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HomeMy WebLinkAboutCC 1979-04-30 Minutesbfr7R1RoTt424 (--27-77 CITY OF MIAMI OF MEETING `'HELD ON APRIL 30, 1979 (REGULAR/PLANNING & ZONING) INDEX CI a i l�' ISSI OF ili4"fI; FIDRIIIA MUERILAR APRIL 30, 1979 - REGULAR/PLANNING & ZONING ITT]�1 NO. SUBJECT PNOLUTION INANCE NO. PAGE NO. 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 PLAQUES & CERTIFICATES OF APPRECIATION PUBLIC HEARING. PROPOSED ELECTION: IN C.D. TARGET AREAS AND CITIZEN PARTICIPATION PERSONAL. APPEARANCE: DAN PAUL, ESQ. inre CITY OF MIAMI/UNIVERSITY OF MIAMI-JAMES L. KNIGHT INTERNATIONAL CONVENTION CENTER -RENEGOTIATION OF. LEASE ACCEPT PROPOSAL FROM LAVENTHOL & HORWATH VERIFYING FINANCIAL VIABILITY OF CITY OF MIAMI/UNIVERSITY OF. MIAMI-JAMES J. KNIGHT INTERNATIONAL CONFERENCE & CONVENTION CENTER AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT: FERENDINO, GRAFTON, SPILLIS & CANDELA inre CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CONVENTION/CONFERENCE CENTER DEFERRAL OF CONSIDERATION OF AMENDMENT TO ANNUAL APPROPRIATIONS ORDINANCE BY APPROPRIATING $25,000 FOR CITY HALL RENOVAT?ONS DEFERRAL OF CONSIDERATION OF CHANGE OF ZONING' 1564-72 - BRICKELL AVENUE FROM R-1 TO R-3A GRANT EXTENSION OF VARIANCE FOR WAIVER OF PARKING 49-61 N.W. 5TH STREET SECOND READING ORDINANCE: AMEND ORDINANCE 6871, ART. XXVI - "SPECIAL YARD DISTRICTS" SECOND READING ORDINANCE: CHANGE ZONING BETWEEN SO. BAYSHORE DR. AND ALLEY SO. BAYSHORE AND MICANOPY FROM ALATKA TO S.W. 17 AVE. SO BAYSHORE AND TIGERTAIL FROM S.W.17'AVENUE TO AVIATIJN AVENUE FROM R-1 TO Fl-B • SECOND READING ORDINANCE: APPLY COCONUT GROVE OVERLAY DISTRICT SPD-2 SECOND READING ORDINANCE: ESTABLISH TRANSIT STATION INTERIM ZONING DISTRICTS REQUIRING SITE -PLAN APPROVAL AND ACCEPTING R-1 AND R-2 SECOND READING ORDINANCE: APPLICATION OF TRANSIT STATIONS INTERIM ZONING DISTRICTS TO CERTAIN AREAS SURROUDING TRANSIT STATION SITES -(1 YR. LIMIT) OVERRULE RECOMMENDATION OF PLANNING DEPARTMENT AND PARTIAL GRANT BY ZONING BOARD AND GRANT VARIANCE FOR SIDE AND REAR YARD- 860 N.W. 18 PLACE GRANT APPLICATION TO METROPOLITAN DADE COUNTY TO PERMIT 100-UNIT APARTMENT PROJECT OF ELEEMOSYNARY CHARACTER LOCATED AT 1310 N.W. 16TH STREET APPROVE APPLICATION FOR DEVELOPMENT OF PUN - 2461 SOUTH BAYSHORE DRIVE DISCUSSION M-79-288 thru M-79-295 (See later fi:79-371) 'DISCUSSION ORD. 8924 ORD. 8925 ORD. 8926 ORD. 8927`, R-79-299= R-79-300 R-79-301 1-2 2-49 50-57 57-61 62-63 63-65 66-67 67-68 69-70 71-72 72-73 73-74 74-75 :78-83 83-87 • C41 IIMSEFICHMAPERBRILA APRIL 30, 1979 - REGULAR/PLANNING & ZONING PAGE M Y ITEM NO, SUBJECT tOLUTIONNO, INANCE Oij PAGE NO. 17 FIRST READING ORDINANCE: GRANT APPLICATION BY METROPOLITAN DADE COUNTY FOR CHANGE OF ZONING- 101/165 W. FLAGLER STREET, FROM C-4 TO GU AND GRANT APPLICATION TO CONSTRUCT/OPERATE LIBRARY, ART MUSEUM AND HISTORICAL MUSEUM AT 101-165 W. FLAGLER STREET 18 GRANT CONTINUED APPLICATION FOR DRIVE-IN TELLERS AT 1920 S.W. 27TH AVENUE - AMERICA'S BANK 19 20 21 22 23 24 25 26 27 28 29 30 31 FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION LOCATION` LOCATED 1301 N.W.27TH AVENUE FROM R-4 TO C-4 EXTEND CONDITIONAL USE AND VARIANCE LOCATED AT 1101 SOUTH MIAMI AVENUE (A) EXTEND CONDITIONAL USE WHICH GRANTED AND ESTABLISHED THE RESTAURANT AT 1101 SO. MIAMI AVENUE (B) EXTEND VARIANCES ON YARDS AND WAIVER OF PARKING AT 1101 SO. MIAMI AVENUE AUTHORIZE ONE-YEAR EXTENSION OF DEVELOPMENT ORDER- "CLAUGHTON"ISLAND" ACCEPT PLAT: "DeWITT SUB`" - LOCATED AT S.W. 22 AVENUE AND DIXIE AVENUE SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION 183-185 N.E. 80T31 TERR. FROM C-2 TO PR GRANT VACATION/CLOSURE OF N.E. MIAMI COURT BETWEEN N.E. 58TH AND 59TH ST.-'TP."#1020 - "LEMON CITY PARK" FIRST READING ORDINANCE: AMEND ORDINANCE 6871, ARTICLE IV, SECTION 11.1-"PRIVATE`ROADS" •FIRST READING ORDINANCE: AMEND ORDINANCE ,6871-CORRECT . SPACING' FORMULA FOR BUILDING SITING IN THE SPD-1 CENTRAL ISLAND DISTRICT, ARTICLE XXI-3,;SECTION 10 ACCEPT PLATT: "BALDWIN BLUFF" LOCATED. AT 3700 DOUGLAS ROAD ACCEPT PLAT: "CARORI PARK" - WEST FLAGLER AND 71ST AVENUE AUTHORIZE AND DIRECT CITY MANAGER TO FUND THREE (3), ADDITIONAL POSITIONS IN THE OFFICE OF THE CITY CLERK, ON A 5-MONTH FUNDING BASIS, TO THE END OF THE CURRENT FISCAL YEAR FIRST AND SECOND READING ORDINANCE: AMEND ORDINANCE 8716-ESTABLISH NEW PROJECT FOR WEST TRAIL VIEW HIGHWAY IMPROVEMENT FIRST READING ORDINANCE: AMEND ORDINANCE 8858- INCREASE APPROPRIATIONS SPECIAL PROGRAMS AND ACCOUNTS -ELIMINATE RENTAL PROPERTIES FROM ENTERPRISE FUNDS R-79-302 R-79-303 FIRST READING'; R-79-304-A R-79-304-B R-79-305 R-79-306 ORD." 8928, R-79-307 FIRST READING 87-90 90-92 92-93 93-94 95-96 96-98 • 98 99 100-101 FIRST' READING 101-102 R-79-308 102-103 103-104 R.. 79.. 309, R-79-310. RD. 8929 FIRST READIN 104-108 109 110-112 Iiii NO, IID ctt�t 11141sgiaFFRaFORina APRIL 30, 1979 — REGULAR/PLANNING & ZONING SIBJECT 32 BRIEF DISCUSSION: WITHDRAWAL OF CONSIDERATION OF AGREEMENT BETWEEN MARINA INC. AND EAST COAST MARINE, INC. 33 34 35 36 37 38 39 40 41 42 AMEND RES.s78-497 — REALLOCATE AND REDISTRIBUTE COST OF BURROUGHS' CENTRAL COMPUTER SYSTEM ACCEPT BID: UNIFORMS FOR THE POLICE DEPARTMENT ACCEPT BID: SALE OF 300 CONFISCATED GUNS CLOSE CERTAIN STREETS IN COCONUT. GROVE IN CONNECTION WIHT THIRD. ANNUAL "BANYAN FESTIVAL". FORMALIZING RESOLUTION: URGE DADE LEAGUE OF CITIES TO CHALLENGE TAXICAB' REGULATIONS FOR FILING LEGAL PROCEEDINGS OPPOSING PERSONAL APPEARANCE VICTOR LOGAN — REGARDING "MIAMI SUMMER BOAT SHOW" FORMALIZING RESOLUTION: ESTABLISH GUIDELINES FOR CITIZEN PARTICIPATION IN,C.D. TARGET AREAS BID ACCEPTANCE — P.N.M. FOR CITY WIDE SANITARY SEWER IMPROVEMENT—"FLAGLER STREET SR-5458—C" AUTHORIZE APPROPRIATE TRANSFER. OF FUNDS FOR THREE ADDITIONAL POSITIONS FOR THE CITY CLERK'S OFFICE BRIEF REPORT BY. CITY ATTORNEY REGARDING STATUS OF ADA'MERRITT SCHOOL PAGE M 3 ORDINANCE OR ttiiEESOLUTION DISCUSSION R-79-311 R-79-312 R-79-313 R-79-314 R-79-315 M-79-316 R-79-317 R-79-318 M-79-319 DISCUSSION PAGE NO, 117 117-128 129-131 131 131 132 MINUTES OF SPECIAL MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 30thday of April 1979, the City. Commission of Miami, Florida. met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in special session. The meeting was called: to order at 3:12 O'Clock P.M. by Mayor Maurice A. Ferre with the following members of the Commission found to be present; ALSO PRESENT: Commissioner Rose Gordon Commissioner Armando Lacasa Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre Joseph R. Grassie, City Manager R. L. Fosmeon, Assistant City Manager George F. Knox, City Attorney Ralph G. Ongie, City Clerk Matty Hirai, Assistant City Clerk An invocation was delivered by Mayor Ferre who then led those present in a pledge of allegiance to the flag. 1. PLAQUES & CERTIFICATES OF APPRECIATION. Mayor Ferre: Ladies and gentlemen we are now in a Special City of Miami Commission Meeting, this is a public hearing. The purpose of the public hearing is to continue the former discussion of what to do with regards to the community development process. Now, I would like to ask the Clerk... Mr. Ongie: Yes, sir. Mayor Ferre: ... if someone would go to the back of the room where there is some people congregated and take the names of all the people that wish to speak today at this public hearing and I will then see how much time we can allot to each speaker. I will take them in the order that you give them to me and then in the meantime, if you will prepare then to begin the discussion, Mr. Manager let's go ahead... I tell you if you will carefully go to the back of the room... (EXPLAINS IN SPANISH). All of you that wish to speak would you please go the... your left side, my right side of the room in the back and give the Clerk your name and I will take you in order as they are given to me. Ok, Mr. Manager, before we do that we have a presentation of recognition certificate of appreciation to Mr. Walter B. Freeze, Onelio Cejas and Armando Gutierrez of the Central Bank for the wonderful work that they have done for this community and the many civic activities that they have and if they would step forward. Do we have a photographer. Are you the new City photographer, sir? (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mayor Ferre: Alright, Annette, you want to make the presentation? Ms. Eisenberg: Yes. Mayor Ferre: Come on. This is Annette Eisenberg and she had a wonderful- she and her Committee, of course had a wonderful weekend in which the Little River community celebrated a wonderful affair. And Rose, I know you were there and I was there yesterday and it was a great. success. And Lorraine and Annette it's my pleasure to recognize you. And those of you ladies and gentlemen who wish to speak that have not done so, please give your name to the Clerk in the back of the room. 01 gl Ms. Eisenberg: Because we did make the`Mayor a mate yesterday we thought thgt we .should Mayor Ferre: Now, wait a moment, be careful how you say that,' Ms. Eisenberg: We inade`the Mayor and his wife mates of the Little River Navy. We thought in as much as weare here today that we would take the opp y to make the rest of the Commissioner's members of the Little RiverNavy. So.. Mrs. Gordon: Do you want to inate. us too? `. Mayor Ferre: Who else are you going to mate here? Ms. Eisenberg: So Armando you are closest and this is yours, Rose, J. L.... J. L. just stole his and of course, we will leave one for Father Gibson and . Mrs. Glis who isa member of our Board, Nancy Larsen on the staff, we'are really terribly honored to have you -in our Little River Navy, Mrs. Gordon: I want to tell everybody how much I enjoyed riding in that Rolls Royce con ertible... it was really a 1936 vehicle. 2. PUBLIC HEARING. PROPOSED ELECTIONS IN C.D. TARGET AREAS AND CITIZEN PARTICIPATION. Mayor Ferre: Alright, Mr. Manager, and if everybody will take their seat, we will now begin the proceedings here. Mr. Grassie: Mr. Mayor and members of the City Commission I would like to have Dena Spillman introduce the subject. Ms. Spillman As you recalled at our last meeting- is this on?- we had several people discuss citizen participation in the community development target areas. As a result of that we have prepared for you a chart which you will find package on page 6 just outlining three different methods of citizen participation to try to keep the discussion within some sort of bounds. And I would like to go over those with you and then if... with your permission wehave rpred can d descriptions of these in English and Spanish and if youarein agreement distribute them so that everyone will know what we are talking about. Let me just briefly go through them. Number one is what we are calling the Executive Committee, it's the basic Chairman, Vice-chairman and it use to be a Secretary. We are recommending another Vice-chairman instead of a Secretary, staff can take minutes and that way we don't have a problem if someone leaves town and we don't have such a succession problem. Basically, that's the process we have been following for the past four years. That's number one. The Advisory Council, we are recommending a fifteen member Committee. Advisory Council Alternate "A" which is number two on this chart would have again a Chairperson, Vice -chairperson and second Vice -chairperson. The candidate members receiving the highest number of votes becomes the Chairperson, second highest Vice -chairperson, third highest second Vice -chairperson. So this is sort of a combination of the Council and the Executive Committee form. The third one is just a fifteen member board where the officers are nominated and voted upon by the members of the board, not the community. Do you have any questions on those? I want to just put this in some kind of perspective for the discussion. Mayor Ferre: No, I think it would be appropriate that you distribute the memorandum in both Spanish and English and why don't you give me a copy of it too, because I don't have one. 02 Ms. Spillman: That's really all I have to say,'I think the rest is open for the... Mayor Ferre: Alright, now we have a series of speakers and the first one that we have is Annette Eisenberg. You ate not ready? (BACKGROUND COMMENT OFF PUBLIC RECORD) Mayor Ferre: Now, Annette before you stand up. The next speaker is Carlos Rodriguez Quesada and then after that William Calhoun, Larraine Dunn, Emilio Lopez, Juan Pino, Bessie Marcos, Juan Perez Franco, Alfredo Mendoza, Mrs. R. Sparks, Dr. Justo Regalado, Armando Gutierrez, Luis Diaz, Anita Cofino, Eladio Armesto and Pat Keller. Now, that means we have sixteen speakers. Now, does anybody need to speak more than three minutes? I'm going to ask one more time. Is there anybody here who needs to speak more than three minutes? That will keep us here an hour. (EXPLAINS IN SPANISH). The green light will indicate two and a half minutes, at two and a half minutes if I'm not mistaken'` it's start to... it goes red and then it starts to blink a half a minute later, is that right? (BACKGROUND COMMENT ' OFF Mayor Ferre: Ok, we will leave it then for three uiinutes green and then it will start to blink, ok. When it goes red then you know you've got to start winding down, when it starts to blink you've got to stop. Otherwise, we will be here for three hours. Ok, Annette? Ms. Eisenberg: My name is Annette Eisenberg, 1180 Northeast 86th Street. I'm not even going to read this, but I'm going to tell you of my experiences in neighborhood elections. I think I go back as far, if not farther, than some of the people in this room starting with MDT. And I will tell you there is nothing democratic about neighborhood elections that have been going on in Dade County or the City of Miami recently. I would ask that you abandon the idea of having neighborhood elections, number one, the cost. Number two, the fact that they've -thank you-... that you abandon neighborhood elections. They are political and it just depends on who has the votes to come out. Whether they are private citizens or whether they are employees of some of these agencies. Now, if I step on anybody's toes, I could care less because I have had some very unhappy things happen in our area because elections were stacked. I think the Commission who administrates this money should take it upon themselves to select a board and from this board you better make sure that you are selecting people from all segments. And that this board represent the council that you need for citizens participation. Let's not make this political, let's not make this a dirty election and let's not make this a costly thing. These CD monies are direly needed out in the community, don't waste it on senseless elections. Thank you. Mayor Ferre: Mr, Quesada: Mr. in apanlshtoday. Alright, the next speaker is Carlos Rodriguez Quesada. Mayor and meinbers of the Commission, I would rather speak Mayor Ferre: Go ahead Mr.'... your time is running. Who;is going to translate? Mr Quesada: (SPEAKS IN SPANISH), Mr. Cortina: (TRANSLATES), Mr. Mayor and members of the City Commission, my name is Carlos Rodriguez Quesada. With Mr. La Torres and Mr. Besena we formed the candidacy for a group for election in Little Havana. We come today to back this Commission once again and for the development of Little Havana a Board of Directors be chosen no less than fifteen members in an election ballot that we gave to the Mayor and the members of the City Commission we expose the following idea; being a board by candidacy, the elector has the opportunity to vote for a whole candidacy and at the same time... and voting by groups he can choose any person that he so desires. We have the assurance that this is the best way that would benefit our community and the future of this area. It's more than enough that we are against... to the unilateral positions in this area. We have made this public through all means possible. We ask the members of the Commission please do not go by personal positions, to vote in this occasion, to vote in favor to establishing a free democratic gl • 03 A , , -. irtT way that it will give participation to everybody interest in becoming a part of the destinies of this community that belongs to all of us. Thank you,'. very much. Ferre: The next speaker is William Calhoun from Manor Park. Mr, Calhoun: Good afternoon Commissioners and ladies and gentlemen. We of Manor Park stand in support of the participation plan I with an exception. We believe that each target area should be allotted funds and that target area itself set the priorities in which these funds should be spent within the area. This in the past haven't been done. Election processes if the citizens that's participating in all their fairness, I believe that they have the understanding that this will be done properly, but the Commissioners should take it upon themselves to see that each target area receive funds and not to be omitted from any funding period. Thank you, very much. Mayor Ferre: Alright Dunn. sir thank you. The next speaker will be Lorraine Ms. Dunn: I like Annette want to state that I'm not deliberately trying to step on anybody's toes, but I like Annette have been through a: few years... Mrs. Gordon: Lorraine we can't hear you use your mike, we can't hear you. Ms. Dunn: Is that better? Mayor Ferre: Yes. Ms. Dunn: Ok. Like Annette I do not want to step on anybody's toes, but like Annette I have been through a few years of CD. We had a horrible situation in our area and it was compounded by staff interference at one time when staff was taking minutes, it was only after we got a Secretary that was not staff, that we being to get minutes that we could recognize at the next meeting. And I think it is most important that some member of the community take minutes, whether staff takes them also and if you want to compare the citizens minutes with the staff minutes, that's perfectly alright. But I don't think that with bureaucracy being what it is that it should be... that the record keeping should be totally staff because as much as we love certain individual staff members,there are some that get into programs that shouldn't be there and who have methods and motives that are not in the best interest of the community. And believe me if you want me to get more specific, it's a very very easy thing to do, but I just don't feel that this is the place to do it. So far as the elections are concerned,here again having learned the bitter acid way of what a tiny group that has a strangle hold on a community can do to an election, I don't want to see community elections the way that they have been in the past. I do feel that a duly election City Commission with the proper powers and those you have, I have familiarized myself with the federal guidelines and you do have the right powers to do what I'm going • to suggest, that you appoint a board. The number should be established either by consultation or by an arbitrary decision by you who are qualified, But nevertheless, there should be a board that is appointed and out of that let the local citizenry elect their Chairman, Vice-chairman, Secretary etc., out of that Committee that has been appointed by you and I think we will begin to get fair representation in the community. I don't see it any other way. Mrs. Gordon: Dena, in none of your recommendations is that suggestion indicated. Is that something that would be- according to the guidelines permissible or not? Mrs. Gordon: The Federal Government, Ms. Spillman: I checked with Jacksonville, it is... Mayor Ferre: We can set... now, just for the record, Dena correct if I'm wrong. The City of Miami, if it wishes to assume that responsibility, can set just about any guidelines that it wants to. In other words, we can set any constitution, you know, or broad guidelines for this group that we wish. In the past we have delegated that authority to the County. gi 04 APR ? 0 iftii Ms. Dunn: Alright, how much of that time that you all used do I get back? Mayor Ferre: No, you go ahead. Give her the time that we used. Ms. Dunn: On second thought I'm going to give it back to you. Thank you. Mayor Ferre; Oh, are you through now Lorraine? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Now, the next speaker will be Juan Pino. Now, for the record let me say that Father Gibson is not with us today because he had an emergency out of the City and he finds himself out of the City all day. Mr. Pino: Good afternoon Mr. Mayor and Commissioners, Ladies and gentlemen. Well, I'm a businessman in the area of Allapattah and we are trying to make oral presentation here to express our opinion about the elections going on for the target area. My name is Juan Pino, I was born in Cuba and got thirteen years in the United States. I guess the best solution for us as citizens of the community of Allapattah is to get a board which could be nominated by the Commissioners or the City Councils or through elections, but I'm afraid of the time and money it will cost the elections through the communities all throughout the City which our main problem as far as my concern is the crime. The growing crime in our area, especially in the area of Allapattah. This Committee or Board that is going to manage or administrate the target areas should be on the direction of the City Council and the Police Department because of the main point like I said-- forgive my expression in English, I'm kind of nervous because this is the first time I spoke in the public-- is the crime. We are looking out to the development of economical speaking and we are not paying enough attention to the crime in those areas. Women, ladies and men can't walk through the Allapattah area after 6:30 P,M. because they are afraid of being raped and robbed and everything. What are we doing about it? What is the City doing about it? The Police Department I guess is doing the best job, but they need more support for the community and especially for the Mayor. The Mayor, I guess in my opinion should be more publicly demonstrating his support for the Police Department and the work they are doing in our community. That's all I got to say, thank you, very much. Mayor Ferre: Alright. The next speaker is Marcus Bessie. Ms. Marcus: My name is Bessie Marcus. Mayor Terre: Bessie? Ms. Marcus: Yes, she just twisted it... Mayor Ferre: Oh, she twisted it around. I beg your pardon, Bessie Marcus, alright. Ms. Marcus: I live at 1452 Northwest 15th Avenue and I agree wholeheartly with the two women speakers, God bless them, who spoke before me. They hit the nail right on the head. First of all, there should,. I have been attending the CD meetings in Allapattah and it's pure disaster. Having elections is just a waste of money and record keeping, I liked that point very much, we need it. We were just going in all directions and it was really in the control of a very small group. I would like to recommend a board made up of members chosen by the community organizations. We have the Businessmen, the Allapattah Community Association, there is a Tenants League. We could find out all these groups have each one select a member to represent them at the meeting and they can rotate the Chairmanship. I think in that way we would really be truly represented, we have not been and those two ladies have said everything I would like to say. I wouldn't repeat it, but they were absolutely right. God bless those women. Mayor Ferret Alright. Juan Perez Franco? Mr. Franco: To the Mayor and Commissioners of the City of Miami, "Gentlemin, the undersign Juan Perez Franco Hugo Olazabal Oscar Mario Rodriguez candidate to the respected offices President, Vice-president and Secretary in the election to be held in the Little Havana Community area hereby respectfully submit the following as to the election date; elections should be held at the earliest possible date for two years provided, of course, that all legal requirements seet in accordance with the established procedure and practice:- gl 15 :••• 0 1979 and to the boundary pf thecommunity areas, The geographical area'of the Little Havana community should be expanded in accordance to the. public's need, Ample provision that should be given to the new boundaries in order to assure adequate representation and more participation in the referred election. Full clarification for this matter shall avoid unnecessary doubts from part of all interested parties as to the registration period. We believe that the registration period should follow the pattern of previous occassions, that is it should extend for three or four weeks with registration office opened from 9 A.M. to 9 P.M. from Monday through Saturday. This three week period becomes a must for the proper execution of the electoral events given past experience and the national population increase in the Little Havana area. Furthermore, should the geographical boundaries be expanded it will be in conflict to reduce the opportunity for voter registration as to the voter eligibility. Equal representation should be given to all residents, employees, business people, real estate owners,workers,etc. prior to the proper registration for this electoral event. Voter qualification requirements should be clear and specifically established as to assure adequate proof or eligibility. Each qualified voter should be able to properly demonstrate his right to be registered as to elect the most (Inaudible) appointment offices. We believe that the following system should be maintained, that is the office of President, Vice-president and Secretary to be elected, these officers to be elected should be required to appoint a Board, Commission or any other Advisory Board comprised of qualified area citizens having a specific technical background' and experience. This appointment group would provide assistance to the elected officers (Inaudible) of the Little Havana Community area. We plead for your review in the idea presented and hereby request your consideration of saying of upon the formulation of policies covering the upcoming election in the Little Havana community area. (Inaudible) democrat principle which we all cherish (inaudible) in the appropriate form. Respectfully, Juan Perez Franco Hugo Olazabal Oscar Mario Rodriguez. Thank you, very much.. Mayor Ferre: Alright. The next speaker will be Alfredo Mendoza. Mr. Mendoza: (SPEAKS IN SPANISH). Mr. .Cortina: (TRANSLATES). First all of, Mr. Mayor and members of the City Commission and Members of the public, in general, I am with the Wynwood group. We would like a board no larger than fifteen people where a President and Vice-president and a Secretary be elected and that later the rest of the officials be approved by that group... by the President and Vice-president and the Secretary. Mayor Ferre: No, no, Mr. Cortina: Oh. Mayor Ferre: (SPEAKS IN SPANISH). Mr. Mendoza: (SPEAKS IN SPANISH). that's not what' he said. He said the Commission. Mr. Cortina: (TRANSLATES). "Bn Mayor Ferre: Mr. Cortina: Mayor Ferre: Section B says that hehas... ok, the alternative Well, which one,, is it Yes, was it A or... Was it 2 or 3? UNIDENTIFIED SPEAKER: Alternative "B" is (BACKGROUND COMMENT. OFF THE PUBLIC ;RECORD; Mr. Mendoza: Right. Mr. Cortina; ;Right. As.I mentioned before that the President, Vice-president and Secretary elect the rest af the Bard, Mayor Ferre Alright, the next speaker is Mrs. R, Sparks? Mrs, Sparksi gl as 1979 Pi4 Ma. Sparks: Mr. Mayor and Commissioners, I speak only for the Coconut Grove target area. If any particular area is having the need to have it's board members, whatever if•citizen participation plan be dictate or by... have it's members appointed by the City Commissioners, I think that's fine. Mayor Ferre: You think that's what? The City Commission would appoint? Ms. Sparks Or whatever they decide to have, But speaking for Coconut Grove target area on the basis of our history we have been into existence since 1969 under one form or another whether it's under HUD, CD or the other thing that we had NDP, whatever. We are sort of proud of our own abilities to have learned how to involve ourselves in the citizen participation process purely and undiluted, meaning that we were not dictated to or helped by the City Commissioners. We would like to continue that so that we would have our ability to involve our own people in the election process, so that no one could say that the City told anybody what to do, We feel that for us, we want to think that we are sort of unique and I don't mean... Well, unique is the word and there are no implications involved. We would like to recommend-- for some may be number one would serve their needs, but for us, the Coconut Grove target area, we would like number three. Thank you, very much. Mayor Ferre: Alright Dr. Regalado: (SPEAKS IN"SPANISH).