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Home My WebLink AboutCC 1982-01-14 MinutesCITY OF Ml Ml MINUTE-S OF MEETING HELD ON January 14, 1982 (REGULAR) PREPARED BY THE OFFICE OF THE CITY CLERK CITY * HALL RALPH G.. ONGIE CITY CLERK 8.3 9 10 11 12 13 ilk (REGULAR) &UCT (JANUARY 14, 1982) APPROVE FUNDING FOR THE "ST. PATRICK'S DAY PARADE" (SEE LABEL 65 FOR FORMALIZING RESOLUTION) DISCUSSION OF THE "NEW WORLD FESTIVAL" FUNDING. (A) DISCUSSION OF PROPOSED STADIUM AS IT RELATES TO SPORTS AUTHORITY (B) BRIEF DISCUSSION -SUPER BOWL '85 (C) DISCUSSION OF BEER IN THE ORANGE BOWL. DISCUSSION ITEM: F.E.C. PROPERTY ON MIAMI BAYFRONT j (AUTHORIZE PAYMENT TO FRATES LAW FIRM DIRECT CITY MANAGER TO TAKE POSSESSION OF PROPERTY AND INSTALL GRASS, BILL RAILROAD FOR R.O.W.,ETC.) AUTHORIZE CITY ATTORNEY TO NEGOTIATE WITH LESTER ALLAN FETTIG FOR PROFESSIONAL SERVICES: REVIEW OF CHARTER AND CODE. APPROVE SUGGESTED "SIGNS" FOR NEW CITY OF MIAMI, UNIVERSITY OF MIAMI, JAMES L. KNIGHT, CONVENTION CONFERENCE CENTER. DISCUSSION ITEM: PERSONAL APPEARANCE OF CHIEF HARMS "CRIME PREVENTION EFFORTS". CONSENT AGENDA: DIRECT CITY CLERK TO PUBLISH NOTICE OF PUBLIC HEARING - COMPLETED CONSTRUCTION-LYNDALE SANITARY SEWER IMPROVEMENT- SR-5462-C AND SR-5462-S AUTHORIZE INCREASE IN CONTRACT NOT TO EXCEED $7,000 AUGUST 5/81. CONTRACT WITH P.N.M. CORPORATION FOR COMPLETION OF CONSTRUCTION OF RIVERSIDE PARK - COMMUNITY DEVELOPMENT PROJECT (4TH BIDDING). ACCEPT COMPLETED WORK -SOLID WASTE FACILITY -SITE REDEVELOPMENT. AUTHORIZE ISSUANCE OF VARIOUS WASTE COLLECTION LICENSES RATIFY, APPROVE PAYMENT TO LAW FIRM OF BROWN, WOOD, IVEY, MITCHELL AND PETTY FOR LEGAL SERVICES -BONDS 6 S.E.C. COMPLAINT. AMEND RES. 81-197, HECTOR, STEEL AND DAVIS,SPECIAL COUNSEL CLAIMS ARISING DURING CONSTRUCTION OF THE CONVENTION CENTER. RETROACTIVELY AFFIRMING ACTION OF CITY MANAGER, CONTRACT MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN. AUTHORIZE AGREEMENT: CONCESSION WITH ST. PATRICKS DAY PARADE COMMITTEE tSDINANCE ouJTI NV PAGE H01 DISCUSSION DISCUSSION M-82-2 R-82-3 M-82-3A M-82-4 M-82-5 M-82-6 DISCUSSION R-82-7 11-21 21-28 29-30 31-36 36-47 47 1 47 R-82-8 47 R-82-9 47 R-82-10 48 R-82-11 48 R-82-12 49 R-82-13 1 49 R-82-14 14 PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS. M-82-15 M-82-16 M-82-17 M-82-18 50 50 - 51 � i � (REGULAR) SMCT (JANUARY 14, 1982) CONFIRM ASSESSMENT ROLL: GARDEN HIGHWAY IMPROVEMENT H-4 374 DISCUSSION ITEM: BOAT SALES AT THE NEW WORLD MARINA (MIAMARINA). PERSONAL APPEARANCE: PHIL HAMMERSMITH REGARDING CITY COOPERATION WITH THE FILM INDUSTRY. DISCUSSION ITEM: FUNDING REQUEST FOR WYNWOOD ECONOMIC DEVELOPMENT INC. PROGRAM. APPOINTMENT TO MIAMI DADE LIBRARY BOARD- EDMUND HENRY ADVOCATE FULL STATE FUNDING TO THE LIBRARY SYSTEM DIRECT CITY CLERK TO ADVERTISE PUBLIC HEARING REGARDING A REQUEST TO PLACE A MONUMENT IN THE MEDIAN STRIP OF S.W. 13TH AVENUE. APPROVE USE OF BAYFRONT PARK AUDITORIUM WITH A REDUCTION IN THE FEE FOR THE UNITED CEREBRAL PALSY ASSOCIATION OF MIkMI,INC. PUBLIC HEARING: STREET CLOSING REQUEST FOR BANYAN TYPE FESTIVAL (DENIED). CLOSE CERTAIN STREETS: COCONUT GROVE ARTS FESTIVAL FEBRUARY 19, 20, 21. PERSONAL APPEARANCE: ERNY FANOTTO REGARDING TURNING OVER OF CITY OWNED FACILITIES TO THE SPORTS AUTHORITY. CLOSE STREETS IN CONNECTION WITH INTERNATIONAL FAIR IN THE ORANGE BOWL JANUARY 21 THROUGH JANUARY 31, 1982. PERSONAL APPEARANCE: STUART SORG WITH MISCELLANEOUS DISCUSSION ITEMS CONCERNIGN WATERFRONT BOARD PROPOSALS. PERSONAL APPEARANCE: STEVEN HEITZ, MORNINGSIDE CIVIC ASSOCIATION REGARDING PROPOSED IMPACT PLAN CODE ENFORMCEMENT OF ZONING. FIRST AND SECOND READING ORDINANCE: HAITIAN SOCIAL SERVICE PROGRAM. AUTHORIZE AGREEMENT: HAITIAN' AMERICAN COMMUNITY ASSOCIATION OF DADE INC. (H.A.C.A.D.) SECOND READING ORDINANCE: AMEND SECTION 14-29 DOWNrrOWN DEVELOPMENT AUTHORITY BOARD- REMOVAL OF MEMBERS. ALLOCATE $30,000.00 AND SOLICIT BIDS FOR CONSTRUCTION OF A MODEL OF THE BAYFRONT AREAS OF THE CITY OF MIAMI. DISCUSSION ITEM: INSTRUCT CITY MANAGER TO INVESTIGAT POSSIBILITY OF REVIVAL OF "PART: AND RIDE" SERVICE BY M.T.A. FROM THE ORANGE BOWN TO DOWNTOWN MIAMI PAGE # 2 2RDINANCE PAGE sOLUTION%, N0, R-82-19 61-62 DISCUSSION 52-62 M-82-20 63-66 M-82-21 66-68 R-82-22 M-82-23 M-82-24 M-82-25 DISCUSSION R-82-26 DISCUSSION M-82-27 DISCUSSION M-82-28 ORD. 9362 R-82-29 ORD. 9363 M-82-30 DISCUSSION 69-70 71-73 73-75 76-93 94-99 99-101 101-102 103-107 107-109 110-114 114 114-115 117-119 _.. — 4w T .III( ci4'WS9offFfAMI, &iDA (REGULAR) &MCT (JANUARY 14, 1982) 33 APPROVE AMENDED LEASE AGREEMENT: CORAL REEF YACHT CLUB, 34 CUTS IN SOCIAL SERVICE COMMUNITY DEVELOPMENT FUNDS -DEFERRED FOR FURTHER STUDY. 35 DISCUSSION ITEM -CITY ATTORNEY'S COMPENSATION 36 ADJUST BASE SALARIES OF CITY CLERK AND ASSISTANT CITY CLERK -FURTHER PROVIDE POSITIONS OF CITY CLERK AND CITY ATTORNEY TO RECEIVE THE 2% COST OF LIVING ADJUSTMENT APRIL 1982. _ 37 DISCUSSION OF SALARY OF MARIE PETITP ADMINISTRATIVE ASSISTANT TO THE MAYOR APPROVE PROPOSED POLICY FOR DEVELOPMENT OF THE 38 SOUTHEAST OVERTOWN/PARK WEST AREA PROJECT. 39 DISCUSSION ITEM: COLLECTION OF TRASH AND GARBAGE 40 APPOINT RALPH GISBERT AS A MEMBER OF THE CIVIL SERVICE BOARD COMMENDING LESLIE PANTIN FOR HIS SERVICE ON THE BOARD. 41 DISCUSSION ITEM: CITY COMMISSION MEETING GUIDELINES 42 ACCEPT BID: TRUSTEE SERVICES OF PROPOSED SALE OF PARKING GARAGE REVENUE BONDS IN THE AMOUNT OF $12,000,000. 43 ALTHORIZE INCREASE IN CONTRACT: EVENSON DODGE, INC. FOR HOUSING FINANCIAL ADVISORY SERVICES FOR PRODUCTION OF LOW/MODERATE INCOMES. 44 ACCEPT BID: AUTOMOTIVE DRIVE ON RACK -; 45 ACCEPT BID: MOTOR VEHICLES. 46 ACCEPT BID: DAY CARE FOOD PROGRAM 47 FIRST AND SECOND READING ORDINANCE: LOCAL GOVERNMENT CRIME CONTROL PROGRAM. 48 AMENDMENT TO AGREEMENT: ROBERT M. WEBSTER AS FIRE COMPUTER SYSTEMS AND RECORDS CONSULTANT. 49 ACCEPT BID: OFFICE FURNITURE FOR THE FINANCE DEPARTMENT. 50 ACCEPT BID: CITY HALL FINANCE OFFICE RENOVATIONS. 51 FIRST AND SECOND READING ORDINANCE: APPROPRIATING FROM UNALLOCATED F P & L FUNDS TO INCREASE APPROPRIATION FOR RENOVATION OF GENERAL ACCOUNTING. 52 EMERGENCY ORDINANCE: OPERATION OF MARINE STADIUM 53 FIRST AND SECOND READING ORDINANCE: INCREASE APPROPRIATION OF THE MAYORS OFFICE-1 POSITION 54 ACCEPT BID: KIRKLAND SANITARY SEWER SR-5478-C 55 ACCEPT BID: AFRICAN SQUARE RECREATION BUILDING - MODIFICATIONS PAGE # 3 ORDINANCE o� K PAGE NO, SOLUTION R-82-31 1 119-121 DISCUSSION 121-126 DISCUSSION 126-127 _ DISCUSSION 1 127-132 DISCUSSION 1 132 M-82-33 133 DISCUSSION 134-141 M-82-34 142-143 R-82-35 DISCUSSION 144-145 R-82-36 1 145 R-82-37 145-146 R-82-38 146 R-82-39 146-147 1 R-82-40 147 ORD. 9364 1 148 R-82-41 1 149 R-82-42 149 R-82-43 1 150 ORD. 9365 150-151 ORD. 9366 151- ORD. 9367 153 R-82-44 1 153 R-82-45 1 153-154 MU 1 56 57 58 59 60 61 62 63 64 65 66 67 I IKEX CI;1 Illl05%AF&DA PAGE # 4 QRDINANCE 0R (REGULAR) &UCT (JANUARY 14, 1982) SOLUTION NO, PAGE NO SECOND READING ORDINANCE: AMEND APPROPRIATIONS ORDINANCE -OPERATING COSTS OF LITTLE HAVANA COMMUNITY CENTER FIRST AND SECOND READING ORDINANCE: DELETE ALL REFERENCES IN THE CODE TO "LEISURE SERVICES DEPARTMENT SUBSTITUTE WORDS:"RECREATION DEPARTMENT". APPROVE EFFORTS OF FLORIDA LEAGUE OF CITIES - 1C INCREASE IN SALES TAX- MX RELIEF FOR THE PEOPLE ' OF FLORIDA APPROVING TERMINATION OF NEIGHBORHOOD ECONOMIC DEVELOPMENT PROGRAM SBID-WYNWOOD. EXECUTE RETROACTIVE AGREEMENT: ECONOMIC PLANNING ACTIVITIES RENDERED BY THE PLANNING DEPARTMENT AND THE TRADE AND COMMERCE DEPARTMENT. ACCEPT BID AUDIO INTELLIGENCE DEVICE. GRANT USE OF COKMISSION CHAMBERS FOR A CEREMONY � "JOSE MARTI." GRANT WAIVER OF USE FEE FOR LITTLE HAVANA COMMUNITY CENTER ELECTIONS FOR OFFICERS OF CUBAN MUNICIPALITIES IN EXILE. APPROVE REQUEST BY "ACTION" FOR $12,560. FOR MATCHING GRANT FROM FEDERAL GOVERNMENT IN ORDER THAT THEY CAN CONTINUE TO OPERATE THEIR 4 VANS, FORMALIZING RESOLUTION: ST. PATRICKS DAY PARADE. ADJUST SALARY OF CITY CLERK, ASSISTANT CITY CLERK AND PROVIDE FOR 2% COST OF LIVING INCREASE FOR CITY CLERK AND CITY ATTORNEY. WAIVE COMPETITIVE BIDDING: CONTINUANCE OF SYSTEMATIC MAINTENANCE AND EMERGENCY SERVICES -INTEGRATED PROTECTION SYSTEM AT CITY POLICE STATION. WAIVE COMPETITIVE BIDDING: MAINTENANCE OF POLICE COMPUTER SYSTEMS. MOTION TO RENAME MANOR PARK: "CHARLIE HADLEY PARK". ORD. 9368 ORD. 9369 R-82-46 R-82-47 R-82-48 R-82-49 M-82-50 M-82-51 M-82-52 R-82-53 R-82-54 R-82-55 R-82-56 M-82-57 155 155-156 156 157 158 158-159 f 159-160 160 160-161 1 161 162 162-163 163 CITY COMMISSION OF MIAMI, FLORIDA On the 14th day of January, 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 9:05 A.M., by Mayor Maurice Ferre with the following members of the Commission found to be present: Commissioner J. L. Plummner, Jr. Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor Joe Carollo Mayor Maurice A. Ferre ALSO PRESENT WERE: 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 Reverend Gibson who then led those present in a pledge of allegiance to t.,� flag. On motion duly made and seconded by the City Commission, the Idinutes for the meeting(s) of (a) Regular Meeting of October 7, 1981 and November 12, 1981 were approved. 1 • APPAW.G F'JivDIX FOR TfZ; "ST. PA='RIC+C' S LAY PARA Z" - (See Label 65 for formalizing Resolution) Mayor Ferre: The first item before us is the discussion of the St. Patrick's Day Parade funding. Mr. Dawkins: Mr. Mayor, is it possible for us to discuss Agenda Item 36 at the same time we discuss item A? Mayor Ferre: Sure, I have no objection. Mr. Dawkins: 'Thank you. Mayor Ferre: All right, Mr. Manager, we are now on item A. These gentlemen and lady have been us, I think, for three meetings in a row, patiently wait- ing for hours and hours to be heard. There is a letter fran John Shields previous to this, I think, requesting -as I recall it was $15,000, wasn't it? What was the request? (INAUDIRI.F RESPONSE WAS NOT PLACED IWO THE PUBLIC RDCORD) UNIDENTIFIED SPEAKER: $33,000, Mr. Mayor. Mayor Ferre: All right, sir, go ahead. Sir, the request is for $33,000? Mr. Dan Brennan: Originally, yes, sir. My name is Dan Brennan, Chairman of the Parade, I live on Key Biscayne and we appreciate the opportunity to 01 C V come back to you. Traditionally, we have come before this Ccamission to secure the funding for the Parade, and this year we asked to go before the Festival Advisory Carmittee, which we did, submitted our applications, and our request was for $33,000, we'll get into that detail later on. It was cut significantly. They told us we would get $15,000 and then dawn to $9,000. We are here this morning to try to let you see what this Parade has done for the City of Miami. First, St. Patrick's bay Parade is not an ethnic parade nor is it a neighborhood parade. St. Patrick's Day Parades began in 1779 in New York City so it's an American tradition, they don't celebrate it in Ireland like it is celebrated here. We brought some posters to try to emphasize this to you this morning and we hope that we can adequately point this out to you. E This is a story from the Miami Herald which appeared the day after last year's Parade. And it's an interview with eight Irish journalists who were brought -- here with our intercession. Normally, they go to New York City to cover the a - Parade and they mane to Miami, and all of their remarks were extremely favor- able, not only about the Parade but about the City of Miami and its environs. That'kind of publicity, of course, is very important. We have in our brochures -if you would distribute these- copies of these articles. This is a letter from the Bank of Ireland. A gentleman who came here expressly to see the Parade, who wrote rather a glowing letter to us about the Parade but also it was a great pleasure to tell our many friends all about Miami and all the better if they can plan a holiday there which would include the St. Patrick's Day Parade. And this article, headline article, "St. Pat's Day in Miami" is from the Dublin Evening Herald. And Ith_ink these articles certain- ly give witness to the publicity which we have generated which is what we have _ attempted to do throughout the years. In this particular article he says, for example: "The post -Parade party which was held at Omni, which overlooks this magnificent City, its beaches and seashore." And another paragraph: "The Mardi Grass in New Orleans, just a week ago, is now facing stiffer ccm- petition." And in another paragraph: "As many as 15,000 Irish people are expected to holiday in Miami this year." Along that same thought, I want to point out to you a :r_'ecent development Sal Gellman, who many of you know, who is the Manager of the Columbus Hotel, at his request, he and I are going over to Dublin the first week in February, he has organized a tour from there with the cooperation of Air Florida, who are working with us on the Parade, incidentally, to bring people here from the Parade to kick off a tour to — Miami for the rest of the year bringing people from Ireland and England to _ the Parade. We think that this Parade more than any other event that I know of, and we, of course, want to exclude, the Orange Baal Parade. We know that that's tradition, that it's drawing a lot of attention, but we think that we have proven track record of doing something worthwhile for this City. This is the'International European Tourist Service Book in'which we have placed an ad which states: "Came, march in the sun in Miami, Florida." I want to point out that all of these stories -although we are partially funded by Dade County- all of the stories say "Riami". The date lines are "Miami", and this is k&iat we want to stress to you. This full page ad is paid for by our Com- mittee. This souvenier book which you have —and, incidentally, if you look at page 38, we have the photographs of last year's Commissioners and we assure _ you that we will correct it for the 1982 edition so that we hve the new Com- missioners on here. This is also distributed in Europe and in the Northeast. In short we really have got the Parade well under way. Last week I received a call from the New York City Police Department who want to send their Esmerald Society Pipe Band here for our Parade. That kind of publicity will hit the New York papers and other paper as well. What we need is to get back to at least a better portion of our original request so that we can adequately promote the Parade, and get it advertised and get people down here for that week. And I'd like to introduce now -I think that concludes my remarks - John Shields, who can give you a history of the Parade. Thank you. Mr. John Shields: Mr. Mayor, members of the Cam mission. John Shields. My office address is in the City of Miami at 25 W. Flagler. I'll be very brief gentlemen. About four years ago, the Esmerald Society of South Florida, which is approximately now, 400 men in the Miami area, in the City of Miami itself, decided to form a Parade Committee. ittee. There were about four of us that first day and people said it couldn't be done. Well, Mr. Mayor, you were there on Flagler Street that first year and maybe some of the other gentlemen too but I renanber you, Mr. Mayor; and we did it, and we've done it each year, and this is a true Miami Parade, the greatest sight in the world is to see is to see a Miami or a South Florida band that's 90% Latin, or Black, and their colors may be purple or white, but they are playing an Irish tune and they've got a little green carnation, and they are marching down the street as a true American Parade. And when we see all this publicity, I `� JAN 141982 know you know what I'm talking about, that what we did before... -those magazine articles, those newspaper articles about Miami that hit the press - what we've been trying to do all of these years, we want to continue, to show a smiling, short -sleeve crowd in march enjoying a Parade, with everyone happy and what Miami really is. We want to continue to do this and we just need your help. They said it couldn't be done but with your help gentled we have done it, and we are very proud of it, we hope you are proud of what — Miami and what we have tried to do for Miami, and at this time we want to show you something that we have professionally done, it's very short, it's narrated by Dan Fitzgerald who is the on field M.C., in the second lead to =_ Jack Jones at the half-time show at the Orange Bowl just two weeks ago. He is a member of the Esmerald Society and this is a video tape which Peter O'Connor, our Parade Vice Chairman will show you. It's been distributed = and is shown in New York, Boston and in Irish Television. AT THIS POIDIT A VIDEO PRESENTATION WAS MADE AND NARRATED BY MR. PETER O'CONNOR. Mr. William Harnett: Thank you. My name is William Harnett, I'm from 2816 Ponce de Leon B1vd.,Coral Gables. We'd like to give some additional infor- mation on our quest. Our original project was $104,000 and our request for $32,450. Realizing the economics of the times, we went out and supplemented that need by an additional $14,000 that we raised. So we would like to drop our request to $20,000. At the present, you previously had awarded us $9,000 when we went through the process. This is the kind of product that we think sells Miami, it does a good job, it goes on national T.V. in Europe, and any other places and clubs and this is the kind of items that we want to use the money for, for promotion. It's a promotion deal. We can put on the Parade but we can't bring the people. And we think that the dollars expended by the City gets dollars back to the merchants in the form of people coming down here. We got it going, we need the additional help to keep it going and that's why we amended our request to a total of $20,000. Mayor Ferre: Let me ask you some questions. How much did the City give you last year. Mr. Harnett: Last year the award was $15,000 plus a negotiation for in -kind services; however, we did not negotiate the in -kind services, we paid the in - kind services out of the $15,000. Mayor Ferre: Hm; much did Metropolitan Dade County give you last year? Mr. Harnett: Last year Metropolitan Dade County gave us $10,000, this year they gave us $15,000. Mayor Ferre: $10,000, okay. This is what ... the third or the fourth year? Mr. Harnett: This is the fourth year. Mayor Ferre: The total budget is $104,000 and you are in effect asking us to put up about 20% of the total budget. Metropolitan Dade County put up $15,000 this year. Mr. Harnett: Yes, sir, but Mr. Mayor, if you notice that some $25,000 is advertising and promotion that deal outside of the area. In other words, it's not for running it, it's to do the advertisement like this item and the adver- tising in New York and in Boston, in Chicago, and in those areas, because they can came march in the sun and about that time they have had it up to here with the snow. Mayor Ferre: The budget of the City of Miami is about $150,000,000 a year Metropolitan Dade County's budget is more than 10 times larger, in addition to which, the people at Metro tare this "we" and "they" attitude. Twenty two percent of the taxpayers of Metropolitan Dade County live within the limits of the City of Muni and 60% of the money that they collect in bed tax which is where you got your money- ocme from within the boundaries of the City of Miami. So, you know, we could say, like others say, we gave at the office, we've already given, you got ...what you got was mostly collect- ed within the boundaries of the City of Miami, we are part of Metropolitan Dade County. We have not done that in the past because we look upon our role in the City as one which, even though we are a much smaller government and a much smaller budget, that we also have a fiduciary responsibility to be of assistance to things that help the com unity as a whole than Miami specific- ally. Now, Theodore Gibson used to say when he sat on this Commission., that 03 G if we have the Boards and we follow procedures for a reason and that if we ' started to overly disregard the reomu endations of our Hoards, then we might as well dissolve them. Why do we need Boards for if we are not going to follow their reccmrendation. Now, in your particular case, the Board reeem- mended $15,000 and you got cut down to $9,000. Well, I'll tell you, in fair- ness, since Metro gave you $15,000 which is an increase over last year's $10,000. that since we gave you $15,000 last year that we really shouldn't cut dawn un- der that, but on the other hand I don't see how when in a few minutes we are going to be cutting out programs for the elderly and programs for the poor and the disadvantaged, that we can increase beyond the reoannendation. That's just one man opinion. Mr. Harnett: Mr. Mayor, we appreciate that, and we are well aware, this is a totally volunteer organization and of the organizations that have been funded -and they are very worthy projects only probably 10% of them try exceedingly to bring the people into the area to ring the cash register for the tourist tax deal and for the merchants. That basically is what we are designed to do and I'm sure you know that the time to advertise is when the store is empty not wiin it's busting with people. And those are the products that we need to do and we think we bring immediate) results, that's why we are here, to ask for that additional request. We, in effect, we did go through all the procedures and we cannend you and we were there, at all meetings, regardless of whether a quorum was present or not and the principal point is, we are just a little bit different than the rules they've got there. We are a festival -type operation and a parade program that is merchadised for the City of Miami, with City of Miami datelines, you see? Mayor Ferre: And I ccmpletely agree and concur with that and that's why I would vote for a 66% increase which is what is being proferred over what the Camlittee recannnded. They recamended $9,000, if you get $15,000, that's 66% increase. Mr. Dawkins: Mr. Mayor. ?Mayor Ferre: Yes, sir. Mr. Dawkins: Do you say the City of Miami is giving you 10% and the County is giving you 15%. Knere is the rest of the funding caning from? Mr. Harnett: The rest of the funding ccros from within our membership and with the various drives that we have. We sell like license plates, we sell advertising programs like in this book..we have a parade package for an indi- vidual to be a Division Marshal which the corporate area oases in and buys a so-called package which includes their floats and their participation and advertising the whole program. Mr. Dawkins: All right, sir, one more question. Item 36 is a Resolution authorizing the City Manager to execute a two-day concession agreement with the St. Patrick's Day Carmittee for concession activities at Bayfront Park. What will happen to those fees? Mr. Harnett: Those cronies cane into the Parade just as those funds are used to handle the cost of the Festival in the Park and to help underwrite the Parade. It's part of our budget. Mr. Dawkins: To help underwrite the Parade. Mr. Harnett: Yes, sir, and the advertising program. We have a concert, for instance, on the 28th of February, we are bringing in the Coral Gables Country Club and we are selling tickets for that. The profits which generate sane $4,000 to $6,000 in each of those events go into funding the Parade. Mr. Dawkins: Okay. So I would like to put this organization, the Kwanza organization and Calle 8 and all the others on notice that when you have concession rights it is to your advantage to attempt to hold these concession fees in reserve to help you finance your protect. Mr. Harnett: We do. Mr. Dawkins: Well, evidently either you didn't sell enough or you didn't reserve enough because as the Mayor said, we are at a point where we are denying services to the citizenry in order to sponsor what you say tourist producing entities, and I, as a Commissioner cannot sit here and attempt to deny these services in order to sponsor a Festival, as much as I want to. As much in i favor as I am with this, as mach as I like it, therefore, that's why I would have to stick with the recommendation of the Festival Board because that's what we've got because I'm going to be also requesting that other funds be denied other agencies but I would hope that all agencies remember that when they apply next year, those that have concession rights, should try to have enough money to sort of off -set some of their ... most of the majority of their costs. Mr. Harnett: At times, for instance last year, we opened the concession to anybody who was licensed in the City of Miami, any of those individual vendors. The only thing we want to do is control the people, and that's why our request here in that particular item is, to control than insofar as we don't have everybody walking in and we have proper crowd control. We have had no inci- dents of any kind at any of the parades we've had. Mr. Dawkins: All you are asking for is the right to control vendors so that vendors will not have to buy space or anything....? I mean, I'm at a loss. Mr. Harnett: Yes, sir. Mr. Dawkins: They will not have to buy space. Mr. Harnett: No. There is booth space available in the park itself. Mr. Dawkins: Is it free? Mr. Harnett: No, the charge is for the booth itself. Mr. Dawkins: So there is a fee. Air. Harnett: It's a $10.00 charge. Mr. Dawkins: It's a fee caning in, right? Mr. Harnett: Yes. Mr. Planner: Mr. Gary, if I may, let me ask a question of you. If we get then $9,000, I assuDe in cash? Mr. Gary: Yes, sir. Mir. Plummer: All right, is there anything the City can do in in -kind services for them to possibly afford then some relief of their other assets? Let me tell you what my problem is, it's very simple. Every one of these C Tnittees are having problems because of what I feel is the mistake of the City of Miami and the Mayor hit it right on the head -we gave at the office, and we are still giving. Out of nearly $2,000,000 to put on the New World Festival -which, in no way, am I degrading the New World Festival- the City of Miami when in addition and gave an additional $175,000 beyond that 27% to 30% that we gave in the over- all picture. The Festival Committee did a good job in analyzing all of the dif- ferent festivals. It was not their fault that we took $175,000 and gave to a lump sun. These people, as well as others, predicated their budgets upon -I assume- the recommendation of the Festivals Committee. Now they find themselves short and I'm not trying to find fault, I'm trying to find a solution to help if it is humanly possible. Mr. Gary, my question to you basically, is there anything that we can do beyond the cash grant that we have done in the way of in -kind services to hopefully relieve sane of their other assets for other obligations that they have. Mr. Gary: Well, first of all, I think we should ask the Committee if they are paying us anything for police or sanitation services. Mr. Harnett: We have in the past and we expect to do it this time too. Mr. Plummer: Well, that's the kind of an area that we might be able to be helpful in. Mayor Ferre: J. L., let me tell you, be careful now, because don't forget that when the Young Kiwanis Club and the Little Havana Group came and they wanted us to help with the police, do you remember?, they wanted ... the chief is around nere but I think the Chief recommended that they get 18 police orricers, and they didn't want to get 18, didn't they end up....did we give then those police officers? Did we help then or did they pay for then? Mr. Gary: They paid for it, but the problem with that is that if we gave 05 r t than in -kind it would cost us more than to get then off -duty police officers that they pay services for at a cheaper rate. Mr.Plummer: Well, I understand what you are saying Maurice, and I under- stand what you are saying, Howard, okay? but let me draw a different conclu- sion than I'm looking at. God only knows what we pay or what it costs us in-house to do the Orange Bowl and that's something that I think under tight dollars we are going to have to do same hard, hard looking at, including a float for $27,000. Maurice, this is not the Calle 8, this is not Kwanza, this, like the Orange Bowl, appeals to nation-wide and international attrac- tions for South Florida. That is why I am willing to do whatever I can to try to bring this more into the proper perspective. I don't know what we can do you can only squeeze a turnip so far but I would ask of the Manager to sit with these people and see if there is anything that we can do to try to res- tore or cane back to the figure that they had originally banked upon in the allocation designated by the Finance Cc m ittee. I don't know what else we can do. I'm open for suggestions. Mayor Ferre: Well, I agree with what you said. Mr. Plummer: When is the Parade? Mr. Harnett: March 13, and the Festival in the Park is March 14th this year, it's a two-day event and... Mr. Dawkins: Did he make a motion? Mayor Ferre: No, he didn't make a motion, he said he is open for any... Mr. Plummer: No, I didn't make a motion, I would just ask, Maurice, if it's humanly possible that the Manager try and find a way to secure an additional $6,000 worth of services for this group and to report back at the meeting of February llth. Mayor Ferre: Okay, I'll tell you, I think what we ought to do, J.L., is we've got -co approve the $15,000, which is an increase of $6,000, or are you saying approve $9,000 and then the $6,000 in in -kind? Mr. Plummer: We can do it backwards if you want, I have no problem with that, approve the $15,000 and then hopefully the Manager can do it in in -kind rather than, hard dollars. Mayor Ferre: We'll do it any way you think is right. Mr. Plummer: Howard, how would you prefer? Mr. Howard: Ah.... Mr. Plummer: Mr. Mayor, I make a motion that we give than a total ca nitment of $15,000. Mr. Gary: Mr. Mayor, I would prefer to give them the $6,000 cash because it is cheaper. Mr. Plummer: I make a motion that we grant the $15,000 to the St. Patrick's Day Parade. Mayor Ferre: Is there a second? Mr. Carollo: Second. Mayor Ferre: Under discussion. Mr. Dawkins: Discussion... Mr. Plummer: That's the total. Mr. Carollo: It's a lump sun of $15,000. Mr. Plumper : Yes. Mr. Dawkins: Discussion on the motion. Now, We have the Advisory Board. 46 J A N 1 4I t f Mr. Dawkins (cont Id): Are we going to adhere to the recamtiendations of the Advisory Board or, if we are not, in the future, if we are not I would like to see the Advisory Board discontinued, dismissed or what have you, because I don't feel that we should have citizens volunteering their time to come up with reommendations that we override and don't listen to.. Mr. Plumper : May I answer? Miller, we are doing exactly what was recan- mended by the Advisory Board. They were unaware that this Carmission would take away fray their amount of funding $175,000 and give it to the New World Festival. All we are basically doing is living up to that cmnitment that was delegated by the Advisory Board. Mr. Dawkins: Okay, thank you, Mr. Plummer. Okay, call the question. Mayor Ferre: That's a very accurate portrayal. Call the question. r THEREUPON, THE HEREIKABOVE motion duly made by Commissioner Plummer and seconded by Commissioner Carollo, was passed and adopted by unanimous vote, as follows: AYES: Commissioner J.L. Plummer Commissioner Demetrio Perez Jr. Commissioner Miller J. Dawkins Vice Mayor: Joe Carollo Mayor: Maurice A. Ferre NOES: None ABSENT: None (NOTE: PLEASE SEE LATER FORMALIZING RESOLUTION 82-53) 2. DI:�CUSSIal OF 1ti:. "iZ: 7 .401r D FLSTIVAL" FU1dDLZ. Mayor Ferre: Out of courtesy to same of the people that are waiting on sane of these itens that are here, we have the New World Festival here and I see that Bob Hannan is here and since it is a related item, if the Com— mission would permit me to skip unless there is an objection since this is a related type of an item, I'd like to take the New World Festival fund- ing. Now, just to remind you of what this is all about. We have already agreed to fund these people and they hav funds and are moving along. The problem get to ask score very basic questions and you could give us the answers. I think that were asked and if not I'll, just ou is, if there is to be any cash flow re of Miami be reimbursed since we are real in 1982, giving out money to other than will the Cristo Exhibit be self ... will it to have a deficit, directly or indirectl e t y cammitted the expenditure of these is that last time around we didn't Mr. Herman if you would, perhaps you've heard the three questions of memory, paraphrase them. One turn to the Festival, will the City ly not in the business of, especially the very needed things, and, seoandly, Day for itself or is that vnina of public funds. And then there 07 if F was some question about the turning over of art to Metropolitan Dade County and the question canes up that since we are also contributors, is the City of Miami going to be the recipient of any art work? Those are the questions. Mr. Bob Herman: Thank you, Mr. Mayor, on the first question. Will any of the monies if monies should remain in excess at the end of the Festival, will any of those be returned to the City of Miami. Is the plan of the Festival Committee that this should only be the first of many festivals. It is thought, therefore, it has been planned, therefore, that all monies that re- main after the first festival should be used as seed money so that we won't have to go back for more monies for the production of the second festival. The monies that we have requested from the City of Miami were for advertising and promotion. If we accomplish what we hope to accomplish with that and bring in 144,000 bed -nights in a promtional campaign world-wide in excess of $1,000,000 or $1,500,000, then we did not plan to return monies either to Dade County, -the City of Miami Beach, the City of Miami, or the State of Florida, but to use it for the creation of another Festival. Mr. Plunrer: Bob, you know, unfortunately for you I sit on the TDC. You know, where does it end? That's what I'm wondering. Your total funds that you've got from the TX , that 20% allocated to cultural, dedicated to the New World Festival, you are talking about, as I recall, $1,700,000, almost 90% of that budget for two years. You see, where I've got a problem and now I have to wear my other hat, okay, I have to wear my hat as a City Commissioner, of that monies that you are delegating from the TDC, as the Mayor very clearly spelled out before, about 30% t 40% of that money is generated from the City of Miami, all right?, not from Miami Beach, not from anywhere but from Miami. The City of nia-mi has been thrown into the soup because of the fact that we had to R take from our own festivals as you just heard from the St. Pat's and others, to give yot an additional $175,000 and I just have to tell you that it is un- fair to the people of Miami to have to give you 30% to 40% of your original money and then another cash grant on top of it. Now, the problem is we did it and you've got to do your figuring predicated on wilat you had to work with. I guess really the only question I can ask at this point -is there any humanly way possible that you can reduce that need from the City of Miami? Mr. Herman: In the publicity and in the promotion of the Festive], it'q Miami that receives the primary benefit, you don't hear 'oane to Dade County' you don't hear ' cane to Miami Beach', you hear 'come to Miami' an that's the campaign that's going to start all over the country and all over the world. I don't see any of the other festivals being able to provide a special section in Time Magazine which we are going to provide in March or April, I don't see any of them getting major stories in all the in-flight magazine, PanAm putting up $100,000 toward promoting Miami because of the Festival, and additonal $100,000.... Mr. Plumper: Excuse me, question, how much did you pay for the article in Time magazine. Mr. Herman: Not one penny. Mr. Plummer: Did you take out a full -page ad? Mr. Herman: We took a full page ... wait a minute... Mr. Plummer: And how r h did you pay for that? Mr. Herman: Maybe $1,800... I would have to check that. Mr. Plummer: $18,000. Mr. Herman: No, I'm talking about the Latin American edition and I will check that and get the figure to you, Mr. Plummer. Mr. Plummer: And I just find it totally unacceptable after what Time magazine did to this community to turn around and subsidize then to the tune of $18,000 to keep them liquid to write another dam article. .:r. Herman: If we can get a positive article it's well worth that to the C.'.ty of Miami. - 08 eA"j A A J A ( L ..% i:JOL Mr. Plummer: No, you are not getting a positive article. Mr. Herman: Oh, yes we are. Mr. Plummer: You a;.•e paying for an ad. Mr. Herman: No, no. We are getting an entire special section where we will control the editorial portion of that and it will be positive for Miami and this festival is going to bring more positive to Miami than any single event in 1982. American Express within the next two weeks is going to put out 400,000 brochures throughout Europe, North, Central and South America —they are going to put out a flyer throughout Latin Amrica in English and Spanish in hundreds of thousand of copies, this is going to be the best investment this City ever made, Commissioner Plummer. Mr. Dawkins.: May I ask you a question? Mr. Plummer: Well, excuse me, let me just finish up, I would like to believe that for $18,000 that you could buy Time magazine and control the editorial portion of that. I'm sure that for $18,000 you are not going to get the front page of Time with a thing that says "Paradise Recovered". Mr. Herman: I challenge the fact that we are paying $18,000, I do not believe that and I will confirm that to you, Commissioner Plummer, I do not believe that's a fact. Mr. Plummer: I read an article in a newspaper and I do not always take that as gospel but you are paying for an ad. Mr. Herman: I will check that and will cane back to the Commission with the information. Mr. Plummer: And I, I just find it hard to believe that we are ... you know, that's biting the hand that feeds you. That's not the overall point of why you are here. Mr. Herman: Yes, I mean, you are making fund of what the Festival is trying to do and I don't think that's right. We are trying to do something for this ccrm,unity and we are trying to improve the image of this oatmunity and.... Mr. Plummer: No, I take exception to that, I take exception to this point... Mr. Herman: Well, it sure sounds like it. Mr. Plummer: And this point is who you are doing it with. Time magazine is only one publication in this country. Mr. uerman: Correct. Mr. Plummer: And I personally feel that had you done with other publication I've got no problem with it. Mr. Herman: But we have, we are putting a $500,000 advertising campaign in major publications throughout the country; newspapers, magazines, and so forth. Time magazine is a small part of it, the reason I mentioned it is because they are doing a whole positive section which I feel will help us overcame the negative publicity that we got in the last one. Mr. Plummer: Well, my bottom question is still the same. We need relief to to help our own, charity starts at home, if there is any way that the New World Festival Ccamittee could release the City of Miami of some of our $175,000 obligation, I think that you would be doing this Commission a ser- vice and a favor. I'll leave it at that. Mr. Dawkins: I'd like to ask a question You continue to say that this Festival promotes the City of Miami and the City of Miami only... Mr. Herrman: I didn't say only, Mr. Dawkins. I said primarily... Mr. Dawkins: No, you did not but, all right. Mr. Herman: ...because in the ads City of Miami is mentioned. a Mr. Dawkins: Well, okay, then 'primarily', then 'primarily' we should support it, not in total almost. Mr. Herman: Well, you are not in total.... Mr. Dawkins: Now, go along the other lines, I also think that people who come to this Festival spend money in Bal Harbour, they go and spend money in Key Biscayne, they spend money in Coconut Grove and they spend money in all the other areas. So, therefore, I, too, would hope, knowing -again, and I hate to keep saying this- that we are denying services, health care services, police service, fire service, to all the citizens, and we are constantly being asked to, and I quote "promote" the City of Miami when the citizenry which lives here is getting short-changed. So, if you could find any relief for us, I, too, feel that you would be doing a civic service to the City of Miami. Mr. Herman:- Ca nissioner Dawkins, may I respond briefly? The total budget Of the Festival is $4,800,000. We have gone to Dade County, City of Miami Beach, City of Miami and State of Florida and we've gotten nearly half that figure with most of the others -not the City of Miami Beach but with the State and the County ccm ng through with much larger amounts than the City of Miami which I feel does receive the primary focus, because everything that goes out says: "Miami". The people of Dade County are upset because we don't say "Came to Dade County or come to South Florida", we say -"Cane to Miami.", and that's where the main publicity goes. I believe that when this Festival is over the econcnic research report will prove to be true and that will be that we will have a $22,000,000 impact on this community, and we will focus the attention of the world in Miami not as a place of crime, and drugs and refugee problems, and so on, but as a mature cultural cammunity and that has far more value to this community than any one of the smaller things and this is the whole reason that the Festival was created because we are trying to bring tourists here. Mr. Dawkins: Let me close by borrowing one phrase from the Mayor, -the majority of the tax dollars cane from the City of Miami. Mr. Herman: Not the majority, 30% to 40% you said, right? Mayor Ferre: I thought it was 60%, J.L. Mr. Plummer: No, that's not the total Maurice, it's about 40€. Mr. Dawkins: All right, 40t, so some of these other people who are getting the 60% ought to pick up as much for their 60% as we are picking up for our 40%. Mr. Herman: I agree, and we are trying to raise funds everywhere we possibly can. We've got a long way to go to make a $4.8 budget. Mr. Plummer: Bob, please don't leave here with any negative thinking that I or ... I don't think anyone on this Canmission is negatively thinking about what this New World Festival is going to do for this ocmnuzity, and I don't think that questions as have been raised here today would not have been raised unless we are finding ourselves with problems of funding programs and this Commission is trvine every way humanly possible to meet the needs of cur taxpayers first and the eamiunity's second. I would tell you that from all of my association with the TDC and knowing what I know about the New World Festival, I think you will do more than $22,000,000 worth of bTpact in good for this eatmunity, it's the idea that the City of Miami seems to always be first in line when it is a request for money, and something has got to give, and if nothing more, this Commission is putting out the word that Joe Carollo is saying -the day is coming, it's got to Come, where something has cot to give and those days are rapidly with us. Mr. Herman: You asked two other questions, Mayor Ferre. Mayor Ferre: Yes, would you answer than? Mr. Herman: Surely. On the Cristo project. When we originally negotiated with Crystal, we had a verbal agreement that if he would do his surrounded island project in the month of June, that we would purchase $200,000 of his art work which would then become the joint property or, became the property in same proportion, of the Festival, the County and the City of Miami. When he had to delay because of not being able to get the material, because of not getting his permits on time, because of having to do the environmental study which took longer than anticipated, he withdrew any request that we purchase any of his art work and now there is no obligation for us to pay him a penny , he has not been paid a penny and he will do an exhibition during the Festival totally at his own cost. Mayor Ferre: All right, the last question was, whether or not if there is any art work that is going to be turned over to the Library System, I think that the City of Miami should in some fashion particpate in the receipt or as a repository of such art. Mr. Herman: There are no art works. What there is..we went, before I ever came to the;City of Miami and asked for funding, we had the funding of the Dade County Council of Art and Sciences. So, therefore, as we commission new operas, new symphonies, new chamber music and so forth, we ask the composers to give us a hand-written first page dedicated to the people of Dade County which would be deposited with the Dade County Public Library System for permanent display. That is the only thing that we do have. Mayor Ferre: I have no further questions, I just have a comment. If what you and your Committee are proposing to do ends up in half ... in accomplishing half of who:. you say you are going to accomplish, I think all the money that the City, and the County, and this community has put into the project will have been about the best money expended that we could expend. And I think that you are to be cammeanded and congratulated and encouraged and I only wish that...is that a Metropolitan Dade County tie that you have on? Mr. Herman: Yes, sir. Mayor Ferre: I only wish that we had a City of Miami tie so that we could give you one so that you would wear the City of Miami tie once in a while too. But thank you very much. Mr. Herman: Thank you, Mr. Mayor. I just want to say that this Festival is so big ...it's not something that the Committee or I or anybody involved can accomplish on his own, this is going to take a cam =ity-wide effort and we've got to spread the word and make the world aware of what's going on in Miami because it is tremendously important. Thank you very much. Mayor Ferre: Thank you very much. 3(a). DISCUSSION OF PROPOSED STADIUM AS IT RELATES TO SPORTS AUTHORITY; 3(b). BRIEF DISCUSSION - SUPER BOWL '85. . 3(c). DISCUSSION OF BEER IN THE ORANGE BOWL. Mr. Carollo: Mr.Mayor, at this point in time, I'd like to bring something up which I think is of prime importance to this Commission and this City, and I think it will only take up a couple of minutes if we could take it up now. Mayor Ferre: Go ahead. Mr. Carollo: Mr. Mayor, at the very first Commission Meeting that this new Commission had, we made several points very clear that we expected to be followed up and agreed to by Dade County. They expected this City of Miami to participate in their Sports Authority to the extent of handing over the Orange Bowl and the Baseball Stadium to the Sports Authority. Mr. Mayor, those points that we made -and I would like to go over then again- were: 1) That whatever stadium would be built, that it would be built within the boundaries of the City of Miami.. (2) That the name "liiami" would be placed in it. (3) That this Commission and this City would be able to have equal representation in the Sports Authority. (4) That whatever appointments we 11 C would have there that this Carmission would have the sole authority in placing or replacing whanever it would want and not have to depend on Dade County to approve or disapprove. (5) And last, but not least, Mr. Mayor, -that after this would be built, whatever oammercial activities other than sports that would go in conjunction with the Stadium would pay taxes to the City of Miami., like it normally would otherwise. Mr. Mayor, it's been some time now since this Cutr- mission made it very clear what we expected in return for our Orange Bowl and our Baseball Stadium which are probably worth anywhere between $35,000,000 and $40,000,000. Mr. Mayor, I'm very concerned that Dade County apparently feels that we are bluffing. We are not bluffing, Mr. Mayor, I think that every menber of this Cannission feels as I do that our main responsibility lies with the citizens of Miami. We are a City that has an annual budget of under $150,000,000, while Dade County has a budget of over $1,000,000,000. The Orange Bowl and the Baseball Stadium are two of our most valuable assets. Mr. Mayor, I think we have to send a message to Dade County, the days that Manhattan was bought fxtM*the Indians for $24 in beads are long gone, that either they are going to deal with us as equals or they better find a new game. Mr. Mayor, before I proceed with the motion that I would like to make, I would like to open it up for other members of this Commission to express any further views they might have. Mr. Dawkins: Mr. Mayor, I'd like to put on the record, that and I hope I speak for the Commission when I say this, if I don't then someone up here I hope would correct me, this Canmission has no problems with Mr. Masvidal and the fact that the media constantly says this is in error. Some state- ments were made after the election as to the removal of individuals in certain key spots but after the election the Mayor spoke to me and he said that he had no problems with Mr. Masvidal but he too shared the concerns that we had in that instead of being an equal to Dade County we are treated as a step child. It is not Mr. Masvidal we are interested in, it's our having the ability to choose wham this Ccmmission has confidence in and feels that that individual is working for the betterment of the City of Miami and if I'm not speaking for the Commission or anyone has anything different I'd like to hear it. Mr. Plummer: Well, let me try and clear up a few points. The problem, Miller, is the fact that the Legislature in their infinite wisdom made the responsibi- lity of the 2% resort tax rest in the hands of Metropolitan Dade County. And Metropolitan Dade County has, in fact, taken an attitude that it is their money and they will allocate, disburse those monies as they see fit and that they will in fact retain control of who sits on what Boards. They did not spell out as they did with the Unbrella of the TDC that there would be certain members or certain positions..I can only tell you -and this is my opinion- I fought long and hard as well as did Mr. Masvidal, the first point getting the word "Miami" into the organization; -no way, no way. The other points and I'm trying to recall Joe, let me dispell one that was very clear. Joe, there will be no revenues from this domed stadium. Mayor Ferre: You are talking about taxes. Mr. Plummer: I understand what I'm talking about. one of the things that has been overlooked directl Mayor Ferre: That includes interest. y Mr. Plummer: No, it does not, that's the point. That includes interest on construction money only. Nobody wants to talk about that the reality of this total project is $750,000,000.. Mayor Ferre: Over a 20-year period. Mr. Plummer: A 29-year mortgage, Mr. Mayor, there will be $510,000,000 of interest paid on that money, that's debt service. It is projected at this time unless same other places are made for revenues; that if the facility as proposed is built, it will have a $12,000,000 subsidy a year to break even. Now, Do you want to }mow why Mr. Robbie maybe is not too happy with the Buena Vista site and is now suddenly falling back in live with the Orange Bowl? I'll tell you why, he finally saw the figures that the projected revenues 12 Mr. Plummer (cont'd): for the new stadium, right off the bat, doubles his rent. He no longer will pay $45,000 a game as advocated, he will pay $100,000 a game. Mayor Ferre: That's if he is lucky. Mr. Plummer: He will not have the peanut cracker jack and beer concession. That will go back into revenues to the Sports Authority. That's called re - falling in love. Mayor Ferre: Second time around. Mr. Plummer: I'm trying to remanbe.r, you refresh my memory and I will try the other points. Mr. Carollo:* Equal representation. Joe, some of the other points. Would to give you my opinion with sane of Mr. Plummer: All right, let me make a point to you there. The Sports Authori- ty for months tried to get Broward County to, in fact, cane with us, use sane of your resort money Broward County ... do you wanted it near you?, fine. It is ironic that they are offering to Broward County equal representation if they cane in, and Broward County has said up to this point they are not going to use their bed -tax money. Now, when they indicate equal representation, as I under- stand it, there are 7 manbers in the Authority Broward County will name seven of theirs. Now, that's strictly in the talking session at this point. Mr. Carollo: Excuse me for a second, J.L., they are dealing with people that from what I've been reading might not be around too long in that Commission. Mayor Ferre: One of them has already said he wouldn't run today. Mr. Plummer: Joe, if they are not there there will be others, I'm sure. But I'm just trying to answer the points that you are making because I think that most of then have been addressed. Other than that, I just try to clarify some points for you. Mr. Carollo: No, what I meant to say was that whatever caTmitments or arrange- ments they might have with the present Ccamission before the year is over might be a different story with a new Commission over there. Mayor Ferre: Any other statements frcm any other maTbers of the Cannission? Mr. Perez: Mayor, during the past few weeks, we have read the different media reports and the controversial report on this issue. I don't this is a personal matter but I think that we have to preserve the future or the identity of our City of Miami in this issue. I believe that it is very important to preserve the name of the City in any program for the future Sports Authority. I share what we have discussed here and I believe that we have to discuss on an equal basis with the Dade County ... we have to preserve the name of Miami in the future and we have to be strong on this issue with an equal representation opportunity and a strong minority participation also. Mayor Ferre: Miller do you want to add anything else? Dir. Dawkins: No, thanks. Mayor Ferre: Well, let me just make these oaminents. In the first place, let me explain my position. Let me see if I can get into the logic of all of this These people, the Sports Authority, have donw in my opinion, have done a mag- nifio nt job in a very short period of time. They've put a lot of effort in, a lot of work, a lot of travel...Now, they have concluded tha: they would like to put this arena in the F.E.C. property. Now, that, of course, means...and we will be talking about the F.E.C. in a munent, that it really should require the good will of the F.E.C. Railroad. If it does not have the good will of the F.E.C. Railroad, Mr. Frates can predict to you from personal experience that it will take then 5 to 10 years to take the property. The last time we went throught this process...I might remind you that we started in 1971 and we still have not finished. Now, that doesn't mean that we won't be able to do it a little bit quicker. I might point out that the City of Miami fast tracked the acquiring of the F.E.C. property on the bay by doing a quick -take who nobody in his right mind would do, and of eours, since we are continually 13 C accused of not being in our right minds we were the only ones that had the courage to do something like that and that's the only reason we are going to end up with this property, otherwise, we wouldn't have ended up with this property. No matter how good our attorneys, they were magnificent, or how good our cause, or how much the Chamber of Ca merce wanted it or didn't want it. Now, the F.E.C. has, since they have experience in these things, has very carefully gone around docuTenting all the things they are going to do with their wonderful property and, which I'm sure, puts thL n in very good posture for their lawsuit since they have already been talking to lenders and they spent money in drawings and they talked to developers and they are kind of.. in place. Now, Plummer has pointed out that the expenditure is $210,000,000. Now, I want to remind you that it changes every month. Las month it was $96,000,000, then they said -no, it wasn't ninety six, it was ninety six but now it is up to $117,000,000. however, it did not take into account the soft - costs, it did not take into account land costs, it did not take into account the interest expense during the construction if we were to borrow the full amount, and when you put all those things together minus the land cost you are up to over $200,000,000. Now, the debt service, evidently, as Plummer pointed out, is something like $12,000,000 a year. Mr. Plummer: No, sir, no, no, no. Excuse me,.. well, wait a minute... Mayor Ferre: $12,000,000 is what I saw in the paper that's what Rick Horrow said the other day. Mr. Plummer: $12,000,000 times...well, I can tell you the figure. It's $510,000,000 as debt service. Mayor Ferre: All right. The repayment of the debt if this is a bonded.... a self-liquidating bonding issue is $12,000,000 a year, so they figure out how do you come up with $12,000,000? Joe Robbie is not coming up with $12,000,000, Ronnie Fine and the baseball team isn't going to cane up with $12,000,000. Who canes up with the money to pay? Metropolitan Dade County? They don't want to go to the taxpayers and the amount of money that we receive from the tourists bed tax allocated to that is in the vicinity of ... what? a couple of million dollars, so we are $10,000,000 short. well, naw they are going to sell 200 sky boxes, that's a wonderful idea, we'll raise $40,000,000 to $50,000,000 which will reduce the $210,000,000 by $50,000,000. The City of Miami is going to contribute the Orange Bowl and the other property and that's $30,000,000 -and that will reduce it another $30,000,000. They are trying to find ways to reduce the debt repayment. Now, they still can't make it, they are still $7,000,000 to $8,000,000 short. Who is going to cone up with the $7,000,000 to $8,000,000 shortgage? Well, now of a sudden they came up with a great idea. The idea was, well, we'll do it like New Jersey, that's a great idea. New Jersey has one of the best sports facilities in America because they took something called meadowlands, which is a race track, and they take the money that they make in gambling and they spread it around and that's how they maintain their football and baseball stadiums; but, since we can't -we don't have that ... w-et they did was they said, -let's bring Jai -Alai and let's bring the dogs over. We'll use the dogs in,Jai-Alai)and we'll use the gambling to fund the difference. The problem +s that to do that you've got to go to the Legislature. Now, I ask you, honestly, with Dempsey Barron et al., sitting in Tallahassee and reigning -which is what they do- do you think that it's probable —well, I'll go further, do you think it is possible, because it goes beyond probability, is it possible in the wildest dream to think that Dempsey Barron and the other members of the Legislature would give up $12,000,000 of income to the State fmn paramutual betting by releasing -which is what their request is going to be- by releasing the $12,000,000 a year made on the dogs and in Jai -Alai so that this eatrwdty will have the ability to use it? Now, what complicates it even further than that is that, all of the sudden, here comes Mr. Thornton, who is the President of the F.E.C. Railroad and he says -on moral grounds, and on practical grounds, I will have nothing to do with any gambling on any of our properties. Now, given that as a reality that means that the Sports Authority now has to go acquire another piece of property other than the F.E.C. to put up a dog track and a Jai -Alai and all this ... Now, when you start counting up the "if's" that are involved in that whole processpand when you realize that they are talking about 20 acres out of the 56 ewe already have 37 acres at the Orange Bowl- we, the City of Miami, today, have 37 acres, the F.E.C. is going to give the Sports Authority 20 acres, that's 17 acres less 14 Jr. 1V A. J .1. 4 2 than they have now with our Stadium. In addition to that, they want $200,000,000 to be expended, 10,000 parking spaces to be built, this and that and on, and on, and on, and you begin to realize that this is mighty high dreaming. Now, in addition, when you start. adding that Joe Robbie does not want to go to the F.E.C. property and told me on the phone yesterday that the Miami Dolphins would not sign a contract to play in that stadium, then you MW really begin to see the tremendous ramifications and complexities of what we are up against. Now, comes Broward County. Broward County wants in. Now, gentlemen of the Commission I just want to you to understand what we are dealing with, and I said this to the Authority the other day, if Broward County canes up and matches the City of Miami..we are saying, we are willing to give you $30,000,000 to $35,000,000 worth of property. Now, if Broward County were to cane up and say and say -Dade, here is $30,000,000 to $35,000,000, one way or the other, in property, in in -kind, promise to pay, and all that, I would understand that Dade County would be tempted, as a matter of fact, I.Would recammend strongly that they take the money and that they form a regional Sports Authority and that they proceed with building whatever needs to be built. Now, the probability, -again, the possibility of that. happening..do you really believe ... this morning on the radio driving here one of the main Ccm issioners in Broward County said that he would not run for office, for re-election, that he could see the handwriting on the wall well, let me tell you what the handwriting on the wall is, the handwriting on the wall is that the people of Broward County do not want to pay any more taxes; and I want to tell you that I fired it highly improbably, if not unlikely, that the Broward County Commission caning up for re-election, this year have any chance fo coming up with anything near like the value of the Orange Bowl or the Baseball Stadium. If they do, God bless them and I think Dade County ought to take them up on it. So, when you cane back to the reality of it I think that the Orange Bowl may not be as bad as a lot of people have been thinking and I think that we should have a little bit of patience because if we wait this thing out, in my opinion, there are not going to be that many games in town and I think we better be well advised as to how we proceed. Now, I think what Commissioner Carollo is saying is very appropriate and I commend him for it and I subscribe to it one hundred percent. I think it would be wise for us to perhaps put sane kind of a reasonable, reasonable, time — limit on it. I don't think that this is something that we ought to be jerk the rug off from under them today but I think we certainly should say, since they are talking in terms of caning to conclusions within 60 days or what have you, that sanewhere uithing the next 60 days, somehow, we also need to _ have an ans%%er, because if indeed they can get paramutual betting funds of $12,000,000 a year, as I told the Authority the other day, what do you need the Orange Bowl for? If you can get $12,000,000 a year of funds you can do evexytdng you want on your own, you don't need anybody and I'm sure you are not going to have the City of Miami as part of your Authority. God bless you, go to it, get your funds, build your stadium. If, on the other hand, they are not able to do that, I think that the Orange Bowl property is a lot more valuable and a lot more important that a lot of people are giving it credit for. And therefore, I think that we need to rethink this. Now, I saw in the news- peper Commissioner Carollo's statement that perhaps we should create our own Sports Authority. Well, let me just say that, in my opinion, we should be more generous to the County that the County has been to us and that perhaps what we'll do is we will create a Miami Sports Authority and let the County have more thatn the three seats that we have and perhaps we can talk about what to do with the Orange Bowl property and I think that if they contribute a like amount -by that I mean something that is in the vicinity of $30,000,000 or whatever the appraised value is of the Orange Bowl, I have absolutely no doubt that we can build a reasonable football stadium at low cost, non dome, and non air conditioned but out in the open, sunshine football stadium that - perhaps later on could be expanded with additional expenditure into baseball and that we would be able to close off about 3 streets and that with the closing off of 3 streets and the consolidation of about 40 or 50 small parcels of property that we would have to acquire, that we would have well over 45 or close to.50 acres of land which we could solve the parking problem, Mr. Robbie could have this tailgating parties and we would get on with solving the — problems that have been nagging this ecaimunity for this past decade. But I don't think the timme for crossing that bridge is necessarily here yet and I would think, Joe, that perhaps we should put a time limit to it. somehow. Mr. Carollo: Mr. Mayor, members of this Commission, I don't want anyone accusing this Commission of being unreasonable, number one; and number two, of being the cause for the Dade County Sports Authority to fall on their face. I think that, in the long run, if we have learned anything from the Rapid 15 t r Transit promises, Dade County would do a good job on their own, they don't need our help on it. I want to be gracious, Mr. Mayor, I don't want to go .into other areas. I think that this City can very well,and very effectively, have its own Sports Authority and one that would really succeed. It's not going to take that much additional new land to be acquired around the Orange Bowl for this City to be able to go in there and construct a new stadium. We could probably do that with sattewhere in the neighborhood of $60,000,000. I think that those are figures that this City can handle. Then once the new stadium is built then we can go in tear down the and then have ad- ditional space for parking, tailgate parties, what have you. I think it's also reasonable to say that if at sane time in the future this City has an opportunity to acquire a baseball franchise,that then Aor a minimum amount of money,we could add baseball facilities to our new stadium. As far as the dome ... well,. if we lived up in'Chicago, New York, I would say, yes, I would like to seea. dome, but we are living here,in South Florida, the only sub- tropical climate in the whole country, I don't really think we need a dame here. In fact, the owner of our football team has stated right out, he doesn't want a dame. So, I think that if this City decides to look at the possibility of starting its own Sports Authority and the possibilities of constructing a new stadium in the present Orange Bowl site, that we could construct a new stadium without a dame for somewhere in the figure of $60,000,000, maybe a little more, but a figure that this City can handle. Mr. Mayor, the motion that I would like to make at this point is the follow- ing, and I'm going to include in this motion, Mr. Mayor, a deadline that I think will be reasonable, and that's going to be, Mr. Mayor, the deadline of P9arch llth. It's going to give the County approximately two months to decide where they want to go. Mr. Mayor, the motion that I am going to make is the following: that our City Manager personally,present to the Dade County Commission and the Dade County Manager the City of Miami's five demands in order for us to participate in the Sports Authority and in order for us to be willing to turn the Orange Bowl and the Baseball Stadium over to the Sports Authority. These five conditions are the following: 1. That the new Stadium be constructed inside the City of Miami; 2. That the name "Miami" be included in the new Stadium's name; 3. That the City of Miami be given equal representation in the Sports Authority; 4. That the City of Miami have complete control and authority in whaat- ever it places or replaces on that Board, in our appointments; and 5. That whatever additional commercial activity is placed in the new Stadium that has nothing to do with the Stadium activities themselves, for for instance, the Buena Vista site, whether the Sports Authority vanes to an agreement with the raiiroad people or not, they are going to go ahead and build hotels, build office spaces there, it's only fair that the City of Miami be reimbursed in the form of taxes on their property, I don't think it's fair whatsoever for then to get an exemption on commercial property that they are going to have there. So the fifth demand that we are going to place is that taxes be paid on omu ercial activity there. I think that if we give the Dade County Commission a deadline of March llth to either give us a positive reply or, if not, a negative, that that will be a suf- ficient enough time for us to be able to proceed with additional plans. Included in my motion, Mr. Mayor, members of the Commission, I would like to add that if Dade County either does not agree with these five points or does not give us a reply that then, automatically, we withdraw from the Sports Authority begin- ning March 12th, the day after. Mayor Ferre: Is there a second to that motion? Mr. Perez: I second the motion. Mayor Ferre: All right, under discussion. J.L., Dick Horrow had very well delineated -and there are more than five points- there is a letter in there and I just want to make sure that we haven't missed anything, I want to make sure that we've covered it all. Do you have that mete that he wrote? Mr. Plummer: I've got it, sir, I'm trying to find it here. Mayor Ferre: It's towards the end of the Report. Here it is, here it is, it says as follows. He has..seven, eight —eight items. 