HomeMy WebLinkAboutCC 1984-02-09 MinutesCITY OF MIAMI
III
OF MEETING HELD ON February 9, 1984
(REGULAR)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HAL L
RALPH G.. ONGIE
CITY CLERK
1
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INANTEM No. S�.B,�CT OWTIm
REGULAR-FEBRUARY 9/84
PAGE NO
1
MOTION OF CONDOLENCES TO THE FAMILY OF METRO COMMISSIONER
BARRY SCHREIBER CONCERNING DEATH OF HIS FATHER
R-84-131
1-2
2
ALLOCATE AN AMOUNT NOT TO EXCEED $4,400. TO USE AS PARTIAL
FUNDING TO RAISE A SUNKEN VESSEL PURSUANT TO A REQUEST BY
SOUTH FLORIDA ANGLERS ASSOCIATION AND DADE SPORTS FISHING
COUNCIL.
M-84-132 .
23 "
3
OFFICIALLY ACCEPTING A CHECK FROM COMMISSIONER J.L. PLUMMER
FROM AN OVERAGE IN HIS CAMPAIGN CONTRIBUTIONS ACCOUNT FROM
1983
R-84-133
3-4
3.1
AUTHORIZE CITY MANAGER TO ALLOCATE THE AMOUNT OF
$1,432.52 WHICH CONTRIBUTION WAS RECEIVED FROM COMMISSIONER
J.L. PLUMMER TO BE GIVEN TO THE JACKSON MEMORIAL HOSPITAL
BURN CENTER UNIT.
M-84-134
4-5
4
DISCUSSION OF FEDERAL REVENUE SHARING FUNDS FOR OVERTOWN
DADE CARE CENTER AND YOUTH CO-OP GROUP; REFERRED TO THE
CITY MANAGER.
DISCUSSION
5-6
5
BRIEF DISCUSSION ITEM: MIAMI METRO ACTION PLAN.
DISCUSSION
6
6
DISCUSSION ITEM CONCERNING PROPOSED PARKS BOND ISSUE
SPECIFYING PROJECTS (SEE LATER, SAME MEETING).
DISCUSSION
6-7
7
DISCUSSION ITEM AND ATTEMPTED MOTION TO POSTPONE ALL BOND
ISSUES UNTIL NOVEMBER, POSSIBLY REMOVING THE ORANGE BOWL
BOND ISSUE FROM THE MARCH 13TH BALLOT.
(BOTH MOTIONS FAILED.)
DISCUSSION
7-9
8
SECOND READING ORDINANCE: APPROPRIATE $35,000,000. FOR
IMPROVEMENTS IN BAYFRONT PARK, VIRGINIA KEY, ETC.
ORD. 9792
9-10
9
DISCUSSION ITEM AND PERSONAL APPEARANCE OF RINGO CAYARD
CONCERNING STAGING OF A HAITIAN CARNIVAL IN APRIL.
DISCUSSION
10-12
10
DISCUSSION ITEM: POLICE SERVICES AND OTHER REQUIRED IN -KIND
SERVICES FOR THE GRAND PRIX EVENT TO BE HELD IN FEBRUARY,
REQUESTING FROM THE CITY MANAGER AN ESTIMATE OF COST FOR
POLICE AND CLEAN-UP CREWS.
DISCUSSION
12-14
11
DISCUSSION ITEM: U.S. FOOTBALL LEAGUE.
DISCUSSION
15-17
12
(A) DISCUSSION OF POSSIBLE INVESTIGATION OF THE DISMISSAL
OF FORMER POLICE CHIEF KENNETH HARMS.
(B) REFER MATTER TO GRAND JURY.
(C) DISCUSSION OF COST AND REASONS FOR MANAGER REATINING
OUTSIDE COUNSEL.
DISCUSSION
18-28
13
DISCUSSION ON THE USE OF OUTSIDE COUNSEL.
DISCUSSION
28-32
14
ESTABLISH DATE FOR DEDICATION OF CURTIS PARK AND WEST
END PARK.
DISCUSSION
33
15
URGE METRO TO EXTEND ITS REGULATION OF FOR -HIRE VEHICLES
BY ENACTING ORDINANCES WHICH WOULD INCLUDE REGULATION
OF HUMAN -POWERED FOR -HIRE VEHICLES.
R-84-136
33-35
16
APPROVE USE OF SURPLUS FURNITURE FOR THE "STATUE OF
LIBERTY" PROJECT -LITTLE HAVANA OFFICE.
M-84-137
35-36
4 0
PAGE # 2
TEM NO.I REGULAR-FEBRUARY 9/84 SUCT
17
18
19
19-A
20
21
22
23
23.1
24
25
26
27
28
29
30
31
ACCEPT ADMINISTRATION'S RECOMMENDATION FOR SELECTION
OF LOCAL BOND COUNSEL AS CONTAINED IN MEMO FROM CITY
MANAGER THIS DATE.
AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH MARIL'
REED FOR POSSIBLE CONSULTANT SERVICES.
DISCUSSION OF TOWNHALL MEETINGS AND DECLARING THAT THE
MEETING WOULD START AT CITY HALL FROM 9:00 A.M. TO 1:00
P.M. AND RECONVENE AT REMOTE LOCATIONS AT 3:00 P.M.
PRESENTATIONS, PROCLAMATIONS, SPECIAL ITEMS.
RESOLUTIOF EXPRESSING DEEPEST SYMPATHY ON THE ULTIMELY
DEATH OF DANTE JON FASCELL, JR.
DISCUSSION ITEM CONCERNING STREET VENDORS.
DISCUSSION ITEM CONCERNING SIDEWALK CARES.
ACCEPT IN PRINCIPLE RECOMMENDATIONS FROM CITY
ADMINISTRATION CONCERNING STREET VENDORS IN CERTAIN
AREAS OF CITY FOR TRIAL PERIOD OF 6 MONTHS, ETC.
ACCEPT IN PRINCIPLE RECOMMENDATIONS FROM THE CITY'S
ADMINISTRATION CONCERNING SIDEWALK CAFES IN CERTAIN
AREAS OF THE CITY.
WAIVE REQUIREMENT FOR SEALED BIDS FOR FURNISHING AUTOMOTIVE
PARTS FOR THE DEPARTMENT OF BUILDING AND VEHICLE
MAINTENANCE.
CONFIRM ASSESSMENT ROLL FOR PINES SANITARY SEWER
IMPROVEMENT SR-5450-S.
CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF PINES SANITARY
SEWER IMPROVEMENT SR-5450-C.
ORDERING RESOLUTION WEST FLAGLER STREET SANITARY SEWER
IMPROVEMENT PHASE II-SR-5495-C.
DIRECT CITY CLERK TO PUBLISH NOTICE OF PUBLIC HEARING
OBJECTIONS TO THE ACCEPTANCE OF COMPLETED WORK "CENTRAL
SANITARY SEWER IMPROVEMENT SR-5481-C.
WAIVE REQUIREMENTS OF SECTION 2-302 OF THE CODE TO PERMIT
PATRICK WHITE, AN APPOINTED MEMBER OF AFFIRMATIVE ACTION
BOARD, TO PARTICIPATE IN MULTI -FACILITY REHAB. PROGRAM.
RATIFY BY FOUR/FIFTHS AFFIRMATIVE VOTE REQUIREMENTS
FOR FORMAL SEALED BIDS FOR ELEVEN (11) POLICE MOTORCYCLE
RADIOS.
RATIFY BY FOUR/FIFTHS VOTE ACTION OF CITY MANAGER TO WAIVE
REQUIREMENT FOR COMPETITIVE FORMAL SEALED BIDS FOR PURCHASE
OF ONE ON-LINE DISK PACK MANAGEMENT SYSTEM AND ONE ON-LINE
JOB SCHEDULE AND MONITORING SYSTEM FOR DEPARTMENT OF
COMPUTERS.
I MNCE
SOLUTION
M-84-138
PAGE NO$
36-38
M-84-139 38-42
M-84-140 42-45
DISCUSSION 45-46
R-84-141 46
DISCUSSION 47-51
DISCUSSION 51-53
M-84-142 53-54
fM-84-143
R-84-144
IR-84-145
IR-84-146
R-83-147
MR-84-148
IR-84-149
-150
4-151
54-55
55-56
56-57
57-58
58
59
60
61
62
J
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TEM NO.I REGULAR- FEBRUARY 9/84 SMCT
32
33
34
35
36
37
38
39
m
41
42
43
44
45
it a
DISCUSSION AND WITHDRAWAL OF AGENDA 13, WAIVING FORMAL
COMPETITIVE -SEALED BIDS PROCEDURE FOR ACQUISITION OF
SERVICES FROM MIAMI CAPITAL DEVELOPMENT, INC.
AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH COCONUT
GROVE CARES, INC.FOR OPERATION OF THE ELIZABETH
VIRRICK BOXING GYM.
CONFIRM ACTION OF THE CITY MANAGER IN HIS ALLOCATION OF
$5,355 FROM EXISTING PROJECT BALANCES TO COCONUT GROVE
CARES, INC.
EMERGENCY ORDINANCE: APPROPRIATE $58,400. TO MIAMI STADIUM
CONCERT STAGE CAPITAL PROJECT.
LONG DISCUSSION ITEM CONCERNING PROPOSED ACCEPTANCE OF THE
BOOZ-ALLEN HAMILTON REPORT REGARDING PROPOSED
REORGANIZATION OF THE MIAMI POLICE DEPARTMENT.
APPOINT J. EDWARD J. HOUSTON, ALEXANDER MAC.WOLFE, HOWARD
R. SCHARLIN, AND W. STANLEY DODD, JR. TO SERVE AS MEMBERS
OF THE DOWNTOWN DEVELOPMENT AUTHORITY.
DISCUSSION ITEM CONCERNING APPOINTMENTS TO THE AFFIRMATIVE
ACTION ADVISORY BOARD.
PERSONAL APPEARANCE: REPRESENTATIVES OF THE GOOMBAY
FESTIVAL TO BE HELD IN JUNE. MATTER REFERRED TO THE CITY
MANAGER.
EMERGENCY ORDINANCE: APPROPRIATION $600,000 FROM STORM
SEWER GENERAL OBLIGATION BOND FUNDS ESTABLISHING THE LE
JEUNE STORM SEWER PUMP STATION AND FLAGLER STORM SEWER
MODIFICATIONS.
APPROVE IN PRINCIPLE THE CONCEPT OF PUBLIC OBSERVATION PI
AND ADJACENT ARTIFICIAL REEFS TO BE DONATED BY THE HAMILT
CORPORATION IN MAGNOLIA PARK.
APPROVE MOST QUALIFIED CONSULTING FIRMS FOR PROFESSIONAL
SERVICES FOR RENOVATION OF BLUE LAGOON PARK. .
AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH ALBERT R.
PEREZ, P.A., FOR PROFESSIONAL SERVICES RELATED TO THE
CHARLES HADLEY PARK RENOVATION PROJECT.
APPROVE IN PRINCIPLE THE "HAITIAN NEEDS AD HOC
RECOMMENDATIONS, FOR AN AREA GENERALLY BOUNDED BY
BISCAYNE BOULEVARD, FLA. EAST COAST RAILROAD ON THE
EAST; N.W. 7TH AVENUE ON WEST; N.W. 36 STREET ON SOUTH
AND LITTLE RIVER CANAL/N.W. 90 ST. ON NORTH.
APPROVE IN PRINCIPLE EDISON CENTER BUSINESS DISTRICT -
ECONOMIC DEVELOPMENT STRATEGIES IN SUBSTANTIALLY FORM
PRESENTED (AREA GENERALLY BOUNDED BY INTERSTATE-95 ON
EAST, N.W. 10 AVENUE ON WEST; N.W. 74 STREET ON NORTH
AND N.W. 58 STREET ON SOUTH; ETC.
PAGE # 3
&I MNCE
MSOWION NO
DISCUSSION
R-84-152
R-84-153
EMERGENCY
ORD. 9793
DISCUSSION
R-84-154
DISCUSSION
DISCUSSION
EMERGENCY
ORDINANCE
#9794
R-84-155
R-84-156
R-84-15 7
R-84-158
R-84-159
PAGE NO$
63-64
65=66
67
68
69-92
92-93
93-97
97-99
99-100
100-103
103-104
104-10!
