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HomeMy WebLinkAboutCC 1981-05-15 MinutesMINUTES May 15, 1981 OF MEETING HELD ON (REGULAR) PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL RALPH G.. ONGIE CITY CLERK M NO. 3 N INEEK Cl;'SLVIMIO�iFNA F, &DA SSJECT (MAY 15,1981) 'e"A I ', i F i F., FOR FLORIDA STATE PLAYERS THEATER -USE OF EXHIBITION CENTER FOR 11TH ANNUAL kl A i- L C'u';TACI BETWEEN CABLE T.V. APPLICANTS AND ANY C! 1Y it'."Al. (APPOINTED OR ELECTED), UNTIL LICENSE F; 1P I DA l,i:(; 1 SLAT t'RE TO ENACT AN ADDITIONAL ONE i-: '1AX TO ALLE'VIATL SOCIAL PROBLEMS IN URBAN RO,TECT (`TH TEAR C.D. BLOCK GRANT '1';"Al- HEALTI-1 SERVICES IN COCONUT 7 I.A ,RI DA S!:CVIZ1TY A(;!-.'NCY (SECURITY GUARD -TER) 1 171F HAVANA CO'TIUNITY CEN A C-li-11, MIANAGER 710 CONTRACT WITH SASAKI 1 FR PLAN/DESIGN CONCEPT OF LITTLE 1':Y CENTER ' )1" COUNlY THE "DOWNTOWN MIAMI :�IISIPICT PROPOSAL FOR ADDITIONAL POLICE FUTURE ESTABLISHMENT OF THE DISTRICT C()LLECI ION LICENSE TO: ALL FLORIDA I NU. , 1, t. J WASTE SERVICE, INC. AND R'R,-jTti WASTE SERVICE is;iE A( KEEMENT WITH NEW WORLD MARINAS, INC. 'F.-A I I oN AND MANAGEMENT OF M I AMAR I NA fi.A�­� CON-FRACT) EXPENDITURE OF $90,000 FOR DEVELOPMENT OF ISLAND MARINA PLUS MARINE -RELATED FACILITIES- (Pki!,IXINARY DESIGN AND ENGINEERING SERVICES) MORKIS KAUFMANN AS CHAIRMAN OF COMPETITIVE SF'1.F(,1'ION C.0'.LMITTEE FOR CONTRACTING PROFESSIONAL Ak(:111','F(:'ll'Ri%l.-FNGINEERING SERVICES (DINNER KEY MARINA [-XPAN'SION PROIECT) A(A+.P1 �l Q,955 FROM U.S. DEPARTMENT OF AGRICULTURE Fifl\ "�J'X'-IER FOOD SERVICE PROGRAM FOR CHILDREN" ACCLPI (,kANT AWARD: $315,054 FROM STATE DEPARTMENT OF AND REHABILITATION SERVICES FOR "ENTRANT i-imo:[-' I1R0(;RAM-LITTLE HAVANA" 1+-A5i- AGREEMENT BETWEEN CITY AND METRO C-'I.,TY-O)ILINTY WILL USE CITY PROPERTY FOR MOBILE MOTOR POOL UNTIL PROPERTY IS REQUIRED OF DOWNTOWN GOVERNMENT CENTER :ACIIIATIES 1-ajif.;1,1%-I() LEASE AGREEMENT WITH SR MANAGEMENT, INC.- LEASE FOR 12TH FLOOR AT 150 S.E. 2 AVENUE rI NMCE C� PAGE NO, sourrio,N No. M-81-389 1-2 R-81-390 2 R-81 —391 3 R-81 —392 4 R-81-393 5 R-81-394 6 R-81 —395 7 R-81-396 8 R-81-397 9 R-81-398 10 R-81— 399 R-81-400 R-81-401 R-81-402 R-81-403 1 13 14 15 IN •f�j i lISSIOi� iIA'� CIiI, &DA (MAY 15, 1981 } 16 .; F ;: S I O;;AI. SERVICES AGREEMENT WITH .. ... CAPIIAI., 1":(,'., FOR PENSION 6 A [C: N BANE'-I::�":hlNr SERVICES FOR f t WITH M:l•TROI101.ITAN' DADF. COl'NTY [Ki'C'rION OF A STORI`] SEWER E A: I):,TI' Cc)::S"1"KI',:Tic_)N OF `ETRO' S r MODIFICATIONS Ti i Ai'"! 10,' COMX17 CITY CENTER, IhC . 1N(; I:Xi . i I'N(; AGREEMENT WITH . f';- :' 'tii : t t_.'•'.'•i`':.i'i'i i%LVLL(1P�ILNT LS !h SHING CO�1PliTER Cl :,R I:AC: BASIS - . i i.i• :1:";; Ck)�' CATIONS) FOR FURNISHING "i o DEPARTMENT OF CO:IPUTERS ti I ;::Al., INC. (AUTONfATIC DIRECT EQUIPMENT) DEPARTMENT OF { ICAT IONS Gi.ASS AND RADIATOR COMPANY SERVICES DEPARTMENT OF BUILDING _. "AINTi:rANCE I. RoM: VAR IoU S VENDORS €€€ i-i; ,:? VAK10t'S VE"ODORS-HEAVY EQUIPMENT i:i'Ai<i:'•1[:"! OF BUILDING AND VEII:^LE r !.l ';I: D.KILLING FOR ONE 12-INCH IRRIGATION .,Pidt:GS GOLF COURSE) � I : DIA,KA TURF AND INDUSTRIAL EQUIPEMENT ioK ONI" SOIL. SCREENER FOR THE DEPARTMENT r ­1 CASCADF TIMBER COMPANY FOR c i i'iII:NI' (ROY,ER'T E . LEE PARK) ii A, i.i i I.1;,: i'kl CuUNTY FENCE COMPANY FOR GALVANIZED ,; .. YFINCING (FERN ISLE NURSERY) t'RE CONSTRUCTION COMPANY, INC. 23 STREET CD PAVING PROJECT- (J) SANITARY SFWER MODIFICATION PAGI: il2 r1 NANCE Otj soTu1I DN h0, PAGE N0. R-81-404 16 DISCI'SSION 17-19 R-81-405 19 R-81-40h 20 IC-81-407 21 R-81-408 21 R-8I-•409 22 R-81-410 23 R-81-411 24 R-81-412 25 R-81-413 26 R-81-414 27 R-81-415 28 R-81-416 29 R-81-417 30 R-81-418 31 R-81-419 32 MY i6 39 41) It�X I a" �D�p Nr ccy. ; SI r��vdAiM.F IDA SLUCT (i`vaY 15, 1981 ) 14TECKING CORPORATION (DEMOLITION ;}.,'C:I;RE-SHERMAN HOTEL) 1NC, GUIDELINES FOR CITY OF MIAMI :)V I SOKY COM1MITT'EE, ETC. ` %RII: ADFER TO THE CI'I)' OF III IA.MI T'Iif: STATUS OF WOMEN NDA OF PUBLIC HE,'RING _ llk,N ' NTH CORAL SANTTARY SETTER IMPROVEMENT f 1 i.::.l.i) WORK BY .TIDE 'PEINERSTON F.QUIP'IIENT j Chia'"; iIRAlNAC;F. PROJECT E-4`i WOilK :1F 1ARTLETT CONSTRUCTION,INC. PfiASF: I i—FtI(-tiDATI( N WOKK 53-151 t'RUCFDURF.S AN!, USE -CHARGES AT Rll'- jD Cl)CO-1-T GRIEVE EXHIBITION 1 KLADING 0KDINA.NCE: AMEND SECTION tti)i: i5�' INCREASING A°fi)L'tiT CHARGED FOR 4 --Y �tI NI SWI1 2,111;G POOLS; ESTABLISH PASS Si-.(:OND READING ORDINANCE: AMEND SECTION 1 b 1 ci (Sl'"LMARY GRANT APPROPRIATIONS) l );i N11A; TiN'USI Al;D AGENCY FUND: t i)i;t SI:i,VICE PROGRAM FOR CHILDREN 1981" M ORDINANCE: AMEND SECTION 1 9199 (CAPITAL IMPROVEMENTS RCHASE OF EQUIPINT FOR C1TY- "-A. (ASPRAT.i ROLLER, SURVEY EQUIPMENT, ETC.) R}:%DING ORDINANCE: AMEND SECTION T NO. 8719-INCREASE APPROPRIATION FOR -�.T'ANISit HERITAGE PROGRAM TRUST AND AGENCY 1:15,000 TO $15,600) 4� ✓ !.1 }I TRCS'i QNl) AGENCY FUND: "CABLE TELEVISION" :'%POROPRIATING $25,000,ETC. 43 ; ;'Y KFSIDEI,,I'S TO COMPLY WITH PROVISIONS OF l;l;)1:;A:;CF, 91-54 CURTAILING NON -ESSENTIAL USE ;• i i1 }; i ": ; 1�ECI,ARI:D WA"II?R SHORTAGE EMERGENCY "'X;AGER TO REVIEW AND REPORT ON } Xi .1' 1 t,t, (,EK'i l FICATES OF PUBLIC CONVENIENCE AND F.;ti i I'Y FOR TAXICABS KV IOVS NEGOTIATIONS WITH SEAESCAPE OF IN ('ONNECTION WITH LEASE AND OPERATION OF iI. "A" IN THE MIAMI MARINE STADIUM DUE TO A )} INTEREST FINDING BY CITY ATTORNEY FADE 3 ppRD�1 NMCE O� RFsoLuTioti No, I PAT N0, R-81-420 81-4 21 R-81-422 R-81-423 R-81-424 R-8+1-425 FIRST READING ORD. 9263 ORD. 9264 ORD. 9265 ORD. 9266 ORD. 9267 DISCUSSION 33 34 34 35 36 36 36 36 37-39 1 40 I "I 42 44 45 R-81-426 1 46 R-81-427 48-56 40 40 47 Ifs( A'Nl"jMCffM'F*&DA Ki t;t.'I.AR ) .xMU AY 15, 1981) I'•RIi;I Di`'CCSSiO'N ITEMS: lQSCAYtiE: UNETHICAL SALE OF TICKETS is %iEk" UNLIMITED REGATTA FROM THEIR PROPERTY (i)) �Toit,AGE OF BOATS IMPOUNDED BY POLICE DEPARTT�E (t.) 1 Cti WIDE COVERAGE OF UNLIMITED REGATTA r1,R I F I CAT ION BY CITY ATTORNEY REGARDING "I" 11NDING, OF CONFLICT OF INTEREST ON THE PART INC. INTRODUCE'S NEW MEMBERS OF HIS STAFF Cl?klAIN INDIVIDUALS TO BUDGET REVIEW it;r.I I-)IVIDUALS TO MIA"II WATERFRONT ( I'i:1'It1\ WITH "i'HE CITY OF ?SIA.'ll'c O'r A KFPRFSENTATIVE TO THE DADS 1' SPORTS All HORITY 10 CITY MANAGER I'Ri?C1.«MATI0NS AND SPECIAL ITEMS r;t I.LTED WORK-S.W. 22nd STREET 1'?1'ki)V'E:IE::1 -PHASE III-11-4418 ,'-5SI15i.0 SLATE ACQUISITION OF CITY -OWNED LAND FO' itOSPITAL-CHANCE ZONING CLASSIFICATION 0 I'r:OPOSEI) SITE ""I" IC HEARING -HOUSING EMERGENCY -RENT CONTROL :`I;ttPt)SI:D LOW TNCO?fl: HOUSING IN FLAGAMI AND '.:f.NNANDOAH PARK AREAS. DIRECT ADMINISTRATION -"01 TO PURSUE SUCH DEVELOPMENTS iiI ION <<1) I.':('R1.�151: POLICE PROTECTION IN EDISON LITTLE :IV'F.I( ARIA (b) PROPOSED REINSTATEMENT OF SCHOOL RESOURCE nI'FI(:F:R PROGRAM IN INNER-CITY SCHOOLS FEDERAL GOVERNMENT TO ACQUIRE NECESSARY LAN 'It) EXPAND BOUNDARIES OF BISCAYNE NATIONAL l ,': l' ME:NT THO:IA5 WASHINGTON TO "MINORITY BUSINESS M'.. iFUk PROGRAM" Pi.gl ! :;7 F1'NDINC FoR LATIN CHAMBER OF COMMERCE t:!,'ANT REQUEST OF FUNDS IN CONNECTION WITH GOOMBA' 1'1 : ;'IV11. PACE #4 QRDINANCE 10.PAGE N0, SOLTION DISCUSSION 1 DISCUSSION PRESENTATION is-81-4 28 R-81-429 R-81-4 30 M-81-431 DISCUSSION DISCUSSION R-81-433 M-81-435 DISCUSSION M-81-4 3b DISCUSSIONI R-81-4 37 DISCUSSION DISCUSSION M-81-4 38 57-58 59 59 60 61 63-72 73 73 75 76 77-88 89-104 104 -113 113-115 115-116 116-117 118-122 122-123 ......ems, 62 63 64 65 66 67 68 69 70 71 72 73 74 7,) 76 71 78 Im CITY'Qi SS1C�OF MIFlARII14 (REGULAR) SLUCT (MAY 15, 1981) GRANT REQUEST FOR CONTINUED TEMPORARY FUNDING OF N.E.D.A. MIAIMI CHAPTER GRANT REQUEST MADE BY NEW WASHINGTON HEIGHTS FOR CONTINUED FUNDING, FOR ONE MORE MONTH DISCUSSION BY MR. RALPH AARON OF VIOLENT CRIME AGAINST HIS DAUGHTER AND ALLEGED POLICE UNRESPONSIVENESS DSICUSSION IN CONNECTION WITH: (A) INVESTIGATION CONDUCTED ON COMMISSIONER CAROL' (B) ALLEGED KN OVLEDGE, ON THE PART OF CERTAIN COMMISSIONERS, THAT SUCH AN INVESTIGATION WAS GOING ON. DISCUSSION OF PROPOSED BICYCLE LANES ALONG TIGERTAII. AVENUE APPROVE PROPOSED STREET LIGHT CONVERSION FROM MERCURY VAPOR TO HIGH PRESSURE SODIUM VAPOR LIGHT (N.E. 17 TO N.E. 24; N.E. 2 AVE. TO BISCAYNE BAY) MODIFY HIRING FREE7.E iTO PERMIT HIRING OF CERTAIN POSITIONS AS FOLLOWS: 1) DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE-10 POSITIONS; 2) DEPARTMENT OF STADIUMS AND MARINAS - 2 POSITIO DISCUSSION OF FEC PROPERTY DISPOSITION ORDINANCE FIRST AND SECOND READING: AMEND SECTION 35-33 OF CODE -DAILY CHANGES FOR STORAGE AT CITY AUTO POUND OF STOLEN VEHICLES AUTHORIZE THE CITY MANAGER TO NEGOTIATE 1;ITH STATE OF FLORIDA FOR ACQUISITION OF CITY - OWNED LAND (FORMER SEABOARD RAILROAD TERMINAL PROPERTY) FOR PROPOSED FORENSIC HOSPITAL URGE CITY RESIDENTS TO COMPLY WITH COUNTY ORDI14ANCE RESTRICTING USE OF WATER DURING PRESENT SHORTAGE EMERGENCY ITEM NS4, NAMELY: "CREATION OF 5 MEMBER CRIME PREVENTION AND CONTROL SELECT COMMITTEE" IS DEFERRED DISCUSSION OF STATUS REPORT ON POLICE RECRUITMENT PRESENTATION OF A STATUS REPORT ON FY 82 BUDGET REQUEST FROM METRO FOR WAIVER OF $400.00 FEE TO B PAID BY MEMBERS OF THE "NATIONAL ASSOCIATION C.B. OF FLORIDA" GIVEN CERTAIN CONSIDERATIONS CITY COMMISSION REQUESTS OF THE ADMINISTRATION RO SCHEDULE A SEPARATE DAY FOR THE PLANNING AND ZONING AGENDA STATEMENT OF POLICY: COMMISSION MEMBERS, WHEN REQUIRED TO TRAVEL ON CITY BUSINESS, ARE TO SUBMI ALL OF THEIR BILLS TO THE ADMINISTRATION FOR IMMEDIATE REIMBURSEMENT PAGE #5 REsorI MNCE OR I amoNit o, I PAGE N0, M-81-4 39 M-81-440 DISCUSSION DISCUSSION DISCUSSION M-81-441 M-81-442 M-81-443 DISCUSSION ORD. 9268 R-81-444 R-81-445 DEFERRED DISCUSSION 1 M-81-446 I DISCUSS M-81-447 161 A IKEX ci4'5 sTicFF IAMI, &DA (REGULAR) &UC7 (MAY 15, 1981) 79 - DIRECT CITY MANAGER TO INVESTIGATE AND REPORT ON AN ALTERNATEL LIFE INSURANCE PLAN BRINGING GREATER EQUITY TO COMMISSIONERS WHILE TRAVELING ON CITY BUSINESS If PAGE #6 I NANCE REDp�OMUT 03o, PAGE NO, DISCUSSION 1 163-164 to M f MITES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA t!n the 1`>t-h day of May, 1981, the City Commission of Miami, ri.i.z, t.et zt its regular meeting place in the City Hall, 3500 Pan .V;i_-z-i,.,in I?rivc:, Miami, Florida in regular session. Tlzc. mec_ting was called to order at 9:10 A.M., by Mayor Ferre with iiri, following members of the Commission found to be present: ConL-nissioner J. L. Plummer, Jr. t'ice-'favor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre "c'.I:til:':T: Commissioner Joe Carollo Cor-,Assioner Armando Lacasa !?.sward C. Gary, City Manager GL-,)rge F. Knox, City Attorney Ralph (7. Ongie, City Clerk Malty Hirai, Assistant City Clerk w.at, delivered by Reverend Gibson who then led those pl.it i;t a p1culge of allegiance to the flag. i,, 7!1r,t ion duly mride and seconded, the minutes of the Regular ca e t ing and the Planning and Zoning Meeting of rc_<< 11', 1981 were approved. FEES FOR FLORIDA STATE PLAYERS THEATER - USE OF COCONUT F.o F E= :HIBITION CENTER FOR llth ANNUAL RUMMAGE SALE Mz-. Plutmner: Mr. Mayor, may be in order for a motion, since I was the the last meeting, we had a request, as you might recall, from ti,.: ))1ayurs State 'Theater to allow them to have their annual, llth .rn.z l Rurunage Sale for the proceeds to go to ... Mr. Mayor, they wc::t with good faith assuming they would do as they had in the past. At,,d then, I find out that they are in concert with Coconut Grove Cares, ar,1 in fact, what they're really doing is piggy -backing on Grove the same day that Coconut Grove Cares, and in full c•rt with them. Mr. Mayor, I would like to move at this time, if I'm in irder, that the fee for the Florida State Players Theater z,� w�_ijvd for this year, and that we can talk next year about a r-ntil fee. But since they've already gone ahead with their advertising ;ins th:• like, and since it is nothing more than a piggy -back, I move ,-it that fee be waived for this year. 1"Crrc" 'There is a motion and there is a second. Further discussion zz .!iv motion as made? Call the roll. MAY 1 51981 6 The following motion was introduced by Commissioner Plummer, who moved its adoption: Mt)i I 'r ti0. 81-389 A MOTION G-' "i'Hi: (1'11`1' C(_i: tI ;SIC•'. GitAN7ING THE REQUEST OF THE FLORIDA S'i-VII: PL:?`iLi<S' THEATER FOR WAIVER OF THE FEE FOR } ,,1: U; 'i'11E COLON T GROVE EXHIBITION CENTER (FOR (`::}: 'ii.:;F (?':i.''" INC(1tiNECTION WITH THE CONDUCT OF HIA LI 1.17 ii A%,"I:AI, RU�ZIAGE SALE Upon being; cc-ircicd t C.c;;:;:,is,i::ner Gibson, the motion was passed and adopted by the `fl of low i iw, AYES: Cn,..nissioner L.. '.'Ju;, .... , Jr. Gibson Mayor *i.Lturice A. Ferre NOES: None ABSENT: Commissioner .lire Carolio Commissioner AI-7„indo Lacasa 2. PROHIBIT CO: T:,i I ?:; ; :::: is .i i.I: T.V. APPL.IC. .TS AND ANY CITY OFFICIAL (:ai'L'CL':;'i=; i; i Li.C;Li , i'NTIL LICENSE HAS BEEN ISSUED M3vor Ferre: Okay. We're now on item number 7. Prohibiting any person acting or. ..this is the thing that... Mr. Plummer: This is ust a resolution of what we passed. I move it, Mr. Mayor. Mayor Ferre: Res, oI.ition. All ril;I:t, i'lummer moves. Gibson seconds. Ttccru 7. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-390 A RESOLUTION PROHIBITING ANY PERSON ACTING IN A REPRESENTATIVL CAPACITY AS PRINCIPAL, AGENT, EMPLOYEE OR SERVANT OF AN"Y FTRM THAT HAS APPLIED FOR A LICENSE TO PROVIDE CABLE CO�DIUNICATION SERVICES FOR THE CITY FROM INITIATING OR MAKING ANY CONTACT WHATEVER WITH ANY ELECTED OR APPOINTED CITY OFFICIAL OR EMPLOYEE CONCERNING CITY CABLE COMMUNICATION SERVICES, WITH SAID PROHIBITION BEING SUBJECT TO CERTAIN EXEMPTIONS; M',Ok'IDING FOR SAID PROHIBITION TO BE NO LONGER IN t;r rL(;i A17ER Till-' CITY CO^fIMISSION HAS ISSUED THE I,TCENSI•: FOR PROVIDING CABLE CO'24U'NICATION SERVICES FOR THE CITY (Here follows body of resolution, omitted here and on file In the Office of the City Clerk). 32 MAY 15 1981 -7 M-1 Irl ion being seconded by Commissioner Gibson, the resolution was ,ind adopted by the following vote: J. L. Plummer, Jr. 'ice -Mayor (Rev.) Theodore R. Gibson tlav r Maurice A. Ferre :" i `, : I"')nC" r, .,r.,issioner Joe Carollo c,;:m;issioner Armando Lacasa .."1 :'L(�RIDA LEGISLATURE TO ENACT AN ADDITIONAL ONE CENT X F0 ALLEVIATE SOCIAL PROBLEMS IN URBAN AREAS r Take up item 9, the one cents sales tax. I don't think ;:iy }problem on that, is there? I don't think there's any problem, everything we read is rsi.il but... :r Well, it's not going to pass, but that's not the point. liu,v e that decision. liut Mr. 'Mayor, I don't think we need to be in the we aren't supportive and cooperative. r 'Ihe Chamber of Commerce has endorsed this, the Governor it, the Metropolitan Commission has endorsed it, all i :—,w,papc_rs have editorialized for it, and I think it's something that morally we should be with the rest of the community on this. il).,on: Right. �... Do you have any problem with that, J. L.? 1 have no problem, Mr. Mayor. My fear is always the that fear is that if it is passed that it does get fur the need. And that's always a fear but without it you'll :•..'r know. ;- I'c-Crv: There's a motion ... who moves 9? I i ., ';ibson: I move it. Ferro: Gibson moves. Do you second it, Plummer? .r. �'lu::rner: Sure. "...1. 1 orre: Further discussion on 9? Call the roll. (CONTINUED ON NEXT PAGE) 03 ^"1 i 5 '' 0 The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 81-391 A RESOLUTION URG7.,IG 111E FLORIDA LEGISLATURE TO ENACT AN ADDITIONAL ONE CENT SALES TAX LAW FOR THE PURPOSE OF PROVIDING FUNDS TO ALLEVIATE THE PROBLEMS FACING URBAN AREAS SUCH AS EDUCATION, UNEMPLOYMENT, CRIME AND TRANSPORTATION; FURTHER DIRECTING THE CITY CLERK TO FORWARD COPIES OF THE HEREIN RESOLUTION TO CERTAIN DESIGNATED PUBLIC OFFICIALS (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Co=issioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carc�llo Commissioner Armando Lacasa 4. ESTABLISH NE,% PROJECT I'H YKAR C.D. BLOCK GRANT PROGRAM) PROVIDE MENTAL }iFAI.TH SERVICES IN COCONUT GROVE AREA Mayor Ferre: Take up item 10. This is a... Mr. Plummer: I'll move it. Mayor Ferre: Plummer moves, Gibson seconds. Fruther discussion on item 10? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-392 A RESOLUTION APPROVING THE ESTABLISHM�ENT OF A NEW. PROJECT DURING, THE SEVENTH YEAR OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM TO PROVIDE MENTAL HEALTH SERVICES IN THE COCONUT GROVE AREA AT A COST OF $50,000; SAID FUNDING TO BE REALLOCATED FROM THE COCONUT GROVE PRIMARY HEALTH CARE PROJECT, 1hLREBY REDUCING THE ALLOCATION FOR THIS PROJECT FROM $150,500 1'O $100,500 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). (CONTINUED ON NEXT PAGE) 04 MAY 1 51981 C i TIeing seconded by Commissioner Gibson , the resolution was i ;Ir,ti ;,fiopted by the following vote: :c.issioner J. L, Plummer, Jr. vic-e-Mayor (Rev.) Theodore R. Gibson ? avor Maurice A. Ferre i . :.issioner Joe Carollo c'.,,;umissioner Armando Lacasa FLORIDA SECURITY AGENCY (SECURITY.' GUARD SERVICE FOR LITTLE HAVANA COMIfUNITY CENTER) `,''ISIOtiER LACASA ENTERS MEETING AT 9:15 A.M. :r= We're on item 11, security service, Little Havana Community i s Mi . 'Mayor, this is the one that I asked to be deferred. ,,moristrated the need. It is an exceptional thing, it is the norm. I will move item 11, 1'c3 like to,know who the principals are in Florida for the record. I have that. i .1; !;r.er : You mean of the company? rrt,: Yes. Cor the record, the president is Erberto Santana. vice Ia aro Martin, secretary, Luis Martin. Florida Security Agency. What's his first name? Fberto. E-B-E-R-T-O. i l .:t:nr,er : Are they licensed by the State of Florida? i Yes, they are. c !Crre: Plummer moves. Second. .'...y. r I-ei rt:: Lacasa seconds. Further discussion? Call the roll 05 MAY ri The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-393 A RESOLUTION ACCEPTING THE BID OF FLORIDA SECURITY AGENCY, INC. FOR FURNISHING SECURITY GUARD SERVICE AT THE LITTLE HAVANA C01xR: NITY CENTER ON A CONTRACT BASIS FOR ONE YEAR FOR THE DEPARTMENT OF COMMUNITY DEVELOPMENT AT A TOTAL ESTIMATED COST OF $33,133.80; ALLOCATING 1.1;NDS THEREFOR FROM THE 1980-81 OPERATING BUDGET OF THAT DEPARTMENT; 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 Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo 6. AUTHORIZE CI1171' PVVI:AGLR TO CONTRACT WITH SASAKI ASSOCIATES, INC.- MASTER PLAN/DESIGN CONCEPT OF LITTLE HAVANA COMMUNITY CENTER Mayor Ferre: Take up 12. Is there a motion on 12? Lacasa? Mr. Lacasa: Yes, I move this. Mayor Ferre: All right, is there a second? Is there a second on 12? Mr. Plummer: Yes, second. Mayor Ferre: Plummer seconds. Further discussion? Call the roll. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-394 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACT WITH SASASKI ASSOCIATES, INC. FOR THE MASTER PLAN AND DESIGN CONCEPT OF LITTLE HAVANA COMMUNITY CENTER, IN ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN THE ATTACHED AGREEMENT; AUTHORIZING THE CITY MANAGER TO EXPEND AN AMOUNT NOT TO EXCEED $25,000 FROM THE 4TH YEAR COMMUNITY DEVELOPMENT PROGRAM TO COVER THE COST OF SAID AGREEMENT AND ANY NECESSARY ANCILLARY SERVICE CONTRACTS FOR THE PROJECT (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). (CONTINUED ON NEXT PAGE) 06 MAY 1 51981 A 40 1>y (:o;rmiss]oner Plummer, the resolution was tl; • loll.( -Wing vote: ruse r r (Rev.) Theodore R. Gibson 1 ; i s.�, i caner Joe Carollo i'11: "1)0 :NTOWNN MIA,�i1 SPECIAL TAR ADDIT10'Al- 1"OLICE SL:RIVICE" TOWARDS FUTURE ' Iii- i�'- I kICT i ri,,'• t':iere's ;i mrtion on 14. Is there a second? t'.t Mr. M:tpor, but I think we have to r ,? is ;t t?.rtt t prat l�ubl i c hearing; which we held at , -il1- were Some surprising testimony i in!; t0 me. But I still think we have tocc., [2 t,) give the people the right to speak. AI j .kt t c s� , for the record, point out that this i:; .i ma:;v -tep procedure. We've got to get t''n, t hL•n we have to have a public hearing. But i('r t: MOVe a]nn; on this. And I want to say 11,,vc ri croup of merchants from Little Havana coming 1ve tieen the Herald story morning that they're protesting -1 1 r Street in little Havana, and all that. We ;ping, in rather areas other than downtown. t,'c11 Mr. Mayer, you know, the expression has been all along 1c•;^.1t _�kr. as the pilot because, you will recall very vividly, r ,., who g1pt,ar(-d hert.• rand wanted to create the same for sonr aci there was a request from the Edison Little River, you know. the people, if you want something other than the norm, and :!'. }• tO pay for it, we're willing to go along with it. All right, its be•-n moved and seconded. Further i t t•m 14? Call the roll, please. owing resolution was introduced by Commissioner Lacasa, who t J,1, pt ion: RESOLUTION NO. 81-395 L! i (JN 1)11tECTING THE CITY MANAGER TO SUBMIT )b" ; i OWN MI AMI SPF.t'I AL TAX DISTRICT PROPOSAL !'1IH;;A1. Poi-10E SERVICES" TO THE PLANNING , ! i'.! L T00%' METROPOLITAN DADE COUNTY AS THE BASIS PETITION TO CLERK OF THE BOARD r OEN 1 Y COMMISSIONERS FOR THE ESTABLISHMENT OF A ''I'!C!AL TAX DISTRICT AS OUTLINED IN SECTION 18-3 i; I!!! PAhl•: COUNTY CODE i(<< rt• ioliows body of resolution, omitted here and on file t!.t• ni fit-:e of the City Clerk). Wit 1 �i U P1 4W Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner. Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo ISSUE WASTE COLLECTION LICENSE TO: ALL FLORIDA SANITATION, INC.; R. 1, & J WASTE SERVICE, INC. AND M & J PERROTA WASTE SERVICE Mayor Ferre: Take up item 15. Mr. Plummer: Move it. Mayor Ferre: Plummer moves. Mr. Lacasa: Second. Mayor Ferre: Lacasa seconds. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: If RESOLUTION NO. 81-396 A RESOLUTION AUTHORIZING THE ISSUANCE OF WASTE COLLECTION LICENSES TO ALL FLORIDA SANITATION, INC., L & J WASTE SERVICE, INC. AND M & J PERROTA WASTE SERVICE, 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 Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NUES: None ABSENT: Commissioner Joe Carollo is I MAY 15 1S81 A 10 t i WITH NF.W WORLD I-IARINAS, INC. - FOR OPERATION ":�`:; .•E>;i.:�f OF `MIA?MARINA (4 YEAR CONTRACT) I.".;Eit JOF: CAROLLO ENTERS MEETING AT 9:20 A.M. z rtt: Take up 16. r ru : Lacasa moves 16. Is there a second? i want to have a little discussion on 16, Mr. Mayor. rrt: For the purposes of discussion is there a second? t crud the motion for discussion. Mr. Gary, let me t0 ';tnz, sir, that the basic concept of putting these things out n< :sirn, and that was to relieve the City of financial and i;et a direct income. Mr. Gary, I hope that you i�hilosoph- of that which is expressed by the Commission. ;i i:: this particular lease, I asked one of the principals ."t tht, wcrc going to be furnishing gasoline. And at this tl,rz- Provision. The provision is that they have not had it ,1 <i cussed out. Now, I'm not going to create a problem 1':a a=t gcin�; to remind you that every dollar of revenge, that can be brought in by these people, that this t.!;t� rc ipicnt of 'T' number percent. And I would hope that i sr: rit Mon would not find stumbling blocks but try to be t;zc' i)L'0,!1e, not just these people, but all contracts of t1i tar;ci, that they can bring in legitimate, more revenue , that we r . • `:'. z: within our power to help them do that because the bottom _ry ('ollar they bring in, brings in to us more dollars. So, talkini, to an overall philosophy, is all I'm saying. "Ir. Cu-:issioner, your point is well taken. But for the ;0c, loc at the summary in your package, there is a provision which includes amongst other things, fuel oil. And we r.-,.eiving a percentage of return on that also. iutn:,rr : ?ir. Gary, that's fine. But if you talked with the people, n"t yt-t been approved. Okay? Now, all I'm saying to you is it's t irke, do you remember my comments about Dinner Key Auditorium? '(_,u've got that mezzanine up there which is gathering dust. are trying to double dip on the restaurant man who would like t " +o-, t i,.it and promote that for like Kiwanis Club, and Rotary and ,i that that nature, yet you want to get from him a percentage it rc 1.,te.s to food and beverage, and charge him a rental f -zr the :t. of the mezzanine. To me, you can't do those kind of things. All ;a ,Ing is the more dollars they get, the more the City gets. Okay? !, 11P. vuu, Mr. Mayor. c,.z Fetrv: All right, the next item... ,,.I,f;,t•r: No, you've got to call the roll on 16. " It rrt,: oh, I'm sorry. All right, call the roll, please. , • I 1 .a ' . ci I a 0 The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RF.SOI.I'TTON '._O, 1'-:1-397 A RESOLUTION AUTHORIZIC"', 7 R TO EXECUTE THE ATTACHED AGREEMENT 1NAS, INC., FOR THE OPERATION AND 1tAN?.GE ;dl NET OF MIAN1ARINA FOR A PERIOD OF FOUR YEARS, St'E3`;"i':,.ti-i;.1LL�' IN ACCORDANCE WITH THE TERMS AND CONDITIiiNS `-IF,"' 1'i ;;'ti THEREIN (Here follows body of re:=. ;.,t',cn, i}: itted here and on file in the Office of the Cit.v C'lrrkl, Upon being seconded by Comni ssiunt,r tihe resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Laca,,a Commissioner Joe Carollo Vice -Mayor (Rev.) Theodore I.K. c;.ibson Mayor Maurice A. Ferre NOFS. None ABSENT: None 10. AUTHORIZE EXPENDITURE OF S9t ,l)00 1'i)F; I)L ELOP'r1i NT OF WATSON ISLAND MARINA PLUS 'ARY DESIGN AND ENGINEERING SE;a'ICEj Mayor Ferre: We're now on item 17. Is there a motion on 17? Mr. Plummer: I'll move it, Mr. Mayor. Mayor Ferre: Plummer moves. Is them, sL-cond? Mr. Lacasa: Second. Mayor Ferre: Further discussion? C-111 thc, roll. The following resolution was introduced by Commissioner Plummer , who moved its adoption: RESOLUTION NO. 81-398 A RESOLUTION AUTHORIZING THE CITY "1AINAGER TO EXPEND AN AMOUNT NOT TO EXCEED $90,000 FROM CAPITAL IMPROVEMENT FUNDS DESIGNATED FOR THE DEVELOPMENT OF WATSON ISLAND MARINA AND MARINE RELATED FACILITIES FOR PRELIMINARY DESIGN AND ENGINEERING SERVICE;;, }PERMITTING COSTS AND REIMBURSABLE ITEMS, AS PART OF THE LXISTING AGREEMENT, DATED AUGUST 22, 1979, PE:Tt;EEN THE: CITY OF MIAMI AND R. DUELL AND ASSOCIATES FOit SERVICES TO BE PERFORMED UNDER SAID AGREEMENT (Here follows body of resolution, omitted here and on file in the Office of the City Clerit). (CONTINUED ON NEXT PAGE) MAY 151981 10 A A i pcui t _ i;it; seconded by Commissioner Lacasa, the resolution was kris E;', an,l ,!dopted by the following vote: APES: Cc:z::i s:; loner J. L. Plummer, Jr. Cols irr i ssi oner Joe Carollo Co=issloner Armando Lacasa Vice.Xayor (Rev.) Theodore Gibson I., . or Maurice A. Ferre nc ,i'(' 1 ti'I 'it?RRIS IttiL'I?11,tiw AS CHAIRMA,N OF COMPETITIVE SELECTION c l?. T I I: FOR CONTRACTING PROFESSIONAL ARCHITECTURAL - SERVICES (DINNER FEY PIARINA EXPANSION PROJECT) rr: Take up 18. Mayor, I have a problem with 18 and before you approve uhat my problem is. We're going out now and we're all kinds of engineering studies done, and architectural, �..:r.t t sa,: for the record from the very beginning, I'm all in Dinner Key. My concern is that this City consistently wn by the State for permitting. And I would hate t_ Ic ic�u.,,cd later on, Mr,. Mayor, that we have spent bocu amount of Ilns', studies, and architectural stuides, and we never our permits, and those studies are put beside the be :i: `. I (li, ly question, are we maybe putting the cart before the horse? - r 1IC: I think that's a good point. I think that if this is c;, Mr. Gary, I think Plummer's suggestion is that we go immediately for the permitting process before we spend a hell of a lot .:;,-:wy in design. And what —I'm basing that on history that we have applied cr, �r ? cifferent occassions and have been turned down. :c,r I'errE.: Good Logic. I would move, Mr. Mayor, that 18 be deferred to give r l., :i, u:inistration further time to look into this matter. BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mr. Piu:::mer: I move item 18 subject to the permitting situation being ;trc,ightened out. "':,:Yt)1r•c•rre: Is that all right, Howard? `11. (,r+ry: 'That's fine. r F-- rre: Okay. There's a motion and a second. Further discussion? t he rolI . 11 The following i moved its adoption: :_sinner Plummer , who A RE SOLI"` ('i I R,' -IAN OF THE Ij CONTRACTING PROF ES' 1'.t' I-d-PIVICES FOR THE ZING THE C.11'1'1' 110N, OF A F I r"M IT E C. T U RAL ENGINEFi" "i.ANNING, DESIGN AND "Y M 1ARINA EXPAIN'SlW; (Here here and on file in t I i v 0 Upon being �tw resolution was passed and adopter i. AYES: Commis';Ione ­ C OMM i 7; ViccMayoi Mayor NOES: None ABSENT: None Mayor Ferre: Mr. Plummer: Mayor Ferre: Sf_-i The followi,.-.y i-, moved its adoption: z r( I a second? Call the roll. by Commissioner Gibson , who L-4CO A I` , I ER TO ACCEPT ('.1 AGRICULTURE FORA C- 1'i{AM *rOR CHILDREN AND FUR'! Hi:;< A' R TO EXECUTE THE NECES1-W-,V OF THE PROGRAM Ok, r LI i, , I omitted here and on file In ;")k MA 15 1981 A. A Lpon b-:-inl; seconded by Commissioner Plummer, the resolution was pa! ; �,i rt;id adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Cotttmissioner Joe Carollo Commissioner Armando Lacasa Vic(,,Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre ABSI-.NT: None + . :'+t I i :! T AWARD: $ 315 , 054 FROM STATE DEPARTMENT OF HEALTH SERVICES FOR "ENTRANT ASSISTANCE PROGRAM- r i'< r: < : Lacasa moves 20. Is there a second? pit . . , ,,... , . Second. —;rther discussion? Call the roll. YhL ;-11 owins; resolution was introduced by Commissioner Lacasa , who •:t iCi ado1i Lion: ' RESOLUTION NO. 81-401 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A (,K,L:T AWARD OF $315,054 FROM THE STATE OF FLORIDA: D1:PARTMENT OF HEALTH AND REHABILITATIVE SERVICES FC)R A PROGRAM ENTITLED: "ENTRANT ASSISTANCE PROGRAM - IA TTLE HAVANA", AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY CONTRACT(S) AND/OR A(;RF,EMENT(S) TO IMPLEMENT THIS PROGRAM INCLUDING A CONTRACT WITH ACTION COMMUNITY CENTER, INC., FOR TIU,NSPORTATION SERVICES (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). ip�)n being seconded by Commissioner Plummer, the resolution was .i andl adopted by the following vote: A';'i ;-: (,otmnissioner J. L. Plummer, Jr. Commissioner Joe Carollo (-omnissioner Armando Lacasa Vi c•.2.-,ayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre ?gone ;:one 13 ,,.�, 1.• J :i1 — k Mlavor ! t COU T - 111d)i Nly -0-rc)p Pool, GOVERNMENT - I : ; , r -, 1.11 ;J.�,�41cmer Lacasa , who THE EztiEBY ('1-,'V',TY FOR A RHOUIRES 00V';TOWN THE . ...... 'T UPON ""-,ere and on file Lr,,L, resolution was AV!- 1.4 MAY 15 1981 15. T-,LATER INTO LEASE AGREEMENT WITH GR tANAGEMENT, INC. - RENEW Ali iO;; I"TH FLOOR AT 150 S.E. 2 AVENUE Plummer, you had questions on that? tiii have ... my questions have never been answered. t t_ rn:;tc sites? there are no alternate sites. not buying that. Now come on. Don't, please don't (' 5sioner, we feel that the best location for the prc•,t!nt1v involved in building the conference/convention vi,.,ht where they are. And to move those people for a year ,,;,inion, practical or economical. Now, that gives us mnve the other offices that are presently there too. �c re asking for. --Akes sense. All right, is there a motion on �:r�,cment on the 12th floor of the 150 S.E. 2nd Avenue • .-.nt to move that? :r .cr3tf' expires the end of this month, Commissioners. We're diln't have a place to put those people. We just... have anv choice, do we? go ahead, Father. Renew their country club. Mr. Mayor. "Tliere is a motion for. Is there a second? Gibson seconds? Yes, I second. further discussion? Call the roll. ;Tr:,»ing resolution was introduced by Commissioner Carollo, who RESOLUTION NO. 81-403 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER :':T() A LEASE AGREEMENT, IN SUBSTANTIALLY THE FORM „ITACHED HERETO, WITH G 6 R MANAGEMENT INC. TO RENEW THE LEASE FOR THE TWELFTH (12TH) FLOOR OF THE BUILDING AT 150 S.E. SECOND AVENUE, MIAMI, FLORIDA, SUBJECT TO THE AVAILABILITY OF FUNDS (1lcre follows body of resolution, omitted here and on file in the Office of the City Clerk). tlt-ine, seconded by Commissioner Gibson, the resolution was i •tnd adopted by the following vote: (CONTINUED ON NEXT PAGE) W I _ IJ i D 81 0 AYES: Commissioner Joc Carollf. Commissioner Armandc) VICC-Mayor' (Rev.) Tl)e(id(;re I%, ion Mayor A. Forr,", NOES: C0111,11'-stonev ABSENT: None �' �. �� I ", '.' . . I � 16. L*, �' T F j `-1;XPENSATION CAP TT,,, i-, 1 Mayor Ferr(-,. Take up 2 Th i-s 1 j.,: i on actuarial services required bv Nia;2i (,jT 1(.r t ee i;t- irement Plan. Is there a motion? .1, T, 1 -,miner o ,, 2 'M r . Lacasa: -�nd I . r- discussion? Call the roll. -,m oner Plummer who The �"e- 1 ",-w TO ENTER INTO ),STANT 1ALLY THE C17i OF AND :'C'fh FFSION ACTUARIAL 7Y (ENERAL L W171-1.nM CURRENTLY 16,000 of n, .—ilted here and on file t,pon b t: ino n d d by Co r,-, m i i c, i i r Ll-,casa, the resolution was passed and ac!,)pted 'by toe, fol lr,,airg vote: AYES: J. 11— Commi,;sioner Joe Carol to Ca-mmissione r Armandc, Vicu,',layor (Rev.) Tlieoc`ore Mayor �'ziur4�ce A. Ferre NOLS: IN 0 11 e A"';ENT: Non( -- MAY 15 1981 0 17. 1? a;'r.l' PA !" : IW-1' AXIt ,!:I CAN BANE•. - BANKING' SERVICES FOR THE ( I)i i + YEt"iE i.ONTi;AC;: .I Ma,•t,r -Ferro: Take up ,14. Is there a motion?: Vot..},c: r'il t=rn: I don't think we have any choice, do we? M:. ? r;, item 4, Mr. Mayor, I have a question here. About ';'. n-lJ a h:Il-f ;1g_,O, I ex,)res5ed the ci,ncern that the City could use CtIE' ;- `.,ir:': Co place- in minority batiks such ils, the bank that is , n ;t.h A •enlle, especially 011S wn:i discussed after the situation of ':t!,. ; iI _ s '.hen we thcoretically were trying to do somthing to help (I ev olr I,, r ror.:ically that particular area. Nothing; happend at that WU wk:-. 1'0 t,.�ld tluit WU ', K, a contract. with the Pan American t,at CWII,5L'q1I0ntly, wu cou.lcin't do a thing; until after this up for iene.wal. Now, we hive it and I would like to know wl,a, , i anything, are we going to do to help the business community ir` i% :l;ir area which so much needs this type of help. And I _ i .,rc in opportunity. ,.o;ir hrohL �t h�',e is competitive bidding. th,:' que:4t_ion and 1 never heard from th�>I❑ <: ;<:;n, t't,,. acminstrat inn. Now, 1 see the item on 24. I don't 'I 11It-Fe people tlavt_ been invited to bid or what? Lt i•' ' 7 . !- j l t, i i�-�i�:-,Tr�,F�, i �•vu rc•c:.I. �, we have had 3 banks, minority I $250,000 in. The requirement tO r,::Iintain ,nIar records. Now, I'm informed by the this resolution would obviously eliminate that rlt:: City C,,Trstissir,n`s concern is that we invest ruvenues in rinority banks. And what 1 would Elie next City Commission that we come up with a �t that. I .Im thinking especially in one minority bank, and that bank, the only commercial bank in that part of the which is on N.W. 7th Street, 7th Avenue and whatever. rd I_i;c one that I am thinking of. Or if there is any other 1cn.,w of, or there might be in particularly in the black ; don't believe that all the minority banks are in such ,? nerd of help. They are doing very well with the exception of those iri the hla:_k comiaunity. So if we can do something for the banking i I I tint ?T-, that particular area, I think it's something that we must "i . i:ar� : Mr. Commissioner, I would recommend that you pass this tit i �ii ,o that we can get our banking services with regard to the o Departmvilt. I would also suggest that we come back at the next Cit}r Commission meeting with a plan that would deposit idle funds In thy- minority banks. NIT . t , . ,i`;;I: 01kay. Hut now the question is, if we were to pass this , ,, n, :ind we were to give a 3 year contract to the Pan American ii<ink, -u!�i th:It prc,:lude the pos,:ibility that we might enter into :;­1,,:1rAte type of agreements with other banks? Mr. Plutmner: What he's saying is a separate type of banking. tii . Cary: With regard to banking; services, we would not be able to I t , - i L',. l,,:nking; services from them, but we would be able to invest mines with them. I think that's the issue today. jM 7 f Mr. Lacasa: Well then, I'd rat hii r dt�ferred until the next City Commission meetinc'., 7 A�ht be able to come up with something. Mayor Ferre: The motioLl Is there a second? Mr. Plummer: Well Mr. but I want to inject another thing intu -I rrtd just for a single reason. I've to interject, and answers to. Mr. Garv, J t iie total amount of the deposits for the 12 c i 0.111ks are handling? Mr. Carcia: You're tnlkiil� themselves? Mr. Plummer: Yes. Mr. Garcia: Well, we i,:- cash at the banks. Most of the monies the City !-,z' -n v.-ir-Jous banks throughout the City. Mr. Plummer: I understan,! what I'm asking you is what is the total amour;'_ Is it y1,000,000? $40,000,000? You know, monthly, average yc-arly' Mr. Garcia: We are balance. That compensating brilanco thi- <-iverage is. (INAUDIBLE BACKGR0t7ND CiTfiF PUBLIC RECORD) Mr. Garcia: Rip-l'it ''fir. Flu-, Mr. Garcia: At t h i,, Mr. that :1 Mr. Garcia: It's the dollars. Mr. Plummer: Well you kritw, -iometliing. I don't know the cost of banking, ziv—' me tell you something. If I take a half a M i 1 i, �Jt is in an account, that's got to be worth money to t'--- T '-r, saying to you is that it seems reasonable t r) tn :-, i keep on a daily balance should be ample to cover any cost t.-iiiit :,:i,,Jrt be. incurred by them doing this work. Now, what I'm s.3ying also is, 1. realize that not all banks in this City are equipped to dr, of work. And I think that ,,--, "fir. Lacasa is going to fiii+ i:t , ti-, ,2 , - I . t. ,,rob)vis with minority banl-s, that they don't. iiavt-, to do it. Now, the only thing it seems like to mi- Lh,ji- Lhis 25,000 a year, or 75,000 for round figures, for 3 to cc, hi-h when we're keeping an average daily balance. of --I i1al, -:, miilion collars. You know, I was very much amazed to find outt "-ho-re is ove-r night money, interest money. Mr. Garcia: Sir, let trier this. Th,- w.iv we pay the bank is precisely by keeping a certain i.;-f money with the bank. ."I. This is soft Mr. Garcia: Yes. That is true. Mr. Plummer: Well, it sure doesn't Indicate that. Mr. Carollo: Excuse me, Mr. City Are we talking about the Capital Bank? -"A ist a / n54YFI'1F.. ` t )� i(• _ �,. MJ1- ``,,��,,��:. 1. >i v,.i7rr ti riTa, i d e d ,opted by t 1,L: i. ssioner J Mii u c t, Raw, .i k U P i t t, 1: i +L --Illv 1. . 'I.- ,, r I ( J, I '.,? P. S +',eiiter storm sewer I t h 0 roll. who ACCE" CO'.PORATION i:Ii OF Till: IENT 1N �A 0. BONI) '(WUR THE ' 'I !:AUT COST; AL' ',VNI) THE AMOUNT $9,083.37 Tn C EXPENSE; F G R -)X 1,641.00 Z:O% ER THE CG 1 ','E ;"i I SING, , LUOKATORI 1-.:' N (' ,'.-ND AUTHORIZING (7ITY MANAGER W1711 SAID (Here follows body of r— omitted here and on file Lhe Office of tht: siconded by "',casa, the resolution was L-aUASSioner J. L. icrMissioner Joe Caroll: Armando !.,i, coMayor (Rev.) Theoc! ".-Ivor Maurice A. Yer:-e —Fie 20. EXECUTE AQVEMENT WITH ACIION COMMUNIn' CENTER, IN(.. FOR USE OF (KE 1h,4111 K,Q)Lo Mayor Ferro: Take up... Mr. Lacasa: Move 25(a). M"vor Ferre: Lacasa moves 25(a). Is there a second? Mr. Plummer: %rund. Mayor hvrre: Seconded by Plummer. Further discussion? Call the roll. The iollowinq rLSOlUtiOn WaS introduced by Commissioner Lacasa, , w1io .�vud its adopticn: RESOLUTION NO. 81-407 A RES01YTION AUTHOKIZNG IHE CITY MANAGER TO EXECUTE AN ACXFENHN1 WITn ACTION COM�'UNITY CENTER, INC., Vok in! VoE Q ONE (1) MOBILh RADIO, IN SUBSTANTIAL WITH 11E TERMS AND CONDITIONS AS SET AGREEMENT (Hury foilowb body of resolution, omitted here and on file in the nffice of the City Clerk). f ,rcn KiLf iLc�_rdud by Commissioner Plummer, the resolution was pt",wd ana adopted by the following vote: AVA: Ctmimissioner J. L. Plummer, Jr. Coznissioner Joe Carollo (ornissionur Ai-mando Lacasa ViceMayor (Rev.) Theodore Gibson Nasor Maurice A. Ferre N! K: None KNENI: Nnne 21. E!EQVTL AMENDIVENT EXTENDING EXISTING AGREEMENT WITH NEW KASHINGIUN HEIGHTS COMMUNITY DEVELOPMENT CORPORATION, INC. FOR ONE MHRE MONTH Mayor Ferre: Take up 25(b), authorizing the Manager to extend the New Washington Heights Development Corporation. move. (, i Ferre: Moved by Carollo. Further discussion? Mr. I'luntmer, Second. Mayor I'vire: Secondud by Plummer. Call the roll. (CONTINUED ON NEXT PAGE) 21 0 A The following resolution was introduced by Commissioner Carollo , who moved its adoption: RESOLUTION; NO. 81-408 �. T-Ii-S iI.LT1IOti ALLOCATIti a FIKOM 'i111: t7T1I YI'_AR 01,"lMVNITY DEVE'LOPMENI Bho,('.L, 6LK--V�T 1�;ti ) Pnl.XIOUSLY APPROPRIATED BY ORDINANCE NO. 9102, ADOPTED MAY 22, 1981, TO NEW WASHINGTON HI:ICIITS CONLTIL-NTTY DEVELOPMENT CONFERENCE, INC., HERI INAFTER REFERRED TO AS N.W.H.C.D.C., TO PERMIT THE AGEINCY TO OPERATE THROUGH MAY 17, 1981; AI;THORIZING THE CITY MANAGER TO AMEND THE EXISTING AGREEMENT WITH SAID AGENCY (!i,-re follows body of resolutior omitted here and on file iti the Office of the City Clerk). t ; on being seconded by Commissioner Plunir-ner, the resolution was ;!-M.' <doPted -,; the followins vote: L. Plummer, Jr. issi��ner .',oe Carollo L:t I Tam issioner Armando Lacas:i Vi, k,Mayor (Rev.) Theodore Gibson Maur. ice A. Ferre it.. 1 . tir, ;CI:DL:.L.._ '.�0R CONiPi"IE-. EQUIPMEKT A CONTRACT EAS15 (Dt:PAR1NI::.T OF COMPUTERS AND up 26. Plummer, do you have any problems with that? r: Plr. ".r ;n , it's just coming; more true whist 1 said w '.'i::,.. ., (3t;ii that is that you yourseif into a ma,ihine that `.1;01'n :i11d now we're just perpetrating a mistake. But we have to lies -use we're locked in. M,: Vr r ?'(:rre: PILI-MMer moves, is there a second? mr. 7`lutimer: No, Plummer doesn't move. FL. r i-o : Lacasa moves, Gibson moves. Further discussion? C�ill the roll. 22 (CONTINUED ON NEXT PAGE) MAY 15 1981 L, The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-409 A RESOLUTION WAIVING THE REQUIREtIFNI T FOR FORMAL SEALED BIDS FOR FURNISHING COMPUTER EQUIPMENT MAINTENANCE ON A CONTRACT BASIS FOR THE DEPARTMENT OF COMPUTERS AND COMMUNICATIONS; AUTHORIZING THE PURCHASE FROM BURROUGHS CORPORATION, THE ONLY KNOWN SUPPLIER; AT A TOTAL COST OF $94,500.38; ALLOCATING FUNDS THEREFOR FROM THE 1980-81 OPERATING BUDGET OF THAT DEPARTMENT: AUTHORIZING THE CITY MANAGER AND 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 Clerk). Upon being seconded by Cnmriissioner Gibson, the resolution was passed and adopted by the following vote: AYES: C(1r,:rr:isL; inner Armando Lacasa �. r.. is5ianer Joe Carollo Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: Couunissioner J. L. Plutttmer, ,Ir. ABSENT: None 23. WAICI';G BIDDING PR�)C UtRES F(11� FURNISHING CO"IPL'TER EQUIPMENT TO DEPARTMEINT OF CifMPUTF.?S CO'CIl:NICATIONS Mayor Ferre: Take up 27. Mr. Lacasa: Move. Mayor Ferre: Lacasa moves, Gibson seconds. Further discussion? Call the roll. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-410 A RESOLUTION WAIVING THE REQUIREMENT FOR FORMAL SEALED BIDS FOR FURNISHING COMPUTER EQUIPMENT TO THE DEPARTMENT OF COMPUTERS AND CO1ANNICATIONS; AUTHORIZING THE THE PURCHASE FROM BURROUGHS CORPORATION, THE ONLY KNOWN SUPPLIER: AT A TOTAL COST OF $427,081.66; TO BE PAID IN 5 EQUAL INSTALLMENTS; ALLOCATING FUNDS THEREFOR FOB THE FIRST INSTALLMENT IN THE AMOUNT OF $85,416.32 rKuM THE 1980-81 OPERATING BUDGET OF THE DEPARTMENT OF COMPUTERS AND COMMUNICATIONS; 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). (CONTINUED ON NEXT PAGE) 23 Of N 4 �, _' L':i-'•_',':'ndG',:I hV' (n—;-..115:-i—i[ 'r l,il',son, the resolution was 1 and .adopted by the following vote: Armando Lacnsa ,.:,"A • i,mer .Joe Carollo ,�-()r (R.c:v.) "rile„d��rt n. Gihsr,n A. Ferre NO J. L. Plum,.:er, i'i i- ID: :) i'A SIGNU- 1':C. (A?: T0'•l.ATIC DIRECT DTAL RADIO - OF CO'•D'L'TERS V P CONNUNICATIONS it : ;:,he uI; ?d, atItOMatic direct dial radio telecommunications W(-. get ,tonic :: ,:itinnaI information on that, Mr. City f 1 Gitt `t }:_:ir till X -. .,, .ski j',t : 1 0-,' :!L:61 L lvn.il informati_c,n in this? Can -;ou i peoi-, le from the Police Department adn ans�.,•r the questions you may have. InL , tho budt,'t of Com users and Communications, '%udget? he coming from the budget of Computers and u...wcil, he wants information. Mi-, l.ar,'.11i 1 just want to get a little more information. ' ,it I,.•r c : i:: ,,:: 1 thought he gave him... I'm sorry. Ar,• volt: all set? Xr. C,ir,,]lo: ti,,, no. 111U officer is going to provide the information. li(,eml ur : This system is part of a long range plan that hL,d dt'signed some time: ago before he retired. It hooks t::t,,11•; into, our mabile digital computer radio systems. It's a tt,i, i f,;:::n, 1, to allow officers in the field to contact owners of tl:=ve I)een burblarized, contact parent of juveniles that ::hl-rt•h,.•nded, contact the station to save officers time t find a telephone since the call boxes have been „�;t avoidance device. 1 lu: 5.,, what it will do is enhance your ability to dial from NICAIT' radio:; out on the field then. i:li ly, that's correct. The Telephone Company is nt•twork :Ind allow the ; _,:Iicenien to have access to a lot r ,r:::,t ion than lie would ordinarily. 24 NAY 1 5 1981 4b F Mr. Carollo: All right, sir. That's fine. I move. Father Gibson: Second. Mr. Plummer: Somebody move 28? I second it. Mavor Ferre: Further discussion? Call the roll on 28. The following resolution was introduced by Commissioner Carollo , who moved its adoption: RESOLUTION NO. 81-411 A RESOLUTION ACCEPTING THE BID OF DATA SIGNAL, INC. FOR 7URNISHING POLICE RADIO -TELEPHONE EQUIPMENT TO THE DEPARTMENT OF COMPUTERS AND COI,2�11LToICATIONS AT A TOTAL COST OF $26,792.00; ALLOCATING FUNDS THEREFOR FROM THE 1980-81 OPERATING BUDGET OF THAT DEPARTMENT 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). Lk,L'i; being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. CommAssioner .],)(: Carollo Commissioner Armando Lacasa ViceMayor (Rcv.) Thocidore Gibson Mayor Maurice A. Fore NOES: None / ABSENT: None 25. ACCEPT BID: DIXIE GLASS & RADIATOR COMPANY AUTOMOTIVE REPAIR SERVICES DLPAR1"'.ENT OF BUILDING AND VEH Mayor Ferre: Take up 29. Mr. Carollo: Move. i-.tther Gibson: Second. , N'iyor Ferre: Moved by Carollo, seconded by Gibson. Further discussion? Call the roll on 29. The following resolution was introduced by Commissioner Plummer , who moved its adoption: 0 RESOLUTION NO. 81-412 A RESOLUTION ACCEPTING THE BID OF DIXIE GLASS AND RADIATOR CO. FOR FURNISHING AUTOMOTIVE REPAIR SERVICE ON A CONTRACT BASIS FOR ONE YEAR TO THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE; AT A COST OF $26,000.00; ALLOCATING FUNDS THEREFORE FROM THE 1980-81 OPERATING BUDGET OF THAT (CONTINUED ON NEXT PAGE) 25 . , -] I DEPARTMENT; AUTHORIZING THE CITY MANAGER AND VHE 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 Gibson, the resolution was passed and adopted by the following vote: APES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None 26. ACCEPT BIDS: FROPi VARIOUS VENDORS , 1 Mayor Ferre: Take up 30. Mr. Carollo: Move. `rather Gibsor,: Move... second. Mr. Plummer: Mr. Mayor, I have a problem with that. Let me tell you .hat my problem is. When we tried to talk before of going to other motorcycles which are cheaper in price, cheaper in maintenance, and being accepted all over this country, the reason we couldn't go to other motors was because of the fact that we had 50, 60, $70,000 worth of Harley parts. Now here we are getting ready to lock ourselves in again, and nobody is going to be able to bid on new motorcycles except a Earley dealer because there is only one motorcycle that we have parts for. Mr. Mayor, other police departments around the country have, in fact, gone to other motorcycles because they're cheaper, more efficient, more durable, and I just really am not going to stand still. I would like this item to be deferred to make sure of what we're doing, and I would like to have some discussion on this item, because I don't think we've had enough. Mr. Gary: Mr. Mayor? Mayor Ferre: Yes. Mr. Gary: I concur with the concerns of Commissioner Plummer, however, I would like to suggest that instead of deferring the item, because obviously there are some parts that we need to get the motors out on the streets, that this item be approved with the condition that we do not , all of the parts and store them at one time. That we buy them as wu neea them. Mr. Plummer: I've got no problem with that. That's fine. I've got no problem with that at all. Subject to that amendment, Mr. Mayor, I'll move it. Mayor Ferre: All right, as amended, we now have a motion on item number 30. All right, call the roll. M,AY 1 51981 Aw The following resolution was introduced by Commissioner Carollo , who moved its adoption: RESOLUTION NO. 81-413 A RESOLUTION ACCEPTING T1IE BIDS RECEIVED FROM TWENTY- THREE (23) SUPPLIERS Ah'D APPROVING FOUR (4) ADDITIONAL VENDORS AS SINGLE SOURCE SUPPLIERS OF AUTO- MOTIVE AND HEAVY EQUIPMENT PARTS AND ACCESSORIES FOR USE AS NEEDED, CITY WIDE ON A CONTRACT BASIS FOR ONE YEAR FROM DATE OF AWARD AT A TOTAL ESTIMATED COST OF $362,000.00; ALLOCATING FUNDS THEREFOR FROM THE 1980-81 OPERATING BUDGET; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDERS FOR THESE MATERIALS (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: tivc-c• It=iiissioner J. 1- Plummer, Jr. uommissioner Joe Carollo Commissioner Armando Laca,-i ViceMayor (Rev.) 'Theodore Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None 2-. ACCEPT BIDS: FROM VARIOUS VENDORS - HEAVY EQUIPMENT FOR THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE Mayor Ferre: Take up item 31. Mr. Carollo: Move. Mr. Plummer: Second. Mayor Ferre: All right, there is a motion and a second on item 31. Further discussion? Call the roll. 'ine following resolution was introduced by Commissioner Carollo , who moved its adoption: RESOLUTION NO. 81-414 A RESOLUTION ACCEPTING THE FOLLOWING BIDS FOR FURNISHING HEAVY EQUIPMENT FOR THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE: BID OF INTERNATIONAL HARVESTER CO. "")Q 16 TRUCK CAB AND CHASIS AT A COST OF $431424.00; BID OF H.F. MASON EQUIPMENT CO. FOR 12 REFUSE BODIES Af A COST OF $201,852.00; BID OF GMC TRUCK AND COACH DIVISION FOR 3 PICK UP TRUCKS AND 12 TRUCK CAB AND CHASSIS AT A COST OF $254,178.00; BID OF ADVANCED FABRICATORS FOR 2 TRUCK STAKE BODIES AND 2 UTILITY TRAILERS AT A COST OF $8,868.00; BID OF DEBRA TRUF AND INDUSTRIAL EQUIPMENT CO. FOR 1 SEVEN GANG MOWER AT A COST OF $26,889.00; BID OF TRANS STATE EQUIPMENT CO. FOR 1 AIR COMPRESSOR AT A COST OF $10,445.00; AND THE (CONTINUED ON NEXT PAGE) 27 BID OF CALLAHAN MOTOR CO., INC. FOR RUBBISH DUMP BODIES AT A COST OF $90,000; AT A TOTAL COST OF $1,023,655.00; ALLOCATING FUNDS THEREFOR FROM THE GARAGE REPLACEIKENT RESERVE FUND IN THE A.klOU'NT OF $759,185.00 AND FROM THE MACHINERY AND EQUIPMENT REPLACEMENT BUDGET OF THE DEPARP ENT OF SOLID WASTE IN THE AMOUNT OF $264,470.00; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDERS 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 J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None 28. ACCEPT BID: LESH DRILLING FOR ONE 12-INCH IRRIGATION WELL SPRINGS GOLF COURSE) Mayor Ferre: Take up 32. Mr. Carollo: Move. Mr. Plummer: Second. Mayor Ferre: Further discussion? Call the roll. The following resolution was introduced by Commissioner Carollo , who moved its adoption: RESOLUTION NO. 81-415 A RESOLUTION ACCEPTING THE BID OF LESH DRILLING FOR FURNISHING ONE 12 INCH IRRIGATION WELL TO THE DEPARTMENT OF PARKS; AT A TOTAL ESTIMATED COST OF $4,550.00; ALLOCATING FUNDS THEREFOR FROM THE 1980-81 OPERATING BUDGET OF THAT DEPARTMENT; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDERS 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 and adopted by the following vote: (CONTINUED ON NEXT PAGE) A AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None 29. ACCEPT BID: DeBRA TURF AND INDUSTRIAL EQUIPMENT COMPANY FOR. ONE SOIL SCREENER FOR THE DEPARTMENT OF PARKS - CITY WIDE Mayor Ferre: Take up 33. Mr. Carollo: Move. Mr. Plummer: Second. 1'urre: Moved and seconded. Further discussion? Call the roll. The following resolution was introduced by Commissioner Carollo , who moved its adoption: RESOLUTION NO. 81-416 A RESOLUTION ACCEPTING THE BID OF DeBRA TURF AND INDUSTRIAL EQUIPMENT CO:`PM- FOR FURNISHING ONE 20 CU. YD PER HOUR SOIL SCREENER TO THE DEPARTMENT OF PARKS; AT A TOTAL COST OF $9,710.00; ALLOCATING FUNDS THEREFOR FROM THE CO*L*iUNITY DEVELOPMENT TARGET AREA WIDE TREE PLANTING PROJECT; 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). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: A'iES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NoLc : None ABSENT: None 29 MAY 1 51981 0 4 30. ACCEPT BID: COLUMBIA CASCADE TIMBER COMPANY FOR PLAYGROUND EQUIPMENT (ROBERT E. LEE PARK) Mayor Ferre: Take up 34. Mr. Carollo: Move. Mayor Ferre: Is there a second? Mr. Plummer: Second. Mayor Ferre: Further discussion? Call the roll. The following resolution was introduced by Commissioner Carollo , who moved its adoption: RESOLUTION NO. 81-417 A RESOLUTION ACCEPTING THE BID OF COLU,MBIA CASCADE TIMBER COMPANY FOR FURNISHING PIAYGROUND EQUIPMENT TO THE DEPARTMENT OF PARKS; AT A TOTAL COST OF $7,633.00; ALLOCATING FUNDS THEREFORE FRO?l THE CO?2�%T<ITY DEVELOPMENT-WYNWOOD NEIGHBORTiOOD PARK DEVELOPMENT (ROBERT E. LEE PARK -PR_ "'E II) ; 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 rile in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed anus adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson ;savor Maurice A. Ferre NOES: None ABSENT: None 30 ri 31. ACCEPT BID: TRI COUNTY FENCE COMPANY FOR GALVANIZED CHAIN LINK FENCING (FERN ISLE NURSERY) Mayor Ferre: Take up 35. Is there a motion on 35? Mr. Plummer: I'll move it. Father Gibson : Move. Mayor Ferre: Moved and seconded. Further discussion? Call the roll. The following resolution was introduced by Commissioner Gibson , who moved its adoption: RESOLUTION NO. 81-418 A RESOLUTION ACCEPTING THE BID OF TRI COUNTY FENCE COMPANY FOR FURNISHING GALVANIZED CHAIN LINK FENCING TO THE DEPARTMENT OF PARKS; AT A TOTAL COST OF $5,163.41; ALLOCATING FUNDS THEREFOR FROM THE COMMUNITY DEVELOPMENT -TARGET AREA WIDE TREE PLANTING PROJECT; AUTHORIZING THE CITY �UNNAGF.R AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THESE *UATERIALS (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 J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None FOLLOWING ROLL CALL: Father Gibson: Let me ask a question. It doesn't deal with this particular item, but this item evokes an inquirty. We are building a park on Grand Avenue and Elizabeth. And what disturbs me is you would have spent the tax payers money to build that park, there is absolutely no provision made to close that park down at any time. I raised the question with Mr. Kern. He said, well, there's nothing we could do now. But let me point out to the Commission, if you want to be responsible in spending tax payers money, doggone it, right now every park that you have the people in the neighborhood are complaining about the park being open. And I just think that we ()tight to be more responsible than we are. To build a park, it's not that large. It's about 100 by 50 by 100. Why in the world can't we lance the doggone thing and lock it up at night? I'll tell you what, don't fence it in, don't fence it in. And two things, you will destroy, you will have all that you built there destroyed, I promise you, within 3 months, number two, the problem you will have, police problem you will have from that park as a result of leaving it open, making; it available at all times, gambling and everything else will be of such that you will curse the day you ever finished it. 31 MIAY 15 1,981 y n L Mr. Plummer: Well Father, I'm amazed that someone told you that there's no closing. It is my understanding that all City h,3rks close at 10:00 o'clock at night, and the Commission took unto itself because of the problems up at next to Bay Point... Father Gibson: Morningside. Mr. Plummer: Morningside, that the administration have the latitude to close them at discretion as early as sunset. Fattier Gibson: All right, I'll tell you what you do... Mr. Plummer: Now, for you to be told that there is no closing time, I'm amazed. Father Gibson: Mr. Manager, before 12:00 o'clock, within the hour, have Mr. Kern here and let him answer. 