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HomeMy WebLinkAboutCC 1980-03-19 Minutesv r IKEX 04'5111hfIAMF MRIDA JTEM NO, (REGULAR) SLBJECT MARCH 19, 1980 ORDINANCE O.R NESOLUTION No, PAGE NO, CITY COMMISSION'S SUPPORT OF REQUEST BY METROPOLITAN M-80-188 1-5 DADE COUNTY IN CONNECTION WITH METHOD FOR ASSESSING/ TAXING LEASEHOLD INTERESTS 2 PLIGHT OF HAITIAN, CUBAN & NICARAGUAN REFUGEES DISCUSSION 6-9 3 DISCUSSION OF SOCIAL SERVICES PREVIOUSLY FUNDED BY R 1, 9 9-13 DADE COUNTY -AUTHORIZE AMENDMENT TO GRANT APPLICATION FOR PROPOSED COMMUNITY DEVELOPMENT PROGRAM DURING 1980-81 4 PROPOSED LEGISLATION TO REQUIRE POSTING OF GAS PRICES DISCUSSION 14 5 SINGLE MFMBER DISTRICTS -TO APPLY TO ELECTION OF COUNTY R-80-191 14-23 COMMISSIONERS AND MEMBERS OF THE SCHOOL BOARD URGING METROPOLITAN DADE COUNTY TO IMPLEMENT 6 APPEAL TO GOVERNOR GRAHAM TO APPOINT A LATIN TO FILL R-80-11921, 23 THE VACANCY ON THE DADE COUNTY SCHOOL BOARD 7 MOTION OF INTENT TO ENGAGE PROFESSIONAL CONSULTING M`-80-19'3 23-26 SERVICES REGARDING SINGLE MEMBER DISTRICTS IF COUNTY DOES NOT IMPLEMENT SUCH PLAN 8 REPORT BY CITY ATTORNEY: PROPOSED MORATORIUM ON M- 8 0 .7-"l 9 41, 26-27 RENTAL HOUSING CONVERSIONS TO CONDOMINIUMS, REQUEST M-801_ 195�% PLANNING ADVISORY BOARD TO STUDY; REQUEST LEGAL. OPINION ON ZONING 9 DEFERRAL OF DISCUSSION REGARDING RETENTION OF A HEMMBE DEFERRAL 29 OF THE PLANNING ADVISORY BOARD PENDING LEGAL OPINION 0) DISCUSSION OF APPRAISERS FOR MANAGEMENT AGREEMENT: M-80-196.;-Al 29 MIAMIARINA AND DINNER KEY - RETAIN SLACK, SLACK & ROE, M_80_196-9 INC, M.I.A. APPRAISERS; RETAIN PEAT, MARWICK & MITCHELL, C.P.A. APPRAISERS 11 AUTHORIZE SEARCH FOR CONSTRUCTION MANAGER FOR THE 31-34 CONVENTION/CONFERENCE CENTER AND DECLARE POLICY TO -RETAIN CONSTRUCTION MANAGERS ON PROJECTS EXCEEDING ONE MILLION DOLLARS 1.2 DISCUSSION ITEM: COMMISSIONER GIBSON REQUESTS Dlscussiw 35-36 REPORT FROM CHIEF OF POLICE ON PROBLEMS IN THE COCONUT GROVE AND LIBERTY CITY AREAS 13 DISCUSSION ITEM: ORANGE BOWL BEER DISPENSING DISCUS , SION 1 36-42 EQUIPMENT INSTALLATION BY DOLPHINS; APPT. COMMISSIONERS PLUMMER AND LACASA TO MEET WITH. 13EER DISPENSING FIRMS 14 APPOINTMENT: FLORIDA NATIONAL BANK OF MIAMI AS DISCUSSION 42-44 SUCCESSOR TRUSTEE PARKING FACILITIES REVENUE BONDS-' 1980. DEFERRED TO LATER - SAME MEETING 15 BRIEF DISCUSSION: "SUMMIT" MEETING ON FUTURE OF DISCUSSION 44 ORANGE BOWL 16 PLAQUES, PRESENTATIONS, CERTIFICATES OF APPRECIATION PRESENTATION 46 AND SPECIAL ITEMS I 17 17STAI3IAS11 RATES FOR AMATEUR AND PROFESSIONAL ATHLETIC ORD. 9078 46 F%'FNTS MIA1111 BAST BAI,l, STADIUM. FIRST AND SECOND READ INC ORDINANCE u11�y1 10 NO# (REGULAR)SLUCT MARCH 19, 1980 RESOLUTION No, F'ALit NU. 18 INCREASE GENERAL FUND FOR: ORD. 9079 47-48 INTERNATIONAL FOLK FESTIVAL CHILDREN THEATER PERFORM A-THON LITTLE HAVA.NA KIWANIS CLUB CHOPIN COMPETITION. ST. PATRICKS DAY PARADE EXTERNAL AUDITING FEES FIRST AND SECOND READLNG ORDINANCE 19 I':4CREASE APPROPARIATION FOR BOARD OF COMLMISSIONERS ORD. 9080 48-51 ACCOUNT FIRST AND SECOND READING ORDINANCE 20 FEES FoR PLUMBING, BUILDING, ELECTRICAL, MECKANICAL ORD, 9081 51-52 INSPECTIONS -PROVIDING FEES SHALL NOT EXCEED F.S. 99 21 REDEFINE RFSPONSII,iLITY OF DEPARTAMENT OF LEISURE FIRST READING 52 - 53 SERVICES vlvlST READING ORDINANCE 22 A -MEND CH. 2 CITY CODE - CHANGE NAME TO "DEPARTNTIENT OF FIRST READING 54 PARKS" 23 CONFIRM PRELIMINARY ASSESSMENT ROLL -FASHION HIGHWAY R-80-198 54 IMPROVEMENT H-4381 24 OBJECTIONS TO COMPLETED CONSTRUCTION ALLAPATTAH R-80-199 55 SANITARY SEWER IMPROVEMENT SR-5433-C 25 CONDOLENCES - DEATH OF DR. BEN-SHEPPARD R-80-200 56 26 CONDOLENCES - DEATH OF EDDIE BUNN R-80=201 57 27 CERTIFY AND CANVASS RESULTS OF SOUTHERN BELL TELEPHONE R780-202 57-59 FRANCHISE ELECTION HELD MARCH 11, 1980 28 REQUEST APPROPRIATE CERTIFICATES OF APPRECIATION FOR M-80-203 59 =MBERS OF THE FIRE DEPARTMENT FOR THEIR HELP CONCERNING: SUCCESSFUL PASSAGE OF THE SOUTHERN BELL TELEPHONE FRANCHISE ELECTION 29 EXECUTE AGREEMENT -ACCEPT STATE GRANT FOR "TRADE FAIR R-80-204 60 OF THE AME•RIC:AS" 30 EXECUTE AGREEMENT -ACCEPT METRO GRANT FOR "TRADE FAIR OF R-80-205 61 THE AMERICAS" 31 DEFER kPl101NTiENT TO ZONING BOARD TO MARCH 31, 1980 M-80-206 61 ALTERNATE TO BE APPOINTED ON THAT DATE G AUTHORIZE AGREEMENT-ARTHUR YOUNG AND COMPANY', C.P.A.'s R-80-207 63 PROFESSIONAL SERVICES 33 AUTHORIZE AGREEMENT -THE EQUITABLE LIFE ASSURANCE R-80-208' 63 SiICIETY ADMINISTRATIVE CL1IM1 HANDLING FOR CITY OF M1IAMII 5L•'LF-INSURED INSURANCE B1:NEFIT PROGRAM 34 Al'Til(WI:J. AGItEi;1FN"i - ALLIED REPRESENTATIVES TO R-80-209, 64-65 tIANA61.h11;NT INC. AND INFORMATICS, 1NC. CONTRACT can an os-needed basis 35 Alt'1'IIC)1t17.F. ADVANCL--$1 ,800,000 FROM F.P.L. FRANCHISE R-80�-210 65 i R1;�'t?dUI',S NFEIDED REPAIRS TO THE ORANGE BOUTL STADIUM CITY COM,\11 SSION TO APPEAR BEFORE COUNTY COI-LMISSION 170 DISCUSS lima ;IR SSOF tUY R �,GR''PAGE: 3 I NANCE 11EM N0, (REGULAR) SLUCT MARCH 19, 1980 R SOLUTIONo, PAGE N0, 36 ACCEPT BID -ORANGE BOWL REPAIRS -JOINT REPLACEMENT- R-80-211 68-69 37 ISSUE WASTE COLLECTION LICENSES: ALONSO BROS., ANGEL; R-80-212 :69-70 FACUNDO, INDUSTRIAL WASTE, LAZARO'S, MILLO RAFAEL & ROBERTO, JAMES SEFFIELD AND UNITED SANITATION SERVICE 38 CLAIN SETTLEMENT: FORREST REYNOLDS R-80-213 70-73 39 CITY HALL -FINANCE OFFICE RENOVATIONS-1980 (THIS MATTER WILL APPEAR ON THE AGENDA FOR 3-'Sl-80) DISCUSSION, 73-76 40 APPOINT FLORIDA NATIONAL BANK OF MIAMI AS SUCCESSOR R-80=214 76 TRUSTEE PARKING FACILITTLS REVENUE BONDS -SERIES 1980 41 CONFIRMING RESOLUTION: APPOINT WILLIAM GONZALEIZ JR. R';-80-215 77 F�* ADVISORY COUNCIL ON ECONOMIC DEVELOPMENT 42 CONFIRMING RESOLUTION: REQUEST METRO TO REVIEW R-80-216. 78 ORDINANCE REGULATING BLOOD PLASMA CENTERS 43 CONSENT AGENDA 79 43.1 DIRECTING CITY CLERK TO PUBLIC A NOTICE OF PUBLIC R-80-217. 79 HEARING FOR OBJECTIONS TO ACCEPTANCE OF COMPLETED CONSTRUCTION OF N.W. 20 STREET AREA SIDEWALK IMPROVEMENT DISTRICT B-4437 43.2 ACCEPT COMPLETED WORK: MARKS BROTHERS COMPANY -MODEL R-80-218 79 CLTIES C.D. STREET IMPROVEMENTS -PHASE V-(2ND BIDDING) BID "B" (DRAINAGE) 43.3 ACCEPT COMPLETED WORK: GOODWIN,-INC.--ALLAPATTAH R 80-219 79 SANITARY SEWER IMPROVEMENT SR-5433-C (CENTERLINE SEWER) 43.4 ACCEPT COMPLETED WORK : GARCIA ALLEN CONSTRUCTION R-80-220. 79 CO., INC.-MODEL CITIES COMMUNITY DEVELOPMENT STREET IMPROVEMENTS -PHASE V-(2ND BIDDING) BID "All(HIGHWAYS) 43.5 ACCEPT COMPLETED WORK: GOLDEN EAGLE ENGINEERING R-80-221 80 CONTRACTORS, INC. BUENA VISTA C.D. PAVING PROJECT PHASE III ( BID "B" - DRAINAGE) 43.6 AUTHOKIZ'ING CITY MANAGER TO SUBMIT A GRANT R-80-222 80 APPLICATION TO THE BUREAU OF HIGHWAY SAFETY FOR FUND- ING OF A MOTORCYCLE RIDER COURSE TO TRAIN CIVILIAN NOVICE RIDERS IN THE SAFE OPERATION OF MOTORCYCLES 43.7 ACCEPT BID: MIRI CONSTRUCTION,INC.-MIAMI BUENA R-80-223 80 VISTA PARK 43.8 ACCEPT13ID: WILLIAMS PAVING CO., INC. JEFFERSON R-80-224. 80 STREET PAVING PROJECT 43.9 ACCEPT BID: POLARIS E-Z-GO TEXTRON, INC. 10 ELECTRIC R-80-225 80 GOLF CARTS 43.10 ACCEPT BID: HUBERT H'. HANSEN ASSOCIATES -PLAYGROUND R-80-226 80 EQUIPMENT INEEX PAGE # aC41PST10511AF, 6RIDA ORDINANCE O� ITEM NO. (REGULAR) &MCT MARCH 19, 1980 f KESOL LTT I 01N NO, PAGE NO, 113.11 ACCEPT BID: KAGAN EQUIPMENT COMPANY SIDEWALK LITTER R-80-227 81 CONTAINERS 43.12 ACCEPT BID: SUPERIOR PAPER HANGING -WALL COVERING R-80-228 81 44 PERSONAL APPEARANCE: H. WILSON REGARDING COUNTY WIDE TA) M-80-229 82 CUT PETITIONS 45 DEFERRAL OF CONSIDERATION OF AGREEMENT WITH CABLE DEFERRAL 83-86 TELEVISION INFORMATION CENTER OF THE URBAN INSTITUTE 46 DIRECT CITY CLERK TO SEND TELEGRAM TO THE PRESIDENT M-80-230, 86 OF THE UNITED STATES EXPRESSING CONCERN OVER THE PLIGHT OF HE -rb%IT!t%N RF'r­UGE'ES /47 URGE MET-R(1`f)LT.ii�N DADE COUNTY TO RESEARCH POSSIBLE 87-88 AVAILAfj T OF VACANT BUILDINGS TO BE USED FOR TEYPORARY HOUSING FOR HAITIAN REFUGEES 48 INTERNATIONAL FOLK FESTIVAL M-80-232 88-90 (A) AUTHORIZE MANAGER TO NEGOTIATE AGREEMENT GUI L.P. M-810-233 GOVAERT (B) POLICY REGARDING MEETINGS HELD BY THE COMMITTEE 49 EXPRESSION OF CONCERN FOR AMBASSADOR TO COLOMBIA 92 DIRECT CITY CLERK TO FORWARD COPIES OF MOTION 50 PERSONAL APPEARANCE: EMILIO LOPEZ, REDISTRIBUTION -PRESENTATION,' 93-94 OF C.D. FU"NDS-1%rfN`WOOD 51 GRAN'T PERMISSION TO OFF-STREET PARKING AUTHORITY 95-100 TO SOLICIT NEGOTIATED SALE OF 8.725 MILLION PARKING FACILITIES BONDS-1980 52 BRIEF DISCUSSION: REVIEW OF DOCUMENTS DISCUSSION:,. 100-105 Amendment to lease agreement Convention Center Air Rights Lease - World Trade Center Turnkey Contract 53 AUTHORIZE CITY MANAGER TO INFORM CITIZENS OF IMPORTANCE OF ANSLIERING THE FEDERAL CENSUS R, 8110-1236 105 54 REPORT BY VICE MAYOR LACASA ON "ORANGE BOWL SUMMIT" DISCUSSION 106-110 MEETTN(; CONDUCTED BY CHAMBER OF COMMERCE 55 DENY APPROVAL TO RETAIN CONSULTING FIRM FOR ::M-80_237_ 111-115 CABLE T.V. ORDINANCE AND FRANCHISE ipY.yii�HRStiiJ,S�,- 4 C1 Y CO'•L'•:ISSIOiv' S SUPPORT OF REQUEST BY METROPOLITAN DADE 1' COUNTY IN CON14ECTION WITH METHOD FOR ASSESSING/TAXING LEASEHOLD INTERESTS Mayor Ferre: Commissioner Redford is with us this morning. Commissioner, we apologize for making you wait fifteen minutes but you are recognized at this time. Commissioner Redford: Thank you. I apologize for particularly,comina ir_ with such subject matter after such a long night that you've had. But I'm afraid it's a rather pressing matter on two counts. One; is an appointment that we 'have, and ;we hope that you will join us, before the Cabinet on April 1st: And secondly,,it is.the'legislation which<we hope to bring before the Leg islature'this time. It part of our package and has been approved. I believe you have a copy of that memo•as it was passed by the Commission several meetings ago. However, this April lst date I want to bring -up firstsince obviously it;comes,up first.: Several years ago, the Cabinet 'inadvertently, for whatever reason we won't bother to ,go into, voided a good many of the regulations of the Department of Revenue. And amongthe,things it voided was the system underwhich we appraise leasehold properties on public land We had been....no, I'm ist 01 MAP 1 g 1980 Commissioner Redford (continued): concerned about this :because a"good deal; of the stuff on public land was exempt by taxation.; It was'not assessed.This year and"prior to this year on several counts; in several Supreme.Court decisions, or I should say last year, we were given anew rule." And that is to say essentially anything that's profit'.,yields"a profit on public land is therefore taxable. Now there is some question' about this and I have Mr. Schultz here today who is the outside counsel for the Property Appraisers Adjustment Board,,of which.I am chairman, who can give you, if Wu have any questions, he can give you a better feeling for it. However, the Department of Revenue despite the,fact that it's somewhat ... the Supreme Court case is somewhat nebulous is, taking the position now that anything that yields "a profit on public land'is thereby taxable. A leasehold is taxable. This includes airlines, everybody. And they have sued us, .the County, and we have also been sued by Mr. Gerstein and Mr. Paul on the same matter. And there." is a'good chance that it's always a ... we don't know how the case will turn out, it's a tough case. But, before the Cabinet nnw; they are proposing that we use a system known as the Possessory Interest System of Appraisal. I'll give it to you just as simply as we can. Lets assume that you have some kind of a facility on your property and you are going to charge the tenant ten thousand dollars a year, and you have a five year lease. under the possessory system, they will capitalize that lease at fifty thousand dollars less a factor. We won't even coo into that because the factor is pretty much the sane everywhere. They will capitalize that at fifty thousand dollars and they will say the rent you pay is what it's worth. And it's not on the yearly, basis but the entire life of the lease. Now, I will give you.a copy of a letter, and this is just by illustration what this will do in Dade County to Eastern. I have a letter from Eastern Airlines to me. It says Eastern's Tax Department calculates that the taxes that would be due Dade County after the State's method of taxing.leasehold interests, would be approximately one million and one half. That same project if it were located in Atlanta, Georgia would be taxed at one hundred and five thousand dollars. In Georgia they use what we used to,call the "Leasehold" or "Bonus" system. Going back to the man who pays his ten thousand dollars a year for five years, if that was fair market rent for the area he would be appraised at zero. 'He would only be appraised for taxation purposes if he were getting his rent at less than market value. In other words, if the rent was worth ten thousand dollars a year and he was getting it for eight,; he,;would�be;'paying taxes on'thel— two since this would be his bonus- In,other, ,words,.that, was the ;barge in he was getting by being on public,lands",The impact is,teriffic,?,i,f,you . stop and think ... and I mean the City"of Miami is d secon"only..to the -County and possibly even Hialeah, you canimagine what.the problem i_s".going to be. Because it's not only the actual rent you pay but the possibility;. is that any percentile you may be collecting or revenues, for example;. I`think you have that kind of agreement, I'm not sure,".'with?ahe,..Rusty Pelican. You get a certain percentage of his gross. That's rent and this - can be capitalized. And they will have to pay the leasehold taxes.. The problem with a leasehold as you can understand, high leasehold taxes can mean that you may have to adjust the rents. If you adjust the rents" downward, you say, well I have it covered with the taxes.. You'don',t. Because part of your taxes go to the School Board and part of your taxes go to us. We're in the same position. We don't pay any taxes to you but we have to pay some to the School Board so this is'a decline of... potential decline in revenue to the City of Miami. We,ask.on this one count, and I'll go into the next one in a minute, that you.join us in asking for the State to use the Leasehold System of,Appraisal, which incidently is the system and the only system used by the MAI which is the senior college of all appraisers. Which we all `... all of us if, we can and if we can find them. The second point I, would ,like to have, if vou.would, we wanted to get some kind of 'equity between the County and the cities on the taxation. This is in the memo thats-up before.:,. because we're the top possible taxation and 'appraisal of the Airlines, we have this rather strange system. And this could happen even at Dinner Key. It's arguable. It would probably have to be' 02 ist: Commissioner Redford (continued): ironed out in court, but if we can go into the proper system we won't have to argue the point, and that. is this: The State and County lands are immune from taxation. City ' lands are exempt. This can mean this. You could conceivably be _ taxed on your.real estate while we could not. Given two towns each with an airport...given two airports I should say, one run by a County - and one run by a City. Each would have to pay leashold taxes. But the City could conceivably have to pay real estate taxes on exactly the same installation. This will require, according to Mr. Schultz and others we've talked to, a constitution revision and possibly a referendum for that case. But we feel that particularly in your case and in Hialeah's possibly, and others, we may be in the position if the Department of Revenue forces us to do this, to come in and appraise a property under the leaseholds, on what we call a remainder interest` or effectively, real estate taxes. We have never done that. But, the way the Department of Revenue has been working, ie, on the philosophy` of producing the most possible revenue, I.. we think... this is a possibility. One thing let me add to this leasehold thing, the irony. And it's happening in Jacksonville already. You charge somebjay some rent, they capitalize the rent and they tax it. The leaF;e comes to an end. You increase their rent this increases their capitalization. And that will all of a sudden increase their value. So by the mere act of increasing somebody's rent you increase the value of the property which gives a certain kind of iron,. If there is any questions I'll...particularly the complex ones I'll refer them to Mr. Schultz. We would like to have your backing in this matter and we would like to have you, if you can to join us in Tallahassee on April 1st., Mayor Ferre: Commissioner Redford, has this been passed by the County Commission? Commissioner Redford: Yes,sir. The support has beenpassed by the County Commission. Mayor Ferre Wa's'that a unanimous vote? Commissioner Redford: ' Yes, sir. Mayor Ferrer And whose going to represent the County at the Cabinet? Commissioner Redford: I'll be up thereto make 'the,initial presentation. - Mr. Schultz will be ... °again to answer the more complex questions which, he is ... Mr. 'Schultz was the one who tried two of the major': suits on the taxes. Namely the Merrill Stevens case, the Pan American Case., And`he is a CPA and an attorney; a specialist in taxation.. And he is representing the Property Appraisers Adjustment Board and he will be,, there also. And`,I think possibly Bill.Hampton will be there and possibly Mr. Steirheim. Mayor Ferre: Mr. Grassie, from the administration, have you had time to Tookat this and come to a conclusion? Mr. Grassie: We have .not had a chance to review it in detail, 'Mayor, because we just got it from Mr. Redford this morning.. But I have 'discussed it' with him and my preliminary conclusion is that the City.should,support the County's position on this.. On both counts.; That it is in burn best interest. Mayes Pe rre: Questions from the -Commission? .Mr. Lacara: Doyouhave a`copy with you of the resolution passed by: the County? Commissioner Redford Yes, sir. Mr. Merrill I'belive circulated it in your kits at one time. He had some copies of it.there. They have the memo that was passed and the resolution that was drawn from`the memo. I don't know if you have enough copies.:: :,t Vn3 MAR '' n ist Mr. Lacasa: Commissioner Redford, in this memorandum, February 5, 1980, we have three items that actually you requested the members of the County Commission to include the 1980 Legislative package the following items, and then you list three items. Those three items are the ones that are to be included in the resolution? Am I correct? Commissioner Redfor_.: Yes, sir. This is part of our legislative package.'`' Mr. Lacasa: So actually what you are asking is that the 'City Commission do likewise. Commissioner Redford: That would be helpful, sir. But this thing that,` has come up about. the Cabinet appearance just came up yesterday. We are in this position. But your date just came up yesterday so thisis the reason I have no documents in front of you but I attempted to... ;. Mr. Lacasa: Mr. Grassie, then would it be appropriate for us to phrase that resolution requesting the City Commission to include in'the';- 1980 legislative package the following items and then go on? Okay. So I move that the City Commission include in the 1980 legislative package the following items. Number one, legislative and constitutional amendments exempting from ad valorem taxation leasehold and possessory interests in governmentally owned property for public ground, water and transportation systems including ground handling services, commercial airline services, in -transit caterers, and fueling maintenance and support service; number two, amendments to the Florida Constitution exempting from ad valorem taxation any revisionary or remainder interests of municipalities in property which has been leased' by a municipality to a non -governmental leasee; number three, legislation exempting cargo containers used in interstate and international shipping from personal property ad valorem taxes. I'm also requesting the City Commissioners' support either legislation proposal or administrative regulations that will secure adoption of the leashold interest bonus rent theory for valuing leashold or possessory interests in governmental property. Is that correct? Mayor Ferre: All right. There is a motion... Mr. Plummer: Second. Mayor Ferro: And a second. Under discussion, Mr. Grassie. How will thrit affect. the leasehold that we have on the Convention Conference.Center and the World Trade Center and all these other leaseholds that we have? Mr. Grassie: Well, the second of the three propositions that was included in the motion would greatly strengthen the City's position if it were adopted. That is the most difficult to get adopted because it probably would require a constitutional amendment. But if it were adopted, it would in fact, make City property immune from taxes which means that it could not be considered for any taxes and it would help our position. �4 MAR 19 wo 0 C r L PLIGHT OF HAITIAN,- CUBAN & NICARAGUAN REFUGEES. Mayor Ferre: We're now on Item "B", Commissioner Lacasa, the Chair recognizes you. Mr. Lacasa: Mr. Mayor and members of the Commission, as you might be aware, during the past month the City of Miami specifically has been facing the prob- lem of the Haitian refugees. About 10,000 Haitian refugees have come to -our: - City and are living under very degrading circumstances both from the economic' and the; social standpoint of view. They live in sort of a limbo because .the Immigration and Naturalization Services has not given them any kind of immigr'a- tion'status. This has also resulted in the fact that they have no opportunity. to work and, threfore, become self-supporting individuals. On top of that they. are not eligible for most of the social services that either the County or the State provides and, in fact, not only have they been deprived of fundamental human rights but also of the ability to become self-sustaining. One of the problems, if not the major problem, is precisely the question of their immigra- tion status. Even though there have been attempts to compare this situation from the political standpoint of view with the Cuban refugees which I don't think is exactly the same we do face a reality and that reality is that these people need some k:i::d of immigration status that will allow them to join our society on an equal basis and have the same kind of opportunities that other people that have chosen to come from other countries to these shores has had. Therefore, what I would like to do is to move that this City Commission request from the U. S. Immigration and Naturalization Services of the Department of Justice that the Haitian refugees be given some kind of permanent immigration status that will allow ,them to join our society on an equal basis and have the same kind of opportunities that other refugees from other countries have had in this country. The following motion,was introduced,by Commissioner Lacasa who.'moved its adoption: MOTION NO.'80=189 A MOTION URGING.THE UNITED STATES DEPARTMENT OF IMMI-' GRATION AND''NATURALIZATION'SERVICE, AND THE U'.5. DEPART- MENT OF JUSTICE.TO GRANT HAITIAN REFUGEES,A'STATUS.THAT, '. WILL PERMIT THEM TO BE ASSIMILATED INTO THE AMERICAN SOCIETY IN ORDER THAT THEY 'MAY OBTAIN'GAINFUL EMPLOYMENT." Upon being seconded by .Commissioner Gibson; the'motion was passed'and' adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner (Rev.),;.Theodore Gibson Vice -Mayor Armando Lacasa Mayor Maurice'A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo. Mayor Ferre: While we're on the subject of refugees, let me share with the Commission something which is similar in, nature, and _I don't know exactly what if anything we can do about it. Mr. Grassie, we were recently in San Jose, Costa Rican for the purposes of the Sister City Program and the Trade Fair., of the Americas. One of the things that I did yesterday when I visited' the President, the Secretary of the President of Government which is I guess . his title, told me in San Jose yesterday that on Friday 120 Cubans will be in a very very difficult situation. The situation basically is that Costa Rica agreed to through the Huber Matos situation to bring out of Cuba 130 prisoners that were in Cuba and were on their way to the United States) they, had entry permits into the U.S., they went,from Cuba to Costa Rica on.a Costa Rican Airline flight that went to get them and then they came to the United States. During that same period there were, approximately about 500 Cubans that also came in without any visible means of support, without any family, in other words they had not set up their system yet. As of now, they have changed the laws of Costa Rica and they now permit Cubans to come in as refugees provided, however, that somebody guarantees their support 06 MAR 9 10 . g0 and, therefore, they won't become a charge of the state. In the meantime, there's a hiatus because there was some 500 people that came in that were neither political refugees with entry permits to the United States nor are they part of this new system which is similar to our's that somebody has to claim them and the whole ball of wax. Now, of those 500 about 350 of them have left the country and have come into the United States probably illegally. And what they're doing is they're going to the Bahamas. They go to Bimini and there they get on boats and they come into Florida illegal ly. Now, there is as you know, it is a very dangerous thing. Some of these people cannot afford the $500 that it takes them to get to Nassau and whatever it takes for somebody to bring them illegally from Bimini to Miami. There is 120 of them left in Costa Rica. The government of Costa Rica has been paying for their room and board and as of Friday it's all over because Costa Rica as you all may know is like many of the Latin countries is really up against the wall with a tremendous deficit. As of Friday 120 people, 120 Cuban refugees will be out on the street. Now, I am going to recommend to my colleague Armando Lacasa, and I think he has already taken the initiative and I want to ask everybody to help, is to go out and see if we can raise those funds in the Cuban community. In the meantime we've got a very serious matter with these people between now and Friday. Now I don't know, I don't think the City of Miami can get involved in solving the financial difficulty of the Government of Costa Rica obvious- ly but I would like very much during the course of this cu, for you to think about this because we've got until Friday to help '.hese people otherwise they're in very serious trouble and 1 think it .s something that falls upon you and Joe Carollo and myself and especially you and Joe Carollo, but all of this Commission to try to no something. Mr. Lacasa: Well; Mr. Mayor, before coming here while still in San Jose I did go to some of the pensions where these people are staying. I met with them and they told me about their plight and the fact that the American Consulate does not guarantee them at this particular point any possibility that they could come in the shortcoming future to the United States. On the other hand, the Costa Rican government so far has not allowed them to re- ceive the permit to work. Mayor Ferre: That's been changed, that was changed yesterday. One of the things I think we accomplished yesterday was that we were, able to get,the President to accept that he would give them work permits. The problem is that out of 120 there are only about 35 or 40 that can work, the rest of,. them are either children, minor children and senior citizens. Mr. Lacasa: Well, I think what is incumbent upon us at this point is to take the initiative within our own community to try to raise, it has been,- done in other situations before, funds to help these people and to send them whatever clothing items or even food we can send. This was done in the case of Nicaragua and in the case of Guatemala when they had -other type of situations, so we might as well try to do it for the Cubans. As you said before, I don't see the City of Miami itself getting involved in this as a municipal government but we certainly can take the initiative in trying to raise whatever funds could be raised in our community to help the refugees. Mayor Ferre: All right, well if you have any ideas on this, any of you on this Commission, I'd be very grateful because today is"Wednesday and this comes to a head on Friday. We have with us Mr. Steve Forrester who is an attorney for the Haitian Refugee Center and he wants to make a brief remark into the record. Mr. Forrester. Mr. Steve Forrester: First of all, thank you very much for the opportun- ity to address you and your resolution and Vice -Mayor for bringing this up. Briefly, I wish to bring to your attention that the next 60 days are going to be very crucial fur us. The new refugee bill has passed in Congress, it Yuis one.; thinc1 that is very good f >r us and one that isn't. What's good is that it t,�kes the United Nations :iefinition of what a refugee is, some- body who has a well-founded fear of ;persecution upon deportation. This is something that in front of three or four different bodies now has been shown very conclusively regarding the Haitians. What's bad is that the specific goal we're seeking is for the Attorney General to exercise what is called his parole authority. This is the same authority under which since 72 250,000 Indo-Chinese have been allowed in. The new refugee bill eliminates the ability of the Attorney General to exercise that group parole authority. The bill I think was supposed to be signed on Monday, I think " it was I'm not sure. At any rate it becomes effective 60 days afterwards which means that 60 days after the date of its signing the ability to grant -07 MAR 19 ;98� rt 4 C. political asylum by the Attorney General, it's going to be eliminated, We, thank you for your efforts, your advocacy in the next 30 to 60 days is go- ing to. be. ivery ,very important and thank you once, again. ' this Mayor Fdrre:' Thank you very much. Is bill out-of.Committee at , point? Mr. Forrester: My latest.information was that,.lt,,,was put' on the Presiae,ht's', desk for signature on Monday. Mayor Ferre: And your reconunendation, is that the President sign one, butnot the other r bill? Mr. Forrester: I'm not an expert on the subject, I think the Bill as..si,gned:, includes an amendment in addition to it's reimbursement provisions in.a'ddi- tion to it's definition of a refugee which we consider good. It defines, refugee as anyone from a communist country or not from a communist country who has a fear of persecution so that Dart of it is good but it also includes an amendment called the Butler Amendment as part of it which would eliminate the ability of the Attorney General to grant asylum to exercise what is called his parole authority, to recognize a group of persons as refugees .which is what they have been seeking all along, that very specific goal so a that, I mean to say that it's a good bill or not a good bill is I think neither here nor there I think but crucial is that the next 60 days for us,.