105-13
P
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� I��ti i. 1 �••v� 1. 1.
TEM NO.I REGULAR-FEBRUARY 9/84 S&M
46
47
47.1
47.2
47.3
47.4
47.5
47.6
47.7
47.8
47.9
47.10
47.11
47.1
47.1
47.14
47.15
47.16
47.17
APPROVE ONE YEAR EXTENSION OF EMPLOYMENT FOR OSCAR DIAZ,
PROPERTY SPECIALIST I, DEPARTMENT OF POLICE.
CONSENT AGENDA: (ITEMS 65, 67 and 79 WERE PULLED)
ACCEPT BID: JOE REINERTSON EQUIPMENT COMPANY - LYNWOOD
SANITARY SEWER IMPROVEMENT DISTRICT SR-5487-C & S
GRANTING DADE COUNTY A QUIT CLAIM DEED FOR HIGHWAY
PURPOSES BETWEEN N.W. 2ND AVENUE AND N.W. 3RD AVENUE.
AUTHORIZE CITY OF MIAMI TO ACCEPT TEN DEEDS OF DEDICATION
FOR HIGHWAY PURPOSES.
ACCEPT BID: CALLIES ELECTRIC, INC. - FIRE STATION NO. 1
EMERGENCY GENERATOR.
RATIFYING, APPROVING, AND CONFIRMING THE ACTION OF THE
CITY MANAGER IN AUTHORIZING AN ALLOCATION OF $5355.00 TO
COCONUT GROVE CARES, INC.
AUTHORIZING AND IDRECTING CITY MANAGER TO ALLOCATE AN
AMOUNT NOT TO EXCEED $250,000. IN CONNECTION WITH THE
SPONSORING OF CITY FESTIVALS AND/OR EVENTS.
RATIFYING, APPROVING AND CONFIRMING ALLOCATION OF AN
AMOUNT NOT TO EXCEED $10,000. TO THE MIAMI GRAND PRIX
FOLKLORE FESTIVAL TO BE HELD FEBRUARY 19, 1984.
RESOLUTION SUPPORTING 6TH ANNUAL COCONUT GROVE BEDS RACE,
WHICH IS TO BE HELD MAY 20, 1984.
AUTHORIZE CITY MANAGER TO EXPEND $41,389.65 TO REIMBURSE
THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM
(SFETC) FOR 1974-77 CETA AUDIT DISALLOWANCES.
AUTHORIZE FINANCE DIRECTOR TO PAY TO SECUNDINA TEMBRAS
THE SUM OF $12,000.00 AND TO DAISY GINORIS THE SUM OF
$30,000.00 AND TO FLORENTINE PEREZ THE SUM OF $10,000.00.
AUTHORIZE FINANCE DIRECTOR TO PAY TO MARIA J. FERNANDEZ,
THE SUM OF $25,000.00.
ACCEPT BID: JULES BROTHERS UNIFORMS, INC.-UNIFdRMS-
ACCEPT BID: LITTON OFFICE PRODUCTS AND THOMAS W. RUFF AND
COMPANY OFFICE FURNITURE AND MODULAR WORK STATIONS.
ACCEPT BID: A.M: INTERNATIONAL, INC. - ONE (1)
PHOTOTYPESETTER AND PROCESSOR SYSTEM.
ACCEPT BID: RADIATOR KING, INC. AND A & A GLASS AND MIRROR
AUTOMOTIVE RADIATOR AND GLASSES REPAIR SERVICES.
ACCEPT BID: THOMAS W. RUFF AND COMPANY - FIVE (5) DESKS
AND 22 CHAIRS FOR FIRE STATIONS.
ACCEPT BID: BRUNING - BLUE PRINT REPRODUCTION PAPER,
PAGE # 4
�RD1NANCE i
IESOWTION
R-84-160
R-84-161
R-84-162
R-84-163
R-84-164
PREVIOUSLY
,PASSED AS
,PASSED
. #84-153
R-84-166
R-84-167
R-84-168
R-84-169
R-84-170
R-84-171
R-84-172
R-84-173
R-84-174
R-84-175
R-84-176
R-84-177
PACE N0,
112
113
113
113
114
114
114
114
115
115
115
116
116
116
116
117
117
117
117
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III
� 1�'1 `� i 1 � �� 1' 1•
TEM NO.1 REGULAR-FEBRUARY 9/84 MacT
47.18 AUTHORIZE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH MORTY FREEDMAN AND ASSOCIATES
INC. TO COORDINATE THE "1984 INTERNATIONAL FESTIVAL".
47.19
47.20
47.21
48
49
50
51
52
53
54
55
56
57
58
AUTHORIZE ALLOCATION NOT TO EXCEED $34,000. IN CONNECTION
WITH THE INTERNATIONAL FESTIVAL.
WAIVING RENTAL FEE OF BAYFRONT PARK AUDITORIUM ON MARCH
3, 1984, 1:30 P.M. TO 5:00 P.M., FOR THE AFL-CIO NATIONAL
CONFERENCE.
PAGE # 5
rou�rt�ar�� PAGE N0,
R-84-178 118
R-84-179 118.
R-84-180
AUTHORIZE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED
$5,500. TO COVER THE COST OF IN -KIND SERVICES FOR POLICE
AND SANITATION IN CONNECTION WITH THE PARADE HELD ON
JANUARY 12, 1984, IN CELEBRATION OF THE MIAMI HURRICANES
VICTORY AT THE ORANGE BOWL. I R-84-181
118
118
AUTHORIZE CITY MANAGER TO REDUCE 10 PERCENT RETAINAGE ON TH
AUBURN SANITARY SEWER IMPROVEMENT PROJECT TO 2.5 PERCENT. I R-84-182 119
ACCEPT BID: DIETCRAFT, INC. FOR DAY CARE AND PRE-SCHOOL
PROGRAMS. R-84-183 120
ALLOCATE $157,540. TO PREVIOUSLY APPROVED SOCIAL SERVICE
AGENCIES AS AMENDED WITH INSTRUCTIONS TO CITY MANAGER
CONCERNING FUNDING FOR "OVERTOWN DAYCARE", "YOUTH
CO-OP" AND "ACTION". I R-84-184 121-124
PERSONAL APPEARANCE: MR. JOHN MORGAN, OF UP -GROVE THEATRE -
REFERRED TO THE CITY MANAGER. I DISCUSSION 124-125
APPOINT THREE INDIVIDUALS TO SERVE AS MEMBERS OF THE CITY
OF MIAMI CIVIL SERVICE BOARD. I R-84-185 125-126
APPOINT CERTAIN INDIVIDUALS TO THE CITY OF MIAMI CODE
ENFORCEMENT BOARD. I R-84-186 125-126
EMERGENCY ORDINANCE: APPROPRIATE FOR THE BUILDING AND VEHICL EMERGENCY
MAINTENANCE DEPARTMENT THE AMOUNT OF $94,311.00 TO PROVIDE ORDINANCE
SUPPLEMENTARY FUNDING FOR THE IMPLEMENTATION OF THE MOTOR #9795
VEHICLE MAINTENANCE SYSTEM. 126-128
EMERGENCY ORDINANCE: ESTABLISH SPECIAL REVENUE FUND -CITY OF EMERGENCY
MIAMI CONVENTION BUREAU -EXTENDED PROMOTIONAL ACTIVITIES. ORDINANCE 128-129
#9796
SECOND R-ADING ORDINANCE: AMEND SECTION 39-15 OF CHAPTER 39
OF THE CODE ENTITLED: "PEDDLERS, ITINERANT MANUFACTURERS,
LOCKSMITHS AND TOOL GRINDERS, ICE CREAM VENDORS, ETC. JORD. 9797 1 129-130
SECOND READING ORDINANCE: AMEND SECTION 2-308
"DISCLOSURE OF PARTIES AND INTERESTS BY PERSONS MAKING
PRESENTATIONS, REQUEST, ETC, TO THE CITY COMMISSION OR
BOARDS". ORD. 9798 130-131
SECOND READING ORDINANCE: AMEND SECTION 53-151 OF THE CODE
WHICH PERTAINS TO PROCEDURES AND USE CHARGES AT THE
MUNICIPAL AUDITORIUM AND THE COCONUT GROVE EXHIBITION CENTER. ORD. 9799 1 131
I
4
0
111
TEM NO. REGULAR-FEBRUARY 9 /84 SMCTM
$O(,jf T idR)
PAZ Ha,
59 SECOND READING ORDINANCE: AMEND SECTION 19-45.
PARA"B'qF THE CODE DEALING WITH FEES FOR FURNISHING
REPORTS TEAT ARE PUBLIC RECORD.
ORD. 9800
132
60 EMERGENCY ORDINANCE: AMEND SECTION 1 ORDINANCE 8835
EMERGENCY
WHICH ESTABLISHED A TRUST AND AGENCY FUND ENTITLED:
ORDINANCE
ORDINDIN
"POLICE SECOND DOLLAR TRAINING" BY INCREASING THE
�� 9801
APPROPRIATION.
132
61 SECOND READING ORDINANCE: AMEND ORDINANCE 9478 WHICH
ESTABLISHED A TRUST AND AGENCY FUND ENTITLED
"RECREATIONAL ACTIVITY" INCREASING THE APPROPIRATED
FUNDS.
ORD. 9802
133-134
62 FIRST READING ORDINANCE: AMEND SECTION 1 OF ORDINANCE
9690 BY INCREASING APPROPRIATIONS FOR "APPRENTICESHIP
FIRST
PROGRAM-FY-'84 AND "COMPREHENSIVE JOB TRAINING
READING
PROGRAM FY-'84".
134-135
63 FIRST READING ORDINANCE: AMEND SECTION 1 OF ORDINANCE
8719-TRUST AND AGENCY FUND ENTITLED "INTERNATIONAL
FIRST
TRADE PROMOTION PROGRAM" CONCERNING CITY'S PARTICIPATION
READING
135
IN THE "INTERNATIONAL TRADE FAIR" IN SANTIAGO DE CHILE.
64 AUTHORIZE CITY MANAGER TO EXECUTE AMENDED AGREEMENT WITH
O'LEARY, SHAFFER, CASIO, P.A., LANDSCAPE ARCHITECTS,
LAND PLANNERS TO PROVIDE ADDITIONAL PROFESSIONAL
SERVICES FOR RENOVATION OF MOORE PARK.
R-84-187
136-137
65 AUTHORIZE CITY MANAGER TO EXECUTE CONTRACT WITH "MULTI-
IMATE GROUP, INC." FOR PREPARATION OF PROMOTIONAL SLIDE
SHOW FOR THE "SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT PROJECT.
R-84-188
137-139
66 AUTHORIZE CITY MANAGER TO NEGOTIATE AND EXECUTE CONTRACT
WITH ZUCHELLI, HUNTER AND ASSOCIATES TO PROVIDE
PROFESSIONAL SERVICES IN AREA OF URBAN DEVELOPMENT
ACTION GRANT CONSULTING SERVICES.
R-84-189
139-140
67 URGE METROPOLITAN DADE COUNTY TO REVISE SOUTH FLORIDA
BUILDING CODE TO INCORPORATE MORE SPECIFIC REQUIREMENTS
AND SAFEGUARDS FOR STORAGE OF PILED MATERIALS.ON
CONSTRUCTIONS SITES.
R-84-190
141
68 AMEND OVERTOWN URBAN INITIATIVES PROJECT OWNERS'
PARTICIPATION PLAN, POLICIES AND PROCEDURES.
R-84-191
142
69 DIRECT CITY MANAGER TO ALLOCATE AMOUNT NOT TO EXCEED
$1,550. IN A VENTURE WITH ACKERLY COMMUNICATIONS
RE: PROMOTION OF THE WORLD CHAMPIONS - THE BALTIMORE
ORIOLES.
M-84-192
142-14
70 AUTHORIZE CITY MANAGER TO ALLOCATE $1,500. FOR BILLBOARD
PROMOTIONAL ADVERTISING IN CONJUNCTION WITH BUDWEISER
AND THE FORTHCOMING GRAND PRIX.
M-84-193
143-1t
71 AUTHORIZE DIRECTOR OF FINANCE TO PAY TO ROSIBEL SAAVEDRA
AS PERSONAL REPRESENTATIVE OF ROSENDO SAAVEDRA
$625,000.00 IN CLAIM SETTLEMENT.