32. ACCEPT BID: FRE CONSTRUCTION COMi'A,NY, INC. (ALLAPATTAH N.W. 23 STREET CD PAVING PROJECT -PHASE II AND CD SANITARY SEWER MODIFICATION Nr. Plummer: Are we on item 36? ;•favor Ferre: Yes, sir, we are. ath�.r C-iI)son: 1 tt;ove it./ Mayor rerre: Its been moved by Father Gibson... `'.r. Lr,_asr,: Second. Ferre: Seconded. Further. discussion? Call the roll. Th- following resolution was introduced by Commissioner Gibson , who ::,cv,�d its adoption: RESOLUTION NO. 81-419 A RESOLUTION ACCEPTING THE BID OF FRE CONSTRUCTION COMPANY, INC., IN THE PROPOSED AMOUNT OF $540,677.00 TOTAL BID OF THE PROPOSAL, FOR ALLAPATTAH N.W. 23 STREET C.D. PAVING PROJECT -PHASE II AND ALLAPATTAH N.W. 23 STREET C.D. SANITARY SEWER MODIFICATIONS; WITH MONIES THEREFOR AI.I.00ATED FROM THE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUND IN THE AMOUNT OF $540,677.00 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $59,475.00 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $10,848.00 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE n CONTRACT WITH SAID FIRM (Hare follows body of resolution, omitted here and on file in the Office of the City Clerk). (CONTINUED ON NEXT PAGE) 32 Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa Vi.ceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None 33. ACCEPT BID: CL'YAHOGA WRECKING CORPORATION (DEMOLITION OF UNSAFE STRUCTURE-SHERMAN HOTEL) Mayor Ferre: Take up item 37. Father Gibson: Move it. Mayor Ferre: Moved by Gison. Is there a second? Mr. Carollo: Second. Mayor Ferre: All right, this has been worked out, for the record, Howard, with the owner and he's agreeable to all of this. Mr. Gary: Exactly. And New Washington Heights. Mayor Ferre: All right, call the roll on item 37. The following resolution was introduced by Commissioner Gibson , who moved its adoption: RESOLUTION NO. 81-420 A RESOLUTION ACCEPTING THE BID OF CUYAHOGA WRECKING CORP. FOR FURNISHING DEMOLITION OF AN UNSAFE STRUCTURE FOR THE DEPARTMENT OF BUILDING AND ZONING INSPECTIONS; AT A TOTAL COST OF $13,900.00; ALLOCATING FUNDS THEREFOR FROM THE COMMUNITY DEVELOPMENT -CITY WIDE DEMOLITION PROGRAM; 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 Carollo, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None 33 MAY 1 51981 46 i 34. rSTABl.ISU I2'1DIyG GUIDELINE!; lOR Cl-n' OF MIA.'vII FESTIVAL AI)%'ISrPv CO`DIITTFI�., ETC. �I,1vr1r iirr�: 1�lki ui� iteri 3c,. Tsthere. a motion? "Ir. Flurlmer: Move it Mr. Lacasa: Second. Mayor Ferro: 1'ltir.erer ,raves, I.acasl seconds. Congratulations to the admini. trnti>_>:, for puttin;; together something that has been long over . a' I ~Ile roll. Ci,e f01 resolutioil was introduced by Commissioner Plummer , who maven its adoption: No. 81-4221 }:51_�1.C�TIi?� ES'1'Ai LISi;ItiC I�1.'1iDTNG GUIDELINES FOR 1';i'r: C.1Y OF FESTIVAL. AL+ViSORY COM-MITTEE SAID CG.`N11TEE'S CONSIDERVTIUti OF FUNDING - 1' • ; S Tcl ;'IiE CITE' FOR C011,' ,,UNITY —RUN FESTIVALS (litre follows boku r-f r�s�it:t:it>1, OMitLed here and on file in thy Ofi is e of the City Clcrk) . 51oner Lacasa, the resolution was ti:u loll owillg Vote: umner, .Ir. . c ....:�i�';ic�nc�r Ar:;la:ldc Lacasa Thi-ocOTv Cilhsoll "tn nr Y..,ur_ci A. Ferri: 'T AtiNI ::�1RIE ADi�ER TO 1iiE CITY OF 1IA'1-II COMMISSION ON 01: WO"IrN Fcrre: Take up item 39, appointing Anne Marie Adker to the (At , ,f liiami's Commission on the Status of Women. Move i t . rr Mciv4.d by Plummer... .,,,yol i-erre. Seconded. Further discussion? Call the roll. 34 [1 D The f(1llowl nl', Ie�-)l'it i,,n way introt;uted by Commissioner Plummer , who moved its adoption: FESU;I, 'I 1.i:, ti('. 81-42Z A RhSOLUTLON Ai'I'011"'TING t1NNE' :;ARIL ADKEIR TO THE CITY OF �,L1hil CoM,MISSION GNI 'I'lli: STATLS OF WOMEN (Here f),) It,w: I)o,ly c:f rt:;olutio;,, omitted here and on file in the )� ;ct, t,f th1� Cit': C14 rl'). Upon beinc; �t (.ondud by Ct)rimis;iioner Lacasa, the resolution was passed aild ZIIUl)t E'il I)V i ht' i of 1k)`+:ili�:, v o T 1, : AYES. Conc)i=5in.)t�r I. 1 . :'ILItmner, Corarisstoner, Jot) CaroIIu Uo,mm; ss.iuner Armando Lac a,—i Q`!.j1; c,r (It('v. ) Theodore ; i nsun Mawr `la:rict A. Terre NOES: None AI'.�zFIN T: Nona Coi:mAsc,ion wishes to remove specific items from this l urt i Sri t;:c ,: _,e;)i t: i tents tit.-43 constitute the Consent Agenda. These resolutions are self-explanatory and are not expected to regji:ire additic)zial review or discussion. Each item will be recorded a individually nuulhcred resolutions, adopted unanimously by the following vote: ...that ti-<e Ai L,�ncl.i, �_t prised of items 41-43 be adopted. Mayor Fer re : 1',t•! ci— t r,t yr t t 0n items included in the Consent Agenda i:: t aE:c,i, i:, the r�- and; onc, present who is anyone present who is an objector ur hr),I)�>.;c'nt that wislies to speak on any item in the Consent A,,,t•nda? HcarinL; nvne, the vote on the adoption of the Consent Agenda will now Iry taken. The i of l ow i nt,, r(-solutions were introduced by Commissioner P' simmer, seconded by Com::iissioner Gibson and passed and adopted by the following; vote: AYES: C.:rx,issic)ner J. L. Plummer, Jr. CO-UniSsiont'r Joe Carullo Comnii,-sic ner Armando Lacasa V.1ct•-Mavor (hev.) llirc)(Iore R. (:ibson A. rerir NO S: None• ABSENT: None (CONTINUED ON NEXT PACE) 35 MAY 1 51981 M r 36.1 DIRECT CITY CLERK TO PUBLISH NOTICE OF PUBLIC HEARING IN CONNECTION WITH CORAL SANITARY SEWER IMPROVEMENT-SR-5463, ETC. RESOLUTION NO. 81-423 A RESOLUTION DIRECTING THE CITY CLERK TO PUBLISH A NOTICE OF PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPTANCE BY THE CITY COMLMISSION OF THE COMPLETED CONSTRUCTION BY F. J. SILLER AND COMPANY OF CORAL SANITARY SEWER IMPROVEMENT IN CORAL SANITARY SEWER IMPROVEMENT DISTRICT SR-5463-C & S (centerline and sideline sewers) 36.2 ACCEPTED COMPLETED WORK BY JOE REINERTSON EQUIPMENT COMPANY FOR NORTHERN DRAINAGE PROJECT E-48, ETC. RESOLUTION NO. 81-424 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY JOE REINERTSON EQUIPMENT COMPANY AT A TOTAL COST OF $168,374.08 FOR NORTHERN DRAINAGE PROJECT E-48; AND AUTHORIZING A FINAL PAYMENT OF $7,138.33 36.3 ACCEPT COMPLETED WORK OF BARTLETT CONSTRUCTION, INC. FOR CONVENTION CENTER, PHASE II, FOUNDATION WORK, ETC. RESOLUTION NO. 81-425 A RESOLUTION ACCEPTING THE CO?`.:'LETED WORK OF BARTLETT CONSTRUCTION, INC. AT A TOTAL COST OF $1,430,535.00 FOR CONVENTION CENTER, PHASE II - FOUNDATION WORK; AND AUTHORIZING FINAL PAYMENT OF'$45,565.05 37. FIRST READING ORDINANCE: AMEND SECTION 53-151 OF THE CITY CODE - PROCEDURES AND USE - CHARGES AT MUNICIPAL AUDITORIUM AND COCONUT GROVE E.UIBITION CENTER, ETC. Mayor Ferre: We're now on item number 1 which is an ordinance on first and second reading to produce new charges at the Municipal Auditorium and Coconut Grove Exhibition Center by increasing certain specified fees. Is there a motion? Mr. Plummer: I move it on first reading only. Father Gibson: Second. Mayor Ferre: On first reading, item number 1. Further discussion? It has been seconded by Gibson. Call the roll. (CONTINUED ON NEXT PATE) 36 0 S A" '. .� ":f V, i At LI) A by Goan issioner lowing Vote: Ill t I c ( o r'l and Ole Ci LV Commission , V proposed ji;crease. Not is coming and the kids -'11' Which we have out also the i d t- t-k L: u L down on Iii I i tl L!"wil on tlit.• swimming t,ll p! cvio.is iteris. Now, on top titr lic. I L!,jll'L feel it's ro,•tien on t ht.- floor. Is there t)'nit i( n. Under j t h,i! it' :i had time, the ,,oncerncd. '-light I suggest date of -)u 'm sure yt have w z, \'s , Mr. Plurmer. No, I think, I. n t ),,;I to you, Mr. Lacasa, agree with what rAAV 4 r- 4()O1 A 0 r "t rr' (C011t in tied }'ou're avin 4; `+.'i t 11 rrds to Children. However, I don't agree with you with retard ; t ,":rci,i:_. that do not live withill City of ''`1:1RiL. mini-;lt. i iV'E' iIl COT it `'ables nr worth Miami want to use our swimmini; pools, then 1 think t;.ev-h()Llld pay at least thE: ;rat;:±arils that are charged in ether wile: ir:,; p;,nls in the area. }'i7 . !,,.. i:•a. %ii,rt't: AJltil vr'II C'n 1.-11:1t . ,rre: (:(_)r -1 Gables char,',es twlce, m:1t•1he three ti::�es what we're Now, wily .:hc'Lilt,. ht'r, wh(-, l .vo; in Coi;',I Gables, .100 to f o :;A+1.'l 1.1 t:ilf' Ci)ral Gabl-eD swim-ming pool come an<.i tty C,f !',ii� Mr. i'li;c.or, 11 yt a wliiit to r:.:ike .;ii ii?�E:i.'.::,cnt Lo my motion lust r%1iF.e t.ile l:i 'rE'ci.'i(' on those non-reSldt,nts of the City c:':i t; aoLtid he rorc- t1U1n y_1a(; to... .Ni :: -) I _'Crt_ Bh i, 's all rlgl, t. Yin,.. fir. A.1 Howard'. 'l(_•ri' for disriis:.in;? nllr'iCses? 1t you j c k't. 1'e'-.-i':111�:, tlil: ;�.. i;� .1U.:1ilUn of 1.0 i ilIJll(it(_ ttlt- i.hildrtll i,, t ii:i adnt3�;l' of SO;IiC't lllti new j)tltt 4TW 'ill tiiorl' tli�it It­,-,s, And that's a !tleV X1 hu'. .1 :(.'.0f1 it the bt'} 121iii.n,? of t}le _year, r` ?t,('r ��: i;;�'S, t1,ev'r(, ull:g in the pool r:;c(an1 1, it .> ives on theft and pilferage ht't:;.:.. C :)on il%lve S o lei t :ol"tlti'hat we're trying to do is 5t it ; l.:t(- 1.1lcl,l. Buv that 1,110,00 pass and rr t: :�l iL, w.,lh. ;?, t�rt� ith :I j.1r:' and Show it to us. i1i . I:r.t C _ •1a511 w.th tilt' ;..11 t?".ci:t. , hI ii:.',i rl>, t.',c ,)(: ; it ( ir('.v the ,);:',,is . They're going Lt. lit' ;(inf thev}re } t iil,. to be. visible. It's a };rcat program for t 11e: C 1 t We \:;;llt t.o h,-3v(_- a 11 ;'fort' money to hill' more supplies ti t tle. .. -'.'- ', _ e ::' ^: ; t hU a 1 Oi. t` i other things int i,:te ',;st Rea:'}', it s not a r;-ink', to riala, 10 or 15,000, but it's really thc' 1,t.._.;i,itt. nt, t't a `ic ...plus, any child still c'an come usrrd aluminum can anti get in free. No "aiyor, 1 ".: willing to reconsider my motion and 1 t c e City of Miami should t.,n�(�• w',,c aIe not re.>i,,en�s of the , t.0 Lht.• inc:rtr:i::t•, 1)ut no lacre(:se to the residents of the ,irc vc'u St l l i seconding that motion? crrc': All right, lei me understand what we're saving. We're not 25 to 'i5, for ; ourhs . adults are not going to go up to st l' .it •35. Now, non-residents, however, to go for kid: 75C, for adults $1.S0, and for senior adults, rare non-resident. Is that correct? :r.:. YL si r. ]iur. we want to maintain though, that the $10.00 ;in option. t i t hoy w.:nit ... t licy rich' t have to buy it , but we're I!;t 1'.1 t o huy It for re:; f &'ntS only. r: Ar; long.; as it's an option and they have the choice of doing in(1 lit,t 3t)in�;, I have no problem. i crI L. A1.1 right.. Ali wt;'re doing now is increasing it for rt ::t lies. F:11 right., on first reading ... or do you want to do this tr)d second? 38 MIAY 1 5 i a & Mr. Plummer: I have no hrohlem with that. Mr. Lacasa: I have no problem. Mayor Ferre: All rfght, farther discussion? The motion is on first and second, as amended. Read Lhe ordinance. (AT THIS POINT, THF, CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD) A.ti ORPINAtiCE 1 N'I i T1 ED A,' 0Ki)INANC1. AMEtii3ING SECTION 30-5 OF THE CODE OF THF'_ ( iTY C)I MIAMI, FLORIDA, BY INCREASING THE A`IC? N`, CHARC;ED IFOR USE OF THE CITY OF MIAMI M_'NIC:Ii'A,' SWIMMING POOLS AND ESTABLISHING A SEASONAL POOL. CONTAI.NING A hI:;i'L''ALER PROVISION AND A SE1'EI�:ILILI7T CLAUSE AND DISPENSING WITH THE 0' F17ADINtS'AME ON TWO SEPARATE DAYS BY A V011% 01 I:;Yi LESS THruN FOUR -FIFTHS OF THF. MEIMBERS 01: "I:il: C,,)M iISSION Was Con:mis,,inner Lacasa and seconded by Commissioner Piur,:r�t, for ac,o-ptik�n pursuarit to Section 4, Paragraph (f) of the City Charter r.ispc niri: with the requirement of reading same on two separate days by a vote (: nc i less than four -fifths of the members of the Commission AYES: :, :., _ r �. i'?u:nmi�r, .Ir. _f,. 'c•Ill'1' Ar:t.and (-, l:aca-sa Vi ceMavor (,Qev.) Theodore R. Gibson NOES: .WI)c on motion of Commissioner Lacasa and seconded I (: ornm. i -,si oner Plummer, adopted said ordinance by the following vote . AYES: Commissioner. .I. L. Plummer, Jr. Cor-nissioner Joe Carollo Cotr::.isc;iont r Arui ndo Lacasa VicuYinvor (Rev.) 'ihcodore R. Gibson ";ayor Mzourict A. Ferre NOES: bone SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9263 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. 39 MAY 151981 40 1% 39. FIRST AL;D SECOND RLAI)ING' ORDINANCE,: SECTICN I OF ORD. 8719 (SU IARY rt2'+GT APPROPRIATIONK) ESTABLIQ NEW TRUST A"D AGENCY FUND: "SL�L�IER FOOD SERVICE PROGRAM FOP CHILDREN 1981" Mayor Ferre: rake iip .'.(a). This is an ordinance establishing Summer Food Service Programs irr Children, 1951. La�asa moves. , Fathur Second. Mayor Ferre: Gibson seconds. Further discussion? Call the roll. (AT THIS POINT, THE CITY ATTORNEY READS THE ORDINANCE INTO THE PUBLIC RECORD.) Mr. c'lumnur: Call the roll. AN ORDINANCI: ENTITLED AN ORDINANCE. AMENDING SECTION I OF ORDINANCE NO. S719, ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT PPROPRIATIONS ORDINANCE, AS AMENDED: BY ESTABLISHING A NEW TRUST AND AGENCY FUND ENTITLED: "SI'M!"LER FOOD SERVICE PROGRAM FOR CHILDREN - 1981", APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THi_ A_'IO*CNT OF $132,955, CONTAINING A REPEALER i'KVISION A D A SEVERABILITY C!.ALSi' Ai,O i+ISI'ENSING WITH THE REQUIREMENT OF READING THE . 'ML ON TWO SH?AkATE DAYS BY A VOTE OF NOT LESS i L'i-iI 'iiITiOF THE COMMISSION .' , .:.1 rccui c d by Comnisn ioner Lacasa and seconded by Commissioner Gibson, for adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing with the requirement of reading same on two separate . vote of not less than four -fifths of the members of the Commission ;. Ct ,., lssloner J. L. Plummer, Jr. Comnissioner Joe Carollo Commis0 ner Armando Lacasa ViceMa or (Rev.) Theodore R. Gibson Mayor Xaurice A. Ferre NOES: `:one �% -reupon the Commission can motion of Commissioner Lacasa and :.c,nde>d by Commissioner Gibson, adopted said ordinance by the following vote: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Cormmissioner Armando Lacasa ViceMayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre ;� "1%S : hone 1 ',A',CE WAS DESIGNATED ORDINANCE NO. 9264 ',ity Attorney read the ordinance into the public record and th"t copies were available to the members of the City Commission and copivs were available to the public. 40 9 40. FIRST AND SECOND READING OEDINANCE: AMEND SECTION 1 OF ORD.NO. 9199 (CAPITAL IM• PRO'S EMENTS APPi A-TRIATTONS) - PURCHASE OF EQUIPMENT FOR Cl rY-.:IDE: USE (A - i'} •.. T ROLLER. SURVEY EQUIPMENT, ETC.) Mayor Ferre: Take up item 3. Mr. Plummer: Move it. Mayor Ferre: First and second reading:. Mr. Lacasa: Secnnd. Mayor Ferre: its been moved and seconded. Further discussion? Mr. Plui er. Mr. Mayer, I want tr all in this, it looks like an awful lot of money which 1 upold normall) he opposed to. But when this was explained to me, that the investment of this money is going to cut down o- the use of manpower, I think it it a step in the right direction, that our department heads are looking, in fact, for ways in the long haul to save money. And that's why. I roved this motion. Mayor Ferre: Further discussion? Read the ordinance. (AT THIS POINT. THE CITY ATTORNFY cE._`P THE, ORDINANCE INTO THE PUBLIC RECORD). AN ORDINANCE LN I' I TLEA) AN i.i>I1 ;;; (A A c 0 I 0 aD1144CE N0. 9199, THE CI TY' S Ctd'ITAL IMI)KOVEMIENT APPROPRIATIONS ORDINANCE FOR F15CA1 YEAR 1920-81 AS AMENDED; BY REXC I tip; I1 E M 11 C. 2 4 I NA VISTA STREET IMPROVEMENTS PHASE:. I (SO10) BY AN :'lD`nUNT OF $100,000 AND TRANSFERRING SAID AMOUNT TO ESTABLISH ITEM II. HIGHWAY GENERAL OBLIGATION BOND FUND PROJECT CA PURCHASE: OF EQUIPMENT -SELF-PROPELLED ASPHALT PAVER, ROLLER P.ND TRANSPORTATION TRAILER: AND BY REDUCING ITEM IV.C.4 KINLOCH SANITARY 1APROVEMENT BY A;: AMOUNT OF $20,000 AND TRANSFERRING SAID AMOUNT TO ESTABLISH ITEM IV. 1975 and 1976 SANITARY SEWER GENERAL OBLIGATION bOND E:"":D I"R11JECT C.5 PURCHASE OF SURVEY EQUIPMENT -THEODOLITE; AND BY REDUCING ITEM V.B.13 I.AW'RENCE STORM SEWERS PRASE I BY AN AMOUNT OF $150,000 AND BY TRANSFERRING SAID AMOUNT TO ESTABLISH ITEM V 1970 AND 1978 STORM NEWER GENERAL OBLIGATION BOND FUND PROJECT C.4. DOWNTOWN GOVERNMENT CENTER STORM SEWER MODIFICATIONS; AND BY REDUCING THE 1970 HIGHWAY GENERAL OBLIGATION BOND FUND BALANCE OF ITEM IR.C.(i) 2. BUENA VISTA STREET IMPROVEMENTS PHASE I BY AN AMOUNT OF $100,000; AND DISPENSING WITH THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAPS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION Was introduced by Commissioner Plummer and seconded by Commissioner i Ace sa, for adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing with the requirement of reading same on two separate drys by a Vote of not less than four -fifths of the members of the Commission 11 MAY 151981 4' r_j AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) 'Theodore R. Gibson Mayor :Maurice A. Ferre ,NOES: None h'hereupon the ConuTtission on motion of Commissioner Plummer and seconded by Commissioner Lacasa, adopted said ordinance by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carolio Commissioner Armando Lacasa Vice.,layor (Rev.) Theodore R. Gibson Mayor-"aurice A. Ferre NOES: None SAID ORDI,NA.\CE WAS DESIGNATED ORDINANCE NO. 9265 The City Attorney read the ordinance into the public record and n tliat conies were available to the members of the City Commission and copies were available to the public. =•1. : i; i :ti::? '.i:G':D :<i::' )I':G OAI?I`.;a�CI:: AMEND SECTION 1 OF ORD. NO. 4-i9 I::i iiF .` is ::P:' l:�i'::T:'.. 1c1;: FOi, "1'OP. BA - SPANISH HERITAGE S15,000 TO $15,600) ':,,vor Ft. -,-re: TjI,c up item 4. ..!r. Lacasa: Move. �'.:,:,or Ferre: Lacasa moves 4. Mr. Flur,.,.:� r: Second. Mayor Ferre: Piu=.er seconds. Further discussion? Call the roll. (AT THIS POINT, THE CITY ATTORNEY READS THE ORDINANCE INTO THE PUBLIC RECORD). Mayor Ferre: Further discussion? Call the roll on 4. (CONTINUED ON NEXT PAGE) 12 MAY 1 51981 C.- A AN ORDINANCE ENTITLED AN ORDINANCE AIMENDING MECTIoy 1 OF ORDINANCE NO. 8719, V)M1TFD OCTOBER 26, 1477, THE SU11-MARY GRANT APPROP1\1ATION. ORDINANCE, A:� MIENDFD, BY INCREASING T11E APPROPRIATION FOR THE TRUST AND AGENCY FUND IENTITLED' "YORUBA/SPANISH HERITAGE PROGRAM" BY AN ADDITIONAL IN VENUE OF $600 1'ROM $15,000 TO $15,000 FOR THE OPERATION OF SAME; SAID ADDITIONAL REVENUE TO BE PROVIDED BY THE NATIONAL ENDOWMENT FOR THE: ARTS, CONTAINING A REPENLER PROVISION AND A SEVERABILITY CLAUSE:; AND DISPENSING WITH THE REQVIRLMENT OF READING SA.'11IE ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COITIISSION Was introduced by Commissioner Lacasa and seconded by Commissioner Plummer, for adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing with the requirerient of reading; sane on two separate days by a vote of not less than four-fitths of the members of the Commission AYES: Cou=,issioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMa or (Rev.) Theodore F.. Gibson Mawr Maurice A. Ferre NOES: Nu'lle t,'Iiereupolf the Ccnmiistiion on mot ion of Cotnniissioner Lacasa and seconded by Co:r7issioner Plummer, adopted said ordinance by the following vote: AYES: Coin^'iissi�ner .I. L. Plummer, Jr. Commissioner Joe Carollo ('otrmi5:;ioner Armando Lacasa ViceMayor (Rev.) Theodore R. Gibson Mavor Maurice A. Ferre NOES: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9266 The Cit:, Attorney read the ordinance into the public record and announced th;it, copies were available to the members of the City Commission and copies were available to the public. 13 MAY 1 51981 C P 42. ESTABLISH TRUST AND AGENCY FUND: "CABLE TELEVISION" BY APPROPRIATING $25,000, ETC. *Ma or Ferre: Take up item 5. Mr. illumnner: I move to deny as it's written. :Mayor Ferre: All right, Plummer, do you want to explain that so... ;Mr, Plummer: Yes, sir. The reason I want to deny is because it says mere that. we're going to appropriate $50,000. Mr. ;Mayor, the 1,,50,000, in my estimation is not necessary. The fire that was selected came in at about $3,000 an application. That's a total of $15,000. L1 %ou say in an ordinance that you're going to appropriate $50,000, vcu're going to spend it, and I'm not going to spend it, We only need roughly 15,000 for the 5 applications, an additional 5,000 for cxMlenses. I would say that it world be fair to establish it at 20 to �25,000. They can transfer the other monies to the General Fund, especially ^�r�c the 9,000 that was stolen from General Fund to start this thing in the beginning. There's no provisions. -,,•c r Ferre: Mr. "tanager. ` I . ��al : I can live with that. Ferre: All right, is it 20 or 25, Plummer? Make it 25. :Mavoi 'r,rre: All right, the motion is that instead of 50, cross out .;,d titute 25. Read the ordinance now. rlununer: And the $9,000 that was taken as seed money from the Fund be reimbursed. 1,1 ...:.vor Ferre: Reimbursed. All right, now this is moved by Plummer. Whc seconds it? Mr. Lacasa: I second it. 11 ..r Ferre: All right, further discussion? Call the roll. (A7 THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD). N1.-t o r Ferre: Call the roll. (CONTINUED ON NEXT PAGE) 14 MAY 1 51981 o I r AN ORDINANCE ENTITLED AN ORDINANCE ESTABLISHING A TRUST AND AGENCY FUND ENTITLED: "CABLE TELF.,VISION" AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $25,000 CONTAINING A REPEALER PROVISION AND A SE.VERARILITY 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 Lacasa, for adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Lacasa, adopted said ordinance by the following; vote: AYES: Commissioner J. L. Plummer, Jr. Cor:unissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore R. Gibson Ma"'or Maurice A. Ferre NOES: None SAID ORDINtM;CE WAS DESIGNATED ORDINANCE NO. 9267 The City Attorney read the ordinance into the public record and announced that copies were available to the members or the City Commission and copies were available to the public. 43. I*R(;E ClEY RESIDENTS TO CO*':PLY WITH PROVISIONS OF COUNTY ORDINANCE 91-54 CURTAILING NON -ESSENTIAL USE OF EATER DURING DF.CLAi?F.l) WATER SHORTAGE EMERGENCY Mr. Plunrner: What about 5(a)? Mayor Ferre: Its been withdrawn, Mr. Plummer: No, I don't want it to be withdrawn. "layor Ferre: Okay. Mr. Plummer, the Chair recognizes you. Mr. Plununer: Mr. Gary, in watching; television last night, it is very ubvluu5 that they are looking to the local municipalities to impose their own ordinances. Now, how long are we going to wait before we join the conservative move that is absolutely necessary? Mr. Gary: I discussed this matter with Assistant City Manager Grimm thir; morning, and we're under the impression from the Law Department, that the action taken by Dade County is applicable county wide. And wo have submitted copies of that ordinance to our departments to assure 15 ". 1 1DlAi M Or f Mr. Gary (continued): that we are conserving; the water. Mr. Plummer: Well, I would like something, before we leave here this afternoon, to assure the people of this communit•: that this Commission is concerned about the conditions existing, and that we .:art to make cure= that necessary imposed regulations are g>ri.ny; to ee this thing Lh—ou,g;h so that we can do our part in .assuring; t;:at we're going to have a good water supply. Because what I heard on t.v. Last night was that the water Conservation Board is looking to local to establish their own regulations, hopefully, in cor.gpiiance with the latitudes that they have put out. And I would 110PC this City would Tint be derelict in its duties to its citizens to protect a very vc+luable asset. Mr. Gary: We'll comply with that request. '!~. F'IT 1,10: Mr. Manager, Mr. Manager, may we ha•:e something in writing, >>, t:,e iorm of a resolution that we will be complying; with the County .,rdinance, that it will be in effect, so that it can 1—c clear to our t ;..ens .. . Mr. Gary: Yes, sir. ...that that ordinance will be in effect in the City also. Xr. (•are•: Yes, sir. r 'c,rre: All right, call the roll. Plummer: No, there's nothing to call, Mr. I:ayor, until they us with something;. We gn now to i CiT'i '1::AGER TO REVIEW' A ;D REPOR i i-;: ! I F IC;ATES OF PUBLIC CONVENIENCE AND i HCLSS I'I'Y FOfi 'ItVK1 C ABS Mrs: r FLrre: We're now on item number 8, this is the taxicab. Lacasa. Mr. Lacasa: Mr. Mayor, I'm bringing to the consideration of the Citv Crrtmission, a resolution asking the City Manager to conduct a review :nc rt-port to this Commission on the question of the City taxi policies. For ^.;3n,' years, we have been theoretically, regulating the taxicab At this point, we have certain breakdowns in the services, and what is even worse, we have continuous complaints from the taxi drivers themselves that our licenses are being used for rneculative Nurposus. And I for one, believe that if the City of Miami issues licenses, it should not be for speculative purposes, but rather that ,`.;c get the licenses should be the ones who do the work. In ttLr ,:--rds, I'm against having one individual controlling 'Y' number of licenses and then making a profit out of those licenses by virtue of extracting "x" number of dollars every week from taxi drivers who are the runes who do the work. So basically, this is the concept. At this � wh::t we are doing is just asking the City Manager to make a and get back to the City Commission on this. So I move I t ci,; i,ur;ber 8. .1.1y'01 c.•rre: Is there a second? Mr. 1,111mmer: I will second the motion, Mr. Mayor. And under discussion, f ++v+r have any objection whatsoever, for reviewing or studying, or u.; tip to date to give us more information. But I want to tell C -mi.;.-;ion that I am going to be very guarded in opening Pandora's -ee in a parallel of the liquor licenses in the State of 16 MAY 15 1981 4F r Mr. Plummer (continued): Florida, handing these licenses out indiscriminately creating more regulation and more beaurocry to control and regulate than what this City can stand. I have no problem with the review, and the study, and an update to keep this Commission informed. But I just want it to be known that my vote for the review in no way is an indication that I am opening up Pandora's box. Mr.. Manager, when this matter came up before, and I want you under no uncertain terms, to instruct the Police Department that they are not to immediately start accepting applications and $75.00 checks. That this in no way is an indicator that there is going to be an expansion. We are merely reviewing the situation. You recall maybe what happened before. Word got out on the street that we were going to be making some changes, and immediately, the Police Department was flooded with $75.00 checks. So, I'm saying to you, that in fact this is not the case of what I'm voting for. What I am voting for is in information purposes only. Mr. Lacasa: Now, Mr. Plummer, that you mentioned the fact of the liquor licenses, I think that that is a very good example. After so many years of the State allowing itself to be used as far of the liquor licenses were concerned, also for speculators, with a license that is issued that the State, now I read in this mornings paper, that very drastic changes are being made, and that the so called pocket licenses which as been one of the major areas of speculation, are going to be discontinued. That there is going to be a lottery system it. the State as far as licenses are concerned, and this goes to prove that a regulatory agency issuing licenses for whatever activity might be, should take very careful consideration of the impact on the citizens. And that is precisely what I am trying to do with this. I am trying to have the people that really are going to be working being given the licenses, and not speculators using the licenses of the City of Miami for profit purposes at the expense of those that have to do the work. Mr. Plummer: Mr. Lacasa, I want to tell you sir, that when I served as this Commission's representative to the State Tax Revision Commission, there is a very simple way of stopping that, whether it pertains to liquor licenses, or cab licenses, or other regulated licenses, you prohibit transfer. Mr. Lacasa: Good, that might be a solution. Mr. Plummer: Rest assured that that will be taken into consideration. Mayor Ferre: Further discussion on item 8? Call the roll. The following resolution was introduced by Commissioner Lacasa , who moved its adoption: RESOLUTION NO. 81-426 A RESOLUTION INSTRUCTING THE CITY MANAGER TO CONDUCT A REVIEW OF AND REPORT ON ALL EXISTING CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY ISSUED BY THE CITY COMMISSION FOR TAXICAGS AND TO CONDUCT A REVIEW OF AND REPORT ON ALL TAXICAB PERMITS ISSUED BY THE CHIEF OF POLICE; FURTHER INSTRUCTING THE CITY MANAGER TO REVIEW ALL PROOFS OF SELF INSURANCE OR POLICIES OF INSURANCE REQUIRED TO BE IN FORCE FOR EACH VEHICLE USED AS A TAXICAB UNDER ALL OUTSTANDING CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY (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: (CONTINUED ON NEXT PAGE) 17 MAY 1 51981 7 AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Commissioner Joe Carollo Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSEN: None 45. VOID ANY PREVIOLS NEOGIATIONS WITH SEAESCAPE OF MIAMI, INC. IN CO,NNI'CTION WITH LEASE AND OPERATIO;� OF BID PARCEL "A" IN THE '•tTA`lI ?t<�RINE STADIUM DUE TO A CONFLICT OF INTEREST FINDING BY C ll-i ATTORNEY Mayor Ferre: Next item before this Commission is item 13. Now this deals with the conflict of interest with respect to Mr. Leslie Pantin, Jr. representation of Seaescape of Miami, Inc. Mr. City Attorney, would `,r Lhe record, give us your legal opinion as you gave us the memorandum previously. Mr. Knox: Yes, sir. Based upon our review of the facts and circumstances cnnrerning the designation of Seaescape of Mir;,' t., participate in contractual services with the City of Miami, we have determined that one of its principles, Mr. Leslie Pantin did in fact have a conflict of interest. Where there is a conflict of interest, the City Commission, r;t its descretion, may declare all transactions which were entered 1rr and br-Lween the City and that individual during the period tke ccz-iflict void. And in order to do that, it's necessary to adopt reso1:tion which would void the transactions which have taken place City of Miami and Seaescape of Miami, TT-,,. Tl,at resolution in ,,our Racket. Terre: All right. Now, are there any questions as to the legal :ntet�retation expressed by Mr. Knox previously in a memorandum, and iiow vcrhally before the Commission? Are there any questions? Mr. Well, excuse me, Mr. Mayor. Mr. Knox, as I understand it basically, there are three alternatives. One, four -fifths of this C r.Lmssion can... ''::V01- Ferre: We're going to get to that in a moment. After... !'ir. Knox: In any event, I can explain it a little further. In any cvk.,nt, all transactions that have occurred to this date must be avoided. In any even. Mr. Plununer: Void. Mr. Knox: Void. Yes, sir. Mr. Plummer: What if there are no alternatives? .i,. ,.0 .,. Well, at that point, then you have alternatives relative 10 whether or not you will... Mr. Plummer: Well, is that a Commission action? "tt . Ynox: Yes, sir. Ferre: It requires a four -fifths vote. So that ... we're not there ti'vt. We'll be there in a second. My point now... is MAY 1 51981 Mr. Plummer: No, excuse me. Excuse me, Mr. Mayor, that's not what I understand. What we are doing here now is formalizing the voiding of the prior contract. Mayor Ferre: That's correct. Before we get to that, I'm asking the Commission if there are any questions regarding the legal interpretation as expressed by Mr. George Knox, City Attorney for the City of Miami. Now, having heard no questions, now we are at the point of either waiving by a four -fifths vote, which I will ask if anybody wishes to make that motion, and then after that, we will have a motion to void. Is that the legal procedure, Mr. Knox? Mr. Knox: Yes, sir. Except that I might point out that in any event, you must void. After you have taken an action to avoid the prior transaction, then you can entertain a motion to waive. Mayor Ferre: Of four -fifths. Mr. Knox: Yes, sir. Mayor Ferre: Well then, let's start with first things first. Is there a motion? Mr. Plummer: I'm lost. You're telling... what... if we void the contract, what does the four -fifths motion hope to accomplish afterwards? Mr. Knox: Okay. In practical terms, what you're doing is in effect erasing everything that has takne place. Mr. Plummer: Period. Mr. Knox: Yes. And then if you chose, you can go back to point one, and exercise your preference for having Seaescape perform these services by voting to waive, if that's your choice. Mr. Plummer: But then you've already voided. Mr. Knox: But what you've done is...yes. And then you go back as if you have awarded and they're number 1... Mayor Ferre: What's the difference? Mr. Plummer: Okay. I think it's immaterial. Father Gibson: I move, Mr. Mayor, that we void, that we cancel out, get rid of any action that we have performed up to this point with on this business. Mr. Plummer: Well Father, I think the proper terminology that... Father Gibson: I mean, on that Seaescape contract. Mr. Lacasa: I second the motion. Mayor Ferre: Mr. Knox, are we following proper legal procedure now? There is a motion before us that we void the previous negotiations and anything that has occurred on Seaescape of Miami, Inc., as per your legal interpretation. Mr. Knox: Yes, sir. The resolution that you adopt provides that the following action is hereby directed to be taken in order to dispose of the conflict of interest with Leslie Pantin's Jr, representation of Seaesacpe of Miami, Inc. regarding the leasing operation of Miami Marine Stadium. The selection of Seaescape as the firm with whom the City Manager was authorized to commence neogitations as to the lease and operation of Miami Marine Stadium pursuant to Resolution No. 80-854 is hereby declared void. 19 MAY 151981 Mr . . . -, . Mr. Knox... May0Y ''cl re: Is it clear what we're doing now? its been mnved by CP • h , rc onded by Lacasa. 1 just want, under your iil,mo, Tyr. Knox, V M y the 6th, ] ::i_;il that legal opinion, rather than "uy c r& tpstisnny here ton :,,,n4 in which it says either can he _cone. You're c ayinf: here i,.,? t [ It 's not the case. It's immaterial. Plummer, let's not split hairs. ,., ,,.; Don't have me doing my homeworK for n reason. *, Further discussion? All right, Mr. POntin, the Chair it - .ou. vt . , i Pant in, Jr.: When we first started this, uc carve to the r i t the issue of conflict of interest was brc,u ,m u; before this • . , and an the record, it was stated that Lh T k wav no conflict '"wr,nz at that time. The second step, there was a request, I think (Abson, for a written opinion, for the City Attorney saying t':,re was conflict of interest, or what have you. The opinion there was no conflict of interest until we were ready to sign And at that time, I had to resign frrm Civil Service, -ol f or ask for a four -fifths vote of the Cot::r^isnion. Fine. l�u ;-,nd appeared before the Commission. 1 did, on behalf of cording to the information that we 1-over ything about the �uryzhing In the public. Then, they ... i,2,wd us that: that was �• - 12 that my appearance before the City Comri scion based on that that written opinion, was something wroni , what have you, everything we did. I'm lost. You know, what else could I thl: case? ',Ir. Pantin, I think the problem is the complication of Ws, , as I understand it, the City Commi s.si nr , in these areas „r ' JLrgal questions involved, have alwa_ n. at luabt for the. t"st I've served this City, 11 years that I've served the City, h:. reconanendat ions of the Law Department. 11 ... • , :.. So did I. Now, your question is really directed at the Law Department, nave to ask Mr. Knox if he wishes to answer on the record and nis confusion. I'll .just indicate that there are 2 separate considerations :i_-tter. The first involves a conflict of interest as to the .-I. The second involves a violation of our ordinance which provides ,rson who is employed by the City of Miami may appear before : C.mmission on behalf of another. And if an individual does so "11,,i, then our ordinance provides that any such contract, agreement, entered in violation of this section shall render the Vion voidable. Our research of the record indicates that on 9th, 1980, October 30th, 1980, and November bth, 1980, Mr. i,: „.:s present on behalf of Seaescape, and did in fact appear on `�,y 9th, 1980 before this Commission on behalf of Seaescape. At ,,NwAt in time that that occurred, the violation of the ordinance And the ordinance further provides that there's nothing; that tan do to cure the conflict which existed at that time. :::till: I am not denying I appeard before the CoaLmission that time, 1';:, :,ayinb that I appeared before the City Commission after the ',ttorney's Office said in words here at the City Commission, in that it was okay to do so. I agree with the ?Mayor. I go by it tnc City Attorney says. Well, Mr. Mayor, ya" know, I think something has to be We're not ignorant. I don't think anybody around here is 50 MAY 15 1981 4W Mr. Plummer (continued): ignorant to the fact that Mr. Pantin has been and served honorably on the Civil Service Board for a period of time. I guess really, the question has to be that if there was a conflict, I don't think anyone around the Legal Department, or this Commission can say honestly that they didn't know that Mr. Pantin was a member of that Civil Service Board, and as such, a member of the City. And I guess the question is why is it, until the very last minute was something then said? It should have been obvious and aware to the Legal Department that if in fact there was a problem, there was a problem. Now, that doesn't placate, of course, the ruling of the City Attorney. You know, it just... I don't know. There's no question in my mind that what you say is true, and maybe I'm just as guilty. Mayor Ferre: But we all are. Mr. Plummer: That I should have said, hey wait a minute, you can't appear here, you're a member of a City board. You know, maybe I'm wrong. I don't know. But if I'm wrong, it's because someone that I pay to advise mo le -,,.ally didn't advise me of this thing in the law. And I think that really that this whole thing has just been bad news. Father Gibson: Mr. Manager... Mr. Plummer. The one thing I don't want to happen is that a reflection back on Mr. Pantin who has served honorably on that board. Mayor Ferre: Amen. Plummer: He was honorable in all his dealings with this Commission as it related to Seaescape. lie came to all of us and discussed this matter. Now, I don't want any reflection in any way to go back, there was anything sneaky, or secretive, or anything, because this man was right up there in the front at all times. Now, I think it's most unfortunate that this has,come to this point, but that doesn't alleviate the problem of the legality that says we've got to void the contract. But I just don't want a reflection back on him. *savor Ferre: Plummer, 1 understand your position. I think we all car with that. Certainly this is no reflection on Leslie Pantin Tr.'s integrity or position. I think he ... I completely agree that he has served diligently and with a great deal of honor and ability the City of Miami. And I think it's most unfortunate that he finds himself in something that anybody would in any way misconstrue. I'm sure... I hope that he understands that we know that there was no poor intent here. And I'm sorry that he's been subjected to this rather unfortunate series of mistakes. I think if we had known our legal position a little bit earlier, it would have avoided an awful lot of gnashing of teeth. I want to personally apologize to you, Leslie, for that on behalf of the City. I don't know that we can do anything else, legally, at this point. Now, is there anything else, anybody else wants to say? Mr. Caroller: I think you stated it all, Mr. Mayor. Mayor Ferre: All right. Then, let's call the roll. (CONTINUED ON NEXT PAGE) .s The following resolution was introduced by Commissioner Gibson , who moved its adoption: RESOLUTION NO. 81-427 A RESOLUTION CONCERINING THE DISPOSITION OF TH'c; CONFLICT OF INTEREST WITH LESLIE PANTIN, JR.'S REPRESENTATION OF SEAESCAPE OF MIAMI, INC. REGARDING THE LEASE AND OPERATION OF THE MI:V-11 MARINE STADIUM (Here follows body of resolution, omitted here and on file in the Office of. the City Clerk). ,t,,,n being seconded by Commissioner Lacasa, the resolution was and adopted by the following vote: : Cormlissioner J. L. Plummer, Jr. Cr,;:missioner Joe Carollo _ Corinissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre :IIi.: . None i :; G ROLL CALL: i_:ro: All. right, now, I'm going to ask you so that we comply aI questions toliat might arise, is there anybody here i s ? a fo•sr-fifths vote to, what's the wording, George? %es, sir. If you ... this can only be done after a public So if it's the will of the Commission... Terre: Is there anybody who wishes to call a public hearing f,r ?I,k- purposes of by a four -fifths vote ... what's the proper word? ..I , V-?r;x: Waiving. .,.rr0: Waiving the conflict of interest? All right, hearing none, .a .)roe: eed then with the process. All right, sir, you rise for t .rpose? hn Thomas: Mr. Mayor, could I speak to this issue? i , r Ft.rre : For what purpose? With relation to Seaescape and Marine Stadium Enterprises. Ir(•: You want to speak to what? .A. i'hutnas: i understand that the Commission now has voided the ,•ti j: Lit ions up to this point and I'd like to speak to future i;, :,.,, !,it ions on this issue. .•. r: It's out of order. ,t 1.,:1 !'.,rre: I think that... X'I,. ih,unas: This has to do with the four -fifths vote... Fe•l rt•: No. No, no, no. Let me clarify where we are. The t .;.. • ,i,�: has voided. I asked if anybody wanted to call for a public !: ;ni,, for the: purposes of by a faur-fifths vote waiving. There ,f;Ch motion. Now, at this point, there is no purpose for you i . 1' 1.,C [WCMISE there is nothing before the floor until there is a 52 MAY 151981 a r, Mayor Ferre (continued): is a motiOTI of some sort, and then I would recognize you representing your client to discuss this item. At this point, you're out of order. Mr. Plummer: There's nothing; to discuss. Mayor Ferre: All right, now, is there anything else that this Commission wishes to do on this item at this time And then I'll recognize you. Father Gibson: Mr. Mayor, members of the Commission, I want to thank the people who write the neighborhood article which pointed out that way in 1980 I brought this matter to the attention of the Commission. The people who wrote the article about 2 days ago, did not tell the whole story. The people who wrote the neighborhood article told the whole story, that Gibson raised the question way back then. All right? because we did not catch it and because you thought I was a slow learner, is not my fault. I say now, I said then, when I know the law 1 intend to keep the law. A professor of mine taught me this: if you don't like a law, don't violate it, work and change it. Any of you who have known me for any period of time know for a certainty that I have not only lived that way, but I have acted that way about laws that pertain to living in this cc_antry. Now, I believe for us to want to hake an exception, the people of this community will be in total t.:rr r. I saw an editorial in the Miami Herald about 2 days ago. Now, you know the Herald and I are no buddy buddy. But the Miami Herald was pointing out how it seems to be rather difficult to respect those of us who hold public office because we're always ... I would hate at this point in time to make the Herald tell the truth. I therefore, suggest to the members of this Commission, you have heard the 3 alternatives we may pursue. Number one, four -fifths of us say, hey man we're going to want to do business with this man. I know dogg;one well you can't get four -fifths vote for that now. Otherwise, the public will eat us up, and so will the newspapers. Number two, under the law, the next highest bidder is entitled to the contract. All I want to know from the Manager is, since you have interviewed these 3 different companies, do you believe that we are getting a fair, and equitable return on City's property and investment should we go to number 2. If that is the case, you have my commitment for a motion to go to number two. I don't care who number two is. Now, answer that for me, Mr. Manager. Mr. Gary: Mr. Commissioner, by law, we have to proceed to the second bidder. With regard to the final agreement that may be reached, it would be a negotiated process. Fattier Gibson: All right. Then, Mr. Mayor... Mr. Gerstein: Mr. Mayor, Richard E. Gerstein on behalf of Marine Stadium Enterprises. May I respectfully call your attention and the attention of your fellow Comissioners to resolution number 80-854, adopted on November 26, 1980 in regard to this matter. The third paragraph of that resolution reads as follows: Whereas Marine Stadium Enterprises, Incorporated and Miami Promotions Inc. have made proposals that will provide lesser but acceptable revenues to the City, and acceptable uses of the site, it should be negotiated with In that order, should negotiations with Seaescape of Miami, Inc. prove unsuccessful. So, the Commission has already taken a position in regard to Father Gibson's inquiry of the City Manager. Mayor Ferre: There's no action needed is what you're saying. Fattier Gibson: All right, fine. Let's move on. Mayor Ferre: No, I'm going to recognize... Mr. Plummer: Well, let me understand, for the record. Mr. Gerstein, what you're indicating is that it is an automatic situation that rile number 2 company is then into the forefront, or to the first consideration. But that... 53 •'v 81 �J I 1hat's the resoluti-O i Yes, sir. But lat'n jVaC1h:_1A 5 r Th"t is 1• f " I , , 01 .:ourse. :%k­,! are in t hn -liculd be nispintiaLed. That's not my f car ny funr V., 111 rCLAII, that ii, i ached to them weria a do 1 i ar : i r, � , w , Wse f i gores hold true. His ne"OKO 0. Lt says should be negOVWL-A. !iKr!5LAvc -joh other. k': All right. Now I'll roto4viine -ir. ...as. : Mr. Mayer, Ccizu:-ii -,�s _,= r. . I Mrinv Biscayne which is an int,rov:ra ;c� i w UK City %cry close by in Marini-, :U lcok&6 at a technical Violation of W conflict f inverust rules ­retvd ny the City Attorney. it r-MAK., tha'', [i­ a corporation, remains to 11 mv . cijl Kv the conditicnci U, oy-4iv,! hiwhich wan rhe i!2 "rlcr a CotlpetltiVi Pjaalnn 7hcv war- chosen Q bV KV niami ValLyly In thi!, 0". It wk'rc tZhi-Mg ab,,L 0 1 .1 i t n of tht, Va h> 0 Vutc to still �!.L Vid, that MOMS n� V Q, bowl, inturuht 00 IK j4d • 0A LO-ViCal VUIaViOn JN "L C4�:, 1 U1, Ut Public !hu Lnp bidder getting t"i aW"rd .1 UL bid. OU r wnd 0 j a K c r, Ya i i n, i Y-!vryrinis has had with nuivk- i" M cur :y : ". AQ wQ ;ivthcr ditficultien in tilt' !,turL Harine Stadium y mo Stadium Enterprimes. We 1YU COMCrULK al SO that there : iv-rAble iw�rs by mcn t :� c: LK 00:M! ­ ' 14 1 " ,t"aiwn hi-iticrPrisun. Ak,iz7zllun, we believe 'Wivin bidainy proceFs is Qu zopur wjy to handle such a If Lhere is any favorLivk, co;npctiti:,idding is LK .:!.y ony Ways as to inpropriaty j"u �wiyj of bids. Sesescape the bust bidder. Wt ! . 1 t il , .11 :it least A cLance to come forward and nh-u th:il 1W V Still are the -or today after satisfying this tv,W;n'_ difficulty on the of interest. I would also ask if this inUrpretation of the relates to the situation hvru Way, Will it also 7? zhu situation later today wnen Tom Fust comes before this .',o is a member of a City board, and ask tor his party to he contract for the Miamarinas. Please, if you're going to do it o!'Sistent later in the day. I Mr. Mayor... Excuse me, Father. I think we need —let's do it in Yd,r. Let's get a clariticatity. Mr. Kncx, 1 think in the _i. iWst, Mr. Post serves on the Tlowntowh Dovelopment , n"ving heon appointed to tha po,3ri,, within Lbo last w�"Ihs. The DDA has no uompen,acion. in this a similar '''X: Mr. Mayor, the key to the question of conflict of interest in-OVU the question of whether or not th, indiviKal Is being ,."ntwd for whatever services are being run6,iod on behalf of I v. l'-fle: So therefore, in other words, it's your niter} reLaLion MAY 1 51981 A ,-N Mayor Ferre (continued): in the case of "`:r. Post ... does Mr. Post have a proprietary interest in the marina contract? Mr. Gary: New World Marina. Mayor Ferre: Now, you're ,;aying th.it bemuse he does not get compenstated it is not a similar situation? All right, now then to your other question. Does anybody want to address that? Mr. Plummer: Mr. Thomas, let me first of all., sir, risk you who are you representing? Mr. Thomas: I represent, as I stated initially, Marina Biscayne, Inc. which is an adjacent property owner nearby in the Marine Stadium, and we also made a bid on par�,el "b' w1j o, is a piece of the property at Marine Stadium. Mr. Plummer: Can I ask you wily vou1: app,2aran--_e here today is in favor of Seaescape? Mr. Thomas: Because we "t," and we feel like there is some difference between our marina and our next door neighbors, Marine Stadium Enterprises, which would be —we've had our continuine differences, as you know, c:urinf• A period of. time. We feel these differenco would be aggravated by Marine Stadium Enterprises becoming t:«: aucccssful bidder on the Marine Stadium property as well. Mr. Pluter: 'Mr. Thor:as, hiss ycl:r pan} , the people you represent purchased a part of Seaesca,-t• :' Mr. Thomas: No, sir. Mr. Plummer: 111ey h;r:t• lip' `Alarl'S, or 1-10 t inrinCial interest in Seaescape? Mr. I'liomc:s: 7t1at's „•1 T.cct. Mr. Plummer: Thank you. Mr. Gerstein:"t:. :::iynt, ielluw is rrlissioners, what they do have is an interest in lit.if;aticn ,ripainst -my client, Mr. Hancock and Marine Stadium Enterprises. And I think it's very improper for them to be up here trying to radvoc.tte certain posit iolls which they are taking in their litigation, before this t:ommitsion on huh alf of a third entity. Besides that, I believe that you closed the matter by following your City Atturncy's ac!V4Ce in determining that you could not award this contract to someone who had a conflict of interest pursuant to the provisions of the City Charter. With all duc respect to Mr. Pantin, I regard him as a very fine citizen of this community, but you have voted, and the matter should be closed. You ought to proceed on to other business. Mayor Ferre: Is there any further statements to be made to the Commission. Mr. Thomas: May I answer that, please? Mayor Ferre: Briefly. Mr. Thomas: Very briefly. Mr. Mayor, you apologized to Mr. Pantin. I don't believe anybody on the Commission will say that Mr. Pantin influenced this Co, -mission's award to Seaescape originally. Sca�cape, as I understand it, is still willing to go ahead with the . terms and conditions as ti.ay won the bid on originally. For the City Commission now to say that h:aescape is not the best bidder on the Marine Stadium contract is a violation of the public trust. This is not what's best for the public. The situation remains the same as it did w11t-11 :lr. Pantin was involved as when he's not involved. Seaescape i� the best bidder on this piece of property. �rJ MAY 1 51981 Father Gibson: But, let me say this. W-wns . , ..., . , , , ,i n-' t.other sent me to school. And in the process of sendin}: me. . w- t" iaw school for a duty or two and I'm not prepared to to 1 i you why i d ; dr ' t finish law school, but I learned this. That that law' that we 're dealing with is assume and presumes. That if you are a paid etnp la7cp of the City, you work, you had some knowledge, preferential knowl ,'.: e 02t- rnbo:iy else had. "That's wiry they made the law. And to till me I muFt so on even when I find out that there's a conflict of inturast and do business as usual, you must: think I am a fool. I would ': �i' i , that you would give me credit for having a little more qunyc t1::-n t at , and th t you would want to respect Theodore Gibson's dignity a little more than you havu shown a willingness to do. Now, I undurstnus. I'm not prejudice. I nailed this to the attention of the people earl. No;:, what you aren't n 1' ins, is that maybe there was some prejudice; prim,- to now. nh yeah. oid therefore, and therefore, we are where we are. Now counsel, you know I've becn and walked ever the land. You were the :>e~:or who showed the wh6t 1 know. Isn't that true? Mr. Thomas: Yes. Other r:ibson: All right. Right. Mr.Thomas: And I appreciate your coming to look at the situation personally. Fathcr Obson: And all I'm saying to you, I didn't know Any of you prior to my -fng. I don't know you now, Apart from thy' man that Mr. Gerstein repro,hents who has been here 3 4 or 5 times saving of his interest, I would not hail:•: that ? other parties. I'm saying to you. that 1 are too old, I h +," : >o much invested in this communitv. I am a native. And note OLL : in every morning when I pray. "I say l.... '.. !w a beautiful day. Fis is what I said this t ...tl morning, trip ., to kc decisions... n l:, h, F us to live in the light cf thu bcnut lip.' d as to make decisions , =":lsur"ty with the beauty of the day LLOL w('•nlli be in the best interest of the people, Sir, I want you to We that: 1 r,_ bunt even the inference, t.. ..:i in ervnce. 1 just want the l;i'+: trj' vi,-.. ii 1 let you co that. now with ..,;- law, it is so east' for ynu to ao it in ono.hor... some Other instlnve. An i matter of fact, you have alrvaLy ailudud to another. 0o you I,,M Zhvr that? You have alludes: to soother. ZAoro's what I wa.:'_. . Co. Two dcongs don't make no right. And if Vvv nacn goiil�; tr iigAt to hell before, I now want to torn moonc no qo to heaven. mr. .,...::a:,: Father Gibson, T. believe the City Attor"vy will sat: that %1,: I'm asking is not against the law. ': �yor Forre: That's tine. 7,,_mas: I'm simply saying that let's ,lyar up the legal technicalities Q._ tnve arisen and choose the best bid,; ei. And if the best bidder on or ppLitive standards is still Seaescape, please gn with the best bidder. Thank you. Xovor forre: All right. Mr. Thomas, Mr. Gerstein, unless you have sosct'hing new to add, I... Mr. Kerstein: I don't want to belabor it except to suggest to you that s"r.,i "Ic ought to raise a point of order that this matter has been nor:lndod by the Commission. Mayor Ferre: Right... '':, . i' i ,,:tutu• r : We 11 , Mr. Mayor ... P',.,•.'„r i crrv: I'm ,just:, out of courtesy to the peop'_e here, letting them m"Vc their statements into the record. We're about almost speaking after this lady speaks. And we'll go on to the next subject. Yes, ma'am. tt :.. iit- It n White: My name is Helen White, 340 Atlantic Road. I'm 'l.oninq Director for the Key Biscayne Property Tax Payers Association. i Li:ink I would like to speak from the heart like Neverond Gibson, too. I trunk we have, really, a prematp_e situation herd. The Rickenbacker 3n. 6 WAY 15 19131 Mr, 1 4; tc (,Air hoiiies Pre— C,,=ii s s ion is TW7 I% T 4f t il=, an engineering stud,, on i,w,;Jnf,ering Scienc(-, which is k-] J i a t e1 N'. 'lat real )y nothing should be done V: I i1:1 cm-p I e t erl by the Prot f s A i I --i d tl, the causeway that 9isravne, to the f 11,—L C,,Tle t-o our shore. is nly my eult) t that are presented tier, L t 1) i 1;i,tO ljs. before we move tor- made here today. Th ,!r - �* i I;"L, - 'a . - r . . . I ' in trying to I i•-- tlh,2 ari:v arina Biscayne. Vi,.•w Unlimited t L: 'i k,, to look. into the matter that h,-- - i was of lorded an take advantage of that T1 r rierr, they through me out, which it .)I-, I they didn't know who T was... a' c y (', u over. ):o was on a bicycle but . . . . with A t an,i all. that kind of stuff? :i pcd.",- type of bycycle. Your kind, I : e CI ty of Miami operates the n 1.:i r t j a rl 4, 1w.,ve it coming up on the 5th of 7th, Olat t'pe Rei-,ctta will. be takitig place —ho city derive,; rovt,nue from the. tickets that are sold. As 111)0r1t2V. Biscayne' Marinas is now, in tlic, 3n,i h:-,vo in the past, doing something --it icii ghat is City dollars. They are selling i ;nt i- area for the purposes of viewing the races. That's the ire I think that's wrong. I think it's , C that's nnaj)er �ne. and I hope you will look into that that doesn't happen it, the future. The second... 11junullor, m,ly I to 01,30 :It a I k' I L1,1 t A talk with the Manager about it. L I Td 't—S of what has been done here today, ir, .1;1 !I-' in boat storage business. The City recent-ly been impounJing a lot of boats for illegal activities. Wt. ;,I t t(dd r,t thiit the Pound (JOW11tOWU is bulging at the seams because of I --st problems. We, the City, derive revenue from storage at - r I r 1, T-1 I li, 'S. I woul'; ho,( ter. Gary, that you would alleviate ,�f the Police of the storage of these boats and at Marint! Enterprises, or some other place t --irhei 11 I - I r t, V 'I- n u e i r-oru , aliki get some of that revenue into the City MAY 15 1981 Mr. Plummer (continued): of Miami and relieve the problem. The Police Department, in my estimation, can just as easily store those boats over there in empty spaces, the storage to he paid and the City get a percentage of that storage, as they can to jam underneath that expressway and not li eve ;torage available for the purposes n4- autr!-Iiol,iles, which is a crying ritcd today. I hope you will investigate that matter and report back to this Commission, or if necessary, iust direct the Police Department to in fact use that so that the Citv can c_et s e dollars ont of it. }':.ether Gibson: Mr. Mayor, let me raise a conjectual question. Mr. i'lurT.,er: Wait a minute. What is conjectual question' iathcr cibson: Come on, man. You went to school just like I. 