-:'11 Mayor Ferre: Well what's your point? You lost me. Mr. Forrester: The point is the Bill is now law if it has been signed days after signature it becomes .... - Mayor Ferre:` In other.wor,dsyou're .herL-,pure.1yfor information purposes you're not asking'.usto:do,anything, you're not, here. 1%1r Forrester: If I'm not mistaken youlve, already passed a_ resolution, m expressing my, thanks for that re soluti Mayor Ferre: No, I think what I'm trying,to get to,ds.isthereanything you want us to do with regards to the,bill, me'an,16o,you want us: �to, se telegram to the President encouraging the passage pass I ag , e.of., I it? ,I:don1tthi-nk,'the, President can strike portions of the bill, hedoesn't have that aut ori Mr. Forrester: No, we're not saying that , any portion, of the Bill sho'uld��be struck or that that should be I advocated, what, we're is this:, - The,., President has the authority to direct the Attorney General to grant,,, asylum Sixty days from today he will no longer have that authority, .it, will,,:,havel, to:: - go to Congress and it becomes a much different thing. Specific..�'action .could :::i be to send a telegram or advocate very . strongly to the President,that _.he.in,,,�:,,�., the remaining 60 days exercise that authority while it still exists to,-g - rant asylum. Mayor Ferre: I see. Mr. Lacasa: Excuse me, Mr. Mayor, we have passed a resolution urging the Justice Department to give the Haitian refugees some kind of immigration status. That will solve the problem that he is pr esenting to us. So act ually I feel that what we could do is not only limit ourselves to put on notice the U.S. Department of Justice about that resolution but also to send a copy or the original or whatever to the Whitehouse because the action has already been taken by the City Commission and we have already expressed our feelings in regard to this issue. Mayor Ferre: I think that what we did was wonderful and I really commend you and I've read this statement, it is a very well thought out statement, Armando, I really commend you for taking the time and the interest to do it. Resolutions as you and I both know come in by the barrel full into the different agencies of government from local and state legislators and they just get dumped in the wastepaper basket like just excess paper. Now what I'm trying to see, if we can perhaps do here, is if you would draft a text Of ZA telegram, and if you do it before the end of the day maybe we can pass it before the full Commission otherwise you can deal with Armando individually or with anybody individually and I'd be happy to send it as the Mayor, asking the President to exercise in the next 60 days his dis'- cretionary - that not only affects, I'm going to tell you what I'm going to do with it so you understand - that not only affects the Haitians it also affects about 15,000 Nicaraguans that are in this Country at this time. rt 08 MAR 19 1980 And unless the President declares them under the powers that he has or the Attorney General has and waves the parole requirements those people are going to be in real serious trouble come June 1st or whenever it is that... See, they've got a problem until June 1st and the reason why your statement really lit a match as far as I'm concerned is that I now recog- nize what's happened. What they did was they have all these Nicaraguans here but by the thousands. Most of them, by the way, are in San Francisco for some strange reason, they're not in Miami, but we've got 3 or 4 or maybe 5,000 in Miami. they were then given additional time, they were given from the end of December until June 1st. Now if the President signs that bill in the next few days and it becomes effective in 60 days, when June 1st comes around the President is not going to have the authority to. to grant those people a waiver on parole. Therefore, he's going to say, "Well, you know, you've got to go" and so we're going to have a very ser- ious problem not only with Haitians we're also going to have it with the Nicaraguans as it affects this community. And all I'm saying is if you would please draft that and look into it to make.sure that what you're. saying is absolutely accurate I'd be very happy if you'd come back by,the end of the day, bring it before the.Commission and then we could act as.a Commission. Mr. Forrester: Okay. I'd be glad to just to sum it up and I'll draft a resolution or telegram rather which calls for asylum for im to act stress- ing the 60 day limit. Can I mention that in the lest 2: weeks the Miami community certainly has united behind this with .separate press conference by hlack,Hispanic and religious leaaers? May I mention that? Mayor Fcr.re: Yes, sir, certainly may. Thank you, Mr. Forrester. 3. DISCUSSION OF SOCIAL SERVICES PREVIOUSLY FUNDED BY DADE COUNTY - AUTHORIZE AMENDMENT TO GRANT APPLICATION FOR PROPOSED COMMUNITY DEVELOPMENT PROGRAM DURING 1980-81. We're now on Item "C" which is recommendations regarding social service projects previously funded by Dade County and presented for consideration by the City. Mr. Grassie: I'm going to ask Dena Spillman, Mr. Mayor and members of the City Commission, to briefly state what's happened in the meetings so far.. Ms'. Dena Spillman: Mr. Mayor and Commissioners; as ,you recall,. during our public hearings on the 6th Year Community Development Program the issue arose regarding social services that the County,, had previously been.funding in the City but which the .County is recommending that those programss be eliminated from their CD Program over the `next two year period. Wfiat they were recommending is that they would fund these projects at a 500 level next year and that they would not fund them at all d6ring-the.7th Year.of Community Development. In response to this a,joint.`City-County, committee meeting, was held with Commissioners Bill Oliver and Barbara Carey, from the ' County in attendance and ,Mayor Ferre'and Commissioner Carollo-in attendance. What was agreed upon at thatmeeting is the following, and this is.presented for�vour consideration and action today. It was agreed by the participants in the meeting that the City would fund at.a $15,000`level Little.Havana.' Outreach Office. This particular operation is ,part of our Little -Havana Neic;hborhood Center and it was felt that this is something that should con- tinue. Now I might add that this operation is asking for',additional funds over anti above the. 15,000 that was agreed ,upon. We have not looked'at that praiu-.s..,! and are not prepared to make a recommendation on additional funds foi' them at this time. We are recommending the 15,000. Action Transporta- tior., the County had only been funding them at -a level of $10,000, it was agreed at the meeting that we would pickup 50% or $5,000 for next year. On thr. Coconut Grove Florida International University Crime Prevention Pro- gram we agreed to examine the program, look at it and see if it duplicated any other programs that were currently going on in. Coconut Grove in this, area. We have done so and you have an evaluation of the program in front:". of you. we feel. that it is a good program, it is worthy of funding. There is one question, however, and that is this program has not received any kind of cost of living increase in the past two years. We have spoken with their staff: and they tell us that they cannot operate at the same level at, the level of funding that the County is recommending and what I'm proposing to you is that we either go on this program with a 50-50 match with the 49 MAR 19 198 ,�t 0 4 U County the way it stands which would be $34,000 each or if the County is agreeable to raise their portion by 5% we would raise our's by 5% as well but only if the County does it as well, that's something that you'll have to give us guidance on today. The next project that was discussed was the Holy Cross Day Care Center in Wynwood and this is one that you need to tell us what to do about. We have evaluated the program, it is a good day care program, it's a pre-school program, it serves 60 children, the cost per client is very competitive with other day care programs in the City. It is really a policy question as to whether you want to fund additional day care programs at this time. That program is in the same situation as the Crime Prevention Program in that they cannot operate at the current level without additional funds. Again, we're recommending additional funds only if the County comes up with their share of the additional funds for this particular program. The rest of the projects were determined by the members of the meeting to be not appropriate for the City to fund at this time. The County will consider those for funding. Mayor Ferre: All right, Joe Carollo and I sat through and hour or an hour and a half of discussion with Bill Oliver and Commissioner Barbara Carey and there were maybe a dozen, fifteen things that they wanted and we ended up with these three. Joe, I think I think for both of us in saying that we basically as our committee concurred with these three items and :ejected the others. The County was not overly thrilled but I tli.%.-, that they under- stood and they accepted and I would commend to yo,.. that this is a reason- able compromise. Mr. Plummer: Mr. Mayor, the immediate question has to be where are these additional funds coming rrom. Ms. Spillman: These funds would come from the target area's allocation for , next year. Each community would have to decide from which project, exist ing project they would want the funds to come from. Mr. Plummer: In other words these matters then would be 'sent to the com- mittees and they they themselves would set the priorities, is :that correct? Ms. Spillman: Yes, they would determine where the funds would come from. Mayor Ferre: Let me say that the reason why these three were chosen is because they had a tremendous amount of community support at Little Havana,, Coconut Grove and Wynwood and I think these are the three real strong com- munity based well -run well -operated successful programs that I think the committees will be satisfied and, of course, the pie is only so big so it's a question of redistributing whatever funds they have. Mr. Fosmoen: Just to clarify the point, Mr. Mayor, we would propose to take these out to the neighborhood citizen based organizations. They would make recommendations which we would then bring back to you so you would see this again for final action. Mayor Ferre: If you'll look at Item 30, now that we're on it, it says a resolution authorizing the City Manager to amend the grant application to the U.S. Department of Housing and Urban Development (HUD), the proposed Community Development programs during 1080-61 in accordance with the attached project allocation. Okay, is there a motion? Mr. Plummer: Well, Mr. Mayor, I would hope that this motion as presented here would be subject to the approval of the target area committees. Ms. Spillman: Let me clarify that. Each of the target areas that are in volved in this have already said to us that they want these projects funded. There is no question as to the fact that they want them funded. The ques- tion is where the funds come from. I don't think that, you know they've all agreed they know it's got to come out of their allocation, the only question that's left is what project. So I think ---- Mr. Plummer: As long s the committee which is set up for public hearings on their own meet and act on it if what is expressed by you here this morn- ing there should be no problem. But it is subject to their understanding that this has to come from that money which is presently delegated to them. Now, the only fear that I have is a fear that the administration will come down on these people as a mandate that they must accept these programs and delete from somewhere else. I want to know from the committee.... Mayer Ferre: No, it's not the administration, it's the Commission. -t 10 MAR 9 1980 0 0 Mr. Plummer: Well, Mr. Mayor, you're speaking for the Mayor and I'll speak for J. L. I happen to believe and strongly believe that the Committees should have the right of doing what they want and not be put under pressure to accept any mandates. Now the committees, as long as what you say, Mr, Mayor and Dena, that they're fully in accord with this I see no problem, I see no problem in any way shape or form. Mayor Ferre: J. L., I don't want to get into a debate with you so early in the morning because I'm sure we'll have plenty of opportunities during the rest of the day but the way this system works as defined by the federal statutes and the way we've done it is we select committees, we set up a sys- tem where they go out and they get elected and what have you. These com- mittees deliberate, they come up here and they recommend and half of the time we completely disregard or disagree with their recommendations. I would say which in some cases cause very major serious problems. We voted as you recall last time in a way that about 3 or 4 committee presidents were very upset about, they didn't agree with the way we were voting. Now the reason is that this Commission, the elected body of the City of Miami have the final say as to how we spend those monies so they in effect are really advisory boards. Now, what I'm saying is this: The County has projects that are worth umpteen hundreds of thousands of dollars a year. This Commission instructed for a committee, you were on the commit*.ee and didn't want to serve or didn't have the time or unable or whatever reason. I then substituted myself and Carollo and I sat though two hours or an hour and a half of discussion on this and we came down from about 15 items, we came down to these 3. Now these are the three that in my opinion the communities support #1 and #2 I think has the concurrence of the respect- ive impacted committees :xcept for Little Havana because as you recall we disbanded them. And #3 that we think that are affordable and #4 that staff says are well -run operations. Now, this is a report from us to you and as far as I'm concerned you know you can agree, disagree, do whatever you want but let's understand where we're at. Mr. Plummer: Mr. Mayor, I have no problem with that. The only thing I have a problem is to go forth to a committee and ask them to recommend back to this Commission when the cards have already been dealt. Now either you believe in the committee action or you don't and if the only thing we're doing is subjecting these committees to having hearings and then the Com- mission does what it wants because the federal guidelines say you have to have hearings well you know let's just disregard. Mayor Ferre: I might remind you that I've been here for 10 years or.more' and that's exactly what we've done every single year including',this year.,," in which you voted for it.' Mr. Plummer: Voted for what, sir? Mayor Ferre: For the recommendation' as amended that staff came up with, we amended, we did and I want to remind.you that in at leastfour:target'areas the chairmen and the people of those, target areas were strongly.,opposed to, what we were doing. Now the point is that I think that we are the ,last voice. I might remind you that in one of these three areas.there,.is,no board.` The Little Havana Board has been dissolved. Now how.do,you propose for the Little Havana dissolved board to come back and rubber stamp or;approye Ior disapprove what we're doing here? And what I'm saying is`I think you commis-' sioned this group to go do it, r,IIm sorry you didn't serve on it, %I wanted you to have served on it, and come back with a recommendation,'you've instructed us, we've come back, this is the recommendation that we concurred with, now you know. Mr. Plummer: Mr. Mayor, the record will reflect that I did not vote in favor- ably on that motion as presented as amended by staff for the total appropria- tion package. I voted in the negative. I am merely, once again, Mr. Mayor', I concur with the recommendations of the committee of you and Mr. Carollo,,I concur. I think they're good programs that should continue but I am very fearful. that if we are going to have a system in which we invite and ask for participation that we should do such. That's the only thing I have a problem with. Mayor Ferre: A11 right, look, there's three projects. Let's take them one at a time. Mr.. Plummer: I'm in favor of all three. Mayor Ferre: No, to your point about the committees. You night remember that 11 MAR 19 198o Lopez packed this room with about 100 people from Wynwood to support this program, the Wynwood Child Development, and he said if you have to cut any thing else out you cut everything out but we don't want to give up our Child Development Program. Mr. Plummer: Fine, so what's the problem? Mayor Ferre: There is no problem. Mr. Plummer: Fine. Mayor Ferre: All right, so that's the point. Then #2, Coconut Grove Crime Prevention Program at 34,000, Mr. Carollo knows that that is a very import- ant program for the people of Coconut Grove. You heard them come here on that microphone and say, "If you cut everything else don't cut this program out because it is a very successful FIU what have you." You know that, Father. Mr. Plummer: I agree. Mayor Ferre: They came back - I know nothing about it because I don't even know what the program is all about. Now the last one is the Little Havana Outreach Office at 15,000 and that is something that I c4.,'L tell you whether that committee would, because that committee is ag-inst everything and that is why we disbanded them so there is no committee at this point. Mr. Plummer: Mr. Mayor, noth..nq that you have said do I have disagreement with. The only disagree^:�_iit that I have is that it should be sent to the committee to comp back to this Commission with their recommendation, that's all. If nothing more you're making them understand that this additional funding is going to have to come from their allocation. Mayor Ferre: I've got no problem with that except that I think that's basically been done. Ms. Spillman: We've discussed it with all the areas,.they know that it has to come from their allocations. Rev. Gibson: Mr. Mayor, what I think I hear Commissioner Plummer saying is that if you have $600,000 allocated to the Coconut Grove area you say to them that they'd better understand this, that they will not be getting $600,000 plus. Mr. Plummer: That's the fear. Rev. Gibson: That's what he's saying. You say to them There's $600,000 in the kitty, you have a choice. If you want to cut out some of these others so that you could get this $34,000 project in there, if that's what you want - to do you know you have the Commission's support and authority; but make sure you understand because t'aint no more eggs being hatched. Mr. Plummer: That's right. Rev. Gibson: That's what he's saying. Mayor Ferre: In the interest of time would somebody move this' resolution, with that amendment that Plummer put in? Mr. Plummer: I'll move it Mayor Ferre: A Resolution authorizing the City Manager to amend the grant application to the U.S. Department of Housing and Urban Development for the proposed Community development Program during 80-81 in accordance with the attached project allocation, and make sure that the text of that reso- lution incorporates Mr. Plummer's comments about the committees. Okay? Mr. Plummer: Fine, I move it. Ms. Spillman: One question. Can we do it so that if all the communities approve we don't have to come back again? Mr. Plummer: It's fine with me. Mayor Ferre: Yes. 12 rt MAR 19 198P >edi' urL 9 0 The following resolution was introduced by Commissioner Plummer, who moved its `adoption: RESOLUTION NO. 80-190' A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND THE GRANT APPLICATION To THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR THE PROPOSED COMMUNITY DEVELOPMENT PROGRAM DURING 1980-81, IN ACCORDANCE WITH - ATTACHED PROJECT ALLOCATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. Mayor Ferrer All right, now this is not a public hearing but I am going to recognize Mrs. Mercedes Campano of the Catholic Service Bureau for the Little Havana Office and I want to oxplain to you, Mrs. Campano this is not a public ;tearing so I'm doing this out of a courtesy. Mrs. Merced s Campano: Thank you very much, I appreciate your courtesy, Mayor. I am, as you said, Mercedes Campano from the Catholic Service Bureau and we are one of the programs that has been allocated now $15,000 to continue the program and we have requested $28,000 because we have never had any cost of living increase and we just cannot function with the $15,000 that has been allocated to us. Arid in view of that I want to request that insteadof $15,000 the initial request and the request that we have always made to the City Commission and to Dena Spillman has been $28,000, we just cannot function with $15,000• Mayor Ferre: Dena, do you want .to answer that? Ms. Spillman: At the next Commission Meeting we'll have 13 MaR 1 9 19�p V 4. PROPOSED LEGISLATION TO REQUIRE POSTING OF GAS PRICES. Mayor Ferre: The next item to come before us a discussion by the City Attor- ney of proposed legislation regarding the posting of gasoline prices in the City of Miami an ordinance created by Metro Dade County. If you would look at Motion 80-172, do we have that in our hands? Mr. Knox: You don't have a copy of the motion, it was simply instructing the City Attorney to explore the likelihood or feasibility of adopting legislation. to provide for the posting of gas prices. What we did was we provided be- tween that meeting and this meeting Metropolitan Dade County adopted an ordin- ance which appears to be comprehensive and we provided a copy to the Commission for your information and consideration. Our initial impression is that the ' Metropolitan Dade County Ordinance is so comprehensive that it accomplishes the objectives that the City Commission was desiring and uniess you instruct us otherwise we can indicate to you that the Metropolitan Dade County ordin- ance would satisfy our concern about the posting of gas prices. Mr. Carollo: George, I made that motion and if you feel and you're sure that the County, ordinance is goinc to satisfy our concern then I'm willing to go along with you. The reason I made if if you recall was to make sure if there was a conflict with the County Ordinance and if we were not happy with it that we could have our own ordinance because our ordinance would prevail` over the County ordinance. Mr. Knox: That's correct, sir. There is in the 'ordinance provided a; local' option such that if a municipality decided to adopt an ordinance it would prevail over the County's Ordinance. But we frankly could not think of any other requirements that could be imposed that were not already covered by the Metro ordinance and we do feel that this is comprehensive. Mr. Carollo: Well, I'm willing to go along with that opinion then. 5. SINGLE MEMBER DISTRICTS - TO APPLY TO ELECTION OF COUNTY COMMISSIONERS AND MEMBERS OF THE SCHOOL BOARD URGING METROPOLITAN DADE COUNTY TO IMPLEMENT. Mr. Knox: We have provided a succinct memorandum setting out the procedures that have been taken pursuant to the direction of the City Commission to exercise all reasonable efforts to insure the development of single member dis- tricts in Metropolitan Dade County and the Dade County School Board. We have in the typewriter a resolution relating to the School Board and we also have attached for your later formalization a resolution which urges the Metropolitan Dade County Commission to propose to the people an amendment to the Charter which would provide for single member districts and upon the advice of the council th,.—, we've retained this is a preliminary step in insuring that these single me.7L er districts are established and we're first giving Metropolitan. Dade County an opportunity without litigation to propose to the voters Iof, Dade Courlt:y an amendment to the Charter which will provide for single member districts. IdJyc.�Y 1'crt r The resolution that you prepared urges the County` to what,; dC)C5 SUa spont:f_' meall? Mr. Knox: On its own. Mayor Ferre: On its own and without litigation to adopt an ordinance to pro- vide for the election of its members by single member districts instead of at large. I assume that that also includes the School Board. Mr. Knox: We have a:separate resolution that is now being typed relating to the School Board because the School Board, the manner of election of School Board members is governed by State Statute. 