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CC 1987-02-12 Minutes
tOF MIAMI 1 .. OF MEETING HELD ON FRIMIARY 12, 1987 (REGULAR) PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL MATTY HIRAI City Clerk INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA FEBRUARY 12, 1987 ITEM SUBJECT LEGISLATION PAGE MO. NO. 1. CERTIFICATE OF APPRECIATION TO PRESENTED 1 CUBAN MUNICIPALITIES. 2/12/87 2. EMERGENCY ORDINANCE: ESTABLISH ORDINANCE 2-6 ANNUAL COMMERCIAL GARBAGE 10214 COLLECTION AND DISPOSAL FEES. 2/12/87 3. ALLOCATE $10,000 FOR THE CONFERENCE R-87-117 6-12 OF NEGRITUDE, ETHNICITY AND AFRO 2/12/87 CULTURES. (ALSO SEE LABEL #7). 4. PROCLAMATION OF ST. PATRICK'S DAY. DISCUSSION 12-13 2/12/87 5. CONSENT AGENDA. 13-14 2/12/87 5.1 APPROVE PAYMENT FOR MECHANICAL R-87-118 14 SYSTEMS ANALYSIS ASSOCIATES. 2/12/87 5.2 CONFIRM NOMINATION OF ARTHUR HERTZ R-87-119 14 TO OFF-STREET PARKING BOARD. 2/12/87 5.3 BILL DE LA SIERRA TO SERVE AS R-87-120 14 MAYOR'S LIAISON IN AD HOC MINORITY 2/12/87 ADVISORY COMMITTEE FOR MIAMI ARENA; FURTHER APPOINTING COMMISSIONER DAWKINS AS CHAIRMAN OF SAID COMMITTEE. 5.4 ACCEPT BID: AMMUNITION RELOADERS, R-87-121 15 LAWMEN AND SHOOTERS SUPPLY, OAKS 2/12/87 WHOLESALE, AND SOUTHERN GUN AND TACKLE FOR AMMUNITION SUPPLIES. 5.5 ACCEPT BID: CENTRAL ELEVATOR TO R-87-122 15 REPAIR ONE ELEVATOR. 2/12/87 5.6 RESCIND AWARD TO JUELLE, INC. AND R-87-123 15 ACCEPT TREE MASTERS INC. FOR 2/12/87 DEMOLITION SERVICES. 5.7 TWO-YEAR CONTRACT WITH PEOPLES R-87-124 16 NATIONAL BANK OF COMMERCE AND 2/12/87 TOTALBANK FOR SPECIAL DEPOSITORY ACCOUNTS. 5.8 ACCEPT GRANT FROM DADE COUNTY R-87-12'5 16 COUNCIL OF ARTS AND SCIENCES TO 2/12/87 SPONSOR DANCE PERFORMANCES. 5.9 AUTHORIZE TEMPORARY LOAN FROM R-87-126 16 DOWNTOWN PEOPLE MOVER EXTENSION 2/12/87 PROJECT DEPOSIT FOR CONSTRUCTION OF ADDITIONAL PRESS FACILITIES AT ORANGE BOWL. t �i 5.10 ACCEPT COMPLETED WORK OF LANZO CONSTRUCTION FOR WAGNER CREEK RENOVATION. 5.11 ACCEPT COMPLETED WORK OF MARKS BROTHERS COMPANY FOR DREDGING SLIP 3 OLD PORT OF MIAMI. 5.12 APPROVE MONUMENT IN HONOR OF CUBAN WOMEN POLITICAL PRISONERS IN JOSE MARTI PARK. 5.13 REIMBURSE THE STATE FOR ACQUISITION OF PROPERTY APPRAISALS OF BARNACLE. 5.14 CLOSURE OF STREETS FOR ARTISTS'DAY ART FESTIVAL AT VIZCAYA. 5.15 CLOSURE OF STREETS FOR DESIGNER'S SHOWCASE187. 5.16 CLOSURE OF STREETS FOR CARNAVAL MIAMI BIKE DASH. 5.17 ALLOCATE $12,000 FOR SUNSHINE STATE GOLDEN GLOVES BOXING TOURNAMENT TO COVER FEES FOR COCONUT GROVE EXHIBITION CENTER. 6. $25,000 FOR SETTING UP AN OLYMPIC TRAINING SITE AT KENNEDY PARK. 7. DISCUSSION REGARDING POSSIBLE EXTRA FUNDING FOR THE CONFERENCE ON NEGRITUDE. (ALSO SEE LABEL #3). 8. ALLOCATE $9,000 FOR OPERATION OF VIRRICK GYM YOUTH BOXING PROGRAM. 9. ACCEPT BID: YAMAHA MOTOR CORPORATION FOR TWO OUTBOARD MOTORS. 10. (A) ACCEPT BID: P.N.M. CORPORATION FOR CITYWIDE SIDEWALK REPLACEMENT PROJECT; (B) DISCUSSION re SPECS FOR AUTO BIDS RECENTLY SENT OUT; CONCERNS OF POSSIBLE UNFAIRNESS. 11. ACCEPT BID: M. VILA AND ASSOCIATES, INC., FOR ALLAPATTAH HIGHWAY IMPROVEMENT DISTRICT. 12. AMEND AGREEMENT WITH DADE COUNTY; INCREASE AMOUNT OF FILL MATERIAL BEING PURCHASED FROM CITY'S VIRGINIA KEY STOCKPILE. 13. (A) EXECUTE DEVELOPMENT AGREEMENTS WITH CRUZ DEVELOPMENT AND ASSOC. FOR PARCEL 24 OF OVERTOWN/PARK WEST REDEVELOPMENT. (B) EXECUTE DEVELOPMENT AGREEMENTS WITH CIRCA/BARNES/SAWYER FOR DEVELOPMENT OF PARCEL 55 EAST OF OVERTOWN/PARK WEST REDEVELOPMENT. 14. EXECUTE AGREEMENT WITH BAKEHOUSE ART COMPLEX INC. TO PROVIDE ADDITIONAL $54,000 (INCREASE E`%ISTING $150,000 LOAN/GRANT) FOR RENOVATION OF VACATED BAKERY COMPLEX FOR USE AS ARTIST WORKSHOP AND GALLERY. R-87-127 16 2/12/87 R-87-128 17 2/12/87 R-87-129 17 2/12/87 R-87-130 2/12/87 R-87-131 2/12/87 R-87-132 2/12/87 R-87-133 2/12/87 R-87-134 2/12/87 M-87-135 2/12/87 DISCUSSION 2/12/87 R-87-136 2/12/87 R-87-137 2/12/87 R-87-138 2/12/87 R-87-139 2/12/87 R-87-140 2/12/87 R-87-141 R-87-141.1 2/12/87 R-87-142 2/12/87 17 17 18 18 18 19-20 20 21-22 23-24 24-30 30-31 31-32 32-34 35 0 15. EXECUTE QUIT CLAIM DEED TO PIO R-87-143 35-36 CUESTA FOR EAST 10 FEET OF LOTS 15 2/12/87 AND 16 IN PARKER'S FLAGLER HEIGHTS. 16. DISCUSSION AND DEFERRAL OF PROPOSED DISCUSSION 36-38 RESOLUTION REQUESTING PROPOSALS FOR 2/12/87 PROCUREMENT OF PROFESSIONAL MANAGEMENT SERVICES FOR MIAMARINA. 17. AMEND AGREEMENTS WITH NEIGHBORHOOD R-87-144 38-40 ECONOMIC DEVELOPMENT ORGANIZATIONS 2/12/87 FOR IMPLEMENTING A COMMERCIAL FACADE TREATMENT PROGRAM. 18. RESCIND PREVIOUS ALLOCATION OF R-87-145 40 $2,600 FOR FOUR SURPLUS CITY 2/12/87 VEHICLES TO BE USED BY STAFF OF THE FUNDACION NACIONAL CUBANO-AMERICANO FUNDO DE AYUDA DEL EXODO CUBANO TO ASSIST MARIEL EXILES. 19. CHANGE HOURS OF THE STREET CLOSURE R-87-146 41-42 FOR CARNAVAL MIAMI PASEO. 2/12/87 20. PROHIBIT PROCUREMENT WITH COMPANIES R-87-147 42-43 DEALING WITH NATION OF SOUTH 2/12/87 AFRICA. 21. EMERGENCY ORDINANCE: INCREASE ORDINANCE 43-44 APPROPRIATIONS FOR HEAVY EQUIPMENT 10215 MAINTENANCE DIVISION. 2/12/87 22. INCREASE APPROPRIATIONS TO ORDINANCE 45-46 REIMBURSE THE STATE DEPARTMENT OF 10216 NATURAL RESOURCES FOR ACQUISITION 2/12/87 OF TWO REAL PROPERTY APPRAISALS OF THE BARNACLE. 23. DISCUSSION AND TEMPORARY DEFERRAL DISCUSSION 46-48 OF PROPOSED FINANCIAL DISCLOSURE 2/12/87 ORDINANCE (SEE LABEL #43). 24. SECOND READING ORDINANCE: ADD NEW ORDINANCE 48-49 AREA FOR SIDEWALK CAFES. 10217 2/12/87 25. SECOND READING ORDINANCE: INCREASE ORDINANCE 50-52 APPROPRIATIONS FOR DEVELOPMENT OF 10218 250,000 SQUARE FOOT BUILDING FOR 2/12/87 LEASE TO THE U.S. GENERAL SERVICES ADMINISTRATION. 26. ACCEPT APPRAISAL OF GABRIEL GARCIA- R-87-148 52-53 MENOCAL FOR POSSIBLE ACQUISITION OF 2/12/87 LAND FOR DEVELOPMENT OF A 250,000 SQUARE FOOT OFFICE BUILDING TO BE LEASED TO U.S. GENERAL SERVICES ADMINISTRATION. 27. FIRST READING ORDINANCE: INCREASE FIRST 53-54 APPROPRIATIONS FOR APPRAISAL IN READING CONNECTION WITH THE CITY'S POSSIBLE 2/12/87 ACQUISITION OF PROPERTY FOR DEVELOPMENT OF A 250,000 SQUARE FOOT BUILDING FOR LEASE TO THE U.S. GENERAL SERVICES ADMINISTRATION. a # 28. ACCEPT APPRAISAL OF GABRIEL GARCIA- R-87-149 54-55 MENOCAL OF EIGHT LOTS BETWEEN N.E. 2/12/87 4TH AND 5TH STREETS AND N.E. 1 AND MIAMI AVENUE FOR POSSIBLE ACQUISITION OF LAND FOR DEVELOPMENT OF A 250,000 SQUARE FOOT OFFICE BUILDING TO BE LEASED TO THE U.S. GENERAL SERVICES ADMINISTRATION. 29. FIRST READING ORDINANCE: ESTABLISH FIRST 55-56 FUND: "RECREATION ACTIVITY 1986- READING 1987" AND APPROPRIATING FUNDS FOR 2/12/87 ITS OPERATION. 30. FIRST READING ORDINANCE: FEES FOR FIRST 56 OFF -DUTY FIRE -RESCUE PERSONNEL READING SERVICES. 2/12/87 31. FIRST READING ORDINANCE: REVISE FIRST 57v FEE SCHEDULE FOR CITY GOLF COURSES. READING 2/12/87 32. FIRST READING ORDINANCE: AMEND FIRST 57-58 CODE SECTION ON TAXATION BY ADDING READING LANGUAGE TO DEFINITION OF "WATER 2/12/87 SERVICE." 33. REFER BACK TO ADMINISTRATION M-87-150 58-62 PROPOSED FIRST READING ORDINANCE 2/12/87 MAKING IT UNLAWFUL TO SELL SUPPLIES FOR CONSTRUCTION WITHOUT PROOF OF VALID BUILDING PERMIT; SET PUBLIC HEARING. 34. DISCUSSION AND TEMPORARY DEFERRAL DISCUSSION 62-63 OF PROPOSED FIRST READING ORDINANCE 2/12/87 ESTABLISHING A FUND "1987 DANCE PROGRAM" (SEE LABEL #37). 35. WELCOME JANET CHUSMIR AS NEW R-87-151 63-64 EXECUTIVE EDITOR OF THE MIAMI 2/12/87 HERALD. 36. DISCUSSION AND TEMPORARY DEFERRAL DISCUSSION 64 OF PROPOSED FIRST READING ORDINANCE 2/12/87 TO AUTHORIZE THE CITY MANAGER TO PERMIT SALE OF BEER OR WINE IN CITY PARKS FOR SPECIAL OCCASIONS (SEE LABEL #38) 37. FIRST READING ORDINANCE: ESTABLISH FIRST 64-65 FUND "1987 DANCE PROGRAM" TO READING SPONSOR DANCE PERFORMANCES (SEE 2/12/87 LABEL #34) 38. FIRST READING ORDINANCE: AUTHORIZE FIRST 65-66 THE CITY MANAGER TO PERMIT SALE OF READING BEER OR WINE IN CITY PARKS FOR 2/12/87 SPECIAL OCCASIONS (SEE LABEL #36). 39. DISCUSSION AND TEMPORARY DEFERRAL DISCUSSION 66-73 OF PROPOSED RESOLUTION APPOINTING 2/12/87 UNDERWRITERS FOR CONVENTION CENTER PARKING GARAGE REFUNDING BONDS (SEE ' LABEL #41) 40. OPEN SEALED BID FOR CONSTRUCTION OF DISCUSSION 73-74 NORTH RIVER DRIVE HIGHWAY 2/12/87 IMPROVEMENT -SOLE BID REJECTED. m & 0 41. SELECT UNDERWRITERS FOR CONVENTION R-87-152 74-89 CENTER PARKING GARAGE REFUNDING M-87-153 BONDS; FURTHER DISCUSSION REGARDING 2/12/87 BOND UNDERWRITERS FOR CONVENTION CENTER PARKING GARAGE BONDS; CITY SHALL REMAIN OPEN TO RECEIPT OF NEW BIDS FROM UNDERWRITERS FOR BOND ISSUES; INSTRUCT MANAGER TO HAVE BUILT IN PREFERENCE FOR LOCAL BIDDERS; COMMISSION TO GET AT LEAST THREE UNDERWRITERS FROM WHICH TO SELECT (SEE LABEL #39) 42. DISCUSSION OF PROPOSAL BY DISCUSSION 89-93 COMMISSIONER KENNEDY TO HAVE 2/12/87 COMMISSION APPROVAL PRIOR TO EXPENDING AMOUNTS EXCEEDING $1,000 FOR CITY HALL IMPROVEMENTS. 43. SECOND READING ORDINANCE: ORDINANCE 93-97 FINANCIAL DISCLOSURE OF 10219 COMMISSIONERS (SEE LABEL #23) 2/12/87 44. RENAME THE MIAMI BASEBALL STADIUM R-87-154 97-101 TO THE BOBBY MADURO MIAMI BASEBALL 2/12/87 STADIUM. 45. DONATE FOUR SURPLUS POLICE VEHICLES M-87-155 101-102 AND FOUR SURPLUS POLICE MOTORCYCLES 2/12/87 TO CITY OF SWEETWATER AT $1.00 APIECE. 46. DISCUSSION AND DEFERRAL OF PROPOSED DISCUSSION 102-104 RESOLUTION ISSUING REQUEST FOR 2/12/87 PROPOSALS TO FURNISH TOWING/WRECKER SERVES FOR DEPARTMENT OF POLICE. 47. APPOINT MIRIAM SINGER, RUBY R-87-156 104-106 HEMINGWAY, EDNA MARTINEZ, JUDY 2/12/87 MILLER AND KATHY SHEA TO THE COMMISSION ON THE STATUS OF WOMEN. 48. DEFER CONSIDERATION OF PROPOSED M-87-157 106-108 RESOLUTION DESIGNATING DEVELOPMENT 2/12/87 OF LOW DENSITY HOUSING ON THE ST. HUGH OAKS PROPERTY; SCHEDULE TOWNHALL MEETING FOR RESIDENTS INPUT. 49. ESTABLISH A VISIONS 2000 COMMITTEE. R-87-158 108-111 50. NOMINATE TEN INDIVIDUALS TO BE R-87-159 111 LATER APPOINTED BY THE STATE 2/12/87 LEGISLATURE TO THE VISIONS 2000 COMMITTEE. 51. AUTHORIZE THE SPORTS AND EXHIBITION R-87-160 111-116 AUTHORITY TO DISBURSE $10,000 FOR 2/12/87 IMPROVING THE KNIGHT CENTER AND COCONUT GROVE EXHIBITION CENTER. 52. EXECUTE AGREEMENT WITH FULLERTON R-87-161 116-117 AND ASSOC. FOR PLANNING SERVICES 2/12/87. FOR CONVERSION OF EXISTING RETAIL SPACE AT KNIGHT CENTER INTO EXHIBITION SPACE. 53. RESCHEDULE COMMISSION MEETINGS IN R-87-162 117-118 MARCH TO MARCH 13TH AND MARCH 31ST. 2/12/87 • 54. SCHEDULE FOR MARCH 13TH AGENDA DISCUSSION OF POSSIBLE REPLACEMENT OF MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY. 55. BEER PERMIT FOR RUGBY FOOTBALL CLUB CHAMPIONSHIP IN GRAPELAND HEIGHTS PARK. 56. APPOINT STEVEN GOODRICH TO THE MIAMI AUDIT ADVISORY COMMITTEE. 57 APPOINT ART TEELE TO THE AD HOC MINORITY ADVISORY COMMITTEE FOR THE MIAMI ARENA. 58. APPOINT HOMER HARLOW, DAVID WEAVER AND FRANCISCO BLANCO TO THE KNIGHT CENTER ADVISORY COMMITTEE (SEE LABEL 061) 59. APPOINT LUIS SABINES, ROBERT CHISHOLM AND WILLY BERMELLO THE LATIN QUARTER REVIEW BOARD. 60. (A) APPOINT ELSA WAITE TO THE YOUTH ADVISORY COUNCIL. (B) ESTABLISH $2500 FOR YOUTH ADVISORY COUNCIL. 61. SUBSTITUTE PREVIOUS NOMINATION OF DAVID WEAVER WITH GUY SANCHEZ FOR THE KNIGHT CENTER ADVISORY BOARD.(SEE LABEL #58). 62. YOUTH ADVISORY COUNCIL TO RAISE MONIES DURING "GENESIS" CONCERT ON BEHALF OF RONNIE DESILLERS, CHILD IN NEED OF LIVER TRANSPLANT. 63. WAIVE REQUIREMENT FOR SEALED BIDS, APPROVE PURCHASE OF SERVICES RELATED MAINTENANCE AND EQUIPMENT FOR MONEYMAX COMPUTERIZED CASH FLOW INVESTMENT SYSTEM. 64. ALLOCATE $15,000 TO U.S.T.S. BUD LIGHT TRIATHLON. 65. ALLOCATE $25,000 FOR 1987 MIAMI MAGIC FESTIVAL; AUTHORIZE SALE OF BEER/WINE; CLOSE CERTAIN STREETS. 66. ALLOCATE $3,000 FOR ORCHID SOCIETY'S ANNUAL SHOW. 67. DISCUSSION CONCERNING PROPOSED INCINERATOR AND PROPOSED JAIL TO BE BUILT BY DADE COUNTY IN OR NEAR CITY OF MIAMI. 68. CLOSE CERTAIN STREETS IN BAY HEIGHTS FOR BLOCK PARTY. 69. (A) PERMIT NORTHEAST BISCAYNE BOULEVARD BUSINESS AND PROPERTY OWNER'S ASSOCIATION TO BANNER BISCAYNE BOULEVARD FOR OPENING OF BAYSIDE PROJECT; (B) REQUEST EAST LITTLE RIVER COMMUNITY TARGET AREA TO EXTEND TARGET AREA BOUNDARIES FROM F.E.C. PROPERTY TO BISCAYNE BOULEVARD. 0 M-87-163 119 2/12/87 R-87-164 2/12/87 R-87-165 2/12/87 R-87-166 2/12/87 R-87-167 2/12/87 R-87-168 2/12/87 R-87-169 M-87-170 2/12/87 M-87-171 2/12/87 M-87-172 2/12/87 R-87-173 2/12/87 R-87-174 2/12/87 R-87-175 2/12/87 R-87-176 2/12/87 DISCUSSION 2/12/87 M-87-177 2/12/87 M-87-178 M-87-179 2/12/87 119-120 120-121 121 122 122-124 124-126 126 127-128 128 129 130-131 132-134 135-138 139 139-143 70. ALLOCATE $5,000 FOR BOOKER T. R-87-180 143-145 WASHINGTON ALUMNI ASSOCIATION FOR 2/12/87 .ANNIVERSARY CELEBRATION. 71. ALLOCATE $25,000 TO THE EDUCATIONAL M-87-181 145-147 EMPLOYMENT CENTER FOR INSTALLATION 2/12/87 OF A COMPUTER ASSISTED REMEDIAL SKILL TEACHING PROGRAM. 72. COMMISSION TO PARTICIPATE IN THE M-87-182 147-148 ANNUAL TOWNHALL MEETING OF COCONUT 2/12/87 GROVE CHAMBER OF COMMERCE AND A WALK THROUGH THE COCONUT GROVE BUSINESS DISTRICT. 73. DISCUSSION CONCERNING SPANOL DISCUSSION 148-150 COMMUNICATIONS' ALLEGED VIOLATIONS 2/12/87 OF AGREEMENT WITH CABLEVISION. 74. DISCUSSION OF SUPPORT FOR RETENTION DISCUSSION 151-153 AND DEVELOPMENT OF THE MIAMI DESIGN 2/12/87 DISTRICT. 75. (A) TWO WEEK EXTENSION FOR PAYMENT M-87-183 153-156 OF CITY SERVICES BY CARNAVAL MIAMI. M-87-184 (B) PERMIT AMUSEMENT PARK OF 8TH 2/12/87 STREET FOR CARNAVAL MIAMI. 76. CITY SERVICES FOR UNLIMITED REGATTA M-87-185 157 FOR FREE. 2/12/87 77. DISCUSSION OF RALPH AARON'S DISCUSSION 158-161 CONCERNS REGARDING OUTDOOR LIGTHING 2/12/87 STANDARDS. 78. DENY APPLICATION MADE BY KRASSI M-87-186 161 IVANOV FOR ONE YEAR PILOT PROJECT 2/12/87 OF TENNIS FACILITIES. 79. DISCUSSION CONCERNING MISS DISCUSSION 162-165 COLLEGIATE BLACK AMERICAN PAGEANT. 2/12/87 80. DISCUSSION CONCERNING NEWS MEDIA DISCUSSION 165-169 PURCHASE OF TRANSMITTERS AND RENTAL 2/12/87 OF SPACE FOR THEIR PLACEMENT. 81. DISCUSSION CONCERNING OCCUPATIONAL DISCUSSION 169-170 LICENSES. 2/12/87 82. (A) LONG DISCUSSION OF ALLEGED DISCUSSION 171-212 DISCRIMINATION IN THE CITY FIRE M-87-187 DEPARTMENT; (B) REQUEST M-87-188 INVESTIGATION BY THE U.S. JUSTICE M-87-189 DEPARTMENT OF FIRE DEPARTMENT'S 2/12/87 ALLEGATION; (C) RECONSIDERATION OF U.S. JUSTICE DEPARTMENT'S INVESTIGATION; (D) CONTINUE PUBLIC HEARING TO DISCUSS ALLEGED DISCRIMINATION IN THE MIAMI FIRE DEPARTMENT TO FEBRUARY 26TH MEETING. (SEE LABEL #89) 83. EMERGENCY ORDINANCE: INCREASE ORDINANCE 212-219 APPROPRIATIONS TO FUND PURCHASE OF 10220 165 POLICE PURSUIT VEHICLES AND 38 2/12/87 COMPACT VEHICLES. 84. ACCEPT BID OF RAINBOW DODGE FOR 165 R-87-190 219-220 POLICE PURSUIT VEHICLES AND 38 2/12/87 POLICE PATROL VEHICLES FROM REGENCY DODGE, INC. $5. AMEND EXISTING EASEMENT OF AIR R-87-191 221 RIGHTS AT 155 S. MIAMI AVENUE 2/12/87 (TIRnv WIT Tn C PROPERTY) 86. INCREASE CONTRACT OF MET R-87-192 222 CONSTRUCTION FOR ORANGE BOWL JOINT 2/12/87 REPLACEMENT. 87. EMERGENCY ORDINANCE: ESTABLISH NEW ORDINANCE 223-224 CAPITAL IMPROVEMENT PROJECT: 10221 "ORANGE BOWL - ADDITIONAL PRESS BOX 2/12/87 FACILITIES;" APPROPRIATE FUNDS FOR SAID PROJECT. Be. ACCEPT BID: C.O.B.A.D. R-87-193 224 CONSTRUCTION CORPORATION FOR ORANGE 2/12/87 BOWL PRESS BOX. 89. BRIEF COMMENTS OF CLARIFICATION BY DISCUSSION 225 DON TEEMS CONCERNING ALLEGED 2/12/87 DISCRIMINATION IN FIRE DEPARTMENT. (SEE LABEL #82) 90. GRANT REQUEST FROM MUNICIPALITIES M-87-194 225-226 TRUST FUND CORPORATION TO FIND A 2/12/87 SITE FOR "CASA 87." MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 12th day of February, 1987, 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 Xavier Suarez with the following members of the Commission found to be present: ABSENT: ALSO PRESENT: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez Commissioner Joe Carollo Cesar Odio, City Manager Lucia Allen Dougherty, City Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk An invocation was delivered by Commissioner Rosario Kennedy, and Vice - Mayor J. L. Plummer, Jr., then led those present in a pledge of allegiance to the flag. --------------------------------------------------------- 1. CERTIFICATE OF APPRECIATION TO CUBAN MUNICIPALITIES. A Certificate of Appreciation was presented to Humberto Llera for his contribution to the youth of our community and the Cuban municipalities in exile. ------------------------------------------------------------------------------ NOTE FOR THE RECORD: Minutes of the September 25, 1986 meeting were approved. ------------------------------------------------------------------------------ 1 February 12, 1987 ------------------------------------------------ - --------- - ---------- 2. EMERGENCY ORDINANCE: ESTABLISH ANNUAL COMMERCIAL GARBAGE COLLECTION AND DISPOSAL FEES. ------------------------------------------------------------------------------ Mayor Suarez: OK, Item 1, specially scheduled item. Mr. Odio: Mr. Mayor. Mayor Suarez: Yes, Mr. City Manager. Mr. Odio: We just want to discuss the part where we need some fees, so we can compete for some commercial business. The Department of Solid Waste would like to compete, if we can just take that part up. Mayor Suarez: We would be establishing the basic fee schedule for... Mr. Odio: Basic fee schedule, so we can go out and solicit work from the private sector. Mayor Suarez: We've been waiting to do that for some months. Samit? Mr. Samit Roy: Yes, Mr. Mayor, members of the Commission, two meetings back, we were requested to develop a fee structure, whereby we could actively pursue the commercial garbage collection, and what you have before you is our fee structure and the rates, to address that, and it is very competitive; it's cheaper than what most private haulers charge. Mrs. Kennedy: Samit, when you and I met, the day before yesterday, you talked about a $6,000,000 deficit. The Manager, last night, pointed out that was $11,000,000. Which is the correct figure, and how are you going to make up the difference, since this will be bringing in only $3,000,000. Mr. Odio: That's why we're trying to develop these fees, so we can go out and solicit new work, so that we can bring more revenues to the department, without having to raise the fees to the homeowners in the City of Miami. Mrs. Kennedy: But you still haven't answered my question. Mr. Odio: How are we going to make it up? This is the first step: we need to go out and solicit more work. Mr. Roy: The $11,000,000 is the difference between the collection and the budget of the Department of Solid Waste. The $6,000,000 represents the amount that we hope to... we anticipate collecting through the new trash ordinance, that was passed some time back. The balance, as Mr. Manager has pointed out, we hope to generate through getting new businesses to use City services. Mr. Plummer: Are you, this morning, then, as I understand it, asking only for the commercial aspect of one fifty? Mr. Roy: No,... Mr. Plummer: You're not applying it to the condominiums or the others? Mr. Roy: What we're asking you this morning is to just approve the rates, which are not mandatory. The rates are for commercial establishments that want to use our service; we can charge them that rate, if they want to... Mr. Plummer: I thought we had previously approved that? Mr. Roy: No, Commissioner, this was not approved. What you had approved previously was a $150 trash fee. Mrs. Kennedy: The $150, yes. Mr. Plummer: So it's on a voluntary basis. Mr. Roy: This is on a voluntary basis. 2 February 12, 1987 Mr. Plummer: Fine. Mr. Odio: Yes, we go out and Mr. Plummer: Fine. Mr. Odio: If they want to use us, fine, this is the rate. If they don't... Mrs. Kennedy: You're adjusting the private collection fee. Mr. Roy: That's correct. Mrs. Kennedy: I so move. Mr. Plummer: Second. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. Or read the ordinance. ------------------------------------------------------------------------------ NOTE FOR THE RECORD: At this point the City Attorney read an ordinance by title into the public record, regarding annual commercial trash collection and street cleaning fees. The correct ordinance was thereafter read into the record, as recorded hereinbelow. ------------------------------------------------------------------------------ Mayor Suarez: Call the roll. Mr. Dawkins: Mr. Mayor, Mr. Mayor. Mayor Suarez: Commissioner Dawkins? OK. Mr. Dawkins: Under discussion. This has to come back to be refined, is that right? What I'm saying is, this isn't written in stone. Mr. Roy: For the time being, this is the rate that we propose charging the commercial... Mr. Dawkins: OK, if a guy has four units, and you're charging him $150, and I've got 20 units, how are you going to charge me $150? Mr. Roy: Commissioner, that's not what is on the ordinance. The ordinance, essentially, is for garbage pickup from commercial establishments, and it's a rate per cubic yard... Mr. Dawkins: Commercial... well, but what is a condominium - is that commercial, or is that noncommercial? Mr. Roy: That's... Mr. Dawkins: OK, we're going to pass... this is what - this is first reading? Mr. Roy: Yeah, it's... Mr. Odio: No, this is an emergency ordinance. Mr. Plummer: No, it's an emergency. Mr. Odio: Commissioner, let me... Mr. Dawkins: OK, let it go, let it go. Mr. Odio: OK. Mr. Dawkins: OK, no problem, Mr. Mayor, call the roll. I'll get back to you guys. 3 February 12, 1987 NOTE FOR THE RECORD: At this point, the City Clerk cAl?ee *he roll on the ordinance concerning annual commercial trash collection and street cleaning fees, as read by the City Attorney. ------------------------------------------------------------------------------ Mayor Suarez: One more time, to clarify, we are not passing, at this point, what would be mandatorily imposed on all the establishments, even if they don't use the City service. We're not passing it at this point. Mr. Roy: That's correct. Mayor Suarez: OK. We have another shot at that fee, or imposition, or assessment, whatever we call it. We're setting the rates so that we can go out and compete for commercial contracts, and I guess if we are not able to compete, you'll see them coming back and proposing different rates. Bill..... Mr. Bill Smith: My only... Bill Smith, Mr. Mayor. My only question is, condominiums, large apartment houses, those are commercial accounts, and if you're going to establish commercial rates, they fall under those commercial rates, and if I have a 300-unit apartment house, and these rates are based on so much, or should I be able to sit there and say, "Well, I got a 300-unit apartment; I need five garbage bins. I can negotiate a contract with the City for that service." Once you set a rate, you're going to still allow the private company to come in and say, "Well, the City's going to do it for $10,000 - I'll do it for $8,000." Mayor• Suarez: "We're going to beat it," yeah. Mr. Smith: You're going to still lose. Mayor Suarez: How about that, Samit how are we going to compete against, maybe not a 300-unit, because we don't have that many, but, let's say, an 80- unit, or a 50-unit complex? Mr. Roy: Mr. Mayor, the commercial... the garbage fee for apartments are already set, and they have been set for some time, which is $80 a year. Mayor Suarez: And those are not very competitive, as you know. Mr. Smith: No. Mr. Roy: I know. The residential rates are... UNIDENTIFIED SPEAKER (OFF MIKE): They're very cheap. Mr. Roy: It's $80 a year for all apartment units, and that rate has been set for some time. Mayor Suarez: OK, when are you going to get us a competitive rate for those? Or we're not? Mr. Roy: At this time, we are not looking at the residential cost at all, of the fees at all. Mayor Suarez: Even though that's also optional to them. They can go to the private sector and get a company to pick up... Mr. Roy: That's right; that's correct. Mayor Suarez: Why are we not competing for those? That's what Bill is asking - coming up with competitive rates for multi -family apartments. Mr. Roy: Because the ordinance that has set the rates for the residential collection also has set the rate for apartments, and that has been set for several years. Mayor Suarez: Well, how about bringing us back some modification of that ordinance, so that we can compete for those? 4 February 12, 1987 Mr. Roy: Fine, we can... Mr. Odio: What if... Mr. Roy: We can re-evaluate that and bring it back. Mayor Suarez: For residential, multi-... Mr. Odio: Why don't we look at apartment buildings separate from commercial and homeowners? Mayor Suarez: As Bill says, that's commercial too, in a sense, but what we need to do is come up with a fee schedule so we can compete for those, too. Mr. Roy: Fine, we'll do that. Mayor Suarez: We're losing out on all of them. There's economies of scale in picking up garbage from 30 or 40 or 50 units, or 300 units, as Bill suggested. Mr. Odio: We'll bring it in for the next meeting, just for the commercial and... Mr. Dawkins: Don't take six months, like you did with... Mayor Suarez: Yeah, please, I mean, we thought... Mr. Odio: No, sir, no - we're ready to go on that. Mr. Dawkins: Ok, thank you. Mayor Suarez: At least we're going to compete for commercial, but we'll be competing for multi. Madame City Attorney? Mrs. Dougherty: Mr. Mayor, the ordinance in your package is not the one that was distributed to you this week, so let me read the title again. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE ESTABLISHING ANNUAL COMMERCIAL GARBAGE COLLECTION AND DISPOSAL FEES FOR USERS OF CITY COMMERCIAL GARBAGE SERVICES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN THE CITY CODE. Was introduced by Commissioner Kennedy and seconded by Commissioner Plummer, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Whereupon the Commission on motion of Commissioner Kennedy and seconded by Commissioner Plummer, adopted said ordinance by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10214. 5 February 12, 1987 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. 3. ALLOCATE $10,000 FOR THE CONFERENCE ON NEGRITUDE, ETHNICITY AND AFRO CULTURES. (ALSO SEE LABEL #7) Mr. Dawkins: Mr. Mayor, we have a conference that's coming here, and there's a need for help. And I beg the pardon of my fellow Commissioners - I tried to explain that things must go to the Manager, but the gentleman wanted to make his plea, and as a citizen, we'll give him that privilege - I doubt it - and we'll see how successful he'll be by getting it by the Manager, instead of to the Manager, as we usually do. Go right ahead, sir, state your name and... Dr. Carlos Moore: My name is Carlos Moore, visiting professor at Florida International University, and conference convener - convener of the Conference on Negritude, Ethnicity and Afro Cultures in the Americas. Honorable Mayor, Honorable Commissioners, first of all, I would like to thank you very much for these few minutes that you are affording us to present our case. I would like to introduce, first of all, our chairman of the Department of Sociology and Anthropology, Lisandro Perez - Professor Lisandro Perez, who is representing the president here, this morning, and the university, as well as Dr. Tanya Hamilton, who is Associate Dean for International Affairs of the University, and coordinator of the conference, and Miss Francena Thomas, who is our communications and community liaisons person for the conference and the university. Honorable Mayor and Commissioners, I know that you have before you a request, and that you also have a file, a detailed file, on what our conference is. We're here today to present a special request, or defend the special request, which we know has the support already of the Mayor himself, who has manifested this support, either to our president, and to other people who are working with us, and we also know that we have the support of Commissioner Plummer and of Commissioner Dawkins, and Commissioner Kennedy. From the very beginning, we had the support of Commissioner Dawkins, who enthusiastically endorsed our conference, and it was because of this support that we were able to move ahead. However, the conference has been so successful in attracting to this City prominent personalities - the most prominent personalities of the Black world, such as President Leopold Setta Sengora of Senegal, and, of course, the eminent man of letters, Aime Cesaire, of Martinique, the new Nobel Prize winner, the first Black Nobel Prize, Wally Seyinka from Nigeria, Alex Haley - all of these people will be coming here, to this City, along with 500 other prominent, the most prominent, intellectuals and specialists on the questions of race relations. We thought that this topic, of race relations, was particularly relevant to this City, and we felt that this City would afford us the support that we needed. Before going any further, I would like to read to you a letter that Senator Meek handed to me yesterday, and asked me to read to you. From Senator Meek, February 11: "The Honorable City Commission - Dear City Commissioners: 'When the City Commission convenes, I will be away at a 'Legislative Fly - In' in Orlando, Florida. Because of my interest in Florida International University's conference, I have asked Dr. Carlos Moore to read this letter to you. 'Please be informed that I am in support of Florida International University's request for City funds to support their conference on Negritude and Ethnicity. My office is lending whatever service we can to this outstanding effort. Dr. Carlos Moore -and conference coordinators at Florida International University have put together the most outstanding array of Black intellectuals in the world and it is most important..." Mayor Suarez: Doctor, let me ask you a question, because we don't have that letter, but we'll introduce it into the record - how much is the State going to contribute to the conference? Dr. Moore: Honorable Mayor, we are... 6 February 12, 1987 Mayor Suarez: From their $18,000,000,000 budget? Dr. Moore: No, Mayor, we are not asking for $18,000,000... Mayor Suarez: No, no, no - from the State's $18,000,000,000 budget - that's what I keep hearing they're going to... the Governor's going to present. Dr. Moore: The Florida Arts Council has given us $10,000. Mr. Plummer: The State of Florida, what has the State of Florida given? Dr. Moore: The State of Florida? The person who is... we have... Mayor Suarez: Yeah, the Arts Council... Dr. Moore: The person who deals directly with the... Mayor Suarez: ... is from the State; that's where they get their funding. Dr. Moore: ... with figures, is Dr. Hamilton. Dr. Tanya Hamilton: As we say in the package that we've given to you, Florida International University is providing $20,000 in cash, plus in -kind contributions of its staff and personnel... Mayor Suarez: Is Miami -Dade contributing, or participating? Dr. Hamilton: The Dade County... Mayor Suarez: Miami -Dade Community College. Dr. Hamilton: No. Well, they're participating, but they're not giving us funds. The Dade County Council of Arts and Sci... Mayor Suarez: I've got to hear Commissioner Dawkins explain why Miami -Dade is not going to... Dr. Hamilton: ... Sciences is giving us $25,000. Mrs. Kennedy: Have you asked them for funds? Dr. Hamilton: Well, we've asked them to give us in -kind services, because they're like F.I.U., in terms of money. We've asked them to help us with the videotaping, and things of that sort. Mr. Dawkins: I was in this from the very beginning. I explained to Dr. Carlos Moore that this is a F.I.U.-sponsored activity, and you see nobody's name on there but F.I.U. Dr. Moore: And Florida Memorial, Honorable Commissioner. Mr. Dawkins: All right, well, OK, wait... OK. Dr. Moore: And Florida Memorial. Mr. Dawkins: Go ahead. Dr. Moore: College. Mr. Dawkins: Yeah, OK - are you all finished? Florida Memorial - they need more help than you do! Dr. Moore: I beg your pardon? Mr. Dawkins: They need more help than... I mean, let's get some money for them. But I also told them, and I will tell you now, as I told you before: you put on the conference, and in the event that there's a deficit, you've got my support here. I will get money, sir, to help you with a deficit. Dr. Moore: Honorable Commissioner, we have a deficit right now. 7 February 12, 1987 Mr. Dawkins: But I cannot, I cannot in good faith - I mean, I told you - OK? - but you said you wanted to come here and present your case, OK? Dr. Moore: I did say so. Mr. Dawkins: All right, so, now, we're going to hear you. But I have to tell you, you know, what we're going to do this morning, all we're going to do is refer this to the Manager, like I tried to tell you, for the Manager to bring it back to us. I think. And the Manager, you know - and you're not getting it, see, because that's the procedure. Things should have to go to the Manager, and the Manager make a recommendation, and we react to the recommendation. Dr. Moore: Well, are you... Mr. Dawkins: No, but if you can make a strong enough plea, maybe they'll bypass the Manager; that's what I was hoping. OK? But I don't think that's going to happen. Dr. Moore: Well, are you expect... what do you expect of me, Commissioner? Mr. Dawkins: Just what you're doing - present your case... Dr. Moore: Yeah. Well, what I'm trying to say... Mr. Dawkins: ... to all of us, see, because I've only got one vote. Dr. Moore: Right. What I'm trying to say is that, first of all, Senator Meek asked me to read that letter. Mayor Suarez: That letter is ordered into the record, and we take note of her comments and recommendations. Dr. Moore: All right, so what I'm saying to you, what I'm trying to say to you, is that the success of this conference has put us in the red of $50,000. Mr. Dawkins: See, but the conference cannot be successful, doctor, until we've got the money to put it on with. See? Dr. Moore: The conference is already a success internationally, I mean, because the name of Miami... Mr. Dawkins: OK, OK, I'm sorry. Dr. Moore: ... is already in the press, internationally. Mr. Dawkins: Let us hear from... will you let... Dr. Moore: I'll let... Mayor Suarez: Let me say one thing, Francena, and before you lose momentum here. Commissioner Dawkins expressed, I think, a very interesting idea: that depending on your deficit, we would review it and cover it. I want to put a figure on that, because it doesn't make much sense to tell you that we would help you cover the deficit unless we put a figure, and I would be willing to go as high as the State's Art Council, and make a motion that we fund you up to $10,000, and I'm ready to do it before the fact, but if the Commission wants to do it after the fact, that's fine with me, too. Mr. Dawkins: No, no, no, no, you make the motion. If you get a second, I'll go with it. Wait a minute. Mrs. Kennedy: Well, let me second, and... Mr. Dawkins: Let it go while you've got momentum; leave it alone while you've got momentum. Let it go. Mrs. Kennedy: ... under discussion. The conference takes place on February 26, so if you need the money before, if we refer it to the Manager, we won't have time to review ft. So. I'm going to second that motion, based on that; I think it's a great thing for the City of Miami. 8 February 12, 1987 Ms. Francena Thomas: Let me... let me... Mr. Dawkins: Leave it alonei Go ahead, carry your motion, Mr. Mayor. Mayor Suarez: OK, I'll repeat the motion, with the condition that it come back after the conference is over, to determine what the deficit is. It's simply a $10,000 allocation from City of Miami, to participate in the conference. Mr. Dawkins: That's before, or after - I thought you said "after," now... you said "before." Mr. Plummer: Not to exceed. Mayor Suarez: Not to exceed. Mr. Dawkins: You said "before," or "after"? Mr. Plummer: After. Mr. Dawkins: OK, all right, now... Mr. Plummer: That's what he said. Mr. Dawkins: ... now let's hear from Francena, on discussion on the motion. Ms. Thomas: Yes. Let me just say this... first of all, good morning. I want to... I am Francena Thomas; I live in Miami, at 1499 Northwest 74th Street. I work at Florida... Mayor Suarez: You're not compensated for your appearance here today? Ms. Thomas: No more than by the University. The University will pay for this day. However, let me just say, gentlemen, and Mrs. Kennedy, that what we present to you today is an idea that's pregnant with opportunity, and I think that the City of Miami, whether we've had money from Dade or anyone else, we think you need to be in the forefront of helping us get this done, because this is a worldwide enterprise, and worldwide opportunity, and your name is out there. Miami is out there, as much as F.I.U., so when we say that only F.I.U. 's name is on as a sponsor at this moment, that may be true, but when we... Mayor Suarez: How about that - how about making it the Miami-F.I.U. or F.I.U.-Miami Negritude Conference? Is that a possibility? Ms. Thomas: I think that we can have a - have.... Mayor Suarez: Because we usually, when we adopt a program such as this,... Ms. Thomas: ... cosponsors - we do have cosponsors. Mayor Suarez: ... we make sure that our name is... Ms. Thomas: We do have cosponsors; however, I am concerned about $10,000, when our need is $25,000. I do not want to pretend that $10,000 is good. We would be grateful for your help, but we do know that that is not what... our need is really $25,000 at this point. Mayor Suarez: But you understand that our usual procedure is that we refer it to the City Manager, and we get a recommendation from him, and in this case, we're circumventing all that, and going ahead and appropriating up to $10,000 - without even knowing if the money is available - he would have to find it somewhere. Mrs. Kennedy: And you have a very good chance that the answer is in the negative. Ms. Thomas: That the money is not available? Are you saying that we may... Mrs. Kennedy: When the Manager comes with his recommendation, it's going to be very likely that he's going to recommend against it. 9 February 12, 1987 Mr. Plummer: What she's saying is, Francena, take the ten and run. Ms. Thomas: No, what I'm saying is, she's saying to me that the ten won't even be there. Mr. Plummer: No, that's not what she said. Mayor Suarez: No, we're... we tell him... Mr. Plummer: The motion says that we're going to fund you up to $10,000... not to exceed $10,000, if there's a loss. Now, you say $10,000 doesn't seem like much - the Manager keeps telling us there's no money there at all, so ten is a big figure. Ms. Thomas: OK. Mayor Suarez: Like, he may have to fire somebody, if he can't find the $10,000, so we can... Ms. Thomas: OK. All I'm saying is that this is too... Mayor Suarez: Or reduce Wally Lee's salary by $10,000, that's another way of doing it. Ms. Thomas: Well, we know with all these high -paid people down here that we've heard about, that... Mr. Plummer: Hell, that's only two days. Ms. Thomas: Listen, I'm just going to say one thing, gentlemen. Mayor Suarez: We've gotta pick on Wally - he's only been around here for a little while. Ms. Thomas: Mayor, and Mr. Plummer, I'm only going to say this: that I would be unhap... I would be terribly upset if I did not know that Miami, the City of Miami, was as much a part of this thing on ethnicity and negritude as is University of F.I.U.... as F.I.U. is, because it is the first time that a conference of this magnitude has been put on at any American university, and certainly the first time an event of this magnitude has been put on that relates to this issue, in Miami. And with the tensions we have, we really need to do things that will pull us together, instead of coming apart, and I'd like to see us be a part of that. Mayor Suarez: And I presume you can count on us, by the way, for helping obtaining funds from the private sector. I see David Weaver down there, ready to make his contribution. Yes, sir - doctor? Dr. Moore: Mr. Mayor, please allow me to... some little comments. I just came back from a wide trip, in Europe and in Af rica, to invite a certain n1imber of prestigious personalities here, and let me tell you the truth, is that wherever I went - and I'm being perfectly honest - either in France, or in the Caribbean, or in Africa, the concern of those people who were being invited was a concern about security, whether they will be safe in Miami, because the opinion they have of Miami is that Miami is a dangerous place, for several reasons: politically dangerous, dangerous in terms of criminality, dangerous in every way. And I had to face this barrier every time I went anywhere. I feel that this conference is the occasion to provide this City with an entirely new image. Mr. Plummer: How many people are coming to this conference? Dr. Moore: Five hundred people. Mr. Plummer: Did you apply to the T.I.C. for money? It is a convention. It's a conference and convention. They have money. Dr. Moore: Well, this is something which only the person who is involved in... Mr. Plummer: Hah? 10 February 12, 1987 Ms. Thomas (OFF MIKE): The Tourist Board. Mr. Plummer: Yeah? Ms. Thomas (OFF MIKE): (INAUDIBLE COMMENT) Mr. Plummer: Well, they've got a $600,000 surplus. Mayor Suarez: What the Commissioner is saying, in effect, is that along with the other barriers that you're overcoming, you're overcoming all the procedural barriers that we can think of, that we usually do not allow... Ms. Thomas (OFF MIKE): Can we take your endorsement to the Tourist Board - will you support us there? NOTE FOR THE RECORD: Commissioner Joe Carollo entered the meeting at 9:29 A.M. Mayor Suarez: Absolutely. Mr. Plummer: Sure. Mayor Suarez: I'll build that into my motion. And we've had some major battles with them, as you know. They've got about a $5.8 million dollar budget, and you would hope that they would sponsor this kind of convention. OK, we have a mo... Mr. Plummer: And that's what they're about. Mayor Suarez: We have a motion and a second. Mrs. Kennedy: Yes, we do. Mayor Suarez: That's what they're about, exactly, as Commissioner Plummer says. Any further discussion? Call the roll. Mr. Carollo (OFF MIKE): What is the motion amount? Mayor Suarez: It's up to $10,000. Mr. Carollo (OFF MIKE): You were asking, Francena for $25,000? Ms. Thomas (OFF MIKE): Sir? Mr. Carollo (OFF MIKE): You were asking for $25,000? Ms. Thomas (OFF MIKE): Yes, sir. Mr. Carollo (OFF MIKE): Do you have any chance of getting the rest of the money from anywhere else? Ms. Thomas (OFF MIKE): At this point, we have none. They suggested the Tourist Mayor Suarez: It's really the Greater Miami Visitors and Convention Bureau now. Ms. Thomas (OFF MIKE): Visitors and Convention Bureau. I , but the chances are there, but we do have a serious deficit at this point of the procedures. Mr. Carollo: Well, let me say this to you. You go see them, and try your best, but if you can't get the money from them, come back here, and I'll be willing to make a motion for the rest of the money. Ms. Thomas (OFF MIKE): OK. We here are two weeks away from the date of the conference. Now, that means that after we'll have some post -conference money, that will come from you, maybe in the amount still in deficit... 11 February 12, 1987 Mayor Suarez: 'That's what the Commissioner has expressed, but let's wait till that moment. Ms. Thomas (OFF MIKE): All right. Mr. Carollo: Mr. Manager, can you make sure that a check is written out to them as soon as possible. Mayor Suarez: Call the roll. The following resolution was introduced by Mayor Suarez, who moved its adoption: RESOLUTION NO. 87-117 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $10,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, IN SUPPORT OF THE FLORIDA INTERNATIONAL UNIVERSITY CONFERENCE ON NEGRITUDE, ETHNICITY AND AFRO CULTURES IN THE AMERICAS, TO BE HELD FEBRUARY 26-28, 1987; SAID ALLOCATION BEING CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH CITY OF MIAMI ADMINISTRATIVE POLICY NO. APM-1-84, DATED JANUARY 24, 1984. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: We have the Consent Agenda, comprised of Items 2 through 32. Mr. Plummer: Mr. Mayor, I'd like to pull Item 7, 21, 22, and 30. Mrs. Kennedy: I'd like to pull out 10 and 11. Mr. Dawkins: Pull 3 and 12. Mayor Suarez: You said... Commissioner Plummer, you said 7, 21, 22? Mr. Plummer: And 30. Mayor Suarez: I want to pull out 24. 4. PROCLAMATION OF ST. PATRICK'S DAY. ------------------------------------------------------------------------------ Mayor Suarez: While we consider other items to be pulled out, would the Emerald Society, St. Patrick's sponsors, come up, please. The green that I wore today is not as colorful as yours. The proclamation reads, in part: "Whereas, every year the Irish residents of our community join together to organize the traditional St. Patrick's Day events, including a parade and festival," (OFF MIKE): How, exactly, is it - do you expect me to ride in this parade now - on top of an elephant, somebody said? UNIDENTIFIED SPEAKER (OFF MIKE): No, not an elephant. We're going to have a little leprechaun carry you. 12 February 12, 1987 Mayor Suarez: OK. "Whereas, this year, for the ninth consecutive year, in Miami, St. Patrick's Day Parade and Festival will take place on Saturday, March 14th; Now, therefore, I. Xavier L. Suarez, Mayor of the City of Miami, joined by the Commission, do hereby proclaim Tuesday, March 17th, 1987, as St. Patrick's Day." We want all the official religious organs to take notice of the fact that it is "Saint" Patrick's Day. UNIDENTIFIED SPEAKER: (Laughing) That's right. Mr. Plummer: Now we'll have a lawsuit from the A.C.L.U. Mrs. Kennedy: Where is our illustrious photographer, now? Mayor Suarez: No photographer? Last call for photographer. He's gone, huh? He waited a while, I guess. ------------------------------------------------------------------------------ 5. CONSENT AGENDA ----------------- ------------------------------------------------------------ Mayor Suarez: Any other items, Commissioners, to pull out of the Consent Agenda? Mr. Dawkins: Thirteen and fourteen. Mayor Suarez: What's that, Commissioner? Mr. Dawkins: Pull thirteen and fourteen. Mayor Suarez: OK, Items 2 through 32 will be adopted, and I'll entertain a motion to that effect, with the exception of Items 3, 7, 10, 11, 12, 13, 14, 15, 21, 22, 24, and 30. Mrs. Kennedy: So moved. Mr. Plummer: Second. Mayor Suarez: Moved and seconded. Is there anyone in the audience that wishes to be heard for or against one of the items from 2 to 32, except for the ones... I pulled 24, Ralph. Mr. Carollo: OK, if you could hold on another 30 seconds, please? Mayor Suarez: Yes, Commissioner. Mr. Carollo: If we could pull 26 out, please. Mayor Suarez: Twenty-six is pulled out. Mr. Plummer: I'll put you on notice now, I must leave here exactly at 12:00 - I've got to meet with the family at 12:30. Mr. Carollo: All right. Mayor Suarez: OK, once again, to be clear: the Commission is going to adopt Items 2 through 32, with the exceptions of Items 3,... Mr. Carollo: If we could pull out 32 also; I'd like to take that by itself. Mayor Suarez: OK, 3, 7, 10, 11, 12, 13, 14, 15, 21, 22, 24, 26, 30, and 32. With those exceptions, is there anyone that wishes to be heard for or against the items in the Consent Agenda? Let the record reflect that no one stepped forward. I'll entertain a motion... or do we have a motion and a second already? We do. Mrs. Kennedy: I moved. Mayor Suarez: OK. Any further discussion? Call the roll. 13 February 12, 1987 Thereupon, the City Commission on motion introduced by Commissioner Kennedy, seconded by Vice -Mayor Plummer, adopted the following resolutions by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 5.1 APPROVE PAYMENT FOR MECHANICAL SYSTEMS ANALYSIS ASSOCIATES. RESOLUTION NO. 87-118 A RESOLUTION APPROVING THE PAYMENT FOR SERVICES RENDERED FROM MECHANICAL SYSTEMS ANALYSIS ASSOCIATES, INC. FOR THE DEPARTMENT OF POLICE AT A TOTAL COST OF $5,491.48; ALLOCATING FUNDS THEREFOR FROM 1986-1987 GENERAL FUND OPERATING BUDGET. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 5.2 CONFIRM NOMINATION OF ARTHUR HERTZ TO OFF-STREET PARKING BOARD. RESOLUTION NO. 87-119 A RESOLUTION CONFIRMING THE NOMINATION OF MR. ARTHUR HERTZ, TO THE OFF-STREET PARKING BOARD OF THE CITY OF MIAMI FOR A TERM EXPIRING ON DECEMBER 2, 1987. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 5.3 BILL DE LA SIERRA TO SERVE AS MAYOR'S LIAISON IN AD HOCK MINORITY ADVISORY COMMITTEE FOR MIAMI ARENA; FURTHER APPOINTING COMMISSIONER DAWKINS AS CHAIRMAN OF SAID COMMITTEE. RESOLUTION NO. 87-120 A RESOLUTION APPROVING THE DESIGNATION OF BILL DE LA SIERRA TO SERVE AS THE MAYOR'S LIAISON IN A NON- VOTING CAPACITY TO THE AD HOC MINORITY ADVISORY COMMITTEE; APPOINTING COMMISSIONER MILLER J. DAWKINS TO SERVE AS A VOTING MEMBER ON SAID COMMITTEE FILLING THE VACANCY WHICH HAS RESULTED FROM THE ABOVE DESIGNATION OF BILL DE LA SIERRA; FURTHER DESIGNATING COMMISSIONER MILLER J. DAWKINS AS THE CHAIRPERSON OF SAID COMMITTEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 14 February 12, 1987 5.4 ACCEPT BID: AMMUNITION RELOADERS, LAWMEN AND SHOOTERS SUPPLY, OAKS WHOLESALE, AND SOUTHERN GUN AND TACKLE FOR AMMUNITION SUPPLIES. RESOLUTION NO. 87-121 A RESOLUTION ACCEPTING THE BIDS OF AMMUNITION RELOADERS AT A PROPOSED COST OF $24,205.00, LAWMEN AND SHOOTERS SUPPLY AT A PROPOSED COST OF $20,873.00, OAKS WHOLESALE AT A PROPOSED COST OF $9,893.00 AND SOUTHERN GUN & TACKLE AT A PROPOSED COST OF $500.00 FOR FURNISHING AMMUNITION SUPPLIES ON A CONTRACT BASIS FOR ONE (1) YEAR RENEWABLE ANNUALLY TO THE DEPARTMENT OF POLICE AT A TOTAL ESTIMATED FIRST YEAR COST OF $55,471.00; ALLOCATING FUNDS THEREFOR FROM THE 1986-87 OPERATING BUDGET, ACCOUNT NUMBER 290201-703; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THESE MATERIALS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 5.5 ACCEPT BID: CENTRAL ELEVATOR TO REPAIR ONE ELEVATOR. RESOLUTION NO. 87-122 A RESOLUTION ACCEPTING THE BID OF CENTRAL ELEVATOR CO., INC. FOR FURNISHING SERVICES TO REPAIR ONE (1) ELEVATOR AT THE ADMINISTRATION BUILDING TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AT A TOTAL PROPOSED COST OF $14,549.00; ALLOCATING FUNDS THEREFOR FROM THE 1986-87 OPERATING BUDGET, ACCOUNT NUMBER 420401-670; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 5.6 RESCIND AWARD TO JUELLE, INC. AND ACCEPT TREE MASTERS INC. FOR DEMOLITION SERVICES. RESOLUTION NO. 87-123 A RESOLUTION RESCINDING THE AWARD TO JUELLE, INC., DUE TO THE FACT THAT THE BUILDING AWARDED TO THEM FOR DEMOLITION HAD TO BE DEMOLISHED IMMEDIATELY AND THEY HAD NOT PROVIDED THE CITY WITH PROOF OF INSURANCE REQUIRED BY THE CITY FOR FURNISHING DEMOLITION SERVICES AT THAT TIME; FURTHER ACCEPTING THE BID FROM TREE MASTERS, INC., THE SECOND LOWEST RESPONSIBLE AND RESPONSIVE BIDDER, AT A TOTAL PROPOSED COST OF $28,727.00, USING FUNDS THEREFOR PREVIOUSLY ALLOCATED UNDER RESOLUTION NO. 86-979 ADOPTED DECEMBER 11, 1986 FROM THE COMMUNITY DEVELOPMENT PROGRAM WITH RECOVERY BY NORMAL LIEN HOLDING PROCEEDINGS; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 15 February 12, 1987 5.7 TWO-YEAR CONTRACT WITH PEOPLES NATIONAL BANK OF COMMERCE AND TOTALBANK FOR SPECIAL DEPOSITORY ACCOUNTS. RESOLUTION NO. 87-124 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO CONTRACTS FOR A TWO-YEAR PERIOD WITH PEOPLES NATIONAL BANK OF COMMERCE, AND TOTALBANK, FOR ESTABLISHING SPECIAL DEPOSITORY ACCOUNTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 5.8 ACCEPT GRANT FROM DADE COUNTY COUNCIL OF ARTS AND SCIENCES TO SPONSOR DANCE PERFORMANCES. RESOLUTION NO. 87-125 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT FROM THE DADE COUNTY COUNCIL OF ARTS AND SCIENCES FOR THE AMOUNT OF $6,450 TO SPONSOR A SERIES OF DANCE PERFORMANCES; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY CONTRACT(S) AND AGREEMENT(S) IN A FORM ACCEPTABLE TO THE CITY ATTORNEY TO IMPLEMENT THE PROGRAM; AND AUTHORIZING THE ALLOCATION OF ALL NECESSARY FUNDS FOR SAID PROGRAM,UPON THE APPROPRIATION THEREOF. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 5.9 AUTHORIZE TEMPORARY LOAN FROM DOWNTOWN PEOPLE MOVER EXTENSION PROJECT DEPOSIT FOR CONSTRUCTION OF ADDITIONAL PRESS FACILITIES AT ORANGE BOWL. RESOLUTION NO. 87-126 A RESOLUTION AUTHORIZING THE TEMPORARY LOAN OF $850,000 FROM THE DOWNTOWN PEOPLE MOVER EXTENSION PROJECT DEPOSIT, REVENUE PROJECT NO. 371001, TO THE ORANGE BOWL STADIUM - ADDITIONAL PRESS BOX FACILITIES PROJECT, PROJECT NO. 404231, FOR THE PURPOSE OF CONSTRUCTING ADDITIONAL PRESS FACILITIES AT THE ORANGE BOWL; SAID SUM TO BE REPAID WITH INTEREST AT A RATE OF 8.0 PERCENT FROM THE METRO- DADE RESORT TAX IN FY'88 AND FY'89. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 5.10 ACCEPT COMPLETED WORK OF LANZO CONSTRUCTION FOR WAGNER CREEK RENOVATION. RESOLUTION NO. 87-127 A RESOLUTION ACCEPTING THE COMPLETED WORK OF LANZO CONSTRUCTION COMPANY AT A TOTAL COST OF $716,972.67 FOR WAGNER CREEK RENOVATION; AND AUTHORIZING A FINAL PAYMENT OF $18,753.07. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 16 February 12, 1987 5.11 ACCEPT COMPLETED WORK OF MARKS BROTHERS COMPANY FOR DREDGING SLIP 3 OLD PORT OF MIAMI. RESOLUTION NO. 87-128 A RESOLUTION ACCEPTING THE COMPLETED WORK OF MARKS BROTHERS COMPANY AT A TOTAL COST OF $20,000.00 FOR DREDGING - SLIP 3 OLD PORT OF MIAMI (CONTRACT "A") AND AUTHORIZING A FINAL PAYMENT OF $20,000.00. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 5.12 APPROVE MONUMENT IN HONOR OF CUBAN WOMEN POLITICAL PRISONERS IN JOSE MARTI PARK. RESOLUTION NO. 87-129 A RESOLUTION APPROVING THE CONSTRUCTION OF A MONUMENT IN HONOR OF CUBAN WOMEN POLITICAL PRISONERS IN JOSE MARTI PARK BY EL PRESIDIO POLITICO CUBANO DE MUJERES; SUBJECT TO AND CONTINGENT UPON SAID ORGANIZATION PROVIDING ALL FUNDS FOR SAID CONSTRUCTION AND UPON FULL COMPLIANCE WITH ALL APPLICABLE BUILDING REGULATIONS AND PERMITS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 5.13 REIMBURSE THE STATE FOR ACQUISITION OF PROPERTY APPRAISALS OF BARNACLE. RESOLUTION NO. 87-130 A RESOLUTION AUTHORIZING THE CITY MANAGER TO REIMBURSE THE STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES FOR THE ACQUISITION OF TWO REAL PROPERTY APPRAISALS OF THE BARNACLE ADDITION PROPERTY LOCATED AT 3471 MAIN HIGHWAY, MIAMI, FLORIDA IN THE AMOUNT OF $15,000 AVAILABLE FROM THE PROPERTY AND LEASE MANAGEMENT ENTERPRISE FUND, SUBJECT TO AN AGREEMENT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY BETWEEN THE CITY AND THE OWNERS OF THE BARNACLE ADDITION PROPERTY, STIPULATING THAT ACQUISITION OF SAID APPRAISALS NOT PREJUDICE THE PENDING LITIGATION BETWEEN THE PARTIES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 5.14 CLOSURE OF STREETS FOR ARTISTS'DAYS ART FESTIVAL AT VIZCAYA. RESOLUTION NO. 87-131 A RESOLUTION CONCERNING THE 28TH ANNUAL ARTISTS' DAYS ART FESTIVAL TO BE CONDUCTED BY VIZCAYA MUSEUM AND GARDENS, ON FEBRUARY 21 AND 22, 1987 AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES AND THE REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY; CONDITIONED UPON THE ORGANIZERS PAYING FOR NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 17 February 12, 1987 5.15 CLOSURE OF STREETS FOR DESIGNER'S SHOWCASE 187. RESOLUTION NO. 87-132 A RESOLUTION CONCERNING DESIGNER'S SHOWCASE 187 TO BE CONDUCTED BY THE MIAMI DESIGN DISTRICT ASSOCIATION ON MARCH 14, 1981 AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES AND THE REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY; CONDITIONED UPON THE ORGANIZERS PAYING FOR THE NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 5.16 CLOSURE OF STREETS FOR CARNAVAL MIAMI BIKE DASH. RESOLUTION NO. 87-133 A RESOLUTION CONCERNING CARNAVAL MIAMI BIKE DASH TO BE CONDUCTED BY THE KIWANIS CLUB OF LITTLE HAVANA ON MARCH 14, 1987, AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES AND THE REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY; CONDITIONED UPON THE ORGANIZERS PAYING FOR THE COST OF CITY SERVICES ASSOCIATED WITH SAID EVENT BEYOND THE COSTS ALLOCATED BY RESOLUTION NO. 86-1007, ADOPTED DECEMBER 11, 1986. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 5.17 ALLOCATE $12,000 FOR SUNSHINE STATE GOLDEN GLOVES BOXING TOURNAMENT TO COVER FEES FOR COCONUT GROVE EXHIBITION CENTER. RESOLUTION NO. 87-134 A RESOLUTION RATIFYING, APPROVING, AND CONFIRMING THE WAIVER OF ALL USER FEES AT THE COCONUT GROVE EXHIBITION CENTER, EXCLUDING ANY DIRECT COSTS, FOR THE SUNSHINE STATE GOLDEN GLOVES BOXING TOURNAMENT, MARCH 4 THROUGH 7, 1987, AND FURTHER ALLOCATING AN AMOUNT NOT TO EXCEED $12,000 FROM THE SPECIAL PROGRAMS AND ACCOUNTS, QUALITY OF LIFE FUND TO COVER SAID COST. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) NOTE FOR THE RECORD: Agenda items 68, 74, 81, 84, and 94 were withdrawn. 18 February 12, 1987 b. $25,000 FOR SETTING UP AN OLYMPIC TRAINING SITE AT KENNEDY PARK. Mayor Suarez: Before Item 3, Dave, did you want to make a quick statement on the Olympic training site? Mr. David Weaver: Thank you, Mayor. Mayor Suarez: You're not going to ask us to take any action or anything, just to... Mr. Plummer: Yes. No, no, there will be action. Mr. Weaver: I knew I could count on you to spend my money, thank you, Mayor. Mr. Plummer: Mr. Mayor, can I make it brief? As you know, this Commission went in and joined hands with the Sailing Association, to bring all the Olympic people here. They have run into some problems that were unforeseen, as far as cost factors are concerned. The City is into this project now; I don't think we can let it die - we've got to finish it, because of the seawalling and other factors that were their environmental concerns, and I would move, at this time, that an amount not to exceed $25,000 be allocated by the City to furnish this project, so that it can get... Mayor Suarez: Is that from the Marina fund? Mr. Weaver: Yes, sir. Mr. Plummer: Yes, sir, of course. Mayor Suarez: And the original amount was a hundred, wasn't it? Mr. Plummer: Yes, sir. Mr. Weaver: One hundred thousand. Mr. Plummer: The problem that they ran into was the seawall and the other dredging that had to be done, and mostly environmental problems that came up. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. Any discussion from the Commission? Mr. Dawkins: Under discussion. Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: If we're going to give $25,000 to them, I don't see no reason why not go back and give $25,000 to the other group that was just here before them. Mr. Plummer: Well,... Mr. Dawkins: I mean, if we've got money, I mean, let's just... let's be fair, now. If we're going to give them $25,000, I'm... no, go ahead. All right, no further discussion. Mr. Plummer: That's "not to exceed," Mr. Mayor. Mr. Dawkins: OK, no problem. Mr. Plummer: Whatever it takes to get it finished. Mayor Suarez: This is part of the overall, what we might call marina improvement, physical improvement of the City. Coming exclusively from that fund. Mr. Weaver: That's correct. 19 February 12, 1987 Mayor Suarez: Which is... it's self -generated, from revenues mostly from Dinner Key. Call the roll. The following rmotion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-135 A MOTION GRANTING REQUEST FOR FUNDING RECEIVED FROM MR. DAVID WEAVER IN AN AMOUNT NOT TO EXCEED $25,000 FOR MARINAS IMPROVEMENTS DUE TO UNEXPECTED EXPENSES WHILE SETTING UP AN OLYMPIC TRAINING SITE AT KENNEDY PARK. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 7. DISCUSSION REGARDING POSSIBLE EXTRA FUNDING FOR THE CONFERENCE ON NEGRITUDE. (ALSO SEE LABEL #3) Mr. Dawkins: Mr. Mayor, I'd like to reopen the... Mayor Suarez: Yes. Mr. Dawkins: ... the item that was here before,... Mr. David Weaver: Thank you very much, gentlemen. Mr. Dawkins: ... the Conference on the Negritude, and that we give them $25,000 instead of $10,000, because we just gave a group $25,000, and I don't think that's any more important than the other group, than what was here. Mayor Suarez: So moved, to reopen consideration of that item. Do we have a second? Mr. Plummer: Mr. Mayor, I'll second it for discussion. Mr. Mayor, I feel the same as Commissioner Carollo. I would like for them to have the opportunity to go to these other agencies and get the money, and if they don't get it, I think it is very important that we be involved, and I would support up to the number as requested, Commissioner Dawkins, and I'll go on the record for that. But, you know, if they've got the opportunity get it from the T.I.C. or from some other source, let's see if we can't spread some of the responsibility around. Mr. Dawkins: I'll accept that, J.L. Mayor Suarez: OK. I think that was the consensus before, so unless Commissioner Dawkins wants to require it, to reopen the item, wd can express that as being the consensus of the Commission. Mr. Dawkins: OK, no problem. Mr. Plummer: Fine. Mr. Dawkins: No problem. 20 February 12, 1987 -------------------------------------------------------- — ---- --------------- 8. ALLOCATE $9,000 FOR OPERATION OF VIRRICK GYM YOUTH BOXING PROGRAM. Mayor Suarez: item 3. Mr. Dawkins: It's mighty funny, though, we've got a lot of verbiage. Go ahead, nothing, nothing, nothing. OK, Item 3. Mr. Manager, is this an additional $9,000 on top of the $60,000 that we waived for use of the Coconut Grove Playhouse? Mr. Plummer: No, this was for the... Mr. Odio: No, sir. This is formalizing that action, that's all. Mr. Dawkins: What action? Mr. Plummer: It was... Mr. Odio: The one that you took, back... Mr. Plummer: I made the motion. Mr. Dawkins: OK, it... Mr. Odio: It is not a new... Mr. Dawkins: OK, but is this replacing money that they spent, when we told them to operate, and we didn't give them any money, or what is it? I don't know what... I really need to know what we're doing. Mr. Odio: This is to... Mr. Plummer: Well, I made the motion - let me explain. Mr. Dawkins: OK. Mr. Plummer: We gave them two months' allocation,... Mr. Dawkins: Right. Mr. Plummer: ... which was $4,500, of bare necessities to wind down, and it is clearly stated that there will be no further funding from the City. But that is what this is. We approved that, Miller, about a month ago, or six weeks ago. Mr. Odio: November 13th. Mr. Plummer: OK, more than that ago, and this is no more than the ratification of that action we took in November. Mr. Dawkins: OK move... move to... move 3. Mr. Carollo: Hold on for a minute. Every time this item comes up here, we say the same thing - this is going to be the last time. We've been doing this for at least three years that I can remember, if not more. Mr. Plummer: Well, Joe, let's don't... you know, let's don't kid each other. What we've, in effect, done is we are funding the program in a different way. That's what we're, in effect, doing. What we've done is, we've waived the rental fee of the Dinner Key Auditorium,... Mr. Carollo: Still being funded. And what happened to the suggestion that Xavier and I, we'd throw a little bash for charity? Mr. Plummer: Well, I still think that's a great idea. Alex Dowd says Mrs. Kennedy: I still want the T-shirt concessions. ! 21 February 12, 1987 Mr. Carollo: What do you may, Xavier - are you in the mood for it this month? Next month? Mayor Suarez: As I stated before, if you give everyone in Miami who wants to duke it out with you an opportunity, for $10, to do it for only two or three seconds, we would make a mint. Mr. Carollo: But we're not giving that opportunity to everybody. We're not giving that opportunity to everybody. Mr. Plummer: Wait a minute, wait a minute, Joe, Joe, don't... Mr. Carollo: We're giving it to you. Mr. Plummer: Joe, don't do it next month - do it in October, closer to election time. Mayor Suarez: I think Jeff wants to take you up on it. Mr. Carollo: The Mayor is better sparring in the back, not in the front. Mrs. Kennedy: No, because one of them might not make it. Mr. Plummer: Yeah, but I figure it's going to be a lot hotter then. Mr. Carollo: Harry wants the first shot with you, Jeff. Mayor Suarez: OK, do we have a motion and a second on item 3? Mr. Plummer: Yes. Mr. Carollo: I don't think he'll be around then. Mayor Suarez: Any further discussion? Call the roll on item 3. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 87-136 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $9,000 FROM SPECIAL PROGRAMS AND ACCOUNTS CONTINGENT FUND TO COCONUT GROVE CARES,INC. FOR OPERATION OF THE VIRRICK GYM YOUTH BOXING PROGRAM FOR A PERIOD OF SIXTY (60) DAYS FROM OCTOBER 1, 1986 TO NOVEMBER 30, 1986; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND COCONUT GROVE CARES, INC. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 22 February 12, 1987 ------------------------------------------------------------------- 9. ACCEPT BID: YAMAHA MOTOR CORPORATION FOR TWO OUTBOARD MOTORS. Mr. Plummer: I pulled item number 7, Mr. Mayor, because in the backup material, I am asking the question, why the particular bid of the award went to a company that, in my backup, was blacked out completely. Mine is blacked out. Mr. Ron Williams: Blacked out, you mean? Mr. Plummer: Yeah, mine is blacked out, on the backup sheet. Mr. Williams: Oh. Mr. Plummer: Well, you know, you ought to think about that, when you're asking me to vote on something. Are you saying that it was just underlined in yellow? Mayor Suarez: Did you try to highlight, and you made it look like a deletion? Mr. Plummer: Number 7. Mr. Williams: That appears to be the case, Commissioner. Mr. Plummer: It's not that it appears - it is definitely, in mine, blacked out. And I want to know what you're trying to hide. Mrs. Kennedy: Under "vendor," under "vendors' names." Mr. Plummer: From where you are, Ron, I think you can see that it doesn't "appear" - it is, in fact. Mr. Odio: It says Yamaha Motors underneath. Mr. Plummer: You can read underneath of that? Must be a secret code of the administration. Is it, in fact, the one that is on the agenda? Mr. Williams: Yes, it is. Mr. Plummer: I move Item 7. Mayor Suarez: So moved. Mrs. Kennedy: Second. Mayor Suarez: Seconded. Any... Mr. Carollo: What... Mayor Suarez: Commissioner? Mr. Carollo: What I'd like to find out is, why it has taken over a year to finally get to this point? Mr. Williams: I'm sorry, Commissioner? Mr. Carollo: Why has it taken a year to finally get to the point where we're at now, of getting some motors, finally? Mayor Suarez: Why does it take so long to find a couple of motors for the... Mr. Williams: That has not been the problem. The problem has been with the Boston Whaler boat, for which we use these motors. That hull on that boat had extensive damage. We sent it back to the manufacturer, they attempted to repair it under warranty, and found that it was at such a point that they decided to ahead and replace it, so we did not proceed with the purchase of the motors until the issue of the boat was resolved. Mr. Carollo: I don't buy it, but let's move along. 23 February 12, 1987 • 1] Mayor Suarez: We have a motion and a second. the roll on Item 7. Any further discussion? Call The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-137 A RESOLUTION ACCEPTING THE BID OF YAMAHA MOTOR CORPORATION FOR FURNISHING TWO (2) OUTBOARD MOTORS TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AT A TOTAL PROPOSED COST OF $9,200.00; ALLOCATING FUNDS THEREFOR FROM THE 1986-87 OPERATING BUDGET ACCOUNT NO. 290201-850; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. ------------------------------------------------------------------------------ 10-A. ACCEPT BID: P.N.M. CORPORATION FOR CITYWIDE SIDEWALK REPLACEMENT PROJECT; 10-B. DISCUSSION re SPECS FOR AUTO BIDS RECENTLY SENT OUT; CONCERNS OF POSSIBLE UNFAIRNESS. ------------------------------------------------------------------------------ Mayor Suarez: Item 10. Go ahead. Mr. William E. Parkes: I'm Bill Parkes,... Mr. Plummer: Tom, the City Attorney said she's the only legitimate Irishwoman here, and you didn't give her a pin. God help you! Mr. Dawkins: Who pulled 10? Mrs. Kennedy: I pulled 10. Mr. Dawkins: OK, go ahead, Commissioner. Mrs. Kennedy: I pulled 10 and 11, Mr. Mayor, not because I have anything, I think that both P.N.M. and M. Vila are good corporations, but again, it's the same old thing: it's the same companies coming over and over again,... Mr. Dawkins: That's right. Mrs. Kennedy: ... and I just want to see, when are we going to shift the contracts around? Mr. Dawkins: Now, I would like... I raise the same question, and I'd like to know, you know, why is it, that of all... out of all of the construction companies, if you go back through the last five months, it's been Vila/P.N.M., Vila/P.N.M.,... Mrs. Kennedy: Always. 24 February 12, 1987 Mr. Dawkins: ... I mean, other contractors have to live. Why is it? Mr. Parkes: They're the lowest bidder, and that's all we have. We have no control uver wao bids, what price they put in each unit item. We treat them all the same. Now, if you want to go to the second low bid, that's up to you. You have that right, but... Mr. Dawkins: I'll go if you recommend it - that's up to you. Mr. Parkes: Well, no, no, we can't recommend anything other than the low bidder. Mr. Dawkins: Well, that's up to you, then; don't come telling me about I'm going somewhere you don't recommend. Mr. Parkes: That's correct. Mr. Dawkins: That's what we pay you for, to make a recommendation. Mr. Parkes: A recommendation... Mr. Dawkins: All right, then,... Mr. Parkes: ... as according to... Mr. Dawkins: ... and if you recommend the second firm, I will go with the second firm. Mr. Parkes: No, I cannot recommend anything other than low bidder. Mr. Dawkins: OK, then, well, don't expect me to override your recommendation, sir. Mrs. Kennedy: I so move 10 and 11. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded, Item 10. Any further discussion? Call the roll. Mr. Plummer: Well, let me ask a question first. I was going to bring this up later. Mr. Manager, you know, we're talking about this fact of one company, which gives the appearance of the buddy system, OK? And yet, we're being told that the lowest bidder is - and I believe in that system, and I think everyone up here sitting is of the same belief - yet, Mr. Manager, I was going to ask you later on the day, and I'm going to ask you now: I have received a phone call, in reference to the rental automobiles for the Police Department, OK? They put out an RFP for rentals of cars - OK? - and it was bidded. The lowest bid did not receive the award. Avis - pretty big outfit - the second lowest bidder, did not receive the award. It went to the third lowest bidder, and it just so happens that he's the one that's been around for years. Mrs. Kennedy: You see? Mr. Plummer: Now, there might not be anything wrong with that, and there might be a reason for it, and I was going to ask you to justify it, but, here again, we're seeing the appearance of the buddy system. OK? There is 20, I'm told, approximately, out of the $70,000 contract, about $21,000 more to use the third lowest bidder. Now,... (INAUDIBLE OFF -MIKE COMMENT) Well, wait a minute, wait - you see? Now, there is the real damn problem that we've got, Art,- and I find no fault with you, because you don't write the specs. Let me tell you what was said. They did not meet the specs - the lowest bidder. Now, you know what the specs were? That's where the secret. of all of this bidding is, in how you write specs. I'm going to remind you, as I have, and some of the new ones, that haven't been here before: a friend of mine called me one day, and he said, "You know, you insult my intelligence," and I said, "Why is that?" He said, "I'm a motorcycle dealer," and I didn't even know that; he said, "You sent me an RFP to bid on police motorcycles." I said, "OK, what's the problem?" He said, "I can't bid." I said, "Why can't you bid?" He said, "Because they took the specs out of the back of a Harley book, and I sell Yamaha." Now, when questioned - that's before your time, Cesar - OK? - the difference was, and the justification when I inquired, was that we 25 February 12, 1987 had parts in our department for Harleys, and if we switched to Yamaha, we had all these parts. Why insult the man? Now, let me tell you what I'm being told on this police rental vehicle. The specs call for unlimited use of cars, OK? This company presented in their bid ten different models of automobiles, including they guaranteed 198819 as soon as they became available. But, they said, the specs call for more than ten different types of cars. Now, I think the rationale and justification needs to be made - does the Police Department need more than ten different kinds of unmarked cars? This company said, had they said that in the bids, they would have gone out and bought more cars. Mr. Odio: These people are spies, here. Mr. Plummer: We are going to go $51 per car, per month, more than the low bid. All new cars) And I'm telling you that the problem that exists, and has existed, in this City, is the way that specs are written. You want to see a good one, look at the RFP today on Miamarina; it is full of holes! It is full of misconceptions! And I'm saying that that, I think, is the key, that we need to go back. Art, you did a study three or four years ago, and I remember that study - OK? - and there were certain recommendations made. But it is... you know, it is redundant before this Commission, that gives the appearance to the general public that we operate on a buddy system. And I'm saying to you that the key to the factors of what, in fact, is going to happen in the future is in the way that the specs are written. Mrs. Kennedy: You know,... Mr. Plummer: Amen. Mrs. Kennedy: You are absolutely right, and we saw it also with the woman - owned firms. They said that they didn't have all the experience, if I remember correctly. Well, of course, women -owned firms are not going to have the experience, of course they're going to be smaller, and you have to take these things into consideration. I think that... Mr. Dawkins: What experience do you need, Commissioner Kennedy, to write a rental contract? Mrs. Kennedy: Right. Mr. Dawkins: What experience do you need? Mr. Plummer: Well, you know, now, Art says he has some defense, and I want to hear it, and I was going to ask for it later, but you brought up this point here at this time. You know, but, hey, Avis is not a small outfit; Avis is a damn big outfit. Mr. Dawkins: I've got a credit card. Mr. Plummer: All right, I'll listen. Mr. Dawkins: I can't vote for them - I've got a credit card. Mr. Plummer: The only reason that was given to the low bidder - OK? - was that they didn't have but ten different models. (INAUDIBLE COMMENT OFF MIKE) Sure. Mr. Arthur L. Mullins: Commissioner Plummer, this item is scheduled to be on the 26th agenda, and I'm sure, at that time, the Police Department people will be here to defend their position in this matter. Mayor Suarez: Tell them not bother, for my vote, if it takes more than ten different kinds of car. There's no way to get that through my intelligence; I mean, it... Mr. Mullins: Mayor, they didn't ask for ten different types of cars. Some of the information that has been given to Commissioner Plummer... Mayor Suarez: OK, what is... how many? Mr. Mullins: ... by this unhappy bidder, is false) Mayor Suarez: OK, how many did they ask for? 26 February 12, 1987 Mr. Mullins: They used as an example, of the type of cars that they wanted, maybe ten or eight. They said they wanted full-size cars. This unhappy bidder has not bid on full-sized cars. Avis is the present contractor. They did not bid... Mr. Plummer: No, Avis is not the present con... no, no, Avis is not - Interamerican is. Mr. Mullins: J.L., Interamerican is the recommended bidder for the new contract, which is going to be on the 26th of February agenda. Mr. Plummer: And were they not the third low bidder? Mr. Mullins: They are the third low bidder, dollar -wise. Mr. Plummer: Is there not... excuse me, is there not a difference of $51 between the low bidder and that which is recommended to be awarded? Mr. Mullins: The Police Department is taking the stand that it doesn't make any difference if it's $51... Mr. Dawkins: Yes, but this... Mr. Mullins: ... or $151, if it... Mr. Dawkins: ... they don't have to force.... Mayor Suarez: But that's not his question, Art. Mr. Mullins: ... if they don't meet their requirements. Mr. Odio: First of all... Mr. Plummer: But the requirements, I'm saying, is the key, and it's not just in the Police Department cars, it is in every spec that is written! Mr. Dawkins: Where's Ken? Mr. Mullins: Avis has the contract at the present time. Mr. Dawkins: Ken! Mr. Mullins: Avis' bid is $1 less than the recommended bidder. Avis did not bid the Police Department's required pickup points. These are undercover cars, and they have to have a schedule. All I'm telling you is what... Mr. Plummer: Art, I... Mr. Dawkins: Oh, you didn't have anything... the administration did this, or. you've got some input in it? Mr. Ken Nelson: I don't have anything on the undercover cars at all, no. Mr. Plummer: I am very, very much aware of the use of those automobiles, and it is very important and it is very key. What I am saying to you, the man who called me this morning obviously is the low bidder - I'm not sure of that - and he is saying that the reason given to him, that he was not awarded the bid, was because he did not have more than ten different models. He said he had ten,... Mr. Mullins: Commissioner,... Mr. Plummer: ... but they demanded more. Mr. Mullins: Commissioner, I made a statement a while ago, and I'll repeat it: that man has given you some false information. Mr. Plummer: That might be true. Mr. Mullins: Very false. 27 February 12, 1987 Mr. Plummer: OK. Mr. Mullins: That man has called everybody In G.S.A , everybody in Procurement, everybody in the Police Department, and the Law Department, and screamed insinuations and innuendoes over the telephone, as to how the City is... Mr. Plummer: Well, let's... Mr. Mullins: ... fabricating... Mr. Plummer: Let's take it out of innuendoes. Was he the low bidder? Mr. Mullins: Dollar -wise, yes, but you told me a long time ago... Mr. Plummer: Excuse me. Did anyone from your department, or any other department, give him the reason for not receiving the award, was because he didn't have ten... more than ten models? Mr. Mullins: Exactly! No, sir. We told him the reason that the Police Department is not recommending them, is because they did not bid full-size cars. Mr. Plummer: OK. Mr. Mullins: That's the only reasonl Mr. Dawkins: Let me ask a question, J.L. Mr. Plummer: Sure. Mr. Dawkins: How many contracts has this gentleman missed, that he bid on with the City of Miami? Mr. Mullins: J.L., again, let me say this. When I say that this man has given you some false information, I can say that only based on what G.S.A. has told him. I don't know what people in the Police Department or others... Mr. Plummer: Well, let's ask G.S.A. Did you inform... Mr. Mullins: I'm G.S.A. Mr. Plummer: ... this individual... Mr. Mullins: I'm G.S.A. Mr. Plummer: You're G.S.A. Mr. Mullins: Right. Mr. Plummer: I thought you were purchasing. Mr. Mullins: Well, we're a division of G.S.A. Mr. Plummer: Oh, OK. Mr. Dawkins: How many... I want to ask my question again, and ask it slowly: How many contracts did this company bid on, and lose them to other firms in the City of Miami? Mr. Mullins: This... on the car rentals? Mr. Dawkins: Yes. Mr. Mullins: This is the first time they've ever bid. We didn't even know they were in existence; they're somewhere over on Miami Beach. Mayor Suarez: What is their name, by the way? Mr. Mullins: A Atlas, and they tell me, in no uncertain terms, for what it might be worth, that the recommended bidder is a very bitter enemy of theirs. 