'r. Plu=ier: Well, you have to shuck and jive with me, FAther. I don't understand. •.or •erre: All right, is there anything else? rather Gibson: Yes, sir. Mr. Mayor, I would hope that the proper person or department will be instructed to go over on that key and survey you know, survey the land. Survey the land so that in the future only persun:; who are supposed to be on ... starting at the bridge traveling eastward 500 feet will be on that 500 feet property. And that only pL1�)h1t hey -inning at the next point travel ine, eastward travel will be on that piece of property. In other words, vo>>'.:.��; I perceive having gos:c over there, that nobody really knows whc:e his piece of land begins, nor where it ends. And, we have some ... I don't know about now, but 1 ki,ow when Mr. Grimm used to head Public V;orks, you use to be over Pul i c t•;(,iks, isn't that right, Mr. Grimm? They had some doggone good ..; r:> there.. And I would hope that ;-ir. `iana�;er, I don't know, through the Manager. How long; do you thing, Mr. Grimm, it wii taiCer to get the necessary instruments over there and describe the from one point to the other as to where one. marina is, and v`,orc the other is, and where the other is to be? rir.a: Next week soon enough? c;ibson: Next week. Mr. Manager, I want the report on the for the next meeting. Since it could be done that quickly. ;o - Fe:re: Is there further... ..r. Plummmer: Mr. Mayor, not for discussion in relation to this point, wo;,ld just like to report to this Commission that I attended yesterday, Ole press luncheon for the Unlimited Regatta. And I think that the .o,mmission will be happy to know that this years purse has been i,.,rrased to $60,000 which has already encouraged 10 thunderboats c011ee here this year. But what I really would like to report to the (,:)mmission is that there will be a full 30 minutes, one week delay, nation wide coverage of that Marine Stadium. And I think that is a trer.,endous plus item for this City. I would only encourage the adi:iinistration to go over and make sure that those photographs and video tape that are going to be taken are of a clean and attractive stc,dium. MAY 1 51981 47. T7TRTHER CLARTFTC:ATTON BY CITE' ATTORNEY REGARDING ITS FINDING OF CONFLICT OF INTEREST O;I THE PART OF SF.AI:SCAPE, INC. Mayor Ferre: Is there further dicussion on item 13? Mr. Knox: May I add one thing? I plan to write Mr. Pantin a letter to this effect, but I'd like for the record to reflect that in spite of the circumstances, the Law Department does assume and accept ultimate responsibility for all of the aggravation and inconvenience that has been caused to Mr. Pantin. We too apologize for it. We were, however, constrained by an extra -ordinary public policy concerning conflict of interest and we'd like to point out that a conflict of interest does not represent a stigma, nor is there anything negative about the circumstances involved. And we would hope that Mr. Pantin would understand that there is no aspersion being; cast upon him personally as a result of our interpretation. Mayor Ferre: Very good, sir. Thank you. Zi. CITY ? : AGEit INTROMCES NEWS MEMBERS OF HIS STAFF Mayor Ferre: I would like to take a ten minute break, but before we do that, Armando, the City Manager has requested permission to introduce to the Commission the members of his new staff. Mr. Gary: Mr. Mayor and Commissioners, I have added to my staff three individuals who I would like to introduce you to today. As a matter of fact, I've added two new ones and one is a continuation from my Assistant City Manager days. First of all, I'd like to introduce you to Mr. Carolos Arauz who was the Assistant Director of Human Resources who will be a special assistant assigned to special projects. Also, we have Mr. Walter Pierce. For the record, he is not my cousin, who is presently employed with Dade County and will be starting to work with us on Monday, and he will also be handling special projects. And last but not least, a person that you probably know better than all of them is Mr. Ricky Thomas who assisted me when I was Assistant City Manager, and will also continue his duties that will also be expanded while I'm City Manager. Mayor Ferre: Are you talking about that good looking banker type with a blue suit and a vest. I've never seen that man dressed that way in his life. What's going on here? Mr. Gary: I had problems recognizing him too. Mayor Ferre: All right. Are there any other introductions? Mr. Gary: No, that's all. Mayor Ferre: All right, we're going to take a ten minute break. MAY 151981 TxEREUPON, THE CITE' COMMIS ;:ION �%I`NT I;, 11.] A BRIEF RECESS AT 10:50 A.M., reconvenin), at 11:10 A.M., with all members of the Commission found to be present except for: Commissioner Armando Lacasa I::T CLi�TAIN INDIVIDUALS TO BI:DGET RE'iIB.' C+:�:�1I'iTEF May:-)r Ferre: To the members of the Commission that perhaps might be this in their offices, it's now ten after 11. We broke for twent minutes. Maybe we can back to business and get going; on some of thuse things that we have pending before us. All right. ;sir. Gary, would you get Mr. Gary. All right, we now have 4 members of the ssion here. Howard, are you ready? We're on item 40. Anybody hav(, any names for 40 or 40(a)? Father Gibson: Mr. Mayor, I want to offer the name of Jeffrey Watson, <' a CPA with Cooper... Ferre: All right, Mr. Clerk, the name is now proffered in thf• Budget Rrvi.ew Cor.mittee of Mr. Jeffrey Watson. Mr. Carollo: How many appointments do we ha.e Lv make, Mr. Mayor? i,�:rre. Well, the vacancies we have are two, one for Cyril Smith wh,1 was Father's designee, And I want to offer .Jeffrey Watson. Mayer Ferre: And Gary Dix was Rose Gordon, so that would be yours. Yr. Unrollo: Can I defer making that one more appointment there? r Terre: Yes. Sur( That makes the following current membership. Coy,grove, Chairman, Carlos Salman, Vice —Chairman, Jack Alfonso, rio> rt Hardnett, T. Willard Fair, Mr. Jeffrey Watson, Aristides Insua, Angel DePedro, Steven Chipenick, and now the vacancy which is Gary Dix. Okay?' And you will appoint... Mr. Plummer: Mr. Mayor, I think a motion would be in order that we :accept subject to Commissioner Carollo submitting his name. And then it's automatic. �1:iyor Ferre: All we need to do now, I think, is reappoint everyone but... we have one vacancy left which he will fill. So the motion therefore is to fill the existing vancancy by the resignation of Cyril Smith with Mr. Jeffrey Watson. All right? Is there a motion to that effect? Father Gibson: Move. N.,vor Ferre: Gibson moves. Ml-. Plun ne.r: Second. Mayor Ferre: Plummer seconds. Further discussion? Call the roll. i� MAY 1 519 81 The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 81-428 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE ON THE BUDGET REVIEW COMMITTEE FOR SPECIFIED TERMS THEREON (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 J. L. Plummer, Jr. Commissioner Joe Carollo Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Armando Lacasa 50. APPOINT CERTAIN INDIVIDUALS TO MIANII WATERFRONT BOARD 11 Mr. Plummer: What about the Waterfront? Mayor Ferre: Do you have some recommendations? Mr. Plummer: No, I'm just asking, We haven't done that. Mayor Ferre: Well, I'll tell you, I would like to recommend the following people and then we can discuss that. Mr. Plummer: How many vacancies are there? UNIDENTIFIED SPEAKER: 6. Mr. Plummer: 6 vacancies. Mayor Ferre: Does that include Sorg or not? , Mr. Jennings: No, it does not. Mr. Sorg has been reappointed already. Mayor Ferre: So you have 6 more. Mr. Jennings: There are 6 vacancies. If I just may take a second. You have one vacancy in the yacht club area, which is group II, you have "I ., ., 11-tcy.. . Mayor Ferre: Wait, wait. I would just like to submit the name of a person in group II, that's Richard B. Dowling. All right, go ahead. Mr. Jennings: You have one vacancy in group V which is tenants of the City marinas. Mayor Ferre: Okay. I would like to recommend Fred A. Roth in that one. ro ahead. 61 MAY 1 51981 Mr. Plummer: The way this thing is presented is very confusing. Mr. Jennings: You have two regular vacancies in I,roup V1, which is those members just selected by the City Commission, to represent the City Commission. Father Gibson: You just had Roth in there. Why don't you pick up... 1) nan is a man who is quite helpful with the Rowing Club and all that. And i just think we ought to get a man like that. Mayor Ferre: All right, who is that? Mr. .1enn i nqs : Brennan? Father Gibson: John A. Brennan. Mayor Ferre: All right, John Brennan. father Gibson: There's Richard Dowling. Mayor Ferre: We have Dowling. Mr. Plum;ner: I would like... Father Gibson: Roth. Mayor Terre: Yeah, we have Fred Roth. `:r. Plu-,mier: I would like under the Commission group, whatever that is, to nominate Mr. Homer Marlowe. Mayor Ferre: Homer Marlowe and Fredrick Preston. Now, how many does that make? Mr. .ie;mint That ... you have selected 5. Now there are.. . Ma% —or Ferre: All right then, I'll give you ... excuse me, a sixth name i;e Mariam. Maer. All right? Now, let me recap what we have here. 1 , 1'rennan, Richard Dowling, Frederick Preston, Fred Roth, Homer '•1,ji .l ewe, and Miriam Maer. Is that correct? Mr. .Jennings: Yes, sir. Ferre: Now, is there further discussion on this? Mr. Plummer: I have none, sir. 'savor Terre: Do you want to make a motion then? rather Gibson: I move. Mr. Plummer: Second. Mayor Ferre: Its been moved and seconded. Further discussion? Call the roll. (CONTINUED ON NEXT PAGE) 52 ���;I ail _ .• U ` 40 The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 81-429 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE ON THE MIAMI WATERFRONT BOARD (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 J. L. Plummer, Jr. Commissioner Joe Carollo Vice -Mayor (Rev.) Theodore R. Gibson Mavor Maurice A. Ferre NOES: None ABSENT: Commissioner Armando Lacasa FOLLOWING ROLL CALL: Mayor Ferre: What's your problems": Mr. Jennings: Mr. Mayor, one other question I would ask. Two of these will be alternates. Would you care to designate which two will be the alternates as opposed to which others will be the regular members? Mayor Ferre: I don't care. Mr. Jennings: The Chairman of the committee could do that, if you like. Mayor Ferre: Let the Chairman decide that. Okay? Mr. Jennings: Fine. 51 DISCUSSION IN CONNECTION WITH THE CITY OF MIA:1I1S APPOINTMENT OF A REPRESENTATIVE TO THE DADE COUNTY SPORTS AUTHORITY Mayor Ferre: With regard to the Sports Authority, maybe we can get that one over with at this point. I think that there are serious concerns. Is Carollo here? Marie, do you want to tell Joe that we're going to talk about the Sports Authority now? All right, let me make a statement, and then I'll recognize Commissioner Lacasa who has requested to be recognized to make a statement. There are many many questions that need to be answered. This Commission passed a resolution requesting parity. This Commission requested parity on that Authority. We also requested a lot of other things like the recognition of the name Miami because obviously, if we're going to rebuild something who is going to know where the Dade Orange Bowl is, or the Metro Orange Bowl is, and other things such as what happens to the Orange Bowl Stadium property and so on. So there are many bridges that we need to cross. However, I don't think that this is the time for us to really cross all these bridges. I don't we can. And I think in good faith, rather than to be negative, rather than to be destructive and critical... you know, this community is the most amazing place in the world. When a baby is born here, everybody right away wants to talk about the defects of the baby rather than try to help the child live. Now, we have a child that is born, and everybody is pointing out all its defects. And I think we ought to give the Sports Authority a chance to grow up a little bit before we start demanding so S3 MAY 1 519 81 11 ire,. . ; ' appoint our Lhrvv Memh"!S i'l. *, . , 7 ., : , �, IL We'r. —ing to hu requesting pa&ty, 00t Wre yr:zz !( . P t f C Y I -:> 11 nit, ln,!Ft' , � ' _11it iOn, that we're vning to be r,quut ill:. P7-W :mticns. or (lip I.V:. t, obviously, the Cit. v & nKmi i n ; " V inv-1me! in t j- . - — "r our asseSts. Anil thick Q,A thi. fiT:; i, is I v-i% t,wjr in the past, and in We prosent, nu KV K: " 1 nv, Nr. Mayor, I 0are ycu: viown 0nni i .,.. " 1 im� the no,:Iv created Sports AnW-:t- 7 b, ;,N, ;n rV I am ready tc vote Wday to appa0z VLQ1rS in the i working LcKcther, wo ce"Id conu "c with n positive fo, Timunity in this really very importnnt nr-i -porLs. The only 1', T. 1-r-Al 1v want zn PxprenA Kere taW , i- : i.' ; will hope �j i ning ;Ynlo. of the CamninnLo" >hi-, v - nA make th Q 1, Wip Lo"nv Consis,Wn, is the rplNwin" wi-h ;K,ir request .:o turn t. i t le of the Gr%nyw how! and t., t Va N i "mi St ddium a -Pz& i L Wn to rat nin m,nbwrsn ip in h, A_PWK t v. r-puu ivs arc very viluabic piec c� rc,. i t h-A ;oleo ,, Miami, WAL LV WOn 1, W HE y K Cltv Thu Orange Bowl is a 0.9 acres phvc, jv,pvyty. Tilt: im Me Cif the very Qw nt0iumy in tLi *nilcc . "L,A that is And vcn i ! t hu nranyc K al were rc! to Yu v - a in a stadiuln �!z,r another facility is built s nk p:,.k ti - CM that yrcipurL, wi 11 ! t i 1 1 Vit � v, i- , m-pin pitwe 7 V ZA"t VtWgN tc this WIV, .,"A 0t 1r, 01 ; or illy 1 want th, Sport: Anihority, 1 wn .,r,tL W101 i think Al't a very nod (01",o :,.,r the less 01 such vnl"ab3c jl', or So, I 'I"', to for Lppoiwnent a; the thruc mw2bLrA, KA i Wl also like V, ruquesi K"! zho G Y n v (Wo 2 sy : i w the it posit ion turN z i v. �Ynru,tive . ill have the use cf zU Orange Bow!, and a: :hu same time, we toil he,,AUSt ULCYall , IL isc"r7- -rt.:. 1 don't V Miami Ln embark i1s,if apain in w.:it K.p7,Ec,1 a few it :,t art.vi , :vt nu in; i Ise f c: a K it., as,, t. know which they are. So, it is to viow of that that I u 10 i i Vu t a, in the form of a motion, say Lo the Dade County Corarlissioll �,.:pport the Sports Authorit y concept , but that we would like ri,vicw the' questinn of their request & t runsfarrin; t it W r p v r t: i cs . I would agr,u, A!. Yn:dSa, WUh LKIV Ktvc we make intmunt.v, LuL 1 would like for ycu tc connicor oxpancin!,, it. :,Q %ximple, one of the things that the County Commission has done is W VXCCULive Director is subject to the approval of the County :,.Ion. if that's the case, then it should he also subject to the of the City of Miami Commission. Secondly, that the County .1 . -_r. will have to approve the budget of the author! ty. if that's ahn, then the City of Miami Commission should also have that right. the County Commission will have to approve the sale of bonds :Z! QW aqtbority. If that's the case, then the City of Miami should �­ 1P invn1ved in that approval. Fourthly, the authority must ntnrn to Florida State law for the acquisition of professional services. i ii:it , I have no objections to. And lastly, that the City and -­,inager will be ex officio non -voting met bers of the authority. 'n :addition to the Mayors who also are sittin; ux officio, Of the authority. Now, to those first three' points, pt)int out that I would hope as the dulikerstions iny, that parity would be taken into considurat0n. Furthermore, we' talk :,,bnut new stadiums, that the exianny properKes of 11v of Miami would be taken into account. 1 think 40 can do that k1twr from within than without. And I'll recw,njaw you for -Pn­ of that motion, if you wish, before, but I frankly think n-nld he after we make the appointmens. 44 M A Y 111 5 1981 K,} Father Gibson: Mr. Mayor... Mr. Lacasa: I have no problem with that, Mr. Mayor, I'm ready to vote for the appointments. Father Gibson: Mr. Mayor, before you make the appointments, I have some strong feelings. Mayor Ferre: Father Gibson. Father Gibson: Number one, that Orange Bowl belongs to the people of the City of Miami. The County hasn't put a darn thing in the kitty yet. Mayor Ferre: Oh yes they have. Father Gibson: All right. What have they put? Mr. Plummer: Father, roughly about $2,000,000. Mr. Lacasa: Father, excuse me. I'd like to clarify that. The money that the County has put into the Orange Bowl which is roughly what Commissioner Plummer says comes from the 2 percent bed tax... Mr. Plummer: Correct. Mr. Lacasa: ...out of which more than half of those hotels are within the limits of the City of Miami. Father Gibson: Amen. Amen. Let's talk about reality. I am talking about the fact that the Orange Bowl belongs to us and we are going to be putting up far more than anybody. Mr. Lacasa: Right on. Father Gibson: So we bargain from a position of strength. Now, I'm not opposed to the Sports Authority. I'm for it 100%. But I believe that out of fairness to us, they can't go over there and do their due and then send it us to take. And say, hey just remember we're giving up. They haven't given up a doggone thing other than the taxes that they got from all of the people. And you know, we forget that when you get taxes, we who live in the City of Miami are also a part of that kitty. Now, that's number one. Number two, I'm amazed and shocked that in 1981 with the Latin population in this County that they didn't select a Latin. Now, I think... that takes me to another point, that we need to send them a message. We need to send them a significant message. I'm not one of these guys who preach Latin, Latin, black, black. I preach fair and plain. Not a single Latin did they chose. They chose a black. Do you know why they chose a black? Hoping that you over here are not going to choose a black. That isn't the way it is. I'm going to nominate a black. I believe that since we... if we're going to be appointing three, I want a Latin, I want a black, and I want an anglo. Let's send them a message. That's the only sensible and fair thing. Anything else you tell me, do you know what you're telling me? Man, you ain't practicing what you preach, and you don't believe what you're saying. Give me a black, give me a Latin, give me a white anglo saxon. Mayor Ferre: Make your nomination, Father. Father Gibson: My nomination is Garth Reeves. Mayor Ferre: All right, who else do we have? Mr. Lacasa: I nominate... Mr. Plummer: Mr. Mayor, may I suggest a pattern, Mr. Mayor, that says that the first one that you choose is for a three year term, and I think the other terms are for two years. As we know, one shall be a Commissioner, and two shall be Commission nominees. I would assume that you would take the Commission first which would be the three year term. 65 IAY , 5 i Fnt:lk- A: MY. M31"T, Mayi cr i .. — A y th,7 � , 1, PlunIncr, , cc nt rary tc whAt tlht kn"w P vnu. read the editorial. T­huy coo': rq V t i w v. i. hi oil and UP Minni Herald Lou. If that', Hr unw, 1.r 4-v ca,hL to ruri f"r n:finv. 1 would hope that we vauld Wo� _ m,r- !' : Thev dun;! do a good Ph -f �l lhcl Fn KQ h. n; ... j. V. Pi"mm"I � , 7U. t!=iK"K V , n 1, , K, "t ivt , halve hi ohcry aqr,u upou a Lot ir, n& rht rrr 4iLh cw oyi All r i got . nu nom i me" ;o t. r "i . K , 1 7­ : i in I, oar Lh L. Flurner. Anyh"dy wnM K � iry n v. - to t (tat '? 11r, Mayor, 1 don't wint n,m, . Pki 1 wi Ka 1 ike 1: a"t-JIUMVIlts, if you ACV" t0! . t Ols time. I Ptiro: Yus, Or, go right ahe"d. wlit-ri 1 win elu tca iq n, r pproximately a hJf ago, T took "n wh. An! AQ i. nrol-zL 'ho int_crest -L!"Ons Uf Miami, the j�(Tie thu rA Ws .,wily, now that into this Sports Aut-hority now WILL W 1,:K:n Marantet? 'unty Wore We PO 01-0 11, tk-t wo' rn n, 1 . i On& from them. That wy'rc ,',iv, za 1, vinl• :jw; I= faith Vami havu put in u4, Wc 0, .1d 1, r,m the start will have an equi; r,;;ebunt. il ion a U- np-rtn Authority. s"rwd of all Li.._ - thci lhli:w Ktv hAn requebted. 1 -is.urcd and the WKmid lw-c. � we ;"" not Wing to the orange Owl cr Ov nazc5,11 KtvKinn. A_ i"t amu time, rroxir"l-ly P. tiara_ C,avly 1: . 1 V P ir 1 C . Approximdtvly of pa& Couw*ithcr hispanic x1ani ;A "; P�_04.1&y hi p3niu, r 1 c a P That's 45; in thi CA; Ot Miami is . Wyonic or black American. Mr. Mayor, I'd Khm to remind this 1, "Ad tho County Commission why 1-his vruAl conary of ours Cne of the main reasons we weie f�u. &d. And that was people here felt that there shn":n&'t hu taxavion without Anj If I'm going to he told that while 4OZ of this _2 60Z of this City is of hispanic oriri", Lhere is only going t rnp token Win on this board, Mr. Mayor, thaPS LaXation without 7,,' `VUQI;, and I want no part of that uharad,. Now, if the ­�!s to he just, thvn hefore wc enter into any agrovmpar with .rho_... p! on the City an uqua: repro -vnt at ion. They have on that board, the city -F ron! who !nvc 6 n&mbers !h:. Vord. Us, if Oxy want to cxpaK it :., 15 members like I've :0 rnmors they might, well then the other 3 mumbors, I would suggest :"t be picked by the governor, and the other two, one each by our 10 !.Pnntvrs. I feel that that will be the only way that we can or niti?ens that they are going to be doll, with in a fair and jK*! VY, and that they are going to receive some equal representation. 7hn in my position, Mr. Mayor. Anything less than that, I will vote _; :­: it today. If we go into this Sports Authority dealing from a K,-V' 4 weakness, we're not going to be dealt with in a fair way at K� knunty, I can just see it now. The most they Might do is, yeah, w,'K kive you 6 members to the Sports Authority, but then they'll raise P 15 and they'll take 3 more. So it will be nine against 6. Mr. Mayor, ,iiis Commission sees the light, and I hap, that we do not vote to i.:. this Spurts Authority UJILH Dade County guarantees us of pairLs that have been made by uqsvif and ynu, Mr. Mayor, that . Awvv us that there's going to be some inirnvns with the 1;i of Miami and the citizens of this City and this County. Mi - Pluruner. Mr. Mayor, let me, If I may, just go on the record for A ni, Wngh. First of all, Mr. Mayor, I would l"te to see any delay In Int civation of the Sports Authority which is really about 2 years ,-hind, Mr. Mayor, 1 hope that the fears of anv commissioners here 66 NA W I 519131 i Mr. Plummer (continued): will be overcome by the fact that there are provisions within the ordinance. And the date is April of 1983, that if the City doesn't wish to participate, they have the right, or will be excluded from this. I think, I think, Mr. Mayor, that as long as you can communicate, and we will hav" voting, inpa from the three members, I think you have a chance of resovling problems. If you don't have any input you don't have a vote, and you're on the outside, I don't think you have any chance at all. I would like to also state, Mr. Mayor, for the record, that I think we have to unds•rstand what are the alternatives? That's very important. The TDC 2i bed tar: is no question better than 50% raised in the City of Miami. The Legislature, in their wisdom, gave the full right to the County, and in affect, and in fact, the County doesn't have to give the voting rights to the City at all. They are doing it because of the facilities involved. They can create that authority tomorrow morning, and not give the City any representation. Let's also remember that no other municipality in this community is having participation. Yet, their facilities will be involved in an overall. Sports Authority. I am not speaking against the fears of this Commission because I share those fears. But I think that we've got to be on the inside to help work out the problems, and to proffer somo nf the solutions, and I think this Commission is doing rig ht , .and I don't want to see the matter delayed. I have served as this Coumiission's representative for 2 years on the Sports Committc:. And unfortunately, that committee has broken down and this is the outcome of what that cemmittee has clone and will hope to i- d to continue. Mr. Mavc•r, T think everyone on this Commission, and everyone in this cn;m;;unit•: want, tee retain the professional sports that we have had and enJo ed, but I think we would like to see addiLl.:•nO processional s;wrts be hrought to this Community, and also an area addressed that is Ion, over l"okud, and that is amateur sports. And this Sports Authority, With thu monies, will have that right, to address the problem of amateur sorts from which your professinal sports come. Father Gibson: Mr. K. we vc,' c, i want to address that. I'm speaking as a nativt ntw, i',,,;^mer, and ycu can too, the rest of you may, there may be sumo gncst hm ..;scut you all. Legit me tell you something. No other City is Fut t in; in a darn thQ4 but the City of Miami. No e,t„e, it: is puLtins. i;; N .,:rn thin,; rut. the City of Miami and I think we need to confront ront Metropolitan Dade County and say, look, we don't have to be hostile. It's just good business we're talking. And if we go in them and point out to them these things, they will have a hard time, they will be bard pressed... the bed tax that comes from all of us and the majority of it is raised in the City invway. So, again, again, we are contributing more than our share. We gave away the Water Board, the water system that we had, we nave over the Library, we gave over the hospital. Now, if you all don't know it, I knew it. I was here when they didn't have it. And if I don't speak as I speak, I would not be faithful to my trust to the people who call themselves Miamians. And I'm not at odds with the County. I love it. But isn't it strange and significant, they didn't call us together and say come now and let us reason together. They went on and did their do, and said to us, here Lake it or leave it. I think that we haves to do what I learned as•a part of the thing I live in. Privy voursilve,s like MCII. That's what Saint Paul said. You all may not know who Saint Paul is. He was a prophet, an apostle. Privy_ yourselves like men. And to knuckle under and not raise this question is to me, not fair. And I'm not opposed to the Sports Authority. I think it's a good thing. Let mn tell you what's going to happen to us. When you lull — , well we ought to talk and deal and vote from within, listen —n't talking to no fool. You're not talking to no fool. Once you get in there, you're going to find it hard as hell to just u.e' M "Ui . I'm saying to you, bargain now. Bargain now. I am for the u anu a and then let the governor appoint some outstanding citizen. I'm not opposed to that. if Tampa could do it, we can too. And I guess I'm incensed. Don't tell me you can count on the fellows in there. These are our friends. Oh yeah? You have to worry about who their masters Ave tole. Who appointed them? I just want to warn this Commission. V& •e i''atht'r I",ibsunI w+ ' T_ i i, :1,. T:, c thi,r h, eil n: fered part' ciili,; n `'.al „l rit the City of Miami has range Bowl? taas a basehrlll SLadiIim.' '+r. '; ,' rr:r,is-Sion, hui. ici, y'ou net,(] c�. e ht•re :_;uch h'!"l'r lindat.l-On thin I caTinOt_ cn', iF1 T] i:.F:d of f o I 11: d -j t i I) n that wE i1ji i _ 4:. ,. .. i..�, ..�.ni..:\lm: that We lulve, i.I 1. 'ii<i� l':,t Ll,ii'. ?. !"• 1.. .. i I,.; C:iit t.i.. l t thr,r_ the make—up of thi:. 't>cvlr,i i., r:. ,..i( t i lut of :r t'rls and that nle:,�ak`e is t.ilrlt ri`"-( u;. rt .t'at. t n . a,-lv. I'm not aills tI12 i�:itit � �T. � � �.. �Ist ih�' col:trary, I,ibson st at ed, wt' w lilt ; leant: to r tis tlie m in a ftlir and j fist W<i`.'. til'i� i+t. 1 .il'c L� i � ci'i T' 1?�)t: (�nl y Ic. here :ri the City, t11:1 .i._Yt till lt' I%I rnec;S ?c in i)clt;t C:c{int; too. At . t'i .' ..(t ; ; . ;,utht rfty lit , wc•LI (I .nk, a t t'rril Cl, f tht� t-nly_ . w•l' Il' hecltl i.n}� ]S L}il_ w1: t11 t' i ll. ..-., 1:', t1 .. ,. .. itlt' ..i:..lt t' wr: only wa' t.11%lt l:, i to .s11 what we all wctui 1i:.t isbuild a x li .,lt iora, and tilt' timle tc) .. i,_ :rt,; after is t, because then we're 11c t ;, :i,l,: we're not �a,:t to het out, wee rc- n;�t ;.;c'_1:,. a t. ..,, ,( 1t , and then '' to be toe Late.. It s gc,inf; to .;O rt• ttning, i?'t I t:1lLaL 4;rE'ase ;,IOii ;C _ AI'i(1 1 QUii' L r.' j'-..,'C J; that Al rii;ht. I.c•t me ;;If:;t t .:! i.11i., il, 1 ,.:t re , ect •c tL'eir opinion. what WO a1.:i anrthc r ti;ini '. _ _ t1 , 4UIIt lemen, c State law Sad"s th o it. �_. c: t lLl�d to do t l.':3 th(' real it", Cll Mailr:t' i ,'.'.Il`' ill':e It either. L'.'. ft -y .. i:i(' 1::w. And thei.aw Sa\':; ia1 that receives 1st t.ax '. c wt, w.i:lt 1. , !)Lit wC dOIl't t,"1 ...it•l'. .'1 .. 'r�i-. ... .. �... . .';c rect ly t it' Hilt C1?a1 ' S „Ot t nfl: t: het 1.1 t',Oes Al . The law' S'INIS that the '-Ourlt cd t0 pie}: up L•ven if t.ilosc' hotels are ,;it1;i:-i t:.. : . unc.._r:c' . of the City i;It 1 iw . av; that it i6 the h,.v: the Sport s <:r the i'ity i;ow, tile C:.,i"i:,t rru] rtv, lnuk, : ()u have ;av ai>out this, Wc' wi' 1 select p1:0 le ti"ie a,:y we want and 1:• .;ct,1 ng to say. If we rt?�I-ct Liiits, what il::, }`t'r.:> in effect is ping, to have a Sports Author t;: , t ley' re r c'iri to decide going, to issue bonds, tae''rr t;c�in}; tt, (i'_cide whc?re the new stai::ium ie k,i in tv t,f hu:lt., L h c y re going to 'isic,ns on their ow,,,.tii:it the re fiit� the t'.c:, of 7ituation c"i, t:Ttes tt:,3±" wt also ht' rt.m.iistic. And ylhc? s what: we can gcL, Llllwl. 'Al -.- � f`:. , t1: ii 1t.. Must.' 1 wofi.td r deal ink; from within thin f ru 1 wit?lout . ". )W , that gives Us rti.nity to present our posftion_� fro: w thin. I'm sure if itt eVes :and Masvidal are selected, we ct:uldri't have 3 better (• .:i1I�, balanced advocates for tl"u: Cit- y's po,3iLi,,n from within. nk L:. ,t if we can get a few of the tu( ;t.rrr .:e Ccunt} o gee our point of view, that we have a muc'ti bctrer chance of What we want from within, than: by just k liriln_; away from it. reality dictates that we move alone. JV MAY 1 51981 'iavnr lerre:'Z,w. I cr.:Plc'tely aFree viIh the [,remise that before we turn over the Orange Powra, that t-here arc ccmditicns, 1.1—at before we even discuss a new stadium that ti:are air• c.,.;r,ditic>n -hat. if the County wants to, and I think it' totally wrong if going to have an independent board not to let it be independent;. But, since the County decided not to make it independent, then I think that we should have some input in the selection of the executive director in approving the budget and imprcwi.ng the sale of bonds, since we're all so effected. Now, I think wF• can, get those things much better again from within than from without. 1 want to make one last statement. My selection would have bean Jahn Lowell. John Lowell is the person that I would have nominated. However, I cannot argue in any way against my colleagues' logic that we si,ould Send a mes::age that even if the County is not willing to re- cognizc� and ethnically balanced authority, then we in the commission, and I think if we are going try h.3ve Plum.-t: r an', m asvidal, it is logical that there Lt., at repre^entat3vr, coming from the City and I cannot argue against_ t_ht: Ir;gic of having a hlrac'k, a latin and an anglo. If we had more, t.Y:c':, 7 t;;ir:}: wt :o'uld b,� more reali .;t.i.c abc:ut the balance. But that was not our decision. We cannot Lear the burden of the County's (let's be at least ger.er••us in our criticicm? lack cf �;ensitivity to ethnic balance. But cer- tairrly, wi- in thi-s cr nu-nissicn can go along with that and therefore Father, I orul' �-:mainly a cct:t your rvc'<,..slennation and I would nominate John Lowell, •ciao was my choice. position will be more or less along the same lines. I be i ii>vt' t i:at a-ur po-,ition in r.cl,;t ien to the sports authority being detected 2+y tYte ..:at'_ ithe right, so therefore, for us to extend, would do u;- r,c good w•Ylat-so-ever and from within we at least will be able to Hake out: .,cir,t. In relation to ethnic comlxsition of the sports 9t12.�?C1]ty, 1 !.til::h: tt, t k'C }+OL:id -..;hat we Can do within our perrogative •1. ^n•int:y and to this Community, and I ur'li t)' aI;d that each segment of this We are doing our duty. Let thc. C' .ur.t i t t, .. i:. t.:•� : f ::..tl y: c what the County board of commissioners a what. wt c.in and it is in that spirit that I am ready to do aiIono Witt, .tr,t,ointi;,<1 our re,, ra,st,ntation to the sports authority. But I a1 ;0 1r P,1St that rlgh2 cfter tn,�,t w,-• c•I';tt_rt,Iln a motion which will encompass the questicr: of the City of Miami decision of not transferring title of any ,f it''- p!')p -I-t-y to tl,e sl>orts autiority or anyone else and also the other that_ we havu beer, discus_:ing concerning the budget, the executive director and also thu name of the s1ort.s authority in itself because the word Miami is well. known all over the world and it is Miami, the one who has been ,a:sso-iatr­d wil:h thr delii,i:;s, it. has viard, the one who has been associated with It Is ';i .i . , <�r:e of ti:t' Cities th it. is better recognized not in the t'n-ted States but all over the world. I submit to you, that if you go to any foreign country and ask anyone there who is just slightly familiar with rile ul,itt'ci States to name five major. Cities in the United States, 90% will in- clude Miami in their litits, so it is in -conceivable that the work "Miami' won't ve added to this great error- to nave a major sport consortium in our Community. Mayor !-'erre: And I tell you Father, I think the proof of the pie is I challenge anybody to quickly to tell me what City is Fulton... Mr. Numr..er: r;eorgia Mr. Plummer: Atlanta w,•11, ok, but you know ... Alright... you happen to know that lout �.;,,,,t�ta• I ,;.k C:;tnty... I'Iununer: Chicago I , rrt.: YLtu know, there may be, you may know Plummer but I would clot-:,t ic;n Whether too malty people In the United States would know what City is 1•'ultart County, ar:d if you go Europe and talk about Atlanta, who knows where Fulton County is? 59 MAY 1 51981 A Vivni y"11-1 And 1 1LIQ the FAm- j no. Fitiwr i'm s-rry, qn. ahwK. FaVVY FiK5�q: Yr. nqny lot M n Ln 1010 W175 any minukdrr- c,ow.rt"A Ai.i �qiv.r,cni ti.it ob. nnad tAu srorLs authority. 7 'sata: I , '.di m. . 1 K" writor- Yr!They write all tnt 1!�l Kw: n : ivq, tli'y writ-W O"t. 1 C. an' toK you what to write, but y,s know, j wat,h, QatIv low 1 Frn. K, W&n 1 s-w Qat I am coming on with th, M�Tb-15 timic, 14 W. r" ;At i, cL, ok? Ana tEnt's why 1 am watching t imm. r ";A , 1 1 - r" A 11 , q Ov h. 1 j 1 y i'M -OLWrLadl and OMOLCed a�d n�r5 !o; i4yth,r, Vm 3n cca,vi"w-i ttar i: we can of the first. rate, Al advaiv, L- cver. 1 don't have t, I" nq In"ininn, As a part of thn nrjoi- i v;t j 1 f 1 too " ji.1 repre.ion there from the V ]4- A-iOnj t-. "ativ. wh ten!A that way However, let -Mr5 '4;. y %,,, yna,— ar,.,! we're n, QA jApnr. , Ow radio, thn telovision will Clots you to death. n;::, :i w, y-ur I es i - i-q N a re6annable one. WhyT You arc, n1vikq ul . hin A of the thin,! Thn taxes that they arc. t K -f Lhe Citios and as it is coming from all of the i, i ' is -, i--n.i5a 7nmry from the City of Miami. So we i > f 1 an that aro very very precious and Q . 1: t :i, _r .-�. tax and Ev wk give an over fair Ary i i -he ow.ry.nv; y' t71, whinuvcr else ycu say ahout 'o. 'I , ,-- .. � 4 . : 1y; thn f Adler, d, Ades what 7 14 .1-1 M 1�-'- ...,it !"- wA7 1ju all 00 tusincss? _hat'. the way 10AC K Viz. inn'. that th- way in' s acne Plummer? - � , 1 , 1p . , ; :,!—, '. .,� I - , , .:I, . "nan 'S Mr. Mayor I understand that the nominees then are Commissioner T!4-m-r, 1. 01 MOVViddl and Garth Reeves. Is that correct? wayur in!!": Alyaqht, yps, do yell want to make that motion? Q, Vu like to make a motion in the saying that they ,be,appointed qtap;ciwK term according to prnposition that the LOMMIsnloour ..... n T', t m.anvidal, two y,ars sircc he will he the only member I. .01 ! t I n ih the Sports author dly because we al ready have another 14 Pin I'J'A""k "-(Vimurilty in the sports authority and that is Sonny WrignL in that "qi,vdhlu to you Father? l'"IKI K110(in: Say that again pleasc. ,",I . i,a:: Wn will have in the sports authority only one latin memher. WE, will 'n" uavlvla 01 *K Liack Commu.ity that wculd bu only right Sonny Wright N"OWS UCOUM SOLny Vight was appointed by the County Commission atjof"y ;,)r"l 'ILA a F so what I am proposing is that then Masvidal must be given a two year term. Father Gibson: A two year term? Mr. Lacasa: A two year term. Mr. Plummer: ...there's a three year, two year and a one year. Father Gibson: Yeah. Mr. Plummer: What he's saying is the Commissioner is three years, Masvidal be the only latin who have two and your appointed Garth Reeves have the one because there are two black members. Father Gibson: Tell me this, how many vears was Sonny Wright annointed? Mr. Lacasa: I don't know. Why don't we check on that? Mr.Jenning: However, the ordinance does provide that all the members can be re -appointed. Father Gibson: Well, let me tell you what good politics is. You know they're going to appoint a member of the commission and they will appoint anybody we say and Plummer, knowing what I do, you will be there until thy kingdom come. Mayor Ferre: Ok, so what you're saying is Masvidal three, Reeves two... Father. Gibson: I'm not worried about Plummer. Let me tell you all don't know. Plummer, J. L. Plummer in my book, I want to put this into record. J. L. Plummer in my book is one of the most forthright and upright men I've ever met in my life and I trust him even with my life. Plummer, you'd better get ready and pay me now. Mr. Plummer: I'm gonna tell you I've been almost quite for a long time but I want to speak up now the TRUE minority of this community. (LAUGHTER). Father Gibson: Oh lord. Mr. Plummer I have no problem with that at all. Mayor Ferre: The motion then is Raul Masvidal is appointed three years, Garth Reeves two years and J. L. Plummer one year. Is there a second to that motion? Mayor Ferre: Do you want to second it? Father Gibson: Yes, I'll second it. Mayor Ferre: Alright, the motion has been seconded. Now, before we vote, I would just like to make the following statement into the record. Plummer I don't think I have any problems with you, but to Mr. Raul Masvidal who is the person you nominated and to Mr. Garth Reeves the person that you nominated. Garth Reeves in particular made some statements on the television the other day on a television program on Sunday that he had 6nme very strong opinions against any auditorium coloseum going in the downtown area. I would hope that tie would have an open mind on that particular unresolved issued. But much more important than that, I would hope that both Garth Reeves and Mr. Masvidal, before they are finally appointed would make a commitment that they recognize that they are being appointed by the City Miami commission and they are there to represent the City of Miami's viewpoint and amongst which are the ,,)arity question, the approval of the budget, the same rights as the County is claiminq parity basis and most importantly, any new facilities being constructed within the City limits of the City of Miami. Is that acceptabe to you Father? Father Gibson: Yes sir. Mayor Ferre: And to you Armando? Mr'. Lacasa: Yes sir. Mayor Ferre: Any further discussion statements? MAY 1 519 81 -)uld you call tht fc,11 now'. F(-rT-C:: Alrigint, w f-_)l1owin(j. ,,d, Jy S;.s ioni L, r:,3, a who o mr)v(A its adoption: i%LS�)LUTI,'R; No. 1-1-430 A PEI�_-IOLUFION D1_51( `iAM,4;; CLRTA N TN1'1VT,:_';,L`, ',Cl AS. %-17 C F.' 01 111E CITY C)F '.'_TA!,',1 1N 7`1� CAT I - ACTY OF D1 -0� DE THE' MET�DPOLIT,, DA, C01i 1, lY SA`C` A�"H 7i - follows 1)ocly of resolution, omitted 1-.ere , -_1. 1A on file in t",e office of the City Clerk) s seconded by Commissioner GibEo,,i, t1Iu rescluti ll was Massed and adapted by the following vot(!- ( 'd-, PCV- ' 'Son, -I Son, Mr. carollo. 1,): .."y "'I'ayor and memLerS of *,I.(, I 'r,avo no problem with 11:i%, of the gent-1Qmer, to the s!"(,)rts autllv-rity. 1 tl-_�nk they will 111 fashion. lia(; the ovi,ortunity Inc-'cral-le f,a t .-,- C,f this coroi!� ion to rt2al ly vote wk wallt to participate in the sports the J-Ules, thdt A iE or.ly way that 1 t:`.• rulus that D, Count' eStUl fc-re,-ce W"th Daue ccunty's arc­_:.c3 r.,;1c,.:, 27, my OiL;sap- 1-,1, the only wa,." I ca;-, sh,-w is by voting a - from tht' City at thiS PO-,11t In t So, my vote is a no %ro-te. t;()t a I,-, vote 1(:ailist any of these gentlemen that Vin. ::Urq,W211 Fervk� the Ci,,v of in an honcraLle fashion, but a no the unju:-t w;-ay rthat Pad(' County has7 thrown thib at u.'s miyor, now I would like to be recoc:�. zed for the i_urpos (7-c alhead. ­�_,,srI* I t1lc1t t",_je city co=mission sends the message cuid 0 fficial!}' fr_im thc, Dar!- Cr,unty Board (--)f Cn=misioners that the sports authority w. i that the City of xaei-ii diverts itself of any of its )rL-perties Bowl and the Miami Stadium, but not limited za!; a condition to retain 41n the Sports authority Second, narle viami be included in the sports authority. Third, that we ob as the numl-)er of members that the board will have. That we recommend that they review their policies to include latin representa- ti,jil at thu County level. And also, that we, the City of miami be given ,.uIhcjrit.v also to jointly appoint the executive director of the authority, allrc,v, the budIget, approve the sale of bonds and that the City and County x.anaqer will be also ex-officio members of the authority, which I think that Acc(_:1,ted anyways. So I so move. ,­lyor i*crre: Alright., there's a motion. Is there a second? !.' r . S I . (.;jr,)l lo: ,,.cnnd Second, further discussion. Under discussion not on this i i i,ut ii, the general terms, I forgot to mention perhaps I think this t;.inq that wo have to with a great deal of caution proceed that y(,uliu (joii,q to have to check out with the County attorney on the "ol,:.1 I (,I conflict of interest. The two members (civilians) that we appointea ,x!, ­,i ti,, bidders list for Cable TV in different companies and 1 .ant to _it wt. don't end up with the same problem as we did with poor in, Jr. that we have to cross that bridges after the fact. Thee, -,,ure that we don't have any conflicts since there seem- to be a Lig a -out conflicts. The sf-,-ond thing that I want to make sure of is that we did receive letters here, or you did J. L. from Homer L. Marlowe and Jean Marks and I would like to again, I made a statement about Jack Lowell, let me also make the statement that I think that both Homer Marlowe and Jean Marks would have made outstanding members of this authority but I think that Father Gibson's argument about approaching this on a balanced basis is such a strong argument that I don't think anybody can argue against the logic. I'd like to point out since there has been a great deal of controversy lastly, that the chairman of this sports authority, Mr. Steve Muss has been subject to a great deal of questioning and criticism. In my opinion, is a man of total integrity and who really has the best wishes of this community very clearly present. I might say also, I've made a public statement that he is in favor of a sports complex being developed within the geographical limits of the City of Miami and I think that that is something that we should point out with gradi- tude in recognizing that at least one member and a chairman at that of the appointments made by Metro concur with at least one major point that we had. Any other comments? Call the roll please. The following motion was introduced by Commissioner Lacasa, who moved its adoption: MOTION NO. 51-431 A MOTION REQUESTING FROM THE ADMINISTRATION TO OFFICIALLY CONVEY TO THE METRO BOARD OF COUNTY COMMISSIONERS THE CITY OF "CIAMI'S POSITION IN CONNECTION WITH THE ISSUE OF THE SPORTS AUTHORITY BOARD AS FOLLOWS: 1. THAT THE METRO BOARD OF COUNTY COMIISSIONERS WILL NOT REQUEST THAT THE CITY OF MIAMI DIVEST ITSELF OF ANY OF ITS PROPERTIES SPECIFICALLY, THOUGH NOT LIMITED TO, THE ORANGE BOWL AND THE MIAMI STADIUM, AS A CONDITION TO RETAINING MEMBERSHIP IN THE SPORTS AUTHORITY BOARD; 2. THAT THE NAME "MIAMI" BE INCLUDED AS PART OF THE OFFICIAL NAME OF THE SPORTS AUTHORITY; 3. THAT THE CITY OF MIAMI RETAIN PARITY AS TO THE NUMBER OF CITY REPRESENTATIVES ON THE SPORTS AUTHORITY BOARD; 4. THAT THE CITY OF MIAMI STRONGLY RECOMMENDS THAT THE METRO BOARD OF COUNTY COMMISSIONERS REVIEW ITS POLICIES IN CONNECTION WITH LATIN REPRESENTATION AT COUNTY LEVEL; 5. THAT THE CITY OF MIAMI BE GIVEN THE AUTHORITY TO JOINTLY WITH THE COUNTY APPOINT THE EXECUTIVE DIRECTOR OF THE SPORTS AUTHORITY; 6. THAT THE CITY OF MIAMI BE AUTHORIZED TO JOINTLY: (i) APPROVE THE SPORTS AUTHORITY'S BUDGET; and (ii) APPROVE THE SALE OF BONDS; 7. AND, FINALLY, THAT THE CITY OF MIAMI MANAGER AND THE COUNTY MANAGER BE APPOINTED AS EX-OFFICIO, NON -VOTING MEMBERS OF THE SPORTS AUTHORITY BOARD. (CONTINUED ON NEXT PAGE) 13 Upon being seconded by Commissioner Carollo}, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: hone 51-A. UISC17S`;ION OF CO`HIENSATION TO CITY ',LANAGER Mayor Ferre: It's now 1 l : oo o'clock. I t.t •_ rE i:il }; 1!. y L 1 St' to talk about now that simplifies our afternoon session or would you rather just break at this time? Mr. Garv: Item NS-6 :;ayor Ferre: What? Mr. i'lummer: We can do that when we come back. ?aycr Ferre: Oh no, we've had Item NS-6 before. It says "Tile manager has now rar:sed a resolution establishing the compensation of Howard V. Gary as City '•'anager on terms that conditi.ns that are contained in the attached em- }loyec". I have reviewed this personally and I think thiat what is within that is now i,resented is acceptable to ore personally and I just wart to make that statement into the record. Mr. Carollo: Mr. Mayor, since we were first given a copy of this contract yesterday and now we're given a new one, I haven't had time to read the nQw one and what changes were made. I would like to have the opF_,ortunity to read that, plus at the same time, ask City Manager if this new copy still talks about a two year contract. Kr. Sary: Yes it does. M-. Carollo: Ok, does this new copy also talk about if for any reason you do not serve your full two years, the City will compensate you for the full aricunt of salary? Mr. Gary: Yes it does for the remaining balance. '.r. Carollo: Has any other City Manager ever had that in their contract? Mr. Gary: Well, this is a standard contract that ... Mr. Carollo: Well, what I'm asking you Mr. City Manager is has any other City tanager, 11r.Grassie or the gentleman before him ever had that in their contract? Mr. Gary: Not to my knowledge. Mr. Carollo: Well then it's not a standard contract, but I will review it f 111•i: ,111d t hl•n we will come. M,,y(-)r Ferre: Well, let me just also for the record ... Mr. PJUJILD •i : Excust• mc, doesn't this thing speak to severance? MI . ("ary: Yeah. :�i. 1'lunmk.r: Well, a Mayor Ferre: Let me --let me ... Mr. Knox... Mr. Gary: It speaks to severance besides that though. Mayor Ferre: Mr. Knox, Mr. Knox, when we discuss this this afternoon, I want to hear from you that this proposed contract with the City ,Manager does not in any way supplement, I mean, sorry, supersede the charter. In other words, the Charter of The City of Miami rules above this contract and nothing within this contract hearing contain in any way abridges. The supremacy of the charter which we are controlled by. In other words, specifically that the City Managers serves at the will of this commission and I think that partially clarifies the question as to the two year contract. However, as to the question of compensation as I understood this contract to read, if the manager is termi- nated, what this contract says is that he will be given three months. Now, that's what we gave, isn't that what we gave, Howard, isn't that what we gave Dick Fosmoen? Thre months? Mr. Gary: Yes. Mayor Ferre: So there is as Father says precedent establish...I don't know if you get anything else in that, do you? Mr. Carollo: I have no premise of the three month severance pay. I mean, I think it's only just. It was done with Fosmoen. Probably was done in the past. What I am referring to is that what I thought I read was that besides the three month severance pay,if he would not work for this commission at any point before his two years were up, that besides the three months severance pay, we would pay the full amount remaining in his two years. Mr. Gary: That's provided you terminate my services. Mayor Ferre: Oh, I didn't understand that. In other words you're telling me that if we terminate you at the beginning of the contract and there's twenty-two months left, we have to pay you for twenty-two months in addition three months? M1 .��3r. Exactly, exactly. Mayor Ferre: Well, that's ---that's, I'm sorry and I apologize for misunder- standing. I didn't understand that. Well, we'll discuss that. Mr. Carollo: We'll discuss that after we all read the new contract Mr. Mayor. (AT THIS POINT, THIS DISCUSSION IS TEMPORARILY ADJOURNED) - Ms. Lacasa: ok, Mr. Mayor, before we adjourn, I think that I omitted to mention that Assistant City Manager Odio should be congratulated on his memo- randum of May 12, 1981 to City Manager Howard Gary concerning the sports authority ordinance because questions that he raised are the ones that I have incorporated in my motion and I think that it was very good ... Mayor Ferre: Let the record refic_* that. Mr. Lacasa: So let the record ... Mayor Ferre: Alright, anything else now? If not, we will return at 2:00 o'clock. WHEREUPON the City Commission recessed at 12:10 o'clock and reconvened at 2:15 O'clock, with the following members of the Commission found to be present: Commissioner Plummer, Commission Lacasa, Commissionez Carollo and Mayor Ferre. ABSENT: Rev. Gibson. Mayor Ferre: If you would please take your seat. Allright, this commission is now in session again and I know may of you are here on a public hearing for Shenandoah and the Flagami area. That is scheduled at 4:45. i ;•rry that you may have been given the wrong information about the timing. we obviously, since it is a published public hearing cannot accelerate that. 74 MAY 1 51981 52. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS. Proclamation: POLICE MD10RIAL DAY - In memory of the 24 City Police officers PRESENTATION ve lost their lives in the performance of their duties. Presented to Mr. Jack Sullivan. Key to the City: Presented to the HON. JOSE LLADO, Ambassador of Spain to the U.S. PRESENTATION In Miami to celebrate the first anniversary of the Spain-U.S. Chamber of Commerce. Resolution: * Expressing condolences to the relatives and friends of VIVIAN R- 81-432 ( ) SALAZAR de QUEVEDO while sharing their grief for her untimely passing. Proclamation: INTERCO\7INE,\7AL BANK DAY - In grateful appreciation for their PRESENTATION campaign on behalf of the City of Miami. Presented to Mr. Jaime Castell, cr., Honorary Chairman of the Board; Mr. Jaime Castell Jr., Chairman of the Board; Mr. Anthony Infante, President; Mr. Jaime Pino, Chief Exec. Officer; and Mrs. e-llia Tabares, Public Relations Officer. Proclamation: Declaring the week of May 11 as h2JRSE WEEK - Presented to Ms. Cathy PRESENTATION Jones, President, District 5, Florida Nurses Association; and Ms. Jodee Berkowitz, R.N.; W. George Cohen, Director of Nursing. Proclamation: Declaring the week of May 10 as TRANSPORTATION WEEK - Presented to PRESENTATION Diane H. Greenwood, State Director of -Florida Traffic Clubs International-,_aM Mr. Joe Poole, President, Local Chapter. Proclamation: Declaring the week of May 17.as CUBAN HERITAGE WEEK - Presented to PRESENTATION Mr. Jaime Gueits, President of the Cuban Heritage Foundation. (*) A Resolution expressing condolences to the relatives and friends of Vivian Salazar de Quevedo was introduced by Commissioner Lacasa, seconded by Commissioner Plummer and passed and adopted unanimously by the City Commission. Said Resolution was designated Resolution No. 81-432. 75 MAY 151981 it, 53 ACCEPT COMPLETED WORK - S. W. 22 STREET HIGHWAY IMFROVEI.ENT - PHASE III - H-4418. Mayon- Ferre asked if there was anyone present who wished to speak to Agenda Item #44. No one came forward. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-433 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY WILLIXMS PAVING COMPANY, INC. AT A TOTAL COST OF $536,A28.42 FOR THE S. W. 22 STREET HIGHWAY IMPROVEMENT - PHASE III IN THE S. W. 22 STREET HIGHWAY IMPROVEMENT DISTRICT - PHASE III - H-4418; AND AUTHORIZING A FINAL PAYMENT OF $57,254.06. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Lacasa the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre N CES: None. ABSENT: Vice -Mayor Theodore R. Gibson. tr�„Y _► � , � � 1 54. POSSIBLE STATE ACQUISITION OF CITY-OUNED LAND FOR A FORENSIC HOSPITAL.CHANGE ZONING CLASSIFICATION OF PROPOSED SITE. Mayor Ferre: We're now on Item 45, a public hearing, that is an ordinance regarding the possible State acquisition of the City owned land formerly used either as the Municipal Justice Building and the City Jail, or the Seaboard Terminal site for the Forensic Hospital. The City Manager recommends. It is my understanding.... Who is here representing the State on that? Thereupon the City Commission took a brief recess to allow the citizenry to try to seat themselves for the public hearings. Mayor Ferre: As I understand it, Mr. Manager, will you bring us up to date as to where we are? Mr, Cary: As of today we have a report before..... Mayor Ferre: Excuse me, Howard, do we have a speaker installed outside? Mr. Gary: Yes, we do. Mayor Ferre: Would you have it put on so that people out there can follow w' ol)7 All right, while we're getting this thing cleared up.... All right, while we're clearing the aisles, by the way there are loudspeakers beinq installed on the outside so that at least those that can't get into the ::_.ar what is going on. I'm sorry, that is the best we can do. I have a petition here which I am going to read into the record and submit to the Clerk's Office to be made a part of the record that says as follows: Dear Mayor and Commissioners, I did not aet one refusal on this petition. If I had had the time I could have sent you a box full of objections. Our City is going to end up like Npw York City if the way of doing business doesn't change. I sincerely hope you have our best interest at heart. Thank you, and it is signed by Nancy Baldwin. And the petition reads as follows: Are you tired as City of Miami residents seeing your City used as a dumping ground? On May 15th at 2:00 P.M. the Miami Commission has planned to vote t};: i:: oncnt of a State Hospital for the Criminal Insane within our City limits. Two proposed locations are in the middle of a city, very close to residential neighborhoods. If you feel the City is over -burdened with this type of non -revenue producing facilities now then sign below to show your objections to this action and it is signed by many people. I'm going to submit this into the record now for Ms. Baldwin. Okay, Mr. Manager? Mr. Gary: Mr. Mayor and Commissioners, at the last meeting the City Com- mission Liecided to either use the old jail wite or the old seaboard property for the forensic hospital. The City Commission further instructed the City Manager to obtain two appraisals and it suggested that the State also obtain airr.a:sals on the Seaboard Property. We were further instructed to sched- ule the Forensic Hospital issue on the Planning Advisory. All those require- ments have been met. The Planning Advisory Board met and voted a denial on bt_- ih .;1t,2s G to 0 at their meeting. We have obtained two appraisals of the land, the City has and the State has also complied with those wishes of the City Commission. Two appraisal prices that we have obtained are - these are net firlures after demolition of the structure, $603,000 and $625,000 for the City; $475,000 and $515,000 from the State and the average of the State fig- urt: i5 �4D5,000. What we have before you is a discussion of the item but the action items deal with the zoning or the rezoning of the two sites to use. M.iyor Ferre: All right, Mr. Book, the Chair recognizes you. ......, Mr. Mayor, for the record my name is Ronny Book and I represent the Governor's Office as special counsel. As all of you know, we have been talking about the different sites within the City for the State's acquisition for building a new forensic hospital. At the last Commission discussed, we came here to discuss the acquisition of the old City of Miami Jail site and at that time the possibilities of purchasing r f, t,1.1 r;eabuard property came up. The City asked us to go back and take a iou,f and see whether or not we could build our `acility on that piece of property taking into consideration the narrowness and length, etc. We have now been able to conclude that we could, in fact, build on this piece of 77 MAY 1 519 81 r a.id we would like to urge the Cr. -,ission to rE:tiorle the propel ty r. t- p WE_": 'illE' :-wc' dii'•ralS=iIs and t(: _ .