` Mr. Cortina: (TRANSLATES). Mr. Mayor and members of the City Commission, I will begin my words by saying that I am not a politician rather I am a community worker and that title I do not let anybody argue with it. Approximately three years ago I proposed a thesis in which I attributed to myself first priority and that thesis isftollective Representation" in these areas. I thought so at the time and I still believe in though firmly that the united representation of an area is more than "moral, very dangerous because it places itself to many combinations that we must avoid at all cost by all our means, all of those who love and respect the community that we live in. The community, it is not so, it is a united organization that is composed of variety sectors that need to express their opinions, their desires, their needs that cannot be understood by only one man based on the many occupations that what person would have to understand all the problems. By all these reasons I come here again to back the proposition that I made three years ago that plurality type of representation in the area, that advisory council of fifteen members elected freely by the community and that they would have their positions based on the amount of votes in that election. This is my criteria, that is my conviction and I am faithful to my convictions until the last moment. Let the community, whatever it feels... Let the Commission decide whatever it feels, but I will follow my own position and I keep... I will keep on working for this community until God calls me. Thank you, very much. Mayor Ferre: The next speaker will be Armando Gutierrez. Mr. Gutierrez: Mr. Mayor and Commissioners, my name is Armando Gutierrez and I'm President of the Allapattah Merchants Association. In the past I don't think you have had participation from the merchants, but I would just like to show you how important this election is to us now in Allapattah. All the merchants would you please stand up to show the Commission that we are here? All these people have taken off from their business today to show you that we really care about Allapattah, not only Allapattah every other, you know, part of the City and we believe that it should be a Committee of about fifteen persons appointed by the, you know, the Mayor and the Commissioners. We will follow your recommendations and we will, you know, let you know it you are right or wrong. I think there is a lot of time being wasted in community development while we have a lot of needs in the community that really needs to be looked at like the other man said with crime and I think we... you know, the merchants of Allapattah want a Committee of fifteen and also not a one year or two years because as you know one year is not even enough to do any recommendations for community development and number two, also employees of businessmen in the area that have taken interest in the area where they work should be, you know, look into this for qualifications. Thank you, very much. Mayor Ferre: Alright, the next speaker will be Luis Diaz. gl 07 APR 3 0 1979 Mr. Diaz: My name is Luis Diaz and I'm speaking in behalf of the Wynwood community. I'm here just to support a board because I think that's the best way that we have representation. I really don't know why we have to hassle on that since we have that type of system here. We elect one of you in a public election to form a board and I think that's the best way to have representation. We elect the people that we are supposed to be, you know, in our behalf and I think that would be the best way... should be the way to select those in the same way the person that should be represented in our area. And that's...I support a board elected by the people. Thank you. Mayor Ferre: Alright, the next speaker is Mr. Gerardo Lopez. Gerardo Lopez? Gerardo Lopez? Lopez: Mr. Cortina: (TRANSLATES). Mr. Mayor and members of the City Commission# members of the Press and to all media written and televised, representation of all areas in the community. I take the opportunity this afternoon to join the thinking of just and humane, that the representation in these areas be distributed between men and women that worry and work in benefit of that area. Not it to be how it's said in Cuba only a chief represented in that particular area. That it be distributed between men and women, that they have the working and feeling in that particular community. With the permission of Mr. Mayor and members of the Commission, may be it's not in the order of the day and or not be within the competence of this Commission, but I would like to take this opportunity to let you know that I am here representing a group men and women, that a community that's trying to be realized and an institution, non-profit organization, action community. This is an area Northwest of the 27th Avenue consideration Mr. Mayor and members of the Commission as an objective area which goes into a regain as a part of the County, but it really belongs to the City. But listen gentlemen, the situation of those brothers that are approximately five thousand families eighty percent have no running water in the middle of civilization, that are limited with the Jai Alai Fronton We are asking the authorities and to all the citizens to back us up in this necessity of the works that are going to be done be divided in that area also that has been forgotten. This is why I'm here to talk to you about Accion Community because we are going to knock on doors with the best respect of all authorities so that our voice is listened to that we need water, running water in Melrose, sewage, sidewalks and some taken care of and a light in that area. We are going to say like Christ said "be the light, be made". Thank you, very much. Mayor Ferre: I think we should have that speech printed and sent to the County. Where is the County? Mrs. Gordon: I would respectfully ask that this gentleman's: statement be submitted to us in a translation, particularly for me so I may completely '> digest the areas of his great concern. Mayor Ferre: Alright, the next speaker will be Anita Cofino. Ms. Cofino: My name is Anita Cofino and I'm Chairperson of Little Havana and I would like to take this opportunity first to thank this Commission and the City Manager Grassie for their efforts in obtaining what we had and what we needed in the Riverfront Park which we were very proud and this I'm doing on behalf of the Little Havana community. Now, my opinion and I'm talking about Little Havana, I don't know what's going on in Wynwood, in Allapattah, or in Edison I'm talking about what's going on in Little Havana. I do believe that the election should be held as soon as possible with one area that is concerned which is expanding the hours of registration. Since there are a lot of people that, for whatever reason they can't make it from 9 O'clock in the morning to 5 in the afternoon, So I believethis is something that we have to be very aware of. Mayor Ferre: What time did you recommend, from... Ms. Cofino: Usually they are from 9 to 5, the register,, APR 3 0 197ii Ms. Cofino: Be extended after 5 so people can be... Gordon: Ms. Cofino: Or either that or open on Saturday so it's available for people who work outside of the area that are owners or lease or have property and they reside in another area. Now, there is another thing that I'm very concerned about and I'm giving my best try to it and I believe that this election and I'm looking at this thing there and I have the paper. The Chairperson, Vice -chairperson and second Chairperson or whatever you want to call it should be, in my opinion, that an election when it's held whoever obtains more votes should be the Chairperson. Whoever takes the second shot of the votes should be the Vice -chairperson and if we are going to go for the Board it should be the remaining people around and got votes from the community should be part of that Board. My opinion is that in the next election should be run a referendum together with the elections letting the community vote whether they want this Board or they don't and the only way you are going to have a community participation is in an election. This is an open hearing for the community. Little Havana only has about eight thousand. people in the community that can vote... that are eligible to vote, their are not here. So I believe that this decision should be made in a referendum in those elections. That's all, thank you, very much. Mayor Ferre: Alright, thank you. The next speaker will be Emilio Lopez. Mr. Lopez: My name is Emilio Lopez and I'm the target Director of Borinquen Health Care Center and I work in the Wynwood area. Commissioners, members of the public as you can see there are many divergent ideas in what is suppose to happen in this election. Community development, you heard the people from Edison Little River, you heard the people from Allapattah, heard the people from Little Havana expressing their feelings and telling you that something is wrong with the process. Therefore, I'm going to make a simple and I'm going to make the same suggestion that I made a couple of weeks ago. I recommend that the elections be stopped, that a Committee be named in which some people from Community Development, your staff and some people from the community that you named or selected by the area agencies or whatever you choose be appointed and for them to come up with a plan, third part of it to come up with a plan to be approved by the Commissioners and that have the feeling or the willingness of the rest of the community to...then to go through the process of elections with whatever plan they develop. But the only thing I will suggest in that plan is that we talk of our presentation and everybody gets emotional and everybody starts accusing. The only thing I will recommend to you is that in this plan that it be assured that many people that are in those communities like the Haitians, the Columbians and other communities that do not participate be assured of participation in the Boards. You know, we talk about people being represented, but there is a lot of people in that community and even in place like where you are now that are not represented in your staffs or whatever. So therefore, if you want them to have some real... we you want to have some real input and some real participation your contingency, you should have some... a project or a plan that assures these people in the community some participation. Thank you. Mayor Ferre: Alright, thank you, Mr. Lopez. Alright, the last two speakers that I have are Eladio Armesto and Pat Keller. Now, is there anybody else who wishes to speak? Does anybody else wish to address the Commission? Lorraine you have already had your chance, I will call you again after everybody is finished. And this lady in the back, I will recognize her at this time. Step forward please. Yes, Ma'am we need your name and address for the record. Ms. Erwin: Good evening Mayor and members of the Commission, I'm Gwendolyn Erwin... Mayor Ferre: Would you lower your microphone so we could all hear you. 4 M. Erwin: Good evening Mayor and members of the Commission, I'm.Gwendolyn ErwinsI'm the Chairman of the Board of the Martin Luther King Boulevard Association and I am concerned about the participation of the people working in the area. You are concerned that we are not getting enough community activities going in our area. The reason for this is because the people are not being notified properly. You cannot do it with one person or a part-time person that have more than one area. I would suggest that if possible you fund us where we may hire someone to do the job for you and for us, you in addition to one person, give us more than two people in that area. We would like to see our area come forth and be recognized. Oki. in regards to your target area, we have already been chartered and organized, Our main concern is that we will determine our method of election and representation. We would like to propose that each target neighborhood: association be funded for administrative and operation purchases and if possible we would like your cooperation and your prompt attention to this problem. Thank you. Mayor Ferre: Alright, thank you, Ms. Erwin. Now,' are there any other speakers other than the last two which are Eladio Armesto and Pat Keller? Lorraine did you want to say something briefly or is yours a long statement? Alright, go ahead and say it and then 1 will recognize first Arniesto and then Pat Keller is the last speaker. Ms. Dunne: I think basically most of these people are pretty much in accord with us. When I say us, I'm talking about the people that havebeen working. Mayor Ferre: Do you want to speak upa little bit louder Lorraine? Mayor Ferre: Well,... Ms. Dunne: Ok, I think most of these people who have spoken are basically in accord with the dissatisfaction that both Annette and I have voiced and that is that there are definitely some things wrong, there are definitely some steps that can be taken to bring about a great percentage of correction without cost to CD. It has to do with efficient administration of staff and the dollars that each area is allocating. It also has to do with the way in which these allocation decisions are arrived at and it is a blend of all these factors that bring about the best use of these monies. I have studied these guidelines all the way from 201 to 207 for these funds and I find that the guidelines and the legislation itself was probably written by a starry-eyed social service worker graduate who never worked a day in his life and probably has a Senator for an uncle because he certainly has no concept of anything, but something very illusionary that sounds great when you are spealing, but which will not work because CD is not working and this is the thing that you are going to have to face whether you like it or not. It is not working. That is not to say that it cannot work, it can and a few minor changes of major importance can make it work. Mayor Ferre: Are you talking about CAA staff? Ms. Dunne: Well, that's part of it, but it's only part of it, Mayor Ferre: Well, you see... well, you see.'.. but yes, but. But the problem is we are not involved with CAA. Ms. Dunne: I understand this and; that's' the reason I didn't name anybody because I did understand this. Mayor Ferre: Well I didn't and I'm glad you brought it out. Ms. Dunne: Ok, fine, There are the basic fundamental thought that was put forth in the legislation itself, that doomed it to failure and that was the fact. That they have required that these boards be governed or controlled by the people that they are designed to help, Now, if these people were competent to help themselves there wouldn't need to be a CD, there wouldn't need to be a board to bring all this stuff together to where it can be effective. I do know from a long years of experience and I know the trauma of being in the poverty level because believe me when I grew up I was poverty. I was, I came up through the depression and you can't tell me about poverty because I really know what it taste like and it doens't taste good. The other factor is that if a person is in the throws of trauma where they are beaten down by lack of money, lack of education, lack of a job skill, all of these factors which has come together and make it impossible for them to gl 10 " 3 0 1979 lift themselves out of the situation they are in no mental condition to Make the decisions or to make it possible, So this is the base factor that's wrong with the legislation itself. Now, if you and I do believe you can come up with some. solutions to work this around where your boards will be a blend of the educated, the uneducated, the disenfranchised, the franchise, whatever fancy language you want to add up to it, but it can be done with a sensible formular and I'm underscoring the word "sensible". Thank you. Mayor Ferre: Alright, the next speaker is Eladio Armesto. Mr. Armesto: Mr. Mayor, lady Comissioner and Commissioners, ladies and gentlemen, my name is Eladio Armesto I live in the City of Miami. I am a taxpayer of the City of Miami. Before me I have counted sixteen persons came out and spoke here about the citizen participation, sixteen persons. Of those sixteen persons fourteen persons are in favor of a board. One way or the other fourteen speakers out of sixteen wants to have a board. A couple of them wants a board appointed by the Mayor and the Commissioners. Others wants a board of fifteen people elected by the people of the neighborhood, others want another type of board, but all of them agree- fourteen out of sixteen- in a board. Representatives from Allapattah, from Wynwood, from Coconut Grove, from Melrose Park, from the Little Havana, from the Viejos Utiles by Dr. Regalado have spoken on behalf of the board. I think this has been a very useful hearing this afternoon. The City has accomplished the goal, this has been an advertised meeting very well publicized by the radio, the newspapers and the TV. I just want to remember the Mayor and the City Commissioners that they are here as an elected officer and they have the duty to rule according to the majority. And the majority wants representation. The old people wants to be represented, the youth wants to be represented, the workers, the businessmen, the laborers, the taxpayers wants to be represented and no one can represent one person a summary of all of them. They have to be represented in a board. That's what I am here asking you to form the formal election to elect the citizen participation in the form of a board, at least of fifteen people. Thank you, very much. Mayor Ferre: Alright, we have... Pat, I will leave you for the last speaker which I think is what you want anyway. And Maria Fanino is here and she just sent her name up, she wants to say, she wants her two minutes. Fandino: (SPEAKS IN Mr. Cortina: (TRANSLATES). My name is Maria Fandino, I am the director of a small newspaper, the ones that are edited here in the City of Miami. I have asked Mr. Mayor to give me the opportunity to say some words, not as the director of a newspaper, but rather as a taxpayer to better this great nation. I have heard the statements of several people here represented which are now running for positions, elected positions in these forecoming elections of the target areas of Little Havana, Allapattah and Wynwood. I can understand the statements of the people who are running, communist, they do not surprise us. They utilize the same words of chiefs of people who are members that have been Chairman to take advantage of positions that are governing over the interest of the small minorities Cubans, Blacks of all of those that they need that their areas be benefited. I am convinced completely that all the Chairman have covered their missions with their duty of realization benefits to all residents of all those areas. I understand that a change must be made, but not a change that I consider brutal where there are only fifty odd people when they should be taken to an election, that it should be of the citizens of each area the one who decides if it should work aboard or it was working so bad for the last years who were in power. I understand we are so close to all the regulations of these elections, they should be done in the same way of years before and then afterwards consult the people if they want to or don't this particular change. Thank you, very much. Thank you, Mr. Mayor. Mayor Ferre: Alright, I notice that one of the candidates in Little Havana spoke and I don't know whether Mr. Machin or Mr. Lopez want to address the Commission or any other candidates that are aspiring for the selection process. Alright, anybody else? Pat Keller, you've got the floor. Ms. Keller: Good afternoon to each of you. Are you able to hear me? My name is Pat Keller, I'm President of the Allapattah Community Association, As you know we have another CD election coming up, I have been part of the election scene in Allapattah since the inception of CD and I have felt shamed at each one. I have heard of bomb threats, I have seen fist fights, I have seen United States Governmental officials as they cringed on the tables confiding in me that they have never United States. Aside from this the money and the energy spent on these gl 11 Ark 30 197$ elections is tremendous. It is conducted like a regular election as you Probably know. One registers at the registration office which is opened' for at least a week, voting machines are installed, votes are counted and so forth and we could eliminate all this by the plan I am suggesting, I have developed along, Rose's thought and several of us got together and sort of... Mayor Ferre: What was that, I'm sorry? Ms. Keller: Rose came up with a thought that I think we would do well to examine the last... Rose Gordon at the last meeting, she pointed out that in the past we have related to our governmental bodies by means of community organizations and what was wrong with that particular method and we sort of.,. some of us sort of developed it further and further and further. At any rate I'm suggesting that we simply have the President of each civic organization form the CD Board of Directors. They would nominate their Chairman and thus the CD Spokesperson. Some of us developed the point of a rotating Chairperson in this way you eliminate politics, you eliminate jealousy and so on. CD public meetings would still be held giving voice to those who don't care to join a civic organization. As we know in the past governmental bodies have spoken to their community in this fashion and through public meetings and that being the case why then do we need all this expensive CD election process? If the purpose of CD elections is simply to obtain a spokesperson, then the suggestion in my judgement and others judgement is the simplest way to do it. Other changes I would like to make in the past those who only work in a area are allowed to vote or have been allowed to vote in CD. This brought about hordes of_ people from out of factories and Dade County Departments that quite frankly I'm none too sure they knew what they were doing. At any rate they were able to vote and... Rose, you pointed this out at the last meeting that these same people could conceivably vote in two areas and this just makes no sense. The last point with the money we would save by eliminating elections. Hopefully, we could get a new urban planner to help us plan better communities. I cannot agree with the concept, you will have to forgive me, but the City Commission should nominate this Board of Directors. I do believe that the individuals that are Presidents of the organizations in our Cities, these people have been elected by people who obviously do care about their community and therefore this would be the basis for my suggestion. I want to thank you. Mayor Ferre: Alright, thank you. Alright, now ladies and gentlemen that concludes the public hearing portion of this and I will open this for Commission discussion and just to get things going I will give you my opinion., Number one, I think there is a misunderstanding on a lot of people who I heard talk today as to what CD is all about. I heard one gentleman address us about an area that has nothing to do with the City of Miami and much less nothing to do with CD. Now, other people were addressing themselves to problems of the CAA or the County or problems that are involved with the social problems. And again, I think it's a misunderstanding of what the Community Development function is. Number two, I want to reiterate that in the past the County as pretty well preempted the City and has determined what the guidelines are. There was justification, in my opinion, for that because they were receiving the majority of the CD funds and therefore, it was their money and they were putting it up and whoever puts up the majority of the money, I think is entitled to call the tune. Now, I think the situation has changed and the City is putting up the majority of the money for CD and the City should call the tune. Number three, we received a letter Merritt Stierheim of the County saying that we couldn't do what we were proposing to do. That is wrong. The reason that it's wrong, again I submit to you is page three and the top paragraph and page four of the guidelines adopted by the County Commission without consultation with the City of Miami Commission, but nevertheless which states that one of two systems can be used, One being the election of a President and a Vice-president and secondly the election of a Board. Now, number four, if we put this out to a selection process as some of you have recommended I'm afraid that unless- let's take Allapattah- Pat Keller and her ladies can garner up an awful lot of people in that community, what's going to happen is that those who are politically able to get the two or three hundred people to the polls to vote are going to overwhelm you. And therefore you are not going to have any form of representation or a voice because what it means is...and in a democracy there is such a thing as the dictatorship of the majority and those of you that have suffered that as members gl i of minorities whether you are women or Black or other people that have been left aside well understand how that functions. What I'm saying is that I want to have the will of the majority expressed. On the other hand I don't want the will of the majority to deny the minority a voice and I think that is only just. To do otherwise is to create the kind of tensions and problems that we are continually faced with in this community by one segment leaving out another segment. Now, some of you may find this strange because some of you and I have had some very strong disagreements in the past. The fact that you and I disagree does not mean that I'm not going to protect with everything I can your right of dissension and I think you are entitled to a voice and to a vote and to an expression of the protection of those things that you wish to represent. Now, with regards to the other alternative,... this is number five of my points here. With regards to the point that we should have an appointed board and therefore safeguard the system. The trouble with that is that appointed boards don't always represent. the best interest of the community because even though we are elected as Commissioners to represent the community. I think that a healthier and I don't object to appointing, we appoint boards all