R-84-194
144-1
72 DIRECT CITY MANAGER TO ALLOCATE AN AMOUNT OF NOT TO
EXCEED $3,000. TO THE PUERTO RICAN OPPORTUNITY CENTER
ONCE ADMINISTRATION VERIFIES GRANT RECEIVED FROM L14TED
M-84-195
146-;
4 0
11�
Cj;' STjJfVf . &DA PAGE # 7
��yy��,�JG
PAGE NO$
TEM N0.
REGULAR- FEBRUARY 9/84 �71CT
RestoNumnion�°�o
73
NOMINATE AND APPOINT CERTAIN INDIVIDUALS AS MEMBERS OF THE
CITY OF MIAMI-UNIVERSITY OF MIAMI JAMES L. KNIGHT
INTERNATIONAL CENTER ADVISORY COMMITTEE.
R-84-196
147
74
CONFIRM SELECTION OF INDIVIDUALS BY CERTAIN BARGAINING
REPRESENTATIVES AS MEMBERS OF THE CITY OF MIAMI AFFIRMATIV
ACTION ADVISORY BOARD.
R-84-197
148
75
APPOINT MR. MODESTO MORA AS A MEMBER OF THE "CITY OF MIAMI
HEALTH FACILITIES AUTHORITY".
R-84-198
148-149
76
APPOINT MR. T. WILLARD FAIR AS A MEMBER OF THE "CITY OF
MIAMI HEALTH FACILITIES AUTHORITY".
R-84-199
150
77
APPOINT CERTAIN INDIVIDUALS TO THE CITY OF MIAMI COMMISSIO
ON THE STATUS OF WOMEN.
R-84-200
150-151
78
APPOINT CERTAIN INDIVIDUALS TO SERVE ON THE ARTS IN PUBLIC
PLACES COMMITTEE.
R-84-201
151-152
79
ACCEPT PLAT ENTITLED: "RIVERFRONT CENTER"
R-84-202
152-153
80
CONTINUED DISCUSSION DISMISSAL OF FORMER CHIEF KENNETH
HARMS CLARIFICATION OF LANGUAGE. REFER MATTER TO STATE
ATTORNEY JANET RENO AND RESCINDING EARLIER MOTION.
M-84-203
154-164
M-84-204
81
DISCUSSION ITEM OF FURTHER CLARIFICATION OF MOTION TO BE
SENT TO STATE ATTORNEY JANET RENO, ESQ. CONCERNING
THE DISMISSAL OF FORMER CHIEF OF POLICE KENNETH HARMS.
DISCUSSION
166
82
EMERGENCY ORDINANCE: APPROPRIATE ANTICIPATED REVENUES FROM
EMERGENCY
THE PROCEEDS OF THE PROPOSED SALE OF THE $20,000,000.
ORDINANCE
POLICE HEADQUARTERS AND CRIME PREVENTION OBLIGATION BONDS.
# 9803
166-168
83
EMERGENCY ORDINANCE: AMEND ANNUAL EXISTING CAPITAL
EMERGENCY
IMPROVEMENT APPROPRIATIONS ORDINANCE BY INCREASING
ORDINANCE
APPROPRIATIONS FOR SWIMMING POOLS RENOVATIONS.
#9804
168-169
84
FINAL CLARIFICATION OF MOTION CONCERNING THE DISMISSAL OF
FORMER POLICE CHIEF KENNETH HARMS.
DISCUSSION
170-171
85
INDUCING THE WITHIN -NAMED PROJECT SPONSORS TO INCUR
CERTAIN COSTS WITH RESPECT TO CERTAIN MULTI -FAMILY RENTAL
1
HOUSING DEVELOPMENTS.
R-84-205
171
86
CLARIFICATION OF THE PROPOSED TOWN HALL MEETINGS DISCUSSION
STIPULATING THEY WOULD NOW BEGIN IN APRIL OF 1984.
DISCUSSION
172
A
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 9th day of February, 1984, 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 9:20 A.M., by Mayor Maurice Ferre with
the following members of the Commission found to be present:
ALSO PRESENT WERE:
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
Howard V. Gary, City Manager
Jose Garcia -Pedrosa, City Attorney
Ralph G. Ongie, City Clerk
Matty Hirai, Assistant City Clerk
ABSENT: Commissioner Joe Carollo
An invocation was delivered by Mayor Maurice A. Ferre, (tio then
led those present in a pledge of allegiance to the flag.
On motion duly made and seconded by the City Commission, the Minutes
for the meeting(s) of November 16, 1983 and Planning & Zoning of October
27, 1983 and November 18, 1983 were approved.
--------------------------------------------------------------------------
1. MOTION OF CONDOLENCES TO THE FAMILY OF METRO COMMISSIONER BARRY
SCHREIBER CONCERNING DEATH OF HIS FATHER.
Mayor Ferre: Now will take up pocket items, Mr. Plummer.
Mr. Plummer: Mr. Mayor, first and foremost, I would make a motion that
this Commission spread across its minutes and forward to the family of
Commissioner Barry Schreiber, the appropriate resolution at the passing
of his father. I so offer that in the form of a motion.
Mr. Dawkins: Second.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 84-131
A RESOLUTION EXPRESSING THE DEEPEST SYMPATHY AND
SINCEREST CONDOLENCES OF THE CITY COMMISSION ON
BEHALF OF THE CITY OF MIAMI AND ITS CITIZENS TO
THE FAMILY AND FRIENDS OF CHARLES SCHREIBER UPON
HIS DEATH.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
sl n
Ul FEB
91984
4
Upon being seconded by Commissioner Dawkins, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
2. ALLOCATE AN AMOUNT NOT TO EXCEED $4,400 TO USE AS PARTIAL FUNDING TO
RAISE A SUNKEN VESSEL PURSUANT TO A REQUEST BY SOUTH FLORIDA ANGLERS
ASSOCIATION AND DADE SPORTS FISHING COUNCIL.
Mr. Plummer: Mr. Mayor, I have been approached by the people of the
South Florida Anglers. I don't see them right now; yes, they're here.
There has been a problem existing in Watson Island for some years in
reference to a boat that is 56 feet that is sunk in the bay and there
have not been the funds available. The South Florida Anglers are willing
to come with the difference of the price of $10,000 if we would put up
$4,400. Under normal circumstances this removal would cost the City
around $30,000. The immediate reaction that I had was to go after the
owner of the boat, who I am told is a fugitive from justice for many
years. I think, Mr. Mayor, this is a way for the City to accept this
kind offer and money from the State of Florida for the removal of that
vessel. It is my understanding that they have talked this matter over
with the Administration, and you are in concurrence that we put up
$4,400 and they will put up the balance. If that is the case, Mr.
Mayor, because of the new....
Mayor Ferre: J.L. get it on the record from Howard.
Mr. Plummer: Mr. Gary.
Mr. Gary: Mr. Mayor, members of the Commission, we have been in discussion
with a number of parties regarding this issue and we concur with what
Commissioner Plummer is recommending.
Mr. Plummer: So I then move, Mr. Mayor, that we accept their kind offer.
The gentlemen that are here are Mr. John Brennan, the Chairman of our
Waterfront Board and Mr. Carl Lieberman, representing the Anglers...
say it louder so we can get it on the record.
INAUDIBLE RESPONSE
Mayor Ferre: Dade Sports Fishing Council.
Mr. Plummer; Right, and Mr. Gary, I would hope that once this is
accomplished, that this City would send them an appropriate thank you
for their participation in assisting in a job that needed to be done.
I make it in the form of a motion.
Mr. Dawkins; Second.
Mayor Ferre: Further discussion? Moved by Plummer; second by Dawkins.
Call the roll.
az
sl
FES 91984
10 9
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION 84-132
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER
TO ALLOCATE AN AMOUNT NOT TO EXCEED $4,400 TO BE USED
AS PARTIAL FUNDING TO RAISE A SUNKEN VESSEL PURSUANT
TO REQUEST MADE BY THE SOUTH FLORIDA ANGLERS ASSOCIATION
AND THE DADE SPORTS FISHING COUNCIL.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
3. OFFICIALLY ACCEPTING A CHECK FROM COMMISSIONER J.L. PLUMMER FROM
AN OVERAGE IN HIS CAMPAIGN CONTRIBUTIONS ACCOUNT FROM 1983
Mr. Plummer: Mr. Mayor, my final pocket item this morning, I will read
into the record and then I would ask for two resolutions. Mr. Gary, are
they ready? As I did four years ago, Mr. Mayor, I was fortunate enough
to have a surplus in my campaign account. According to the Florida State
election laws, I have written a letter to Mr. Ralph Ongie, pursuant to
the Florida Statutes and the Chapter as it relates to the deposition of
surplus funds. Please find my check in the amount of $1,432.52 made out
to the City of Miami General Fund. It is my request, as in the previous
election, that this money be donated to the University of Miami Jackson
Memorial Hospital Burn Center Unit, according to the procedures that are
correct, Mr. Mayor, a motion would be in order that that money be accepted
by the City, and then a second resolution authorizing the City to proceed
to make those monies available to the Burn Unit at Jackson. I would offer
the first motion, Mr. Mayor, that the check be accepted.
Mayor Ferre: It has been moved by Plummer. Second by Dawkins. Further
discussion? Call the roll.
03 FEB s 1984
si
9
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 84-133
A RESOLUTION AUTHORIZING THE CITY MANAGER AND THE
DIRECTOR OF FINANCE TO ACCEPT THE SUM OF $1,432.52
FROM SURPLUS CAMPAIGN CONTRIBUTIONS OF COMMISSIONER
J.L. PLUMMER, FURTHER REQUESTING THE CITY MANAGER
TO ALLOCATE SAID SUM FOR THE PURPOSE OF MAINTAINING
THE BURN UNIT AT JACKSON MEMORIAL HOSPITAL, TO
RELIEVE THE PAINFUL CONDITION OF BURN VICTIMS,
INCLUDING CITY EMPLOYEES AND CITY OF MIAMI FIREFIGHTERS.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
3.1 AUTHORIZE CITY MANAGER TO ALLOCATE THE AMOUNT OF $1,432.52 WHICH
CONTRIBUTION WAS RECEIVED FROM COMMISSIONER J.L. PLUMMER TO BE
GIVEN TO THE JACKSON MEMORIAL HOSPITAL BURN CENTER UNIT.
Mr. Plummer: The second motion, in compliance with my request and
hopefully would be honored by my fellow Commissioners, that this
amount of money be forwarded to the Jackson Memorial Hospital Burn
Center Unit and that the appropriate party be at the next Commission
meeting to receive that check from the City.
Mr. Dawkins: Second.
Mayor Ferre: Seconded by Dawkins. Further discussion? Call the roll.
Ll
11)
sl
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION 84-134
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER
TO ALLOCATE THE AMOUNT OF $1,432.52 AS A CONTRIBUTION
TO THE JACKSON MEMORIAL HOSPITAL BURN CENTER UNIT,
RECEIVED AS A DONATION FROM COMMISSIONER J.L. PLUMMER'S
CAMPAIGN ACCOUNT OVERAGE.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
4. DISCUSSION OF FEDERAL REVENUE SHARING FUNDS FOR OVERTOWN DADE CARE
CENTER AND YOUTH CO-OP GROUP; REFERRED TO THE CITY MANAGER
Mr. Perez: The only pocket item that I have, Mr. Mayor, is a letter that
I received a few minutes ago from the Catholic Community Services in
reference to an appearance for Revenue Sharing Funds for C.C.S. Overtown/
Daycare. I would like to transfer this petition to the Administration
in order that they make the proper recommendations. That's all. That's
the only item that I have.
Mayor Ferre: Let the record reflect that we've all received a similar
letter, we'll put it into the record. Would you give it to the City
Manager? I'll give it to the Clerk. I'll read it.
"As a follow-up letter to the January 26 concerning Overtown
Day Care Center, I learned that late last Thursday, January 28,
at the end of the City Commission meeting, you introduced as a
pocket item the subject of the few programs pending for funds.
Funds were assigned for several programs, but not for Overtown
Day Care. Was this an oversight?
Once again I am appealing for the Commission's reconsideration
to continue the needed financial assistance to this program in
which about 95% of the children served are hlack from the northern
area of the City.