1) The facilities will be located in Miami -you've covered that; 2) The word "Mim-d" must appear !6 ml - you've got that. 3) Miami should be granted equal representation, you've got that. 4) Dade County Ccarmission should have no approval over the City of Miami Sports Authority appointments, you've got that. 5) If a new faci- lity does not materialize the orange Bcwl...oh, here is cne that's missing. -it a new facility does not materialize, the Orange Bowl and/or the Miami Stadium properties or its equivalent should revert to the City of Miami, in other words.... Mr. Carollo: Well, I think that would be clear enough in the motion that we are making, Mr. Mayor, but just to clarify it even more, we can include that in the motion. Mayor Ferre: okay. In other words, ti_at if turn over the property and then a year later something happens in the financing and they don't build the pro- perty, that they don't end up Frith tYe property, that it revert back to us. 7) If ad valorem tax revenues are recuired to help finance the facility, the City of Miami would reserve the right. to reconsider this decision. In other words, if we are going to use tax money, then we may want to revisit this whole question. Is that acceptable to you? Kr. uarollo: That's reasatable, 1•;r. rJayor, carcair,ily. Mayor Ferre: Arid 8) The City of Miami should receive tax revenue from the commercial activity, and you have covered that. Mr. Carollo: I covered that. Mayor Ferre: Well, those ... the only two additions would then be the questior of ad valorem taxes and secondly, the question of the proper ty revertii,y 1aaa to the City, or an equal amount of money, if they end up with title to the pro- perty and don't proceed with building the project. �:r Carollo: I think new we have covered just about every area, Mr. Mayor, of importance to the City. If they would agree to this, Mr. Mayor, then we could proceed in truly dealing with then. Mayor Ferre: Any further discussion on the motion? Mr. Plum;er. Well, Mr. Mayor, you know I will have to vote against the motion, let me tell you why. There is a deadline already set. That deadline was set for April of next year and that deadline very clearly states that if the City of Miami by that time does not turn over the Orange Bowl and the Baseball Stadium that it will lose its representation which,in effect fis the same as the motion, we are going to withdraw. I am a firm believer that if you close the doors of communication you will never get anything acoomplished. I think that the Sports Authority,as well as the Dade County Cawdssion,is well aware, it has been re- iterated many, many times, of the feelings of this commission, and I don't dis- agree with all of those feelings, as a matter of fact I adhere to most of them, but I am concerned by this motion with the deadline of March llth, that if they don't acquiesce to all of these positions,we are going to withdraw and create in effect a competitive Sports Authority. I think, Mr. Mayor, that we should keep every door open, keep every line of oanminication open. Many of the points -and I am not going to try to sit here and try to reiterate all of then. As you said, there are so many "if's", you know, that I think that we've got to be a part of those "if's" ifin fact this thing is going to work, and I'm not sure that it is. Maybe it is a wislist. Mr. Mayor, I don't want in any way to put an ultimatum down that would close off cammunications with the Metro Commission. Mayor Ferre: Further comments? If not, call the roll on the motion. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION No. 82-2 A MOTION DIRD 1% THE CITY MANAGER TO L►4MMIATELY PRESENT THE CITY COMMISSION'S POSITION AS HE DZELOW DEL NF'.= To THE DADE COUNTY MIAGER FOR TRANSMITTAL TO THE INIE MPOLITAN DADE COMM C014-ZISSION IN CCNNEC'TICN WITH THE CITY' S DF.!WNDS RELATING TO THE CONSTRUCTION OF A NEW STADIUM BASED UPON THE PREMISE THAT THE CITY OF MIR41 WOULD TURN OVER THE PROPERTIES (over) 17 # i� ! OF THE ORANGE BOWL STADIUM AMID THE MIAM BASEBALL STADIUM TO ME7TRIOPOLITAN DADE COUNTY. CONDITIONS ARE AS FOLLOWS: 1. THAT THE NEW STADIUM BE CONSTRUCM WITRM THE CITY OF MIAMI LIMITS; 2. THAT Z E NAME "MTAMI" BE INCLUDED IN THE NAME OF THE NEW STADIUM; 3. THAT THE CITY OF MIAMI HAVE EQUAL REPRESENTATION IN - THE SPORTS AUTHORITY BOARD; 4. THAT THE CITY OF MIAMI HAVE CCMPLETE CONTROL OVER ITS APPOINTMENT'S AND/OR REPLAC22,ET S TO THE SPORTS AUTHORITY BOARD; _- 5. THAT WHATEVER ADDITIONAL COb 4ERCIAL ACTIVITIES ARE TO BE CONDUCTED THEREIN IN CO'ECTION WITH THE NEW STADIUM =- THAT THE CITY CF 24IP"7I BE RERML]RSED IN THE FORT OT - ` ' : AND 6•. THAT IF AD VALOREM TAX MON=S WMM EVER REWIRW IV tires FINANCE THE FACILITY, THAT THE CITY WOkW RESERVE THE RIGHT TO RECONSIDER THIS DECISION; FUR STIPULATING THAT A REPLY TO THE AFORESAID CONDITIONS MUST BE RECEIVED BY THE CITY COMMISSICN NO LATER THAN MARUT 11, 1982; FURTHER STIPULATING THAT IF NO REPLY IS RECEIVED FROM METROPOLITAN DADE CO[JMt THAT THE CITY OF MIAMI WILL WITHDRAW FROM THE EXISTING SPORTS AUTHORITY BOARD; AND, FINALLY, STIPU- LATING THAT, IN THE EVENT AGREEMENT IS READ M AND THE ORANGE BOWL AND THE MIAMI BASEBALL STADIUM PROPERTIES ARE INDEED TRANSFERRED TO THE SPORTS AUTHORI- TY, AND, IF CCNSTKVrION OF SUCH PM= HAS NOT BEGUN WITHIN ONE YEAR FROM THE DATE OF THE TRANSFER, THE AFORESAID PROPERTIES SHAD REVERT BACK TO THE CITY OF MIAMI. Upon being seconded by Ccnmissioner Perez, the motion was passed and adopted by the following vote: AYES: Cam issioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: C.cYrmissioner J. L. Plunyer, Jr. ABSENT: None. 19 ON ROLL CALL: Mayor Ferret Let me... I think I need to explain my vote before I vote. This is a very, very serious matter, but Mr. Manager, I would like to point out through you and to the members of the Commission and to the public here, that if I'm not mistaken, the contract with the Dolphins runs out in 1986? Now, that means that as of right now since... if I'm not mistaken, we are in 1982, we have got four years left. Now, if we don't have four years, because if we are going to have a stadium ready by 1984 or shortly thereafter we need to move fairly quickly. Now, I think it is time for Mr. Robbie to stop fooling around and come down to the reality of the world. He is not going to get all of the things that he wants and if we had followed Mel Reese's recommendation ten years ago, we could have had a super facility built for sixteen million dollars right there at the Orange Bowl with fifty thousand chair back seats, elevators, escalators, four thousand parking, streets closed off, the whole thing that we.are going to come back talking about. Now, I think this community, may be it's because we are a young community and an unexperienced community, have a tendency... we seem to have a propensity of wanting to go into death wishes all the time and secondly, when we don't go into death wishes and everything is negative, destructive criticism, bad, bad, bad and we are always fighting ourselves and fighting each other, we end up over dreaming in things that just are way beyond the reality of what we can achieve. I'm Joel, that John McMullin will be very happy that you have agreed with him. And I think that, that must mean something when Carollo and Ferre end up agreeing with John McMullin that perhaps we better start thinking about building our coliseum and just a non -dome football stadium and get on with it. Mr. Carollo: Well, Maurice, as long as we don't become partners with him like McMullin did with Steve Ross and Dick Knight, I think we will be alright. Mayor Ferret I will therefore, for those reasons, because I think time is of the essence, vote "yes" with the motion. 3(b) . BRIEF DISCUSSION - SUPER BOWL -85. Mr. Plummer: Mr. Mayor, let me bring to your attention and the other Commissioners something that I voiced very loudly the other day. If Super Bowl is to be brought to Miami, I think that they are looking towards 1985, if I'm not mistaken, which is in the next proposal that will be made. The Sports Authority on their own has formed a Committee in which they will make the presentation for Super Bowl 1985. I think there are some twenty to twenty-five members of that Committee, Super Bowl Committee and if I'm not mistaken in 1985 regardless of what happens, that would be played in the Orange Bowl, because the new facility would not be ready. There is only one delegate from the City of Miami on that Committee who is now retired, Mr. Bob Jennings. Mayor Ferret That's unreal. Mr. Plummer: I have expressed in no uncertain terms for their own safety, since the NFL will only deal with the owners of the stadium, that they should give some consideration to the City of Miami. Mayor Ferret That's hysterical. Mr. Plummer: Mr. Masvidal asked through me to you realizing that situation, that you immediately appoint three or more members from the City to that Committee. Mayor Ferret That's not acceptable, Mr. Plummer and... Mr. Plummer: Alright, sir, well, whatever is acceptable I'm saying to you, I want to bring that problem to your attention, because as we all know landing Super Bowl is worth approximately fifty million dollars to this community and I don't want that thing goofed up. Mayor Ferret Look in the past... let go over the history of this thing. In the past, since you have been more of a participant than anybody else in past attempts to get the Super Bowl, before I was Mayor, Steve Clark and Dave Kennedy would always lead the delegation and that the Mayor of Miami would appoint a Committee of two or three people, it was usually Lew Price and subsequent to that I always appointed you, Lew Price and I forget who else, Jessie Weiss and there is about three or four of you that have gone to Hawaii, to California, to Detroit or what have you. Mr. Plummer: And very successfully, we brought it home three times. 19 Mayor Ferre: Three times, that's right. Now, in the last couple of years I have been appointing more and more of the County people. Steve Clark has gone and so on... Mr. Plummer: Steve has always gone, Mr. Mayor. Mayor Ferre: Now, I have no objections to continuing that pattern and increasing the County's participation, but as long as this thing is up in the air and as long as we don't have a resolution on where the stadium is going to be and how it's going to be built and when it's going to be built. It is my opinion that this is a responsibility of the City of Miami and I am not willing to in anyway abrogate that responsibility until, indeed, these people have come to a conclusion about building a new stadium. Now, we don't have to have a new stadium built, but until they stop dilly dallying and going around in a circle and we know that a stadium is going to be built, then I don't thing the City of Miami should in anyway abdicate its role or its responsibility since we are the owners of that Orange Bowl and we do have not only a proprietary interest, but a fiduciary responsibility to the people who use that stadium. And I therefore, think, since the National Football League has as one of its tenants that it deals with the owner of the property and since we are the owner of the property, then I think that we must maintain our posture now that the Sports Authority is a participant is, of course, obvious and I certainly would have no intentions of slighting them. As a matter of fact, I would like to use them as the main vehicle for our approach to the National Football League, but certainly, I think that the City of Miami must retain its position. Mr. Plummer: Well, Mr. Mayor, just to clarify it. The NFL will only deal with that organization, municipality that can give them their five year guarantee of rates and the contract which is still in existence with the City of Miami. The Sports Authority cannot give them that guarantee. Mayor Ferre: That's my point precisely. Mr. Plummer: So, all I'm doing is bring this to your attention. I do feel, Mr. Mayor, that this is coming down, it usually comes down in June. This takes anywhere... a good Committee is going to have spend at least six months putting that package together. I have worked on that Committee many, many times. And I'm bringing it to your attention, Mr. Mayor, you do what you want as far as the City is concerned, but at this point from everything that I have read and seen the City is being completely circumvented in that presentation. Mayor Ferre: Not so. That will not be the case. And I think I will by next month come up with a list of people that should serve on that Committee and we will so inform the National Football League and we will proceed accordingly. I obviously, will take into account the Sports Authority. Ok, is there anything else? Mr. Plummer: Yes, may I bring up one other point, Mr. Mayor? And this is probably going to be a very sore subject, but I got to bring it up. Mayor Ferre: J. L., if it's controversial... 3(c). DISCUSSION OF BEER IN THE ORANGE BOWL. Mr. Plummer: It's not going to be controversial, it's going to be a request. Mr. Mayor, I went to the Orange Bowl game and I want to tell you as one who was an advocate of beer in the Orange Bowl, I have had some damn serious second thoughts. Mr. Mayor, I think that Mr. Gary must immediately report back to this Commission or undergo an investigation where I sat in that Orange Bowl, unfortunately, there were people who came to that Orange Bowl inebriated. Mayor Ferre: Does that mean drunk? Mr. Plummer: Mr. Mayor, inebriated means that they are under the influence of something and it wasn't his wife. Mr. Gary, I will tell you what I observed. I observed clear cut, minors drinking beer in the Orange Bowl. As I said once before, the venders in the stands cannot be policemen. These vendors when the man says send four beers, doesn't and cannot ascertain that those beers are going to adults. That vendor cannot and should not be placed in a position of a determination of whether the person receiving that alcoholic beverage is already intoxicated and the law says you can--- Good morning, Mr. Robbie ---you cannot serve a person under the influence out more alcohol. Mr. Gary, the third point I want to make. Unfortunately, or maybe it was directly, every vendor who was dispensing from cans stood in front of me. It is so much different between the 20 ' C 7 r e two venders. one which comes already in the whole twenty-four or whatever he has got in If he has to stand there and pour from a can time. cup poured. He can dispense the that in two minutes and he is gone. to a cup it takes a long period of Mayor Ferre: All these vendors were in front of you? Mr. Plummer: Mr. Mayor, I don't think there were any others, but I... Mayor Ferre: Were they City of Miami voters? Mr. Plummer: I will tell you the man who was dispensing mostly in front of me was not a voter, because he was not eighteen years of age and he was in an under shirt, representative. Mr. Gary, I think this whole matter of beer in the Orange -Bowl has got to be revisited. I think we have got to tighten down. There has got to be some way that this City can be assured that those alcoholic beverages, number one, are not going to minors. And number two, that those alcoholic beverages are not going to people who are already inebriated. I am almost to the point of seriously considering that alcoholic beverages not be hawked in the stands, that they must get up and go down to the dispensing stations. That would slow it down. All I'm asking, Mr. Mayor, is that the entire situation of beer... alcohol in the Orange Bowl be revisited and that the Manager come back to us at the next meeting with a recommendation and a full report. Mayor Ferre: Alright, Mr. Manager, without, I hope, any further discussion we can get on. Mr. Carollo: Mr. Mayor, I would just hope that whatever recommendation the Manager comes back with, that Mr. Robbie is consulted, because I don't want to get in the middle of another war. Mr. Plummer: Joe, I don't have any disagreement. I cannot hold Mr. Robbie personally responsible for those individual hawkers in the stands, but I do think it needs tightening. 4. DISCUSSION ITEM: F.E.C. PROPERTY ON MIAMI BAYFRONT Authorize payment to Frates Law Firm Direct City Manager to take possession of proper and install grass, bill railroad for r.o.w. etc. Mayor Ferre: Now, I had promised Marty Fine and Bill Frates and the people from the Chamber, Dave Weaver and Judge Floyd and the others that are here on this F.E.C. matter that we would hear this at 10:00, because they have some other clients and things that they have got to get back to. So, I would... you have received, unfortunately, this morning and I received last night because Mr. Frates came to talk to me and said that his office had personally hand delivered this letter to each Commissioner's Office two days ago. I could not find a copy of mine, but there is a letter of January llth, that relates to current status of the F.E.C. Property and the legal posture that we are in, where we are at and a request payment to the law firm of Floyd, Pierson, Steward, Richmond, , Wheel and so on and to William Frates, Esq. a sum of two hundred and then a fifty thousand dollars respectively. Now, to remind you, I was the one, who at the last meeting--- this was on the agenda--- requested, number one, that we be brought up to date as to where we stood and it's very, very technical and complicated, serious and involved legal matter. And secondly, that Mr. Frates or one of his associates be here to answer any questions and explain verbally if needed or elaborate if needed as to the questions. Now, perhaps the way to go about this is to recognize the City Attorney, Mr. Knox, to introduce the subject and then perhaps Mr. Frates, would want to speak on it. I understand that there is a delegation here from the Chamber who also wishes to address this issue and I will recognize them after Mr. Frates has spoken. 21 A t i Mr. Knox: Mr. Mayor and members of the Commission, at the last meeting you considered a request along with a recommendation from the Law Department respecting Mr. Frates fees for his legal services in connection with the condemnation of the F.E.C. Property. Mr. Frates has agreed and is present and has also communicated with the Commission by a letter which I think that it would be appropriate for him to highlight for the benefit of members of the Commission and the public relative to our current posture in the condemnation process and I would ask Mr. Frates to please do so at this time. Mr. Dawkins: Go right ahead, sir. Mayor Ferre: Yes, sir. Mr. Willian Frates: Mr. Mayor and members of the Commission, we have a rather lengthy letter here that we worked on at some length trying to reduce it to understandable... Unfortunately, it's seven pages. It's very difficult to pick out any one particular item in tracking, one, the status of this matter without covering the entire thing. The latter part of it is our attempt to give you some evaluation of our services. In the last resolution prepared by the City Attorney, he approved our fee for those services rendered. I'm sorry that this was sent to each Commissioner individually. It was delivered to the receptionist here two days ago and supposedly was taken to each Commissioner, including the Mayor. Apparently there is some confusion on that. I think the underline factor in the status of it that the F.E.C. Property, P & 0 docks is now owned by the City of Miami or Miami. I can go both ways Commissioner Plummer. (BACKGROUND COMMEND OFF THE PUBLIC RECORD) Mr. Frates: Anyway, the only restriction on that is that under an I.C.C. ruling and a Federal Court ruling and an appeal that's in the Federal Court, we cannot interfere with the tract, a single tract or the operation of the docks, but other than that, the City can do anything it wants to with that 32.3 acres. Pave it, build a building on it, do anything that you want. I don't know how to express and it's a little embarrassing, but in my opinion the people that worked on this case, including my old law firm have won this lawsuit because of... and then.... because of the quick take in our proceedings, in the way we moved it and the fact that it was our innovative procedure that made seven million one hundred thousand dollars interest available to this and without the quick take and without the interest the City would not have that piece of property which you paid 16. something for, square foot and as you saw in the paper the other day Brickell Avenue sold for a hundred fifty a square foot and certainly the property that we are talking about... I'm sure most of you have your own evaluation of it, but it's certainly somewhere between seventy-five and a hundred dollars a square foot. This is a tremendous bargain. Frankly, we think it's one of the outstanding condemnation suits that's been handled, if I may immodestly say that. And as an old time resident of this community and I know how many people in this area have fought to make this a contiguous park, the gateway to Miami. We think that years will tell that this was one or the best things that ever happen to this City, not only for ourselves, but for our children and our grandchildren. Now, I would be glad to answer any questions. Mayor Ferre: Alright, any questions from members of the Commission from Mr. Frates? If not, I will recognize the Chamber. I don't know who is going to talk for the Chamber. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Dan Paul: Mr. Mayor and members of the Commission, my name is Dan Paul. I am the Chairman of the Subcommittee of the Biscayne Boulevard, Bayfront Park, Bicentennial Park Subcommittee of the Downtown Action Committee of the Miami - Dade Chamber of Commerce and I'm here today to urge you to please take possession of the property which you are entitled to take possession of and begin to put it to a City use. There are all kinds of available uses for that particular piece of property. Mayor Ferre: That's what we are afraid of. Mr. Paul: That's right. Secondly, as Mr. Frates, said the whole success of this lawsuit was grounded in the fact that the Commission decided and took the bull by the horns and decided to go by the quick take method. If you had file this suit the way you originally filed it and not used the quick take method, Mr. Frates J t e would not have been as successful and you would not have title to this piece of — property today. Mayor Ferre: There was never any thought, Dan, of doing it other than in a quick take method. Mr. Paul: No, you filed your original suit which you lost before you hired Mr. Frates under the other method. You didn't use the quick take. Isn't that correct, Bill? You filed the other suit... you filed a non -quick take suit and you lost that case. That was when John Lloyd was your City Attorney. Mayor Ferre: I don't remember exactly what the time of, but I remember we had a real heated debate here and I forget... J. L., I think you voted with the Majority. There was a three... Mr. Plummer: .I voted against quick take. i Mayor Ferre: There was a three -two vote. Ok, I thought you had voted with it, but there was a three -two vote on the quick take... Mr. Paul: But that was after you had lost the first suit. Mr. Plummer: That's correct. Mr. Paul: Right. So, what I'm urging you to do is to follow through with that quick take principle and in my opinion, you will bring the F.E.C. around when you go in there instead of just posting that little silly sign that you have up on the front that this is City of Miami property. Go in and actually take possession. Secondly, demand and collect from the piece of property that you still can't actually, physically put in your possession, which is the Spur Tract and the Seaport Property rent from the F.E.C. at an rate based on what you have paid for this particular piece of property and what its value is. The F.E.C. is thumbing its nose at you. They are not paying you one nickel for that piece of property. Mayor Ferre: We as I understood got the court order on the 12th day of December, is that correct? Mr. Paul: mr. Frates, will have to tell you what the date of the court order. Mr. Frates: November 12th. Mayor Ferre: On November 12th, ok. Mr. Frates: But Mayor, that was done because of the appeal and substantial amounts interest, millions of dollars of interest involved. So, that's why we didn't get that order before. Mr. Paul: But you are now... and as Mr. Frates tells you in his letter, you now have the legal right to take physical possession of all of the property with the exception of the tract and the actually Seaport operation that goes on around the rim. You certainly have the right to charge the F.E.C. rent for the Seaport rim and the Spur tract and you ought to get that rent and it ought to be at a very stiff and at a very high rate as high as it can possibly be justified. There shouldn't be any sweetheart deal in anyway. The F.E.C. has played hard ball with you all the way along on this piece of property. You should immediately go in take down the chain link fence, let the public use the property, put grass on it if necessary, if that's all the money there is available at this particular time and stop all that storage of materials and that great dust bin that exist out there in that ugly... The place looks like it has mange right. in the heart of Miami. And that's what the Chamber urges you to do. Mayor Ferre: Alright, anything else? Ok, now, we have three subjects before us. Now, one is compensation to the law firm and secondly, your two recommendations. Or,c, that we take possession by doing something with the property and thirdly, that we immediately send a bill to the F.E.C. for the usage of the property. Mr. Plummer: I move all three. Mayor Ferre: Well, let's take them one at a time. There is a motion on the floor, is there a second? 23 Mr. Dawkins: Second. Mayor Ferre: Seconded. Now, under discussion. Let's take them one at a time. Bill, can you come up to the microphone? With regards to the compensation which I think is well justified and well earned. I have no qualms at all. I think you have done a magnificent job and have well earned the money that you have been and you will be paid. I think it's been slow. I don't think that, that end is something that you or your associates are in anyway responsible for. But I think it's one of these things that we have had to deal with and I think this is a great accomplishment. Now, Mr. Knox, how much have we compensated... all totalled, what are the legal services on this property been up to date? Mr. Knox: To date, especially with respect to the quick take and that's the information I.have, you originally authorized a three hundred thousand dollar legal fee for.the purpose of the quick take. Subsequent during the process of those proceedings there were two appeals and there was the I.C.C. matter which have also been handled by Mr. Frates's firm and we believe that... Mayor Ferre: No, no, there is a Washington firm involved in it somewhere. Mr. Frates: An expert in the I.C.C., yes. Mr. Knox: But that was... that firm was under the aegis of Mr. Frates's work and we... our recommendation is that the additional fee which was necessitated by the need for additional legal work is justified and the request is a reasonable one. Mayor Ferre: That's not the question. Mr. Knox: So, that the total, then would be for the taking of the F.E.C. Property to date. The total amount expended for legal fees would be five hundred fifty thousand dollars assuming that you adopt this resolution. Mayor Ferre: I see. In other words, that original three hundred thousand was never modified and there were no further figures added to that? Mr. Knox: That's absolutely correct. And I might add for the record that those funds expired some time ago and Mr. Frates, to my personal knowledge has done substantial work without assigning a fee. Mr. Frates: Mayor, I think it might be interesting for the other members of the Commission to know that the original contract was the quick take. Since 1971 the City had been unsuccessfully litigating, that you had never won anything on it. The contract for the three hundred was for that quick take procedure. Since then there was a suit filed in the Federal Court trying to stop that. There was the I.C.C. filed, those proceedings. There was that appeal that we argued in Atlanta a year ago that we are still waiting for. Then in addition to that there was another lawsuit filed in... after we won all these proceedings, filed in the Federal Court. So, you have additional many other proceedings that were never contemplated in the original contract. Mayor Ferre: Bill, this five hundred fifty thousand or the additional two fifty, does that take us through today or does that take us through the... Mr. Frates: No, sir, we... Mr. Mayor, we have agreed that we would go through with the appeal that's in the Third District Court of Appeal where we are arguing about several million dollars worth of insurance and we feel we have a very strong position. It would carry us through the appeal that's pending in the Circuit Court and it would carry us through the normal procedures to conclude this matter. Mayor Ferre: And does that include the item dealing with Interstate Commerce Commission? Mr. Frates: Yes, unless, Mayor, there was... you had to go for a certificate of abandonment assuming... Mayor Ferre: No, well... No, but that's... Mr. Frates: That's something we don't foresee at this time. J � 1 `z �SuG Mayor Ferre: As I understand, this matter is still pending before the Eleventh Circuit Court of Appeals and that the briefs and everything and the oral arguments and everything was in February of last year. They have had it for a year now. Mr. Frates: For a year. Mayor Ferre: Yes, almost. Mr. Frates: And that's a fundamental issue. If we win that... Mayor Ferre: Then it's all over. Mr. Frates: ... we can go in there tomorrow and take the tracks up and tell them to move their boats. Mayor Ferre: If we lose that, then are we... I would assume that the City has to appeal. Mr. Frates: Well, Mayor, there are three things that can happen. If the... it's now the Eleventh Circuit Federal Court rules that the I.C.C. had no jurisdiction, then we can remove the tracks and the docks, no problem. Mayor Ferre: Fine, that's when we win. Mr. Frates: They can then say they do have authority... the I.C.C. has authority, then we would have to move the City for the certificate of abandonment, which they have assured us they will cooperate with us. Now, whether they will or not, we don't know. They can also refer it to Judge heubler wnere the court is now pending to take testimony on it. Now, absence some real unforeseen developments and that would conclude our work. Now, I can't say that if we got involved in the litigation with Heubler that lasted for a year or two that we would foresee it. But the foreseeable things at the present time this would cover all of those. Now, again, to the other Commissioners, this is not a fee for one lawyer or a group of lawyers. There have been approximately six or seven lawyers, two associates, two paralegals, almost a law firm has been working on this matter. I think... Mr. Dawkins: Mr. Frates, I'm not concerned about who did it. I'm concerned in the product and we won. So, irregardless of how many people were concerned is irrelevant. My primary concern is, that somewhere along the lines there has to be a cap put on the amount of money that it's going to cost the City of Miami to handle this. And I think I heard the Mayor ask how near or how close are we at the end of the financial responsibility to acquire this? Will this be the end of it? Or is this near the end? Or will we have to spend almost this much again? Or is there a possibility or what? Mr. Frates: Commissioner Dawkins, I cannot answer your question. I hope we are close to the end, but I... that might be my optimistic view. No one dreamed that we would be this long. Commissioner Dawkins, one of the things that's outlined in this letter. When we originally deposited the 14.5 million dollars which was the bond issue and again, pardon my immodesty, but it was an innovative thing that our law firm did, we forced the F.E.C. because we had tried the original right to take the property, which is a landmark. decision and then we are going back for the evaluation. We forced them, because we had won that and we are ready to go to put the 14.5 million in the Florida National Bank with the interest coming to the City. Now, I thought it was very bright and innovative, little did I realize that it made the City seven million one hundred thousand dollars. Mr. Dawkins: Ok, one question to our counselor. Mr. Knox, what is the possibility if this does go to another court as an appeal of attempting to get someone who can come in at a... at not a reasonable amount, because in law you get what you pay for, but some kind along the way where we can sort of bring this thing to a cal instead of constantly... as he said, he has got a battery of lawyers, somebody else got another battery, except we can sort of reach some kind of an agreement where we are going to be at the end of a financial cost. No, no. Hold it now. I pay him to answer my financial questions, ok? Mr. Knox: Commissioner Dawkins, it really hard to predict. I can tell you a couple of things about the whole area of eminent domain. Number one, it is tiK so important in terms of public policy that, that along with certain kinds of capital criminal cases is the only thing that bypasses the Court of Appeal and goes directly to the Supreme Court on certain kinds of matters. The second thing is that there... inspite of what appear to be large legal fees there is a reform in the whole area because the legal fees used to be much, much greater for handling condemnation matters. And again, I think that the rates that have been... we have documented the expenditures of time. Mr. — Frates rates has been entirely reasonable and less than the prevailing rate and that's about the most definitive answer that I can give you about that. Mr. Perez: Mr.. Mayor, I would like to ask a question to our legal -advisor. Why didn't we use the service of our Legal Department? I was not on the Commission at that time. Why didn't we use the service of our Legal Department on that matter? Mayor Ferre: Well, perhaps I could help in answering that. In the first place we did use the service of our Legal Department and lost. This was before George Knox was our City Attorney. We lost. Now, in the second place this is such an important matter that it required the assistance of people specialized in two fields. one, real estate condemnation proceedings and two, litigation. These are people that were specialized and there were several law firms, but there was one law firm in particular that had within its legal staff people that excelled in both of those fields and so, that's why this particular law firm was chosen and the results proved that we were right in the selection of this law firm. They really did a very important bit of legal work and I think that there was some water shed decisions that were involved in all this. Mr. Dawkins: Mr. Mayor, may I speak to that also? We have to learn that law is the same as medicine. If you have a corn on your foot, you do not go to the dentist. Therefore, when we as the City Commission are dealing with certain issues it's to our advantage to lean on our legal counselor to go out and obtain the best legal minds that he can in order to try to help the City win this case. And so, I think that's what we did, Mr. Perez. Mayor Ferre: Alright, any further questions on this particular issue? Now, the other two issues that we have deal with the possession question. Mr. Manager, I notice that in the last thirty days or so we after demolishing these buildings out in front went in with some bull dozers, graded and then I think we spread a little bit of top soil, not very much as I saw, but enough to get some grass going and some seeds were spread and now it' beginning to look a little green there. I assume that is not a major expenditure, if you don't go in and tear up the land to put sprinkler systems and the like. So, I think that what we ought to really consider is taking down all of the fencing around the F.E.C. asking them to abandon every bit of that property other than the immediate railroad that they are using now which we are precluded from doing, putting in some bull dozers in there and speading a little bit of top soil and seeding that. Now, we are not in the rain season unfortunately, for that, but I tnin►c we are going to have to do a little bit of special watering to get the seeds going and then at least we can have a green area there. I don't think we can do much more than that at this time. Now, with regards to the last point which was the charging of the F.E.C. a reasonable rate. I think you ought to get your people together to figure out what that reasonable rate is and send them a bill immediately back to November 12th. And I think if they refuse as they evidently have refused, you better ask Mr. Frates to visit the Judge, because I think they are going to have to pay and I think they better get their sequence straight. Evidently they are so used to winning these law cases that they don't know what it is to lose, but they have lost and I think we better... they better begin to understand that. Now, I think if they refuse, I think you better retain right away some kind of an appraiser, I would hope at a reasonable rate that would document what a reasonable rental would be so that we don't have any problems on this. And Mr. Frates, perhaps you might recommend somebody. And that I do want to talk about Bates Cole and the appraisers after we pass this motion, because I read your statement in here and you may be satisfied, but I'm not. I'm sorry for him because he is a nice man, but we paid him a hundred... between he and the other appraiser Wilson a hundred fifty thousand dollars and they didn't perform and when you pay somebody and they don't do their job, then either they make up for it or they give you back the money. So, I'm ready to vote on these three issues now. Is there further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-3 A RESOLUTION AUTHORIZING THE PAYMENT OF $200,000 TO THE LAW FIRM OF FLOYD, PEARSON, STEWARD, RICHMAN, GREER & WEIL, P.A., AND $50,000 TO WILLIAM S. FRATES, ESQ., FOR LEGAL SERVICES IN CONNECTION WITH THE ACQUISITION OF THE FLORIDA EAST COAST RAILWAY CO. PROPERTY AND AUTHORIZING A TOTAL ALLOCATION OF $250,000 FOR THIS PURPOSE FROM THE CAPITAL IMPROVEMENT FUND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 82-3A A MOTION DIRECTING THE CITY MANAGER TO TAKE IMMEDIATELY STEPS TO TAKE POSSESSION OF THE F.E.C. TRACT LOCATED ON BISCAYNE BOULEVARD WHICH WAS BEEN SUBJECT TO RECENT LITIGATION BY REMOVING EXISTING FENCES, BULDOZING THE ENTIRE TRACT TO A LEVELED CONDITION, INSTALLING TOP SOIL AND GRASS SEED; FURTHER DIRECTING THE CITY MANAGER TO ESTIMATE A PROPER CHARGE TO THE FLORIDA EAST COAST RAILWAY CO. FOR THE USE OF EXISTING TRACKS LOCATED ON THIS PROPERTY AND TO SEND A BILL TO THE RAILROAD COMPANY FOR THE PROPER AMOUNT. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: NOES: None. Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. ViceMayor Joe Carollo Mayor Maurice A. Ferre NOTE: BY CITY COMMISSION INTENT, BOTH OF THE HEREINABOVE ACTIONS ARE CONSIDERED TO HAVE PASSED THROUGH SINGLE ROLL CALL. 27 Mayor Ferre: Now, I would like to ask that a motion be made or I will make the motion, that the City Attorney come back by the 28th which is two weeks from now, with a recommendation on legal proceedings against the appraisers for non-performance. Since we paid them a hundred fifty thousand dollars they not only went about it in the wrong way, certainly to the benefit of the F.E.C. and not to the City of Miami in their basic assumptions, but much than that. When it came time for them to defend their position they refused to defend it and refused to go to court as witnesses. The fact that a man was sick is unfortunate, but I'm sure he could have sent in a written testimony. He could have done it on video tape. There are a lot of different ways that he could have... that these appraisers could have stood up. Now, I think it is totally unacceptable for the taxpayers of this city to have paid a hundred fifty thousand dollars for services where the people either snookered us or just down right help our opponents more than they helped us or just refused to cooperation. Now, that certainly... and furthermore, even though it may be a moot point, Mr. Knox. I think that we ought to... I'm sure there is a board, just like you lawyers have an Ethics Board, I'm sure the M.I.A. and the other appraisal firms have boards, that we ought to make this a case before them, that I think it is despicable for an appraisal firm to take money from a government and to refuse to complete the job that they were hired for. I think that it's a very, very bad precedent and I think that it is bad for that profession to leave that dark cloud over the name of that profession and I think we need to make a test case out of this to...and I think, if nothing else in the future when these appraisers make millions of dollars as they do from governments, that they will have a little bit more respect for the taxpayers funds. And so, I so move that you be instructed to institute legal proceedings and to come back to this Commission, if not by the 28th, by the 1st February explaining where you are and what you are going to specifically do in these items that have been brought up. I move it as a motion. Mr. Perez: I second. Mr. Plummer: Under discussion. Mr. Carollo: Any further discussion. Mr. Plummer: I would like to ask the question Mr. Mayor, are you including the appraisers who snookered us first of all? Mayor Ferre: Everybody. Mr. Plummer: I'm speaking of the ones who appraised the property back for the bond issue telling the electorate and us that, that property was worth eight million dollars. So, I hope that those appraisers are also included, because that was the original snookering. Mayor Ferre: Everybody and anybody. But I think the people that I'm really upset about are the people that received a hundred fifty thousand dollars and who not only went about appraising this that in a way they would favor the F.E.C., but actually, refused to testify in court. And I just think that's the most unbelievable story I have ever heard. And I think that we just can't take something like that sitting down. Now, there is a pattern of governments doing that... of appraisers doing... these appraisers doing these things and nobody says anything about it and I'm just... you know, I'm just... this is it. Mr. Carollo: A motion has been made and seconded, call the roll. The following motion was introduced by Commissioner Ferre, who moved its adoption: MOTION NO. 82-4 A MOTION INSTRUCTING THE CITY ATTORNEY TO IMMEDIATELY INSTITUTE LEGAL ACTION AGAINST ALL APPRAISERS WHO WERE INVOLVED IN CONNECTION WITH THE CITY'S TAKING OF THE F.E.C. BAYFRONT PROPERTY BASED UPON THEIR REFUSAL TO APPEAR IN COURT TO DEFEND THEIR POSITION IN CONNECTION WITH APPRAISALS MADE BY THEM AFTER HAVING BEEN PAID FEES BY THE CITY OF MIAMI TO RENDER SUCH APPRAISALS. 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 J/1 41982 NOES: None. 08 5. AUTHORIZE CITY ATTORNEY TO NEGOTIATE WITH LESTER ALLAN FETTIG FOR PROFESSIONAL SERVICES: REVIEW OF CHARTER AND CODE Mayor Ferre: Alright, Mr. Fettig, is he here? Mr. Knox: Yes, sir. Mayor Ferre: Alright, Mr. Knox, quickly now. We are now on Item "B". Mr. Knox: Mr: Mayor and members of the Commission, as you know that there has not been an exhaustive review of our Charter and Code for a number of years and one of the charge is when a new Commissioner took office in November was that we revisit and review our Charter and Code. Now, in that connection we have identified probably the most critical area that needs the most immediate and perhaps dramatic attention and that is in the area of the procurement of goods, services, especially management and professional services. Now, we have conducted through our own sources a search for an expert who could assist us in formulating a procurement policy regarding goods and services that is open, fair, competitive and consistent with the public policy and we would like to immediately begin work, because to engage in such a reform has a positive impact on all of the major development activities that the City is endeavoring to engage in. To that end we have had at least two full days of discussion with Mr. Lester Fettig, whom I would like to introduce to the Commission. Mr. Fettig is a nationally recognized expert on procurement procedures and we have provided to the Commission a copy of his seven page resume outlining his - professional accomplishments. He has worked for the Office of Management and Budget in the area of Federal Procurement Policy and he has authored, supervised and shepherded through the Congress several measures which are related to procurement policies that the United States Government currently engages in. In our discussions with Mr. Fettig, he has indicated that there are many provisions in our Charter and Code that need to be revised and moved around and generally modernized such that once again the City of Miami will lead local governments _ in the area of procurement policies. I would like to. Mayor Ferre: Alright, Mr. Knox, before we hear from Mr. Fettig. How much is he going to get paid? Mr. Knox: What I'm seeking today is the authorization to negotiate with Mr. Fettig. He has indicated... we talked about guidelines and we talked about his fees and to do the things that immediately need doing in terms of professional services, he has indicated that his target would probably be around the 1st of May and the amount that the would anticipate, even though we have not yet negotiated and we have not come back to the.Commission, may be in the neighborhood of twenty thousand dollars. Mayor Ferre: Alright, the 1st of May... I don't have any problems with the twenty thousand, I do have problems with the 1st of May, because we have got a lot of roads to walk on and a lot of promises to keep and there are a awful lot of projects and things that are affected, unfortunately, including Vince's favorite project and other things that are involved. So, we really need to get on with this, May 1st is a long time away. Mr. Knox: Alright, he may be able to talk about a fast track procedure. Mayor Ferre: And as I understand, Mr. Fettig, you are talking about coming back to this Commission, not only with a procedure, but Mr. Knox, with a legal document that would stand the test of a lawsuit, hopefully, in the way we proceed in developing projects. Mr. Knox: Yes, sir. Mayor Ferre: Questions from the Commission? Mr. Dawkins: The only problem I have is the same one the Mayor says. Is there anyway possible that you can double your efforts and perhaps get it back to us before May? R d Mr. Lester Fettig: Mr. Dawkins, the critical problem you have is looking at the statutory situation you are in now will lackly entail a modification to the City Code. That is the pacing item. Beneath that... Mayor Ferre: Oh, boy, you didn't tell me that. You got to change the City Charter to do this? Mr. Knox: Well, again, it would depend on the extent to which these... at some point we would have to change the Charter. Now, there are somethings that Mr. Fettig can engage in that would allow us to proceed up to a point with the capital projects that are now on the way. We would anticipate, however, that at some point there would have to be some Charter revision and at that time we would come back to the Commission to talk about that process. Mr. Dawkins. ;Are you saying then, that in order to attempt to avoid the lostly court actions that we have been subjected to, that if this gentleman develops - something that says change the Charter, then that's the only reason we would be changing the Charter. Mr. Knox: In order to decrease the risk that our procedures would be subject to legal challenge, it may be necessary to change some provisions in our Charter. Mayor Ferre: You are talking about just our Charter, you are not talking about either something done by Metro or by the Legislature? Just us? Mr. Knox: That's correct. Yes, sir. Mayor Ferre: Ok, any other questions from the Commission? If not, moved by Dawkins, is there a second? Mr. Plummer: Well, I will second it because of the terminology that says it's to send it to negotiations for a final cost. Mayor Ferre: Ok, further discussion, call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 82-5 A MOTION OF THE CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO NEGOTIATE WITH MR. LESTER FITTIG, AN EXPERT IN THE FIELD OF PROCUREMENT OF SERVICES, IN CONNECTION WITH THE FORMULATION OF PROCEDURES FOR THE CITY OF MIAMI REGARDING GOODS AND SERVICES, ESPECIALLY, MANAGEMENT AND PROFESSIONAL SERVICES; FURTHER DIRECTING THE CITY ATTORNEY TO COME BACK TO THE CITY COMMISSION WITH A PROPOSED CONTRACT. 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. 30 JAN i �z iJoe- 6. APPROVE SUGGESTED "SIGNS" FOR NEW CITY OF MIAMI, UNIVERSITY OF MIAMI, JAMES L. KNIGHT, CONVENTION CONFERENCE CENTER Mayor Ferre: Is the University of Miami here? UNIDENTIFIED SPEAKER: Yes. Mayor Ferre: Alright, let's see if we can do this question of the sign in five minutes so that... Mr. Grimm: Mr. Mayor and members of the Commission, what we want to show you today is the suggested signs for the Convention Center and there is no backup. We just did not want to be presumptuous and go ahead and put signs on the Convention Center a project that we know is dear to your hearts without at least showing you an idea before and this is purely for discussion, if there is anything you don't like, you can say so and we will modify it. We have representatives of the University here and of the developer as well as the architect in case you have any questions. I might say that the official name of this facility is the City of Miami/University of Miami James L. Knight International Center. That sign will appear on the facility once. We thought that, that verbiage was too great to put up in a very visual place. There will also be a sign which identifies the Hyatt and a sign that we have on the north face of the building which says "Miami Convention Center". That sign there, the "Miami Convention Center" is probably the one that has some controversy. The architects, I'm sure, would like to see it taken off and I believe that the University of Miami would like to have it taken off. The basis being that the building is of such magnitude that everybody will know what it is anyway and we don't need signs. Mayor Ferre: I will tell you what. I would go along with that if you can get Hyatt to take their sign off of theirs. If you can't get Hyatt to take their sign which is three times larger than ours, then you let the poor little old City of Miami have one day of glory. Mr. Plummer: Mr. Grimm, I thought you were going to take the battle ship out of the river? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Grimm: Now, these lights would be simple bronze letters with neon oaCk-lit facilities so they would show up at night. Mayor Ferre: Ok. Mr. Grimm: Basically, that's it. Mayor Ferre: Vince, are you recommending this? Mr. Grimm: Yes, sir. Mayor Ferre: Alright, now, let's hear from the opponents. Do you want to start it? Mr. Grimm: I think Dean Allen, here would like to express an opinion for the University. Mayor Ferre: Sure. Dean, it's always good to see you, sir. Mr. Robert Allen: Thank you, Mr. Mayor. My name is Robert Allen, I'm a Dean at the University of Miami. We are grateful for the opportunity of commenting since it's your decision as to the signs at the center. We would like to express certain opinions and we hope that you will consider them as you look at this situation. To begin with, the idea of putting up signs without others looking at it, signs are already up and of course, signs can go up at any time, we feel that all elements in the complex should have an opportunity to look at signs. Secondly, I think from the University point of view, we have always considered this to be a great academic and cultural center. Aesthetically, I believe many 31 _, t il of us in the community would like to see the center as kind of a monument. A sort of place that everyone knows what it is. I don't think we need commercial type signs. I think we have to promote the center in that way. I think the center will be promoted by its action and its deeds and I believe the two signs already, of course, it's Hyatt and Miami Convention Center and we still in terms of the agreement with the University as I understood it was called the "James L. Knight International Conference Center" or shorten the "James L. Knight International Center". Now, what we have here is a situation where the signs do not identify the name of the center. There will be millions of pieces of brochures, programs, market calendars that will say the "Hyatt and the Miami Convention Center". I realize that both have commercial, promotional and political interest in having this sign, but I think from a community aesthetic and the mission of this building that it should have signs that are dignified, . that are aesthetically consistent with the mission of the building. So, our lament is that perhaps the signs will detract from the beauty of the architecture and also the accomplishments of the center, that it will commercialize it and certainly we don't want a beach type commercial atmosphere related to this type of center. And lastly, no one would know, obviously, that the University is even related to this center with the signs here. Mayor Ferre: Ok, Dean, let me, let me... I tell you, I'm really torn because I think there is a valid argument on both sides. On the one hand the "James L. Knight University of Miami/City of Miami Convention and Conference Center" which I think is the full title of this apparatus here, is a real, real long complicated name which nobody is going to read. Now, if you will notice the name of the hotel is the "Miami Hyatt Regency"... "Hyatt Regency -Miami", but that's not what they put on top of their building. They put up "Hyatt". Now, under that logic we ought to just put up "Knight". The problem is that if we put up "Knight" nobody will know what it is. Now, as I understand we were trying to please everybody and we originally had "City of Miami Convention Center". Now, I will tell you where I think you are violating that, Vince. I think you are violating that by putting the City of Miami's emblem. Now, I think we ought to take the City's emblem off or we add the University's emblem on at the other side so that it has emblem, Miami Convention Center, emblem. Now, that I wouldn't mind doing, but absent that by your putting up that palm tree and the circle around it you are identifying it as a City of Miami facility and I think that even though, obviously, it is that's not in keeping with our agreement. Now, Bob, on the hand let me put it to you this way. This is a hundred seventy-five million dollar project? What's it up to these days? Mr. Grimm: Yes, but with the World Trade Center and the garage, yes. Mayor Ferre: Absent the World Trade Center just this project alone is what, a hundred twenty? Mr. Grimm: Close to a hundred million. Mayor Ferre: A hundred, ok. Of which the private sector is what? Thirty or forty? Mr. Grimm: About that. Mayor Ferre: So, the City of Miami and the taxpayers have gone out and issued a sixty-six million dollar bond issue, right? Mr. Grimm: Sixty million dollars, but we have about ninety-five million dollars totally in the project counting other sources. Mayor Ferre: Now, so, the City of Miami taxpayers and the people of Miami have have ninety-five million dollars into this project. Now, I'm not saying that since the University of Miami has two and a half million dollars, that it ought to be in proportion to our contribution, because that wasn't what we agreed to in the beginning and the fact is that if it hadn't been for Jimmy Knight and the Foundation and if it hadn't been for the University of Miami this project wouldn't be here because it would... when you came in that was the sizzle, so to speak, that kind of sold the old thing. If we hadn't had your involvement and your cooperation it would have been difficult to get the whole project on the way. So, we owe you more than the proportion of two and a half million to ninety million dollars and I think we have got to live up to that agreement that we made. So, I... as I said, I think there is a good argument on both sides of the things. We cannot put on this building a long winded title to it. On the other hand we need to identify it. Now, if we don't want to do that, then I think my recommendation, Vince, might be that we take the title off and we just leave the coat of arms of the City and the coat or arms of the University and let it go at that. J/�1r i 4 ►: 3 4 Mr. Allen: our concern was two fold, Mr. Mayor. We didn't feel it was necessary to use what would be traditional commercial type signs to identify the center. I think within a year everyone will know that it is the Knight Center and that will be the reduced name of if, I believe. Now, secondly,... Mr. Plummer: Whoah, whoah, would you repeat that? Mr. Allen: Quickly referring to it, we are referring to it as the Knight Center. Mayor Ferre: Bob, I want you to know that the City of Miami Commission is on record unless this Commission wishes to overturn that. That, that definitely not be the case. That we will not recognize it as the Knight Center. And that's exactly what we were worried about and I will tell you, you just made up my mind for me as to what we are going to put on the sign. Mr. Allen: Well, it is... we thought that was the name of the center, Mr. Mayor. Mayor Ferre: No, the name of the center is "Knight University of Miami/City of Miami Convention Conference Center" or "City of Miami/University of Miami James L. Knight International Center". This Commission... a previous Commission, because it goes back even before Lacasa. It was when we had another gentleman on the Commission nameless here and another lady on the Commission, also nameless here, who unanimously, if I recall, after debating this thing for an hour came to an agreement that this would be the name and that it would not be known as the Knight Center. Now, if you are telling me it's going to be known as the Knight Center, then you just determined my vote. Mr. Allen: No, sir, may I correct myself. I said in certain conversations it's reduced that way, sir, but we have always agreed that it was the City of Miami/University of Miami James L. Knight International Center and that's the sign we thought we would see up there. Mayor Ferre: Bob, I don't mind the tail wagging the dog a little bit, but I do mind that the tail becoming the head and... well, I have expressed my opinion and let's hear the other opinions. Mr. Plummer: Mr. Mayor, I will go along with... I have a problem now, because of discrepency you show on the model Hyatt, yet here on the drawing you show Hyatt Regency Miami. Mr. Grimm: That Mr. Commissioner, is on a lower face of the fountain. Mayor Ferre: See, the problem is that you got a big sign up at the top that says Hyatt, then you got the main sign supposedly down on the ground. Ok, now, we are going to have City of Miami/University of Miami James L. Knight International Center also down on the ground so that as you arrive at the place you get the full name, but the question is how do we identify it up at the top and the Administration is recommending that we do it in this way. Mr. Plummer: Well, I personally have no problem with what is presented before me. Mayor Ferre: Alright, let's get other opinions now. What's the... Mr. Carollo: Mr. Mayor? Mayor Ferre: Yes, sir. Mr. Carollo: Where I'm having a problem with is the administration is presenting that in the convention center we will have Miami Convention Center, correct? I have no problem with that. Now, on top of the hotel it has Hyatt in the model. What the administration is recommending is that we place Hyatt Regency - Miami? Mr. Grimm: No, sir, just the way it is. The Hyatt Regency is down below. Mr. Plummer: Show him where. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: And where does the main sign "City of Miami/University of Miami James L. Knight" goes on the wall? 33 J Mr. Grimm: It's right on that curved wall there Mr. Mayor. It's so small in scale that it's barely Visible, but it's all on that wall. Mr. Carollo: So, on top of the hotel "Hyatt" is what's going to be placed there. Mr. Grimm: Yes, sir, it's already there in fact. Mr. Allen: I think, Mr. Mayor, that was our concern that the name was buried and we felt that the name was not made obvious. Mayor Ferre: I understand your concern and I think the University's concern is. that the name is there, but it's buried by being down on the bottom. Mr. Allen: We don't think it will be Visible and that is the name of the center and that's the only point we would like to make. Mayor Ferre: Well, we have got two opinions now. We need some... let's see what the consensus is on the Commission. Mr. Allen: Thank you, very much, I appreciate the courtesy. Thank you, Mr. Mayor. Mayor Ferre: Thank you, Dean. Mr. Dawkins: After this is settled, I have something I would like to ask them about this. Mayor Ferre: Well, we need to bring this to a head now one way or the other. Mr. Plummer: I will make a motion that we approve the recommendation of the Administration. Mr. Dawkins: Second. Mayor Ferre: Further discussion? Call the roll. ON ROLL CALL: Mayor Ferre: I really think, Vince, that we ought to get the City's logo out of there. When you put the City logo in I think the University has a very valid point. Mr. Dawkins: You are amending the motion, Mr. Mayor. Mr. Carollo: That's correct. Mr. Dawkins: You are amending the motion, Mr. Mayor. Mayor Ferre: I realize that, but I mean... Mr. Dawkins: Ok, well, let's vote on this and then come back... Mayor Ferre: I can then vote "no" if you wish. You know, I don't want to get very technical. We are doing... Mr. Dawkins: It's three to two, then,... I mean, I... Mayor Ferre: I would like to request that the maker of the motion, I think if you take the logo off, J. L., I think you really go a little way in the pain of all of this. Mr. Grimm: We can always install the logo, if the Commission chooses that we leave it off initially. Mr. Carollo: Maurice, I tell you, I... Mr. Plummer: He didn't hear the three to two vote. Mayor Ferre: Well, I mean it stands if you want it that way. I think that's just rubbing their nose in it a little bit too... 34 i 19� Jh Mr. Plummer: Mr. Mayor, I'm not trying to rub anybody's nose. I have been steadfast in my opinion. I think if we are going to have uniformity at the new administration building, I'm proud of my logo. I'm proud of my city and I think that logo should be very prevalent. The thing that was before us now... let me tell you what wasn't before us. The motion has passed and duly so. They didn't bring up and I wish you had Dean, because I would agree with you that we could enlarge the significance of your sign down below. Now, I guess you have a problem with that because you said from an aesthetic stand point of view that you wouldn't want anything any larger which would apply to you as to the City, but what's before me today is what's here and I made a motion predicated upon that. Mayor Ferre: Alright. Mr. Carollo: .If I may, Mr. Chairman. Mayor Ferre: Yes, sir. Mr. Carollo: I would like the City logo there. I personally don't see anything wrong with it now. If the University would like to place their logo at the end of"Miami Convention Center; I might be acceptable to that idea, but I personally would like to see our City logo kept there. Mr. Plummer: Well, of course, Joe, the problem with that, Dean has said that he feels that the sign is not aesthetic and if you add more to it that would make it even more detrimental according to that thinking. Mayor Ferre: Well, ok. Alright,... We have also got to have a courtesy with the University of Miami and I think I would like to get the concurrence that if the University of Miami wants to put up its logo at the end of Miami Center that they have the right to do that too, as long as it is in keeping with the same design, same materials and the same color so that it's not a completely different thing. Mr. Carollo: That I would be acceptable to, but of course, I guess the bottom line that I'm getting to is that I don't want our logo removed. They could add theirs if they would like to under those conditions. Mayor Ferre: Alright, is that. acceptable to the maker of the motion? Mr. Plummer: Well, I would accept Mr. Mayor, that if the University wishes to place a logo on our sign they surrender it to us and we will approve it, but without seeing what they are proposing Mr. Mayor, no I would not approve it. Mayor Ferre: Well, wait a minute. We are talking about the University's logo which we all know what it looks like, out of the same materials and the same color and the same size as our logo. Now, how can... you know exactly what that is. Mr. Plummer: I have no problem with that. Mayor Ferre: Can you accept that as part of your motion? Mr. Plummer: If you wish. Mayor Ferre: Will the seconder of the motion accept it? Mr. Dawkins on the record you have accepted it? Mr. Dawkins: Yes, Mr. Mayor. Mayor Ferre: Mr. Perez, you have accepted it? Alright, so that at least it's part and parcel, then of the original motion. Is that acceptable, Mr. Clerk? Mr. Ongie: Yes, sir. Mayor Ferre: Alright, thank you, very much. Mr. Plummer: At their expense, of course. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 82-6 A MOTION APPROVING THE ADMINISTRATION RECOMMENDATIONS FOR THE PROPOSED SIGNS FOR THE CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT CONVENTION CENTER; FURTHER STIPULATING THAT THE CITY LOGO BE RETAINED AND AUTHORIZING THE UNIVERSITY OF MIAMI TO INSTALL ITS LOGO AT THE ENT OF THE WORDS "MIAMI CONVENTION CENTER" SO LONG AS THEIR LOGO IS MADE OF THE SAME MATERIAL, THE SAME SIZE AND THE SAME COLOR AS THE CITY'S LOGO. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by, the following vote: AYES: Mr. Dawkins, Mr. Plummer and Vice -Mayor Carollo. Unanimous. Motion was amended after roll call. ABSENT: None. 7. DISCUSSION ITEM: PERSONAL APPEARANCE OF CHIEF HARMS "CRIME PREVENTION EFFORTS" Mayor Ferre: Alright, now, Chief. (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mayor Ferre: Go ahead, Chief. Chief Harms: Mr. Mayor and members of the Commission, Mr. Manager, first I want to express my appreciation for an opportunity to share with you some of the initiatives that the Miami Police Department with your assistance and the assistance of the community has initiated more particularly during the past year to address some of the crime problems that this community has been faced with. The purpose of my comments is not to dwell on the root causes of crime, although we certainly know that they exist. Nor is it to belabor the causes for the failure of the Criminal Justice System, but rather to update you on certain initiatives that we have created and implemented. We, the Commission, the Police Department, the citizens. First, however, a brief overview of the system and those it serves is in order. As a society we have not done nearly enough to alleviate the cause for the enclaves of poverty existing within most Metropolitan areas, including those in Miami. The great social programs of our time, the federally guaranteed home financing program V.A. & F.H.A. and transportation has done little to alleviate the suffering in our ghetto and to ameliorate what we have come to regard as those root causes of crime. Those include inadequate housing, lack of job and educational opportunities and a general feeling of helplessness and dispair which ultimately put many inner city residents in conflict with other segments of the community and the laws of our society. Many of these failures are failure ultimately become police problem. The Criminal Justice System as we know it is a rather dismal failure. It's over burdened and under resourced. It's lost much of its ability to insure a quality of life that we in this community have taken for granted for a great many years. The police as the initiating element within that system are insufficient in mumbers to address the unprecedented crime problems which have been aggravated by an ineffective immigration policy and a laisser (fr.) attitude on the part of the federal government regarding narcotics and drugs. Your support has done much to address the failures of the federal government. The special programs encouraged and funded by Commission action has helped our community turn the corner from August of 1980. This is a high point or a high water mark, if you would and this chart reflects January of 1978 thru September of 1981 and what it reflects is a gradual upward trend that matches pretty much the national trend and the significant difference at this point... the significant difference that we can reflect back on was thst unprecedented influx of refugees 36 J AN 14 1982 that I spoke of a moment or two earlier. Now, since that point and time, August of 1980 we have experienced a gradual downward trend and I think there is some very realistic reasons why that trend is reflected as it is. Increase in _ resources at the direction of the City Commission. New initiatives that we developed in concert with the Commission and the community. The special contingency fund, the law enforcement contingency fund and the application of that fund to the department and the problems that we were addressing has caused, I believe or been the significant cause of that downward trend to the current time. Now, you see minor increases, but they continually reflect that downward trend and we are satisfied that when all the figures are in at the end of this reporting period that the year end totals will reflect a continuation of that process. Now, what I expect is that we will come closer to matching the national average, but again, those two primary problems, the unrealistic immigration policy and lack of effective utilization of that policy by the federal government, federal responsibility and the narcotics problem will make the difference between the national trend line and the experience that we are having in South Florida. But our increase in resources and effectiveness is not enough. The State Attorney's Office handled approximately twenty-seven thousand felony filings in 1981 with an average case load of three hundred fifty cases per assistant. That case load should more realistically be approximately two hundred. Now,I think that, that overload is one of the primary factors that's contributed to about ninety-eight percent of all of those case filings being disposed of in a manner other than trial. What I'm saying in reversed order is that less than two percent of those total filings resulted in a trial either jury or a bench. Now, we can talk about what happens to the rest, but I'm suggesting that the threshold is established to manage the case load and a lot of the fall out from the system itself is predicated on the lack of resources. Mayor Ferre: Chief, repeat the figures. Three fifty, is that arrests? Chief Harms: No, sir, that's three hundred fifty cases per Assistant State Attorney per year. That figure... Mayor Ferre: Oh, ok. And what are the figures for officers, because you have some figures as to how many arrests each officer makes as a national average and we are something like three times higher. Chief Harms: Yes, sir. We are between two and a half and three times above the national average with regard to arrests. Mayor Ferre: Per officer. Chief Harms: Yes, sir, that's correct and we will talk about how that's created an additional burden on the balance of the system, but... and we will get into the philosophy of how we are managing that case load. Now, to handle- those twenty-seven thousand filings or the major portion of them fifteen criminal court judges have been assigned, which is completely inadequate based on, again, my judgement and my understanding of the facts, fifteen criminal court judges to handled the majority of those twenty-seven thousand filings. Now, it's my understanding that a judge receives approximately two hundred cases a month and if he is good he can handle five or six, or she is good, they can handle five or six with a jury trial. The balance of those cases, again, are managed in a way which causes them to fall out or be negotiated out of the system that's supposed to be dispensing justice. Now, given the unusual circumstance the individual that's works his way through the system and ultimately ends up with a sentence to do jail time, what we have come to realize is that, that sentence is most frequently, the length of it determined not by what the judge makes a decision on, but the available storage space and other factors beyond the judges control. The system is funded from three primary sources, from the Federal, zrom the State and the local level and these must all be resourced, all of the elements must be properly resourced on a balanced basis in order to insure the effectiveness of the system itself. It's essential to restore once again, the credibility of our system through the belief of the certainty of apprehension, swift and fair trial and certainty of punishment to fit the crime. Our solace, those of us within law enforcement has not been in criticizing the other elements of the system, but in developing and implementing community safety initiatives that we believe have been well reasoned and effective in serving our community's police service needs. It's these programs that I will present to the Commission this morning. Mr. Plummer: Well, Chief, let me... Chief Harms: I'm taking just a brief break from my presentation. Mr. Plummer: Chief, the thing that bothers me is the one point that is in my craw and you haven't spoken to it and I guess that irritates me even further. Not irritates, concerns me. The Mayor spoke to arrest total numbert you spoke to prosecutors, but the one thing you didn't speak to is the people who have been arrested and how many more times they are arrested before they are brought to the first trial. That bothers me. Chief Harms: Commissioner, let me interject for just a moment. I will deal with that issue and certainly appreciate your concern with regard to repeat offenders. I really should act concern. It's one of the major problems we have in establishing credibility. Mr. Plummer: If you are going to address it later, I will hold up. Chief Harms: The first of the programs that we are going to profile, and again, I'm going to provide sort of a summary profile of these programs. They have been presented in the material that has been provided before and a recompilation of that material in a booklet that you received this morning.. ICAP is an acronym for the integrated criminal apprennension program ana is a rational comprehensive approach to the delivery of police service. Its objective is to use an organized approach to more effectively managed criminal information in police personnel. The three components of that system are effectiveness, efficiency and the use of community resources. Through crime analysis directed operations involving the task force, crime sweep, street crime arrest team, career criminal program are focused on the problems where they are occuring during the hours of greatest frequency. That means essentially as we analyze the crime problem and we make determination about where future crimes are going to occur and then send the appropriate resources there to deal with it. With regard to efficiency and Commissioner Plummer, this is an issue that you and I have spoken about for sometime, calls for service management is a very real part of this program and we have implemented this and last month we were up to forty percent alternative report writing mechanism. Meaning that through our tole reporting system a little better than forty percent of our total calls were handed in that manner with a lot of good feed back from the community, because what in fact occurs is we are able to provide that service generally in a more rapid manner freeing up additional police officer time to deal with street crimes and some of those other concerns. That's an ongoing program and a very integral part of the entire ICAP process. Now, with regard to additional efficiency issues. Alternative police resources and this another program that have spoken about, include PSA, reserve officers and volunteers to be utilized in the department to supplement or augment the efforts of our uniformea police officers. I will report on those other aspects, including reserve officer in a few minutes. Operations analysis and police performance project will then tell us how effective we are on a unit by unit basis in dealing with their responsibilities. We are going to take a look at what they are doing, what they should be doing measuring the difference and redirecting our resources to make sure that they are dealing effectively and in a timely way with the problems that have been identified. Now, with regard to the use of community resources this program encourages a shared responsibility between the Police Piepartment and its agency in problem identification and resolution. It's a joint venture, if you would. We create a feed back loop so we can tell those communities we serve with programs such as the community crime prevention project what kind of crime problems they are experiencing in the community and then again, based on that shared responsibility we listen and deal with their concerns and together develop an approach to resolve the problem. The next two programs and I present them in tandem, are the crime sweep and the clean sweep and they are designed to remove known criminals and truant juveniles from selected target areas in a professional and legal manner. The first of the two programs, crime sweep, selects targets through crime analysis and citizen input was initiated in October of 1981 towards the end of October and during nine operations of the crime sweep program involving approximately eighteen to twenty officers initiated two hundred seventy-six arrests with one hundred forty-nine identifiable repeat offenders with accumulative arrest history of in access of thirteen hundred seventy-nine arrests. That's roughly nine arrests per individual and that's not supprising. We predicted that before the fact. Many of these arrest are in tandem. A misdemeanor arrest will lead to a, carrying a concealed weapon as an example, but what concerns us and the points you made and I wail address that right now, is that many of these individuals that we continually come in contact with are ill fact repeat offenders. They come into and through the system time and time again. mo • J k N 141982 4 4 And it's not unusual to identify an individual with thirty or forty arrest over a ten year period of time. When we talk about lack of credibility in the system that's one of the primary reasonF and in a system such as ours it is over loaded it just aggravates it by bringing the people into the system and pushing them back out in the street again. If the prosecutor can't do her job because of inaccurate resources, public defender, judiciary and we don't have enough room in the jails, then what happens are the decisions to release are predicated by work load factors. We have to change that part of the system around. The next program.clean sweep► is a program that we initiated shortly after my appointment. It's an ongoing program and during the past nine months resulted in five hundred sixty-six truant apprehensions and an additional eight hundred forteen arrests by our youth resource officers in and around schools. Now, the. kind of work that youth resources officers would do, address the kind of problems — that unfortunately were experienced at Edison Middle School the other day. That individual would have been considered a trespasser and had we had an opportunity to arrest, an arrest would have, in fact, been made. What we found through the application of this program we have reduced significantly the incidents of auto theft, of home burglary and larcenies within the areas where we run these sweep operations. I feel that it's a responsibility that we have to the community and should be shared with the school system, but unfortunately, the school system did away with their old turant officer concept and feel that if it's outside of the boundaries of the school, that it becomes our responsibility. We try to fulfill that based on the crimes we prevent by getting the youngsters back into school where they belong anyway. Mayor Ferre: Chief? Chief Harms: Yes, sir. Mayor Ferre: So I can read this later on, is that part of this... Chief Harms: Yes, sir, it is. Mayor Ferre: It's all covered in here, right? Chief Harms: Yes, sir it is. I'm supplementing it some of it with additional comments. The scat program or street crime arrest team uses existing patrol overlap personnel in targeted operations against criminals and pushers. Because of the four day work week we have certain overlap periods. We have tried to manage those periods in the most effective way, so that we can take some of the overlap officers that we now have the availability of due to several other programs, including increased personnel. We identify certain specific targets that they work on during those overlap periods. It's a new program. It give us an opportunity to use about two hundred hours a week in this endeavor, focuses on street crime with no additional costs. A two week report reflected twenty-two felony arrests and forty-eight misdemeanor arrests. Now, we are starting to realize the impact of some of these special programs when I hear comments from the State Attorney such as last month our felony filings went up by twenty percent and we think that the Miami Police Department made a major contribution to our case load. We also feel it from corrections when they tell us that not only are they now over crowded, but they are very much over crowded and they recognize that some of these programs are again, contributing to their increase and work load. Mr. Plummer: Isn't that a shamg. Chief Harms: That's right. I would suggest at this point that we are going to get them off of the street and try to force the balance of the system into properly resourcing those components so that they could effectively deal with the individuals that we arrest to try to keep some of the recitatives, the career criminal in jail where they belong. The floating foot beats really came as a result of the five hundred thousand dollar overtime fund that the Commission initiated last year that permitted us to take overtime officers and put them in priority areas. What we realized during that program is that many of the areas that we work really needed additional police service on a regular basis. In order to accommodate those needs while we recognized that we did not have the funds or the personnel to continue it on a full time basis. We developed the floating foot beat concept which would assess those previous beat locations based on hazard, based on crime and other problems and then assign them on a random basis to try to deal with those problems. This again, was a result of Commission initiative. We think it's a good program and it's 39 'l p continuing to serve us well. Warrant management is a very interesting new concept for us, up to this point and time warrant service has been a primary function and responsibility of the County, but we realize that they are in - excess of six thousand warrants for people that we believe are in Miami out of a total of about twenty-four thousand felony warrants. I'm talking about the serious warrants. Now, what we are going to try to do if we can get the information in the proper form from the County is identify the most criminal of those individuals, those who have records for street crimes, those whose warrants reflect crimes of burglary, robbery, assault, stay away from some of the less serious ones, identify those career criminals and attempt with our street officers, our task force, our wagon crews based on location in town to try to serve those warrants and get those individuals off the street as well. Now, we are not satisfied at this point that the Public Safety Department... the Metro Police Department, correction on the name or the County i has placed sufficient emphasis in the serving of those warrants and we think that many of the people who have outstanding warrants create over and over, many of the problems that we continue to try to address. Mayor Ferre: Is that their new name "Metro Police Department"? Chief Harms: Yes, that's correct. They went through a name change several months back. The Marine and Beach Patrol is designed to provide a means to patrol Miami's waterways and Virginia Key and the reduced narcotics and other crime problems. In a survey conducted not too long ago we realize that we have got approximately nineteen and a half square miles of water, twenty-three miles of coastline and twenty-three inlets. Now, many years ago the County agreed to provide the City with marine patrol services. In 1975 they went up to a high of thirty-five employees and somewhere in the vicinity of nine operational vessels. Since that time they have decreased vessels to six and reduced their resources, personnel resources by about fifty-five percent. Instead of increasing during that period they have decreased and budget is in fact been the primary cause of that decrease. In short, what's occurring is an inaccurate level of marine patrol service to our marine interest in the City of Miami. Now, as you are aware, we control about five hundred acres of Virginia Key. Very shortly through a land trade with the County we will have the other two hundred acres of the Key, probably the two hundred most utilized acres which will aggravate the problems that we are currently dealing with and again, we attempted to address the problems on the Key through the structuring of a special beach patrol. Up until that point in time by mutual agreement, the County had agreed to provide service to the Key. They were there, they were in the surrounding area, the irregularity of the property line of the City and County line just made it conducive. We were in agreement with their providing the service and they did. As they started withdrawing that service, then our responsibility increased proportionately. And with the advent in popularity of off road vehicles, we have had a lot of problems on the Key with off road vehicles and other abuses to the property. The beach patrol was experimental in the summer, utilized on weekends and holidays particularly a couple of off road vehicles to provide police service. That service to the Key would be augmented by the Marine Patrol. in a.AAi.tion to the other duties and responsibilities that the Marine Patrol will have. That needs funding and towards the end of this presentation, I will suggest how we can fund it together. Mayor Ferre: Chief,... Chief Harms: Yes, sir. (COMMENT NOT INCLUDED IN PUBLIC RECORD) Chief Harms: Now, I am rushing through some of it in order to try to comply with the time restraints. The rapid deployment force is to provide the ability to mobilize and transport additional backup officers when required. It envisions the use of two wheel vehicles that are... that we anticipate will be ordered to replace the current three wheel fleet. We have, unfortunately, a very bad experience with the three week fleet, not in the program itself, but in the transportation. There is no company today that markets and an acceptable three wheel vehicle. So, in order to provide transportation for the foot beat officers assigned primarily to the business communities throughout the City in the nine basic areas, Allapattah, Little River, Coconut Grove, Downtown, these vehicles will provide that transportation and also provide an immediate availability of officers who can move beyond traffic congestion to provide immediate backup support. This is a new program. If 40 A , JAN 1 1982 the Commission today authorizes the purchase of the vehicles that based on an agended item, then I will provide an approximation of sixty days to implement the program and the majority of that time is for vehicle delivery. Mayor Ferre: I don't understand how Hondas would be able... I don't understand, may be Plummer can explain it. Chief Harms: Yes, sir, let me give you an example. If we had a major problem to deal with on Key Biscayne, on Virginia Key or Key Biscayne based on a mutual aid agreement that we have with the County and the Causeway was completely stacked up, we have got a couple of other choices of how we might deliver police service. One would be by air and the other would be by water. The size of these vehicles, these motorcycles would permit officers to respond in between traffic, around through the sand if necessary, off road to the scene of an emergency situation. Mayor Ferre: 'Well what other use would they have other than to get across the causeway? Chief Harms: This would be a secondary use. A primary use would be to provide transportation to the patrol officers who provide beat service to areas such as Coconut Grove. Mayor Ferre: Let me understand this, because I think this is something that I have been advocating for years and I... What you are saying is, you are going to get officers out of automobiles and yet you want to go back to foot patrol, but you can't get them around quickly enough because the areas they have got to cover is too big and bicycles, we tried that once up in the north part of town really is not the way to do it. So, you are now going to go to these mechanized bicycles, so to speak. Chief Harms: Yes, sir, that's correct. Mayor Ferre: And you are going to use them on beats, is that it? Chief Harms: Yes, sir we are. Now, you have seen the three wheel officer from time to time that all provide services to the Dinner Key area, he works in the Grove at times using that same vehicle. The object is to provide transportation to the beat itself, provide transportation from time to time in between the officers patrolling on foot, making contacts and dealing with individuals within that community. Now, the size of the beat is smaller than a car, but larger than a foot beat officer could service without transportation. This will be a supplemental use of those vehicles on an emergency basis. I would hope that we don't have too many of those emergencies to address, but it provides a ready backup force for those kind of emergencies. Mayor Ferre: Ok. I hate to ask this question and I apologize to you and to J. L., but other than for funerals, what do we really need the motorcycles for in a City like Miami where... which is relatively small... Chief Harms: The two primary purposes have to do with developing and implementing a successful selective enforcement program to reduce vehicular accidents, bodily injury and death... Mayor Ferre: The question is, would this be a replacement of the motorcycles? Chief Harms: No, sir, these vehicles would not be used for traffic enforcement. Mayor Ferre: What do we need motorcycles for? Chief Harms: For selective enforcement programs to deal with traffic, accidents, traffic fatalities and so on. Now, in addition to that, that particular group also serves as a ready response unit on a twenty-four hour basis because of their availability and the method of transportation. Mayor Ferre: How many motorcycles do we have? Chief Harms: We have approximately twenty-five officers assigned to the enforcement unit. Now, back in the early 60's we had a high of about sixty-five. Since that time there has been a gradual deemphasis on the traffic function and a greater emphasis on the problems associated with street crime. The next program is the sexual battery unit and it's objective is to establish a W separate unit to handle sexual batteries and felony assaults. At the current time those responsibilities fall to the homicide investigators and with their increasing work load and responsibility frequently the crimes of sexual battery and felony assault are not given property attention. We have been concerned about this and it's reflected in the reduction in clearance rates. We feel that through the implementation of this program we can develop some experts in that area who have a sensitivity to the victim and understanding what it takes for a good prosecution and the objective of the program is to increase clearance rate and to increase arrests and to increase our success in the prosecution of those cases. We currently estimate a start up time of February of 1982 and training is currently under way. As a matter of fact, as I stand here talking to you the sergeant that will head up that detail is at .the F.B.I. Academy undergoing special training to give him the ability to be more effective in that assignment. Again, we think it's a very important adjunct to some of the other effprts we are involved with. So, again, we would expect February of 1982 to be the start up date for that program. Mayor Ferre: Chief, does the County do that function now? Chief Harms: Yes, sir. Well, they do it for their department and selected other departments. It is a separate function within the homicide unit and they divide up the responsibility between investigating homicides. Mayor Ferre: Now, answer my question. Chief Harms: Do they do it for who? Mayor Ferre: Obviously, for the City of Miami? Chief Harms: No, sir, they don't. Mayor Ferre: They never have. Chief Harms: They have it. They have not done it. They are not doing it now and we don't anticipate that they should do it. Mr. Plummer: They do maintain the rape center through Jackson Hospital. Chief Harms: Jackson Hospital and Dr. Hicks maintain the rape treatment center. I had a conversation with her the other day. She was very enthusiastic about this program. She thought it's what we needed to deliver an appropriate level of service to the victims of rapes and serious assualts. The cold case teams, the objectives of that team or those teams. Team one, to solve inactive cases and arrest offenders. Frequently what happens with the crime of homicide if the arrest is not made and the leads wear thin within a couple of weeks the case is then designated as inactive. We have assigned one sergeant and two investigators to an ongoing program in July of 1981 and they are responsible to review open and inactive cases and if they see something that would suggest a reopening of those cases, then they follow up the workable cases. Within the past four months four cases were cleared through arrest. Team two, will focus on narcotics cases, will work directly with the County, the Drug Enforcement Administration and other law enforcement agencies to deal specifically with narcotics related homicides and certainly in the past couple of years we have seen a rather dramatic increase in those crimes. The next program is the reserve officer program and we hope that it will provide a means for concerned citizens to aid police in maintaining uniformed patrol. We have had some problems with that program that we are attempting to overcome and I think we will. Fifty officers were approved in July of 1981. That will be a part-time status for those involved with a hundred seventy hour State, mandated training program. They will be utilized with a regular officer. At the current time sixty-eight tested, forty-two referred, twenty-three in processing, four qualified. The major problems we have found with that program up to this point are the hours that the test can be given by Human Resource. So, we are going to ask them to change that fact we have to the evenings and weekends and the criteria that we have utilized for exclusion from the program, that too has been modified. We anticipate startin¢ a class of twentv in February and have either in an active capacity or in class fifty by October 1, 1982. If that program is as effective as I believe it will be, we will be asking for the authority to extend it in the following year by perhaps another twenty-five or fifty. Commissioner Plummer, you are familiar with this program. We have discussed it. We are getting some help from Human Resources, 42 4 �902 for our own people in increasing our recruiting efforts and increasing our qualification of viable candidates for the program. Mr. carollo: Chief, excuse me. Chief Harms: Yes, sir. Mr. Carollo: How long have you had this plan for the reserve officer in the planning stages. The plan was developed prior to Commission authorization in July of 1981. We have been working on the plan essentially in the development of it for about a year and a half. Now, we set it to one side primarily in the year prior to this half that we are dealing with now when we have been talking about developing the program because of the massive hiring and training program that we were going through. Many of the same people that would be used for training reserve officers are training police officers. Many of the same people involved in the background investigations are the same ones. We deferred this program, given the large number of officers that we were hiring and training. About a year and a half to respond to your question. Mr. Carollo: The reason I asked the question is because I wanted to know if I was any source of encouragement went I requested for this program to come into existence over two years ago when I came aboard. Chief Harms: Absolutely, as a matter of fact, that provided some of the incentive on the part of the department to try to move the program forward given the other responsibilities. And I'm sure we will. It's going slower than I would like. I would like to get it in place. I think it will be an excellent program for the City. One other problem we have with it is a mandated hundred seventy hours of State training. We requested approval and received it from the State to deliver it in smaller packages in twenty hours a week. Now, the problem with = a twenty hour a week program. If you take the average person who works a full-time - job, it's very difficult to get them to make that kind of a commitment on a weekly basis, so you have a very high fall out rate. So, we are going to teach it in smaller blocks. I want to try to make it convenient for the people attenting, one evening class a week, I believe, and a Saturday class which will accommodate the hours that we are committed to. Mr. Carollo: How many weeks are we talking about all together then? Chief Harms: I haven't looked at the schedule, but how ever many it takes to accommodate the hundred seventy hours. Now, we can start using them in a limited capacity in a training capacity prior to the completion of service. Correction, _ prior to the completion of training. Now, once... Yes, sir. Mr. Dawkins: Has any thought been given to perhaps using some individuals who have washed out the academy who already have a hundred seventy hours of training? Chief Harms: Well, the training is not compatible. We can't exchange one for the other. I wish we could. But to answer your question, yes, we have considered it. Mr. Dawkins: Well, explain to me where the incompatibility is. Chief Harms: Yes, sir. In the program criteria that the State has established The two programs are not synonymous, training in one does not provide qualification iri the other. Now, the State dictates to us what the hundred seventy hours will be dedicated to. Now, once that program is completed, then they are in fact, reserve officers. Now, there is some compatibility in some of the courses, but not in the overall curricular. So, let me give you an example, if we had 43 Chief Harms: (conk) an individual attend 200 hours of academy instruction to be a police officer and failed, it may be that 25 or 30 or 35 hours of that total 200 would be applicable to the other curricula. The problem you then run into is determining which ones are compatible and then getting the State to give credit for the 25 or 30 or 35 hours. If we have fall -out from the academy, as far as I know at this point, they are going to be re- quired to go through the full reserve officer curriculum. We are attempt- ing to explore that with the State now so that we can try to reduce that time as it relates to those individuals. Mr. Dawkins: Then these reserve officers have no entry into becoming police officers or law enforcement officers, it is just a pacification in order to get people on the streets, is that right or wrong? Chief Harms: It is partially right, that progarm is not designed by its nature to try to bring a policeman into the Department but to provide a vehicle to get citizens, merchants, other individuals within the commun- ity to take part in their Police Department. A very large majority of these people have regular jobs, they don't want to be full time policemen, but they feel a responsibility and a commitment to provide some level of service back to the community. Our PSA Program, a couple of other programs try to get individuals involved in being police officers, let me give you a further example. The criteria we use in this progarm is not as restrictive as the criteria we use for officers so we're going to accept many people into that program who could not qualify by virtue of age or physical condition, could not qualify to be a police officer. Mr. Plummer: Miller, I think what is most important, and I think the key to this program, is the volunteer. This is a dollar a year. And I think one of the other things is that they are required once they are certified and have been accepted, it is mandated they must serve 20 hours a month for a dollar a year. And the only other thing they have is that if they get hurt we cover them with City insurance. So it is not the kind of a program in which you're trying to get future recruitments for the Police Department which is, in fact, the PSA. That program definitely is, they're full time employees of the City of Miami Police Department, they make around $12,O00 a year and.... Mr. Dawkins: But they never matriculate to the Police Department. Mr. Plummer: Oh no, that's not true, a lot of them have. Mr. Dawkins: No, a few of them. Mr. Plummer: Well, a few of them, all right. But I'm saying, you see, we tried two years ago, Miller, to start a program of CSA's, this was a younger group than the PSA's when we would grab them right out of high school. Un- fortunately, the monies that we had for that were pulled by the federal govern- ment and we never got to that program. Mr. Dawkins: Thank you, Chief Harms. Chief Harms: Yes, sir. The next program is a comprehensive crime prevention project and it is one I consider to be the most effective that we have devel- oped and implemented in the previous years. That particular program serves as an umbrella to a number of other programs including crime watch, operat- ion identification, community involvement forums and crime prevention programs generally. Under this program, 9 sub -councils have been created and placed within 9 major geographic areas of the City of Miami: Allapattah, Wynwood, Little Havana, Overtown, Downtown, Model City, Coconut Grove, Edison and Little River. Now the object of that program is to encourage participation on an on -going basis with the Police Department and to gather, identify prob- lems and develop solutions for those problems. That was a federally funded program for two years and the funding is scheduled to run out in March of this year. I'm going to propose through another program that we extend that fund- ing until the end of September of this year when we're going to attempt to pick it up as a regular part of the budget. Again, we think that that is a very effective program for encouraging citizen involvement and served as a model around the country. Now, a program that ties in very closely to that, and Commissioner Dawkins, this is a program that you and I had discussed, is a community forum program. What we hope to do with that is to provide a forum for community leaders, citizens and city officials, department directors or assistant directors to discuss and seek resolution to problems with City department directors. Some time ago in some of my community walk throughs I became aware that many of the problems that a given community was facing 44' 41y8� 1 1 did not involve the police at all but it involved a responsibility of another City department. As a pilot project, we developed and implemented one in Culmer and we had what I consider to be a very successful meeting, we spent about 20 minutes around the table, we then got in a bus and did a tour where they could point out the problems to us and we did a walk through after that. We then came back and talked about whose responsibility each particular problem. Through that particular method, it was extremely ef- fective. Now, what we propose to do with the community forum model is to tie that in with the Community Crime Prevention Project and through the sub - councils create what we will call a townhall meeting where City officials, department directors or assistant directors and representatives of the City Manager's staff will appear or attend on a monthly basis to determine what problems the community is dealing with. It will also give the Commis- sion a good feed -back mechanism on an on -going basis from those communities that we serve. Yes, sir? Mayor Ferre: You know that I have always been a very very strong advocate of community involvement to become, if you will, the eyes and ears of the Police Department in police work. Chief Harms: Yes, sir. Mayor Ferre: And I think that is probably the single most important thing that we in this City can do and that is to get people in the community, all communities, black, white, Latin and everybody, to really be interested and involved in the safety and well-being of their own homes and neighborhoods by it being part of the I'alice Department in the way that they can be. Now, the thing that concerns me always is that these programs can only be imple- mented in certain parts of town and that those areas that perhaps need imple- mentation the most where crime is the highest is where you have the proclivity for less involvement because people just want to stay home and lock the doors rather than become part. So, in other words, what I'm saying is that it is natural for the Northeast Improvement Association to show a great deal of interest in protecting Belle Meade Island and it is a little bit harder for the neighbors in Culmer to be part of a Crime Watch operation. Chief Harms: I hope it won't be through this program because this program will use the sub -councils and the crime prevention project as the basis for the forum itself and one of those projects exists in Culmer. Mayor Ferre: Okay, I just wart to make sure that Little Havana and Culmer and Allapattah and Wynwood and the tougher areas are also as much a part. Chief Harms: Yes, sir, and I agree with you. Each one of those communities that you just referred to have a sub -council that exists, that's in effect, exists right now. - Mayor Ferre: If you remember, during the budget process I asked you speci- fically how many we had and as I remember the answer was around 19 or 20 that were functioning effectively now. Chief Harms: Are you referring to the Crime Watch Programs? Mayor Ferre: Yes. Chief Harms: Well, we had considerably more than that, some were business watch, some were community watches and this program again, the Community Crime Prevention Project serves as an umbrella for the Crime Watch Program which we try to energize through those resources. Mayor Ferre: But the problem, whether it was 19 or 60, whatever, is that, as I recall, it was less than 10% of the total that we needed. Chief Harms: Yes, sir, that's correct. Mayor Ferre: And I wanted to really make sure that we make some progress in Little Havana and Allapattah and Culmer as well as the Northeast part of town. Chief Harms: Yes, we have been making progress and again, that Comprehensive Crime Prevention Project, very important to extend funding on it, serves as i' a basis or a vehicle to develop that program. �r Mayor Ferre: Okay. Well, we need to bring this now to a conclusion because y it is 1-:3n. 45 Chief Harms: I can wrap up in just a couple of minutes. I'll tell you that in your booklet there is a review of a number of initiatives that I have dealt with in various forums during particularly the last twelve months, the presentation I made before the Dade Delegation, before the Attorney General's Task Force on Violent Crime, before Senate Select Sub - Committees on Narcotics Abuse, as a result of those presentations, I have provided the Commission with 12 initiatives that I think are particularly important and I would ask that you review those initiatives and the hand- out material that we have and then we can get back together and decide what the appropriate forum for support is and we can move forward with that as well. And I believe the City Attorney's Office will be addressing this issue after lunch. The only other item that I would like to touch on is agenda item 22 this afternoon, is recommending an appropriation ordinance in the amount of $356,192. This comes from FY '81 Legislative appropriation, specifically Bill 1135E which allocated $10,000,000 on a state-wide basis for non -recurring, one time, expenses related to crime control, corrections, or detention programs. Within that area, I have recommended six basic pro- grams which also appear as a part of your package and I'm going to ask that you fund. Now, we can address that in more detail this afternoon, but the Community Crime Prevention Project is one at $125,000, the Marine Patrol Program, Major Crime Scene and Mass Arrest Vehicle Processing Van, Special Threat & Recovery Response Vehicle, Bomb Response Program. Now, what I will do is present myself this afternoon so that I can deal in depth with any questions that you may have regarding that. Mr. Carollo: Especially, Chief, the bottom line is that the items I would like to see with the utmost importance today are the ones that we're expect- ing to get that State funding for because I understand from what we spoke about that if we don't use that money now we loose it. Chief Harms: Yes, sir, it's a use or lose situation and it is pretty nar- rowly defined in terms of what it can be used for and the recommendations I made are just those, my best recommendations to the Commission as to how the money should be expended. So again, we can touch on that this after- noon, and Mr. Mayor, I have gone beyond my allocated time. Thank you very much. Mayor Ferre: Are there any questions of the Chief at this particular time? If not, thank you for a thorough presentation, Chief, I look forward to reading this. Chief Harms: Yes, sir, there is one other point I would make. In the appendix are another 20 programs that are excellent but we did not profile today. Mayor Ferre: Tell me what this packet is that I just got about an hour and a half ago. Chief Harms: I believe that came by way of Mr. Knox, I won't attempt to ex- plain that. Mr. Knox: Mr. Mayor, the Commission can decide whether or not it will wish to deal with that, but you did charge the City Attorney's Office with the formulation of a comprehensive plan in conjunction with the report that has been given by the Chief of Police relating to several items and that was at the first meeting following the installation of the new Commission. That is the written report and we do have an Assistant City Attorney who can high- light that report. Mayor Ferre: Is this going to be addressed today, a subsequent meeting after we've read all of this? Mr. Knox: Well, I think that that would be probably the most meaningful approach, and for those who don't have copies, we can distribute them between now and the next meeting and we'll schedule ourselves at the next meeting for that purpose. Mayor Ferre: In the interest of time now, so that we can eventually move along but yet address these issues succinctly, I think the Commission should have time to review the presentation of the Police Chief and review the mater- ial that you have placed here. Then, Mr. Manager, I think that you should set aside one hour of the Commission's time perhaps at the February Meeting for the Commission to react to all of these things and come up with either a recommendation of a policy, if you will, on issues dealing with the Criminal 46 , Justice System. Is t': acceptable to everybody? Do(* anybody have any problems with that? Mr. Dawkins: No. Mayor Ferre: Unless there are any further statements or questions, we'll stand adjourned and we'll reconvene here at 2:00 O'Clock. The City Commission recessed at 12:40 P.M. and reconvened at 2:10 P.M. with Commissioner Perez and Mayor Ferre absent. 8. CONSENT AGENDA: Vice -Mayor Carollo: Before the vote on adopting items included in the Consent Agenda is taken, is there anyone present who is an objector or proponent that wishes to speak on any item in the Consent Agenda? Hearing none, the vote on the adoption of the Consent Agenda will now be taken. The Consent Agenda is comprised of Items 71, 72 and 73. Item 74 has been withdrawn. The following resolutions were introduced by Commissioner Plummer, seconded by Commissioner Dawkins and passed and adopted by the following vote- _ AYES: Commissioner J. L. Plummer, Jr. Commissioner Miller J. Dawkins Vice -Mayor Joe Carollo NOES: None. ABSENT: Commissioner Demetrio Perez Mayor Maurice A. Ferre 8.1 DIRECT C_TY CLERK TO PUBLISH NOTICE OF PUBLIC HEARING - COMPLETED CONSTRUCTION - LYNDALE SANITARY SEWER IMPROVEMENT SR-5462-C and SR-5462-S. RESOLUTION NO. 82-7 A RESOLUTION DIRECTING THE CITY CLERK TO PUBLISH A NOTICE OF PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPTANCE BY THE CITY COMMISSION OF THE COMPLETED CONSTRUCTION BY F. J. SILLER AND COMPANY OF LYNDALE SANITARY SEWER IMPROVEMENT IN LYNDALE SANITARY SEWER IMPROVEMENT DISTRICT SR-5462-C (CENTERLINE SEWER) AND SR-5462-S (SIDELINE SEWER). 8.2 AUTHORIZE INCREASE IN CONTRACT NOT TO EXCEED $7,000 - AUGUST 5, 1981 CONTRACT WITH P.N.M. CORPORATION FOR COMPLETION OF CONSTRUCTION OF RIVERSIDE PARK - CMMUNITY DEVELOPMENT PROJECT (4TH BIDDING). RESOLUTION NO. 82-8 A RESOLUTION AUTHORIZING AN INCREASE IN CONTRACT AMOUNT NOT TO EXCEED $7,000 IN THE AUGSUT 5, 1981 CONTRACT BETWEEN THE CITY OF MIAMI AND P.N.M. CORPORATION FOR THE COMPLETION OF CONSTRUCTION OF RIVERSIDE PARK - COMMUNITY DEVELOPMENT PROJECT (4TH BIDDING), WITH FUNDS THEREFOR TO BE PROVIDED FROM 7TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. 8.3 ACCEPT COMPLETES WORK - SOLID WASTE FACILITY - SITE REDEVELOPMENT. RESOLUTION NO. 82-9 A RESOLUTION ACCEPTING THE COMPLETED WORK OF D.M.P. CORPORATION FOR THE SOLID WASTE FACILITY - SITE REDEVELOPMENT AT A TOTAL COST OF $340,494.75; AUTHORIZING AN INCREASE IN THE CONTRACT IN THE NET AMOUNT OF $1,714.14; AND AUTHORIZING A FINAL PAYMENT OF $37,139.00. NOTE FOR THE RECORD: AGENDA ITEM 74 WAS WITHDRAWN. 47 9. AUTHORIZE ISSUANCE OP VARIOUS WASTE COLLECTION LICENSES. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-10 A RESOLUTION AUTHORIZING THE ISSUANCE OF WASTE COLLECTION LICENSES TO GENERAL HAULING SERVICE, INC., INDUSTRIAL WASTE SERVICE, INC., MADELU WASTE SERVICE, M & J PERROTTA WASTE SERVICE, RAFAEL & ROBERTO TRASH SERVICE AND UNITED SANITA- TION SERVICES, PERMITTING THEM TO COMMENCE DOING BUSINESS UPON FULL COMPLIANCE WITH CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA (1980). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo NOES: None. ABSENT: Commissioner Demetrio Perez and Mayor Maurice A. Ferre. 10. RATIFY, APPROVE PAYMENT TO LAW FIRM OF BROWN, WOOD, IVEY, MITCHELL PND PETTY FOR LEGAL SERVICES - BONDS & S.E.C. COMPLAINT. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-11 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING PAYMENT IN THE AMOUNT OF $31,551.36 TO THE FIRM OF BROWN, WOOD, IVEY, MITCHELL & PETTY FOR LEGAL SERVICES PROVIDED TO THE CITY FROM OCTOBER, 1979, AND EXTENDING TO APRIL, 1980, RELATED TO THE COMPLAINT FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND FOR LEGAL SERVICES RENDERED THE CITY IN CONNECTION WITH THREE ISSUES OF BONDS FOR PUBLIC IMPROVEMENTS IN THE AMOUNT OF $9,150,000, WHICH WERE SOLD IN AUGUST, 1981. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo NOES: None. ABSENT: Commissioner Demetrio Perez & Mayor Maurice Ferre. 11, AMEND RES, 81-197; HECTOR, STEEL & DAVIS, SPECIAL COUNSEL CLAIMS ARISING DURING CONSTRUCTION OF THE CONVENTION CENTER. The following resolution was introduced by Commissioner Plummer, who — moved its adoption: RESOLUTION NO. 82-12 A RESOLUTION AMENDING RESOLUTION NO. 81-197, WHICH AUTHOR- IZED THE CITY ATTORNEY TO ENGAGE THE SERVICES OF THE LAW FIRA OF STEEL, HECTOR & DAVIS AS SPECIAL COUNSEL REGARDING CLAIMS AGAINST THE CITY ARISING FROM THE CONSTRUCTION OF THE CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT INTER- NATIONAL CENTER BY AUTHORIZING ADDITIONAL PAYMENT FOR THESE SERVICES IN THE AMOUNT OF $25,000 ON A RETAINER BASIS; AUTHORIZING PAYMENT FOR THE AFORESAID SERVICES FROM FUNDS ALLOCATED FOR ADMINISTRATIVE EXPENSES OF SAID CENTER CON- STRUCTION; FURTHER PROVIDING THAT NO MONIES IN EXCESS OF THE HEREIN AUTHORIZED SUM BE EXPENDED FOR SUCH SERVICES UNLESS EXPRESSLY AUTHORIZED BY THE CITY COMMISSION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo NOES: None. ABSENT: Commissioner Demetrio Perez and Mayor Maurice Ferre. 12. RETROACTIVELY AFFIRMING ACTION OF CITY MANAGER; CONTRACT MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-13 A RESOLUTION RETROACTIVELY AFFIRMING THE ACTION OF THE CITY MANAGER IN EXECUTING THE CONTRACT (ATTACHED) BETWEEN THE STATE OF FLORIDA DEPARTMENT OF VERETAN AND COMMUNITY AFFAIRS AND THE CITY IN THE AMOUNT OF $20,000 FOR PLANNING DEPARTMENT SERVICES IN UPDATING THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, FUNDED THROUGH THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT ASSISTANCE PROGRAM FOR THE 1981-1982 PROGRAM YEAR. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo NOES: None. ABSENT: Commissioner Demetrio Perez and Mayor Maurice Ferre. 49 13. AUTHORIZE AGREEMENT: CONCESSION WITH ST. PATRICKS DAY PARADE COMMITTEE. NOTE: Mayor Ferre entered the meeting at this point. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-14 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A TWO-DAY CONCESSION AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, WITH THE ST. PATRICK'S DAY PARADE COMMITTEE, INC., FOR CONCESSION ACTIVITY AT BAYFRONT PARK, MARCH 13 AND 14, 1982, DURING THE SCHEDULED ST. PATRICK'S DAY PARADE AND CELEBRATION AT SAID PARK. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Mayor Ferre, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: Commissioner Miller J. Dawkins ABSENT: Commissioner Demetrio Perez. 14. PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS. 1. Presentation of Proclamation to Emilio Milan The following motion was introduced by Commissioner Carollo who moved its adoption: MOTION NO. 82-15 A MOTION TO WHOLEHEARTEDLY ENDORSE THE AWARD OF A PROCLAMATION HONORING EMILIO MILAN FOR HIS COURAGE. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. 30 JA,, .141982 9 2. Presentation of Commendation to the outstanding officers of the month of October, 1981, Officers Raymond Martinez and Steve Rossbach. 3. Presentation of Commendation to the outstanding officer for the month of November, 1981, Officer Diosdado Diaz. 9. Motion of condolences to the family of Garth Reeves, Jr. The following motion was introduced by Commissioner Dawkins who moved its adoption: MOTION NO. 82-16 A MOTION EXPRESSING THE SINCERE CONDOLENCES OF THE CITY OF MIAMI AND OF ALL OF ITS CITIZENS TO THE FAMILY OF GARTH REEVES DUE TO THE UNTIMELY PASSING AWAY OF HIS SON, GARTH REEVES, JR. 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. 5. Motion of condolences to the family of Irwin Christie. The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 82-17 A MOTION EXPRESSING THE SINCERE CONDOLENCES OF THE CITY OF MIAMI AND OF ALL OF ITS CITIZENS TO THE FAMILY OF IRWIN CHRISTIE ON THE SAD OCCASION OF HIS PASSING AWAY. 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. 6. Proclai-n Friday, January 15, 1982 as Dr. Martin Luther King, Jr. Day and commemorating his birthday. The following motion was introduced by Commissioner Dawkins who moved its adoption: MOTION NO. 82-18 A MOTION HONORING AND COMMEMORATING THE MEMORY OF DR. MARTI14 LUTHER KING, JR. ON THE ANNIVERSARY OF HIS BIRTHDAY. 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. 7 Presentation of Commendation to La Liga de Softball de Cuba Libre for its promotion of softball in Miami and proclaiming December 11, 1981 Dia de la Federacion de Softball �de Cuba Libre. 'J1 C NOTE FOR THE RECORD: AGENDA ITEM 3 WAS WITHDRAWN. 15. CONFIRM ASSESSMENT ROLL: GARDEN HIGIfIAY IMPROVEMENT H-4374. Mayor Ferre asked if there were any objectors to Item #4. NO OBJECTORS APPEARED. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-19 A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF GARDEN HIGHWAY IMPROVEMENT IN GARDEN HIGHWAY IMPROVEMENT DISTRICT H-4374; AND REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT NOT HEREBY CERTIFIED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner 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: Commissioner Joe Carollo. 