the time. I think one of the lessons that I think I have learned in recent years is that... would you ask somebody to keep quiet back there. Ok, Mr... alright. I think that one of the lessons that has been learned in other Cities where there is a participatory system functioning, we have learned that when neighborhoods are involved in the process of government, that the local government is a much healthier government. And those of you that may have had previous experience in other countries will well recognize that if there had been governments that had been representatives, representatives of the people from the neighborhood level on and there was open participation and all segments were recognized perhaps we wouldn't have the type of problems that we have in local and perhaps even in national governments. The fact is that we have not had always proper representative neighborhood governments... I mean government participation. Yes, it has existed in some areas in Black Coconut Grove where there is a small very active community. In the Grove area in general where there is again, an active group. In certain parts of the Northeast area where we have had people like Grace Rockefeller who have particular interest to represent who have been super active. In the Little River Edison area and so on. There are however, a lot of neighborhoods in this town that have no voice, that have no participation, that have no activity and who's activities wane continuely. It is my opinion that we at the City Government have got to do whatever possible to encourage the active participation of communities and therefore, I would be against the appointment by direct nomination of the Commission. Now, we have three plans that the administration has recommended to us. It is my opinion that we should go to an elected board. Now, Mrs. Gordon you mentioned that the last time that the board... that the President, Vice-president and Secretary system was effective because at the meetings of... there were a lot of people present and that the Presidents that would come here representing particular viewpoints would represent the community's viewpoint much better from an assembly than from a board meeting. Now, I have asked the question in several areas and I don't want to embarrass anybody in particular, so I won't mention it. But for example, there was in two areas that I know of only one meeting in that year of the CD Board and that was right before the distribution of the funds. Now, It you have a whole community or a whole neighborhood where they have one meeting and the purpose of the meeting is to decide how to cut up the money, I don't think that, that is particularly a healthy exercise in participatory democracy. Now, perhaps some other areas you had four or five, six meetings, wonderful, I'm not worried about you. It's the stray lamb that I'm worried about. It's the one where there is one person who is deciding and determining what is to happen. And I think that the only way you can actually avoid that is by going to a board system where you elect people that will represent different constituency. Now, to the question, to the question, how in a board process am I going to guarantee and assure that I'm going to have a voice? For example, Pat Keller can say "what's going to happen is that all these 'Cubans and all these Puerto Ricans are going to come down and overwhelm us and we are going to be left out". Now, the answer to that is very simple, the way it functions in Hialeah, it's called selective voting. You are going to take a hundred of your ladies or two hundred and you are going to vote and you are just going to vote for your people and that's going to guarantee that there is going to be some representation on that board. You know how that functions, there is no big secret as to how that's done. In that way selectively every segment and every area will have proper representation. And I think that the only way you can go to a system that is both participatory in nature, that will gi 13 4 insure the participation of all groups is to go to a large enough board and build into the system required meetings, at least four a year, setup a pool of Secretaries Mr. Grassie, I think you can do it with two or three Secretaries- I think two could do it- that would handle all of the correspondences, call all of the meetings, take minutes, distribute the information so that there is really proper information in two ways. I think, in my personal opinion, that two weeks of registration is plenty. I don't think we need three, I think one is too short. I would recommend that instead of opening from 9 in the morning until 5 in the afternoon, that we open the registration from 1 P.M. until 9 P.M. and I think that the timing is much better from 1 until 9, that's eight hours and that certainly gives everybody the opportunity to come in and register. And if you want may be you might make one day, a morning, so that people who may not be able to get here from 1 until 9 would have one day they could come in in the morning. I would... I personally like two years, I think one year is too short. I think that no individual that is elected for President on a cumulative basis or whatever other system we go to should be eligible for reelection, so that we don't end up with this becoming a political spring board for people to get little ward politics involved in political action. I think that all issues that come before the City of Miami Commission from the CD Board should come from the Board, not from the President with an agenda that should be discussed with the Board where there is a quorum and that the majority of the people at that Board determine what the President is going to say. I don't want any President coming here and adlibbing and making up his own mind what he wants or doesn't want and his... we don't want any little Ceasars deciding what's going and what isn't going in areas. I would say that the board should be no less than fifteen individuals, that a quorum be fifty percent plus one of the total, that four meetings per year should be held minimum, that minutes should be taken and distributed not only to the members, but also to members of the City Commission if they want to follow what's going on at the CD meetings, that any person absent from more than two meetings out of the four a year will not be eligible to serve in the following year. And basically that pretty well covers and that is my idea of what I think we ought to do. I open it for anybody else. Mrs. Gordon: Mr.'Mayor? Mayor Ferre: Gordon. Mrs. Gordon: It's quite evident that the people and that's why we had a public hearing, wish to have a board and I will not quarrel with the wish of the people. I believe that we need to decide which procedure would best serve the needs of the people. Appointed, elected, I believe now I would say that I don't know that any other Commissioner would argue with the fact that a board is the desire of the people. It appeared though in the conversation that some areas wish to have appointed representation and others wish to have elected representation. We might consider permitting the different target areas to select their own procedure as might be the most democratic way of doing it. Each of them have their own thinking, their own needs, their own desires and their own constituency to serve. We might consider something like that. With regard to the period for registration, I fully believe that three weeks is necessary. We need not cut down the time without cutting... we will be cutting out some who may not be able to do their registering in that period of time for whatever reason, illness or vacation or whatever. Why cut down? Why not permit the true democratic process to take it's own course. With regard to the time for registration, I see no reason why we should change the hours that are the legal hours that all of us have 7 to 7 in all other instances where elections are a consideration. I don't really! find any reason to change it to just afternoons or just mornings or whatever. I think 7 to 7 is a reasonable span of time. I think we could get that period of time covered in those areas that wish to have open elections. I guess that kind of sums up how I feel about the situation that faces us now. Mayor Ferre: Alright, Mr. Lacasa or Mr. Plummer? Mr. Plummer: Mr. Mayor, let me express first a personal opinion and then an opinion as a Commissioner. My personal opinion is that I favor the board concept. Whether you call a President, Vice-president or you call it a Chairperson and Vice -chairperson to me really is just nomenclature or semantics that is my personal opinion. I feel that a board of approximately fifteen people with either the Chairperson or Vice -chairperson, President or • gl Vice-president whatever you wish to call him, elected by the people of the target area in my estimation would be best to serve the people of that area. Now, my opinion as a Commissioner, I truly believe that when Community Development started and the rules and the regulations were set by the Federal Government, that it was with the hope and desire that the people of the community would have the right to express themselves in which they felt what was best for their community. I stated at a meeting previous as an example and I will again. I recall the area residents one time choosing a bus bench which I personally didn't agree with, but that's what those people felt that they wanted and they needed and they got it. Now, I feel that the best system that can be proffered is that the people themselves select for themselves or basically and easily said "the people are entitled to as much or as little as they elect". I see nothing wrong with the system of where they people make their own decisions. I am a public office holder and the people decide on me every four years if they don't feel that I'm doing my job they will replace me. If they feel and I want to continue they will elect me. Now, let me give you just a few thoughts aside from that. Number one, I was astonished and I got to tell you that I'm really at fault for not knowing more, that these boards it was my understanding met on a regular basis. Now, I think it is wrong that these boards should only meet as might be said by some "when it's time to cut the pie". (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Plummer: I didn't know that, that was the case Maurice. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Plummer: I'm astonished to learn that they only met when it came to cutting up the cake, ok. I thought that they were meeting on a regular basis and then I found out that it was not the case. If would be my suggestion number one, that they meet no less than once a month, that a public agenda be set forth with an opening for citizen input for agendas. Number two, that whether the system is a President, Vice-president, a Board or a combination, that any person missing or not attending three meetings in a row, "adios" automatically, "good bye". If you don't have the want to do, then get out, no other reason except illness, that of course, placates that. I think that these things must continue. I do recognize, I do recognize the potential of the so called stacking of the deck, I recognize that, not in just one area, but in all areas. And it's possible, it can be done and I guess unfortunately it will be done. 15 A F R 3 0 19i1 Mr. Plummer (cont'd): Now, I think, Mr. Mayor, that this Commission should (1) set up a series of guidelines. Okay? We should with input from the citizenry try to come up with six alternatives, if not six five, maybe seven, what we feel, this Commission feels are good viable alternatives - it might be three, whatever; that then we the Commission establish a monitoring com- mittee, that elections be called for the selection of a system whether it be 1, 2, 3, 4 or 5, that those results for that target area be the criteria for an election to be called and to elect on the criteria selected. I can find no problem, I hate to sound hammy but C.D. is no different than this Commis- sion - it is to be government of the people, by the people and for the people and I think that C.D. should be the same, no more or no less. That's my opin- ion, Mr. Mayor. Mr.'Lacasa: I have no problems with the question of the board. I feel that the broader the representation the better off the system will work. I feel that as in any form of government majorities and minorities should be repres- ented, everybody should have a voice and I cannot see any better way to assure everybody's participation than by expanding the positions to be filled by election and I feel that it should be by election and not by appointment for the simple reason that this is one opportunity more that the citizens have to elect their own people for particular and specific purposes. So all in all I kind of agree with everything that has been said here but, there is one point and that is the point in controversy today and the point is the question of the timing and the timing actually has been one of the most debated aspects of the situation. I don't feel that the Commission at this point should take a decision to change the existing rules without going into consultation with the people that in effect are the ones who are going to be represented by the board and/or by whatever system they choose to be represented by. The rules of the game as far as the representation is concerned should be those decided by the people to be represented. Therefore, I who as stated before believe in the concept of the board. I feel that what we should do at this point is to go ahead with what we have and then go in consultation with each one of the target areas and prepare a system that is acceptable to everybody and put that system into effect. Mayor Ferre: The way that_I sense this is that we're breaking down, Rose, you and I and J. L. and Armando as I see it it's a two to two situation. Mrs. Gordon: In what way, I don't see it that way at all? Mayor Ferre: Well let me finish. I'd like to ask this basic philosophical point of all of us: Why are there constitutions in governments? Why does the State of Florida have a Constitution? Why not go by whatever laws are applicable? Why is it harder to change the Constitution than to change the law? To change the law you get a majority of your legislative body to vote for it, 50% plus 1 and the governor unless he vetoes it. Why is there a veto procedure? See, the answer to that question is that we live in a democ- racy. This is not a republican form in the sense, I mean this is a republican form in the sense that we select in our democratic process people to decide things and then they represent the people. Now in that kind of a process you have to have safeguards. You have to have checks and balances because other- wise you can end up with what has been called by government philosophers the dictatorship of the majority. Now that's what Pat Keller is worried about is a dictatorship of a majority. Now those of you that have suffered the pains of being a minority in a democratic system can understand better than anybody else why we must put safeguards so that any one group does not abuse the rights of other groups. Now, we have to do that. Now I'm not saying that I don't want the majority of the people of Allapattah to determine what happens in Allapattah. What I don't want is the majority of those people to exclude you from having a voice and I don't want you should you be the majority to exclude somebody else and that's happened in our country in the past and I think these are the type of things that we have to balance and we have to weigh. Now re- garding the specifics of the points that were made, I have no objections in going from two to three weeks as Rose Gordon wants, I think that's something that's not, I would accept that that's very good if you want to make it three weeks, if you want to make it more I have no problems with that. With regards to the time of it, I'd like to get at least one week where the registering place is open until at least 9:00 P.M. Now a lot of working people that come home in the Latin community come home late and they want to take a shower and have dinner with their families and 7:00 O'Clock is just not soon enough. So I would recommend that we have two weeks from 7 to 7 and one week from 1 to 9 and that we have at least two Saturdays open so that everybody can get in. Now I've been thinking when Plummer talked about guidelines and this 3 to 6 alternates and get a monitoring board and all that, J. L., with all due respects 1.6 APQ 7 0 1Q7 I think that if we had more time that would be an excellent idea but I think we really should move along in this and the problem with going in that dir- ection is you know what's going to happen, you said it yourself, it's happen- ed in the past - there's ways to stack votes. And you know what's going to happen, in some communities it will work fairly and in other communities those that are organized are going to get their 3 or 400 people in to vote and the rest of the people aren't going to care that much until they're affected and they're going to have the imposition of something that may not be truly repres- entative. Again, that's why we have constitutions because those are the guide- lines within which people can work. So in closing, I would like to make the following modification to my previous statement which I think might solve what Pat and Annette and Lorraine and the ladies from Coconut Grove, Mrs. Sparks and others were addressing and including, would satisfy Mr. Lopez, Mr. Machin, I don't know where Mr. Machin is, or Mr. Perez, this might be the best of all worlds and I'm going to incorporate all of your ideas into one and here's how to do it: We would have an election of a president, a vice-president and a secretary just like you're thinking of doing now. That way, Mr. Machin, you can run for president, Mr. Perez can run for president, anybody who wants to run for president can run and you have your head-on confrontation if that's what you want. However, we will also elect a board and you will be guided by that board. I would say that that board will be a board - now follow me on this because is goingto be a little complicated for a moment and then you'll see how simple it is - the president, vice-president and secretary, a board of 6 or 9 people or 10 that are elected and then the City Commission would appoint three to five members and the reason I want to appoint, and I would specifically put in the appointment procedure that the 3 to 5 appointed members would be specifically to balance those that were elected with regards to race, income, sex and age. That means that if no women were elected that we would immediately insure that women would be selected. If no older people were elected that we would appoint people to represent that constituency and that way the City of Miami Commission could safeguard so that if the electoral process doesn't function we could always appoint people so that you would have proper representation. Now, that's just one more idea. Mrs. Gordon: Mr. Mayor, I have another recommendation that was handed to me and I'll read it so that you may consider it. This is the Edison Little River area where there are seven or eight neighborhoods within a neighborhood where there is very different ethniticity and levels of interest and needs and the recommendation says, "Without setting up a ward system can the board be com- posed of at least two members from each of the small neighborhoods within the target area that were exempt from C.D. purposes". This is another idea that we possibly could consider although it would take time to work it out equit- ably and the idea, well you read it. Mayor Ferre: In an area like our's there are seven to eight neighborhoods each very different in ethniticity., beliefs, interests and needs. Without setting up a ward system can the board be composed of at least two members from each of these small neighborhoods within the target area that married them for C.D. purposes? The present system of election has some worthy people because of the... Well Okay, you're talking about subdividing C.D.'s into neighborhoods and, therefore, guaranteeing - but see, that assumes that ethnic lines go on a sub -neighborhood basis. What you're saying is that in Little River you're going to have a black area and you've got a Cuban area and you have a white area.... Mrs. Gordon: Do you want to speak to it? Because I think you know we ought to have more conversation on it if you intend for us to think about it. 'Mayor Ferre: Go ahead. Are you against it, Mr INAUDIBLE_ COMMENT FROM THE AUDIENCE Mayor Ferre: Wait a minute, Mrs. Sparks, I'll recognize you in a moment. In the meantime either Lorraine or ... Mrs. Sparks, I'll recognize you at this time. Mrs. Sparks: You know, I have to say this first: Those of us who have been laboring in this whole thing strictly from the point of trying to help people .... Those of us who have been laboring in this field I'm sort of per- turbed about what I'm hearing if I'm hearing what I think I'm hearing. Now those of us who have been laboring in this field from its inception and part of what we've been laboring for was citizen participation and not having any- thing come from the City though we respect our City very much, our City Com- missioners. We would like to, I would like to say, for instance let me say 17 -APR 3 0 1979 4 this: When a representative group of us went to Washington and when we heard the Mayors from Oklahoma and Texas and other places say that they were the ones who did this and that and the other and that were they ones who repres- ented the citizens in the first place because they had been elected, we were very proud of being from Miami to say that we had what we considered good citi- zen participation. Now, I think, Mr. Mayor, that our guidelines could be writ- ten in such a way that we include everybody, we would include the poor, we'd include the Headstart people, we'd include businessmen, we would include repres- entation from every segment. Now these are the people who can run when you have your big public election you put all of these categories up there and let the people nominate from the floor as many as they want of the businessmen of the black neighborhoods, the Haitians, the this, the that and the other. We already have a break down of categories, it isn't maybe by all of these ethnic neighborhoods but it is certainly by businessmen, young people, old people, welfare people, Headstart mothers and two or three people with property but don't live in the City - guidelines, you know this is a process it seems to me is going to take longer than what we are trying to do today. It appears that, and the other question is it seems to me that we don't have any guide- lines, are we without guidelines so we can't get the money right now or what are we trying to do, get the guidelines so we can get the money... What are we trying to do? I'm sort of lost. Mr. Plummer: Ms. Sparks, don't preclude my remarks by saying that one of the alternatives is leave us alone, we want what we've got. That can be one of the alternatives. Ms. Sparks: No, I'm really referring to the letter that I got regarding some- thing about disbanning the guidelines from the City Manager or whatever. But I think all this, but you can't do it here today, we need to work on it and those of it as I say who have this whole process in our bones, we are working for this not from any political point, now it's their people, and I have to say that, it's their people out here who are using C.D. as a stepping stone to this place and that place and the other, they don't need to be in there in the first place. These should be people who are giving of their time for noth- ing except that they are helping people and I just don't see anybody on these bords who are manipulating and maneuvering for their personal selves and I think when it is discovered they should be gotten out. Mrs. Gordon: Mr. Mayor, I'd like to express what I think would be probably the best recommendation for the period of time that we're in right now because any new system that we devise has to be carefully thought out. I think perhaps, we have three recommendations from our Community Development Director, the one that the three candidate members receiving three highest vote totals in general election assume chairmanship, vice chairmanship and second vice chairmanship probably has the most merit because that is probably the most democratic pro- cedure that there is and the one year term that they recommend also has merit because during that year the particular target areas could design what is best for their own areas and this gives them time to do that, exactly that. I'm afraid that if we start appointing people very frankly what it will turn out to be will be a political hassle. And let me tell you, the pressures that will be put to bear on this Commission not to fill the slots that haven't been filled but to put in persons who feel that the Commissioners owe them a favor for whatever reason will be the ones who will be appointed and that's the way it generally operates. Mr. Plummer: May I_ ask a question, Mr. Mayor? Mayor Ferre: All right, Mr. Plummer. Mr. Plummer: Dena, i,guess you're the one that I've got to ask of, would you tell me when is the next scheduled election of a target area? Ms. Spillman: The elections were scheduled starting in March running through December, we, however, asked the Community Action Agency to stop all the elec- tions. Mr. Plummer:Has that been done? Ms. Spillman: Yes, so I think we develop a new schedule.... Mr. Plummer: So in other words they're not all' elected at the same time. Ms. Spillman: No, they're` held in different months. 