0 0 Mayor Ferre: Okay, I'll tell you, I would like to really have the pleasure of making that motion myself and Armando, I'm going to pass you the gavel and I'm going to move a resolution urging Metropolitan Dade County, the Commis- sioners of Dade County, Florida and the School Board to adopt a proposed amendment to their respective Charters calling for the Board to be elected,on a single member district election basis rather than at large as they are now., I don't think I need to go through the full discussion as to why that's import- ant not only to blacks, Latins and Republicans but to the whole community and - I think this something whose time is long long overdue. Rev. Gibson: This may not be the political thing to say or do, but am I to understand that you're asking for single member districts ,in the School! Board? Mayor Ferre: Yes, and the County. Rev. Gibson:And the County? Mayor Ferre:' Yes, sir, both. Rev. Gibson: Let me raise a philosophical question, and I hope you all will tell me, you know. In dealing with the School Board, since you're talking about the education of our children, are we going to get - I'm trying to understand what we will get in single member districts in ;.i,a School Board that you're not presently getting. I wish somebody --- Mayor Ferre: Let me address myself to that. Rev. Gibson: Yes, please. Mayor Ferre: This whole thing, and I'm not going to go into a half an hour: tirade on this but I'll give you a.three minute version of ;one of my speeches. This whole thing begins in 1953 with Brown Vs. The School•Board of Topeka. And after Martin Luther King and Theodore Gibson and many others it ends up in 1963 with the Civil Rights Acts as passed under the administration and signed by President Lyndon B. Johnson. It was further amended to include eventually what was called the Voter Rights Act, as amended in 1975. The Voter Rights Act says that where there are clear cut patterns, now the clear cut patterns in the Voter Rights Act, for example, was used in Pensacola recently when the County Commission refused to go to single member districts, therefore, disenfranchising blacks from full participation in the governmental', affairs of Pensacola and the School Board area. Now what in effect,;and..,the most dramatic case of all has been Texas. When I first went to,Texas`';to cam paign for a friend there were 3 members of the Texas Legislature that,.were. Hispanics, were Mexicans. There are now 27. That all came about through the Voter Rights Act and Single Member Districts. The only way you'can.get proper representation of minorities is if you guarantee that people are. electable and get elected. Now in the case of blacks I think,, Father Gibson, that there°is a two-edged sword on this. The one edge of the sword is that well blacks have always been elected to the County Commission and in the last two cases to the School Board. However, there is a consensus of opinion around here in some circles that what has happened is that it is some sort oftokenism because whenever there is supposedly a black seat on the Countv Commission and, the others decide not to run against the black which has been the traditional''case r in the last 10 years here and, therefore, with the exception of the School Board where you had two blacks running against each other the case has been that in the County the blacks are protty well left alone. I, submit to you that that will not be the case forever because there are some very aggressive people that are coming around feeling that they should go out and 'compete.for all seats and that there is no such thing as a black seat on the County Commis- sion. The only way I think you could properly guarantee a true representa- tion at all levels is if you go to single member districts which is what .is h;�f>penin� all aver the United States of America. If you do that then you know for sure that there will be a district where there will be , that will really represent the consensus of that particular community. What happens how, of course, is that there is a little bit of subtrefuge and the way it works is, they spry, "Well, you run from a district but you run at large and we know tradi- tionally in some southern states and specifically in Texas in recnet years that there is something called gerrymandering. What they do is if theyhave a little black pocket instead of giving the blacks that representation what.they do is they cover it around with white neighborhoods so that the black has very little chance to win. The same argument is applicable to the Cuban community, and I think this is something that, of course, Rubin Askew has been for on,the Stag level., that Bob Shcrvin is campaigning for for a Constitutional change in the State which 1 fully support but I think what is suace for the goose is 5,1ui:e for the (iandoy and I think this is something that is not only valuable i" for ethnic representation but also for political representation, if it is valid for the State I think it is also valid for the County and the School Board. Rev. Gibson: But let me respond. I have some misgivings, I want to tell everybody mine is out of great tribulation, I have some misgivings. I hear what you say, and it is very easy for me to become sympathetic and emotion- ally moved. I would tell privately some other things that I will not dis- close or do not wish to say publicly. I, and maybe I'm living in a world of fantasy, and I want to concede that's my business to live in a world of fantasy, pulling people up to higher heights. That's the only thing I have that--- My commitment calls me to do that. Okay? And I'm committed to my profession just as you are to yours. I'm not going to debate it I'm only going to say this for the benefit of this community, as a native 65 years come April 24th, 1980. I have some serious reservations. My concern is that we bring this community together as one great energetic vibrant community, and Mr. Mayor, I want to address as an aside something that you said that is true. Maybe white America needs to understand that they cannot forever gerrymander these districts around here. Let me put the other thing on the table. They had better understand that they had better start these districts out so that all of the people will get a piece of the pie. I remember Winston Winn when we divided this community up into districts. And you know, they gerrymandered that area over there where I, black, lives. Okay? I just hope that we will start saying to white America who are the majority in Dade County yet, my brother, the Godlike thing to do is to be fair, be just and then we wouldn't have these pockets and I'll end with this. I see some'attitudes in Dade County and in the City cf Miami that frightens Theodore Gibson to death. I hope I don't live long enough in my life to say I told you so, I hope. And I understand what you're saying, Mr. Mayor, go right on. I just thought that my business is to hold it up. I always say that one of the things I hope you'll never forget me for on this Commission, I have said repeatedly; the leadership today stands where the followship must stand tomorrow. The leader- ship today stands where the followship must stand tomorrow and you and I who are the leaders have a right to beckon those people who cut up the districts and say to them that's not right, that's not fair and we should not worry 'about whether it is politically advantageous but on the contrary we ought to be say- ing to people thus sayeth the Lord God. If you don't want to do it to,. you want nobody to do it to you don't you do it to the Latins, don't you do it'`to the blacks, don't you do it to the poor, don't you do it to nobody else. That's the only thing. Pass your motion,'I understand. I want to go,.along, with your philosophy but in the long run - I know this is immediate -'.we may have to change. But in the long run,`I just want to warn the people of this_ community.... Mayor Ferre: Let me, Father, since you brought up I think what I considera very serious matter and I am concerned and I agree with your hesitation and your concern and I am certainly no one to lecture you or any other black civil rights leader on the whole -,process but I might say that it took a hun- dred years to overcome the Dred Scott Case and I might say that you hope white America doesn't gerrymander anymore -well I've got news for you it's been gerrymandering for 200 years and the -only _way white America reacts is when thank God under the system of this country it is pushed. And this is a country of laws, thank God or.we wouldn't have, we wouldn't have the prog- ress that we've had. And there is a; law and the law is the Voting Rights Act of 1975 and it says isn't good enough that the Constitution says you shouldn't do it, by law we're telling you you're not going to do it and by law we're going to tell you how you are going to do it so that you don't discriminate. Now what's sauce for the goose is sauce for the gander. If it is applicable to the black community in Pensacola it's just as applic- able to the Cuban community in Miami. Now, we cannot take laws and apply them in ways that go into effect in one community and don't go into effect in another community. I personally think that this is just as much as a safeguard and just as much of a right thing for the black community as it is for the Cuban community. I think it just as, this has been a Republican issue for 15-20 years in this state. I'm not a Republican and yet I believe strongly that it is important that if the people of Hialeah have a different , attitude than the people of Miami Beach and if the people of Homestead are different than the people of North Miami they should have the kind of repre- sentation that truly represents their constituency and they shouldn't be whitewashed by putting everybody into the melting pot and just melt every- thing and blend it into oneness. Now I just think that it is a serious mat- ter before us and that laws exist and I think this is a proper time for us, it is a democratic process, it is what the law says can and should be done, it has the support of both newspapers, as I understand it. It has the sup- port which I'm surprised at, it has the support of Reuben Askew on the State 16 MAR 19 1980 level and Bob Sbevio is leading this and Bob £6evinmet with us and agreed ' with it on a local basis, and all we're doing here, I wanted to explain this, . what the procedure is. We were asking the county and the School Board spon- taneously on their m*o to do this without any kind of litigation. Now the 'aa1a for that in that under the law, under the Civil Rights and the Voter - -Rights Act we've got to ask them to do it voluntarily. If they don't do it voluntarily the next step is that we're going to have to retain some experts that have done this for black and Mexican -American communities throughout tbe,^', . country to come in here and help us analyze the situation and then it will come before this Commission again. If they find that we have cause, if there is a clear cut established pattern of racial discrimination in voting pat- ``.../ terus which can be sustained in a court of law under the Civil Rights Act and the Voter Rights Act then that's when we take the initiative so all we're really doing here today is this is a begiooiog. Why do we want to begin now / in March? Because we've got an election coming up in the fall and we've got to move very quickly because if the County Commission and the School Board . don't adjust before the election we may have the right as Texas has proven '.. on several occasions to enjoin the County and enjoin the sobooI Board from having an election until hfly the law the way it's written in � they can � w the books now. Rev. Gibson: Mr. Mayor, we aren't debating, I think we're dealing-T.,yith philos- ophy. You know, I think my record is crystal clear,,I have always been on the suffering side and for me to be holding up, I know what you're saying but I want to say something that you never include when you make these remarks.. The difference between me and you, �,Ir. Mayor, is, or the difference between me and white America,or the (:iifference between the Latins and the blacks is there is no way in the !,..1­__Ld I could get lost - no way in "he world I could, get lost. And TDI-k--as-z,, this is not a debate. I just pour out my heart and soul to my white brothers that in their own self-interest you ought to start doing the right thing now. This is the undercutting thing even in the employ- ment orocess here at City Hall. If you don't - listen to this, my brothers if you don't you're going to find the same thing happening to you in the employ- ment process. So a hint to the wise is sufficient, you don't have to be dumb and foolish all your life. Okay? We're together, Mr. Mayor, we approach our'. philosophies differently but naturally as I said my profession is one, your's is another and when I say I've talked to the other people, what really bothers me is that I would hope the day will come when we would be looking, and I,want�.. you to know that I'm talking about the millenium, the ideal, and I learned also that white America seldom worries about the ideal, they worry abouttheir. pocketbooks. I understand that, and they worry about the,Dressure,,I, under,-, stand that. But because I am who I am and where I am I hope they can lelarn,a,,:, little,something from the minority, the real minority in this c,o I untry. Mr. Plummer: Mr. Mayor, let me ask a question, you're'the, proposer., How, would vou answer the question'that says that the City,is proposing, to, dictate::, to other governmental bodies but you're not,proposing the same for yourself?�--,. Mayor Ferre: The'City of Miami did propose the same for itself, and you�mi4ht remember that we voluntarily put it on, the, ballot.' Mr. Plummer: But not as I understand -in the same.concept as which 'is,being_ proposed here. That as I recall for the City was, in fact, aconcept that there would be a district election but there would also be four members,alt Mayor Ferre: Yes, well I would certainly'accept that for the County too. See, we're not saying what the County should do,we're saying that they think' they should take into account the representation bysingle member districts. To what extent, as long as they comply with the law and the regulation, the key statement here, J. L., under the law is if we can establish, if we go to court we'vo qot to establish that there is a clear cut vattern of voter d�i,scririi:ination. That's a legal matter that has to be defined and argued in �111d t.11C judge or a jury has to make a decision on it under the law. All wu're asking, d1l we're doing today is under the law asking them to do it voluntarily and we need to do that for this to be because the next step then is f(.�r us to investigate and find out whether or not there is a pattern. If there is a pattern'then we have a lawsuit. If there is not a pattern then we don't have a lawsuit, we just have to continue the way we are. Mr. Plummer: Maurice, let me ask this question. Why would it be appropriate, for the City of Miami to involve itself at cost and expense into an area of discrimination where the point would seem like to me that it would be with the Justice Department of the United States Government who is funded, who is every day dealing with discrimination problems? 17 ct. MAR19 1Mso Mayor Ferre: That's a good question. BecausA 'u,ierica doesn't work that way and it took local initiatives in Texas to get 1'as thing, resolved. Because if you sit around that's like saying why shouldn't the .71 ist.ice Department take care of all discrimination cases - well they don't and it requires vigil- ence on 'the part, and the price of doiTv.:;cracy, as a great man once said is constant vigilance`. And the point i sin;ply this. Why should the City of Miami under Bob High'.- '.eaders; p ge,_ _.nvolved with the rate setting cases for the whole state? Well because ,.he people of Miami were affected. Why should the City of Miami become involvLd in Metropolitan Dade County and the School. Board? `.`Because there are 370,000 Miamians who were affected about it. We have a fiduciary responsibility to those people, not to the whole County but to those people. And if there is a pattern of discrimination, and I submit to you that there have been over 100 Cuban American candidates who have Irun for public office at large in this County and have never been elected.Now I would accept if 20 or 30 had not run that you might say that none of them were qualified. But when you get a hundred people that have run and not one has been elected I think you've got to be suspicious of what the implications are. And, therefore, I'm not concluding because that has to be done by.. technicians, I'm just saying I suspect and I think the best form of government is one which addresses itself to the democratic process and there is no better democratic process than single member districts. There you; by law eliminate gerrymandering and this washing out into the whole type of thing and it is long overdue. if this County had 'had 'single member distrj^t,� 20,years ago 'I guarantee you half of the problems that we've had we wouldn't have had. I. don't mean to be disrespectful to Commissioner'Re.d:`ord who was here today for. something, when was the last time; you remember Commissioner Redford coming to this Commission for anything? Does anybody' remember it? I've been Mayor for 6 years. I don't recall RPdiord ever having been before this chamber. Well,, do you',Commissioner Redford is? He's the guy who represents your district and my district. He represents 'me on the County`, Commission and I guarantee, you,I could document for you that 90% of the votes affecting the=City, of Miami that he has taken an opposite position to what this Commission has taken 90% of the time. Now I submit to you, you want Commissioner Redfordor his sub- stitute in the future if there is one to represent the constituency of the City of Miami you make him get elected;.by this district and I guarantee you he'll be down here every other month. Mr. Carollo: Mr.`Mayor, if, I may ask something.; J. L., you mentioned as far as why is the City not having districts, well, if you ;'look 'at this Commission I_think you will find that it is very very representative of the make-up of; the City. The City of Miami today is ;presently approximately 60 Spanish speaking, approximately 23%'black American and approximately 17$ white Ameri- can. We have three Latin members, Spanish 'speaking members"".'of this Commission,` one black American member and one white American member, exactly;as the break- down of the population If you look at the County it's :no near that.' The only minority they have is one"black, the School'Board the',same. :The State House, 30 seats, `only;two blacks and no Latins.' That's the major dif ference. I'd like to go on<a little bit more into it. Mr. Plummer:' Wait, let's,go back to that one point. You know this country operates, at least I think it does, on a free enterprise Isystem, Mr. Carollo. Mr. Carollo: That is correct. •:iidiurutasFa���. 9 Mr. Plummer: Then you are placing that guilt on the very people who elected you. That guilt then is a.... Mayor Ferre: On the system. Mr. Plummer: Not on a system, Mr. Mayor, because it is.a system that you alld I and Mr. Carollo and the rest are elected upon. Mayor Ferre: J. L. Mr. Plummer: Can I finish, please? The point that I'm trying to make, and we this Commission are a perfect example, 60% I think is a little wrong but I'll accept it for argumentive sake. 60% of the makeup of the City of Miami you contend is Hispanic. There are five members of this Commission, this Com- mission as each represents 20% for figuring, for mathematics. We find exactly that existing here today. Mayor Ferre: Now make that analogy for the County. Mr. Plummer: But, Mr. Mayor, I say to you that because you go to district elections is not necessarily going to create what you're trying to do.'. Mayor. Ferre: Accepted. Mr. Plummer: All right. Now, the point is that this is a free society, that: people have the right to choose who they want. Mayor Ferre: Accepter. Mr. Plummer: So why are you trying to force down their throats that they are going to be limited in that choice? Mayor Ferre: Not accepted, now let me tell, you why. Because there is a law in the United States of America that says that what you ;just said is not so. Mr. Plummer: And that law is what? Mayor Ferre: It's called the Voter Rights Act of 1975 and the Voter Rights Act of 1975 says that when you gerrymander and when you do such things that under the scrutiny of analysis shows that there is an established pattern of discrimination in the system you shall change that system and that has been prover. There must be hundreds of cases throughout the United States where that law has been put into effect and where the system has been changed to single member districts. So don't tell me that that's not the democratic way because that's what the Congress of the United States that represents the people of the United States voted into, that's the law of the land. And all I'm saying is nothing more than if you believe in the free enterprise system and democracy you follow the law of the land. Rev. Gibson: Mr. Mayor, let me make this final comment, Plummer brought something up and so did you that perhaps would make my position not misunder- stood. I have no light to guide my future but the light of the past. It seems to me we're here debating this issue, and rightly so. We have a classic example and a wonderful opportunity right now. There is a vacancy on the School Board and nobody could accuse me of not practicing what I believe. When Durant was appointed to the School Board I happen to have been one of the few guys who said to the then Governor, "It is only right and fair, there were certain blacks and whites and Latins who wanted me to say who that Latin ought to be. My reply was I am not going to choose Latin leadership, I am only ,oing to say what is the right thing to do. Now there is a vacancy on the Sdrool Luard now, it seems to me that, what I was trying to do is if we car, tea;:h each ot. let- to do that which is right we will get to the long end (1) , we will automatically have the kind o:- representation we have or it would not be quite as. :low, in the case of Met_opolitan Dade County it seems to me my white brothers who hear this argument and who hear my longing, since you all run the system and control it it seems to me that somehow you will get enough Go,i in you to go and say to those in charge, "Hey, the handwriting is on the wall". You know it is far better to do that which is right on your own than to be made to da it. And what bothers me as I go around in these differ- ent meetings, nobody is talking about what is right, everybody is talking about whn we could do in. And the right and fair thing for us to do is for us to take a moral posture and say we have all these Latins here, you have a vacancy oI; tiac :,cChO01 POard, their children go to school just like our children. I wouldn't tell you about an incident I saw in another country where there were thrt2e di.fferc-nt compositions, one compositions was controlling what was there. amp 1.,I.}: .ana talkccl about i.t, not too many people• think that I have been a 9 MAP, C C. good boy but let me tell you this: The handwriting is on the wall for us. As a native I see it, it disturbs me because I don't think we're willing to do that which is right and moral. And I hope tht the newspapers will write it so that Metro will understand it and that the governor will get a copy of what is being said and in the appointment do that which is right and fair. I detest having Latin children being deprived of their representation. And let me tell you, man, ain't nothing like when the shoe was on your foot. Ain't nothing like when the shoe was on your foot. I have worn that shoe all my life, I even wear it now and I know I'm not free. Mr. Lacasa: -Mr. Mayor, I want to make some comments in regard to this disi cussion-because I have my own views in relation to the implications that adequate representation has. We have the tendency to see representation for minorities only as something that comes to the interest of that particular minority and I submit to you that it is also essential for the so-called majorities that that minority be represented for the better functioning'of - the whole society. Here in the City Commission of the City of Miami, as has been pointed out before, this is a very good example. For whatever the reason the Latin community of the City of Miami has become a decisive factor, in the elections for the City Commission. Still we have, that we have kept as Commissioner Carollo explained before an adequate balance in the City Com-, mission. This has been because the leadership in the Latin community has been very careful and we -have campaigned and we have gone to our, constituency with the message that that balance has to be kept. The best example sits here next to me on both sides of my seat. Father Gibson, Commissioner Plummer both received substantial support from the Latin constituency and the Latin voters in the City of Miami even though there were Latins running against them for their seats. The same situation, however, hasn't taken place in other races such as the Scate Legislature, such as the Dade County govern- ments, such as the School Board. What is the end result? The end result is not only that the Latin minority has no representation in those particular bodies to "protect their interests" because in many occasions more I feel that people give credit for, their interests are being protected by the white Anglo officials that are also elected to those bodies. So the question is -not so much or only a matter of discrimination, the question is that the inter- change, the input from the representations of all those minorities'is also needed in those bodies for their better functioning. The School Board .of Dade County is probably one of the best examples. There was an attempt a few years ago, there was a vacancy and a Cuban -American was appointed to that vacancy, a Cuban -American that was highly qualified`, a Cuban -American that happens to be the Chairman of the State Democratic party today, .that happens to be an attorney, a member of the Florida Bar ,and he was defeated thus not only depriving the Latin minority to have representation,on the ; School Board but also depriving the School Board of having the direct input` of a minority that comprises 40% of the school population of Dade County,'; or 30%, whether it is 10, 30 or<40 it 'is the same. You know, a substantial amount. The same situation happens in the.Dade.,County Government where about 30% here again of the population of this County; is of Latin extraction. Still I submit to you that it is 'the CountyCommission and that it is the' County administration, the 'one that is being deprived of the direct input by the Latin representation in that particular body. So much, in fact, that in several locations very high placed Anglo administrators in the Dade County Government has complained to me the fact that they don't have that kind of, liaison with the Latin community ,and that that makes their functioning even more difficult. A few years ago.a very similar question in the final analysis was brought up to the attention of the Dade County Government and that was the question of bi-lingualism and,I at that time went before the County Commission' and explained to them that the question..... Early this morning we passed a resolution unanimously, the City' Commission, urging the U.S. Department of Justice to find a way to provide the Haitian refugees with a permanent kind of immigration status that would allow you the opportunity to become integral members of the society, to have the opportunity to work and to integrate in , this society in which you have chosen to come and this was passed unanimously, . by this City Commission and one of the advocates of your cause was here and he had the opportunity to come before the City Commission and make the'pres entation and the reaction of the City Commission was, as I said before, unan- imously in support of your cause. This was done earlier this morning. (INAUDIBLE COMMENT FROM THE.AUDIENCE)._ Okay, we'll deal with that after we finish this issue we are discussing now. Well, to summarize my' statement,., i don't believe that this highly; political and sensitive question should be looked upon only as a matteri of interest to a particular minority. I believe ll that this is an issue that 'affects the whole community and thatit is for`the best of everybody involved that every, segment of this highly integrated com- munity where we live in a triethnic sort of a balance which'so far has worked pretty well has input in the matters that affects us directly through- the regular channels which are the governmental channels at whatever the level, on MAR 19 198Q 0 0 be it the County, be it the City governments or be it the School Board. Mayor Ferre: Well, I'd like to add one, three quick points and I think after that we should, hopefully,:unless anybody else have other,statements get on with the"voting. I want"to point out once again, Father,.in contin uation of your statement about Alfredo Duran and your position and all that, you know how happy; you were and how you supported a Latin, not a'name 'buta Latin. I want to.remind you that Alfredo Duran then ran for public office and lost. That's the point I'm trying to make here. The second point 'I want to make is the point of when Metger Evers and CharlesEverswho is now the mayor of a town.in Mississippi was elected as were many other blacks, the concensus in many communities was, well that's a.destruction of the City, there goes Mississippi, there goes Detroit, there goes Los Angeles,.there goes Atlanta. And the fact is that Atlanta'is still there 'and Detroit is still•there.... Mr. Carollo: Some people said that when I got elected here in -,:.Miami. ' Mayor Ferre: And Mississippi is"stili,tli6re. But I want..:. Mr. Plummer: A trust of time is a year, Joe. Mayor Ferre: But I want to 'remind those ofyouthat come from other back- grounds that I can show you statements in Boston, a hundred; a,hundred and twenty-five years ago when it was the consensus that the Irish were going to destroy the democratic system of the United States, when it was said no Irish or dogs allowed in here, when it was thought that there was a difference between the shanty Irish and the lace curtain Irish. and it"was the consensus of America that Irish were about_..the lowest form of humanity and anybody"by the name of Sullivan or O'Brien was not allowed to go .into a lot<of places because he or she were 'Irish. So there was ?a time in this: country when what, is happening here somebody 'else had to go through..."And the Irish haven't' ruined Boston that I know of: and I think "Kevin. White is a fine Mayor.': I` want to remind those of you that are Jewish,that a hundred;years.'ago one of" the reasons why New York was put. into one City ,rather` han6or"7 boroughs which it was up to that time is because there."were a lot of':peop a in `New York who were worried about. the Jews"and they, said,""We.'ve'`gct to. keep all of those Jews from taking over' -New 'York; And the way ":you keep the Jews but'is`' we're going to merge all these boroughs together:'and that way;we,,,1'1 have.con trol and make sure that those Jews don't get elected.'