�-r it � sal_ to us at the a'.�era,(, Y:,et ��. that we h-c:e received as required under *,.hi-, Flori,i,i (:s. ..0 )bvicusl ;� are here to again answer any questions DUili]il,-' f thel1- ity, I think we hive gone over this several times ,ind I'm if we need to go back into the whole thing again unless it i:: t:,(, re 1.1< :at c,f the Corn-n.ission. Mavnr Ferre: All right, now before we get into any 'c"_Il,li s! :t«-ra•_::i:. Ic't me I «:.i t r.1t to those of you that are here where w( ,-_r,<?,: i ems` around. This ,. J: IiSi:>i�i21 took a vote an,i the Vote was foul" to one foren-i,.: iP-Sr,ita.1 being built in Miami in either the Civ.i,: C•:i'C'r Site ",r Site. as the vote that Was diS;sentin,: o:l to^.at which Was civic: -(_nter site let me, t.aC'YCf._)L4 tiJ: '::.. i I 5,:;'11,C t hest r:li. _ .., •,..._ &n(, this Dart o: the Stan` Cif Florl is a E..:. :17;:1':31 is Serve tti- needs Cf tClis coTlmlinit•y', i:ici <ustlo.n. as put is a very serl(:)ll: itatteY r:. ',1:-,1Crs>:clii❑ th(_ coii- . f ?,.!. *:lY�St? WnG .>1';i, d that PetitiCn. I <:im 3'jai:.s _h- .Or(=::L _ 11C)S- j'1t:,Cr C1.ViC Cc;nter ared Wh1Cn is whC,,r 05? G. yoli rare aC,iinst a%c! ,3: _ _." le•1 ',,ith. 11,)weve3r, the t2aboazd site 1 :3:te 4:IturC Mere ... __.,�.. •ii I]«il'.Ilbor2-,00a within blocks of that area 1 _".U:.t _ -.%Ow iJ ,it I. w'C`111 (i Say d Uaod C'r 0 i` .;_ S an area that is at .)res« n't .i;; ..,...._ .....I Cr w,)rehou SeS, vegetable ma rkt't. i:laCe.. , :1 itt i'.., t. a•. i'... ., it is C,)^IF.Ietely out of the Way. Z do not :ilI',r; th:ii ally o t, t: Impacted adversely held I Lda;,t t'-� t }:' LE S$ ,a'yr DI:lIIlO:i tiC'1. with that of my fellow Com:,lssioners u:ilE SS, ): Ci`•UZ'SE', Lhe; t leir position that I think t.-i-t this iS a :: :� •: i m;romise. It Qets It out o: the L;JP.(_Jiatt nC'1i7ila GY hO�c� t+'aeYe .` _ want it, I think It is a c-uoi solution fJr the State'_, X.r. Book, i'.. is }getter because it is ol)'; louse} , much1�5 E�X�n1iS1Ve '(.-rty, t nere :_ore, 411'lh4 yo'a i:_e:it}, o`. ,..... _ .. .. _. within ._.fie C.:., mw';e b}, the State. i'G1" '.IS C_CI'.til'- o:'. l:; _ G: i,.ion and that of the (:,cvernor of the :Mate of Fiori6a will _ �i forensic :iospital from C)G1.':C vu'ii� , —I , :Lit m.(', n right now t_..i. 1=C3Ci:le tlit:y ,,:,VC: to .- _ to t.;G ce..,.__ : rt of, t'*-,= stato _ _ (. t:i r° Gi l,:u. I J tli::r:it_ S ,,`_ t. e? . List :crerty, i '.l;..i 1 dL:1t'r ;e .1C'kt t J . d -?son Me:aoriai H :i l tai bGt' this 1S .,.,.. L;)Ic Cistancu of . emo:lal HOsyit,il and 1 think it is „ikc (;«>Iybod, hal,.r.; but I thin}; it is a „•.ch better solution t from nc::4`ers of the C:onm- ssioI, whU wish t,.: -,ake a statement oil ..ayor, as : said in t...= prev;✓'us e lscussion about. this, I .: vc--o_I for the location that `.;,is on tht old ;ail sit(' of the me, i f the State :«_t21s _::at this is an adequate alterna- :._ire now convinced that this is within a reasonable -cighborh::,c S and tIi<jt, the-refore, it Mould not CaUSE3 an t into :heir neighborhoods I ani mor i- .ha w111irig to go along w: t': t!.. new proposition. F e.'ir(': Anybody else? ':r. ' . Mr. Mayor, I am looking for the appraisals. .'.r re: We have what, two appraisals then Ronny? Well, read them recGrd, Ronnie. i:o, I don't want them read into the record, Mr. Atayor, I want r r-„lui:st to be complied with, I want the appraisals. Y,u have -two of the appraisals, I laid them on your desk a a';o, 1:'t L:iC1 yoU I�1Vr them, to Air. i'1urrJtier? Mr. Mayor, our appraisals have not been received in our office «•I All I tit, f iyureS that we have been given have been given to us as we I.•-r:,I lr•.I tht'ni by phone at the close of the business day yesterday. ",,,' 't i « I I t•: Mr. book, will you st ii'ulate on behalf of the Governor of the 0 t,t t1(,r Ida that these are thu f i,lures that will be received and will L),(:rn into the record, please? Mr. t'.',,k: The figures on that is $475,000 and $515,000 on our appraisals, 't vi :,'r u:, ai, average of $495, 000. Let me just say that there is a small 78 MAY 1 51981 parcel of property that was included in your description, Mr. Mayor, the 295 X 1,200 that the County is currently renting from the City that was not appraised so you will be receiving in addition to the $495,000 you will be receiving some additional amount following our discussions with the County in their relocating their environmental labs and their credit union which was originally in. This figure is minus that small parcel which is less than an acre and the amount would be something less than $100,000..... Mayor Ferre: Would it be more than $50,000? Mr. Book: I can't tell you that because..... Mayor Ferre: I have another question, Mr. Book, as I understand it the way you do these things is you get three appraisals and you average the top 2, is that correct? Mr. Book: You average the two closest appraisals and you take the average of those. Mayor Ferre: I see, but where is your third appraisal? Mr. Book: Well, the law says that what you do is you take two and as long as they are within 20% of each you straight average. If one of the appraisals of those first two exceeds it by 20% then you go to the third appraisal and then you throw out the third one, you only take the two closest. Mayor Ferre: In this case we didn't need to do that, is that what you're saying? Mr. Plummer? Mr. Plummer: Mr. Book, who did your appraisals, sir? Mr. Homer Rooten: Commissioner Plummer, I am Homer Rooten with the Depart- mnt of HRS. Our two appraisals were made by Martin Quinlivin and Stanley Miller. Kr. Plummer: And which one of the prices was his? Mr. Rooten: The $515,000. Mr. Plummer: All right, and the other one was done by? Mr. Rooten: Stanley Miller. Mr. Plummer: And that appraisal was? Mr. Rooten: The $475,000. Mr. Plummer: Are both of these MIA? Mr. Rooten: Both of them are MIA. Mr. Plummer: And they will be submitting in writing that proposal for a part of the record? Mr. Rooten: Yes, sir, I spoke with Mr. Quinlivin this afternoon right before lunch and he indicated his would be in the mail to us at 2:00 O'Clock today, he was working on a rather short turn around time. Mr. Plummer: All right, Mr. Gary, what is the actual amount of property involved? Mi. �aarv: You've got the thing right there. Mr. P11inuner: Well, but I want to make sure we're talking applies to apples. You knew, as I recall they need the 6.2. Mr. Book: 6.3. Mr. Gary: 6.13E acres. Mr. Plummer: 6.138. Mr. Gary: Right. 79 I x Mr. Plummer: Okay, now how far west of 7th Avenue does that run? (INAliDIBLE RESPONSE, STAFF NOT USING MICROPHONE) Mr. Plummer: Un huh. Because the total acreage including to loth Avenue was eight point something. Nowhere in any of this backup material does it say what actual property is involved, not in the backup material. Mr. Grimm: The map includes the area here from 7th Avenue to loth Avenue and this parcel west of loth Avenue and each of these parcels are identif- ied separately in the appraisal. Mr. Plummer: All right, now, question. What did we pay for this parcel here? Mr. Grimm: We paid $440,000 for the entire tract. tir. Plummer: Including this? Mr. Grimm: Including that. Mr. Plummer: And are they proposing to take this also? Mr. Grimm: That is included in the appraisal. Mr. Plummer: They don't need that though. Mr. Grimm: This piece is not included....... That is presently County prcperty..... Mr. Fl=Lier: You can't talk to the County, that is comriitted to us in a land swab, you can't talk to the County. li riCI.iPL? CO."'IF11TS ',r. Plummer. It was their property, we are renting it back to them but you „.e to I_uik with us as far as the ow-:ership. ... That': correct. Maycr Ferre: Put it on the record, Ronnie. Ke're aware that that property is owned by the City, it is rented by ti;« C(_,unty from you. What we've got to do is work with them, they've got a f­;r Year lease with you. We've got to work with them to relocate and they havt. incicated a willingness to do so and we'll need to come back to acquire that !i�tl;er small parcel. Y1r. Plummer: Mr. Grimm, without me going and pulling the record, as I recall, you spoke of N acres from 7th Avenue to loth Avenue and the six point something was almost to the Dade County Auto Tag Agency. Now that's what you spoke about before. Now see, that's why I'm trying to get apples to apples. At no time did we ever talk about any property west of loth Avenue. Mr. Grimm: That is correct and that is a separable item but ------- Mr. Plummer: Well, separable, is it part of this appraisal or not? Nix. Grimm: Yes, it is part of that appraisal but it is identified separately and both of our appraisals, both Mr. Bisz and Mr. Slack are here -and they can answer you specifically as to what portion that entails in the total. Now we gavt. our appraisers the opportunity to appraise the whole parcel that the City owns and that is exactly what they did but it is separable and it is identi- fit-d in the appraisal. Ff-r rt.: NOw Vince, let me ask you this question because I remember it 11112 of thu authors originally of buying that property from Seaboard when it first came up, you and me. Mr. i•lummer: I remember being told what a steal it was at 440 and now I'm be irng told that it wasn't quite such a steal. i•I.-eyor Ferre: Well, that's where I'm going. We paid what, $600,000 for that 1,iu-ce of property? Mr. Grimm: No, we paid 440. ... so MAY 1 5151 Mayor cure: For the whole piece? Dtr-. Grimm: Yes, that the City negotiated was about 550 but Seaboard did not want to take a time payment, we had that spaced over 3 years. So as a con- sequence they agreed to accept $440,000 as a lump sum payment. Mayor Ferre: Okay, and how much of that are we turning over to the State if we agree to do this, all of it? Mr. Gf1,mr,,,: No, the part that you are talking about turning over to the State is that which is presently between 7th and loth Avenues but we have an appraised value for that portion which we also own which is west of loth Avenue. Mayor Ferre: Okay, but the point is we bought it for 440, all of it, now we're turning over a part of it for 490. Mr. Grimm: That's correct, and that would probably make the City's appraisers and the State's appraisers come out very close to one another. Mayor Ferre: I'm just saying let's get on with it. Mr. rlur��cr: well, the thing that I'm saying is I'll guarantee you if we pay f-r the property it doesn't cover our cost involved. Now we've got more st i:;•,,)lved than just what we actually paid for the property, if nothing more the at.r:sisals and everything else that was done at the time of closing. ?r. Grin: well, at the time that the Commission directed these appraisals .-ilso said that the State will pay for these appraisals. 5:z 1'iurune.r: What about our's at the time of closing before is what I'm saying. the other point I want to get into is, Mr. Gary, you spoke of demolition. zy. Yes. ':r. Flu mer: 14ow, are we going to have to demolish this building? The figure that you have is a net figure after demolition. Mr. T iurimur: What do you mean after demolition? rimrn: It is a negative value, Commissioner. They will have to demolish t:l;.ilny, they will buy the property as is. Mrs. Mummer: The building is of no value? M-r. Grimm: That's right. But we subtracted in order to be fair the fact that the building had no salvageable value. ':r. i'lurrimer: Mr. Book, what is your appraisal based upon, what amount of trc erty? So what you're actually offering as the total is what? what fig - are you actually offering the City? !:r . 15..-ok : $495, 000. Mr. Pluruner: And that's even the triangle piece at the end? Mr. book: That's with the triangular piece. !Sr. Plummer: What is our appraisal? Is our appraisal of the six hundred and some thousand dollars include west of loth Avenue? ... . Grimm: Yes. . And that is what you can separate out, it is identified separately. Mr. Plummer: Okay. Thank you, Mr. Mayor. M.iyoz Ferre: Are we ready now? All right, are there any other questions by of the Commission before I open it to public discussion? �Mr. Mayor, I would like to put one thing clear. I'm not sure in trorn listening to the State's description as to whether or not they 11„vI- itu.luded the County property in their appraisal, if they have then we're t..Alk;r,g about apples and oranges. S1 h11, y Ir yl,r. :,: . .,, we have not included the -3..:h`y'n part in that. Mr. c i:i: nol . It's not the County's property, it in (' :. piaperty. Mr. hu >.: That is correct. Mr. 51ri. We don't have the deed to it yet. M. . :a- , but it is a promise. . .l."ll.c..:lOn"r, G'lr appraisals wr`!"i - tn' ... .., ps aI1•: descriptions y.'nr property people who pro':la-A the sam- ,- es to the appraisers `.ha i ' " . . that's very true, now si KUL to re is n" misconception i perty is not in our ownership presn"tly, it will be as part of a l n , ;: ;: in five years so let's understand the property belongs technically All right, any other members of the ...,._..ission with an, other . - ifically on this item before we open it up for yahlic comment �+ .. :. . ,hearing? Mr. Mayor, I would ozly like to, 3n: 1 can wait, one of the of one of the appraisals, reading very quickly, that of Mr. i�i.... .. ..,,c about the property on the north .,i..." of 23rd Street between , _ l 0th Avenue. That indicates o me '.,etwc er. `.h and F t`r, Avenue . . , .. in the appraisal. I'm reaAing from hi ; _ie_ cription. Is Mr, _. ".. _ isz , I'm reading from yoir hack, wir, if_.-:ription of t rnpert, thL north .: . ------- Wait a minute. ','m wrong, A.dn't read far enough, Tnink you, Mr. Plummer. A%Y .."_ . 1 have a cour e of '.+.._ ._.. inishi be majo cn this. /.;(_• I'•._M...,_ , yOn _. :nk, 0 1 this point-. 1;ik so. .112 right, thu Chair will rezog ize you. .o_ ert. was acquire! by the city of Miami in l970, December That was made an the basis of an appraisal which I rude of 1978. The factual data was assembled fcr sales in 77 and 72. "isers at all of the State relies upon that area of the station :Iat sales figure the,; are entirely misleading. at that, please. .:.�y if the State appraisers, the appraisers for the State relied ._.._;Motion it is entirely Out of order and should not construed nov Lased on sales in 1977 and 1978. Now, further, that they have ales of the Seaboard Railway on tine north side of 22nd Street Avenue and 21st Avenue, our appraisal is for the Seaboard and -id it for exactly my price which was $3.00 a square foot and $2.50 and $2.00 a square foot. Those improvements on the Davidson ;1 •'_inh ,ire related in current sales happenin, this year, the sales l.I,. z.vAnj un data prepared and appraisals made two years prior. The cur- t:'i n on the re -sale of them included not only the land but some of ,:ne.,ts On it. The prolwrty .,"Id was actually just the land only 1 14eivil d imKrovements on tip- 10vi json iq npert y . Theis' is a dif- '� think the State .1l,14.1i.,,'zn 1"v q"kc ti.at ...r in considering 17 on Lim pr(q.er ty alai What- W"n t he pt , 1w i t y ,'w:aO by the Sea - A! I right, in the interest of I Jm,' i I as now : lit, Mr. BisZ, l ude whatever statements you want., he has asked a question of th" State appraisers that has an.wered. What did they use in their evaluation? Are they here? No. May I speak to that: Coml'iEsionut" Plummer, the State ai- io ": ­: ""to Hired by the State in accordance with the State Statutes and ),I::,w what process they used to arrive at those figures but since they ral als and that's what. t;A ,tate Statutes require of us.... S� MAY 1 519 81 r f i t_rre: Yes, but it is our property and the mi,mLr.rs of this Commis- r, '..��,� i --iRht. and I congratulate Mr. ::% ,,:sly protecting t?t� ..v-nel• that belongs to the people of Miand. NOW, 'we 3r a part rJF t hi� 2r} ie. of Florida but. our primary is to serve thf� pec2le that elected us which are the citizens of Miami. Now, the difference between one and the other in my opinion cannot be more than 50 or $100,000 at the most one way or the other. Now I'm not saying that that's not important, that is important. I think Commissioner Plummer's questions as to the difference in the appraisals as pointed out by Mr. Bisz and to the extent of the land should be properly clarified before we finalize this question. The purpose of what_ we are doing here is we have a Pubiic hearing at which at: the Find, hr)rrfully, we will come to some kind of a conclusion on this. I would like new to get on with the public hearing. Is there any other questions or statements that need to be made by members of this Commission? Now, to the m•�mbers of the public that wish to speak on this issue, I'm going to see how many people want to speak and I want you to take into account the fol- lowing: I sense that it is the concensus- and please, members of this Com- mi.ssion speak out if I am wrong - that this Commission is going to vote for establishing of the forensic hospital at the Seaboard property site nex-- to the present Miami Baseball Stadium next to the railroad where the ,ld i:ahoard'Railroad property was. So please, limit your comments to that esticn arid to that proposition. All right, we will begin. How many on -iris subject? Seven, I will limit seven speakers to three min - will take half an hour. Pin. r.natto: Mr.. Mayor, I am president of two organizations, the Taxpayers' iPaour, an.i the Homest-ad.... I cannot be done in three minutes and you know it. a,• :'t:rrc Ernie, you've got three minutes for each organization. well, you can limit it any way you want to but I want the kn.;w we're getting shafted. Ferro. All right, now you go ahead and tell us about it. X. 1, Fannatto: Ernie Fannatto is my name, I'm President of the Taxpayers' Cvie County and also President of the Homestead Tax Exemption. 1 < r�gi.natec this Homestead Tax Exemption Bill , the second 5, Jti;a?.. 11a•.•k_rybo6y in the State of Florida an extra 5,000 if you're a resident rc ;crs or longer or disabled. And I want you to know that I'm interested f.,re of the citizens and taxpayers and I want to commend all you people who are here today to protect your homes and the crime ome about in this area if either one is voted on. And Mr. Plummer, yo.. ,.,er(, making such a big hullabaloo about money, money is secondary. If two or three people get killed by these criminals in that community it won't L.i wc,r!.h one -tenth of what you're going to get. So let me just tell you. ­.r::ed around and Dade County voted against the residential areas and n<� t:hc-y'ie shoving it on the taxpayers - excuse me for using that slang - J,::` -,he City of Miami in the residential areas doing the very same thing on They did there. I want to tell you what the cause and the effect and thu remedy should be. It is going to cause a depreciation in value on ;nn� ti,�,.•�s when you have criminals that are in hospitals that roam about and ,3et loose and your property is going to be depreciated. And before they vote I'rccinq, to tell you what you rights you have. You have a right, and I hope yc.., go before - court of jurisdiction, get yourself a good attorney and you'll be able to get a depreciation in taxes because of this hospital is criminal hazard in your neighborhood. So remember that. And I think that. it is wrong and I think that the State, I want the State to know I arr, •,(;.:1rtst it, I want you County Commissioners to know that you're not hospital in the right place. There is only one place for it, outlaying district and that is not an outlying district. So if you folks •,rni are doing the right thing, you are not. And you decided one r .ini they're both wrong. So what are you trying to do, devaluate 1!;#• :)z, perty of the taxpayers? When they get through in court, Commissioner i­ going to have more than that reduction in taxes because of ' that roam around in that area that is going to give more tax relief than you're going to get. So when you measure it all up as far as th-, taxpayers are concerned you're doing the wrong thing and very much wrong, a 1,it as the State is concerned, take your message back to the State. ^.: thy City is concerned, reappraise something in the outlying dis- t., ct.5 rind if you want to do what is right and fair to the people disregard tnem. Thank you very much. "r Fr•lin Fraatz: Your honor, ladies and gentleman, I'm going to make this v �y L_1101t. My name is Erwin Fraatz and I live at 2155 N.W. 13th Street. S3 MAY 151981 f ':ere? 1.1 :=; *. own s- :,':ass which IA. ,ri you I ,-.. :;,;- milt• _'arc. One are- -hat ._, 1_ urce you 1 .lents .. e the ' _ ...... % t-i Latlon. ■ �:.ole .,_tuation no jestion Ply 1:... 91,E-1 n0 _..1 C.t,- . As .. , the taxes, ';,ckson Hospital hospital will we- need �Bst t imis I Was or some- ,.,r..._ng rncard, it corpletely r place that 46 �7 L j 11, 1,( c, r 0 L 5 1031 „hat I need to tell all, of --anit believe this, P 1 urmne --h Court, approx- imately, Station. I TI 0 t o n j rry fellow citizens F 1 t. says, "Build It yes, we've C�-, W, c. lve. ur,,4ei stand. 1 want to say sc riethin(7 ry ij(( , concerned and hurt is 1 there a I I + from Miami. Le j11,ma: k i -ne s In you: to send a caring people, we uciru T- i w"o ,ren”, say, to care for themseivt:,s or %,11ft t:issure you based oil the facil- os.,;ary I.recaution to see to it that thosf- c,f �eni4 y;-,u. Please, I get a little: burr_ in my hf2a,-'L- t� �t to -pCint that things are the nor do we love people. 1A2t WI You 'whio ra-., net know what Palm where we "Christians", I don't know what- lnc-311!i wha, happens, in the community, we -ena.:ting what took place t-! our church office and -,ame here within the last: t'., .n ,n; i:s , '.:zrr _ :::,.. _i;_. , ". ::? c,:1 i:... ,aid Ii,ih a t time is s e ry i c e on r se: war,den responded when this i:- 1- 1 - at 1 0, Clock in 15 I lea Z t2 I C -- the service me after tI --Y ca was a the service, js vailal-le but y (-) U yo-a are a -in" his Wife n with them, tire. whatever Uo you know t this morning, 1,l:i,3 come at W. ; `-,ave cot -,ittinc d,�wn at this is 1:1d1 ids we sat there was not at all A -:in, a pretty good husband 1: C, world her because her o 13. s the prcd)lem you and 7 would s 1:..-, t 1 As we went on and her a qljestion. I said, "you love him?" She ""Ci L dour w i S'he said yes. I said -_ire wife, "What is to this. The wife said, Dve ln but *,infortunately my husband has then I said to her, "Dear, said, "Well, let- mc, ki-.uw it is said that if you want e u j 1 Ij an.. !,-)n't <io it today, don't do it tomor- row, I)jt In a ful,: 11111-1;b-alld least expects it, you say to him, 'Hot :i.e "'I!, LI t e; w me Ptr.d I said, "And you know, you may 1 `011 "1" on vr)u, thatyou are carrying alone may I)e shared by your husband." The point r, f tll,At- WLI are 1-iw abiding loving people of this ii 71',N '01-Ti `,-r and our love for others so t 1'.0 t. w i j I 1-1.,d yf,-i 1'.-- able to hear what we say. 1-w able to hear what we say and T 'I, it-,j,t t :i-i, i-,ij yol-ir property, I think it is '4F; j 11.t., . ,c,ti i:w<, a rt sI>ot;sibility, all of us, each of A,11-, ,Lt, ,ez3-,, foiruii,i,ttr less by any chance while you don't suffel t!(wi f-ui,iy c)u may well suffer from somebody in your fam- ily tn('- Aj)d t),e.,i I want you to look at those persons w"I'' illi•it .,t ..t a tn,-ili p!o : lor) that you're talking about and here is W11 1 I '41111t YOU r—' SLj',': "There 'Lut !,)r the grace of God, there but for t-he fil'i—, .;! !", 11j.j .1 Lokrk�! today, we have our right mind, Wf� hitVt- lit !Licalties, oul ni is good, tomorrow it may i:ie us. Moyoz AiL: yo,j (joi.;,q to secono tiie motion? S,6 i a�• Rev. Gibson: I second the motion. Mayor Ferre: All right, is there further discussion? Mr. Plummer: Would you repeat the motion, please? Mayor Ferre: The motion I think is a general motion and I think eventually we have to get to the ordinance itself. The general motion is, as I under- stood it made by Commissioner Lacasa was that the City of Miami now selects the Seaboard property site as that for the forensic hospital to sell to the State at a figure that is still to be determined after the questions that Commissioner. Plummer, Mr. Leonard Bisz and others have been worked out, but we know will be no less than $495,000 but. we expect that there will be an additional amount and that the question as to the 78 figures and all that will be taken into account and the re-evaluation of this before it is final- ized to the satisfaction of the City Manager, Mr. Howard Gary and the City Attorney, Mr. George Knox both. Is that sense of the motion? !.r. T-acasa: That is the sense of the motion, there is only one thing miss- ing acid that is concerning the question about the necessary zoning variations and so forth. Mayor. Ferre: Well, that has to follow a process, doesn't it? Mr. Lacasa: That would be part of the process afterwards. Mayor Ferre: All right, is there further discussion on the intent of the motion? Mr. Book: Zoning goes with this.... 01 Mr. Lacasa: No, that's a separate....... Rev. Gibson: We'll take care of that, don't worry. Diayor Ferre: This is a motion which states the sense of this Commission at this point, is that correct, Mr. Knox? Mr. Knox: Yes, sir. THEREUPON THE FOREGOING MOTION, duly introduced by Commissioner Lacasa, and seconded by Commissioner Gibson was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo _ Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None (LATER FORMALIZED INTO RESOLUTION NO. 81-444) 81 (On roll call) Mr. Plummer: I'm going to vote with the motion but I want it clearly under- stood where I'm coming from. This motion is a motion that this Commission (a) has selected the Seaboard site or a portion of the Seaboard site and (b) is the price is yet to be determined before final completion of the negot- iations. Under those circumstances I vote yes. Mayor Ferre: In voting let me clarify my position very briefly and again. The last time I voted against this because I was against the idea of putting a forensic hospital in the neighborhood in the Civic Center. I am going to vote for this motion and in voting for it I remember, and thank you for remind- ing me of Maxine Baker. I had the good fortune and the honor of serving in Tallahassee in the Florida State Legislature in the years 1966 and 67 and often worked with Maxine Baker. She was an angel, she was a living example of a human being that cared in a very quiet but very effective way for others. I just came back from a trip to Israel and it has never been clearer to me what was said 2,000 years ago and I want to repeat it to you because if I could I would repeat it to you every day. I think it is a living symbol of what we as a country and a community need to do. "If I am not for myself, who will be for me? And if I am only for myself what am I, and if not now when?" We cannot live in America only thinking of ourselves all of the time. And I know it is a difficult thing, everybody wants to go to heaven but nobody wants to die and the point is that you know we live in a society where we have to take the public welfare into account and balance it with our own private needs and the oxes that continually were worrying about being getting gored and, therefore, I concur that this is not the best solution but it is a hell of a lot better solution than we and before us and I think it is an improvement, a big improvement and I hope that this will be a happy solution to the problem and I vote yes. Mr. Plummer: Mr. Mayor, I would suggest that we take a ten minute break allow- ing these people to get out an6 the peoDl-e of the Housing and Rent Control to get in. Mayor Ferre: `- k e the ordinance.... Excuse me, =a :. - s,, r �,r e amending Ordinance No. 6871, i= Mr. Gary: ,e .i wan~ 45a, you want to act on 45a AN ORDINANCE hI:'i'I`I'I..ED AllCO?i- PRl:HE', : _ iV BY i:Fii�?ti, Ilit.i i~:;. :. A:_... C'IF,..:;1FI .=�TICti CF APt'ROXI- l'iATE:i.'i 7(-),)-•7'> , N.P7. 23K") STREET, BEING LOTS ADD 11,0. 1 AND AL!. U' BLCA'! C<, 1 , S53'+ COM- Y:E::CI'� ; 6ti. i(i�ii i�'.._,.u;_ f+:.: h�IN� 1014.26+ E A3 Th i�"_)'.;'E F'i.D Il; DL:ED DATED DECE!.UrFR' 12, COAST LINF. RAILROAD CGIMLPAN T,; i'ii.. Cl'_ , i' _ i�..' .. '. D GN THE OFFICIAL 1J1, BOHEMIA PARK A D lF� i?i! , �u�D UN'l LATTi.D - PART OF N� OF NEB SE� OF SEAS OF 26, 53 SOUTH, 4 i:'.7'i ..�.... A;,,, !.!:SS . 35' FGR STREET; AVEtiUF Ai::J .,ES:. = SAI, r.' : RC:4 C-5 (LIB R.AL TO GU THE N:CESSARY C'iii;::::::: 1'ii..LuKI`:( .ISTRICT l.Ai : ADr A PART OF SAID ORDINANCE NO. eau i i BY RFFEFENCE AND DESCRIPTION IN ARTICLF III, SECTION 2 THEREOF; BY REPEALING ALL CRDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVEFABILITY CLAUSE. Was introduced by Cor,.missioner Gibson and seconded by Commissioner Carollo and passed on its first readirna by title by the following vote - AYES: G>mmissioner Joe Carollo Co ..,iissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson N;a; or b;aurice A. Ferre N.--IFS . N'DnC . ABSENT: Commissioner F,r; a� is L.acasa. The City Attorne; read tho- ordinance into the public record and announced that copies were available to the members of the city commission and to the public. Mayor Ferre: Anything else? Mr. Plummer: Yes, since the agenda is broken down, I move that Item B be denied. Mayor Ferre: The motion is that Item B which deals with the Civic Center area be denied. The following motion was introduced by Commissioner Plummer *ho moved its adoption: MOTION NO. 81-435 A MOTION DENYING PROPOSED ORDINANCE IN CONNECTION WITH CHANGE OF ZONING AT APPROXIMATELY 941-1199 N.W. 11TH STREET FROM R-C (RESIDENTIAL OFFICE) TO GU (GOVERNMENTAL USE). Upon being seconded by Commissioner Gibson, the motion was passed and following vote- 7%VV0• Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: [Jong.. Ab!:LN'i : C'ununi ssioner Armando Lacasa. Mr. book: Mr. Mayor, on behalf of the Governor and everybody else on the State side on this we would like to -thank you and the Commissioners, Mr. Gary, S8 ,JAY 1 519 81 "1► _ F ..'c;" -. .. t�i�_li.l.i.a:��.Ui liiS �.,_._ �i _ '. .... ..r.. ., ... )_:". 11C✓1:'iCJ t ie ." •:1 _..ii a..rdre him loi (ia c_ 3vi.:, in ll- lqt i. ?i' ::)r) y ike yourself t.!) T < _ it SUC I 3 tOUg n i.5. Mr.. A.�'�:: you very much. _<:} e a 5 n. ir. �'�,, i r,�a _ �.� . -.r� rn•c::: as quick- -,;.ill be _, .�.. .. ,.•Y . t coi-irassion - :c to come he,:, .in 0; - I.. .> W. 1"tdi!y tr 3I. .,i' t:_:v:. at these Flow m7nj' you are here on Item 46 t i15t. .. OF `')U--- I_u'antos ustedes estan aqul en contl"cl :e renr.;3s? lacer lay ma.'tOS por. favor. iicw many of you here are for rent control? Cuantos ustedes estan a *Lv')r ae ordinanca de------------ All ri you would, please, I wili rcco(1r.ize you in a due and orderly way. I w;.'.1 net accept screaming, I will not accept people out of order here. I'm trying to establish a precedent so that bcth si.jes will be represented, that's all I'm trying to do here. It does not vivo you a right to scream to get upset and excited. Now please sit dow;;, rol emotions and you will be allowed the opportunity to speak if you spF,Ak in a civil way. Now, let me go to the other side. How many of you are are that are against the rent control ordinance? Estan en contra de is r-)riina nca de control de rentas? All right, now I think you can see that there are about equal representation on both sides...... Mr. Diaz-Balart: Mr. Mayor, if I may say so, you see, the big problem is that it was said before the forensic issue was discussed that everybody that was here for the housing issue should leave and then after the forensic issue was finished people would come back and we've seen that the people more than half or two thirds of the people here with signs and very well organized sat through the forensic issue and now the elderly people that have been standing outside sweating cannot come in when the other people sat on the other issue. That's a violation of due prcess, Mr. Mayor. Mayor F'erre: All right. There is no way under any system that I know of where I can force anybody to give up their seat. Mr. Diaz-Balart: But you can let some in the hallways. Mayor r'erre: I will let them in as long as we do not violate the law, and we have the Fire Marshall and the representatives of the Police Department that must delLermine whether or not - we cannot put people in corridors because that is a violation of the Fire Code. Now, are you telling me as a lawyer that you want us to violate the law? NI . ,lA<li...-c:uiat't: No, Mr. Mayor, of course not. Mayor Ferre: 1 didn't think so. Mi. Diaz- balart: What I'm saying is that when you said before, you asked 1,,''I I,• ar,(1 Commissioner Plummer asked people that were for that other issue to be pie -sent the people with the signs stayed here and now they're the ones that aie occupying all the seats. " �i: I suggest, Mr. Mayor, that they be allowed to go upstairs. Mayor Ferre: Wait a moment, now one at a time, please. You are out of order. S9 MAY 1 51981 44 '-Zr. 14ayor , may ii suggest th,it once the people have come Forth t _B led that they, in fact, leave the chamlhers and allow others to com , in ar:;i `estify if they have made their thoughts known to the Commission. b:ay:r FCrre: All right, now, the guidelines for this - now ladies and gentle- men, Mr. AI:t Greene who is a very well known and distinc_iuished gentleman, he I as tc. ;atr:h an airplarne and we're going tc let him make a very brief state - You a: then you're next, I'll give ;you as much time as you want. All right? Now, before we get started, Armando, the people that are outside are here mai:ily o;l 1,11,2 Flaaami issue. Ncw Mr. Howard Gary has informed me that he has sF=:.t .` iie out there and there is nothing I can do. Is there anybody else c,,tsi Io? Sir: (1,;AUDIBLE RE PONSE) Okay, now is that clear so that we don't h,ve t:; worry about this issue any -lore? All right, thank you, sir. Now, the ::eople that are outside are here on another issue. I can not force Yes, it is on housing but not rent control. Mayor Fcrre: Now, Mr. Greene, because you have to catch an airplane 1 will recognize you then I will go to Mr. Diaz Balart. Mr. Art Greene: Thank you. Mr. Mayor and gentlemen of the Council, Father Gibson, this business of rent control has been around for a long time. We thouglit it had been buried and settled in 1922 when the United States Supreme Court rendered a very historical decision. , UNIDENTIFIED SPEAKER: Louder Mr. Greene: I'm getting advice on broadcasting after having been in the industry for 50 years. But I thank you. In 1970, my dear late friend Gwen Aas elected to the House of Representatives and the worst thing she did was in March of 1971 to file a Rent Control Bill - 622, Community Af- fairs voted it unfavorably, the next year she did it again and they also voted unfavorably. The following year a political adventurer by the name of Alan Becker joined her in presenting House Bill #70. That was voted down. They called him Marshall Harris, the Chairman of the committee in charge of money, the Appropriations Committee, he suggested 3 amendments to the committee, four amendments, they turned that down. Year after year after year, there are two bills pending now which are not being processed for rent control and every time they have had the opportunity to do it the Legislature of the State of Florida has turned down rent control and they've doi,a it for a very very good reason. Their committees have investigated thoroughly and here are some of the reports of those committees. These com- mittees have all decided and the Legislature has all decided thaL'. rent con- trol is in and of itself a very evil, a very wicked, a very non -productive thing. Now let's get to the meat of the coconut in this particular issue. Thi.: �jr:linance is based, and I hope, Mr. Knox, you'll hear me, I'm sure you will, was based on a bill that passed the Legislature in 1977. It was Senate Bill 403 which said there were to be no rent controls on any building where the rant was more than $250. That's what you're faced with now. And one year ,after this bill was passed and signed by Governor Askew the City of :gassed the same kind of an ordinance that you have before you now. acre them as I am appearing before you now but with the crowds cht,crin(j and everybody booing and hooting those who are opposed to rent con- ��,�., jwy passed it, they passed the ordinance, I hold it in my hand, No. 78-128. One of the property owners took an appeal to the 90 r t,Y 5 ,81 4 .1 '.il ;It "t hti:',r:�lld Col1r.`y. .fie ..AS•_ `.•%a:. ,ll .. ....�. l_,�:',,-.,.-. Mdntz, t;.. try d:ail at. the T r,%t h1 i i:d'. Y 1.... _ rC th-_re ,)n the bench, he uI�:t::te n1s decision was and later th,: r,•. xt mc:I;i, _,,.i17Le it irl'C ci written opinion. I'm not gG'You to te11 w:lat J',:_ .,::ntz 531<1 but jilst the excerpts of it jud c' ,'•iantz said, "i'eople the rjovern- men`_ they need and about as much as they Can stani3. To ;c t.pt. rent- control -)n i say _ ne ordinance as s �:r:lve id�•elli� ea would incense eryo. They he we nt: _ ln`rUile`-' by g(--)ver:.il(?nt acjency into the mana'.Jcment=, a:1•: full -use of F1L 1'J,1'.f.1 prr)t•erty, It is flatly forbidden by the Constlt.ilt;.'Jn. T',-Iat is the Ui iudge Mantz. Now, we have never dvE'r in t1lls c'?untry had rent cc,-ltrr is verse. What we have had, price and 'Wage C:! ntrJ.is bec.iuse price and wa<]e <:3ntrols are ler,al, price and wage controls are Constitutional. You cannot nossibly control the :rice of anythine from shoe lac,_s to battleships until yo'u can first control what It costs to build a battleship or make the shoe laces. When the Cost of feed goes up It costs y)u more to buy a steak or any piece of meat in the supermarket. When the cost of fertilizer cees ,q) It costs you more to buy potatoes and t(-m,itocs. An-; 1 to you that Unless you control the price you can't cO.7 ntr1 `=[i�� Cis: , �. 11'�E,.-; j'�'1 call con - trol the cost y011 C3I1't C�ntlUl the I�r10E Unless 'soli ,ln tell the 'a:':COl- lerl or f:c1W much taxes to collect, the 1121iOns Ciow ^luCh t'J allot their carpenters __ - -: i-l-rls and masons and plumbers char(_e, the b,:.ks hrjw much interest ,:harue, whe[ii you can do all ...i0ii r_' th-:-,,(,-s tnen ., 11 is "i'. tell the home'.- l:n�lord how much he earl charge but. until t::a= h�; cns you are r::ivt, the City of New York all over acain and 1 suo,-est you vote this ordinance. �1 r1Cnt, fir. 1 1nc )ln Diaz-Ba'l ,rt .or tht opf'osl:.Cj vlew. CO:',?,ENT FROIM AUDIENCE) O;Cay, n0 SC2 E'ui;llrlg l.d.:ies and gen- tlemen, and to this nice lady who spoke out of turn, if we all start doing wh ' -"Gt did we're going to have a riot here and I would appreciate your helping me in not doing that. So do not encourage people to violate, do not do to others what you do not want them to d:j unto you. So please con- strain yourself. Mr. Carollo: I do hope we remember that, Mr. Mayor. Mayor Ferre: I hope we all remember that. Now proceed. Mr. Lincoln Diaz-Balart: Thank you, Mr. Mayor and Honorable Commissioners, my 1 • i,, : iris-oln Diaz-Balart, 1393 S. W. 1st Street, Miami. It feels kind of strange having to put on a case after it has already been rebutted but I -7cupt that..... Mayor Ferre: Mr. Diaz-Balart, let me do it formally. May I apologize to you and to those that are here with you? Mr. Art Greene is an old man who has a pacemaker on his heart and he has to go catch an airplane and he has to leave at 4:30 and out of courtesy to him because he is a distinguished aentleman, elderly gentleman of this community who is sick I agreed to let hirr sneak first. Now I apologize if that hurts your case in any way but you are free now to speak and say anything you want. Mr. Plummer: Counselor, may I ask if you are an attorney? Mr. _ :_-.,3lart: Yes, sir. Mr. Plummer: Who are you here representing, sir? Mr. Ziaz-Balart: I am here representing specifically Mrs. Anna Calzo and Mr. F'l iimmer : Are they all paying your fee, sir? Mr. Diaz -Da last: I'm with legal services, sir. M• ",".^• So you are here representing them as a member of legal services. Mr. Diaz-Balart: Yes, sir. M: 2'limmE'r: Are these cases of pending litigation? MI. 01.2::-h..liart: Sir, specifically in the case of Mrs. Calzo litigation was :,U proper due to the fact that her problem was that her rent ha,i been raised 5 times over the last year and so it was thought that propos- inra rent. control legislation was the prif legal course due to the fact that, MAY 1 51981 � r as you know, sir, there is no rent control legislation either in the City, the -1. _)ant, or the State. Plummer: Counselor, I will ask my simple question again. Are any of tine people that you are here representing presently in pending or antici- pating litigation? Mr. Diaz-Balart: Concerning rent control which is what I'm here for, no, sir. Mr. Plummer- I'll ask my question again. Are any of the people you're representing pending in litigation? k1r. Diaz-Balart: Not concerning what I'm here for, sir. Mr. Plu=er: But they are in litigation in other matters? Mr. Diaz-Balart: I don't know, sir, they may be, I'm saying I'm not repres- enting them. Mr. Plummer: All right, sir, that's what I was trying to ask. Thank you. Mayor. Ferre: Okay, proceed, Mr. Diaz-Balart. *tr. Diaz-Balart: Thank you, Mr. Mayor. I think first I would like to make clear that by passing the ordinance which is before you today the Commission would be finding and declaring the existence of a housing emergency in t;iami but procedurally what that would mean if the proposal is adopted on first an? s --nI reading, it would mean that it would go before the electorate. I w�,r,t to make that very clear. I think perhaps before I go into some data which the Commission had asked for at the previous meeting concerning the ,existence of a housing emergency in Miami, I think perhaps an outline of the proposal before you should be brought to light, the proposal as finalized with the legal assistance of the City of Miami Legal Department, the ordin- ance woul-eclare, as I said, a housing emergency in Miami so grave as to constitute a serious menace to the general public. The second section is a section of definitions of terms utilized in the ordinance. The third section spea}:s as to which rental units would be controlled if it were adopted, actually that is Section 4 of the ordinance which reads, "All units in resi- dential rental apartment buildings with 4 or more units where the aggregate rent due on a monthly basis from all rental units on or after January 1, 1977 by the number of units was $250 or less." This is the langauge of the State Statute 166.043 to be exact and throughout this ordinance what has 2:•ec; 3or.e is that the legal and constitutional requirements imposed by the State law and constitution have been very carefully satisfied. Section 5 of the ordinance concerns rental units specifically not affected andluxury apartment buildings as defined by the State law are excluded. Again that is State law 166.043 and luxury apartment buildings are those apartments in build- in-s •wht:rcin on January 1, 1977, the aggregate rent due on a monthly basis fro.- all dwelling units as stated in leases or rental lists existing on that _]atr, divided by the number of dwelling units exceeded $250. Also excluded frori the proposed ordinance are rental units in any hospital, convent, mon- astary, extended medical care facility, assylum, non-profit facility for the aged or a dormitory owned and operated of an institution of education, hotels, motels, rooming and boarding houses or units rented primarily to seasonal guests, rental units which a governmental unit, agency or authority owns, operates, manages or in which governmentally subsidized tenants reside are also excluded. In this Section 5, 5 (d) to be specific, rental units in build- ings constructed after the effective date of this ordinance are excluded. The argument which is often utilized against all concept of control no matter how moderate, no matter how conscientous, no matter how rational and no matter how grave an emergency, one concept that is used very often is that rent con- trol serves as a disincentive to the construction of rental housing. This rpecifically would exclude new apartment buildings so if there is wluo out of their generosity, social consciencous or whatever would huild an apartment building for low or moderate income people they w—uid not bu included, that apartment building would not be included by this ur�ii„an�e. We state that no low or moderate cost rental income housing is veiny built now, that it can be statistically proven but certainly it could ,,:itsaid that this could serve as a disincentive if somebody would like to yu ahead and do so. Section 6 of the ordinance concerns filing of regis- tration statements and notification of control status and I will go ahead and read that, I think this ip something that should be made clear. Every =•-- ,;ith four or more rental units shall within 30 days after the effect- ive date of this ordinance which would be January 1, 1982, file with the administration of the City registration statements prepared by the ��l 92 t-%I 1 5 • v • refits, - t I oil C11. of ..('1- a Sii.:t 11 t :, l •it.red ne_isSarl' t_U i:e ii i.f W. _ ., !_ .:ttt- `I_ mine wi, _tr.er hc'.iildtngs are :overe,3 i:y t ius oL ni:., c, t :. c ?::e pur- poses !I rci r, , s•.ich r,�gistratiun state:r.ent shai i ht i _ .:,i e by a certi- fied ,i';ilit,=ectien b of Section 6, the Ci`.' adlr.i*,_,.t r:l+_ c ri s!lall promptly not Lty .ai,11C,T 1 as to their liu11d1;1C7`S ..itc' f Lt i.. :i...., _. (C) LanC::JL ... S lay l ilis .Ails<. to all tF l"i itstir Ur,i 5 ._i.r .iIt1:_).LIC- �iil•3 S(,iI 'UY•.'1(2r 111.G11ii Ild •. c._. i(... tliul' r Ulli t;, as Of _ i:] 1J1'1 1 _ e'_.S'.-ra* -I 11 i.s the intF ration of the hrop.sF',: I I1:, :aCC rt a 1>. )X ir, the Ci`,. which l'articlilar •aq(3:,c-:. (Di, ,",`_.....= i._ bt._. .iltt:l for the Ic iuir('id lit' the (i: :lllci:.:i?, r. _,. ?:at' .,...ia( ,.:r at his w(,uid 1)e ,,ille tG 1E't?r1ll:it w':i.:,_.'t i ;L' i:.fi_e Of w .,u:d best 1,e suited for carry iris"; 3; ie i for by the oI":11:.,ii:CQ. LdC* JYS SuCii as eXaCt CoStS, Cic,Il_...•Jl i_ Tt' j' lrt?:l "it:', etc. would ai?"Jie 01�j'.:I ..',_II-i_ i' ul-i i;i C. In .1::t311 C'i7 i.1+ tilt i. _. _ lv si- e one I iiL-1t l r' , 1ei: C1,T)er that ttli .. GI -:l ia:. :c ':v',1 . , t- i _ �.'.i _ ed v the ati- . ;r tl e api-.i.ovLil or a in tlia'_ It is nD,_ t'.'C I'•;�n ..ut. LluS l;:t.:. i;I .:5('.:: ! I' <i•.. .... r_ ., . .. .. ...'_ .-.�.-.: I Oi fiC:ol_• iCC:i,t l" i:.ILi 3:�1:3CJ" iS T.ir_1, :d_lE.. ai a:, , as t",',jai 1s d L11�' 1"i,.,�,,�.,. .:,- ic•' .,�1 ,.. .).i a I1.....:f� .'Ciao-t:;,, .hE f`f.'I:. .;S�1L:G 2t•it i<.-._ ... .,.., of i.nits, i. t.. 3 •. �.. .� _.:1 , till _. 1.S ,i .. 'uLa.. ..,,u.l �: _.. _ ., ..rr .., ,......_(:. la) J., P_ .,C..:tiorl 4 above may be increased by nG -morG this ordinance which would be 1962. Existing rents caz_:d not: be increased by more: than 10�, during the duration of this ordinance r by actual costs as evidenced by certified audit to the administr:tit:-urina- the 1 year dur- ation; of this ordinance. Landlords and tenants witlh leases with escalator clauses entered into prior to the effective date of this ordinance which may excc-ed tiie maximum increase shall not be in violation of this ordinance so it c'arinot be said it is in alit' way an infringement on the right of contract because specifically contractual obli(;ations that surpass 10% during 1982 are excluded from coverage by the ordinance. Now, I would like to bring up at t'lis point what I thought was an interesting editorial in today's Miami Her -id end I'd like to bring it up because somebody, and I don't know if exactly who it would be, who knows, somebody that was giving information obviously to the editorial writers of the Miami herald obviously has sought to deceive them because those editorial writers of the Miami Herald are us- ually correct and they're not correct on this issue and as I say I think they were deceived, and if I may read part of the editorial I think I can show you why somebody sought to deceive those people or to lie to them. Playing Politics on Rent Control - I don't know how many of you had a chance to read it this morning. Among the things stated in the editorial is that land lords held to fixed rental income cannot pay inflationary prices for needed repairs. I would like to point out again that in Section 7a of this ordinance landlords would be permitted a 10 increase over existing rents in January 1 of 1982. Say the rent is $300, they would still be permitted a 10i increase during 1982 of existing rent or if that is not enough because of some emergencies some repairs, extraordinary repairs or whatever, taxes, whatever unexpected expenses may be incurred by a landlord that will not be satisfied, will not be recovered by a 10€ increase in the high rents that already exist the ordinance permits them to recover actual costs -during 1982. So as I say, I think that perhaps unwillingly or perhaps not unwillingly some- one gave the wrong information, someone that either hadn't read the proposed ordinance or purposely gave wrong information to the editorial writers of the Miami Herald because they didn't understand that we would be calling in ordinance for actual costs as well as, in other words a 10% iairw of actual costs are permitted. KI%,,"•I I"-tre: Mr. Diaz-Balart, the Charter gives me as Mayor the right to limit any Speaker to 5 minutes. Now, I did not put a limitation on Mr, Art Grcezie and I have not put a limitation on you. You are now getting close to 20 1 would be very grateful if you could limit your presentation to half an hour because we have another public hearing and unless anybody, we have been through this process before.... That is very reasonable, sir, very reasonable. The other sections I won't read then to you, I will just say that they are very, well, we could call them, most of them deal with just legal requirements, there is 93 MAY 1 51981 a prohibition section, civil remedies section where excess rents could be recovered by the tenant, any excess rents charged by landlords. The ordin- ance is submitted to the electorate, it would be submitted to the electorate even if it is approved by the City Commission, the effective date would be January 1, 1982 for a period of 1 year, there would be a penalty involved, the possibility of penalty involved equivalent to, for example, driving with- out a driver's license, a second degree misdemeanor, $500 and/or imprison- ment for a period not to exceed 60 days and the other remedies saved and severability are what we call, I guess you can call legalees but they are required in ordinances. To make my statement short, Mr. Mayor and Honorable Commissioners, I would like to state that I think it is important at some point, Mr. Mayor, for the raw data that was asked by the Commission to be read into the record concerning rental increases and I have that here and I would just like to make a very brief statement concerning the proposal. I'll be very brief concerning this data but for the record I think it is required. It was provided by Rhineholt P. Wolff, Economic Research, Inc. I have data for the first quarter of 1977, the first quarter of 1979 and the first quarter of 1981. Countywide vacancy rates for the first quarter of 77 was 3.2, effic- iencies, the average rent for an efficiency was $199 a month, for a 1 bedroom apartment $243, for a two bedroom apartment $337, for a three bedroom apart- ment S411, the average apartment in the County was $277. As I say, this is for the record, it may be a little boring but I think it is important for the record to include it. In the northeast section of Miami the vacancy rate in the first quarter of 77 was 7.5, the average rent for a 1 bedroom apartment was $213, for a two bedroom $286, northwest section the vacancy rate was 4.5, the average rent on a one bedroom apartment was $213, for a two bedroom apart- ment $262, north of Flagler in the City of Miami the vacancy rate was 2.9 in a one bedroom apartment $206, two bedroom apartment $275, south of Flagler 10.6 was the vacancy rate, a one bedroom apartment was $197, a two bedroom apartment was $262 and in the Bayshore area the vacancy rate was 2.5, a one bedroom apartment averaged $298, two bedroom $409, that was 1977, first quarter. The first quarter of 1979 countywide .9 vacancy rate, efficiencies averaged $235, one bedroom $280, two bedroom $369, three bedroom $401, total average $310. In the northeast section of Miami the vacancy rate 2.6, one bedroom $213, two bedrooms $273, northwest section of Miami the vacancy rate 2.3, average rent for a one bedroom $217, two bedroom $277, north of Flagler ti:e vacancy rate .2 of one percent, one bedroom $225, two bedroom $219, south of Flagler .7, one bedroom $220, two bedroom $322, Bayshore .7 vacancy rate, one bedroom $371, two bedrooms $466, now first quarter of 81, now, county- wide vacancy rate .8 of one percent, efficiencies averaged $328, one bedroom $ 74 , two bedroom $543, three bedroom $495, total $435. The vacancy rate in the northeast section of Miami according to Rhineholt Wolff .9 of one percent, one bedroom $355, two bedroom $440. The northwest section .5 of one percent, one half of one percent - one bedroom $341, two bedroom $399; north of Flagler one half of one percent, one bedroom $337, two bedroom $401, south of Flagler 2.1 vacancy rate, one bedroom 4336, two bedroom $402, Bayshore area 1.3 vac- ancy rate, one bedroom $567, two bedroom $469. Concerning the percentage of Miami is 60 to 70,000 approximately apartments that would be covered by this ordinance,.I would point out that the average two bedroom apartment in 1977 countywide was over $250 as well as two bedroom apartments in every section of the City that I have available in these records - in 1977. And, in fact, in the Bayshore area even one bedroom apartments were over $250 on an average in 1977. As stated, in Miami the vacancy rate is clearly under one percent in most sections. Now in other areas that have adopted rent controls, speci- fically the recent area of Santa Monica, California, five percent is considered an emergency housing situation. Here we're dealing with less than one per- cent. Basically, to terminate the section on averages, statistics which as I say it has to be laid in the record, over the last two years the vacancy rate has dropped countywide from .9 to .8 percent and dramatically in some sections of Miami such as the northeast section 2.8% to .9% and in the north- west section from 2..3% to .5%. Rents have risen on an average approximately, and I can qo down the line for you, in the northeast section 67%, 62%, that's 1A*I t•.;i bedrooms; northwest section 57% for one bedroom, two bedrooms 444., nuith of Flagler for a one bedroom 50%, for two bedrooms 38%..... Mayor Ferre: Mr. Diaz, I don't mean to interrupt you.... Mr. Diaz-Balart: Just for the record, sir. Mayor Fore: You can submit that to the record, nobody is paying attention to all that statistical stuff, just give it to the Clerk and submit it into tht� rccnrd and stipulate that it is in the record. Mr. Diaz-Balart: Fine, thank you. There is opposition to this measure, obviously, Mr. Mayor and honorable Commissioners, as stated the vacancy rate 94 fA t,Y i � � 49 in Muni is less than 1%, of cities that have taken remedial action in this area consider 5% usually, 3% at the most for an area to be considered critically in need of some remedial action. What we have brought forth in response that Commissioner Lacasa has agreed to sponsor, we are very thankful for it, a proposal for a one year ordinance that permits 10% raises or costs. We have satisfied the strictest statutory requirements that any state legislature imposes on any municipality and still there is opposition. Many people already are choosing between three meals a day or paying their existing rent and there is opposition. Many facing the pros- pect now of cut backs in their already very low fixed incomes but there is opposition to this measure. It has been said that the problem with this measure is that it goes against the theory or the practice of the free enterprise system. I maintain, Mr. Mayor and honorable Commissioners, that opposing a moderate conscientious and necessary measure like this strikes a severe blow to the free enterprise system because it substantiates the arguement of those who maintain that the free enterprise system benefits the rich and the powerful while failing to protect the poor and defenseless which we know is not the case. An American that I know you admire very much, Mr. Mayor, Harry Truman made the point very well when he said that free enter- prise is the best system in the world as long as it is maintained for the benefit of all the people and not for some of the people to utilize against others. And, Mr. Mayor and Honorable Commissioners, Harry Truman called those who sought only their personal pecuniary interests gluttons of privilege.. We are facing a crisis of confidence in our society and espec- ially in our community. People do not believe that the political system can respond to even their most critical needs and like the crime problem, the iicssing emergency must be acted on. Many other things must be done to re- lieve the housing crisis, I think everybody would agree with that. Perhaps t^t, ran amend the U. S. Tax Code to create incentives, density re- quirements perhaps could be relaxed, many other things could be done along these lines but today - I'm almost through, Mr. Mayor - but today you have before you one way to start dealing with the crisis and at the same time (1) let the people know that you hear them, that you care for their problem, (2) help silence the arguments of those who say that free enterprise will only benefit the gluttons of privilege. Mr. Mayor and Honorable Commis- sioners, we need to reiterate that that is not true. Thank you for your attention, Mr. Mayor. , Mayor Ferre: Now ladies and gentlemen, Mr. Diaz-Balart spoke for 32, maybe 33 minutes. Previously I had committed because he had to catch a plane Mr. Greene to speak for for 6 or 7 minutes. We have many distinguished people hc.