18 r. � � S 0 1977 Mr. Lacasa: Excuse me Dena, but the. answer from the County Manager in rela- tion to that request was that they could not do that. Ms. Spillman: That's incorrect. We have talked to the people at Jacksonville HUD.... Mr. Lacasa: After the letter that we.... Mayor Ferre: That letter was completely wrong as I pointed out. Ms. Spillman: We've already written to Jacksonville HUD. and we told them that we're in the process of developing a=new t system and it's .fine -with .them :as long as we keep them apprised of what we're doing. Mr. Plummer: All right, so what you're saying is some of the elections were scheduled for last month. Ms. Spillman: And didn't happen. Mr. Plummer: Okay. Can I ask you just for a personal observation why are these things staggered instead of all coming due at the same; time? Ms. Spillman: I'll have to answer for CAA but I'm sure it's a matter; of staff. It's very hard to hold registration in eight neighborhoods. This is Helen Bentley who is from the Community Action Agency and is responsible for this process. Ms. Helen Bentley: My name is Helen Bentley, I'm the Citizen Participation and Services Coordinator for the Dade County Community Action Agency. My prim- ary responsibility is to carry out the Citizen Participation Plan of the Com- munity Development Block Grant. Out elections are staggered because we went into a proposed election process in 1977 prior to the general elections under. the Community Development Block Grant. In that document it stated that elec- tions would be conducted every two years. Unfortunately all elections were not conducted in the same month so we are now conducting elections according. to the first election that was held in 1977 and it was not due to staff. Mr. Plummer: Well, Mrs. Bentley.... Ms. Bentley: No, it would be impossible to do it all at one time because there ae 16 target areas. Mr. Plummer: Not in the City of Miami. Ms. Bentley: Eight in the City of Miami. Mr. Plummer: Yes, well that's well and good for justification and because that's the way it's been done in the past doesn't necessarily mean that that's the best for the future and I think that the reason this Commission is (1) look- ing into this matter is because of the expression of the people that, in fact, they're not happy with what they have and I think that that is why this Commis- sion is taking its time to try to develop a plan that is agreeable and work- able and practical so I see I'm not one who has any problem with change. Ms. Bentley: I simply responded to the question that was asked, Commissioner. Mr. Plummer: Okay, I understand, I appreciate that. Thank you. Mayor Ferre: All right, further questions? All right, now we hive a proposi- tion by Mrs. Gordon, let's, see if we can form a consensus here. Mt. Plummer and Mr. Lacasa, as I sense it we're going in separate directions aroundhere and.. Mrs. Gordon: You do? I don t get that feeling, I don Mayor Ferre: Well all right, J. L. t know.why you are. Mr. Plummer: Yes, sir. Mayor Ferre: I'm asking you specifically where are you? Mr. Plumber: - Mr. Mayor, I have made my, thoughts known I think very clear,_ I don't think we're all. going in separate directions, I, think that we all have; APR 30 IV 4 our ideas but I don't see... For example, the one thing I haven't heard any opposition to is the board. I've not heard any opposition to that so I think we're that one step ahead. Mayor Ferre: I'll tell you what then, the Chair.. Mrs. Gordon: I think we could do it piecemeal. Mayor Ferre: Rose, excuse me, the Chair would like to ask this: I think we ought to take this one step at a time so we can make some progress. Let's take one issue at a time and see what the majority is. Now I'll recognize, Mrs. Gordon, that we talk about, now let's be specific. Are you talking about a minimum of or a 15 member board period? Mrs. Gordon: Well, I have no fixed feelings on it, what the people feel is best for them I'm willing to go along on, if 15 is the right number Okay, if 18 or 21 is a better number I don't care. The fact is I'm ready to say that I'm willing to have an elected board and that would be the motion. Mayor Ferre: Okay, would you say with a minimum of 15 members? Mrs. Gordon: With a minimum of 15, not less. Mayor Ferree I accept that. Now, is there a second to that motion? Mr. Plummer: Well, let's don't go through that procedure, is there any oppo- sition? Mayor Ferre: J. L..... Mr. Plummer: Let's do it formally. Question? Mr. Plummer: Under discussion, Mr. Mayor, Rose, are you speaking of fifteen members of which therecould be a president, vice-president, secretary included in the 15? Mrs. Gordon: .That would be the best procedure but the thing we're deciding as a body is that we're going to go with a board, an elected board. That's this motion. Mayor Ferre: And we'll speak to how the board functions next and I'll recog- nize you for whatever motion you want to make then. All right... Yes. Mr. Lacasa: My question is this, and this When is this to become effective? s essential for me in order to vote: Mrs. -Gordon: That's another thing we're going to decide. Mr. Lacasa: If we are discussing about the philosophical question having a board. of eventually Mrs. Gordon: No, I would say that it'is immediate, as soon as possible. Mr. Lacasa: Okay, thank you. Mayor Ferre: Further discussion on the motion as made? Call the roll. The preceding motion introduced by Commissioner Gordon andsseconded by Oommissioner Plummer was passed and adopted by the following vote- AYES: Rev.Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: Mr. Lacasa. SAID MOTION WAS DESIGNATED MOTION N0. 79-286. SEE LATER RESOLUTION NO. 79-317. Mayor Ferre: All rig'':, now with regards to how the president, vice-president. and secretary get elected. Mrs. Gordon: I would like to say that the persons getting the highest number of votes would assume the leadership of the board. That would be a motion. Mayor Ferre: All right, that's a motion. Is there a second to that motion? All right, so I don't see that we have a second so I guess that is not going to be an acceptable alternative. Now, what other alternatives do you want to put up, the election of a president, a vice-president and a secretary? (INAUDIBLE RESPONSE) By the board, all right, that the board would select a ��►FH 3 0 107 rt 2 president, vice-president and secretary. Is there a feeling on that? Mrs. Gordon: I'll stove it that way. Mayor Ferre: All right, there is a motion that the board select the president, vice-president and the secretary. Is therea second to that? Does that mean you second it? Mr. Plummer: Yes. I second it, yes. Mayor Ferre: All right, now we have a motion and a second. Now I want to tell you so you're not surprised that I'm going to vote against that and the reason I'm going to vote against that is because I think that the people are entitled to vote for a president and a vice-president either by accumulation or by direct vote and I don't think that any board should have to do that. We don't select.... Mrs. Gordon: What do you mean by accumulation, Maurice? I don't understand by accumulation. Mayor Ferre: Accumulation is like Hialeah they're the President of the Board. Mr. Plummer: Of the Council. Mayor Ferre: Mrs. Gordon: motion. Mayor Ferre: Yes, I'd vote for that Rose, but then it's going to be 2 to 2, you see. I would second that motion but if I don't see any other feelings here that means that we're not going to have a majority here. Now I would vote for that motion of your's but I didn't see a consensus. Now if you want to put it to a vote, and I think the vote is going to go to 2 to 2 and the reason, J. L., since you seconded the motion, is that I really believe that you have to let the neighborhood decide who their president is. Mr. Plummer: Well, but you see, Maurice, what you're doing, you're going back to what I proposed from the beginning only you're talking about, you're talk- ing against my motion because of the timing. Well let me tell you something, from what Dena tells me some of the elections were scheduled last month so I don't know what hiatus they're in at the present time, I assume they're without a leadership or they are not. Maurice, you know.... Mayor Ferre: I've got the solution - why don't we talk about time first and then we come back to how the board is selected. Mr. Plummer All Mr. Mayor, I'll make you a motion. right, does, if one of the highest votes Well that was the way I moved it before and nobody seconded my Mrs. Gordon: Do we table the one we have or what do you want to do? Mr. Plummer: i'll withdraw my second. Mrs. Gordon: A11 right, Okay. Mayor Ferre: If you withdraw it we won't have to go through the formality of voting on that. Now, with regards to time what is the will of the Commission? Mr. Plummer: Maurice, what I'd like to do, and I'll just proffer it and then you can fight it out one way or the other. I would like to proffer, Mr. Mayor, that within two weeks which is the time necessary for advertising that regis- tration be open in the target areas for 30 days. Mayor Ferre: I thought we said three weeks. Mrs. Gordon: It doesn't matter if it's a month, it doesn't matter. Mr. Plummer: Twenty days, would that satisfy? Twenty days. Okay? That the registration be open for twenty days. Mrs. Gordon: Well, then you've got to give them more time to get ready because two weeks is not enough. 21 rt 7.771 o eirt Mr. Plummer: That in the interim a proposal be deveiaped of viable alterna- tivs to be subjected to the registrants and that they have the choice of mak- ing their selection as to which one they want. Mayor Ferre: All right, that's a motion, now let's see if there is a second. UNIDENTIFIED SPEAKER FROM AUDIENCE: It's dumb. Mr. Plummer: It's dumb? Mayor Ferre: No. There's a motion, is there a second? Is there a second? Isthere a second to the motion? There is no second, it dies for the lack of a`second. Now, Mrs. Gordon. Mrs. Gordon: With all due respects, J. L., I mean I want him to know why I didn't second it. The reason is, J. L., if we did come up with a viable alternative we'd have to have another public hearing and a long period of delay would ensue. I think the quicker we get this thing going the healthier and the better the community is going to be. That's the only reason, I'm not argu- ing with what you have in mind but I think that should take place during the term of the year that the board is going to serve. INAUDIBLE COMMENTS FROM AUDIENCE Mayor Ferre: Wait a moment. Mrs. Gordon, are you going to make a motion with regards to time now? Mrs. Gordon: Mayor Ferre: I ask Eladio to say it in English. All right, come to the microphone. Mr. Armesto: If we can get that agreement now, we have the board, now we have the 15 members. From the 15 members the highest of the three people who get more votes of those 15 becomes the chairman, the vice-chairman and the secre- tary. Mayor FerreI'll vote for that, but you see you've only got two people here who are going to vote for you. Mrs. Gordon: This is a democracy, Maurice,; can I ask the people here how agree with that point of view? Mayor Ferre: All right, raise your hands, those who agree.... Mrs. Gordon: You agree with that point of be the chairman or not? Mayor. Ferre: T view that many the highest vote;.getters e person who gets the most votes would be the president. Mrs. Gordon: Only a few agree. How many don't agree? Well, it appears to me more people don't agree so I guess I wouldn't go that route. INAUDIBLE RESPONSE FROM AUDIENCE. Mrs. Gordon: I agree. Mayor Ferre: Ladies and gentlemen, please. Let me tell you where we were. Mrs. Gordon made a motion, it didn't get a second. Plummer made a motion and that didn't get a second and we're talking about time. I would like to get back to settle the question of time and then we'll come to the selection of the president and what have you. Now, I would like to make a motion, Mr. Plum- mer, if you'll take the chair for amoment - Rose - that the election, that we give the staff two weeks to put this in writing and to distribute.... Mrs. Gordon: That's not long enough, Maurice. Mayor Ferre: Wait a minute. Two weeks and whatever we conclude here to be put in writing and distributed and that then the registration proceding begin and that three weeks of registration then be had and then that we will start with the election process as we have in the same series with Allapattah I think was first and then Little Havana and then Coconut Grove and what have you in the same format that we had before. That means that the first election would occur five weeks from today. rt APR 3 0 1279 22 Mrs. Gordon: Okay, can I again ask the people were speaking before without making them come back to the microphone how many people agree that two weeks is a long enough period of time? How many disagree that two weeks is a long enough period of time? INAUDIBLE RESPONSE Mrs. Gordon: You agree two weeks is enough time? Okay. I didn't see many people that had an opinion on that. Make it three weeks. Mayor Ferre: All right, three weeks for the staff to publish the information, three weeks of registration and then the election thereafter. Okay? Mrs. Gordon: Okay. All right, that's six weeks altogether. I'll second that, it seems reasonable. Mr. Plummer: Okay, under discussion let me ask what isrthe staff developing, Maurice? Mayor Ferre: The staff is going to put in writing what we conclude here. Mr. Plummer: And then the people will vote upon that? Mayor Ferre: No.: Mr. Plummer:' Or they will use that as their guidelines? Mayor Ferre: That's the guidelines. Mr. Plummer: All right, I just ask for clarification. Any further Call the roll. discussion? Mrs. Gordon: The motion now we're voting on is the time for the election, in which target area are we talking about? Mayor Ferre: Let me repeat the motion. Whatever is concluded by the major- ity of this Commission today will be put into writing and submitted to the members of the Commission for their final approval. If you have any objections within two days you have to put it into writing, if there are any objections then we'll have to go through this process again. Now wait a moment, let me finish. Now, once those guidelines are put into writing they will be distri- buted in the community for a period of three weeks from today. That's the target time. Three weeks from today or the end of May give or take a day or two or what have you the registration process will begin and that will run for three weeks. Mrs. Gordon: In which area though? Mayor Ferre: I'm going to address myself to that. Once the registration. period is over the elections will be held in the same order as the County had said they would be held. The first one would be what, Dena? Ms. Spillman: Downtown, Model Cities, Allapattah, Little Havana, Culmer, Coconut Grove, Wynwood and Edison. Mayor Ferre: place? Now over what period of time is the election going to take Ms. Spillman: I think we'd have to work that out with the CAA. Mayor Ferre: Can you do them all within a two month >period? Ms. Spillman: I don't know if we can answer INAUDIBLE RESPONSE FROM AUDIENCE Mrs. Gordon: We can't hear you. Mayor Ferre: All of the elections within two months after the process begins. In other words we'd have three weeks and three weeks and six weeks, the first election begins in six weeks and then they would all be concluded within two :. months. That gives you three and a half months for the whole process. 23 rt J 0 19T?, Ms. Spillman: There's something we forgot. meeting.; Mrs. Gordon: Committee? We have to have a nomination Mayor Ferre: No, a nominations meeting would be in three weeks. That's cor rect. After the registration is over the committees of the areas get together and have'a nominating meeting and the elections would be thereafter. INAUDIBLE QUESTION FROM AUDIENCE Mayor Ferre: The County would have to concur. Ms. Sp.11man: We'll have to work with them. Mayor Ferre: We have to work with them, there's nothing else we can do. Ms. Spillman: However,.I would make a recommendation though on Model Cities because two-thirds of the Model Cities neighborhood lies outside the City. I recommend that the Cityand Countyform separate target areas for Model Cities, we handle the portion within the City and the County.... Mayor Ferre: accept that. Mrs. Gordon: That Mayor Ferre: Mrs. Keller Ms. Spillman: Mrs. Gordon: areas? Mayor Ferre: Ms. ,Spillman: s a goodidea, let's do that. Isthat all right with you, Plummer? We have the satne thing in Allapattah. We'll work out the smaller details. Why don't we just liinit it to the City boundaries That's correct. May Imake a comment on that, however? Mrs. Gordon: Yes. n our target Ms. Spillman For example, Coconut Grove involves part of Coral Gables, it's a very small. portion but the people there have been working together for years and years and for them to form two separate groups now.... . Gordon: Mayor ing o Mrs. over We don't want to disrupt anything that's been happily operating. Ferre: Now to the motion, Rose, is there further discussion on the 'tim- fthis? Does anybody have; any problems with the timing? Gordon: The only problem I would have, if this process' extends itself a period of a year just getting them elected. Mayor Ferre: No. All right.... Mrs. Gordon: The limit of the thing you said before, Maurice? Mayor Ferre: Three weeks. Mrs. Gordon: Yes, but I mean for the last election. Mayor Ferre: Three weeks of registration and then you have to have your com- mittee meetings, I mean your neighborhood meetings for the nominating proced- ure and then after that you have elections and that would not take more than two months from beginning to end for everybody. Mr. Plummer: So you're talking about, let me try to run it through my mind because like Annette says I'm dumb. Mayor Ferre: No, she didn't say that,she said your proposal was dumb. Mr. Plummer: Well all right. We're going to take and we're going to develop guidelines today which will then be reduced to writing and circulated to the people in the next three weeks. 24 'APR 3 0 197! Mayor Ferre: Right. Mr. Plummer: Then there will be three weeks of registration. Mayor Ferre: Right. Mr. Plummer: Then there will be a one week for the areas to call a meeting of nomination and the following week elections. Mayor Ferre: Except all the elections can't be held at once so, for example, Allapattah will have an election one week, Little Havana may have an election two or three weeks later but that the whole process of elections will not take more than two months. UNIDENTIFIED SPEAKER: Eliminate the campaigns...... Mayor Ferre: Yes, but you can't eliminate the campaigns Lorraine. INAUDIBLE RESPONSESFROM THE'AUDIENCE Mrs. Gordon: Okay, your motion included that the total period of time not, extend beyond two months, is that part of your motion? Mayor Ferre: No, the total time, Rose, would be three weeks and three weeks. is six, one week for the conventions or neighborhood meetings and then two months for the elections beginning to end. Okay? Now that means you've got six, seven weeks and eight weeks is fifteen weeks total - beginning to end- from today, fifteen weeks from today it's all over. Mrs. Gordon: Everything will be over in fifteen weeks, that's almost four months. Good Lord! Mayor Ferre: Fifteen weeks is three and a half months. Mayor Ferre: Then limit'. it got to give them.... Mrs.` Gordon: Yes, try to shorten the time. Mayor Ferre: All right, no more than ten weeks for the whole process. that acceptable? Can you live with that? Ms. Spillman: You know we're in the process now, I've got to explain to you where we are. CAA, we'd have to be working with CAA during this with our staff support of which we have very little at this time and I'd have to ask them whether they could accomplish this with out support. Mrs. Gordon: Okay. Mayor Ferre Can you do this in a week period from today? INAUDIBLE Mrs. Gordon: Mrs. Bentley Mrs`. Pat Keller. Maurice, may I have a word? Mrs. Gordon: Mayor Ferre: Mrs. Bentley: month period? Yes, go ahead. Wait a minute, in a moment. Let her would you come to.the microphone. ease? answer and then. Are you referring to conducting eight elections within a two Mayor Ferree Eight, just the City of Mi lem. what the County does is your prob Mrs. Bentley: Yes, that's just what I'm afraid of because we also have man- dates to conduct elections for our CAA Advisory Committees. Well, I would have to look at the schedule because we are conducting elections accordingto schedule. • rt APR 3 0 197a eR; Mayor Ferre: Mr. Grassie, do you want to shed some....? Mr. Grassie: Mr. Mayor, why don't we leave it that it is your intention that this get done in ten weeks, we will try and work out a schedule which will ac- complish that and if we can't do it for some insurmountable reason we will report back to you as quickly as we can. Mayor Ferre: All right, Okay. Now, further discussion on the motion as to timing? Mrs. Gordon: Could'I ask Mr Mayor Ferre: this? Heller to say what she came to.... Pat, are you going to speak with regards to the timing of a Mrs. Keller: I was not addressing on the timing, concept ofthe election. was addressing the whole' Mayor Ferre: I'll recognize you for that in a moment. Now let's get the vote on the timing of it. Mrs. Gordon: Would what you have to Mrs. Keller No, say affect my thinking on this timing?; I don't think so, Rose.`` Mr. Plummer: All right, so are we talking now about ten. weeks? A total of ten weeks. Any further discussion? Hearing none, call the roll. The preceding motion introduced by Mayor Ferre and seconded by Commis- sioner Gordon was passed and adopted by the following vote - AYES: Mayor Ferre, Mrs. Gordon and Vice -Mayor Plummer. NOES: Mr. Lacasa ASSENT: Rev. Gibson. Mayor Ferre: All right, now the chair recognizes Pat Keller. Mrs. Pat Keller: Pat Keller again, I don't want to be repetitious, Mr. Mayor but I just wonder if you're analyzing getting this machinery into operation, the time involved, our energy, our money. The purpose of CD as you know is to make better communities but it sure as heck is going to be working awfully hard on this political machine and I felt it my duty as a concerned citizen to point out that to use my CD money for these purposes, and I would venture to say that this is going to cost more than the coming Dade County Election for this smoking ordinance which a lot of people objected to. Now many of us did address ourselves to this problem, the time and the energy and the money being used for this CD election. I wonder if you people would like to re- examine again as you go into this complex machinery. Thank you. Mayor Ferre: Pat, I think that is a good valid point but you can't do, you can't be all things to all people at all times. Now, you know I'd like to have all of this and for it not to cost any money, but if you want a repre- sentative community involvement in the CD process you've got to have elections. Mrs. Keller: Not necessarily, Maurice, it seems to me to find a spokesperson shouldn't be so awful awful difficult and be so expensive. How much is this going to cost? It's going to cost us $400,000 for this coming Dade County Election and I would venture to say that with the time and the effort that we're putting into it I'll bet you it's going to cost close to a million dol- lars. Mrs. Gordon: What? Mrs. Keller: Well, it's going to cost $400,000 in Dade County and we're going to have these eight divisions here, I bet you it's going to cost plenty. Mayor Ferre: If I read the consensus of this Commission, we want to go to an elected process, not an appointed board. Mrs. Keller: I wasn't suggesting appointed in the concept that you were but thank you, Maurice. Mayor Ferre: All right, thank you. very briefly. ow, Mr. Casanova wanted to say something 26 APP 3 0 1;79 Mrs. Gordon: I just want to say one thing to Pat because I do want her to understand why I feel that this is better than taking community heads. There are so many civic organizations in some communities, Pat, in others there aren't. So how could we possibly get equity under that system? It would be too difficult. Mayor Ferre: All right, Mr. Casanova. Mr. Casanova: Por favor, la personna que.... Mayor Ferre: All right, our very able simultaneous translator. Mr. Casanova: (As translated) Mr. Mayor, members of the City Commission and people in the audience, my name is Hernando Casanova. Almost everybody knows me. According to the authorities in the last elections at Allapattah I lost with 864 votes. Now my question is at this time let's assume that four boards are elected. It is now being decided that the positions should be according to the votes that the elections come up with. I would like that to be answered if that's. CONVERSATION BETWEEN MAYOR FERRE & MR. CASANOVA IN SPANISH. Mayor Ferre: Mr. Casanova is recommending that we adapt the vote by accumula tion process. Mucha gracia. Mr. Casanova: (As translated by Mr. Cortina) Let's assume that four boards are elected. It is now being decided that a position should be according to the votes that the elections come up with. I would like that to be answered if that's.... Mayor Ferre:. Mr. Casanova is lation process at this time. Mr. recommending that we Mucha gracias. adapt thevote by accumu Casanova:. (As translated) A question was posed... Ms. Spillman: Mrs It's going to change. Gordon: What? Mayor Ferre: The question is will the area will it change. Ms. Spillman: Geographic? It won't, the same, we're not changing.... Mr. Casanova: Okay, muchas gracias. Mayor Ferre: All right, now we concluded the public portion, out of courtesy to you, sir, I'm going to let you speak but we really have to cut off the pub- lic debate here and get on with the voting. Your name and address for the record. Mr. James Lee Campbell: My name is James Lee Campbell. I live at 1180 N.W. 59th Street in Miami. There are some target areas like the King Heights area that already have the by-laws and the by-laws state that the board must elect the president, vice-president and secretary. I would like to know what would become of the by-laws in such an area. Mr. Plummer: To answer your question, sir, it will change. Ms. Spillman: No, .... propose that in our smaller neighborhoods, you know we have the large CD target areas and then the smaller NSA areas - if somebody will get me the map I can show it. We would keep those smaller processes going. These are neighborhood level, people meet weekly on committees, it's really up to them how they want to organize themselves and that would stay the same. What we're talking about is.... Mrs. Gordon: Is that the neighborhood strategy areas you're talking about? Ms. Spillman: Right. Mr. Plummer: He's not asking that. Ms Spillman: Yes he is. in Allapattah remain the same or 27 APR 3 0 1979 4 Mr. Plummer: He's asking, about the target areas. Ms. Spillman: He's asking about the King Heights area of Model Cities. Mr. Plummer: We're not even talking about that today. - Mrs. Gordon Yes, but within the target area there are strategy areas, and these are the areas that were selected for revitalization.; Mr. Plummer: Yes, I understand, Rose, but what he is speaking of is the neigh- borhoods, they have their own set of by-laws. That's not under consideration, sir,`; for any change either wr� .;'Spillman: Right. Mr. Plummer: We're only speaking of the eight target areas as Mrs. Gordon: The larger target areas. Mr. Plummer: Just the target areas. You damned many people involved. Mrs. Gordon: MY? Mr. Plummer: I'm going to tell you, you've got layers on top of layers on top of layers. Mrs. Gordon: Where are we now? understand it. know what? I` think you've got too Mayor Ferre Where is Mr. Lacasa? Mr. Lacasa, can we get you back here? We've got a tied Commission here, we've got to have a full quorum. Go ahead. Mr. Art Cashon: Art Cashon from Allapattah. There was something that was said a while ago that either I misunderstood it or I think it could cause a lot of confusion. I believe, Mr. Mayor, that you said that you said that it would be an election and the highest number of votes.... Mayor Ferre: No, sir, we haven't decided that yet. We're in the middle discussing that. Art, the only thing we've actually in fact done is the timing. Mr. Plummer: Mayor Ferre: I'd like for you to sit down so we can proceed and then if you have any questions - we have not decided that point yet which is the next point to decide. Now, the question before us, ladies and gentlemen are how do we elect the president, vice-president and secretary and as far as I'm concerned I'd be willing to vote for either Rose Gordon's motion which was by accumulation, I accept that if we can get a third vote and absent that a di- rect election for president, vice-president and secretary. I would not agree to the board appointing the president, vice-president and secretary. Mrs. Gordon: I would not like to see separate election for a chairman, vice- chairman and so forth and so on because it could logically eliminate someone from even being represented on the board and I don't want anybody limiting. Mayor Ferre: All right, now, if you will make that motion again I'll second it just for the purposes of getting it out for a vote. Mrs. Gordon; Well, J. L., what's your preference because you've got two very agreeable people here, what's your preference? Mr. Plummer: The board as I understand it is going to be elected by the peo- ple so I have no problem with the board electing the three officers nor do I, truthfully I have no problem with the other. Mrs. Gordon: All right, you move it that way and I'll second it. Mr. Plummer: What do you mean I move it that way, I've said two things. Fine, for the purposes of making a motion that the board elect the three of- ficers. Mayor Ferre: The board will elect the three officers? Mr. Plummer Yes, the board will elect the president, vice-president, secre- tary. 