!' Weld,"I don't'see that the Jewish mayors of New York City starting; with 'Mayor Wagner and now'e have . a Jewish mayor who is doing a wonderful''job. I don't 'see that New York"went to hell because the majority of the governing officials in the City Government of New York are Jews. And I just'want:to say that I don't have 'so littlefaith in the system, America is a great country, our'democracy and our.'Constitution are great and I think that you have to.have=faith that' the''system works and" we've got to improve the systems we go. along. Las tly"to J:`L.',P1ummer.,.You're right, the City is an example." I`want to tell you Isince I',ve studied.the, law and read the 1975 Voter Rights Act"if this composition were'"reflected4in"the County Commission and in the"School,Board there wouldn't be a chance in:hell to get anything changed but the fact is that it.'isn't'representative..There- fore, if we can prove that there .is a pattern to 'the way:people vote,in the County then I think the law is on our side. And`all`:I'm asking"you to, do to day is (1) to ask thee -County to do.this voluntarily and then. •II'm -going to- ask'. you that we retain some experts,that'have done this all 6ve I r17the.south based in San Antonio, Texas. They happen to be white, by the way;"and."they happen to be white of the Jewish faith. They ,are not blacks and they're not`Mexi'cans, they're Americans who are interested in the democratic and proper representa- tion in this country.' So I would like<to call for the"question`if 'nobody else.. M1 c',,r„I 16: Mr. Maychr, if ',I may add 'one more .thing. I guess"how I really fc-r::l <,:, this is that I really believe the way, the districts are today they hiiv,_. },,;,^r; gerrymandered purposely, to_ keep.Latin Americans out, to keep black ` Americans out. All that I would like to see is, ;to have fair districts and then if Latins and black Americans do not"want to vote for a Latin or a black American that that would be their decision. If they want to vote for< hoever, they want to vote let him vote but at least if they want to vote ,fora. black American or a Latin American they could have some representation in their. districts. If I may.I would also like`to, if I'm not out of order at this time, bring a motion. Mr. Lacasa: We have a motion on the floor which has been seconded. Mr. Plummer: Repeat the motion, please. -t 21 MAR 19 1980 Mayor Ferre:George? Mr. Knox: That'scorrect. Mr. Plummer: Fine, I've got no.problem with that:, none at all. Mr. Knox: Mr. Mayor, let me'inquire,,a'little,bit further. As`the Commission is aware, inaddition to"having at large elections the`Dad e'County•School'.Board also has partisan elections and the question to-you.is whether.or'notyou would wish to'address.the question'of a, ,'of election for the School. Board. Mayor Ferre:` Well, I personally:am in favor of non -partisan elections at all 0 Mr. Plummer: As long as it is offered 'for the people to decide I vote yes. Rev. Gibson: Mr. Mayor,'it seems to me that maybe one of the places we could start since there is a vacancy on the School Board, and I'm sure every- body and his cousin is trying to tell the governor who ought to be appointed that it might not be a bad idea if this Commission adopted a resolution and said to the.... All right, go ahead, I don't mind. Mr. Carollo: I think this whole Commission is in agreement with this, I don't really think it matters who makes the motion on that. So I would go ahead and let Father Gibson make the motion on that. Rev. Gibson: I was about to say that I think that we ought to appeal to the governor and say to the governor that we think it would be the thing to do that he appoint a Latin to that vacant seat on the School Board. That's a motion. 6. APPEAL TO GOVERNOR GRAHAM TO :".PPOINT . LA71N TO FILL THE VACANCY ON TEE DADE COUNTY SCHOOL BOARD. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 80-192 A RESOLUTION URGING, GOVERNOR ROBERT GRAHAM TO SELECT AN INDIVIDUAL OF HISPANIC ORIGIN TO FILL THE EXISTING VACANCY ON THE SCHOOL BOARD OF THE SCHOOL DISTRICT OF DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO FORWARD A COPY OF THIS RESOLUTION TO GOVERNOR GRAHAM. (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 J. L..Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. 110TION OF INTENT TO ENGAGE PROFESSIONAL CONSULTING SERVICES i'EGARDING SINGLE MEMBER DISTRICTS IF COUNTY DOES NOT IMPLEMENT SUCH PLAN Mayo)- Ferrer: There's u second part to this report, as you... Item 2 says this offi(,o has contacted with the office of George J. Korbel of San Antonio, Texas and together with some expert witnesses will assit in a preliminary determination of the feasibility of obtaining single.member district appoint- ment through litigation. Now I understand that Mr. Alvarez has been to Texas and I would like for him to make a report to us at this time and to pass out the March 12th letter from George Korbel that he has because I think that's step n,2. Do you have any extra copies of this? Z r,��� 9 19An Mr. Jose Alvarez,: Yes, and I believe that the extra copies have been passed out already. The meeting in Texas was in effecta conference with two attor- neys who have a high degree of expertise in this type of litigation together - with the Chairman of the Sociology Department of Rice University and the expert witness on racial polarization who testified in the Pensacola case in Florida who is now before the U. S. Supreme Court. The end result of the meet- ing is summarized in the letter I passed out to you and the consensus was to: conduct a preliminary study to determine if the necessary elements for the federal course of action exists in this community that would then allow the filing of the lawsuit. Mayor Ferre: All right. Then I'm going to again pass the gavel to the Vice - Mayor and take the initiative and make a motion that Mr. George J. Kobel, - Attorney at law, Mr. Davidson and Cotrel and others as determined by the City Attorney with the concurrence of the City Manager up to $25,000 be set aside for the preliminary investigation which will take 3 months with the stipula- tion that if the County takes this action voluntarily that we may stap the expense. Now let me tell you - that's the motion and then I'li explain it. Mr. Lacasa: Is there a second to the motion? Mr. Car.ollo: I will second the motion, but the only problem; that I have with it is I think we might be a ?Ltle short according to the estimates we have here. If you'll look a,little lower, Mr. Mayor, there is an additional $4,000. C Mayor Ferre: I'm sorry, I stand corrected, up to $30,000. I stand corrected. Would you accept that as an amendment? Mr. Carollo: Yes. Mayor Ferre: All right, let me explain this in further detail. The argument is probably going to be, "well why should we go out and spend any money now, why don't we wait to see if the County Commission takes action?" My concern is that in September we have a County election and a School Board Election in September. We're now in March - April, May, June, July, August - if these people take three months to come to their conclusion unless we start right away, if the County and the School Board say well they're going to think about it and study it and then three months from now or two months from now say that they will not do it then in effect we would not be prepared to go to court and enjoin the election. I want to make it very clearly on the record that it is fully my intention to carry this thing through to conclusion and that if the County is not able to see its way clear and if we have a basis of law for a lawsuit that we will proceed with an injunction to stop the election and to hear the case out before an appropriate federal court, as you know these cases have priority. I might remind you, I think it was the City of Houston that refused, absolutely refused to change their system and they were enjoined for close to a year from holding an election until they complied. The Justice Department would then give this priority standing and the r�urral courts would, well I think it is something that would happen very ;uickiy. But I think it is important that we show that we mean business b1, proceeding with establish- ing the perimeters and if we don't do it now we're going to get caught in a situation where we're not goina to be able to stop the election. The only way that you can impact these *_::�ngs is when you take the full safeguards of the protection granted to you by the law, as you know better than any of us, Father, and you itil.ize the existing laws on your behalf. And the 1975 Voter Rights Act is certainly a strong protector of these things but we need to pre- pare for it. Rev. Gibson: Mr. Mayor, let me ask you something. Maybe I'm an old coon and rather cautious in what I do. I know what you're saying and I have no prob- lem with being prepared. I wonder if we can't be polite. I know the answer but unfortunately maybe I'm too much this way. I wonder if we cannot take a period of 10 days and then at the end of 10 days if we don't get an affirma- tive reply or say to them that we want to give you a period of ten days to think this thing.... Mayor Ferre: Father, let me simplify your role. Okay? I will change my motion to say that this be nut into the form of a resolution,the motion is that this be put into the form of a formal resolution to be voted on the 31st of. March which is more than 10 days. In other words what I''d like to do is pass a motion instructing the Law Department and the City Manager to put this on the agenda of the 31st for the purposes of us voting for it in the form of a resolution at that time. And that then says as a matter of fact we're just instructing them to do it and then the vote is on March 31st. The reason I want to structure it this way, with all due respects to every- body, that if we had been polite, if you had been polite we would still have school desegrigation today and the fact is that the way this system in this country works is you've got to stand up and fight for what you know is right. Rev. Gibson: Well, we are together, I'm just thinking that if you said we would like to hear from you within 10 days and then if you don't get the answer in 10 days then go ahead. You see, that's all I'm saying. Mayor Ferre: Let's make it even better. I'll tell you what I'll further do. I'll say instead of a resolution this is a motion of intent asking that this be prepared for the 31st and that it not be instituted until April 15th, in other words that no final agreements with all these lawyers and professors and experts be finalized until the 15th. If anything happens between now and, well let's give it a full month. Today is the 18th, to the 18th of April. If nothing happens before the 18th of April then you will be instruction if it passes to proceed forthwith. Okay? That cuts down some time, George, but I think we still have enough time, three months, May June, July, then if we need to we could go to court in August which is enough time for the election. Rev. Gibson: Mr. Mayor, we're together but maybe I'm not able to get across what I'm saying. I hear you saying this to George, the attorney. counsel, I want to make sure all of you hear this because I get disturbed if something happens, you know. Look, I'm saying that somehow we need to write the School Board, write the County Commission and say this is the wish of this Commission and we would like to hear from you within 10 days. That's one action. We 24 MAR 19 1980 Yt 25 v , 9 ,98Q mmim V The following motion was introduced by Mayor Maurice Ferre who moved its adoptions MOTION NO. 80-193 A MOTION OF INTENT OF THE CITY COMMISSION AUTHORIZING THE CITY ATTORNEY, WITH THE CONCURRENCE OF THE CITY MANAGER, TO NEGOTIATE FOR THE PROFESSIONAL SERVICES OF DR. GEORGE J. KORBEL,'DR. CHANDLER DAVIDSON AND DR. CHARLES KOTRELL, ALLOCATING UP TO $30,000 TO BE PUT ASIDE FOR A PRELIMINARY STUDY OF THE DADE COUNTY ELECTORAL SYSTEM WITH SPECIAL EMPHASIS ON SINGLE MEMBER DISTRICTS; FURTHER STIPULATING THAT IF THE METROPOLITAN DADE COUNTY BOARD OF COMMISSIONERS AND THE DADE COUNTY SCHOOL BOARD VOLUNTARILY IMPLEMENT SINGLE MEMBER DISTRICTS, THE ENGAGEMENT OF THE AFOREMENTIONED CONSULTANTS AND ASSOCIATED EXPENDITURE OF $30,000 MAY BE ELIMINATED; FURHTER DIRECTING A FORMAL RESOLUTION ENCOMPASS- ING THESE DIRECTIONS TO BE PRESENTED TO THE CITY COMMISSION ON MARCH 31, 1980; FURTHER DIRECTING THE CITY ATTORNEY NOT TO ENGAGE THE SERVICES OF ANY OF THE AFOREMENTIONED PRO- FESSIONAL CONSULTANTS PRIOR TO APRIL 18, 1980; AND FURTHER DIRECTING THE CITY CLERK TO SEND COPIES OF THIS MOTION TO THE INDIVIDUAL bIEMBERS OF THE METROPOLITAN DADE COUNTY BOARD OF COUNTY COMMISSIONERS AS WELL AS iv THE INDIVIDUAL MEMBERS OF THE BOARD OF PUBLIC INSTRUCTION OF METROPOLITAN DADE COUNTY. Upon being seconded i)y Commissioner Carollo, the motion was passed and`, adopted by the following vote AYES:Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. o. REPORT 6Y CITY ATTOR14EY: PROPOSED MORATORIUM ON RENTAL HOUSING CONVERSIONS TO CONDOMINIUMS, REQUEST PLANNING ADVISORY BOARD TO STUDY; REQUEST LEGAL OPINION ON ZONING. Mayor Ferre: We're on Item G, City Attorney regarding the 90 day moratorium on conversions of multi -housing family units to condominiums. Mr. Knox. Mr. Knox: Yes, sir, you'll please note that there was no backup material regarding this item because pursuant to your instructions we investigated the feasibility and practicality of drafting legislation on behalf of the City of Miami to impose a moratorium on condominium conversions.; Since that time there have been two court cases in Hallandale and in Miami Beach where the Circuit Court have turned over legislative actions taken by those respect- ive City Commissions regarding moratoriums. It appears that the`statelaw pre-empts any ability or power on the part of municipalities to engage 'in the regulation of condominiums or condominium conversions and it appears that this is a matter for the Legislature. Mayor Ferre: All right, is there any further discussion on`this 'item"? Mr. Lacasa: Yes, Mr. Mayor. I'm aware after we pass our resolution instruct- ing the City Attorney to give us'a legal opinion as to whether or not we had authority to pursue the question of the moratorium on condominium conversions' that the Court has ruled on two occasions that local governments, City -govern- ments do not have the authority to impose such a moratorium. Nevertheless, the problem still exists and every day the problem grows worse. At this particular point we have the interest rates on the mortgages at`16%.' It is, practically impossible for people, not only low income people but middle class, low middle class to secure adequate housing facilities with this ;type of -_inter- est rates. The City of Miami in particular has a major problem with the cost of the land for high rises which in turn results in extremely high prices for condominium units. The last City Commission hearing when this question was discussed as an alternative to this situation, we asked from the; Planning Departmont of the City to study areas where rezoning of low density residential areas could take place to allow high rise which would be devoted to rental rt 26 MAP 1 Mayor Ferre: Well, then why don't you incorporate that into your previous mot i o n 27 MAR UNIDENTIFIED SPEAKER-. :I represent a�'aroub'at 3881-West Flaaler'.ana:rtmpnts- 28 MAR 19 ioen v Mr. Lacasa: That is a difficult situation and that is what prompted me at the last City Commission hearing to consider the possibility of imposing a moratorium on condo conversions. However, the courts in two different occas- ions"and -in two different municipalities have ruled that the local city governments have no authority`to impose such a moratorium.So for us it would be an exercise in ;futility to pass such a resolution here,` being challenged before 'a court and lose`. So actually the question here is one of technicality, to what extent can the City; government help. _I feel, that if we can come; with a solution to which by means of changing existing zon- ing classifications to allow the building of high rise multiple family units' for rental purposes only this might be a pertinent solution because this type of zoning classification could take effect on areas where low density at the present time exists. This will be low cost land and, therefore, the cost of the land as far as that building is concerned will be less than in the typical high rise areas. 'And therefore, those apartment could be feasible from the rental standpoint of view because the basic problem is that the cost of the land has skyrocketed so much in the City of Miami that it is no longer feasible to build rental units. So the alternate could be to find land which costs will be low enough to warrant from the economic standpoint of view the building of rental units. Mayor Ferre: Thank you very much. 9. DEFERRAL OF DISCUSSION REGARDING RETENTION OF A MEMBER OF THE PLANNING ADVISORY BOARD PENDING LEGAL OPINION. Mayor Ferre: The next item has been withdrawn, is that right? Item H has been withdrawn? Mr. Lacasa: Yes, I'm referring this question to the legal department of the City of Miami and we'll hear from this probably at the next City Commission Meeting. 10. DISCUSSION OF APPRAISERS FOR MANAGEMENT AGREEMENTS: MIAMARINA AND DINNER KEY - RETAIN SLACK, SLACK 9 ROE, INC., M.I.A. APPRAISERS, RETAIN PEAT, MARWICK 6 MITCHELL, C.P.A. APPRAISERS. Mayor Ferre: We're on Item I, discussion of the appraisers for the management agreement for Miamarina and Dinner Key Marinas. Yes, sir. UNIDENTIFIED SPEAKER: Mr. Mayor, the Miamarina Association would like to speak to this issue: Mayor Ferrer Yes, I will recognize you. Mr. Grassie? Mr. Grassier Mr. Gunderson is going to speak to this. Mr. J. Gunderson: Mr. Mayor and members of the Commission,!pursuant to your request we have gone forth in the request to many firms both as 'appraisers and CPA's to receive from them quotations as to their services 'in order to.,deter mine a financial analysis of the two agreements that you executed for 'the Dinner Key Marina and the Miamar.ina. We sent proposals out to 21.appraisal firms and IO firms, and the listing before you indicate the -responses. We're suggest:inq that a sclect.i.on be made from one appraisal firm and from one CPA firm prim,.rily becausr_ they have contrasting approaches to the same problem: I'llc al:)Pr,ri sa l s arc looking towards an income approach and the CPA firms .will be c.omparinq the investment return on this facility with other facilities not only in this state but in other states in communities in the country.< Mayor Fore: A:I1. right, we have before you, you have the back up information. It seems that you have 5 appraisals and I think we just choose the two .lowest, fees. Now the only thing that bothers me about the second lowest is that that is plus actual. time and expenses incurred and he, wants. to take 60 days. So I don't like that but I don't see how anybody can argue with Slack and Slack at 3,000 and 30 days completion. -- TIIORIIIIn111A nmIr111rIr1lF�1r11114m11 nT rt 30 Mr. Plummer: The Charter makes that mandatory, the Charter change made that mandator.. 11. AUTHORIZE SEARCH FOR CONSTRUCTION MANAGER FOR THE CONVENTION/CONFERENCE CENTER AND DECLARE POLICY TO RETAIN CONSTRUCTION MANAGERS ON PROJECTS EXCEEDING ONE MILLION DOLLARS. Flavor Ferre: ige're now on Item J and this is an item that I requested and the memorandum speaks for itself. I think there was one time that we had a construction manager on the Convention/Conference Center, Mr. Grassie and thoi.r name, What's her name? Turner. hia or Ferre: Turner'Construction", right.. Now since that Lime .Turner has,kind, of dropped out of the picture, Turner was terminated or gone or broke -up or ' what have you. Grassiu: Turner was a subcontractor to h1.C:A. which was the ` -construction management firm the City had engaged. M.C.A., that's MiamiCenter, Associates. M.C.A.'is still the construction 'management 'firm but they have:dismissed Turner. M, r Ferro: All riillit, here's what 7'd like to do. and I'dlike to turn the (I:lvL! l ovar to Co2nmissi.oner Lacasa. Is Commissioner Lacasa-still around or did he leave for lunch early? Would you do me a favor and tell me that we 31 MAR 1 9 1980 rt 32 MAR 19 1980 than standard water and sewer, street improvements and the other things that Public Works does on a routine basis. Mr. Plummer: Mr. Mayor, this then I would understand wouldbe the replacement of a project manager. Mayor Ferre: In the case of the Convention/Conference Center yes. In the case of Watson Island and other.projects that are still not started it —would-. not be a replacement it'would'be`the retainment of:a construction manager.' Mr. Plummer: Well, there is a project; manager now engaged by the administra- tion on Watson Island so it would . Mayor Ferre: No, construction manager not project manager. Mr. Plummer: Well, what I'm saying is it seems like to me that it is dupli- cation, you would not have both. I'm in concurrence with you on a construc- tion manager, I happen to think it is a very fine thing but I can't see having' both. Mr. Grassie: No, you would definitely have to have both. Mayor Ferre: Yes, they're different things. That's like a dentist and a doctor, you know. Mr. Plummer: Why? Mr.. Grassier Because every project has to have an owner's representative. You're the owner, you hav-_ to have an owner's representative to deal with what is basically a'contract service. Mr. Plummer: Well, that's what we would be using the construction manager.,' for. Mr. Grassie: No, sir. He is a contractor to you. He is performing a ser- vice for you, you have to have somebody to make sure that he'performs-his service for which you are paying,, that's the project manager. Mr. Plummer: But it's a duplication. Mayor Ferre: No, J. L., it's completely separate functions. Let's take Watson Island. Ronnie Fine and Diplomat World are the project managers, they oversee the project and the selling of the bonds, the design work with Durell or whatever his name is and the traffic study, Dual and this and that and that's the project manager. He's the business guy who is making sure tat this is going to be a good project. Now the construction manager, he's completely limited to just the construction of that project. He's worried'' about whether the steel gets there on time, whether or not the estimate for the cubic yardage of concrete is right, he's worried whether or not ;you should use steel pipe rather than copper, he's the guy that worries about whether or not the time schedules are being; met or whether tM `electrical contractor is getting two months behind. Dlr. Plummer: I understand it, Mr. Mayor, and I.think it is a very fine thing but you have someone now who is a project manager in Mr. Gilchrist and Mr.