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HomeMy WebLinkAboutCC 1981-02-26 MinutesCITY OF Ml Ml w COMMISSION MINUTES OF MEETINta HELD ON February 26, 1981 (REGULAR P & Z) PREPARED BY THE OFFICE OF THE CITY CLERK CITY H AL L RAL.,PH G,. ONGI CITY CLERK 5 - I 7 lirm Not r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1S 16 17 INCH( AI�SSIff- R-1Mit; FLf1RIti4 FEBRUARY 26, 1991 SIJDJG� f�� REGULAR * P & Z - r �IILLIriml l PAT NI APPOINTMENT OF CITY MANAGER I R=81=112 SECOND READING ORDINANCE: CREATE OFFICE OF INTERNAL AUDIT ORD. 9243 SECOND READING ORDINANCE: PROVIDE FUNDS FOR NEWLY I CREATED OFFICE OF INTERNAL AUDIT ORD, 9244 SECOND READING ORDINANCE: CREATE MIAMI AUDIT ADVISORY COMMITTEE ORD. 9245 FIRST AND SECOND READING ORDINANCE: ESTABLISH SPECIAL I REVENUE FUND "RESCUE SERVICES" ORD. 9246 FIRST AND SECOND READING ORDINANCE: PARKING CAPITAL PROJECTS FUND ORD. 9247 DISCUSSION AND DEFERRAL: TRANSFER OF FUNDS FROM VELODRO'IE TO NOGL'CHI EARTH SCULPTURE DISCUSSION AUTHORIZE ADMINISTRATION TO PREPARE PLANS FOR SURFACE STREET I1-TROVEMENTS IN THE DU-PONT PLAZA AREA R-81-113 DISCUSSION AND DEFERRAL: APPOINTMENTS TO "BLUE RIBBON ADVISORY COMMITTEE"(DUPONT PLAZA) DISCUSSION APPROVE DESIGN CONCEPT: DOWNTOWN GOVERNMENT CENTER R-81-114 APPROVE PHASE I-JOSE MARTI RIVERFRONT PARK R-81-115 AUTHORIZE EXECUTION OF SUPPLEMENTAL PROJECT CONTRACT 2-HOUSING PROJECTS DADE 8-6 RIVERSIDE AND DADE 8=7 COCONUT GROVE R-81-116 TRANSFER $12,463 - 3RD YEAR C.D. BLOCK GRANT FUNDS TO WYNWOOD ELDERLY CENTER, INC. R-81-117 ALLOCATE $10,500 TO COCONUT GROVE ASSOCIATION INC. SUPPORT FOR 1981 COCONUT GROVE ART FESTIVAL R-81-118 POLICY OF THE CITY COMMISSION: AUDIT REPORTS ON FESTIVALS, PARADES, EVENTS, ETC. M-81-119 4TH ANNUAL OPEN HOUSE 8 FESTIVAL (CALLE OCHO); CLOSE STREETS, ALLOCATE FUNDS, PROVIDE IN -KIND SERVICES.$10,000 GRANT FOR PBS TV -PRODUCTION OF EVENT R-81-120 M-81-121 DISCUSSION OF APPOINTMENTS TO BORING AND WRESTLING BOARDS (SEE LABEL 36 THIS MEETING) DISCUSSION APPOINTMENTS TO THE "STATUS OF WOMEN" R-81a-122 APPOINTMENT TO HEALTH FACILITIES AUTHORITY BOARD R-81=-123 APPOINTMENT TO THE CITY OF MIAMI MEMORIAL COMMITTEE R-81-124 APPOINTMENTS TO SUBSTANCE ABUSE COMMITTEE R81�125 "jjJ � No i wwww" 22 23 24 25 26 27 28 29 30 31 32 33 34 35 35,1 35.2 35,3 35,4 35,5 i 1t�fX C11Y�(il�i��lAhil� FlAR1ll4 FEBRUARY 26, 1981 SAW REGULAR * P & Z Milt #2 rsourfi trur�iQuc� lo, IPAT Nb. ACCEPT COMPLETED WORK: LITTLE HAVANA COMMUNITY CENTER BUILDING "A" R-=81-126 55 DESIGNATE NEWSPAPERS FOR "NOTICE OF SALE OF DELINQUENT SPECIAL IMPROVEMENT ASSESSMENT LIENS" NOTE: THIS WAS LATER DEFEATED BY A TIE VOTE SEE LABEL 26 DISCUSSION 56-57 CLAIM SETTLEMENT: FELIX WRIGHT R=81-127 58-59 ALLOCATE $5,000 CITY SUPPORT TO HAITIAN AO- DIMENSION CO,"ITTEE R-81-128 54-62 $ ftf•IVY oi 3 r1 se NpI F S b R�A�I OAE " CIAL ASSESSMrrr-tvMNS" DISCUSSION 62-63 PLAQUES, PRESENTATIONS AND SPECIAL ITEMS: DECLARE FEBRUARY 26, AS JACKIE GLEASON DAY IN MIAMI DISCUSSION 64 APPOINT C012%11TTEF TO MAKE PRESENTATION FOR SUPER B01,'L 1984-85 M-81-130 65-67 PERSONAL APPEARANCE: MARTIN FINE FOR PROPOSALS TO BE INCLUDED IN 1981 LEGISLATIVE PACKAGE TO BE PRESENTED TO THE FLORIDA LEGISLATURE M-81-131 67-71 M-81-132 ALLOCATE $15,000 PLUS IN -KIND SERVICES FOR ST. PATRICK'S DAY PARADE M-81-133 72-75 PERSONAL APPEARANCE: STUART SORG, JR. AND GENE MCLEAN REGARDING A BUSINESS DEVELOPMENT PROGRAM IN COCONUT GROVE TARGET AREA _ DISCUSSION 76-78 UTAIVE BUILDING PERMIT FEE FOR CONSTRUCTION OF "RONALD HOUSE" -AS PART OF JACKSON MEMORIAL HOSPITAL MEDICAL COMPLEX M-81-134 78 2ND PUBLIC HEARING: F.E.C. PORT PROPERTY M-81-135 79-91 PROPOSED ORDINANCE: EXTEND HOURS OF OPERATION FOR DISPENSING ALCOHOLIC BEVERAGES IN LARGE HOTELS (SEE LABEL #55 FOR FIRST READING ORDINANCE) FIRST READING 91-92 CONSENT AGENDA 93 ACCEPT COMPLETED WORK: AMERICAN ROOFING SERVICES,INC. $6,222,00 FOR TACOLCY CENTER -REROOFING 1980 R•-81-137 93 AUTHORIZE INCREASE OF $4,000 IN CONTRACT BETWEEN CITY OF MIAMI AND MIRI CONSTRUCTION,INC,-COMPLETION OF MIAMI-BUENA VISTA PARK R-81,138 94 ACCEPT BID: FROM JULES BROTHER INC. $16,490,00 FOR LITTLE HAVANA COMMUNITY CENTER -BUILDING "B" .DEMOLITION -81-139 94 AUTHORIZE PUBLICATION OF NOTICE OF PUBLIC HE FOR OBJECTIONS TO ACCEPTANCE OF COMPLETED WORK- CONSTRUCTION BY R09NCA CORPORATION OF ENGLEWOOD SANITARY SE4!ER IMPROVEMENT, ETC, =81-140 94 AUTHORIZE PUBLICATION OF NOTICE Of PUBLIC HE FOR OBJECTIONS TO ACCEPTANCE OF COMPLET Fp WORKe- CONSTRUCTION BY P,J, CONSTRUCT,ORS,INC, FOR NORTH 59 STREET HIGHWAY IMPROVEMENT R�;81-1(►� 4 i� PAGE #3 cI dfW=A IDA 11r1I + FEBRUARY 26, 1081 S CT REGULAR * P & Z QUMOIN Mi PAGE NO , 36 APPOINTMENTS TO: BOXING AND WRETLING BOARD 9-81=142 95-96 37 MOTION OF INTENT: CONTINUED FUNDING OF "NEW WASHINGTO i HEIGHTS ECONOMIC DEVELOPMENT CONFERENCE" TO MARCH 31-1981 M-81-143 96-97 38 DISCUSSION OF PROPOSED "DRIVE-IN TELLERS" ORDINANCE. M-81=144 97-99 39 DISCUSSION ITEM: WEST COURTYARD ROOF FOR "COCONUT GROVE EXHIBITION CENTER". DISCUSSION 99-101 40:A DISCUSSION AND DEFERRAL OF "POLICE DEPT, ACTIVITIES" (DEFERRED PENDING APPERANCE OF POLICE CHIEF). B DISCUSSION OF NEWSPAPER ARTICLE CRITICAL OF CHIEF HARMS IN CONNECTION WITH FLORIDA'S BAR MEDIA LAW CONFERENCE: DISCUSSION 101-103 41 DISCUSSION ITEM: CONCERT AT MARINE STADIUM,PORTION OF BIG ORANGE FESTIVAL DISCUSSION 104-106 42 SECOND READI`:G ORDINANCE: FUND PRE -DEVELOPMENT COSTS FOR PROPOSED WATSON ISLAND MARINAS ORD. 9248 107-108 43 PUBLIC HEARING: AMEND 53-86, 53-90, 53-93 AND 53-94 DEALING WITH DOCKAGE RATES AT PUBLIC MARINAS (DINNER KEY/MIAMARINA/WATSON ISLAND). MANAGER TO ANNUALLY ESTABLISH AND ASSESS DOCKAGE RATES UPON CONSIDERATION OF DESIGNATED CRITERIA (LATER FORMALIZ 108-133 ED INTO FIRST READING ORDINANCE) 44 MODIFY RESOLUTION APPOINTING CITY MANAGER TO EXTEND DATE TO MARCH 17TH COMMISSION MEETING (AMENDMENT TO 133 RES. No. 81-112 45 HIRING FREEZE; PERMIT HIRING IN DEPARTMENTS AS DESIGNATED M-81 -14 6 134- 14 0 46 VACATE AND CLOSE N.W. 1 CT, BETWEEN N.W. 1 ST. AND 4 ST. AND N.W. 2 ST. BETWEEN N.W. 2 AVENUE AND FEC, STATION - TENTATIVE PLAT -"DOWNTOWN GOVERNMENT CENTER" R-81-147 141-142 47 SECOND READING ORDINANCE; CHANGE ZONING CLASSIFICATION 1901 N.W. SOUTH RIVER DRIVE C-4 TO R-4 ORD, 9249 143-144 48 GRANT 1 YEAR EXTENSION OF CONDITIONAL USE; UNITED WAY- 955 S,W, 2ND AVENUE R-81-148 144 49 PUBLIC HEARING; PROPOSED IMPROVEMENT'S TO MARGARET PACE PART: M41-149 144-153 50 VACATE AND CLOSE PORTIONS OF ALL E)'; BRICKEI-1. AVENUE S,E, 14 LANE S,E, 15 RD, AND COSTA BELLA DEV. SUBS- "EAST BRICKELL TOWRR SUB" R-81150 154-155 to � 51 52 53 54 55 56 57 58 59 .R ARY 264 1981 SLUCTREGULAR * P & Z GRANT 1-YEAR EXTENSION OF VARIANCE: 1524 N.W. 14 AVENUE ACCEPT PLAT: SPEAR AND FELDSTEIN FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION-455=479 N.W. 6TH STREET FROM C=5 TO R-4 PRESENTATION AND DEFERRAL OF APPROVAL! BRICKELL STATION AREA PLAN FIRST READING ORDINANCE: EXTEND HOURS OF SALE OF ALCOHOLIC BEVERAGES IN LARGE HOTELS FIRST READING ORDINANCE: AMEND SECTIONS 53-86, 54-90 53-93, AND 53-94 DOCKAGE RATES AT PUBLIC MARINAS, DINNER KEY, MIA."1ARINA, WATSON ISLAND CONFIRMING RESOLUTION: CHANGE DATES OF MARCH COMMISSION MEETINGS TO MARCH 17, 1981 APPOINTMENT OF PERSONS TO SISTER CITIES ADVISORY BOARD APPOINT MARGARET PACE BURTON AS CHAIRPERSON TO THE CITY OF MIAMI MEMORIAL COMMITTEE INSTRUCT CITY ATTORNEY TO DETERMINE FISHING EXTENT ON VENETIAN CAUSEWAY WITHIN THE CITY LIMITS PAGE #4 soRa� (PAS NO, wrto� ° R-81-151 R-81-152 FIRST READING DISCUSSION FIRST READING FIRST READING R-81-153 M-81-154 1 M-81-155 R-81-156 MINUTES OF REOW AR MEtT1NG OF THE CITY COMM18910N of M1AMI, FLOkI A On the 26th day of February, 1581, the City C6 ►ission of Miami, Florida met at its regular meeting place in the City hall, 3500 Pan American Drive, Miami, Florida in regu- lar session. The meeting was called to order at 5:26 O'Clock A.M: by Mayor Maurice A. Ferre with the following members of the Commission found to be present: Commissioner Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre ABSENT: Vice -Mayor (Rev.) Theodore R. Gibson ALSO PRESENT: Richard L. Fosmoen, City Manager Robert F. Clark, Acting City Attorney Ralph G. Ongie, City Clerk Matty Hirai, Assistant City Clerk An invocation was delivered by Commissioner Carollo who then led those present in a pledge of allegiance to the flag. A motion to approve the minutes of November 26th was intro- duced by Commissioner Plummer, seconded by Commissioner Lacasa and passed and adopted unanimously by those Commissioners present. Commissioner Plummer indicated that Father Gibson had sent a list of items which he either wanted deferred or had questions on which were as follows: Agenda items 20, 21, 32, 33. G and 40. 1. APPOINTMENT OF CITY MANAGER. Mayor Ferre: We're now on Item 1. What is the wish of this Commission with regards to this :natter? Mr. Plummer; Well, Mr. Mayor, I think we have to understand what the alternatives are. Mayor Ferre; You all understand what the alternatives are, J. L. Mr, Plummer; Thank you, Mr. Mayor. Mayor Ferre; Make your motion one way or the other. (INAUDIBLE CONVERSATION) Fine, Okay. Let's see, by seniority I guess you're the next senior then I move that the Manager's contrast be extended until the next meeting which would be March 12th. I so move, Lacasa; There is a motion. do I hear a second? Mr, Carollo, Until ,March lath, the next City commission Meeting, second, FEB 26 ig8i The following resolution was introduced by Mayor Perke> who fn6Ved its adoption: RESOLUTION NO, 81-112 A RESOLUTION APPOINTING RICHARD P09MOEN AS CITY MANAGER OF' TIIE CITY OF MIAMI, FLOMA, SUSJEcT TO THE CONTINUED APPUI CABII,ITY OF HIS WRITTEN STIPULATION DATED 8EPTEM8ER 2, 1980, SAIb APPOINTMENT TO REMAIN IN EFFECT UNTIL THE NEXT MEETING OF THE CITY COMMISSION TO 8E HELD FOR THE PURPOSE OF CON= SIDERING THE SELECTION OF A CITY MANAGER $UT NOT LATER THAN MARCH 17, 1981. (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 Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Theodore R. Gibson. 2. SECOND READING ORDINANCE: CREATE OFFICE OF INTERNAL AUDIT. Mr. Plummer: Mr. Mayor, I have a problem in which we, the Commission, are ap- pointing a committee that is answerable directly not to this Commission. I understand that it is by all that is right that the Office of Internal Audits should report to the Manager.... Mayor Ferre: Are you referring to Item 4? Mr. Plummer: Sir, I'm referring to Item 2. I think 2, 3 and 4 in my book are all coupled together. Mayor Ferre: well no, in my opinion you could vote against 4 and that wouldn't affect 2 or 3. They're completely unrelated. I think there is linkage between them but I think one can survive without the other. In other words an audit committee has nothing to do... Mr. Plummer: All right, well, I understand what you're saying, Mr. Mayor, but in my packet, sir, as in your's I'm sure, items 2, 3 and 4 are coupled together so I was speaking to the issue not the individual and I understand. Mayor Ferre: Yes, Okay. Anything else? Mr. Plummer: No, the other parts I'm very much in favor of, AN ORDINANCE ENTITLED - AN ORDINANCE CREATING THE OFFICE OF INTERNAL AUDITS; SETTING FORTH THE DUTIES AND RESPOVS113ILITIES OF SUCH OFFICE; PROVIp ING FOR THE STAFFING THEREOF; FURTHER PROVIDING FOR THE AMEND- MENT OF SECTION 2-233 OF THE CODE OF THE CITY OF MIAMI, FLORIDA (1980) AS AMENDED, WHICH HAD PROVIDED FOR THE PERFORMANCE OF THE INTERNAL AUDIT FUNCTIONS ON BEHALF OF THE CITY BY TRANS- FERRING THE MANAGEMENT, SUPERVISION AND CONTROL OF SUCH FUNC TIONS TO THE OFFICE OF INTERNAL AUDITS; CONTAINING A REPEALER PROVISION AND A SEVERAEILITY CLAUSE.. Passed on its first reading by title at the meeting of February 11, was taken up for its second and final reading by title and adoption, On motion of Commissioner Carollo, seconded by Commissioner Lacasa, the Ordinance was thereupon given its second and final reading by tide and passed and adopted by the following vote: AYES; 142FES, 2 6 mm, I Mtt Comfitissionet Joe Carollo Coftmissioner Atfftando tacasa Commissionet J: L. P1uMer, Jt, Mayor Maurice A, Terre NOES: None, ABSENTt Vice -Mayor Theodore R, Gibson. THE ORDINANCE WAS DESIGNATED ORDINANCE NO, 9243, The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public, 5, SECOND READING ORDINANCE: PROVIDE FUNDS FOR NEWLY CREATED OFFICE OF INTERNAL AUDIT, AN ORDINANCE ENTITLBD- AN ORDINANCE AMENDINT SECTION 1 OF ORDINANCE NO. 9179, ADOPTED OCTOBER 3, 1980, THE AWNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 10, 1981, AS AMENDED, BY INCREASING THE APPROPRIATION FOR THE GEN- ERAL FUND, CITY MANAGER, OFFICE OF INTERNAL AUDITS, IN THE AMOUNT OF $290,967, BY DECREASING THE APPROPRIATION FOR THE GENERAL FUND, MANAGEMENT AND BUDGET, IN THE SAME AMOUNT; FOR THE PURPOSE OF PROVIDING FUNDING FOR A NEWLY - CREATED OFFICE UNDER THE CITY MANAGER'S OFFICE TO BE KN WN AS THE 'OFFICE OF INTERNAL AUDITS"; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on its first reading by title at the meeting of February 11, 1981, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Carollo, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Mr. Carollo, Mr. Lacasa, Mr. Plummer and Mayor Ferre. NOES: None. ABSENT: Rev. Gibson. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9244 The City ATtorney read the ordinance into the public record and announced that copies were available to the members of the City Com- mission and to the public. 4. SECOND READING ORDINANCE: CREATE MIAMI AUDIT ADVISORY COMMITTEE. Mayor Ferre: Item #4, moved by Commissioner Lacasa, seconded by Commissioner Carollo, J. L., I think this is the area. Mr, Plummer; All right, Mr. Mayor, I once again will voice my objection in which a committee - and we have seen where this has been a very poor procedure in the past with other committees - here is proposed to be answering directly to the City Manager, not to this Commission, we have seen in the past where these committees report to the administration and this Commission wound up getting the information that they wanted us to have and not the total picture. I am not necessarily referring to the present City Manager or to the City Man- ager that might come in the future, I am merely stating that if this committee is to be a watchdog it is to be a watchdog over the administration not to answer to them and I am just very much opposed that history has proven that this is a very bad procedure, Mr, Porter Homer: Mr, Mayor and City Commissioners, my name is Porter Isomer with Booge Allen and Hamilton, the City's consultants in this financial and management process program that is being carried on right #loW,'he intention - 1 43 FUG 1J of this committee is to put you, the City of Miami, in a position parallel to that Which A private business d6tPotat16n hat uhdet the cgeh6tal account- ng AM auditing standards now accepted in the ptofessioh acid business Wbtld and at least Ih out opinioh the general kind of standards that public ajdfid- jet ate going to be faced with dote and Mote in the future. With .respect to this d6ift ttee, it is a cofrtniittee which it intended to bting together a representative of the City Cosgiohi a representative of the Cityis admi.nit- tratioh And three outstanding citizens# to be appointed by the COttlillission and it is intended that it would be an advisory committee to the City C-6 mi.'Sion, it is intended that they would be responsive to the Cott►missiohi that they would recommend to you your actions in terms of hiring independent auditors, your actions in terms of review of auditors` recommendations and it is hot intended that it be answerable to the City Manager* the reason that we have included the City Manager or his representative on that committee is so that you will have representation from the administration. Mayor Ferre: That's not the point# Mr. Homer: Let's get right to the heart of the matter so we can move along. I have read ordinance #4 entitled "An Ordinance creating the Miami Audit Advisory Committee". I see no reference in it anywhere that this Audit Committee is subserviant to or reports to the City Manager. Would you tell me where in this ordinance it says that? Mr. Homer: I don't believe it says that, sir. Mayor Ferre: All right, who does an audit committee created by the City of Miami Commission report to then? Mr. Homer: It is created by and reports to the City Commission. Mayor Ferre: All right, is that abundantly clear in your opinion? Mr. Homer: That certainly was my intent when we drafted the ordinance and it was certainly my intent when we conversed with the City Attorney in finalizing the ordinance. Mayor Ferre: Mr. Clark, have you read ordinance #4? Mr. Robert Clark: Section 5(a) as well as Section 5 (c). Mayor Ferre: All right, Section 5(a), let's read it in its entirety because it is very simple. 5(a) says, "The duties of the committee shall include but not be limited" - these are duties - "recommending to the City Commission specifications and performance standards to be utilized in issuing invitations to qualified independent auditors to perform annual independent audits serv- ing the City". 5(a), what is the other one? Mr. Clark: 5(c) Mayor Ferre: (c) "Recommending selection of independent audit to the City Commission, such selection shall be based upon review and analysis...." and so on, review and analysis by the committee shall consist of such measures as are considered appropriate by the committee including but not limited to interviews and so on. Mr, Clark: The first line of Section 5(b) also.... Mayor Ferre: 5(b) "Seeking responses from qualified independent auditors to perform annual independent audit services for the City based upon specifications and performance standards as approved and revised by the City Commission." So in every instance here where there is a selection process or an advisory process it is to the City Commission. Is that clear in your mind, Mr. Clark? Mr. Clark; Yes, sir. Mayor Ferre; is there any question in your mind, Mr. Clark, that item na as submitted by Booze Allen and Hamilton represented here by Mr. Porter Homer in any way says in any place that this new committee will report to the City Manager or be under the direction of the administration or be part of the administration? Xr, Clark; No, it is the.,,, Mayor Ferre; My last question is in your Opinion is this $4ffiCiently dear and does this discussion of the legislative intent of this Commission - ? for one out of the four people here would stip'tlate that it is certainly my FEB 2 6s rV l ihtdhtion that when I cast thy vote in the affitthative on to is that it be very Clearly spelled out that this is a creature of the City Cottimission and reports to the City Commission. Is there any doubt in youf mind there is any cisntta- dietary language to that effect in this! Mr. Clark: No, the second line says it shall be the duty of the committee to advise and assist the City Commission to improve the effectiveness and useful- ness of the City's.... Mayor Ferrel okay, what is your objection, J. L.? Mr, Plummer: Mr. Mayor, my objection is very simple. The man who will be administering doesn't understand it that way and if he doesn't understand it that way and he is doing the administration it can only as father says start badly at the top and filter down to the bottom at the worst. Mr. Mayor, I ask you to read from the back up material, and the English language is fiery simple. It states, the two ordinances to create a Miami Audit Advisory Com- mittee and the Office of Internal Audits within the administration reporting directly to the City Manager, that's very clear. Now if the man who is going to administer this policy doesn't understand it I'm sorry. Mayor Ferre: Mr. Plummer, you're completely correct, I think that this memor- andum, Mr. Fosmoen, and I'll recognize you in a second, has nothing to do with Item 4. Mr. Plummer: It is in direct conflict. But if the man who is administering understands it that way then the ordinance be damned. Now let me go back, Mr. Clark, and give me the parts that you underlined. Mayor Ferre: Wait a minute, J. L., let's move along, we can clarify it, Mr. Fosmoen, can you clarify this for the record? Mr. Plummer: Well, Mr. Mayor, I do not know how he will clarify for the record when I have not made the record clear. Now, if you want to take half an apple I'm willing to go that route. Mayor Ferre: Yes, because I'm trying to save time. We've got Bill Colson who has a very expensive fee and all these other fancy lawyers, you've got a man here from Dallas and we want to get to them quickly. So clarify it so Plummer will be satisfied and we can move along. Mr. Fosmoen: Mr. Mayor, the phrase within the administration reporting direct- ly to the City Manager refers to the Office of Internal Audits, not the Miami Audit Advisory Committee. Mayor Ferre: So it was a drafting error, is that correct? Mr. Fosmoen: Of course. Mayor Ferre Mr. Fosmoen, will you stipulate that you fully understand and it is not your intention or that of the administration that the Internal Audit Advisory Committee reports to you or is under your control? It is not. Mr. Fosmoen: The Audit Committee reports to the City Commission. Mayor Ferre; Are you satisfied now? Mr. Plummer: No, Mr, Mayor, I am not satisfied because the ordinance is where we got into the problems before. You remember Reverend Kirkley standing before this Commission and he said to them, when I've got to report to the Manager and he launders my report and gives you what he wants to give you this is not shall, it is may. Mayor Ferre; Plummer, would you make your insertions so that we can move along, please? Mr, Plummer; My insertion is that this matter be deferred and the pity t'�ttAr- ney clear it up and make it mandatory rather than permissible. That is MY , , Mayor Ferre; Whore is it permissive? Would you please tell me? Mr. Plummer: it is permissive in the faot that they will adYse us, It, dpesn't say after they have gone through the administrat.jpn, lr, t4yor4 that is fine" for you to put Mr. Fosmoen on the record but quite Vossibiy f'gsmoen is not going to he here very long and how, is the new ma_n going t0 interpret it? Mayot Pefte3 Well, Mould you tell fne where in the 6kdihahce you have a prob= leti specifically, tilt: PP1umot? Mr, Piuf 6t: Yes, sit, very simply. It says here recottmehdih§ to the City Cori- faissiOh specifications and perfoittance standards, That doesn't say it shall be their sole duty to report to this Comissioh, Ma 'or Ferre: If y you will excuse me, it says the duties of the Committee "shah, not fty, but shall, Mr, Plummer: But not limited to, but not limited to. Mayor ferret Obviously not limited to, there may be 10 other things we want them to do. Mr, Plummer: Mr. Mayor, as you are well aware, I am all in favor, I was the strong supporter of those whole concept put forth by Mr. porter Homer, Mayor Ferre: Then why are you destroying it now? Mr. Plummer: Mr. Mayor, I'm sorry that you misunderstand my comments of try- ing to protect this Commission as destroying. You're the very one who says don't think negatively. I'm trying to think to the future. The future is how it will be interpreted by future managers. Mayor Ferre: Mr. Plunsner, with all due respects to you, sir, you had an ob- jection and a valid objection I think to the discrepancy between a memorandum and the ordinance. Obviously a written document, a legal document such as an ordinance supersedes any memorandum because an ordinance is law. Mr. Fosmoen's opinion is his opinion and a typo error is a typo error or a drafting error is a drafting error. Now, on the record we have asked on the ordinance what the intent of Mr. Porter Homer representing Booz Allen was. He so stated. I then asked the City Attorney what his interpretation was. I asked him speci- fically whether or not this thing was under the City or under the Manager. He said there is no question that it is under the City Commission. I then asked the Manager after you asked the question to clarify it, he clarified it. Then you switched your objection to the difference between the word shall and may. I then pointed out to you that in Section 5 it says the duties of the committee "shall", there is no may. Then you said that you were worried about "but not limited to" but "not limited to" doesn't mean a damned thing. Now I think this is patently clear, I don't think we ought to fool around with it any more and I think it is ready for a vote. Now if you want to vote against it that's your problem. Now the rest of the Commission can do anything they want. Mr. Plummer: Call the question. INAUDIBLE CONVERSATION Mr. Plummer: Yes, Okay, fine, I make a motion to defer. Mayor Ferre: Is there a second? All right, then hearing none then call the main question. AN ORDINANCE ENTITLED - AN ORDINANCE CREATING THE MIAMI AUDIT ADVISORY COMMITTEE FOR THE PURPOSE OF ADVISING AND ASSISTING THE CITY COMMIS- SION TO IMPROVE THE EFFECTIVENESS AND USEFULNESS OF THE CITY'S AUDIT PROCEDURES AND PROGRAMS AND TO DISCHARGE THE OBLIGATION TO SECURE ANNUAL AUDITS OF THE CITY'S FINANCIAL BOOKS AND RECORDS AS REQUIRED BY LAW; SETTING FORTH THE COMPOSITION, DUTIES A= GENERAL GUIDELINES OF SAID COM- MITTEE; CONTAINING A REPEALER PROVISION AND A SEVERABIL- ITY CLAUSE, passed on its first reading by title at the meeting of February 11, 1981, was taken up for its second and final reading by title and adoption. On motion of Commissioner Lacasa, seconded b�► Commissioner Carolio, the Ordinance was thereupon given :its second and final reading by title and passed and adopted by the following vote- AYES: Mr. Lacasa, Mr. Caro,llo and Mayor Ferre, NOES: Mr, Plummer, ABSENT; Rev, Gibson, THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9245, 11 a the City Attorney read announced that copies were fni bgidn and to the public: the ordinance into the public record and available to the rnembef s of the City Cot, Mayor Perfet J, t, just asked me a question about what we're going to do on some of these other items, As far at I'tn cohderhedo anything that has three notes or where there is a strong feeling by %embers of the Commission, we've got to continue running this City but wherever we have a split and it it a 2-2 type of thing or we have some very strong objections by members of the public or you know there is a strong division on an issue then I think we ought to wait until we have a full Commission. Is that acceptable to every- body*? Mr: Plummer: It's fine with me, 5, FIRST S SECOND READING ORDINANCE: ESTABLISH SPECIAL REVENUE FUND "RESCUE SERVICES". - AN ORDINANCE ENTITLED = AN ORDI.>IANCE ESTABLISHING A SPECIAL REVENUE FUND ENTITLED: "RESCUE SERVICES" PROVIDING FOR REVENUES THEREIN TO BE RECEIVED FROM THE SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY ADDITIONAL ONE PERCENT FRANCHISE FEE TO PROVIDE FOR THE FUNDING OF SALARIES AND RELATED OPERATING COSTS AND EQUIPMENT FOR THE FIRE DEPARTMENT'S EMERGENCY MEDICAL RESCUE SERVICES FOR FY 1981; CONTAINING A REPEALER PROVI- SION 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 COM- MISSION. Was introduced by Commissioner Plummer and seconded by Commissioner Carollo for adoption pursuant to Section 4, Paragraph (f) of the City Charter, dis- pensing 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 Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ASSENT: Vice -Mayor (Rev.) Theodore Gibson. Whereupon the Commission, on motion of Commissioner Plummer and seconded by Commissioner Carollo, adopted said ordinance by the following vote: AYES: Commissioner Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor (Rev.) Theodore Gibson. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9246. 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. 37 FEG 2 '81 Mayor Ferret Congratulationsr Chief, dust for the record, when are we going to have that sik unit operation? Mt. Plu�rt It has been in since March, no, not March. IN AbbiBl.E ittSPONSE Mayor Ferret What? When I misunderstand, !what is it you need? Chief Herman Brice: This was last year in March whenever the Phone Franchise Pee passed, we at that point because of the need put it in and funded, now, this will provide for us paying it back and continue the service forward. Mayor Ferret okay, thank you for the clarification. 6. FIRST & SECOND READING ORDINANCE: PARKING CAPITAL PROJECTS FUND. Mayor Ferret We're on the Parking Capital Projects Fund, this is the $110#000 for the Downtown Government Center Parking Garage and I assume that is the model we have before us. Mr. Fosmoen: That's the model in front of you, Mr. Mayor, it is approximately 800 cars, this would permit us to proceed with the working drawings and prepare the necessary documents to go to market with a revenue bond at such time as the market is appropriate. We want to.... Mayor Ferre: I don't see Mr. La Baw here, has this gone by the...? Mr. Fosmoen: Mr. Kaufman is here and will review with the Commission the steps that we have gone through in the design of this garage. Mayor Ferre: As I understand it, just so I can orient myself, Okay? To the right of this model is the museum? INAUDIBLE RESPONSE Mayor Ferre: On that corner right here is the corner of the new museum and where is our - the museum is where? Mr. Fosmoen: About a block away, sir. Mr. Plummer: Directly across from this, Maurice. Mayor Ferre: Oh, I'm lost then, tell me where north is. Mr. Fosmoen; Show him where the administration building is, Morris. Mayor Ferre: Where is the administration building? Mr. Plummer: North of there. Mayor Ferre: Is the administration right across the street? So that the people from the administration building can use this. Ms, Plummer; Cultural can use this. Mayor Ferre: Where is the expressway? Mr. Plummer; To the left, Mayor Ferre; To that the expressway right there? Mr, Plummer: Yes. ►yor Ferre; Then I'm confused about the mueetun, Mr. Plummer; To the right, mayor Ferre; Yes, but where you have your pen? 4 Mt 6 Plufi ot: No, it is Vhete he is standihq, Mayoft Pettet well, what is there them IMAM18tB RESPONSE Mr, Plummer: Well, that.'S utility plant and parking garage. Mayor Ferree Boy► I'll tell you I'm confused. You're telling the that people are going to walk that block, that we're a block away, and people are going to walk..:. Mr. Plummer: No, it isn't, Maurice, the corner is to the corner. Mr, Fosmoen: I have a map upstairs in my office if you'd like ire to get it. Mayor Ferree Well, I would assume that people would be prepared with maps. Mr. Plummer: Look, here is the street, Maurice. Mayor Ferre: Where is Flagler Street, Plummer? Mr. Plummer: Flagler Street is here. Right here will be the Cultural Center. Here will be their parking garage. Okay? It is like this. Mayor Ferre: I see, Okay. Mr. Plummer: It is where you and I used to go as a kid at the Biscayne Roller Rink. Mr. Lacasa: Long time ago. UNINTELLIGIBLE CONVERSATION. Mayor Ferre: Mr. Kaufman, I've just got two questions for you. Does this plan meet with the approval of the Off -Street Parking Authority? INAUDIBLE RESPONSE Mayor Ferre: On the record. Mr. Morris Kaufman: Mr. Mayor and Commissioners, the Off -Street Parking have been a part of this process all the way from the beginning. We invited Mr. Dick La Baw and Colonel Wolfson here this morning, I don't see them but they did ap- prove this. Mayor Ferre: How are you proposing that we proceed now on the financing of this? Mr. Fosmoen: Revenue bonds, sir. Mayor Ferre: will the revenue bonds be sufficient to put up that building? Mr. Fosmoen: Revenue Bonds will be sufficient, it may be - again, we're working with our financial advisors on the structure of that bond issue - it may be nec- essary to provide a secondary pledge. Mayor Ferre: That's what I'm trying to get at. Mr. Fosmoen: But we have not finalized a recommendation, it would come back to this Commission. Mayor Ferre: We are not deciding that today. Mr, Fosmoen: No, sir, you are not deciding that. We are deciding to proceed with the working drawings which if we can go to market in the next 90 days and we can furnish those working drawings in that period of time this garage can be completed within 18 months. Mayor Ferre; That's terrific, Now, lot one ask you another question. Kr, Fosmoen; JAut obviously there are some eccentricities of the market that are going to determine whether we go to it or not, 10yor Ferre; And lot me ask you this g4esticn, When the building is finished and all of that., we would then hays to turn it over for operation to the Off- Streot Parking, is that gorrePt?)9 Mt. Fosfnoent that is cottect, that is anticipated, Mayor Ferret Then theit primary obligation would be to pay off the debt? Rt. Pogtoent No# their obligation would be, a similar structure to the parking garage under the World Trade center. Mayor Ferret I understand, which means that their primary obligation is to pay the debt. Mt. Fosmoen: We would have the ultimate responsibility. Mayor Ferret No, what I'm saying is in simpler English is that the money that would flow from this project, the cash flow would be first utilized to the retirement of the debt and not to pay off other indebtedness of the off -Street Parking and not used for managerial fees or to run the Olympia nuilding, Gusman Hall and all these other... Mr. Fosmoen: You're correct, sir: Mr. Kaufman: Yes, sir. Mayor Ferret Is that right? Mr. Fosmoen: Yes, sir. Mayor Ferret And that is very clearly spelled out? Mr. Kaufman: Well, we haven't structured that but that is the way it would be structured. Mayor Ferre: Now, what are these three little buildings that I see in descend- ing order? Mr. Fosmoen: Commercial space. Mr. Kaufman: Those represent about 20,000 square feet of commercial space. Mayor Ferret Are they in existence? Mr. Kaufman: No. Mr. Fosmoen: That's part of the issue, sir. Mr. Kaufman: We will build that into this project. Mr. Fosmoen: There are currently no commercial facilities in the entire Govern- ment Center, restaurants nor any other service facilities. Mr. Kaufman: If you recall, Mr. Mayor, and members of the Commission, in Novem- ber..... Mr. Plummer: This was not my understanding. okay? This, Mr. Mayor, my under- standing was that the first floor or the first two floors in the main structure would be the commercial and I have no problem with that but now you're not in- corporating that in the building. You're going to use valuable land in my esti- mation which could expand upon additional parking and put the commercial under- neath like you originally proposed. I don't understand this at all. Mayor Ferret I'll tell you this, Mr. Plummer, I agree with you a hundred percent. Mr. Plummer: I'm in trouble. Mayor Ferret I think that any, this property - do you know what that property is worth now? It is worth well over $100 a sgure foot. For us to under -utilize that magnificent piece of property, that magnificent location at what 10 years from now may be within a block or two of the 100 point in downtown Miami with those three Tittle dinky buildings, whoever thought of that ought to be ashamed of themselves, with All due respects. Mr, Fosmoen: Mr. Mayor, may 1 make a couple of comments on the design? Mr. pltmmer: Mr. Mayor, also what is my greater fear is that it would stop "pansion in the future of the parking facility if you didn't build it ail at the present time, you know, 1 don't understand, Morris, am I W rQ_ ncj t was my understanding the first and poss the second floor of the structure would IV FFR 9� a 0 lily understanding the first and possibly the second floor of the structure would be used rot coitbOrcialt that Was the original understanding, Mf: XAUfinan: Yes, sir. this represents, Nit. Mayor and C6ftissionefsr about the Sixth iteration of how to site this project withifi the structure of the feasibility study. The feasibility study indicated that a garage of Approx- itmtely 1,000 and 20,000 square feet of commercial space was a feasible proj= Oct. In addition to that, if we use revenue bonds the requirements on the IRS, on the tax=free portion of the bonds indicates that you cannot build more than approximately 20% for other uses that: the garage and in keeping with this idea and to get the garage to its most efficient use of the land, we developed this scheme. Now, these were within the constraints of what we were told by our bond counsel as to what we could actually build. Mayor Ferre: Mr. Kaufman, this is just one man's opinion. Okay? In my opin- ion I am perfectly willing to vote for the garage with one exception, that I want for additional funds to be set aside for landscaping and beautification similar to the garage that has been built adjacent to and near the. j uniot col= lege which Mitchell Wolfson is so proud of and with good reason. And as you know, they have planters along the base. And as long as you add the funds to have more than just an ugly garage, and all garages are ugly, I haven't seen a pretty one yet except for Paul Rudolf's garage up in Harvard, I think that you need, that somebody needs to think a little bit more of beautification from an aesthetic point, and I think you can soften it by putting planters and getting those Asparagus Ferns that don't take a heck of a lot of maintenance to hang over the side like over at the parking garage next to the junior col- lege: And secondly, along with Plummer, I'm totally against the mis-use, I think the blatant mis-use of that property the way you show it there. I'm just totally against it. Mr. Plummer: Mr. Mayor, let me raise one other question. Mr. Clark, I have a strong feeling that this matter is going to be deferred or at least I hope I have that feeling. I would also like when you come back with this item that you research.... Let me put it on the record. Mr. Clark, I am only concerned in the Interama money. As I recall, there were some very stringent regulations as to what that money could be used for. I fought it bitterly and lost but now it is the assumption that it is the policy of this Commission that that stipu- lation put on by the State that those moneys could only be used for tourist related activities, I find hard to understand that a parking structure is a tourist related activity. I can understand it with the marinas very definitely but I think we would be hard pressed to explain what possibly in my mind is a contradiction and I don't want to do that. Mr. Fosmoen: Commissioner Plummer, it is a loan that would be repaid upon re- ceipt of the bonds. Mr. Plummer: Mr. Fosmoen, you've been here only three years, I've been here eleven. I will repeat to you the phrase that comes home truer every day - there is nothing more permanent around City Hall than temporary funding. Mr. Fosmoen: All I can tell you, Commissioner, is.... Mr. Plummer: I'm raising it for the record, if the City Attorney comes back and rules that it is permissive I've got no problem. Mr. Kaufman: Mr. Plummer, 50% of the intended users of this garage will be using the Cultural Center which could be called tourist oriented. Mr. Plummer; Are you going to tell Mitchell Wolfson what he's going to do and not? Mr, Kaufman; That is in our feasibility report, it is on the record, Mr, Plummer: Mr, Kaufman, you've only been around here a year or less. Mr, Kaufman; Four years. Mr, Plummer; Sir, do you recall then the violent argument we got into With Mitchell Wolfson, my good friend, about trying to dedicate half of the parking structure across from the educational college €or college use and he wear absol- utely banannas? Do you recall that, pi ? Is he At -ill heed of that authority? Mr, Kaufman: Yes, sir. Mr, Plummer; Thank you, What can we do, want it, what can we do to proceed? Mayor, to Proceed this morning, we Mayor Ferret What in effect we're doing here, as I understand it, is there are two things: Assigning $110,000 for the design of the project and approv- ing in principle the design. Okay? Now, I personally, CoiMi.ssionet PlUfter, have no problem with, if it is in agreement with you, proceeding with the design of the garage. Okay? I do have a problem along with you with prodeed- ing in the -design of this commercial building. We need to get going on this garage. Now,'the only problem that I have is I want to make sure that that garage can be expanded. 1 learned my lesson from you, and you said.... Mr. Kaufman: We can put two floors on this garage. Mayor Ferret All right. In other words, you're putting enough foundation in so that in the future we can add two more decks. Mr. Kaufman: Yes. And if the Commission so desires at this point we'll put either one or both decks on this project. Mayor Ferret Well, now that's your baby. Mr. Plummer: Maurice, I'm not an architect, you know, it's not my design. You see, here again, and I don't mean to harp on this because I do it all the time and some day somebody is going to realize it. My basic problem other than this that I brought out is the fact that this Commission told the administration this is what we want when it was presented and here somebody has gone out and run with the ball and done exactly what they want, not what this Commission wants, not what this Commission understood. It would seem feasible to me before a major change would be made in what is being presented that this Commission at least would be consulted. We weren't even consulted Here's a plan, 100 degrees different than what this Commission was under an assumption of. You know, I'm sorry. I want to proceed, Maurice, any way you want but damn it, the people doing it have got to understand where the buck stops and at this point they haven't understood that. Mayor Ferret well, make your motion, J. L. Mr. Lacasa: I understand, J. L., your concerns but I do have a concern and that is that in downtown Miami unless we develop right now parking we are going to end up in a very very ugly situation. I cannot see that museum or any of the other facilities that are going on in that area without adequate parking facilities now. On top of that..... Mr. Plummer: what's even more disastrous is the County is putting a museum in without even a tenth of what they need for parking. Mr. Lacasa: Okay, so that regardless of what - and I am concerned also about the fact that I just heard that the.County is going to build their office build- ing without taking parking into consideration, we will have to deal with that when the time comes but at this particular point what I don't see is how we can continue ignoring or postponing rather than ignoring the question of park- ing especially, I see that museum going up at high speed and we won't be able just to serve from the standpoint of parking this area. So that is my concern. I can see what you say but the problem is that unless we move, if we keep postponing this issue the end result will be that we will have the museum there, we have the other facilities and we don't parking to accomodate the people and the cars are going to be there. Mr. Plummer: My good friend, Armando, your thinking is very good but short sighted. That is a theory in my estimation, do something but do it quick even if it is wrong. The point I am trying to bring out here, that we can't think about just today, we've got to think about expanding of tomorrow and what I'm saying with this present proposal., we are precluded from expansion, Mr. Lacasa: Why? Mr, Plummer: Why? Because they're building where we could build future gar- age space, they're putting in there.... Mayor Ferret No, Plummer, I think your concerns are emminently correct and I agree that we should eliminate those three key buildings and furthermore, all we. should do right now is approve the design of the main parking stiucture, my Qn1Y question to you is do you want to now go to extra two floors or should we Ieave that in abeyance for further ,.,,, INAUPTP;X CONVERSATION R2I��r FEE 2 0 I-M Mr, plutfitter: befinitely I want the extra two floors] 1 would like to see a 1j500 spaces rather than 160o as we did at the ConVention Center, Mayor Ferro: J. L. j it trtay Clot be justified economically, Mr, votmoen: That's absolutely correct. Mayor ferret Okay, look, may I recommend,.., Mayor Ferret Maurice; how can you on one hand tell me there's not going to be adequate parking for the cultural and tell me on the other hand,,,: Mayor Terre: 880 may be sufficient, and my point to you is this, may Y recotn= mend that in your motion you do it this way, please, that you accept the recom- mendation of the garage as is, ask them to also design for the additional two floors, take it to the financial advisors to see which one of the two he can get money for: Mr. Plummer: I have no problem with that. Mr. Lacasa: Mr. Mayor, let me add something here, Mr. Fosmoen, we know that the County is going to come out with their building. How far will the building be, the County building from this location? Mr. Fosmoen: Approximately 2 blocks. Mr. Lacasa: Approximately 2 blocks, and you expect to see County people utiliz- ing this facility? Mr. Fosmoen: Yes, sir. Mr. Lacasa: Has any contact been made with the County? Mr. Kaufman: Yes, sir. Mr. Lacasa: Would they be willing to share in the cost here since they are going to utilize it? Maybe there could be some kind of arrangement with the County through which they will also share in our expenses there. Mayor Ferre: Armando, that's going to be financially feasible, I have no doubt it. We're not going to need anybody. Mr. Lacasa: Why shouldn't we need any money? The City doesn't have that much money to spare. If we can have the County who is going to use this to contri- bute.... Mayor Ferre: It's going to be revenue bonds which is going to be self -paying. There isn't going to be any need, if it requires funds of the City, which I don't think it will, then I agree with you that we should say, "Look, if we are going to underpin this with a million dollars you pay half and we pay half." Okay? But we're not there yet, that's not what's before us today. What is before us today is should we go ahead in authorizing the design and I think we ought to move along now and say yes, go ahead and design this thing but design it so that you have alternatives, one as a smaller garage and two as a larger garage and let the financial advisor tell us what he can get out on the street for the financing of this as a strictly revenue issue. Okay? Then we'll cross that bridge, I agree with you but that's not going to happen. The City doesn't have to put up any money on this. Mr. Plummer: I move it. Mr. Lacasa: Second. Mayor Ferro; Is there further discussion? Mr, Plummer; That also carries the proviso that it is subject to the approval of the City Attorney giving a written memo to this Commission; stating that the moneys from the Interama Fund are legal. Mr, Clark; I'm going to add a phrase at the and in order to incorporate the ,Provision of Commissioner Plummer, I'll read it as it i$ Written. (Thereupon the proposed Ordinance was read into the record) Said ordinance to become effective only upon receipt of a favorable written opinion from the City At- torney as to the use of the proceeds from the Interama land sale, A *;4 Q 1081 AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION I OF ORDINANCE NO, 9199, THE CITY'S CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE FOR FISCAL YEAR 1980-81, AS AMENDEb BY INCREASING THE APPROPRIATION FOR SUBSECTION XV, PARKING CAPITAL PROJECTS FUND (ITEM B.1.) IN THE AMOUNT OF $ll0,000 FROM A LOAN FROM THE CAPITAL IMPROVEMENT FUND, PROCEEDS OF THE INTERAMA LAND SALE, FOR THE DOWNTOWN GOVERNMENT CENTER PARKING GARAGE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND DISPENSING WITH THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR - FIFTHS OF THE MEMBERS OF THE COMMISSION. Was introduced by Commissioner Plummer and seconded by Commissioner Lacasa for adoption pursuant to Section 4, Paragraph (f) of the City Charter, dis- pensing 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 Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Theodore Gibson. Whereupon the Commission, on motion of Commissioner Plummer and seconded by Commissioner Lacasa, adopted said ordinance by the following vote: AYES: Commissioner Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor. Theodore Gibson. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9247. 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. _ 7. DISCUSSION 6 DEFERRAL: TRANSFER OF FUNDS FROM VELODROME TO NOGUCHI EARTH SCULPTURE. Mr. Fosmoen: Mr. Mayor and Commission, when they adopted the design concept for the Noguchi Park in Bayfront Park you directed us to negotiate a contract with Isamu Noguchi for the the design of the two fountains, that includes all working drawings so that we're ready to go to contract at such time as we re- ceive the additional funds necessary to construct the fountains. Before you is that contract for your approval. Mr. Kenzie is here from DDA, Karl Kern is here from Parks Department if you have any specific questions. Mr. Plummer: Item 8, I move that it be denied. Mayor Ferre; On what, why? Mr. Plummer: I move to deny it, I think that it is breaking the faith with the people, especially the people of the Velodrome who we have made a commitment to and as far as I'm concerned that was not the proposal set forth originally, I move that it be denied, Mayor Ferre: J. L,, the Velodrome has been a dream, you know I was the guy that came up with that, it was my dream, I've been defeated on that thing for five years, for God's sakes why continue with those funds when there is absolute- ly no, you know in five years we haven't solved it. 1 Lacasa: Where is a motion and I second that motion and T want to tell you, Mr. Mayor, that the question of the Velodrome, T an a31 for theTog�aohi thing. Mr. P u Mpr And so am I. Q '081 Mir, bacasa: I am all for that but not at the txpense of the Velodrome, Mayor Ferre: Okay, do you want to withdraw it# Mki Manager? Mir, Plummet: No, I'm not going to let him withdraw it. Mayor Terre: All right, call the roll on the deniali Do you want anything else? Mr, Carollo: I would like to make a substitute motion for deferral. Mayor Ferre: All right, there is a substitute for deferral, Do you want to defer it? Mr, Plummer: I'll defer it until hell freezes over, Thereupon, the City Commission on motion of Commissioner Carollo, seconded by Commissioner Plummer deferred Item 48 by a unanimous vote of those Commis- sioners present. Mr, Fosmoen: Mr. Mayor, do I sense from the Commission that the contract is acceptable if we can identify an alternative source of funding? Mr. Lacasa: Definitely. Mayor Ferre: You see, I think what it is is that there are an awful lot of bicycle enthusiasts around here who still have a dream of that Velodrome. If we had built the damned thing like we wanted to out there off of the marine museum on Key Biscayne we would have had the Velodrome and we would have Had olympic competition out there for the past two years but the County stopped us. Perhaps you go to bat and negotiate something else you might want to revive that one and see if the County might have a different viewpoint. Mr. Plummer: And let's don't preclude the new Sports Authority, Mr. Mayor. Mayor Ferre: You mean for the Velodrome? Mr. Plummer: Yes, sir. r Ferre: Okay. 8. AUTHORIZE ADMINISTRATION TO PREPARE PLANS FOR SURFACE STREET IMPROVEMENTS IN THE DU PONT PLAZA AREA. Mr. Jim Reid: On January 15th, the City Commission approved the Southeast Bank Development Order. Under State law that approved development order now goes to the South Florida Regional Planning Council for action and that action is coming up next Monday. Earlier a week or so I met with the staff of South Florida Regional Planning Council and at that time they indicated that they had three concerns with respect to the Southeast Development Order. (1) That the surface street improvements would not be completed at the time that the Southeast Bank intended to open its facility, and you may recall in the South- east Development Order we asked the State to complete the surface street improve- ments by that date. In the yet unadopted Gould Development order we have estab- lished a fall -back; position that if the State isn't prepared to do it we would be prepared to do it. So they have raised an issue regarding completion of the surface streets, we have in the resolution before you today a recommendation that if the State does not have the surface streets under contract for complet- ion in one year :- by September of 1982 - that the City would undertake that $78,000 obligation. That is one point. The second issue that they were con- cerned with was the pedestrian plan, the plan for the pedestrian plaza and it was the feeling of the South Florida staff that the plan for the pedestrian plaza should not only be adopted by the Miami City Commission, but should be Adopted by the South Florida Regional Planning Council, it is our contention and the recommendation to the City Commission that we, indeed, offer that council the opportunity to comment on the plan prior to its adoption by the City Commission but this is a pedestrian plan affecting the urban design of our City and not primarily a regional ,issue and one in which the City Com- mission shoudl retain the authority to act, Mr, Plummer: why not? F E 8 C21 Mt, Postioen: Why not have South Florida adopt it? Mt, plummets Nbi why preclude the Commission's fight? Mr, Positloen: That's exactly out point, Cotntnissionet, Mt, Pluttters No, that ish't what he just said, Mr. Fosmoen: Well, let the clarify it then. South Florida is asking that they be given approval then, in fact] veto over whatever design for the pedestrian system this Commission adopts. Mayor Ferret No, wait a minute, I think we're getting confused, Mr, Reid, with all due respects to you I think you've got to talk in plain English rather than in Planning language: Now, the plain English of it is this: We have something called the City of Miami Commission. We have something called the South Florida Regional Planning Board and Mx. Peterson as I understand it is going to recommend on Monday that the Planning Regional Council not accept what the City of Miami did, request that this matter be sent up to the Cabinet for their decision. Now,,:,., Mr. Plummer: That's called throwing the hot potato. Mayor Ferre: Well, that's called the law, they're following their procedure as is established by the Legislature. Mr. Plummer: No, I disagree, it is not following the law, it is taking it to its extent. He is not even allowing his council, he is prejudicing the thing in advance that he is going to throw it to the Cabinet, That's his prerogative. Mayor Ferret No, what Peterson is saying, and he's here to speak for himself, what he is saying is, "Look, I don't agree with what you guys in the City Com- mission did and I'm going to recommend that we take our next logical, I mean we asked you not to do it, you did it anyway and now we're going to do what we have to do which is appeal to the Cabinet." Now, what item #9 I think was intended to do was to say, "Look, there is an alternative to that and here is what the alternative is, Mr. Peterson, would you accept that and let's work with this before you go and take your next step which is too drastic, maybe we can solve it at this level, at a lower court, so to speak". Now,the procedure as outlined in Item #9 is almost as complicated as the procedure that Mr. Peterson has to follow to go to the Cabinet. Now, have I stated the basic issue prop- erly, Mr. Fosmoen? And we have here representatives of Southeast and Heinz, Gould isn't involved in this so he isn't represented and we have Mr. Peterson here. But I would ask for all of you as you address us please to keep it in simple English so that we can understand what the hell is going on. Mr. Plummer: Mr. Mayor, I appreciate your comments about the basics but what I don't understand, Mr. Peterson was here before and I asked repeatedly of Mr. Peterson, "What other problems have you got?" Let's address them, let's ad- dress the problems and it was my understanding that every bone of contention that Mr. Peterson had, that this Commission addressed and resolved. Now, Mr. Peterson, don't take this personally, please. All right, sir? To me what is being recommended by the Executive Director is nothing more than a stalling tactic. That authority has the right, as I understand it, and the law that next Monday they can approve is my understanding, am I correct? Mr. Fosmoen: They would take no action next Monday, Mr. Plummer: They have the right to approve. Mr. Reid: The council certainly can,... Mr, Plummer; That's right. Now, they're not being suggested that they exer- cise that right, okay? They're talking about immediately going through the time consuming process of getting it before the Cabinet, Mr, Reid, my original conception is still even stronger today in spite of the administration and in Spite of this council, these are two individual projects, Okay? Now, I am not going to let One investor - at this point that's ail they are r dictate to another investor and that is exactly the picture and the bottom sine that is happening, This is 4119wing one investor by Ptalling this thing out to dictate to the other, if you don't do what I want you to do 14M going to delay you infinit:um, And Mr, Reid, that is wrong{ T'tn sorry, it is wrong! Kr, Reid: Cotrrsissoner'iulRmer, the intent of the reoution before you is to cut through those issuep Ro that there would be,.9mv of the i*sues Qr' appeal would be removed so this is precisely what we want to do today, 4 4 Mt, Plutnmett Mt, Reid, how can you stand there and say that when Mt, Peterson is saying that he is going to tecobnend that it gd to the Cabinet? It's not baitig resolved. Mt, Reid! Mr. Plummer, I didn't say all the issues, I said some of the issues, Mt, Plummer: I'll tell you what I'm teady to do. I'll approve this today subject to their not deferting it to the Cabinet. How do you like that one? I'm all in favor of that. Any matter that we can resolve hate locally as the Mayor says at the local court, I'm all in favor of because I want to tell you and I want to tell Mr, Peterson- and you'd better listen well I'm going to hold the last word. You'd better remember that I'm going to hold the last woad: Now Mr. Peterson has indicated for the record, he said once you do this it's gone well, that's what Mr. Peterson thinks, and he's entitled to his opinion but I want to tell you as long as I've got those variances to approve or disapprove, baby; I'm going to have the last word and don't anybody forget it because the buck stops here. Mr. Reid- But fact we did, at your suggestion, Mr. Plummer, incorporate in the development order the fact that our Zoning Ordinance applies.... Mr. Plummer: What you're trying to do here is to appease the Council which _ are going to be recommending that they bump it to the State Cabinet and it's not going to work. Mr. Reid: Commissioner Plummer, we're trying to resolve some of the issues. Mr. Plummer: Let's resolve them all. Mr. Reid: Well, the other issues that cannot be resolved at this time are two- fold. (1) Is I think the Council prefers to consider the Southeast Bank and the Miami Center applications together. That's stated, and we cannot resolve that issue. Okay? The second thing is that they have stated in their appeal letter about the uncertainty of the DPM funding and that we should have a back- up plan for DPM funding. It is our feeling that if a back up plan is developed that is the surest way to assure that the federal funding is not received. We have a request of the federal government and we should stick by it. Mr. Plummer: Mr. Reid, I'm going to vote for this item but I want to tell you something, you're spinning my wheels because it doesn't mean anything. Okay? You're spinning my wheels because you're trying to appease Mr. Peterson and Mr. Peterson is already telling you he's going to exercise that authority that they have to delay this project and he's going to force this issue. That's his prerogative and I understand that. He has that right. Okay? But I'm telling you when the man is standing there telling you that it is going to the State Cabinet and you're telling me let's trying to appease him you're spinning my wheels. Mr. Reid: Commissioner Plummer, let me be clear in our intent. Our intent is to resolve issues that are going to be considered by the South Florida Regional Planning Council. Mr. Peterson operates the same way I do, he is a staff per- son to his Council as I am to this Commission. He proposes, the Council dis- poses and we want to resolve some of these issues so that the Council will act in a responsive manner to this development order. Mr. Plummer: Mr. Reid, I told you before and I'll tell you again let's bring Mr. Peterson back, let's resolve all the issues as I thought we had tried to do before. I said before, I kept repeating - "Mr. Peterson, what are your other problems? Please tell me." Please tell me, let's address them right now. Okay, look, I only have one problem with the ordinance..... Mr. Mayor, in Section 2 I have problems in Section 2 with the wording that says prior review..., for review and comment prior to review by this Commission. I've got a