'APR 3 0 1979 rt Mayor Ferre: And there is no public discussion at this point unless :one 'o the members of the Commission asks. Mr. Plummer: Mr. Mayor, can I clarify my motion? My motion is that that is predicated on the 15, that the president, vice-president and secretary -treas- urer - is that what it is - come from within the board. Mrs. Gordon: Mr. Plummer: Of course, I second that. I'm just clarifying the motion, that's Mr. Plummer: The board selects the three officers. Mrs. Gordon: I'll second it. The preceding motion introduced by Commissioner >Plummer ..and seconded by Commissioner Gordon failed to pass by the following vote AYES: Mrs. Gordon and Mr. Plummer. NOES: Mr. Lacasa and Mayor Ferre. ASSENT: Rev. Gibson. Mayor Ferre: I vote no, as I stated before I do not believe in the board `sel- ecting its own president. Either the people select the president directly or they can go on to a cumulative vote. Mrs. Gordon: All right, we'll go the cumulative vote procedure, I'll move it that way. Mayor Ferre: Mrs. Gordon moves that the process be on a cumulative basis. The highest vote getter will be the president, the second highest vote getter will be the vice-president and the third highest vote getter will be the sec- retary. I second that motion. The preceding motion introduced by Commissioner Gordon and seconded by Mayor Ferre was passed and adopted by the following vote - AYES: Mrs. Gordon, Mayor Ferre, Vice -Mayor Plummer. NOES: Mr. Lacasa • ASSENT: Rev. Gibson. SAID MOTION WAS DESIGNATED MOTION NO. 79-288. SEE LATER RESOLUTION NO. 79-317. Mrs. Gordon: I think it would be encumbent upon the Office of Community Devel- opment to ascertain that if the chairperson so elected was not bi-lingual that they be certain to furnish a bi-lingual person to assist the elected chairman. Mr. Plummer: Por que? I don't understand that. Rose, if the people elect an individual - you know, Lorraine, let me tell you something - if the people select an illiterate, and I'm not going to make that determination.... Mrs. Gordon: That's not illiterate, J. L., because someone isn't bi-lingual. Mr. Plummer: Let me say this: Lorraine, let me tell you if the people 'sel- ect a person who is considered to be illiterate and that's what they want - so be it. Mayor Ferre: Mr. Plummer, the problem with that is - let's not get into, it because we'll be here all night. I'll tell you, ladies and gentlemen..... Ms. Spillman: Justone item that has been talked about but no decision has been made and that's on whether someone who works in the area should be eligi- ble to participate. Mayor Ferre: We're not through by a long shot, we've got five more items on this area, that's one of the things to be considered which I think we have to vote upon. All right, now we'll take that one up next. The question now is should people who live in the area be the only ones to vote or should it be people who live and work. Mrs. Gordon: Live and work, and I would so move because.... Mayor Ferre: It's been moved, is there a second? APR 3 0 1979 Mayor Ferre: UNIDENTIFIED SPEAKER:, .:,Spllmans Also, live or own property.. Live, own: property or work. Own a business. Mrs. Gordon: Mrs. Dunn: Mayor Ferre: Mrs. Gordon: Mayor Ferre: What did you say, Lorraine? Own a business. Well, that's work. Yes, let me say why it's necessary. Live, work, or own property. The preceding motion introduced by Commissioner Gordon and seconded Commissioner Lacasa failed to pass by the following vote- AYES: Mr. Lacasa, Mrs. Gordon NOES: Mr. Plummer, Mayor Ferre ABSENT: Rev. Gibson. by ON ROLL CALL- Mr. Plummer: I thought I asked to have a question answered. Mr. Lacasa: I want to explain why I am voting yes on this. I am voting yes on this motion because this motion does not imply a change from the existing. rules. I have voted no before because they do imply a change from the exist- ing rules, this one does not so I vote yes. Mayor Ferre: Well, since I have the determining vote on this I've got to understand this better. Plummer, I asked him why he voted no and he says, and it's a valid question, how do you determine where a person works because then, for example you can get - and I'm not accusing this happening - but I've heard from Allapattah and some of you from Allapattah that some people who live in Little Havana will vote in Little. Havana then move over to Allapattah and it's the same people voting twice that end up controlling the Wynwood or the Allapattah area and they're playing games. Therefore.... I'll vote no. Mr. Plummer: One person could vote in three or four different target areas, that's wrong. Mrs. Gordon: You have a point, so let's have a little public discussion on that point. Mayor Ferre: Wait a minute. So, therefore, for the purposes of, since we have to do this in an orderly fashion for now I vote no and, therefore, the motion is defeated and someone from the prevailing side which is my side, and I would so move it if after discussion if we form a consensus. Mrs. Gordon: Well you're not on the prevailing, you're on the.... Mayor Ferre: Yes, I voted no and, therefore, it's defeated. Mr. Plummer:. The prevailing wins, Rose, and 2-2 it's tie Mayor Ferre: And, therefore, I'm on the prevailing side. Mr. Plummer: That's correct. Mayor Ferre: And I tell you right now that I will bring it up again after dis- cussion. All right, go ahead, Anita. Ms. Cofino: Doesn't the CAA keep a list of the ferent area? Mrs. Gordon: How's that done, Dena? Ms. Spillman: It's a very tricky process and it's done by, if you present an affidavit from a business owner or employer saying that you work for that per- son you are considered a worker and can, therefore, vote. Mrg. Gordon: Yes, but if you own property in the other areas that brought out, that's really', raised a problem in my mind. I'm :talking about working now. Ms. Spillman:' No, Mr. Plummer: Ms Spillman: Mr. Plummer: That's ridiculous. Mrs. Gordon: Also, what about a person who holds three part-time They could vote in all three target areas. Dena, can you was ju jobs? ride a bus through Aliapattah'and Winer... control someone voting in two separate elections? Mr.Plummer: Sure`, very simple people who live in the 'area `'get Mayor Ferre: No, there's anoth point. Nowlisten to this beca wherever you: live, own property e - you make a qualification that says only those the right to vote. r way to do it. I think Rose Gordon has a use it just struck me. I'm willing to go for or work provided, however, that you cannot vote in two places. Gordon: es, either place. Ms. Spillman: It would be very hard to police that that. it's very hard to control Mayor Ferre: By name, you have to have a driver's licensefor identification. Mrs. Gordon: Maurice, -this `is really a problem area. I didn't think it was such a big problem but I'm beginning to think it is. I'm going tosay that I'm just going to - can I change my vote now? I just want to get out of that one, I don't want it staying on the records that... Mayor Ferre: We have to make a decision. Mrs. Gordon: I know but this has some problems that somebody to tell me how we're going to handle this problem. is going to have Mr. Plummer: Mr. Mayor, I'd like to make a motion that qualifications for voting in a target area be by living in the target area. Mrs. Gordon: But that's no good either because.I could tell you that there are a lot of people owning a lot of valuable property whose property is going to be affected by whatever happens and.. youdon't want to just ram something down their throat. Mr. Plummer: Rose, it's the same thing that happens today for landlords who live out of the City of Miami.` Mrs. Gordon: Live? Wait a minute, let me get this straight. Or you just want a vote? Either live or own property, does that cover the problem area? Mrs. Keller: If you live and own property you have the right to.... Mrs. Cofino: What about in one case like, for example, my own case. I'm the chairperson of Little Havana now. I work in the area, I don't live but where I live there is no community, there's no Allapattah or there's no other place so I don't vote in any other place than where I work, which I spend eight, nine, ten hours in that area and I don't have any other place to vote because I live close to Coral Way and there is not a community there, just on the dividing line. Mr. Plummer: You know what? You want to know something? I fall into the same category. I don't get to delegate anything because I don't live in a target area. I don't vote, you know millions of my dollars - a taxpayer - are being spent in my community but I have no say. I have no vote, I have no right to run for office, I have no say whatsoever. They set guidelines that, in fact, you must have target areas, the target areas were established and where I live is not one of the target areas. I guess by qualifications I could, you know the funeral home on Flagler Street, that's part of Little Havana, nobody ever petitioned me nor any of my customers. °' 7 0 1g7g Mayor Ferre: The public portion of this meeting is now closed unless a member of the Commission asks you a question. Now, Mr. Alvarez, I have a legal ques- tion for you. If a person before voting signs an affadavit that he has not voted in any CD target area other than the one he's voting on and signs it and it is subject to prosecution should there be a violation can we legally do that? Ms. Spillman: Does it have to be notarized? Mayor Ferre: Would it have to be notarized? Mir. Jose Alvarez: Well, the affadavit perse means that it is notarized and as far as requiring,it,I don't see any problem. Mayor Ferre: No, that's not the point. Look, when 1 go vote and I go to the booth they give me a piece of paper and I sign my name on two pieces of paper. All right? Mr. Alvarez: Correct. Mayor Ferre: That says that I'm a registered voter and this and that and what have you. Now that's a legal document. Now my question is when a per- son goes to vote could we require legally for that person to sign their name John Smith and that what he signs is a little slip of paper that says, "I here- by swear to and certify that I either live, work or own property within the target area and that I have not voted and will not vote in any other target areas? Mr. Alvarez: I cannot think of any problems. Mayor Ferre: Does that have to be for it to be a legal instrument to be pros- ecuted by somebody does it have to be notarized or is it allright just so there is a witness? Mr. 'Alvarez: Well, it desk, yes. Mayor ;Ferre: Which is the way we do it in the registration,that's the way we vote.Now, is there a problem with that? could be witnessed by the person sitting across Ms. Spillman: The only problem that I see, and I don't know if anyone will complain about is that for example, if you have someone who lives in Allapattah and has their residence there and then owns a major block of property say in Culmer - I'll just use it for an example - you're asking them to choose which neighborhood they participate in but that's just the decision that needs to be made here. Mayor Ferre: All right, what is the consensus at this point? Mrs. Keller: May I address myself to that point, Mayor? Mayor Ferre: Not unless somebody recognizes you. Mrs. Gordon: I'll recognize you, Pat. But I want to also state even the ownership of property, a guy or a gal could own property in three or four target areas. You know really they have an interest in those areas. Mrs. Keller: Yes, well he would have an interest in three or four areas so it would seem valid in my judgement if a person lives or owns property he should have a right to vote in relation to these CD monies. But I'll tell you what happens if we allow people that only work in the area to vote. What happens? I've witnessed whole factories getting out at lunch time and well, it's awfully strange they all seem to vote for the same individual. I've sitnessed the Dade County Courthouse getting out at lunch time and they go on up to vote and they can throw the entire Allapatta,. election. So, therefore, we most of the time, many of the time have people who only work in the area, have no stake in the area, they don't own property and they live there, they are operating our community. Mayor, did you understand that point, what we have seen occuring in Allapattah? Mayor Ferre: I understand what you're saying and remember I'm the one that, agreed with you on it but let me.... APR 3 0 1979 32 Mrs. Keller: I don't quite know how to behave with an agreement. Mayor Ferre: Let me tell you what my problem is though, and Rose just pointed it out. She said, but you know the problem is that we can't have everything around here you know, we've got to decide and the fact is as bad as all this is about people working and voting twice I don't know of any other way of do- ing it other than by having people sign an affadavit when they vote that they either live, work or own property and will not and have not voted in another election. Other than that I don't know of any other way and that's a fair way of doing it and I would so move at this point. Mrs. Gordon: Well that's what we had before. Mayor Ferre: No, it's different. All right, here's the way I'm going to move it. Mrs. Keller: Actually, when you have somebody working in an area he's not con- tributing towards that area and he's going home at night and he's going to for- get it and he could very conceivably be in charge of what is going on in that area. I'm going to ask you to study that very very closely, Mr. Mayor. Mayor Ferre: I understand your point but you can't solve all the problems and I think the middle groundis this. I move that the people eligible to elect be the residents of the area, the owners of property in the area and the peo- ple that work in the area, provided, however, that upon voting each person sign a statement that they are qualified voters under that regulation and that they have not and will not vote in a second CD election so that they will only vote once and that it is subject to legal prosecution if they violate it. I so move. Mr. Lacasa: I°second it. UNIDENTIFIEDSPEAKER: Mr.`Plummer: No, sir, you're out Mrs. Gordon: Well, I asked him to.... Mr. Plummer: Oh, I didn't hear that. UNIDENTIFIED SPEAKER: The speaking, all the ladies speaking here, por favor, yo quierro hablar al Sr. alcalde y los senores commissionados. Mrs. Gordon: Wait a minute, interpreter. UNIDENTIFIED SPEAKER (Translated by Mr. H. Cortina): There is a question with respect to the board that I would like to ask. Who is going to designate this board? Mr. Plummer: Wait a minute, sir, you'e out of order, you're not speaking to the motion. Tell him. We're on a different subject now. We're speaking to the subject of who is a qualified voter. There is a motion and a second and you can only speak to the motion as it is on the floor. Mr. Cortina: He has mentioned that he was not offered the opportunity to speak. relating to that subject before. Mayor Ferre: To the question, he's out of order and Mrs. Gordon: The question I asked, and I -would like, his answer, I though he was going to answer me on that question was whether this procedureof living,'> ti working or owning property is a question of any concern to this gentleman. Mayor Ferre: I call the question. Mr. Plummer: The question is called. The preceding motion introduced by Mayor Ferre and seconded by Commissioner Lacasa failed to pass by the following vote- AYES: Mayor Ferre and Mr. Lacasa. NOES: Mrs. Gordon and Vice -Mayor Plummer.' ASSENT: Rev. Gibson. 33 APR 3 0 1979 Mrs. Gordon: I have heard enough other opinions for me to be opposed to the total concept that we're proposing here now. I would prefer the property owner and the residents because the policing or even the affadavit of people working, people may work a week or two weeks during the election and leave. I just find it too haphazard. Mr. Plummer: I make a motion at this time that only people living in the tar- get area be qualified voters. Mrs. Gordon: And owning property? Mr. Plummer: I didn't say that. Mrs. Gordon: Oh well Mayor Ferre: Is there a second to the motion? Is there a second to the mo- tion? Is there a second to the motion? Mrs. Gordon: I move you that people who owa property with a great financial:. interest in that area have every right, if we're really going to give people the right to express what is best for the community it has to be people who own property so I move that owners of property and/or residents of the area. Mr. Plummer: Rose, who is going to determine what a great financial invest- ment is? Mrs. Gordon: Well, if you need an appraisal I'll get you one.; Mr. Plummer: Just a piece of property period, isthat what you're saying, Rose? Property ownership. Mr. Plummer: Okay Mayor Ferree All right, we have a motion by Mrs. Gordon that - as I understood the motion - that people who live and:own property be voters. Is there a second to the motion? Is there a second to that motion? Is there a second to that motion? So>I would recommend until Father Gibson gets here because we obviously -have a'haitus. Here; he is. Mayor Ferre Your timing is pretty good. NOTE: Rev. Gibson entered the meeting at 5:55 O'Clock P.M. Mayor Ferre: If I may have your attention, please. Father Gibson, we have been on this now, it's almost 6:00 O'Clock and we started at 3:00, we've been on it for three hours on the subject. We had 18 speakers, out of the 18,15 of them expressed themselves for a board. It was put to, it was presented one step at a time and here's where we are. The Commission decided that we would adopt the board procedure rather than the president, vice-president and secretary (1). (2) The Commission agreed to a president, vice-president, secretary on a cumulative basis, in other words that in each neighborhood whoever gets the most vote would be the president and whoever gets the second most is vice-president and third is secretary. The board would be 15 or more including, of course, the officers. Now, where we're at now.... Mrs. Gordon: They're all by election though, they were by election. Mayor Ferre: By election, all by election. Now where we're at now... I'm sorry, the third thing that was agreed upon is that the whole process now not take more than ten weeks and it is divided as follows: Three weeks for com- munication purposes, three weeks for registration and then after that elections in different neighborhoods hopefully not to take more than ten weeks. That's the third thing that the Commission has decided. Now where we're stuck now is we're on the 4th item and that is who is eligible to vote. We started out with a motion that was defeated. It went 2 - 2 and the motion was that people who live, work and own property, then a motion was made that only people who live vote. That did not get a second. And then a motion was made by Rose Gordon that only people who live and own property - that did not pass so we're basically in a haitus and as I understand it Plummer wants people only who live in the area to vote. Rose Gordon wants people who live and own property and/or own property to vote. I made a motion which was defeated. Having ^^°01979 34 ** • voted against the original motion I then made a motion being on the winning side, it was defeated, it was a no vote and the motion was the people - I changed my mind - the people who live, work and own property provided, how- ever, that they sign an affadavit before they vote that they either live, own property or work and that they will only vote in one CD election and that they could be prosecuted if they're found to be lying and that was defeated 2-2. Mrs. Gordon: Now let me express our point of view of why. The reason why I feel a great amount of danger signs with regard to the work aspect of it even though originally I did go with it but after further consideration I realized that someone could be working for a week or two weeks during that election period and that's it, they're gone. They're out of the picture, they have cast their vote, they have really no deep interest in the area. The interest in the area has to be deeper than a temporary position and we have no control over how temporary or steady a person's position would be. We can't control that. Mrs. Cofino: Commissioner Gordon, let me say that a person owns a property in Little Havana, he ownsthe "property so he's concerned about what's going on with his property but he lives. in Allapattah. Axe You giving him the right to vote in. Little Havana and Allapattah too because he's an owner? how would you handle that one? That' Mrs. Gordon: Dena you. s one I'll field to Mayor Ferre: Let me expand it. Suppose one person owns property:in of `the CD's,>is he entitled to vote.in each CD? Mrs. Gordon: What; if; hn . e` works ioneand sleeps in another and owns property in a third? What then? If you're going to ask me thatarswer that one. Mrs. Cofino: But what m trying to say is that if you're going.... each one Mr`. Plummer: Father, where is that great speech? Us people who live there are going to be there, those people who work come and go, those people come and go. Now you know, I'm sorry, I'm excluded from this process, Anita. I don't have any say in them but let me tell you the people who own homes are going to be there. You might work today for a factory and you might not work for that factory tomorrow because it's not really your decision. You decision to move or not to move is your decision nobody else - maybe the tax assessor. And I just don't know of a fair and equitable situation other than if you live there. You know tomorrow the factory could burn down and none of you are there. Mayor Ferre: Yes, but you see, J. L., let me give you the argument against that. If I own a piece of property in Allapattah or in Coconut Grove and I live in another part of town and CD funds are going to be used that are going to affect the general area I think I'm entitled to express my opinion. I agree with Rose on that. Now let me ask you, suppose I work in Allapattah, and that's going to affect my lifestyle and my rignts, if I own property why should property owners be the only ones allowed to vote other than those who live there? Working people have just as much at stake as those who own prop- erty. Now who is going to be wise enough to decide that? And, therefore, I submit to you that the way to do it is you put it to the person's conscience and you say, "If you live, own property or work and you sign an affadavit that you will only vote in one target area". UNIDENTIFIED SPEAKER: Commissioner Gordon, I'd like to address with reference to people working in the area. Mr. Plummer: Excuse me, sir. Mr. Mayor, I have no objection to this man or anybody else speaking, you laid a predicate that said that the public discus- sion is over and it is now among the Commission unless some Commissioner calls upon them. s. Gordon: But J. L. -We .let some speak, why do we, you know Mr. Plummer: I'm;asking only a ground rule be set. Mayor Ferre: Well, as far as I'm concerned the public meeting is over and I'm willing to cut off all discussion with the public because otherwise we're going to be here until midnight. We've got citizens on other items here and they're entitled to be heard to. Mrs. Gordon: i want to hear this man. APR 3-0 1979, as Mayor Ferre: Wait a moment. The chair is going to rule that the public por- tion of this is going to be closed unless the Commission overrides my decision. Now you tell me what you want to do. As far as I'm concerned the chair is go- ing to rule that all public portions of this meeting is now closed, that means none of you are going to be recognized. Mrs. Gordon: Maurice, you have two people who expressed that they would answer my question and if you'll just let them answer maybe our dilemna could be solved. Mayor Ferre Okay, I'll permit two more people to talk and you want to talk too that's three and that's it. Then I'm going to close it off. Mrs. Gordon: Okay. UNIDENTIFIED SPEAKER: Let's go to the area where Allapattah is. As you all are aware, most of the owners of property in Allapattah if you go to commerc- ial property they don't live in the area. They're up in New York, Pennsylvania, now you have a man like this man who just opened a business there and signed a ten year lease. Why would you exclude him from the voting process which is going to help his community where he lives? You know he doesn't live there but he works there 12, 13 hours a day. Why would you exclude the person that works in the area that spends most of his income and his time in the area where it's going to be improved? Mayor Ferre: I agree. Mr. Plummer: To answer your question, sir, in the same way that we, the Com- mission are elected we exclude a person who does, not live in the City but poss- ibly works there from voting - the same way,` no different. This is the American well', sir. Mayor Ferre: o, this is a different system. me. Plummer: No, I disagree UNIDENTIFIED SPEAKER: I think this is a different election and the improvements are direct bcnefitsto the people who work in the area, they spend the money in the area., and they have a lot to say what happens around where they work. Mayor Ferre: I might point out, J. L., that the federal guidelines recognize the ability for people to vote who are affected and that includes people who work in the area and who own property. UNIDENTIFIED SPEAKER: Make it a six month requirement that you have to work in the area six months prior to the election. Mrs. Gordon: Okay. He made a point that if the man signs a ten year lease he's really got a leasehold interest. He's got a vested right in the area, that's true, I agree. A ten year lease certainly has a vested interest in the area. I understand your point. UNIDENTIFIED SPEAKER: You could make it a requirement of six months employ- ment with an affadavit from the employer. If the employer and the employee have an interest in the community they're going to make that affadavit, they're going to fill it out and turn it in to you. Mayor Ferre: All right, we're going to get into a very complicated costly process. UNIDENTIFIED SPEAKER: My concern is very simple. Okay? I think the people that work in there in some manner are interested in the area but I think that those people that work in factory they're only interested in working in the factory because at 5:00 they run to other areas. I think the people should live in the area. They're more interested because not only do they have to send all the day, you know all day long and the people who own property in the area in some.manner they are interested but in a different way than the people who reside in the area. My personal opinion in this matter, it should be the people who live in the area, you know should be eligible for running and the people who have property in Lhe area should be another choice, if they live in a target area that has citizen participation in this program it should be at that particular. area. But the people who have to reside in the area 24 hours per day should be the people to be eligible where they