Please advise any other specific steps that we should take
to let you and the other Commissioners know the dire need that
Overtown has for the continued City of Miami support.
With every good wish, I am
Sincerely yours,
Monsignor Bryan 0. Walsh"
Executive Director
Catholic Cbmmunity Services Central Of
nr% FEB 91964
Ilk
9
Mr. Perez: I would like to leave on record that we have received
a similar petition from the Youth Co -Op Group for you approve a
resolution that we are going to discuss today, we can include the
Youth Co -Op in that petition. I would like to call the Administration
in reference that have in consideration the petition that the Youth
Co -Op Group made for...appear for Federal Revenue Sharing. I think
that you have everything in record there.
5• BRIEF DISCUSSION ITEM: MIAMI-METRO ACTION PLAN.
--------------------------------------------------------------------------
Mayor Ferre: The matters that I have, Mr. Manager, we have the naming
of the City's full time staff personnel on M.M.A.P., as you saw the paper,
Merritt Stierheim appointed Ike Withers as the County's full time lone
executive. I'm sorry, Israel Milton. We need to get on with that and
Mr. McEwen has called my office to remind all of us that we need to get
that on. So, would you make that appointment as quickly as you can?
COMMISSIONER CAROLLO ENTERED THE MEETING AT 9:28 A.M.
6. DISCUSSION ITEM CONCERNING PROPOSED PARKS BOND ISSUE SPECIFYING
PROJECTS (See later, same meeting).
----------------------------------------------------------------------------
Mayor Ferre: Secondly, you have before us an ordinance, which should
be passed as an emergency ordinance that appropriates anticipated revenue
from the proceeds of the bond sales at $35,000,000, and it specifically
states that the $5,000,000 out of that $35,000,000 will go to Bayfront
Park, $5,000,000 will go to Virginia Key, and $5,000,000 for improvement
facilities in Coconut Grove. The only change that I would like to make
Mr. City Attorney, is park, recreational, and cultural activities. Do
you follow me, when you get down to Coconut Grove? I think it should
read park, recreation, and cultural activities in the Coconut Grove area.
The Overtown $10,000,000 is very clearly specified, as Park/West Overtown.
This, according to Bond Council, would clarify any future doubts, since
it was left rather open. Does anybody have any problems with this?
Mr. Plummer: Mr. Mayor, I just want to go on the record, as I did before,
but not as part of the resolution, that the $5,000,000 for Bayfront Park
is to be used as matching money, the source is unlimited as to where
the matching money can come from, but I will not put it in this ordinance,
but it is part of the minutes.
Mayor Ferre: I have no problem with that. Let the record so reflect.
With that as an amendment, is there a motion?
Mr. Carollo: Let me make sure that I understand them correctly, Mr.
Mayor. Out of the $5,000,000 for improvements of parks facilities in
the Coconut Grove area, is that the $5,000,000 that we put aside in
trying to acquire the Naval property here?
Mayor Ferre: Yes, it is.,
sl 06
FES 91984
1 0
Mr. Plummer: Joe, more importantly, I think is there is a remote posibility
that we can't acquire that. There is that remote, but I think that the
wording is now going to be broad enough, that if that were to die completely
that these monies could be used for other recreational facilities in the
Grove. That is the priority.
Mayor Ferre: Let's go over this, so we understand. The reason why this
comes up, is that in the ordinance that we've already passed, there is
no mention of a location. This is an attempt to make sure that we
memorialize what was the legislative intent. The strongest way to do
it is by way of this ordinance. Now, we can also, we don't have to get
into the question of the others, because the others are very clear. For
example, in the question of the Overtown, it specifically says Overtown/
Park West. Is that right, Mr. Manager? In the question of the Orange
Bowl, it is abundantly clear that it is to remodel, improve, and do what-
ever is necessary to build up the Orange Bowl to be a proper, obviously
first a football stadium, and if not, whatever kind of a facility that....
it may be we end up wanting to build a baseball stadium. But that gives
us that kind of flexibility. I think that is very clear in the legislative
intent. But this was not clear. Therefore, this clarifies this.
Mr. Dawkins: Mr. Mayor, does this have to come back this afternoon?
We have to change the wording, right?
Mayor Ferre: Well, all you have to do is add recreational and cultural.
If you want to bring it back....
Mr. Dawkins: No, no, but I would want for the City Attorney to bring
me one back spelling out that in the Police Bond issue, spell out the
legislative intent that up to $5,000,000 will be spent for a police
substation in Little Havana, and up to $5,000,000 for a police substation
in Liberty City.
Mr. Garcia -Pedrosa: Is that up to?
Mr. Dawkins: Yes.
Mayor Ferre: I will vote with that.
Mr. Dawkins: Bring it back this afternoon.
Mayor Ferre: Can we do this one now?
jjISCuSSION ITEh AND ATTEMPTED MOTION TO POSTPONE ALL BOND ISSUES UNTIL
7. NOVEMBER, POSSIBLY REMOVING THE ORANGE BOWL BOND ISSUE FROM THE MARCH
13TH_AALLQ2:a_U1QLh_mQtiana failed) ,----------------------------------
Mr. Perez: Could I make a legal question to the City Attorney? Mr.
City Attorney, I would like to ask you would it be legal to move a
motion to postpone all these bond issues for the November election?
Mr. Garcia -Pedrosa: Yes, sir, it would.
Mr. Perez: O.K., personally, Mr. Mayor, I don't think that this is
a good time to have a bond issue on March. Personally, I would like
to introduce a motion to postpone all of the bond issues for next
November.
Mayor Ferre: Is there a second? Do you want to discuss it?
Mr. Garcia -Pedrosa: May I clarify my answer, Mr. Mayor?
Mayor Ferre: I think out of fairness, we ought to discuss it so, let
the maker of the motion explain it. I don't think we need to get a
second. We don't need to,Set that formal on this thing. If you want
to explain the reasons beyond what you said, which you don't think is
a good time to do it.
sl 07 - FEB 91984
0 0
Mr. Perez: Personally, I think we have a lot of confusion in this
community on several issues that we are going to discuss. We would
have a better participation on the next November election. Personally,
from a personal point of view, I am very concerned about this election
and this issue in the next ballots in November. I would like to ask
him about that's a possibility, if we have a second to that motion.
Mayor Ferret All right, I'll ask for a second in a moment, but while
we are discussing this openly, Demetrio, bond issues in my opinion are
like haircuts. Once in a while, I get a haircut and when I go home my
wife gets very upset, because she says I look terrible; they cut too
much hair off. The good thing about it is it always grows back, or
at least most of it. Some of it hasn't grown back, but most of it
grows back. The good thing about bond issues is that if you lose
in March, you can always come back and do it again. I might point
out, as Southern Bell well knows, that we lost the Southern Bell
franchise vote twice, passed it on the third time around. We have
lost, for example, the housing bond issue, Metropolitan Dade County
lost it, and we passed it. So there is always another opportunity.
My personal opinion is if the die is cast on this, we're only basically
a month away, let's see what the will of the people is and then we'll
adjust the next one to what the will of the people may or may not be.
Mr. Carollo: When we brought up the three different bond issues at
the last Commission meeting, I was of the opinion, I still am, that
we are making a major mistake by placing the Orange Bowl issue together
with the Parks and Police issues. I think that out of all three of those
bond issues, that the one that stands the greatest possibility of being
defeated at the polls is the Orange Bowl Bond issue.
Mayor Ferret And it will take the other ones down you mean?
Mr. Carollo: Well, I would like to take the Orange Bowl issue down
and bring that up either in September or November, and take the other
two.
Mayor Ferret I'll accept that as a motion, let's take his motion.
Mr. Plummer: Clarification, it is my understanding that they are all
separate issues.
Mr. Carollo: That is correct. They are all separate issues, but what
I'm saying is....
Mr. Plummer: You are saying just remove the Orange Bowl, so in your
opinion, that's going to defeat them all.
Mr. Carollo: That is what I said the last time. I still feel that
was, J.L.
Mayor Ferret What we have now is a motion without a second to take
them all off. If that dies, then I'll accept your motion, Commissioner
Caroolo, on just removing one. Now, I think we all know what we're
talking about. Right? There is a motion on the floor made by Commissioner
Perez. Is there a second? Is there a second? Is there a second to the
motion? By having no second...
THEREUPON MOTION MADE BY COMMISSIONER PEREZ
TO REMOVE ALL BOND ISSUES FROM THE MARCH
ELECTION FAILED FOR LACK OF A SECOND.
Mayor Ferre: Now, I'll take up your motion.
Mr. Carollo: The motion to take the Orange Bowl Bond issue from the
March 13 ballot to place it either in September or November election
ballot.
Mayor Ferret The motion is clear. Is there a second?
Mr. Perez: Second.
no
va F E 9 91984
sl
11
Mayor Ferre: There is a second to the motion.
to the motion? Call the roll.
Is there further discussion
MOTION DEFEATED: On motion by Commissioner Carollo,
and seconded by Commissioner Perez, the foregoing
motion to postpone the Orange Bowl Bond issue to
September or November was defeated by the following vote:
AYES: Commissioner Joe Carollo
Vice Mayor Demetrio Perez, Jr.
NOES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Mayor Maurice A. Ferre
ABSENT: None.
8. SECOND READING ORDINANCE: APPROPRIATE $35,000,000 FOR IMPROVEMENTS IN
BAYFRONT PARK, VIRGINIA KEY, ETC.
--------------------------------------------------------------------------
Mayor Ferre: With regards to the ordinance that clarifies should the
$35,000,000 for parks pass, is there a motion to that?
Mr. Plummer: So move.
Mayor Ferre: Is there a second? Seconded, further discussion? Read
the ordinance. Further discussion? Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE APPROPRIATING ANTICIPATED
REVENUES FROM PROCEEDS OF THE PROPOSED SALE OF
$35,000,000 PARK AND RECREATION FACILITIES GENERAL
OBLIGATION BONDS FOR THE FOLLOWING PROJECTS:
$5,000,000 FOR IMPROVEMENTS IN BAYFRONT PARK;
$5,000,000 FOR THE VIRGINIA KEY PROJECT; AND
$5,000,000 FOR IMPROVEMENT OF PARK, RECREATIONAL
AND/OR CULTURAL FACILITIES IN THE COCONUT GROVE AREA.
Was introduced by Commissioner Plummer and seconded by
Commissioner Carollo 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 Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
09
sl FEB 91984
0 0
Whereupon the Commission on motion of Commissioner Plummer and
seconded by Commissioner Carollo, adopted said Ordinance by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9792
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Com-
mission and to the public.
Mayor Ferre: Let the record reflect that Commissioner Dawkins is
bringing up as a pocket item, but we have to wait until it is
written, the clarification on the police substations for Little
Havana and Liberty City.
--------------------------------------------------------------------------
9- DISCUSSION ITEM AND PERSONAL APPEARANCE OF RINGO CAYARD CONCERNING
STAGING OF A HAITIAN CARNIVAL IN APRIL.
--------------------------------------------------------------------------
Mayor Ferre: I have two more pocket items. One is Ringo Cayard, of
Haitian Carnivals. Mr. Cayard, would you step forward and explain
your problem? This deals with the Bayfront Park use, which we have
already approved, as I recall it. Haven't we?
Mr. Ringo Cayard: Yes.
Mayor Ferre: April 21? Go ahead.
Mr. Ringo Cayard: My name is Ringo Cayard, 5700 N.W. 2nd Avenue. The
City granted us $19,000 for the Carnival. We got $25,000 from the private
sector. We are asking the use -of the Bayfront Park Auditorium and the
in -kind services, such as police officers and sanitation in order to
have events right after the carnival.
Mayor Ferre: We have already approved the use of the auditorium.
Mr. Cayard: No, no, they told me to come back.
Mayor Ferre: You want us to come back to do what?
Mr. Cayard: They told me to come back on the following session for the
use of the auditorium and in -kind.
Mayor Ferre: So what do we need to do now? Ask the Manager if he
approves?
Mr. Gary: Mr. Mayor, this is the first time that I'm hearing about this.
I need to review it ... what his recommendation is.
Mayor Ferre: We have until April, right?
