HomeMy WebLinkAboutCC 1979-04-19 MinutesCITY of MIAMI
C .
MINUTES
OF MEETING HELD ON
April 19, 1979
(REGULAR)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
RALPH G. ONGIE
CITY CLERK
�y-
ct�t
itZRIM
APRIL 19, 1979 (REGULAR)
SIBJECT
1
INANCE OR
=
tELUTION NO. PAGE NO.
1
2
2.1
3
4
5
6
7
8A
8B
9
10
11
12
13
14
15
16
17
18
PRESENTATION: "SUMMER ADVERTISING PROGRAM"
PERSONAL APPEARANCE: EDWARD A. CARHART, ESQ.
SPECIAL COUNSEL REGARDING ADULT ENTERTAINMENT
CENTERS
REQUEST FOR BEAUTIFICATION OF BISCAYNE BOULEVARD
CITIZEN PARTICIPATION -COMMUNITY DEVELOPMENT TARGET
AREAS - DISCUSSION OF HOLDING OF ELECTIONS
SECOND READING ORDINANCE: FUND STRUCTURAL SURVEY
ANALYSIS AT ORANGE BOWL STADIUM
SECOND READING ORDINANCE: ESTABLISH NEW TRUST AND
AGENCY FUND - "SCULPTURE EXHIBIT - BICENTENNIAL
PARK"
AUTHORIZE CITY MANAGER TO ACCEPT CONTRIBUTIONS OF
MONIES FOR COMMEMORATIVE PLAQUES AND RELATED ITEMS
"CUBAN MEMORIAL PLAZA AND MEMORIAL BOULEVARD PROJECT"
INCREASE SPECIAL PROGRAMS AND ACCOUNTS FOR THE
PURPOSE OF FUNDING DADE COUNTY SCHOOL BOARD
COMMUNITY SCHOOLS AND AFTER SCHOOL CARE PROGRAMS FOR
A 45-DAY PERIOD
CONDOLENCES IN THE DEATH OF MILDRED PEPPER
CONDOLENCES IN THE DEATH OF CLAIRE WEINTRAUB
CONDOLENCES IN THE DEATH OF SAM BLANK
CONDOLENCES IN THE DEATH OF M. LEWIS HALL SR.
PROCLAMATIONS, PLAQUES AND SPECIAL ITEMS
RECEIVE AND OPEN SEALED BIDS -SOUTH BAY SANITARY
SEWER IMPROVEMENT SR-5454-C
DISCUSSION OF PROPOSED "LATIN QUARTER" FOR THE CITY
OF MIAMI AND AUTHORIZE $25,000 FOR CONTINUED
FUNDING
PRESENTATION: ARCHITECTURAL DESIGN FOR NEW SOLID
WASTE DEPARTMENT ADMINISTRATION BUILDING
ALLOCATE MATCHING FUNDS FOR PURCHASE OF NEW
VEHICLES FOR ACTION COMMUNITY CENTER, INC.
EATABLISH DATE OF DEDICATION OF HEAVY EQUIPMENT
MAINTENANCE FACILITY
CHANGE DATES OF CITY COMMISSION MEETINGS FOR THE
MONTH OF MAY, 1979
APPOINT MEMBERS TO THE CITY OF MIAMI WATERFRONT
BOARD
DISCUSSION
M-79-244
R-79-245
DISCUSSION
ORD. 8917
ORD. 8918
FIRST READING
FIRST READING
R-79-246A
R-79-246B
R-79-247
R-79-248
DISCUSSION
M-79-249
R-79-250
DISCUSSION
M-79-251
DISCUSSION
M-79-252
R-79-253
1-5
5-8
9-12
12-54
55
55
56
56
57
57
58
58
59
60
60--63
64-67
67-70
70
70
71
STICIFEAVATTORIllet
APRIL 19. 1979 (REGULAR
PAGE M2
SUBJECT
igOLUTION
INANCE OR
No.
PAff N0,
19
20
21
22
23
23.1
24
25
26
27
28
29
30a
30b
31
32
33
SECOND READING ORDINANCE: AMEND SECTION 56-30
OF THE CODE -REQUIRE PERMANENT INSTALLATION OF
BULLET -RESISTANT PLATE OR PARTITION IN TAXICABS
ESTABLISH DATE FOR PUBLIC HEARING ON HOLDING OF
COMMUNITY DEVELOPMENT TARGET AREA ELECTIONS
REQUEST CITY ATTORNEY TO RENDER LEGAL OPINION
CONCERNING ADA MERRITT SCHOOL
PERSONAL APPEARANCE: VICTOR LOGAN CONCERNING POSSIBLE
REMOVAL OF TENANTS FROM DINNER KEY MARINA FOR HIS
SUMMER BOAT SHOW
PERSONAL APPEARANCE: WILLIAM N. HITCHINSON, JR.
REGARDING CULMER C.D. TASK FORCE'S RECOMMENDATIONS
DEFERRAL OF CONSIDERATION OF ACCEPTANCE OF A BID
FOR LEASE OF OFFICE SPACE FOR CULMER COMMUNITY
ASSISTANCE PROGRAM
WAIVE 1976 CITY OF MIAMI TAXES FOR "DOUGLAS GARDENS
JEWISH HOME OF THE AGED"
PERSONAL APPEARANCE: JAMES M. MOSS REGARDING
"1979 GOOMBAY FESTIVAL"
DECLARE POLICY OF THE CITY COMMISSION REGARDING
OFFICIALLY RECOGNIZED GROUP FOR "CITY OF MIAMI/
BAHAMAS GOOMBAY FESTIVAL"
VACATE/CLOSE ALLEY BOUNDED BY BRICKELL PLAZA,
BRICKELL AVENUE AND SO. WEST 8TH STREET-"INTERCAP
SUB."
DECLARE BUENOS AIRES, ARGENTINA A SISTER CITY TO
THE CITY OF MIAMI
AUTHORIZE SUPPLEMENT TO CONTRACT WITH FERENDINO,
GRAFTON, SPILLIS, AND CANDELA - SCHEMATIC DRAWINGS
'F'OR PARKING GARAGE/CONFERENCE CENTER
DEFERRAL OF CONSIDERATION OF ACCEPTANCE OF PROPOSAL
VERIFYING FINANCIAL VIABILITY OF THE "CITY OF
MIAMI-UNIVERSITY OF MIAMI JAMES L. KNIGHT
INTERNATIONAL CONFERENCE/CONVENTION CENTER"
INVOKE 5-DAY RULE ON PROPOSED CONTRACT BETWEEN
FERENDINO, GRAFTON, SPILLIS AND CANDELA AND THE CITY
OF MIAMI - $1,266,700 FOR ADDITIONAL SERVICES ON THE
CONVENTION CENTER ITSELF
FIRST & SECOND READING ORDINANCE: REPEAL SECTION
65-1 THROUGH 54-4 OF THE CODE CONCERNING ABOLITION
OF THE MUNICIPAL COURT
FORMALIZING RESOLUTION RESCHEDULING CITY COMISSION
MEETINGS FOR THE MONTH OF APRIL 1979
FIRST AND SECOND READING ORDINANCE: AMEND SECTION 5,
ORD. 6545-PROVIDE NEW FEE FOR BUILDING, PLUMBING,
ELECTRICAL, BOILER AND ELEVATOR INSPECTION AND
CERTIFICATE FEES
ORD. 8919
DISCUSSION
M-79-254
DISCUSSION
M-79-255
DISCUSSION
M-79-256
DISCUSSION
M-79-257
R-79-258
R-79-259
R-79-260
DISCUSSION
DISCUSSION
ORD-8920
R-79-261
ORD. 8921
72-79
79-81
81-83
84-88
88-101
102-103
103-104
104-106
106-108
109-117
118
119-120
120-121
121-122
122-123
123-124
124-125
INCEX
SSIIFllA
APRIL 19, 1979 (REGULAR)
PAGE N 3
ITEM NO.
SUBJECT
tINANCE OR
OUITION NO.
34
35
36
37
38
39
40
41
42
43
44
45
46
47
APPOINT 6 NEW MEMBERS TO THE INTERNATIONAL FOLK
FESTIVAL COMMITTEE
FIRST READING ORDINANCE: AMEND SECTION 39-13.1
OF THE CODE - RESTRICT REDUCED GREEN FEE RATES
DURING WEEKDAY HOURS OF THE WINTER SEASON.
ESTABLISH RATES FOR "SPECIAL AMERICAN CANCER
GOLF CART"
AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT:
JONATHAN C. SEYMOUR, HENDERSON - ROSENBERG
ASSOCIATES AND DAVID M. SCULLY AND ASSOCIATES
FOR "DESIGN AND DEVELOPMENT SERVICES FOR TACOLCY
CENTER AND 12TH AVENUE PARK"
FIRST & SECOND READING ORDINANCE: AMEND ORDINANCE
8716 - GENERAL OBLIGATION BOND FUND - TACOLCY/
12TH AVENUE PARKS
AUTHORIZE CITY MANAGER TO ENTER INTO AN AGREEMENT:
ESTABLISH OFFICE OF INTERGOVERNMENTAL COORDINATION
AND LIAISON ENTIRELY FUNDED BY SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM
AUTHORIZE CITY MANAGER TO ACCEPT GRANT: "ARTIST
IN RESIDENCE PROGRAM -FIFTH YEAR"
FIRST READING ORDINANCE: AMEND ORDINANCE 8719-
ESTABLISH NEW TRUST AND AGENCY FUND: "ARTIST
IN RESIDENCE DANCE PROGRAM -FIFTH YEAR"
RATIFY AND CONFIRM EMERGENCY ACTION OF CITY
MANAGER - REPAIR AND REFURBISH AREA LADDER NO.1-
FIRE DEPARTMENT
AUTHORIZE REPAIR AND REFURBISHING OF AREA LADDER
NO. 4, FIRE DEPARTMENT
ACCEPT GIFT OF REAL PROPERTY LOCATED AT 1141 N.W.
• 3RD AVENUE FROM HENRIETTA H. GULLET AND ANNA BELLE
HAM
CONSENT AGENDA
PETITIONING FLORIDA LEAGUE OF CITIES TO REVERSE
METROPOLITAN DADE COUNTY'S ATTEMPTS TO PREEMPT
MUNICIPAL REGULATORY CONTROL OVER TAXICABS
RECORDING THE INTENT OF THE COMMISSION TO DIRECT
ITS REPRESENTATIVE TO THE STATE LEGISLATURE TO
PROTEST THE ACTION OF DADE COUNTY IN PREEMPTING
MUNICIPAL REGULATORY CONTROL OF TAXICABS
ALLOCATING $1,500 TO THE COCONUT GROVE CHILDREN'S
THEATRE "PERFORM-A-THON '79" WITH FUNDS FROM
SPECIAL PROGRAMS AND ACCOUNTS, QUALITY OF LIFE
PROGRAM -COMMUNITY FESTIVALS
R-79-262
DISCUSSION
R-79-263
ORD.8922
R-79-264
R-79-265
DISCUSSION
R-79-266
R-79-267
R-79-268
DISCUSSION
R-79-269
R-79-270
R-79-271
PAGE NO.
125-126
126-127
127-128
128-129
129-131
131
132
132
133
133
134
134
135
I135-136
cif
IRE(
STICINWFOR1114
APRIL 19- 1979 (RPt TIL R1
PAGE 04
ITEM IC.
48
49
50
51
52
53
54
55
56
57
58
59
60
61
REJECT
E OR
PAGE gN0,
ourriouJTlav No.
AUTHORIZING CITY MANAGER TO EXECUTE AN AGREEMENT
WITH MR. LAZARO ALBO AS ASSISTANT TO THE MAYOR
AUTHORIZING PAYMENT OF $73,815 TO B.E.C.
CONSTRUCTION CORPORATION IN PARTIAL PAYMENT
OF THE CONSTRUCTION CONTRACT FOR "LITTLE HAVANA
COMMUNITY CENTER"
AUTHORIZING CITY MANAGER TO EXECUTE A QUIT CLAIM
DEED TO HARRY AND GERTRUDE FLYNN FOR PROPERTY AT
1253 S.W. 2 STREET
ORDERING WEST TRAILVIEW HIGHWAY IMPROVEMENT H-4447
AND ALLOCATING $10,000 FROM THE HIGHWAY BOND FUND
FOR PRELIMINARY EXPENSE
AUTHORIZING CITY CLERK TO PUBLISH A NOTICE OF PUBLIC
HEARING TO HEAR OBJECTIONS TO THE ACCEPTANCE OF
COMPLETED CONSTRUCTION OF EAST BRADDOCK SANITARY
SEWER IMPROVEMENT SR-5410-C
ACCEPTING COMPLETED WORK -BEN HURWITZ, INC. FOR THE
NEW FIRE STATION NO. 9-BUILDING DEMOLITION
ACCEPTING COMPLETED WORK - THE ZACK COMPANY FOR
BAYFRONT PARK AUDITORIUM REROOFING
ACCEPTING COMPLETED WORK - GASTON LANDSCAPE COMPANY
FOR THE CHARLES TERRACE COMMUNITY DEVELOPMENT
TREE PLANTING
ACCEPTING COMPLETED WORK - MAYO CONSTRUCTION
INDUSTRIES, INC. FOR THE SIMPSON PARK - BUILDING
REROOFING
BID ACCEPTANCE - ANAR CONSTRUCTION CORP. -
ALLAPATTAH MINI -PARK DEVELOPMENT
BID ACCEPTANCE - WILLIAMS PAVING COMPANY -
S.W. 22 STREET HIGHWAY IMPROVEMENT - PHASE III
BID ACCEPTANCE - MIRI CONSTRUCTION,INC. - CULMER
COMMUNITY DEVELOPMENT PAVING PROJECT - PHASE III -
BID"A"(HIGHWAY)
BID ACCEPTANCE - T & N CONSTRUCTION CO. - CULMER
SANITARY SEWER MODIFICATIONS - PHASE III -
BID"B"(SANITARY SEWERS)
CONTINUED DISCUSSION - "MIAMI SUMMER BOAT SHOW"
R-79-272
R-79-273
R-79-274
R-79-275
R-79-276
R-79-277
R-79-278
R-79-279
R-79-280
R-79-281
R-79-282
R-79-283
R-79-284
M-79-285
136
137
137
138
138
139
139
140
140
141
141-142
142
143
143-150
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
* * * * * *
ON THE 19TH DAY 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 REGULAR SESSION.
THE MEETING WAS CALLED TO ORDER AT 9:02 A. 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
Commissioner (Rev.) Theodore Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
Joseph R. Grassie, City Manager
R. L. Fosmoen, Assistant City Manager
George F. Knox, City Attorney
Ralph G. Ongie, City Clerk
Matty Hirai, Assistant City Clerk
An invocation was delivered by Reverend Gibson who then
led those present in a pledge of allegiance to the flag.
A motion to waive the reading of the minutes of February 1st,
February 22nd and February 26th was introduced by Commissioner Gibson
and seconded by Commissioner Gordon and was passed unanimously.
Mr. Plummer: A presentation of Summer Advertising Program, Beber/Silverstein.
Mr. Price are you going to introduce this item?
(MAYOR FERRE ENTERED THE MEETING AT 9:07 A.M.)
Mr. Price: We will try to go through this very rapidly so we won't take up
too much of the Commissioners time this morning, but we want to show you
what has been done to insure us the people of Miami of a very good
summer season. We are looking for...
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Price: The reason we are doing this is the why and the where for it,
because you know sixty-three percent of Miami's economic benefits still come
from the tourist industry and we also know that where our tourism goes industry
follows. Twenty percent of our taxes are paid by these tourist that come
into the Greater Miami area. Some of the events that we are going to have
here and just a few of them we have hurriedly made up for you and there will
be more than one hundred events taking place in the Greater Miami area this
summer that will be appealing to everyone from a Juvenile to a Senior Citizen.
Our two big events right now on the drawing board is the International Folk
Festival and the Goombay Festival which will be held down in this area here.
The... we will have probably seventy-five or eighty conventions in the Greater
Miami area this summer, but here are some of the larger ones as you can see
is heading by the School Board with sixteen thousand attendance and it goes
on down to five thousand for the other smaller conventions, but these conventions
bring millions and millions of dollars into the area each year.
gl
01
APR 1 R 101i
•In just a moment Beber and Sulverstein will show you b.l outstanding advertising
program which we are going to advertise this Summer on three continents,
North America, South America and Europe and in South America we are going to
hit the Central American Counties as well as the Caribbean very hard. We are
going to use some of these activities... every communication type of activity
known to man will be utilized to continue this flow of tourism into the Greater
Miami area. As you know we had one of our best Summer season ans we are hoping
to have an excellent.. we had the best Winter season excuse me, and we hope
to have an excellent Summer season following right on the heels.
Just to assure you this is totally not a just merely spending program, but a
promotional program coinciding with a very good advertising program because
promotion and advertising go together hand in hand. We are going to get
the maximum benefits of the Greater Miami exposure. This we just threw in
there because we know that this particular Commission has had... time and time
again expressed it's interest in the development of the motion picture
industry here. We have just had Jerry Lewis finish a picture right behind
Don DeLuise and Cliff Robertson here and we have got other movies on the
drawing board, they are working very close with this industry, this brings
money into the area too. So this will be the promotional program which will
be backing up a very good advertising program and at this time to assure you
of the advertising program I'm going to introduce Joyce Beber and Hank
Goldberg to let them explain how the adverising campaign will support this
promotional campaign.
Mr. Silverstein: Thank you, Lew. I want to just talk for a minute about
where we are going to be advertising and then Joyce will take you through
and show you the ads and I would like to take just a minute if I might to
express to you how we developed the campaign that we did. We felt, number one,
that as Lew said that we wanted to advertise on three continents plus the
caribbean, so we have a substantial program running in Latin America and
Jamaica and in Nassau. We also have a substantial program, although not as
substantial as the Latin American one, I would say about forty percent of
what we are running is going to be in Latin America. The reason being that
advertising down there cost a lot less, also we are getting the benefit of
several special sections. In Europe we are running in the key root cities
such as Frankfurt, Amsterdam, London, Paris, the new root cities as well as
the existing ones. And the balance of the funds will run in the United
States in Canada or North America where people are more familiar with our
products and we are able to, I think say things domestically that we might
not be able to say abroad. In Latin America we are selling shopping the
family vacation, in Europe we are selling the value of their monies over
here as they are translated into their our dollars and how much and how
much they can stretch and in the United States we are selling the vacation
experience of Miami as it has never been experienced before and when we
developed this campaign we felt that we who live here, most of us didn't
come from here yet we experience this City and love it in a way that we
would like our visitors to love it and experience it and it's more than
just the sun and beach experience. Therefore, we feel that we can show people
things that exit here that they had never been aware of or had never
ventured into before. So our campaign theme is going to be "See it like a
native" and there are several people who have moved here who are very well
known people, like the Bee Gees and Telly Sevalas and Beverly Sills and
Mr. Singer a Pulitzer prize winning author and nobels, excuse me. And "Look
who has gone native", has great local application because what it says is that
there are people who have chosen to live here. We are not trying to sell
this as a place to live, what we are trying to say is that there are things
about this community that as a tourist you should come and take advantage.
So with that I'm going to have Joyce Beber show you the ads.
Ms. Beber: In developing the strategy for the campaign we recognized that
we had several problems and several opportunities. One of the problems was
that everybody says what is there to do there? Is it a place for old people?
Is it a place there where as we know that the climate is good. Does it get
too hot? And we recognize that this problem could definitely be turned into
an opportunity. There are a lot of things that are going on in Miami that
most tourist don't know about and as Hank said we recognize the very unique
position that we are in. Unlike Omaha or Chicago or Iowa or any city we
have an enormous percent of people who have chosen to live here because of
the very special and exciting opportunities that they see here and we thought
if we could share... because they in a sense are spending their lives on
vacation because they have wonderful things that no other city offers. And
gl
02
APR 19 1979
we thought too that when a tourist comes into a new town he says "where are the
great restuarants? Give me the inside tracks. Where are the good places to go?
And we thought we who have chosen to live here are going to give tourist that
inside track and make him feel that he is really doing something special that
we are sharing with him. The interesting shopping, the special boutiques all
in addition to the traditional tourist attractions of course, and so from
this problem an opportunity developed the campaign "Miami --see it like a
native" and of course, the native is that so called native who has chosen to
be one which I think makes it much stronger. These are very rough ads that
we are showing you, just rough drawings and... unproduced rough drawings.
"Miami --see it like a native". This is a shopping ad with people with lots
of shopping and the line, it has actually changed. Hank what is it now? I
think there is a new that also says "with the money you save this year, come
back and visit us next year" and the body copy will talk about the great
shopping value. We have... and that is for Latin America. We have another
ad for Latin America which says... Hank help me explain...
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Ms. Beber: Further family experiences, we have special ads for children.
"free advice on where to take your parents on vacation" with a very special
children brochure of Miami's from this high" which will talk to kids
about the Serpentarium and the monkey jungle and all the traditional things
that children wish to see. We have ads that will be in Europe that address
itself to value, to price consistently. We have an ad which is a beautiful
shot of a hotel room with a beautiful view, all the ads say of course,
"Miami --see it like a native". The caption here is room with a view, seven
dollars a day or eighteen dollars a day, with air fare slightly extra
and I think the impact of this ad will be the enormous difference between
the price of a hotel room here and what it cost to have a vacation in Europe.
We have an ad that has a sumptuous meal "Miami --see it like a native" with
service and food and it says only twelve dollars, air fare slightly extra.
The impact of course, is the visual of the sumptuous food and the great
value. We have some domestic advertising. This is a graphic of the bicycle
paths and the caption is "Miami on two wheels a day". We see a family with
children riding on a bicycle path, the body copy and the map will indicate
the bicycle paths from Grinnel's Park to Homestead and will take this family
on this wonderful trip where they will stop in the Grove and go to the beach
and buy and shop and do all of the things that really, I think most tourist
don't know about and never would find out unless natives were willing to
share it. We have an ad that talks about nightclubs. What is there to do
at night? "Miami --see it like a native". This is people at one of the
nightclubs in town, I think they had in mind a Greek Night Club where people
are drinking and doing things and the body copy of course, will talk about
all of the other alternative night spots, including disco dancing and all
of the things that are going on. We have an ad that talks about the South-
west 8th Street Festival "Miami --see it like a native", "This summer go
Miami Amigo" and this ad talks about the people who would be rolling cigars
on Southwest 8th Street, the music, the sugar candy and the entire charm
of the experience and there will be a festival this summer. We have another
"Miami --see it like a native" with all kinds of food, how to order in our
native tongue and we have food that will be from Korean to Kosher and I think
the people would be excited and surprised to find the enormous amounts of
marvelous ethnic restaurants that we have in Miami. We are trying as you
can see very hard to capture... we know the people know that we have fun
in the sun and we are trying say that we do of course, but we have much
more now. What native doesn't love a jungle and we talk about the traditional
attractions for kids. The serpentarium, the Parrot Jungle, the monkey jungle.
Perhaps for the future, we say play like the natives play and we have the
pari-mutuels, obviously not for the summer. We think that the campaign has
enormous merchandising values and excitement and we are going to try to
get the kind of national public attention that the "I love New York" campaign
does. We have a billboard that will be going up in the middle of Times Square
as well as to and from the airport in New York. And if you are familiar,
and I assume you are, with the "I love New York" campaign, our billboard
which is being produced now is a pair of haunting beautiful female eyes and
it says on the billboard " You don't know what love is" Miami• -see it like
a native" and we hope that kind of whimsical irreverent plane with the New
Yorkers and with all the tourist that come in and out of New York will get
us a lot of attention and a lot of competitive fun. We hope that department
stores will pick up in merchandise using our campaign, "Miami --see it like
a native", native trinkets sold here. We intend to create a drink, we have
a lot of people who are interested already, including Seagram's in developing
a drink. This might be the name "The Miami big shot" to be given away already
on airplanes, the natives toast you and we think the excitement of this
campaign is to really carry it into the community. To use people like
gl IN 19 t979 •
03
It
0
Beverly Sills and people who are leaders in the community here to participate
so that when people do come here they find the natives extremely friendly. We
hope to have young ambassadors at the airport greeting people. Not all of this
of course, can be accomplished in the next couple of months, but you can see
the long range positive ramifications of this campaign.
Rev. Gibson: Let me ask what is that...
Mr. Silverstein: Pardon me?
Rev. Gibson: What is that product...
Ms. Beber: Well, we think it will be... we know it will be orange juice and
some other kind of liqueur, not a hard liqueur, bur a liqueur.
Rev. Gibson: Not a what?
Ms. Beber: It will be an orange juice combination. We have been trying them
at the office...
Mr. Silverstein: Half the people at our office are out sick today because
yesterday we had them do it with slow gin.
Rev. Gibson: I didn't know whether they was going to be selling wine, you
know...
Mr. Silverstein: Well, we are working with a couple of liquor companies
locally to try and develop this special drink.
Rev. Gibson: You know, I was just kidding because you know, I...
Mr. Silverstein: I can leave this. There is a couple of other things. We
are running our schedule in Orlando this summer with radio and outdoor and
some magazine space. We are looking for a piece of music now, we have
contacted some very big names in the music and jingle field to try and create
a piece of music for the area. The only other thing I can leave you with is
that locally we are trying to enlist the support of the private sector as
well some what, we are having buttons made up that say "I'm a friendly
native ask me" which would go to bus drivers, taxi drivers, hotel service
employees, restuarant employees. The other thing we are doing is T shirts.
We have contacted a T shirt company that is going to distribute then for
us and produce them for us as a self-liquidating item and while... this isn't
what the shirt will look like, we are having them designed specially. This
would be... or for children and it will say " I'm a little native", something
like that and they will be sold in airport gift shops, hotel gift shops,
Burdines, I think is going to carry them. So we are going to carry the
campaign to the community as well to the prospective tourist.
Ms. Beber: If possible we hope in fact to have bumper stickers that would
say "I'm a native Miamian from Omaha", "I'm a native Miamian from Canada".
Just the excitement of people saying where you are from. I'm a Miamian
now chosen and a tourist. So we hope that the campaign will have all of those
tremendous community benefits.
Mayor Ferre: I would like to... just to add one word of precaution if I
may and please take this in a positive sense as I mean it. In a lot of the
Caribbean Islands and in South America that were former Colonies of either
Spain or England. The word native sometimes has a derogatory connotation
in Spanish "nativo", I think you've got to be very careful that a lot of
people that are you potential customers have a hang-up about Americans
continually calling them natives. Now, and the perception being that natives
are people that go around with bows and arrows and they are very touchy
about it. And I have noticed that in Brazil, you've got to be very, very
careful how you use the word native. Native in the United States has one
connotation. Native in Latin America and the Caribbean has a completely
different connotation, it's almost a pejorative word.
Mr. Silverstein: We did investigate that and what we are going to do is
say "see it as we see it" in those place because... yes, we were made aware
of that.
Mayor Ferre: If you say "see it through the eyes of a Miamian" or "see it
as if you were a Miamian" or "see it like a Floridian" or "see it like one
of us" I think that's a friendly way to put, but to tell somebody in a Latin
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04
country "see it like a native" is really a pejorative adjective.
Mr. Silverstein: Yes, we will do that. Thank you.
Mayor Ferre: Alright, Lew, thank you.
Mr. Price: Thank you.
Mayor Ferre: Thank you.
"c2. PERSONAL APPEARANCE: Edward A. Carhart, Esq. - Special Counsel
regarding Adult Entertainment Centers.
Mayor Ferre: Alright, I notice that Mr. Carhart is here and with the
permission of the other people that are waiting... I know that he is a
very busy attorney and he has requested since he is here on Item F if he
would be taken out of term and I think this will be a very short item. So
Mr. Carhart, if you would. Do we need anybody else here George? Well, why
don't you then make the introduction.
Mr. Knox: Alright. At your meeting of March 22nd you authorized the City
Attorney to engage the services of Mr. Edward Carhart for the purpose of
assisting us in fashioning means whereby we could more effectively deal with
the problem represented by adult entertainment centers within the City and
Mr. Carhart has done some preliminary work and will take this opportunity
to make a presentation to the Commission at this time.
Mr. Carhart: Thank you, Mr. Knox. Mr. Mayor and members of the Commission,
I have reviewed the situation with the assistance of Mr. Knox and Mr. Alvarez.
I have also talked to the people in the State Attorney's Office who have been
prosecuting the cases in the Criminal Justice System and I have talked to
the members of the Miami Police Department who have been instrumental in
investigating the situation here in the City. At this time the Miami Police
Department tell me there are approximately eleven places of business who
would fall into this category, who are currently and have been violating the
obscenity laws of the State of Florida and they feel that they can make cases
against these establishments and have these cases hold up in court. My only
role in behalf of the City of course, would be to enforce the City's Ordinances
in this area specifically the License Ordinance and perhaps look at the
Zoning Ordinance and the Public Nuisance Ordinance which I understand you
have adopted. There are also three cases pending in Federal Court at this
time seeking to restrain the City from enforcing it's Ordinances and two of
them I believe seek damages from the City for past enforcement efforts. My
proposal would be that my firm represent the City in this area, that we
defend these cases in Federal Court and that we work with the Miami Police
Department and the City Attorney's Office in an effort to make sure that
the business establishments presently located here comply with the existing
Ordinances. I will say there is an attack on the... even the latest Ordinance
and it may be that, that Ordinance will have to be even more narrowly drawn
to satisfy the Federal Courts here. For example, the present Ordinance
provides for a revocation of license for a conviction of offenses or crimes
which are not directly related to obscenity such as narcotics problems and
prostitution problems. The Federal Courts have indicated that in terms of
bookstores they will frown upon any basis for revoking their license which
goes beyond the main thrust of their business, that is the violation of the
obscenity law. We would as I say be prepared to defend those suits in
Federal Court and be prepared to defend the present Ordinances and make
recommendations to the Commission and the City Attorney's Office as to how
to better draw the present Ordinances so they will satisfy the Federal Courts,
and that we are in keeping with the constitution of this Country. In
addition, I would also like to look at the Zoning Laws you have passed in
this regard because it is a very strong possibility that many of these
businesses could not remain in business where they are presently located.
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Wu 11,029WPC
I think it's only fair and honest to say to everybody concerned including the
citizens that are interested in the area, that as an attorney and I think you
as City Commissioners cannot publicly or privately take the position that you
are looking to drive people out of the business. What you are looking to do
is to pass appropriate legislation to regulate this business and to make sure
the businesses within your community abide by those regulations. If they are
able to make a profit under those circumstances that's fine, if they are not
able to make a profit under those circumstances, well that's a business
decision for them to make. And of course, neither the City nor I think the
residents want to be in violation of the first amendment in this Country,
so that is the attitude I would take to vigorously enforce appropriate
Ordinances and make those people that do choose to engage in this business
within the City of Miami strictly follow the Ordinances that you people
have adopted.
Mayor Ferre: Thank you, very much Carhart. Now, I know that Mrs. Rockafellar
is here and she might want to say a few words in conjunction to the statement
you just made.
Mr. Carhart: I have conformed with Mrs. Rockafellar and I think she will be
most useful in my efforts, she is an untiring worker in this field.
Mayor Ferre: Alright, Mrs. Rockafellar.
Ms. Rockafellar: Mr. Mayor and members of the Commission, I'm Grace Rockafellar
I live at 814 Northeast 71st Street, I'm President of the Northeast Miami
Improvement Association and I'm President of the Northeast Taxpayers
Association. I am appearing here today as a private citizen. I want to
commend you Mr. Mayor and the members of this Commission for permitting Mr.
Knox and Mr. Alvarez to hire an attorney and I certainly want to commend
Mr. Knox and Mr. Alvarez for their excellent choice in this hiring of an
attorney and I know as you know that Mr. Knox is a very confident attorney
and had he had the time to devote to this would have had the job done. But
with the work load put on him by the City Commission with City business and
the constant training program that he has to go through in training new
attorneys, we can readily see why he didn't have time to devote to this, but
we also commend him for his pledge of full cooperation with Mr. Carhart in
his endeavor to do the job and we want to assure Mr. Carhart and Mr. Knox,
that we too, will do everything within our power if it means going from door
to door to canvass to get names, what ever it takes we will cooperate. And
I think with the City Commission's cooperation, the City Attorney's cooperation
and our new attorney Mr. Carhart, our problem will be solved. Now, while
I'm here at the microphone Mr. Knox stated at our last meeting about the
Ordinance that we recently passed and it's been scrutinized by numerous
Municipalities, numerous Cities and numerous Counties and many of these Cities
have adopted that Ordinance, they think it's a terrific Ordinance and so do
we, But there is one other Ordinance that was passed since that time and I
think North Miami Beach and North Miami have adopted our Ordinance, but after
we closed down the thirty-two escort services that were in the Northeast area
North Miami Beach has an influx of these escort services. Now, they passed
an Ordinance up there based on the fact of our Ordinance where when an
applicant makes an application for one of these establishments which comes
under the adult entertainment Ordinance, they must do the same thing that's
required here. They must not only file an application, but an affidavit
swearing to the fact whether or not they've had a conviction in this state
or any other state or have been associated with anyone else in a related
business that's had a conviction. Now, this of course, takes a lot of manpower
hours from the Police Department the investigation that has to go on to
accomplish this. So North Miami Beach passed an Ordinance whereby an
applicant must file an affidavit giving all the pertinent information and
swearing to it, they take their finger prints, these are checked out not only
through their own Police Department, but the FBI. So their Ordinance calls
for a six thousand dollars non-refundable fee that is to accompany this
application. Now, this six thousand dollars not only includes the price of
the license, but it also covers the investigation cost that goes into this
and I asked them how they justify the six thousand dollars and they said
they would be glad to send me a copy of it. They sent me a copy of it
and I had them also send Lt. Fleming of the Vice squad of the City of Miami
a copy and Lt. Fleming has looked this over and he thinks that these figures
are in line, if anything, he thinks it doesn't quite cover all the expenses
that go into it. So I have this here, I only have one copy, but I would
like to present it to you today and you can have other copies printed off
for different members of the Commission and for the City Attorney and look
this over and we hope that this will meet with your standards and that we
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•
will adopt this Ordinance also. Now, I caked to Howard Neu who is
the Councilman for North Miami and he will be the next Mayor as he has
no competition. Howard Neu said that they are adopting the same
Ordinance, but the Mayor of North Miami Beach told me that since this
Ordinance was adopted, they haven't had one single application for anything
related in this kind of business, so if anything else is a deterrent and
then thirty days before the application comes up for renewal they must
go through the same process, they must submit another affidavit, another
six thousand dollars and I said "another six thousand dollars each time?"
he said "yes, do you of one of them that's been in business that has
had at least one conviction during that year that they are in business?"
And so I'm going to submit this to you at this time and I hope you give it
strong consideration. We would like to see that pass here because North
Miami Beach has it, if North Miami has it and I was talking to the Mayor
in Miami Shores the other day and they are going to adopt it, so if all the
other municipalities has the six thousand dollars non-refundable fee that
comes up and we don't we are going to get the applications and they are not
because they are coming where it's going to be the cheapest place. So at
this time Mr. Mayor, I would like to give this to you and we really think
that we just can't thank you enough and we want to know that we appreciate
everything you have done, appreciate everything Mr. Knox as done and that
we will work hand in hand with our new attorney. Thank you.
Mayor Ferre: Mrs. Rockafellar, I'm sure on behalf of all of us in the City
we thank you for your continued concern and not only concern in a passive
way, but in an active way and this community certainly benefits by your
awareness. This Ordinance which I've been handed and which will... I will
now turn over to the City Clerk and ask for him to make copies for all
members of the Commission. George have you received this previously?
Alright, then I think what we need to do is for Mr. Knox to review this
and put it on the agenda for the next Commission Meeting.
Ms. Rockafellar: Mr. Knox might also want to talk to the Clerk of North
Miami Beach, he was a former City Attorney before you became Clerk and he
told me he has researched Ordinances in many different states and many
different counties, he has put a lot of work into this and it might be
helpful George if you would contact him. They said that they would be glad
to cooperate in any way.
Mayor Ferre: Alright, thank you, very much.
Ms. Rockafellar: And thank you so much.
Mrs. Gordon: Mr. Mayor, I would like to make a comment, if I may. I have
your permission?
Mayor Ferre: Yes, of course.
Mrs. Gordon: I would like to address this problem in a... I commend you for
what you are doing, but in an additional compre... in a more comprehensive
fashion to address it from the standpoint of the creation of a special
zoning district for Biscayne Boulevard which would then permit or not permit
certain zoning usage and this vehicle could be done through a special overlay
zoning. I would like to address it in this fashion and I would like to
move that we ask the department, the Planning Department to immediately
begin a procedure that would bring to this body the requirements per Ordinance
changes that would be needed to make possible an overlay zoning for Biscayne
Boulevard.
Mayor Ferre: Alright, we have a motion on the floor.
Mr. Lacasa: Second.
Mayor Ferre: Alright, there is a second on the motion and is there further
discussion on the motion?
Mr. Plummer: Well, let me ask this question. Rose, I want the assurances
now that we have hired outside counsel that he has had the chance to review
and you feel that this is an action which is going in the right direction.
Mayor Ferre: Well, this is a preliminary step, I mean, it's obviously after...
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'APR •1 9 1970
Mrs. Gordon: May I elaborate on my recommendation so that Counsel and anyone
else having any doubts may understand what we are about. We recognize that
a counsel must work within the framework of the law as it exist today. However,
the laws that exist today isn't strict enough to, in my opinion, to give all
teeth that he could use or anyone could use that wishes to clean up this
neighborhood and I believe that this procedure of overlay zoning controlling
devices which we can develop and with Counsel's help with our department develop,
we then have all the teeth that we will need to prevent as well as put out the
fire that's already there.
Mayor Ferre: Alright, are there any further questions on this?
Ms. Rockafellar: I would like to speak to that. I have been promoting this
through the Planning Department, I haven't gotten very far with the special
Ordinance and this is something that we have desired for a long time. You
know, Biscayne Boulevard property is very, very expensive property, it's the
gateway to Miami and we want to get it back to where it was before, where
we have nothing but high type commercial business on the Boulevard and we think
that this will immediately, if this kind of an Ordinance goes through it will
immediately attract new businesses into the area that otherwise won't come into
the area and that we have this Ordinance in many other places in the City.
And I commend you for your motion there Rose, because I think this is long
over due.
Mrs. Gordon: I have to agree with you. And I also believe that with Brickell
Avenue being so completely built up as it is there is going to have to be
another area which can be made available to investors. My opinion is that
Biscayne Boulevard, the gateway to the City is an ideal location and it's
probably the next boom area if we provide the incentives to the investors to
want to come in there.
Ms. Rockafellar: That's right.
Mayor Ferre: Alright, any further discussion?
Mr. Carhart: Mr. Mayor, may I respond to Mr. Plummer?
Mayor Ferre: Yes, of course.
Mr. Carhart: I have not had an opportunity of course, to discuss it with
Mrs. Gordon, but I will be happy to discuss it with the City Attorney and the
City Planning Department and assist them in any way I can.
Mr. Plummer: Well, Mr. Carhart, in no way am I in opposition to the motion
which has been proferred, but I do feel we are hiring you for advice and your
professional opinion and as such I feel that, you know, we look to you now
for advice in this particular area and I would surely want to hear from you
that you feel that this will be helpful to you and detrimental to you in
pursuing that which you are after, that's the only thing I'm trying to say.
Mr. Carhart: I will be prepared to advise the Commission on my position.
Mr. Plummer: Thank you.
Mayor Ferre: Alright, further discussion on the motion as made by Mrs. Gordon,
if not, call the roll.
The following motion was introduced by Commissioner Gordon, who moved its
adoption.
MOTION NO. 79-244
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
REQUEST THE PLANNING DEPARTMENT TO IMMEDIATELY BEGIN A
PROCEDURE THAT WOULD BRING TO THIS BODY THE REQUIREMENTS
FOR ORDINANCE CHANGES THAT WOULD BE NEEDED TO MAKE POSSIBLE
AN OVERLAY ZONING DISTRICT FOR BISCAYNE BOULEVARD.
Upon being seconded by Commissioner Lacasa, the motion was passed and
adopted by the following vote:
AYES: Mrs. Gordon, Mr. Lacasa, Rev. Gibson, Vice -Mayor Plummer and Mayor Ferre.
NOES: None.
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IP
2.1 REQUEST FOR ,....AUTIFICATION OF BISCAYNE BOULEVtucD.
Ms. Rockafellar: Mr. Mayor, may
Mayor Ferre: Of course.
Ms. Rockafellar: May I bring up one other thing. Now, looking over this agenda
today, looking over the agendas as I do... I receive the agenda for the City
Commission every time you have a meeting. With the huge expenditures going
into different areas for beautification for various things and we don't begrudge
that, we think it's nice. But we are wondering if this City Commission... I
have gone through the County and as Father Gibson knows, I'm on the Intergovernmental
Action Committee with him representing the City of Miami on transportation. I
brought it up there and all the results we have had so far is we are going to
get a feasibility study because they say it's a State Highway and I wondered
if you would consider how much it would cost to beautify Biscayne Boulevard.
Now, it's beautified up to 55th Street, but from 55th Street to the City limits
at 87th Street it's a barren desert like place and we wondered if it's at all
possible, if there is anyway the City can come up with enough money to beautify
from 55th Street to 87th Street. It would certainly add an awful lot to that
portion of the City.
Mrs. Gordon: I agree with you totally Grace, that area is a disgrace. Not only
is it not landscaped attractively but that the landscaping that is there it's
totally neglected and it really looks like a ghost town. I would like to ask
Mr. Fosmoen, if I might... Community Development funds provide beautification
for street improvements and landscaping in so many areas of our City. Are
there funds available from Community Development for the beautification of
this area?
Mr. Fosmoen: That portion of Biscayne Boulevard is not within the CD target
area at this point. I think there is some options that are available to us.
You know, we see a lot of work going on in Downtown Coconut Grove which was
a special assessment district and the merchants in that area participated in
that project rather extensively.
Mrs. Gordon: But Dick, you must recognize this is not Coconut Grove, it is
not a booming commercial area, it is at it's low ebb and we need to stimulate
it. I would respectfully urge that if there are funds that can be utilized
from CD, that this be so designated as a special distressed area because it
truly is, it is exactly a distressed area.
Mr. Grassie: The answer that you heard Commissioner was that since it's not
in a target area that's not possible.
Mrs. Gordon: Alright, I hear what you say it's not possible. I see so many
impossible things taking place in this City that I think that if you really
have a desire to do it, it will become possible.
Mayor Ferre: Mr. Grassie, you and I had a pretty good session with Bob Carpin
of the Little River area. He came up with some very positive ideas as to how
to approach these types of problems which had also impacted the area that Mrs.
Rockafellar is talking about because you know, we don't want for a citizen or
somebody to come here with an emotional appeal or a reason to appeal on something
and then we go through to the platitudes of a lot of words and that we... and
we do have good intentions, but somehow good intentions may get lost in the
shuffle of so many priorities that we seem to have and the shifting priorities
depending on some many different circumstances that impact this as we go along.
Now, my question simply is this. Subsequent to that Annette Eisenberg formalized
that in a letter and I sent you a copy if both Mr. Carpin's resolution of his
Committee in Little River and I further sent you a copy of Annette Eisenberg's
letter and in that memorandum I asked you what has happen or what was ha ening
vis-a-vie Carpin's request of the development of the Little River area anti a
plan formed with community neighborhood participation which is really where it's
at and I would like to know where that stands because that might be the vehicle
you see, that we can use... Grace?
Ms. Rockefeller: Mayor, excuse me. The Little River area as a targetted area
stops at the FEC railroad track. It doesn't extend over to Biscayne Boulevard.
Mayor Ferre: Well, I'm completely aware of that. I'm not talking about Little
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1PR 1 9 1979
09
River extending to the Boulevard. I'm talking about the approach to the problem.
You see, if you approach problems by shooting from the hip... now because we are
lucky enough to have somebody like you to come and show interest and we are not
lucky enough to have somebody in Grapeland Heights for example, even though that's
not the case I'm just using that as an example. Then what happens is that some
areas get attention and others don't and I think what we really should do in
getting back to this neighborhood approach that I have had all along and that
hopefully will be implementing one of these months or years, I would hope that
we would approach these thing on a neighborhood basis, because I think the input
of people like yourself into the development and the utilization. Now, what the
Manager is saying is since that particular area that you have mentioned today
is not a target area of CD therefore, we cannot really look at it and use CD
funds. What Mrs. Gordon is saying is "well, if you have solved other problems
why don't you find ways of solving this problem". Well, that's you know, a
sweeping statement which I make too about these things, now that doesn't quite
solve the problem, then we've got to get to the specifics of it. And I would
recommend, again I solicit your answer on where Bob Carpin's recommendation
stands.
Mr. Grassie: Yes, Mr. Mayor. Two things, one I wanted to make sure that we
did not let citizens leave here thinking that there was a panacea solution to
this through CD monies because there isn't. And I think in fairness to them
we need to tell people what the facts are. That does not mean that nothing can
be done and in fact, since that citizen request to your office about a month and
a half ago Mr. Jim Reid who is the Planning Director has been meeting with members
of that community to devise ways of making improvements and I would like for
Jim to comment on that.
Mr. Reid: I would like to make three comments. One is we have met specifically
with Mr. Carpin in response...
Mayor Ferre: I didn't hear that, I'm sorry.
Mr. Reid: We met with Mr. Carpin in response to the letter to he wrote and
then had a second meeting at his request with Mr. Carpin, Ms. Annette Eisenberg
and Mrs. Rockafellar and the outcome of that meeting was an agreement that Mr.
Carpin would come to the City Commission with the proposal that he had in terms
of an approach to unifying the resource of that area and the community interest
around a specific action agenda and how the various groups in that area could
be pull together to deal with issues like revitalization of the Boulevard, like
the community concerns of community standards with respect to pornography and
that kind of thing. So where that is, is Mr. Carpin will probably be, I would
be assuming would be at the next Commission Meeting to make a presentation of
the program. The second thing that we had... and we are also working with him
I might say on a UDAG for the Little River area that he is specifically attempting
to put together. The second thing is that we have initiated a study of group
polls through -out the City and have discovered in this study that the... in
particular the Northeast section and areas around Biscayne Boulevard are
severely affected by the location of group home and treatment facilities. So
we hope to be coming to the Commission with ideas about how we can just really
stop this concentration of group homes in that particular part of the City. The
third thing is that working with the office of Trade and Commerce and City wide
Economic Development monies, we will work on a specific economic revitalization
strategy for Biscayne Boulevard. So there is really three things going on that
relate to the concern expressed here this morning.
Ms. Rockefeller: The bad part of it is Mr. Mayor is that as we pointed out
numberous times, it is the gateway to Miami, people driving in from the North
coming down Route 1 come right through there. Not only is it bad for the merchants
and the people in the community, but it gives the City a bad image. When they
get down 55th Street it's beautiful from there on. We have never been able to
find out who beautified it from there on. You go to the County they say it's the
State, if you go to the State they say it's the County, you come here you say
it's the County or the State and we have never got a definite answer and it's
only a matter from 55th Street to 87th Street, thirty some blocks. And I don't
think it would take too much if you could scrape a little from here, I don't
know how you are going to do it, we are just making the request and hope it's
worked out.
Mr. Grimm: Mr. Mayor?
Mayor Ferre: Yes, Mr. Grimm.
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'APR ! 9 107
Mr. Grim: If I might ad,omething, Mrs. Gordon I didn't, an to interrupt you
but this Commission has peen on record for at least five years with that section
of the Boulevard as one of it's top priorities for rebuilding. I know this
sounds a little bit like passing the buck but may be if Grace Rochafellar and
some of her other people could join with us in helping the County and the State
to put it in the same priority that this City Commission has, that we might
get it completely rebult including beautifications faster than we are so far.
Mrs. Gordon: This decision then would be the DOT's decision? I would so move
that we inform the DOT that it is... the City of Miami Commission feels that
this is an urgent project for the revitalization of this area of the City and
bring it to them that way.
Mayor Ferre: Alright, there is a motion, is there a second?
Mr. Plummer: Second.
Mayor Ferre: Alright, seconded by Commissioner Plummer. Under discussion,
you know we on a yearly basis submit a list to Metropolitan Dade County
where they request that we place the priorities. Now, has that list been
submitted already?
Mr. Grimm: Yes, sir, you did that a month or so ago or two months ago and
that process is now in full bloom and...
Mayor Ferre: Yes. Where on that list is this project, if at all?
Mr. Grimm: It's certainly within the top five.
Mayor Ferre: It's within the top five?
Mr. Grimm: Yes, sir...
Mayor Ferre: So in other words this motion, I think Rose if I may recommend...
Mrs. Gordon: It reinforces it, it just reinforces our previous recommendation.
Mayor Ferre: Yes, but that's... I think what I would like to recommend to
you to consider is, that in your motion you speak to the fact that the City
of Miami has previously gone on record as this being one of our top five
priorities and that we really want to reemphasize how important it is.
Mrs. Cordon: Yes, but if we don't say that it is urgent to the revitalization
they may not think that, you know we are just doing more and saying amen
again. Ok, I will add anything you want in it, but...
Mayor Ferre: No, put the word "urgent" in and if you want... and put primary
in, put all the adjectives on it.
Mrs. Gordon: And revitalization and you know,...
Mayor Ferre: But I think it's important that we show that we have thought
about this before and that this is not something that we are coming out...
Mrs. Gordon: Ok, for the fifth year in a row.
Mayor Ferre: Yes.
Mrs. Gordon: Ok, we will do that.
Ms. Rockafellar: Well, I think we are very fortunate that we have a Mayor
and a City Commission and a City Attorney that is working so closely with
us and we want to say thanks to all of you, we greatly appreciate it.
Mayor Ferre: Alright, thank you Mrs. Rockefeller. Would you call the motion?
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TOR !9 faiN
The following resolution Mac introduced by Commissioner Gordon, who crowd
its adoption:
RESOLUTION NO. 79-245
A RESOLUTION REVISING RESOLUTION NO. 78-46
PASSED AND ADOPTED BY THE CITY COMMISSION ON
JANUARY 24, 1978, WHICH RESOLUTION URGED METRO-
POLITAN DADE COUNTY TO EXPEDITE CONSTRUCTION
OF STREETS WITHIN THE CITY OF MIAMI IN BOTH THE
DECADE OF PROGRESS PROGRAM AND PROGRAMS WHICH
WOULD in INCLUDED BY THE FLORIDA STATE DEPARTMENT
OF TRAN'PORTATION, TO INCLUDE AS AN URGENT REQUEST
BY THE CITY OF MIAMI THAT THE REBUILDING OF
BISCAYNE BOULEVARD FROM NORTHEAST 55TH STREET
TO THE NORTHERN CITY LIMITS OF THE CITY BE
INCLUDED IN CURRENT ROAD PROGRAMS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Vice -Mayor Plummer, the resolution was passed and
adopted by the following vote:
AYES:
NOES: None.
Commissioner Rose Gordon
Commissioner Armando E. Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
FURTHER DISCUSSION:
Mrs. Gordon: Grace, I just want to mention this to you. Grace? As a Realtor
I have told a number of people the greatest buys in Miami are on the Boulevards
up there they better go quickly and start buying now because they are going
to be going up in the near future.
Ms. Rockefeller: One thing I forgot to mention that the Biscayne Federal is
going to do something to celebrate their 25th anniversary. Now, they are
thinking of beautification. Now, it could be that the City Planning Department
could get with the Biscayne Federal and as I understand it, they are going to
spend quite a bit of money and may be that would help and I understand that
the City will plant trees if they get them. You know, if we have trees, I
was told that by the Planning Department. So you might be able to work through
them with that and it might be a big help.
3. CITIZEN PARTICIPATION- Community Development Target Areas -
Discussion of holding of elections.
Mayor Ferre: Alright, thank you, very much Mrs. Rockefeller. Mr. Manager
we are now on Item B and this is a discussion of the participation of holding
of elections of the Miami Community Development Target Areas. Would you give
us a brief history and a rundown and where we are and what you recommend at
this time?
Mr. Grassie: Yes, sir. You remember that the antecedants are that the City ---
Commission took a position the last meeting that we should ask the County
to hold off on the bolding of any neighborhood elections until such'time as
the citizens had a chance to determine what kind of procedures they would like
to adopt and then have the City Commission approve those new procedures.
Now, this was estimated to take approximately a year and it was the suggestion
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1
of the Commission that existing officers of the Neighborhood Association would
stay in place, would retain their positions for this transition one year period.
We consequently asked the County to observe your desires in holding off on having
any elections. Now, we have a response from the County Manager which has been
distributed to you, in that response that County indicates some of the problems
that they see in holding off on elections and in addition to that County response
we have the request of at least two Commissioners that we bring this item up
for discussion again, it is because of that, that it is on your agenda. The
Planning Department... are you going to speak to this?
Mayor Ferre: I'll tell you... alright, I think Mr. Lacasa makes a valid point
that there are a lot of people that are out. I see Mr. Diaz, Mr. Perez Franco.
Mr.Perez Franco,we are now discussing Item B, so would you kindly tell ail o
the people that are out there that are here for that item.
Mr. Grassie: I should indicate Mr. Mayor and members of the City Commission,
that we have for your information a map which does show the CD boundaries and
also the CAA boundaries for election purposes, so that if you have any question
about that Mr. Fosmoen will be able to...
Mayor Ferre: I will tell you, would you go over them A thru G because they
are hard to follow from up here?
Mr. Fosmoen: They are hard to follow from anywhere.
Mayor Ferre: Well,... alright, do your best.