have to put the money. That's my personal opinion. APR 3 0 1979 36 • Mr. Plummer: The danger as I see it conceivably, hypothetically you could have a board, a president, a vice-president and a secretary who don't even live in the area. UNIDENTIFIED SPEAKER: Correct. And not only that, I think it is important, Maurice, I'm aware of that , okay. since I am a resident of a particular area I'm tne chairman of that particular area. Correct? And now I own a property in a particular area. I sold the property three months later. What would be my status? You have to realize that also. Mrs. Gordon: Oh boyl Mayor Ferre: Now we have one more speaker and then that's it. Your name for the record. Rev. Nathan Streeter: My name is Reverend Nathan Streeter. I'm Youth Advisory Chairman of the Martin Luther King Neighborhood Association. Obviously we are really defeating our purposes. The only way that we can control those persons who are eligible to vote is by having those to vote who live in the neighborhood. There is no other way. I don't care how many affidavits we issue out, we have no way of knowing whether these people have defrauded or whether they have broken the law or not because we're not going to go back and check it out. There are some of our people who have more than one name and they're going to break the law, let's face it. So I feel that the only way - and it's from listening to you and you voted on it - the only way we're going to control this is by letting those' who are affected in the neighbor- hoods vote. Thank you. Mayor Ferre: Thank you. Now, what is the will of the Commission? Now we have a full Commission so maybe we might be able to get three votes. recognize anybody who wants to make a motion. Father Gibson? All right, Mr. Lacasa. Mr. Lacasa: I move that persons wholive, own property and work in the area be eligible to vote with the provision that they will have to sign a sworn affidavit and be subject to prosecution if they lie about the eligibility requirement. Mayor Ferre: Is there a second to that motion? That is the same; motion that was made before and got defeated two to two. Is there a second to that motion? Mrs. Gordon: Maurice,I think we're going around in circles, why don't we table this issue until later? I. mean that willgive us time to mull over all the conflicting viewpoints we've had. Mayor Ferre: Allright,the next item to come before us is the question of term and I would recommend that we accept the, two years. Does anybody have any problems with that? Mrs. Gordon: I prefer the one yearso we can then redesign tne, I think, our department has really thought this thing out very, well and I think we ought to go along with what they recommended. Mayor Ferre: All right, what's the motion? Mrs. Gordon: The one year. Mayor Ferre: There's a motion for one year. Is there a second? Mrs. Gordon: In that period of time the neighborhoods can redesign task forces if they want to. . Plummer: That this particular term be one year, Rose? Mrs. Gordon: Yes. their. own Mr. Plummer: I agree. Mayor Ferre: There's a second'to the motion. I would like to speak against that and let me explain to you why. Father, the discussion previous went like this: J. L. wanted to have the community board, the communities vote and sel- ect what system they wanted to use. Now that, he didn't get a second to that APR 3 0 197 motion and the reason why I spoke against that, would have voted against it if it had come to a vote is for this reason. And I'm not accusing anybody, but there are a lot of special interests in some of these neighborhoods that will formulate and whether they represent a union or a group of something and what they do is they will go out and pre-empt. Now I took the case of Allapa- ttah. You know the case of Pat Keller and the ladies there are continually upset because they are pre-empted from all these things. There is such a thing, and I think the black community of America knows more than anybody else what the dictatorship of the majority is all about and I think that we have got to have a system that will recognize all groups in the community. I think that by a cumulative selection process we can do that because then let's say taking Pat Keller again, if she can get here 100 or 200 ladies to go and only vote for their candidates and you know they're going to get representation that way. Now if you don't do it that way then what you do is you get a dictator- ship of the majority and I think that that's why constitutions exist. That's why the State of Florida has a constitution. Otherwise you would just be subject for everybody to you know, whatever laws come out that's what happens. What I'm saying is that I think we've got to constitute the system and then let the communities work within the constitution of what we set up rather than to let the other process work. I wouldn't mind the other process if I knew that there would be participation. When you get 5 or 10% of a community turn- ing out, and they may not necessarily represent everybody then you end up hav- ing that particular group dominate and I'm against that and, therefore, again that's why I'm against the idea of going to one year based on sending it out to the community for their redesign. That's where we're... Okay, is there further discussion on this? Questions? All right, call the roll on the motion. The motion is one year made by Mrs. Gordon, seconded by Plummer on this parti- cular term.. The preceding motion introduced by Commissioner Gordon and seconded by Commissioner Plummer was passed and adopted by the following vote - AYES: Mrs. Gordon, Mr. Plummer, Rev. Gibson:' NOES: Mr. Lacasa, Mayor Ferre. SAID MOTION WAS DESIGNATED MOTION 79-289. SEE LATER RESOLUTION 79-317. Mayor Ferre: I vote no and the vote is, therefore, three year selection. Now beyond that, are we going to then go. beyond. that? to two.for a one for a two year vote Mr. Plummer: Beyond that I'm;in favor ofgoing back to two years.` Mayor Ferre: All right, Mr. Plummer moves that beyond next year it will be a two year term. Mrs. Gordon: May I: say that I think that's part of what the neighborhood shouldmake a decision on because if we're going to redesign what they want let's let them do it. Let's not preclude it. you. Mayor Ferre: But that was not voted upon unless now that Father is here want to move that, it be sent to the neighborhood for their votes. Mrs Well, that's what we've already decided by this one year process. . Gordon: Mayor Ferre: No, that hasn't been decided. What we decided upon was the one. year. Now if youwant this system to be sent to the neighborhood for redesign go ahead and make that motion. Mrs. Gordon: J. L., what was it you wanted them to do before when you moved. that? You wanted it done now, we decided that it would take too much time to do it now. Mr. Plummer: redeveloping Rose, it was just that we are in somewhat I think a process of the ideas and thinking of the leadership in the target areas. Mrs. Gordon: Right. Mr. Plummer: That this for this present term or year period, at the conclusion that they go back after experience of a new system go back to a two year term. Mrs. Gordon: Okay, it doesn't make much difference, we can always change later. coming term be for a one rt 38 APR 3 0 1970 Mayor Terre: Is that a motion? Mr. Plummer: If you wish, yes. Mayor Ferre: Now the motion is that after the one year go back to two years. The precedent motion introduced by Commissioner Plummer; and seconded by Commissioner Gibson was passed and adopted by a unanimous_ vote. SAID MOTION WAS DESIGNATED MOTION NO. 79-290. SEE LATER RESOLUTION NO. 79-317. 'Mr. Plummer: Thank God we hit on one unanimously!` First time in 3 hours and` 15 minutes. Mayor Ferre: I would like to move at this point that all issues that come`: before the City of. Miami from the CD Board previously be discussed at a board meeting and a vote be and that the president only express Mayor Ferret ` No, no, that wasn't decided, what we decided upon was the one year. Now, if you want this system to be sent to members..to the neighborhoods for redesign go ahead and make that motion.: Mrs. Gordon: J. L., what was it you wanted themtto dod befotakere whooenmyochu movedime that? You wanted it done now, we decided that do it now. Mr. Plummer: Rose, it was just that we are, just in the somewhat, I think, process of redeveloping the ideas and thinking of the leadership in the target areas Mrs. Gordon: Right, right. coming term- be fora one. after .the ;experience :of a Mr.Plummer: ...that this for this present term -or' year period and at the conclusion that they go back new system go back to a two-year term. Mrs. Gordon: Okay, it doesn't make muchdifference, you can always change it later. Mayor Ferre: Is that a motion? Mr. Plummer: If you wish, Mayor Ferre: Rev. yes. Is there a second? Gibson: I'll second. Mayor Ferre: Second. Further discussion, now the motion is that after the one year to go back to two-year period. Call the roll. WHEREUPON the foregoing motion moved by Commissioner Plummer and seconded by Commissioner. Gibson was passed and adoptedr by, the City Commission by unanimous vote. (This Motion, previously numbered 79-290, was later formalized). PLEASE SEE RES./9 317. Mr. Plummer: My God, we hit on a unanimous, first time in three hours and 15 minutes Mayor Ferre: I would like to move at this point that all issues that come before the City of Miami from the,C.D. Board previously be discussed at a Board Meeting and that a vote be taken and that the President only express the will of the majority of that Board, I further move that the Board...that a quorum be o less than 50% of the total plus one and that a minimum of four meetings per year, a minimum, be held and further that minutes be taken in writing, distribute:d to all members of the Commission and that any person absent for more than two meet- ings orngyear not bethree eligibleconsecutive servemeetings the following year.thNow,ere aI movemore thann four meetings- that as requirements in this process. Mr. Plummer: Mr. Mayor, if you will accept six meetings a year, I would prefer 12. Mayor Ferre: That's too many, J.L. Mrs. Spillman: Could I make a suggestion on that? that's Why d n't twe ha epave at�timu to of four?, and then if they; care to meet more do so. Mr. Plummer: I can't -agree with that because let me tell you what you could find, the same thing this Commission, you could hold four meetings in one day. Mrs. Spillman: No, they don't meet... Mx. Plummer: Ah, ha ha hey.. Mayor Ferre: Well, let's do it by consensus, what do you want? What do you want Rose? Mrs. Gordon: mh am not objecting to anything you said, particularly, I just want APR 3 0 1979 I0 Mrs. Gordon (coned): a clarification, and that is, the majority plus one of the total membership, not of those,present. Mayor Ferre: Mrs. Gordon: Okay, must be a quorum. Mayor Ferre: that Board. ...that's,right I don't want Right,. yes Ma'am, if there 15'you would need 8 people. or 3 people making decisions for. Mrs.Gordon: That's right, and you must have a vote of 8 affirmative votes on each issue, is that what you are saying? Mayor Ferre: No, no, no. Of those present,...what I'm saying is that a quorum is 50% plus 1, if there are 15 that means 8. that means you would have to have 5 votes- otherwise, you are going to really get in a bind. Mrs. Gordon: Okay, Mr. Plummer: Mr. Mayor, I' would... Mayor Ferre: Yes, you want 6, is that it? Mr. Plummer: I would like to see the wording "bi-monthly" have a meeting within two -month period. Mayor Ferre: Is that all right with you? (INAUDIBLE STATEMENT). Mr. Plummer: "Bi-monthly", Father. Mayor Ferre: now you'vegot it clarified, okay He is talking about every other month. Mrs. Gordon: Okay. which means they must, Mayor Ferre: J. L., that's really an awful lot of meetings. All right, fine then quarterly, that's four meetings. Mr. Plummer: Mayor Ferre: Mrs.Gordon: Mayor Ferre: Mr. Plummer: A11 right, accept that. At least quarterly, why don you do that? I will accept at least quarterly as an amendment, all right?, Wait a minute, that's the minimum... (STATEMENT FROM THE AUDIENCE, OUTSIDE THE PUBLIC RECORD) Mr. Plummer: Fine, this is "minimum. Mayor Ferre: "No less than", all right. Are there any furtheramendments that? All right, I'llmove it, ".I pass the gavel to You. Mr. Plummer: Rev. Gibson: Mr. Plummer: Seconded by.... I second. Gibson. Further discussion, call the roll. WHEREUPON the foregoing motion introduced by, Mayor Ferre and seconded by Commissioner Gibson was passed and adopted by the following vote: AYES: Mayor Maurice A. Ferre Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Vice Mayor J. L. Plummer, Jr. NOES: ABSENT: Commissioner Armando Lacasa* None. (This Motion, previously numbered 79-291, was later formalized). PLEASE SEE RESOLUTION 79-317. to 41 APR 3 0 197a (DISCUSSION ON MOTION 79-291 cont'd) ON ROLL CALL: *Mr. Lacasa: I vote "no". I will explain why. The only reason I vote "no" on this particular issue is because it implies a change from the existing rules. Mayor Ferre: All right, now, Mr. Chairman, I WOULD LIKE TO FURTHER MOVE that no person who serves as a President for one term be eligible for re-election11 as President so that we don't have a perpetuity of control by any one... Mrs. Gordon: Why don't you just say "the same of everything. Mayor Ferre: All right, I will accept that. office", and that will take Mr. Plummer: Are you saying "a term" since we are going back to two years Mayor Ferre: Two years, two years. What I'm sayingis that no person,...once you serve your two-year term as Vice -President or President or what -have -you, you cannot perpetuate yourself in office. Mrs. Gordon: With the exception of the first one-year term. Mayor Ferre: With the exception of the Mrs. Gordon: tion. Mayor Ferre: I so move. Mr. Plummer: Seconded by.. Rev. Bibson: I second. Mr. Plummer: Gibson, further discussion, call the roll. WHEREUPON the foregoing motion, introduced by Mayor Maurice Ferre and seconded by Commissioner (Rev.) Theodore R. Gibson was passed and adopted by the following vote: AYES: Mayor Maurice A. Ferre Commissioner (Rev.) Theodore R. Commissioner Rose Gordon* Gibson NOES: Commissioner Armando Lacasa Vice Mayor J. L. Plummer, Jr.** ABSENT: None. (NOTE: This Motion, formerly Mo.79-292 was later formalized. PLEASE SEE RESO- LUTION 79-317.) *Mrs. Gordon: We decided it was going to be cumulative, though, Maurice, supposing that person was so popular he got re-elected... ON ROLL CALL: Mayor Ferre:' He';d be precluded. Mrs. Gordon: Okay, all right,` yes. **Mr. Plummer: I vote no. Under the theory that ii you have a good person and the people decide they want him again, they should have him again. Rev. Gibson: Plummer, what's wrong with let him vacate for a year? Let me tell. you, one of the dangers of this business out here is that you just let people stay odd infinitum, for a lifetime, and they build up all sorts of machines.: I run a church, I know how it is done, okay? Anyway, we've voted. Mayor Ferre: All right, we've got one more item. Now, with regards --we've got two more things to decide and then I think we are through with this--, one is, Plummer, I MOVE YOU SIR THAT all Board meetings be� properly notified and that'the City of Miami provide secretarial staff to notify of meetings and to take minutes and to distribute same. Mr. Plummer: Are you saying in effect that the Sunshine Law shall apply to all mh 42 APR 301979 Mr. Plummer: (cont'd) meetings? Mayor Ferre: Well, by law they apply anyway. No, that's not what I'm saying, that's axiomatic. What I'm saying is that we provide secretarial service to the Board, I so move. Mr. Plummer: Okay, is there a second? Mr. Lacasa: Second. WHEREUPON THE foregoing motion introduced by, Mayor Maurice>Ferre; and seconded by Commissioner Lacasa was passed and adopted by the, following vote: AYES: Mayor Maurice A. Ferre Commissioner Armando Lacasa Commissioner Rose Gordon Commissioner (Rev.) T. R. Gibson Vice Mayor J. L. Plummer, Jr. * NOES:. None. ABSENT: None. (NOTE: This Motion, previously. numbered Mo. 79-292, was formalized.) PLEASE SEE LATER RESOLUTION NO. 79-317. ON ROLL CALL: *Mr. Plummer: I'm going to vote "yes" but I think it ought to go further. Mayor Ferre: All right, now, the last motion that I want to make to you is this- that the composition of the Board be no less than fifteen (15), in this proportion: the Chairman, the Vice -Chairman and the Secretary, elected, number one; number two, that 7 members be elected by the people in the communities and that 5 be appointed by the City of Miami Commission and that of the five that are appointed be done after the election process with the specific idea in mind of balancing the Board. I specifically mean that if there are senior citizens in the area and there are no senior citizens elected that we appoint a senior; if there are no Blacks on the Board by the electoral process that we appoint Blacks and I mention that it be specifically by race, income, sex and age, be the specific considerations of balancing the Board. Mrs. Gordon: What are you saying then, should there be then 21 people? Mayor Ferre: No, fifteen. Mrs. Gordon: Well, then the first motion which carried said that it would have to be an elected Board and we'd have to go back and go through the whole process. Mayor Ferre: That's what I'm doing. Mr. Plummer: Rose, what he is doing, if I understand correctly, is amending the. motion previously passed that it would be fifteen members of which there would be an election by the Board, no, excuse me, a cumulative total which would elect the President, Vice -President, and Secretary...he is now amending that that five of those members shall be appointed by the Commission. Mayor Ferre: What I'm saying is that.... Mrs. Gordon: That's not correct, J. L., because I moved and it was that there be a;fifteen-member elected Board. including that in there. You all accepted it that way. Mayor Ferre: I know. Rose, but what I'm saying is, now we have a full Commission, and what I'm trying to do is amend that so that there are 10 elected and 5 appointed. that motion that carried I was very careful about Mrs. Gordon: Well, now you are changing the whole concept again. You know, . Mayor Ferre: Mrs. Gordon: You know, starting, from scratch. Mayor Ferre: all right, `then that's not ust a little addition, you are no, that's not from scratch, this is an important change. mh 43 -APR 3 0 197a Mrs. Gordon: Of course it is, it then sets situation which I.object to. I don't think into the Community Development Task Force's not ours. Mr. Plummer: But, Rose, he is entitled to make a motion, it up, in my opinion, into a political that this Commission should dabble framework, that's a people's Board,' okay? Mrs. Gordon: All right. Go ahead, I can't stophim and I wouldn't dare. Mayor Ferree Well, I may not get a second out of it but I happen to believe that' we have a very important need to balance these Boards so that there is proper re 'presentation of all segments of the community. Mr. -Plummer: The motion, as.i understand it Mr. Mayor and'.if you'want to clarify it, you, are amending the motion to read that 5 of the 15 shall be appointed by the Commission. Mayor Ferre: That's right, in other words, the Chairman, the Vice -Chairman aaauanda- the Secretary and 7 Board members be elected, as we previously said, y tion, and that the Commission, after that process is done will select and nominate and appoint five members and that the members appointed would have to swear to the same requirements as those that were elected, and that is, that they have to live, work or own property and only involve themselves in one of the C.D. target areas. Mrs. Gordon: Mr. Mayor,... Mr. Plummer: Is there a second? Is there a second? Third and final time, the motion dies and I don't think there is need for discussion. Okay. Now, Mx. Mayor, am I mistaken? I don't recall thatwe established the criteria of who will do the voting? Lacasa: Yes. Mr. Plummer: We did? Well, ..did we, establish the qualifications o Mayor Ferre: All right, is there anything else with regards to... Mr. Plummer: Yes, we've done everything but sa Ms. Spillman: May I: make a suggestion? Mayor Ferre: Yes.' Ms. Spillman: How about if members o but people who vote can work. Mr. Plummer: We are going to establish that when we establish the electorate. Ms Spillman: No, I' m tryingk differentiation between people who can the electorate? to come up before this Commission who` is going to.vote now.. the Board only can live or own property; tomaea serve on the Board and those who can vote in the process Mr. Plummer: Well, if I have my way the only ones that are going to be on the Board are the ones that live thereso that's already established, so don't, pre- clude my motion. Ms. Spillman: I'm just trying to make a suggestion. Mrs. Gordon: What did you say Dena? Mayor Ferre: Dena said that only people who live or own property can serve on the Board and Plummer said that's going to be determined once we decide who is going to vote, but that's not necessarily true because...we will address that issue in a moment. All right, now, back to the question of who votes. Mrs. Gordon: How does CAA do it? Ms. Spillman: Lives, works or owns property. Mrs. Gordon: In order to hold a Ms. Spillman Live, work own property or operate a business.' mh APR 3 0 1979 Mrs. Gordon: Separate that again. Ma. Spillman: Live, work, own property or operate a business. Mrs. Gordon: .In order to vote. Ms. Spillman:And be elected. Mrs. Gordon: Either way? (RESPONSE NOT PUT ON THE PUBLIC RECORD) Mr. Plummer: Regardless of which way the motion.,.,.I think i an agreement that a minimum age be established of 18.. -Mks.. Gordon: Oh yes', Mr. Plummer: Mr. Lacasa: Mayor Ferre: We are going to take a five-minute break and and we'll.. Mrs. Gordon: Mayor Ferre: It's not being said. o we have a motion? How about a lO-minute break? A 10-minute break. we could come to then we'll come back WHEREUPON the City Commission went into a brief recess reconvening shortly thereafter to take up the Afternoon Agenda with all members of the Com- mission found to be present. Mayor Ferrel All right, before we proceed we have before us here Mr. Jose Manuel -Rosenada, the Director of Zig-Zag, who is going to make a presentation. WHEREUPON. there was a brief presentation to Mr. Jose Manuel Rosenada, Director of Ztg=Zag. Rose, and J.L.. we left, before we decided residency and as far as I'm concerned I'll.. Who wants to make a motion? Mayor Ferre: All right, Father, and the issue as to whether it should be go with whatever the majority wants. Ms. Spillman: Can I make one point before you..., there is something you ought to be aware of. Downtown is sort of a unique case because most of the leadership over the years there has been people who work. So I just wanted to point that out in your decision -making. Mayor Ferre: Downtown is a problem because if you only put residency there then... Mrs. Gordon: You can't just make the guidelines for all the districts based, on, one area that has a unique problem. You can except that one from the regulation and make it different for that one but... Mayor Ferre: All right, what's your motion? Mrs. Gordon: I believe that, we said before, the residents, the property owners, the man who owns his business and has a long-term lease has a real interest in the area , and I think those are the three categories that we should allow to have the say-so. Ms. Spillman: Eighteen years of age or older? Mrs. Gordon: Yes. Mayor Ferre:; Eighteen years of age or. older. Ms. Apillman: Can that be an owner of reisdential or commercial property? Mrs. Gordon: Yes, sure. Mr. Lacasa: ARe you excluding the people that work in the areas? APR 3 0 19711 mh Mayor Ferre: That's right. Mrs. Gordon: Only the ones who own and operate a business. Let me explain why so that you will understand. For instance, in some areas there are a lot of factors, okay? A lot of people come in and they assemble goods so they put toge- ther parts, they have very little interest in what is going on in that community. They have no interest in it. They logically, to preserve their jobs, could be carted to the polls in droves to vote, and I object to that because that is a very bad way to... Mayor Ferre: motion? There is a motion, is there a second?...Is there a second to that Rev. Gibson: The motion is...Who made the motion? Mrs. Gordon: I made the motion. Do you understand the motion? I'll repeat, the motion so that there will be no misunderstanding. Any one that lives in the area, or owns property in the area -residential or commercial- or has a business, which he operates in the area. Now, attorneys could logically fit into that category, you know, and that would cover your Downtown to... Mayor Ferre: Now I tell you, he or she, you keep saying he. Mrs. Gordon: I know', but you are the one I had to train...I can get away with it. Mayor Ferre: o, you can't he or she. Mrs. Gordon: All right, people who okay?... Mayor Ferre: All right, there is the motion, who seconds? Going once... (INAUDIBLE COMMENT MADE OUTSIDE THE PUBLIC RECORD) Mayor Ferre: No, not work. s there a second? Mrs. Gordon: Work, own property or own a business. I didn't say work, I said own property, live or own a business, they don't have to own the propertybut they own the business. Mayor Ferre: Just so that we can vote on it, I'll second it, I'll second it.. Plummer, you call the roll. Mr. Plummer: I've got the gavel. Under discussion, let me...somebody..I don't know who did it, let me think about one thing first, a taxpayer...that can be a damn good idea...okay, call the roll because we can offer that later. Call the roll. AYES:. NOES: Mr. Plummer: Mr. Ongie: WHEREUPON on motion introduced by Commissioner Gordon and seconded by Mayor Maurice A. Ferre, the above - cited motion was passed and adopted by the City Com- mission on the following vote: Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Mayor Maurice Ferre Commissioner Armando Lacasa Vice Mayor J. L. Plummer, Jr. NOTE: The above motion, previously numbered Mo.79-294,` was later formalized. PLEASE SEE LATER. RESOLUTION 79- 317. What was it? Mr. Plummer: It passed, okay. Mrs. Gordon: Okay. Downtown Miami' has.... (BACKGROUND COMMENTS EXCHANGED AND. NOT PLACED ON THE PUBLIC RECORD Rev. Gibson: Mr. Mayor, that means that the person will have the right to vote in only one target area, only one. mh 46 -APR 301979 Mrs. Gordon: them. Mr. Plummer: One area, they have to choose which area is more important to Well, you better put that in the motion so it's understood. Mrs. Gordon: No, I'll make a new motion,I make a motion that a person selecting which area they are going to vote and participate in, the C.D. area, will only be allowed to participate in that one C.D. area. Mayor Ferre: What was that? I'm sorry. Mrs. Gordon: One C.D. area. Why have more than one? Mr. Plummer: In other words, what Mrs. Gordon is saying is where only has atthe most one vote. Mrs. Gordon:" e vote,:right. Rev. Gibson: In other words,. and votein both. Mr. Plummer: Mrs. Gordon: He can't be e a person regardless of can't live in one target area or work in another selected, you can only vote one place. He can select which place he wants to exercise his vote in. Mayor Ferre: You want to make that as a motion? All right is there a second., All right, Fahter Gibsonseconds, is there further discussion? Is the intent of the motion clear? That a person can only vote in one C.D. district. Mrs. Gordon: And he can elect which` one he wants to do. Mayor Ferre: That's right, further discussion. Call the roll. AYES: NOES: ABSENT: WHEREUPON on motion duly made by Commissioner Gordon. and.; seconded' by Comm. (Rev.)'iGibson the motion was passed and adopted by the following vote: Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson '. Mayor Maurice A. Ferre Commissioner Armando Lacasa Vice Mayor J. L. Plummer, Jr.