` Connolly and they are not, in fact, hired for anything other than that. Mayor Ferre: Yes, they are the project representatives. What I'm talking about is net that, I am talking about a construction manager who knows noth- ing and doesn't get involved in anything but construction. He's not worried about the bond market, he's nor worried about contracts with Worsham, he's not worris:d about going to Washington or to UDAG or EDA applications, he's not worri.ud about environmental permits, all he's worried about is the con- struc7tion, lie's a construction manager - no more, no less. Mr. Plunuuer: Well, let's look at it. These guys I assume usually work on a percentage. Mr. Grassie: No, sir, they work ;on;a fee. Mr. Plummer: Well, but the fee, anything is a fee. Mr. Grassie: Well it depends on the size of the job, obviously. Mr. Plummer: Supervision is usually a stipulated percentage. rt. 33 MAR 19 198 6 f, Mr. Grassie: No, sir, what we try and avoid is that it be a percentage of total expenditure because that puts an incentive on their part to increase the cost of the project so what you do is give them a fee which stays firm regardless of the cost of the project.. Mayor Ferre: All we're doing here is asking the Manager to advertise and come back with recommendations. Mr. Plummer: Yes, I say let's proceed with that. 34 rt MAR 19 198Q s 12. DISCUSSION ITEM: COMMISSIONER GIBSON REQUESTS REPORTS FROM CHIEF OF POLICE ON PROBLEMS IN THE COCONUT GROVE AND LIBERTY CITY AREAS. Rev. Gibson: Mr. Mayor, some weeks ago the Manager and I had a conference. Subsequent to that the Manager and the Chief and I had a conference. I ex- pressed my concerns about some problems that are evident in our community and especially in the Coconut Grove area. One had to do with the Liberty City area. We had a meeting on Monday evening at 7:30. The businessmen of the community, some representatives from the Police Department, the Assistant City Manager, Mr. Grimm and we indicated the kind of results we hoped we were going to get and we left it up to the Police Department to take the necessary measures. My understanding is, and I want the Chief for the record's sake to " say whether of not the measures have been taken and I want to also warn the Commission that I told the Chief and the Manager when I met with the Chief and the Manager on the third day of March, 1980 that I wanted a report and that if that report wasn't forthcoming that the Chief would be the agenda topic today whether it was written or not written. Havino ;,ad the meeting on Monday, while I did not -get the report until aftr_ the meeting on Monday and since the Chief has taken some measures, and _ dope he will tell us, I want to withhold discussion the matter with the full understanding that on the 31st day of March, 1980 Mr. Srassie, you write on the agenda that Chief Harms will be back to officiaiiy report. I want to do it' just that way. Some things I don't want to air in public, I want to spare the Police Depart- ment, I want to spare the administration, I want to spare the citizens and I want to spare the Commission. The Chief knows what I'm talking about but I want him, on the record and I want you on.the record and that is he's going to say what he has done as of now and that you're going to have -in structiom to have him back here to tell us on the 31st what is and has not been done:. Mayor Ferre: Do you want, it now? Rev. Gibson: Yes ,`sir,.because I.want'to let him go. Mayor Ferre: Do you want the Chief'to speak now? Rev. Gibson: Yes, I want to, excuse. him. If the :Chief, my understanding is? that the Chief has deployed. I want"him to ay, it* ,You don't j have to' give me the results because when you come on'the'319t `you will.be g"iving me:the results. Okay? You're going to.say to me now, ','Sincel Monday:"thi's..is, what we have done" and leave it at that. Mr. Gras sie will :know . that", Theodore Gibson is requesting you to be on the agenda on the 31st-and'I want to; make sure this is said because somebody said to me, "Well, you.;know the way we "; • were counting the time, we were counting to 10 working.days.''",When-I'had..,the. meeting I specifically stated, I said so that nobody.,will be under any;mis- apprehension I am talking about the 13th day of March.'' Now., so there woi:'t be any misapprehension I'm talking about the 31st'day of"March which"is the> next Commission Meeting that I want him to be agenda item #l. Everybody understand? Okay. All right, Chief. Let me ease the pressure:.. " Mr. Grassie: Are we set for the time being, Father? Rev. Gibson: Yes, let, me ease the pressure so that these People.liere.wouldn't think that. I have run a con game on them. Since Monday I was .told, if this isn't true, you certify now that,it is or isn't,"that'you"have.de A, ed"two policemen out in Coconut Grove to take care of the corner of Grand and Douglas a pronto. Is that right? Chief Harms: You're correct; Commissioner.' Rev. Gibson: All right, if that be the case we aren't going to, deal with the results, I just wanted you to say that. so they can't say,, "Father; you ran a game on us and somebody is lying." I want to tell you for the information, this is an aside so you could tell your men. When I left the Commission at 1:00 n'Clock this morning I saw another incident. Okay? I'm not ,going to deal with it, Mr. Grimm knows, you could play it to the Manager ,:.you:could play it to the Chief, but on the 31st day of March I.believe in giving a man enouch room to hang himself, I expect you to be back here, y' J 9 l Y you make the re- port and the one that you wrote I'm going to disregard that because I want another one on the 31st not only in writing but I want you to be back here. r- t 35 MAR 19 1980 r' Chief Harms: Yes, sir, I'll respond with that report and I'm sorry you're going to disregard my other one, I thought it was a good piece of work. Rev. Gibson: All right, sir. 13. DISCUSSION ITEM: ORANGE BOWL BEER DISPENSING EQUIP- MENT INSTALLATION BY DOLPHINS; APPT. COMMISSIONERS PLUMMER & LACASA TO MEET WITH BEER DISPENSING FIRMS. Mayor Ferre: All right, I recognize you now. Mr. Lacasa: Mr. Grassie, we have been hearing rumors that Mr. Robbie is con- sidering the installation of equipment to distribute beer in the Orange Bowl which is different than the one that we have specified in the contract. In other words, my understanding is that he is down grading the quality of the equipment and consequently the quality of the services that he has contracted for before this City Commission to install in the Orange Bowl. Would you give us a report on that? Mr. Grassie: Certainly, Commissioner. If you recall, at the last meeting I presented to the City Commission a written description of the improvements that were planned for the Orange Bowl. With regard to the beer system itself,,` concentrating only on that, after the signing of the last agreement, the one that was authorized by the City Commission, what we have asked the Dolphins to do is to come up with some specific recommendations as to how they would make those improvements and basically their response to us was this - well, since I see you're asking the question let me try and answer it, Commissioner Plummer. You know that they have the responsibility for paying for and mak- ing the beer installation. They obviously have to have some engineering drawings and they have to put all of that system out for purchase and con- struction. Now what we asked them to do was to inform us before they went forward on what they proposed to do. Mr. Plummer: No, sir, I'm sorry.I have disagreement with that. Mr. Grassie: Well, you'.may not like the answer but that is what -we have done: What I'm reporting to you on".... Mr. Plummer: Well, what you 'have =done,maybe isn't right.and maybe that is,=, where the problem is and maybe it needs correcting now11 . Now, as I understand there is no latitude that you have or Mr. Robbie has other, than that which, was put before this Commission and approved of a'so-called..system,that;was,.the. only system and nothing else could work and that was a.system.very well ,out" lined for $330,000 and I don't know of any latitude that anybody has ao:negot iate anything other than that system nothing else. We were told by, e ` administration no other system could work. Mr. Grassie: What you were told, Commissioner, was that in'a meeting,;that had with the representatives of the three major, beer distributing:comp`anies`, and this is about a year ago, the conclusion that they 'came'to was.the best way to serve the bowl was through a pumping system. Mr. Plummer: Agree. Mr. Grassie: We have since had our department, the Stadiums and D9arinas Department, and the person specifically of Mr. Jennings, go backto'all the stadiums that have these systems.... Mayor Fer.re: I don't understand what _we'reitalking about, we discussed all of this and we realized that we were not going to, a mechanized system it was going to be a manual system. What's the problem?' Mr. Grassie: Well, I think; the problem is that apparently 'at:le11. ast Commis sioner Plummer has not accepted that answer. Mr. Plummer: Excuse me, I did not bring this matter up. Okay? 'Let's have that understanding. And I had no prompting to my fellow colleague of Ibringing this matter up. But I'- fail'to see where there was any latitude in what the decis- ion of this Commission was. 36 MAP, , 19 1980 0 0 Mr. Grassie:..Well, Commissioner, that's why I got about 5% into my report that I'm trying to give you and you interrupt me. 'You know, I'm trying to tell you. Mayor Ferre,- I was theonethat interrupted.'I Mr. Grassie: I'm trying,'to explain to you,what the background was so that we can determine towherewe are right now. After that report that I gave to the City Commission, and the reason that I gave you that report was that the answers that we were getting back both from our own staff and from the people who were advising the Dolphins were that we should reconsider our initial recommendation and our initial conclusion. That's what they were telling us. Coming back to us, they were saying, "You need to think about this again." At that point I brought the report to you so that you would be informed before we did anything. Now, you have to realize that we are on a - everybody, not only the City but the leaseholder, the Dolphins - are on a very short time- table because both we and they are committed to get some very extensive improve- ments accomplished by the first of July. I brought that report to you so that you would know as much as we knew about what was being recommended to the City. And I asked for your opinion at that point. At that stage where we ended up was that we had to make an interpretation of what the contract required and the phrase that had to be interpreted was the phrase "a pumping system" and you turned to the City Attorney and you asked for his opin_,:.,. Now I believe, that you have his opinion. And what the opinion of the City Attorney says is that that phrase must be technically evaluated to determine whether or not the system which is being proposed for installation, in fact, falls within the broad language of that contract -Because the contract does not say that a Perlic System is going to 1_-.: installed. What it says is that a be -or pumping system is going to be installed. Now, we have two basic questions, one is the system thL,,: is proposed within the context of the language of the contract and it seems to me the second question that. we have is the one that I was try- ing to bring up to you for a policy decision the last time we met and that is" what's best -for the City - what do we really want? Now, I thought that wehad come to some, that you had come to a conclusion on the question of what's.best for the City and that was that considering cost and considering recommendation. of our.own staff and considering recommendation of the proposed concession- aires for the Dolphins that those considerations indicated that we should modi-- fv some of the things that we thought previously with regard to the perlic sys- tern., Now if that is your policy conclusion then the only question that remains is do we legally have the right to do it under the existing.agreement or do we have to go back and change the wording. What the attorneyis saying to you, what he has said to you is that is something; on which you need to get a tech- nical evaluation and a technical . report.which I,propo se to do, I would propose to get that for you to see whether we are in compliance. But I understood that you had established the policy.�'_�.-of what's good.for the City and now. you have a legal answer, what You, still need is a technical answer. Mr. Lacasa: Okay, but now goingback to the main situation here which is, what is,'best for the City." '-What is best_for .the City is in the long run, what for the"peop people at will be buyin the beer as f r as he is goingto.be best 1 'h 9 a t system is concerned."In:,Pther, words, we'Y'ant to:, insuie that.the beer that is_` going to be sold ,at,_the :Orange -Bow1,gets to the customers at the right.te er- ature in w the right:condition. .,.:,Originally YOU were.told...;. I Mayor Ferre: I'll drink to that. Mr. Lacasa: Good. Originally youwere told by, -according to -your -own state- ment, by three major beer ,distributors,that,.the,b,est system,was to be..the' pumping system. And ,accordingly, ,the _ ,contract was drawn'.' -with, the, Dolphins, is on that basis. Now,:,Mr. Robbie was .the 'b e, Joe 'that originates this change. , h s d e t , Yesbut that changhas been ereArma d Mayor Ferfe: Armando, we'.ve,: di.sussed it hei. e. Mr. Lacasa: Yes, I.know,' but I have my doubts about 'the end result of the discussion and my doubts are based on this.* Mr. Robbie originates the change in the system and we know well that one of the reasons if not the only one as far as he's concerned is the question of the cost. The time that we were con- sidering the 'pumping system the cost %,.,as estimated at $330,000. Nowadays on account of the inflation probably this cost according to Mr. Robbie has sky - rocked to $440,000 and he does not want to be in the position of having to spend an.additi.onal $110,000 obviously. So now he comes with this other alternative and we have the recommendation of the concessionaire which is Mr. Robbie himself and that I have to take with a grain of salt because he is ,-III i"OLOL'u.';t0d Marty and at this particular time what he is looking for is for f;,jviIj(j $110,000 and riot for the best interst of the City of Miami which he has 37 MAR 1 9 1, t never been so well-known as to have at his heart. So then the second recom- mendation comes from our staff. Well, I believe that our staff has the best interest of the City of Miami at heart, I have no reason to doubt that but I submit to you that if I have to be confronted with the opinions of three major beer distributors in this country who are technicians and our honest recommendation based on Mr. Robbie's own recommendations my position will be that I will have to be very sure that these three major beer distributors are so wrong. Because you know what the end result will be, that we will be selling beer at the Orange Bowl which will be a disaster and the clients, the citizens of this area who will be buying the beer will be the ones that will. be jeopardized by this. Therefore, the responsibility falls in the City Com- mission because we are the onethatcontracts with the Dolphins. And I do feel that it is the City Commission, the one that has to make the ultimate decision as to whether or not we want that system changed because regardless of technicalities the concept of the pumping system was the recommendation - of those who should know better because they are, as you said, the three major.beer distributors in this Country. Therefore, the down-grading'of the system should be considered by the City Commission and no other and I for one, "I will be very reluctant to down -grade the, system in any way. Mr. Grassie: Mr. Mayor, I wonder if I could make a recommendation because; I think Commissioner Lacasa has a very important point that he's making? I think that it is particularly important because of the past controversies on this whole question of beer in the Orange Bowl that the City Commission be satisified on this question of what Commissioner Lacasa I think incor- rectly calls the down -grading of the 6ystem and that you particularlybe satisfied on the question of the quality of the product that isgoingto be served. And what I would snrgest to you, if I may, is that the Mayor appoint a committee consisting at least Commissioner Plummer and Commissioner Lacasa and that I gather together the representatives of the three beer companies,; the prospective concessionaire for the Dolphins, our own staff and anybody: else whom Commissioner Lacasa may wish to have at the meeting and that we ' simply talk about the pros and cons of the available systems and-thatwe do:,.,, that within the next week. Mayor'Ferre.: Any other comments?; Do you, want to say `anything? Mr. Carollo: I'd,,just like to remind ;Commissloner. .Plummer of.the comment =_ that somebody made at the Zoning P4eeting last night about booze and funeral, homes or something like that. Mr. Plummer: Yes, Joe' I wanted to tell them last night that,there is a. big difference between.'being dead, and 'dead drunk. Mr.. Plummer: Mr. Grassie and Mr. Mayor, I would love to do such but I will not be here for the next week and I do not want to delay the process. t 38 MAR 1919g0 Mr. Lacasa: Well, we'll have to wait because I am not going to be here next Meek -either, I'm leaving Monday. Mr: Grassie: Well, I have a practical problem. Mayor Ferrer Well'look,.I'll tell you 'how _to solve the practical problem.` I want to tell you personally, I want to just make a statement to Plummer and Lacasa.' The City of Miami can simply not afford to be a guinea pig or the experimenter on'a new beer pumping system. The pumping system that was in- stalled by Budweiser in the Tampa Stadium and in other places has not worked. Now, we know that from Budweiser and as far as I'm concerned and when I was ;a kid and I went to Yankee Stadium I saw those guys going around with the beer, in the little box and you'd ask for a beer or a Coke and they'd pour it out,: and I don't think anybody is going to improve that system. And the coldest;; way to keep beer is to keep it on ice and to go from the ice to the cup and drink it. There is a problem with beer. If you lower the temperature lower than 37 degrees it has a problem - you cannot pump beer at a - you cannot technically pump beer at a lower degree than 3.7. The perfect beer temperature, when it is served should be 39 degrees to 41 or 42 degrees. You cannot pump it and Budweiser who sells more beer than anybody else in the world has found that out and, therefore, they are not recommending anymore pumping install- ations. I'm not about to be a party to some fiasco because >-omebody wants to, you know as a matter of fact when you wanted and Robbie wanted to put that pumping system Humberto Hernandez who was here, I'm sorry he left, with John Lasserville, got some guy from Chicago to come down and explain the whole thing and that man said, "You're crazy, there is no way to pump beer. Okay? You cannot pump beer. See if Hrm;:,erto is around, maybe he can tell us the name. Humberto, como se l.lamai)a el tipo ese que to y Johnny trajeron de Chicago? (INAUDIBLE RESPONSE) He's the administrator for the Chicago Stadium. yl segund yo recuerdo el le dijo a Johnny que la cerveza no se podia bombear a menos de 37 grados y que el problema es que si se bombea a menos de 37 grados que se fastidia la cerveza. We were told by the administration.... Mr. Lacasa: The funny thing here, Mr. Mayor, is that when Joe Robbie` wanted the pumping system whatever 'the Chicago man _was saying was not; good. Now that Joe Robbie wants otherwise it happens suddenly that Budweiser and every- body else comes with the right decision. We were told here by the.administra- tion that they have been told by the three major distributors of beer here that that was the system to.be installed. At that time Joe Robbie wanted that,, so beautiful. Now Joe Robbie doesn't want it, it's different now. Mayor Ferre: Commissioner Lacasa, may I ask you 'a question? 'Are you;: con= cerned about beer in the Orange Bowl and the welfare.of,the people.that are' going to be consuming it and".the people,of Miami or are ,you ;_concerneId about'' Joe Robbie? Mr. Lacasa: I am going to answer that,",.Mayor Ferre, and ,ifyou: remember well. it was my concern at that particular time that saved the,.Ci,ty.of Miami $330,000 in the installation of the equipment because at that particular• time..Joe.Robbie wanted us to pay ;for the installation of .the equipment, and I was,the deciding vote in that long: standing situation between Robbie...`. Mayor Ferree Fine. Mr. Lacasa: No, I haven't finished. :...between Robbie and ourselves and.;it was only when Joe Robbie accepted to pay. the $330,000 that I didj,go for that So if I had not been that concerned I;submit'to you, sir, that we would be $330,000 short nowadays. Mayor Fer.re':' Now answer my question. Mr. Lacasa- So l am answering your question by'saying that my, concern is„for the City of Miami which is not always the concern of Mr. Robbie'.so we, 'have: 'to" very carefully watch that. Mayor Ferre: I agree. Now, if the expert that Johnny brought down from Chicago tole] us that the only that we could; serve beer is by serving it man- ua.11y and that evidently is the conclusion of Budweiser that is the conclu- lion of everybody else the fact that Joe Robbie 'is involved in it tome is, completely incidental. I could care less what Joe Robbie thinks or doesn't. think. The fact is that now Budweiser. and Schlitz and Miller or whoever. have come to a conclusion that you cannot pump beer 250 feet into the air. Now, if you find somebody that can come here and tell us that it can be done show us where it's done and. I'm perfectly willing to.... r.t 39 M��° 9 1980. 6" c 0 0 Mr. Carollo: That's what I.was going to request. That's what I want to request. Mr. Humberto: (CONTINUES TO SPEAK IN SPANISH). Mayor Ferre: Alright, in the meantime until we get some kind of a translator, the statement that Humberto has just made was that he wanted to and made a bid to serve beer in the Orange Bowl, that his bid was lower... I mean, was higher for the City of Miami and that given by Robbie as was another one which he named... who's other? Mr. Lacasa: Jerry Catering. Mayor Ferre: Jerry Catering also submitted a bid which was higher and that he was willing to... and the system that we are adopting now was the system that he was going to use. Does that cover it more or less? Mr. Plummer: You lost something in the translation. Mayor Ferre: Alright, Mr. Alfonso, you seem to be very interested in this. Are an interested party? Mr. Alfonso: No, I am not, but I am a concerned citizen. Mayor Ferre: Ok, why don't you then interpret what he said. Mr. Alfonso: Mr. Mnvor, I interpreted that Mr. Johnny Lasserville, when ne came here he was offering the City more revenues. He is willing to pay more percentage because and the only thing that he was turned down because they changed it to the pumping system. That was one of the main reasons that they gave it to Robbie. Now, they are going to change to another thing and why they don't give it to the other guy? Mr. Plummer: Yes, but that's not true. I... you know,... (COMMENT INAUDIBLE) Mr. Alfonso: Why are they going to change to another system. That was the main selling point of Mr. Robbie. Mr. Plummer: Alright, you know, the thing that I find very ironic is that the very system now that is being proposed is the same system that was proposed by Jerry's caterer's at no cost to the City, no longer than a one year term ut forty-five percent return to the City instead of thirty-two and a year ago we were told that, that system couldn't work. Now, for some reason that system will work. Something doesn't hold true. Mr. Carollo: Could it possibly be Mr. Grassie, that if indeed what Cormissioner Plummer is saying is true, that reason might be additional dollars in Mr. Robbie's pocket instead of the City's where it should go to. Mr. Grassie: Well, Commissioner, I guess we have been talking about this. business for so long. that we tend to forget what has happened. One of the things that is different about the proposal as I understand it which is in front of the City right now is and the key element of it is that elevator equipment be built as a permanent part of the stadium and that, that elevator equipment is what makes it possible to transport beer to the higher levels of thu stadium, without which the vending system, that is the stand vending system that is being proposed in fact could not work. So it is true that the system as was then proposed by Jerry's Catering would not work in the sense that it would not serve all of the stadium. It would work in front of the stadium, it would have worked in the lower part of the stadium, but it would in fact not work in all of the stadium. Now, that was all discussed about a year ap;o and we tend to forget. And we also tend to forget why some of these proposal: weren't considered. The City attempted to consider them, in fact the Dolphins took us to court. The court concluded that we did not have the right. We did not have the right or the legal ability to consider any of these proposals. Mr. Plummer: For one year. Mr. Grassie: At the time that we were talking about, which is the important thing. Now, as a subsequent... after that court decision, as a subsequent determination of at least the majority of this Commission, the City Commission determined that as part of the package of entering into all of 'the contracts with the Dolphins that one of the things that would happen would be that ,we would settle the question of concession. Now, it is that'sequence which involves the existing agreement, involves a court case and'involves'a determination that was not only a determination of beer, but also adetermination of all the leasing concession agreements with the Dolphins, that led us to the position that we are in. Now, the only question that's.,in front of. us at this point is at this stage given our commitments and theirs what is best 'for the City? How can we get the best situation? That's what we are trying 'to acheive. Mr. Plummer: I think aside for the.highlight,;I read in'the paper the other'. day and we were supposed to have a report back to this Commission that there is presently a move under ''foot in Tampa Stadium because of the problems,', created by the selling of beer -to remove the sale of beer from the>.Buccaneer Stadium. I think that's an interesting side light. I still would >like to see Mr. Grassie, a report: which was requested by the Commission that -.if an problems were or were not created by the sale of beer, we.were'to'know;about it on a reporting basis and I have not seen any kind of report pro or con and I think it's to this Commission is long over due. Mayor Ferre: Any further action on this item? We have Mr. Labaw who has been patiently waiting since 9 o'clock and Dick I apologize, but we had these items the Commissioners �.a. 14. APPOINTME?IT: FLORIDA NATIONAL BANK OF MIAMI AS SUCCESSOR TRUSTEE PARKING FACILITIES REVENUE BONDS-1980 DEFERRED TO LATER - SAME HEETING. Mayor Ferre: You have a resolution before us authorizing the Off -Parking Board of. the City of Miami to take the final step prior to the City's issuance of parking facilities, revenue bonds of the City of Miami, namely a negotiation of a private sale of said bonds. Do you want to explain that?< Mr. Labaw: Yes, sir. Mr. Mayor, ,thank you, very much. Mr. .Mayor, previously the Commission took action authorizing us to proceed towards the.sale of-, an 8.725 million parking facilities revenue bonds. ,' We. have taken `construction bids and we already havethe construction bids in: and... Mayor. Ferre: Construction bids for what? Mr. Labawc It's for the 'parking garage, 'sir. Mayor Ferre: For which parking garage? Mr.'Labawt -The. new, one that we are... Mayor Ferre: Is that three?." Mr.. Labaw: eSir, it would be..: Mayor Ferre: You have to explain things you know, people...,it's hard to guess. Mr. Grassie: The addition which is adjacent. to the parking..' Mayor Ferre: I know, I know, but I: want";him to, say it into the record. Sir, I'want,you,to,tell me is 8.7 million dollars. s going to'be sent all of it in"one parking:garage? Mr." Labaw: No', "sir, ,not :all of: 3t. Mayor Ferre: Well,, then explain it. i g1 s s 12 MAR 19 1980 ,., ,R� MAR � 9 ��$� .t1.t �� Mayor Ferre: Well, we �.i.ii be gone hopefully before that. 15. BRIEF DISCUSSION: "SUMk1IT" MEETING ON FUTURE OF ORANGE BOWL. Mayor Ferre: Mr. Grassie, before we break up Armando Lacasa just mentioned to me that there was a... that there was some kind of a meeting for the Chamber Commerce about stadiums and... what's this all about? Is this the so called summit? gl 44 M�^,n 1 0 11980 e w 16. PLAQUES, PRESENTATIONS, CERTIFICATES OF APPRECIATION AND SPECIAL ITEMS. 17. ESTABLISH RATES FOR AMATEUR & PROFESSIONAL ATHLETIC EVENTS MIAMI BASEBALL STADIUM FIRST AND SECOND READING ORDINANCE g1 46 MAP. -1o „�� MENT THAT PROSPECTIVE USERS MAKE NONREFUNDABLE CASH DEPOSITS; FURTHER ESTABLISHING RATES FOR AMATEUR AND PROFESSIONAL ATHLETHIC EVENTS AND BY REDEFINING "SPONSOR" AS A "USER"; CONTAIN- ING 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. i Was introduced by Commissioner Plummer and seconded by Commissioner Gibson, s 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 J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Mr. Carollo and Vice -Mayor Lacasa Whereupon the Commission on motion of Commissioner rlur:nner:and,seconded by ` Commissioner Gibson, adopted said ordinance by the following vote- AYES: Commissioner J. L. Plui-ner, Jr. Commissioner (Rev) Theodore R. Gibson Mayor Maurice A.'Ferre NOES: None. ABSENT: Mr. Carollo and Vice -Mayor Lacasa SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9078. 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. 18. INCREASE GENERAL FUND FOR: INTERNATIONAL FOLK FESTIVAL CHILDRENS THEATER PERFORM-A-THON LITTLE HAVANA FIRST AND SECON-D FIWANIS CLUB CHOPIN COMPETITION ST. 