-c c: :;oth sides. I would like to remind the Commission and those of you that are present that we went through this very same identical process less than a year ago and very many of the same faces that are here were here then and had an opportunity to speak on this particular issue. The City Commission instructed and the members of the realestate community accepted the challenge of coming back with specific proposals or creative measures to hopefully add additonal housing desperately needed in our community. Subsequent to that, 60- 90 days later, Mrs. Rose Gordon, a distinguished former member of this Com- mission chaired this committee and came back with specific recommendations. At that time, Mr. Ed London who I saw a few minutes ago and others spoke and came back with some recommendations that have been discussed even though not concluded. We have here also Mr. Sheppard W. Davis, also a friend and a very distinguished member of our community who is a president of Tenants Assoc- iation, Inc. in Lincoln Read, Miami Beach who wishes to speak; Eufalia Frazier on one side, she was here before and spoke. I think that in my opin- ion we are going to spend maybe 3 or maybe 4 hours here. Ms. Eufalia Frazier: (INAUDIBLE, NOT USING MICROPHONE) Mayor Terre: Six months ago when you were here? 17s. 7razier: No. Mayor Ferre: Well, I apologize. Some of you have and'some of you have not 1_...:.. .11 right. Now, the point is that I would like to do this. I would li;., A:k distinguished members of the realestate community that are here, it's president, I really think that we have gone through this discussion time and time and time again. I don't really think that anybody is going to say anything that hasn't been said dozens of times. What I would like to do is I N,g1.3 like to get members of the City of Miami Commission, and I think we have four and I think Father Gibson since you know has been ill is in his offirp but he is listening on the loudspeaker, I would like to get members of the Commission to express their position here and I think we'll get a con- sensus out of that and put this matter to a vote one way or the other. It will save us three hours. I would like to begin with Commissioner Lacasa, 95 MAY 1 51981 to express his position anf then perhaps Father Gibson, Mr`arollo and Mr. Plummer and then we'll see if anybody wants to speak after that. Ms. Frazier. Ms. Frazier: Mr. Mayor, I have with us the President of the National Tenant Organization who was a former member of the Nixon Stabilization Board and he was a former legislator and because of the Herald's editorial this morning he flew into Miami to come here today to speak with us and to give us some in light on the real facts of the rent control and I would like for Mr. Jessie Gray to speak. Mayor Ferre: I will make an exception, of course, to have such a distinguished gentleman here fly down from Washington, I would be very happy to recognize him for a brief statement and then I would like to see if the members of the Com- mission could express their positions then we could move along. Ms. Frazier: Well, for the record I am Eufala Frazier. I live at 4929 N.W. 17th Avenue. Mr. Jessy Grey from the National Tenant Organization. Mr. Jessy Grey: Let me say to the Mayor and distinguished members of the Board of Commissioners it is a great opportunity to be in Miami in the sun and enjoy this unique spot in the sun. I am afraid from a national point of view that the housing shortage is so deep and so grave until it has just about priced the poor and the moderate income people out of the private housing mar- ket, completely out of the market. I read the editorial in the Herald this morning early and I got a flight out about 11 O'Clock. The Herald raised a basic questi-n that New York City is a terrible example for rent control. Let me indicate I think New York City is your best example for rent control in the country. And they go further, they exhibit mass abandonment around this country to rent control. In 1950 when the Office of Price Administration phased out New York State was the only state to maintain rent control in the nation. Let us take a look at Chicago, Detroit, Cleveland, Washington, D. C. I can name city after city where thousands of buildings have been abandoned, it had nothing to do with rent control. And I think we should indicate basically the question of the housing crisis in New York City throughout a single fundamental question. And what was that question? Landlords could not set- tle for a marginal profit, they wanted to take all the money home they col- lected and that was the fundamental question in New York City. And let's take a look at New York City today. I heard someone raise the Bronx just now and that's what bothers us. The Bronx was an issue. The landlords who built the buildings in the Bronx are now your landlords in Miami, are the same land- lords who have invested their money after milking property in New York have come to Miami and invested their money and luckily profited in Miami. I'll give you some dates and addresses. I would say in 1974 the National Uniform Landlords Tenants Relations Act was an act that in that Commission is a Com- mission of four distinguished prestigous representatives from each state in the nation that makes up the National Commission on Uniform Law. That Com- mission itself indicated that the crisis in housing in our nation is so crit- ical that the relationship between landlord and tenant, the antagonisms are so great until they expect at any time deep crisis to break out between the two forces. Miami is no different. Miami, for example, has control in cer- tain sections. Public housing is a controlled rent in this country and if there were not controlled rents in public housing the poor would have no place to go, absolutely no place to go. You must remember the Booklyn Amend- ment was legislated some 7 years ago. The Brooklyn Amendment made it very clear that r,u tenant should pay more than 25% of their income for rent and that is high, that is high. We have a lot of senior citizens that cannot afford to pay 25% of their income for rent. And I'm not talking about a bureaucratic rent control, there can be a rent control system in -the City of Miami that could work without the mass bureaucracy. It is taking place in many cities in the country. Yes, the Rent Stabilization Act, they have con- trolled rents for some time. I think unless there is a ceiling on rents in Miami and the other 25 cities in the country it reminds me clearly, and I'd t,-, raise this, it reminds me of the distinguished junior senator, United States Senator from California, the argument of what is over, how the nation she>ald :•onserve energy. The argument was the nation should up the price of gas to $2.00 and the junior United States Senator from California raised an argument that if you are to increase gas to $2.00 per gallon you will have priced the poor off the road. Well, that junior senator said if they can't .,ffulo it they ought to be off the road. Let me tell you the same attitude is tak.inq place in the housing market, that if the poor can't afford it they L)ught to be put out and I think that is the bottom line and I think that is what we are concerned with. I am concerned that the poor cannot afford it. 11up i:uur haven't kept pace with cost, tell me where the poor have kept pace with wages as rapidly as inflation has accelerated in our country, I think the major question, and we ought to address ourselves to that and then I'll 96 MAY 1 51gg1 M 4 . it 11..., .141" ; ,N yO Vz,y ..,dL 1'111 S All right, Son T' e basic que:.tion is landlords should settle for a marginal any nct. s super profit and if they were to do that we could all operate rrop>erties ,and we could live in a harmonious nation that says every clt,.en should have a home and a decent place to live. Thank you, and I appreciate having the opportunity to come before you. Mayor Ferre: Now, ladies and gentlemen, I would hopd that we'll be al-i, to get the expressions by members of the Commission in a moment but Mr. Thomas, I would balance this, I would like to give you the same seven minutes that lie took and I would like for you to include Shep Davis in your seven minutes. 11 Phillip Thomas: Mr. Mayor and members of the Commission, my name is Phillip Thomas, 7208 N.W. 72 Avenue, Miami. I want to say this, I appre,iate, Mr. Mayor, your allowing me to speak, this gentleman doesn't even live it-, our County, you know. I'm going to ask Sonny Wright, if he is still caught in the morass back there to come forward and speak but while lie is speaking; I would like to recognize Mr. Shep Davis. I promised Mr. Wright the oppor- tunity to speak and I'm not sure if he still out there but I would like to recognize Mr. Shep Davis. Mayor Fe_ -re: All right, Mr. Davis, if you would make your statement very hrief, sir. Mr. i;,vis: Well, 3 minutes? Maycir Ferre: Yes, 3 mi,iutes would be fine. `d, .: - s: Mr. Mayor and Commissioners, my name is Shehpar.'.:% s and I feel that I am very qualified to come before you to make the statement. I'm a founder of the Tenants' Association of Florida, I an a mem- ber uL tiie Housing Commission of Miami Beach, I serve on the Governor's Coun- cil of Housing Goals and none of these are paying any salary. Commissioners, I think what is being perpetrated here in this ordinance is a fraud and I think whoever drew this up should have known that we have gone through seven years, practically seven years of a rent control battle which is still not completed yet although we have,had for two and a half years two years of rent control and about five months of a sort of a moratorium. I have read some- thing here, I've had a prepared statement to make, Mr. Lincoln asked me to come here but after I realized what was here, or what I was going to say doesn't mean a thing. (1) On that 10% increase, that immediately was thrown out i.), _i;c Supreme Court on previous ordinances, how they can put in a set sum, a set amount is beyond me. Secondly, here on Section 6 it says that a tenant who has been over charged - not I'm not against anything that is going to control rents because we have a terrible amount of gougers that will take your last penny and I work for the tenants but here they're telling you if you've been over charged you have to go to court and the next thing you know you'll be thrown out of your apartment. Now, if the City is going to defend the ordinance or help you well that's fine. This is absolutely not in your favor and it is not going to help you. If there was a board, Mr. Mayor and Commissioners, that was set up to police this gouging then you can go to this board and present your complaint to a board that has absolute power to be able tc satisfy these complaints, then I think we have something. Mr. Mayor, I came here to speak in favor of this ordinance and Lincoln will tell you, but I can't in good conscience tell you that this ordinance is fair to these people. They are going to be hassled, their rent is going to be increased upon the threat of this, secondly, of course, if there is housing that is going to be subsidized by the taxes or variances where the land lord can have a decent return for his investment that is fine but I can't really see that this is going to benefit especially since Lincoln said the rents were $250 and more back in 1977. Where are we going to get the records of those that were under $250 going back 4 years? Thank you. ,. ,. ",-nk you very much, Mr. Davis. Let him make a three minute statement and then I'll give you the opportunity. No, I'm running this meet- liay to make the decision. I'm going to extend to him the court- ure you would want extended to you if you were in his place. ny, you've got three minutes. Mr. Sonny Wright. Thank you, Mr. Mayor and members of the Commission. I !".-it what I'm going to say is not going to take three minutes. I c;,n aritor fate the fact that this has been very tiresome and I understand ►'-t- •'­. i� -in issue which we have a lot of concern with here in the City 01 Mi.,,m. Maybe I should introduce myself. My name is Sonny Wright and I live at 469 N.W. 69th Street which is in the City of Miami. I am a vice- chairman for the Florida State Board of Real estate. I am also a member of 97 'Mr' Y 1. 5 1'181 7A the Miami Board of Realtors and I'm also a member of the Miami Board of Realatists and I'm also a property owner. And I'd also like to say to you all here today.... Mayor Ferre: And a member of the Sports Authority, don't forget that. Mr. Wright: Well, we're not talking about sports now though. I'd like to say to you that I'm not speaking in any one of those capacities. I would like to try to convey to you in a very brief way the way that I really feel about this, a sincere statement if I can make it. And that is that I can appreciate the problem that we're all having now, with inflation being what it is. But I would say to you that I don't really in my heart believe that this is a real answer to the problem. I don't want to take too much time, I'm not too sure that I could give the answer if I took the time but obviously we have to do something about building more housing that people can afford in this community, that is what we're going to have to do. But until we can get to that point, let me just suggest to you that we passed this ordinance and we had rent control, what we're going to do is we're going to stop among other things people from wanting to invest in this community, we're going to stop people from wanting to build in this community, we're going to eliminate opportunities for people to have jobs and people who presently own properties will probably find ways of which to dispose of them, to just convert them into condos and this is certainly going to decrease the supply of housing. In the interest of everyone else here, I would respectfully suggest to the Con,m,ission that we, the City of Miami, do not at this time need a rent con- trol ordinance. Mr. Mayor, members of the Commission, I would like to thank you for the opportunity you have c;ven me to express myself. Ferre: Very briefly. Mr. Diaz-Balart: Very briefly, Mr. Mayor, and thank you. I just think it is a shame that t:r. Sheppard, and I know that he is as honest a man as they come and i'rr, sorry that he wasn't able to support this. Two points, (1) concerning the legality of the ordinance, it has been approved by the City Attorney's Office to the best extent that any attorney can determine, it is legal and con- stitutional, it has been approved by the City Attorney's Office and I and other colleagues believe that it is legal and constitutional. Concerning Sec- tion; 6, Civil Remedies which Mr. Sheppard made reference to, I thought it had been understood by the City Attorney's Office that it wouldn't be as it reads in the actual final draft so I think there may be a mistake there. The language was different, it did not require willful and intentional, proof of willful and intcr.`icnal behavior on the part of landlords and so I think there has been some sort of confusion there. But, you know, I'm sorry that Mr. Sheppard wasn't able to a.ree with this but the ordinance as well as can be determined by any attor- neys is legal and constitutional. Thank you, Mr. Mayor for the opportunity. Mayor Ferre: Dr. Regalado and then Mr. Ernie Fannatto and that's going to be it for now. Dr. justo Regalado: I would like to speak the English language..... but I dc)n't speak only broken English. Mr. Diaz-Balart is going to translate my words. Excuse me if I speak in Spanish. (As translated by Mr. Diaz-Balart) In this troubled in world in which we live in which even a man of good, a leader of world community has been struck with bullets as we have recently seen, in this world where it seems that hatred is overcoming over love I have a question to make to you. This is my question: The same question that made the Pope when he was conducted to the hospital. As the Pope said when he was being conducted to the hospital, Why have you done this to me, Dr. Regalado asks, Why do you hate us? Dr. Regalado says we do not hate anybody, we are the elderly and the sick, we who are dying of sadness in a world that does not understand us, in answer to your question that is they are. Dr. Regalado states brothers and sisters, despite the fact that you hate us, he state, we are brothers. The Bible makes it clear that you cannot serve 1.. and m„ney. Dr. Regalado states he is not against free enterprise, hi- o-;imply wants the opportunity for the people to express their will on this ir: a referendum. (Dr. Regalado) I am a citizen as you, we are taxpayers we have needs as you have, then it is necessary to remember that this is an emergency situation. Commissioner Lacasa knows his community, he knows thr,t this is This is a community (Translated by Mr. biaz-Balart) Briefly, Dr. Regalado stated that the elderly are also _it,tr;r,s, that he is as citizen as any of us, any of you remember, remember those who came from Mariel that had to sleep in tents, if something is not dune the elderly in this community are going to have to sleep in tents. Mr. Yrw e Fannatto: Honorable Mayor and members of the Commission, Ernie Fanratto is my name and I'm President of the Taxpayers' League of Miami and 98 MAY 1 51981 lax Exe^ a, inE'i1 :er. e:,1h _.. K:,:,w that I'c. .i_. z,i t:. try t '`ile nt o: utiler apart ._:rSt5 C;i d1S' �_ 7 i.. _:i_�'re C_ _.I�•: _ }' bite t,i}:eS aril it is gol li•: to Come (J:. `. iX:).i r_ : S - Bllt I ais,, want everybody to know that everybody pays taxes in this C:iunty whether you're young, whether you're old, whether you're moor, whether you're needy or whichever you are and I am going to recorrimend ttia'_ they be left alone but the City of Miami should contract and allow the first developer on a competitive basis to build 1,000 low cost dousing prol-ects and allow them to c;et 100% free taxes. And if you don't they're not going to be able to build with the high prime rate. Now, if you do that you can start with a thousand, if it works good you can go up 2,000 but do something for the needy and the poor. Now here is your chance, you can re-enact, you can change the ordinance in a manner where they'll be allowed to vote something for the needy and the poor because they pay taxes too. Mayor Ferre: All right, thank you very much. Now, ladies and gentlemen, I ho;L)e that now that we've spent almost an hour and a half, two hours on this, I would like to get expressions from members of the Com-nissi:-n and then we'll see what the consensus is and we'll rnove along. All right, "r. Lacasa is re.•c(:,nized. r. Lacusa: lit . :.ayor, the way 1 sum 15 situati: n is 1.. t- 110Pinc way: I'irst of all, t::ere is no UestlJn that we have a crisis of ..:' 5;;: la the (:it .:f Miami. 1 cannut t:il:it: of a:,; ima;or human need -nan a.:eq:ate shhelter. 1 al,:lut tlllrlk of any ma4Ur human need char. zaegaate shelter for people regar•d- icss of their economic status. The State Legislature provides for a mechanism w-ert2l:y any municil•allty i., the .Mate of IF! riva c0'11:. st'..^.�-1 t0 t :iE' vOI ro Of as to whether or riot first an emergency housing situation would be declared in said municipality and secondly to establish price control on the rent with certain degree of flexibility for a period of just one year. This is not a permanent situation, it is an emergency situa- tion for a period of just one year. Last year this question was discussed, the Board of Realtors was present, a committee was established and solutions were supposed to be presented. Nothing has happened so far, the crisis is more acute now than it was one year ago and we are about 6 months from Novem- ber at which time this question if placed on to ballot would be determined and those 6 months could give ample opportunity to the members of said com- mittee, the Board of Realtors and other agencies and even governmental bodies to try to come out with solutions what in my mind presents one of the biggest problems that any municipality and the City of Miami itself could have. There- fore, what I am proposing is that we set in March the mechanism that we are being provided for by the State Legislature, no more, no less and let the people of the City of Miami decide what they want in the democratic process that is a referendum, so I move. Mayor Ferre: Now, that was in the form of a motion but I will keep it pend- ing until every member of the Commission can make his statement and then I'll take it up in a motion. we'll do it by seniority on the Commission, J. L., or I really don't care who does it first, Father or Joe, if you want to speak. Go ahead. Mr. Plummer: Mr. Mayor, my statements are no different than they were approx- imately a year ago. I am very much in favor of the American way of free enterprise. I don't feel that government should step in and regulate unless government is ready to put up its bucks. we should not tell the private sec- tor who go out and earn their money and pay their price how they shall regu- late themselves. Competition is one of the best factors in the United States, it is the American way. I am opposed to rent control perse. (APPLAUSE) Mayor Ferre: I know that emotions are deep, they're deep on both sides but .,,,lly help solve the problem. And I would like to ask for you to keep constraint if you can. See, then you get into an emotional battle as to wrio is going to clap loudest and who is going to make the most noise and whoever loses is going to be very offended by it all so try to keep your emotions down. Father Gibson is next. Rev. Gibson: Mr. Mayor and members of the Commission, some months ago I thought we had arrived at a compromise which was reasonable and really gave us All an opportunity to show where we were or where we are and what we w,•t t-• do. The Board of Realtors came in and made a proposition. We a(lree,i to the proposition. We said all right, we give you a chance to put your ideas into motion and within a reasonable length of time if it doesn't work you come back and we will then take the necessary step. I presume I 99 , 5 Q8t ��.ri I �J I., ought to always be on the side of the down -trodden and those who do not have. But I also know that there is such a thing as fair play and keeping your word and promise. I would rather deal with a man who doesn't demand of me a contract than to deal with a man who writes the contract and signs it, and for you who don't know what I mean you ask most people who deal with contracts. The same way they write it they could un-write it if you know what I mean. A man's word is far better than any written document because even when you write it you may leave out some words that are necessary. I would have to know and see that the realtors who came here and spoke to us convincingly are not able or prepared to carry out the promises they made. They asked us to do some things, I wonder if we did that. They explained that there were some land around belonging to the City -nd others that needed a peculiar kind of a zoning change. I would hope that we would give them an opportunity to carry out their commitment to us. I was thoroughly convinced when they spoke. And let me tell you this, my bretheren,I hope I could sell you on the position that we're going to have to trust each other. we're going to have to live a life of trust and you say to me, Gibson, that is old fashioned. I'll tell you this, a lot of things you thought were old fashioned we'd better get back to. Trust and confidence are two things, trust and confidence, those two things yet have a part to play in the American way of life and its society. Now, I want to say to everybody so nobody would he under any misapprehension, I refuse to vote for price for rent control intil such time as the realtors who voluntarily came here and made promises an,i commitments to us prove to us that they're not going to carry out their promises and commitment. And while I'm on it, Mr. Mayor, and this is to the staff - we are within a few minutes going to be confronted with some people who don't want housing in a certain area. I just hope that this Commission will have enough sense and stamina and backbone to say, Hey, you don't want it 2vor there and the people over here are saying they want it, we the City quid do our little bit, let's go over there and put it over there and then that would lessen this turmoil that we have. But I find it hard to vote "or rent control until I have given the realtors a reasonable amount of time to do what they promised us they will do. So that is where I asn, Mr. Mayor. `Mayor Ferre: All right, Commissioner Carollo Nr. Carollo: Thank you, Mr. Mayor. As the youngest and poorest also, member of. this Cor-umission..... Rev. Gibson: Come on, man, not the poorest. t;r. Carollo: Well, I don't know about that, Father, I'm still saying poorest, as the youngest and poorest member of this Commission I find it quite interesting that you could get a view of the needs of the citizens of Miami from the towers that grow out. You see, I live with the people in a very humble neighborhood, everything that I have no one has given to me, not government, it has been out of the sweat of my back and my family's back. Government has responsibilities to our people, yes, but the people also have responsibilities to government. When I came to this country, and my parents sent me at a very young age, they sent me and I came because I didn't want to live under a Godless Communism. i didn't believe like some people that now claim they believe different believed then, the way of government to act was for government to go and confiscate properties from those that had it so they could give it to maybe some that didn't have it or some that had it already and wanted more. I believe that the majority of the people that are here that are in favor of rent control are sincere in their beliefs but I also firmly believe there are a few indi- viduals here that know better than that. They know that rent control is not the answer and they're playing cheap, very cheap politics, the kind of poli- tics that are going to end up hurting the people that least can afford to be },urt. Those are the poor of our community. Many months ago a gentleman who was just }sere today by the name of Mr. Ed London came before this Commission. He had a wonderful plan, a plan that I think is a solution for this community. 100 MAY 1 519 81 I& Ir Mr. Cdr,)11(,:. .. . .. ..... ..... ............ .... . He had a i ian. A plan that I think is the solution for this community. Tht, soiutiori is not rent control Ladies and Gentlemen. The solution is ad.3iticnal mousing. This administration through Mr. London's plan is direct. They saic? they'd get to, they'd get to it. Nothing been heard again from tut aClmiinistration. What rent control is going to do to this community, it 1E; not g(,ing to solve anybody's problems but it is going to create it Lig^,er ar-;d kigg:r. Rf,nt con- trol is going to assure it, it is going to assure that many of Che monies that different people might be planning and usin,a to t,uildiny soma additional housing is going to go somewhere else. It is going to assure that many pro - pert, owners that are responsible are going to become irresponsible. It is going tc, assi..re that we have another layer of bureaucracy in our government that is joing to be impossible to go out and control rent. Tien what you are going to have is additional money, taxpayer's money beinc; spent in some per- cent controllable and you're still are going to have people paying higher rents because they're going to have to pay it under the c_a;)les. It has, been rnany times in the past months that I've been to apartments that arc being rented where people were complaining to me about the poor standards that they had. These landlords in this case were not being 'It:ey were not takJln , care of their property. I told them that I was c;c:r.c; tc call cur coning ul'j:..7rt_l _'i t and get them there right away. Do vo ] k: G'� �+':.3'._ toid mo? POn't d0 t�r?t . We don't Want J'Ol2 tO d0 that, please. iSECauS�' If you do, :,eye it just t;:row us out and get new people here. Well, I look at runt control in the same wav as something that is not going to be able to be controli�..i : y cur City, �cr,ethir,g that is going to be harmful to our City. What we nc(2d t.o do is pick a plan like Mr.London's maybe some other plans that coula be preLented and have private enterprise which is what this Country was founded oi„ come in and join, hands with government and start building additional homelD. If we had a surplus of rental units in this City, the rents would automatically go down automatically. You're definitely not going to get a surplus of rental units with rent control. On the contrary, it's going decrease, decrease and de- crease. I know there are some people that do not understand and probably will not understand for quite some time what I am talking about. See, I ran to truly to do a service to this community to the best of my ability and if I have to go that low for the sake of being a City Commissioner, I have to lie and be cheap and deceive this community so that I can be re-elected again, it's not worth it Ladies and Gentlemen. And anybody that wants to can have my seat, because I am not going to go that low to do something that is aginst my principles and my beliefs and that I am convinced will harm this community. Mayor Ferre: Ladies and Gentlemen, as Mayor, I will not do what the perrogatives of a chair would allow me to do at this point, which is duck the issue because obviously, you have three votes that are opposed to rent control that have been expressed and so I could very simply say that the majority has al- ready ruled. I'm not going to do that. I'm going to share with you my opinion. I think that there is living proof in this commission that the demo- cratic system really works. We have all kinds of different opinions in this commission and we come from different backgrounds, we come from different approaches and different attitudes. Let me share with you a thought that deals indirectly with this. There are many people who are against gun control. I'm no,- one of those. I am for gun control, Total gun control. I am one of those people and I know it's not a popular thing. And I would take away every gun that I could from every citizen that I could find with a gun. However, it is not the law of the land. It is not the con- stitution of the United States. It is not a federal law. It is not a state law and it would be a traversity to try to implement it on a local basis be- cause it wouldn't mean anything. And therefore, when these matters come up to deal with guns, even though I am for gun control, I have no problems for vx.rmt,ir in selling the confiscated guns of the City of Miami out of the state because there are five or six million guns sold every year in America and 317 vi-ro caur:s in North Florida don't make that much of a difference. Now, that my personal opinion. There are others who felt differently for different reasons. I am for philosophically rent control if rent control were a national law, properly executed that would make some sense. We have a state law that deals with rent control. I'm sorry for those who wrote it. It is an asinine law. It doesn't mean anything. It is a travesty, it is not something that will function because I think N. R. Green in all his age and wisdom really put it properly. "You can't control one thing unless you con- 101 MAY 1 51981 W trol one thing unless you control something else". You just can't go in for rent control as such. I am for rent control if I had the assurance that every- thing that goes with rent control could also be done. Now let me tell you why I'm for rent control. Because we in America have something that we've got to answer to the world and to history for it and that is that 20% of the population of this Country lives in poverty. Actually, it's 24%. If it weren't government subsidies we'd have 2--in actuality, with government subsidies, 12% of America lives in poverty. That's unbelievable that we, the richest Country in the world have people who do not have decent housing, to do not have decent food, do not have the ability to live decently. There's something wrong and I am a capita- list. I don't mind saying the word. I believe in the free enterprise system, but something is not functioning when we have people living in the situation and conditions that live in this Country and that's unfair and so therefore, philosophically, I am for rent control. But the rent control that would be adopted here, let me explain to you because I think people do not understand what this mean. In the first place, even if it were voted for in November, it would only be applicable for one year. In the second place, if it were passed and adopted in November, it would take two months to staff, according to the memorandum received on rent control signed by the administration. By the time we got to staff this thing, how could we --can you imagine the beaura- cratic morass that would take place to try to determine who in 1977 was charging $250? The legal --we would have to have ten lawyers doing nothing but fighting this legally because it would be challenged in every single term, we'd have to prove that that person was charging that price. It's just --there would be no end to the legal lawsuits and the injunctions and problems that we would have. In addition to that, as I understand the law, there is no prohibition between now aiia :iuv�taber as to what a property owner could do with that property. Now, if the law says there's a prohibition, I guarantee you that that would be challenged and we --by the time that we got through with the challenges that would go to the Supreme Court of the State of Florida, November would be upon us. And by that time, I guarantee you that what would happen is that people would be evicted. People who are now paying $300 or $400 who there's no question are being gauged. I am not one of those who say indifferently, I understand that there are people here who are paying $100 or $150 that are now paying $300 or $400 and that's unfair and I agree with that and I subscribe to the unfairness of it. But what would happen? I have no doubts about this, is that people would be evicted and there would be people that would brought into those apartments who would pay the $400 or. $500 and that those who are not evicted, you would have doubling of rents between now and November. In addition to which there is no law in this United States of America that could prevent me as a property owner from doing what I want with my property in re - regards to whether I make a condominium out of it or not. And I think if this thing were to be put on the ballot, you would have a mass run in the next month of property owners to form condominiums and find legal escape to --to and it would be a perpetration. It would be in my opinion a very very cruel host. Now, you say why don't --this is a democracy, why don't we let the people decide that in November? Well let me explain that. If what we were letting the people decide was really honest to goodness rent control, and I'm sorry to say this, to the realators, rose to you, I would leading the fight for rent control if I thought rent control could really be effectively implemented for people that are poor, talking about those who pay $250 or less. But I know that what we would be doing is perpetrating a host and I just in all good conscience could not do this and therefore, Ladies and Gentlemen, let me express my opinion that I could not vote for this as it is presented. Now that makes four and I don't think that there is anything else that needs to be said at this public hearing. You want to make your motion formally? Mr. Lacasa: Still I'd like to make the motion Mr. Mayor based on the following facts. I do believe that there is a housing crisis in the City of Miami. I do believe that the state legislature in its wisdom back in 1977 without being law ;li-t thinking in the good of the state provide every municipality with the signa- ,„-. w4.!l L1,� then Governor Reuben Askew of the State of Florida, with the mochanism, that is the only mechanism that we at the level municipality have to try to the best of our ability to cope with this problem. Therefore, I move that we allow the people of the City of Miami to determine whether or not they want to implement the mechanism established by the Florida State Legislature and esta- l)lish declaring on emergency housing crisis in the City of Miami and estab- lishing a one year control on the rent of those rental units. Mayor Ferre: Alright there is a motion on the floor which I wil-1 accept at this +Tthere a second to that motion? Is there a second to the motion? Hearings none the motion dies for lack of a second and that closes the issue. 102 4 Ic ;_)w before we break up Mr. Diaz Balant I want to personally thank you and c>n meraci you for your efforts. I'm sure you're dissapointed. I --I admire your idealism. I admire the amount of effort and work that you put into this. I am sorry that you were not able to get your way, but never. -the -less, I warlt to thank you personally for the sincere efforts that you have put. Phyllis Miller is a distinguished member of this community and served with great distinction and I would be very happy to recognize her. Hs. Miller: Thank you Mr. Mayor. I'm present at this hearing today because alt;;ough I'm no longer in public office, I'm still very deeply concerned about the future of my community. In addition, I'm a new realtor, Mr. London and I'm becoming more and more acutely aware both in that capacity and as a person in- volved in the Savings and Loan Association which provides the funds for housing of the various elements that are combining to make housing unavailable for the working class person. I am talking about the middle income person who is caught in the crunch They don't qualify for low income, whatever is available, and they cannot afford to pay the escalating cost. This is exaggerated, we ail know by additional cost of living ... Mayor Ferre: ... Excuse me Phyllis, I see --Ladies, you can come around this way to the front. It's alright. Ms. .Miller: I would like to volunteer as a member of the community, since 1 understand that the realators are working on hopefully some innovative soiution:= that would set a pattern for the rest of the Country that what needs to be re- quired if it's changes in density, changes in zoning, tax increments, tax freezo zones, free- zones that the City Commission recognize the fact that its a factor that is contributing to the bad image of this Community, that it contributes to the crime that we, as citizens and people who live and care about Dade County will work with the realtors and a blue ribbon committee, I would hope that you would include some bankers, some government officials, people perhaps with knowledge other than in the fiscal, investment people, that working together, we can stimulate the construction of some middle income properties. I was shocked to hear yesterday that in Dade County today we need 9,000 new rental units to provide for the need of these people„ of the people in this community. So, if the rental ordinance is not the route to go, then I would hope that you would say that this is a priority issue and impacts the that we all concerned about and we will do whatever is necessary and as a private citizen I think that we can galvanize people in the community to work with the realtors association and come up with some answers quickly. Mayor Ferre: Alright, thank you very much Mrs. Miller. Mrs. Gordon ... Mrs. Gordon: Mr. Mayor, I simply want to take the opportunity on behalf of all the people who have taken a half of their time from their offices today -- a half a day to come here and thank you and the commissioners for your action here and your non -action actually, and to ask you if you would take whatever action is need to implement the Abe London Plan, which is a Pilot Project, which is a good project and I don't know just what the status is of it but I would ask you if you could take some kind of an action and Phyllis Miller, wherever you are, I want to see. Thank you, thank you, Mayor Ferre: Mrs. Gordon, two things ... Mrs. Gordon: Yes? Mayor Ferre: First of all I would appreciate if you would Mrs. Miller to your committee. She's a realtor now ... Mrs:. Gordon: That's --that's what I wanted to tell her ... Mayor Terre: She can.... Mrs. Gordon: And thank her too. Mayor Ferre: Secondly, Mr. City Manager, I would like for you to answer to this commission on the 28th of May, which is our next meeting exactly where the administration stands on the year of the discussion that's going on on the first of all, on the Ed London Plan and then we had the one -- Gold, not Gold Fingor, what's the name of Steve Parks' Assistant, Rangold, we --we had several 103 MAY 1 514P1 other plans that have bt_,i proposed. Dena Spillman anu several others in the staff have been working on these things. We need to be braught up-to-date and then after that, Mr. Manager, I want you either at the first meeting of June or whenever the administration is ready, but very soon thereafter, to bring it. If we need a special commission meeting to discuss it, then let me and I will call a special commission. We'll see you again Mrs. Gordon. — Mrs. Gordon: Ok, I just want to tell you that Mr. Phil Thomas is the Chairman of the Affordable Housing Sub -Committee and I would like him to be recognized in that capacity. I served only as Vice -Chairman there. Mayor Ferre: Alright, Mrs. Gordon and Mr. Thomas, we will be in touch with you and we will discuss this further again. Thank you very much. Mrs. Gordon: Thank you very much. Mr. Carollo: Mr. Mayor, may --may I request from the City Manager that Mr. London's plan be the first one that will be brought to this commission at the next since it's been at least seven months since he was originally per- cented to the commission and to the administration? Mayor Ferre: Alright. Thank you. Mr. Carollo: Thank you. Mayor Ferre: Alright, further discussion on this? Alright, thank you very much Ladies and Gentlemen. Mrs. Frazier? Mrs. Frazier; Mr. Commissioner, I just want to say that I want to think the tenants for the City of Miami and the tenants all across the County that came al �t the tenants of Miami. I passed a news article around there to you, it was late, but I want you to consider that that there is severe stress in this community, severe stress. We have families right now living in cars and trucks and we have families that are storing their furniture in trailers and they are being evicted and their furniture are being pulled in the realtor company and I want the City of Miami to do something about the housing situation here. It's very dangerous out there. Mayor Ferre: Alright, thank you Mrs. Frazier for your continued interest. - Mr. Dalant: Mr. Mayor, I want to thank you for your kind words you had for me. You said I am an idealist and you admire that. I hope that I will continue to be one and I think we saw the way the system works here. We know how you feel i,ow and 1 think that's part of democracy. I really do. In a way, there's a little plebicite I here today in the sense that we've really called you on record, so thank you very much for your attention and thank you all for listening us and •I agree that many things have to be done on the issue. I disagree with the result today, but as I say, it's better at least to find out how our leaders feel in public than when they're not on the record. Thank you all very much. Mayor Ferre: Alright. •I'd like to submit for the record a letter which I'm sorry I forgot to do before from the New World Center which is the --The Greater --I'm sorry, from the Greater Miami Chamber of Commerce, signed by its Frut,ident, Mr. H. V. Green and the su►-sidy--the essence of it is that the Cham- ber of Commerce of Miami, Greater Miami opposes any measure of rent control in City of Miami and I'll submit this for the record. 56. PROPOSED LOW INCOME HOUSING IN FLAGAMT AND SHENNANDOAH PARK AREAS. DIRECT ADMINISTRATION NOT TO PURSUE SUCH DEVELOPMENTS Now, Ladies and Gentlemen, ' •z:,a tneLe is a very iarye crowa of people that are here on the issue uL•alii,y with the proposed hbusing in the Flagami and the Shenandoah Park area. ra- w, it ;s my feeling as I've heard people, I've heard Father Gibson, who as knew is ill and may have leave and maybe has left express his opinion and I of course am aware of Amando Lacasa's position which I am going to ask him to reiterate on record. I concur with both Father Gibson and Lacasa. That ::,..1..._ _:t least three of us. I have a feeling that both Plummer and Joe Carollo fool thv same way on this so on the interest of avoiding maybe another two or tiu,,,• hours of public hearings, I would like to recognize Commissioner Lacasa t-i ;uiposes of making his statement, hopefully for making a motion with a if we get a second, I'd like to put it to a vote and get on with the other issues. Mr. Lacasa. Mr. Lacasa: Mr. Mayor, even though what you say seems to hold, I would like r� 104 �. 5':'S1 , for the people that have taken their time to come here and be heard. This, Mr. Mayor is a very important issue. It's a very important issue because it touches on several fundamental elements of City government. There are plenty of people out there. I think they should be asked to come into City Hall, as many as they can and listen to this discussion. And, I think that for devote these people, that for so many days have been working for committees, their time, they have the right to be heard by this City commission whom they elected. Mayor Ferre: Mr. Lacasa, unfortunately, the chair is not going to rule in your favor and I will ... Mr. Lacasa: If the chair doesn't rule, it's Y (PEST OF STATEtiT INAUDIBLE ilege and I shall leave right now, because I feel that anyone can see PLACED OUTSIDE OF THE PUBLIC RECORD). Mayor Ferre: Alright, now! Now! Ladies and Gentlemen I want to for the record explain to you that it is very clear that there are three people on this commission that have expressed themselves so far that are against putting and forcing the how many? 24 units--31 units of housing in Shenen- doah and in the --and the Flagami area if it is against the will of the vast majority of those people. Now there are areas in this town, in Little Havana, in Allapattah and in k'ynwood that desperately want those houses and if you don't want them, then I'm gonna make sure that they get them. ":ow, wait a moment. Alright. Since that is obviously the position of the majority of this commission, why should we now take three or four hours of screaming when everybody is in agreement? I mean for what purpose are we going to get up here and exasperate a situation wnicn doesn't need exasperation? Don't you think we have enough problems in this town without creating additional problems? Alright now, Mr. Plummer. Mr. Plummer, Mr. Plummer, if you would, I would like to pass the gavel to you and for purposes of clarifying this issue very quickly, I gave this opportunity to Mr. Lacasa fbr whatever reason he had, he refused to take it. I would like to make the following motion. I move you serve that the admini- stration of the City of Miami be instructed not to pursue the construction of any more housing units in area that neighbored overwhelmingly opposed and concentrate in those areas where there is a strong feeling for housing. Now, I make this in the form of a motion it explicitidly and may I be explicit so that there is no confession that you immediately drop and desist from contin- uing to discuss any further the housing request, to put housing in the Flagami and the Shenandoah area. No public housing there. Those neighbor do not want it. Only in the areas that are requested. Now, I so move (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD). Mr. Carollo: I second the motion Mr. Mayor. Mr. City Clerk can we have a vote on it please? Mayor Ferre: Alright, there's a motion and a second and I call to question Mr. Chairman. Mrs. Hirai: Roll call Mr. Plummer. Mr. Plummer: Whose running this meeting? Mayor Ferre: I --I was just making ... Mr. Plummer: Is there any discussion? No, there is a roll call discussion by commissioners. Call the roll. (CONTINUED ON NEXT PAGE) 105 MAY 1 51981 T The following motion was introduced by Mayor Ferre, who moved its adoption: MOTION NO. 81-436 A MOTION INSTRUCTING THE ADMINISTRATION NOT TO PURSUE THE CONSTRUCTION OF ANY HOUSING UNITS IN ANY AREAS WHERE NEIGHBORS VIOLENTLY OPPOSE THEM SUCH AS SHENANDOAH, SILVER BLUFF, LITTLE GEORGIA, FLAGAMI, SOUTH/N0RT11 AND WEST LITTLE HAVANA; AND FURTHER DIRECTING THE ADMINISTRATION TO CONCENTRATE THEIR EFFORTS IN THOSE AREAS WHERE THERE IS A STRONG DESIRE TO HAVE SUCH UNITS BUILT, SUCH AS WYNWOOD, ALLAPATTAH AND THE CULMER AREA Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa Mayor Maurice A. Ferre NOES: None ;ESENT: Vice -Mayor (Rev.) Theodore R. Gibson ON ROLL CALL: mr. Plummer: I'm all in favor of the motion, but at this time I vote no, I want the people to be heard in an orderly fashion. These people have spent t,r. N ayor a great deal of time to come down here and to let this commission Le heard what their thoughts are. I would hope, I would hope, MX. Mayor that in your position of strength of Mayor, we can go through an orderly process, which is humanly possible and we have done many times before, but we have got to let as Mr. Mayor you have said time and time again, if nothing more, let these people vent their emotions. They have gone to great expense, great amount of time and I think and I think it behooves this commission to give them the opportunity to speak to their elected offical. I don't want to sit here for three hours. But, if I have to, that's what I was elected for and that's it. I would suggest --I would suggest Mr. Mayor that we take a ten minute break ... Mayor Ferre: No sir, no breaks. :-Ir. Plummer: Alright sir, Mayor Ferre: No breaks! Mr. Plummer: Alright sir, what I would suggest to you sir is that you form as we have in the past that the people who wish to speak on the issue sign in with the clerk, you will call on them in an orderly fashion. You set a one hour time limit or two hours, or whatever and let's give them the opportunity. Mayor Ferre: No --no time limits at all. Let them speak. Mr. i•lummer: Fine. Mr. Mayor, may I say a word please? M,,y(•r Ferre: Yes sir. Mr. Carollo: Can you all be quiet for just a minute please? I don't think the reason the majority of you that are here is that you do not want this type of housing in your neighborhood. Now the Mayor and myself and I think there is other members of this commission that are in agreement with you. 1 03- A Oe f 1r b'.r. Plummer: I am too. Mr. Carollo: This is why you're here. To make sure that your representatives are going to be in agreement with. Now, we are. Now the one thing that I do want to express here, the only member of this commission that lives in one of these affected areas is myself and I hope that we are not going to let demagogery take over here today. You people came here because you don't want this type of housing in your neighborhoods. We are in agreement with you so please do not let demagogery be the rule today. Do not let any one member or more of this commission who does not live in these areas, that lives in a different world al- together than you people come from use demagogery to disturb and uproot these commission chambers. Now is there anyone here that wants this type of housing in either the Shenendoah or Flagami area and that lives in those areas? Any- body here that wants, in other words, is there anybody present that would like for this type of housing to go into the Shenendoah or Flagami area and that lives in those areas. Mayor Ferre: Alright let's --let me do it this way. Now, I'm gonna explain this in English and in Spanish so that people understand what's going on, ok? ... there's a microphone out there, They're listening. (: ,l'Gi. FFFRL FK61NS TO TFANSLATE). Now, I'm going to explain it in English. I think that since the majority of the people that are here are Spanish speaking, I express--I--well wait a momemt dear, ok, alright. I expressed myself in Spanish and I've ex- pressed myself in English. I will repeat what I said in English before, ok, so that no body has any confusion. Father Gibson made a very clear statement against the construction of housing in Shenendoah and in Flagami, against the will of those people who live in those neighborhoods. Commissioner Lacasa had previously expressed himself in that vein I expressed myself in that same vein That was the majority of this commission to try to avoid three hours of screaming and three hours of discussion. Since the majority expressed thelselves, I very simply gave Mr. Lacasa the opportunity to make his motion. He refused to do so without giving everybody an opportunity to speak. I understand his feelings and I respect that. I also think that Commissioner Carollo in his expression and I agree with Carollo in this case, said this is already a determined thing. He expressed his position. Why exasperate this any further? And it's done. tow, we put it to a vote. There's only three of us in the chambers and one -- a two to one vote because Commissioner wanted to give everybody the opportunity to speak. I think that that is a waste of everybody's time. I would like to recognize one person who will speak for those who oppose since this matter has already been resolved, in my opinion. And if there is somebody who wants to speak in favor of the construction of those 31 houses or units in the Shenendoah Flagami area, I will recognize you sir or whoever wishes to be the spokesman. For myself, I've already expressed my opinion, but since there is such an overwhelming feeling against this, that we should construct public housing in those neighborhoods that are anxious for public housing. God knows that we have enough. We have a representative from Wynwood who wants not 31. He wants 3,000 and a hundred built in'aynwood. And the people of Allapattah and the people of the central part of the town and the people on Little Havana who want housing, let us concentrate where the housing is wanted, and stop fighting about these neighborhood squabble where people who do not want housing. Now, for those ... IoG Mr. Plummer: Mr. Mayor? Mayor Ferre: Mr. -- Commissioner Plummer. Mr. Plummer: Since you have made remarks directed at me Mayor Ferre: Yes sir Mr. Plummer. Mr. Plummer: Let me -- so that your remarks of what I said do not stand on the record unchallenged. Let me explain to you sir, that I am totally opposed to this housing project ... Mayor Ferre: You said that. M.r. Plummer: It is not demagogery Mr. Mayor... Mayor Ferre; I didn't it was demagogery Mr. Plummer: No, so you didn't, but others have suggested. Mr. Carollo: I was the one who had used those words Mr. Plummer. Mr. PLummer: All I am ... Mr. Carollo: And with all respects sir, if the shoe fits then wear it... Mr. Plummer: I have no problem with that Mr. Carollo. I have no problem if the shoe fits of wearing it. I have been here Mr. Mayor. I spoke with you some two and a half hours ago about the situation exactly the same on rent control. The votes were not`there, but you continued to allow two and a half hours of discussion to let the people be heard. I think the same fairness should prevail here. If these people have come here and taken of their time to be heard on a given subject, I think we should give the courtesy to these people to listen. That's all I'm saying. Mayor Ferre: Ok, let's get on with the job. Go ahead. Ms. Montoto: Alright, my name is Noami Montoto and I live at 7271 S. W. 2nd Street, Miami, Florida. Honorable Mayor Ferre, Commissioners of the City of Miami, I come before you today representing many of my neighbors and friends. I think on their behalf and with their consent represented by a petition that I have been entrusted to deliver to you. I have here 4,000 signatures of the City of the Flagami area opposed to the construction of low income housing in their area, plus an unnumbered amount ... Mr. Plummer: Excuse me, there is not a quorum present in the chambers, there is not a quorum present.... Mayor Ferre: Yes there is. There is three people ... Mr. Plummer: If there is an emergency, I will --I will be glad to ... 