problem with that. Here we go again. People are going to be making decisions, not decisions, people are going to be making impressions and then they're going to come back here and if this Commission doesn't rubber stamp what they've already set into the wet concrete before it dries - this Commis- sion is going to set the policy - someday somebody around here is going to realize that. Ift. Fosmoen: Commissioner, the language is written so that it comes to you for final approval. You can make whatever changes you want in it at that point, Mayor Ferre: All right, add the word shall and delete may, tali me where to do that, F Fe 4 . Mr. Reid! Will review and approve or review and action: Mayor Fevre! Shall, Plummet is right about that. Mt. Plummet! Mr, Mayor, I've got no problem if Section 2 says, "'the administta= tion is directed to refer any second level pedestrian circulation for plan for DuPont plaza to the South Florida Regional planning Council for review and com- anent period. I've got no problem with that, they should do that but I've got a problem with the rest of that sentence and I want it strict. Mayor Ferret In other words you've got a problem with the words "prior to re- view by the City Commission". Mr. Plummer: Sure, Mayor Ferre: okay. Then, is that acceptable that we strike those words? .... Wait a minute, Plummer, one thing at a time. Are you recommending that in Section 2 at the end of the sentence that read, "prior to review by the City Commission of the City of Miami" be stricken? Mr. Plummer: Yes, sir. Mayor Ferre: Now, do you have any objections to that, Mr. Fosmoen? Mr. Fosmoen: No, it is simply a matter of timing. Mr. Plummer: That's right. Mayor Ferre: Now, do you have any objections to that? Do you have any objections to that? Okay, then it is stricken. Now, does that solve your problem, 1. L.? Mr. Plummer: I move Item 9. Mr. Fosmoen: Mr. Mayor..... Mr. Reid: We have one more. Mr. Plummer: Oh wait a minute, we're getting some yellow journalism here now. Mr. Fosmoen: Mr. Mayor, there is a new resolution with correcting language, Mr. Reid will describe specifically the changes for you. Mr. Reid: Section 2..... Mr. Plummer: Mr. Mayor, I ask for a 15 minute recess so we can read something that was thrown at us at the last minute. _ Mayor Ferre: Before we do that, J. L., let him explain what it is and then we'll take that. Mr. Reid: The only change that has been made is the recommended deletion of paragraph b in Section 1 which reads or 12 months prior to the estimated com- pletion of the Miami Avenue Bridge whichever condition is more lenient. We, in efferr, want to hold ourselves to the 12 month deadline for the completion of the road design. Mayor Ferre: Okay, I see what you're doing, In other words you want to delete the section that says, "or twelve months prior to the estimated completion of the Miami Avenue Bridge" and what you're saying is it has to be 12 months there- after period. Mr. Reid: That's correct, Mr. Mayor. Mayor Ferre; Okay, do you accept that, Plummer? Mr. Plummer; Yes, I accept it. Mayor Ferre: Okay, now, the only other deletion here is in Section 2 where after the word review you strike out from the word and comment prior to re- view by the City Commission, is that correct, Mr. Plummer? Mr, Plummer; Correct. Mayor Ferro; All right, Plunpo r moves as amended, is there a second? All right,, Mr,. Peterson and Bill, do you want: to address the CPm ssion? Okay, Mr, Peterson, why don't you say it on the record so we can get this on the record? Mr. Barry Peterson: Mr, Mayor; I think it is an imptovement in language, Ate you going to vote on the entire package shortly? Mr. Plummer: Yes► Mr, Peterson: I would like to address you before you do that if I might. Mayor Terre: Go ahead. Mr. Peterson: I want you to all understand clearly that the Council supports this development that is being proposed at DuPont Plaza and I do personally. I think any time you can take 4 vacant downtown bloci.s and turn them into projects that are going to create income and jobs for people it is a good idea. What the Council has said is that we need to make sure the public sector brings all the improvements that are necessary to make these things work in as they are necessary. There are several issues that 1 think it is important for you to be aware of. One is that we don't have closure on that in the order, we don't have closure. We don't have the mechanism specified in the development order to bring that stuff into being as it exists now. The second point that you need to understand is that the Council when it acts Monday cannot deal with what you are considering right now. It does not have any legal status, it is not part of the development order and all the Council can deal with is the development order. Mr. Plummer: Tell Mr. Reid that. Mr. Peterson: I have. It is kind of like the Sunshine Law, you don't like it but you've got to live with it so that's a constraint that we operate under. I don't particularly want the Council to have to appeal this order, I did my damndest to keep from getting into that posture but we're in that posture. Okay? The other alternative which I've discussed with your staff and with counsel for Southeast is re -opening and continuing the hearing on Southeast. That's the only way that exists for us not to have to enter into an appeal, either enter into an appeal or abandon the issues that we have raised and the Council has said are very important. They will make a policy decision on that Monday whether they want to pursue those issues, I think they will make that decision. Mr. Plummer: Mr. Peterson, are you indicating to me, sir, that I think there are 25 questions or 25 points which you have raised, 24 or 26 points - are you telling me, sir, that if Southeast acquiesces to every one in writing of those points that the Council doesn't have the prerogative of approving on Monday? Mr. Peterson: No, what has to happen after you have once developed, once you have adopted a development order what has to happen is that there has to essentially be a negotiation process where the City, the Council and the appli- cant sit down and agree on language. That is submitted to the City Commission Mr. Plummer: That's what I tried to do before. Mr. Peterson: I know. With proper notice, you act and then the Council gets it from you and makes a judgement as to whether it accepts it. Mr. Plummer: All right, then I have to ask of you and my City Attorney, is it permissible, you have raised or the Council has raised 24 or 25 points, whatever the number is it's in that neighborhood. Are you saying to me that if I get, I, the City, gets Southeast to agree to every one of those points in writing that I cannot reopen the Southeast approval of before and accept those as conditions to the approval? would that not put his Council in the position of approving on Monday and not bumping it to a time frame? Mr. Peterson: That's conceivable provided that you follow the legal. procedures, Mr, Plummer; I'm asking you and my legal advisors, sir, it is my understand- ing, and i could be wrong, southeast has some big boys and like the Mayor Says they've got some high priced help here and they've got to agree, that they have, in fact, agreed to every point, Mr, Peterson; That's true, we have negotiated with them: Mr,. Plummer; All right, sir, now for a ma or of trying to resolve on a local FFR level# trying to get this thing moving, I would like if it is agreeable to evetyone and it is legal, to make a motion of reconsideration attadhing those stipulations and lens get this thing over with on Monday, Now I don't know if it is possible, INAUDIBLE COMMENT PROM AUDIENCE Mr: Plummeri When you're ready, but first I would like to hear from my counsel. Mr. Peterson: absolutely. Mr, Clark: Commissioner Plummer, the requirement of having Southeast to become obligated to perform conditions would constitute a modification of the order which, as you know, had been noticed for 60 days, the entire procedure because of the affected parties to the order. We have followed that right up to the dot, we have complied with it and what you propose to do by making it obligatory on Southeast would constitute a modification of the order. If Southeast does all these things voluntarily and it is acceptable to the Council I don't believe that that would constitute a modification of the order as long as you don't re= quire them. Mr, Plummer: Oh, I'm not about to, I'm trying to get the time frame running. It is my understanding that Southeast is agreeable to all the points. Now, if Southeast says no, we're not then that ends it. Mr. Bill Colson: Mr. Mayor and Commissioners, I would like to ask that you approve this yellow piece of paper as amended. In response to the last sugges- tion, Commissioner Plummer, we would have to go back and give 60 days notice and then we would have to open up the public hearing and come back to you in order to get a development order. That would be longer when you add on to it the 45 days to go back to the Council that they would then vote on it, we're up at 100 and some odd days. So I would respectfully request that you pass.... Mr. Plummer: Mr. Mayor, I move Item #9 as presented in the yellow journalism. Mayor Ferre: And as amended. Mr. Plummer: No, that is amended, the yellow sheet is amended. Mayor Ferre: No, sir, your amendment was to strike out of Section 2. Mr. Plummer: Oh, I'm sorry, thank you. Mayor Ferre: "And comment, prior to prior to review by the City Commission." Mr. Plummer: Thank you, sir, I move it. Mr. Clark: So that I have a clear understanding, Mayor, the language you just used, if you look at Section 2, you want to period at the end of the word re- view? Mayor Ferre: That's correct. Mr. Clark: All right. Mayor Ferre: And strike out everything after that through the word "City Com- mission". Mr. Colson: Mr. Mayor, wasn't the period to come after "review and comment"? Mr. Plummer: Period, ahmen. Mayor Ferre: Review and comment, Okay. Mr. Clark: All right, I just wanted to clarify that, Mayor Ferre; Review and comment period, strike out "prior to review by the City Commission", Thanks for the correction. Ts that acceptable, Pluunmer? Mr. Flutnmer; That's what I thought I said, Y i H� *r.- FER t- ,1 U I The following resolution was introduced by Coffimissioner Plufftet, who moved its adoption: RESOLUTION NO. 81-113 A RESOLUTION AUTHORIZING THE ADMINISTRATION TO PREPARE PLANS FOR SURFACE STREET IMPROVEMENTS IN DUPONT PLAZA BY SEPTEMBERj 1982, DIRECTING THE MANAGER TO PROCEED ON SEPTEMBER 11, 1981 CONTINGENT ON ACTIONS BY THE FLORIDA DEPARTMENT OF TRANSPORTA- TION; DIRECTING THE ADMINISTRATION TO REFER ANY SECOND LEVEL PEDESTRIAN CIRCULATION PLAN FOR DUPONT PLAZA TO THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL FOR REVIEW AND COMMENT; FUR- THER STATING THE INTENTION OF THE COMMISSION TO CONDITION CERTAIN VARIANCES AND CONDITIONAL USES PERTAINING TO THE PARK- ING GARAGE IN DUPONT PLAZA BEING REQUESTED BY SOUTHEAST BANKING CORPORATION TO ASSURE COMPLETION OF THE PEDESTRIAN OVERPASS ABOVE SOUTHEAST SECOND STREET. (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 NOES: None. ABSENT: Vice -Mayor Theodore R. Gibson. Mr. Colson: Mr. Mayor, may I ask if in accordance with what you said before would Item 21 which affects us be postponed at the request of Father Gibson? I'm just asking if we can leave. 9. DISCUSSION & DEFERRAL: APPOINTMENTS TO "BLUE RIBBON ADVISORY COMMITTEE" (DUPONT PLAZA). Mr. Plummer: Mr. Mayor, I move that Item 21 be deferred, Father Gibson has indicated his concerns. Mayor Ferre: Well, let's wait until Carollo gets here because that is his baby. I tell you, it seems to me that as I understand it Father Gibson's concern is on his appointment. I think we should proceed in the appointments of the four other individuals, constitute the committee and let Father Gibson appoint .... Mr. Plummer: Mr. Mayor, according to this memo, sir, there are more concerns. Mayor Ferre: Joe, Mr. Coleson jumped to item 21 and I said that before we move on that.we ought to wait for you because that was your idea of having that blue ribbon five member advisory committee and my point on that is that I think we have all made appointments other than Father Gibson and it seems to me that we should constitute the committee and ,let Father Gibson have the right to appoint whoever he wants whenever he wants. Plummer says that Father Gibson has .... Mr. Plummer: Let me read, Mr. Mayor# Item 21. "I am not ready to appoint any- one to this board until I have heard all the details regarding the consultant for the project." It is not just his appointment and that which is furnished to me, Mr. Mayor, there are only three names that at this point have been proferred so everybody has not made.... Mayor Ferre; No, 1 have proferred Glenn Buff, architect, Mr. Mummer; Well, I don't have that, Mr. Mayor. Mayor Ferre; Well, you have it on the yellow sheet that is on front of you. Mr. Plummer; To me those yellow sheets are a waste of time, FE B 2 6 q 1981 f,� Mayor fetter Well, if they're a waste of time let me just for the record reiterate that as t Understand it, the committee that has been appointed it as follows: Mr, Millian..,.. Mr, Carollo: No, you've got the sheet.... Mr, Plummer: We go from yellow to pink, usually pink sheets mean,.,:, Mr. Carollo: We've got the white sheet now, we're in a different color, Mr. Xavier Suarez, Mayor Terre: All right, Mr. Suarez is appointed, Mr. Willie Barotto is ap= pointed by Lacasa, you have appoited who? Mn Plummer: Bill Klein. Mayor Ferre: And I have now appointed Glen Buff. The question is whether of not we constitute this committee and let it function or begin to function or whether we defer the item completely. It was your original motion, so I'll be guided by.... Mr. Carollo: It is my understanding, at least what I interpreted, that when the motion was made it was approved to appoint a committee and all there was left for us to do was each individual member of the Commission present a name and that would constitute the committee period. Mayor Ferre: That's correct. Mr. Carollo: So I think that the committee has been approved already. All that was needed to be done was for each member of the Commission to give the name of an appointee and that's it. Mayor Ferre: I think Carollo is technically correct, Bill. Mr. Colson: I do too. Mayor Ferre: In other words, if you remember at that meeting I proferred the name of Hugh Stubbins and the Commission at that point accepted that but there was a condition and the condition was that a blue ribbon review panel committee be also appointed and, you know, that was part and parcel of the motion. The only way that can be changed now is for somebody to make a motion to rescind that but aside from that that is already in place. The only thing that really remains is for us to make our appointments and I think what Item 21 in effect does is it just formalizes the appointment of the four individuals and Father would have his fifth appointment. Mr. Colson: May I ask one question? Father Gibson, Commissioner, has asked for the postponement. Now it is on there from what he read from a letter. Now, I'm asking is that I had not heard these appointments until this morning. I assume they're perfect appointments, I have no moment to suggest that they are not but I would certainly like to have the opportunity to know their names if you're going to formalize them and I think that the Gould people would, but if you're in a rush to appoint them I would remind you of this, that you all discussed, and I thought it was important, that where the architect, Mr. Stubbins, was coming down that you didn't want anyone looking over his shoulder and that the Commission would not act until Mr. Stubbins had come up with a proposal and then they would report in 15 days after that. Mr. Carollo: I think you misunderstood, Bill, now I made it clear (1) that we did not want this committee to be looking over the shoulder or intimidating in any way these people coming down but at the same time we made it clear that we wanted to form the committee and on their own they could start looking into whatever they wanted to, However, they could not get involved with the consulting firm until after the report was completely finished and then they would give us their opinion and look into the report and the consulting firm, on the other hand, with all due respect, Bill, I could understand you wanting to look over the names and Mr. Gould wanting to look over the names but I don't really think either Southeast or Mr, Gould have anything to say on whom any member of this Commission wants to appoint to that blue ribbon committee, Mr. Colson: The only point would be that if somebody had been involved in this project before with anyone, that would be the only material objection that I can possibly have. I nave no knowledge, because Z jt�st heard the n►ep, that anyone is and that would be the only question at 411, 22 Fin - 01 Mt, Catollot If that would be the case, I think you'rA otrect, if there is ghat could be construed as a conflict of interest. To my knowledge, I'th not aware of any with anyone here. fait, Colesoht I assume all you're doing today is just reporting your appoint - theists and if Commissioner Gibson hasn't made one he hasn't made one and he'll just do his later: He's the one that requested the postponement, I didn't, Mt. Plummer: Mr. Coleson, the streets of hell are paved with assumptions and good intentions. Mx. Carolloe I think the point that Commissioner Plummer is trying to make that there is a member of the Commission that requested, at least Plummer states, that he would like for this item to be deferred that we :L ,t publicly bring out the names of the committee that we're going to make. I have no prob- lem on waiting for Commissioner Gibson to came back and then each of us handing in our names and then actually formalizing this committee. You know there is no problem with that whatsoever. We could wait until them to formalize it. Mayor Ferree 1 want to make a statement into the record, Bill, you're not go- ing to be happy with this but I want to make sure that everybody understands where I'm coming from. Okay? I am very much in favor of the Southeast proj- ect as presented. Okay? I like it, it is a great step forward. I don't want to get into a situation where one project is held hostage to the other in either way and I'm getting a little bit of a sense of that, I don't think it is being done, 1 hope it isn't being done with any malice or intention, and this is just one vote - this thing went 4-1 last time. I want to just say on the record, and I know that a lot of people are going to be very upset with me, I'm willing to vote to rescind that order unless I see very clear good faith that we're go- ing to proceed in a logical way to develop in an orderly fashion the whole Dupont Plaza area. In other words that's how strongly I feel about it. And if I've got to vote to rescind I'm going to vote to rescind. If that's the only way that I can get these problems worked out. Now, I have never met in my life Hugh Stubbins, I've never net him. I've seen his work in New York City and I know who he is and I know that he is a friend of both Chuck Bassett's and Pietro Veluski. And I want you to know, and I put this on the record and I'll do it under oath that I did not talk to anybody, Roy Kenzie or anybody else about utilizing Hugh Stubbins. It was an idea that I discussed, and I'll tell you exactly who I discussed it with - Dan Paul, and he wanted to bring somebody from the outside. To that extent I think there was some discussion but there was no discussion as to who that person was and that was something that just occurred to me, it was a flash that came to me for a very simple reason that Hugh Stubbins is already in place designing the Metropolitan Dade County Build- ing, he's a non -controversial guy highly respected and evidently friendly with both sides. It was my intention in so doing to try to bring a sense of peace so that there could be an agreement between the two warring parties to come to a basic agreement. I don't plan to get into a big planning session to make a Master Plan for DuPont Plaza, my position, and I was criticized four years ago and I'll repeat it again: I would be very happy if downtown Miami ends up looking like downtown Houston. One of the editors of the Miami Herald took me to task four or five years ago when I made that statement, I'll repeat it. I've got no problems if downtown Miami ends up looking like downtown Houston or downtown Atlanta, I think that would be great and I've got no problems with that. I don't want because of the jockeying that is going around for one proj- ect to hurt the other and vice -versa. I would be very upset if the reverse had been true and Gould's project had been approved and Southeast was being held up. Now, I know there are some conerns about the Gould project and I share those concerns and I realize that Southeast went much further because you went to the design stage and you got your models and all of that and Gould has not done that but at this stage of the game we're not, you know it isn't required of the developer to do that. Now, you went ahead and did it and that's great but that's not required. You went ahead and took that first step. I'm very concerned that, and with all due respects to my friend Father Gibson, when I voted I voted with the majority on that 4 to 1 vote, I was one of those four. I am extremely concerned that the reverse may be occurring. Father Gib- son said he wanted to vote on these ,projects separately, I accept that. I ac- cept that as long as the voting for these projects as separate entities in no way jeopardizes the whole DuPont Plaza as a total project. But, if one side ends up using that as a wedge not to get ahead with their building but to stop the other project then I've got problems. Now, I want to reiterate that I do not think that that is the intention but if the effect ends up being that whether it is intentional or not is not significant and I have Some very ser- ious problems as to what is going on in this whole process, I hope that Stub* bins moves quickly, I hope that Stubbins gets into place soQn and that he is Ole to work out peace between these warring partias, �' FEB } ) Mr: Coleson: Mr. Mayor, may I make a comtnent7 Y think you'll like lily coin- theist, of course# when you call us wafting parties t have a problem with that because t know that we did is what you asked us to do in signing a piece of paper and Mr, Gould is the one that doesn't like that piece of paper and the only problem that we're having is with the pedestrian promenade, Aowevet, I can tell you that we were asked yesterday to have out architect; Chuck Bassett come froth San Francisco on Larch 17th to meet with the architect Stubbing and other parties, we absolutely agree, we talked to hits at 1 o'clock last night, he'll be here, we had delivered to us yesterday the first dtawings of the proposal that we have which is a very positive proposal on how to inter=cones nect pedestrians in these projects and so we are working on it, we're not warring on it, we will participate March 11th and I assure you we will not delay 10 minutes, it's not to our interest to do so. Mayor Ferre: All right, Mr. Lacasa, since you were on the phone let me just do it by asking the City Attorney a question. I want Southeast to proceed with their building, I want Gould to proceed with his building, I want to vote on them as separate items, I don't want one of them to be used as a wedge to stop the other one. If I make a motion to rescind the development order that was passed on February 26th - no, February llth, I'm sorry - Feb- ruary llth, I voted with the majority, it was a 4-1 vote so I can bring that up for reconsideration technically. Mr. Clark: Mr. Mayor, the action of the Commission in rescinding an order would have to be predicated upon the presentment to it of facts which would justify. Mayor Ferre: Please, there was a condition when we voted for the order, it had conditions. One of the conditions was that they come back within 30 days with specific.... working out that whole problem. Now that was further amended at the last meeting by putting Stubbins in. Mr. Clark: That conditon of the order was not, that is condition 14 and that requires that they come back with their promenade plans to the Commission, .... Mayor Ferre: Within what time? Mr. Clark: Well, it was scheduled.... Mr. Coleson: If we can reach agreement between the parties, and Mr. Gould came back to town and said he wouldn't agree with it, it's a very basic difference of what would be owned privately by him or publicly like you requested. Mayor Ferre: Well, but you see, my vote was conditioned on that being worked out one way or the other. Now, since.... Mr. Coleson: No, but then it takes the next step in the order and says, and I'm sure that Mr. Reid can tell you, that if we couldn't agree that you're to appoint a consultant and you did that at the last meeting. You're right on schedule, you've done exactly what you were supposed to do. Mayor Ferre: Okay, and what is the next step on this whole thing? Mr. Coleson: The consultant has to report back, Mr. Gould, I mean he can tell you. Mayor Ferre: Mr. Reid, what is the next step in this? Because I just don't want to preclude my legal right in the future that if there isn't an agreement that I an reverse my vote on this. Mr. Clark: The only condition is this one that we're talking about right now, the promenade plan, that one has yet to be resolved and it is in the process of being resolved as Mr. Coleson pointed out through the steps that you have taken. Mr, Reid; There are two avenues open to you, Mr. Mayor, it seems to me that one is that the Development Orderas adooted'by you requires that the zoning variances, our zoning ordinance procedures are incorporated as development Cori- ditionS so that this development will come to you on March 26th, the Southeast development if it follows the current zoning schedule for both the conditional permit on the garage and the height variance with respect to the height of the building. I would assume that if you don't have Satisfactory pedestrian,,, You know, that's one point. The second point is in the Development Order itself it's timing for the pedestrian plaza plan which must be approved by you, So you've got two check points on the pedestrian issue. Mr, Pl4werr; That's called a "gotcha". .4 FEB Mayot Ferre: I'ih satisfied: Mt, Ernie Pahhatto: I'd just like to make a statetfieit, it isn't a legal state= intent, I would just like to say that I think this thing is dragging out too long, There's too much of this and too much of that: This project, I fecoh- mended it and I said you should be low liberal with the variances and some of the things for the simple reason that these are hard times for the City of Ri.aiili., We've got crime, we've thousands of people in the City of Miami who ate c6ftitting crimes because they don't have jobs. this project is going to gen- erate as I hear, 40 or 50,000 jobs, 1 think it is hurting the economy of the City of these jobs, these people could be working and I think once and for all you folks should get together and have a general meeting with Mt, Could, with the bank and the South Florida Council, this should be one whole day or half a day, a meeting exclusively with these people and let's get the meeting of minds and let's do something instead of doing it piecemeal. When you do it piecemeal you just prolong it this thing, you're hurting not..., Not only are you retarding the efforts of the City of Miami people getting jobs, but tak=wise the taxpayers are losing money too, So I think that you should have one meeting and just exclusively with these parties involved and get it through the South Florida Council's objections whenever there are any objections, get it over with. But to do it the way we're doing it here, you're acting - I don't know, I don't think it is strictly business, Everybody seems to object to it, prolong it, one meeting, another meeting, another meeting and what is it? What are we coming to? You know as well as I do when it comes to zoning and planning there isn't anybody in this room can't attack the right or the wrong of a planning matter. I could do that, I was on the planning board for three years, And I want to tell you, I say you should be liberal on zoning and planning because of the high prime rate of interest which happens to be 18-19%. No man can build a project today unless you give him, create some incentives and if you don't create incentives in these buildings they're going to fall by the wayside. And I congratulate these people because I think they're great people that come in and build a project. We need the jobs, we need the tax reductions and let's get on the move, let's have one day. Mayor, I'd like to have you answer this question. Mayor? Why can't you have just one day instead of all the rest of the meeting, this is too important to do it piece- meal, with everybody? Like I said again, with everybody concerned. Mr. Plummer: I call the question. Mayor Ferre: Well, there is no question, we've already........ Mr. Fannatto: Wait a minute, I want an answer from the Mayor. Mayor, how about having a general meeting? Mr. Plummer: Ernie, as a right of a City Commissioner, Mr. City Attorney, I have the right to call the question. Am I right or wrong? Mayor Ferre: J. L., we've already voted. Mr. Carollo: Give 'em hell, Ernie, give 'em hell. Mr. Plummer; Mr. City Attorney, as a City Commissioner do I have the right to call the question? Mr. Clark: And the question is a motion to defer, is that correct? Mr. Plummer: The right to call the question. Mr. Clark: Yes, Mr, Plummer; Thank you. I call the question. Mayor Ferre; Mr. Clerk, did we vote on Item 9? Mr. Plummer; 21, Mr. Mayor, is before us, you're a motion behind. Mr. Ongie; We voted on Item 9 but we have not voted on 21 and there is no second, Mayor _Ferre: Nobody has made a motion, is there a motion fending, Item 21, and.., Mr, Ongie He made a motion to defer, Mr, plummer did, Ml yor Ferre; Item 21, and the question is there a second? Mk, Plummer: Was there a second? Mr. Ongiei No. Mr. Plummer: Oh, I'm sorry. Mayor Verre: So you can't really call the question. See; the only thing that I'm worried about is that somebody, I don't want anybody playing games on this thing and I'm afraid -- I'm not talking about you, Bill, I'm not talking about Southeast, I just don't want that one thing is tied to the other and that things have linkeages around here. Now, the way we voted on this thing, I want to re= iterate, was that we voted to get Stubbins to come in and try to help in the design of the pedestrian thing. Carollo insisted that the four, he rioted on it, he wanted a five member blue ribbon Commission. Now, that is already done so the only way we can change that is by a reversal, and I don't really know what we are going to accomplish by the deferral of the naming of these people. I understand, you know, Gibson wants but on the other hand... UNIDENTIFIED SPEAKER: Mayor Ferre? Mr. Carollo: I agree with you, Mr. Mayor, if Mr. Gibson wanted it I was going to do it out of courtesy for him but I think maybe if we called him up I think he would be understandina, I don't see what conflict it could bring. Mr. Plummer: May I make a suggestion, Mr. Mayor? If, in fact, and I was not here at the last meeting when this was done - after leaving here with the full assurances that it was going to be deferred - that if, in fact, the ordinance reads or the motion reads as it does then it is not going to be formalized with- out a five member board. Now, if what you're doing today is presenting these four names and then the fifth name will be presented later, at that time and only at that time will it he formalized. So what you're really in effect doing at the most today, unless you're going to change it to a four member board, is really proferring these names with one yet to come and at that time it will be formalized. Mr. Clark: Mayor Ferre.... Mayor Ferre: Excuse me, I think that there is no question that Father Gibson has a strong feeling about this, you know, I agree with both Plummer and Carollo that let's not, I mean out of courtesy to him let's defer this item. Mr. Plummer: I move we adjourn, anytime the Mayor agrees with Carollo and Plum- mer I think we're ahead of the game and we should quit. I move we adjourn. Mayor Ferre: All right, is there a second for a deferral on Item 21? Mr. Lacasa: Second. Thereupon, the City Commission on motion of Commissioner Plummer, seconded by Commissioner Lacasa moved to defer the item unanimously by those members present. ABSENT: Vice -Mayor Theodore Gibson Mr. Fannatto: Mr. Mayor, I asked you a question, why can't you get one big meeting here with all the parties involved, the South Florida Council and thrashed this thing out. Mayor Ferre: Ernie, you weren't here when we had that meeting. Mr. Fannatto: Well, you need another one then but not ten piecemeal deals. Mayor Ferre: Do you know how long that meeting lasted? How long did it last, Plummer? You were on for five hours, how long did it last in addition to that, two more? Mr. Plummer: Well, if you take up all of the time that we have devoted to it, Mr. Mayor, I would say that we have devoted more than 30 hours of Commission, public meeting. Mayor Ferre; So Ernie, with all due respects to you Mr. Fannatto; Look how many days and months you're going to...... Mr. Plununor: Ernie, let me give you a simple answer. Mr. Fannatto: Let me tell you you're acting in an immature manner here in this business deal, I can tell you that. P F E 5 2 n1 Mt, pluMott 14tj Fahhatto, a little bit of knowledge is dangerous, sit, Now, what you'd 'bettet understand is the full knowledge. The full knowledge is, sit, we can+t do what you want because this thing by law turf§ in tithe ftathes and we can only act on the tilt ftaMe and the mattet that is before us at the t ftie c the.te is no one theeting can accomplish it because you've got the South Pidtida Regional Planning Council inVol'Ved. You canhot do what you are sugl gesting.6 Mr. Fannattot I disagree with you, you have a right to your opinion and S have a right to mine but let me tell you something. You know what you're going to do? You're going to make Mr. Gould or one of these parties drop out of this thing. And you know who is going to suffer? Not you folks but the taxpayers. Ferret All right, we're now on Item 10, Thank you, Mr. Fannatto, 10. APPROVE DESIGN CONCEPT: DOWNTOWN GOVERNMENT CENTER, Mayor Ferree We're now on Item 10, that ties up to the previous one, is there a motion on that? Companion to Item 7 which we voted on. Mr. Plummer: I move it, Mr. Mayor, with the same stipulations attached here that were to the previous item. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-114 A RESOLUTION APPROVING THE DESIGN CONCEPT PRESENTED BY WILBUR SMITH & ASSOCIATES, INC., FOR CONSTRUCTION OF THE PROPOSED DOWNTOWN GOVERNMENT CENTER PARKING PROJECT; AUTHORIZING THE CITY MANAGER TO EXPEND AN ADDITIONAL $110,000 TO PAY FOR THE DESIGN AND RELATED SERVICES CONTRACTS THROUGH THE BIDDING PHASE, USING MONIES FROM THE PARKING CAPITAL PROJECTS FUND TO COVER THE COST OF SAID WORK, AND AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE FINANCING OF THE PROJECT. (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' NOES; None. ABSENT: Vice -Mayor Theodore R. Gibson. NOTE FOR THE RECORD: AGENDA ITEMS 11, 12 & 13 WERE DEFERRED. 11, APPROVE PHASE I - JOSE MARTI RIVERFRONT PARK, The followin<a resolution was introduced by Commissioner Catollo, who moved its adoption: F.ESOLUTION NO. 81-115 A RESOLUTION ACCEPTING AND APPROVING THE REMISED PHASE I DEVELOPMENT PROGRAM AND THE MASTER PLAN AND REPORT FOR JOSE MARTI RIVERFRONT PARK PREPARED BY THE ARCHITECTURAL CONSULTANT FIRM OF WALLACE, ROBERTS AND TODD; AND AUTHOR- IZING THE CITY MANAGER TO EXECUTE THE ATTACHED AMENDED AGREEMENT WITH WALLACE, ROBERTS AND TODD INCREASING THE SCOPE OF PHASE. I DEVELOPMENT BECAUSE OF THE AVAILABILITY OF ADDITIONAL FUNDING, USING PREVIOUSLY ALLOCATED FOURTH YEAR COMMUNITY DEVELOPMENT FUNDS FOR SAID AGREEMENT. (Here fo!!Qws bony of resolution, omitted here and on file in the Office of the City Clerk.) Upon beinu scc.cnded by Commissioner Plummer the resolution was passed and adopted by the following vote - AYES: Cain7issi.oner Joe Carollo �:oirtissioner Armando Lacasa Comm ssianer L. Plummer, Jr. Mayor 1�aurice A. Ferre NOES: None. ABSENT: Vice-,.:aycr ' necoorr R. Gibson. 12. AUTHORIZE E ,X E.CUTI ON OF SUPPLEMENTAL PROJECT CONTRACT 2-HOUSINT PROJECTS DADE 00-6 RTVt"RSIDE 6 DADE 8-7 COCONUT GROVE. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 81-116 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A SUPPLEMENTAL PROJECT CONTRACT RELATING TO TWO HOUSING PROJ- ECTS IN THE CITY OF MIAMI DESIGNATED DADE 8-6 (RIVERSIDE) AND DADE 8-7 (COCONUT GROVE) ALL PURSUANT TO THE BASIC AGREEMENT FOR FINANCING HOUSING IN THE CITY OF MIAMI, DATED AS OF JULY 19, 1976, AS AMENDED; MAKING CERTAIN DETERMIN- ATIONS WITH REGARD TO SAID HOUSING PROJECT IN ACCORDANCE WITH SAID BASIC AGREEMENT; REPEALING AND SUPERSEDING RESO- LUTION NO. 80-140, ADOPTED FEBRUARY 28, 1980 WHICH HAD AUTHCRIZEJ EXECUTION OF AN EARLIER SUPPLEMENTAL PROJECT CONTRACT. (Here follows body of resolution, omitted here and on Pile 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 Joe Carollo Commissioner Armando Lacasa Commissioner J. L, Plummer, Jr, Mayor Maurice A. Ferre NOES: None. ABSENT; Mice --Mayor Theodore R. Gibson. A 13. TRANSFER $12,463 3RD YEAR C.D. BLOCK GRANT FUNDS TO WYNWOOD ELDERLY CENTERS INC. The following resolution was introduced by Commissioner Catollo, who moved its adoption: RESOLUTION NO, 81-117 A RESOLUTION TRANSFERRING $12,463 OF THIRD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO WYNWOOD ELDERLY CENTER, INC., TO ENABLE THE AGENCY TO MAINTAIN PROGRAM OPERATIONS, INCREASING THE AGENCY'S ALLOCATION FROM $85,000 TO $97*463 FOR THE PERIOD JULY 1, 1980 THROUGH JUNE 30, 1981; AUTHOR= IZING THE CITY MANAGER TO PROCEED WITH SAME; FURTHER AUTHOR- IZING THE CITY MANAGER TO AMEND THE EXISTING SIXTH YEAR COM- MUNITY DEVELOPMENT SUBCONTRACT WITH SAID AGENCY. (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 Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. Absent: Gibson 14. ALLOCATE $10,500 TO COCONUT GROVE ASSOCIATION INC. SUPPORT FOR 1981 COCONUT GROVE ART FESTIVAL. Mr. Carollo: Move. Mr. Plummer: Second with an amendment. The amendment is that the monev not be paid until a full audit of the entire proceedings be supplied to this Commis- sion. Mayor Ferre: That the entire sum be what? Mr. Plummer: That an entire audited procedure be supplied to this Commission before it is approved. Mr. Carollo: Well, isn't that something that we always require anyway? Mr. Plummer: No, to this Commission, that's what we haven't required in the past. Mr. Carollo: Maybe we ought to make that a standard policy then, Mr. Plummer: I have no problem with that at all, Mr. Carollo: Leave it up to the Manager to...... Mayor Ferre; I'll recognize you to make that motion after we vote on 17. Now, is there further discussion on 17 as amended with the stipulation that before disbursements of any moneys that they submit to the Commission an audited state- ment? 4NAUPIPLE STATEMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mr. Plummer: Yes, l understand it but I want a full audit, I want to Know exactly this is after the fact, Okay? This is after the fact, ItJQ{V, that is to my advantage. It is to my advantage before I pay this money I want to sea a full audit of what the moneys were that were made by the committee, 29 FEB 2 6 1981 4 E Mt. Fostoen: Do you understand how this item..... ? Mr. Plummer: Oh yes, sure, I have no problem. But before these moneys are Maid I want a full audit, that's all. Mayor Ferre: All right, is that acceptable now? Any further discussion? The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 81-118 A RESOLUTION ALLOCATING THE AMOUNT OF $10,500 FROM THE CON- TINGENCY FWD TO THE COCONUT GROVE ASSOCIATION, INC. FOR THE PURPOSE OF PROVIDING SUPPORT TO THE 18TH ANNUAL COCONUT GROVE ARTS FESTIVAL HELD FEBRUARY 14 - 15, 1981 AND C0= SPONSORED BY THE CITY OF MIAMI. (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 Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice-^1avr;r ':'hertz.,-c ,ibson. 15. PO1_ILY OF THE CITY COMMISSION: AUDIT REPORTS ON FESTIVALS, PARADES, EVENTS, ETC. Mayor Ferre: All right, Carollo, for the purpose of making,a motion about audits on all festivals. Mr. Carollo: Yes, that from now on any moneys that are given out for any of these activities that we require an audit afterwards. Mr. Plummer: Within 30 days. Mr. Carollo: That's a reasonable time. The following motion was introduced by Commissioner Carollo who moved its adoption: MOTION NO. 81-119 A MOTION DECLARING THE POLICY OF THE CITY COMMISSION THAT IN CONNECTION WITH THE FINANCIAL SUPPORT GIVEN BY THE CITY TO PROMOTERS OF FESTIVALS, PARADES, EVENTS, ETC., THAT SUCH PRO- MOTERS SHOULD BE REQUIRED TO SUBMIT A COMPLETE AUDIT STATE- MENT OF CONTRIBUTIONS AND EXPENDITURES TO THE CITY COMMISSION WITHIN A PERIOD OF THIRTY (30) DAYS IMMEDIATELY FOLLOWING THE CONCLUSION OF SAID EVENT. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Armando Lacasa Commissioner J, L, Piummprp ,?r, Mayor Maurice A, Ferre NOES: None. ABSENT; Vice -Mayor Theodore R, Gibson, I 16 4tH ANNUAL OPEN HOUSE 8 FEStIVAL (CALLE OCHO) CLOSE STREETS, ALLOCATE FUNDS PROVIDE IN=KIND SERVICES $10,000 GRANT FOR P8S TV PRODUCTION OF EVENT. hadasae Move 18, Mr. Catollo! Second Mr, Plummer: Move to defer. Mayor Ferret There is a motion to defer Item 18, is there a second to the deferral? Mr. Plummer: We have no contract before us, if the deferment doesn't work I'll invoke the rule. Mayor Ferre: What? Mr. Carollot There's no contract? Mr. Plummer: I have no contract. How can I approve a contract I don't have? Mayor Ferre: All right, here's where we're at. We have a motion by Lacasa seconded by Carollo and then there is another motion to defer. We haven't gotten a second yet and Plummer said if he doesn't get a second for deferral he'll invoke the 5-day rule. Mr. Plummer: Mr. Mayor, you've got to. How can you approve an agreement that you don't have? Mayor Ferre: And I will not override that. Plummer, wait a minute. Mrs. Bellamy: Commissioner, we don't have an agreement but we have a recom- mendation to you to provide $14,000 to the organization. They are requesting $32,000 so we cannot have an agreement because we have not agreed on the terms. What we are recommending to you is what the staff, Administration is recom- mending and they are asking you for $32,000. Mr. Carollo: In other words the staff is recommending a maximum of $14,000. Mrs. Bellamy: That's correct. Mr. Plummer: And I have no disagreement with that. Mr. Carollo: They're asking for much more than that. Mr. Plummer: Fine, my disagreement is don't ask me to approve an agreement that is not before me. Mayor Ferre: Yes, but J. L., two points. Okay? Well listen to me now, I listened to you, you listen to me. Now, we've got two problems, one is that the damned thing is on March 8th so we don't have another meeting between now and then. The second problem that you have is this, I don't see that we required a contract with Kwanza Festival or with the Goombay Festival or with the Folk Festival, I've never seen a contract with them so why all of a sudden are we demanding a contract with these people when we don't have..... Mrs. Bellamy: Mr. Mayor, excuse me, we do have contracts and once we agree on the terms we have a standard contract that we negotiate after you've agreed on the terms, Mayor Ferre; And furthermore let me ask you this, We have never in the past, that I ever recall, approved a contract as such, what we do is we authorize the Manager to expend so much money for such and such a project. Mrs. Bellamy: We have entered into contracts with each organization for festib vales , Mayor Ferre; All right, Mr, Pantin, before we get any fgrther{ have you agreed now with this $14,0007 Mr. Pantin: Well, I would like to ask for a little bit more, and there are two items here that we have been discussing, I'd like to separate them that WAY, One is that on the police part we heed a little bit More of help or cash. (UNINTBLLIGIBLR BACKGROUND CONVERSATION NOT PLACBb INTO THE PUBLIC ACCORD) Mr, Plummer: You've got to change the wording of the resolution, Mr. Fosmoen: Flow do you want to change the wording, J, L,? Mr. Plummer: dust don't say approving an agreement when you don't give tie the agreement. Say we approve the moneys for the festival as we do for all others, I've got no problem with that. Mr. Clark: Commissioner Plummer, there is an item on the agenda that has a similar agreement for the Haitians, do you want to take a look at that and then approve? Mr. Plummer: Bob, look, I'm all in favor of the Open House 8, they've done a fantastic job. I would hope that the City Commission could give them more money than the $14,000, that will tell you where I'm at. But don't say to me in this wording you want me to support an agreement that you don't show me the agreement. Where is it? Mr. Clark: That's a comparable agreement. Mr. Plummer: I don't know. You tell me you want me to approve 818,000 to S2v,000 and you've got my vote, yes. Fine, I've got no problem. Mr. Pantin: Okay, two things we wanted, Maurice, one is that on the money part we asked for $10,000 cash because we need to pay - the police bill this year, for example, is $15,000, last year it was $8,000 and the City paid $4,000. This year it is $15,000 and the City is going to pay in in -kind ser- vices $4,000. Mr. Carollo: It is to pay for the new aquariums that they're getting at the Police Station. Excuse me, go ahead. Mr. Pantin: So in the cast report we need $5,000 more dollars or �4,0Gv and some and another part is the TV production underwriting we're asking. Mr. Plummer: Mr. Pantin, quit while you're ahead. I make a motion that this Commission support the Open House 8 Festival to amount not to exceed $20,000. Mayor Ferre: There's already a motion on the floor. Mr. Carollo: There is a motion, Plummer, you're out of order. Mr. Plummer: Excuse me, all right, the motion on the floor I don't think is what is acceptable. Mayor Ferre: You can amend it. Mr. Plummer: Hey, do what you want. Mayor Ferre: Well, how much do you want to give? Mr. Plummer: I said an amount not to exceed $20,000 and that will cover these other..... Mr. Carollo: Why $20,000? You were saying before that you can't go over the $14,000 ... . Mr. Plummer: No, I never said that. Mr. Carollo: Well, that's what you were getting into because we didn't have a contract but what happened to the contract stuff, Plummer? Mr. Plummer; I'm not worried about a contract, the administration brought it up . Mr. Carollo; You've got to be consistent, Mr. Pantin: Okay, $20,000 I assume is for the festival. itself. Q1c4y? We },a �� have a sepatate item that is here in the request that we have an offer to have A production made of the event to be televised ovet the Public Broadcasting Systeio; Last week; we went to CBC As requested by Mayor Fette, CBC gave us $60560 for the production that is going to be shown in the Spanish 'lntetnational Network in the U,S,, Mexico and Latit Afaetica with a potential of 254000,000 people. Now we need another $104000 from the City for that show to be shown Over PBS. Now we have, at this time, the latest of the offers from PBS. And if we don't get $10,000 from the City we don't have a PBS show, We have a guatatitee of the markets of N.Y.j Dettoit, Los Angeles, and you know we need that in view of 1160 Minutes" and "20/20", (At this point, the tecording microphone ceased operation and the remainder of the presentation was lareely unintelligible), Mayor Ferret Leslie, put it in simple English. How much money do you want, what is it you want? Mr. Pantin: We need the $20,000 that Plummer said earlier for the festival itself police, overhead; the whole deal. We need that, that's fine, that's exactly what we need. Then we need an extra separate item, $10,000 to underwrite the PBS broadcast about Calle Ocho. Mayor Ferret You want $30,000, is that what you're telling me in simple English? Mr. Pantin: Yes, sir. Mayor Ferret Now, the administration is recommending $14,000 you know the City of Miami doesn't have money and the TDC has $400000000. Now, I think you need to get, I told you, I've been asking you and I repeat over and over again that you need to go and get funds from the people who have $4,000,0006 Mr. Pantin: That's right. For the Channel 23, SIN which I spoke to you agout at the American Club, we did that and we got that, that is going on.Okay? That's separate. Mayor Ferret Then what do you need $10,000 for? Mr. Pantin: For PBS, Public Broadcasting System, an offer that came to us last week, the 24th of February, a couple of days ago which we had no time to... if we had the time to do that we would underwrite this ourselves from a commercial sponsors like Budweiser did it locally last year and that's the way we try to do everything. Mayor Ferret Let me ask you this. If we put up that $10,000 which seems very cheap advertising -- you're beginning to convince me - let me ask you this. Where will PBS show it other than in Miami? Mr. Pantin: We have a guarantee it will be shown in Chicago - it's going to go in their satellite network, Chicago, Detroit, Los Angeles, N.Y., LA, at least those markets Mayor Ferret If that is the case, that $10,000 would be very well spent. Mr. Pantin: And it is going to be locally produced by Channel 2.... Mayor Ferret Fosmoen, I'll tell you, if we can get public television to broadcast this thing in Chicago, Detroit, Cleveland, New York and all of that $10,000 is very cheap advertising so if a million people see it is well worth it, we're talking about pennies. You know you can't go wrong with that. Now with regards to the other $20,000, you're recommending $14,000 Mr. Fosmoen: Yes, And the reason for that, Mr. Mayor, is that last year we provided $4,000 in police service. They have asked for an increase in the number of police officers. If they want to increase the number of officers they should pay for them. Mr. Carollo: Well, maybe it is about time I put some confidence in our City Manager. Mr. Pantin: It was a mutual agreement between the City of Miami Police Department and ourselves to increase the police officer force to 70 police officers. Mayor Ferret 70? Mr. Pantin: 70. We have 300,000 people in the street that day. Mayor Ferre: Okay, what's the will? I think we've talked this one out, Mr. Fosmoen, make your statement and let's move on. Mr. Fosmoen: My only comment is that the Police Department is not recommend- ing 70 people, Mayor Ferret How many is the Police Department recommending? FEB 2 6 1981 Mr. Fosmoen: They are recommending 40 and they will be happy to provide half of that service which amounts to $4,000. Mrs. tellafwa Leslie, it is my understanding that you all agreed because the Kiwanis Club requested 70 police officers. Mt. Pantin: The reason to request the police officers..... Mayor Ferree But you made a mis-statement and I don't want you to leave that on the record: You said that the Police Department, now you're saying the Kiwanis recommended 70, Mr. Pantin: No, it was by mutual agreement, you know the police is not like you know, we can bring in singers from South America or what have you, some- body we would like to have in our festival, you know as far as we're concerned if everything went fine.... You know, we're spending $15,000 on policemen, you know. Mayor Ferre: I'll tell you what my position is. I agree with the $10,000 to go on public television, I've got no problems with that and I'll agree with the $14,000. Now, the additional $6,000...... No, it is 6 isn't it? Don't you want to go to 20? Here is the point. The Manager is recommending $14,000 they want $30,000.1 am willing to go up to $24,000 or $25,000.Listen,the Police Depart- ment says that they only need 40 policement, they want to have 70 policemen. You know, I've got to go by what the Police Department is recommending. Mr. Pantin: I want to restate that. Mayor Ferre: Don't over -kill, Leslie, you're going to get yourself $24,000, last year you had $4,000 for crying out loud, I mean, be satisfied. Mir. Lacasa: Th-� $6,00{) difference that we're discussing, for what is the $6,000? Mr. Pantin: The police bill last year was $8,000. This year, and again by mutual agreement with the police, it is $15,000. You know, police is some- thing that is not a luxury, it is not like decorations or any of that other stuff. You know, we don't want any trouble to happen in the festival. Mr. Carollo: Excuse me, Leslie, how much are you all asking for originally, 327 Mr. Pantin: Yes. Mr. Carollo: Okay, it is $8,000 difference. Mr. Lacasa: But the $8,000 are for the extra police? Mr. Pantin: Right. That's the difference basically between this year's budget and last year's budget. Let me mention this, Maurice. What we pay the City in City services is $15,000 and some dollars between the police and the garbage and the rescue and all that type of stuff. That is for City service type bills we have to pay either through in kind services or through cash. Mr. Lacasa: So in other words what you're asking for is $32,000 to have the Open House 8 from the City of Miami and that $8,000 difference is the question of the police. Mr. Pantin; That's right, and you know, we'd be glad to open our books up, you know. ,And again, we came up talking to the police with the 70 police number. Mr. Lacasa: I have to tell you this, to have that thing that we have every year with the kind of publicity that it means for the City of Miami for $32,000 it is a bargain for. the City of Miami. Mr, Pantin: We have no overhead, no payment for this..,.,, no staff Mayor Ferre: Make your motion. Mr. Plummer; No, there is a motion on the floor, l can't, Mr Lacasa: There is a motion on the floor. Mayor Ferro; All right, you want to move it just as it is, $32,OQQ?r 4 14 Mt, Plummets No, the motion teas Made by Mt, Carollo. Mt& t,acasas Ito, the motion was made by Me. Mayor Ferre: tt doesn't matteri 1 mean we're all for this thing. There is a Motion on the floor, it was technically made by Lacasa, seconded by Carollo and now you're about to amend it: Now.... Mr. Lacasa: What are the amendments? Mayor Ferre: Well, Plummer wanted to amend it: The question is, the motion is to approve $32,5984 Mr. Clarks That would be formed by simply adding at the end of the title and in the body "Cash assistance not to exceed a total of _ ", now the amount is where you are right now. Mayor Ferree All right, you want us to treat it as two separate motions? Mr. Clark: Yes, treat the festival, the resolution that you have before you separate before you go into the television..... Mayor Ferrer In other words you want two motions, one for the festival and then a separate one $10,000, cash support for underwriting a network TV pro- duction by Public Broadcasting. So what we have before us at this point of the game is $22,598 as shown. Mr. Clark: All right, then we'll put that right in the resolution that you have. Mayor Ferre: Do you want to amend that, Plummer? Mr. Lacasa: That's the motion, I accept the amendment. Mayor Ferre: well, there is no amendment at this point. Mr. Lacasa: My motion then to read exactly the way that Mr. Clark has stated and then I'll make the second motion. Mayor Ferre: Mr. Plummer? Mr. Plummer: Fine. Mayor Ferre: Further discussion? Mr. Carollo: What is the motion? Mayor Ferre: The motion is that we approve the expenditure of $22,598 for the fourth annual Open House 8 festival to be held on March 8th closing streets to through traffic during specific hours and establishing a pedestrian mall, further establishing the area prohibited to retail peddlers during the afore- said festival, further authorizing the manager to execute a support agreement setting forth the conditions under which the City will provide services and cash assistance in the amounts stipulated, it is $22,598. Is'that correct? Mr. Carollo: That's going to be the full amount, $22,000 plus? Mayor Ferre: No, then there is going to be a second motion for $10,000 cash support for TV production of Public Broadcast Service, Mr, Carollo: But we're coming back to approve the whole $32,000 plus amount. I mean Plummer was the one that objected first, he opened my eyes to what the administration was stating, that they had only approved $ 4,000, we're talking rather of approving another $10.000 .for the Public Broadcasting which I think is money well spent although I feel that if they were to act in time they could have gotten that money from some other sources. Mr. Plummer: Subject to..,,. Mr, Pantin: We got the offer from PBS a couple of days ago .,,.. Mx, Plummer: Joe, the second motion would only be subject to a guarantee of nationwide coverage, If they don't get it the $10,000 is not spent, Well. excuse me, the cities outlined by the presenter, Mr, Pantin: We've got no pr'Pbiem w t h t, of course, , VU FEB Mayor Ferrel The question is, as Carollo is asking, do we want to approve $22,000 or do we want to go back the $14,000 that the ?tanager tecomaiended. Mr. Lacasae My motion, Mr. Mayor► I have made a motion approving the $22,598, that is my motion, I call the question, if the motion is defeated then you can go ahead with another: Mr. Carollo: If that's the motion, let's go, I mean that's the motion. Mayor Ferree Wait a minute, don't cut off discussion on it now. Now, Leslie, that's what you want, is that it? You don't want to modify that? Okay. Mr, Plummer: Mr. ;•Mayor, before we take the roll - Leslie, I'm going to bring out a point to you. I brought it out before. I hope, I'm almost going to demand, you're running this festival between 27th Avenue and 12th Avenue, correct? That two of the intersections - I don't care which two, I would say 22 and 17 Avenue, be opened at times to vehicular traffic. Okay? I'm not saying totally, I understand, but to relieve the pressure that there be a gap where traffic can proceed so you don't back it up half way to Broward County. Okay? Mr. Pantin: J. L., we'll be glad to do that but again in talking to the Police, and when I talked to the Police I mean to the Department of Transportation, they requested that the first couple of years and they said it was better for the safety of the people not to do that and when they requested that we left 22nd and 19th open and they went back and said "No, don't do that anymore." We do have to leave 15th Avenue or some street like that for a fire lane that cannot be obstructed. Mr. Lacasa: The thing is this, the basic problem in the difference of money we're discussin here is the question of police. We are going to have over 300,000 people- there, people that will spend the whole day there, people that will be drinking beer and other liquors. I am not going to afford at least with my vote, the possibl'lity of not being absolutely aware of what 300,000 people mean there and be trying to save $8,000 at the expense of God knows what so I call the question on S22',598. Mr. Carollo: aet's get done with it, ;dr. City Clerk, I don't want my colleague to get bent out of shape any longer. Mr. Ongie: Mr. Mayor, on this adjusted motion who seconded that, on Mr. Lacasa's motion for $22,598? Mayor Ferre: Mr. Clerk, the motion was made by Lacasa, seconded by Joe Carollo. There was a question of how much the amount was. Mr. Ongie: Yes, I have the amount. Mayor Ferre: The counsel has stipulated that the amount is $22,598 and unless he objects to it as a seconder.... Mr. Carollo: The original motion was referring to $32,000, 32 plus thousand dollars, that's what we're voting, therefore, if we're going to make a new motion of 22 thousand plus I think we're going to have to rescind the mot4.6-n and the second that was made and make a new motion. Mr. Plummer: The City Attorney just said we've got to make two motions. Mr. Lacasa: It is the same motion, the difference is that the City Attorney for technical reasons wants two motions, one for $22,000 and the other for $10,000 The amount is exactly the same, $32,000, So what I am doing is accomodating the Law Department, ON ROLL CALL: The preceding motion introduced by Commissioner Lacasa and seconded by Commissic=per Carollo failed to pass by the following vote -AYES: Mr. Lacasa and Mr, Plummer. NOES; Mr. Carollo and Mayor Ferrel ABSENT; Rev, Gibson. Mr. Carollo; Before I vote, I would ,like to answer why I'm going to vote this say, 1 have for a long time taken the lead on this Commission in trying to cut back on the money that we're spending out. Every Commission l+ieeting there are several groups that come before this Commission that want money from the City and most of the times for good causes like this is, It 4 the problem being is that if we don`t