*'. NONE. NOTE: The above motion, previously numbered Mo.79-295, was later formalized in the form of a Resolution. PLEASE SEE RESOLUTION NO. 79-317 ON ROLL CALL: Mr. Plummer: To be consistent I have that says they only get to vote once. they can choose or be selective as VD thinking of a person being a resident to vote no. I'm in favor of the philosophy I` have to break apart from the fact that where they vote, which goes against my of the area, so I have to vote no. Mr. Plummer: Mr. Mayor, this is not my question but since someone has proferred it to me to be asked that it should be resolved. Mrs. Gordon, since you have been the maker of the motion, did you address the fact that the person has to be a citizen or not? Mayor Ferre: There are no citizenship requirements._ Mr. Plummer: Okay, I am just putting that on the record since it was asked by someone in the audience. Mrs. Gordon: Mayor Ferre: anybody that Mr. Plummer: I don't think you can restrict it to... Let me tell you that the Federal guidelines specifically lives there, it doesn't say anything about citizenship. Mr. Mayor, that was not my question, it was asked, I thought it mh 47 APR 3 0 197 should be on the record and be clarified. Mayor Ferre: Ms. Spillman: hear that motion. Okay, is there anything else that we should discuss? Dena? Did you decide on who...I didn't hear who could vote? I didn' Mayor Ferre: The people who can vote on a three to two vote here was people who either live own property or run businesses with a long term lease in the area. Now, the only thing that is missing, I think, is the downtown area, and there we have to have an exception, otherwise we have a mess. Rev. Gibson: Mr. Mayor, the longer I stay on this Commission, the more convinced I am that people twist laws, resolutions, ordinances, to meet their convenience. Long-term lease isn't saying very much of nothing. Whether you call it long- term lease, let's agree now so that later now so that later on when it is con- venient for John, who has only a two-year lease, you know, we exclude it. Mayor Ferre: All right, I think, make it... Mrs. Gordon: Okay, Father, I.really didn't intend it to be that, specifically,. I said own a business, which means, you know, they ,may have a"long -term. lease and they may not have a lease, they may be on a month -to -month basis. Mayor Ferre: I think that's better, I think that'smuch; better. Somebody that owns a business, whether he owns the land orrentsit... Own the business, if he owns a business he has a stake in that Mrs. Gordon: neighborhood. (INAUDIBLE. COMMENT PLACED OUTSIDE`THE PUBLIC` RECORD Mrs. Gordon: Yes, he has an occupational license, he owns a business, -an attorney is in that category- Maurice, and that covers you in Downtown. Mayor Ferre: That's much better. Rev. Gibson: 410.1, I would like it better if you word that... Mayor Ferre: Tell. me how. Rev. Gibson: You see, when I voted You talked about a lease,. a you said "no" and that isn't it now, let's clean up the motion. Mayor Ferre: A11 right, Mrs. Gordon moves, tion basis, that instead of lease ;that `it Mrs. Gordon: . -A person who owns business...leave out the clarification, just say "own abusiness." Mayor Ferre: Is that good enough? Mrs. Gordon: Yes, he owns a business, hehas a to revive his business there. long-term lease, Mayor Ferrel Rev. Gibson: target area, Ms. Spillman: a in the previous motion be... say it. All right, is, there a second? on a clarifica stake in the area, he pays money Ms. Spillman, what are the requirements for a person to vote in an please Ma'am? Now? Rev. Gibson: No, as of our action. Ms. Spillman:. They have to be eighteen years of age or older, they have to own residential or commercial property or just be a rental or resident in the area, or own or operate a business in the area. Mayor Ferre: All right, Father Gibson seconds, clarification, further discussion. Mr. Plummer: Wait a minute, wait a minute, Ms. Spillman: Own and operate,...I'm not sure I understand. mh 48 APR 3 0 1979 • Mayor Ferre: Own and operate or own or operate? I think and/or operate, think they should both be in. Rev. Gibson: Because he has the responsibility. Mr. Plummer: That means thateach employee of a business that helps that business has a right to vote. Ms. Spillman: No. Mrs. Gordon: No. Mr. Plummer: Ah, hey, you know,"contracts are only looked at when things don't go the way certain people want it to go, you know, you can carrythis thing, let me tell you Lorraine, let me tell you how far you can carry it. What about this guy that I see that has a truck that sells vegetables? Now, that's his business and he operates it in an area that he doesn't live in.. (INAUDIBLE COMMENT FROM THE AUDIENCE, OUT OF THE PUBLIC RECORD) Mr. Plummer: He has to have an occupational license to do to all 8 target areas but he doesn't live anywhere. Ms. Spillman: But he can only. vote Mrs. Gordon: tion is must Mayor Ferre: AYES: NOES: ABSENT: business but Remember that, J.L.? You have to make -a choice. 'own and operate" the business. All right, call the roll. WHEREUPON, on motion made by Commissioner Gordon and duly seconded by Commissioner (Rev.) Gibson, the foregoing motion was passed and adopted by the following vote: Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre Commissioner Armando Lacasa Vice Mayor J. L. Plummer, Jr. None. NOTE: The above motion was later incorporated into the formalized Resolution. PLEASE SEE RESOLUTION NO.79-317.' he goes Mayor Ferre: All right, where are we now, is there anything else, Dena,. you need? Have we clarified everything? Havewe covered everything? Ms. Spillman: That we can think of. Mayor Ferre: All right,ladies and gentlemen, thank you for your patience. We are now four hours behind schedule...no, or one hour behind schedule, it doesn't make much difference. mh 49 �� 01970 L,Y,d .,.' -C' , �S?i.,?Y-Yi mOz.IP= r!r r.e;,.o- j ;a.tl" I. irap 3. PERSONAL APPEARANCE: DAN PAUL, ESQ. inre CITY OF MIAMI/ UNIVERSITY OF MIAMI-JAMES L. KNIGHT INTERNATIONAL CONVENTION CENTER - Renegotiation of Lease. al, Mayor Ferre: Mr. Paul, you are here on what item? Mr. Grassie: Twenty nine (b). Mayor Ferre: All right, Mr. Grassie and Mr. Connolly, would you step for- ward and explain your position and then we will hear from Mr. Dan Paul. Mr. Connolly: It's not on the agenda, the Hotel Lease is not on the Agenda but the point but the point that is being brought up by.... 1 Mayor Ferre: What Hotel Lease are you talking about? Mr. Connolly: Hyatt Regency Miami Hotel Lease on top of the Convention Center. Mayor Ferre: Your name and address for the record. Mr. Dan Paul: Dan Paul, 1300 S.E. First National Bank Building. Mr. Connolly tells me that the Hotel Lease is in the process of renegotiation for amendments to come back on the 24th, and there are some points that I want to speak to that I think.` need to be changed in that lease and I thought that it should be done now. Mayor Ferre: All right, I beg your pardon, out of courtesy to Mr. Paul, if you would do it in 5 minutes, into the record and then -that's not a subject before us at this time Mr. Paul- and if you would send to Mr. Paul a copy of the proposed Lease before it's finalized when it comes before us on the 24th. Mr. Plummer: Wait a minute, I want to establish something here. Who authorized a renegotiation of the Hotel Lease? Mr. Connolly: We have got a set of paragraphs that the construction lender would like to have.... Mayor. Ferre: Mr. Plummer: Mr. Connolly: It was discussed here. No. it has .not. o, we had the mortgagee's Mayor Ferre: Wait, Mr. Plummer: Who in the hell initiated the action? Mayor Ferre: I beg your pardon came to me to tell me that Mass amendments. Mr. Connolly: Mayor Ferre: clauses that w Mr. Connolly: which was the Mayor Ferre: Mr. Connolly=. Mayor Ferre: Yes. wait, wait a'Minute. my memory tells me that somewhere, somebody Mutual..is it Mass Mutual? some specific ...would not lend the money unless there were ere amended. Now, who told me that? Which we did. We had before the Commission an amendment 1, concerns of the,mortgagee, Mass Mutual Life Insurance Company. We voted on it. That has been all completed.` Well, then what are you doing now APR 3 0 19» Mr. Connolly: Now, the construction lender, who is Continental of Illinois, has another set ofconcerns which they want to see put into the Lease also. Mayor Ferre: Well, I think Plummer's question is this is the first time 'Iv ever heard of this. Mr. Plummer: But who in the hell initiated it? You know, let me tell you something, somebody around this City Hall -like Father says- better start getting the message, because I'm going to tell you something, I don't know of anything emanating from this Commission telling you to go draw up new negotiations of a lease. Now, obviously, you have done something because Mr. Paul knows about it but I am a Commissioner voting up here and I don't. Mayor Ferre: I want to put into the record that the Mayor of Miami did not know. This is the first time.... Mr.' Plummer: Now, what in the hell is going 'on? Mrs. Gordon: Fellows, we are just window dressing, in case you did not kn it. Mr. Plummer: Well, I'll tell you something, you just bought yourself a "n vote. Mr. Connolly: May I point out to you that in the lease and agreement in the original and in all the ensuing amendments it says that there will be concerns of the other parties who are interested and that it is not the final amendment. Mr. Plummer: Fine, let him come here. Mayor Ferre: Now, J. L. ... Mr. Plummer: Maurice, let me tell you what happens when you don't, if they don't come here they go out and draw up a set of goodies, I'm not saying which way, they go draw up a set of things and then they come here looking for us to ratify it. Now, that's wrong. Come here and tell this Commission, and we'll say -yes, staff go do. it, or staff don't waste your time. Now, who in the hell is running this City? Are we running or is staff running it? Mayor Ferre: Well, I think the Charter says that the Administration runs the City. Mr. Plummer:; I'm beginning, to wonder. Mayor Ferre: I think the Charter There is no question about that. says that the Administration runs the City. Mr. Plummer: Mr. Arboleya won't tell you that. Mayor Ferre: Mr.' who? Mayor Ferre: Mr. Arboleya. Mayor Ferre: Well, I think that the point is that whatever is going to be ne- gotiated,and this is the first time that I know about it, I think that this is such a big and important thing, Mr. Connolly, -and I've said through you, Mr. Grassie- but I think that changes of this nature, that you should inform the Commission about it. Now, why would you not inform the Commission that there needs to be a renegotiated Hotel Lease because Continental Mortgage or whoever it is, requested it? You see, I'm different from Plummer, I don't mind you going ahead and negotiating it because I know you've got to come before this Commission for final approval. I'll tell what I do --and I use the word "resent" because I think it is the appropriate word-- I resent your doing it without let- ting me and the rest of this Commission know that you are doing it. I don't mind you doing it, I resent your not informing me of it. Furthermore, I re- sent it for the very simple reason that you expect to bring this up on the 24th, which means that on Friday the 18th I'll get a copy of it at home, which I won't get to read until Sunday, and then all of a sudden I've only got three days to find out what the hell.this is all about. Mrs. Gordon: And then if you vote against.it you'll be holding up progress and it's costing $2,000,000 a month.... 51 APR 3 0 137a Mayor Ferre: And then the Miami Herald will write some nasty editorial that you are responsible for holding up progress in the City of Miami. Mr. Plummer: Surprise. Mr. Paul I don't know, please, I don't know which side of the picture you are own, I'm glad to say that, sir, whether you are for this proposal or against it. I am just saying I have for the last time voted for staff developing ideas to present to this Com- mission for ratification. In the future, as far as this vote is concerned Mr. Connolly and all Departments, don't waste your time until you come to this place and say -here is what's being proposed and say -Commission, do you want us to propose to develop, or Commission you don't? Now, I'll tell you, this stuff has got to stop, we are talking about a $100,000,000 project and here you are coming to tell me that you, obviously, have been with the developers or with the construction Company and a few changes have to be made. You know Mr. Connolly, I've told you in the last instance, and I told Mr. Grassie in the last instance, put me up a chart on this board showing me all the slices of baloney that you've been presenting to this Commission that I'm tired at you coming at me piecemeal. First it is the garage, then it's the Trade Center, now it's the redoing of the retail space, now it's the Convention Center, now it's the Seminar Center. Now, somewhere along the line there has got to be.... Mayor Ferre: Mr. Connolly. Mr. Plummer:' I don't understand...I don't understand. Mayor Ferre: Let me askyou a question start negotiating this with Continental now. Did you make the decision to without informing the Commission? Mr. Connolly: We got a request from the developer...' Mayor Ferre: When did that request come in Mr. Connolly., Mr. Connolly: A week ago. Mayor Ferree A week ago. Right. You didn't think that it was incumbent upon you to inform the Commission that this request had come in? Mr. Connolly: Just so that I point out, you know, that although you call it a renegotiation there is no...nothing to do with changing the terms of the level of investment or payments to the City. We are talking about legal talk from a third or fourth party that feel they have to have their butt covered and they wanted certain things changed in order to insure themselves that that's what they are getting. Mayor Ferre: No, but, given the circumstances, of lack of communications in the past over subjects that are important to the City, don't you think that it is incumbent upon you, if for nothing else, on a procedural basis, just to keep peace in the family, that you ought to inform us. See, I disagree with Plummer, I don't think you have to come running here for every comma change in every sentence, but I think you ought to --and I'll tell you, not in writing, because a lot of us receive memorandums that we don't read. I think you ought to...I know, it's hard to get the Commission, but you can call and say -hey, I want you to know that we are in the midst of renegotiating something because Continental Mortgage -or whoever is the lender, is requiring it and I will bring it to you in writing as soon as I have it. Now, I think you can call Gibson on that, Gibson may have some questions about it and he may say -I'm not satisfied with that, come to my office and see me on it, or he may say, okay, as soon as you have it I'll be happy to see you. Mr. Plummer: Why don't we do it the other way, like we do everything else and I'll agree with it, send us a memo telling us what you are asking to re- negotiate and if you don't hear from us in 48 hours then proceed. Mayor Ferre: I think it is important enough to do something like that. Now, let me ask you this, who do you report to, Mr. Connolly, who is your boss? Mr. Connolly: Mayor Ferre: here? Mr. The City Manager...Vince Grimm and the City Manager. Ali right, do you -report to Vince Grimm on this, is Vince Grimm Grassie: No he is out for just a minute, he'll be right back. mh 52 4PR s 0 10711 Mayor Ferre: Mr. Connolly, did you inform Mr. Grimm of this? Mr. Connolly: We have a Progress Meeting at the City Manager's Conference Room every Tuesday morning and this was brought up last Tuesday, yes. Mrs. Gordon: Oh, I'm so glad I found out when the meetings take place, I've been trying to find out. I don't know why Commissioners should not be advised when staff is meeting with the Manager. Without any debate or any discussion by the Commissioners I don't see why the Commissioners couldn't be invited to listen in and find out what is going on in this City, I don't think I'm going to ever find out any other way. I sent a memorandum to you, Mr. Grassie, re- lating to that. The reason was be informed. I'm tired of going out there and people out in the community know things I don't know and I say, how in the do -dodo did you know that the budget is going to be "x" number of dollars short? Well, they know, I don't know it...and I'm going to find out about it Tuesday morning at what time? Mr. Connolly: 8:00 A.M. Mrs. Gordon: I'll be there. Mr. Plummer: To the question the Mayor asked by the Mayor I did not hear the answer. Was Mr. Grimm or Mr. Grassie present at that meeting Mr. Connolly: Mr. Grimm was, yes. Mayor Ferre: Mr. Grassie, you were in South America, I assume on this trip that you took. All right, now, we need to ask Mr. Grimm if he did not think. that this was an important enough change to inform the Commission,..but we will reserve that until he comes back. Mr. Grassie: Mr. Mayor, I think we are starting to lose perspective, you know, of how these things operate. Now, it is a standing policy of the City Commission that the projects get accomplished. One of the things that has to be done to get it accomplished is to find out what the lending institutions need and while I don't know in detail what Mr. Connolly has been doing in this regard I do know that he has been talking to the lending institutions. What he is trying to get down on paper is what they feel will make the project financeable. Now, your charge to us is to get the project financed, and you give us the project, as it's necessary, with certain limitations. Now, what we do...the staff is doing is going out to the market and trying to find what the thatttowill oureqire of us. tousee whether that'sce eanknow acceptable package fromwill yourthen pre- point see Y of view. Mayor Ferre: That's not necessarily the point, you see, I think the point is twofold. One is communication and the other is confidence, and certainhy come together. And I think what Plummer is saying -andc agree to a gree- and that is that when somebody -this is the major project the City is involved in right now, it's a multi -million dollar, a very complicated proj- ject, when a change is requested by a lender I think the Commission should be informed, I think the public should be informed, so that it is a matter of public knowledge as to what is being requested and finally, I think, it is necessary for us to have a discussion on it so that we don't end up by sur- prising people who are interested in the welfare of the community,like Dan Paul, who has to ..ome down here and sit three hours to get recognized so that he can protest something which he has found out I don't know how. Now, Dan, would you throw some light on this as to why.... Mr. Paul: Well, let me say in defense of Mr. Connolly.... Mr. Plummer: Dan, let me take 10 seconds if I may,..if I may Mr. Paul: Oh, sure. Mr. Plummer: Mr. Grassie I agree with you, reducing to writing and putting on paper is one thing and I have no problem with that, the word that Mr. Connolly used was "negotiation" and that's where I fall apart, okay? Mayor Ferre: All right, Dan. under the terms of the agreement you originally approved. you ap- Mr. Paul: Required proved renegotiation requirements uirements required by mortgagee, so what Mr. Connolly is doing, in my opinion, is proper under the terms of the lease that you originally mh 53 'APR 3 0 1979 approved. That's paragraph 19.7 of the lease. I think, however, that you'll find it is a benefit because I think that while you are doing this renegotiation some other things that have come up -as I understand from talking to Mr. Connolly - are going to get cleaned up in the lease. For example, you now have an illegal tax rebate clause in the lease, which the Florida Supreme Court says you can't do. You cannot give credit against the rent for the City's real property taxes. It was horrendous the way it was in there the first time because they could do it twice, they were entitled to deduct the City property taxes along with all other property taxes before you got your performance rent and then they were in addition entitled to take a credit from the City taxes against the base rent which is a double deduction for taxes. So, you really got snookered on that one in the original lease. Mrs. Gordon: How come we got so snookered, Connolly? Mayor Ferre: Mrs. Gordon: was the Chamber of Commerce Committee on this? how come we got so snookered? Mr. Paul: Let me make one suggestion and I'm going to go through several of these things. I actually came down here to talk primarily about the taxes and Mr. Connolly tells me that that's been agreed now, that that will come out of the lease, but in the course of reviewing the lease for the taxes I see a couple of other things that I think the City ought to be aware of and maybe you can clean it all up at the same time because I see a lot of problems. One, there is another loophole in the lease. The mortgagee is entitled -and this will be right in the line in negotiations- the way the lease is now drawn, if the project is completed and there is o default, the mortgagee is not bound by the terms of the lease. He is not required to continue to operate a hotel there, he can turn it into a office building if he wanted to. The mortgagee may also assign the leasehold free and clear of the conditions of this lease without the City's approval. I don't think the mortgagee ought to be permit- ted if he takes over the leasehold to assign it without the City's approval because, obviously, what you are interested in is having a hotel operated there for the full term of the lease. Thirdly, it seems to me the base rent - in 30 years of practicing law- I have never seen a base rent which does not change for 80 years. There is no escalation in the base rent after the first 10 years and for the next 80 years of the lease term the base rent remains the same. Now, that's obviously totally unfair to the City. In any sort of proprietory lease there ought to be some kind of cost -of -living or some kind of readjustment over periods of time. Fourthly, there is no require- ment on the part of the operator of the hotel to upgrade or remodel the hotel except at the end of the 45 year term of the lease. However, there is a corresponding obligation on the City to continually upgrade the Convention Center during the entire 90-year term of this lease and the City is required to set up reserves, both for annual maintenance of the Convention Center and reserves for updating of the Convention .... Mayor Ferre: That's not so. snot so, that you are not required to set up we are required but the hotel is also required. Mr. Paul: No, the hotel is not, the hotel has a $300-per room which is set aside specifically for maintenance of keeping it just the way it is, but there is nothing until you arrive at the exercise of the 45-year renewal op- tion that requires the hotel at that point to upgrade, replace plumbing,fix- tures, do things of that nature, and I don't think that is what you intend by the lease. Obviously, $ 300 a room per year is going to do nothing more than keep painting, carpets, normal maintenance in wear and tear. Now, I'm not talking about that, I'm talking about the kind of thing that the Fountaine- bleu, for example, has had to go through now, and any commercial hotel has to go through at 15, 20, I don't know what the period ought to be, but there ought to be some obligation on the part of the developer to do that updating other than at the time ..he is required to do it before he can exercise the 45-year option, but he only does it one time and he doesn't have to do it again for the next 45..because I can see you in a position where all of a sudden toward the end of the first 45-year term -and there is a substantial cost involved to update that hotel- so he just runs it the way he wants to, to draw as much income as he can out of it andlets it go at the end of the 45- year term. So I think that those things need to be taken care of. In ad- dition, the fire clause I think needs to be redrafted. The hotel operator has APR 3 0 1979 1 the right to abate the rent if the hotel, in his opinion, is inhabitable. I think there ought to be some standards put in. In your performance rent you talk about an annualized net operating profit. That little phrase looks innocent but that's the phrase that caused all the problems with Florida Power 6 Light because it permits the tenant to make an improvement on December 31 and treat it as if it was made on January 1st, before you get your performance rent. Mayor Ferre: I agree with that, it ought to be averaged. Mr. Paul: Secondly, you need to,clearly, you want to have an audited state- ment to determine the performance rent. As the lease is now drawn, you have to accept the hotel's figures unless you want to call an audit and there is a 5% differential but it would seem to me that it would only be fair -I've never seen, again, a percentage rental lease where the tenant doesn't supply the landlord with an audited statement for purposes of determining the per- centage rentals. I see a couple of other things in the lease that have to' do with operating problems but, for example,' the hotel is given the exclusive control of the Exhibit Hall the Ball Room and the Pre-Function of rea. viewThat the to me to be fraught with all sorts of problems from the point City's use of the Center and other hotels who may have some calls. Exclusive use, seems to me, clearly not to be right. They also have first call on all 500 parking spaces in the garage depending on a daily allocation. I can see problems with that also unless it's some kind of..if the City ever gets the loggerheads with the operator of the hotel, and the hotel operator insists on his rights here, the hotel operator is for all practical purposes going to own the garage in the Convention Center to the exclusion of any other use that the City wants to make on it. I see a lot of other things in here and I don't want to take your time to do it but I would strongly suggest that you ought to have somebody -which I am not- somebody who is an expert in hotel and convention center operations look -since you are renegotiating it anyhow- look at this lease from the point of view of the operating problems that.... Mayor Ferre: Do you have somebody in mind? Mr. Paul: ...I don't have anybody in mind, I'm sure somebody could be found but you are talking about a 90-year lease. Mayor Ferre: Would you recommend somebody? Mr. Paul: Well, I'd have to do some checking, Mr. Mayor, I couldn't right off the top of my head, but somebody who's an expert ought to take a; look.. because those are just a few things that I noticed just..that stick out like sore thumbs in the lease. Mayor Ferre: Mr. Paul, is there any other thing..if there are any other things that you see that you have not mentioned would you write them down and send them to the Manager with copies to the City Commission. And, Mr. City Clerk, would you give priority to transcribing Mr. Paul's comments and I would like to further