Mr. Cayard: Yes, but we'have to make reservations for the band, send in
a deposit and a ticket airline.
w
sl FEB 91984
2-22
0
0
Mayor Ferre: I mean we are now February 19th. Can it wait until
February 28th.
Mr. Cayard: Not really, because we have to send a deposit long before.
Mayor Ferre: Well, I think it needs the Administration's input, because
that is the rule of the Commission, that we are not going to pass anything
that costs money without the Administration having an opportunity to
review it.
Mr. Cayard: All we need is the use. If they want to send us back to....
Mayor Ferre: That may be. Mr. Manager.
Mr. Gary: Mr. Mayor, we have combined the money for two carnivals and
gave it to his organization. They do have money. What we have to do
is look at what the intent of the money was to determine whether or not
this will be a duplicative cost or not. I cannot give you that at the
top of my head. You already supported the carnival by combining to...
something that is very minor... What I would recommend, Mr. Mayor, is
that you authorize this subject to the fact that it is not a duplicative
cost.
Mayor Ferre: Is there a motion to that effect? Now the Manager has
recommended it. Plummer moves. Is there a second?
Mr. Carollo: What is the total amount?
Mayor Ferre: Mr. Manager, what is the total amount?
Mr. Gary: I don't know, Mr. Mayor.
Mr. Dawkins: $19,000 and change.
Mr. Plummer: Woa! It is not $19,000 for the waiver of Bayfront Park
Auditorium for a dance!
Mayor Ferre: That's why I'm asking.
Mr. Carollo: $1,900.
Mr. Cayard: No, the Bayfront is $2,000 and the police were asking
$6,500.
Mayor Ferre: $6,500?
Mr. Cayard: That is what they were asking, but I don't think we need
that many officers, really.
Mr. Plummer: For a dance?
Mr. Cayard: No, no, I'm talking about the whole carnival.
Mr. Plummer: No,•wait a minute. Mr. Gary has indicated that the monies
of the combined carnivals for the carnival is one thing. It is my
understanding you are standing here today talking about a separate
issue about a dance.
Mr. Cayard: No, it is the same issue. Since the carnival is going
to be from 3:00 o'clock until 5:00 o'clock, all the bands will be
playing on the floats, will be joining us at the Bayfront in order
to have a public dance.
Mr. Plummer: I will withdraw my motion and make a motion to send it
to the Manager. If he cap,come back this afternoon with an answer,
fine. If not....
Mayor Ferre: If not, we'll take it up on the 28th.
Mr. Cayard: That's fine. O.K.
61 FEB 91984
4 i
Mayor Ferre: We don't need a motion for that.
Mr. Plummer: No.
Mayor Ferre: Thank you.
--------------------------------------------------------------------------
10. DISCUSSION ITEM: POLICE SERVICES AND OTHER REQUIRED IN -KIND SERVICES
FOR THE GRAND PRIX EVENT TO BE HELD IN FEBRUARY, REQUESTING FROM THE
CITY MANAGER AN ESTIMATE OF COST FOR POLICE AND CLEAN-UP CREWS.
--------------------------------------------------------------------------
Mayor Ferre: While we are on the subject, Mr. Manager, and J.L. this is
your baby, so maybe you may want to carry the ball on this, the Grand
Prix. Last year the way the police presence at the Grand Prix was
handled, it was done through the department and it ended up being very,
very expensive process, over $150,000 and close to $200,000. It is my
understanding that if the City does not involve itself and we let this
be off -duty police officers, and it is done through the union, it is my
understanding that the rates are going to be, specifically, as I understand
it we charge $24.00 an hour. The union's off -duty police officers charge
$15.00 an hour. This is what I hear.
Mr. Carollo: You are saying that the Police Department itself....
Mayor Ferre: Yes, if we do it through the Police Department, I understand
that the charge is $24 per officer per hour.
Mr. Carollo: $24 per hour.
Mayor Ferre: That's what they were charged.
Mr. Plummer: Time and a half.
Mayor Ferre: That's what they are going to be paying.
Mr. Carollo: Is that what they usually charge?
Mayor Ferre: Time and a half, if it is done directly through police
officers on their own. In other words, off -duty police officers. The
union has a way of coordinating this where they rotate them and everybody
gets their fair share of off -duty work and then they charge straight time
which is $15,00.
Mr. Gary: We don't charge that much.
Mayor Ferre: So in other words, therefore, from the point of view of
the Grand Prix, it's the same police officers with the same authority,
but they would rather pay $15 than to pay $24, which is logical. So,
I would like to commend to you that we do everything within our power
one, not to overburden the Grand Prix with a tremendous amount of police
officers when last year we had a very good experience that there was not
even one incident.
Mr. Plummer: No, there was one arrest.
Mayor Ferre: One arrest, and we try to do it in such a way that we can
get the same amount of safety, but for the least amount of cost. If
that takes doing it through the off duty officers, rather than the Police
Department, I think we ot►ght to do it that way.
12 sl FEB 9 1984
0
0
Mr. Gary: I would like to say first that the reason that the cost
was more last year than it probably will be this year is for the
mere fact that we had no experience with such an event.
Mayor Ferre: of course.
Mr. Gary: We may have over -protected ourselves. We will look at that
and make sure that we do not over -protect. Secondly, we have procedures
within the Police Department to insure that it is handled properly in
terms of fairness, as well as not burning up police officers at ... the
process is not through the unions, but through the Police Department.
What happens is that normally we ask for volunteers. When we ask
for volunteers, it is approximately $14. If we have to draft people,
then we have to pay time and a half. In events like this, which is
favorable because it is not a hard type of job and is on -going, we
haven't had problems in terms of drafting people.
Mayor Ferre: You mean in volunteering people.
Mr. Gary: They volunteer, right. I would prefer that we keep the
same policy that exists within the Police Department. We will insure
that we do not over -protect, or over -burden them.
Mayor Ferre: Mr. Manager, I'm not going to make a motion. I just
want to go on record with you officially telling you that this Grand
Prix needs to succeed. We need to help it succeed as much as possible.
We need to be as cooperative as we can on not over -burdening them with
governmental expense If we...i think fnr example, you ought to post
that last year, according to Mr. Sanchez and the people of the Grand
Prix, there were four to five hundred that got in by flashing a badge.
That's not just City of Miami police officers, there were State, County,
all kinds of governmental officials that would come in and pull in their
official I.D., flash their badge, and walk in, rather than pay. Hey!
I think you ought to post that it will be the policy, and get this from
the Grand Prix people, that will not be allowed, unless they have an
official reason to be there by either representing the Fire Department
for safety reasons or representing the Police Department or your
Administration. Unless there is a specific authority, and they have
to go get credentials at the proper place and have the credentials
otherwise, they have to pay. I think if that is known, perhaps that
might help the volunteers and they can charge $15 rather than $24.
Mr. Gary: There was one other thing too, Mr. Mayor, that is that
the Grand Prix requires some special kind of security which also
add to the cost. But we will make sure that we don't over -burden
their costs.
Mayor Ferre: That also goes for sanitation, for the cleaning, and
for the Fire Inspection.,
Mr. Carollo: Mr. Mayor, I fully agree with the statements that you
made. I have no objections at all, if we have to, to go to the union,
if we can't follow the procedure that the Manager explained and have
them pay less. I would like, however, to have that procedure studied
to see if it could be applied across the board, not just for this one
particular event, to be fair, for all the people that are trying to
hire off -duty police officers. At the same time, that we should be
concerned, if not to over -burden them, with City services, particularly
police services. I think we should be very careful not to under -staff
the place with police officers. Because last year things ran smoothly,
that doesn't mean that you might not have something happen there. I
mean, things like this are unpredictable at times. When you have thousands
upon thousands of people in a function like that, you have to have at
least a minimum amount of police officers that you can't get away from.
So what I would like to request from the Manager is if he could provide
this Commissioner and the rest of my colleagues with the following
information. The total amount of police manpower that was used at the
last Grand Prix, the estimated tens of thousands of people that came,
and the estimated amount of people that we expect to come this year,
and the manpower that is going to be required of them for this year.
If you could provide that£or us before the Grand Prix begins, so we
can know and be assured that at the same time that we are not over-
burdening them, that we are providing adequate police protection and
safeguarding ourselves.
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Mayor Ferre: I might remind you on the record that we have done this
before, and the last time we did this was at the Calle Ocho Festival,
where the previous year it had been some twenty some odd police officers
and we ended up cutting that almost in half and there were no incidents
until after the fair, and then there was one; I mean in Calle Ocho. But
we didn't have any problems.
Mr. Carollo: Yes, but if I recall at the time, the police administration
had complained that one of the things that happened was that because of
that a lot of on -duty units that the City had, had to be called in for
a lot of incidents. That was one of the topics of discussions that we
had, and differences.
Mr. Plummer: Mr. Mayor, on that, I have sent each and every one of you
a letter of challenge to participate in the Mini Grand Prix the Sunday
before. I don't know if you chickens have not sent back your...
Mayor Ferre: When is that?
Mr. Plummer: That's the Sunday before the major Grand Prix, which is
the charity event for Switchboard of Miami, the Little Havana Nutrition,
and the Urban League.
Mayor Ferre: That's this Sunday.
Mr. Plummer: No, that's a week from this Sunday.
Mayor Ferre: You mean on the 19th.
Mr. Plummer: On the 19th is correct.
of food, of bands.
Mayor Ferre: One to three?
It will be a full day of activities,
Mr. Plummer: One to three is the qualifying. It is a challenge between
the press and the politicians. At 3:30 is going to be the Mini Grand Prix.
I would just like to make the announcement this morning that the ten go-
carts that will be used, one of the go-carts -and I'm not telling you
which one- has been clocked in the official time -trials at 122 MPH, at
a half inch off the ground. One of those cars is a shill and I'm not
telling you that I'm driving that car, but I hope all of you will
participate in this.
Mayor Ferre: It seems to me that this is another set up. I want to
know if you have any secret files that are involved on the information
on these mini go-carts, and if so, I want it fully revealed before,
and I want to hear the full story before I let myself fall into another
trap.
Mr. Plummer: I will come out with the truth immediately. It is my
understanding that car has been sent down by Claude Pepper.
Mayor Ferre: Claude Pepper is going to win whether he has the slow
car or the fast car, and you and I know it, and you know who is going
to be on national television and I got news for you, it ain't going to
be you or me.
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11.
DISCUSSION ITEM: U.S. FOOTBALL LEAGUE.
Mayor Ferre: I have one last thing. That is Ernie Fannatto wished to
address us on the issue of the Orange Bowl. Both J.L. and I said we
would listen to him for a short while.
Mr. Ernie Fannatto: The U.S. Football League, not the Orange Bowl
today, Mayor.
Mayor Ferre: I'm sorry.
Mr. Fannatto: Ernie Fannatto is my name, and I'm President of the
Taxpayer's League Miami and Dade County and also the Homestead Tax
Exemption League in Dade County. Mayor, and fellow Commissioners,
I would start off by saying Dade County has gotten hundreds of
millions of dollars in publicity with the championship that the
Dolphins won and the wonderful performance the University of Miami
has given us. They are two top-flight ball clubs. I am here to
protest the U.S. Football League to come in here in Miami and interrupt
and interfere with the finance ability and hardship that it would
cause on these teams. I don't think it is called for. It is just
going to bring on a lot of controversy. The people are very happy
with these teams. We don't need another team. I'm here today, I
want an expression from you Commissioners, if you are going to inter-
fere and interrupt these teams.
Mr. Plummer: Can I express?
Mr. Fannatto: Well, let me finish my presentation, if you don't mind,
Mr. Plummer.
Mr. Plummer: Surely, sir.
Mr. Fannatto: I have a letter here and it makes sense. I'm talking
about the standpoint of business. You know, we could lose teams too.
The University of Miami never do big crowds, like they did toward the
end of the season and in the championship game, neither did the Dolphins.
But I have a letter here from Mr. Robbie which he sent me, and I'm
going to read it. It says:
"Dear Ernie,
I apprqciate your opposition to bringing the United
States Football Team to Miami. It has taken 18 years to
establish Miami as a solid football base. A U.S. Football
Team, not only could not receive the required support in
Miami, but would also seriously damage the Miami Dolphins.
Such a devisive act could seriously cripple Miami's ability
to support professional football at all. I appreciate your
continued support."