start cutting the lines somewhere like i said before we're just going to be approving and approving. And you know Who it going to have to pay in the end? It's going to be the people like Myself, Leslie, that live in the City. And my taxes have gone up this year higher and I certainly would like them, garbage fees, we keep approving in- stead of cutting back and next year I'm going to have to be paying more in takes and in garbage fees and who knows what else, You won't, f will because I live in the City, I've got to pay it. Now, the City Manager roost of the tune, should I say a lot of times we have been in disagreement because he has Approved a lot more moneys than I would have liked to have seen. The Cit' Manager I see now made a recommendation for $14i000 plus dollars. The sta e- meat was made that the additional $8,000 is supposed to be for police service. Well, I think (1) that the City of Miami should have an ample force on duty that day to handle any other emergencies that might happen, any unforseen emergencies that might happen during that festival so that if they have to let go some of our units somewhere else in the City to come there it can be done. To my knowledge it has been a pretty smooth operation in the past, we haven't had any major problems, all minor problems. As far as how large of a crowd we're going to have there, we're only estimating at this point. I think that it is more than appropriate to approve the amount the City Man- ager recommended, $14,000 plus and to approve the $10,000 to get this coverage on the condition that we will get the coverage you stated. So I have to vote no because what I am in favor is approving what the City Manager recommended og $14,000 plus dollars and then going with the $10,000 for the nationwide coverage that we discussed. Mr. Pantin: What you mentioned happens that we get more police from whatever the City, you know, we came with the 70 police agreement, you know, together with the police. If we get them in -kind or cash we have no problem with that. If the City agrees to supply more policemen that's fine with us. Mr. Carollo: Well, I should think that the Police Chief could have done a much job in coordinating this effort with you and not have put down an extremely high number of police officers that I don't think are all going to be needed there. I mean I still think the City of Miami is going to have on duty more police officers that day than what he has required for your festival. So I vote no for the followinc reasons: I am in favor of $14,000 plus dollars but not the $22,000. Mayor Ferre: Now, the vote was....? Mr. Ongie: Everybody voted *yes except Mr. Carollo. Mayor Ferre: All right, Mr. Pantin, the Manager is recommending $14,000, you want $22,000, there is an $8,000 difference. I am in agreement with the addi- tional $10,000 for the national television but ten minutes ago you were about to agree to the 14,000 and now you thought that you were going to get - I don't blame you, you know if you can get more you can get more. We have to deal to- day with the Irish with the St. Patrick's Day Parade who wants $25,000, we have the Haitian group that is sitting here waiting to be recognized in a lit- tle while and we have got the responsibility which I think has to be under these difficult days carefully guarded. Now, I think the City, if this thing is defeated, and I'm going to vote no, I would hope that we will then do it on $14,000 and with that instruct the administration to make sure that there are police reserves that day working so that if there is need to call them in for any particular reason, and that solves your problem. You'll have more than 30 policemen available to you. Okay? So I think do your job with 40 policemen, if you need more they'll be there if they're called. Okay? And that solves the problem. Mr. Pantin: We want to avoid any trouble at the festival and that's why we asked..... Mayor Ferre; I want to avoid the problems too so I vote no and now let's re- do this thing. It failed two to two. Now, can you live with the $14,000? Mr. Pantin; If we have to live with it, your know what are we going to do?. We will have to have less policemen there. If he Police Chief gives us extra police ill -kind or what have you that's fine with c;s, Mayor Ferro: Mr. Manager? Mr. Fosmoen; There will be units on call in the City, Mr, Mayor, it is a mat- ter of deployment of resources and if there is difficulty obviously We'll res- pond to it. Mayor Ferre; Well, just make sure that there are enough policemen working that particular day so that if you .need 30 more policemen to hack xi p the 4 that will he on duty, and that solvee .V � , Mr, Fosmoen: It's simply a matter of where they're assigned, Mayor Perre: Then that solves the problem. Okay, now let's redo this motion then that way. Mir Catollo: I make a motion that we approve what the administration recom- mended, $14,271. Mayor Perre: All right, is there a second? Mr. Lacasa: I'm going to second the motion not because I think that ItI4;000 is the appropriate level at this particular point but that I see no other way to do it. I want to tell you, Mr. Pantin, and the members of your group that I commend the tremendous effort that you are doing and the sense of responsibil� ity of having come here to request the additional moneys, not for any luxuries but as you out it for something that is essential for an affair such as this and that is to assure the safety of 300,000 people and I expect them to be there because I have seen what you have been able to pull in previous years. So the reason I am seconding this, I repeat, is because I feel that there is no other alternative at this point. Mayor Ferre: To the maker of the motion, does your motion also include a paragraph that instructs the administration to safeguard that there will be a minimum of 30 stand-by police on duty that day that can be called should they be needed at that time? Mr. Carollo: Certainly, Mr. Mayor, and you know, this are some of the thines that really bother me. This should be something that our Police Chief should be responsible for, it shouldn't fall on our backs to do. You know, Leslie, I'm sorry but I sometimes feel that not only in this but many other activities that when people call for police service that our Police Department over -reacts tremendously in the amount of police officers they're telling the public for whatever activities they're having they need. And the only thing I could judge for is the times our Police Chief has been called in here like last week when I called him in here, and 14 10 Mr. Carollo: ...that shouldn't fall on out; you know$ backs to do. You know, Leslie, I'm sorry but you know, I sometimes feel that, and not only this but many other activities, that when people call for police service, that our Police Department over reacts tremendously in the amount of police officers they are telling the public for whatever activities they're having they need. And the only thing I can judge by is the tithes that out Police Chief has been called in here, like last week when I called him in here. And instead of coming by himself and maybe one aide, he brought close to 10 people along with him: So, judging from that I make my observations that way. Mt. Pantin: Our point, is if there is any trouble we shouldn't expect..o they can't blame it on not having enough people, especially requested by us. Mayor Ferre: That's why we want to make sure that there's...that's why, Leslie, I insisted that part of the motion include that there will be a minimum of 30 policement standing by that will be immediately available should they be needed. And that solves your problem. Okay? So call'the roll. Mr. Plummer: Oh no, discussion. Mayor Ferre: I'm sorry. Go ahead, Plummer. Mr. Plummer: Mr. Mayor, obviously you're not aware of what is happening in reality in this town on a Sunday afternoon. Mr. Mayor, I will tell you, and not with pride, that if we have 30 patrolmen in patrol on the street on a Sunday afternoon we're lucky. Okay? That's all City. All City. Now you know there's a companion to this thing and that companion is that we hope to spend $10,000 to get a$1,000,000 worth of publicity. And I'm all in favor of that. But I hope it fully is understood by the Manager and everyone else, that by voting against the increase of police personnel, that that $1,000,000 is not a disaster. And I want to tell you something, the potential is there. They had one episode last year that let me tell you something, almost turned that thing into a disaster. Because you're talking about not getting policemen there immediately. Do you realize what it takes to get through that traffic and through that parking, the havoc that is created by this thing? If you had 30 policemen standing by it would take them 10 minutes. And I want to tell you in my estimation, to spend $10,000 to get nation-wide $1,000,000 of disaster, I am very concerned. You see, they have now put us on the record that they wanted, and you're recommending against it. Mr. Fosmoen: No, I'm simply recommending they pay for them. Mr. Plummer: Okay, fine. Now if something happens, if something happens, God forbid. Mr. Fosmoen, I've put it on the record. You know it doesn't take but 20 seconds or 30 seconds, or 60 seconds for that t.v. capturing an incident that we would all be embarrassed about. And it can happen. They've put us on the record that they want 70. You are recommending less. Okay? And I'm going to go with your recommendation. I wanted to go with the higher number. It's called CYA. I'm doing it, I hope you do it. Mr. Fosmoen: Commissioner, if we were to attempt to avoid any incident, we'd put 300 police officers out there. We would call everyone in and put every uniformed officer out there. But to suggest to me that because we are not going to have an additional 30 officers there, and if there is an incident and it is not taken care of immediately that it is our fault, I don't follow that logic, Commissioner. Mr, Plummer: Well let me tell you what is illogical, Mr. Fosmoen, Mr. Fosmoen; We will have response officers available if necessary. Mr. Plummer; Mr, Fosmoen, let one tell you what is logic because you set these ground rules. Mr, Fosmoen, the Orange Bowl holds approximately 80,000, Approximately 25% of what you're going to have at that festival. A s Est FED' 3 Mt. Plummer (continued): Mr. Fosmoen, how many police officers do you hope to get there when a bolphin game is in ptogtess. Mr Fosmoent. Commissioner, off the top of my head I have no idea, Mt. Plummer: Well I'll tell you because it's your policy. Neat 80, Mr. Fosmoen: And that is one crowd... Mr. Plummet: That's 80 policemen for a crowd of 80,000. You were talking about, and justifying in your mind, that you're going to have roughly 3000000 and you don't want 70, you think 40 is adequate. That is not good rationale in my book, in any way, shape, or form. Mr. Fosmoen: Commissioner, that 80,000 is concentrated in one location, they're all exiting at one time, and as you know, Commissioner, even with 80 officers there there are still incidents in the Orange Bowl. Mr. Plummer: Mr. Fosmoon, you did your recommendation, I'm going to vote for it, sir. Mr. Fosmoen: Just to clarify the record, Mr. Mayor. Okay. Since the burden of any incident that occurs at the Calle Ocho Festival is now on the shoulders of the administration. Mr. Plummer: That's right. Mr. Fosmoen: The recommendation was that if they want 70, they pay for the additional officers. That's all. Mr. Plummer: No, that's not the question. That's not the question. Mayor Ferre: Look, look... Mr. Plummer: I'm going with the recommendation of the Manager. Mr. Carollo: I'll be happy to get you guys a good deal on a couple of so you can be standing there on guard. (LAUGHTER). So Lacasa can see a real , for once. Mr. Plummer: Mr. Mayor, I will acquiesce to my collegues authority and expertism on Mayor Ferre: All right, let's call the vote... Mr. Carollo; I'm glad you acknowledge that, Mr. Plummer. There is someone here who is qualified on that. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 81-120 A RESOLUTION CONCERNING THE 4TH ANNUAL OPEN HOUSE 8 FESTIVAL, WHICH IS TO BE HELD ON MARCH 8, 1981; CLOSING CERTAIN STREETS TO THROUGH TRAFFIC ON THAT DATE DURING SPECIFIED HOURS AND ESTABLISHING A PEDESTRIAN MALL; SAID STREET CLOSING SUBJECT TO ISSUANCE OF OF PERMITS BY THE POLICE AND FIRE DEPARTMENTS; FURTHER ESTABLISHING THE AREA PROHIBITED TO RETAIL PEDDLERS DURING THE AFORESAID FESTIVAL; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPORT AGREEMENT SETTING FORTH THE CONDITIONS UNDER WHICH THE CITY WILL PROVIDE SERVICES AND CASH ASSISTANCE IN THE TOTAL AMOUNT OF $14,271; FURTHER INSTURCTING THE CITY MANAGER TO INSURE THAT A MINIMUM RESERVE OF 30 POLICE OFFICERS IS AVAILABLE AND STANDING BY TO RESPOND TO ANY EKERGENCY ARISING AT SUCH FESTIVAL (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). L1 Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES! Commissioner Commissioner Commissioner Mayor Maurice NOES: None J. L. Plummer, Jr. Joe Carollo Armando Lacasa A. Fevre ABSENT: Vice -Mayor (Rev.) Theodore R. Gibson ON ROLL CALL: Mayor Ferre: My vote goes with the stipulation that the Manager has guaranteed that on that particular day there will be on -duty sufficient policemen, no less than 30 that can be on an emergency basis called to the scene if the are needed. And therefore, I vote yes. Mr. Lacasa: Now Mr. Mayor, on the second motion concerning this issue. I move that 10,000 cash support to underwrite a network t.v. production by the Public Broadcasting Service be allocated by the City Commission. Mayor Ferre: Would you add to that motion that that includes the City's, major cities in the united States. It won't be just local, it will be for major cities. Without stiuplating which major cities. Mr. Lacasa: I make that part of my motion and I want to explain this and I will have to take the time in explaining this because of previous comments. The City of Miami is an atypical city from the standpoint of view of its municipal government and economic development plans. This City, a basically tri-ethnic community which has been enriched by the ethnic background of its residents the multiplicity of cultural trades. And that has been one of the major assets that this City has had in promoting the City in other areas of the world, basically, Latin America. The City has escaped the recessionary period that the whole country is undergoing because of the influx of investment capital, commercial trade, and tourism that has come from abroad. Affairs such as this one, and this is not the only one. I can see that other people are here to promote other affairs along the same line to contribute to the concept that we are trying to promote. We promote the Trade Fairs of the Americas, we promote the Sister City Program, and we promote this City over seas and nationally with other states because our economy depends on that. To me, penny invested in this affair is a penny well invested towards the further development of this City from the economic stand point of view, out of which everybody benefits. Consequently, 'on this $10,000 that I am know moving that be allocated... Mayor Ferre: What? No. Mr. Lacasa: It is $10,000 that is going to get to this City and to this community the kind of publicity that we won't be able to buy if we were going to buy this for $500,000, and we are getting a very good bargain, and the rationale is right there on the record. So I move that the $10,000 be allocated. Mayor Ferre; All right, was there a second to that? Is there a second? Mr. Plummer; Second. I'm sorry, Mr. Mayor. The motion was $10,000 promotion for the coverage if it is approved by the PBS. Mayor Ferre: Yes. Mr, P1u=. er: I second the motion. Mayor Ferre, Further discussion? Call the roll is t 0' 9 1 The following motion was introduced by Commissioner Lacasaj who moved its adoption: MOTION NO, 81-121 A MOTION ALLOCATING AN AMOUNT NOT TO EXCEED $10,000 TO THE PROMOTERS OF "OPEN HOUSE 8 FESTIVAL" TO BE USED FOR A PUBLIC BROADCASTING SYSTEM T.V. PRODUCTION BASED ON SAID FESTIVAL WHICH IS TO BE BROADCAST TO CERTAIN MAJOR U.S. CITIES, CONTINGENT UPON AGREEMENT WITH P.B.S. 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 Commissioner Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: Vice -Mayor (Rev.) Theodore R. Gibson ON ROLL CALL: Mr. Carollo: Before I vote yes, I'd just like to make about another minute and go on back to some points that were made. You know, Fosmoen had a good point in some of the things he was saying. He's finally coming around a little bit here. And the point being is this, that even if we have 300 police officers out there, if we have 300 police officers that are afraid to act because they do not get the backing from their higher ups, that they are not receiving. Then you're going to have 300 police officers that are not going to be effective. And I would much rather have 30 police officers that are going to be exactly what the word means, police officer. And people that know they can act and enforce the law without having to worry about being threatened by some of their higher ups because they are too busy trying to be movie stars. I think I've made my point. I think the basic problem that we llave today with our law enforcement in the City, the main problem that we have in our department is that we have a tremendous morale problem, and th t or e problem is being caused by the lack of confidence in soiue of tie �eaership that we have there. I think it's more important to go out once in a while and be on the front lines with your men than being worried about whether you get an aquarium for your next credenza, or how much weight we're going to lift today, or is my hair combed correctly or not. I vote yes. 17. DISCUSSIOI`i OF APPOENTMEiITS TO BO IiiG Alit) `rTRESTLI- iG BOA:ZDS (See Label 36 This Meeting) Mayor Ferre: Take up, how about the Boxing and Wrestling Board. Now what did what's his name want to do... Mr, Plummet; Father asked that his appointment be Mr. James F. Kinnon, Mayor Ferrel Who? Mr. Plummer: James F. Kinnon, K-I-N-N-O-N. Mr. Carollo: Is it listed here? Mr. Plummer: Yes, it's one of them. Mr. Carollo: You know, if it's all right with Commissioner Gibson, I don't mind taking this up now. The only problem that I have is that I'm going through the list here and I'm seeing the vast majority of these people not only don't live inside the City of Miami but don't even have their businesses inside the City of Miami and that concerns me. Here we go again with appointing a majority of people to boards that have very little at stake in our City. You know, I'm opening up the floor for other comments or suggestions. Mr. Plummer: Well a comment, Mr. Carollo, in my case, is very simple. I will be nominating Mr. Goodman. Mr. Goodman, in fact, does not live in the City of Miami. I think he does practice his law in the City of Miami but... Mayor Ferre: Wait a mintue, Plummer nominates Goodman. Mr. Plummer: May I answer, Mr. Mayor? Mayor Ferrer I'm just trying to get this down, J. L. I'm slow at this things. Now Gibson wants to get Kinnon, is that his request? Mr. Plummer: That is his request. Go ahead, I'm sorry. Mr. Plummer: The reason I'm so strong on Mr. Goodman is simply because this man is the only semblance of keeping this thing together for the past years, who has expended a great amount of his own personal dollars to go and represent this City across the world and you know, I , that's my justification, Mr. Carollo. If you wanted an answer. Mr. Carollo: I didn't ask for one but no guts no glory, right? Mr. Plummer; Well I don't think it's guts or glory, sir. Mayor Ferre: Okay, Now whose your appointment, Joe? Mr, Carollo: It's my understanding that we didn't have to make individual appointments, We're going to be voting upon this,,. Mayor Ferre: I think, you know, in the past we've gotten into trouble because people feel that they've been left out so, you know,,.Lacasa, do you want to make your appointment and Mr. Lacasa; Yes, my appointment is Higuel Fecarey, Mayor Ferre; Okay, that's Lacasa, And I'll, let's see, I will $o with either Fernando Puig or Deimas, Is that Micke,,,Marie, is that Mickey Oeimas' brother? Well. then, I'll tell you, I'll go with Fernando Puts, ist E D9 Mir, Plummer! Moei that is Mickey. Mayor Ferre: Oh, that's Mickey Deimas. fames P, is Mickey. Mr, Plummer: I'm almost certain. Mr. Carollo: If we're going to have the opportunity; Mr, Mayors like it seems the new policy is starting to be that each member of the Commission can snake an appointment, then I would request either to be given a couple of minutes, or if not, I'll come up with my appointment later on in the afternoon session. Mayor Ferre: As you wish. Do you want to take it up this afternoon? Mr. Plummer: There's nothing wrong with that. Mr. Lacasa: Why don't we vote on those that we are now appointing and... Mayor Ferre: Well because Carollo... Mr. Lacasa: ...and we have Commissioner Gibson and... Mayor Ferre: Carol.Lo has requested... Mr. Plummer: Gibson has already made his nominiation. Mr. Lacasa: Oh, he has. Mayor Ferre: Carollo has requested...we'll take it up this afternoon. There's no big deal. Okay, we'll take 20 up this afternoon. That will give you time to think about it and react. (AT THIS POINT, THE ABOVE ITEM WAS TERMPORARILY DEFERREED UNTIL LATER ON THIS SAME MEETING) 1G. APPOIi4-T2aLINTS TO THE "STATUS OF 170i011" Mayor Ferre: Status of Women. Are you ready to go on that one? Mr. Fosmoen: The Chairperson of the Status of Women Commissioner... Mayor Ferre: All right, the Chairperson is here and you... Plummer... Mr. Plummer: Yes, sir. Mayor Ferre: You talked to Gibson and did he have problems with 22? Mr. Plummer; 22, there is no indication, Mr. Mayor. Mr. Fosmoen; Mr, Mayor, there is a particular... Mayor Ferre; No, I marked it down as one of things you said this morning, Mr. Plummer: No, sir, Item 20, 21. 32, Mr. Mayor, not 22. Mayor Ferre: I beg your pardon, Mr, Fosmoen; Mr. Mayor, there is a particular problem With this Commission in that their by --laws require a majority for them to take any action but there are only 10 members out of 20, So they are really in s state of limbo at this point, ist Mayor Ferre: Go ahead. UNIDENTIFIED SPEAKER: Yes. We have a list of people that we're recommending,., Mr. Ongie: Would you identify yourself for the record please, UNIDENTIFIED SPEAKER: ,,.on an ad -hoc committee. And we'd like to appoint 9 people to the Commission fully understanding that if you want to add anybody or delete anybody you're welcome to do so, Oh, my name is Olga Garay and my address..,so... Mayor Ferre: Excuse the for a moment. All right, I'm sorry. Go ahead, Ms. Garay: Okay, We have some people that have alread been sitting on ad -hoc committees that have been working with us for several months, and we'd like some appointments because we can't get a quorum and we can't get any business conducted. Mayor Ferre: I'm ready. I'm ready. Mr. Fosmoen: Mr. Mayor, you may note, in your packet that the second sheet of paper contains a list of recommendations from the Commission on the Status of Women and we have... Mayor Ferre: I'll tell you... I'll give you my names right now. Debbie Hale and Pat Skubish. Ms. Garay: Okay, you want to add those 2 names. Mayor Ferre: Well Debbie Hale is already on your list. Mr. Lacasa: I'd like to add to this the name of Margarita Ruiz. Mayor Ferre: Margarita Ruiz. Ms. Garay: Okay. So you have to pick 9 people. Mr. Carollo: I'd like to add to this the name of Mary Ellen Miller. Mayor Ferre: Mary Ann... Mr. Carollo: Mary Ellen Miller. Mayor Ferre: Mary Ellen Miller. All right. And Debbie Hale, and I added Pat Skubish. Plummer, who do you have. So far I've got 1, 2, 3, 4 names. You need 5 more. Ms. Garay: Well we've submitted some names already, Mr. Mayor. Mr. Plummer: Mr. Mayor, I don't even have a thing on the Status of Women. Mr. Fosmoen: 22 in your agenda packet. Mr. Plummer: No, sir. There is nothing in my agenda packet. I go from 21 to 23. Mr. Carollo; It's a supplemental package. Mr. Plummet: Oh, 1n the sup. Sneaky Pete. Mayor Ferre: All right. And I would also like to add Anne Marie Adker Mr, Plummer: Do you have any of the endangered species on there? Ms, Garay; Yes, This is a tri-ethnic commission and we'd like to,.. Mr. Plummer: Yeah, but what's you definition of tri-ethnic? Mr, Garay; Okay. We aiso have 2 :Hale candidates. Poch wh gs non -hispanic, F E l :� ist Mayor Ferret Anne Marie Adker is black, by the way. And.., Mt. Lacasa: And I'd like to add Anne Marie Brechnet,. Ms. Garay: Mr. Mayor, I+d .like to recommend that 5 people who have already been working with us on an ad -hoc basis be included in the final 9. So... Mr. Lacasa: Okay, We have so far recommended from the members of the City Commission 4. Mayor Ferret I have 6. Mr. Lacasa: You have 6? Mayor Ferret Debbie Hale... Mr, Lacasa: Debbie is on her list. Ms. Garay: Yes. Debbie Hale is aleady on... Mayor Ferret Margarita Ruiz, Mary Ellen Miller, Pat Skubish, Anne Marie Adker and Anna Marie Brechner. Mr. Plummer: Wait a minute. Skubish's name isn't on mine, Mayor Ferret We're adding. Mr. Plummer: Wait a minute, that's not from the list, Ms. Garay: No, they're adding names to the list. Mr. Plummer: Who is. Ms. Garay: You all. Mayor Ferret The Commission is. Mr. Plummer: Oh. Mayor Ferret Your peers. Mr. Plummer: My peers? How's that spelled, Mayor? Mayor Ferret I'm not going to comment on that because I don't want to hurt anybody's feelings. Mr. Plummer: Don't lose anything in the translation. Well, you know, all kidding aside, the anglo males... Ms. Garay: There's 2 that have been nominated. Mr. Plummer: I get back to my last question of the Mayor, Ms. Garay; What about the anglo males? Mr Plummer; What about them? Is it appropriate? Do you feel... Ms. Garay; Oh yea, other... Mr, Plummer: ,.,very strongly that you want males on the Status of Women Committee? Ms, Garay; Other committees on the Status of Women throughout the nation have had males serve on them before, Mr. Plummer; So it's your recommendation that they be Chere, Ms, Garay; lt's my recommendation that their resume b� Cons��iere�l the same as anybody else's, 11 tit. Plummer: Mr. Mayor, I think that really what we're Coming, or trying to come to and the reason this was deferred before was to put a balance. That was my understanding. And any question is not for comical reasons, I'm asking does the Committee themselves recommend that 2 men be placed on the committee, Now let's don't say that they're resume's are here. I know they're here. Okay. Are you saing that you feel that the committee would be much more balanced with some males on there or are you not saying that? Ms. Garay: I'm saying that of the resumes that I have submitted to you they are just as good a candidates as the rest. Now you have to pick 9 including some that have been recommended by the Commission. Mr. Plummer: Okay. Mayor Ferre: As I understand, you've got 3 hispanics, 5 blacks... Ms. Garay: Presently you mean? Mayor Ferre: Yeah. Ms. Garay: Yeah. Mayor Ferre: And 3 anglos, 1, 2, 3, anglos 3. So you have 5 blacks, 3 hispanics, and 3 anglos. Now the 9 that have been added...I mean, we only have 6, but they are 1 anglo... Ms. Garay: Mr. Mayor, of those 6, there is 6 people that were just nominated right now. We have a packet of 9 resumes that we have submtted. Mayor Ferre: I understand that. You said that before and I understood it before you said it, but I dont think you understand the situation. Gentlemen, we've got 3 more to go. Got any more? Lacasa, we have 3 more to go. Mr. Plummer, we have 3 more to go and she's recommending that we take into account their recommendations. Mr. Lacasa: I will gladly take her. recommendations into account for the other 3. Whichever you want to nominate... Mr. Carollo: Mrs. Gene Hancock. Mr. Lacasa: I'll vote for. Mr. Plummer: You nominate him, I'll second it. All right, add it to the list. Mr. Carollo: Mrs, Gene Hancock. Mrs. Gene Hancock. Mr. Plummer: I thought you said Gene, Mr. Carollo: Mrs. Hancock. Mr. Plummer: Can Gene trust her? Mr, Carollo: We'll find out. Mayor Ferre; Peggy Hancock, You have 2 left, Mr. Plummer; What about Debbie Hale. Is she on the list? Ms, Garay; Okay, I want to stress that there are people.., Mr, Carollo; She lives in the City top Flumer, st I # 0 AEU 2 5 1981 Ms, Garay: Sit, I'd like to stree that there are people that have been actively working with the Commission for a period of months and I really would like to see those particular people be recognited. Mayor Ferre: Who are those people? Ms, Gatayi Okay, On your packet they say ad -hoc on those resumes, One is Maria Elena Llansa, Sylvia Foremen, Sue Martini and Wanda Green, Now those 4 people I really, you know, would stress.., Mr, Lacasa: Okay. I will withdraw the name of 1 of mine so you can have 1 of these people. I will withdraw the name of Anna Marie Bechner so you can have whichever one you want out those 4, Pir. Plummer:I ain't buying that. (INAUDIBLE BACKGROUND COMME-NT PLAChD OUTSIDE OF THE PUBLIC RECORD) Mr. Lacasa: Okay, but I have one. I can withdraw that. I will withdraw Anna Marie Bechner so she can have one of hers. Mr. Plummer: Oh no, you have to withdraw them all. Mayor Ferre: Now let's go over them one by one. Debbie Hale is on your list anyway. Margarita Ruiz, whose recommendation is that? Mr. Lacasa: Mine. Mayor Ferre: ,Mary Ellen Miller is your recommendation. Pat Skubish is mine. Marie .... and Anne Marie Adker. Have you talked to her? Does she want to serve? Has anyone talked to Anne Marie Adker. She's black. That's the only black person we have on this new list. Mr. Garay: Of my 4 recommendations, one of them is black. Mayor Ferre: Who is black. Ms. Garay: Wanda Green. Mayor Ferre: Wanda Green. Ms. Garay: And she's been serving on the Committee. Mayor Ferre: That leaves you 3. Now, all right, who can... to give here the 4 that she wants, who can... Mr. Lacasa: I withdraw Anna Marie Brechner. Mayor Ferre: That means that there is 3 left. Of the list that we have... Mary Ellen Miller. Joe, is Mary Ellen Miller an American? An anglo? Mr. Carollo: Yes, she's one of those species Plummer was complaining about. Mr. Plummer: What? Mayor Ferre: I've got 3. Come here, Marie. I've got 3 names here so let me withdraw one. Which one do you want to withdraw? I have 3 people here. Debbie Hale, Pat Skubish and Anne Marie Adker. Now which one of those 3 to do you want to withdraw. All right, let me ask you this. Debbie Hale doesn't live in the City, right? Ms. Garay: Right. Mayor Ferre: So I'll drop Debbie Hale on my list. Mr. Plummer; When i put her on it. Ms. Gatay: 'Wait a minute] wait a fninute. You're dropping Debbie Hale? She's the only One that is on both of out lists. Mayor Ferte: Okay. Then I'll leave Debbie Hale on. Now; Maria tlansa, does she live in the City? Ms, Garay: 3135 S.W. 90th Court. Out by-laws don't say... Mayor Ferre: She doesn't live in the City, All tight, how about Sylvia Forment? Ms, Garay: Yes, she does. Our by=laws do not indicate that you have to live in the City, just that you have to be representative... Mayor Ferre: Yeah but I'll tell you, I am not for any committee where everybody lives outside the City. So you can forget it. I'm just not for that. Ms. Garay: Okay. So you think that that's a true criteria. Mayor Ferre: It's not a true criteria in every case but I think the majority of the people that are dealing with the City of Miami should live in the City of Miami. Now for you to have all these people, none of which live in the City of Miami is totally... Ms. Garay: That's not true. 3 of the 4 people that I'm recommending... Mayor Ferre: Tell me the 3 that you are recommending that live in the City of Miami. Ms. Garay: Okay. Susan Martin lives at 1950 Brickell Avenue which is in the City, Wanda Green lives at 2500 N.W. 80th Street which I believe is in the City... Mr. Plummer: That is not the City of Miami. Ms. Garay: That's not the City of Miami? Mayor Ferre: She doesn't live in the City herself so how can she... Mr. Plummer: Wanda Green does not ... if that address, 80th Street and 25th Avenue is not the City of Miami. Ms. Garay: Northwest. Mr Plummer: No. 79th Street. She lives one block north of the City. Mayor Ferre Look, we're trying to help you and I'll try to accomodate as much as I can. So let's go back. Sylvia Foment, does she live in the City of Miami? Ms. Garay: Yes. 3391 S.W. 5th Terrace. Mr. Plummer: Yes. Mayor Ferre: Now Debbie gale and Maria Llansa do not live in the City of Miami. Might? Mr, Plummer; Debbie Hale does live in the City No, she moved in. Mayor Ferre: All tight well then she lives in the City of Miami. Ms. Garay; She lives at 3325 Franklin Avenue, Mt, Plummer; That's correct, FED 20 1981 4 4 Mayor Fette: Okay, We're going to drop „ then I will dtop Anne Matie Adker. 'Then we're going to have Debbie Hale, Margarita Ruiz, Maty Alen Millet, Pat Skubish and Peggy Hancock. What? And if Peggy doesn't do it; then I would like to recommend Anne Matie Adker in Peggy's place or whoever drops out, Okay? Peggy's not going to do it. So I'd like to trove it in this way. That the next person in line, should somebody drop outo is Anne Marie Adker. Ms. Garay: Would I have to come back to get that. For instance, if somebody drops out, does that become automatic? Mayor Ferre: No. We'll do it automatically. Can we do that. Lacasa, this next person on the list would be Anna Maria $echner. Okay. So in that order, if any of these people refuse to serve, is that acceptable to you, Plummer? Mr. Plummer: Sure. Mayor Ferre: Okay. Mr. Lacasa: Would you read the list? Mayor Ferre: All right, the list is as follows: Debbie Hale, Maria Llansa, Sylvia Forment, Susan Martin, Wanda Green. Mr. Plummer: What about the anglo... Mayor Ferre: Let me finish. Margarita Ruiz, Mary Ellen Miller, Pat Skubish and Peggy Hancock. Mr. Plummer: Well not wait a minute. What about the white males? Mayor Ferre: That will be next time. Mr. Plummer: You've been telling us that for years. Mayor Ferre: Is there a motion? Mr. Lacasa: Move. Mayor Ferre: Is there a second? Plummer seconds. Further discussion? Is there further discussion? Mr. Plummer: We use to have George Depontis on this committee. We used to have George Depontis Mayor Ferre: Here's the list, Joe. Debbie Hale, Maria Llansa, Sylvia Forment, Susan Martin, Wanda Green. Now, Margarita Ruiz, Mary Ellen Miller, Pat Skubish and Peggy Hancock. And if any of those refuse to serve, the next one in line would be Anne Marie Adker and if there's another opening beyond that, that would be Anna Maria Brechner. Okay. In that order. Mr. Carollo: For the record, how many of these new ones live in the City? I know my 2 live in the City. Mayor Ferre: My 2 live in the City too. Mr. Plummer: Since I didn't get any, it's of no concern. Mayor Ferre: Margarita Ruiz lives in the City, and Mary Ellen lives in the City, and Pat Skubish lives in the City, and Peggy Hancock lives in the City. So I would say that we're making a little progress here. Mr, Carollo: l certainly think so, Mayor Ferre: Of the 9 that we're approving, 7 live in the City, Okay? Call the roll. t" �J ist The following resolution WAS introduced by Commissionet Lacasa, who moved its adoption: RESOLUTION NO, 81-122 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO THE CITY OF MIAMI COMMISSION ON THE STATUS OF WOMEN (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 ABSENT: Vice -:Mayor (Rev.) Theodore R. Gibson 19. APPOI:T11LINT TO HEALTH FACILITIES AUTHORITY BOARD Mayor Ferre: We're now on the Miami Health Facility Authority Board and I recommend that we reappoint Charlie Gottlieb on that. Is there further dicussion on the appointment of Charlie Gottlieb? We only had one opening? Mr. Fosmoen: Yes, sir. Mayor Ferre: Anybody have any objections to Charlie Gottlieb? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO, 81-123 A RESOLUTION APPOINTING ONE MEMBER TO THE CITY OF MIAMI HEALTH FACILITY AUTHORITY TO SERVE A FULL TERM THEREON (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 Joe Carollo Commissioner Armando Lacasa Mayor Maurice A. Ferre NOES; None ABSENT; Vice* -,Mayor (Rev.) Theodore R. Gibson CW 11 20, APP=,T2X.NT TO TKL CIT"Y OF MIAMI IMIORIAL CO 'DIITTEE Mayor Ferre: All right, 24. Appointment of one individual to the Miami Memorial Committee. Anybody have any recommendations? I recommended Smyser. Mr. Plummer: Who? Mayor Ferre: Smyser is a guy who lives in Coconut Grove that ran John Cosgrove's campaign. He's active in St. Hughs Church. Mr. Plummer: Fine. Mr. Lacasa: On the Memorial Committee, Mr. Mayor... Mayor Ferre: Have you talked to him, Marie? Smyser, Well you're the one that wrote down Smyser. (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mr. Plummer: Call the roll. Mr. Lacasa: No, I have a recommendation. Mayor Ferre: Okay, what's your recommendation? Mr. Lacasa: I would like to recommend that Mr. Juan Perez Franco, former President of Brigade 2506 be appointed and the reason is that we don't have any Latin members in this Memorial Committee and actually, we do need... and we don't need this type of input Mr. Mayor, so I put into nomination the name of Juan Perez Franco. Mr. Plummer: I second it. Mayor Ferre: All right, call the roll. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-124 A RESOLUTION APPOINTING ONE INDIVIDUAL TO THE MIAMI MEMORIAL COMMITTEE TO FILL AN UNEXPIRED TERM THEREON ENDING SEPTEMBER, 1982 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES; Co=isaioner J. L. Plummer, Jr, Commissioner Joe Carollo Commissioner Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: Vice -Mayor (Rev.) Theodore R, Gibson 11 21. APPOIATM JTS TO SUBSTA27CE ABUSE CaNITTEE Mayor Ferre: Well then I'd like to recommend Mike Smyser for the Substantive Abuse Committee. Mr, Plummeri Who are the other recommendations? Mr. Fosmoen: We have one nominee to date for the Substance Abuse Committee. There are no members currently. Mayor Ferree All right, I recommend Smyser. Mr. Lacasa: Second. Mayor Ferre: There is a motion and a second. Mr. Plummer: We need 6 more. Mr. Fosmoen: Yes. And we have one nomination. Mr. Marshall Farkas, PhD, Mayor Ferre: Oh no, wait a moment. There was some. —how about Kenny Meyers? Cesear, :Maria Prio, would she serve on this? Substance Mr. Carollo: I'll leave this to more expert opinion on the Commission to pick for this. Mayor Ferre: Carollo, do you have anybody? (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mr. Fosmoen: Mr. Mayor, there are no members on the committee. There are 7 vacancies. Mayor Ferre: Well let me ask you this now. Obviously nobody's rushing in to serve on this. Do we need this committee? What does the committee do? I mean, why are we creating committees that nobody wants to serve on?. You know, what does the Substance Abuse Committee do, pray tell? Ms. Angela Bellamy: The comittee reviews applications submitted for any drug or alcoholic facilities in the City. It has to make a recommendation to the Zoning Board and then it goes to the City Commission. So it's — very important and it's included in your City Code. Mayor Ferre: Okay, we have 2 people now and that's Mike Smyser and Maria Anne Prio. And I think those... would Maria Anne Trio have a conflict since she's already in there? All right, I'd like to recommend Monsignor Bryan Walsh. Mr.Fosmoen: You also have one resume, Marshall Farkas, PhD. Mayor Ferre: All right, Marie, would you pay attention, please, because we're trying to get through this. Bryan Walsh. Okay_. Now there's also an Episcopalian priest that was always.., Mr, Lacasa: I'd like to recommend Salvador Anorca and Reverend Mayor Ferre; you can't have all these priests, One or two is fine, you have to get a Rabi or somebody else, Bryan Wal.sh,,,who is interested in substantive abuse? Mathew Giason, What was the name of that other guy? Rick Leonardl, oh Miguel Alvarez that's a good idea, I'm up to 5, I'm getting close, Two more, ��j FEBI t081 o ist El Mr, Fosmoen: Might I suggest that you think about that someone froth the northeast section of this commnunity. Mayor Ferre: Grace Rockefeller, Mr, Fosmoen: No, no. I was thinking of someone froth the northeast section. Mayor Ferre: You have Mathew Gisson. Mr. Fosmoen: Okay, fine. Mayor Ferre: Whatever happened to that nice Lutheren preacher that was pastor of that ... we don't have anybody blakc. We need somebody black. (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Terre: Anybody know him? Ricky, do you know him? Forbes. what? What's her name? Mr. Odio: T. Forbes. Mr. Fosmoen: T, Mr. Mayor like in... Mayor Ferre: T like in Thomasina? Mr. Fosmoen: Yes. mayor Ferre: And she's black? All right. There's one more. I'd like to get one more black. We need people that have some knowledge and interest. Ricky, who do you have? Mr. Carollo: We're talking about the Substance Abuse Committe, right? How about Dr. Marvin Dunn? Mayor Ferre: That's a good idea. Marvin Dunn. That's terrific. All right. Let me read you the names that I have all iight. Maria Anne Prio, Bryan Walsh, Mathew Gisson, Rick Leonardi, T. Forbes and Marvin Dunn. Thay makes 6. We're missing one. Is that it? Mr. Fosmoen: You have an application. Mayor Ferre: Who is he? Mr. Fosmoen: Marshall Farkas, PhD, Director, Dade County Comprehensive Drug Program. Mayor Ferre: Oh, well that's good. You can't beat that. What's his name? Mr. Fosmeon: Farkas. F-A-R-K-A-S. Mayor Ferre: Farkas. Marshall. I got news for you, that's one hell of a commitee. I mean, you know, Bryan Walsh, Mathew Gisson, Marvin Dunn, Marshall Farkas. That's a hell of a Committee. All right, Plummer moves, Carollo seconds. You have 7. All right, Doctor Mary Haber. That's a good idea, Knock out Rick Leonardi. That means the following 7. Plummer where are you? Plummer, All right, Armando, here's the list. Maria Anne Prio, Bryan Walsh, Mathew Gisson, T. Forbes who is a black lady, Dr. Marvin Dunn, Marshall Farkas who is with the Dade County Substantive or whatever it is and Dr, Mary Haber who is Lenny Haber's wife and she's a psychologist that -deals with these problems, Okay, Mr, Plummer: She lives on the Beach, Mayor Ferre; Na, she,,, they have their buisness in Miami, (INAUDIBLE BACKGROUND COMMENT PLAdD OUTSIDE OF THE PUBLIC RECORD) O V E 0 Mt, Plummet: What about Matvit► Dufthl Mayor Forte! He lives in Coconut Grove. Mr, Lacasa: Move, Move. All tight) is there a motion? Mayor Fette: Is there a second? Is there a second; Plummet? Carollo? Mt. Carollo: Yes. Mayor Ferre: There is a second, Further discussion? Call the roll. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-125 A RESOLUTION APPOINTING MEMBERS TO SERVE ON THE SUBSTANCE ABUSE ADVISORY COMMITTEE (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 Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. elayor Maurice A. Ferre NOES: None ABSENT: Vice -Mayor (Rev.) Theodore R. Gibson 22. ACCEPT COMPLETED WORK: LITTLE HAVAN A COMMUNITY CENTER BUILDING "A" Mr. Lacasa: Move 26. Mayor Ferre: There's a motion on 26. Is there a second? All right, Plummer seconds 26. Further discussion? Call the roll on 26. The following resolution was introduced by Commissioner Lacasa, who moved its adoption? RESOLUTION NO. 81-126 A RESOLUTION ACCEPTING THE COMPLETED WORK OF SANDRON CORPORATION FOR LITTLE HAVANA COMMUNITY CENTER - BUILDING "A" - ROOF REPLACEMENT AT A TOTAL COST OF $37,411,00; AUTHORIZING AN INCREASE IN THE CONTRACT IN THE NET AMOUNT OF $711,00; AND AUTHORIZING A FINAL PAYMENT OF $5,177.50 (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; ip (CONTINUED ON NEXT PAGE) FEB 26 1C981 ist AYES: Cotntbissioner J. L. Plumnert it, Commissioner .foe Carollo Commissioner Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: Vice -Mayor (Rev.) Theodore R. Gibson 23. DESIGNATE N LWSPAP ERS FOR "NOTICE OF SALE OF DELINQUENT SPECIAL IMPROVEMENT ASSESSMENT LIENS" NOTE: THIS WAS LATER DEFEATED BY A TIE VOTE SEE LABEL 2b Mayor Ferre: All right, on 27... Mr. Plummer: Same as last year. Mayor Ferre: There's a motion... Mr. Lacasa: Just a minute on... Mr. Carollo: Well wait a minute, wait a minute. Last year we stated we were going to pick one every year, a different one every year. We're going to start that way. Now either we're going to pick a new one and be fair about it, or we're going to stop picking. Mayor Ferre All right, there's a motion now and is there a second to Plummer's motion? Mr. Lacasa: Which one is the... Mayor Ferre: That we remain with the same people. Mr. Lacasa: Second. Mr. Carollo: Well let's get it out in the open. Who is the one from last year? Mr. Plummer: The ones last year were the Miami Review, the Diarios Las Americas, the Miami Times, Patria, and El Expresso. Mr. Carollo: And I recall perfectly, that last year we stated that on the weekly papers, we were going to be rotating. (INAUDIBLE BACKGROUND COMMENTS PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: Do we have a motion? Mr. Lacasa: There is a motion. I seconded the motion. Mr. Plummer: What? Mayor Ferre: T don't, frankly, I was saying to Armando I could care less because it doesn't amount to a hill of beans one way or the other. Mr. Plummer: Oh I can. I can. Mr, Carollo; Oh it amounts to a hill of beans in a lotofways, Mr. Mayor, Mr, Lacasa: I would propose that we Include here another weekly that has tremendous circulation and that is La Nacion. I propose that La Nacion be included here, Mayor Perre! is that acceptable to you? Mt. Carollo: The point being, Mr. Mayot, was that we stated sotiething last year. If we want to go against that, that's fine. Mayor Perre: I have no problem with that. Mr, Lacasa: I want to include this one here. I think it has enough circulation that it deserves to be considered, Mr. Carollo: What I want to do, you know, is clear the air and be consistent. Are we going to keep these as the ones we're going to use every year, or are we going to change theta again next year. I mean,,, Mayor Ferre: It all depends. Mr. Plummer: Well that's the prerogative of the Commission. Mayor Ferre: It all depends. Mr. Plummer: It depends on who is here next year. Mr. Carollo: Plummer, like Gibson would say, you're speaking like a prophet. Mayor Ferre: Plummer, there's a motion here and there is a proposal that it be amended. Mr. Lacasa: To include La Nacion. Mr. Plummer: I have no problem with that. Mr. Lacasa: Okay, call the question.. Mayor Ferre: Call the roll. THEREUPON THE FOREGOING RESOLUTION, duly introduced by Commissioner Plummer and seconded by Commissioner Lacasa 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 ABSENT: Vice -Mayor (Rev.) Theodore R. Gibson NOTE: THIS RESOLUTION DOES NOT BEAR A NUMBER SINCE LATER THIS SAME MEETING IT WAS RECONSIDERED AND RECINDED BY A TIE VOTE. ON ROLL CALL: Mr. Carollo: Yes. And.I will be here next year for all those of you who would like to know. Est FEU ti' a 24. CLAIM SETTLEMENT: FELIX WRIGHT Mayor Ferre: Al]. right, now the next one is authorizing the Director of Finance to pay Felix Wright. Is there a motion on 28? Mr. Plummer: Wait a minute. I have something... Mayor Ferre: Felix Wright. Mr. Plummer: No, I move that it be denied. Mayor Ferre: A motion for denial on 28. Based on what, Plummer, so you can get a second. Mr. Plummer: Well, the Law Department, God bless them, just will never learn. And until they learn... Mayor Ferre: What is it they won't learn, Plummer? Mr. Plummer: Okay. Reading the thing here... Mayor Ferre: Just tell us. Mr. Clark: We'll take out and their attorney's fees. Mr. Plummer: And their attorney's. I'm not going to be a bill collector for the attorney. Mayor Ferre: Strike and their attorney. Now do you move Mr. Plummer: I move that it be approved. Mayor Ferre: Striking and their attorney's, as amended. Motion by Plummer. Is there a second? Mr. Lacasa: Second. Mayor Ferre: Seconded. And to the Law Department, don't do that any more, would you? I mean, you've been told enough times not to do that. Why do you keep on doing that? All right, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-127 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO FELIX WRIGHT AND AUSTIN DARLING, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF SIX THOUSAND THREE HUNDRED EIGHTY-TWO DOLLARS AND FORTY CENTS IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY, PERSONAL INJURY PROTECTION, LIENS, AND WORKMAN'S COMPENSATION LIENS, ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, AND UPON EXECUTION OF A RELEASE, RELEASING THE CITY OF MIAMI AND J. DOMM AND C. STAFFORD FRP, ALL CLAIMS AND DEMANDS (Here follows body of resolution, omittted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: (CONTINUED ON NEXT PAGE) ist A'YEs3 Commissioner J, L. Plummer, Jr, Commissioner Joe Carollo Commissioner Armando Lacasa Mayor Maurice A. Feitre NOEst None ABSENT: Vice -Mayor (Rev.) Theodore R, Gibson - 25, ALLOCATE $5,000 CITY sUPporT To HAITIAN AF't0-DIMENSION C01-121IT"TEE Mr. Carollo: Move item number 29. Mayor Ferre: Is there a second to 29? Mr. Lacasa: Second. Mayor Ferre: Further discussion? Mr. Plummer: Under disucssion on 29. Mr. Mayor, I don't know if all of you have had the opportunity to read, and let me tell you what I've got a problem with. The articles of incorporation, I have just never seen anything like this. And especally Article 11 . Article 11 states that everybody shall have one vote except the Charter members and they have 10 votes. Now I'd love to see that installed here on this Commission, but there ain't nobody in the world going to go for it. Now... Mayor Ferre: It all depends who gets the 10 votes. Mr. Plummer: You know, I heard of the one vote one rule epitaph but ... Mayor Ferre: What do you want to do? Mr. Carollo: Plummer, don't try to exert your beliefs on other people. I mean... Mr. Plummer: No, I just have a problem with it. Mr. Carollo: ...isn't that what our new administration has been saying. Do you want to go against them now? Mr. Plummer: Well I do that with sheer pleasure because they are normally wrong. Hey, I have no problem... Mr. Carollo: I didn't know you were for Carter. Mr. Plummer: I have no problem, Mr. Mayor, with the thing except I just bring that to your attention. I've just never seen a set of by-laws like that one where, you know, on its face value it's just lopsided. It really is. Mayor Ferre: You mean the word stacked. Mr. Plummer: Well stacked can have many connotations, And using your connotation, it would not have anything to do with this one. (LAUGHTER) , Mayor Ferre: I'm talking about stacked in that one person has 10 votes and another one has 1. Mr, Plummer; Yeah but Mr, Mayor, when you get bogged down on the Status of Women and then come µp with temtnology later.,, +� FE. � 6 ."t l 1st t t Mayor Ferre: Very funny, Plummer. Mr. Fosmoen: Mr. Mayor, I should point out that we distributed a memorandum to you dated today. Mr. Plummer: Should we discuss, Mr. Fosmoen, in this yellow journalism that we have here... Mt, Fosmoen: We'll pick a different color, Comimissioner. We attempted to... Mr. Lacasa: Are you talking about the Miami Herald. Mr, Plummer: NO, I'm sorry. Excuse me. You gave to us, and I assume for informational purposes, a thing here that says Boycott the Haitian Festival". Is that something that we should take into consideration? There's a reason you have it to us, I'm sure. Mr. Fosmoen: I'm giving it to you for your information, Commissioner, before you approve item 29. Mayor Ferre: I don't have it. Where... Mr. Plummer: It's in the yellow stuff. Mr. Fosmoen: Mr. Mayor, the purpose of the yellow... (INAUDIBLE BACKGROUND COMLMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mr. Pluvmer: Mr. Fosmoen, you gave us this thing. Is there any bearing or any significance in this situation? Are we getting into the middle of a controversy? And instead of trying to do something right that this Commission would like to do, is it something we should consider and possibly not sponsor this organization? Now I'm asking. Mr. Fosoen: Commissioner, you are about to, if you act affirmatively on number 29, approve $5,000 for an Afro -Haitian Festival. Mr. Plummer: I understand. Mr. Fosmoen: Before you do that, we thought you should know that there are petitions being circulated in the community to boycott that festival. Mr. Plummer: All right, sir. In your estimation, you see, where my problem is, Mr. Fosmoen, at the end of 29 it says the City Manager recommends. Now does that tell me that after you have read this, that you don't feel that there is sufficient concern and you still recommend? Mr. Fosmoen: This is dated today. Okay? Mr, Plummer: You just got it? Mr. Fosmoen: That's right. We just received the information today. Mr. Plummer: All right, sir. Are you changing your recommendation? Mr. Fosmoen: No, Commissiner. I am not changing my recommendation but I think, you know, and we were reflecting an action that this Commission took at the last meeting. Mr, Plummer: Fine. Mayor Ferre: Marie has just gotten a phone call from Marie Fortier, who as you know, is the Chairman of the Steering Committee for the Haitian Refugee...and she thinks it is not in the Interest of the Haitian Community, that there's no contact with the train body of the Haitian community, and that there could be some outbreak of violence, and in short, they recommend against it. ist oeo 4• i 4 Mt, Plummer: When is this, ,A it's... Mayor Ferrel They are afraid that there is Duvalier government politics involved in this whole thing and that it's going to create.,.and she's asked that I put this on the record and submit here name, Matie...where does she work, with the Federal government, or the local ... W , Ms, Haiba Jbali!Honorable Mayor and Commi-sioners, my name is Haiba Jbali, 6031 `.',r. Sth Avenue. I m here representing the Haitian -Afro Dimension, Incorporated who are the sponsors, major sponsors for the Haitian- Afro Dimension Carnival. I admire the political maneuvering or know how of certain members of the Haitian community. However I'd like to point out a number of factors that the Commission may not be aware of. First of all, from the very beginning, we have been resolving, we have been communicating with combat liberte, certainly members. 1'd like to point out that combat liberte is made up of a number of political organizations and Haitian refugee centers all of which seem to long for the desire to control the Haitian refugee community in particular. They've held a number of meetings in which members of the Haitian committee were not invited to discuss, supposedly, to discuss the pros and cons of that. The committee has tried to meet with them and in fact we set up meetings. They held up secret meetings and cancelled the meetings. They called a meeting with the Community Relations Board in which we met with members of the Communty Relations Board. We were instructed to have both sides discuss the issues that were being discussed and come back with a decision. We had a meeting in which we discussed with both sides, or a number of community representatives including the coordinating member of combat liberte. And between the hours of 9 and 12:30 we resolved the issue along with the presence of the City of Miami Police Department. At that time, it was advised of combat liberte tnat if they want to indeed help members of the Haitian refugee community that they instruct them if they do not want to participate, there's nothing that has ever said that this carnival is solely for the Haitian community. In fact, the participants of the community have been a number of black American organizations, also Anglo and also Caribbean people. So that the Haitian Afro Dimension carnival was named such because it's not only Haitian. It just happens to be that the members of the commitee were Haitian born. They are all Haitian residents, Haitian American citizens. The Afro connotation is that, it's because it's being held in the center of the black community that it wanted to included members of the black community as well. As far as concern for the refugees, we have expressed concern for the refugees. As a matter of fact, we have with us here today some art work that about 40 children from the Krome Avenue Refugee CEnter have been preparing since they first heard about the carnival coming to Miami. And the instructor there, Lenore Pond, was good enough to let us share that with you. I say that to say that we've offered the refugee children an opportunity to have a booth at the carnival whereby they can raise funds for additional materials. I don't think there has been any question that the fact that this has been for positive purpose, for the good of the whole commnity. In fact, the theme is joy, culture and goodwill. And we ask that members of combat liberte not make it a political carnival because it was never the intention to make it political and that if they are indeed concerned about the welbeing of the community, and the Haitian refugee community, that if they don't want to participate, that's fine but there are other members of the community who want to and it would be a selfish act to boycott solely for their own means. And we're prepared for any questions that the Commission might have. Mayor Ferre: Haiba, I'll tell you, you've got my vote and you have my vote because or you and I personally will hold you responsible, even though I know you can't control what happens out there in the community, but my vote is based on your recommendation and my regard for you that you think this is a proper thing. I hope that 11m not wrong. I don't know what the rest of this Commission wants to do but.., Mr. Lacaea i make the motion, Mayor Forre; There's a motion and is there a second on item 299 ist i Mt, Plummer: What is the motion. Mt. Lacasa: To approve. Mayor Ferre: To approve. Is there a second to Lacasa's motion to approve item 29. Mr, Plummer: Mr. Manager, do you still recommend? I second the motion. Mayor Ferre: Further discussion? Call the roll. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-128 A RESOLUTION CONCERNING THE HAITIAN AFRO -DIMENSION CARNIVAL, WHICH IS TO BE HELD ON MARCH 1, 1981; CLOSING CERTAIN STREETS TO THROUGH TRAFFIC ON THAT DATE DURING SPECIFIED HOURS AND ESTABLISHING A PEDESTRIAN 1=1,; SAID STREET CLOSING SUBJECT TO ISSUANCE OF PERMITS BY THE POLICE AND FIRE DEPARTMENTS; FURTHER ESTABLISHING THE AREA PROHIBITED TO RETAIL PEDDLERS DURING THE AFORESAID FESTIVAL; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPORT AGREEMENT SETTING FORTH THE CONDITIONS UNDER WHICH THE CITY WILL PROVIDE SERVICES AND CASH ASSISTANCE (Here follows body of resolution, omitted here and on file in the Office o� the City Clerk). Upon being seconded by Cornnissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo Vice -Mayor (Rev.) Theodore R. Gibson 26. RECO1;SIDt?.A1IOA OF VOTE 01 "L OTICE OF SALE CF DELIAQULi T SPECIAL 11P, ROVE ZIT ASSESS11NT LIr.NS" Mr. Lacasa; Okay. Going back to item 27, Mr. Mayor, I ask for a reconsideration. Going back to item 27 I ask... Mayor Ferre: Well it's very simple, and let's wait until Carollo gets back here. Record my vote as being no on 27. If you want to reconsider it, that's okay with me. Mr. Plummer: You mean no to reconsider? Mayor Ferre; No. that instead of voting yes, I want my vote recorded officially as no on item 27, Mr, Plummer; In other words, you're changing your vote, Mayor Ferre: Mr, Plumzr.er: st That's right. Can he legally do that? C Mayor Fetre Unless somebody disagrees. That's the legislAtive procedure. Mr, Plutfittti So if I disagrees you can't change your vote. Mayor Fette: That's right, If you say that I... Mr. Plutamett I'll reserve that option until later in the afternoon. Do you rant to talk about the yellow paper, Maurice? (LAUGHTER) Mayor Ferre: What else do you want to do? Do you want to go.., Mr. Plummer: Well wait a minute, wait a minute. No, we've got.440h, I see, So in other words, we've got to be back here at 2:30. THEREUPON THE PREVIOUS MOTION ON ITEM 27 WAS RECONSIDERED AND FAILED BY THE FOLLOWING VOTE: AYES: Commissioner J. L. Plummer, Jr. NOES: Commissioner Joe Carollo Commissioner Armando Lacasa Mayor Maurice A. Ferre THEREUPON, THE CITY CO3MISSION WEFT INTO A BRIEF RECESS AT 12:45 P.M., reconvening at 2:40 P.M., with all members of the Commission found to be present except for: ABSENT: Commissioner Joe Carollo Vice -Mayor (Rev.) Theodore R. Gibson Mr. Lacasa: On the record, I'm changing my vote on item 27 which should read no. Mayor Ferre: All right, we're back in formal session and let the record reflect..all right, Mr. Lacasa, make your statement on the record about your changing... Mr. Lacasa: I already did. Mr. Ongie: That motion now fails. Well that has to now be reconsidered. 21. PLAQUES, PRESENTAT'IOLIS Ai+D SPECIAL ITEMS: DECLARE FEBRUARY 26 AS JACKIE GLEAM*., DAY IN HIAN:I 1. Presentation of a Plaque and a Commendation to W. Wilmer C. Parks PRESENTATION vho has been selected as the Outstanding Employee of the Year for 1980. Mr. Parks is a heavy equipment mechanic with the City of Miami Fire Department. 