'FADING ORDINANCE PATRICKS DAY PARADE EXTERNAL AUDITING FEES Mayor Ferre: Take up Item 6, an ordinance... moved by Plummer, is there a second? Rev. Gibson: Second. Mayor Ferre: Seconded by Gibson, further' discussion, read the ordinance. Call -the roll. AN ORDINANCE ENTITLED - AN ORDINANCE A`IENDING SECTIONS 1 AND 5 OF ORDINANCE NO. 9000, ADOPTED OCTOBER 17, 1979, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1980, AS AMENDED; BY INCREASING THE APPROPRIATION FOR THE GENERAL FUND, SPECIAL PROGRAMS AND ACCOUNTS, BY $95,075, CONSISTING OF $45,075 FOR CERTAIN QUALITY OF LIFE PROGRAMS AND $50,000 FOR EXTERNAL AUDITING FEES; BY INCREASING THE APPROPRIATION FOR THE LAW DE1PARTM1_,'NT BY $25,000 FOR A SPECIAL MUNICIPAL PROSECUTOR; AND BY INCREASING ANTICIPATED GENERAL FUND REVENUES, LICENSES AND PER`tITS, BY $1.20,075 FOR THE AFOREMENTIONED PURPOSES; CON- TAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND DISPENSING WITH THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF €; ]. F�, , 1n0r'. 19. INCREASE APPROPRIATION FOR BOARD OF COMMISSIONERS ACCOUNT FIRST AND SECOND READING ORDINANCE. Mayor Ferre: We are now on Item 7. (BACKGROUND COMMENT OFF THE PUBLIC'RECORD)` Mr. Plummer: Yes, that's exactly the point I'm trying to drive home, that g1� ,_... �Y.'n'�4_--_____—_ _. ... _.. ..__ li. :a.:. ... .�►. — — — Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Gibson, adopted said ordinance by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None, ABSENT: Vice -Mayor Lacasa SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9080. 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. 20. FEES FOR PLUMBING, BUILDING, ELECTRICAL, MECHANICAL INSPECTIONS - Providinc; fees shall not exceed F.S. 1�99. OHL :Mayor Ferre: Alright, we are on Item 8 on first and second reading,. Now, what is this? is there any problem with this? Anybody have any problems with it? Mr. Plummer: I move it. C on Item 9, this is the fourth time this thing has the fifth. We all know the issue, does anybody 21. REDEFINE RESPONSIBILITY OF DEPARTMENT OF LEISURE SERVICES FIRST' READING ORDINANCE. Mayor Ferre: Alright, come up before us. Or want to move it? Mr.Plummer: Well " Mr. Mayor >let me take,exce tion wit P .. what y.,u ady . gl 2 MAR, 191980 0 a Many things that we passed in a budget back in October and we appropriate monies for, not necessarily do we implement all of those things and subsequently during the year we do reappropriate monies which are not used when we find that they are not necessary to be used. The creation of departments in fact, whether anybody likes it or not does cost additional dollars. ldhen ycu stop and take into consideration if nothing core, by new directors you have an increase in pension. Each department director has something that a regular employee does not have and that is the one percent executive pension bonus, then you have to go into staff, you have to go into stationary, you have to go into supplies, you have to go into automobiles and all of that. There is a difference in cost as far as departments being created, there is no question in my mind. Mayor Ferre: Alright, what's the will of this Commission': Mr. Grassie: Commissioner, I'm not going to spend anytime arguing the point, but in fact, you are simply incorrect. Our total cost for the two departments is less this year than the total cost for the department was last year. Mayor Ferre: Alright, Father Gibson moves, is there a second'. Mr. Carollo: Mr. Grassie, what is the amount of money that you claim we have saved in this projected budget for this year over the previous year? Mr. Grassie: The differenr&? There is approximately an eight percent reduction in our overall cost. I don't want to mislead you, not because of this spl.i, brit_ ,h,:re is an overall reduction in our costs. The reason for the split is strictly to improve the administration of the City, simply because it ;rakes more sense in terms of the way we run our business. That's the only reason for doing it. Now, in addition to that, in addition to operating in my estimation more effectively and having a much better staff in terns of maintenance and design of parks than we had before, in addition to that we have also cut back our costs, because we have cut them back in " every department. Mayor Ferre: Ok, alright, let's do;it this way. Let's just have first reading today and that will give you one more time to think about it, ok? Mr. Carollo: I will second that on that condition. Mayor Ferre: Alright, on first reading only, ok. Mr. Knox: Alright, Mr. Clerk would you please eliminate any reference to dispensing with the requirement of reading on two separate days. Mayor Ferre: Call the roll. AN ORDINANCE ENTITLED: AN ORDINANCE AMENDING SECTIONS 3 AND 4 OF ORDINANCE NO. 8814, ADOPTED JUNE 13, 1978, WHICH CREATED THE DEPARTMENT OF LEISURE SERVICES BY REDEFINING CERTAIN FUNCTIONS AND RESPONSIBILITIES OF SAID DEPARTMENT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Gibson and seconded by Commissioner Carollo and passed on its first reading by title by the following vote- AYF.S: Mr. Carollo, Rev. Gibson and Mayor Ferre. NO]-'S: Mr. Plummer. ABS1?Mf: Vice -Mayor Lacasa. T11C City Attorney read the ordinance into the public record and :111110uinced that copies were available to the members of the City Commission and to the public. K1 r i.l 22. AMEND CH. 2 CITY CODE - CHANGE NAME TO "DEPARTMENT OF PARKS" Mayor Ferre: We are now on 10 and it's the same thing. Let the record reflect that comments on 9 are the same for Mr. Plummer on 10, I assume. 23. CONFIRI PRELIMINARY ASSESSMENT ROLL - FASHION HIGHWAY IMPROVEIIENT H-4381. Mayor Ferre: Yes, we are now on the 2:30 items, public hearing regarding t}le confirmation preliminary assessment roll for the Fashion Highway Improvement District H-4381. Is there any member of the public that wishes to speak on this item? Item 3? Mayor Ferre: Seconded byiGibson, further discussion, call the roll: g1 MAR 1' 9 i98Q 5-4 24. )DBJECTIONS TO ACCEPTANCE OF COMPLETED CONSTRUCTION OF ALLAPATTAH SANITARY SEWER IMPROVEMENT SR-5433-C gl Mayor Ferre: Ok. So we are finished with 4, Is that it? Mr. Clark: Yes, sir. 25. CONDOLENCES - DEATH OF DR. BEN SHEPPARD Mayor Ferre: Item #11, alright, Mr. Plummer moves and Father Gibson seconds... deepest sorroW Lo the family of Dr. Ben Sheppard. Further discussion? Well, into the record I might just say that I think the loss of Ben Sheppard was a tremendous blow to this community. He was one of the kindest most generous hardest working, most dedicated selfless people. The poor man got battered around by the Miami Herald long enough this year. I'm not making any accusations of anyLisiLib, ...., Am was certainly a man that had a... had his fill of problems in this last year. But there has ever been a public servant that deserves praise. That man was a juvenile judge, he was a doctor for children, he was a doctor for invalids. He had a drug program. He was head the charity program for the Catholic Church and he was on the School Board. And there was a time when he was doing three or four of these things at the same time. How he ever found time to do it was beyond me, but God rest his soul and he was a great man. Call the roll. RI 0 0 26. CONDOLENCES - DEATH OF EDDIE BUNN Mayor Ferre: Item 12, you want to move that, Eddie Dunn. 27. CERTIFY AND CANVASS RESULTS OF SOUTHERN BELL TELEPHONE FRANCHISE ELECTION HELD ;•LARCH 11, 1980. 57 MAR ? 9 1980 (riere;toJ.iows boay of resoluzion,-omiLLea nere auu uu-ille, 28. REQUEST APPROPRIATE CERTIFICATES OF APPRECIATION FOR MEMBERS OF THE FIRE DEPARTMENT FOR THEIR HELP CONCERNING SUCCESSFUL PASSAGE OF THE SOUTHERN BELL TELEPHONE FRANCHISE ELECTION. Rev. Gibson: I move the motion of appreciation. Mr. Plummer: Second. gl 9 MAR 9 1080 29. EXECUTE AGREEMENT - ACCEPT STATE GRANT FOR "TRADE FAIR OF THE AMERICAS" g1 30. EXECUTE AGREEMENT - ACCEPT METRO GRANT FOR "TRADE FAIR OF THE MiERICAS" Mayor Ferre: Take up 16. Mr. Plummer: 15, happy to move it. Mr. Carollo: Mr. Mayor I would like to defer this for when we have a full Commission present. ;I . li;•:FI:k APPOIN-P,I:NT TO ZONING BOARD TO MARCH 31, 1980 '10 W'. APPOINTED ON THAT DATE Mayor Ferre: Take up 17. I will tell what I think we ought to do since we don't have a full Commission on 17, in addition to which Mr. Grimm I would like to take up the vacancy in the Zoning Board and the alternate at the same time. I think we should... they should. As a matter of fact, I think when you schedule it I would like to request that: this be deferred until the 31st and that when you schedule it on the 31st that you`put the alternates first and then the main member of the... the missing member of the Zoning Board. Any problems with that? Do you need a motion or not? gl -S1 1 .,-; '198U Mr. Carollo: The only objection will present is that if before we are done with today's meeting, if Commissioner Lacasa returns, I would like to take all these things that we passed up again, if it's possible. Mayor Ferre:' On `whichone, 17? Mr. Carollo: 17. and 161 and anything else that might,be held back.; Mayor Ferret Well, what Ism saying Joe is.that .I would like to`do.both the. Zoning Board member,and the alternate at the same time. And since that!s,not before us today we have to wait until>the 31st. Mr. Carollo: Ok Mayor Ferre: Now, do you want to take it up today? Mr. Carollo: We will take 'it up' next week then.' Mayor Terre: Ok Mr. Plummer: Are we talking about the alternate? Mayor Ferre: Yes, I think we ought to do both of them at the same time. Mr. Plummer: Oh, .I have "no problem M.r: Mayor, I'm just concerned the advertising'. ,out You got atime''for tiie readvertising? Mr. Ongie: Yes „ sirwe have already'readvertised for the alternate. Mr. Plummer:, Fine. Mayor'Ferre: We are just extending this over until the 31'st. Mr. Plummer: I have no problem'with.: that Mayor`Ferre: And we are,' ing to take them both up at :the'- same time .ok.. Mr. Perez:. We may need a motion to 'defer on the.:full term:Mr. Mayor. Mayor'Ferre: You want a motion? Alright, Plummer'moves,:,Gibson.seconds, further discussion that this:item,be>brought'up`on the 31st, call" the.roll:. The following motion was introduced by Commissioner Plummer, who moved its hic,4 19 i�$t� 32. AUTHORIZE AGREEMENT - ARTHUR YOUNG AND COMPANY, C.P.A.'s PROFESSIONAL SERVICES Mayor Ferre: Take up 18. You want to move that Plummer? Does that come from your Board? Mr. Plummer: Yes, I will move it. Mayor Ferre: Alright, Plummer moves, Gibson seconds further discussion, call the roll.' The following resolution was introduced by Commissioner Plummer , who moved its adoption: RESOLUTION NO. 80-207 A RESOLUTION APPROVING, CONFIRMING AND RATIFYING THE `CITY MANAGER'S ACTION IN ENGAGING THE PROFESSIONAL SERVICES OF ARTHUR YOUNG AND COMPANY, AS ACCOUNTANTS, FOR THE E\PRESo PURPOSE OF CONDUCTING AN ADMINISTRA- TIVE STULY FOR THE MIAMI CITY EMPLOYEES' RETIREMENT SYSTEM BOARD FOR A PERIOD COMLIIENCING OCTOBER 25, 1979, SUBJECT TO THE TERMS AND CONDITIONS CONTAINED IN THE ATTACHED CONTRACT, WITH $12,000 ALLOCATED THEREFOR FROM CODE 260601-060210 "PENSION TRUST AND AGENCY FUND" OF THE 1978-89 FISCAL BUDGET, AS REFLECTED IN ORDINANCE NO. 8989, PASSED AND ADOPTED SEPTEMBER 27, 1979. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded.by Commissioner Gibson, the resolution was passed and ' adopted by the following vote:' AYES: Mr. Carollo, Mr. Plummer,Rev. 'Gibson and Mayor Ferre NOES: None ABSENT: Vice -Mayor Lacasa 33. AUTHORIZE AGREEMENT - THE EQUITABLE LIFE ASSURANCE SOCIETY ADMINISTR.,%TIVE CLAIM HANDLING FOR CITY OF MIAMI SELF -INSURED INSURANCE BENEFIT PROGRAM Mayor Ferre: Alright, anybody have any problems with 19? Alright, who is going to move it? gl Mr. Plummer: Well, hold it until he comes down stairs. 34. AUTHORIZE AGREEMENT - ALLIED REPRESENTATIVES TO MANAGEMENT INC. and INFORMATICS, INC. CONTRACT PROGRAMMERS on an as -needed basis Mayor Ferre: Alright, take up Item 21. Any problem with that? Mr. Plummer: What's the amount? What's the amount? Mr. Grassie: Thepurposeof this agreement is to provide interim as needed' programming help,`for:the computer, people. Mr. Plummer: I don't find it encompassed. Mr. Grassier' What do we anticipate'the expense for this agreement tb, be.,: Mr. Bill Smith: The maximum on it would.be.about a hundred thousand` dollars. Mr. Plummer:Why? *+r. Ri].1 Smith: Basically because the charges are at twenty ::`an,. hour, on the 'average and.:. Mr. Plummer:` What was pro3eet.or'igina'lly? Mr.. Bill Smith: Hundred twenty-five thousand. Mr. Gary: If I may, that appears`to be a high figure, ;but:during the budgettary... Mr. Plummer:` I hope to tell you.` Mr. Gary: Well, let me`put`it proper prospective for you. ,'During the budgetary process'we discussed the needs of the Computer Department and ,as a result we decided that we:''could cut out about six positions because'we didn't need them on' 'a full time basis and :that... &i Will 1 9 7y8Q 0 0 Mr. Grassie: When we say "we" we include the City Commission in that discussion, you know that was part of the budget process. Mayor Ferre: Go ahead. Mr. Gary: Ok, we assumed that if we hired the six people it will cost an excess of two hundred some thousand dollars and because we need this type programming service only on an as needed basis, we thought it would be cheaper in ternis of cost of a hundred thousand compared to over two hundred thousand to use these services as needed as opposed. to having people on board that we would not need on an on going basis. Mr. Plummer: You recommend it Mr. Smith. Mr. Smith: Yes. Mr. Plummer: This is the best way to go? (BACKGROUND COMMENT INAUDIBLE) Mr. Plummer: Well, now you got problems when you start qualifying answers. You are saying that this is the best way to go? Mr. Smith: Yes, it is. Mr. Plummer: I move it. Mayor Ferre: Moved by Plummer, seconded by Gibson, further discussi'on,,. call the roll. on 21. The following resolution was introduced by Commissioner Plummer., who moved its adoption: RESOLUTION NO.'80-209 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENTS: (1) BETWEEN THE CITY AND ALLIED REPRESENTATIVES TO MANAGE- MENT, INC. AND (2) BETWEEN THE CITY AND INFOR- MATICS, INC., FOR FURNISHING, ON AN "AS -REQUIRED" BASIS, ON -CALL PROGRAMMING -ANALYTICAL -CONVERSION SERVICES FOR THE CITY'S COMPUTER OPERATIONS; USING BUDGETED FUNDS OF THE DEPARTMENT OF COMPUTERS AND COMMUNICATIONS. (Here follows body of resolution, omitted, here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution waspassedand adopted by the following vote: AYES: Mr. Carollo, Mr. Plummer, Rev. Gibson and Mayor NOES: None ABSENT: Vice -Mayor Lacasa :5. AUTHORIZE ADVANCE - $1,800,000 FROM F.P.L. FRANCHISE REVENUES %LEI)FD REPAIRS TO THE ORANGE BOWL STADIUM CITY Co? ii'IISSION 'I'D APPEAR BEFORE COUNTY COMMISSION TO DISCUSS Mr. P]um111er: Mr. Mayor, T have got to ask that this matter be deferred. It is my understanding that yesterday once again, Metro deferred this item and you know, somebody is playing games with somebody. Mayor Ferre: Alright, well, go ahead.and... Joe you want to explain it? gl G5 Ja � gl 36 0 4 Mr. Plummer: You know, they... if you go ahead and do it... I understand there was some question raised the other day, Mr. Grassie. If we are giving the money why don't we have a say in who is the contractors of doing the improvements? You know, when you start getting that kind of play back and forth, you know, like the Mayor said " they don't have to pay it" and you know, we depend... that franchise money is damn serious money. Mayor Ferre: ,Yes, but improving the Orange Bowl is also... let me... Mr. Plummer: Well, part of that money Mr. Mayor, is in the dedication of the concession stand. Mayor Ferre: Yes, but look, let me tell you something J. L. and T'm not": making an argument for Robbie. God knows that I've... Mr. Plummer: This doesn't really pertain to Robbie. Mayor Ferre: Well, I know that's exactly the point and­Ihave called him. more names than even you have. Mr. Plummer: I have never called him a name, but a 'fine businessman Mayor Ferre: Well, I haven't, I have called him a lot of names. Mr. Plummer: That's the only thing I have ever called him. Mayor Ferre: And I have got no problems with any of this, but the point I'm trying to... J. L., the point I'm trying to make to you is. I think the more and the quicker we improve the Orange Bowl, the better are the odds. One, for Robbie eventually accepting the inevitable which is that we have got to improve the Orange Bowl and forget this new stadium idea and now with interest rates I'm sure that he is further back than ever and secondly,... and secondly, I think we owe it to the people of Miami to go ahead with these improvements. These are important improvements and I think we are dealing with politicians, but I trust their good faith and I think... well, but I do. I really think that you and I and Joe and Lacasa and Gibson can go down there and get five votes, because I think that's the mandate of the people and they may give us a little bit of a hard time and try to use, but eventually I think they will come through and I have no questions... and we 'got to get going with it, so I would respectfully request J. L., that you not move to defer this and that we get on with this. Rev. Gibson: J. L., why don't we go ahead and then if we see that we are going to have some problems, just go and visit them. I think sometimes the reason we don't get anymore than we get is we don't want to go to see... you know, man, it's hard as the devil for somebody to tell me "no" if I see him. But if I don't see him, he say "well, I will call you back tomorrow man". Let's go ahead and pass it and then let's make an appointment Mr. Grassie, that we are going to visit the Metro Commission and we are ,going ; to ask.them about our money. Mayor Ferre: Well, why don't you ask for us to bescheduledat the next following Commission... Mr. Plummer: Well, he scheduled -this, this afternoon, I!'m sure, but we ' couldn't be there. Mr. Grassie: I'm sure that we could probably solve this if you would appoint CnmmittOc or else the whole Commission to act.... Mayor Ferre: I want to appoint the whole Commission in the Committee of the whole, we all have the responsibility. Kov. Gibson That's right, because they want them to say."Fathei,;,you'know that we. are friends", you know,... you got all of them... five of us are friends who are going down. Mayor Ferre: Alright there is a motion then by Fathe.r'Gibson, 'is 'there second? 67 g]. 6 36. ACCEPT BID - ORANGE BOWL REPAIRS - JOIST REPLACEMENT Mayor Ferre: On Item 20... What's the next one? Rev. Gibson: 23. come to decisions andtwhat you you have taken care of all the gl 611a.. oua.savatL�r, lU aU, ;d1 r problems. Item `23? [r. Mayor,: the fact' Ltn that. it what is indred``sixty-fout thousand. The''b: 68 h ink `FAIN 19 1980 0 0 37. ISSUE WASTE COLLECTION LICENSES: ALONSO BROS., ANGEL FAGUNDO, INDUSTRIAL WASTE, LAZARO'S, MILLO, RAFAEL & ROBERTO, JAMF'.S SEFFIE'Ll) AND UNITED SANITATION SERVICE Mayor Fore: Take up 24, which is the issuance of waste collection licenses cu Alonso Brothers Trash, Angel Fagundo and so on. Any problems with that? Plurtmer moves... Rev. Gibson: Second. Mayor Ferre: Gibson seconds, call the roll. gl 13 MAR 19 1980 0, Mayor Ferre: Ok. 38. CLAIM SETTLEMENT: FORREST REYNOLDS Mayor Ferre: Alright, now we are... where are we, 25? Mr. City Attorney this has your recommendation? gl FU MAIN 19 1980 0 0 of 0, N gl 72 0 0 Mr. Carollo: So there is a lot of things here that are just not clear whatsoever, plus maybe in this case the judge felt that there was not enough valid reason to prosecute, but I would like to know also a little,_ bit of the background of this individual. I mean, has he been arrested before for similar charges. Mayor Ferre: Would you mind spending some time on this? Mr. Carollo: I certainly would like to. Mayor Ferre: Alright, would you make an appointment and do that? Mr. Knox: Yes, sir. 39. CITY HALL - FINANCE OFFICE RENOVATIONS - 1980 (THIS P'LyTTER k'ILL APPEAR ON THE AGENDA FOR 3-31-80) Mayor Ferre: Alright, we are now on Item #26, which is the City Hall, Finance Office renovation, Florida Power and Light Franchise will be used as funding. Any questions on this? Mr. Plummer: I'm opposed to it. Mayor Ferre: Mr. Gary, is either one of us going to be affected by :this. Mr. Grassie: The Finance•Department... basically, it's this part of:.. Mayor.Ferre: You want to... who is going to defend this thing? Well; you'. are the... aren't you the A.C.M. on this item?You want to tell us'`why .we need this? Alright, Mr. Gunderson. Mr. Gunderson: Yes, we have as everyone knows been living for many,;,man.y years under conditions which are hardly conducive to work productivity, in the general accounting area. People have no privacy and intrusions; within their work area is constant from any where within the entire bulb pen comprises the area in which they work. What this request is for,is to renovate the entire area back there including the old data processing so ` that we can... Mayor Ferre: Do you concur with this Howard? Mr. Gary: One hundred percent, yes. Mayor Ferre; Ok, is there a motion? Mr. Plummer: Let me tell what's not being said, because I think -it should'l be said. This is staggering and domino theoring other moves.. Ok, for example.... Mayor Ferre: I'm for moving out myself.. Mr. Plummer: Well, that can be, accommodated, we will be, glad to send a transfer company. Mayer Ferr.a: Yes, I would move everybody out. Mr. Pluimner: The... you must be aware that in fact this is moving part of the Publicity out of the Bayfront Park Auditorium. - Now, they don't have any money, but guess where they are moving Publicity to. Not in a City facility, they are going out and renting from the Northeast Building' Downtown, a private building, Mayor Ferre: What does that have to do with this? gI w3 MART* 19 1980 Mr. Plummer: Where is Pension Office being proposed to.be moved,to? Mr." Grassie: We discussing that with.the!two Boards right now`and".." pay, 'you know, a significant amount of money ,for that. We want to get them related to`. that if we can.. , MayorFerre: Is therea motion 'on Item 26? Ok, well... Rev. Gibson: Move. Mayor'Ferre: You moved? `Alright, Gibson moves, is there a second? Is there a second? Is there a second? Hearing, -no second the matter... Mr.,Crimm:' Mr. Mayor? Mayor Ferre: Yes? Mr. Grimm: I would like to throw something into this picture that the Commfssion;might.want to consider and that is that we have a outstanding bid for,furniturethat runs out of 'time. Mayor Ferre: What doea.that have to'do with this? �� 74 MAR � 9 11980 4 0 Mr. Grimm:_. Well, part of this -project is to buy some furniture. 75 rVinr; i I;iG,i 4 Mr. Plummer: In other words, what you are saying is this project is going to be a hundred forty-one thousand plus the seventy-eight thousand? Mayor Ferre: Well, the question still remains, is there a second and if I hear none, then this matter dies from lack of a second Rev. Gibson: Well, now how do you build a new, building? How.do you "get a new. City; Administration Building? Mr. Plummer: That's not, that',s not anything here Father. Mr. Grassier Well, but your question is very relevant Commissioner Gibson because, you know, what we are `doing here is.., after having gone through a budget process in which the City Commission appropriates these monies for these purposes and where we specifically discuss these projects and you know exactly what, the costs are going to :be and we go out and ask bidders' to give us proposals and we give bids on this and we try and do the things that I think the `City Commission has been talking about which is over a long ''period of time, you know, it's going to take five or ten years,' but. over a long period of time to try and develop for you adequate, reasonable,', you know, fairly decent working, conditions for employees, you know with that in mind and recognizing that we.do it, you know, one small step at a time'.. and it takes eight or nine months:to;get anything accomplished around here and being in that process,;now we are at... we -`have talked about this ten` times, if we have talked aboutit once,.and now, you know, when we are at the'last step and the prospect is that if we don't and finally award this', next time when we come rucK to it.itls gping,to'cost us another twenty-five percent. You know, it really makes it very difficult to get anything accomplished. Mayor 'Ferre: Mr. Grassie,:it maybe all very nice, but the fact is a'. motion.` has been made, nobody is going to secondiit. Now, I'm... for the .record I would vote for it, but there, is no use m my seconding- it if`nobody.else wants second it which means that there is only two votesJor this thing here.' Mayor Ferre: We don't have a second so why... 40. APPOINT FLORIDA NATIONAL BANK OF MIAMI AS SUCCESSOR TRUSTEE PARKING FACILITIES REVENUE BONDS — SERIES 19£0 Mayor Ferre: Is Mr. Labaw here? 0 lb i . CGNFIRNI?;G RESOLUTION: APPOINT WILLIAM GONZALEZ JR. ADVISORY COUNCIL ON ECONOMIC DEVELOPMENT Mayor Ferre: Alright, we are now on Item #31. Have we done that? 1 ,� MAR 19 1,980 7 4 C AYES: Mr. Carollo, Mr. Plummer, Rev. Gibson and Mayor Ferre NOES: None ABSENT: Vice -Mayor Lacasa 42. CONFIRMING RESOLUTION: REQUEST METRO TO REVIEW ORDINANCE REGULATING BLOOD PLASMA CENTERS 6 6 43. CONSENT AGENDA. KC MAR 19 1980 ALLOCATING FROM SAID FUND THE AMOUNT OF $3,439.08 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $500.00 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING k- LABORATORIES, AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT a.' WITH SAID FIRM. 43:9 ACCEPT BID: POLARIS E—Z—GO TEXTRON, INC. — 10 ELECTRIC GOLF CARTS.' RESOLUTION NO. 80-225 A RESOLUTION ACCEPTING THE BID OF POLARIS E—Z—GO TEXTRON, INC. FOR FURNISHING 10 ELECTRIC GOLF CARTS FOR THE DEPARTMENT OF LEISURE SERVICES; AT A TOTAL COST OF $16,038.00; ALLOCATING FUNDS FROM THE ENTERPRISE FUND—MELREESE GOLF COURSE; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS EQUIP*PENT. 43.10 ACCEPT BID: HUBERT H. HANSEN ASSOCIATES — PLAYGROUND EQUIPMENT:. RESOLUTION NO. 60-226 A RESOLUTION ,'ACCEPTING THE BID OF HUBERT H. HANSEN & ASSOCIATES FRO FURNISHING PLAYGROUND EQUIPMENT FOR THE DEPARTMENT OF PARKS; AT A TOTAL COST OF $6,085.00; ALLOCATING FUNDS FROM 3RD YEAR COMMUNITY DEVELOPMENT FUND; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS EQUIPMENT. 43.11 ACCEPT BID: KAGAN EQUIPMENT COMPANY — SIDEWALK LITTER CONTAINERS. RESOLUTION NO. 80-227 A RESOLUTION ACCEPTING THE BID OF KAGAN EQUIPMENT COMPANY FOR FUNISHING 350 SIDEWALK LITTER CONTAINERS FOR THE DEPARTMENT OF SOLID WASTE; AT A TOTAL COST OF $35,829.50; ALLOCATING FUNDS FROM THE 1979-80 CAPITAL IMPROVEMENT BUDGET OF THAT DEPARTMENT; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE PURCHASE ORDER FOR THIS EQUIPMENT.. 