Mr. Fosmoen: By that I meant there is a considerable amount of confusion.
Mayor Ferre: That's putting it mildly.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Part of the confusion that comes here is that the federal
government has two things, one is called the FAA which is the neighborhood...
is that the right initials, I get so confused.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: C? CAA, yes. The CAA is a community action and the other one
is the CD. Now, the confusion is that there are two completely different ways
in which they handle CAA Rose and the way they handle CDs. One way is different
from the other. The County has complete authority on one which is CAA...
Mr. Fosmoen: That's correct.
Mayor Ferre: ... and they decide because they are in the Social Service
business and supposedly we are not, so therefore they are the ones that are
the recipient of the funds and distributors and they get the money and all that.
Now, that system has basically been a board system where there is a board. Now,...
Mr. Fosmoen: County wide.
Mayor Ferre: What?
Mr. Fosmoen: County wide.
Mayor Ferre: County wide. Now', in the CD area the City has funds, as a
matter of fact the City now is beginning to have more funds than Metro and
there is a shifting of who gets the funds. Up until now Metro got the majority
of the funds and the City got very little funds and every year it goes in
reverse so that sooner or later it will be that the City has most of the funds
and Metro has very little funds. Therefore, Metropolitan Dade County on our
behalf has been setting up guidelines and rules which have been followed to
this day. I think it's important however, for members of the Commission and
for members of the public to see the difference between the boundaries of
the CAA and the CD districts because I think there is confusion about it all
the time.
Mr. Fosmoen: A couple of other points Mr. Mayor and you are quite right.
Historically the City has followed the County's lead in citizen participation.
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They had all the marbles in the first three or four years of Community Development
and were in fact calling the shots in the citizen participation process, but that's
changing. And that's why we brought to the Commission at your instigation, at
your initiative a proposal for changing citizen participation structure. Now,
we are dealing with two... in most cases two CP processes in the City of Miami,
there is one exception to that. The areas that are outlined on this map in
yellow and I hope you can see it, are the community development target areas
boundaries. These were originally set-up in 1974 when CD funds were made
available to the City, there were a whole set of criteria used to determine
areas of eligibility were principally based on the federal criteria for City
eligibility.
Mayor Ferre: Who made that decision? Did the City of Miami Commission do
that?
Mr. Fosmoen: City of Miami and Dade County...
Mayor Ferre: Jointly?
Mr. Fosmoen: ... jointly made the decision of establishing the CD target
area.
Mrs. Gordon: What is this easterly line there on the "A"? What is that
street or... "A", at the top. What is the easterly line?
Mr. Fosmoen: Well, I'm sorry. Don't confuse the letter designations with
community development...
Mrs. Gordon: Well, that's close to where I want to get the information, the
east line there.
Mr. Fosmoen: This one?
Mrs. Gordon: At the west, that one.
Mr. Fosmoen: That's the railroad.
Mrs. Gordon: I'll... ok.
Mayor Ferre: That's the railroad?
Mr. Fosmoen: The railroad.
Mayor Ferre: Well, who decided that, that's where it was going to be and
not two blocks over?
Mr. Fosmoen: This Commission.
Mayor Ferre: We voted on it?
Mr. Fosmoen: It's been in place for four years. All of these yellow boundary
areas have been in place for four years.
Mrs. Gordon: Question Dick. How do you change those now? Were they unchangeable?
Are they fixed in stone?
Mr. Fosmoen: No, they are not unchangeable. What I would... if the Commission
wants to reassess the target areas, I would suggest that we take a look at the
criteria that were used four years ago. Now, the...
Mrs. Gordon: I would suggest that in relationship to what we just talked about,
Biscayne Boulevard.
Mr. Fosmoen: The problem is that any kind of reasonable data base that we have
is 1970 census information and we won't have a new census until 1980.
Mayor Ferre: 1981.
Mr. Fosmoen: Well, the information will be 1981. That's the problem, we
have to go back to the same data base that we had in 1974.
Mrs. Gordon: Ok, question to you for information. What are the... you know,
the data base is the population base, economic base and other things?
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Mr. Fosmoen: Social economic characteristics of the area,
Mrs. Gordon: Well,.,. of course, we are almost into the next census,.,
Mr. Fosmoen: I know.
Mrs. Gordon: ... and the economic conditions have changed so radicially
in that Northeast area in the past ten years.
Mr. Fosmoen: They have changed drastically in parts of the City too.,.
Mrs. Gordon: They probably have been greatly upgraded in other areas.
Mr. Fosmoen: Yes. I need to point out something to the Commission about
Community Development Target Areas because in the last four years the Feds
have changed some of the rules of the ball game. When Community Development
first started in 1974 we established these fairly large target areas within
which CD dollars could be spent. What the Feds are saying to us and have
been saying for about a year is City you have to start targeting community
development funds to smaller areas. There is no way with the level of funding
that the City gets that we can solve all of the problems in Little Havana
in three years. What the Feds are saying is you have got to start targeting
and that's what the neighborhood strategy areas are all about. We are
targeting in neighborhoods most of the CD resources.
Mayor Ferre: These are the federal guidelines that now have been super imposed,
so it's not a question of choice.
Mr. Fosmoen: Yes, sir. It's not really a question of choice,...
Mayor Ferre: Well, ok.
Mr. Fosmoen: In fact the Feds in this application are questioning the size of
the Little Havana neighborhood strategy area. They are saying to us, how are
you going to solve the problems in that area in three years. We have to
identify a three year plan and that's what we have don't in these neighborhood
strategy areas for making change. What the Feds found through -out the Country
is some Cities took the whole city as their target area and there was no way
that you saw any impact from community development funds, so they are saying
you have got to target in on smaller areas. But we have kept the CD target
areas for planning purposes and working with the Community Development Task
Forces targetted funds into neighborhood strategy areas, ok?
Mayor Ferre: Ok. Now, would you explain the difference between that and the
CAA target areas and boundaries?
Mr. Fosmoen: Ok.
Mayor Ferre: And then... I will tell you what my question is going to be
so you will be thinking of it. My question after you finish is going to be,
why aren't the districts of the area is the same because it causes and awful
lot of confusion?
Mr. Fosmoen: I can tell you one reason before we even review it and that's
a different set of criteria for eligibility and for the determining the target
area boundary.
Mrs. Gordon: The CAA is targetted more to the human needs of an area which
are for the low income poverty level, below poverty level people, that's
the difference.
Mayor Ferre: Did we have anything to do with that decision?
Mr. Fosmoen: No.
Mrs. Gordon: No. I worked on the CAA for five years as an appointee from
this Commission, so I'm quite familiar with their requirements.
Mayor Ferre: So in other words we didn't get to vote on this, on the target
areas?
Mrs. Gordon: No,... well, this we did, but not the CAA.
gl 1J *DR 19 1911
1
Mr. Fosmoen: This you established, but not CAA.
Mayor Ferre: Ok.
Mr. Fosmoen: Let me just run through these. Edison Little River, Model Cities
which overlaps almost two thirds of the Model Cities Community Development
Target Area is in Dade County.
Mayor Ferre: Well, the Model Cities...
Mr. Fosmoen: Community development target area, this is the City boundary right
here and almost two thirds of the CD target area is in Dade County. Now, we
simply followed the historic lines of the Model Cities program in setting up
this target area.
Mayor Ferre: That's always been the Model Cities target area?
Mr. Fosmoen: Yes, sir. But what you have are residents living in Dade County
making decisions about the City and residents living in the City making decision
about Dade County funding allocations.
Mayor Ferre: See Dade County of course, has no problems with that we are the
ones that end up having the problems.
Mrs. Gordon: But isn't it true that the most depressed area, because that's
where you have the neighborhood strategy area, is in the City? The real
serious problem area is right there.
Mr. Fosmoen: Oh, there is no question about that, but the City has also...
I mean the County is also targetting in other parts of the County in geographic
areas, you know, about this size. Allapattah is a fairly large target area,
but that also overlaps into Dade County around the Jai Alai Fronton.
Wynwood is totally within the City, Culmer is totally within the City, Downtown
is a target area and Little Havana is a target area. The other area... I'm
sorry, Edison Little River also overlaps in this corner in Dade County.
Mayor Ferre: How much? Well, that's very little.
Mr. Fosmoen: Right here. Yes, sir.
Mayor Ferre: So in effect...
Mr. Fosmoen: One other...
Mayor Ferre: Father the only place that we have a problem of overlapping, a
big problem, is in the Model City area.
Mr. Plummer: It's always been a problem.
Mr. Fosmoen: Coconut Grove overlaps into Coral Gables, it's a very small
area.
Mayor Ferre: But that's a small little piece of Coral Gables and Edison is
a very small little piece of the County, but in the Model City area even
though I think what Commissioner Gordon pointed out is a very important
point and that is the majority of the problem areas are within the City
boundaries.
Mr. Fosmoen: Ok, let me go to the CAA boundaries.
Mayor Ferre: You got to have X-ray vision to see that.
Mr. Fosmoen: You are going to have to have X-ray vision. I will try and
point out the differences. We have four overlays on here the green lines,
the dark green lines represent the CAA boundaries, so within Model Cities
we have two CAA areas. One in the North part, Liberty City, one in the
South part, Brownsville. There are two areas, two boards so in fact you have
in Model Cities three citizen participation processes going on. One Community
Development where the Chair -person is elected by an election held target area
wide and then you have two boards that are also electoral processes within
the same Community Development target area. The Edison Little River CAA
boundary does not cover all of the CD target area boundary, for instance,
this little corner just North of 395 it also extends out into Dade County, so
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you have two boards in place in Edison Little River or two electoral processes.
One for a board comprised of approximately fifteen or twenty persons and the
other a Chair -person elected within this area and a Vice -chairperson. The
The Wynwood target area for CAA is not the same as the Wynwood target area
for CD, this corner is missing.
Mayor Ferre:
Mr. Fosmoen:
Mayor Ferre:
This corner is missing for CAA?
For CAA.
What is the electoral procedure there?
Mr. Fosmoen: Again, you have in Wynwood a board for CAA purposes and an
elected Chair -person for CD purposes who is no longer in the City.
Mayor Ferre: Since I'm a little bit confused on this, would you tell me
how is the board of CAA elected and how does it function? Would you...
Mr. Fosmoen: Ok. The requirements of the Federal Government are in dealing
with the software programs, the social programs that are funded through a
channeled through CAA there is a overall County wide Board and that makes
recommendations to the County Commission.
Mayor Ferre:
Mrs. Gordon:
Mayor Ferre:
Mrs. Gordon:
Mayor Ferre:
That's the one that Harry King was Chairman of and that...
And that's the one I served on Maurice.
... now Armesto is the...
And he serves now, since 1977. Right, Father?
How many people serve on that?
Mrs. Gordon: Oh, about forty some odd people.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: And you were Vice-chairman and you are a Acting Chairman now?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre:
Rev. Gibson:
Mayor Ferre:
Mr. Fosmoen:
Mrs. Gordon:
Mayor Ferre:
Mr. Fosmoen:
that overall
governmental
Mrs. Gordon:
process that
Mr. Fosmoen:
third...
Mayor Ferre:
Secretary of
Mr. Fosmoen:
Mayor Ferre:
Mr. Fosmoen:
Mayor Ferre:
Mr. Fosmoen:
Oh, you and Gibson are Acting Vice-chairman?
No, we are the Vice -chairpersons.
Vice -chairpersons, ok. Ok, I got it.
Alright, the Feds require in...
You guys have really learned your lesson.
The fifth what?
The Feds. The Federal government requires for CAA purpose that,
coordinating board be comprised of one third poor, one third
officials and one third general citizens... elected officials.
There is an economic level involved in the board selection
it must be a certain amount of low income people.
One third, one third, one third. One third public sector, one
Who then selects the President, the Vice-president and the
each one of those boards?
Of the overall board.
No, no, no.
Ok, of each of the boards?
I'm talking about... let's take Wynwood.
Alright.
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Tap 4 g tg'1�
Mayor Ferre: Alright, I belong to the CAA Board in Wynwood.
Mr. Fosmoen: You are elected?
Mayor Ferre: Alright, how does the President get elected in Wynwood?
Mr. Fosmoen: There are elections held with target area wide people run from
the target area and there are some where between fifteen and thirty-three
people who run to a board and then that board selects their Chair -person.
Mayor Ferre: The Board selects the Chair -person?
Mr. Fosmoen: Yes.
Mayor Ferre: So that the Board has a mixed composition so that there is
representation from all segments.
Mr. Fosmoen: That's correct.
Mayor Ferre: So that there is one third for and one third elected and one
third otherwise.
Mr. Fosmoen: No. Now, those elections at the target area level are... do not
require the one third, one third, one third split, ok.
Mayor Ferre: I see, ok.
Mrs. Gordon: But they do require the economic characteristics of the neighborhood
to be represented on those board elections.
Mr. Fosmoen: Yes.
Mayor Ferre: You see, that's a very important point and the question is
how is that insured?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mrs. Gordon: No, the criteria or the guidelines that are set up require that
the applicants, the candidates fill a certain qualification characteristics.
Mr. Fosmoen: Yes, and there is also an assumption Mr. Mayor.
Rev. Gibson: No, no, the characteristics are found in the board that I sit
on. The other people you have to live in a boundary.
Mayor Ferre: That's the only requirement?
Rev. Gibson: That's the only requirement and then it's who ever wins let him
come, that's what that is.
Mr. Fosmoen: No, if I...
Rev. Gibson: Yes it is.
Mr. Fosmoen: If I may Commissioner. In order to be on the board in Wynwood
you have to either live in the area...
Rev. Gibson: Right.
Mr. Fosmoen: ... own property in the area, work in the area or run a business
in the area.
Rev. Gibson: Right.
Mr. Fosmoen: Those are four criteria, then you are eligible to vote and
you are eligible to serve on a board.
Mrs. Gordon: Isn't there also additional criteria that a certain number of
those persons elected most fit other criteria?
Mr. Fosmoen: Not that I'm aware Commissioner.
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(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Mr. Armesto, I will recognize you just for a brief moment since
you are the Vice -chairperson... I got that right this time.
Mr. Armesto: Mrs. Gordon is right and Father Gibson is right, both are right.
The board is composed in the Wynwood, Little Havana and all target areas the
same way. The way is the following, to be elected to the board of fifteen
or twenty-one or thirty-five whatever the amount is. Sixty percent of the
board is elected by the will of the people and that sixty percent when they
are elected, they elect the Chairman, the Vice-chairman, the Treasurer, the
Secretary and two Vice -Chairmen.... I mean one Chairman and two Vice-chairman,
one Secretary and one Treasurer...
Mayor Ferre: In each area?
Mr. Armesto: In each area and then those sixty percent... in the case of
Wynwood specifically is fifteen people. The nine people who compose the
sixty percent, they gather together, they elect their own officer and afterwards
they elect the other forty percent.
Mayor Ferre: No, no they select.
Mr. Armesto: They select the other forty percent and that forty percent is
they one that needs the Mrs. Gordon criteria.
Mrs. Gordon: The economic level.
Mayor Ferre: Ok.
Mr. Armesto: That forty percent has to come one third from public poverty level
one third from the youth and old people of the area...
Mayor Ferre: Because that's the way of balancing these communities and even
though this is not the time, let me just share with the Commission my personal
thoughts after having listened to all this for a long time in the past couple
of weeks. I think that, that's the kind of an approach, this is my personal
view that we should take in the CD areas and we will get into that in a little
while I'm sure.
Mr. Fosmoen: Ok. The next... if you can see this again. The next CAA target
area is Culmer and in fact Culmer includes all of downtown for CAA purposes.
We have an overlap in this case of two CD target areas covered by the Culmer
CAA target area. Little Havana target area is about the same for CAA and CD
purposes with the exception of this area and this area which are added for CAA
purposes. Now, Coconut Grove is I guess the most interesting case...
Mayor Ferre: Coconut Grove?
Mr. Fosmoen: A couple of years ago the County... I wanted to focus on Coconut
Grove just for a moment. A couple of years ago the County gave CAA who runs
the citizens participation process, gave communities and gave targets areas
an option of merging the CAA Board and the CD Board or the CAA process and that
did occur in Coconut Grove. You have one board elected covering both CAA issues
and CD issues. Now, there is a slight difference in the target area boundaries...
Mayor Ferre: Now, how is that resolved?
Mr. Fosmoen: People living within the CD boundary vote on CD issues, if they
live outside of the CD boundary they don't vote on CD issues, but you have the
same board covering all of the issues in that community and it's... my experience
is it's working quite well.
Mrs. Gordon: But Dick? But here is your problem in that approach and I worked
on the CAA when that was taking place, on the Committee that dealt with the
issue of trying to merge those two separate boards and It was an impossible
task and other target areas, we couldn't accomplish it. But the real problem
is in the CD funding allocations. People who not necessarily live in the
target area have a very big stake involved in what happens there. They are
people that own business property, they have their businesses there, they
work there, they are as deep... may be more involved than some of people who
live there because they go to work someplace else, may be Hialeah or South
Dade or some other place, so I can't find it a reasonable approach to compare
on a hundred percent comparative value CD and CAA, it isn't too comparable.
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1PR 1 9 1979'
Mr. Fosmoen: But in order... the guidelines are approximately the same
Commissioner for eligibility to vote. Under CD you live, you work, you own
property in the area.
Mayor Ferre: Same guidelines.
Mr. Fosmoen: Same guidelines for eligibility to vote and eligibility to
serve as Chairperson.
Mayor Ferre: And I don't think anybody is proposing to change that...
Mr. Fosmoen: Well, the only one that I have a problem with Mr. Mayor, very
frankly is the work.
Mayor Ferre: The what?
Mr. Fosmoen: The work criteria. I have no problem with living in the area
or with owning property in the area or owning a business, but simply coming
into an area for eight hours a day, you know, you sit in a factory or in
a store, you work and you go home at night...
Mayor Ferre: Well, aren't we bound by that with federal guidelines?
Mr. Fosmoen: No, no sir. No, sir that is a CAA established criteria. There
are a number of communities around the Country who only permit...
Mayor Ferre: Well, wait a minute, you got me... we have nothing to do with
CAA.
Rev. Gibson: Yes, but...
Mr. Fosmoen: But that's the guidelines under which we are operating, both
CD...
Mayor Ferre: For CD?
Mr. Fosmoen: For CD.
Mayor Ferre: Oh, I see.
Mr. Fosmoen: There are a number of communities around the Country who only
permit residents to vote.
Mayor Ferre: I see.
Mrs. Gordon: But Dick, it's of democracy and if people who come into an
area five days a week for eight hours a day to have that part of their life
being spent in that community, I don't see that we should try to change
the guidelines from that level either.
Rev. Gibson: But they exercise that privilege two different places if you
are not careful.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Rev. Gibson: Right.
Mayor Ferre: But for example, I think I agree with Rose because that's the
same kind of an argument for example, that I would use on people that live
outside of the City of Miami using City property such as the Outboard Motor
Club in Watson Island. I think you are right, I think if... that if sometimes
people that live outside of the City have got certain rights to use and
utilize the services of the City.
Mr. Armesto: Mr. Mayor?
Mrs. Gordon: But we are talking about two separate issues, one is a financial
contribution on the part of those people relationship to the Yacht Clubs there
is a different issue subsidizing their pleasure and here we are not talking
about subsidizing pleasure at all.
gi
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Mr. Armesto: Mr. Mayor, I tell you why it was that way at the beginning, the
reason why. The reason why it is because CD... the goals and the reason of
CD existence is completely different than the CAA. The CAA is a social service
delivery agency,...
Rev. Gibson: Right.
Mr. Armesto: ... it's an agency to deliver social service and because of that
the CAA require... allows the four different types, the people who work there
who can receive social service in the area, the people who live there who could
receive social service in the area, the people owns property or business there,
but the CD purpose, the goals of CD is different than those one of Community
Action Agency. Since the CAA provides a social service, it's a different
category of requirements rather than a CD who does not provide social services.
Mr. Fosmoen: But, you know, I guess I have to point out that we do provide
social services through Community Development. Approximately five percent of
the CD budget goes to social services within target areas.
Rev. Gibson: But the difference is that's incidental.
Mr. Armesto: Right.
Mr. Fosmoen: It is incidental, but...
Rev. Gibson: While it's necessary it's incidental. The other is not incidental,
meaning with CD that's... you may get it or you may not get it, but you are
talking about development with CD and the main portion of that thing is how
do we develop? The other is we want these social services now, that's the
difference.
Mr. Fosmoen: I understand.
Rev. Gibson: And you know, let me say this. It has nothing to do with this
issue. You will be facing the same issue with another thing that's coming
up today and I keep saying to you all that, that you all, the same thing
is going to happen mark my word.
Mr. Armesto: From my own knowledge, the amount of money that the
Community Action Agency is spending in social service within the limits of
the City of Miami, within the limits of the City of Miami not County wide
is about four million dollars a year. County wide is about ten and a half
close to eleven million dollars a year from those four million as spent within
the limits of the City of Miami is a hundred percent budget for social services
instead of five percent budget for social services.
Mr. Fosmoen: Ok, I guess my only point Commissioner is that there is some
overlapping and of course, in order to address the real needs of a neighborhood,
you can't separate the social needs from the physical needs which is what
occurs under the current structure. You may have in CD a Subcommittee dealing
with housing, you are going to have a Subcommittee in CAA also dealing with
housing. There is a great deal of duplication that goes on. You know, the
CAA Board may identify a need for Day Care, it's possible to provide Day
Care out of CD, if that's a real need of that neighborhood.
Mrs. Gordon: Ok.
Mr. Fosmoen: But never between meet except in Coconut Grove.
Mrs. Gordon: Yes, but I'm not agreeing with you on this score that more input
is bad input because I believe that although you brought a little example
up about Day Care and I don't consider that a true example of the situation.
Nevertheless, the two boards, the composition, the interest, the responsibilities
everything related to it are too widely separated. Your CD concerns are more
with the capital improvements and that takes a different interest in people,
that takes a different expertise in people than those people who are dealing
with the physical needs of the community's population.
Mr. Fosmoen: Ok. We are probably about three months ahead of ourselves
because I am not advocating a CP process at this point. I recall... I think
where we started out...
Mrs. Gordon: You are not asking for a merger?
gi
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Mr. Fosmoen: No, I'm not.
Mrs. Gordon: Ok.
Mr. Fosmoen: Because you will recall that we suggested to this Commission
the last time we talked about citizen participation, that a structure that
is imposed from the top and experienced across the Country suggests that, that
structure is going to fail. Until you go out into the community and find out
what kind of system is desired and build that system from the bottom up you
are going to have a problem. That was... you know, that was our bottom line
and that's why we suggested a series of neighborhood meetings. Let me make one
other point Mr. Mayor and then I will sit down.
Mayor Ferre: Well, let's see if we can get... if we can start synthesizing
so the Commission understands what the heck is going on and where we are and
so on.
Mr. Fosmoen: I'm going to add to the confusion for a moment rather than
synthesizing it. The brown areas also have citizen participation processes
in place. That's our Great Neighborhoods Program. There are Chairpersons
in these area and their efforts are directed at the improvements of those
target areas.
Mayor Ferre: And they are separate from the CD and the CAA ...
Mr. Fosmoen: And those are separate from CD, separate CAA...
Mayor Ferre: They are not. Well, she is shaking her head. Now, what's that
mean?
Mr. Fosmoen: Alright, they feed into it, but they are separately established.
Mrs. Gordon: They are task forces. They are task forces.
Mr. Fosmoen: For those target neighborhoods.
Mrs. Gordon: To deal with specific problems that are being addressed.
Mr. Fosmoen: Housing, street improvements, some social services...
Mrs. Gordon: Yes,...
Mayor Ferre: Well, let's take the Allapattah area which... let's say is...
who is the Chairman today of the Allapattah CD area?
Mr. Fosmoen: Mr. Urra
Mayor Ferre: Huh?
Mr. Fosmoen: Mr. Urra
Mayor Ferre: Alright, who is the Chairman of the Allapattah
CAA area, doesn anybody know?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Mr. Hernandez
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Alright, now who is the Chairman of the Great Neighborhoods
Committee or whatever it's called?
Mr. Fosmoen: I'm trying to get a name for you.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Great Neighborhoods, that brown area within Allapattah.
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'APR 1 9 19n
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Who?
Mr. Fosmoen: Yvonne Garcia.
Mayor Ferre: Yvonne Garcia.
Mrs. Gordon: Is he here?
Mayor Ferre: Is he here?
Mr. Fosmoen: She.
Mayor Ferre: She? Oh, Yvonne, I'm sorry.
Mrs. Gordon: Oh, Yvonne. I thought you said Juan.
Mayor Ferre: Yvonne Garcia is the Chairman of the Neighborhoods, Urra is
the Chairman of the CD and Hernandez is the Cnairman of the CAA all within the
Allapattah.
Mr. Fosmoen: And all elected differently.
Mayor Ferre: Well, ok.
Mrs. Gordon: So what's your problem?
Mayor Ferre: I have no problem, just to understand it, I just want to
understand it.
Mr. Fosmoen: I'm done. I don't have any answers.
Mayor Ferre: Alright, now what are you recommending... first of all explain
to the Commission and to the members of the public here. How did we come
about voting the last time as we did to postpone the elections?
Mr. Fosmoen: You will remember,... I think it was two months ago this Commission
said to the Administration "tell us how we get broader participation, tell us
how to achieve participatory democracy through -out the community". We came
back with a series of examples of how citizen participation could be structured
you know, we looked at Washington D.C. and we looked at Portland Oregon and
we looked at Columbus, Ohio and a few other communities, showed you how those
are structured, but in each case when those communities had tried to impose
the system from the top when neither the administration or the City Commission
said this is the way it's going to be, it had failed. What we suggested to
you was that we hold a series of neighborhood meetings, six of them in May,
June, July, come back to this Commission in August or in September, October
and recommend a City wide system of citizen participation.
Mayor Ferre: To overlap, coincide, be separate from?
Mr. Fosmoen: To try and pull this... to pull the, you know, the confusion
on this map Mr. Mayor is that represents part of the citizen participations
going on in Miami. There is overlapping, there is duplication, you know, you
have got staff running around to different meetings, people talking about the
same issues at different meetings.
Mrs. Gordon: One of things that you need to establish is what you are trying
to accomplish by that request that you received. What was the goal and the
objective? Do you know what it is? I'm not sure I know.
Mr. Fosmoen: The direction from the Commission?
Mrs. Gordon: Yes, I'm talking about that statement you just made.
Mr. Fosmoen: Ok, if we look at the part of the City that is covered with
either green lines or yellow lines for CD and CAA purposes and that our
principle vehicle for communicating with the citizens of this community. There
are larger areas of the City that are left out. There is no mechanism...
Mayor Ferre: Like Grace Rockafellar's point and your point...
Mrs. Gordon: That won't be tackled or covered by the CD election process.
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Mr. Fosmoen: It may not be covered by CD, but at least there will be a structure
in place based on what the citizens tell us, a structure in place that this
Commission can communicate with. It will provide a focus for residents to
bring their issues to this Commission.
Mrs. Gordon: Isn't it true that most neighborhoods have a civic organization
that very well take care of the communication for that community like Grace's...
communication from the Northeast section and the Allapattah section and the
Grapeland Heights section and the Flagler Granada section. The civic organizations
are effective public... are citizen vehicles for communication. It's almost
like we are trying to reinvent the wheel, ok.
Mr. Fosmoen: Well, there is no system for communicating with them, with those
organiz...
Mrs. Gordon: Why not?
Mr. Fosmoen: A, we don't have the staff to do it, B, who do we communicate
with when you have overlapping associations?
Mayor Ferre: Well, what are you recommending now?
Mr. Fosmoen: You will recall that several Commissioners asked that this be
brought and we are also responding to the letter from Merritt Stierheim. We
find that there are two target areas without Chairpersons.
Mayor Ferre: What target areas are they?
Mr. Fosmoen: My memorandum said Little Havana Mr. Mayor, it's Edison Little
River and Wynwood.
Mayor Ferre: Edison? Well, I thought... Luis are you the Chairman at this
point?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mrs. Gordon: Which one?
Mayor Ferre: Well, what... this is Wynwood. What are you shaking your head
about? Use the microphone so we can all here you.
Ms. Spillman: I'm sorry... I understand... CAA informed me that Mr. Diaz
was not eligible to serve as Chairman because he didn't meet the requirements.
I don't know if that's true. Live, work, or own property I guess.
Mr. Diaz: First of all I was not informed by any department that I was not
eligible. First I think if the CAA had that knowledge, they are supposed to contact
me and find out if I had that,..
Ms. Spillman: Sure.
Mr. Diaz: But since that has not happened, until right now I'm the Vice -Chairman
of that area, for that instance I represent that area.
Ms. Spillman: If it's a question we would have to talk to CAA about it I...
Mrs. Gordon: Mr. Mayor, I think we could cut through a... and save ourselves
a lot of time if we just do what we... what I asked the Manager to put this
on the agenda for and that was to reconsider the postponement of the elections
and I would so move the reconsideration now.
Mr. Lacasa: Mr. Mayor?
Mayor Ferre: Alright, way a moment. I would... I will ask for a second for
discussion purposes.
Mr. Lacasa: I will second that motion.
Mayor Ferre: Alright, now under discussion. I think that you did not permit
Mrs. Gordon, the other... there are a lot of people that want to say something
about that including myself and that's alright because we have the opportunity
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APR 1 9 fax
now under discussion. Now, I'm not going to preempt members of the public
from talking even though a motion has been made and seconded.
Mrs. Gordon: Well, now we have a subject to talk on.
Mr. Lacasa: I second the motion for the purpose of discussion because I do
feel that we have a long discussion on this subject before the City Commission
could be ready to vote, but before entering into this discussion I want here
to publicly apologize as a member of this Commission today for some insulting
remarks made by a member of this Commission, Commissioner Rose Gordon on Channel
10 last Thursday. A notation of a meeting informal reunion conducted in this
Chamber in open doors where I either invited some members of the Latin Community
to have an exchange of opinions about this subject questions were raised about
how proper the meeting was. I do not intend to discuss that today. However,
at that meeting there were elected Chairperson of Little Havana Mrs. Ana Cofino...
Mayor Ferre: Who is here today.
Mr. Lacasa: Who is here today. The elected Chairperson of Allapattah Mr.
Orlando Urra,...
Mayor Ferre: Who is here today.
Mr. Lacasa: ... the Acting Chairperson of Wynwood Mr. Luis Diaz, other
people such as, the past President of the Brigade 2506, Mr. Juan
Perez Franco, the past President of the Latin Chamber of Commerce Mr. Luis
Sabines, and so forth. All in all there were about twenty to twenty-five
persons, all well known for their involvement in this community affairs and
who were here because they wanted to give to me some input about their feelings
on this very sensitive issue. Most of those feelings were in a position to
what this Commission was considering. In those remarks made on Channel 10
T.V. Commissioner Gordon said that these people were political cronies of
the Mayor and myself. I feel that, that is an insulting remark and even though
I did not make that remark, as a member of this Commission I want to apologize
to the people that were here devoting their time to a community affair and that
were so insulted. And furthermore, I quite frankly say that I resent such
remarks because they do contribute to jeopardize the image of the Latin
community in this area.
Mrs. Gordon: Mr. Mayor,...
Mayor Ferre: Mrs. Gordon?
Mrs. Gordon: ... since Mr. Lacasa's feelings are so terribly hurt I wonder
whether he ever stopped to realize that we are as interested in the Latin
community as he is, that the people of the Latin community are a part of the
people of the City of Miami, they are not separate and apart. I have no
intention of dividing this community, apparently he does. I would like to
ask you Mr. Lacasa since you felt that you had a public meeting, I'm curious
to understand why it was conducted in Spanish and not in English and Spanish.
Mayor Ferre: Alright, I'm going to let this go on for five or ten minutes.
I would hope...
Mrs. Gordon: Unnecessary Maurice, it's just that it's a curiosity if it's a
public meeting that was done in a language that a lot of us would like to
understand, but have not had the opportunity nor the time to become totally
fluent in it. It's a beautiful language, I love it. A lot of people like
it, but we would also like to hear it in English.
Mayor Ferre: Mrs. Gordon, since these remarks on both sides are personal
in nature, I think you are both entitled to have your say. I would hope
that once that's done, that we could get on with the business before us today.
Mr. Lacasa: It seems to me that for a person that has been in the City
Commission for as many years as Mrs. Gordon has been and has had the opportunity
to see and to know many of the Latin members of this community that are involved
in City affairs and knows for a fact that some of them do not speak English
and knows for a fact that some of these technical aspects such as the ones
that were being discussed and explained today by Mr. Fosmoen, requires pretty
good understanding so the people know what they want, what they need and how
to vote and take a position on those subjects. Well, frankly I am very surprised
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APR 1 9 1975c
4
that after so many years Mrs. Gordon does not understand the need for these
specifics to be explained in Spanish to those that are not fortunate enough
to be fluently bi-lingual in both languages. And I for one feel that unless
these people are pretty well informed and I submit to you Mr. Mayor and members
of this Commission, that some of the people here in this room today, that have
heard and listened to the presentation made by Mr. Fosmoen have not been able
to really comprehend the whole scope of it due to the language barrier. And
this was the only reason that moved me to have this changed in Spanish.
(COMMENT INAUDIBLE)
Mr. Lacasa: But the question here quite frankly and I don't intend to discuss
the meeting itself, my only point is that I sincerely apologize to those that
were the subject of those insulting remarks of calling "you people, political
cronies".
Mrs. Gordon: But Lacasa you never answered why you didn't conduct that in two
languages.
Mr. Lacasa: I did not interrupt you while you were talking Mrs. Gordon, I
request the same courtesy be extended to me Mr. Mayor. I request that you
protect my rights to speak without being interrupted.
Mayor Ferre: Alright, go ahead finish your statement.
Mr. Lacasa: So that is all I have to say.
Mrs. Gordon: Some of the same people are here today Mr. Lacasa may be they
are not understanding you today why don't you repeat in Spanish and give them
the privilege of knowing what you are saying.
Mr. Lacasa: With your permission Mr. Mayor.
Mayor Ferre: You go right ahead.
Mr. Lacasa: (EXPLAINS IN ESPANOL).
Mrs. Gordon: Mr. Mayor?
Mayor Ferre: Alright, Mrs. Gordon do you have anything further on the subject.
Mrs. Gordon: Yes, I most certainly do sir, since the subject...
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Alright, sir we are in the middle of a session.
Mrs. Gordon: Yes, sir. You see, Mr. Lacasa is trying to again be divisive of
the... in this community and not only between the Anglos and the Latins, but
between the Latins and the Latins because if he truly was interested in the
Latin point of view he would have had a public hearing, he would have had a
public hearing, he would have a bi-lingual interpreter here, would have called
all the Latin people and all the Anglo people who wished to be present into the
same audience and would have done it in a truly... in a sunshine manner. This
was not done. This was a subject relating to the allocation and of future
planning for federal funding. This in my opinion are among the many reasons
why Mr. Lacasa certainly should be apologizing not only to the people for
being tagged inviting certain cronies which I don't think he can dispute. The
word "crony" is not a bad term it's a connotation of friends, particular close
friends who see eye to eye on particular issues such as politics. I think I
have said about all I want to say, the rest will be heard in some other audience
I'm sure at some near future time.
Mayor Ferre: Alright, is there any further on this personal matter. I for one
would like to say Mr. Urra... Urra? Now, I only have one comment. I'm very
happy to be considered a political friend and a crony of twenty-five distinguished
Cuban Americans and Latins in the community that were present here including
the Chairman of three groups. I'm not going to make any further comment because
we could spend all day here discussing the merits and the demerits of things
and I don't think we need to that at this point. I think we have a motion on
the floor and we should really concentrate on the thrust of that motion and
I would like to explain, if I may, my position and how I see this as to where
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APR 1 9 197,
we stand. Let me start by saying and if anybody doesn't understand it I
will say it in Spanish. (EXPLAINS IN ESPANOL). Alright, Mr. Manager in
my case I won't need and interpreter, but would you get somebody ready
to interpret in case anybody wants to make other comments and that it might
be needed. I would like to start this way. This thought of going to a board
did not originate with me, it is not my original thought. This thought began
three years ago at a meeting in Little Havana with Dr. Justo Regalado who
complained about the fact that he had no opportunity to be a part of the
system in which he was affected and he wanted to have the opportunity to be
heard. And so therefore he petitioned us to go to a board. Mr. Carlos
Rodriguez Quesada who is also here today then came in subsequent to that and
came up with the same idea that he thought it was unfair for one person to
be the only voice of any particular area and that he was in favor of a
community type of an approach to problems, that he didn't want anymore dictators
or little Ceasars or people imposing their will on anybody. This was not an
allegation against Mr. Urra or Mr. Lacasa who was then the President of those
CD districts or anybody else. It was a thought that a better system would be
had if there was a community involvement.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Let me finish and then I will recognize you.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: No, sir let me... I will make my statement in Spanish in a moment.
Subsequent to that there was a move that was started by Mr. Eladio Armesto who
is here and he took it upon himself to write a letter and that letter was
delivered, I guess it was delivered to me, I don't know who else you delivered
it to whether you gave it to all members of the Commission. And in that letter
you had the names of people like Leslie Pantin, Albertini, Albo, Acevedo, Armesto
Luis Sabines, Urra, Seferino Rodriguez, Dr. Justo Regalado, Dr. Jucelo, Fernando
Puig, Humberto Hernandez, Jack Alfonso and many other people representing the
community. And what this letter says as I understand it in simple words is,
that it is now time to go to a community approach, to a board approach to CD
rather than a direct approach. Now, we have since received a letter from the
Metropolitan Dade County Manager, Mr. Stierheim dated April loth in which that
letter says "Cancellation of the elections puts Dade and Miami in non-conformance
and so on. And Coconut Grove has merged with CD and there are two target areas
that don't have leadership and therefore they want to proceed with the election".
Now, I have no problems with most of that except this. If you noticed this is
the guideline, this is the constitution, these are the rules that govern CD.
It says "Citizen participation plan in Metropolitan Dade County and the City
of Miami". Now, this was brought before the County Commission and voted on the
ninth day January of this year. Now, I ask you what right does the County
Commission have to super impose on the City of Miami guides and regulations on
a City Board. Now, the County Commission didn't come down here and say this
is what we want to do, would you concur with us? No, no, they passed a
resolution and they sent it to us and they said that's it, now you do that and
here they are. Now, let me read to you from page three, if I may of that
document and it starts on page two. It says "The neighborhood form is an open
highly participatory structure, any eligible person attending or advertising
public needs may participate. Participation is thus opened to all eligible
persons who attend each meeting. The neighborhood form is headed by a Chairperson
and a Vice -chairperson elected at a public election meeting. A neighborhood
forum may also have a Secretary which may be elected or appointed". Now, then
it goes on at the top of page three and this is the Metro Ordinance that was
passed. It reads like this... this is the memorandum from Metro. "An alternative
structure the Advisory Committee consist of the election of a member... of a
number of eligible persons to represent the target areas and vote on issues at
public meetings." Then again it says "All eligible persons may participate and
so on. Only the Advisory Board may vote on all recommended actions Subcommittees
may be formed to study specific issues and make recommendations". Now, in other
words the Metro guidelines that exist, even though we didn't vote upon them
permit two alternative. One, the direct selection of the President or two, the
selection of a Board. Now, let's talk about the different systems. I see that
Pat Keller and her friend are here today and we are always happy to see you, even
though sometimes we are not in agreement. I think that Pat keller and here
people are entitled to have a voice in Allapattah. I think you are... that is
your right. You are denied that right if you go though a process Pat where a
President is elected because that... you don't have enough votes to get a
President elected. However, if we go to a Board you would have the opportunity
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APR i 9 19t
by selective voting on cumulative basis the way they do it in Hialeah to
get sufficient votes for your candidates... do you follow me?, that if you
have a fifteen person board you would be represented which you are not at this
point. And with all due respects I don't mean to make a derogatory remark
towards anybody, but the fact is that your voice is not there except in
protest. The same thing is true in the Wynwood area. Now, I am tired for one
of seeing the disruptions between the Puerto Rican groups, the Hondurans, the
Haitian and the Cuban Americans about who is going to control Wynwood.
Then you get into these direct confrontations between Mendez and Diaz and the
end result is that they don't speak to each other for year and they don't
function as a community. Now, what then if that is the problem is the solution.
The solution my friends is that if we go to a board system and you do it by
accumulation, then each one of your particular groups like Pat Keller's can go
in and get a hundred or two or three hundred people to vote for their candidates,
therefore giving them representation on the board, see and that way you would
have full community participation. That would be the way in Wynwood where the
Hondurans could have a voice, where the Haitans could have a voice, where
the Puerto xicans could have a voice. Now, Obviously the person that gets the
most votes is the person that's going to have the most representation, that
you cannot stop. That's the Democratic process. Obviously, if there are more
Puerto Ricans or more Haitian in Wynwood, they will end up having the majority
of the voices. Now, one last subject. There is the question as to the Macho
approach, who is going to be the King, ok. I want to go against you and I'm
going to prove that I've got the muscles and I'm going to get my people to
oppose your people and we are going to get four thousand people out and win,
we are going to be the voice. Now, I would like to recommend to you an alternate
for that and Tony I say this to you and to Machin and to all of you and to
Mrs. Farinas with a great deal of respect and for your consideration. This
does not define what kind of a board or the process for selection of a board.
If you go to a board where the board is selected on a cumulative basis
the person who is the top vote getter would automatically be the President,
that would then give you and the union which you represent and the membership
to show your ability to garner your three or four thousand votes and show your
muscle. If you are the top vote getter, then you will be the President and I
think by doing this we have the best of two worlds. What is the best of two
worlds? One, your representation that the strongest be the President, I
accept that. On the other hand not the nine people like Pat Keller or Luis
Diaz or the Puerto Rican groups in Wynwood, the ability to have a voice on
these boards and that is the recommendation that is completely within the
guidelines Mr. Fosmoen, of what we have available and as an alternative that
would be within the law. So I respectfully submit to you sir, depending on
how this vote goes that Mr. Stierheim is wrong, that all we want.to do is
opt for the option that's defined in page tnree ana that is withii, our
purview. Now, there is one last question and that is, is this the will of the
majority of the people in the neighborhood? I know that Mr. Machin and his
constituency group of the union... of the Bartender and Waiters Union are
opposed. I know that Mr. Perez Franco and his supporters are opposed, with
those two exceptions the other community leaders... I don't know about Mr.
Rodriguez Quesada because he and I haven't been talking too much recently, but
I think that most of you that have expressed an opinion in my office are in
complete concurrence with a board approach rather than a Presidential approach.
And I think that, that really speaks for the majority of the Latin community.
I do not know what the opinions are in Coconut Grove or other areas. I would
therefore recommend that the simple way of doing this is if we adopt something
like this is to let it function for a year and then after it has function,
put it up to the neighborhoods in a free process to decide which process they
want. Whether they want to elect a President to be the voice for Little
Havana or Wynwood or Allapattah as the sole and only voice or whether they
would rather have a board that would be more representative of the diverse
factors of the community.
Mrs. Gordon: Are you through Mr. Mayor? May I make a comment.
Mayor Ferre: No, I have to say it in Spanish now.
Mrs. Gordon: Ok, you can say it in Spanish just as soon as I make a comment.
The issue before us on the table is to simply recind an action that we took
and that was to defer the election. The rest of the matters which you wish
to hear are appropriate at a public hearing. Is this a public hearing? Has
this been advertised to the public as a public hearing?
Mayor Ferre: I don't think so.
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APR 1 9 1975
Mrs. Gordon: Mr. Manager? Then I would so recommend that we pass the motion
which would not delay the election so that the people can prepare themselves
for an election which is not in conflict with what you wish to accomplish
because the election process will elect a Chairman and a Vice-chairman and a
Secretary which can always be supplemented with an additional board. And then
we could proceed to hold a public hearing and decide from the public and I
mean all the people of the City of Miami have a right to speak and bring them
into a public hearing and have a special meeting for that occasion because it's
going to be a long one and proceed to do what's best for our community.
Mayor Ferre: Mrs. Gordon and Father Gibson, I did want, if I may have the
courtesy of saying what I said in Spanish. I would like to say before that
since Mrs. Gordon did interrupt me in making...
Mrs. Gordon: Say what I said in Spanish too if you don't mind.
Mayor Ferre: Yes, well, we will get somebody to translate your words. I have
no problems with that. Mrs. Gordon did interrupt my statement and what she
is proposing is completely contrary to what I'm saying and I... and the reason
why the elections have to be put off for a question of perhaps one month and
I don't think it would have to be much more than that. What I'm saying is
instead of holding the election in the end of May, that we would hold the
election the end of June is because this thing has to be properly designed,
brought to the Commission before a public hearing and then adopted in it's
final form hopefully. Now, let me say what I said in Spanish. (EXPLAINS IN
ESPANOL)
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Well, now Ernie I am sorry. Let me tell you what the problem
is and why I cannot recognize you today. If I recognize you there will be
thirty speakers and this is not a public hearing. Now, if this Commission...
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Well, Mr. Fannatto you are out of order.
Mr. Fannatto: No, I'm not out of order either.
Mayor Ferre: Now, I will... Mr. Fannatto...
Mr. Fannatto: I'm not out of order...
Mayor Ferre: Mr. Fannatto you are our of order, sir.
Mr. Fannatto: Well, I would like to make one statement.
Mayor Ferre: This is a Country of laws, now you respect the law. Sit down!
Mr. Fannatto: Well, that's not right either.
Mayor Ferre: Mr. Fannatto sit down, please.
(BACKGROUND COMMENT INAUDIBLE)
Mayor Ferre: Mr. Fannatto, please sit down. Mr. Fannatto, please sit down
Now, ladies and gentlemen of the Commission, I am perfectly willing if you
are to open this up for a public discussion. If I do that we will have, I'm
sure at least twenty speakers, but I am perfectly willing to do that if
that is your will.
Mr. Lacasa: I think that it is essential for this discussion to hear the
input of the citizens and I for one... I'm not ready to vote on this issue
until I have heard what the community have to say about this.
Mayor Ferre: Alright, is that a motion then.,
Mrs. Gordon: There is a motion on the floor Mr, Mayor, I'm sure you must
remember that.
Mayor Ferre: Yes, Mrs. Gordon, you are correct. I would recommend then that
we vote that motion down and I will recognize it for reconsideration later on.
Mrs. Gordon: You are influencing this Commission Mr. Mayor, I think each
person here has a right to decide whether they want to vote it down or not
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APS 1 9 1a7a
1 (co
without your influence.
Mayor Ferre: I can make any statements that I want, you can't tell me what
to say. I know you would like to, but you can't. Now, is there further
discussion on this? Alright, call the roll on the motion as it exist.
ON ROLL CALL:
Mrs. Gordon: The motion is simply to resend the previous motion which was
to delay the election.
Mr. Ongie: Yes, Ma'am.
Mrs. Gordon: Recinding
it.
that leaves us in the
Mr. Ongie: Yes.
Mrs. Gordon: I vote "yes".
(ROLL CALL CONTINUES)
Mr. Plummer: I'm not voting.
Mayor Ferre:
J. L. you've got to vote.
position we were prior to making
Mr. Plummer: No one called the question, we are under discussion and as such
I want to hear the discussion.
Mayor Ferre: Mrs. Gordon... let me tell you where we are at. This is a
Committee of the Whole Meeting, under the rules of the Committee of the Whole
this is not a public hearing and therefore, I have not accepted to hear anybody.
I am willing to do so and I asked the opinion of the Commission. Lacasa said
he wanted to make a motion to hear people, at that point Mrs. Gordon said "there
is a motion and I am sure you have not forgotten it" and I took that to mean
that she wanted the motion called.
Mrs. Gordon: There is a misunderstanding Mr. Mayor, Mr.Lacasa wish to hear
the people, he didn't say now, number one. And if he wishes to hear people...
I want to hear people too, but I want to hear all the people who are not even
here today who haven't been notified.
Mayor Ferre: Well, how can you do that without postponing
you can't have your cake and eat it too.
Mrs. Gordon: Well, let call... I call the question on the
motion down if it goes down, but I call the question.
Mayor Ferre: Alright, now are there...
Rev. Gibson: Mr. Mayor?
the election? Now,
motion and let the
Mayor Ferre: Father, excuse me. The question has been called and that goes
without discussion unless you want to... technically what we ought to do is
vote on the calling of the question, but I will waive that if it's alright
with all of you and just have the main motion read and if it passes, it passes.
If it goes in defeat... Now, do you have any problems with that?
Rev. Gibson: Mr. Mayor, I want to... before I... well, that procedure is wrong,
ok, but I have a question. How do I face that, you tell me?
Mayor Ferre: I don't know. Mr. Knox?
Rev. Gibson: I want to raise a question before I vote.
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APR 1 9 1979
Mayor Ferre: Mr. Knt Mrs. Gordon has called the quo ion..,
Mrs. Gordon: I will respect Father Gibson's request if he wishes to ask a
question.
Mayor Ferre: I asked Mr. Knox the question now. Mrs. Gordon has called the
question. Now, what do we do parliamentary at this time?
Mrs. Gordon: I removed the question of call... the call of the question until
Father Gibson has an opportunity to ask his question.
Mayor Ferre: I recognize Father Gibson.
Rev. Gibson: Mr. Mayor, what I don't understand is if we are going to vote
to have the election and yet we say we want to hear the people, once you have
had the election anything that the people will say will be of naught. Now,
therefore it seems to me that if we really intend to hear the people, we ought
to hear them before we take a formal action. I'm concerned about procedure,
I'm not concerned about which of the two we take, I'm concerned about whether
or not the people are going to be heard.
Mrs. Gordon: Father Gibson, I wish to clarify your problem area because my
asking us to resend our previous action does not preclude the public hearing,
the designing of a new format. It simply says that the procedure to select
a Chairman, Vice-ehairman and Secretary will take place, but that a board which
could develop after a public hearing would and could take place a month later,
two months later, three months later, any time afterwards. There is nothing
to shut that door.
Rev. Gibson: Alright, let me say this, I run an institution with a board and
I want to say to all of you and I want you to listen to me carefully and if you
don't understand, for God's sake don't go out here not understanding. Once
you elect officers you put yourself in the position where there is no turning
back. Now, no way in the world, no way in the world I'm going to elect a set
of officers and then elect a board. I am going to elect that board so that
I know that, that's the direction I'm going in. Now, here is what as I hear,
you can elect a board and let the board elect the officers or you can elect
the board and the highest number of... the highest vote getter gets to be the
officer. Those two things must be determined before you vote in the first
instance. Otherwise, you negate the process. Look, look let me tell you
something. You know, I sit up here, you cannot understand on the inside I
am dying daily because all of the bickering and the carrying on, the energy
we lose just troubles me. I have been in this community, I'm a native, ok
and I have seen us lose a lot of energy. And I pray to God that the time will
come that we are not going to be losing this energy uselessly. Now, I
said that before, I have no desire to control anybody's politics, but whether
you believe it or not this whole issue is a political issue. Now, all I'm
saying to you is I have raised the question and I want to tell you this. If
you want me to vote to go ahead, you better tell me because I want to tell you
just as sure as you vote for both... no, just as sure you vote for Chairman,
Vice-chairman and anybody else you have negated what you might do later, ok.
Mrs. Gordon: I call the question now Mr. Mayor.
Rev. Gibson: Alright.
Mayor Ferre: Alright, call the roll.
THEREUPON THE FOREGOING MOTION was introduced by Commissioner Gordon and seconded
by Commissioner Lacasa and defeated by the following vote:
AYES: Mrs. Gordon
NOES: Mr. Lacasa, Rev. Gibson, Vice -Mayor Plummer and Mayor Ferre.
ABSENT: None.
Mr. Plummer:
present time,
"no" to be, I
I vote "no".
Mr. Mayor, my vote will not be my reflected thinking at the
but it is a matter of semantics and technicalities that I vote
feel, on the prevailing side for reconsideration at a later time.
Mrs. Gordon: Well, excuse me. Mr. Plummer, that's not clear I got to understand
the vote.
Mayor Ferre: We are in the middle of a vote. No, I beg your pardon, we are
in the middle of a vote. Continue calling the vote.
Mr. Lacasa: Since I believe that it is essential that the community be heard
on this issue, I vote "no".
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'APR •I Q IOTA
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Mayor Ferre: Alright, now...
Mrs. Gordon: May I ask Mr. Plummer a question Mr. Mayor, with your kind
indulgence?
Mayor Ferre: No, because there is a motion that is on the floor now of
Commissioner Lacasa. Now,...
Mrs. Gordon: There is no motion on the floor now and I have asked for Mr.
Plummer to please explain what...
Mayor Ferre: I recognize Mrs. Gordon. Wait minute, I will recognize Mrs.
Gordon and then Mr. Lacasa for the purposes...
Mrs. Gordon: Mr. Plummer, with all due respects to you would you please explain
what your "no" vote and the comments after it meant? I'm not certain I understand
what you meant because the motion that was just defeated was to recind the
previous motion that doesn't have any... explain yourself please, sir.
Mr. Plummer: In compliance with the last nights decision of the Supreme Court
in which you are inquiring into my mind. I would be hann' to do such anyi
that is...
Mrs. Gordon: That's why we love you, you have a good sense of humor.
Mr. Plummer: ... I wish to hear those people here who have spent their time
to come here not precluding the right of a further meeting to hear all of the
people. I feel that these people have given up of their time to be here, they
want us to hear something and I'm willing to hear it. It does not preclude a
future meeting of other input.
Mayor Ferre: Now, further discussion of Mr. Lacasa for the purposes of a
motion.