2. Presentation of a Plaque and a Commendation to W. Terry Gonzalez PRESENTATION who has been chosen as the Outstanding Employee of the Year for 1980. Mr. Gonzalez is a firefighter with the City of Miami Fire Department. 3. Presentation of a Proclamation to W. Archie Harrington, President PRESENTATION of the Florida Liens Eye Bank designating the month of March as "Lions Eye Bank Month." S. Presentation of a Plaque to W. Donald Ku1mn of the City of Miami PRESENTATION Leisure Services Department who is retiring after more than 15 years with the City of Miami. C. A MOTION DECLARING FEBRUARY 26t 1981 AS THE "JACKIE GLEASON DAY" IN THE MOTi81-129 CITY OF MIAMI IN HONOR OF HIS BIRTHDAY AND HIS FRIENDSHIP TO THIS CITY MOVED; LA, I A 26. APPoINT COrii'ITTEE To riAKE PRiSEWTATIM4 FOR SUPER BOTH 19u4{i,5 Mt. Plummer: Mr. Mayor, may I bring up a pocket item very quickly so I don't forget it like I did at the last meeting? Mayor Ferre: Yeah. Mr. Plummer: Mr. Mayor, it is appropriate that this Commission, or you in particular, start thinking about the Super Bowl presentation which will be made, it's my understanding, in June. It rightfully takes 2 to 3 months to get that committee to get all of the commitments and everything that needs to be done on it. And I think that we should, you just really can't start too early. So I would request that this matter be discussed or you appoint a committee as soon as possible. That's up to you. Mayor Ferre: All right, let me tell you where we're at. I called Hank Myer and Dan Paul and subsequently talked to Joe Robbie. And the premise is that I didn't want to go or have anybody from this Commission embarrassed at a presentation in Hawaii if Joe Robbie was going to do what he did a couple of years ago. And in effect, torpedo any presentations that we might make. He told me that before his recommendation, he would call Commissioner Pete Rozelle, call me back. He said that the owners meeting in Hawaii, which is now in March, would not accept any presentations by any city for any Super Bowl. And ... well this is the first time that this had ever happened. In the past, it's always been a winter meeting. And so he said that they might, might accept discussion at the June meeting which I think is going to be in Detroit. And that he would advise us if there would be any presentations. I think it's in the end of June or some time in July. Mr. Plummer: It's usually June. Mayor Ferre: And so we left it that we would talk further. Furthermore, he told me that Pete Rozelle would be in ?iiami some time in the next month or two and that at that time we would get together and discuss further with him because it might be appropriate for Miami to get a future Super Bowl I think, I don't know about you, but I learned my lesson and that is that we're not going to get any Super Bowl without the support of the home team. And that's logical. Mr. Plummer: Well Mr. Mayor, then what you're really saying is, I'll withdraw my offer because if we have to have the support of the home team, it's rather obvious to me that we're not going to get that support and as such, Mr. Mayor, let's don't kid ourselves and spend tax payers money to send up there with the presentation. Mayor Ferre: Oh no. Please, on the contrary. Mr. Robbie said that he thinks that things are going along fairly nicely. He's looking forward to this new sports authority, whatever it's going to be called, and he thinks that there's been a change in attitude about the building of a new stadium. And that right now he feels pretty strongly about supporting it. So don't assume anything. Mr. Plummer: Well I'm not going to assume anything except, Mr. Mayor, the way and the premise that this City has always traveled. And that its that the Dolphins are one entity and Super Bowl is another. And I'm going to say to you that no one is going to hold a hammer over my head as a City Comm,issioner in making any rightful. presentation as a stadium owner. I want to tell you something... (INAUDIBLE BACKGROUND COMMENT Ft,.ACED OUTSIDE OF THE pUBI.ICCQHD) 2 t S ist Mr, Plummer: Very definetly I wait tl.e Super Bowl. Mayor Ferre: And if I...I don't think any of us are that proud that we're going to,.,we're not going to cut our nose to spite our face, I'm not telling you that you have to like anybody. I'm just saying that I'm sure you, like everybody else on this Commission is going to be practical and we're going to try to get the Super Bowl. And I think you know,,. Mr, Plummer: All right. Mr. Mayor, once again I will reiterate the point I was trying to make before which obviously was not understood. Mr. Mayor, one of the things that you have to have when you make your presentation is a commitment of rooms. That takes, Mr. Mayor, near 2 months to get that commitment from each hotel that they will commit during the week of Super Bowl so many rooms. It takes a commitment on parts of the limosine services. So that's what I'm saying, and what I brought up originally that takes time, and it was my suggestion that you appoint a committee. Since you're talking; with the people who you feel are most important, I strongly suggest, Mr. Mayor, that you be chairman to have open communications. Mayor Ferre: I would accept the chairmanship and I would like for you to think of names. And I'll proffer some names right now that you might want to consider. I think that Skippy Sheppard, for sure, Mr. Plummer: Excellent member. ;Mayor Ferre: Okay. I would, also recommend Steve Muss. Mr. Plummer: I have no objection. Mayor Ferre: Jesse Weiss. Mr. Plummer: He is your most important member and your team member. Mayor Ferre: Okay. Now those are 3. Mr. Lacasa: Juvenal Pina. Mayor Ferre: Juvenal Pina. Mr. Plummer: I. have no objection... Mayor Ferre: And I would like to get our new Convention Manager, what's his name? Mr. Fosmoen: Tony Pajares. Mr. Plummer: Excuse me, Mr. Mayor. That's staff. He would be staff to the committee. And as would be Mr. Lew Price, Mr. Jack Eades who have all worked on it in the past. Mayor Ferre: Garth Reeves. Okay? All right. Now that's ... Garth Reeves, Juvanel Pina, Skippy Sheppard, Jesse Weiss and Steve Muss. Okay? And I'll tell you what though, if you can think of one more person. And Mayor Murray Meyerson... Steve Clark, Lew Price? Mr, Plummer: No, Lew is staff. Mayor Ferre: Steve Clark, who else? Mr, Fosmoen: I think you have enough, Mayor Ferre; Let me reiterate, Plummer moves that the following be appointed to the Super Bowl Committee. Jesse Weiss, Juvenal Pina, Skippy Sheppard, Steve ?fuss, Garth Reeves, Steve Clark, *Murray Meyerson, Is that it? Mr, Fosmoen; I missed it. There's no member of the City Commission on there unless ist f^ r Mayot Ferret. And I'll chait it. Okay? Lacasa seconds, Gall the toll, The following motion was introduced by Commissioner Plummer, iaho moved its adoption: MOTION N0. 81=130 A MOTION APPOINTING THE FOLLOWING INDIVIDUALS TO SERVE AS A COMMITTEE TO MAKE A PRESENTATION IN CONNECTION WITH NFL's DESIGNATION OF HOST CITY FOR THE 1984 AND/OR 85 "SUPER BOWL" Honorable Steve Clark Honorable Murray Meyerson Mr. Skip Sheppard Mr. Jessie Weiss Mr. Juvenal Pina Mr, Garth Reeves Chairman: Mayor Maurice A. Ferre 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 Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo Vice -Mayor (Rev.) Theodore R. Gibson FOLLOWING ROLL CALL: Mr. Plummer: Mr. Clerk, would you please, if possible _ Mr. Lew Price the names and members of that committee a meeting can be called in the next week or 10 days. today, convey to so that, hopefully, 29. PERSONAL APPEARANCE: IIARTI14 FINE FOR PROPOSALS TO BE I14CLUI'.'ED IN 1931 LEGISLATIVE PACKAGE TO BE PRESENTED TO THE FLORIDA LEGISLATURE Mayor Ferre: All right now, Marty Fine I have a promise to. And I said, Marty, you waited 3 1/2 hours for the 2:00 o'clock item last meeting, I promise you you'll be the first one out this time. And I'm going to keep that promise even though it's almost an hour late. Mr. Martin Fine: Mr. Mayor, members of the Commission, I'm going to be very brief. For the record, my name is Martin Fine, 2+401 Douglas Road, Miami. I'd like to make it clear that I'm appearing here as an individual citizen just sharing some thoughts with you about 2 items which I think you ought to include in your legislative package for the next session of the Florida Legislature, which as you know, convenes in the first Tuesday in April. The agenda lists one housing item and that's correct. It is a housing matter particularly to do with financing. But the second one has to do with a proposed tax increment financing plan and with your permission, I'll do the housing one first. I'm sure I need not share...I don't know whether we're listening or whether you want me to wait or just keep on going? Mayor Ferre; we'll just wait for 30 seconds, F ist f, Mr. Fine: I don't want to takes your time to tell you how desperate we ate, and frankly, how desperate we're going to be for funds to provide housing for families of low and moderate income. I think we're at a point now of aggrevatel crisis situation and I think it will get proportionately worse. The fact is that without getting in any sort long discussion about politics, the "Federal government, in my opinion, is going to withdraw a lot of the money that it had previously spent for housing. And the first example of that, unfortunately, is what happened with the Overtown Trans3.t. Station development plan which you know was announced now as being $7,000,000 about a month ago and now being withdrawn. And I think that's a prelude to an unfortunate symphony that's going to be played over the next several years. And so, I want to propose that you consider putting, in your legislative package the following: A bill which would double the amount of documentary stamp tax on each and every real estate transaction in Dade County in excess of $100,000. We proposed that to the Ficri;Ja Legislature 4 years ago. The County adopted it as ,art of its legilative package, and I tried in a very clumsy and inefficient manner to lobby it and was unable to do it. We're going to try it again. The County has adopted it. And we think it is very appropriate for the following reasons: It relates to real estate, it is a one time tax, it exempts, homes of under $100,0001 and to give you an idea of what it did last year in Dade County, this money is paid to the County Clerk but is all goind to the State of Florida. And last year there was $25,000,000 collected by the County all of which went to the State for that purpose. And we're suggesting that you double that... that you ask tine l..e ;isl.3ture to d, uble that tax on a local option basis, and that the sect°:11 half ref it, $4,00 per $1,000 stay in the county in which it is co llucte, to he use(: for home ownership and our rental assistance programs, but bcpefulll her:.e ownership. And very frankly, I can go on all afternoon and tall Vou why it's appropriate, but the best example I can give you, is the way the interstate highway system was completed. In 56 when Prt'sidt>nt Fiscu}r.;,er was approached with the idea of building this system;., they came to hir:s with the ... the Congressional record says this, they came there with the idea of financing it by adding 'T' cents per gallon of gas to the gas tax. And that's how the entire system has been financed over the years. So this does not cost the City any money. It doesn't cost the County or the State any money. By the way, for your general information, the State collects $205,000, collected $025,000 state wide last year. $205,000,000. $25,000,000 of that came from Dade County. Mayor Ferre: How much? Mr. Fine: $25,000,000. Now if you had that money available, Dena Spillman, and Ernie Martin, and all the people ... and Mel Adams, working in these fields would have this money to be able to buy land, to subsidize mortgages, to lower interest: rates, and you do not have to pay this money back. You get it, it's appropriate, it's fair, it's equitable, and very frankly, it just makes a hell of a lot of good sense to do it. I'd be glad to answer any questions about it. Mayor Ferre: Just for ... so that we all know what ve're talking about. If somebody buys a piece of property for $1,000,000, how much would that add? Mr, Fine: Under —what it would add is $3,600. It would add $4.00 per $1,000 times $900,000 would be $3,600, 1 believe, Now anybody who'se buying property for $1,000,000... Mayor Ferre: So in other words, it isn't that much. Mr, Fine: It is absolutely insignificant, There are a lot of states that have 6.7, and $8 now. And I submit to you that we're aii looking for very exotic and complicated formulas to provide money but this is very direct and simple, The investment bankers won't like it because there are no bonds to float but you don't have to float any, Mr, Plummer: I make a motion, Mr, :Mayor, that we urge our liaison to press for that suggestion to Marty Fine. !1 r, 0 st Mrs Lacasa: Second, Mayor Fette: And add it to our legislative package for priority, Mr. Plummer: Right. Mr. fine: I have a draft of the bill., that frankly, the County Attorney has asked us to make some changes so Mr. Clark... Mayor Fetre: Nos no. Marty, that's getting complicated. This is a very simple motion and that is that we're for what you said and that we're moving it as one of our legislative package things, and that we're going to have our lobbyist follow-up on it. Okay. Further discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION N0. 81-131 A MOTION REQUESTING OUR LEGISLATIVE LIAISON IN TALLAHASSEE TO INCLUDE THE FOLLOWING ITEM IN THE NEXT LEGISLATIVE PACKAGE FOR THE NEXT SESSION OF OF THE FLORIDA LEGISLATURE WHICH IS TO CONVENE IN APRIL: 1. A CITY OF MIAMI BILL WHICH WOULD DOUBLE THE A;iOUNT OF DOCUMENTARY STAMP TAX ON EACH AND EVERY REAL ESTATE TRANSACTION IN DADE COUNTY IN EXCESS OF $100,000, REQUESTING THE LEGISLATURE TO IMPOSE THIS TAX ON A LOCAL -OPTION BASIS; AND THAT THE SECOND HALF OF THE TAX ($4.00 PER $1,000) STAY IN THE COUNTY IN WHICH IT IS COLLECTED TO BE USED FOR HOME OWNERSHIP OR RENTAL ASSISTANCE PROGRAM 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 Mayor Maurice A. Ferre NOES: NOne ABSENT: Commissioner (Rev.) Theodore R. Gibson Commissioner Joe Carollo Mayor Ferre: All right, now are you ... Marty, is that covered? Mr. Fine: I have this other tax increment idea. Mayor Ferre: Go ahead. Mr. Fine: We're you asking a question, Armando? Mr. Lacasa: The philosophy of that is if those who are goingto contribute are those who are having a closing, it's basically those who are going to have a secure shelter are going to contribute for those who don't have it. So that would be the philosophical connotation of that. Mr, Fine: In addition to that, the people who are buying commercial property will do it, and who are having investment opportunities, they will contribute to It, Mayor Ferro. Marty, you have 2 of us, Mr. Ftne; What's good enough for me, Mayor Ferre; Go ahead, F rr "a1 is Mr. Fines Although I would like you to put it in your legislative package again, this is a proposal that I've sent you a copy of to expand the tax increment financing program to allow the problems created by traffic and ths, inability of cars and people to circulate in any part of town but particularly in downtown ,tiami, to constitute blight under Chapter 163 of the Florida STatutes. You will recall, I'm sure, that 163 provides that you can implement tax increment financing when you have slum and blight. And Ji.m Reid is here and I know he can tell you it is not always easy to find slum and blight in areas where you have traffic problems that are very very serious and concentrated. For example, the Dupont Plaza area is one such area in which the DRI report requires that the City and County spend approximately $15,000,000 to put in certain traffic improvements that will be necesary in order to carry that area forward, to accept the traffic that it will generate. The VRI report talks about issuing tag: anticipation notes and the possibility of other forms of financing:. It's my considered opinion that the City and the County doesn't havc the legal authority to do that. This bill, if enacted by the Legislature, would permit a City and/or County, under the County's jurisdiction to say that there exists in any particular part of the City of County problems relating to traffic and inaccessability of cars and people to move about properly, the insufficiency of parking facilities and opportunities and that in and of itself constitutes blight. And therefore, you could use tax increment financing as a vehicle and a method to obtain that money. For example, if all of the buildings that are supposed to be built in Dupont Plaza are built within the next 4 or 5 years, you will, in my opinion, have 10% of the total assessable tax baso that you had last year, or $4,400,000,000 come right out of that area. And in my opinion, you'd be able to pay it back over a period of 5 or 6 years even if you only use 50 or 60% of the increase of the taxes on the real estate that will be generated in that area. And I. submit to you that in terms of the Chamber's position, the New World Center Action Committee, we've come to the conclusion that this town is going to come to a grinding halt unless their are some substantial investments made in traffic and parking solutions. And I submit to you that this is one that's a very simple one to make. It's fiscally responsible, you're not commirting yourself now.to any particular project. You have the right to initiate it. If you don't initiate it it doesn't happen. But I suggest that one of these days we're going to wake up and find you need it, and I think you may be able to use it, and the County may be able to use it for the DPM System as well. Mayor Ferre: I would like to say, Mr. Fine, that with the years that I've known you you've come up with many many fine, and that's not a pun. I mean good, good ideas. And in addition, I think they're imaginative and they're creative, and dynamic and practical. I think of your many, many ideas, this is one of the better ones. And I would like to just fully subscribe to it, and keep my fingers crossed that you and your real able partner there, Stu Simon have done the legal on this and that it's legally doable. Mr. Fine. We have. It: is. Mayor Ferre: And I want to tell you if it's the will of this Commission and this thing passes, that I will do everything within my power to help this thing pass. If you want me to go lobby... Mr, Fine: I do. Mayor Ferre: I know Larry Plummer fairly well. We'll lobby him. Mr. Fine: I should have said, Mr, Mayor.,, Mayor Ferre: 1 know his brother John Plummer pretty good, too, Mr. Plummer: Plummer who? Mr, Fine: Mr. Mayor, I should have said for the record that Speaker Pro Tem, Barry Kuten has agreed and has in fact, introduced to the Committee, he will introduce it in the 'Mouse, Senator McKnight has agreed to —has introduced it in the Senate, Dick Anderson, i think is ist Mt. Fine (continued): going to support it. We've met with him, Senator Gordon is in favor of it. May t just say thins as you lobby for it? bon't think of this as a bade County till, Mayor Ferre: Oh no. Mr. Fine: We've already heard from the folks in Tampa and other places. We think that it has applicability throughout the State. Mayor Ferre: Ts there a motion? Mr. Plummer: Move, Mr. Lacasa: Move. Mayor Ferre: It's been moved and seconded. Further discussion? That the City of Miami add to its legislative priority the bill that's just been recommended. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 81-132 A MOTION REQUESTING OUR LEGISLATIVE LIAISON IN TALLAHASSEE TO INCLUDE THE FOLLOWING ITEM IN THE NEXT LEGISLATIVE PACKAGE FOR THE NEXT SESSION OF THE FLORIDA LEGISLATURE WHICH IS TO CONVENE IN APRIL: 1. TO EXPAND THE TAX INCREMENT FINANCE PROGRAM TO ALLOW FOR HANDLING OF PROBLEMS CREATED BY TRAFFIC AND THE INABILITY OF CARS AND PEOPLE TO CIRCULATE AND RELATED PARKING PROBLEMS IN MANY PARTS OF TOWN, PARTICULARLY, IN DOWNTOWN MIAMI, SUCH CONDITIONS CONSTITUTING BLIGHT UNDER CHAPTER 163 OF THE FLORIDA STATUTES THESE FUNDS TO BE USED FOR THE SOLUTION OF PARKING AND TRAFFIC PROBLEMS 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 Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo E 4 30. ALLOCATE $15,000 PLUS I,i':-KII+D-Si~R%TILES FOR ST, PATRICK'S DAY PARADE Mayor Ferre: All right, the next: item. Okay, the next item on the agenda following the order established here is item 31, which is John Shields for the St. Patrick's Dav Parade on March 14th. Mr. John Shields: Mr. ;Mayor, members of the Commission, thank you very much, and I'll be very brief. For the record, my name is John Shields, and my business address is Suite 401, City National Bank Building, downtown Miami. I'm not: going to spend a lot of time belaboring what the parade has been for _2 years. As you know, we started from nothing. And as Mr. Mayor, you know, vnu've risrchea, have been involved, and Mr.Plummer has, what we've done. tie ,avc for 3 years in a row, including this year, gotten the Prime "sinister of Ireland to send a representative, a Cabinet Minister. Last year's National Grand Marshall was Jim Bishop the ntional syndicated columnist, Scnrator George Murphy, former U.S. Senator of California, and former actor is this years Grand Marshall. I learned something today, was not: ,,cin g to be part of my presentation. Mr. Dan Brennan was late and 11,2 told mno that he'd been on the phone, that's why he was late, th-it. the Director of the Abbey Theater, in Dublin, Ireland, the first r:ationa'_ theater established in the world is on tour of this country. fie' F loc„rd r-f- what we are doing down here and he is con ing down next w( ek to :,,send the ca: and I think this is the type of multi- national cultural thing we're lacking for. I have in that packet, I hope you had a chnncc* to look at, many of the things you know about. The size of the parade, the fact that. the Irish Echo, the larget Irish American paper in the country... Mayor Ferro: 1%1v) could be against the Irish. The only thing that I'd like is for that Director of the Abbey National Theater, tell him we have a leprechaun on this Commission that we may want to send back to Ireland. Mr. Shields: !sir. Mayor, I think in a time when Miami... Mr. Plummer: You know leprechauns have magic powers.' Mr. Shields: Mr. Mayor, just as an example, at a time when Miami is getting some bad press, that paper that you saw the article from, this was their front page. It said New York Parade page 8, Miami parade page 14. That's an example of the type of national thing we want to do. We have bids for approximately $5,000 with people who do network T.V. news to produce this year a 5 minute professionally done, video tape to go throughout the country and this is the type of thing we want to do. We have a festival in the park that takes up Bayfront Park, and uses Bayfront Park the way you gentlemen intended it to be used, for a whole day on Sunday. In order co do this, we have a budget, as you see, of approximately $60,000. Now the Dada County out of a $21,000 promotional fund had about 6 or 8 applicants, We made a ;presentation. They gave us 10,000 and split the other 11 between Calle Ocho and a parade in North Miami. That was only in their promotional fund. We may put on good parade but we're not always timely to get our requests in for everything else. Next year we're going for more and we should get it from other county funds. Today Mr. Jim Wilson, President of the Emerald Sociey, Mr. Jim Keevney, who is parade chairman, Jack Muldowney and Dan Brennan from the Parade Committee and I are here to ask you on behalf of all of Dade County, the City of Miami, and for what it will do for Miami in years to come, We're only starting our 3rd parade, and you know how successful we've been. As people who also work for a living and just do it because we feel it's something that is good for all of us, that we t,-)u1d ask you for your support. I hate to use..big figures, but I'm afraid I have to, i think it's worth it. We're looking for $25,000 and wiatever other in -kind support you can give us so we can advertise more in New fork, do the tape and do Mt. Shields (continued): the things we really deed. Mayor Ferre: John let me tell you what my problem is. We had this morning the Calle Ocho, Calle Ocho brings together 300,000 people. They Have a budget of $16000001 as I recall, Now, we to going to be sponsoring them for 24,000, okays which is 1/6th which is what? 12%0 or 15% or whatever of their total budget. Now your budget here is $60,000 and you're asking us to give you 25 out of 60. And friend... Mr. Plummer: 25 plus. Mr: Fosmoen: Plus in=kind services. Mayor Ferre: You know, you're asking us to pay 50% of your budget. And I...you don't have my vote. Now I'll tell you what, I'll do the same thing I did for them. I'll go along, I'll vote for the same percentage of the total that we did with Calle Ocho. Okay? Mr. Shields: Well Mr. Mayor, I can't disagree with the idea that you feel for all the segments of the community you have to keep it up. I would say that perhpas Calle Ocho because of its more broad based support in Miami maybe has a little more acces to things that we don't in our 3rd year with Saint Patrick's Day. Mayor Ferre: I know, John. This is the 4th year that they've had theirs. But I'm not going to...that's not the point. The point is that I think it would be totally wrong for this City to put up almost 50% of your total cost. If you're talking about 15% or something like that in that vicinity, hey, I'm with you. You know. 20% but I don't think we ought to go beyond that. And number 2, I think you've got a ... how much has the county given you? Mr. Shields: Out of the 21,000 available, they gave us 10,000. Almost 50% of what they had available, Mr. Mayor. That was just for promotional activities. Their promotional fund. Mayor Ferre: John, we don't have, this comes out of the tax payers pockets. Our money comes out of tax payers pockets. The County has $4,000,000 to play with in the TDC which isn't coming out of ad valorem taxes. The money comes out of the resort tax. And -God, those people ought to really, in my opinion, they ought to fund all these things. So I agree with you. There is no better will than what comes out of Kwanza Festival, the Orange Bowl, Saint Patrick's Parade, Calle Ocho. These are healthy, you know, good clean activities for this community. I'm fully supportive but I don't think that we can pay for 50% of your budget. Mr. Plummer: What can you give him, Mr. Fosmoen? Mr. Fosmoen: I believe that Mr. Mayor, not purpose. We have $10,000 in the budget out of a $60,000 budget and would even be more than we*are giving Calle Ocho, based on 24 but on 14. That other 10 was for a very special Mr. Plummy: All right well, let's first discuss the item that hasn't been discussed? What about the in -kind? Mr. Shields: Well Mr. Plummer, it's my understanding, and Mr. Fosmoen is much more aware of this, there are many police services. Approximately 40 police officers we need each year, there is sanitation requirements for the clean up, etc., and l just know that this can lead into a lot of moeny and perhaps helping this way,., Mr. Plummer: How much of the in -kind is part of your budget? Mr. Fosmoen: There is none, They have $10,000 budgeted for support of the Saint Patrick`s Day Parade, And you know, Commissioner, using the phrase in -kind is kind of now you see it now you don't because somebody has got to pay those in -kind services. And it ends up coming out of the general fund. J FEB 26 1981 4 Mr. Plummer: Well I guess this leprechaun ain't heard what he wants to hear yet. Mt. Vosmoen: What do you want to hear? Out recommendation is that we go with the budget that you adopted which is $10,000 in support of Saint Patrick's Day Parade. Mr. Plummer: Mr. Fosmoen, inflation is high this year. Mayor Ferre: Well what's the magic figure, leprechaun. Waive your wand. Mr. Plummer: If I were to be able to do what I think is right, I would say 15 and the in -kind. Mr. Fosmoen: We have absolutely no idea what the in -kind is. Mr. Plummer: That's up to you. Mr. Fosmeon: But obviously we're going to have to pick up garbage... Mr. Plummer: You have to do that wether you have a parade or not. Mr. Fosmoen: No, sir. The additional cost of picking up garbage and immediately cleaning up after a parade are substantially different. Mr. Plummer: I withdraw Mr. Fosmeon's membership of Leprechaun society. Mr. Fosmoen: If we're talking about 40 police officers... Mr. Plummer: Why don't you like Irish people, Mr. Fosmoen? Mr. Fosmoen: I love the Irish, Commissioner. I'd like to have a balanced budget when we finish the year even more. Mr. Plummer: Now leprechauns can do that. Mr. Fosmoen: They produce, Commissioner, magic pots of gold which I think what we're talking about. Mr. Plummer: Mr. Mayor, my motion stands at 15,000 plus in -kind. Mr. Fosmeon: I have absolutely no idea what we're talking about in in -kind. That is going to... Mayor Ferre: You aren't hearing. Mr. Plummer: He doesn't listen. Mayor Ferre: Do you want to hear again. I heard. Let me tell you what Plummer said. Plummer says, Mr. Fosmeon, I'm leaving that up to you. Isn't that what I heard, Mr Plummer? Mr. Plummer: That's what I heard. Mayor Ferre: Well then what's your problem? In other words, if you don't want to pick up the garbage after, you realize what we're saying? That you're going to have to deal with him about these in -kind and theyre' isn't going to be too many in -kind. Okay? But that's between you and him Is there a second to the motion? Mr, Lacasa: Second. Mayor Ferre; Further discussion? Gall the roil, F s ist The following motion was introduced by Cotftissioner Plumtet, who moved its adoption: MOTION NO. 81-1�1 A MOTION GRANTING REQUEST MADE BY JOHN SHIELDS, ESQ- AND ALLOCATING AN AMOUNT NOT TO EXCEED $15,000, AS WELL AS. SOME IN=FIND SERVICES AS THE CITY MANAGER MAY DETERMINE IN CONNECTION WITH THE ANNUAL ST. PATRICW S DAY PARADE TO BE HELD ON MARCH 14, 1981 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 Mayor Maurice A. Terre NOES: None ABSENT: Commissioner Joe Carollo ... _ :.----� it--• 1 .rt__�....., n caL....... 31. PERSONAL. APII' _Ai;Al C. : STUART SORG, JR. Ai•ib GENIE MCLUN REGARDING A BUSIoESS DEVELOPMENT PRCCRA114 IN COCONUT GROVE TARGL'T AREA Mayor Ferre: Okay, we're now to the next item -which is a personal appearance by Mr. Stuart Sorg. Mr. Sorg. Mr. Plummer: Mr. Mayor, it i;: Father Gibson's request of the Commission that we hear the item but tune nu action. Mayor Ferre: Mr. Sorg, did you hctr that? Mr. Sorg: Yes, sir. Mr. Plummer: Ana :s t,c,, i,nder a personal appearance, we couldn't anyhow. Any action by the would have to be scheduled for a regular agenda. Mayor Ferre: Go ai-.cet i, Sorg,. Mr. Stuart Sorg,: :_�� cr "�xrc, ru?mbers of the City Commission, my name is Stuart Sorg. Grove Development Authority. I'm here today, and I've br.Vn LT%Iini to s;e� aboard the agenda not for City Commission approval. I �;�,_; c,��int c,,,,rtesy presentation of a program that I feel is a necesscr;r pi'.ot: in the target. area. Southeast Banking Corporation, �l VW1 rc: .i ctic package I just put up there, has gratefully agreed to work wit;7 the Coconut Grove Development Authority in providing a black officer to work with black minority businesses in a business dove lop^c nt Program whi;`_tl is an adjunct, or a supplement to the City's Economic Development Prugram. This program was worked out with Tony Crapp of the Trade and Commerck: section. And I'm sure Ms. Spillman in Community Development is very much aware of what we are doing. We're not here to ask for any funding or ask for anything from the City Commission. I think what's important for you to understand is what we are doing today, and what we are se&,ing to begin is the type of program that any bank could do at any time, at any section of the City. It's the same thing that any life insurance company could do. They could offer this on a debit basis, Life of Georgia or Interstate. So, we're not creating a unique position. Southeast Bank coulcl just all of a sudden establish a business development anvwav in this area. But what I'm doing is basic, based on a philosophy that I developed when I was president of the Chamber, that I want the City Commission to know what is going on in Coconut Grove, particularly those types of programs: that have impact on a geographical basis in the City of Miami. And I'd just like, at this particular time, to tell you what we will be doing. We will be calling on every black merchant in Coconut Grove offering a type of service that they feel they're in need of. One of the strong requests over thr years from the blacks have been for a banking service. Someone that they can talk to about their economic needs, So that's... we'll be first of all, calling on all the black merchants, getting a feel for what they require, business expansion, banking services and so forth, The next item that we will be doing is we will be going back to all those merchants... the next item we'll be doing is going back to all those merchants that we've called on and those who require some type of banking service, and that's what Southeast is going to offer them. So we're not here today to get any type of City Commission approval. 1 just want to present to you a program similar to the Master Plan that we presented some months ago when I was president of the Chamber. I just want you to meet Gene McLean and let you just let him tell you what he's going to be doing, Mayor Ferre: All right, Mr. Mclean. Mr, Gene Mclean: Mr. Mayor, 'City Commissioners, my name is Gene McLean, I'm Assistant Lice President with Southeast first National bank :Qf Miami, ire ist Mt. McLean (continued)t I've been with Southeast for Over 8 Yeats, Mt, Sorg and my management have seen fit to ask me to go out info the tofmnunity; primarily the Coconut Grove area and to work with the metrthAhts therey the black merchants there and to see what type of financial Assistance ib conjunction with the other services which ate being provided by the city.and the County that we can provide. Stu and I will start making calls on these buisnessmen probably the first week in Match and start compiling data to identify some of the immediate needs of merchants down heat the Grove. And that way, hopefully, we can assist them in some type of manner. We don't know exactly how yet, but hopefully, we'll be able to help them. Thank you. Mr. Sorgt One mote very important point. This is not subject to Federal funds, County funds, State funds, City funds. Any funding that's cut off to the City, this is an op —going program that will be there for the merchants: I don't have that in our business on Bird Avenue, So I feel this is vital to the black merchant. If you can talk to some of your own friends who have businesses if they've ever had Southeast call on them they're very unique. So I think this is a an outstanding opportunity as a pilot program. If it works, we've talked to other segments of the black community. They are very much interested in them. I think J. L. had a couple of questions that you wanted to ask. Mr. Plummer: No, these were questions that were proffered by Father Gibson and since we're not making any decision, I withhold the questions. Mr. Sorg: This is just a courtesy presentation. And I think if you wanted... Mr. Plummer: Let me ask just so the record will be clear. Father asked the question, does this program overlap with the proposed CD program recently awarded the Grove Target area. Dena, come up to the microphone. Mr. Sorg: We built this in conjunction with that program. _ Mr. Plummer: Father asked the question does this program overlap with the proposed CD program recently awarded the Grove Target area. Ms. Spillman: It doesn't overlap. I think it's very much a part of what we're trying to do out there. Mr. Plummer: Does Mr. Wallace, in parenthesis, Harvey, endorse this program? Mr. Sorg: Mr. Wallace is a member of the board, of the CAACD Task Force. The night that we...when Gene McLean presented this program, and we got unanimous approval on it. Mr. Plummer: Is there any conflict between the CD program goals and the Sorg proposal? Ms. Spillman: No, this is absolutely in support of the goals. Mr. Plummer: That's on the record. Thank you. Mr. Sorg: Is..weli I don't think it would be necessary for us to come back because we're just going to begin a service in the community as opposed to,,, Mr. Plummer; Did I understand, Stu, that you were going to talk with all of the merchants of the area? Mr, Sorg; Absolutely, Every black merchant, Mr, Plummer; Most important, l think, Mr. Sorg; We won't be back but I just wanted you to know what we're doing, Mayor Ferre; Well Mr, Sorg, for myself, let me commend you, you know, Whenever we've had differences, or I've had differences, I've let you know �7 *St 4 Mayot Ferte (continued)i right out front. I, frankly, know very fees white businessmen who have taken as much time out as you have to take the interest in involving yourself in matters that affect all the Grove, black and white. And you've been president of the Chamber of Commerce twice, you've come up with some great ideas like the Grand Dame; which by the way, we ought to do again one of these days. You came up with the idea which I haven't heard hack from you, which was a great idea, of doing on Bird Avenue what we did along Main Highway. Mr. Sorg: Mr. Cather and I are going to meet next week and start that, sir. Mayor Ferre: Well I'm just telling you that was your initiative but we're still waiting on that one, And this thing that you've outlined here and that I've read about, and that you've talked about, is not only imaginative, but it's a very practical and a very important step forward: I hope that you stick with it. I would like very much for you to talk to Father Gibson. You know he's been ill and all that, but he is the Commissioner, and I think you should persist until you have an opportunity.. Mr. Sorg: We will meet with him, personally, sir. Mayor Ferre: ...you and Mr. I1-IcLean should try to reach Father and explain so that he's fully aware of What you're doing, and I commend you for what you are doing. Mr. Sorg: May I just make one more statement? I try in some way to bring the communities together, and we can't bring them together always socially, but we can do it economically. And this is my approach. Mayor Ferre: Well I think it's very good. Any other questions? Okay. Thank you very much to you and to Mr. McLean for your interest. Thank you. 32. WAIVE Bt'ILDI:G P RiiIT FLE FOR CONSTRUCTIOIi OF "RONALD HOUSE" AS PART OF .JACKSON iZNORIt1L HOSPITAL MEDICAL COI-TLLX The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 81-134 A MOTION GRANTING THE REQUEST MADE BY RONALD MCDONALD OF SOUTH FLORIDA, INC. OF A PROMOTIONAL GRANT IN AN AMOUNT NOT TO EXCEED $3,455 TO HELP TOWARDS THE CONSTRUCTION OF THE "RONALD HOUSE" TO BE LOCATED AT JACKSON MEMORIAL MEDICAL CENTER Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: APES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Commissioner Joe Carollo Mayor Maurice A. Ferre NOES: None ABSENT; Vice -Mayor (Rev.) Theodore R, Gibson 33, 21-D PUMC HZIAFi EG: r A,C, PORT PROPLRTY Mayor Ferre: We're now at 3:00 o'clock and we're at public hearings. Is there anybody here on the FEC Port Property and wants to be heard that hasn't been heard? Okay, Mr. Plummer: This is actually, Mr Mayor, as I recall, a continuation. And really the continuation for the purposes of a decision. Mayor Ferre: Do you want to be heard again? Okay. Mr. Fosmoen: Just for the Commission's information, I understand the court date is set for March 23rd on the jury trial. Mayor Ferree Frank Cobo, how did you...I thought you were here with John Shields on Saint Patrick's Day Parade. Mr. Herb Simon: He's on the right side now, Mr. Mayor. Mayor Ferre: Is he? Frank's always been on the right side. Mr. Plummer: Of what? Mayor Ferre: That's a different question. Mr. Simon: And for Mr. Plummer, if I start off faith and begorra, would that help with the leprechauns? Mr. Plummer: Without question. Mr. Simon: That's one thing I've never been called, Mr. Plummer, is a leprechaun. Mr. Plummer: I'm sure happy to see Rosie O'Grady with you. (LAUGHTER) Mayor Ferre: Do you have a copy of Hank Green's letter kind of modifying his position that he wasn't opposed to... Mr. Fosmoen: I can get one, Mr. Mayor. I thought it was distributed previously. Mayor Ferre: Would you get a copy of that. All right. Mr. Herbert Simon: I'm Herbert Simon, President of the Miami Board of Realtors and I have... Mayor Ferre: Excuse me, The Herbert Simon, The one that comes out in the newspaper, a full page ad? Mr, Simon; The very same. Would you like my autograph, Mr, Mayor. (LAUGHTER) We have a resolution to read and I brought my bodyguards with me. They'll embellish upon it, The Miami Board of REaltors, on January list of 81 meeting in Executive Session of the Board of Directors, and speaking on behalf of the property owners of the City of Miami adopted the following resolution; "Whereas the eaters of the City of Mi.am by an overhw9lmbg margin passed the Parks for People Bond Issue in Nove01ker of 1972 in the amount of $39,0004000; and (CONTINUED ON NEXT PAGE) JJ 3 �, . !,J(,j Whereas* in promotion of this bond issue information was Widely circulated throughout the community clearly stating that the Bayfront property from the expressway to the river would be obtained and maintained as a public park; and Whereas the voters of the City of Miami relied on the integrity of the City to fulfill this commitment; and Whereas the City of Miami has taken title to the FEC tract through condemnation proceedings which which involve the expenditure of large sums of money for legal and court costs, and Whereas the Supreme Court of the State of Florida has agreed that the City has the right to condemn this property for public use removing any doubts as to the validity of the taking and Whereas open space along the bayfront will enhance the amenities forever so that our childrens children will be able to look back and marvel at the foresight of our present City officials... 1,11r; Simon: Get that please. That wasn't in there, i added that myself. But which once lost can never be regained; and 'Whereas a date for the final settlement for the condemnation suit is in the offing with only the price and terms to be determined; Now therefore, be it resolved that the Miami Board of Realtors strongly urges the City of Miami Commission to reject the proposal of the FEC which includes retention of development rights on this land designated and approved by the electorate for a public park and to proceed to a final settlement of the condemnation suit." Mr. Simon: And Rose Gordon and some of the others would like to add to that. Mrs. Rose Gordon: I really don't have anything I want to add becauue you're not going to make any decisions today, I assume. Mayor Ferre: We might. We might vote on it. Mrs. Gordon: Okay. I just want to introduce to you the ... I'm presently chairman of the Legislative Committee of the Miami Board of Realtors, my reason for being here in the capacity as a realtor, Maurice. And my Vice --Chairman is Mr. Frank Cobo. And the Vice President of the Miami Board of Realtors is here also, that's Robert Valador and they may want to add something. Mr. Frank Cobo; Mr. Mayor and City Commission, Mr. Manager, this is the first opportunity I've had to address the Commission since I left the Mayor's Office in March of 78, I believe it's that important that T be here this morning because I was one of those that served in 1972 on the Parks for People Program, And as you know, the then Mayor Kennedy, Dave Kennedy sponsored a bond issue through the of course offices of the City and we were successful when the rest of the nation was defeating Parks for People bonds, And yet the City of Miami tax payers were told that that money would be used for parks, And primarily, 1 would like to keep tt as a park. And as a commitment to those people who I promised when l campaigned for those bonds for Parks that that remain as park, Thank you, Mt, simo: We have nothing further unless you have some questions, Mt, Mayor, Mayor Ferte: Any questions from the Miami Board of Realtors? If not, to you Herb and to Rose, and to Frank, and to Mt. Valador, out gratitude for your presence and for your resolution here. If you want to stick around, this may come to a vote. I don't know what the will of this Commission is gong to be. The rules that 1 set this morning was that anything that got on a 22 basis would be deferred so that if this thing bogs down 2-2 then it will be deferred. If the consensus is that way, you know, if it's controversial item where there's not a majority then... Mr. Plummer: No, Mt. Mayor, I can't abide by those ground rules now 1 will go along with this tnorning, but 2-2 is a denial. Mayor Ferre: Well obviously it's a denial. I'm saying if it goes... look, J. L. by the time this thing is over, we'll see whether there's a consensus or not. If there's no consensus which means 2 to 2, then we'll leave it until Father Gibson gets here. Okay. Otherwise, you know, if there's 3 people who are strongly for or against this one way or the other, as far as I'm concerned, then that's the consensus. Mr. Plummer: Okay. All I'm saying is, Mr. Mayor, that if it goes to a vote, and it is 2-2, the matter is denied. Mayor Ferre: Of course it's denied. Mr. Plummer: Not deferred, denied. Mayor Ferre: I understand that. Mr. Plummer: Okay. That's why I asked before whether or not it's going to be deferred, and you're ruling that it wasn't. So I'll go along with the ruling before, but not deferred. Mayor Ferre: It may get deferred if there's no consensus... Mr. Plummer: If that is the consensus of the Commission, I'll so abide. Mayor Ferre: Go ahead. Mr. Toby Brigham: Your honor, may I be heard. I'm Toby Brigham attorney for Florida Southeast Coast Railway. Mayor Ferre: Mr. Brigham, I'll tell you, out of fairness to you and to the rest of the people here, you know now, Herb and Rose have talked before, you've talked before. But I think really, unless you've got something new that you treed to say... Mr. Brigham: I think I do, and I think it's important and it won't take more than... Mayor Ferre: Okay. You go right ahead. Mr. Brigham: Your honors, while the Florida Eastcoast Railway urges your approval of the November 20, 1980 settlement, proposal, I sense that you may not consider allowing development rights within that 32 acre acceptable. And I'd like to announce that if because of the hard work with Mr. Dan Paul you choose to place the residential neighborhood In the North end of Bicenntenial Park adjacent to the south part of McArthur Cause way, a settlement proposal which would provide the equivalent development rights at that location would be acceptable to the Florida East Coast Railroad Company all else being substantially the same transaction, And we would negotiate in good faith to that end. You sought the public advice of responsible groups in the community and l have sum-marised what that is for you. l call Proposition Zero what you will be identified of no settlement and just Proceeding with the trial. And there Are 2 groups that favor that. the honorable Pan Paul, and the editor of the Miami Herald whom we heard from as recently as this morning. 1 F Mr Plummer: Is that 2 people? Mr. Brigham: I group them together. We also have the honorable Rose Gordon and the Miami Board of Realtors whom we group together. That's it. The test, you have the proposition of negotiating further with development rights towards the north end, the Downtown Development Authority, the Miami Dade Chamber of Commerce, the Greater Miami Chamber of Commerce, the Latin Chamber of Commerce, the American Institute of Architects, the Miami Maritime Association, trade unions, at least one tax pavers association and there are...so the public opinion, or the public interest, not as defined by the Herald, but as defined by the study of these groups, favors further negotiations. Mayor Ferre: You also have to add WINZ. Mr. Plummer: On which side? Mayor Ferre: That's on another one. I beg your pardon. Mr. Brigham: In consideration of the announcement I just made, I have what I call a last chance analysis of where we stand. On the left side we have a proposition, we have what we call Proposition Zero which is to go to jury trial and pay the verdict, period. I would like to show you what the price tag of that is for the City. For a price tag of up to $34,000,000 the results obtained would be as follows: First of all, you would acquire the FEC's 32 acres without residential development thereon for the expansion of Bicentennial Park. Secondly, there would be on -going litigation over whether or not the City may actually use the F£C's 32 acres for park purposes in view of the inter -state commerce position that you rust first apply for abandonment of the port facility. The next result would be that you would have on -going litigation with the Holiday Inn claim against the City for up to $2,500,000. And the next benefit or advantage to the City is absolutely zero. That's why we call it proposition zero. Now before you do anything else, the Board of Realtcrs say they represent all of the property owners. I submit they represent real estate brokers who earn money from real estate transactions. If they represented the property owners, I submit that their consideration would be different. Now let's look at what the proposition is for further negotiation. For resourceful and creative exchange of development rights for downtown residential neighborhood next to the McArthur Causeway and other considerations, the price tag is $16,000,000 not up to $34,000,000. The results are acquisition of the Florida East Coast Railroad's 32 acres without residential development thereon for expansion of Bicentennial Park, buying that for about 17 acres. In addition to that, you receive cooperation to end the litigation to relocate the Florida East Coast terminal at the expense of the Florida Eastcoast Railroad. In addition to that, the $16,000,000 buys settlement of the Holiday Inn claim at the expense of the Florida East Coast Railroad of another 2,500,000. In addition to that, the price tag brings with it 5 acres of the FEC land at the north end of the river for the sports arena complex and at $80 a square foot, that's worth $17,000,000. In addition to that, the $16,000,000 gives you a $2,500,000 cash donation by the Florida East Coast Railroad for other City civic improvement purposes. In addition to that, the creation of a downtown residential neighborhood to make Bicentennial Park in the downtown usable and safe and a live place to be, In addition to that, there are enough tax revenues to the City and County over the next 8 years to snake up for the change of administration which is cutting your funds, according to the Herald, for the Overtown project, and the People Mover project, Those tax revenues would be enough to acquire land and build some 6,000 low income housing units in Overtown, In addition to that, those tax revenues would be enough to build an enttre People Mover System, And they would be enough to in addition to relocate U,S, I to the downtown by bridge or tunnel. But there would also be enough, in addition, to pay for a Theater of the Preforming Arts, a Maritime vuseum and harbor, ar.d a sports arena complex, and it would serve as a catalyst to the entire downtown Miami and provide multitudinous ,jobs for the economy, And ycu can throw in a Saint Patrick's DAY Parade entirely, Mr, Plummer: Mr, Brigham, would there be enough left to buy a garbage can to put all that garbage in. 32 ist k Mr. Brigham: I won't even ask tot in -kind services on that. (LAUGHTER) We submit that in the recesses of the windowless Herald the public interest has been misconceived and thete is only one decision which you should make And rather than have downtown Miami fall victim to mistaken public inteteSt, we urge you in your responsible leadership to further negotiate and bring these benefits to the City of Miami. Thank you very much, Mt, Plummer: Mr. Brigham, I thought you made a very fine presentation until I found out that the Mayor wrote your speech when you referred to the windowless Herald. I know he had to write that speech. (LAUGHTER) Mr. Brigham: I thought of that about 6:00 A.M. this morning, Mr. Plummet, and I was restrained. Mayor Ferret It shows you that great minds run together. Mr: Plummer: You're both losers. Mrs. Gordon: Mr. Mayor, I didn't speak before because I didn't know that we were going to hear such a presentation which apparently is so lopsided and one sided. If in fact it's such an ideal thing to take the north end of Bicentennial Park and use it for housing, why FEC? Why not anyone who wishes to bid up the price? I say that we can, honestly can't part of the public land and give it to anyone, FEC or anyone else without the public process. So I don't think anything that's been presented to you here has any validity whatsoever in the continuance of the suit to obtain this open space for the public and fulfill the promise that we made to the people. And I'm sure that you as well as I want to see that promise fulfilled. Thank you. Mr. Brigham: Let me answer that, please. Righ now you're involved in a condemnation suit for the purpose, the sole purpose of expanding Bicentennial Park for passive park purposes. If you proceed to trial and you acquire that 32 acres, it's forever committed to that use. You cannot maintain the right to take all of the 32 acres of the FEC property and at the same time say sell off 14 or 15 acres for development. It would be inconsistent. Therefore, the only party that you can deal with in a settlement negotiation, that's why this is called "Last Chance Analysis", is the FEC Railroad in settlement of this litigation. I believe that is adequate answer to the point raised by Mrs. Gordon. Mrs. Gordon: Once again, I say don't let the smoke screen cloud the facts. The facts are that the people want a park and they wanted it in 1972 and they want it in 1981. And they don't want any building going on on that open space on the water. This City of Miami is beautiful only because it has this vast expanse of open space and waterfrontage and we - shouldn't be short sighted and give it away to selfish private interest such as those we heard of just now. Mr. Brigham; You have 9 community groups who disagreed with that statement. Mayor Ferret All right. Does anybody else wish to make any presentation? Because I'm going to make a presentation to the City Commission. Mr. Plummer: Can we close the public hearing then? Mayor Ferre; Yeah, Mr. Lacasa; I'd like to ask a question from Mr. Brigham. You remember that when we discussed this in my office, I told you that I would consider the question of the north part of Bicentennial Park but only if in this process we could get something for the City that could allow us to immediately go ahead with the comprehensive, massive plan for low income housing, And 1 mentioned that FEC has a property which is very much appropriate for this and that is the Buena Vista Yard, And I never heard again trom them, My position quite frankly is that the only way that I will go fpr'something like this is to really have i.n return something overwhelming, positive to help satisfy what I believe is one 133 Fri 1>6 101 Mt, Lacasa (continued): of the greatest needs that the community has, and that is rental housing units for middle low, and low income people that obviously we cannot provide with governmental resources at this particular time. Other than that, since I do believe along with the Board of Realty people and all the people to a certain it's a sacrifice for the community to give way in a park to this type of development, which doesn't necessarily have any social connotation by itself. I am not to prone to go for this. Biecentennial Park to me, in the present status, is expendable to a certain extent because that park is not being used and that park has been a total waste, and I have said so before many, many times here. But still, it's an open space and maybe eventually we can do something with it. So as I told you before, the only way that I would consider sacrificing part of that, is that if we get something in return of the nature of what I've been explaining to you because that just really would go to the roots of one of the major problems area that we have in the City, and one that we cannot solve, obviously, at this particular time. Mr. Brigham: Your honor, Mr. Lacasa, I pledge myself to work in good f&ith to a settlement. It is hard to respond to a proposition that is not advanced by the City and know the details so that we can respond to it. We certainly are willing to -include in the further negotiation and and discussions the interest that you express. But until we have someone with whom we can negotiate, and someone with whom there is a back and forth, it is impossible to respond to that. But it is certainly a subject matter that can be taken up in further negotiations. Mr. Lacasa: If that is your position, I certainly will welcome the continuation of the negotiations on those basis. But I want to make myself very clear, that has far as I am concerned this vote here will go for this type of operation only if we get something as dramatically effective this time in this community like a massive development of low income, middle low income housing of a rental nature for the people that you were to provide that. In that respect I'll be much more interested in that sort of thing than for instance, the sport arena at this particular point. Even though I recognize the need for a sports arena, there's no question in my mind that the housing considerations are by far much more important in the community now a days. So along those lines if you see any possibilities that this could be entertained by FEC, along those lines I would gladly vote for continuing negotiations. Mr. Brigham: We will be glad to consider it as part of the continuing negotiations. What the exact answer may be will have to wait and see what the details are. _ Mayor Ferre: I'll turn it over to my colleague here and I'd like to be recognized at this time because I want to make a speech. (LAUGHTER) About a year ago, there was an article in New York Times ' One was by B. Begin. The other one was about George Keenan the former Ambassador to the United States to Russia. And in that article, I recognized a lot of things about City government in the United States and things that were happening. George Keenan said there is nothing more important than life. And M. Begin begins the prelude to this book by saying there are things more important than life and worse than death. And there was. There was a contrast between values. Okay. Now we have a decision here about this project. And the decision in 1981, what is the most important thing for the people of Miami, the City of Miami. And I would like to submit to you the following: There is a turn down just abou. from everywhere, including the Chamber of Commerce and the DDA for the offer that has been proffered by the FFC. And I agree with that. Tha:'s the middle of the park. The DDA spent weeks if not months studying this. Bill Klein came up with this Florida Power and Light System of analysis and alternatives, And they went through that whole exercise and they came with an alternative. What they said was, let's negotiate on the northern part of the park and continue the negotiations, I would like to go on the record one more time submit the letter from dank Green of the.., as President of the Chamber of Commerce. And he says, Mayor Ferre,,,dated February loth, fn reference to my letter dated ,January 14ih, 1 wish to make plain that while the New World Center Action Committee of the Greater Chamber of commerce recommended the City proceed to acquire the so called FEC property and Mayot Ferre (continued)! reject any settletilent which would contemplate private development of that site§ the tec6thmendatidh did not preclude any appropriate settlement which might contemplate private development on the North end of Bicentennial Park. Our Chamber has not addressed itself to any alternative to the original FEC proposal. It would appear to me that the time is tight whereby the community as a whole should discuss the most beneficial utilization of Bayfront Park, Bicentennial Park and so on, and it continues on that vein. That's the same thing that the DDA said. The DDA said reject the proposal as offered, continue negotiations. I would like to submit to the Commission we continue negotiations for the following reasons. Number one, there is no way you're going to get any housing in downtown Miami of any kind until you get luxury housing. That's the way it works. You're not going to put low income housing and expect middle income housing to be put next to it. It doens't work that way. It never has. If you get luxury housing, you'll get middle income housing built next to it. That's the way it works. I submit to you that there will be ... you've got to to to the hundred percent property, the best property to put luxury housing. No other way. Now, why would the FEC property. Why not acquire and then put it out for public bid: That might be an alternative. I have no objections to that. But then that precludes us from something which is my point number two, and that is getting the riverproperty. Now why is the river property so important? I submit to you that properties next to the river property are now selling for over $100 a square foot. Please don't put that up here. I don't want anything to do with that. It's selling for $100 a square foot. The appraisal that we had last year was $32 a square foot, 35. We're talking about settling and getting that property on the basis of not too far from that. I submit to you that unless we do it on a swap, we'll never get the FEC property on the river. It will never happen. We don't have the money, J. L., we don't have the ability to get the money. And so it's either this or we're not going to get that property. And if we do, the price is going to be so outrageous that you're not going to be able to build anything on it. So this is it. For that property. Now, why is that property so important? Why number 3? I submit to you that we don't have a finished convention/conference center. Talk to Hyatt, talk to Earl Worsham. Talk to any of them. We need 150,000 maybe 200,000 square feet of exhibition space. Where are we going to put it? We don't have the land. Now, are we going to depend on Gould? Because that's our next choice. We're going to go over to Gould and ask him to do it for us? I think the best place to do it, is to do it on property that is next to the convention/conference center. The only piece is the FEC Thatcher property. Now, I hope that once we get that property in hand, that we might have the ability to get somebody interested if'we put up the exhibition hall to put up the Collisieum which makes sense in downtown "i:mi. It doesn't make sense, really, in Opa Locka. It doesn't make sense any where else. Why? Because we're going to have 20,000 parking spaces within walking distance. Because we have the People Mover that'goest there. Because we have Rapid Transist that's going to bring people from all over this community and that's where the Collisieum fits. Why a collisieum? The collisieum is the only sports facility anywhere in America that makes money. It makes money in Washington, D.C. Why? Because in Washington D.C., and I've seen it, I've been there to see it with a Washington Senator, owned by a relative of Marty Fine. They have Billy Graham in the morning for a revival, and they have a Sunday prayer meeting. In the afternoon they have a basketball game, and at night they have a music concert with Tony Bennet or somebody singing and they pack the place, That's why those places make money. The Orange Bowl And football stadiums lose money, Ours makes it because we don't have any ongoing costs. But most baseball, football. stadiums are money losers, Now, I would say to you that that colli.sei.um and that 150,000 square feet of exhibition space is the most important thing we have to do in Miami, If we don't do this, 1 don't see where the money is coming from to be. able to do it, It may happen, but it ain't going to happen in downtown Miami, Now make to you point number four, And I think t,acasa Came up with something which might make some sense, Lot me toil. you Where the money come s from, and this nobody has talked about. tir, Fosmoen, how much money do we have left in the Housing Bond Issue? Mr, Fosmoen; We hsve sold approximately $3,000.000 worth ,of bonds, Mr, MAY°r, which would leave $21*0000000, UW E8 2 6 k Mayor Fette (continued): Okay. Now let me ask you this question: You heard Mr, London come here and you heard tit, Paul Reingold and others that have come bete and have talked about housing. What's the one problem that we have with that? It's that we don't have any land, Mr, Fosmoen: That's correct, Mayor Ferre: Now, that money cannot be used for anything else. But if we were to have some land available, and we were to tell Mr. London, Mr, Reingold or whoever is invovled, or all two or three or five of them, and say we have this land, Okay? And we will subordinate our position, and we'll go along with apartments for 350 square feet, or whatever, and that parking is going to be taken care of through some other thing, or we're going to get half of it to the new Sports Authority, They only need about 10 or 15, 20 acres for...you know. How many acres do you need for a football stadium, J. L.? Mr. Plummer They're talking about 50. Mayor Ferre: That's with all the parking. But if you double deck and triple deck parking, I think as I recall the figures in Cincinnatti were 15 acres. 