107 MAY 1 51981 r Mayor Ferre: There's three people ... INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD. Mayor Ferre: Go right ahead please. Ms. Montoto: I would --I would just like to ask a question without reading --we went through this whole thing for over five days, making very very sure that every point that I have here would be fair, would be--well--we agreed on every- thing that we wrote here, a committee of nine people. However, I want to put this aside. I just want to ask you as a commission and as Mayor a question. We won't have this low housing income residences built in our area? Mayor Ferre: That's correct. Ms. Montoto: That's correct now, will they be built where they are needed? Mayor Ferre: Yes. Ms. Montoto: Ok, then, we don't have any problems. I would like to thank you very much for giving me the opportunity to speak and ... INAUDIBLE BACKGROUND CO!'Et1"S PLACED OUTSIDE OF THE PUBLIC RECORD. Hold it! Hold it! And I would like my petition of 4,050 signatures, plus the signatures of the people who attended the public hearing at the Fairlawn Elementary to become as Dart of the record of the City of Miami. (ALL APPLAUDE). Mayor !'erne: Alright, but, let me --let me --let me --so that we don't --because I have a note here. We are not going to build any housing in Shenendoah, Silver Fluf`; Little Georgia and the Flagami area that has previously been designated, ok:' Let us make it very clear. Now, that is the will of this commission and its majority. (ALL APPLAUDE). Now those of you who are in disagreement with that, I will give you the opportunity to express yourself, so you go right ahead sir. Let --Let him ... Mayor Ferre: In is also includes South Little Havanah, North Little Havanah, West Little Havanah, Flagami and Shenendoah. Ok. . Unidentified speaker speaking in Spanish. Mayor Ferre: Ok. x;r. . I- l l iott : Excuse me, Mayor Ferre: We have to give him the right to speak. Mr. Elliott: My name is John Elliott. I live in the Silver Bluff area at 2B55 S. W. 34th Avenue. A SPANISH TRANSLATION IS NOW TAKING PLACE. I am very much in agreement with him, but ... Mayor Ferre: Alright Mr. Elloitt. Mr. Elliott-: I also maintain that it is the responsibility of every citizen in every area of this county, and especially of the City to do their utmost in Irving to alleviate what I consider to be a pressure cooker situation in high density areas such as Culmer, part of the Grove, Overtown, you know the a rear. Now, we're at the first anniversary of a very bad situation in Miami : :t is an appropriate moment to reconsider what occurred last year. i�t:..u,a11y speaking, living in this area of Silver Bluff, I am not against i, i few numbers of these under priviledged people, poor people, III i,n­r, t v i,e(,;,le. I am not against that. And, apparently, I am one of the fewer volCtl:i w!,u feels this way. But I am not the only voice Mr. Mayor. I do not agree witi, what you are saying and I question first of all, where you arrive to this .Zionq the commissioners? I,-) it,: Plummer, Plummer has expressed it here. Carollo has expressed it. expressed it and I expressed .. . 108 �. 4 f ''.r. Eli ivtt= �sased upon a very irr,F rc-ri to a:.:i vim~, � x _. _ , <rJus consensus_ I nc t t)eli,-ve that the other side, namely, t_h side of t;,e un(ierhrivileged people who desire to relocate and to get out of the pressure cooker situation was fairly represented and the main reason for that ... Mr. Pluruner: Sir, sir, excuse me. I can't let you make statements like that without correcting and letting you know the truth because half knowledge is a dangerous thing. Sir, I would suggest that if you had been my office for the last ten days to look at literally thousands of lctt.ers and hundreds of phone calls that have come into these offices. So don't say Sir, that this was a prompt decision. This is something that each and every one of us have been plagued with for seven to ten days, not just over night. I want you to understand that. Mr. Elliott: Alright, I think the sum -nary of that decision was based upon many people coming to you who I feel could be classified as "Alarmist". INAUDIBLE. BACKGROUND COMI'N:NT PLACED OUTSIDE OF THE PUBLIC RECORD. First of all I think ... Mayor Terre: Let--let--let him ... He has a right to express his opinion. E.11oitt: Look, I'm the only one who 1F, M)]?iU to %'r_oict his opinion so just bear with me please. I feel that in all fairness I do agree with what you're saying and I attended the meeting and some of you saw me there a few days ago at Shenandoah Junior High School. I do agree with clot of what you're saying, but I feel that we are shunning aside our responsibility and saying that --it's a weak excuse to say that although Wynwood wants these people, why don't we let them have it. I think that this responsibility must be shared by all communities and I think that these people have been maligned and misconstrued and I think that among you there are many who could be classified as "Alarmist". Mayor Ferre: Ok, thank you very much Mr. Elliott, and Ladies and Gentlemen, I want to commend Mr. Elliott for having the courage to stand up amongst a lot of angry people and express his opinion. And you may not agree with it,, but I want you to share with,me in congratulating this young man in the American way for coming here and expressing himself without fear. you Mr. Elliott. Mr. Elliott: Mr. Mayor, if I could summarize quickly what I said. In summary, I can briefly state, please allow your minds to become less subjective in a situation. You must consider the other side. We have many underprivileged people and you, who reside in these areas, are obviously hard-working, deserving people, you deserve these areas, hou've work well, you maintain them well, and you have the right to fear any invasion, but all I'm saying is that the small number of people involved in this Wynwood plan, does not warrant any such fear. There is no invasion and these people are not aliens. This people are as we and you once were, they are the underprivileged and they desire to do just as you have done, they desire to uplift themselves. Mayor Ferre: Alright Mr. Elliott, let me just say one thing to you and I'm going to recognize somebody who is going to express it better than I can in a moment. We are not going to not build those 31 units. The question before us is noZ whether or not we're going to build 31 units. The question before us is where? And if there are neighborhoods here that are target areas, like Wynwood and you're going to hear the voice of somebody who represents under- privileged people in a target area, namely, Wynwood, who wants the housing there. Now, we really have need to build 31,000 units, not 3,100--not 310 or 31. And the fact is that we don't have that kind of money, so believe me those units will be built where they are wanted. Now, its not a question as where they are needed, it's where they are wanted. So, let's move. Now, Mr. Mendez, I am going to recognize you to make a statement for the Wynnwood Community and then for those who are outside. I don't want to deprive, I don't want to be accused of depriving anybody the right to speak. So, if anybody feels that it hasn't been said, but if somebody feels that it hasn't been said, then please come in and I'll recognize you to say something, ok? (MAYOR FERRE STARTS TO TRANSLATE IN SPANISH). Mr. Cazollo: (STARTS TO SPEAK IN SPANISH) ... If we may limit the people that could speak of this and the people that do live in these neighborhoods, not the people that live somewhere else, they could have their turn at another time. Mayor Ferre: Alright, anybody else who wants to speak now at this time? Is there anybody who wishes to be heard that has not been heard? Yes ma'm. Ms. Jones: 1 have a question. My name is Susan Jones, my address ... Mayor Ferre: Mrs. Jones, go ahead. Ms. Junes: it has been reported Mayor Ferre: Alright, let's give Mrs. Jones ... let's give Mrs. Jones our undivided attention. Mrs. Jcnes: It has been reported that certain houses have already been purchased for government housing in the Flagami area. I want to know is this true and if it is what will now become of those houses? Mr. t;ary: The response is ... Mayor Ferre: Mr. Gary Mr. Gary: The response to that question is we have not purchased any property of houses in that area. Mr. Pi,unmer: Well make it clear that if the action is anticipated of this commission today is to deny, there will be none purchased. Yr. Gary: That is correct. Mr. Plur ner: Ok. Mayor Ferre: Alright, Mrs. Jones, any further questions? Does that answer your question? Alright, does anybody else have a question who wish to be heard? Yes ma'm. Mrs. Fisherman: The question that I have ... tdayur Ferre: Your name and address for the record ma'm. Mr:.. Fiche nnan: I'm Mrs. Bibe Fisherman. I live at 2734 S. W. 3E ... Mayor Ferre: Mrs. Fisherman, would you raise the microphone ...? Mr.-- Fisherman: Yeah, is that better? I live at 2734 S. S. 36th Avenue. 110 MAY 1 5 ; � 81 I?:'_l, 1i ap �rcl.iate the opportunity you Give us to d,) this. I liavc for a wlinle group another batch of petitions to prQsent. I Want to know if I may respond to the "Alarmist" situation for two minutes. Mayor Ferre: Go ahead. Mrs. :'fisherman: Ok? I'm a resident here for 35 years. Have had membership _ a wily bark when in the South West Homeowners' League. Alsn, was a member of t ,& a way back when before it was popular, so, I am, not an "Alarmist" and neither are the people I am with because we are from all areas. Mx. Carollo: Ma'm, excuse me for a minute ... Mrs. Fisherman: ... Mr. Carollo: Excuse me for a minute, Mr. Mayor, Mrs. Fisherman: ... .�.o: Excuse me for a minute, it's just --one second, I'm sorry ma'm. Mr. Mayor, I'm not going to sit here while one of the me.:;bers of this commission i- Iji>rsed to be a community leader and a responsible leader is out there being an agitator. Mrs. Fisherman- Uh ... :•',I . ­LL. 1,.: Lxcuse me ma'm, I'm sorry, you'll get your term in Just a second. Mr. Mayor, if what we're going to add there is politics at its lowest, thou ?tr. Mayer T suggest that this commission meeting will be held out in the parking lot so that if we have to call up 500 people so that they could come and everybody could see us and not have one member of the commission out there lying his guts out and acting like a bum If I may use the expression Mr. Mayor ... Mrs. Fisherman: Oh, I think that's terrible. INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD." Mr. Carollo: And Mr. Mayor, again ... Ma,")Y Ferre: What? Mr! Fi herman: ... Excuse me, may I ... on a point of order sir ... Mr. Carollo: Maybe you want it right now ... Mr. Fisherman: May I, on a point of order sir ... Mayor Ferre: Miss, look ... a member of the commission, Mrs. Fisherman, is making an expression of something which he --I have to let him make his statement and I would let anybody else, go ahead. Alright let's ... Mr. Carollo: Excuse me ... You can speak in one second. Mr. Mayor, unless this show and circus will be stopped outside, I would suggest that we hold the rest of this meeting out there. If it can be calmeri down and we could act like civilized people, then we can hold it here. Mayor f'erre: I don't know what we're fighting about. We're all in agreement, so thats -- look Ladies and Gentlement do you understand? Well--... ^' v­rro: Ah, but he will be judged on that basis. Don't you understand uxa�L..y w„aL� 5 going on? This is what I wanted to avoid. Don't you understand that? I --I don't think that peoples' emotions should be used in anyway in this thinq. There's total agreement on the City commission. Are there any other questions? Mrs. Fisherman, please make your statement very quickly before some- body else starts to scream. Hurry please! INAUDIBLE BACKGROUND COMMENT PLACED ^P '"IIF PUBLIC RECORD. V,i. _, . C i slturmall : I --I just have to thank, ok. I was here very early today. ;t t:i -ough all of this. I just want to thank all of you. I think you do Ord working job and that includes Commissioner Lacasa who worked 111 MAY 5 ffsi z 16 with us right down the line. You were there too Commissioner Carollo and I just want to thank you all for a very good job and here are my petitions. Mr. Carollo: Thank you ma'm for your patience. Mayor Ferre: Alright. Alright go ahead. [hIidentifIed: May I ask one question. please? Mayer Ferre: Yes ma'm you may. Unidentifie(} If you do decide to build this low income housing, where will you build it? Mayer Ferre: Not in your neighborhoods where you do not want the housing. Unidentified: Where is that exactly? !'a•c:r i't.rre: They will be built in the target areas. Wynnwood, Allapatah, the Cu Laer area want desperately to have housing. That is where we will build these 31 units. i'nide,ttitied So it's definitely decided that it is not going to be built in our area Mayor Terre: That is correct. Unidentified : Alright, thank you. l a . Ca. )lo: STARTS TO TRANSLATE. IN SPANISH. Mayer Ferre: EXPLAINS IN SPANISH. INAUDILI.: BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD. Mayor Ferre: Just a moment. h'r. " (��­)Ilo: STARTS TO SPEAK IN SPANISH. You're violating the rules and regulations of this commission, >: t_ clown. we are now going to continue. Alright, excuse me, I am n­t i­inv, :o make the motion that I have previously made and I pass the gavel t, ..r. i 1 :;;men. Alright, Joe - Mr. Pluawier: Mr. Carollo, did you second that motion? Mr. Carollo: Yes I did sir. !-tr. l l;:n -,cr: There is a motion made. Is the motion understood with the arencbnent of Mr. Carollo that this does not only include Flagami but it in- cludes the other areas that are presently proffered. "Motion understood? That. is to deny the request of -- to deny the proposal. Any discussion? tit_ar inti none, call the roll. ON ROLL CALL. Mayor Ferre: Alright, with that matter, thank you J. L. and IPapologize to you and to those who the emotions got a little bit out of hand here. I hope we now can get back to normal and continue where they ... :-., . i 'L:.1iw1t:1 : Mr. Mayor you owe me no apology Mr. Mayor. You and I will have ditterf.•nces of opinion. I would only like to state Mr. Mayor, that all of that t-,,47 twenty minutes and I think that we've wasted twenty minutes sometime be- f-r-, hut. at least these people got the right to vent themselves,to let themselves be expressed and Mr. Mayor, I can't think of twenty minutes better than we can give to the people and it was demagoguery but just let it be heard. MI , fell of 1c1: J. L. I --I have no problem in doing something in an organized fa:,hic,i, like you were saying there. But, where I have the problem with is t.ryiny to do something in a disorganized fashion. 112 M Fr;Y 1%151 11s1 Mr. tin, me Joe, I ,{e. out. �. �'.:irello: That's exactly what I mean. r. , illm;'.ICr: yeah, X Carc;ilu: So, we're in agreement with this J. L. .. Mr. Plummer: Ok. Mr. Carollo: And like I said, if the shoe fits, wear it, but you won't wear i.t. 's. Flurmier: Because it don't fit. Mr. Carollo: (LAUGHTER). Rev. Gibson: Alright. Mayor Ferre: Alright, J. L. let's get out of here. If we can get through this thing ... ..ovor Ferre: Allright, we have now 47, 48, 49, 50, 51, 5-, 53 and A through E to attend to. Let's see -Alright, I'm gonna recognize you right now, Jr.;tendez. W aiicad, make your statemetn quickly about Wynwood. .!L. Well, I just wanted to let everybody know, first my name is Jose Mindez. I'm the chair -person of the Wynnwood Target Area for Community Development. Approximately 90% of the audience right now is from the Wynn - wood area. STARTS TO SPEAK IN SPANISH. We have cone here this afternoon not to oppose what the area of Flagami and Shenendoah came here for. We came here for one reason. If they don't want it, we want it in the Wynnwood. It was stated on all the posters that they have brought in. Mr. Mayor and Com- missions they said something that you need to know that has not been said here properly. There are approximately 2,000 applicants from Flagami and from the Shenendoah area that have applied for public housing Mr. Plummer. Approximately 2,000 have applied for public housing. Unfortunately, there is a law that says that public housing needs to accomodate or has to ac- cemodate, don't matter where the individual comes from. So the fact that we i)uild public housing in Wynnwood, does not necessarily mean that the people from W'vnnwood are going to occupy those houses. I want you to know that those people from Flagami and Shenendoah might have the same opportunity to occupy public housing in Wynnwood. What I want you to know --what I want you to know and I'm sorry because I --I don't want this to sound like a threat. I am very much concern about Wynnwood as an individual. The same way that public housing has been rejected by those residents of Flagami and Shenendoah, I can assure you and I want this to go on the record, that we will object --that we will object any resident from Flagami or Shenendoah to live in those public housing that we will build in the Wynnwood area. Thank you. That's what I wanted to go on the record. 57. DISCUSSION: (a) INCREASE POLICE PROTECTION IN EDISON LITTLE RIVER AREA (b) PROPOSED REINSTATEMENT OF SCHOOL RESOURCE OFFICER PROGRAM IN INNER-CITY SCHOOLS Mayor Ferre: Alright, now, the next item before us is the Miami Edison Feeder and Vandalism Community Council regarding the need to increase iNlic� piutection in Edison Little River. Alright sir. Dr. Stern: Good afternoon. Mayor Ferre: No, your microphone is not on. Push the buttom up, ok? Mrs. Hirai: It is permanently on. ri e : What? Mrs. iiirai: It is supposed to be on permanently. Mayor Ferre: Alright, would you come o e ere and use this microphone over- 11T MAY 151981 }rk r'.(. Pitlfnl! 1... gilt. it i:h7ng--•it's xiorkinQ. 11c Steli): t•Lt j aft.eri,c'_,n lionuraule Mayor 1'urre, LiStiii(1ui:ihcCi !•1•r name is i).C. tti; shall Stern. I'm principal of Horrace M.71171Tl .Tutil',J' 111 _111 a :r.Ib}ic scl.or>l located at 8950 N. W. 2nd. Avenue. o7ith m( on J:r_' 14 i:: ,-;atc.r O(_fell, a rinE:lpia special a1;!o7 1 J Cl t. t'__ - 1;r'• _- ,:i:(i �'aliatill S,t, 111 C�11i (�Un11n;;iLit}' Or 11- C'11I:Tti1i_1a i?i C1; '1 f Mi..lr;li ?i ,(i1 a;it: - fi,-: l.e.i l,'J a ]u1:11C School pr111C ipol, 1 am all a;. :t 1•."£' Ci)Cr'.:„•_. ..,.. i .. t-Jen, active member of the Mia-,d Edison iceder Patt,__,i _l.i,l' a!,:3 vandalism C.ommullity Council. This is a council coir.prised of i:,ul-:t =.< prirlcipals,-lerg1,nerl, leaders of corurunit:y agelzcies and cclicernEd - itiirai citizens living or working in the Mlialrii Ldi�7;011 art a. i`lumi;ci r cu'incil work together very closely to identify and priort.iae the mn,si �,>:,t,11I11ty vandalism pI'oblems and then si]bSeq,,--er:tly at.t:'-;Pt to i tions to these to these identified We to :E: 1)otii � I c(nlstructive approach and work very cooperative `pith the i:it l c• ic•, Department. in addition to Miami. Jackson, !7iami Hi,h and !(.i•_I: 1 , :=i:ern Public: School Feeder Patterns have similar crime anti ,anrt:..' i:::, llil'r.'lIs 5::' that within the l.l.t`r Of I'',la 1 nil .'i MI l' " nil:,it1' dgellCies, c.lergymt:n and iritore'6ted citizens are ALi a very positive approach to help combat crir,2e alid vaI;d al i:::•., of Miami. Pursuant to this presentation, all of the e:eder Pattern Crinte and Vandalism Committee councils afire _ii spokesman today. The community council nlember5 h;:'.-(: - ::: crlis. Serious concerns about the safety of youngster:, and adua ; s wc,rking and living in the City of i;iaml. The high unr ml,i ',',r.,;- ,e iimiti_cl number of jobs available for our teenugurs anu ac:: drug prohlems, spiraliJig inflation, tension :;till I:,asslve nllrr(hers of pec,,ple migrating to niami, i o), a )d efili:lO"aba.lit.y skill:; and dlninishing fecieral and st at.0 ,. a Vei: hi,3h cr-1we Late Wl t}"11n cur Cl ty. F+.II (`i 1.;1 1' eiiliyhtent_d can elitnry crinie vati(.iallsm a-rA 1_nci."easel '✓iL'�'-, „l,:;t rrr,t.rol it_, t aie admit+intj to t.1te ,-ecjde in !lici j th.t t.:a f aGi3d ' t1iaL C: LLirl It l•:7it1, t1K' `1J1C]S of (:11 :<i S Ci2 1 that t)lotcctIoii ] _' 1ta(7ctall i c,L rit:Iaid t0 L'i11 61,.1'U ('+ell" St-rC'(;"' and irl 'E'11llIIC3 t..t t 'i.E.'it,irlr fo. trl(- s; ;1 _,;io } rinar,.d::d ,j,u,- e.r one (loat in resl•)oI,sll)].1i`y• i:,iit apl:roximately 3:45,noo citizens live wit_h1I7 the City 1'1.1 .1+: ! ril y011 1(,Lk at commuters ai-'a tourist on a daily 1:)asis, we l.i h1 1Fr i ]'rl ng and l"otkinq Nit111J: the CitV limits of mialnl l i.::>?-,i.Ce departlliellt lacks the nec'eSsary dollars, the necessai.'.' f i PG`•'14e3 tit( pl'C t_Cl L1Gii We need for our youngsters, for our V. Crime and vandalism counci_s a.n,! o!:%C: again, t.1`:Uy repleseiit �lE SC:11C,02-fi, clergymen. !tally citizeI-:s within the cor1II unity inc-ea::.ed budget. More foot patrolmen, three-wheelers and deli t;:"n ':.ff.icers are sorelyneeded. High police visibility and dec:,e::..::,' .i isi)":ire l on se time are key crime deterrents and can only become a real its` I eased funding. Albeert Schweitzer once stated that example is not. Gil_ l i•, thiny in life, it's the only thing. And we asking you, the Mieln'i lit c;,.u:mllssion to set the example to demonstrate to the people of Miard 0:1-i, yc .'i:. l address tlieii number one concern. We know housing is a criticcil r:c i„ 1.l(t- w}iat 11i.1 suggesting that the number one concern of the people- of II1:::.I :. it, t: rime, vaLidalisra and violence, acid in a responsible manner, we ask y )u r:e this your number one: priority. We have a great deal of c':)nficic,.:,- i1 !,:of Harms a]ld believe wit} -I increased dollars he cart allocate rlor,:: p:,! i * ' ] rs especially around our schools and in our communities which w0.1 t: servictis and greater protection for all. If we desire resl)<:c:l x�.r T11U."t first make tlic law respectable. Increased police i 1 1•I i!('3 ic'sit ctibility back to the City of Miami. We urge 1 :.. } • 1 i (t, budget for the good of all. i!,iy:,r 1''erie: ii1ri,3ht sir, thank you very much for your statement. I rind I ' M sure Commissioner Carol to and Plummer can speak fc.: t1,i:, (.c,;nmission has gone on record precisely in what you're 1.a1'r,Ir ). 2 t role: f(:,r you to he here to stake that statement again is doin; i i,� I.t .,i I;(t process. Keep your eyes on the newspaper and I welcome yotf 114 r f" tha~ s`at-ment. In t;,�.;._.n timF_ I ant. to than}: you .4K the two distinguished z zt;::II;I.is r-hat s* :. a]c,r:g wit`.. you . r . c)ur interest in o-i ;g to the city ::h.trl�t�rs ,nd ��Xi rt _>::Ir.d your c,pii -)r�. Wc! ti,ank you .."•:Z ' ,iTUi �i): f�3- Pkt'i�,t , If- I mdy dt1L] Gc)mc'LJtlnt� <ii ... Milli; r'O1'a;:;1551on }lay ri a;>:i •.%1 rC'CC:rj i1. i:[;Ulrin'� ar, addtior.al WSJ }!OliCf' of 1Ct:r5. I'C�11Ce Off10ETs i,adies and Gentlemen, not social worker. This is a message that I hope reaches all these fine police officers that we have. That th•,re is a majority of this commission that is willing to put their necks on the line and take the handcups off of them so they can go out there and be police officers. Thank you. Mr. Carollo: Thank you. 58. URGE FEDKR L GO VER,4'IF;CT TO AC01111RE tiECESSARY !,AND TO E\PAND BOUNDARIES OF BISCAYNE NATTONAI. 'MONUMENT. 'ayor Ferre: Thank you gentlemen, we are now on Item No. 48 which is Mr. �,.F,.Lazarus, Chairman of the South Florida t,oalitiun c•ouct:�rnl.116 Conservation, Civic and Sports Ciuos. ;•;r. Lazarus. Mr. Lazarus: Honorable Mayor and Commissioners I believe you will recall that I was. here approximately a year ago for your endorsement of the plan for the purchase for the addition to Biscayne National Monument. Mayor Ferre: Mr. Lazarus, I've got to answer you in the same way that we did last year. Let me begin by asking you how is Bernie? Mr. Lazarus: Bernie, healthy, that's all I can tell you. Health and kicking Mayor Ferre: I'm glad --give, him my best. Mr. Lazarus: I sure will. Mayor Ferre: Mr. Lazarus, when you came here last year, do you remember what we told you? Mr. Lazarus: Yes sir. Mayor Ferre: What did we tell you? Mr. Lazarus: You're behind us 100%. Mayor Ferre: Well, I think that this commission is behind you and I don't there's anything we can do here to solve your problem because your problem is a state problem. Mr. Lazarus: No sir, I'm sorry but these funds were approved by the congress last year. Signed, the bill was signed by the President, the funds were allocated from monies that were collected from All Shore Leases, etc. Was not taxpayer money and the new Secretary of the Interior wants to use that money for administration purposes in the Department of Interior. That was not the intent of the congress and we feel that if enough pressure is brought to bear on the proper authorities, that money should come to us, is rightfully due us and if we wait too long, we will never have enough money to purchase this land. Mayor Ferre: Alright, sir, what is it you want us to do Mr. lazarus? ,ll. Lazarus: We would appreciate you sending a resolution affirming your -- your resolution of our share to the President, the Secretary of the Interior, our two senators and the four representatives from South Florida. Mayor Ferre: Alright, is there a motion to that effect? Mr. Plummer: So move. Mayor Ferre: Alright, Plummer move. Carollo, are you seconding the motion? Mr. Carollo: Second ... 115 MAY 1 51981 r, Mayor Ferre: Further discussion? Call the roll, please. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-437 A RESOLUTION URGING THE FEDERAL GOVERNMENT TO ACQUIRE PRIVATELY OWNED UPLANDS AND SUBMERGED LANDS NORTH AND 4%-FST OF THE BISCAYNE NATIONAL MONUMENT; TO EXPPOND THE BOL';�-DARIES THEREBY; AN'D DIRECTING THE CITY CLERK TO FORWARD COPIES OF THIS RESOLUTION TO THE HEREIN NA`lED INDIVIDUALS (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Ulion beink seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote: AYEti: Commissioner J. L. Plummer, Jr. Commissioner Joe Ca.rollo Mayor Maurice A. Ferre NOES : None A1)SLN'I : (,, ,.--.i ti,� i oner Armando Lacasa Vico-Mavor (Rev.) Theodore R. Gibson iH0 .AS WASHlNG'IO:; TO "Ml:-:ORIT'; BUSI:'I:SS ENTERPRE.'EAUR M,-ivor Ferro: All right. Personal appearance by Mr. Tom Washington. .X. W,ashin ton, the Chair recognizes you. Xr.-,hor,�ns Washington: My name is Thomas Washington, 736 N.W. 45th StrCet. :{c ;rr3�10 Mayors and members of the Commission, the City Manager, rile City: Attorney and others, we would like to present to you today a proposal that will give the City of Miami an opportunity to engage in the business of building business, and in this instance, we're speaking of black businesses. At this time, when much is being said of what has transpired since the civil disturbance of May of 1980 and the reentrer.rhment of the Federal government and the allocations of resources to social and job programs. We think it is important that we be reflected, and we do not suggest that the reflective on the past promises made, not fulfilled, or what would have or could have been done if other administrations in the White House. But we do suggest that we look and reflect the underlining problems in the black community. The problem is simply a lack of adequate economic base. We cannot theorize on the various ways that this problem can be solved, and in deed, there have been novels and innovative and profound situations proposed. Th,•re likewise, have been tremendous amount of monies allocated to those problems, and we say that that is good also. However, it i!. our opinion chat the true hope of our community lies in its busisnes ;nnd commercial enterprise. Just as in any community we feel the vitality of the community relf.ects the vitality of its business. Therefore, we feel that it is of critical importance that the black business sector bc• aided. We know it is easy to talk about grand schemes of multi -million dt�llar loan programs, and we truely feel that those things must be. What we do not understand why it is difficult for the City of Miami, :,nd indevd other governments to say it will then insist on buying goods and wervices from black businesses. We find it difficult to understand 116 / ,\/ , A 1 �1 � J r Af- 4k S Mr. Washington (continued): how the City can design and fund a multi million dollar program but cannot develop the expertise to buy'$15,000 worth of fencing from blacks or insist that contractors doing business with the City have black sub -contractors, or purchase their materials from black businesses. The only reason we can see for this apparent contridiction is that the City has never been given an opportunitty to address this problem. Members of this esteemed body, we give you that opportunity today. Now, I would like to introduce my associate, Charles Wright, who will briefly outline our proposal. Mayor Ferre: Mr. Wright. Mr. Charles Wright: Our proposal basically gets into four areas of concern. The first area of concern that you will find on the written proposal that was given you is a classification. And in this regard, we're talking about any business that operates within the City of Miami as a legal business. Mavor Ferre: Mr. Wright, I wonder if I coiuld interrupt you '_.n the of perhaps gaining some time. I discussed this with Howard Gary, and Howard Gary assured me that he has discussed this with other merhers of the Commission, as I understand it. I think what you're trying to do here, Tom, is very comendable. I want to say that I am for it. This matter has now been down at the County Commission level. Is that correct? The County Commission has done this. „�. V—si—li ton: They do have now the ability to have a setaside program. *favor Ferre: And I think that what you're talking about, and I commend you for bringing it to our attention. Since we now have a member of the black community who is the City Manager, and a member of the black community who is also a City Attorney, I think, I would hope that you would have confidence that not only is this Commission in tune and in favor, but that the administration will be too. I'm only speaking for myself. I cannot speak for anybody else, but I'm certainly willing, if it's the will of this Commission to just move along like the County has on the Set -aside Program. Could I interrupt you and ask Howard, or perhaps bring it to a head. Howard. 1V1r%1 1 V IJVI ^t. Mr. Gary: Mr. Mayor, commissioners. One of the assignments that Booz Allen has is to look at our purchasing department and I've asked him to set, to have, to develop a program that it will be a set aside program for blacks, hispanics and small business people. This would insure that tliose people who cannot deal with economy in scale of wholesale prices as well as wholesale stocking of goods will have an opportunity to do business with the city. So hopefully within the next month we will have a small business program specifically for blacks and hispanics. Mayor Ferrc: I'd like to leave it this way. Howard, would you contact Mr.Booz. Wright and Mr. Washington and ask them to meet with the people from Boz Allen I would like if you're not present to have somebody from your staff and then I wanted to come back in the specific, legal document to be discussed with this co=ission rather than a proposal whenever you're ready to make a specific recommendation and nobody else will I will be happy to sponser it at that time. Can we leave it that way, Tom? Xr.t+ashin�-ton:We can leave it that way. I would like to just put a little on that. ".•la`or Ferre: Go ahead. feel. very confident in, confidence in the direction that we're headed and as you know, Mr. Mayor, that travels throughout our community that we have the highest vacancy of vacant land which is non -tax producing other than the tax on the land because there is no building construction there. We _ hove t�;e highest rate of commercial buildings vacant which draws no revenue ad valorem tax, occupation, license and also employment and I think t'.a;: thi would be a step in the right direction and I'd be more than glad to w r:. tear, ii, hand with you. Ft,rrr: again, Mr. Washington, my thanks for your leadership in this areci. MI-J'arollo: Thank you for coming. We share your concerns. Xa%-or Ferrc: All right. Thank you. Mr. Wright? 60. iZEOUEST FUdDING FOR LATIN CHAMBER OF C01MRCE. (BRIEF EXCHANc.F IN SPANISH). Mr. Alexander. Lnidentified: Mx. Mayor, commissioners. Good afternoon. Let me say that I am here the whole afternoon and I am very happy to see how much just $129,000. 118 or or- 4k 44 Captain William Alexander:Well, let me say that I am very proud in the democratic way work in our community here and in our city. My congratulations on the way you've handled it. And I know that with the same spirits and same feelings unanimous you will vote with request of Latin Chamber of Commerce. As I recall, Commissioner Carollo last year commissions and also our Mayor Maurice was one of our guest speakers and was one of the ones to support the Chamber all the way down together with Armando Lacasa and Commissioner Plummer. They know that we in the Chamber we are just trying to do and work and form, helping the policy to solve Miami as the Bridge of the Americans. I don't know how many times I've heard that coming the Commissioners and especially from the Mayor. The Latin Chamber of Commerce with that in mind represents to date more than a thousand chambers of commerce in Central and South America. And -we have the committment with these countries and in September there's going to be a convention and we're going to have about close a thousand members and chambers, plus 135 chambers from all the United States and Miami. That's going to be in September. At the present time I can say that I was traveling to South America and so far I visited 12 countries and I have a committment with those 12 countries over Miami. As the key of trade and tourism and Miami, believe me or not, and I believe and pray and support these with a statements that Miami is going to grow with a relations that we can have with Central and South America and you're responsible to help us for that growth. Then we are here requesting $129,000 that we request and we talk with you in the past. I'd like to see it commence. Mayor Jerre: All right, Captain Alexander. Now is there any questions from administration first. Mr. Gary or members of the Commission on the presenta- tion made by Captain Alexander. Mr.Plummer: Well, Mr. Mayor, there's no question about his presentation the question is the dollars. Mayor Ferre: Right. Mr.Plummer: Now, are you, you know, looking at me straight in the eye and without cracking a smile and tell me for sure that your bottom line is $129,000. Mr.Alexander:Well, we have in place and we have about 29,000 in place already from private enterprise But then we have about $100,000 to make this con- vention a reality. I would like to add the convention is about a $42,000 and the rest is to organize and prepare seed money for...... Mr.Plummer: What are you asking? from this commission? Mr.Alexander:$100.000. Mr.Plummer: I said be fair. Come on. Be fair. What are you asking Mr.Plummer: Is that pecos or dollars? Mr.Carollo: Let me suggest this, Mr. Mayor. "..C.-.. We want to be fair with you and at the same time, I'm sure you want to oe fair, not to the commission but to the people who pay the bills, tP.."arArr like yourselves. Mr.Alexander? Right 119 51981 MAY 1 Mr. C,,ro11c1: why don't you go and sit down and itemize the areas you need and give us a bottom dollar on paper. This way we have some justification and you can itemize you need so much for this, so much for that, so much for this and some back to us in the next meeting and well have the City Manager put you first on the agenda and we'll take it up then. But what we need, what I need, is something in writing so that I could see, there's too many people coming before this commission and we said no. And we have to justify to all the other groups and the other groups that are going to come after you, why we're not going to give any money to them and we might give some money to you. I think you could understand that, especially when we're having a thousand people laid off from CETA and from anywhere from three hundred to four -five - six ;iundred regular civil service people being laid off. So, I'm not trying to cut you off and put you off in this, but, what I'm trying to do is to do some iustice for all of us and if it could wait until the next commission mcet.rn-T to do this, let's take it up then. Okay. Mr.L.acas:i: I'm sure that when you came here and arrived to the figure of you must have based that figure on a budget that you elaborated. The �r;l-cri.cr,ce of this City Commission all throughout the years with the Latin Chami>er of Commerce is such that it speaks by itself. .and I believe that if there has Leei, a constructive organization in this community that whatever siryl. dnll.ir in government funds have taken, has been able to multiply by a tr •.7.,' ... `actor in positive economic effect for the community for a whole is lrecisely the Latin Chamber of Commerce. As far as the people who are un- fort-unatrly being laid off, Commissioner Carollo referred to, by CETA has Simi l% ;. tl;ir,:, to no with you, that is just words. CETA has nothing to do from what you can (let this $129,000, so I will comi:'letely i cry- t!;at as another good example has plain ignorance in government. So as far as I an concerned, I am satisfied that you need the $129,000 and I,m for this. The only suggestion is that you get together with admi;u��Lraticn and work out your budget to the satisfaction of both, your and our administration, and I hope the City Manager can find the fun-.- to fund the program. trayor. Yes. before the City Commission makes any decision on the funding, I think 'it would be appropriate for Mr. Reid to give you an analysis or an of the two proposed projects, they are two distinct projects and I tl,ink it:- important for you to understand what they're recommending. And before you begin 1', like you understand that last year we supported the Latin 1..:ber of Commerce, international Latin Chamber of Commerce convention, in the amou,,t of $25,000 so we did do something for them last year, but they are now addin,3 something different to this. M,,i: There are two parts to the proposal that we've discussed with i;; ::h;enLer. The first is to continuing support for something you've alw.,s suppc.rted that was the Second Hemispheric Congress, you supported the First Hemispheric Congress with the amount of $25,000 and the actual cost of that i-c,.gre_s was $42,000 with the Chamber putting in $17,000 of their own money. What we've suggested to them that would be appropriate for the City to runport that event at last year's level, because we do feel in terms of funding; this type of event that there should be both city and public and private 1 :rticipation. So there is agreement that the Congress is a good event, is f<, t1w City of Miami, the Latin Chamber does a successful job in terms it out., but our support ought to be at last year's level of arni thcrre should be private funds and county participation in this 120 . n n `` (Gunt'd) Mr. Reid....... event, which really benefits the entire county, the entire Metropolitan area. The second request that has been made is that there be provided for the first time the amount of $63,000, $63,800 to set up what is called the permanent secretariat of the Hemispheric Congress of Latin Chambers of Commerce and Industry. Basically we have been supporting a one time event, a meetinq. The second thing that has been asked for is that there be a per- manent office, a permanent function, a place where people can walk in 365 days a year and get services from and interact with the staff of this Hemis- pheric Congress. Again, its an idea that would rebound to the benefit of Miami, because we feel that as in the first instance that there should be private participation and county participation of the funding of this activity. Mayor Ferre: I apologize. I have an emergency on the phone. J. L. would you run the meeting for a moment, now? Mr.Plummer: Yeah. May I make a suggestion? When is this conference pro- posed? Mr.Alexander: It will be in September. Mr. P1 urrne r : Of this year? Mr.Alexander: Yes, sir. Mr.Plummer: All right. Instead of giving Mr. Gary a shock treatment. May I suggest we meet again on the 28th. Okay. Let us give Mr. Gary the intent of ti,is cuirlmission that we would like to do all that we can do to make this event a success. And let Mr. Gary read between the lines and come back on the 28th and tell us just how far that we can go in the way of funding. Now, in that period of time we will give the opportunity to convince Mr. Gary and company just how important this Festival is and impress upon him to continue to look for additional funding. I don't think its fair that we hit the admini- stration between the eyes with a checkbook. Now, my suggestion to you, is that I am not ready to vote today for a $100,000 award. I want to tell you that. I am ready to vote to instruct the Manager to go and report back to this commission on the 28th, telling us to what extent he feels we can fi:,an::c that conference and then, we can agree or disagree or do whatever we want. But I think you've got to give the administration the opportunity to try and find the funds so that this commission can approve them. Mr.Alexander: Well, Mr. Plummer, I think that the Latin Chamber of Commerce will go along with your suggestions. We have, you know, a budget. We started last year. We were working, as I say, before I traveled 12 countries. We know exactly what we're looking for. We know what will be the benefits of our community and as I say before, Mr. Plummer, Miami's going to grow with the relations that we can maintain and sustain constantly a plan of programming with Latin and Central America. Mr.Plummer: We all understand that. We know that. Mr.Alcxander: And that is exactly what we're doing. And that's going to be the results of it. Mr. Plummer: We were all there. Okay. I want to tell you it was one of the most unique conferences I've ever attended and let me tell you why. You went the vxcra mile for this gringo who has never gone to an event and to which I could put on earphones and I heard and understood 100% that went on at that mc..ting. I appreciated that because not every event in this town is that way. " T �� to I understand 50% of what's going on and I want to tell you that you impressed me with that kind of thing that you did want everybody t„ t .,.:....,t-..Lu, not just the Latins but the English-speaking as well and it „."j"ly that you went the extra mile to do that. Those extra miles I realize cost money and I want to do whatever I can as far as this commission is concerned to help you afford that kind of bridge building in this community. 121 MAY 1 51981 I want tow).d to those words ansay dd that � don't have any . �,�•,,r c•rre : c7uestio; that I and my vote is ready to be cast in favor of the Latin Chamber c;f Comr,crce and the project you have and your proposal. I don't think that th(.zu is any activity presently within in the city of Miami that is more con.luctive to the welfare, general welfare, of this community and than those that: are being done by the Chamber of Commerce. So I'm ready to vote today. Mr.Lacasa: My position is exactly the same. *ir.Flummer: Is that going to be made in the form of a motion or is it just instructions to the administration? Mr. Carollo: Mr. Sabines explained to me that they did give something to the Cit-.• ;.tanager in writing as far as figures. Can I get a copy of whatever was ,4 iven to you? Mr.Garv: yes, you can. *1av,�r Ferre: Would you, Mr. Reed, make that available to all memebers of the -o,unis�ion and I suppose we'll be able to vote on this on May 28th. 'Ir.C,3r�l.lo: *Iot only that, but from now on when something like this comes u!, ca;, all these copies be given to the commission? ' ("IT -7u�-t for the record, Commissioner Carollo, this item came to me minute and it had a funding source of which no funds existed and I I,avr :,ot ;iad an opportunity to identify the funds I promise you, you'll u,c ;.he information and also, I promise you that won't happen again. Thank you, Mr. City Manager. Ml,vcr 'rcrre:All right. Anything else? All right. Thank you very much. OF FL'�DS IN CON*:ECTIOI 1tiITI1 GOO:�,Ay FESTIVAL. We are now on the presentation by Herb Hiller. Is Mr. HIller st i 1 1 l.erc.? Frrre: Herb, I apologize again for the long wait, but I'm sure you're ,-,ware that we had a hard afternoon. MT-. Hiller: Mr. Mayor, it was a case of democracy in action. Happy to be I:c•r;,tme is Herbert L. Hiller. I live 4395 Ingraham Highway. I am ,: r,• ;d,.y as Chairman of :1-e Goombay Festival in Coconut Grove, the fifth annual and appearing with me today are the Chairman Emeritus of the y Festival, Bill Stirrup, and the Vice Chairman of the Festival, Assistant Pli,.cipai of West Miami Junior High, Dr. David White. We represent the Comm it.te which is planning the fifth annual festival in Coconut Grove, June 5th 7th, this year. As you know, the Festival last year was cancelled, t i.rcrl �I; r,o fault of our own and this year we're back on track, back on target, ir,cl w,• t•xl,ec,t a very successful event. As I'm sure you know also the Goonby f'f• ,c , =.:] i„ :i genuine bi-racial activity that takes place in Miami in the each year. And the Festival celebrates a near hundred year o!-1 tr,iJition of Blacks and Whites getting along harmoniously in Dade County. we !t--1 that this year the Goombay Festival is simply more than one more street t-It",r,,tion, but we feel that Goonby this year represents the possibility and r,allty of good race relations existing irl Dade County. We think that the rr .; ; ! , - t I v., l i not only important to the people of Miami this year, but w, 1 1 , v, that I.: r1-rly positioned this year will be accepted by the national ,n„ ,, ,,, i r+,Ii Cat ion of how the races do in fact get along harmoniously in Mi in., , :—it r;:ry to what may have been reported because of the events in the 1 • t 'r!;,-rc• are a number of fairly routine items which we come before Y, ! , r on and then, one major item. Among those routine items, 122 i (Cont'd) Mr. Hiller we've put in front of you the draft of a resolution that we would ask to act in favor of. We ask that the week of the Festival, which is the first week of June, be declared Bahamas Goombay Festival and Coconut Grove Week, in the city of Miami. We ask permission........ Mr.Plummer: Mr. Hiller Mr. Hiller... Sir? Mr.Plummer: Mr. Hiller, your bottom line is $30,000. Correct? M-r.Hiller: Yes. That's correct. Mr.Plummer: Mr. Mayor, I move at this time that this commission approve the grant for the Goonby Festival which has proven itself over the period of years to be great to this community. That we approve the request of the grant not to exceed $30,000. Mr.Carollo: Seconded, Mr. Mayor and I may add that I have complete confidence in Mr. Hiller and the gentleman he has to accomplish this fine Festival again in its greatness. Mayor Ferre: I have only one question and I am sure that Mir. Stirrup probably asked you, since Father Gibson is not here, you're a member of his vestry and all that. Is Father Gibson in agreement with all this now? The answer is "yes". For the record I just want us..... Mr.Plummer: Mr. Mayor, without question, one thing Father asked me as he walked out the door and says, "Plummer, please look after my Festival." I said, "Father you go home and rest assured." Mayor Ferre: I just want to put it on the record that there's no problem with Father Gibson on this particular issue. For the discussion, a motion is made. Call the roll, please. The following motion was introduced by Commissioner Plummer, who moved its adoption; MOTION NO. 81-438 A MOTION APPROVING A REQUEST BY HERB HILLER, AS CHAIRPERSON OF THE GOOMBAY FESTIVAL COMMITTEE, IN THE AMOUNT OF $30,000 IN CONNECTION WITH THE 5th ANNUAL GOOMBAY FESTIVAL. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote: AYES! Mr. Carollo, Mr. Lacasa, Mr. Plummer and Mayor Ferre. NOES: None. ABSENT: Rev. Gibson. S 62. GRAINT REQLTEST FOR CONTINUED TE,QORARY FUNDING OF N.E.D.A. MIAM1 CHAPTER. Mayor Ferre: All right now, we have Item 53, which is Manuello R. Arques. Is Mr. Odio here? All right, Mr. Odio, 1'r. Arques called you and said what? Mr. Odio: He couldn't make it, but he's requesting the :.ame funding that as the previous man. 11r.Plummer: I move it, Mr. Mayor. We said we'd do it on a month to month basis of the $2,500. Is that.... $2,000. ?favor Ferre: Is the motion seconded for further discussion on the continuation Of' the $2,000 per month funding of NEDA until they make their application to be fundr;•d by Federal sources? Further discussion, call the roll. The Following motion was introduced by Commissioner Plummer, who moved its ad-p i on : MOTION NO. 51-439 A MOTI014 APPROVING A REQUEST MADE BY MANOLO ARQLTS - through a member of the City's staff - FOR CONTINUED FUNDING OF THE MIAMI CHAPTER OF N.E.D.A. IN THE AMOUNT OF $2,000. U1.•on being seconded by Commissioner Lacasa, the motion was passed and t d by the following vote: AYES: Mr. CArollo, Mr. Lacasa, Mr. Plummer and Mayor Ferre. N"ES: gone. FwSE`: T . F.ev. Gibson. 63. GRANT REQUEST .LADE BY NEW WASEINGT02T HEIG::TS FOR CONTINUED FUNDING, FOR ONE MORE 110NTH. Mr. Plurer: Mr. Mayor, I also make a motion at this time to continue the Mn,funding for one additional month of the new Washington Heights .... I think... 14o, that was the past month we're told by Mr. Gary. This is for the future and I think, Mr. Mayor, the indications are very strong we'll have some very good news by the end of this month's funding. `lr.Carollo: T second the motion. Mayor Ferre: WE have a motion and a second and with alot of hope, Jackie, we're ready to roll. You want to say something? Mr.Plummer: No, she doesn't want to say something. Mayor Ferre: All right, call the roll. 124 MAY 1 51981 and .(-,c) ahead, Ralph.. Mr. Arran _T ;t Almanda Street in coccr,12t Grrve li, Pillar 2f-, a girl who just turned 14 or, Frlruar- f(--r thc, record, was ral -)ed by 4 Ft1al-kr, thy-c, :,,I 6-)w-_town Miami, Mr. Mayor, Mr. 1'li ht, suiription. You were present and too}:pj­.turo:, at li,­ tlJi;,t qirl car,. no longer continue school, !7 1 jf:'ill J;, :,chat-1, she reeds a psychiatrist, and T've livt-.d in this city for 14 year:-, and ilvil tc) t trans;ition that's taken place here and it 6-t-sn't rvc mk, weAll avorably or negatively as to what's; happeneii. ! th2n),, I've made my c•oniribifticn to being flexible in accept.in(i the-f., 1:iii-, `­panirh now. I was married to a Co 1 U�mh, I a r, 1 (7, ,;i,anis.h. I have Blacks from Coconut w, ft-,! T -i--�ntractor. I think I'm liberal. I thin)i'. "J-:I, .: i %, r, . 1*%'(� about riy community, but I have certain cril-i T!,i­, n, and I hope, from these criti- cism scmethi-iiu I've always believed something good comes from TI-il-i- tlo! way I was brought up to believe. And I still believe it. Vr not here to negatively criticism the police department nor the ripe -enter, whit!; i- not your jurisdiction nor the M.T.A. Bus System, which %!ijlso not ycur but I want to give you my blow by blow expert t_,;i.e (J w1 ,i,.- I,ugh starting at approximately 10:25 on a Friday ni-jhr three weeks aq,_) As a contractor I came home late from work and my daughter had got j)ermaF,<_Jon to visit a girlfriend in North Miami Beach, Betty Cabira. 1 phoned, hopii,y I could rush up to North Miami Beach and pick her up s(-) we could qr) for supper. My daughter lives with me in Coconut Grove. I'm a divorced man. I was shocked to find out she wasn't there. Her girlfriend had to go to ar, evf-ri,_ that she couldn't take Pilar to, My (latiqliter had no olitions. She couldii't reach me, cause I wasn't at home, so SJJV ITIAdt- the terril.le wi.-it,.ike of tak4ln,. 1,iis to the downtown transfer to CL 1, , . , , - , ­10vtl. i %,, r I of -�ci area that I likened to the DMZ, t w(, 1,1 oc)i , s wt,!;t - I wl,al usedDepartment store at about H Wk lo''k ull a FrJd'i"I bight. ni.-r,, F71.,- -it',,-inpred to transfer to a bus to Coconut 6rove. it didn't take very lorry Ywfore two youth came in and held her 111) 11 (1111i priint '11()(r,k her, to tit- Iml-i 1,,'i Bar where one had her in the d(_)(irW-1y Wil t 11 d (JU11 1 11 IWI t,.ark dT,d ! :.( , t-`;t,r one went tried to pick up, buy beer di'd W-Is ref I.Ist-d 1j", t !I(, L."il there they walked her at gunpoint into ;-t Then they took her underneath the T-1ji 'Cl,iijit.-i i ti.e ­.,, r.tped hur at gunpoint forcing her t(, i,iari-jii,,iia, wl,il-)i Shen two passing youths on Licyclu., wf.rt- WU1u,)1i1ut_1 ti, t 1rt ii'l ­tt: ii, these evil pleasures and de- lights. Ai,d my daughter, after snt: iai,all,,; j got away from them, at 10:25 ot�. MAYA�J 151981 (Con t'd) " Mr. Aaron: I received a phone call and that phone call said, "Daddy, I was just raped by four Blacks." I went hysterical and lost my voice for two days from the cry of grief I let out. I called 911. I tried to ex- plain in my anxiety and my turmoil, my mental anguish what had just taken place, 'cause I realized it would take me 20 minutes to get to 125 South Miami Avenue, where she was waiting for me. I asked them to get a patrol car to her immediately, because it would take me 20 minutes to get downtrAri1 from the Grove, I estimated. When I got there at Southwest, I'm sorry, 125 South Miami Avenue, she wasn't there. I was absolutely panic-stricken ar.8 I looked all over the neighborhood and couldn't find her. What had happened was that a cruiser did pick her up and took her out of that area, where she was waiting for me, to the area of the bus stop where she was waiting for her transfer. I don't know why the patrol car couldn't waited for me. 1 was lest in 10 minutes with Dante's Hell, Dante's Inferno. Finally, there was a terrible traffic accident at South Miami Avenue and Southwest First Street and I asked an officer to radio back to the police station to fired out where that cruiser that went after her and immediately passed announced rape victim, like we found. Then I was told where she could be found. It was fifteen min- utes now and I found her at a bus stop in a cruiser with a certain officer, who was questioning her. You can imagine the fifteen minutes I went through. From there, we cruised Overtown and found nothing, of course. And then to the Rape Center. Now, the first mistaken was that the patrol. car should have waited for me, since my -'aughter told him that she had called me and I was coming down. I didn't know where they were. I had no idea where my daughter was. Second of all,....second of all, not withstanding the procedure of the Rape Center, which is out of your jurisdiction, my daughter could not recognize..... could not at that time, being in shock, having been at gunpoint for 2 112 hours, approximately, remember what they looked like. I spoke to the team bteeks, Herrera, and, at the Rape Center. Subsequently on le:day, my daughter went to the Rape Center and she tried to identify; her possible assailants. Now, what happened between Friday night and Sunday night? Let me tell you what happened. First of all, on Saturday night I phoned down to the Homicide and Sexual Assault Section of the City of Miami rol.ice Department and I found out that the team, I will refer to them as the team from now rather than call off their last names, the team. The team working from 11 to 7 in the morning and my question to the Sergeant, Who ans- wered the phone was, "Did anyone go down to the Imperial Lounge Bar during the daytlight hours and the early evening hours when that Bar is open and talk to the bartender., because the white bartender has been the one who refu;;ed one of them beer and had seen the other with my daughter at the door- way. By the cigarette machine. No, no one had. "Why hasn't anyone done this?" Answer: "We had two, we have had five murders in the last two days." "I see. What's that got to do with someone going down to the Imperial Lounge Bar, approximately4 to 5 blocks from the police headquarters, and aski::.; t:•.e bartender if he could identify the individual who he refused beer." Okay. Sunday night. Sunday night, another phone call. Same Sergeant. No satisfac- tion. Nobody had been down to talk to that bartender. Then I get another Sargent, who gives me hell over the phone and tells me the following: "We have had 6 murders since April 23rd." By this time, I've assumed 2 things. One, that murder takes higher priority than the rape of a minor by four individuals, who committed 4 other assaults that I can figure out. Use of a gun, committing of a felony, assault, they kept on striking her during this period of 2 hours plus. They stole her purse and her necklace that I gave, gold necklace I gave her for her birthday February 20th. There is at least four, if not five. Now, the next thing I get one of the Sargents to call Cadavid at his home. I found now that they are off duty for the next two days, so not only have we lost Saturday and Sunday, but we're going to lost Monday and Tuesday and I raise a holy compliant, a real terror over the phone. And I get one of the detectives to promise me that he'll see to it ti,at Sargent Mike Gonzales gets back to me, that night. I do get a phone call arid I bring up this point, 'why are we waiting so long,' because of the fact that the team is from 11 to 7 in the morning and the bar is closed by t ht %, ,anti you can never talk to anybody. And second of all, the fact 126 Nr�!