16. DISCUSSION ITEM: BOAT SALES AT THE NEW WORLD MARINA (MIAMARINA). Mayor Ferre: Boat sales at the New World Center Marina. That should be a relatively quick item, shouldn't it? Howard, what is the problem on that, any problem? Mr. Gary: It needs Commission approval. Mr. Plummer: I move it. Mayor Ferre: Is there a second to Item G? Mr. Dawkins: I second for the purpose of discussion. Mayor Ferre: All right, under discussion. Mr. Dawkins: To me, this is another one of the sweetheart deals and I just want to go on record as saying that. Mr. Plummer: Well, excuse me now, because then obviously you know something that I don't, Miller, because I went through this arrangement and this arrange- ment I think is a fair situation because what we are getting back is the same percentage of revenue that we would on dock space. This is called for in the lease, and if there is something that you know about it that I don't, I woulc appreciate you putting it on the record. I don't know how you can do it any other way except that they get on the gross sales, they've guaranteed a min- imum of $50,000 up front. My only concern in this thing was, in fact, the Charter amendments which neither one apply and I personally felt that it was a fair return as to the City's percentages that applies to they primary lessee 32 Mr. Dawkins: Well, Mr. Plummer, I have here the management agreement and it says that, the part that I have trouble with is that it says, New World, during the term of the agreement, all of the following items shall be deducted from gross dockage receipts and that's all taxes, utility charges, utility, telephone, sewage, waste, the utility authorities which are the responsibil- ity of New World to collect, and then it goes over to the next page and it says, Payment of Utilities and I just feel that we are paying for services subsidizing their operation, that's just my personal opinion. Mr. Plummer: Excuse me, Miller, we are not voting on the lease for New World Marina, this is a sub -lease of Christ Craft Boat Company as a part of that operation. Mayor Ferre: Yes, but his point is still valid. Mr. Plummer: •Well, what he is saying is the sweetheart deal was the New World Marina. Mr. Dawkins: Yes, that's what I'm saying. Mr. Plummer: This is not what we're voting on. I think that which we are as a sub -lease to them and I think that the return on this is very fair to the City. Mr. Dawkins: Well, I don't, you know. Mayor Ferre: I might just add that also I think that bringing Chris Craft to the downtown area is a tremendous plus for the general downtown area and the City of Miami and for the boating industry and the marine world as a total. Now, I think that Commissioner Dawkins has expressed his opinion and we have to respect his opinion, he is entitled, of course, to his opin- ion and we're entitled to our's individually. Now, this is a matter that has been done and it was voted upon, we went through the public process, we went through the whole thing, this thing took years and years of arguing to finalize, it has been finalized, the marina has been managed by the pri- vate sector, and every report that I get is that there is a significant improvement in the services that have been rendered and that the tenants are much happier, the marina is being run much better and the City of Miami is getting a much better return than obviously it got before. Now, whether or not it could have gotten a higher return ever, is something that, of course, who can argue that, that could be. Now, Commissioner Carollo would like to make a statement, but we must move along. We'll wait for him, but tell him we're waiting. He sent his assistant in to make sure that before we voted that he wanted to make a statement into the record and I think we owe him that. If he hadn't sent word to us we would have voted on it but since he did... All right, Commissioner Carollo, we have waited until you returned and we're getting ready to vote on Item G. You wanted to make a statement. Mr. Carollo: Mr. Mayor, my concern, and I don't know how much has been talked about when I wasn't here, was the information that I have received on the type of lease that we signed with the people that are holding this contract. If the information that I have been given is anywhere near accur- ate, we signed a pretty lousy lease with these people. What I would like to do is get some explanation from the Manager. Mayor Ferre: Mr. Manager? Mr. Gary: First of all, with regard to the lease, obviously we have been going through this lease for two or three years and my estimation in terms of whether we get a fair return on the lease, obviously the appraiser says we get a fair return. I think the issue is whether we can get a better return or whether they run it or whether we run it and I conclude that we can. The issue now is that we have a four year lease with a four year op- tion which is a binding contract and obviously we cannot get out of that and I'm not probably going to be around in eight years when we have the option, but I would.... Mr. Carollo: You never know, Howard, you never know. Mayor Ferre: Look at me, I've made it eight years. There are some people that wouldn't have bet on that. Mr. Gary: I would suggest certain changes to that lease which would -53 include a greater percentage coming to the City as opposed to the 75/25 split particularly in view of the fact that the business side of it doesn't have to put upo any substantial capital, we have to do the maintenance, and particularly in view of the fact that certain costs are excluded from any returns to the City. so I would recommend, and probably my predecessor or someone that comes after me that we get a better arrangement than we have now because I don't think we really are getting the type of return that we can get. Mayor Ferre: Are you talking about with Chris Craft? Mr. Gary: No, we're talking about the lease which is what he was talking about. Mayor Ferre: No, we have an item before us... Mr. Gary: Mr: Mayor, I was responding to what he was asking which was the lease. Mr. Carollo: Yes, I made a question, Mr. Mayor, that I wanted to know on the original lease that we have for this, what kind of a return are we getting. Are we getting a good return, are we not or what situation are we being faced with? Me. Plummer: Joe, let me tell you which is a ha-ha. It was said by even the worst opponents.... Mr. Carollo: J. L., before you give me the ha-ha bit, I would apprecip,ce it if the Manager gives me the bottom line of what I'm asking for. Mr. Plummer: I shall wait. r Mr. Carollo: Thank you. Mr. Gary: In conclusion, Vice -Mayor Carollo, as I said before, I think we could have gotten a better return even though we are getting a fair return according to the process and the appraiser's analysis of it. It would ap- pear that at this time, that you as the City Commission could possibly use the Chris Craft operation or the proposal as a leverage for any concessions you may want them to give up on the other parts of the lease. Now, that is a legal issue that obviously has to be addressed by the City Attorney. Mr. Carollo: In your estimation, how much more can we be getting if we would have had the right type of contract? Mr. Gary: Well, the initial analysis was done when I immediately took over office, that with our current staff and the old rates that we would have made a very small profit. However, if you recall, the City Commission ap- proved new rates which obviously would have allowed us to make a greater profit even if we had maintained our own staff there. But obviously this is hindsight for the mere fact that at that time when it was being consid- ered the new rates were not anticipated and we were not making a surplus in operation out there. Mayor Ferre: Absolutely they were anticipated and they are a part of the thing that we voted on. Mr. Gary: I may want to refute that, but I will take your word for it right now. Mayor Ferre: Two members of this Commission of the five that are here were present at that time when this matter was voted on. The contract very specifically deals with how rates are increased. It was obvious to all of us, I think, when we voted on it, that there would be an increase of rates. Now, I don't understand what that means. Mr. Gary: Obviously, if you read the contract, the contract addresses how rates will be increased and what I'm saying, I'm not saying how rates will be increased but I'm saying that approximately a year ago the City Commis- sion six months ago anticipated increasing rates at Dinner Key and Miamarina and I'm saying because of those increases it is based on the cost of operat- ing that facility which means that if we had a $10,000,000 facility out there the rates would generate enough revenues to offset the $10,000,000. Obviously, anybody could run a business if you can automatically increase your rates to equal your expenses. F9 54 Mayor Ferre: That's assuming that the rates are fully kept by the Manager. Mr. Gary: By the what? Mayor Ferre: By the manager, the people who have the contract. They don't own the facility, we own the facility. What they're doing is managing. Now, when the rates increase, do they keep the full extent of the rate increase? Mr. Gary: This is not a management, in my estimation, that's close to Biscayne Recreation. Mayor Ferre: well what is it? Mr. Gary: It's a lease. You have a pure lease with them. You're leasing out your facilities there. Mayor Ferre: when the rates are increased don't we get the majority of the rate.increase?. Mr. Gary: You get the same 75/25 split that you're getting ordinarily. Any- thing that he adds, for example, on Chris Craft, you get 75/25.... Mayor Ferre: But that's not the point? Mr. Gary: No, it's not the point I was trying to make to you. The point I was trying to make to you is that you had agreed to increase the rates to equal the cost of running the facility regardless of what the cost is and I'm saying with any kind of business venture where the revenues can automatic- ally increase to equal expenditures, the cost could have been $10,000,000 and you still could have increased the rates by $10,000,000. I'm just saying in the future you need to look at the 75/25 split in terms of whether if we main- tain it or operate it whether we get the same 75% and keep it in our pocket as opposed to giving it to somebody else. Mr. Carollo: Mr. Manager, I'll tell you what I would like to have before I vote on this is a study and recommendation from you as to how much could the City have been making in addition to what we're making now if we would have kept Miamarina ourselves and have ran it ourselves. At the same time, and after you give us that report, a recommendation from you as to how you feel we could work out any additional benefits to the City in using this item that is before us now as leverage, if we could at all. I would really like to see in black and white some figures on this whole thing here. Mr. Gary: Yes, sir. Mayor Ferre: Let's make sure, Mr. Manager, we revisit the whole issue. The issue, Mr. Manager, is whether or not the City of Miami as a governmental entity should be involved in building and operating marine facilities. As you recall, and at that time, Commissioner Carollo was not a member, Commis- sioner Dawkins and Commissioner Perez were not members of this Commission. We spent literally two years, maybe three, debating the issue as to whether or not the City was better served in running these marinas or getting out- side managers to run the marinas the way it is done in California. Now, in California, the City of Los Angeles, Long Beach or what have you do not own these marinas, they - and I see Stuart Sorg here, Stuart Sorg was one of the people that went to California and many others went to California to see why California was the number one marina area in the United States and why we weren't further along in Florida than they are in California. The conclusion was that in California, for example, take Long Beach, there were 16,000 slips in little Long Beach which is more than there are in all of Dade County. And the reason why Long Beach had so many marine slips was because Long Beach like every other city in California did not get involved in the marina business, it let the private sector do that. So based on all of that, we concluded that we could probably build more marinas here if we could get the private sector to become involved in this process. Now, if we're going to go back and start questioning that particular item I think we've got to question the whole premise again because obviously the Miami Herald and the Miami hews and the other media around here have decided over the years that the City should not lease any of these properties or let anybody manage it. Now, the City of Miami had a marina operation, with all due respects to Bob Jennings and all the other people that were involved in it, that was a monstrosity. We never repaired anything, the service was terrible, it was a sloppy operation, the employees were all protected by Civil Service, we couldn't fire anybody, nobody could get anything done, they'd say they would do it, repair a dock or an electrical problem in a 55 month and it would take three years to get something repaired, on and on and on. So we decided that yes, we would run the Police Department and yes, we would run the Fire Department and yes, we would run our parks but no, we would not run our marinas because the private sector could do a better job of running these marinas because of all of these constraints and that's the way they do it in Oregon and California and in Texas and wherever they have marinas. So that is the background of all of this. Now, this is a new Commission and I think if we are going to revisit this issue I think we should revisit all of the issues, the whole thing all over again and let's have a big open discussion on this thing as to whether or not the City of Miami should go back to the marina business. Mr. Gary: Mr. Mayor, if I may, I was just bringing out the issues as re- lates to the lease as directed me by the City Commission. I think the is- sue still remains as to whether or not legally, because we have a binding contract, whether or not we can prohibit them to develop at the marinas. I think in all fairness to the firm that has the lease, we must understand that we have a requirement in that lease that they develop the marinas. So if you decide, if it is legal first of all, that we can withhold them from doing this that we also have to give them credit in terms of their evaluat- ion in terms of not doing it pursuant to the contract. You can't have it both ways. So those issues have to be addressed so that the City Commission will know up front whether or not they're making a proper decision. I think the Law Department has to determine whether or not we can withhold this right (1) and (2), if we can withhold the right and the City Commission so desires, whether or not we have to give them a grace period or credit for proceding to do this and not evaluate them negatively for not having done it. Mayor Ferre: All right, where do we stand on this then, George? Mr. Knox: The agreement does provide that the lessee shall develop the marina. The agreement also provides that development activities have to be, after obtaining prior approval of the. City Commission and in addition that this approval shall not be unreasonably withheld. That is precisely what the agreement says, such that if a decision is made by the Manager or the City Commission as appropriate to impair the ability to develop the marinas then the reason for denying them that opportunity cannot be one that would be determined to be unreasonable. - Mayor Ferre: Well, then what does that mean in English? Does that mean that we can or we can't? Mr. Knox: That means that if you do the record should reflect an articula- tion of the reasons why so that if there is a court review the court can determine whether or not the Commission has acted unreasonably or capriciously. Mayor Ferre: All right, now, one of the members of the Commission has asked the Manager to review the whole issue. Is that unreasonable? It doesn't seem unreasonable to me. Mr. Knox: No, that would not be determined to be unreasonable, and based upon that evaluation the City Commission could very easily conclude that it should not permit the lessee to engage in the kinds of development activities that the contract calls for. Mayor Ferre: So I think what we need then, as I understand it, is the with- drawal of the previous motion that was made and a motion to continue this item until we have a report from the Manager. Mr. Carollo: That would be fine, Mr. Mayor. Mayor Ferre: Do you have any problem with that? Mr. Dawkins: The only problem I have is that Chris Craft has come to us in good faith and they, I mean I do not feel that Chris Craft should be penal- ized for my dissatisfaction with the sweetheart and that's my opinion, what I call a sweetheart deal with the other people. And we are trying our damndest to improve the image of Miami. And with that in mind, I would, although I'm against it in principle, go along with the idea not to penal- ize Chris Craft. Mr. Carollo: Well, Mr. Mayor, I understand what your feelings are, I share the same feeling of concern, I don't think that by us waiting to the next Commission Meeting should this jeopardize any of the arrangements that Mr. 4V Post might have with that firm and I think the Manager should have plenty of time to give us a report back. I, however, do not want to have to vote in the negative now against Mr. Post and his firm until I have that inform- ation. I think it would help me greatly in deciding which way to go. Mayor Ferre: Tom, do you want to address the issue or not? Mr. Gary: No, Mr. Mayor, if I can before. In view of some of the concerns that some of the City Commissioners raised to me, the report that Commis- sioner Carollo is asking for, I had my staff to begin to work on it and we now have - I haven't had a chance to fully review it, but we now have a report which is about three pages and I would be happy to give that to the City Commission. I just wanted to let you know that I have the report. Mayor Ferre: And what is the conclusion of the report? Mr. Gary: Let me just look at it. Mr. Tom Post: Mr. Mayor, if I could. Very briefly, you're really raising two issues here, one is the essential contract which this Commission reviewed for three years and went through appraisals and everybody reviewed and sug- gested. I want to point out to you that I wouldn't be here today and Chris Craft wouldn't be here today coming to Miami but for that contract because one of the things that you asked us to do with that marina was to make it a full service marina. That marina had lost a substantial amount of money for the City in the previous years, in fact, you had to borrow a hundred and some thousand dollars to replace a pier there a year ago from Dinner Key Funds. Now, in that three year course of time I saw so many figures on funding and dollars coming from here and the value of what was being paid out, it was really impossible for anybody to tell what the City was making or losing at _ Miamarina but it was clear that they were losing because of the condition of the marina, the condition of the boating community because the marina was not being utilized and because the tenants were up in arms. What we have been able to do, irrespective of all of that was take that situation and turn it around and to bring to you today, as we are, a company of the stat- ure of Chris Craft to come to the City with the understanding that they are going to provide an additional facility at the marina, going to help in national publicity for the facility, is something that you would not have but for our efforts and that was one of the things that the Commission told us was the basis for the contract - you go out there and work your tail off, New World Marinas, and try to develop this into something that the com- munity can be proud of and that is what we have attempted to do and we're bringing to you one of the finest companies anywhere in the world at your doorstep, who have indicated that they will make every attempt to utilize that marina to show the City of Miami as a backdrop for their boats in — their national publications..... Mayor Ferre: Tom, nobody is arguing with that, I think the only request, and perhaps you might answer it and we can get on with this thing is whether or not the Commissioner's request that this item be delayed until February llth which is the next meeting will do you irreperable harm. Mr. Post: Yes, sir, it will. Very simply because the Chris Craft people have their boats here, they have to credit those boats, they pay a banker and they pay interest. They have a contractor who they've paid, we have done all of this with the City's staff for three months and today is the first time I find out about it. Major Ferre: Well, they're the ones that are pulling the rug on you. Mr. Post: I realize that, I see that. I see that. Okay? Mr. Dawkins: They're not holding the rugs because I think Mr. Gary did right because I would be just as mad now had it been approved as I am if he is bringing it to me now. So dpn't feel that nobody is pulling the ruq. Mayor Ferre: We could have told him yesterday. Mr. Post: I understand what you're saying. Mr. Dawkins: He did know yesterday, he was in my office yesterday. Mr. Post: That's correct. What I'm saying is we've been working with the City's staff for three months on this eement.... Mayor Ferre: So the record will reflect, because I know that you, perhaps were not listening on this thing, I didn't say that you pulled the rug on him, I said that this memorandum that the Manager is now floating out on top of the table pulls the rug under Tom Post and Chris Craft and I'm say- ing that that is something that they should have been notified about before this matter comes to a head and I want to hear from the Chris Craft people. Mr. Plummer: I'd like to hear from the Manager. Now, unless, Maurice, you have seen this memo, I haven't, I don't know what it says. Mayor Ferre: I assume that that's why he is bringing up this discussion that this is such a bad deal is that he has a memorandum that says that this is a bad deal. Mr. Gary: No, let me speak for myself. First of all, this memorandum was prepared, it is dated January 14th, it was prepared in response to questions that members of this City Commission have asked me that I was not in a posi- tion to respond to. It is just an informational memorandum, it was not in- tended to pull the rug, but a response to a request by this City Commission. Now, why he is not aware of it, first of all, I don't work for him, I work for this City Commission and that is why I did not provide it to him. Mayor Ferre: Well, you haven't provided it to us either which we would like to get a copy of.... Mr. Gary: Well, I was just trying to let you know that I had begun the process in response to Commissioner Carollo. Mayor Ferre: Well, what is the conclusion of the memorandum, Mr. Manager? Mr. Gary: The conclusion of the report, based on the new rates that are now in force now in Miamarina is that if the City had maintained that facility with its existing personnel we would have made a surplus of $522,000. Mayor Ferre: And how much are we going to make now? Mr. Gary: What we're going to make now, at worst, is $81,000 or at best $123,000 according to this report. Mayor Ferre: Okay. Why don't you conclude. Mr. Post: If I can address the problem. One is the Chris Craft situation, and you asked me what was the problem with any delay on the Chris Craft sit- uation, let me go ahead and finish that and I'll come back to this other issue. The problem is (1) The Building Permit has been issued, the Chris Craft people are here and want to proceed, they have already paid a con- tractor to get started on that. (2) The boats are here and they've got financing of those boats and the interest on those boats is substantial. (3) We may lose Chris Craft if we don't proceed. Now, on the issue of the memo of the 14th which is today, I have not seen that but what I can tell you that I have seen is numerous memos relating to financing throughout the various years that we've been dealing with this problem. It is difficult for me to comment on something that I haven't seen, but I can tell you this, positively without any question whatsoever, all you have to do is to think back to last year when Miamarina was going broke, when they had to borrow money from Dinner Key to operate it and when the whole marina situation was in chaos. And we've come through and we're producing money for the City and we've developing the marina and we're bringing business into the City and you sat here this morning looking at services that you are concerned about, the funds that we will bring in will be additional services to the City. Now, we've done what you asked us to do when we signed that contract agreement. We have gone out and we have worked very very diligently to develop the marinas and Mr. Knox is correct, you asked us to make them into a full service marina and you asked us in connections with any concessionaires to let the City Manager approve the concessionaire and that approval should not be unreasonably withheld. Well, you have put the Chris Craft people into a position where we're coming in here with one of the finest companies in the world who have expended substantial funds in planning, preparation, review, time, effort, materials, lined up banks, have already obtained the bond, obtained their insurance, obtained everything that they needed and they did it with the full, if I'm not incorrect at all, Mr. Gary, but with the full assitance of the City staff, we have met, we have reviewed these things, it was indicated to us all along the way that this was a fine company and that these people should be brought in and, you know, they are going to substantially be hurt if this thing is not resolved today, we're going to lose them. jQ Mr. Dawkins: Mr. Post, the only thing I want the records to reflect, and that the citizens of Miami realize is that in the event that Chris Craft sells $10,000,000 worth of boats over the next eight years of your contract, you and your company will receive 7.5 million dollars and the City of Miami, of that contract alone irregardless of whatever else your company makes, will receive 2.5 million. That's the only thing I want the citizens to understand. Mayor Ferre: Wait a minute, because I think the figures on this are.... If Chris Craft sells a $100,000 boat, I think Chris Craft expects to be paid something out of that.... Mr. Dawkins: No, I said his company. I'm sorry, Mr. Mayor, I said that if Chris Craft paid the development company or whatever this marina is, I did not say what Chris Craft's net was. Mayor Ferre: well, how much will Chris Craft be paying the company as a percentage of'a sale if they sell $100,000? Mr. Post: Chris Craft has guaranteed to pay at least $50,000 worth of com- missions to New World Marinas..... Mayor Ferre: $50,000 worth of commissions for one boat, for one hundred boats? Mr. Post: No, sir, for a year. Mayor Ferre: Minimum. Now, look, Tom, would you please let me run the meet- ing by answering questions rather than going on tangents? I know that you're nervous and I know this is important to you but would you please just listen for a moment? Mr. Post: Yes, sir. Mayor Ferre: Now, the question I'm asking you is, so I can get it clear in my head, is the $50,000 is the minimum, what percentage of the total will Chris Craft be paying the company? Is it 1%, 10%, 2t? What percentage? Mr. Post: Well, first of all, I'd like to give you a copy of the letter that sets it out very specifically. Mayor Ferre: Just answer the question. Mr. Post: I'm not sure I understood your question, Mr. Mayor. Mayor Ferre: What is the commissions that they are paying for them selling boats? Mr. Post: They're going to pay 2.5% of all gross receipts in excess of a million dollars. Mayor Ferre: That's all I want to know. Mr. Post: And it is a floating scale up from there. Mayor Ferre: Up to what? Mr. Post: Up to 5% over $5,000,000. Mayor Ferre: So for somebody to make $10,000,000 in this thing they would have to sell $400,000,000 or $500,000,000 worth... Mr. Post: More than that. Mayor Ferre: A billion dollars worth of yachts to be able to get 2 to 5%, so in other words it isn't something in that magnitude. Mr. Post: That's correct. Mayor Ferre: I just wanted to get that clear because I wasn't quite sure that we were talking about figures of that sort. Mr. Post: That's correct. Mayor Ferre: How much does the City receive and how much does your company? Mr. Post: The City receives 25% of any concessionaire receipt that we receive. And you all may recall that when they reviewed these they looked at marina operations all around the world and the normal range was 20• and we pay 25% and we're going out and expending all our efforts to go out and get there people and bring them in here and do all these other things that are necessary to bring these Ether concessions in here in order to bring some more money in in order to get the City some more funds. Mayor Ferre: Could we hear from Chris Craft? Mr. Post: Yes, sir. This is Walter Schumacker. Mr. Schumacker is one of the four national owners of the entire Chris Craft Corporation. Mayor Ferre: All right, Mr. Schumacker, please understand that this has nothing to do with you or your corporation of Chris Craft, this has to do 60 JA N 14 1982 I —i 4 Mayor Ferre: (con't) the policy question with regard to how the City oper- ates has nothing to do with Chris Craft. Now, the statement has been made, the motion was made by Plummer, seconded by Dawkins. Dawkins then said that he thought, - it had nothing to do with Chris Craft - but he thought that this was not a good deal for the City and he just wanted to record that as a matter of principle, but he later declared that he was ready to vote on it. because he didn't want to hurt Chris Craft. Commissioner Carollo, who was out of the room came back, because he wanted to make a statement and he wants this whole thing revisited and that we vote on it February llth. I think that is a reasonable request on the Commissioner's part. The question is, will it do irreparable harm to Chirs Craft? Mr. Carollo: Mr. Mayor, excuse me - I said at the next meeting, which is the 28th, two weeks from now. Mayor Ferre:' That is not a regular - that is a zoning meeting.. Mr. Carollo: It would be the llth then? Mayor Ferre: Yes. Mr. Post: Mr. Mayor and Mr. Commissioners... Mayor Ferre: The question then, Post says "yes, it will do irreparable harm and that is what we want you to address. Mr. Schumacher: I would like to make some comments on that and I would very much appreciate if you could make a vote today on the basic issue and our corpora- tion entered into an agreement several months ago with New World Marina and our legal staff reviewed the proposed agreement with New World and the City of Miami which called for any sub -lease or any concessionaire approval only re- quiring the City Manager of Miami's approval, which we have obtained from the City Manager, and he had indicated to us that he wanted concurrence of this decision by the City Commission, for which we are here today. Now dur- ing our staff's meeting with the staff of the City, we have obtained a build- ing permit for our office; we have put a substantial down payment over one- third the price of the construction of the office. We have had $1,000,000 worth of inventory boats moved into the Miami area to go into the locations which we have leased and we have entered everything in good faith, hoping for a start approximately January 1st. It was only shortly before New Years that we realized that the City Manager was requiring concurrence from the City Commission of his favorable acceptance of our concessionaire and sub- lease with New World Marina. So we are right now in a position that we have employees hired; we have boats in inventory which we are paying interest charges on since before Christmas. We have a contractor hired and we have an organization complete and ready to go and another delay is going to cost us irrevocable harm in starting a new corporation which is called Skies Dell Marine. and we feel basically that Mr. Post is doing what his four year lease with the New World Marina has with the City. He is acting in good faith and we are too. Mayor Ferre. Mr. Manager, have you approved this item? Mr. Gary: Mr. Mayor, when the idea came to me from Mr. Tom Post, I told Mr. Tom Post that it was a good idea, but because of the magnitude of the pro- ject I would not give him permission even though the lease says that the City Manager has that authority, and I thought it was important that the City Commission review the plans and that the City Commission make the decision. Mr. Carollo: What is your recommendation, Howard? Mr. Gary: I think it is a good idea. I think they should be allowed to con- struct it, and the problem is like I said before, I think we had a bad lease which we signed now. Mayor Ferre. What do you wagt to do? Mr. Plummer: Mr. Mayor, I suggest that this is the type of thing that in a contract as written, that no action on the part of this Commission today says we have no objection and the man can do what he wants. He has already Id told us he is going to approve it. L JAN 1 41982 0,11 li"'. Mr. Carollo: Well, Howard, if you are in favor of it all, what is the use of going through this whole you know, shannanigans here. I mean, I know Tom has been giving us song and dance here how important it is for this, for that, but let's not kid ourselves, but bottom line is it is important for Tom and his corporation, because they are going to make good profit on it, and that is where it lies. I just want to see just how much profit are they making compared to what we could have been making and we are making now? Mr. Gary: This lease, as well as other leases, and you will find them all through -out the Cable T,V „ there are certain authorities that the City Com- mission gives the City Manager, unilaterally. Then my position. that if it is controversial in nature or substantial in nature, that the City Commission should have a sign -off without me signing it unilaterally. Now, what I informed them was that I thought it was a good idea, but it should come before the City Commission and while we were going through this process, the issue of how much the City would get out of it came about, and as a result of those questions, I began to have my staff to do the report, and the report was to reveal whether or not - and it has nothing to do with Chris Craft - whether or not the lease that we have now, whether the City is getting a fair share or can get a better share. Mr. Carollo: Well, let me make my position clear regardless of what decision you have made. I want that report. Mayor Ferre: Alright, I think where we are is this. Let me see if I understand this properly. This is not different from how we deal with the Law Department. The Law Department has certain authorities that are automatic, like for example, when an issue is lost at a lower court, they automatically are under instructions to appeal it. Now, usually, because of the magnitude of an issue, the City Attorney b7ings it to the Commission and informs the Commission. If the Com- mission...che Commission can do one of three things. Tell them not to appeal it and drop it; in other words, stop the normal process. No. 2, it can approve it and say 'go appeal it", or it can do nothing, and that means he continues his normal course, which is to appeal it. Now, this is the identical case. This Commission can do one of three things. It can tell you not to do it, after you have informed us that you have. It can instruct you to do it, or it can Just be mute on the point which is an implication that you continue on your normal course. We have been informed; you go do your job. Mr. Plummer: I withdraw my motion. Mr. Dawkins: I withdraw my second. Mayor Ferre: Alright, at this point there is no motion or second and the Com- mission I assume is going to remain mute on this point, however, you have been instructed by a Commissioner to fully inform him and make a report and I would expect that you would do that. Alright now, we are now moving along to the next item. — Mr. Plummer: Wait, wait. Now, it is my understanding that Commissioner Carollo is asking and directing the Manager to revisit the lease. Mayor Ferre: No. I don't think he has the authority unilaterally to do that. He wants a report to him about the whole issue. Mr. Plummer. Okay. Then, are we to assume, Mr. Mayor that since this, by the worst opponent, was said to be a 20% better lease than the one existing in the rear here, that that one is also going to be re -visited because they were all done at the same time. Mayor Ferre: You can ask the Manager to do that, just like Commissioner Carollo can. Mr. Plummer. The downtown was supposed to be so much better a lease than the Dinner Key, so I think since we are questioning the one downtown, we then must definitely question Mayor Ferre. Further discussion? Alright we now move along to the next item. 62 M 4 .4 17. PERSONAL APPEARANCE: PHIL HAMMERSMITH REGARDING CITY REGARDING CITY COOPERATION WITH THE FILM INDUSTRY. We are now on Item 6 which is Phil Hammersmith. Mr. Hammersmith. Mr. Hammersmith: Philip Hammersmith. I live at 3943 Segovia Street, Coral Gables. What I am here today before this Commission is to more or less preventative measures, or preventative medicine and the problem arose in the ... within the Administration of the City of Miami. We had an incident about two weeks ago concerning Allstate Company which had come down here to film, wished to film in the Dinner Key Auditorium through Mary Lee Lander who is here as the Dade County Film Coordinator. We attempted to resolve the matter through Administrative Relief and Mr. Young in the Dinner Key Auditorium Department and Mr. Cesar Odio. During the conversation with Mary Lee Lander, they informed her that the fee for the Dinner Key Auditorium could not be waived and they quoted a fee which was absurd and just a ridicu- lous fee. If you have the material in front of you on this, you can see the article in the Miami News which clearly summarizes the entire incident. Now, what I would like to do here today is to ask this Commission in some way, what- ever is appropriate manner, to reiterate the policy that the Commission has al- ready voted on two times before, and in fact, the Commission has passed an ordi- nance, speaking to this kind of issue. Mr. Odio..... Mayor Ferre: We have been through this a whole bunch of times. Mr. Hammersmith: I know, Mayor, and what I am asking here today is for the City of Miami Commission to inform the Administration what the policy is, or we are going to back here every single time. Mayor Ferre: Absolutely not: We are on record as to what our .... I mean ... you know when a law is passed by Congress, the Administration has to follow that law. Now, the fact that Congress repeats the law doesn't make the Administra- tion more aware of it. I mean, this is unbelievable. If we are on record as to taking a position and that that is the policy, the fact that we vote on it twice doesn't make the policy any stronger. It is the policy of this Commis- sion to do anything and everything to get the film industry into Dade County. Now, we went through this thing after Black Sunday; we had a big hassle over this thing, we had a big fight with Paul Andrews and I think Vince, weren't you involved in it? And we came back, and we set the policy so that we could have better cooperation with the film industry in the future and so on and so on. Now, what is this all about? Mr. Hammersmith: Well, apparently the Administration had not heard the Commis- sion, because the Administration, through Mr. Odio, quoted a fee for the use of the Dinner Key Auditorium, of which the ordinance that this Commission has passed saying that the fees can be waived and also there was no conflict, because there was no use of that auditorium on that day. The position that the City has been following was any film making activity in this City pays its cost so that the taxpapers of the City of Miami are not burdened with that cost, but no fee should be charged. I am only here to bring this to the attention of the Commi- ssion and in fact, you have summarized it Mayor, that the Administration is not, in this case, did not follow the policy of the Commission. Mayor Ferre: Yes but it may be a very innocent mistake, because I am just reading this whole thing and it says: "We went by the ordinance, said Odio. We didn't have the rights to change the rates". That is absolutely not so. Mr. Hammersmith: The ordinance says that the Administration may waive any fee at all, if you look at the ordinance which is before you, which is the one that was passed. It says that this Administration can waive any fee at all. Mayor Ferre: Are you talking about this January 4, 19....... Mr. Hammersmith: Yes sir. 63 BAN 14 19u1 Ms. Lander: This is Mary Lee Lander, I work for Metro -Dade County with offices at 140 West Flagler Street. The ordinance that we were being quoted which re- sulted in a request for a $6,000 fee for one day's worth of filming was an ordi- nance that related to the use of the auditorium for exhibition, which is a mat- ter that is totally different from the filming of commercials on a day when that has not been booked. When I discussed with Mr. Odio the fact that there was another ordinance that applied to filming and brought that to the attention of Mr. Young, Paul Young and Mr. Cesar Odio, they refused to even consider the matter of treating a commercial as something other than a commercial exhibition which it absolutely is not. Mayor Ferre: Well, didn't you tell them that there was an ordinance on the books? Ms. Lander: Yes sir. Mayor Ferre:, Mr. Odio... Ms. Lander: 'But they insisted that they hear from the Commission before they change. Mayor Ferre: Let's give Mr. Odio an opportunity..there may be a perfectly logical reason for all this. Mr. Odio: Did you talk to me? Ms. Lander: Yes, I did sir, over the phone. Mr. Odio: At no time did this ordinance that you are talking about now come up in that conversation. When you called me, I told you that we had a rate ordinance for the Exhibition Center; that I would appreciate it if you would talk to the Manager of the Center and that he would have to go by that ordi- nance and that I had no right to change the rate of the Center unless the City Commission approve it. Ms. Lander: But I countered with the.... Mr. Hammersmith: Mr. Mayor, this is an example of why I am here today! Mr. Gary. Let the staff finisr first, Administration, please, Mr. Mayor, if I bring to your attention, this City Commission went on record informing the City Manager that under no circumstances were we to waive fees for any facil- ity in the City of Miami. Mayor Ferre: Look, I think the man is..well he has a good out, and I will tell you what his "out" is. At that point, this subject was never discussed. The fact is that this City has gone on record on more than one occasion that anything that we can do to bring in the film industry, we are going to do. I think that it was a natural inadvertent mistake. I understand the Manager's confusion on this. It seems to me that if Broward County could do what it did, we certainly could have done the same thing and we should have pursued it a little bit more emphatically, because we go out of our way to bring A.S.T.A_ conventions here; we go out of our way to give the Irish $15,000 for their parade and we go out of our way to give the Sons of Italy money which we do to help them have their Italian Festival. We give money. I don-t know, right off the top of my head, but we give everybody money for all these things to help these people do all these things. Certainly something that would bring a major film to Miami, something that we ought to ....... Mr. Gary: Mr. Mayor, if I may, just for the record...they were informed that was the policy. They were informed also that they had to come to the City Commission to get a waiver. because that was also the policy, and the third thing, my staff has told me that they wanted to set a fire inside the auditor- ium, which the Fire Department had problems with, so... Mr. Hammersmith: That is not true, Mr. Mayor. That is just not true. Mr. Gary. I am telling you what the staff told me, okay? Mr. Hammersmith. I am telling you what the Fire Department told us. Mr. Gary. I am telling you what the staff told me. Mr. Hammersmith: Your staff lied to you. Mr. Gary: I have more confidence in them. Mr. Hammersmith. Well, I don't. Mayor Ferre: Well, let's not get into that unless it is germaine to the point. Mr. Hammersmith: It is. We are here today and you seeing an example of the same kind of problem, because right at this moment I do not know, nor does any- one else in this room what is the policy of the City of Miami in relation to getting fees to filming commercials in City property. You are saying that we have to come before the Commission on each and every time that any commercial wants to come in here? The reason they went to Broward, Mr. Mayor, was because' they could not wait for an answer, and went into Broward and spent there money there, and this is going to happen repeatedly. We have already had a couple of requests 'from IBM to come down here to shoot a commercial and they are going to want to use City facilities. We would just like a clarification of what is the policy for the film industry. Mr. Odio. Mr. Mayor, may I say something? Mayor Ferre: Yes sir. Mr. Odio: I think that you are getting the impression from these people that this Administration doesn't cooperate with the film industry. Mary Lee Lan- ders has called me repeatedly, time and time again, in spite of the process from the commercial area in the Commodore Plaza you have filmed repeatedly many, many advertisement films, or whatever. Right? So I don't think that you can claim that we have not cooperated with you in the past. That is what I am trying to get at, right? Mayor Ferre. She didn't say that. Mr. Odio: Well, I think she tried to imply, but on this case, we need a policy from the City Commission telling us that we have the right to waive fees for commercial films. Mr. Hammersmith: Well then we agree Mr. Odio. I came to ask the Commission to give us a policy so we know what to do. Mr. Odio. That is all I asked you to do at that time. Mr. Hammersmith: Well, we agree with you; we finally made an agreement. Mayor Ferre: I think the point in all this is, that unfortunately, Mr. Odio and Mr. Howard Gary and others were not here, Phil, in Miami when we went through the same indentical situation. Now, I think out of respect for them, I think that it was a natural mistake that was made since the Commission has gone on record that there will be no waiver of any fees. Now, it is also on the other hand, also true that this Commission has violated that within minutes, if not hours from the day of passing that, because Miller Dawkins pulled on my side the last time we violated and he said "You are violating the the rules we passed". And I said, " Well, what do you want to do?" I said "we have to do it." So, I forget who it was, but we violated with somebody within a meeting after we said "no more waiver of fees". I was an affair for Father Gibson. Okay. We had no choice, okay? Now, I think the Administration should have realized the importance of this particular film, and I am not going to get into the fire and on fire issues, but I think it should have been negotiated; we should have figured out a way to cut through it and keep that film here in Miami, because these are the types of things that we desperately need in this community that will give gainful employment and will put this City on the viewer's audience screens, both in television and in the movie houses, so I would say that this Commission should take a policy decision to the Admini- stration that anything dealing with the filming industry, the legitimate filming industry, that is. We also had that problem with Deep Throat, as you might remember that was also filmed in Miami, so we are not talking about that, but things.... Mr. Hammersmith: It was the highest money making film that has ever been made in Miami. 65 J n �'► 1 Mayor Ferre: It may be, but we don't want the honor of having any more of those —' things filmed here. But let us save the so-called legitimate filming industry commercial or television or movie, that I think that the manager should treat each case individually and should use the best judgment because these are money producing things for the welfare of this community. Would somebody make the motion to that effect? Mr. Perez: I move. Mayor Ferre: Is there a second? Further discussion? Call the roll. The following motion was introduced by Commissioner Perez, who moved its adoption: MOTION NO. 82-20 A MOTION REITERATING AN ALREADY EXISTING POLICY OF THE CITY COMMISSION IN REGARDS TO THE CITY'S COOPERATION WITH THE FILM INDUSTRY AND DIRECTING THE ADMINISTRATION TO FOLLOW ALREADY EXISTING ORDINANCES WHICH MANDATE THIS COOPERATION. 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 13. DISCUSSION ITEM: FU1 DING REQUEST FOP. WYITWOOD ECONOMIC S DEVELOPMENT INC. PROGRAM. - Mayor Ferre: Alright, Mr. Mendez, you are back I see. The Chair recognizes you. Mr.Mendez: I really don't know what is coming first, the chicken or the egg, but the truth of the matter is that I would appreciate it if you can take some action on Item No. 31 before I can speak to you on personal appearances Mayor Ferre: Well, why don't you address the issue and we will do it all together. Mr. Mendez: Alright, as you recall, about a year and one-half ago I came be- fore this Commission requesting that the monies allocated for the Wynwood Economic Development Program be given to the Small Business Opportunity Program set up in Little Havana and so was granted to Small Business Oppor- tunity Program and one of the conditions that was set up at that time was the fact that the community at the time did not have a community based organi- zation,so I had asked the Commissioners at that time that until we come with a community organization, that there would be the agency to administer the funds. Now we what we are saying to you is, that we have organized a communi- ty organization. We no longer need the Small Business Opportunity Program to administer these funds; we are ready to administer these funds, so we are asking for the transistion from one organization to the other. Mayor Ferre: Alright, Mr. Manager, to you, and to the City Attorney, we have both a practical managerial question and a legal question. Now, we have done this in other occasions. We did it with Allapattah and we did it - where else have we done it it - with Wyn ood. Little River, where we cut off one... Edison, Edison. we cut off. Now in those cases however, there was an existing i 66 entity, which was, so to speak, duplicating the same function and which was community based and had gone through a CD process, and then we voted funds and then to eliminate potential hassles in the community, we funed both of them. We subsequently came back and defunded one and gave the money to the other. Now here we have a question where we are about to defund a entity in Wynwood. The problem with the defunding of the entity in Wynwood, now we have another community based organization, but it is a relatively new community based organization requesting that the remaining funding, which is not too much - what is it 3 months, 4 months - 4 months left be turned over to a new community base so that they can continue these services. Now, where do we stand on both of them legally on this? Mr. Knox: (IN AUDIBLE - NOT ON MICROPHONE) The objectives of the program is the design Mayor Ferre: Now the only question that I would have then, if there are no legal constraints, I have no problem with this, Mr. Mendez, provided however, that your board is made up of representatives of a cross-section of that community and that includes Haitians, Central Americans, other Latins, Cuban and Puerto Ricans, Black & White. I think you have to have a cross-section of the community that lives in the Wynwood area, and I think that becomes a very germane point. Maybe you can address that issue. Mr. Mendez: Yes, Mr. Mayor, I have always been conscious, and I don't know whether you have ever heard me address, or remember addressing this Com- mission before. I don't remember one time that I have addressed this Commis- sion on behalf of anyone group in particular. I have always made sure that a cross section of the community is represented. Mayor Ferre: Mendez, this has nothing to do with you personally. I am asking you a question. Just answer the question. Mr. Mendez: Yes, it is representative. It is reflected in the incorporation.. — Mr. Dawkins: May I ask of the attorney what he meant by "continuity"? Mayor Ferre: Sure. Mr. Knox: (INAUDIBLE - NOT ON MICROPHONE) Mr. Dawkins: Are you saying that the other groups can perform continuity for the last three months, or are you saying that this group, being new can come in and perform continuity. That's my problem. I mean, I am just asking you. Thank you. Mr. Gary: From an Administrative point of view, even though we follow a dif- ferent procedure in terms of selected SBOC, because of Mr. Mendez' past per- formance in the community as well as the unique situation with regard to being able to continue some kind of activity, we would request that the City Commission authorize us to review Mr. Mendez' proposed SBOC, or leased Economic Development Corporation and negotiate the scope of scope of services and enter into an agreement. Mayor Ferre: I am sorry Howard. I wwas reading this latest release from the City of Miami. Mr. Gary: I don't think I could remember what I said, but anyway, the Administra- tion, even though it normally follows the different procedure in terms of select- ing economic development in neighborhood Economic Development Corporation, be- cause of the uniqueness of this particular situation in terms of stopping one service and immediately having a break in services, and because of Mr. Mendez' past involvement in the community activities, particularly in that community, we would recommend to the City Commission that we be permitted to finalize the scope of services with Mr. Mendez and enter into an agreement if it is okay with 67 JAN 1'ii��1 r.� the City Commission. Mr. Carollo: Do you want a motion to that, Howard. Mr. Gary: Yes sir. Mr. Carollo: So moved. Mayor Ferre: Alright, under discussion.... moved by Carollo, seconded by Perez, Under discussion Howard. The reason why the other outfit was defunded is be- cause.. Mr. Gary: There were no representatives. Mayor Ferre: It was apparent that they were not community based. It was being run by another community not physically within the Wynwood area and the people that were involved were not representative of the Wynwood community. Now that is why we stopped. Now, we want to render the service; we just want it to be community based. Now my only concern and I want to address that issue formally and Mendez, please don't take this personally, I am not talking to you. I am just saying that I want to make sure that three conditions are met. One, that it is proper and orderly and you know, that if follows all the requirements of the law. Two, that it be Wynwood based; that the people who are involved live and work and be a part of Wynwood. I don't want them coming in from Little River, or Coconut Grove or Little Havana or what have you to run the operation, and thirdly, that it be truly representative of all segments of the community. Now that community is about 30 or 40% Puerto Rican, 30 to 40% Cuban and 30 to 40% Haitian, if I am mistaken, please correct me. Mr. Mendez:: So be it. Mayor Ferre: And I just want to make sure that the Haitians and whoever else lives in that community have the same amount of voice and representation in proportion to the people who live there, that is all. Mr.Mendez . Yes sir, we will. (INAUDIBLE C0MMENTS - NOT ON MICROPHONE) Mayor Ferre: Further discussion on this issue. Mr. Dawkins: And any other, if it is refunded it will go out for bids, or what? Mr. Gary: When we go through a process and it comes before the City Commission for their review and approval. Mayor Ferre: Further discussion on this issue? Call the roll. The following motion was introduced by. Commissioner Carollo, who moved its adoption: MOTION NO. 82-21 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXPLORE A PROPOSAL MADE BY JOSE MENDEZ FOR A SOCIAL PROGRAM IN THE WYNWOOD AREA BASED UPON THE UNIQUENESS OF THIS PROPOSAL AND INSTRUCTING THE CITY MANAGER TO MEET WITH MR. MENDEZ TO FINAL- IZE THE SCOPE OF THE SERVICES PROPOSED TO BE PROVIDED SUB- JECT TO THE FOLLOWING CONDITIONS: 1. THAT IT BE A COMMUNITY -BASED ORGANIZATION. 2. THAT THE PEOPLE INVOLVED IN THIS PROGRAM LIVE IN WYNWOOD COMMUNITY. 3. THAT SAID ORGANIZATION BE TRULY REPRESENTATIVE OF ALL SEGMENTS OF THE COMMUNITY. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote: APES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre. NOES: None. 6 q 19. APPOINTMENT TO MIAMI-DADE LIBRARY BOARD: EDMU14D HEURY ADVOCATE FULL STATE FUldDING TO THE LIBPAP.' SYSTEM. Mayor Ferre: We are now on Item No. 7, Juanita Johnson, Chairperson of the Miami Dade Library Board, regarding their annual report and appointments. Mr. Muir. These chambers are always honored with your presence. Mrs. Muir: Thank you Mr. Mayor. Juanita Johnson asked me to take her place because she was called into a conference at Miami Dade Community College where she is a librarian. She is our esteemed chairman of our Metropolitan -Dade County Miami.Dade Public Library Advisory Board. I am a former chairman and I will say at this time that in the .. when I have your attention I will say it I guess .. Mayor Ferre: We have —don't mind us, we are listening to you. Mrs. Muir: I don't believe it for a moment, but I will go right on. It is past time for you to confirm Edmund Henry, four months over due as a member of this Library Board and I would like to mention his service so far. He was appointed when Dr. Faye Walker left. I think she attended one meeting after being appointed to the County Library Board and was forced to leave because of the press of other duties. I would like to mention that Mr. Henry, his term expired in September. He has served admirably that spot. Mayor Ferre: Is Mr. Henry here? Mrs.Muir: No, he is not, but he is thought of so highly by the County Library Board that it elected him Vice -Chairman under Juanita Johnson, so I would like also to say that it was the County Library Board which put into effect the idea of presenting three names for election in order to provide suitable names and not perpetuate ourselves, although I realize that I have been on the board so long that you won't believe that that works. So, the board would ask you to please put Mr. Henry in position so he can serve us. Then, I am going to make this report brief, because I see the heavy load of business you have to conduct. But if you were watching closely last summer, you noticed that in heat of the budget cuts, the library was cut 1..7 million dollars and the answer to that with our 25 libraries, the main and 24 branches was to cut back hours. This concerns the County Board and we have made it known to the County Commission that we would be grateful if this would not be considered a permanent state of affairs. Now there is a way that you gentlemen can help. When I was elected in the fall in Tallahassee to the State Library Board, that was a...I was elected chairman; I have been on it for a year, appointed by the Secretary of State. There is a great assistance the citizens of Dade can play and you gentlemen in this important position can play it even more effectively. That is to be in touch with the Dade Delegation and tell them that you are very interested in getting full funding and State aid. Now I have some figures here. Last year the library system received from State aid, $1,081,548. Now this time around, the Secretary of State is making a legislative budget request to provide $12,000,000 for distribution. Our county and library system would receive $2,811,802 golden, dollars in state aid. Now last year when we had library day, I will be up there for the state meeting on the 2nd of February and for library day on the 3rd. We were able to convince the Governor by lots of letters and our interest there that day to increase the budget by 42%. Now, I see Mr. Plummer listening with interest and his brother Larry in Tallahassee is a great help to us in libraries. Peo- ple seem to think that public libraries are their due rights. All over this country, libraries are in trouble. Here we are not in trouble really, be- cause of the Decade of Progress bonds. We are the envy of the entire United States. We have 25 libraries and I hope that all of you have a card in one of them. If you have any questions, Mr. Edward Sintz who runs those 25 libraries admirably will speak to them, but I have one more thing I would like to say. Ott this Monday when we had our county board meeting, we went, we had a quick meeting at the main library and put on our hard hats and went over to the new library, and I have found lots of things the matter with that, and in fact I was on the selection committee and we got Phillip Johnson as an archi- tect. He was not my personal choice, but it was a democratic action and we voted. I want to say that I was utterly thrilled at the interior of that new library. You walk in and the arch reminds you of the Metropolitan Museum of Art ms J A (� 1 19 8? in New York and it reminds you of the San Francisco Library and it reminds you of —well, the New York Library, and I hope that you gentlemen, who have such a part in this, because let us never forg=t that the library system started in Coconut Grove and Coconut Grove gave that land to the City of Miami; that even this last week we paid the bill for children's furniture. Some of us are occupied on every level with the development of libraries and I can think of nothing more important and I hope that every one of you really will be touch with your friends in the Dade Delegation and say "Don't forget, .we want complete full funding of state aid". Do you have any questions? Mayor Ferre: Helen, let me just say on the record, because perhaps the new members of the Commission may not totally be aware....Helen Muir, who is be- =_ fore you is a long time resident of this community, Miami. in particular Coconut Grove and she is, amongst other in the community, one of the main in- novators of things that have been of great public benefit over the decades in this community, including, but not limited to the library, especially the library in Coconut Grove, which is something that she started, helped along, and she certainly has been Mrs. Library for this community and it seems for the State of Florida since she was so quickly recognized by her peers in Talla- hassee, so we are very fortunate to have her interest and her dedication to the cause of libraries and she once in a while gets tempted with resigning and moving on and letting somebody else fill her shoes and we are fortunate that somehow there are people here who convince her successfully that her shoes could not be filled and that she indeed owes it to all of us to continue in her efforts, so as far as I am concerned, if Helen Muir says that Edmund Henry is the person that should be on, that is good enough for me and I ready to per- sonally —you have got my vote. Mrs. Muir: Thank you. Mayor Ferre: Plummer moves, Perez seconds. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer , who moved its adoption: _ RESOLUTION NO. 82-22 A RESOLUTION SELECTING ONE INDIVIDUAL AS THE CITY OF MIAMI'S REPRESENTATIVE ON THE MIAMI-DADE LIBRARY AD- VISORY BOARD TO SERVE A TERM OF 3 YEARS. (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 Mayor Ferre: Now I would like to also ask for a resolution, Plummer, you might want to make it, that the City of Miami Commission goes on record supporting the Secretary of State recommendation for full funding in state aid that would bring to the Miami Dade - Helen if you don't mind my correcting you, you kept calling it the County Library Board, that is a major sore subject.. Mrs. Muir: You know, it shouldn't be,though, because let me tell you something else.... Mayor Ferre: It is called the Miami -Dade Library.. Mrs. Muir: It certainly is and the friends are the friends of Miami -Dade, but you know, we have all got to recognize that for three years the City of Miami 70 14, had to cut back on funds with libraries and so we needed to be Dade. We are both; I agree with you. Mayor Ferre: Well, look, I think the official title isn't it... Mrs. Muir: Oh, it is official - Miami -Dade, yes sir. Mayor Ferre: So the Miami-Dade...I think the motion should read: "We support the Secretary of State's recommendation to the Legislature for full funding and state aid which would mean over $2,500,000 in state funds for the Miami -Dade Library System. Is there a second? Mrs. Muir: Thank you very much. I omitted one thing....... Mayor Ferre: Further discussion. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 82-23 A MOTION OF THE CITY OF MIAMI CITY COMMISSION FULLY SUPPORTING THE RECOMMENDATION OF THE SECRETARY OF STATE TO THE FLORIDA LEGISLATURE REGARDING FULL FUNDING IN STATE AID TO THE MIA%1I/ DADE LIBRARY SYSTEM WHICH WOULD GRANT THE LIBRARY SYSTEM APPROXI- MATELY $2,500,000 IN STATE FUNDS. 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. AFTER ROLL CALL: Mrs. Muir: There is just one thing that I neglected to say and that is this Library Board herein afterward referred to as Miami -Dade Library Board is made up of a proper mix for this community. Our chairman, who was unable to be here today is Black. We have Anna Solar and Dr. John Becker who are both Cuban born, so you may rest your fears about the ethnic mix and I thank you gentlemen for listening and for giving me such quick action. Mayor Ferre: Thank you. Mr. Knox: For the record, the first motion was in fact a formalization of Item No. 62 which was the resolution appointing individuals. Mr. Plummer: And by the way, Mr. Mayor, I thought we had an understanding. I will pick on Gary when he is not here, or Mr. Eads, that anytime we had anything on the Committee of the Whole or personal appearances that related to an agenda item, that it would be so noted. Mayor Ferre: Yes. Okay, Jack, for the future will you do it that way. 20. DIRECT CITY CLERK TO ADVERTISE PUBLL'C HEARING REGARDING A REQUEST TO PLACE A MONUMENT ID THE MEDIAN STRIP OF S.W. 13TH A\iIUE. Mayor Ferre: Alright, the next personal appearance is Rodolfo Rodriguez of the Presido Politico Historico Cubano and this is a request to erect a monument on S. W. 13th Avenue in the median strip between llth and 12th. Yes sir. (Comment in Spanish). Mr. Rodriguez: Please, may I have a translator? �t Mayor Ferre: (Comment inSpanish) Alright, proceed. Mr. Rodriguez: (translation by Cesar Odio) The organization, non-profit political prisoners in Cuba. They solicit a permit to erect a monument in memory of the martyrs, the political prisoners of Cuba. The reason for the erection of this monument is to establish the recognition and identity for the ideals that those people fought for. The reason that they are asking for this specific location is because in front of it is the actual house of the political prisoners. These are the drawings and he has a document ap- proving the architectural plans approved by the department of parks. Mr. Plummer: Has this been to the Memorial Committee? (Inaudible comments - not on microphone) Mr. Plummer:. Mr. Mayor, I make a motion that as normal procedure it be re- ferred to the Memorial Committee as such time as they favorably recommend that it be brought back here for a public hearing. Mr. Carollo: Mr. Mayor, if I may, the people who are presenting this before _ us, they will be paying for the full amount of the project. Is that correct. Mr. Odio: Yes sir. All they need is permission to erect that monument in the location that they are requesting. Mr. Carollo: How long will it take for us to follow this route of sending this to the Memorial Committee? Mr. Odio: At least 30 to 60 days. Mr. Carollo: 30 to 60 days? Well, let me say this much. It is one thing if someone is coming before this Commission requesting for this Commission to pay for something like has been the case 99.9% of the times that I have been here. When someone is coming before this Commission willing to pay the full tab on a project they want to see, I don't want to play this game of ,you know,hide & seek; we send them to this committee and they send them to another committee and maybe sooner or later, and most likely later, they finally get to us. If you want to send them to a committee J. L. I will say fine, but I will tell you one thing, if by the time that we meet again in the month of February, whatever committees have to see it, are not done with whatever recommendations they want to give, or whatever changes or guidelines they would like to put, I want this placed before the Commission so that I can vote on it. Under that stipulation, I would be more than willing to go along with your suggestion. Mr. Plummer: Joe, let me bring to your attention, because it was Maurice Ferre who well remembers that this Commission took an action in relation to 13th Avenue otherwise known as Cuban Memorial Blvd. You were not around, nor was Miller nor Demetrio. When this Commission, in good faith made approvals that which all were funded by the private sector, I don't know, maybe Maurice might recall any item that brought out people in the thousands to voice their objections, mainly based on the fact, according to their contentions, there was no public notice. The Mayor is the one who gave them absolute guarantee that anything related to S. W. 13th Avene in the future would be held by a public hearing. It just so happens that that is the normal procedure for all of these anyhow, but in particular, those assurances were given. Mr. Carollo: Was that those whole bunch of people that have moved to Broward County in the past few years? Mr. Plummer: That could very easily be the case, and then again, it might not be the case. Mayor Ferre: Except for Judge Verdon's widow and her son wbo call me all the time. Mr. Carollo: To expedite things, I would be more than happy to make a motion, or a substitute motion, if there isn't one that we will just place it in the next agenda and have a public hearing on it and you know all racists, bigots and Cuban haters that like to come before the Commission and express their opinion on it. 72 '7 1. -- Mr. Plummer: And I am sure that you will bring out people whether they qualify under your category or not, they will be out. Mayor Ferre: Alright, the motion, the substitute motion and I understand is, that a public hearing be held for whenever it is that we can ... Mr. Plummer: February llth. Mayor Ferre: Can we legally do it by February llth? Mr. Carollo: Can we Ralph? Mr. Ongie: Yes. Mayor Ferre: Alright, February llth we have a public hearing that will be properly advertised and not and at the same time you advise the Memorial Committee of what we are doing. If they have any objections they can present them at the hearing on the llth. Any problems with that? It has been moved by Carollo, second by Daw- kins. Further discussion? Call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 82-24 A MOTION DIRECTING THE CITY CLERK TO ADVERTISE FOR A PUBLIC HEARING TO BE HELD IN CONNECTION WITH A PROPOSAL FOR THE ERECTION OF A MONU- MENT ON S.W. 13TH AVENUE, IN THE MEDIAN STRIP, BETWEEN S.W. 11TH AND S.W. 12TH STREETS, PURSUANT TO A REQUEST MADE BE A REPRESENTATIVE OF "PRESIDIO POLITICO HISTORICIO CUBANO"; FURTHER DIRECTING THAT THIS PUBLIC HEARING BE ESTABLISHED FOR THE FEBRUARY 11, 1982 COMMISSION MEETING. 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. AFTER ROLL CALL: Mayor Ferre: Carl, do we need to do the same thing for the Simon Bolivar statue on Bayfront Park that we have been sitting on for a year now? Mr. Kern: The Commission already ruled on the location of that statue. Now we should start getting funding from the Venezuelans. Mayor Ferre: Will you please write them a little note and tell them - because I ran into the Venezuelinn Consulate the other day and he said "you guys are hold- ing up our statue", and I said "we are?", so you know if he is not coming up with the funds then I don't know what ... he can't be beefing to us. Mr. Kern: I will write him a followup on it. NOTE FOR THE RECORD: AGENDA ITEM 9 WAS WITHDRAWN. 21. APPROVE USE OF BAYFROI T PARK AUDITORIVII WITH A REDUCTIC*N Ih THE FEE FOR THE UNITED CERLBRAL PALSY ASSOCIATIOi4 OF XIAMI , II. -IC. Mayor Ferre: The next item is Joseph A. Aniello, Executive Director of the United Cerebral Palsy Association of Miami regarding a reduction of fee waiver of Bayfront Park Auditorium. d 73 4 1982 Mr. Aniello: Yes, how appropriate. My name is Joe Aniello and I am from - United Cerebral Palsy of Miami. The address is 1411 N.W. Avenue. The grounds for the reason that I have requested a fee waiver for the use of Bayfront Auditorium this coming weekend in which we are holding our United Cerebral Palsy Telethon, which is part of the National Telethon for Cerebral Palsy, is that I believe the ordinance was passed some two months ago or so back in November. We set the date with Bayfront with Mrs. Bush. We used the auditor- ium last year. Immediately after that appearance, after we put on our tele- vision production last year, we told Mrs. Bush to reserve those dates for us for this coming year. We never did in fact sign a contract for the use of that facility. Last year we got the facility for the reduced waiver of half- price and we are requesting the same this year. We never had a contract, be- cause we asked Mrs. Bush that if we could look around and get some place for free, we obviously would prefer to get the facility for free since all the money that we raise does go back to services for the City of Miami and Dade County. We did not find any place suitable to hold the telethon, and so we notified Mrs. Bush a number of months ago that we would like to go ahead with holding it at Bayfront and we didn't find out about the ordinance until after that when we tried to sign the contract. Mr. Plummer: How much dollars are you talking about? Mr. Aniello: The fee would be, without the waiver, $1500 and with the waiver it would be $750. Mayor Ferre: Okay, you have heard the discussion on the request by the United Cerebral Palsy Association of Miami. What is the will of this Commission? Mr. Plummer: Mr. Mayor, the will of this Commission, unless we violate the policy is, there are no waivers.Now you know, we waive for one, bye bye rules Mayor Ferre: You waive for one, you waive for two. Mr. Plummer: Bye bye revenue. There is nothing we can do for you sir. Mr. Aniello: Even though the people from the movie industry? Mr. Plummer: They are not using the facility other than for the purposes of filming a commercial. Mr. Aniello: It seems that this money that you are collecting for it, is going to go right back, that we are paying you is going to go right back into services in Dade County and the City of Miami for the same people. Mr. Plummer: That could be said by every group that rents it sir. Mr. Aniello: Even though we have prior commitments from with the date before the ordinance Mayor Ferre: Well now, do you have a prior commitment for a waiver.. Mr. Aniello: Not for a waiver. I am sorry, we assumed that we had the facility at $750 when we committed ourselves at that point, and we planned on that in our budget for the ... Mayor Ferre: How much are we charging you? Mr. Aniello: $1500, $750 with the waiver. Mayor Ferre: Yes Walter. Mr. Pierce: They were in contact with the auditorium manager prior to November 12th. It was at that meeting that the City Commission voted a motion of intent to declare a no fee waivers for any purposes. The fee at that time would have been $1500. Since then the Commission has passed an ordinance increasing the fee of that auditorium to $2000. Mayor Ferre: Okay, I think he has a valid beef. In other words, what he is say- ing is that when they started on this thing, they had assumed what our policy had been. 74 , . I Ll Mr. Pierce: Prior to November 12th, the City Manager could have waived half of the rental fee of $1500. Mayor Ferre: And what he is saying is, then we subsequently changed the rules of the game on him so he has a legimate beef. Now I don't know whether ... you know...I am not making an argument for him. Mr. Plummer: Yes, but the point you are missing is, the charge today is $2000, not $1500. Mayor Ferre: The charge today is $2000 and we are letting him have it for $1500. Mr. Pierce: The rates were raised after November 12th and.. Mr. Plummer:. They are still getting a 25% reduction. Mayor Ferre: I got you. Well, you heard the expressed will of one member of this Commission and as he was reiterating, the policy of this Commission, as of Novem- ber 12th.. Now, if anybody has any different attitude, let's speak now or forever hold your peace. Mr. Aniello: Even though the commitment was made before the fee went up? Mr. Plummer. But there was no commitment. You know a commitment is in writing and dollars exchange. That is a commitment. That is a contract, okay? You know, you could say the same thing to us again next year. Now, I will tell you what I am willing to do. I will make this motion for you. Where the fee pre- sently is $2000, I will make a motion that it be given to you at old fee of $1500. I don't think you should be penalized beyond beyond the additional $1500. If that will help you. Mr. Aniello: It is obviously better than $2000. Mr. Plummer: It is 25% reduction of the going fee.. Mayor Ferre: There is a motion and a second. Mr. Plummer: I would like to get a 25% reduction on all my costs. I will set- tle for 10%. - Mr. Aniello: You will probably preclude us from using that facility again though in the future, or any facility. Mayor Ferre: Alright. Further discussion on the motion. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 82-25 A MOTION REDUCING THE RENTAL FEE FOR THE USE OF BAYFRONT PARK AUDITORIUM BY THE UNITED CEREBRAL PALSEY-ASSOCIATION OF MIAMI, INC. TO $1,500, BASED UPON THE FACT THAT NEGOTIATIONS FOR THE USE OF SAID AUDITORIUM WERE IN PROGRESS PRIOR TO THE RATE CHARGE ADJUSTMENT LATER MADE FOR THE USE OF THIS FACILITY. 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. 75 JAN 141982 1d ON ROLL CALL: Mayor Ferre: I vote on this with a heavy heart because, seriously, this is not a money making operation. These people are serving this community. But I under- stand, and I just want to tell you that I am going to vote with the motion. I am going to do it. We are all voting with a heavy heart because these are community based organizations that are not profit making; they are helping the community. Cerebral palsey is a very serious matter. We vote monies to help Irish festivals and St. Patrick Day parades and Calle Ocho and all kinds of carnivals and Kwanza and all this, so you know ... but, we also recognize that we now live in a new era of restraint and this city is no different than any other government in this country. We have to cut down. We have to cut expenses and we just can't give things away like we used to with as much as we used to, so I am sorry, I vote yes. 22. PUBLIC HEARING: STREET CLOSING REQUEST FOR BANYAN TYPE FESTIVAL (DENIED). Mayor Ferre: Is Jo Ann Forster here? Mr. Gary: Mr. Mayor, this also gives as Item No. 39 on your agenda also. Mayor Ferre: Item No. 39? Mr. Gary: Coconut Grove Art Festival. Ms. Forster: My name is Jo Ann Forster and I am president of the Coconut Grove Chamber of Commerce, 3437 Main Highway, Coconut Grove. I am speaking in response to No. 39 on your agenda and I would like to read a resolution from the Board of Directors at a meeting on January 6, 1982. "It was moved that the Coconut Grove Chamber of Commerce in conjunc- tion with other civic groups proceed with plans to have a Coconut Grove festival on the downtown business streets of the Village of Coconut Grove during February 19, 20, & 21, 1982, the weekend of the Coconut Grove Art festival sponsored by the Coconut Grove Asso- ciation." The motion was passed. The Chamber is the sounding board of Coconut Grove groups, organizations, individuals and merchants. I can tell you as president that I have been getting a lot of phone calls and a lot of pressure because of the fact that we hear that the Coconut Grove Art festival is moving. I come here today hopefully as a problem solver, not as a problem giver. I have been listening to the merchants; I think we all can agree that the Coconut Grove merchants have suffered in the past economically due to the economy; the Time magazine article did not help us. The eyes of the nation were upon us at that time. We have seen a lot of Grove merchants come and go, a lot of "for rent" signs. I get calls every day from merchants telling me they are going to try to stay one more day. It is has come to the point where we have many thousands of dollars worth of dues and receivables because the merchants cannot afford to pay their dues. I don't want to give a sob story, but we have started a PR fund where they have taken many times their last dollars unified together for positive publicity for Coconut Grove to generate business. Sometimes just one day can save them. They look forward to Christmas. They look forward to the Coconut Grove Art festival, to our Banyon festival and a few other individual days to save them. What I want to happen is for us to help each other. That is what the Chamber is formed for, to help the merchants and I hope we can help each other. I have a petition here and I will introduce another speaker in a little while that we went out in the rain to get today, bad weather, from the Coconut Grove merchants, with this resolution from the Board of Directors to have this non-competitive street fair. We would like to co -exist with the festival to take advantage of what we see to be a natural economic resource. There is not a lot of those around, and we would like to take advantage of it. We would like separate, non-competitive street fair. We could not compete with them. They are one of the most professional, successful, highly juried shows in the United States. We respect them; they have brught in, on these two or three days, a tremendous amount of business into Coconut Grove. The merchants need it, look forward to it and now with very little notice and after the hard times that we know they have had, they hear it is being moved. We see a possibility 76 r•: to take advantage of this, perhaps another possibility would be a to have this successful organized festival moved back to where it has been for a very long time or perhaps a compromise on the boundaries. My speaker that will come up after me will show you gentlemen that the festival originally began a long time ago, 1953 by Charles Zimmerman at the Coconut Grove Play- house in the center of the village to promote the Grove businesses and artists. Our facilities are used every year through the hundreds of phone calls that get at the Chamber to help promote the festival. Again, I would like to re- peat it; it is successful; it is professional and it is beneficial to the merchants. The past few years, the last month or two before the festival, we are always up in the air about what is going to happen. I know something that is going to come up is the coat-tail effect that we like to take advantage of,' that we like to hang on their coat-tails. Darn right. It is successful, and that is what life is. Somebody has something successful. Somebody comes up with a good'idea: design of a car, princess' dress and it is copies, it is made better and that is what life is. Life is a spinoff, and we try to improve upon it and teach our children to improve upon it, and we would like to take advantage of it. The Chamber feels that we have a responsibility and we hope that you have a responsibility to look out for the entire community, what is fair to all, and the net effect to all. The merchants are looking forward to this festival like they have year after year. We have tried to cooperate with the Grove Association and have had them at our meetings to see if we could help in any way with the squatter problem. A point was made at the meeting that one of the objectives they wished us to fulfill is to eliminate certain types of people that come to the festival: people with parrots or dogs. Well, no matter where you move the festival you are going to get all types of people. We have all, types here. I looked around when I walked in. I am a type; you are a type. You have a dog; I have a bird. On the weekends I put my jeans on and I have seen some of you hanging out at some places I hang out and you are a different type of person then, okay? And I am not going to mention any names. (LAUGHTER). You know, life is made up of different types of people and we are not an elitist society where we can discriminate and just have Bal Harbour types or Palm Beach types. The success of the festival has not only been because it is so well or- ganized and because it is juried, but because of Coconut Grove. Coconut Grove has an ambience and a beauty and a charisma about itself and that is why it known nationally and internationally and people came down and that is why you, the City spend lots of money on bricks and street lamps for Coconut Grove. We need the funds; we need it to generate money to the merchants; we need it to help ourselves. We need trash pickup in Coconut Grove. We need more PR, better PR in Coconut grove - plantings. All I can say is that we can't always get the money from the City. We want to help ourselves. We want to take responsibility. We want to fill a gap due to the closing of the Grove house. We want bring in some Florida artists. We want it to be a total Grove effect, total Grove input, what is best for all - the city, the merchants. The festival is not one person. It is not one person; it is not a vacuum, and we want to help. I would like to bring up Bill Klemmer, artist, Coconut Grove. Mr. Klemmer: I was born in Coconut Grove and Dinner Key Hanger in the 135 Hurri- cane. I consider myself a pretty good native of the Grove area. I am a product of the Grove. I was the first teacher at Grove House who started their school and one of the founding members of Grove House, which is a community or was a community, but still esistent representative of South Florida artists. Mr. Ongie: Would you give us your name please? Mr. Klemmer: Bill Klemmer, I am sorry. I am a recognized artist in the communi- ty as a goldsmith and have been sort of Peck's bad boy of the Chamber of Commerce and everyone else for many years because I always seem to take the wrong side in many issues. I am not taking any side in this issue because I am both an artist in the Grove festival. I am a participating member of Grove House and of the Chamber of Commerce and in the past have been with the Grove Association which puts on the Grove festival. I will be exhibiting in the Grove festival this year and I did agree with Mrs. Holzhauser at the time the Grove festival was moved that I thought it was a good idea because of crowd control. But I did not real- ize the economic detriment to the major area of the Grove or to the merchants, of which I am as well. I do not have a shop in the downtown area, but I do have a studio on 27th Avenue and fell that it would hurt the community terribly to move the festival physically to a different area from the original area that it has been very successful in fqr the last 18 years. I have a history of the Grove festival which orginated with the Left Bank Art Show given by the Coconut ff Id I/ � �. i i982 411, r Theatre where the office is of Charlie Zimmerman who was the PR director and the head of the gallery there, Ethel Blake. I was at that time chairman of floor sales at Grove House and asked to get as many artists as I could to line the streets. My sister at that time was president of Coconut Grove Junior Woman's Club and they collected all the funds from the artists and gave a per- centage to Grove House which at that time was the fore -runner of the Grove festival. It was decided the succeeding year with the advent of the begin- ning of Grove Association that they have the administration of running the Grove festival in conjuction with Grove House and Coconut Grove Chamber of Commerce and the other civic groups. The third year of the Grove festival, the Grove Association decided to pick the same date of the Grove festival as the Lowe Art Show which had already been existence for 7 years and I was also an artist in that show and I had been since its founding and I told them that I could not help them because it conflicted and I thought it very unfair for them to pick the date. Tim Sullivan who is a PR representative from FPL told them that he didn't care one way or the other, he was going to put the show on that year.at that time. From then on, it was downhill in relationship be- tween Coconut Grove Chamber of Commerce, Grove House and the Grove Association and has been in many years since. I have offered my assistance to the Grove Assocation through my familiarity with the merchants any everyone else con- nected with the Grove, but I have not been asked to participate in quite a few years. I am gone during the summer when a lot of the ground work is done, however I am here at least from November through the beginning of the festival and willing to assist them in their festival. I am not proposing that the Grove festival be expanded to two festivals, althought it would be an answer to solving everyone's problem, at least for the Chamber of Commerce and every- one else concerned, because Grove Association is the cultural arm of the Grove, but they have not assisted the Grove House in finding a new place; they have not been willing to assist anyone else in any other projects in the Grove other than to perpetuate just their art festival & musical shows. They do not have any other art show, although they consider themselves the cultural arm of the Grove. They do not represent anyone except the special elitist of the member- ship of the Grove Association. I don't know what to direct the Chamber in doing, except that I would like to see the Grove brought back as one unit where every- one participates from the show, not just benefits, but is willing to share the responsibility of the Grove festival. I am an artist, a merchant, and a very interested person of the Grove. Mayor Ferre: In the interest of time now, you have taken about 15 minutes. We have a long agenda; let's move along. Is there anything else you want to say? I think your presentation and your interest is very clear. Ms. Forster: The only thing that 1 think I would like to do is Bruce Hoffman who is a director would like to explain where we would like to have the art show which I think is an important consideration. Mayor Ferre: Bruce, just do it fairly quickly so we can get on. Mr. Hoffman: Yes sir. My name is Bruce Hoffman and I would like to just give you the particulars. You have seen the charts that we have up here in front of you. The red area as shown on the chart is, as we understand it, the area to which the present art show will be moved. In other words, it will go out of the downtown business district. It will be along McFarland and South Bayshore Drive. The green area that you see up there is the present area that the festival is held in and the area that we are concerned with here today and the area in fact, that we want to have our part of the arts festival retained in. I think we have basically two problems that we are trying to solve. One is that right now the merchants are going to be left high and dry if the festival is moved out and the second problem that we have and I think we are providing a reasonable solu- tion to is there is a total of 350 to 400 thousand people coming through; there is going to be a massive spillover anyway. And I think as far as any possibility of trying to discourage that many people coming, you might as well walk down to Biscayne Bay and tell the tide not to come in. Those people are going to come, one way or the other. What we are proposing to do is to provide a structured situation for the old area and which is in fact, the area that these people areused to going into. We are looking, and I want to emphasize one fact strong- ly, we are not looking for a conflict situation. I think what we are offering is co -existence and co -existence with a real reason and that we can provide an unstructured situation and a more relaxed atmosphere than what is being pro- posed now as being just the art show on the public land on South Bayshore Drive. We have also put in a good deal of work. This is not just something that we have come to you all on, just off the cuff to try and see if we can get your 78 1 t 0 JAR 1 lzo AKN r approval on something, but we have put in a good deal of work in preparing pro- posals with the garbage collection. Also we have spoken and this is only a pro- posal at this time, but we are talking on the idea of 30% of the net to go to the FOP in exchange for which we would be looking for off duty officers that we need for the situation. We are talking about roughly 250 booths to be set up at $175 per booth which comes out to in the neighborhood of $44,000. As you can see, we are talking about a good deal of money, all of which we intend to put back into the community. It will go not only to the FOP, but to the Chamber of Commerce for the various projects and for the beautification of the area we have been talking about before. So, not to waste anymore time on the issue, I simply would like you to understand that we are not asking for anything that wasn't done last year as far as blocking off those exact streets that were blocked off last year. Ob- viously in addition to that, McFarland and South Bayshore will be blocked off, but as you can see, that is merely a continuation and doesn't really represent any difference to the traffic flow. Mayor Ferre: Okay, thank you for your presentation. Can you make yours in 15 minutes? They took twenty, but maybe you can make it shorter. Ms. Holzhauser: I am Joanne Holzhauser, I live at 4330 Ingram Highway, Coconut Grove. I am the executive director of Coconut Grove Art Festival. I will try to go around on this as quickly as I can just from notes that I took as they went along. It won't be very connected, but here it is. Ms. Forster started out by saying the Chamber is the sounding board. I would prefer not to refer to these people as the Chamber, because I have direct information from members of the Chamber Board and members of the Chamber itself that they do not in fact speak for all of the Chamber, all of the merchants, so I will choose to use the word opponent. Mr. Carollo: Joanne, excuse me for a moment, if I can. You will get extra time. I would like to see if I could draw the battle line, see who is where. Can I have the hands of those people who are here with you? Ms. Holzhauser: I wish you wouldn't say battle lines. Mr. Carollo: All the people that are with you here, can I see there hands? Okay, and how about all the people that are with the other side. Okay, that is about 24 or 25 people. Thank you. Ms. Holzhauser: I didn't really think it was necessary to ask our members or supporters to come. These are mostly board members that are here. Mayor Ferre: This Commission has always been concerned. You know that. You have been around long enough. I was hoping that perhaps some of the busy people who sent letters might possibly be included in the count. The sounding board ... oh.. this is our poster if you all will come and look at it. What a beautiful poster we have coming out ... Coconut Grove Art Festival. This is produced - I know Mr. Carollo likes to know the dollars and cents - this is produced at no expense to ,.he City of Miami and on the back of it in 18 gorgeous languages it is going to have "Miami invites you". and it is going to have a lovely blurp about Coconut Grove and the shopping center and a lot of other nice things. This is our first effort for the community and for the City of Miami. Time magazine certainly didn't help us and the last thing we need is crowd scene at this festival which will be put in press all over the country as Marti Gras in New Orleans was last year. I am not sure whether you remember, but one person was killed, several were seriously injured and I don't know how many were hospitalized as a result of that. That is not the kind of publicity we need. They were very clear about it. I will congratulate Ms. Forster and Mr. Bucolo. In his private conversations with me they have never minced words. They said, and she said repeatedly they want us to bail them out, the PR fund, the whole thing about "take advantage of". She used that phrase several times. That's exactly what it is, taking advantage of. Mr. Bucolo has told me "that's it, you have the money, and we are going to take it". The public relations fund, I never been able to find out very much about. I am under the impression that it probably pays Mr. Bucolo's salary. I under- stand there is a magazine that was supposed to be produced some months ago and I am told that it just hasn't come out yet. I have asked Mr. Bucolo repeatedly for copies and I don't know where that is, so I think they have got some money you would find that has been contributed by people. I don't really know what it has been used for, but now we are being asked to basically sit still while they take what is our reputation and our integrity. and our time and service. mr. nucolo and Ms. Forster have both asked me for a list of our rejects. I don't have rejects. I have people who weren't accepted. I think it is also really a bit much to ask us to spend 12 months keeping an office going, keeping me and a secre- tary employed, both of us part time, may I add, to develop an entire festival and then to say to us, why don't you give us your list. I do not ever give my artier's ld list out by the way. The IRS and the City of Miami License Bureau are the only people who get lists, which makes it public property, but I don't give them to anyone. They look forsard to the Arts festival. Well, this wasn't quite the story for a few years. What we got was a lot of phone calls and a lot of gripes about the festival was blocking everybody's view. It was keeping them from — doing business. When we did the magazine a couple of years ago, only two mer- chants in the Grove cared enough to put ads in. The attitude of the others was either, "Well it is already here, why should we contribute" and the other answer was "Well all you do is make trouble for us". We have consistently through the years been told that the festival makes trouble for people. We don't like for -_ it to be that way. They talk about help each other. I have made repeated efforts =_ to do it. I have offered council time through the pleasure of my board to the Chamber of Commerce to the Goombay festival, to Overtown, to Kwanza, to a = number of other organizations. Dr. Lizaso has a standing offer from the Coconut =_ Grove Arts Festival that we will contribute consulting time to any non-profit ' group in the City of Miami. Some of them have taken us up on it, by the way. not the Chamber and not Goombay. I have contributed to Mr. Bucolo a number of ideas which -I am told by friends on the Chamber Board never come up before the Board. I suggested that they have printed with our poster on one side and their logo on the other a large number of plastic shopping bags and let each merchant do something like a free flower, drink with the meal, dessert or whatever. I think they could probably sell 50 or 60 sheets in that bag. I offered him that they would be welcome to come within the festival boundaries and distribute that in any way they wished to to encourage repeat traffic in Coconut Grove. I think you gentlemen will agree with me that there are very few woman and men that will not come back to the Grove if they have 50 or 60 goodie items to pick up. That will probably generate 4 or 5 repeat trips when they wouldn't have a festival crowd. He has, as far as I know, done nothing about this. We have offered them space with a booth to distribute whatever they want about the Chamber of Commerce. We offered them that in the original location; my offer still stands. I have an area, the women's club area which we pay for, but I have charitable and non- profit groups; we are happy to have them there. As far as being non-competitive, there is no way for it to be non-competitive. It just it. We have a reputation that we work very hard for. Compromising on the boundary, I don't know what com- promise there is, We are basically forced into the position of having the groups of people come in as we would say into our homes and say "I really like what you are doing, I have a van outside and I would like to load it up with what you _ have got and take it away. You are going to cooperate, aren't you?" and then having someone in authority say "Cooperate, let them have half of it. It doesn't hurt, you have got plenty". The hundreds of phone calls that the Chamber gets, this has gone on, I am not sure, maybe Stewart remembers if he is in the audience. I am sure it was Spencer Meredith. It has gone on for several years with the Chamber of Commerce to the point where I have written to them and said, "would you do me a favor and not give out any information about the festival, but my phone number" because frequently the information is not particularly helpful and —_ I just as soon they just give me the phone number. I would appreciate if they would do that. Her comment that "that is what life is like", yes? Mayor Ferre: I don't mean to tell you how to address this issue and all that. Ms. Holzhauser: But you are going to? Mayor Ferre: Why don't you address the issue and forget what they said and all that. I don't think that serves any purpose. We have a very clear issue here and I think you ought to describe it and what your position is in your own terms I think that this Commission will have to take it and make a decision. Well, I would like to comment though on what they said. One of the comments, if I may make one more is particularly urgent. In the meaning that I was invited to before the Chamber, and I have a board member here with me who was there. We were invited to discuss our problems. Ms. Forster gave me perhaps 5 minutes. At that point they told us that they had heard enough and that we couldn't keep people out of the Grove. She brought that up again. May I point out we are not trying to eliminate people. We simply want to eliminate dogs, cats, snakes and the other.things that people bring in. I don't think that is asking too much that we try in some way to eliminate things that are a problem. The biggest problem however, if you want me to get right to the heart of it is the crowd. The crowd this past year was unmanageable, unwieldly. I believe the Police Department agrees with me on the fact that we need some way to have a safe festival. Mayor Ferre: How large a crowd did you have? MI JAN 1 4 1982 Ms. Holzhauser: We had, according to the police figures about 450,000 spread over 3 days. There were times from noon until 5 P.M. or so on both Saturday and Sunday when it was impossible to move in the crowd. It is not a safe situa- tion. I cannot ask, nor will I ask the Police Officers to go into a crowd and arrest people. That is not what they are there for and that would only lead to more trouble. We have a boundary, if you will allow us to do it, which puts us in basically a similar condition to Winter Park and Las Olas who are beloved of their city fathers who are protected in every way by their city. I would like for us to be even more protected and on city property completely. This was not done to move this over for the rest of the century; it was our attempt in one year to see if we could put this where we could control the access not of peo- ple, but of people who were doing things that are detrimental and of the large, large, crowd. Those streets are very narrow and very dense. If we go down Mc- Farland and South Bayshore and on the apron in front of the exhibition hall, we have hugh amounts of property that people can spread out, be comfortable and we also will have a situation in which many of the people who have caused trouble we can attempt to ask them not to come in with whatever it is, including, may I add the garbage cans on wheels with ice and beer. That is one of the big prob- lems that is done in the festival continually. I just want to put us in a safe place. I would rather not address the whole problem completely, but I would like to say I have here a scrapbook, the origin of the festival is in some ways similar to what Mr. Klemmer said, but basically what we have got here is a group of people who have said for years We have a right to what you are doing. You are making big money." My audited report is on file with the City of Miami each year. I have never checked to see if the Chamber's is, by the way, but mine is. Dr. Lizaso and Mr. Howard and anybody else has had a standing offer, Mr. Gary's office has anytime they want to come and see our books, they are open. You can see every dime we spend. We are a non-profit organization chartered by the State of Florida. We do exactly what the law states that we do. We have nothing to hide. If I may say one more thing. The main reason Mr. Klemmer has not been able to help us is, if he wishes to be an artist, I cannot have him serve on the jury. I appreciate his offers of help. As he said, he is out of town through much of the formative stage. He was here for our Christmas party which is the only thing we have done since he is back in town. It is not an at- tempt to hurt anyone, but really is a case of your being asked to be Solomon and decide who gets the baby, and I am here to tell you that we are a non-profit or- ganization. If you hurt us, what are we going to do. I think that we bring im- mense publicity to the City of Miami. Mr. Carollo and Mr. Plummer who watch the budget lines, we are almost paying for our festival at this point with very little contribution from the City. Thank you sir. Mayor Ferre: You have only taken about 10 to 12 minutes, so go right ahead please. Ms. Holzhauser: Excuse me, could I mention just one more thing? I forgot to mention community groups supporting them. I have a letter from Hoffman saying that the Coconut Grove J C's are not taking any position on this matter, so I don't know... Mayor Ferre: You also gave me a letter from Woody Weiser which basically supports your position and it is going to be in the record. Mr. Carollo: Joanne, how much money are you being given by the City? Ms. Holzhauser: The festival committee recommended $12,700. I have been offered $9,000. I am spending a good deal of money on the showmobiles and the sanitation and Dr. Lizaso said that he might go to administrative process, no way we have.... Mr. Carollo: Are you settling for $9,000, or are you going for the $12,700? Ms. Holzhauser: May I talk about that after you have decided what we are going to do? Mr. Carollo: We will talk about it beforehand. Ms. Holzhauser: Well what I was hoping was that we could get rid of the festival... Mayor Ferre: Finish your statement. The other people had 20 minutes, now you have had about 13, so finish your statement. 81 i 1\ 1 Ms. Holzhauser: What I would appreciate is, can we just settle the problems about the location, because it is hard to go on to the other things if we are up in the air. Thank you very much. Mr, Welcher: My name is Henry Welcher. I am the president of the Coconut Grove Association. We sponsored the Coconut Grove Arts Festival for the last 19 years. There is something that has to be pointed out, and I think it it should be stressed to everyone present. This move is not a hard and fast move that is going to be for- ever and ever. We are doing it this year to avoid some of the problems that we had last year. Some of these problems were with the merchants. Some of them were crowd control. We were faced with the threat of an injunction last year by one of the merchants. We had thought, and this is a board decision by our board after a long and well thought out and well discussed session. It was a board decision to move the festival out of this particular area for the simple reason that we thought that the merchants, a lot of them, would be a lot happier having it out' of there because now their shops can stay open. There shops will not be blocked, people will be able to get to their shops and their sales should go up rather than down. They all say that when you have a festival there they have access to their shops blocked. That was one of the major factors. There is another factor and that is the potential danger of problems we have which is narrow streets where they don't have adequate fire access; we have parking meters sticking up that peo- ple run into. They have curbs that people have tripped on and we have plate glass windows everywhere. That was another consideration. We also thought that last year we needed more police protection than we had, so that is another fac- tor of why we are moving it. They have increased our police protection this year both in our are and outside of our area. These are things that we are things that we have really taken into consideration. It is a conciusness which we think will actually be for the benefits of th merchants in the long term. Every one knows that this is a very highly publicized event and a national festival and the last thing we need is for it to turn to a rank carnival type atmosphere and I think that whatever the intentions ofthe Chamber of Commerce members are that are here, they just don't have the time to plan this type of a festival and to pull it off properly and successfully. We have been planning our festival for the last 12 months after having had 18 years experience running these festivals and as a result of planning it for the last 12 months, we feel like we are fairly ready to go with it, whereas you just can't pull of a festival like this in 6 to 10 weeks planning, particularly if you haven't done one in the past. But, another problem that we have is our artists are very upset about the idea of having compe- tition right next door that is unjuried, that is unstructured. Our artists had to pay a jury fee; they have had to pay us in advance for the space and they are good competent well respected artists. We are one of the top four shows in the country. If you are going to have a show right next door to us that is totally unjuried, totally unstructured and there is no way to deliniate the two of those. There is physically no way to separate the two festivals when you have these crowds. The quality of the show is going to go down; there is no question about it. Thank you very much for your attention. Mayor Ferre: Alright, are there any further statements on your part? Let me begin by making this statement so that I can express my position on this, win or lose, just the way we see it. I have got friends on both sides and this is not a question of friendship. I think that this is very similar to controversy that we had about the boat shows. Okay? I think that these people have worked their tails off for 19 years to make this a success. They have worked hard; they have made it a success. They have a proprietary interest. I am talking about the Coconut Grove Street Fair. It has been an uphill battle. They have all kinds of problems on it. At times we didn't know whether it was going to survive or not. They have a proprietary interest. They own it. They have worked it; it is theirs; they have put it together. We have been in assistance to it, but these artists and these people who have put this thing on have built this from nothing to one of the more successful art festivals in the United States. We certainly are within the top 10 in the country. Now, they have not threatened, for which I thank them, and I think that is wonderful. Once they have become successful, this is a moving feast. If they were to say, look, we don't like the way the Grove merchants are treating us, we want this to be....we are all moving over to South Miami or we are going to hold it in South Miami and this is going to be the South Miami Art Festival....I would venture a guess that if these people who have been the organizers of of this thing, with their knowhow, with their lists and their names, and their artists were to move this to South Miami, it would probably be just as successful. Now, because what is successful about this is not the location anymore, but the fact that these people have 19 years of experience and a track record and a list of names. Now, that is No. 1. No. 2, this is similar also as if somebody were to come in and say, alright, Little Hava- na Kiwanis Club, you are organizing the Calle Ocho festival, but we also want to JAi� '1 982 f 4 organize a 27th Avenue festival to go in conjunction with you and we want to piggy back on your efforts and we want the right to put our bands and we want the right to put our things and piggy back on your efforts. You know these kids in the Little Havana Kiwanis Club have worked hard to get this festival underway. I think it would be unfair for somebody to try and come in and say that they are going to piggy back on them. That is No. 2. No. 3, I don't know about the other members of the Commission, but Plummer and I have been here for quite a while and we have been dealing with this issue for - I have been dealing with it - for 10 or 11 years and Plummer has about the same time, even though some of those years were different from mine. I want to say that usually the problem is the reverse. Two years ago for example, a lady who owns a flower shop in the Grove bitterly protested, came here and said these people celebrate this thing on St. Valentine's Day; they close down my shop; they spit on the street; they litter the floors; my regular customers can't come in and along came other merchants and she said she would give us a whole list of merchants who simply do not want this in Coconut Grove. Let them go to the park or let them go somewhere else. Why should they clutter up the entrance to my store? Now - were you that lady? Well okay, I will get you the record and I will ask the Clerk to pull the record of your words, and I may be paraphrasing.... (INAUDIBLE COMMENTS NOT PLACED INTO THE PUBLIC RECORD) Ms. Holzhauser: She wanted to change the time and we did. Mayor Ferre: Change the day and we changed the Valentine's Day and what have you. Now, usually the protest has been the merchants are not overly happy with the festival. Now, and I stand corrected on that. Now in conclusion, let me put it to you this way. You are entitled to have a festival. You want to have a Coconut Grove festival? You want to have two festivals? You want to have 10 festivals? You got my vote. I will support you for any festival you want. We will close down Main Highway and Fuller and you can have a bash and you can have an art festival and you can compete with them if you want. You want to have a merchant's art festival. Terrific! Put it on. Let me tell you about this art festival. It is one of the best art festivals in America. It is well organized. It is regarded.... people come from all over the country to be a part of that art festival. It brings prestige to this community. It has been an uphill struggle for them to get this thing going. Yes, I know - a lot of artists are upset be- cause they can't put their art into the festival. That is what makes this a good festival, because they are selective, because they do say "we don't want junk", excuse me, I don't mean to offend anybody, junk art or second rate art. They had a committee made up of people who are not, I hope, self-serving, I hope it is rotated. There are people who are respected in the community. It is democratic and open and fair. It has community participation and what they do is they decide what has the quality to be a part of this. It is an asset to this community. For us to start tampering with what is a success, in my opinion, not only might destroy the Coconut Grove Art Festival, but it might induce it to move to another location. I think it is not going to do any good to the mer- chants, and lastly I think that anybody who walks from Bayshore Drive up to McFarland, who wants to walk another 100 feet and buy a piece of jewelry or some clothes or flowers is going to do it. And I think that you are going to have, with this festival the way it is structured you will have thousands and thousands of people walking through the Grove anyway. I think you are just tam- pering with a goose that lays golden eggs and my advice to you is - leave it alone. Let these people do it there way. You want to have a festival, well go have your own festival. That is one man's opinion. If I am not mistaken.. would you tell us what your name is? Mr. Trainer: Charles F. Schultz, and I write Peanuts". Mayor Ferre: Well, Mr. "Peanuts", if I am not mistaken, for the record, I don't think that you had too many problems with support from this seat in the past 8 years. Mr. Trainer: I see no problems there. I am not talking about me, but I would like to apply what you said as far as don't tamper with the goose that lays the golden eRg. I think that the Coconut Grove Art Festival was successful because it is Coconut Grove. I have a tremendous feeling for this community. I love this place, and I love the Coconut Grove Art Festival and I have always felt this was free decor for the art festival and I always felt like I was a part of the art festival until I read all these comments that there is no longer a Coco- noL Grove Art Festival, if whoever's festival who wants to put it, in Peacock Paris. S3 Mayor Ferre: We also need your name for the record. Mr. Trainer: Monty P. Trainer, and I would like to be a friend of the Com- mission, the Coconut Grive Art Association, which I am a member of, and the Chamber, which I am a member of. I think we ought to leave the art festival where it is today, in the streets of Coconut Grove. That is what has made it so successful. And if you take it out of the Grove and put it into a City Park, it just becomes another cty art festival. This is Coconut Grove. Leave it in Coconut Grove. I don't know why...in the old days when you had all the _ derelics and the hippies and everything and we cherished these arts that would come to us once a year, and we helped them and we tried to present a good image of Coconut Grove. We are still doing this. I know that there have been isola- ted incidents where merchants have been unhappy, but I think that 99% of the merchants are happy with the Coconut Grove Art Festival. I certainly am. I would just like to see if maybe you can be the peace makers, since Father Gibson is gone to cpme bring everybody's hands together and bring the people together and put the'art festival back where it was. I know the Chamber doesn't want to put on an art festival, but they will. It may not be as good the first couple of years as the one we have now, but it will grow. You can't stop Coconut Grove. Mayor Ferre: Nobody wanted to. Mr. Trainer: And you can't take the Coconut Grove Art Festival and put it in South Miami. It won't work. They are trying it now. They tried to compete with us. Coral Gables tried to compete with us. Nobody can compete with Coco- nut Grove when it comes to art and art festivals because Coconut Grove, the streets, the merchants, the feeling. I am saying why don't you get everybody together and put it back and monitor it maybe a little bit this year, and make your own judgment, but it put it back in the streets of Coconut Grove where it belongs. Mayor Ferre: Okay. Other opinions? Mr. Carollo: Blessed are the peace makers, for theirs is the kingdom of heaven. Mavor Ferre: Well, we all have our opinions, and I think we are entitled to our opinions, aren't we? Mr. Meyer: My name is Marcus Meyer. I am the owner of the Sara Klein -Meyer Gallery in Coconut Grove, 3082 Grand Avenue. First of all, I would like to say that all my fellow merchants in stores next to me are very concerned about this matter, because of the Time magazine article, all the other problems we have been having, our business has gone down the last few months. On my block alone there are two stores that have closed. I have opened this art gallery four months ago, trying to bring Coconut Grove back into a cultural center. Two months ago there was another art gallery that just opened up and we need this. I am looking for other artists to bring galleries to Coconut Grove. They are not helping us any by moving it out of Coconut Grove. I represent many local artists and they are very concerned about this matter. I would like to also make it a point that I have called to Coconut Grove Association many times, try- ing to help my artists being represented, and have gotten very rude replies. And I have never been even given consideration to present portfolios on these artists, and they have never cooperated with me, and I just like to plead with you please, not to move it out of the business district. We are doing very bad. Many of my fellow merchants are considering closing this next year and this is going to be a major cause for their decision to close down. Thank you. Mayor Ferre: Wait, I need to ask you a question. You said this is going to be a major cause? Mr. Meyer: Yes sir, we count on it. Mayor Ferre: You mean to tell me that the merchants of Coconut Grove, that the difference between closing and not closing will depend on the art festival that goes Friday, Saturday and Sunday.? Mr. Meyer: This is one of our major things that we count on during the whole year for our business and for exposure. I have a very limited advertising budget and this is my major.... Mayor Ferre: Where are you on in the green map. Where is vcur shop. Oh, you arp — grand Avenue. Okay. Is that where you are? You think that by us having it in the green, you will have more people go to your shop than if we have it just 84 -- in the red. And they won't park in those areas to go to the red area, is that it? Ms. Holzhauser: He is not in it. He is on Grand Avenue which isn't part of either location. Mr. Meyer: (INAUDIBLE COZZ ENTS - NOT ON MICROPHONE) 'Ar. Welcher: They are going to take it to the red area or the green area, it doesn't matter where you are going to take it. I think that is a very poor excuse. I mean, you are going to take your animal anywhere, and.if you are a derelic you are going to go to the green area or the red area. Mr. Carollo: Joanne, why don't you be reasonable and let's have it only in only in one place, and compromise. The green area I think is a sensible area. I think you will accomplish everything that you had in the past and you will in the future, if you have it in the green area. Ms. Holzhauser: Mr. Carollo, that would not be a compromise. That would be allow- ing a group of people who don't know anything about running an art festival to dic- tate it. I am here to tell you that we carry extremely heavy liability coverage which we are having to up this year just to cover it. If the city fathers order us to go back into an area that we have said on the public record that we believe is dangerous for us to be in, I think you will find that you are in a legal posi- tion of advising us to do something that we alrea4y say is dangerous. May I finish. As far as a compromise goes, a compromise means that we give in and do what thev want us to. That sir, is not a compromise. I also believe that a com- promise happens when you have two people who have a contract and you can talk a- bout that. We cannnot, in our judgement put this festival on the streets on the downtown, whatever you want to call it, area of Coconut Grove. The gentlemen who referred to it as taking it out of theGrove, I believe that the Peacock family, among others, would believe that where we are putting it is essentially Coconut Grove. That is where it started near the foot of McFarland. I would like to point out, by the way, for this gentlemen. He called me once. He said that he would bring me whatever. I told him that we accepted only individual artists and that the show was closed three months ago. Is that true? Sorry about that, but that is what it is. It is not a matter of compromise, Mr. Carolla; we are asking for something that we believe that we have every reason and good faith to ask for it for this year. This year. We are pointing out that there are 51 other weekends in the year that the Chamber may have anything they want to. We have never tried in any way to interfere with them other than to say if you would like for us to help, what can we do. And I repeat to you, on the record, if this thing goes through and we are asking for it, they are still welcome to come within the festi- val and distribute their goodie bags. We are not trying to hurt them. They can - still have a table and talk about what they are doing. But cooperation is when they have something to offer us and they don't have anything. I have said re- peatly to them, "Please be nice, let's talk about what we can do. If you want to supply marshalls to us, I will give them special badges with Chamber of Com- merce marshalls, but we have an organization. I think the mayor pointed out per- fectly. If the City Commission is going to start ordering non-profit organiza- tions to get together and work things out, where will it stop? I mean, is Calle Ocho going to like this? Is the Junior League going to like it if you tell them they have to let the whoever —the Kiwanis..come in and tell them what to do? We are a private organization and we are trying to do what we think is good. I don't want to get into the history of Coconut Grove and what it is because we would be here all night. I don't want to talk about what happened 19 years ago, although I have the scrapbooks to prove.... Mr. Carollo: May I ask you a couple of questions? Ms. Holzhauser: Certainly. Mr. Carollo: How many years have you held your festival in the Main Highway area? Ms. Holzhauser: It has been from various places to various places Mr. Carollo. Mr. Carollo: The last few years though, you have... Ms. Holzhauser: The last few years it has been on a part of Main Highway and on Commodore and on Fuller. May I add one more thing that I did not bring up, but it is very important in our action, When this festival started some years ago, there were,I am not sure,3 or 4 families who lived back in *lain Highway. We now have arbitrare and now have Mr. Simonoff's property and we have the property that was owned by Mr. Harrison which is soon to be developed. We are in the JA Pr i i 1y0 C r position of risking having - those people are well-to-do - and we are in the risk of having someone come to us and say "I don't like having my front yard blocked. I don't like not being able to get in and out of my driveway. I paid a lot of money for this property". There are probably 40 or 50 households — sir, that we would be blocking. That is another consideration. This way I am blocking no one. Mayor Ferre: Alright, it is 5:15 P.M. and unless somebody else has something... Ms. Holzhauser: Oh, I am sorry, do you have another question? Mr. Carollo: I certainly do, Joanne, I was just waiting for you to finish. What I understand here, Ladies & Gentlemen and my colleagues on the Commission is that we are trying to create a peace treaty, some may call it that, and you are taking the attitude Joanne that "well, it is going to be my way or else it is not going'to be done". You are sticking your nose up to them and saying "Come on, I'll take you on, let's fight". Ms. Holzhauser: No sir, no sir. They started it; I have never done anything to them, I never will. Mr. Carollo: I just cannot comprehend, if you have held it in the past in the area where Main Highway is, why all of a sudden it is so dangerous to hold it in that area. Ms. Holzhauser: It is not all of a sudden, Mr. Carollo. It is the product of about 18 months of careful study, one festival after we perceived it as dan- gerous. I have had several people here who have been out on the streets, if you want to hear from them. It is sudden; it is not unguided. It has been a matter of deep and careful thought. By the way, I don't know what experience — they have had, but part of my training has been in negotiation sir, and part of it has been, believe it or not, in crowd control. So I am speaking from past experience of many years. This isn't something I have thought up. Do _ you have any, I mean I am sorry, do you have any question for me? Mr. Carollo: Let me make a statement. Ms. Holzhauser: He is asking me the questions Maurice, and I... Mayor Ferre: Joanne look ... the point is that we have been on this now for 45 minutes. Now he has a right. Any member of this Commission has a right to ask questions or make any statements, but I would like to bring this to a close in the next 20 minutes which is an hour of discussion, which I think is funny. — Mr. Carollo: Maurice, I have only spent 2 minutes. Joanne spent about 20 and they spent about 20 and you about 10. Mayor Ferre: You can spend as long as you want. Mr. Carollo: I just want to take another minute. Mayor Ferre: Go ahead. Mr. Carollo: What I have seen is going to develop here is that if you don't come to a reasonable agreement between the both of you, we are going to have a war for the next few years until one side or the other ends up winning or both sides end up destroying each other, or destroying your festival. Joanne, if I could see a reason, which I cannot, at least no logical reason why it has to be held in McFarland - Bayshore Drive, I would say fine, I would go along with you, but there is just no logical reason at all that I can buy why it has to be in that area. What is going to happen is if they can't work that out, you know what they are going to do, they are going to try,and I don't know if the votes are here, and maybe the votes are here and maybe they aren't - they are going to try to hold it iu the adjacent area then you are going to be competing against each other and if they can't hold it at the same time, then for next year or this year they are going to try to hold it the week before or the week after and you are going to have a complete set of circumstance competing against each other. They are not healthy. Ms. Holzhauser: I would be willing any weekend. Mr. Carollo: If you are not willing to bend at all Joanne, I tell you, then you are being very unreasonable and you don't have my vote for this, nor will you 86 JA N i 4 1982 C t have my vote for any additional monies to be funded. If on the one hand, these people do not have any funds from the City of Miami if they hold any festivals; you do. And I think as long as you are getting public funds, after all, those public funds are coming from a majority of these people who live in the Grove, they are not only paying taxes for their homes, but are paying taxes for their businesses and I personally believe that if all these merchants did not have there stores in the Grove. vour art festival would not have been a success in the past, nor would it be one now. One of the main reasons these people cote to the Grove is because of the businesses they have in the Grove. Ms. Holzhauser: Mr. Carollo...... Mr. Carollo: In manv cases thev are business that are very unusual that you don't find in anv other areas. Ms. Holzhauser: If you don't see anv of the reasons that I have given you as worthwhile. ,then there is nothing I can do about that and I would not do anv- thing so tackv as to recite before this Commission the list of neoole who have asked us to relocate. because we don't want to relocate. Mr. Carollo: Well Joanne. this is going to have to be a decision that you are going to have to make in the future.. Ms. Holzhauser: Not me, my board is. Mr. Carollo: I guess the rest of the Commission is going to make up theirs, but what I would like to do is ask the City Manager what his opinion would be of the recommendations. Maybe he could be a mediator. Mr. Gary: Mr. Mayor & members of the City Commission, we have studied the proposed two festival concept and we have had the Police Department in to review it in terms of ability to respond and to handle pedestrian as well as the vehicular traffic as a result of two festivals and I am informed by the Police Department that to have two festivals with an expanded area, we could not manage properly the acti- vities of both festivals as well as the fact that it would be very costly in terms of additional manpower that would be needed as opposed to prior year's festivals. It is our recommendation that the fesitval remain where it was in the past years and that we continue the festival in that vein. Mr. Carollo: You are recommending the festival to stay in the Main Highway, Commodore Plaza area. Mr. Cary: Exactly, with no expansion at all. Mayor Ferre: Is that the Police Deparment recommendation: Mr. Gary: Yes sir. Ms. Forster: Mayor Ferre, I just turned over a large number of names where the people want the festival in the Grove, and the Chamber of Commerce would be very delighted to be the sponsor of it, and I think it should be there and if the other people can have a festival somewhere else, let them have that too if it is within the law, but right now I think it is a crucial matter. It is divid- ing the people in Coconut Grove which shouldn't happen. We are happy people and I that if you do give us a permit for the festival, we would appreciate it very much to handle it, because I imagine the other people already have their permit. I thank you very much and Mr. Bucolo would like Mr. Carollo: My Gary, if I may ask, what and how many types of permits does this Commission have to approve, or at least the City of Miami for that festival to be in the red area. Mr. Gary: There is the closing of the street permit. She has to get permis- sion to close off all of the streets, make part of Main Highway and South Bay - shore. It is on the resolution. Mr. Carollo: I think it is simple. I think what this Commission has to do then is, not to issue those permits for McFarland & Bayshore Drive and issue the per- mits for both parties so either one or both could hold their festival in the green area, and I think these people would... Mayor Ferre: If that is the will of the majority, it is a very simple thing. You just mcir e a motion and we vote on it and if three people on this Commission vote 1 d 87 that way, that is the end of it. Mr. Carollo: It is the only way that you are going to have some peace in the Grove, Maurice. Otherwise, there is going to be a constant battle between them, just a constant battle. Mayor Ferre: Now you have your opinion, and I have mine. I think that if you do that, you are going to have chaos, and I think you are going to be much better off you know, following this thing.... Joanne I only really have one question of you. Because you know, the records kept going "you do this and you do that". This is not you, you have a board, don't you? Ms. Holzhauser: Yes sir, and I have a couple of board members who would like.... Mayor Ferre: Who is the chairman of that board. Mr. Holzhauser: Mr. Henry Welcher is. Mayor Ferre: Mr. Welcher, are you the chairman, or president? How many members on your board? Mr. Welcher: There are 14 on our board, and this was not a decision that we made lightly. Mayor Ferre: Was this debated on your board? Mr. Welcher: Very thoroughly. Mayor Ferre: Was it put to a vote? Mr. Welcher: Yes it was. Mayor Ferre: What was the result of the vote of the board? Mr. Welcher: The vote was in favor of moving it. Mayor Ferre: In other words, it isn't Joanne Holzhauser's decision. Mr. Welcher: That is why it should be clear and this is what I tried to explain in a meeting with the Chamber people on Monday night, that Ms. Holzhauser does not make these decisions. She coordinates with the board and any major decision like this is always made by a full vote of the board and it was this time. We had full input from all parties on the board. We had started discussing this I believe in May of 1980 about moving it. Mayor Ferre: Well, we have got to bring this to a head now. JA N � 4 iy82 Mr. Edward George Gerren: My name is Edward George Gerren. My address is 2750 Mac Farlane Road. I worked security at the festival last year for 2� days. I was on my feet from 6:30 in the morning until 7:00 P.M. at night. The area that the festival has been in is a very congested area but at the same time has multiple entry points. There are entry points at the end of Commodore Plaza, there are entry points at the end of Fuller, there are entry points at the end of Main Highway. It iw very difficult to control people coming into the area on bicycles, on rollerskates, with stereos, high on dope. I spent 10 hours asking people to please get off of their bicycle and not ride it through the festival area. If you can image a stray bicycle roaming into $12,000,000 worth of art, there were many near misses. Also, if there were any kind of medical problems, if a person fainted, there is no way you can get an ambulance onto Main Highway without going through a block of artists, absolutely none. This is the problem with that area. It is a very congested area, it is very difficult to control as far as people coming in. If you move the festival dorm on Bayshore you have the whole section of the Mutiny the Women's Club area, Lums, all of the business district basically blocking entry at those points so then all you have to worry about is people coming in at the end of Mac Farlane where it meets Main Highway and Grand Avenue or at the north end of Bayshore, other- wise you have the bay blocking people off so they can't come in off the water, it makes security much easier. Now, I have several friends of mine who are merchants in the Grove. I know they are suffering this year. I want them to do well with this festival and I think they will. I think there will be plenty of spillover from the people down here who will want to come up and have a meal in a restaurant, who want to come up and stroll in the shops. I don't think their businesses are going to be that drastic- ally affected and I hope that you will keep this in mind when you're making this decision. All I know is last year I had a lot of problems personally and the police had problems and next year is going to be even worse and I hope you'll keep that in mind and this is the only reason that we have asked tc move the festival. Ms. J. R. Kaiser: My name is J. R. Kaiser. My address is 1919 N.W. 14th Street and I am a board member of the Coconut Grove Association. As a mem- ber, while I'm listening to the arguments pro and con for us to be able to do this without competition, I would like the Commission and the Mayor to consider that at our next meeting I am going to suggest that we do not have an arti festival this year and that we find a location that is better for us than this area. So maybe you all ought to consider that you will lose everything instead of just part of something. Mayor Ferre: This thing has not been concluded, I really don't think that you would be very happy moving out of Coconut Grove and I don't think that the Grove people.... Ms. Kaiser: we wouldn't, but I don't think that as a responsible member I want to have it in a place where we can be at the mercy of an insecure posi- tion. I'm one of the people who was on the street. Mayor Ferre: Well, you have no guarantee of that, you're coming to con- clusions a little bit before. Ms. Kaiser: Well, I'm one of the people who brought up moving it because of the problems with security. We have a concentration of people and as some people do know, if you have a concentration of people like this, if something happens in the middle it is a great deal of difficulty to get to that person and event or situation. But if you have people strung out in a long snake or whatever, a long line, you have the ability to cut off some problem from the rest of the crowd and you have more - you can't even say control, you have more influence on the crowd, there is no crowd con- trol. Mayor Ferre: Okay, we've got to bring this to a close. Spencer? Mr. Spencer Meredith: My name is Spencer Meredith and I'll be very brief. This reminds me a little bit of some of the things we went through last year and historically it has been pointed out that there have been problems DO - - �h in previous years. V ere here before the Commission`ieally looking for a solu- tion. Mayor Ferre: Well, who is we, the Chamber? Mr. Meredith: I think everybody here is here before the Commission looking for a solution because we have very strong points of view on all sides. Just lis- tening to it, I would like to propose my own personal suggestion as something for you to consider when you're considering solutions. Would it be possible to bring the Art Festival back part way into the main part of the Grove and bring it on Main Highway in the green part of Main Highway and not on Fuller and Commodore Plaza? That would somewhat of a compromise position between keeping it where it is currently planned and bringing it all the way back in on Commodore and Fuller. Just another thought, another suggestion. That would allow traffic coming up from Old Cutler Road to come down and to turn. and go down Commodore Plaza, down Grand Avenue and then out Mary Street. Grand would still be clear, Commodore would still be clear and Fuller would be clear but ybu would have at least part way back in the Grove, so that's my suggestion. Thank you. Mayor Ferre: All right, how about that? Ms. Holzhauser: If you would like to hear, the artist who would be put in that place I'm afraid would be very upset. Mayor Ferre: All right, well let the Chairman... Mr. Welcher: Your honor, this was not a brand new suggestion, Mr. Meredith called me on Tuesday and presented this to me. I immediately called members of my Board to try to get their input on this and to get how they would vote on this, I called the people that were very much in favor of moving the festival last year to see if there was any change in their vote and there was not. The main reason is because this gets us right back in the same situation. Main Highway is completely blocked, they are going to have the same congestion problems, this is also going to run our festival out further which means that you're going to have people that want to see the art and they're going to have the problem. I still think we're so close to downtown Grove that anybody that wants to shop is going to walk an extra.... Mayor Ferre: Look, you're repeating your position now, I will not allow any- more repetition of things now. We've said it, if somebody has something new to say that has not been said, otherwise we've got