1-5. Okay? Now, the FEC property at Buena Vista has 60 acres? Mr. Fosmoen: 55 acres. Mayor Ferre: 55 acres. So we would need to set aside 15 to 20 acres for the new stadium. Okay? Mr. Carollo: Excuse me, are the gentleman's five minutes up yet? Mayor Ferre: And if we go out and...there's some money for you, J.L. We've been sitting on that for 5 years, on that housing money. We haven't been able to find anything to do with it. If we go out in these negotiations, purchase that land for housing and use most of it for housing, I think we've got a vehicle that we can travel on. And I, and you're right, I've talked more than I should, but I think.... we should MAyot Fetre(cont'd): tutu down their proposal but leave the door open a little bit and say -continue negotiations and come back with a better deal, What you cane up with is not acceptable and then I would like to make the following instructions When you come back and we have a notion; 1) that this acreage that we ate talking about be left alone, that remains as a park; or we may want to use it later on for the cultural Center and also for the use of the Maritime Museum, it might fit into this whole complex, that's something that we'll have to... low silouette, I tnean, this is low sillouette, fairly open green area, that we talk to the FEC further about the northern part of the pack, which is what the architects have been proposing, okay? 2) That we instruct that we earmark any cash flow that comes from any of these projects to be earmark for further cultural events so that...I want to get the cultural people behind us on this. If after we pay off our debts and we built our Sports complex and all that, if we are making money out of this thing that the cash flow from that go to the Greater Miami Opera and so that we have a built in support for our cultural base. 3) That we follow up on the recommendation to take the Buena Vista property and throw that into the negotiations with the specific idea of housing. So with those three things, I think that we have plenty to say grace over and I would like to expand the negotiating committee to include repre- sentations from the three main Chambers of Commerce and then let them come back here to see if they can impirove the numbers, that's my recommendation. Mr. Plummer: Any other Commissioners wish to comment since the Public Hearing is closed? (BACKGROUND COMMENT FROM THE AUDIENCE, NOT PLACED INTO THE PUBLIC RECORD) Mr. Plummer: You are out of order, Rose. (BACKGROUND COMMENT FROM THE AUDIENCE, NOT PLACED INTO THE PUBLIC RECORD) Mr. Plummer: Through the Chair. I'm the bigwig, you've got to make me feel important. Mrs. Rose Gordon: You are important and you know it. Maurice, the question that I need to ask you is, in relating your comments to the Downtown Colliseum I didn't hear anything specified or even suggested as to where the money would come from to condemn the rest of the property because the amount of land that you are going to get from FEC is practically not enough for anything —two and a half acres. Mayor Ferre: We've got the money, Rose, we've got the money. In other words, let me put it to you this way. The reason why the FEC has to be a part of the negotiation rather than we condemn and then we put out for sale is not only because of... is the amount of money that we have available. In other words, the way we did this was we backed into it. We said, -how much money do we have available? And the figure was what ... 21, 24? Mr. Fosmoen: We had $26,000,000 total, Mr. Mayor, $18,000,000 in the bank with interest from the Parks for People money and $8,000,000 from the Interama Fund and, of course, this proposal a $2,500,000 cash donation back to the City so that would give us a total of $28,500,000. Mayor Forte: So we have about $28,000,000. So what we did was we said, -what is the maximum that we can get for $28,000,000? And what it amounts to from what we figured is the FEC and Thatcher property and the Seagal property, one unit, and the bayfront property. What we end up with ... and I accepted, we don't end up with a full loaf but we end up with three quarters of a loaf. Mrs. Gordon; Maurice, I figured out the amount based on your own statements of value of the Downtown property being a $100 a square foot that it is in- credible to even consider the negotiation route on that, you would have to go to condemnation if in fact you were going to go at all, and, truly, 1 think that is apples and oranges, to mix the Downtown Colliseum proposition -which is a long range and it's got to go a long way before you are going to own it, because Thatcher is not going to be able to sell it, he's owned it since his grand- parents were Alive and he has such an enormous capital gain there is no way he can scli that, the only way he can dispose of that property is through the route of condemnation or through a trade. Mayer Ferro; That's right. "You knots that Chore is such a thing in the law 8 _ F called "friendly condemnation" which is legal. We can acquire it through a friendly condemnation process which gives him two years to reinvest that in any like property and he is already been looking for property because he knows something like that may be in the baking. Mrs. Gordon: Okay, I don't want to take any more of your time but I do believe that this is really not the issue whether or not you get a Downtown Colliseum, the issue is to keep the open space in Downtown Miami for the benefit of the whole City. Thank you. Mr. tacasa. Rose, Rose, what about the question of housing? How would you re- act to that particular situation. Mrs. Gordon: Well, I believe that large tract of land needs a careful study to put it to its highest and best use. There are many uses that that land could be put to and maybe a combination of housing and business development would be the best approach. Frankly, I don't believe the whole 55 acres of low-cost housing is appropriate anywhere in the City, it forms a ghetto and I don't like it and neither do you. I think it is appropriate to consider a Master Plan for that area if in fact it ever becomes available to us to work with. Mayor Ferre: I agree with you on that, Rose, but that gives us a vehicle because we have 55 acres of prime land and I would be totally against putting 55 acres of low-cost housing, but I think we might be able to sell some of those pieces, we might be able to develop some of those sports complexes, a lot of things we can do and with the proceeds then we can buy other land...you know, there are a lot of things we can do. Mrs. Gordon: I beg you to take your position today and don't continue nego- tiating and talking about giving away something on the bayfront. If you want to talk about utilizing other land in the City, there is according to Dena and in our consultation with her on the housing situation, enough land available now for the City to build 81,000 units of housing without buying anymore, in different locations, scattered. Mayor Ferre: Dena, would you send me a map of where those 81,000 units are? Dena, would you please step forward? Mr. Fosmoen: Without buying? Mrs. Gordon: Well, I'm not certain of that, I just know there is enough land available for 81,000 units of housing without giving away anything on the bay. Mayor Ferre: Dena, I've been desperately looking for that, I'd be very grate- ful if you would send me that information. Ms. Dena Spillman: We currently have no land in our investory for any kind of housing, we are looking are three City -owned sites now which is only about 4 acres. We are talking about buying some additional land. Mrs. Gordon: I meant that there was land available whether some has to be bought with the bond money that we have for that purpose It's still that there is land available. Mayor Ferre: Look, the issue before us is not whether or not we conclude with the FEC, and George, I just want to make this statement, it's not whether or not we conclude with the FEC. All I'm asking is that we continue the negotia- tion, that's all. I'm not asking you to vote on any deal oar any conclusion. All I'm asking_ for is that instruct the Manager to go back to the FEC, continue negotiations, and I would like to ge the three Chambers of Commerce to desig- note an individual to be part of the negotiating Committee, that's all I'm asking. Mr. Fiuumer: Well, under conversation, Mr. Mayor, under discussion, you know, I find myself in a very peculiar situation in the fact that I am forced to agree somewhat with Mr. Brigham, who is the other side of the Adversary position, even though he is a friendly adversary. I begged this Commission some four years ago pot to Say our financial jugular vein on the block end using an order or taking which said that we take the property and a Jury of six people will decide how Muth it will +post. I think it was dipestruous then, I think it is dipastruous now and it's very poor consolation in my book to lye able to say, I was right at that time and Vin even more tight now, because I think it is going to be a disastet, we ate going to win the battle and lose the war, Well, I hope not, also. Mr, Mayot, I will make no bones about the fact, using your paraphrase as I have in the past, parks are for people that's it. They ate not for parking, they are not for condos, it is for people, We spent an awful lot of money, Mr. Mayor, to acquire the property for parks and we say it with pride, We justify out expenses by saying to the people of this community here is something we have bought for you for infinitum, not only for your use but for your children and their children. Mr. Mayor, I wholeheartedly agree with you on only one point. That point is this, I am not opposed to further negotiations to try to acquire that property outside the court settlement, I think that we can possibly, first of all, separate the two issues, separate the river property from the bay property and hopefully negotiate them independently. Mr. Mayor, I'm still of the conception that says that we possibly could go across on the west side of the boulevard, condemn property and use that as our tool for negotiation. I will not vote for any proposal to put anything in the parks but people. (BACKGROUND STATEMENT OFF OF THE PUBLIC RECORD) Mr. Mayor, that's fine, the cultural people will not have my vote to put anything other than those parks for people. As far as I'm concerned, it is an unused park and that's our fault that it's an unused park. It is an unused park because if you go to Kennedy Park and look at that park, let me tell you something, it didn't happen by coincidence that that place is jammed every night. The Vita Course was put in there and people use it, and if you take and put something in Bicentennial Park that will interest the people and draw the people, I think it would be utilized just the same. Mr. Mayor, I am not opposed to further negotiations but I am totally opposed to the use of parks for anything other than for the peoples' use. Mayor Ferre: Okay, then based on that, I'll pass the gavel and I'll take the responsibility of making this, and I'll just make a simple motion that we nego- tiate, that we continue negotiating with the FEC, period. Mr. Plummer: Motion made, is there a second? Mr. Lacasa: Second. Mr. Plummer: Is there any discussion on the motion? Mr. Carollo: Under discussion. I don't know where to start, both of my colleagues have started quoting other people, so I guess I'll be out of step if I don't quote somebody so let me quote Walt Disney and something he said not too long ago that "it's a small world after all". I think I've made my point clearly to this Commission that I am against seeing condominiums built in our parks. I don't know if at some time in the future I may find myself in a minority in feeling this way in this Commission, maybe I will and maybe I won't, however, since regardless of what stand this Commission takes here there is no doubt in my mind that in one way or another our Administration is going to continue negotiations or at least have an avenue of negotiations open on this. I would at least rather have the courage to lay it on top of the table so that I could know what's going on instead until three or four months later. That was the only reason I voted some two months ago or so that we could have these public hearings. Now, again, my vote is against having condominiums in our parks. I have not seen anything that has made me change my mind. Further- more, I feel that from what I have been able to see as fact and what I have been told even by our own City Attorney, I don't know if we would be legally correct in doing anything but keeping that as a park. I think there is a big question mark and we might probably be heading in a direction which might totally be illegal. Now, Commissioner Gibson is not present today, I don't know if his vote might make a difference or what his feelings might be, I gather that he feels also that he'd Like to see a park there but outside of that, I don't know what other feelings he might have on that. Mr. Plummer; Excuse me, Mr. Carollo, there was nothing on his memo. Mr. Carollo: That's why I made the statement I chid, J.L. I would be willing to extend the negotiation to the Next meeting if Commissioner Gibson comes here and he wants to express a different view than that then let's take up $Bain. The only area that I would like to change is that I want to be kept abreast, Commission meeting by Commission meeting, of what is being discussed. Ple-Xv you know, I guoss what I'm telling You in a way is At ,east this Com- miostoner, gust about any negotiations that You are going to bringing back to me that smells condominiums, I'm not going to be for, but I'm do4ltng in this �� FE?326 1981 4 4 with a fait mind and if you all want to try to attempt to negotiate all that I'm asking is that I be infotmed and that if this Commission says something now that something else is not done behind our backs to save all of us a lot of probleits, I have no probleta with the Administration going with this Com- mission's approval and try to attempt any type of negotiations that you want as long as we are brought up to date on this, as to what you are doing, every Commission meeting, and as long as you remember that we are going to have: the final word, at least three members of this Commission here. Mr. Plummer: further discussion. Motion understood, call the roll. The following motion was introduced by Commissioner (Mayor) Ferre, who moved its adoption: MOTION No. 81-135 A MOTION AUTHORIZING kND DIRECTING THE CITY Mn;'AGER TO CONTINUE NEGOTIATIONS WITH THE FLORIDA EAST COAST RAILROAD FOR ACQUISITION OF THE REC PORT PROPERTY. Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Commissioner Armando Lacasa Commissioner Joe Carollo Mayor Muarice A. Ferre NOES: Commissioner J. L. Plummer, Jr. ABSENT: Vice Mayor (Rev.) T. R. Gibson FOLLOWING ROLL CALL: Mayor Ferre: Okay, Mr. Briggham. Mr. Toby 'Brigham: A point of information, please. As you know, I have been involved in good faith efforts to bring this matter before you for this public hearing. Your special trial attorney has not been as deeply involved in the time consuming. We wish to negotiate in good faith continuing as I understand that it is your decision to do. We are facing now a jury trial on March 23rd. These negotiations, particularly to consider all that you have asked be considered, are detailed and must be done thoroughly and deliberately. Some of you are lawyers, others of you have a sense of fairness. I appeal to you this way, that to decide now to further proceed to negotiate in good faith I would ask that there would also be a thirty -day extension of the trial so that we may...so that we are not placed in the position of having to prepare for trial and conduct good faith, serious negotiations at the same time. The Court informed us at the time that they set the March 23rd trial that if the City Com- mission should, by motion, ask to continue negotiations for a further continuance that they would consider it and grant so I ask for no more than thirty (30) days so that we are not put in the unfair position of trying to negotiate in good faith but also having to prepare for a major jury evaluation trial. Mayor Ferre: Mr. Brigham, I just want to state my position on the record so that we don't have any misunderstandings. This thing has been going or. now for 8, 19, 10 months. This item was deferred once, the trial date has now been set for the 23rd, which barely gives you four weeks. I understand the hardship that this creates, however, I personally made a commitment through Dan Paul to frill Freites that my personal vote, anyway, is not to extend this any further. I would hope that we can come to a quick conclusion and that this committee can come back, or that the Manager can come back with a further recommendation or. March 12, if we don't, then I think we have to go to trial on the 23rd, and I would submit to you just like we have Mr. Frates during the trial, that per- haps you might want to get Mr. Thorton (sp?) and others.to be involved in the negotiations so that you can proceed with preparing the trial., Mr. Brigham; It doesn't quite work that way from our end of things and of course Mr, Freites has not been extensively involved in all that has been done so far, Anyway,, I appeal and ask for you to please let me know if you would make a Motion and extend the trial date so that we are not in the position of having to prepare 4 major trial and..,, I 0 Mayor Pettet that's a fait tequest and I11.1 see if anybody wants to bake such a 'notion, Anybody wants to make a notion to extend the trial date beyond the 23td of 'latch? (repeat). Mt. Brighamt So that good faith negotiations may be delibetately done. Mt, Plummett I would 'rather.,! think the Mayor stated that we could make that determination on the 12th and I would rather see at that time whether a motion would be in Order depending on the good faith that exists between now and the 12th. Mt, Brigham: I would also like to know with whom I should negotiate, we've had difficulty in doing it in way that avoids any criticism. Mayor Ferre: The City Manager: Mr. Brigham: 'hank you very much. Mayor Ferret. All right, next item... Mr. Carollo: Mr. Mayor, I would like to clarify something before we go to the next item. In no way whatsoever did the motion that we passed is going to interfere with the City proceedings to go to a final settlement on the con- demnation suit, correct? Mayor Ferre: That's correct. Mr. Carollo: I just wanted to doubly verify this. END OF THIS ITEM. 34. PROPOSED ORDINANCE: EXTEND HOURS OF OPERATION FOR DIEPENSING ALCOHOLIC BEVERAGES IN LARGE HOTELS. (See Label #55 for FIRST READING ORDINANCE) Mayor Ferre: We'll now take up, out of sequence, item F. Mr. Sabines, all right, Mr. Lacasa and Mr. Manager. Mr. Fosmoen: As you can see in your packet, Mr. Mayor, members of the City Commission, the Police Department has reviewed this proposal to extend the operating hours for liquor establishments. There are a number of potential problems that they have identified. One of the perhaps most difficult to overcome is complaints from proprietors whose businesses are not located within hotels for an extension of the hours of operation. In addition to that, of course, the Department has identified several other problems that tend to focus on longer hours of operation. Mr. Lacasa: Mr.Mayor, the purpose of this amendment to the ordinance is the need that the City of Miami is experiencing now to cater to a clientele com- posed of tourists and business people who come from other countries where they do have other ways as far as the question of their entertainment is con- cerned. We are trying to have the City of Miami become an international cen- ter basically oriented towards places like in Latin America wherefrom our tourism and our business comes to a major extent, What we are proposing here is to extend the hours until 5:00 o'clock only to hotels of, let's say, over 100 rooms to insure that we are talking about a specific type of establish- ment and not run-down daces and to hotels which have in their premises night clubs as defined by our Charter and this will also preclude of having the neighborhoods being affected by the extension of hours because we will be limiting the extension of those hours to those specific places within the confines of the hotels themselves, So basically, this will call then for an amendment to out ordinance extending the hours until 5;00 A,M, only for those hotels within the limits of the City of Miami that have 100 or more rooms and that at the same time have a night club facility, as defined by the Charter within their own confinee. Mr. Fosmoen: Okay, I think that that would remove most of the objections that the Police Department is taising. THEREUPON, Commissioner Lacasa addressed Mr. Sabines and explained his previous statements as hereinabove transcribed. Mt. Lacasa: So that's, Mr. Mayor, the motion. Mayor Fetre: All right, is there a second? Is there a second to the motion? All tight, would you repeat your motion so that we understand it. Mr. Lacasa: The motion is to amend the ordinance to extend the liquor license hours until 5:00 o;clock in the morning within the City of Miami that have 100 or more rooms and tha have night clubs within their own facilities as defined by the Charter and which are presently existing. Mr. Plummer: Under discussion, Mr. Mayor, Mr. Fosmoen? It would be my L.nder- standing as I read the memo from the Chief that any new night club licen:,e would have to come before this Commission for approval. Is that correct:' Mr. Fosmoen: With the ordinance? Mr. Plummer: Yes. Mr. Fosmoen: Yes. Mr. Plummer: Well, that's important and very critical that trie.re is not roi*lo to be a rash tomorrow morning of applications being; put in by everybody and every one that this Commission is going to retain control over who bets the new licenses other than what is outlined in the memo, that's very -important. Mayor Ferre: Okay, call the roll. THEREUPON, motion duly made by Commissioner Lacasa and seconded by Commissioner Plummer, the City Commission passed the hereinabove motion extending the hours of sale of alcoholic beverages until 5:00 A.M. for certain size hotels, as specified, by the following vote: AYES: Commissioner Armando Lacasa Commissioner Joe Carollo * Commissioner J. L. Plummer Mayor Maurice A. Ferre NOES: NONE. ABSENT: Vice Mayor (Rev.) T. R. Gibson (NOTE: PLEASE SEE LATER FIRST READING ORDINANCE WHICH WAS PASSED BY THE CITY COMMISSION FORMALIZING THE ABOVE ACTION). ON ROLL CALL: *Mr. Carollo; We are going to a First Reading only, correct? Mr. Ongie; It's a motion at this point. Mr, Carollo: I vote yes. 35. CONSENT AOtNDA, Mayor Perre: Before the vote on adopting items included in the Consent Agenda is taken, is there anyone present who is an bojector or pro - potent that wishes to speak on any item in the Consent Agenda? Hearing none, then, is there a motion? Mr. Plummer: I have a problem here, hold on just a minute, I am concerned with item 37, the Little Havana Community Center, Building B. My concern has to be the fact that 64 people were invited to bid and only two people bid. I have to be concerned about that and my concern says the only way I will vote on this favorably is that I want a list supplied to me of the 64 companies who received the bid so I can speak with those people to find out why they were so rich and didn't want to bid on this procedure. Mr. Don Cahter: Commissioner. Plummer, we will be happy to furnish you with the list we sent out but we, on demolition contracts, there are only three or four contractors who generally bid on demolition. Mr. Plummer: Then why did you >end the 64? Mr. Cather: Because we try to cover as much as possible so that we make sure that everybody who might pofsibly want to know about it gets a chance if they want to, but we have ]et 3 or 4 demolition contracts in the last few months and the've all been Ben Horowitz and Jeles Brothers, the only two that have bid on it. Mr. Plummer: Do you understand what I'm saying? Mr. Cather: Certainly. Mr. Plummer: When you send out 64 proposals and two come back and if you look at the proposals...I understand, but,..the only thing that I could pick up out of this back up material was that maybe it was too small of a job, I don't know, okay? That might be one of the questions, because everybody wants a big job but I will vote favorably, as I said, predicated only on the fact that I will be furnished a full set of all the people who were'sent bids. Mr. Cather: Yes, sir. Mayor Ferre: Okay, is there further discussion? Is there a motion? The Following resolutions were introduced by Commissioner Carollo seconded by Commissioner Lacasa, and passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Armando Lacasa Commissioner J, L. Plummer,Jr. Mayor Maurice A. Ferre NOES: None, ABSENT; Vice Mayor (Rev.) T, R. Gibson 35.1 ACCEPT COMPLETED WORK; AMERICAN ROOFING SERVICES, INC. ($6,222.00 ) For; Tacolcy Center-Reroo€ing/1984, RESOLUTION 6 -137 A RESOLUTION ACCEPTING THE COMPLETED WORK OF ANERICAN ROOFING SERVICES, INC. AT A TOTAL COST of $6,222,00 FOR ftft Over) Title of R=81=137(cont+d): TACOLCY CENTER REROOFING/1980; AND AUTHORIZING A FINAL PAYMENT OF $622.20. 35,2 AUTHORIZE INCREASE OF $4,000 IN CONTRACT BETWEEN CITY OF MIAMI AND MIRI CONSTRUCTION, INC. COMPLETION OF MIAMI=BUENA VISTA PARK, RESOLUTION 81--138 A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT IN AN AMOUNT NOT TO EXCEED $4,000 BETWEEN THE CITY OF MIAMI AND MIRI CONSTRUCTION, INC. FOR THE COMPLETION OF MIAMI-BUENA VISTA PARK, SAID AMOUNT TO BE PROVIDED BY COMMUNITY DEVELOPMENT FUNDS. 35.3 ACCEPT BID: From JULES BROTHERS, INC. ($16,490.00) For: Little Havana Community Center- Building "B"- Demolition. RESOLUTION 81-139 A RESOLUTION ACCEPTING THE BID OF JLELLE BROTHERS, INC. IN THE PROPOSED AMOUNT OF $16,490.00, BASE BID OF THE PROPOSAL FOR LITTLE HAVANA COMMUNITY CENTER -BUILDING "B"-DEMOLITION; ALLOCATING THE AMOUNT OF $16,490.00 FROM THE "FOURTH YEAR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS" TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $1,814.00 TO COVER TIHE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $496.00 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. 35.4 AUTHORIZE PUBLICATION OF NOTICE OF PUBLIC HEARING: For OBJECTIONS TO ACCEPTANCE OF COMPLETED WORK - Construction by ROENCA CORPORATION OF ENGLEWOOD SANITARY SEWER IMPROVEMENT, etc. RESOLUTION 81-140 A RESOLUTION DIRECTING THE CITY CLERK TO PUBLISH A NOTICE OF PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPTANCE BY THE CITY COMMISSION OF THE COMPLETED CONSTRUCTION BY ROENCA CORPORATION OF ENGLEWOOD SANITARY SEWER IMPROVEMENT IN ENGLEWOOD SANITARY SEWER IMPROVEMENT DISTRICT SR-5461-C (CENTERLINE SEWER) AND SR-5461-S (SIDELINE SEWER). 35.5 AUTHORIZE PUBLICATION OF NOTICE OF PUBLIC HEARING: For OBJECTIONS TO ACCEPTANCE OF COMPLETED WORK - Construction by P. J. CONSTRUCTORS, INC. OF NORTH 59 STREET HIGHWAY IMPROVEMENT. RESOLUTION 81-141 A RESOLUTION DIRECTING THE CITY CLERK TO PUBLISH A NOTICE OF PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPTANCE BY THE CITY COMMISSION OF THE COMPLETED CONSTRUCTION BY P. J. CONSTRUCTORS, INC. OF NORTH 59 STREET HIGHWAY IMPROVDiENT IN NORTH 59 STREET HIGHWAY IMPROVEMENT DISTRICT, 4 36, APPOINTMENTS TO: BOXING AND WRESTLING BOARD. Mayor Fette: Take up item 20. Mr, Plummer: 14r, Mayor, you know$ I made a mistake today, I'm sorry; and let me, please$ because if not I couldn't sleep tonight. Twenty is the Boxing Board?...Mr. Mayor, we made appointments to another Board today in which I gave the name for Father of Mr. Kinnon, what Board was that on? Mr. Fosmoen: Boxing$ Commissioner. Mr. Plummer: This morning? Mr. Fosmoen: Yes. Mr. Plummer: Oh, you are bringing it up again? Mayor Ferre: See, Joe asked that we defer the item until he had time to think, so the only thing that's left really is his appointment. Mr. Plummer: Okay, fine, I'm back in the ball park. Mayor Ferre: All right, make your appointment. Mr. Carollo: My appointment is going to be Armando Galvan. Mayor Ferre: Armando Galvan. G-a-1-v-a-n. Now, then I would like to appoint if it's all right with you, Fernando Puig as the Chairman of that Committee. Mr. Plummer: Mr. Mayor, I would hope to keep uniformity in which I'm in accord in this particular case, but that will be a Commission appointee. Mayor Ferre: What do you mean? Mr. Lacasa: All of these are Commission appointees. Mr. Plummer: Well... Mr. Lacasa: What we are doing is nominating. (BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD) Mr. Plummer: I make a motion, Mr. Mayor, that the five names as submitted be constituted as the Boxing, and that, as you recommend, and the Commission concurs, that Mr. Fernando Puig be named as Chairman. I make that in the form of a motion. Mr. Carollo; My feelings are out of the five members of that Board they pick by themselves who they want as Chairman. Mayor Ferre; I've got no problem with that either. Mr, Carollo; In fact, maybe we could go over the people who were appointed again. Mayor Ferre; All right, there is a motion and a second, I have no problems either way, okay? Mr, Carollo; I should think that the Board members are going to work better together if they all get together and vote upon the Chairman themselves, Mayor Ferro; Joe, in the past, and l';u talking about before, i was Mayor, 35 r .rIT�o ;. 9th the Mayot always appointed the Chair, Now, during Rose Gordon's tenure here it worked fot about 4 or 5 yeats and theft she got to a point where she started questioning my tight to appoint the Chairman and then after that I saidt =fined let the Cdbtiission do it; but we have always appointed the Chairman because we feel that it's out responsibility to select who the Chair should bey itts traditionally what we've done. Mr. Carollo: I made my pointy befote we vote we should go over the names again so that we could all be sure who... Mayor Ferre: All right, the five persons who have been appointed are Mr. Goodman, appointed by Plummer; Mr. Fernando Puig; who I appointed; Mr. dike Recarey, appointed by Lacasa; Mr. Galvan, appointed by you; and Father Gibson appointed Mr. James F. Kinnon. That's it. And the Chairman is Fernando Puig, thatts part of the motion. Okay, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 8r142 A RESOLUTION APPOINTING THE BELOW LISTEN INDIVIDUALS AS MEMBERS OF THE CITY OF MIAMI BOXING AND WRESTLING BOARD, NAMING ONE AS CHAIRMAN, EACH SERVING TWO-YEAR TERMS HENCE- FORTH FROM THIS DATE; AND FURTHER APPOINTING THE DIRECTOR OF THE DEPARTMENT OF LEISURE SERVICES AS THE CITY STAFF. LIAISON TO THE BOARD. (Here follows body of resolution, omitted herein 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 Mayor Maurice A. Ferre NOES: Commissioner Joe Carollo ABSENT: Vice Mayor (Rev.) T. R. Gibson FOLLOWING ROLL CALL: Mayor Ferre: Fernando, will you accept the Chairmanship? (INAUDIBLE RESPONSE NOT PLACED INTO THE PUBLIC RECORD) Mayor Ferre: Okay. 37 MOTION OF INTENT: CONTINUED FUNDING OF "NEW WASHINGTON HEIGHTS ECONOMIC DEVELOPMENT CONFERENCE" TO MARCH 31, 1981. Mayor Ferro; We are on the Committee of the Whole, and this is New Washington Heights. All right, Plummer, last time around you asked..,let me see if we have a responses time, did you come here with some kind of proof or clear indication that the State is going to fund? UNIDENTIFIED SPEAKER; I do believe, Mr. Mayon, that all of your officers were furnished with copies of a letter that we received from the State indi- canna that they had reviewed both are grant and loan application packages. Also contained in the package which we submitted to each of you, was a letter of recommendation from DAdo County's office of Economic. Development under Dr. Martin, which was also a very favorable review, There was also a schedule FEB 421981 i a 0*1 of dates under which the State...I+m sorry, Mr. Plummer! Mir: Mayor, the Manager concurs that there is credence to the letter and I make a motion that we fund them until the 13th of March. Mayor Ferre: Is there a second? Mr. Lacasa: Second, The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION No. 81-143 A MOTION TO CONTINUE FUNDING OF THE NEW WASHINGTON HEIGHTS ECONOMIC DEVELOPMENT CONFERENCE UNTIL MARCH 17, 1981,* (See Note below) 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 Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo Vice Mayor (Rev.) T. R. Gibson S *NOTE: Though the motion stipulated March 13, 1981 based on the fact that that was the scheduled date of the first Com- mission meeting in March, later that meeting date was changed to the 17th, and therefore this motion is being amended accordingly, to comply with Commissioner Plummer's intent. 38. DISCUSSSION OF PROPOSED "DRIVE-IN TELLERS" ORDINANCE. Mayor Ferre: Drive -In Tellers, is that controversial? Mr. Richard Whipple: No, sir. if you will remember at the last meeting a request -and it's on the agenda tonight- for an extension of drive-in tellers which Mr. Plummer brought to my attention once again, that he felt that the City Commission should review all drive-in tellers, that it shouldn't just be a Zoning Board function and it should come on the Com- miss ion. I requested at that time that, because I felt strongly that that should not be the case -that I :sight have an opportunity to discuss it a little further with you and let the Commission decide then whether they wanted us to go ahead and draft an amendment or if the Commission, as a whole., felt that might not be necessary. So I'm here to answer questions and perhaps ask questions with respect to the potential need for Commission review. I sent a memo, a short memo, on February 20th, where I pointed out that from the Administrative standpoint since we :Hake drive-in tellers as conditional uses in 1971, that all tellers dial have to go through a review process and public hearing and in this review process by the Administration, the planning Department has the opportunity to evaluate the proposed faci- lity and also we have the very capable assistance of Aade County Aepartment of 'Transportation, Between these two agencies and also our highway engineer from our Popartmont of public Works in the City, we have evolved what we feel are adequate standards with respect to stacking, turning movements, making suggestions for ingress %Rd egress, turning lanes, the acceleration lane, which will hopefully will rake each ,f the facilities the best neighbor that 1 El they can be recognizing that it is a use of generating and of people and auto" motive movement; so I would like to suggest to the Commission that if they do not feel the standards that these three agencies have been using.,.that we could increase the standatdsj we could reduce them to writing so that they would be a permanent record and requirement of all reviews and that this could be handled administratively without burdening this Board with each application. Mr. Plummer: Mr. Mayor, I make a motion at this time the ordinance be prepared to bring all drive-in tellers before the Commission. Mayor Ferre: You want to bring them here? Mr. Plummer: Yes, sir. I'm not satisfied with what the three Boards are doing, that's a damn mess we've got now. And I want to stop that. Mayor Ferre: Okay, Mr. Whipple: If this is a workshop, could I ask some questions? Mayor Ferrer Yes. Mr. Whipple: I would like to know... Mr. Plummer: You can't ask any questions right now, I haven't got a second. Mayor Ferre: Yes, you do, Lacasa seconded it. Go ahead. Mr. Whipple: I'm trying to find out what these problems are because evident- ly we aren't aware of the problems that you are alluding to, Commissioner Plummer, perhaps there is an explanation for these and we could provide those explanations. Mr. Plummer: That's very obvious, Mr. Whipple, that you don't understand, and I suggest to you, sir, that any time in the day between the hours of 1:00 P.M. and 5:00 P.M., that you go down and sit behind Southeast Bank at their drive- in tellers and I think it will become blatantly clear to you, sir, what the problems are, and if that is not enough for you, then I suggest you leave there and go the Royal Trust Bank on 6th St. and 27th Avenue, that is, if you can get near the place by the cars that are lined up back to Beacom Boulevard, and then I think that it should be blatantly clear to you -if that doesn't work- that you go to the Bank of America, on Coral Way, and look at their drive-in tellers and see that they have no stacking off street. Now, would you like me to continue or...? Mr. Fosmoen: Maybe we can get back to you with some more information. Mr.Plummer: I have no problem with that, I want that ordinance now, okay? Get the ordinance in, then if you want to modify it, you know, I only asked for this over 6 months ago. Mr. Fosmoen: We'll draft the ordinance. Mr. Plummer; Fine, that's all I'm asking. I'm going to tear the Law Depart- ment up in a minute. Mayor Ferre: Okay, we have a motion and a second, further discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption, MOTION No. 81-144 A MOTION DIRECTING THE CITY ATTORNEY TO PREPARE THE NECESSARY AMENDMENTS TO THE ZONING ORDINANCE TO REQUIRE ALL DRIVE-IN TELLER APPLICATIONS TO BE ,AUTOMATICALLY SUBMITTED TO THE CITY COMMISSION FOR APPROVAL, Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: FED r-6 Commissionet J. L. plummets it. Commissioner Armando Lacasa Mayor Maurice A. Pette NOES. None. ABSENT: Commissionet Joe Catollo Vice Mayor Rev.) T. R. Gibson DISCUSSION ITEM: WEST COURTYARD ROOF FOR 39. R "COCONUT GROVE EXHIBITION CENTER", Mayor Ferre: On the West Courtyard Roof, would you tell us for the record what the problem is? Mr. Fosmoen: Mr. Grimm will report on the results of the Committee. Mr. Vince Grimm: Mr. Mayor, members of the City Commission, did I under- stand Commissioner Plummer wrong earlier today when he said he wanted this item deferred. Mr. Plummer: Who said that? Mr. Grimm: I thought you did. Mr. Plummer: Item G? Mr. Grimm: Yes. Mr. Plummer: No, wait a minute, Father Gibson makes a comment, -"why should we accept a new contract when there is an existing plan in the hands of the original renovators?" Mr. Grimm: Not true. Mr. Plummer: Then, that answers the question. Mr. Grimm: At the last Commission meeting, the Commission appointed me as Chairman of a Selection Committee to hire a professional architect or engineer to design a roof to cover the West Patio area at the Dinner Key Exhibition building. Fortunately, the Public Works Department had already been working on this and had already sent out request for interest among the professionals and had received interest from five different engineering firms. In the process of our interviewing each of these firms it became apparent that the City's budget for that roof is very deficient. The amount of money that we provided in the Capital Improvements Fund is close to $350,000. The cheapest that any one felt that the roof could be built for was in the neighborhood of $1,000,000., two of the consultants felt that it would run closer between $1,500,000 and $2,000,000. Now, with that information available to me, I felt that it would be very imprudent to recommend a consulting firm to design a roof for which we dial not have funds and felt that unless the Commission di- rected us to proceed on the basis of further analysis for further refinement of the coast, that unless we were willing to bite the bullet on the increased cost that we might as well stop, right now. Mr. Plummer; Two years ago we could have done it for $350,000, K Grimm: One person said that, Commissioner, I never believed that then and I don't believe it now. Mr, Flummer; Well., ypu know, then i have to ask, Vince, the question and i will take your word for it, Are we trying to put some bind of A super, super roof or are we putting the bare essential.? r7 a Mr. Grimm: We talked .about three different kinds of roofs. We talked about two kinds which could use the existing berm walls as part of their support., and those are the exotic kinds of roof once of which is air supported, the other which is tension=type, -which kind of a fancy name for a tent. The third type that we investigated was the simplest, possible roof we could ;gut on but one that would give at least 40 foot height to the ceiling because we want to be able to park boats with masts on them, and secondly one that had the least possible inteference for columns, so that we would have maneuve-able space in there. how, you are talking about a roof that has a span of 180 feet, that has to have its own independent structure because neither the walls 3f the Auditorium or the berm are capable of carrying it and because of the tect that it is filled land you are talking about having to probably- put it on tile foundation. Further, when you enclose that space -because over two thirds of it happen to be asphalt-- you have to, under our present Buildin- Code, remove all that and put in a floor because asphalt is flamable and moot allowed inside the building. Thirdly, when you build a roof of that magnitude you just can't continue to ignore run-off from rains, you have to provide a positive way of disposing of that water. We just can't continue to dump it in the berm or unto the adjacent roof. Fourthly, if you are going to do some- thing like this, you might as well do it good instead of half -ass, and that means you have to come in and put in an electrical system in that floor that would support using that space. Fifthly, you've got problem now that you've got a restaurant in there that you've got to accommodate it's technical require- ments, and that's only scratching the surface. But the purpose behind telling you that is to indicate that you are not going to get it cheap. Mr. Plur mer: May I suggest this, Mr. Mayor, I assume all of that is inccrpora- ted in your memo. ;fr. Gri=: Yes, sir, it is. .::. Plurmier: All right, tilat you send a copy of that to all of the: users and potential users of the Auditorium. Mr. Grimm: Well, I send a copy of it to Larry Pearl already. Mr. Plummer: Well, he is the main one, okay? Now, what I was getting at before Vince, and I'll tell you, Mr. Pearl spoke to it once before. Mr. Grm=: Yes. Mr. Plummer: That if he could have somewhat of a five-year guarantee of use of the facility that he would make a donation to that roof of "x" number of dollars per year to pay it off. Do I recall that that tent that they put up over there cost them something like...what?... Mr. Fosmoen: Like $12,000 a week. Mr. Grimm: A tent for two days costs $9,000, a tent for a week costs $12,000 a tent for a month might cost as high as $20,000. Mr. Plummer: Okay, what I remember very well him saying that he would rather make a pro-rata five-year donation to the City rather than paying it for a tent which is taken down thereafter. Mr. Fosmoen: But, you know, even $20,000, Commissioner, five years is $100,000. Mr. Plummer: Yes, I udnerstand, but that's why I said send it to all people who use the facility. If you could come up with $100,000 a year for five years maybe we could come with the $500,000 to 50/50, Mr. Fosmoen: There are only two users of the Courtyard now. Now, we w,11 expand that to include all users and ask them if they are interested in using the courtyard if it was covered. Mr, Plummer; Okay, okay. I'm just trying to explore every avenue and re- schedule it for the next agenda, Mr. Fosmoen: Okay, assuming that we hear back from these folks, too-• �. FE6- a 0 Mf, Plutfter3 Not go ahead And schedule its that way we'll have it and if they don't shots up and they ate not interested we'll dtop the mattet, Mr. Fosmoen: okay. Mayor Vetre3 Is there anything you want to do now in this item? Mr. Plummer: No, just reschedule it for the next agenda. 40. A6 DISCUSSION AND DEFERRAL OF "POLICE DEPT. ACTIVITIES" - (Deferred pending appearance of Police Chief) B. DISCUSSION OF NEWSPAPER ARTICLE CRITICAL OF CHIEF IURNS It CONNECTION WITH FLORIDA' S BAR_*gEDIA LAc _rn\pFRF%,rr._. *`.ayor Ferre: All right, is the Police Department here yet? Mr. Fosmoen: Ken Harrison is here and Chief Breslow is on his way down now. Mr. Plummer: Unless Mr. Carollo has any questions about the report that is submitted, I don't even know why they are coming? Mayor Ferret Joe, do you have any questions from the Police Department today on item C? Mr. Carollo: On the hiring that they have...? Mayor Ferre: No, we are talking about item C which is discussion of Police Department activities. Mr. Carollo: Well, as far as what I have on my agenda Item C is referring to Police Department activities as far as the hiring, as I understand it. Mr. Plummer: Have you got any questions on that? Mr. Carollo: Well, it would certainly, you know... Mr. Plummer: If you do, let's wait until they get here, if you don't let's tell them don't come. Mayor Ferre: Chief Harms is not coming, Breslow is coming and Captain Harrison. Mr. Carollo: I'd just as soon defer that then until we get Chief Harms next week. Mr. Plummer: Okay, fine. Mayor Ferre: All right, then we are going to wait until Chief Harms comes I assume Chief Harms is out of town. Mr. Fosmoen: Yes, he is. Mayor Ferre: There was an article in the newspaper which kind of concerned me about Chief Harms and,.did you read it, Mr. Manager? Mr. Fosmoen: No, sir. In Mike Putney's column? Mayor Ferre: Yes, in the Miami Herald, Mr, Fosmoen. No, I did not. Mayor Fevre, It basically says that there was a..,well, I'll read it to you► "Too few Chiefs spoil the Conference Department - for the seventh year in a row, a gaggle vi hi-gh=dowered news executives, 1ni # 4 'reporters, judges, lawyers, and public officials, 60t together last week at Florida's Bar Media Law Conference" to trash out their differences. The most prominent no=show was Mimi Police Chief, Ken Harms, who was scheduled to join the likes of Florida Supreme Court Justice, Parkely McDonald; U.S. District Judge -Federal Judge, Al C. Hastings; Miami Times publisher, Garth Reeves; County ;tanager Merritt Stierheim, and several others in a discussion of "peaceful and not -so -peaceful demonstrations". Just before the session began, Conference Chairman Judy Kreiger read a stilted telegram from Harms begging off "because of an urgent neeting that necessitates my attendance". Harms also complained the ridden hypothetical problem to be discusser wasn't delivered to him until two days before the Conference. The hypotheticals were late but were ali hand delivered to all at the sane time. Harms' telegram produced "snorts and giggles" according to one reporter and disappointment from Ocala attorney Edward 6 Cluster. "It looks bad that he didn't come", Cluster told the reporter, "if any media types had jumped him, he would have cone to his rescue." Now, I'm sure Chief Harms can make a decision as to what meeting he goes to and what meeting he doesn't go to. But, on the other hand, when you get toge- ther Federal judges, members of the Florida Supreme Court, and he is part of a panel and they are all countinii on him, and we have the serious problems that we have in crime in this community, when we have the Governor of the State of Florida and everybody else is worrying about this and meetings going on all over the place, when you get people of that caliber together in one room to discuss a subject mutter of this nature, it seems to r„e that if Chief Harms had not gone, he certainly could have sent Chief Breslow or one of the Deputy Chiefs and shown that the City of Miami takes these ;utters seriously. When you are talking about crime, when you are talking about trying; to impact on the Criminal Justice System, and when you get members of the Supreme Court. and Federal Judges and people of that caliber meeting and expecting for Harms to be there, for him not to show, to send a terse t c I e g ram and not send any- body substituting for him, in my opinion, sir,... Mr. Plummer: Well,...what is t e r s e. Mayor Ferre: Terse? Terse means a tough, tough, a click. Terse means a "tough", you know, a... you want to call it sarcastic, you want to call it... in other words, I think that that was just not the occasion. I understand that the subject matter to be discussed was a little bit touchy because it dealt with the riots and all that, but, for God's sake, if the Police Chief of the City of Miami cannot get together and discuss the riots and other per- tinent matters that had to do with public officials and indictments and things like, then good God, you know ... what I'm saying is, I'm not impressed by Michael Putney's article, what I'm concerned about is the fact that the Chief didn't show, one; two, sent a terse telegram; and three, did not send a repre- sentative. I think that is bad for the image of the City of Miami and the intensity of our concern for the rampant crime problems that we have to stand up to and address. Mr. Plummer: Mr. Mayor, I can't let, in the interest of fairness, that go by. I would hope, as I know you to be a fair individual, before there would be any condemnations of the Chief, and I don't know why he wasn't there,'and I didn't read the telegram, I can only assume as he has been chastised before this Com- mission, rightfully or wrongfully so, don't ever send an underling, either you be there or don't show up. I would assume that attitude might have prevailed. I don't know, he can speak for himself. But, Mr.Mayor, I think it is somewhat unfair to make a condemnation of an action that might or night not be true based upon a rumor -type of column. I would hope that the Chief would be afforded every opportunity to come before this Co=ission, if you are concerned, or to talk to you privately to explain to you possibly the reasons. 1 think f.n the interest of fairness that that should be. I know that the Chief has been chosen by the Governor of the State of Florida for this new commission... the reason he is not here today, Mr. Mayor, I can tell you, is the fact that he is in Jacksonville for the Governor's Commission, and that is why he is not here today. Mayor Ferre; Oh, I want him to come. I would like that very much. Mr. Plummer; There could be those who could c rticize him and say, - by God we pay his salary and he should be with us first, I think it is a matte.