Loading...
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 gl 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. gl 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 gl tv 'En 1 9 19 • 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... gl Q �7 '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. gl 08 TP R 1 9 1979 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 gl 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. gl 19 '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? gl i' 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 gl 12 'PR ! 9 19' 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. gl 13 URi919f 1 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? gl ' c APR 1 9 19T! 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 gi 16 ADP T 9 19 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. gl 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. gi 18 "APR ! 9 191I (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. gl 1_9 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 ITRi919 • • f 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 TOR ! 9 197i 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. gl 22 '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. gl 23 �R tiff 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 gl f'`2 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 gl 0,0 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 gi 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 gi 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. gi 28 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 gl 29 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. gi 30 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". 31 'APR •I Q IOTA Rl 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. gl 32 (*PR .19 1nnt 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 gl 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 gl 34 "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. gl 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 gl 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? gl 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 gl 38 '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. gl %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. gi 40 '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. gl 41 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 42 'e PP 4 g Ig79 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. rt .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. rt 44 AFR 19 1971"F 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. rt 'A F R 1 9 l 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? rt 46 R 1 9 197v 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 rt 4�1 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. rn. 77 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. rn. 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 rn. 79 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. rn. 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 rn• 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 rn. '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. Tn. '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. rn. '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. rn. 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. rn. qt3 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. "'M'"•a...s.Yww.r++y.wemw•ww..wmw .--.,��.w.•• 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 • soh 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 mh 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. mh 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. mh 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 mh 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. mh 112 7: i Ole 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 mh 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 mh 11.4 APR 19107! i c 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 mh 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. mh 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. gl 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... gl 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. gi 121 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. gl 122 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). gl 123 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. gl 124 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. gl 12d 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: gl 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. gl 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? gl 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. gl 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. gl 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