to bring this to a vote one way or the other. Mr. Carollo: Maurice, I want to clear the record on something before he speaks. I would hate to disagree with the security director, but, Mr. Manager, didn't you say that the Police Department were the ones who recommended the green area, the Main Highway area? Mr. Gary: Yes, sir. Mr. Carollo: They felt that that was the better area? Mr. Gary: Yes, sir. Mr. Carollo: Well, I would like to go along with our Police Department, I think they're a little better prepared. SEcond of all, the only other point I would like to add, Maurice, you know, even what Spencer suggested, hold half of it in Main Highway, half on Mac Farlane Road, that is even a sensi- ble compromise. But my God, Joanne, it's either she gets it all or not. Mr. Welcher: Mr. Carollo, that's not Joanne's decision, that's not made by Joanne, i thought I made that clear when I told you that I called all the board members and got their vote on this on Tuesday night and Wednesday. Mayor Ferre: All right, make your last statement. Mr. Bill Bucolo: I'm the dreaded Bill Bucollo from the Coconut Grove Cham- ber. I live at 3034 Oak Avenue. Our major contention with the move, if it must be, is that the 400,000 plus people who flow into the area during the festival are going to spill into the village without any control, without any structure, without any arrangements made, now Mr. Welcher has made il- lusions to police coverage within the City, but there will be no structure within the village proper and that is another fear that we have that hasn't been brought out adequately and that is another reason why we want to stage 90 BAN 1 1982 a very loose, a very low keyed event on the streets if they, indeed, do stay by Mac Farlane and Bayshore. Thank you, sir. Mayor Ferre: All right, we've heard both issues, the Chair is now open for a motion from either side. Mr. Carollo: Mr. Mayor, I'm going to make a motion that we abide by the recommendation of our Police Department and that the Art Festival be given permits to be held in the green area in that map, the Main Highway Section. Mayor Ferre: For the record, Commodore Plaza, Fuller and Main Highway. Mr. Carollo: That's correct. Mayor Ferre: All right, is there a second to that motion? Is there a second? Mr. Perez: (INAUDIBLE, NOT USING MICROPHONE) Mayor Ferre: All right, further discussion? Mr. Plummer: From what I understand, Joe, you stated... State it again so I understand it. He's giving a compromise, your's was not. Mayor Ferre: No, no, he's saying do it in the green area. Mr. Carollo: Well, if we don't have the votes for the green area the next motion will be the other one. You know, let's see what happens. I mean, what I've tried to do is be reasonable. Mr. Plummer: All right, Joe, tell me now what you're proposing is that Joanne's group.... Mr. Carollo: What I am proposing is that Joanne's group, we'd better emphas- ize which Joanne, we've got two Joanne's. Mayor Ferre: Grove Street Fair. Mr. Carollo: The Grove Street Fair, is that the name? Mrs. Holzhauser: The Coconut Grove Arts Festival. Mr. Carollo: The Coconut Grove Arts Festival be given permits to hold their festival in the Main Highway, Commodore Plaza Fuller area, the green area in that r„ap. And included in the motion is before they come back next year they work out a compromise... never mind, forget that. Mayor Ferre: See, he doesn't understand that, you'd better clarify, you'd better get him, you'd better clarify it.... Peanuts, you're the one so get it clarified, would you? Mr. Carollo: No, Maurice, we've got two areas where they want to hold to hold it at.... Look, the bottom line is that I think we're going to have to reach and go for the compromise that Spencer suggested anyway. Let's, you know, reach the bottom line and let's make a compromise. Either we have the votes here or we don't, Maurice. Instead of making one motion and then go to the other, let's just make the one motion then we reach a compromise, I mean that should please everybody I hope, Joanne, and we hold it in the Main. Highway and Mac Farlane and then you have the best of two worlds. Mayor Ferre: Look, I think what you're saying is that it be held where it has always been held, that's what you're saying. What the merchants want, Commissioner Carollo is not.... Mr. Carollo: I realize that, Maurice, but what I'm going a step further in saying is the following: That, you know, we try to compromise, Joanne, too. Let's hold it partly where she wants to hold it and partly where it has been held before. Mayor Ferre: It has been held before in the place that you're saying is what I'm trying to tell you, with all due respect, I don't want to argue with you but Mac Farlane and Main Highway is where it has always been held. See, so that's nothing new. Mr. Carollo: But what is the exact area that you want it expanded to now? 91 Mayor Ferre: See, Peanuts didn't explain it right to you. Mr. Carollo: Right, you want to move it to the Bayshore Drive area. Mayor Ferre: That's right, that's the only new area. Mr. Plummer: Well, that's not true. What they're trying to do is this, in other words they had always gone back Main Highway in the past and they're substituting the Main Highway area of the past by going up Bayshore. It is an expansion to the east. Mayor Ferre: Which is what Carollo is recommending. Mr. Carollo: Did you use all of Mac Farlane last year or part of it? Mayor Ferre: Always all of Mac Farlane, for 19 years. Mr. Carollo: Mr. Mayor, that is the motion, that you have Mac Farlane and Main Highway. Mayor Ferre: And Bayshore. Mr. Carollo: No, no Bayshore. Mayor Ferre: Now, last year it was Bayshore, Mac Farlane and Main Highway, is that correct? And Fuller and Commodore. That's what last year was. (INAUDIBLE COMMENT FROM AUDIENCE) Now, I'm sorry to disagree with you be- cause I was there last year and the year before. Bayshore Drive was used last year and the year before that up to the Mutiny. It started at the Mutiny and it went all the way around the main street and up Commodore and Fuller. Mr. Carollo: The Mutiny is where exactly on that map? Mayor Ferre: Half way up Bayshore, half way up to Mary street, it is about in the middle. And what the merchants want, as I understand it is the same as last year, is that right? Which is from the Mutiny on Bayshore Drive up Mac Farlane, up Main, Commodore and Fuller. Mr. Plummer: Well, let me ask this question. Will that preclude on the mer- chants' part putting on a competing festival? . INAUDIBLE STATEMENTS FROM THE AUDIENCE Mayor Ferre: Hey, you guys, I think you're going to be all right and you're going to have the votes. I'm not voting with you because it is a matter of principle and I've got that right, you know I've got the right to vote my conscience. I think that these people have worked for 19 years to make this .... But that's not your decision to make. You have no proprietary interest in this thing, this is their thing. If you want to put on an art festival, _ I will support you as much as we support them. You put on an art festival, as long as it is not on the same day, you know, just like we did with the boat show. INAUDIBLE STATEMENTS FROM THE AUDIENCE Mayor Ferre: On the same day? The two art shows? Mrs. Holzhauser: Do you want to hear about Ann Arbor? Ann Arbor has gone down, the jury part of it, for several years now for the very reason that many artists will no longer subject themselves to going into a juried show when they have a thousand people on the outskirts taking the money. Mayor Ferre: Joanne, we're not going to get into that because we have been through that issue a hundred times and I'll tell you from my standpoint, maybe I've heard this too long, I will never vote for having the two boat fshows on the same day in the City of Miami because it is unfair and I will not vote for having two art shows in Coconut Grove at the same time, I think that is unfair. Now, if you want to have an art show I will support you 100%. You have your art show as long as it is not the same day and I think we owe you as much support as they qet and you go do your own art show, I've got no problems with that. (INAUDIBLE COMMENT FROM AUDIENCE) Well, 4 up until this date you know just as well as I do that there is a Board of Directors that has been running this thing for 19 years and they make decis- ions and come to us and I cannot recall in 11 years that I have voted that 92 �ys� JAN j I have ever voted differently than what they were recommending. Now, this may be the first time that the City Commission will not do it that way. INAUDIBLE COMMENT FROM THE AUDIENCE Mr. Welcher: That's not necessarily true, all the community. Mayor Ferre: Hey, listen, the merchants are entitled, you have an opinion. That's right, you make your own festival. Hey, that's the same thing that =_ I told that fellow who came here on the boat show. He said, I thought this boat show.... I said no, you want a boat show you get your own boat _ show and that's exactly what he did. ... Sir, if you want your Coconut Grove Art Festival you have my support and what we do for them we do for you and I will support you 100% and God bless you and I hope you do a better job and I hope you have 500,000 people and I hope it is the best art show and I hope we have two art shows. That's the best thing that could happen to Coco- nut Grove. I'in for you. Mr. Carollo: Well, Maurice, I'm going to take the same attitude that Joanne _ and her group has taken then, the original motion stands, the same place it was held last year, it was seconded, let's have a vote. Mayor Ferre: That's fine, there's a motion on the floor, it has been changed which is that it be in the same place that it was last year. Mr. Carollo: No, that was the original motion. Mayor Ferre: The original motion was Mac Farlane and Main Highway, Commodore and Fuller.... Mr. Carollo: Which was what the Police Department recommended which was that. Mayor Ferre: Fine, now it goes along Bayshore up until the Mutiny which is where it was last year, the same thing. All right? There's a motion. Is that you second? Is there further discussion? Call the roll. The preceding motion failed to pass by the following vote - AYES: Mr. Carollo and Mr. Perez. NOES: Mr. Plummer, Mr. Dawkins and Mayor Ferre. Mr. Carollo: Okay, let's go for a compromise motion then. Mayor Ferre: Make your motion. Mr. Carollo: The compromise motion is that we give permits to both parties to hold their different art festivals or activities at the same time in the places that they both have asked for. Mavor Ferre: Is there a second? Seconded by Perez, further discussion? Call the roll. — The preceding motion failed to pass by the following vote - AYES: Mr. Perez and Mr. Carollo. NOES: Mr. Dawkins, Mr. Plummer and Mayor Ferre. Mayor Ferre: All right, further motions? If not, is there a motion now for the approval of the Coconut Grove Art Festival in the areas as outlined in the map from Mac Farlane to Bayshore Drive with all the pertinent permits, etc., which is Item P39 93 23. CLOSE CERTAIN STREETS: COCONUT GROVE ARTS FESTIVAL, FEB. 19, 20, 21. Mr. Carollo: Maurice, you know I'm not going to against the will of the major- ity of the Commission, I made my motion, I lost, that's fine, but I will tell you where I'm going to stand firm. I think since Joanne and her group stood so firm with this I'm not about to give one cent of taxpayer's money then for her to go ahead and do her thing. I would vote to give her the permits, the area that she wants now since the majority of the Commission is going to be in favor, I'll make that motion. But when she comes back asking for greens I'm not going to be listening. Mayor Ferre: You're entitled. Mr. Carollo: I make a motion to approve it in the place she wants it. Mayor Ferre: All right, this is item 39, is that correct, Mr. Manager? Mr. Gary: Yes, sir. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 82-26 A RESOLUTION IN CONNECTION WITH THE COCONUT GROVE ARTS FESTIVAL, ON FEBRUARY 19, 20 AND 21, 1982, CLOSING CERTAIN STREETS TO THROUGH TRAFFIC ON SAID DATES DURING SPECIFIED HOURS AND ESTAB- LISHING A PEDESTRIAN MALL; SAID STREET CLOSING SUBJECT TO ISSU- ANCE OF PERMITS BY THE POLICE AND FIRE DEPARTMENTS; WAIVING ONE- —_ HALF OF THE RENTAL FEE AND GRANTING PERMISSION FOR THE USE OF PEACOCK PARK SUBJECT TO PAYMENT BY COCONUT GROVE ASSOCIATION, INC. OF ALL RELATED COSTS; ALLOCATING MONIES FROM SPECIAL PRO- _ GRAMS AND ACCOUNTS - QUALITY OF LIFE PROGRAM TO COVER THE COST OF SAID WAIVER, WITH THE ASSOCIATION TO PAY FOR TWENTY-THREE OFF - DUTY POLICE OFFICERS AND TWO SERGEANTS AND ONE LIEUTENANT; PROVID- ING THAT THE COCONUT GROVE EXHIBITION CENTER PARKING LOT AND THE CITY EMPLOYEE PARKING LOT BE MADE AVAIALBLE ON SATURDAY AND SUN - DAY; PROVIDING THE USE OF TWENTY THREE DUMPSTERS, AND FIFTY TOTE BARRELS TO BE SERVICED DAILY, INCLUDING SUNDAY, SUBJECT TO PAY- MENT OF CLEANUP COSTS BY COCONUT GROVE ASSOCIATION, INC.; ESTAB- LISHING THE AREA PROHIBITED TO RETAIL PEDDLERS DURING THE FESTIVAL PERIOD. (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. Mayor Ferre: To this lady who looks kind of distressed and upset, no, not you, there is a lady back there who is on your board and who I understand from her own words has made motions in the past to move the festival out of Coconut Grove, may I say to you that this Commission and this City has been extremely generous and supportive and I think that this vote again proves thatwe have been supportive and that you have the backing of the City and I hope that we can put to rest all of this talk about moving out of Coconut Grove. This has been the Coconut Grove Festival, now yoj have done a wonder- ful job and I think that the community is grateful to all of you for doing it. It has been your work, it hasn't been the Chamber of Commerce or the merchants that have worked on this and has spent upteen hours and years and years of putting this together but th�y�have been participants and they of 1yt32 {� JAIL j are a part of the community, they are taxpayers and they are people who are supporters even though you have fights with them all the time. I would hope that you would find ways, we've had these fights for years on end, every year I hear variations of it. I would hope that you would walk a little extra mile, that you would open the door, that you would be as supportive of their interests because they are affected too. And to the merchants that walk out of here feeling that they have lost, if you come back here with your own art festival, you organize it and you do the work, you send the mailing lists out, you get the people to cooperate and I don't know about anybody else, but you have my vote to support you 100% and I think it would be the greatest thing in the world if we were to have two art festivals, one jury and one open festival, I think you've got a winner there and I'll support you all the way on it. Mr. Welcher: Mr. Mayor, I'd like just to tell you that that statement does not reflect the feeling of our board, our board wants to stay in the Coconut Grove Area and I think it was said in the heat of the moment and I know this person well enough to know that she really doesn't feel that way most of the time either. Mayor Ferre: All right. Is there anything else? Mrs. Holzhauser: Do you want the housekeeping items that go along with that? Mayor Ferre: Yes, let's get all of those done now. Mrs. Holzhauser: We'd like to have permission to have large signs painted to be placed at all entrances stating "No bikes, skates, dogs, other animals or snakes allowed within the boundaries", this is at the suggestion of the Police Department that we need large signs saying this. - Mr. Carollo: Who will be paying for those signs, Joanne? Mrs. Holzhauser: We will. Mr. Carollo: Okay, that's fine. Mrs. Holzhauser: That we be allowed to place vendors in Bayfront Park, which we've done for the past two years, and by the way, Mr. Carollo, that's one of the ways I pay the bills is with the vendors, that Mr. Boccio who is under contract with the City of Miami as a vendor..... Mayor Ferre: Do you want us to do all of these things together or one at a time? Mrs. Holzhauser: I don't know, how do you want them? It doesn't matter to me. Mayor Ferre: All right, go ahead. Mrs. Holzhauser: That Mr. Boccio who is under contract to vend in Peacock Park, I don't put vendors in Peacock Park, I would appreciate it since my vendors pay quite a bit for their places, I'm not asking Mr. Boccio to pay us any money, but I would like it if he could be required to follow the same rules as my vendors, that is go in the same location and not have stacks of cans and drinks, my vendors have to be within a booth. Mayor Ferre: Do you have any problems with that, Howard? Mr. Gary: I don't fully understand what she is talking about. Mr. Holzhauser: Well, he stands out in the street with his hot dog stand ant rows and rows of cans and bottles and jars and I would like him to be with r.iy :):.hi:-, -vc ndors with a tidy stand, it is just as simple as that. I'm not asking him to pay us any money, I'm just asking him to clean up the act. I'm not trying to prevent him in any way being there, I just would like him to be under the same rules. Mr. Gary: As long as it doesn't violate our agreement with him, sure. Mr. Carollo: Okay. i Mrs. Holzhauser: That the City continues to purchase two works of art for $500 each, those are not purchased from us, no money goes to us at all, they are hanging upstairs all over City Hall and most of them have increased �5 dramatically in valul. I think some of you are enjoying the fruits of the Coconut Grove Arts Festival. We need to use all of the Glass House Recreation Center, we would like to pay for a City employee to be there for the whole three days so that we can use the phone, in other words we don't want the responsibility of the phone, we'd just like to use it and we'll pay one City employee or two if they overlap, to be there all three days. Mr. Carollo: Joanne, you'd better take it a step at a time. Mrs. Holzhauser: All right, if you want me to. Mr. Carollo: We've got one now that is going to cost us money, it's $1,000 if I'm correct, $500 for each art work. Mrs. Holzhauser: It's coming from something that last year was called the Quality of Life Fund.... It doesn't go to us. Mr. Gary: Vice -Mayor Carollo, with all these nitty gritty details, why doesn't she submit her list to me and I'll be able to make those insig- nificant decisions instead of wasting your time. Mr. Carollo: Okay, why don't you do it that way? Mrs. Holzhauser: I'll be glad to, but I have one last one. We would — request the remainder of the amount which the City of Miami Festival Com- mittee recommended, $2,700 or the waiver of the license fees for our vendors. Mayor Ferre: All right, keep that separate because Carollo said he wants to vote against that and he is, of course, entitled to. Mrs. Holzhauser: Well, Mr. Gary says these are housekeeping items that I can deal with with him. Mayor Ferre: Yes, I realize that, but up until now I don't think they're controversial, that last one might be controversial. Mrs. hulziiauser: all right. INAUDIBLE CO,LNfENT Mrs. Holzhauser: No, I'm not asking it for us, I'm asking that the City con- tinue purchasing two pieces of part from the artists at the festival which hang upstairs in City Hall. Mr. Carollo: Where upstairs, I haven't seen them. Mayor Ferre: Oh yes. Mrs. Holzhauser: Meredith Miller was right inside that first bay, most of the art you have upstairs is from there. We don't purchase it and we don't pick it, your committee does. Mayor Ferre: There is a committee that picks it and so on and so forth. Now, I'll tell you up until the money part let's do those. Do we need a resolution on that or not? I don't think so. Now, with regards to the money part, both the $1,000 purchase of the art, do we have a problem with that one? Mr. Carollo: How long have we been doing this for? Mr. Gary: I think for about three or four years. I think we take it out of the Recreation Department. Mayor Ferre: No, we've been doing it longer than that. Mrs. Holzhauser: Longer than that because you've got a lot of paintings upstairs. Mr. Carollo: Where will the money be coming from? Mr. Gary: We take it ouf Leisure Services' Budget, I'm sure there are a lot of departments that need some types of paintings, most of them have been in City Hall. Mrs. Holzhauser: And they do inc.re%in value. JAIN 14 1982 Mr. Carollo: I would vote for it only one one condition, that there is some specific departments in the City that are in need of some kind of art. Mr. Gary: Yes, sir. Mrs. Holzhauser: The Festival Committee recommended that we receive an amount and the staff cut ::s down for reasons that were absolutely erroneous, they said, Dr. Lizaso assumed that we were using it for administrative costs which is absolutely unfounded so we're just asking.... Mayor Ferret You're asking for an additional $2,000. Mrs. Holzhauser: We're asking for what the Festival Cocnnittee recommended, $2,700. Mr. Carollo: .'Where did the 10 or $11,000 you mentioned before come from? Mrs. Holzhauser: The $11,700 was what the Festival Committee recommended, sir. The staff, Dr. Lizaso cut me to $9,000. Mayor Ferret She's got $9,000. Mr. Carollo: Which has been given to her already? Mayor Ferret Yes. Mrs. Holzhauser: which goes back to the City for services. Mayor Ferret She wants another $2,700, that's what she's asking for nor.•. Did I state that correctly or am I wrong? Mrs. Holzhauser: Yes. Mr. Carollo: No deals, I've learned from you, no deals. Mayor Ferre: They've gotten $9,000 from the adjusted budget that was cut down. Mr. Gary: Yes, sir. Mayor Ferret They're now asking for an additional $2,700 because that brings them up to what the original recommendation was which was $11,700. Is that correct: Mr. Garv: Yes, sir. Mayor Ferret So what this additional $2,700, is that right? Mr. Gary: Yes, sir. Mayor Ferret Now, that's what you said you were opposing, is that right? Mrs. Holzhauser: Could I suggest, Mr. Carollo says no deals, but could I suggest what the other problem is? Mr. Carollo: That doesn't mean you can't cut one over there. Mrs. Holzhauser: I hope so. Last year the problem came up which the City attempted to solve by putting a resolution for $30 a piece for vendor's licenses. We've tried to work this out repeatedly time and time and time again, I still think there is a way to work it out. In the mean time, we're faced .... please, sir. we're faced with the reality that.... Mayor Ferret Joanne, I don't know about anybody else, but you don't have me on that one because Howard says it is against the law. Mrs. Holzhauser: I understand, but I would like to tell you what I am going to have to do. I don't want you all to say I did this behind your back. I am now going to have to ask each one of our artists and each one of our artists and each one of our vendors to pay the $30 and this has been a sub- Dect of poor publicity in the past, I'm not threatening you but I'm telling you I have to tell them they have to pay it and this has generated much hard- ship in other cities and you will get some comments on it. i Mayor Ferre: Well,lhat's the way the ball bounces. Howard, do you have any recommendations on this? Mr. Gary: No, I'm not going to touch that one with a ten -foot pole. Mayor Ferre: They're asking for the money and she says that otherwise they're going to have to charge all the artists $30 for a vendor's license or what- ever. Mrs. Holzhauser: You will, not me because I don't have $12,000 to cover it, particularly if Mr. Carollo won't grant me the $2,700. Mr. Gary: Well no, she incurs the expense, the liability is yours, it is not the City of Miami's. Mrs. Holzhauser: No, sir, it is our artist's have to buy licenses from the - City of Miami: Mr. Gary: Well, you know, they've got to pay that and we cannot give it back to you. Mrs. Holzhauser: I don't want it, I just want you to waive it. Mayor Ferre: Joanne, did they pay for it last year? Mrs. Holzhauser: No, sir, you waived it. Mayor Ferre: And the year before that? Mrs. Holzhauser: There wasn't one the year before that. May I tell you one more thing? Mr. Burns tells me that we are one of the few festivals with a large amount of people who pay it. I don't even want to say the percentage, but he tells me that a large number of festivals and vendors in the City of Miami do not pay this fee, we did. Mayor Ferre: If we waived it last year, why is it a illegal to waive it this year? Mr. Gary: Becuase we shouldn't have waived it last year. You see, you know, she got the benefit last year, she knew it was improper last year.... Mrs. Holzhauser: No, sir. Mr. Gary: No, we talked to you about that, Joanne. Mrs. Holzhauser: No, sir, I didn't even know it wasn't proper. Mr. Gary: Mr. Mayor, we cannot waive the license. Mayor Ferre: All right, that's final. Mr. Gary: Now, the issue becomes whether or not she charges her artists more or whether you want to give her $2,700. If the City Commission says they want to give her $2,700 then obviously we have to find other things to cut. Mrs. Holzhauser: That's not the $2,700 I'm talking about. Mayor Ferre: I realize that, it's more than that because $30 times all of the artists which is $12,000. But the point is that you're asking this City Commission for funds. You went to the Festival Committee. The Festival Com- mittee recommended $11,700. You've been cut to $9,000. You're asking for an additional $2,700. However, you said that you would accept, in lieu of that, the waiving of the fee. Howard Gary -says you can't waive the fee be- cause that's illegal. .... Mrs. Holzhauser: What you did last year was waive the fee, but I discovered after I had been in the hospital and at home for &month that what you all did was pay it from the contingency fund. I was never told that it was not legal, this was arranged with a meeting with Mr. Grassie who was then the City Manager and the notes should be very clear that it was done this way. Mayor Ferre: What's the will of this Commission? We've got to get on with other issues. Go ahead. Mr. Dawkins: I just can't see us waiving fees when we just turned down the merchants who we tax. OQ 0 Mrs. Holzhauser: All right, I'll withdraw my request that you waive the fee, but I would like to make one request, that the City re-examine the — policy that was established last year cif charging everybody a $30 vendor's fee and make it possible for everybody in the City to be legal and not have half the people not paying it and the rest of us doing it, that's all. Mr. Carollo: Well, as long as we don't have to pay any money, Howard, examine it all. Mayor Ferre: You don't have any takers on that, Joanne, here. Mrs. Holzhauser: I said I'll withdraw it. Mayor Ferre: Okay. Now, the only question before us is whether or not we give you the additional $2,700 which is what the committee recommended and it is up to tt}is Commission, if somebody wants to make a motion and if some- body doesn't that's the end of it. Mr. Carollo: Where is Mendez at? I want to see the exact list where the committee recommended the way it did. Mayor Ferre: Mendez got his and he's gone to celebrate. Mrs. Holzhauser: it was a recommendation and I would like to point out that other festivals that were recommended for smaller amounts or for zero by the committee were given money by Dr. Lizaso and that's why I'm asking for the $2,700. Mayor Ferre: All right, going once, anybody want to make that motion, twice, going three times. Mrs. Holzhauser: You're going to send me to the poor house. Mr. Carollo: You look pretty healthy, Joanne. Mayor Ferre: You came out a winner today so don't complain too much. Mrs. Holzhauser: I would like you to know that I have a whole lot of those posters and some gorgeous postcards that we're donating to the City of Miami in return for your favors to us. Thank you. 24. PERSONAL APPEARANCE: ERNY FANOTTO REGARDI'IG TURNING OVER OF CITY CYVNED FACILITIES TO THE SPORTS AUTHORITY. Mayor Ferre: The Taxpayer's League of Miami and Dade County, Erny Fanotto. I think I remember that name from before. All right, Mr. Fanotto. Mr. Erny Fanotto: Erny Fanotto is my name and I'm President of the Taxpayers' League of Miami and Dade County. Honorable Mayor and Members of the Commis- sion, first I would like to start off by saying that this here Sports Author- ity, the stadium is going to cost, they claim theirself between 720 and 760 million dollars and it's not pennies. And I think you people have an obliga- tion to reappraise it. Mayor, I also want to tell your new Commissioner, Mr. Dawkins, if you don't mind, Mr. Dawkins and Mr. Perez how they intend to get the money and I want to analyze that very clear. I want to start off by say- ing as far as the Orange Bowl is concerned, gentlemen, you can't turn over the Orange Bowl to them without compensation. You can sell it, you can trade it or you can use that money to build a new stadium but you can't turn it over without compensation. Now, even if you turn it over to them, even if you sell it to them - Mayor, when you get ready I'll start. No, I want to wait until you're here. I don't think half of you fellows knows whats going on up there outside of Plummer and he's not there all the time. Plummer, while he is gone I'm going to tell you something, for a businessman this is a kiddie show up there. I'd just like to start off by saying that there is a law that covers general oblige:i n bonds and revenue bonds. Now, even if you folks do sell the stadium and want to buy bonds who are you selling it to? You're selling it to a Sports Authority that has no assets and they won't get any assets unless general obligation. bonds are voted or revenue 99 V, bonds, so if you're going to give them the stadiu, they have no assets. Where are they going? And I also think that you folks made a big error when you accepted the conditions that you were to have your Sport Authority members. You know what that says? You're allowed to have two Sport Author- ity mambers providing you give them the Orange Bowl by 1983. That is some deal, isn't it? Commissioner Perez and Commissioner Dawkins, I want you to know that. In other words we're trading two people on the Sports Authority if we give away the Orange Bowl. That's some business deal isn't it? And you know what they say? And in 1983 if you don't turn it over they'll have to resign. Mayor Ferre: Can I have anything to say as to who we trade? This is like trading in a football team or a baseball team... Mr. Fanotto: Well, if you don't mind if I finish, Mayor. Mayor Ferre: No, I don't mind. Mr. Fanotto: Commissioner Plummer, I want you to hear this. Here is where they say they're going to get the money, $11,000,000. The manager and owner of Jai Alai says that they can get $11,000,000 of the money they turned over to the State. Now, they don't have any more chance of getting that than the man in the moon because I want to tell you why. The author of the Race Track Bill was...... Mr. Carollo: Hey, hey, don't mention that name now. Mr. Fanotto: Well, anyway I'll get his name in a minute. Anyway, he turned it over, the bill went through with one condition, that every county has the same - Dan Scheppel was the author of the bill. Now the bill went through with this condition, that every county gets the same amount of money. Mayor Ferre: One sixty-seventh. Mr. Fanotto: We don't get one cent more even though most of the race tracks are here. But that is the condition and it had to be through referendum. Now, for them to say, this gentleman comes up and says - ..... Well, let me tell you what the procedure has got to be, that they have to go through a referendum of the whole State and they have to vote on it to rescind it. The Legislature and Senate cannot do that because all the counties voted on it and all the counties have to vote against it. So they're not going to get that $11,000,000. Now, we're going to the skybox and here is the biggest rip-off I ever heard of. In Texas in 1972 when conditions were fairly good and we didn't have inflation and we didn't have a high prime rate like we have now they said that they can sell $50,000,000 of sky boxes. Now, they think they can sell sky boxes here for $200,000 or $250,000. Gentlemen, with the condition that corporations are in today and businessmen, they're not going to get it, they're not going to sell just a few of them at 200 or $250,000 but yet they claim they're going to get a lot of money for that. You know as well as I do they're not going to but yet they come up with these crazy things. Now, in addition to that, they want Broward County to pay for half of it. I don't know if you folks are familiar with what is taking place in Broward County, they're having a lot of tax trouble just like we're having here and they had a petition recalling the Commissioners because taxes were too high. Well, I'm going to ask you this question. Do you think the people in Broward County are going to vote for half of a $720,000,000 referendum with the financial condition and high taxes the way they are today? You've got to be out of your cotton picking mind if you think so. So they won't have any money. So ever, if you do want to turn over the Orange Bowl to them isn't that silly? When you turn it over to somebody that won't have any assets. Now, there is a law, as I said, governing this and I'm going to read it to you. Mayor, I want you to hear this ruling, I want you to hear the law that governs this here. (1) Section 163.387 contains a final disclaimer. Revenue Bonds issued under the provis- ion of this part shall not be deemed to constitute a debt, liability or obligation of the local governing body or the State or any political sub- division thereof or a pledge of the faith and credit of the local governing body or the State or any political subdivision thereof but shall be pay- able solely from the revenue provided therein. I want you folks to under- stand that. All such revenue bonds shall contain on the face thereof, a statement to the effect that the agency shall not be obligated to pay the same or the interest thereon except from the revenue of the agency held or generated for that purpose and that neither the faith nor the credit 100 J A N, 82 nor the taxing power of the local governing body, county or state is pledged to pay, is to the payment of the principal or the interest of such bonds. I hope you folks digested that. It is clearly clear that the bed tax on franchise tax cannot be pledged nor can any other source of revenue be tapped to retire their revenue bonds. They must sink or swim on their ability to generate sufficient revenue to self -liquidate, no other sources permissable. In plain words, they can't reach out and use any franchise tax money or any other tax moneys, that's the assets of the taxpayers. The recent case of the Florida Supreme Court on the Miami Beach Redevelopment Agency clearly spells it out and this is a similar one. In that case, the trial court through Judge Testa ruled that no other pledge or source was contemplated by the statute. The incidental private/commercial use is permissible. This landmark case should be read by all including the attorneys. A referendum is required if other revenue or public pledges of ad valorem tax is author- ized. In plain words, if they want to tap the franchise tax money or the bed tax money'they've got to through the revenue bonds but a referendum, the taxpayers'have the last say. Now, here is the finish. The clarion call of this case can and should not be lightly ignored by our public officials. If there is the slightest possibility that public obligation shall come into play then the Florida Constitution mandates a referendum. The public must have voice before their property is pledged. That means that the taxpayers have the last say. And gentlemen, I want you to know one thing, you're an elected employee of the taxpayers and you are not to give no Orange Bowl away with- out a vote of the p_ople and I'm going to tell you one thing, if you do, I'm going to go to court and get an injunction blocking it and have the law right to the letter abided by. Gentlemen, I have no more to say except I did want to say this here, Commissioner Perez and Commissioner Dawkins, I didn't congratulate you on getting elected and I do and Mayor, you got elected as well. Mayor Ferre: You didn't congratulate me either, aren't you going to con- gratulate me? Mr. Fanotto: I just said I want to congratulate you too, Mayor. So anyway, that's it and don't be foolish, they're not ever going to build the stadium, Broward County is never going to vote for it and the public is not going to vote for it so don't fool the public. Thank you. Mayor Ferre; Of course not. Arriva derchi. Okay, Ern;, thank you. NOTE FOR THE RECORD: IRVING MC KNIGHT DISPLAYED A NEW BANNER DEPICTING THE LIKENESS OF DR. MARTIN LUTHER KING, JR., TO BE USED IN THE PARADE COMMEMORATING HIS BIRTHDAY. 25. CLOSE STREETS IN CONNECTION WITH INTERNATIONAL FAIR IN THE ORANGE BOWL JANUARY 21 THROUGH JANUARY 31, 1982. The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 82-27 A MOTION OF THE CITY COMMISSION APPROVING A REQUEST MADE BY LUIS SABINES, LATIN AMERICAN CHANBER OF COMMERCE, FOR CLOSURE OF A CITY STREET IN CONNECTION WITH THE HOLDING OF THE INTER- NATIONAL FAIR IN THE ORANGE BOWL TO BE HELD JANUARY 21 THROUGH JANUARY 31; PROVIDED SUCH FAIR MEETS THE POLICE DEPARTMENT'S RECOMMENDATIONS. 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-r;a}'Or Joe Carollo Mayor Maurice A. Ferre NOES: None. 101 Mr. Luis Sabines: 0. Mayor .and members of the Citommission, I don't know if that move approved what we presented here for the carnival, the bingo and games. The bingo and games like the church has in the festivals. Mr.. Gary: We can't do that, it is against the law. Mayor Ferre: All right, we have to ask the City Attorney whether or not it is legal. Mr. Plummer: No, I'll give you a better one than that, I make a motion that they be approved to put on Bingo just like the Church. Mr. Sabines: Right, just like a church. Mr. Gary: You can't violate your own ordinance, he said. Mr. Knox: Section 38-44 of the Code provides that no person or organiza- tion shall conduct raffles, bingo games, card games with money or drawings for prizes or participate in any other form of gambling within park limits whether they are for charity or otherwise. Mr. Plummer: Well, it's not a park, it is a parking lot. Mr. Knox: It is the Orange Bowl facility, Commissioner. Mr. Plummer: The man says we can't do it. That's never stopped Luis in the past but he says we can't do it. Mr. Sabines: It's just because of the place? Mr. Plummer: Yes, it is a public park. Mr. Sabines: If next year we move to the dog track we can do it according with the law? Mr. Plummer: According to him he said yes. According to our lawyer, do you understand what he said? Mr. Sabines: Yes, I understand. Mr. Plummer: He legally cannot approve it. Now, is there anything else besides closing of the streets and Bingo? Beer? Mayor Ferre: Beer we can approve. Oh, there is an ordinance against it? Well, then that's the end of that, no beer. Mr. Plummer: I don't believe it. Mayor Ferre: Well hey, the law is the law, do you want to change the law? Mr. Plummer: No. Mr. Carollo: Wait a minute, Plummer, weren't you the one that was screaming this morning about the selling of beer in the Orange Bowl and the 15 yaar old kids have been drinking the beer and the pot and what have you? And now you're going to tell me that you were going to present a motion for beer? Mr. Plummer: I didn't say I was going to present a motion, I'm asking a question. Mr. Carollo: Boy, it must be a full moon out. Mr. Plummer: Yes, all of you would know. Is it a part of the ordinance or a law? Mayor Ferre: Into the record, please. UNIDENTIFIED SPEAKER: It is an o:dj nance governing carnivals and it is done through the Zoning Department and it has a stipulation in there of no gambling and no beer. Mayor Ferre: What else have you got? Mr. Gary: That's it. Mayor Ferre: Mr. Sorg, you're on Item 14. Mr. Carollo: Stuart, excuse me, is there going to be a need for the Commis- sion to vote on anything that you're going to present? Mr. Stuart Sorg: I'm Stuart Sorg, Chairman of the City of Miami's Waterfront Board. I'd like to bring you up to date on about 4 issues and ask for your support on a couple more. First of all, at the last Commission Meeting about the naval vessels coming into Bicentennial Park, I think I need to get together with.Mr. Gary and decide what portion of that bulkhead we're talk- ing about. I will be going up to Norfolk to talk to the Sinclantflt Fleet and the Srflnt who handles the vessels so we need to decide what is available. The second thing is on the Florida Boating Improvement Act wher we are going to try to get some of those funds, I will be going to the County Commission some time next month. I would like to also ask the Commission, if they would, to prepare a letter of appreciation to the Coconut Grove Sailing Club's Orange Bowl Regatta Committee. As we talk about crime and the problems of the City of Miami here was one of the most magnificent factors, over 200 young college kids came down from all over the country even though Time Magazine had come out with those unfavorable articles, they came that's the best publicity we can probably get. Mayor Ferre: Stuart, just tell my office to call the department and that's something that .... Mr. Sorg: Could we make the presentation here one day? Mayor Ferre: Yes, of course, that's a routine matter. Mr. Sorg: All right, sir. Following a motion of the Waterfront Board, we would like very much, if we could, to have the City prepare an audit follow- ing the Feat Marwick audit to the City on the marina funds, those prior to January and those funds since then. There seems to be no identification as to what those funds really are. We need to have that also done. We would also like at this particular time for the City.... Mayor Ferre: You don't need a resolution for that. Mr. Gary: They've got to do that any way. Mr. Sorg: Can that come from just the Manager's Office, a separate audit for those funds? Mr. Gary: We have to do it anyway. Mr. Sorg: All right, that's fine. The next thing is the live aboards, at a City Commission motion, we were determining whether live aboards should remain at the City marina facilities, at the Waterfront Board, it was their unanimous decision that live aboards should remain here. There is a City definition that a live aboard is someone who remains or, board a vessel dur- ing 10 days of a 60 day period so it is already defined in the Code itself and I just would like to have a motion by the Commission that live aboards can remain at the City facilities. Mayor Ferre: You don't need a motion, it already exists. What you need a motion to is to remove it which I am very strongly inclined in favor of but I will certainly since I made a commitment to you to follow the Waterfront Board - was that a Waterfront Board motion? Mr. Sorg: That's a motion. Mayor Ferre: Well, I'm stuck then. In other words I've got to bite my tongue or: it. Okay. Mr. Sorg: We just want to say that live aboards can remain at City of Miami marina facilities and we need your support on that. 103 ; Mayor Ferre: Is houn the Waterfront Board? Mr. Sorg: Yes, sir. Mayor Ferre: Okay, did he recuse himself from voting or am I going to have to get Janet Cooper after him for having a conflict of interest? Mr. Sorg: No, sir, he was voting. Mayor Ferre: He voted? That's not fair. Mr. Sorg: But it was a unanimous vote, sir. Mayor Ferre: I see, and you didn't influence him at all, is that it? Okay. Mr. Sorg: We would like Commission support that live aboards can remain at the City marinas. Mayor Ferre: Stuart, you already have this Commission's support leqallv. The only way that they cannot live aboard is if this Commission specifi- cally made a motion to reverse that. You don't need to do anything. Mr. Sorg: But what I'm saying is in November the Commission made a motion saying that at the following meeting we would determine whether or not live aboards would remain at the City of Miami's facilities. Mayor Ferre: Okay, and since the Waterfront Board now recommended that live aboards remain, since I was the guy that stirred up the hornet's nest, I'm telling you that I will live up to my previous commitment which was that I will follow the Waterfront Board's recommendation. Now, if some- body else wants to throw out the live aboards they can do it but unless somebody makes a motion otherwise, I think a non -action on our part is concurrence with the continuation of the existing policy. Mr. Sorg: All right, sir. Mr. Plummer: Well, as I recall, our policy is that the management company would determine the amount or percentage of live aboards. Mr. Gary: No, we decide that. Mr. Sorg: The City makes that decision. Mayor Ferre: I think we've only got what, 24 now? Mr. Sorg: There are 70 at Dinner Key and there are 16 or so at Miamarina. But under the new resolution that we just came up with there are bound to be some more because we have now defined what a live aboard is. Mayor Ferre: Well, look, if one of you wants to bring it up I will take it up but as far as I'm concerned, you know. Mr. Sorg: Can we just drop it the way it is and stand with the fact that they are.... Mayor Ferre: Unless somebody wants to bring it up the policy stands as is. Mr. Sorg: We can assume there is support then. On the issue of the sur- charge which was also brought up at the same November Meeting, we have formed a committee of City people and also live aboards and also the Water- front Board, we'll come back in a month or so on that particular issue. Now, about six months ago I presented a resolution from the Coconut Grove Development Authority supported by resolution from the Miami Marine Council and also a letter from the Greater Miami Chamber of Commerce asking that the City establish a City of Miami Police Marine Patrol. We are one of those few cities that are first class cities actually in the world that has no waterborne marine patrol. What I would like to do today is I would like for the City Commission to appropriate $40,000 to ride on top of the $80,000, I assume it is coming from the State, that we may get this Police Marine Patrol in operation, I think it is a small amount of money to ask for for a vital police requirement. I think there have been two crimes recently around the waterfront, we've got.... Mayor Ferre: Stuart, does that have the support of the Police Chief? 104 , . JAIv : -: 1982 s Mr. Sorg: Yes, sir.S Mayor Ferre: Is that on the record, Mr. Manager? He's asking for $40,000 in addition to the 80 that is part of Item number what was it, 39? Mr. Gary: No, that's not in agreement with the Police Chief because he is recommending 80. Mayor Ferre: Mr. Sorg says that the City needs an additional $40,000. Mr. Sorg: For the operational expenses to run the boats. Mr. Plummer: Bring that with Item 22 or 21. Mayor Ferre: Is that part of the recommendation of the administration on this? Mr. Gary: No', the administration is recommending 80. Mayor Ferre: All right, what else have you got? Mr. Gary: Compared to zero, we're moving ahead. Mr. Plummer: We're not doing anything on it, it's like the first item, we're taking no action. Mr. Sorg: Well, how do we get some action taken on it? Mr. Plummer: We recruit the live aboards and they become the Marine Patrol. Mayor Ferre: Seriously, you've got to work with the administration on this. We can't just arbitrarily, it has to have the Police Chief's support put into it. Mr. Gary: We agreed that we're going to put $80,000, we're putting $80,000, Mr. Sorg is saying because it comes from the State he still wants us to put our 30 in or put 30 of the City's money. You know money is money, it is all taxpayers' money. We are recommending $60,000. Mr. Sorg: The requirement, Mr. Mayor, is $120,000.... Mayor Ferre: Whose requirement? Mr. Sorg: There's $80,000 for the boats and you've got operating expenses to run the boats. Mayor Ferre: Stuart, if the Police Chief of the City of Miami and the Man- ager come up with that conclusion you have my commitment that it has my sup- port. But if it doesn't have the Police Chief's support and the Manager is not recommending it, I can't arbitrarily come out and say we're going to give them $40,000; I mean it's got to be documented. Mr. Sorg: Well, we know that when the Marine Patrol was started in Fort Lauderdale they sold boats that the confiscated and raised $270,000. All I'm trying to say is how to I proceed with it because I know that's what is needed? Mayor Ferre: You proceed with the administration. That is not something that the Commission can unilaterally and arbitrarily do without the con- currence of the administration. Mr. Gary: Mr. Mayor, in this regard, in all due respect to Mr. Sorg, I think with regard to the responsibility of the Marine Patrol he has ful- filled it. Now, he has developed a plan, we've got the budget, it is now up to us to implement it. Now we have no problems sitting down with Mr. Sorg to explain things and to hear his side. Mayor Ferre: All right. what else do you have, Stuart? Mr. Sorg: The last thing I've got before me is two contracts, one on the Miami Yacht Club and one on the Miami Outboard Club. Here are two clubs that operate on City land, one contract was dated 1980, the other is dated 1979. We're talking about a loss in revenues to the City of Miami of about $55,000, Now the Coconut Grove Sailing Club has entered into their contract and they are paying $25,000. 105 Mayor Ferre: Stua you are absolutely correct an0the Miami News and Bill Gjebre is totally correct, Mr. Manager, we've got to correct that immediately. So I would like to, unless members of the Commission stop me, instruct you to immediately finalize negotiations and bring this on an equal basis to the City Commission, hopefully by the hext meeting so that we have apples to apples. I think that you're absolutely right. It is unfair for us to be charging Coconut Grove and these other clubs - funds for these Watson Island Clubs to be getting away on the premise that we're going to build a theme park there. Mr. Gary: Do you want this retroactive? Mayor Ferre: If you can get it, I don't know whether you can make it retroactive, I doubt it, I doubt if you could make it retroactive. Mr. Sorq: Make it retroactive. — Mayor Ferre:' You can't, Stuart. Mr. Sorg: Even if it has to go on a monthly basis it should be done. Mr. Plummer: Somebody is forgetting something somewhere here. You might recall that both the Miami Yacht Club and the Outboard Club wanted a con- tract and were willing to pay rent. Mayor Ferre: Well, we're getting to that point now. Mr. Plummer: Okay, but Maurice, the reason they were not given a contract was the theme park and we said, all right, you stay there but it has got to be on a month to month basis. Miami Yacht Club wanted to come, they wanted to take and they wanted to extend their docks, they wanted to do this, that and the other thing - no. Mayor Ferre: That's all fine and you're right, up until the time that the administration developed a plan to develop that marina area which is hot off the press a couple of weeks ago. Now, is that right, John? It hasn't - come before the Co — ission so what I'm saying, and I haven't seen it, I just saw a sketch of it, so what I'm saying is bring it before the Commis- sion so that we can finalize the contract with the Miami Yacht Club and the other vacht club, the Outboard Yacht Club and they could pay their fair share. Mr. Sorg: Right, but my point was that the formula to determine rent was based on bottom lands and uplands which should have been exercised anyway. There was no reason to postpone it. Mayor Ferre: Yes, but their argument is fine, if you give us the same right that you gave the Coconut Grove Yacht Club to expand and build a building and do all of this.... Mr. Plummer: Or a multi -year lease. Mr. Sorg: But that had nothing to do with it. Coconut Grove's lease is based on bottom lands an up lands just like this one is and they should be paying now on a regular basis. Mayor Ferre: Fair point, bring it up at the next Commission Meeting or whenever you're ready after you've negotiated a contract. Mr. Plummer: Stuart, let me ask one question, getting back to the Marine Patrol. Has any consideration been given or could we incorporate the use of almost half a million dollars we have spent for a fire boat, is there any way or did the Waterfront Board look into the use or the double use of that one vessel? I don't know and I think it is worth exploring because we find that the actual one time cost of capital outlay is really not the big nut to crack, it is the personnel to man and to staff it and I would hope that it would be discounted first before we go and get the second boat, that the one we have bought for the Fire Department could not be used because it is amphibian, by the way, it will go on land or water. So I hope it will be considered.. Mr. Sorg: Well, what would you recommend that I do, get with Mr. Gary and come back on these? 106 JK�� i 1y Mr. Plummer: I wous say that you would at least go into consultation with the Fire and Police Chiefs and find out whether or not that boat could be used for boat purposes, I don't know that it can. Mr. Sorg: Let me ask the City Manager, are you saying, Howard, that the $80,000 is the total amount requested by the Police Chief? Mr. Plummer: It is Item 21 I believe. Mr. Gary: Yes, it is. Mr. Sorg: That is the total amount he has requested? Mr. Gary: That's correct, $80,000 for the boats. Mr. Sorg: But it is $120,000 all totaled for the whole operation to get under way. ' Mayor Ferre: I thought we had settled that, that that is something that you're going to have to deal with the administration on. Is there anything else, Mr. Sorg? Thank you sir, for your interest and your patience. NOTE FOR THE RECORD: AGENDA ITEM 15 WAS WITHDRAWN. 21. PERSONAL APPEARANCE: STEVEN HEINTZ, MORNINGSIDE CIVIC ASSOCIATION REGARDING PROPOSED IMPACT PLAN - CODE ENFORCEMENT OF ZONING. Mayor Ferre: Personal appearance of the Morningside Civic Association. Mr. Steven Heintz: Yes, sir, I'm Steven Heintz, I live at 535 N.E. 51st Street, Miami. I am the Chairman of the Board of Directors of the Morning - side Civic Association and speaking as the representative for the Morning - side Civic Association, I would like to thank, sincerely thank the City Commissioners and the City Manager's Office for the great deal of attention that has been paid our northeast area recently. We deeply appreciate what you have done for us. I think the diminuation of crime in that area will be an adequate reward. But I appear before you today as the spokesman for the Miami Civic League and I have brought these very patient people with me, we've been sitting. Mr. Plummer: Did you say the Miami Civic League or the Morningside? Mr. Heintz: No, I am a spokesman for the Miami Civic League and I also hold offices in the Morningside Civic Association. It was a misprint on the agenda, Mr. Plummer. The Miami Civic League is an umbrella group of citi- zens and homeowners associations across the City. About a year ago we realized that although we live in different parts of the City we all might share in mutual and common problems. At our first meeting here in this room, our founding members were asked what was the most pressing problem fac- ing the City. Crime was the undisputed leading concern but the surprising and almost unanimous second choice was zoning violations and the level of zoning enforcement in the City. That was a year ago and the City has taken steps toward improvement since them. But we, the leaders of the Civic Association throughout the City of Miami would like to see even greater improvement and we are to help and offer our help to you. Miami is our home, we love this town and we think it is in our mutual interest to help each other keep Miami a beautiful place to live and that is why we are here today. We would like to suggest the formation of a corps of volunteer zon- ing inspectors. The volunteers would have to meet certain standards: They must be a property owner in the City, a registered voter, a high school graduate and complete a City training program. They could be paid a dollar a year. But more importantly, the auxiliary zoning inspector would live in the neighborhood and be its zoning delegate. He would be sponsored by a recognized homeowners' or other citizens group. During his daily routine, the auxiliary inspector would be watchful of violations and responsive to complaints in the neighborhood then report these complaints to a designated inspector. His report could also be made to the Code Enforcement Board now being formed. This inspector would be limited to curbside observations and he would not be a sworn officer. Because of his affiliation with his own 10 homeowner's associ* \0a, this assistant would have Coser contact with the neighborhood and more easily learn of zoning violations and construct- ion without permits. We now ask the City to begin a pilot program of this plan to test it for six months. During this time, the Miam Civic League will work closely with the City Manager's Office and report back to the Commission on the success of this plan and its possible continuation. We would like your approval to begin today. We sincerely believe that we are a member of the Miami family. we owe you our support in your efforts to return Miami to paradise. Mayor Ferre: Mr. Heintz, this is the best idea that I have heard all day. Mr. Heintz: Thank you. Mayor Ferre: I really want to tell you that I don't know why somebody hadn't thought of that before because you know what it is? It's the same thing that we"re doing with crime, Crime Watch but you're doing it with zoning. Now why didn't somebody think of this before? I think that is a brilliant idea and I think we ought to really work hard to see if we can get citizens like this to become the eyes and ears of the zoning Department, then I think we are really... No, it is the same thing as Crime Watch. Mr. Heintz: Well, if we can save you some money we're going to save our- selves some tax dollars. Mayor Ferre: You bet you, you're going to do us a hell of a favor. I think that is a super idea. I don't know how the rest of the Commission feels about it but I'm 100% supportive. Do you agree, J. L.? Mr. Plummer: I think it has, you know, tremendous aspects that could be used, I think you've got to develop a program and you've got to have a program of training, you've got to have a program of requirements and more so, I think the most important is making it fully understood the limi- tations of the individual involved. That is most important. Mr. Heintz: Did you hear the limitations in this plan? Mr. Plummer: Oh, I heard what you said, curbside observation, but you know.... Mr. Heintz: No arrest power. Mr. Plummer: No, that's not the point. I would venture to tell you that 50k of the violations that go on in this community, unless you're in a helicopter you can't find. Mr. Heintz: We're well aware of that, that's why with your approval today, we'll work this out, iron out these details with the City Manager's Office. Mr. Plummer: I'll tell you how to eliminate 50t of our problem, get these volunteers to work from Friday night at 5 O'Clock until Monday morning at 8:00. Mr. Heintz: Well, if they live in the neighborhood they'll be 24 hour volunteers. Mr. Dawkins: And along the same lines, I would like to offer the assist- ance of Miami Dade in setting up any seminars or training sessions that you need. Mr. Heintz: Thank you very much, we will take advantage of that. Mr. Dawkins: Dr. Phillips at north campus, just call him at 685-4211 and then Miami Dade will set up the seminar. Mr. Perez: I would like to offer you all our facilities in our office and our staff in anything that we can help, we are very proud of your partici- pation in the different zoning hearings at the Bayfront Park about a month ago. I know the kind of determination that you have in favor of important issues of the City and any time we would be proud that you call our office and we are supporting 100% and we'll call all the different neighborhoods to take your steps in this issue. Mr. Heintz: Thank you, Commissione 08 J�- iV .1 4 1982 Mayor Ferre: You know, somebody gave me a definition of the value of real- estate the other day, it has nothing to do with this but it is similar. It's the best definition I've ever heard. The value of realestate is determined by multiplying the number of people who in front of the property in one year by the amount of money they have in their pocket. You know, it's not a bad definition. The way you determine the health of a City is by multiplying the number of citizens that come out and volunteer to do the work multiplied by the quality of the work that they for the well-being of this community. As long as this City has people such as yourselves, Steve and Pam and the others that are part of this group, that are willing to wait and spend your time trying to help your City the City is going to be a good place to live in and I really want to thank each and every one of you for your dedication and I think you've heard from Commissioner Perez who spoke for all of us that you have our full support. Just let us know what you want us to-do. Mr. Heintz: Well, I would like a motion or something of official approval so we can begin to work with the City Manager's Office. Mayor Ferre: All right, is there a motion, and let me see if I can word the motion. The motion would be that the Commission approves in principle the idea of having citizen group participation in Code enforcement and zoning, that the Manager is instructed to assign staff to bring this a conclusion for discussion before the City of Miami Commission at the earliest possible time. The following motion was introduced by Commissioner Dawkins who moved its adoption: MOTION NO. 82-28 A MOTION APPROVING IN PRINCIPLE THE IDEA OF HAVING CITIZEN GROUP PARTICIPATION IN CONNECTION WITH CODE ENFORCEMENT OF ZONING; FURTHER INSTRUCTING THE CITY MANAGER TO AUTHORIZE STAFF TO BRING THIS IDEA TO A CONCLUSION AND TO COME BACK WITH A RECO..MYXNDATION AT THE EARLIEST POSSIBLE TINE. 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. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. Mayor Ferre: Thank you very much. 28. 