� 1 4 i G r Mr. rya four day into Wednes- day before anything can be dr.)ne and I'm told, by one of the officers, in the Homicide and Sexual Assault Section, that•that's, the wav its done. I said why don't they ask a crew or a team from the prior shift to go over and talk to the barten:it�r whc.-ri that partic;:lar l-,ar is c;, ..n. Nnw, we're waiting four days. I'm concerned about. re -call, I"m about the fact that so many pF.ni,te will have, been ir! th.it b<rr t_.nat. maybe tint-, bartender won't remem- ber. As it t,irried out on '-he t1,>r<<iaY aftx�r I p,.it pressure on the police, they did go down there Eud the bartender did" remember. But why did I have to risk the possibility that f:nlr ;lays w,,�.±lei qo by'? riow we talk about Thursday, after the alleged rape, 'cause it_ says ri(ii;t i;i ag_:nda item 150, alleged violence. It was no alleg.�d. Ail,_gc-ti in the dictionary means implied or inferred, per - hags never happened. It wasn't ailcueci. It happt.,ned. Because the Rape Center told me that my daughter was exj)eriencing excessive hemorrhaging and they found semen in her vagina. I ccnclu,.Iced that's not alleged. Now, we get to the next point_. I insisted that my daughter come down and look at more mugshots and he said, ' _`ini2, if u want t-o, do it.' So I take off time from work and I Dick her llp and .I I)ri:lq her down and she locks at more mugshots. But on the way down in t}1, car I'm peppering my daughter with question,, I'm finding cut s,-ver.:il t`:i.:q,. One of the things is now the rec•ail i_ cor)inq i>ack a tt:r thn indtitil t;,,ck ; f rricay night and of the, of the, of the Monday. She was at the Pare Cr:nter and again talked to the police. She could describe one of the individuals, one of the first two. He went by the name of lied. tie had lic htor :.kin. He had teeth missing. Noticeably hart of his mc)uth. All th:,­­a things were know by Thursday by the police. He came from Savannah, because they had a 2 hours dialogue the first two, as they marched her around, Overtown and the northwest quarter of aowntown Miami...... and he had 9 convictions and he was on parole. The other one, mentioned in this passing conversation, but he was from Houston. Apparently, they didn't know each other or they wouldn't be conveying this information, except the police tell me that they were..they were conveying this information one to the other to put my daughter off. And..and..and to give her false information. The second one from Houston, dark skin, carried the gun, she saw the gun, it was a black and white gun, black and silver gun. One conviction or, a. work release program and made an application to go to college and was hoping he'd be accepted. Now, I don't believe in my heart of hearts that in 2 hours of peroginations that they were putting my clauq,,ter off. I do believe that some of these characters are some dumb that they can't walk and chew gum at the same time and I do believe that they were dumb enough to take right into a bar, where they might have been identified. Now, they marched her into Overtown and they stopped and they talked to a fat, quote, 'fat, black couple.' And the man was wearing an African shirt and he had a gold necklace around his neck and it seems to me as I told the Sargent, relative to this case and I'm just a layman, my knowledge of the detective and police work is limited to the Streets of San Francisco, in the evening, one night a week. But I used my intelligence. It seems to me that an area as constricted and confined as Overtown that there may be a lot of. Black people that are fat. And I don't know how many Black teams there are, but I disagree with the Sargent, who said to me that there are at least 30 such Black couples that meet that description. I bet you that there is not more than 2. I when I asked the Sergeant who is in charge of the team, 'are you going to use your undercover agents?..are you going to make some inquiries? ... are you going to find out what couple that is?...maybe we can question them.' I don't accept the fact that they're not going to cooperate, because maybe there's something against them and they can be leaned on to use a low -class expression and may be in turn, they'll give some vital information that can help to find two, if not all 4 of these culprits. Now, besides that, we have the fact that I know as a layman and as i,,,l�vidual and someone who, really doesn't have much voice in this -' �ry obligation is simply to pay taxes that maybe it should be the 127 MAY 1 519 81 (Cont'd) Mr. Aaron..City and not me who phones the Savannah Chatham County Police Department, gives us very, very limited information and put into a computer and out comes 10 or 15 or 20 or 40 cards and against these 40 cards we have pictures that coincide with the computer print over cards and my daughter looks at those 40 pictures. Maybe we won't find them, but at least we tried there and maybe the same thing with Houston....with the information. I was able to clean from her by Friday but the police didn't have by the Thursdav after the Friday... that this incident took place. At least I want every avenue exploited, explored to the fullest so that I can live with myself and say to myself at least we tried to the very end. Now as I told Major Fonner I know people who pull off these kinds of felonies ultimately, the law of averages, the mathematical law of averages if going to get them. They'll be .caught somewhere down the line and it won't be for the offense they committed against my daughter. But it seems to me, that we have to do the following three things and that is why I am here, because I was told if I come before you gentlemen today that I am supposed to be positive, because you know I can be very negative. But I am going to be positive today and its a real strain on my constitution and my personality. But I want to tell you is 3 things. One, that when a patrol car comes and meets alleged victim of a rape that the first things they should not say to her is ...'now, listen (quote, unquote, my daughter's quote) admit if you, if this really happened 'cause if they didn't I don't want you wasting my time.' My daughter was shocked by this, this is like 20 or 25 minutes after it happened. I request, because I know that youre cadets, your trainees, your young people in the Police College are given sensitivity training, but maybe, some of your people from a prior schooling, maybe 3 years, four years ago, whenever they graduated maybe they didn't get sensitivity training and maybe they should be required to take a few hours to understand what must be going through the mind of a rape victim. who hasn't been really sexually assaulted, but been violated. Violence is the word that relates to that kind of crime. It's not a sex act for pleasure assault..since learned. So there should be some sensitivity training that's point number one. Point number two, is that the fact ..... Point number two, is the fact that I know Coral Gables has a central bus depot. I know that 163rd Shopping Center in the rear...in the rear of Burdine's has got a open-air transfer point for buses. But what does downtown Miami have when it comes to a poor little kid caught in a Catch-22 situation who has to come into this no-man's land and transfer to Coconut Grove and gets caught up in this nightmare that we're going through. Now, it seems to me if you can't afford a central bus depot, if you can't, if you tell M.T.A. is under the County's jurisdiction and I must remind you that downtown Miami is geo- graphically situated in the City of Miami, it is the central core, its part of turf, part of our territory, its our jurisdiction, and I would request that the Mayor go before the Board of County Commissioners, 'cause I am...I have learned long time ago as an individual I counted for nothing in the system. But when someone of authority goes and talks before an elected body that has decision making authority that he can get the message across and I am going to ask the Mayor today if he will go before the Board of County Commissioners and with all the strength and conviction, all conviction, and determination do what I feel I would be ineffectual in doing and that is, to tell them that M.T.A. bus system must not dump innocent people who cannot afford the luxury and the privelege of an automobile and..I'm going to qualify this, whether they're white or black, to have to go into that area and be dumped. Because that is what they are... they're dumped, waiting for a transfer. And they shouldn't have to have that fear in them and they shouldn't have to have those kinds of consequences. Now if th-ey say that they don't have the budget, let me suggest to you from my little research today, what can happen. We can take the 163rd Shopping Center area, which has an open -area with a little bit of open area shelter and we take a big black line and paint a line around it and take the DuPont Plaza parking aro.a in front of Dupont Plaza Hotel or any other area that has sodium vapor lights and has open area and has one police officer for 10 hours of the night. tL:d 1 worked out with Captain Harrison, and by the way, my wife, ex-wife, 128 S itlliiit, Used tG K' 17ti tCr !1:-Z-1:;1i11 4f1iF.'I1 1a' w.i:-: _1 say—_eI,t, in Of the FEdt:'ral prograrr. icy funds tit 11-iw enfol,:t-IPt rl1 !'!t in 1,?,u 73 and 1974 and he knows our frlily we] I.. WE• havt_ am avt rct" salary, it ran,jes around 'Y18,000 in ci]arig�: and 90'*. t oE;; for and work- men's comp, uniforms ai1LI equipment, rind wE tjet up to a.7,00 and ti:at's for a 40 hour a week, to hours a day and we det, IT -lined tt; = there is 70 such wF' nt,ed. We need 2 police officE--rs, it would appear, guardi:iq these '1 individuals, who are cUi"_;E'o to (j0 into the C10K^.1+.i.K^.S, after 8 O' It .}, „j d0 Iltit }1dvE 3 car. I don't. aC t,E F t t};e fac, that Wli1t_ what Olit'. ,f,l ii er told file w;ien he said to LlE' that I l; :':e worki-d the area arcur;d Cusman Ha]] and there has nevei t;uen anythin(; h<:.,pened, that he knows about because a 1t)t of people don't want to tell what hap1xlns to them. Their purse is lili:t_ci off, they accept it. You don't hear about these things. I won't buy tht fact that when I go to the optra or when I go to a concert on Sunday :.icyht at Gusman Ha]1 that there i;a never ,'_ :n an}'thin, that happened. Can't lt. We need sumo open air liaviiiozn, Oi lllrrl vapor I gilts, two policemen a wt. t k alid I think, for lt;ss than the 75, 01:.0, we can solve ti.is problem, :clin, I caii't buy what another officer told T,t', ao you remember years ago, he said to me, ',then in ti:F ,reyhourld Station, ,� British tourist, ! WI i.aI: was Lrutilll attacked-2 i il_:, Sty what'. Ev eryt;l]nt, 1S _ w[i:3t, I'm I;Ot tjGln.j tt? taht- '_I72 e::,''; i:t1CP.:> :c-d I'l_ :e ..,..;1 tl7t` rt .-0 w�:v wl' ,;an't II, ive a central fa_ilit.y, even if its a temperciry facility, to pro - our Citizens. because Whk:'r; L wunt to tjraduate schc!ul become 3 city ]ong time' ago before I S:7ir' ed Ui' and quit bt:intj a i'] t'r the first thin-j tht' pr"fessor t0]d me , who was the .t.ad of our school and he had been the head of a school of design and town - planning at the University of Liverpool, he said to me, after our class, he sa]u, your purpose here is the health, welfare and safety of your citizenry that yculre going to planning for' and I think th,.'_ that general aim and goal applies to every single facet of the provision of municipal service to this community, exclusive of urban planning. It applies to why this man is here, why you're up there, why we're all here and why we participate in civic affairs and try to be Positive contributing members of this community. I ask for the Mayor to tell the board of County Commissioners or whatever the appropriate jurisdiction of authority is that we want a central facility, I'm not asking for building, I'm asking for an open air facility with guards, with security guards and with loaded pistols that can do what we can't do for That's point number two. And point number 3, since I have to be positive today is this, that when I hear so many excuses from the Homicide and Sexual Assault Section of City of Miami Police Department, all these murders then I suggest that we take the Homicide and Sexual Assault Division and divide it into two and let the Assault, Sexual Assault be one thing and Homicide be another. Finally, not something that's been talked about, ad nauseun. in the past, but finally, break it into two, so they can deal with their homicides and don't have to tell the parents of rape victims that we all these murders out there and that's why we can't get to your case. I want sensitive, knowledgeable, well trained people in the Sexual Assault Section and they should have nothing to do with homicide. Now, I heard one c.ffi,::ui today talk about a general investigation unit and I think its to general. I want to see something that pertains to the violation of our women. Because if we don't hold our children sacred, if that's not why the purpose we are here to raise our children into the next generation and hold our women sacred and protect them, then what are we here for? %hat's the purpose of cur lives? We don't have one, so I've made 3 recommendations today and I hope, and I sincerely hope, that you'll jump on them and do something about them. No more talk. No more sympathy. No more condolences. I'll take care of mine. I'll see that her mind is corrected and that she gets back to school. You do your duty. You do your job and let's all be able to live Thank you. Mayor Ferre: Ralph, 13 re you go ... obviously you come _o this commission and publicly share a great burden and I'm sure speak for everybody in ad- miring your courage for what you've done and I'm sure that everybody here feels very, very sad and very touched by what you've told us here. Mr. Manager, I would like a complete investigation, I'd like to start with a complete in- vestigation on this issue as it relates, not to the incident, but how this city's police department addressed the incident. I'd like for this discussion to, I would like to have some civilian participation from your office in the discussion of this whole process. secondly, I think that if we can afford $30,000 for the Goombay Festival we can certainly afford $75,000 to make sure that there is a police officer during the evening hours, whatever transfer point there is in bus services and I think that is something we ought to sit down with immediately with John Dyer's operation and Metro and see how we are going to jointly or separately or whatever address that particular issue. Now, with regards to your third recommendation of dividing, that is _ something within the purview of the police department, I would like, however, from the Chief or from a representative of the police department, a specific answer as to why we should not divide these functions, because I, too, have a feeling that when you have these different functions that are such a serious nature put together invariably one side will end up taking preference over the other. I'm not here to judge. It is not my role at this juncture to make judgements whatever or not, one deals with life, the other deals with something which is almost as dear as life in violence of this sort and this is not a sexual assault. This is a very violent assault that really is... not only taxes the physical being, but the mental being, the spiritual being _ which is not just as important if not more so. So I really think that perhaps we ought to really give that some serious consideration. would you come back? I would like to see if this can be done...first of all, on a personal basis with Mr. Aaron and then, I would frankly not like to have Mr. Aaron involved in it any further. And you just come back in general terms to the commission ' 'A'k if we can deal with the issue in the future. We can't prevent what nappened in the past. but let's see if we can address the issue for the future in these valid recommendations that Ralph has come up with. Is there anybody in the commission that wants to add to that? Mr. Caro IIo: Yes, Mr. Mayor. I hope that our adminstration contacts the County, first thing Monday. Mayor Ferre: I think that ir� really an emergency, really an emergency issue. I think that it should be addressed immediately and I'm sorry we've had to have such a tragedy really to focus on something that frankly should have been addressed to a long time ago. Thank you, Mr. Aaron. ... All, - • . Thank you. 65. DISCUSSION I14 CONNECTION WITh: (A) L`7VESTIGATION CONDUCTED ON COMMISSIONER CAROLLO. (B) ALLEGED KNOVILEDGE, ON THE PART OF CERTAIN COMMISSIONERS, TI:AT SUCH AN INVESTIGATION WAS GOING ON. Mayor Ferre: While we'll on this .... its a totally unrelated item and I don't want it in any way misinterpreted..there was, this is police related. As you recall, Howard, before I left the for Isr ael, I asked you to give me a memorandum from the police chief answering certain questions regarding the investigation on Commissioner Carollo. In the meantime, Miami News published an editorial dated the 7th of May and it states in the headlines, 'get all the facts of the Carollo inquiry'. Now in that request, they talk about.. there is one thing in particular that I want to address myself to, whether there was a political implication and the News says, 'whether that occurred might not ever be truly proven as proven, but the City Commission and the City Administration and the police hierarchy should make every effort to find out'. Later on in that editorial it talks about the question of the ,.lice: officer who was making this investigation. It says the State „lvu:;tiyator was tipped about Carollo's background because Carollo was said " 1- +!,inking about opening a security office and so on. The implication r'. cli•ar what the State Investigator said is accurate. Police officials have :ome explaining to do and City Hall as an obligation to make sure that a complete explanation is given and police work and politics makes 'trouble be -lines between the two become blurred and when this happens is dan- �cr�ir; to the political system and to law enforcement is greater, too great. Lo be ignored. Now, I'm not pre -judging, I do think there is a question 130 - - i. 1 " v 'I Yerre: that has been iaised here. (];:�' Gf tl':E- C';a 3O2' newspapers of Utir community has concurred dial, there is a GuCsti-n that 15 still unanswered. I read the mernorandum very carefully and I would address myself to this part- icular point and I'm not going to address myself beyond this particular point. ,he memorandv-7, dated April 3( th, i;y K�.::liieth 1. Earn:-,, Chief_ of Police, but signed by Herbert Breslow states the follcwini: wi'_h regard._, to Sargent C. L. Reynolds: With the exception of one incidence in which a computer check regarding gun owiiership was made by another officer, only one individual conduct::d this background investigation. On April 2+th a ::worn statement was taken by the Cor=ander of Ir,ternal Security from Sargent C. L. Reynolds. In this statement Sargent Reynolds stated that at ric time during his conversation with the Secretary of State in his office did he Ever enter any inappropriate comments about Commissioner Carollo. We also have a sworn statement which has been }:ivcn to mc_,mbey . cf tiie comm1F.,;i0n by C(,nrad, I'm sorr;,, by Mr. Ralph Thomas Gispert, who is an eml:l(jyee of the 3f,cretary (,: State'r, office here in Miami. Or: iage 4, I would like to point out in the third paragraph under Aides it says as follows: Yes, 1 was the duty officer. I believe it. was on Tuesday. tim:: framf. I had described to you before....l received in a telephone call w-,-:, forwarded to our office in Miami. It ,af, from a City of Miami police wh':J 1-id inciicatud that InE• }bill ri_C'eivc(3 intonation from one of our investigators that t.CiCLrii ssioner Carid ie was under invcstlgatlon by our depart- mt'nt. At that point, I informed the police efficE;r ti, ,t was not th-� case that Mr. Carollo was not under investigation by this dep artmc,nt. On page 5, which . - w`i,rt I want tc put into t.t e record for your co:,sitieratio;:, the following things Were said, in the middle of the page,. it-, answering Mr. Gispert says the following (quote): He indicated, lie , the officer calling, that during the course of that investigation he had come upon certain information that he felt might be of value to our department where he in some future date could conduct a background investigation of Carc:iio. Further in that page, under another answer, when he was asked, Mr. Gispert was asked: Did he categorize this information or describe in any way. Answer: He indicated _ to me that this information was of a derogatory nature, that it was informa- tion received by two former employees of Mr. Carollo, primarily the _- Wackenhut corporation and the public service department. Later in the page he says: Answer: He, this is Reynolds, the police officer indicated to me that this information was of such a significant nature and would pro- _— b-ably be a contributing factor in any decision that he might reach in any future licensing investigation that we might perform on Mr. Carollo. Question: _ Did lie give you any indication, I will use the word, flavor that he will apply to that information? Answer: Gispert's answer: He said that it would definitely reflect poorly on Mr. Carollo in turns of the job performance during the period of time he had employed by Wackenhut, that he was employed by Wackenhut and the Public State Department. Now, Mr. Manager, assuming that information signed by Chief Breslow in the name of Chief Harms that was only one investigator in this whole thing, that is, Reynolds and under the basis that Reynold's under sworn testimony said: that at no time in his conversation....let me read again so I have it properly....in this statement Mr.Sergeant Reynolds stated that at no time during his conversation with the Secretary of State's Office did he utter any inappropriate comment about Commissioner Carollo and we have another sworn statement now by the individual who received that call, who says absolutely the opposite. Now it iL apparent that since there was only one investigator and we have a conflict of testimony, that one of these two individuals is lying. Now, I would like to charge you, Mr. City Manager, with getting to the bottom of this and asking Mr. Gispert to come in and perhaps discussing this with Sargent Reynolds so we can get to the bottom of this issue, because obviously somebody is not telling the truth. I am, of course, not pre -judging or any of this, but I would like for you to come back on the 28th and please answer, and if anybody wants to this, that's fine with me. At this point, I only have one question aria tnat is the testimonygiven b Sargent Reynolds and the testimony = 9 Y g Y y given 131 MAY 151981 Mayor Ferre: and the testimony given by Mr. Gispert in these two memorandums that are public information. And I concur with these statements made in the editorial of the Miami News. Mr.Lacasa: Mr. Mayor. In the Miami Herald yesterday there comes an article on this issue, which Commission Carollo accused me directly of have, in what- ever the way, instigated or promote or have anything to do with this investi- gation, which he claims has been conducted on him. He, also, mentioned Commissioner Plummer in that article. In talking for myself I would like the Chief of Police to act to whatever report you're asking. A sworn statement as -to whether or not I, Commissioner Armando Lacasa, at anytime, in any way, have instigated, promoted, suggested, discussed, the possibility of an investigation, activity of any kind, inquiry on Commissioner Joe Carollo. To him or to any member of the department or the staff of the city of Miami, I would certainly like to have that by the 28th and at this point, I have nothing to say. I only shall wait for Chief Harms statement. Mr. Plummer: Mr- Mayor, I don't put an awful alot of credence in newspaper articles and especially, articles that which state that information came from "reliable sources." I just, really, have a problem with that, that people who are reliable sources have a problem with coming before this Commission or out in the open and testifying that supposively these alleged, oh excuse me, reliable sources have given an indication that I was directly at fault in some way in the perpetration of this, call it what you may, investi- gation, background check or whatever the circumstances you wish to call in relation to Commission Carollo. I, likewise Mr. Gary, would request that Chief reduce to writing in a sworn statement, the same as Mr. Carollo in- dicating whether I had any direct or indirect responsibility or whatever you wish to call it, in this so-called background check. I, likewise Mr. Gary, challenge you to produce these "reliable sources", becaase I would like the opportunity and the privelege to face these individuals and say to them that they are damn liar, but I don't know who to say that to, because I don't know Mr. Reliable Source, And I would hope that these individuals would have the cuts to stand up and say to my face that I had something to do with this in- vestigation, because if I did, I'd tell you something and I'd tell you so very-juickly, but I don't think that these people who take the anonymous route of wanting to run around spreading rumors, and that is what they are, rumors, will stand before this podium and I invite them to tell me what my larticipatio:, was, because I would like the opportunity to tell them just what I thick of them. I should have that opportunity. I'm saying to you that I did not participate. I did not promote in any way, shape or form and I would hope that I have the opportunity to refute that which was quoted in the paper. Let me just follow up by telling you that there was an article, the article went on to say that I knew nothing about the investigation, that's what the article said. That's a damn lie, I never made that quote. What I did say when asked by a reporter, which that wasn't in the paper, did I know of rumors that certain individuals of this commission and the administration who supposedly playing dirty politics, did I know that was going on and I said 'no', I didn't know anything about it.' Yet in the paper of the article of the paper, I'm quoted to say that I don't know anything about the investi- gation. So that shows you how far off an article in the paper can be and I would hope those other quotes which I read about J. L. Plummer were just as off as that particular quote, so I welcome, Mr. that you bring forth these sworn statements. - Mr. Lacasa: Mr. Mavor. 132 v • ;.1 I _ J iJI 4 4 Mr.Plurner: Mr. Mayor, the article yesterday morning said that reliable sources. The reliable sources claimed that either, I don't know if it addressing to Lacasa, to me, or to both, that I was involved in the investi- gation. Mr.l.acasa: No, no....it was my understanding... let me clarify this... Mayor Ferre: Was that a quote? Was that a quote? I'm just asking a question. Was that a quote or something from somebody's mouth or was that the newspaper writer's statement? Mr.Lacasa: That was a quote of Commissioner Carollo according to the Miami Herald. According to the Miami Herald, Commissioner Carollo said that r. r-_?irible sources he has learned that I, had been behind, that investi- t .,::.. C'c,-umission Plummer knew about it. That is my understanding. u:77-wr: Well, I didn't understand it that way. Okay. That's not my... ckay, whatever it is. It was... I understand that, but here again `,cte t},u_e reliable sources will come forth. Okay? Mr.Carollo: Mr. Mayor, I 'd like to make this statement for now, I'm not going to go into it at this point and time and it was not my intention to go into this at this commission meeting. There were a lot of statements made in that article and I, for one, was not aware that this article was coming up. I don't think anybody else in this commission was. There were quite a few statements made in that article, some that were made by me and some, that were not necessarily made by me in those fashions as were made there. I will say this, though, I have receiled some allegations and I have stated this y ublrcly, whether they are true or not, I don't know. I've stated that I'm riot accusing anyone, all I want to do is get to the bottom of this and find out why certain things happened and should have not happened. Mr. Lacasa: I believe, Mr. Mayor, in order to expedite and get the truth out there and save the administration alot of unnecessary work, since Commissioner Carollo has just acknowledged and has stated in this Miami Herald, Thursday, May 14, 1981 edition, that this information has come to him from reliable sources, it would be incumbent for him to sav who those reliable sources, so we can have it out there in the clear instead of the innuendos and allegations and half truths that actually comes from these kind of statements. So, if he believes that those sources are reliable and he is the one qualifying the sources as reliable, then reliability means the forthrightness to come here and say it out there. And Commissioner Carollo from the very first day that he came to this City Commission has made pretty clear that he says it like it is, so if that is the situation, let's tell it like it is. Mr.Carollo: I certainly do tell it like it is, Commissioner Lacasa. Whether it's right or wrong,I certainly do tell it like it is and since one individual.. Mr. Lacasa, as you've very well known and you've cried many times when articles have appeared that you've stated have not quoted you exactly as you've said. Mr. Plummer has stated here that he was misquoted. I don't think if you take every word that was put in there as attributed to me. Mr.I.acasa: You said just now that it came from reliable sources. Mr.Carollo: Mr- Lacasa, could you let me finish speaking, please. I'm looking at one individual that made a statement to me, right here, sometime back. This individual could come up and denied it, that we find ... or he'd could come up and say the truth and repeat in front of this commission what was told to me some weeks back. I have no way to force this individual to state to me 133 MAY 151981 (Cont'd) Mr.Carollo: state here what he told me back then nor do I have the fore- sight to know why this individual told this to me. What I did try to do was I tried to end this as quickly as possible and clear the air as quickly and efficiently as possible, by asking the Police Chief to take a polygraph test, something which should not be out of the ordinary. Every new recruit has to take one before they're hired otherwise they'll not be hired. Poly- graph tests is used extensively in police work and our own police officers and citizen investigation, so that would lead me to believe that our Police Chief is a believer in the polygraph. So I would ask that to happen. The word I got back was that our Police Chief refused to take a polygraph test. I cannot make him take one. Nobody can make him take one. So, unfortunately, this -won't be cleared out as quickly or as efficiently as they shoud be. Don. Don Teems ... can you come up here? I'm looking right at you, eye -to -eye, Don. And you could either deny that you made any statements to me or you could admit, its up to you. Did you make any statements to me concerning this investigation? Mr. Teems: Yes, I have. I talked to you about it several times when you talked about it. You asked me if I knew anything about an investigation. You told me about your .... what you thought was happening to you about the licensing. I talked to Chief Harms about it, because he was upset about what position you were taking. Did I say that Mr. Lacasa or Mr. Plummer was in- volved with..... Mr. Carollo: I would go right to the point....I would go right to the point. Did you make any statements? Tell me.....that a member of the commission stated to you that another of the commission or the police department was be- hind this or not? Mr. Teems: No sir. No sir. Mr. Carollo: Okay, define that. Mr. Teems: Well, you put me in an awkward position. Mr. Carollo: Don, I don't want to do this, but I recall and I'm willing to take a polygraph test on that, that there were some statements made to me. I'm sorry that you've been put in this position, but I can't force you to tell publicly here what I recall perfectly what was stated to me, in my office some weeks back. But its all Don. I understand. I just think..... Mr. Teems: No. No, wait a minute ... hold it. It's not over. First of all, I've got a statement to make, okay. I did not, at any r-iLim, ever, go to Mr. Carollo and elicit any kind of information to him in regards to any kind of investigation from him, about him. I found out about an investi- gation that he thought was going on against him from Mr. Carollo. You asked me if I knew anything about it. No, I didn't know anything about it. I, also, when you asked me again, how does it work over there and my understanding was for the police department was that if anybody from IS and there's some other kind of special unit over there that I'm not even sure what the name of it is, does any kind of a investigation it done on the direct orders of the Police Chief, that I did tell you. And that is my understanding of the procedure when you did ask me about it. Mr. Carollo: Don, I'm not going to put you in the hot chair any longer. I think that we both knew when I've been looking at you for the last half hour, what your answer was going to be, but I have to do what I know I had to do, Ano I certainly recall some words and some statements that were made to me :,, , .,.._.., _�, -;:t I certainly understand your position now and like I said, Don, I'm more than happy to take a polygraph test on this and some other areas cwicc-z ring this investigation. 134 MAY 1 51981 Mr. Teems: You know, Mr. Carollo, you can take anything you want. I'm going to tell.... Mr. Carollo: I'm not saying this for you, Don, I'm saying this for the re- cord. Mr. Teem: Well, I am. Okay. Its my credibility on the line that I'm not a reliable witness or a reliable sources, at all. Mr. Carollo: The Miami Herald said that, Don. Not.... Mr. Teem: Okay, all right. I did have some discussions with Mr. Carollo about the investigation. He asked me about who could possbily be involved. He asked me about a Major Barret.... Barad? Mr. Carollo: No, I did not, Don. You were the one who mentioned that name to me. Mr. Teem: No .... okay. He asked me about a Major Barad, bout the IS, how does it work. I checked on how it works to the best of my ability. I just asked a policeman, how does it work? lie said it's got to come from the Police Chief. Can't come from Major Barad. Mr. Lacasa: Don, as far as I'm concerned, I'm being by now familiar with the participants of this show, you can believe that you have my credibility. Mr.Carollo: Mr. Commissioner, I can assure you that there is no show and if anyone takes the interest that should be taken in this, I think that you're going to find out the show was placed somewhere else and not here, sir. Mayor Ferre: I'd like to reiterate, because we got off on a tangent, Mr. Manager. But I want to tell you....I want to tell you that I still want to know how the contradiction comes between two sworn statements of one, a law enforcement officer and another one, an employee of the State of Florida. And I would like for you to pursue this and return to this commission with a very specific answer. Now, I want to tell you that I would like, and it has to be voluntary, on the state officer's part, Mr. Gispert. If necessary I want Mr. Gispert and Sargent Reynolds here at this commission, to face this commission, face- to-face, and tell us why these statements are contradictory. Mr. Plummer: Mr. Mayor, are you responding to that? I just ... Mr. Mayor, I would like to just make a statement. I understand Commissioner Carollo's concern and I would be just as concerned as he is, if in fact my name and my integrity and my honesty, had been questioned or were at stake. But, Mr. Mayor, and my fellow Commissioners, all I plead with you, is let's bring this thing to a conclusion. NOw, its fine for the press to have something to write about, but I feel, Mr. Gary, whatever it takesithis matter has got to brought to a conclusion, so this commission can get back and spend most of its time devoted to that City business. Carollo demands and is entitled to answers. But I'm saying to you that, I hope, that youlor whoeverlwill get with Mr. Carollo between now and the 28th, let's get this matter out in the open, let's get it done, let's get it over with, and let's proceed back to the business of the City. Because • I want to tell you something that too much of our time is allowing this thing to linger and the longer it lingers the more it multiplies and the rumors fly and more people are becoming involved and it is just tearing this city apart and we can't stand it. Now, whatever it takes, you go to Mr. Carollo. Mr. Carollo comes to you and get every quccticn that wants to be answered. Get the people involved. Mayor wants Sargent Reynolds and the person from the Secretary... ask them to appear. But let's bring it to a conclusion and let's get it over with and let's get back to the business of the city. 135 Q Mayor Ferre: J.L., I completely concur with everything you said. I just want to expand one thing. I'm not concerned with Mr. Carollo. I'm sorry. He can take care of himself, that his problem and he seems to be able to do that pretty good. I'm concerned with the City of Miami and the police department and c.ne....alI of this. .V ve asked a lot of questions ...... I've got one question. Theie is a direct contradiction, between the sworn statement of 2 individuals and one of them happens to be the City of Miami police. I want to get down to the bottom of this. People don't make sworn statements and lie and I'm sure, Mr. Gispert and Sargent Reynolds, both understand what that means. That's what I'm it, getting down to the bottom of. K . Pluru-,er: ;'r. `7al_,r, I'm sorry I have to disagree with you. I am concerned with C0MMi.513i0l',QT7 Carollo. lie is a member of this commssion and the statement is true, but for the sake .... what is it...for the sake of God there goes i. I could be in that position. M l J.L., that is exactly the point. This goes way beyond Carollo. Carollo is on this commission and has the power to defend himself, whhat if scm thin.rr like this happens to an individual that doesn't have the ability to articulate an(I defend himself the way this man has done. That's the point and I think that's what we've got to get down to. fine. Let's just bring it to a head on the 26th and let's ...,.._. �)vcr with. Mai•,. L..,, , ,, : '�}:a+: . ".r. C'az a: io: _:,, m< rc: thing, M.r. Mayor, if I may. one of the things that Nlr. n�Dt read from that article, which is certainly attributed to me, tins, 7 C:IiC: it clearl: in the article, that I wasn't making any accusations that thCB" very some cnri-cct quotes that could be attributed to me. I, however, want tc, tr, "h( l)rntl o— t}.'i : Like the Mayor said, I'm a big boy, I car. take care :f 'T:},f:oI`. ThT2 reason; I want to get to the bottom of this, is that titre i': a 1r"t of pc.r souls out there+who don't have the know-how, the ability, dc:n't h e ti;(: people to help them out of something like this. And I dc:' ""E— typo cf ,ustice to happen to any citizen out there or any citizen Oil Poii(-e De;)artment itself, or insirae toe city government itself. ,':ayor Forre : All right, now... Mr. Lacasa. Mr. Mayor, Mr. Mayor, I do believe that this is very good time to come to the bottom of this, because for several months the City Commission, I f_,r and many others, has been accused publicly, on the record and in the press, 1,y Co rmissioner Carollo. Mr. Carollo: Commissioner. Lacasa... Mr. Lacasa: I'll let you finish —I'll let you finish. Directly and indirectly, n.;ver were complete facts, always with allegations such as the one that is in r•_ic1F here. Well, being so concerned about those poor souls, I quote, unquote, out there, I believe that he, also, has to be concerned about the reputation ar,d integrity of the other members of the city commission and other r,:errle-rs of the staff of the City of Miami. So, if he in good faith, in g:>cd faith, believes, because he has such reliable information and he is tho ­i,tr v:h-) oualifies the information as reliable as he did. Not only this article, but 1, will call on the record, that he did likewise about 10 minutes ago ri,ii,t on the record on that microphone... that this thing has happened. I �•:: :ti,ation to come to a conclusion and I do hope.... and I do a : i t is true that his so called reliable information was at fault i i + ))iF judgement was wrong, that he would publicly apologize to havt• been victimized by those allegations in the same way that he did inake thelTi. 136 MAY 1 51981 Mr. Carollo: Mr. Lacasa, I challenge you to bring forth any written material, any verbal taping where I have directed any straight accusation at you. No, I am not, Sir. At the same time, yes .... I've stated, I'm not going to lie about it that I received some allegations. And at the same time, sir, like yourself, like you've stated here, what I want to get to the full bottom of this and put to it rest. And that, sir, is what I've been trying to accomplish. THe Mayor, took it upon himself to bring it up here, that's his right and privelege. He stated that I'm a big boy and I am and I can take good care of myself and that's it, sir. Mayor Ferre: Does anyone want to add to this now? Mr-. I,_acasa: I have nothing else to say. Now, I do hope that on the 28th the whole thing will be clarified and Mr. Carollo, if he is convinced that he has not been able to show,?roof that those allegations were true as was stated by the means of the media here....when it says: Carollo has publicly linked Lacasa to the initiation of the probe...He says Harms, Harms' friend, Plummer, knew about it and might have used his influence, Plummer's influence, to promote the investigation. I'm not making accusations, said Carollo, this is information that has come to me from reliable sources, quote, unquote. He declined to name the sources, so, in good faith, Mr. Carollo, got that re- liable information and that is proven to be wrong, I do expect a full apology and I think I would be entitled to it. .i Mr. Carollo: Mr. Lacasa, let me tell you something. Before you get any kind of an apology from me on statements that you are making here, and statements that were made in the Herald, or you trying to say where made, the article is very clear in one point in a statement that I made. I presented some allegations that were given to me, but I'm not making any accusations. There will have to be a lot of other things cleared out in many other areas. But I will say this for the record, Mr. Lacasa, since you want_ co believe all of a sudden every single word the Herald writ es, as accurate, gee then you might be right. You might be right. I'm going to believe every word that the Herald has written about Commissioner Lacasa. ']fiat's all that I have to say for now. Mr. Lacasa: Mr. Carollo, I couldn't give ... well, I couldn't care less about »fiat you might believe or might not believe. All I'm saying is that I do expect a full apology from you if on the 28th you cannot produce those reliable- sources... Mr. CaT'011n: Mr. Lacasa, you listen to me for a minute, Mr. Lacasa. Mr. Lacasa: Those reliable sources that you... Mr. Car.11u: If ycu want to talk about apologies, there's quite a few things that... Mr. Lacasa: ...are quoted as saying in the Miami Herald... Mr. Carollo: ...there's quite a few things that I can bring up, sir... Mayc.: r,rr<: Al_' right, gentlemen, I think this is... Mr. Lacasa: I am speaking, and I have let Mr. Carollo, always, Mr. Mayor when he speaks I sat silently here... Mayor Ferre: I understand but this ... All right, make your statment... Mr. Lacasa: ...I request that the same privilege that is being accorded to Commissioner Carallo be accorded to me. Mayor Ferre: I have always let you speak and say anything you want. You're entitled to that but I think we're getting outside of the purview of City business and... Mr. cArollo: Afraid you're right, Mr. Mayor. Mayor Ferre: ...and I think you should finish your statement, Carollo should finsish your statement and not continue answering each other. So, please, both of you conclude your statements. Mr. Lacasa: My statement is concluded with the fact that I do expect by the 28th we have full clarification of this, and I do expect that Commissioner Carollo, if he cannot prove what he alleged, make a full apology to the members of the Commission that he has involved in this affair. 138 MAY 1 519 81 4 6 Mr. Carollo: Mr. Lacasa, I don't have to make any apologies of speaking the truth of information that came to me, sir. Especially... Mr. Lacasa: That is very much in your character, air. Mr. Carollo: ...no, sir. Now, when the time comes, Mr. Lacasa, and this is not the forum for this, this Commission is not the forum for this, we'll get into many other areas and then we'll see, you know, who has to apologize to who, sir. Mayor Ferre: All right. I think it might be time to take a little bit _o£ a break anyway because we've been here since early in the morning. And we haven't had any dinner or anything. I understand you have something here. So can we take a little bit of a break and come back? Mr. Carollo: How much do we have left? Mayor Ferre: I'm ready to sit down andgo through "A" through "E" right now, if it's the will of this Commission. Mr. Plummer: You have some non-scheduled. You have about 4 of them. Mayor Ferre: One of the members of the Commission has requested a break and I think he's entitled to it. And we all are. So, we're going to take a break. How long? Mr. Plummer: 15 minutes. Mayor Ferre: All right, it is now 8:15. We'll reconvene at 8:35 okay? THEREUPON, THE CITY COMMISSION WENT INTO A BRIEF RECESS at 8:15 P.M., reconvening at 8:43 P.M., with all members of the Commission found to be present except for Commissioner Carollo and Vice -Mayor (Rev.) Gibson. 66. DISCUSSION OF PROPOSED BICYCLE LANES ALONG TIGERTAIL AVENTIE Mayor Ferre: Discussion of Tigertail Avenue bicycle lanes. Plummer, that's yours. Mr. Plummer: No, it's not mine. Mayor Ferre: All right. This is to be constructed along Tigertail Avenue. Didn't we go through all of this? Didn't Jack Luft come here and didn't... Mr. Gary: Yeah. We went through it. The City Commission recommended 61CAL we have some means transporting the increased number of bicycle users. Now, what happened was that we discussed it, we had a gentlemen, if I recall, who always come here every year and wants to have a disco party. It was in objection and I don't know what happened to it after that point. Mr. Plummer: Well, I think in all honesty, you know, this has a $50,000 price tag on it. Now... Mr nary: Go. 139 P�hY1��'::�i 46 4 I Mr. Plummer: What? Mr. Gary: GO bonds. General Obligation bonds. Mr. Plummer: I'm not worried about the bonds, Howard. What I'm worried about is the fact that one block over on South Bayshore Drive, you already have a bicycle path. You've already got a bicycle path which is just the other day that...on South Bayshore Drive which is part of the continuous network. And I just really, seriously have to question spending an additional $50,000 for a bicycle path one block over. I'd rather take the $50,000 and use it in repair of the one we presently have, which is in need of repair. Right over there, Maurice, Steve Clark and all of us the other day, went over there which tied the network from what? From Vizcaya all the way up to Little River. Mayor Ferre: J. L., I'll tell you, this bicycle path, the Sigendorf bicycle path, other than the portion that goes into this part is a disgrace. Mr. Plummer: That's why I'm saying take the $50,000 and fix it up rather than putting the second one. Mr. Grimm: Let me comment on one other negative aspect. If you widen Tigertail through Coconut Grove and you'll have everybody and his brother up in arms again. Mayor Ferre: That's right. Hey, let's just forget about it. Anybody else want to say anything else about Tigertail widening? Mr. Plummer: Well, Mr. Mayor, I'll make a motion that we send it to Mr. Grimm for further study. Mayor Ferre: I'll tell you, I know that Jack Luft gets emotional about this, but Jack Luft really, ie a bicycle buff and he really knows his busincs:. He know what all those bicycle... Mr. Plummer: And he lives on Tigertail. Mayor Ferre: Does he live on Tigertail? Mr. Grimm: Yes, sir. Mayor Ferre: Okay. Anything else on item "B"? 67. APPROVE PROPOSED STREET LIGHT CONVERSION FROM MERCURY VAPOR TO HIGH PRESSURE SODIUM VAPOR LIGHTS (N.E. 17 TO N.E. 24; N.E. 2 AVE. TO BISCAYNE BAY) Mayor Ferre: Item "C", stree light conversion. This is the mercury vapor, high pressure sodium vapor lights. From mercury to sodium. Mr. Carollo: What number are we on again? Mayor Ferre: Item "C". Mr. Gary: This item primarily deals with the conversion of ... I'll let Mr. Cather explain it to you. (MR. CATHER'S RESPONSE NOT PLACED ON THE PUBLIC RECORD) Mayor Ferre: We're going from mercury to the high intensity, right? Mr. Cather: Yes, the reason I brought this up before the Commission... Mayor Ferre: Well what's the argument? 140 MAY 151981 Mr. („ft; ,ik, argument was in the past you have said that you didn't want any more high pressure sodium vapor lights installed. You wanted mercury vapor... Mayor Ferre: Because of the price? Mr. Cattier: There is a hich crime F,lrmpnt witp Sn,1it.m_k7annr Power and Light is saying we're not going to offer mercury vapor any more because it's not as efficient for power. We're only going to offer high pressure sodium vapor. Mayor Ferre: Does that give us much light? 'Mr. Cather: It gives you more light. We're going to operate 7000 Lumen Mercury fixtures at 16,000 lumen........ Mayor Ferre: Well who is against it? `1r. gather: No one is against it except the Commission is on record of not wanting any more conversion from mercury to sodium. X.iyor Ferre: 1 see. Okay. Do you have any problem with this? Do you need a motion from the Commission? All right, Carollo moves. Plummer do you second? Mr. Piur.:;,;er: Yes. _a.;or Ferre: Further discussion? That we proceed as outlined before us on item "C" from N.E. 17th to N.E. 24th Street, and N.E. 2nd Avenue to Biscayne Bay. Call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption: 11 MOTION NO. 81-441 A MOTION OF THE CITY COMMISSION GRANTING THE ADMINISTRATION's R17QUEST FOR APPROVAL OF STREET LIGHT CONVERSION IN THE AREA BOUNDED BY N.E. 17TH TO N.E. 24TH STREETS AND N.E. 2ND AVENUE TO BISCAYNE BAY, FROM MERCURY VAPOR TO HIGH PRESSURE SODIUM VAPOR LIGHTS Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Armando Lacass Vice -Mayor (Rev.) Theodore R. Gibson 68. MODIFY HIRING FREEZE TO PERMIT HIRING OF CERTAIN POSITIONS AS FOLLOWS: 1) DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE - 10 POSITIONS; 2) DEPARTMENT OF STADIUMS AND MARINAS - 2 POSITIONS Mayor Ferre: Now, Howard, on your hiring freeze, address your answers r to J. L. Plummer. Mr. Plummer: Well, I can simplfy it for you. Mr. Mayor, I am prepared -to vote favorably on 10 positions in Public Works ... In —the request was for 33. There are 2 in Jennings that I have agreed to go with. Mr. Mayor, let me furnish...I move, Mr. Mayor, that the 10 positions in Building and Vehicle Maintenance as outlined by Mr. Cox, and that 2 in Yachts and Docks be approved. Here they are. For Cox, one account clerk, two heavy equipment servicemen, one auto body painter, one lineman, one painter, two automobile servicemen, two automobile parts specialists, and one supervisor for fueling facilities. And the two that are outlined for... Mr. Carollo: Are there any more that are needed... mr. Well they had requested 33, Joe, and I got it down to 10 that I'm willing to go with. Mayor Ferre: Is there a second to that? Mr. Plummr:r: And the two in Yachts and Docks. Because of the increased case load that they're carrying. Mr. Carollo: I'll go with those 10. How bad are the other ones that are needed? Mr.. Plummer: 'lhe other 27 Joe, it's because of the transition. Mayor Ferre: Wait a minute. Let's do it one at a time because you may liave r,•oblems. Your motion is for the ten of Building and Vehicle Maintenance. Do you second that? Mr. Carollo: Second the motion. "iayur }Ferre: Call the roll. 'Pie following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 81-442 A MOTION OF THE CITY COMMISSION AUTHORIZING AND DIRECTING THE CITY MANAGER TO MODIFY THE EXISTING HIRING FREEZE TO PERMIT THE HIRING OF THE FOLLOWING POSITIONS, AS REQUESTED BY THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE: 1 Account Clerk 2 Heavy Equipment Servicemen 1 Auto/bodyman Painter 1 Lineman 1 Painter 2 Automotive Servicemen 1 Auto Parts Specialist II 1 Fueling Facility Supervisor 10 TOTAL Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote: 142 MAY 1 51981 W E 0 AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: Vice -Mayor (Rev.) Theodore R. Gibson Mayor Ferre: All right, now with regard to... Mr. Plummer: I make a motion that we ... Mr. Mayor, due to the transition of going over from the public sector over to the pt;v3te sector, the ci-;e load over there has increased, and it will so more now with Miamarina being turned over, and I move that the two positions of Typist Clerk be approved for Yachts and Docks. Mayor Ferre: Is there a second on that? Further discussion? Its been moved and seconded. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 81-443 A MOTION OF THE CITY COMMISSION AUTHORIZING THE CITY MANAGER TO MODIFY THE EXISTING HIRING FREEZE TO PERMIT THE HIRING OF THE FOLLOWING POSITIONS, AS REQUESTED BY THE DEPARTMENT OF STADIUMS b MARINAS, DIVISION OF STADIUMS: 2 Typist Clerk II's , Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Commissioner Joe Carollo Mayor Maurice A. Ferre NOES: None ABSENT: Vice -Mayor (Rev.) Theodore R. Gibson 69. DISCUSSION OF FEC PROPERTY DISPOSITION Mayor Ferre: FEC property disposition. Mr. Gary. Mr. Knox: Mr. Percy from the City Attorney's Office can give you a brief update on the question of the FEC. Mayor Ferre: Mr. Percy, the Chair recognizes you. Mr. Percy: This Commission might be aware, on March 31st, the Circuit Court jury came back with a 23,350 verdict on that property. And this was formalized into a judgment on April 24th. This judgment provided among other things, that the interest rate on the 23.5 would be ten percent as of April 2. It required the City within 20 days of that order to deposit in the register of the court, the difference between the 143 In Mr. Percy (continued): original amount deposited and the 23.350. The City has since filed a motion for a new trial which would total the time in which it had to reply. The court has denied that moticm, and presently the appeal period has started to run. The City has 30 days after- the final judgment has been validated in which to file an appeal. The Attorney's special counsel has prepared a notice of appeal and it awaiting the appropriate time to make that filing. Mr. Plummer: 15 there anything you need from this Commission? Mr. Per:,-r: Nof tit this juncture. Mr. PI,.:rrrz�'r: `t1;t r than money? Mr. Knr... No, . '"nynr, may I bring up... can I bring up that thing I brot,y;l,t thin morning,' You have an ordinance thats been given to you n to the problem that I brought to you about the Pound... mayor Fc ; -c. Writ a minute. What did we do on the FEC property? we got our report. Pon'` we have to take action on it? no action. I asked that. There is none. Mayor lcrre: :.et me tell you something, you know. Once the courts decide something the ^.ctrr i rimning against us. Mr. i�lorrm;er- Well, already said he's filed the appeal. Mr. n couple of post trial motions that are pending now. are disposed of, the appeal period files. It's my "( ni.-si.on policy, automatically appeals the... Mayor ccrr(t: T anderatand, but I think it's time for us to settle this darn tt,ing now. You know, I know that this appeal thing, as I said before, was goi.np, so r_hat all these things could be done about this mistrail, I mean the 41) questions Bill Frates said that were wrong in the trial, and 0ifi But Frates himself has recommended that ... Frates has reconau -•re settle this thing and get on with it. Now, Mr. Manager, this is not that simple. Let's get right to the heart of this. Mr. Frates' letter says, "thank you for your letter to Brigham. We are enclosing a copy of Judge Hoover's order." And as I remember, this item, there was a question regarding who the interest belongs to. Now, has that been settled yet? Mr. Percy: ThL court has determined that the FEC is entitled to a 10% on the 5?3,300,000. Mayor Ferre: No, that's not the question, sir. Mayor Ferre: Originally, we put down $14,500,000. 'l;at's correct. NcAs ,, i v. t re • "'}iat had built up to close to $19,000,000. The FEC went in que-otion at, to who owned that interest. Mr. Percy: The court determined that the City owned the interest up to the $19,000,000. Mayor Ferre: All right. Now, I think it's time for us to settle this It is time for the City of Miami to go in and settle this thing, 144 MAY 151981 NNW Mayor Ferre (continued): purchase the property, anti move along. Now, I don't...I think we're getting ourselves at a point where beyond the judgment that the point is that the interest is now running against us. Mr. Percy: Mr. Mayor, the interest ... the court has put a cap on the interest can receive at 10%. And currently, the interest is between 13 and 19%, the City picking up the difference. They're contesting that. Mayor Ferre: But ... what I'm telling you is the amount that the City is going to have to pay is now increasing every day by the percentage point against the total. Is that correct? Mr. Percy: Yes up to 10%. Mayor Ferre: And sir, it is time for us to settle this thing. Now, we have gone through court, the proceedings are over, as far as I'm concerned, right or wrong, we're there. We are com.^:itted to this. We are not backing off. Let's buy the property, let's give the FEC the money, and let's get this thing over with. I mean, what in the world are we stalling this thing for now? Mr. Gary: Well, Mr. Mayor, there is one outstanding issue. Maybe it's in our benefit, and it's not settled yet, and that's the issue of where do we get the additional funds from? I met with the fiscal advisors, and I am totally opposed to tax anticipation notes. We have them working on a system ... we have them working on a system, or assisting us in developing a system to obtain sufficient funds to meet the demand for the FEC, the courts for the FEC property. Hopefully, by the end of next week we will have something before the City Commission with regard to that plan. Mayor Ferre: Mr. Gary, ldt me put it this in perspective. What did we win? 'When did this thing get finalized in the court? Mr. Percy: April 24th. Mayor Ferre: All right. Today is...we're now in May. Right? When did the meter start ticking against the City of Miami? Mr. Percy: As of April 2. The judgment was retroactive to April 2. Mayor Ferre: April 2. We're now beyond... its been a month. What is the interest payment that we have to make every day now on that? The judgment was what? 23, $22,000,000? Mr. Percy: $23,350,000. Mayor Ferre: 23.3. Okay. Now, how much are we paying in interest on that? Mr. Percy: $6,900 a day. Mayor Ferre: How much? Mr. Percy: $6,900. Mayor Ferre: 6,900. Every day that goes by it's costing the tax payers ,.: thIs City $6,900. Is that correct? Mr. Cary: May I have Mr. Carlos Garcia explain how this process... Mr. Garcia: Mr. Mayor, the City has to pay 10% on $23.3 million dollars. On the other hand, we're making 16.5 on $20,000,000. So, it is to our advantage to keep the monies invested. Mayor Ferre: Thank you for the correction. I am satisfied that we're not into a problem. I was afraid that we were into a problem, but I ow eatiafied that we're not. So time is not running against us. 145-�t Ar Mr. Gary. Ri.Vhr. Exactly. Mayor Ferre: Thank you, sir. Mr. Gary: But 1 must caution you. The only time it's running against is is that when we settle, we've got to produce $23,350,000. Mayor Ferre: 01' which you now have $19,000,000 in the bank. Is that correct? Mr. Gary: P.!�our. S20,000,000. So we need $3,350,000. Mayor Terre: I understand. All right, we'll wait for your recommendation on that. ORDINANCE FIRST AND SECOND READING: 70. AMEND St -(]'TON 35-33 OF CODE - DAILY CHANGES FOR STORAGE AT CT TY A17TO N(!L 4ll OF STOLEN VEHICLES :,,r. il.umme r: Mr. Mayor, can I bring this thing up and get it out of the way? You all. have in front of you this ordinance relating to the Auto Pound which changes and makes it an equitable and fair situation. And I'd like to move an ordinance amending Section 35 -33 of the Code of the City of Miami, Florida, 1980, as amended, by providing that the daily charges for storage at the City Auto Pound of a stolen vehicle not commence ,intll either a) 24 hours after the owner of said vehicle is personnally notified that the vehicle is impounded, and the location of Its impnundment, or b) 7 days after notice of such impoundment and location has bcc i t;cro- ; e, -kilnr mail, certified mail return receipt requested, to the a6dre:3s of rho owner reflected on the registration of Title Records of the st,ite agency having custody of such records. Whichever occurs earlier, �outa:.ning a repealer provision and a severability clause, aT;,: di_si)-ising with reading of same on two separate days by a four -fit ti;;; ~tf• of this Commission. I move it, Mr. Mayor. Mayor Ferrc : Thc-rc s a motion. Is there a second? Mr. Lacas a; I second. Kavoi. ?'t,rrf-: Further discussion? Call the roll, please. AN ORD1NAN('F AN ORDLNANCE AMENDING SECTION 35-33 OF THE CODE OF THE CITY OF MIAMI, FLORIDA (1980), AS AMENDED, BY PROVIDING TILkT THE DAILY CHARGES FOR STORAGE AT THE CITY AUTO POUND OF A STOLEN VEHICLE NOT COMMENCE UNTIL EITHER: (a) 24 HOURS AFTER THE OWNER OF SAID VEHICLE HAS BEEN PERSONALLY NOTIFIED THAT THE VEHICLE IS IMPOUNDED AND THE LOCATION OF ITS IMPOUNDMENT; OR (b) 7 DAYS AFTER NOTICE OF SUCH 1IMPOUNDMENT AND LOCATION HAS BEEN SENT VIA REGULAR MAIL AND VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO THE ADDRESS OF THE OWNER AS REFLECTED ON THE REGISTRATION OR TITLE RECORDS OF THE STATE AGENCY HAVING CUSTODY OF SUCH RECORDS, WHICHEVER OCCURS EARLIER; 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 146 (CONTINUED ON NEXT PAGE) MAY 151981 0 0 Way introduced by Commissioner Plucm:ier and seconded by Commissioner Lacasa, for adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission - AYES: Commissioner J. L. Plum-ner, Jr. C'nmr,,issioner Joe Carollo Commissioner Armando Lacasa Mayor Maurice A. Ferre -NOES: None ice -*Savor (Rev.) Theodore R. Gibson "hereupon the Commission on motion by CommAssioner Plummer and st•cc1:1ded b% Commissioner Lacasa, adopted said ordinance by the following veto. Commissioner J. L. Plummer, .Jr. Commissioner Joe Carollo Conm,issioner Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: Vice -Mayor (Rev.) Theodore R. Gibson SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9_268 The City Attorney read the ordinance into the public record and announced that copies wer6 available to the members of the City Commission and copies were available to the public. 71. AUTHORIZE THE CITY MANAGER TO NEGOTIATE WITH STATE OF FLORIDA FOR ACQUISITION OF CITY -OWNED LAND (FOR2IER SEABOARD RAILROAD TERX'INAL PROPERTY) FOR PROPOSED FORENSIC HOSPITAL Mayor Ferre: Now, we have a resolution authorizing the Manager to negotiate with the State of Florida for State acquisition of the City - owned land identified as the former Seaboard Railroad Terminal property, for use as a forensic hospital facility. Said negotiated agreement to be presented for approval by the City Commission prior to execution thereof. The resolution is before you. Who moves it? Mr. Carollo: Move. Mayor Ferre: Moved by Carollo, seconded by Plummer. Further discussion? Call the roll. The following resolution was introduced by Commissioner Carollo, who ►u()ved its adoption: (CONTINUED ON NEXT PAGE) 147 a RESOLUTION NO. 81-444 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE WITH THE STATE OF FLORIDA FOR STATE ACQUISITION OF THE CITY -OWNED LAND IDENTIFIED AS THE FORMER SEABOARD RAILROAD TERMINAL PROPERTY, FOR USE AS A FORENSIC HOSPITAL FACILITY; SAID NEGOTIATED AGREEMENT TO BE PRESENTED FOR APPROVAL BY THE CITY COMMISSION PRIOR TO EXECUTION THEREOF (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 J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa Mayor Maurice A. Ferre NOES: None A!', FINT: Vice -Mayor (Rev.) Theodore R. Gibson 72. URGE CITY RESIDENTS TO COMPLY WITH COUNTY ORDINANCE RESTRICTING USE OF WATER DURING PRESENT SHORTAGE EMERGENCY i Mayor Ferre: A resolution strongly urging full compliance by City residents, with the provisions of Dade County Ordinance 91-54, adopted May 7th which restricted, curtailed certain non -essential uses of water during the declared water shortage emergency. Plummer moves. Is there a second? Mr. Lacasa: Second. Mnvor Ferre: Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-445 A RESOLUTION STRONGLY URGING FULL COMPLIANCE BY CITY RESIDENTS WITH THE PROVISIONS OF DADE COUNTY ORDINANCE NO. 91-54, ADOPTED MAY 7, 1981, WHICH RESTRICTED AND CURTAILED CERTAIN NONESSENTIAL USES OF WATER DURING DECLARED WATER SHORTAGE EMERGENCIES (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Commissioner Joe Carollo Mayor Maurice A. Ferre None ABSENT: Vice -Mayor (Rev.) Theodore R. Gibson 148 MAY 1 519 81 AMFI.1': "CRLA'! ION 01 5 ...:'IiilC:;!':i: IS �EFi R'thD. 74. DISCUSSION OF STATUS REPORT ON POLICE RECRUIrILN T Mavor Ferre: Police recruitment. Is there any answer on that? Do we need to get into that'. Mr. Krause, I do have one question for you on police recruitment. I have before me the ethnic breakdown of the 302 new police officers that evidently enter into the Police Academy. I think this is ... we're playing around with information, and let me tell you why. I'm not interested in knowing how many people go into the Police Academv. That's incidental, to me. I want to know how many sworn officers are accepted into the Police Department, that are functioning as policemen. That's what I'm interested in. Now, I'd like to know the next time around, when you give me this information ... I have no problems you giving me this information, or whoever is preparing this in the Police Department. I also want to know how many people went into the Police Department that are functioning as policemen, not into the Academy. The Academy doesn't mean anything to me. And I'd like to know the ethnic breakdown of those people. I know there's not 302. Are there 150? 100? Mr. Krause: Most of these 302 are still in the academy... 11 Mayor Ferre: I know that. That's exactly my point. And I also know that many of them are dropping out and I also know that of the many that are dropping out, the majority are black. And I also know that this is a misrepresentation because I used this the other day in CBS and it went on probably tonight, and I said based on information given to me, that 27% of the people that we have hired are black policemen and women. And that is not the case. I have since found out. And I am, if you'll pardon the expression, really ticked off at having to make statements that now I know are false, because of my misunderstanding. Please. Nobody else's misunderstanding. My misunderstanding. But I feel that I'm a relatively intelligent person and I read these things wrong, and if I'm the Mayor of this town and I've been in government for 12 years, and I misread this, imagine what the average citizen does. Mr. Krause: Mr. Mayor, there is a piece of information I think will be useful to you and the other members of the Commission. I received a copy of a letter this week that Squire Padgett sent to Chief farms asking, in writing, for the same information that you are requesting. And Mr. Padget had made that as a verbal request at a meeting that he and I... he had with Chief Harms and myself about a month or 6 weeks ago. The people who washout of the Academy are not meeting State standards and that's one of the problems that the City has. The City doesn't control the standards for graduation from the Police Academy. The State does. On the other hand, the Justice Department is very concerned that there appears to be a very disproportionate number of blacks who are not SLIC(Cuding in the Academy. So they have asked for information, and I am assuming that one of the things the Justice Department will do, will be t(i cherk with the State on the State's Standards themselves. Mayor Ferre: Yeah. But you're addressing a different issue. I have a simple question. You say here in your May 12th memorandum, signed by Robert D. Krause, Director of the Department of Human Resources, that we had a goal of 275 and that we actually hired 302 police officers. Now, I've been going around saying that we've hired 302 police officers. I'm very proud of that. Then I find out that we really haven't hired 302 149 1AIV.4 Z Ar� Mayor Ferre (continued): police officers. What that means is that we've hired people to go into the Academy. That doesn't mean that we have hired, and they are part of the Police Department. Now, the other thing I have to question is the figure I used was 816 police officers, sworn police officers. Now I see this thing and it says 856. Now, which is it? Mr. Gary: Well, the reason for that, if you recall a policy passed by the City Commission was that the Clt-. ;mist end up as of September 30, 1981, with 814 officers. So obviously we have tn hire more people to insure for attirtion after classes have endr,�d. So when September 30th comes we will be assured of having 814 people. Sn we've got to have an over hire situation. Mayor Ferre: I see. So in other words, as of right now, the date of this is May the 12th, we actually have 856 police officers that are functioning in the City of Miami... Mr. Plummer: No. Mr. Gary: No. Mr. Plummer: That's when they're all out of school and passed and sworn. Mayor Ferre: See, that's why ; get. confused. Then we don't have 856 officers. Would somebody tell me what's going on around here? Mr. Krause: The terminology, i.4 correct. If it's misleading, I'm sorry about that. But the tittle of Police Officer is the job title for which people are hired when the enter the academy. Now, when they enter the Academy, they are in a tralnin�7 state. This is for a period of approximately 20 weeks. And thereafter, they are on probation for a total of 1 112 years. Some o- the people do not make it through the Academy, and some of 1,e ;I-Ali0l: 0J':.'.crs who are state certified are either retiring, or .�l leaving for other reasons, so that there is always a certain amount- c_ hring and termination in the Police Department. The 856 was a number established with prior direction from the City Commission to make sure that we would hire enough in the May class so that when people terminated during the regaining months of this year, we would wind up in September with 814 sworn officers in patrol. Mr. Plummer: Mr. Krause, if you would have used the terminology Police trainee, it would have been clearer. Mr. Krause- Well, I suppose it... Mr. Plummer: Now, Mr. Gary, I wa;:: tc, tall you something. I got very upset this Monday. You know, probably one of the worst things that the Mayor ever did was appoint me to the TDC. I want to remind you, and this is not your bit, Mr. Krause was around. I saw part of a presentation which Beber Silverstein put together for the recuritment of Metropolitan Dade County. It was fabulous and they did it absolutely free. I distinctly remember asking that this City administration contact Beber Silverstein to do it for the City. I asked Beber Silverstein, why didn't you do it for the City free? We spent $100,000. They said we were never asked. I want to tell you something, that doesn't set well with me. Here we have one of the finest organizations in town. I distinctly said go to these people, ask for their help. Nobody asked. !tie C!Ly spent $100,000. It upset me, I want to tell you. Mr. Gary: Well, I think I'd also like to give a response to that. Your ,point is well taken, we should have asked. But I think we also should give credit to the Department of Human Resources in terms of achieving over...well, over achieving its goal as opposed to what Dade County is doing. Mr. Plummer: That's fine. You know, the bottom line is that the goals are going to be reached. But we could have possibly done it for 150 MAY 151981 Mr. Plummer (t c nt inut,(I) : 100 000 less. That my po int . Mr. Is lit-, w ii I ii,,� to go put up poster ''roards 1 ikt., we did. You know. Mr. Plummer: They're willing to do the mechanical layouts and all that free. Okay? Mr. Gary: Okay. We wouldn't have saved $100,000. Mr. Plummer: If I had not brought it up distinctly. That's all I'm wajink. Okay? Mayor Ferre: All right, anything else? A S I'AI i'S RI:1'OItT ON FY � "? BVDGrT Oven without a cigarette I'd like for "tr. Surana to give h, t i.,xt , ears budget is going to look like we know today. r,_ # Commissioners, I want to start out with For current fiscal year, we anticipate `1 ,( ()r),000 and a savings of $1,700,000. A `.'�0,000. On the revenue side, we anticipate :ri „ fain of 2.9 million dollars net loss of to ur 710dified budget of $123,000,000. On significant ant is i,,:it S1 ,"100,000 short fall of revenues in waste disposal +CC-- n i s is 1 ri:;e tl ru, a lower collection than we anticipated. At ,.art• collec:tinl, about 60% of billing. Property tax, we :anticipate there will by some final tax roll adjustment and there may l,t th.ut S1,000,000. Every year they make some I just mentioned in tl;e o r:F,i;,,il tax roll and sometime in June based on appeals and �vveything, tPu,y make some adjustments. And based on discounts, we :i1i prohab1_v experience some short falls in that property cat: line items. he'll find out June 1st. Maybe $1,500,000 because we don't know right now. But we anticipate based on historical Because of location, we anticipate a short fall of $300,000. This is based on FY 80 audit. We had anticipated $2,000,000 indirect costs of location from CIP projects and various grants. ',Wr•cuntage we were using was a little bit higher than anticipated was a little bit higher than anticipated. (,tit- pry,_; c•ct j on was based on FY 80 estimated revenues, and there was a r nvtrsicm based on that. We anticipate about $300,000 shortfall on that Otte. Mr. N umme.r: Is that in electricity that we're using or on the Franchise? No, utilities, not franchise. Franchise we bring only )Ul1,UUV wuic_n is fixed. ,,!t. Plnminer: In other words, we're using $330,000 more electricity than anticipated? 151 u 61 Mr. Surana: Less. Mr. Gary: Well, not we, the Cie:- ­Mr. Plummer: The City. Mr. Gary: The whole City. Mr. Surana: This is the reveni,:, Mayor Ferre: This is the utlli!! - .Mr. Plummer: Oh, oh. Mr. Surana: Metro Dade County ,, revenues based on actual colirrl-' last couple of years, we were School Board, but at present... Mr. Plummer: No, no. Go bac!; i. Mr. Surana: On the occupation9? Mr. Plummer: Yeah. How did doubled the amount? Mr. Surana: Okay. This received so far. Mr. Plummer: Yeah, but that d,,­ of the occupational licenses. .; <.a thie short fall 'if,out the ,,,;es from the fall when we r,_t­� ipts we have :j. doubled the amount Mr. Surana: When we dial Hic that, was based on actual receipts of FY 86 rs:'r i he fees. Now they are actually getting the `i-e also saying they are going to charge at -our , ,c•st which wasn't anticipated before. Mr. Gary: Well, you can also ., !hose increases. What he's saying is the amount ;,, you're getting everything except the $111,000 Mr. Plummer: Well, are we makin. ;,. T ? cct.? Mr. Gary: Yes, we are. Just. •,, fee. Mr. Surana: Interest on invert ii, • 1 . .-In ,-: loan investment. As you all know, the property :.... lot receive in early December which we normal.!; �, i t. �_:,ve us a lower amount to invest. Unclaimed money, this n !t,t- action ;rook place last City Commission meeting that moneys will be used for the purpose. t�<�!(i>ment, this is design, services we provide to f;,- ;; 11ro jects. And we anticipate a lower receipt than otter miscelleanous items add up to $243,000 shortin?:.. �, .,aced on actual receipts on March. :'. -t.uaJ loss of $4,400,000. On the gains side, we anticipate ter.; revenue than modified budget. Number one item is the 1 �.,'; 70 is based on the change in the ordinacne. This y:, a r :, t o ,int i c i pate tneir annual payment and the runt it _ . :; ? t hzuary. Carry over fund balance which was antic;.!.. "d,l).000 will be about $1,000,000. Mr. Gary: Excuse me. I think tt: ;; ' , .::,t notV. Last year, we actually ended up the year with :� i,t1U(t fund balance. Mr. Surana: Telephone and telegi �:.�:, i ; ; wo, growth than anticipated which will give us n. , , v,•(lut,d. Building permit, again based on the growl t;:,,t r, another $300,000 T': MAY 151981 x yr. 5uranr� (+_t)ntinue(A) : more revenue than budgeted f ctr. tiiamarina, in the Dinner Key, this is based on the additional rate increase. Electric inspection, again, based on growth, public hearings sane thing, public permits, Audobon fees. State revenue sharing, again this will be based on actual amount we're going; to anticipate for the fiscal year. Court fces again based on growth, and miscelleanous items, khicli gives a total gains at $3,000,000 and a net loss of $1,500,000. On expenditure sine, we anticipate $1,700,000 more savings and txpenditure ic,d appropriation. The significant items, salary savings il(t, f,,; transfer (ltiaste)ef fees wt2 pay: to tilt ci savi.ni;s of :shout 5150,000. Street %-1 ; t;i,_ ;t are tltc department reductions will ,;ive us a i 11 JIA in next years of $2,000,000 some money t is _i1 i leanous. The total is You think -• ; , n i i ,int, items might change _ •...i ..,:<. ���- •.. �_ ..�i i:�.:t. .JU,IJ�i;! �3YryOVer. t _ , t t ita ri >r! l:c,s to be that we're not going to be t lu of -t rating in a deficit. But this �t a 200,000 projected carryover. orry. I9:i43. i u;:d savinf;s yes. What we're saying is we're having of $1, 500,000. But we're going to spend 1,700,000 That gives us a savings of 200,000. t :V; h, but that's not to say that that's the carryover that For next year we will have it if our projections remain a, It. 16 M,:vor Ferre: In other words, the projected —if this is true, our carryover years budget is $193,643. !� J-. c:r,ina: Yes, sir. Mr. 6a ry: If I may, Mr. Mayor. Well, I'll wait until the end. Mr. Surana: Now we'll get into FY 82 projections. FY 82 projections, We have used certain assumptions. Number one, we anticipate a carryover of $193,000 which I just explained to you. Number two assumption, a property tax, we will receive 8% more than adopted budget... Air. Mary: Excuse me. Before you go on, that's an important assumption. We are assuming that the property taxes are going to be increased by the city Commission by 8%. If you don't then you'll add $5,500,000 to the problem he's going to show you eventually. Kivor Forie: Now, let me udnerstand that. We don't have any constraints tr, the State Law this year. W. Mr. Gary: The TRIM Bill is dead Mr. Surana: If we increase our prop,�r;�- 1)y f'� our projected millage rate would be approximately 9.1 mlll. Ih t rcl-uld till leave us room - for another mill which will gene.rat c. '; lrn.=1- s l y r38,000,000 in property tax revenues, and abut}t , :: ; ? t ; r': ��s�= over FY 81 budget. in the Trim Bill by FY 82, we wi) exemptions which is about $1.,000,('.0(i . ....... fees, we anticipate $3,500,00C' •ir;: 'Federal. Revenue Sharing will be funded at :a; ;,:..r. :, ._: ', . }r. ; ;Again, which is the same as the current year allotm(:,:t. 11 1F�j2',a1. Revenue Sharing has been antici.pc3te: I, 1 rite Disposl fee will be the same as the $75 as we t,=a.. < r, ., . ..:i, i cli w .11 generage $7,000,000 -revenue. We may want to point wi, t '; . _,_! 1 , r have shown you $1,500,000. Part of ;h(",.:: tmill receive in FY 82, fees paid to Dade County for dlspo4i:�. solid waste will increase appxoaim:.at.cl - They are hoping to increase by 1 dollar. Workmens Coo ._;, l:tsurance and Liability Insurance will increase : -:_ 1,1",(:,)0,000 or 3.1%. Regarding Pension, we have a'•] ?-,c. a 5�,Z increase over FY 81 budgeted amount which is hp, ~, <.t::: t _.;.;=;+,r:),U00 and the contribution to the Pension fund is about $i; ,00� ,;;t FICA, we are anticipating an increase of about 10';. ,::i I-avc ?>een provided for 10% union negotiated increase for .•ir,_. Follice, and General Employees, and 6% for Sanitation employees. And al-nct Y i(3,�)00,000, actually about about $6,000,000. An incresr c :r :. 'i.A. r.Frabership, ICM members is about $440,000, St rr i i �j.,;r ; ;;. coat will increase approximately by 25% or almost S].,0' ',� `� _?e is based on the rate increase and fuel adjustments. Tht. Enterprise Fund will be $832,000 an increase of $161.,000 we are assuming that Marine Stadium will be contracte,' :.— if it doesn't, it will require additional $200,000 i,,,i , cr the F;,ilding and Vehic'_e Maintenance will be ;52,700,GJ') ;;:c_, ti:::t adopted budget. This is mainly for increased on'st of fuel -td t'ie increase requirement for vehicle replacement fond. Ni: 3>t '.' , ,. $2,000,000 Public Safety fund. i. r,:; i:.we peen made tc 886 Police Officers in the Police 1)V .increasing sworn position from 840 to 1,000 at a cost . ,-I'r`'>:i.>seat ely of $5,600,000. Mayor Ferre: Wait, wait. 71iai.'r �. Mr. Surana: Yes, sir. rt_' L12, ,. o�.^ it; -,ease of revenue of approximately $6, 700,000, and .in sppropriaticns of approximately $18,000,000 and a short fall of ;l.],C'C),�C�O, 1f I may point out, this $11,000,000 does include additions'_ ':u,;.i: ,'e•quired of $5,600,000 for 186 police officers. Mayor Ferre: Okay. In otn,�:r r_hell you have to deduct $6,000,000 from the short fall, Mr. Surana: Yes, sir. Mr. Plummer: More appropria_e ? y ,' :: , i::_ �- . n,.: csk increase to 9. 1 mill, that increase will just about pay foi ,<< acciiriunal 1.86 police officers. Just about washes out. Mr. Surana: Yes. But 1 mill. i.; 56,000,000. Mr. Plummer: In 82 or 81? Mr. Surana: 82. Mayor Ferre: See, without that WEB haave u ; ;,000,000 short fall. With that, we have an $11,000,000 short fail. Mr. Plumomper: Yeah, but you also have the 8% increase included in this. Mr. Surana: Yes, it's already in there. 3 MAY 151981 Mr. Plummer: Which is a hell of an assumption in an election year. Mr. Surana: If you do not increase property taxes by $5,000,000 which is about 8%, the problem would be $16,000,000. Mr. Plummer: Obviously, you didn't vote for Reagan. Mr. Surana: On significant gains, number 1, property tax which is about 8% increase, utility service tax is anticipated growth and increase I- the utility rates. Waste disposal fee, again based on collections. Dinner Key Marina, Miamarina, increase utility rate increases. Building permits, based on growth, franchise tee based on growth and increase in rates. Now, we are assuming that Miami Stadium will be contracted out and we'll get at least 5100,000 in revenue from that. Electric inspection, plumbing permits, public hearing fees, audibon fees, they are all based on actual revenues we have projected for FY as to revenue sharing. Watson Island increase in rates, court fees increases in growth and miscellaneous items of $263,000 is a total of �11,000,000 in gains. On losses, a carry fund balance will be $1,500,000 less than FY 81. Now, out of this $1,500,000 is $1,200,000 is prior encumberances. So actually this is a short fall of... Mayor Ferre: About the what? Mr. Surana: $1,200,00 from prior year encumberances. of about $300,000. Mayor Ferre: I'm sorry, I didn't get you. 81. over It's a net short fall Mr. Gary: Well, let's not get that technical. What happens is during the course of a given fiscal year when we close out the books, even though we may have committed the .money to a contract, the new accounting procedures require that we do not encumber the funds on the current years budget, but that the money is carried forward to the next years budget for payment. It's really an accounting procedure. Really, you have, Mauno, I think it's the best way to explain it, what's going to be the unencumbered fund balance? Mr. Surana: Without that, it's about $300,000 short. We had anticipated $500,000 comparatively we'll have $200,000. Again. homestead exemption will not be funded with the $1,000,000. 3ecause of location 2nd post this problem we see a reputation of what you have seen on FY 81 The reason being we haven't modified the budget. The same thing thats... we do not ancitipate any interest income from Interama money. We had anticipated $500,000 in FY 81. Metro Dade County with occupational fees the same thing with County occupational fees, Dade County School Board, investment, unclaimed money, and CD and others. It's a total loss of $4,500,000, and a net gain of $6,700,000. On the appropriations side, the salaries will increase approximately $8,400,000 because of anticipated salary increase of about 10% for all unions except Sanitation and 6% for Sanitation. Other pay which is increase in pension costs, group itisruance, operating expenses, mostly street lighting and those sort of things capital expense reduced by $500,000 which is a total $13,000,000. 186 police officers $5,600,000 and departmental reductions will save us about $1,200,000. Total increase in appropriations of $17,700,000. It's a short fall of $11,000,000. This chart summarizes ni-ior increase in appropriations. Adjustment of wages, y.,,433 ,000 and other pay, pension of $772.000. self insurance cost $1,500,000, FICA, Overtime about $466,000 total of $2,800,000. operating expenses increase in Building and Vehicle maintenance, $2,700,00, reduction of Public Safety Fund, $2,000,000, reduction of Capital Outlay, $500,000, street lightings increase of $973,000, scale fees of '-174,000, computer repairs and maintenance, a cost of increase for telephones $300,000, self insurance $500,000, utility F,es for various departments, $131,000, severance payoff of $148,000, increased .,ost for elections, $112,000, deficit Enterprise Fund, $161,000, 155 KA Mr. titgnp. c•crntinued): miscelleanous increase of $477,000 and this is titet-erarp 81 encumberances just accountins:. It'e a total of $2,000,N?0, T)egaxtmental recirsrtich of $1,200,000, additional police officeT:p `_•5.600.000. A total. in(-:r.ease of $18,000,000 in appropriation. Hr. i'"j, n..:a, Stop right there. You've got a memo from the City Manager t.,n,l.ktl);; Possi.bly...we got r, memo from the City Manager saying we're ,... `'iTA by Auglir;i_ 1. Ali right. And we also, in that same memo, w« l r ~ .. ci t.1!at we were, pnasibly loolr ing at, a t�ed,.ir.tion of 400 to 750 nddltf-q—,Ail iNy--offs of pet-manent c"iplctyees. Am I in the ballpark? ?II-. <,- �'ca. �':_ That`s noi_ incle!ded in t.2lis. �i; I'm rc>t:ting, to ti»t. n(Y4 in the next chart. r. i?aunc«, go Ln t hi _ :�c. chart. ur ?' ,•• >11 was trying to get at this particular (Ict whit the rremo het_ stated, are you taking into Int., the E;eVerance pay: �ncc; 1,a,; 1 c; only a 10% increase, or what fol iiow can you anti.ci.pat only a 10% increase when you're 60C) to `) pec,ilc- of permanent status? :F,� ona „_ir s-.t i •n s;,� he, we know what the increase of ;\l;t. , ,.,�• 1 c1 is e mer. r:xe c_. nf'. to be, where is it reflected what Ga- ; '..: , ai.d in the memo of dinrping that number. Let's call it hot) Rure's . t,ue giver you that was based on $11,000,000 ? , nd ; I o0:,o0ihr«r,t f.a11. Is that right, Mr. Gary? me se.c• ii I con explain for. you. Those figures assume ,;or. !'"iT' t-r, act at your last City Con;,uission meeting i educed the problem considerably. Now, pay, that's a good point. That is not ac; t_ht,, 1482 figurer. grid that figure would have to go up. All right, lint now wt,at about the reduction of the 6, 700 of the 600 employees, now you're talking 1u�ple. "r*: reduction. Redtcc;tion. And that reduction from 700 primarily is to the action of the City Commission to enforce the lay—offs. is figure can go up even higher depending upon the union :�- salary increases that we have. Don't forg et, tl'ie assumption : u r'�fPt we're only assuming 10%. So as that percentage goes up, u^+Y+ :,i,: i�T the number of people that have to hit the street goes up. t'r. r* Well okay. Now you say the Trim Bill is dead. Is that talacy... not the falacy. Before it took a 4/5ths vote. .; . Ycv only need 3 now. Mr. Fauritner: All right. Let me ask this question. Commissioner Carollo had .=..po're of an additional up to 1,200. Okay? So what you're showing in thcoe figures as the figure I came in around 1,000. Is that what you ? i J y,,i+ balanced? *silo: Well, 1 if I recall, J. L., what I expressed was I would like 156 MAY 151981 RIF— Mr. Carollo (continued): to see 200 but realistically, we talked, and I think you agreed with me on going for at least 200. If we could go for more, fine. But at least 200. Mr. Plummer: Well, which would bring us to the 1,000. Mr. Carollo: 1,009. Mr. Plummer: But that's what your projections are based on, 1000? Mr. Surana: Yes, sir. Now, on this chart what I have is effect on personnel. I have 3 columns here. If we have $11,000,000, and the .police and fire do not make any cuts there will be 576 position reduction for remaining departments. The second column, if our problem is onlv $5,400,000, and if we take into consideration IRA -lica officers, then the problem will be 823 positions. Now, the $11,000,000 problem is solved by all the departments including police and fire, will still he 576 positions but Fire Department they will have to reduce their positions by 124 and Police Department by 192. llzgor Ferre: From 1,000. Mr. Surana: Yes. rc From 1,000, 192. Mr. Plummer: Ha, ha, ha. Mr. Gary: Well, if I may. The reason for showing you this chart, and it was summarized in the preceding cover memo, was to show you that the majority of the positions that exist in the /City, 51% exist in Police and Fire. When you exclude them from any kind of reductions, you're putting the major portion 'of the load on the remainine 49%. As a result, the percentage that would normally be a small percentage if Police and Fire were included, would -now be a large percentage. We're now talking about a 27% dollar cut and a 33% position cut for departments because of the exclusion of Police and Fire in addition.... Mr. Carollo: You're saying that 33% for departments. Board of Commissioners between the 4 Commissioners, there is 8 positions. I see that you have 3 there. Does that mean the positions will be excluded? Mr. Gary: In order for those departments to achieve their reductions, if they achieve them strictly in their salaries and wages account, those are the positions, or the numbers of positions that have to be reduced. Mr. Carollo: In other words, there will be approximately .7, .6 positions per Commissioner, Right? Mr. Plummer: No, less than that. Mr. Gary: A little less. You're almost right. Mr. Surana: One and a quarter positions. Mr. Plummer: You're only dropping 3. Per Commissioners, 9 positions, I believe. ::.. 10: You're all dropping 3 out of the 8, do we all have put Cuba ? Mr. Surana: 6 left... Mr. Carollo: So that leaves me with 2 and you guys each with 1. (LAUC:HTER) 157 n Mr. Plummer: 'low come the City Manager is only dropping 12? Mr. Carollo: ill out of how many? Mr. 51irn,,a: Mc-f*? than 40 probably. The total positions by each J e pA r L T) V r41A Y V >! r--l' based on what positions they're going to cut. We're s-ilary of $19,100. Now, if somebody is going to cl-11ary, naturally, it will be more than 3 positions and 5 prsitions. In some departments maybe C, -) - ; -, t i r n i F; less. But it's a ballpark figure of I- Do you want me to go by each department here? , il,, --: 1,,,o. -, Oat',; not necessary. Is that the last chart you have? this; is. my last chart. Ai -01,ere any questions, Mayor and City Commissioners? "'oure going to pick up the solid waste with charge $75, right? -'uuiion that the City Commission has given the adinj .1 1 0! today, is the exclusion of Police and Fire. And I Carollo at the last meeting , that we even need to In those areas. tainly do. bout it on thi6 chart. This ends my presentation. )-L "I , •. lrej i , I've. got news for you. If you think I'm the Mayor of AT11,101"01 J t-' HIPrYl8lid, you're very much mistaken. I'm not about to i! I r i cz anything else like that. What else do you have to vt-;!, -.otti :ej,,,ard to the budget, I will be submitting to the cv, m btidpet process schedule by next week. And in that ;nv i t Iiq�, members of the City Commission to give me input 0 feel we should solve our budget problem. I look m, i I I, : *,,!-1 1 , i do too, Howard. FOR WAIVER OF $400.00 FEE TO BE PAID BY Tl�' "';AT11,')NA1. ASSOCIATION C.B. OF FLORIDA" GIVEN What else do we have now before this Commission? Mr. Alberti of the National Association of i—? i,,is requested that this City Commission request from that the $400 fee that they have to pay for It, firearms they use be waived, since this association and the County with free of charge services i!i t i.,- Set ill i,. p nr,a. I would move that we so request from the County. t•,.;i -Y, i � (- i: , r : till right., there's a motion. Plummer, do you have the motion? !i'r. 1, ljzi,.t I . ',)]I WILSL,., 158 MAY 151981 • a Mawr Ferre: Joe, the motion that Commissioner Lacasa has just made is that we request from the Metropolitan Dade County the waiver of $400 per permit? Mr. Carollo: I don't follow what the motion is. Repeat it. Mayor Ferre: Why don't you repeat your motion so we all... Mr. Lacasa: My motion is that... Mayor Ferre: Plummer, J. L., listen to this so we understand what we're voting on. Mr. Lacasa: My motion is that we request from the Dade County Commission that they waive the $400 fee that the members of the ?rational Association of C.B. of Florida have to pay for the right to use their firearms. This motion is based on the fact that this association provides free services in the security area to the -City of Miami and Dade County and they charge absolutely nothing for it. So consequently, I feel that this will reciprocate the services. Mr. Carollo: I don't see what the problem is. I mean, from what I read in the paper, all you have to do is to be a convicted felon and you can carry a gun. Mayor Ferre: Well, I think the point is, as I understand it, is that this is just a request on our part... Mr. Lacasa: From the County. Mayor Ferre: ...they may —the County may waive it, they could care less. They're not going to pay any attention to that request. It Mr. Carollo: Well, Mr. Mayor, I would like to speak to the President of the C.B. Association on that and see..you know, because I haven't heard anything from him. Mayor Ferre: Is Mr. Alberti still here? Would you do me a favor, Jack? (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: All right, your name for the record. Mr. Alfonso Alberti: Alfonso Alberti. Mayor Ferre: All right, Mr. Carollo. (AT THIS POINT, MR. CAROLLO ADDRESSES MR. ALBERTI IN SPANISH AND A BRIEF EXCHANGE IN SPANISH ENSUES.) Mr. Carollo: All right, no problem. Mayor Ferre: Further discussion? Call the roll. Mr. Carollo: In fact, I think that every citizen should have one and not have to pay for it. 159 MAY 1 51981 0 LJ 1I',.!-,-.---.i:,,.,,.',,)nNr Lacasa, who I-cV the City Commission i; meeting and I-i e r i,-2L Gibson and hc, only way we agenda be here past 10:00. 14",,PL'S going iii:.1 that's We tried MAY 15 1981 0 0 ,.. Tl,ltil n„u. w, ;:i,�1, : r.., �,,.E'11 thoufh I t ; �,,i, hEr:, has b�.,n t,.3 t` ;3�.. : t, hcIen here since 196; , and I want to tell you that it has rit,vcr 1-t-en any different. Mr. Plummer: That's right. Mayor Ferre: T}le difference now is that Father Gibson is sick. Mr. Piur,iaer: Yeah, that has delayed and deferred a lot of stuff. Mayor Ferre: And therefore, Father Gibson lasts, I mean, I'm not complaining about this, it's just life. Tile man leaves at 2, 3, 4 o'clo(k in the iifternorn. Today, he lasted longer than he has in the past c'uile of meet inks. But the point is, you know, we don't have a full Commission and, you know, it makes it hard to operate that way. Now... Mr. Carc)I;c-: ,;t11, i agree with you, Xr. 2^.avor, vote know, under the unusual circiim:;tan, e,; we have, we're goint; to have to do that. Mayor F',rre: I don't see any other way, unless what you're saving is that W,', r 'lil} ;1(1\'t 4 1:1embe.r5 I.DIIlIT]iS ll:i?5 in the afternoon and in the The only other wa_; is until Fr;tht�r ;,t-,ts a little bit better, i- , :)tit it off so that the mail can come in..I think, you know, he'11 la—,i r or 6 hours in a C<'Tu i58iun meeting, but you can't expect '.i7. t�� lc.st 17,or,- than that. And I don't blame hir:. 1 mean, I understand. Mr. Lacasa: k'hen we are here 12 hours, 13 hours... Mayor Ferre: ..we start insulting each other... Mr. Lacasa: ....service to the City of Miani. :iayor Ferre: That's right. 11 Mr. Lacasa: Usu,illy nobody can perform after 13 hours sitting here in this same fashion. 7f,. STATEMENT OF POLICY: COKIISSION MEIIEBERS, k'HEi� REQUIRED TO TRAVEL ON CITY BUSI-MESS, ARE TO SUBMIT ALL OF THEIR BILLS TO TWV .%T1MTN-TCTPATT(14 VnP T' VrnT ATT7 RF1MBVRSFMEI.T _ Mr. Plummer: Are you giving us an increase in our expense allowance in this new budget? Mr. Gary: In your expense allowance. I will give you an increase in your travel allowance. Oh, by the way, Mr. Mayor, one of the concerns I've had is that the City Commission, I guess about 2 1/2 years to 3 years ago, established a policy which was realistic at that time, which primarily gave City Commissions when they travelled on City business $100 per diem. I gather most of you can't get in a hotel for less than $100 now a days, which means you can't eat, you can't travel. I would .suggest that... "r. Carollo: Not travel so much? Mr. Gary: I beg your pardon? ..j. Carollo: You say you were going to suggest, and I said not travel so much. Mr. Gary: That too. I would suggest that the policy be changed. First of all, I'd like for the policy to be placed in the City Manager's hands to be adjusted as inflation goes up. But currently, I would say that the policy should be one where we give you the $100 per diem, but 161 , Mr. Gary (continued): that we would pay your hotel expenses, which would... Mayor Ferre: I'm going to tell you, J. L., when you came up with this idea, it was a good idea at the time. It's worthless now. I'll tell voi,, in my opinion, this is subject to audit, it's full public view. I watch that like a hawk because every time I run for office, you know, somebody comes and asks for those records. The Miami Herald is always getting them, my opponents are always getting them So I'm pretty sure that everybody around here is the same way. Frankly, if members of t114s Commission can't be trusted to be honest in their travel expenses, then what the hell are we doing around here anyway? Mr. Plummer: Maurice, the problem is that we've got to change the policy, we 've got to go back to the old policy thap we surrender our bills and we're paid for it. Mayor Ferre: Precisely. And make them public. And I don't mind you publishing them every 2 months, or 3 months so that everybody in the world knows what we're expending in traveling. You know? Do it openly, publicy . and all that. And this is subject to scrutiny by the press and everybody else. I mean, you know, we're subject to that scrutny andyway. The County doesn't have any such policy. So I just think it's a worthless... Mr. Plummer: Let me put that other thing on the record I talked about. Mawr Ferro: Go ahead. Make a motion on this. ;. Plummer: I make a motion, Mr. Mayor, that we revert to the old policy, th-At the policy we presently are operating under is just... Ma�,nr Ferre: Ineffective, :fir. ?lucn-ner: —ineffective. It doesn't resemble reality. We go back ± .h= old policy that any Commissioner travelling will surrender his tells ond. will be reimbursed by the City for the amount of the bills. I' i i uiai:e that in the form of a motion. *�:,,- r Ferre: Is there a second? Mr. Carollo: Second. Havor Ferre: Further discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 81-447 A MOTION EXPRESSING THE POLICY OF THE CITY COMMISSION TO REVERT BACK TO THE OLD POLICY IN CONNECTION OF CITY COMMISSION MEMBERS' REIMBURSEMENT WHILE TRAVELLING ON CITY BUSINESS, NAMELY, THAT WHEN ANY CITY COMMISSIONER IS REQUIRED TO TRAVEL ON CITY BUSINESS, THAT UPON RETURN FROM HIS TRIP, HE IS TO SUBMIT HIS BILLS TO THE ADMINISTRATION FOR IMMEDIATE REIMBURSEMENT Upon being seconded by Commissioner Carollo, the motion was passed adopted by the following vote: (CONTINUED ON NEXT PAGE) 162 MAY 151981 AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: Vice -Mayor (Rev.) Theodore R. Gibson 79. DIRECT CITY P' ;AGER TO INVESTIGATE AND REPORT ON AN ALTERNATE LIFE INSURANCE PLAT; BRINGING GREATER EQUITY TO CO'_'•IISSIO*:ERS IJHILL TRAVELLI;;G ON CITY BUSINESS Mr. Plummer: The othe thing, Mr. Mayor, I would like to ask the Manager, with the approval of the rest of the Commission, I for some time have been very very concerned. And when I saw it in the Manager's proposal, it triggered me. You know, if you and I are travelling for City of Miami, do you know how much insurance our family would benefit by if in fact the period of travel we were to be killed? No, I mean this in ail nvnc�ty. $15,000. That's what the City would give my family if I were to get killed in the line of City business. I would like to have the Manager look into a blanket policy for the 5 Commissioners for the purposes of travel or death occurring in the line of City business. Mr. Gary: Say $1,000,000? Mr. Plummer: Hey, come up with an alternate. Come up with an alternate plan. But let me tell yob something, I'm getting to an age, I'm 44 years of age... Mr. Carollo: You're thinking about it huh? Mr. Plummer: You're damn right I am. You know, when I start looking at the cost of what it's going to be to put my kids through shcool, all right, I want to tell you something. I think it's only fair if this City sends me out of town and something were to happen to me solely because I'm travelling for this City, that I've got to look to the protection of my children. Now, I'll protect myself as it relates to my private life. But you know, when you send me out of town, you don't reimburse my business. Okay? I take my time off from my business. Whether my time is worth $100 a day, or $200, or $500 a day, you don't reimburse me for that, but damn it, I think it's only fair that if some Commissioner in the line of City business were to lose his life, that his family would be adequately protected. You have it for policment of $50,000, plus the other insurance, plus workmens comp. We don't have any of that. Now, I definitely stipulate that it must be in the line of City business.. Mr. Carollo: J. L., when you say in the line of City business, that includes Miami, Alaska, New York, anything doing with City' -business. Mr. Plummer: Joe, if I'm on official City business, on a city function, and my life were to be taken, I think my family has the right to be Because if I wasn't associated with this City, then I wouldn't be subjecting myself to that risk. Two years ago, Joe, let me tell you :-n.mot':ing. I was the President of the Florida League of Cities, and I M"Ct have travelled that year near 100,000 miles. Now, I took out every time I went to the airport, I paid $15 for a travel policy. And I think it's unfair when I'm travelling for the City that I've got to do it. I think that's wrong. So, I would like to say to the Manager, go out and speak to the insurance companies, develop a price, give us an alternate and let this Commission decide what they want to... 163 Mayor Ferre: Is there anything else we need to discuss today? All _ right, we stand adjourned. ADJOURNMENT There being no further business to come before the City Commission, on motion duly made and seconded, the meeting was adjourned at 9:58 P.M. 1AURICE A. FERRE Mayor ATTEST: RALPH G. ONGIE City Clerk MATTY HIRAI Assistant City Clerk 164 MAY 151981 F r.FuAmf 41 MEETING DATE: Y _ } �.�.'.��• Imo,,-�. - ITEM N0 DOCUMENTCOMMISSION RETRIEVAL IDENTIFICATION ACTION CODE NO. v 4 5 m 0 s m is ".",,Ititi1O" A(;1.`;I):1 AN1) CI I C1,1'I,K N'FINflkI PROHIBIT CONTACT P,E'Ihf:1:N CAffl.F T.V. APPLICANTS AND ANN' CITY OFFICIAL. (APPOINTED OR ELECTEID) UNTIL LICENSE HAS BEEN ISSUED REQUEST FLORIDA LEGISLATURE TO ENACT AN ADDITIONAL. ONE CENT SALES TAN TO ALLEVIATE SOCIAL PROBLEMS IN URBAN AREAS ESTABIA SH NEW PROJECT (7TLi YEAR C.D. BLOCK GRANT PROGRAM) PRO VIDE MENTAL, HL'ALTH SERVICES IN COCONUT GROVE AREA ACCEPT BID: FLORIDA SECURITY AGENCY (SECURITY GUARD SERVICE FOR LITTLE 1i-1VANA Co^DIUNITY CENTER) AUTHORIZE CITY MANAGER TO CONTRACT WITH SASAKI ASSOCIATES, INC. MASTER I'LAN/DESIGN CONCEPT OF LITTL HAVANA COMt IUNITY CENTER SUBMIT TO METRO DAM: COUNTY THE "DOWNTOWN MIAMI SPECIAL TAN DISTRICT PROPOSAL. FOR ADDITIONAL POLICE SERVICE" TOWARDS FUTURE ESTABLISHMENT OF THE DTSTRIC ISSUE WASTE COLLECTWN LICENSE: TO: ALL FLORIDA SANITATION, INC. L & J WASTE SERVICE:, INC. AND M & J PERROTA WASTE SERVICE EXECUTE AGREEML•'NT KITH NEW WORLD MARINAS, INC:. FOR 01PERATION AND MANAGUIENT OF MIAMARINA (4 YEAR CONTRACT). AUTHOR IZ17 E:XPrNDITURE OF $90,000.00 FOR DEVELOPMENT OF WATSON ISLAND MARINA PLUS MARINE -RELATED FACILIT'I (PRELI?UNARY DESIGN AND EGINEERING SERVICES) APPOINT MORRTS VAUF^IANN AS (11AIRIMAN OF COMPETITIVE SELECTION COMMITTEE OFR CONTI:ACTINC PROFESSIONAL ARCHTT[?(:"fUItAL/I:NGINIa:RIN(I SERVICES (DINNER KEY MARINA EXPANSION PRO.IECT). ACCEPT $132,959.00 FROM U.S. DEPARTMENT OF AGRICULTURE FOR "SummrR FOOD SERVICE PROGRAM FOR (I'HILDREN". ACCEPT GRANT AWARD OF $ 31 5 , 054.00 FROM STATE 1)I'll ARTMENT OF HEALTH AND REHABILITATION SERVICES FOR "ENTRANT ASSISTANCE PROGRAM/LITTLE HAVANA." R-81 -190 R-81-391 R-81-"392 R-81-393 R-81-394 R-81-395 R-81-396 R-81-397 it-81-398 R-81-399 R-81-400 R-81-401 1)Iltiil 81-390 81-391 81-392 81-393 81-394 81-395 810396 81-397 81— 398 81-399 81-400 81-401 s�'tri li 10 17 18 19 20 21 S 6 27 S APPROVE LEASE AGREEMENT BETWEEN CITY AND METRO) DADE COUNTY -COUNTY WILL USE CITY PROPERTY FOR ")BILE EQUIPMENT MOTOR POOL UNTIL PROPERTY IS REQUIRED FOR CONSTRUCTION OF DOWNTOWN GOVERNMENT CENTER PARKING FACILITIES. ENTER INTO LEASE AGREEMENT WITH SR. MANAGEMENT, IN(-,. RENEW LEASE FOR 12TH FLOOR AT 150 S.E. 2ND AVENUE. ENTER INTO PROFESSIONAL SERVICES AGREEMENT WITH COMPENSATION AND CAPITAL, INC., FOR PENSION ACTURTAL SERVICES. ENTER INTO AGREEMENT WITH METROPOLITAN DADE COUNTY FOR DESIGN AND CONSTRUCTION OF A STORM SEWER RELOCATION TO ACCOMODATE CONSTRUCTION OF METRO'S ADMINISTRATION BUILDING ACCEPT BID: DMP CORPORATION -STORM SEWER MODIFICATIONS WS02) DOWNTOWN GOVERNMENT CENTER EXECUTE AGREEMENT WITH ACTION COMMUNITY CENTER.INC. FOR USE OF ONE MOBILE RADIO. E\FCUTE AMENDMENT EXTENDING EXISTING AGREEMENT WITH NEW WASHINGTON HEIGHTS COMMUNITY DEVELOPMENT CORPORATION. INC. FOR ONE MORE MONTH WAIVE BIDDING PROCEDURES FOR FURNISHING COMPUTER EQUIPMENT MAINTENANCE•' ON A CONTRACT BASIS (DEPARTMENT OF COMPUTERS AND COMMUNICATIONS) WAILING BIDDING PROCEDURES FOR FURNISHING COMPUTERS EQUIPMENT TO DEPARTMENT OF COMPUTERS AND COMMUNICATIONS. ACCEPT BID: DATA SIGNAL, INC. (AUT'OMATIC DIRECT DIAL RADIO TELEPHONE EQUIPMENT) DEPARTMENT OF COMPUTERS AND COMMUNICATIONS. ACCEPT BID: DIXIE GLASS AND RADIATOR COMPANY AUTOMOTIVE REPAIR SERVICES DEPARTMENT OF BUILDING AND VEHICLE. MATNTE.NANCE. ACCEPT BID: FROM VARIOUS VENDORS ACCEPT BID: FROM VARIOUS VENDORS*HEAVY EQUIPMENT FOR THE DEPARTMENT OF BUILDING AND VEHICLE DL'i1,2'I'I:NANCE. ACCEPT BID: LESH DRILLING FOR ONE TWELVE INCH IRRIGATION WELL. (MIAMI SPRINGS GOLF COURSE), ACCEPT BID:DEBRA TURF AND INDUSTRIAL. EQUIPMENT COMPANY FOR ONE SOIL SCREENER FOR THE DEPARTMENT OF PARKSAITY WIDE ACCEPT BID: COLUMBIA CASCADE TIMBER COMPANY FOR PLAYGROUND EQUIPMENT (ROBERT E. LEE PARK). R-ill-402 R-81-403 R-81-404 R-81.-405 R-81-406 R-81-407 R-81-408 IZ- 81-4 09 R-81-410 R-81-411 R-81-412 R-81-41 3 R-81-414 R-81-41 5 R-81-416 R-81-417 78-402 81-403 81-404 81-405 81-406 81-407 81-408 81-409 81-410 81-411 81-412 81-413 81-414 81-415 81-416 81-417 e CONTIU N PAGE 3 - - - Tf}i N0. DOCUMENT IDENTIFICATION C � N ] ArTrnkrnnc Nn_ 1 (il (1 34 35 36 37 38 39 40 41 4 43 44 45 46 :1( CFA'T BID: TRI COUNTY FENCE COMPANY 17OR GALVANIZED CHAIN LINK FENCING (TERN ISLE NURSERY) ACCFII"C BID: FRE CONSTRUCTION COMPANY, INC. (ALLAPATTAH N.W. 23RD STREET CD PAVING PROJECT PIIASE II AND CD SANITARY SF.WI;R MODIFICATION. ACCEPT BID: CUYAHOGA WRECKING CORPORATION (DEMOLITION OE. UNSAFE STRUCTURE-SHER?IAN HOTEL) I'S"IAL'L1SH FUNDING GUIDELINES FOR CITY OF 111AMI FFST'IVAL ADVISORY COMMITTEE, ETC. :11'1'OINT ANNE' MARIE ADKER TO THE CITY OF MIAMI CO`•I,f I SSI ON ON T IIE STATUS OF W01MEN {IIRIT:T CITY CLERK TO PUBLISH NOTICE 01' PUBLIC HEARING IN CONNECTION WITH C(-)RAL SANITARY SEWER I�IPRCIVFMENT SR- 54h3. ACCEPT ('0MPLETED I..ORK BY JOE REINERSTON EQUIPMFNT C01PANY FOR NORTHERN DRAINAGE. PROJECT E-48 ACCEPT (COMPLETED WORK OF BARTLETT CONSTRUCTION, INC. FOR CONVEN'IION CENTER PHASE 11 FOUNDATION WORK INSTRUCT CITY \TANAGER TO REVIEW AND REPORT ON EXISTING CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY FOR GIXICABS. V()ID ANY PREVIOUS NEGOTIATIONS WITH SEAF.SCAPE OF MIAMI, INC. IN CONNECTION WITH LEASE AND OPERATION OF BID PARCEL "A" IN THE MIAMI MARINE STADIUM DUE TO A ('(INFLICT OF INTEREST FINDING BY CITY ATTORNEY APPOINT CERTAIN INDIVIDUALS 1.0 BUDGER REVIEW COMMI TIT;E: APPOINT CERTAIN INDIVIDUALS TO MIAMI WATERFRONT BOARD DISCUSSION IN CONNECTION WITH THE CITY OF MIAMI'S APPOINTMENT OF A REPRESENTATIVE TO THE DADE COUNTY SPORT'S AUTHORITY ACCEPT COMPLETED WORK*S.I,.. 22ND STREET H I (;HWAY IMPROVEMENT PHASE III-H 4418 UR(T FEDERAL GOVERNMENT TO ACQUIRE NECESSARY LAND P) EXPAND BOUNDARIES OF 13ISCAYNE NATIONAL AI"I110RI7.E THE CITY MANAGER TO NEGOTIATE WITH SI'ATF. OF RIDA FOR ACQUISITION OF CITY 0W!,'l:D LAND (FORMER SEABOARD RAILROAD TERMINAL PROPERTY FOR PROPOSED FORENSIC; HOSPITAL. ('RCE CITY RESIDENTS TO COMPLY WITH COUNTY ORDINANCE I�'S'!'EtICT'ING USE OF b'A'I'ER DURING PRESENT SHORTAGE EMERGENCY It-S 1 -418 R-81-419 R-81-420 R-81-421 R-81-422 R-81 -42 3 R-81-424 R-81-425 R-81-426 R-81-427 R-81-428 R-81-429 R-81-430 R-81-433 R-81-4 37 R-81-444 R-81-445 1 81-418 1 81-419 1 81-420 81-421 1 81-422 1 81-423 81-424 1 81-425 I 81-42h 81-427 81-428 81-429 81.-430 8L-433 81-4 37 81-444 81-445