43.12 ACCEPT BID: SUPERIOR PAPER HANGING — WALL COVERING. RESOLUTION NO. 80-228 A RESOLUTION ACCEPTING THE BID OF SUPERIOR PAPER HANGING FOR FURNISHING VINYL WALLCOVERING AT THE LITTLE HAVANA COMMUNITY CENTER FOR THE DEPARTMENT OF COMMUNITY DEVELOPMENT AT A TOTAL COST OF $7,500.00; ALLOCATING FUNDS FROM THE 5TH YEAR COMMUNITY DEVELOPMENT FUND; AUTHORIZING THE'CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THESE MATERIALS. gl r� L W 44. PERSONAL APPEARANCE: H. WILSON REGARDING COUNTY WIDE TAX CUT PETITIONS Mayor Ferre: Mr. Wilson, the chair recognizes you, sir. Mr. Plummer: Item 10.1. Mr. Wilson: Honorable Mayor and Commissioners, we are not here asking for your endorsement of our petition. We are here for the convenience -of your 6 6 45. DEFERRAL OF CONSIDERATION OF AGREDIENT WITH CABLE TELEVISION INFORMATION CENTER OF THE URBAN INSTITUTE Mayor Ferre: Alright, we are now back to Item 16. Joe? Mr. Carollo: Yes? Mayor Ferre: On this cable television thing, you still want to defer that? Mr. Carollo: I would.like to defer that until we have a full Commission. Mayor Ferre: Ok. gl M R% 19 Joao 83 t about the circumstances that.did prevail you know, were true,,but they are no longer true and what we are looking for... Mayor Ferre Thanks to Jimmy Carter. -Mr. Grassie: Right. But what we are looking for is to.develop something better than the kind of ordinance that any of us can write. You know, any of us can copy an ordinance from another jurisdiction. We are looking for something much better. We are looking for a document that's going to control our relationships with these companies for the next twenty, thirty, forty years. We would like to do it better. Mayor Ferre: Furthermore, let me tell you that there is nothing more important I think today on this agenda, really other than the big items that we have than to get cable television going in Miami. It's a'major source of money for us and it's something that all the big cities in this Country have. Why should Miami not have... (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: What? Mr. Plummer: All in'favor 'of it. I just don't think -we have to reinvent the wheel for fifty thousand dollars;' Mr. Grassie: No, but we do need to get the people who have been in :the process of inventing the recent wheel to do work for us., Mayor Ferre: Well, look, in the meantime, in the meantime, however, I think there is a request, that this item be deferred for a full Commission meeting and ,that's it. You want to add something? Put it in the record. Mr. Merrill: We do have to make some corrections of; what you said in the effect that the fifty thousand dollars you are talking about isn't recoverable. All of the fee that we are going to spend on the consultant is recoverable and it's not enough... the only thing we are talking about is ten thousand dollars to hire the consultant. It's not; going to be spent right away. It's going to be recoverable from the bidding process into the final... Mayor Ferre: Mr. Merrill? Mr. Plummer: Where is the money coming from? Mayor Ferre: Clark.we are going to waste fifteen minutes here uselessly. May I recommend something to you, since you 'are'the one that's doing this; Mr. Merrill, between now and the 31st would you please go and make an appointment with every member of this Commission, including me and explain this to us each, because you know, obviously this is a'lot more complicated than... Mr. Carollo: Mr. Mayor, I would just like to say that I have done some research on this already and from the research that I have done, at least' to me is starting to be obvious the administration has not done enough research on what they are presenting'. Now,; if we would like to open it up for a full discussion I will be more thanhappy to. I'm prepared for it, but as far as anything else, you know, if you have any other suggestions bring it up? Mayor Ferre: There is a motion... Mr. Merrill: Mr. Mayor, I just want to make one point, that you asked me Lo meet with Mr. Carollo. I have called his office ten different times. have becn in hls office fifteen different times and we are just not able to make rime cons ide ration where we can meet either night, weekends, any t tnw. Mayor I`crr'e: Are you going to be gone between now and the 31st Joe? Mr. Merrill: I would like to be able to meet with him. If he has done this research I would like to be able to discuss it with him. Mr. Carollo: I will be out of town for a'couple of 'days of that time only. Mayor Ferre: Well, when will you be back. Mr.Carollo: ;dell, that's the whole problem, G,��''orl 84 'V' U Mayor`Ferre: Now we have done everything but Item 26 .wh ch.I'assume is deferred. Is there, a motion. Mr. Plummer: No, no,"26 is dead. Mayor'Ferre:" No, it 'isn't dead:.._ we made a... somebody made"a"motion and there was no second,to;"it.. ;,That doesn't.kill,, it Mr. Plummer: I didn't hear, a motion to defer.'' Mayor Ferre: 'No,,no, not to def"er it. Gibson made"a motion,to approve and " he didn't, get a second. Mr. Plummer: That's 'right. " Mayor Ferre:" Now, when a mot11 ion is made and you d-on't 11 get a second; you either wait for a"full Commission or; the. item. is. still tabled so aut'omat'ically... Mr. Plummer: Inaction is no action.`" Tlayor Ferre: That's precisely he ,point.' Mr. Plummer: Su unless there is a motion to defer the item; it!s,dead. There .is no motion to defer. Rev. Gibson: Well, why don't"we make s motion"to defer, there we: willhave a full Commission at that time. Is that alright? Mayor Ferre: Technically 'I could just as ;Mayor ask that this" tem "'be rescheduled at the next meeting. Mr. Plummer: That's right. Mayor Ferre:° So I mean that"s'just 'a technicality,`I don't care how you do it. r, �5 f;i ; � 9 1980 NOTE: Commissioner Carollo left briefly. 46. DIRECT CITY CLERK TO SEND TELEGRAM TO THE PRESIDENT OF THE UNITED STATES EXPRESSING CONCERN OVER THE PLIGHT OF THE HAITIAN REFUGEES 1- CA�: AJ- ►0LI11:A/ AIYLu• rOPI /LDCR YJ1•A-IC RLL7t10U�D ►D. iIs." LEADE-i PAVE LAC• CALLED FORCEFULLY ►OR POLITICAL ABTLU- MIT.I4 TYE LAit j PlEP{. U4C OMTAA0ICTCC-ASSIvE EriD[4C[ P►LSENT LD BE OIST0IfT L000T. TME OR;A.11111t) OF APERICA4 ITATIS, T«E {ELECT CC••1S5304 ON 10«I0AT104 ANO PEAUGCE POLICY, AYD U.S. CONG►LIS C040 10«1 0-11110I AOL -POLITICAL., NOT •ECOYO•IC' NEAUGILS BUEJECT TO WERE 0LR5LCUTION. I-PPIIDNRENT AND E.E4 OEAT«. UPON D EPOP1A1104. DAGI COUNTY OFFICIAL{ NAVI RECENTLY 11111/110 IN :00-1 Or A1t0RNEI G[NL AI CIVILITII T«AT FTAPrAt104 13 NO• Tn! PPINA RT YLALTP ►i0%," 1N 1 1 LOCAL BOUT- 1LCRIDS " I T UN [0•-UAIfY. POLITICAL A{T'U. 11 TYE ONLY ►P,CTICAL AND PDPAL SOLUTION t0 T-Lit - INCB.L-{. YANT nAVE CALLED DENIAL OF AIYLU- TC YAITIA43 •A ►RODUCI OF ■ACI1-'. ■E 110IONGLV CALL UPON YCu TS 1APEDIAT[LV 01RlCT A/'CANEY GC NEPAL CIVILEITI TO PEOCISE PIS PAROLE SUI-ONITY TO GRANT SYOUP P,,UDEE S1A14,3• POLITICAL AS TLU- TO IN. -It APPRCRI-ATILT 10/000 nAIIIA4 REFuGIE{ PRLIENILY IN 1«E U.S. R«D {EL• AI+LUP, Sit LAE TYE SEIUGEI BILL LLIPINATLS TOUR AUT-04111 TO OO $O ■nt#, 17 6011 IAITO EAFICT IN SO DAYS - KARCY IB, IBSO, RESPECTFULLY Su101111C, By RALPY G ONDIE CITY CLEAR IN BE-ALF Of TYC CITY 9014016I100 OF 101 CITY or M11011 FLORIDA YAYOA PAURICL A FLARE 1t1oI LBr 14411CONI.060 TO aR. P, AINNGN M Y, RAM"M Wl ,w YIAtn" U.•0NA YOU r,ir /HO.R n.MlAt Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Rev. Gibson and Mayor Ferre. NOES: None ABSENT: Mr. Carollo and Vice -Mayor Lacasa. 47. URGE METROPOLITAN DADE COUNTY TO RF.SIE CH POSSIBLE AVAIL:_BILI'I'Y OF VACANT BUILDINGS TO BE USED FOR TEMPOR:':RY HOUSING FOR HAITIAN REFUGEES. Air. Plu.,m er: Mr. Mayor, I think out of deference... I am sure without question and I never do this, that Mr. Carollo and Mr. Lacasa would want their names added to that vote. Mr. Plummer: Who has the space? I don't ever. know. r NOTE: COMMISSIONER CARCLLO F;:'"ET.I'D TI'1✓ "!'I'"I,'G AT 3:4° +$. INTERNATIONAL FOLK FESTIVAL: (a) AUTHORIZE MANAGER TO NEGOTIATE AGREEMENT GUI L.P. GOVAERT (b) POLICY REGARDING MEETINGS HELD BY THE CO�UIITTEE Mayor Ferre: Alright, we also have a question of the Folk Festival and it is my understanding and I just got... Marie just gave this to me an hour ago, that the Internationa..1 Folk Festival Commission recommended that G. L. P. (:ovri('rt he reta.ined to... as Executive Director of the festival. I think th;it's a good choice myself. 1 got no problems with that. Mr. Plummer: At what fee? Mayor.Ferre: 1%910 waists to answer that from the Administration?; Who:.. Mr. Grassie: We11, the administration attempted to meet with the Committee. and we were asked to leave: their meeting, so that we really can't report to you on that. gl � PEAR 19 1:0c� Mayor Ferre: Who is Fannie Mae Leeper? She is the Chairman Pro-tem. Are you here? Yes, I'm sorry. Why don't you explain this to us. Ms. Fannie Mae Leeper: My name is Fannie Mae Leeper, I'm the Secretary of the International Folk: Festival. Mayor Ferre: Alright, Ms. Leeper, go ahead. Ms. Leeper: The Committee met and we reviewed the various resumes of the applicants for the International Folk Festival Executive Director. We `did recommend one as you see there. We recommended all of them, but we thought this other one was the best qualified, because he has a good background ` in public relations and we attached the resumes and we gave a copy to all the Commissioners as well as the City Manager's Office. Mayor Ferre: Alright, how much are you recommending that he be retained - for? On the same basis as before? Ms. Leeper: Yes, he is the Executive Director... ,,,r. Grassier Well, don't you think we should negotiate with these people? Navor';Ferre: Alright, well, then the motion I Guf_ss wouldbe that G. L. Govar.t be retained and that the'Admin"istration negotiate and return with a contract. Is that it? Mr. Grassie: Yes, I think both in terms of a definition in responsibilities and all the things that you outlined need to be part of the agreement and the cost too. Alayor. Fc-rre: Yes. I see that you lookedatDave Bulki.n too, huh. ,,Is. Leeper: Yes, t,*a... he was there. We invited all of those to the meeting and they came in and they talked to us about the various activities of the: Folk Festival and presented what they felt they could do. The entire Folk Festival that was there and it was a quorum, voted upon them and they decided 'fr. Govaert would be the best. So we made that recommendation. `favor Terre: Alright, well, as I stated to you last time personally, I want to do as much wit1iin the confines of the peramaters that I stressed.; I certainly want to do as much as possible in concurrence with the Board of Directors. So I certainly have no problems with that. Well, what's the feeling of the rest... Do you want to talk on this issue? Mr. Friedman: I am here only to make sure that the City gets it's best deal .n .a1oever it retains in this position. The Mayor said that one reason for gutting, a new director was to e:-:pand the Folic Festival, :rake it better than before, more events and so forth. I was at a meeting where the canidates :"or this position presented thei.r... made a presentation to the:: Comi";ittce? and :`i Govaert said that the tllTte ;.`.,,, short, that they would have to cut out number of events. So if you are :oink; to pay someone eight t:ousand dollars to make it bigger I would just like to make sure the City bets it's ...oney's worth and doesn't reduce the festival. �!ayor Ferre: 0k, do you want to speak that Ms. Leeper? Ss. Leeper: Yes, I will reply to that because after the discussion was made if was put before the Committee and the Committee voted to keep the entire slate as it had been in the previous time and not to eliminate any and that_ as unai�!-mows. ;Sa:>or I offer Ok. Alright, what's the will of this Commission? Mr..P1Weli, I think it would be proper that we make a motion that ays that we scnd to the Administration to Negotiate with Mr.. Govaert outlining the scope• of his services and bring it back before this Commission for approval. Rev. Gibson: Seccnd Mayor Ferre: Thereisa motion and a'secord... I would hope that you would tell them to hr(:iceed`and not sit around waiting until the--3lst to do some work, ok. So in other words, I would expect for them to do some work for you between now and the 31st. Ok. 9 MAFR i 9 i��� Mr. Carollo: Maybe the motion should have a date as.a deadline by when we expect the Administration to hopefully... Mayor Ferre: Ok, I accept that. March 31st9 Mr. Grassie: We are going to bring it back to your next meeting. As soon as we can, your next meeting. Mavor Ferre: Ok? Ms. Leeper: Will we be notified` that.`., in that.`time? Mayor Ferre Yes, Ma'am. Mr. Plummer: You are notified now. Mayor Ferre: Yes, but the time. She wants -'to know.'the time. Mr. Plummer: Oh, the time. Mayor Ferre! We will let you know the time on, the 31st. Right Mr. Grassie? Mr. Grassie: Well, in so far as we can guess that, yes. Mayor Ferre: Well, I mean, you just say when it's scheduled, whether it's the morning or the afternoon. Mr. Grassie: Sure we will do that, no question. Mayor Ferre: And whether it's 9 o'clock or`3 o'clock. Mr. Grassie: There is one other thing Mr. Mayor, that I think we need to take up and that is, I think if it is the intent of the City Commission that the meetings of this Committee be opened to the City's staff and that the City's staff not be excluded from their meetings. I think that you need to make that clear so that we don't have the experience that we have had in the past with them. Ms. Leeher: Mr. Odio... I would like to reply to that publicly. He called and he said that... We knew that we were going to discuss the different ones and we was going to have them come in. We thought that it might be embarrassing to have the different ones in at the time. I did tell him _ that he could send someone in and he suggested another individual that I don't know whether he is on the City's staff or not. But we said we would` rather have him, that he could come in, fine, or send his secretary. I did tell him that. Mayor Ferre: That's a separate subject now. We have 'a motion and a second, you want to call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 80-232 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE WITH MR. GUI L. P. GOVAERT FOR AN AGREEMENT TO RETAIN HIS SERVICES AS EXECUTIVE DIRECTOR OF THE INTERNATIONAL FOLK FESTIVAL ENCOMPASSING THE CRITERIA PREVIOUSLY EXPRESSED BY THE CITY COMMISSION AND DIRECTING THAT SUCH AGREEMENT BE BROUGHT BACK TO THE CITY COMMISSION AT THE M13ETING OF MARCH 31, 1980. Upon being seconded by Commissioner Gibson, the motion was ;passed and ad0pt0d l)v thC� fo.11owi.ng vote: AYI.'S: Mr. Carollu, Mr. Plummer, Rev. Gibson and Mayor Ferre. Nol�.S: ABSF;NT: Vice -Mayor Lacasa. fill W MAR 19 'iyo.) 0 0 6 f 49. E\PRESSION OF CONCERN FOR AMBASSADOR TO COLUMBIA DIRECT CITY CLERK TO FORWARD COPIES OF MOTION Mayor Ferre: Alright, now, I had a phone call today and had a discussion with the wife of the U. S. Ambassador in Colombia, who as you know for the past three weeks has been a prisoner of terrorists who have him as a hostage. It's been three weeks. Mr. Plummer: Huh, no it's longer than that. Mayor Ferre: Three weeks that he has been`a hostage.', Well, whatever. Mrs. Asencio told me ... ,Nancy told me that the Ambassadorisin good spirits, that he is being properly fed, that she is in good spirits, but "that -they are concerned though. They don't want to make a political issue out of this because it shouldn't a political issue, but they thought that... he made it a point yesterday in his daily allowed phone call to the embassy, he told his wife that he felt alone and he thought that it would be awfully nice if he recieved support and encouragement from the American people now and especially from the hispanic community which of course, he is a member of. And lie didn't want to think that he was risking his life in thehands of terrorist in vain niLa he would like very much to know that we are aware of what he is... what he has and what he is willing to sacrifice and therefore, I recognize J. L. Plummer for the purposes of making a motion. Mr. Plummer: Mr. Mayor, I... of course, I have met the gentleman and he is a very close personalfriend of yours and has expressed it on many occasions to me. I really don't know what would be of the appropriate wording to send in a form of a rcommunique. Mayor Ferre: Careful', he doesn't want to make it political. .sir. Plummer: And I would really have to ask you since you spoke with the, wife to phrase something which would be appropriate.' Mayor Ferre: May I recommend that you make a motion to... that 'this "City Conunission goes on record to the President of the United States with' copies to Secretary of State Vance, that we in the Miami community are very Proud of our Ambassador in Colombia of the courage and'.the fortitude that he has expressed in the way he; has handled himself under a very trying circumstance and that we are praying for his safe return to his family and that we certainly encourage the government of the United States to do everything within it's power to assure his safety. And , don't think we can go beyond that; because if we start going beyond that we will do'exactly what he doesn't want us to do. He wants it to be a non -political statement. Well, go ahead and make the motion. Mr. Plummer: I will make the motion or second it, either way. Mayor Ferre: There is a motion and a second... am I This anything? Mr. Plummer: No, I don't think'; you can go any further. I think tha't's as far as you can go.' Mayor Ferre: Ok, there is a motion and a second, is. 'there further on the motion, call the roll`. I'he following motion was introduced by Commissioner Plummer; who moved its adoption: MOTION No. 80-234 A MOTION THAT THE CITY COMMISSION GOES ON RECORD` WITH THE PRESIDENT OF THE UNITED STATES THAT WE, IN THE MIAMI COMMUNITY, ARE VERY PROUD OF OUR i" 1 92 MAR 1., 9 1980 0 0 AMBASSADO TO COLOMBIA, FOR THE COURAGE AND FORTITUDE WITH WHICH HE HAS HANDLED HIMSELF DURING THESE TRYING - CIRCUMSTANCES AND THAT WE PRAY FOR HIS SAFE RETURN+ TO HIS FAMILY AND THAT WE CERTAINLY URGE THE GOVERNMENT OF THE UNITED STATES TO DO EVERYTHING IN ITS POSTER TO INSURE HIS SAFETY. .Upon being seconded by Commissioner Gibson, the motion was passed' and adopted by the following vote: AYES: 'Mr. Carollo, Mr. Plummer, Rev.. Gibson and :Mayor Ferre. NOES: None. ABSENT: Vice -Mayor Lacasa. Mayor Ferre: Mr. Clerk would you please send a copy of this to the White House to the President. Send an additional.copy... two additional copies to the White House. One to the attention of Mr. Robert Pastor, one to the attention of Mr. Hamilton Jordon. Would you also send one.., three copies to the State Department. One to the attention of the Honorable Cyr -us Vance Secretary of State, one to the attention of Ambass.+3;.,r William Bowler Assistant Secretary of State for Lating Ame7ican Affairs and one to Mr. Peter Tarnoff at the General Secretary for the Secretary of State and would you also send a copy to Mrs. Diego Asencio in Bogota, Colombia. Would you also send a copy to ietropolitan Dade County and to the Clerk for the Cabinet and request that they pass similar motions in their`respective,v bodies. Did we vote on that? Mr. On€ie: Yes, sir. 50. PERSONAL APPEARANCE: EMILIO LOPEZ, REDISTRIBUTION OF C. D. FUNDS - WYNWOOD (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Sure. Mr. Emilio Lopez: I'm the Chairman of the Community Development Board of Wynwood. I am here because I was informed this morning`that;you have passed a resolution and you want to amend the housing and`urban development proposal for community Development and we got.some'concerns. And if 1.remember when you about a month ago, two months ago we requested from you and for:you to have a joint meeting and to include us in that ,meeting are here.reading resolution that you are passing that there was a meeting held and we were not informed. And second, you know, that you are also saying that -you are going to give to the Wynwood area fifty-five thousand dollars for the child development project upon evaluation of our sister program and think., that some where, somehow we have missed the boat. We were not informed about this, to the point that yesterday'I called the planner for our area and he wasn't even informed that this was going to happen. I don't know,. if we have fallen in bad times with the people on your staff in which we have been working kind of close, but we will like to find out what's going on. Mayor A:lrlglit, well, there are two thi.ngs... two questions, I can a11Sw01' onu, somobody else will have to answer the other one. ` The first once IS the meeting that was held was held between Commissioner Carollo and I representing the City with our ,respective staffs and there were about four people from our staff present. And the County was represented by Commissioner Barbara Carey and Commissioner, Bill Oliver and their respective staff, Sergio Pareda and two others were: there. .And that's what the meeting was. It was a meeting between the City and the County. It was not a public meeting. The press was there Rl 93 MAR ^ ��'R� 6 f Mr. Lopez: If I remember Mr. Mayor, when we came in front of you and even the County they promised that they will invite us to that meeting even as... just as of service and nobody informed us about this meeting. We requested all the time and we were trying to find out where that meeting was going to be held and nobody did. Mayor Ferre: Ok, well, the meet was as I said between the City Commission and the County Commission with respect to the staff opened to -the press, ,but the public was not invited other than through;;the press. Mr. Fosmoen: And my only reaction Mr. Mayor is that the meeting was called on a fairly short notice because of the difficulty of coordinating four . Commissioners meeting schedules. We posted a notice on the front door of, City Hall. The meeting was called by the County and it was our impression` that the County was going to notify, if appropriate any citizen groups for appearance of that meeting, but we had not intended the meeting to become one of, you know, a public debate on the funding. Mayor Ferre: In fairness to the County, I never understood that they were going to call on anybody. You did? Mr. Lopez: Yes, I remember that the day of the meeting that we had Mayor Clark promised us that we wiii be i.n✓oived. And secondly the other question is you know, we haven't been through the process... nobody,' on the Community Development Board in Wynwood was informed about what was happening and this meeting this morning... Mayor Ferre: Emilio, I thought you were in favor of this. Last time you: had about fifry kids here and all these old people that were sitting around, you know, pressuring just to do this,., Now,... Mr. Lopez: Yes, I'm in favor of... you know, there isstill some programs missing that we are concerned and questioning'the.process. You knowif,,"' " we are going to be... you see, were elected... you told us that we.wanted to participate... we over there, we want to participate..`. you selected..'. we were elected by the community to represent them to you, ok. And we.have come to you many times as representatives of those communities'' to deal with" You some of the things that our staff are doing and'that's.why we want`to come to you. Fine, you are saying that with... probably Coconut Grove and Little Havana and myself thank you, for... if you go'ahead and`give the thirty fifty-five or whatever, but the thing is the process.. ;We are inquiring about the process. We would like to know are we going to be'just what the staff says or are we going to be able to deal with, you or. somebody .about what we think that the community is telling us. This is, what.,my questionis.: There is more than just participating, you:know I have more things and you have more things to do than just to go tand, 'gs it. Mr. Fosmoen: Mr. Mayor, the motion that was passed this morning suggests :that 1. this will be taken back to, community for discussion. Mr. Plummer: But Dick, the point you,are missing is the ,very point that I brought up and I was told this morning -,that, the 'Committees knew about it and11 . were all in favor of it. Mr. Fosmoen: The projects 'were `discussed with the Committees and they supported those projects through the planning process. Mr. Plummer: But you "see, I'm hearing very differently, now.and this is one of the Committee Chairman. Mayor Furr.e: Wall, you are under specific instructions before, .this finalized to }{o to ytC: Your orfim1.ttee and discuss it. Mr. Plummer: Mr. Mayor, may I bring up maybe what was an oversight this morning? Mayor Ferre: Well, we got Mr. Labaw now. Mr. Plummer: Alright, this will take ten seconds. It is my understanding that. the certificate will be issued thanking those people for their help on: the_, bond issue with the Fire Department, some how or another the. name of 'Tony :Wilcox and the retirees were not included and I'm sure that you wanted that to be done and that it should be done. Mayer Ferre: Yes, I think you are correct. V; l .4 MAR 19 1980 j 51. GRANT PERMISSION TO OFF-STREET PARKING AUTUORITY TO SOLICIT NEGOTIATED SALE OF 8.725 MILLION PARKING FACILITIES BONDS-1980. Mayor Ferre: Alright, now, Mr. Labaw and then we are on to our Convention Conference Center. 1 95 MAR 19 'i�U a Mayor Ferre: Well, bond counsel. is different, bond counsel deals with law. I'm talking about underwriter. Now, the question reads very simple and in this difficult market of bonds, is it unreasonable to go to a negotiated placement of an eight and a half million dollar bond for a City or are we really better off. I would rather go through the public bid process and then if you don't get any bidders then you go to negotiate, but the problem with that is that if you don't get any bidders then who wants to negotiate with you anyway. Mr. Grassie: Well, I think that you could get an opinion from Ernesto Pena on the general proposition, not commenting on this specific issue, but on the general proposition of what happens to you when you first go to competitive and then you end up wanting a private replacement. Mayor Ferre: Mr. Pena, if you would come to the microphone and identify yourself for the record. Mr. Ernesto Pena: My name is Ernesto Pena and I'm from Smith/Barney Harrison Underwriters from New York. Ok, I'm not asking you as an agent for Smith/Barney. This is a personal opinion, you as an experienced member of the Wall Street community and as an underwriter. My question is in general terms, not in specific terms. In this market the way it is in your op!uion, is a community like the City of Miami better off in going to a negotiated sale for eight and a half million dollars of bonds or is there any harm done in a public advertising, public bid process? Mr. Pena: There is a... i will just generally make a distinction as to why some are competitive and why some are negotiated. There really are two... well, three reasons. One is because of law, that you have to do it that way. The second reason is because the bond issue is so large that the likelihood of having a competitive syndicate of different groups or firms bidding against each other is unlikely, maybe he will get two bids, but the group will be so small because there won't be that much bond issues to big for Wall Street General to absorb at one time. Mayor Ferre: No, that's not the case here. Mr. Pena: And the other reason you would not want to go competitive is when you have a fairly unstable and uncertain market condition which is precisely where we are today. The risk of going ahead with the competitive is that if you fail, then that's the only other option you have is to go negotiate it and now you have in effect set the bottom for the negotiated deal, so that if you fail and you have no bids or the bids are too high and you reject those, then when you go to negotiation the likelihood of getting a better deal is unlikely. Now, the benefit you have of choosing to go for negotiating is that there is still some risk that the underwriter is going to take and he still is making a judgement as to well, whether he will be able to make a profit on.it or not. Mayor Ferre: You mean, on a bid basis? Mr. Pena: On a negotiated basis. Mayor Ferre: Well, then I'm sure that's built in, isn't it? Mr.. Pena: Well, it is built in, but at least he.".. you know, he cam have`the market go away from him within the time that he puts in his bid to the time he actually sells it. Mayor Ferre: Ok, I... That's a very valid... very valuable point. Mr. Labaw is the underwriter that you are dealing with going to guarantee that he is going to come in with a buyer? Mr. Labaw: Sir, we haven't contacted anyone yet. We were waiting until after your action today and then we would be contacting in fact, we would probably; even he contacting this firm here Smith/Barney to see if they would be interested. We wcnild like to get two or three bids as I said, four bids to come in. Mayor Ferre: Yes, well, let's make very sure because I don't want to get... I don't want to get Smith/Barney in trouble now or.... You have not discussed this with Smith/Barney? Mr. Labaw: We have not discussed this with anyone. Not even with smith/Barney. No. gl n 0 0 Rl 97 MAR 1 ,v -Wo d for... Marshall are you here as a citizen today? Can I ask you a question as a citizen? You are a. resident of the City of Miami aren't you? (BACKGROUND COMMENT OFF THE, PUBLIC RECORD) Mayor Ferre: I thought you lived in Coconut Grove. Well, you practice law in the City of Miami don't you? Alright, let me... you are a pretty good 'conscience` to this community, let me ask you a question if I may. Would you come up to the microphone and identify yourself? You don't want to answer? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: No, you don't have a conflict. Mr. Marshall Harris: I'm Marshall Harris. Mayor Ferre: Marshall here is my question to you. In general terms,'; not anything specific. Given the bond market the way it is today the question is and you certainly served on the legislature long enough to know what public purpose and what open sunshine and all that stuff is all about. Now, Mr. Labaw_'representing the Off -Street Parking Authority and Colonel Mitchell Wolfson feel that the inarket is so bad now for bonds that they can't really go out and put this up for bids, so what they would rather do is they wovid rather go and negotiate it and come back to the Commission and see if they have come up with something that we can live with and they can live with and do it on a negotiated _rather' than a competitive bid basis. Now, as a matter of general principle I think all government money sbc-lu always go to competitive bid process. However, we are in a market where interest rates are at 19% and where the bond market is just completely shot and these people are really at their last string. Either they work something out in the next twenty-five or thirty days or they are going to have to go out and rebid the whole project and start all over again and I'm sure it will probably end costing us more money. The question to you is as a citizen, now in general terms. Do you think there is any justification at all for a government like the City going out and private' negotiating a eight and a half million dollar bond or do you feel as a citizen- that no matter what it is we've got to go out and go through the public bid process. Mr. Marshall Harris: No, I believe... as a citizen I believe that the City has theright and the obligation to be certain that it can get the best rate and -,,that is not always the public rate, very often that maybe the bid rate. Remember,,' Your Honor, it comes back to this Commission to approve whether what was negotiated is a better rate than could be obtained at the bidding process and you are dealing with some people and Mr. Labaw and the Off -Street Parking` Authority that have considerable experience and a very good track record for trying to do what is best. That is a shambles of a market out there, there is no question about that. And I think there are times... I think obviously the preferable way of satisfying everybody is to have it bid publicly, to out in effect into the public market and to have it bid in that fashion, but that can be a very artificial market from time to time and especially when as in the recent past those who were supposed to stabilize that market just dropped out of it completely and abandoned their role in that regard.Very often the, dealing with those who stabilized.the bond market is much more important'... Mayor Ferre: Please, no political statements, now, we are... Mr. Marshall Harris: No, no, no I'm saying bond houses that... No, no, bond houses who were... who's role it was to stabilize that market exited 'the scene.` Mayor Ferro: Ok, I'm sorry. I'm a -little; touchy, I thought you were talking about my President and I was getting upset, but ;that's alright. Mr. }larri.: No, I wouldn't do that. He is my President too, but that ;has nothing'to do with it. There are times in the recent; past where the bond market has, been'in a state that nobody has seen it before in recent history. I think that might indicate that Some alternative approach is appropriate providing 'ito comes back to a public body is aired on a."yes" or "no" basis, not one that ties the Off - Street Parking Authority to taking that negotiated bid. Mayor Ferre: Ok. That's your recommendation? Mr. Grassie, that's:' our recommendation? Mr. Grassier That is correct. gI 98 MAR I 9 i98o Mayor Ferre: Mr. Pena also... (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Harris: One other comment that is a benefit to you in going negotiate is flexibility and that is you know, one of the cumbersome parts of a competitive bid is you have to put out a notice, you have to public it in local papers, give time for syndicates to be formed and you may lose the opportunity to get a good rate to negotiate, because that is a question of just dates. While a competitve deal, this could be weeks before you can make a decision. Mayor Ferre: Thank you, Mr. Gunderson, you agree too? Ok, are there any questions from members of the Commission? Well, what do you all want to do? We got to make a decision one way or the other. Mr. Carollo: I will pass the gavel if I may, to the senior.... Mayor Ferre: Yes, ok. I will move... here Plummer... I will accept the responsibility of moving; it and I move that the Off -Street Parking Authority be authorized to negotiate a... the sale of... how much M-. Labaw? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: 8.725 million dollars as previously approved on a negotiated basis and to come only through. "".-. Labaw, the period of April the loth and that if it is not negotiated by that time and you come back that this matter be brought back to this Commmission, because if this market improves I will not be for an negotiated... in other words, if this market improves with God willing that it does between now and April loth we may not want to negotiate it, but I don't think it's going to improve, so I think you are going to be safe until the loth. So... I so move. Mr. Plummer: Is there a second? Is there a second? Mr. Carollo: Second. Mr. Plummer: Any further discussion:on the motion? Hearing none, call'the roll. ON ROLL CALL: Rev. Gibson: I'm going to vote yes reluctantly, only because of a principle. This I waive my principle on the ground that this may be expedient: Mr. Plummer: I reluctantly vote "no" I think it's setting a dangerous precedent. Congratulations Mr. Labaw. Mayor Ferre: Mr. Labaw you got three votes. I really want to say to you and on the record that I share Mr._Plummer's apprehension, but the way I look at it is this, if we wait and to go through the bid process... you are not going to build that thing now. Your contract which you already have, which was bid wasn't it, I hope. Mr. Labaw: Yes, we received the bids last month. Mayor Ferre: Yes. And you.. there ;was a low bidder that you selected? I doubt very much with the way prices are going and interest are going and everything that any contractor in his right mind is going to stand by a contract for a couple of months. Mr. Labaw: We have him for sixty days and that's all. Mayor Ferre: Yes. And when does the sixty days run out? Mr. Labaw: About the middle of April, that's why I was glad when you gave me... Mayor Ferre: Ok, so if we don't do something like this what in effect it means in my opinion is a rebid of the contract and I guarantee you it will literally cost the people of this community millions of dollars just to way another couple of months. I think special circumstances call for special occasions. And I think what made the big difference for me was Mr. Marshall Harris's words, gl 99 Ml k 19 158 7 52. BRIEF DISCUSSION: REVIEW OF DOCUMENTS Amendment to Lease Agreement -Convention Center Air Rights Lease- World Trade Center Turnkey Contract Mayor Ferre: We are now on Item 27. Mr. Grassie? And I think this is the final. item for today. Go ahead. Mr. Grassie: Mr. Mayor and members of the City Commission, you have in your packet a very large group of documents, many pages which we have-been,working on literally for, months and have gone through dozens of revisions., We are' bringing to you at this point and'we have,a full compliment;of the experts,! the at: tcrnc v�,, the uncle rwi;.i tors,` the participants in the project here to discuss : these" (loriun� nt;; with You. 'flit v are not here asking you to vote on their or pass on them at this t imp . Whrit we wanted to do is to have <this discussion' where you "have, riva i I rtl) l all of the expert opinion behind these documents ta,.give you, an opJ�urtunity o ask questions if that seems appropriate and then allow you another two weak; to look at the documents and whatever small,modifications may come, forth before-vou arc' finally asked to vote on them. We would expect "at the meeting of tlica 31st. Nuw ... htr. Plummer.: Mr. Grassie, let,me ask who is here representinthe Univsof Miami? ty Mr. Grassie: I don't know whether Mr. Barnett is here or not. I would have to gl 100 6 0 look around. He has apparently,_ not arrived. Mr. Plummer: Well, they'got.to be.involved in the total picture, an attect on: the other documents. Mayor Ferre: Listen, 'I, don-,t mean,to lecture this Commission, -.but" don't think this `Commission,has ever been at a more important issue than this Convention Conference Center. I'mean, there are,an awful of of'things :-`So I think'we really have to, be. very attentive and 'very, careful on;this`matter. Mr. Pei: They will do that under contract. R'i98u 6 0 Mr. Plummer: But, if you the franchise holder wishes to move it... 102 , �ViHi1 0 1* g1 103 mwn I J ,,9� 6 0 6 6 53. AUTHORIZE CITY MANAGER TO INFORM CITIZENS OF IMPORTANCE OF ANSWERING THE FEDERAL CENSUS Mayor Ferre: Alright, is there anything else to come up before this Commission that we have not covered? Mr. Grassie: Yes, there is one more item which is being distributed to you right now. This is a request that we formalize what you have already asked us to do and that is to continue to use the thirty thousand dollars that you have already. appropriated for the franchise of the census. We are asking you here to formalize the spending of the balance of that fund.. Mayor Ferrer Is'.that what `we have:,left, twelve,` housand dollars? Mr. Grassier That is correct. Mayor.Ferre: Alright, I'm_in full agreement..with that... Mr. Plummer i What is this? Mr. Grassier This is the full Census; Committee that he City Commission has. approved and 'this is simply money to support it. Mayor Ferre: We agreed for'thirty, thousand dollars. They have gone'out and spent everything but twelve and 'they want to-go,out and spend ,the twelve. now and I think there is'no'money that's ;better spent than to get a full count.' Mr. Plummer: I agree; with: that Mayor Ferre: Plummer moves, Lacasa seconds ,-'further 'discussion.`on a resolution.'.. Alright, call the roll. Call the roll'91, please.: Mr. Ongie:I'm sorry'Mr. Mayor, I was distracted from... Mayor Ferre:. A resolution authorizing the toto take appropriate action to inform the citizens of Miami':of the important need to.answer the 'federal census. Call the roll. .Mr. Ongie:` Yes, sir.' who moved and seconded? Mayor Ferre: It was moved by Plummer, seconded by Lacasa.` �1 105 Mai ���� 6. W 54. REPORT BY VICE MAYOR LACASA ON "ORANGE BOWL SUM14IT" MEETING CONDUCTED BY CHAMBER OF COMMERCE Mr. Lacasa: Mr. Mayor and members of the Commission, I just came from this so-called Orange Bowl Summit meeting that is taking place at this time sponsored by the Greater Miami Chamber of Commerce... Mayor`Ferre:- And the Miami Herald. Mr. Lacasa:at the Intercontinental. The question, is whether or,not.the Orange Bowl 'should be renovated or a new stadium facility should be created'...The City of Miami had''. Mr. Jennings who made a presentation and Mr. Odio_representing the City of Miami., I made some comments on' my own 'behalf and -I clarified :that I was speaking only; on my own behalf since this has not been discussed,by the entire CityCommission. I understand there has been previous 8iscussions ' between :.the, County Manager Stierheim and other members of the Chamber,and_Mr:.Grassie. At.: least Mr. Patton stated that they have met with you or that they>nave, previously discussed this. So they did not elaborate in what discussion they have had with you Joe, so maybe it would be; good if we can hear what the situation is. So then 1 wi11 share with you some of'`the comments that were made by the people' present including, but not limited to Mr. Joe Robbie and his attorney, Mr.'.Shevin and the members of the County Commission. Mr. Grassier In the past we have had two 'types of meetings!Commissioner Lacasa and members of the City Commission. One, was basically ,the. Sports Committee Meetings on which we had two members of the City ;Commission and .;two members of the County Commission staff including the County 'Manager,and.myself and three private citizens. Out of those meetings, now there wasa series of about ten meetings, one of the major things, that we talked about was the creation of a so-called Sports Authority that whole discussion died Iwith the Committee and that was about almost a year ago. Since then I have had one meeting with the County Manager, a member of his staff and maybe some other person, but basically the ` County Manager and I have had one meeting to talk about what we do with all of that discussion that the Sports Committee had with regards to the Sports Authorit gl 106 MAR , �, i980 0 0 Mayor°Ferrer Would you believe forty-five:.. Mr. Lacasa: Direct contribution'' of the City of'`MiamiIto -11111,111 that fund. Rev. Gibson: Let me say something,,you know, I think those people must think 107 MAR 19 198Q 6l a of how the... Mow much do we get from the County, every year? A million and a half? Rl 109 IVi�,^ 4r Mr. Odio:. Yes. r Of f I and n lie teams iundred Fty the, rs of at they, Y::.We r, e thatthe a ting, ..—I— --- '..- -, "�Vc Cg r.LgnE -,;participation Y, PI co,�rceii us: or nave a as to low. tliey:, spend- thatmoney:' I think., they totally..:. Mr. Odlo: That's their main interest. They want to participate in the planning of P.1 110 j 6 the expenditures of the money. Mayor Ferre, They are absolutely right and they are fuhly entitled to 'that'' and I completely subscribe to it and wouldn't have it any other way. And you can tell Ruth Shack that. 55. DENY APPROVAL TO RETAIN CONSULTING FIRD1 FOR CABLE T.V. ORDINANCE AND FRANCHISE. Mr. Carollo: If we could bring Item #16 back out again since we have a full Commission now. 'Mayor Ferre: Do vou'want to? Do you want to bring it up? Mr. Carollo: I don't think it will take long. Mayor'Ferre: Go ahead and make your statement.' I think the item has'been 4eferred, but I have .got no objections if you'want to make your statement into the record; about 'Item '16 and we will bring it up; to a`vote. Go ahead. Mr. Carollo: I have handed a copy of the news article which appeared in the Tampa 'and Clearwater and Saint Petersburg area. I believe the whole Commission has a _copy of it. The City Manager and the City Clerk have copies of it,. The same company that has been proposed by our administration here isPresently being sued and the user is seeking sixty million dollars by Coaxeal Communications. It's self-explanatory and the paper has been giving that to you all,,but I would just like to read this for the record. It say "the cable television;information center was undergoing a transformation from an organization receiving financial support from the Ford ,tackle Foundations to a private non=profit membership organization. Recently the two foundations mentioned above have discontinued or announced an intention to do so. They are funding a C T:I C. in a staff of cable television experts has struck to a fraction of his former size: Coaxel Comm. states "nevertheless, in an effort to save business C.T.I.C; has undertaxen an increasing work load for municipal consulting contracts for cable television;franchise proposed evaluation which he is not able with his, vastly reduced staff to liandle :;properly. There has also been several suits to Cities such as Syracuse,. ew York, Nashville. Tennessee that have gone the route of hiring these consulting firms,.not this one necessarily, but consulting firms for this type of projec ". :Beside thi information here that I have present, what I see.is that we are going to be„spending from what the City Administration has given to us.and.from what I.have been ab a to' see that has been norm in other cities that have gon1.e 11 this route,% approximately fifty thousand dollars, because I don't.feel there 'isno need,,to'spend fifty, thousand dollars and on top of that'accordingt.to this memorandum which. we have, we will be waiting approximately a year and.a half,,':approxmately before we do finally get something in operation.; Which means that the'citizens.of Miami ,are going to be losing the Revenue from that time.` There is approximately to hundred cities in the Country that have cable television,,now. ;'Whereas.a'vast small minority of them, my understanding'that'are less than a hundred, have.used consulting firms. I think that all the different companies in the markef today are very self-explanatory of what they have to'offer. The F.C.0 has regulations of what is the maximum that cities could get in revenue. I'm going to make a motion to vote for 16... Item #16 denial. Mr. Lacasa: Second. Mayor Ferre: Ok, there is a motion and a second to,vote Item'16 down.. Do you want to state the Administration's,position. Mr. Grassie: Weil,'I really am notssureiMr. Mayor, and: let me ,tell you why. I' guess I'm getting a little tired of fighting about'things'.that really I don't think 0 Q1 J I ought to be fighting about. The only purpose we want to serve here is to try and bring you an intelligent recommendation. We brought this up because we think it's timely all it's good for you to do. If we do not, engage somebody to help US... we can 'do it ourselves. You know, I have been through this process as_I told you a while ago. I probably know at least as much asanybodyaround who is not directly in the business about this, but it doesn't seem intelligent to me for the City to enter into a long term agreement with someone who is going to spend literally millions of dollars in your community and is going to be the only firm of type with whom you do business for the next twenty years in all likelihood. It doesn't seem intelligent to enter into that kind of an arrangement without getting the best advice that you can. Now, you are talking about revenues:to_the City which are going to be at least conservatively a half a million dollars to start with and... once the system gets up and operational and running.` �In order to save ten or fifteen or whatever it is thousand dollars it just doesn't seem like an intelligent way to do business, but =you know, I really don't want to argue about it. I£ anybody feels that this:, is not what you want.to do, we;will simply forget it. We have got enough things to worry `about and I just won't bringit up, that's all. Mr. Carollo:`. Now, it's my understanding Mr .Grassie, that there is a'state.of arts in ele'ctronics.for cable t.v. and I'm:sure that evervifirm that will.be competing to get this franchise in Miami will bring forth the maximum;. the most'up to date that is available in the -market. I further` feel.that`again and again the Administratio has taken the power away from the Commission, especially in decisions that.are no where near as complicated as the Administration tries to paint us sometimes. Mr. Grassie: Well, Commissioner I'm certainly willing to 'give: back whatever you think You have lost. You know, what...,you tell us what you think... you know, whatever the majority of the City Commission wants to'do on that, that's fine. I really... you know, I'm not going to argue with you. Now, with all due respect to what you know about this field, let me suggest to you that if you analyze it a little bit you feel.... you will find out that cable television has been one of the most speculative, one of the most dishonest,; full of promises and short"on performance fields in the United States in"the lastffteen years. They have promised everything and they have delivered about five percent:of what they have promised. Now, you know... and if you do not want to take'a little effort'to try and protect the City... Mr. Carollo: Mr. Grassie, that's your own private opinion,".that"you,know, by" us not agreeing with you, we are not ".trying"to, -protect.,the City". 'What. I'm ""trying to do is just the opposite, notplay:games;with'studies that the majority; the vast majority, ninety plus percent of thee cities of"the "Country'1have not seen"fit that they needed it. Including cities:in our own County here. Including our own County government. Now, I think" that we have competent enough help within our Law Department to draft a resolution that will protect'the'City adequately enough and bring this to an opened bid whenever'`the time seems_"f it by this'Comm ssion. Mr. Grassie: Well, let me use your example Commissioner to"try and.,demonstrate what I'm talking.about. You mentioned that other municipalities, even that Dade County'has done this on their own and; they haven't needed any help and you are entirely right and what I'm'suggesting'to you is that.if.you look at,'the results you will see 'exactly what I'm talking about. Now. Dade'County;has had a law to franchise C.A. T.V. for almost ten years." You know how much"goo,d it;s:' done the City of Miami?.You know how much good"t's done most of the County? A big zero. And what I'm suggesting to you is that they did not do it`right." They did it easy. They did it cheap and they did not get the results. Now; we can do what you suggest. I personally in about a day, because I'm simply going t. copy somebody else's, can draft an ordinance for you. It,doesn't take`any"brains. You know, I can do that. It's easy.' But; what I'm telling you is that you are not going to gut the result. You know, you are not going to get,. a quaiity product. But If this City Commission wishes to go in that direction we will. Pir. Caroll o: Well, I guess the -point we are at now Mr. Grassie;, is that the Commission is going to a'vote whether they'agree with 'your­SoI.made a motion and it's been second... Mayor Ferre: There is a motion and a second, are there further questions? Rev. Gibson: Mr. Mayor, I'don't like to spend money,"but I see notning wrong with being intelligent. I say to people all the time I would rather`be sure than to be wrong. I would hope', -that the Commission even if you don't want to get a consultant would think about it before you really go to work and say "no". You are dealing 112 Mr. Grassier Yes, there are several. el 113 UTAF 19 '680 you we are going to fail. I guarantee it. 115 NA;' 9 '�yBU _ 1 T 7L NO OR, 0 F IAMI nn(t. 11 M IF UT INDEX ITEM NO J DOCUMENT IDENTIFICATION 1 ' COMMISSION AGENDA AND CITY CLERK REPORT MEETING DATE: March 19, 1980 COMMISSION I RETRIEVAL ACTION CO 2 AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED: "ADMINISTRATION" 3 AMENDING SECTION 3 AND 4 OF ORDINANCE NO. 8814, ADOPTED JUNE 13, 1978 a; 4 URGING THE UNITED STATES ;GOVERNMENT TO GRANT ' POI:ITICAL:ASYSLUM TOHAITIAN;REFUGEESPRESENT- LY WcATEDJNI THE UNITED STATES " 5 AUTHORIZING'THE<CITY;MANAGER TO AMEND`THE GRANT APPLICATION TO;.THE U,S,,. DEPARTMENT OF HOUSING: AND"URBAN,DEVELOPMENT FOR'THE'-PROPOSE 1980-81 R-80-190 COMMUNITY DEVELOPMENT PROGRAM DURING ri 6 URGING THE BOARD"OF COUNTY COMMISSIONERS OE_: DARE COUNTY, FLORIDA TO ADOPT A PROPOSED. a! AMENDMENT TO THE METROPOLITAN DADE COUNTY`' ". CHARTER CALLINGFOR THE BOARD OF COUNTY R-g0-191 COMMISSIONERS OF DADE COUNTY. 7 CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF'FASHION HIGHWAY IMPROVEMENT H-438I.IN FASH` H-4381 R-80-198 ' ION H"IGHWAY'IMPROVEMENT" DISTRICT 8 EXPRESSING DEEPEST.SORROW AND PROFOUND GRIEF i; BY THE ;CITY; COMMISSION ON BEHALF OF THE CITI-' R=80-200 ZENS OF THE CITY OF MIA MI 9> 'EXPRESSING SPIRROI AND GRIEF BY THE CITY COMMISSION,ON BEHALF OF THE CITIZENS R_80-201 OF THE CITY OF MIAMI 10 CERTIFYING.AND DECLARING THE RESULTS OF THE SPECIAL MUNICIPAL'ELECTION,HELD MARCH 11, R_80-202 1980 11 AUTHORIZING THE-CITY"MANAGER TO ;EXECUTE AN AGREEMENT BETWEEN THE STATE' OF FLORIDA.AND THE CITY OF MIAMI ACCEPTING;A.GRANT AMOUNT OF $175 000 TO,BE INCORPORATED INTO THE TRADE FAIR`OF"THE;'AMERICAS-IMPORT '80 R-g0-204 TRUST AND AGENCY ACCOUNT, 12 AUTHORIZING, THE CITY MANAGER TO, ....EXECUTE AN AGREEMENT,IBETWEEN THE METROPOLITAN.DADE `" COUNTY"AND`THE"CITY OF'MIAMI ACCEPTING A' GRANT " INTHE,AMOUNT." OF $150 `; 000 PTO BED INCOR- PORATED lNTO THE. TRADE% g_80-205 IMPORT '80 TRUST'AND AGENCY ACCOUNT 0056 0057 0058 0059 80-190 80-191 80-198 80-200 80-201 80-202 80-204 80-205 CONTINUED ,TEM N091 DOCUMENT IDENTIFICATION 13 APPROVING, CONFIRMING AND RATIFYING THE CITY MANAGER'S ACTION IN ENGAGING THE PROFES- SIONAL SERVICES OF ARTHUR YOUNG AND COMPANY AS ACCOUNTANTS, FOR THE EXPRESS PURPOSE OF CONDUCTING AN ADMINISTRATIVE STUDY FOR THE MIAMI CITY EMPLOYEES' RETIREMENT SYSTEM BOARD 14 15 16 17 18 19 20 21 22 23 24 T; AU LI rclvrvarim rt11•1vu141 yr RING THE_.ISSUANCE ES' TO ALONSO. BROS . IZING-THE :DIRECTOR VLV, L1Vl,.' 00 OLLECTION ICE R-80. 207 ' 80-207 R=80-208 °80-208 R-80-209. 80-209 R-80-2�10 `80-210 R=80-211, 80-211 R=80-212 80-212 FORREST4REYNOLDS WITHOUT THE ADMISSION OF LIABILITY THE SUM. OF $7,500.00�!lN FULL. -."AND .- COMPLETE SETTLEMENT :OF ALL CLAIMS, R-.80-213 80-213 APPROVING THE APPOINTMENT BY THE'OFF-STREET PARKING BOARD OF FLORIDA NATIONAL BANK.OF" MIAMI AS SUCCESSOR TRUSTEE OF `PARKING FACILI- TIES REVENUE BONDS (SERIES (1980) UNDER CITY OF MIAMI ORDINANCE NO. 9060, R'-80-,214 $0-214 APPOINTING WILLIAM GONZALEZ, JR. TO SERVE AS A MEMBER OF THE CITY OF MIAMI ADVISORY COUNCI ON ECONOMIC DEVELOPMENT FOR A TERM EXPIRING JULY 22, 1981 REPLACING JEANNE BELLAMY R-80-215 80-215 REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY FLORIDA: (a) TO REVIEW ITS ORDINANCE REGULATING THOSE BLOOD PLASMA CEN- TERS WHERE THE DONOR IS REMUNERATED IN ORDER TO CONSIDER LOWERING THE PRESENT READING OF .07% ALOCOHOL LEVEL ON THE BREATH ANALYZER TEST. R-80-216 80-216 DIRECTING THE CITY CLERK TO PUBLISH A NOTICE OF PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPTANCE BY THE CITY COMMISSION OF -THE COMPLETED CONSTRUCTION OF N.W. 20 STREET AREA SIDEWALK IMPROVEMENT IN N.W. 20 STREET AREA SIDEWALK IMPROVEMENT DISTRICT B-4437 R-80=217 80-217 ACCEPTING THE COMPLETED WORK OF MARKS BROTHER COMPANY FOR THE MODEL CITIES C.D. STREET I IMPROVEMENTS -PHASE V- R-80-218 80-218 DOCU" MENT� NDEX CONTINUED NT IDENTIFICATION T-70MMISSION RE7RIEVAL ID4 NO.1 DOCUMENT ACTION - I CIVIE-N0- 25 26 27 NN 29 30 31 32 33 34 35 36 ACCEPTING THE COMPLETED WORK PERFORMED BY GOODWIN, INC. AT A TOTAL COST OF $1,588,159.37 FOR THE ALLAPATTAH SANITARY SEWER IMPROVEMENT SR-54337C R-80-219 80-219 ACCEPTING. ­'THE .COMP.LETED,,.,WOPK:''P.ElkFO,RMED By ­ GARCik�lL N�CONSTRUCTIONI. INC Uqo 'R 80-.226 80-220 ACCEPTINGTHE.C.OMPLETED,WORK::PERFORMEDI '.BY` GotmEAGEt ENGINEERING'.CONTRACTOR&, INC. AT ATbTAL COST,OF $101P245.70 R '-80-2- 21 80-221 AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE BUREAU OF HIGHWAY SAFETY, DIVISION OF STATE PLANNING, DEPARTMENT OF AD- MINISTRATION, -STATE OF FLORIDA, FOR FUNDING OF A MOTORCYCLE RIDER COURSE TO TRAIN CIVILIAN NOVICE MOTORCYLE RIDERS 80 22 2 80-222 ACCEPTING THE BID OF MIRI CONSTRUCTION, INC. IN THE PROPOSED AMOUNT OF,$277,747.48 _A-80­223. 80-223 ACCEPTING THE BID OF WILLIAMS PAVING CO.,�IINC R-�.80­224 �,, 80-224 .ACCEPTING THE BID OF P OLARI S Z..wG0 TEXTRON INC.' R-.80'.225 80..!..225 ACCEPTING THE BID OF HUBERT '-H. HANSEN &:ASSO- CIATES FOR FURNISHING.PLAYGROUND-,'EOUIPMENT'FOR THE DEPARTMENT'OF PARKS. 'R-80-.226 80-226 ACCEPTING THE BID OF KAGAN EQUIPMENT COMPANY., FOR FURNISHING 350 SIDEWALK LITTER CONTAINERS`' FOR THE DEPARTMENT OF SOLID WASTE R 80-227 ACCEPTING THE BID OF SUPERIOR PAPER HANGING FOR FURNISHING VINLY WALLCOVERING AT THE LITTLE HAVANA COMMUNITY CENTER FOR THE DEPART- MENT OF COMMUNITY DEVELOPMENT R-w804,228' 80-228 AUTHORIZING THE OFF-STREET PARKING BOARD OF THE CITY OF MIAMI TO TAKE THE FINAL STEP PRIOR TO THE CITY ISSUANCE OF PARKING FA- CILITIES REVENUE BONDS OF THE CITY OF MIAMI '80.---235''�' 2