1st & 2nd READING ORDINANCE: HAITIAN SOCIAL SERVICE PROGRAM. Mayor Ferre: Mr. Manager, we're now on the Haitian items, that is items 20 and 21. Let me ask you the very specific question. Last time around when we discussed this we said that we wanted to make sure that we (',,id not get involved in the middle of political controversies in the Haitian, commun- ity, we would like to avoid as much as possible these controversies. On the other hand, we also felt that we had a responsibility to do something in the Haitian community which is now a part of the Miami community and _- that nothing.had been done in the past and perhaps we ought to do something. Now, I see that you're recommending the expenditure of $105,595 for each of the groups. Mr. Gary: No, it is just $105,000, one is the appropriation and one is authorizing me to enter into agreement with them. Mayor Ferre: Are they both the same? Mr. Gary: Yes, they are. One is an appropriations ordinance and one is authorizing me to enter into an agreement with HACAD. Mayor Ferre: And they are representative and we did have recommendations from a cross-section of the community? Mir. Gary: Yes, sir, and if you recall, you voted on it last meeting by a motion, this is a formalization of that and we agreed at that time that we had not done anything in the Haitian community and that the whole community is not going to be satisfied just like in the black community or any other community, you know, you're not going to get 100% consensus. Mayor Ferre: And where is this money coming from? Mr. Gary: It is coming from Federal Revenue Sharing. Mayor Ferre: Is there money available or are we taking it away from some- bodv? Mr. Gary: No, there is money available, we're not taking it away from anybody else. Mr. Pl-amnier: Yes, I've got a problem. Okay? My problem, Mr. Gary, how do you equate Item 20 with Item J? Now, you know, here on one hand you're telling the people in Item J that you don't have any money and we're going to take it away and I want to tell you there are some damned important programs in there. _ Mr. Gary: Item J deals with community development funds and Item ...... Mr. Plummer: What was your comment a minute ago that taxpayers' dollars are taxpayers' dollars? Mr. Gary: Item 20 and 21 relates to Federal Revenue Sharing Funds and Mr. Mayor, Mr. Vice -Mayor.... Mr. Plummer: I thought I a§ked the question. Mr. Gary: You did, Mr. Ex -Vice -Mayor. This agency along with all the other agencies will have to vie for moneys come June 30th just like the agencies that we have approved in the past. This does not commit us to funding for 100 years from now, they would have to compete just like any other agency and once you establish your policy, you know, if you extend that policy for Community Development Funds as well as to Federal Revenue Sharing they would have to live with that policy. But at that time the policy is not in force, the money is still there in Federal Revenue Sharing as well as community development so we need to take some action. �►�, �� 14 19,92 11 Mr. Plummer: Yes, bu` you know, I want to tell you something. There is no question that these people are in need of help. But Howard, you know the one thing that you and Dena went after like a tiger this year was no new programs. Now, here you come and we're talking about taking away from black Grove $100,000 in one program. Mr. Gary: Next fiscal year. Mr. Plummer: Hey, I understand what you're saying. Now, how are you going to stand up and tell the people of Coconut Grove, "Your money is gone"? How are you going to tell the Community Health Services of Coconut Grove, "Your $50,000 is gone because we're going to fund a new program"? Because, Mr. Gary, I'm going to tell you something, you're going to stand up and tell them. I'm not, I'm going to send them to you, that their money you gave away to another agency to start a new program. Mr. Gary: Well, let me just clarify the issue. Mr. Plummer: Please do. Mr. Gary: First of all, you're not interpreting that correctly. Mr. Plummer: I'm interpreting it the way the people in the community interpret it. They lost a dollar and you gave a dollar to someone else. They don't know where it came from. Mr. Gary: Okay, the first thing is we're talking about two different policies for different funding sources. One is Community Development and one is Federal Revenue Sharing. Mr. Plummer: Both federal tax dollars. Mr. Gary: Secondly, even if we took money from Coconut Grove Health Clinic they will not go broke because they are getting money from the State and I think if you recall that figure says they're getting a million dollars over and above what we're giving them. Unlike HACAD which does not get a dollar right now, or a penny. Now, in this community with the influx of the refugees we have had all the federal money come down, none of the money has been, put it this way, no substantial amounts of money have been dedicated to the Haitian community to address the problems that they have been confronted with. We have had millions of dollars spent on Cuban refugees and very lit- tle spent on Haitians. And what we're saying now is we need to begin to distribute the benefits, even though it is not equal, but to begin to dis- tribute them to at least address some of the problems that the Haitian com- munity has and once we talk about reducing the money we will distribute the disbenefit, nonbenefit or dissatisfaction equally which would include them as well as the others. But we need to begin to address the problems in that community for the mere fact that that community is becoming run- down, the social service needs are not being met, the housing needs are not being met and this is a mere pittance compared to the problems in that com- munity, it is a mere pittance compared to the solutions or the funds that we have given to other communities. Mr. Carcllo: Howard, you're absolutely right in what you're saying. The only concern that I have is the following: Not the giving of the moneys but who is going to get the moneys. I don't want now that the minute the word gets out in the Haitian community that there is that kind of money being given by the City that you are going to have rows of 20 or 30 dif- ferent Haitian organizations put together overnight and they're all going to come saying, "Hey, we are the ones that represent the Haitian community" just like it has happened in the past in other ethnic groups. Mr. Gary: Well, I agree with that concern but I don't think any of us can do anything about that. The only thing I can say about HACAD is that they have been in that community for quite some time, they have been servicing the community, they have been servicing the needy and I don't think even if we didn't give it to HACAD we gave it to another group that somebody is going to be dissatisfied but at least the needy people will be serviced. Mr. Carollo: What I am saying is that I just want you to make sure that whomever we're giving it to is deserving of it and is going to use it for the best purpose. Mr. Gary: Yes, six, we will monitor them to insure that the City Commis- sion, that they are providing the se v ces,that they have now informed the 'j �7 y 1982 City Commission thtwill provide and they will do Cc in a very professional and efficient manner. Mr. Plummer: Mr. Gary, I am looking here at what is their proposal. For example, how will they go about, let me just pick one. Health needs, the staff shall assist Haitians to secure and utilize necessary medical treat- ment as well as preventive and health maintenance services including ser- vices and medical emergencies. Now, how are they going to go about this? And what training have they had or background to accomplish this? Mr. Richard Biamby: Commissioner, perhaps I can answer that question. The HACAD Medical Center which is not now an integral part of our agency became independent as of July of last year. The clinic is staffed by Haitian doctors, Haitian nurses and over the years Haitians have always had problems in communicating with non -Haitians in the medical profession. The staff will assist the Haitians in the community in guiding them as to the available services in this community in terms of the health needs and any other needs. But this HACAD Medical Center is located in the Haitian community and it will be made available, it will be made known to them that there is such a clinic, that they can avail themselves to for their needs. NOTE: The City attorney read the proposed ordinance into the public record. Mr. Plummer: Question, Mr. Gary. Did you make the statement that they had no other sources of dunding? Did I hear that statement? Mr. Gary: Yes. Mr. Plummer: Mr. Gary, may I ask then, in the back the last page attachment 4, 1 find a $220,000 grant from HRS. Mr. Gary: That is just the health portion which we told you about. Mr. Plummer: That is this organization. He said the health organization was disassociated and they have a pending grant for $40,000. Mr. Gary: It is not approved. Mr. Plummer: No, it said pending. What is approved is $220,000. Is that correct? Mr. Biamby: This $220,000 was a grant by the State of Florida, Department of Health and Rehabilitative Services for a comprehensive manpower program to place Haitians in the jobs. Mr. Plummer: That is not medical, Mr. Gary. Mr. Gary: No. I stand corrected. Mr. Plummer: Do we have a breakdown on where that $220,000 is going? Mr. Biamby: The manpower program... Mr. Plummer: You are administering the program. Mr. Biamby: Yes, that is correct. Mr. Plummer: And do we have a breakdown of that program of how the monies are being spent: Mr. Biamby: Well, I can provide it. Mr. Plummer: Well, I will tell you what. You see, when I go through this break- down and I find that part of our money, for example, $5,000, call it $6,000 :s going for a photostat machine. You know, I got a problem with that. I realli, do. Now you know, I am not going to be making big, big problems about two at- tornies and social workers, social worker aids. How much of this money is ad- ministrative cost? Mr. Biamby: This is no administrative fee or cost involved in this. Mr. Plummer: Administration of the money. Mr. Dawkins: He means for administrators. Administrators. Mr. Plummer: $73,000 is for the attorneys and social workers. Id •..L it Mr. Biamby: $48 we have... 1*1 Mr. Plummer: But that is of the City grant. I want to know about that $220,000 grant. Mr. Odio: I think if that grant is just like the one we have in Little Havana, it is obtain jobs for the Haitians, and it is a seperate grant altogether that we are working to get up for the Haitians and it is money to buy HRS, Commissioner Plummer. Mr. Plummer: Mr. Odio, I am only taking exception with the fact that Mr. Gary made a statement that these people have no funding whatsoever. And then, by their own papers, I find a grant of $220,000 running through June 30 of 1982. Look, I am going to vote for you. I am going to vote for you, okay? Because it is only for six months, alright? Now, this comes under the Social Services Program of the FRS?' Mr. Gary: Yes sir. Mr. Plummer: And then this will make them the largest recipient of social program money from Federal Revenue Sharing with the exeption of Day Care which is now outside. Mr. Gary: Catching up to lost time. Mr. Odio: Well Commissioner, but they really haven't received any monies in the past, so this would make up for what they never got. Mr. Plummer: Okay. I am going to vote favorably, which will give us the time to evaluate at six months more months, but I want a breakdown of that $220,000 — grant. I am entitled to it. _ Mr. Biamby: I will provide you that. I don't have the budget at my disposal at the present time. I will make it available to the City Commission. Mr. Plummer: Fine. Mr. Biamby: If I get the copy of it. Mr. Plummer: I include that in the motion, yes sir. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTIONS 1 AND 5 OF ORDINANCE NO. 9321, ADOPTED SEPTEMBER 24, 1981, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1982, AS AMENDED, BY INCREASING THE APPROPRIATION FOR THE GENERAL FUND, SPECIAL PRO- GRAMS AND ACCOUNTS, IN THE AMOUNT OF $105,595; BY INCREASING THE REVENUE FOR THE GENERAL FUND, INTERGOVERNMENTAL REVENUE, IN THE AMOUNT OF $105,595, FOR THE PURPOSE OF FUNDING A COMPREHENSIVE HAITIAN SOCIAL SERVICE PROGRAM: CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, AND DISPENSING WITH THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. Was introduced by Commissioner Dawkins and seconded by Commissioner Carollo, for adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None C Whereupon the` ommission on motion of Commissioner Dawkins and seconded by Commissioner Carollo, adopted said ordinance by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9362 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and copies were available to the public. 29. AUTHORIZE AGREEMENT: HAITIAN AMERICAN COM21ULIITY ASSOCIATIO,,' OF DADE INC. (H.A.C.A.D.) Mayor Ferre: Take up No. 21 - the resolution. Is the same motion made on that? Mr. Plummer: Well that is just the appropriation, one can't go without the other. Mayor Ferre: Plummer moves, Perez seconds. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer , who moved its adoption: RESOLUTION NO. 81-29 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREE- MENT, SUBSTANTIALLY IN ACCORDANCE WITH THE TERMS OF THE ATTACHED PROPOSAL, WITH THE HAITIAN AMERICAN COMMUNITY ASSOCIATION OF DADE, INC. (H.A.C.A.D.) PROVIDING UP TO $105,595 IN FEDERAL REVENUE SHARING FUNDS TO H.A.C.A.D. FOR THE PURPOSE OF IMPLEMENT- ING A COMPREHENSIVE SOCIAL SERVICE PROGRAM TO ALLEVIATE SOME OF THE NEEDS OF INDIGENT HAITIAN REFUGEES. (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 30. SECOA:D READI!"G ORDI;tA::CF: AML.;D SECT101` 14-29 - "DOWI-I'TOV,1 DEVELOPDiE: T AUTHORITY BOARD - REMOVAL OF 2EIBZRS". Mr. Kenzie: Item No. 18 is second reading of ordinace relating to the re- moval of members of the Downtown Development Authority for non-attendance at the bard meetings. Mayor Ferre: This is the second reading of the thing we passed before. Okay, any discussion on this? i14 Mr. Plummer: How many meetings do they have to miss before they are kicked off? Mayor Ferre: Three in a row. Mr. Plummer: Three in a row? Mayor Ferre: Or more than half during the year. _ Mr. Plummer: That is the same as the Zoning Board. There is nothing wrong with that. Mayor Ferre: Is there a motion? Mr. Plummer I am assuming this comes with the recommendation of the authority? Mayor Ferre:. Yes, that is where it orignated. Mr. Plummer: If a man misses three meetings in a row and it is not excusable =_ meetings, well he is not interested. Mayor Ferre: And just for the record, even though 1 said it last time, one more time, this thing was started at the DDA six months ago and it has absolute- ly nothing to do with the election in November or power, okay? For the record. That is when it started, and I am looking at some of those fellows over there at the end. It has nothing to do with politics. It started six months ago, before there was even an election going on. Mr. Plummer: Well I guarantee you that if Bill Gjebre missed three meetings of the Commission in a row, the news would replace him. Mayor Ferre: Okay, Plummer moves, who seconds it. Dawkins seconds. Further discussion? Read the ordinance: AIN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 14-29, ENTITLED "DOWNTOWN DEVELOPMENT AUTHORITY BOARD - REMOVAL OF MEMBERS", OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY RENUMBERING THE EXISTING SECTION TO READ SUBSECTION (a) AND BY ADDING NEW SUBSECTIONS (b) AND (c), THEREBY PRO- VIDING FOR THE EXERCISE BY THE BOARD OF THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE POWER TO REMOVE BOARD MEMBERS FOR NONATTENDANCE AT BOARD MEETINGS AND PROVIDING AN APPEAL PROCEDURE TO THE CITY COMMISSION BY ANY MEM- BER REMOVED FOR SUCH NONATTENDANCE: FURTHER CONTAINING A REQUIREMENT THAT PRIOR WRITTEN NOTICE BE GIVEN ANY MEM- BER WHOSE REMOVAL IS THE SUBJECT OF CONSIDERATION AT A CITY COMMISSION MEETING: CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of December 10, 1981, it was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Dawkins, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO.9363. Mayor Ferre: Now J. L, and members of this Commission, while Roy is here: The DDA and the Chamber of the Commerce and the other day in a meeting with the Manager and everybody involved 115 31. ALLOCATE $30,000 AND SOLICIT BIDS -zUR CONSTRUCTION OF A MODEL OF THE BAYFRONT AREAS OF THE CITY OF MIAMI. Mayor Ferre: Now J. L., and members of this Commission, while Roy is here The DDA and the Chamber of Commerce and the other day in a meeting with the Manager and everybody involved, we got all these projects going on pn the waterfront. .We had Mr. Noguchi here for a whole buncn of days and we had have Bicentennial and we have the FDC and we have the atson Island Project and also we haves eight different major activities going on between....now, the conclusion was that we needed to get a model, a three dimensional model of the bayfront in one to fifty scale which is fairly large, is about as big as this table. Now, and to do it in sections so that as we develop what we are going to do, for example, when Nuguchi comes back if the Commission ever finally approves the design or whatever it is that we have to do, or the museum comes up with ... with design it in such a way so that parts can be moved in and out of this thing. Now, that is a very expensive thing to do, but the Chamber has recommended, and I think it makes an awful lot of sense, that we really start thinking of the whole bayfront as a single unit and start planning as a single unit. Now what we have now is separate little pieces that are being planned separately, and we really need to look at the whole thing. Now, we requested a cost estimate as to how much it is going to cost. Something like that will end up costing about, is it $35,000? $30,000. Now, I think the first phase of it would hopefully, Roy, cost a lot less than that. We really need to get going on it. The DDA just doesn't have the money for it, because... Mr. Plummer: Have you approached the University of Miami? Mayor Ferre: No, they don't have the money to do that. Something has to be done professionally. He can't do it with students. Mr. Plummer: No, what I am saying is, that they could take it on a project and maybe it would cost half that amount. Mayor Ferre: You can't get students to do that. (INAUDIBLE COKMENTS - NOT ON MICROPHONE) Mayor Ferre: What I would like to request fromthe Commission on behalf of the DDA and the administration, with the administration's recommendation and the Chambers, is that we get going with the planning of that whole waterfront, and that we appropriate $30,000 for that. I think there is an urgent need and I respectfully request that it be done. iMr. Plummer: I make a motion at this time that the Manager be instructed to go out and receive bids for a model of the entire downtown, including bayfront.. Mayor Ferre: Are we going to do this in house, or are we going to do this with professional help outside? Well, either or, whichever is cheapest. Can we do it that way? Mr. Plummer: No, let the Manager go out and solicit bids and find out what it is going to cost. You have to go to competitive bidding for that amount of money. Mr. Gary: Unless we contract within. Mr. Plummer: then he has got to go to competitive bidding. Mayor Ferre: No, we do it in house. (INAUDIBLE COMMENTS - NOT ON MICROPHONE) Mayor Ferre: Do it in house, don't make a big issue of it. 116 Mr. Plummer: You are telling me it is needed. I am not going to disagree. I will make the motion approving. Mayor Ferre: Is there a second? Further discussion? Mr. Plummer: How in the hell can we sit here and worry about $30,000 with a billion dollars worth of construction going on and it is vital to our future. Mayor Ferre: Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 82-30 A MOTION INSTRUCTING THE CITY MANAGER TO GO OUT AND SEEK BIDS FOR — THE CONSTRUCTION OF A SCALE MODEL OF THE BAYFRONT AREAS OF THE CITY OF MIAMI TO BE CONSTRUCTED IN ORDER THAT IT MAY BE UPDATED AS DIFFERENT PROJECTS MATERIALIZE, AND ALLOCATING AN AMOUNT NOT TO EXCEED $30,000 FOR THIS PROJECT. 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. AFTER ROLL CALL: Mayor Ferre: Is there anything else, and J. L.... Mr. Plummer: Roy, let me say something to you and the Mayor and I should have = said it before the vote. You know, I took that model of the convention center up to Orlando to help us make sure we get the convention of the Florida League, and it was the damnest time. I had to stand there and explain to people from that model "No, this is not all of it. there is a world trade center going in over here. The coliseum is proposed for over here , and you know people sit there and wonder, "Here is a first-class city and they don't even have a model of what is going on?" Mayor Ferre: You know Roy, I will tell you. You ought to also come back; I know we can't do it this year, but maybe for next year. We ought to really start doing a model, we ought to come up with a model of the whole ... Mr. Kenzie: We have a model of all of downtown on a wall which is 1 in a 100 scale. It has to be updated because it is about 4 years old. Mayor Ferre: Well, you ought to update it and it ought to be available to this Commission whenever something like that goes on. Instead of taking that model of that convention conference center, he ought to be able to take the model so he can explain how it fits into the whole thing. Mr. Plummer: It is a tremendous selling factor, I want to tell you. Mayor Ferre: But the fact is, a model like that is 10 times better than a draw- ing. Alright, do we have anything else on this? Roy, do you have anything else? 32. DISCUSSIO:J ITEM: INSTRUCT CITY MAI!AGER TO INViSTIGATE POSSIBILITY OF REVIVAL OF 'PARK AVD RIDE" SERVICE BY M.T.A. PROM Tt.E OrxA GE BOWL TO DOt-T,;TOLal MIAMI. Mr. Plummer: Mr. Mayor, can we address that other problem you just brought up? 117 JAh 14 1982 0 Mayor Ferre: I think that you have another thing, and that is parking. I am getting people calling me, treatening me now, because they cannot park their cars in downtown, now that S. E. has got started. I have got one hell of a list of angry phone callers calling me about parking. Now, as you know, this Commission has gone on record to park on the FEC property as soon as it is available and this morning we voted to start, to put grass on it and to tspread seeds and water it. Now, I want to tell you that, in my opinion, y he DDA has fallen behind in your responsibility, and you, Mr. Reid and the city has fallen behind too, because, I understand you have negotiated with Roger Carlton, and Roger Uarlton said this and that, but the fact is that this Com- mission went on record 3 months ago. Now I don't see that anybody is doing anything about it. Mr. Plummer: Mr. Mayor, may I ask at this time that the Manager be instructed to immediately enter into discussion with Metropolitan Dade County transit authority for the possible revival of the park and ride from the City of Miami Orange Bowl. Back then it did not work and the reason it didn't work is parking fees were $6.00 and $8.00 a day, but I truthfully believe that if we could get Metropolitan Dade County to come up with a program of a shuttle bus service between the Orange Bowl and downtown for like, $1.00 a day - 50C in and 50C back - I believe today it would be a tremendous success. Let me just tell you Mr. Gary and Mr. Kenzie probably already knows. I was speaking with someone from Florida Power and Light who were in the One Biscayne Building. They are ready to move, and you know why? Their parking fees that they pay for employees only exceed $200,000 a year - just for their employees and they are thinking about moving out of downtown Miami. Mayor Ferre: Okay, I think we have do everything and anything, and I think that if you want to make that a motion... Mr. Plummer: I don't think it has to be in a motion. I just want the Manager to sit down and see if he can get that thing started on a buck a day situation to where people can park there free of charge at the Orange Bowl and go to town for a dollar and come back. I think it is well worth exploring. Mayor Ferre: Mr. Manager, you are under instructions to that and ... Mr. Plummer: and report back here on the llth with a signed contract. Mayor Ferre: I would like to tell you that you have also been instructed by the majority of this Commission to proceed with getting narking, and you haven't, with all due respect, I don't see that you have done very much. We need to be brought up to date as to where you stand, Jim. I don't know whose assignment this is. Was it yours? Mr. Reid: There was an interim parking committee set up as a result of that study, but certainly Mr. Mayor, between Mr. Kenzie. Mayor Ferre: That is not my point. The City of Miami Commission voted after a big debate on this and it was a 3 to 2 vote, as I recall, and I want to know if you have done it? You are the administration. Mr. Gary: If you recall, we came here about 3 or 4 times on that same proposal, and I think that it was finally voted on about a month and one half ago. Mayor Ferre: I think that it was way before the election. November loth was the election. If I were to take a guess, that was the first meeting of October, or the second meeting of September. Mr. Gary: We will get you a report. Mayor Ferre: It has got to be at least 2 or 3 months, and I need to know - who is working on this? What I want to know is, who is in charge of this shop anyway? Mr. Gary: Mr. Reid, Mr. McManus and myself. Mayor Ferre: Mr. Reid, are you the guy that... Mr. Reid: Mr. Mayor, we will be back to the Commission expeditiously with that interim parking on the FEC tract. 118 Mayor Ferre: You are under instructions and I just want to make sure that you don't forget that. Mr. Plummer: How many parking spaces do we have in the Orange Bowl - 4000? Mr. Gary: 3600 - 4000. Mayor Ferre: 3600? 3600 in our property. That doesn't include street parking along.. Mr. Plummer: Sir, if we could overnight inject the possibility of 4000 addition- al spaces... Mayor Ferre: A tremendous boon.. Mr. Gary: We will get my civic association against you. Mayor Ferre: It would be a major breakthrough. Alright, is there anything else in downtown? 33. APPROVE A1XEiIDED LEASE AGREEMENT: COPAL REEF :ACHT CLUB. Mayor Ferre: This is an amended lease agreement on the Coral Reef Yacht Club. I was the guy holding it up - I wanted to go out and see it. I am -satisfied. Mr. Plummer: Well, the only thing we started to pass it this morning and the only reason we didn't pass it was because you weren't in the room at the time. Mavor Ferre: I went out there personally with Mr. Jenkins and looked at it and I am satisfied that this serves the public interest. Mr. Plummer: Move Item No. 30. Mayor Ferre: Alright, Item No. 30 has been moved and seconded. Further discussion? Mr. Dawkins: This is another one of those areas that I have problems with, in that we are giving them 28 slips. I don't know what the rental will be and for those 28 slips the city is receiving $195 in rent and I just want to bring that out. Mr. Plummer: No, that is not true. Mr. Dawkins: Here it is right here. "The rental rate is raised proportionately from $6,923.39 to $7,118.50 per annum". Here it is, right here. Mr. Harrison: What you are referring to, Commissioner Dawkins, is that the current rate, after permitting and they have constructed the docks would be.. Mayor Ferre: Your name for the records. Mr. Harrison: William H. Harrison, City of Miami Lease Manager... would be $7100. Mr. Plummer: That is what they will be paying the City? Mr. Harrison: Yes sir. Mr. Plummer: For the additional slips. Mr. Harrison: For the total lease area, the existing and the new slips. Mr. Dawkins: For the new slips, the City will receive $195 only. Mr. Plummer: That isn't anywhere near the figures that I heard. Unidentified Speaker: Commissioner, the lease that we have, I don't have right in front of me. Bill is looking it up, it is over $1,000 in difference. 119 4 Mayor Ferre: That is what he said. 27 slips, you mean divid_d by $1000 is what you paid for 27 slips? Mr. Plummer: Is that $1000 a month, or $1000 a year? Mr. Harrison: If we can back up for a minute Commissioner, the 4.21 acres is the total lease area, which includes the new area. It is approximately the same size as what Coral Reef Yacht Club had under their previous lease, or that they had before. The only thing that they are effectually doing is adjusting the size of the premises approximately 25 feet, so there isn't any great difference in rental. It is just an adjustment as to size, so they are paying $7118.50, which is made up..they are paying a slightly higher fee because the structure is larger, but actually the land area is a little bit smaller, or the submerged land area is smaller. Mr. Dawkins:' May I read from your report, please. Mr. Harrison: Yes sir. Mr. Dawkins: "The total area of submerged land remains approximately the same and the requested modification would allow Coral Reef Yacht Club to effecitvely in- crease its wet slip storage by 28 as originally planned. The proposed modifica- tion, although containing approximately the same submerged land area computed at a slightly higher annual lease rate, because of more area being occupied by dock structures, the rental rate is raised proportionaly from $6,923.39 to $7,180.50" and the way I compute it, that is $195 a year. Mr. Harrison: That is correct. $195.11, because the structures themselves are only slightly larger. It is just an adjustment of the size. We are not giv- ing them any additional land at all. You see. if they were able to permit what they have right now, they would have paid $6923.39. Under this different scenario, it is slightly higher. It will now be be $7,118.50. Mr. Dawkins: One other question and I will be finished with this. The 28 wet slips that you are adding, will that make their annual income the same? Mr. Harrison: The total amount that they will pay.... Mr. Dawkins: No, no, no. Listen closely so you can answer my question. The 28 additional slips that are going to be added. Will their annual income remain the same as for the present slips that they have? Mr. Harrison: No sir, it is slightly higher. Mr. Perez: I think that would represent a difference of about $35.000 a vear, for 28 spaces. That would be a difference in revenue for about 35 because he has about a $4.00 a foot Mr. Harrison: Commissioner, we are not charging them a percentage of gross on what the club receives for their slips. We are charging them on the basis of the total area that they occupy. Mr. Plummer: Mr. Harrison, do you feel that this is a fair return to the City for the land that they are going to be getting? Mr. Harrison: For the submerged land that they are receiving and that they are putting the total amount of improvements in themselves, the City is not paying any money. Also, in that the club has dedicated 18 feet for a bicycle right-of-way in front of the premises, that if we had to condemn in order to put in that bicycle path, that makes it very equitable, Commissioner. Mr. Plummer: Is this comparable to other leases in the area? Mr. Harrison: Yes sir, this is predicated upon the same formula that we had used with Coconut Grove Sailing Club and also the Biscayne Bay Yacht Club next door. Mr. Plummer: Call the question. Mayor Ferre: Are you satisfied? And you are satisfied that this is a good deal for us? 120 J A IN! s 4- 1982 Mr. Plummer: Our man has said that he feels that it is equitable. It is fair, based upon not only the return of dollars, but the 18 foot of dedication they have given us for a bike path walkway. He feels it is comparable to others in the area. Mayor Ferre: I have only got on condition on it. Who is the maker of the motion? Mr. Plummer: I am. Nzyor Ferre: Alright, J. L., I went out there and looked at the pier. The one thing that I want in there is that they cannot keep any boats over 30 feet other than at the end of the pier, because otherwise they get big boats there and I think that makes the difference. I don't mind small boats being there, but anything over 30 feet...now, is that acceptable? Mr. Plummer.. Alright. Mr. Harrison: Now, so that I understand you, Mr. Mayor, in the document that you are approving, you want a restrictive clause that reads that the new docks, the improvements will be restricted to vessels of 30 feet or less. Mayor Ferre: The 27 new docks, 28, will be limited to vessels of 30 feet or less excpet at the end of the dock where if they want to put a bigger boat, because they have a bigger space there, and they are limited by the draft anyway, so is that acceptable? Unidentified Sneakers Yea emir, 1-e will accept it. Mayor Ferre: Any further discussion? I assume that amendment is acceptable to the maker of the motion and the second to the motion? Call the roll. '7he following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-31 A RESOLUTION CONDITIONALLY AUTHORIZING THE CITY MANAGER TO ENTER INTO AMENDMENT NO. 2, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, TO THE AMENDED LEASE AGREEMENT DATED JUNE 29, 1979, BETWEEN THE CITY OF MIAMI AND THE CORAL REEF YACHT CLUB AL- LOWING THE INCLUSION OF ADDITIONAL SUBMERGED LAND SO THAT THE SAID CLUB CAN EFFECTIVELY INCREASE WET SLIP STORAGE BY TWENTY- EIGHT SLIPS AS ORIGINALLY PLANNED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: Commissioner Miller J. Dawkins 34. CUTS IN SOCIAL SERVICE COMMUNITY DEVELCPME,:T ;L'NDS - DEFERRED FOR FURTHER STUDY. Mayor Ferre: Alright, take up Item "J". Ms. Spillman: As I have mentioned previously, we have new changes in the federal regulations and a cut in our Community Development block grant which effectively results in the necessity of my being here today to ask you to give us direction and how we go about cutting certain social service pro- grams from the Community Development program. Now let me preface this by 121 ^1 1 r-- saying that intentionally did not go to the community, nor did we talk to the agencies before we brought this to you for policy direction. Once you give us your direction and tell us how you want us to proceed in this matter, we will go out to the various target areas, meet with the community and.. Mayor Ferre: Dena, in the interest of time and I have a feeling that I am going to fail in this because this is just one man's voice. I read your thing very carefully, okay? And with the exception of the Coconut Grove health, I am in total agreement with your conclusions. That is just one man's opinion. Now, I don't know if anybody else wants to argue about this, or has different... Mr. Plummer: Well, Mr. Mayor, let me tell you, the only thing that I have got a problem with Dena, and it is my problem because I find it difficult to find that you don't list the programs that are not being cut. Ms. Spillman: Yes we do. Mr. Plummer: Where? Ms. Spillman: Well, if you just look on, all the projects are listed under the priorities on page 3, Commissioner. Mr. Carollo: I will tell you the one that I have some problems with. Ms. Spillman: And if you look at the chart, Commissioner, they are all on there. Mr. Carollo: The Industrial Home for the Blind? Ms. Spillman: Yes sir. Mr. Carollo: I have been getting all kinds of bad vibes of what has been happening there. I understand there is a current investigation going on by.. Ms. Spillman: Commissioner Carollo, if you would look at the way we prioritized the programs, the program you just mentioned is next to the last priority, so it is not high priority in the recommendations that we have given you. Mayor Ferre: Alright, I will go along with that. I think you have to understand that, if you look at the priorities as Dena has pointed out, that is next to the last and that is one that was skipped over. Now I have no problem substituting the cutting the cutting of that if you want to for the Coconut Grove. Ms. Spillman: Mayor, if you substitute the Industrial Home for The Blind, we could give that $44,500 to the Coconut Grove Health Program, if that is what you are suggesting. Mayor Ferre: I am not suggesting anything yet; I am just saying that that is a possibility. Mr. Plummer: Well, Dena, gAve me a quick rundown on my basic philosophy. On federal revenue sharing, you know I have said, "let's feed the hungry, take care of the sick and all else left over we will talk about". Now, are any of these programs that you are recommending for reduction or elimination come under that category? Ms. Spillman: Well the... Mr. Plummer: Is the blue the programs we are presently and you are continuing their funding and the red is what you are proposing to drop? Is that the formula here? Ms. Spillman: That is correct. Mr. Carollo: I see already one that you don't have in the red. Mayor Ferre: Who is that? Mr. Carollo: The Industr ld Ms. Spillman: Under the proposal that we gave you Commissioner Carollo, they were not to cut this year. They would be the first to go next year, but you can obviously substitute that. That is why we are here today. Mr. Carollo: That is your proposal. I am working on mine. Ms. Spillman: That is right. Commissioner Plummer, I think you mentioned health in there? Mr. Plummer: Well, you know, to take care of the sick and feed the hungry. Mayor Ferre: Let me tell you about this memorandum. This is one of the best drafted memorandums Dena, that has come out of your office in a long time. You know, I really think it is very logical. It is well reasoned and it is well written. I mean, I read it, and I understood it the first time I read it, and I want to tell you that that is progress. Mr. Carollo: Dena, I hope you don't mind but this is too important for us to vote on without really going over it carefully. I really haven't had the opportunity, I am sorry, to go over it carefully as I would like to. Would you terribly mind if we could hold off on this for another meeting? Ms. Spillman: Commissioner, I don't mind. The only problem that results when we do something like this is that we have to go out to the community and if we wait until the last minute, they accuse us of all kinds of things. Mr. Dawkins: I have problems with Miami Mental Health. I have problems with dropping the Community Mental Health Services I have trouble with dropping, but as I know, we have got to make a cut someplace, so in my personal opinion, I would rather see the Dade County Community Schools dropped than see the Mental Health dropped, but that is my opinion. Mr. Plummer: Well, wait a minute, that is the point I was going to get to now. Didn't we somewhere along the line instruct you to inform the School Board that those two programs we are dropping at the end of this year. Ms. Spillman: Yes, Commissioner and there is a mistake on the chart. Those - two should show in red and that's FRS. It is a different subject, but they should be in red. - Mr. Plummer: Yes, but hell, that is, you are talking abut $250,000. Ms. Spillman: It is a mistake and we are, we have notified them that at the end of the school year.. Mr. Plummer: How does that balance out the red and the blue? Ms. Spillman: We have not, unless you tell me to do this, we have kept commu- nity development separate from federal revenue sharing, so we have not assumed that we could take the federal revenue sharing funds and use them to pick up community development projects. We have tried to keep them separate, Commissioner. Mr. Plummer: Well, Maurice, am I wrong - wasn't there a thing of this Commission instructing Dena to inform the School Board? Ms. Spillman: We did it. Mr. Plummer: You have already done it Ms. Spillman: I am sorry, it should show up in red. Mayor Ferre: You should show it in red. Mr. Plummer: Alright, so that is really then another $250,000; is that correct? Ms. Spillman: Pardon? Mr. Plummer: That is another $250,000. Mayor Ferre: We don't have to cut that much. We are assuming that the President is going to cut 20%. That is what this memo says and you are basing this on that, so all you really have to cut, as I understood your figures is $350,000. 123 !' 4 1982 4 Ms. Spillman: Right, and what I just tried to explain to Commissioner Plummer is that we didn't mix FRS and CD. In other words, we are cutting - he is right - we are cutting the Dade County Programs, but we did not recommend that we take that money and use it for Community Development programs. Now, if you tell us to do that, you know, we will do it. The only problem is, they are different funding cycles, and the FRS money won't be available... Mayor Ferre: I think that that is why this is such a well written memorandum. I think you lay out the premise very, very true, and that is, that the No. 1 priority is feeding people who are going hungry hot meals, okay? The second = priority is job training, to get people jobs; in these times when people are looking for jobs. Mr. Plummer: Well, my second priority is taking care of the sick, and then job training. Mayor Ferre:. Then, the way you have this thing, this thing doesn't say that. — It says No.'l is elderly hot meals, No. 2 is job training and No. 3 is elderly transportation, No. 4 is diversionary recreation programs, youth and No. 5 is child care, child custodial #6 is supportive and then, so on. Now, the rea- son that health care is not in here, I want to remind you of this and I want to quote non other than J. L. Plummer who said 7 years ago and he and I both went down the drain on it - "This city has gone out of social services because that is the responsibility of Metropolitan Dade County, and Gentlemen and Mrs. Gordon, I want you to remember me, because I told you so. And you are going to regret _ doing this, because what is going to happen is we are going to get deeper and deeper into social services and once you get in, you can't get out, because you can't say no to the community without being cruel" and on and on. Am I quoting you right? Mr. Plummer: Exactly. Mayor Ferre: Alright now, we are here, and we are spending millions of dollars in an area that the City of Miami supposedly has no responsibility, no authority and really should have no ability to be involved in it. Well, why did we do it? You know why we did it? Because Uncle Sam said "Here is the money fellows". So we took some of the money and some of the community leaders came here and said "Help us". So, we started to help. Very limited, only hot meals, but then the next guy came and the next guy came and now we are into a whole series of social programs that are the responsibility of the state and the county. Now, I will tell you one thing. I feel very, very strongly about the importance of family clinics, like the one in the Grove and the Community Health Center and all of these things., but I want to tell you, that isn't our responsibility. That is the responsibility of the state and the responsibility of the county. We, be- cause Theodore Gibson was sitting here, supplemented; we started with Coconut Grove and the next thing we knew, we were into the other ones, but we have never been part of that, and this is something we did as a supplemental. It is the responsibility of the county. Ninety-five percent of your funds, if you look at this very well written memorandum, that explains it very clearly, if you get your funding from the state or from the county. Now all of a sudden you are defending in our �50,uuu and as we get into tnese naro times,.... Mr. Carollo: Maurice, I would like to make a motion to defer this. Dena, this has nothing to do with you, I just haven't had the opportunity to go over this very carefully. Ms. Spillman: If some community people come to the next meeting and are very up- set, I am warning you ahead of time, that's all. Mayor Ferre: The community people are going to be very upset. Ms. Spillman: The community people are going to be very upset no matter what you do anyway. Mayor Ferre: But that is life. Mr. Carollo: You will be here with us right? Ms. Spillman: Absolutely. Mayor Ferre: Do you wish to tell us something? Mr. Sands: Mr. Plummer, I am a native Miamian, by the way. Mayor Ferre: Don't say it with a voice of apology. You don't have to apolo- gize for that. ION Mr. Sands: I am from Miami Mental Health .. Mr. Plummer: He didn't Mi-am-uh! Mr. Sands: It took a long time to learn how to say Miami. Mr. Carollo: You are from Community Mental Health? Mr. Sands: Community Mental Health, right. Coconut Grove Branch. The $50,000 grant from the CD funds which was awarded to Miami Mental Health last year has been used to establish an alcohol program targeted toward the Coconut Grove area, the Black Grove area and.. Mr. Plummer: Have you already heard the Mayor tell Ms. Spillman to withdraw that item from the red and put it in the blue? Mr. Sands: t wasn't too clear on that. Mr. Plummer: He made the statement and you said you would take the $44,000 from somewhere else and supplement that. Mayor Ferre: I said, Dena, on the record, okay, speaking as one voice here, that _ I was in agreement with everything you had here except the Coconut Grove Family Clinic. Ms. Spillman: Okay, but he is not from the Coconut Grove Family Clinic. He is from the.. Mr. Plummer: No, from the Mental Health Service. Ms. Spillman: Well the Mayor is not saying that. Mayor Ferre: Aren't you talking about Coconut Grove? Mr. Plummer: Mental Health Center, yes. Ms. Spillman: There are two programs in the Grove. One is the Mental Health Service and one is the Family Clinic. = Mr. Plummer: The $50,000, the Community Mental Health Services, Miami Mental Health Center. Mayor Ferre: Are you sure? Mr. Plummer: I am positive. Mayor Ferre: I stand corrected. I made a mistake. I meant the Community Mental Health Services, and this is the one that....let's put it on the record that Mrs. Gibson is interested in Ms. Spillman: Yes, that is the one, I am positive. Mayor Ferre: You are sure now. Ms. Spillman: They have given you back at least $44,500 at this point and the issue is not over yet. Mr. Sands: Thank you, but initially I was coming here in a few weeks to ask for another $12,000. Mayor Ferre: Now, tell me what your position is with your organization. Mr. Sands: I am the director of the Coconut Grove branch. Mayor Ferre: Now you got me confused. You are not the Coconut Grove Family Clinic? Mr. Sands: The Miami Mental Health, the Coconut Grove branch. Mayor Ferre: Oh, I see. Now, you are part of the larger organization Mr. Sands: Yes, but we are budgeted strictly for that particular... Mayor Ferre: This goes directly to the Grove, but it fits under the umbrella operation? 125 Mr. Sands: Right. Mayor Ferre: Which Cesar - Marianne - your wife is the director of, right? It is the one that is funded mostly by the state HRS, the federal government, and you have a lot of county money too - she gets a lot of county money too. Mr. Odio: But I think it is mostly federal monies now that they got through the Mayor Ferre: Okay, I just want to understand it. Mr. Sands: We are expecting approximately 30% decrease in funding as a result of the block grants that are coming down, and at the moment, that $50,000 only represents about 20% of our operating budget for the Coconut Grove. However, if you add an additional 30%, I think we will become non-existent. Mayor Ferre:. Okay, this is just one man's voice, but Plummer and Dawkins said they agree, so you have three of us on that one. I am not speaking anything else at this point, okay? THEREUPON, the City Commission on motion duly made by Commissioner Carollo and seconded by Commissioner Dawkins, unanimously agreed to defer the above issue. 35.. DISCUSSION ITLM: CITY ATTORNEY'S COMPLE SATIOiN. Mayor Ferre: Discussion of City Attorney's compensation. Mr. Knox? Mr. Knox: What is being passed out now is a couple of pieces of paper. One of them is a sort of review of activities of the law department over the past year. We had had a policy of providing annual reports and we are continuing that process. The other thing that the Commission suggested that we provide is a salar.; history for the City Attorney beginning on October 14, 1976 when I was appointed and that information is provided to you also. Mr. Carollo: George, you are not looking for a salary increase right? Mr. Knox: No sir. Mr. Plummer: He has already gotten it. Mr. Carollo: I didn't think so, from looking at this here. Mayor Ferre: That is not bad. Let's see, when I started out, I think I started out with $6,000 and I am making, how much am I making? Mr. Knox: There are a couple of intangibles that I would like to call the Com- missioner's attention to. Mr. Plummer: (LAUGHTER) You are a fool. Mr. Knox: No, I am pleased to announce that.. Mr. Plummer: You are leaving (LAUGHTER). He is going to work for the Miami Herald. Mr. Knox: that I was fortunate enough 3 years ago to be elected to the Board of Directors of the National Institute of Municipal Law Offices which is the national organization of City Attorneys and they will be holding their annual convention in November of 1982 at the City of Miami, University of Miami James L. Knight Conference & Convention Center - if it is finished - an in the alternative, we will hold it at somebody's house in the City. But, we expect 1,000 delegates and of course, if the projections are accurate, that will represent about a million dol- lars in revenue to City of Miami which would, in some small way, offset my salary. Mayor Ferre: Well done, George; now you have to start working on next's year's project. 12G . I L. to It 4 1982 Mr. Carollo: What would you like for us to do now, George? Mr. Knox: I just wanted to give you that information and obviously I am not seeking any increase in compensation. Mayor Ferre: I need to read this before we get into it. As I understand it, the printing on this thing was mis-typed. What you meant to say on this Com- mission Agenda was an evaluation rather than a compensation, and so what we are talking about is evaluation and I really can't for myself, make any comments, until I have had the opportunity to read this very carefully. Mr. Knox: Well, I can provide that to you and that matter can be taken up at a subsequent meeting, but I did want to get the information to you. Mayof Ferre: Are there any other questions of Mr. Knox at this time? Mr. Carollo: No, Mr. Mayor; we appreciate him handing us all this background information. Mayor Ferre: Mr. Knox, you will be available for any questioning from members of the Commission by phone or in person, I would assume? Alright, further discus- sion? 36. ADJUST BASE SALARIES OF CITY CLERK A:0 ASSISTA:;T CITY CLERX - FUP.THER PROVIDE POSITIO:,iS OF CITY CLZPJ" A274D CITY ATTOR!!ZY TO RECEIVE THE 2% COST OF LIVING ADJUS7ME11T APRIL 19C2. 1.. ..d.0110: Mr. Mayor, real briefly, if I may now, since we are done with George. I think it is only fair, George received his salary increase recently. The City Manager will be taking his up next month when his contract stipulates it. The other employee that we have that works directly for us is the City Clerk. He has not received his increase yet, like Goerge did and I would like to present a motion to give the City Clerk at least part of an increase similar to what George has received recently. Mayor Ferre: Make your motion. Mr. Carollo: My motion is to give our City Clerk a 10% increase. Mr. Plummer: Are you sepaking of an increase or a cost of living? Mr. Carollo: I am talking about an increase and cost of living both. Mayor Ferre: The same that George got. Mr. Carollo: I think, well what I am saying, what George got is different. He got more than that - 16%. Mayor Ferre: Alright, let's get this straight, because I think we have got to be careful - I am all for it No. 1 - so let me start off... Mr. Carollo: Let me say this, Maurice. Come April, is it a 22 increase in pay that employees are supposed to get, Howard? Mr. Gary: It was October 4th, it was 10% that the City Clerk and the City Attorney received and in April there is a 2% and over that, what the City Attorney has is 6%, so the only thing that Mr. Ongie has not received is the 6% which is on that. Mayor Ferre: Let me understand this right. Ralph, did you get a 10% increase on October 4th? Mr. Ongie: Yes sir, the cost of living. Mayor Ferre: And are you going to get the 2%? Mr. Ongie: According to the Commission's motion, these cost of living increases will no longer be granted to the City Clerk. 127 Mayor Ferre: No, at isn't the cost of living. mat is part of the contractual arrangement. Mr. Ongie: The 2% and the 8% on this coming October 1st will no longer be coming to me as per the Commission's motion. Mayor Ferre: Oh, I see. Okay, I got you. Mr. Ongie: In other words, there is no more automatic cost of living increases. Mayor Ferre: How much are you making as of today, right now? Mr. Ongie: $51,064. Mayor Ferre: Alright, now how much were you making last year before the 10% and the other increase? Mr. Ongie: .$47,800, something like that. Mayor Ferre: It had to be less than that. Mr. Ongie: Well, whatever 10% less of what I am making now. Mayor Ferre: The only increase you got last year was a 10% cost of living? Mr. Ongie: Yes sir. Mayor Ferre: And you have not gotten any other increases during the fiscal year that passed? Mr. Ongie: No sir. Mr. Plummer: What is Mattie making? Mr. Ongie: About $36,300. - Mr. Plummer: And what is she proposed to go to? Mr. Ongie: Well, she is unaffected by the Commission's motion about the cost of living increases and she works for me, and not the Commission, so she will still continue to get the 2% on April Ist and the 8% on October lst. Mr. Plummer: Well, what about an increase in salary? Mr. Ongie: Well there again, the Commission traditionally has adjusted the salary of the Clerk and the assistant, but the Commission, in its motion de- cided that only the 3 main people who work for them, they would adjust their salaries so it would be up to me as her director to adjust. Mr. Carollo: The way I figure it, the 2% that he supposed to get in April, plus the 8% in October is how I am figuring 10%. Mr. Plummer: Did Mattie get the 10% cost of living increase? Mr. Ongie: Yes, everyone got it. Mr. Plummer: Okay, she did not receive a salary increase? Mr. Ongie: No. Mr. Plummer: Alright, and what is proposed that you are going to get as a salary increase? Mr. Ongie: Whatever the Commission decides. Mayor Ferre: How much did George Knox get? Mr. Gary: 6. Mayor Ferre: 6. In other words, Mr. Knox got the 10%, and in addition to that you got 6%. Mr. Knox: Yes sir. 14 'f98" 128 Mayor Ferre: Is that what you are proposing? Mr. Carollo: Well, the way I was figuring, Maurice, is the 2% in April plus that 8% in October. Now, we can make it 6%, however... Mayor Ferre: See, that is why I am getting confused; he got 10% in October; now what does 8% have to do with that. Mr. Carollo: Well, as I understand it, there is an K - Howard, can you explain it to the Mayor a little clearer? Mr. Gary: On October 4th, it is 10%. In April there is a 2% for all employees. Mr. Plummer: What you are saying is 6% increase in salary, and the additional. 2% cost of living, for a total of 8%. Is that what you are saying? Mr. Carollo:' I think that would be satisfactory. Mr. Plummer: Now, Mattie already got the 10% and she will get automatically the 2%, is that correct? Mr. Ongie: She will get automatically the 2%; I will not. Mr. Plummer: Okay, so what we have got to do to adjust her to bring her up to par is increase her salary by 6%, giving her the increase in salary. Mr. Ongie: If that is the Commission's wish. Mr. Plummer: Well, I mean, Mr. Gary, what has been done with all the rest of the city employees. What did they get in increase in percentage? Mr. Gary: Excluding the City Manager the way it worked... Mr. Plummer: Well, you are not a city employee; you are just on payroll. Mr. Gary: The way it worked was that Mattie and all of the other employees got the automatic 10`.. Mr. Plummer: That is cost of living. Mr. Gary: Cost of living. They automatically got the 2y in April, which is automatic cost of living. Now, Mattie has gotten it; Ralph has gotten it. — Mr. Plummer: No, he is saying he is not going to get the 2% automatic. Mr. Gary: Ralph is got the 10...I am sorry, Ralph has got the 10, and Mattie has got the 10, but the new policy will give Mattie the 2% automatically, but not give Ralph the 2% automatically. Now with George it got the 10, plus he got the 6 before the 2 comes up. Mr. Plummer: Okay, but what is Mattie entitled to in a salary increase? Mr. Gary: Okay, it all depends on what the City Commission wants to give her. Mr. Plummer: What do the rest of the employees get? Mr. Gary: 10% October 4th and 2% April 4th. Mr. Plummer: That is cost of living. I am talking the salary increases. Mr. Gary: That is the cost of living Now the increase is 5% on their anni- versary date. Mr. Plummer: No, look. You just negotiated contracts. Mr. Gary: That is the 10 and the 2. Mr. Plummer: That is all you negotiated? Mr. Gary: That is all we negotiated. Mr. Plummer: Just cost of living. i29 _ Mr. Gary: Exactly. Mr. Plummer: No salary increases? Mr. Gary: No. Well, you call salary increases salary. They are cost of living. Mr. Plummer: Well, but George has broken it down into two categories. Mr. Knox: See in addition, this is the Manager's purview, but in addition to the so called cost of living increase, the rest of the employees get annual increases on their anniversary date plus merit increases plus longevity increases and all of that. Mr. Plummer: Well, are you proposing 8% for Ralph and 6% for Mattie, is that what you are proposing? Mr. Carollo: Is that how it would work out Howard? Mr. Gary: Yes. What I would suggest is Ralph got the 10. You want to make it consistent - give George the 6 and when April comes, give him the 2% when Mattie gets her 2. Mr. Carollo: Well, George is getting 6% already. Mr. Gary: Yes, that is what I am saying, that is why you have to give him the 6%,, because he hasn't gotten his. He hasn't gotten the 6, and to keep him equal with George, give him the 6, and to keep him equal with his staff, when April comes, he gets the 2 automatically. Mr. Plummer: So we are going to give Ralph 8% and Mattie 6%. Mr. Carollo: No, we are going to give Ralph 6, comes April we are going to give Ralph and George the 2. Mr. Plummer: k'hat about Mattie? Mr. Carollo: She gets the 2 automatically. We would just have to give her the 6%. Mr. Plummer: Okay. Alright. Mr. Carollo: So that will be the motion, to increase the City Clerk's salary by 6% along with his assistant at 6%. Is that correct, Mr. Manager? Mr. Gary: Yes sir. Mayor Ferre: And 2% in April for him. Mr. Carollo: And comes April we will increase his salary 2% along with the City Attorney's salary, 2%. Mayor Ferre: Is there a second? Mr. Plummer: Second. Mayor Ferre: Now, under discussion. Now Ralph, as I said, I am voting with this, but I need to ask you some questions. There are two questions I want to ask. One is, when was the last time you a got a merit salary increase rather than a cost of living increase? Mr. Ongie: In 1979. Mayor Ferre: 1979. How much was that? Mr. Ongie: I don't remember the figure exactly, It was on the resolution that ap- pointed me to the last term. I think it was probably 5 or 6 or 7 percent. Mr. Carollo: 6%, Ralph. Mr. Ongie; 6%. Mr. Carollo: I am looking at at Knox's here so... Mr. Ongie: It probably was somewhere around that figure. IOU ! i 4 1982 Id Mayor Ferre: Alright, so in effect, that was 1979. You went through 1980 and you went through 1981, in effect, without any specific salary increases as such. Alright, now, the second thing is, we need to go through an evaluation to with you. I think what is true of George Knox and what will be true of the Manager even though his is a little bit different, his is a contract, but we want to go through an evaluation with you, so whenever you think it is appropriate, you choose your time,whether it is in February or March, sometime in the next two or three meetings, you ought to submit like Mr. Knox did, a memo as to your activities and... Mr. Ongie: I sent it to you about a week ago. Mayor Ferre: I have not seen that. Have you all seen that? Mr. Plummer: I haven't read it, if I have it. Mayor Ferre: Well then, I need to read it and then we need to put it on the agenda for discussion. Alright, are you ready to vote on this? Mr. Carollo: I am ready to go. Maybe we can take his and george's i� at tje sa,e time? Mayor Ferre: Fine, that was your motion. Oh, you mean the evaluations. I understand. Okay. But the motion stands. Further discussion? Call the roll on the motion. The preceding motion introduced by Commissioner Carollo and seconded by Commissioner Plummer was passed and adopted by a unanimous vote. Said motion was designated Motion No. 82-32. See later confirming Resolution No. 82-54 131 37. DISCUSSION OF SALARY OF MARIE PETIT, ADMINISTRATIVE ASSISTANT TO THE MAYOR. Mayor Ferre: All right, Marie, would you get on the microphcxe so that I can ask you a question here, on the record? Men was the last time that you got an increase? (INAUDIBLE RESPCNSE, STAn24Vr NOT PLACID nM THE PUBLIC FtDOMRD) Mayor Ferre: What? Ten percent, when? (INAUDIBLE RESPONSE, STATF3N M NOT PLC INM THE PUBLIC FOCORD) Mayor Ferre: No, I'm not talking about ...you know, the cost of...I'm talking about a salary increase, not the cost of living. (PAUSE) Well, do you know or.don't you know? Ms. Marie Petit: Apparently, I'm at the top of the range, so I don't get one. Mayor Ferre: When was the last time you got a salary increase? Ms. Petit: Two years ago, other than the cost of living. Mayor Ferre: All right, now, and I'm not being cute about this, Howard, I'm very sincere about this. I know that Jack Eads makes $52,000..what? $46,000, and Walter, how much are you making? Mr. Walter Pearce: $41,000,000. Mayor Ferre: $41,000, okay. And Matty is now making how much? Ms. Hirai: $36,300. Mayor Ferre: $36,000? Well, I just want to say on the record as saying that the output that cams. ..as you know, the Mayor of Miami's job is a part time job, and I am supposed to be working part-time but the staff that works there is working full time- and I certainly think that in proportion to the output of work that Marie Petit certainly puts out wre than ... how much are you making now? Ms. Petit: $33,000. Mayor Ferre: $33,000? Now, I don't want to be pressing that at this time but I really think that that is not eoariensurat:e to the importance of the job and I don't know quite how to go about this, Howard, so I just want to make the statement into the record that in my opinion, Marie should be making closer to $40,000, now... Mr. Carollo: Well, let's put it on the table. The responsibility that she has in your office, Mr. Mayor, with the staff that you have up there could be construed as almost being the equivalent of an Assistant City Manager in charge of a Department. I am not trying to take anything from any of the Assistant City Managers but I do know the responsibility that Marie has up there and for every call we probably get in our office she probably gets ten times as many, because I know every time we get one that complains too much we send it up there to you. Mayor Ferre: I aan glad to hear that, I hadn't figured that out yet. Mr. Carollo: I guess everybody else does the same thing. Mr. Perez: Mr. Mayor, and I think that in accordance with the effort that she is making that she deserves a salary comparable with the Manager's staff I think that she deserves —and I move your proposition for $40,000. Mr. Plummer: You can't do it, it's at the tap of the range. Mayor Ferre: We can't do it you say? Well, then trove her out of the range.. Mr. Gary: You've got to let me do that Mayor Ferre: Well, do you want to put it on the agenda for the next time? Mr. Gaze: Let me sit and talk to her. i32 ' ^ + 4 198i Mayor Ferre: I think it's best if ... the Manager wants to sit down and talk to her, that's all right, I've got no problem with that. 38. _ APPROVE PROPOSED POLICY FOR DEVELOPMENT OF THE SOUTHEAST OVERTOWN/PART: WEST AREA PROJECT. Mayor Ferre; We are now on the discussion of Southeast Overtown/Park West plan. Mr. Carollo: What number are we on, Mr. Mayor? Mayor Ferre: Item F. Mr. Manager, I read the memorandum, sounds good to me. Any further explanation on it? Mr. James Reid: Just one fining, Mr. Mayor. I met with Cammissioner Dawkins and in particular with some people that he has brought together. We are also looking at the policy for the area north of the Transit Station as part of this review, but we intent to work with the ocmrunity and get a consensus on the plan and then cane back to this Cannission. Mayor Ferre: I'll tell you what doesn't sound good to me, is that I don't think we are making enough progress in hiring the staff that you need to hire to be project managers. I really think that you need to pin that down in the next month. i would hope that by the February meeting you will have two people to reccnuiend to us as project managers for those projects because without than on board, you don't have the time, believe me. Okay. Any questions on that? Mr. Da%-,kins: Move it. Mr. Carollo: Second. Mayor Ferre: I don't think there is anything to vote on. Mr. Dawkins: Then let's go to whatever else is next. Mayor Ferre: Any votes on it, Howard? You don't need a vote do you? Mr. Gary: No. I just want to have consensus from the City Camtission that we are moving in the right direction and consistent with their policy. Mayor Ferre: Well, that's why I asked. Does anybody else have any questions? As far as I'm concerned and... Mr. Gary: Can I have a motion? I'd like a motion on this one, please. Mayor Ferre: All right, it's been moved by Dawkins, and second by Carollo, further discussion.... that the City sets a policy as established by the memorandum that you have before you on item F. Call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION No. 82-33 A NOTION APPROVING THE ADMINISTRATION'S POLICY FOR DEVEIAP- MEW OF THE SOUIYiEAST CVERTOWN/PARK WEST AREA PRaTDC'I' AS PRESFI= BEFORE THE CITY CONNaSSION ON THIS DATE IN THE FORM OF A MEMORA MUM SUBMI= TO THE CITY CaM IISSION. Upon being seconded by Cam issioner Carollo, the motion was passed and adopted by the following vote: 133 1ttD11 call on N4-8 .s continued) AYES: Ccmnission{,_r J. L. Plummer, Jr. Ccmaissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. DISCLSSIOi4 IM-1: CO1UZC'2IA.4 OF '.I?ASi: AM GAcRBAC c- . Mayor Ferre: Trash and Garbage Collection. Ccumissioner Dawkins, this was requested by you, sir. Mr. Dawkins: Mr. Mayor, at one of the meetings it was noted that we were going to receive $300,000 for fill fran the County. Not being abreast of where money goes and what have you, I would like to propose, in the event that this would not cost a short fall in the funding or cause us to be _ short I would like to, of those $300,000, take $200,000 of it and hire... it says that the starting salary of a trash collector is $13,500 and it goes to something like $17,000. With that money we could hire approximately 11 waste collectors for a year instead of the part=time collection as we did before on a part-time basis and take $50,000 to use to.. as maintenance on the trash collection and take the other $50,000 and hire some more code en- = forcement officers because in my neighborhood the biggest problem is not - being able to enforce the law. And I would like to propose this, I've dis- cussed it with the Manager on an unofficial mariner, but I would like to give this to the Manager to study and review and care back and make a reearmmenda- tion at the next meeting. Okay. _ Mayor Ferre: Mr. Manager, I assume you concur with this. Mr. Gary: Yes, but I'd like to review it further and ogre back with a re- oam>andation . Mayor Ferre: Do you need a motion on that? I don't think you need a motion. All right, is there anything else on this issue? Mr. Gary: Yes, while we are talking about trash, I've submitted an informa- tional memo to you informing you that we will be having a special trash pick- up beginning this Saturday and continuing for the next two Saturdays there- after. I think it's important for us at this time to realize that we have moved from the once -a -week trash pick-up to a once -every -two weeks and that there appears that we still have a problem in the City, particularly, in view of violations of the Code as well as increased trash in the neighborhoods. Now, we cannot continue on a long teen basis to utilize men on an overtime basis namely, every Saturday, not only for morale problems but from a fiscal stand- point of view. We think it's important for you to review the alternatives that are available to us in teens of trying to improve trash collection. We have submitted to you a proposal for a combined garbage and trash system and we also have an alternative available to you with regards to adding on the 6 additional trash crews so that we can go back to the once -a -week pick-up. I think it's important at this time for us to discuss these alternatives and possibly the City Cannission can give us same direction as to haw to pro- ceed. At this time I would like for Mr. Patterson to explain the alternatives available to you in order to improve trash collection as well as the cost associated with those alternatives. Mayor Ferre: All right, Mr. Patterson. i34 ,� !ANi _i9f Mr. Clarence Patterson: Mr. Mayor, members of the City Cannission. We have followed your instructions to look at sage alternatives in improved trash - collection. As the Manager pointed out, due to fast budget constraints, of course, we've gone fran once -a -week to twice -a -week trash collection in the City. We've looked at alternatives as stop gap methods to go to substantial overtime to maintain a reasonable collection during the highsum- mer months of the year for approximately four months. This, of course, is purely a stop gap rather than a permanent solution to the overall problem. We looked at this overtime during the summer months which will cost us sane $900,000 a year to do that for a four -month period and this would be working.. crews during their off days on a Saturday and on Wednesdays to maintain trash collection approximately twice a week during those sLmTner months when we fall eonsiaeranly Aeni na vie twice-a-v t k sc, mule that we are uoi mg inaw. WC don't see that as.a solution, as a long-term solution to the problem. Instead what you have before you, which we submitted to you and which we feel is a long term solution to the problem, and that is the Report that you have before you where we will combine both garbage and trash and collect then at the same time on a twice -a -week basis. Also on the Report you will find that there is a bulky waste collection program which will handle the bulky items on an on -call basis at the individual citizen's request. You don't have a copy of the Report? We feel that the combined approach which all other major metropolitan cities throughout the United States have done over the years is the solution to a cleaner City. We don't see the current method as being a method for keeping the City of Miami clean for its citizens and for the tourists that we have that visit with us each year. The current method, of course, is one that is expensive and one that we have exhausted all of our resources trying to main- tain a twice -a -week collection as we are now doing which the citizens are not satisfied with. Just to do the 4 summer months of the year that we were talk- ing about earlier will cost us roughly $1,000,000 for those 4 months to do overtime and, at the same time, we will not be back to a once -a -week collec- tion as we were once before. You don't have before you .... Jim, do we have one of these?...We looked at another alternative to put back on additional crews that we have had to cut off due to budget constraints which would cost sane $2,100,000 to put us back to a once -a -week collection as we once were before. Now, this $2,100,000 will put us back to a once -a -week trash collec- tion. but I can tell you that we will still have trash out in the front of homes as long as we allow transh to be deposited there at any time that a citizen desires. And this $2,100,000 will continue to increase each year as long as we use the current method of collecting trash in the City of Miami. Mayor Ferre: Clarence, let me interrupt you and ask you just a very simple question. Air. Patterson: Yes, sir. Mayor Ferre: How many major cities -vy major I mean the City of Miami or larger- are there left in the United States that pick up garbage the way we do? Mr. Patterson: None, zero. Mayor Ferre: Are we the only ones left in the country? Mr. Patterson: You are the only major metropolitan city in the United States collecting trash and garbage the way we do. Mayor Ferre: I can't believe that. You mean to tell me that there is no other city in this country that picks up garbage the way we do? Mr. Patterson: No other city the size of Miami in the United States that does that.. Mr. Carollo: Or larger. Mr. Patterson: Or larger. Mayor Ferre: Let me ask you something else. Fort Lauderdale changed about 4 or 5 years ago, right? Mr. Patterson: That is correct. 