- of $riorites. r 102 �= i S Mayor Perte: Plubftetj I must answer you and I'ti sorry because I don't want to get into.,.f am not condefflhing the Chief or chastising hit at this points I'rn pointing out that there was aft aitticle in the newspaper that stated that a Vedetal Judge' and a Suptethe Court Judges and a lot of other people in the Criminal Justice System, had a very important meeting to discuss problems, The Chief was on the panel and sent a telegtam saying that he wouldn't be present and didn't send a representative of the City of Miami Police Depart= (dent. In my opinion] okay?... Mt, Plummer: If that is true. Mayor Ferre: I assume it is also true because it also came out yesterday in Jack Kassewitz's column. So, you know, there were those two newspapers, two columnists that have pointed it out and I think when they point it out what they are saying is =you know, here is the City of Miami with very difficult crime problems and the Police Chief does not go to a very important meeting in which these things are being discussed. And I would like very much, that's why I'm putting it on the public record, I would like very much for the Chief when he comes here next time, to give us an explanation as to why he didn't show up and why he didn't send anybody and why he sent that telegram, that's all. Mr. Carollo: The concern that I have with that, Mr. Mayor, I read one of those articles, is that whatever reaction Mr. Harms wants to get on himself is his business, you know, my concern is that I don't want those people to interpret that as being the feelings or the reaction that they are also getting from this Commission and from this City. We have a tremendous crime problem in this City, more so than in any other City in this State and I just don't see any direction from where we should be getting it, from the top. I see a lot of concerns about getting fish aquariums, credenzas, motorcycle riding, weight lifting, grooming, but I don't see any real concern, and direction, from the top in solving the biggest problem that is facing this City today, crime. Granted, there is not going to be any one thing that is going to solve all the problems that we have today in crime, but there sure as heck could be a lot of improvement. And I don't see the direction. It bothers me greatly that... and I see that all these constant letters and articles from our Chief in dif- ferent newspapers and so on, bickering with this part of the press about some- thing or another. When I ask -like I did at the last Commission meeting- for some pertinent material that I requested from our Police Chief, I didn't receive it until today and, furthermore, what I received wasn't all that I asked for, and to top it off, I get it from an Assistant Chief, not from the man that I should be getting it from. I think when any member of this Com- mission has sent him a letter, we haven't had one of our aides sign it and send it out to him. The bottom line is that I think we are faced with the biggest problem in the history of the City of Miami, and that is the crime rate that we have. Our murder rate last year -something like the third highest in the country. Well, the first two months of this year, is double what we had last year already. Narcotics, -I think we've all seen the good reputa- tion we have not only around the country but around the world. Our people do not feel safe in our streets today, and that's a crying shame, and I want to see our Chief do something about it, and I'm not talking about next year or two years from now, I'm talking about now. Because maybe he don't live in the City of Miami, maybe he don't care about this City, but I live here, my kids live here and my wife lives here, my family lives here, and I'm one of those people who pays the taxes in the City. Mr.Mayor, I would hope that we get some answers soon. Mayor Ferre: Well, we are going to defer then item C until the Chief is available, I would hope that that would be at the next meeting,Mr. Manager. L1 f 4li DISCUSSIUR ITEM: CONCERT AT 14ARINE STADIUM, PORTION OF "BIG ORANGE FESTIVAL". Mayor Ferret Well, Mr. Gluttman is here, from Pace, and it's a Police related problem and while Ken Harrison is here perhaps you can address that. UNIDENTIFIED SPEAKER: Thank you, Mr. Mayor, I really had not intended to bring this matter before the Commission today but.... Mayor Ferre: Wait, wait a minute, Kenny, since you are here representing the Police Chief I want you to hear this. Mr. Rod Glaubman: The PACE Organization is completing on Saturday, at the Miami Marine Stadium a 28 day Music Festival called the "Big Orange Festival" which I have seen several of the Commissioners at this year. We've had 300,000 people at our events in the last 28 days, there hasn't been an arrest. to my knowledge, or a major altercation at any event. Mayor Ferre: One of the best things going in this community, positive things is what you have been doing for this community, and I tell you, with 300,000 people in attendance and not one arrest that has got to tell you sometn_ng. Mr. Glaubman: Well, on Saturday we have an event at the Miami Marine Stadium which is historically a very difficult place to produce a major event. We are doing a concert with Spiro Gyro, Rock Fusion Group, the Bobby Caldwell 3ana, Terry DeSiro, with special guest K.C. from the Sunshine Hand, he is donating his services. Roughly 10 days ago we met with the Police Department and we agreed to have 11 policemen as a complement to the 30 PACE volunteer plus professional security staff of about 15, and everything was agreed. When the Police Depart- ment saw the promotion they felt it incumbent upon them to request that we add another 14 policemen which would make the bill roughly twice as high for the event. As of this day, right now, we've sold 1500 tickets to the Marine Stadium and it is a 6,500 seat facility and my concern is that I end up spending an enormous amount of money for police security when we seem to have an abundant number of policemen on staff in addition to our volunteer and professional security. Mayor Ferre: Okay, Chief, I see that you are walking in so, we've got a pro- blem here with PACE and that concert that they are having at the Marine Stadium. Previously, the request from the Police Department was 14 policemen and now it's up to what...? Mr. Glaubman: From 11 to 24. Mayor Ferrer Twenty four. Now, do either you or... Ken, do you know anything about this? Capt. Harrison: This specific I don't, I can say that... Mayor Ferre: Or the Chief, right behind you, either one of you. Chief Breslow: Basically, I'm not familiar with this particular sitUCLica, but what we do is evaluate each special event as to the need based on our past ex- perience wit similar special events, that is, based on size of the crowd anu potential problems that we anticipate. Mayor Ferre: Traditionally we've had problems at the ?Marine Stadium --ad you know that, Now, the fact that you haven't had any problems with 300,030 peop'Lie and I don't know what..,a half a dozen concerts? (INAUDIBLE STATEMENT IN RESPONSE, NOT PLACED INTO THE PUBLIC RECORD), Mayor Ferre: Sixty five events, okay. You know,,,, Chief Areslow: Mr, Mayor, I think that that entertainment schedule that by 104 C r- ­ r` ' r " suggested here is going to attract a large crowd and that stadium only seats approximately 6,500 people, but we've had ctowds teaching 12,000 in that fact- lity. It is a very difficult facility to secure, If the etowd projection, based on the entertaintnent, reached 12i000; we would need significantly mote than 11 police officers to control that event, Mayor Fetrei The problem is,.,do you know what the problem was before? There are so many seats and the Fire Department wont permit any more, okay, and it's 6,000 of 7,000, Sometimes, when there ate good concerts there will be 16,000 people wanting to get in, and what happens is that once it's filled then you've got your 7,000 or whatever, and they say,- that's it, And then the 2,000 or 3,000 or 5,000 kids that are outside get a little upset and they start throwing bottles and before you know it.., Mr. Glaubman: Mr. or Ma 'm y , I'm contentto do whatever the public Safety Department wants to do, My twain concern is that this is three days before the concert and the promotion has been out now for almost three weeks. In any or- ganization, whether it be profit or non=profit, it's fair to request that you have these figures in advance. All I'm suggesting at this point is that there has to be some standardization of the way that the Police Department deals with these special events so that we might have an indication beforehand. I'll do anything you want to do Mr. Plummer: Hey, I'm all for you, I think what you are doing is great, the one thing that I do not think you addressed is the facility, okay? Let's re- member that the Miami Marine Stadium is a different facility from Gusman Hall, the Dade County Auditorium and, you know, unfortunately, we've had some pro- blems over there during concerts, not just at the concert but in the marnnoth acreage of pilfering of cars, the problems of the traffic getting on to that Rickenbacher are enoumous at times, so I think, you know, you have to take another phase into consideration, and that is the facility itself. The Orange Bowl requires 80, a minimum of 80, and they are not only used inside but out- side for traffic. Mr. Glaubman: Commission, I just want to add a thing, you know, in our recent discussion with the Police Department we had budgeted for 24 policemen. When we met with them they reduced it in support of PACE to 11 people, and it's back to 24. And that's unfair. Mr. Plummer: Well, that's unfair, that's blatantly unfair. Mr. Glaubman: And I'm more than willing to cooperate with the PSD's, they help us make these things happen, in fact the police are more supportive than most . Mr. Plummer: Where is the PSD involved in this? Capt,Ken Harrison: I believe he is referring to us, City of Miami public Maintenance. Mr. Plummer; Oh, don't you put no brown uniforms in that Marine Stadium. Capt. Harrison; Commissioner, perhaps going back and meeting again we can work out the situation. I am not nor is Chief Breslow familiar with the specifics of this problem but we are willing to work with you and we are certainly supportive of PACE. Mayor Ferret They are doing a great job for the community and it is a non- profit organization and they are doing a hell of a ,job. Mr. Plummer; Well, let me tell you where I'm at, Mr, Mayor, I feel so strongly that they have done a great thing for this community, Kenny, I'II tell you where I'm at, we pay for our mistakes, okay?, and if in fact they were quoted originally 24 and they built that into their budget,., Mayor Ferre: No, no, 11. Mr, Plummer No. A originally end the Police Department reduced it to 11 and now have increased It back. I'll make a motion that we pay for our i.lstekea and we pay for the 13 Additional if -Capt, Mamas says we need them, Wha0s where I'm At, 10LO t f Mayor Vette: A11 tighto is there a second to that? ARe you in agreement with that? Mr. Catollo: I can't agtee with that, Mt, Mayor, I'll tell you why. Now, I understand the gentleman has a very good point* but if our administration in the Police bepattttent is such that we are getting these kinds of mistakes and if it's going to cost out takpayets these kinds of money, I canet be for that. Let the guy that trade the mistake pay for the mistake if you want, I'll mote for that. Mr Plummer: Well, I don't know whose mistake it was, okay? obviously, it was somebody's mistake if they, in good faith, agreed from the beginning on the 24 men and somebody has reduced it to ll, and now back to 240 I don't know who that individual was. Mr. Carollo: That's a pretty big mistake when you make a mistake and you are talking about 24 police officers, you tell the man 11 first and then you ask him for 13 more, to bring it up to 24. That's over a 100% increase. Mr. Plummer: I understand that, all I'm saying is that it is not their Mistake, that's all I'm saying and they should not be penalized, that's all I'm saying. Mr. Fosmoen: I think Chief Breslow has a comment. Chief Breslow: Basically what occured -and I just spoke to this gentleman here- was when the estimate for 11 people was given, one artist wasn't on the bill, when this artist's name was put on the bill, he was considered an attraction that would bring more people down than anticipated. Mayor Ferre: Hey, I'm sorry, I don't know who K.C. and the Sunshine Boys are and that.... Mr. Plummer: You gave up after Sinatra, don't worry about it. Mayor Ferre: Yes, but you know, so let me say it publicly, Idon't know who K.C. and the Sunshine Boys are. Mr. Plummer: Do you know who is Spiro Gyro?...Ask your kids! Mayor Ferre: Mr. Little, out of curiosity, do you know who K.C. and the....? No? Mr. Sorg, do you know? (INAUDIBLE RESPONSE) that's because you are a swinger, we all know that. Mr.Plummer: Well, let me tell you, that was a rags to riches group, okay? They are a local Miami group who could not make it good locally, went to England and became a tremendous success and when we tried to get them back we couldn't afford them. K.C. and the Sunshine Boys. Mayor Ferre: You see, Plummer gets around. Mr. Plummer: Ferre lives in that windowless condominium.... Mayor Ferre: How do you know all these things Plummer? Okay, what's the so- lution? Cpt, Harrison. We, with the Commission's permission, we are in the process of working this out, updating on the particular problems that...I don't know that we need an action by the Commission, I think it's going to be resolved to everybody's satisfaction. Mr. Plummer; That's the best news I've heard all day. I nominate Kenny Harrison for City Manager. (LAUGHTER) 42, SECOND READING ORDINANCE: FUND PRE -DEVELOPMENT COSTS FOR PROPOSED WATSON ISLAND MARINAS, Mayor Ferret Take up item 5. Is there a motion on item 51 Mr, Plummer: Well, Commissioner Carollo was the one who asked that it be deferred. Was your problem resolved? Mayor Ferre: Asking Commissioner Carollo, Mr. Carollo: It's been straightened out for me. My biggest concern was that I thought that the money was going to be used for all the Watson Island projects. ItIs been clarified to me that it will be used only for the marina. Mr. Fosmoent Correct. Mayor Ferre: Let's make sure that's on the record. Mr. Manager, would you...? Mr. Fosmoen: This is only for the design and development of marinas. Mayor Ferre: Okay. Mr. Carollo: I am definitely for more marinas. Mayor Ferre: Is there a motion? Mr. Plummer: Yes, I move it. Mayor Ferre: Plummer moves, Carollo seconds.... Mr. Bob Clark: Could we have the exact wording for incorporation into the ordinance of the... Mayor Ferre: It's a second reading, go ahead and read the ordinance. Ad ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 9199, THE CITY'S CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE FOR FISCAL YEAR 1980-81, AS AMENDED; BY AMENDING SUBSECTION IX, CAPITAL IMPROVEMENT FUND, TO ESTABLISH FUNDING IN THE AMOUNT OF $150,000 AS A LOAN TO THE WATSON ISLAND DEVELOPMENT (ITEM IX.B.(i)(10) FROM PROCEEDS OF THE INTERAMA LAND SALE; FOR PRE -DEVELOPMENT COSTS FOR PROPOSED WATSON ISLAND MARINAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of February 11, 1981 was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Carollo, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner J. L, Plummer, Jr. Commissioner Joe Carollo Mayor Maurice A. Ferre NOES; None, ABSENT; Copuissioner Armando Lacaaa Vice Mayor (Rev.) T. R. Gibson (over) 107 r THE ORDINANCE WAS DESIGNATED ORDINANCE NO.9248 The City Attorney read the Ordinance into the public record and announced that copies were available to the members of the City Commission and to the public, FOLLOWING ROLL CALL: Mr. Plummer: Mr, Manager, I strongly suggest, strongly suggest to you, sir, whoever you designature this project to, I want to tell you something, I think I'm an expert on marinas, and you better play to that ego, because if you don't put up something there that I'm going to be proud of, I want to tell you, don't come wasting our time back $110,000 of design, it's not going to be ac- ceptable to this Commission. Mn Fosmoen: You'll be proud of it. Mayor Ferre: Okay. Now, ladies and gentlemen, we've been at worm: all after - .,noon and we haven't taken even a break so, we are going to take a 10 minute break at this time. THEREUPON, THE CITY COMMISSION WEFT INTO A BRIEF RECESS AT: 5:25 P.M., RECONVENING AT: 5:50 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT EXCEPT FOR: Commissioners Carollo and Vice Mayor (Rev.) Theodore R. Gibson. 43. PUBLIC HEARING: AMEND 53-86, 53-90, 53-93 & 53-94 DEALING WITH DOCKAGE RATES AT PUBLIC 14ARINAS (DIN'\ER KEY/M A.`SARI iA/ WATSON ISLA10) . .-i.ANAGER TO A<v;yUALLY ESTABLISH & ASSESS DOCKAGE RATES UPON CONSIDERATION OF DESIGNATED CRITERIA. Mayor Ferre: We are now on the public hearing on the afternoon item. This is item No.40, Mr. Manager, the Chair recognizes you. Mr. Richard Fosmoen: Mr. Mayor, this is item 40 on second reading, this was referred to the Waterfront Board for their review and comments. Mr. Jennings is here to review with you our procedure in establishing the proposed rates and also a report on the action of the Waterfront Board and I see the Chair person of the Waterfront Board is here, Mr. Sorg. Mr. Robert Jennings: Mr. Mayor, members of the City Commission, you have before you a memorandum from Assistant City Manager Odio to City Manager Fosmoen which indicates that after the Commission Meeting of January 22nd, where you requested that we go back and review the survey that we had done. We did do that, the results of our second look indicated that there were no significant changes, so we are back today requesting that you pass the ordinance on second reading. Since your meeting and the passage on First Reading, the Waterfront Board has had a public hearing, as a consequence of which they have an alternate recommendation to make to you and I believe Mr. Sorg would prefer, probably, to talk for himself. Stu, would you like to come up and advise the City Commission as to what your recommendation is? Mayor Ferre: Go ahead. Mr. Stuart Sorg: Mayor Ferre, members of the City Commission, Mr. Fosmoen. A few nights ago we had a 3-�, hour public hearing on the issue of the .warira dock rates. As you know, this has been in contention for years and years. I felt that at that meeting, we reached classic milestone, it was the first time that the Tenants' Association and any additional element dealing with these rates# could ever come to an agreeable situation, and we left that meeting that night we were in agreement that the rates that I've placed before you were the rates that the Waterfront Board would support at the City Comis- lion level, Iwould like very much to indicate to you how these rates have c been arrived at. As you may kn(** at the pteseit time the Miami Matina tates are 16C a foot pet days I'm not sute ekattly what they were at Difbet fey, I believe 8C to 10C a foot# so what we did tins we agteed at the addition of cents to bting the rate to 16C pet day until 5eptefabet, and then in Septefnbet we would go to 20C pet foot pet day, while at the safne time we inttoduced a utility surcharge which was for one 110 line it would be $20.00 per month,, two 110 lines for $35.00 per month, and one 220 line tot $40.00 a month. What I felt, Mr. Mayor, was that in all these yeats the people joined together and reached a joint agreement, it was a very interesting -and I think a vety maahingful= heating but we reached, as I said# a'milestone and I think that we don't need to reach the 21C, as recommended by the City, because that with the electrical surcharge and the tremendous increase in dock rates as we have teached already# I think that's enough for this particular year, and I'd like to stand on that recommendation, I'd be delighted to answer any questions that you might have. Mayor Ferre: Questions of Mr. Sorg by any members of the Commission? Is Mr. Plummer around? All right, Mr. Jennings. Mr. Jennings: Mr. Mayor, I would like to point out one thing for the Corn - mission's consideration. The adoption of the Waterfront Board recommendation rather than the City's recommendation* would represent a first year only reduction in the amount of revenue received by the City of $500,000. I would also like to point out --I'm not sure that Mr. Sorg was exactly clear-- our proposal, the City's proposal, also contains a charge for utility use. Our proposal has a surcharge of $2,50 per day for utility usage, he has modified that. Mr. Sorg: I just felt, Mayor Ferre, that we've reached an agreement with the people for one year which was a very important decision on everyone's part. I feel very strongly that that's important to the entire City as well as to the City Commission. Mayor Ferre: All right, Mr. Jennings, anybody else? Mr. Fosmoen: Mr. Mayor, the only thing that I would point out is that the projected difference of potential revenue between what is being recommended by the Waterfront Board and the rate that we are recommending is about $500,000 a year, for the first year. Mayor Ferre: You mean, the difference between 16C and 24, in a one year period, is $500,000? Mr. Jennings: Yes, sir. Mayor Ferre: Are you sure of those figures, Mr. Jennings? Mr. Jennings: Yes, sir. We've calculated that. Mr. Fosmoen: We can run through the numbers with you. Mayor Ferre: No no, no. Mr. Jennings: We can give you a copy of our calculations. Mayor Ferre: Yes, I'd like to have a copy of the calculations. All right, now, and I'm sure there are a lot of people that want to talk and I'm going to give you all..,. Mr.Sorg; What's important, Mayor Ferre, is that Dinner Key rates jump from 8c to �Uc this year, that's a tremendous increase, and that's why we thought that was a fair and.... Mayor Ferre; Well, part of that is because they have ... when was the last time they jumped up to Sc? Mr, Sorg; i understand that, but the reason.... Mayor Ferro; dust gat of curiosity# when was the last Limo we jumped (INAVD1BhF SPQNSF) What did it jump from? MODULE RESPONSE) From 4 to Oct 109 f f Mr. Jennings: Mti Mayors if I may, there have been two dockage increases in the last 20 years. Mr. Plummer: Anybody dispute that? Mayor Terre: We'll give you a chance to talk, we are going to give you a chance to talk. Mr. Plummer: I'm only asking if anybody disputes that comment, that's all I'm asking.. UNIDENTIFIED SPEAKER- A very relevant comment. Mr. Plummer: Very relevant comment. Mayor Ferre: Oh, come on. Mr. Plummer: I always argue with Karl. Mayor Ferre: All right, now, I'll tell you what I am going to do. I want to hear first from the attorney and then representing -I think.- you had the lawsuit didn't you? (INAUDIBLE RESPONSE), okay. Then I want to hear from Traugott... Mr. Senator: You can let them go first, I don't care. Mayor Ferre: Fine, it doesn't matter, and then I want to hear from Mr. Roth who has an appointment and he has to be heard, and, V l! tell you, Bob, would you mind if we let Mr. Roth do the speaking first? Do you have any objections: UNIDE`'TIFIED SPEAKER: Why don't you let Bob go first? Mayor Ferre: Okay, Bob, you go first, and then you counsellor, and then you, Mr. Roth, and then we'll see who else wants to talk after that. Mr. Bob Traugott: Mr. Mayor, Commissioners... Mayor Ferre: Before you talk, I'm going to try to limit -obviously, there is no way I can limit both sides to equal time because —you know, there is much more on the one side than there is in the other, but I'll try to give you.. how much do you need? (INAUDIBLE STATEMENT NOT PLACED INTO THE PUBLIC RECORD) Five minutes? okay. And then I would hope that I can limit everybody else to three minutes. So five minutes to you, five minutes to you, and then three minutes to everybody else, okay? All right, go ahead. Mr. Traugott: For the first time, I'm finding myself in disagreement with Mr. Sorg, of the Waterfront Board, not greatly in disagreement but just over a minor..few attachments. I'd like to take this away for a moment from the dollars and cents and discuss what I think has happened at Dinner Key Marina. There has been a philosophy existing at Dinner Key Marina for many years, and that's nobody's fault, nobody is to blame for this, it just came about. There has been, even into the ordinance 50, in which there was a prohibition against this City making money on the marina. So there has been a philosophy that this Marina belongs to the people who live at Dinner Key Marina. I take exception to this, I take exception, and I said...the other night at the Waterfront Board meeting some man of the tenants said -where is our $400,000? That $400,000 belongs to 200,000 people in the City of Miami. What I would like to say is I think this is the time for a cleavage, this is a time to recognize that we can no longer subsidize recreation of this sort, There are many needy people in this community, and this City is going to be beset by pleas for money from people, poor people, who are badly in need of it. Now, under our program that we will follow through- with the Marina, there are monies to be set aside for ma-ntenance, by statute; there are monies to be set aside for replacement costs, there are monies to be set aside for reserve, As a Manager, what we primarily disagree with the tenants in is we believe that the City has a right to monies over and above these that affect the Marina to put into the General coffers to help de= fray the cost of property taxes. People are angry about their property taxes, people feel that everybody should pay their fair share, and I agree with them, and so, if we will now drop this philosophy that, for some reason, that these are special privilege plaza people out here, that they are entitled to a sub- sidized patrimony from this City, and that other people cannot have the pltp4, 0 FED �i It was mentioned in the Marina the other night that the only people that can afford the rate that we want to charge are the cocaine cowboys and the Latin A Bombs, I want to tell you that we have from 25 to 30 people coming into that marina every day; and every day these ate people from the main walks of 1;.fe of Miami, there are over 400 people on the waiting list. I invite anybody to look at this waiting list► They are working people; they are all sorts o:: people; and so we are not asking for anything to hurt anybody but this is the time, inflation has not passed up Dinner Key marina, the costs are there. We must now face up to that and meet those costs and help to defray the cost:; of the City of Miami. Thank you. Mayor Fetre: The next speaker is you and then Mr. Senatore. Mr. John Thomas. Mr. Mayor, I'm John Thomas, attorney for the Miami Marinas' Association. I'm not going to stand up here and talk long, there are a lot of —_ other people who want to speak today. I am going to tell you that I agree with Mr. Traugott. There are people from all cross sections, all walks of life applying for this marina. There are people who live in this marina, a cross section of the community. There are a lot of things that the City has dofie wrong with the waterfront. One thing that they have done right is to have municipal marinas that the average working man can afford to keep his boat out. Whether the City has charged, raised their dock rates twice during the last 20 years is astounding but it can't be..lay the blame on the people who use the dock. It sounds to me as if you are penalizing the people on the docks for not raising their own rates more than twice during the. last 20 years. Thv bottom line is that we want to keep these marinas as a municipal marina should be, for the average working citizens of this City. There are other marinas in this county for people who can afford high rates, these facilities have a much higher standard marina than the City's marinas do, and properly so, people who want these services and can pay for them have other places to go, but people who are the average hard-core middle man of this City don't have any places to go and the City's marinas are the places where they can get their boats in the water, there aren't that many people who live aboard their boat. But these people are the community and a cross-section of the whole City as well. Most of these people have been squeezed out of the places where they happened to keep their boats, they are live-aboards, and the City marinas now are one of the last refuges for people who live aboard. Again, we ask have they been paying their fair share? They are live -aboard, taxes now imposed by the State of Florida that tax people own their boats same as people own their homes, so that argument doesn't hold water any longer. The rents that the City charges are also a means to provide services to the City, to the residents of the City,, for the people who live at the docks? But let us not penalize those people beyond what's reasonable. There are many people who have boats at this marina who are City residents, tax payers and to penalize them for not paying their fair share is ludicrous. They pay their share under property taxes and you are asking them again to support the City by revenue producing marina way be- yond the bounds of fairness. All we are asking is keep the rates fair. You spoke about litigation that this Association has carried on against the City. Frankly, we have no interest in carrying on any 'litigation. We are simply responding to a situation that is forced upon us. We have to react in a way that's responsible in reaction to a City action that is irresponsible. We simply ask that these items be put to the Court's judgment if we feel that we are not being treated by the City. We are asking you today to please look at these rates and impose a reasonable rate. I am going to go down just a few specifics about where we have come to arrive at today's issue. There were two appraisals done about ..the Management Agreement that's now in effect at Dinner Key, One of these appraisals said that the City does not receive a fair return if the dock rates were raised too quickly, they were considering a rate increase of 2c a foot, a year. We are going from 8c to 10c to a proposed 21C cents a year, way beyond what they had predicted in their projection to be figures unfair to the City, The City is not getting an unfair return on that sort of dock rate increase, At the time that we discussed this before t`►e Com- mission, the Mayor remarked that the City Commission has the ability to hold down the rates, so that this return to the City remains fair in comparison to the rate of return to the private management company, The other appraisal by Real Estate Research Corporation also considered rates of about llc a foot a day when they were considering whether this management agreement was fair to the City, and that rate in their projection _rose to 15p a foot a day after complete marina reconstruction, These are the sort of numbers we have been talking about prior to this but Biscayne Recreation, private Manager, presented their proposal. for Dinner Key Marina, they said Cheat they wanted to charge 4 rate of 13c 4 foot a 44Y for live-aboards and 10c 4 foot a day for non-live- aboards, $85,00 for cornercial fishermen. This was with a private management putting in their own $7,000,000 to improve the marina. The Management Agree" ment that the City signed with the Manager says that private leasing was found to be not the proper solution because it would be more expensive than the ,. the actual wording was that the revenue bonds were to keep lower dockage rates for tenants. Here we've got rates far higher than the ones projected by their own private management company and the City is using their money. This coesn't seem consistent with the City's intent in their Management Agreement, T}:e Management Agreement itself says the dockage rates shall be generally consistent with those charged at other marinas of comparable quality situated on public lands in the Dade County area. That's what it says in the Management Agreement on page 18, What I'm getting at is that all the stakes we've been brought along to reach this point have been at much lower dockage rates and now, all of a sudden we are presented with a proposed 21c a foot a day plus a surcharge, no discount to the commercial fisherman, no discount to the sailboat rental, no discount to even the people who are taxpayers of the City of Miami. The figures we'll be bringing to your attention later are huge amounts in revenue both to the City and to the private manager proposed for this sort of dockage rate. I have one more comment, where is this money going? If there is in fact $400,000 in the marina Fund that hasn't been used for the Marina -that's accord- ing to Mr. Jennings- where is this revenue going to go? This fantastic revenue that's going to be produced by this sort of dockage rate? And what controls are going to be placed on the use of this money? Is this to be used for the marina, for all the marinas in the City of Miami, for General Revenue funds, for bonds that the City doesn't have at this point? Who is going to control this rioney? The City hasn't been able to operate this marina and we believe that the City has been making a profit every year since they've been running the r.:arina, why is it that the City will be able to control this money any more reasonably than they have the money in the past. Mayor Ferre: Mr. Thomas, I don't nmean to be rude to you, we said 5 minutes. I think you've gone over twice that so wind up your statement now. Mr. Thomas: I'll wind it up with this inquiry. We believe that the City is not looking reasonably at the dockage rate increases. We'd like you to reconsider at least to what the Waterfront Board has considered, and we believe far lower than that. We would ask you to explain where the move} is going that will be collected from this revenue. Where is this revenue going, and we would like you to review the operations of the private managers. Mayor Ferre: All right, thank you. All right, Mr. Roth, or Mr. Senatore. Either one of you. You decide which one wants to go next. 3 minutes. Mr. Fred Roth: Good afternoon, Mr. Mayor, evening I guess. Comissioners. My name is Fred Roth, immediate past President of Miami Marina's Association. Formerly chairman of the City Manager's Advisory Board on Marine Operations Review Committee. I'd like to take just a minute if I may. I saw you shaking your head, Mr. Mayor, when the attorney made a statement. This proports to be the final management contract. I might read to you paragraph 9. Dockage rates shall be generally consistent with those charged at other marinas of comprable quality, situated on public lands in the Dade County area. I saw you shaking your head. The survey which the City Manager's staff has put together is not on public lands as you sold us this contract. If you recall, we spent months here. We took... the citizenry of the City took your word for it. This was the contract, these were the rules by which we would live. The first thing that comes up, the management contract has been in about 40 days, and right away we're not living up to contract. Mayor Ferre: Do you have an answer for that? Mr. Fosmeon: The answer is, Mr. Mayor, that when this issue was presented to the Commission some 4 months ago, S months ago, the contract was not in place with Biscayne Management and further, the Commission directed us to look at all marinas in this Metropolitan area to comae up with a figure that's 80% of tha average. Mr. Roth: Again, rhetoric. The contract is there, signed and this was pit into effect less than 40 days ago, and you have already broken your word, Let me give you a little history lesson, if I might, for the benefit of Mr. Lacasa who was not on the board, a Commissioner at that time, and for Mr, Carollo whom I hope is listening perhaps in his speaker in his office. 112 F ist Mt, Roth (continued): The present revenues of Dinner Key marina for the last couple of years have been in the area of 500 to $550,000, on which there has been a net cash flow to the City of approximately $100,000. When we went...when you went for the management contract, you did so..one of the basis on which you did so was because they could provide more efficient management than the City itself was able to give. If you will recall, at the time the Marine Operations Review Committee provided you with a projected budget, which if the City Manager and his staff paid strict attention to the management company by virtue of the pensions that you would no longer be obligated to, the insurance and other City related expenses, that figure, the net cash flow to the City would have jumped to about $250,000 on revenues of about 550. This is fact. I know of no other recreational facility in the City of Miami, or in any other municipalit,% that provides that kind of a profit to the City. I have to ask one other thing. You, as I have done, go out and pay for gasoline $1.45 a gallon today. You as I was, I'm sure, were shocked at the hugh oil coripany profits of last year. The billions of dollars. Inmoral and why in heavens name are you looking for $1,500,000 in revenue at this point? Let me remind you also of part of your management agreement which is an agreement with the people of this City, the boat users. You said to them at the time, we will increase dock rates necessary, and this was Mr. Fosmoen's statement, it's needed for debt coverage, for bond coverage on the debt. When and if, and I'm sure you're not even thinking about it in this market today, when and if you need that, then I could see it. But why do you need $1,500,000 today? You have a half million in a marina improvement fund you have not spent yet. I do not agree with the Waterfront Board's recommendation. However, it probably is close to what it should be. The live aboard charge of $75 is completely unconscionable The recommendation of the Waterfront Board is probably very good. But again, based on these facts, and these figures, and your promises in the management agreement, I'd like to suggest that you accept the Waterfront Board's recommendation as a base and then build into it. Let's do it sensibly this time. Build in to it in annual increases based on the cost of living index of the City of Miami so that we don't have to go thrugh this hurrah every 6 months and every 12 months. Thank you very much. Mayor Ferre: Fred came up with about 3 or 4 questions that I got. And I think rather than answering them, unless Fred, do you want them answered now by the administration or do you want to wait until all the testimony is over? I think it's better we wait because otherwise we're going to be here all night. We've got another hearing at 7 o'clock and it's already 6:15. So did you get the 4 questions. First ... I'll repeat them for you. Question number 1 was, the statement in the contract that said public marinas, you based it on private marinas. Fred, come back and sum them up because you can do that better than I can. Sum them please. Just one sentence for each. Mr. Roth: Number one, that the survey should have been based on public lands. Number two, that the funds that were going to be used in the marinas, which again, recognizing the City needs revenues, some part of it ought to be repaird. Number two, I think was the adoption of the Waterfront Baord... Mayor Ferre: Wait, wait, wait a minute. Did you get that? :cumber two? Mr. Fosmoen: Use of funds, yes, sir. Mr, Roth; Use of funds, Number three, the Waterfront Board recommendation as to the rate and to the surcharge, and four, to come up with a permanent plan to take this rate, and let's come back with a resolution that says something like, from now on it will based on the cost of living index for the City of Miami, We'll save a lot of time, 14r, Fosmoen; There were 2 questions, Mayor Ferre; Yeah, W011, two questions and two recommendations, Go Abe -ad, ist Mr. Ernie Senatore: Good evening, my name is Ernie Senatore, I'm President of the Miami Marinas Association: I'm here to discuss tonight the ptoposed doubling, tripling and in some cases, quadrupling of the dock rates in the City of Miami. One thing we've been talking about people, is you know; 10 cents a foot a day, 8 cents a foot a day, etc. Let's talk about real dollars and cents. I have some posters here that will show you what the dock rates are in terms of dollars and cents and not just pennies. Those are the actual proposed dock rates, and what I wanted to do is to get you to understand when we sound like we're talki-Ig with pennies it doesn't sound very much, ki,en you add it up to pay for the full slip, when you're paying for the whole thing, you're talking big dollars. We're talking about an increase that's not going from $60 to $70, we're talking about an increase that's going from $100 to $340. That's the kind of increase we're talking about. I want to also thank you, Mr. Mayor, for the opportunity to have redress to the Waterfront Board. At the public hearing, which Mr. Sorg mentioned, was 3 1/2 hours long, we discussed and documented the figures and facts about this proposed dock rate. We support the fact that the City Commission should in fact in accordance with the Board's recommendation. 'Failure to do so would render the Waterfront Board ineffective as the publics voice to the City Commission on vital marine issues. Let me emphasize, that the concept of a management agreement was proposed by the City, and so stated Biscayne Recreation Management contract is to provide lower dockage rates for the tenants. The independent appraisals, and I want, you to ... specifically, Mr. Mayor, it says if the independent appraisals were worried about the rates increasing too quickly, giving too much profit to the management companv, and you stood here, Mr. Mayor and said, that ycu would, you, the City Commission control the rates. And would not allow them to raise too quickly. Then why is the City proposing the charges we show, $340 now when Biscayne Recreations projected income was only to be $156. For whom are we clearing out the marina? How is the hard working citizen of Miami, the middle class citizen going to use, going to be able to afford to pay 1/4 of his income for a place to tie up his boat at a public marina? I hope you realize large yachts cannot use the small slips along the bulkhead for which the rate will quadruple in some cases. So why are we pushing out the little guy? Tell the public why you won't use the survey you already have of municipal marinas to adjust the dockage rates. I want you to state for the record why you chose only the private marinas. You know, the exclusive Turnberry Isles, the places the general public can't afford for your survey if it isn't to gouge the hard working tax paying public by charging outrageous rates to give public access to the pay. The public isn't ready to allow the City to have a free hand in forcing out the middle class boater from the City marinas. We're hoping the City Commission will seriously consider the Waterfront proposal. The citizens of Mlami are looking at you right now. You're going to be the major direct cause for commercial fisherman charging more for seafood, the sailboat rentals costing too much for the public to use, the boat sales decreasing because the buying public can't afford to pay for a place to tie up his boat. The price of boating for the average middle class person is no longer within reach because the marinas that were built for his use are no longer costing what he can afford to pay. What you are costing them out to afford is for the cocaine economy. Thank you. Mayor Ferre: I'm going to accept other speakers. Some of you who have seen me function over the past 7 years and I just want to say so that people don't get upset, that I know there are a lot of emotions in this and I understand. I accept that. And that's reasonable. But I hope that we can control our emotions to a point that they don't become negative. You know. Because, let me tell you, that every_ time I read an editorial in the Miami Herald that tells me what to do, l do just the opposite, Now, so I don't know how you want to handle yourself bc.t would hope that you would put things up based on logic and reason and keep to that, And I think I would recommend that when someobdy makes a statement, that we not repeat it 10 times and we try to keep this tt,ing flowing. We don't have...we have 35 minutes left and we're going to come to a conclusion in about 35 mintues, So pace yourselves as well as you can, would you please? All right, who are the next speakers. 114 ist FE Mayor Ferre (continued): How many of you want to speak? 13 into 35 minutes is 2 minutes. Okay, you have 2 minutes apiece. Mr. Tom Dixon: Mr. Mayor, let's talk. 1 want to re-r.inc Mr. Caroilo, Mr. Lacasa, because you were not here when t'i5 ,ail starts , okay? But in 1977-78 you came to the conclusion that t e rates at Dinner Key should go up 20% and we all said that's too mu-i-1 of an increase. So I said, let's be rationale: Mr. Carollo: Can I interrupt you just for one second. Can we get your name and address. Mr. Dixon: Okay. My name is Tom Dixon. I live at Dinner hf!y. So we said, let's be rational about this. Let's base the rates baseu' or, tile services that are consumed. And I spent months meeting with the City Administration. I met with *ir, Grassie, and I said, Mr. Gr;issle, wt,en w,2 build these rates, if the City wants to make a Front, tell us. We will put a number in there so the City can mace a profit. Ana 1 remeber C1i;:. saying, well the City doesn't want to make a profit on their marinas, w2 only want to pay ... they should pay their fair share. And I have stood before you and said I do not want anybo::y to subsidize living standards. I am willing, and have alw,.ys been willing to ray my fair share. As a result of meeting with the. City, the rues went from 4 and 5 cents a foot to 8 and 10 cents a foot. 100% increase. half of my friends abandoned me because they said what the ':ell did you do? :h only asked for a 20% increase and it went up 100I. But we were also tacitly promised that if the $150,000 was put aside which the ordinance called for, it would be used to improve the marina. There is now $400,000 in this fund that the City does not know how to spend. So what is the outcome? Let's double the rates again. I say to you, let's spend the money that we've already got, let's fix up the marina, then come to the users and say, now you have a first class facility, pay the rates to justify it. And your comment about, well how many times has the rates been increased? The ordinance calls for the rates to be increased when the cost of services increase. Either the City became terribly efficient in managing the marina, or the cost didn't go up because the ordinance clearly says that when costs go up, the marina tenants will pay more. And what are we faced with? It some cases, an increase of 4 times. I do not ask anybody to subsidize me, nor does anyone here. We're willing to pay our fair share and use that money to fix up the marinas, but this is, you know, I don't understand the reasoning, other than the fact... Mayor Ferre: Tom you're taking somebody else's time. Mr. Dixon: I will finish 30 seconds. Other than the fact that I came before the Commission and negotiated with you and I said let's base it on services. And Mr. Mayor, you stood up and said we will pass this ordinance. And Mr. Grassie, put this marina out to lease. And so to and behold you've done it and now you're increasing the rates 4 times. I say be reasonable about what you do. Mr. Dick Carter: I'm Dick Carter, 1910 One Biscayne Tower, downtown. I'm here speaking for myself not for anyone else. I'll try to hold my emotions down but if this wasn't so serious a matter it would be funny. I cannot believe that the rite of Miami wants to arbitrarily and capriciously increase these rates like they do. Gentlemen, I can afford the 21 cents a foot. That's not the point. The point is what's fair and what the City fathers ought to do for its citizens. These boaters are voters and they're not going to stand for this much longer. I would say that... Mayor Fcrre; Don't tell me that, Mr, Carter; ,.,you've given a blank check to this private organization. The contract is so in favor of the private company that it's pitiful. The City has no control over the rates becauue it says that your approval will be with your consent, but that your consent will not be unreasonably withheld, That means you've got to have cause to refuse the rates they propose to the future. These boaters here want 115 Mr. Carter (continued): to park their boats somewhere, and yet they are paying more at this proposed rate than a person in a $225,000 home with homestead exemption based on present assessment rates would pay each year. I'll be happy to pay and anyone else would be happy to pay the assessed value of out boats based on the real property tax. Someone should figure that up for you. It's about may 6 cents a foot. The...this is the only...the marina is in awful condition. We know that, and you know that. The reason is because it's been neglected 20 and 30 years. This is probably the only marina in the country where if a hurricane came through it would be improved. It's...but don't blame us for that. We only pay the rent here and sign the leases and pay what you requested. It is impossible to justify, in my estimation, rates that double to quadrupling the present rates. I say to you, the City has jointly put itself in a position where it's almost indefensible under this contract. Mr. Lacasa: Sir. Mr. Carter: Yes, sir. Mr. Lacasa: There was something that you said that I really don't understand well. You say that you will be paying more than a person that owns a $125,000 house... Mr. Plummer: 220,000. Mr. Lacasa: Why? Mr. Carter: Well, if you pay... if on a 15 cent rate, for instance. Mr. Lacasa: You mean from the stand point of view of real estate taxes. Mr. Carter: Well you'll be paying at 15 cents for a 50 foot slip 52,700 a year. And a 50 foot slip I assume you have a boat in their that might be worth 50 $60,000. Mr. Lacasa: Right. But what you are comparing is this with the...with real estate property taxes. But well, the situation is quite different. Do I understand correctly that you included in what you pay, you receive the electricity, water, trash collection. Is that correct? Mr. Carter: If the rates are fair... Mr. Lacasa: Just ask me because I really was checking a while ago. Do I understand correctly in what you are paying, you also receive the electricity without an additional charge, plus water without an additional charge, plus garbage collection without an additional charge. Do I understand correctly that that is true? Mr. Carter: No, that's not true. Because that's not...you cannot... Mr. Lacasa: Do you pay electricity on top of that? Mr. Carter: You can't apply that test. There are people... Mr. Lacasa: I am not asking you whether or not I can. What I am asking you is a very simple question. Is it yes or no. Mr. Carter: No it's not, It is not a simple question and I'm... Mr, Lacasa; Do you pay in addition? Mr. Carter: .,.not going to stand here and give you a simpleton's answer. Mr. Lacasa; The only thing that I want to know is whether or not you do pay an electric bill, you do pay a water bill in addition to figure, Mr. Garter; In addition to taxes? Of course, of course. Everybody does, don't they? ist 116 FPS 2 6 im Mr. Lacasa: Is that the way it is, Mr. Manager? Mr: Fosmoen: The rates that ate proposed for non -live aboards would include any electricity or any water, or trash collection, etc. For a live aboard there would be a $2,50 per day service charge. Mr, Lacasa: I am not talking about the, I am not talking about the extra surcharge that is being proposed. Mr. Carter: We're trying to answer you, Commissioner. ,,Ir. Lacasa: No, no. I am not talking about the extra surcharge that is being proposed by the staff. What I am saying...the questions is very simple; These people today, forget about this for a moment, these people today are paying a fee to us. Mr. Fosmoen: 10 cents per foot. Mr. Lacasa: to cents. Is in that 10 cents included electricity, water, and garbage collection? Mr. Fosmoen: Yes. Mr. Lacasa: Okay. Now, the second step. Let's forget about the live aboards for a moment. Regular people, those who don't live aboard. In this proposed increase, will be also included electricity, garbage collection, etc. Mr. Fosmoen: Yes, sr. Mr. Lacasa: And then what you are proposing is that those who live aboard , since theoretically they will be using more electricity, and more water and more services because they do live 100% of the time there, then that they pay a surcharge. My understanding is correct? Mr. Fosmoen: That's correct. Mr. Senatore: But Mr. Commissioner, I would like to address one thing. Mr. Fosmoen made a slight incorrect statement there. And the incorrect statement is that by passing this ordinance, he has severed water and electricity services from the base dock rate. And that's your question. They are no longer included in the base dock rate for the average user of the marina. He is saying that when he passes the ordinance it's saying that those rates are severed. That means that the surcharge is the one that's going to be paying for the water and for the electricity. And you can ask him to read that ordinance. I think it's 5394 or something like that. Mr. Lacasa: Okay, so actually what you are contending now is without entering into considering how much, just the concept, your contention is that the live aboard by virtue of the surchage are going to be treated differently as far as electricity is concerned. All right. What is what you would propose for the live aboards. Mr. Senatore; Okay. What we did propose was a charge either included in the base rate, In other words, charge the live aboards a penny a day a foot more, or charge them... if you're going to go to the surchage which we don't want to do, but if you were going to go to the surchage, charge everybody for the electricity based on an even distribution of electricity. Get a demand meter out there. Find out how much electricity the marina is really using and determine what that rate will be and charge per line as the Waterfront Board suggested, Mr, Lacasa; And how much water and a proration of the garbage collection, Mr, Senators; That is correct. And i think that you have to provide garbage collection for the nop=live aboards as well because there are People who use the marinas and leave their garbage, Mr. Lacasa: Okay. But then, we do agree that live aboards should pay more than non=live aboards, To what extent we don't know yet but we do agree in principle that live aboatds should have a heavier burden than those who do not live aboard, Mr. Carter: If they use more electricity, of course. I think somebody would be a fool to deny that. Mr. Lacasa: But of course. Of course they would. There is no question in my mind that whoever lives there 30 days... Mr. Senatore: Okay, Are we in agreement. Do we understand where we're at. Mr. Lacasa: So we understand that, okay. Mayor Ferre: Wind up your statement. Mr. Carter: There is a provision, of course, for separate meters and such for the electricity, Mayor Ferre: You had already taken up... Mr. Carter: No, they took my time, Mr. Mayor, Mayor Ferre: Excuse me. Wait, wait. Before he started talking, you had already talked 4 minutes. So you've taken somebody else's 2 minutes. Wind up your statement. Mr. Carter: Well I hate to be gagged and go from point to point. I just feel that what you're doing, in fact, I know what you're doing, even though I can afford it, it's something as I've said before, it's just gotten to the point to where it's comical. City fathers don't more than double rates on its citizens and people who are interested in boating recreation. Mayor Ferre: Let me ask you one last question. Are you a live aboard? Mr. Carter: No, sir. I park a boat down there. Mayor Ferre: Do you live in the City of Miami? Mr. Carter: Not now. I have an office in the City of Miami. I'm a tax payer in the City of Miami, I own property in the City. of Miami and I pay taxes. Mayor Ferre: Fine. And you live in Coral Gables. Mr. Carter: No, sir. I live in South Bay down by Baptist Hospital. Is that supposed to mean something, Mayor? Mayor Ferre: Yeah, it is. Mr. Carter: It's supposed to put me down. I understand that. Mayor Ferre: No, I'm not putting down I'm just telling you... Mr. Carter: That's big of you. Thank you. Mayor Ferre: There's a big difference, Mr, Ned Rosenbloom: I'm a tax payer, My name is Ned Rosenbloom. And I teach sailing for the Red Cross over at the high school, So it's.,. I got a copy of the books. It was very nicely printed up, It was very nice of the people to furnish this, I tried to get an appointment with Carollo and with, Commissioner Plummer in his office to go over the books with him, I wasn't able to get those appointments, I also made up a little sheet here to show what 2 cents a foot per day does to the dockage and what our income is, The People want the City to make a nice income off the marina, the same as what the bottom of the bay is ist Mr. Rosenbloom (continued): worth, I think it's worth saying that the marina was dug by the Army engineers for people to use boats because they felt that boats was something to protect the country with. Boats were confiscated during the Second World War as a clatter of national defense. It was civil defense to know how to navigate and operate <= boat. -1hnt's why us, and the Coast Guard Auxillory and the Powe Squa6ron teach safe boating classes to try and help people navigate boats in case of an emergency, that they know how to do all of this. A lot of my students tell me it's their life dream to own a boat and dock a boat. We're going to make it impossibe without public facilities for these people to own i, boat and dock it. So I'd appreciate it if you'd take a look at these figures. I'll pass them out. Thank you very much. Mr. Art Haberson: My name is Art Haberson. I live in Miami Shores but I have extensive property in the City of Miami. I've lived here most of life, and I love Miami. I'd like to see it continue as a native, a concerned citizens concerned of the give away of public property such as Dinner Key Marina to private enterprise. There seems to be a lac key packet' sweetheart deal similar to the Panama Canal with a local twist. I'm going to keep this down to a level. This is public property. We have people like the Off -Street Parking who operate a profit for the City of Miami and I can't see why the City of Miami themselves can't bet aboard with some dedicated citizens to operate it similar, in a similar way that the Of Street Parking ... Mr. Mayor and members of the Commission, Panama Canal, Dinner Key and what's next. Thank you. Mr. Daniel Kipnis: Mr. Mayor, my name is Captain Daniel Kipnis and I speak for some of the business owners, commercial fisherman who do not fish for fish but carry people for hire in Miami Marina and we are not represented at all in any of these dicussions. Fight now we're suffering, through fuel crisis, through escalation in prices of everything. We have no security at the marina, we suffer through robberies on a weekly basis, we are shaken down by many derelicts who make their home at Miami Marina especiilly along the wall towards Biscayne Boulevard, the park. And I'd like to know what we're going to get back for a rate increase. We are paying already on one increase and our business is suffering. We're of` 40% this year, especially since this summer. And I don't think it's all due to lack of tourism here, I think it's due to the fear of the residents of Dade County to come downtown. There are 22 boats that run charter boats out of there. We employ over 40 people and we carry somewhere in the neighborhood of 40 to 50,000 people a year. This year we're off 40%. Not only is the City of Miami losing revenue off of this but our businesses are in jeopardy right now. With the escalating cost of everything else, I think its's unfair at the rate of increases if we don't get back fair value on the money we're going to be paying. Thank you. Mayor Ferre: Captain, you know, on the Waterfront Board, I just want to point out, there is a recommendation that you get a 40% discount. Mr. Kipnis: It is a recommendation. But if it goes up 80% or 100%... Mayor Ferre: I got you. Mr. Rick Pearlmutter: My name is Rick Pearlmutter. I live at the Dinner Key Annex with my wife and 2 children. Now this is probably the first you've heard of the Dinner Key Annex. We're about 1/2 mile North of the regular Dinner Key. I'm really ready to accept whatever comes down here with the rate increase. I probably won't have much choice but I would like to say a few words for the annex. I would like, if you do increase the rates, that things should be scaled a little bit. We have no bathrooms, no showers, we have no lights on the dock, we have no dock boxes, we have no lighting in the parking lot. I personally witness assaults in our parking lot. We get no maintenance whatsoever. We have no fire extinguisher system and we have the wiring on our dock is so poor and unsafe that in my boat, which is my home, I can't run an electric toaster and a hair dryer at the Same time without throwing a circuit breaker about 300 yards down the dock, Now all I'm suggesting is that you consider that the Dinner Key Annex is not up to par with the rest of these slips at Dinner Key, And I move that when you consider this rate increase, you consider that facts 19 � w ist 6 4 Mayor Fevre: Okay, I'll tell you right of the bat, just speaking for one person on this board, I think you're right. And I think that as far as the Annex is concerned, until we get to a point where we can render those services, and I hope we do that quickly, but I want you to know t:Iat the moment that we bring that up to standard, then you're going to pay like everybody else. Mr. Pearlmutter I'll pay what the going rate is, but I expect the services. Mayor Ferre: Okay. UNIDENTIFIED SPEAKER: Mr. Mayor, members of the Commission, my thoughts as I put down, based on the input to me from the City fathers and the administration in the past 5-6 years. This item on the agenda had a beginning. I've watched it develop like a dream whose outcome is directed by spirts that have little grasp of troth or reality. Allow my regression for a moment. I purchased my boat 10 years. I was built in 1921. She was 50 feet long and I moved on with myself and 3 young ones. Everything from the sale of the house went into the boat. It was and still is a style and flavor of life I'd always been drawn to. Our old neighborhood was fast changing and our kids had to grow up closer to nature. No one, at least very few people leave the security and permanence ofa home, buy a boat whose foundation is rocky, to say the least, to free load on society, or to be paying the living expenses because it just is not so. It's an inner feeling to return to basics and to find an alternative to a life style that today many people ar discouraged, disappointed and confused by. Bigger is not always better and we sometimes always progress to our own discontent. Dinner Key and Coconut Grove were always unique. They exemplified a slower Pace to life. People cared about each other and even strangers. it wasn't how much did you make last week, but where are the fish running in the bay. The residents of Dinner Key *farina were different also. Many of then were not your boat owner with money to burn or your corporation or status symbol seekers. They sacrificed all for their boats. It was their all. It was a hole in the water they poured money into and they were sailors. Every summer the docks were emptied out while vacations were taken on shoe strings to see the keys or the Bahamas. Others came and filled the docks. The City was getting double dockage. They still paid for. These people were your snow birds come south. Fuel was cheap and they spent money and new Miami was great for yachting. And time passed and politicians changed. And people who knew little of the local community encompassing Dinner Key and Coconut Grove had visions and plans of their own. It was to be progress, it was to be gross. We will let the future -decide if there was happiness and community. 6 years ago there was to be a change in the rate structure. The rates had not changed for many years, but then double digit inflation was unheard of also. The Marina tenants protested and reasonably so. We were not against paying a just amount, we were not against marina improvements, we were not against paying what our bills were plus a City profit. But the facts pointed that a review was needed. And every year past, the income from Dinner Key boat owners showed extra money. None of it went back into the marina for improvements and they were needed. Some docks had old or unsafe wiring, pilings were rottne and were breaking off at the water line. Any man or woman cruising from out of state or local boaters who dared to use the showers were in for an unsafe and distasteful experience. The extra money from this marina went to bail out other city functions not supporting themselves. Marine Stadium, the golf courses, where there was a need but not Dinner Key. Mayor Ferre: Are you going to...I see you're reading and I respect... UNIDENTIFIED SPEAKER: I'm reading what I put down sitting by myself in the quiet. Mayor Ferre: And you're taking somebody else's time. Do you want to keep doing that? UNIDENTIFIED SPEAKER: No, I don't, I'll tell you, I will stop reading this if I can make a copy and each Commissioner will read it., ist 20 FED 2 G ,OV ..:,.reading this, and if I Can make a copy and each Commissioner will rela.1 it. Mayor Ferre: Sure, and I give you my word that I will read it. okay. Mr. Dick Gardner: Mr. Mayor and fellow Commissioners, my name is Dick Gardner. I live at 685 N.E. 59th Street in Miami, I have lived there for :30 years a:':a have resided in Miami for almost 60 years. inert has been a lot of talk h.:re tonight about the average guy and even though my name is not Zoe I've got a little 25 foot sailboat that sits on the bottom at low tide on the bulkheai which means you don't go sailing if the tide is low. T'm paying $166 a month in property taxes to the City of Miami and Dade County a now you are telling me that I'm going to have to pay $180 a month to tie up t'r,at lousy 25 foot boat. Now I've sot news for you, gentlemen, it is complete!,, and utterly conscionable that you can increase these rates b}' is peTcentace. 1 believQ everyone here will agree that the City is entitled to a little adcitiona: ....