Mr. Lacasa: Mr. Mayor, for the reason as stated by Commissioner Plummer, I
want to move that this question be open as a public hearing for this discussion
right now and the community be given an opportunity to express their views
on this issue.
Mrs. Gordon: You mean without notifying the people who are not here today
Mr. Lacasa?
Mayor Ferre: Mr. Lacasa?
Mr. Lacasa: I would like to ask Mr. Knox...
Mrs. Gordon: Oh, Mr. Lacasa?
Mr. Lacasa: Mr. Knox?
Mrs. Gordon: Mr. Lacasa, call the 5-day rule on that question.
Mr. Lacasa: I am going to Mrs. Gordon to request a legal opinion from the
Legal Department of the City of Miami, you can request it from the Miami Herald
if you want to. Mr. Knox, my question is this, will it be appropriate and legal
for us to open this for a public hearing on the question or do we have to
advertise?
Mrs. Gordon: You said public hearing in your motion, don't put words in his
mouth.
Mr. Lacasa: I amend my question, to open the floor for people to express their
views?
Mr. Knox: Mr. Lacasa, that will probably be a matter for the exercise of
discretion by the Chair in as much as this portion of the meeting is designated
as a Committee of the Whole and no formal action is taken by the Commission.
Mayor Ferre: The Chair would have normally ruled that we were going to listen
to Ernie Fannatto and everybody else that wants to speak. Since this is
such a heated argument I thought that I would share that responsibility with
the majority of this Commission and therefore I opened it up for this purpose.
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And therefore the motion of Lacasa in my opinion is unnecessary and I can do
it by a simple poll. Mr. Plummer, I will start with you. Do you wish to open
this up for people to listen to there opinion?
Mr. Plummer: I do not wish to challenge the ruling of the Chair.
Mayor Ferre: Mr. Lacasa?
Mr. Lacasa: Yes.
Mayor Ferre: Father Gibson?
Rev. Gibson: What do you mean by you do not wish to challenge...
Mayor Ferre: He is playing... those are verbal games. What he is saying is
you can let me make the decision.
Rev. Gibson: Go ahead and make the decision, I have no problem.
Mayor Ferre: Alright, Mrs. Gordon?
Mrs. Gordon: Mr. Mayor, with the proviso that you are not going to make a
determination on a new procedure for the selection of persons for the target
areas and this is simply to let the people speak to be used as part of the
testimony that will take place at a future public hearing, I have no objection.
Mayor Ferre: I would like to say that if I... I'm going to rule that we are
going to listen to some people now. Now, I will not preclude anybody from
making any kind of a motion that they see fit to make including you Mrs.
Gordon and including your just defeated motion which of course, you can no
longer make, but somebody else like Mr. Plummer was trying to tell you that
he might bring up for a reconsideration since he was on the prevailing side.
So I will not preclude Mr. Plummer from coming back with your motion or from
somebody else to coming up with a motion which is completely contrary. Now,
Mr. Ernie Fannatto since you were the first to rise, now Mr. Fannatto under
the rule of law that we live by in the City of Miami you will have the opportunity
to speak.
Mr. Plummer: Would somebody please call an Ialian interpreter?
Mayor Ferre: Mr. Fannatto, I would hope that you and the other speakers can
keep your statements to three minutes.
Mr. Fannatto: I can't do it in three minutes.
Mayor Ferre: Alright, now, well wait a moment, wait a minute.
(COMMENT INAUDIBLE)
Mayor Ferre: Mr. Fannatto, in just a moment I will recognize you. I need to
have a show of hands of how many people wish to address the Commission at this
point, please raise your hands. (EXPLAINS IN SPANISH) Thirteen people, fourteen,
anybody else? I see fourteen speakers. Now, does anybody need more three
minutes? (EXPLAINS IN SPANISH) Anybody need more than three minutes? Alright,
that will take an hour for us to do this. Alright, now would you... all of you
who wish to speak come up to the Clerk and give him your name and I will take
them in the order that they are received.
Mr. Plummer: Mr. Mayor, I think while they are doing such would be a good time
for tempers to cool and a five minute recess...
Mayor Ferre: Alright, we will take a five minute recess Ernie and then I will
take you up as first speaker.
(THE COMMISSION TOOK A FIVE MINUTE RECESS)
Mayor Ferre: We will have a full Commission here in a moment. Mr. Ernie Fannatto
is that we now nave a full Commission, Ernie I recognize you. Go ahead and
say it publicly, you say what you got on your mind. Tell it like it is Ernie
like you always do.
Mr. Fannatto: Honorable Mayor and members of the Commission, Ernie Fannatto
is my name and I'm President of the Taxpayers League of Miami and Dade County
and the Homestead Tax Exemption League of Dade County. I want one thing said
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33 'APR 1 9 1919
here, I am an all American... I mean, an all City of Miami President of the
Taxpayers League.
Mayor Ferre: You are all American too, Ernie, I'll vouch for that.
Mr. Fannatto: And let's get one thing straight, we are all people of God
whether we are Spanish or whether we are American, Colored or White, whatever
we are and I had a pretty good track record here in the City of Miami. I
help elect Abe Aronowitz the first Jewish Mayor, I help Athalie Range
run to get to be the first City Commissioner, I help appoint the City
Planning Board Director, I help Rev. Gibson when he run, I help a lot of
people, American people so forth and so on. But my point is this that the
government belongs to all the people whether they are the majority or minority.
The majority of the people may win the election, but does that mean the
minorities are not going to have any representation? Well, I don't agree with
that, I think if the people are elected from the districts they should be a
minority board as well as a majority board on the... in the voting. You can't
disregard the minorities they pay taxes just like the majorities. Let me give
you an illustration, you know, talking about the Italians and I am Italian,
I had a lot of phone calls from Hialeah, I had a lot of phone calls from the
City of Miami said how is it we can never get any jobs in the CETA program,
the program, not one Italian was hired. I went up there and checked,
not one. I appeared before the Manager... the Metro Manager and Mayor I want
to tell you something Mr. Stierheim the County Manager is light, very light
and I have to agree with you when you say that Dade County is broke you were
right. They have a billion dollars bond indebtedness and don't transfer the
City of Miami to Metro and I'm telling that to all the Commissioners and I
hope you don't. But the point about it is here majorities shouldn't control
the election, they control their mouthpiece for the majorities, but you
got to appoint minorities, minority of people who pay taxes that represent
all class all groups of people here in the City of Miami. And that if you don't
do that you are not abiding by the wishes of all the people, you are only abiding
by the wishes of the select group who might be able to rig up elections...
Mayor Ferre: Alright.
Mr. Fannatto: ... but that don't make it right because I appeared before the
board, the new, the City Manager and the City of Miami Beach and Hialeah and
so forth and I asked the County Manager...
Mayor Ferre: Alright, Mr. Fannatto your three minutes are up now.
Mr. Fannatto: Yes, well I just want to finish up. I said Mr. Stierheim I
understand there is a lot going on in the this here program that's discriminating
and if I show you that there is discrimination, would you do anything about it?
He didn't say a word. Well, I want you to know one thing, I take that to
Washington, I took it up with the Senators, I took it up with the Congressmen
Mayor Ferre: Alright, Mr. Fannatto...
Mr. Fannatto: ... and I'm not through, I'm going to get action because here
we go again. The minorities are out and the majorities are in.
Mayor Ferre: Alright, thank you, very much.
Mr. Fannatto: So let's not disregard the minorities and appoint some people
in the minorities on these boards.
Mayor Ferre: Alright, Mr. Fannatto. Mr. Jorge Font?
Mr. Font: My name is Jorge Font, I am the Public Information Director for
a clinic Borinquen Health Care Center and I work in the Wynwood area.
I have a couple of concerns I want to bring to the attention of this Commission.
First Mr. Lacasa I would like to really tell you something that I feel is
important to us. When you took your oath of officer as a Commissioner you
said you were going to represent all Latins. In this meeting that you had
with representation from Latin minorities, I would like to know where the
Hondurans were, where the Columbians were and where the leader from the
Puerto Rican target areas were that were not invited and were not represented
here at that time. Apart from that I would like to tell this Commission
that I agree with Mr. Ferre and the other Commissioners of a board, I believe
in that, I have nothing against it. My problem is what happens specifically
in the Wynwood area between now and the election of that board. The situation
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"APR ! 9 1972
in Wynwood is a particular one in the sense that we don't have a Chairman
and we don't have a Vice-chairman right now, not even acting. I bring to the
attention of the Commission two letters that were presented to the Community
Accion Agency regarding the people that are acting as Chairman... as Vice-
chairman and Chairman of that area. Says "Be advised that Mr. Luis Diaz
present Vice-chairman of Community Development in Wynwood target area in
accordance with the City guidelines is no longer qualified to be a participant
in the Wynwood CD task force due to the fact that Mr. Diaz is not living,
working or owns property in the Wynwood community and the Chairman Mr. Jose
Mendez moved to New York, it is imperative that some official response be
forwarded so that the balance of the active City participants may identify a
delegation to meet with the proper officials and submit the candidates for
replacement". The problem now is that we don't have anybody in charge of that
area and it is our concern to know how these people are going to be nominated
and if the community will have a participation in that nomination. Now, if you
postpone the elections for a year, then we will have a year with nobody there.
And I will be willing to...
Mayor Ferre: Well, let me answer your question. The intention is to redesign
hopefully to go to a board system and have an election one month later, not a
year later. So in other words, the election now cannot be held until the end
of May. I think the proposal is to hold the election may be the end of June.
Mr. Font: It will be an election for the board or will it be an election...
Mayor Ferre: Well, that all depends on what this Commission decides.
Mr. Font: Ok, and from now until then who is...
Mrs. Gordon: Who's in charge?
Mr. Font: ... in charge of the destinies of community development in the
Wynwood area?
Mrs. Gordon: Mr. Fosmoen, what's the date... the targeted date of the elections?
I understand they are not scheduled for May, they are scheduled for June, is
that correct?
Mr. Fosmoen: There are a series of schedule elections. Which target area do
we want to talk about, Wynwood?
Mrs. Gordon: The one Mr. Font referred to, Wynwood where there is a ship without
a rudder.
Mr. Font: Wynwood, specifically Wynwood. We don't have a Chairman or a Vice-
chairman.
Mayor Ferre: Wynwood was the first one, it was supposed to be late April and
then they changed it to mid May.
Mr. Fosmoen: The Wynwood CD election is scheduled for June.
Mrs. Gordon: Ok.
Mr. Font: Is that definite Mr. Mayor, Commissioners?
Mrs. Gordon: Yes, that's definite.
Mr. Fosmoen: This is the CAA's current schedule.
Mrs. Gordon: June?
Mr. Fosmoen: June.
Mrs. Gordon: Ok, what's the other vacant one without a leader?
Mr. Fosmoen: Edison Little River.
Mrs. Gordon: Alright, what's the target for that election?
Mr. Fosmoen: August.
Mrs. Gordon: My God.
Mr. Fosmoen: CD.
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TP0 19 tan
f
Mrs. Gordon:
Mr. Fosmoen:
Mrs. Gordon:
Mr. Fosmoen:
Mrs. Gordon:
Mr. Font: If
Vice-chairman
Can that be moved up?
I would have to ask CAA. They use the County Election Office.
Is there a Vice-chairman there at least?
There was a gentleman here earlier who said he was the Vice -Chairman.
Oh, but you don't have a... Wynwood doesn't have anybody.
I understand right, the decision is whether to elect a Chairman and
or to elect a board, that will be determined by the Commission.
Both the elections will be in June.
Mrs. Gordon: Mr. Font, my statement was not I'm opposed to a board. I'm not
opposed to a board, I think the people have a right to have what they want.
If they want a board, they should have a board, but what I say is that we
should have an election for the Chairman, Vice-chairman and Secretary so then
we can have a board election after that if they decide that's what they want
and no misunderstanding.
Mr. Font: Yes, but my point... No, no, that's clear, but what I would like to
be clarified is whether... if the elections are in June which is very close
now, will it be for... after the board decide whether it's going to be... I mean,
the Commission decide whether it's going to be a board or a Chairman or Vice-
chairman because for five months I have been trying to find out what are the
changes, what's going and really I have even gone to Mr. Withers and nobody
knew what's happen.
Mayor Ferre: Alright, the next speaker is Mr. Jose Machin.
Mr. Machin: My name is Jose Machin and I'm a candidate for the community development
area of Little Havana, if we have an election. I am here today to ask the
Commissioners and the Mayor of Miami to reject the motion postponing the
election in Little Havana in order to create a board of nine members instead
of three members as dictated by the existing legislation. I ask you to conduct
this election in May as scheduled making it possible for residents of Little
Havana to express their wishes in a free and democratic manner. Thank you.
Mrs. Gordon: What is the date Mr. Fosmoen that's scheduled for the Little
Havana election?
Mayor Ferre:
Mrs. Gordon:
Mr. Fosmoen:
May.
May what?
I don't have a specific date Commissioner.
Mayor Ferre: Now, here are the following schedules; March --Downtown, Model
City --April, Allapattah--April, Little Havana --May, Culmer--May, Coconut Grove --
June, Wynwood--June...
Mr. Fosmoen:
Mayor Ferre:
Mr. Fosmoen:
Mayor Ferre:
Mr. Fosmoen:
Mayor Ferre:
Mr. Fosmoen:
Edison Little River --August.
Well, I see Brownsville, Liberty City, but that's not City.
That's it except Edison Little River...
Opa-Locka, West... West Little River, is that City?
No.
Edison?
That's City.
Mayor Ferre: Alright, Edison Little River is August. Now, that's the list
that Dena just sent up to...
Mr. Machin: Another thing Mr. Mayor, we believe in all the participation of
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APR t 9 fan
f
the minorities of that election. That means if we have election and I be
elected Chairman of that community everybody, minority, the Anglo, the Haitian
everybody is going to participate in the board. We supposed to have the board
when Armando Lacasa was the Chairman of the Little Havana and he never make it.
Mrs. Gordon: Why not?
Mr. Machin: I don't know the reason Mrs. Gordon.
Mrs. Gordon: Didn't want to give up any power.
Mr. Machin: Even Mr. Juan Perez Franco, he know already about it, that we are
supposed to have a board and I don't know what happened, we never had the board.
Mrs. Gordon: Yes, now it's convenient then it wasn't, ok.
Mayor Ferre: In other words Mr. Machin, you want to appoint the board yourself
right? So that when you become the President then you will designate who the
board will be.
Mr. Machin: Well, if I be elected President Mr. Mayor...
Mayor Ferre: Yes. And then we have your assurance that you will be very fair
about this, that you will...
Mr. Machin: Yes, completely sure. If I'm not sure you know I don't say this
in this Commission in this meeting.
Mayor Ferre: But that's going to be... and we have your word on it,that you
are going to assure that you are going to be fair.
Mr. Machin: That is true Mr. Mayor, you know, I have only one word.
Mayor Ferre: Ok, I accept your word. Now,...
Mr. Lacasa: Mr. Mayor, I'm sorry, but Mr. Machin made an allegation that I
was supposed to have a board appointed and I want to clarify that for the
record. The community participation in the City programs and specifically in
Little Havana did not call for a board to be appointed. I will not take
upon myself even if I were elected as I was at that time to appoint a board
because the board is to be elected by the people and what I did when I was
Chairman of the Little Havana area was to abide by the regulations. So to
appoint a board by a person unilaterally will tantamount to put in there in that
board whoever he feels that will contribute to his own interest and that is not
a representative board. The only board that I feel is representative is that
elected directly by the people and that is the reason why I never appointed
a board because I was not supposed to, I was not called by the regulations of
the Community Development Program to do so and if I had done it, it wouldn't
have had any credibility because it was me and not the people who had done it.
Mayor Ferre: Alright, Mr. Rafael Lopez?
Mr. Lopez: My name is 'Rafael Lopez anu I am running for the Secretary of
the Little Havana. I am opposed to the election of the board because the
Committee is not working in any area of the City of Miami. The Mayor Ferre
and the other Commissioners, it's true the board... the people are not coming
and work in the board. I need people who will work for the community and I
think the way is in this time is good for still go to running. Thank
you, very much.
Mayor Ferre: Alright, Mr. Juan Perez Franco.
Mr. Franco: Mr. Mayor and Commissioners, I would like to talk in Spanish, but
in order to make this more easy I have a translation in English for the
Commission.
Mrs. Gordon: Thank you, very much, I appreciate that.
Mr. Franco: (SPEAKS IN SPANISH).
Mayor Ferre: Alright, Mr. Rodriguez Quesada? Carlos Rodriguez Quesada?
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3'l
rAPR 1 9 197$
Mr. Quesada: Mr. Mayor and members of the Commission. I want to translate ay
question in Spanish. (SPEAKS IN SPANISH)
Mr. Grassie: (SPEAKS IN SPANISH).
Mr. Quesada: I want to translate my question in Spanish.
Mr. Cortina: (SPEAKS IN SPANISH) Mr. Mayor and members of the Commission.
Mr. Quesada: (SPEAKS IN SPANISH).
Mr. Cortina: (TRANSLATES). First of all I would like to point out that we
voice our biggest opposition of the way the electoral process of Little Havana
was taken and it clearly points out a "coupe d'etat". For more than four years
we have been backing the position to establish a board of no less than fifteen
members. On this premise we back the candidacy of Mr. Armando Lacasa as
President. Since that was forgotten while... and a change of a very dubious
way. Us today in my condition as the candidate for Chairman and President
of Little Havana, Mr. Hector Torres as Vice-chairman, Mr. Becena as Secretary.
And of the thousand signatures that we have from members of the community. We
ask that the political process of Little Havana should continue to be the way
it has been done in the past because any change that would occur would not
resist the modifications that's being projected today. In other words, that
a President, a Vice -President and a Secretary be elected and that a personal
commitment be made to discuss the problem of the board. The increase of other
areas outside of Little Havana. The term of the length of time of this elected
board or after this type of election. This is our petition to hope not to
continue to interrupt the election process in the community.
Mayor Ferre: Ms. Pat Keller?
Ms. Keller: Good morning,I'm Pat Keller, 1437 Northwest 13th Terrace. I think
we are missing something as usual here. We are missing the most important point
and that is how can we get better communities. We are doing a lousy job of it
now. We are certainly doing a lousy job in Allapattah and I certainly agree
that there should be an open meeting so that the views of all could be heard
on this matter. I don't pretend to have all the answers, it just misses me
how all these people can come here- I'm the house wife, I have a husband to
support me- how are these people managing to come here, don't they work like
my husband does to support me? It's beyond me. So this is why we have to
call for an open meeting to have the views of all. Rose, had an important
point here, in the past we have dealt with community organizations. Now, the
Mayor has brought up the point should we have either a Board or a Chairperson.
Why are we offered simply two alternatives? There are other areas to be explored
here and certainly the one of the other is we should not be limited to one or
the other. Now, what we have is just a ridiculous political jostling and
anyone that says otherwise is kidding themselves. And I have watched it for
some many years longer than some of you have been on the Commission and I'm
right up to here with it. You and I well know that the CD projects are put
where the most political power is, a little street in Allapattah, the business
community of Northwest 36th and 17th Avenue and incidently I don't live there,
I don't live in that particular area. It looks like a... it looks like London
did after the bombing and the... most of the CD projects have been put where
the political power is. Proper urban planning would dictate that the heart of
the community be upgraded instead of where the political power is. Better
communities are not obtained by what the majority feels... Mayor, I would like
your attention because I think it's important. I'm going to ask you to hold
my minutes there until such time as I have the Mayor's attention because I
think it's important. Thank you, Maurice. Better communities are not obtained
by what the majority thinks or what the minority thinks and I think this is
where we are making a big mistake. Better communities are obtained on the
advice of urban planners. Now, let's not be naive enough to think that... much as
I admire many of them in the City of Miami- let's not be naive enough to think
that they are not affected by politics, those who work in the City of Miami.
They should be Neutral Urban Planners such as and I'm not naive enough to think
anybody is bolding neutral, but perhaps we could have the advise of their planners
from FIU and Dade Community College and then I'm harking back to Rose's suggestion
going back to having our community organizations, if people were interested
enough to join their community organizations, then hopefully at least some of
their motives would be to make a better community. To sum it up. I haven't
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'APR i 9 1970
4b,
formed my opinion just as yet as to what is the best system, it's going to
take a lot of time and a lot of thought. But this is the lousiest system I
have ever seen in my life when I see swarms of people coming up here and it's
a matter of jostling to and fro as to who is going to be successful in getting
these CD projects and the... I certainly know that those like myself who has
worked so very hard trying to make the City of Miami a better place and have
been frustrated at every turn are not being satisfied and I'm a little bit
afraid that there is going to be a minor revolution in the City of Miami if
this political jostling in relation to our endeavors to try to make a better
community keeps up. Thank you, very much for listening to me.
Mayor Ferre: Thank you, Ms. Keller. Maria Irene Farinas?
Ms. Farinas: I'm sorry I speak English, but I would like to speak in Spanish
and I like the Mayor to translate.
Mayor Ferre: Do we have a translator?
Ms. Farinas: (SPEAKS IN SPANISH)
Mr. Cortina: (TRANSLATES) My name is Maria Irene Farinas,...
Ms. Farinas: I'm running for Vice-chairman in Little Havana. Oh, I'm sorry.
(SPEAKS IN SPANISH).
Mr. Cortina: (TRANSLATES) I am running with the candidate Mr. Machin. I would
like to ask Mr. Mayor, the copy of the document date January loth...
Mayor Ferre:
Ms. Farinas:
Mr. Cortina:
Mayor Ferre:
SPANISH).
The ninth...
the ninth, ok. (SPEAKS IN SPANISH)
Why wasn't the community notified of
You have to ask Metro that, they are
Ms. Farinas: (SPEAKS IN SPANISH).
the change?
the authors.
(EXPLAINS IN
Mr. Cortina: Why wasn't Metro notified the community? Mr. Mayor, said that
ask Metro. So that Metro would notify them so that they could open the offices
so they could the money and prepare themselves, that change was not notified.
My second question, why the inscription in Little Havana that had to be made
in April like it has been in the past two years and as of today there is no
date of inscription or voting. Third,... oh, about what you said about fighting.
When you talked about the disagreements between Cubans and Cubans, Puerto Ricans
and Cubans, Puerto Ricans and Puerto Ricans. I would like to ask Commissioner
Lacasa when he won at Little Havana, the candidacy that went against him when
he was elected, wasn't he respected by the rest of the group or did he have
any problems with the candidacy that lost?
Mr. Lacasa: I was duly elected and of course, I was respected...
Ms. Farinas: You was respected.
Mr. Lacasa: Of course.
Ms. Farinas: (SPEAKS IN SPANISH).
Mr. Cortina: I mentioned this because I was in the candidacy that ran against
Mr. Lacasa and I respected Commissioner Lacasa. And I have worked in the
community, I continue to work in the community and I will continue to work in
the community, but I am against that board because that should have been done
before, should have been made a month before the election. I think it should
be respected, the money that has been spent, the effort that has been made,
most of all of the people that are running in these elections of Little Havana
are working people, they have to do their work after 5 O'clock. Today it is a
very special day for her, that's why you have never seen no before. And I have
come today only for this reason of the board. I believe that the Mayor and
the City Commission have clarity to see what is best for the community and
to the City.
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%PR 1 9 ';?;
M. Farinas: Thank you, very much.
Mayor Ferre: (SPEAKS IN SPANISH).
Mrs. Gordon: May I ask Ms. Farinas a question please?
Mayor Ferre: Mrs. Gordon?
Mrs. Gordon: Maria Irene, I would like to ask you were you invited to be here
to the meeting last week?
Ms. Farinas: Yes.
Mr. Cortina: (SPEAKS IN SPANISH).
Mrs. Gordon: You just came here?
Ms. Farinas: No, because I had to work. I was working and I... you know, today
I had to
Mrs. Gordon: I mean, in the evening?
Ms. Farinas: No, in the evening, no.
Mrs. Gordon: A meeting in the evening last week, did you come or were you
invited to come?
Ms. Farinas: No, I don't received....
Mrs. Gordon: You weren't invited and you didn't come.
Mr. Lacasa: You were invited.
Ms. Farinas: I don't received nothing.
Mr. Lacasa: The question is whether or not you were invited,
Mr. Cortina: (EXPLAINS IN SPANISH).
Ms. Farinas: Ok, let me explain. Yes, my husband was invited...
Mr. Cortina: (SPEAKS IN SPANISH).
Mayor Ferre: Alright, the next speaker is Hector A. Tarres. Hector Tarres?
Mr.Torres My name is Hector Torres I go with Mr. Rodriguez Quesada as a
Vice -President, Mr. Manuel Gonzalez Becena as the Secretary. I wish to speak
in the Spanish language please. (SPEAKS IN SPANISH).
Mr. Cortina: (TRANSLATES) It looks like that the three candidates that are
running in Little Havana, we all agree that the board should not be made or
be proposed, that they continue the same system from before with the President,
the Vice -President and a Secretary. Even though I back a 100%, I believe that
if my candidacy becomes elected we will give participation to both of the
groups that are opposing us now. And I believe the other two candidacies will
be in the same position as we are. We want to make clear on our side, we are
not in an enemy fight, but rather in a fight to defend and better the community
and really that has been our fight for many years. We have worked with the
greatest humility in that area for more than twenty years. We have worked there
helping the young, the elderly and the people that have to pay high rent. Too
all worker "°cause we have worked as leaders in that area. We believe that
this is a work of humility and work for the community. 1 believe that somebody
has tried to divide us more, you should stop that negative policy and work
together for the community, not only to work for the Cubans or for all hispanics
in the community, but for all the citizens living in that area and that is
the only way that we will find a better community. It is the policy all the
candidacies that are working for the elections. I beg this Commission to accept
the proposition as been made here and that if somebody... and if anybody is
trying to divide us more in a negative policy should... we are not of the
aggressive group, we are not going to kill anybody and we don't want to be killed
either. Our desires to work with love in favor....of all.
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'APR i 9 1979
Mayor Ferre:
Mr. Tarres:
Mr. Cortina:
(SPEAKS IN SPANISH).
(SPEAKS IN SPANISH).
Thank you, very much.
Ms. Cofino: Anita Cofino, 955 Southwest 1st Street. First I'm not going
to ask for a translator, I am not going to try to say it in English so relax now.
First of all, I'm not running for anything. There is only one thing I will
be running some times is if I'm in a rush, I have to go to the bathroom.
Other than that I would like to say that this particular issue- and by the
way I'm the Chairperson of Little Havana. Now, this particular issue is very
concerning to the community. I'm not against a board, I'm not against elected
board, I'm against an appointed board. Appointed board is appointing people
that are friends of ours, they are going to follow what you want and you are
going to have a board that's going to be doing anyway what the Chairman wants.
So this I'm not agreeing with, I'm agreeing with an elected board. Whether it's
going to be in May or in June, I wish they were tomorrow instead of May or June,
at least the one from Little Havana. But I believe that if it's going to be
conducted in a democratic way whatever procedure it takes, it should be whether
it's with... like the Mayor said with a board that will take... whoever takes
the most votes will be the Chairman and then from there on divide the votes
among the Vice -chairperson, the Treasury whatever, this is a good procedure.
If it's not going to be that way or it's going to be that way it should be
the people in the communities who decide how it should be done, but in a
democratic way. That's my opinion, thank you.
Mayor Ferre: Alright, the next speaker is Emilio Lopez.
Mr. Lopez: My name is Emilio Lopez and I'm here because I see a kind of a
forest that is growing over here. It states in Community Development that the
purpose of a board is for representation and if you keep advocating and if
you the Commissioners go along with what is happening right now, this community
is going to have a lot of problems, going to have a lot of problems because it's
going to create a type of situation like Mayor Daly in Chicago. You know, the
people that are in power if you do not play the game with them you don't have
no representation and this is what is going to happen in this community if
you continue the elections and the things that you are doing right now. What
I would like to say to you and I heard a man say if I'm selected I assure you,
you know, that I'm going to appoint minorities, you know and I'm going to
this and I'm going to that, that's a lot of hog wash, that's baloney. Because
if you study all the laws that we have today the Federal Government and all the
laws that we have, you know, if you allow it to happen that way, again, there
will be no representation. I can use my community as an example of what I'm
talking about. I am a member of the minority, the Anglo community gave me
that name, a member of the minority. The Anglo community... I feel am a human
being like anybody else in this place, but you gave me that minority status.
As such the laws are supposed to protect me, but look around you, look in your
system over here and see if you have an Puerto Ricans working in your system.
See if my community is represented in Little Havana, if they want me over there
at least. This is what I'm telling you. I'm going to recommend something
to you the Commissioners, I suggest to you do not have an election,appoint
a group of fifteen people,blue chip like you have done before, you know, whoever
you want to appoint in which Blacks, Anglos, Latins and when I say Latins, other
Latins also not only Cubans, ok, to be represented and come up with a plan to
assure that when that community election is done if some members of those
minority groups like the Haitians that do not have any power, like the Puerto
Ricans that do not have any power perhaps they are going to be represented in
those Commissions and those neighborhoods like they are supposed to be. Therefore,
I'm telling you Commissioners, I am not in accord with the elections to be
held the way they are now. I suggest to you again, appoint a Commission of
blue chip people with brains and we got enough brain power in this community
to be able to do that, to come up with a plan, to come with an election that
assure representation. I want to hear that we are going to be represented
and that we are going to be appointed, then I go along with the election, I
will go with anything you say. But before you go through that election have
a plan, a rational plan to assure the representation of other minorities. I
can see what the young lady from Allapattah was saying, you know, she is an
Anglo that feels misrepresented, we are misrepresented, you know, therefore
Commissioners think over what you are saying and don't allow this community
to become another stronghold that will create more problems than it will solve.
Thank you.
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srPR 1 9 19�'
Mayor Ferre: Mr. Luis Diaz.
Mr. Luis Diaz: My name is Luis Diaz and I really don't know at this moment if
I'm the vice-chairman or not but since I don't receive any legal notice from the
department that is supposed to notify that I'm the vice-chairman of that partic-
ular area. I'm here to be positive not negative. I think all of us are human
beings and I don't think that should be a particular group in a particular area.
I conducted a study and I think I gave it to you, the report of that study that
in that particular area, Wynwood, the majority is not Puerto Rican. I'm not
here to discuss an ethnic group, I think Puerto Ricans are the same as other,
are human beings. I think this Commission is supposed to be representative of
us not of a particular group and I think if it should be a board it should be
a board elected by the people not by the Commission because as Mrs. Gordon is
an Anglo, she'd be put an Anglo there, Mr. Gibson a black or Mr. Ferre a Puerto
Rican, Mr. Lacasa a Cuban and Mr. Plummer Anglo - I don't think so. I think the
community has a right to vote for the people that should be representing in any
target area and I don't think that any people that will be taking this position
here to impress or to intimidate anybody here. We are not afraid, we are human
beings and we have to try to keep all of us together. Thank you very much.
Mayor Ferre: All right, Aladio Armesto.
Mr. Eladio Armesto: Mr. Mayor, Commissioner Gordon and ladies first and other
Commissioners, number one my name is Eladio Armesto, 1401 S.W. 1st Street where
my office is. And to the one who asked here before why these people were here,
why we make my living, in my specific case my living is made out of selling cem-
etarylots. I sell graveyards. Okay?
Mr. Plummer: Be careful.
Mr. Armesto: And Mr. Plummer is a funeral home owner. Okay. Now, I support
the idea of the board because if we are looking for citizen participation we
need the board. If we are trying to terminate bossing we need the board. If the
City Commissioners represent the people and they act in the form of a board we
have the follow in the steps and they are peoples' representatives elected on
the election and they are in the form of a board, we need a board at our small
town level. I know for the Commission it is a hard decision because you cannot
please all the people but you have to please, you are conscious and you have to
please the concept of full representation like Abraham Lincoln used say, "By the
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people for the people and from the people" and the board is the only that
truly represents the people by the people and from the people. Now, we have
to finish with the political machinery and the political machineries are not
boss, are one or two three guys and the only way we can finish with those
bosses, bossings and bosses is through a board. Now, I would like to ask an
open question, I will say first in English and after in Spanish. There are
three supposedly slates going to run in this election, three supposedly slates
in Little Havana. All of the slates have gone over here to this microphone,
to this podium and expressed their idea of working for the community, joining
the community, constructing the community, organizing the community, everything
for the welfare and the common good and you name it for the community. I ask
them if all those three slates will join together and form a board of nine or
be part of the board, three slates together. I will tell that in Spanish.
Aqui he venido a representantes de las candiduras todos diciendo que quieren
trabajar por la comision que todos son. Yo les pregunto a los tres si los
tres estan dispuestos son nueve personnas a trabajar juntos los nueve en un
board entre ellos los nueve por supuesto mas uno de afuera elegir su chairman, su
vice-chairman y su cosa. There's no answer.
Mayor Ferre: Now, sit down please, Mr. Rodriguez.
Mr. Armesto: There's no unity. And they want to represent our unified commun-
ity and they cannot agree in many of them. That is the reason I am asking the
board....
Mayor Ferre: ... Mr. Armesto, finish your statement, your time is up and then
I'll recognize....
Mr. Armesto: That's my statement, Mr. Mayor, that the only way to represent
the community is through a board, through a duly elected board elected by the
people from the people and working for the people. The board of nine or fif-
teen or twenty-one I don't care about the figure, the amount, the size of the
board but I do care about the concept of the board. That is the only one that
will kill political machinery, will kill bosses and will really develop a demo-
cratic process. Thank you, Mr. Mayor.
Mayor Ferre: A11 right, thank you. Are there any other speakers before we
open this up? Does anybody else want to address this Commission from the pub-
lic at this time? If not, then the public section of this is now closed and
I will recognize members of the Commission.
Mrs. Gordon:
hear from the
let's set the
Mayor Ferre:
hearing.
Mr. Mayor, I suggest we set the date for a public hearing to
rest of the community, part of them are here, some are not here,
date and let's have a conclusion of this issue.
The idea, Mr. Plummer, is to set a date for a complete public
Mr. Plummer: I have no problem with that.
Mayor Ferre: As I recall Mrs. Gordon had previously said, she made a motion
and I said, "Well, I think it is a little premature" and she said, "Well, that
way you'll have something to talk about." So I would like to now pass the
gavel over so that you'll have something to have a public hearing about and
make the following motion: That this Commission hold a public hearing with
the purposes of accepting the Metropolitan Dade County proposal specifically
in page three, that the City of Miami for the next year at least will go to
the selection process through a board procedure rather than to a direct elec-
tion of a president and that we opt for that as a matter of policy and that
the Manager will then come back with the different alternates that the Commis-
sion will then vote upon as to how the board is constituted, whether it be 15
or 25 or whether it be a rotating Presidency or you know the other. I think
there was some very good testimony by Perez -Blanco about the registration
should be until 9 P.M. at night, I think he's completely right. I think the
registration should last for at least one week, it shouldn't be one or two
days and that type of thing, and subject to whether or not the top vote getters
would be the President, the second vote getter would be, in other words the
cumulative process which I think would let people like Pat Keller and her
groups have representation in these boards. I make that in the form of a motion.
Mr. Plummer: Is there a second? Is there a second? Is there a second? The
motion dies.
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.APR 1 9 1s79
r
Mrs. Gordon: I move that we have a public hearing for the purpose of hearing
from the citizens of the City in the affected areas, that we have this as quick-
ly as possible, that the structure to be adopted by this Commission come from
the testimony that is delivered at the public hearing and including the testi-
mony that has been delivered today. That's a motion.
Mayor Ferre: A11 right, we have a motion. Is there a second? Is there a
second to that motion? Is there a second to that motion? Hearing none, it
dies for the lack of a second.
Mr. Lacasa: Mr. Mayor, I want to make a motion.
Mayor Ferre: All right.
Mr. Lacasa: I believe after having served for five years as a member of the
Community Development Task Force in the capacity of Chairman for the Little
Havana area that the best way that we can implement not only the CD programs
but any other program where the input from the community is needed is through
boards. I myself was the chairperson and I feel that for the chair to better
exercise its responsibilities and to better accomplish what is expected from
a community task force a board is imperative. However, I do believe that for
five years we have had a system, the system needs improvement. I believe it
is high time for the City of Miami to get into the act and take upon itself
the responsibility of conducting an appropriate neighborhood input system re-
sponsive to the needs of the City and to the needs of all its residents. But
for that system to work it has to have the credibility of those who are going
to participate in the system. One month before the elections are scheduled is
very little time to start restructuring the system and to postpone the elec-
tions at this point in my view will be to sacrifice in view of the hot politi-
cal temper of the community, a lot of credibility for the system. Therefore,
I am going to move that the election be held as scheduled for the positions of
chairman and vice-chairman as it has been in the past and that the City of
Miami staff start working immediately with the elected officials of the differ-
ent eight neighborhoods in order to restructure the whole system in the way
that is feasible for both City government and community.
Mayor Ferre:
Mrs. Gordon:
deferment, a
All right, there is a motion, is there a second?
Mr. Knox, do you need to clarify whether or not the previous
resolution of this Commission needs to be rescinded? Which is
exactly what the first motion on the table today hoped to accomplish was to
rescind the delay of the election and to move forward with the scheduled elec-
tion.
Mr. Lacasa: Do you want to make that in the form of a motion?
Mrs. Gordon: I want to get an answer from him whether we have to rescind just
as I started earlier in the day, maybe it was too early to do it but that's
what it was.
Mr. Knox: There are historically two methods whereby resolutions may be re-
scinded. A resolution may be rescinded by the adoption of a resolution which
rescinds it or in the alternative and the procedure that's historically been
followed by this City is that a new resolution may be adopted pertaining to
the same subject and the law provides that the most recent inactment pertain-
ing to the same subject shall pervail.
Mrs. Gordon: Mr. Lacasa, with regard to your intent, your intent is that the
elections proceed as scheduled?
Mr. Lacasa: Yes.
Mrs. Gordon: That from that point on those persons having been elected and
are in place that there will be a continuing attempt to come up with a more
democratic procedure?
Mr. Lacasa: Correct.
Mrs. Gordon: Okay. But we're not assigning the responsibility to the admin-
istration, we're going to assign it to the community to develop it, right?
Mr. Lacasa: I believe it is a joint enterprise, I believe it is the responsi-
bility of the governmental bodies along with the community.
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44,
Mrs. Gordon: Only as advisers but not as designers.
Mr. Lacasa: Absolutely.
Mrs. Gordon: Okay, then I would go along on that.
Mayor Ferre: All right, now I'm going to recognize you for the purposes of
a motion but I want you to clarify one thing when you make your motion.
Mr. Plummer: Isn't there a motion on the floor?
Mayor Ferre: Yes, but that's what we're talking about.
Mrs. Gordon: He wants a clarification on it.
Mayor Ferre: This is a clarification of Lacasa's motion, I think Rose is
seconding it.
Mrs. Gordon: Yes, I will if that's the intent but I don't want the adminis-
tration making a pattern I want the people to make the pattern - what the
people want and that will come out in the public hearings.
Mayor Ferre: Now, before voting on this motion, if in effect what we do is
rescind the previous motion and, therefore, the County continues then with
its electoral process I think that what we will be doing is electing a Presi-
dent a vice-president and a secretary for a two year period. Is that correct?
Mr. Grassie: That's correct, Mayor.
Mayor Ferre: So in affect we won't have this problem before us then for two
years.
Mr. Plummer: No, that's not correct either.
Mrs. Gordon: That's not true.
Mayor Ferre: well that's why I'm asking the question. The Manager says it
is true now you tell me if it isn't.
Mr. Plummer: well, he's not always right.
Mr. Grassie: The only way in which it would be different, Mr. Mayor, is if
part of the motion is made specific to indicate that it is your intention
that the election be for a period of one year in which case that would have
to be announced before the election process...
Mayor Ferre: But that motion doesn't say that.
Mr. Grassie: That's correct, you would have to complete your motion with that
understanding.
Rev. Gibson: Mr. Mayor and members of the Commission, to elect officers now
before you determine whether you're going for a board or whether you're going
to elect individuals makes it impossible, makes it impossible, absolutely
impossible for you to have a free election process. Now it seems to me that
if want to really not play games with you people out there and with ourselves
we will go to the position of letting the people have a public hearing. Let
me say this to you people, listen. If you have done this, if we have got
along without a chair person for the period of time you have another 30 days
wouldn't hurt you. Look, this world isn't going to go upside down. Let us
decide to have a public hearing, hear from the people, if the people will buy
the board method so there will be more democracy exemplified, fine. Then we
move. You fool around here and you elect a president and a vice-president
and a secretary and say you stay in place until we decide - do you know what's
going to happen? Those people who are the officers will persuade them not to
go for that board where you will have some input. I run an organization and
all I have to do to control that vestry, don't let nobody fool you. Mr. Mayor,
if I'm in order....
Mayor Ferre: No, there's a motion and a second.
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Rev. Gibson: A11 right, you got a second? All right, I'm going to be voting
against the motion because I want the people heard, this way negates those
people being heard. Don't let nobody fool you now.
Mrs. Gordon; Father Gibson, I need you to understand that I am for the public
hearing that you are for. I definitely wish us to proceed with a public hear-
ing which will be meaningful, which we will not just make the decision before
the public hearing by our actions. It's my understanding that the motion simp-
ly says that we will remove the previous deferment motion that we had before,
and that's all it really means.
Rev. Gibson: Yes, but Rose, Mr. Mayor, let me speak. Once you move the
previous motion which defers the election you then are in the position to
proceed with election.
Mayor Ferre: Of course.
Rev. Gibson: That's what that means. I'm saying to you don't move it, let
it stay, call for the public hearing and after you've had the public hearing
then decide.
Mrs. Gordon: When will the public hearing be?
Rev. Gibson: I don't care, you could do it in the morning. I'll give up any-
thing I have got to do to make sure that you have that public hearing and
then move. Otherwise we're playing games.
Mayor Ferre: Further discussion on the motion? Call the roll on the motion.
Mrs. Gordon: Wait just a moment, please, Mr. Mayor. Before I vote on this
I need to know when that public hearing will take place. It's important to
me otherwise I'm not ready to vote on this either unless it is simply an exer-
cise in futility.
Mayor Ferre: I will respect that question. Do you want to do it in two weeks?
Three weeks?
Rev. Gibson: Two weeks.
Mrs. Gordon: May I
Mayor Ferre: What do we need for public notice?
Mrs. Gordon: I'm going to remove my second just so I can get all of us to
decide when we're going to have that public hearing.
Mr. Grassie: We ought to have at least ten days of public notice, Mr. Mayor,
ten days of public notice.
Thereupon the City Commission proceeded to check their calendars in order
that they might set a date for the public hearing.
Mrs. Gordon: While everybody is checking, Mr. Fosmoen, would you give us more
information on the procedures? Dena? Okay. Dena, what is the procedure,
I'm asking these for information purposes only, what is the procedure for
registering people who want to vote in that target area election? How much
time do they have to register, the people?
Ms. Spillman: I can't answer that question, I believe it is a week or two,
we had asked someone....
Mrs. Gordon: Someone told me five days and I found that an incredibly short
period of time. Three weeks is correct?
Ms. Spillman: Five days, six days?
INAUDIBLE COMMENTS FROM AUDIENCE.
Mrs. Gordon: Three weeks is all right but five days is not enough time.
INAUDIBLE COMMENTS FROM AUDIENCE.
Mrs. Gordon: Okay, there's no rules in the book that tell you that?
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Mayor Ferre: well the County has some new rules that they superimposed on us
and, of course, we're accepting.
Mrs. Gordon: What is it?
Mayor Ferre: I asked for the Clerk to have some copies made, where are they?
Ms. Spillman: We're checking on it now.
Mayor Ferre: You see, let me tell you, let me reiterate to you that I wasn't
being facetious. The County deliberated on this and they passed on the 9th of
January all the rules for the County and the City. Do you know how I got a
copy of that? Mr. Armesto gave it to me and I'm the Mayor of the City of Miami
and you're a Commissioner.
Mrs. Gordon: Yes, but they set down guidelines they don't carve them in stone
though.
Mayor Ferre: They changed the guidelines completely without even asking us.
Mrs. Gordon: Six days is not enough time to register people from the time that
the opening of registration starts, six days is not enough. Some people can
not get there in that six day period, they have to more time. Not everybody
can be brought in by some vehicles or other, they have to be able to get there
on their own two feet or whatever. .... We can't hear you. (INAUDIBLE COM-
MENT FROM THE AUDIENCE) I don't mean the candidates I'm talking about the
voters, the people who vote.
Mr. Blanco: Yes, Rose, there are only three people or four people taking the
registration and there's a big line there, people waiting too long even with
the three weeks before.
Mrs. Gordon: Is three weeks the proper time?
Mr. Blanco: If you can have it more it would be better having more.
Mrs. Gordon: Yes, 30 days is really what it should be I guess.
Mayor Ferre: All right, Mrs. Gordon, we have an answer now. Mr. Plummer says
that he can meet at 3:00 O'Clock so that means all of us can meet at 3:00.
Mrs. Gordon: Well, if that's what's going to happen I don't know that we have
to take any action now, Lacasa, what do you think? Does it make any difference
right now, because in all probability if we don't have a public hearing until
the 30th, make a decision then, then set up the structure of what is going to
happen after that it is going to require some delay I'm afraid.
Mayor Ferre: I'm glad you saw the light, I completely agree with you.
Mr. Lacasa: Well, let me tell you what will happen. If we have a public hear-
ing on the 30th then we won't be able to have the elections as scheduled.
Mayor Ferre: That's right.
Mrs. Gordon: That's what I'm saying, it won't be possible.
Mr. Lacasa: And I see no reason why we can not have the elections as scheduled
and then proceed to restructure the whole system because let me tell you what
is involved. What is involved here is much more than the Community Development
process. What is involved here is the extension, the expansion of the boundar-
ies, the inclusion of other federal programs for input purposes. We have a
different concept now with the NSAA so I believe that this is going to take
more time. Then I don't want anyone to have any misconceptions about the fact
that we do have here basically the people from the three Latin community target
areas of the City of Miami but what about the others? We have five more. The
City of Miami has eight target areas. This is a very complicated situation.
My feeling is that we should go neighborhood by neighborhood to afford all the
neighbors the possibility of giving input into this so nobody can question the
system....
Mrs. Gordon: I have a question. I don't argue with that, that's the democratic
way.
Mr. Lacasa: But if we go that way, Rose, the problem is
30 days, 60 days, 90 days won't be enough. These people
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that if we go that way,
from the City staff
.APR ! 9 1979
will have to go into each neighborhood, call for meetings, have meetings in
each one of the eight target areas and eventually this will come to a public
hearing before us which is the regular. CD process. All that will take a lot
of time and the elections, therefore, won't be held. Now, I believe that if
the elections are not held now the system will sacrifice credibility and that
is the reason why since I feel that credibility is essential for the better
functioning of the system that I feel that we should have now the elections.
If we have lived five years without boards I don't see why we cannot continue
living without that board structure for another period of time until we can
restructure the whole system in an appropriate way.
Mrs. Gordon: Emelio, your hand went up, may I ask you what you what you....
Mayor Ferre: I think it's real simple, you either want to have the elections
or you don't want to have the elections and if you don't want to have the elec-
tions we're going to have a public hearing here and I'm going to tell you right
now that at the end of that public hearing I'm going to again propose that we
select a board route rather than the pres'.dential route. It's just that simple.
Mr. Emelio Lopez: You know I've been cortinually listening over there to all
the discussion and again I say that we have gone for five years through the
process that we have now. Why take there weeks or three months, you know, to
come with a rational process? You know postpone the election, come with a
rational process and allow the people that are there to stay for three more
months or six more months, whatever you think is feasible and then when you
have given a chance to your staff and a blue chip committee or whatever you
want to do to come with a process that is viable for the whole community in
which you can have a public hearing and invite all the other eight areas that
Mr. Lacasa is speaking about. Then you come up with a process that will be
feasible for everybody.
Mayor Ferre: It's almost 1:00 so we've got to conclude this.
Mr. Lopez: I think you should wait for the process to be cleaned up.
Mr. Lacasa: ... There is a motion on the floor, a second, I don't know.
Mrs. Gordon: But we have two areas that have no
Mr. Diaz: Excuse me, I don't think why we are afraid to have an election.
If we are the people that participate in the community, if the community decides
that we are the people that have to be represented what is afraid? Why we don't
take the initiative right now that Mr. Lacasa says and later on we can make a
study and go every day if we want or are interested to go to meetings and find
out whether it is right or not.
Mrs. Gordon: Ok. Lacasa, will you include in there a shorter period of time
than two years so that the people will know that what we are really about is
not just words but action, we really intend to find a democratic procedure?
Would you cut it down to let's say January? How many months is that?
Mr. Lacasa: Rose, let me tell you what my problem is with this. I am moving
this not because I believe as I said before, that the better system is the
chairman and the vice-chairman but I am moving this because I believe that
even more essential at this point is a question of timing here. I believe
that even more essential at this point that the system itself is the credibil-
ity of the neighbors or the people in the system. Therefore, I am very reluct-
ant to change even slightly the name of the game and the reason why I don't
want to change the name of the game is this: This is a very sensitive issue
very politically oriented and I don't want quite frankly to give anyone an ex-
cuse to say that the City Commission played or changed the rules of the game
just before an election because that is if I know well this community what is
going to happen. So, we have two situations, neither one is perfect. I do
believe that what we need to have is the complete restructuring of the system
to make it more responsive to the citizens. I have no question. I would per-
sonally favor a board solution in the future but at this point any deviation
from what has been in existence might create problems of credibility for the
system and might get us in a position where later one we will be unable to
implement that system with the credibility and the participation of the citi-
zens.
Mr. Armesto: Mr. Mayor, one thing very small, in order to prevent the credi-
bility of the system I will propose you as the Mayor and members of the Com-
mission my following idea: We can have both at this time. I think what about
APR 1 9 197$
if we go ahead with the election as proposed, as scheduled and we decide today
here that the system is going to be the board system but the election will be
only for three people, chairman, vice-chairman and secretary and a board of
fifteen. The other twelve will be elected a month after in a special election
called for the rest of the board then we have both of them.
Mr. Plummer: In the absence of the Mayor I'll ask you to please keep your
voices down.
Mr. Armesto: Then we have both of them.
Mrs. Gordon: No, Eladio, what you're saying is we don't need a public hearing
because if we have what you say wny do we need to hear from people, we already
made a decision.
Mr. Armesto: Then we have the hearing, go ahead with the hearing but the board
is the only solution to represent all the people not a boss with two or three
cronies.
Mayor Ferre: All right, now the next person that speaks out of turn can leave
this room. I expect for there to be order here. I came back from Trinidad
and I want to tell you I was so proud to see a new country in the Caribbean
where they respect law and order. It really was a pleasure to see the way those
people functioned and I'm sure we want to function the same way here. All right,
now we have a motion on the floor.
Rev. Gibson: What's the motion?
Mayor Ferre: The motion was made by Lacasa and I don't know whether Rose is
seconding the motion or not.
Mrs. Gordon: Well, I need, I think we have really sort of stirred up a hornet's
nest today. Earlier in the day I was very sure that just to rescind the prev-
ious action of the Commission was going to be the proper procedure and we were
going to be able to go forward with progress but after hearing all these people
today and all the diverse opinions, and I'm sure people who didn't show up today
have more opinions, I'm hesitant about forcing something to take place and I'm
not even sure if that's the right thing that should take place at this point
in time. I really mean it, right now I've heard just too many things that con-
flict with each other.
Mayor Ferre: All right, where are we?
Rev. Gibson: So where are we?
Mr. Plummer: May I hear the motion on the floor?
Mayor Ferre: Did you withdraw your second?
Mrs. Gordon: Well, I'd like the Commissioners to express themselves besides
me and Lacasa.
Mr. Lacasa: At this point I don't know whether I have a second or not because
Mrs. Gordon has removed....
Mrs. Gordon: It's on the table temporarily, yes, sir. I haven't removed it
because I need to hear from Mr. Plummer, I want to hear from Father Gibson and
the Mayor, I want to hear from you.
Mayor Ferre: A11 right, there's a motion and a second. You heard from me and
my position remains the same.
Mrs. Gordon: All right, I'm not asking you I'm asking for Father and Plummer.
Rev. Gibson: My position is to proceed with an election of any kind, renders
any future action null and void. I don't want to put anybody in place. I don't
want to put anybody, chairman, vice-chairman, no secretary in place until such
time as we have had a public hearing and that the people say we are going for
a board. Let me tell you something, one of the great dangers that you have
heard, we talk about the credibility of the system, the system presently doesn't
have any credibility. Look, you're not fooling anybody. If you want to have
credibility go to the people - that's how I got elected. Go to the people and
say to the people we want to hear you. Once the people say that the people
49
APR ! 9 19I5i
then will choose people in place to run their business. I am unalterably op-
posed to electing anybody for any period of office. Let me tell you what you
don't understand, your temper is flaring. Once you put these three people in
place they're there for two years if you're following that guideline. Thirty
days more, sixty days more is short time, that's much shorter than two years.
INAUDIBLE COMMENTS FROM AUDIENCE
Rev. Gibson: Darling, I will wait sixty days to rectify a wrong. Two wrongs
don't make no right.
Mayor Ferre: All right, Mr. Plummer, do you want to say anything to this or
do you just want to vote?
Mr. Plummer: Well, I assume I am limited to speaking to the motion and since
everything has been mumbo jumbo I'd like the motion repeated.
Mayor Ferre: Do you want to repeat the motion, Mr. Clerk?