Now he is 100% right. This is not a question of personality. This is
a question of value, the Dolphins, and University of Miami's value,
and you should not interfere and interrupt and cause controversy by
doing what you are talking about. I don't argue with success, but
by God, these teams have been successful. If you are going to inter-
fere with success, you are walking backwards. I'm just going to conclude
and I'd like to have a.statement at the end, when I hear from you members
whether you are going to,interfere and allow a second flight team. They
are not first flight. They don't draw. Check the attendance all over
the country ... come in here and divide up the money and the seasons
tickets, which they will get apart. Here in Dade County the economy is such
we cannot support three football teams.
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15 FEB 91984
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Mr. Fannatto (Can't): It's going to cause controversy. I think it is
about time that we give respect to two football teams that have been
successful in giving us hundreds of millions of dollars' worth of publicity.
I'd like to know what....
Mr. Plummer: Let me start off. I'll try to do it very quickly. Ernie,
I'm not going to say you hoodwinked me, when you asked me to bring you
up to speak you told me it was the Orange Bowl Bonds. Ernie, I would
defend your right to speak at any time. Now, I think what this City
needs to do is to look and I very much disagree with ;you. I think we
need to look to Tampa. Tampa is a City that is smaller than the City
of Miami. Two franchise professional football teams are presently
existing and doing extremely well in the City of Tampa. I think that
we must remember that we, the Commission that sits here, are concerned
that we have an Orange Bowl, which is the City's taxpayers' possession
and that we must be concerned about the future of that stadium with
or without the improvements. As such, each of these Commissioners
are on full notice that as of 1986 the present professional football
team has said that they will no longer use that facility, which means
the revenue to this City will be greatly hurt. I think then we have
to turn around and look U.S.F.L. in Tampa and realize that the statistics
given to me by Mr. Odio that franchise is presently bringing in approximately
$140,000 per game. That does not include concessions. Am I correct? What
we have to understand that U.S.F.L. team in Tampa today is paying three
times as much as what the present professional football team is paying
for the use of the Orange Bowl. Ernie, I couldn't disagree more. I
think that this Commission is charged with the responsibility, as a
landlord, I think we ought also have a moral responsibility to keep
professional sports in this community. As far as this one vote is
concerned, I understand and read very clear that the only possibility
that this community has beyond 1986 for a professional football team
is other than the present leaseholder, Amen.
Mayor Ferre: All right, next.
Mr. Fannatto: I'm going to answer that. Commissioner Plummer, let
me answer you. I said a while ago you don't argue with success. Now
you want to come in here and have them compete. How do you think Robbie
is going to pay all these football players if the attendance is created
and distributed on a pro -ratio basis according to the value of that team.
He won't be able to do it. You have to take the responsibility, if the
Dolphins move out of this City, because you have driven them out, let
me tell you, Robbie is a businessman. I've said it here; I've said it
at the County Commission. Mitchell Wolfson was probably the best
businessman that ever stepped in Dade County, and Mr. Robbie is second.
He took a bankrupt ball club and persevered 18 years and made it. Now
you folks want to compete against them and tear down that ball club.
That is exactly what you are doing. Let me just tell you something.
I wished I had known this before the election. Sure as hell, I would
have brought this out. Because this means hundreds of millions of
dollars of publicity that we get, and we can't afford to pay for publicity
out of the taxpayers' money. You know, this thing is going too far. It
is too much controversy. You need this here with all the trouble you
have now with this dissention with the Dolphins, like you need a hole
in your head.
Mr. Plummer: Mr. Fannatto, Sir, your statements are very much incorrect.
I would appreciate in the future that when you address this Commission
that you know what you are talking about. Mr. Robbie did not assume
a bankrupt franchise. Mr. Robbie started the franchise. It might have
been bankrupt. I don't believe so, but he started the franchise with
the Miami Dolphins. It is not the Commission here who has said, sir,
move. It is he who has elected to put an ultimatum that if this
Commission does not build him a brand new stadium, he will move. That
is his choice as an owner and as a businessman. I am sure that he will
do what he thinks is best.' As to how will he pay all of these high-
priced players, I would assume of the other 26 franchises, that they
pay from the proceeds of the tickets and they pay from the proceeds
of $9,000,000 worth bf television money a year. I think we must keep
in mind that the present franchise holder in the Orange Bowl is the
only franchise to my knowledge that does not pay 8% to 12% of the
61 16 FEa 91984
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Mr. Plummer (Con't): gross for the rental of a stadium. It is being
paid at 3% to 4%.
Mr. Fannatto: Wait a minute, just a minute. Let me get through here.
Listen, Mr. Plummer.
Mayor Ferre: You have another couple of minutes and that's it.
Mr. Fannatto: I want to correct you on your statement. Robbie did not
have the bankrupt team. It was George Hammet and Mr. Thomas,
They went bankrupt. I worked for George Havmet
and I was under his employment. You know what he said? Ernie, we have
to get rid of it; it's not paying. Then Robbie took it over. So,
don't let this come in the record and say that he was part of that.
He was not. Thomas and George Hammet had the first franchise and
they were going bankrupt. But I also again am going to say you a.e
forgetting the hundreds of millions of dollars that you got in publicity
and they have been successful. But you have to tamper; you have to
be controversial. You know what you are going to do in this City?
You know what you are going to do? I'll tell you. It's not far off.
You're going to divide the people. You have already divided them in
this City. You are going to have a different form of government here.
It's going to be a strong Mayor. We are going to abolish the City
Manager, who goes around and does things without consulting the right
people.
17 FEB 91984
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12. (A) DISCUSSION OF POSSIBLE INVESTIGATION OF THE DISMISSAL OF FORMER
POLICE CHIEF KENNETH HARMS.
(B) REFER MATTER TO GRAND JURY.
(C) DISCUSSION OF COST & REASONS FOR MANAGER RETAING OUTSIDE COUNSEL.
----------------------------------------------------------------------
Mr. Carollo: Mr. Mayor and my fellow Commissioners. There are two types
of thoughts that usually abound when you have a situation of crisis, or
a major difference that is aired publicly. One is that you avoid it, and
hope that it goes away. The other one is that you take it head on and
try to resolve it as soon as possible. I think that some of the things
that have been troubling this community the last week are not going to
go away by ignoring them. At the same time I feel that when the vast
majority of the people that elected us feel like has been expressed to
me through phone calls, letters, etcetera, that the Commission should
take action on a certain issue that we, as public servants, should listen
to them. At no time in the future, nor am I going to say now that the
City Manager does not have the right to hire and fire an employee. That
is his sole right according to the City Charter, and I will go out of
my way to defend his, or any future City Manager's rights to do that.
However, it is also this Commission's right under that same City Charter
to place them selves as a Board of Inquiry to investigate, to inquire
on anything that the Commission feels that it needs additional informa-
tion on, or in any matter that the Commission feels that the public should
have answers on. What I am trying to say is, that I would like to make a
motion here today in asking the Mayor of the City of Miami to, according
to the City Charter, place this Commission as an investigative Committee
of Inquiry and to invite former Police Chief Kenneth Harms to come before
us so that he can be asked whatever questions any members of this Com-
mission might have as to some of the incidents that have happened in days
past.
Mayor Ferre: All right, I will take that as a motion. Is there a second
to the motion? The motion again, so we understand this, is a motion that
the City of Miami Commission constitute itself as a Board of Inquiry, and
invite former Police Chief Kenneth Harms to come before this body to dis-
cusss the pending issues that have occurred. Have I paraphrased that
properly?
Mr. Carollo: Basically so, Mr. Mayor. It think that after someone has
given 24 years of their lives to this City, that at least out of courtesy,
they deserve the right to come before this body, and I for one, do not
want to stand in the way of giving that right to an employee that has
served this City for 24 years and in particularly, when the vast majority
of people that voted for me, and elected me, are asking this.
Mayor Ferre: All right, is there a second to that motion?
Mr. Perez: Let me clarify something, Mr. Mayor, first.
Mayor Ferre: All right, Commissioner Perez.
Mr. Perez: First, I would like to have a formal statement from our
City Manager, to have the opportunity to clarify, to discuss, to know
anything about this matter. Last Friday, the 27th, I received a call
in town from a relative, that they called about 9:00 o'clock in the
morning with a message about this situation. Ten minutes later, I made
a long distance call to the City Manager's office. It is an international
call, and I notified I was out of the country. I never received an answer
to my call. When I came down about three or four days ago, I never had
the opportunity - I think that the Manager was very busy and I never had
the opportunity to clarify or'to understand what is this situation. On
this direction, I think that we cannot deny an officer of the City of
Miami for 24 years the opportunity to discuss this personal issue. I
think that this community deserves an explanation. I don't think that
we can contribute in any way to polarize this community. We have to
contribute to promote a betteY understanding, but I don't think that it
is an ethic problem. I think that it is technical - no, more than a
technical problem. I think that this is a very sensitive affair for
this community, and I don't have an inconvenience to call to this Commission
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to all the parties involved in this matter, because I think the City of
Miami deserves an explanation, and I cannot deny this right to anyone.
For that reason, I second the motion.
Mayor Ferre: All right, now we have a motion properly before us with
a second. Under discussion? Any discussion?
Mr. Plummer: Under discussion, I would like to ask the City Attorney.
Mr. City Attorney, I understood Commissioner Carollo's comments and with
one exception, and that exception is that the City Manager only has the
right to hire and fire without reason or cause, as it relates, to my
understanding to unclassified employees. Is that correct?
Mr. Garcia -Pedrosa: That is basically correct. Yes, sir.
Mr. Plummer: All right, sir. The second question that I wish to ask
of the City Attorney. The thing that has troubled me on the hearing,
and the one thing that I have read very closely, is the areas which
states and could be construed as interference. The Charter is very clear
that any Commissioner charged, or who could be charged with interfering
with authority of the Manager is subject to removal from office. Is
that correct?
Mr. Garcia -Pedrosa: No, that is not entirely correct.
Mr. Plummer: Then, would you put on the record what is the correct
statement.
Mr. Garcia -Pedrosa: Okay. Under the Charter, Commissioner Plummer,
the Commission does not have the right to interfere with the exercise of
judgement by the City Manager in the manner of appointments of this
nature, and should the Commission do so, for example, by attempting to
set itself up not as a Board of Inquiry, but rather as an appellant body
to affirm, or reserve the Manager's decision - under the Charter, any
such interference shall be deemed, and I am now reading from Section
4(d) of the Charter...."shall be deemed to be a violation of the Charter,
and upon conviction, shall make the interferor subject to a fine of not
exceeding $500, or imprisonment, for a term not exceeding 60 days , or
both, and in the discretion of the court, shall forfeit his office...",
so it is part of the jeopardy, but it is not mandated that the office
be forfeited upon such a conviction.
Mr. Plummer: Mr. City Attorney, if I have my choice, I will give up the
seat, rather than go to jail. Mr. City Attorney, your opinion as to
the legality or the possible misconstruing of the motion that is presently
on the floor?
Mayor Ferre: If I may, so we can understand clearly what the motion is,
the motion is that we constitute ourselves as a Board of Inquiry and
after we get the legal interpretation, Commissioner Perez asked the City
Manager to make a statement into the record, which I think, before we
vote, is absolutely necessary. After the City Attorney gives his legal
opinion, I would like to discuss the aspects of previous City of Miami
Commissions that have dealt with similar issues in the past.
Mr. Garcia -Pedrosa: Mr. Mayor and Commissioner Plummer, the matter of
the Commission's right to conduct an investigation is clearly set forth
in the Charter, and as I understood Commissioner Carollo's motion, it
falls squarely within Section 14 of the Charter. That section specifi-
cally authorizes the Commission, or any committee thereof, duly authorized
by the Commission, so to do, to investigate the official acts and conduct
of any City official, and it says..."by similar investigations may secure
information upon any matter". Therefore, where this Commission to consti-
tute itself into a Board of Inquiry, it would be acting pursuant to and
under the authority granted by Section 14 of the Charter, so long as it
does not cross that line between inquiry, which is what a board of Inquiry
does, or securing information upon any matter which are the words of
Section 14, so long as its doesn't cross the line between that and an
attempt to reverse, or inteirfere with the decision made by the City
Manager to dismiss the Police Chief, which, as you know, from my legal
opinion rendered a week ago Friday and from Press reports, it is our
FEB 9 t9
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view that he has the absolute and total authority to do under the Charter.