135 4 1982 al, � — Mayor Ferre: And -that .includes white and black areas, and urban and sub- urban and everybody. Mr. Patterson: The entire City. Mayor Ferre: Has there been a lot of flack about that? Mr. Patterson: No, sir, they are perfectly satisfied with the system that they have. Mr. Carollo: Why can't he pick , Maurice, like we talked about the last time that the subject came up at the budget hearing, maybe pick a target area.... Mayor Ferre: No, no, it's a lot more than that. This man, Clarence Patterson,his Dept. were authorized not at this budget but at a previous budget hearing to start doing this on a neighborhood basis and cage back to this Commission to report.' Mr. Carollo: I recall that, I made the motion. Mayor Ferre: I specifically mentioned at that time you ought to take Bay Point, that you ought to take the black cc m zd ty, take a neighborhood in the black omrunity, and take a neighborhood in the Latin community and institute the new system to see how did it work. Now, that has never been done to the best of my knowledge. Mr. Patterson: Mr. Manager, if you remember, at that time this was with the cart system. Mayor Ferre: With the what? Mr. Patterson: With the cart system, the roll out cart. Mayor Ferre: 'That's right, and with the equipment on the truck to throw it back and what have you. Mr. Patterson: That's correct and that's the one that the Ccnmission, of course, subsequent, when Ms. Rockafellar and sane others were here and they were confused about the container system and the Camussion, of course, directed us that the container was out. Mayor Ferre: No, siree.... Mr. Patterson: Unless we went into the area and got a two thirds signatures of a given area which was willing to test it at that time. Mayor Ferre: And you couldn't find any areas where you could get a test. Mr. Patterson: We went out and we worked with Ms. Spillman and same of the City's target areas and other community groups around the City and they showed an interest in it but in order for us to go out and do the gathering of the two thirds signatures, we didn't have adequate staff to do that and we didn't find a conmunity-based organization who was willing to collect the two thirds signatures. Mayor Ferre: Now, I would like to inform you, Mr. Patterson, that this is the first time that the Mayor of your City has been informed of that very pertinent fact. Now, is that because you think the Mayor is clairvoyant and knows how to read minds or is it becuuse you were relying on the City Manager to inform the Mayor, or was it a nv=randum that perhaps I, inad- vertently, have not read informing of all this? - Mr. Patterson: Mr. Mayor, I think what happened is that samething got lost in the transition with the two or three different Managers in the period of time that we are talking about here. I did report back to the Manager on our actions. Mayor Ferre: Okay, that's acceptable. You did tell the Manager, the Manager is no longer here. Mr. Plummer: How long are we going to accept the pop --out from all this high- priced help that it was the last guy? 136 0 0 Mayor Ferre: Two years. Mr. Plummer: Two years? You are gone in 2.4 years. Mayor Ferre: Okay, that's scmething that is very difficult to argue against. I certainly hope, since the problem is not going away, that you would keep this Cammussion informed, when these important developments happen. I'll tell you Pat, that if I had known what I just found out I think I would have pro- bably brought this back for further discussion by this Cam fission, especially if we are the only City in America left doing it the good old way and it's costing us $2,200,000 more and going up every day, and we could save $5,000,000 by going to a mechanized system. I mean, I know ... and I want to express that the only reason that I really felt so strongly about this is because Don Petit, Marie's husband, has threatened my life and he has to carry the garbage to the front of the lawn. You know, it may be time for us to reconsider all of this. Mr. Perez: 'Mr. Mayor, I wish to point out that I received in the first 3 weeks in office more than an average of 20 calls per day of different cram - plaints of people interested. I think that the trash and garbage collection has to be a priority of this Commission because that is a concern of our a:n- munity and I personally propose that we send to the Manager's office this proposal in order to have his recommendation for the next Commission meeting. I think that that is a priority in our omaunity. I have received no less. than 200 calls. Every neighborhood that you visit you have different com- plaints and I visited yesterday Mr. Patterson, in his Department, and I am very proud for the service and the organization that he has there. And I think that it is important to have a strong recommendation on this matter. Mayor Ferre: I have not read this memorandum. I assume that you are not recazrending to go back to the mechanized system here. Mr. Patterson: We are not talking about the wheel container here, Mr. Mayor. We are talking about the conventional method but a different method .from the method that we are currently utilizing. Mayor Ferre: Does there have to be a container purchased in this sytean? Mr. Patterson: No, sir. This is similar to what Metropolitan Dade County is doing right now and what most of the metropolitan cities are doing through- out ti-�e country. Mayor Ferre: Do you put your trash in a plastic bag? Mr. Patterson: You put your trash, garbage, boxes, or what have you, all ow -biped together and it's all picked -up on a twice -a -week basis. Mayor Ferre: I suppose I don't want to put my trash in a bag , I just cut trees and throw them out in the front of the street. Mr. Patterson: Then we would have to send an inspector by and work with the citizen on that because that would not be allowed in this system. Mayor Ferre: How many inspectors are you going to add? Mr. Patterson: How many do we have? We have a total of 7 right now. Mayor Ferre: And how many are you going to add 70? Air. Patterson: No, we are not proposing to add any additional inspectors. I think we can do it with the inspectors that we now have. I think it is a matter of educating the public through various brochures and so forth and what it takes to keep our City clean, and, of course, w9 can then concentrate on just the violators and not have to allow this by observation. Mayor Ferre: Pat, if we do this this way, are we going to save $2,000,000? Mr. Patterson: You will save $2,000,000, but this plan, Mr. Mayor, I might point out will ultimately require less people to do the wvrk than we current- ly are employing and what I have reccmTended here is that we not lay off anybody as the result of this plan. We would reduce the work force over a three year period by natural attrition, this way not having to lay off any one at the present time. 337 4 ►982 Mayor Ferre: Are , supporting this program? ... MitL ► are you supporting this? Mr. Dawkins: The only thing that I would like to ask, Mr. Patterson, is - isn't this the same plan that the voters turned down? And if it is, how can you take 7 people and enforce the people who voted against it to concur with it? Mayor Ferre: This has never been put to a vote. When was it put to a vote? Front yard pick-up? Mr. Patterson: I awn trying to answer the Commissioner. This was never put to a vote as far as the people are concerned in the City go Miami, no. And the plan that was presented before, Commissioner Dawkins, was utilizing the wheel container, the cart, and this was the one that it was at the time whom we were increasing the waste fee at the time that the budget was being adapted and there was sore misunderstanding on the part of the citizens that the waste fee was to purchase the container and therefore they didn't want the container and they thought that the fee was to purchase the container and, of course, the container was at that time we were talking about using sane bond funds to purchase the containers and not the waste fee which was to pay Metropolitan Dade County for this total. We are proposing, Commissioner Plummer, to im- plement identically the same system here that Metropolitan Dade County has. M. Plummer: And that's to put it out at the curb? Mr. Patterson: Yes. Combined. mr. Plummer: When hell freezes over. Mr. Gary: I think it's also important ... let us give you our position. I think it's also important to inform you that there are some added benefits to this sytem in addition to the constant pick up of trash and garbage t:oge- hher, which we now pick up twice a week. Another benefit is that we plan to increase the street sweeping and for curb -side streets throughout the City, clean also under express ways and right-of-ways which is not being done right now. Mayor Ferre: Howard, we need to rove because we've got an awful lot of important things to do. I know that this is a very, very crucial decision... Mr. Plug: Hey, I have no problern, and I want to get it on the record... Mayor Ferre: ...that needs to be made and I want to tell you that I am going to vote for it. Mr. Plummer: I have no problem if you want to go to increasing the amount of containers, put trash into the containers into the backyard I have no Pro- blem with that, but in no way I am going to vote to put that stuff out there and watch the dogs rip it apart, you know, and trash all over the street, have all these people caning down here screaming. I want to tell you, to me it looks horrible to drive down a County street and see all that garbage as your neon sign. Mayor Ferre: Pete, I want to tell you, you know that I have been struggling with this thing for 7 years, and I want you to know that there is not one City left in America that picks up trash and garbage the way we do, and you no longer have my vote, I awn not going to —we are losing...we cannot afford it, this is 1982, it is all over. Now, you work on his vote, and his vote, and his vote, you don't have mine. Mr. Dwkins: The only problem I have is -and if, as explained to me I will buy it- is what difference does it make if I put all of my stuff in one container and put it in the back yard or if I put it all in one container and put it in the front yard, it still has to be picked up. Mayor Ferre: $2,000,000 different, that i what it means. Mr. Dawkins: I can't believe it. 138 4 i Mr. Patterson: The difference, Commissioner Dawkins is that you have just doubled your cost. It takes twice as many people to pick it fran the back yard Mr. Dawkins: But you have also doubled my garbage tax already. Mayor Ferre: Yes, but the point is, if there isn't anybody left in the country that does it that way, except us. So, we are unique and it costs $20,000,000 a year. Mr. Dawkins: You just said $2,000,000 now. Mayor Ferre: The total of this man's department is $20,000,000. Mr. Dawkins: So he went from 20 to 18, so we are talking about $18,000,000. Mayor Ferrer' It is $5,000,000, as I recall the statement during budget time that we had a mechanized system today, which we don't, that the difference in costs would be $5,000,000 less. Mr. Carollo: It is initiated probably the third or fourth year, right? That is first, because we would have to buy all that new equipment. (INAUDIBLE CCM EW - NOT ON MICROPHONE) Mr. Carollo: That is what I said three years ago and you didn't listen to me, so I am not going to listen to you now. I am going to pay you back. Mr. Gary: If I can, before he begins, I want to get opposition out and then we will listen to them, if you don't mind, Mr. Mayor. The first year's savings will be 2.8 million dollars and it compounds every year because you don't have to do that, you have inflation. Mr. Dawkins: The only problem I have with this, and let me say it and I will be through with it. Every damn time there is a budget cut, it is the Black people who have to suffer and I have a damn problem with that and I may as well tell the Manager, Mr. Patterson and everybody else, that any damn time this city has to save money, you pick the lowest people on the pole, which is the Black people and now we start talking about cutting. Why in the hell don't you cut soreplaee else and tell me about saving $5,000,000. Don't save the $5,000,000 here. Find someplace else in the budget to save. Mr. Gary: If, I may, the plan also calls not for inrLediate termination, but calls for reduction through attrition. Mr. Dawkins: In the end, Mr. Manager, it is still 90€ Black people where you are talking about cutting and I know sore areas around here that are 90% White and don't nobody talk about cutting. Mr. Gary: If I may, we are not doing this as a color or racial issue; we are looking at it in terms of management and I would hope that we would proceed with management efficiency in other departments as we do with this one. And we have done it with police, we have done it with finance, and we are going to be doing it with others. Mr. Patterson: Mr. Mayor, in addition to what the Manager pointed out, I have a total of 25 years in this business, and I can assure you and this ccnT dssicn, without regard to color or race or sex here, that we are talking about keeping the City of Miami clean. I cdn assure you and tell you that from my professional opinion, there is no way under God's creation can we keep the City of Miami clean by the method that we are currently using. The method is totally antiquated. It is not used anyplace else in the United States and you could pour all the money you want into this department. As long as you allow people to walk out and throw garbage and trash into the streets in this city, you are going to have a dirty city. I am proposing a method by which we can keep a cleaner city. Mr. Dawkins: Let me say this and I will be finished. Effective December 5th, the following vacancies existed in the Solid Waste Department: 1 foreman, 1 waste equipment operator, 10 waste collectors -operators, 30 waste collectors. 30 & 10 is 40, that is 42 people. Can you show me another department that has 42 vacancies in it? lG .N! � 1i i�G� Mr. Gary: Yes, P* 2. Mr. Joffre: Mayor, can we get a chance to rebate here? Mayor Ferre: Yes sir. Pat, are you finished with your statement now? Mr. Patterson: Yes, Mr. Mayor. Mr. Joffre: Peter Joffre from Sanitation Employee's Association. We are for- getting one thing. The last few years we keep cutting down little by little by men. Your equipment on the trash has not been replaced. Always, I would say that the department has the thought that we are going to go in to curb- side; we are going to go into another kind of system. Thing has been let down, people have been cut. We have people in every category working out of class. We have 40 vacancies right now in the department. It has all been cut off,from this year's budget. Mr. Patterson talks about the idea of pickups on the curbs, like Metro does. Metro has little mini -dumps. We don't have mini -dumps in the City of Miami. Where are these people going to take the trash? You are talking about - you take S. W. 2nd Street, 3rd Street N. W. where the people are caught, park their cars. When it comes to the next day, they put their garbage out the night before, you are just going to have more trash on the street then anything else, because your parking facilities. All we are asking for, is give us man, either what is one the budget. With $600,000 more, we could go to one a week pickup and you could have a crane with special pickup north and south and give us some new equipment. We haven't had equipment - and I will take any of the Commissioners or anybody - to show you what kind of cranes we have back there. If you get ocean out there, if you pass two cranes out there, you have a lot. Everyone of those cranes leaks oil all over the place. And I will take anyone, anyone of the Commissioners.... Mayor Ferre: I am not smart enough and I don't know enough about this particular business to give you an answer, or anybody an answer. All I know is this: this city is dirty. Trash and garbage is not being picked up properly. Now, I don't know who is to blame, or what is to blame, but we have got to do something drastic to change it. Now, if what we need to do is get two more million dollars, than I need somebody to tell me how and where we are going to get $2,000,000, when we have a reduction of monies coming in from Washington, okay? And a reduction of all types of monies available from the City.'iow absent this, the only other alternative is, to change an anachronistic system which is the only one left in America, and that is the old fashioned hand backyard pickup. We are not doing it because we don't have the money. We don't have the equipment. Now, if somebody doesn't come up with an answer for more money, then we have got to go to a new system. Mr. Joffre: Mayor, we are also the only southern city, one city, where trash and grass grow more than any other place in the country, all year around. Ft. Lauder- dale has a lot of alleys. Miami Shores has a lot of alleys, but the trucks go right by and pick it up. Do we have this in the City of Miami? We don't. Miami Shores, do they have apartment houses? Not as many as we do in Miami. You go down to S. W. 2nd St 6 1st Street, N. W., and you can't even find a parking spot. Imagine those garbage cans put out the night before? Mayor Ferre: Does Coral Gables pick up garbage the way we do? Mr. Joffre: They pick up trash the way we do. Mayor Ferre: But they don't pick up garbage the way we do. Mr. Joffre: But Coral Gables is a different city compared to Miami. Mayor Ferre: Does Metropolitan Dade County pick up garbage and trash the way we do? Mr. Smith: If you look at the county as a whole, it is a lot dirtier than the City of Miami. You take the county and take cert ain areas and look at it.This trash pile that sits in the county where people pay rent and don't give a darn whether the trash pile gets picked up or not and the land owner is not there and the pile has been there for two years: Mayor Ferre: I wish I knew what the answer was. I can only go by the recommenda- tion of the Administration and I am only speaking for one, but Mr. Patterson and his boss, Mr. Gary have my vote of confidence. Mr. Plummer: Call the question. Is there a question to be called? Mr. Smith: Okay, but since 1977...... they have been hacking away. i40 Id Mr. Plummer: You are wasting your time, and mine. Is there a vote to be taken? Mayor Ferre: There has to be a motion. Mr. Plummer: I make a motion that we maintain our present system of sanitation, what is the word - service? Mayor Ferre: Is there a second? He is saying that we stay as we are. Mr. Plummer: That we maintain the same sanitation service. Mayor Ferre: You had better get Carollo in here; get everybody in here. Okay, on the motion. You may get your way - you may get 3 votes here. Okay, further discussion? Mr. Carollo:- I can certainly understand their point. Clarence, what I would like for you to do,... I think that we have enough time to maybe reach a reasonable compromise that would be satisfactory to the union people, the sanitation depart- ment, to the Commission and to the staff. What I would like to do is to get in paper a complete plan, including every figure you can think of, not what we are going to save now, but for the first 10 years of this plan, because for the first 2 or 3 years we are not going to be having much savings, because of the initial outlay we are going to make on the equipment. Was this the idea? I still would like to get a report on the other idea, but until I get something that is ex- tremely clear ..... Mayor Ferre: Do you want to talk to Joanne Holzhauser about this? Mr. Carollo: No, please. I am going to have to vote no. The truth of the matter, Clarence is that I just don't see convincing a lot of people out there on this at this point in time and you are going to have to do a .... I talk what he is talking about. He is not talking about initial equipment, I know that. You are talking about pickup in the front. Mayor Ferre: No, he is talking about combining trash and garbage. I want to tell you something. Mr. Carollo: Combine trash & garbage? And they will pick up two times a year again? Mayor Ferre: Yes, wait, I want to tell you something. Mr. Manager, this is your fault. Mr. Patterson, this is your fault. You know why it is your fault? Some- thing as important as this, you send a memorandum - as important as this - to the members of the Commission. Nobody on this Commission has read this memorandum, including me. Okay? Now, if you had not taken the time to go sit at his doorstep and at his doorstep and his - alright you are the exception here - he hadn't dis- cussed it with me, and he hadn't discussed it with him, and he hadn't discussed it with him and we are voting on something without knowing what we are voting on and it is your fault for not having made yourself a little bit clearer. Now, I glanced over it and understand what you are talking about, but I will tell you, that is no way to run an airline Mr. Plummer: What you are proposing is to go to a combined trash & garbage front yard pickup. Mr. Patterson: That's right, with bulky waste collection and with increased street sweeping. Mr. Plummer: But basically, the big major change is combining trash & garbage and putting it in the front yard. Mr. Patterson: That is correct. This is without the wheel container, Joe. Mr. Carollo: I will be honest with you Clarence, until I sit down with you and you explain it a lot clearer to me, from what I see about this, I am not in the mood for any suicidal votes right now. Mayor Ferre: Is there a motion to put this thing off then, until the next hearing. Mr. Carollo: I would prefer to make a motion to put it off, Mr. Mayor. Mayor Ferre: It has been moved and seconded that this item be deferred until the February llth meeting. Further discussion. i41 ; , , 1982 THEREUPON, the City Commission on motion duly made by Commissioner Carollo, and seconded by Commissioner Plummer UNANIMOUSLY AGREED TO DEFER THIS ISSUE until February 11, 1982 Commission meeting. AFTER ROLL CALL: Mayor Ferre: Do your homework better next time, would you please? Mr. Joffre: Mr. Mayor, one question, can we get any information that the depart- ment will get to you so that we can possibly prepare ourselves with it? Mayor Ferre: Absolutely. Whatever yousend to the Commission, you send to them at the same time. Alright. Is that understood? Mr. Joffre: :So we can be prepared next time. I have a lot of hard time trying to get some information in the department. Mayor Ferre: Whenever he get a memo, whenever I get a memo, at the same time he gets a memo, okay? Same memo. 40. APPOINT RALPH GISBERT AS A ,tEIMBEP. OF THE CIVIL SERVICE BOARD COMMENDING LESLIE PANTIN FOR HIS SERVICE ON THE BOARD. Mr. Carollo: This is a resolution appointing one member to the Civil Service Board in the City of Miami, Florida. Mayor Ferre: Appointment of one member to the Civil Service Board. Alright, the Chair is open for recommendations. You have all received a letter from Leslie Pantin, and for the record I will read it into the record. It says: "January 14 - Dear Maurice b Commissioners: After careful deliberation, I have decided not to seek appointment to another term in the City of Miami's Civil Service Board. My commitment with the Carnival Miami, my business and other civic activities are putting a strain on my schedule. I have enjoyed serving the Civil Service Board and I look forward to serving the City of Miami. Sincerely, Leslie Pantin, Jr." I would like to make a motion of commendation and appreciation to Mr. Leslie Pantin, Jr. for his past services on the City of Miami Civil Service Board and wish him the very best. Mr. Carollo: I second that, Mr. Mayor. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 82-34 A MOTION OF THE CITY COMMISSION COMMENDING MR. LESLIE PANTIN, JR. FOR OUTSTANDING SERVICES TO THE CITY OF MIAMI WHILE A MEMBER OF THE CIVIL SERVICE BOARD. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre. NOES: None. Mayor Ferre: The Chair is now open for nominations to the Civil Service Board. Mr. Carollo: Mr. Mayor, I would like to nominate Mr. Ralph Gisbert. Mayor Ferre: Ralph Gisbert. Alright, you have, as I understand it, his resume. Mr. Carollo: Yes, Mr. Mayor, the members of the Commission have his application. 142 Mayor Ferre: I wou a like to nominate Hilda Esther--4ovides, 23 year old U. S. citizen, married, lives in the City of Miami, is a graduate of FIU and her job - she has been a purchasing agent and she submitted her name. Are there any other nominees? Get a piece of paper and write the name of your choice. Mr. Plummer: Are either one of the parties here? Mr. Carollo: Mr. Gisbert is here, Mr. Mayor. He took an interest in it. Mayor Ferre: Hilda Beovides was here, and her father was here and let me know that he was here. Mayor Ferre: Ralph Gisbert. Mr. Plummer: How long have you worked for the State of Florida? Mr. Gisbert: 4 years. Mr. Plummer:. 4 years? Just so we don't have any problems later. Mr. City At- torney, there is no conflict existing between an employee of the State of Florida holding the Civil Service Board? Mr. Knox: Not that I know of. Mavor Ferre: Mr. Gisbert, how old are you? Mr. Gisbert: I am 28. Mayor Ferre: 28, and you have had this job with the state for 4 years? Mr. Gisbert: That is correct. I worked 2 years with the Department of Correction - as a probation and parole officL@r and 2 years with the Florida Department of State. - Mayor Ferre: Florida Department of what? Mr. Gisbert: Department of State, office of the Secretary of the State of Florida. Mayor Ferre: Oh, I see. Okay. Mr. Carollo: He is an investigator for that Department, Mr. Mayor. Mayor Ferre: Alright, and your educational background, because it is not on this record. Mr. Gisbert: I have a Bachelor of Arts in Psychology and I have also completed worK toward a master's degree in Public Administration at FIU. Mavor Ferre: At FIU. Both at FIU? Mr. Gisbert: No, my Bachelor of.Arts is from the City University of New York. Mayor Ferre: And you are a Latin, as I understand it, and you are bilingual. Mr. Gisbert: That is correct. Mr. Plummer: But you are Latin? Mr. Gisbert: Yes, I was born in Havana, Cuba, but I am a U. S. citizen. Mr. Plummer: The Mayor asked a question were you Latin and you said no, I am bilingual. You can be bilingual without being Latin. Mayor Ferre: He was born in Havana, Cuba. That makes him Latin. That is good enough for me. Mr. Plummer: I heard a different argument on another individual. Mayor Ferre: I was talking about whether or not he is a Latin. I mean, having been born in Havana, Cuba, I think classifies him, as far as I am concerned as a Cuban -American. Mr. Plummer: Will you hold that true in the Police Department? Mayor Ferre: For the record, when Ifound out that Major Alba was born in Havana. Cuba, I stood corrected, that he is a Cuban -American, no question about it. I didn't realize that at first. Now, I think the importance of this is that it 143 Jr;�� a t is good to have a balance on the Civil Service Board. And I think it is impor- tant. Alright, do you have the tally? Mr. Ongie: Yes sir. Mayor Ferre: Announce the result. Mr. Ongie: First ballot, Mr. Gisbert. Gisbert has received 4 votes from Commissioner Plummer, Commissioner Carollo, Commissioner Dawkins and Commissioner Perez. Hilda Beovides received 1 vote from Mayor Ferre. Mr. Carollo: Congratulations. Mr. Gisbert: Thank you, Commissioners. Mayor Ferre:: Okay, anything else? Mr. Ongie: We have to pass a resolution for that, Mr. Mayor. Mr. Carollo: Shall I make a motion for that? - Mayor Ferre: For the record, make a motion on that Joe. Is there a second? Further discussion? Call the roll. The following resolution was introduced by Commissioner Carollo , who moved its adoption: RESOLUTION NO. 82-35 A RESOLUTION APPOINTING ONE MEMBER TO THE CIVIL SERVICE BOARD 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 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 NOTE FOR THE RECORD: RALPH GISBERT WAS APPOINTED TO THE CIVIL SERVICE BOARD. 41. DISCUSSION ITEM. CITY C0r?`ISSION FETING GUIDELINES. Mayor Ferre: On Item "M", Mr. Manager, what you sent here was a transcript of City of Miami Commission discussions. What I would like for you to do, which I thought it was understood, and I think Jack Eads can do that very well. It is for him to take that and put it into a specific memorandum form, to go to each member of this Commission to get their input and to put it into a specific resolution if you would and I figure there is no reason we can't do that at the next meeting on the 28th, even though it is a zoning meeting. Do you have any problems with that? Mr. Plummer: Are we quitting at 9:00 o'clock? Mayor Ferre: We Mayor Ferre: (con't) Angela Bellamy did an awful lot of work on this. She spent months and months on this. Mr. Gary: Yes, but you haven't accepted it. You thought it was a bad plan. Mayor Ferre: Nobody ever discussed it. I never saw it. Mr. Gary: It is in the minutes. I will get that for you. Mayor Ferre: I think that Jack or Walter or one, or whoever you are going to assign this to, should put all this together and discuss it with each member of the Commmission and bring it back in resolution form. 42. ACCEPT BID: TRUSTEE SERVICES OF PROPOSED CALL OF PARKIIIG GARAGE REVENUE BOITDS IN THE AMOUNT OF $12,000,000. Mayor Ferre: On Item 29, is there a motion? Moved by Carollo, second by Perez; further discussion? Call the roll. The following resolution was introduced by Commissioner Carollo , who moved its adoption: RESOLUTION NO. 82-36 A RESOLUTION ACCEPTING THE ATTACHED BID PROPOSAL OF BARNETT BANK AND TRUST COMPANY, N.A., TO ACT AS FISCAL AGENT FOR THE PROPOSED SALE AND DURING THE 25-YEAR LIFE OF PARKING GARAGE REVENUE BONDS IN THE AMOUNT OF $12,000,000; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID BANK IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID BID, WITH FUNDS FOR SAID SERVICES TO BE DERIVED FROM THE PROCEEDS OF THE SALE OF SAID BONDS. (Here foilows 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 43. AUTHORIZE INCREASE IF, CONTRACT: EVENSON DODGE I:IC. FOR HOUSING FINANCIAL ADVISORY SERVICES FOP. PRODUCTION OF LOW/MODERATE INCOMES. Mayor Ferre: Agenda Item No. 32 - an increase in the contract of $30,000 between the City and Evenson-Dodge providing housing financial advisory services. Is there a motion? Moved by Perez, second by Carollo. Further discussion. Call the roll. The following resolution was introduced by Commissioner Perez , who moved its adoption: RESOLUTION NO. 82-37 A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT IN AN AMOUNT NOT TO EXCEED $30,000 BETWEEN THE CITY OF `:I?:II AND EVENSON-DODGE, INC. FOR PROVIDING HOUSING FINANCIAL ADVISORY SERVICES IN CONNECTION WITH THE PRODUCTION OF HOUSING FOR LOW AND MODERATE INCOME FAMILIES: SAID FUNDS TO BE PROVIDED EN- TIRELY FROM THE GENERAL O ;jjATIOA HOUSING BOND FUND. `� . i 1�Q� (Here foAw3 body of resolution, omittei.4re and on file in the 011'ice 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 44. ACCEPT BID: AUTOMOTIVE DRIVE ON RACE. Mayor Ferre: Take up Item No. 48. Is there a motion? Perez moves, Plummer seconds. Further discussion? Call the roll. The following resolution was introduced by Commissioner Perez , who moved its adoption: RESOLUTION NO. 82-38 A RESOLUTION ACCEPTING THE BID OF MARION EDWARDS AUTO PAINT SUPPLY, INC. FOR FURNISHING ONE AUTOMOTIVE DRIVE -ON RACK TO THE DEPARTMENT OF BUILDING & VEHICLE MAINTENANCE; AT A TOTAL COST OF $31,525.00; ALLOCATING FUNDS THEREFOR FROM THE 1981-82 OPERATING BUDGET OF THAT DEPARTMENT; AUTHORIZING THE CITY MAN- AGER AND THE PURCHASING AGENT TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner 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 45. ACCEPT BID: MOTOR VEHICLES. Mayor Ferre: Take up 49. Moved by Dawkins, seconded by Perez. Further discussion? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: 146 RESOLUTION NO. 82-39 A RESOLUTION ACCEPTING THE BIDS FOR FURNISHING AUTO- MOTIVE EQUIPMENT ON A CONTRACT BASIS FOR ONE YEAR FROM DATE OF AWARD TO THE DEPARTMENT OF BUILDING AND — VEHICLE MAINTENANCE WITH INITIAL PURCHASES AS FOLLOWS: BID OF FRIENDLY FORD, INC. FOR 86 VEHICLES AT A COST OF $666,525.00; BID OF MAX GROSSO CHRYSLER PLYMOUTH, INC. FOR 49 VEHICLES AT A COST OF $287,165.57; BID OF REGENCY DODGE, INC. FOR 26 VEHICLES AT A COST OF $203,779.76; BID OF DEBRA TURF & INDUSTRIAL EQUIPMENT, _ INC. FOR 5 VEHICLES AT A COST OF $221475.00; BID OF HARLEY DAVIDSON OF MIAMI, INC. FOR 8 VEHICLES AT A COST OF $41,480.00; BID OF HONDA NORTH FOR 4 VEHICLES AT A COST OF $21,000.00; BID OF VESPA HONDA OF MIAMI, INC. FOR 31 VEHICLES AT A COST OF $44,206.00; AT A TOTAL COST OF $1,286,631.33; ALLOCATING FUNDS THEREFOR FROM THE 1981-82 OPERATING BUDGET OF THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE IN THE AMOUNT OF $1,236,239.479from L.E.A.A. GRANT FUNDS IN THE AMOUNT OF $34,606.86, AND FROM PRIOR YEAR ENCUMBRANCES IN THE AMOUNT OF $15,785.00; AUTHORIZING THE CITY MANA- GER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDERSFOR THIS EQUIPMENT. (Here .ollowG 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 46. ACCLPT BID: DA': CARE FOOD PROGP.A",. Mayor Ferre: Take up 50. Moved by Plummer, seconded by Dawkins. Call the roll. The following resolution was introduced by Commissioner Plummer , who moved its adoption: RESOLUTION NO. 82-40 A RESOLUTION ACCEPTING THE BID OF DIETCRAFT, INC. FOR FURNISHING MEALS AT THE 4 CITY DAY CARE CENTERS ON A CONTRACT BASIS FOR ONE YEAR TO THE DEPARTMENT OF LEISURE SERVICES AT A TOTAL ESTIMATED COST OF $64,073.00; ALLOCATING FUNDS THEREFOR FROM A U.S. DEPART- MENT OF EDUCATION: AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner 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 147 , ., ► i 1 4 1982 NOTE FOR RECORD: kbDA ITEM 45 WAS PASSED AND ADNTED AT THIS POINT BUT WAS LATER RESCINDED DURING THIS MEETING. 47. FIRST & SECOIdD READING ORDIiANCE: LOCAL GOVERNMNT CRIME CONTROL PROGW, .. Mayor Ferre: We are now on Item No. 22. This is the police item with the $356,000. Plummer moves, Perez seconds. Anybody have any problems with this now. Joe, are you alright on this? Mr. Carollo: This is the... Yr. Plummer:. That is the one if you don't use, you lose. Mr. Carollo: That includes a variety of different events. Just for the record, Mr. Manager, can you go briefly - say what they are? Mr. Gary: One is a crime prevention program, another is a marine patrol boat, another one is a response equipment vehicle, another one is a mass arrest vehicle, another one is a security vehicle for rescue of human beings and bombs. Mr. Carollo: Okay. I move. Mayor Ferre: It has been moved and seconded. Further -discussion? Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE ESTABLISHING A NEW TRUST AND AGENCY ACCOUNT ENTITLED "LOCAL GOVERNMENT CRIME CONTROL PROGRAM", AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $356,192; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE: AND DISPENSING WITH THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. Was introduced by Commissioner Plummer and seconded by Commissioner Perez, for adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing with the requirement of reading same on two separate days = by a vote of not less than four -fifths of the members of the Commission AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Perez, adopted said ordinance by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9364 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and copies were available to the public. Mayor Ferre: Plummer moves Item No. 35. Is there a second. Second by Perez. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer , who moved its adoption: RESOLUTION NO. 82-41 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMEND- MENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, TO THE JUNE 21, 1978 AGREEMENT BETWEEN THE CITY AND ROBERT M. WEBSTER, AS A FIRE _ COMPUTER SYSTEMS AND RECORDS CONSULTANT, AT A SALARY OF $7,200 PER YEAR FOR A TERM NOT TO EXCEED 3 YEARS, WITH FUNDS THEREFOR ALLOCATED FROM THE 1976 AND 1981 CITY OF MIAMI FIREFIGHTING, FIRE PREVENTION AND RESCUE FACILITIES BOND SALES. (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 49. ?.CCEPT BID: OFFICE FUF.;ITURE FOR THE FINA!'CL DEPARTMENT. Mayor Ferre: Mr. Manager wants 51 & 52. Moved by Dawkins. Mr. Plummer: Why is that such an emergency? Mr. Gary: It is an emergency because I got some bids that are going to run out and I've got to go and re -bid and the prices are going to go up. Mr. Plummer: Oh no. Mayor Ferre: There is a motion on 51. There is a second on it. Further dis- cussion'. Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 82-42 A RESOLUTION ACCEPTING THE BID OF THOMAS W. RUFF & CO. FOR FURNISHING OFFICE FURNITURE TO THE DEPARTMENT OF FINANCE - GENERAL ACCOUNTING AND PENSION ADMINISTRATION AT A TOTAL COST OF $76,884.40; ALLOCATING FUNDS THEREFOR FROM FLORIDA POWER AND LIGHT FRANCHISE FEES; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). 14 1982 149 4` 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. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: Commissioner J. L. Plummer, Jr. ABSENT: None Mayor Ferre: Take up 52. Is there a motion? Moved & seconded. Further discussion. Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION N0. 82-43 A RESOLUTION ACCEPTING THE BID OF J & G ASSOCIATES, INC. IN THE PROPOSED AMOUNT OF $230,186, BASE BID OF THE PROPOSAL, FOR CITY HALL - FINANCE OFFICE RENOVATIONS - 1981 ORD BIDDING); WITH MONIES THEREFOR TO BE PROVIDED FROM THE "CAPITAL IMPROVE- _ MENT FUND" IN THE AMOUNT OF $230,186 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $5,214 TO COVER THE COST OF PROJECT EXPENSE: ALLOCATING FROM SAID FUND THE AMOUNT OF — $4,600 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE: AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. — (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. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: Commissioner J. L. Plummer, Jr. ABSENT: None AFTER ROLL CALL: Mayor Ferre: Hallelujah! We have been trying to get this for 3 years. What do you mean what the hell happened to you? I vote yes. (laughter) 51. FIRST & SECOND READING ORDINANCE: A_IDPROP::IATINC FROM UNALLO- CATED FP&L FUNDS TO INCP.EASE APPROPRIATION FOP. RE11OVATION Or GENERAL ACCOUiN'TIUG. Mayor Ferre: Are we going to do Item No. 24 or not? Mr. Carollo: I will make a motion on 24. Mayor Ferre: There is a motion on Item No. 24. Is there a second? Second by Perez. Further discussion? Read the ordinance. 150 AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 9353, ADOPTED NOVEMBER 19, 1981, THE CITY'S CAPITAL IMPROVEMENT APPROPRIA- TIONS ORDINANCE FOR FISCAL YEAR 1981-82; BY APPROPRIATING AN AMOUNT OF $160,000, FROM UNALLOCATED FY 1982 FLORIDA POWER 6 LIGHT FRANCHISE EARNINGS, TO INCREASE APPROPRIATIONS FOR PROJECT IX.B.i23, RENOVATION OF GENERAL ACCOUNTING: CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND DISPENSING WITH THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NO LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION: Was introduced by Commissioner Carollo and seconded by Commissioner Perez, for adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez Vice -Mayor Joe Carollo Mavor Maurice A. Ferre NOES: Commissioner J. L. Plummer, Jr. Whereupon the Commission on motion of Commissioner Carollo and seconded by Commissioner Perez, adopted said ordinance by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez Vice -Manor Joe Carollo Mavor Maurice A. Ferre NOES: Commissioner J. L. Plummer, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9365 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City_ Commission and copies were available to the public. 52. EMERGENCY ORDI:�AXE: OPEP.ATIO:; OF MARII-7E STADIUM. Mayor Ferre: Take up Item No. 23"B". Is there a motion on that. Mr. Gary: These monies are needed to continue to maintain the Marine Stadium, because we don't have a contract with the Concessionaire. Mayor Ferre: Plummer moves. Is there a second? Further discussion? Read the ordinance. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTIONS 1 AND 5 OF ORDINANCE NO. 9321 ADOPTED SEPTEMBER 24, 1981, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1982, AS AMENDED, BY INCREASING THE APPROPRIATION FOR THE ENTERPRISE FUND, IN THE AMOUNT OF $122,200 FOR MARINE STADIUM, AND BY INCREASING ENTERPRISE FUND REVENUE IN THE SAME AMOUNT FROM FACILITY RENTALS ($62,500), CONCESSION REVENUE ($42,000) AND REIMBURSEMENT REVENUE ($17,000) AT MARINE STADIUM FOR THE PURPOSE OF OPERATING SAME FOR THE REMAINDER OF FY '82; CONTAIN- ING A REPEALER PROVISION; AND A SEVERABILITY CLAUSE. 151 Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None ABSENT: None Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Dawkins, adopted said Ordinance by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None ABSENT: None SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9366. The City Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the City Commission and to the public. 53. FIRST d SECOi;D READING ORDINANCE: INCREASE APPROPP,IATIOt; OF THE MAYORS OFFICE - 1 POSITION. s Mayor Ferre: Take up 23"A". Plummer moves. Perez seconds. Further discussion. Read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 9321 ADOPTED SEPTEMBER 24, 1981, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1982, AS AMENDED, BY IN- CREASING THE APPROPRIATION IN THE GENERAL FUND FOR THE MAYOR'S OFFICE IN THE AMOUNT OF $25,000 AND BY DECREASING THE APPROPRI- ATION FOR SPECIAL PROGRAMS AND ACCOUNTS CONTINGENCY FUND IN THE LIKE AMOUNT FOR THE PURPOSE OF PROVIDING FUNDING IN THE MAYOR'S OFFICE IN ORDER TO RESTORE ONE POSITION VACATED IN SAID OFFICE; CONTAINING A REPEALER PROVISION, AND A SEVERABILITY CLAUSE; AND DISPENSING WITH THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR FIFTHS OF THE MEMBERS OF THE CITY COMMISSION. Was introduced by Commissioner Plummer and seconded by Commissioner Perez, for adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None 452 Whereupon the *mission on motion of Commissict Plummer and seconded by Commissioner Perez, adopted said ordinance by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9367 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and copies were available to the public. NOTE FOR RECORD: AGENDA ITEM NO. 65 WAS CONTINUED. 54. ACCEPT BID: KIRXLAWD SANITARY SEWER SR-5478-C Mayor Ferre: Item No. 66, Kirkland Sanitary Sewer - Roenca Corporation, the low bid was $1,431,590. Plummer moves, Perez seconds. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer , who moved its adoption: RESOLUTION NO. 82-44 A RESOLUTION ACCEPTING THE BID OF ROENCA CORPORATION IN THE PROPOSED AMOUNT OF $1,431,590, BASE BID OF THE PROPOSAL, FOR KIRKLAND SANITARY SEWER IMPROVEMENT IN KIRKLAND SANITARY SEWER IMPROVEMENT DISTRICT SR-5478-C (CENTERLINE SEWER); WITH MONIES THEREFOR ALLOCATED FROM THE "SANITARY SEWER G.O. BOND FUND" IN THE AMOUNT OF $1,431,590 TO COVER THE CONTRACT COST: ALLOCATING FROM SAID FUND THE AMOUNT OF $157,475 TO COVER THE COST OF PRO- JECT EXPENSE: ALLOCATING FROM SAID FUND THE AMOUNT OF $28,630 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORA- TORIES, AND POSTAGE: ALLOCATING FROM SAID FUND THE AMOUNT OF $59,305 TO COVER THE INDIRECT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (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 55. ACCEPT BID: A: RICAN SQUAP.E PXCP.EAiIOi: BUILDING - MODIrICATIONS Mayor Ferre: Item No. 69. Mr. Dawkins moves. Perez seconds. Mr. Plummer: I have no figures in mine. Anybody else have figures in theirs? 153 J A 11-o 1, 4 1982 Mr. Gary: $147,00 4s I recall the figure. Mayor Ferre: $136,000. Mr. Gary: $147,000 or $136,000. $147,000. Mr. Plummer: $147,000? Mayor Ferre: What was the estimate? Mr. Grimm: $100,000. It went over. Mayor Ferre: This is $100,000 over the estimate? Mr. Grimm: No, $47,000 over. Mr. Plummer: 50%: Mayor Ferre: Are you recommending this? Mr. Gary: Yes sir. The reason is we had to postpone. We had to do the roof first. The cost went up. Mayor Ferre: Is this the low bid? Mr. Gary: Yes sir. Mayor Ferre: How many bidders? Mr. Grimm: Three. Mayor Ferre: Further discussion? Call the roll. The following resolution was introduced by Commissioner Dawkins , who moved its adoption: RESOLUTION NO. 82--45 A RESOLUTION ACCEPTING THE BID OF MET CONSTRUCTION, INC. IN THE PROPOSED AMOUNT OF $147,661.00, L,SE BID OF THE PROPOSAL, FOR AFRICAN SQUARE RECREATION BUILDING - MODIFICATIONS; WITH MONIES THEREFOR ALLOCATED FROM THE "FEDERAL COMMUNITY DEVELOP- MENT BLOCK GRANT" IN THE AMOUNT OF $147,661.00 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $20,673.00 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $2,953.00 TO COVER THE COST OF SUCH ITEMS AS AD- VERTISING, TESTING LABORATORIES, AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A COANTRACT WITH SAID FIRM. (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 i 154 56•SECOiiD PEADING ORDINANCE: AMEND APPROPRIATIONS ORDINANCE OPERATING COSTS OF LITTLE HAVANA COrI WITY CENTER Mayor Ferre: Item 17, is there a motion on it? It was moved my Carollo and seconded by Plummer. Plummer, do you want to move it this time? Mr. Gary: We need this for the Little Havana Center in order to keep & maintain that facility. Mayor Ferre: Plummer moves, Perez seconds. Further discussion. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTIONS 1 AND 5 OF ORDINANCE NO. 9321 ADOPTED SEPTEMBER 24, 1981, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1982, AS AMENDED, BY INCREASING THE APPROPRIATION FOR THE GENERAL FUND, IN THE AMOUNT OF $132,500 FOR THE COMMUNITY DEVELOPMENT DEPARTMENT, AND BY IN- CREASING GENERAL FUND REVENUES IN THE SAME AMOUNT FROM FY '81 FUND BALANCE FOR THE PURPOSE OF PROVIDING FUNDING ($42,000) TO REIMBURSE SAID DEPARTMENT FOR EXPENSES INCURRED IN CONNECTION WITH THE PREPARATION, RESEARCH, AND DESIGN ASSOCIATED WITH THE MEDIA II CONTRACT OF THE DEPARTMENT OF TRADE AND COMPIERCE AND FOR INCREASED OPERATING COSTS ($90,500) OF THE LITTLE HAVANA COMMUNITY CENTER FOR FY '82; CONTAINING A REPEALER PROVISION; AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of December 10, 1981, it was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer and seconded by Commissioner Perez, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO.9368. 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. 57. FIRST & SECOND READING ORDINANCE: DELETE ALL REFEREi�,CES IN THE CODE TO "LLISURE SERVICES DEPART:1ENT". SUBSTITUTE WORDS: "RECREATICI1 DEPAF.TME-OT" . Mayor Ferre: Take up 19; that is the renaming of the Department of Recrea- tion Department. Plummer, do you want to move it? Plummer moves, Dawkins seconds. Further discussion. Call the roll. 155 f AN ORDINANCE ENTITLED- AN ORDINANCE AMENDING SECTIONS 2-186, 2-187 ANT 2-188 OF THE CODE OF THE CITY OF MIAMI, FLORIDA AS AMENDED, BY DELETING ALL REFERENCES TO THE LEISURE SERVICES DEPARTMENT AND SUBSTITUTING THEREFOR THE WORDS: "RECREATION DEPARTMENT"; FURTHER PROVIDING THAT ALL REFERENCES TO THE LEISURE SERVICES DEPARTMENT APPEAR- ING IN THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OTHER THAN THOSE REFERENCES DESCRIBED IN SECTION 1 HEREOF, SHALL BE DELETED THEREFROM AND THE LEISURE SERVICES DEPARTMENT SHALL HEREIN- AFTER BE REFERRED TO AS THE RECREATION DEPARTMENT WHEREVER ANY REFERENCE TO THE LEISURE SERVICES DEPARTMENT SHALL APPEAR IN SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND DISPENSING WITH THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MtMBERS OF THE COMMISSION. Was introduced by Commissioner Plummer and seconded by Commissioner Perez, for adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Perez, adopted said ordinance by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo - Mayor Maurice A. Ferre NOES: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9369. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and copies were available to the public. NOTE FOR THE RECORD: AGENDA ITEM 23 WAS WITHDRAWN. 58. APPROVE EFFORTS OF FLORIDA LEAGUE TO CITIES - 1C INCREASE IN SALES TAX - TAN RELIEF rCR THE PEOPLE OF FLORIDA. Mayor rerre: item No. zI. Kesolution for tax re le or e people — of Florida. Plummer do you want to support your brother? Mr. Plummer: Sir, I would be happy to move this item. Mayor Ferre: Plummer moves, Perez seconds. Further discussion. Cali the roll. The following resolution was introduced by Commissioner Plummer , who moved its adoption: RESOLUTION NO. 82-46 A RESOLUTION OF THE CITY COMMISSION OF THE CITE' OF MIAMI APPROVING THE EFFORTS OF THE FLORIDA LEAGUE OF CITIES TO SECURE PROPERTY TAX RELIEF FOR THE PEOPLE OF FLORIDA AND AN ALTERNATE GROnING SOURCE OF REVENUE FOR LOCAL GOVERNMENTS THROUGH A 1C STATEWIDE INCREASE IN THE SALES TAX AND URGING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION EMBODYING THE PROPERTY TAX RELIEF AND LOCAL GOVER-NMENT ASSISTANCE 156 0 C, PROGRAM OF THE FLORIDA LEAGUE OF CITIES; FURTHER DIRECTING THE CITY CLERK TO FORWARD COPIES OF THIS RESOLUTION TO THE INDIVIDUALS NAMED HEREIN. (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 A 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: Mayor Ferre: I vote with it, but I want to say it is not worth the paper it is written on. Mr. Plummer: Well, Mr. Mayor, I hope that the Clerk will immediately forward a copy of this to all of the Dade Delegation. Mayor Ferre: And they will put it with the rest of the resolutions they get from all of the cities in Florida, which is in the waste paper basket. ' E 59. APPROVING TERMINATION OF i1EIGHBORH00D ECONOMIC DEVELOPMENT PROGRA11 SBID-WYPIWOCD. Mayor Ferre: Agenda Item 21. Who wants to move it? Dawkins moves, Plummer seconds. Further discussion on Item 31, Wynwood? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 82-47 A RESOLUTION APPROVING AND CONFIRMING THE TERMINATION OF THE NEIGHBORHOOD ECONOMIC DEVELOPMENT PROGRAM AGREEMENT BETWEEN THE CITY OF MIAMI AND SMALL BUSINESS OPPORTUNITY CENTER, INC. (SBOC- WYNWOOD), SAID TERMINATION BEING EFFECTIVE JANUARY 14, 1982; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR THE PURPOSE OF CONTINUING A NEIGHBORHOOD ECONOMIC DEVELOP- MENT PROGRAM IN THE WYNWOOD CD TARGET AREA WITH AN ORGANIZATION BASED IN THE WYNWOOD CD TARGET AREA PROPER USING THE REMAINDER OF UNENCUMBERED FUNDS PREVIOUSLY ALLOCATED TO SBOC-WYN-WOOD, FOR THE PERIOD COMMENCING JANUARY 15, 1982 TO JUNE 30, 19B2, IN AN AMOUNT NOT EXCEEDING $50,000. (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 J Mayor Mauric NOES: None ■ 60. ♦ "► EXECUTE RETROACTIVE AGREEMEI?T : ECONOMIC PLAi111ING ACTIVITIES RENDERED BY THE PLANNING DEPARTMENT AND THE TRADE & COMMERCE DEPARTMENT. Mayor Ferre: Agenda Item 33. Plummer moves, Carollo seconds. Further discussion? Call the roll on 33. The following resolution was introduced by Commissioner Plummer , who moved its adoption: RESOLUTION NO. 82-48 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RETROACTIVE AGREEMENT, SUBSTANTIALLY IN THE FORM OF THE ATTACHED AMENDMENT NO. 3 AMENDING THE EXISTING AGREEMENT BETWEEN METROPOLITAN DADE COUNTY AND THE CITY OF MIAMI FOR ECONOMIC PLANNING ACTIVITIES TO BE RENDERED BY THE DEPARTMENTS OF PLANNING AND TRADE AND COMMERCE — DEVELOPMENT; BY EXTENDING THE TIME OF PERFORMANCE TO DECEMBER 31, 1981; BY INCREASING THE AGREEMENT AMOUNT TO $191,630 PLUS A 34.1 PERCENT LOCAL MATCH; IN ORDER TO ACCEPT AIN AWARD OF FUNDS FROM AN ECONOMIC DEVELOPMENT ADMINISTRATION 302 PLANNING GRai:T THROUGH METROPOLITAN DADE COUNTY FOR THE PURPOSE OF ESTABLISHING AN ECONO- MIC DEVELOPMENT PLANNING AND IMPLEMENTING CAPACITY; FURTHER DIRECT- ING THE CITY CLERK TO IMMEDIATELY FORWARD A COPY OF THIS RESOLUTION TO THE COUNTY CLERK. (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 NOTE FOR THE RECORD: AGENDA ITEM 45 PREVIOUSLY PASSED AT THIS MEETING WAS RESCINDED BY THE COMMISSION AT THIS TIME. 61. ACCEPT BID: AUDIO INTELLIGENCE DEVICE. Mr. Carollo: Item 42, so that we don't run into all types of legal problems later on, I have no problems approving this. I met with the Chief and we agreed to approve.. Mayor Ferre: What is your motion? Mr. Carollo: The only problem that I have is that the company that is under the resolution is not named Audio Investigative Devices, Inc. That is a different company. The name of the company that we are buying this equipment from is Audio Intelligence Devices, no Inc. Mayor Ferre: Alright, do you want to defer it? Mr. Carollo: I will vote on it now, but I just want to make sure that we vote for the right company. They have geen making this constant mistake for quite a while. Mayor Ferre: It has been moved and seconded with the correction as.. Mr. Carollo: The correction is Audio Intelligence Devices, not Audio Investigative Deg -ices, Inc. 158 s Mayor Ferre: Call the roll on 42. The following resolution was introduced by Commissioner Carollo , who moved its adoption: 7— RESOLUTION NO. 82-49 _ A RESOLUTION WAIVING THE REQUIREMENT FOR FORMAL SEALED BIDS FOR FURNISHING ONE PORTABLE INTELLIGENCE RECEIVER AND COMPATIBLE ACCESSORIES FOR THE DEPARTMENT OF POLICE: AUTHORIZING THE PURCHASE FROM AUDIO INTELLIGENCE DEVICES, THE ONLY KNOWN SUPPLIER: AT A TOTAL COST OF $10,233.00; ALLOCATING FUNDS FROM THE 1980-81 CAPITAL EQUIP- MENT BUDGET OF THE DEPARTMENT OF POLICE; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in' the Office of the City Clerk). Upon being seconded by Commissioner 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 s 62. GRANT USE OF COFZIISSION CHAMBERS FOR A CEREMOi Y - JOSE MARRTI. Mayor Ferre: On the Jose Marti matter, which I think Joe, you may want to vote on before you leave, that Item No. "N", discussion on use of Commission Chambers for ceremony recognizing ,Jose Marti. Alright, moved by Perez, seconded by Carollo. Call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 82-50 A MOTION GRANTING A REQUEST MADE FOR USE OF THE CITY COMMISSION CHAMBERS FOR A CEREMONY IN RECOGNITION OF JOSE MARTI. 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. 63. GRANT 41AIVEF OF USE FEE FOR LITTLE HAVAVA COIrL"1UNITY CENTER ELECTIONS FOR OFFICERS OF CUBAN MUNICIPALITIES IN EXILE. Mayor Ferre: General Marina is here and he wanted waiver on the same thing. Explain it for them - municipalities in exile. Quickly, General. Mr. Marina: My name is Evaristo Maeina, I am the Chairman of Little Havana. Last year the Cuban municipality held the election of all the municipalities together. 159 1982 � Mayor Ferre: Loo'-)it sponsors the democratic prc As in the Cuban community. It is something veLy important to us. It is a contribution that I think we are _ making towards the democratic process in Little Havana. It has been moved and seconded. Further discussion? Call the roll. Id The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 82-51 A MOTION OF THE CITY COMMISSION WAVING USE FEE FOR USE OF THE LITTLE HAVANA COMMUNITY CENTER IN ORDER TO HOLD THE DIFFERENT ELECTIONS FOR THE OFFICERS OF ALL THE CUBAN MUNICIPALITIES IN EXILE. 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. 64. APPROVE REQUEST BY "ACTION" FOR $12 , 560 FOR ::ATCHING GP.A;:T FROM FEDERAL GOVERIJMENT IN ORDER THAT THEY CAN CONTINUE TO OPERATE THEIR 4 VANS. Mr. Carollo: Last but not least, I would like to bring up the request by Action Community Center Inc. I move we approve the request. Mayor Ferre: Is there a second? Further discussion. Call the roll on request by Action. The fcllowing motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 82-52 A MOTION OF THE CITY COMMISSION GRANTING A REQUEST MADE BY ACTION COMMUNITY CENTER, INC. FOR $12,560 AS MATCHING FUNDS (TO — MATCH A GRANT OF SAME AMOUNT RECEIVED FROM THE FEDERAL GOVERNMENT) IN ORDER THAT THEY MAY KEEP OPERATING 4 VANS WHICH ARE USED BY THEM ■ IN THEIR PROGRAM. 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. 35. FOKMALIZING RESOLUTION: ST. PATRICKS DAY FAR4DE. Mayor Ferre: Moved by Plummer; seconded by Carollo. Further discussion Call the roll. 160 r�1 �I The following resolution was introduced by Commissioner Plummer , who moved its adoption: RESOLUTION NO. 82-53 A RESOLUTION AMENDING SECTION 1 OF RESOLUTION NO. 81-1040, ADOPTED DECEMBER 10, 1981, WHICH AUTHORIZED DISBURSEMENT OF $130,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, QUALITY OF LIFE FUND -CITY WIDE EVENTS AND COMMUNITY FESTIVALS TO CERTAIN LOCAL COMMUNITY ARTS ORGANIZATIONS BY INCREASING THE LOCAL DISBURSEMENT FOR THE ST. PATRICK'S DAY PARADE FROM $9,000 TO $15,000. (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 66. ADJUST SALARY OF CITY CLERK, ASSISTANT CITY CLERK AND PROVIDE FOR 2% COST OF LIVING INCREASE FOR CITY CLERK AND CITY ATTORNEY. Mayor Ferre: Then we have the City Clerk & the City Attorney to receive a 2% cost -of -living salary increase which is due April, 1982. Moved by Carollo, seconded by Plummer. Further discussion. Call the roll. The following resolution was introduced by Commissioner Carollo , who moved its adoption: RESOLUTION NO. 82-54 A RESOLUTION ESTABLISHING THE SALARY OF THE CITY CLERK AND THE ASSISTANT CITY CLERK: FURTHER AUTHORIZING THE CITY CLERK AND THE CITY ATTORNEY TO RECEIVE THE 2% COST OF LIVING SALARY INCREASE WHICH IS DUE APRIL 1982. (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 67. WAIVE COMPETITIVE BIDDING: CONTINUA4CE OF SYSTEMATIC NAINTENAYCE & EMERGENCY SERVUCES - INTEGRATED PROTECTION SYSTEM AT CITY POLICE STATION. Mayor Ferre: Take up 43. Moved by Dawkins; second by Perez. Further dis- cussion? Mr. Plummer: It is a ripoff. Mayor Ferre: Call the roll. The following resolution was introduced by Commissioner Dawkins , who moved its adoption: RESOLUTION NO. 82-55 A RESOL>TION WAIVING COMPETITIVE BIDDING FOR THE CONTINUATION OF SYSTEMATIC MAINTENANCE AND EMERGENCY SERVICES FOR THE EXISTING INTEGRATED PROTECTION SYSTEM AT THE CITY OF MIAMI POLICE STATION AND FACILITIES AND AUTHORIZING THE CITY ;'TANAGER TO INSTRUCT THE PURCHASING AGENT TO ISSUE A PURCHASE ORDER TO CONTINUE SUCH SER- VICE TO WACKENHUT ELECTRONIC SYSTEMS CORPORATION IN THE AMOUNT OF $13,200.00 FOR ONE YEAR AND ALLOCATING FUNDS THEREFOR FROM THE 1982-82 BUDGET OF THE DEPARTMENT OF POLICE. (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-Mavor Joe Carollo Mayor Maurice A. Ferre NOES: None L 1,'AI%'Z COMPETITIVE BIDDING: t:NI;ITEIIANCZ OF POLICE CO:TUTEI? SY STE:iS . Mayor Ferre: Take up 44. Dawkins moves. Perez seconds. Further discussion. Call the roll. The following, resolution was introduced by Commissioner Dawkins , who moved its adoption: RESOLUTION NO. 82-56 A RESOLUTION WAIVING THE REQUIREMENT OF FORMAL SEALED BIDS FOR MAINTENANCE OF THE POLICE COMPUTER SYSTEMS; ACCEPTING THE BID FROM DIGITAI. EQUIPMENT CORPORATION ON A CONTRACT BASIS FOR 3 YEARS; AT A TOTAL FIRST YEAR COST OF $152,328.00; ALLOCATING FUNDS THEREFOR FROM THE 1982-82 OPERATING BUDGET OF Trill DEPARTMENT OF COMPUTERS AND COMMUNICATIONS; AUTHORIZING THE CITY MANAGER AN7D THE PURCHASING AGENT TO ISSUE A PURCHASE ORDER FOR THIS SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clem:). Upon being seconded by Commissioner Perez, the resolution was passed and ad(,;,ted by the following vote: 162 AYES: Commissioner MA J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None • 69. MOTION TO RENAME MkIOR PARK - "CHARLIE HADLEY PARK". Mayor Ferre: ,Now, as you know, Charlie Hadley is somewhat ill and he had a kind of a setback -today and you know that Charlie has always been very, very active during Thanksgiving in giving turkeys out at Manor Park, and the Easter Egg hunt. But Manor Park has always been kind of Charlie Hadley. Now, I don't know who Mr. Manor was, if anybody, and I don't think it means a heck of a lot, and I don't think there will be too many people upset, and I think it will be awfully nice if we could rename that park for Charlie Hadley Park. I can't think of a better.... Mr. Dawkins: The only problem that I have is that I live across the street and I wouldn't want to look up and see his name every day. Mr. Gary: He is kidding. Mr. Dawkins: I agree Mr. Mayor. I think it is a fitting tribute to him. Mayor Ferre: Dawkins moves, Perez seconds. Further discussion? Call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 82-57 A MOTION OF THE CITY COMMISSION RENAMING "MANOR PARK" AS FOLLOWS "THE CHARLIE H.ADLEY PARK". 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. AT TAT t "VT IMT.T There being no further business to come before the City Commission, on motion duly made and seconded, the meeting was adjourned at 9:10 P.M. ATTEST: RALPH G. ONGIE City Clerk MATTY HIRAI Assistant City Clerk 163 MAURICE A. FERRE Mayor I'VY OF IVL�lAI�1 '�I ITEM NO 1 2 3 4 E 11 7 z 10 11 12 13 14 DOCUMENT IDENTIFICATION AUTHORIZING PAYMENT OF $200,000 TO LAW FIRM OF FLOYD PEARSON, STEWART, RICHMAN, GREER AND WEIL, P.A. AND $5Q,000 TO WILLIAM S. FRATES, ESQ. FOR LEGAL SERVICE INRE ACQUISITION OF THE FLORIDA EAST COAST RAILWAYS CO.PROPERTY NOTICE PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPTANCY- CONSTRUCTION BY F.J. SILLER AND CO. OF LYNDALE SANITARY SEWER IMPROVEMENT DISTRICT SR-5462-S AUTHORIZING INCREASE IN CONTRACT AMOUNT NOT TO EXCEED $7,000 BETWEEN CITY OF MIAMI AND P.N.M. CORPORATION FOR THE COMPLETION OF RIVERSIDE PARK COMPLETED WORK OF D.M.P. CORPORATION FOR THE SOLID WASTE FACILITY AT A COST OF $340,494.75 WASTE COLLECTION LICENSES TO GENERAL HAULING SERVICES, INC., INDUSTRIAL WASTE SERVICE,INC., MADELU WASTE SERVICE AND RAFAEL AND ROBERTO TRASH SERVICE, ETC. PAYMENT OF $31,551.36 TO BROWN, WOOD, IVEY, MITCHELL & PETTY FOR LEGAL SERVICES AMENDING RESOLUTION #81-197-LEGAL SERVICES LAW FIRM OF STEEL, HECTOR AND DAVIS INRE JAMES L, KNIGHT INTERNATIONAL CENTER CONTRACT BETWEEN STATE OF FLORIDA DEPT. OF VETERAN AND COMMUNITY AFFAIRS AND CITY OF MIAMI FOR THE AMOUNT OF $20,000.00 It TWO DAY CONCESSION AGREEMENT FOR ST. PATRICK'S DAY PARADE COMMITTEE, INC. , CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF GARDEN HIGHWAY IMPROVEMENT IN GARDEN HIGHWAY IMPROVEMENT DISTRICT,H-4374 SELECTION EDMOND T. HENRY III AS REPRESENTATIVE ON THE MIAMI DADE LIBRARY ADVISORY BOARD RESOLUTION IN CONNECTION WITH THE COCONUT GROVE ARTS FESTIVAL ON FEBRUARY 19 THRU 21, 1982. CLOSING CERTAIN STREETS. AGREEMENT WITH THE HAITIAN AMERICAN COMMUNITY ASSOCIATION OF DADE INC. FOR SOCIAL -SERVICES PROGRAM. AMENDMENT #2 TO LEASE AGREEMENT BETWEEN CITY OF MIAMI AND THE CORAL REEF YACHT CLUB MEETING DATE: January 14, 1982 COMMISSION RETRIEVAL. ecTTON cenE Ne. R-82-3 R-82-7 R-82-8 R-82-9 R-82-10 R-82-11 R-82-12 R-82-13 R-82-14 R-82-19 R-82-22 R-82-26 R-82-29 R-82-31 82-3 82-7 82-8 82-9 82-10 82-11 82-12 82-13 82-14 82-19 82-22 ' 82-26 82-29 82-31 15 APPOINTING RALPH T. GISBERT AS MEMBER TO THE CIVIL R-82-35 82-35 SERVICE BOARD OF THE OITY OF MIAMI, FLORIDA. CONTI_NUED____ PAGE # 2 ITEM NOJ DOCUMENT IDENTIFICATION C ArYTnAI rnimr tin 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ACCEPTING BID PROPOSAL OF BARNETT BANK AND TRUST COM FOR PROPOSED SALE OF PARKING GARAGE REVENUE BONDS IN THE AMOUNT OF $12,000,000,00 AUTHORIZING INCREASE CONTRACT BETWEEN CITY OF MIAMI AND EVENSON DODGE INC. FOR PROVIDING HOUSING FINANCIAL ADVISORY SERVICES ACCEPT BID OF MARION EDWARDS AUTO PAINT SUPPLY INC. FOR FURNISHING AUTOMOTIVE DRIVE TO THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE ACCEPTING BIDS FOR FURNISHING AUTOMOTIVE EQUIPMENT TO DEPT. OF BUILDING AND VEHICLE MAINTENANCE TO FRIENDLY FORD, INC., MAX GROSSO CHRYSLER PLYMOUTH, INC., REGENCY DODGE, ETC. ACCEPTING BID OF DIETCRAFT, INC. FOR FURNISHING MEALS AT $ CITY DAY CARE CENTERS AT A TOTAL ESTIMATE COST OF $64,073.00 AMENDMENT TO THE AGREEMENT BETWEEN CITY AND ROBERT M. WEBSTER AS A FIRE COMPUTER SYSTEMS AND RECORDS CONSULTANT. ACCEPT BID OF THOMAS W. RUFF AND CO. FOR FURNISHING OFFICE FURNITURE TO THE DEPARTMENT OF FINANCE. ACCEPT BID-J & G ASSOCIATES INC. INRE FINANCE OFFICE RENOVATIONS FOR CITY HALL ACCEPT BID-ROENCA CORPORATION FOR KIRKLAND SANITARY SEWER IMPROVEMENT ACCEPT BID -MET CONSTRUCTION,INC. FOR AFRICAN SQUARE RECREATION BUILDING. APPROVING THE EFFORTS OF THE FLORIDA LEAGUE OF CITIES TO SECURE PROPERTY TAX RELIEF FOR THE PEOPLE OF FLORIDA. CONFIRMING THE TERMINATION OF THE NEIGHBORHOOD ECONOMIC DEVELOPMENT PROGRAM AGREEMENT WITH SMALL BUSINESS OPPORTUNITY CENTER INC.-WYNWOOD RETROACTIVE AGREEMENT BETWEEN CITY OF MIAMI AND METROPOLITAN DADE COUNTY FOR ECONOMIC PLANNING ACTIVITIES BID FOR PORTABLE INTELLIGENCE RECEIVER FOR THE DEPARTMENT OF POLICE DISBURSEMENT OF $130,000 TO CERTAIN LOCAL COMMUNITY ARTS ORGANIZATIONS R-82-36 R-82-37 R-82-38 R-82-39 R-82-40 R-82-41 R-82-42 R-82-43 R-82-44 R-82-45 R-82-46 R-82-47 R-82-48 R-82-49 R-82-53 82-36 82-37 82-38 82-39 82-40 82-41 82-42 82-43 82-44 82-45 82-46 82-47 82-48 82-49 82-53 Doc-UMENTINDE CONT ITEM NO, I DOCUMENT IDENTIFICATION - 4 ' `' x� III u ro u PAGE # 3 31 ESTABLISHING THE SALARY OF THE CITY CLERK AND THE ASSISTANT CITY CLERK; FURTHER AUTHORIZING THE CITY CLERK AND THE CITY ATTORNEY TO RECEIVING THE 2% COST OF LIVING SALARY INCREASE' R-82-54 82-54 32 WAIVING BIDDING FOR THE CONTINUATION OF SYSTEMATIC MAINTENANCE AND EMERGENCY SERVICES FOR THE POLICE STATION AND FACILITIES-14ACKENHUT ELECTRONIC SYSTEMS CORPORATION. R-82-55 82-55 33 BIDS FOR MAINTENANCE OF THE POLICE COMPUTER SYSTEMS R-82-56 82-56