Mr. Ongie: A motion that the election be held as scheduled for the chairman
and the vice-chairman as it has been conducted in the past and that the City
of Miami immediately begin working with the elected officials of the various
neighborhoods to begin the restructuring of the whole system in a way that will
be feasible for both the City government and the community.
Mrs. Gordon: I don't buy that because that's not what we said. We said the
community would decide what they wanted and each restructuring would be done
after the public, the people decide what they want not the City government
decide what the people should have.
Mayor Ferre: All right, do you want to change that motion?
Mrs. Gordon: No, Mr. Mayor and Lacasa, since you made the motion and I didn't
take my second away but I'd like to ask you to reconsider the whole procedure
you're doing and just move for reconsideration of our previous deferment. If
we do that we don't have any further problems for the time being and on the
30th when we have a public hearing we can then if necessary act to delay if we
feel it is important. I'm asking Lacasa if he wants to do....
Mayor Ferre: You and Lacasa feel that way, Gibson and I feel differently that
obviously means that Plummer is going to be the deciding vote. So Plummer,
let's stop wasting time, make up your mind what you want to do, say it on the
microphone and then we'll move in that direction.
Mr. Plummer: Mr. Mayor, I appreciate your comments and I've been trying to do
such for two hours but I do extend the courtesy not to interrupt anyone. Now,
first of all if I am not limited to speaking to the motion I think we have be-
fore us today a classic example of why nothing is getting accomplished. That
is that we have nothing but internal bickering, people fighting people rather
than fighting to do good which is very very bad and it speaks very poorly of
the system. Second of all, the interjection of too much government into any-
thing in my estimation is bad. Here we see some who are inviting more and
some who are inviting less. It was my understanding from the inception of the
CD, and I'm sure as well the CAA and the Great Neighborhoods that the people
of that community or that area or that target area would have the right to de-
cide for themselves what they feel best is for their community. Now, I still
believe that. I believe that the people should speak. Nowhere have I heard
today using, if you will, the Little Havana as the example where the proposal
of a board was taken before the present constituted authority that exists for
a proposed change and I feel that that is the proper format, not before this
Commission. I think that the internal problems of a given area should only
come before this Commission if in effect after thorough discussion, election
or what before that given body has completely broken down. So, Mr. Mayor,
what I am saying at the present time, and I guess unfortunately I have to
disagree with my good friend Theodore Gibson but a system is established. It
has been established. I have no problem whether there be....
Rev. Gibson: Wait a minute, I didn't say it wasn't established.
Mr. Plummer: No, Father, let me finish and then you'll hear what I'm saying.
There is a system established and on -going for four years, that that system
prevail, that the elections proceed. If Mr. Armesto wants to change the sys-
tem let him do so before the board or before the officers, before the group.
Let him bring up an election before the group to take and present it to the
group for an election.
50
APR 1 9 1979
Mayor Ferre: You mean to the group of three, the president and vice-president
and then the president will decide.
Mr. Plummer: No, sir, not at all - to the Little Havana registered activity
people, let them make the decision not us, not us, not at all. Now, what I'm
saying is they have a system, let the system prevail. Let the people prevail.
Mayor Ferre: Well the system wasn't voted on by the people.
Mr. Plummer: The system has not, Mr. Mayor....
Mayor Ferre: Was imposed by Metro, and you're saying let that....
Mr. Plummer: No, sir, Metro has provided an alternative. If Mr. Armesto wants
to elect to proceed in the manner of the alternative great, I don't see anything
wrong with that, not all.
Mayor Ferre: It's called passing the buck.
Mr. Plummer: It's not called passing the buck it's called letting the people
of their own given area decide what they want and I find nothing wrong with
that.
Mayor Ferre: Well, would you recommend that we do the same thing with out Con-
stitution?
Mr. Plummer: Mr. Mayor, it's exactly the way you and I run before this Commis-
sion. If we don't agree here we don't run to the State government and to say
"Straighten out our problems" the people straighten it out for us.
Mayor Ferre: Mr. Plummer, don't we have a Charter that we run under?
Mr. Plummer: That's right.
Mayor Ferre: And doesn't the United States Government have a Constitution?
Mr. Plummer: All subject to change at the will of the people.
Mayor Ferre: Yes, but the point simply is you see, and it's not a question
of semantics it's a question of governmental philosophy. What you're saying
is let the community then decide what the Constitution will be.
Mr. Plummer: What they want for their community.
Mayor Ferre: That hasn't happened.
Mr. Plummer: And then, Mr. Mayor, you come into a second category called a
complete breakdown of the system and at that time is when this City Commission
should step in and monitor, not run monitor. Now nowhere have I heard, Mr.
Armesto, have you presented your plan of a board to the Little Havana Activity
Center people? (INAUDIBLE RESPONSE FROM AUDIENCE) I asked him and I would
appreciate....
Mr. Armesto: Mr. Commissioner and Vice -Mayor, the Little Havana Activity Cen-
ter as you have mentioned is the center run by Mr. Villaverde.
Mr. Plummer: Excuse me, I'm sorry, I stand corrected.
Mr. Armesto: I think that what you mean is if you follow that procedure ap-
proved by Metro it says that it is up to the people in the neighborhoods to
have a meeting and in that meeting they could decide, they could and they can
decide at that neighborhood meeting what procedure, what way they want to go.
If they want to go the full way of the advisory committee way. That
was approved by Metro not by you.
Mr. Plummer: Mr. Lacasa, for clarification, sir, what is the exact name:of
the group that you were present?
Mr. Lacasa: Little Havana Community Task Force.
Mr. Plummer: All right. Mr. Armesto, since I have now been given the proper
terminology, have you appeared before the Little Havana Activities Task Force
to present your proposal for the alternate?
51
APR 1 9 1979
Mayor Ferre: All three of them?
Mr. Plummer: Have you presented that to them, sir?
Mr. Armesto: Number one, Mr. Commissioner, the Little Havana Activity Task
Force only has a chairman not a body. The name is supposed to encompass a body
but the fact of life is one chairman that right now is Mrs. Anna Cofino and she
has come to this podium before me and stated that she is in favor of the idea
of the board.
Mr. Plummer: Sir, if I have my way- let me state this so you'll understand -
if I had my way there would be a president, a vice-president and a secretary -
treasurer and a 12 member board. that's my personal opinion, that's my opinion.
Mr. Armesto: That's what we want.
Mr. Plummer: But sir, I do not sit here and want to press upon the people my
feelings because I don't live in that community. Now all I'm saying is is there
not a set up of the president, vice-president and secretary -treasurer where they
have monthly meetings?
Mr. Armesto: No, sir, that is not the set up.
Mr. Plummer: It is not the set up?
Mr. Armesto: No, sir.
Mr. Octavio Blanco: Commissioner Plummer, for your information the only time
you see a lot of people meeting for this is at election time. These people
from the City of Miami, they cry for the help and people to come to these meet-
ings and nobody comes.
Mr. Plummer: My good friend Blanco, or really let me ask Dena. Dena, under
the proposed set up does it have a provision for monthly meetings or weekly
meetings or quarterly meetings?
Ms. Spillman: The way the system works the answer is no. The meetings are
called whenever there is an issue to discuss and then during the fall when we
start with our CD process we hold regular meetings for approximately 4 months.
Mr. Plummer: Absolutely ridiculous system.
Mr. Emilio Lopez: There's another factor that you forget, Mr. Plummer. Mr. Plummer,
there is another factor that even though they are supposed to be a board actually
the one who decides what is going to happen is your staff or the people in Metro.
You know your staff is the one who comes down and tells us more or less what is
going to happen. Sometimes when we go to the meetings and we tell, "This is
what we want", some of the things that we tell them that we want they're are
not even considered.
Ana Cofino: Commissioner Plummer, let me answer your first
question which was whether Armesto had presented to the Little Havana Community
his change - it hasn't been presented. We don't have a monthly meeting. We
have meetings like she said when we have a new proposal, it's taken to the task
force and then from the task force it's taken to the community. When we have
an issue of importance we call the community. But I want to say something.
He said that the chairman was here and stated what the chairman representing
the community, when I spoke I said that whatever decision was taken or was to
be taken should be taken by the community not by me.
Mr. Plummer: Okay, let me ask you this question. Does it not seen plausible
tat he is asking for an item of major interest as expressed here today? Doesn't
it seem logical that a meeting of that group would be called and of the area
residents to discuss the issue and a decision made? That's the democratic
process.
Ms. Spillman: Commissioner? Commissioner Plummer?
Mr. Ernie Fannatto: Commissioner Plummer, can I just say a word about this
present system? Commissioner Plummer, can I say a word about the present sys-
tem without all this here?
Mr. Plummer: Sure.
52
*APR 1 9 1979
t
Mr. Fannatto: Well I will when you get this meeting in order.
Mr. Plummer: What?
Mr. Fannatto: I will when you get the meeting in order where people can hear
and listen to what you're going to say..
Mr. Plummer: You mean they have a president, vice-president and they don't
meet? What the hell good are they? Huh? It's ridiculous. I'm in favor of
the board.
Mr. Fannatto: Commissioner Plummer, you asked whether this system is good, Com-
missioner Plummer. I investigated this system, we spent $88,000,000 in the CETA
program and we only employed, got 3,100 people jobs and the federal government
has said to ' Dade County you either change things and do them better or we're
going to cut all the money. Now if you think this is good and you want to keep
doing the same thing you'll be in the same rut. I think we should have input,
new input and I think we can come with new ideas when we think a little bit
before we act. And like Reverend Gibson says, another public hearing will give
me more time to think what I'm going to say. But this hasn't been successful.
There has been more corruption in this Dade County than any County in the Country
and they only employed mind you, they didn't pay 3,100 people jobs they got
them through the U.S. Employment Agency and the Federal Employment Agency. So
if you think and you want to stay in the same corrupt system you are just saying
let's go on and keep corruption in the federal government moneys here in Dade
County.
Mayor Ferre: All right, now ladies and gentlemen... All right, Mr. Perez Franco,
have your say and then we're going to hopefully vote.
Mr. Franco: Thank you, Mr. Mayor. We hear about or two or three hours and
everybody about the Little Havana Activity Center and I'm told about the three
people that are candidates, we make some agreement and some point of view that
are the same for three candidates. First, we want the election this month, the
next month or maybe in June. Secondly, we make a registration for three weeks
and third we want a forum of 3 people elected, a President, Vice -President.
Mayor Ferre: I understand, you haven't said anything new.
Mr. Franco: Let me want to finish, please.
Mayor Ferre: Yo to digo eso.
Mr. Franco: Well, I need to say that in order to say that I want to say before.
Mayor Ferre: Okay.
Mr. Franco: And we want the president and vice-president and secretary. Now
somebody here, Commissioner Gibson wants to make it another hearing and Armesto
says he wants a forum.Why don't we make the election for three people and on
the ballot we put it and ask everybody if they want for the next election they
want a board or a forum. Why not? Because if we make it three weeks for regis-
tration we want to take about 5,000 or maybe 6,000 people. Are these 5,000
people supposed to vote 80%, if 4,000 people to vote and we want to ask these
4,000 people if they want for the next election a board or a forum.
Mrs. Gordon: That's a good idea, what is your name, sir?
Mr. Franco: Perez Franco.
Mrs. Gordon: That's a good idea.
Mayor Ferre: All right, now we have a motion and a second here.
Mrs. Gordon: Mr. Mayor, may I ask you respectfully if we could table this un-
til later in the day to give us all some time to give this some thought because
it's really been muddied up. And besides, any motion isn't really going to
carry any weight it takes a resolution.
Mayor Ferre: I will accept that but I want to review for 20 seconds where we
are as I see it. We have a motion before us made by Lacasa seconded by you
with the understanding that you might remove the second on the premise that
the election be held as they're constituted now and that subsequently commun-
ity meetings be held to be discussed. Gibson has talked against that because
'APR 19 1979
he says that once you have set the pattern in motion and you make the election
then your neighborhood discussions are valueless because in effect you have
an election that will hold true for two years. Then there was a question of
will you change it from two years and make it one year and Rose Gordon recom-
mended January which I said that that might be an alternate that I could accept.
Lacasa said no that he would not accept that that he wanted to leave it exactly
the way it was for now and let the communities deliberate. Plummer then came
up with a middle ground someplace saying that he wanted the elections to pro-
ceed. Now you want to table it because we want to discuss it further.
Mrs. Gordon: I want to read this report that was handed to me with I don't know
how many pages in it which I've seen for the first time.
Mayor Ferre: Now the motion to table does not require a second and there is no
discussion in it.
Mrs. Gordon: Doesn't that need a second?
Mayor Ferre: It doesn't require a second, is that right, George Knox? A motion
to table does not require a second does it?
Mr. Knox: You don't need a second, no, sir.
Mayor Ferre: All right. There is a motion to table and there is no discussion
on a motion to table. Now, when you table a motion it will not be brought up
under the rules of procedure until the next Commission Meeting unless somebody
makes the motion to reconsider. Is that correct?
Mr. Knox: There has to be a motion to remove an item from the table.
Mayor Ferre: I see.
Mrs. Gordon: It's getting very complicated. Since I want to read this docu-
ment and since I expect Lacasa or I will bring it up later in the day I'll just
remove my second from the table and that will take care of it for now.
Mayor Ferre: All right, now we have a motion without a second. Is there fur-
ther discussion? Is there a second to Lacasa'a motion? Is there a second to
Lacasa's motion? Is there a second to Lacasa's motion? Because there is no
second it dies for lack of a second and at this point I will call a recess and
we will meet again at 2:00 O'Clock and we will take up the next item on the
agenda which will be Item (C).
Thereupon the City Commission recessed at 1:15 O'Clock P.M. and reconvened
at 2:10 O'Clock P.M. with Commissioner Lacasa and Mayor Ferre absent.
54
'OD o 1 9 1979
4. SECOND READING ORDINANCE: FUND STRUCTURAL SURVEY
ANALYSIS AT ORANGE BOWL STADIUM.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTIONS 1 AND 6 OF ORDINANCE NO.
8858, ADOPTED SEPTEMBER 28, 1978, THE ANNUAL APPROPRIA-
TIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30,
1979, AS AMENDED; BY INCREASING THE APPROPRIATION FOR
THE ENTERPRISE FUND, ORANGE BOWL, IN AN AMOUNT OF
$25,000; INCREASING ANTICIPATED REVENUES, ENTERPRISE
FUND, ORANGE BOWL, BY THE SAME AMOUNT; FROM 1977-78
ORANGE BOWL ENTERPRISE FUND, RETAINED EARNINGS; FOR THE
PURPOSE OF FUNDING A STRUCTURAL SURVEY AND ANALYSIS OF
THE ORANGE BOWL STADIUM; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
passed on its first reading by title at the meeting of March 22, 1979
taken up for its second and final reading by title and adoption. On
motion of Commissioner Gibson seconded by Commissioner Gordon, the Ordinance was
thereupon given its second and final reading by title and passed and
adopted by the following vote -
AYES: Mrs. Gordon, Rev. Gibson and Vice -Mayor Plummer.
NOES: None.
ABSENT: Mr. Lacasa and Mayor Ferre.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8917
The City ATtorney read the ordinance into the public record and
announced that copies were available to the members of the City Com-
mission and to the public.
5. SECOND READING ORDINANCE: ESTABLISH NEW TRUST AND
AGENCY FUND - "SCULPTURE EXHIBIT - BICENTENNIAL PARK'.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719,
ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT APPROPRIA-
TIONS ORDINANCE, BY ESTABLISHING A NEW TRUST AND AGENCY
FUND ENTITLED: "SCULPTURE EXHIBIT - BICENTENNIAL PARK;"
AND APPROPRIATING A GRANT AWARD IN THE AMOUNT OF $500
FROM THE FINE ARTS COUNCIL OF FLORIDA FOR SAID PURPOSE;
CONTAINING A REPEALER AND SEVERABILITY CLAUSE.
passed on its first reading by title at the meeting of March 22, 1979, was
taken up for its second and final reading by title and adoption. On
motion of Commissioner Gordon, seconded by Commissioner Gibson, the Ordinance was
thereupon given its second and final reading by title and passed and
adopted by the following vote -
AYES: Rev. Gibson, Mrs. Gordon and Mr. Plummer.
NOES: None.
ABSENT: Mr. Lacasa and Mayor Ferre.
THE ORDINANCE WAS DESIGNATED ORDINANCE N0. 8918
The City ATtorney read the ordinance into the public record and
announced that copies were available to the members of the City Com-
mission and to the public.
'pr: 1 9 1572
6. AUTHORIZE CITY MANAGER TO ACCEPT CONTRIBUTIONS OF
MONIES FOR COMMEMORATIVE PLAQUES AND RELATED ITEMS-
"CUBAN MEMORIAL PLAZA AND MEMORIAL BOULEVARD PROJECT."
AN ORDINANCE ENTITLED -
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT EITHER
PERSONALLY OR THROUGH HIS DESIGNEE PRIVATE CONTRIBUTIONS OF
MONEY FOR THE PURPOSE OF PURCHASING COMMEMORATIVE PLAQUES
AND RELATED ITEMS FOR THE CUBAN MEMORIAL PLAZA AND MEMORIAL
BOULEVARD PROJECT; AND FURTHER ESTABLISHING A NEW TRUST AND
AGENCY FUND ENTITLED: "CUBAN MEMORIAL BOULEVARD PLAQUES,"
FOR THE DEPOSIT OF PRIVATE CONTRIBUTIONS SOLELY FOR THE
PURPOSE OF PURCHASING PLAQUES AND RELATED ITEMS FOR SAID
PROJECT; FURTHER DIRECTING THE CITY MANAGER TO ARRANGE FOR
INSTALLATION OF SUCH PLAQUES AND RELATED ITEMS WITH CITY
FORCES; CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE.
Was introduced by Commissioner Gibson and seconded by Commissioner Gordon
and passed on its first reading by title by the following vote -
AYES: Mrs. Gordon, Rev. Gibson and Vice -Mayor Plummer.
NOES: None.
ABSENT: Mr. Lacasa and Mayor Ferre.
The City Attorney read the ordinance into the record and stated that copies
had been furnished to the commissioners and that copies were available to the
public.
7. INCREASE SPECIAL PROGRAMS AND ACCOUNTS FOR THE PURPOSE
OF FUNDING DADE COUNTY SCHOOL BOARD COMMUNITY SCHOOLS
AND AFTER SCHOOL CARE PROGRAMS FOR A 45-DAY PERIOD.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTIONS 1 AND 6 OF ORDINANCE NO. 8858,
ADOPTED SEPTEMBER 28,1978, THE ANNUAL APPROPRIATIONS ORDINANCE
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1979, AS AMENDED, BY
INCREASING THE APPROPRIATION FOR SPECIAL PROGRAMS AND ACCOUNTS,
SOCIAL SERVICE PROGRAMS, IN AN AMOUNT OF $45,350; AND BY IN-
CREASING ANTICIPATED REVENUES, SOURCES OTHER THAN AD VALOREM
TAX, IN THE SAME AMOUNT; FOR THE PURPOSE OF FUNDING DADE
COUNTY - COMMUNITY SCHOOLS AND DADE COUNTY - AFTER SCHOOL CARE;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Gordon and seconded by Commissioner Gibson
and passed on its first reading by title by the following vote -
AYES: Rev. Gibson, Mrs. Gordon and Vice -Mayor Plummer.
NOES: None.
ABSENT: Mr. Lacasa and Mayor Ferre.
The City Attorney read the ordinance into the record and stated that copies
had been furnished to the commissioners and that copies were available to the
public.
tl6
'APR 1 9 1979
BA. CONDOLENCES IN THE DEATH OF MILDRED PEPPER.
The following resolution was introduced by Commissioner Gibson who moved
its adoption:
RESOLUTION NO. 79-246A
A RESOLUTION EXPRESSING THE DEEPEST SORROW AND GRIEF OF THE
CITY COMMISSION TO CONGRESSMAN CLAUDE PEPPER UPON THE PASSING
OF HIS WIFE, MILDRED PEPPER, AND TO HER FAMILY AND FRIENDS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the resolution was passed and adopted
by the following vote -
AYES: Mrs. Gordon, Rev. Gibson, Mr. Plummer and Mayor Ferre.
NOES: None.
ABSENT: Mr. Lacasa.
8B. CONDOLENCES IN THE DEATH OF CLAIRE WEINTRAUB.
The following resolution was introduced by Commissioner Gibson who moved
its adoption:
RESOLUTION NO. 79-246B
A RESOLUTION EXPRESSING THE DEEPEST SORROW AND GRIEF OF THE
CITY COMMISSION TO SYDNEY WEINTRAUB UPON THE PASSING OF HIS
WIFE, CLAIRE WEINTRAUB, AND TO HER FAMILY AND FRIENDS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the resolution was passed and adopted
by the following vote -
AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre.
NOES: None.
ABSENT: Mr. Lacasa.
'PR 4 9 1072
9. CONDOLENCES IN THE DEATH OF SAM BLANK.
The following resolution was introduced by Commissioner Gibson who moved
its adoption:
RESOLUTION NO. 79-247
A RESOLUTION EXPRESSING THE DEEPEST SORROW AND GRIEF OF
THE CITY COMMISSION TO THE FAMILY AND FRIENDS OF SAM BLANK.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the resolution was passed and adopted
by the following vote -
AYES: Mr. Plummer, Mrs. Gordon, Rev. Gibson and Mayor Ferre.
NOES: None.
ABSENT: Mr. Lacasa.
10. CONDOLENCES IN THE DEATH OF M. LEWIS HALL SR.
The following resolution was introduced by Commissioner Gibson who moved
its adoption:
RESOLUTION NO. 79-248
A RESOLUTION EXPRESSING THE DEEPEST SORROW AND GRIEF OF THE
CITY COMMISSION TO THE FAMILY AND FRIENDS OF M. LEWIS HALL, SR.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the resolution was passed and adopted
by the following vote -
AYES: Rev. Gibson, Mr. Plummer, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Mr. Lacasa.
58
'PR 19iig
11. PROCLAMATIONS, PLAQUES AND SPECIAL ITEMS.
A. Presentation of a proclamation designating the week beginning April 16,
1979 as "Greater Miami Hotel and Motel Association Week" to Marley Halvorsen,
President and Bob Jackson, Executive Director of the Greater Miami Hotel
and Motel Association.
B. Presentation of a proclamation designating the date of February 22, 1979
as "Mana Zucca Day." Ms Zucca is a world renowned artist.
C. Presentation of a proclamation designating April 21, 1979 as "Dia del Ballet
Folklorico Puertorriqueno" to Adaljisa Martinez, Director of the Puerto
Rican Folkloric Ballet.
D. Presentation of Certificates of Appreciation to Rudy and Juanita Juarez.
Mr. and Mrs. Juarez are being honored for their contribution to the general
welfare of the community.
E. Presentation of a proclamation designating the week beginning April 22,
1979 as "National Secretaries Week" to Harriet Hagerich, Co -Chairpersons
and Adele Gonzalez, First Vice President of the National Secretaries Week
Association.
F. Presentation of a proclamation designating April 28, 1979 as "Keep America
Beautiful Day" to Reverand John Nagy.
G. Presentation of a Commendation to Esteban Lamela, renowned television
personality for his untiring efforts on behalf of the greater Miami com-
munity, especially among Hispanics.
H. Presentation of a plaque to Mr. Ralph Parks upon his retirement after 16
years of loyal and outstanding service in the City of Miami's Accounting
Department.
I. Presentation of a plaque to Lamar Culpepper upon his retirement after 39
years of service in the City of Miami's Sanitation Department.
J. Presentation of a Certificate of Appreciation to Mike Ruano, Manager, Local
415-475 Ladies International Garment Union.
53
APR 1 9 197I
12. RECEIVE AND OPEN SEALED BIDS - SOUTH BAY SANITARY
SEWER IMPROVEMENT SR-5454-C.
The following motion was introduced by Commissioner Plummer, who moved its
adoption:
MOTION NO. 79-249
A MOTION TO OPEN SEALED BIDS FOR THE CONSTRUCTION OF SOUTH
BAY SANITARY SEWER IMPROVEMENT DISTRICT SR-5454-C.
Upon being seconded by Commissioner Gordon, the motion was passed and
adopted by the following vote:
AYES: Mrs. Gordon, Mr. Plummer, Rev. Gibson and Mayor Ferre.
NOES: None.
ABSENT: Mr. Lacasa.
BIDS WERE RECEIVED FROM THE FOLLOWING:
Gianetti Brothers Construction Corp.
Intercounty Construction Corp.
Goodwin Inc.
Martin - chaney equipment
Iacobelli contracting inc.
13. DISCUSSION OF PROPOSED "LATIN QUARTER" FOR THE CITY
OF MIAMI AND AUTHORIZE $25,000 FOR CONTINUED
FUNDING.
Mr. Jim Reid: Mr. Mayor, you may recall on February 22nd Mr. Alvarez was here
to discuss with the Commission the concept for a Latin Quarter in a portion of
Little Havana and it was a suggestion at that time that the idea be discussed
with the Community Development Task Force and the community in general before
coming back to the Commission for any action. Now that has been done, on March
30th a meeting was held with the Community Development Task Force and there
was overwhelming support for the proposal. On April 17th there was a public
hearing in the community sponsored by the City of Miami and the Community Devel-
opment Task Force at which time the concept was presented and then again given
overwhelming approval. What we would like to do today is quickly review the
ideas that Mr. Alvarez presented at these public meetings and then ask for an
action to carry this idea further in terms of implementation.
Mayor Ferre: A11 right, go right ahead.
Mr. Raul Alvarez: My name is Raul Alvarez. I'm project director for Little
Havana Development Authority, 970 S.W. 1st Street. The Little Havana Develop-
ment Authority is formed by residents, merchants and professionals of the Lit-
tle Havana area. I would like to make a slide presentation, if you could dim
the lights I can go ahead with it. In 1973 I showed some of the members of
the Commission that same slide that said "The End". We began with the end be-
cause we wanted to change some things in the area. We showed at that time we
needed help from the Commissioners and members of LHDA, presented the need of
that time which was a park. We showed that in an area of 40 blocks by 28
blocks there were no parks and we came up with the concept for a mini -park.
We felt that was what is called an oasis in the midst of the asphalt jungle.
That picture that you see there was in the National Geographic Magazine of
July, 1968. Those people who are playing dominoes, they are still playing
domino at the same place where the Domino Mini -Park is built. After three
years we got the park built. This has become a kind of a land -mark for the
area and definitely a tourist attraction. Even though the sign says 10 P.M.
anyone that goes there by 12 midnight, people are still playing. We came
again in 1974 to the City Commission asking for help. The merchants in the
area were moving away because there was not enough traffic. We requested your
help to develop in conjunction with the Planning Department a pilot area be-
tween 12th and 17th Avenue. The plazas are now built, they were designed at
that time. We had to coordinate along with the Planning and Public Works
6u
PR 1 9 1979
I
Departments 16 other agencies including the State of Florida Department of
Transportation. The trees were planted, the bougeanvilleas have grown, have
flowers and the customers have come back to the area. Later on in 1975 we
also came, this time it was a much bigger project. It was in conjunction
with Dade County and the City of Miami a study for the beautification of S. W.
8th Street. Working with residents and merchants of the area we studied sev-
eral of the problems that we had,off-street parking, pedestrian crossings,
bus stops and a pilot area was developed between Beacom Boulevard and 26th
Avenue. I'm going to show you what happens once you put trees on the street.
This happens to be a year ago during Open House Eight. Those trees planted
on the sidewalk and on the parking lanes makes all the difference in the world.
If we turned right and take a look looking east, that is the difference and
you can tell what happens when you put just trees in the area. That was a
picture again in National Geographic Magazine, July of 1968. That's what the
stores looked like. We found eight years later that not much had happened to
those stores, still there was no character, they were very run down stores.
We came for your help and you provided funds, the first $25,000 for a facade
treatment helping the merchants of the area to develop a concept of fixing up
the buildings. This is the first building that was done after eight months
of paper work, red tape and a lot of patience. Other merchants fixing up
their buildings in the area, again this is in the pilot area between 12th and
17th so we found out that with very little money - seed money - and trees and
very little money we have helped the area tremendously. We had a few walls,
those walls where the paint was flaking off, very bad shape, so a group of
students called Arte Ocho, that together with donations of paints and brushes
through CD money and the cooperation of the Little Havana Development Author-
ity we instituted a number of murals - that happens to be at Sheehan Buick
(referring to a slide). Murals painted by students or professionals that came
into the area to do this work. We have children playing on the streets and
in conversation with the City Manager we are trying to resolve the riverfront
park. Hopefully next year when I come to you we'll have a design for the river -
front park and maybe we will have already broken ground. LHDA, the Little
Havana Development Authority has again worked with the residents and the City
of Miami, in this case I think it was the Planning Department in establishing
the Cuban Memorial Plaza that you all were there two days ago. This was in
cooperation with the Cuban Museum of Arts and Culture, a historical exhibit
that now we have permanent maps and permanent things in that Cuban Memorial
Plaza. Several of the activities go once a year, this is one that happens in
the month of January, is the three wize kings, the Three Kings Parade. We
also have the Semana Hispanica or the Hispanic Week in October, we have the
Latin Summer Fiesta in the summer and, of course, the most successful of them
last year it was Open House, over 120,000 people, this year over 200,000 people.
We find that during those events different parts of the Latin culture are shown
to the visitors to the area, things that they taste, they look, they smell,
makes those events quite interesting for visitors to the area. Restaurants
have changed, have added new signs because of the influx of the people that
come after these events. They already know the area, they come back and have
made restaurants flourish and even small theaters like Las Mascaras is getting
a tremendous crowd of people coming after these events. Everything seems to
be rosy, things are happening, after six years I would say a lot has been done,
still a lot has to be done. That happens to be the absentee owners who are
very happy because the rent has quadrupled or are five times what they used
to get six years ago. We're going to have to do something about making people
owners of their own businesses. You are all aware of the tremendous tourist
influx. The U.S. Travel Service in cooperation with the Office of Economic
Development of Dade County and the Office of Trade and Commerce of the City
of Miami provided for a grant to a study of the tourist potential and the
possibility of the creation of a Latin Quarter in the Miami area. We put
together several of the possible solutions. We had to think hard because we
don't have in Miami the old buildings that New Orleans has but we do have what
is called a living culture, a living culture of unique things that happen
every day in front of our eyes but we're not aware of it unless someone points
it out to us. What is commonplace for us is new for other people visiting the
area. We feel that a living culture with the items that this living culture
provides are very very unique and it could be the ingredients for a different
type of Latin Quarter. We have the Spanish background that we can tap on, we
have a fabulous climate for outdoor cafes, we have tropical vegetation that
it can turn the area into a magnificent place. Now are we really dreaming?
Well, is it possible to have a two or three story hotel with the patios and
the fountains? I'll say yes. And why have we said yes? Well, someone just
a few years ago in Palm Beach at Via Misner, Worth Avenue did the work. They
did not raze the buildings down, they kept the bulldozer away and they re-
modeled. They brought the character slowly into the area and this we feel
61
APR 1 9 1979
can be accomplished very very easily if we can work together with the City of
Miami as we have done in the past and create something that we can be very
proud of. The Latin Quarter concept has been approved by the residents and
merchants of the community, the reception is tremendous. We do have some very
basic problems like off-street parking, we are having because of the tremen-
dous success on S.W. 8th Street the small merchants who have been there ten,
fifteen years, the rent has been going up, up and up to the point that they
have to move out of the area because there is no other commercial area in that
place. We would like, we feel very strongly that the Latin Quarter Concept
Report is really a step in the right direction in coordinating the efforts of
several government agencies and establishing a unity of concept for the area
in lieu of the fragmented use that the area has had in the past. This is a
long range project. If it took three years to build a mini -park we contem-
plate that five to ten years is going to be a very reasonable time but we have
to start right now with the proper zoning and the proper studies. So we would
like to come again like we did in 1973, 74, 75 and 76 to request from the City
Commission to help us in getting this first step in the right direction by
implementing our recommendations of the Latin Quarter Report.
Mayor Ferre: All right, I think that is a very comprehensive statement on your
part and I now open it up for any questions from the members of the City of
Miami Commission.
Mr. Plummer: If I'm not mistaken, what you're asking of us today later on in
the agenda is further funding, is that correct?
Mr. Alvarez: That is correct.
Mr. Plummer: Of $25,000.
Mr. Alvarez: Yes, sir.
Mr. Plummer: All right, sir. Now, Mr. Grassie, your recommendation?
Mr. Grassie: We would recommend, Commissioner, that this effort be supported
by the City and that we continue funding of this organization.
Mr. Plummer: What item is that, Mr. Grassie?
Mayor Ferre: Item C. Where are we going to get the $25,000?
Mr. Grassie: The expenditure is not on your agenda. This is an eligible CD
expenditure and we would anticipate that the money would come from that source.
Mayor Ferre: Does it have the approval of the CD president?
Mr. Plummer: Or board?
Mayor Ferre: There is no board. Where is the CD President? All we have to
have is one person stand up and say Okay and that's it. Where is she?
Mr. Alvarez: Mrs. Cofino was here a moment ago.
Mrs. Gordon: What number is that on the agenda?
Mayor Ferre: Item C
Mrs. Gordon: No, on the agenda, it's on the agenda for allocation.
Mayor Ferre: Is Anita Cofino here? All right, Anita Cofino, you are the
board. I'm going to give you a live example of how this functions. You're
the President, now tell us do you want this yes or no?
Mrs. Cofino: Yes.
Mrs. Gordon: Okay. Now, may I ask a question, Mr. Mayor, for clarification?
I appreciate Anita Cofino expressing herself and that's great and I'm for it
and I'm going to vote for it. Okay? I just want to clarify the structure
of what we're talking about. Anita, in your capacity as chairperson do you
make decisions unilaterally or do you have a meeting with the community?
Mrs. Cofino: No, we had a meeting with the community.
i)2
A F R 1 9 1919
Mrs. Gordon: You had a meeting and the community approved this.
Mrs. Cofino: Unanimously.
Mrs. Gordon: Great, that's exactly what I wanted you to say.
Mayor Ferre: When was the committee meeting held, Anita?
Mrs. Cofino: It was held in the auditorium of the Little Havana, it was held
two days ago.
Mrs. Gordon: That's the forum process, Mr. Mayor.
Mayor Ferre:
Mrs. Cofino:
Mrs. Gordon:
How many people were present?
I'd say about 40 or 50 people.
That's fantastic.
Mr. Alvarez: Mrs. Gordon, you were concerned last time on February 22nd when
I was here that there was a number of Anglos living in the area that they
should express their opinion.
Mrs. Gordon:
Mr. Alvarez:
We had, about
to know that.
Yes, you had a public hearing on the 17th, what were the results?
We had a public hearing and it was a bi-lingual public hearing.
50% of the people were English speaking people and I wanted you
Mrs. Gordon: Yes, and what was their opinion? They were all in favor?
Mrs. Cofino: Yes. Let me say something, Commissioner Gordon. I have to con-
gratulate Mr. Alvarez as I did to Mr. Gort and Mr. Casanova from community
development because they conducted the meeting bi-lingually so nice and so
specifically, it was beautiful.
Mrs. Gordon: That's a demonstration of the process at it's best.
Mrs. Cofino: It was beautiful the way they conducted the meeting.
Mrs. Gordon:
Mayor Ferre:
Mr. Lacasa:
Mrs. Gordon:
Mayor Ferre:
Very good.
Okay, there is a motion and a second...
I'd like to make a motion.
I made the motion to approve....
Mr. Lacasa had made the motion.
Mrs. Gordon: I'll second it then.
The following resolution was introduced by Commissioner Lacasa, who moved
its adoption:
RESOLUTION NO. 79-250
A RESOLUTION AUTHORIZING THE EXPENDITURE OF $25,000 FROM
FOURTH YEAR COMMUNITY DEVELOPMENT FUNDS FOR THE PREPARATION
OF A DETAILED DEVELOPMENT PLAN TO CARRY OUT THE CONCEPT OF
A "LATIN QUARTER" IN THE CITY OF MIAMI, WHICH CONCEPT WAS
PRESENTED TO THE CITY COMMISSION ON FEBRUARY 22, 1979.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the resolution was passed and
adopted by the following vote -
AYES:
Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
rt
e o o 4 9 191i
14. PRESENTATION: ARCHITECTURAL DESIGN FOR NEW SOLID
WASTE DEPARTMENT ADMINISTRATION BUILDING.
Mr. David Morton: My name is David Morton, I'm the vice-president of Morton,
Wolfberg► Alvarez and Taracido, Seiglie & Frese located here in Coconut Grove.
We were commissioned several months ago by the Commission to work with the
Solid Waste Department in developing a new office facility for them over in
what I guess is best described as the Incinerator Complex at N.W. 12th Avenue
and 20th Street. What we've done in the interim working with your design com-
mittee is develop a facility that fits in with the overall Heavy Equipment
Complex and Incinerator Complex at that location - the Heavy Equipment Facil-
ity here on the west nearing completion, you'll act on that later today to set
a dedication date; the fueling facility which is currently in operation, the
existing garbage fleet parking area at the southern portion of the property,
the eastern property has Incinerator #1 and at the northeast corner an exist-
ing Fire Station. Our design studies have led us to locate the Solid Waste
Department new facility at the southern central portion of that property. It's
a two block area, we felt this was the best location, it gives us good driver
access from their cars and the way we have this set up we have complete secur-
ity for the City operated vehicles in their periods of non-use. We also have
good administrative proximity for Mr. Patterson and his staff. A blow up of
the immediate area surrounding their facility, we have staff and visitor park-
ing immediately to the north and also on the access road to the south, this
is the main facility which houses both the Credit Union and the Solid Waste
Department Administrative as well as the equipment operator facilities, their
locker rooms, meeting rooms and sport facilities for them. To the west of the
building we have the street sweeper repair facility so these two buildings
emphasize....
Mr. Plummer: What did you say about the Credit Union?
Mr. Morton: If I may, sir, we have the Credit Union currently located in
Incinerator #1. It was relocated into this building as a part of our initial
program - I'll start at the top and work down here if I may. We have the
Credit Union located on the second floor coming in through a common lobby,
this is the administrative area for the Solid Waste Department, open staffing
area through here, Office areas, conference areas located on the north portion
so the Credit Union is located in this particular space.
Mr. Plummer: Is that Credit Union just for the Sanitation Department?
Mr. Morton: Basically yes, sir. It handles the Sanitation Department, it
will handle the Heavy Equipment Vehicle Facility nearing completion and also
the automotive complex east on loth Avenue. The first floor of the facility,
we have the general meeting area where the drivers come first thing in the
morning to check in. We have the locker complex, it gives them full sanitary
facilities as well as locker storage and then we have the immediate staff that
works more closely on a day to day basis with the drivers also in that area.
From a design standpoint we've tried to stay very close to the original con-
cepts developed for the Heavy Equipment Facility going into a precast concrete
type facade, maintenance free. We had good economy on this original facility
and we'd like to continue that concept throughout. You can see from the model
the basic configuration of the building, very straight forward, it should be
very economical to build; and just a small floor plan of the shop floor plan
where they do the repairs for the street sweeping equipment. Do you have any
questions on that?
Mr. Plummer: What's the cost?
Mr. Morton: Our estimates right now are about $620,000, I believe we have a
$700,000 budget on the project, we anticipate being slightly below budget.
Mr. Plummer: For how many square feet?
Mr. Morton: Just under 14,000 feet, sir, completed.
Mr. Plummer: $700,000 for 14,000 square feet?
Mr. Morton: Yes, sir.
64
APR 1 9 1972
Mr. Plummer: Isn't that a little expensive?
Mr. Morton: Not on today's market, sir, I wish I could say it wasn't but based
on our experience in the bids that are coming in not only city-wide but county-
wide this is what they're paying these days.
Mr. Plummer: When you were given your instructions to draw up your set of
specs how were they given to you, with a dollar figure or were they given to
you with the need?
Mr. Morton: We were given a maximum budget and we were also given a program
that defined the various elements that had to go into the facility.
Mr. Plummer: What was that maximum budget?
Mr. Morton: About $750,000, sir.
Mr. Plummer: That doesn't include your fee, does it?
Mr. Morton: No, it doesn't.
Mr. Plummer: It doesn't include any cost of land?
Mr. Morton: The cost of land I believe it's your's so I'm not sure how you
figure that.
Mrs. Gordon: What did you say the total cost was, $700,000?
Mr. Morton: No, the original budget that we were given, ma'am, was $750,000.
We anticipate $617,000.
Mrs. Gordon: 617 and how many square feet did you say?
Mr. Morton: 14,000.
Mrs. Gordon: That comes in around what, $40 a square foot or a little bit more?
Mr. Morton: A little bit more.
Mrs. Gordon: Is that the market now?
Mr. Morton: Yes, ma'am, unfortunately.
Mrs. Gordon: Expensive, but what kind of finishing is this structure, you
know for $45 a square foot what....?
Mr. Morton: Basically the exterior we're continuing the precast concrete
motif that was developed on the Heavy Equipment Facility. We've found this
to be not only economical but also maintenance free over the life of the pro-
ject so you won't have an annual painting problem and that type of thing on
your exterior. Interior, we're using very basic construction, it's finished
office space but....
Mrs. Gordon: Air conditioned, of course?
Mr. Morton: Yes, ma'am, everything is air conditioned in there.
Mrs. Gordon: What kind of flooring do you figure in a deal like that?
Mr. Morton: Basically I think the administrative areas will probably have
an industrial type carpet, the lower areas where we've got heavier traffic
will be vinyl tile.
Mrs. Gordon: They're finished floors in other words, they have finish on
them, they're all finished floors.
Mr. Morton: Yes, ma'am, everything will be totally finished and that's a
walk-in figure.
Mr. Plummer: What amount of money has been put away for art?
Mr. Morton: Your ordinance says a percent and a half, sir. Your ordinance
requires a 112t.
llb
APR 1 9 1979
Mr. Plummer: That's $105,000? Excuse me?
Mr. Morton: No, $15,000 I believe.
Mr. Plummer: $15,000, is that included in the figure?
Mr. Morton: Yes, sir.
Mr. Plummer: In the $670,000.
Mr. Morton: Right, so your basic building cost is right at about $600,000.
Mr. Plummer: And what is the furniture and fixtures?
Mr. Morton: I haven't been involved in that. Do you have furniture figures,
Mr. Patterson? It's not in that figure.
Mr. Plummer: Well how much are they?
Mr. Morton: I would imagine it's a relocation, they have their existing offices
now, sir.
Mr. Plummer: Don't assume that in this City, sir, you're wrong. I wish it
were true. Could this building be built for less money at 14,000 square feet?
Mr. Morton: If we went into a pre -fabricated structure conceivably yes, it
won't last you as long, it won't serve you as well.
Mr. Plummer: How much cheaper could it be built?
Mr. Morton: Maybe 10%, 15%.
Mr. Plummer: In other words what you're saying is you don't think this build-
ing could be built for $500,000, 14,000 square feet?
Mr. Morton: No, I don't believe so, and not be able to say as a professional
that I'm giving you something that's going to last you the period of time you're
looking for. We're looking at basic construction.
Mr. Plummer: I'm looking at basic dollars which we don't have. Would we be
better off building it all on one floor?
Mr. Morton: No, sir, I think that the site, if I can go back to that site
plan, we basically went to the two story configuration because you have a lim-
ited site out there. You've got a lot of open ground but right now between
your staff parking and your truck parking you've got a lot of safety problems
and we're trying to minimize building footprint.
Mr. Plummer: Was it your firm who recommended against the reconversion of the
present incinerator?
Mr. Morton: We brought that topic up as a point of discussion, yes, we did.
Mr. Plummer: It was my understanding that you recommended against conversion.
Mr. Morton: Recommended against conversion of the existing facility? We, to
put it in context, we looked at the existing incinerator as a potential profit
center for the City. It was our opinion that had we located these facilities
in the existing building we would have introduced a problem area into a poten-
tial project. Now that's being studied right now at this time and studies
have not been complted as to the potential of that incinerator so we're look-
ing somewhat on speculation but I think a study done by the City did indicate
that there is a tremendous market potential for office space in that area.
Mr. Plummer: On City property?
Mr. Morton: This would have to be within whatever legislative or ordinances
that you have. You have it in the marinas, you have it in some restaurant
facilities, I think you have the vehicle.
Mr. Plummer: Mr. Patterson, do you have the....?
Mr. Patterson: (INAUDIBLE, NOT USING MICROPHONE)
66
A PO 1 9 197!
1
Mr. Plummer: How much relocation cost?
Mr. Patterson: (INAUDIBLE, NOT USING MICROPHONE) ... We will do most of it
ourselves.
Mr. Plummer: Well, you've got a lot of cost factors of telephones and all of
that stuff to transfer over.
Mr. Patterson: Yes, we don't have that at this moment.
Mr. Plummer: It's already been back. Okay, when does it go out to bidding?
Mr. Patterson: We have to get a final design
Mayor Ferre: Are there any further questions of Mr. Patterson? If not, con-
gratulations....
Mr. Plummer: No, I asked a question. When is it going out to bid?
Mr. Morton: We're scheduled to complete our design development basically to-
day with your concurrence. We'll be going into construction documents which
I believe take about 60 days, 30 days I think is your normal bidding process
Mayor Ferre: Nice looking building, Joe, do you agree?
Mr. Morton: Ninety to 120 days I would anticipate construction to start.
Mr. Grassie: Yes, sir.
Mayor Ferre: All right, anything else? Thank you very much.
15. ALLOCATE MATCHING FUNDS FOR PURCHASE OF NEW VEHICLES
FOR ACTION COMMUNITY CENTER, INC.
Mayor Ferre: Now we are on the discussion of the request for additional finan-
cial assistance by Action Community Center. All right, Mrs. Albo and Mr. Blanco.
Mr. Plummer: The memo speaks for itself.
Mayor Ferre: Mr. Blanco is an attorney for Mrs. Albo, right?
Mr. Blanco: Yes, sir.
Mr. Plummer: Attorney?
Mr. Blanco: Mr. Mayor, Commissioners, we are here today, I think you are aware
about a year ago we started to work with the federal government and the state
government to try to get the five new buses to replace the five old ones that
we got and finally about a month ago we received the good news that the governor
is willing to give us the $58,000 that is their part, 80% and that we do have
to get $14,520 from any other sources - a matching fund - so that way we can
have the five old buses out of service because as many times I've told you that
they....
Mrs. Gordon: What do you think the salvage value is of the old buses?
Mr. Blanco: I don't think they're worth anything today, they are in such bad
shape.
Mrs. Gordon: Do they run?
Mr. Blanco: They run but most of the time they are broken down. There is
only one, the first vehicle that we bought brand new four years ago is the
one that is in the best shape, it's a 1973 van.
Mrs. Gordon: It's in good shape you think?
APR 1 9 1919
Mr. Blanco: Yes.
Mrs. Gordon: Well, I'm in favor of them having the new vehicles to conduct
their business in a way that will keep them from having so many breakdowns but
I think that we ought to try to get some salvage out of the used vehicles by
sale of those vehicles and apply that to the investment we're making so they
can get the new ones.
Mayor Ferre: Do you have any objection to that?
Mr. Blanco: No, sir, four of the vehicles belong to the City of Miami.
Mayor Ferre: Do we have title to them?
Mr. Blanco: Yes, sir.
Mayor Ferre: Now let me ask you this question which is what concerns me: Who
would have the title to the new vehicles?
Mrs. Gordon: The City.
Mr. Blanco: They will belong to the DOT, the Department of Transportation for
five years. After five years - they consider the duration of the vehicles to
be five years - the contract is for five years. After five years we will pass
it to you people.
Mrs. Gordon: After five years what?
Mr. Blanco: We will be passing those permits to you.
Mayor Ferre: So in other words the title would be in the Department of Trans-
portation for five years
Mr. Blanco: Mr. Mayor, this is my interpretation of the contract that they
gave to us because they said the duration of any vehicle below $30,000 they
consider the lifetime to be five years with the compromise that
so I do believe that after five years the vehicles will be passed to you.
Mayor Ferre: All right, what is the will of this Commission?
Mrs. Gordon: I move approval with the understanding that we're going to sal-
vage as much as we can.
Mayor Ferre: We're going to take the old equipment and sell it, salvage it so
that it will be part of the payment.
Mrs. Gordon: Right.
Mr. Plummer: Well just let me ask a question so that I understand now. Am I
then to understand that the old equipment will not have any useful purpose in
the program?
Mr. Blanco: Only one of
were trying to see if we
Mr. Plummer: All right,
them, we were planning to use the number one bus, we
could save that and make another wheelchair out of it.
in other words I'm in full accord that once the vehicles
have become obsolete or not being used to supplement the program that they be
sold and the proceeds come back to help supplement the new ones. Mr. Mayor, I
don't want to take all the old vehicles and just carte blanche say sell them
if one of them could be used.
Mrs. Gordon: There may be a need for them within the City but what I'm trying
to say is that I would hate to see them given away to some entity that you know,
there are a lot of places....
Mr. Plummer: Rose, if the wording or the understanding is once they have no
more use in the program the proceeds come back to the City I have no problem
with that.
Mr. Blanco: To tell you the truth I don't think any one of them will be worth
anything to anybody.
Mrs. Gordon: Since they're no good, Okay, we want to salvage them.
APR 1 9 1979
4 4
Mr. Grassie: Several points of information, Mr. Mayor. First, we don't have
any budgeted funds for this particular purpose.
Mayor Ferre: Oh, that's the good news, right? Now tell us the bad news.
Mr. Grassie: The bad news is that there is no provision in the contract that
we've been able to find for any ownership of the vehicles other than the fed-
eral government. The federal government will own all of the equipment that
is paid for in part this way by the City but....
Mayor Ferre: They're putting up how much?
Mr. Plummer: Fifty-eight.
Mayor Ferre: We're putting up fourteen?
Mr. Grassie: Fourteen.
Mayor Ferre: Well, if I put up 58 and you put up 14 I'd want to own the equip-
ment too.
Mr. Plummer: I don't know why, with the amount of mileage these things get
on them what the hell would you want to own them for.
Mr. Grassie: But I think most important of all is that the City Commission
needs to be aware of the fact that these vehicles are of no use without drivers.
Mayor Ferre: Who drives them now?
Mr. Grassie: People who are paid for with CETA funds and you know what the
circumstances are with CETA funds.
Mayor Ferre: Yes, the circumstances are that we're going to lose 600 CETA
people and gain 500 and none of the 500 are going to be going to ACTION, right?
They can't drive them.
Mr. Grassie: No, that is not true. The point, Mayor, is that none of them
are going to make more than $7,020.
Mayor Ferre: Do you understand that, Mr. Blanco?
Mr. Blanco: Yes, we do.
Mayor Ferre: Are you going to be able to get people to drive for $7,000?
Mr. Blanco: So far we've got two of them because all the other ones that we
have in the program, they won't be affected until September.
Mayor Ferre: Okay, I just want to make sure that we understand that the new
CETA regulations are not like the old CETA regulations. Those men or women
can only make $7,020. Okay. Now we get to the first point, where are we going
to get the money, Mr. Grassie? Don't laugh, just tell us where. I know it
hurts.
Mr. Grassie: I don't have a source of money at this point, Mr. Mayor. You
know you have to understand that we're going through the process of asking
our departments to cut all sorts of things. Now if you want to provide funds
for this what we'll have to do is go back into the budget and see where we
can get it.
Mayor Ferre: There's a motion and a second, I'm sure you understand the in-
tention. Further discussion?
Mrs. Gordon: I have a question. Mr. Blanco, do you transport people who are
maybe Dade County residents to help them out and, therefore, they should con-
tribute some money?
Mr. Blanco: No, even that we got $10,000 from Community Development of Dade
County this program only transports people who are living in the City Limits.
Mrs. Gordon: We have to recognize what we're dealing with, handicapped people,
old people, sick people, you know. Maybe we won't renovate this room or the
rooms upstairs but I think we need to fund this program.
400 1 9 19�
(iJ
AYES:
NOES: None.
The following motion was introduced by Commissioner Gordon who moved
its adoption:
MOTION NO. 79-251
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ALLOCATE $14,525 TO "ACTION COMMUNITY CENTER" AS THE CITY'S
PORTION OF MATCHING FUNDS FOR THE PURCHASE OF FIVE (5) NEW
TRANSPORTATION VEHICLES; FURTHER PROVIDING THAT THE CITY
OF MIAMI WILL SALVAGE ANY USABLE EXISTING VEHICLES.
Upon being seconded by Commissioner Lacasa, the motion was passed and
adopted by the following vote -
Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
16. ESTABLISH DATE OF DEDICATION OF HEAVY EQUIPMENT
MAINTENANCE FACILITY.
After discussion, it was agreed upon to dedicate the Heavy Equipment
Maintenance Facility on May 24, 1979 at 12:00 O'Clock Noon.
17. CHANGE DATES OF CITY COMMISSION MEETINGS FOR THE
MONTH OF MAY, 1979.
The following motion was introduced by Commissioner Gibson who moved
its adoption:
MOTION NO. 79-252
A MOTION CHANGING THE DATES OF THE REGULAR CITY COMMISSION
MEETINGS IN THE MONTH OF MAY, BY CHANGING THE MEETING PREV-
IOUSLY SCHEDULED FOR THE 10TH OF MAY TO TAKE PLACE ON MAY
22ND AT 9:00 O'CLOCK A.M., AND FURTHER ESTABLISHING 1:00
O'CLOCK P.M. AS THE TIME FOR THE MEETING TO TAKE PLACE ON
MAY 24, 1979; AND FURTHER PROVIDING THAT THE DEDICATION OF
THE HEAVY EQUIPMENT MAINTENANCE FACILITY WILL TAKE PLACE
AT NOON, MAY 24, 1979.