Mr. Dawkins: Mr. Mayor, may I ask the City Attorney...
Mr. Plummer: May I finish up? Then, what I am understanding you to say
is that this Commission could invoke Section 14 and investigate the
Manager.
Mr. Garcia -Pedrosa: It can do that, but it can also investigate any
City official, and that would include the Police Chief.
Mr. Dawkins: Let me play it back to you in person. According to your
memorandum dated January 27, 1984, and I read:
"...a Police Chief, as head of a department is deemed to be
in the unclassified service pursuant to the provision of
Section 40-36 of the Code of the City of Miami. As an un-
classified employee, he is subject to dismissal from his
unclassified position, with or without cause, and without
recourse to the Civil Service Board".
Now, pay particular attention to your next paragraph, please, sir:
"In short, the Police Chief may be dismissed from that position
by the City Manager with or without cause and without recourse
either to the Commission, or to the Civil Service Board, however,
the Commission may investigate the conduct of the City Manager
and the Police Chief pursuant to the provision of Section 14
of the Charter, but such investigations must be related to
the City Manager's performance as an appointee of the Commission,
as distinguished from an Appellant type review of the City Mana-
ger's decision to dismiss the Police Chief. The distinction is
important to avoid a type of interference prohibited by Number
4, Section 4, referred to above."
Now, you just told me something different now.
Mayor Ferre: No, he stands on it.
Mr. Garcia -Pedrosa: No, sir. I think that is exactly what I was trying
to say verbally, perhaps not as articulately as I said it in writing.
But it is that difference and that line between investigation and inquiry
on the one hand, and reversal, interference, appellate review, or whatever
one wants to call it on the other, that the Commission has to bear in mind.
Mr. Dawkins: Okay, by your definition, sir, please. What is interference
as it relates to this Commission and this incident?
Mr. Garcia -Pedrosa: Sorry, I couldn't hear the question, Commissioner?
Mr. Dawkins: By your definition, relating to this Commission, and the
dismissal of the Police Chief, what is interference?
Mr. Garcia -Pedrosa: Interference would be, Commissioner Dawkins, if
this Commission were to tell the City Manager, "We think you did wrong,
and we demand that you reinstate Police Chief Kenneth Harms".
Mr. Dawkins: Okay, I will ask you another question, please, sir. If
this Commission, or any member of this Commission continues to insist
on a hearing which according to this Charter is non-existent, could that
be interpreted in your opinion, as interference?
Mr. Garcia -Pedrosa: No, sir. As I indicated before, I think that the
motion that had been made by Commissioner Carollo falls squarely within
Section 14, so long as its purpose is to do what a Board of Inquiry does,
which is to inquire and secure information.
Mr. Dawkins: Okay, for my part., please, sir - take the minutes from this
meeting, and I am directing you as a City Attorney, send every bit of
evidence from this meeting and everything to Janet Reno's office and
ask her, would she please through her office investigate the actions of
this Commission to see if we have interfered with the Manager's job.
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Mr. Carollo: Well, I certainly second that motion, and I would even
take it one step further. I would send a copy of the minutes of this
particular part of this Commission meeting to the Attorney General of
the State of Florida, so that he can let us know if there is anything
that was done that was improper according to our Charter and the laws
of the State of Florida.
Mr. Plummer: Let me...
Mayor Ferre: No, no, it is my turn. We all have our turns here, and
Carollo spoke, you spoke, Dawkins spoke. Demetrio had not spoken. He
has seconded the motion. I haven't said anything. I want to say some-
thing. There is ample historical precedence for this Commission as a
body to form itself unto a Board of Inquiry. There is no question that
this Commission can at any time investigate any matter that this Com-
mission, in its totality feels needs investiqation. I have served
either as a Commissioner or as Mayor for close to 15 years. I have
served at this bench during these 15 years under Chief Garmire. When
you were here, Garmire was still Police Chief. Plummer, you and I
have seen Garmire - I'm sorry, I didn't mean Garmire, I mean Headley.
Were you here with Headly.
Mr. Plummer: I was not a Commissioner.
Mayor Ferre: I served with Headley, Garmire, Watkins and Harms and
Klimkowski, so I have served with five Police Chiefs. Now, to the
first issue as to who runs the Police Department, let me tell you that
as strong a man as Walter Headley was,there was absolutely no question -
absolutely no question - that Mel Reese was the total and absolute boss
of the Police Department and made every single important decision, with-
out exception. Not only was he the strong decision maker in the Police
Department, he fv.rther had part of the Police Department, and I mean
specifically the investigative arm of the Police Department, or parts
of it, directly reporting to him, in City Hall, at his office, next to
-his office under strict instructions that at no time were any of his
instructions, discussions, or materials that came forth, coming out of
investigations that he directed were to be turned over to Walter Gar -
mire, nor was anybody in the Police Department to be privy to any in-
formation. There are members of the Police Department that are still
in the Police Department that served in that special investigative
group and I am sure that if we ever got to a Board of Inquiry, or the
Manager can do it on his own, or the State Attorney can, could request
those officers to give testimony under oath, that such was the case, so
there is ample precedent on former Managers being the absolute boss of
the Police Department. Now, secondly, I would like to point out that
this matter of hiring and firing of Police Chiefs is not only the law
of the City of Miami under the Charter, but it is also the law of
Metropolitan Dade County, and two years ago, a Manager of that govern-
ment, Merritt Stierheim, at noon called E. Wilson Purdy, the Director
of the Dade County Public Safety Department and asked him to show up
at 4:00 o'clock, not at his office, at the airport Eastern Airlines
conference room, where he met with E. Wilson Purdy, and advised him
that he was dismissed. He then told them that he had two hours to clean
up his desk and that at 6:00 o'clock, as I understand it, and this is
the information that I have as to how this was done, and at 6:00 o'clock
the locks were changed in E. Wilson Purdy's office Now, to the best of
my recollection, and I have asked that the Press files be brought and
copies given to each member of the Commission. There was never a total
explanation as to why Merritt Stierheim fired E. Wilson Purdy. He said
that E. Wilson Purdy was no longer acceptable to him as Police Chief.
There was no uproar in this community. There were no questions asked.
Now you say well, the difference is that firing a Police Chief at 4:00
o'clock in the afternoon is better than firing him at 2:47 A.M. Granted!
I accept that. I don't think we have heard the last of that, and I think
that the Manager may end up giving further explanations in the future
as to why the timing, was such.I want to give him the benefit of the
doubt. Style? I agree. +We are not talking about style here. Now to
the third point, to the point of the motion, the Board of Inquiry
question. Plummer, you and I were on the Commission when information
came out that a certain individual had been handcuffed and thrown on the
sidewalk in front of W.T.V.J, when a series of police officers allegedly
beat him up to the extent that he lost an eye. They kicked his eye out.
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The man was poor, Black and drunk. I, as Mayor, asked that this be
explained. Then, the Manager did ask the then Police Chief (was it
Klimkowski?) - no Garmire was the Police Chief to come up and explain
it. The explanation was not satisfactory to me, and the reason why the
explanation was not satisfactory is because Chief Sarmire said that
this thing had been fully investigated and nobody could be found as a
witness, even though Bob Mayer of Channel 4 said he saw it! But, Bob
Mayer, subsequently (it was Bob Mayer) came before this Commission and
explained that he was there after the fact, not during the fact and he
could not identify any of the people. There was a question as to
whether or not there was a Florida Power and Light man up on a pole,
and on this very pole, right before all these cameras, I grabbed the
phone, and I called Florida Power and Light, and I asked for the assign-
ment of crews, and within half an hour, I had the date, the time, the
place and the name of the individual that was in that pole, and at that
point, I said "If that is the kind of police investigations that are
going on, then I've got some serious questions". At that point, the
Commission constituted itself as a Board of Inquiry and as you know,
we had several weeks of very intense testimony about police operations
and as you recall, there were several witnesses that came up about the
usage of dogs in Coconut Grove in one particular case, and all types of
things that ended up with the eventual resignation of Bernard Garmire.
Now, during those police hearings, there were at least seven or eight
major cases that were brought up that were never concluded, nor did I
push for the conclusion since Garmire at that point resigned. And
through all that period of time, the question of propriety was under
question. Did the Commission have the right to do this? And the
legal answer was absolutely, the Commission has a right at any time to
investigate any matter that might be a wrong doing. Now, the question
is, whether or not, we forced the Manager, and the fact is, that we
didn't force the Manager at that point. Garmire, after all of this,
decided on his own, that he would resign his post as Police Chief. That
is a totally different matter. Now, to the motion - I am not philosophi-
cally opposed to the idea of a Board of Inquiry. I am on a practical
basis, however, not going to vote for the motion, and the real why I
am philosophically not opposed is because I am not going to in any way
preclude my right, or the right of any member of this Commission, that
we do not have the right that the Charter says we do, which is to ask
any questions or inquire into anything we want to inquire. I said
practical, and the reason I say practical is because emotions are very
heated in this community. I want to once again publicly thank the
Hispanic police organization headed by Officer Martinez. I want to
thank Les Brown and Reverend Rudolph and H. T. Smith and T. Willard Fair
and the others who directly or indirectly were organizing a peaceful
presentation. The Haitian community - Mr. Jacque vespinose and the
others that were going to be here at noon today on a peaceful demonstra-
tion for calling all of these things off. I think Monsignor Walsh and
the Community Relations Board is absolutely correct. We have the Alvarez
Case before us - emotions are extremely high. People are at a high pitch.
The radio talk shows, unfortunately, are going right now through their
rating period. This is it! February, the next two weeks, is the high
point of radio, both the Arbitron and the Nielson ratings, and therefore
everybody wants to make sure that they have the maximum audience that
God and the human voice will permit, and they are just going bananas!
And I mean all of them. They want to get every gruesome detail of every
little thing that is happening to make sure that their audience is as
high as it can possibly be, and I understand we live in a free country,
and that is wonderful, but it is wonderful for them - it is not so won-
derful for this community. And those of you who saw Sixty Minutes two
weeks ago on CBS about talk shows realize the tremendous impact that those
talk shows are having in changing many important bases that we, as a
country have. Now, granted all of that, it is my opinion that this is
no time to have a confrontation between segments of this community that
are already highly aroused. I would hope that due process in this case
would be the Manager's statement that he is about to make and any further
statements that he might njake in the future - this Commission always has
the right to investigate anything - any member of this Commission can ask
any questions at any time, and we as a Board of Inquiry can do it jointly
and publicly. I realize (I read the Miami News editorial yesterday), I
understand that the people of Miami have a right to have all of this ex-
posed in public and rather than in private meetings between the former
Q&
PIP]
FEB 9 1984
0 0
Police Chief and ourselves. I read the Herald this morning. I saw what
518 people of Metropolitan Dade County think about this, and I think that
is very nice. Now, I know that the Herald does Dade County polling. I
am sure that if they polled Broward County, they would get similar type
of opinions, and I am sure that if they did a state wide polling they
would get probably similar opinions, but I don't think, and I find it
very strange, that at this crucial point, where we are making important
decisions, that the Herald would all of a sudden use the method of opinion
polling. Now, I know they have done that in the past, not too often, but
I would like to ask when in the history of this community, when there is
a major crisis involved, and this is the critical point, has the Herald
ever used their tremendous polling abilities, which they usually keep
internal for the purposes of how they are doing as a newspaper, ever
made poll of this nature public. And the poll, mind you, in Dade
County, with a paragraph that those polls within the City of Miami had
a substantial similar type of opinions. Well, I might say, if a poll
had been taken before George Washington had decided to become the
commanding general of the continental forces, and if George Washington
had made his decision, based on the poll, then George Washington would
have never become the commanding general, because the majority of the
people in the 13 colonies did not want independence, and Abraham Lincoln
had made a poll about whether or not the Blacks should be freed from
slavery, we would still have slaves, so I don't frankly think that
goernment by polling is necessarily the way to do things. Now, I under-
stand that there is a clamor for further information and I subscribe
to the point that this has not been sufficiently explained and that per-
haps there is a need for more information as to some of the things that
have occurred, but I do not think that a investigative board of the City
of Miami Commission with subpoena powers and tremendous and awesome
powers would do anything but pit segments of this community against each
other, and I think that the price that we might have to pay would be a
little bit too high. I think the national press would immediately be
present during that hearing. I think that this room would obviously be
too small. We would have to get the largest auditorium available in
this community. I would imagine we would have to go to Dade County
Auditorium because that holds at least 3,000 people. My opinion is
that there would be more than 3,000 people at that hearing, and we would
probably have to then hold it at one of the stadiums. We would probably
have to call in not only the City of Miami Police Department in its
totality, but we would probably have to have the National Guard present
to make sure that peace and order were maintained, and I don't frankly
think that that would serve the best interests of this community at this
time.