28 February 12, 1987 Mr. Plummer: Well, you know, that is of no concern to roe or this Commission. The $51 per unit, per month, is a concern to this Commission. Mr. Odio (OFF MIKE): There's only $1 difference. Mr. Plummer: No, sir. The difference between the low bidder... Mayor Suarez: And the recommended. Mr. Plummer: ... and the bidder recommended, is $51 per month, per car. Mr. Odio (OFF MIKE): They don't have the cars. They don't have the cars. Mr. Plummer: Mr. Manager, are you going to sit there and say to me that the specs, you feel, are definitely on a recommended basis? Mr. Odio: No, because I haven't seen them, but I have... he gets paid to do that, and he's saying that they are. Mr. Plummer: Well, it was my intention to, sometime during the day, to ask for this item, that the information be brought forward. I only brought it up because of Dawkins and... you know, Art, you know and I know - you've been here a long time - that the appearance perceived by the public around here is the buddy system, because there's no question - certain people just repeatedly, time after time after time, get contracts. Mr. Odio: But... Mr. Plummer: Now, because they're the low bidder, and they've got a sharper pencil, maybe is the reason, and they should be awarded. But here again, you know, we have a lot of companies in this town. Mr. Odio: But J.L., I need to clarify this, because there is no buddy system, and in this particular case, the company that is getting the bid has never done work for the City before, and the company that has the present bid lost out, so that is not a buddy system. Mayor Suarez: Well, what the Commission, I think, is also saying, is that we're going to look very carefully at specs, to make sure that they're not so complex, and that they don't call for the kinds of things that really leave out a lot of bidders - particularly local bidders, which has happened a lot, since time immemorial in this City. Mr. Plummer: Wait till you see the specs on the wrecking contract. A square shovel with an eight -foot handle, a... Mr. Dawkins: With a split in the handle. Mr. Plummer: It's hilarious. You've got to have, on the side of your truck, three-inch letters - no more, no less. Mayor Suarez: But the chairs that they're sitting on out there, I was told, are only made out of State, by specification. We specified out all of the local bidders. Apparently nothing like that is made here in Miami, or anywhere near, in the State of Florida area. Just another example. Item 11 we have a motion on. Mr. Plummer: Ten and 11, I think she... Mr. Dawkins: Ten and 11. Mayor Suarez: Well, we voted on 10, I think. Mr. Dawkins: No. Ms. Hirai: May we take the roll call on... Mayor Suarez: OK, let's take the roll call on 10. 29 February 12, 1987 The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 87-138 A RESOLUTION ACCEPTING THE BID OF P.N.M. CORPORATION IN THE PROPOSED AMOUNT OF $233,400.00, TOTAL BID OF THE PROPOSAL, FOR CITYWIDE SIDEWALK REPLACEMENT PROJECT; WITH MONIES THEREFOR ALLOCATED FROM "CITYWIDE STREET IMPROVEMENTS - FY 087" ACCOUNT, CAPITAL IMPROVEMENTS ORDINANCE NO. 10187, PROJECT NO. 341152 IN THE AMOUNT OF $233,400.00 TO COVER THE CONTRACT COST; 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 Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 11. ACCEPT BID: M. VILA AND ASSOCIATES, INC., FOR ALLAPATTAH HIGHWAY IMPROVEMENT DISTRICT. ------------------------------------------------------------------------------ Mrs. Kennedy: And I al... Mayor Suarez: You also move 11? Mrs. Kennedy: I also move 11. Mayor Suarez: Do we have a... Mrs. Kennedy: And let me also say, for the record, just as I criticized before, the Manager is doing much better with women -owned firms. Let me just state it on the record. Mr. Odio (OFF MIKE): I like women; I really do. Mrs. Kennedy: Come on, that's not the... Mayor Suarez: Let the record reflect the Manager is doing a lot better with women than he used to be. Mrs. Kennedy: That's not the kind of remark you make here. Mr. Odio: No, we like to do business with women. Mrs. Kennedy: Oh, OK, that's better. Mayor Suarez: We have a motion on 11; do we have a second? Mrs. Kennedy: I accept that. Mr. Dawkins: Yeah, second. Mayor Suarez: Second. Any further discussion? Call the roll. 30 February 12, 1987 Mrs. Kennedy: And Commissioner Courtenay's right there, watching out too, for you. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 87-139 A RESOLUTION ACCEPTING THE BID OF M. VILA & ASSOCIATES, INC. IN THE PROPOSED AMOUNT OF $1,838,021.00, TOTAL BID OF THE PROPOSAL, FOR ALLAPATTAH HIGHWAY IMPROVEMENT DISTRICT - PHASE II B- 4507; WITH MONIES THEREFOR ALLOCATED FROM "ALLAPATTAH STREET IMPROVEMENTS - PHASE II" ACCOUNT, CAPITAL IMPROVEMENTS ORDINANCE NO. 10187, PROJECT NO. 341118 IN THE AMOUNT OF $1,838,021.00 TO COVER THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM; AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE OF PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPTANCE BY THE CITY COMMISSION OF THE COMPLETED CONSTRUCTION BY M. VILA & ASSOCIATES, INC. OF ALLAPATTAH HIGHWAY IMPROVEMENT - PHASE II B-4507 UPON SATISFACTORY COMPLETION OF SAID CONSTRUCTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 12. AMEND AGREEMENT WITH DADE COUNTY; INCREASE AMOUNT OF FILL MATERIAL BEING PURCHASED FROM CITY'S VIRGINIA KEY STOCKPILE. Mayor Suarez: Item 11... 12, rather. Mr. Dawkins: Twelve. Mr. Manager. Mr. Odio: Yes, sir. Mr. Dawkins: The money that's going to come from the sale of this fill - what are we going to do with it? Mr. Odio: Well, this would go into the General Fund. Mr. Dawkins: OK, I want it put into the General Fund, and earmarked that it cannot be spent unless it's brought before this Commission to get an OK. Mr. Odio: Thank you. Mayor Suarez: So moved,... _ Mr. Plummer: Second. Mayor Suarez: ... as a rider on Item 12. Seconded. Any further discussion? Call the roll. 31 February 12, 1987 The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 87-140 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, BETWEEN THE CITY OF MIAMI AND METROPOLITAN DADE COUNTY INCREASING THE AMOUNT OF FILL MATERIAL TO BE PURCHASED BY THE COUNTY FROM THE CITY'S VIRGINIA KEY STOCKPILE TO APPROXIMATELY 90,000 CUBIC YARDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 13-A. EXECUTE DEVELOPMENT AGREEMENTS WITH CRUZ DEVELOPMENT AND ASSOC. FOR PARCEL 24 OF OVERTOWN/PARK WEST REDEVELOPMENT. 13-B. EXECUTE DEVELOPMENT AGREEMENTS WITH CIRCA/BARNESS/SAWYER FOR DEVELOPMENT OF PARCEL 55 EAST OF OVERTOWN/PARK WEST REDEVELOPMENT. ------------------------------------------------------------------------------ Mr. Dawkins: I move 12, Mr. Mayor. Mayor Suarez: Thirteen? Mr. Dawkins: Thirteen and 14. Will Mr. Cruz and Mr. Wilson come to the mike, please. I need to know from you two gentlemen if you're having difficulties from the local banks in this area, financing your projects, or if you have financing from them. Give your name and state your project. Mr. Bill Wilson: Bill Wilson, development firm of Circa/Barness/Sawyer. Absolutely. We've had no helpful response from the local banks. Mr. Dawkins: OK. You, Mr. Cruz? Mr. John Cruz: John Cruz, John B. Cruz Construction Company. We haven't approached the local banks since our initial approach, about a year ago, but the response was very negative. We are going with credit enhancement, a 221- D-4 program, that insures the loan, so we won't have any problems getting our financing, going through that route. But it took us an insurance, or credit enhancement, mechanism in order to get the money. Mr. Dawkins: Mr. Wilson, what banks did you approach, in the City of Miami? Mr. Wilson: Let me also say, as Mr. Cruz, we have put our financing together in another venture. Mr. Dawkins: No, no, no, no, no, no, see... Mr. Wilson: To answer your question, yes. Mr. Dawkins: ... I don't want... all I'm interested in, banks in Miami. Mr. Wilson: NCNB. 32 February 12, 1987 Mr. Dawkins: All right. Mr. Wilson: Barnett Bank. Mr. Dawkins: Barnett Bank did not fund it? Mr. Wilson: No. Southeast. At least Southeast was... Mayor Suarez: When was the last time that you had contact with them? Because we've been, you know, working on them, as Commissioner Dawkins has been, and a lot of us. Mr. Wilson: Four months, three or four months. Mayor Suarez: That's the thing - things may have changed in the last three or four months. Mr. Wilson: Well, it... but it's not... it doesn't help our time cycle, with the fact that, you know, the Commission has said, "break ground in April," so... Mayor Suarez: Yes, we're very aware of that, the timing problem. Mr. Plummer: Question. Mr. Wilson: Yes. Mr. Plummer: Did they give you a reason why you were denied? Mr. Wilson: They all felt that the area warranted a collaboration, and they didn't see, really, that happening at this point, and they were very... all of them said, basically, "Four or five years, come back and see us." At least Sun Bank was swift and direct, and they said no from day one. There was no lingering agony. Mr. Dawkins: OK. Now,... Mr. Wilson: Let me say one thing, with regard to... (ASIDE:) Do you want to mention about what NCNB is doing with you, or... no, it doesn't matter. OK. Mr. Mayor and fellow commissioners, I've said constantly and I say now Sun Bank, Barnett Bank, Southeast Bank and all the NCN NCB or whatever it is they do not intend to do anything to help us in Allapattah, in Wynwood, in Overtown and in Liberty City. They are red and militant and they are lying if they say they're not. They are red -lining these areas and it is impossible for us to get funding and finance and I want the City Attorney to help me draft a letter to the banking authorities and I need for Mr. Bailey to provide me with the information from Mr. Cruz and Mr. Wilson as to how they have applied to these company's banks and they refuse to fund these projects. Thank you. I move 13 and 14. Mayor Suarez: So moved. Mr. Plummer: Second. Mrs. Kennedy: Second. Mayor Suarez: Seconded. A recommendation is make sure you check the climate now to see if it has improved. Mr. Plummer: They don't need it now. Mayor Suarez: We've moved uh..you know...ok Mr. Plummer: They've already got it. Mr. Wilson: Respectfully for this first phase it doesn't help us. We will for a latter phase let's check into them. The emphasis I think has to come from the group here. Mayor Suarez: Can American is still looking for financing from some of the banks the commissioner mentioned and that will be a good test case. Call the roll. 33 February 12, 1987 The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 87-141 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE DEVELOPMENT AGREEMENTS WITH CRUZ DEVELOPMENT AND ASSOCIATES, A LIMITED PARTNERSHIP, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE DEVELOPMENT OF PARCEL 24 OF THE PHASE I REDEVELOPMENT AREA OF THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT SUBJECT TO A SATISFACTORY APPRAISAL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) RESOLUTION NO. 87-141.1 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE DEVELOPMENT AGREEMENTS WITH CIRCA/BARNESS/SAWYER, A GENERAL PARTNERSHIP, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE DEVELOPMENT OF PARCEL 55 EAST OF THE PHASE I REDEVELOPMENT AREA OF THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT SUBJECT TO A SATISFACTORY APPRAISAL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: We took two in one there, Madam City Clerk? Mrs. Hirai: We took 13 and 14. Mayor Suarez: When are you going to break ground by the way? Mr. Wilson: April, mid -April. Mr. Cruz: May. April for him. Our process will take us into June. Mayor Suarez: You going to move into Miami now and leave Boston, or... Mr. Cruz: Definitely, especially with all the snow we have up there. Mayor Suarez: Yeah. 34 February 12, 1987 14 EXECUTE AGREEMENT WITH BAKEHOUSE ART COMPLEX INC. TO PROVIDE ADDITIONAL 454,000 (INCREASE EXISTING $150,000 LOAN/GRANT) FOR RENOVATION OF VACATED BAKERY COMPLEX FOR USE AS ARTIST WORKSHOP AND GALLERY. Mayor Suarez: Item 15. Mr. Frank Castaneda: Is the Bakehouse Art Complex, this is basically ratifying motion No. 86-1020, the $54,000 are set up as a loan at the same terms as Metropolitan Dade County. Mr. Plummer: Who pulled it? Mayor Suarez: We have done this before? Mr. Castaneda: Yes, this is ratifying motion 86-1020. Mr. Plummer: Who pulled 15? Mayor Suarez: Who pulled 15? Maybe nobody pulled it. Just formally call the roll on it just to be sure. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-142 A RESOLUTION A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM; ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND THE BAKEHOUSE ART COMPLEX, INC. WHICH PROVIDES AN ADDITIONAL FIFTY-FOUR THOUSAND DOLLARS ($54,000) IN FUNDS IN THE FORM OF A LOAN FROM TWELFTH (12TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, THEREBY INCREASING THE EXISTING ONE HUNDRED AND FIFTY THOUSAND DOLLAR ($150,000) LOAN/GRANT PREVIOUSLY ALLOCATED FOR THE RENOVATION OF A VACATED BAKERY COMPLEX FOR USE AS A REGIONAL ARTIST WORKSHOP AND GALLERY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 15. EXECUTE QUIT CLAIM DEED TO PIO CUESTA FOR EAST 10 FEET OF LOTS 15 AND 16 IN PARKER'S FLAGLER HEIGHTS !Mayor Suarez: Item 21. Mr. Dawkins: Who pulled 21? Mr. Plummer: I pulled 21. Mr. Manager, you're giving a quit claim deed on this property to a private individual. When the City acquired this property, did we pay for it? 35 February 12, 1987 Mr. Odio: It's not on this property, this is item 210 that this individual was a 10-foot strip that was dedicated to the City back in 1951... Mr. Plummer: It was donated? Mr. Odio:... for the purpose of widening N.W. 47th Avenue. What happened was that since there was no never that development in there they are requesting that we turn it back to them. Mayor Suarez: The City didn't buy it? Mr. Odio: We did not buy it. It was donated to the City. Mr. Plummer: I move item 21. Mrs. Kennedy: Second. Mr. Plummer: Put it back on the tax rolls. Mayor Suarez Moved and seconded. Any discussion from the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-143 A RESOLUTION AUTHORIZING THE PROPER OFFICIALS TO EXECUTE A QUIT CLAIM DEED TO PIO CUESTA FOR THE EAST 10 FEET OF LOTS 15 AND 16, BLOCK 5, PARKER'S FLAGLER HEIGHTS (18-32) (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 16. DISCUSSION AND DEFERRAL OF PROPOSED RESOLUTION REQUESTING PROPOSALS FOR PROCUREMENT OF PROFESSIONAL MANAGEMENT SERVICES FOR MIAMARINA. ------------------------------------------------------------------------------ Mr. Dawkins: Item 24. Mayor Suarez: We have to do item 22 first. Mr. Plummer: Mr. Mayor, the RFP I have gone over, and I don't 'know why but that thing in my estimation John is just full of inequities.. I quit reading after about the third or fourth page. There are so many areas in this thing that are not clear, that are going to cause confusion, and John it's things that you and I have gone over many times when we were doing the other negotiations, - where in the hell is it? I have too many papers, here it is. One of my biggest complaints is my long-standing complaint and that is that there is no one being designated as the private sector to be on that evaluation committee. Mr. Gilchrist: OK 36 February 12, 1967 Mr. Plummert That's fine but it doesn't say there. Just to give you an example, John, and one of the things we've fought very hard you state here in page 2, parking, long-term parking is available for 1,200 Bayside Garage adjacent to Miami Marina. Not a word in there that that's going to have to be paid for, and you know and I know that we fought this battle with the charter - boat fishermen and I think to be honest and fair in an RFP you've got to tell them that, yeah, it's available but you're going to have to pay for it. Mr. Gilchrist: Yes sir. We said that limited parking is available at the dockmaster's office for loading and unloading. Mr. Plummert That's for loading and unloading. Mr. Gilchrist: Right. Mr. Plummert But then you say long-term parking is available but you don't indicate that that's going to have to be paid for and I think you're misleading. Mr. Gilchrist: Okay. Mr. Plummer: I also have a problem with the next paragraph. It has been rumored, whether it is true or not, that in fact Rouse Company might be one of the bidders. Mr. Gilchrist: They are obligated under a contract with the City of Miami to be a bidder. Mr. Plummer: Okay. And yet you're making the people to go to look at the property deal with somebody from Rouse. Mr. Gilchrist: Yes sir, because you have to cross their site, that's the only reason for it. Mr. Plummer: I am saying to you that if I was a bidder and I got to go talk to a competitive bidder to go look at that site, I've got to believe something ain't quite kosher. Now I would say that with their permission, John Gilchrist or his designee should go and be the one who shows that inspection, not a potential or a definite competitive bidder. Uh, John, I, look it's an RFP and people can make all kinds of changes after it's done. If you want to go with it I will, but Mr. Gilchrist: What's brought here is a draft to get your responses as a commissioner. Mr. Plummer: Well, I read the first three or four pages and found enough in there in my estimation, I know you're under a time -frame, because of the opening date of Bayside, but I just found a lot of discrepancies and I just quit reading. Mr. Gilchrist: We'll bring it back to the next Commission meeting. I'd like to get your comments in sometime. Mr. Plummer: Well, if you want to put it off and it will not seriously hurt you until the next one, I'd like to go through it completely and then give you my suggestions. Mr. Gilchrist: Yes sir. Mr. Plummer: Did you all read it? Mr. Gilchrist: It doesn't have any real impact. When we were before you the last time, the time -frame was discussed because we thought we Were potentially putting this out as a lease. It it were a lease it would required 90 days bidding Mr. Plummer: No, we're talking about Mr. Gilchrist: It is in fact only a management agreement and nothing applies, so.... 37 February 12, 1987 Mr. Plummer: Right Mr. Gilchrist: We had shortened the time -frame and it's a lot shorter than what you originally had, to in order to come back in June... Mr. Plummer: Mr. Mayor, I would ask this matter be deferred until the next Commission meeting to give us all the opportunity. Mayor Suarez: So moved and seconded. Any discussion. Call the roll. THEREUPON MOTION DULY MADE AND SECONDED, THE FOREGOING ISSUE WAS UNANIMOUSLY DEFERRED TO THE NEXT MEETING. 17. AMEND AGREEMENTS WITH NEIGHBORHOOD ECONOMIC DEVELOPMENT ORGANIZATIONS FOR IMPLEMENTING A COMMERCIAL FACADE TREATMENT PROGRAM. Mayor Suarez: I believe the next one is 24. More than one of us asked for that one to be pulled. My main concern on this is why, if we are, in effect taking monies away from an Allapattah community based organization, we are not figuring out ways to give the monies to another Allapattah community -based organization to the extent possible. Mr. Dawkins: My concern is that you had a rating and you rated these companies and some of these companies that you rated lousy, they're getting the money and the Allapattah group who has worked with the live let live thing and who are trying to develop and they are getting less money, why? Mr. Frank Castaneda: No, the determination was made on demand and we tried to, our recommendation to the City Commission is basically made on demand. Mr. Dawkins: Demand? Mr. Castaneda: Demand Mr. Dawkins: Demand, not need, on demand? Mr. Castaneda: On the demand of commercial facade activity in that area. What we're trying to do is to accommodate as much as possible to make sure that all the agencies have as much money as is needed for the projects there. Mayor Suarez: But you understand the problem he's getting at. Demand a lot of times is determined by the ability of the community to organize itself which also depends on their resources. Mr. Dawkins: And also you got from 12th Avenue to 22nd Avenue on 36th Street in Allapattah and you got from 22nd Avenue out on 20th Street in Allapattah. So how can they, I mean, so how could they, I just don't see how you could recommend $15,000, $30,000. Mr. Castaneda: Well, Commissioners what we can do if it is acceptable with you since we're not entering into a contract with Allapattah Merchants Association and they had $50,000 for administration Mr. Dawkins: No, no, no, no no. That $50,000 stays. See, we're not, you're not going to tell them we're going to give you $50,000, and now in order to make you think that we're helping you, we're going to take, we're going to just add to that, no, the $50,000 stays. Now what else we're going to add to that? Mayor Suarez: But that will be handled by ABDA -- the other Allapattah group, right? Mr. Ralph Packingham: Right. Mr. Dawkins: Yeah, uh-huh. Mr. Castaneda: No, but that's what I'm saying is to allocate that money for them for the facade program. 38 February 12, 1987 Mayor Suarez: I'll entertain a motion that effect. Mr. Dawkins: Say what now. So that's $50,000 on top of this $30,000? Mr. Castaneda: Yes, yes Commissioner. Mr. Packingham: And that is agreeable with us. Mr. Dawkins: Can you guys live with that? Mr. Packingham: Yes, sir, My name is Ralph Packingham. Mayor Suarez: I mean if the situation is drastic in Allapattah; the City has spent tons of money and has gone out to get state funds and federal funds and every other kind of funds for other parts of the City and Allapattah may be, along with Wynwood, right at the 36th Street access there, the most important area of the City to get involved in and we haven't done enough. Mr. Dawkins: Is there any more money other than the 270? Mr. Castaneda: That's the amount of money that we had allocated, but basically what we're doing is reallocating depending on demand. Mr. Dawkins: Okay. Mr. Castaneda: I think that $50,000 is, will be more than sufficient for the needs Mr. Dawkins: Well, I don't think so, I live out there. I don't think so. Mr. Castaneda: Well it takes time to do commercial facade -- remember it's $2,000 a shot, so $50,000 you're talking about 25 store fronts. Mr. Dawkins: But with the high unemployment rate, with the need, I think I could get with them and spend $50,000 in two months. Mr. Castaneda: Well, why don't we do this and maybe we'll have to come back, we'll come back, and remember the community development year... Mr. Dawkins: Okay, I'll move with that stipulation, that we would award this and if we see that we can spend more, we come back. Mr. Carollo: Is that a motion? Mr. Dawkins: Yes, that's a motion, Joe. Mr. Carollo: Second. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 87-144 A RESOLUTION AMENDING SECTIONS 1 AND 2 OF RESOLUTION NO. 86-465, ADOPTED JUNE 12, 1986, WHICH HAD AUTHORIZED THE CITY MANAGER TO EXECUTE INDIVIDUAL CONTRACTUAL AGREEMENTS WITH NEIGHBORHOOD ECONOMIC DEVELOPMENT ORGANIZATIONS FOR THE PURPOSE OF IMPLEMENTING A COMMERCIAL FACADE TREATMENT PROGRAM AND WHICH HAD ALLOCATED FUNDS FROM •COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, THEREBY REALLOCATING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AMONG QUALIFYING NEIGHBORHOOD ECONOMIC DEVELOPMENT ORGANIZATIONS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote- 39 February 12, 1987 • • AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer; Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy Mayor Suarez: Let's go out to Lisk and to all the other entities in the Enterprise Foundation and let's get things moving in Allapattah the way they should be. Mr. Packingham: Thank you. 18. RESCIND PREVIOUS ALLOCATION OF $2,600 FOR FOUR SURPLUS CITY VEHICLES TO BE USED BY STAFF OF THE FUNDACION NACIONAL CUBANO-AMERICANO FUNDO DE AYUDA DEL EXODO CUBANO TO ASSIST MARIEL EXILES. !Mayor Suarez: Item 26, I believe Commissioner Carollo Mr. Carollo: Mr. Manager, you're recommending this item. What is this all about exactly? Mr. Odio: Well, we gave, I think it was in 1984 as a matter of fact.... Mr. Ron Williams: December. Mr. Odio:.... they requested that we donate these cars, they were going to be sent to , I believe to Peru, where there was a camp there for Mariel refugees and the cars have been sitting here, they have never been sent, so we want to get these cars back and sell them. Mr. Carollo: So the same thing happened to these cars that happened to threats of dueling. They've been idle. I'll go along with the Manager's recommendation. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 87-145 A RESOLUTION RESCINDING IN ITS ENTIRETY RESOLUTION NO. 84- 1351 ADOPTED DECEMBER 13, 1984, WHICH HAD ALLOCATED $2,600 FROM SPECIAL PROGRAMS AND ACCOUNTS CONTINGENT FUND TO COVER THE COST OF FOUR (4) SURPLUS CITY VEHICLES TO BE PURCHASED AND USED BY THE STAFF OF THE FUNDACION NACIONAL CUBANO-AMERICANO FUNDO DE AYUDA DEL EXODO CUBANO TO ASSIST IN PROVIDING SUPPORT FOR THE GROUP OF EXILES RECENTLY EXILED FROM MARIEL, CUBA AND PRESENTLY LOCATED IN PERU. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy 40 February 12, 1987 19. CHANGE HOURS OF THE STREET CLOSURE FOR CARNAVAL MIAMI PASEO Mayor Suarez: Item 30. Mr. Plummer: Sir, I pulled item 30 and I guess it's selfish, and I'll admit it, that I pulled it. This is for the parade on Flagler Street of Carnaval. They have gone back this year and increased it to 12th Avenue, where they had been starting it at 14th Avenue, and I just got to put on the record that if I had a funeral which is in that district, I have no back entrance. I could not conduct a funeral. Mr. Carollo: Are you still conducting funerals in that area? Mr. Plummer: Yes sir. Mr. Carollo: I thought you sold it. Mr. Plummer: This is the last. Thanks to the City I've now sold the place of business. Okay. I'm just saying that I think it's unfair -- I don't know if other businessmen are affected, but and probably most of them are not because it's on a Sunday, but funerals and viewings do take place on a Sunday. Mr. Odio: I happen to agree with you, Commissioner, that it's too long a time Mr. Plummer: If you do this, if you approve this, you completely put me out of business. Mr. Odio: It's too long a time to have it closed. Mr. Plummer: Well, Mr. Mayor, uh Mr. Manager, in the past what we had done is got them to start at 14th Avenue, and then that doesn't affect me and here again I'm putting on the record it's selfish. Mr. Odio: Well, why don't we keep the hours as they are now and let them adjust to the hours. Mr. Plummer: The problem is the hours they had was from 1:00 in the afternoon until 10:00. Mr. Odio: Right. Mr. Plummer: That, that affects me. Mr. Odio: Now they want to go from 10:00 in the morning Mr. Plummer: No, it's not the hours, it's the time that they are just completely blocking me off. I might not have a funeral, but here again what do I do if I do? I can't operate. Now, what I would like to do is to approve their times as requested, but at least for one more year that they, in fact, do what they have done in the past and start it at 14th Avenue. Mr. Castaneda: At 14th Avenue. Mr. Carollo: And what should we call this resolution, the casket resolution? Mr. Plummer: Call it whatever you want -- J.L's bread and butter, which it is. However you call it. Mr. Carollo: That's not call it that, I don't want anyone t'o accuse you of taking money from the dead. (Laughing) Mr. Plummer: I'm putting it on the line. So I would like to move it if possible Mr. Mayor that we approve their times as requested for the extension of 10:00 a.m. to 10:00 p.m., but the parade would start on 14th Avenue. Mr. Bob Clark: You mean to close West Flagler and 1st Street. Right? 41 February 12, 1987 Mr. Plummer: Well, the merchants on lot Street would have to, you know, play their own game. This is lot Street and Flagler, the other is the bike race. Mr. Carollo: Is this a motion, there is a second. Mr. Castaneda: Commissioner, do you have to also amend the second part, S.W. lot Street from 12th Avenue to 22nd Avenue, shouldn't it read from 14th Avenue as well? Mr. Plummer: Well, here again, no merchant on S.W. lot Street has complained and if they want to go to 12th Avenue on 1st Street and no one has complained then I say let it go. Mr. Castaneda: The issue that I'm making is that this is a circle and obviously if you have to stand on 14th Avenue you can't go all the way to 12th. Mr. Plummer: Well, if that be the case, I'd like to leave the latitude since no one has complained. Mr. Castaneda: Leave them the latitude, fine. Okay. Mr. Plummer: I move, as amended. Mayor Suarez: So moved and seconded. Any further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-146 A RESOLUTION AMENDING SECTION 1 RESOLUTION NO. 86-774, ADOPTED SEPTEMBER 25, 1986, TO PROVIDE THEREBY FOR A CHANGE IN THE HOURS OF THE CLOSURE OF STREETS TO THROUGH VEHICULAR TRAFFIC FOR THE CARNAVAL MIAMI PASEO EVENT ON SUNDAY, MARCH 8, 1987, FROM 1:00 P.M. - 10:00 P.M. TO 10:00 A.M. - 10:00 P.M. AND ALSO FOR A CHANGE IN THE EASTERLY TERMINUS FROM 12TH AVENUE TO 14TH AVENUE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy ------------------------------------------------------------------------------ 20. PROHIBIT PROCUREMENT WITH COMPANIES DEALING WITH NATION OF SOUTH AFRICA. ------------------------------------------------------------------------------ Mayor Suarez: Item 32. Mr. Plummer: That's Reverend Dawkins' item. Rev. Dawkins? Did Carollo pull that? Rev. Carollo, you pulled item 32? Mr. Carollo: What's that? Mr. Plummer: On South Africa? Mr. Carollo: That's correct. On item 32 I had made a resolution that passed at the last meeting, and that resolution which included the same thing that 42 February 12, 1987 item 32 does in South Africa, but it was in reference to Angola. There is a letter that I just received or should I say a memorandum, that from now on , well, I'll read the main paragraph. "This is in response to your request to have affidavits signed by all vendors certifying they are not doing business with any companies or suppliers that make payments to or hold properties in Angola. If the response that the administration has given to Angola, if they could include South Africa in that for all vendors, and I so move item 32. Mayor Suarez: So moved, seconded. Any further discussion? Call the roll with the additional provision. The following resolution was introduced by Commissioner Carollo, who moved its adoption: • RESOLUTION NO. 87-147 A RESOLUTION EXPRESSING THE INTENT AND POLICY OF THE COMMISSION OF THE CITY OF MIAMI, FLORIDA, THAT THE PROCUREMENT NEEDS OF THE CITY OF MIAMI FOR GOODS, EQUIPMENT AND SUPPLIES NOT BE MET USING ANY COMPANIES OR SUPPLIERS WHO THROUGH THEMSELVES OR THROUGH WHOLLY -OWNED SUBSIDIARIES EITHER (1) PURSUE A POLICY OF MAKING PAYMENTS DIRECTLY OR INDIRECTLY FOR THE PROTECTION AND SECURITY OF THEIR HOLDINGS AND PROPERTIES IN THE NATION OF SOUTH AFRICA TO THE GOVERNMENT OF THAT COUNTRY; OR (2) DO BUSINESS WITH THE GOVERNMENT OF SOUTH AFRICA; FURTHER URGING THAT OTHER CITY GOVERNMENTS AND ALL GOVERNMENTAL UNITS ON THE COUNTY, STATE AND FEDERAL LEVELS FOLLOW A SIMILAR PROCUREMENT POLICY; FURTHER DIRECTING THE CITY CLERK TO FORWARD COPIES OF THIS RESOLUTION TO THE HEREIN NAMED OFFICIALS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy 21. EMERGENCY ORDINANCE: INCREASE APPROPRIATIONS FOR HEAVY EQUIPMENT MAINTENANCE DIVISION. Mayor Suarez: Item 33, emergency ordinance. Mr. Plummer: I had requested that we meet with the police department. We had one meeting three weeks ago; they were supposed to come back and discuss the matter. For whatever reason, they did not get back until late yesterday afternoon, making it impossible to meet with them. I've asked to meet with them at lunchtime, which is on the agenda before us of the 128 vehicles is that which was worked out between myself and GSA. The police department is asked to have more input and I would like to put this over till the afternoon after I've had time to meet with them. Mayor Suarez: Okay, so tabled till the afternoon. Mr. Plummer: There's more than one item, I think it's two items, 33, 34 and 35. 33 is separate? Mrs. Kennedy: It's 34 and 35. Mayor Suarez: 34 and 35 are the ones. 43 February 12, 1987 Mr. Plummer: Okay. Mayor Suarez: Want to move 337 Mr. Plummer: I'll move 33. Mayor Suarez: Moved. We have a second? Mrs. Kennedy: I'll second 33. Mayor Suarez: Seconded. any discussion on 33? Call the roll. Mr. Plummer: For the record, you have to announce this is an emergency. It's listed as an emergency item. Mayor Suarez: Reflect that this is an emergency item. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTIONS 4 AND 6 OF ORDINANCE NO. 10150 ADOPTED SEPTEMBER 25, 1986, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1987, BY INCREASING THE APPROPRIATIONS IN THE INTERNAL SERVICE FUND IN THE AMOUNT OF $3,066,105, HEAVY EQUIPMENT MAINTENANCE DIVISION, INCREASING REVENUES IN A LIKE AMOUNT FROM FY 186 RETAINED EARNINGS TO FUND THE RENTAL PAYMENTS RELATIVE TO THE SALE OF $16,175,000 IN CERTIFICATE OF PARTICIPATION NOTES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and Kennedy, for adoption as an emergency measure requirement of reading same on two separate days, following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. seconded by Commissioner and dispensing with the which was agreed to by the Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Kennedy, adopted said ordinance by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10215. 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. 44 February 12, 1987 22. INCREASE APPROPRIATIONS TO REIMBURSE THE STATE DEPARTMENT OF NATURAL RESOURCES FOR ACQUISITION OF TWO REAL PROPERTY APPRAISALS OF THE BARNACLE Mayor Suarez: Item 36. Mr. Plummer: Mr. Mayor, this is an item as you will recall that has had a lot of negotiation. We are still trying to dicker with the State of Florida for the possible acquisition of the Barnacle property. The State of Florida has put forth as criteria that the new appraisals need to be done and there is a possibility of acquisition for the City. You might recall that that acquisition is a 50/50 and some of the proceeds would come from Bayside. I think this is important. Mayor Suarez: How does it look on the state funding and how does it look on the overall price being agreed to? Mr. Plummer: This is at the recommendation of the State and that is something -- the owners of the property for the first time have started to talk about total sale which they've never done in the past. As you know, there is a pending lawsuit by the owners against the City. It is understood by them and by the law department that this appraisal in no way will affect the litigation. I would move item 36. Mayor Suarez: So moved. Do we have a second.? Mr. Dawkins: Second Mayor Suarez: Seconded. Any discussion? Read the ordinance. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTIONS 1 AND 6 OF ORDINANCE NO. 10150, ADOPTED SEPTEMBER 25, 1986, AS AMENDED, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1987, ARE HEREBY FURTHER AMENDED, BY INCREASING THE APPROPRIATIONS IN THE ENTERPRISE FUND, PROPERTY AND LEASE MANAGEMENT ENTERPRISE FUND IN THE PROPOSED AMOUNT OF $15,000 FOR THE PURPOSE OF REIMBURSING THE STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES FOR ACQUISITION OF TWO REAL PROPERTY APPRAISALS OF THE BARNACLE ADDITION PROPERTY LOCATED AT 3471 MAIN HIGHWAY, REVENUE IN THE LIKE -AMOUNT BEING AVAILABLE FROM PROPERTY AND LEASE MANAGEMENT'S 1985-1986 RETAINED EARNINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and Dawkins, for adoption as an emergency measure requirement of reading same on two separate days, following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. seconded by Commissioner and dispensing with the which was agreed to by the Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Dawkins, adopted said ordinance by the following vote- 45 February 12, 1987 0 AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10216. 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. 23. DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED FINANCIAL DISCLOSURE ORDINANCE (SEE LABEL #43) Mayor Suarez: Item 37. Mr. Plummer: Mr. Mayor, let me, as you know, I have been adamant on this and some people are very upset about it. Mr. Ron Fine approached me yesterday with a suggestion that I think is worth consideration and I would look favorably that as this, if passed, as it would affect an individual serving, that it would not affect them until such time as their term has expired. That in effect would give them the right to make a choice. If Mr. Herb Simon..... Mayor Suarez: You mean like their current term? Mr. Plummer: Right. In other words, if Herb Simon has two more years on the board, he would not be required to file until such time as he is either a renewed member or is an appointed member I think that's worth consideration to give and so called not have a, which I don't believe, but a mass exodus of people. What I guess the wording would be that it would be acceptable to me that these rules and regulations would not apply as for current terms. Mrs. Dougherty: What if the term is indefinite? Mr. Plummer: And for the record.... Mayor Suarez: I still want to have a broader exception of all boards.. Mr. Plummer: Well, okay, and for the record Mr. Mayor, it is fully, my term in not up until the end of this year, and I fully intend to file my 1040 regardless of what this rule or this exception is. It is fully my intent to do such. Indefinite terms? Well, I guess I hadn't thought about that. Who has indefinite terms? Only the Manager. Mrs. Dougherty: The City employees do. Mr. Plummer: Well, okay, you raise a good point, City employees as they are an employee or as it applies to a board? You're talking about the ones in the staff? Well, hey, they're employees. Mrs. Dougherty: So it only applies to public officials and boards and committees in other words. Mr. Plummer: I would say that anyone is appointed to a committee. The hue and cry before this commission has been that a lot of good people would want to quit. Okay? What I'm saying is it's only right that they should have the choice if they want to be reappointed, they have to live with that if it passes, and if they don't want to live with it, they can at the time of their expiration of their appointment, they would just let it go by the board and I think that's worth consideration. 46 February 12, 1987 Mr. Dawkins: J.L., how would that prevent an exodus at the time that they have to sign? Mr. Plummer: Say again Mr. Dawkins: If they are going to leave, and you give them to the and of their term they are not going to leave because you require that they file they're not going to leave then because we've been benevolent and let them stay two extra years. Mr. Plummer: I don't think that really is the hue and cry that I've heard Miller. The hue and cry that I've heard is that you know a lot of people are going to rush out the door because this suddenly applies and they've had not the choice of accepting the appointment with this in place. Mr. Dawkins: But then the same, for the lack of a better term, the same type of individuals who refuse to disclose will refuse to serve so you still, I mean, I don't see what we're accomplishing. Mrs. Kennedy: I think that we just Mr. Plummer: Let me just answer that please. I am a f irm believer that a person accepts an appointment, a job, an elected position by the rules that are there at the time that he accepts or rejects that appointment, okay. Now what we're in effect in many cases is we're now changing the rules, and I say that the rules should apply when he starts his new term, his new office, his new appointment, and he has then the opportunity to make a choice because you know, and I know, that if this thing passes as it is today and a number of people walk out the door, there are going to be fingers pointed and say, "They didn't want to report because of and that's why they walked out the door. So I say that I think it's only fair that we give them that choice and I thought it was a good point and worth consideration. Mr. Dawkins: Well I would hope that the public would realize that if an individual walked out, it isn't that he doesn't want to report, but he has two reasons. Number one, he doesn't want anybody in his business and secondly, he's a business man and he got too much to do rather than to sit down and fill out a lot of forms to serve on a non-paying entity. Mr. Plummer: Well, Commissioner Dawkins, that's the very reason that we gave an alternative to sitting down and putting out a full report as you will recall. When I checked with my auditors, I've never made a full disclosure statement, I had no reason to in the past, and my auditors indicated that if they had to do it for me, that it would cost me roughly $2,500. Mr. Dawkins: You can afford it. Mr. Plummer: I think that's unfair, Mr. Dawkins: You can afford it, you can afford it. Mr. Plummer: Well, what I'm saying is that with the substitute or the alternative of being able to file your 1040, which you have to do anyhow, and merely make a copy for the City records, I don't think that's unfair. Mayor Suarez: I, as before, would exclude only the employees and the boards and only include the Commission which was the initial intent, but I will follow the Commission's wishes on possibly excluding only the boards and leaving the employees in if that's the Commission's pleasure, but I would much rather have just the Commission. Mrs. Kennedy: Let me just state for the record.... Mayor Suarez: And I'll vote with either motion on either ohe of those two exclusions. Mrs. Kennedy: I still feel the same way as I've always felt from the beginning, I think that we as public officials should be scrutinized, but what you're mainly in essence doing Commissioner, is postponing it. I think when their term expires, we're going to have a lot of resignations again. 47 February 12, 1987 Mayor Suarez: That's what Miller said. Mr. Plummer: Well, here again, just for the record, let me put it there that I'm not deferring it because I'm telling you that I am going to comply now, even though my term is up in November and each member of this Commission would have to do what he felt was appropriate. I don't see it as a matter of deferral. Somewhere along the line there has to be an understanding that the real reason for this thing coming about is really not the real reason. What we're looking at is, for some reason, there is a feeling that if a person was dishonest, when he reduces things to writing, he's going to be honest. As I said to you before, that theory doesn't hold water, because I.R.S. already has 183,000 cases in court. I have no problem with it. If you don't want to consider that and you see it as an idea of deferring, it is not my intent. It was merely to give the person involved an alternate or choice. Where today, if we pass this as it, he doesn't have that choice. He either has to do it or get off. I just felt that it was fair that people should have that choice because they joined the team under a set of rules and if the rules change, when they are up for reappointment, then they have a choice to make and they can. Mrs. Kennedy: I agree, it is a fairer ordinance. Mayor Suarez: I move the ordinance with the exclusion of boards. Mr. Carollo: I'd like to request that we take this up in the afternoon. Mr. Plummer: Fine with me. Mr. Carollo: There may be others that may want to come and speak on it. Mr. Plummer: Fine with me. Mayor Suarez: This matter is tabled until this afternoon. Item 38. Mr. Plummer: Joe, do you want to make it a time definite? Mr. Carollo: Don't matter. Mayor Suarez: Herb. Mr. Herbert Simon: I was just going to ask, of course, I've spent part of the morning here and I hope to not spend the whole afternoon; I have to make a buck once in a while. Could you, as a Commissioner, just suggest to make it a time certain, so that.... Mayor Suarez: We could do it right as we get back from lunch, if you want. Mr. Plummer: Mr. Mayor, I was going to ask that we come back from lunch at 2:30, if that's possible and nobody has objections. Mayor Suarez: We could make it at 2:30. Mr. Carollo: That's the usual time we come back anyway, J.L. Mr. Simon: Two thirty, thank you. Mayor Suarez: Tabled until 2:30. 24. SECOND READING ORDINANCE: ADD NEW AREA FOR SIDEWALK CAFES Mayor Suarez: Item 38. Mr. Rodriguez: Item 38 is a second reading of the sidewalk ordinance. Mr. Plummer: I move it. Mrs. Kennedy: Second. 48 February 12, 1987 Mayor Suarez: Moved and seconded. Mr. Plummer: May I, for discussion? Mayor Suarez: Commissioner. Mr. Plummer: May I suggest to you, Sergio, that when these permits are Issued, that it be the wording included on these permits, something that I think could cause you a lot of trouble in the future, if you don't make it very clear that these are open to the public as well as to paying customers. You said that had to be mandatory that these tables and chairs had to be available to the public, you could not exclude them. Mr. Rodriguez: All right, O.K., sure. Mr. Plummer: I can imagine three hippies in Coconut Grove sitting down at three tables and not ordering anything, and I can see a real skirmish coming. Mr. Rodriguez: It's going to be fun. Mr. Plummer: So I think you better make it very clear if that in fact has to be the law, that you better do that at the time either in an application or on the permit itself, make it very clear. Mr. Rodriguez: It's a good idea. Mr. Plummer: I call the question. Mayor Suarez: Read the ordinance. Mrs. Dougherty: Do we have a motion on it? Mr. Plummer: Yes, there is a motion and second. AN ORDINANCE - AN ORDINANCE AMENDING CHAPTER 54 ARTICLE VI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SIDEWALK CAFES," BY ADDING NEW AREAS TO BE INCLUDED UNDER CAFE ZONES IN SECTION 54-109, "DEFINITIONS", BY AMENDING SECTION 54-111, "PERMIT FEES", TO PROVIDE FOR PERMIT FEES TO BE IMPOSED ON A SQUARE FOOTAGE BASIS; BY AMENDING SECTION 54-114, "STANDARDS AND CRITERIA FOR APPLICATION REVIEW", AND SECTION 54-116 "FORM AND CONDITIONS OF PERMIT"; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of January 8, 1987, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Kennedy, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ' ABSENT: None. - THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10217. 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. 49 February 12, 1987 25 SECOND READING ORDINANCE: INCREASE APPROPRIATIONS FOR DEVELOPMENT OF 250,000 SQUARE FOOT BUILDING FOR LEASE TO THE U.S. GENERAL SERVICES ADMINISTRATION Mayor Suarez: Item 39, the appropriation for appraisals for the.... Mr. Plummer: Mr. Mayor, I'm going to merely state for the record, I am very much concerned here. We are going and spending now over $125,000, not for just the appraisals, but I understand, everything is what at the backup materials says, in the hopes that we might get the G.S.A. We all want it, but if for some reason, in the final analysis, they don't go forward and take this rental as it is indicated, there is no reimbursement to this City and we are out $125,000. They are not sharing the expenses. They're not doing anything other than to say, "City, we'd like to have it there and if you build us a building, we'll be your main tenant, we think. We have the money." I'm just concerned that, you know, what do we do, Mr. Manager, if in the final analysis of your negotiation, they say, "Well, thank you, City, we don't think we can strike a deal." What does this City do with its $125,000 that it has expended? Mr. Odio: They are committed to the building, no question about it. They are committed. We are drawing the legal contracts right now. They are totally committed. They have no other... they have a resolution of the Congress of the United States, and.... Mr. Plummer: I understand that, but has there been a determination of what the cost factor of the building is going to be? How much their rent is going to be? Or is it an open check? Mr. Odio: It's an open check that whatever the cost of the building is will be converted into a square foot cost to them in rent. Mr. Plummer: In other words, you have a commitment from them.... Mr. Odio: Yes, sir. Mr. Plummer: .... that they in fact will take this building when built? Mr. Odio: Oh, yes, sir! Mr. Plummer: O.K., you didn't have it at the last meeting. Mr. Odio: We will have a contract with G.S.A. Federal Government before we even break ground or do anything else there. Mr. Carollo: My only concern, you alleviated some of it by what you stated today that wasn't told to us the last time.... Mr. Plummer: No, it wasn't the case last time. Mr. Carollo: Not at all. Everybody wants this to be built, but what I don't think would be appropriate is that the City puts up this amount of money and we end up losing it. Can we get anything in writing to assure us that under no circumstances would we be out that money if this is not built? Mr. Odio: If we don't build it because of our doing, we will lose this money, and that's what I think we were trying to say the last time. They want to build this. They need to build this. As soon as.... . Mr. Carollo: What we're saying is, the federal government has a heck of a lot more money than City of Miami. Can we have any written guarantee that under no circumstances would the City of Miami lose this money, if they don't go along in deciding to build this at the end? Mr. Odio: Yes, sir, we will get cost reimbursement. Mr. Plummer: That's fine. 50 February 12, 1987 Mr. Carollo: Based on.... Mr. Odio: On my word that we might not.... Mr. Carollo: Well, on your recommendation and on the fact that the City of Miami will be reimbursed for that full amount of money if the federal government does not decide to go ahead and finally build this, I will make the motion. Mr. Plummer: Well, what's before us today, Joe, just for the record... how many lots are being appraised? Mr. Ron Williams: Twenty. Mr. Plummer: Twenty lots, we are paying... what is on today's agenda is roughly $82,000 on appraisal fees. Mr. Dawkins: $82,000? Mr. Plummer: Yes, that's what I just added up. Mr. Williams: Twenty six three, Commissioner. Mr. Plummer: I have twenty six thirteen thirteen fifteen nine and six. Mr. Williams: O.K., let me explain it to you. Item 39 and 40 are second readings. The first portion... 39 and 40 are comparisons, 40, companions, I'm sorry. 41 and 42 are companions. Essentially, we are appropriating the money in the former ordinance, I mean, in the former legislation and awarding the contracts for the appraisals themselves in the latter. So that should not be doubled. The total should be twenty six three.... Mr. Plummer: It's to different people, I'm sorry. Mr. Williams: Right, what I'm saying is you're talking about a total of twenty six three in resolution for item 40, and a total of fourteen nine in the resolution for item 42. Mr. Plummer: Well, all I'm saying is a hell of a lot of money without a guarantee, but now he's saying we have a guaranteed commitment and he's saying that if it doesn't go through we're going to be reimbursed, that's fine with roe. Mr. Carollo: The resolution that has been made, J.L., specifies that we're allotting this money for the appraisal fees based upon and only based upon them guaranteeing that we will be reimbursed that money if for any reason they decide not to go ahead and build this. Mr. Plummer: Understood. Mr. Carollo: I think it couldn't be any clearer. Mr. Plummer: I'll move item 40, 39, 40, forty... oh, no, they're ordinances. I'll move 39, with that amendment. Mr. Odio: Commissioner, may I just for your peace of mind, we will not issue an order for appraisals until we have guarantee in writing from the federal government that they will reimburse the cost of those appraisals if for any reason the building is not built. So we will, even though we have the approval, we'll not move on it until we have commitment in writing. Mr. Carollo: I think that's fair enough. Mr. Plummer: Can't ask for any more than that. I move item 39. Mr. Carollo: I made the motion. Mayor Suarez: So moved and seconded. Any discussion? Call the roll on 39. Mr. Plummer: No, it's an ordinance. Mayor Suarez: Read the ordinance. 51 February 12, 1987 AN ORDINANCE - AN ORDINANCE AMENDING SECTION 1 AND 6 OF ORDINANCE NO. 10150 ADOPTED SEPTEMBER 25, 1986, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1987, AS AMENDED BY INCREASING THE APPROPRIATIONS IN THE ENTERPRISE FUND, PROPERTY AND LEASE MANAGEMENT ENTERPRISE FUND IN THE PROPOSED AMOUNT OF $26,300 FOR THE PURPOSE OF PAYING APPRAISAL FEES, IN CONNECTION WITH THE CITY'S POSSIBLE ACQUISITION OF PROPERTY FOR DEVELOPMENT OF A 250,000 SQUARE FOOT BUILDING FOR LEASE TO THE UNITED STATES GENERAL SERVICES ADMINISTRATION, REVENUE IN THE LIKE AMOUNT BEING AVAILABLE FORM PROPERTY AND LEASE MANAGEMENT'S 1985-1986 RETAINED EARNINGS CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of January 8, 1987, was taken up for its second and final reading by title and adoption. On motion of Commissioner Carollo, seconded by Commissioner Plummer, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10218. 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. 26. ACCEPT APPRAISAL OF GABRIEL GARCIA-MENOCAL FOR POSSIBLE ACQUISITION OF LAND FOR DEVELOPMENT OF A 250,000 SQUARE FOOT OFFICE BUILDING TO BE LEASED TO U.S. GENERAL SERVICES ADMINISTRATION. Mayor Suarez: Item 40. Mr. Plummer: Move 40. Mayor Suarez: Moved. Mr. Carollo: Move. Mayor Suarez: Second? Mr. Plummer: It just spends the money of item 39. No, it doesn't either; it's different. All this does is spend the money. Mr. Carollo: With the same provisions that were included in item 39. Mayor Suarez: Same amendments. Seconded with the amendments. Any further discussion? Call the roll. 52 February 12, 1987 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-148 A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE APPRAISAL PROPOSALS OF GABRIEL GARCIA-MENOCAL, THE REPUBLIC APPRAISAL COMPANY, MEMBER OF THEE AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS AT A FEE OF $13,500 AND MOSES C. FLORENCE, CERTIFIED REAL ESTATE APPRAISER, AT A FEE OF $12,800 TO APPRAISE FOR FAIR MARKET VALUE THE 12 LOTS LOCATED BETWEEN N.E. 4TH AND 5TH STREETS AND N.E. 1 AND MIAMI AVENUES, MORE PARTICULARLY DESCRIBED ON ATTACHED EXHIBIT "A" FOR POSSIBLE ACQUISITION OF LAND FOR DEVELOPMENT OF A 250,000 SQUARE FOOT OFFICE BUILDING TO BE LEASED TO UNITED STATES GENERAL SERVICES ADMINISTRATION, FUNDS TO COVER THE APPRAISAL COSTS BEING PROVIDED BY PROPERTY & LEASE MANAGEMENT ENTERPRISE FUND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy 27. FIRST READING ORDINANCE: INCREASE APPROPRIATIONS FOR APPRAISAL IN CONNECTION WITH THE CITY'S POSSIBLE ACQUISITION OF PROPERTY FOR DEVELOPMENT OF A 250,000 SQUARE FOOT BUILDING FOR LEASE TO THE U.S. GENERAL SERVICES ADMINISTRATION. Mr. Dawkins: I'd like to continue items 41 and 42 until I've had a chance to discuss them with the administration. Mayor Suarez: 41 and 42 are tabled. Mr. Odio: These are the same. Mayor Suarez: Same exact.... Mr. Odio: As the other, it's part of the appraisal. Mr. Dawkins: Minority appraisal from Republic Appraisals Company, member of the A.I.A. and Leonard A. Bisz, a member of the A.I.A. Is that A.I.A.? Mr. Ron Williams: M.A.I. Mr. Dawkins: What? Are these individuals members of the A.I.A.? Mr. Williams: The first one is a member of the American Institute of Real Estate Appraisers and as is the second, Mr. Bisz. Mr. Dawkins: I'll rephrase my question again. Mr. Odio: They're not M.I.A., like you were asking, they are not. Mr. Dawkins: They're not, all right, move 41. Mr. Carollo: Second. 53 February 12, 1987 Mayor Suarez: Moved and seconded. Any discussion? Call the roll. Mr. Plummer: No, it's an ordinance. Mayor Suarez: Read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTIONS 1 AND 6 OF ORDINANCE NO. 10150, ADOPTED SEPTEMBER 25, 1986, AS AMENDED, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1987, ARE HEREBY FURTHER AMENDED, BY INCREASING THE APPROPRIATIONS IN THE ENTERPRISE FUND, PROPERTY AND LEASE MANAGEMENT ENTERPRISE FUND IN THE PROPOSED AMOUNT OF $14,900 FOR THE PURPOSE OF PAYING APPRAISAL FEES, IN CONNECTION WITH THE CITY'S POSSIBLE ACQUISITION OF PROPERTY FOR DEVELOPMENT OF A 250,000 SQUARE FOOT BUILDING FOR LEASE TO THE UNITED STATES GENERAL SERVICES ADMINISTRATION, REVENUE IN THE LIKE AMOUNT BEING AVAILABLE FROM PROPERTY AND LEASE MANAGEMENT'S 1985-1986 RETAINED EARNINGS CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Dawkins and seconded by Commissioner Carollo and passed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy 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. 28. ACCEPT APPRAISAL OF GABRIEL GARCIA-MENOCAL OF EIGHT LOTS BETWEEN N.E. 4TH AND 5TH STREETS AND N.E. 1 AND MIAMI AVENUE FOR POSSIBLE ACQUISITION OF LAND FOR DEVELOPMENT OF A 250,000 SQUARE FOOT OFFICE BUILDING TO BE LEASED TO THE U.S. GENERAL SERVICES ADMINISTRATION Mr. Dawkins: Move 42. Mr. Plummer: Second. Mayor Suarez: Moved and seconded item 42. Any further discussion? Call the roll on item 42. 54 February 12, 1987 The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 87-149 A RESOLUTION AUTHORIZING ACCEPTANCE OF THE APPRAISAL PROPOSALS OF GABRIEL GARCIA-MENOCAL, THE REPUBLIC APPRAISAL COMPANY, MEMBER OF THE AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS, AT A FEE OF $8,5000 AND LEONARD A. BISZ, MEMBER OF THE AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS AT A FEE OF $6,400 TO APPRAISE FOR FAIR MARKET VALUE THE EIGHT (8) LOTS LOCATED BETWEEN N.E. 4TH AND STH STREETS AND N.E. 1 AND MIAMI AVENUES, MORE PARTICULARLY DESCRIBED ON ATTACHED EXHIBIT "A" FOR POSSIBLE ACQUISITION OF LAND FOR DEVELOPMENT OF A 250,000 SQUARE FOOT OFFICE BUILDING TO BE LEASED TO UNITED STATES GENERAL SERVICES ADMINISTRATION; FUNDS TO COVER THE APPRAISAL COSTS BEING SUBJECT TO AVAILABILITY FROM PROPERTY & LEASE MANAGEMENT ENTERPRISE FUND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy 29. FIRST READING ORDINANCE: ESTABLISH FUND: "RECREATION ACTIVITY 1986-87" AND APPROPRIATING FUNDS FOR ITS OPERATION Mayor Suarez: Item 43. Mr. Odio: This is to establish a special revenue fund entitled "Recreation Activity 1986-87" in an amount of $100,000. This is a fund to... the monies that we collect during the summer in fees will go into this fund. Mr. Plummer: So move. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Any discussion? Read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND ENTITLED "RECREATION ACTIVITY 1986-87"1 AND APPROPRIATING FUNDS FOR ITS OPERATION IN THE AMOUNT OF $100,000 COMPOSED OF REVENUES COLLECTED FROM PARTICIPATION FEES, CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded -by Commissioner Dawkins and passed on its first reading by title by the following vote- 55 February 12, 1987 AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy 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. 30. FIRST READING ORDINANCE: FEES FOR OFF -DUTY FIRE -RESCUE PERSONNEL SERVICES Mr. Plummer: Move 44. Mayor Suarez: Item 44 has been moved. Mr. Plummer: It's the same thing exactly that we have in the Police Department. Mr. Carollo: Second. Mayor Suarez: Seconded Any discussion? Read the ordinance on first reading. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 19 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY ADDING SECTION 19-15 ENTITLED SPECIAL OFF -DUTY FIRE -RESCUE SERVICES, TO PROVIDE THAT A FEE BE COLLECTED BY THE CITY IN ITS ADMINISTRATION OF THE PROGRAM WHEREBY EXCEPTIONAL AND NONROUTINE SERVICES OF OFF -DUTY FIRE -RESCUE PERSONNEL ARE ASSIGNED BY THE CITY AND PROVIDED TO PERSONS OR BUSINESSES REQUESTING THE SAME; FURTHER RECOGNIZING BY THE HEREIN AMENDMENT THE CITY'S ON -GOING RESPONSIBILITY TO ITS EMPLOYEES BY PROVIDING SELF- INSURANCE COVERAGE FOR TORT LIABILITY AN WORKERS COMPENSATION CLAIMS ARISING OUT OF AND IN THE COURSE AND SCOPE OF SUCH OFF -DUTY FIRE RESCUE PERSONNEL'S PERFORMANCE OF FIRE -SAFETY -DUTIES DURING THE PERIOD OF SUCH ASSIGNMENT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Carollo and passed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy 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. 56 February 12, 1987 31. FIRST READING ORDINANCE: REVISE FEE SCHEDULE FOR CITY GOLF COURSES Mr. Plummer: Move item 45. Mayor Suarez: Item 45 is moved increasing the green fees. Mr. Carollo: Second. Mayor Suarez: Seconded. Any discussion? Read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SUBSECTION (A)(1) OF SECTION 30- 53, ENTITLED "GREEN FEES", SUBSECTIONS (A)(1)(a) AND (b) OF SECTION 30-54, ENTITLED "CART FEES", AND SUBSECTION (a) OF SECTION 30-55, ENTITLED "SPECIAL RATES", OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY REVISING THE FEE SCHEDULES FOR CITY OF MIAMI GOLF COURSES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Carollo and passed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy 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. 32. FIRST READING ORDINANCE: AMEND CODE SECTION ON TAXATION BY ADDING LANGUAGE TO DEFINITION OF "WATER SERVICE" Mr. Plummer: Move item 46. Mayor Suarez: Item 46, first reading, definition change. Mr. Plummer: Nobody seconds it? Mr. Carollo: Second. Mayor Suarez: Seconded. Any discussion? Read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "TAXATION", BY AMENDING SECTION 55-11, ENTITLED "DEFINITIONS", BY ADDING LANGUAGE TO THE PARAGRAPH DEFINING THE TERM "WATER SERVICE"; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Carollo and passed on its first reading by title by the following vote- 57 February 12, 1967 AYES: Commissioner Joe Carollo Comissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy 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. 33. REFER BACK TO ADMINISTRATION PROPOSED FIRST READING ORDINANCE MAKING IT UNLAWFUL TO SELL SUPPLIES FOR CONSTRUCTION WITHOUT PROOF OF VALID BUILDING PERMIT; SET PUBLIC HEARING. Mr. Plummer: Move 47. Mr. Dawkins: Second. Mayor Suarez: Item 47 is moved, seconded. Any discussion? Is this the first time that this comes before us? Mr. Plummer: Yes, sir. Mayor Suarez: What is the effect of this? Mr. Plummer: The effect of this, this is my recommendation, Mr. Mayor, is that the City is having a tremendous problem with code enforcement as far as renovations, alterations, single-family units becoming six family units. What we're trying to accomplish here is that when a company that handles building supplies, whether it be concrete or whatever, they will have a responsibility of putting the City permit number on their bill or whatever it is called, so that they will not deliver to sites that don't have permits. Let's remember that the rule presently of the City of Miami is that you must have a permit for anything that you do to your home in excess of $100, which means that it is almost impossible to do anything in your home for less. You might argue that hundred dollars is unreasonable and I will not disagree, but I think this will go a long way towards reducing the number of complaints in the code enforcement and the Zoning and Planning Department, in which they find themselves not in the fact of finding fact, but in the fact of pardoning, and that was why that I proffered this and this would go, I think, the long way towards the reduction or towards the proliferation, I guess is the best word. Mr. Carollo: The only thing is how can you enforce this? Mr. Plummer: You enforce it by the companies having to have a permit fee, a permit number on the.... Mr. Carollo: To begin with, this is so vague that even if someone goes to a lumber yard in the City of Miami, just to buy two or three or four cement blocks, as I understand it, they would have to show proof that they have a permit. Mr. Plummer: That was not my intent, Joe. Mrs. Dougherty: That is not the case. Mayor Suarez: Wait, now we get one saying yes and the other saying no. We have Walter saying yes, the City.... Mrs. Dougherty: That is not the case. It incorporates the South Florida Building Code and you don't have to get a permit when you buy a couple of cement blocks and therefore, this ordinance doesn't apply to that situation. Mayor Suarez: How is that situation exempted from a regular situation where someone builds a more sizable, brings more sizable quantities to a building site? 58 February 12, 1987 y Mrs. Dougherty: If a permit is required under this ordinance, therefore, if the South Florida Building Code requires a permit, then it is illegal not to put the permit number on the invoice. It is illegal not to.... Mayor Suarez: So if your purchase exceeds the figure that you should assume, we'll require a building permit. Mr. Walter Pierce: Mr. Mayor, that is not the way that works. It's not a hundred dollars in materials. It's a hundred dollars in materials and labor, whether the labor is done by me or if I hire someone to do it. Mayor Suarez: In Commissioner Carollo's scenario, you go buy your building blocks and you intend to take them to a site, how do you know if that improvement is going to require a permit? Mr. Pierce: May I give you a personal example? I recently pulled an air - conditioner out of the wall in my house. Mayor Suarez: You're ignoring the example he gave us, you can give us another one. Mr. Pierce: No, I'm going to use his exact example. Mayor Suarez: Thank you. Mr. Pierce: It took four concrete blocks to fill that hole. I had to buy the blocks. It also cost me $80.00 to pay the guy to do it. By the time you add the mortar and everything else, we were in excess of $100. I had in effect violated the code when I did it, because I didn't pull a permit. Mayor Suarez: How does that answer his question, then? When you go buy the building blocks.... Mr. Pierce: Yes, this ordinance would affect that example. Mayor Suarez: There you go. Mr. Carollo: I think the intention, J.L., is a good intention, but I think this is just not going to be enforceable at all. Then what it's going to do is create a hardship on the City of Miami merchants in the building business to sell these kinds of materials. Mr. Plummer: Let me clarify that, because I think there are big items and there are little items. How about as delivered to a site? That's easy enough. BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: O.K., a specific dollar amount. All I'm trying to say is that we have a lot of this proliferation going on. I think this kind of an ordinance would go a long way in reducing that kind of a problem, especially on the delivery aspect. Mayor Suarez: Let me ask a question to see if we can set a threshold here that makes sense. When do we have the kick in... does the requirement kick in of having a contractor or an architect draw up plans? Never? Mr. Pierce: This ordinance does not. Mr. Plummer: No. Mayor Suarez: When does that requirement become effective? Mr. Plummer: Above the hundred dollars. Mr. Pierce: It varies. If it's a repair or something, you don't need to do that, for maintenance kinds of things. But if it's new construction, generally you're required to have a permit. Mayor Suarez: That would be the kind of threshold that I'd like to see a situation where you have an architect or a contractor required to prepare plans, then you could apply this kind of.... 59 February 12, 1987 • Mr. Plummer: Hop about just a permit? If they got to take out.... Mr. Carollo: I think that the only way that.... Mayor Suarez: No, the permit applies to just about anything. They told us the other day that the permit applies to changing a light fixture if it happens to cost a hundred dollars. Mrs. Kennedy: Yes, but unless we put a dollar amount, it's going to be very difficult to enforce. Mr. Plummer: O.K., here, the City Attorney is offering a good alternative, which I'll be glad to accept: any order that exceeds $500. Mr. Carollo: But what is going to happen is that.... Mrs. Kennedy: $500 might be too small. Mr. Carollo: ....a lot of the merchants in the City of Miami might end up being out of business. Mr. Plummer: Joe, I'm not talking about where you go in to Home Depot. Mr. Carollo: What is going to happen is the developers, whatever, they're going to say, "Hey, you know this is going to be a hassle. Let me just go buy in unincorporated Dade County, Miami Beach, Hialeah, wherever." I think the only way this ordinance would not affect our City people in such a fashion, is that it be a Countywide ordinance. Mr. Plummer: How about only on a delivery? That's easy enough to determine. Guy goes there with a load of.... Mayor Suarez: Isn't it that when you go to buy your own stuff to bring to your own house, like he did, isn't that a delivery? Mr. Plummer: Mayor, I never contended that this was going to be a cure-all for all things. I think it is a step in the right direction. Mayor Suarez: But that's what I'm saying. It applies to that situation, if you define this as a delivery. You got to come up with something that really deals with a major commercial improvement. Mr. Carollo: J.L. , I would suggest that if we're going to do it, we try to petition the County to make it Countywide. Mr. Plummer: I have no problem with that, Joe. Mr. Carollo: Because if not, it's really going to be a hardship on our people, because what's going to happen is a lot of the commercial people, instead of buying in the City, they're going to buy outside of the City. Mr. Plummer: Well, Joe, that's not really the point that I was making. I'm saying for example, a man is going to make an addition to his house -and hey, I sat on the Zoning Board and we had many of them and today there is more- if a guy in a concrete truck goes to a house with a load of concrete and there is no building permit there, what I'm saying is you can't deliver that concrete. Mayor Suarez: Madam City Attorney, Commissioner Plummer's point makes a heck of a lot of sense. Is there any other way of drafting this that involves a penalty on the person supplying the material for a major improvement of that sort, not just for the guy that goes and buys.... Mr. Plummer: I'm not as much concerned about the penalty. I'm not looking to raise money. I'm concerned that if they don't have a permit, they can't deliver the goods. Mayor Suarez: There is a penalty in the statutes I presume, right? In this ordinance. Mr. Plummer: That's what I'm saying. 60 February 12, 1987 Mr. Pierce: Mr. Plummer, Mr. Mayor. Mr. Plummer: Yes, sir. You got ideas... I'm fine. Mr. Pierce: I think what you're after, and I'm totally with you for strong code enforcement, but I think what you're after here is you're not really after the guy that replaces his windows on the weekend. Mr. Plummer: Not at all. Mr. Pierce: You're not after the guy that instals the wall unit air - conditioner. You are after the guy that does have the concrete mixer out there to pour tile beams up to roof level or the guy that's building a new garage in his back yard. I think there are some ways.... Mr. Plummer: Fine, exactly. Mayor Suarez: They guy that we had the other day at the Planning and Zoning agenda that had done a whole.... Mr. Plummer: And thousands of them we don't know about. Mr. Pierce: I didn't want to raise that one, but that's a good example of how we could handle code enforcement. Mayor Suarez: Sure, this whole thing was your idea. Is that what you're.... Mr. Plummer: No, it was my idea. I will defer this item to let the department put more input into it. I think they know what my intent and I hope my colleagues' intent that we want people to live by the law. We want them to take out permits when necessary and take it from there. I have no problem with it being deferred. Mr. Carollo: What if we do that and then when it comes back make it into a public hearing, J.L.? Mr. Plummer: That's fine. Mr. Odio: You know I think you can control it by three basic materials you can stop a construction; and that's ready -mix, steel and fill. Mr. Pierce: Those are items and components. Mr. Odio: And all those kinds of major items. Mayor Suarez: You might want to mention to the Latin Chamber of Commerce and some of the other Chambers of Commerce throughout the City what the effect of this might be so we get input from them. Commissioner Carollo is pointing out this could affect a lot of the small merchants in their improvements. We ought to have input. I appreciate your proposing a deferral to further consider this, Commissioner. Mr. Plummer: No question. Mr. Pierce: Vice -Mayor, would you like this back in 30 days, sir? Mr. Plummer: Bring it back at the next Commission meeting and make it a public hearing. I have no problem with that. Mr. Pierce: If we're going to do a public, may we do it, please, on the first meeting in March, rather than....? Mr. Plummer: And you want to modify it, fine. Mr. Carollo: You know, one additional thing that we could consider also is in different neighborhoods. I don't know how the City is divided for the different inspectors that we have, whether by districts or neighborhoods or what. But I think to try to curtail what J.L. has said, that you have maybe a single family residence all of a sudden is made into you know, four apartments and things of that nature, I think we should try to put the burden also on the inspectors and their district. 61 February 12, 1987 Mr. Plummer: Well, Joe, 1 agree with you, but you just don't have that many inspectors and the other problem is it's called weekend warriors. Mr. Carollo: But sL111, j.L. Mr. Plummer: it is amazing what they can construct between Friday night at 5:00 and Monday morning at 8:00. It is amazingl Mr. Pierce: Just for that reason, and we have not publicized it because we're trying to catch the people, but the Building and Zoning Department inspectors all work on weekends now. Mr. Plummer: Well, let me tell you where you can catch a lot of them. Where you start now inspecting single family residences, and it is my understanding that is in the proposal. Buddy, you are going to find thousands of violations in this community, no question. Mr. Pierce: Yes, thank you, sir. Mr. Plummer: I move that item 47 be referred back to staff for further modifications and for a public hearing on the March meeting of the 12th. Mrs. Kennedy: Second. Mayor Suarez: So moved, seconded. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-150 A MOTION REFERRING BACK TO THE ADMINISTRATION PROPOSED FIRST READING ORDINANCE MAKING IT UNLAWFUL TO SELL AND/OR PURCHASE MATERIALS OR SUPPLIES FOR CONSTRUCTION WITHIN CITY LIMITS WITHOUT PROOF THAT A VALID BUILDING PERMIT EXISTS FOR FURTHER STUDY AND CONSIDERATION; FURTHER REQUESTING THE CITY MANAGER TO PLACE THIS ITEM ON THE AGENDA FOR THE FIRST MEETING IN MARCH AS A PUBLIC HEARING IN ORDER TO TAKE IN THE PUBLIC'S INPUT. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 34. DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED FIRST READING ORDINANCE ESTABLISHING A FUND "1987 DANCE PROGRAM" (See label #37) Mayor Suarez: Item 48. Mr. Odio: That's establishing a new revenue fund entitled 19B7 Dance Program in the amount of $12,900 consisting of a grant from the Dade County Council of Arts and Sciences for $6,450 and cash match of $6,450 appropriated from the FY 87 fund. These funds will be used to cosponsor a series of dance performances with Dance Umbrella Incorporated. Mrs. Kennedy: Move it. Mayor Suarez: Moved. 62 February 12, 1987 • Mr. Dawkins: Second. Mayor Suarez: Seconded. Mr. Plummer: Who is Dance Umbrella Incorporated? record? Who are they? Do they have a track Mr. Frank Castaneda: Dance Umbrella has a track record, Commissioner. For that matter they are involved in the amount of money that they donated their $20,000 grants to the City, you recall, for the Little Havana Community Center for the development of the stage. Mr. Odio: Is that Diana Martin? Mr. Castaneda: Right. Mr. Odio: Yes, I happen to know them. They are a very good group. Mr. Plummer: O.K., I'm just asking who they are. Mr. Odio: Diana Martin. Mr. Castaneda: Commissioner, basically, $6,000 is not much money. What we wanted to do is to create a track record in front of the Arts and Science Committee knowing that the City would be applying in the future.... Mr. Plummer: Hey, all I'm asking is... I don't want to read in the newspaper next month they danced out of town with $12,000. Mr. Castaneda: The City will be controlling all the funds. Mr. Plummer: Because you will be doing a real dance. Mr. Castaneda: We will not be disbursing any funds. All the City funds will be.... Mr. Odio: Never believe what you read in the papers. Mrs. Kennedy: I'm glad you said it, not I. LAUGHTER. Mayor Suarez: We have a motion and a second. AT THIS POINT, THIS ITEM WAS MOMENTARILY DEFERRED. ------------------------------------------------------------------------------ 35. WELCOME JANET CHUSMIR AS NEW EXECUTIVE EDITOR OF THE MIAMI HERALD Mr. Plummer: You know you say that, should we, Mr. Mayor, we see that the morning tabloid is now going to have a new boss. Should we send our congratulations and welcome her back to Miami? I make that in the form of a motion. Mrs. Kennedy: I second. Mr. Plummer: That we welcome Janet Chusmir back to Miami, which is her real home. We wish her well in her endeavors at the Miami Herald. I so move. Mayor Suarez: So moved and seconded. And to make it even more of an invitation, to come down and see what City Hall looks like and;understand when we make improvements why we make them. Mr. Plummer: I didn't say that. Mrs. Kennedy: You don't have to break that up. Come onl Mayor Suarez: Call the roll. 63 February 12, 1987 Mr. Plummer: I didn't say that. I don't accept that amendment. Mayor Suarez: I'll do it on my own invitation. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-151 A RESOLUTION EXPRESSING A WARM WELCOME TO JANET CHUSMIR UPON HER RECENTLY ANNOUNCED APPOINTMENT TO THE POSITION OF EXECUTIVE EDITOR OF THE MIAMI HERALD. Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Mr. Plummer: That resolution is to be hand -delivered and presented by Joe Carollo. 36. DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED FIRST READING ORDINANCE TO AUTHORIZE THE CITY MANAGER TO PERMIT SALE OF BEER OR WINE IN CITY PARKS FOR SPECIAL OCCASIONS (See label #38) Mayor Suarez: Item 49, is that the one that we're on? Mr. Odio: This is an amendment to the one known as the beer/wine permit ordinance for City parks. Mayor Suarez: You want more authority to issue beer and wine permits. Mr. Dawkins: Move it. Mr. Odio: So we don't have to keep bringing some other parks here. Mr. Plummer: More proliferation. Mr. Dawkins: Move it. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. Any discussion? Call the roll on 49. AT THIS POINT THIS ITEM WAS MOMENTARILY DEFERRED. ----------------- -------------------------------------------------------- 37. FIRST READING ORDINANCE: ESTABLISH FUND 111987 DANCE PROGRAM" TO SPONSOR DANCE PERFORMANCES (See label #34) Mr. Odio: I think we have to read the ordinance on item 48. Mayor Suarez: Read the ordinance on item 48, first. Mrs. Dougherty: This is item 48. Mayor Suarez: Call the roll. 64 February 12, 1987 i - - • 1] AN ORDINANCE ENTITLED- AN ORDINANCE ESTABLISHING A NEW REVENUE FUND ENTITLED 1987 DANCE PROGRAM IN THE AMOUNT OF $12,900 CONSISTING OF A GRANT FROM THE DADE COUNTY COUNCIL OF ARTS AND SCIENCES FOR THE AMOUNT OF $6,450 AND A CASH MATCH OF $6,450 FROM AVAILABLE FUNDS IN THE FY 1987 GENERAL FUND BUDGET, SPECIAL PROGRAMS AND ACCOUNTS MATCHING FUND FOR GRANTS TO SPONSOR A SERIES OF DANCE PERFORMANCES; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. Was introduced by Commissioner Kennedy and seconded by Commissioner Dawkins and was passed on its first reading by title by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo 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. 38. FIRST READING ORDINANCE: AUTHORIZE THE CITY MANAGER TO PERMIT SALE OF BEER OR WINE IN CITY PARKS FOR SPECIAL OCCASIONS (See label JJ36) Mayor Suarez: On 49 we have a motion and a second. Any discussion? Mr. Plummer: You don't have a motion. Mayor Suarez: Madam City Clerk, do we have a motion and a second on item 49? Mrs. Hirai: I would appreciate having one, Mr. Mayor. Mr. Dawkins: Move it. Mayor Suarez: So would I. O.K., moved. Do we have a second? For the record, I second item 49. Mr. Plummer: Motion made and duly seconded. Is there any further discussion? Hearing none, call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 10085 OF MARCH 18, 1986, AS AMENDED, KNOWN AS THE "BEER WINE PERMIT ORDINANCE" FOR CITY PARKS, BY AUTHORIZING THE CITY MANAGER TO PERMIT THE SALE OR DISPENSING OF BEER AND/OR WINE IN SOFT CONTAINERS IN ADDITIONAL CITY PARKS ON SPECIAL OCCASIONS AND FOR SPECIAL EVENTS OR PROGRAMS WITHIN PRESCRIBED LIMITATIONS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. Was introduced by Commissioner Dawkins and seconded by Mayor Suarez and passed on its first reading by title by the following vote- 65 February 12, 1987 0 is AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: Vice -Mayor J. L. Plummer, Jr. 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. Mr. Plummer: I'm going to vote no and I'm voting no because I'm scared it's going to cause us a problem in the future and I want my no vote to remind the Manager that we're going to be looking, you know, for the sale of beer and wine in these parks. I'm just scared to death of it to proliferate it more. So I'm registering a no vote to remind him to keep a damn close eye on it. 39. DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED RESOLUTION APPOINTING UNDERWRITERS FOR CONVENTION CENTER PARKING GARAGE REFUNDING BONDS (See label 041) Mr. Plummer: I think we ought to defer item 50. There's not really enough people here in the audience to talk on it. It's really not that important. Mayor Suarez: Item 50 is deferred until 1988. Item 50, Carlos. Mr. Carlos Garcia: Mr. Mayor, members of the City Commission, the City received seventeen proposals as a result for the R.F.P. for the refinancing of the Convention Center. A selection committee was formed including from City staff myself, Walter Pierce and Tony Pajares, and from the University of Miami Diane Cook, its Treasurer, and Ray Good, a member of the finance and audit committee. The criteria in the R.F.P. asked for the proposed structure of the financing and the projected fees, the experience of the firm in advance refundings, the structure of the firm in its capital base, who are the individuals who will serve the City in that financing, and the minority participation. Based on that criteria, we held a meeting. Involved in that meeting was the City Attorney's office with John Copeland, Adriane McBeth as minority procurement representative who ranked the minority procurement criteria. On the first vote, the seventeen proposals were short-listed to seven firms. On the second vote, Shearson Lehman Brothers with AIBC and Grigsby Brandford came as number one. Mayor Suarez: Why were there two votes? I don't understand. Why was there a first vote and a second vote? Mr. Garcia: That is the normal procedure that we follow. Mayor Suarez: Sounds like the church I attend where they do a first collection and then they do a second collection, in case.... Mr. Garcia: When you have a large number of firms, we try to short list those firms, otherwise some of the votes would be diluted to the firms that will not make the final list. Mayor Suarez: And the first vote was to.... Mr. Garcia: To short list the seventeen firms into seven firms. Mayor Suarez: Seventeen to seven. Mr. Garcia: Right. We voted for the five highest firms everyone of the five members, and we came up with seven firms that had very high number of votes. From those seven firms we went to a second vote process in which, as I said, Shearson Lehman came number one with the other two participants. Drexel came up as number two. And in a tie, we have Merrill Lynch and E.F. Hutton. We took a third vote to untie number three place and we came up with Merrill 66 February 12, 1987 Lynch as number three. We are submitting to you the recommendation of the selection committee for a final decision. Mr. Dawkins: Two questions, some time ago, it was observed that the City of Miami had $6,000,000 in uncollected waste fees and at that time Coopers and Lybrand took it upon themselves to do a pro bono examination and develop a system by which to collect the $6,000,000. Ain I right this far? Mr. Garcia: Basically, Commissioner, yes, you're right. Mr. Dawkins: All right, take out the basically and tell me where I'm wrong. Mr. Garcia: It was not a pro bono work that they were doing for the City. It was part of a contract with the City. They are supposed to do a limited management services engagement as part of their annual audit of the City. Mr. Dawkins: All right, if it was a contract, why did we give them another contract when they had the work completed? Mr. Garcia: Because the first management services work was very limited. I think it's limited to about forty hours or I'm sorry, one hundred hours of work. Mr. Dawkins: This is the third time I've raised this. This is nothing new. Mr. Garcia: It's a very good point, Commissioner. Mr. Dawkins: If their scope of services was limited, and I were the contractor and I wanted more work, I myself would go and look for something else to do. Would I not? Mr. Garcia: That's an alternative that is a possibility. Mr. Dawkins: All right, then, when I look for something else to do, and you extend my contract, you extend it because I looked for something to do and I found it. Is that correct? Mr. Garcia: I don't think that was basically the case, Commissioner, if I may say. When they came back to the City and they indicated what they had found and they felt that was additional work required and they made a proposal to the City to do that additional work at the rate of.... Mr. Dawkins: No, no, no, no they made an agreement, not a proposal. Mr. Garcia: First, sir.... Mr. Dawkins: Because I asked why didn't we go out for a proposal. I raised that question. Mr. Garcia: First they made a proposal to the City. The City could have taken that proposal or the City could have gone out and get bids. Because the amount was $48,000, there was no legal requirements to get bids. Professional contracts under $50,000 are exempted from that bidding requirement. It was the administration decision in that particular time, to make a recommendation to the City Commission to go with Coopers and Lybrand because they had already done a certain amount of work and the administration felt that it was going to be cost effective to keep them instead of going out and getting a firm that had to start with familiarizing itself with the City and the Solid Waste system. Mr. Dawkins: O.K., I take that to mean, and you tell me if I'm wrong, that because Coopers and Lybrand knew what the problem was then they could help solve it more readily. Is that correct? Mr. Garcia: That is true, yes, sir. Mr. Dawkins: Now with the firm who did the pro bono work here, and this was pro bono, and I raised the question then how could you have given the work to Coopers and Lybrand and not give it to these guys, and you said it had to go out for bid. Now what makes the policy different? 67 February 12, 1987 Mr. Garcia: I think the difference is the amount of the fees. In the case of Coopers we were talking about $48,000; that is under $50,000. In this case, we are talking about total fees in hundreds of thousands of dollars, in which case, the requirements are different. Mr. Dawkins: O.K., one more question and I'll be finished. In your second vote, you have Shearson and Lehman, Drexel Burnham, E.F. Hutton, and then you took another vote between B.F. Hutton and Merrill Lynch. Mr. Garcia: Yes, sir. Mr. Dawkins: O.K. Drexel Burnham, although it was a requirement, came in with no minority participation. Is that correct? Mr. Garcia: Yes, sir. Mr. Dawkins: E.F. Hutton, did they have any minority participation? Mr. Garcia: No, sir. Mr. Dawkins: Did Merrill Lynch have any minority participation? Mr. Garcia: No, sir. Mr. Dawkins: How was it a responsive bid? Mr. Garcia: O.K., the bid was responsive. Adrianne McBeth is the person rated the minority participation. Mr. Dawkins: No, no, no, no. Mr. Garcia: No, let me say.... Mr. Dawkins: I'm not interested in who rated it. Mr. Garcia: Let me say.... Mr. Dawkins: I want to know how you arrived at the decision that even though these companies did not have minority participation, they were responsive. Mr. Garcia: They said that they will have, if selected by the City, they would have minority participation. A reason is that out of the seventeen proposals, only three firms had minority participation because in fact there are only three groups of minority firms in the country. We don't have, unfortunately, seventeen minority firms that they all of them could team up with. Mr. Dawkins: Did your number five group have minority participation? Mr. Garcia: Number five? Mr. Dawkins: You're number four now. Mr. Garcia: No, air. Mr. Dawkins: They didn't? Mr. Garcia: E.F. Hutton you're talking about? Mr. Dawkins: No, Goldman Sachs, did they have minority participation? Mr. Garcia: Yes, sir, they did. Mr. Dawkins: There again, I'm only asking questions. I don't know. It would appear to me that if Shearson and Lehman had minority participation and Goldman Sachs had minority participation, they were the only two responsive bidders in my opinion. Explain to me why my opinion is wrong. Mr. Garcia: I don't know if I should defer that to the City Attorney, but as long as they said that they were willing to.... 68 February 12, 1987 Mr. Dawkins: Did the R.F.P. say that you had to have it or that you had to go out and get it or if you went out and got it we would consider you or what did it say? Mr. Garcia: The R.F.P. said that was a requirement of the City that there would be minority participation. Mrs. Kennedy: Commissioner, let me ask you, what you're asking is what kind of rating system they used? How much weight was given to the minority participation? And what Carlos is saying that these firms, even if they wanted, they couldn't find it. Mr. Garcia: That is true. Mr. Dawkins: No, what I'm saying, Commissioner, is that when it comes to Blacks, they change the rules. Mrs. Kennedy: Yes. Mr. Dawkins: And they do it constantly. Now any time it's White folks, they don't have to worry about who's responsive and who's unresponsive. But the minute it comes to Black firms, then they come up with who's... oh, yes, they're responsive, although they didn't meet the specks, they're responsive. I have a problem with it. I may as well tell all of you; I got a problem with it. But it doesn't do any good because I keep telling you. I keep telling the Manager. Maybe when the time comes to evaluate the Manager, I give him a negative evaluation, then he'll pass it on down and somebody gets fired. Mr. Garcia: Commissioner, we had representation from the legal department and they felt that the proposal was responsive to the R.F.P. Mr. Dawkins: That still does not erase my concerns. I wouldn't care if you had my mother and my father on there, and I respect them dearly. Mr. Garcia: Yes, sir, I understand what you are saying. Mr. Dawkins: That still doesn't erase my concerns is that when it comes to us Black folks, you change the rules in the middle of the game and we have to accept it. Mr. Garcia: The only thing that I can make, Commissioners, is that the number one ranked firm has Black participation. Mayor Suarez: Carlos, one quick question and then I'll give you a little longer one. Why short list three, and not, for example, five? What's magic about three? I know we need no less than three. Mr. Garcia: It seems to be a reasonable number. It could have been five. It could have been two. It could have been only one. Mayor Suarez: Fine, thank you on that question. If, for example, the number two firm, that's Drexel Burnham, had had minority participation, where would they have been rated? Mr. Garcia: I don't have the numbers. The firms came very close together. Possibly they could have been number one. I couldn't say that for a fact, but possibly it could have happened. Mayor Suarez: Obviously they had a problem with only three firms nationally that can do this that are minority and seventeen bidding and a lot of firms are not disposed to be involved with more than one at a time because it violates industry practice and it gets into all kinds of hassle's. I'm going to have a proposal at some point, but I guess we ought to -hear first from the.... I Mrs. Kennedy: So, Carlos, had all of them had minority firms, what would have been the difference, let's say between one and five? Are they that close? Mr. Garcia: They came very close together. Of the top five firms or seven firms, they all came very close together. Of these seventeen firms that we have here, I could tell you that at least fifteen of them can do a very good job of selling the bonds. We have no concerns about that. Still we followed 69 February 12, 1987 a selection process and we felt that it was open, independent, clean process and that's why we are making the recommendation to you. mr. Plummer: Carlos, for my edification, and I guess that I don't know, that's why I'm asking the question. I am concerned in looking over that I see a spread before the proposed issue of everywhere from $50,000,000 issue to $72,000,000 issue . Now it would seem like to the uneducated mind, that the smaller the issue, the less you have to pay back over a period of time. Is that... why... if you go to the lowest bidder, that's $50,000,000 issue. Why is that not important, because the three that you recommended, the third one that you recommended is the highest at $72,000,000. Shearman is at $63,000,000. Drexel is at $66,000,000. But yet we have a company who says that the size of the issue would be $50,000,000. Explain to me how important that criteria is to us, the taxpayers, over the long haul. Mr. Garcia: Yes, sir, I think when we are looking at the proposal of the financing, we are looking at the creativity of the firm, what thoughts they have in their mind. The numbers that they have are not cast in concrete by any means. I can guarantee you they will fluctuate quite a bit. What we're looking at is a structure more than anything else, and that it is reasonable. In some cases, some of these proposals are just too optimistic, pie in the sky kind of situations, really hard to accomplish. We also looked at how realistic the proposal was besides being creative. In this case, we're looking for a refinancing, we're looking to compare the future debt service cost to the current debt service cost, and more than the amount of the bond issue, what we are concerned with is what kinds of savings we'll have, the future debt service compared to the current debt service. But again, you have to take that with a grain of salt and realize that a lot of these proposals are not that realistic, that a lot of them are just wishful thinking. You can see the different interest rates they are using. There are so many variable there. Mr. Plummer: But that's the point I was trying to make, Carlos. You're only looking- and I'm using this in the broad term- of a half point difference between all of the firms, yet one firm is recommending a $50,000,000 issue, which is a hell of a lot easier to pay back than the firm that is recommending the $72,000,000 issue. There is really like a half a point spread. Mr. Garcia: , Commissioner, as I said, it's the total debt service what really matters in this case, not the amount of the issue itself. It is a very complex situation. I cannot really explain to you in detail what it entails, as I said, the important issue is the savings. Mr. Plummer: To the uneducated mind it is easier to pay back $50,000,000 than it is $72,000,000. Mr. Garcia: Not in this case because we're using these monies, most of them are going to be put into an escrow account that is going to produce interest and pay up the old bonds. We are not... remember we still have the old outstanding bonds in most cases. In some cases, part of them will be paid off. In other cases, they will not. Mayor Suarez: The old arbitrage. Mr. Garcia: It is not necessarily arbitrage, Mr. Mayor. Mayor Suarez: It sounds like it. Let me just... I'm going to put the proposal before this Commission to see if maybe as we discuss this, we can consider features of it, if it makes any sense. I've thought about it as much as anyone, probably. All of us have been lobbied intensely. I would propose to the Commission at some point, after we hear all the presentations, that we accept one of the firms recommended in the top three. I would*specifically recommend the number two firm, for the reason that they may very well have been number one, and they have the potential for picking up Daniels and Bell, M Securities, which did a lot of the spadework and without which we might never be where we are and we might never be in the position of saving six or seven hundred thousand dollars a year for at least the first six or seven years and thereafter a slightly lesser amount. But that we stick to respecting the integrity of your recommendations and of the process, to one of the top three, with instructions, if it is the second or third firm, neither one of which has a minority component, that they go back and negotiate up to a management fee, particularly in the case of the second firm, that is 70 February 12, 1987 equivalent to that of the first firm, which I believe is a hundred a fifteen thousand or so, where the second firm only had fifteen thousand for a management fee with Daniels and Bell and M Securities. That we then and that we make the recommendation conditional on that renegotiation with the minority firm, which indeed is part of our specifications, so they're going to have to comply with that anyhow. And that thirdly, we short list the top five firms, which gets us to Goldman Sachs, which also had a lot to say with our being where we are in that they also did a lot of the spadework and made a proposal which came to us from our joint partner in this project, the University of Miami, and we short list the five, the first one, or the one of the five already getting this particular refinancing, and the other four on a rotating basis for the next twelve months being considered for all the future financing by the City. The idea of that would be as we do with bond counsel, that we rotate and actually get to all five of the top five within the first twelve months. I understand this is the biggest bond issue. I understand this is the one that everybody wants. This is the one we're ready to move on. I just can't think of any other way around the impasse. I do want to take into consideration, as Commissioner Dawkins said, the firm that brought us to where we are. We may never have realized the savings that we could generate through this refinancing were it not for them and I think that ought to be considered, and that is the proposal that I make. Mr. Dawkins: Two things, Mr. Mayor, did any local firm submit a proposal? Is there anyone locally? Mr. Garcia: That was a local firm that submitted a proposal by itself, First Equity. Mr. Dawkins: Can they do the job? Mr. Garcia: I don't think by themselves they can do the job. They can be co - managers of the deal, but not managing underwriter as such. Mr. Dawkins: The second thing is I'd like to say to the firms that were chosen, this is no reflection on any of you; that they have a system. I have a problem with the system, but we have to follow the system. I don't know what we're going to do up here, but I've spoken with the top three individuals, companies and either one of them, in my opinion, unless something drastic is shown, somebody is going to have to come out of that. If Mr. Gary can show that his company should be three and we vote to put them three, we still would choose from the top three. Mrs. Kennedy: Carlos, do you have any local competent local firms that were excluded for any reason? Mr. Garcia: Well, First Equity because of their size, they were not fully considered as a managing underwriter, so that exclusion we had. Mayor Suarez: Let me just add one other thing on the proposal that I made, another feature would be that the second firm that would be considered after this particular issue would be the top rated firm, which should also, I think, be fair to them in that we're very likely to have another bond issue within the next twelve months. Mr. Dawkins: I beg to... I wouldn't vote... I mean, you can do that, but I wouldn't vote for them. Mayor Suarez: O.K. Mr. Dawkins: O.K., no problem. Mr. Howard V. Gary: Mr. Mayor, members of the Commission, my name is Howard Gary, 1390 Brickell Avenue, M Securities. I'm here representing the team of Goldman Sachs, Daniels and Bell, and M Securities. For the record, I have not been City Manager of Miami in excess of two years, for the newspapers. Mr. Plummer: Hell, there were plenty claims that it was longer than that. Mr. Gary: It's almost... it's been nice, Commissioner. Let me just make some points regarding this issue. I'm glad the Commission talked about the system, because that's what I want to talk about today. I like to first mention to you that your Finance Director, Carlos Garcia, has said that all the firms are 71 February 12, 1987 qualified, not just those three. I raised that issue before, if we were qualified to bring the deal to the table and nobody wanted to bring it, why aren't we qualified now and the comments were that we were all qualified. I'd also like to snake a second point. That is that the point was raised by your Finance Director that there are only three or four minority firms across the country. There are actually twenty minority banking firms around the country. Everybody has access to those firms. I think that's important to note. What I'd like to talk to you about basically is the selection process and why we think that the team of Goldman Sachs, Daniels and Bells, M Securities should have been in the top three. I'd like to go back to you historically. Commissioner, Vice Mayor Plummer, Commissioner Dawkins primarily, as well as the Commission was concerned, that a refinancing of the Knight Convention Center could begin to save the City money as related to the drain of the General Fund, as a result of its contribution to the Convention Center. Your City Manager also thought that could occur. He went around to a number of firms requesting that they submit proposals as to whether or not this could happen. A lot of these firms decided they weren't really interested in that for a number of reasons. Some of them felt that they had too much to do at that particular point in time. They didn't know what kind of effect the tax law would have on it; or maybe they thought the market was not good. There was only one firm that said, "We think it can be done." There was only one firm that was willing to put the time and the money and the effort in to doing the proper research to determine whether the City of Miami could save some money, and that firm was Daniels and Bells and M Securities. There was only one other firm that also was willing, that was Shearson, I'm sorry, Goldman Sachs. What did we dot We didn't just tell the City, no it can't happen, go away. We went and got the original deal, the people who made the original deal and we asked them to participate with us. We went and got the original underwriters, Mudge Rose, who originally financed or did the underwriting legal work for the financing of the Convention Center. We brought them down. We met with your staff. We went over all the legal documents. We contacted your bond counsel. We came up with a proposal that said you could save some money. Then the City decided that it was going to go out for an R.F.P. even though at the time we questioned whether that should happen because three firms had been contacted and there were three proposals, even though some of them gave you half proposals. But we said, that's fine. We'll be happy to do that. Understanding that we thought we had the best team, we had the best proposal, and given everything else, because we brought the deal and actually put the savings before the City, that we would at least be ranked in the top three. We find it difficult that did not occur. Let's go over your selection process. The City selection process had a number of questions. Let's talk about question number one which addresses the issue of financial structure. We think we should have been in the top three on that. We also think it should have been reviewed in terms of just partial refunding, which addresses the question that you raised earlier, Commissioner, Vice Mayor Plummer, in terms of the greatest savings to the City. Our proposal had the greatest savings to the City. In terms of management fee, there was a concern that we were excluded because we had management fee. I think this is an important issue for the City for the mere fact historically in the City of Miami, and throughout the country, the major firms have had management fees for themselves, even prior to having minority participation. But it's critical to have management fee because most times the only way minorities can be guaranteed of getting compensated for their work is to have management fee. So we don't think management fee should have been given the weight that it did, and even if it did, members of the Commission, your number one firm, Shearson, has management fee, and it did not affect them being rated number one. The second point, the experience of the firm in advanced refunding in Florida. Goldman Sachs should have been ranked in the top three. That's behind Merrill. The only firm that should have been ranked higher than us was Merrill. We should have been ranked number two on that category. The structure of the firm in its capital base, we kind of question -how that was asked for the mere fact that it's not so much how much capital you have, it's how much excess capital you have in order for you to take oxL new deals. In terms of excess capital, Goldman Sachs is number one nationally. We can't understand why we were not ranked one, two, three in that category. In terms of the team, I don't think there is any doubt that Goldman Sachs ranked number one nationally along with us if we did the original deal and said it could be done and nobody else said it could be done or they were not interested, should have been ranked in the top three. In terms of minority participation, there is only one other firm other than us that has minority participation, that is Shearson. We should have been ranked in the top three. But more importantly is we've reviewed the rankings and the voting as it took place. Basically, if 72 February 12, 1987 you looked at the ranking, and this is the actual voting process that occurred. Mrs. Kennedy: Excuse me, Howard, do we have that information? Mr. Plummer: No. Mrs. Kennedy: We don't, O.K. Mr. Gary: I don't know whether it was in your packet. Mr. Garcia: I have copies. Mr. Gary But I'm sure staff had it.. Mrs. Kennedy: Could I see a copy of that, please. AT THIS POINT THIS ITEM WAS MOMENTARILY DEFERRED. 40. OPEN SEALED BID FOR CONSTRUCTION OF NORTH RIVER DRIVE HIGHWAY IMPROVEMENT- SOLE BID REJECTED. Mayor Suarez: As long as we're doing that would you proceed to open bids on item 65. Mrs. Hirai: Mr. Mayor, these are sealed bids. Only one was received, by the way, for the construction of North River Drive Highway Improvements, second bidding. The bid comes from Williams Paving Company, Inc. Total Bid: $1,263,532.00 Alternate Bid: $1,819,357.00 Mayor Suarez: Doe that meet the ordinance requirements? Do you know what the estimate is? Mr. Plummer: What item is this? Mayor Suarez: 65. Mrs. Hirai: Item 65. Mr. Plummer: You know it's hard for me to conceive a million dollars' worth of work and we only have one bidder. Mayor Suarez: What was the estimate? Mr. Bill Parkes: The estimate, the base bid was $1,100,000, so they exceed that by $163,000 and some dollars. The alternate base bid was $1,700,000; they exceed that by $119,000 plus. So we'll have to look at that and see if whether we recommend it. Mr. Plummer: Well, let me ask this question. My thoughts are that we throw them all out and rebid again. I just... something just doesn't ring true with me that you have a million dollars worth of work and have one bidder. You have an awful lot of paving companies in this.... Mayor Suarez: The alternative bid is actually close to two million and we have only one bidder. Mr. Plummer: And it's the same company. c Mr. Parkes: We advertise; we do it legally. We advertise it. We even send out to the.... Mr. Plummer: How many bidders picked up the proposal? Mr. Parkes: Eighteen. Mayor Suarez: Don't we have to reject it if we're not within 5%? Wasn't that...? 73 February 12, 1967 Mr. Parkes: Eighteen bidders picked up the specs and plans. Mayor Suarez: l believe that we have to reject it by our own statutes that you proposed. Mr. Plummer: Is it over 5% difference? Mayor Suarez: Yes. Mr. Plummer: Well, then they are automatically rejected. Mayor Suarez: I think they are. Make a recommendation on that to us at the appropriate time. Mr. Plummers Why do they even bring it here if it is automatic? Mayor Suarez: We just opened it. Mr. Parkes: We just opened it. Mr. Plummer: Oh, I'm sorry. We didn't know it. 41. SELECT UNDERWRITERS FOR CONVENTION CENTER PARKING GARAGE REFUNDING BONDS; FURTHER DISCUSSION REGARDING BOND UNDERWRITERS FOR CONVENTION CENTER PARKING GARAGE REFUNDING BONDS; CITY SHALL REMAIN OPEN TO RECEIPT OF NEW BIDS FROM UNDERWRITERS FOR BOND ISSUES; INSTRUCT MANAGER TO HAVE BUILT IN PREFERENCE FOR LOCAL BIDDERS; COMMISSION TO GET AT LEAST THREE UNDERWRITERS FROM WHICH TO SELECT (See label #39) Mayor Suarez: Mr. Gary. Mr. Plummer: Mr. Mayor, I want to say to Mr. Gary and to others, I have to walk out this door at 12:00 o'clock. You all talk as long as you want, but I'm walking out the door. I will be back promptly at 2:30. Mrs. Kennedy: Gary, what page of this report are you, now that we have it? Mr. Dawkins: I would like to hear presentations by all groups. Mayor Suarez: Everyone is going to be heard. Mr. Dawkins: So if we have to come back at 2:30, that will be at 2:30. Mr. Howard Gary: It's the voting tally, it should be the total package there. Mr. Plummer: The second page. No, it's more than that. Each page is each individual of how he voted. Mr. Gary: Let me summarize what you have there. On the first vote the firms were evaluated by the selection committee. Seven firms were selected from this group. The firm rankings are as follows: Shearson came out one; Drexel, two; Goldman Sachs, three. That is the way the first vote came out: Shearson, Drexel, Goldman Sachs team. In the second voters' selection, we have concerns about how could Goldman Sachs be ranked lower than third in view of the facts that the qualifications did not change from the first vote to the second vote. In fagt, the firms that were ranked first, Shearson.... Mayor Suarez: That's a mathematical reality if you go from seventeen to seven and then take another vote, that can happen all the time, you know. Mr. Gary: Well, let's look at the evaluative.... Mayor Suarez: I'm not saying that's the smart way of doing it. Mr. Gary: The evaluation technique, then, you have to also question too in terms of looking at the criteria, how could it be that Shearson, number one, 74 February 12, 1987 from the first is also number one to the second; Drexel is also second. And a fourth Merrill in the first place vote received the same ranking in the second vuca. gnat we're saying is that the same criteria had been used for the first two votes as it was for Shearson and Drexel that Goldman Sachs would have also been ranked third. I think the bottom line is, and I will conclude, and that is that the firm that brought the deal to the City in terms of being able to save money, we find it very difficult that those firms are not in number three, and I think what I just demonstrated to you reveals that Goldman Sachs, Daniels Bells and M Securities should be in the top three. Usually, historically, not only in this City, but throughout, and a lot of these bond companies will tell you, if they'd like to adroit it today, that usually the team that comes in and brings the deal before an R.F.P. does all the work, usually gets the deal. It seems as though now we're changing that. Thank you. Mayor Suarez: Who wants to make a presentation? Mr. Richard Montalbano: My name is Richard Montalbano, Managing Director for Shearson Lehman Brothers, representing Shearson Lehman Brothers, Grigsby Brandford, which is a Black minority firm, and AIBC, which is Hispanic. Both Grigsby Brandford, AIBC, and Shearson maintain public finance offices in Miami. We do not take exception with what Mr. Gary has just reported. We firmly support the concept if the firm does do creative pro bono work, they should be recognized. In this situation, we have followed this very, very closely. In fact, I had personally suggested to Mr. Gary in April of last year to look into that situation and Daniels and Bell and M Securities did do a lot of work in that prospect and we, in the industry, thought the City would recognize their effort. It was only after the City opened up for proposals that Goldman Sachs was brought into the process. We feel that we have consistently been responsive to what the City has requested. Last fall, again, we were ranked number one during an evaluation process having all the qualifications and the lowest price, having been thrown out our minority firms added to it Drexel team to do a deal. I do want to also reflect.... Mayor Suarez: What was that issue for? Mr. Montalbano: I believe that was a General Obligation issue, $20,000,000. Mayor Suarez: Who finally got it? Mr. Montalbano: Drexel at that time. We did in fact include a one dollar management fee, which is.... Mayor Suarez: You did not have the AIBC with you at that time. Is that what you said? Mr. Montalbano: We had two minority firms at that time. We had AIBC with us also at that time, sir. We did include in our proposal what we thought was creative, a one dollar management fee, which is $63,000 and Shearson would disclose it would take zero compensation and 100% of that was going to be paid to the minority firms, so again, on basis, our minority firms agreed if the City required zero management fee, they would forego, but that's really the only way they get compensated. That's all we have to say on behalf of our team. Thank you. Ms. Lynn Dannheisser: Good morning, my name is Lynn Dannheisser. I'm with the law firm of Holland and Knight, 1200 Brickell Avenue, Miami, Florida. I represent Drexel Burnham in this matter. There is an old saying among lawyers that, if you don't have the facts, you argue the law; and if you don't have the law, you argue the facts; and if you weren't included in the selection process, you argue with the process. I think that is exactly what we're hearing here. This was a fair process. It was one that took a lot of time. It was one in which the numbers were carefully evaluated and Drexel Burnham did come in within the three. I would like to introduce to you Anton Burnett, who will talk about the deal and the minority participation. Mr. Anton Burnett; Hello everyone, my name is Anton Burnett. I am Vice President of Drexel Burnham, out of New York. We have a local office here in Miami. We just want to take this opportunity to indicate what we did in this process and exactly how we came out. Our record, we believe, of minority participation is unmatched on any street on Wall Street. We literally called on everyone, every minority firm that was involved in the R.F.P. process and 75 February 12, 1987 at that time indicated that they were committed to other firms. Whenever we have to submit a proposal with minority participation, our record of minority participation, I think, is exceptional, we never ever go without a minority participation. In fact, in many cities across the country, such as Atlanta, Chicago, we encourage minority participation. We believe that our bid for doing the underwriting is very, very competitive and to address the issue of zero management fee, we indicated in our proposal a process or a solution to address the concerns of minority firms not getting any management fee. We recognize that is a very important aspect of fee income. What we suggested in our proposal was that, yes, any national firms that are involved in the R.F.P. process or selected as underwriters, will work at zero management fee. However, the City would negotiate directly with any minority firms that are involved in the underwriting group to negotiate with them directly a management fee. So, in other words, the national firms would be out of the process in negotiating fees with minority firms that.... Mayor Suarez: We would impose the marriage is what you're suggesting. We would negotiate, select the minority participant and then impose it on the one selected. Mr. Burnett: Whatever criteria you would like to come up with for compensating the minority firm and also whatever amount you think is commensable with the work that they have done, you would negotiate that fee directly with them and all the national firms that work at zero management fee. Mayor Suarez: What are the savings, if you have a calculation, -I wish I had asked of the other two. Maybe they can come back and tell it to us- to the City from your particular proposal? Mr. Burnett: In our particular proposal, we ran numbers, well, I can give you updated numbers as of this morning. The approach we recommended was a total savings of about twelve point five, twelve point six million. Mayor Suarez: You assume a prevailing interest rate in calculation of total savings? Mr. Burnett: The prevailing rate as of this morning. Mayor Suarez: That obviously could vary. Mr. Burnett: That's right. O.K., well if you want to use the rate at the time of proposal, that's a different number. The point I'm trying to make is that the savings that are.... Mayor Suarez: What was the figure again? Twelve what? Mr. Burnett: Twelve point six million in total cash savings. In present value basis, that amount would be about five point six. Mayor Suarez: How much per year up front? Mr. Burnett: On the up -front solution, you would get about eight hundred... I'm sorry, on the up -front solution, you would get about six point three million and five point million on a present value basis. Mayor Suarez: But how much is the savings per year on the first few years? Mr. Burnett: In the optimal solution we came up with, the savings were almost a million dollars a year. Mayor Suarez: For how many years? Mr. Burnett: For seven years. We recommended three alternatives that we think the City would be interested in. Again, the thing we want to stress is that we recognize that coming with a zero management fee the minority firms don't have the opportunity to make that kind of money. The solution we propose is that the City negotiate that with the minority firms directly. One other point, after learning that we were selected number two, we contacted the minority firm or the firms of Daniels and Bell and M Securities to indicate or to solicit their interest in working with us. At that point, as I stand here today, I think I can fairly say that they would be interested in working with 76 February 12, 1987 us if we were selected as senior manager. Again, we would be interested in working with them. We have across the country and in several other cities again, Atlsn`^ an- Chi:ag^, --a have worked with Daniels and Bell, actually have been instrumental in bringing them into deals in which we had an opportunity to influence their participation. Mr. Dawkins: You did tell me you got past fifth grade. Didn't you? Mr. Burnett: Yes, I did. Mr. Dawkins: I'm beginning to doubt it. Mr. Burnett: Oh, you are? In what way? Again, we just want to do what's beat for the City. We recognize that minority participation is an important aspect. Mayor Suarez: Thank you, Anton. Ms. Dorian Frasca: Good morning. My name is Dorian Frasca. I'm a vice president with Merrill Lynch in New York. My associate is Cody Press, also from Merrill Lynch. We are very gratified to be here, delighted to be a finalist. I'd like to highlight several factors in our proposal, which I think makes Merrill Lynch an extremely strong candidate for this refunding. Our management fee we had listed as a dollar. We are willing to give that fee in its entirety to the minority firm that will participate in the deal and we would be delighted to work with Daniels and Bell and M Securities, and I think the feeling is mutual. We've worked with them very closely in other syndicates. They've been very pleased with the treatment they've gotten in the allocation of bonds, which is a very important factor. A firm does not make money unless it has bonds to sell. They've told us they've been very satisfied with the working relationship we've had with them in the past on that point. I'm going to ask Cody to let you know about the savings that we feel are available to the City in this refunding. Our savings levels are extremely aggressive and they're based on realistic numbers in today's market place. Mr. H. Cody Press III: Good afternoon, Merrill Lynch can save this City seven point seven million dollars, present value savings over annualized over the life of the bond issue. Mayor Suarez: What does that work out as a schedule of the first few years, Cody? Mr. Press: That works out to about say six hundred thousand per year. If we would push the savings into the first five years, we would be able to save the City six point seven million present value savings. That would be approximately one point four million over the first five years. A couple of other things that we have been.... Mayor Suarez: What is the total savings at present value? Mr. Press: Total savings annualized would be a little over fifteen million dollars. One of the other things we had explored was having the debt service reserve fund insured. What that would do in addition to the seven point seven present value savings, would provide the City with an up front cash flow of five point five million dollars, which would be shown in a reduced issue size. Obviously we would work with the City to structure this transaction so that it would meet the budgetary needs of the City. One other idea we did have would be to put in an early call feature.... Mayor Suarez: Wait a minute. Reduced issue size and gives u$ an up front figure of five million whatever? Wouldn't that be an increased issue size that then gives us the cash available? Mr. Press: Actually what we would be proposing to do to eliminate the debt service reserve fund, which is now over five point five million dollars, and have the City buy an insurance policy, so it would actually reduce the size of the issue. Mayor Suarez: So you eliminate the reserve fund and give it to us and buy an insurance policy. How much would that insurance policy cost? 77 February 12, 1987 Mr. Press: it would be 5% of the proposed debt service reserve fund, 5% of what the debt service reserve fund would have been. In regard to Vice Mayor Plummer's comments on the difference in issue size. The issue size would fluctuate, depending on the amount of bonds that the City would actually refund. If the City refunded all of their bonds, obviously, you'd have a bigger issue site. If it did not refund all its bonds, it would have a smaller issue site. But you have to remember that you would still be paying debt service on the old bonds. So the key to it is providing the most savings to the City. One other idea that we had that we think is pretty innovative is the fact that we can provide this City with an early or an immediate call feature and due to the restrictions in the new tax bill, this would give the City... have the opportunity to give the City savings in the future by doing a current refunding. So we think those ideas are on the cutting edge of what's happening on Wall Street and you know we're prepared to get the City an early call feature. If you have any questions, Bill, James, Dorian and I will be happy to answer them. Mayor Suarez: You're talking about an early call issue feature. Are you basically saying it's sort of a fast tracking of the refunding at any point during the life of the bond. Is that what you're saying? Mr. Press: Yes, actually, it would allow you to do a current refunding. To currently refund the bonds, as opposed to advance refunding and put the monies in escrow. Thank you. Mayor Suarez: Anyone else? Mr. Plummer: Did we hear Shearson say what they anticipated what the life of the bonds...? Mayor Suarez: Good point. Mr. Plummer: ....or the savings would be? Mayor Suarez: Give it to us in annualized and also in present value if you have it, Dick. Mr. Montalbano: Well, we're going to be giving you is what we submitted, which was done on December 30th. We were not informed that there would be presentations. The market has improved over a half a percent, so all the numbers are substantially better that you're hearing today. Our numbers, in fact, would... our best scenario, we presented four different scenarios and we had a total savings of eight point eight million dollars. I think some of the aspects, as far as insurance, you'll see that have been done. Your financial advisor takes a significant participation in that ultimate structure and trade off. But just to answer yours, we were almost one million dollars a year in the December 30th market. Your financial advisor can tell you the market.... Mayor Suarez: How many years, one million a year roughly averaged for how many years? Mr. Montalbano: That was over the remaining term, the outstanding term of the bonds. Mayor Suarez: That's on your front alternative? Mr. Montalbano: No, that's annualized. On our front alternative the money in the bank is approximately four point eight million dollars. That was in December. December 30th the rates were incredibly high -I think your financial advisor can substantiate that. Mayor Suarez: No, but let's say for the first five or six years, what are your annual savings on your front end alternative, if you have a front end alternative? Mr. Montalbano: If you were looking, in fact, which we understood your objective was also cash flow up front, but also eliminate or reduce the subsidy out of your general fund, we're showing in fact in our cash flow analysis, over a million dollars a year savings over the next five years. Mayor Suarez: About a third of what we lose every year. 78 February 12, 1987 0 Mr. Montalbano: Regardless of who you select, your savings are substantially better in this market. Mr. Plummer: Mr. Mayor, let me stop for just one minute because I think it needs to be said on the record. On behalf of this Commission, I think we need to thank the Advisory Board of the Knight Center. They were the ones who brought this issue to me. I went to the administration. Unfortunately, at the time, according to the administration, it was not feasible. We are now finding that they were right and times have changed, and there is the chance here regardless of who we pick of that great savings being made for the taxpayers of this community. So I think we need to say a thank you to the Knight Center Advisory Board for bringing this matter to this City's attention. I just want to put that in the record. Mayor Suarez: I'm still left with trying to meet two constraints and back to the same initial proposal. Those being rewarding the company that came up with the idea, companies of Daniels and Bell and M Securities. Also, for the integrity of your selection system going with the top three companies or the ones that are short listed by you and recommended to us. I think I'm very concerned really that we can actually rank these on a one, two three basis and so on, but trying to meet those two constraints, and at the same time a fairness objective, again go back to a proposal that we accept the number two recommendation with instructions that you go back and negotiate with Daniels and Bell and M Securities for an acceptable management participation by them that takes into account the full work that they've done, and that we at the same time, short list the other four of the top five firms so that for all succeeding issues for the ensuing twelve months, we on a rotating basis, beginning with the number one rated and all the way down, would first negotiate with those as we usually do for bond counsel. I make that into the form of a motion. Mr. Plummer: There is a motion made. Is there a second? There is a motion made. Is there a second? Mrs. Kennedy: I will second, and under discussion let me say basically the same thing. There were five firms that were all very close. However, I think we should honor the selection process. Otherwise, it could get really out of hand, but I also think credit should be given to the firm Goldman Sachs, who brought the deal to the City. So I'll go along with that, Mr. Mayor. Mr. Plummer: Further discussion? Commissioner Carollo. Mr. Carollo: From the administration, what is the administration recommending in preference as to which was the best deal, the best offer to the City from all these firms? Mr. Carlos Garcia: Commissioner, the selection committee recommended first number one, the first chosen, then number two and number three. Mr. Carollo: I have it before me, but has the administration looked over the different bids and proposals and come to any conclusions yourselves? Mr. Garcia: My recommendation would be to go with... we haven't looked at it from that standpoint. I have not, personally, as a part of the selection committee. Mr. Carollo: What I would like for the administration to do is to look at the whole process, look at the recommendation that the selection committee gave, and look at all the other areas that might have been missed and might have been added now, and come back to the Commission with a recommendation. You know, we're lay people. We don't have the expertise to really.make a sound decision on this. I don't think none of us are experts in this area. Mr. Plummer: Commissioner Carollo, I don't see that as being -pertinent to the motion on the floor. Let's if we can, deal with the motion on the floor, and then you can make your recommendation as to how we can proceed from there. Mr. Carollo: What I'm doing, J.L., is I'm making a request. Mr. Plummer: I understand. Mr. Carollo: If need be, I'll make it a request for deferral. 79 February 12, 1987 Mr. Plummer: But I don't think his motion speaks to that. Does it? Mr. Carollo: I think his motion.... Mr. Plummer: Xavier, does your motion? Mr. Carollo: No. Mr. Plummer: I don't see that as being.... Mr. Carollo: I think the motion is a motion to go ahead and award it already. Mayor Suarez: Right, to select Drexel Burnham in conjunction with Daniels and Bell and by obligatory merits, Daniels and Bell and M Securities and also short list the other four at the top five for the succeeding twelve months to be allocated our business on a rotating basis. Mrs. Kennedy: And rotate it around, always. Mayor Suarez: As we do with bond counsel. Mr. Plummer: Are you then, Commissioner Carollo, offering a substitute motion or a motion to defer? Mr. Carollo: I'm offering a substitute motion for deferment to give some additional questions as I've stated from the administration. Mr. Plummer: A substitute motion doesn't need a second, correct? A substitute motion does not. O.K. Any further discussion? We will then be calling the substitute motion first and we'll see what happens there. Call the roll on the motion substitute to defer. THEREUPON MOTION DULY MADE BY COMMISSIONER CAROLLO TO DEFER THE ISSUE OF UNDERWRITER SELECTION FOR THE CONVENTION CENTER GARAGE REFINANCING FAILED BY THE FOLLOWING VOTE: AYES: Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. NOES: Commissioner Rosario Kennedy Mayor Xavier L. Suarez Commissioner Miller J. Dawkins ABSENT: None. DURING ROLL CALL: Mrs. Kennedy: I usually vote for a deferral, however, and before I vote, Commissioner Carollo, do you personally need more time, or do you want just further clarification? Mr. Carollo: Commissioner Kennedy, I'll be very blunt with all of you. I, for one, am not prepared to vote for any of the firms here, whether they're listed one or number ten. I'm really not informed enough on a very complex area that is not in the field of my expertise nor anybody's expertise here. Mrs. Kennedy: Do you need more information than what we have been presented? Are you looking for additional information or more time to read it? Mr. Carollo: I'm looking not only for information, but for recommendations also from the administration, a combination of both. Mr. Dawkins: Before anything happens, let me say this, I am disturbed by this system, but this would not be the first time, nor the last time that staff made a recommendation and this Commission didn't follow it. Mr. Carollo: Absolutely. Mr. Dawkins: We do that constantly. So, and if we're going to get this behind us, let's get it behind us. We have a selection committee, and I said to you, Joe, before and I'll say it now, I have a problem with it. But in order to retain our integrity, we're going to have to go along with our selection process. 80 February 12, 1987 • • Mr. Plummer: Continue the roil call on the substitute. Mr. Dawkins: How did Commissioner Kennedy? Mr. Plummer: She hasn't, that's why I'm asking to continue the roll call. Mrs. Kennedy: I'm going to vote no, and as Commissioner Dawkins said, let's get this behind us. Mr. Plummer: The substitute motion fails. We're now back to the original motion. Is there any further discussion on the original motion? Hearing none, call the roll. Mr. Carollo: There is one statement that I would like to make. As I've stated before, based on the information and the knowledge I have in this area, I'm just not prepared to vote for any firm at this point in time. After what I hope would be additional information that I could have gotten from staff and some other things explained to me in laymen's terms, I might not have had any problems to go along with this resolution right here. Maybe I would have, I don't know. I'm just saying that I'm not prepared to vote for any firm and that's why I'll be voting no for this particular motion or any other motion if this one doesn't pass. Mr. Plummer: Further discussion from the Commission? Hearing none, call the roll. The following resolution was introduced by Mayor Suarez, who moved its adoption: RESOLUTION NO. 87-152 A RESOLUTION SELECTING AND APPOINTING DREXEL BURHAM LAMBERT AS UNDERWRITERS TO THE CITY OF MIAMI FOR THE CITY OF MIAMI CONVENTION CENTER - PARKING GARAGE REFUNDING BONDS, REFUNDING ALL OR A PORTION OF THE CURRENTLY OUTSTANDING $60,000,000 CITY OF MIAMI CONVENTION CENTER - PARKING GARAGE REVENUE BONDS AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE A CONTRACT FOR SAID UNDERWRITING SERVICES. Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. ABSENT: None. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 12:04 P.M. AND RECONVENED AT 2:43 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT EXCEPT COMMISSIONER CAROLLO. 81 February 12, 1987 NOTE FOR THE RECORD: item 81 was withdrawn. Mayor Suarez: Commissioner Dawkins Mr. Dawkins: Madam City Attorney, this morning during that item 50, we said that we were going to rotate the assignment of future bond issues and we have an REP out, is that illegal, or where are we legally on that? NOTE FOR THE RECORD: COMMISSIONER CAROLLO ENTERED THE MEETING AT 2:47 P.M. Mrs. Dougherty: Well, as you know, any professional service assignment, the manager must interview three candidates. What you can do as a Commission is say that the manager on any given issue must only select from these five candidates and can interview any three of them and make a recommendation to you. Mayor Suarez: Apparently, there was some confusion the way I drafted the motion or stated the motion. If it would be the commission's desire for future issues, begin the process altogether now setting up the guidelines that we are going to short-list as many as five or three and rotate from those. I have no problem doing that for future issues. Mr. Plummer: Mr. Mayor, one of the reasons I voted against that motion, by doing same... Mayor Suarez: ...you don't want to be tied down to twelve months... Mr. Plummer: Well, no, it's not that, it's the idea that if this process is a competitive bidding process, when you have locked three firms in and all the rest out, you have eliminated the competitiveness of the bidding process. If three firms know they're the only ones that are going to be in contention, it's going to be a hell of a lot different than if twenty firms know everybody's going to have to have a sharp pencil. In effect, in my estimation, that if you short-list it, and eliminate the competitive bidding you're never going to know what is the best deal you can get for the City and that's one of the reasons I voted against the motion. Mayor Suarez: Well there's no implication to eliminate any competitive bidding. I don't know what you mean by that. Mr. Plummer: Well, sir... Mayor Suarez: Anyhow, if you don't think it should be done for a period of, see what we have is seventeen firms that the City Manager feels almost all of them, if not all of them, are actually qualified and I was trying to be as fair as I could. If the commission would like to simply readdress that as each issue comes up, or to short-list for period of time or however, I have no problem with that. Mr. Carollo: Madam City Attorney, I think one of the most important things we need to establish, no matter whom the firm or firms are that or whatever is going to be done with them is just what are we going to charge and whatever solution you could see to that particular problem, I think there should be one that if we're going to be rotating, it should be equal for everyone. Mayor Suarez: The criteria were not particularly clear in this evaluation it didn't seem that we had specified clearly the management fee. tt didn't seem like we had clarified how the different criteria would be weighted and there was a lot of subjectivity to it, so I'd have no problem for future issues readdressing the whole process. And then I also didn't know there was one in progress. Are we very close to having a REP on a major issue of $40,000,000? Mr. Plummer: Have the RFP's gone out on that? Mr. Dawkins: Madam City Attorney, are you saying that of the seventeen firms, the manager takes the first five and selects three and then he goes to the next five and select three and submit to us and then he goes to the next five and submit three. Or, are you saying he selects five and submit three and 82 February 12, 1987 0 • whomever we choose out of that we add one from the seventeen, or what are we saying? Mrs. Dougherty: No, what 1 was suggesting is, i was following what the Mayor's suggestion was, taking the top five that were selected in this last competition, if you want to limit from now on, the selection of underwriters from those top five, what you could do as a commission is say 'manager, you must follow your code requirements of interviewing at least three candidates, but that interview must only be done within the context of those five top - rated f irms. Mr. Dawkins: ...but as Joe and the Mayor both said, how do we make it competitive? Mrs. Dougherty: Well, that's the problem with not doing it each and every time. Mayor Suarez: I think for one thing we ought to open up for all future issues the process of the people who are bidding will know that they have an opportunity to bid and then we may or may not go to a rotating system or short -listing, but certainly... Mr. Odio: I prefer if I may that we open it up to anybody that wants to compete and because of competition we can get a better proposal for the City of Miami that if we limit it to five or rotating they know they're going to get it so we won't get a fair...I think we need to have the creativity. Mayor Suarez: I think we all agree on that, but the Commission I think also is telling you that the way in effect it was an RFP that went out and this particular issue was quite confusing as to how the criteria would be applied. I mean it was very generally stated and then when the evaluations came in we had firms telling us that even though they were rated number 5 they should have been rated number 1. It was quite confusing. I think we ought to know exactly how it's going to be weighted. And Commissioner Carollo is saying we ought to know exactly, they ought to know what we expect to be paying by way of a management fee. Mr. Odio: I tell you what I will do. I will send to you a set of criteria that we will use to evaluate to leave this competition open so that we can get the best proposals in front of us and it might be one that now has not even bidded or others that have the opportunity to bid, knowing that the process is open they will bid. Mr. Dawkins: Okay, let me ask another question. Stand up sir. Here is a gentleman from First Equity. Mayor Suarez: Come up to the mike, you were not heard this morning. Mr. Dawkins: I don't need him to the mike. Here's a gentleman from First Equity, okay. Now he is a local vendor, but what's the maximum amount of bonding you can handle sir? Mr. Al Parera of First Equity: We have co -managed deals up to $150 million in size. Mr. Dawkins: No, no, what can you handle by yourself? Mr. Parera: Probably $25 million. Mr. Dawkins: $25 million? Okay, now here's $25 million -- if he gets a black firm in with him who can handle $25 million, and he gets a Cuban ,firm with him who can handle $25 million, that's $75 million. Now why do we need to go to the big companies? Mr. Parera: May I respond to that? My name is Al... Mr. Dawkins: No, no, I pay him the response sir. Mayor Suarez: We're going to let you say something. What happened Commissioner Plummer is that you were chairing the meeting and he was frantically waving. I think we all thought that he was with Shearson and he never got a chance to say anything. 83 February 12, 1987 Mr. Plummer: No, sir, we had cut off the discussion. It was commission discussion on a motion. That's why he was not allowed to speak. Mayor Suarez: He never got a chance to say anything on behalf of his company. Mr. Odio: To answer Commissioner Dawkins, we will rate the best proposal and if he comes in with the best proposal, he will be rated high. Mayor Suarez: But in evaluating the best proposal, why do you give so much weight to the size of the company so that in prior bonding experience as opposed to other criteria, why is that to important? Mr. Odio: Because it was only on this one, and it was only ten points. Mayor Suarez: Carlos, you can realistically expect that someone like First Equity can be rated among the top three if they do well on all the other criteria. As a local company, the only local company? Mr. Odio: I think it depends on the size of the issue more than anything else; but they could. Mrs. Dougherty: Following up with what Commissioner Carollo said earlier about the fees for the underwriters or the bond counsel. We've had now experience with several issues since you have given us the or since you selected the bond counsel that you have wanted to rotate and since we've had the experience of selecting them and negotiating on an individual basis, the bond counsel fees, we are going to bring back to you a schedule of what we think ought to be the bond counsel fees in every issue for every kind of case. Mrs. Kennedy: Good. Mrs. Dougherty: And we're going to ask you to adopt that so that it is equitable so it is fair, so everybody knows what fee they're going to get... Mayor Suarez: Is there an implication in what you're saying that we have saved substantial amounts of money? Mrs. Dougherty: We have saved much, a lot of money because we've been using local firms instead of having to divide the fees... Mayor Suarez: We got criticized by an important local newspaper for using that process last time. I thought it was a great idea and I think it's working out well. Mr. Dawkins: That's the only thing they criticized us for? Mrs. Dougherty: We have saved money, but we are going to ask... Mrs. Kennedy: ...not really... Mrs. Dougherty: you to adopt a schedule of fees for counsel. Mayor Suarez: Yes, I think it makes sense to adopt a schedule right off the bat. Sir, I really think you ought to be heard on this item even though we haven't voted to reconsider. Go ahead and make your statement. Mr. Alan Parera: I would appreciate it. My name is Alan Parera I'm President of First Equity Corporation of Florida. I perhaps missed my opportunity this morning, but in the interest of fairness I thought the commissioners would at least hear me out on this issue. We turned in the only proposal emanating from the RFP that your staff sent out and we turned it in as, a firm that has been in this community since the 601s, has sold perhaps between half a billion and a billion dollars worth of bonds, has extensive contacts on Wall Street, but unfortunately doesn't have the capital base of any of the other firms that submitted their RFP's. We're not any of those fine firms you selected and, in fact, we felt that we should be considered as a co -manager and not a senior manager and I suspect if you were to frame the question that you ask your staff if we are qualified to serve as a co -manager there wouldn't be any question. But the way... 84 February 12, 1987 Mayor Suarez: Did you thing of applying as a co -manager in conjunction with another firm or was that somehow excluded by the process, that possibility? Mr. Parera: That was not excluded by the process, but we thought that the staff and then the Commission should be entitled to make that judgment without prejudice, so we came in with our own credentials which we think are very substantial. We've been involved in this community for twenty years; we've been involved in, we've been good corporate citizens and have been involved in most of the minority causes so we came in with our own credentials which will never complete with those firms in terms of capital base or size of staff, but we've spoken to the needs of this community for twenty years, we've sold bonds from this community for many years, we've stood ready to make after -market bids on City of Miami bonds for that period of time, and the process, perhaps through nobody's fault, does not give you a chance to consider us and now we've been excluded from a financing emanating from our home office here in Miami. Mr. Dawkins: How long you say you've been in business? Mr. Parera: Since the 60's. Mr. Dawkins: 60's? What part of the 60's? 60, 61, 62, 63, 64, 65? Mr. Parera: As First Equity, since 1969, but I moved here in 19... or I started in 1960. Mr. Dawkins: So you've been dealing in bonds since 1970. Now you are aware of the reason we have the policy we have that we have just demanded that Cubans and Blacks and now with Sister Kennedy, women, be allowed to participate in this process, okay? Now, I hear you and I understand your dilemma, but I also do not understand why, knowing that we were determined up here to have Blacks and Cubans and women participate in this that your company did not say 'hey, look, we're going to get left out of this thing if we don't hook up since we are small and cannot compete against the big boys, we have got to coexist with a Cuban firm, a Black firm and a women firm or something so that we can be included in this and then you guys take that package and go to the big company, "and tell them," hey look, they are looking for us; you don't get it without us.' I mean, that's the only way I see to attack this. Mr. Parera: Commissioner, the response to that is that in your sense of fairness, you this morning I think moved some minority firms from one senior manager to another. We felt that the best thing we can do for this community is to come to you with our credentials and have you do that. As a matter of interest, our firm may qualify as a minority firm, it may. We haven't asked our attorneys, but I want to tell you that we have chosen to just compete on a level with the sixteen other firms. Mayor Suarez: What ranking did you get in this particular evaluation by -the - way? Mr. Parera: I would imagine it was near the bottom because questions of capital base we don't have Merrill Lynch's capital. Mayor Suarez: Let me tell you, for myself, I'm going to keep a close look and I think the entire Commission's going to do it in the future, for how these criteria are applied, because it seems like, you know, that the larger your company is the higher you're going to come to the top and I don't see that that should be the most important criteria. One other thing, we're trying to change to take into account local companies in our procurement, generally, not as to professional services, and we've been told that we have to change the charter of the City of Miami -- we have to have by referendum a change that allows us to give some priority to local companies in bidding generally, and we maybe ought to do that for underwriting services too. c Mr. Parera: Why wouldn't you have done it in this last deal. There's nothing.... Mayor Suarez: I don't' think at this point we can legally take that into account as a criteria. What I'm saying is we're going to have to change the charter to be able to do it as procurement in contracting generally. 85 February 12, 1987 Mr. Dawkins: We're going to change the Charter where to get the City of Miami's business you've got to live in the City, you got to work in the City, and you must be stationed in the City. There's no point in, just like we're going to buy some automobiles in a few minutes, that they were going to purchase in Daytona Beach -- $1,600,000 worth of automobiles in Daytona Beach. That doesn't help one mechanic to work here in Dade County, so we're going to purchase them here. And, also, as the City Attorney said, because of the Charter, and t really don't understand how if we buy off a state contract the guy in Daytona Beach can sell the cars cheaper than we can and you're buying off a state contract. But, we will be mapping out an ordinance to put before the public that local priorities be given ten or fifteen percent of points towards anything to try to insure that we use local businesses. Mr. Parera: Commissioner, I don't understand where it's a violation of the law to put in the RFP weightings , strong weightings, for locally owned and managed.... Mr. Dawkins: No, no, no, no, let the City Attorney explain... Mayor Suarez: On regular contracting it is, because we have to go with the lowest bidder. We can give, if it's local bidders within say 5% of the bid, that we what we're considering doing on regular contracts of the City, procuring contracts. But on this particular issue I don't know how we would do it. Mr. Dawkins: But see, as you heard me say this morning, when it comes to Cubans and Blacks they change the rules. Mrs. Kennedy: Lowest and most responsive bidder. Mr. Dawkins: It's no longer the low, responsive bidder. Mayor Suarez: Okay, but Madam City Attorney, am I hearing you right, that as to underwriting managers, we could go ahead and prescribe that in future issues we give weight to local participation. Mrs. Dougherty: Yes. Mr. Dawkins: We can? Mr. Plummer: You could do it now. Mrs. Dougherty: This being a professional service as opposed to the purchase of goods... Mr. Odio: We can add points to say local, so many points Mayor Suarez: I think it, I mean they've, we've been meeting with them, I know Commissioner Dawkins and probably all of us have been meeting with First Equity to see how we can get you some bond work and you never seem to come close to the top, because you're unfairly competing I think with very large national companies. I think you should be getting some...this is a very subjective process anyhow, at least we could do is give you some points for being a local company. Mr. Parera: Well, why don't you do that now? Mayor Suarez: We're going to try, sir. Mrs. Kennedy: Mr. Mayor, I think that all of us agree that we want to keep the process open for future bidding to get the best deal for. the City of Miami. If we should formalize this in the form of a motion, I so move. Mayor Suarez: And you want to include that we instruct the;City Manager to build in some preference for local... Mrs. Kennedy: Absolutely always. Mayor Suarez: So moved. Mr. Dawkins: Second. 86 February 12, 1987 Mr. Plummer: Say again what your motion is... Mrs. Kennedy: Just to keep the process open for future bidding.... Mayor Suarez: Just to clarify... Mr. Dawkins: Under discussion... Mr. Plummer: Totally open, but that's rescinding this morning's motion or a part of it. Mayor Suarez: Right. Mr. Dawkins: Question to the City Attorney: How would you suggest we structure this? How would you suggest that we do this so that we don't have any legal repercussions? Mrs. Dougherty: In terms of having local preference, put in right in the request for proposals. Mr. Dawkins: How would you determine how much weight to give it.? Mrs. Dougherty: You either can do it either in a weighted method that is ten points, twenty points, or whatever you want to give, or just simply say all things giving equal, we're going to give it to a local firm. Mr. Dawkins: Okay, let's take Merrill Lynch. Merrill Lynch comes down and opens up a local company on 62nd Street with a Black guy in it. Is he local? Mrs. Dougherty: Depends on how you define local. Mrs. Kennedy: Well, Merrill Lynch is a local company. Mr. Dawkins: This is what I'm trying to get someone up here to understand that we've got to have some ground rules to play by. Mayor Suarez: How about if we just like we take into account the experience in the industry, number of issues and so on, that we take account for say a total of ten points out of one hundred, experienced in this community as a local underwriter. Mr. Plummer: It's rather obvious Mr. Mayor that we're not going to do it sitting here today at this table. May I suggest that we send it to the administration and let them come back at the next meeting and give us some suggestions or alternatives and then we can make a decision. Mayor Suarez: Do you want to build that into you motion Commissioner Kennedy? Mrs. Kennedy: Absolutely. Mayor Suarez: Do we have a second, third or fourth or anything, okay. Mr. Plummer: I'll second it. Mayor Suarez: Any further discussion? Call the roll. We're going to do the best we can on adjusting... Mr. Parera: Does that include an adjustment for the contract to be negotiated this morning, or.... Mayor Suarez: No, we're not opening that up. Mr. Carollo: Can we repeat the resolution please. Mr. Dawkins: Madam Clerk, will you repeat the resolution please. Mayor Suarez: Commissioner Carollo wants the resolution repeated. Mrs. Hirai: Commissioner Plummer said it amends this morning; I was confused myself. 87 February 12, 1987 Mayor Suarez: It amends this morning so that we open up totally for future issues and adds the direction to the City Manager to consider a preference or some pints to be given for local underwriters. Mrs. Kennedy: My motion does not rescind this morning's actions. Mayor Suarez: We have not tried to quantify that in any way just yet. Mr. Carollo: It amends it again in which way? If you could repeat it... Mayor Suarez: To the extent that we're not specifying for the next twelve months, you know, that we have to go back to the top five in the ratings that we decided on this morning --- the top five companies, but that they're all allowed to participate in the process. Mr. Carollo: In other words, that they all can participate in placing whatever bid they had. And if the City Attorney can't come to an agreement with them on rates, they will be thrown out. Is that what you're saying. Mayor Suarez: Once we decide on the, we'll always get back no less than three recommendations I guess and we'll have to select one as we did this morning. We haven't gotten around that particular procedure yet. The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 87-153 A MOTION STIPULATING THAT THE CITY OF MIAMI SHALL REMAIN TOTALLY OPEN TO RECEIPT OF NEW BIDS FROM UNDERWRITERS IN CONNECTION WITH THE CITY BOND ISSUES; FURTHER INSTRUCTING THE CITY MANAGER TO HAVE A BUILT IN PREFERENCE FOR LOCAL BIDDERS AT THE TIME SCREENING IS CONDUCTED AND FURTHER STIPULATING THAT THE CITY COMMISSION WILL ALWAYS GET FROM THE ADMINISTRATION NO LESS THAN THE NAMES OF THREE UNDERWRITERS FROM WHICH THEY SHALL MAKE THEIR FINAL SELECTION. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: Commissioner Joe Carollo ABSENT: None. Mayor Suarez: Monitor the recommendation by the City Manager how he's going to take into account local participation. That's going to be very interesting. We haven't come with a system yet that's any good. Mr. Odio: Let me clarify it. Do we have an R.F.P. out. We cannot do that now. It has to be for the next issue, the next R.F.P.. Mayor Suarez: We're going back to status -quo for the present RFP anyhow. That's what we were going to have to do for the present RFP. Mr. Plummer: Well, but there is a portion about local consideration that you can't consider in this present one because it's not there. Mayor Suarez: You don't think you can get back to us in time for that, all right, that's a fair point. Mr. Odio: You can't do it now, okay, it has to be in the next issue. Mr. Plummer: Future issue. Mayor Suarez: Join up with a big company for the first and next issue and then afterwards hopefully we'll be able to... 88 February 12, 1987 Mr. Parera: Thank you, but we prefer to go alone and not become a part of a big cowpany and we think that's better for this City. Mayor Suarez: I just meant for the next issue because we're not going to be able to build in the local participation factor. Mr. Parera: Thank you. 42. DISCUSSION OF PROPOSAL BY COMMISSIONER KENNEDY TO HAVE COMMISSION APPROVAL PRIOR TO EXPENDING AMOUNTS EXCEEDING $1,000 FOR CITY HALL IMPROVEMENTS. Mrs. Kennedy: Before we start that Mr. Mayor, let me just bring something up. As we all are aware, there have been many different articles in the media recently. Mr. Plummer: Nash. Mrs. Kennedy: No jokes, regarding, - that is not on the record, Madam City Clerk - remodeling in City Hall and we're working right now on an ordinance that I would like to introduce and propose and basically it says that any work on any of our offices should come for our approval in front of this board. And Madam City Attorney, if you have the wording and I could read it right now: Any remodeling done in our offices to be brought to this board so we are aware of all the expense... Mr. Dawkins: I don't think that if I want to put a rug in my office that I should bring it to this board. Now that's just my personal belief, okay. People elected me to make some decisions and if I can't make a decision to put a rug in my office, they don't need to elect me, and if I've got to come to this board to find out if I can buy a rug, I just don't think that's fair. Mr. Plummer: But Omar said you were going to spend $82,000 for that rug. Mr. Dawkins: That's why Omar is being held as a hostage now. Mr. Plummer: He's trying to get the money to get out. j Mayor Suarez: Are you saying in excess of the authority of the City Manager? Mrs. Kennedy: No, no,no,no, I am saying and let me read this now, that all ` renovations to any city commissioner's office, even those under $4,500, i including the cost of materials and the cost of City labor be brought before this board. i E Mayor Suarez: You can bring it up, but I for one can't go with that either. We have struggled to try to delegate some authority to the City Manager and, at the very least, if you give me a $4,500 threshold, that might make some sense. Otherwise, we can never get anything accomplished. Mr. Plummer: Well, alright, how about a compromise. How about anything over $1,000? Mr. Dawkins: I'm not going for anything, okay, I want you to understand. Mrs. Kennedy: I could go with that. Mr. Dawkins: I want you to hear me out please, okay? The people elected us up here to make some decisions, okay? Now the Miami Herald is hot going to let us do anything wrong, okay? So now it's up to the Miami Herald to tell the people what I'm doing and when I run again then the people will let me know whether I did something right or wrong. Now I don't need to have the Miami Herald browbeat, I take that back, I don't need to have the media at all. Mr. Carollo: It's too late (chuckling) you can't take it back. 89 February 12, 1987 Mr. Dawkins: I don't need to have the media thinking they can intimidate me to the fact that I'm afraid to make some decision that they might disagree with. Mrs. Kennedy: Okay, let me answer that. The media and I are going to disagree in thousands of things. We have already and we will continue to do so, it's a four-year term. It's a long term and we don't see eye -to -eye on many issues. However, I think that had I known some of these costs, I would not have gone for it and this is a way of being informed, if you want to put it that way, of everything, of all the costs. And I think that a compromise of $1,000, that's reasonable. Mr. Plummer: I'll second that. Mrs. Kennedy: I don't want to come for $20.00 for nails or whatever, let's say anything over $1,000. Mr. Carollo: I'll tell you what upsets me about everything that was printed. And I can only speak for my office, but I'm sure there are similar examples in other offices. The air conditioning unit that we placed in our office block for instance, as I am told what was charged for the four -ton unit, was like $4,300. It's a four -ton super high efficiency, and the total cost with installation, was around $6,500. Well, you could go out and I'm talking about the average citizen, and shop around a little bit, not even a lot, and buy that same unit, installed, in a home where it would take even more work to install it; you need more ducts, etc. than here, for $3,000 - $3,300, let's say even at a high figure $3,500. Now it's beyond my imagination why it takes the City of Miami twice as much to buy anything. Mrs. Kennedy: That is correct. Mr. Carollo: And this is something that we, none of us, were involved in doing, shopping around for whatever prices we could get. Now, what I'd like to find out from the Manager is, and I just gave you one example, there are others, why in the world did it cost twice as much to buy that air conditioning unit for my office than it would cost an average citizen? Mr. Odio: That's a good question Commissioner and I would have to explain to you the accounting principles they have using in the City of Miami for the last twenty years which are not precisely the correct ones. We are in the process right now of developing for GSA, which was by the way created after the renovations of the famous office here. It was not created prior before that, that to go to a direct cost allocation, because when you have aggregate costs like we have here to pay for all the employees that are in that particular department which was at that time called Building and Vehicle Maintenance, you have to inflate the cost per hour. Mr. Carollo: But this is the cause of going out to an outside firm and buying the unit and bringing somebody from the outside. Mr. Odio: Let me answer that... Mayor Suarez: His question has nothing to do with accounting. It has to do with purchasing there. Why do we pay so much for this thing? Mr. Odio: In the particular purchase of your air conditioner, I went out, Wally did, and shopped for prices, and that particular unit you can buy for $2,000 without installation... Mr. Carollo: That's correct and we got it for $4,000+, without installation. Mr. Odio: No, sir. But you had to have in this case, was without any ducts, you have to install all the air conditioning ducts in your office which had none because you had wall units, and they had to fabricate a closet for the interior unit, so in this particular case it's pretty close to accurate. We did get a good price because of the ducts. Mr. Carollo: There's no way in the world, the ducts that were put in that office is even simpler to putting in a regular house that you have to go into an attic. 90 February 12, 1987 • Mr. Odio: Well, that's what I was informed and we did go out independent from purchasing to check this price out. Mr. Carollo: The price that was given just for the unit alone was $4,300 or something like that and you just told that the price that you found for the unit alone was around $2,000. So, again... Mr. Odio: For the unit alone, $2,000, plus you have to add about $2,300 worth of ducts. Mr. Plummer: Well, let me tell you, you can talk about your ducts and your turkeys, but anyway I want to ask you a question. Where in the hell, and this is in no way to put down City workers who, in my estimation do a fantastic job, but $26.60 an hour. Mr. Odio: Commissioner, that's what I was trying to explain and it's very complex and I'm trying to.... Mr. Plummer: No, it's not complex, it's expensive. Mrs. Kennedy: No, no, no, no, wait, wait, wait. To hang a painting it costs $100 because it's using three men. Mr. Odio: Do you remember the Howard Gary's car wash costs $60. Mr. Plummer: $108. Mr. Odio: Or $100. It is a bad system I have now a consultant has been working in GSA for the last six months we're working on developing the direct cost allocation which you have to break down a $14 million operation and to start all over again. We cannot do it in the middle of a budget year, and by the next budget, which will be presented in May or June, this system will be in place and when you sign for a work order, you will be actually paying what that work is worth and not inflated costs to cover for overhead in that department. Mrs. Kennedy: Alright... Mr. Dawkins: Well, let me ask a question. If we go along, I mean if Commissioner Kennedy's motion passes and you come to this commission to get an okay on everything over $1,000, will that eliminate the excessive costs that you just finished talking about? Mr. Odio: No sir. Mr. Dawkins: So now, just, answer my question; that's all. Mr. Odio: I think I know what she's trying to do Commissioner. Mr. Plummer: It might bring about other alternatives. Mr. Odio: But I think I now what's she's trying to do and it's that she doesn't mind the public having participation in whatever decision she wants to make because she's got nothing to hide and that's fine with me. The fact is that the work we did here was necessary that we still have to replace all the ceiling because it's got old, some abestos tiles in it, and it needs to be replaced I believe. Mr. Carollo: And now you tell us... After sitting here for eight years. Mr. Plummer: Where's the disability board? Mr. Odio: That the bathrooms need fixing, that we are is a 1926 hangar building. This was designed for a hangar not office space, and that as the City changes modus operandi, you have to change the office around. Mr. Plummer: This was never designed for a hangar, it was an office, it was the offices for the hangar. Mr. Odio: Whatever.... I saw a plane leaving this building one time in 1926. Mr. Plummer: That was in the back. 91 February 12, 1987 t. 4 • • Mrs. Kennedy: Okay, but that's not what we're arguing here. Mayor Suarez: Commissioner Kennedy, let me ask you a question. Why, if the City Manager has delegated authority to spend up to $4,500 on other items - and that doesn't mean that we don't monitor what he does - in the case of improvements to commissioners' offices, we would have to limit him to $1,000? Mr. Plummer: Well, why put in financial disclosure only for the commission? Mrs. Kennedy: night, it's the same thing. Simply because, you know, we are .... what's that Joe? Mr. Carollo: I said and particularly when they don't want to disclose even the year before, only the year after. Mr. Plummer: We want to make more ink for the morning tabloid. Mrs. Kennedy: I just feel and you can take an example in my office and I hate to bring in my office, but we have to. If the desk that is this high would cost half the size because of the City labor, I would have gone for half the size. I don't know, just to have more control on the cost and to be aware of the prices. Mayor Suarez: Isn't the issue that certain improvements were made without the Commission specifically approving costs in excess of $4,500, substantially in excess of $4,500? Why do we have to have a different limitation, that's all I'm saying, I mean, when it has to do with commissioner's offices which, as Commissioner Dawkins is saying, if there's one thing we should know about is the cost that and the improvements that are needed in our own offices. I would keep it to $4,500. Mr. Carollo: I tell you, in trying to be fair, I think that writing an article inasfar as what was spent and the fact that it was not brought up to the full Commission, is justifiable. I'm not going to criticize that; what is not in my opinion, justifiable is to have a governmental body, whether it's the City of Miami Commission, the County, the State or the White House, be run based on what a newspaper or a group of newspapers or media, as a whole, might say. I think that the actions of elected officials, whether right, wrong or in-between are answerable to the public and you should be able to stand behind whatever actions you did. But I think if we're going to be running government, based upon that everytime an article is written in the paper, we're going to run back here and start changing all kinds of things because of the article, you know, I think that's complete chaos and then what you have is not government but anarchy. Mrs. Kennedy: I don't think that is the issue as I stated before; we have disagreed many times and we will disagree thousand others; it's just a form of having more control and I put that in the form of a motion. Mr. Plummer: Let me, I'll second the motion since you made it $1,000, but are you saying so for clarification that which is outside of your publicly approved budget.... Mrs. Kennedy: That is correct. Mr. Plummer: In other words, if it goes beyond the approved budget that is publicly held in three meetings.... Mrs. Kennedy: No, no, no no, of course... Mr. Plummer: Okay. Mr. Odio: Can I add something on that Commissioner please. I't's important to know that you did have a budget for City Hall. That the budget, at no time, was exceeded, that the Commissioners' offices and these Chambers and the City Manager's office and the Mayor's is in one budget and it was never exceeded. It was approved at two public hearings and two workshops that were public also. Also, I need to say to you that that department that we criticize because the costs are charged that funny way, turn over a savings to the City of Miami taxpayers this year, and I will put out a report today, to the fact that they turn in a report of $3.4 million savings to this community from that budget that we criticize. 92 February 12, 1987 t Mr. Dawkins: Call the question. Mayor Suarez: We have a motion and a second; any further discussion? Call the roll. THE FOREGOING MOTION DULY MADE BY COMMISSIONER KENNEDY AND SECONDED BY COMMISSIONER PLUMMER FAILED BY THE FOLLOWING VOTE: AYES: Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. NOES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Mayor Xavier L. Suarez ABSENT: None. DURING ROLL CALL: Mr. Carollo: I think the $4,500 limit that we have now is sufficient. Mayor Suarez% No, for the same reason stated by Commissioner Carollo. I think the $4,500 limit is fine. 43. SECOND READING ORDINANCE: FINANCIAL DISCLOSURE OF COMMISSIONERS (see label #23) Mayor Suarez: Item 37 Mr. Carollo: Can you all possibly wait a few minutes? I'll leave it up to the chair. Mayor Suarez: I'm ready to vote on financial disclosure as I have been. Do you want to make a statement, Herb, or do you want to just restate what you've stated in the past? Alright, go ahead, sir. Let's deal with that issue, which we did say.... Mr. Plummer: Wait a minute, Mr. Mayor, Jerry and Rose did not hear my statement of the this morning so I would like to put that back into the record also. Mr. Herbert Simon: Are you going to make your statement first Commissioner? Mr. Plummer: If I may. Rose and Jerry and the other lady that's here on financial disclosure, I thought that it was a good compromise offered to me by Ron Fine yesterday that this not be effective on any individual until their office has been renewed at the end of their present term so that you would have the choice, if you wanted to be reappointed, you would live under the new rule, and if you didn't wish to do so, you just didn't get reappointed. I think that was a very equitable situation and in no way is it a compromise. It's the idea that you all took your appointments by a certain set of game - rules and it's not fair for us to change the rules in the middle of the game and that once you were to be reappointed, then you would know what the new rules are. Mr. Carollo: Yeah, but J.L., at the same time that sounds all nice and fair, the same thing applies for everybody, including members of the Commission. Mr. Plummer: Yes, sir, and I've already stated as I did this.morning, that I fully intend to file mine this year regardless of what passes here today. Mr. Carollo: Like some of us stated already, but again what I'm saying is since it's going to pass, it should pass equally for everybody equally or not pass at all for everybody equally. Mr. Plummer: I don't disagree with that. Mr. Carollo: And I think those were the statements that at least you and Commissioner Dawkins had made before that you would only vote upon it if it applied equally across the board for everyone. 93 February 12, 1987 Mr. Plummer: Yes, air. Mr. Simon: When you speak on this subject or finish I would appreciate it if you could make your motion so I can be here when history is made. I'm Herbert Simon and I'm chairman, at present, of the Planning Advisory Board and I want to say that I think that Commissioner Plummer's I'll call it compromise - would be a welcome compromise and would be accepted if we can't get the entire disclosure ordinance eliminated. I am still in the hope you will vote against the disclosure ordinance in its entirety. When Commissioner, I'm Commissioner Dawkins' appointee, and I know that he mentioned to one group publicly that I was his minority appointee. I'm white, American and Jewish -- that right Commission Dawkins? And I think that you got more than a three -time minority. Mr. Dawkins: And you also told me that if I voted for the disclosure you would resign and I told you adios. Mr. Simon: That's four, okay. Well, in addition to those three or four, you also got from me 49 years experience in Miami real estate, I've served on a lot of committees in the City of Miami and in Dade County, I am a fairly successful realtor, what I'm saying is I think I have a lot to offer and we do come cheap. And the longer I stay at this Commission meeting the cheaper we become because of the hours that are spent. And what applies to me applies to a number of your other boards -- forgive me for being repetitious Mayor Suarez, I said I wouldn't be repetitious. But you have a lot of expertise on a lot of the other boards as well as mine and I think it would be a big mistake to get rid of us now or in the future. Now I could serve out my term if your proposal, Commissioner Plummer, is adopted, but I would still like to see for the future of Miami, which I do have an interest in, I've lived here most of my life, my family's here, my investments are here and I would like to see quality people on the boards, that's not to say that some of them wouldn't be quality people that would make full disclosure, but you're going to lose an awful lot of good people that you have now. Just in conclusion, in this morning's newspaper was an article, The Herald, if you'll forgive me for naming that newspaper, there was an article.... that may have killed me right there, but I knew I was dead with that... Mrs. Kennedy: Couldn't we drop the subject....? Mr. Simon: There's an article in this morning's paper about a lot of prominent people and they've named them, that are carrying guns for protection because they are afraid because their position and their finances have been disclosed. And I'm sure you all have read that and I don't want to see any of you people, I like all five of you, I don't want to see you become instant customers of J.L. Plummer's funeral home. So I really, you are exposing yourself if you do this, I don't understand the reason why some of you have gone all out to do it. I hope it will be defeated in its entirety. If not, then I will have to accept Mr. Plummer's compromise as a last resort. Thank you. Mr. Plummer: Stay on and we'll get you a gun permit. Mayor Suarez: Thank you Herb. Does anyone else want to be heard on that issue or do you just want to have noted that the same basic. Mr. Gerald Silverman: Good afternoon, Gerald Silverman, I'm presently serving as chairman of the Civil Service Board. I don't want to repeat what I said the last time except to tell you that some members of the Board will resign, you will lose some good people. The board members have not been elected, they have been appointed. To require this I don't believe is fair. Mayor Suarez: I move the adoption of the City's financial disclosure with the exclusion of advisory boards. Mr. Plummer: There is a motion made to adopt the resolution as is excluding the advisory boards. Is there a second? Mrs. Kennedy: I will, wait a second, I'll second, and under discussion.... Mr. Plummer: There is now a second. The motion is open for discussion. 94 February 12, 1987 Mrs. Kennedy: 1 have always voted so that nobody except we as public officials have to do it. i feel that we should be subjected to this type of scrutiny, but there are a lot of people out there who are voluntarily serving on boards and should not be subjected to this. I think that your compromise Commissioner Plummer will solve the problem but only temporarily. However, I have made four or five motions and it's been very lonely out there being on the other side. I think that this will be the best next thing to let the employees... Mayor Suarez: I'll accept the modification, modified motion to exclude the employees too if that's... Mrs. Kennedy: I would like to do that Mr. Mayor. Mr. Plummer: The motion is now modified to exclude, get a laundry list, to exclude the advisory boards and City employees... Mayor Suarez: There's no laundry list required. We can just include the Miami City Commission, which is what... Mrs. Kennedy: right... Mr. Plummer: City Commissioners are employees. Mrs. Kennedy: No, to exclude City employees. motion to leave just for this Commission. Mayor Suarez: So moved. Mrs. Kennedy: And so I second. I'm delighted. Mr. Plummer: Okay. Mr. Carollo: Can you repeat the motion that's... In other words, my original Mr. Plummer: The motion that's on the floor is to adopt as is excluding advisory boards and City employees. That's the motion on the floor Mr. Carollo: When you say City employees, you're talking about all the top echelon management department directors, assistant department directors and so on. Mayor Suarez: Yes, I'll make it simple. I'll just make it to apply to the Miami City Commission which was really my initial intent. Mr. Carollo: So, another words, for instance, this is not personal with Cesar... Mr. Plummer: Wait a minute, Joe. Does the seconder accept his new motion? Mrs. Kennedy: Absolutely. Mr. Plummer: All right, the motion now on the floor to be spoken to is just the Commission, the five members presently sitting here to take effective in 1987, for your 1986. Go ahead. Any discussion now, Joe, go ahead. Mr. Carollo: I find the Mayor's logic quite amusing to say the least. Here we have a City Manager, and nothing personal with Cesar, that yields more power in this City, has more say so than all five members of this Commission together. We have department heads such as the Chief of Police, the Fire Chief, we could go on and on, that all make more financial decisions than most of these Commissioners even in their term or terms, but we're going to exclude those people. Well, this started as a big 'brouhaha' to gain points and some of us stand up here... Mr. Plummer: Don't overdo it. Mr. Carollo: ...and talk so badly about the Herald, but then the minute the Herald calls, boy I tell you, we don't put our shoes on to go running to make sure that we please certain people there. And this started quite a few months back if I may say, because Xavier, our Mayor, wanted to make sure that after certain articles that were written that got spanked a little bit by the paper, 95 February 12, 1987 that he would get in their good grace again and put the white hat on. Well, now I'm not quite sure just exactly where you stand Xavier, because it seems you change your mind so much about this, let me go back and deal with facts. On Friday, December 27, 1985, this is an article that appeared by Fred Tasker in the Miami Herald. It says, "it's not easy being Mayor. Ask Xavier Suarez. Suarez Miami Mayoral campaign account just about broke even, but he spent so much time running that he neglected his law practice and ended up with several thousand dollars in personal debts, so his frantic campaign treasure, Doran Jason, threw a party last Friday for Suarez and invited about one hundred friends at a suggested $250 each." In other words, it was a party that was supposed to raise 425,000, that was supposed to be gift cash to Xavier because he spent so much time politicking that he didn't make enough money to support himself or his family. And, now we jump to again the Miami Herald, The Tropic Magazine of September 28, 1986, and again Mr. Suarez this time, I guess a different Xavier Suarez, says he is worth $80,000 to $100,000 today, but refuses to say how much he makes in yearly salary from his law firm because and it quotes him, "this is nobody's business but mine." Now again, he changes his mind and here's the man that needed, and this is the first time that I know this is ever happened here, for any elected official, needed to ask for cash gifts from his friends because he didn't work enough and make enough in 1985 and in this way he could pay his personal debts. A few months later he says it's nobody's business what he makes. Now he comes with this enchanting new ordinance that he wants applied. However, he has refused time and time again to show what he made in 1985, to see if his style of living matches with supposedly what he should have made. Now I have challenged Mr. Suarez time and time again to show his sincerity in this motion by showing what he made in 1985. I'll tell you what I made in 1985. I made almost $60,000 myself, not including what my wife made that year. And I'll be more than happy to show that to the media what I made. I should think that if the Mayor is so believing in this motion and it is really not a ordinance that he wants to place out of hypocrisy, then he should show what he made in 1985. Mr. Dawkins: To the maker of the motion, Mr. Vice Mayor, does this mean that you can file a finance, we up here can file a financial disclosure or your 1040? Mr. Plummer: Yes sir. That is what is in the ordinance Mr. Dawkins: No further questioning. Mr. Plummer: Any further discussion? presently on the floor is financial officials. Is that correct? Mayor Suarez: That's right. For clarification, the motion that is disclosure only for the five elected Mr. Plummer: Any further discussion. Hearing none, Madam City Clerk call the roll. Mrs. Dougherty: An ordinance amending a new ordinance? Mr. Plummer: No, no, no. That ordinance is out the window. That's completely watered down now. Mrs. Dougherty: Why don't you want me to read it? Mrs. Kennedy: This is a new ordinance. Mayor Suarez: No, this was one of the ones that was proposed last time. Mrs. Kennedy: Yeah, it's one of three. Mayor Suarez: We had three alternatives. Mr. Plummer: Well, let me ask her. Madam City Attorney, is the ordinance which you presently have before us for second reading, is that now radically changed or substantially changed from the first reading? Mrs. Dougherty: No, because you are... Mr. Plummer: Okay, fine, read it... 96 February 12, 1987 • • Mrs. Dougherty: ...deleting people as opposed to adding them... Mr. Plummer: Read it, I'm sorry I stand corrected. Call the roll please. AN ORDINANCE ENTITLED - AN ORDINANCE ADDING A NEW SECTION 2-309, ENTITLED "FINANCIAL DISCLOSURE", TO CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; SETTING FORTH REQUIREMENTS OF ANNUAL DISCLOSURE BY THE MAYOR AND CITY COMMISSIONERS OF INFORMATION RELATED TO THE FINANCIAL STATUS OF SAID OFFICIALS; CONTAINING PENALTIES, A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of January 22, 1987, was taken up for its second and final reading by title and adoption. On motion of Mayor Suarez, seconded by Commissioner Kennedy, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. ABSENT: None THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10219. 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. DURING ROLL CALL: Mr. Carollo: While voting no for reasons that are clear, I would say for the record that every year I will show a copy of what I made in my income tax return. Mr. Plummer: The motion passes as presented on a 3:2 vote. 44. RENAME THE MIAMI BASEBALL STADIUM TO THE BOBBY MADURO MIAMI BASEBALL STADIUM. Mayor Suarez: Item 66, which I don't usually do to take an item out of turn, but I gather there's a lot of people waiting to be heard on Item 66 and let's see if we can get through it as quickly as possible and then we'll continue with our regular agenda. Is anyone going to make a presentation? Do we just hear form the City Manager on the naming of the stadium? Carlos? Mr. Carlos Arboleya: Honorable Mayor, members of the City of Miami Commission, my name is Carlos Arboleya, for the record, 1941 S.W. 23rd Street. I come before you today to respectfully request your consideration in recognizing an individual who during his lifetime went far and beyond the call of duty and devotion in support of our youth and of our national pastimq, baseball. We have a stadium in the City of Miami at 2301 N.W. loth Avenue, currently named the Miami Baseball Stadium. I come before you today to respectfully request that said stadium be renamed Bobby Maduro Miami Stadium in recognition of this man whom we can all call a legend of the sport, which he was identified with for more than five decades. He was the co-owner of the Havana franchise in the old Florida State league and later was the sole owner of the old Cuban Sugar Kings, a triple A team in the international league during which time he built a 350000-seat stadium in Havana. Being a man of principles and a great believer in freedom and democracy, he left Cuba upon the arrival of the Castro 97 February 12, 1987 Communist regime who confiscated everything he had except his baseball franchise which he could not do and which he was able to move first to New 7—sey and subsequently to Jacksonville. He operated it for several years. Once in the U.S.A., he became a special assistant to former Baseball Commissioner Bowie Kuhn. He also was one of several men who strived hard, yet unsuccessfully, to bring AAA baseball to Miami, precisely to a stadium that we are today asking to rename in his name. He served as Baseball Supervisor for the Parks and Recreation Department of the City of Miami. He did so much for our youth being responsible for the organization of many youth baseball academies and series. He was indirectly responsible for many baseball major league stars, always maintaining in his organizations the altruistic requisite of maintaining high school grades in the athlete study. Many organizations, including several major league teams, the baseball major league commissioner, the Miami Amateur Baseball Association, several Lions clubs and several City of Miami youth baseball academies with an enrollment of over 2,500 members, join me in this request. I am sure that if this Commission would act favorably on renaming the stadium as the Bobby Maduro Miami Stadium the impact of your actions will be very favorable in the eyes of your constituency, as well as in the minds and lives of the many young athletes that today practice baseball. Bobby Maduro stood for youth and there could be no more fitting tribute than a special place set aside in the city where he lived and precisely in the stadium where he spent and dedicated a great part of his life. For, as Cuba's apostle, Jose Marti, once said, "to honor honors", I thank you for your consideration of this request. Mayor Suarez: Thank you, We can insert into the record the letters received or unless one of you is going to make reference to it briefly, but if not we've got one from the Baseball Commissioner Bowie Kuhn, obviously in favor. We've got just about every major league team represented in the letters and I would like to introduce all of these into the record in support of the naming of the stadium as requested. Mr. Plummer: I move item 66. Mr. Dawkins: I second. Mayor Suarez: Moved and seconded. Now I know we someone who wants to be heard again so we'll give you plenty of opportunity. Mr. Odio: I have a point of order. I have to always recommend on very bad things. I would like to recommend that we go along with this too. Mayor Suarez: The record reflects the City Manager once is us on the winning side and recommends in favor of the naming. Sir, go ahead and approach Mr. Cohen. Mr. Dawkins: May I ask a question? Mr., uh Carlos, didn't he get his American citizenship? Mr. Arboleya: Yes. Mr. Dawkins: I say that because I now a lady who will be coming down here saying that we're always naming things for Cubans and we don't honor Americans. Well, I want her to know before she comes here that he was an American. Mr. Arboleya: He was an American, correct, sir. Mayor Suarez: Yes, please go ahead sir, Mr. Cohen. Mr. Dawkins: Here we are, first stop. Mr. Sanford Cohen: 3:43 p.m., there is no question that this gentleman should not be honored. However, at the same time, I would say that there is a citizen's advisory committee called the Miami Memorial Committee that was specifically reconstituted to address this type of question. Mr. Bowie Kuhn, in all due respects, does not live in this area nor has his name been considered as a proposal. Abner Doubleday is also, I believe, a U.S. citizen and the inventor of the sport of baseball and there seems to be no recognition of that fact by this Commission nor has there been any response so far to my request that this matter be deferred so that the Miami Memorial Committee and the citizens of the City of Miami are allowed to participate so that we can 98 February 12, 1987 have 14 or 15 citizen -input points of view that have been appointed by this Commission. Now, the Miami Baseball Stadium is a historical landmark; it was built by citizens and paid for by citizens of the City of Miami. Mr. Plummer: No sir, you happen to be wrong. It was built and paid for by a Puerto Rican gentleman by the name of Aleman. Was he Cuban? Mr. Arboleya: May I correct you? He was a Cuban. Mr. Plummer: I stand corrected sir, a Hispanic. It was built, owned and operated by him and given to the City of Miami as a gift. Mr. Cohen: I stand corrected. That's very interesting because... Mr. Dawkins: See, when you've been here as long as J.L. these things just come to your mind. Mr. Plummer: Boy, I'll tell you, we're going to rename the cemetery after Dawkins. Just keep it up. Mrs. Kennedy: One-track mind here. Mr. Cohen: I would affirm what Mr. Plummer has just said, or concur, that is I'd say that the constructor, the namer, the builder, the supporter and provider and the dedicator of this Miami Baseball Stadium, saw fit quite appropriately, in probably respect and in honor of the City of Miami. Mr. Plummer: No sir, he was losing his shirt. He was losing his financial shirt and he turned it over to the City. Mr. Cohen: In what year? In what year? Mr. Plummer: Yeah, but you see, you know your information that you get is half of what is needed and when you stand up before that microphone, you start quoting facts that are just not true. Mr. Cohen: Like what? Mr. Plummer: Well, like who built the stadium and who paid for it... Mr. Cohen: I stand corrected, Mr. Plummer. Why you dwell on that? I do not understand. What more shall I say? Mr. Plummer: Now, one of these days I'm going to hear you stand in front of that microphone and propose something positive. I have never heard that you stood in front of a microphone unless it was negative. Mr. Cohen: Well, that's your opinion. Mr. Plummer: Name me one. Mr. Cohen: I don't have to. Mr. Plummer: You're right because you can't. Mr. Cohen: I simply am expressing myself as I am entitled to do and I thank you for listening. I am recommending and requesting that you as a Commissioner and the rest of the Commission, respect the function of the Miami Memorial Committee and I would also add that it is appropriate to erect either a plaque or to name a gate, just as a suggestion, of this stadium so other people who deservedly have contributed to the benefit of the 'sport of the stadium, the city, regardless of their nationality, would also have a place. So I hope I've satisfied some of your concerns Mr. Plummer, in recommending what, on the face of it, is a resolution that I believe you yourself may have participated in, and I thank you for your attention. Mayor Suarez: There's really no need to reply, just to let you know that the Memorial Committee is an advisory committee to the City and, of course, we can bypass its deliberations. It also hasn't functioned really that I can remember. It's really inactive. 99 February 12, 1987 Mr. Cohen: I'd like to reserve comment on that. Mayor Suarez: If their hearings are going to be as extensive as ours every time we decide to change a street name or monument of some sort we wonder if it's worth even making it active again because it's just going to be two sets of hearings. Mr. Plummer: Well, Mr. Mayor, you know, there are a lot of people that are upset and I hear that, that too many of the things in this community are being named after the Cubans; the Cubans, that's all you hear and there's an animosity towards that and it's unfortunate. But let me tell you something, this man, in my estimation, is being honored as a man for what he did for baseball and the youth of this community, not where he was born, even though he did the same thing there. And we, if we do pass this successfully today, are honoring a man for what he did for the game and for the youth of this community and dedicated his life to baseball and what better could it be than to honor that man than to name a baseball stadium after him. So I say that that's the way it should go. Mr. Cohen: Can I ask one final question? How will you provide in the future for other contributors to the sport of baseball to be appropriately recognized unless you allow the name of Miami Baseball Stadium to stand and provide some auxiliary means... Mayor Suarez: You know we may end up with a bunch of names up there, I don't really know, we're not concerned with that ... Mr. Cohen: Well, it will be ad infinitum with fifteen names... Mayor Suarez: We've got a lot of monuments and a lot of facilities to name in the City. Yes sir, do you want to make a statement? Mr. Plummer: Mr. Mayor, the City Attorney says that my motion has to be that the Miami City Commission names the Miami Stadium the Bobby Maduro Baseball Stadium, that's the terminology. Mayor Suarez: I have a feeling we're going to hear from a professional here. Mr. Ed Lynch: My name is Ed Lynch. I'm a native from Miami. I went to Epiphany grammar school, Columbus High School, and I've been in the major leagues now for six years and I don't think this has anything to do with politics or where a person was born. Baseball doesn't see things like that; I've given up home runs to Dominicans and Cubans and Blacks and Whites and I think for anybody to come in there and try to make a political thing out of what Bobby Maduro did for guys like me and guys like Andre Dawson, who was Black and guys like Jose Conseco, who's a Cuban, and the things he's done for the City of Miami, is not fair. He's on a memorial fund; I think this is a living thing. I think in the future when all the major league people that sent letters here today come to Miami to think about if we should have a franchise in this City. If they see a negative thing like us turning down this proposition today, we don't have a chance. So this is our chance to do something positive for this City in the future. Thank you. Mayor Suarez: Thank you Ed. I think there is an implicit acceptance on your part to be on a committee to try to get a major league franchise and if there is, I don't know if you can do that while you're still an active major leaguer. Mrs. Kennedy: Mr. Mayor, are we taking any action today? Mr. Plummer: I've already made a motion. Mayor Suarez: What is the motion? Mr. Plummer: The motion is the Miami City Commission names the baseball stadium the Bobby Maduro Miami Baseball Stadium. Mr. Dawkins: And I second it. Mayor Suarez: So moved and seconded and thirded, fourth and... 100 February 12, 1987 61 s Mrs. Kennedy: It was my motion originally, but I'm very happy that two other colleagues have gone ahead and done it today. I think that Bobby Maduro was or is A grea* bar NO all ^ghr.', that he dedicated his whole life to baseball, both in Cuba and the United States, and that he also dedicated his life to the youth, so I'm delighted that two other colleagues have done it. Mr. Dawkins: So that there will be no negative thoughts, I don't think that any member of this Commission had thoughts of doing anything differently. Mayor Suarez: Thank you very much for your presentation. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-154 A RESOLUTION RENAMING THE MIAMI BASEBALL STADIUM TO THE BOBBY MADURO MIAMI BASEBALL STADIUM (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Arboleya: I'd like to thank the Commission and the Mayor for this action. 45. DONATE FOUR SURPLUS POLICE VEHICLES AND FOUR SURPLUS POLICE MOTORCYCLES TO CITY OF SWEETWATER AT $1.00 APIECE. ------------------------------------------------------------------------------ Mayor Suarez: Do we have Mayor Cuevas still here? Can we dispose of the item having to do with the motorcycles quickly? I don't know, I don't want to be... Mr. Odio: No, no, he wants patrol cars. He wants four police cars. Mr. Plummer: He wants four police cars and four motorcycles. Mayor Suarez: Four police cars? Is that something Mr. City Manager we can dispose of fairly quickly? I don't want to be unfair to the other people waiting on other items. Mr. Odio: Yes, my only, we do have to dispose of City property. You have to decide what we want to sell the cars for and also to put on the record that we need to make sure those cars don't have any carbon monoxide or whatever. Mr. Plummer: Mr. Mayor, I will move at this time that the four pars and four motors be given to the City of Sweetwater for $1.00 apiece, fully holding the City of Miami against liability and indemnifying the City bf Miami at the Manager's discretion he select which are the ones that will'be given to our sister city. For the record, there is a present policy that all have to be offered to sister city first. I can tell you that of the sister city programs at this particular time, there has been no request so that is not a problem. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. 101 February 12, 1987 The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NU. 87-155 A MOTION GRANTING REQUEST RECEIVED FROM REPRESENTATIVES OF CITY OF SWEETWATER FOR DONATION BY THE CITY OF MIAMI OF FOUR SURPLUS POLICE VEHICLES AND FOUR SURPLUS POLICE MOTORCYCLES FOR $1.00 APIECE, SUBJECT TO ALL PROPER INDEMNIFICATION TO THE CITY BEING OBTAINED Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None ABSENT: Commissioner Rosario Kennedy Following discussion ensued on above topic: Mayor Suarez: You understand Mayor that we have retired these vehicles, the automobiles, a lot of them, because of the concern of the carbon monoxide and it is not our responsibility from that point forward. It is entirely the responsibility of the City of Sweetwater. Mayor Isidoro Cuevas: That is understood Honorable Mayor, but we also carry the same responsibility to the City of Miami to see that the cars are in perfect working condition when it goes out on the road. Allow me to thank you for the opportunity of being over here. It's an honor for me. Thank you very much. Mayor Suarez: I wish all the items were as simple as having you around sir. ------------------------------------------------------------------------------ 46. DISCUSSION AND DEFERRAL OF PROPOSED RESOLUTION ISSUING REQUEST FOR PROPOSALS TO FURNISH TOWINGJWRECKER SERVES FOR DEPARTMENT OF POLICE. ------------------------------------------------------------------------------ Mayor Suarez: Item 51. We're going to move through these quickly Alicia and get to.... Mr. Plummer: Mr. Mayor, there's a lot of discussion about the towing and wrecking contract. Mr. Williams, we never came to a conclusion. I think we were at a point this morning of wanting to defer it for two weeks. Are we still at that position? Mr. Ron Williams: We would prefer not to, however, as you expressed this morning, there were people... Mr. Plummer: Mr. Mayor, Mr. Bill McCloskey, speaking for the association, as well as himself, have raised a number of points about the RFP. I think they are valid points that must be discussed and I think that two weeks would be a proper way in which those points can be addressed and hopefully ironed out and if not, then bring it back. I would so move that that matter, be deferred for two weeks. Mayor Suarez: So moved. Seconded, any discussion? Call the roll. AT THIS POINT BY MOTION DULY MADE BY VICE MAYOR PLUMMER AND SECONDED BY COMMISSIONER CAROLLO THE FOREGOING ITEM WAS DEFERRED BY THE FOLLOWING VOTE: 102 February 12, 1987 • • AYES: Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy Commissioner Miller J. Dawkins AT THIS POZNT, THE COMMISSION BRIEFLY DISCUSS ITEM 57 (SEE LABEL #47) Mayor Suarez: Alicia, your item is just appointments to the City of Miami Commission on the Status of Women. Item 57. Does each Commissioner have their nomination ready? Mr. Plummer: I don't think I have one. Mr. Odio: I have a list of people here that the Commission on the Status of Women recommends. Mayor Suarez: I have one. I nominate Jackie Bosha. Mr. Plummer: Let me see that list. Ms. Alicia Baro: She's not here. I recommended five women. NOTE FOR THE RECORD: AT THIS POINT, THE ABOVE ITEM 57 (STATUS OF WOMEN) WAS TEMPORARILY DEFERRED WHILE A DISCUSSION ENSUED CONCERNING THE PREVIOUS ISSUE (ITEM 51 REGARDING TOWING 7 WRECKER SERVICES. Mayor Suarez: Are you going to be heard on this item? Mr. Manuel Quarch: On 51, I'd like to say something before that goes. Mayor Suarez: Okay. We deferred that. Mrs. Kennedy: He wishes to be recognized. Mayor Suarez: We deferred that. Mr. Carollo: 51 was deferred. Correct? Mrs. Hirai: It's deferred for two weeks. Mayor Suarez: Do you want to argue that we should not defer; I know you've been around the good part of the day, but.... Mr. Guarch: Yeah, I believe this has been going on long enough. Downtown towing has been in business for eleven years. We have been in the business for over eleven here in Miami. We live locally, we pay the taxes here and we've been deprived of having our contract honored from the beginning. And, I believe we employ about 80% of the employees are here from Miami, from the City, not like others that are from outside. Mayor Suarez: The name of your company is? Mr. Guarch: Downtown Towing. Now, we live here in Miami and we pay the property taxes and insomuch as the other companies, some of these live in Kendall, Homestead and everywhere else. Now, you all say you want visitors to come down here to Miami and employ people here in Miami, but when we can't even get this contract done -- this has been going on now for eight months, just this part -- July 24th, you had a meeting, set up a review board, nothing came up. On October 6, I found out about it, got involved its, I went to two meeting and not being the fault of the City itself, they've- been trying to resolve this problem; we have just not been able to get all our cards together. Now, that's fine, if the people that have the most interest in it are right now being involved in the towing, for the City, even though some of them are not even participating. Mr. Plummer: Sir, let me assure you that it is fully my intent to complete and offer to the public on the 26th of February this RFP. That is fully my intent. 103 February 12, 1987 Mr. Guarch: My point was that this is eight months already. If we're going to keep delaying this thing and it's been going on for four years now... Mayor Suarez: There was no contract for many years at all... Mr. Guarch: Right, that's correct. And, if we can get in, you want to open it, we are qualified, we do the towing for the the FHP and I believe we have no problem with that. As a matter of fact... Mayor Suarez: Is your company recommended for one of the regions or not? Mr. Plummer: No, no, no, there's been no recommendations, the RFP hadn't even gone out. Mr. Guarch: You know, we do the towing and all the heavy lift for the FHP so we're qualified to be in, but we're being neglected to make a living and employ, have employees that all live in area, Black, Cubans, Puerto Ricans, everything. And we can't get to first base on this thing. Mr. Plummer: Let me assure you that it is fully this Commission's intent, I'm sure, that that will be ready and prepared to go out on the 26th of February. Mr. Guarch: All right, if that is the case, it it doesn't go out on the 26th, can there be an amendment or a change where you open it out like FHP. If you're qualified and you're in the area and you're local, you're allowed to come in and participate in the contract until you all decide to come together on the costs. I'm not saying that Mr. McCloskey's proposal is wrong, but... Mayor Suarez: We'll discuss that at that time because there will be a public hearing, but I see, GSA shaking their heads at that approach. That doesn't mean we'll necessarily following their recommendation. Mr. Plummer: The problem is over the period of years this wrecker towing contract has been just horrible. It has been proliferated with corruption, with investigations, grand jury investigations, and Mr. Ron Williams has pledged to keep this thing as clean as a whistle, above board, and his comment is this is one time we're going to do it right. Mr. Guarch: I agree with you, I think that's the way it should be. Mr. Plummer: And that's why, yes, it's maybe taking more time than it should, but with that kind of a striving for that kind of a goal, it's hard to argue with sir. Mr. Guarch: I wanted to make sure my point was clear. Mayor Suarez: Okay we'll get it resolved within two weeks. 47. APPOINT MIRIAM SINGER, RUBY HEMINGWAY, EDNA MARTINEZ, JUDY MILLER AND KATHY SHEA TO THE COMMISSION ON THE STATUS OF WOMEN. ------------------------------------------------------------------------------ Mayor Suarez: And moving once again, Alicia, you have five nominations. I'll accept them for myself. I'll withdraw mine. Mrs. Alicia Baro: That's wonderful. Mr. Plummer: Who are they? Mrs. Kennedy: Alicia, what number is your item? Mayor Suarez: Item 57. She had suggested five for appointment to the Commission on the Status of Women. Ms. Alicia Baro: You have in front of you the package with resumes and recommendations that we have made. 104 February 12, 1987 Mr. Plummer: Tell them who they are. read them off. Mrs. Baro: We have Miriam Singer, Ruby Hemingway, Edna Martinez, Judy Miller and Kathy Shea. Mr. Plummer: And what about the balance of the board? Ms. Baro: I'm asking you to remove five that have resigned or that can't.... Mr. Plummer: No, no, no, the balance? Is there a good ethnic makeup. Mayor Suarez: They stay on, the other ten stay on. Ms. Baro: Yes, we have Blacks, Hispanics and Anglos. Mr. Plummer: I know nothing negative. I'll go along with the five you recommend. Mayor Suarez: So will I. Mrs. Kennedy: Second. Mayor Suarez: Moved, seconded, thirded. Mrs. Kennedy: Alicia, under discussion, let me just say that this Commission needs more input from your organization. We have a lot of decisions that we have to take that affect women like the 17% minority contract, like the daycare centers and many, many others. I urge you to become active and really involved. Ms. Baro: And I urge that... Mrs. Kennedy: And come before us every now and then with ideas and suggestions. Ms. Baro: That's my plan as the newly elected chairperson of the commission to do that and make you more aware and make you more conscious of the fact that you have a commission and you should use us. Frankly, I don't think you have been aware of the commission that you have and I don't think you have even taken into consideration to refer some of women's issues to us. You really have given us very little recognition or very little importance and I think it's time that you realize that you have a vehicle and you should use it. Mr. Plummer: You got a good thing, use it. Mrs. Baro: Thank you. Mrs. Kennedy: Good luck. Mayor Suarez: Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-156 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO THE CITY OF MIAMI COMMISSION ON THE STATUS OF WOMEN TO SERVE INDEFINITE TERMS THEREON. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote- 105 February 12, 1987 0 • AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Ms. Baro: And may I take this opportunity to congratulate the City Commission for having appointed a Puerto Rican assistant to Mr. Cesar Odio. Mayor Suarez: You don't know, we took $10,000 off his salary this morning though, for being in the wrong place at the wrong time. 48. DEFER CONSIDERATION OF PROPOSED RESOLUTION DESIGNATING DEVELOPMENT OF LOW DENSITY HOUSING ON THE ST. HUGH OAKS PROPERTY; SCHEDULE TOWNHALL MEETING FOR RESIDENTS INPUT. Mayor Suarez: You want an architect to design a nice project for us over at the St. Hugh's old property. Mr. Jerry Gereaux: That is correct. Mr. Plummer: I move 52. Jerry, are you sure you're not making a mistake by you being chairman of that committee? To be objectively.... Mr. Jerry Gereaux: Yes, I think I can be objective Commissioner. Mr. Plummer: You think that, but what is going to be perceived by others? Mr. Gereaux: The others on the selection committee Commissioner are other members of the City staff with skills in different areas. Mr. Plummer: I can't buy that. I'll tell you Jerry, I want some private, outside input on all of these evaluating and selection committees. You need the input of the private sector. Now, I'll move 52, but when you come back with a copy... Mr. Dawkins: Hold it, hold it. 52 has to wait. 52 is directly in front of Mrs. Thelma Gibson's home. Mr. Plummer: Right. Mr. Dawkins: They have not had any input from any of those people as to what they're going to do there or why. I promised Frankie Rolle, what's her name, I promised Frankie Rolle and all the rest of them.... Mr. Plummer: I move that item 52 be deferred for a public input of the citizens that surround that area. Mr. Dawkins: Second. Mr. Plummer: And when you come back, please bring me a committee showing some involvement of the private sector. Mr. Gereaux: May I say something, Commissioner? This architeptural selection process is really a two-phase process under City zoning.' What you are allowing now is for a certification committee to select architects from a laundry list of architects that have the appropriate licenses and experience and financial capacity to be subsequently interviewed by a committee. Mr. Plummer: Jerry, do you hear me make a motion to approve? Mr. Gereaux: Yes. 106 February 12, 1987 • • Mr. Plummer: Did you hear my colleague ask me to defer? Mr. Gereaux: Yes Commissioner. Mr. Plummer: Now you want to fight my colleague, go ahead. The motion is to defer. Having a townhall meeting by Mr. Jerry Gereaux in the neighborhood of the citizens that will be directly involved. Mayor Suarez: Take their input and try to specify parameters too so that we just don't give an architect a general instruction on what to build there. I mean, I... Mr. Gereaux: If I may Mr. Mayor, if Commissioner Plummer doesn't mind that I go on. This process... Mr. Plummer: At your own risk. Mr. Gereaux: ...is only to create the shortlist. Beyond this, there is a proposal selection committee. Now the City Manager approves recommendations of the selection committee. And I have spoken to Mrs. Gibson. Mrs. Gibson is interested in being on that selection committee as is a neighbor on the other side of the site and I would ask the City Manager then to allow me to have citizens at large in that very sensitive neighborhood... Mayor Suarez: Absolutely, that's a smart way of getting input from them right at the technical level. Mr. Gereaux: ... on that selection committee. But I would prefer that we move this forward today, Commissioner Dawkins, because the actual architectural selection committee, the one that interviews the architects, would be a committee composed not only of the appropriate City staff people that have expertise in these various areas, but also Thelma Gibson and a couple of other neighborhood people who are key leaders in the area. Mr. Dawkins: When we purchased that property and we were thinking of purchasing it, I promised Mrs. Gibson, I promised Mrs. Frankie Rolle, I promised Mrs. Pinkey Sands, I promised Mrs. Armbruster and I promised Mrs. Denkin and I also promised Mrs. Bentley that before we did anything on that property we would have some input from them. You have only contacted Mrs. Gibson, one individual. It's eight people I promised that we would discuss this with. Mr. Gereaux: Sure, and my commitment to you Commissioner is that that is...that is an important, that is the next step. Mr. Dawkins: My commitment to you is that's the first step. Mr. Plummer: I call the question Mayor Suarez: Call the roll on the motion to defer. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-157 A MOTION DEFERRING CONSIDERATION OF PROPOSED RESOLUTION DESIGNATING DEVELOPMENT OF FORTY UNITS OF LOW DENSITY HOUSING ON THE ST. HUGH OAKS PROPERTY AS A CATEGORY B PROJECT; FURTHER INSTRUCTING THE ADMINISTRATION TO HOLD A TOWNHALL MEETING FOR INPUT OF THE RESIDENTS IN THAT AREA; AND FURTHER INSTRUCTING THE ADMINISTRATION TO ENSURE SOME PRIVATE OUTSIDE INPUT AT THE TIME MEMBERS OF THE COMPETITIVE CERTIFICATION COMMITTEE ARE APPOINTED. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote- 107 February 12, 1987 • • AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: There's nothing that says we can't make the same decision two weeks from now, I don't have any problems putting it on the agenda for that. 49. ESTABLISH A VISIONS 2000 COMMITTEE. Mayor Suarez: Item 53. Vision 2000 Committee. Mrs. Kennedy: What is the 2000 Committee? Mr. Plummer: I've read that thing twice and I still don't understand it. Mayor Suarez: The legislature of the State of Florida apparently wants us to have a committee that will envision what the year 2000 is going to be like. Mrs. Kennedy: Well, I was on a committee like this in Tallahassee, but I don't see any of my colleagues here who served on that commission so I'm just intrigued. Mr. John Baldwin: Yes, okay. What you have before you is a resolution which would establish a Visions 2000 Committee. The purpose of this committee would be to allow the City of Miami to apply for a grant from the Florida Department of State. Mrs. Kennedy: Okay, this is to establish one, but there is one that is headed by Representative John Mills or Speaker John Mills. Mayor Suarez: Well, there must be a statewide committee. Mrs. Kennedy: A statewide committee. Mr. Plummer: And I just got off the Growth Management Committee. The committee came to an end. Mayor Suarez: This would be a city-wide Visions 2000 Committee? Mr. Mano Surana: This is only for the City of Miami and we might get 50,000 from the State. Mr. Plummer: What are we going to do with the money? Mr. Baldwin: You can use it for a staff to support the committee. Mr. Plummer: No, because according to what I read you got'a have a director, you got to hire all new people in this thing. Mr. Baldwin: No necessary new people. What we plan on doing ig tying it in with the Planning Department and really helping the Planning Department with that money. Mayor Suarez: No bureaucracy I hope that we're adding by setting up the committee. I hope we don't set up a bureaucracy by appointing ... Mr. Plummer: That's what I'm scared of. Mayor Suarez: Exactly. Mrs. Kennedy: And I don't know if $50,000 is going to do it. 108 February 12, 1987 Mr. Plummer: No, it won't. Mayor Suarez: $50,000 is going to be used for what? How do you envision the $50,000 being used? Mr. Surana: Mayor, I read somewhere the State of Florida giving $50,000. In my department, we were looking into some kind of proposal for City of Miami, what should be the future of the City of Miami. And I thought I could use this money to work on this project. Mr. Odio: In fact Mr. Mayor, I am working on, I need to have a five-year budget.... Mr. Plummer: But you see, let me tell you what bothers me Cesar. This is not money that the City is going to get to be used where we have the problem and the need. This is going to be a ten -member board that's going to need $50,000 directors, $400 automobiles, $40,000 offices. Mr. Surana: No, no, we control the money. Mr. Plummer: But you got to have an advisory board of ten members to get that money. That's the next motion is the appointments. Mayor Suarez: Do you assure us Mano that there is no expenditure involved in setting up the committee; that we're simply going to apply for the $50,000 and we decide... Mr. Mano Surana: Yes, sir, that's my understanding. Mayor Suarez: I have no problem with it. Mr. Surana: Otherwise I wouldn't go. Mr. Plummer: I tell you what, let's go ahead and name, let's establish the committee. Mr. Surana: We'll have to come back for.... Mrs. Kennedy: But before we do that, I need to hear more about this committee. Mr. Plummer: You got a whole stack in the back up there of the state statutes. Mr. Surana: May I ask you right now to give authority to apply for the grant. When we get the grant, we'll come back to you... Mr. Plummer: So moved that you be given the authority to apply for the grant. Mr. Surana: All right, and we need the ten names just to apply for the grant. Mr. Plummer: Yeah, but remember all of those ten names are subject to the senator of your district. Mr. Surana: Yes, sir, we'll do that. We'll get their approval, legislature of City of Miami. Mr. Plummer: No, no, no, no -- state senator. Who's the state senator of City Hall? Unidentified speaker: Larry Plummer? Mr. Plummer: No, Larry Plummer, God forbid, no. Mayor Suarez: That's going to wreck the committee you know that. Mr. Plummer: Who is our state senator here? Mayor Suarez: Ileana Ross. 109 February 12, 1987 Mr. Plummer: Ileana Ross? All right we're safe. Well, now it's also the House. Who are the house members of this district? Mr. Baldwin: We 've got Alberto Gutman, Jefferson Reeves, Jim Burton.... Mr. Dawkins: Mike Simonhoff. Mr. Plummer: How come I didn't see Gutman's name in the paper today? He's going to be disappointed. Mr. Baldwin: Luis Morse, Susie Guber. Mr. Surana: All we're asking you is permission to apply for the grant, give us a name and we'll come back with the money and everything. Mayor Suarez: And you need ten names? I got my two. Mrs. Kennedy: Well, I'm going to come back with mine before the end of this meeting. Mr. Surana: Ok, no problem. Mr. Baldwin: You do have to pass the resolution, because we do have to turn..... Mr. Dawkins: If I get two out of my neighborhood, Carrie Meek will have to approve them, right? Mr. Plummer: They get $5,000 each. Mayor Suarez: One of my names is sitting out there in fact. I'm going to nominate Dr. Miriam Alonso as one of my nominees. Mr. Dawkins: Oh how sweet of you. Okay, what else we got to do on that? Mayor Suarez: Go ahead and take a vote on that. We don't need to vote on the individual names do we if we approve and allow each commission to appoint... Mr. Plummer: Yeah, that's fine. Mayor Suarez: By designation, fine. Mr. Plummer: I'll move 53 now, that's to establish it. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-158 A RESOLUTION ESTABLISHING A VISIONS 2000 COMMITTEE PURSUANT TO THE VISIONS 2000 ACT OF 1986 ENACTED BY THE LEGISLATURE OF THE STATE OF FLORIDA CONSISTING OF TEN MEMBERS TO BE APPOINTED BY A MAJORITY VOTE OF THE MEMBERS OF THE LEGISLATURE REPRESENTING THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote- 110 February 12, 1987 • • AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. ------------------------------------------------------------------------------ 50. NOMINATE TEN INDIVIDUALS TO BE LATER APPOINTED BY THE STATE LEGISLATURE TO THE VISIONS 2000 COMMITTEE. Mr. Plummer: I now move 54 as names submitted by the commission be approved. Mrs. Kennedy: Second. Mayor Suarez: So moved and seconded. Two per commissioner. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-159 A MOTION NOMINATING MEMBERS OF THE VISIONS 2000 COMMITTEE COMPRISED OF TEN INDIVIDUALS TO BE APPOINTED. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Dawkins: But I too like Commissioner Kennedy need a statement of something of what they're supposed to do so I know who to appoint, what they're doing. I just need a little brief of what you expect of us. NOTE FOR THE RECORD: THE ABOVE MOTION PASSED AS REFLECTED IS A COMPANION ITEM TO R-87-158. 51. AUTHORIZE THE SPORTS AND EXHIBITION AUTHORITY TO DISBURSE $10,000 FOR IMPROVING THE KNIGHT CENTER AND COCONUT GROVE EXHIBITION CENTER. ------------------------------------------------------------------------------ Mr. Plummer: Now we go to the item called the 'big rip-off'., Mayor Suarez: Item 55. Mr. Plummer: The big rip-off in the sky. Mr. Dawkins: 55. No, no, no, don't go, you're in on this, this is 55. Unidentified speaker: I'm not getting any of it though. Mr. Dawkins: You bragging or complaining? Ill February 12, 1987 Unidentified speaker: Complaining. Mr. Plummer: All right, come on, Blaisdell, come tell us again how bad they screwed us. Mayor Suarez: I thought we were going to have a personal guaranty from each individual member of the board of the Sports and Exhibition Authority. Mr. Dawkins: Including the Director, Blaisdell. Mayor Suarez: That's right and the Executive Director. that would work. Mr. Plummer: The one question I want you to address in your presentation is why have we got to give the money to the Authority to get the bond? Mr. John Blaisdell: There's a requirement on the subordinate note that there be a 125% debt service coverage ratio. The revenues available after funding the senior bonds do not provide enough coverage ratio for the bank to feel comfortable to give the money to us. Mr. Plummer: But why do we the City have to give the money to the Authority to cover the bond? Mr. Blaisdell: That was a legal mechanism, because the agreement is with the Authority, with the Bank and we have to give the comfort to the bank and we thought that the most appropriate vehicle was that since we were going to have a reimbursement agreement with the City, that we would do that. There may be a legal constraint, maybe general counsel, Chris, can answer that for you. I don't see a constraint with it. Mr. Plummer: I want to remind all of this Commission that I have a letter which I've given each one of you a copy in which it was stated back in December that all this Commission had to do was request the $10 million and they would write us a check. I want you to remember that. Go ahead and proceed. Mr. Blaisdell: The resolution in front of you is basically to authorize the Authority upon breaking escrow, to disburse or to commence disbursement on the City project the James L. Knight Center...$3 million and the Coconut Grove for five and a half million dollars. That's the basis of the resolution in front of you. Subsequent to that, the City departments would then initiate the, or complete the architectural process and... Mr. Plummer: All right, what are you telling us now. You want us to put up how much money to guaranty 125% of what we're going to get. Is that what you're telling us? Mr. Blaisdell: No Commissioner, Mr. Mayor, Commissioners, on... Mayor Suarez: It's 125% of the bondable capacity of the revenues which is about the same thing he said. Mr. Blaisdell: On December llth, you committed or you pledged the utility service tax, okay, but you said before you do anything or you put us at risk which means breaking escrow, come back to us with the projects and the amounts. Mayor Suarez: Right. Mr. Blaisdell: And we have come back now with the projects and the amounts. Mr. Plummer: No, you haven't. Now, I'm sorry, you know, here's the problem. This Commission set a priority of the Knight Center as a No. '1. Okay, you've got that, but when you came here and this Commission set it as priority No. 1, it was done on a number of 1.9, okay, and Dinner Key auditorium as priority No. 2 and it was said that whatever balance would be to go over to that. Now the Knight Center is bogged down at $3 million, $1.5 million to go to cover cost and.... Mr. Dawkins: And six million for this over here. 112 February 12, 1987 Mr. Plummer: How in the hell can we do anything at Dinner Key when we don't know how much money we've got to work with. Mr. Odio: The Knight Center —we have notified Mr. Grassie that they have 30 days to cure it. They're done; we're placing them on default. Mr. Plummer: I'm talking about buying out the lease holds. Mr. Odio: Wait, wait ... what he has done, he has not negotiated in good faith with the lease holders over there... Mr. Dawkins: No kidding? Honestly. Mr. Plummer: I remember, how well I remember Mr. and you know also, when those leases over there, those people were coming to these commissioners and crying poor mouth. You know, they didn't give us what they promised; we're not making any money. Now that there's a little pot of gold, those leases have suddenly just mushroomed into valuable pieces of titanium. Mr. Odio: That is correct. Now that's the problem when you tried to purchase leases. Mr. Plummer: But here's the point and I think we've got to remember this point. We have made commitments through our convention authority to certain groups around this country that when you come here, we're going to have that in place. Okay, now God forbid we're up beyond the $3 million. Mr. Odio: The City Attorney will tell you that I have asked her... Mr. Plummer: I'm not blaming you. Mr. Odio: I know. The problem is it is very frustrating Commissioner because we don't have control of that situation. The leaseholders are in contract with the Miami.... those people and they did not negotiate in good faith with them. Now we're trying to move in ... unless we can declare them on default and take over ... now in the meantime there's something else that is worse Mr. Mayor that you should know. Mr. Ramlawi who represents a group has taken to court Mr. Worsham and Grassie and they have a lawsuit between them over there. Mayor Suarez: Okay, you're telling us that the amount is indeterminate as to that, whether we can even negotiate or not, now... Mr. Odio: I think we should keep it at $3 million period maximum and do both projects. Mayor Suarez: What does that do to Dinner Key allocation that you're asking us to decide? Do we know the $5.5 million is enough? Does it make any sense for us to go ahead and make that allocation right now? Mr. Plummer: You can't. How can you do that unless you readjust your priorities? Mr. Odio: We can do something at Dinner Key with the $5.5 million. Mr. Plummer: You don't have that much money. Mr. Odio: Yes we do; we have $8.5 million. Mayor Suarez: I have to say one thing as a matter of policy for myself Commissioner, and maybe this answers a little bit your question. For myself I can't imagine going beyond three million for James L. Knight. There may be a point, there has to be a point at which we just stop negotiations and we'll do the best we can, but at least let's do Dinner Key, I mean, I don't know... Mr. John Gilchrist: The James L. Knight construction budget is 1.9 million as we had said before, and to buyout we've got one million in there, roughly speaking, for that. You can determine that that shouldn't be spent for it, but that's where we believe it's going to be within. Mayor Suarez: Now can you do with 5.5 which you want to be able to do with this facility to make it really one that makes works for the City? 113 February 12, 1987 Mr. Blaisdell: The answer is 'yes'; it would be somewhat modified, but yes. Mr. Odio: I think we should do both; I think we need both and that what we're going to get in the Dinner Key is the proper meeting room space that we need and do both. If we wait for the Knight Center to happen, this one will never happen. Mr. Plummer: Yeah, but Cesar look, I'm all in favor of doing Dinner Key and if the 5.5 stood alone and we knew that's what we had to work with that's fine, but Cesar we have made commitments, we have made commitments to conventions that are coming here in the next year or two. Mr. Odio: This is what I'm saying; we've got a total of $8.5 million, so let's... Mr. Dawkins: But you don't have the space to work on, that's what J.L. is saying. Mr. Plummer: No, what I'm saying is there's been no commitments made to groups, outside groups, to use the Dinner Key Auditorium. We gave our word. Mr. Odio: We have one commitment that worries me very much for the Knight Center which is the Caribbean Conference. Mr. Plummer: And the Florida League of Cities is asking about it, the Sister City groups are asking that we made a commitment to them. Mr. Odio: Yes, yes, yes. Mrs. Kennedy: Are you saying that all the commitments have been made to the Hyatt and not Dinner Key? Mr. Plummer: They're been made to the Knight Center. Mr. Odio: No, no, what he's talking about is we went out... Mayor Suarez: Well, those must have been conditional commitments based on our being able to accomplish what we wanted at James L. Knight Commissioner Plummer because there's no way we could make those commitments not even knowing if we could negotiate with these people. We had a bunch of sub- tenants to negotiate. Mr. Odio: What I guess what I'm saying is that let's do the Knight Center when we can and let's do this one now that we can. Mayor Suarez: Absolutely. Mr. Odio: And limit it to 5.5. Mr. Plummer: Mr. Mayor, I want to go ahead, but I would strongly urge that what we do, we know that a million and a half dollars is, in fact, the cost factor. I would say that if what we do today is to allocate three for the Knight Center, allocate five million for Dinner Key, and for God's sake keep a half million in reserve for contingency for either project. Mr. Odio: That even better, Commissioner. Mr. Blaisdell: There may be one constraint to that which... Mayor Suarez: There's a lot of constraints. We know about the constraints. Mr. Blaisdell:....we have to because we could lose the money.. The commitment, part of the criteria in determining the tax exempt status and -the availability of the funds includes that you have a viable project and this is provided for through state law. The viable project issue comes by through state law and I want to be sure, and I cannot give you that answer right now, I need to make some phone calls... Mr. Odio: John, we have a viable project, we have two viable projects. Mayor Suarez: John if we didn't have it... 114 February 12, 1987 Mr. Plummer: Well, what he wants to do, look I have no problem, he wants to approve the selection of the architect for the Knight Center and that makes it a viable project, is that correct? I have ; •.blem with that, okay, to select the architect. Now, before he gets his marching orders, that's a different story. Mr. Dawkins: I need a question answered. Where will the funds come to cover the debt service on the $10 million again please? Mr. Plummer: From the sports authority. Mr. Dawkins: That's the same people who they told you they were going to give you the $10 million to start with now J.L., now where are you? Mr. Blaisdell: The primary coverage, the first source comes from the convention development tax. After the senior bonds, the conventional development tax... Mr. Dawkins: from where? Mayor Suarez: The bed tax. Mr. Blaisdell: The convention development tax. The one-third allocated to the City of Miami. In the event that the convention development tax is not enough to cover the debt service on the subordinate note of $10 million, the City's utilities service tax pledge on water and gas will liquidate the pledge to the extent of that pledge. Mr. Dawkins: A loan... Mr. Blaisdell: On a loan it will be repaid by the Authority from future income... Mayor Suarez: It's really a guaranty. Mr. Dawkins: I want to be sure that it's a loan to the Sports Authority. Now, if the bed tax doesn't cover it, if nothing else doesn't cover it, we don't' want a white elephant like we got with the Hyatt Center. I don't want tax dollars to do this. Mr. Plummer: But wait a minute now, understand what you're doing. It's a loan to the Sports Authority guaranteed by us, at 125% of the value. So let's don't kid ourselves, you know we have been had. Mr. Dawkins: Well then can we get the Sports Authority to sign over... Mr. Plummer: No, they say they have no collateral. Everyone of their dollars are committed and now they're turning around and didn't put any kind of parking in and now they want us to build the parking for them. Mr. Dawkins: Well, see, now that I'm not going to vote for. Mr. Plummer: What you will vote for is to lease them some City property. Hopefully, we can get some revenue back. Mr. Dawkins: But see we sat up here and told Dacoma when they were building this that they were only using one-third of a choice spot and they should have gone ahead and made the parking garage on the other two-thirds of that choice spot and they wouldn't do it. So that's their problem. Mr. Plummer: I agree. Mr. Mayor I move Item 55. We have no choice. Mayor Suarez: So moved. Do we have a second? Mr. Plummer: I'm telling you before either one of those architects gets their marching orders this Commission's to approve it. Mr. Odio: I want you to see what we're going to do here. Mrs. Kennedy: The final design of both projects has to be approved... 115 February 12, 1987 Mr. Plummer: No, no, no, before that Rosario...if you let it go to final design then you're going to be into work changes and work orders and all that sort of thing. Mrs. Kennedy: Okay. Mr. Odio: We will bring to you, there is a committee, as a matter of fact the Committee for Dinner Key Auditorium should have a meeting and review the plans and knowing that we have $5 million to work with, that should alter those plans accordingly. Mrs. Kennedy: Okay. Mayor Suarez: Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-160 A RESOLUTION AUTHORIZING THE MIAMI SPORTS AND EXHIBITION AUTHORITY TO DISBURSE THE PROCEEDS FROM A TEN MILLION DOLLAR ($10,000,000) MIAMI SPORTS AND EXHIBITION AUTHORITY SUBORDINATE OBLIGATION NOTE, SERIES 1985, FOR THE PURPOSE OF IMPROVING THE CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER AND THE COCONUT GROVE EXHIBITION CENTER. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 52. EXECUTE AGREEMENT WITH FULLERTON AND ASSOC FOR PLANNING SERVICES FOR CONVERSION OF EXISTING RETAIL SPACE AT KNIGHT CENTER INTO EXHIBITION SPACE. Mr. Blaisdell: Mr. Mayor and Commission, I also would like to have you take the action on this architectural agreement too. Mr. Plummer: I so, I so move the architectural on the James L. Knight Center. Mr. Dawkins: 55, J.L. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded the architects agreement on James L. Knight. Call the roll. 116 February 12, 1987 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-161 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE NEGOTIATED AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND FULLERTON AND ASSOCIATES, ARCHITECTS PLANNERS, P.A. TO PROVIDE PROFESSIONAL PLANNING AND DESIGN SERVICES FOR THE CONVERSION OF EXISTING RETAIL SPACE, ADJACENT MALL AND SERVICE AREAS AT THE CITY OF MIAMI/UNIVERSITY OF MIAMI, JAMES L. KNIGHT INTERNATIONAL CENTER, INTO EXHIBITION SPACE, WITH FUNDS ALLOCATED FROM MIAMI SPORTS AND EXHIBITION AUTHORITY'S TEN MILLION DOLLAR SUBORDINATE OBLIGATION NOTE, SERIES 1985, HELD BY SUN BANK, N.A., TO COVER THE COSTS OF SAID SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Plummer: Let's schedule, Mr. replacement of the Sports Authority. Mr. Dawkins: Second. Mayor, March 12th a discussion on Mr. Plummer: March the 12th we're going have a discussion here about possibly replacing the Sports Authority members. Mayor Suarez: I'd like to consider, at that point, changing the name also to Exhibition and Sports Authority. Put the right priority where it belongs at this point since we didn't do it in the past. Mr. Plummer: I so move Mr. Dawkins: Second. Mayor Suarez: Moved and Seconded. Any discussion? Call the roll. Madam City Clerk: Mr. Dawkins? Mr. Dawkins: Discussion by Commissioner Joe Carollo 53. RESCHEDULE COMMISSION MEETINGS IN MARCH TO MARCH 13TH AND MARCH 31ST ------------------------------------------------------------------------------ Mr. Carollo: Can we change that date to another date? Mr. Plummer: When do you want it Joe? Mr. Carollo: Either the day before or the day after. Mr. Plummer: No, no, no, we're just changing, we're scheduling an item for discussion on that date. 117 February 12, 1987 Mr. Carollo: Right, but what I'm saying is can we change the meeting date? Mr. Dawkins: Change the Commission meeting, Joe is saying. Mr. Plummer: Of the 12th7 I thought you wanted the 26th changed. Mr. Carollo: I just can't meet on the 12th, it's my birthday. Mr. Plummer: Okay, may I suggest then that we change the meetings in March to March 5 and 19? Mr. Carollo: We can't meet on the 10th, it's Millers, it's going to be the llth. Mr. Plummer: How 'bout, the 18th is my brother's day off... That sounds good. Mr. Carollos Make it Friday, the 13th Mr. Plummer: That sounds good Mr. Carollo: Plummer's lucky day. Mr. Plummer: Okay, the 13th -- what are we going to change the 26 date to? Mr. Carollo: Leave it the same. Mr. Plummer: No, a number of us need to change that. Mr. Carollo: The 31st? Mr. Plummer: That's all right with me. Mayor Suarez: Okay, the 13th and the 31st. So moved. Mr. Plummer: 13 and 31? Mayor Suarez: Right. Call the roll. Mr. Plummer: That's to change the dates. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-162 A RESOLUTION RESCHEDULING THE FIRST REGULAR CITY COMMISSION MEETING IN MARCH, 1987 TO MARCH 13, 1987, AND THE SECOND REGULAR CITY COMMISSION MEETING IN MARCH, 1987 TO MARCH 31, 1987. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. ; 118 February 12, 1987 ------------------------------------------------------------------------------ 54. SCHEDULE rOR MARCH 13TH AGENDA DISCUSSION OF POSSIBLE REPLACEMENT OF MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY. Mr. Plummer: Now I move that on the 13th of March meeting, the good luck day, we talk about replacing the Sports Authority. Mayor Suarez: So moved. Mr. Dawkins: Seconded. Mayor Suarez: Seconded. Any discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-163 A MOTION EXPRESSING THE INTENT OF THE CITY COMMISSION TO HAVE AS AN ITEM ON THE MARCH 13TH AGENDA A DISCUSSION OF POSSIBLE REPLACEMENT OF ALL PRESENT MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 55. BEER PERMIT FOR RUGBY FOOTBALL CLUB CHAMPIONSHIP IN GRAPELAND HEIGHTS PARK Mayor Suarez: Item 56 - Miami Rugby Football Club. Mr. Plummer: Is Rugby as bad as soccer? Mr. Odio: It's worse, they hit you... Mr. Plummer: Then I don't want to serve beer and wine. Mrs. Kennedy: Mr. Manager what is your recommendation? Mr. Odio: That we do. If they're drugged, they don't feel the... Mrs. Kennedy: ...pain. Mayor Suarez: I thought you had authority to do this without us and not in this particular park? Mr. Jack Eads: That ordinance was passed on first reading today so we need to do it because of timing. Mayor Suarez: I'll move it. Mr. Plummer: Motion made to approve Item 56 -- is there a second? Mrs. Kennedy: Second. 119 February 12, 1987 Mr. Plummer: Seconded by Kennedy. Any discussion? Call the roll. The following resolution was introduced by Mayor Suarez, who moved its adoption: RESOLUTION NO. 87-164 A RESOLUTION GRANTING, UPON THE ISSUANCE OF A TEMPORARY PERMIT BY THE FLORIDA DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, THE REQUEST OF THE MIAMI RUGBY FOOTBALL CLUB, INC. TO SELL BEER IN GRAPELAND HEIGHTS PARK ON FEBRUARY 28, 1987, IN CONNECTION WITH THE FLORIDA STATE RUGBY CHAMPIONSHIP; SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY LAW AND COMPLIANCE WITH SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: Vice -Mayor J. L. Plummer, Jr. ABSENT: None. 56. APPOINT STEVEN GOODRICH TO THE MIAMI AUDIT ADVISORY COMMITTEE. Mayor Suarez: Item 58 is Commissioner Dawkins' appointment to the Miami Audit Advisory Committee. If you have that, we'll take it up; if not, we'll go on. Mr. Dawkins: I nominate Steven Goodrich. Mayor Suarez: Steven Goodrich? I haven't seen Steve in a while. Okay, that's in the form of a motion; do we have a second? Mr. Plummer: I'm sorry, what are you...? Mayor Suarez: Commissioner Dawkins' appointment to the Audit Advisory Committee. Steven Goodrich, C.P.A. Mr. Plummer: Who is it? Mayor Suarez: Steven Goodrich. Mr. Plummer: Second. Mrs. Kennedy: Sure second. Mayor Suarez: Moved and seconded, call the roll. The following resolution was introduced by Commissioner 'Dawkins, who moved its adoption: RESOLUTION NO. 87-165 A RESOLUTION APPOINTING ONE INDIVIDUAL TO THE CITY OF MIAMI AUDIT ADVISORY COMMITTEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 120 February 12, 1987 Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. NOTE FOR THE RECORD: IT WAS AGREED TO DEFER TO THE NEXT MEETING THE SUBJECT OF THE APPOINTMENT BY COMMISSIONER CAROLLO TO THE ZONING BOARD. 57. APPOINT ART TEELE TO THE AD HOC MINORITY ADVISORY COMMITTEE FOR THE MIAMI ARENA. Mayor Suarez: Item 60. Commissioner Plummer has one appointment is what I'm told. Commissioner Carollo has an appointment. Ad Hoc Minority Advisory Committee for the Miami Arena. Mr. Plummer: I'm going to defer mine until the meeting of the 13th, Mr. Mayor, at such time as we discuss it all. Mr. Carollo: I will name Art Teele. Mayor Suarez: Okay, we have a motion for Art Teele. Do we have a second? Mr. Plummer: Second. Mayor Suarez: Seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 87-166 A RESOLUTION APPOINTING INDIVIDUALS TO SERVE AS MEMBERS OF THE AD HOC MINORITY ADVISORY COMMITTEE FOR THE DEVELOPMENT, CONSTRUCTION AND OPERATION OF THE MIAMI ARENA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Carollo: Now, if he does run for Mayor, I could reconsider, right? 121 February 12, 1987 58. APPOINT HOMER MARLOW, DAVID WEAVER AND FRANCISCO BLANCO TO THE KNIGHT CENTER ADVISORY COMMITTEE (SEE LABEL 061). Mayor Suarez: Item 61 is each one of us gets an appointment to the James L. Knight International Center Advisory Committee. Mr. Plummer: I renominate Homer Marlow. Mrs. Kennedy: Can we renominate anybody, or... Mayor Suarez: Yes. Mrs. Kennedy: Okay, I renominate David Weaver. Mayor Suarez: I nominate Francisco Blanco, Jr. Any other nominations that the other commissioners want to hold theirs in abeyance until... Mr. Carollo: Hold mine because I don't even know who I'm nominating. Mayor Suarez: Okay, let's take a vote. Motion and a second on those three. Mr. Plummer: Mr. Mayor, I would move that Item 61 be approved in total and the other two commissioners can add theirs at will. Mayor Suarez: In writing okay. So moved. Mrs. Kennedy: Seconded. Mayor Suarez: Seconded. Any discussion. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-167 A RESOLUTION NOMINATING AND APPOINTING CERTAIN INDIVIDUALS TO THE CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER ADVISORY COMMITTEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. ------------------------------------------------------------------------------ 59. APPOINT LUIS SABINES, ROBERT CHISHOLM AND WILLY BERMELLO THE LATIN QUARTER REVIEW BOARD. Mayor Suarez: Item 62. Mr. Plummer: I have two appointments on that. I reappoint Luis Sabines and Chisholm. Mayor Suarez: So moved. 122 February 12, 1987 Mr. Sergio Rodriguez: There is appointment by the Mayor and two by Commissioner Carollo. Mayor Suarez: Willy Bermello's on their already, right? Mr. Rodriguez: Well, his time has expired, so if you want to reappoint him, you have to... Mayor Suarez: So moved to reappoint Willy. Mr. Carollo: I'll reappoint the same one I have before. Mr. Rodriguez: They didn't apply, Commissioner. Those two members didn't apply... Mr. Carollo: Who did not apply? Mr. Rodriguez: Neither Francisco Lopez nor Orlando Toledo The other person that you had, the other applicant is Javier Ramos and his application doesn't qualify. Mr. Carollo: Weren't each of us supposed to have one each? Mrs. Kennedy: Yeah, how come I don't... Mr. Rodriguez: You're suppose to have two. Mr. Carollo: It's two; I thought it was only one. Mr. Rodriguez: No, two. Mr. Carollo: Then I would pull mine. One of them will reapply. Mayor Suarez: Okay, we're holding in abeyance Commissioner Carollo's appointments and... Mr. Dawkins: I reappointed all of mine? Mayor Suarez: Yours are not up I don't think. Mr. Rodriguez: Yours are already in effect . Yours have not expired yet. Mayor Suarez: Call the roll on the nominations. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-168 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO THE CITY OF MIAMI LATIN QUARTER REVIEW BOARD FOR A TWO YEAR TERM OF OFFICE BEGINNING FEBRUARY 28, 1987, AND ENDING FEBRUARY 27, 1989. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Mayor Suarez, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. I 123 February 12, 1987 Mr. Carollo: Sergio, can you call Lopez Borges and tell him to fill out the application. I now he was interested. If you could call him up so he could fill out whatever application he has to. Mr. Rodriguez: Okay, I will. 60. A. APPOINT ELSA WAITE TO THE YOUTH ADVISORY COUNCIL. B. ESTABLISH $2500 FOR YOUTH ADVISORY COUNCIL. Mayor Suarez: Item 63. One member to the Youth Advisory Board, Commissioner Dawkins' appointment. Mr. Dawkins: Elsa Waite. Mayor Suarez: Elsa Waite? Mr. Dawkins: Waite -- W-a-i-t-e. Mayor Suarez: Are you asking me to wait or is that her name? Mr. Dawkins: No, that's her name, Elsa Waite. Mr. Plummer: Second the motion. Mayor Suarez: Moved and seconded. Any discussion. Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 87-169 A RESOLUTION APPOINTING AN INDIVIDUAL TO THE CITY OF MIAMI YOUTH ADVISORY COUNCIL FOR THE REMAINDER OF A TERM OF OFFICE EXPIRING MAY 6TH, 1988. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Dawkins: Mr. Mayor, Mr. Manager, are we providing any supportive services to this group? Mr. Plummer: No. Mr. Odio: Which one is this? Mr. Plummer: Youth Advisory Board. Mr. Odio: Yes, I have. Mr. Plummer: Supportive or financial? Mr. Odio: No, not financial support, staff support yes. Mr. Dawkins. Because they're a little miffed with me because they went out and got some $1.98 T-shirts from somebody and had some imprints on them and 124 February 12, 1987 they want to sell them for $30.00. And I mean, I can't allow them to be ripped off like that. So what can we do? Mr. Plummer: We can establish a budget for them. I move at this time that we establish a budget with tight regulations as to the spending and appropriations of $2,500. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Any discussion? Mr. Carollo: $2,500? Mr. Plummer: Yeah. With full control by the liaison from the City. Mayor Suarez: $2,500 you said. Mr. Plummer: $2,500. No... Mayor Suarez: $25.00, right? Mr. Plummer: $2500. Mr. Carollo: It'll probably enough for all of them to go to the movies once. Mr. Plummer: Maybe. I so move. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. And when you say strict monitoring, that means... Mr. Plummer: By the liaison who I think is out of your office. Mayor Suarez: $2500? Well, I hope they come up with a good use for it. Any discussion on that? Sounds a little high to me. Mr. Plummer: Yes, he... Elsa Waite. Mr. Dawkins: W-a-i-t-e, from Miami Jackson. Mayor Suarez: Call the roll. Mr. Carollo: Okay I got another one here. Mr. Plummer: Wait a minute, call the roll on the motion on the floor. Mr. Carollo: I'm going to give another name. We can do it altogether. Mr. Plummer: This is for the budget. Mr. Carollo: Oh for the budget? The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 87-170 A MOTION ESTABLISHING AN AMOUNT NOT TO EXCEED $2500 FOR THE CITY OF MIAMI YOUTH ADVISORY COUNSEL SUBJECT TO FULL CONTROL AND SUPERVISION BY THE CITY ADMINISTRATOR. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote- 125 February 12, 1987 1 M AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Now, I think we've got a complete board except for Commissioner Dawkins, so there's no other appointments to that. 61. SUBSTITUTE PREVIOUS NOMINATION OF DAVID WEAVER WITH GUY SANCHEZ FOR THE KNIGHT CENTER ADVISORY BOARD. (SEE LABEL #58) Mrs. Kennedy: Mr. Mayor, on Item 61, I've been advised that David Weaver has already been nominated by the University of Miami, so I renominate Guy Sanchez. Mayor Suarez: So moved. Guy Sanchez is renominated to the James L. Knight Advisory Board. Mr. Plummer: Wait a minute. I fully concur with Guy, but Guy is on some other board; you can't serve on... what board? Mrs. Kennedy: He's in here... Mr. Plummer: Guy's on some other board. That's the only board he serves on? Mayor Suarez: That's a joint board; I don't know if that applies to prohibition because that's a joint board with the University of Miami. Mr. Plummer: Yeah, but he already serves if I'm not mistaken on some ... heh, let's approve it and if he does serve on another board, then he can... Mayor Suarez: And if that creates a conflict, which I'm not sure it does... Call the roll. The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 87-171 A MOTION SUBSTITUTING PREVIOUS NOMINATION MADE BY COMMISSIONER KENNEDY TO THE CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER ADVISORY COMMITTEE; AND SUBSTITUTING THEREFORE THE NAME OF MR. GUY SANCHEZ. Upon being seconded by Vice Mayor Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 126 February 12, 1987 62. YOUTH ADVISORY COUNCIL TO RAISE MONIES DURING "GENESIS" CONCERT ON BEHALF OF RONNIE DESILLERS, CHILD IN NEED OF LIVER TRANSPLANT. ------------------------------------------------------------------------------ Mr. Carollo: Before we get into that briefly, since we were just a minute ago talking about the Youth Advisory Board, I'd like to bring up a motion that the Youth Advisory Board might possibly want to get involved with. That has to do with the coming Genesis concert that everybody wants to go to and is so popular like all Genesis, and what I'd like to do is to pass a resolution giving special permission to, if the promoters of Genesis would agree with us, so that we could get some people out there, possibly the Youth Advisory Board might want to get involved with that to raise money before and after the concert, they might be able to announce it there for the young man, Ronnie, that needs to have the liver transplant. Mayor Suarez: So moved. What specifically would you want the promoter to agree to, just to let him somehow participate in the fund-raising effort? Mr. Carollo: To let whatever groups we can organize to go out there before and after the concert to raise money for him and possibly to announce it. Mr. Plummer: What they have done in the past, Mr. Mayor, is, it's been done during a few Dolphin games.... Mayor Suarez: I saw it in the Miami Project, Nick Bounicconti. Mr. Plummer: .... is that they take and they pass a special kind of a container up and down the aisles and it's usually done during an intermission. Mayor Suarez: And it has to be announced obviously? Mr. Plummer: And it's got to be with their cooperation. Mr. Carollo: Of course, they've got to approve it. Mr. Plummer: I second that motion. Mayor Suarez: So moved and seconded and the Youth Advisory Committee be asked to implement that and subject of course to the promoter agreeing to the concept which he will be encouraged to do. Mr. Carollo: We need the administration to get on this right today so Cesar if you could appoint somebody for it once it passes... Mayor Suarez: Get a staff liaison to help us out with this... Mr. Odio: Yes. Mayor Suarez: So moved and seconded. Any discussion? Call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 87-172 A MOTION OF THE CITY OF MIAMI COMMISSION ASKING THE PROMOTERS OF THE CONCERT GROUP "GENESIS" TO AGREE TO ASSIST THE YOUTH ADVISORY COUNCIL IN RAISING MONIES BEFORE AND AFTER THEIR SCHEDULED CONCERT ON BEHALF OF RONNIE, THE CHILD IN NEED OF A LIVER TRANSPLANT. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote- 127 February 12, 1987 rl Ly AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 63. WAIVE REQUIREMENT FOR SEALED BIDS, APPROVE PURCHASE OF SERVICES RELATED MAINTENANCE AND EQUIPMENT FOR MONEYMAX COMPUTERIZED CASH FLOW INVESTMENT SYSTEM. Mayor Suarez: Item 64 we were in the midst of. Mr. Plummer: I moved it already. Mayor Suarez: Do we have a second? We need a four -fifths vote. Moved and seconded. Any discussion. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-173 A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVING THE PURCHASE OF PROFESSIONAL SERVICES, RELATED MAINTENANCE, COMPUTERS PROGRAMS, AND EQUIPMENT FOR MONEY MAX COMPUTERIZED CASH FLOW INVESTMENT SYSTEM FOR THE DEPARTMENT ON A CONTRACT BASIS FOR ONE (1) YEAR RENEWABLE ANNUALLY FROM WISMER ASSOCIATES INC. AT A PROPOSED YEARLY COST OF $18,000; ALLOCATING FUNDS THEREFOR FROM THE GENERAL FUND; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE, SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 128 February 12, 1987 64. ALLOCATE $15,000 TO U.S.T.S BUD LIGHT TRIATHLON. Mayor Suarez: Item 67 -- Chamber of Commerce. Sports Action Committee. Mr. Plummer: Mr. Mayor, I asked at the last meeting that we be allowed to meet or that I be allowed to meet, I want to tell the Commission that I've furnished you all with information. I think it is a great, valuable thing for this City. It is $15,000, which only costs, the whole thing will originate from Bicentennial Park. They will give us one soft minute full time of allowing us to write the video for this presentation. This is one of thirteen in the circuit and it will be the kickoff of the circuit. They had formally been in Fort Lauderdale, had very serious problems. I think it is money well spent in behalf of this City to get this kind of exposure and I think the thing that was really convincing was that they will have approximately 1,500 people participating, coming from out of town, who will need rooms, lodging, food, and the whole nine yards. We spent a lot more than this to get a convention of this size and I think it's money well spent because we'll get exposure and I would so move it. Mrs. Kennedy: And I second. Mr. Plummer: It's a free event, by the way, open to the general public. Mrs. Kennedy: Shall we enter? Mayor Suarez: Moved and seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-174 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $15,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, TO COVER ALL OR PARTIAL COSTS FOR CITY SERVICES AND FEES REQUIRED FOR THE U.S.T.S BUD LIGHT TRIATHLON TO BE HELD MAY 3, 1987, IN BICENTENNIAL PARK, DOWNTOWN MIAMI AND VARIOUS SITES THROUGHOUT THE COMMUNITY, SUBJECT TO AND CONTINGENT UPON COMPLIANCE WITH SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Item 68 has been withdrawn. 129 February 12, 1987 65. ALLOCATE $25,000 FOR 1987 MIAMI MAGIC FESTIVAL; AL'THO?I'7- SALE C: BEER/WINE; CLOSE CERTAIN STREETS. Mayor Suarez: Item 69 -- Junior League. We're ready for you. Mr. Plummer: Well, Mr. Mayor, on Item 69, I might try to simplify it for you if I may. Mayor Suarez: That would help. Mr. Plummer: As you know, we have the 1988 Sister City Convention. The Junior League would like to tie hands with the Sister City groups; they will be putting on a festival this year highlighting the Sister City programs, and join hands with us next year once again to work with us on the Sister City Convention. They're requesting $24,000; it is downtown Miami; I think it is a very fine thing for this community, and it surely will help us in our presentation of Sister City and I would like to move it at this time. Mrs. Kennedy: And I second. Mayor Suarez: So moved and seconded. There is an interesting article in today's Miami News about the name Magic City for Miami. You might send some letters to the writer about why we'd like to call it the Magic City. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-175 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $25,000 FORM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, IN SUPPORT OF THE 1987 MIAMI MAGIC FESTIVAL TO BE HELD APRIL 25, 1987; SAID ALLOCATION BEING CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH CITY OF MIAMI ADMINISTRATIVE POLICY NO. APM-1-84, DATED JANUARY 24, 1984; FURTHER AUTHORIZING A ONE -DAY PERMIT TO SELL BEER AND WINE IN CONNECTION WITH SAID EVENT SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY LAW; FURTHER AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES AND THE REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Thank you. Unidentified speaker: Thank you. 130 February 12, 1987 Mayor Suarez: That was a great, eloquent, brief presentation. Unidentified speaker: 1 just have to follow up with three other... Mr. Plummer: Careful, you might lose. Unidentified speaker: Do you officially have to authorize the closing of Flagler Street, the permit for the five -mile run through downtown... Mr. Plummer: We so authorize the Manager with the concurrence of the Police Department, Fire Department, and other City departments that you hold the City, indemnify the City against any liability and if approved this Commission approves it, I so move. Unidentified speaker: Thank you. Mayor Suarez: Was that part of the motion, the intent of the original motion? Mr. Plummer: No, it wasn't, yeah... Mayor Suarez: OK. So moved. Do we have a second on that? Mrs. Kennedy: Second. Mayor Suarez: Seconded. Any discussion? Call the roll NOTE FOR THE RECORD: A VOTE WAS TAKEN AGAIN WITH PLUMMER MOVING AND KENNEDY SECONDING AND WITH THE SAME RESULTS AS THE ABOVE RESOLUTION 175. THEREFORE, THIS VOTE IS INCORPORATED WITH THE ABOVE RESOLUTION 175. There was a discussion as follows: Mr. Dawkins: Commissioner Kennedy, I'm voting yes and I'm glad to see you let one man get in the group. Mr. Plummer: Miller Dawkins, you got to identify that one man. Louis Alberto Rincon... Mr. Rincon: We went to Cartagena Commissioner... Mr. Plummer: And this man... Mrs. Kennedy: Oh, boy.... Mr. Plummer: This man, this Columbiano is, he's a man. Mayor Suarez: Now that we've got that clarified, we can move on to the next item. Thank you. Mayor Suarez: Item 70 -- proposed outdoor lighting standards. Mr. Plummer: That's Ralph Aaron. I don't see Ralph here. Mayor Suarez: Is Mr. Ralph Aaron here? Is he going to make a presentation? Mr. Plummer: Yeah, he was questioning the lighting ordinance. Mayor Suarez: OK, we don't see... Mr. Odio: I think he said he might withdraw it, uh, so... Mayor Suarez: Personal appearance requests are here so... NOTE FOR THE RECORD: NO ONE SHOWED ON ITEM 70. 131 February 12, 1987 66. ALLOCATE $3,000 FOR ORCHID SOCIETY'S ANNUAL SHOW. Mayor Suarez: Item 71 -- South Florida Orchid Society. Mr. Odio: They are requesting, just for your information, Commissioner, $12,000 rental fee, not including personnel to cover the rental of the Coconut Grove Exhibition Center for the 42nd Annual International Orchid Show on February 26, 27, 28 and March 1. We are recommending this request be denied. Mayor Suarez: This is a 42nd annual? What'd we do last year? Mr. Odio: They paid rent, uh, we have never... Mayor Suarez: Just clarifying that point. Go ahead sir, give us your name and if you are paid to make your presentation here you have to register -- I presume you're not. Mr. Manuel Menendez: No, I not paid, I'm volunteered. Manuel Menendez -- I'm the President of the South Florida Orchid Society and we've been, the Miami Orchid Show is the oldest and the grandest show in the country; it's known throughout the world and this is our 42nd year and we've never asked the City for, we've been paying tenants to the City for 42 years and we use to be at Dinner Key -- at Bayfront Park and since we moved over to Dinner Key, the cost have tripled (of course our show has grown) and I believe the City Attorney said the rent was $12,500. We're not asking for that, we're asking for $6,500. There's other costs at the Coconut Grove Exhibition Center like personnel, fire, police, all that, we're prepared to pay, and we're... Mayor Suarez: How do you answer to the City Manager's report that we have to refinish the floor after every show and otherwise spent the $6,500 we typically charge. And we've been charging for at least three years I think. Mr. Menendez: Sir, we pay over $3,000 personnel fee to clean that floor every year. Mayor Suarez: But you know... Mr. Menendez: And if you've seen the floor when we came in, I mean you know, that... Mr. Odio: That facility has a deficit and we have to bring it to a serial point in the budget and I have to strongly recommend that they pay their rent. Mayor Suarez: Sir, even when we subsidize an event because we think it's important for Miami, we try to phase out the subsidy after a while. For an event that's been running for forty-two years, you would think that uh... Mr. Menendez: Well, everything has grown in cost and so have you, but we're bringing national exposure to the City of Miami, we're going to have Good Morning America there with a remote, and... Mr. Odio: Are we guaranteed that Mr. City Manager? That Good Morning America's going to be there? Mr. Odio: Oh yes, they're coming. Mayor Suarez: No I mean at the Orchid Show? Mr. Odio: Oh, I didn't know they were coming to the Orchid Show. Mr. Menendez: Yeah, they'll be at the Orchid Show. Also, I'd like to point out, I'm not threatening the City, but the City of Miami Beach would love to have us over there. Well, we want to stay at Miami... Mr. Odio: Let me say this, we are in a very competitive atmosphere. I don't mind competing with Miami Beach Convention Center. We need to have revenues, we need the rent and I recommend that we don't waive the fees again. 132 February 12, 1987 Mr. Menendez: Sir, with due respect, it's awfully expensive to have anything over there, that's why you need revenue... Mr. Odio: We have the same... Mrs. Kennedy: Mr. Manager, what is the actual cost of the City to waive this fee? Mr. Odio: $12,000. We have the same rent schedule, by the way, that all the other facilities in the area, so the cost to him in this facility is lower than Miami Beach because they have a bigger space over there and the cost is higher from what I've been told, so we're in a competitive world and I'm willing to compete and... Mr. Menendez: Sir, our contract is $6,500 rent; that's what I'm asking for. The other costs bring it over the $13,000 with personnel, license, and so forth, but the actual rent is $6,500. That's what I'm asking for. Mr. Plummer: Well, sir, aren't you charging admission? Mr. Menendez: Yes sir. Mayor Suarez: How many people do you expect? Mr. Plummer: How much money did you make last year? Mr. Menendez: Last year, we made $9,000; the year before we lost $17,000, Mayor Suarez: And you're still paying for it... Mr. Menendez: The South Florida Orchid Society is a non-profit organization. All this is volunteer work, but since we got over here and our show has grown so big, we have to rent all our background foliage that the City used to lend us, we used to borrow from all over. We've got 100,000 square feet to fill over there and in order for us to continue this tradition, I believe that the City should help us in this. Mr. Odio: What I know about this show, if you've been in that show, they fill the place with sand all over the place. Mr. Plummer: Hey, look, it's a beautiful show. We're not talking about whether it's a great show or not, we talking about $12,000. Mr. Menendez: No sir, uh $6,500 is what we're talking about not $12,000 Mr. Plummer: He's saying twelve... Mrs. Kennedy: He just... Mr. Menendez: I'm sorry, it was $6,500, can I request Mrs. Kennedy: What happened to the other $6,500 or $6,000, or whatever? Mr. Menendez: $6,500 is the rent on the hall or any part of that, we would like... Mrs. Kennedy: What is the actual cost? Didn't he say it was $12,000? Mr. Plummer: If the mean man won't compromise, how about three? Mr. Menendez: Anything. Mayor Suarez: Move it. Mr. Plummer: I move three. We're moving that we're going to waive $3,000 of their cost Mr. Menendez: We want to continue the show here; we want to have forty-two more here. 133 February 12, 1987 e t� Mr. Plummer: But sir, with one provision, that next year you're not going to get it and understand it now. Mayor Suarez: We're going to phase it out over two years in effect, so you may as well... Mr. Menendez: Sir, to my knowledge, it's the first time we've ever asked anybody for anything over here. Mr. Plummer: OK, to your knowledge I'm moving $3,000 this time of your rental to be waived, with the understanding don't come back next year. Mr. Odio: Let me clarify for the record that he has to pay $6,500 a day, OK, and so that we understand and he's got... Mr. Plummer: Did you understand me, I said we're waiving $3,000 of whatever his rental is. That's what I said. Mr. Odio: Total? Mr. Plummer: That's what I said. Mr. Odio: OK, I want him to understand that's it's not $3,000 a day... Mr. Menendez: No, you're off... Mayor Suarez: You didn't mean $3,000 of the $6,500? Mr. Plummer: I meant $3,000 worth of rental we're going to waive... Mayor Suarez: ...over the three days, a thousand a day? Mr. Plummer: Whatever it is. Mr. Menendez: Whatever... Mayor Suarez: So moved, do we have a second? Mrs. Kennedy: Second. Mayor Suarez: Seconded, any discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-176 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $3,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, TO COVER ALL OR PARTIAL COSTS FOR CITY RENTS, SERVICES AND FEES REQUIRED FOR THE SOUTH FLORIDA ORCHID SOCIETY'S ANNUAL ORCHID SHOW TO BE HELD FEBRUARY 26 THROUGH MARCH 1, 1987, IN THE COCONUT GROVE EXHIBITION CENTER; SUBJECT TO AND CONTINGENT UPON COMPLIANCE WITH SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 134 February 12, 1987 ----------------------------------------------------------------------------- Z 67. DISCUSSION CONCERNING PROPOSED INCINERATOR AND PROPOSED JAIL TO BE BUILT BY DADE COUNTY IN OR NEAR CITY OF MIAMI. Mrs. Kennedy: Mr. Mayor, I'd like to bring something up. It has been brought up to my attention that the Dade County Planning and Zoning Department has approved a proposal to construct an incinerator on 2355 N.W. 35th Avenue, which is 300 feet from the Miami city limits. Mayor Suarez: I understood Commissioner that the County was going to consider that after our next Commission meeting and I had thought that we could take it up at our next Commission meeting -- the second one of this month. That's what I told the proponents. Mrs. Kennedy: I don't now that, but I think that this.... Mayor Suarez: Yeah, they told me, Elva told me the County Commission was going to consider it in March... I Mrs. Kennedy: No. Because... Mr. Plummer: May I ask on the record, have any of you heard -- I heard this in Tallahassee the other day, that the State of Florida has already a set of drawings to put a jail in the Civic Center? Mr. Dawkins: That's right... Mr. Plummer: You heard that? Mr. Dawkins: Yes. Mr. Plummer: And this City has not been informed of said same. Mr. Dawkins: No, not at all. Mr. Plummer: Hey you know, you're saying it's an expansion of the present facility. Mr. Dawkins: Which present....no, no, no, no. I understood it was an expansion of the existing ..... Mr. Plummer: Taj Mahal? Mr. Dawkins: No, the mental prison facilities at 7th Avenue. Mr. Plummer: That's Seaboard? No, I hear that they're talking about a prison Mr. Pierce: Yeah, that's Seaboard. Mr. Plummer: No, I hear they're talking about a prison.. Mr. Dawkins: A brand new prison... Mr. Plummer: A brand new prison, that the drawings have been completed in Tallahassee for the Civic Center. Mr. Odio: We're on record that, a resolution passed by the Commission, that no other jails will be built here in the City of Miami. Mr. Plummer: No, sir, that was not the resolution, that is not the resolution that was passed, but let's get back to my point. The resolution was that no more jails be built in the City of Miami until such time as every other municipality has picked up their fair share of the load -- big difference, big difference.. Now, I want to get back. You know, these chambers are going to be overflowing if, in fact, what I heard is true, that the State is proposing without anyone's knowledge to build another jail in the Civic Center. 135 February 12, 1987 Mr. Walter Pierce: Mr. Plummer.... Mr. Plummer: ...without notifying us. Mr. Pierce: What we know as of record today is that the County, in the bond issue that was approved two years ago in the County, there's a new jail facility being proposed for construction right next to the existing jail in the Civic Center. The only other thing that I have heard about was an expansion of the mental corrections facility at 7th Avenue. We know about the resolution, we're well aware of it and Sergio has even refused to participate in the planning of that. We've written the County and told them and Sergio can put it on the record himself. Mr. Plummer: Well, I guess my question is, does this Commission retain any kind of control over zoning, land use or any kind of situation so when these thousands of people come storming in here... Mr. Pierce: The City Commission approved the construction of the last state.... Mr. Plummer: Seaboard... Mr. Pierce: That's right. Mr. Plummer: Yes sir, that I understand. Mr. Pierce: And at the same time the County enforced the State to go through the procedure for that new facility out in the Everglades...I would defer to the City Attorney, but I believe the City does have approval authority over new State correctional facilities. Mr. Plummer: Well, is there is zoning requirement? Mr. Pierce: Oh, yes. Mrs. Dougherty: There's a special exception requirement for a jail facility... Mr. Plummer: In any zoning? Mrs. Dougherty: In any zoning. Mr. Plummer: OK. Mrs. Dougherty: And I assume that the zoning district that the present jail is in would incorporate a permitted use by special exception of a new facility. Now I don't know if this is an expansion, that's what I have been told, and I have asked the County to forward the papers... Mr. Dawkins: But you see, I don't care, I don't care what it is OK, when the people out there around the Doral Country Club, when they started talking about putting a jail out there, you say they're going to bring their value down, OK, but they can come and put it in the City, they don't give a damn about the value, so we don't need, we've got thirteen correctional centers in the City of Miami, OK, you don't have a one in Coral Gables, you don't have a one in Key Biscayne, so why should you continue to put them in the City of Miami. Mr. Sergio Rodriguez: This came up as an invitation from the County to invite me to participate in the selection committee of, to choose the architect for the jail, 1,000 to 1,200 beds in the Civic Center. At that time, Mr. Dawkins: Who owns the land they're talking about putting it on, who owned the land? Unidentified speaker: How long ago was this? Mr. Rodriguez: One month ago. Mr. Plummer: And you didn't notify this Commission? 136 February 12, 1987 Mr. Rodriguez: Yes I did. What I did immediately, notified the County Manager that i couldn't participate in the selection committee and that I would not cooperate in this effort. I immediately, there was a memo sent by the Manager to you all explaining the position that we were taking, that we were not cooperating with the Manager. Mr. Dawkins: But if we don't give a building permit, I mean what... Mr. Rodriguez: Remember that you passed a resolution on December 11, in which you said, Resolution 86-1018, expressing that the City Commission didn't want any more jails built within the Miami City limits due to the fact that there were multiple jails already located in the City of Miami and because further expansion and concentration of jail facilities in the City impose an unfair and inequitable burden on City citizens, and directing the City Clerk to forward a copy of this resolution to the Dade County Commission. Mr. Plummer: That is not what we passed. Mr. Rodriguez: I'm telling you I'm reading from the record. Mr. Plummer: Madam Clerk, that is not what we passed. This Commission passed a resolution stating that we oppose any new jails being built in the City of Miami until the rest of the municipalities picked up their fair share and then you could build more jails in the City of Miami. But, you know, I think it would be excellent in the City of Coral Gables, the Biltmore Hotel's going to fall and let that be turned into a jail and Miami Shores needs one and Surfside could be a very fine location for integrating them with the ocean and since the Miami Beach Convention Center will absolutely not succeed, I think that they could easily convert that.... How many jails they got on Miami Beach? Mr. Rodriguez: I don't know. Mr. Plummer: None. Mr. Rodriguez: So as I was saying, we indicated to the County Manager that we would not participate and cooperate with them in this effort and also, a copy of that letter was sent to Judge Hoeveler, I believe, indicating the position of the City Commission on this. This is a result of committee that was established in 183 in which I participated as per the direction that I got from the then City Manager, to work on the possibility of adding, a 1,000 facilities in the Civic Center at that time. Mr. Plummer: Krome Avenue's half empty right? Half of Krome Avenue is closed. Do we still have prisoners at the top of the old police station? How many prisoners do we have up there? Mr. Pierce: 213 Mr. Castaneda: 190 Mr. Plummer: And I think there's room for 129, right, that's what they're paying us on, 129 Mr. Castaneda: They're paying $1.00 I believe. Mr. Plummer: No, they're paying us more than that... Mr. Dawkins: No they're not. Mr. Plummer: OK. And are they Federal prisoners, or are they County prisoners? They're County prisoners, uh-huh, OK, businessmen.. All right, OK. Don't we have a thirty -day termination with them? Mr. Dawkins: Yes Mr. Castaneda: I don't know, but Commissioners, we as the tenant underneath of them are having a lot of problems with them because their piping keeps breaking and the refuse from upstairs keeps falling in our department and it might be even a public hazard 137 February 12, 1987 Mr. Plummer: Well, I think you need to bring back this Commission for review that contract, because I think there's a thirty -day clause in there in which, you know, we need to review. Mrs. Kennedy: And, going back to the incinerator, I have been advised that it's coming before the County on March, so let's make sure Mr. Manager, Mr. Manager, let's make sure that we have it at the next City Commission meeting. The County does not have a good track record on incinerators... Mr. Plummer: Oh, yeah... Mrs. Kennedy: ...and this is something that would affect all the residents In the City of Miami, so I want to make sure that we're advised of this... Mayor Suarez: Yeah, that's the County incinerator. We had a person at the hearings. Mr. Pierce: My understanding is that this is a privately owned and operated incinerator that's going through the County zoning approval process Mayor Suarez: Oh, OK, I see. Mr. Pierce: This is not a County facility. Mrs. Kennedy: OK, but we want a say on that Mr. Pierce: Yes, we have a right, I'm sure we have a right, to go before the County Commission..... Mrs. Kennedy: That's right. Mr. Pierce: ...and make our views known as a City. Mr. Plummer: On what, the incinerator? Mr. Dawkins: What's you mean we have a right to let our position known, it's our land, we have a right not to issue permits. Mr. Plummer: No, it's not our land... Mrs. Kennedy: No, it's not our land... Mr. Plummer: It's not city -owned land... Mrs. Kennedy: No, it's not in the City, but it is 300 feet away from the City which is very close. Mayor Suarez: It affects a lot of our residents Mrs. Kennedy: It affects all the residents Mayor Suarez: but it's not technically our land, OK, I've got a memo going out to let you know to put that before the next commission hearing Mr. Pierce: In the meantime, we'll check to find out the exact status of it. Mayor Suarez: Please Walter, whatever you can tell us about it. Mr. Dawkins: OK, what we're going to do about what J.L. said, about the thirty -day cancellation? Mr. Plummer: Well, I want to know, look, come back at the next meeting and tell me whether we have any control over the land use -or any control whatsoever to enforce our resolution and come back at the next meeting and tell me. Mr. Rodriguez: Can I ask you something, suppose that we have, can you just instruct the City Attorney to proceed and put an estoppel on this? on the work until we... Mr. Plummer: Let's do it, they're not going to be breaking ground tomorrow. 138 February 12, 1987 �3 --------------- ----- ----------------------------------------- 68. CLOSE CERTAIN STREETS IN BAY HEIGHTS FOR BLOCK PARTY. Mr. Mayor, may I bring up a very quick thing I'm sure will not be controversial. The Bay Heights Association has asked that Pinta Road be closed from 1:30 to 6:30 for a block party. I would like to so move with the same stipulations that it has to be with the concurrence of the police and fire. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded... Mr. Plummer: I'm sorry, it's on February 22nd, it's a Sunday afternoon from 1:30 to 6:30. Mayor Suarez: Moved and seconded, thirded. Any discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-177 A MOTION GRANTING REQUEST RECEIVED FROM MEMBERS OF THE BAY HEIGHTS NEIGHBORHOOD ASSOCIATION FOR CLOSURE OF CERTAIN STREETS IN CONNECTION WITH A BLOCK PARTY SCHEDULED TO TAKE PLACE ON FEBRUARY 22, 1987 BETWEEN THE HOURS OF 1:30 P.M. TO 6:30 P.M., SUBJECT TO ALL APPROPRIATE PERMITS BEING OBTAINED. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 69. A- PERMIT NORTHEAST BISCAYNE BOULEVARD BUSINESS AND PROPERTY OWNER'S ASSOCIATION TO BANNER BISCAYNE BOULEVARD FOR OPENING OF BAYSIDE PROJECT; B- REQUEST EAST LITTLE RIVER COMMUNITY TARGET AREA TO EXTEND TARGET AREA BOUNDARIES FROM F.E.C. PROPERTY TO BISCAYNE BOULEVARD. Mayor Suarez: Item 72, Jim you're on. Biscayne Boulevard Business and Property Owner's Association -- can you shorten that name a little bit? Mr. Jim We are changing our name Mayor. Hello Commissioners, Mayor, we're here today to request some matching funding for the bannering of Biscayne Boulevard. We are attempting to banner the boulevard from the City limits to Bayside. We believe that 1987 is a great year for the boulevard. We are the gateway to the City of Miami; we'd like to make it a prettier gateway. So what our first request, we have two requests today Mayor and Commissioners, our first request is for $3,880 -- the County will pick up the other funding for the bannering. Mr. Carollo: $3,880, OK that's your first request Mrs. Kennedy: I'm sorry Jim, how much, $3,880, or $3,800 139 February 12, 1987 Mr. Carollo: Miller's nervous, he thought he heard $38,000. Mr. Jim : No, it's $3,880 Mr. Carollo: OK... Mayor Suarez: Make it an even $3,900 please... Mr. Jim $3,900 Mayor. Is there any... Mayor Suarez: Well, we're waiting to hear about the second request. We're worried about that one. Mr. Jim : OK, we're not going to worry about that one. Mayor Suarez: Jim, let me make a motion on your first request-- let's get the little things out of the way first. Mr. Carollo: I make a motion that we approve. Mayor Suarez: So moved. Mrs. Kennedy: I second it and under discussion, let me tell you that you and your organization are doing a marvelous thing. I have a lot of f aith in Biscayne Boulevard and I applaud you for that. Now, my other side of the question is can't Rouse help since they're going to be benefiting from this? Mr. Jim Well, actually, we're not doing it for the Rouse people Commissioner. The Rouse is a commercial venture and so if Rouse gets involved then the County won't get involved. Florida Power & Light will not... Mr. Plummer: Wait a minute Jim, there was a lot of money, Mr. Manager, there was promotion money that was to be put up front by Rouse. Why couldn't some of that promotion money be used? Mr. Odio: Rouse has got to put banners all the way up to the Omni. Mrs. Kennedy: And they want to extend it further to 72nd. Mr. Jim Florida Power and Light will not allow us to use their poles if we use a.commercial venture. In other words, they would not allow Bayside be put on the banners and that is the only way Bayside would go along with us. Mr. Plummer: You mean we've got to go shake the franchise at them again? Mayor Suarez: We got a motion and second on that. Call the roll. Mr. Plummer: Is the motion coged in such a way that we approve that being done and we will pay for it if no one else will, giving the administration the latitude to try and get the money and Florida Power and Light to agree. Mr. Carollo: I have no problems in wording the motion that way Mrs. Kennedy: Yeah, why don't we do that, yes. Mr. Plummer: Let's coge the motion that way. In the ultimate, if no else, we'll pay for it. Mr. Carollo: The bottom line is so you have the money guaranteed Jim. Mr. Plummer: That's it. You're guaranteed. Mr. Jim Thank you. Mr. Plummer: I think the administration can go shake up Florida Power and Light and Rouse and get it done so it's no taxpayer money. Mr. Jim Thank you. Mr. Carollo: Did we get, how far did we get? 140 February 12, 1987 The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 87-178 A MOTION GRANTING REQUEST RECEIVED FROM REPRESENTATIVES OF THE NORTHEAST BISCAYNE BOULEVARD BUSINESS AND PROPERTY OWNER'S ASSOCIATION TO BANNER BISCAYNE BOULEVARD IN CONNECTION WITH THE OPENING OF THE BAYSIDE PROJECT; FURTHER DIRECTING SAID GROUP TO TRY TO IDENTIFY REQUESTED FUNDS IN THE AMOUNT OF $3900 THROUGH ALTERNATE SOURCES AND LEAVING UP TO THE DISCRETION OF THE CITY MANAGER TO PICK UP THE TAB, SHOULD ALTERNATE EFFORTS FOR FUNDING FAIL. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: What was the second item? Mr. Jim The second item Annette Eisenberg is going to make the presentation. Ms. Annette Eisenberg: Thank you. I have a letter in my hand from Ernie Martin which will precede what we're going to ask for and its says, "As we earlier discussed, the Metro -Dade Office of Community Economic Development is in agreement with your goals of improving upper Biscayne Boulevard through a comprehensive revitalization strategy in the City of Miami. We only work and join partnership with that municipal government. If you would like us to have our office work with your association, we will need a formal invitation from the City to join with them in a revitalization program. Mayor Suarez: I entertain a motion to that effect. Mr. Plummer: So moved. Mrs Kennedy: Move. Mayor Suarez: Moved and seconded: Ms. Eisenberg: Now let's get to the money. We met with you... Mayor Suarez: I thought it was just an invitation to the County...a free invitation. Ms. Eisenberg: This is the invitation to the City of Miami to participate in the County for what I'm going to ask you for now. We are asking the City Commission to extend the boundaries of the Edison Little River Community Development target area. When the areas were delineated thirteen years ago, Biscayne Boulevard and west of the Boulevard was not in the disrepair nor did we have the number of immigrants that we have now. In order to stabilize this neighborhood before it becomes a problem, we are going to need the help of the federal dollars. We're asking for $50,000 plus $30,000... Mr. Carollo: Up until that point... Ms. Eisenberg: Tell them to give us a blanket approval... We did meet with your office of Community Development yesterday that doesn't come as a surprise to Frank. He sees no problems with... where is he.....there he is. He's a real doll, a real doll... 141 February 12, 1987 E. Mr. Carollo: You didn't see him right next to you. Ms. Eisenberg: No, no... Mr. Plummer: You mean the ex -Director.... Ms. Eisenberg: The doll, and he saw no reason that this couldn't be accomplished... Mr. Carollo: Except for the money of course. Ms. Eisenberg: No, he's got money. Mr. Frank Castaneda: Fellow Commissioners, well, what I said was that, they really were talking about two issues. One is the extending of the target area from the FEC Railroad to Biscayne Boulevard. I believe that in certain areas they are requesting that it should be extended east of Biscayne Boulevard. They have contacted the Planning Department and they are working on that. What I'm suggesting... Mayor Suarez: Do we need a motion on that part? Mr. Plummer: No, they're already doing it. Mr. Castaneda: I don't believe... They're already doing it. Mayor Suarez: Let's take a vote on that because we're going to get to the money in a second. We have a motion on it, do we have a second on extending the target area? Mr. Plummer: Second. Mayor Suarez: Any discussion? Call the roll. The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 87-179 A MOTION OF THE CITY OF MIAMI COMMISSION AGREEING TO PARTICIPATE WITH THE COUNTY IN REQUESTING THAT THEY AGREE TO REQUEST FROM MEMBERS OF THE EAST LITTLE RIVER COMMUNITY TARGET AREA TO EXTEND THE TARGET AREA BOUNDARIES FROM THE F.E.C. PROPERTY TO BISCAYNE BOULEVARD. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: See, you had it in two parts. We made it into three parts. We're waiting to get to the real pain here. Mr. Castaneda: As to the money for projects that they were asking for, I mentioned to them about the many U.D.A.G.programs the City .Commission, had approved, but right now we are in the middle of the first round and there will be another round. As to the $50,000 for administration, what I basically said is that we are in the process of Community Development process right now on July 1st new money comes into be and that, you know, what they should be submitting their process through the Community Development process. Mr. Plummer: Let them so proceed. 142 February 12, 1987 Mayor Suarez: And you've got a board that will make recommendations to us and a protracted procedure, hopefully this year it will be a little easier than last year to determine who gets the money. Ms. Eisenberg: And I do want to say this one thing because coming back and working with several City departments, it really is a pleasure and I have to say something about Off -Street Parking, because they have been wonderful to us in volunteering the brackets, the installation... (BACKGROUND SOUNDS) Ms. Eisenberg: Stop, the installation of the plaques... Mr. Plummer: I move to reconsider the last motion... Mr. Eisenberg: You won't change my mind, J.L. Mrs. Kennedy: Let me tell you, I agree, I am the only one here who agrees... Ms. Eisenberg: The entire City, the City offices have been so spectacular to us and I must commend them including Off -Street Parking. Thank you. Mayor Suarez: All right, they're included in the commendation. Mr. Jim Thank you Mayor, thank you Commissioners. Thank you, thank you very much -- bye --bye. Mr. Plummer: Annette, you never change. Ms. Eisenberg: What did I dot I was so positive, I said such nice things... Mayor Suarez: You could hurt your cause if you keep this up. Mr. Plummer: All I said was, Annette, you never change. 70. ALLOCATE $5,000 FOR BOOKER T. WASHINGTON ALUMNI ASSOCIATION FOR ANNIVERSARY CELEBRATION. Mayor Suarez: Item 73. Booker T. Washington representatives. Mr. Odio: They are here to ask for $5,000 in cash grants plus $350 to cover the cost of police barricades, permits, etcetera for a class reunion. Again, we are recommending denial of funding based on our policies of no funding. Ms. Anita Magruder: My name is Anita Magruder and I live at 90 N.E. 42nd Street. I am here as a representative of the Booker T. Washington Alumni Association to request $5,000 in funding and in -kind city services. I would like to read a brief statement, a history and a purpose for our being here to request these funds Booker T. Washington was the first high school, the first to offer a 12th grade education for Black students in South Florida. In 1926, the site at 1200 N.W. 6th Avenue was designated for a public school and in February 1927, Booker T. formally opened. Students came from as far as Key West and West Palm Beach to complete their high school education. For 60 years, Booker T. has stood as more than just a center for education named for a historic figure. It has been a landmark, a foundation of social history in the community. Booker T. is a model from an era when home school business and business mesh to provide whatever kind of support was needed to help students exemplify the school slogan 'not the largest but the best.' Booker T. graduates have become outstanding members of both this community and others throughout the country including the current Assistant Director of the F.B.I. There will now be future generations of Washingtonians to inherit this legacy since Booker T. will again become a senior high school and will serve as the learning center for a redeveloped Overtown. The ethnic composition of Booker T. Washington in Overtown has changed over the years and it is currently tri- ethnic with an equal representation of Black, Hispanic and White groups. Funding is being sought to help defray the cost of a week-long program that will bring alumni together to commemorate this anniversary and to refocus efforts to support the long neglected Overtown community. In addition, our 143 February 12, 1987 goals are to foster brotherhood between the old and the new by involving students and their parents in 60th Anniversary activities. These activities will include a parade of classes in commemorative program on Sunday, February 20th 1987, at the booker T. Auditorium. During the following week, former students and teachers will also participate in an oral history program and the sessions with the students. These sessions will be taped and catalogued for the library. Again, the association feels this project should be funded because it commemorates a significant contribution to the history of the area; it provides support for and activities in the often -neglected Overtown community, and will serve to help bring together our multi -ethnic community in the spirit of brotherhood bound in the past, present and future of Booker T. Washington High School. Thank you. Mayor Suarez: Do you have any idea how much of the funding you requested has to do with waiver of City services. I don't see why you would need $5,000 for what you're talking about. Ms. Magruder: There's approximately $300 for City services; a portion of the other funding is for promotional and advertising. Mayor Suarez: What's the City Manager's recommendation? Mr. Odio: I recommend denial. Mr. Dawkins: He recommends denial but he's been recommending denial on everything else. I move it. Mrs. Kennedy: Let me tell you, I'm going to second and I think we're celebrating Black history month and it's very appropriate to do this for the first Black high school for children in Dade County. It's something that is historical; it's students and it's community. I think we should do it. Mr. Dawkins: Mr. Manager, I respect your truthfulness, saying we don't have the money, but you've been saying you recommend against everything all day and we've been approving it, so Commissioner Kennedy and I just decided we're going to approve this one also. I don't know if we'll get three votes or not. Mayor Suarez: So moved and seconded. Any further discussion. Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 87-180 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $5,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, IN SUPPORT OF THE BOOKER T. WASHINGTON ALUMNI ASSOCIATION IN CONNECTION WITH THE CELEBRATION OF THE 60TH ANNIVERSARY OF BOOKER T. WASHINGTON HIGH SCHOOL TO BE HELD FEBRUARY 20-22, 1987; FURTHER ALLOCATING AN AMOUNT NOT TO EXCEED $400 TO COVER THE COST OF CITY SERVICES FOR THE EVENT, IF NEEDED; SAID ALLOCATION BEING CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH CITY OF MIAMI ADMINISTRATIVE POLICY NO APM-1-84, DATED JANUARY 24, 1987. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolutiqn was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 144 February 12, 1987 Mayor Suarez: Item 74 has been withdrawn. NOTE FOR THE RECORD: ITEM 74 WAS WITHDRAWN. 71. ALLOCATE $25,000 TO THE EDUCATIONAL EMPLOYMENT CENTER FOR INSTALLATION OF A COMPUTER ASSISTED REMEDIAL SKILL TEACHING PROGRAM. ------------------------------------------------------------------------------ Mayor Suarez: Item 75, Skip... Mr. Odio: Skip Chaves - he's requesting $25,000 to help fund a computerized assisted teaching program. They indicate that AT&T and the Ford Foundation have offered $25,000 each for this project. My reply to that is the Ford Foundation has a lot more money certainly than the City of Miami and so does AT&T and we recommend denial of this project too. Mr. Skip Chaves: Mr. Mayor and members of the Commission, our organization has served and been in the City of Miami for nine years serving specifically the economically disadvantaged members of this community. This, we have looked for the past two years at our occupational training program to find a system to help us with the remediation of our students.. For the last two years, we have been looking for a system to help us keep our students in our clerical training program and some of the others to bring them up to speed at the basic remediation level. We have found such a system, a system that has proven itself in over one hundred sites, has been awarded, and recommended by the President's Commission on Illiteracy and this is what we purport to bring here. We have been able to get matching funds from AT&T, from Ford Foundation which funded the original CCP program which we intend to bring, and we need to come up with the matching funds to be able to get this program. We will be serving at least two hundred residents of this City, most of them youth, out - of -school dropouts and adults in helping them to go on and prove their lives getting greater skills, employment, go on to GED's and those who wish and can this program can even enable them to go and take college preparation courses. I think this is something we need in the City; our dropout population is not really being addressed by any institution and we want to put forth this effort. Mr. Odio: What I'd like to do is help Mr. Chavez go to the school board, who have a billion dollar budget and see if they can help. This is an educational program. It's for English language and I don't think we're in that business here Mr. Skip Chavez: I think that the statistics will show that the problems that we are having, the pathologies that this City and other cities of the unwed mothers, of the dropouts, of the criminal youth, they are all minorities associated with low academic skills. I have a copy of a survey of 19 to 23 year olds, over 17,000 youth, the minorities whose incidents of unwed pregnancy, incidents with a criminal element, idleness, the five major pathologies, I think this is a City problem because one way or the other it's going to be paid for. Mr. Plummer: Mr. Mayor, I move, let's get off dead center, I move item 75. Mr. Dawkins: I would have to before you, well now I have to wait and see if there's going to be a second. Mr. Plummer: I'm just trying to force the issue, that's all If you don't want it..... ' Mr. Dawkins: I have to tend to agree with the Manager, OK.- We are not an educational facility. That's the School Board's problem. We pay taxes to the school board. You also have vocational education. I don't know why this grant wasn't presented to the State of Florida to get voc-ed money. This is talking about preparing people so that you can teach them a saleable skill. And this is, there again voc-ed, you got the School Board, I mean and I pay taxes to the School Board to do what you're doing. So if IBM and the rest of the people are going to match money, it should be the school board's money and not the tax dollar. 145 February 12, 1987 Mr. Plummer: But isn't this, and I'm not really trying to lobby, you, Commissioner, but isn't this really addressing an area that the school board is not reaching. I mean the group of people that's involved in this thing is not the same group of people that are in schools and I think that's why they're trying to address it and they have the other two grants. I just... Mr. Dawkins: I wouldn't have a problem with it J.L. if they had jobs to put people on, but you're talking here about teaching somebody to read, write and computate and you ain't got no job for him. All we're going to do with this is create some jobs for some people who are going to teach this. Mr. Plummer: You can argue it both ways, Miller, you know if you don't get people prepared and ready to accept a job if they come available, then they're not going to be prepared and they're going to look like a fool or they're not going to get the job. I would rather have a man prepared, waiting, than a man unprepared for the job that doesn't exist. Look, I make a motion to get it off dead center. I make a motion to approve; if it doesn't get a second, I'm sorry. Mayor Suarez: I'm going to second it and I would hope that you would look in the future for other funding sources as it is not our... Mr. Plummer: It's one-shot... Mayor Suarez: You saw that the effort that a lot of people are making in connection with the Youth Conservation Corps and I'd like to see some of that money be... Mr. Odio: I want to put on the record I have no funds on these special programs and accounts. I don't know where I'm going to get the money. Mr. Plummer: Well, I also want to put on record, Mr. Manager, this is not a festival. It is not in any way, shape or form, this is employment, I understand that, and we will leave it to your best discretion to try to do the best you can. Mayor Suarez: We have a motion and a second. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-181 A MOTION AUTHORIZING AND DIRECTING THE ADMINISTRATION TO ALLOCATE AN AMOUNT NOT TO EXCEED $25,000 PURSUANT TO REQUEST BY REPRESENTATIVES OF THE EDUCATIONAL EMPLOYMENT CENTER FOR INSTALLATION OF A COMPUTER ASSISTED REMEDIAL SKILL TEACHING PROGRAM SUBJECT TO CITY MANAGER IDENTIFYING THE MONIES IN THE BUDGET. Upon being seconded by Mayor Suarez, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: Commissioner Miller J. Dawkins ABSENT: None. DURING ROLL CALL: Mr. Carollo: Where's the Manager going to get the money for it? I vote yes only if the Manager can find the money. If maker of the motion wants to change to that... Mr. Plummer: Of course, needless to say, all of us are the same way. If the Manager comes and says the cupboard is empty, the cupboard's empty. 146 February 12, 1987 Mayor Suarez: But you told us there was $12.1 million in a reserve account by a memorandum passed. Mr. Odio: If you want to give away the reserve account, I got no problem with that. Mayor Suarez: Just don't say there's no money, just say you don't... Mr. Odio: But in the line item budget, we have no funds allocated; we are in a deficit position in the special programs and accounts at this moment and I'm having to find funds to cover that and I have to be truthful, I don't think we should be giving this money away. We don't have it. Mayor Suarez: Are you telling me that on February 12, 1987, the special programs account is in a deficit position? Mr. Odio: Yes, I am telling you that Commissioner, I mean Mr. Mayor. Mayor Suarez: Cause I'm going to ask you, I'm going to ask you on a monthly basis just to have an idea... Mr. Odio: It is in a budget...We only had $500,000 in that line item and it's gone. Mayor Suarez: I just want to establish for today because in a month I'm going to ask you and when all of a sudden we want to do something else and money comes out all of a sudden from that account, I'm going to ask you how it got in there. 72. COMMISSION TO PARTICIPATE IN THE ANNUAL TOWNHALL MEETING OF COCONUT GROVE CHAMBER OF COMMERCE AND A WALK THROUGH THE COCONUT GROVE BUSINESS DISTRICT. Mayor Suarez: Item 77 -- Stuart. You're not really going to come here to request that the Mayor and Commissioners walk through the Coconut Grove business district, are you? I mean., what time of night or day? Mr. Plummer: No, he's going to take us through on a hydrofoil. He's going to put wheels on it. Mayor Suarez: Townhall meeting. Sixty minute walk-through, drive -through. You are going to do that? Mr. Stuart Sorg: My name is Stuart Sorg. I'm president of the Coconut Grove Chamber of Commerce. Principally, I'm here tonight to ask you to agree to attend the annual town meeting that the Chamber of Commerce has. We are asking that you check your dates, because we'd like to schedule it for the 17th of March at 2000 at City Hall. Mayor Suarez: What's this two thousand stuff; it that in the year 2000 or are you using Naval terminology here on us? Mr. Sorg: That's 8 o'clock, 8:00 p.m. But we'd like to do it here this year. We feel that everybody is more comfortable here. We have a smaller facility. If it's agreeable to you and the Manager... Cesar, did you get one,of these? Mayor Suarez: Navy time... Mr. Sorg: That's our first request; we'd like to establish the town meeting once again and have it here. Then, prior to that, we'd like just to have you for an hour to go through the Grand Avenue section, Bird Avenue and the downtown Commodore Plaza area merely to familiarize yourself in case it comes up in discussion. 147 February 12, 1987 Mayor Suarez: I'll entertain a motion that we participate in your interesting new form of townhall meeting. Mrs. Kennedy: So moved. Mayor Suarez: Moved and seconded, do we have a second? Mr. Plummer: Yeah. Mayor Suarez: Thank you. Any discussion? Call the roll. The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 87-182 A MOTION OF THE CITY COMMISSION INDICATING THE COMMISSION'S INTENT TO PARTICIPATE IN THE ANNUAL TOWNHALL MEETING PRESENTLY SCHEDULED FOR MARCH 17TH AT 8:00 P.M. AT CITY HALL AS WELL AS TO PARTICIPATE IN A WALK THROUGH THE COCONUT GROVE BUSINESS DISTRICT. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Mr. Sorg: This will be just the Commission and the City Manager. We won't have any other people there unless the Manager decided to bring some. Mayor Suarez: It won't be allowed? Mr. Sorg: Well, they can come in, sure. Mayor Suarez: Thank you, Stuart. Mr. Dawkins: Better bring the press, we don't want to violate the ? 73. DISCUSSION CONCERNING SPANOL COMMUNICATIONS' ALLEGED VIOLATIONS OF AGREEMENT WITH CABLEVISION. ------------------------------------------------------------------------------ Mayor Suarez: Item 78 -- Spanol Communications Ms. Lourdes Nieves: Good afternoon Mayor and Commissioners. My name is Lourdes Nieves and I am the owner of Spanol Communications. Spanol Communications is a cable TV installation contracting company certified by the City of Miami as a minority business enterprise and a minority and a woman business enterprise. I have been working with Miami Cablevision doing home installations and other miscellaneous work since October of 1989. In recent weeks, Miami Cablevision has been taken over by previous co-owner, Telecommunications TCI of Denver, Colorado. Miami Cablevision new management has elected to bring in an out-of-state contractor and has neglected to acknowledge the City Miami's affirmative action program. After several unsuccessful attempts to negotiate with TCI, I contacted the minority Procurement office who then contacted the City Commission. The City Commission made contact with TCI headquarters in Denver and as a result, I was allowed to resume my operations although I had been given a minimal amount of work. I have come before this Commission to voice the following concerns, to make the City aware that the affirmative action program, as it applies to the 148 February 12, 1987 cable TV franchise is not being closely monitored and enforced. I am concerned over TC11s policies toward utilizing local and minority -owned businesses. I am concerned over the inequality that currently exists between... Mayor Suarez: Let me hold you right there. How can we have assigned, allowed the assignment of the entire management of our cable system franchise, that is to a whole new company and not assured ourselves that the same requirements would apply? Mr. Plummer: You've got a representative here. Mrs. Kennedy: Shouldn't you adhere to the City's policy? Mayor Suarez: I don't even know why you should change, my thoughts were that you would maintain the same contractual relationships that existed before with subcontractors. Mr. Mayor and Commissioners, my name is Barry Kerr. I am assistant manager of Miami Telecommunications, formerly Miami Cablevision. It is our contention that we are in full compliance with the franchise ordinance as it speaks to minority opportunities, that we intend to always remain in full compliance with that and I welcome Samet Roy and Ms. Sue Smoller of the City Manager's office... Mayor Suarez: That wasn't my question, my question is did you in fact, change from the existing, contractual relationship and go to an out of town company or some other company for your subcontracting? Mr. Barry Kerr: No, sir, we have not changed the, what's at issue here is that an out of town contractor came in to perform the bulk of the work. We are cognizant and intend to continue to live up to the franchise agreement which would call for at least twenty percent of the work to go to the minority enterprise. Mayor Suarez: Do you have any idea how much, what percentage her company is getting? Mr. Kerr: In excess of twenty percent Mr. Mayor. But the issue I believe from Spanol is that they wanted the bulk of it... Mayor Suarez: OK, we got, we're at issue. You say you're getting less than 20% and you say you're giving them more than 20%. How about if the City Manager reports back to us on who's right at the next Commission meeting? Mr. Kerr: Thank you. Are you satisfied? Mayor Suarez: Thank you. Mr. Dawkins: Ms. Sue Smoller: This gentleman made the statement that they are in complete compliance with the minority part of the agreement. Is that a true statement? Ms. Smoller: We have just received the annual report from Miami Cablevision and have not had a chance to analyze it yet. Mr. Dawkins: All right, I'll rephrase my question. Prior to your receiving the last report from Miami Cable, were they in complete compliance with our minority participation? Ms. Smoller: As far as the minority percentage, I would defer to Adrian McBeth in that area, I believe that was her opinion that they were in compliance. Now that is not to say that we believe they.'re in complete compliance with the spirit of it. Mr. Dawkins: Well, that's my, no, no, no, see, see, I pay you to advise me and give me answers. Now I'm going to ask you again are they in complete compliance, just tell me yes or no Mrs. Smoller. Mrs. Smoller: With the affirmative actions, I Mr. Dawkins: Yes ma'am 149 February 12, 1987 Ms. Smoller: In the report that they gave us last year, no, they were not. Mr. Dawkins: Thank you. Now, as you evaluate their report that they just gave you, in the event that they are no longer in compliance, I want to do whatever we have to do to either take the contract from them, I'm not interested in giving them no time to make up OK. I've been going through this with them for six years and every time it's something new. So if they, if we find out that they are not in compliance, then I want you to get with the City Attorney or whoever and cancel the agreement. Mrs. Kennedy: We need a report, Sue at the next Commission meeting after you review the last Mayor Suarez: The City will operate its own franchise, we've been wanting to do that for some time. Mr. Plummer: Of their last report. Mrs. Kennedy: And then if you don't, if you haven't complied, we need to know why and then take some action. Mr. Dawkins: Well I don't need to know why, Commissioner Kennedy. I've been here with them for five years, I know why. They don't intend to.. Mr. Kerr: In all due respect Commission, Miami Telecommunications began 100% operation and management of the system less than a month ago and to phrase us as the people that have been in non-compliance for five years I think is not correct. Mr. Dawkins: You should not have bought the company if you did not assume the responsibility. You bought it, you bought the responsibility. Mrs. Kennedy: You bought it, it's your responsibility now. Mayor Suarez: You stand in their shoes legally, so Mr. Dawkins: That's right, that's right Mayor Suarez: You stand in their shoes legally so you're going to have to comply. Mr. Kerr: We realize responsibility. We intend, as I previously stated, to stay within compliance and believe that we are. Mrs. Kennedy: OK, we'll hear this City's report at the next Commission meeting. Mr. Kerr: Yes, ma'am Mr. Dawkins: Thank you, Mrs. Smoller. Mayor Suarez: Thank you. 150 February 12, 1987 74. DISCUSSION OF SUPPORT FOR RETENTION AND DEVELOPMENT OF THE M'IAMI DESIGN DISTRICT. Mayor Suarez: Item 79 -- Miami Design District Association. Mr. Odio: Mr. Mayor, they're requesting interim funding of $250,000 to fund an expanded marketing and promotion campaign for the design district. What I'd like to do is, if you would defer this and send it to me, I spoke to Roger Carlton yesterday, and see where I can find some funds outside of the City budget with Roger because we want to help the design district. It's an important area for Miami to have, but I just don't have that kind of money. Mayor Suarez: I thought John Gilchrist was going to make a recommendation today. Mr. Odio: No he's not. Mayor Suarez: No? Mr. Dawkins: Mr. Mayor and fellow Commissioners, we have allowed the design district to move to Dania and the reason they moved to Dania is because the same group of individuals came here constantly telling us that if we don't do something to help them save the area we're going to lose it, all right. Now, these individuals refuse to leave Miami and go to Dania to a new facility. They're back here again telling us we want to stay in Miami, help us stay. Now I hear the Manager say we want to help them stay, so let's find some way to assist them and keep this design district in Miami because they could very easily move to Dania tomorrow. Mr. Odio: Commissioner, I promise you I will work with Roger Carlton to resolve this problem, finding the monies where they might be and not from the City funds Mrs. Kennedy: Let me also state for the record that I believe that this is a very important part of the industry and it's a very important part of Miami. I hope that we can find the money; I think that we will do everything to help you out. I also need some assurance on how you're going to spend the money. You know, some plan of action to make sure you're spending it in the right way when we give it to you. Mr. Odio: But here we have, and I want to put it on the record, we have the Beacon Council who has received funds to develop industries in Miami. Mr. Plummer: But they're not doing anything. Mr. Odio: And they're not doing, this should be part of the Beacon Council efforts, that we're going out to New York and other places to bring business here. We've got business that wants to stay here and we're not supporting them, so to put all the burden on the City of Miami I don't think is fair, but we will work with them to find these funds. Mayor Suarez: Howie we doing with the Beacon Council, Charles? Mr. Charles Lallouz: We're not doing very good. We're really very, very disappointed. Mayor Suarez: We have told them from our perspective this is the number one district that has to be helped out by their efforts and they don't come through with any funding? Mr. Lallouz: No, the City Manager says, which is very true, they'll spend hundreds of thousands of dollars in parties in New York, Chicago and so on to try to bring businesses here in Miami. Here, we have one of the most prestigious businesses here in Miami. Here we have one of the prestigious business, the design district. It is the third largest in the world. We had 200 showrooms, 40 left, and really we need urgently your support. We, through the association, last year, we spent about $250,000 only in security and that was raised by us and thanks to you, where we did some renovation this year on 151 February 12, 1987 the sidewalk and a little beautification and promotion, the past six months really we did turn around on the positive side. Nobody wants to leave Miami. Everybody loves Miami. It's the only growth in building -wise. "orth of Miami, is the design district. So, really, taxwise, we pay over $2 million. We have four thousand people working, two thousand people are minorities there. It is a wonderful district to keep. It's a beautiful district, and I urge Mr. Mayor and the Commission, it is urgent we came to you many, many times and this time we definitely want to stop the Phase II of Decora in Dania. If Phase II Decora in Dania goes on... Mayor Suarez: When does that, when is the inception of that phase II? Mr. Lallouz: Well, they're not going to do it unless they have leases and we are telling everybody, especially ten national showrooms are waiting today, and this is the truth Mr. Mayor, are waiting today for your decision. They are waiting what is the decision because if they do build that second phase, then really we are in trouble. If they don't, we really have a chance not only to build up, we did $250 million of sales last year and probably $200 million more through indirect spending in Miami as you know is a lot of workshops and a lot of people are working indirectly for the design center. Mr. Carollo: I don't think there's any way that this City can afford to let this district just go and fall by the wayside. I think what ever we need to do to assure the greatness that this district once had and can still have, I think we need to go ahead and do that. I think that the City of Miami is going to lose more by having many more of the businesses close down and move somewhere else. Mr. Odio: We will, we are in a week resolve this problem. Mayor Suarez: I gather that the administration is telling us and I see Roger over there smiling like he can solve the problem, that we really can solve it and we can't guarantee it, there is a certain amount of autonomy to that agency. Commissioner... Mr. Carollo: Can we do the following? Mr. Manager, can you and Roger and your staff meet with them and then come back at the next Commission meeting with a solution that all parties are in agreement to? Mr. Odio: Like I say, I think if Roger and I can work it out, we don't have to bring it back here and they can start their campaign prior to the next Commission meeting. Mr. Carollo: OK, well why don't you do that and let us know what you've finally worked out by the next Commission meeting. However, I do want to make sure that we have their blessing and agreement. Mr. Lallouz: I want to assure Mr. Mayor and the Commission, that we are working with Elaine Bloom, the State Representative for the special tax district. And, as you know, she's trying to change the law that... Mayor Suarez: Do you have a sponsor on the Senate side? Mr. Lallouz: Right, and most of the people in the area are in favor... Mayor Suarez: Because we have a very good relationship with Larry Plummer on the Senate side if you need a sponsor on the Senate side. Mr. Plummer: If you need it, let me know. Mrs. Kennedy: Maybe not so good, no. Mr. Plummer: No, if you need it, let me now. Mr. Odio: What we need from them also is a, we need a detailed plan on how you plan to spend this money. Mr. Lallouz: Definetely, we have a great need... Mr. Plummer: Mr. Mayor and the rest of this Commission, you better be also prepared because we have the same problem existing in the garment district. The garment district used to be $100 million worth of sales a year and the 152 February 12, 1987 same problems that these people are faced with are the same problems that are being faced in the garment district. Mr. Manager, I would hope before the garment district comes here crying, which should never be, as these people had to do to bring it to the forefront, that you would likewise work on that situation as well when you're setting up the mechanisms to help these people. Mr. Lallouz: Thank you, Mr. Plummer. Mayor Suarez: Thank you. Thanks all of you. We'll be getting a report at the next Commission meeting. Hopefully, by then it will be resolved. ------------------------------------------------------------------------------ 75. A- TWO WEEK EXTENSION FOR PAYMENT OF CITY SERVICES BY CARNAVAL MIAMI. B- PERMIT AMUSEMENT PARK ON 8TH STREET FOR CARNAVAL MIAMI. ------------------------------------------------------------------------------ Mayor Suarez: Item 80 -- Rafael. Mr. Rafael Licea: My name is Rafael Licea. I'm Executive Director of Carnaval Miami. I live at 3150 S.W. 18th Street. In agenda I see that there's one item, but I have two smaller items also. Our request that is on the agenda is that the payment that we make from the festival for City Services, police and parks, etc. that we be given... Mayor Suarez: Want a 30-day grace period. Mr. Licea: 30-day grace period. Mr. Plummer: I don't think you can do it. Can you do it legally? I mean the policeman want their money and the firemen want their money immediately which is understood. Mr. Carollo: Yeah, we can do it legally, we would be having to pay and they're going to have to reimburse us within that time. Mr. Plummer: You mean the City pay and then they reimburse us. Mr. Carollo: It's the only way I can see it. Mrs. Kennedy: Mr. Manager, doesn't the City have a special event, union rate for subsidized events that we could perhaps use. Mr. Licea: That's one issue that I would like to address also if I may at one point. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mrs. Kennedy: You know, if we give you $25,000 and $23,000 have to go out for police and you know, it really doesn't make a lot of sense... Mr. Plummer: He's not asking for a grant. Mr. Licea: No. Mr. Odio: What he wants to do as I understand it is delay paying the City for thirty days. Mrs. Kennedy: Yeah, but it is something I bring up for other events. Commission Plummer has the same problem with these boat race Mr. Plummer: Well, my problem with the boat race is last year the police man hours cost me I think, what was it, $11,000; fire man hours cost me $13,000, and I got to be honest with the Commission and it's going to be your decision that I don't see any other way unless this Commission can find a way to waive those fees for that boat race that we can have it this year because we have lost the grant of money from the TDC. And I'm not going to come begging with my hat in my hand, it's going to be a decision by this Commission. If you feel that that boat race is important to this community. It's the 18th annual year. 153 February 12, 1987 Mr. Carollo: Which one now? Which boat race? Mr. Plummer: Joe, the race that I work on over every year, OK. We're talking about... Mr. Dawkins: J.L. Plummer boat regatta -- that's what he's talking about. Mr. Plummer: Yeah, fine, heh, name it the J.L. Plummer Boat Race if you want. Mayor Suarez: He's trying to set us up for that and we're not even... Mr. Carollo: If we do, we're going to have to rename the fire college. Only one you get. Mayor Suarez: How long does it usually take us to get payment on these things? Do we usually take less than thirty days? Mr. Dawkins: Have to take prepay... Mayor Suarez: Prepaid usually? Mr. Odio: If we get a post-dated check I have no problem with them doing that, Mr. Mayor. Mayor Suarez: A postdated check -- that means that if you guys don't get the money one of you guys is going to have to... Mr. Plummer: You know, I might as well bring that up now and get it over with. Do you all have any objection to waive that? Mr. Licea: In the past, like the police for example and even sanitation, it usually takes about two weeks or a week and a half for them to give us the bill and about a week for us to pay. So we really... Mayor Suarez: All right, we'll give you an extra two weeks. Mr. Licea: Yeah, that's really what we're asking you for. Mayor Suarez: Problem with that Commissioners, anybody? Mr. Carollo: I have no problems with that. I so move. Mrs. Kennedy: I second. Mayor Suarez: So moved, seconded. Any discussion. Call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 87-183 A MOTION ACCEPTING THE REQUEST BY REPRESENTATIVES OF CARNAVAL MIAMI THAT THEY BE ALLOWED AN EXTENSION FOR PAYMENT OF CITY SERVICES AND AGREEING TO EXTEND SAID PERIOD FOR TWO WEEKS. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo . Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Just so that check doesn't bounce. Put your signature on it, your address, phone number and everything else. Go ahead. 154 February 12, 1987 e Mr. Plummer: Drivers license. Mayor Suarez: Drivers license Mr. Licea: We'll give Pantin's address. One thing that we would like to address to the Commission -- perhaps a committee to look into this problem that I know is affecting a lot of the festivals here, is the rates that we have to pay because of certain union contracts and things like that that affect the festivals. To give you an example... Mayor Suarez: Why don't you go out and have a drink with that guy back there, Ken Nelson, who heads the FOP and discuss the rates that they charge for off duty work. Mr. Licea: Is there any way that something could be worked out for special rates for festivals? Mayor Suarez: I'm telling you to start explaining it to him because they're the ones that hit us whenever we propose going to outside contracts for some of these events. Mr. Licea: And the contract is there for us, for a year in other words. Mayor Suarez: It can be negotiated any time. The FOP comes on awfully hard on us if we want to pay anything other than, and solid waste the same thing. There's the head of the union right there, Bill Smith. You have them all right there. Mr. Licea: The problem we have for example this year, the City of Miami was gracious enough to give us $25,000 for the Calle Ocho Festival. Mayor Suarez: Next year you get twenty percent less. You know that.... Mr. Licea: What happens was is the minute we got $25,000 from the City, that put us into that special rate thing where we get time and a half. We worked out for Calle Ocho what the incremental cost is and it is $23,000, so, in effect, you're help which was going to be $25,000, became $2,000. Mayor Suarez: It's almost like a waiver. Mr. Plummer: Well, that's what's killing me. I got to tell you it's what's killing... Mrs. Kennedy: It's very inequitable. Mr. Carollo: Killing you, huh. And then you're in the business of death. Mr. Licea: The Sanitation Department... Mayor Suarez: Seriously, Rafael, you have to negotiate with the unions. They don't want to budge on getting any less than the time and a half to do it. Mr. Licea: Can we negotiate with them, is that possible? Mayor Suarez: Sure you can negotiate with them. Mr. Licea: The other thing is the solid waste rate which this year we have budgets for $33.00/hour for sanitation per person. Mayor Suarez: $33.00 an hour? Mr. Licea: $33.00 an hour for sanitation per person. Mr. Plummer: Ask for some carpenters, they're only $26.60. Mr. Licea: Is there anything that can be done about that? Mr. Carollo: I see Bill shaking his head, that can't be right, eh, Bill? $33.00 an hour? 155 February 12, 1987 0, W Mr. Licea: I have a budget here for three events... Mr. Carollo: It's supposed to be time and a half, not three times. Mr. Castaneda: That was the original rate; i believe they're lowering the rate to somewhere between $21.00 and $23.00. Mr. Carollo: Jesus Christ. Mr. Licea: So it's going to... One more item, I'm sorry, one more item. Mayor Suarez: At your own risk. Mr. Licea: As part of the Calle Ocho Festival, we want to do a small ride or amusement park on the 9th Avenue and 8th Street lot which used to be the Dayton Tire before it burned. The owner has already given us permission and this is a fund raiser that we're trying for the club and for certain... Mayor Suarez: What kind of permit do you need? What are you asking for? Mr. Licea: What I'm asking is twofold. One, to let us do it within the right permits and whatever has to be done, and we would like to do it beginning Friday, March 13, 1987, because it doesn't become feasible, financially if you do it for only one day because they have to move all of the equipment. So, to make it financially feasible, it would have to be Friday, the 13th, Saturday, the 14th and Calle Ocho, March 15th. Mr. Carollo: I have no problems with that. I make a motion to so approve. Mayor Suarez: So moved, do we have a second. Mr. Plummer: Second. Mayor Suarez: Seconded. Any discussion? Call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 87-184 A MOTION AUTHORIZING THE ADMINISTRATION TO PERMIT CARNAVAL MIAMI TO HAVE AN AMUSEMENT PARK AT THE SOUTHWEST CORNER LOT ON 9TH AVENUE AND S.W. 8TH STREET ON MARCH 13-14 AND CALLE OCHO ON SUNDAY THE 15TH. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: If keep expanding this thing, pretty soon you'll take over the whole City for the whole year. 156 February 12, 1987 ------------------- - - ------ --------------------------------------- 76. CITY SERVICES FOR UNLIMITED REGATTA FOR TREE. ------------------------------------------------------------------------------ Mr. Plummer: Mr. Mayor, let me try this on for size. I might as well get this over with so I can give some answers. I have to give them by the 28th. Mr. Mayor, I'm going to make a motion at this time that the City pick up the fees for police and fire for the unlimited boat regatta for this particular year. Mr. Carollo: I second that. Mr. Plummer: It's the only way we can put the regatta on. Mr. Dawkins: For one year only? Mr. Plummer: Yeah. And let's see what happens. We'll reassess next year, if I'm here. I so move. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. Mr. Carollo: What date is that on again? Mr. Plummer: The big race is on the 14th so back up two days, 12, 13 and 14 of June. Mayor Suarez: Call the roll. Commissioner, did you have any other questions on it? Mr. Carollo: No, I seconded it. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-185 A MOTION AUTHORIZING AND DIRECTING THE ADMINISTRATION TO PICK UP FEES INVOLVED FOR CITY SERVICES RENDERED ON THE UNLIMITED REGATTA FOR THIS PARTICULAR YEAR WHICH IS SCHEDULED FOR JUNE 12-14, 1987, SUBJECT TO ALL PROCEEDS COMING BACK TO THE CITY. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Now, do we get the money if... Mr. Plummer: All profit comes back... Mayor Suarez: OK Mr. Plummer: ... to the City if there is a profit made, yes sir. Mayor Suarez: And you expect that we'll be and we should get our money back. Mr. Plummer: I sure hope so.. 157 February 12, 1987 --------------------------------------------------------------------- -------- 77. DISCUSSIOM OF RALPH AARON'S CONCERNS REGARDING OUTDOOR LIGHTING STANDARDS. Mayor Suarez: Mr. Aaron, you want to make a quick presentation sir. I think your item's not actually going to be considered until the next Commission, but you've been waiting or, go ahead. You are Item 70. Mr. Ralph Aaron: I was here at 51 and told to come back about this time. Mayor Suarez: You were here at what time? Mr. Aaron: I was here at 3:00 o'clock sir, when it was Item 51 and I waited for an hour and then they told me to come back an hour and a half later. I came before the City Commission on July 10 of 1986, after having made a request two months earlier in April and at that time Commissioner Kennedy made a motion that was passed 5:0 by this Commission instructing the administration to fashion an ordinance that would lead to the control of light and glare in residential neighborhoods and I had explained that light and glare in the form of a nuisance. Now, when I made my presentation standing right here... Mayor Suarez: Were you in favor or against that ordinance? Mr. Aaron: I'm requesting a nuisance control of glare and light. Mayor Suarez: You know one of the things we found out the first time we discussed this item is that two or three of the commissioners and a couple of our assistant city managers were in violation of that ordinance because it just didn't seem like it made a lot of sense, but I don't know, maybe you can explain it to us how it makes sense. Mr. Aaron: All right, let me try to get to my point. Mr. Odio sitting right here told me to get in touch with Mr. Pierce and Mr. Pierce... Mayor Suarez: He was one of the ones that was in violation of it. Mr. Aaron: In any case, I spoke to Mr. Pierce out in the hall and in this particular sequence on July 10 of 1986, and I discovered that they were in the process of drafting a lighting ordinance. Now when I kindly got a copy of that lighting ordinance from Mr. Genuardi, I read it three times, very carefully and very slowly and I discovered that it pertained to the control of existing residential inventory that wanted lighting and future new construction. Now,... Mr. Suarez: That covers everything. Mr. Odio: Can I say something? Mr. Aaron: It did not cover... Mr. Odio: Can I say something? It will save you a lot of time. We are bringing back the revised ordinance of February 26th, Mr. Aaron: But, sir, let me get to my point if I may. Mayor Suarez: What is it missing, what .... yeah Mr. Aaron: OK. Let me tell you what's missing. What's missing is this. Mayor Suarez: I'm not saying it's going to pass. The way it's going it's not going to pass, but you can convince us. Mr. Aaron: You turned it .... you deferred it on December 11, 1986. It's coming back in late February. But, the point is, what I'm requesting has been attached as a rider to it and, in effect, the exact language is 'and that all existing installations meet the requirements.' Now, what I'm requesting is that this not be part of a comprehensive lighting ordinance, but that it be a 158 February 12, 1987 separate item under the code, not as a zoning ordinance that would be a nuisance item. If we have... Mayor Suarez: Retrofitting all the existing facilities throughout the city. Mr. Aaron: Sir, Let me say this... Mayor Suarez: Am I characterizing it properly? Mr. Aaron: Yes sir. Mayor Suarez: I'm not sure we're going to pass it for all new construction let alone for existing ones, but... Mr. Aaron: I'm asking for the item that you instructed the administration to draft 5:0 on July loth, 1986, to be in the form of an ordinance added to the code which would control the nuisance of lighting glare and the reason I ask this is because we have one for noise, but we have nothing for lighting. But the strange thing, and I was told this by Terry Rolle, of the Building and Zoning Department, is that for five units or more on a residential parcel, we have such a control. Well, if we have it ecumenically for five, why can't we have it for one unit, two units, three or four? Mayor Suarez: I guess we figure the spill over of a five -unit building could be much greater than a single family and we also worry about the situation with the crime in the city and we encourage people to light up as much as possible. Mr. Aaron: Then what happens, sir, if we have a situation like one particular case where somebody buys, there's a sale at Home Depot, somebody buys a mercury vapor light. They put it up and someone has their bedroom lit up at night like the fourth of July and even when they've got the blinds down, it's lit up in their bedroom. They can't even open... Mayor Suarez: They may have a cause of action in court for a nuisance. Mr. Aaron: Do you know what it would cost, I've already talked to my attorney... to have a nuisance because I have a nuisance of three flood lights going two hundred feet from in front of my property hitting my house, lighting up my house and I've got the same glare in the morning and then again at night. If I go out in the evening, as you or anyone else in this room would have, if they were driving down the highway and someone had their brights coming towards them. Is this fair to live this way is what I'm asking and I have these people doing it. Mayor Suarez: It's a tough policy question you've posed it... Mr. Aaron: And may I say this, the people who are providing me with this harassment, because it's a form of harassment or molestation... Mayor Suarez: Wait, we have two commissioners that do it to each other because they live right next to one another. Mr. Aaron: Sir... Mrs. Kennedy: As long as neither one of us complains.... Mr. Aaron: Well, but you see I went to Mr. Simon from the Planning Advisory Board and when I explained this problem to him in his offices on 27th Avenue, he said perhaps we should structure into this ordinance that the person's only in violation upon a complaint of a neighbor in a residential neighborhood, which would lead to a request on the part of the inspector.... Mayor Suarez: To be initiated by the affected person. Mr. Aaron: Correct. Because let me tell you something, if these people across the road from me two hundred feet across the road really wanted to protect their cars by having these three flood lights blaring right across and lighting up my house and blinding me if I come out in the evening or in the morning, why don't' they have it on all night to protect it. It's only the early evening, it's only in the morning and I'm the one who has to be confronted with the glare. And this is only part of a pattern of these particular people across the road from me. 159 February 12, 1987 Mayor Suarez: OK, what I'm telling you is that you have a lot of lobbying to do between now and i.he 2'.'0L.,, ib :L L:.:: 26th that we're going to consider this? Because I don't know that there's any support here in this Commission... Mr. Aaron: But I'm asking for it to be separated. Mayor Suarez: ...for what you want. Maybe some of the other aspects of the ordinance yes, but... Mr. Aaron: I'm asking for it to be extrapolated from that comprehensive lighting ordinance and be made a nuisance item in accordance with the code as opposed to a zoning ordinance matter, Mayor Suarez: Well, I don't know if there's any... Mr. Aaron: ...because you have it on the books for noise, why can't you have it on the books for glare? Mayor Suarez: We're going to consider that... Mr. Aaron: The County has it; Coral Gables has it. Mayor Suarez: But as a policy matter, I'm telling you that you're going to have a tough time convincing this Commission to pass it in either form. Mr. Aaron: Well then I'm going to make one request of this Commission. What is finally... Mayor Suarez: You can make all the requests you want; they might not necessarily pass. Mr. Aaron: One request. Allow me to put up a fence in the front of my property that's more than eight feet high which is the height limitation... Mayor Suarez: Uh, huh... Mr. Aaron: ...so that I can block out this light. Why do I have to live like this? Mayor Suarez: You going to ask for a variance? Mr. Aaron: But a variance that goes up to twelve feet so I don't have this glare? Mayor Suarez: Walter's saying you can ask for it. You show the hardship in this case, that the lighting of your neighbor's spilling over to your yard. Mayor Suarez: See, it would be better for us to solve your particular problem than to create a problem for the entire City is what we're saying, but we're going to consider this on the 26th again, so you're welcome to come back and make your argument. Mr. Aaron: But when I come back, if I were to come back on the 26th, it's not relative to what my request is at this time... Mayor Suarez: You want it in a separate form, you can ask for it at that time too. Mr. Aaron: May I monitor this group to ask what do you think that the results would be, because... Mayor Suarez: I'm telling you that it doesn't look good for,you, but I mean try it on the 26th. Mr. Aaron: So I'm wasting my time in another words? Mayor Suarez: No, no, we change our minds on a lot of things. That's when the public hearing is scheduled; today you're here for a discussion item and we've heard... 160 February 12, 1987 Mr. Aaron: Well, I thank you for taking me out of order and I think it's very sad, that's about all I have to say. Mayor Suarez: All right, sir, thank you very much Mr. Aaron. NOTE FOR THE RECORD: THE ABOVE ITEM WAS UP ONLY FOR DISCUSSION. NO VOTE WAS TAKEN ON THE ISSUE. IT WILL BE UP FOR PUBLIC HEARING ON FEBRUARY 26TH. 78. DENY APPLICATION MADE BY KRASSI IVANOV FOR ONE YEAR PILOT PROJECT OF TENNIS FACILITIES. Mayor Suarez: Item 81. I thought it was withdrawn. Mr. Dawkins: I thought we said we're going to discuss it and... Mayor Suarez: All right, you're right, I'm sorry. 81 was withdrawn by the applicant, but if you want to set some kind of policy commission... Mr. Plummer: No, as far as I'm concerned, I'd like to make the motion to deny this application. Mrs. Kennedy: I second that. I think that public parks are exactly that —public. Mayor Suarez: This will be a statement of policy because if they want to come back and make a presentation... Mr. Plummer: Rosario, I really hate to go that far and let me tell you why. I think the day is coming where we're going to see public facilities being run by private organizations. I think we've seen it now in some of the golf courses in which the private sector comes in and takes them over and runs them, but in this particular application, my God, they're taking them over and the City gets $1.00 and they can control. Well, that's sure not a decent situation for the public, so I would say that this particular application, this City denies that application in its entirety period. Amen. Mrs. Kennedy: And I second. Mayor Suarez: I guess the City Manager is being instructed not to negotiate with these people further is what it really is. OK, so moved and seconded. Any discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-186 A MOTION DENYING APPLICATION MADE BY MR. KRASSI IVANOV REGARDING PROPOSED ONE YEAR PILOT PROJECT IN CONNECTION WITH CERTAIN TENNIS FACILITIES. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 161 February 12, 1987 ------------------------------------------------------------------------------ 79. DISCUSSION CONCERNING MISS COLLEGIATE BLACK AMERICAN rAGEANT. Mayor Suarez: Item 82. Mr. Odio: On 82 I have to say that the administration has not reviewed their request. Therefore, we have no recommendation at this time. Mayor Suarez: How did we fund it last year? Mr. Eugene Jackson: How did you fund it last year? $65,000. Mayor Suarez: Didn't we get some money from the TDC at the time, TDC now a bureau. Mr. Plummer: Mr. Mayor, the big discussion at the TDC yesterday was that there has been no allocation of TV origination money and there was a big fight that was not settled yesterday about creating a fund for TV origination money. I, when is this thing Julius? Gene? Mr. Jackson: It's March 30th. What I'd like to do is just kind of give you a review as to where we are. First of all, I appreciate the opportunity to come before you. I'm Eugene Jackson and I'm chairman of the Miss Collegiate African American Pageant. We've changed the name to African -American in line with the national thinking of many leaders. Mr. Dawkins: What happened to your other board, you disbanded that? Mr. Jackson: No, we have not. I will certainly include comments on that Commissioner. Next to me is Frank Marcardo who has been managing the pageant for the last two years and last year asked me to get involved in it. I am President of Unity Broadcasting and I own several radio stations and am involved in both television and telephone and in 1985, he asked me to give a commitment from my company out of New York and I gave a commitment of $35,000, and that was the first year of the pageant. In 1986, we had a total budget of $110,000 and were able to get the support of the City to the tune of $65,000. I recognize that there is a need at all times for a pageant such as this to... Mayor Suarez: Please, can we have some order in the chambers, quiet in the Chambers. Mr. Jackson: When Mr. Marcardo asked me to join with him, there was a need, I think, to improve the overall operations by increasing the involvement of the private sector. So as a part of my role in joining with him, I began initiative to involve some of the clients I've had long-standing relationships. So thus far we have been able to add the involvement of new corporations that were historically not involved, and that is Coke, AT&T, Kodak, Eastern; I anticipate the involvement of Motown Records -- we've asked them to join with us in bringing the pageant to the level of high quality. It is anticipated in 1988, that we will, in fact, televise the pageant. Therefore, this year, we're trying to, as best we can, maximize the potential of the program and so we have a commitment from Motown Records. We just got off the phone; we've had discussions about possibly Natalie Cole and other major artists, a part of Motown locations. In addition, our situation locally is going to expand. We've asked many more of our local officials and private sector people to join the board and so we've expanded the board to include another six or eight local people which I feel are very, very• appropriate. The existing local board includes Henry Gibbons' Enterprise, Carol Taylor, Willie Waters, C.T. Wright, Ms. Dawkins and we expect additional people to be involved in the committee. We think that the African -American Pageant, Collegiate African -American Pageant is exactly what is important for Miami in terms of attracting more tourism. We think that the result of having invited many national leaders to join the board of governors, we think it will have great impact on attracting more of the national African -American organizations to Miami. So our new national board of governors will include Arthur Ash, Susan DePasse, Dick Gregory, Dorothy Haight, Carol Jones, Bertram Lee, Ed Lewis, Al Vernellum, Barbara Skinner, Arthur Teale and C. Dolores Tucker. What we're trying to do is provide the kind of overlay of substance that has 162 February 12, 1987 historically been approved by the Commission before. So we hope that our request for $65,000, which is down from our original request of $100,000 would be well received. We expect, last year's budget waa $110,000; we"w.. already raised in the private sector $150,000. We recognize we need about $250,000 to do an excellent Job this year as a forerunner to televising the event in 1988. And so we would hope you would consider our request in a positive way. Mayor Suarez: Thank you Gene. I think what makes sense is to work with the bureau and with the City to see where we come up with the money. Mr. Odio: I'll say, we don't have the money. I have not seen the proposal. We don't have that kind of money this year. Last year they did not get the money, I believe they got monies from the Host Committee which is bed tax monies, the City of Miami general fund is out and we don't have that line item on the budget. Mr. Plummer: But Mr. Manager, let me tell you something. I think you can go a long way if you them by the hand and you lead them to that new TIC. Mayor Suarez: Here's a great test case, I mean, if they can't fund this event, I don't know about the City's participation. It's a great test case. Mr. Odio: Let me tell you Mr. Mayor, the Good Morning America, I had to go and get the funds from the Host Committee; they had $25,000 and Fisher Island that gave us twenty-five or we would not have Good Morning America and I believe Good Morning America has a higher rating than Miss Black Collegiate, so, I say again, they're asking for Sixty-five, you compare ratings, strictly ratings of television. There's no comparison and... Mr. Jackson: Let me suggest to you this is not a function of ratings. Mr. Odio: Good Morning America cost the City zero dollars. Mr. Plummer: Just for your edification, we were informed yesterday that the $25,000 the City came up with and the $25,000 that Fisher Island came up with, the Host Committee, no one else would come up including TIC and Fisher Island to recoup, came up with fifty so that they could have it. So just be aware of what's happening down there. Mr. Odio: You're talking about, I think it's a hundred million people, in ratings... Mr. Plummer: But Gene makes a good point. Mr. Jackson: I must say that we have tried our best to improve the image of Miami around the country, particularly as it relates to the African -American community, to host this kind of significant event which involves the opinion leaders of the African -American community around the United States who are in charge of many conventions and to the extent that they feel good and we've involved them in this particular fashion and will come here for that particular event, this has great impact on the future of African -American tourism in Miami. Mr. Odio: Good, I'll tell you what I'll do. There is a Greater Miami Convention Bureau that is precisely for that. They get all the bed tax monies that come into this community. I will personally take you there and lobby for you for them to try to help you out. I'll do that. Mr. Jackson: Last year we had $65,000 from the City. We are very, very close to the pageant date -- March 30th. We had submitted the proposal last fall and so what we're suggesting to you is that... Mr. Odio: Let me ask you a question. Why do you wait until the last minute to come to us? I have not seen any proposals. And you have a pageant coming up now; why didn't you come three months ago? Mr. Jackson: Mr. Odio, I must tell you, respectfully, that the proposal was submitted more than two months ago Mr. Odio: To who? Mr. Jackson: To you, your office. 163 February 12, 1987 Mr. frank Marcardo: Sir, we submitted the proposal late in November or early December and requested a meeting with you on the topic. We received a letter back from your office saying that you could not meet with us on the proposal and we will provide you with a copy of the letter, signed from your office. Mr. Odio: I stand corrected and we also told you we would recommend enough funding. I stand corrected, I remember that. And I stay by my recommendation that we have no funds for that. Mr. Jackson: Well, let me suggest to you that I recognize that you, the City's money is very tight. This kind of significant event in the City of Miami is extremely important overall for Miami's overall future and for the future of the African -American participation.. Mr. Odio: I'm not arguing with you about the importance of the event... Mr. Jackson: This is the largest public initiative, largest public national initiative for Miami in terms of our community. And it just seems to me that it ought to be well received by this Commission. Mr. Odio: It is, but there are institutions that have been created to fund events like this and it is not the City of Miami. Mr. Jackson: Let me suggest to you that we've had the very excellent participation of the City of Miami for the last two years and I might say to you that in no way is it our intent to depend on the City on a permanent basis. I would hope that between this year and next year, this would be the last time we would come before the City because we expect to take it to television and expect the advertising time to, in fact, pay for this pageant going forward after '88. So, we're not asking for a long-term subsidy. The initial requirement for this City three years ago when Mr. Marcardo came before you was to go get matching money. He came to me in New York and I matched it with $35,000. I'm saying that this year thus far since last year, we have gotten commitments of $150,000 and probably we'll get a little more from the private sector. All we're saying is that we want an excellent pageant. We were not able to pull it off in the manner to which it should have been last year. We're saying, we want to do it first class and I think Miami needs a first class presentation by our community and this is an appropriate thing to do and we do not intend to look to the City to f inance such an enterprise permanently. Mr. Odio: I will personally accompany you to the Greater Miami Convention Bureau. Mr. Jackson: Well, does that mean -- we have six weeks-- does that mean that you anticipate that we will get the money or would you like us to go limping in to March 30th again not doing a first class job? Mr. Odio: I don't want you to do anything. I want to help you get the money somewhere else. I'm still recommending we don't fund you here today. And I will go with you to try to help you solve your problem, but not with City funds. Mr. Jackson: I would appreciate the Commission expressing its feeling about this. We have made a tremendous effort to come in here first class; we have never had this kind of private sector support from such a short length of time. We have six clients; we expect to have ten -- I'm going to tell you, we're going to do a first class job and we need you to help us. I know you've done this kind of thing in the past. The pageants have left, pageants have come; we think Miami is an excellent environment for this. pageant and therefore this particular pageant deserves your support. Mayor Suarez: Gene, the next Commission meeting is on thb 26th. If the bureau's executive committee or the marketing committee needs to have a special session between now and then, so be it. We'll ask them to have a special session. And, so that we have some answer for you on the 26th and you can get back on the agenda on the 26th. How's that? Mr. Jackson: Very good. Thank you very much. 164 February 12, 1987 Mayor Suarez: Make sure that either Commissioner Plummer, Dawkins, my office, they're also involved in the Bureau, makes, arranges for that committee hearing to be held -= the marketing committee. Now I don't know how easy it's going to be to move them, but let's try at least. This is a County -wide thing; it's got nationwide implications. As you have stated, I would think it's a good candidate for the Bureau to be involved in it. NOTE FOR THE RECORD: ABOVE ITEM 82 WAS ONLY DISCUSSED AND NOT VOTED ON. IT WILL BE ON THE AGENDA FOR FEBRUARY 26th. 80. DISCUSSION CONCERNING NEWS MEDIA PURCHASE OF TRANSMITTERS AND RENTAL OF SPACE FOR THEIR PLACEMENT. Mayor Suarez: Item 83. Are you here for item 83? Mr. Larry Wallenstein: Mr. Mayor and Commissioners, I'm Larry Wallenstein. I'm the News Director of WCIX-TV Channel 6. The item that comes before you today comes from the Police and Fire Departments. We are here to speak to their recommendation so at this point I think it would be appropriate to hear from them first. Mayor Suarez: I'm still puzzled by this. Mr. Ron Williams: Mr. Mayor, if I may qualify that slightly, again, we did ask to have this item discussed because there's been a need to address the issue of continued cooperation with the media as we implement our new 800 Megahurst Communication system. As you are probably aware, as soon as we turn down our 450 Megahurst transmitters, there will be a problem with media access to our channels. We've met with the media on many occasions and attempted to resolve the issue to come up with the solution that seems to serve all of our purposes, those purposes being naturally on the cityside, security and integrity of our communications network and on the media side, to provide them with continued and reasonable access at a low cost level. This is an item that has been... Mayor Suarez: Why? Mr. Williams: Why? Mayor Suarez: Why should the City be in the business of providing access to the media of our communications in our own radio transmission systems? I don't understand. Mr. Plummer: You know, I tried to tell the administration before they went and had all of these meetings and have all of these gatherings with these people, that they should have come here... Mayor Suarez: I tried to do the same thing. Mr. Plummer: and established a policy first. I've told them this for the past four months. Mayor Suarez: I told them exactly the same thing. Mr. Plummer: And nobody wants to listen. Now, they've already gone and negotiated a package supposedly and they're bringing it here before this Commission before we've ever established a policy. Mayor Suarez: You know I said that on no uncertain terms f9r myself on one vote. Maybe my mind could be changed, but I don't see why we've even begun negotiations on this. Mr. Williams: Vice Mayor, we have not negotiated any package. Mr. Plummer: Well, excuse me, you have had negotiations to the point of bringing this item before us today. And this commission was never asked what was its policy. Now, let me tell you where this commissioner is in being very honest and being very fair. The media have unbelievable, excuse me, the media 165 February 12, 1987 has laws that say what they can and they cannot do. And I am in favor of giving them everything that is provided under the law. If we have an obligation under the law to provide them with radios, so be it. If we don't have any obligation, they're going to have to provide their own. Let me remind the administration as well as the media. One of the things that we did in negotiation with the FCC to get the 25 channels and the 800 frequency, and got the support of Dade County to go with us to support us was that Dade County wanted the fifteen 453 channels that we've got. Now, what you're going to in effect be doing, I don't know how many you're proposing to make available, I assume it's four, no channels, what? This is in the 450 range. You got to keep the frequencies to have it available. Mayor Suarez: I'm confused. Is the media asking for your own channels so you can have your own communications among yourselves? Mr. Plummer: No, no. Mayor Suarez: Or with the rest of the world or with whomever? Or you want to listen in on our conversations? Mrs. Kennedy: Including ours, our cars. Mayor Suarez: I'm so curious why we should even contemplate making available... go ahead chief. Mr. Plummer: What they're going to do is they will broadcast on the 450 so they can pick it up on the 450 with the equipment they have. Chief Colonel Duke: This is being brought to the Commission as a discussion item to see if the City entertains the concept of what we've had in the past where we provide media coverage or allow the media to listen in on certain frequencies that we dispatch over. My understanding is that they have requested three channels in the police department and two in the fire, so that they can monitor the dispatches and be able to respond to the emergencies as they come up. Mr. Plummer: Yeah, but you're going to broadcast them Chief on the 450 channels as you broadcast simultaneously on the 800. That means that the City has got to keep the 450. Don, what are you saying no for? INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: On their frequency? Oh, OK., well it's simultaneous transmition. Chief Duke: No, my understanding of it, sir, is that we will take a simple line from where we're transmitting now to a transmitter point on the roof of the Don Hickman Building. The media then would purchase the five different transformers that they need and all they'll be doing is receiving from what we have transmitted and we then get out of the duplex business that we're in right now where we're actually broadcasting 800 and 54 and it would actually clean up the service that we have right now. Mrs. Kennedy: Chief, it says here that the media would also have the responsibility of maintaining the transmitters, but whose going to be paying for the cost of the antenna, the construction of the transmitters, the electricity. Mr. Plummer: They would. Mrs. Kennedy: OK, they would, OK, the power lines, everything. Mr. Plummer: They would. Chief Duke: Commissioner Kennedy, also they would have to put their own group together to draw the package. I understand there's some 17 or 19 different groups or different media that would use the service of our cable... Mr. Plummer: But, there's one other thing to take into consideration. When they're on the 450, that means that now just the media, anybody with a 453 monitor can monitor your channels. Anyone... 166 February 12, 1987 • Chief Duke: That's true... Mr. Plummer: OK. So, that's what you're in effect doing. You are in effect opening up these channels back to the general public and through the fact that any bum that has a 450 monitor can use it tomorrow. Chief Duke: Yes, sir, only on those channels that we would make available to them, not the channels that P.D. needs for security or fire needs. Mr. Plummer: OK, but in the 453, they can pick up anything. OK, here again, Madam City Attorney, I am going to ask this question, because this is my point and I... will continue to be. What obligation does this City have, if any, to make our frequencies available to anyone?... the public, the media, or anyone. Do we have any legal obligation to do such as we have an obligation under the record law, the public document law? We have to do that, that is law. We have got no choice. Now, what choice, if any, do we have here, and what obligation do we have here, if any, to provide them with these frequencies? Mrs. Dougherty: Mr. Vice -Mayor, you are not creating a public record in this instance. These are merely radio transmissions, and you have no obligation to make them public. Mr. Plummer: Thank you. And by the way, just for your information, I am told that Motorola, within six months, will have a monitor that they think will be available to monitor, and they are going to be in every Radio Shack in town. Mayor Suarez: Let's hear from the media. Mr. Williams: That is what we understand too. Mr. Gary Mehalik: My name is Gary Mehalik, I am the assignment manager at Channel Four. There are other proposals before you, which would address what Commissioner Plummer has talked about in so far as keeping the frequencies secure, which would include our purchasing units from Motorola. We discussed this before. It goes back to when Sergio Pereira was here. We had meetings more than a year ago about this. Our interest is in being able to monitor emergency situations, so that in the event of a fire emergency, gas leak, you know, where people are required to evacuate, they need to know about emergency situations, we can get the word out. The same is true in some police emergencies as well. We serve the public interests and I am sure you have an interest in keeping the public safe. We are only looking for the most cost effective way of providing this information to ourselves and we would be willing to work with you to keep it secure so that other people don't listen in on the 450 frequency. Mayor Suarez: Are you willing to limit it to those communications that you would then re -transmit through your media that are necessary to keep the public safe, to use your own quote? Or, do you want to use them so that you can broadcast all the sensational things that happen when people get run over, and all kinds of other such things? Mr. Mehalik: Well, who would decide? Mrs. Kennedy: Now, that is a question! Mayor Suarez: Very interesting. Mr. Plummer: Well, let me say that there is a system that presently exists through the P.I.O., the police and also, I think Christy of the fire, and you still have Telex, you still have the teletype, and that is available to you. Mr. Mehalik: No, sir, the problem is, your offices are not manned twenty-four hours a day, seven days a week. Mr. Plummer: You mean, the P.I.O.? Mr. Mehalik: Yes, sir, that is correct, sir. The information cannot be transmitted because of our availability of this information, your current staff can handle our communications inquiries. If, without this system, you will find that the burden placed upon your offices of public information, will double times nineteen times six. Nineteen news organizations times six telephone calls per hour, and.., 167 February 12, 1987 Mayor Suarez: Well, we could take the phone off the hookl Mr. Mehalik: But, then you would not be living up to the obligations to provide public information. Mayor Suarez: Well, it is just not exactly when you want it. What do we get, supposing that we were disposed to agree that to make our communications system available to you? Mr. Mehalik: Well, all we are asking is for permission. We don't as, the City to spend a dime. Mayor Suarez: I know that. Mr. Mehalik: We simply ask for the ability to monitor public frequencies. The simplest way is to give specific permissions for Motorola to sell equipment to authorized representatives. That is far more simple than going through this process. UNIDENTIFIED SPEAKER: That would beef you up to 450, then. Mr. Mehalik: And then you wouldn't have to worry about 450. Mayor Suarez: Do you want to promise us to give a fair proportion of good and bad news on television and radio? Mr. Wallenstein: I only hope you watched the Channel Six Ten O'Clock news last night, and our top story, the good news of the day. Mayor Suarez: I wish the other stations would pick up on that. Mr. Plummer: Xavier, do you want me to work with them for two weeks and see what I can come up with? Give me 30 days. I'll work with them. Mr. Wallenstein: The story, sir? Yes, the saving of a human life by three people. Mayor Suarez: Why don't we get the Miami Herald to start publishing some good news too. That would be helpful. I've heard the Miami Herald already has access to our system. Any truth to that? Mr. Plummer: The only thing the Miami Herald has access to is the mobile phones. That is the only thing that they can... the other one is impossible, because it is in a trunking system and unless you actually have an actual two- way radio, you cannot monitor that, and we can still, if you had a two-way radio, we can still cut you out through the computer. Mr. Wallenstein: That's correct, so that's... if you so desired that we not listen to certain transmissions, simply give us permission to buy the piece of Motorola equipment and lock us out of what you don't want us to hear. Mayor Suarez: Wait a minute, now. Mr. Plummer: There is only one problem - the Miami Herald has Ben Demby's son working for them. Mayor Suarez: You are saying technically, that there might be a way that on certain communications, we can still prevent access to the media? Mr. Plummer: Somewhat. Chief Duke: With the... if you are referring to the five lines that they are requesting, or at this point, I guess they are requesting, yes, they would just have those five lines. Mr. Plummer: But, you can't lock anybody else out. Mr. Williams: But not selective transmissions. UNIDENTIFIED SPEAKER: We're talking a different frequency here. 168 February 12, 1987 Mr. Plutomer: No, no, but you can't lock the public out. Mr. Wallenstein: No, we are talking 800 now, OK? Mr. Plummer: No, if we gave you 800, we can cut you out through the computer. Mr. Wallenstein: You could lock us out, exactly. UNIDENTIFIED SPEAKER: Cut the public out, also. Mr. Wallenstein: And you will automatically cut the public out. Mayor Suarez: On specific communications, mechanically, how would that happen? Mr. Williams: Not selective transmissions, OK? Mayor Suarez: No? Mr. Williams: Yes, unless we... Mr. Wallenstein: All you do is sit at the terminal, the computer terminal, and block out those certain numbered units. Mayor Suarez: See, that would give us some safeguard, because there are a lot of things that really are the kinds of things we don't want to be heard by the whole world at a particular moment, including possibilities of disturbances and a lot of other things. Mr. Carollo: Yes, the Mayor's car gets stolen and stuff like that. Mayor Suarez: Right. Mr. Wallenstein: You would have total control over which sub -fleets we could listen to. Mayor Suarez: Who would have total control? Mr. Plummer: The fleets as well as sub -fleets. Mayor Suarez: Right, you would have... your computer would have total control. Mayor Suarez: I have no problem, if this matter is considered additionally by the Administration, and Commissioner Plummer, if you want to discuss it with them and get back to us with a recommendation, I am not sure I am ready to... Mr. Plummer: I will be glad to sit down with them. Give me 30 days to come back. Mr. Wallenstein: Very good, we appreciate it. Thank you. Mr. Mehalik: Thank you very much. Mr. Plummer: Go get a big bank account. Mayor Suarez: You are going to have a good time. 81. DISCUSSION CONCERNING OCCUPATIONAL LICENSES. Mayor Suarez: Agenda item 85. Mr. Odio: That is the occupational license. Pursuant to the Commission's request, the Finance Department is currently updating the code regarding j occupational licenses. ' Mayor Suarez: Can we not change them without State law... i 4 169 February 12, 1987 i Mr. Odio: Florida statutes controls the authority of municipalities regarding issues of municipal occupational licenses and they have allowed one increase in rates since 1971. 1 did go through the Dade County... Mr. Plummer: Well, they were frozen for years. Mr. Odio: Since 171. Mayor Suarez% Is that an increase in the over all revenue that is picked up? Supposing we just wanted to restructure the fee so that people who now pay a higher amount pay less. Mr. Odio: As I understand the law, only the Legislature can change that. Mr. Plummer: No, no, they are frozen, Xavier. Mayor Suarez: Or, can we reduce them, but not increase the corresponding ones to make up for the revenue? Mr. Plummer: You can reduce them, yes; but, you can't increase the fee, or make new ones when under a freeze. Mayor Suarez: OK, that is what I thought. Now, can we at least... I've got another memo out to you, and these memos are proliferating here. Can we at least get an estimate of how much it would cost to reduce what vendors and peddlers have to pay, to a more reasonable fee? Mr. Odio: Yes... Mayor Suarez: I've got that in the form of a memo, so if you will get that to me, Carlos, as maybe it turns out the amount is not a great amount. Mr. Odio: We did ask the Dade County Legislation group to see if they can get the State to let us raise the occupational license fees to raise about $200,000. Mayor Suarez: I wouldn't propose it, even if the Legislature gives you the ability to do that, because... Mr. Plummer: And by the way, the street vendors, Mr. Manager, when we made the occupational licenses, one of the things that we placed upon them that had to demonstrate a sales tax number. I have not seen one of those vendors yet... Mr. Odio: I'll have it checked out. Mr. Plummer:... that is displaying his sales tax to make damn sure that he is paying sales tax from that vending. Mr. Odio: I will report back to you. Mr. Plummer: OK. Mayor Suarez: OK, the last memo I sent to you, you could just handle it in that way, to give me an estimate of how much we get from peddlers and vendors, street vendors. 170 February 12, 1987 --------------------------------------------------------- -------------------- 82 ".. ".,.)NC DISC"L'SIV OF ALLEGED DISCRIMINATION IN THE CITY FIRE DEPARTMENT; B. REQUEST INVESTIGATION BY THE U.S. JUSTICE DEPARTMENT OF FIRE DEPARTMENT'S ALLEGATIONS; C. RECONSIDERATION OF U.S. JUSTICE DEPARTMENT'S INVESTIGATION; D. CONTINUE PUBLIC HEARING TO DISCUSS ALLEGED DISCRIMINATION IN THE MIAMI FIRE DEPARTMENT TO FEBRUARY 26TH MEETING. (See label 089) ------------------------------------------------------------------------------ Mayor Suarez% Item 80... Mr. Carollo: Let's move to item 95 and then get it out of the way already. It is set for 6:00 p.m. Mayor Suarez: Which is item 95? Mr. Carollo: The one I think most people are here for. Mr. Odio: There are some people here waiting for items that I know of, is the 89. Mr. Plummer: Yes, but the bulk of them are here from the Fire Department. Let's do that one and get it out of the way. Mr. Carollo: Ninety-five percent of the people here are waiting for item 95. Mayor Suarez: OK, item 95. Mr. Dawkins: Mr. Mayor, item 95, I asked that... Mayor Suarez: Please, can we have some silence in the chambers? Mr. Dawkins: I asked that item 95 be placed on the agenda because it has been brought to my attention that there is some alleged discrimination in the Miami Fire Department, and as such, I thought that the appropriate place to hear it was here. I have four gentlemen who I'd like to have come down, state their allegations and then we can hear from anybody else who wants to counteract it, and then I will have something else to say. Mr. Manager, will you have the four fellows come down? Mr. Manager, and Mr. Mayor, do you have any objections of these gentlemen being placed under oath? Do you have any objections to these gentlemen being placed under oath? Mr. Odio: I don't know what... if that is proper, I don't know. Mrs. Kennedy: Why don't we ask the City Attorney? Mr. Odio: If they volunteer. Mr. Dawkins: If they volunteer, it is OK. You gentlemen mind being put under oath? You have any objections? Mr. Mayor, will you ask the City Clerk to swear them in, please? Mayor Suarez: Madam City Clerk. Ms. Hirai: Would you raise your right hand? Do you solemnly swear that the statements you are about to give are the truth, the whole truth, and nothing but the truth, so help you God? Mr. Leo Garcia: I do. Mr. Harry Payne: I do. Mr. Ronald McCray: I do. Mr. Plummer: Now, may I ask a question of the City Attorney? Madam City Attorney, we read what is here. I am asking of you and maybe of Mr. Mielke if he is here, is there any violation of allowing this testimony to proceed in a violation of the labor contract that exists between the City and the fire union? I am commonly referring to the grievance procedure. 171 February 12, 1987 Mrs. Dougherty: I don't know of any violation. Mr. Plummer: Thank you. Mayor Suarez: OK, proceed. Mr. Dawkins: Proceed, please. Mr. Garcia: My name is Leo Garcia. Mayor Suarez: You can raise the mike up, if you want. Mr. Garcia: Leo Garcia, Miami firefighter. If the issue is discrimination, harassment, verbal abuse, I've experienced all that, OK? Many times, I went to the station, after three and one-half days at that station, the officer there recommended that I be fired. He never spoke to me about any problems I might have there. I was very surprised, but he recommended I be fired, and in my opinion, and I know the allegations were... that he proposed were lies. He wrote down lies and tried to have me fired. Other than that, I've also talked to many officers, a lot of the Latin officers, which have taken promotions through affirmative action, which, I wish they had the courage to come down here and speak today, but apparently they don't, so I will speak for them. Mayor Suarez: We don't know yet, we haven't heard from the other side. Mr. Garcia: Well, they have told me they get harassed by people that work under them, that they have been... one has told me that he was set up to get demoted, and one has told me he became an officer because he couldn't take the harassment, and things like that are going on all the time. Mr. Dawkins: Next gentlemen. Mayor Suarez: Thank you, Mr. Garcia. You haven't been very specific. If you can be a little bit more specific, it would be helpful. Mr. Harry Payne: My name is Harry Payne, and I in the opinion that racism, bigotry, prejudice, and discrimination does exist in the Miami Fire Department. My first encounter with that... Mayor Suarez: You want to lower the mike a little bit and make sure we get all - everything into the transcript. Mr. Payne: My first encounter with this was while I was in Fire College. I was in Station 7, riding rescue, training for E.M.T. I was out in the hall studying and some other fellow firefighters in the dining room talking, and 'they didn't... they forgot that I was out in the hall and while they were talking, the conversation turned to racial jokes about Black guys, so while they were talking, someone remembered, closed the dining room door, then they continued on. I would have brought it up then, but being in Fire College at that time is a precarious point in your career, and it wouldn't behoove me to speak up at that time. Even now, when recruits, minority recruits are graduated from Fire College, they are advised by the lieutenants... Mayor Suarez: Just out of curiosity, how did you know that they continued making those remarks after the door was closed? Mr. Payne: I could still hear them. OK, graduating minority recruits from the Fire College are advised by the lieutenants who taught them, that when they go to the stations, they are going to hear a lot of remarks, but don't worry about it, concentrate on your job, and don't let it get to you, and what happened with me, one of the first stations I went to, a lot of times when we were eating dinner, the news is on, and a lot of comments come up as we are watching T.V., and if you are a lone Black guy, or Spanish, or whatever, at a fire station, and these kind of comments are coming up, they are said in jest, but if you are there by yourself, it alienates you, and you wouldn't have to tolerate it in a public place, so I don't think I should have to tolerate it in the fire stations, and I am proud to be Black, and I don't think I should have to go through that. At my station, a lot of times when I first came on, guys were asking me what did I think of affirmative action. I never wanted to get into it, because I knew it was a controversial subject, and it could just go on and on, and everybody has their opinion, so I am not saying who is right 172 February 12, 1987 and who is wrong, but at one point, someone asked me, so I said, whatever is good for Black people, that is what I am for, and that was on a Friday. When I came to work on Monday, no one at the station was talking to me. I'd come in in the morning, say good morning to someone - walk right past me. I'd say, "Hmm, what is going on here?" Then I spoke to someone else, good morning. Someone else didn't say hello. Then later that day, we went to Station 1, which is the main station for district 1, and a guy at Station 1 told me, I heard the guys at Station 4 are not talking to you. To that point, I thought they were my friends, because I had drank beers with them on a couple of occasions, I had played racketball off duty with them on a couple of occasions, and as I said, I thought they were my friends, so... and I am not say every White guy, Latin guy, Black guy, discriminates, and I am not saying everybody has been discriminated against, but in my opinion, I think it exists, and if anybody ask me... says what I am saying is not true, then I would tell them to their face they are a liar, and that is all I've got to say. Mayor Suarez: Thank you. Thank you for your statement. Mr. Ronald McCray: I came to the City of Miami Fire Department from the City of Miami. Mr. Dawkins: Your name and your address, please. Mr. McCray: Ronald McCray, and I came to the City of Miami Fire Department from the City of Miami Police Department and I know what discrimination is and I know what racism is, but I wasn't prepared for what was going on in the City of Miami Fire Department. It was the most blatant discrimination and racism I have ever seen! As part of my screening process, before my oral review board for the job in the Fire Department, one of the questions was, how would I react if a White guy were to call me Nigger, and I didn't know that they were bracing me for the type of racism that is allowed in the Fire Department, and it isn't a subtle type of discrimination, or racism. It is very blatant, it is supported by the officers and whenever a person takes a stance that it is discrimination and that is wrong, then he becomes subject to extreme harassment and extreme scrutiny. Mrs. Kennedy: Did you notice this from the start? Mr. McCray: Yes, I did, from the very start, and you're in a delicate situation, as you go through your probation, because that is when you are most vulnerable to being terminated, and while you are on the department, they use job security as a weapon of fear against you, and most guys are afraid to come forth and say it's discrimination. They have guys who are hired on the job because of affirmative action, which is responsible for about 95 percent or more of the minorities on the job, somehow, they condition these same guys to come back and speak out against affirmative action and I say that is very selfish and has no consideration for the rest of the kids that grew up in Miami who want a job on the Fire Department. There is a big discrepancy, a great disparity between punishment for minorities and for White firefighters. I have been in stations and I have seen a guy... well, a guy was supposed to come in for work, he doesn't show up for work. They start calling him at home. They come to find out he is drunk and he is known to be drunk all the time, so they covered up for him, they say he is sick, or that he has vacation time. He comes in that evening, and he falls asleep in the lounge and he stays asleep until the next morning. The power that the officers have in the station is totally subjective. There is no way to double check it and it gives them a type of total power and it is unfair what is happening to the minorities and I am surprised that it goes on in 1987 and been allowed to go on and I think one of the biggest parts of our problem is the union that is supposed to represent every firefighter on the Department. It• is the same union that takes our funds and fights affirmative action and they've been fighting affirmative action for the last ten years or more, and somehow, they come back and persuade other minorities, some minorities, to try and squash affirmative action and what that result is, is a bare minimum of future minorities to go through the Fire Department. Another tool they use is when a firefighter takes a stance on the issue, what firefighter Harry Payne was referring to is that they have a way of ostracizing. They put you in the station that is known for having a lot of bigots. Nobody speaks to you, and that wouldn't be so important if you went to a job and you went there for eight hours and you could do the job and leave, but when you go there for 24 hours, you need a total social process, because you are a human being and I 173 February 12, 1987 think that... well, I know for a fact, in my case, when I sit down to eat breakfast, lunch and dinner, and all they talk about is minorities, minorities, and I have to feel like if I say aomething aL_.;t it, I say... and I have told them, I don't care how you feel, you have got the right to feel whatever way you want, but just don't talk about me, and my people and the place that grew up on as a hole in front of me. I wouldn't do it to you, I've got more respect than that. That is courtesy and common decency, and as a result, I became labeled. I consider that to be a type of character assassination. They have a network, where they talk from one station to another station that says, well... what they will say is you are a radical. If I say I am a man just like you are a man, I am not going to disrespect you, then don't disrespect me. That means that I am a radical t They want me to succumb to being a lesser person and I told them that I wouldn't. In one incident, I was talking to an officer with three officers and they told me that I was kind of standoffish and I told them, well, they are playing in certain ways that I don't like to play. I am not accustomed to grown men walking up behind one another and fondling each other, OK? I'm not accustomed to grown men walking up behind each other and practically mounting each other. Now, since I was... (LAUGHTER) Mayor Suarez: Pleasel Mr. McCray: That's the truthl Well that is common. I think that is the difference in the people, and they don't understand that. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Pleasel Silence in the chambersl Mr. McCray: Well, the fact of the matter, I don't know whether some of them are queer or not when they do that! That is how I feel. Mayor Suarez: Ron, don't get into that, pleasel Mr. McCray: And I made a point, I told them I didn't want any problems, so I told them, don't play with me like that and one of the officer's response to me when I come on the job, I should be prepared to do anything they want to keep the job. I think they try to make people feel like they hired them, and they pay their salaries. I told them before, they don't pay my salary. I told them I am paid by the people of the City of Miami and I don't think they condone the type of racism that goes on in the City of Miami Fire Department. There are other firefighers that wanted to come here tonight and speak about discrimination and racism, and that is about all that I can say at this point, or all that I am going to say. Mr. Dawkins: Before you go away, is there an incident about a body bag? Mr. McCray: Yes, sir. At one of my stations, after they labeled me, saying I was some type of bad guy because I wouldn't sit down and listen to them talk about minorities all day long. They sent me to Station 1, while I was at Station 1, I have a punching bag that I take to work and I work out with that, and they stole that for about a month and one-half. I went there week after week, telling... Mr. Dawkins: No, don't say somebody stole, say it was missing. You don't know, you didn't see anybody take it. It is missing, OK? Mr. McCray: OK, it was missing and I went there week after week telling the guys, "Listen, I don't want any problems. Only thing I want ,you to do is return my punching bag," and this went on for a month and one-half. After a month and one-half, I made a police report out. I was in the office making a police report. The captain in the station walked by. He heard me making a police report, and an hour later, he called me upstairs and said, "Look what I foundl We found your punching bag." And then, in another incident, at Station 4, I had my punching bag at that station and they knifed it about 50 times, with a blade that must have been about three of four inches long, and after this, they said that I am supposed to be able to come to the station relaxed and it won't and that shouldn't interfere with my work performance. I am expected to give maximum performance under those kinds of circumstances. I don't know what the guy had in mind when he did that. I don't know if he was 174 February 12, 1987 . 1 4 thinking about me. I don't know if I should go to sleep, I don't know what to think, but I know it is hot a decent person to do something like that. Mr. Dawkins: Thank you. Anybody over here, you guys got a closing statement? Mayor Suarez: Go ahead. Mr. Garcia: Some of the incidents that have happened to me, I've had at least three people at a station try to draw me into a fight. OK, the day after I testified here at a Civil Service hearing for Ron McCray, one of the firefighters verbally gave me a verbal profanity. I had a witness there, one guy saw it. His side of the story was in accordance to my side of the story, that he started the whole thing, and the Chief came back, told me that about ten guys had written a thing saying that the other guy... that I had started it, when I know those other guys weren't there at the time, and he said that therefore, he couldn't do anything about it. Another time, a lieutenant told me to do a simple task. I mentioned to him the station rules and just from merely mentioning to him the station rules, as I understood them, I was reprimanded, told that I had a bad attitude, that I had no... something to the effect of lack of respect for authority, and I was given an penalty at the station. Other incidents... Oh, as an example of the double standard which exists, something as simple as what I have just stated is enough for a reprimand and a punishment on my behalf, but the other day, the Captain stated that everybody at the station was to sign a statement saying they had read Title Seven against harassment and discrimination in the Fire Department, and most of the people, except for us three here, and maybe one other guy, refused to sign and got up and walked out. One of them was a union officer, and I guarantee you that if that had been me, who refused to sign something on orders from the Chief, I would have been reprimanded very strongly, but as far as I know, nothing happened to them. Another time, an officer accused me of leaving somebody on hold for him for too long a period of time. The officer verbally abused me for about ten minutes and also told me that I should leave the job. Finally, when he calmed down, I told him that I had not answered the phone, that it was another officer at the station and he just shut up and didn't say anything, but he verbally abused me in front of the other men for at least ten minutes. Another officer, also with the same excuse, that he had called, and I had left him on hold came into the station looking at me like he was about to strike me, and told me to come into his office. When I went into his office, he yelled at me, number one. I tried to explain to him what happened. I brought in a guy confirming what had happened and while I was explaining to him, he yelled at me, "God damn it, shut upl" and in my opinion, those are the things they do to you just to put you on edge and to make your work environment very miserable, which is what they have done for me. Mayor Suarez: Mr. Garcia, I am going to say something. You know, for many years, the head of your union has been telling me, as a lot of you repeat, that you want to act as a family, that you are a family, that you are a special department in that sense. We don't expect you to act as a family, to tell you the truth, and it doesn't sound like you are acting like a family, but we expect you to act like one of the best departments in the country, which you are. Now, some of you apparently don't realize that ethnic and racial jokes are not well taken in this community. Maybe some day we will get to the point that we can relax about them. They are not well taken in this community and it troubles me, spending an hour and one-half, yesterday at Station 4, speaking to one of the men who had an altercation with Mr. Garcia, that he said... he told me again, you know, the theme, the many often times repeated theme that you are a family, and he said, "I didn't even know Mr. Garcia was Hispanic, because I have never met him," and I said, "Well, how could not have met him if you are in the same station as he is?" He said, "We work different shifts." I said, "Well, don't you see him when you come in and out? Don't you overlap for five, ten, fifteen minutes? Don't you introduce each other?" And he kept alleging he didn't know Mr. Garcia was Hispanic. Let me tell you one other thing on the other side, and he is back there, he is raising his hand. Mr. Garcia has a father who is a WQBA broadcaster, and he is back there and there is talk around the station that this Commission is concerned about Mr. Garcia's father, and we are going to be afraid of doing something if Mr. Garcia does something wrong. No one in this Commission gives a hoot about Mr. Garcia's father in this matter, I want you to know that, and no one in this Commission has interfered in any way by calling any captain in any station to have him transferred from one job to the other, and if any non - minority feels, because you are not a minority, somehow you don't have the 175 February 12, 1987 same protection that every other member of this Department has, you are dead wrong In fact, on the group that opposes Mr. Garcia, there is a fellow who is also here, I may not mention his name, we have ali:eady ;a�.ytio.,ed enough names. His father is also a Hispanic broadcaster, very respected, as respected as Mr. Garcia. Fuste, and actually a lot closer to me, and he disagrees with Mr. Garcia and his overall view of the Department, but really, if you know somebody really well, if you are really are a family, then maybe you can get into ethnic jokes and all that, but I think you guys ought to just drop them altogether, and I will tell you one thing that one of you mentioned that is wrong too - if you are out in public and somebody makes an ethnic remark to you, legally, you can't do a damn thing about it. If they are not the aggressor, you can't do a thing about it and you have to take it in public. So how about taking it within the Department. But the rest of you, if you want to act like a family, don't do it, because they don't like it. Now, beyond all of this is the real issue, which is affirmative action and the promotional system in the Department. It is not an easy issue, we haven't solved it. It is not right for somebody to be number 35 on that register and be passed over by somebody who is number 36, or 37. We have a problem with that. (APPLAUSE) Wait a minute, pleasel But, it is also not right to have a Department that at the very top, is almost all Anglo males and that somehow, we keep hearing rumors of the questions being passed from generation to generation, and we are going to devise a system that is really going to be fair... hopefully we are going to devise a system. We are going to test you, and then all of the minorities better go out there and study your heads off and complete equally and do well in that exam. (APPLAUSE) Pleasel But, in the meantime, I would suggest talking like you are a family, although you function in a lot of ways like a family - you are together a lot, you sleep together, you drink together, you do what the rest of our society is not doing in an integrated fashion, and just act like a department - no racial remarks, no ethnic remarks. Don't assume the person is only interested in talking about whether he is a minority or not. Talk about other things, please, and get to know each other. That would help enormously in some of these tensions that we have in the Department. Mr. Dawkins: Ms. Hattie Daniels, Dr. Daniels, will you come... Mr. Manager, will you have Ms. Daniels come to the mike? Will you state your position in the City of Miami, please? Dr. Hattie Daniels: I'm assistant director of the Department of Internal Audits and Reviews. Mr. Dawkins: And in that position, what do you do? Dr. Daniels: I am responsible for the administration of the Affirmative Action Program and also directly responsible for the Office of Professional Compliance. Mr. Dawkins: Has anyone in that position ever approached you and said there was discrimination in the City of Miami Police Department? Mr. Plummer: Police, or Fire? Mr. Dawkins: In the Fire Department. Dr. Daniels: Yes. Mr. Dawkins: Can you state some of the instances for us, please? Dr. Daniels: Some of those complaints are in terms of selection before individuals are hired, that there are standards applied that are not applied for Anglo males. One example of that would be an individual that the Department did not want to hire, and their reason for not wanting to do so, was that the individual was separated from his wife and, in probing the Department, they said that he was not emotionally capable of doing the job, and they knew that because they had going through three or four divorces. Now, that question regarding marital status is against the law, and it was not applied to anyone else, and as a result of that investigation, that individual was hired. We have a number of complaints right now of Hispanics, particularly, that were asked to resign from the Department or be fired, and that was done two weeks prior to graduation, so there are a number of complaints along those lines. There are also complaints from members of the Black Fire Association regarding harassment, complaints about the promotional 176 February 12, 1987 system and the lack of opportunities for Blacks, so there are a number of problems that have been reported. Mr. Dawkins: OR, and what did you do when these reports were made to you? Dr. Daniels: Many of these complaints have been investigated. Some of have been negotiated, In the case of the individual regarding hiring. He was hired after it was revealed to the Department that that was a discriminatory reason for not hiring the individual. On other occasions, there have been letters sent to the Department regarding the deficiencies, etc. So, it has been a number of things used. Mr. Dawkins: I have in my hand here, and I think you have a copy of an attachment two - "New Hires, Classified, Uniform", do you have that? Dr. Daniels: Yes. Mr. Dawkins: Now, they say that there is no discrimination, OK? In 1981, they hired 14 White males. Is that correct? Dr. Daniels: That is correct. Mr. Dawkins: They hired two women, is that correct? Dr. Daniels: Correct. Mr. Dawkins: They hired 15 Black males. Dr. Daniels: Yes. Mr. Dawkins: And 13 Latin males. Dr. Daniels: Thirty. Mr. Dawkins: In 1982, they hired ten Anglos, two women, eleven Blacks and fourteen Latins. Is that correct? Dr. Daniels: Correct. Mr. Dawkins: In 1983, they hired 10 Anglos, one woman, 10 Blacks and 21 Latins. Is that correct. Dr. Daniels: Right. Mr. Dawkins: And we go down to 1984, they hired six Anglos, three women, eight Blacks and 17 Latins, is that correct? Dr. Daniels: Correct. Mr. Dawkins: In 1985, they hired eight Anglos, three woman, 10 Blacks and 19 Latins, right? Dr. Daniels: Right. Mr. Dawkins: In 1986, they hired seven Anglos, three women, seven Blacks and 18 Latins. Is that correct? Dr. Daniels: Yes. Mr. Dawkins: So in each of these years, it would be a safe assumption to say that we hired more minorities than Anglos, is that correct? . Dr. Daniels: Yes. Mr. Dawkins: Then we look at... which one of yours here, you have a total number of... how many people do we have in the Fire Department, totally? Dr. Daniels: The total number according to my figures, 659 sworn uniform. Mr. Dawkins: And of that 659, how many of them are White? Dr. Daniels: 391 men, and 15 women. 