- come or a fair increase of the rates but it has to be :air, gentlemen, it :.as to be fair. Thank you. Mr. Peter D'Ambrogio: Mr. i•layor, my name is Peter D'txabro(;io ane I also live at Dinner hey Annex. I've heard you make a state<<it'_nt to my neic hbor at Xev Annex a: d I think the issue here tonight that svve.raa peOPie ;:ave noi;,tea Out i5 whetherwecantake ycur word Or not and 1 ti5.' you perscna- l}' take you word that you will do what you said in rtigard to the annex as you said W"•. t'. YE :!ara t0 the rent raises and rmad : in priof z at@i. entc word good LO t voters and taxpayers in Miami? ;% .d tL_�cia you .,....- vidu: llY, 1%1r. Carollo, is your word :food; Yi: yGr, (; word r-ooC; and Mr. I.acasa, art_-' your worus mood? Z',-e words `_:.cat . kite.:: :Jefore a'. t1he Commission :leetings, the worts mat were stated ti:niC nt, Can we COUIiL G i,c T or can't we? I think that is the issue that's hers: toniLnt. Mr. Plummer: Sir, I hope when you bring this issue forward you understand t:.e issue because obviously at this time you don't. Mr. D'Ambrogio: Sir, I have been here when this meeting, and I agreed with the Mayor that the City should not subsidize boating and I'm willing to pay my fair share of boating. Mr. Plummer: That's all we're talking about. Mr. D'Ambrogio: Fine, but I believe we are, you've got $400,000 right now, you haven't done a damned thing at the Annex in the last year or in the last two months. There was a boat that caused the City a major loss because there was improper fire equipment at the Annex. I personally lost a car out of the larking lot because there is inadequate security there. I have friends who are afraid to walk down the dock because there is inadequate lighting. .My equipment on my boat is going down because there is inadequate electricity. Do I understand the issues? Yes. I supported the Annex with Mr. Trainor be- cause I thought maybe he would give us these things. The City isn't giving them for sure and all they want to do is raise the rent above what Mr. Trainor would have done. Now, can we count on your word or can't we? That's the issue. Mr, Plummer: Mr. Mayor, just for the record unless these figures are wrong I show Monty Trainor's fees at 35 cents a foot per day on a transient and long term lease of 20 cents a foot per day, Mr. D'Ambrogio: It is 19 cents a foot a day long term lease at Monty Trainor's. Mr. Plummer; Sir, I am going on what I have here, it is 20 cents a day, Mr. D'Ambrogio; okay, we have verified it at 19, Mr, Plummer; I think the City is talking about 21? Mr, D'Ambrogio: That is correct, •UNINTELT.IGISI.E 00NWRSATION UNIDSNTIFISD SPSA±KER: Mr, 0ommissioners, Mr, Mayor, It's too had you don't own a boat, you would Proh�?lY enjoy it totally, W, PlWmer: My host was stole;-}, sir, I've done more I�oatjng in my lifetime than you will ever do. 121 4 41 UNIDENTIFIED SPEAKER: I hope it wasn't at Dinner Key Marina. Mrs Plummer: No, it wasn't, it was at one of the high priced marinas. UNIDENTIFIED SPEAKER: That's a Pity. Actually, this is not about dock rates, basically this is a situation where we were originally told that this particular issue was to be discussed at 7 O'Clock and; from what I understand, at the last minute it was changed to 5:00, I myself spent five hours in making posters to let our people that it had been changed, They were put up last night and today they were taken down before 9:00. They were put up so that everybody could know that they were going to have a meeting about something that was going to affect their life. Now, I don't quite understand why these were taken down. Mr. Plummer: Who set the 7 O'Clock deadline, sir? I don't know that that was ever.... UNIDENTIFIED SPEAKER: From what we originally found out it was at 7 o'clock. Mr. Plummer: Who told you that? UNIDENTIFIED SPEAKER #2: If you'll remember, I think Mr. Ferre suggested that there would be an evening public hearing so that "we could stack the people". Mr. Plummer: After work. Mayor Ferre: I've got news for you, we're not far from 7:00. UNIDENTIFIED SPEAKER #2: That's true, but I think the issue he is speaking about should be heard. UNIDENTIFIED SPEAKER #1: But we're talking about going through this entire issue and it's not even 7 O'Clock. Okay, time is right now really not import- ant other than the fact that we did try to let our people know about a City Commission Meeting and after we put our posters up our posters were taken down. They weren't up after 9 O'Clock. We need a place to put these things just so that we can let people know what is going on. Mayor Ferre: Okay, that's a good point but that's not the issue. Believe me, you're well represented here. I mean..... Huh? UNIDENTIFIED SPEAKER #1: well, not like you would have seen if everybody had have known it was 5 O'Clock, you would have seen a real barnstormer, I can guarantee that. Mr. Plummer: It will be interesting at 7:01 to see how many more come in. Mayor Ferre: Well, it doesn't matter, I frankly, you know, my vote is going to be predicated on what I think is right and I don't care if 10 people, 100 people or 1,000 people come here. Okay? _ UNIDENTIFIED SPEAKER #1: There is one thing I would like to mention. It says in the contract that the company would initiate a letter either monthly or bi-weekly to keep the Dinner Key boaters abreast of activities events and gen- eral information concerning the area. This is a very important piece of informa- tion, this particular meeting, dock rates going up and nothing has been pub- lished. That's all I have to say, gentlemen, thank you. Mr. Stewart C. Taylor; My name is Stewart C. Taylor, 3191 Center Street, Coco- nut Grove. I have attended several of these meetings to discuss this subject and most of the people that attend the meetings seem to be liveaboards, they are the ones that you are hearing the most from and those are the ,people that I believe that you're focusing all of your attention on and I have no quarrel with that but I would like to let you know that there are many people with boats at Dinner Key who are not liveaboards, there are a lot of people that you know that would like to be at Dinner Key for recreational boating but they can`t. If you raise the rates to what you're proposing to raise the liveaboard people are going to have to accept that just like those of us property owners had to accept our tax increase this year, My taxes went from $1,800 to $4,?00 that's hard to take. But as I say, if you raise the rates the liveaboard people will have to accept that, either that or they will have to move to a private marina because - the reason I say they'll have to accept it is because it is their home. on the other hand and 41.50 if you follow this policy, you're eventually going to end up with a marina. for 2 people, � Classes of people, the live4boards and the very wealthy but the average recreational boater is going to ba forced out, and I certainly will he forced Put and I don't believe that a gqblic 122 F 6. 6 marina is necessarily for the very wealthy or the liveaboards, it is for the average person who wants to use his boat for recreational boating. And my main purpose in talking tonight is to let you know that there are a lot of us average citizens who do want recreational boating at a price that we can afford, Mayor ferret That's a good point: What size slip do you rent? Mr. Taylor: I have a 30 foot slip. Let me ask you a question before you leave, Mayor Ferret So you're talking about $196, Mr. Taylori Right. Mayor Ferret And you pay how much now? Mr. Taylor: $37.44 but the new rate, I figure using my boat about 30 times a year which is what I'm doing now, costs me about $100 every time I went out sailing and I can't justify that and there are many boaters in the City of Miami that certainly can't justify that. Thank you. Mr. Ed Ross: My name is Ed Ross, I'm the dockmaster at Dinner Key Marina. I've had the responsibility now for a little over a month of running Dinner Key. During that time we have hired a maintenance crew, a custodial crew, all of which I might add were never there before, there was never a workshop or a main- I.enance shop, all of these things were subsidized by the City through the Public Works or Public Maintenance. we have gone on a clean-up campaign to clean up dog droppings, raked up garbage, we've put top soil down and edged, weeded the facility, the bulkheads have been scrubbed, swept, new numbers have been painted on all the docks, the park benches have been painted, each pier now has a new cart - they didn't before that. (INAUDIBLE COMMENT FROM AUDIENCE) Well, there happen to be two new ones. The fire extinguishers, let me tell you about the fire extinguishers. The last time they were serviced was 1976. Faulty wiring has been replaced, breakers have been replaced, receptacles, there is new plumb- ing fixtures in the showers, not new showers but well -scrubbed facilities and the doors have now been locked with new keys to keep certain people out who seem to like to get down there at night and smash it with a hammer, that has happened at least a half a dozen times in a month. What I'm saying is that we're working hard and we're making progress but this does not come free. Last week I sat here and listened to the Waterfront Board Meeting and I saw a slide presen- tation by the Tenant Association showing the dilapidated conditions at Dinner Key Marina and comparing the marina at Dinner Key to Flamingo Yacht Basin and Swimming Pool and barbecue area, Monty Trainor's dock canopy, Merrill Stevens newly painted pilings, and I heard allegations that the new management hadn't improved anything at Dinner Key. Well, I invite this Commission to take a short walk and take a look to see what is being done. Mayor Ferret Okay. Mr. Ross: I'd like to continue, if I might. Mayor Ferret Not for long. Mr. Ross; Okay, let me get through it then. What I didn't hear was the fact that Merrill Stevens is charging 32 cents per foot per day, Flamingo gets 25 cents a foot per day while Dinner Key still charges 5 and 10 cents. However, we did a study of our own up the coast and New York, California, Fort Lauderdale, New Port gets 75 to 90 cents per foot per day. Mayor Ferret Okay, thank you. Mr,Senatore; Could I sum it up, Mr, Mayor? Mayor Ferret Iles, but very quickly. Mr, Senatore; Yes, I just want to say tonight that emotions ran high tonight, there were some emotional issues, I want you to understand it is an emotional issue for everybody here, I want you to look at the spirit, the fact that the public is concerned about the marina facilities in the City of Miami and all the marinas are involved here and I want you to look seriously at the Waterfront Roard's recommendation and the recommendation from the Marinas Association as we're trying to do what is hest fQr the public Pf Miami, Thank you. Mayor Ferree Mr: Senatore, let Lie before you leave let me say that I think you are an honest sincere guy. Okay? And I think you are really trying to do a good job and I accept that. Mr. Senatore: Thank you. Mayor Ferre: Now, I am concerned about that lawsuit and I wish you guys would kind of pull away from that. I would hope that one of these days, you know, we call it quits and get on with the business of improving these docks. Mr. Senatore: Maybe sometime we can sit down and talk about it. Mayor Ferre: Are we pretty well wound up now? Is there anybody else that has to say some last thing before we wind it up? Thank you very much. I want zo thank all of you for your patience. Stewart, I will rezognize you in a second. And I'll tell you, this is about the best controlled public hearing of this sort that I've ever seen in ten years so I want to thank all of you, I know it isn't an easy thing to do and I hope we do the right thing so thank you. Now, Mr. Sorg. Mr. Stewart Sorg: .lust briefly, Mayor Ferre, I wanted to make a comment. This is probably the most orderly waterfront hearing you've ever had and I think these people have endorsed the Waterfront Board's proposal, we spent a lot of time on it, I think maybe the Annex should be omitted, as you say, but I think we are at a milestone position for the first time in the City of Miami's history. Mayor Ferre: All right, thank you. Is there a motion now that we close off the public hearing portion? On motion of Commissioner Plummer, seconded by Commissioner Lacasa, the public hearing was brought to a close by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Mr. Carollo and Mayor Ferre. NOES: None. ABSENT: Rev. Gibson. Mayor Ferre: Let me, if I may, let me just crake a statement into the record as to how I feel about this. First of all, we have a Waterfront Board and I think, Mr. Senatore, you were eminently correct last time and I'm glad you corrected us that it should have gone before the Waterfront Board and it has and it has come back with a recommendation. I made a commitment to the Waterfront Baord when I voted for it that I would follow its recommendations and I intend to do that. Okay? Secondly, as to the issues of whether or not it is unconscionable that we are going to charge so much , I think it is also unconscionable that we charged so little for so long and I think that is part of the problem. In other words, if we had gone around and properly charged over the past twenty years... To the question of what is fair, well, I think there is also an obligation on the part of the boating community not only to maintain what we have but also hopefully to improve and to expand and that is part of the picture. Now, with regards to bad conditions, yes, those docks have been in bad condition and I have to tell you I'm ashamed of them and I have been ashamed of them for the past five to ten years but how in the world could we have improved them a heck of a lot when we were charging 4 cents a foot? You know, which was only a few years ago and now it has only been for the last two years that we went up to 8 cents and now I would hope that we would really go in there and put up some docks that we're all going to be proud of. Now, I looked at those figureE there, you know a 40 foot slip for liveaboards $340, no, I can see it, I've got the picture. $340. I would like to know who in comparable space to what you would living on a boat in a 40 foot space honest, really honest to goodness, where could you rent an apartment and get utilities, garbage, taxes, water, electricity for $340 a month? Mr, Senatore: Mr. Mayor, may I say just one thing? Mayor Ferre; Yes, Mr. Senatore: Can I suggest one thing? Comparing this to what you could rent an apartment for when you're renting a parking space, if you would look a•: it as a park:.ng space with utilities that's what we're talking about, We're not talking about having an apartment here, we're talking about a parking space, a place to tie the vessel up, You're using the water rights and that's all you're getting, Okay? So let's not try to confuse the issue. Thank you, Mayor Ferre: Now, with regards to the statement made by one of the gentlemen about a bulletin board and proper information, 1 think that is something that ,reall y needs to be done and I agree with that and I would hope that we co'414 get proper bulletin boards and perhaps even a monthly..,,, 12-F6 2Q 11;ja1 fit. Ttaugott' Mt► Mayotj there is a bulletin board there right at the present time, that has been thete for 20 years, There is now a monthly news letter called "Ship to Shore"i the first issue just came out. We've }teen there one fthth. Mayor Ferret Okay, I Mote down these things as I heard them and I want to make these comments. Okay? Now with regards to the Annex, I think that the gentleman with the yellow t-shirt is right, Yes, if you're at Monty Traino='s you pay 20 cents but when we get that dock looking like Monty Trainor's the: we're going to charge 20 cents but until then I think that is fair, I think you've got a valid point: Now, there is one last comment that I wanted to make. Somebody said we don't want to go through this every year. i'r, for indexing, I've got no problems with that at least for a long time ahead I think we ought to say when we get to the 21 cents or whatever it is that we ought to index. Mr. Fosmoen: The only caution that I would give you, Mr. Mayor, is that we not tie our hands in the issuance of a bond for the improvement because that bond is going to require you to set rates to cover debt service, whatever those rates are. Mayor Ferret Okay, well, we're going to have to provide that in it to make sure that we don't get in legal trouble with whatever the bond holders, but other than that provision I think we ought to try to get so that people car. look forward and know exactly what is going to happen in the next five or six years. Air. Fosmoen: Assuming we can modify it so that if it is necessary it will reflect the indenture. Mayor Ferret Okay. Those are the comments that I had. Does anybody else want to make any? Mr. Plummer: The only comment I want to make, it was my understanding, Mr. Mayor, that when you initiated this your directions to the staff was 80%, is that what is being recommended here now? Mr. Fosmoens It is 80% based on the marinas that we surveyed, Commissioner. Mr. Plummer: Okay, and what you're proposing, let me understand, is that for transients they will pay 30 cents a foot per day. Mr. Fosmoen: That's correct. Mr. Plummer: Plus a 2.50 service charge per day, is that what you're recom- mending? Mr. Fosmoen: If they are there for more than.... Bob, go ahead. Mayor Ferre: No, I'm talking about the.... Are you talking about the Water- front Board's recommendation? Mr. Plummer: No, I'm talking about what see here. Mr. Fosmoen: The basic rate, Commissioner, is 21 cents per foot per day. If someone lives aboard they pay a $2.50 a day service charge. Mr. Plummer; All right, what about the transients? Mr. Fosmoen; Transients are 30 cents per foot per day. Mr, Jennings; And no service charge. Mr. Plummer: well, that doesn't say here, Mx'. Fosmoen; Unless they axe there for more than 30 days, Mr. Jennings: it tells you in the colu4mn, I believe. W, pl wer; All right, now, what is the maximum time of liveahpards non - transient? At Migmarina there is A 90 day &lause, right? MF.enningeTQ, s}rr thst has been rempved long agQ� 4r Pl r; All right, is there soy provision in these changes that a live ward o ct i►e there giver x,,h er pf days pr xwnths' FEB 261 � Mr. Jennings: Nor sit` there is no existingt ,... Mr. Plummer: in other words they cah line there ihfihitum as long as they pay their rent. Mr. Jennings: Yes, sit. Mr. Plummer: Once again, you're talking about a 21 cent per day minimum. Mr. Fbsmoen: What's correct. Mr. Plummet: 'You're talking about if they live aboard a $2.50 additional sur- charge, Xr: fbsmoen: That's correct. Mr. Plummer: But now what about the transients if they live aboard? Mr. Jennings: In the right hand column, sir, there is a remark that says cn the second page, "Service charge will be applicable to the users of City facil- ities for periods exceeding 30 days", if a transient were to stay over 30 days he would then.... Mr. Plummer: But why are you letting the transient off? Mr. Jennings: Because he is already paying a 30 cent rate. Mr. Plummer: Everywhere else they pay a higher fee as a transient than they do as a regular. Mr. Fosmoen: Well, that was our reason, if you want to add the $2.50, fine. Mr. Plummer: Every marina I've ever stayed in, the transient rate is a lot more money and if you look over these things you've proposed to us it is a lot more money. Mr. Jennings: It is, 9 cents more per foot per day. Mr. Plummer: Well, I don't agree with that, I'm sorry. I think if the $2.50 applies to a live aboard at the 21 cents the $2.50 should apply to the transient as well. Mr. Jennings, one other question, sir, and I lost something. Is this same rate going to be applied to the Annex as well? Mr. Jennings: Yes, sir, under our proposal it is charged at all City marinas - Miamarina, Dinner Key, the Annex and Watson Island, everywhere. Mr. Plummer: Does this make Miamarina the same price or does this make Dinner Key the same price as Miamarina? Mr. Jennings: Yes, sir, it will. Mr. Fosmoen: They would all be the same price. UNIDENTIFIED SPEAKER: I think Watson Island is included in there too, J. L. Mr. Plummer: Well, he's saying that it makes it uniform across the board. Let me ask one other question. Mr. Fosmoen, is there presently anything on the drawing board for improvements to Dinner Key? Mr. Fosmoen: The only thing that is on the drawing board, Commissioner, is a set of very preliminary schematics, Now, you need to, and I understand that the new management company has under contract the design firm to begin working on permitting and preparation of more specific drawings for the improvement. There is a proposed improvement to the dockmaster's office but I have to qualify my answer, Commissioner, by reminding you that we have been in litigation And argue_ ing about getting a Management On hoard for over two Years and we could helve been much further clown the road than we are tpdAy, Mr. Plummer: Xr. ?'osmgen, You'd better be C4reful because you're about to lost- me, Mr, roemoen, You'd ,better toll me what I want to hear and that is nUt in* . broad tome AN You have 3uot described, x went to know or Bob, if You c, :peak to it - to 04Y that YOU have en erChiteet hired, 1 WP410 like Mr, fc,sm en to speak fir"' That "Chit+oct San come forth in 30 daYP or 30 months or sG deers. wok, here : whoro 1 10, here to whore my dilemna is. All right' My dilemma is that if 1 sit inari - look at• these faoliltes and I burn 0 6 around and look at Dinner Key I see the inequity. Now, if what you're tell- ing me is that you're going to have something before this Commission in the next 30 to 60 days of definite improvements then I'm willing to go along with this. Okay? I want to tell you that, But I want to tell you also as the Mayor has already told you, I'm not proud of what is back there, I'm not proud of it, Mr. Fosmoen: Commissioner, I'm not going to mislead you but I hope I can indi- cate to you what you want to hear. Mr, Plummer: Well, please. Mr. Fosmoen: It is expected that the improvements for Dinner Key are goinc to require the issuance of a revenue bond. In order to issue a revenue bond 4•e need to go to market, we need to have detailed drawings enough to get cost estimates, we need to have a feasibility study that supports the revenue bond issuance, we are starting down that road but as you know all of those things take time. I would suggest to you that within 60-90 days we can have a set of drawings to this Commission that will indicate the extent of the improvements and we can be well on our way to developing costs so we can issue a revenue bond. Okay? And in terms of construction..... Mayor Ferre: Plummer, it is 7:15 and we've got a zoning hearing, can we con- clude this now? All right, do you have any more questions, Mir. Carollo? Mr. Carollo: Mr. Mayor, I have a heck of a lot of questions. Basically when 1 hear of more bonds that we're going to sell, when I see some of the prices that we have here - I don't own a boat, I can't afford one, but if I owned a boat that was 20 plus feet and it is put in a slip that's 30 feet paying $200 a -.,oath I couldn't afford that. I know there are other people on this Commission :at can afford to have 50 foot yachts and others can afford a lot more but, you know the realities are..... Mr. Plummert You didn't speak to my 100 footer. Mr. Carollo: Well, I won't but I'm sure there are others that will be speaking about it soon, I'll be buying the papers from now on. But the realities are that the vast majority of people that live in the City of Miami would be hard strapped to piy'those prices. Now I don't know if inflation the way it is has changed a lot of the costs that we have today, I'm sure that's been part of it but I just can't believe it has been all of it. Now Monty Trainor charges 19 cents per foot but then Monty Trainor has a first class pier there, you know, it has all the service anyone would want and not only that but good security, good lighting, it is the difference between night and day compared to what we have here. I find myself at a point that I want to be just to both sides but I can't go along with a 21 cent increase. On the other hand, I think that $2.50 a day or $75 a month for electricity, garbage collection and water is pretty low. I think that if we have to ask for more dollars that's one area that maybe we could look at again but the 21 cents a foot, my God, when you look at someone who is going to get a slip for 30 feet and is paying $200 and when you talk about a slip that is 30 feet you're talking about your average middle income citizen of this town, this is about the size of boat they could afford to buy. Maybe your upper middle class could buy a 40 foot, when you start going into the 46, 47, 40 plus, 50 plus you know you're into another class all by itself there, you're talking about the people that can afford one, two, three or more condominiums $300,000 and above and that's not your average taxpayer of the City. if this is going to have to come to a vote tonight I cannot vote for 21 cents. Mr. Fosmoen; There are really two proposals before the City Commission at this time, one is the recommendation of the Waterfront aoard which suggests 16 cents per foot for non-liveaboards and a higher rate for liveabuards, Commissioner, would also remind the Commission that we are facing a very very difficult budget year. I will make no bones about it, this ordinance calls for a portion of the net revenues to go into the General fund so that this City can continue the level of services that it has been able to provide in the past, This is one of the recommendations I made to the Commission in Aecember on ways of in- e;reasing revenges at the same that we're looking at reductions in personnel costs 00 that this City can maintain the high level of Services it has over the past years and that is very candidly one of the reasons why we are recommending a rate increase, l make no bones about it l am looking at every revenue source that we have available to uss you know, at some reasonable basis, What we are reco-Umen4i49 is so oents of the average or 80% of the average, the Waterfront Aoard is s999e9ting to yQu a lower rate to start with. one Mayor previpusly c9RWnted abQgt indexing a rate so that it relates to cost of living, F '' Mr: Carollo: The question is though, Dick, can this dock compare even 70% to the average dock? Mr. Fosmoen: Yes, sir. And this is a City-wide ordinance remember but Dinner Key is a good facility and it will be better. Mr. Carollo: Dick, I have to disagree with you, I've been here, I've seen this for myself, you know, it is a shambles. At night the security that we have here stinks. I'm surprised we haven't had more problems here than we've hag already. Mr. Fosmoen: Commissioner, at 10 cents per foot per day it is very difficult to provide the level of service that the community is requesting and it is alsD very difficult for us to maintain City-wide services at 10 cents per foot: In my opinion there is no reason why the users of Dinner Key and the people who live at Dinner Key should not be contributing to the General Fund operation of this City Mr. Carollo: Well, I'm not arguing the fact that whoever whether they are live- aboards or not have to pay the4.r share. What 1 am talking about is are they going to be paying more than their share? Mr. Fosmoen: Again, you have two recommendations before you (1} is the 21.... Mr. Carollo: In all frankness, Bob, I have no problem with you making a buck, you know that's fine but, you know, you're got to draw the line somewhere cf how much profit you're going to make and I just get the feeling that you're going to be making more than your fair share. Mr. Traugott: May 1 answer that? First of all I'd like you to know that Biscayne Recreation Development Company had nothing to do with the setting of rates, nothing, absolutely nothing. But, after the survey was done it was brought to u: and asked our opinion, remember that. when I started out I said that this was more than for rebuilding of the marina or the maintenance of the :farina, this was also adding funds to the General coffers. We have not said that it takes this money to run a marina and we are not, we did not make these recommendations. But we do think that if this City is looking for funds and this is where they need to find that this rate is a justifiable rate. The one problem about Miami .... Mr. Carollo: I'm glad you clarified that for me. Mr. Traugott: The situation that we do look at here is that the County has low rates but they admit that they subsidize their marinas. They do not permit liveaboards, they close their marinas at dusk. They do not run 24-hour marinas and if you look at all other sections, what the City has asked us =o do is to go about the country and see what marinas are doing. Now, it is true that Dinner Key is broken down but it is true that that is because of sad neglect for many years. We can't change it over night and we won't change it in the next 30 days, it will probably take a couple of years to get the whole thing rebuilt. And then it will be, this is one of the prime marinas in the United States of America, one of the prime sites and locations and it is one that the City should be proud of. You go to California and you go to Massachusettes, you go to New York and look at the rates that they're charging for marinas in much Less repair than Dinner Key. Mr. Carollo; The problem that I have is that, you know, I don't live in New York, California, Chicago or anywhere else, I live in Miami and that is my con- cern, down here and not somewhere else. Mr. Traugott: Mar, Commissioner, I have no quarrel, if you want to make this marina just pay for itself we can do that, If you are looking for addi- tional revenues from your sources then that is something else again, That is when I began my statement I said that this would add money to the general cof- fers not just for the maintenance of the marina, Mr. Carollo; The problem is are we going to have marinas so that a small per_ centage of our citizens could afford to use them or are we going to have it,,,. Mr, Traugott; That's what you have now, Mr, Carollo; Not as bad a$ it is going to be. When you loo)� at what an Ayer= age family here might make, someone that brings home $25,000 a year let's say and has two kids maybe and he's got biljs to pay with the way :,nflatign is and then maybe 4 few years ago made a supreme g4p ri f ice and spent 7 Pr MOP to get a little boat for some pleasure and then on top of that they are going to have to be faced with a $200 bill per month just to put their boat away? You know that is absurd to me. J4r. Traugott: t understand and I understand your concern because there are many things today that you and I deny ourselves because we don't have the money. I don't own a boat, I can't afford a boat: Mr. Carollo: There are some people here that think you'll be able to afford one real soon. Mayor Ferret I'll tell you, if I were you I would quit right now. Quit while you're ahead, Bob. 'Mr. Traugott: Someone just mentioned my $25,000 car, I drive a 1974 Chevrolet. If anybody wants to give me $25,000 I'll take it. Mayor Ferre: I would quit if 1 were you just about now. Okay, any other cques= tions? Mr. Lacasa, I see you busily talking over there, why don't you come back here and we can get the word now. What is the conclusion of all of this? Well, if nobody wants to bite the bullet I'll bite the bullet. Mr. Lacasa: Mr. Mayor, I would like to make a motion. My motion is as follows: Ernie, from now, and this is going along the Waterfront Board recommendation with some changes: From now up to September 30, 16 cents as recommended by the Board and accepted by you. From then on instead of 20 cents per -day, 21 but no charge for the electrical hook-ups and then the liveaboards 6 cents per foot over the 21 cents based on the fact that liveaboards obviously consume more ser- vices whether electrical, garbage collection, water and it is only logical that liveaboards should share heavier than those who use the boat only on the week- ends. To summarize, my motion is 16 cents everybody, no extra charge for live- aboards, 16 cents and no electrical hook-up charge..... Mr. Sorts: That doesn't include the commercial boaters, though, 40%. Mr. Lacasa: We deal with the commercial boaters afterwards. Let's deal with the liveaboards and those who have boats for recreational purposes first. So, going back to this: 16 cents from now until September 30, no extra charge for liveaboards and no extra charge for electrical hook-ups. Mr. Plummer: What about transients? Mr. Lacasa: 16 cents everybody. Mayor Ferre: No. Mr. Lacasa: No, not the transients, just the liveaboards and the non-liveaboards. Transients what, 30 cents? Mr. Plummer: You're making the motion. Mr. Lacasa: J. L., don't tell me that because you were the one recommending me the transients so I'm asking you what you recommended a while ago to me. What talk is this? Don't joke with this now, 30 cents. Mr. Plummer: 30 cents I think is fair. Mr. Lacasa; The transients 30 cents. Mayor Ferre: Wait a minute. Sorg, is that what you were recommending? Mr. Sorg: Yes, sir, ....,. Mayor Ferre: 30 cents? Mr, Sorg; Yes, sir, Mayor Ferre: Mr. Manager, is that what you are recommending? Kr. Fasmoen; Yes, sir, Mr. ,acasa: Qkayr 4oing hack; i6 Dents iveboards and non*�liveaboards, no extra charge for eiectricai hook-ups and no extra charge for live-ahoards VP to Se,ptepLber 3fth. From then oni cents for eVe1'body with 6 addtiora cants to the liveaboards, no eectricai hookup charge and 3Q cents the trans• 44ts, That is my motion, 4 Mayor Ferre: I would accept that.,:..„ Now, Plummer, now, Lacasa, speaking for myself, I would accept that with the following addition: One is that the Annex be scaled until they receive the service: Second is that this be in- dexed beyond October 1, 1981 provided that it does no harm to whatever financ- ing we need to remodel and refurbish. Okay? And.... Mr. Sorg: Do you omit the Watson Island also? Mayor Ferre: Wait a minute. Third that the commercial fishermen get a 40% break which is your recommendation. Mr. Plummer: Well, then somebody has to explain to me what you mean a scale at the Annex. Mayor Ferre: Well, see, Monty Trainor is right next door, he is getting 20 cents or 19 or whatever but he provides things that we're not providing so I think we have to come back with a rate that takes that into account. The moment we provide that or he provides it or whoever provides it then you charge what everybody else is charging. You know, because I think otherwise it isn't fair. Now I don't know what they don't have but whatever they don't have there ought to be a value put on it. Now we'll have to decide that at some future meeting, J. L., because I don't know what the value is. I don't know how many people are out there, 30 or 40? May. Plummer: How many people at the Annex? Mr. Fosmoen: Fifty. INAUDIBLE RESPONSE FROM AUDIENCE Mr. Plummer: No, we're asking how many slips. There are 50 slips, is that what it is at the Annex? Mayor Ferre: Fifty slips and 480 people live there. Mr. Plummer: That's a hell of a density. Mayor Ferre: Sixty-five. Okay. Until we come up to standards and give them the other things.... Mr. Plummer: But what are the standards? Mayor Ferre: Well, they don't have what? They don't have lighting, they don't have water, what is it they don't have? They don't have showers, the other things Ithat the other..... Mr. Sorg: Mayor Ferre, at a recent Waterfront Board Meeting there were archi- tectural drawings presented on refurbishing the entire Dockmaster's Office in- cluding all the shower rooms and there is $400,000 available to do that. Mayor Ferre: Well, the moment we get that done, Mr. Sorg, what I'm saying is at that point then they come up to everybody else's standards. Okay? And we'll have to define what that is. I can't tell you tonight, I mean I don't know. 130 FEe 2 *19 (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Well, I think you ate going to have to get a raise. The oily thing is that we don't knots what the raise is, You are going to have to come back and recommend, Ok, you the Waterfront Board. Ok? (BACKGROUNID COMMENT OFF THE PUBLIC RECORD) Mr. Plummer: No, Mayor Ferre: Well, how else can you do? Mr. Plummer: See what you do is that you reduce the annex by thirty percent. They will pay seventy percent of this rate that is being proposed by him, (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Plummer: For the privilege sir of denying someone else the right to park their boat there. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Plummer: Sir, I would..& you know, you have your right and I respect: your right to have your life style, ok? I respect that. But what I'm... Mayor Ferre: Alright, Mr. Plummer, I accept that. That's great. Do you; accept that as the maker fo the motion? Mr. Plummer: What do you accept? Mayor Ferre: The seventy percent for the transients. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Ok, the maker of the motion, do you accept Plummer's recommendation? Alright, now... wait a minute, we don't have a second yet. Is there a second? Mr. Sorg: Why don't you hold the annex rate until we can come back to the Waterfront Board on the annex alone. Mr. Plummer: Fine, you write your check for the difference of revenue loss. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Plummer: Alright, let me understand now, ok? If what I'm understanding is and if it's correct, yes, I will second the motion. Mayor Ferre: Now, under discussion. Mr. Plummer: My understanding is this, that from now forward until the 31st of September... UNIDENTIFIED SPEAKER: 30th. Mr. Plummer: The 30th of September, thank you. You would like it the 31st, It will be sixteen cents across the board live -a -board or transient... live -a- board or non -live -a -board and thirty cents for transients. Mr. Lacasa: And no charge for electrical hookups.. Mr, Plummer: Starting the lot of October it will go to twenty-one cents the base rate, plus six cents an additional for live -a -boards. Transient rate will go to thirty cents, plus six cents, The people in the annex will pay now and then thirty percent less until those facilities are brought up to par and that the commercial people will pay forty percent less, Is that Mr, Armando Lacasa, your understanding of your motion? UNIUNTIVIED SWEAR: There is some other questions that we need to talk about in the Same motion, J. L, UNIDENTIFIED SPEAKER: Wells the taxpayer problem we can solve that... those who... Mr. Plummer: Excuse tne. UNIDENTIFIED SPEAKER: There is a twenty percent discount generally for the City taxpayers that keep a boat there, Mr. Plummer! Well, that hasn't been brought in now. That's all got to be put into the ... Mayor Ferre: Is that part of your recommendation? Twenty percent for... Mr. Fosmoen: It 'would be the subject of a second ordinance Mr. Mayor. Mayor Ferre: Ok, but I mean you intend to recommend that? Mr. Fosmoen: Yes. And you also asked for a twenty percent increase for non -City residents... Mayor Ferre: That's right. Mr. Fosmoen: and that ordinance is being drafted in the Law Department. Mr. Plummer: Well, now wait a minute. Don't say ok. Are we talking about if this is what is accepted that non-residents would pay twenty percent more than this figure? Mr. Fosmoen: No, sir. I'm telling you... Mr. Plummer: Or this would be the non-resident figure? Mr. Carollo: You get a discount if you own more than five condominiums, Plummer or not? Mr. Plummer: I would hope so. Mr. Fosmoen: The issue originally came from the Commission and directed us to prepare an ordinance which gave taxpayers of the City of Miami a twenty percent discount and non -taxpayers or non-residents. Mr. Plummer: Mr. Fosmoen, on these rates that are presently being proposed is it the intent of the ordinance that you are having drawn that non-taypayers would pay twenty percent more than this? Mr. Fosmoen: That is not my recommendation. Mr. Plummer: Well, what is your recommendation? Mayor Ferre: Alright, let me interrupt you for a moment? (COMMENT OFF THE PUBLIC RECORD) Ok, on we go. Let's go. Plummer ask your questions and let's go. Mr. Plummer: Well, it's my understanding Mr. Mayor, that a twenty percent discount would apply to the sixteen cent rate now and the twenty-one in October for people who own a home and pay taxes on advalorem homes. Not businesses. Mayor Ferre; That's right, you got it. You got it. You got it. Mr. Plummer; Now, is that correct? Is that correct? Mr. Fosmoen; Yes. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Plummer; No, no, no, no. Mayor Ferre; Home owners. Mr. Plummer; Iipme owners. 132 FEEB "51 6 4 Mayor Ferre: Ok, Pluimttet go on, Where else have you got? Mr. Plummer: Home owners take pride, Mayor Ferre: Anything else? Altight, are we ready for a vote now? THEREUPON THE FOREGOING MOTION, duly introduced by Commissioner Lacasa and seconded by Commission Plummer was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa and Mayor Ferre. NOES: Mr, Carollo. ABSENT: Vice -Mayor Gibson. (LATER FORMALIZED INTO FIRST READING ORDINANCE) NOTE: AT THIS TIME THE COMMISSION RECESSED FOR SUPPER. 44. MODIFY RESOLUTION APPOINTING CITY MANAGER TO EXTEND DATE TO MARCH 17TH COIRIISSION .FETING THEREUPON THE FOREGOING MOTION TO extend the appointment of a City Manager to the March 17th Commission Meeting was introduced by Commissioner Plummer, and seconded by Commissioner Carollo, and was passed and adopted by the following vote: AYES Mr. Plummer, Mr. Carollo and Mayor Ferre. NOES: None. ABSENT: Mr. Lacasa and Vice -Mayor Gibson. (AMENDMENT TO RESOLUTION NO. 81-112) NOTE FOR RECORD; AGENDA ITEMS 2, 3, 4, 5, 9, 14, 15 WERE DEFERRED (Planning b Zoning Items) a 45. HIRING FREEZE: PERMIT HIRING IN DEPARTMENTS AS DESIGNATED Mayor Ferre: Alright, on the question of the hiring freeze. Now, what do you want to do on this? We have got a series of problems. Mr. Carollo: I want to go... Well, Dick, what I want to see is, number one, the positions that you definitely, definitely need. Now, there is a lot that you wanted to lift, but I don't think all of them are that important. Hcw many do you have all together that are definitely a must? Mr. Fosmoen: I can go through the item that's on your agenda as Item "B" and tell you department by department how many I would term at this point super critical instead of just critical. Mr. Carollo: How many are we talking about approximately, Dick? Is it what we discussed... Mr. Fosmoen: Approximately 45 positions, sir. Mr. Plummer: No, wait... wait, wait, whoa, whoa, whoa. Are we into Zon--ng? Are we not into Zoning? Mayor Ferre: No, no, I will tell you Carollo has to leave and this... Mr. Plummer: That's fine. Mayor Ferre: Yes, that's fine because it suits, I understand, your purpose. But we have got to get this thing J. L..... we got to run this City and... Mr. Plummer: Well, I disagree with you Mr. Mayor. Now, the City Commission Meeting is over. Mayor Ferre: I haven't called for any... we have just been talking here. We haven't... the City Commission Meeting has not been adjourned. We still have the... we still have the... we were discussing about when we were going to set the next meeting for. So we are still in the Commission• Meeting. Now, as I understand it your answer is that forty-five is the minimum that you can get away with? Mr. Fosmoen: Yes, sir. Mr. Carollo: Are they the forty plus positions that you went through with me? Mr. Fosmoen; I'm sorry? Mr. Carollo; Are they the forty plus positions that you went through with me and told me they were definitely a must? Mr. Fosmoen: Yes. Mr. Carollo; Ok, can we go through quickly all these positions again? Can you do it may be in a couple of minutes, Dick? Mr. Fosmoen; Yes, I certainly Can. Mayor Ferre; Go ahead. Mr, Fosmoen; If you start with your memorandum... Mr. Plummer; What Item? Mayor Ferre; "B" . Item "$". Mt, Fostooen: We heed all of the positions in Building and Zoning in otde to conduct our inspections on time tot contractors out in the field, We are causing delays, Mayor Ferre: Looky Fosmoen, since you have already talked to Commissioner Carollo on these things,., Mr. Plummer: No$ no, I want to hear that, I want him to go through each individual position line by line, Mayor Ferre: Ok just outline theta... Mr. Plummer: Which exactly what Mr, Carollo was asking for. I'm entitled to hear... Mr, Carollo: What I asked for, J, L., was to go through each department as a whole and how many positions were needed for those departments of those forty-one slots, I don't need for him to give me a full explanation again. He went through that with me already privately and I'm sure he has discussed or tried to with the rest of the Commission. What it falls upon now is our own personal opinion and priorities. Mayor Ferre: Go ahead, Fosmoen. Mr. Fosmoen: In order to implement the Booze -Allen Study and keep up on the necessary work. I need all of the Computers and Communication slots. Mr. Plummer: How many people? Mr. Fosmoen: Nine. Mr. Plummer: How much money? Mr. Fosmoen: Hundred sixty-one thousand dollars for the remainder of the year. Mr. Plummer: Make a separate motion on that and I will vote for it. Mayor Ferre: Ok. Mr. Fosmoen: On Leisure Services there is... there has been for a considerable amount of time a vacancy in a Typist Clerk position that beginning to impact... Mayor Ferre: I'm sorry. I see in the memo you gave me.10. You said nine. Mr. Fosmoen: I'm sorry. Since the last time we talked there has been another vacancy and I was referring back to the list that I had attached. Mayor Ferre: Is it nine or ten? Mr. Fosmoen: It's ten, sir. There are ten vacancies. In Leisure Services... Mr. Plummer: But the memo says nine and that's what's in the ordinance. Mayor Ferre: No, no, it says ten here, J. L. Look. Mr. Plummer: And it's nine? Mayor Ferre: Alright, go ahead with Leisure Services, please. Mr. Fosmoen: Leisure Service, we are in need of a Typist Clerk position in order to keep payroll going and just. get material out of that department that supports the other activities. Mayor Ferre: Just tell us what you need, Mr, Fosmoen. How many people? Mr. Plummer. That's one Typist Clerk in _Leisure Service? Mr, Fosmoen; Us, Mr. Piu=_ er; And _you can't get a TYpiot Clerk transferred from sotaewhere P,Ise? t.: 4 6 Mrs Fosmoen: They ate all needed positions) Commissioner. Mr. Plummet: tom saying you have examined the entire City and there is not a Typist Clerk any where else that could be freed up to fill this position? Mr. Fosmoen: Then as soon as I do that Commissioner that department is going to start running short on services. Mayor Ferre: Mr. Fosmoen, one time. How many people do you need in Leisure Services? That's what Mr. Carollo was asking you. Mr. Fosmoen: One. Mayor Ferre: Alright, Mr. Fosmoen: Parks Department, I need one. Mr. Plummer: I will ask my question again. Mr. Fosmoen, have you examined the City and explaining to me that there is not a Typist Clerk available somewhere else that couldn't be used? Mr. Fosmoen: Commissioner, if we start with a promise that every position ghat is budgeted is in fact necessary to maintain the levels of service that the Commission desires and I start pulling Typist Clerks from other departments and moving them around the City, then that department is going to suffer in its ability. Mayor Ferre; Alright, thank you, Mr. Fosmoen. Parks? Mr. Fosmoen: Two positions. Mr. Plummer: Which two? Mr. Fosmoen: Park Planning Coordinator and a Typist Clerk I. Mayor Ferre: Ok, Planning? Mr. Fosmoen: One. Mayor Ferre: Public Works? Mr. Fosmoen: All seven. That is... Solid Waste, we are now up to seventeen, sir. We were at seven at the last meeting. We can get by with thirteen. Mayor Ferre: Thirteen in Solid Waste. Seven in Public Works. Mr. Plummer: Which are the thirteen? Mr. Fosmoen: We would have fewer waste collectors, Commissioners. Mr. Plummer: Are you talking about three Waste Collectors Operators I? Mayor Ferre: No, he is talking about four less waste collectors. Is that correct? Mr. Fosmoen: The bottom. Yes, sir. Mayor Ferre: In other words, instead of ten it would be six. Mr. Plummer: So that would be a six, ok. Mayor Ferre: Alright, Building and Vehicle Maintenance, Mr, Fosmoen: Communication Technicians, Heavy Equipment Mechanics, I need... Mr, Plummer: Well, wait a minute, wait a minute, wait a minute. Heavy Duty Mechanics... MF, Fosmoan; Heavy Equipment Mechanics, Two Air Conditioning Merchanicy, four Automotive Mechanics, two CoMmunieations Tecnicians, iou€ Heavy Equipment Mochanics and one Store. Keaper. I a� Mayor Ferre: How many? Total, please, Mr. Fosmoen: Twelve, Mayor Ferre: Twelve, Mr. Fosmoen: Stadiums and Marinas, one Secretary III and the Law Department needs, which is not on the original memorandum, needs three Legal Stenos and one Legal Investigator, Mr. Plummer: Now, that comes to forty-five? Mr. Fosmoen: Commissioner, I have not added up those numbers since I just gave them to you and I have added four in. Mr. Carollo: The Zoning Department is how many again? Mr. Fosmoen: Five. Mr. Plummer: Now, has any consideration been given to laying forty-five other people off? Mr. Fosmoen: Yes, sir. You have approved a layoff schedule in Parks Department and in Leisure Services and we are proceeding to implement that. Mayor Ferre: And the Assistant Labor Relations Officer you are not... that you don't need? Mr. Fosmoen: We are going to need that very soon, sir. I could use it tonight, yes. Mayor Ferre: That's one in City Manager, Five in Building and Zoning... fifty-three people that you have here. Fifty-three people, not forty-five. Mr. Carollo: Dick, let me tell you what I'm going to go for. I am going for your request in Building and Zoning Inspection... Mr. Plummer: How many is that? Mr. Carollo: That's five. And from what I have been able to judge not only speaking to Fosmoen, but people in that department they are all needed. I'm going to go with your Computer and Communications... Mr. Plummer: How many is that? Mr. Fosmoen: Ten. Mr. Carollo: Now, Leisure Service, I'm going to pass that one up, Dick. Mayor Ferre: Ok, how about the existing Labor Relations Officer? Mr. Carollo: Did he mention that one? Mayor Ferre: Yes. Mr. Fosmoen: I could use that, yes, sir. Mr. Carollo: That's one I prefer to pass up ---I'm not convinced of that --- until the next meeting. Mayor Ferrer Ok. 'arks? 40 Mr, Carollo; On Parks, I go with you two for Parks. Mr, Plummer; Two? Yes, Mr, Carollo; Aright, on PIenning I go for you one position in planning, In Public Works I so for all coven, Mayor Ferro; Solid Waste, 137 4 1 Mr. Carollo: Solid Waste, your Accounting Clerk was one of the positions you wanted? Mr. Fosmoen: Yes, Mr. Carollo: And you had two Waste Equipment Operators? Mt, Fosmoen: Yes. Mr. Carollo: I go for those three. Building and Vehicle Maintenance, 1 go for all twelve you asked. And... Mayor Ferre: Wait a minute, how many? Mr. Plummer: Twelve. Mayor Ferre: Twelve and what? Mr. Carollo: Building and Vehicle Maintenance. Mayor Ferre: No, I mean in Solid Waste what did you go for? Mr. Carollo: Three positions. Accounting Clerk, one and two Waste Equipment Operators. Mayor Ferre: How about the Waste Collection Operator and the Administrative Aide? Mr. Plummer: Pass. Mayor Ferre: Pass. So you are talking about three? Mr. Plummer: Three in Solid Waste. Mr. Carollo: Three in Solid Waste. Just how badly do you need these Waste Collection Operators? Do you have anybody else that could run... Mr. Fosmoen: We can do it with ninety-nine who are temporary. Mr. Carollo: Ok. That's what I go for then. Mr. Fosmoen: The Law Department also had... Mayor Ferre: How about Building and Vehicle Maintenance? Mr. Plummer: All twelve he said. Mr. Carollo: All of them that he asked for. Mayor Ferre: Ok. And how about the Stadiums and Marina, one person? Mr. Carollo: What he has asked for is a Typist Clerk. We don't have anybody in there that... I mean,.., Mayor Ferre: Jennings? Mr, Fosmoen: I don't know whether Bob is still here or not. Mr. Carollo: Well, I think it's not going to kill anyone else to take a little extra work load for a little longer. Mayor Ferre: How about the Law Department's request one? Mr. Plummer: No, there request was for three. Mr, Fosmoen: Three Legal Stenos and one Legal Investigator, Mr, Flumer. How many Lem! Stenos have you Sot up there nowt UNTUNTiFIBD SP9=R; About seven. ■ Mr. Plummer: You got seven? And you mean to tell... Mr. Clark: We have fourteen attorneys and we have a case load and a work load that is... Mayor Ferre: You have got to get rid of some of the attornies and get some Legal Stenos. Mr, Plummer: There you go. Get rid of one attorney and buy three Stenos. Mr. Carollo: That's what I have been saying for a long time of the fourteen attorneys. Mr. Lacasa: The question of the attorney, the question of the attorney. I want to remind you that we passed a resolution about two months ago on the question of adding one more attorney to the Legal Department because of the problem of this prosecution. So now we can't cut down on attornies. Mr. Plummer: No, no, we are not cutting down on attorneys. We are cutting down on Stenos and let them use a pool and instead of everybody having their own private one. That's what we are talking about. Mr. Lacasa: They were saying about cutting one attorney. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Plummer: Get a pool of Stenos. Mayor Ferre: He is willing to go for the Investigator, but not for the Steno. Mr. Carollo: I figure all the stuff you have going on in the City he is bound to definitely be needed. Mayor Ferre: The Law Department one Investigator. Is that correct? Mr. Plummer: Where is that? I don't have that. Mr. Carollo: He stated it wasn't in the memorandum. Mr. Plummer: I will invoke the rule on the Law Department. Next item. Mayor Ferre: J. L., we are cutting... alright, now, so as I understand it then you have approved thirty-five people. Is that correct? I will repeat them. Five in the Building and Zoning, ten Computers and Communications, two in the Parks, one in Planning, seven in Public Works, three in Solid Waste, Twelve in Building and Vehicle Maintenance and that's it. Mr. Plummer: That's it. Mayor Ferre: That's thirty-five. Mr. Plummer; That's right. Mr. Fosmoen: Forty. Mayor Ferre: What? Now, and you don't want that Law Investigator, Plummer? Mr. Plummer; The Law Investigator? Mayor Ferre; Yes, Mr. Clark; Legal Investigator. Mr. Plummer; The Legal Investigator is not here. What's the cost on it? I don't have any cost. I don't have anything in front of me, I will invoke the rule on that, You bring it up at the next meeting. Mayor Ferre; Ok, so we got thirty,,. Mr. Plummer; And I'm not opposed to it, Ok, but I want facts and figures brought before me, Not grown out here at use the last day, lsyor Ferre; Alright, we have got thirty-five, I$ there a motion° Mr, garpllo; Nove. i Mayor Perre: Is there a second? Mr. Fosmoen: Forty Itts forty. Mr. Plummer: It's thirty-five. Mayor Ferrel Where did he get the forty? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Plummer: Forty. That's it. Mayor Ferre: Forty, ok. Alright, who is... you moved it. Mr. Carollo: I made a motion. Mayor Ferre: You moved it. Is there a second? Mr. Lacasa: Second. Mayor Ferre: Seconded, further discussion on those forty? Alright, call the roll. Mr. Plummer: Alright, wait a minute. Under discussion on those forty. Mr. Mayor, I would have hoped that you would have individually done Computers and Communications because I want to indicate for the record that I would have voted favorably for. Mayor Ferre: Let the record... Mr. Plummer: Since it is a group sabotage I must then of course, reflect a negative vote. Mayor Ferre: J. L., in the interest of time, ok, we are doing it that wz:y, let the record reflect that Commissioner Plummer would have voted for the ten in Computers and Communications. Now, call the roil. Mr. Plummer: Yes, sir. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 81-146 A MOTION AUTHORIZING THE CITY MANAGER TO HIRE PREVIOUSLY FROZEN POSITIONS IN VARIOUS CITY DEPARTMENTS AS FOLLOWS: 5 positions in Building and Zoning Inspections Department 10 positions in Computers and Communications Department 2 positions in the Parks Department 7 positions in the Public Works Department 1 position in the Planning Department 3 positions in Solid Waste 12 positions in the Building & Vehicle Maintenance Department, for a total of 40 authorized positions. Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Mr, Carollo, Mr. Lacasa and Mayor Ferre, NOES: Mr. Plummer, ABSENT; Vice -Mayor Gibson, NOTE FOR RECORD! PLANNING AGENDA ITEM 6 WAS DEFERRED AT THE REQUEST OF THE APPLICANT 46, VACATE AND CLOSE N.W. 1 CT. between N.W, 1 St. & 4 ST and N,W, 2 ST, between N.W. 2 Ave & FEC Station Tentative Plat "DOWNTOWN GOVERNMENT CENTER" Mayor Ferre: Alright, we will take up Item 12, (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Take up Item 12, please. Mr, Manager? Mr. Fosmoen: Yes, Mr. Whipple is going to make the presentation, sir. Mayor Ferre: Mr. Whipple? Mr. Plummer: It was my understanding on Item 12, that the objector had taken care of his problems. (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mr. Plummer: Oh, no. Well, why are we hearing 12 first? Mayor Ferre: Because the Chair decided that. Mr. Whipple, proceed.. (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mayor Ferre: Mr. Whipple, the Chair has instructed you to proceed. Now, are you challenging this chair? Mr. Whipple: No, sir, I am not. Mayor Ferre: Well, then follow orders. Proceed. Mr. Whipple: Yes, sir. The Planning Department recommends approval of this item for the street closures of Northwest 2nd Street and Northwest 1st Court in conjunction with a tentative plat for the Downtown Government Center. The Government Center has been approved in concept by this Commission and the requested closures of streets are in accord with the previous plan and Comprehensive Plan approvals by this Commission and other bodies. Mayor Ferre: Alright, Mr. LaBaw, are you here. Are you satisfied now? Mr. LaBaw: Yes, sir. Mayor Ferre: Alright, for the... and I see Commissioner Oliver is in the audience, Do you want to add anything to this Commissioner? Mr. Bill Oliver, Mr. Mayor and members of the Commission, I... not unless it's necessary. We need to have those streets closed and we are ready to proceed, As your Planning Department said it's previously been approved. We would gust like... you know, if there is any problem with it, I would like to try and address those, but I understand you had a long day and I don't want to add to that, Mayor Ferre: Alright, are there any objectors present? Mr, LaBaw; Mr, Mayor, my approval was based on the conversations I have had with the Administrative staff that this is,,. 3rd Street would be two-way all the way to 3rd Avenue, Mayor Ferre. And that it's going to be widened to 75 feet, Mr, f ostnoaAi by the bounty, 141 f 4 Mayor Ferre: By the County. Further discussion on this? Is there a motion? Mr. Lacasa: Mr, Mayor, I move for approval on the basis of the staff s recommendation. Mayor Ferre: Is there a second? Mr. Plummer: I will second it for purposes of discussion. Mr. Sims, on the record. You have any problems? Mr. Sims: No, sir. Mr. Plummer: It's all worked out? Mr. Sims: We would just like to get going, sir. Mr. Plummer: Call the roll. Mayor Ferre: Further discussion, call the roll. ON ROLL CALL: Mayor Ferre: I'm voting for the overrule of the Zoning Board's denial and in accordance with the Planning Department for approval and I vote "yes" for that motion. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-147 A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTINUING THE PUBLIC USE OF THAT PORTION OF N.W. 1ST COURT BETWEEN THE NORTH R-O-W LINE OF N.W. 1ST STREET AND THE SOUTH R-O-W LINE OF N.W. 3RD STREET (+650.42') AND BETWEEN THE NORTH R-O-W LINE OF N.W. 3RD STREET AND THE SOUTH R-O-W LINE OF N.W. 4TH STREET (+300.2l'), ALSO N.W. 2ND STREET BETWEEN THE EAST R-O-W LINE OF N.W. 2ND AVENUE AND THE WEST R-O-W BOUNDARY OF THE FEC RAILWAY STATION SITE (+449.98'), AS A CONDITION FOR APPROVAL OF TENTATIVE PLAT #1102-A "DOWNTOWN _ GOVERNMENT CENTER". (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: Mr. Plummer, Mr. Carollo and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo and Vice -Mayor Gibson. NOTE FOR RECORD: AGENDA ITEM 13 PLANNING & ZONING AGENDA WAS DEFERRED 142 J '� ! V 61 47, SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION 1901 N,W. SOUTH RIVER DRIVE C-4 to R-4 Mayor Ferre: Take up Item 1. Application by Jorge Garcia to change the zoning on South River Drive from C-4 to R-4. This second reading. Mr. Whipple: The second reading, Mr. Mayor, The Planning Department has recommended approval and we have no objections from the Public Works DOT. The Zoning Board recommended approval six to one. This is a request of the change of zoning from C-4 to R-4. We have no problems. There was considerable discussion at the Zoning Board level regarding services to the property with the limitations imposed by the Public Works regarding the sanitation facilities. We find no problem with the approval of this change of zoning from C-4 to R-4. Mr. Jose Villalobos: For the record, Jose Villalobos, 1401 Ponce de Leon Boulevard, Coral Gables, Florida for the applicant. Mayor Ferre: Go ahead. Mr. Villalobos: I will stand on the recommendation by the Department, sir. Mayor Ferre: Ok. Are there any objectors... are there objectors here that wish to be heard tonight? Ok, if not, is there a motion? Mr. Lacasa: I move. Mayor Ferre: Alright, there is a motion by Lacasa, is there a second? Would you tell me how I voted last time? Mr. Perez: You voted for it, sir. Mayor Ferre: Plummer, you want to second this motion or not? Mr. Plummer: Yes, I second the motion. Mayor Ferre: Further discussion on the ordinance, read the ordinance, please. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF BLOCK 5; COPPINGERS TROPICAL GARDENS (16-52), BEING APPROXIMATELY 1901 NORTHWEST SOUTH RIVER DRIVE, FROM C-4 (GENERAL COMMERCIAL) TO R-4 (MEDIUM DENSITY MULTIPLE) DISTRICT, AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE, Passed on its first reading by title at the meeting of December 17, 1980 was taken up for its second and final reading by title and adoption, On motion of Commissioner Lacasa, seconded by Commissioner Plummer, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote. AYES. Mr, Plummer, Mr, Lacasa and Mayor Ferre, HOES', None. ABSENT: Mr, Carollo and Vice -Mayor Gibson, THE ORDINANCE WAS DESIGNATED ORDINANCE No. 9249. The City attorney read the Ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 48. GRANT 1 -'YEAR EXTENSION OF CONDITIONAL USE: UNITED WAY - 955 S. W. 2 AVENUE Mayor Ferre: Alright, is there any objector here on Item 17, United Way of Dade County, one year extension of conditional use. If not, Mr. Plummer, would you move Item 17. Plummer moves, Lacasa Seconds, is there further discussion on Item 17? Alright, call the roll, please. The following resolution was introduced by Commissioner Plummer, whc moved its adoption: RESOLUTION NO. 81-148 A RESOLUTION GRANTING A ONE YEAR EXTENSION OF A CONDITIONAL USE GRANTED FROM ORDINANCE NO. 6871, ARTICLE VIII, SECTION 1(11) (f), TO PEFLv,IT A PHI12iNTHROPIC AND ELEEMOSYNARY ORGANIZATION (THE L'::ITED WAY OF DADE COt ;gin ) 1'0 OPERATE 0.: L05 li, i2, 13, 14, 15 AND 16, LESS WEST TEN FEET OF LOT 11 FOR RIGHT-OF-WAY, BLOCK 70, MIAMI (B-41) BEING 955 S.W. 2ND AVENUE, SUBJECT TO LANDSCAPE AND SITE PLAN APPROVAL BY TIRE PLANNING DEPARTMENT, ZONED R-4 (MEDIUM DENSITY MULTIPLE), AS PROVIDED BY ORDINANCE NO. 6871, ARTICLE )MXII, THE CO22 REHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI. (Here follows body of resolution, omitted mere 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: Mr. Plummer, Mr. Lacasa and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo and Vice -Mayor Gibson. 49. PUBLIC HEARING: PROPOSED IMPROVEMENTS TO MARGARET PACE PARK Mayor Ferre: We are now on Item 8. This is for permission to construct and opera*e a recreation facility at Margaret Pace Park. Go ahead, The Chair recognizes the Administration. Mr. Whipple; Mr. Mayor, this is improvement to Margaret Pace Park regardi.n& a donation to provide pinic pavillions recommended by the Planning Agvi6ory y004r.. it was sent at the request of the Planning Advisory Board to the Waterfront Development Board and they likewise recommended approval on this. 14 FES 2 6 11981 AMC Mayor Ferre: Thank you, are there any objectors present? You all want to speak. Would three minutes be sufficient? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: How long do you want to speak? How many? I can't hear your (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Because I set the rules around here. How many minutes do you want to speak? Now; many? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: No. No. No, Ma'am. I will tell you. How many of you want five minutes? Raise your hands and I will give you your five minutes. Five speakers five minutes. The rest of you speak three. Let's go. It will take us an hour to get through this. Ms. Sarah Luddle: My name is Sarah Luddle. I live at 20.4. Mr. Plummer: Excuse me. Mr. Mayor, we are on Item 8? Mayor Ferre: That's correct. Mr. Plummer: And these people are objecting to recreational facilities? Ms. Sarah Luddle: Yes. May I tell you why? Mr. Plummer: Yes, please do, because you know, it's not often that I hear anti --motherhood. I want to hear this. Go head. Ms. Sarah Luddle: My name is Sarah Luddle. I live at 21st Street and North Bay Shore Drive facing the park, the Bay and the inland. I understand that Mrs. Burton, the sister of Margaret Pace to who the park is named as donating ninety thousand dollars for the erection of four pinic pavillions in the park. I would like to know what the dimensions of the pavillions will be? Will they be hurricane proof so as not to be a hazard to people and building... don't laugh. I didn't laugh at you. Mr. Plummer: Ma'am, I'm sorry for laughing, but you know, isn't it inconceivable under the South Florida Building Code that the City is going to build something that is not hurricane proof. Isn't that logical to you? Ms. Luddle: Well, I don't know. I'm asking. I want an answer to the question. All I'm asking is for an answer. Will the pinic pavillions conform to the Building Code? Mr. Plummer: They have to. Ms. Luddle: Will the fifty foot setback from the shoreline be observed? Mr. Fosmoen: Public property is exempted from the fifty foot setback. Ms. Luddle: It's excepted? Mr. Fosmoen: It is exempted from the fifty foot setback. Ms. Luddle: May I ask why? Mayor Ferre: Because that's the way the law,.. Mr. Plummer; That's the law, Mr. Fosmoen; Because that's the way the Chanter was written. Ms, Luddle; Will a building permit be obtained? Mr. Fosmoen: Yes, Ms. Luddle; Alright, The Planning fact shoot states that this is being done because the park to under vtilizod. How was this oonolusion arrivod at? Was a survey undo? And if so; by who? What are the details of this survey? 14 .� * a And is it available to us? Mt, Fosmoen: The Parks Department monitors all our parks to determine their level of utilization. If the lady is asking whether we station someone out there and counted noises over a three week period, I would have to answer "no", but it is the tecomrnendation of the Parks Department that this facility be constructed. Ms, Luddle: Well, it is my opinion that the park is not under utilized. If a survey had been made they would have seen the trash and debris that presently exist in the park which is rarely, if ever, cleaned up. Wouldn't pinic pavillions increase the situation and detract further from the park? I know this park and it is my opinion that the pavillions would be used more by drifters and winos than anyone else. My home faces the park and I use it and observe it daily. And it is definitely being utilized. There are dozens of people running and walking every morning. During the day young people play ball and fly kites. Families with children are present most of the day enjoying the atmosphere as it now exists. It is also my understanding that if the pinic pavillions are approved so will a marina development proposal for the park be approved which is attached to the site plan for the pavillions. This development plan for a marina is a Greenleaf Telesca Study proposing dockage for several hundred boats, ramps and parking facilities to be built around the park and the inland. My concern is the impact this will have on the neighborhood and the residents as to traffic congestion, noise, pollution and destruction of marine life in the inlet. This park and inland are one of the few opened, natural havens that still exist in that part of Miami and which are becoming more rare everyday Their are pelicans, cormorants, herrons and even manatees in that inlet which will be... they will just not have a place to feed. It would destroy this as a feeding ground as well as affect the quality of our lives in that area. As it is at present it's a delightful natural area. Directly South of this park is a huge marina which was built by Mr. Tibo Hollo which jumps way out into the bay and is a terrible eye sore. Do you want the entire shoreline there to be marinas? Is that the intent of this Commission? I suggest that if Mr... I may be out of order on this, but I suggest that if Ms. Burton has ninety thousand dollars she wishes to contribute for beautification of this City that it be used in Liberty City where recreational facilities are sorely needed and which would improve the quality of life there. I believe I speak for hundreds of residents in that area who are happy with the park, the inland and the shoreline as it is. The park is only a quarter of a mile long and half as wide and to put... to destroy this natural spot as it is I think would absolutely be criminal and I ask your consideration. Thank you. Ms. Susan Tone: My name is Susan Tone, I live at 2121 North Bayshore which is across from the park also. And I have a couple of questions about clarifying what these pinic pavillions are. First all, if there are going to be structures built and you have already indicated they would need a building permit. Does the land have to be platted first to have a building permit? Mr. Fosmoen: Does the land have to be platted? Ms. Tone: Yes, does it have to be platted to have a building permit? And it's my understanding it does and this land is unplatted. Mr. Fosmoen: Under normal circumstances land must be recorded as a plat and that's correct. Ms. Tone: This land is not platted. What happens now? Mr. Fosmoen: I don't have a survey of the property to determine whether you are right or wrong. Ms. Tone It's in the file and it says it's unplatted... it says on the top of the fact sheet it's unplatted. I pointed that out to the Co=issioner, Secondly, I feel that the site plan 1 was looking at also to see how large would these pavillions be were concerned about having concrete put in this nice open space, There are no dimensions there it's simply a site plan an 'T' on the map if you would. And 1 felt that, that was not adequate to come to any conclusion as to what thls was going to be, Where it would bet How much land it would take up in the park? The land¢caping? All of the Wormatton that should be on a site plan, In regard to the.., 146 FES 26 iS$1 6- 4 Mayor Fetre: I think she is fight on both of those things. Mti Fosmoent. That we should have detailed drawings? Mayor Ferret. Absolutely, Ms. Tone: And the platting. Mayor Ferre: Absolutely. Mt. Plummer: It's my understanding any how, Maurice, that the procedures of building are going to have to go through the normal building procedures and that is you are going to have to have plans, they are going to have to have bidding procedures and that's all going to be taken care of. Mayor Ferre: Yes, but I'm going to tell you something. I'm going to... I think this lady is right and I'm going to insist that before anything is finalized that the neighbors be given more than that. You know, that's just... really with all due respects to the Administration. I think they are a hundred percent correct. Ms. Tone: Thank you. Mayor Ferre: That's not enough to... Ms. Tone: In regard to the development plan of the marina I couldn't understand why this was attached to a pinic pavillion. Why is this development plan for a marina here? Mayor Ferre: Look, the marina is way far away and before we get to anything like a marina we will have to have a public hearing and we will have to find the money for it and I... you know... Ms. Tone: Are you going to vote on anything about this marina plan tonight? Mayor Ferre: No. Mr. Plummer: I don't know anything about the marina. Ms. Tone: It's attached to it. That's one reason I'm here. What is this marina plan in the file? It's the Greenleaf and Telesca Study. Mayor Ferre: Hey, let me answer you, ok? The reason I'm sure it is attached is because the City of Miami Commission went on record way back when? --Whenever this was done--- saying that this was the master plan of what we wanted to do eventually with all these places and Greenleaf Telesca said "hey, here is a good place to put a marina". Now, between that and a marina if this City is true to itself, it's usually ten, twenty years and most of the plans... I can show you a room full of studies and master plans ninety-nine percent of which nobody ever pays any attention to, ok? With all due respects to the Administration, but to follow the procedure they attach these things and they say "hey, fellows don't forget you approved to do that. Now, that doesn't mean that we are going to do it and before we got any where near that we would have to find a way to finance it which we don't have now and then we have to have a public hearing. We are not voting on this tonight. Ms. Tone: My comment would be the same with the development plan that there is so little information on the content also. Also and of course, it isn't zoned for this right now. And my concerns are about this plan being attached to it that you might by mistake vote on it since it's in the file. Mayor Ferre; No, no, Look, I will stipulate into the record that we are not voting for or on the marina plan tonight, ok? Ms, Tone: I'm reassured. Yes, thank you. Mr. Plummer; And also be reassured before those things go up you will have detailed drawings and everything on it, No question. Mayor Ferre; And i will tell you l would be very grateful if you would do this, if those of you ladies And gentlemen that iwe here from the neighborhood, if you would give your names to the Clerk over here or to the Administration then l'm 147 I going to ask and we are going to put as part of this that before anything be done there that you be called, that you be sent a registered letter in your name to make sure that you are aware that we are going to proceed and that you have an opportunity to come and look at the plans and should any of you want to bring it up before the City of Miami Commission if I'm around and I'm sure I speak for Plummer and for Lacasa. And I want to tell you that I pledge to you that if you want to... if you have any problems on the design I will recognize you at a public hearing, ok? Ms. Tone: Thank you. And also what could be done for ninety thousand dollars, you know, we... the plans would be interesting to see, Thank your very much. Mayor Ferre: Ok, next speaker? Ms. Grace Wilson: My name is Grace Wilson. I'm also at 2121 North Bayshore Drive. I really think that it's not at all pertinent that you present us with the proper plans. To suggest to you that there is a one quarter of a mile park which now exists...(COMMENT NOT ON PUBLIC RECORD). I would like you to be aware of the park. Most of you have not even seen the park. The park is one quarter of a mile in length. Recently, Mr. Fern received a petition not to cut down the trees in the park. There was an effort to reduce the trees for some reason. Also, we now have Mildred Pepper Palm Grove. The same site of the Mildred Pepper Palm Grove is the site where the picnic tables are planned. If you are aware of all of the space there is no space at all in that park. On the other end of the park there are some plans for sand boxes and swings and all kinds of things where there no space at all. Recently, a vita course has been presented there. This has taken up much of the natural land. I think if anyone is suggesting to beautify the park that it should be done with natural foliage, that there should be trees, that there should be flowers and to suggest filling the park with cement or more picnic tables seems quite out of order. Thank you, for listening to me. Mayor Ferre: Next speaker? Mr. William H. Brown: William H. Brown, 2121 North Bayshore Drive. My condo faces the park. Now, this area has become lately one of the worst crime ridden areas in the City of Miami. We have a cafeteria there. Tonight there was a policeman in the front because there has been--- I don't want to publicize it, but I have to ---holdups doing the day. Three and four men holding up seven and eight people at one time. And all around the area is very serious crime area. Now, if you attempt to bring in a lot of riff raff into this park ---and it's a beautiful thing right now. I don't know if you are familiar with it.... Well, Commissioner Plummer, why do you object to it? Mr. Plummer: Sir, why? You know, I'm sorry. I am just completely lost. Where in the hell is there anything here that we are proposing to bring in riff raff? Mr. Brown: Well, you are going to. Mr. Plummer: Well, sir, I beg to differ with you. You are entitled to your opinion and I'm entitled to mine. Sir, I ... (COMMENT OFF THE PUBLIC RECORD). You know, I see if you go to other parks that we have sir, this kind of thing in my estimate will bring in family activity. Family activity tends to discourage riff raff, sir. Mr. Brown: It's too small an area for that. Mr. Plummer: Sir, it's not too small of an area. It a quarter of a mile long. I stood in that park even though this lady would like to believe that I have never been there when Jordon Marsh had the fifieth birthday for Mickey Mouse. Do you remember that, air? Mr. Brown: No. Mr. Plummer; Well, there was almost five thousand people there, Sir, don't tell me it's too small, ok? Mickey Mouse and l stood there together and we were looking at 2121. Yes, I'm,. you know, this i$ the first tftue in elzven years, gown, that I have ever seen a group of people come out and pu* down recreational facilities when we have people in this city that are bouing for recreational facilCfes, No what I'tn saying to you selfish, sir, is don't be 148 FQ 2 c,,1 Mr. Brown: Give it to their, We are not selfish. Give it to the Black area, they need it, Mr. Plummer! You know, I just,.. I'm sorry, sir, you just lost me completely, Mr. Brown: I didn't know about this, I live right there, but I didn't even hear about this, Tonight is the first time that I see it on the agenda, Mr. Plummer: I'm sorry. Mr. Brown: I'm going to make sure that Tibo Hollo know about this, You haven't heard any yet. You will first get the objections, Mr. Plummer: Fine. Is that a threat, sir? Because I want to understand threats. Mr. Brown: Yes, Mayor Ferre: Plummer, I know it's late. I know it's late. We have been at it now for what? Over twelve hours, so let's move along. Ok, next speaker? Ms. Susan Fleming: I'm Susan Fleming, I also live at Biscayne 21, (COMMENTS OFF THE PUBLIC RECORD) Ms. Fleming: No, all I have to say is that I don't think the added recreational facilities like at key Biscayne did anything at all to improve bight House Point. It is like a pig sty and has been like a pig sty for years and years and the same thing goes for Crandon Park. And I think where we do need a little bit more recreational facilities is Virginia Beach which has been a beautiful beach and picnic area for years. And has been... everybody has been able to use it all week. Now, it's only open on the weekends. I don't know why. I think that may be for a lack of lifeguards. Now, I think this would be a nice beach that could be open all week long with picnic area. And that's all I have to say about it. I know you aren't going to like it, but... Mr. Plummer: You know, you never get too old to learn. This is the first time in eleven years that I have sat in this chair that I have ever heard anyone come in and object to more additional recreational facilities. It's the !irst time. Ms. Fleming: Well, the only problems is that families, are fine and dandy, but somehow everybody leaves behind such a mess it is a disgrace. Now, I don't know how you educate people to not doing it. Mr. Plummer: You know, animals are animals. I can't do anything about it. Ms. Fleming: Unfortunately. Mr. Plummer: But parks are for people. That's what they are for. Ms. Fleming: But the park can be used right now and just... people can bring a sandwich and eat it there. There is no problem with that. Nobody is going to stop them. Mr. Plummer: Please, I'm not putting you down. Really, ok. I just think that really we are... the Adminstration has made mistake of not showing what in fact is being proposed there, because I want to tell you something. You in your condo if I lived over there would want such a thing so I could get out of that concrete canyon that you live in and go out and enjoy it. Ms, Fleming; You don't know what a concrete canyon is, you haven't lived in New York, Mr. Plummer; Sweetheart, I know what your 2121 is. It's built on pumped up Property, ok. You know, by all that's holy you shouldn't even be there, but through a variance you got it. Mayor Forre; Thank you, Next speaker? MT, TeX Roe; My name. is Tee; Roe and I would like to explain to Mr. Plummer why these recre,40A4 l facilities aren't so desirably Mr. plumwr the problem Is that this is primarily a natural park with you know, there are a lot pf 149 joggers that go there and so forth. And I think most people that have become attached to the park don't want to change the character of it significantly. And that's the problem. if you put a lot of concrete structures and everithing it will change the character of the park and it's not that kind of park. Now, I think the people that go there now enjoy the trees and you know, the moreless natural settings and I think that`s the main objection to the type of recreational facilities as you call them. I think it's a recreational facility as it is and that it will be detracted from by what you propose. Mr. Lacasa: Let me ask you all this. You all live right there on Biscayne 21 I take it which is across the street from where the park is proposed. Ok, just next to it. Well, frankly what you are concerned is the kind of people that will go there if we create the recreational? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Lacasa: You are not concerned about that? (BACKGROUND COMIiEXT OFF THE PUBLIC RECORD) Mr. Lacasa: I understand. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Lacasa: And if the kind of park that is developed there implies real nice recreation of a good environment and good landscaping and the preservation of the natural beautification of the place would you object to that too? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Alright, wind up your statement. Mr. Roe: 'Thank you. Mayor Ferre: Anybody else? UNIDENTIFIED SPEAKER: I would like to ask you about what do you understand with the word "park". What does park means? Mayor Ferre: Well, it all depends on what kind of a park. There are passive parks... UNIDENTIFIED SPEAKER: Well, you don't have enough money to make then a park in this area. Mr. Plummer: We don't? UNIDENTIFIED SPEAKER: Ninety thousand is not enough. Mayor Ferre: He is right. Mr. Plummer: We need more? UNIDENTIFIED SPEAKER: Yes. Mr. Plummer: You want to help? UNIDENTIFIED SPEAKER: Yes. Mr. Plummer: How much? UNIDENTIFIED SPEAKER: One million. Mr, Plummer: That won't buy anything. UNIDENTIFIED SPEAKER: Are you going to dredge and put a sea wall before you put a structure like this? Mr, Plummer; Did you read the agenda, sir? ero UNIDENTIFIED SPEAKERt Yes. I'm asking first dredge the Bay and... Mac. Plu mer: Do you see anything oil here about a sea wally sir? UNIDENTIFIED SPEAKER: Put the sea wall.., just a moment. Put the trees, put the flowers, put the nice sidewalk if you want, but don't put any structure. What kind of shelter do you want to put over there? Mr. Plumtnert Picnic shelters, sir. UNIDENTIFIED SPEAKER: For what? For a barbecue? Mr. Plummer: For picnics. UNIDENTIFIED SPEAKER: For a chicken barbecue? Why don't you go an eat at McDonald's. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) UNIDENTIFIED SPEAKER: The place is very nice and you should keep it nice.. Not trying to put some... a building, why do we need the building? Why did you grass over there when it was a bay before? Why did you fill it? You filled it. Not me. (INAUDIBLE) So why don't you keep it like this or fill more so then you can build more? That's a good idea. . Mayor Ferre: It's against the law, but aside from that it's not a bad idea. Mr. Plummer: He thinks it's a good idea. Let him think that. Mr. Lacasa: Well, look, just to save time because we have been going over. It's obvious that the neighborhood represented here at this particular time have tremendous objections about the park. I for one, just so we don't lose and time because there is no more than the three of us here, I am not going to vote tonight on this for approval of the park until these people are satisfied that their neighborhood is not going to be jeopardized by this. Let's... Mr. Fosmoen: Mr. Mayor, might I suggest in the interest of time that we defer this item. That I direct the Parks Department to meet with the representatives or with the neighborhood, but you may which to hear from the lady that donated the funds. Mayor Ferre : Of course, we are going to hear from her and she is entitled to... Ms. Margaret Burton: Mr. Mayor, I'm as enlightened as you are tonight. Ill the first place I am Mrs. Robert A. Burton, Margaret Burton." I am not worth two cents. I do not have ninety thousand dollars. I am not paying for this, but I think God that somebody in Miami does care. This park was named in me,or of my mother who fought for many, many years for beautification in the it/ of Miami. That park is not a natural park it was built out of the Bay. I lived there and played there when the Bay was there. There is not to be a marina there at this time. It is in no way considered. You did not come to the Planning Department and listened to the plans and see the plans when they were given. We were here and we listened to and an objector who after he heard all the plans withdrew all of his objections. The park is for people. And it hopefully, will not be a tennis court or baseball or other recreational facilities at this time. Hopefully, it will be a beautiful passive park. It was built for that. A friend of Miami has offered to the City ninety thousand dollars to be used in this park, no other park. Not in Liberty City, Brownsville, any where, but in Pace Park because this particular person wanted the facilities there. It is to be hopefully, an open shelter to be used for luncheons, people up at Omni at the cathedral, people that live there in the vicinity who may come into the park. it is not to have any toilet facilities, Therefore. it will not be at attactive for people of this sort. This was one of the things that had to be brought out, It is a low shelter that will be very attractive, it will be lighted. Hopefully, more lights will be put in the park. It to be made so that people would want to use the park, The families that you are asking for are the people that we were trying to provide for with this shelter, it is to be landscaped. The palms will pot �e destroyed, sty clubs and my organisations have been planting in this park, We ate the PAO$ who put be plants, Your City Cpmissioners were there when the park was dedicated, They know the park, They have been the€e since for many functions, end we feel and I so@ we for I have lived here oince 1917 and I would like to see a park that You would be proud of, Thorp would not be obstructions put there that would 151 FES 25 1981 t 4. in anyway disturb you. And the people who are living in the park and living at the Miami Women Club and living at the cathedral at night and are not our most desirable aren't going to hurt the park a bit morel sir. And Mr. Mayor, I ptay that you will consider this very seriously. We are trying to improve the park and Miami. Thank you, sir. Mayor Ferret Thank you, Mrs. Burton. Let me say something Mrs: Burton. Mrs. Burton is a nice lady and she has done a lot of good things for this community and she has very good intention and I think the City has good intentions. Now, I will tell you what I think the problem is. The problem is a problem of communications and it is the City's fault. Because we have.., the only way you can do things like this ... (CO101ENT OFF THE PUBLIC RECORD) Ok, I think the problem is communications Mr. Manager and I think if you had come here with a a nice drawing and a model and something where the people could see that it was a open type of a, you know, pavillion. That it didn't have bathrooms. That there was not going to be... it's not an invitation for crime and all of that, I think you would have been able to get the approval of these people. So I would like to recommend Mr. Lacasa and Mr. Plummer, that we approve this with the stipulation that before anything occurs that we have a public hearing and bring these people back and... (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: The what? Yes, ok. Well, we will have to plat it. Ms. Tone: You have to plat the land. Do you have to have another hearing and start all over again? Plat the land to get a building permit. Correct? Mr. Plummer: Wait a minute. Mr. Mayor, may I suggest for the interest of time so that these people don't go away from here this evening feeling like what the hell did we do or what did we accomplished? That we order the Administration to proceed with the drawings, renderings and even if you want the bidding procedures. Ms. Tone: You would be in violation of the Zoning Code. Excuse me, with all due respect... with all due respect Mr. Plummer... Mr. Plummer: No, I would my dear. No, I'm not in violation. Please, unless you are a lawyer don't tell me I'm in violation. Ms. Tone: I can read this code. Mr. Plummer: Fine, I will defer this item Ma'am. Ms. Tone: The land is not platted. Mr. Plummer: If you will listen to me I will try to answer your questions. Ms. Tone: But when you talk about Mickey Mouse I really don't care to listen to you. Talking about Mickey Mouse again. Mr. Plummer: Well, I understand your problem. I understand your problem, ok? But I'm telling you I'm not in violation Ma'am. Ms. Tone: Is the land platted? Mr. Plummer; Ma'am I'm not even speaking to the land if you will let me speak. Ms. Tone: Please complete your sentence. Mr. Plummer; Thank you. We instruct the Administration to proceed with developing the plans, to get the renderings and to even go to the bidding procedure, then we will come back, Tonight we will take and defer Item 8 and at such time as you have everything else in order we will then come to a conclusion on Item #$, Ms, `Pone; May I ask what you would do if you were to approved it tonight? How would that differ from what you alre doing now? Mr, lu mor; It's all over, If we approve it tonight it's all over. That's it and that"s within opr authority to do such, FEB 26 1981 Ms. Tone: You would then go ahead and ask for bids? (BACKGROUND COMMENT OPP THE PUBLIC RECORD) Mr. Plummer: We can't approve what, sir? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Plummer: Yes, sir, we can. If there is four thousand we can do whatever this Commission wants sir. You are wrong, sir, Mayor Ferre: Don't argue with him Plummer, just make your motion. Mr. Plummer: No, I hate for a man to go away with a little bit of knowledge, that's dangerous. That is dangerous. Sir, you better understand the lau. Mayor Ferret Plummer? Mr. Plummer: No, no, no. Now, will you just wait a minute. Mr. Mayor, you know this man is sitting there making accusations. He doesn't know what he is talking about. Mayor Ferre: Does it matter? Mr. Plummer: Sure it matters. If 1 do nothing more than educate this man a little bit tonight it might be of a great thing. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Plummer: Well, sir those who do not wait to be educated will never be educated. Mayor Ferre: Let's go. Come on. Mr. Plummer: Mr. Mayor, I have made my suggestion. If you don't want to do that, hey, let's approve it and be over with it. Mayor Ferre: Make your motion, Plummer. Let's go. Make your motion, whatever it is. Mr. Plummer: My motion is that we defer Item S. We instruct the Administration to proceed with whatever is necessary to bring about the platting if necessary, the rendering, the architectual renderings and the bidding RFPs', ok? Then we will come back at a later time once these people have had the opportunity for input and to look it over and then we will have a final hearing on 8. Mayor Ferre: Is there a second? Mr. Lacasa: Second. Mayor Ferre: Called the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 81-149 A MOTION DEFERRING CONSIDERATION OF GRANTING OF PERMISSION FOR CONSTRUCTION AND OPERATION OF RECREATIONAL FACILITIES IN MARGARET PACE PARK, LOCATED AT 1745-1867 NORTH BAYSHOR DRIVE; DIRECTING THE ADMINISTRATION TO PROCEED WITH THE WORKING DRAWINGS AND SPECIFIC PLANS FOR IMPROVEMENTS INCLUDING REPLATTING -IF NECESSARY- RFP'S, etc., AND TO COME BACK AT A LAWYER DATE WIT)i INPUT FROM THE NEIGHBORHOOD PRIOR TO DECISION BY THE COMMISSION. Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Mr, Plummer, Mr, Lacasa 4nd Mayor Farce. NOES, None. ABSENT; Mr. CArQ110 and Vice -Mayor Gibson 0. VACATE & CLOSE PORTIONS OF ALLEY: BRICKELL AVENUE, S.E. 14 LANE S.E. 15 RD & COSTA BELLA DEV. SUB "EAST BRICKELL TOWER SUB" Mayor Ferrel Barry, I apologize for making you wait. We have the speaker pro tem of the House of Representatives of the State of Florida impatiently waiting all evening and I know you have a non --controversial item. Is that correct? Item 11. Is there anybody here who is an objector to Item 11? If not, is there a motion? Mr. Lacasa: I move it. Mayor Ferre: The Planning Department recommended approval. The Zoning Board recommended approval five to zero. Its now been moved by Lacasa, is there a second? Plummer? (BACKGROUND C01,01ENT OFF THE PUBLIC RECORD) Mayor Ferre: No, that means Plummer seconds, is there further discussion, call the roll on Item 11. ON ROLL CALL: Mr. Plummer: Does this include a drive-in teller? Mr. Barry Kuten: No, sir it does not. Mr. Plummer: It does not? Mr. Kuten: It does not. Mr. Plummer: Ok, put it on the screen. Is this the one that we had the problem with before where the alley came to a dead end and they had to make a left turn? Or am I thinking of the other end of the street? Mr. Whipple: Yes, the Costa Bella Development did close the alley and there wasn't a return. This completes the closure of the alley all the way around Bay Point. Mr. Plummer: Alright, am I mislead that this is not for a bank? Mr. Whipple: It is not for a bank. Mr. Plummer; This is for a condo? Mr. Whipple: This is for an apartment structure, yes, sir. Mr. Plummer: Ok, I'm completely out of base. Ok,... and I apologize. I vote "yes". The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-150 A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTINUING THE PUBLIC USE OF THE ALLEY RUNNING NORTH -SOUTH BETWEEN THE SOUTH K--O-W LINE OF S,E. 14TH LANE AND THE NORTH R-O-W LINE OF S.E. 15TH ROAD, FOR A DISTANCE of +1981; ALSO, THE ALLEY RUNNING EAST -WEST BETWEEN THE COSTA BELLA DEVELOPMENT SUB (107-14) AND THE PREVIOUSLY MENTION NORTii SOUTH ALLEY, FOR A DISTANCE OF 4-2021, AS CONDITION FOR APPROVAL OF TENTATIVE PLAT i4073-8 "EAST BRICKELL TOWEL SVB", (Here follows body of resolution, omitted Mere and on file in the Office of the City Clerk), 154 FE8 Upon being seconded by Commissioner Plummer# the resolution was passed and adopted by the following vote: AYES: Mt. Plummier, Mr: Lacasa and Mayor Ferre, NOES: None. ABSENT: Mr. Carollo and Vice -Mayor Gibson. FURTHER DISCUSSION: Mn Barry Kuten: Mr. Mayor, I just want to congratulate the City on the Trade Fair of Americas that's coming up and I want you to know that the speaker of the House of Representatives will be here for the opening and we wish you the best of success. And the speaker has indicated to me that he has hopes to increase the appropriation that was requested for this year. Mayor Ferre: That's wonderful. Mr. Plummer: Tell him we will talk about it at Joe's Stone Crabs. Mayor Ferre: And Barry I want to tell you that if it weren't for you, I would like to once again recognize as I have in the past that if it weren't for your support and help we wouldn't have a Trade Fair of the Americas and we are very... we will always be grateful to you for that. Mr. Plummer: And we are very proud that you are head of that Corunittee. Mr. Kuten: It wasn't me, it was the City of Miami Commission I can assure you. Mr. Plummer: Well, we are proud that you are up there representing us. 51. GRANT 1-YEAR EXTENSION OF VARIANCE: 1524 N.W. 14 AVE. Mayor Ferre; Does anybody object to Item 16? Are there any objectors? Alright, applicant by Peter Clemente for a one year extension. The Planning Department Recommends and the Zoning Board granted the variance. Is there a motion on 16? Mr. Plummer: Sure. Mayor Ferre: Moved and seconded, further discussion, call the roll on Item 16. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-151 A RESOLUTION GRANTING A ONE-YEAR EXTENSION OF A CONDITIONAL USE AS LISTED IN ORDINANCE NO. 6871, ARTICLE Xi, SECTIONS 2(1) AND 3, TO PERMIT BUSINESS OR PROFESSIONAL OFFICES IN THE EXISTING STRUCTURE ON LOTS 4 AND 5; BLOCK 1; GRAND VIEW PARK (5-58) BEING 1524 NORTHWEST 14TH AVENUE AS PER PLANS ON PILE, ON A LOT 5,286 SQUARE FEET IN AREA (6,000 SQUARE FEE REQUIRED) WITH TRF EXISTING STRUCTURE RAVING 5.4 FEET FRONT YARD (20 FEET REQUIRED) 155 h FEET SOUTHWESTERLY SIDE YARD (9 FEET REQUIRED) 4.5 FEET REARY YARD AT TIME NARROWEST POINT (20 FEET REQUIRED): ZONED R-C (RESIDENTIAL OFFICE). (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: AYESi Mr. Plummer, Mr. Lacasa and Mayor Ferre. NOES: None, ABSENT! Mr. Carollo and Vice -Mayor Gibson. 52. ACCEPT PLAT: SPEAR AND FELDSTEIN Mr. Plummer: Move 18. Mayor Ferre: Alright, there is a motion on 18 and a second, further discussion on 18, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-152 A RESOLUTION ACCEPTING THE PLAT ENTITLED SPEAR AND FELDSTEIN SUBDIVISION, A SUB- DIVISION IN THE CITY OF MIkMI; AND ACCEPT- ING THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE THE PLAT AND TO PROVIDE FOR THE RECORDA- TION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo and Vice -Mayor Gibson. FEB 26 1981 53i FIRST READING ORDINANCE: CHARGE ZONING CLASSIFICATION: 455=479 N. W, 6 STREET from C=5 to R=4 Mayor Fetfe: Oki who is here on Item 7? Mr, Whipple: We have representatives from Dade County Department of Housing and urban Development. Change of toning to provide housing Northwest 6th Street Townhouse Development. Mayor Ferre: Are there any objectors to Item 7? Mr, Plummer: Has this been run by the Target Area Community Development? Mr. Whipple! Yes, sir the best of my knowledge it has. Mayor Ferre! Any objectors to 7? Is there a motion? Mr. Plummer: The Target Area Committee has recommended? (BACKGROUND CO*,%MNT OFF THE PUBLIC RECORD) Mayor Ferre: And the Planning Advisory Board recomv�ended approval six to zero. Lacasa moves, Plummer seconds, further discussion, call the roll. Read the Ordinance please on first reading. Call the roll, please on Item 7. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 11, 12 AND 13, BLOCK 53N, MIAMI NORTH (A.L. KNOWLTON) (B-41), BEING APPROXIMATELY 455-479 N.W. 6TH STREET, FROM C-5 (LIBERAL COMMERCIAL) TO R-4 (MEDIUM DENSITY MULTIPLE), AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY CLAUSE. Was introduced by Commissioner Lacasa and seconded by Commissioner Plummer and passed on its first reading by title by the following vote: AYES; Mr. Plu=er, Mr. Lacasa and Mayor Ferre. NOES: None. ABSENT; Mr. Carollo and Vice -Mayor Gibson. ABSTAINING; None The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 17 ,, _ W 54, PRESENTATIO AID DEFERRAL OF APPROVAL: BRICKELL STATIGii APEA PLAT; Mr, Whipple: We're talking about the Brickell Station area plan. We have Mrs. Joyce Meyers here for.:. Mayor Ferre: You're recognized, Mrs. Meyers. Mr. Plummer: Can I suggest that we do this in reverse? Let them speak first because all they're going to tell us is ... fine. Maybe we can resolve her fears. Mrs. Susan Cohen: My objection to the Brickell Station area plan...i'm Susan Cohen, I was the co-chairman of the Citizens Input Committee. I have a problem understanding why this was a Citizen's input Committee. I have no problem with calling this City Planner's plan approved by the Real Estate agents. The citizen input of the residents in the area was over voted at every point by the real estate agents. They have a vested interest. I have a problem calling this Citizen Input Plan. That is my objection. For example, when we were discussing the zoning changes of an area around the Miami River to change it from the marina area into townhouses, I had a problem understanding why the Herald was advertising, at that point in time, townhouses for sale at that area. The Citizen Input Committee was a farce. And that is my objection. Mr. Plummer: Well was that our citizens input or Metropolitan Dade County? Mrs. Cohen: I don't know. Mayor Ferre: No, it's not ours. It's Metro. But it doesn't matter, your point is still valid. Mrs. Cohen: I'm making my point and that's my objection, not the specifics of the plan at all. Mayor Ferre: Do you want to argue with that one too? Mr. Plummer: No, hey, that's typical of Metro. Mayor Ferre: Okay, go ahead Mrs. Meyers. Mr. Plummer: Well you want to defend it, go ahead. Mrs. Meyers: I think in the interest of saving time, I'll just try to summarize the plan in less than 5 minutes. It's a very complex and innovative plan and probably could take several hours but... Mayor Ferre: J. L., don't go because we have to vote on Sister City. Mrs. Meyers; There are 4 basic objectives...... Mayor Ferre:Wait a minute, what is it that we are going to vote on because Plummer seems to be walking out? Mr. Fosmoen: Approval of the plan as submitted to you. Mayor Ferre: All right, Plummer. Excuse me but he's walking out on us, Mr. Fosmoen; No, he's sitting in the back, sir. Mr. Lacasa: He's there. J. I. is there, Mayor Ferre; All right, go ahead. Mr. Fosmoen Mr. Mayor, unless you want it in the record, all of thv major recommendations are included in your packet and in the material that's it FEB 2 1°59 cl Mr. Fosmoen (continued)! that's been distf-iht1tp.i6 Mayor Ferre: Is there a motion? Mr. Lacasa: :Move. Mayor Ferre: Is there a second? Plummer? Mr. Plummer: Second, Mayor Ferre: Further discussion? Mrs. Meyerson: Mr. Mayor, I think there's another group here that wanted to, .6 Mayor Ferre: Are you sure, Plummer? You don't want to discuss this any further? You don't want to add anything? Isn't there anybody else here who wants to...that wants to argue about this? Mr. Fosmoen: They do. Mr. Ongie: You do, okay. UNIDENIIFIED SPEAKER: I don't want to argue. What I'd like to do is first of all, very briefly... Mr. Ongie: Would you identify yourself, please.? Mr. Norman Burhmaster: My name is Norman Burhmaster. I'm with the Alan Morris Company at 1000 Brickell Avenue. I first of all, would like to say that I too attended all the Citizen Input Committees and I thought that the City Planners did an outstanding job of balancing the community in this particular plan. There are many issues to be weighed. There is the tremendous impact of rapid transit and I would like to say to the record, that as a member, an involved person in this area, I thought the City Planners did a tremendous job._ I'd like to refer, if I may, to the plan proposed by the City Planners. On page 57 of your booklet, you'll note that the City Planners are recommending an FAR ratio of 7.0 for an area designated as area 1 on the map. It is only to this area that I'd like to address my comments. If you could point that out Joyce. Mayor Ferre: Well I don't think you're going to have to worry very much because as I understand it, Mr. Lacasa is withdrawing his motion. So... Mr. Lacasa: I am withdrawing my motion. I did not realize that this was the project of which I had questions, Richard, and I will have to sit down with you and question. Let me tell you what my problem is. You might remember that about 8 months ago, give or take a few, I requested from the Administration that a study be conducted in this particular area in order to try to use the zoning authority of the City Commission to develop in this particular area housing. Okay? I have gone through this, and I am not, quite frankly, satisfied, unless you can educate me on this which will take quite a bit of time because I have a lot of questions about this particular project. This is not what I had in mind. As far as I am concerned, this is not what I had in mind. Mayor Ferre: Mr. Lacasa makes a motion that this item be deferred. Is there a second? Mr. Plummer seconds the deferral. Is there further discussion? Would you call the roll on the deferral? THEREUPON, on motion duly made by Commissioner Lacasa and seconded by Commissioner Plummer, the City Commission DFFFRRFp COMERATION OF THE ABOVE MATTER BX THE FOLLOWING VOTE: EMM T AYES: Commissioner J. L. Plummer, Jt. Commissioner Armando Lacasa Mayor Maurice A. Ferre NOES., :lone ABSENT: Commissioner .Toe Carollo Vice=114ayor (Rev.O Theodore R. Gibson FOLLOWING ROLL CALL: Mayor Ferre: Now, do you want to complete your statement for the record? Mr. Burhmaster: If I understand this correctly, we're all going to be here again at another day so... Mayor Ferre: You got it right. Mr. Burhmaster: ...so rather than belabor your evening and I hate to use that choice of words in front Joyce, but, (Laughter), I thank you for your attention and we'll meet again. Mayor Ferre: Thank you, sir. Now..... UNIDENTIFIED SPEAKER: Mayor Ferre, may I make a statement on that subject? Mayor Ferre: You certainly may, on the record. Your name and address. Mr. Keith Swenson: Keith Swenson, 2260 S.W. 27th Way. My office is located, I'm with General Development Corporation. We're located at 1111 South Bayshore Drive. And it is with that context, within that context, as an employee of that particular corporation commuting to tha: area daily to work that I participated in this citizens group and served as the other co -chairperson. I would like to make one statement regarding the actions of the group in case I would not be able to be here for the continuing hearing. You have heard from the other co -chairperson that indicated that the Citizens Committee and the actions of that Citizens Committee was a farce. I would like to stress, for the record, that it was anything but a farce. There were from 30 to I would guess 80 to 90 people attending the meetings. There was a good representation of citizens living in the community on both sides of the transit way. There were realtors, there were developers, there were people with vested economic interest and there were some of us that were there as office workers working in the corporations and businesses there who were interested in this city, in the enviornment in which we work, interested in the transportation system. I want to just point out, for the record, that the committee of citizens did look at this, there were disagreements. We did, however, reach a majority opinion on the plan and it is very important, I believe to your deliberations, that you understand that it was anything but a farce. Mayor Ferrer Thank you, sir. And I would like to ask the Clerk's Office that when this item comes up for discussion, in case you're not here again, that his statements into the record be distributed to the missing Commissioners, in writing, so that we can all have the opportunity to,.. Mr. Swenson: Thank you, I hope that I will be able to attend the hearing. Mr. Lacasa: Let me tell you, I reviewed the plan and I saw information relating to the meetings, and the meetings were fairly well attended for this type of meeting, And I have no doubts in my mind that the people that were there knew what this was all about. The question I have is. that what we were trying,,.at least what I was trying to do when i originally, 8 months ago, recommended that this area be studied, was not exactly what came out of this, You know. And this is what I would like to discuss afterwards, 0 ist FV n Mt, Swenson: Fine. I hope that I will have the opportunity to discuss this with you: Thank you. Mayor Ferre; We411 be finished in about 10 minutes and Itd like to talk to you about that. Could you wait for just a few minutes because I'd like to go over that plan, That's the first time Itve seen it and I'd like to see it, Okay, 55. FIRST READIidG ORDINA11_4CE. Mayor Ferre: Now we have a Plummer, we have an ordinance Lacasa moves and J. L. Plumer the ordinance, please. EXTE:tD HOURS OF SALE OF ALCOHOLIC BEVERAGES IN LARGE HOTELS couple of things here we have to take up. here on this alcoholic. All right, Mr. seconds an ordinance...would you read (AT THIS POINT, THE CITY ATTORNEY READS THE ORDINANCE INTO THE PUBLIC RECORD) (BY TITLE ONLY) Mayor Ferre: Okay. All right, call the roll. AN ORDINANCE ENTITLED AN ORDINANCE AMENDING SECTION 4-3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA (1980), AS AMENDED, WHICH ESTABLISHES THE HOURS OF SALE FOR ALCOHOLIC BEVERAGES BY AMENDING PARAGRAPHS (3) AND (5) OF SUBSECTION (c) OF SAID SECTION 4-3 TO PROVIDE THAT VENDORS OF BEER, WINE, AND LIQUOR HOLDING A STATE BEVERAGE LICENSE IN CONNECTION WITH CERTAIN HOTELS, MOTELS, OR APARTMENTS, AND WHOSE SALE OF SUCH BEVERAGE IS BY THE DRINK (CONSUMPTION ON THE PREMISES), MAY OPERATE AND STAY OPEN FOR BUSINESS UNTIL 5:00 A.M. ON WEEKDAYS, INCLUDING SATURDAY AND SUNDAY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE Was introduced by Commissioner Lacasa and seconded by Commissioner Plummer and passed on its first reading by title by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo Vice -Mayor (Rev.) Theodore R. Gibson The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to'the public. 161 56, FIRST KZADICG GRDIiiAi',CE: AME!"D SECTIONS 53-66 � 53-90, 53"93 AND 53=94 DOCKAGE RATES AT PUBLIC iiARIi+AS, DIi�',+ER KEY, NIAI,iARIiiA, WATSOiv ISLAND Mayor Ferret All right, therets an ordinance regarding the Marina Arsine}: and establishing dock rates. Mr. Lacasa moves, Do you second? Plummer seconds. Read the ordinance, please, (AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE py TTT7v n" v T%'Tn TUF PUBLIC RECORD) Mayor Ferre: Call the roll, AN ORDINANCE ENTITLED AN ORDINANCE AMENDING SECTIONS 53-86, 53-87, 53-88, 53-89, 53-90, 53-93 AND 53-94 OF THE CODE OF THE CITY OF MIAMI, FLORIDA (1980), AS AMENDED, WHICH ESTABLISHED DOCKAGE RATES AT DINNER KEY MARINA AND ANNEX, MIAMARINA, AND THE WATSON ISLAND MARINA, BY REPEALING SAID SECTIONS IN THEIR ENTIRETY AND SUBSTITUTING THEREFOR A NEW SECTION AUTHORIZING THE CITY MANAGER TO ANNUALLY ESTABLISH AND ASSESS NEW DOCKAGE RATES UPON CONSIDERATION OF DESIGNATED CRITERIA; ESTABLISHING AND ASSESSING NEW DOCKAGE RATES PURSUANT TO EXHIBIT A ATTACHED HERETO; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE Was introduced by Commissioner Lacasa and seconded by Commissioner Plummer and passed on its first reading by title by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo Vice -Mayor (Rev.) Theodore R. Gibson The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ON ROLL CALL: Mayor Ferre; Mr. Plummer, we need your vote on the microphone. It will be challenged in court so I am sure we need your vote. 162 FE 8 2 *ail 16 P 57► C06FtFIIING P2SOLUTIOD: CHAi1GE DATES OF IiARCH CO;yiISSIO,G f1EE='GS TO MARCH 171 1931 Mayor Fetre: All rights now there is a motion by Mr. Lacasa, seconded by Plummet that the regular...a resolution scheduling the regular City of Miami Commission meeting of Mrch 12th and 26th to take place on March 17th at 9:00 A.S. and 7:00 P.M. respectively, with consideration of Planning and Zoning items commencing at 7:00 P.M. 'loved by Lacasa, seconded by Plummer. Further discussion? Call the roll on the resolution. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO, 81-153 A RESOLUTION RESCHEDULING THE REGULAR CITY COIkLMISSION MEETINGS OF MARCH 12 AND 26, 1981, RESPECTIVELY, TO TAKE PLACE ON MARCH 17, 1981, AT 9:00 A.M. AND 7:00 P.M., RESPECTIVELY, WITH CONSIDERATION OF PLANNING AND ZONING ITEMS COMMENCING AT 7:00 P.M. (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: Commissiner J. L. Plummer, Jr. Commissioner Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo Vice -Mayor (Rev.) Theodore R. Gibson - ''rV1 53, APPOIN1!,, NT OF PERSONS TO SISTER CITIES ADVISOPY BOARD Mayor Ferret. All right, the Advisory Board, Sister City Program which Manolo Reboso is chairman of. Lacasa, Plummer...I would like to appoint the following people to that committee: Rosario Kennedy, Sony Wright, Hector Orlansky, Ronald Barron, Anna Marie Fernandez Breckner, Eli Feinberg, and Mauricio Rizikow Mayor Ferre: How many names is that, Maurice? Mayor Ferre: 8 including Reboso. Mr. Plummer: I'll have 8 at the next meeting. Mr. Lacasa: I will add Raul Masvidal, Jorge Tuya, Julio Avello Mayor Ferre: Don't you know anybody that isn't Cuban? Mr. Lacasa: The next one... Mayor Ferre: Julio Avello. Mr. Lacasa: Bob Paul. ---- Mayor Ferre: Otherwise known as Roberto Paul. Mr. Lacasa: Hilda Rodriguez Mayor Ferre: That's to make up for the bad thing you did. Mr. Lacasa: The bad thing you did. Mayor Ferre: Me? Mr. Lacasa: Oh yes. Mayor Ferre: Don't you blame me. I've got the tape on the record. Marie, did you send the tape to Hilda? It's on the tape. Mr. Lacasa: Olga Helguera and Carlos Benitez and William Alexander. Mayor Ferre: Oh, William Alexander. Mr. Plummer I didn't know you had that many friends. I've heard... how many did the refugee put on? He put on... Mayor Ferre: 9. Mr. Plummer: 9 and you put on 7 Mayor Ferre: I have Raul Masvidal, Tuya, Avello, Paul Rodriguez, Helguera, oh, I'm missing Hilda, I have Fernandez, Alexander and Rodriguez. Mr. Lacasa; Okay. Mayor Ferre; That's 9, Plummer, Mr. Plummer; Where ain't no way I'm voting on that. Mayor Forre: All right there's a motion by Lacasa, seconded by Plummer. Further disscussion on the appointment of these people? Call the roll, �40a 11 2 The following (notion was introduced by Commissioner Lacasa, who moved its adoption! MOTION NO. 81-154 A MOTION APPOINTING THE FOLLOk'ING INDIVIDUALS TO THE SISTER CITY ADVISORY BOARD: Rosario Xennedy Sony Wright Hector Orlansky Ronald Barron Anna Marie Fernandez Breckner Eli Feinberg Maurico Rizikow (The above, were appointments made by Mayor ;iaurice Ferre) Also: Raul Masvidal Jorge Tuya Julio Avello Bob Paul Hilda Rodriguez Olga Helguera Carlos Benetiz William Alexandre (The above, were appointments made by Commissioner Armando Lacasa) Upon being seconded by Commissioner Plummer,the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo Vice -Mayor (Rev.) Theodore R. Gibson 59. APPOINT MARGARET PACE BURTOid AS CHAIRPERSON TO TH3 CITY OF MIAMI MEMORIAL C01n4ITTEE Mayor Ferre: Mr. Plummer moves and Lacasa seconds Mrs. Margaret Pace Burton to be the chairperson of the Memorial Committee now that Frank Stern is gone. Well Mrs .... that's Margaret Pace Burton. You saw her a little while ago. Further discussion. Mr. Plummer; But what happened ... we appointed one to the Memorial Committee today. Mayor.Ferre; This is to be the chairperson, J. L. Vormally, the Mayor traditionally has appointed the chairperson but 1,,,since Rose came up with that, I'm doing it the nice way now. So you move it and Lacasa seconds, Call the roll on Mrs. Button, 16L- FEB °ai tot The following motion was introduced by Commissioner Plummet, who moved its adoption: MOTION N0: 81=155 A MOTION APPOINTING MARGARET PACE BURTON AS THE CHAIRPERSON OF THE MIAMI MEMORIAL, COMMITTEE 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 Mayor Maurice A: Ferre NOES: None ABSENT., Commissioner Joe Carollo Vice Mayor (Rev) Theodore R. Gibson 60, INSTRUCT CITE' ATTORNEY TO DETERMINE FISHING EXTENT ON VENETIAN CAUSEWAY WITHIN THE CITY LIMITS Mr. Lacasa: Mr. Mayor, I'll make a motion. This the question, to instruct the Administration.... Mayor Ferre: For lack of a second the motion fails. Further discussion? Mr. Carollo: Armando, what are you asking for? Mr. Lacasa: It's the question of the neighbors complaining about the fishing on Venetian Causeway. Mayor Ferre: Fishing and shimping. Man, you blame it on Plummer now you've got a perfect excuse. Mr. Lacasa: Move Mayor Ferre: Okay, I second it. The motion is this. A resolution instructing the City Attorney and the Manager to take the necessary steps to determine the extent to which fishing and shimping from portions of the Venetian Causeway lying withing the corporate limits of the City of Miami is subject to lawful prohibition and to report their findings to the City Commission... Mr. Plummer: That's a study. Mayor Ferre:...at its next regular scheduled meeting. They don't want any shrimping and fishing. Now there is a motion and a second by me. Now... I second it. Plummer, call the roll. Mr. Plummer: Go ahead. You have nothing better to do? The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-156 A RESOLUTION INSTRUCTING THE CITY ATTORNEY AND THE CITY MANAGER TO TAKE THE NECESSARY STEPS TO DETERMINE THE EXENT TO WHICH FISHING FROM THAT PORTION OF THE VENETIAN CAUSEWAY LYING WITHING THE CORPORATE LIMITS OF THE CITY OF MIAMI IS SUBJECT TO LAWFUL. PROHIBITION, AND TO REPORT THEIR FINDINGS TO THE CITY COMMISSION AT ITS NEXT REGULARLY SCHEDULED MEETING. (.Here follows body of resolution, omitted here and on file in the Office of the City Clerk), Upon being seconded by Mayor Pertej the resolution was passed and adopted by the following Vote: AYES: Commissioner J. L. Pluftneri Jr. Commissioner Armand0 tacasa Mayor Maurice A. Fette NOES! None ABSENT: Commissioner Joe Carollo Vice -Mayor (Rev.) Theodore R. Gibson ADJOURNMENT There being no further business to come before the City Commission, on motion duly made and seconded, the meeting was adjourned at 10:25 P.M, MAURICE A. FERRE Mayor ATTEST: RALPH G. ONGIE City Clerk MATTY HIRAI Assistant City Clerk 167 i r AM I roc0nP 0gATED Q i® 96 G ITEM NO 4 5 6 7 8 9 1 (1 11 12 13 14 15 16 17 18 19 ,.n DOCUMENT IDENTIFICATION COMMISSION ACTION RETRIEVAL CODE NO. r1;`,, 81:11o1;l (1001 11'I'4 1': I '!!:'; I' � �F (' I Il• 'ia'::A�;I:i� !;-'-.1 - f I _' ,`i 1 - I 1 _' ;l'1I1��1;1;:1: 11)�tIti15T[v111��': 11) PREPAR1•: PLANS FOR - tit"RI:1C1: SIRI:E"I' INiP1.(�l'ENi1:N"!'S IN 1111: DU -PANT PLAZA AREA R-81-113 81-1l'i =- APPROVE DESIGN CONCEPT: IXANINT'(1tdN GOVERNMENT CENTER R-81-114 81-11!, APPROVE PHASE I -DOSE MARTI RIVERFRONT PARE: R-81-115 81-115 AUTHORIZE EXECUTION 01" SUPPLEMENTAL PROJECT CONTRACT 2-11OUSING PRO.IEC1'S DADE 8-6 RIVERSIDE AND DADE 8-7 COCONUT GROVE R-81-116 81-116 TRANSFER S12.463 — 3RD YEAR C.D. BLOCK GRANT FUNDS TO 1%YN'1;OOD ELDERLY CENTER, INC. R-81-117 81-1.17 ALLOCATE S10,500 TO COCONUT GROVE. ASSOCIATION I\('. SUPPORT FOR 1981 COCONUT GROVE ART FESTIVAL R-81-118 81-118 P0I.1 CY OF THE. CITY CWLM I SSI ON : AUDIT REPORTS ON M-81-119 81 —119 FEST IVALS, PARADES, EVENTS, ETC. 4111 AN'N:UAL OPEN HOUSE 8 FESTIVAL (CALLS OCHO); CLOSE STRI FTS, ALLOCATE FUNDS, PROVIDE IN —KIND SERVICES S10,000 GRANT FOR PBS TV —PRODUCTION 017 EVEXI' R-81-120 81-120 APPO1NYMEN,TS TO '1•HE "STATUS OF WOMEN" R-81-122 81-122 APPOIN"•'NEWT '10 111:AL'1'H FACILITIES AUTHORITY BOARD iZ-81-123 81-123 APPOINTMENT TO THE CITY OF MIAMI MEMORIAL COMMITTEE I1-81-124 81-124 A11110INTMENTS TO SUBSTANCE ABLIS17 COMMITTEE R-81-125 81 —1 25 ACCEPT COMPLETED WORK: LITTLE HAVANA COM1IUNITY CENTER 111' I L.I> I NG "A" R-81-1.26 81-126 CLAIM SFTI'LEMENT: FELIX WRIGHT R-81-127 81-127 ALL(WATF. $5,000 CITY SUPPORT TO HAITIAN AFRO— DIMI"NSION COMMITTEE R-81-128 81-128 ACCEPT COMPLETED WORK: AMERICAN ROOFING SERVICES,INC. `'0 , 2 `' ' , 00 FOR TACOLCY CENTER REROOFING 1980 11-81-1. 37 81-1 37 AUT11ORIZ.E INCREASE_ OF $4,000 IN CONTRACT BETWEEN CITY OI' MIAMI AND MIRI CONSTRUCTION, INC.-COMPLETION OF MIAMI BUENA VISTA PART: R-81-138 81-138 ACCEPT 1,11). FROM JULES BROTHER INC. $16,490.00 FOR L1,1"1L .' HAVANA COM,MLTNITY CENTER -BUILDING "B" DLMOLITION R-81-139 81-139 AUTHORIZE PUBLICATION OF NOTICE OF PUBLIC HEARING I'OR O1)JI:CTIONS TO ACC17PTANCE 017 COMPLETED WORK 0»5"I RUC•I ION BY ROENCA CORPORATION OF ENGLEWOOD 1-;11:11:1' SEWN. IPIPROV1:Mi:N'I',1:7'C, R-81-140 81-140 ;; NO. DC 2 (, 27 2S ,9 U. 7 . Nul - - � N _ rnD� N0. -- - __ ♦(`TTfl�l ems+-.._�®' CUMENT IDENTIFICATION 1l'I11�)I:l"l.l: Pl'{iI.ICAIIt�N ��►' ;�11TICF. OF Pl'{;LIC HEARING: O1�.11:C'IIONS To ACCEPTANCI: OF C(��iPLI:'1'I:D I�ORR c'.i):`S"lRl'C'{'ION BY P..I. CONSI'RUCTI)RS.I\(', l,(iR NORTH ?`I Sf1:E1:"L HIGllkJAY IMPROVI:`lEN'1' APPOINTMENTS TO BOXING AND WRESTLING BOARD AND CLOSE N.W. 1 C'I". BETWEEN N.W. 1 ST. AND 4 ST. AND N.w. 2 ST Bl"WEEN N.W. 2 AVENUE: AND I'EC. SIA1'IO,I-'1'IaTATIVI: PLAT DOWNTOWN GOVERN`tENT CENTER (;RANT ONI, YEAR EXTENSION OF CONDITIONAL USE: UNI"I'I:D KAl 955 S.W. 2ND AVENUE LL VACA'LF. AND Ni.l-SS I:.I'15TRI)�SOF ALLEY ANT) COSTA i3ILI AEDEV`1`,SUBI 5.1:. 14 LA - "EAST BRICKELL TONER SU' " G1t,�NT ONE YEAR EX'rENSION 01: \'ARLANCE; 1524 N.W'. 14 AVENUE ACCEPT PLAT: SPEAR AND FELDSTEIN CONI'IRMING RESOLL''CION: CHANGE DATES OF MARCH CO't�I1SSION AII:ETINGS TO MARCII 17, 1981. INS'I'RUC'I' CITY ATTORNEY TO DETERMIN1: FISHING }:XTF.NT ON VENETIAN CAUSL•'WAY WITHIN THE CITY LIMITS R-81-141 R-81-142 R-81-147 R-81-148 R-81 -1 50 R-81-151 R-81-152 R-81-1 53 R-81-156 81-147 81-1.48 81-150 81-151 81-152 81-153 I 81-156