Upon being seconded by Commissioner Lacasa, the motion was passed and
adopted by the following vote -
AYES: Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
rio
A F R 1 9 19Th
18. APPOINT MEMBERS TO THE CITY OF MIAMI WATERFRONT BOARD.
After having made nominations and after having cast ballots, the City
Commission appointed the following individuals to the Miami Waterfront Board:
William G. Sawyer
Read S. Ruggles
Ann Ramus
Vergilio Perez
Peter B. Anderson
Laura O'Brien
Tom Dixon
William Sorg
Juvenal Pina
The following resolution was introduced by Commissioner Gordon who moved
its adoption:
RESOLUTION NO. 79-253
A RESOLUTION APPOINTING NINE INDIVIDUALS AS MEMBERS OF THE
RECENTLY CREATED MIAMI WATERFRONT BOARD.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
71
APR 1 9 197f
19 SECOND READING ORDINANCE: Amend Section 56-30 of the Code -
REQUIRE PERMANENT INSTALLATION OF BULLET -RESISTANT
PLATE OR PARTITION IN TAXICABS:
r
Mayor Ferre: Let's take item 15. This is an ordinance requiring a
permanent installation of a bullet resistant plate. Let me tell you
where I stand, and see if we might be able to move a little quicker
on this. Here's where we are, the City Commission today has jurisdiction
over taxicabs. The County wants to take that away and they have passed
a resolution to that effect. But since they know if they passed it
today would be illegal, they made it as of October 1st in hopes that
the legislature would pass it and then their's would be legal on
October 1st. My personal opinion that any point now is a moot point
until we get this thing resolved, and it will be resolved in the next
couple of weeks one way or the other depending what the legislature
does. I think what we ought to do is just leave this whole thing pending
until the Legislature acts. If the legislature does not act, I want to
tell you so that you are not upset with me later on, that I still intend
to vote for shields. Okay. That's the way I feel. But I don't think we
should precipitate this at this point. That's my personal opinion.
Mrs. Gordon: My personal opinion is whether its one way or the other,
the shields may save a life in the meantime. I am for the shields now.
I am not willing to wait. I have definitely considered all the aspects
of the situation, come to the conclusion that you can't waste a day. A
day could mean a life.
Mayor Ferre: Okay. That's two opinions. Anybody want to venture a third
opinion, so we can get a consensus and move along one way or the other?
If not we are going to be here an hour talking about this. Father, Armando,
J.L.,...
Rev. Gibson: Let me ask a question Mr. Mayor. Does the County have an
ordinance? Or is the County considering an ordinance to insist that
those shields be put in.
Sgt. Campbell: At the present time Commissioner, the County has no
ordinance pertaining to bullet proof shields. Commissioner Redford did
direct Dr. Sacks and Dr. Dyer to do a study on the shields and come back.
That was at the March 20th meeting of the County Commission. Other than
that they have no ordinance, sir.
Mrs. Gordon: Let me speak for the ordinance. Father Gibson you moved it
last time therefore I would expect if it is moved you would do it again.
I seconded it, but, no matter what, who has the jurisdiction of the
control, whichever becomes the body with the controlling factor, since
the County does not have an ordinance and is considering it, it doesn't
really matter because Mr. Zilber's argument was and I was willing to wait
after I heard his argument last time was, that four people might enter
the cab and someone may sit up front and they may perform a violent act
then upon the driver. But how many times are you going to have four that
are going to come together to that and the fourth one will be up front,
and so on and so forth. You've got to think along the lines of the families
of these people as well as the people involved. I can't see any reason why
we shouldn't act now. And we should do it and let them go ahead and put
those things in.
Mr. Lionel Izquierdo: I am Lionel Izquierdo, a certificate holder for the
City of Miami for the last 16 or 17 years. Commissioner Gordon if you want
to take any action, or go ahead with any discussion of that problem, you
have to hear the opposites, because as far as I am concerned the taxi industry
companies people do not come up with that business to the City. Somebody else
out into the taxi industry, are for people brinyiny up this thing.
Mrs. Gordon: I don't understand your point sir. I'm sorry.
Mr. Izquierdo: I'm saying if you want to go ahead today with any decision in
this matter, --you understand me?
72
'APR 1 9 1979
Mrs. Gordon: Yes.
Mr. Izquierdo: You have to hear the other parties , the taxi owners.
Mrs. Gordon: Yes. Are you an owner or driver?
Mr. Izquierdo:yes. I am a driver and I have people working for me.
Mrs. Gordon: You get in there and drive?
Mr. Izquierdo:Evervbodv knows me here. You have to hear us
because we are in the taxi business and we know what is good for the arivrr,
what save a life,and what is the story to go into some business to
make the money.Comprende? You understand?
Mrs. Gordon: I comprende. Jo Comprende.
Mr.Izquierdot If you comprende you have,....I'm the certificate holder
and I represent 200 drivers, and I am legitimately representing people in industry
somebody come over here with the story to represent the people and
he no represent anybody, just looking to make a dollar.
Rev. Gibson: Let me say since I moved it, if we are not going to have
jurisdiction,..this bothers me. Let me go this route, I want everybody
to know that when the legislature is over, the end of May,...
Inaudible.
Mr. Plummer: Sir you are not necessarily correct. There has been a bill
introduced in the legislature to give control to Metro exempting the
municipalities. It doesn't necessarily mean that it will come out of
Committee.
Mr. Gunter Frentz: Tuesday we had a driver shot, seriously wounded in
a hold up. This thing has got to be brought to an issue now. If it
later becomes null and void because the state overrules the City on
this issue, then so let it be, but we need to act on this particular
issue now. No longer. Delays are very costly in lives.
Ms.Hirai: Would you kind identify yourself for the record. Your name
and addres for the record.
Mr.Frentz : My name is Gunter Frentz, I'm president of the Diamond Cab
Drivers Association, my address is 180 N.E. 77th Street.
Rev. Gibson: Maybe this might be the best of two worlds. I have a
problem in that if we aren't going to retain jurisdiction, I wonder,
the men who would have to do it, what would happen. Maybe what we ought
to do, let me say, I hate to have you spend money, knowing that if you
in the City now, come May, that you don't really have to spend the money.
That bothers me. Now, the other thing is, I hate to know that a man can
lose his life. Now, what I would rather see us do, this will give us the
best of two worlds, hopefully. That we agree that maybe we can pass this
ordinance to become effective after a May date and at that point we will
know whether or not the County is going to have jurisdiction or whether
we will have jurisdiction. If we have jurisdiction then everybody knows
that as of a certain day in May or a certain day in June, you are going
to have to put those shields in. If we do not retain jurisdiction, then
the question is moot, and then you wouldn't have to spend that kind of
money. All right, so, Mr. Mayor what I'd like to see us do, I do not
wish to impose upon an industry an added cost that would come to them,
say if we, for those of us in the City of Miami, if we lose jurisdiction,
--if we lose jurisdiction the question is moot. You do what the County
says, or the County says you don't have to do, you don't have to do it.
If, however we are successful in retaining jurisdiction, you know that
come June, we expect the shield. I think that's the beat of two worlds.
Inaudible.
rn.
73
'KPR ! 9 1a"
Rev. Gibson: That's what I'm saying. We will give you say 30 days. I say
gentlemen,...ladies and gentlemen, I think we ought to reasonable in any-
thing we do. As much as I deplore burying the dead,..I don't like burying
the dead. It is also true that if we lose jurisdiction, since the County
doesn't exact this of you, you would not have to purchase it, and it
saddens me that I just heard, (not from you, I heard before I came here)
that one man got killed, --got hurt, I'm sorry. Let me say I think we have
to learn to live in a world or reality. I would like to ad.,pt the ordinance,
effective,...
Mrs. Gordon: I'll second it. There's a 30 day period before any ordinance
becomes effective?
Mr. Grassie: That's true Commissioner. This should also be put in context
of the October 1st deadline set by the County and it would be the time
by which the State legislature would be expected to act.
Mrs. Gordon: The legislature is adjourned on what date?
Rev. Gibson: In May.
Mrs. Gordon: What date?
Mr. Grassie: But the point is the County ordinance as I understand it,
takes effect the 1st of October.
Mrs. Gordon: I am not interested in the County. Let me tell you what
my consideration is. My consideration is that if we can effect this
ordinance and these shields get in place and the County takes over,
they are in place and these fellows are going to have that protection.
So who cares if the County does or doesn't take over. I am more concerned
....I'll tell you something, that little death alley that goes between
Florida City and Key Largo, was an action of the League of Cities about
4 months ago. We sent a letter to D.O.T. and got a very courteous reply.
Nothing is going to happen, but then five more people got killed on that
highway about two weeks ago, and everybody got up in arms. Now its a
big priority. Why does it have to be settled after people get killed?
Inaudible.
Rev. Gibson: Mr. Mayor, I think out of fairness to both parties, I'd
like to pass the ordinance to be effective 30 days after the close
of the legislature. If we are not,..if we don't have jurisdiction its
a moot question,..you don't have to do it, then you have to deal with
the County. If we have jurisdiction, you know right now,that that's what
is going to happen. And that's the way I'd like to offer the ordinance.
Inaudible.
Rev. Gibson: Sir, I ride taxis in this City and out of the City. Just
remember now, you are talking to a native, for 63 years. And I've seen
this town grow. I've seen it change. I am willing to give you the benefit
of the doubt. If I save one life, and if I am reasonable with you, I'm
willing to tangle. And that's exactly the way I offer the resolution, to
be effective 30 days after the close of the legislature, providing we
are,..have the jurisdiction.
Mrs. Gordon: Okay, I second the motion. Its an ordinance.
OPEN TO PUBLIC FOR DISCUSSION:
Mr. Edward Steinberg, president of Aircraft Taxi stated there has not been
a cause/effect relationship between the shields and reduction in crime.
He stated it was tried in Chicago but proved ineffective and they were
removed from the cabs. His opinion was it would have a detrimental effect
on tourism. He stated the ordinance should be defeated because it was
impractical and ineffective.
74
rn
PPR i 9 1979
4
Mr. Ernie Fannatto appeared in opposition to the ordinance.
Mr. Sigmund Zilber appeared in opposition to the ordinance stating that
in all major cities where they were installed that they had been
removed because it did not stop crime.
Mr. Stanley Rosenberg, owner and driver of a Yellow Taxicab appeared
in opposition to the ordinance. He stated he owned a cab in New York with
a shield and that the shield did not protect him when someone was in the
front seat. He stated some drivers were shot with shields in the their
cabs.
Mr. John Dridge president of Diamond Cab Drivers Association stated
that both the drop -safe and the shields were needed and should be
installed.
Mayor Ferre: There's a motion on the floor and Father Gibson seconds it,
Mrs. Gordon; The ordinance has to be read.
Mayor Ferre:...further discussion on the ordinance, as on second reading.
As I understand it, the ordinance takes how many days before it gets into
effect?
Mr. Knox: Thirty days.
Mayor Ferre:..so that in effect, if it doesn't pass in the Legislature
then we could always reverse it within 30 days . Is that right?
Mr. Knox: Yes, sir.
Mayor Ferre: Let me tell you gentlemen for your information, I had
a conversation with Don Tucker's office just a few minutes ago. Mr.
Tucker is a former Speaker of the House. The taxi bill was put in the
Transportation Committee of the House. It is dead. Okay. It is dead.
It is a dead turkey. So I think in effect what we are dealing with here
is reality. I want you to know that so you don't have any illusions about
this.
Mr. Mel Maggerman: My name is Mel Maggerman, with Yellow Cab Operators
Association. According to the County, whether this bill passed or not,
according to the County Attorney, they were still going ahead with
implementing opening up to the County.
Mayor Ferre: Who's going to go to the County? What are you talking about?
It's a dead bill. The City of Miami retains jurisdiction.
Mr. Kenyatta, president of United Cab Drivers Association appeared in
favor of the ordinance. He urged the Commission to pass the ordinance,
and stated the taxicab industry was not interested in the safety of the
drivers.
The Vice President of Yellow Cabs appeared in opposition to the ordinance,
for all the same reasons previously stipulated.
Mrs. Gordon: You know I can understand an owner -driver who wants to have
an option of putting his life on the line, having that option. But I
cannot condone a position where a driver has to make his living driving,
has no choice in the matter and has to take his life in his hands un-
willingly each day. You want to take yours in your hands? You should
have that right, but then the other people's safety, --I'm sorry sir.
Mayor Ferre: Rose, we'll be here all day. Call the question.
Ms. Kathy Roseman: M$y I have a word please?
Mayor Ferre: Yes.
rn.
Z
75
*APR 1 9 1979
Ma. Roseman: My name Kathy Roseman. I am the sister of Jason Greenwald,
and I am speaking for myself and my mother. Jason Greenwald 6 months
ago was held up, he was hit on the back of the head. He spent one week
in intensive care of Jackson Memorial Hospital. He died seven days later.
He left two children who were orphans, because his wife had passed away
four years before. I can only tell you that that shield would definitely
saved his life, because he was hit with a blunt instrument. He was not
shot. And his bill at Jackson Memorial Hospital was in excess of $25,000
for one week. There was no insurance to care for that. And in effect what
the shield is costing, --that $25,000 has become the cost of the City of
Miami, because there was not one that could pay for it. Certainly not his
two children. Thank you.
Mrs. Gordon: I want to thank you for your testimony. I will move the
question Mr. Mayor.
Mayor Ferre: Father Gisbon made the motion, Rose Gordon seconds it.
I am going to vote for Richard.
Mr. Richard Friedman: Can I speak anyway?
Mayor Ferre: Sure you can speak. Make it quick, because we want to move
forward.
Mr. Richard Friedman, 100 Biscayne Boulevard appeared representing
Central Taxicab Service, in opposition to the ordinance. He stated
that most of the taxi industry were driver/owners, not driver/drivers,
who come for a few months and leave, and that the people who put $18,000
on the line to buy a certificate, and who have lived here 25 years, don't
want the shields because they know it won't protect them, but will result
in certain burden of cost, and will reduce the passenger load from 5 to 3.
That means at the airport instead of putting 5 people in a cab, you put
3 and it gives Red Top a bonus.
Rev. Gibson: Let me respond. Sir, I get very disturbed about this
jurisdictional bit. I get very disturbed. When its convenient I see
one group of people join in, and when it isn't convenient another
joins in. I was willing to go the legislative route. I read what they
said about the taxi ordinance. They gave the municipalities entire juris-
diction and that we, the municipalities must vote to turn it over. Now
all of a sudden there's graft. I understand that. I call for the question.
Mr. Friedman: I'd also say July 1, 1980 as you also know sir, the Florida
Statute 323.052 is repealed as of today. That's the law. So that's
another aspect.
Rev. Gibson: Well,look, I can live between now and '80. I may die after
'80 so I want to take my chance on living between now an '80. I call
the question.
Mr. Plummer: Mr. Mayor I would appreciate, and I'm sure that Sgt. Campbell
will be put on the record as to their recommendation.
Mayor Ferre: Sgt. Campbell?
Sgt. Campbell: Yes, sir, I submitted a study to the Commissioners approx-
imately 3 weeks ago. The Police Department's view on it is that we feel
that bulletproof shield is too easily circumvented. That's up to the city fathers
to decide what you want to do. I've given you the information. We also
gave you information on the drop safes and we feel that is the best way
to go, which we've already passed a law on. As far as the law, --the law
being changed or the County taking over, that's up to you people to decide.
I don't know.
Mr. Plummer:The bottom line is you're saying the bulletproof shield
in your estimation is ineffective?
Sgt. Campbell: With the all the information that I've looked at, Com-
missioner, that's what I come up with.
rn.
APR 1 9 1979
Mr. Plummer: Father you want me to wait until discussion, or go ahead
and put my remarks on the record now?
Rev. Gibson: Either way.
Mr. Plummer: Well you called the question is the reason I am asking.
Rev. Gibson: No, no, go ahead.
Mr. Plummer: Father yesterday this gentleman here came by my place of
business to show me one of the shields that they were proposing to place
in the car. And it was in fact much different that I had experienced in
New York which had the partition all the way down. This one was halfway.
Now, Father, let me tell you something. Let me just say it for observation.
The shield which they showed me yesterday as far as I was concerned
wasn't worth the damn money they paid for it. I showed this gentleman
yesterday how I could reach above the shield and stick a gun and shoot
the driver. Now let me say this. There's a picture floating around here,
and I think Mr. Friedman touched on this same picture, and that is that
you will find as I talked to the cab drivers in New York when I did that
most of the murders that took place were not even from riders. They were
from people walking along the street with the driver's window open and
they merely leaned on the window and stuck a gun or knife and said give
me your money. Now, I am very concerned, and I've got to put it on the
record. Politically if you were saying, votes are already counted. There's
three votes in favor of it, and I'm not trying to change a vote, and would
be the easy thing to do is to just vote along with the motion, but I can't.
The image that is portrayed in my estimation is a very, very poor image of
what this City is trying to portray. You are in effect getting into an
armored car. Now, I agree that the drop safe, if the driver has little or
no money,they are not going to rob him, --they are not going to rob him.
It's like, --and I will tell you exactly the same in Sgt. Campbell I am
sure can bear me out, the great plague in this town for almost a year
was the Farm Stores. The Farm Stores went to a safe where it took two
keys, the key of the Manager and the key of the armored car, and that's
the only way it could opened. Within 30 days, the armed robberies at
the Farm Stores dropped off to nothing. Referring back to the buses,
and there's a difference and I acknowledge the difference, that used to
be the big thing, knock off the bus driver. They went to exact change
and a sealed box. What happens? When was the last time, in effect that
a bus was robbed? Father even though I am voting against the motion, I
don't feel it is accomplishing what you are trying to do. I do plead for
two things. Number one, that you make an exemption for the owner/driver,
making it at his option. If he wants to take his life in his hands, that
he be afforded the opportunity to do so, but also to make it available
as a full five -passenger cab.
Mayor Ferre: I'll go with that.
Mr. Plummer: I am merely offering this, --that if in fact this motion
passes before this Commission, that this Commission set some standard
that this bulletproof shield which today is being proffered, which I
say is ineffective, and the minute that the bad guys find out that it
is, its going to be more chaos in the cab community, that some kind of
shield be designed that is uncircumventable from the standpoint to safe-
guard the driver, because the one I saw yesterday will not do the trick.
Now I plead with you to put those two considerations on the table, reiterat-
ing on an owner/driver have the option, and if you do in effect adopt
the shield, that criteria and standards be put forth so that there will
be a good one, not the one that I saw yesterday. Thank you.
Mayor Ferre: All right, further discussion.
Mr. Plummer: Father, you then by your silence are not considering my,...
Mrs. Gordon: J.L. I believe that any modification can be adjusted at
some point in time. At this point in time I believe the ordinance is
clearly stated and we, if we want to make amendments later on,we can
always do that.
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APR 1 9 1979
Mrs. Gordon: I believe if you are going to change the ordinance you
have to readvertise it. Is that right Mr. Krox?
Mr. Knox: If you are going to change the ordinance to the extent that
it is no longer identified as the ordinance that was voted upon on first
reading,...
Mayor Ferre: You can make amendments.
Mr. Plummer: If you exclude the owner/driver, would that substantially
change the ordinance?
Mr. Knox: Does that constitute a substantive change? And that's a question
for the Commission to decide.
Mrs. Gordon: What's your ruling, George?
Mr. Plummer: He said its for the Commission to decide.
Mr. Knox: The rule is that an ordinance, --the substance, --there may not
be a substantive change and the question is whether not that is substantive.
Mrs. Gordon: I think we ought to pass this and put the amendment for it
on the next agenda and do as a emergency amendment. That will be for
implementation.
Mayor Ferre: As one voice on this Commission I would concur with Plummer's
statement that if an owner is a driver, and he's driving his own cab, and
he doesn't want to put it in, and he want to take his own chance and his
own life, that's his problem. I have no problems with that, if it is an
owner/driver. Now for the people that are not owner/drivers, that's a
different matter. Okay?
Mrs. Gordon: Well, can we amend it? That's the point. Can we amend it
and not have to readvertise it and the whole bit?
Mayor Ferre: I think you can provided its not a change of substance.
Mrs. Gordon: Is it your ruling as Chair?
Mayor Ferre: I rule it is not a a change of substance.
Mrs. Gordon: Father Gibson you'll accept the amendment?
Rev. Gibson: Yes.
Mrs. Gordon: I'll accept the amendment.
Mayor Ferre: Further discussion, as amended? Read the ordinance.
Mr. Knox, City Attorney read the ordinance by title.
Mayor Ferre: Call the roll.
Mr. Plummer: No, no, question. Mr. Knox as you just read this ordinance
the question comes to my mind which I would like answered right now.
As I understood your reading, this does not give the driver with the
partition the alternative of using the front seat. I just want it clear.
Because most of the drivers have indicated who are in favor, that it would
be their elective as to whether or not they allow the front seat usage.
Here it says the driver from the rear seat passengers, in all taxicabs
which operate. Now is it your understanding that this will not allow the
use of the front seat for passengers, or is the option?
Mrs. Gordon: There's nothing to preclude it. There's nothing in there.
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Op 1 9 1919
Mr. Knox: There's nothing to preclude the use of the front seat. The
only thing the ordinance is designed to do is require a partition
between the front and the passengers who occupy the back seat.
Mr. Plummer: Just asking for the clarification.
Mayor Ferre: Call the question.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 56-30 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY REQUIRING
A PERMANENT INSTALLATION OF A BULLET -RESISTANT PLATE
OR PARTITION ISOLATING THE DRIVER FROM THE REAR SEAT
PASSENGER AREA IN ALL TAXICABS WHICH OPERATE UNDER A
CERTIFICATE ISSUED BY THE CITY; FURTHER SPECIFYING
THE DETAILS CONCERNING THE CONSTRUCTION OF THE
PARTITION OR PLATE; CONTAINING A REPEALER PROVISION
A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE
Passed on its first reading by title at the meeting of February 22,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Gibson, seconded by Commissioner Gordon , the
Ordinance was thereupon given its second and final reading by title and
passed and adopted by the following vote:
AYES: Rev. Gibson, Mrs. Gordon, Mr. Lacasa, Mayor Ferre.
NOES: Mr. Plummer.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public. SAID ORDINANCE WAS DESIGNAGED ORDINANCE NO. 8919.
20. ESTABLISH DATE FOR PUBLIC HEARING ON HOLDING OF COMMUNITY
DEVELOPMENT TARGET AREA ELECTIONS.
Mayor Ferre: We are back to Little Havana.
Mrs. Gordon:Mr. Lacasa you made the motion this morning. If you make
it a simple motion you have my second for the elections to take place
as scheduled.
Mr. Lacasa: I move that the elections,...
Mrs. Gordon: Excuse me, there was another thing, and it would be for a
one year period, not longer.
Mr. Lacasa: My motion is that the election be held as scheduled in
the same conditions and circumstances and with the same number of
people on board, as elections held in the past.
Mrs. Gordon: You mean for the two year period? Would you like to say
why you want to have it for two and not for one year?
Mr. Lacasa: Let me explain you once again the concept here. From the
technical standpoint of view, I do believe that the best thing to do
will be to restructure the whole system. To create a board and to give
everybody participation and expand the jurisdiction of the whole system.
However, due to the circumstances existing now, I also believe that any
change whatsoever in the system that we have now, will result in a
loss of credibility for the procedure. And since I believe that that
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APR 1 g 1979
credibility is imperative to have, and essential, is why I am going
for the elections as we have had it before. Because any change whatso-
ever will result in that loss of credibility.
Mrs. Gordon: How many days in the election process is there for the
registration of electors. You know, people who were going to vote in
the election?
Mayor Ferre: According to Metro, 6 days.
Mrs. Gordon: Is that your intention also?
Mayor Ferre: Not my intentions, --what Metro is imposing.
Mrs. Gordon: What period of time would you include in your motion
for the registration of people who wish to vote? That will make it,..
Mr. Lacasa: In previous years the registration process has taken 3 weeks,
so here again what I propose is that it done in the same period of time.
Mrs. Gordon: Three weeks? All right. Three weeks is a reasonable period
of time. Okay. All right. I'll second your motion. Now I am going to
tell you why I am going to second his motion and why I am interested in
the procedure remaining as it is. In the guidelines that I was given today
which I've seen for the first time, I have read that the Neighborhood Forum
which is the procedure that has been taking place up to now, is an open,
highly participatory structure. Any eligible person attending an advertised
public meeting may participate in discussion of and voting on, the agenda
of that meeting. Participation is thus open to all eligible persons who
attend each meeting. The Neighborhood Forum is headed as you know by Chair-
person, Vice -Chairperson elected at public election meeting. The Neighbor-
hood Forum has also a secretary elected. Continuous involvement in the
process is assured through the establishment of standing ad hoc committees.
In other words, this is a true community involvement program. The alterna-
tive which is tae advisory committee or Board, which ever you call it, but
it is the same thing. It's consisting of a small group of people who take
an input from the community, but only the small board can vote, and that
excludes the population at large. It is very easy to have a small group
saying what shall be done with millions of dollars when it should be the
entire community should have a voice in that procedure. So I am going
along with you Mr. Lacasa because that is the open participatory procedure,
and regardless of what. If you give them enough time to register which is
three weeks, I am not going to object.
Mayor Ferre: Well I want to congratulate both of you. I never thought I'd
see the day where Rose Gordon and Armando Lacasa would agree, for I think
very similar reasons.
Mrs. Gordon: Strange things do happen.
Mayor Ferre: ..for very similar reasons, even though I want to say that
I think that I want to reiterate that I'll be voting against the motion.
I completely reject the fact that a president form is more democratic
than a board form. The board obviously has to hold the same type of
community meetings as a president. And I would rather have community
participation affairs in the hands of 15 or 25 people than I would in
the hands of one. I vote against little Caesars. I'm sorry.
Mrs. Gordon: You are wrong. There's no Caesar in this. This is a simple
matter of a person conducting a meeting. That's all the chairman is, a
conductor. He doesn't have any authority to make any decisions. Now, if
he takes that authority, and the community permits him to seize power,
they have permitted a dictator to come into place. But by law, and by
the rules of the written document, he does not have that authority.
Mayor Ferre: That's your interpretation.'
Mrs. Gordon: Its in black and white.
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8u
'APR 1 9 19M
Mayor Terre: I am for community participation. I am against centralization
of power in the hands of one person who is going to set himself up as a
little Caesar. So I am voting against little Caesars.
Mrs. Gordon: There is no Caeasr Maurice and don't twist the facts. The
facts are clear and they are in writing. So therefore, if you are saying
it is something, doesn't make it true.
Mayor Terre: Call the question.
Mr. Plummer: We haven't got a Caesar but we have a boquito Lazaro.
Mayor Ferre:I would be even against Lazaro if he want to put himself up,..
Mrs. Gordon: Well, Lazaro or anybody else can't seize power unless somebody
else wants to give it to him.
The motion failed to pass by the following vote: AYES: Mrs. Gordon,
Mr. Lacasa. NOES: Rev. Gibson, Mr. Plummer and Mayor Terre.
Mayor Terre: Now we are back to where Father Gibson was which is that
we are going to have a public hearing on what day? What day did we say?
The 30th?
Rev. Gibson: April 30th at 3 o'clock.
Mayor Terre: And we'll see you then and we'll be ready for the next
round which will be televised, radio broadcast for the people, and
everything. Thank you and tune in again.
4
21. REQUEST CITY ATTORNEY TO RENDER LEGAL OPINION CONCERNING
ADA MERRITT SCHOOL
Mr. Lacasa: Mr. Mayor we have another item on the agenda which is also
of interest is also of interest to these people, which is the question
of the Ada Merritt. And this is the last item in the Committee of the
Whole on this morning.
Mayor Terre: Go ahead.
Mr. Lacasa: On January 18, this Commission unanimously recommended to
the School Board of Dade County that the Ada Merritt School be kept open.
The School Board didn't even bother to acknowledge our request and has
taken a decision to proceed on the closing of the Ada Merritt and tearing
down of the building. This building incidentally was declared an historic
monument by the State of Florida and granted 1.2 million dollars for reno-
vations. We don't know what has happened to this grant of 1.2 million dollars.
What we know is that regardless of the opinion of the neighbors, the con-
tinuous plea of the parents, they insist in closing down those facilities
and in tearing down the building. I would like to move today that our legal
department on behalf of the City of Miami, explore the legal possibilites
of going to court to enjoin the School Board from proceeding to close and
tearing down the Ada Merritt School, and if feasible, to proceed in a
legal fashion.
Mayor Ferre: We have a motion. Is there a second to the motion?
Mr. Plummer: Mr. Mayor let me see if I understand. You know, I made this
comment once before. I happen to be a graduate of Ada Merritt and have
great love and respect for the school. I want to tell you the things that
I read that they said were detrimental about the squeeky floors and the
termites. Thirty years ago we considered that to be the character of the
school. That was the charisma of the school. And they are just 30 years
later finding out that those are not nice things. It is my understanding
IIIIIIIlUI I,1•1
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81
'APR 1 9 1979
Mr. Lacasa that you are proposing that the Law Department of the City
of Miami look into that matter as to if there is any action that this
Commission could take to try and forestall the demolition of that
building. Is that the understanding?
Mr. Lacasa: That is correct.
Mr. Plummer: Then I of course agree with that,and would second the motion.
Mayor Ferre: Now we want to make sure that this is a legal thing. So
we have to ask the City Attorney if this is a legal posture for the City
I want to announce on the record that if it is I am ready to vote in favor
of the motion.
Mr. Plummer: Not to file a suit.
Mayor Ferre: Why don't you read the motion again? Before you do that
read the motion so we can understand it.
Mr. Ongie: A motion to request the City Attorney to explore the legal
possibilities of proceeding with a lawsuit enjoin the School Board from
closing down and demolishing Ada Merritt school, and I would assume
report back to the City Commission.
Mr.Plummer: Included in that motion is the word to investigate?
Mr. Ongie: Yes.
Mr. Plummer: Yes, explore. Explore the possibility. That's a big
difference.
Rev. Gibson: Mr. Mayor let me say this. I'm not an attorney, but I could
tell you out of good experience, you cannot do that to the School Board.
Your's is a political decision. Yours is a political posture. Let me give
you an example. Man, the worse thing can happen to you, is for old folk
to be living any length of time. We the church, had 5 acres of land that
we did not want the School Board to condemn. Okay. We went to court. We
couldn't then, we couldn't since and we can't now. The School Board in
a real sense have absolute automomy over schools. Not even the church
could stop the School Board. I just want to warn you. I think if you want
what I think you want, you would be better of going to the School Board
cajoling them, trying to persuade them. Now, let me tell you something,
just as sure as you do what you are saying. Let's assume that George Knox
comes ups and says well I think we could go to court. You then put the
School Board and the City Commission at variance. I hope that isn't what
you want to do. I would rather join you my brother and go to persuade them.
Because if you go there, they are going to hardnose you, and I don't blame
them. Because if they come here, that's what I intend to do for them. I
warn you.
Mr. Lacasa: I am more than willing to go that route but I want to remind
you of the fact that this Commission unanimously recommended to the
School Board on January 18 by resolution, that the Ada Merritt be kept
open and the building not torn down. And they did not even acknowledge
this fact. So if you want to go this way, I am willing to try once more.
But what I would like to have is this resolution passed to have the legal
department exploring the situation, then we go on the 30th to meeting with
the School Board, by then we know where we stand and we try that route
once more.
Rev. Gibson: I'm not arguing for the School Board becuase they are big
boys, but I just want to make sure we keep these doors open. Look, why
do you have to pass the resolution ? Why don't you say to the City Attorney
you explore it. Then you will have that information.
Mayor Ferre: That's what the motion reads.
Rev. Gibson: But Mr. Mayor, if I were the School Board. You know I am
not a politician, I am a clergyman. If I were the School Board and you
82
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'APR 1 9 1979
passed such a resolution, what would I do with you? Just what they did
to you before. I am saying to you, that you would be in a much better
posture, going and saying to them, talking with them. I went that route
and I want to tell you what happened.
Mayor Ferre: Went to jail.
Rev. Gibson: Right. So all I am saying to you, man, be,...look those people
are not foolish. Now they know they've got to trade with us,and we've got
to trade with them. So you are much better off going in, trying to trade
as friends than trade as enemies. I say to you do whatever you think is
best.
Mayor Ferre: Father I want to say on the record, I sympathize with both
of your positions and I think you are right that it is better to win things
with sugar than with vinegar. And they have been generous with us in the
past weeks. I would think however that there is nothing wrong in a member
of this Commission asking for a legal opinion on something which is of
major concern to all the residents of Miami, and therefore I don't see
any harm at this posture. A11 we are going is we are taking one step
closer to this type of situation but that doesn't mean that we've done
it or we are going to do it. And I think based on that, I certainly am
going to vote with the resolution, and holding my right to vote, and
it is a completely different matter as to whether or not we proceed or
not. What we are doing at this stage of the game is we are investigating.
Hopefully when we meet with them on the 30th this thing will be resolved
in a positive way. Further discussion? Call the roll.
Rev. Gibson: Mr. Mayor I want to make sure nobody misunderstand my vote.
I want the same thing but I think I could do it differently. And so that
the record will not reflect that I am antagonistic to the Board, I am
going to vote no. And yet I want to promise everybody publicly, that when
I talk with the School Board, I am going to be just as determined to get
what you want at Ada Merritt as if I had voted for the resolution.
Mayor Ferre: All right.
The following motion was introduced by Commissioner Lacasa , who
moved its adoption:
MOTION NO. 79-254
A MOTION REQUESTING THE CITY ATTORNEY TO EXPLORE
POSSIBLE LITIGATION TO ENJOIN THE DADE COUNTY SCHOOL
BOARD FROM PERMANENTLY CLOSING AND DEMOLISHING THE
ADA MERRITT SCHOOL AND TO RENDER A LEGAL OPINION TO
THE CITY COMMISSION ON SUCH ISSUE
Upon being seconded by Commissioner Plummer , the motion was passed
and adopted by the following vote:
AYES: Mrs. Gordon, Mr. Plummer, Mr. Lacasa and Mayor Ferre.
NOES: Rev. Gibson
ABSENT: None.
ABSTAINING: None.
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'APR l919'9
22. PERSONAL APPEARANCE: VICTOR LOGAN CONCERNING POSSIBLE REMOVAL
OF TENANTS FROM DINNER KEY MARIVA FOR HIS SUMMER
BOAT SHOW.
Mayor Ferre: We are on Item H. All right, proceed.
Mr. Victor Logan: Is there any possibility that Commissioner Lacasa
will be here?
Mr. Plummer: I think he should be, and after we all take a 5 minute
recess.
RECESS: After a 5 minute recess the meeting reconvened with all
members of the Commission present.
Mr. Logan: Good evening. This is the 6th time I've had to come before
you in 7 meetings, and I'm sorry to have to do this again. The last
time I was here on March 22, you instructed the administration to do
two things. First to complete my contracts within 10 days. Unfortunately
I was unable to get anyone in the administration to return my calls until
the llth day, when Bob Jennings did call me on the llth. He said that in
a day or two they would be complete and sent to the Commission and then I
would get a copy to review. I since then have reviewed them and the pier
portion and the 60 day portion is still a little unsettled. On the vier
issue which my major concern at this time, to be very brief because you
are behind in schedule. I understood last meeting's conversation by this
Commission to say that you would attempt to voluntarily request vessels
at Pier 4, 5 to move for my show, realizing that the show must have one
or the other in order to succeed. After conversation with Mr. Jennings,
we, the two of us are agreed that Pier 5 would be his choice over Pier 4,
as Pier 5 is what has been sold and the slips on Pier 5 for this year at
least are the right size. Pier 4 has much smaller slips and it would create
more of a problem for the City to move this many more people. So it would
be easier for the City to give us Pier 5 for this year. Only a small per-
centage of the people on Pier 5 objected as I understand. I have not seen
the file. So I must ask you at this time to please help save Miami's Summer
Boat Show by moving that the tenants be formally asked to move. This
last two weeks I have had to answer five of my exhibitors who have space
on the water who represent 10 of the slips. They were told I could not
get the use of water space, and this was verified by Hector Gai. They were
told I could not get my contracts and other slanderous things by persons
who would like to cause the show to fail. Please at this time I urge you
to move ahead and take this step as necessary.
Mr. Grassie: Mr. Mayor and member of the City Commission I think we need
to hear from Bob Jennings with regard to what has been done and what
the reaction of the tenants has been so far on the piers.
Mr. Bob Jennings: Mr. Mayor and members of the Commission, I think you
have before you a memorandum dated April 12, which provides you with
the results of the whole of the tenants of both Pier 4 and Pier 5. The
results show to some degree apathy. I believe there are 106 tenants, --
64 on Pier 4 and 42 on Pier 5. We received 20 responses up to the moment
we cut off accepting the letters so that we could get the material pre-
pared to get it to you. There were 20 responses, all of them I think
were either unfavorable or indiferent. You have been provided with copies
of each one of those letters that were received. The others did not respond
at all. I think your memorandum goes on to, --and by the way I might mention
that the motion that you passed said that we were to attempt to achieve
voluntary evacuation of either one of the two piers or suggest to you
at least alternatives. You memo does I believe on the second page of it
mention some alternatives. If you'd like to me I can repeat them or
if you are already familiar with them I won't waste your time.
Mayor Ferre: I read them. Go ahead.
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'APR 1 9 t9T9
Mr. Lacasa: Mr. Knox, in discussing alternative No. 2 of this memorandum
the Management says clearly this approach could and probably would lead
to legal action by at least some of the tenants. The City Attorney has
advised this department that he feels our chances of prevailing in a
legal action of this sort are questionable. What is your opinion about
this? Would you elaborate a little bit more?
Mr. Knox: Yes, sir, in our opinion to attempt to enforce that provision
on the lease agreement, especially without the concurrence of the lessees
would amount to an eviction, and the state law has certain due process
and hearing requirements associated with an eviction of a tenant. The
question then would become whether or not there were legally sufficient
grounds to evict a tenant. And the most prevalent ground for eviction
is usually a failure to pay rent. So that if a tenant is current in his
or her rental payment and has otherwise abided by the terms and conditions
of the lease, it could appear to a court very easily that the action in
summarily terminating that lease agreement was arbitrary and in violation
of due process and other legal considerations.
Mr. Lacasa: Well, the way I see this is,that we have a contract between
the City of Miami and the tenants which gives quite a privilege to the
tenants of docks 4 and 5, as well as the others, in the Dinner Key Marina.
We are not evicting the tenants. The intention here is simply to protect
not only Mr. Logan, but the City of Miami in having the necessary facilities
to insure the success of a show that is as interesting to the City as it is
to Mr. Logan. The exercise of the written notice of termination in this sit-
uation is not arbitrary. We do have the welfare of the City from that stand-
point of view at stake. Consequently we are evicting arbitrarily any tenants.
What we are doing is, in view of the lack of cooperation of people that have
been using these facilities, on very privileged circumstances, simply to use
a clause that was in there to protect the City in order to provide, not a
permanent situation to Mr. Logan which will result in a permenent eviction
to the tenants but just a few days to this show, which in my view is very
interesting for the City of Miami. So my position is, that in view of the
lack of cooperation of the tenants, we should go ahead and implement your
option No. 2 on behalf of the City.
Mr. Plummer: Any further discussion? The floor is open for a motion.
Mr. Lacasa: I move that the City of Miami by written notice terminate
the contracts with the tenants of dock 5, and reenter into contract
negotiations with the same tenant, to reestablish the contract by in a
way that will provide Mr. Logan with the slips that he needs to have his
show.
Mr. Plummer: Is there a second to the motion. Seconded by Father Gibson,
is there any further discussion? Hearing none, call the roll.
Mrs. Gordon: I am not in favor of the procedure that Mr. Lacasa is pro-
posing. I am a person that lives with contracts, and that's my livelihood.
I live with contracts. Voluntary is one thing, but, Mr. Logan I'm sorry,
I can go along with what to me is ,--just not acceptable to terminate
a contract deliberately in order then to do something that the contract
prohibits.
Rev. Gibson: But didn't they tell us at the last meeting that a part
of the,....Mr. City Attorney, this is where you C.Y.A. now. My under-
standing at the last meeting you told us that those contracts were so
written that if and should, we have somebody who is having an event there,
that we could negotiate to have those people who have those slips turned
over. Either you said it, or Mr. Jennings said it. Now if it is a lie,
somebody said it here, and I hope the record would reflect. So therefore,
if that be the case, the people need to be approached based on the pro-
vision that was told us here, and if it isn't, then somebody mislead us.
Tell us what it is.
Mr. Knox: It is my understanding Father Gibson that that was the procedure
that Mr. Jennings just described. The persons were approached and there
was at least some of them who refused to voluntarily permit the use of
their slips during this period of time.
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APR 1 9 1979
Rev. Gibson: Wasn't it also said that a part of the contract, --this
was what we were lead to believe at the last time this thing came up,
that a part of the contract was that the people are housed out there
with the full knowledge,..if its a lie, somebody mislead us into
believing.
Mr. Plummer: Father may I try to clarify that for you?
Rev. Gibson: Please do.
Mr. Plummer: I think what I recall hearing was that there is a discrepancy
that it is included in the contract for Mr. Perl's show, but it is not
included for any other show. I think that's what I heard at the last meeting.
Mr. Jennings: What Commissioner Plummer says is correct. There is a clause
in the contract and its been there for a number of years, requiring the
tenants of Pier 5 to vacate for the Miami Dinner Key Boat Show, which is
the October boat show. It does not mention anything about also vacating
for other things.
Mr. Logan: Father Gibson, let me answer that if I may for you satisfaction,
and hopefully for Mrs. Gordon's satisfaction, because the entire success or
failure for this show immediately falls on this one question. Before the
phrase was put in there, for Larry Perl's show, the Dinner Key Boat show,
it wasn't in there. And there were existing contracts with the tenants
on Pier 5 and if you will study your previous dealings you will find that
the same thing was done for Mr. Perl. The tenants did not voluntarily wish
to move and the City finally came in and ordered them to move and had an
ordinance made and deemed that they would now sign new contracts. The
exact thing was done for Mr. Perl. I submit to you that this is very much
the factor of the success of this show for the City and for myself and if
we do not have the use of Pier 5,--there is no legal question about it.
It specifically says in the contract you can do it. You've given them an
opportunity to voluntarily move for the good of the City and the clause is
in that contract to protect yourselves. I've gone out there and I've talked
to them. The City has approached them. I think what we are simply saying is
that you are exercising your right to protect the City because if my boat
show fails, you immediately lose a $21,000 revenue annually, not to mention
the amount of money I will lose. Its for the best interest and there is no
other way to do it, --and I wish there were. We've asked them for their
congenial cooperation. So if it hadn't been done in the past, and a
precedents hadn't already been set, that's why the clause is there to
protect you. And Mrs. Gordon if there is any other question that you have
that maybe I am not touching on, because I really don't know whether I've
answered your question or whether I need to go into something else. We've
tried.
Mrs. Gordon: You have my deepest sympathy. You have had the rawest deal
I have ever seen, but there are certain considerations that come to me
at this time which are beyond my sympathy for you and your plight, because
the people who have a contract have a right for the City to honor the
contract to the letter of the law. And for us to pull a fast one on them
like you are asking us to do, in my opinion is dishonorable.
Mr. Logan: I don't know what other solution to suggest to you. I can't
use a part of it. Keep in mind, and I think Mr. Jennings will verify this,
out of 20 letter I think there was one in favor, or apathetic, and on Pier 5,
there were 9 I think, letters against. Now you've got 42 slips out there,
so less than 25% of the people, the majority of the people on Pier 5 don't
feel there's a problem. They haven't gotten back to you now. The problem
that I have here is that you've got to understand that I have 9 weeks
between now and the show. And I'm dead. I am going to tell you that right
now, if I can't use Pier 5. I am totally runied and the show is ruined
because I've got a third of the dollars and cents for the show spoken for
on Pier 5. There's not time enough. Let me explain something to you. If I
had known this 6 months ago I could have made other plans and not told
these people there was water space and sold them on land. But I've got
to try to move them, there's no way they can do it. They can't survive and
I've lost them. I am not appealing to your sympathy Mrs. Gordon.
Mrs. Gordon: I can't place myself in that position sir. I just cannot.
rn.
APR 1 9 1979
Mrs. Gordon: I cannot violate a contract. I just can't do it.
Mr. Logan: In what way are you violating the contract?
Mrs. Gordon: The contract calls for a single exodus.
Mr. Logan: Can I remind you also and I don't mean to be repetitious,
it specifically says for the Dinner Key Boat show and any show that may
succeed it. Now as you remember the last time we talked there were two
interpretations of the word succeed and one of them specifically in the
dictionary is follow. So you've got two different areas here.
Mrs. Gordon: You are correct. You are playing on words and our Attorney
agrees with your interpretation of the play on words, --then this pro-
cedure of asking us to cancel these contracts and proceed to evict them
and then rewrite their contract would not a necessity. Now, if you can
get him to agree on that point of law I won't have a problem.
Mr. Logan: Mr. Knox, I've got to turn to you, --if you can.
Mr. Knox: At the last meeting when this question was discussed, we
at least tentatively agreed that there were two definitions for the
word succeed,and we also indicated that the resolution of that dilemma
could best be accomplished by determining what was in the minds of the
drafters of the language at the time that they used it. And the Commission
may also recall that Mr. Bob Clark, who as an Assistant City Attorney did
indeed draft that language and indicated that the intention of that language
was that it would apply to a single boat show and any single annual Dinner
Key Boat Show that would replace the Boat Show that was referred to in the
original agreement.
Mr. Logan: Mr. Knox the gentleman that you just referred to, is he a
part of the Administration?
Mr. Knox: No, he is an assistant City Attorney.
Mr. Logan: Assistant City Attorney? The only question in my mind with
respect to your answer is the Commission that was in effect at that time.
The question in my mind is, was that Commission under that impression at
the time that they passed that motion? It may very well have been, --I wasn't
here. I am not in a position to be able to question what he has said. but
I certainly question whether or not the Commissioners who vote on it, --I don't
think its the intent of the draft so much as it is the understanding of the
Commissioners who voted on it. And I don't know what part of this Commission
might have been here at that time. But this is a very important situation
that is the lifeblood of this show. I don't know how else to approach it.
You know, courts of laws for testing many things. Mr. Knox and City Com-
missioners, we are talking about the fact that if go ahead and ask them
to move, making a motion, based on that paragraph referring to the Dinner
Key Boat Show. You have 9 people that sent a letter. Maybe out of the 9
people you'd have 3 people that would protest. If 3 people protested you
are only talking about moving them for a 4 day period. What could the
damages possibly be and how can I assist with that? Is there any way at
all Mrs. Gordon that I can offer to assist in helping this to be done?
Some sort of solution is needed and its the lifeblood.
Mrs. Gordon: I hope you can understand my position, but I guess you can't.
Mayor Ferre:Mr. Logan I'm sorry to do this to you, but it is now it is
after 6. We've had people that have been waiting here for 7 or 8 hours
for an item and we are going in circles now, so I think now I am going
to call the vote on the motion.
Mrs. Gordon: As the motion was stated, I can't vote with it. I vote not.
Mr. Plummer: I voted against Mr. Perl when this item came up for him, I
would have to do likewise to be consistent now.
Mayor Ferre: I vote No.
rn.
87
'APR 1 9 1979
The motion failed to pass by the following vote: AYES: Mr. Lacasa
and Rev. Gibson. NOES: Mrs. Gordon, Mr. Plummer and Mayor Ferre.
Mr. Logan: Mayor let me ask you one last question. I respectfully under-
stand what you are saying about the people that have been waiting here
all day and I don't intend to continue with this at this moment. Is there
anyone on the Commission that cares to suggest any kind whatsoever of another
motion that can assist us in any way to proceed with this?
Mrs. Gordon: Voluntary procedure is the only procedure that I can see
as being a viable procedure for you to take. Now how you are going to
convince them I don't know but that is the only thing that I can see
is a way.
Mr. Logan: Let me ask you one other question. Would you possibly be willing,
rather than to make a motion saying that Item # 2 let's refer to the
termination clause, would you be open to an ordinance requesting that the
people from Pier 5 move to accomodate the boat show and upon this ordinance
if Mr. Jennings has any problem with people moving, we won't evict them,
but we will formally ask them by ordinance to move and deal them as that
comes along. You see there's a difference between voluntarily ask them
and the City Commission putting a motion not demanding but a motion asking
that they move from Miami's Summer Boat Show. We are a little bit better
along there than we are with absolutely nothing. I am totally at their
mercy with the word volunteer and if you could live with an ordinance
requesting that they move, it may help the situation. I don't know what
else to think.
Mrs. Gordon: I don't think an ordinance is the proper procedure. First of
all an ordinance takes 10 days to two weeks to advertise.
Mr. Plummer: Mr. Jennings let me ask you this question.
Mayor Ferre: I'll tell you what I am going to do now. Mr. Logan, the item,
which is Item H was just passed. Why don't you stick around and maybe later
on, I think out of fairness to these people from Culmer we really have to
take them up. Stick around and we'll come back to you again.
Mr. Logan: Yes, sir. Thank you.
23. PERSONAL APPEARANCE: WILLIAM N. HUTCHINSON, JR. REGARDING CULMER
C.D. TASK FORCE'S RECOMMENDATIONS
Mayor Ferre: A11 right, Jackie Barrow and William Hutchinson of the
New Washington Heights office of Economic Development and the the
Culmer C.D. Task force. All right.
Mr. William N. Hutchinson, Jr.: For the record my name is William N.
Hutchingson Jr. I am chairman of the Culmer C.D. Task Force. My appearance
is with regard to certain task recommendations that have been made and we
are wondering at this particular time why they have not been acted upon.
Mr. Plummer: Mr. Hutchinson may I interrupt for one moment? Mr. Mayor
in the interest of fairness, Mr. Hutchinson, you are scheduled as the
B item and Jackie Bell as the A item. For protocol I am assuming that
Jackie Bell has relinquished to you. Is that correct? Just for the record.
Mr. Hutchinson: That is correct. As a matter of fact there are two primary
recommendations to which I am addressing myself. First of all there was
a recommendation made at the meeting that we had on March 13 at which
Commissioner Rev. Theodore R. Gibson was present at that particular time.
It was I believe unanimously accepted by the Task Force that New Washington
Heights receive an additional amount of approximately a hundred thousand
rn.
88
APR 1 9 1979
dollars with respect to their budget and they have not in fact received
that amount. The question was raised with respect to where such funds
would come from if the City did not otherwise have them available, that
the moneys would in fact come out of the Interim Assistance Program. As
I indicated, that was unanimously approved by the C.D. task force and as
I also indicated, Commissioner Theodore R.Gibson was also present. The
other item that I am addressing myself to, is reference to the proposed
leasing of space by the Interim Assistance program. I believe it was at
that particular meeting that I advised the task force as to what I had
advised the Commission at its meeting on February 22. And the Task Force
indicated that they would not desire the Interim Assistance Program to
lease space at 115 N.W. 5th Street, but that rather they would want
members of the Culmer community to have an opportunity to submit bids
with respect to that particular need for leased space. As I indicated
and I'll do it again, that was by uanimous approval of all members of
the Task Force. As I indicated before Commissioner Theodore R. Gibson
was present and we want to know when can New Washington Heights get the
money?
Mrs. Gordon: I didn't hear the last thing you said.
Mr. Hutchinson: When do we get the money?
Mr. Plummer: Why don't we get to the bottom line? The bottom line as I
understand it is, you want to go from a hundred thousand dollars in
economic development to two hundred thousand. Is that correct?
Mr. Hutchinson: Correct.
Mr. Plummer: Now, Mr. Grassie, if in fact this were to be accomplished I
think we all have to understand that it would have to come out of the
Culmer money. Now what flexibility does this Commission have? I am assuming
now this has been brought before the Task Force, the president, the vice-
president, the Board and the people of Culmer and it comes here with their
concurrence?
Mr.Hutchinson: As I indicated Vice -Mayor Plummer, this was approved
unanimously,..
Mr.Plummer: Fine. I am just reiterating for the record. Now, Mr. Grassie,
as far as I am concerned the people have spoken. This Commission must listen
and so shall you. Now, what I would like to say, does the Task Force of which
you are speaking for make any recommendations of where the money, the additional
hundred thousand shll come from to cover this redoing. May I see something
in writing?
Mr. Hutchinson: The only thing I would have in writing would be the
Minutes.
Mr. Plummer: If that tells me what I need that is fine. Was any of the
administrative staff present at the meeting in which this recommendation
was adopted unanimously?
Mr. Hutchinson: I do believe that Ms. Dena Spillman was present. I do
believe Mr. Fosmoen was present. I do believe that Mr. Lloyd Spooner
was present.
Mr. Plummer: One is sufficient.
Mr. Hutchinson: I want it to be crystal clear.
Mr. Plummer: May I see the Minutes of the meeting? Especially as it
addressed itself to the solution. Does the Minutes also reflect what is
the recommendation of the Task Force in relation to the rental of a
facility?
Mr. Hutchinson: I believe it does.
rn.
'APR 1 9 10'i
Mr. Plummer: Well, may I see that also? Mr. Fosmoen does the funds
for the New Washington Heights, of the Interim Assistance Program
or the new name, Revitalization Plan, have a hundred thousand dollars
in it to transfer?
Mr. Fosmoen: There is a $180,000 dollar budget. If you transfer a hundred
thousand you leave eight thousand. It would decimate the program.