177 February 12, 1987 Mr. Dawkins: OK, how many are Black? Dr. Daniels: Seventy-four men, one female, that would be 75. Mr. Dawkins: How many are Latin? Dr. Daniels: 177 males, one female. Mr. Dawkins: Now, if we were so great and so honorable, where we have hired more minorities than Whites, we would have a closer scenario than that. All right, I have here another attachment four, which says, "Promotions," OK? In 1983, 17 people were promoted, is that correct? Dr. Daniels: Correct. Mr. Dawkins: Eight Anglos, three Blacks, six Hispanics. Is that correct? Dr. Daniels: Correct. Mr. Dawkins: I don't care who we passed over? That is all we have got, right? Dr. Daniels: That is all. Mr. Dawkins: All right, in 1984, 25 were promoted, is that correct? Dr. Daniels: Yes. Mr. Dawkins: Sixteen Whites, three Blacks, six Hispanics. I don't care who you have passed over, that is the figure, is that right? Dr. Daniels: Those are the figures. Mr. Dawkins: In 1984, 14 were promoted, is that correct? Dr. Daniels: Yes. Mr. Dawkins: Eight Whites, no Blacks, and six Hispanics. I don't care who was passed over, that is what happened. Dr. Daniels: Correct. Mr. Dawkins: In 1985, 23 were promoted - 11 Anglos, six Blacks and six Hispanics. I don't care who you passed over. Dr. Daniels: That's correct. Mr. Dawkins: In 1986, we had 38 promotions, 28 Anglo White, three Blacks, and seven Hispanics. I don't care who you passed over. Dr. Daniels: OK, those would be actually 180... we use 186, '87, those would have been in January of 187, that those promotions occurred. Mr. Dawkins: OK, I have here a letter from Chief McCullough in this package. It is dated November 21, 1986. Do you have that? Dr. Daniels: No, I don't believe so, but I am sure I am familiar with it. Mr. Dawkins: OK, can you, off the top of your head, tell me you requested... why you sent a letter to Chief McCullough? Dr. Daniels: Well, at the time, I believe the letter camp from the City Manager regarding the status of affirmative action in the Department, and the issue was the under -representation, particularly of Blacks, in terms of hiring and promotions, and to point out to him that promotional goals and hiring goals could not be achieved by promoting one minority group with the exclusion of any others, and that the Department had not met the long term goal, was very far from it, and that any hires and promotions in the near future should consider the promotional goal and the long term effort to improve the status of minorities in the Department. 178 February 12, 1987 Mr. Dawkins: Let me give you a good example of institutional racism, OK? Nov, this is nothing but where whoever was in charge, decided that he wasn't going to do what we say to do. He says: "I have received a call from Hattie Daniels..." Not Mrs. Daniels, not Dr. Daniels, or nothing. "...last week, requesting that this information be furnished. I had not previously responded to this memo because of the lack of understanding of why this information was being requested and for what purpose it would be used. I have a number of questions to be answered. If this information is to be used for affirmative action purposes, why did you choose the period of time 1980 to 1986, and not 1978 to the present. Number two, why are you only concerned with terminations that occurred during training, and not terminations that have occurred during the one year probation that fire recruits must serve? And number three, why are you only interested in the fact that someone was terminated, and not why they were terminated. I am very concerned that the information requested without all facts will be misinterpreted, and not present a true picture, i.e., if 80 percent of all fire recruit classes are minorities, it could well reflect that 80 percent of all terminations are minorities, therefore it could be stated that 80 percent of all people fired by the City of Miami police are minorities. As soon as these issues are clarified, I will submit the information requested." Dr. Daniels: OK, that was requested in May. We requested the terminations from the Fire Academy that you have just read... Mr. Dawkins: In May? Dr. Daniels: Yes. Mr. Dawkins: And he decided to answer November 21. Dr. Daniels: That's correct. Mr. Dawkins: Institutional... see, and this is what we allow to happen in this Fire Department, see, and all we do is go through the motions and the Mayor will say, "You are family, and you should get along like a family." Whether you have got discrimination or not, the fears that these men have is real, see, and I agree, but see, the Mayor can talk all that other stuff he wants about turning the other cheek. That's why I never marched with Martin Luther King, I don't believe in turning the other cheek. I don't play that, see, and I would not be working with the Fire Department, I'd probably be in jail if I had bought a body bag, and somebody had cut it up and I could find out who did it, I would try to crack his scull, all right? (APPLAUSE) Now, I... since 1971, the City of Miami has been experiencing discrimination, all right? Instead of the City looking at the problem and facing it head on, we allow others to take the City into long and costly litigations, i.e., you now have the Police Department going back to revisit the Consent Decree. Money! Who is going to spend the money?... you and us! And around the country, it is evident, where discrimination is charged and it is valid, the municipalities pay money. A good example is what happened right here up the road. They fired a lady because she went on jury duty and she was awarded some millions of dollars. So, it is costly to engage in discrimination. I cannot sit here, in keeping with the oath that I took when I was elected, and hope racism will gradually go away. It won't happen, see, because we have been singing, "I am going to overcome," ever since we got here and those of you who say that we are crazy for this, the Cubans just got here in 1977 and nobody begrudged them their rightful upward movement, but we have been here since;we came over on the slave ships and we have not been able to make the gains that other people have made, because nobody wants to treat us as an equal and every time one of us have guts enough to stand up and say, "I'm not being treated equally and like I should be treated," then somebody comes along and wants to condemn him and brow beat him and what have you. This is not a feel good meeting. Yes, sir, go right out here, sir. This is not a feel good meeting. Now, I have Mr. Collier, I have Mr. Collier. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. 179 February 12, 1987 Mayor Suarez: Sir, everybody is going to get their chance to say whatever they want to say. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Please. Mr. Dawkins: I have here... wait a minute, the records of Charles Collier, is that you, sir? Mr. Charles Collier: Yes, sir. Mr. Dawkins: Will you give your name and... Mr. Collier: I am Charles E. Collier, I work for the City of Miami Fire Department as a fire inspector. I was out front just now. I don't know who the individual was who said, "You should study your butt off and try to prepare yourself for the exam." When I first came on the Department, I studied my butt off and I was denied employment. I think Mr. Dawkins has a dopy of the letter that I received from the Fire Department with no explanation as to why I was not hired since I was amongst the top five percent on the register, and I had to go to the E.E.O.C. to file a discrimination charge, and he has a copy of that also, and I won my suit, I was hired, and since I have come on the Department, I have experienced nothing but discrimination. Back in 1984 I applied to go to a paramedic course, and I put my application in a timely fashion. I was received my request back stating that this class had been closed. It was an individual who worked at my station, he put in an application afterwards, he was accepted, even though his application came in after the deadline. He dropped out of that class so that I could take his place and they told him, "Well, that is too bad you dropped out, we could not substitute your name for his name." I wrote a letter to Chief McCullough stating that I had been... you know, my application had been sat on by some chief and I didn't think I should be denied the opportunity to attend his class. That issue was resolved by him. He got me into the class. Right now, at present, I have a grievance filed with the Civil Service Board about a discrimination charge where I am in class right now, and I requested to attend class on a 40 hour week, which I was informed that they were not doing this thing right now, so we came up with some other agreement where I would work a 40 hour week, and go to class on my vacation time and my earned time. Well, since that time that class started, there was a White female who came down to the Fire Prevention Bureau in the class as me on a "C" shift date, and she is allowed to attend class on duty. I went to my supervisor, and I asked him... well, first I went to my union representative and I presented him with the fact that this young lady was going to class on duty and I had been denied this privilege and I had been in the bureau two years prior to her and his initial investigation (this is my union representative) consisted of going to this individual and asking her was she going on City time or her time. She told him, "No, she was going on her time," and the way I found out about it was she told me herself that she had been going on City time, so, I went out and I did my own investigation and I found out that this girl was not being charged time against her vacation time to attend class and that I was told that she was working overtime. Her name was never on the overtime sheets, and I went back to my union representative and I presented him with these facts. He looked into the matter and he came to the same conclusion, that it was not being done. He went to my supervisor and he told him that it was not being done. He sent a memo up to the section that was allowing this to be done, stating that he anticipated a grievance being filed and that you know, he made one of his employees follow the standard policy as to the way we have gone and let people to class and things. Nobody else in the Department is being allowed to do this, except this individual and nobody did anything. I went to my union vice-president, I presented him with the fact that... my union rep dropped a ball on me because he told me he wasn't going to pursue this issue because had went to the Chief, and the Chief said, "Well, I am not doing anything wrong, so I don't think that I have to do anything. It is the people upstairs that are doing it wrong." Like I said, he sent them a memo, so the union rep said, "Well, you are not going to get anything out of this. Rather than mess things up for this young lady, we are not going to pursue this issue." I went to the union vice-president, I stated this case to him. I said, "This is what happened, I feel like I am not being fairly represented by this union. This is the second time that I have come to you people to represent me and nothing has been done." Like I said before, 180 February 12, 1987 when I applied for the paramedic class and they sat on my application, I went to my union rep, and he did nothing at all. Everything that was done was done on my accord, OK? I told the union vice-president that I was considering dropping out of the union. He said, "OK, give me a chance to see what I can do and remedy this situation." The guy is new at the job, he had just become a union representative, and he didn't really have all the facts. OK, I gave him a shot at it, this is back in November. I got one phone call from this guy and it was in reference to how many hours I said I had used, and that was it. The next time I saw this guy, or heard from him was here, in these quarters here. We were at a hearing for Ron McCray concerning discrimination and I approached him, I asked him what was the status of my case. He said, "Oh, that is over, I thought you knew that, that's it." So, I turned to him and I said, "Hey, look, I've got this young lady's attendance record, I've got my attendance record, I've got sign in sheets where this girl was being signed in and nothing is being charged on her attendance records, which the ladies up in the Department say that those are accurate documents and that she is not being charged any time," and I told him that I was going to file a grievance with the Civil Service Board. I went to my union, and nothing was done, and these are the types of situations that you have deal with on the Fire Department. You come to these people, and you try to be fair, and you think you they are going to give you a fair shake, and you don't get it, you know... who was it that said that? - "Study your butt off?" Mayor Suarez: presentation. Mr. Collier: in the back. You weren't here. You should have been here for the entire No, I was here. I couldn't see. There were quite a few people Mayor Suarez: What I said sir... Mr. Collier: Oh. Mayor Suarez: What I said is that assuming that there are allegations as I have heard them, because Mr. McCray has made them to me, and I don't doubt it, that people... wait a minute... that people pass information to each other as there are people who would typically do if they are friends and so on, on what is contained in that exam, and if that is resulting in an additional burden being placed on minority members who may be excluded from that flow of information, then how about proposing a whole new exam with a whole new manual to study and in that particular case, handled by an outside agency, and that was one of the proposals I am going to make to the Department, and I discussed that with some of the fellows at Station 4 yesterday, and everybody seemed to like the idea. You know, there is no fool proof way of achieving what we want to achieve in the City of Miami as far as affirmative action and at the same time, having pay respect to the dignity of the person who ranks higher than another person. One of the things that I have suggested, and you know, I never get back any answers from anybody, because I have talked to some Hispanics who don't like the affirmative action system, I said, "Come up with a better system," and nobody has come back with a better system. I proposed a pass - fail system, and then we go to subjective criteria beyond pass - fail, and those subjective criteria are not going to be particularly pleasing to some of you who are not minorities, so you know, there is no... we don't have a better system than the one we have got right now, so we are sticking with that for the moment, until somebody comes up with a better system... let me just clarify that. Mr. Collier: Well, you know, all of us, all of the Black guys on the Department, we all sympathize, we know what it would feel like to have that done to you, but like you said, you don't have a better answer for the situation, and something does need to be done, and if this is all that we can come up with, then, I mean, let's go with it. Mr. Dawkins: Madam City Attorney, what does the Federal low say about the protection of an individual who files an E.E.O.C. grievance? Mrs. Dougherty: He cannot be retaliated against because he... Mr. Dawkins: Ma'am? Mrs. Dougherty: He cannot be retaliated against because of the filing. 181 February 12, 1987 Mr. Dawkins: So if you retaliate against them, then it is a violation of the Federal law, is that correct? Mrs. Dougherty: Yes, sir. Mr. Dawkins: OK, all right. One more question from Dr. Daniels, and I will be finished. Dr. Daniels, have you heard the statement that a Black fire officer requested to be assigned to a certain station and he did not get to the station, have you heard that? Dr. Daniels: Yes, my understanding was that a Black, who in terms of seniority, who was on the swing shift requested to be placed at Station number 5 and they have decided to take a vote to see if he... Mr. Dawkins: They who?... who is they? Dr. Daniels: The entire station. Mr. Dawkins: OK, is that a City of Miami policy, that if you want to transfer to a station, the persons there must vote to accept you before you can go there? Dr. Daniels: Not to my knowledge, but I can't speak about the Fire Department's policies, but he was voted down, so I guess he wasn't accepted. Mr. Dawkins: So these guys at this station told this Black guy, "We don't want you by voting, you can't work here, even though you got the seniority." Is that your understanding of it? Dr. Daniels: That was my understanding of it. Mr. Dawkins: Thank you. Mayor Suarez: Sir. Mr. Miguel Alvarez: This is addressing the Commission, the people attending today. My name is Miguel Alvarez, I have been a fireman for six years. As is obvious here today, some people don't know the meaning of discrimination. I have seen these exact things happen, and worse, to Anglo firefighters. You never hear about it, that is part of being a fireman, not being harassed personally, but harassed because of a reason. Now, let me get into my letter. "I have been afforded the same opportunities as anyone else, never been repressed in reaching my desires and goals with the Fire Department. The Department is governed by rules, regulations, ability to perform, and getting along with your brother firefighters. The incapability or unwillingness of some members, regardless of race or nationality should not be tolerated and the excuse of discrimination be permitted to be used as a cover by any of its members. The actions of some of these individuals has hurt the morale and has tarnished the reputation of the Fire Department and we should take action not to let this happen. While discrimination and bigotry unfortunately are commonplace in life, it also comes in all colors and nationalities. The only ones being discriminated against are the Anglo firefighters in hiring and promotional tests." (APPLAUSE) Mayor Suarez: Pleasel It doesn't help our deliberations. Please go ahead. Mr. Alvarez: "In conclusion, I'd like to say that I have been a proud member of the Fire Department and I would hate to see any false accusations further hurt its fine standing in this community. Sincerely." Mayor Suarez: Thank you for your statement. Go ahead, sir. Mr. Bill Bryson: My name is Bill Bryson, I am a City firefighter. I've witnessed some discrimination and some intimidation that I would like to discuss. You know, the people here today are made up of all different groups, minorities and Anglos, and as a whole, we are here to tell you we want the same set of rules for everybody on the Fire Department. We want to get hired the same, we want to get promoted the same. (APPLAUSE) We want to get promoted on our abilities and our merit, and not the color of our skin. The act that I am talking about, was one where some Latin firefighters went and spoke up about how they felt about promotional procedures for the City of Miami and a City Commissioner termed them "pseudo -Cubans" because his views 182 February 12, 1987 didn't go hand in hand with their views and he could not intimidate them into seeing his own views. I think that sort of thing, if you are going to lecture, should be covered for all people in the City of Miami, and not just the Fire Department. (APPLAUSE) Mr. Giovanni Felipe: My name is Giovanni Felipe, I am at Station number 7-B. In 1975 I joined the Miami Fire Department. There was just a small number of Latins, especially Cuban born on the force. It was a trying time, since affirmative action was being implemented. Changes within the Fire Department were rapid and radical, but during these times, or any other time, I never experienced any racial harassment, institutional or otherwise, due to my national origin. No individual or group kept me from advancing in my profession, or made my life impossible, by using any kind of scare tactics. In an organization like this, there are always some bad apples - yes, I am sure we have our bigots, but they come in all colors and nationalities, but we also have our misfits - those who cannot, or will not work within the confinements of the system. Most of the time, these individuals are weeded out, but in this case, we have a problem. I believe that certain individuals are using the umbrella of anti -discrimination law as a sanctuary for their own mistakes. In the fire station, we have to live, sleep, eat and fight fires together. There is no room for personal conflict. Whenever a rookie comes to the station, he or she has to earn the respect of its fellow firefighters, but you cannot earn this respect by creating chaos. The only people that are discriminated, are the ones that do not do their jobs, challenge authority, any time they fit, and disturb the peace of this Department. If I am called a pseudo -Cuban because I do a good job, earn the respect of my fellow firefighters and believe in the merit system, not just "gimme's" then let it bel (APPLAUSE) Mayor Suarez: Pleasel Sir. Mr. Homer Sellers: OK, my name is Homer Sellers, I am a lieutenant with the City of Miami Fire Department. I had went to class, studied, I got my paramedic license and I had requested to be assigned to the Rescue Division, so I put in my letter, and at that time, the requirements for being assigned to the rescue work, one, which was the top priority, was to have your paramedic license; second priority was this evaluation form that they had going around at that time. I had my license, I filled out the evaluation form, of myself. At that time I did not know that the officer would fill out that same evaluation form and send it in along with mine. The highest possible rating at that time was a 33, or a 34, whichever, but I rated myself the highest. The officer had rated me a 15, and he had only known me for approximately two months when I swing to the station, where I was assigned there. But, nothing was... we never had any conversations, or he never counseled me. I never was late and in the meantime, they were still assigning individuals to the rescue who were not paramedics, they only had their E.M.T. license. From my understanding, you had to, you know, if you had your paramedic license, that was a priority. You would have first choice or first opportunity. This went on for approximately eight months. I inquired to a union representative to find out why I wasn't assigned to the rescue, and I had asked him on at least four different occasions over that eight month period why I wasn't assigned and on each of those occasions, he would say that he would get back to me. He never got back to me. I called down to rescue headquarters and the secretary pulled up the files and she said the reason why that I wasn't assigned to rescue is because of this 15 point rating, which I did not find out until eight months later, so... Mayor Suarez: What was that rating based on? Mr. Sellers: You know, your work habits... Mayor Suarez: What are the criteria? ' Mr. Sellers: The criteria at that time was work habits, how did you feel about rescue, and it lists about 15 to 20 questions... Mayor Suarez: Subjective? Mr. Sellers: It was subjective, so after that, I was instructed by an attorney to go and get guys who were assigned to the Rescue Division before me who weren't paramedics, since that was one of the requirements, so I went and I asked the chief, Chief Jaremko for the list of guys who were assigned to 183 February 12, 1987 Rescue since I had my license. He gave me the list of names, and he stated to me that, "You know, I don't know what you are going to do, but you know, it couldn't possibly mrftn ar:#thing," a about two months later, I was informed that I had to wait for this individual to retire, where I could take his position on the Rescue, but in the meantime, there were still positions on other shifts that were opening up, which I could have gotten, so when I finally got on Rescue, they assigned me to the "B" shift. Now, after the lieutenant's exam in February of 185, I was on that register and on March 1st, my officer I was still a private firefighter my officer stated that he would evaluate me on my skills, so he evaluated me and stated that I had failed, and he wrote about a half a page in anecdotal, that if I didn't pass the exam, his next exam... Mayor Suarez: The anecdotal is like a personnel file? Mr. Sellers: Personnel file. Mayor Suarez: I have no idea why they call it the anecdotal. Mr. Sellers: OK, he wrote in personnel file, that if I didn't pass his test, which he would give me on April 1st, that I would be dismissed from the Rescue Division. At that time I came to work and they evaluated me for four months from April 1st to July llth, until the day I was promoted and nothing was put in my record, but that last entry that this officer had put in, and so when I was promoted, I wanted to go back to the.Rescue Division and I kept putting in letters, communications expeditors, to go back to the Rescue Division and for some reason, I never received an answer from no one. You are supposed to receive a reply, whether it is approved, or disapproved. I never received an answer. They were requesting individuals at that time, because they were hurting. They needed personnel on the Rescue Division, and so I was at the Chief's office at that time and I stated to Chief Rehr, the evaluations that I had gone through and that no entry was ever put in my record of the second evaluation, which lasted for a four month period. I had to take papers around to each rescue , every day I went to work, I had to take evaluation forms around with me, which my officer would fill out on my performance that day and they were compiled at the end of that time period and make an entry in my anecdotal. Even the rescue training officer rode with us a couple of days and evaluated me and after the incident, or the run, he would tell me that I did OK, I did a good job, but when we got back to the station, on that evaluation form, which my officer filled out, filling out the lowest numbers and on the bottom line, saying that I failed. Mayor Suarez: Let me hold you on that point. Don, let me ask you a question. Why does it seem like every time you talk to somebody, this personnel file is so important and all subjective evaluations. Let me ask the head of the union here and see if I can come up with some sensible answer... and yet, on promotions, which supposedly are going to be going, as the union would like us to do, strictly on an objective exam, how is the personnel file going to affect your promotional chances? Let me ask that question. I gather it affects whether you get transferred or not, and so on, according to your... VM Mr. Don Teems: No, sir, the Fire Administration puts more emphasis on the personnel file or anecdotal record. I don't know why they call it that either, by the wayl Mayor Suarez: Great, we agree on something) Mr. Teems: You know, back prior to collective bargaining, OK, when the fire chiefs... Mayor Suarez: Forget that) Now, how does the personnel file affect your chances of promotion if you are telling me that we have this exam? Mr. Teems: It does not at all. Mayor Suarez: So why does everybody care so much about what is in your personnel file? Mr. Teems: If you qualify time and grade, to take promotional exams, you are allowed to sit for that exam. If you pass that exam, you are put on the register and you get promoted off that exam. 184 February 12, 1987 Mayor Suarez: Unless, it affects your chances of being able to stay in the Department and get terminated, and then, I get this feeling... Mr. Sellers: Now you got it. You got it. Mayor Suarez:... that a lot of people seem to have this fear that they are not going to make it in the Department. I wonder why? I mean, people should be... Mr. Teems: The anecdotal record is... it is not a good tool for management, OK? They think it is, all right, it is not, because the anecdotal record is only one person's opinion of somebody's actions, and unless somebody does something with that action, and they try to use it two years later, they have got to prove their case two years later, they can't just say, "It is in there and..." Mayor Suarez: Here is a fellow at Station 4 who is very concerned about all the notations that are put on there. He thinks that he has got a lot of them, and he has got like one a year, or something. You know, I would expect that there would be... Mr. Sellers: I will tell you the reason why. If you were... Mayor Suarez: I would expect that there would be some little problem with every individual or some counseling session every year. I don't see how that would affect in any way the person's survivability in the Department, or promotability, or anything else, but they seem to feel that it does, I don't understand why. Mr. Sellers: Well, if you were at the Civil Service meeting on Tuesday, you would know that they go over your personnel folder, over that record, and when they are making a decision, they base their decision on your record. Mayor Suarez: On termination? Mr. Sellers: On termination, on disciplinary matters, on anything! Mayor Suarez: On disciplinary. Mr. Sellers: On anything, but as Ronald McCray was stating, everything isn't entered, or everyone that commits a disciplinary action, isn't entered into their anecdotal record, and at times, certain supervisors... Mayor Suarez: And the reason I say that, you know, I heard what Giovanni said, and he saying a "misfit", that is the person who is not going to make it in the Department. You have to fit in and I worry that we are not hearing instead - competence, professional ability, and all the other factors that really have to do with whether you function well in the Department; instead, you have to fit in. That shouldn't be the thing that... Mr. Sellers: Oh, you are saying, we should fit in, or... Mayor Suarez: No, no, it is like, you have to be all the same kind of person to be in this Department, instead of being, you know, as different as we all are in the City. Mr. Sellers: And that is the way it is. They evaluated me for four months and when I applied to get back on rescue as an officer, the Rescue Operations Officer stated to me, he disapproved my request, and this was after at least a year. I had went to the E.E.O.C., and I didn't know he disapproved it until a couple of guys came back and told me he saw "disapproved" written on that communication expeditor that was on his desk. I requested..., Mayor Suarez: I think a lot of time is being spent, to tell you the truth, I think a lot of time is being spent on evaluations, you know, that I don't think mean all that much, as far as I can tell. Mr. Sellers: Well, I requested a meeting with him to ask why I wasn't assigned to the Rescue Division, and he told me because of that entry that was in my anecdotal record. 185 February 12, 1987 0 0 Mayor Suarez: Yes, I don't pay much attention to that, if I was concerned. OK, you have given us a pretty lengthy narrative here. Now, are you going to wrap up? Mr. Sellers: Well, I have some more of the things... OK, well, a firefighter at Station 1 when I was promoted came in yelling loudly through the station that he didn't give a damn about minorities that were promoted, and my superior officer, a chief, sat right there and said nothing. I brought that to Chief Rehr's attention, and he stated he had a meeting with his district chief at that time, and the chief that I am talking about, in turn, at that meeting stated to him, there was nothing that he could do about two guys sitting in a corner and having their own personal conversation in the fire place. If my wife, or if your wife walked in there, and he started talking about cocks or whatever, how big they were, as loudly as possible, there was nothing that he could do... there was nothing that he could... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Please, please) Mr. Sellers:... there was nothing that he could do. I also received in the mail, at Station 1, letters... Mayor Suarez: I'll tell you what would happen if my wife walked in there and they did that... Mr. Sellers: Well, there is nothing... Mayor Suarez: ... she would slap somebody! Mr. Sellers: Well, I can't slap... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Please, please, please. It shouldn't happen either way, I mean, that's obviously... Mr. Sellers: Well, it shouldn't happen, but it does and you know, you have a district chief saying he can't do nothing... Mayor Suarez: I didn't mention that if the kinds of incidents as described before are really going on all the time in the Department, you know, it is time that they put an end to them. Mr. Sellers: I received mail in a personal letter, at the station, with items that were supposedly sent to me from the Chief's office and one item in that envelope was a letter from the committee. No one knows who was on the committee, as a matter of fact, it was a problem the next day because the letter was posted on the bulletin board, and I asked Captain Marti, who is the committee, who is on the committee and he said he didn't know. Mayor Suarez: Well, it doesn't take much courage to do something anonymously. We are not doing it that here today. Everybody is coming up front, giving their name and telling us what you think should be done about the Department. Sir? Mr. Sellers: No. Mr. Pedro Jose Gomez: OK, my name is Pedro Jose Gomez, and I am a Latin firefighter, and I am proud to be a Latin f iref ighter, and you know, one of the points first of all that I would like to convey is that until I joined this Department, I never realized that I was a Latin. I thought I was an American, and if this country went to war, I was going to go,to war for this country, that is the first thing I'd like to say. Second 'of all is, just because I don't agree with a certain Commissioner's point of view over affirmative action, I've been a labeled a pseudo -Cuban. Well, you know, I think that is totally wrong, because as far as I am concerned, I am proud to be Cuban... (APPLAUSE) Mayor Suarez: We have heard that viewpoint already, and it's... 186 February 12, 1987 Mr. Gomez: OK, you know, I am proud to be Cuban, but I am also an American and right now I am standing for this country. Now, as far as these allegations have been brought forth against... I am going to come right out and say Station 4 is... our station is Station 4, aad these guys weae nothing but great to me, but I am a Latin. Now, they have been claiming discrimination against Mr. Garcia over there, you know, because, for one reason or the other, I really can't say why. All I can say is that I was a Latin, I was stationed at Station 4, and these guys did nothing but go out of their way to help me during my probationary period. Now, I went out of my way... (APPLAUSE) Mayor Suarez: Wait, wait. Great, we love to hear, but the fact that one individual is not discriminated against doesn't prove or disprove anything about another individual. Go ahead. Mr. Gomez: You are true, Mr. Mayor, but I am just trying to bring a little bit of facts to this meeting, because now everybody thinks that they are discriminating... Mayor Suarez: It is an interesting fact, and we like to hear it, you were not discriminated against. Mr. Gomez:... against everybody just because he is Latin, it is not true, you know. A bunch of Latins went through Station 4... Mayor Suarez: I didn't say anybody, everybody themselves. Mr. Gomez: You are right. A bunch of Latins have gone through Station 4, and we've got nothing but great treatment from these gentlemen, you know, whether we be Black or White. The conclusion that I have come to is, the guys who get discriminated against, whether it be Black, White, Latin, whatever they are - Martians, or whatever, is because they don't do their job, or because they don't fit in, or because they can't do their job. Thank you very much. (APPLAUSE) Mayor Suarez: You blew it. You blew it, you really blew itl Wait a minute, you really blew when you said, "...because they don't fit in," because that is the concern with... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Sir... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: ...that is not an important criteria, "to fit in", and that is my opinion, OK? Mr. Danny Maree: Mr. Mayor. Mayor Suarez: Yes, go ahead. Mr. Maree: Danny Maree. First of all, I'd like to ask one question - who decides who fits in? That is what I'd like to know, first of all, who decides that? UNIDENTIFIED SPEAKER: What is fit in? Mr. Maree: Nobody asked me who fits in. UNIDENTIFIED SPEAKER: What is the definition of fit in? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Maree: Now, the reason I am up here... Mayor Suarez: Please, please, pleasel Everybody has had a chance to speak, OK, it is a rhetorical question, it doesn't have to be answered. Go ahead. Mr. Maree:... the reason I am up here, I can't say that everybody has been discriminated against. If you haven't, great, OK? I appreciate you giving your views, I am going to give mine. This is a personal view, some personal 187 February 12, 1987 facts involved, and it is an emotional situation, and I get emotional about it, OK? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Maree: The day before.... I am on the rescue, by the way, I am a paramedic, I've been a medic four years. I have been told I am one of the best Black paramedics we have. I don't know if that is an insult, or it is something that somebody is grateful for, OK? This is the way I have been told, OK? Nov, the day before I was supposed to get on the rescue, I happened to see the battalion captain that ran that particular shift. I walked over and introduced myself to him and stated that I would be coming on his shift. His first response to me, and I have never seen this guy before, somebody just happened to tell me that this was the man, was to shut my mouth and do my work, because he heard I was militant. At that point I kind of smiled, because if he thinks I am one, he has never met one, that is the first thing. Nov, I won't elaborate on this. I will just go through certain highlights, and you can keep it, I've got copies of it, OK? Now, in 1983, in August, I was a driver at the particular time, we were taking a patient to a particular hospital. In the rear compartment was a lieutenant paramedic and another paramedic of my same level. All right, that time, apparently, I went over some railroad tracks and caused a little shaking in the truck, the guy verbally yelled to the front of the truck, with a patient back there, and a lieutenant, that he would kick my ass if he fell down. I did not respond to that. I was two to three months on the rescue and I didn't want to create a problem. Two or three duty days later, I brought this up to my particular officer at the time, and I stated that I wanted to have a conference, and he said he had no problem with that. I came in the next day and I was hauled down to my battalion captain's office and written up and told I had a bad attitude. Now, I asked, "What did it mean, I have a bad attitude?" He told me, "Don't worry about it, correct it!" Now, that is 1983 - 1984, I am brought down to the same office and I am told by the operations captain and the same battalion captain that, first of all, nobody wanted to ride with me, I am such a bad guy, I gather and I am hearing this. I don't know why, I haven't had a problem to that date with anybody, but I am told nobody wants to ride with me, everybody has left the particular Station I work at because of me. This is lieutenant and captain! Now, logically, I have to look at that, if this guy is a lieutenant and I got him leaving the station?... that is B. S.! All he had to do is make one call to that same operations office, and I will be removed, so I find no merit in that. That is 184. Mayor Suarez: What do you mean, removed? Mr. Maree: What that means is... let's say a rescue is a little more closely knit. You work a lot closer together, lives depend on us, so on and so forth. If you are having a problem with a guy, and this has been my experience from view, and what has happened to a lot of guys, that if the officer doesn't want you, you won't be riding there again, and it is just that easy. You don't... Mayor Suarez: Removed, you mean, changed to a different unit, or whatever? Mr. Maree: Removed out of that station into another station on swing, or whatever have you. 1986, in July, I was brought down to the same office again by the rescue operations officer. My captain sat there in total surprise, because he had no prior indication of this, and I was told that I was a problem at a particular hospital. I asked the operations officer at that time, "Could I inquire for what it is I had done there?" He told me he would rather I didn't. Well, I'd happened to have had a couple of runs there, and I asked a couple of the nurses, and they told me that their problem with us, with me, was not a problem with myself, it was a problem with the City, and to quote her, she said, "We don't like the City, and the City doesn't like us. We don't like the indigent patients you bring us, we don't like the fact that you don't give reports." At that time, I cheerfully explained to her, "I am not a lieutenant, I do not give reports." She was surprised to that. Mayor Suarez: This is the lady where, at the...? Mr. Maree: Her name is Sandy Hammer, she is an R.N. nurse at North Shore Hospital. Mayor Suarez: At...? 188 February 12, 1987 Mr. Maree: North Shore Hospital. Mayor Suarez: None of this testimony has anything to do with the Department per se, this has to do with whatever people's attitudes may be towards the City of Miami, or whatever, you know, whether we bring indigents, or not, but it doesn't have anything to do with... Mr. Maree: Well, my point about this, is this, OK? - he told me I was a problem at North Shore. He removed me from my rescue and put on swing. He threatened to send me down to Station S. Mayor Suarez: Who was this? Mr. Maree: This is my rescue operations officer. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Wait, wait, please! Mr. Maree: Now, why he said I will move you down to 8 as a threat, I couldn't figure out until I heard later this is supposed to be a par -racial station. That is not my concern. I told my captain over the past three of four years that this stuff has been going on, that I would work with anybody. I don't have a problem with people. He said, "Well, they have a problem with you." I said, "Well, that is not my problem." He told me it is and to correct it. So, over these three years, I've never been told what it is I've done. In conclusion to that... Mayor Suarez: Thank you for your conclusion, please. Mr. Maree: No, I have one... in conclusion to that, as far as this anecdotal thing comes up, if you read the top of that thing, it simply says, "An assessment of performance below/above standards." Every entrance I have in there in regards to standards is above board, or either excellent, OK? I have things instituted in there that talk about attitude and all this other stuff that has never been explained, OK, and that is my problem with it right there. The only thing I can say about that is this - if I was having a problem like that, how come I have never been written up by a lieutenant, or even said anything to it in regards to lieutenant? How can an officer, that I never ride with, or one that I have only ridden with one or two times in three or four years, assess my character in a fair and just manner? He can't do that, he is not a psychologist, psychiatrist, anything to the sort. Mayor Suarez: I don't even know that it makes any difference if somebody puts something about your attitude. Mr. Maree: Well, it makes me a difference, because I sit in front of a chief, and I asked him, I said, "If you read my folder, what view of me would you get?" He said, "I would think you were a pretty bad guy," and that means something to me, and that is my problem with it, and if that is not harassment, then it needs to be well defined. Mayor Suarez: Thank you, sir. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Please! Yes. Mr. A. J. Hunter: My name is A. J. Hunter, I work at Station 9 in the City of Miami. In 1983, I applied with the City for firefighter. I took the test. I was 18th on the list. The City hired a class of 22 people. To my surprise, I wasn't even called. They hired another class, of 24 people. Another surprise to me, I wasn't called. They finally hired a third class, and I finally did make it on the job, but they hired... I made a 96, they hired people before me who made 82's on this test. Now, you advertise that you are equal employment opportunity employers. That is hardly equal, in my opinion. Whether is the basis... (APPLAUSE) What happened to my fourteenth amendment rights to equal protection under the law, that is what I am here to find out tonight. You know, I called E.E.O.C. I was told they couldn't help me. I went to Senator Paula Hawkins, she wrote a letter to the chief. The chief wrote a letter back saying he couldn't help me. We get a whole Commission meeting because some minorities complain that they are being discriminated against. We have been complaining for five or six years now. 189 February 12, 1987 Mayor Suarez: All you had to do is ask for a hearing. Mr. Hunter: I'd like a hearing, I'd like another hearing, other than this! (APPLAUSE) I would. Mayor Suarez: Maybe you people didn't know that all you had to do is ask for a hearing, I don't know. Mr. Hunter: I didn't know that and I haven't been involved in any of these Civil Service Board meetings either, I've never heard of them. Now, I am banging my head against the wall, and that is the way I feel, that is the impression I get, from the City officials, is I am an Anglo, I have no rights here, and I don't appreciate it. I think in America everyone should be treated equally and I am not being treated equally, and I think it should be addressed and I would like a City Commission meeting. Thank you. Mr. Seth Edge: My name is Seth Edge, I am a fireman. I am not real versed in this public speaking, so I am just going to wing it, and bear with me. Mayor Suarez: It is OK, we haven't had any great ones so far. Mr. Edge% OK, there is no doubt in my mind that there has been discrimination on this job, I mean there is no doubt in my mind that some of these allegations are true, but there is not a firefighter in this room who hasn't been discriminated against, because of either age, the length of his hair, or the color car he drives. I mean, everybody has been discriminated against in one way or another. this whole issue kind of hits home with me, I am new on the job, been on two and one-half years and under the current procedures for promoting now... Mayor Suarez: Let me ask you a question. You said, age, length of your hair, and the kind of car you drive. You think the racial ones are a little bit more frequent than those others? Mr. Edge: Well, from what I can tell... from what I can tell, the racial discrimination, OK... sure, you have your ethnic jokes and your ethnic slurs, but I get them too, but the thing is, I am not generalizing Blacks, or Latins, or anyone, but there are... a minority on the job... not singular, but there are people on the job, who, when discriminated against, or something doesn't go their way, or disciplined for performance reasons or just because they don't fit in, and fitting in does matter on the Fire Department, the first thing they do, is scream "discrimination", when it is not racial discrimination, it is discrimination against them not performing, or discrimination against their person, and the first thing they do, is scream discrimination, when actually it is not against their race, it is against them as an individual. Mayor Suarez: The first thing who does? Mr. Edge: I am sorry? Mayor Suarez: The first thing who does? Mr. Edge: Some... just people on the job, who, if they don't get what they want, they scream discrimination because of their color or ethnic background and maybe they didn't get what they wanted, but it has nothing to do with their color, it is because the person they are. Mayor Suarez: When you say they scream discrimination, do they go and file a proceeding with E.E.O.C., or Affirmative Action, or City of Miami, or...? Mr. Edge: Here! I mean, I have heard things tonight... c Mayor Suarez: Well, but this is the first time we have had this kind of a hearing, I don't... Mr. Edge: I have heard things tonight, that are... things have happened to me much worse, and you know, you don't hear about it, I mean you don't hear about the things that go on in the stations. The stuff you heard tonight is not directed just at Blacks, or just at Latins. I mean, everyone gets it, whether... it doesn't matter as to your ethnic descent. Under the current 190 February 12, 1987 promotional procedures here with the City of Miami, a guy like me doesn't stand touch of a chance of making, you know, being a career officer, or anything, and there is this big mystery about having a fair test, or coming up with a fair promoting procedure. I mean, right now the way it stands is, the test is announced, there is a list of books that you study. OK, everyone knows ahead of time what is going to be on the test. Mayor Suarez: Just remind you what the old system was, the chief would promote whoever he wanted. Mr. Edge: OK, that is the old system. Mayor Suarez: Any system began that way, it was totally subjective. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Edges But now... Mayor Suarez: I am just tell you, way, way, way back! It was totally subjective. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: I am saying, way, way, way back, it was totally subjective. We began to build in through Civil Service all kinds of objective criteria, is what I am telling you. Go ahead. Mr. Edge: OK, I mean, maybe I am wrong, but it seems to me that a fair test would be giving out this list of books, everyone knows what is going to be on the test, you give the test, and you go down the line, I mean, that's fair! And everyone... the big mystery is, what I mean, you can't figure out a fair way to promote, what is not fair about going straight down the list. Mayor Suarez: How well you do in a written exam is going to predict in all cases how good a firefighter you are going to be, or good a staff... Mr. Edge: No, no, but if a guy scores a 75 on a test, I don't think he should be given the same consideration as a guy that scores a 96. I am sure you have to have... Mayor Suarez: You are assuming that that is the correct way to evaluate whether a person is going to be a good lieutenant, captain, etc. Mr. Edge: No, it is not. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: I don't know, it is the one we have got. Mr. Edge: But, a person that scores high on the test is more likely to be conducive to being a better officer, I think. Mayor Suarez: That is one factor. Mr. Edge: OK, now I just think that is the fair way to do it, and that is all I've got to say. Mayor Suarez: OK, thank you for your testimony. Mr. Rick Sanda: My name is Rick Sande, I was born and raised here in Miami, but of Hispanic descent. I need to directly address the Commission on the underlying problem of what we are seeing here. We are seeing the frustrations and repercussions of frustrations that these people have• on promotional practices, which we do not agree on. I'd like to stress one thing, a City divided against itself will not prevail. We are going to fall if we keep doing what we are doing. If we don't directly address the problems and correct them before... you just keep tabling them and tabling them, before we do something about them. I am directly, I am personally insulted by these promotional practices, because I am made to feel that I cannot compete against my fellow Anglos or the ones that are being discriminated... you know, reversely discriminated against, because I feel that I need those extra points, that extra help, 191 February 12, 1987 and I know I could compete against any of them, and I am sure that there are a lot of other Hispanics here and many Blacks that feel the same way. We all take the same tests, we all earn the respect that we have, because we respect, and we expect the same in return. Our promotional practices need to be revised. (APPLAUSE) I don't know if one person has the answer, or between many of us, we can compose a more agreeable promotional plan that we can follow, where everyone is... every individual is treated as an individual and not as a group. When we come up here, we don't come representing anybody else. We come speaking our own piece, and that is what I am doing. OK, that's all I have to say. Mayor Suarez: Thank you for your statement. Mr. Howard Davis: My name is Howard Davis, I am a past firefighter of the City of Miami Fire Department. I left the Fire Department about six months ago to start my own business, but the problem in the Fire Department, it starts with the Chiefs office, and then it flows down to the individual firefighter. While I was in the Fire Department, I had a very good record. I was evaluated as a good firefighter for eight years and during my eight year, I got suspended for, I think not reporting to an assignment of some kind, I don't recall it quite clearly, but in that case, the officers lied. A few months later, I was suspended again for a similar incident. In that case, the officers lied. I am not doing so well in business, and when I left the Fire Department, I think the Fire Department celebrated just as they did just now, and what I am going to do is re -apply to the Fire Department. While I was pulling a permit the other day, I passed Chief Duke and Captain Deaquinos, and I spoke to him and he wouldn't speak back, so what I want to do is re -apply, because I think I can be of service to the Fire Department. I want to make a lot of you unhappy by re -applying, and I hope I get the job. Thank you. Mayor Suarez: Thank you for your statement. Mr. Joe Gonzalez: My name is Joe Gonzalez, I am at Station 4-B, and I am a 12 year veteran of the Fire Department. When I came on, some of the basics that you were expected to comply with were showing up to work on time, when the bell rang, getting on the truck and when you get to the alarm, give it a minimum of 100 percent, and many of the individuals today that are on the Fire Department, that have been coming on since I've come on, they don't want to adhere to that, and yes, they look down upon, and they are not held in high regard when they won't meet those basics and that is what I think what we are seeing here on the Fire Department today, is people that want to drag the standards down and don't even want to do the basics, and yes, they are looked down upon... Mayor Suarez: Joe, if that were the case, why do we hear so much about the attitude reports in the files? That has nothing to do with standards, that has to do with some persons subjective evaluation of what your attitude is, how you look, how you smile back, or don't smile back. Can you explain that to me? Mr. Gonzalez: I don't disagree with that, I don't disagree with that, but what I'm saying is that the standards of the basics, and I am talking about attendance, and I am talking about performance at fires, things like that, those things are no longer held in high regard. It's just the core of the Fire Department that continues to hold that, those things as very valuable, and they do look down upon individuals that don't meet up to those standards. INAUDIBLE BACKGROUND COMMENT NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: If you are talking about fitting in, to me that is the wrong issue. Mr. Don Teems: Mr. Mayor, can I... Mayor Suarez: Don. That is different, that is professional competence and performance. Mr. Teems: Can I close this off? Mayor Suarez: That it would be helpful if somebody closed it somehow. 192 February 12, 1987 • Mr. Teemss Good. My name is Don Teems, I am president of the Miami Association of Firefighters, and you know, 1 represent all these people. I -anr:• `-r them, OK, and they can be Black, and they can be Latin and they can be Anglo, they can be women, it doesn't matter, it really doesn't matter. Mayor Suarez: Well, just so you are mindful that on the crucial issue, one of the most crucial issues, you are representing one... Mr. Teemss Let me finish, can I finish? Mayor Suarez: Yes. Mr. Teems: Right, two of the incidents that you have heard here today are not true. One, Mr. Collier made the statement that the union wouldn't represent him. We happen to have a hearing date before the Civil Service Board, furnished him with an attorney, it is scheduled to go to hearing. The union did that. He said we didn't. Mr. McCray said the union wouldn't represent him. He asked for representation. After his first Civil Service hearing, we set up a meeting with Joe Kaplan, our attorney, he didn't show up. That's the truth, that is the absolute truth. Now, what the charge was from Mr. McCray... now listen to this. Understand now, I am speaking as a firefighter, OV ... 23 years in the Fire Service. Two things you don't do as a firefighter, and your life, and the citizen's life depend on this, you understand this. We are not talking about typing letters, we are not talking about not getting to work on time, so the memo didn't get out. Two things you don't do in the Fire Service, is you don't miss the runs, and you don't be late. (APPLAUSE) Mayor Suarez: Please, please. Mr. Teems: Now, that... and it... Mayor Suarez: You know, the system would be helped enormously if you would limit those entries into the personnel file to those two things. Mr. Teems: I don't do those entrants, you know, that is the Fire Chief, you are going to have to talk to him about those, OK? Believe, all right, now Mr. McCray's incident, from what I heard of it at the Civil Service Board, because he didn't come to the attorney, but I what I heard of it, he was disciplined 24 hours for missing his third run. I've never heard of that! I'm the union president. I have never heard of somebody missing three runs and getting 24 hours suspension and never got anything else before that. I have never heard of that! I mean, that is the worse... you know, people's lives depend on you being there. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Please! Mr. Teems: Now, you know, but I am not saying... that is besides the point. We still said we would represent Mr. McCray, because we have an obligation to. That is what we do, that is what the union does. Now, it wasn't a Black issue, it wasn't an Anglo issue, it wasn't a Latin issue, it was a firefighter issue and a life and death issue, and that is what we are talking about, that is what these people out here are talking about. You know, I am not here to tell you that there is no discrimination in the Fire Service. I am here to tell you, that if there is any, and they bring it to me, I'm going to investigate it and I am going to see if it is right or if it is wrong. None of these things have been brought to me. Now, I think you people up here know me well enough to know that. I'm not a racist, I'm not a bigot, and I don't care if you call me one, because I know what I am. Now, let me get into just what the problem is, OK, what the union's position is, not the individuals, the union's position, collectively, what the problem is - first some history, and I think you have got it before you and I am going to read it into the record. Miami Association of Fire Fighters, this union sponsored the first Affirmative Action program this City ever had. I was part of that, and I am proud to be part of it. A lot of these people in here were here long enough to be part of that. We got Federal grants at no cost to the City twice to set up affirmative action programs in the Black and the Latin community, because we looked around one day and we saw, no, not very many Latins, and no Blacks. Willy Waters was the first Black ever hired on the Miami Fire Department, six months after I came on the job. That's wrong, we knew that, so that's what we 193 February 12, 1987 did. The Justice Department came down and said, "City, you have been discriminating and we are going to set up the Consent Decree and you are going to egree with it, aren't you?" We were involved in it. The Fire Fighter's union was involved in it. We helped set it up. We eventually signed it. Our affirmative action program is written into your Consent Decree as a model to uphold. Those are facts, not innuendos, not somebody maybe could, or would, or should, or somebody did something over here, or back over here, that is the fact. After the Consent Decree that this union signed as a body, agreed with, the City of Miami Administration came up with an article called a Memo of Understanding. You know what that was? That was their interpretation of what the Consent Decree said. We didn't agree with it. We didn't agree with it then, we don't agree with it now. That is what H.R.D. has used for the last eight years to say that they are following the Consent Decree, is their Memo of Understanding - never, never been approved by the Federal court! Now, that is a fact. Mayor Suarez: And you fought it in the courts for eight years. Mr. Teems: Mayor, you don't understand what I am saying. I am saying it was the Administration's interpretation. The Consent Decree was filed in Federal court and approved by a Federal judge. This Memo of Understanding never was. Mayor Suarez: And I am saying you fought that system and you fought that system, and you are still fighting it in the courts. Mr. Teems: So, it is not a valid article. Now, OK, we don't agree with it then, we don't agree with it now. We agree with the Consent Decree, because the Consent Decree is an affirmative action program that tried to upgrade the membership in the Miami Fire Department to reflect the population of this City and we agreed with that. We do not agree with quotas. That is what the Memo of Understanding says. We believe that the City of Miami is responsible for this, we think you are, not you, you know, you particularly, but we think you, the City are, because you gave us this Memo of Understanding. You set standards that are different for one firefighter and another, and I don't care if it is 1954, and we are standing out there and saying, Blacks are not being represented, and can't get a job, or can't be promoted, or whether we are 1987, and saying Anglos can't get a job and can't be promoted, that's discrimination, and that is what we are saying you caused - you people caused it, and we are asking you to right it, we are asking you to stop. You know, I've talked to you all, you all know me, you know I said this for a long time now, it is coming, and what you see here is, you see a bunch of people saying... and they are Anglos, and they are Latins, and there are some Blacks, and there is women, OK, and they are all saying, "Stop, treat us equally." You don't have to treat us unfairly, treat us equally. Now, there is a way to do that. We agree with you that there is discrimination in the Fire Department, and it is against Anglo male, and I can show you - we have had 33 Anglo males who have not been promoted in the Miami Fire Department since 1983 because of one reason, they are an Anglo male, and that's the truth. (APPLAUSE) That is a fact. Now, you know, I talked with the Manager about sitting down in negotiations and trying to work out an affirmative action program that doesn't discriminate against anybody. He has agreed to do that, you know, he has agreed to do that, and I think that is the way to go, but I am asking you two things. Don't hire and don't promote until we do it, or we are going to cause more disparity. These guys aren't at faultl These guys aren't at faultl The system is at fault and we have got to change the system. Discrimination is discrimination is discrimination!!! You know, I can't say it any plainer than that, and I will tell you what, I will make an offer to you. I agree with you we have got discrimination in the Fire Department. Why don't we call the Justice Department down here, the same people who said we had to have this - we don't we call them down here and ask to investigate it and see what they sayl (APPLAUSE) Mr. Dawkins: All right, I will make them... Mayor Suarez: Please, please! Mr. Dawkins: Mr. Mayor, I would like to pass a resolution requesting that the U.S. Department of Justice, through its appropriate division, to undertake an investigation of alleged discrimination in the Miami Department of Fire Rescue and Inspection Services, determine whether there has been a violation of the civil rights of any employee in the said department. (APPLAUSE) 194 February 12, 1987 • • Mayor Suarez: Please. Mr. Plununpr' Fvr.use +no, ie *hat a motion? Mr. Dawkins: That is a motion, yes. Mr. Plummer: If that is a motion, I second it. Mayor Suarez: Moved and seconded. Any discussion on the motion? Mrs. Kennedy: Let me just say that, and Don, I think that I have always been a friend of the Fire Department, but obviously we have a very serious problem here. The mere fact that a public hearing has been called and so many of you have testified indicates that problem, and there is no way that the Department can function with a cloud of allegations and misconceptions, and ultimately, the ones who will suffer are the citizens of the City. I think that something has to be worked out. Mr. Teems: I agree. We all agree. Ms. Nora Hernandez: I'd like to say that I am the City, and frankly, the only thing I am going to take responsibility for, I am going to tell you, is allowing poor management. My name is Nora Hernandez Morrell, I was born and raised in this City, I live and work in this City, I vote in this City, and I am the co-chair of the City of Miami Affirmative Action Board. We have studied many of the documents and statistics and data that has been presented before us. Frankly, I am very tired of hearing that discrimination is OK for one group because it is happening to another group and I think it clouds the issue and sets up a real bad smoke screen. I agree with you, discrimination is probably rampant in a lot of ways that haven't even been discussed here tonight, but the fact is, there are two separate issues that keep getting mixed together. One, is the whole promotional process, which needs a very thorough investigation, but another one is, the fact that people are being mistreated, harassed, intimidated, etc., and that can be dealt with immediately. That doesn't need any further investigation. I think we all know it is existing and we continue to allow it and I would like to say that the anecdotal records do weigh more heavily than any of these gentlemen are willing to admit to. They are looked at, they are most subjective, and they are paid attention to when people are determined as to whether they are going to swing, how long they are going to swing, what station they are going to go to, and whether or not they are going to be promoted, or what division to go to. They are extremely subjective. Mr. Teems: Ms. Chairman, we would be glad to accept the bid system from you to keep that from happening from now on. You see what she is saying is, the Fire Chief has the right to move people around as he sees fit, and that is true, he does have the right. Ms. Morrell: And we go back to that word, "fit" again. Mayor Suarez: Oh, no we established that. I don't think anybody disagreed that the personnel file is used a lot for transfers and so on and... Mr. Teems: Yes, I agree with that, but as far as the discipline, it... Mayor Suarez: Whether the notations have anything to do with attitude and all of that, should be paid much attention to, I can't... I certainly don't think they should be. Mr. Dawkins: I call the question on my resolution. Mayor Suarez: We have a motion on the floor, that we have a request to call a roll on it. Let's call the roll. Mr. Osvaldo Soto: Mr. Mayor, could we be heard before the... Mayor Suarez: Do you have anything to say, Counselor, on the motion? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: On the motion. 195 February 12, 1987 0 Mayor Suarez: On the motion to have the Justice Department come down... Mr. Soto: Veil, what!sver. . Mr. Carollo: Excuse me, Osvaldo, do you represent any of the different groups that are here today, any of the different individuals? Mr. Soto: I am the chairman of S.A.L.A.D. Mr. Carollo: I realize that, but do you represent any of the individual firefighters here today? Mr. Soto: No, I represent a large portion of the City of Miami, which are Hispanic. Mr. Carollo: That's fine, you know, so do I, and so does, you know, 450,000 other people... Mr. Soto: Yes, but I would like to express.... Mr. Carollo: What I am trying to get here today is, this is only people that are involved with the Fire Department, or the process of hiring or firing, the City of Miami to get involved. The minute we start getting outsiders from outside of the City and from this Department, which is only going to mess up the waters even more than they are already, so I asked the Chair, and this Commission... (APPLAUSE) ... if we just limit it to only the individuals that are in the Fire Department, and/or City employees or members of boards that have something to do with this, not outsiders. Mayor Suarez: On the motion, I certainly can. I am not sure that I can as to public hearing as a whole, Commissioner, but, we have a motion, let's get it decided. (THEREUPON, THE CITY CLERK BEGAN ROLL CALL) MOTION NO. 87-187 THE FOREGOING MOTION DULY MADE BY COMMISSIONER DAWKINS AND SECONDED BY COMMISSIONER PLUMMER TO REQUEST THE JUSTICE DEPARTMENT TO INVESTIGATE CHARGES OF ALLEGED DISCRIMINATION IN THE FIRE, RESCUE & INSPECTION SERVICES DEPARTMENT PASSED BY THE FOLLOWING VOTE: AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: Commissioner Joe Carollo ABSENT: None (NOTE: THIS MOTION WAS LATER RESCINDED - SEE MOTION NO. 87-188.) CONTINUED DISCUSSION DURING ROLL CALL: Mr. Dawkins: Yes, and I'd like to instruct the City Attorney to put that in the form of a regular resolution so that we can get it back here and pass it. Mr. Carollo: Miller, we are in the middle of a roll call, and. I have some very mixed feelings in going along with this, let me tell you why - the first thing that is going to happen is, that this is going to make national news, another black eye from Miami, and what concerns me is, that if we can't even straighten out our own house without bringing a bunch of pointy -head bureaucrats from Washington to come here and tell us how to do it, you know, we are in worse shape off than we ever realized. I think that by hearing the different people that I have here today that, you know, there is three sides to the issue. Some of the people that feel they are discriminated might not necessarily be all right in everything they said, some of you that say that everything is fine and dandy in the Department, I don't think are necessarily all right in what you are saying; then there is the middle ground, that is 196 February 12, 1987 somewhere between both sides, both extremes. I'm very much against, and I hope that we could find another solution without having to go through that route of going and inviting the Justice Department to come here again and create a solution that at the end, all of you are going to lose out in the end. It might have one group that thinks, "Well, I am going through hell there. That is the only way it is going to change. " Well, I think we could work out the problems in house without inviting outsiders to come in, and whatever problems some of you feel, I think that we could investigate it much more thoroughly and fairly from the inside, and I am not saying necessarily City of Miami, but I am saying from within home here, than going and asking people from Washington to come down and then spend months and months of this, and at the end, the only thing we are going to get is more bad publicity for the City of Miami. If this is what you people want... now, I ask both sides. Mr. Harold Culmer: May I respond to your question? Mr. Carollo: Who are you, sir? Mr. Culmer: My name is Harold Culmer, and I represent the Professional Firefighters... Mayor Suarez: You are going to argue for the motion, right? Mr. Culmer: I am against the motion. Mayor Suarez: But you are going to argue on the motion. Mr. Culmer: That's correct. There are 75... Mayor Suarez: As attorney for... Mr. Plummer: Excuse me, Mr. Mayor, are we not in the middle of a roll call? Mr. Dawkins: We arel Mr. Culmer: I was responding to the question put to the floor. Mr. Carollo: Well, if we could go back to point one, if I may ask the Chair, for discussion. Mayor Suarez: Yes, we started the roll call, but we will hear you out on that issue. Mr. Culmer: I'd like to speak specifically to the issue of calling in the Justice Department. Originally I hadn't planned to say anything, I just wanted to stand and listen because nobody likes to feel like a Christian among a lot of lions. However, with regards to the issue, the single issue of bringing the Justice Department down here, I think it needs to be indicated to this group in case you are not specifically aware, that the current Justice Department administration, particularly Mr. Bradford Reynolds, has announced a political and administrative policy, which bears directly on the vote you are about to take. That policy says in essence, to target 26 municipalities and governmental agencies around the United States among 100, and while targeting those 26, to zero in on them, and to dismantle and to take apart those affirmative action programs, where they have been voluntarily agreed to because, as a matter of political exigence, or because it is a matter of opinions that it is no longer necessary to have affirmative action around the United States. Now, if you are going to say, "Have these people come down and investigate the problem," the problem is with that is that we are going to get the kind of investigation that Commissioner Carollo probably thinks could best be left to our own devices here. The last thing I will say about the motion... I've got a few other things to say, but in the present Consent Decree arguments, which are being had now, are being considered now, the Justice Department, in the City of Miami case has already made known its position, so no investigation is necessary. It has taken a public position that is not necessary for the Consent Decree to continue and the affirmative action guidelines and implementation that follow under it, so we don't need an investigation of the Justice Department, they have already made their position known publicly. That is all I have to say motion. I would like an opportunity to say a few other words. Mr. Soto: Mr. Mayor, after the motion, I would like to express my views. 197 February 12, 1987 Mr. Carollo: Again, I... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Counselor, wait. Wait, we are going to complete... Mr. Soto: After the... Mayor Suarez: No, we are going to complete the roll call, counselor, because we let him speak in deference to the fact that he represents firefighters and then you can have your say, this is a public hearing, you will get your say. (THEREUPON, THE CITY CLERK CONTINUED ROLL CALL) Mr. Carollo: I vote no. Mr. Plummer: They have all asked for it, they all seem to be in accord and I think we should do it. I vote yes. (APPLAUSE) Mrs. Kennedy: Yes. Mayor Suarez: I am going to vote yes, I feel that as to individual cases of discrimination, it might be interesting to have complete investigations with subpoena powers and some other instruments that we have not exercised here, although we have them, if we chose to exercise them. On the collective issue, I agree with you, counselor. That would be certainly counter to affirmative action goals of the City of Miami, but we don't have a solution to that particular problem in house yet, so I don't suspect the Justice Department is going to come up with one for us. Mr. Dawkins: Well, Mr. Mayor, we up here, as much as some people may not believe, we are not interested in discriminating against anybody, and if we find that there is discrimination, we want it stopped, and I feel the only way to get it stopped, is to have an outside agency, because we hear about some of us saying there is discrimination, we hear some of us saying it is not, and true, I don't believe that we can come up with an objective in house evaluation. Now, I know that the Reagan Administration gives less than a damn about affirmative action. I'm aware of that, and I know that anybody he sends down here may share his views, but somewhere along the lines, we have got to have a forum where somebody can come in and make an investigation and it is just like going to court, attorney Culmer - you don't know how the jury is going to rule, so we have to take that chance, I think, sir. Mayor Suarez: OK. Mr. Plummer: Mr. Mayor. Mayor Suarez: Yes, Commissioner. Mr. Plummer: I think we have heard from both sides. Can we hear from the Chief? Mayor Suarez: Chief. Mr. Dawkins: Well you promised him. Mayor Suarez: And we are going to hear from you, counselor. Chief Colonel Duke: Colonel Duke, Fire Chief, City of Miami. Mr. Mayor, Commissioners, Mr. Manager, I have prepared a speech and possibly offering a solution, or not a solution, but at least a recommendation at the'end of that, but you have already decided on a route to take. Maybe •in the interim, this... Mr. Plummer: No, that doesn't mean we can't change our mind if we think what you are going to say is worthwhile, so let's listen to it. Chief Duke: All right. The Miami Fire Department was created in 1899. The Department is 88 years old this year. For the first 68 years, the Department was for all practical purposes, an all Anglo, male department. The exception to this was a small number of Hispanic males. In the 60's, the Department had 198 February 12, 1987 an increase in Hispanics, and its first Black firefighter. In the 170's, the City was enjoined in a lawsuit with the United State of America that ended with the document known as the Consent Decree that we have been discussing here. This Consent Decree is still in effect in the City today. During the 170's, the Fire Department made a concerted effort to hire minorities, Black, Hispanic and women. During this period, I know of at least two attempts to provide sensitivity training for members of the Department. Both were considered too expensive because of budget constraints during that time period. I personally worked on a team that went to the University of Miami and Dade North to recruit minorities for the Department. At about that same time, another group of firefighters were instructing minorities in the skills necessary to take the entrance exams. Eight years ago, the Fire Chief directed me to work up an entrance physical fitness exam for females that would reflect the needs of the job. This was accomplished, we now have 17 females on the Department. In 1983, the timing grade was reduced to allow more minorities to compete for promotional exams. In 1984, the numerical ratings of candidates for promotion was not used to select officers for the first time in this Department. This set up the hue and cry that you have heard here today. In order to attempt to deal with problems associated with the situation of a wide mix of ethnic backgrounds and both sexes being together in a fire station for 24 hours at a time, the Department and the City tried some of the following - in 185, a multi -cultural awareness class for many officers and Department members was taught by Dr. Daniels. In 185, the Department put an official notice to all personnel, outlining the requirements of the Federal Title 7 guidelines regarding racial slurs. In 186, the Department participated in a program of women in the Fire Service where women could see first hand the requirements associated with the job of a firefighter. Just this past year, the Fire Chief had requested $100,000 for sensitivity training that was considered very high for the tight budget that we were going through, and subsequently eliminated. This year, January 20, 1987, the Title 7 guidelines were again required training for all personnel in the Department. I am not in a position to tell you that there are no problems on the Department related to discrimination. There are 741 City employees in the Fire Department - the breakdown, 410 Anglo males, 80 Black males, 187 Hispanic males, 31 Anglo females, 14 Hispanic females, 1 Black female two employees counted as "others". This Department has taken the position that it provides for the right of any employee to send forward any wrongs, whether real, or imagined. The Department has had a history of investigating allegations and resolving most of them in house. Those that can't be follow with different courses, the grievance procedure, arbitration, E.E.O.C., unfair labor practices, Civil Service, the Affirmative Action Advisory Board, when a resolution is determined out of house, the Department abides by these decisions. The Fire Department rules and regs provide for direction and protection. Department shift manuals provide for correct procedures. Reasonable guidelines are in place for the newest employee to the employee with the most seniority. I personally do not feel there is institutional racism in the City of Miami Fire Department. There are individuals that feel they personally have been discriminated against. These can be handled on an individual case basis through the established procedures. My suggestion, as opposed to the one that has been proffered, is I suggested a committee from the Dade County Fire Chiefs Officer's Association be requested to review the claims of discrimination in the Miami Fire Department. The Dade County Fire Chiefs Officers, if you are not familiar with them, are made up of all the departments in the County. I further suggest that the committee be made up of both sexes and a balance of Anglo, Black and Hispanic officers. I suggest that no City employees, and I emphasize no City employee be on this committee and that the committee chairman respond directly to the City Manager for their findings and recommendations. If institutional widespread racism exists in the Department, I as Fire Chief will do all I can to eliminate it. Where individual cases are brought forward, I will do all I can to resolve them. Thank you. (APPLAUSE) Mayor Suarez: Thank you for your statement. Mr. Dawkins: Don't leave, Chief. Chief Dukes, don't leave. Mr. Plummer: Mr. Mayor, may I interrupt for a minute? Mr. Dawkins: Chief, if you feel strongly that you have got a handle on this and that you can work toward the solution, as the Chief, I feel that all of us owe you that respect to give you that chance, so with that in mind, I withdraw my motion. 199 February 12, 1987 INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: The Commissioner has a right to withdraw his motion. Actually, it is a motion to reconsider. I will second the motion to reconsider. Mr. Carollo: You are saying to get the Justice Department in? OK. Mr. Plummer: There is a motion on the floor to reconsider. Is that...? Mr. Carollo: Chief, I've got one question for you. How many American Indians do we have in the Department? CHIEF DUKE: One, Andy Sixtiller, I think. Mr. Carollo: Ahal Onel INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Teems: He doesn't count. Mr. Plummer: Is there a motion on the floor? Mr. Carollo: Well, I think Commissioner Dawkins made a motion to reconsider the previous motion that was made. Mr. Dawkins: And the Mayor seconded it. Mayor Suarez: I seconded it. Mr. Plummer: There is a motion to reconsider the previous motion. UNIDENTIFIED SPEAKER: Nol Mayor Suarez: Please. Mr. Plummer: Any discussion by Commissioners? I will vote against the motion and I will do it for this reason. Chief, I think you have come up with a good idea and I don't see why both of them can't go hand in hand... (APPLAUSE) INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD Mr. Plummer: ... so I will be voting against the motion. Don, we are in discussion by the Commission. If any one Commissioner wants to call on you to make a statement, they can. Mr. Teems: That is OK. Mr. Dawkins: You know, I have to agree with Commissioner Carollo that somewhere along the lines, we have to bite the bullet, and we have to make some decisions as to how we are going to clean this up and I, for one, I would love to have the officers from Civil Rights come in, because they may find what I am looking for, but then, if I am going to pay you to run the Fire Department and you just got there, it is unfair not to give you that chance. Now, as Joe said, we are going to have a lot of people in here, and as attorney Culmer said, their objectives may not be the same as ours. Mr. Carollo: You know what their only objective is going to be, Miller? Mr. Dawkins: They may not give a damn about the City of Miami. Mr. Carollo: Their only objective is going to be not to give a damn about you guys, or you guys, or you guys. Their objective is going to be for them to look good and for them to move up in their careers, and not give a damn about the City of Miami. Mr. Dawkins: OK, so I would have to... Mr. Plummer: The motion is for reconsideration. Is there any further discussion on reconsideration? Anybody have any objections if Don speaks? I will call on him to speak. 200 February 12, 1987 Mr. Teems: Mr. Chairman, thank you, Mr. Plummer. I have a problem with it, unless I get a commitment out of you people, OK? Believe me, we have been fighting this issue for seven years now. Mrs. Kennedy: I'm sorry, Don, unless you get a commitment from whom? Mr. Teems: From you. From you, the people who can give it to me, OK? Nobody else can do it, you can do it. You are the leaders of this City We have been fighting this issue for seven years. Without this... I have no confidence in the Dade County Fire Chiefs, I know what they do. You know, I don't have any confidence in them and 1 don't think any of these firefighters do, no matter what race, or color or creed they are. I think what you are going to... the Fire Chief does not have the right to hire or fire as he so chooses, no matter what you think. H.R.D. tells him the numbers that he has to pick, and he picks them. H.R.D. refers the numbers to him and he picks them. He doesn't pick them. You know that, come onl You know, or maybe you don't. You know, because maybe it is my fault. I never stood up here before and told you this. The Fire Chief doesn't have a right to promote who he wants. They tell him who to promote. They say, "You have got to take these Blacks, these Latins, these women, these Anglos, and here they are, now you pick, Chief." That's what happens, you know, so to say the Fire Chief can do anything about this issue, or any fire chief in Dade County is crazy! Mr. Plummer: All right, thank you. Mr. Teems: He can't do anything about it. Now, if you will commit... that is why I suggested the Justice Department, somebody outside, somebody that can look at the issue. If you don't agree... I agree with Commissioner Carollo, by the way, you are absolutely right. I abhor this meeting because I know what is going to happen tomorrow morning in the newspaper and it is a shame, it is a damn shame! We all know what is going to happen and it is wrong. We all love this City. We spend a third of our lives in this City, and we love it and we don't want to see it happen to it, but we have to have an answer and we need a commitment from you, not the Fire Chief, and no aspersions on the Fire Chief, believe me. You know, I am not talking about him particularly, no fire chief can do it, right, but we need a commitment from you, the Commission that you will help us resolve this problem and don't let it go tomorrow and go away, and it doesn't come back again! Mr. Carollo: Well, there are two main problems, there are two main issues, as I see it, and I think both of them are separate, but at the same time, have led to the frustrations of each of them individually. One is the issue in as far as the horse playing around, the slurs and racial remarks, whether kidding or not kidding, and that whole aspect - the people, whether rightly so or not, have felt discriminated upon. That is one issue. The other issue is the issue of promotions. At the same time that you have to reach a level where you have some balance in the brass of the Department, you can't have a situation in the Department either, that a majority of the people work in the Department feel like, "Hey, what is the use of me staying on 20 years or more, what is the use of me giving everything that I have to study for an exam, if you know, I am going to be passed time and time again." I think both of those issues are legitimate issues and I think that is where we should keep our skills to, try to resolve both of those issues, and I don't think you are going to resolve one without the other, as they both go hand in hand to what the root of the problems are in this Department. At the same time, whatever course of action this Commission has to follow to come to a fair and professional conclusion to both these issues, I think we have to make sure that number one, we don't start politicizing the whole situation, getting all kind of outside groups that are just looking for a soap box, to make themselves heard, or try to gain brownie points with this group or that group, or try to justify a salary from one of the other agencies. I think that the only way that we are going to resolve this situation is by being honest with ourselves and everything is not peaches and roses in the Department. I think if we are honest enough to admit it to ourselves, we can begin to solve the problems; at the same time realize that there are two main issues, two main problems, that both have to be resolved. You resolve one and you don't resolve the other, you haven't resolved anything. Mr. Plummer: The motion is to reconsider. Any further discussion by Commissioners? Hearing none, call the roll. 201 February 12, 1987 The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 87-188 A MOTION TO RECONSIDER PRECEDING MOTION NO. 87-187 WHICH REQUESTED JUSTICE DEPARTMENT TO INVESTIGATE ALLEGED DISCRIMINATION IN THE FIRE, RESCUE INSPECTION SERVICES DEPARTMENT. Upon being seconded by Mayor Suarez, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Mayor Xavier L. Suarez NOES: Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. ABSENT: None. Mr. Plummer: The motion... Mayor Suarez: Madam City Attorney, is that in effect a motion... does that withdraw the prior motion, or do we have to take another vote on it. Mr. Plummer: No, you reconsidered. Mr. Dawkins: So, we... Mayor Suarez: Madam City Attorney? Mr. Plummer: The first one technically is dead. Mrs. Dougherty: Yes, the first one is dead. Mr. Plummer: So the floor is then open for another motion I'll make a motion at this time that both the Justice Department and the recommendation of the Fire Chief be followed. Mrs. Kennedy: Second. (APPLAUSE) Mayor Suarez: Moved and seconded. Mr. Dawkins: Under discussion. Who is going to determine who runs the Fire Department, the Justice Department, or the Chief, when it comes to the Chief trying to resolve the problem, and the Justice Department attempting to solve the problem. Mr. Plummer: Well, the way I see it, the Fire Chief's Association is going to be a hell of a lot quicker in their findings, than the Justice Department, and I would hope to God that if problems are found, and let's don't deny, there are probably some, that they will be able to be brought forth in the broad daylight to the Chief's office and his pledge to correct them before the Justice Department will ever get finished. Mr. Dawkins: And you think that the Justice Department will turn around then and go home? Mr. Plummer: I think that once they are corrected, before they take any kind of definitive results, will be effective, yes. I do feel that way. Mr. Dawkins: I don't, but that is what my opinion is. No further discussion. Mayor Suarez: Call the roll. Mr. Plummer: Let me clarify the roll, the Manager makes a good point... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. 202 February 12, 1987 Mr. Plummer: ... that when we are asking, we are asking that this not be a limited to just complaints, that we would like for this matter to be looked into as to employment and promotions. Mrs. Kennedy: Yes. Mayor Suarers Let me may one thing. I am going to vote against the motion. I feel, and I have heard some of you say it, and in effect you are saying it, that... some of you said it out loud, that you don't trust the Chief... you don't, to carry out this investigation. Some of the men have said it. You don't... you are implicitly in not even trusting this Commission at all either. The man has just been appointed. Mr. Plummer: Mr. Mayor. Mayor Suarez: Let me finish what I am saying. This man has just been appointed Chief, I am going to vote against it and I am going to tell you why. I would like him to have an opportunity to investigate this in house. I would like this Commission to have an opportunity to consider further as I have been doing in the last 24 hours and continue to be doing and there is nothing that prevents the further hearings that some of you who have testified that there is essentially no discrimination in the Department can have a hearing, can have a hearing on the promotional exams and the whole system of promotions, we have no problem with that. Maybe it is time that we begin to deal with that, as Don indicated, and this Commission will continue considering all of the issues that are before us, both of the issues, and there are really two, as we have clarified. One is a promotional system and the other one is alleged discrimination against some individuals in the Department and that includes, yes, some Anglos too. So, that is why I am voting against the motion. Mr. Plummer: Mr. Mayor, to clear the record, I never heard anyone say they didn't trust the Chief. Mayor Suarez: I did. Mr. Plummer: They didn't trust the Fire Chief's Association of individual that is what I heard. (APPLAUSE) Mayor Suarez: I stand corrected on that point. OK, that is probably what was stated. Mr. Odio: I need to say this because this Chief has been in the office five weeks and he needs a fair chance to take over this Department. Mayor Suarez: Yes, I stand corrected on that point. That is probably what was stated. Mr. Dawkins: What is the motion? Mr. Plummer: The motion is to bring in simultaneously, or request simultaneously, that the Justice Department be brought in for a look see, as well as the Fire Chief's Association, both being totally independent. Mr. Dawkins: Do you plan to speak to the motion, Dr. Daniels? Dr. Daniels: Yes, I wanted to offer another suggestion that might include a compromise, and that suggestion is, instead of the Fire Chief's organization, maybe a panel, a blue ribbon panel that might include... Mr. Plummer: No, no, blue ribbon panels got us in the jam we are in today. (APPLAUSE) Mayor Suarez: Please, please! There is one thing all of us. in Miami agree, lately, is that we don't go much for blue ribbon panels. Anyhow... Dr. Daniels: OK, but the suggestion would be to include representation from the Chief's organization, if you didn't want the entire organization, including maybe, a member from the Affirmative Action Advisory Board, and some academician from one of the colleges that might be more objective. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. 203 February 12, 1987 Mayor Suarez: Pleasel Call the roll. MOTION FAILED. THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER KENNEDY* TO REQUEST BOTH THE JUSTICE DEPARTMENT AND THE FIRE CHIEF'S ASSOCIATION TO INVESTIGATE ALLEGED DISCRIMINATION IN FIRE RESCUE A INSPECTION SERVICES DEPARTMENT WAS DEFEATED BY THE FOLLOWING VOTE: AYES: Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. NOES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Mayor Xavier L. Suarez ABSENT: None. ON ROLL CALL: Mr. Dawkins: What am I voting on? Mrs. Kennedy: A motion to conduct both investigations. Mr. Dawkins: A motion to what? Ms. Hirai: To simultaneously request investigations from those two sources. Mr. Dawkins: I feel the Chief should have a chance to demonstrate whether he can do what he said or not, and I vote no. Mayor Suarez: Let's see if we can get some ground rules to... we have people that have been waiting on other items, we have taken you out of turn, we can have all the hearings you want, we maybe have come upon a whole system that maybe people weren't aware that you right to have a hearing at City Hall if you are an employee, which is something that is incredible to me, but apparently that... Mr. Odio: Can I say something? Mayor Suarez: Mr. City Manager. Mr. Odio: Just briefly, on the area of promotions, which I am concerned about myself, I don't necessarily... I follow orders, I follow laws, and I will comply with the law, and you know that. So long as the law is there, I will comply with that. I am referring to the Consent Decree, but I did talk to Teems, about that I will sit down and negotiate the contract that we have to sit down and negotiate now, and that put an affirmative action plan in front of me that will keep the objectives that we started off, whenever the Consent Decree started off, and let's find a way of solving the problems of promotion and I want to have that done, and that I proffer to start negotiations immediately to have an affirmative action plan that makes sense. Mrs. Kennedy: See, that is another thing Mr. Manager, because... Mayor Suarez: Yes, we are going to need that very badly. Mrs. Kennedy: ... the Affirmative Action Plan dates back to 178, it needs to be perhaps even revamped and at least reconsidered... Mr. Odio: We need to adjust it to the times, Commissioner. Mayor Suarez: Absolutely. Mrs. Kennedy:... and restudied, right. Mr. Dawkins: All right, we have discussed everything but discrimination, now, what are you going to do about that? Mr. Odio: I can only deal with promotions. I still think that the Chief is correct, that if we are going to have discrimination complaints investigated, they should be somebody from the outside and it should be some firefighters that know this business, because I went to a military academy, and I know what 204 February 12, 1987 goes on inside a military institution, so 1 feel that unless they are peers, independent peers, they Mill not know what we are talking about and I strongly recommend that we separate the promotion part and have a negotiation in good faith immediately and investigate the discrimination part, or the complaints, by the Firefighter's Chief whatever they call that, that is an alternative proposal. Mayor Suarez: Fire Chief's Association. Mr. Odio: Fire Chief's Association. Mr. Dawkins: How many Blacks in the Fire Chief's Association? Mr. Plummer: One, that I know of. Jordan, I know is. Mr. Dawkins: All right, he is a City employee, we don't need him. How many Latins? Mr. Plummer: I don't think there is any. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Dawkins: How many? Chief Duke: The officers, the Fire Chiefs, the request would be made to the Fire Chiefs, to provide, you know, ranking officers that are of the different breakdown that I suggested, and hopefully that will be a good cross section. We did this with the... Mr. Dawkins: It can't be a good cross section, Chief, when there is no representation to draw from. Mayor Suarez: I thought you said it did have fair... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Pleasel Chief Duke: There is a good cross section of ranking minorities throughout the Dade County area. Mr. Dawkins: OK, all right, I see what you have there, no problem. Go ahead. Chief Duke: This was successful when we did a study over on Miami Beach. Mayor Suarez: Now, what are we going to do in terms of ending this? Mr. Brad Dougherty: I'd like to say a few things, I've been waiting my turn. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: All right, let's do something here. I am going to limit... we have to limit. Mr. Dawkins: No, you don't, I am going home at 9:00 o'clock. You don't have to limit... Mr. Plummer: Mr. Mayor, that is the point I was... Mayor Suarez: That is an automatic limit, see, we have got a 9:00 o'clock ending here, a policy established at the last Commission meeting, by a vote, so we have got 22 minutes left now. Mrs. Kennedy: Twenty-two minutes and about, what?... eight of nine different items. Mayor Suarez: OK, how about five speakers, presumably, of two minutes each, on arguing that there is no discrimination in the Department, and so on, and five that there is, and let's keep it to two minutes please, Madam City Clerk, because otherwise we are going to finish here at 9:00 o'clock, and we won't have finished the hearing. 205 February 12, 1987 Mr. Dougherty: Well, you know, I wish you would have brought that up when we started, everybody getting two minutes worth. Mr. Carollo: Employees only. Mayor Suarez: Go ahead, sir. Mr. Dougherty: Yes, my name is Brad Dougherty, and I have been with the Fire Department for 14 years and I'd like to say I am tired of being called an Anglo. I am a United States citizen and I am tired of being branded. (APPLAUSE) Every place you go in this City of Miami, you are branded, you have got a little title next to you - A.M., L.M., B.M., whatever, I'm tired of it. I want to be judged on my merit and my ability. The City... this Commission right here, 80 percent hiring, 80 percent promotional and administrative, and approximately 40 percent promotional on a front line supervisor, that is what you have mandated. It is about time we hang our dirty laundry out, maybe somebody will come and clean it for us, because nobody else in here has been able to do it. We need the Justice Department in here. 80 percent, that is your mandatel Why don't you take some action on that? How would you like to be on a promotional register and one individual, and bypassed 17 times! 17 times an individual has been bypassed and the only people that passed them were minorities. It is a shame, isn't it? How would you like to be win and election and say you can't be the candidate, because you are not minority? I've got another thing I'd like to bring up. Mr. Dawkins brought up a good point. He said you are not supposed to be harassed if you file a complaint with the E.E.O.C., or file a complaint of discrimination... 1985, I filed a complaint with the E.E.O.C. on being bypassed on a promotional exam, I called Dr. Hattie Daniels to obtain some information in processing a grievance, I didn't agree with the affirmative action policy, I wanted to know how long it is going to last, because obviously it is going to affect my career. She wrote a letter to the Chief, Chief McCullough, saying that there is a limit to what she will tolerate under the excuse of Anglo male victimization. She tried to have me disciplined. Not only did she send a letter to the Chief, she sent a letter to my house so she could upset my family. Talk about harassment, yes, I wonder if this is on the record? Here it is right here. (APPLAUSE) Mayor Suarez: Pleasel I want that letter to be in the record. Mr. Dougherty: OK. (APPLAUSE) Mayor Suarez: Pleasel Pleasel You have used up your two minutes, negotiate with the guys behind you and see if you can get two more minutes. OK, sir, go ahead. Please, we have got to... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Dougherty: All right, I am going to take another two. I am going to take the guy behind me. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD Mayor Suarez: No, wait, wait, sir. We are going to go to this side. Negotiate with them, see if they will give you two minutes, otherwise we will never get out of here. Counselor. Mr. Harold Culmer: Thank you, Mr. Mayor. Just very briefly... UNIDENTIFIED SPEAKER: Please identify yourself. Mr. Culmer: I already have. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: We are not listening to you now, counselor. Go ahead. Mr. Culmer: In a nut shell, the reason that the Professional Black... Harold Culmer, representing the Professional Black Firefighters. The reason that I am here to speak on behalf of this group is very simple. We are not here to be divisive. We are not here to do the most damaging thing that can be done, that is to call somebody a racist. That is not the reason that these people have come down here tonight. The reason that they have come down, is to 206 February 12, 1987 provide this Commission with attitudinal problems in the Department, with a basis for you taking action to eliminate the problems as they see it from this side of the railroad tracks. One of the worst things you can do, and I found this to be true in all of my life's existence is to walk up to somebody and call them a racist or say that you are a bigot, because nine times out of ten, it isn't true. It is like taking a big slap in the face and it goes with most people to their graves, but the plain, simple fact of the matter is, if you have not suffered the indignity and the inhumaneness of racial discrimination, you can't possibly appreciate how degrading it becomes and how it makes you absolutely a nonentity in the sight of yourself, sometimes in the sight of your friends, and most importantly, this issue is not so much a racial or an Anglo or Hispanic issue as it is an economic issue. It is a matter of jobs and promotability and it is a matter of eliminating the problems that come in an atmosphere which is hostile to equitable, fair movement in the system. Now, very briefly... everybody is throwing figures. I'd like to throw just a few figures out for your consideration. Since 1977, and these are figures that we have researched, there have been 234 promoted positions from the register, existing registers. Of that number, 168 went to... Mayor Suarez: Wrap up, counselor. Mr. Culmer: I am. Forth -eight went to so-called Latins, and 18 went to Blacks. Of that number, 12... Mayor Suarez: OK, negotiate with four other people waiting on that side, and we will go back to the other side, now. Mr. Dougherty: All right, I have taken one of my partner's place here. Mayor Suarez: That means you get three more after you, that is it. All right. Mr. Dougherty: All right, the City displays the attitude that color and ethnic background are suitable guidelines for performance and leadership ability, but at the same time they maintain that they are an equal opportunity employer. That seems kind of unusual. This Professional Black Firefighter's Association over here uses City equipment to disburse their memos for their meetings and everything, however, they won't let a White firefighter join. I think that is a little bit unusual too. UNIDENTIFIED SPEAKER: That's a lie. Mayor Suarez: Please! Mr. Dougherty: The last thing I'd like to say is, that everything you hear is based on numbers and paperwork. You fail to realize that these are people with feelings and families, not just a number, or an ethnic code on a piece of paper, and until all employees are treated the same, and have the same opportunities, problems of discontent and hostility will continue, and as administrators and representatives of this City, it is your duty to make equal opportunity the same for everyone. Thank you (APPLAUSE) Mayor Suarez: Thank you for your statement. We will try to do it five on one side of the issue and five on the other side, but go ahead, make a brief statement. Mr. Ken Nelson: Yes, we just want to speak real briefly. For the record, Ken Nelson, president of the F.O.P. For lack of better terms, I want to think that the Commission here is missing the boat. Discrimination is wrong, no matter where it is, and it doesn't know any boundaries. Discrimination is just as bad in the Fire Department, and it is just as bad when it is in the Police Department, and it is just as bad when it is in Sanitation, as when it is just as bad when it is in the General Employees, so whatever type of resolution that you do come to, we ask you to look 'at ending all discrimination throughout the entire City of Miami. Mayor Suarez: Thank you for your statement. Mr. Soto: Mr. Mayor, I have been trying. May I speak? My name is Osvaldo Soto, I am the chairman of S.A.L.A.D., my office is at 1950 S.W. 27th Avenue. For many years, many years, Miami Fire Department has been the department of a few ones. We don't know the instance of dedication and sacrifice of many 207 February 12, 1987 firefighters, but this can not be the excuse to have the Department, which is mostly Anglo in a City that is 80 percent Hispanic and Black. When a City of this composition has a department wi+�, decision making powers, or if you want to call it other words, the hierarchy is 80 percent Anglo and only 20 percent Black and Hispanic, there is something very, very wrongl furthermore, we have been told of many acts of discrimination against Blacks and Hispanics, and these acts cannot be condoned, or accepted. S.A.L.A.D. regrets the need... that there are few Hispanics who support this incredible situation. Regrettably, there is nothing that can change these persons; however S.A.L.A.D. believes that if there is only one Hispanic been discriminated, that is reason enough for this Commission, and for the community, to fight it. S.A.L.A.D. believes that if there is only one Black that is being discriminated, that is reason enough for this Commission, or for the City to resent it, and to fight itl This community cannot allow a racial minority to recreate the tensions occurring just one month ago in Forsythe County, Georgia. We cannot tolerate this blatant... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Please, pleasel Mr. Soto:... acts of discrimination in this community and we will do our best to prevent and to stop this kind of occurrence. Commissioner Dawkins, S.A.L.A.D. and the Hispanic community, thanks you for bringing out something that has been happening in the Department, and for many, many years, and should not have been brought out, would not have been brought out, if you had not taken the initiative. This matter has to be resolved. I have a suggestion. I don't think it should go out of the Commission. If the Commission cannot resolve this matter in three or four hours and it's very simple. The numbers are there, you can hear the people, you can at least appoint, each one of you, a member to represent you with the Fire Chief, resolve this matter. If we go out, we are going to take our problems out of the City. If we go to people who are not going to represent you, you are going to have the same problem. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: OK, we got that point, counselor Thank you. Please, pleasel INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Joe Cabrera: Excuse me, may I have my two minutes? Mayor Suarez: Yes, sir. Mr. Cabrera: OK, first of all, I don't feel like that individual right there has any say so with this issue. He is not a member of the Fire Department, OK? Mayor Suarez: This is a public hearing. Why don't you give us your name so we have it on the record. Mr. Joe Cabrera: OK, my name is Joe Cabrera, I am a City of Miami firefighter, I have been a firefighter for three years. I would like to give you hypothetical suggestions. What would happen to society as a whole, if we were to implement the hiring practices and promotional practices that the City of Miami does? Mayor Suarez: Please. Please, please, pleasel INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.. Mayor Suarez: Please. Yes, we stopped the clock. Mr. Cabrera: Yes, two minutes. Mayor Suarez: Give him an extra 20 seconds. Mr. Cabrera: No, 30. How would society react, if the American Medical Association were to come down to the University of Miami Medical School and say to the University of Miami, "University of Miami, we want you to hire fifty doctors this year, it doesn't matter what they get on their tests, it 208 February 12, 1987 doesn't (natter who they are, we want 50 Blacks, 50 Cubans and 10 Anglos," OK? Mr. Mayor, you are an attorney, you took the State board. Were you told a passing grade before you took the exam? Mayor Suarez: I think not, I think they go on a curve, and I don't agree with that, I think you should be told a passing grade. Go ahead. Mr. Cabrera: OK, in the City of Miami, you are not told what a passing grade is. You know what you are told in the City of Miami? Mayor Suarez: I am not much on curves. I don't believe in curves. Mr. Cabrera: OK, in the City of Miami you are told, "You take the test, we are going to hire as many Whites, as many Latins, as many Blacks as we have to hire, it doesn't matter what score they get." OK, how comfortable would you all be if you had a surgeon working on you that you knew only got a 56 on his exam? How comfortable would you feel? Not much) We deal with life and death on a day to day basis and we have individuals out there that have been promoted and are in charge of trucks, are in charge of people's lives. Your own up there Commissioners, that have gotten below passing scores because the promotional practices have said that 56 is passing, and is acceptable. (APPLAUSE) Can I have my two minutes, please? I was born on the island of Cuba. I came to the United States when I was nine years old. Mayor Suarez: OK. Mr. Cabrera: I am a successful individual. I've done it on my ownl I don't take hand outs. Mayor Suarez: OK, wrap up, please. Did you give him the extra 20 seconds? Thank you. (APPLAUSE) Please, please. Commissioner. Mr. Plummer: Mr. Mayor, we are to leave here in 10 minutes. I've heard... Mayor Suarez: Yes, we have a couple of things we have to take care of. Mr. Plummer: No, I would hate to leave here tonight, and all we have done is heard the stories, and the motion I offered did not pass. I would like to leave here tonight with some feeling that in some way, this Commission has done more than listened. I would like that this Commission would take some action and do something in the right direction, but I just hate to think that we would leave here tonight and the only thing that we could say that we accomplished was that we listened. That, to me... Mrs. Kennedy: Well, why...? Mayor Suarez: No, no, we have done... let me... Mr. Dawkins: I make a motion that we allow the Chief to try to solve this problem. Mayor Suarez: We have done two things. Let me just hold that motion for a second, and clarify it. We have instructed the City Manager to proceed to reconsider the entire promotional system and we expect to get some answers on that, which is something that hasn't been done... please!... and the Association of Fire Chiefs to look at specific cases of discrimination in the Department. Mr. Plummer: I haven't heard a motion on that yet. Mayor Suarez: I'll entertain a motion on that if you want to... Mrs. Kennedy: I'd like to make a motion, a substitute motion, to allow the City Manager to separate these two issues and work on the affirmative action programs. Mayor Suarez: That's is what the effect of the two... Mr. Dawkins: Second it. Mr. Plummer: Tell me what your motion is. 209 February 12, 1987 Mrs. Kennedy: Separate the two. Mayor Suarez: We want to separate the issue of specific discrimination against individuals in the Department to be investigated by whatever system we... Mrs. Kennedy: And let the City Manager work it out with the union. Mayor Suarez: ... and also, on the other hand, to have the City Manager come up with a proposal for a better promotional system. Mr. Carollo: Well, I think that if anything, what we need to do, is schedule another meeting that is going to be precisely just for this issue and nothing else, and then at that meeting, see if we would come with a logical, professional solution that is going to be fair, that we could reach whatever solution we can for both of these issues. Mayor Suarez: Absolutely. On the issue of the promotional system, and how it should be, we will have a complete hearing, there is no doubt about it. In the meantime, we have no problem with the City Manager also investigating to see what alternatives he comes up with. Mrs. Kennedy: At least we go home with that feeling of having accomplished something. Mayor Suarez: Well, we have a motion and a second, let me take... Mr. Carollo: If I may, what is the motion that we have? Mr. Dawkins: What is the motion? Mayor Suarez: I am going to take care of you later. OK, call the roll. Mr. Dawkins: What is the motion we have? Mr. Carollo: What is the motion that we have? Mayor Suarez: You and me by ourselves. Go ahead, call the roll. Mr. Dawkins: What is the motion? What is the motion? Mayor Suarez: That we formalize what I thought we had done, which is to instruct the City Manager to... Mrs. Kennedy: To negotiate and separate the issues. Mayor Suarez: ... negotiate and consider a whole new approach to a promotional system in the Fire Department, also built into the motion to have the Fire Chief's Association investigate allegations of discrimination in the Department. Mr. Carollo: I make a substitute motion to carry this meeting on to a later date, and solely for this purpose. Mayor Suarez: For which one? Mr. Carollo: For the purpose of listening to the two issues that we have heard here today. Mayor Suarez: Well, I thought we were trying to split the two issues, so we can take each one... Mr. Dawkins: Well, what I think we are saying is, I'd like to amend the motion that there is another hearing scheduled so that everyone who wants to be heard can be heard. Mr. Carollo: Well, that's exactly what I am saying, Miller. Mayor Suarez: That's fine, we can do that too. Mr. Dawkins: All right, I will be voting with the motion and... 210 February 12, 1987 Mrs. Kennedy: We can do that, but we can also accept my motion. Mayor Suarez: OK, we have a third part to the mr tior. then, if �rerybody agrees, so we get a consensus, that we will have another hearing, and everybody can have their say on whatever they want. Mr. Dawkins: Will you accept that amendment? Mrs. Kennedy: And I will accept that modification to my motion. Mayor Suarez: We don't really need a motion on that one. We can always have a hearing, whatever people... anyhow, call the roll on that motion - triple motion. The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 87-189 A MOTION TO CONTINUE A PUBLIC HEARING TO DISCUSS ALLEGED DISCRIMINATION IN THE MIAMI FIRE DEPARTMENT TO THE NEXT REGULARLY SCHEDULED COMMISSION METING OF FEBRUARY 26, 1987 AT 6:00 P.M. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. ON ROLL CALL: Mr. Plummer: I think it is a step in the right direction. I don't think it is the ultimate answer, or the full answer, but I think it is a step in the right direction, and I will vote yes. Mr. Dawkins: Do you have a time certain to continue this? Mr. Carollo: Well, one of the things that I think we need. Chief, can you come up here, sir? Mayor Suarez: We will advertise it. Mr. Dawkins: Well, you don't have to advertise it if it is the same people. Mayor Suarez: It will be 6:00 p.m. at the regular meeting. Mr. Dawkins: Yes, at the next regular meeting. Mayor Suarez: Commissioner Dawkins is suggesting 6:00 p.m. for the next regularly scheduled meeting of this Commission, and I think that is a good idea. We will schedule for 6:00 p.m. Mr. Carollo: I think that for the peace of mind of some of the individuals that have made some statements here today, they are in the minority in those statements, and the same time so that others in the community are'not going to take things out of perspective in a few days from now, I think that we need to have your solemn assurance that they are not going to be 'any retaliation against anyone that has spoken anything here today within the Department. Chief Duke: The only way I can address that Commissioner, is to say that in place, right now, in the City of Miami is the ability for anyone who feels that they have been wronged, to forward that question through the proper _ channels to the Department and through other agencies of the City, and if they have been wronged, those people that wronged them will get the deserves that go with that type of a wrong. 211 February 12, 1987 Mayor Suarez: Call the roll. Chief Duke: That means that everything that I could do to not let that happen, I will do. Mayor Suarez: We expect that too, obviously, Chief, but we have a motion, a three part motion. Did we call the roll on that? Ms. Hirai: We can combine it, Mr. Mayor, with the one roll call. Mr. Dawkins: We can combine it. Ms. Hirai: Wasn't that your intent? Mayor Suarez: OK. I'm sorry, Chief. Mr. Dawkins: Let's go to this... Mayor Suarez: All right, now, we have got a couple of items that we have to take care of, and we will finish up then with the two additional witnesses on each side. ------------------------------------------------------------------------------ 83. EMERGENCY ORDINANCE: INCREASE APPROPRIATIONS TO FUND PURCHASE OF 165 POLICE PURSUIT VEHICLES AND 38 COMPACT VEHICLES. Mayor Suarez: One is on the cars, agenda items 34 and 35. Mr. Dawkins: Yes, we will get right to you. Hold on now, we have got to get by these automobiles, or we are going to miss them. Wait, we have got to buy these automobiles. Mr. Plummer: We've got to do that and we've got to do the Orange Bowl. Mr. Odio: Items 34 and 35. Mr. Teems: I just need a clarification. Mr. Dawkins: OK, hold it, we are not going anywhere. Mayor Suarez: OK, Item 34, I entertain a motion on item 34. Mr. Dawkins: Move it. Mayor Suarez: Moved. Mr. Plummer: Now, Mr. Mayor, excuse me. Item 34, there was a provision left open for the Chief to come and justify more than what is item 34, which is 128 cars, and he would like to make that position, and I think you have got to give him that opportunity. Mr. Dawkins: OK, then let him come up. Mr. Plummer: Well, the agenda item is for 128. He wants to make a case and justification for more than 128. Mr. Ken Nelson: Mr. Mayor, the union would like to make a short presentation after the Chief makes his. Mayor Suarez: On the issue of the cars? Mr. Nelson: Yes, sir. Mayor Suarez: In favor of? Mr. Nelson: Yes. 212 February 12, 1987 11 Mrs. Kennedy: So you think we should The 34 and 35. leave it for the next meeting then? Mr. Plummer: You can't. No, you have got to hear this police car item tonight, because they have got to get ordered. Mayor Suarez: If we don't order the cars, we will not have solved something we tried to start solving three months ago. Please, a little quiet in the chambersl Chief. Chief Clarence Dickson: Go ahead? Mayor Suarez: Please. Mr. Plummer: Try to. Chief Dickson: OK, I am here to justify the number of cars that the Police Department will need to carry out the function of calls for service to the City of Miami. We are requesting 203 vehicles, marked cars for patrol. The total number of marked cars for patrol is 303. We have already purchased 100, that is already here, and our study shows that we need 203 vehicles to complete our fleet and bring our fleet up to a safety level. Mrs. Kennedy: Chief, there is a lot of noise. Did you say 203 additional to the 100? Chief Dickson: Yes. Mayor Suarez: Can we have some quiet in the chambers, please? Mr. Plummer: The original... Chief, do you want to say anything else? Chief Dickson: Yes. Mr. Plummer: OK. Chief Dickson: I would like to respond to questions as to if anyone wants to know why we need the 203 cars additional. Mr. Dawkins: We need to know where the money is coming from, that is what the Manager has to tell us, Chief. We don't care about where the cars are coming from. Mr. Plummer: Well, I would like to make a statement, but I don't want to interrupt the Chief. Mr. Dawkins: OK, go ahead. Chief Dickson: Now, I noticed on the agenda that there is a number of 128 cars was to be discussed by the Commission today. However, the 128 cars would not give us the number of cars that we need to bring our fleet up to what the Commission has agreed to be a level of safety and a standard of safety that has been agreed upon by both the Commission and the Police Department. That would be 128 cars would be 75 vehicles less than what we need to actually get rid of the 1984, 1985, 1983 vehicles that we still have on the road and the recommendation from the Commission, based on a request from the Police Department was that our staff of cars should be no less than that as to Dade County's staff of cars which is two years old. We still have cars on the road that are, as a matter of fact, 1982 vehicles on the road, 1983's and 1984's. Mayor Suarez: How many would you need to comply with the County';... Mr. Dawkins: Look, you all tell us what you need, because it is 9:00 o'clock. Somebody needs to tell us what we need. We have got to hear Don and I've got a resolution here that has got to go, and we leave at 9:00 o'clock, now somebody tell us what you need, so we can decide whether we can give it to you or not, Chief. Chief Dickson: OK. Mr. Plummer: Well, I would like the opportunity to make a statement. 213 February 12, 1967 Mr. Dawkins: Well, make your statement. Mr. Plummer: Well, I was giving him the opportunity to finish. Chief Dickson: OK, I will just tell you briefly, we need 203 additional vehicles. Mr. Dawkins: OK, good. Mayor Suarez: To meet the County standards, we need 203, OK. Mr. Plummer: That's not a true statement. Mayor Suarez: All right, I am sorry, that is his statement. Go ahead, Commissioner. Contradict it, if you want. Mr. Plummer: OK, Mr. Mayor... Mayor Suarez: And then we will hear from Ken. Mr. Plummer: Mr. Mayor, this City Commission made a commitment to the policemen of this City and that commitment is not in the area, in my estimation of what the Chief has said. We made a commitment that no car from this day forward would be more than two years old. We made a commitment that there would be no more than four drivers to a particular vehicle, and we promised 200 automobiles. We have already placed in service 103. As you know, at the last Commission meeting, we were asked to sit down, and I was, in particular, with the committee to go over and ask for a rationale. The Chief was present and others were present at that meeting which took place approximately three weeks ago. We came out of that meeting with a number of 128, fully understanding, and Ken Nelson was present at that meeting, fully understanding that the Chief would have the right to come back and justify if he felt the need was for more than that which had been presented. Unfortunately, for whatever reason, Mr. Mayor, there was no coming back until yesterday afternoon at 4:50 p.m. in the afternoon. That's when I received a frantic call from the Manager, wanting to know, could I meet immediately with them, and I told him, "No, I could not, I had to make a living." Now, let me address the issue. It is amazing to me, that the original request from the Police Department for the number which has stayed the same has changed radically. In the original proposal, there were four sets of 52 per shift cars. Somehow, that has now disappeared, and the justification is completely different. It is for three sets of cars. What I have said and will continue to say and Ken, I think, can back this up. Mr. Mayor, at no time would I ever, ever, broach safety. I said that at that meeting and any number that could be justified in my estimation, would in fact, be the number that should be presented. If you take and look at the particular time, we are talking about, if we ordered the 128, we then would have on the road, current models of 231 automobiles. That is pursuit automobiles. Mayor Suarez: That sounds like good math, 103 plus 128. Mr. Plummer: That is correct, sir. They are asking, or trying to justify 203 plus the 103, or 306 pursuit vehicles. Mayor Suarez: OK, Ken. Mr. Plummer: No, no. Mayor Suarez: Oh, I am sorry. Mr. Plummer: I'd like to finish. The study that was done during this three week period of time, was never, ever talked about in the committee, and that was, for some reason, they went over and checked with Dade County. Here is how they checked with the County, because at one time, the County decided to try to use compacts in patrol, which I would have fought against it openly and totally against, and came back and said, "Oh, no, no, you cannot use compact cars in a police department." Mr. Mayor, I say to you and to this Commission, that in fact, that commitment which we made to the Police Department, of 231 vehicles, where there would not be more than four drivers, is still the commitment on ordering 128 of additional cars, or the 231. You have three shifts, and nowhere ever during this study was it ever brought into the fact 214 February 12, 1987 : of where the 48 automobiles that are rental are concerned. You are talking about a total fleet within the Police Department, of approximately 550 vehicles. You only have 1,000 policemen. Now, I still have not heard a justification. I've heard the Chief make his statement. It has changed since three weeks ago, and all I am saying to you is, let's order all of the vehicles that we need and that we can justify, but a pursuit vehicle, to put it on the road, costs $18,000, according to Mr. Williams, when you fortify it with the cage, the radios, the M.D.T.'s and all of the rest. Now, Mr. Mayor, if that is... yesterday, for example, I was told by the Manager that they had come to a conclusion of 177, OK? Now, even if that were to be the case, you are saving there over $400,000 and then overnight, suddenly this morning it goes back to the 203. Now, you know, I just don't understand that the need is there, and I think that what we are doing is covering all bases. Chief Dickson: Can I explain to the Commission in detail then, if that is what is necessary? Mayor Suarez: Not in detail, in summary, please! Chief Dickson: In summary? Mayor Suarez: Yes. Chief Dickson: OK, shift "A", platoon "A", on patrol, need 42 vehicles in order to cover the zone in the City of Miami. They need 10 spare cars, that is 52 cars, 42 cars to cover the zones in the City of Miami, and 10 spares, 52 cars. We need seven sergeant cars in order to provide the supervision. That is a total of 59 cars, so that is platoon "A". Mr. Plummer: At that point, we agree. We agree. Mayor Suarez: Wait, I hear an agreement, here. Mr. Plummer: On that point, we agree. Mayor Suarez: No. Chief Dickson: OK. Mr. Carollo: Let's do the following, excuse me, Chief. Let's approve the 128... Mr. Plummer: Thank you! Mr. Carollo:... and then let's handle the rest at the next meeting. Mayor Suarez: Please, let's go with the 128 right now, Chief, and... Chief Dickson: Well, may I say this, if we do that... Mr. Plummer: Joe, you can't do that, because you have got to get the order in, in all fairness to the Chief, OK? If 150 is the number, or 160 is the number, I will vote for it! Mayor Suarez: OK, give us the highest number you will go for, come on, let's get... Mr. Plummer: I think that the number that was approached at the committee was 156, after the 103 that is already in service, and I think that is fair. Mr. Carollo: Well... Mr. Nelson: I believe it was 165, J.L. Mr. Plummer: Was, it 165, I will go with that! Mayor Suarez: 165. Mr. Carollo: I will go with 165. Mr. Plummer: 165. 215 February 12, 1987 Mayor Suarez: 165, going once, going twice, going... Chief Dickson: Well, may I ask, please, one moment? Mayor Suarez: Oh, you are not going to argue against 165, we will... Chief Dickson: Well... Mayor Suarez: We had cars that were six and seven years old, Chief. We are, you know, at the very least, we are getting a total of 165 plus 103, that is 268 cars. Mrs. Kennedy: See, the problem is that we were talking about 203 vehicles, then, since the Herring incident, you know, the cars have been damaged, a lot of time has elapsed. Mayor Suarez: We can order more cars later Chief, if you... you can have another hearing. Mrs. Kennedy: And we probably need more cars! Mr. Plummer: Excuse me, Commissioner Carollo, so you will know, in that number is the 37 take-home cars that are pursuit cars. Mr. Nelson: That's a problem if you go to the 165, you are going to scrap that take-home. Mr. Plummer: No, it was included in there. Mr. Nelson: If I may, if I can just address the Commission here, and for the record, I am Ken Nelson, president of the F.O.P. Back in July of 186, we had 242 P-1 vehicles on the road. Mr. Plummer: Excuse me, Ken. Mr. Finkel... whatever it is, said 155, OK? I am just giving you the numbers. Mr. Nelson: Well, I have the thing in my briefcase, I can show you. It is 242 vehicles, the print out shows. 242 lead to the conditions that we had September 3, 1986, when David Herring died. I can sit here and I can appreciate the Commission's attempt to try and save money, and I know that you said that you don't want to jeopardize safety, and I concur and agree with that. My question is, are we going to pinch pennies again and jeopardize officer's lives? I don't think the Commission, when it directed, back on September llth, at that meeting, that we are going to do that. The Commission directed that cars would be no older than two years old. The Commission directed four people to drive the car, which is one per zone, per shift. In your estimate, you see 30 spare cars. I think it is very important, and Commissioner Kennedy touched on it, out of 30 spare cars, we have 11 to 13, and this is out of 100 new ones, we have 11 to 13 in warranty at any given time. We also have six or seven vehicles that are in the shop with body work, due to accident damage. So, out of 100, that means close to 20 are out of service. Mayor Suarez: Do you want us to vote on 165 vehicles today, or do you want us to defer the item, Ken? Mr. Nelson: Well, I would appreciate, if you would vote at least for the 165, if not more. What I am just trying to say is, that, everybody came before you, as far as the police officers, and they heard certain promises. They want to go out there and do the job, they want to have safe vehicles. They have looked to you for guidance, and they are looking for your support. Mr. Plummer: Ken, let me tell you something! From that point, I am with you on ordering the rest of the cars, but I don't think lieutenants need a full sized pursuit car. We can put those in compacts, they don't get the same beating. I think that there is a lot of areas that we can use subcompacts, which cost a lot less money, and you know, the long run, the maintenance, and everything. Mr. Nelson: OK, the other thing I wanted to point out, is the vehicles we put out on the road back in... 216 February 12, 1987 Mrs. Kennedy: Excuse me, Ken, what is wrong with that, with our doing that, with the subcompacts? Is that an acceptable idea? Mr. Nelson: Well, I can just tell you that in my capacity as a second lieutenant, in the U.S. Air Force, 1 did my reserve week down at Homestead, and they have the compact cars, and I wouldn't let my family drive in them. Those K cars they're talking of, and they aren't very safe, and they aren't efficient for police purposes. Mr. Plummer: It is not... Mayor Suarez: OK, but we are going to have that argument some other day. Chief Dickson: May I please say this... Mayor Suarez: Chief. Chief Dickson: ...before we close. If we accept the 165 and scrap the take- home program, we would be where we want to be, but we could not have the take- home program and just get the 165 vehicles. Mayor Suarez: I am not ready to scrap take-home vehicles. Mr. Dawkins: You may lose two or three votes up here, if you scrap the take- home. Mayor Suarez: We are not ready to do that, Chief. Mr. Plummer: That's right, because that was approved by this... Mayor Suarez: Mr. City Manager. Mrs. Kennedy: Don't confuse the issues. Mr. Odio: Mayor, I just want to ask a question from the Chief to clarify these numbers. I have said all along that the only way we are going to maintain the cars in good condition, and that we will have a good fleet of cars, is that we don't get more than four drivers per vehicle. Now, how many cars do we need to achieve that? That is my question. Chief Dickson: We need... well, what I am asking for, the 203 additional vehicles, but as... Mr. Odio: Yes, OK, go ahead. Chief Dickson: If we come... the most important thing here, the most important thing here, is that if we do not get what we are asking for, then, before the year 1988, we will be driving cars that are at least three to four years old, if we don't get what we are asking for now. If we go with the... well, I see you are not going with the 128, but if we went with the 128, we would have... Mr. Plummer: Chief, we are willing to go with 165 right now, and I am willing to go with it. UNIDENTIFIED SPEAKER: How many? Mr. Plummer: 165. Mr. Dawkins: Well, 165, we are voting on 1651 Chief Dickson: Well, the 165, the 165 will take us to where we need to be... Mr. Plummer: Exactly! Chief Dickson: ...but you cannot do that, with the 37 car take-home program. Mr. Plummer: I disagree. Mrs. Kennedy: OK, let's go with the 165, then. 217 February 12, 1987 Mayor Suarez: 165, we will have to work on the... the Commission is not ready to strap the take-home program at this point. Mr. Odio: OK, why don't we do this. Mr. Nelson: Well, let me ask you this... Mayor Suarez: Wait, wait, Ken. Yes, Mr. City Manager. Mr. Odio: Why can't we get 165 P-118, that is full... Mr. Dawkins: Pursuit. Mayor Suarez: Pursuit. Mr. Odio:... police cars, and buy 38 compacts to take home. Mr. Plummer: I agree with that. I agree with thatl Mr. Dawkins: Well, move it. Mayor Suarez: Make it in the form of a motion. Mr. Plummer: I agree with that, I move it. Mayor Suarez: Moved, do we have a second? Mr. Dawkins: Second. Mr. Plummer: I agree with that. Mayor Suarez: Thirded. Mr. Nelson: I would just say that compacts, if they are used for any emergency purposes, aren't any good. Mayor Suarez: We have heard that. Mr. Plummer: Should not be. Mayor Suarez: We have heard that. Mr. Plummer: Should not be. Mr. Nelson: OK, the one thing I wanted to point out, real quick, is the vehicles we... Mr. Odio: You know, Ken, if I may, because this is important, OK, the compacts will be taken home by the police officer, therefore, he will be the only one driving that car, therefore, they will... Mayor Suarez: Longer life. Call the roll. Chief Dickson: Yes... Mayor Suarez: Call the roll. Ms. Hirai: It is an ordinance. Mayor Suarez: Read the ordinance. 218 February 12, 1987 i • • AN ORDINANCE ENTITLED- AN EMERGENCY ORDINANCE AMENDING SECTIONS 4 AND 6 OF ORDINANCE NO. 10150 ADOPTED SEPTEMBER 25, 1986, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1987, BY INCREASING THE APPROPRIATIONS IN THE INTERNAL SERVICE FUND IN THE AMOUNT OF $2,074,668, HEAVY EQUIPMENT MAINTENANCE DIVISION, INCREASING REVENUES IN A LIKE AMOUNT FROM THE PROCEEDS OF THE SALE OF CERTIFICATE OF PARTICIPATION NOTES TO BE APPROPRIATED INTO THE MOTOR POOL MAINTENANCE DIVISION TO FUND THE PURCHASE OF 203 POLICE VEHICLES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Dawkins, adopted said ordinance by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10220. 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. Mr. Plummer: By your actions, you have saved $684,000. 84. ACCEPT BID OF RAINBOW DODGE FOR 165 POLICE PURSUIT VEHICLES AND 38 POLICE PATROL VEHICLES FROM REGENCY DODGE, INC. Mr. Dawkins: Move 34. Mr. Kennedy: Second. Mr. Plummer: Second. Mr. Dawkins: Move 34 and tell me what I saved at the next Commission meeting. Mrs. Kennedy: Second 34. Mayor Suarez: No, item 35. Ms. Hirai: That was 34. 219 February 12, 1987 Mr. Dawkins: Tell me what I saved at the next Commission meeting. Mayor Suarez: 35. Ms. Hirai: That was 34, Commissioner. Mr. Dawkins: Move 35, or whatever it is. Mayor Suarez: 35, right. Mr. Dawkins: Tell me what we saved at the next Commission meeting. Mayor Suarez: See, they managed to confuse themselves and ourselves, and that is why we to just go on instinct here. 35. Mrs. Kennedy: I seconded 35. Mr. Dawkins: I move it. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 87-190 A RESOLUTION ACCEPTING THE BID OF RAINBOW DODGE FOR FURNISHING 165 POLICE PURSUIT VEHICLES AT A PROPOSED COST OF $1,737,247.05 AND AUTHORIZING THE PURCHASE OF 38 POLICE PATROL VEHICLES FROM REGENCY DODGE, INC, UNDER A STATE OF FLORIDA CONTRACT #070-100-200 AT A PROPOSED COST OF $337,421.00 TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AT A TOTAL PROPOSED COST OF $2,074,668.05; ALLOCATING FUNDS THEREFOR FROM THE PROCEEDS FOR THE CERTIFICATES OF PARTICIPATION NOTES WHICH SHALL BE APPROPRIATED TO THE FLEET MANAGEMENT DIVISION, GENERAL SERVICES ADMINISTRATION DEPARTMENT 1986-87 OPERATING BUDGET; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THESE VEHICLES SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo r Commissioner Miller J. Dawkins s Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 220 February 12, 1987 ------------------------------------------------------------------------------ 85. AMEND EXISTING EASEMENT OF AIR RIGHTS AT 155 S. MIAMI AVENUE (TIBOR HOLLO'S PROPERTY) ------------------------------------------------------------------------------ Mr. Dawkins: Mr. Mayor, I have a resolution here that we need to pass, because Tibor Hollo's house has sunk nine inches, and I need a resolution authorizing the City Manager to execute an amendment to an existing easement previously authorized by resolution number 79-6, adopted January 18, 1979, which granted the use of air rights above property located generally at 155 South Miami Avenue, Miami, Florida, granted by said amendment the use of air rights over said property from an elevation beginning at fourteen feet, three inches above the established street level, instead of 15 feet, and he has to have this, because if he don't, he don't get his insurance. Mrs. Kennedy: Second. Mayor Suarez: So moved and seconded, any discussion? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 87-191 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO AN EXISTING EASEMENT PREVIOUSLY AUTHORIZED BY RESOLUTION NO. 79-6, ADOPTED JANUARY 18, 1979 WHICH GRANTED THE USE OF AIR RIGHTS ABOVE PROPERTY LOCATED GENERALLY AT 155 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, GRANTING BY SAID AMENDMENT THE USE OF AIR RIGHTS OVER SAID PROPERTY FROM AN ELEVATION BEGINNING AT FOURTEEN FEET, THREE INCHES (141311) ABOVE THE ESTABLISHED STREET ELEVATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. ON ROLL CALL: Mr. Plummer: I don't know what the motion is, I'm sorry. Mayor Suarez: I don't either. Ms. Hirai: It is a prepared resolution... Mr. Dawkins: Tibor Hollo's house has sunk nine inches and he needs a resolution for us to amend it. Mr. Plummer: Yes. Mayor Suarez: Give him the nine inches, yes. 221 February 12, 1987 ------------ - -- - -- - ----- -------------------- --------- ----- - - 86. INCREASE CONTRACT OF MET CONSTRUCTION FOR ORANGE BOWL JOTNT REPLACEMENT. Mr. Plummer: Mr. Mayor, I would ask this Commission... Mayor Suarez: What is the other item that we had to absolutely handle today? Mr. Plummer: We have got to have 91, 92 and 93, and they are going to be like that. I move item 91. Mr. Dawkins: Move it. Mayor Suarez: Is that the Orange Bowl renovation? Mr. Plummer: The Orange Bowl, we've got to have itl Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. Any discussion? Call the roll on 91. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-192 A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT AMOUNT OF $15,496 IN THE CONTRACT BETWEEN THE CITY OF MIAMI, FLORIDA AND MET CONSTRUCTION INC, DATED MAY 16, 1986 FOR THE CONSTRUCTION OF ORANGE BOWL JOIST REPLACEMENT - 1986 SAID FUNDS TO BE PROVIDED FROM FUNDS ALREADY ALLOCATED TO THE PROJECT; FURTHER RATIFYING THE CITY MANAGER'S WRITTEN FINDING THAT THE HEREIN INCREASE RESULTED FROM EMERGENCY CIRCUMSTANCES BY AN AFFIRMATIVE VOTE OF FOUR/FIFTHS OF THE MEMBERS OF THE CITY COMMISSION, AND ADOPTING THE FINDINGS AND CONCLUSIONS SET FORTH IN THE PREAMBLE OF THIS RESOLUTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 222 February 12, 1987 $7. EMERGENCY ORDINANCE: ESTABLISH NEW CAPITAL IMPROVEMENT PROJECT: "ORANGE BOWL" - ADDITIONAL PRESS BOX FACILITIES"; APPROPRIATE FUNDS FOR SAID PROJECT. Mr. Plummer: I move item 92. Mr. Dawkins: Second. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded, any discussion? Call the roll on 92. Mr. Plummer: Whoa, it is an ordinance. Mayor Suarez: Read the ordinance. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Mr. Plummer: The reason for the emergency is, Mr. Mayor, if this is not done this evening, it will not be completed before the next season. Mr. Dawkins: Where is Don, so we can hear Don? We promised to hear Don. Mayor Suarez: Call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 10187, ADOPTED DECEMBER 11, 1986, THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, BY ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED: "ORANGE BOWL - ADDITIONAL PRESS BOX FACILITIES" AND APPROPRIATING FUNDS FOR ITS CONSTRUCTION IN THE AMOUNT OF $850,000 FROM FY'88 AND FY189 METRO-DADE COUNTY RESORT TAX FUNDS TO BE LOANED FROM THE DOWNTOWN PEOPLE MOVER PROJECT DEPOSIT, REVENUE PROJECT NO. 371001, PER RESOLUTION NO. 87-126; DECREASING THE APPROPRIATIONS FOR THE CAPITAL PROJECTS ENTITLED: "ORANGE BOWL STADIUM -SEATING REPLACEMENT -PHASE II" AND "ORANGE BOWL STADIUM CHAIRBACKS" IN THE AMOUNTS OF $560,000 AND $254,700, RESPECTIVELY, FROM METRO-DADE COUNTY RESORT TAX FUNDS AND INCREASING THE APPROPRIATION FOR THE CAPITAL PROJECT ENTITLED: "ORANGE BOWL RECEPTION/PRESS INTERVIEW AREA" IN THE AMOUNT OF $40,000 FROM METRO- DADE COUNTY RESORT TAX FUNDS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and Dawkins, for adoption as an emergency measure requirement of reading same on two separate days, following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. seconded by Commissioner and dispensing with the which was agreed to by the Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Dawkins, adopted said ordinance by the following vote- 223 February 12, 1987 • s AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10221. 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. 88. ACCEPT BID: C.O.B.A.D. CONSTRUCTION CORPORATION FOR ORANGE BOWL PRESS BOX. Mr. Plummer: I move item 91. Mayor Suarez: 91, or 92? Ms. Hirai: 91 Mr. Plummer: I am sorry, item 93. Mayor Suarez: 93 is moved, seconded. Any discussion? Mr. Plummer: It is a resolution. Mayor Suarez: Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-193 A RESOLUTION ACCEPTING THE BID OF C.O.B.A.D. CONSTRUCTION CORPORATION IN THE PROPOSED AMOUNT OF $761,875 AND AWARDING A CONTRACT WITH SAID FIRM FOR THE CONSTRUCTION OF THE ORANGE BOWL STADIUM PRESS BOX ADDITION; WITH MONIES THEREFOR ALLOCATED FROM "ORANGE BOWL ADDITIONAL PRESS BOX FACILITIES" ACCOUNT, CAPITAL IMPROVEMENTS (ORDINANCE NO. 10221) PROJECT NO. 404231, IN THE AMOUNT OF $850,000 TO COVER THE PROJECT COST; 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 Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 224 February 12, 1987 80. BRIEF COMMENTS OF CLARIFICATION BY DON TERMS CONCERNING ALLEGED DISCRIMINATION IN FIRE DEPARTMENT. (See label 082) Mr. Plummer: Good night. Mr. Dawkins: Go ahead, Don. Mr. Don Teems: Mr. Chairman, I was looking for, I got lost in the shuffle, I am not sure what the heck we did. I sat over here with... Mayor Suarez: Association of Fire Chiefs is going to investigate the specific cases of discrimination; City Manager is going to propose, investigate, and consider and have hearings on a whole new promotional system, hopefully will be acceptable to all. Mr. Teems: OK, if that is what we did, we have got a problem, because the promotions are a term and conditions of employment, according to the state law, and I thought what we are... Mayor Suarez: And you will negotiate with the union. Mr. Teems: OK, OK. Mr. Odio: Well, Mr. Mayor look, we have to sit down now and negotiate a new contract for two more years. Let this affirmative action plan be part of the negotiations. Mayor Suarez: Absolutely. Absolutely, and one other thing is that they ask to continue the hearing so that people could express themselves on whatever issues they want, which we didn't need a motion for. (INAUDIBLE BACKGROUND COMMENTS) 90. GRANT REQUEST FROM MUNICIPALITIES TRUST FUND CORPORATION TO FIND A SITE FOR "CASA 187" Mr. Plummer: Mr. Mayor, can we do the municipios... Mayor Suarez: Do you want to refer it to the City Manager to start looking for an adequate piece of property, is that... Mr. Plummer: Actually, all that I think that we... they are offering to do a community service, and we would like to refer to the City Manager to try to see if there is a City site that is suitable for their needs, and I would so move. Mayor Suarez: So moved. Mrs. Kennedy: Second. Mayor Suarez: Resolution of intent, that is all that it is. Mr. Plummer: It is a resolution of intent, yes. Mayor Suarez: So moved and seconded. Any discussion, call the roll. 225 February 12, 1987 The following ,potion was introduced by Commissioner Plummer, who moved Its adoption: MOTION NO. 87-144 A MOTION GRANTING REQUEST RECEIVED FROM THE MUNICIPALITIES TRUST FUND CORPORATION AND DIRECTING THE ADMINISTRATION TO FIND A SITE TO BE MADE AVAILABLE TO THEM FOR THE DEVELOPMENT OF A 11,000 SQUARE FOOT FACILITY IN CONNECTION WITH THEIR "CASA 187". upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote- ATESs Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. TBBRE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED 9:20 P.M. Xavier L. Suarez M A Y 0 R Y��Y-31 Natty Hirai CITY CLERK Valter J. Foeman ASSISTANT CITY CLIM v 0 CITY OF MIAMI DOCUMENT INDEX ' QATE: FEBRUARY 12, 1987 PAGE 1 OF `S DOCUMENT ;F RE T t9VAL CODE NO. ALLOCATE $10,000 FOR THE CONFERENCE OF NEGRITUDE, ETHNICITY AND AFRO CULTURES 87-117 APPROVE PAYMENT FOR MECHANICAL SYSTEMS ANALYSIS ASSOCIATES 87-118 CONFIRM NOMINATION OF ARTHUR HERTZ TO OFF-STREET PARKING BOARD 87 119 BILL DE LA SIERRA TO SERVE AS MAYOR'S LIAISON IN AD HOC MINORITY ADVISORY COMMITTEE FOR MIAMI ARENA FURTHER APPOINTING COMMISSIONER DAWKINS AS CHAIRMAN OF SAID COMMITTEE 87-120 ACCEPT BID AMMUNITION RELOADERS, LAWMEN AND SHOOTERS SUPPLY, OAKS WHOLESALE, AND SOUTHERN GUN AND TACKLE FOR AMMUNITION SUPPLIES 87-121 ACCEPT BID: CENTRAL ELEVATOR TO REPAIR ONE ELEVATOR 87-122 RESCIND AWARD TO JUELLE, INC. AND ACCEPT TREE MASTERS, INC. FOR DEMOLITION SERVICES 87-123 TWO YEAR CONTRACT WITH PEOPLES NATIONAL BANK OF COMMERCE AND TOTALBANK FOR SPECIAL DEPOSITORY ACCOUNTS 87-124 ACCEPT GRANT FROM DADE COUNTY COUNCIL OF ARTS AND SCIENCES TO SPONSOR DANCE PERFORMANCES 87-125 AUTHORIZE TEMPORARY LOAN FROM DOWNTOWN PEOPLE MOVER EXTENSION PROJECT DEPOSIT FOR CONSTRUCTION OF ADDITIONAL PRESS FACILITIES AT OTANGE BOWL ACCEPT COMPLETED WORK OF LANZO CONSTRUCTION FOR WAGNER CREEK RENOVATION ACCEPT COMPLETED WORK OF MARKS BROTHERS COMPANY FOR DREDGING SLIP 3 OLD PORT OF MIAMI APPROVE MONUMENT IN HONOR OF CUBAN WOMEN POLITICAL PRISONERS IN JOSE MARTI PARK REIMBURSE THE STATE FOR ACQUISITION OF PROPERTY APPRAISALS OF BARNACLE 87-126 87-127 87-128 87%1129 87-130 DOCUMENT INDEX CLOSURE OF STREETS FOR ARTISTStDAY ART FESTIVAL AT VIZCAYA CLOSURE OF STREETS'FOR DESIGNER'S SHOWCASE'87 CLOSURE OF STREETS FOR CARNAVAL MIAMI BIKE DASH ALLOCATE $12,000 FOR SUNSHINE STATE GOLDEN GLOVES BOXING TOURNAMENT TO COVER FEES FOR COCONUT GROVE EXHIBITION CENTER ALLOCATE $9,000 FOR OPERATION OF VIRRICK GYM YOUTH BOXING PROGRAM ACCEPT BID: YAMAHA MOTOR CORPORATION FOR TWO OUTBOARD MOTORS (A) ACCEPT BID: P.N.M. CORPORATION FOR CITYWIDE SIDEWALK REPLACEMENT PROJECT; (B) SPECS FOR AUTO BIDS RECENTLY SENT OUT ACCEPT BID M. , \VILA AND ASSOCIATES,INC; FOR ALLAPATTAH HIGHWAY IMPROVEMENT DISTRICT AMEND AGREEMENT WITH DADE COUNTY; INCREASE AMOUNT OF FILL MATERIAL BEING PURCHASED FROM CITY'S VIRGINIA KEY STOCKPILE (.A) EXECUTE DEVELOPMENT AGREEMENTS WITH CRUZ DEVELOPMENT AND ASSOC, FOR PARCEL 24 OF OVERTOWN/PARK WEST REDEVELOPMENT. (B) EXECUTE THE DEVELOPMENT AGREEMENTS WITH CIRCA/ BARNES/SAWYER FOR DEVELOPMENT OF PARCEL 55 EAST OF OVERTOWN/PARK WEST REDEVELOPMENT EXECUTE AGREEMENT WITH BAKEHOUSE ART COMPLEX. '' INC. TO PROVIDE ADDITIONAL $54,000 (INCREASE EXISTING $150,000 LOAN/GRANT) FOR COMPLEX FOR USE AS ARTIST WORKSHOP AND GALLERY EXECUTE QUIT CLAIM DEED TO PIO CUESTA FOR EAST 10 FEET OF LOTS 15 AND 16 IN PARKER'S FLAGLER HEIGHTS AMEND AGREEMENTS WITH NEIGHBORHOOD ECONOMIC DEVELOPMENT ORGANIZATIONS FOR IMPLEMENTING A COMMERCIAL FACADE TREATMENT PROGRAM mmonloacw -1 RMEVAL ©ODE NO. 87r.131 87-132 87,,133 87—.134 87-136 87-137 87-138 87-139 87-140 87,141 87-141,1 87-142 87n143 87,144 e DOCUMENT INDEX RESCIND PREVIOUS ALLOCATION OF $2,600 FOR FOUR SURPLUS CITY VEHICLES TO BE USED BY STAFF OF THE FUNDACION NACIONAL'CUBANO-AMERICANA FONDO DE AYUDA DEL EXODO CUBANO TO ASSIST MARIEL EXILES. CHANGE HOURS OF THE STREET CLOSURE FOR CARNAVAL MIAMI PASEO PROHIBIT PROCUREMENT WITH COMPANIES DEALING WITH NATION QF SOUTH AFRICA ACCEPT APPRAISAL OF GABRIEL GARCIA- MENOCAL FOR POSSIBLE ACQUISITION OF LAND FOR DEVELOPMENT OF A $250,000 SQUARE FOOT OFFICE BUILDING TO BE LEASED TO U.S. GENERAL SERVICES ADMINISTRATION. ACCEPT APPRAISAL OF GABRIEL GARCIA- MENOCAL OF EIGHT LOTS BETWEEN N.E, 4TH AND 5TH STREETS AND N.E. 1 AND 13IAMI AVENUE FOR POSSIBLE ACQUISITION OF LAND FOR DEVELOPMENT OF A 250,000 SQUARE FOOT OFFICE BUILDING TO BE LEASED TO THE U.S. GENERAL SERVICES ADMINISTRATION WELCOME JANET CHUSMIR AS A NEW EXECUTIVE EDITOR OF THE MIAMI HERALD SELECTINDERWRITERS FOR CONVENTION CENTER PARKING GARAGE REFUNDING BONDS; CITY SHALL REMAIN OPEN TO RECEIPT OF NEW BIDS FROM UNDERWRITERS FOR BOND ISSUES RENAME THE MIAMI BASEBALL STADIUM TO THE BOBBY MADURE MIAMI BASEBALL STADIUM APPOINT MIRIAM SINGER, RUBY HEMINGWAY, EDNA MARTINEZ, JUDY MILLER AND KATHY SHEA TO THE COMMISSION ON TEH STATUS OF WOMEN ESTABLISH A VISIONS 2000 COMMITTEE NOMINATE TEN INDIVIDUALS TO BE LATER APPOINTED BY THE STATE LEGISLATURE TO THE VISIONS 2000 COMMITTEE AUTHORIZE TEH SPORTS AND EXHIBITION AUTHORITY TO DISBURSE $10,000 FOR IMPROVING THE KNIGHT CNETER AND COCONUT GROVE EXHIBITION CENTER ..0 s RETRIEVAL CODE NO. 87-145 87-146 87-147 87-148 87-149 87�151 87-152 87-154 87-156 87-158 87-159 87-160 DOCUMENT INDEX r • a :j EXECUTE AGREEMENT WITH FULLERTON AND ASSOC. FOR PLANNING SERVICES FOR CONVERSION OF EXISTING RETAIL SPACE AT KNIGHT CENTER INTO EXHIBITION SPACE RESCHEDULE COMMISSION MEETINGS IN MARCH TO MARCH 13TH AND MARCH 31ST. BEER PERMIT FOR RUGBY FOOTBALL CLUB CHAMPIONSHIP IN GRAPELAND HEIGHTS PARK APPOINT STEVEN GOODRIGH TO THE MIAMI AUDIT ADVISORY COMMITTEE APPOINT ART TEELE TO THE AD HOC MINORITY ADVISORY COMMITTEE FOR THE MIAMI ARENA APPOINT HOMER HARLOW',' DAVID WEAVER AND FRANCISCO BLANCO TO THE KNIGHT CENTER ADVISORY COMMITTEE APPOINT LUIS SABINES, ROBERT CHISHOLM AND WILLY BERMELLO THE LATIN QUARTER REVIEW BOARD (A) APPOINT ELSA WAITE TO THE YOUTH ADVISORY COUNCIL. (B) ESTABLISH $20500 FOR YOUTH ADVISORY COUNCIL WAIVE REQUIREMENT FOR SEALED BIDS APPROVE PURCHASE OF SERVICES RELATED MAINTENANCE AND EQUIPMENT FOR MONEYMAX COMPUTERIZED CASH FLOW INVESTMENT SYSTEM ALLOCATE $15,000 TO U.S.T.S. BUD LIGHT TRIATHLON ALLOCATE $25,000 FOR 1987 MIAMI MAGIC FESTIVAL, AUTHORIZE SALE OF BEER/WINE, CLOSE CERTAIN STREETS ALLOCATE $3,000 FOR ORCHID SOCIETY'S ANNUAL SHOW ALLOCATE $5f'000 FOR BOOKER T. WASHINGTON ALUMNI ASSOCIATION FOR ANNIVERSARY CELEBRATION ACCEPT BID OF RAINBOW DODGE FOR 165 POLICE PURSUIT VEHICLES AND 38 POLICE PATROL VEHICLES FROM REGENCY DODGE, INC. pgM 4 OF 5� RETRIEVAL CODE No. 87-161 87-162 87-164 87-165 87-166 87-167 87-168 87-169 87-173 87-174 87-175 87-176 87-180 87-190 v el DOCUMENT INDEX AMEND EXISTING EASEMENT OF AIR RIGHTS AT 155 S, MIAMI AVENUE (TIBOR HOLLOWS PROPERTY) INCREASE CONTRACT OF MET CONSTRUCTION FOR ORANGE BOWL JOINT REPLACEMENT ACCEPT BID C.O.B.A.D. CONSTRUCTION CORPORATION FOR ORANGE BOWL PRESS BOX. RETREVAL CODE NO. 87-191 87-192 87-193