request -besides your answers- that you send a copy of the statement to Mr. Lew Fisher and..who is the other Chairman? Mr. Connolly: Harold Walker? Mayor Ferre: Who? Mr. Connolly: Harold Walker, he is with Ernst 6 Ernst, partner in charge Ernst & Ernst. Mayor Mr. Connolly: Yes. Mayor Ferre: Mr. Connolly: Heis in charge of Ernst 6 Ernst, isn'the? Mayor Ferre: So he is obviously I would assume, a knowledgeable.... Mr. Paul: Mr. Mayor, you shouldn't rely on volunteers though to do something that's as important as this for the City. 55 APR 3 0 1979 Mayor Ferre: No, let me finish, let me finish...and that the Chamber's Com- mittee that has been involved in this also be furnished Mr. Paul's comments and I'd like to see their comments on Mr. Paul's statements; and thirdly, I think we ought to consider getting outside counsel who is specialized in the field of hotel management and long-term leases, and, Mr. Knox, I would like to have you come back with a recommendation and I would like for you to consult with Dan Paul on the recommendation as to who we should use now that we have this opportunity because of these changes. I think this is much too big and much too important a thing for us not to be as thorough as we can and if Dan Paul has gone through the time of reading this and coming up with a recommendation, we may or may not agree but I think certainly we owe this com- munity the responsibility of thoroughly looking at this, this is much too big a project for us to make any mistakes. Mr. Paul: Mr. Mayor, some of these things are policy decisions, I mean,you have got a base rental that doesn't change for 80 years with no escalation clause,,I don't know whether that's what you've agreed to or not but it is clearly, unfair to the City. Mayor Ferre: I would agree with that. Mr. Paul: I've never seen one in 30 years of practicing law, a 90-year lease. Mayor Ferre: Dan, as you know, this Commission is heavily dependent on the Chamberof Commerce, which is made up of businessmen, of attorneys, and accountants to go over this and give us their recommendation, in addition to our own staff, naturally. Mr. Connolly: May I point out on the base -rent, the rationale for the base rent which goes from $150,000 up to $250,000 over the first 8 years and stays there, was to reflect the cost of the utilization of the air rights for the land and it stays at that point throughout the remainder of the contract. It's like buying the land, you buy it once, and the other thing is it doesn't really appreciate because the land still is the property of the City if they are using an air right on it. Mr. Grassie: But even more importantly, the point is that that is almost an insignificant part of the return to the City in the whole package of compensa tions to the City. Mayor Ferre: Mr. Grassie, see the problem is that Dan Paul does not have the benefit of all those discussions and since he serves in another committee of the Chamber, of the same downtown Chamber..I mean, of the Chamber of Commerce that has this Downtown Action Committee, that he may not be aware of all these discussions. But I think as a prominent citizen and as an individual who functions pro-bono -is that what it's called? Mr. Paul: I would guess so. Mayor Ferre: ...that he be furnished with all this information, I think he's entitled to that. We are fortunate to have him ask all these hard questions all the time even though some of them may not make any sense, that's all right, but some of them do make sense and that's what's important. Now Mr. Paul: One final thing, and that is I don't know and Jim doesn't know either, but the last design I saw, or model I saw in the Downtown Development office of this project, the Convention Center has been shoved back from the water and it's only on.one little catty -corner on the river and the hotel now occupies now the major corner of the property. Now, Jim thinks that that is not certainlyan accurate model but in any case it pu- blic th hat has been shown of the Convention Centerovediffers overhanging the MiamiwRiver. Mr. Connolly: Dan, I think you do not understand that the first four floors of that whole building are Convention Center, the hotel starts on the fifth floor, so what you see on the River for four floors is the Convention Conference Center. Mr. Paul: But the original builidng with a sort of hanging walkways and things is now shoved back, in the model I've seen anyhow. Mayor Ferre: Well, I think the point is this, we would like before, or by the next time we talk about the Convention Center, to have an update as to where mh 56 'APR 3 0 1974 we are on the architectural, whether there would be drawings --I would prefer to see the model because that's tri-dimensional and then people can take pic- tures of it and the public can be informed or what have you, so let's make it a formal request that the next time you ask for any changes or things here, which is the only opportunity we'll have, that we would actually like to see a model of where we are headed, even if it's schematic in nature, obviously it can't have architectural details on it. Mr. Plummer: And I also would request, Mr. Mayor, that we now have a Board that has been selected, and that they be involved in the process... Mayor Ferre: Absolutely. Mr. Plummer: ...even though the Chairman has resigned. Mayor Ferre: No,the Chairman has not resigned, the new Chairman is Paul. Andrews, I think we voted on that, didn't we? Mr. Connolly: Mrs. Gordon:Carlos Arboleya was Mayor Ferre: He resigned. Mr. Plummer:, That's right... Mr. Plummer: ...and I want discussion on the reason for his resignation, as I told you at the last Commission Meeting. Mayor Ferre: Yes, but to do that fairly, J.L., I think it's important that we get both sides, because I've talked to Paul Andrews and others and they disagree very strongly with Mr. Arboleya, and -as a matter of fact- they passed a unanimous Resolution to that effect. Mr. Plummer: Fine, but I think we ought to clean the air. Mayor Ferre: Fine. Then, Mr. Manager, let's do it this way, you inform the members of the Board that we would like for them to be here next time. I think at that time, we can take up Mr. Arboleya's letter and the unanimous Resolu- tion of the rest of the Board. And, by the way, we then will have a vacancy to fill. Mr. Plummer: Mr. Paul let me say that, addressing one point that you made at the beginning; I agree with and concur that we have the responsibility of renegotiation, we as the Commission -as I understand it- and that's where I'm falling apart, that we are not doing it, that's my problem. Mayor Ferre: Is there anything else, Mr. Paul? Mr. Paul: No, that's all Mr. Mayor, thank you. 4. ACCEPT PROPOSAL FROM LAVENTHOL & HORWATH VERIFYING FINANCIAL VIABILITY OF CITY OF MIAMI/UNIVERSITY OF MIAMI-JAMES L. KNIGHT INTERNATIONAL CONFERENCE & CONVENTION CENTER. Mayor Ferre: Is there anything else, Mr. Connolly? Mr. Plummer: Yes, you've got items on the agenda pertaining to the Conven- tion Center. Mayor Ferre: Are you interested in items 29(b) or (c)Y (INAUDIBLE COMMENT OFF THE PUBLIC RECORD) Mr. Plummer: Then I don't think he knoes what they are, Mr. Mayor, because one of them directly relates to part of his conversation. APR 3 0 iai Mayor Ferre: Which one is it? l;7 r Mr. Plummer: 29(b) talks to the subject of a firm being selected to do the financial study, Mr. Paul, and that's directly related to what Mr. Paul was just talking about. Mayor Ferre: Now, let's understand this. This is accepting the proposal of Laventhol & Horvath, verifying the financial viability of the City of Miami/ University of Miami James L. Knight International Center. Now, this allocates $46,200 from the Convention Center fund. Now, let me explain to you that we discussed this at the last time and it was put off because there was some discussion at to whether or not we wanted Laventhol & Horwath or another ac- counting firm which I forget... Mr. Connolly: Harris, Kerr, and Forster. Mayor Ferre: Harris, Kerr & Forster, which is the number two, and the reason we chose Horwath & La"enthol.was because'they happen to be the accountants who do the work for the,Hy.att Hotel chain, number one; and number two, to do 80% of all the accounting for all -the hotels in the world. Mrs. Gordon: Who gave you that figure, Maurice? Mr. Plummer: al. Mr. Mayor, they happen you are still not addressing the reasonfor the Mrs. Gordon: Harris, Kerr & Forster is one of the biggest in the world, can they be doing 80%...? Mayor Ferre: In hotels, in hotels... Mrs. Gordon: In hotels, Harris, Kerr & Forster. defer - Mayor Ferre: ..in hotels, as I understand it, Horwath',& Horwath, now.called Laventhol & Horwath, does 75% to 80% of all hotel accounting in the world. Mrs. Gordon: I said who gave you the figures? Mayor Ferre: I've asked. Mrs. Gordon:; Earl Powell and the other people in the accounting world who Mayor Ferre: Now, you made a statement.. Mrs. Gordon: Mr. Connolly, did you make that statement, would Mr. Connolly: I did not make the statement, I do not know how I know that those two firms do more than 95% of all of... Mrs. Gordon: Together, but that one does 80%, I mean, that's a fallacy. Mr. Connolly: ..all of the hotel accounting, I don't really know the percentages. Mr. Plummer: Mr. Mayor, I think you will find and the Clerk can attest to it that the reason for the deferral that one of the main reasons for recommending against the second firm was that they did not establish a bottom figure. Mr. Connolly: That's correct. Mr. Plummer: All right, and secondly, Mrs. Gordon was the one who asked for the deferment based upon the Administration or Mr. Connolly going back to the second firm asking them to establish a bottom figure and to come back to this Commission today. Mrs. Gordon: I really question whether or not it would be to the best interest to have a firm that is already there working with them or whether to have an impartial -other firm- take a look and give an analysis. That was really the basis of my question. Mr. Connolly: I'd like to point out that with only two or three exceptions all of the Hyatt Hotels are owned by other investors or developers. Hyatt Hotels is a management corporation that operates the hotels for other parties and when those certified public accountings are done, it is for the benefit of the owners of the hotel to verify that what they are getting from Hyatt is true, fair and honest and we are basically in the same position. mh 58 APR $ 0 1970 Mr. Plummer: You are not saying that the other firm would not be true, right and honest. Mayor Ferre: Well, I'll tell you, this is just too important. You know, boy, I'll tell you, we are going to pick things up to a point where we just.. I really think that this is much too important a thing for us to go through a process like that. It is much too important that Hyatt and the developer and the lenders be satisfied. If they Horwath & Horvath or whatever the name is, you know, I don't know anybody in that firm so I could care less. But it just seems to me that if that's who they want, man, that's who I want, and it's just that simple, and I don't want to be playing.... Mrs. Gordon: Is that who they want or is that who the Selection Committee wanted? Mr. Connolly: iIt was the Selection Committee's recommendation that we retain Laventhol & Horwath and the developer'agrees with that. Mayor Ferre: Mr. Connolly: Mrs. Gordon: Mr. Connolly: Mrs. Gordon: like that. Mayor Ferre: Well, I'll tell you, to me -with all due respect to you - Who's the Selection Committee again? It is Charles Crumpton myself and the local guy, Gary ;Graham. .Gary Graham from Smith, Barney's office. 11, the developers wanted it or anything We you know, can't say really don't care what your Committee wants. What I want to know is who the lender, who does the developer and who does Hyatt want,..tha,t's...if they agree, that's who I want, whoever it is, I could care less. Mrs. Gordon: I would think the lender would be the one that would be the' most particular in the whole situation,and you said the lenderr. concurred with your selection? Mr. Connolly: The lender is bond underwriters, Smith -Barney ,and they highly recommend Laventhol & Horwath over Harris, Kerr & Forster.' Mrs. Gordon: Okay, let's go ahead, okay, let's move it. Mayor Terre: Dan, did you have a problem with this? does Mr. Paul: No, I'm not objecting to that, as a matter of fact, I'd be interested to see the results of that survey because it rent is going to look like. Mrs. Gordon: I move it. Mayor Ferre: determineswhat your performance Mrs. Gordon:moves 29(b), is there a second? Mr. Plummer: May I...well, I just wish to inquire, Mr. what we told them. Mayor Ferre:`, What's that? Mayor, if staff did Mr. Plummer: If they developed a bottom figure from the go back to the other firm? Mr. Connolly: Mr. Plummer: No, they did not develop a bottom figure. Did you go back to them and ask them? Mr. Connolly: I spoke to them and they the State law was that they were not to awarded a contract. And I said, well, Mr. Plummer: Mr. other firm, did they said that their understanding of come up with a fee until they were you know... Did you talk to them after our last meeting? Mayor Ferre:. Is ".,there a second to '29 (b) ? 59 APR 3 0 1V O Mayor Ferre: Is there further discussion, call the roll. Mt. Plummer: Yes, I have other objections,'Mr. Mayor, I have objections to the lease. I`think `the lease is,very poorly drawn and in it... we are talking about Mayor Ferre: What lease, ut 29(b). Mr. Plummer:" Excuse, I'm sorry, the contract, not the lease. Mayor Ferre: Do you have any problems with 29(b)? Mr. Plummer: Mayor Ferre: All right, would you enumerate them? Mr. Plummer: Yes, sir. In particular, Mr. Mayor, let me find it here, on page 17. The underwriters are going to use!the Conrad and Associates Report which it is my understanding that everybody agreed that that Report was that crazy. Connolly, could you address that, sir? I think it was your comment, the Conrad Report which was developed by the Off -Street Parking Authority, was not in any way, shape or form a practical or feasible report. Mr. Connolly: Actually, what we got from the Off -Street Parking Authority's consultant, in terms of true consulting, was perfectly valid and accurate. I think what the client told the consultant to put into the document -which included $2,000,000 of funding of the present short-term debt and the City underpinning a whole portfolio of the Off -Street Parking Authority for $436,000 a year for something like 25 years, are the two points that the City took exception to. Mr. Plummer: Yes, sir, but you are going to allow them to use that Report here. Mr. Connolly: No, we are using the utilization figures from the Report. Mr. Plummer: Estimate, usage and expenses projection. It was your statement to me, sir, that the expense projection in that Report was totally out of line with reality. Mr. Connolly: We devised their projections to go from the Off -Street Parking Authority's rates to the street rates and that's the information. that we...we discussed that with Conrad Associates and they agreed.. Mr. Grassie: Those are revenue projections that you are talking about, Commissioner. Mr. Connolly: And Conrad Associates agrees with that in the particular area we are, we are valid. using the street rate Mr. Plummer: Are you saying then -Conrad Associates Report, as modified. Mr. Mr. Connolly: Yes,`, sir. Plummer: Would you so stipulate it? Mr. Connolly:, Yes. Mayor Ferre: What other questions? Mr. Plummer: No, sir, that's all that Ihave. Mayor. Ferre: A11 right, further discussion, call the roll. APR 3 0 1970 The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 79-296 A RESOLUTION ACCEPTING THE ATTACHED PROPOSAL OF LAVENTHOL & HORWATH A NATIONALLY RECOGNIZED CERTIFIED PUBLIC ACCOUNTANT FIRM SPECIALIZING IN HOTEL AND HOSPITALITY ACCOUNTANCY AND FEASIBILITY TO VERIFY THE FINANCIAL VIABILITY AND REVENUE PRO- JECTIONS FOR THE CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER CONFERENCE/CONVENTION CENTER and HOTEL; ALLOCATING FUNDS FROM THE CONVENTION CENTER FUND IN THE AMOUNT OF $46,200.00; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner Armando Lacasa Commissioner (Rev.) Theodore R. Commissioner Rose Gordon Vice Mayor J. L. Plummer, Jr.* Mayor Maurice A. Ferre NOES: None. ON ROLL CALL: *Mr. Plummer: This is on 29(b)? Mr. Ongie: Yes. Mr. Plummer: With this full understanding that this is only a Financial '. Report being developed for the purposes of determining that financial study to be done by the City,..is the understanding, I vote "yes." 61 APR 3 0 1979 • 5. Authorize City Manager to execute agreement: FERENDINO, GRAFTON, SPILLIS & CANDELA inre CITY OF MIAMI/UNIV. OF MIAMI JAMES L. KNIGHT INTERNATIONAL CONVENTION/CONFERENCE CENTER. Mayor Ferre: All right, now, besides Mr. Logan.... Mr. Connolly: There is an item 29(c) which is a revision to the architects' contract. Mayor Ferre: All right, isthere`a problem with that?,...Does problem with item 29(c)? Would somebody make the motion then? Mt. Plummer: Mayor move it. Ferre: Plummer moves... Mr. Lacasa: Mayor Ferre: UNIDENTIFIED Mayor Ferre: UNIDENTIFIED SPEAKER: I have a problem..; Second. Lacasa seconds...further_discussion, SPEAKER: Mr. Mayor,... anybody have a call the roll please. Wait, wait a minute, who is calling? Mayor Ferre: But wait, wait, I'm going, to recognize you want to speak on 29(c)? UNIDENTIFIED SPEAKER Mayor. Ferre: UNIDENTIFIED SPEAKER: doing it. Mayor--Ferre: Yes. n a moment, I thought you said you wanted to speak on 26. do you:. I would also like to speak on this one since you are All right, go ahead. Mr. Ongie: Your name and address for the record.. UNIDENTIFIED SPEAKER: Joel Jaffer, 3268 Mary Street. I have to speak on this because of the purposes of my organization I just have to voice some objection to this because of the doubling in cost. So f rCthisapr development since cetits s incinception and it's general bad development practice by the which we don't like -and all the problems that go with it- I just have to voice some objection to this project at this time. Mr. Plummer: What organization is yours? Mr. Jaffer: The Bayshore YES Committee.. Mayor Ferre: Call the roll. The ,following its adoption: resolution was introduced by Commissioner Plummer, who moved RESOLUTION NO. 79-297 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED RE -NEGOTIATED CONTRACT BETWEEN THE FIRM OF FERENDINO, GRAFTON, SPILLIS, CANDELA, ARCHITECTS/ENGINEERS FOR AN INCREASE IN THE SCOPE OF WORK AND FOR SERVICES TO BE PERFORMED BY THAT FIRM FOR THE CITY OF MIAMI/UNIV. OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER; FURTHER AUTHORIZING THE CITY MANAGER TO EXPEND THE CONTRACT AMOUNT NOT TO EXCEED $1,266,700.00 sal r2 'APR 3 0 1979. FROM THE CONVENTION CENTER FUND TO COMPENSATE SAID FIRM FOR ALL OF ITS SERVICES, INCLUDING THE ABOVE INCREASE IN SCOPE OF WORK AND SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa adopted by thefollowing vote: Commissioner Armando Lacasa NOES: Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre None. 6. Deferral of consideration of Amendment to Annual Appropia- tions Ordinance by appropriating $25,000 FOR CITY HALL RENOVATIONS. Mayor Ferre: All right, now, you want to speak on 26, Mr. Jaffer, we may as well recognize you now. Mr. Joel Jaffer: I suspect this item is the continuation ntof annitemlaifew months ago, it's funding for tearing downs in the City's io (BACKGROUND COMMENTS OUTSIDE OF THE PUBLIC RECORD) Mr. Joel Jaffer: Well; first let me ask you a question, is that what these funds are for? The things in the packet didn't say what the funds were for? What exactly are City Hall renovations? . Plummer: Item 26 Mr. Grassie. Mayor Ferre: Why are we spending $25,000 for? Mr. Plummer: He is under the impression that this refers to the City Hall.. Administration Building. No, no, it's for renovations here. Mayor Ferre: Mr. Plummer: Here! Mr. Jaffer: And what does it involve? Picture window for Mr. Lacasa'.s office Mrs. Gordon: Mr. Jaffer: Oh, okay. you know,•. Mrs. Gordon: ...a couple of other things like that. Mayor Ferre: You were going togive us a listand that's why.we held it up, now, where is the list? This? Vince? Mr. Vince Grimm: No, sir, you didn't ask for a list. Mrs. Gordon: I want a list. Mayor Ferre: Sure she did, I remember distinctly to vote on this until you give me a breakdown. Mrs. Gordon said- I am.not Mt. Grimm: It is a continuing list of things such as, relighting these Chambers recarpeting these Chambers, putting a window in Mr. Lacasa's office, recarpeting the foyer for you three Commissioners. going Mrs. Gordon: I'm sorry, Mr. Grimm, that is not true because we have in our budget a figure of $2,500, recarpeting of the office came out of that budgeted figure and it does not have to come out of any additional allocation of dollars that you are asking for now, so, let's tell us what the facts really are. Mr. Grimm: You have $2,500 in your budget but I didn't pay for the carpet out of your $2,500. Mrs. Gordon: Well, then you just take it out because at .the end of the year you are going to be able to take,it off, it's there, we didn't spend any other. monies out of my'budget. Mr. Grimm: Mrs. Gordon, please, I don't want to be argumentative but it's all the City's moniesand it's for this building. Mrs. Gordon: No, but I don't like misprepresentations, Mr. Grimm. I don't like misrepresentations whatsoever. r. Grassier Why don't you let him finish Mayor Ferree Go ahead. items that we did was the Manager's office, the the Vice Mayor used to occupy, we divided that in front lobby, these are all costs that we pay for Mr. Grimm: Some of the other renovation of the office that half, the improvements to the with these funds. Mrs. Gordon: You have had no Commissioner. funds to pay for them prior to this, right? Mr. Grimm: Yes, Ma'am, I spent them. Mrs. Gordon:. All right, I want a break -down. before I. vote on this item. Mr. Grimm:., HOW far back you want me to go. Mrs. Gordon: What you want to spend the $25,000 for. Mr. Grimm: Well, I haven't gotten to spend the $25,000 because I don't have them. Are you going to have a; Mrs. Gordon: Well, then, what are you talking about? reimbursement? Mayor Ferre: I might remind the Mr. Grassie: This is for the rest of the year, Commissioner, this is just for the rest of the year, this is for expenses from here forward and if you would like... Mrs. Gordon: I want Administration that to know what he is going to do with it. Mayor Ferre: Would you let me finish the statement that I am in the middle of making? Mrs. Gordon requested of the Administration a break -down of the $25,000 to be spended. That is very specific. Now, the reason we did not vote on this is because it was very late at night and she objected to voting for it. And that was her objection and therefore we didn't vote on it. Now, if you have nothsue sub- mitted a list as to what that $25,000 has been or will be spent, then, you not complied with her request, period. Mr. Grimm: I apologize, Mr. Mayor, I did not understand it that way, I'll get her that list. Mayor Ferre: All right, now, you will put it on the Agenda for the 24, I guess, with the proper information, and is there anything else to be discussed on item 26? If not, it's being deferred, that's correct. And Mrs. Gordon moves and Plummer seconds that item 26 BE DEFERRED. Call the roll. WHEREUPON the foregoing motion to defer this item, properly introduced by Commissioner Gordon and duly seconded by Commissioner Plummer, was passed and adopted by the following vote: Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore R. Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre None. AYES: NOES: mh � . r) 1979, ADJOURNMENT There being no further business to come before the City Commission, on motion duly made and seconded, the meeting was adjourned at 7:35 P.M. ATTEST: RALPHG.ONGIE City Clerk 65 APR 30 1074. maim DOCUMENT IDENTIFICATION 1 COMMISSION AGENDA AND CITY CLERK REPORT 2 AMENDING ORDINANCE NO. 6871, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI 3 AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY. OF MIAMI 4 AMENDING SECTION 1 AND 6 OF IAANCE O. 8858, ADOPTED SEPTEMBER 28, 1978,THE APPROPRI ATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1979 5 AMENDING SECTIONS 3 AND 6 OFORDINANUALCE AO. 8858 ADOPTED SEPTEMBER 28,,1978, THE AOPRI ATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1979 6 ACCEPTING THE ATTACHED PROPOSALEOFD CE LAVENTHOLO & HORWATH A NATIONALLY RE PUBLIC ACCOUNTANT FIRM SPECIALIZING IN HOTEL AND HOSPITALITY ACCOUNTANCY. 7 GRANTING A ONE YEAR EXTENSION COF THE XXIIIARIANCE FROM ORDINANCE NO. .6871, TIONS 4(13), 4(24) AND 4(24-A) 8 GRANTING A VARIANCE FROM ORDINANCE NO.CLE 6871, ARTICLE IV, SECTION 19 (2) TION 3(1)(a) 9 GRANTING ELEEMOSYNARY YUSE 8-10 PROJECTCONSTRUC- TION OF THE DADE;.COUNT HANDICAPPED ELDERLY, AS PER COMPREHENSIVE ZON- ING ORDINANCE NO. 6871 10 GRANTING A CONDITIONAL USE (PUN) AS LISTON (D) IN ORDINANCE NO. 6871, ARTICLE h) 11 GRANTING APPROVAL OF GOVERNMENTAL USE TO CON- STRUCT AND OPERATE CERTAIN CULTURAL FACILITIES AS HEREINAFTER SET FORTH, PER ARTICLE XXI-2, SECTION 3 (1-2), OF THE CITY COMPREHENSIVE ZONING ORDINANCE 12 AMENDING RESOLUTION 4 . 74-572 ENTITLED pASRESOLUTION SED AND ADOPTED JUNE 27, 197 GRANTING A CONDITIONAL USE AS LISTED IN ORDI- NANCE NO. 6871, ARTICLE XI, SECTION 1(5)(b) 13 GRANTING A ONE YEAR INTENSION OF ORDINANCE NO.E 6871,I AR - TONAL USE AS LISTED TICLE XI-3,SECTION 1(7) (e). CITY OF Ivv IVI' DOCU M ENT MEETING DATE: I NDEX-----A-1-""---* COMMISSION I RETRIEVAL ACTION CODE NO. 0043 0044 79-296 79-298 R-79-304A1 79-304A DOCUINENT•IIVDEX CONTINUED TUM NO. DOCUMENT IDENTIFICATION 14 GRANTING A ONE YEAR EXTENSION OF THE HEIVARIANCE AS LISTED IN ORDINANCE NO. 6871, XI-3, SECTION 4(1) AND ARTICLE XXIII, SECTION 4 15 AUTHORIZING THE A SECOND ONE YEAR EXTENSION OF THE DEVELOPMENT ORDER AUTHORIZED BY CITY COMMISSION RESOLUTION NO. 75-135 16 ACCEPTING THE PLAT ENTITLED DEWITT SUBDIVISION A SUBDIVISION IN THE CITY OF:MIAMI 17 OFFICIALLY VACATING AND CLOSING N.E. MIAMI COURT BETWEEN THE NORTH RIGHT OF LINE OF N.E. 58TH STREET AND THE SOUTH RIGHT OF WAY LINE OF N.E. 59TH STREET 18 ACCEPTING THE PLAT ENTITLED BALDWIN BLUFF 19 ACCEPTING THE PLAT ENTITLED CARONI PARK 20 AUTHORIZING THE CITY MANAGER TO FUND THREE ADDITIONAL POSITIONS IN THE CITY CLERK'S TIONSEAND EONEFIED (1) TYPEST CLERK III POSITION 21 AMENDING SECTION 2 OF RESOLUTION NO. 78-497 ADOPTED JULY 27, 1978 ENTITLED "A RESOLUTION APPROVING THE AWARD OF BID FOR ELECTRONIC DATA PROCESSING EQUIPMENT 22 ACCEPTING THE BID OF DAMAR UNIFORMS FOR FURNISHING UNIFORMS FOR ONE YEAR ON A CONTRAC', BASIS FOR THE DEPARTMENT OF POLICE 23 ACCEPTING THE BID OF TAMIAMI DISTRIBUTORS FOR THE SLAE OF 300 LOCECATSACTOTALCATED PRICEBY OFTHE DEPARTMENT OF PO $2,390.00 24 CLOSING CERTAIN SNRSATURDAYCOCONUT OCTOBER 27GROVE TO 1979 THROUGH TRAFFIC 0 25 STRONGLY URGING THE DADE COUNTY LEAGUE OF CITIES, INC. TO INITIATE LITIGATION CHALLENG- ING THE VALIDITY OF THE TAXI ORDINANCE ADOPTED ON MARCH 20, 1979 BY THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY 26 ESTABLISHING GUIDELINES FOR CITIZEN PARTICI- PATION IN COMMUNITY DEVELOPMENT TARGET AREAS AS REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 27 ACCEPTING THE BID OF P.N.M. CORPORATION R-79-304B R-79-305 R- 7 9 - 3 06 ., R-79-307 R-79-308 R-79-309; R-79-310 R-79-311' R-79-31 R- 79- 313 R-79-314 R-79-315 R-79-317 R-79-318 79-304B 79-305 79-306 79-307 79-308 79-309 79-310 79-311 79-312 79-313 7.9 - 314 79-315 79-317 79-318