Mr. Plummer: Decimate the program? All right.
Mr. Fosmoen: Yes, sir. Perhaps an additional point is worth making
Commissioner. While there was staff in attendance at the Culmer Task
Force meeting, staff was not asked its position, and the staff made
its position known to this Commission at a subsequent meeting. And of
course we are not recommending an additional hundred thousand dollar
funding. If you wish I will be happy to go into some additional reasons
for that.
Mr. Plummer: Well what you are really in fact as I understand saying, that
if we do in effect transfer the hundred thousand, we have another eighty
thousand which will be available for transfer to someone else, because it
will no longer be needed. I think that's a fair statement.
Mr. Fosmoen: I'll come back to it later but there are some additional
comments I want to make on the additional funding for the economic
development.
Mr. Plummer: Mr. Fosmoen let me just, not to question Mr. Hutchinson's
word, but so that there will be a clear air. I assume that you did not
scream and holler when he said you were present at the meeting, that
they acknowledged that you were. Okay. And I am further assuming that
this which has been presented to me is the Minutes, is correct, that
it was the unanimous recommendation of the area residents to double
the economic development and take it from the Interim Assistance Program,
that that was the ruling of the people.
Mr. Fosmoen: This fairly reflects the Minutes. It reflects the approval
of a task force report which is indicated on the first page of this
memorandum. Mr. Hutchinson served on it. Sonny Wright, Charles Johnson,
Reginald Burton and Dana Dorsey served on a Task Force, made those
recommendations, and those recommendations were adopted. There are several
others of course that were also adopted.
Mr. Plummer: Well I am also reading from the same Minutes which say to
me that a vote was held and there were 21 in favor, none against and
none abstaining. Now, Mr. Hutchinson I only have one further question,
so that I don't have to go through many pages and if you can easily tell
me I would appreciate, what was the solution offered by the Committee
in reference to the rental of space. What was their alternative solution?
Mr. Hutchinson: I believe the Minutes would reflect that the alternative
solution that Newell Daughtery would, --I believe Commissioner Gibson
instructed him to advertise the need for rental space and that area residents
would have an opportunity to submit bids. And I do believe that one
was submitted by Mr. Charles Cash at an amount of $24,000. The one that
was pending at that particular time was from Allan Morris Corporation in
an amount of $42,500. As I did indicate to you, and I am sure the Minutes
would accurately reflect that I made it known to the community at that
meeting, and that was indeed the first time that the matter had been
presented to the community that the Interim Assistance Program was looking
for rental space. Now I must make one thing known in addition. Now, Mr.
Fosmoen's statement that if the money were to come from the Interim
Assistance Program that the program would in effect become null and void.
That was not made known. He clearly had an opportunity to make that known
at the Task Force Meeting. Not only did he have an opportunity. Mr.
Daughtery was there. He could have made that known. Spooner was there. He
could have made that known. Mr. Matthew Schwartz was there. He could have
made that known. Now I would consider that at this particular point a
sham.
rn.
SDI
APR i 9 1979
Mr. Plummer: Mr. Hutchinson you still haven't answered my question and
I would appreciate you doing so. What was the solution offered by the
Task Force in relation to the rental of a building?
Mr. Hutchinson: I told you that.
Mr. Plummer: Do I understand your answer, if I can sift through, what
you are saying is, go to public bidding and that's what you wanted to
satisfy the task force. Is that correct?
Mr. Hutchinson: That is what is in those Minutes.
Mr. Plummer: Okay. That's been done. Thank you. Anything else you
want to add to this?
Mr. Hutchinson: But I said that.
Mr. Fosmoen: Commission Plummer, or Mr. Mayor, maybe a point on the
rental of the space, Item 41 on your agenda, speaks to the rental of
space for the Interim Assistance program. We did do and the Commission
authorized us to go out for bids for rental of space. We did that, we
are back on this agenda with the results of that bid.
Mayor Ferre: Well what's your recommendation at this point? Lets get
back to you and see if we can finalize it. What is your recommendation?
Mr. Fosmoen: The same as it was in our memorandum to the City Commission
dated March 16. This item was considered at your last meeting. We went out
for bids on the rental of the space.
Mayor Ferre: And Allen Morris is low for $33,000. It is item 41. You
recommend that we accept it.
Mr. Fosmoen: That's correct. Second point.
Mrs. Gordon: How could that be less than the twenty-four?
Mr. Fosmoen: It is item 41.
Mr. Hutchinson: I believe Commissioner Gordon was asking how could
$33,000. be less than the $24,000. that Mr. Cash is offering.I think
it would be appropriate.
Mrs. Gordon: It is pertinent to the conversation.
Mr. Plummer: The point is very simple. The $24,000 according to the
administration, --the building was not adequate and would need a lot
of work to be brought up-to-date.
Mrs. Gordon: Well, we weren't going to have to do it. It was going to
be done by the owner of the property.
Mr. Fosmoen: I am going to have Mr. Daughtery respond to your questions
on the rental of the space, but let me finish the points that have been
raised by the Task Force. Second point, we cannot recommend an additional
hundred thousand dollar funding for New Washington Heights, the third point
they asked us to look at the rehabilitation guidelines on commercial property
and we indicated on the 16th,--the memorandum of the 16th, that we will do
that.
Mrs.Gordon: The last part of your conversation was not very clear and I
couldn't hear you.
Mr. Fosmoen: There was an additional point that the Task Force spoke to,
and that was to examine the guidelines for commercial rehabilitation loans
and grants. And we told the Commission the last time this item was discussed,
that we would do that. We are looking at those guidelines. We at that time
also indicated we have some difficulty with outright grants for rehabilitation
on commercial property.
rn.
91
'APR 1 9 1971
Mrs. Gordon: I just need one thing to understand and then we can go on.
That is, what is the role of the C.D. Task Force in a community in Culmer
differing from a community on the south side of Flagler? How is it they
can have their decision -making process overruled and the other side does
not? Or any other sides do not?
Mr. Hutchinson: Amen.
■
Mr. Fosmoen: Commissioner, with all due respect, if you check the record
and the reports that we've made to you on Community Development and the
recommendations that have come out of each of the target areas, you will
find disagreement on some issues between the Target Area citizen partici-
pation group and the staff.
Mrs. Gordon: I don't know of any case where we have overruled the Target
Area recommendations and this might be a first time, is it?
Mr. Fosmoen: You've done it many times Commissioner.
Mrs. Gordon: I don't recall --maybe I don't recall.
Mayor Ferre: I think it is important that we start concluding this.
You've been here for a long time waiting and I think you are entitled
to an answer tonight. As far as I am concerned, I think this thing has
been talked about and we are at a point within the next 5 or 10 minutes
to come to a conclusion on this.
Mr. Fosmoen: Again, the last time this was brought to you, we indicated
that we would reevaluate the funding for New Washington Heights in June.
And that was our recommendation, --not to just carte blanche add a hundred
thousand dollars to their budget. We don't have any basis for recommending
that at this point.
Mr. Hutchinson: That is a lie.
Mayor Ferre: Don't phrase it that way. Put it a little softer.
Mr. Hutchinson: All right, --okay, I'll put it softer. That is not accurate.
Mayor Ferre: That's a much nicer way of putting it. Go ahead.
Mr. Hutchinson: At the last meeting, --at this meeting on March the 13th,
--the community by unanimous voice indicated that they felt that New
Washington Heights needs that money to expand and to improve the services
that it is providing to their community. Prior to that, at this Commission
meeting on February 22, I personally raised, and I'm sure you were present,
I recall you being present, I raised that same point. At that time I indicated
that I had written Dena Spillman a letter beck in December, indicating that
members of the Community had asked me to write with respect to increasing
the amount of funding of New Washington Heights. Now I think the record
of the community at the meeting on February 13, which was unanimous, --
what more do you want? You made the accusation before that the community
was divided. Now, if it is unanimous, how is there some kind of division?
I submit that this is nothing but one ploy after another, to deny us of
the funds that this City gets based primarily upon the economic plight of
that area. Twenty seven percent of all the C.D. dollars the City of Miami
received under the national Community Development Act, which is administrated
by the Department of Housing and Urban Development--27 percent of it is
predicated upon statistics, the housing conditions of Culmer. You are
going to tell me we can't get a hundred thousand dollars?
Mrs. Gordon: Is there a budget Hutchinson on that hundred thousand already
prepared? You have the budget on that?
Mr. Hutchinson: No, I don't have the budget.
Mrs. Gordon: I don't mean you particularly. I mean the New Washington Heights
has a budget?
rn.
APR 1 9 1979
Mr. Hutchinson: I don't think that would be a problem ma'am.
Mrs. Gordon: Okay. I am going to move a motion of intent. You want to
speak first? Go ahead.
Mr. Moses Florence: Commissioner Gordon, my name is Moses Florence and
I am president of the New Washington Heights Community Development Con-
ference. A budget has been prepared. That budget will be submitted to
the City staff and we will work with the City staff on the expanding of
the services we wish to provide to the area.
Mrs. Gordon: Okay. That's what I'm trying to find out. You know, all well
and good to fund. We want to know what we are funding, what can be done.
Mr. Florence: There are specific uses for the expansion of services in the
area, for techincal assistance.
Mrs. Gordon: One of the most important things that I see for this community's
revitalization is unity and support from us. And I believe from the bottom
of my heart if we don't support this area its demise is in store. And I
would move you that we go on record in support of this Task Force of
Washington Heights, and the community in general so that it can revitalize
itself, that it can stand together as a house not divided, but united.
Because if you don't stand together united, you are all going to go down
divided. That's a motion of intent to proceed subject to receiving the
budget for our perusal.
Mr. Plummer: Is there a second?
Mr. Lacasa: I second.
Mr. Plummer: Under discussion.
Mr. Grassie: Under discussion, the staff has suggested that they might
have a little information on this point, and have offered to present it
to the City Commission.
Mrs. Gordon: He can speak on it under discussion.
Mr. Grassie: I see.
Mr. Plummer: The chair is fully intending to hear everybody that wishes
to speak. Who wants to speak next? Mr. Daughtrey is recognized.
Mr. Daughtrey: Mr. Hutchinson made reference to the record. On our last
Commission meeting a memorandum from Dena Spillman to Mr. Grassie refer-
ence the Culmer Community Development Task Force meeting was passed out,
and a copy attached to that was a chronological order of all the resolutions
that have been passed by the Task Force recently in the Culmer area.
On January 11, 1979 the second item, a second resolution that was passed
by the Task Force reads:'funding to be recommended for economic development
in the amount of $200,000, that the program not be administered by New
Washington Heights office of Economic Development. My rationale for making
this presentation not only because they have suggested that they take
one hundred thousand dollars from a program that I administer, but that
the community does in fact feel that there is a need for a viable, competent
economic development office to be run in that area. I submit that that has
not been the case. And that to support that, previously presented to this
Commission was an evaluation of the present program, and that that evaluation
indicated that the program was less than what it should have been. And we
contend, --I contend, that for us to recommend an additional one hundred
thousand dollars to this particular agency without us having adequate
services for the present one hundred thousand dollars, would not be in
the best interest of the Culmer community. I further submit that in order
for the Culmer community to survive there is a dire need for a viable office
of Economic Development to function and flourish in that area. We have not
had that. And because we have not made the necessary changes, Mr. Fosmoen
has indicated that in June the City is going to make those necessary recom-
mendations. I submit that if we were to give them the money regardless of
where it came from, --my program or someone else's program, --unless we make
rn.
93
APR 1 9
1979
the necessary changes to make sure that the product that we are getting
for our money is up to par, then we would be, in my opinion remiss.
Mrs. Gordon: Newell you are making statements you know about the viable
one that is coming on the scene. Who is going to operate that viable
one you see on the horizon?
Mr. Daughtrey: My contention is this, --I have no choice or no person or
no group, or any group specifically. I honestly believe that the present
corporation can operate if they chose to, a viable office of economic
development. I can't say what their abilities are. All I can say is that
working in the field for the past 20 months, it has been next to impossible
to move from point A to point B. I must also submit that in the last two
months the situation has begun to actually turn around, and we have made
more strides in the last two months that we had made in the previous
eighteen months. But to just arbitrarily take a hundred thousand dollars
from one program and give it to another program without really saying
that we have not corrected the problems that presently exist, I don't
think is in our best interest for the community as a whole. I am willing
Mrs. Gordon: Newell I hear what you say, but I also hear what you didn't
say.
Mr. Daughtrey: I am willing to discuss anytina....
Mrs. Gordon: You heart is in the right place you know, but maybe it is
a little bit constrained, a little tight wrapping around it. I have a
motion on the floor and, --go ahead Father, you want to say something?
Rev. Gibson; Mr. Chairman, and members of the Commission, if I sat here
and didn't say anything, I would not be Theodore Gibson, something I don't
do. Never have and never will. Rather die and go to hell first. The only
reason you are getting any semblance of cooperation, --tell the whole
story. I got the two factions in my office over there am told them that
it was in their best interest. The Commission in turn instructed me to
go out and have a meeting,..and I came back, I wish you would have heard
what they said about me and to me. I simply reported to what happened. I
said to them no formal action was taken, that this day will come. This
very day and hour. I want to say that for the public record and I want
to make sure that those persons who called me a Judas and all the other
names, would know that I was sincere, I was telling the truth. I wasn't
lying. One thing I promised myself and God,..when I pray up here you
notice I say I want is best, right, fair and just for this community. I
believe in that. Let me tell what this Commission doesn't understand.I've
talked over this matter with certain people from both groups.
Mr. Hutchinson: Father what do you mean by,...
Rev. Gibson: Wait, listen man, I listened to you. Let me point out to this
Commission what is happening. There is a struggle now, and I only say
that for the best interest of that community, --I said this to them
privately in that room, I want to say it publicly, you'd better get
your acts together. Now, what's confusing, --is what I've said to a couple
of people. You cannot have the tail wagging the dog. The dog's got to wag
the tail. And if you don't do that,...I am not opposed to the two hundred
thousand dollars,...I am not opposed to the one hundred thousand dollars,
I am opposed to sending money unless you get some definite direction and
commitment. I am opposed to that. Now, you need to know this also before
you do anything. See that lady there? She represents another group of
people who are saying that we want the Interim Assistance Program come
hell and high water. Isn't that right? That's what I heard. And you need
to know that same lady along with one or two others finally wrote me a
letter congratulating me, thanking me. They thought I was going in the
other direction. They said you are trying to be fair and impartial. Now,
I would hope that any motion made up here, because you know I've got to
bear that cross man, whether you all like it or not. I am the only guy who
is going to get burned up here. I know what you are going to say,..well
you aren't the only commissioner. Everybody will go home a hide man, and
I can't hide. No hiding place for me. They all know where I live. They
have got to ask you all where you live. Everybody knows where I live.
rn.
APR 19 197!
Rev. Gibson: Okay listen, what you ought to do is to get some commitment
as to how you are going to spend that money. Rose, don't tell me you have
a budget. Put the budget on the table.
Mrs. Gordon: That's right. That's what the motion is.
Rev. Gibson; Wait, wait. I don't want them leaving here thinking that
they got the money because you know, I know how my people are. They will
go out here and say well we got that money. No, no, no. This is a motion
of intent and you ain't going to get that money until that budget gets on
this table.I will never vote for it until you put that budget on the table,
and tell us how you are going to spend it. You know I am opposed to anybody,
--black, white, blue or pink spending money that belongs to the taxpayers,
and not accounting for it, and not spending it in the best interest. Now,
let me say another thing, okay,...one of the things I took up with them was,
you know if you are trying to revitalize that area and change the image, when
you go to work to bid and talk about housing that program. You ought to also
make sure that the requirements you exact today over there are the same kind
of requirements over here,..if you understand what I mean. Let me go into
detail, because this is important. Mr. Daughtrey says he is in a building
that belongs to H.U.D. HUD is saying to him you've got to go. Isn't that
right? That's what they were saying. They may have changed, but that was
the original argument. Okay. Mr. Daughtrey said in the meeting where I was,
that the reason they wanted this other building is that they needed a
building that had enough office space along with the fact that they
needed a building that had yard so that they could acquire material to
use in remodeling and renovating, and that they needed enough space that
they will have a fence because you know even thought it is helping poor
black folk, they still steal from other folk. Tell them I told you that.
And he wanted the property protected. Now, I think that the Commission
ought to also know that a part of the argument is that Mr. Cash's building
is not in that geographical location. Now I went up there and saw it and
I need to tell the Commission that Mr. Sonny Wright wanted to offer for use
providing they renovate and all that business to Carver Hotel, which presents
in Theodore Gibson's opinion one devil of a problem. Now we aren't going into
a transit house business and all that business, --that's a hotel. That hotel
was built at the time when white folk did not exact of black folk, that they
have yard space. They built on every inch of the ground. Now, look, if I
don't tell the truth, I can't live with myself and I can't sleep tonight,
and I thought I'd better put it all on the table. I have not objection to
the $200,000 providing, --and I'm going to hush, --providing, you come up
with that budget, and the restraints are there. I would think that if the
people want the Interim Assistance Program, you ought to consider whether
you want to put all your money in one direction,nver against putting some
of your money one place, and some another. I'm through.
Mr. Plummer: For the record, sir, --you wish to be recognized, your name.
Mr. Moses Florence: I am Moses Florence, and I spoke before. I am
president of New Washington Heights Community Development Conference.
You have before you a document of about 5 pages which outlines the
activities the Washington Heights has conducted within the past year.
We have been funded for two years now and we have been doing a number
of things in the area. I think the list if quite complete and it does
not indicate as has been stated that there are problems or inactivity
with the program. We have serviced well over 275 clients out of that
office and all kinds of activities, with market studies, feasibility
studies, commercial rehab loan packages, bank loan processing, S.P.A.
loan processing, business conflict. We have done contacts with various
types of agencies and organizations around the country in terms of bringing
businesses into the area. We have worked with the property owners and all
classes of citizens in that area, in terms of organizaing them for the
betterment of the economics of that area. These kinds of things that we
have been working on, working as a catalyst in that area since 1973. The
first 3 or 4 years of our operation were unfunded. These were all citizen
volunteers that were working in the area toward the revitalization. There
was no money. There was no politics then. It was just a matter of a bunch
of citizens wishing to accomplish something in the area. The very first year
rn.
APR 1 9 1979
of our funding, the City of Miami's study was completed from the University
of Miami in conjunction with Washington Heights. We cannot or no one
really can sit here an say after looking at the documents and the pro-
grams that Washington Heights has conducted, and all of this information
of course which is available to the City as we do make monthly reports
to the City of our activities can indicate that the program has not
vital and active. There can be comments as to personalities and so forth,
but I don't think that can relate back to the functioning and the oper-
ation of the office. We have some very dedicated people in that office
who work at times 24 hours a day towards one accomplishment, not towards
the pay check they get from this program, but because they are seriously
interested in redevelopment of that area. We have gotten the community
to the point now where we are beginning to move into the development phase.
It is necessary that Washington Heights, --the community activity in that
area provide the techinical assistance that is now needed for this future
development. This is what we are discussing. This what we are commenting
on. Yes, we will be meeting with the staff of the City. We have not problems
with that. We will be developing a work plan with the City for expanded
services. We will be developing the technical assistance that is necessary
to go this next phase, to go this next step which represents the full
development of the area. And that budget will be brought directly back
to the Commission with the approval hopefully of the staff and Washington
Heights.
Mrs. Gordon: It is true you do have a certified public accountant who does
audit your books. Would you state his name for the record?
Mr. Florence: His name is Paul Fayhoff. He is a C.P.A. He has
been monitoring our books now for three years and there have been no
problems with our records.
Mrs. Gordon: There is no concerns about diverted money. There's no con-
cerns in my mind at least of anything of that sort. I need to aee your
proposal, how you expect to spend the money and the motion includes that.
Okay.
Mr. Plummer: Any further discussion? Name and address for the record.
Mr. Charles Cash: I am Charles Cash, 1101 N.W. 49th Street. I would
like to talk directly to Father Gibson on what he said about the building
at 2040 to 2060 N.W. 2nd Avenue. Father Gibson you said that the building
wasn't in shape to house the Interim program. We made a bid on that,
housing of people with calls for 5,000 sq. ft. Now we had that amount
of space there unless we wouldn't have put out a bid. Now, the way you
put it to me, like I'm foolish, I don't know what I'm doing. I put out
the bid because I knew I had enough space there for the people. Now
whether they rent it or not, that's another thing, but I had enough space
there, and as far as you coming around, --you ever came in and look in the
building and see what we really had there, or you pull around the corner
and look from the outside, are you basing your point on that? Now if they
want to rent it, its all right, if they don't rent it it is still all right,
because we will rent it some way or other. But don't say those kind of
things if you don't know exactly what you are talking about. Thank you.
Rev. Gibson: Let me answer. All you have to, --I don't want to have an
argument my brother. If what I said is not true, Mr. Daughtrey come to
the mike. Tell me what you said the boundary line is.Tell the Commission.
I am going on the strength of what the boundary line,..go ahead and tell them.
Mr. Daughtrey: The Culmer C.D. boundary on the south end is N.W. 5th Street,
along on the east side is the F.E.C. railroad track, up to 20th Street,
westerly along 20th Street to 3rd Avenue, up 3rd Avenue to N.W. 22nd Street,
westerly over to 1-95, down to the 836 to the Miami River.
Rev. Gibson: Mr. Cash, listen to what he told me.
Mr. Cash: Can I show you this? This City document right here. Now this says
here, north by 21st Terrace.
r n.
Ceti
APR 1 9 1979
Mr. Plummer: Mr. Cash, the Chair is going to rule that it is not in
your favor to interrupt the Commissioner. May he finish?
Rev. Gibson: All I did Mr. Cash was to take the boundary that he gave
me and that's why I said that the building was not in the boundary. Okay.
So don't blame me. You have to say that I took the staff's word. You
understand? So don't blame me.
Mr. Cash: Commissioner, you should take the people in the community word
sometime. Now I got affirmative action here from Dr. Ferguson office.
Now, when I first got the $85,000 for my building,Dr. Ferguson marked
here that we were in Culmer. Now, I got something here from Culmer,--
this is a document from the City also. They said here that the general
boundaries on the north by 21st Terrace. Now I want to know where is
21st Terrace from N.W. 2nd Avenue. There's no 21st Terrace up there.
If its 21st Terrace,...my address is 2040 N.W. 2nd Avenue, and if it
is 21st Terrace , I am in Culmer. This City document right here. Thank
you.
Mr. Hutchinson: Just a response to a few things that have been said. I
did indicate to you that this was a unanimous vote by the community. I
believe it 26 to 0.. Father Gibson was present. The person whom he was
referring to, who was 100% behind the Interim Assistance program, was
also present, but for some reason decided that she would vote in favor
of the Economic Planning Committee report, the recommendations that you
just read. It was twenty-six, zero. Now what has been happening and what
I believe is attempted, --is to protray that the Culmer community is divided
and I want to make it clear that the Culmer community is not divided. The
community is not divided. If there is any division, the division is with
respect to staff. Staff wants to do it one way, and the community wants to
do it another way. Now that is the source of any division. My second point
is with respect to Mr. Fosmoen's statement that if a hundred thousand dollars
was taken from Mr. Daughtery's program, that there would only be eighty-five
thousand dollars left. I indicated to you once I heard it, that that was a
sham. I do believe that February 22, Ms. Spillman recommended Project
Allocation City of Miami. For Culmer she has Culmer Housing Revitalization
$200,000, Interim Assistance Program $200,000. That's $400,000,--not $185,000.
which will be under Mr. Daughtery's jurisdiction, which is the same thing
as his Interim Assistance or Revitalization Plan. And to be specific, the
recommendations which were approved twenty six, zero, did indicate that the
money would come from Interim Assistance program or Revitalization Program
whatever its new name happened to be. Now it is quite clear that this
$400,000.-- mean in this document was not prepared by me, but it says
to Joseph R. Grassie, City Manager from Dean Spillman, Director Community
Development, February 6, 1979, reference 2nd public hearing, February 22.
I would indeed think that that is a clear evidence of a sham, and I do not
see any reason for this Commission not giving the additional money, and
furthermore from not accepting Mr. Cash's bid with respect to his premises
for the rental space. Now we are talking about money that can be reinvested
into the Culmer community. That building is going to clearly benefit citizens,
residents, workers in the Culmer community when it has been indicated that
the building on 5th Street,--111 N.W. 5th Street, is probably going to be
owned by someone who isn't even a citizen of this country, but someone
down in South America. Now, I am sure when the national government passed
the national Community Development Act and they appropriated billions of
dollars to revitalize blighted areas, I'm certain that they intended for
the money to remain in the community so that it could be invested and re-
invested and create jobs and develop that particular community, as opposed
to having money transferred out of the country. From the community itself,
the sentiment of the people which was twenty six zero, and from the intent
of the Act through which you get the money, I think we have to have it.
Mr. Plummer: Are you finished sir? This young lady is recognized. For the
record your name and address.
Mrs. Anne Marie Adker: My name is Mrs. Anne Marie Adker, I am an original
member of Culmer Community Development Task Force. Mr. Hutchinson saw fit
in February to appoint his own, 5,6,and 7 member task force. He indicated
that the vote was unanimous, so he is saying that only 26 people was in
4�1 APR t 9 1979
rn.
the meeting. Would you ask him how many people was in the meeting?
Mr. Plummer: Ma'am, speak to the Commission.
Mrs. Adker: In January of this year, Representative Cherry and myself
came before this Commission and taking from a report that we got from
New Washington Heights at that time, an evaluation from Mr. Fosmoen's
office, we recommended that funds not be given to New Washington Heights.
But I came here today, and I thought about the community and everything,
and I don't want a split in the community. I came here today, --we hive
gotten nothing that we have requested from New Washington Heights up to
this time. And I came to request from the City Commission that New Wash-
ington Heights should meet with the Culmer Task Force in order to get
together some sort of cooperation because since they have been there,
I haven't seen anything done. When I think, if we got together something
can be done. One of those things, Mr.Hutchinson,...
Mrs. Gordon: I recommend that you do that, --do exactly that. You work
together, help each other. What she is saying is you have had cooperation.
Mr. Bill Sernacker: I am Bill Sernacker.
Mr. Plummer: For the record, your address.
Mr. Sernacker: I live at 8438 S.W. 103 Avenue. I came to Miami in 1946, by
the way. That aside, I've been engaged in attempting to convert apartments
in Culmer to condominiums and we have now gotten financing through New
Washington Heights, in the form of bank commitment from First Federal to
provide the end loans and we are proceeding to do this job to provide home
ownership for the people there. Probably we have commitments on a hundred
more units, at this point to convert. We expect it to be a continuing
process to make home ownership a way of life in Culmer. It will bring
money. It will bring jobs into the area because these apartments will be
renovated to modern standards. Now, all of this is much certainly far
more their doing than mine. They have put in place bank connections.
They have put together a program that allows financing in that area
where 2 or 3 years ago it was unobtainable. Now, there is an achievement .
That's real. The talk about looking for grants for nothing, that is some-
thing else. But this is real and this something that has to be done. That
area is throttled by lack of getting bank financing and getting the banks
in there, having the know-how to put together packages the banks will
accept so that that area can be revitalized with commercial money. Not
with grants. Thank you.
Mayor Ferre: All right. Ladies and gentlemen we have been going on this
for over an hour and a half and I think as I said an hour ago, we really
should come to a conclusion on it. I think we have a motion and a second.
Would you repeat the motion Mr. Clerk?
Mr. 0ngie: A motion of intent that the City Commission go on record in
support of the task force recommendation in Culmer in general for their
revitalization and to proceed with their requests subject to receipt of
a proposed budget.
Mr. Fosmoen: Mr. Mayor a couple of points of clarification. Is it also
the intent of the Commission to follow the recommendation of the Task
Force and reduce the funding for Interim Assistance?
Mr. Plummer: I think that was spoken to in the motion. Read the motion
again Mr. Clerk.
Mrs. Gordon: It wasn't mentioned in the motion. What is your point Dena?
Ms. Dena Spillman: I just wanted to clarify something that was said
earlier. Interim Assistance was cut $50,000 for next year. They will
have a $200,000 budget. That's what we recommended. It is not four hundred.
That's just for your information.
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APR 1 9 1979
Ms. Spillman: The program he is referring to is the Housing Rehab-
ilitation Program which will be operated either out of my office
of Mel Adam'S shop. Its not Newell's program. Its not Interim Assistance.
Mrs. Gordon: Well, what's the difference.
Mr. Hutchinson: There is no difference basically. The recommendations
indicate that the money would come from Interim Assistance or Revital-
ization Program. Now that is right here in the Minutes. So you are
talking about based upon what was prepared by you Ms. Spillman, a
total of $400,000.
Ms. Spillman: We've got a semantics problem. What I said before is
accurate. I don't feel I have to argue it anymore. Two hundred thousand
dollars for the housing rehab is a program that will be run by my office
or Mel Adams' office. Its a multi -family rehabiliation program. Newell's
budget for next year is recommended to be $200,000. I am not lying to you.
Mr. Hutchinson: Isn't that program under Newell Daughtery right now?
Ms. Spillman: No it is not. It does not exist now.
Mr. Hutchinson: Mr. Daughtery's program does engage in revitalization.
Ms. Spillman: Sir, it is not the same program. It does not exist. I've
answered the question.
Mrs. Gordon: It doesn't exist but the funds are available for it. Is
that what you are saying?
Ms. Spillman: Commissioner Gordon, its a new pilot project we are going
to develop for multi -family rehab. It will either be a loan program
and intra-subsidy program. It haven't started yet and we wanted to
start in Culmer and hopefully appy it city-wide in the future. It does
not exist at this point.
Mrs. Gordon: Okay.
Mr. Hutchinson: That's the additional money.
Mrs. Gordon: It hasn't expired yet. I don't know when you are going to
get started. Let's revitalize the area economically and its little flame
that is buring right now Dena as I see it. Okay. I want to give you a
little example. If you blow hard you will blow it out, but if you give
it a little encouragement it will flame brighter, and I want to give
it a little encouragement.
Mr. Hutchinson : Thank you.
Mr. Grassie: Do we have an answer Mr. Mayor with regard to the question
of whether or not it is the intent of the City Commission that the hundred
thousand dollars come out of the Interim Assistance Program or not?
Mrs. Gordon: Which one are you recommending? You are the task force.
I am not making any recommendation. I am accepting your recommendation.
Mr. Hutchinson: Our recommendation indicates that the money would come
from Interim Assistance or the Revitalization. Now Ms. Spillman just
indicated that there's $200,000.
Mrs. Gordon: You are saying half and half? Is that what you are saying?
Mr. Hutchinson: Between the Interim Assistance and this Revitalization
program there will be $400,000 available.
Mrs. Gordon: I would say that the motion includes that the Task Force
Chairman and the staff get together and decide from which place it is
coming.
rn.
99
APR ! 9 1979
Rev. Gibson: Unless you sit here and understand it, ..both of those
groups had better get together.
Mrs. Gordon: That's what I'm talking about.
Mr. Hutchinson: What groups.
Rev. Gibson: No, no. Look, man I don't want to vote against you. Let
me tell you Rose what is happening. Note what you just said, what you
need to do is make sure somebody is the parent body. Okay? You know you
and I had that discussion before. You'd better listen to what I'm telling
you.
Mayor Ferre: Are we all clear? Any questions Newell?
Mr. Grassie: Yes. I think in fairness to the City Commission we need to
get to the staff's bottom line Mr. Mayor. Our bottom line is this, one,
the Interim Assistance program in our estimation is one of the more effective
programs in that neighborhood. To transfer money out of it means that you
are going to make it ineffective. Further it is the staff position that so
far we have demonstration of effectiveness with regard to New Washington
Heights and what they are attempting to do. I am not suggesting there is
complete agreeement on that. What I am saying to you is, that is the bottom
line. And the third point is that between now and the time when we would
bring any document to you which would assign money, I would suggest that
we also bring to you an evaluation of New Washington Heights, of the
Interim Assistance program and also questions of conflict of interest
if we have any in those programs.
Mayor Ferre: Well, I think you would be irresponsible if you didn't do
just that.
Mrs. Gordon: What kind of conflict of interest are you insinuating?
Mr. Hutchinson: Let's talk about them now.
Mr. Daughtery: In the Community Development meetings,..
Mayor Ferre: Newell, excuse me for interrupting you, I've got to catch
a plane tonight and I just want to tell everybody here that I must leave
here in about an hour, and I would hope that we,..
Mrs. Gordon: I think if you remember Mayor that I had asked that this
meeting be concluded at six because I was going to be catching an
early moring flight. You remember that?
Mayor Ferre: I've got a flight that is going to take 8 or 9 hours, and I've
got to leave because the plane won't wait for me. So I want to let you know
I am leaving in about an hour and we have other things we really should do.
Freddy what is your problem?
Unidentified person: Mr. Mayor and members of the Commission I am just trying
to find out whether or not,....other people were given consideration,...
a lot of people waiting here hours to be heard...we are waiting here from
2 o'clock to be heard, I hope that,..
Mayor Ferre: That's why I want to bring this to a head.
Rev. Gibson: Mr. Mayor I suggest you pass the motion of intent.
Mayor Ferre: A11 right, as a motion of intent.
Mrs. Gordon: I agree with that but I didn't like the insinuation the Manager
made, and I don't think we can go away from this chamber without him clarifying
that, and casting a cloud on everybody and everything connected with it.
Mr. Daughtery: I'd like to make it brief. It is our intent to once again
request a legal opinion as to whether Mr. Hutchinson, the C.D. Task Force
Chairman has a conflict of interest as it relates to him being the landlord
rn.
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1O�►
APR 1 9 1979
for the lease that New Washington Heights has which is fully paid by
Community Development dollars. Further, the lease specifically says
the last clause, the tenant is released from obligation if the tenant
is not funded. All of the funds of New Washington Heights are from
Community Development. Mr. Hutchinson is the Chairperson of that Task
Force.
Mr. Hutchinson: May I respond?
Mrs. Gordon: Yes, sure.
Mr. Hutchinson: I believe that a legal opinion has been provided by your
City Attorney. I belive it was provided in December of last year. Am I
correct Mr. Knox? I may be incorrect about the date.
Mr. Knox: There was a draft a legal opinion which was prepared by a member
of the City Attorney's staff that somehow got disseminated without the sig-
nature of the City Attorney.
Mayor Ferre: Well, do you concur with the legal opinion that came out of
your office?
Mr. Knox: Yes, sir.
Mayor Ferre: So, in other words, whether it has your signature or not you
concur with it, and you support it, therefore, you have signed it, it was
before you now.
Mr. Hutchinson: And, Mr. Knox, am I correct in stating that the opinion
of the City Attorney's office is that I am not in conflict of interest?
Mr. Knox: The opinion of the City Attorney's office reflected that based
on the facts that were before..that were being considered at that time
that there was not likely to have been a conflict of interest in fact, but
the legal opinion also contained a caution that "conflict of interest laws"
were designed to avoid appearances of impropriaty.
Mr. Hutchinson: And furthermore, that entire lease agreement was executed
prior to my being C.D. Chair person, and secondly, I did not prepare it.
Mayor Ferre: Further discussion. All right, if not, call the roll.
Mr. Ongie: Mrs. Gordon?
Mrs. Gordon: Wait a minute, wait a minute, Mr. Mayor, I know you are in
a hurry and I am too but I don't think we can cast a cloud and not have
that thing cleared up.
Mayor Ferre: I think it's been cleared. It's been completely cleared.
Mrs. Gordon: Okay, now, is it cleared up? There is no conflict of in-
terest according to the City Attorney?
Mayor Ferre: You heard the City Attorney.
Mrs. Gordon: I am reiterating it for the record.
Mr. Hutchinson: Thank you.
Mayor Ferre: It's clear on the record, the
with the legal opinion as drafted. Period.
the roll.
The following motion was introduced by
adoption.
man said that he concurred
That's the end of it, call
Commissioner Gordon, who moved its
MOTION NO. 79-255
A MOTION OF INTENT OF THE CITY COMMISSION TO GO ON RECORD IN
SUPPORT OF THE RECOMMENDATIONS OF THE CULMER COMMUNITY C.D.
101
(M-79-255 coned):
TASK FORCE AND EXPRESSING CONCERN FOR THEIR PROPOSED REVITALIZA-
TION OF THE CULMER AREA AND DIRECTING THE ADMINISTRATION TO PRO-
CEED WITH THE C.D. TASK FORCE'S REQUEST FOR ADDITIONAL FUNDING,
SUBJECT TO RECEIPT AND REVIEW BY THE CITY COMMISSION OF THEIR
PROPOSED BUDGET DELINEATING INTENDED EXPENDITURE OF THESE FUNDS;
AND FURTHER DIRECTING THE CHAIR PERSON OF THE CULMER C.D. TASK
FORCE AND THE APPROPRIATE MEMBERS OF THE ADMINISTRATION TO MEET
TO DISCUSS THE SOURCE OF THE TRANSFER OF FUNDS TO ACCOMPLISH THE
ABOVE.
Upon being seconded by Commissioner Lacasa, the motion was passed and
adopted by the following vote:
AYES: Commissioner Armando Lacasa
Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson
Vice Mayor J. L. Plummer, Jr.*
Mayor Maurice A. Ferre
NOES: None.
ON ROLL CALL:
*Mr. Plummer: Speaking to the motion, I vote "yes".
Mayor Ferre: Thank you very much. Ladies and gentlemen, now...
23.1 DEFERRAL OF CONSIDERATION OF ACCEPTANCE OF A BID
FOR LEASE OF OFFICE SPACE FOR CULMER COMMUNITY
ASSISTANCE PROGRAM.
Mr. Plummer: Mr. Mayor, there is a B portion and -if the Interim Assistance
Program is, as Mr. Fosmoen is saying, going to be put out of business I think
we ought to defer the B portion
Mrs. Gordon: Where is the B portion?
Mr. Plummer:
Mayor Ferre:
second by...?
deferred.
I'm sorry, the portion relating to the rental of the building.
Mr. Plummer moves that item No. 41 be deferred, second by....?,
No second. Is there a second to Item 41?..that the item be
Mrs. Gordon: Again, to the Task Force, the deferment on the building, does
that interfere with the operation of the programs that are going to be taking
place?
UNIDENTIFIED SPEAKER:
Mrs. Gordon: Yes.
Mayor Ferre:
should defer
Mrs. Gordon:
Mayor Ferre:
You mean, deferring on the approval of the...?
Mr. Plummer is saying that because of the action just taken, we
item 41. He made the motion. Mrs. Gordon is asking...
There is no objection.
Is there a problem on that?
Mr. Hutchinson: No.
Mrs. Gordon: Okay.
Mayor Ferre: The answer is?
Mrs. Gordon: I'll second the motion.
Mayor Ferre: Mrs. Gordon seconds, further discussion
roll.
The following motion was introduced by Commissioner
adoption.
on the deferral, call the
Plummer, who moved its
soh
102
WHEREUPON, on motion duly made by Commissioner J. L.
Plummer and seconded by Commissioner Gordon, considera-
tion of acceptance of bid for lease of office space for
Culmer Community Assistance Program was DEFERRED by
unanimous vote.
24. WAIVE 1976 CITY OF MIAMI TAXES FOR "DOUGLAS GARDENS
JEWISH HOME OF THE AGED."
Mayor Ferre: On item 12. That one we can do rather quickly and you can go
home. That w.a the letter that we received from Judge Irving Seidman. If
you will look :..t your record, in your file, this is the Douglas Gardens Jewish
Home for the Aged and what they are requesting is that we do the same thing that
the county did, which was to waive in lieu of of taxes.
Mrs. Gordon: I move.
Rev. Gibson: Second.
Mayor Ferre: Now, I have no objections to that. Does the Administration have any
problems with that? All right, it's been moved by Mrs. Gordon and seconded by
Father Gibson. Further discussion on item number 12. A11 right, how much is that
going to be in dollars?
Mrs. Gordon: It's actually a refund.
Mayor Ferre: ..so we'll all know what...What were the City taxes is the ques-
tion. Your name and address for the record.
Mr. Al Alsop: My
Miami Jewish Home
Avenue, Miami.
Mayor Ferre: The
will know what we
name is Al Alsop, I'm currently President of the Douglas Gardens
and Hospital for the Aged. My mailing address is 4800 N.E. 2nd
question is very simple, how much are the taxes?, so that we all
are voting on over here intelligently.
Mr. Alsop: Taxes come up to $24,401.24.
Mayor Ferre: All right, there was a motion made and seconded, further discussion,
call the roll please.
The following motion was introduced by Commissioner Gordon, who moved its
adoption.
MOTION NO. 79-256
A MOTION GRANTING THE REQUEST OF DOUGLAS GARDENS MIAMI JEWISH
HOME AND HOSPITAL FOR THE AGED TO EXEMPT THE ABOVE INSTITUTION
FROM PAYING THE CITY OF MIAMI'S PORTION OF REAL PROPERTY TAXES
FOR THE YEAR OF 1976, SUCH TAXES BEING THE AMOUNT OF $24,401.24.
Upon being seconded by Commissioner Gibson, the motion was passed and
adopted by the following vote:
AYES: Commissioner Armando Lacasa
Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson
Vice Mayor J. L. Plummer, Jrr
Mayor Maurice A. Ferre
NOES: None.
ON ROLL CALL:
*Mr. Plummer: Mr. Mayor, just for..you know, I'm in favor of it but, Mr. Grassie,
is this precedent setting?
Mr. Grassie: Yes, it is, Commissioner.
Mr. Plummer: Now, let me just so that I understand, not with this item but items
in the future that might come forth, it is my understanding that these people who
had not formally been assessed taxes, are now being assessed and they, are asking
us to waive the City's portion of those taxes, is that correct?
Mrs. Gordon: That was for one year when they failed to register their exemption
on time.
Mayor Ferre: They will get their exemption next year.
Mr. Plummer: Okay, so in other words then, this is really not that big of an
on -going situation in which others could come and apply.
Mayor Ferre: Well, it's a big thing but it's not on -going. $24,000 is a lot of
money.
Mr. Plummer: Fine, I just wanted it for the record. I vote yes.
Mayor Ferre: A11 right. Sir, thank you very much, apologies for having made you
waite.
25. PERSONAL APPEARANCE: James M. Moss regarding
Mayor Ferre:
Mr. Jame:; M.
and our only
Mrs. Gordon:
"1979 GOOMBAY FESTIVAL."
We are now on item 11(a). All right, sir.
Moss: Honorable Mayor Maurice Ferre, honorable set of Fathers,
honorable and beloved City Mother Rose Garden...
Thank you.
Mr. Moss: ...my name is James M. Moss, I live at 1357 N.W. 70 St. in Miami,
Florida. I am here representing Island in the Sun Bahamas Goombay Festival of
Coconut Grove, Inc. A non-profit organization legally registered in the State
of Florida and I'm requesting that this City of Miami Commission grant this
organization permission to block the streets in Coconut Grove, namely, Grand
Avenue between 32nd and 37th Avenue on June 9th, 7:00 A.M. to 10:00 P.M., Mac-
Farlane to Bayshore Drive, south side of Bayshore Drive only, between Main High-
way and 27th Avenue on June loth, 7:00 A.M. to 10:00 P.M. I had formerly tended
my request to the City Manager's office and received a letter from the City
•
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104
Manager's Assistant, Mr. Robert Homan, on behalf of the City Manager, reject-
ing my request. Therefore, I am here to answer questions raised in his let-
ter. I have been told by many citizens that my faith pertaining to this
matter has already been seen and this Commission, being a governmental body,
obviously dealing in politics has already reached a decision pertaining to
the Goombay Festival in Coconut Grove. I do not, and refuse to believe, that
our Mayor and the members of this Commission owe allegiance -or are obligated -
to any individual member of this Commission or to any individual citizens of
the City of Miami regardless of their social or political status. I do believe,
however, that whenever this Commission convenes decisions are made pertain-
ing to the evidence or facts presented and not on the basis of sentimentality
or the wishes of anyone individual at the expense of another. The City
Manager's letter rejecting my request states in essence: (1) Members of our
corporation are not the original members of the Goombay Festival as it is known
in Miami. 2. That we are interfering with the People of the Coconut Grove Festival;
and (3) It must not appear that the Coconut Grove Festival is a problem -making
project. I shall try to address these questions raised.
(1) There are members in our Board of Directors who are the original mem-
bers of the Goombay Festival.
(2) We have no intention of interfering -to the contrary- we seek only
to enhance and preserve, and perpetuate the Bahamian culture and heritage; and
(3) Article II of the Articles of Incorporation state clearly that the
corporate nature of our organization is solely for general, charitable purposes
pursuant to the Florida appropriate law set forth in Part I, Chapter 1617 of
the Florida Statutes. Article III -General and Specific Purposes- states
plainly that the specific and primary purpose for which a corporation is tormea
and to operate for the advancement of charity and education and for otner
charitable purposes by the distribution of its funds for such purposes and
particularly to improve the general community of Miami, Florida, and surround-
ing areas. Two, to aid in providing recreational and social activities for
community residents thereby enabling them to improve their physical
and mental health, etc., etc. Article IV, it also states that our corpora-
tion shall have a perpetual existence and its membership will be made up by
Bahamian by birth and children of Bahamians and banamian american parents.
Friends and so-called of Bahamian families, Bahamian American families, for
the purpose of bringing abour economic and social reforms. I therefore
invite the members of this Commission to join in this crusaae.
Shortly after we have received our incorporation papers from the Depart-
ment of State, Division of Corportions, I received a letter from Mr. John
Williams, alleged Chairman of the now Miami/Bahamas Goombay Festival of
Coconut Grove stating his concern about whether there would be a Festival.
My letter to Mr Williams in response stated that we too were concerned and
looking forward to a successful Goombay Festival and would like for three
of his group members of this group, to sit in our Board of Directors. To
my response, I have not yet received reply and copy of this letter was also
sent to the Commissioner T. R. Gibson. Days later, I received a letter from
Commissioner T. R. Gibson, hand -delivered, asking me and my group to meet
with him here at City Hall at which time he requested, 1) that my group
and the.then John Williams' group merge with equal representation thereby dis-
solving our corporation and electing new officers.
Mayor Ferre: Mr. Moss, how much longer do you think you will need?
Mr. Moss: Give me about 5 or 10 more minutes, sir.
Mayor Ferre: I'll give you 5 minutes.
Mr. Moss: Okay, I will try to get to it. 2) change the name of the organiza-
tion and inject the name "Miami"; and 3) See to it that any one that handles
funds be bonded. Request number 2 and 3, we had no qualms, but request number
1) we consider unreasonable, disrespecting the rights of officers of a legally
organized corporation and belittling. Therefore, we immediately stated .our
resentment. Commissioner Gibson then stated that if his requests are not ad-
hered to, he is going to see that the City does not give us permission to block
the streets, 2) that the City does not appropriate funds for the Goombay Fes-
tival, 3) that Dade Co. does not appropriate funds for the Goombay Festival,
and 4) that the Bahamian Ministry of Tourism does not support the Goombay
Festival. This statements, Honorable Commissioners, then threw more fat into
mh
105
r�
the fire, so to speak. Our requests then now become requests bolstered with
threats which therefore presents an ultimatum demanding unconditional sur-
render. After careful consideration, we have tried on numerous occasions
to find a solution with the other group, to no avail, until one Thursday
night, in the month of March of the same year we met with the other group
and agreed that they would select from amongst themselves five people to
sit on our Board of Directors. They were to hold their meeting on the follow-
ing Monday and notify us of their decision on Tuesday. Tuesday I received an
answer from the group stating that they do not want anything to do with our
group. We therefore immediately wrote the City Manager requesting permission
to block the designated streets for the Goombay Festival only to receive an
answer rejecting us and indicating -we are the bad boys interfering with the
people of Coconut Grove Goombay Festival. We feel that there has been defi-
nite actions taken by the City Manager's office and perhaps by a member of this
Commission to circumvent and nullify our actions pertaining to the Goombay
Festival, thereby infringing on our rights as law-abiding citizens to engage
in lawful and peaceful civic activities in the City of Miami. We have recent-
ly been in touch, however, with members of the Bahamas Ministry of Tourism
who have indicated to us that they would like to see the Goombay Festival
matter resolved. Bearing this in mind and knowing the fun and enjoyment that
the citizens of the City of Miami and its surrounding areas have had by parti-
cipating in the Goombay festivities, we therefore now withdraw our request
for the blocking of the streets on the dates aforementioned at this time. One
thing above all that the forefathers of these United States resented was the
dictatorial powers of King George and the British constant usurp of civil
liberties. The denial of civil liberties is an impediment to a successful
and peaceful society and in your deliberations, City Fathers, bear in mind that
uncontrolled power can very well make heathens out of saints. Thank you very
much for your time.
Mayor Ferre: Mr. Moss, thank you, sir.
26. DECLARE POLICY OF THE CITY COMMISSION REGARDING OFFICIALLY
RECOGNIZED GROUP FOR "CITY OF MIAMI/BAHAMAS GOOMBAY FESTIVAL".
Mayor Ferre: The next item is 11(b) which is the Miami/Bahamas Festival of
the Grove Corporation. Is there a representative that wishes to address the
Commission? How long do you think you'll need?
UNIDENTIFIED SPEAKER: About three minutes.
Mayor Ferre: All right, Ma'am.
Mrs. Frankie S. Rolle: My name is Frankie S. Rolle and I reside at 3430
Williams Avenue, Coconut Grove. I presently serve as Vice President of the
Miami Bahamas Goombay Festival in the Grove. Honorable Mayor Maurice Ferre,
City Commission, I call your attention to a letter that you should have that
has been addressed to the City Manager. The members of the newly organized
group "Miami/ Bahamas Goombay Festival in the Grove Corporation" are request-
ing authorization to sponsor the Goombay Festival this year in Coconut Grove.
We are soliciting the assistance of the City Manager in the following areas:
The City Manager's office for solicitation of funds as well as establishing
guidelines for an audit at the conclusion of the Festival activities. Number
two, all departamental support services than lend themselves to the suc-
cess of the Festival. Number three, that Grand Ave. from McDonald Street to
U.S. 1 and Jefferson Street and Grand Avenue to Charles Terrace be closed to
local traffic on June 9 and 10, 1979 from 6 a.m. to 9 p.m. An alternate choice,
that Grant Avenue from McDonald Street to Douglas Road be closed to local traffic
on June 9, 1979 from 6 a.m. until 9 p.m. and on June 10, 1979, Bayshora Dr.
from 27th Avenue to Main Highway be closed from 6 a.m. to 9 p.m. We are hope-
ful that you will consider our request for approval and we thank you for your
most liberal past support. On page 2, we set up a request for special funds
with the applicant's name being the Miami/Bahamas Goombay Festival
The program title is the Goombay Festival. The mailing address will be 3301
Charles Avenue which is a'temporary mailing address because we are in the process
of securing a post office box. We listed it as a continuation request and the
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106
funds requested will be $15,000. The previous funding grant was $15,000. The
number of expected participants will be approximately 150,000 persons. The
type of clientele to be served are all ethnic groups and all ages. The name
of the authorized representative will be Mr. William J. Stirrup, of the President
Corporation. The purpose being...the principal purpose of this corporation
shall be to foster and encourage the promotion , coordination, advancement
of the Goombay Festival. Further, this corporation will seek, move and enchance
the Miami/Bahamas relationship and support this year the educational theme of
the International Year of the
Mayor Ferre: Thank you very much. What's the will of this Commission at this
point.
Rev. Gibson: Mr. Mayor, I, again, I have not learned how to be a hypocrite, I
wish I did. It would be very political for me to just let the Commission vote
and go about its merry way, but I pomised Theodore Gibson and God that I would
never do that to this community. I do this because I was referred to in the
former speaker's presentation. I need to tell the public that at the end of the
last Goombay Festival there were some difficulties involved, money difficulties.
I did not wish to expose anybody nor to tell the public what was. I thought
that we could peacefully, calmly, resolve the issue. In the midst of trying
to resolve the issue fully, two members of the group that..let's say, the first
Mr. Moss spoke about, were a part of the original committee. It so happens that
while we were trying to resolve the issue, peacefully, without offense to any-
body, they went and had themselves incorporated, see? An all I'm saying, I just
thought I better put that on the record. Now, I don't want to deal with all those
things you dealt with and to say that anybody has this Commission in their hip
pocket, I want to deny all of that. I want to also point this out. I will not
tolerate,at any time, anybody who tries to deceive this community. I want to
say for the record, that the Bahamas government sent its representative over
here a week before last, I was leaving at 9 o'clock to catch a plane to go tp
Des Moines, Iowa, to speak at a college. We met at 8:00 p.m., I got the plane
at 9:00 p.m.,and do you know what the government told me through their repre-
sentative?...And there was a white representative here earlier, I wish he was here
here. The government said that if Gibson, who represents the City of Miami Com-
mission is not involved, there will be no cooperation on the part of our govern-
ment, and I think nobody could deny that. Now, I said to you, that the people
of Coconut Grove advertised,sent out notices, asked to people all over the county
to come to a meeting and they met, they elected a Board, they instructed the Board
to choose its officers and those people that you heard Mrs. Rolle refer to, those
people were the duly elected, constituted people. The Bahamas government will
be dealing, consequently, with those people. We have nothing to hide. We have
come to the City and said: tell us what your accounting system is to be like
so that nobody, nobody, not even my mother who is dead -and I love her dearly -
will be able to take one dime or any of that business. I therefore offer a
motion, Mayor, that the group representated by Mrs. Rolle be the group recognized.
Mayor Ferre: All right, there is a motion, is there a second to that motion?
Mr. Plummer: Second it.
Mayor Ferre: All right, is there further discussion on the part of the members
of the Commission? Call the roll, please.
The following motion was introduced by Commissioner Gibson, who moved its
adoption.
MOTION NO. 79-257
A MOTION DECLARING THE POLICY OF THE CITY OF MIAMI COMMISSION
THAT THE GROUP OFFICIALLY REPRESENTED BY MRS. FRANKIE S. ROLLE,
(NAMELY, THE "MIAMI/BAHAMAS GOOMBAY FESTIVAL IN THE GROVE COR-
PORATION") SHALL BE THE FORMALLY RECOGNIZED GROUP FOR THE "MIAMI/
BAHAMAS GOOMBAY FESTIVAL".
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Armando Lacasa
Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson
Vice Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
Mayor Ferre: All right, thank you very much, ladies and gentlemen.
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101
UNIDENTIFIED SPEAKER: Mr. Mayor...
Mayor Ferre: Yes, Freddie.
My . Fred Bow: Mr. Mayor, with all due respect, some allegations were
made earlier and I get the impression as if we are the ones who are responsible
for the misuse of funds in the last year. We were not. That is the reason why
we have done what we have, we have incorporated, is because of misuse of the
fuuds and give the impression as if the City funds, the Miami/Dade funds and
the people from the Bahamas were abusing things. There were some people person-
ally who stand to benefit, and we want to protect that, we will protect that
in spite of whoever has it, we will watch, we will be the watch dog with who-
ever has anything to do with the Bahamas as long as we live. We are respect-
fully living in this country and we will do everything possible to protect this
country.
Mayor Ferre: All right, thank you.
Mr. Moss: Mr. Mayor, I would hate for the record to state somehow some in-
dication that may ...that James Moss had something to do with any funds
that might have been misappropriated or fanagled with. The reason why, as Mr.
Bow said, we incorporated the Goombay Festival, we saw the foam from the wolfe's
mouth, so to speak, and they were getting ready to devour it, and we knew that,
that's why we incorporated as a non-profit organization that those people sitting
in the higher echelons so -to -speak would get nothing and only the citizens of
the City will benefit from it. Thank you very much.
Rev. Gibson: For the record, Mr. Mayor, Mr. Moss and Mr. Bow were not involved
in the reference I made earlier about the funds. Mr. Moss nor Mr. Bow. Okay?
Mayor Ferre: All right. Thank you very much.
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APR 1 9 MI
27. VACATE/CLOSE alley bounded by Brickell Plaza, Brickell
Avenue and So. West 8th Street - "INTERCAP SUB."
Mayor Ferre: We are now on the 5:00 o'clock agenda, which was item 44 -
"Intercap Sub". All right, line up gentlemen. Mr. Asst.City Manager, as I re-
call, where we left it last time, we were going to ask these two affected
parties to see if they come could back with an agreement. I've got to leave
here in exactly 15 or 20 minutes. I hope that we can conclude this rather
quickly and I'd like to begin kind of backwards, that is, I'd like to ask the
Administration to give us their recommendation then whoever is the opponent
to that recommendation can speak and the other one to speak and then we will
hopefully conclude it.
Mr. Vince Grimm: Mr. Mayor and members of the Commission, Mr. Whipple is
here and Mr. Whipple, I believe, has met with both parties all afternoon and
can report.
Mayor Ferre: The Chair recognizes you, Mr. Whipple.
Mr. Richard Whipple: Mr. Mayor and members of
remember this item has been recommended by the
not complete closure of an alley but closing a
locating it to Brickell Place the old S.E.
has no objection to this, it did not the first
Mayor Ferre: Who has no objection?
the Commission, you might
Zoning Board, it's the....
portion of an alley and re -
1st Avenue. The Department
time.
Mr. Whipple: The Department, the Planning Department. The Urban Develop-
ment Review Board reviewed this development and the alley closure reloca-
tion and had no problems. The Zoning Board recommended it. We understand
the proposals that have been submitted with respect to the Barnett Bank
people and that they have taken some of the suggestions that have been made
regarding the relocation of the entrance way to the parking structure and
have located it in a northerly direction by which to lessen the coneestion
near the alley and near the drive-in teller exit and they've also agreed to_ pro-
vide a counter -flow lane from 4 to 6 pm daily by which to provide additional
access from the alley for anyone who might be using the alley. These propo-
sals we have absolutely no objections to and We continue to recommend ap-
proval of the project and the closure of the alley.
Mayor Ferre: All right.
Mr. Frost Walker: Members of the Commission, my name is Frost Walker, I'm
an attorney, One Southeast 3rd Avenue, Miami, Florida. Mr. Whipple is
correct, there were discussions throughout the afternoon in which an attempt
was made to resolve the problem that has been presented by the applicant
who seeks to close a public thoroughfare to build his building. I regret
to inform the Commission that as of 5 o'clock this afternoon we were unable
to reach an agreement, we do not have an agreement, there is no agreement.
We did not accept or agree to what the people from the Barnett Center have
proposed. They do not remedy the problems which we perceive in the closing
of the alley.
Mayor Ferre: Would you describe for the Commission exactly where the dif-
ferences are, in the simplest terms, so that we can understand them.
Mr. Walker: Mr. Mayor, the differences in the two parties can be simplified
only by saying that they have come up with no type of agreement which is
acceptable to us and which would lead us to believe that we could, in all
candor, give up our opposition.
Mayor Ferre: How many differences are there?
Mr. Walker: It isn't that there are so many differences, it is that there
is nothing agreed upon.
Mayor Ferre: All right, what is it you want, let's put it backwards.
Mr. Walker: We bought a piece of property and paid $2,000,000 for it on an
mh
alley which has access on loth and Sth Streets, and that's....
Mayor Ferre: No, you .know that's not my question, my question is, if you
were sitting and negotiating something, obviously,....Now, you can say
that what you want is the alley left as is, open, I know, I understand, that's
not the question. If you sat down to negotiate that means, obviously, you
were looking for something to try to negotiate...I'd like to know what that
is, what was it that you wanted? Or is it something that is hidden and not
involved with zoning?..Are there other matters involved that are business in
nature?
Mr. Walker: Oh, yes, oh, yes, absolutely.
Mayor Ferre: I see, so there are business considerations here other than
just...
Mr. Walker: Ohter than just whether there is one counter -flow lane or two
counter -flow lane, there were a whole raft of various proposals between the
two parties. I was only privy to the discussions that went from 2:30 to 3:30
or 4:00, and during that discussion...
Mayor Ferre: Now, for..and then I'm going to keep quiet and let you do the
talking for 5 minutes, and then the other side for 5 minutes and then we'll
open it for questions, I'm just going to tell you my personal opinion. As
you know, last time around, I wanted to give you the opportunity -and these
people were all upset and chagrined that we held them back when they had the
Department and the Board and everybody else's approval. Now, I want to tell
you something, and..Father and Rose, just a short sentence here. The only
things that ithink we can consider are matters dealing with the public
welfare and the traffic and the zoning and the alley. If what you are telling
me is that you had business considerations as to how to handle the project
and all that between the two parties, that cannot be a part of our considera-
tion.
Mr. Walker: Well, I'm not asking that that be a part of your consideration,
I am...
Mayor Ferre: I think we can only consider what is within our realm.
Mr. Walker: That's correct.
Mr. Plummer: Well, I think, conversely, I'd like to hear from Mr.Weaver, who
sent me a letter stating that a compromise had been reached. Obviously, one
side or one party feels that there was something negotiated, and yet we
hear from another that there was nothing compromised.
Mayor Ferre: All right, why don't you tell us your side and then we'll
listen to his side and then we'll see if we can come to a conclusion. Go
ahead.
Mr. Walker: Yes, sir, I'll get into my case as to why the alley shouldn't
be closed later, and we have experts ready to testify about the situation
and why it would be detrimental to the traffic and to the People Mover and
to everything else. With regard to the negotiations, I was only present
for an hour and a half this afternoon. I can only tell you that during that
series of negotiations we were unable to agree upon a compromise to the si-
tuation. There is no agreement signed. There were many things discussed
we were very close to an agreement. Regrettably, my client, from Bannick
had to leave to fly to New York and he left the meeting at 3:30 and we were
unable to resolve anything after he left. I'm not unconvinced that some-
thing might be worked out but it hasn't been worked out, there is no agree-
ment and I really don't know how to iluminate the situation any more than
that, Mr. Mayor.
Mayor Ferre: All right, we'll hear from the other side and then we'll get
back to the specifics of it.
Mr. Weaver: Mr. Mayor, if I could just respond to Mr. Plummer's
question, it was my understanding that there were three areas of concern
raised by the Bannick Investors. It was my understanding that there were
three areas of concern raised by the Banick investment people. Area one
was that we would obtain from the City Traffic Department a letter which
would show their willingness to support the agreement which we had made or
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11.0
APR ! 9 1979
which we had arrived at in terms of a reverse -flow lane in terms of moving our
parking and exit 50 feet further north on Brickell Plaza.
Mayor Ferre: All right, was that done, Whipple?
Mr. Whipple: Yes, sir.
Mayor Ferre: In other words, the traffic people agree, that's an improvement...
is it an improvement?.
Mr. Whipple: Yes, sir.
Mr. Weaver: Secondly, we were asked to obtain from the City Planning Depart-
ment a letter which stated their approval of the agreement which we had made
which also contained those two provisions. We also obtained that letter and that
is here, Mr. Whipple has that at the present time.
ME
Mayor Ferre: Tell me again, an approval to do what?
Mr. Weaver: The two points that we had made were one, a reverse -flow lane from
4 to 6 in the afternoon allowing for egress -an additional optional egress- and
secondly, moving our parking entry egress point 50 feet further north on Brickell
Plaza to avoid possible conflict between cars exiting our building onto Brickell
Plaza. That letter was also obtained and Mr. Whipple, I believe, will enter that
into the record. The third thing that they asked us to do was to obtain from
Barnett Bank, Barnett Bank's willingness to allow them to put their banking
trailer on our lot for a period fo 90 to 180 days during the construction period.
I was unable to obtain that because I have no control over what Barnett Bank
wishes to do.
Mayor Ferre: Well, that kind of has me at a loss, what does that have to do
with these other considerations, in other words, that was part of the negotiating
bit, that they wanted to put a trailer on the Barnett property...is that it?
Mr. Weaver: Yes, sir.
Mayor Ferre: For them to have a bank branch, is that it?
Mr. Weaver: Yes, sir.
Mayor Ferre: Okay, well, you know, all is fair in love and war and I under-
stand that as part of the negotiation they can say -well, you give me this and
you give me that and that's all fine, but that's why I wanted to mention that
that wasn't something that really could come within our purview.
Mr. Walker: I think it is unfair, sir, to characterize negotiations between the
parties listening to one side, they have been negotiating for 30 days, Mr. Mayor,
there have been many, many approaches tried and, believe me, it comes down to a
lot more than just to whether or not we got a branch location on a temporary basis
on their property. The fact is that we could not reach an agreement which would
allow us in good conscience to give up what we perceive to be a very bad develop-
ment practice for the area, and that is closing down the alley. In other words,
there are a wide series of reasons why that didn't take place and why we couldn't
agree.
Mrs. Gordon: It's not closing down, it's re-routing, right?
Mr. Walker: They are closing it down as far as 8th Street is concerned.
Mrs. Gordon: So the direction is being changed.
Mr. Walker: Yes, Ma'am, and if you read the ordinance it's for vacating of an
alley.
Mayor Ferre: All right, Mr. Arboleya.
Mr. Carlos J. Arboleya: Carlos J. Arboleya, I'm President of the Barnett Bank of
Miami, my home address is 1941 S.W. 23rd Street. I applaud your initial comments
to the fact that zoning matters and variances have nothing to do with business
negotiations. I'd like to direct the attention of the Committee to that fact. I
appeared here before today not as an owner but as an interested party in the 800
Brickell project as a result of the Barnett Bank of Miami -of which I am President
mh
r^^P -1 9 1979
i
and chief operating officer- being the principal tenant that will occupy that
facility as well as being a participant in the financing of that project. I
have patiently sat through several zoning meetings and have heard nothing but
favorable recommendations from Planning, Zoning, Engineering and other City
departments. Everybody coincides that this buildings another asset to our
Downtown Development Project. The Zoning Board has favorably considered all
recommendations of all City departments, has heard the traffic engineers' reports,
has also favorably recommended approval to this Commission.
Previously, this Commission requested the builders of this property to
do certain things, and you have again heard from Planning and Zoning that they
have been accomplished, and they are again recommending the project. As I
stand here today, I see only one party -there were others initially , if you
recall- opposing this project. I want to express that I feel that this opposi-
tion is not a citizens' concern but of personal gain and interest to the extent
of requesting this morning of Barnett Bank of Miami that their position of
opposing this project will be influenced if we, Barnett Bank, would agree to
allow them a temporary office at our site. I could use a word for that, I'd
rather not, which incidentally, is not even our site, legally, since we are only
the main tenants of the building. Our response was, of course, that it is il-
logical for us to be agreeable to place a competing bank on our bank site which
we will be occupying as our main corporate headquarters.
As a result, I respectfully request that the members of this Commission
evaluate the positive recommendations of the Zoning, Planning, Building and
Engineering Departments, and that it approve the changes requested in the re-
routing of the alley as recommended by Zoning, Planning, Building and the Engineer-
ing departments, by this, allowing progress to continue in our great City without
subjection to personal interest which I feel would only divide rather than build.
Thank you.
Mayor Ferre: All right.
Mr Walker: I don't know where he came in in the order of things, sir, but I
must tell you that no one has a greater personal interest in the closing of this
alley than the developer who is here today, asking you to close it, and the im-
plication that my client is to be somehow maligned because he has a personal in-
terest in not seeing the alley which runs by his property closed....
Mayor Ferre: Nobody is maligning...hey, listen, you are protecting your client's
interests, he is protecting his bank, he is entitled to protect his bank, you are
entitled to protect your bank, you are both right, now let's proceed.
Mr. Walker: All right, sir. You've heard that it has been approved by the Plan-
ning Commission and by the Zoning Commission. The fact that it is here before the
City Commission indicates to me that it must also be approved by the City Com-
mission and that the City Commission is not a rubber stamp and that the fact that
someone else approved it isn't going to mean that the City Commission is going to
approve it.
You are going to be told that this alley has to be closed, that this public
thoroughfare has to be closed or else they are going to build a 25-story build-
ing on this front portion. I told you last week why that isn't going to happen,
it's not economically feasible, the core of that building would be 2,500 sq.ft.,
the footprint would be 7,500 sq.ft., they can't build it. I have with me two
traffic experts from Wilbur, Smith & Associates, the very engineering firm that
has done the engineering work for the freeway system for the City of Miami,the State
Regional Civic Center Office building, Downtown Central Business District Plan, the
Traffic Analysis for Watson Island, they are going to testify that this ill-
conceived traffic pattern into a 2-lane road is disastrous in view of the People
Mover. I have with me my own architectural consultant Mr. Sam Amosimo --Jim,
would you hand out those things, please?- who will hand to you the report that
the Wilbur, Smith & Associates have prepared. The conclusions of Wilbur, Smith &
Associates are that this project with the extensive number of cars exiting onto
Brickell Place was conceived before the People Mover was moved to Brickell Place.
The People Mover was moved from Brickell Avenue to Brickell Place only a month or
two ago. There has been no consideration to what is going to happen when the
People Mover goes down Brickell Place when they build a station which they are
going to build on 8th Street and what's going to happen when they go through the
construction process of the People Mover. And what they've done is concentrate
9 lanes of traffic into Brickell Place when.they didn't have to do it. They had
to do it for personal economic reasons. Now, we can take the position that maybe
it is best for their project to go into Brickell Place but that doesn't establish
that they need also close this alley and put the traffic from the alley into the
same exit pattern on Brickell Place. The arguments that you are going to hear
from them is that all the traffic ought to go in Brickell Place. It shouldn't.
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4
Mr. Walker(cont'd): Our experts can tell you that there should not be a centralized
exit unto Brickell Place where people who are coming in to the Bank must come down
Brickell Place and take a left over three, or four, or five, or six lanes of traf-
fic coming out when those people are turning left. Similarly, the people coming
down Brickell Place who want to go into their parking exit and their exit entry
can't make a right because our people are coming out. It doesn't make any sense
and the experts are here to tell you why. I also have handed you City Ordinance
54-4 which has to do with closing and vacating of streets. Members of the Com-
mission, you should note that it is clear in the ordinance that before a street
or an alley can be vacated you must have the joinder on the Plat and execution
of the owner of all the abutting property and by any person holding any mortgage,
lien or judgment or other interest in the street or alley or abutting property or
any portion thereof. Now, no one has a greater interest in the alley and the access
and the ingress than my client who owns a substantial portion of the property on
the alley. Now, the implication made I think by Mr. Arboleya that -well, there is
only one person left objecting is not surprising, there aren't that many people
on the alley. We are one of the major land holders there, we bought it to have
access on loth and 8th Street, and we are not going to have it. We have no objec-
tions with their project, it's lovely, it's beautiful, all kinds of color, and
beautiful curves, and lines and drawings although they put all the traffic in one
spot, which they shouldn't have but...
Mayor Ferre: Counsel...
Mr. Walker: Yes, sir.
Mayor Ferre: ...I hate to do this to you, you know, I've got a problem, I've got
to leave in about 5 minutes, Mrs. Gordon just came over to tell that she has to go
to Tampa, so you are going to have a Commission with only three people here and
nothing is going to happen, and I don't think that's in anybody's interest. I
would respectfully recommend to you that --and I just talked to two of your asso-
ciates who said that they have traffic information which is important and that
they have a possible compromise. Now, let's get on with it because everything
that you said is very important but you said all that before, every single word
you've said, it's on the record as of the last time you were here, so why don't
we get on with the new material.
Mr Walker: Mr. Whiteside?...Mr. Whiteside...
Mayor Ferre: Yes, tell us your traffic opinion and then come up with a com-
promise to see if it makes any sense.
Mr. Walker: All right, the written traffic opinion has been presented to you,
Mr. Mayor, while you were out. Mr. Whiteside is here really to answer any
questions. The written traffic opinion establishes quite clearly that...
Mayor Ferre: A11 right, is Mr. George McDonald here? All right, why don't you
or Mr. Whiteside...
Mr. Walker: Mr. Whiteside.
Mayor Ferre: ..Mr. Whiteside, either one of you, would you summarize what your
conclusions are?
Mr. Whiteside: Very briefly, sir. The north -south alley provides there very
good distribution to all the streets. The People Mover System is due to come
down the centerline of Brickell Place. The piers there will be either 80 ft. or
120 feet on center. There will be a major station there for the People
Mover System. The traffic is going to be vastly increased and with the eight
lanes coming out at one point, within 150 feet, that we feel that you'll have
a safety problem in terms of congestion. We realize right now that you can in-
crease the turning radius to get the fire equipment around but --if you do it --
but that essentially is to bring all of the traffic from the project. It could
be combined out and you'll have t urn ing movements and you are going around piers
of a transit system probably 6 to 8 feet in diameter.
Mayor Ferre: So what you are saying in effect is that you disagree with the
conclusions of the City of Miami and the County Traffic people, is that right?
Mr. Whiteside: I have to do that, and also
the construction -and it's going to be very
system, is you have a route that you can go
there is one other point -during
important in your rapid transit
around it, so therefore you ought to
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TPR T 9 109
Mr. Whiteside (cont'd): keep the alley open so that the traffic can be routed
around Brikell Place while your People Mover system is under way.
Mayor Ferre: A11 right, now, those...
Mrs. Gordon: What's your alternative?
Mayor Ferre: Mr. Reid.
Mr. James Reid: Can I make a comment on the People Mover. There is an adopted
People Mover very generalized alignment, there isn't an adopted, specific right-
of-way, number one, in terms of where exactly this is going to go. Number two,
there is no adopted precise station locations so the station could well be across
the street, it need not be near these properties. Number three, the objective of
the People Mover is to get people out of the cars and if it doesn't achieve that
then it will not be successful.
Mayor Ferre: All right, sir.
Mr. Whiteside: Can I comment back at Mr. Reid, please sir. I believe your pene-
tration on the transit system...we've got 10% of the total traffic, maybe 20%-25%
in the peak -hour flow, however, in the general area within 1,000 feet of the
transit station -and don't forget there will be one out on 13th Street and Coral
Way- and there will be traffic attracted to the area. Shuttle buses, coming in
and out. My point is that...I just learned tonight about moving something 50
feet up..that will move you all towards 8th Street and it would have to be considered.
I cannot offer a compromise myself.
Mayor Ferre: All right, but now I understand that there was some thought of a
compromise, is that pertinent at this point or should we...?
Mr. Walker: I think you should hear from Mr. Sanamo simo....give your name and
address.
Mr. James Sanamosimo: My name is Jim Sanamosimo, of 90 Park Avenue, New York
City. While listening here...
Mayor Ferre: Jim, you are here representing...
Mr. Sanamosimo: Bank Investment.
Mayor Ferre: All right.
Mr. Sanamosimo: I would like to respectfully submit a possible solution which
would afford the people who front on that alley the egress onto 8th and onto
loth Street and at the same time let Barnett Center build straight across, and
that would be by effectively using air rights. I made a little sketch here.
The air rights would afford -I would suggest- to the City of Miami rent to this
developer the 5,000 sq.ft. plus or minus at a nominal fee. This would result
in a nice sum of money....
Mayor Ferre: But we went over that last time, and the problem...
Mr. Sanamosimo: No, we didn't, I don't believe we did.
Mayor Ferre: Yes, we did, and the problem with it was the question of the column
spacing, am I right? Isn't that what was discussed?
Mr. Sanamosimo: No, that was the People Mover. You only have a span of about
20 feet acrss the alley, your Honor, you could easily span that alley. I've
made a little sketch while I've waiting and I'd like to show it to you.
Mayor Ferre: All right, let's see the sketch.
Mr. Robert Traurig: Mr. Mayor, because of the exigencies of time, I'd like to
merely call on Walter Revell to speak on our behalf with regards to the traffic
situation. Subsequent to the last meeting, we asked for an independent review
by Post, Buckley,S chub & Jernigan, specifically by Mr. Revell, so that he could
appear before you and tell you what his conclusions are. Since everyone here
knows Mr. Revell, I'll merely introduce him and ask him to go forward and explain
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APR 19107!
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what his_conclusions have been.
Mayor Ferre: Well, there might be people who don't know Mr. Revell. Mr. Revell
vas a former Secretary of Transportation of the State of Florida and is present-
ly with a well known engineering firm in Miami. Go ahead.
Mr. Revell: Thank you, Mr. Mayor and members of the Commission. Mrs. Gordon hit
the point on the head earlier when she described the proposal as a re-routing of
an alley which is an alley, not a full thoroughfare, but which serves an important
function in the movement of appropriate vehicles and the Intercap Investment Barnett
Bank proposal does nothing to negatively impact on that, and to the contrary offers
several solutions. The first solution being of tremendous benefit to traffic and
transportation circulation in that area and that is the re-routing of the alley
over to S.E. 1st Avenue providing full access to S.E. 8th Avenue --8th Street,
rather-- for those who want to travel that direction but provides that connection
at S.E. 8th Street approximately 380 feet from the Brickell intersection as opposed
to the present 195 feet. That point was made in your last meeting by Mr.
Traurig but in our analysis it may be underestimated in its value to what you are
trying to accomplish. That improvement to your traffic circulation plan, the ac-
cess of the alley to S.E. 1st Avenue and then northerly to S.E. 8th Street with
that separation from the Brickell intersection, on that thoroughfare is of substan-
tial value. In addition, you've got miscellaneous access to that broken property
on the western side of the Barnett property. You've got old and antiquated under-
utilized property which is consolidated into this plan as you have covered earlier.
We also provide access from Brickell with the two on -site aisleways again,
over half a block from the Brickell. intersection. In addition the Barnett Center
Group has responded to the other City and neighborhood considerations including
specifically a relationship to the People Mover. This Group has met with the
Downtown Development Authority staff, the Dade County Transit staff, they have
been approached about their relationship and cooperation with the People Mover
which, as Mr. Reid points out, is still in its formative stage but they must
begin to establish some of those relationships in coordination. We still don't
know which side of the street it's going to be on or if it's going to be in the
centerline but all of the access and egress to this site will fully accommodate
the People Mover connection and in fact when asked by the public officials and
the DDA what their interest would be in cooperating with the People Mover. The
Barnett Group expressed a high level of interest and total cooperation. So
the People Mover should not be a question in any of these discussions. Beyond
that, the Barnett Group has separated the alley egress on S.E. 1st from their
drive-in access and egress. They have agreed in fact to reduce three drive-in
lanes to one lane for control at the point of connection with S.E. 1st Avenue
and have agreed at considerable expense to move the parking exit 50 feet to the
north, all with good separation and all with substantial clearances from the S.E.
8th Street thoroughfare. In addition to all of these things, with Allen Morris
the property owner on the south in the Brickell Plaza building, they have entered
into an agreement that accommodates a number of other things easements, land-
scape and all that. So we do feel that the traffic and transportation plan pro-
posed by the Barnett Center Group is an improvement not only to those properties
but to the public street system and meets the objectives which you have been
trying to accomplish in much of your other Public Works plannings.
Mayor Ferre: All right.
Mr. Traurig: Mr. Mayor, we have a whole team of people here, you don't want
to hear from them?
Mayor Ferre: We don't have time to hear them, why don't you...
Mr. Traurig: We've got Mac West, from Allen Morris, if you'd like to hear from
him. I think he has some things to confirm.
Mayor Ferre: No, no, I wish...
Mr. Traurig: Okay, we rest our case unless you want to hear more.
Mayor Ferre: We don't want to hear more. Finish your statement and we'll let
the other side finish their statement and let's bring this to a head.
Mr. Traurig: Just generally, I notice Carl Stover, from the Dade County Depart-
ment of Traffic and Transportation; and other people here who are very familiar
with all the technical and engineering information. We think that the design
solutions that the Ferendino, Grafton firm have proposed are.superior to what
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Tiff 1976
Mr. Traurig (cont'd): you heard tonight with regards to the air -rights. We
believe that this is a project which has been fully reviewed by City staff and
recommended to you for approval in an unequivocal way; that from the standpoint
of traffic, to avoid having that weaving through the trail to the north lane
and to go on to Brickell is an improvement and that generally there are no nega-
tive traffic impacts. We rest our case, Mr. Mayor.
Mayor Ferre: All right.
Mr. Walker: One minute, Mr. Mayor, are the traffic impacts are all negative;
the traffic pattern benefits no one but the developer; we can go south and west
very easily now off our alley down to 10 Street. We don't need to be put into
Brickell Place to go south and west, so it doesn't do anything for us. Similarly,
there is no problem existing now at 8th Street and Brickell Place. There won't
be one if the alley is left there. The traffic count on our cars or the cars
in the alley now is minimal, so there isn't an existing problem and to solve
an non -existing problem they are going to create a very real problem right here
on Brickell Place which is a quiet, secluded, two-lane street, which is never
going to be that way again, and they are creating a problem which there is no
need to create and we would respectfully urge the Commission not to allow them
to vacate a public thoroughfare to build a private development, there is no
need for it.
Mrs. Gordon: Question, it seems that some of the material we received --I don't
have it in my hand right now-- the developers agree to open an entrance into
Brickell at some point in the day, at the high -traffic hours, I think, which are in
the late afternoon.
Mr. Traurig: Yes, Ma'am, between 4 and 6 p.m.
Mrs. Gordon: Would you point that out? Nobody said that this evening.
Mr. Revell: I'm sorry. We are talking about right here between 4 and 6 p.m.
for whatever additional need there might be. This...
Mr. Traurig: Counter -flow lane.
Mr. Revell: Counter -flow lane. The drive -way would be reversed and provide
not so much for the Barnett project but for this proposed project kind of...
Mrs. Gordon: Well, it would prevent a bottle -neck, as I see it, from being
created on Brickell Place if there was indeed some way of getting out of there
other than. It is some relief to the traffic in the area.
Mr. Walker: It is some relief but we'll have access on our own property, Mrs.
Gordon, we will have access out to Brickell Avenue so it really doesn't do any-
thing for us to say, -well, you have your own access and we'll give you some
of our access too. We don't need their access to Brickell Avenue.
Mrs. Gordon: Okay, you know, I think we've heard everything we can hear on this
item. I don't think anybody can tell us anything we haven't already heard. I
think that with the stipulation that that exit be reversed at the high -traffic
hours of the day, that -what my major concern was the bottle -neck on Brickell
Place will be relieved. I don't think there is going to be any disturbing fac-
tor earlier in the afternoon or at any other particular time of the day and
with the consideration that development would be better to serve...this develop-
ment would be produced in a better fashion if it is a contiguous parcel I have
to remove my objections because of the consideration of the applicant to route
some traffic into Brickell at...I move that we approve it.
Mr. Plummer: To approve the application?
Mayor Ferre: Yes.
Mr. Plummer: Second.
Mayor Ferre: All right, there is a second.
Mr.Joel Jaffer: Mr. Mayor?
Mayor Ferre: Yes, all right there is a second. Ail right.
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116
tft-
Mr. Jaffer: I have no interest in this property but I can tell you from my ex-
perience in Coconut Grove that no financial interest..Number one, that traffic
engineers are not always..have opinions to the benefit of the City; and number
two, that every other property owner on this property is going to want to close
up the alley where they have it and turn it in right before their property so
that there won't be any alley anymore. And you, by allowing this one, you'll be
closing all the alley all the way down to 15th Street.
Mrs. Gordon: May I remind you of the fact that in order to close anything you
must own both sides, you know.
Mr. Jaffer: Well, they can be put together.
Mayor Ferre: All right, further discussion, ..all right, thank you, sir. Call
the roll.
The following resolution was introduced by Commissioner Gordon, who moved
its adoption:
RESOLUTION NO. 79-258
A RESOLUTION APPROVING THE VACATION AND CLOSURE OF THE ALLEY BOUNDED
BY BRICKELL PLAZA, BRICKELL AVENUE AND S.E. 8TH STREET APPROXIMATELY
SOUTH OF THE SOUTH RIGHT-OF-WAY LINE OF S.E. 8TH STREET FOR A DISTANCE
OF + 245.5' AS PER TENTATIVE PLAT #1040, "INTERCAP SUB", WITH THE
STIPULATION THAT THE EXIST BE REVERSED AT HIGH -PEAK HOURS OF TRAFFIC
ON A DAILY BASIS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Plummer, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Vice Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
mh
117
28. Declare Buenos Aires, Argentina a SISTER CITY to the City of Miami.
Mayor Ferre: Alright, we are now... we got to do two, three things very
quickly. First of all, I'm going to Buenos Aires the day after tomorrow
and Item 36 is declaring B. A. as a Sister City which we have done in
a motion, but not in a resolution. Would somebody move that please, so I can...
Mr. Plummer: Move it.
Mayor Ferre: Plummer moves.
Mr. Lacasa: Second.
Mayor Ferre: Lacasa seconds 36, further discussion, call the roll.
The following resolution was introduced by Vice -Mayor
its adoption:
RESOLUTION NO. 79-259
Plummer, who moved
A RESOLUTION DESIGNATING THE CITY OF BUENOS AIRES.
ARGENTINA, AS A "SISTER CITY" OF MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Lacasa, the resolution was passed and
adopted by the following vote:
AYES:
NOES: None.
Mayor Ferre:
to the former
very strongly
think we need
Mrs. Gordon:
to it anyway.
Commissioner Rose Gordon
Commissioner Armando E. Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
And on Item 43B as I reported to the Commission... now I talked
speaker of the house at his office, Don Tucker and they feel
that, that matter is really put to rest and therefore I don't
to contract for any other special...
That's a dead issue. I don't think so and I would be opposed
Mayor Ferre: Alright, is there anybody who want to have a different opinion
on that? What I'm saying is that we just forget about 43B.
Mrs. Gordon: Mr. Mayor, are there
waiting to be heard?
any other items that people are sitting here
Mayor Ferre: No, there is some administration things.
APR i 9 1979,
29. Authorize SUPPLEMENT to contract with Ferendino, Grafton, Spillis,
and Candela - SCHEMATIC DRAWINGS FOR PARKING GARAGE/CONFERENCE
CENTER.
Mayor Ferre: Now, there is a...
Mr. Plummer: Mr. Mayor?
Mayor Ferre: ...-excuse me- contract on Item 29 which is for authorizing
to supplement the contract between Ferendino, Grafton, Spillis & Candela
which Mr. Grimm told me was important that we get today.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: I'm doing it, 29.
Mr. Plummer: Well, let's hear it.
Mayor Ferre: Alright, go ahead.
Mr. Grimm: Mr. Mayor, in order to complete our financial plan for the
Conference and Convention Center one of the elements that we have to have a
cost on is the parking garage. We do not have contract plans for a parking
garage, as a matter of fact, we don't even have an architect. There is no
way that we can develop...
Mayor Ferre: What's your recommendation Mr. Grimm?
Mr. Grimm: Our recommendation is that we award a supplement to the existing
contract with the architects, so that they can prepare schematic sketches
so that the developer can give us a firm price.
Mayor Ferre: Alright, any problems on that?
Mrs. Gordon: Move.
Mayor Ferre: Moved by Gordon, is there a second?
Rev. Gibson: Second.
Mayor Ferre: Seconded by Gibson, further discussion?
Mr. Plummer: No.
Mayor Ferre: Yes, what's your discussion?
Mr. Plummer: I'm sorry, I want on the record the question that I previously
ask of the City Attorney privately just to clear the air. Mr. City Attorney
is there any problem without bidding procedure to extend this contract? Your
answer?
Mr. Knox: As I indicated and for the record, I said that there are three
considerations that have been discussed with the management of the City
regarding the expansion of the scope of the project. First was whether there
are substantial economic justifications. The second was whether there was
substantial practical justifications and the third was whether or not the
expansion would satisfy a legal requirement. Parking is required for all
new construction and it's cheaper to have the same architect design and also
there is a compatibility in design where the same architect designs...
Mayor Ferre: Ok, further discussion, call the roll.
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119
APR ! 9 1972
The following reef tion was introduced by CommissO er Gordon, who moved
its adoption: Qo ' '
Upon being
adopted by the
AYES:
NOES: None.
ON ROLL CALL:
RESOLUTION NO. 79-260
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO THE ATTACHED SUPPLEMENTARY AGREEMENT TO
THE EXISTING AGREEMENT WITH THE ARCHITECTURAL
FIRM OF FERENDINO, GRAFTON, SPILLIS, CANDELA,
ARCHITECTS, ENGINEERS AND PLANNERS, FOR THE PURPOSE
OF PROVIDING SCHEMATIC SKETCHES OF THE PROPOSED
PARKING GARAGE IN CONJUNCTION WITH THE CITY OF
MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT INTER-
NATIONAL CENTER IN ORDER TO OBTAIN MORE DEFINITIVE
COST REQUIREMENTS FOR SAID GARAGE; AUTHORIZING THE
CITY MANAGER TO PAY A LUMP SUM FEE OF TWENTY-FIVE
THOUSAND DOLLARS ($25,000.00), WHICH FEE WILL BE
CONSIDERED PART OF THE FINAL FEE SHOULD THE CITY
COMMISSION AUTHORIZE PREPARATION OF CONTRACT
DOCUMENTS BY SAID FIRM.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
seconded by Commissioner Gibson, the resolution was passed and
following vote:
Commissioner Rose Gordon
Commissioner Armando E. Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
Mr. Plummer: With the stipulations of the City Attorney that we are proceeding
in a legal matter, I vote "yes".
730(a) Deferral of consideration of acceptance of proposal verifying
FINANCIAL VIABILITY OF THE "CITY OF MIAMI-UNIVERSITY OF MIAMI
JAMES L. KNIGHT INTERNATIONAL CONFERENCE/CONVENTION CENTER."
Mayor Ferre: Now, 29A is the one with Laventhol b Horwath
selected to do the CPA.
Mr. Plummer:
Mrs. Gordon:
Mayor Ferre:
Mr. Plummer:
Mayor Ferre:
Mr. Plummer:
Mrs. Gordon:
Mayor Ferre:
Mr. Plummer:
I'm sorry, I don't have a 29A.
I don't have a 29A.
It's in your packet.
What?
It's in your packet.
Where is 29A?
It's not on the agenda.
Yes, it is.
It ain't on my agenda.
which they have
Mayor Ferre: Yes,... well, wait a moment, this is on the supplemental thing
and it has to do with the selection of Laventhol & Horwath as CPA's in hotel
and hospital accountancy to verify the financial viability of the revenue. Now,
you remember we discussed that last time and they was between two account firms
and the Manager is recommending after discussion that we use Laventhol...
Mrs. Gordon: Yes, I remember reading the back up on it, but I really have to
wonder why you pick the one that you... your reason was that they already are
doing their work, but...
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12f1
APR 19 1979
Mayor Ferre: No, no, Rose the reason is because theyto all the Hyatt Hotel's
work.
Mrs. Gordon: Yes, I know, that's what I read and that's what found to may
be give a bias evaluation and not an... no, I'm not saying the are going to
be bias, but it seems to me if you got a totally unrelated one you might get
a more definitive one...
Mayor Ferre: Who is the other one?
Mr. Connolly: The other firm is Harris, Carter and Foster and they don't
do any of the Hyatt Hotels.
Mrs. Gordon: They are what?
Mayor Ferre: They don't do any of the Hyatt Hotels.
Mr. Connolly: They don't do any Hyatt Hotels at all, but the departmental
expenses and how the costs are drawn down and the revenues are brought in
are... they are...
Mayor Ferre: Rose, it's got to do with credibility and we have to use the
people that have the credibility factorials so that when we go to market, you
know...
Mrs. Gordon: Maurice you can't tell me that Harris, Carter, Foster doesn't
have credibility and... because I happen to know about their reputation,
Mayor Ferre: Well, ok, what would you like to do?
Mrs. Gordon: I don't know, I just asked the question though I didn't understand
the reasoning of the staff.
Mr. Plummer: What was the price?
Mr. Connolly: The second reason was that Harris, Carter, Foster refused to
give a maximum fee and Laventhol & Horwath said that their maximum fee would
be forty-two thousand dollars plus ten percent maximum for reimbursables.
Mayor Ferre: How much do the other people want?
Mr. Plummer: What was the other firm?
Mr. Connolly: They said it would be somewhere in that area, but they would
not be specific.
Mr. Plummer: Did they put something in writing?
Mr. Connolly: Yes, they did.
Mr. Plummer: May I see it?
Mr. Connolly: Don't have it with me right now.
Mayor Ferre: Well, do you want to hold this up until next time?
Mr. Plummer: Sure.
Mr. Connolly: Alright.
Mrs. Gordon: Yes. Maurice, could we hold up the majority of these until
the 30th?
30(b) INVOKE 5-DAY RULE on proposed contract between Ferendino, Grafton
Spillis and Candela and the City of Miami - $1,266,700 FOR
ADDITIONAL SERVICES ON THE CONVENTION CENTER ITSELF.
Mayor Ferre: Yes. Ok, how about 29B, is there a big crying need for that?
Mr. Plummer; I don't have a 29B.
Mrs. Cordon: I don't either.
Mayor Ferre: J. L., these are all part of the supplemental packet, I'm sure
you got them just like I got them.
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A °R 1 9 197i
Mr. Plummer: Well, what is 29B?
Mrs. Gordon: Is there any burning items on here?
Mr. Connolly: 29B is "yes".
Mr. Plummer: Well, what is it?
Mrs. Gordon: A burning item? That's the one without the account that you are
talking about.
Mr. Connolly: No, 29...
Mayor Ferre: Well, why is 29B a burning item?
Mr. Connolly: It involves the... due to the change in the scope and the size
of the project and the cost architect who's fee is based doing negotiations
on a percentage of the work, but is finally negotiated as a lump sum fee...
Mayor Ferre: Yes, but you know, here is a super important thing and we are
rushing through it like...
Mr. Plummer: One million two hundred sixty-six and throw it in front of them.
Mrs. Gordon: I'm sorry, I'm not going to take this thing and...
Mr. Plummer: I invoke the rule.
Mrs. Gordon: Right.
Mr. Plummer: Next item?
31. FIRST & SECOND READING ORDINANCE: Repeal Section 65-1 through 65-4
of the Code concerning abolition of the Municipal Court.
Mayor Ferre: Ok. Alright, the other important items are item 16. Item
16 if you will is, if you will turn to it...
Mrs. Gordon: We did that.
Mayor Ferre: Item 16, no it isn't.
Mr. Plummer: No, we haven't done it. I move it.
Mayor Ferre: Alright, Plummer moves...
Mrs. Gordon: Which one is 16?
Mr. Plummer: 16.
Mr. Ongie: 16.
Mrs. Gordon: Oh.
Mayor Ferre: Repealing 65-1 through 4 of the Miami Code concerning Municipal
Courts.
Mrs. Gordon: Oh, well that's been out of date for a long time.
Mayor Ferre: Alright, so you... so Plummer moves, Gibson seconds, further
discussion, read the ordinance. Alright call the roll.
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APR 1 9 1979
AN ORDINANCE ENTITLED -
AN ORDINANCE REPEALING SECTIONS 65-1
THROUGH 65-4 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, CONCERNING
THE CITATION PROCEDURE FORMERLY USED IN
THE MUNICIPAL COURT PRIOR TO THE COURT S
ABOLITION; DISPENSING WITH THE REQUIREMENT
OF READING THIS ORDINANCE ON TWO SEPARATE
DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS
OF THE MEMBERS OF THE COMMISSION.
Was introduced by Vice -Mayor Plummer and seconded by Commissioner Gibson
for adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing
with the requirement of reading same on two separate days by a vote of not less
than four -fifths of the members of the Commission -
AYES: Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
Whereupon the Commission on motion of Vice -Mayor Plummer and seconded by
Commissioner Gibson, adopted said ordinance by the following vote -
AYES: Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8920
The City Attorney read the ordinance into the public record and announced
that copies were available to the members of the City Commission and copies were
available to the public.
32. Formalizing Resolution rescheduling City Commission meetings for
the month of April, 1979.
Mrs. Gordon: The only thing you have to take Maurice is the resolution
rescheduling the regular City Commission Meeting from April 26th to April 30th.
Mayor Ferre: Alright, Mrs. Gordon moves, Plummer seconds, further discussion,
call the roll.
Mrs. Gordon: At 6 P.M.
The following resolution was introduced by Commissioner Gordon, who moved
its adoption:
RESOLUTION NO. 79-261
A RESOLUTION RESCHEDULING THE REGULAR CITY
COMMISSION MEETING OF APRIL 26, 1979, WHICH HAD
BEEN EARLIER RESCHEDULED FOR APRIL 23, 1979,
TO TAKE PLACE ON APRIL 30, 1979, BEGINNING
AT 6:00 P. M.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
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APR t 9 1979
Upon being seconded by Vice -mayor Plummer, the resolution was passed and
adopted by the following vote:
AYES:
NOES: None.
Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
ON ROLL CALL:
Mr. Plummer: This is seventeen?
Mr. Ongie: No, this is rescheduling the City Commission Meetings, the formalizing
resolution.
Mr. Plummer: Oh, I vote "yes".
Mayor Ferre: 17 is not that burning.
33. FIRST & SECOND READING ORDINANCE: Amend Section 5, Ord. 6545 -
Provide NEW FEE FOR BUILDING, PLUMBING, ELECTRICAL, BOILER AND
ELEVATOR INSPECTION AND CERTIFICATE FEES.
Mayor Ferre: 18, Amending Section 5 of Ord. 6145 providing a new fee for building
and plumbing and electrical boilers...
Mrs. Gordon: That's not burning either. This is not a burning issue.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: That's no big deal anyway. Alright, who moves it? Who moves it
please?
Mr. Plummer: What item?
Mayor Ferre: 18.
Mr. Plummer: I move it.
Mayor Ferre: Plummer moves 18, who seconds?
Rev. Gibson: Second.
Mayor Ferre: Seconded by Gibson, read the ordinance. Alright, call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 5 OF ORDINANCE
NO. 6145, AS AMENDED, ORIGINALLY ADOPTED
MARCH 19, 1958, WHICH PROVIDED FEES FOR BUILD-
ING, PLUMBING, ELECTRICAL, BOILER AND ELEVATOR
INSPECTION AND CERTIFICATE FEES, BY ADDING A
NEW SUBSECTION (22) TO SAID SECTION, THEREBY
PROVIDING A NEW FEE TO COVER THE COST OF ENFORC-
ING THE NEWLY ADDED CHAPTER 52 OF THE SOUTH
FLORIDA BUILDING CODE CONCERNING ENERGY CON-
SERVATION; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE AND DISPENSING WITH THE
REQUIREMENT OF READING THIS ORDINANCE ON TWO
SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR
FIFTHS OF THE MEMBERS OF THE COMMISSION; AND
PROVIDING AN EFFECTIVE DATE.
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APR 1 9 197if
Was introduced by Vice -Mayor Plummer and seconded by Commissioner Gibson
for adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing
with the requirement of reading same on two separate days by a vote of not less
than four -fifths of the members of the Commission -
AYES: Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
Whereupon the Commission on motion of Vice -Mayor Plummer and seconded by
Commissioner Gibson, adopted said ordinance by the following vote -
AYES: Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8921
The City Attorney read the ordinance into the public record and announced
that copies were available to the members of the City Commission and copies were
available to the public.
34. Appoint 6 new members to the INTERNATIONAL FOLK FESTIVAL COMMITTEE.
Mrs. Gordon: I move 33 Maurice because...
Mayor Ferre: Alright, Mrs. Gordon moves Item 33 which is appointing six...
Mrs. Gordon: The festival will be taking place...
Mayor Ferre: ... of the Folk Festival.
Rev. Gibson: Second.
Mayor Ferre: Alright, seconded by Father Gibson, call the roll.
The following resolution was introduced by Commissioner Gordon, who moved
its adoption:
RESOLUTION NO. 79-262
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS
TO SERVE AS MEMBERS ON THE INTERNATIONAL
FOLK FESTIVAL COMMITTEE.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
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APR 1 9 191:1
Mrs. Gordon: I move 34.
Mayor Ferre: Rose, would you hold up on 34 because I want to talk about that.
Mrs. Gordon: Ok, I don't care about that. That's alright with me.
35. FIRST READING ORDINANCE: Amend Section 39-13.1 of the Code -
RESTRICT REDUCED GREEN FEE RATES DURING WEEKDAY HOURS OF THE
WINTER SEASON. Establish rates for "SPECIAL AMERICAN CANCER
GOLF CART."
Mayor Ferre: Alright, 20? Plummer, you got problems with the green fees?
Mr. Plummer: Well, I don't think so Mr. Mayor, is there anybody here speaking
on the green fees.
Mayor Ferre: Yes, Al is for it.
Mr. Plummer: What number, 20?
Mayor Ferre: 20.
Mr. Plummer: Alright, let's move it on the first go around, we got another
second reading, alright.
Mayor Ferre:
right?
Alright, Plummer moves on the first reading... Al you recommend
Rev. Gibson: Second.
Mayor Ferre: Alright, Gibson seconds,... are you recommending Al? On the
record say it.
Mr. Al Howard: Yes, I am .
Mayor Ferre: Alright, further discussion on first reading, read the ordinance.
Mrs. Gordon: Question though, isn't there been some objection to that?
Mr. Lacasa: Yes.
Mr. Howard: No, we corrected that, but we put the employees back in there,
so we are not restricting any employees now.
Mrs. Gordon: Ok, alright, go ahead.
Mayor Ferre: Would you come back to explain it on second reading please?
Alright call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SUBSECTIONS 4, 5, 6, 7 AND
SUBSECTION (d) OF THE LAST UNNUMERED PARAGRAPH
OF SECTION 39-13.1 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, FOR THE PURPOSE OF RESTRICTING
REDUCED GREEN FEE RATES DURING THE WEEKDAY HOURS
OF 8 - 11 A. M. DURING THE WINTER SEASON AND ADDING
SUBSECTION (e) TO THE LAST UNNUMBERED PARAGRAPH
THEREOF FOR THE PURPOSE OF ESTABLISHING RATES FOR
SPECIAL AMERICAN CANCER GOLF CARD TO BE UTILIZED
AT THE CITY OF MIAMI GOLF COURSES; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Vice -Mayor Plummer and seconded by Commissioner Gibson
and passed on its first reading by title by the following vote:
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126
APR 1 9 1979
AYES:
NOES: None.
Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr
Mayor Maurice A. Ferre
The City Attorney read the ordinance into the public record and
announced that copies were available to the members od the City Commission
and to the public.
Mayor Ferre:
Mr. Plummer:
Mayor Ferre:
increase the
material and
Mrs. Gordon:
so you better
Now, Item 26 on first reading, Mr. Grimm thinks it's important.
What item?
26, appropriating $25,000 from the Highway Revolving Fund to
appropriation for Intra-Governmental services, property for
labor , blah, blah, blah for City Hall.
No, I'm not going to... I want to talk about that one Maurice,
postpone it.
Mayor Ferre: Alright, well, Mrs. Gordon
what's your problem?
wants to talk about it Vince, so
Mr. Grimm: Mrs. Gordon, this is for continuing work that I'm constantly doing
in this building.
Mrs. Gordon: I have a lot of talking to do on it and it's too late, I'm not
going to talk about it.
Mayor Ferre: Alright. Well, what's the next item?
36. Authorize City Manager to enter into Agreement: JONATHAN C.
SEYMOUR, HENDERSON - ROSENBERG ASSOCIATES and DAVID M. SCULLY AND
ASSOCIATES for "design and development services for TACOLCY CENTER
AND 12TH AVENUE PARK."
Mayor Ferre:
Mrs. Gordon:
Mayor Ferre:
Mrs. Gordon:
Mayor Ferre:
Mrs. Gordon:
31?
Tacolcy, let's do that one and that's on 27.
Twenty what?
27 is the Tacolcy Park.
Alright, move 27.
Yes.
Mayor Ferre: Mrs. Gordon moves 27, Father Gibson seconds, the Manager recommends,
call the roll on 27.
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121
APR ! 9 19T9
The following resolution was introduced by Commissioner Gordon, who moved
its adoption:
RESOLUTION NO. 79- 263
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AMENDMENT TO THE ORIGINAL
AGREEMENT WITH JONATHAN G. SEYMOUR, HENDERSON-
ROSENBERG ASSOCIATES, AND DAVID M. SCULLY AND
ASSOCIATES, IN ACCORDANCE WITH THE ATTACHED
AGREEMENT, TO PROVIDE PROFESSIONAL SERVICES
FOR THE DESIGN AND DEVELOPMENT OF TACOLCY
PARK AND 12TH AVENUE PARK BASED UPON A RE-
VISED DEVELOPMENT BUDGET OF $1,209.732 PLUS
A REVISED CONSULTANT'S DESIGN FEE OF $106,414
WITH FUNDS THEREFORE TO BE ALLOCATED FROM
THE PARKS FOR PEOPLE BOND PROGRAM.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote:
AYES:
NOES: None.
Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
37. FIRST & SECOND READING ORDINANCE: Amend Ordinance 8716 - General
Obligation Bond Fund - TACOLCY/12TH AVENUE PARKS.
Mayor Ferre: Now, go back to 23 because we need to approve the money that we
just agreed to do on that which is the...
Mr. Plummer: Move it.
Mrs. Gordon: Yes, second.
Mayor Ferre: Alright, Tacolcy. Moved by Plummer, seconded by Gordon, read
the ordinance. Alright, call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8716 ADOPTED
OCTOBER 26, 1977, THE CITY'S CAPITAL IMPROVEMENT APPROPRIATIONS
ORDINANCE, AS AMENDED, BY MAKING AN ADJUSTMENT IN THE PARK AND
RECREATIONAL FACILITIES GENERAL OBLIGATION BOND FUND ENTITLED:
"TACOLCY-12TH AVENUE PARKS"; AND TRANSFERRING FUNDS FOR SAID
PROJECT IN THE AMOUNT OF $216,900 FROM REMAINING PARK DISTRICT III
IMPROVEMENTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; DISPENSING WITH THE REQUIREMENT OF READING THIS ORDINANCE
ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF
THE MEMBERS OF THE COMMISSION.
Was introduced by Vice -Mayor Plummer and seconded by Commissioner Gordon
for adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing
with the requirement of reading same on two separate days by a vote of not less
than four -fifths of the members of the Commission -
AYES: Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J.,L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
81
'128
APR 1 9 1979
Whereupon the Commission on motion of Vice -Mayor Plummer and seconded by
Commissioner Gordon, adopted said ordinance by the following vote -
AYES: Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev,) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8922
The City Attorney read the ordinance into the public record and announced
that copies were available to the members of the City Commission and copies were
available to the public.
38. Authorize City Manager to enter into an Agreement: Establish
office of INTERGOVERNMENTAL COORDINATION AND LIAISON entirely
funded by SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM:.
Mayor Ferre: The next one is 31 which is funded fully by CETA and we need to
get that going, right? Alright,...
Mrs. Gordon: No, Maurice I'm going to talk about that one too, so you... that's
going to be a long item.
Mr. Plummer: Pass it over.
Mr. Bond: We need that.
Mr. Plummer: You ain't getting it.
Mayor Ferre: Jack? Well, wait a moment, what's the burning desire on this?
Mr. Bond: We have to have it submitted to the Department of Labor by the 23rd of April.
Mayor Ferre: Why?
Mr. Plummer: Well, why did you wait until now to do it?
Mayor Ferre: That's not a fair question.
Mr. Bond: This is not the first time around sir. This is not the first time
around and we have been...
Mrs. Gordon: Well, Jack I'm sorry, but I'm not going to be rushed into that
one without conversation and I'm not going to start any now. Number... there
is a short one here, 24 Maurice I will move that.
Mayor Ferre: Alright.
Mr. Fosmoen: Can we ask the consequences if it's not approved?
Mayor Ferre: What? Would you... I can't hear whoever is speaking out. If
you want to get to be heard you better speak out man...
Mr. Bond: If we don't, we lose twenty-four thousand dollars on the CETA bid
Mrs. Gordon.
Mrs. Gordon: I got some problems with another department, ok.
Mr. Bond: Problems where?
Mrs. Gordon: I have some problems with it, I'm not going to pass on it. I'm
not, these men can do it, but I'm not, ok.
Mayor Ferre: Rose, do you have a big problem with it?
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12s
APR 1 9 fan
Mrs. Gordon: I don't want to talk about it now, it's too late.
Mayor Ferre: Well, in other words you don't mind losing the twenty four
thousand dollars?
Mrs. Gordon: That's only part of the deal, the twenty-four. What else is
it going to cost?
Mayor Ferre: Very complicated.
Mrs. Gordon: What else is it going to cost?
Mayor Ferre: What else is it going to cost?
Mr. Bond: Ma'am?
Mrs. Gordon: What else is it going to cost?
Mr. Bond: What else does this cost us?
Mrs. Gordon: Yes, what else?
Mr. Bond: Nothing.
Mrs. Gordon: What's else is involved?
Mr. Bond: I don't understand...
Mrs. Gordon: You want to go into conversation on it and I don't.
Mr. Bond: I don't understand your question. What else is involved? It's
a...
Mrs. Gordon: I do not want to discuss it, if the men want to vote on it, fine
I'll... I'm ready to leave, ok. If you all want to vote on it go ahead.
Mayor Ferre: Well, I don't want... we don't want to, you know, roll this over
you if you have a serious objection on it and if you have a serious objection
there is nothing we can do about it unless you want to tell... she says that
there is more to it than meets the eye, if there are other cost other than the
twenty-four thousand...
Mr. Grimm: Mr. Mayor, Mr. Mayor...
Mayor Ferre: Now, answer the question.
Mr. Grimm: Mr. Mayor and members of the Commission, may I suggest that you
passed this and give Mr. Bond an opportunity to answer Mrs. Gordon's questions
tomorrow.
Mayor Ferre: Alright, I would accept that if Mrs. Gordon would accept it.
Mrs. Gordon: I will be in Tampa unless he wants to travel with me.
Mr. Grimm: Well, can you do it on Monday? We've got until the 23rd to get
this in or lose twenty-four thousand dollars.
Mayor Ferre: I would be willing to pass it pending Mrs....
Mr. Plummer: I make a motion that we pass it subject to Mrs. Gordon's
ratifying this at her earliest date.
Mayor Ferre; Satisfaction, ok I accept that.
Mr. Lacasa: Second.
Mayor Ferre: Alright, further discussion on that with that proviso Bond, do
you understand?
Mr. Bond: Yes.
Mayor Ferre: Alright, call the roll.
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130
AFs f 9 197g
The following resolution was introduced by Vice -Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 79-264
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AND EXECUTE AN AGREEMENT
ESTABLISHING AN OFFICE OF INTERGOVERNMENTAL
COORDINATION AND LIAISON TO BE FUNDED BY
THE SOUTH FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM.
(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 Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ON ROLL CALL:
Mrs. Gordon: Under those conditions alright.
Mayor Ferre: 38?
39. Authorize City Manager to Accept Grant: "ARTIST IN RESIDENCE
PROGRAM- FIFTH YEAR."
Mrs. Gordon: We didn't finish 24 and we moved it before...
Mayor Ferre: Alright, move 24 by Mrs. Gordon.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Then we will do 25. Mrs. Gordon moves, Father Gibson seconds,
further discussion, call the roll on 24.
The following resolution was introduced by Commissioner Gordon, who moved
its adoption:
RESOLUTION NO. 79-265
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ACCEPT A GRANT AWARD FROM THE FINE ARTS
COUNCIL OF FLORIDA FOR ARTIST -IN -RESIDENCE
PROGRAM (5TH YEAR) AND FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE THE NECESSARY
CONTRACT (S) AND/OR AGREEMENT (S) TO
IMPLEMENT THE PROGRAM.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote:
AYES: Mrs. Gordon, Mr. Lacasa, Rev. Gibson, Vice -Mayor Plummer and Mayor Ferre.
NOES: None.
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APR 1 9 gm
40. FIRST READING ORDINANCE: Amend Ordinance 8719 - Establish new True -
and Agency Fund: "ARTIST IN RESIDENCE DANCE PROGRAM - FIFTH YEAR."
rY.'!'�.j�- r :.i < - -3 may-twrrt.! . "L ,r*V—,0 .
Mayor Ferre: Mrs. Gordon moves 25, Father Gibson seconds, read the ordinance.
Alright, call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719
ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT APPROPRIA-
TIONS ORDINANCE, AS AMENDED, BY ESTABLISHING A NEW
TRUST AND AGENCY FUND ENTITLED: "ARTIST -IN -RESIDENCE
DANCE PROGRAM (5TH YEAR)", AND APPROPRIATING FUNDS FOR
THE OPERATION OF SAME IN THE AMOUNT OF $6,375; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Gordon and seconded by Commissioner Gibson
and passed on its first reading by title by the following vote:
AYES: Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
41. Ratify and confirm emergency action of City Manager - REPAIR AND RE
FURBISH AREA LADDER NO. 1 - FIRE DEPARTMENT.
Mayor Ferre: Next is 37, excuse me, 37 and 38 on that ladder. Plummer do
you move?
Mrs. Gordon: How about 28, don't you want to get that gift to Real Property?
Mr. Plummer: Yes, I move.
Mayor Ferre: Plummer moves 37, Lacasa seconds, further discussion on 37, call
the roll.
The following resolution was introduced by Vice -Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 79-266
A RESOLUTION APPROVING, RATIFYING, AND CONFIRMING THE EMERGENCY ACTION
OF THE CITY MANAGER IN AUTHORIZING THE REPAIR AND REFURBISHING OF AERIAL
LADDER NO. 9 FOR THE MIAMI FIRE DEPARTMENT AT A TOTAL COST OF $44,874.14
BY AMERICAN LA FRANCE CO., THE MANUFACTURER OF THE APPARATUS, WITHOUT
FOLLOWING NORMAL BID PROCEDURES.
(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: Mrs. Gordon, Mr. Lacasa, Rev. Gibson, Vice -Mayor Plummer and Mayor Ferro.
NOES: None.
132
IPR 1 9 1979
42. Authorize repair and refurbishing of AREA LADDER NO. 4, FIRE
DEPARTMENT.
Mayor Ferre: On 38 Plummer moves, Lacasa seconds, further discussion, call
the roll.
The following resolution was introduced by Vice -Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 79-267
RESOLUTION AUTHORIZING REPAIR AND REFURBISHING OF
AERIAL LADDER NO. 4 AT A TOTAL COST OF $69,709.79
BY AMERICAL LAFRANCE, THE ORIGINAL MANUFACTURER,
FOR THE MIAMI FIRE DEPARTMENT, WITHOUT FORMAL
COMPETITIVE BIDDING; AND FURTHER AUTHORIZING THE
TRADE OF FIVE (5) OBSOLETE AND SURPLUS PUMPER UNITS
AS A CREDIT IN THE AMOUNT OF $10,000 AGAINST THE
AFORESAID TOTAL COST WITHOUT THE NECESSITY OF FORMAL
SURPLUS SALE PROCEDURES, WITH REMAINING AMOUNT OF
$59,709.79 HEREBY ALLOCATED FROM THE FIREFIGHTING,
FIRE PREVENTION AND RESCUE FACILITIES BOND FUND.
(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:
NOES: None.
Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
43. Accept GIFT OF REAL PROPERTY located at 1141 N. W. 3rd Avenue from
HENRIETTA H. GULLET and ANNA BELLE HAM.
Mayor Ferre: Mrs. Gordon moves 28, Father Gibson seconds, further discussion,
call the roll.
The following resolution was introduced by Commissioner Gordon, who moved
its adoption:
RESOLUTION NO. 79-268
A RESOLUTION ACCEPTING WITH GRATITUDE A GIFT OF
REAL PROPERTY FROM HENRIETTA H. GULLET AND
ANNA BELL HAM AND AUTHORIZING THE RECORDING OF
THE DEED IN THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote:
AYES: Mrs. Gordon, Mr. Lacasa, Rev. Gibson, Vice -Mayor Plummer and Mayor Ferre.
NOES: None.
gl
Mayor Ferre: "Before the vote on adopting all items included in the Consent
Agenda is taken (Item 45-60), is there anyone present who is an objector
or proponent that wishes to speak on any item in the Consent Agenda? Hearing
none, vote on adoption of the Consent Agenda will now be taken.
The following resolutions were introduced by Vice -Mayor Plummer, seconded
by Commissioner Gordon and passed and adopted by the following vote -
AYES:
NOES: None.
Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
45. Petitioning Florida League of Cities to reverse Metropolitan Dade
County's attempts to preempt municipal regulatory control over
taxicabs.
The following resolution was introduced by Vice -Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 79-269
A RESOLUTION PETITIONING THE FLORIDA LEAGUE
OF CITIES TO IMMEDIATELY USE WHATEVER MEANS
IT HAS AT ITS DISPOSAL TO INTERCEDE AND INTER-
VENE WHEREVER POSSIBLE IN ORDER TO REVERSE
THE ACTION TAKEN BY THE BOARD OF COMMISSIONERS
OF METROPOLITAN DADE COUNTY WHICH ATTEMPTS TO
PREEMPT MUNICIPAL REGULATORY CONTROL OVER
TAXICABS AND DIRECTING THE CITY CLERK TO
FORWARD A COPY OF THE HEREIN RESOLUTION
TO PROPER STATE OFFICIALS AS WELL AS TO THE FLORIDA
LEAGUE OF CITIES.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote:
AYES:
NOES: None.
gi
Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
134
OR 1 9 137
46. Recording the intent of the Commission to direct its representative
to the STATE LEGISLATURE to protest the action of DADE COUNTY in
preempting municipal regulatory control of taxicabs.
The following resolution was introduced by Vice -Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 79-270
A RESOLUTION OF INTENT ON THE PART
OF THE CITY COMMISSION TO SEND A
REPRESENTATIVE TO THE APPROPRIATE
STATE LEGISLATIVE COMMITTEE IN
TALLAHASSEE, FLORIDA, TO PROTEST
THE RECENT ACTION OF THE BOARD OF
COMMISSIONERS OF METROPOLITAN DADE
COUNTY WHICH ATTEMPTS TO PREEMPT
MUNICIPAL REGULATORY CONTROL OVER
THE OPERATION OF TAXICABS AND DIRECT-
ING THE CITY CLERK TO FORWARD A COPY
OF THE HEREIN RESOLUTION TO PROPER
STATE OFFICIALS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote:
AYES:
NOES: None.
Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
47. Allocating $1,500 to the Coconut Grove Children's Theatre "PERFORM-
A-THON '79" with funds from Special Programs and Accounts, Quality
of Life Program - Community Festivals.
The following resolution was introduced by Vice -Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 79-271
A RESOLUTION ALLOCATING AN AMOUNT NOT TO
EXCEED $1,500 FOR THE CITY'S CO-SPONSORSHIP
OF THE COCONUT GROVE CHILDREN'S THEATRE
"PERFORM-A-THON '79" AT GUSMAN CULTURAL
CENTER ON APRIL 30, 1979, FROM 10:00 A. M. TO
10:00 P.M.; WITH FUNDS THEREFOR ALLOCATED
FROM THE SPECIAL PROGRAM AND ACCOUNTS--QUALITY
OF LIFE PROGRAM --COMMUNITY FESTIVALS; AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH
THE COCONUT GROVE CHILDREN'S THEATRE TO
IMPLEMENT SUCH CO-SPONSORSHIP.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
gl
APR 1 9 1979
Upon being seconded by•.Commissioner Gibson, the resolution vas passed and
adopted by the following vote:
AYES:
NOES: None.
Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
•
48. Authorizing City Manager to execute an agreement with Mr. Lazaro
Albo as Assistant to the Mayor.
The following resolution was introduced by Vice -Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 79-272
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE THE ATTACHED AGREEMENT WITH
MR. LAZARO ALBO PROVIDING FOR THE SAID
MR. ALBO TO ACT IN THE CAPACITY OF AN
ADMINISTRATIVE ASSISTANT FOR THE CITY OF
MIAMI, ASSIGNED TO THE OFFICE OF MAYOR
MAURICE A. FERRE, AT AN ANNUAL SALARY OF
$1.00.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote:
AYES:
NOES: None.
gl
Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
136
'APR i 9 1914
f
49. Authorizing payment of $73,815 to B.E.C. Construction Corporation
in partial payment of the construction contract for "Little Havana
Community Center.
The following resolution was introduced by Vice -Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 79-273
A RESOLUTION AUTHORIZING PAYMENT OF
$73,815 TO BEC CONSTRUCTION CORPORATION
FOR PARTIAL PAYMENT OF THE CONSTRUCTION
CONTRACT FOR THE PROJECT ENTITLED "LITTLE
HAVANA COMMUNITY CENTER (2ND BIDDING)".
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote:
AYES:
NOES: None.
Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
50. Authorizing City Manager to execute a Quit Claim Deed to Harry and
Gertrude Flynn for property at 1253 S. W. 2 Street.
The following resolution was introduced by Vice -Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 79-274
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A QUIT CLAIM DEED TO HARRY W. FLYNN
AND GERTRUDE D. FLYNN, HUSBAND AND WIFE, FOR
THE PROPERTY LEGALLY DESCRIBED AS THE SOUTH
7-1/2 FEET OF LOT 14, BLOCK 80, LAWRENCE
ESTATES LAND COMPANY'S SUBDIVISION (2-46).
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote:
AYES:
NOES: None.
gl
Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
13I
Tee I o qere
51. Ordering West Trailview Highway Improvement H-4447 - and allocating
$10,000 from the Highway Bond fund for preliminary expense.
The following resolution was introduced by Vice -Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 79-275
A RESOLUTION ORDERING WEST TRAILVIEW HIGHWAY
IMPROVEMENT H-4447 AND DESIGNATING THE PROPERTY
AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE
FOR A PORTION OF THE COST THEREOF AS WEST
TRAILVIEW HIGHWAY IMPROVEMENT DISTRICT - H-4447;
AND ALLOCATING THE AMOUNT OF $10,000 FROM THE
HIGHWAY BOND FUND FOR PRELIMINARY EXPENSE.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote:
AYES:
NOES: None.
Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
52. Authorizing City Clerk to publish a Notice of Public Hearing to
hear objections to the acceptance of completed construction of
East Braddock Sanitary Sewer Improvement SR-5410-C.
The following resolution was introduced by Vice -Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 79-276
A RESOLUTION AUTHORIZING THE CITY CLERK TO
PUBLISH A NOTICE OF PUBLIC HEARING FOR
OBJECTIONS TO THE ACCEPTANCE BY THE CITY
COMMISSION OF THE COMPLETED CONSTRUCTION
OF EAST BRADDOCK SANITARY SEWER IMPROVEMENT
SR-5410-C (CENTERLINE) IN THE EAST BRADDOCK
SANITARY SEWER IMPROVEMENT DISTRICT SR-
5410-C (CENTERLINE).
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote:
AYES:
NOES: None.
Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
gl
APR 1 a 111O
53. ACCEPTING COMPLETED WORK - BEN HURWITZ, INC. FOR THE NEW FIRE
STATION NO. 9 - BUILDING DEMOLITION.
The following resolution was introduced by Vice -Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 79-277
A RESOLUTION ACCEPTING THE COMPLETED WORK
PERFORMED BY BEN HURWITZ, INC. AT A TOTAL
COST OF $3,400 FOR THE NEW FIRE STATION
NO. 9 - BUILDING DEMOLITION; AND
AUTHORIZING A FINAL PAYMENT OF $340.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote:
AYES:
NOES: None.
Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
54. ACCEPTING COMPLETED WORK - THE ZACK COMPANY FOR BAYFRONT PARK
AUDITORIUM REROOFING.
The following resolution was introduced by Vice -Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 79-278
A RESOLUTION ACCEPTING THE COMPLETED WORK
PERFORMED BY THE ZACK COMPANY AT A TOTAL
COST OF $41,949.00 FOR BAYFRONT PARK
AUDITORIUM REROOFING (2ND BIDDING); AND
AUTHORIZING A FINAL PAYMENT OF $1,048.73.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote:
AYES:
NOES: None.
gl
Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
APR 1 9 1979
55. ACCEPTING COMPLETED WORK - GASTON LANDSCAPE COMPANY FOR THE CHARLES
TERRACE COMMUNITY DEVELOPMENT TREE PLANTING.
The following resolution was introduced by Vice -Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 79-279
A RESOLUTION ACCEPTING THE COMPLETED WORK
PERFORMED BY GASTON LANDSCAPE CO., INC.
AT A TOTAL COST OF $16,200.00 FOR THE
CHARLES TERRACE COMMUNITY DEVELOPMENT TREE
PLANTING (SECOND BIDDING); AND AUTHORIZING
A FINAL PAYMENT OF $1,620.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote:
AYES:
NOES: None.
Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
56. ACCEPTING COMPLETED WORK - MAYO CONSTRUCTION INDUSTRIES, INC. FOR
THE SIMPSON PARK - BUILDING REROOFING.
The following resolution was introduced by Vice -Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 79-280
A RESOLUTION ACCEPTING THE COMPLETED WORK
PERFORMED BY MAYO CONSTRUCTION INDUSTRIES,
INC. AT A TOTAL COST OF $10,184.68 FOR THE
SIMPSON PARK - BUILDING REROOFING; AND
AUTHORIZING A FINAL PAYMENT OF $1,355.97.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote:
AYES:
NOES: None.
gl
Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
140
'APR 1 9 1979
57. BID ACCEPTANCE - ANAR CONSTRUCTION CORP. - ALLAPATTAH MINI -PARK
DEVELOPMENT.
The following resolution was introduced by Vice -Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 79-281
A RESOLUTION ACCEPTING THE BID OF ANAR CON-
STRUCTION CORP. IN THE PROPOSED AMOUNT OF
$66,445 FOR ALLAPATTAH MINI -PARK DEVELOPMENT;
WITH FUNDS ALLOCATED FROM THE 3RD YEAR
FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT
FUND IN THE AMOUNT OF $66,445 TO COVER THE
CONTRACT COST; ALLOCATING FROM SAID FUND
THE AMOUNT OF $10,105 TO COVER THE COST
OF PROJECT EXPENSE; ALLOCATING FROM SAID
FUND THE AMOUNT OF $1,260 TO COVER THE COST
OF SUCH ITEMS AS ADVERTISING, TESTING
LABORATORIES, AND POSTAGE; AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONTRACT WITH
SAID FIRM.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote:
AYES:
NOES: None.
Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
58. BID ACCEPTANCE - WILLIAMS PAVING COMPANY - S.W. 22 STREET HIGHWAY
IMPROVEMENT - PHASE III.
The following resolution was introduced by Vice -Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 79-282
A RESOLUTION ACCEPTING THE BID OF WILLIAMS
PAVING COMPANY, INC. IN THE AMOUNT OF
$571,417.61, THE TOTAL BID OF THE PROPOSAL,
FOR THE S.W. 22 STREET HIGHWAY IMPROVEMENT -
PHASE III IN THE S.W. 22 STREET HIGHWAY
IMPROVEMENT DISTRICT - PHASE III; WITH
MONIES THEREFORE ALLOCATED FROM THE "HIGHWAY
G.O. BOND FUND" AND THE "STORM SEWER G. 0.
BOND FUND"; WITH ADDITIONAL MONIES ALLOCATED
FOR PROJECT AND INCIDENTAL EXPENSES FROM
AFORESAID FUNDS; 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).
gl
141
APR 1 9 1979
Upon being seconded by Commissioner Gibson, the resolution was passed
and adopted by the following vote:
AYES:
NOES: None.
Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Mummer, Jr.
Mayor Maurice A. Ferre
59. BID ACCEPTANCE - MIRI CONSTRUCTION, INC. - CULMER COMUNITY
DEVELOPMENT PAVING PROJECT - PHASE III - BID A (HIGHWAY).
The following resolution was introduced by Vice -Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 79-283
A RESOLUTION ACCEPTING THE BID OF MIRI
CONSTRUCTION, INC. IN THE PROPOSED AMOUNT
OF $147,597.50 FOR CULMER COMMUNITY
DEVELOPMENT PAVING PROJECT - PHASE III
AND CULMER SANITARY SEWER MODIFICATIONS -
PHASE III, BID "A" (HIGHWAY); WITH FUNDS
ALLOCATED FROM THE 4TH YEAR FEDERAL
COMMUNITY DEVELOPMENT BLOCK GRANT FUND
IN THE AMOUNT OF $147,597.50 TO COVER THE
CONTRACT COST; ALLOCATING FROM SAID FUND
THE AMOUNT OF $16,235.50 TO COVER THE
COST OF PROJECT EXPENSE; ALLOCATING FROM
SAID FUND THE AMOUNT OF $2,952.00 TO
COVER THE COST OF SUCH ITEMS AS ADVERTISING,
TESTING LABORATORIES, AND POSTAGE; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote:
AYES:
NOES: None.
gl
Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
142
APR ! 9 1979
60. BID ACCEPTANCE - T & N CONSTRUCTION CO. - CULMER SANITARY SEWER
MODIFICATIONS - PHASE III - BID B (SANITARY SEWERS).
The following resolution was introduced by Vice -Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 79-284
A RESOLUTION ACCEPTING THE BID OF T & N
CONSTRUCTION COMPANY IN THE PROPOSED AMOUNT
OF $63,447.60 FOR CULMER COMMUNITY DEVELOPMENT
PAVING PROJECT - PHASE III AND CULMER SANITARY
SEWER MODIFICATIONS - PHASE III - BID "B"
(SANITARY SEWERS); WITH FUNDS ALLOCATED FROM
THE 4TH YEAR FEDERAL COMMUNITY DEVELOPMENT
BLOCK GRANT FUND IN THE AMOUNT OF $63,447.60
TO COVER THE CONTRACT COST; ALLOCATING FROM
SAID FUND THE AMOUNT OF $6,979.40 TO COVER THE
COST OF PROJECT EXPENSE; ALLOCATING FROM SAID
FUND THE AMOUNT OF $1,268.00 TO COVER THE
COST OF SUCH ITEMS AS ADVERTISING, TESTING
LABORATORIES, AND POSTAGE; AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONTRACT WITH
SAID FIRM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote:
AYES:
NOES: None.
Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
Mayor Ferre: Alright, is there anything else to come up before this Commission?
Mr. Plummer: Alright, so we didn't do 39 and 40, is that correct?
Mayor Ferre: I have to catch a plane so you guys stay here and battle that out.
Mr. Plummer: I'm not leaving, if you want to bring your item up I will wait,
Mr. Lieberman: Mr. Mayor, can I be recognized?
Mayor Ferre: Yes, absolutely, go right ahead.
61. CONTINUED DISCUSSION-
"MIAMI SUMMER BOAT SHOW"
Mr. Lieberman: Ok. Commissioners, we got to do something to approve the
contracts for Miami Summer Boat Show. Now, I wasn't here earlier, I understand
there was a problem regarding voiding of leases on pier S. I think we may be
81
■4,
APR 1 9 1979
dealing with semantics. We are not trying to void any of the leases on Pier 5,
what we are trying to do is get a resolution allowing us to use their space
during the time of the boat show which has been done in the past. Mr. Logan and
I were back in the City Clerk's Office, we got a 1971 resolution introduced by
Mr. Plummer "A Resolution authorizing and directing the City Manager and City
Clerk to enter into a contract with Miami Dinner Key Boat Show to use the facilities
of entire Pier 5, Dinner Key Marine". Similar resolutions sponsored 1970, 19..,
go back to 1967 introduced by Mr. Kennedy. Up until the dockage agreement was
changed about four or five years ago this was an annual occurrence whereby it
unanimously was passed by the Commission to allow the Miami Dinner Key Boat Show
to use the facilities of Pier 5. All we are asking you to do is give the same
approval to the Miami Summer Boat Show that you gave in the past to the Miami
Dinner Key Boat Show before the dockage agreement provision.
Mr. Oakley: May I be heard on this please? My name is Richard Oakley, I live
at Pier 5, Slip 6. When Mr. Pearl puts on his boat show every year as is shown
in our contract with the City of Miami that he is allowed to do this, he gives
us ninety days notice on this boat show giving us ample time to shift our lives
around, move our telephones and our children, etc. Mr. Logan is proposing right
now that you change the rules. We have a lease with the City of Miami that
states "there will be one boat show a year" and for this boat show we are glad
to get out and allow Mr. Pearl to have this time at the pier. I would like to
point out to the City Commission, those of you who are left. that there are ram,boat shows in this Country that have no in water displays and don't that mr.
Logan's share will be hurt in anyway by refusing him the rights to deal with the
people of Pier S. The people of Pier 5 are sick and tired of people coming in
and pushing us away from our homes and away from the situation that we have
contracted with the City of Miami. And I hope that the City Commission does
not approve the use of Pier 5 for the Summer Boat Show. Thank you, for your
attention.
Mr. Logan: Mr. Lacasa, let me add one thing, if I may, please. When he
says that they are given ninety days notice, sir, the contract says sixty days
notice, not ninety days and we have sixty days between now and the show. We
have nine weeks. I have just gone over to the Dock Master's Office and I have
gotten a copy of a Pier 5 agreement from 1968. Sometimes we have a tendency
to lose the text of what we are thinking about because of the adjectival
phase, if you will pardon my expression. Let's forget about the clause that
has been put in there since 1973 or 1974 by an ordinance, ok. Before that time
in 1968 I have a copy of an agreement here that has no mention of Pier 5 and no
mention of use of it, but they were using it at that time. All I'm saying to
you is that since 19... and I could go back farther than 1967, you have been
allowing the people who are holding a boat show to use Pier 5. It wasn't in
their agreement that they could use it and all you had to do was make an
ordinance, a resolution and I have resolution after resolution after resolution.
Mrs. Gordon, I am not going to ask you to void anybody's contract. It wasn't
in their contract at that time when you made your resolution and they went
with it. I'm not asking you to change their existing dock agreement, but if you
could do it before and set a precedence year after year, unfortunately the
gentleman who were the tenant up here thought, he has talked to me, but he
doesn't realize how important it is that I have this and I assure you that I
wouldn't be boring you with this issue if it were a minor issue. But it speaks
for one third of the dollars and cents of exhibits in that show. It's monumental
and we are nine weeks away. If would be different if I was six months away and
had an opportunity and you people would just bear with me and give it to me
for only this one year and then tell me next year come back to us and even
make other plans or do something, fine. I have advertised in National Boating
Publications, in the water, on land. I have sold forty or thirty-seven slips...
I just... you know, I want to work with you, please help me to... I am only asking
for the same thing you have given everybody else every year. And Mr. Lacasa
if you would entertain a motion of some sort that wouldn't disagree with the
foundations... if either Mrs. Gordon or Mr. Gibson... I just don't think she
wants to cancel their contract.
Mr. Lacasa: Mr. Logan, you know quite well that 1 moved earlier today this
question and it was seconded by Father Gibson and we were defeated. What else
can we do?
Mr. Logan: Well, what we are saying is your resolution as I understand it was
to void the contracts, but we are saying don't void or terminate the contracts,
simply pass a resolution similar to all the other resolutions entered into
going back to 1967, similar to the one I read that Mr. Plummer introduced in
gl
144
APR 1 9 1979
1971 which would permit the City to enter into contracts with Mr, Logan's show
to use Pier 5 and to give these people sixty day notice to find another place,
to allow Mr. Logan to negotiate with them, to pay them whatever the cost to
their moving is.
Mr. Lacasa: George?
Mr. Knox: The only thing that the City Commission is empowered to do is to
adopt a motion perhaps of it's desire or intention that the Summer Boat Show
be successful. In order that it be successful according to Mr. Logan it's
necessary that he have access to Pier 5. Again, that is not binding upon
the tenants, it doesn't even represent a mandate to the tenants and it appears
that what he is asking for is the City Commission assistance in helping him
to negotiate with the tenants and that would not violate the existing lease
agreements.
(BACKGROUND COMMENTS OFF THE PUBLIC RECORD)
Mr. Plummer: Might I suggest that we not have a violating of Sunshine, that
all Mr. Lacasa's words be on the record.
Mr. Logan: I was asking...
Mr. Plummer: I'm glad that you are sharing with the rest of us including Mr,
Knox and Mr. Grimm.
Mr. Lacasa: I was asking Mr. Jennings if there was any possible solution whatsoever
to this question and let's see what, if anything, you can come up...
Mr. Jennings: Well, the only other solution that, you know, I'm not a magician,
but the only other solution that I see that seems at all reasonable is for
Mr. Logan to try to compensate the tenants in order to give them an incentive
to vacate their slip voluntarily, you know, on the basis of...
Mr. Plummer: Have you tried that?
Mr. Logan: Yes, sir, I have and you got to understand, I would be willing to
bend over backwards for the tenants in Pier 5. (NOT USING THE MIKE).
Mr. Plummer: I'm sorry, you got to put it on the record Mr. Logan.
Mr. Logan: I'm sorry. Ok, they originally put their trust in the Dinner Key
Boat Show and Larry Pearl some years ago and their trust, I am told by people
who are on Pier 5 was violated, they were taken advantage of after that. Since
then they have never been given an opportunity to be involved in it and that's
why when I came to... I went to them before coming to the Commission and they
said "we can't deal with you". My point is that if you, as Mr. Knox said, if you
make a resolution to that effect, it's nothing that hasn't been done before, there
are three of you here so you can legally do it and it's just what you have
always done. I'm not asking you to void anybody's contract. And I'm prepared
to sit down at any time with the people on Pier 5 or Pier 4. I'm prepared to
only ask that you just... only because of the closeness of the situation, bear
with me for this year. I would be glad to pay the people directly, I will do
anything reasonable at all. But if you can only allow me the use of the Pier
for this year and then when we have more time, we will have a hearing if that's
what they would like, anything they want to bring it all out, put their problems
on the table and let me show my, my where I'm really coming from as far as meeting
their problems.
Mr. Lacasa: Ok, Vic, but that resolution... what would the resolution entail?
What practical affect, if any, would the resolution have? What would the resolution
call for?
Mr. Logan: The same affect in the past, let me reach over and get it. Year
after year the resolution has stated that "A resolution authorizing and directing
the City Manager and the City Clerk to enter into a lease agreement with- in this
case it would be Miami Summer Boat Show to lease the facilities of Pier 5 South
Dinner Key Marina is what it says here, for a period beginning and it give the
date and it give the money". Now, previous to that there was another resolution
each year which may be easier. "A resolution authorizing and directing the City
Manager and the City Clerk to enter into a contract with the Miami Summer Boat
Show to use the facilities of the entire Pier 5, Dinner Key Marina for a period
beginning and it gives the dates and allowing the subusing of said facilities.
This is the exact wordage of the very first one.
gl
1 d;)
APR 1 9 1979
(BACKGROUND COMMENTS OFF THE PUBLIC RECORD)
Mr. Lacasa: But the question that I have here is how can we pass this
resolution authorizing and directing the City Manager to enter into a contract
for something that we don't have?
Mr. Logan: Ok.
Mr. Lacasa: The question here Vic is that we do not have the availability
legally. Obviously we don't have the availability of the spaces, how can we
pass this resolution? In what legal situation we will find ourselves?
Mr. Logan: Ok, Armando let me say this, if you will look at the agreement
in front of Commissioner Plummer dated 1968, there is no provision whatsoever
for the use of Pier 5 in that dockage agreement as there is no provision for
the use of Pier 5 for Miami's Summer Boat Show. What I'm saying to you is
you have dockage agreements and in either of these two dockage agreements
and I just have the... oh, here it is here, this is the new one that you can
look at there is no provision, but it was done and it was legal. In other
words it doesn't have to say in the dockage agreements that you have to move
for the boat show, it was deemed in the best interest of the !'itt' and the, show
and so they did it by just making a resolution. They didn't void anybody s
contract and they didn't give anybody a hard time. And I'm not asking you to
void anybody's contract, simply do it the way it has always been done. It
was legal in the past, why would it not be legal now?
Mr. Grimm: Mr. Vice -Mayor, while Mr. Knox is looking up the law, I think that
the Commission should consider that what Mr. Logan just said was history in
1968 is not a fact in 1969. The people... 1979, excuse me. The people on the
docks today do have a contract and it does limit us, the City to one boat show
a year. And the resolution that Mr. Logan has presented to you is purely and
simply the administration's housekeeping matter to let you be assured that
we are at that time for that event allowing whoever that promoter is to use
Pier 5.
Mr. Logan: Mr. Grimm, may I correct you on one thing? If you will look at
that you will see that the agreement for 1979 which you are referring to is
the same as that of 1968. It's not a house document to the very important
thing. Let's forget for just a moment that you gave permission to the Dinner
Key Boat Show because you have to understand that just because there is a
clause in the dockage agreement that says they can move, there is no clause
in that agreement that says no other boat show can go there or that we cannot
make another resolution giving it to anyone else. It also does not say that
we will not allow any other boat show to use your dock space. You see...
UNIDENTIFIED SPEAKER: Would you like to hear the history of this gentlemen?
Mr. Plummer: I would prefer not to.
UNIDENTIFIED SPEAKER: Ok.
Mr. Plummer: Mr. Jennings, may I ask you the question, you being the nautical
intellectual? Is there a possibility that we can go over and rent to this man
the commercial spaces on the west side? In other words, you know, if a guy
has to uproot as this man does his telephones and everything, that's one thing,
but the west side over there as I recall is all commercial. Is that correct?
Mr. Jennings: Yes. They all function under a dockage agreement.
Mr. Plummer: Yes, I understand.
Mr. Jennings: Yes, they all have a document in their hands and as to whether
that document could be breached for a week in order to clear that space, you know
for a boat show and I guess I would have to defer it to our City Attorney,
I really don't know the answer.
Mr. Plummer: So what you are saying, you know, in reality that there is no
way, is that what you are saying to us?
Mr. Jennings: I'm just saying that I don't know of a way.
gl
146
APR t 9 1g79
Mr. Plummer: Ok. Mr. Grimm? Mr. Fosmoen?
Mr. Grimm: No, sir, I don't know of anyway either.
Mr. Logan: Do you remember Mr. Plummer when we last month talked about Pier 4?
Mr. Plummer: Yes, sir.
Mr. Logan: You see, what I'm saying to you is that last month you came... you
made a motion and it passed four to one and that motion said "we are going to
come back and take whatever steps are necessary to get Mr. Logan the water,
Now, what you...
Mr. Plummer: I remember that.
Mr. Logan: Alright. Now, what you need to understand is that if we are playing...
if we are putting so much attention to Pier 5 to the paragraph that reflects
the Dinner Key Boat Show, then may be there should be no reservations about
putting it in for Pier #4. As I mentioned to you the last time, I don't think
that, that paragraph has any relevancy to what we can or can't do for the
Miami Summer Boat Show. My legal contention to you is that, that's simply
a phrase that relates to the October show and one thing has nothing to do with
the other, other than the fact that it sets a precedent. So if it's setting
a precedence you are only going along with what you have been doing every year
for all these other shows and keep in mind it wasn't only for the Dinner Key
Boat Show, you also did it for the Miami International Boat Show.
Mr. Plummer: That was prior?
Mr. Logan: Yes, sir.
Mr. Plummer: Mr. Knox?
Mr. Grimm: Vice -Mayor...
Mr. Plummer: Your name is not Mr. Knox.
Mr. Grimm: Oh, excuse me.
Mr. Knox: Yes, sir.
Mr. Plummer: He raised a legal question, how about a legal answer and then we
will talk to Mr. Grimm.
Mr. Knox: As I understand it his question was whether or not the City Commission
could by a resolution cause the tenants on Pier 4 to vacate their slips during
the period of the Summer Boat Show as perhaps which may have originally happened
as regards to Pier 5 and my position will remain the same that to cause the
removal of these tenants without their consent would be tantamount to an eviction
and perhaps in violation of their rights under the lease agreement.
Mr. Grimm: Mr. Plummer,...
Mr. Plummer: Mr. Grimm?
Mr. Grimm: you asked earlier if there was any options. There is an option
Mr. Logan wants an option that burdens the City to provide him either the use
of Pier 4 or Pier 5. What we are saying is let Mr. Logan go out and negotiate
with anybody on Pier 1, 2, 3, 4 or 5 and anybody he can get to move, fine.
Mr. Logan: Mr. Grimm, I wish that was... and that's what you...
Mr. Grimm: I realize that, that's made a little bit facetiously because that's
not acceptable to you, but my premise was is that you want to burden us to
move people that have a contract to satisfy your needs on Pier 4 or 5. And
you have heard the City Attorney say and you have heard the Administration say
that they have not been able to accomplish that.
Mr. Logan: Excuse me, what... Ok, now let me ask you a question. If the City
Administration hasn't been able to do that, how would you expect me to. And let
me recall what the attorney said "perhaps", you know, that's an awful big
word. Perhaps we would have a problem, perhaps... you know if... all I'm trying
gi
141
APR 1 9 197!
say to you is that this... What is the difference? Mr. Knox, you know, let
me address a question to you directly, In 1968 you had a contract with the
tenants on Pier 5 and you invoked an ordinance or a resolution which asked them
to move. Can you tell me what the legality was at that time that allowed it
to happen? What's changed?
Mr. Knox: The City Attorneys.
Mr. Logan: The City Attorneys changed? So you are saying in essence that
the legality hasn't changed one bit?
Mr. Knox: No, I'm just saying that this City Attorney happens to feel that to
cause or to force individuals who are legitimate lessees from the City of Miami
to move against their will for any period of time violates the City's warranty
that they shall enjoy a quiet enjoyment of their lease hold interest and I'm
not going to recommend that to the City Commission....
Mr. Logan: I've got one last question. Mr. Plummer this may help you, I don't
know. Were there any cases against the City?
Mr. Plummer: I'm going to hold you to that. I'm going to hold you. Your last
question.
Mr. Logan: Ok, yes, sir. Were there any cases... you know, you asked them to
do it in 1967 and 68 and 69 and 70 and 71 and it wasn't in the contract. My
question to you is did the City ever get sued before and if that's a precedence
that they didn't get sued by the tenants before, then I think this City is safe
in entering into the same kind of an negotiation.
Mr. Plummer: You are asking me to answer?
Mr. Logan: I'm sorry. I'm asking Mr. Knox because he is the Attorney.
Mr. Plummer: Mr. Knox?
Mr. Knox: There is a distinction between negotiating to accomplish a desired
result and compelling that result by some action of the City Commission and the
City Commission, in my opinion, is in no position to command that those tenants
along Pier 4 and or 5 remove themselves for the period of time that the boat
show would be held.
Mr. Logan: I'm sorry sir, you didn't answer the question Mr. Knox. The question
that was posed to you was did they sue you in the past?
Mr. Knox: I don't know.
Mr. Plummer: Well, I have been around since 1970 Vic if it's any conclusion
and I don't recall being sued, but that's your answer. You see, let me tell
you what's not really being said, you know, everybody can play games. You know,
Vic I am thoroughly convinced- let me just put it on the line to you- if you
were to get the approval of this Commission tonight to do what you want, you
know what's going to happen? You are going to wind up in court, you know that
and I know that. Either this man here or Ike Iaconis or one of the other lawyers
in the sky are going to take you to court.
Mr. Logan: I've got to take that chance, I'm willing to take that chance Commissioner.
I've got no choice. I'm willing to take that chance.
Mr. Plummer: Well, hey, you know, the Chair Vic is going to rule that unless
something new is brought up I just feel we are shoveling against. Father you
got any suggestions? Mr. Lacasa you got any suggestions? I've got no suggestions.
Mr. Logan: Ok.
Mr. Plummer: I thought the only viable alternative might have been the commercial
and I'm told now there is another problem over there and you don't have the
depth over there. Mr. Logan the only thing I can say... when are you scheduled?
May what?
Mr. Logan: June 29th, sir.
Mr. Plummer: So you are talking about roughly...
gl
14
APR 1 9 1979
•
Mr. Logan: Nine weeks, sir.
Mr. Plummer: Alright. Mr. Logan the only thing I can suggest to you in all
honesty is we meet again on the 30th, sir and you never had any problem of
being heard before this Commission. Number one, if I were you I would diligently
you know, go out to those people and try and plead your case and try to drive
a bargain with them, may be you can just luckily come upon something that would
appeal to those people, I don't know. I think your chances are nill; but you
are at a brick wall, alright? Now, that not working, I think that it behooves
you in your thinking to try to come up with something different that hasn't
been tried because everything that you have brought up so far has brought you
to an end conclusion. So unless you can come up with either; A. some kind of
an agreement that this City could maybe assist you in, in helping the people
move. B. you come back with some new idea that hasn't been tried or something
that hasn't been brought up here and I... you know, I for one will say to you
that you will be heard if you have something to say on the 30th. But to pursue
it now, I think we are just going in circles.
Mr. Logan: Ok, let me ask you. Did we previous to this make a motion... did
the Commission make a motion allowing the people on Pier 5 to sublet their
space to me because one of the letters said you didn't and I'm not certain
about that. So would it for the... to answer that question can we possibly
get a motion to that effect so that they can't say we don't have permission
to sublet our spaces.
Mr. Plummer: That I think is well in order, if what you are asking is that
anyone you are able to negotiate with and are willing voluntarily to move, can
they do it and I don't think anybody has got a problem with that. Ok?
Mr. Logan: Between now and the 19th, if somebody can make a motion the 30th
that will help me between now and then anyway.
Mr. Plummer: The Administration got any problem with that? Anybody up here?
Father Gibson make a motion...
Rev. Gibson: Go ahead.
Mr. Plummer: You are for it?
Rev. Gibson: Yes, I move.
Mr. Plummer: Gibson makes the motion...
Mr. Lacasa: I second it.
Mr. Plummer: ... Lacasa seconds that the City waives it's right of sublease
control if Mr. Logan is able to some way negotiate with any of those on Pier
5, the City blesses your negotiations.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Jennings: I think what the motion needs to say, the motion needs to
authorize the tenants on Pier 5 to sublease their slips to Mr. Logan. It
authorizes the tenants because it is the tenants agreement that says they can't
sublease.
Mr. Plummer: Voluntarily?
Mr. Jennings: Yes, yes, of course.
Mr. Plummer: Ok.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Plummer: Mr, Logan, that's what you are looking for?
Mr. Logan: Until the 30th that's all I can ask for and get I'm sure,
Mr. Plummer: Call the roll.
gl
14
APR 1 9 1979
The following motion was introduced by Commissioner Gibson, who moved
its adoption:
MOTION NO. 79-285
A MOTION AUTHORIZING THE TENANTS OF PIER V (BUT
ONLY IF THEY VOLUNTARILY SHOULD SO DECIDE TO DO)
TO SUBLEASE THEIR SLIPS ON PIER V TO MR, VICTOR
LOGAN IN CONNECTION WITH THE HOLDING OF HIS
"MIAMI SUMMER BOAT SHOW."
Upon being seconded by Commissioner Lacasa, the motion was passed and
adopted by the following vote:
AYES: Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
NOES: None.
ABSENT: Mayor Maurice A. Ferre
ADJOURNMENT
There being no further business to come before the City Commission
on motion duly made and seconded, the meeting was adjourned at 9:10 P. M.
ATTEST: RALPH G. ONGIE
City Clerk
MATTY HIRAI
Assistant City Clerk
gl
150
MAURICE A. FERRE
Mayor
APR ! 0 10'/R
CITY OF IAMI
DOCUMENT
INDEX
MEETING DATE:
April 19, 1979
ITEM NO
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
DOCUMENT IDENTIFICATION
COMMISSION AGENDA AND CITY CLERK REPORT
AMENDING SECTION 1 OF ORDINANCE NO. 8719 ADOPTED OCTOBER
26, 1977
AUTHORIZING THE CITY MANAGER TO ACCEPT EITHER PERSONALLY
OR THROUGH HIS DESIGNEE PRIVATE CONTRIBUTIONS OF MONEY
FOR THE PURPOSE OF PURCHASING CO•tMENMORATIVE PLAOUES
FOR THE CUBAN MEMORIAL PLAZA AND MEMORIAL BOULEVARD
PROJECT.
AMENDING SUSBSECTIONS 4,5,6,7, AND SUBSECTION (d) OF
THE LAST UNNUMBERED PARAGRAPH OF SECTION 39-13.1 OF THE
CODE OF THE CITY or MIAMI
AMENDING SECTIONS 1 AND 6 OF ORDINANCE NO. 8858, ADOPTED
SEPTEMBER 28, 1978
REVISING RESOLUTION NO. 78-46 PASSED AND ADOPTED BY THE
CITY COMMISSION ON JANUARY 24, 1978
EXPRESSING
COMMISSION
ING OF HIS
EXPRESSING
COMMISSION
HIS WIFE.
THE DEEPEST SORROW AND GRIEF OF THE CITY
TO CONGRESSMAN CLAUDE PEPPER UPON THE PASS -
WIFE.
THE DEEPEST SORROW AND GRIEF OF THE CITY
TO SYDNEY WEINTRAUB UPON THE PASSING OF
EXPRESSING TEH DEEPEST SORROW AND GRIEF OF THE CITY
COMMISSION TO THE FAMILY AND FRIENDS OF SAM BLANK
EXPRESSING THE DEEPEST SORROWN AND GRIEF OF THE CITY
COMMISSION TO THE FAMILY AND FRIENDS OF M. LEWIS HALL,
SR.
AUTHORIZING THE EXPENDITURE OF $25,000 FROM FOURTH
YEAR COMMUNITY DEVELOPMENT FUNDS FOR THE PREPARATION
OF A DETAILED DEVELOPMENT PLAN TO CARRY OUT THE CONCEPT
OF A "LATIN QUARTER" IN THE CITY OF MIAMI
RESCHEDULING THE REGULAR CITY COMMISSION MEETING OF
MAY 10, 1979 TO TAKE PLACE ON MAY 22, 1979
APPOINTING NINE INDIVIDUALS AS MEMBERS OF THE RECENTLY
CREATED MIAMI WATERFRONT BOARD.
APPROVING THE VACATION AND CLOSURE OF THE
ALLEY BOUNDED BY BRICKELL PLAZA, BRICKELL AVE-
NUE AND S.E. 8TH STREET
DESIGNATING THE CITY OF BUENOS AIRES, ARGEN-
TENIA, AS A "SISTER CITY OF MIAMI
COMMISSION
ACTION
R-79-245
R-79-246-A
R-79-246
R-79-247
R-79-248
R-79-250
R-79-252
R-79-253
R-79-258
R-79-259
RETRIEVAL
CODE N0.
0062
0063
0064
0065
0066
79-245
79-246-A
79-246
79-247
79-248
79-250
79-252
79-253
79-258
79-259
DOCUIVIENTINDEX
CONTINUED
TDI NO.
DOCUMENT IDENTIFICATION
16
17
18
19
20
21
22
23
24
25
27
28
AUTHORIZING THE CITY MANAGER TO ENTER INTO THE
ATTACHED SUPPLEMENTARY AGREEMENT TO THE EXIST-
ING AGREEMENT WITH THE ARCHITECTURAL FIRM OF
FERENDINO, GRAFTON, SPILLIS, CANDELA, ARCHI-
TECTS, ENGINEERS AND PLANNERS.
RESCHEDULING THE REGULAR CITY COMMISSION MEET
ING OF APRIL 26, 1979, WHICH HAD BEEN EARLIER
RESCHEDULED FOR APRIL 23, 1979 TO TAKE PLACE
ON APRIL 30, 1979
APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS ON THE INTERNATIONAL FOLK FESTIVAL
COMMITTEE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO THE ORIGINAL AGREEMENT WITH
JONATHAN G. SEYMOUR, HENDERSON- ROSENBERG
ASSOCIATES, AND DAVID M. SCULLY AND ASSOCIATE
AUTHORIZING THE CITY MANAGER TO NEGOITATE
AND EXECUTE AN AGREEMENT ESTABLISHING AN
OFFICE OF INTERGOVERNMENTAL COORDINATION AND
LIASON TO BE FUNDED BY THE SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM
AUTHORIZING THE CITY MANAGER TO ACCEPT A
GRANT AWARD FROM THE FINE ARTS COUNCIL OF
FLORIDA FOR ARTIST IN RESIDENCE PROGRAM
APPROVING, RATIFYING AND CONFIRMING THE
EMERGENCY ACTION OF THE CITY MANAGER IN
AUTHORIZING THE REPAIR AND REFIRBISHING OF
AERIAL LADDER NO. 9 FOR THE MIAMI FIRE DE-
PARTMENT AT A TOTAL COST OF $44,874.14
AUTHORIZING REPAIR AND REPURBLISHING OF
AERIAL LADDER NO. 4 AT A TOTAL COST OF
$69,709.79 BY AMERICAL LAFRANCE FOR THE MIAMI
FIRE DEPARTMENT
ACCEPTING WITH GRATITUDE A GIFT OF REAL
PROPERTY FROM HENRIETTA H. GULLET AND ANNA
BELL HAM
PETITIONING THE FLORIDA LEAGUE OF CITIES TO
IMMEDIATELY USE WHATEVER MEANS IT HAS AT
ITS DISPOSAL TO INTERCEDE AND INTERVENE
WHEREVER POSSIBLE IN ORDER TO REVERSE THE AC-.
TION TAKEN BY THE BOARD OF COMMISSIONERS OF
METROPOLITAN DADE COUNTY WHICH ATTEMPTS TO
PREEMPT MUNICIPAL REGULATORY CONTROL OVER
TAXICABS.
ALLOCATING AN AMOUNT NOT TO EXCEED $15,00
FOR THE CITY'S CO-SPONSORSHIP OF THE COCO-
NUT GROVE CHILDREN'S THEATRE "PERFORM-A-THON
'79" AT GUSMAN CULTURAL CENTER
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED AGREEMENT WITH MR. LAZARO ALBO
COMMISSION
ACTION
RETRIEVAL
CODE NO.
R-79-260 77-260
R-79-261 79-261
R-79-262 79-262
R-79-26
R-79-26
R-79-26
79-263
79-264
79-265
R-79-26 79-266
R-79-26 79-267
R-79-26
R-79-26
R-79-27
R-79-27
79-268
79-269
79-271
79-272
DOCU Iv1ENTIN DEX
CONTINUED
T04 NO.
DOCUMENT IDENTIFICATION
29 AUTHORIZING PAYMENT OF $73,815 TO BEC CON-
STRUCTION FOR PARTIAL PAYMENT OF THE CONSTRUC
TION CONTRACT FOR THE PROJECT ENTITLED
"LITTLE HAVANA COMMUNITY CENTER
30 AUTHORIZING THE CITY MANAGER TO EXECUTE A
QUITE CLAIM DEED TO HARRY W. FLYNN AND
GERTRUDE D. FLYNN
31 ORDERING WEST TRAILVIEW HIGHWAY IMPROVEMENT
H-4447 AND DESIGNATING THE PROPERTY AGAINST
WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A
PORTION OF THE COST THEREOF AS WEST TRAILVIEW
HIGHWAY IMPROVEMENT DISTRICT H-4447
32 AUTHORIZING THE CITY CLERK TO PUBLISH A
NOTICE OF PUBLIC HEARING FOR OBJECTIONS TO
THE ACCEPTANCE BY THE CITY COMMISSION OF THE
COMPLETED CONSTRUCTION OF EAST BRADDOCK
SANITARY SEWER IMPROVEMENT SR-5410-C
33 ACCEPTING THE COMPLETED WORK PERFORMED BY
BEN HURWITZ, INC. AT A TOTAL COST OF $3,400
FOR THE NEW FIRE STATION NO. 9-BUILDING
DEMOLITION
34 ACCEPTING THE COMPLETED WORK PERFORMED BY TH
ZACK COMPANY AT A TOTAL COST OF $41,949.00
35 ACCEPTING THE COMPLETED WORK PERFORMED BY
GASTON LANDSCAPE CO., INC. AT A TOTAL COST
OF $16,200.00 FOR THE CHARLES TERRACE COMMU-
NITY DEVELOPMENT TREE PLANTING
36 ACCEPTING THE COMPLETED WORK PERFORMED BY
MAYO CONSTRUCTION INDUSTRIES, INC. AT A
TOTAL COST OF $10,184.68
37 ACCEPTING THE BID OF ANAR CONSTRUCTION CORP.
IN THE PROPOSED AMOUNT OF $66,445 FOR ALLA-
PATTAH MINI -PARK DEVELOPMENT
38 ACCEPTING THE BID OF WILLIAMS PAVING COMPANY
INC IN THE AMOUNT OF $571,417.61
39 ACCEPTING THE BID OF MIRI CONSTRUCTION, INC
IN THE PROPOSED AMOUNT OF $147,597.50
40 ACCEPTING THE BID OF T&N CONSTRUCTION
COMPANY IN THE PROPOSED AMOUNT OF $63,447.60
E
-COMMISSION
ArTI M
R-79-273
R-79-274
R-79-275
R-79-276
R-79-277
R-79-278
R-79-279
R-79-280
R-79-281
R-79-282
R-79-283
R-79-284
RETRIEVAL
CODE NO.
79-273
79-274
79-275
79-276
79-277
79-278
79-279
79-280
79-281
79-282
79-283
79-284