Mr. Plummer: May I...
Mr. Carollo: J. L......
Mayor Ferre: This is not a public hearing at this point. You are not
authorized to speak, Ma'am. Would you please sit down. Please sit
down! I thank you, very much. Thank you very much!
Mr. Plummer: Mr. City Attorney, may I ask one other question of you,
sir, on the record? No, I am sorry, the Mayor has ruled you out of...
Mayor Ferre: Ma'am, this is not a public hearing, there is no time
now. I will not recognize you.
Unidentified Speaker: I mean after...
Mayor Ferre: After anybody! I am not going to recognize anybody to
speak, including you.
Unidentified Speaker: (INAUDIBLE)
Mayor Ferre: You are not authorized to speak. We are not going to get
involved into a discussion now.
Mr. Plummer: Mr. City Attorney, many people do not understand, and some
don't want to understand that if in fact, it is my understanding that this
ld FEB 9198,E
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special meeting (whatever you wish to call it) that this Commission,
according to the Charter is powerless to act or to reverse the Manager's
decision. Is that correct?
Mr. Garcia -Pedrosa: That is correct, Commissioner.
Mr. Plummer: Okay. Then, I have to say that this meeting (whatever you
wish to call it) can only be a meeting to investigate the Manager. The
only power that I know that this Commission would have after we listen to
hours and hours, I an sure, of testimony - the only action that we could
take is a determination as to whether or not the Manager is to be con-
tinued, or terminated. That is the only thing that I see. Now, predi-
cated on the inability of this Commission to act, I don't see what would
be accomplished.
Mayor Ferre: J. L., I don't want to get in an argument with you, but
for the record, I've got to say that I disagree. When we had the police
hearings 10 years ago, it had nothing to do with the Manager; it had to
do with the way the Police Department was being run, so I do not sub-
scribe to the premise that the only basis for a Board of Inquiry by this
Commission is to inquire into the Manager. We have a right to inquire
into anything that is going on.
Mr. Plummer: Mr. Mayor, I will always respect your right to disagree.
I wish that you would listen to my statements a little better. I said
the only action this Commission could take would relate to the Manager.
Mayor Ferre: I might again remind you that the only action we could
take 10 years ago dealt in similar terms, and at that point, there was
a resignation of a Police Chief after the Board of Inquiry, so Board of
Inquiries have purposes other than dealing with the Manager. I under-
stand your point, but I do not want to leave on the record my concurrence
with the statement that the only action that a Board of Inquiry could ever
take is the removal of the City Manager. There are a lot of things that
come out of Boards of Inquiries.
Mr. Carollo: I have to agree with the Mayor on that particular issue;
not only that, but I think that a Board of Inquiry, that dealing with an
issue like this would be getting a lot of information that would be quite
valuable as to how our Police Department is functioning - some of the
problems that we might not be aware of, that are going on in our own
Police Department. At the same time, I have to say a government cannot
be run by scare tactics, intimidation, blackmail. When I hear people
saying that if we hold an inquiry such as the one that we have discussed
here, according to the laws of this City, this County, of this State,
that that is going to cause what is being insinuated, - civil disturbance.
I think that is shocking and that in itself is what is going to lead to
the national media to come to Miami and to encourage professional trouble
makers and agitators to take that opportunity and cause problems within
our City. Now, we do not have to hold those inquiries right at this
very moment. My colleagues all know well that we could request to have
those inquiries anytime in the near future that is appropriate, and I
will be more than happy to wait for the appropriate time in the near
future to hold those inquiries, but I ask my colleagues to please refrain from
some of the statements that are going to be the ones that are going to
encourage the national media to come to Miami and maybe more. I think
that we as public officials have some very solemn obligations and duties,
and if we are going to run this government because what we afraid one
small group is going to threaten to do, or what another small group is
going to threaten to,do, that we might as well not have a government,
because then what we are having is anarchy, and no government can
stand by anarchy. I think that if this Commission is scared or intimi-
dated in giving the majority of the people of Miami the opportunity that
they are requesting of us, to air this out in public and finish it once
and for all, not to dictate to the Manager that you must rehire this
individual, or you must fire that individual, or anything of that sort -
no! We would never do that, because we cannot do it according to the
City Charter. But, if we, as the legit representatives of the people of
Miami are going to be scared or intimidated into not having the oppor-
tunity to have this Commission meet as a Board of Inquiry to ask questions
Id
24 FEB 91984
0 0
relating to police matters, and to the functioning of our Police Depart-
ment, if this is what it really comes down to, then I suggest then, that
we then ask the foreman of the Dade County Grand Jury to invite the
Police Chief, so that the Grand Jury can ask the Police Chief the appro-
priate questions that are being asked by this Community, so that the
Police Chief can answer those questions and make whatever statements
he might want to with the protection that a Grand Jury gives an indivi-
dual, under our laws. But, I think, and I hope that this Commission does
what is right and what is right is to air this out and get it over with,
once and for all.
Mayor Ferre: All right, further statements? Are you ready to vote?
All right, call the roll.
MOTION DEFEATED. On motion of Commissioner Carollo,
and seconded by Commissioner Perez, the hereinabove
motion was defeated by the following vote:
AYES: Commissioner Joe Carollo
Vice -Mayor Demetrio Perez, Jr.
NOES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice, A. Ferre
ABSENT: None
ON ROLL CALL:
Mr. Plummer: My statement is the same as before. I don't want to sit
here as a board in which we are powerless to act. I agree with Mr.
Carollo's concept that in fact there should be invited by the Grand
Jury, but as far as this Commission, I vote "no".
Mr. Perez: I ratify my expression. I think that the people of Miami
deserve the proper explanation and I don't think this is an ethnic matter
I vote "yes".
Mr. Dawkins: The Charter distinctly says that what Mr. Gary did was
correct, proper, and there are some people say immoral to have called
at 2:37 A.M. in the morning, but it was still proper, therefore, I have
to vote...
Mayor Ferre: We are not here judging Howard Gary and it has nothing to
do, as I perceive it, or should have nothing to do with Howard Gary.
The issue with here has to do with the Police Department and Kenneth
Harms and the Booz-Allen Report and not in the proper exercise of
authority as granted by the Charter. I don't think we have heard the
last of all of this. I am not opposed to Board of Inquiries. I think
that this is an inappropriate time for us to get involved into a Board
of Inquiry, and I think that for the welfare of this community, this
matter should be left as it is under these circumstances, based on a
practical consideration for what is best for the people of Miami, and
who elected all of us and what is best for this City's governmental
structure. I vote "no" against the motion.
Mr. Carollo: Mr. Mayor, if I may...
Mayor Ferre: Yes, sir.
Mr. Carollo: I would then like to make an additional motion.
Mayor Ferre: Go right ahead.
Mr. Carollo: That would go along with principles that you have ex-
pressed here today, and that is that this Commission goes on record
requesting of the Dade County Grand Jury that former Chief of Police,
Kenneth Harms would be invited to appear before them so that they can
ask any questions that they might have; secondly, so that he can make
any statements that he feels should be made and last, but not least, so
FEB 9 1984
ld
r�
6
they can look at - across the Board, any of the information that has
appeared in the files of Police Chief Harms, anything within those files
that can be construed as possible violation of the law, and for them to
deal with it.
Mayor Ferre: All right, there is a motion on the floor. Is there a
second? Is there a second?
Mr. Plummer: I second the motion.
Mayor Ferre: There is a second on the motion. Under discussion, state-
ments and questions. I will make a statement so that my position is
understood. I will be voting against the motion. The reason is this.
The Grand Jury does not need the City of Miami in any way to tell it
what to do . The Grand Jury has full authority to investigate anything
and everything it so deems. This matter has been almost in the front
pages, and I mean the front, front page, not the front local paper, but
the front page of our morning paper. There has not been a day where it
has not been either the lead story, or the second or third story on
every one of our television channels. There has not been a day in the
last two weeks where this has not been the subject of one, or every
talk show. I cannot think of a talk show - there have been days where
every single station at that same time, this was the subject of dis-
cussion. The Miami Herald itself in today's newspaper implies that there
should be an investigation and ask the public whether or not there should
be an investigation. I, for myself, have told the State Attorney, and
will repeat, in past occasions, that I am available at any time to answer
any questions, under oath, on any matter that they wish to investigate,
and I voluntarily state, or if the Grand Jury Foreman, or the Grand Jury
wishes for my testimony, whereas in the past, to go before it, as I have
before previous Grand Juries to answer any questions that they may have
as to what this Commission, or how any member of this Commission, or
myself, functions as an elected public official. I think for us to be
calling on other governmental bodies to do our work for us, is not
appropriate, and I think that those entities have a right to do so on
their own. Now, the State Attorney, or the Attorney General of the State
of Florida is a different matter, because they normally do not investigate
items unless there is a specific request. Now, they can initiate investi-
gations, but for example, the State Attorney would not normally initiate
an investigation - I am sorry - the Attorney General of Florida would not
normally initiate an investigation of the sort, unless there is a request.
Now, some times in the past, this City has requested the Attorney General
of Florida to give us a legal opinion. Sometimes he has, when he finds
he has jurisdiction; sometimes he hasn't. He says "It is not of my com-
petence. Ask a proper court for a ruling. I am not going to rule on
that, because it has nothing to do with my job". so I have no objections
to asking the State"s Attorney, or the Attorney General of Florida for
an opinion if they wish to give us one on issues dealing with legal
matters before the City of Miami Commission. I think that is a very
different matter than asking a Grand Jury to investigate something which
they can on their own investigate. One last thing - the big difference
is that an investigation, a request by this body to investigate is, and
of, and by itself, an implication, which I think is a judgmental factor,
that at this point, we should not be making.
Mr. Plummer: Just for the record, I am of the opinion that a Grand Jury,
if there has been wrong doing, has the power to act - we do not, and as
such, I feel that it is only proper, if they wish to discuss the issue,
and I do not seperate the difference between a Grand Jury and a State's
Attorney - I look at them as one. If they do have the right to hear
and to ponder, and they can act, if there is an impropriety. This
Commission, I do not feel, has the right to act, and as such, I have
absolutely no problems with them making an investigation, if they wish
to do so, to look into if there is a possibility of an impropriety, and
to act, and I will govern myself accordingly.
Mr. Carollo: I think that; Number one, the Grand Jury in the past has
given different opinions about certain issues without necessarily coming
out and saying there were wrong doings. Secondly of all, I think what is
important here is for these issues to be resolved once and for all and
put them to rest. That doesn't necessarily mean, nor are we insinuating
ld n F E B 9 1984
necessarily, that there is anything in those files that have been in vio-
lation of the law. But, at the same time, I think since a majority of
my colleagues here did not want to handle certain matters in the more
appropriate way, I think we have to put this issue to rest, and by re-
questing of the Grand Jury to invite former Police Chief Harms to
appear before them, I think that the people of Miami would feel a lot
more at ease as to how their government is being run and then I think
we can finally put the issue to rest. Now, if after they review these
files, if they need to review anything in particular for that matter,
if they feel that there might have been any violations of the law, well,
that is up to them to handle it, just as if they feel there were no
violations of the laws, then they will make that clear also, but I think
that we have no real alternative, if we are to do right and justice,
than to take this avenue now, not that the door was shut to other avenue
that we had.
Mayor Ferre: Okay, any further comments? All right, call the roll.
* THEREUPON, MOTION NUMBER 84-135 having been moved by
Commissioner Carollo and seconded by Commissioner
Plummer, was adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
NOES: Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
ON ROLL CALL:
Mr. Perez: I want to explain my vote. Again, I want to ratify that
I don't have any inconvenience to contribute to clarify this issue,
and if that is the legal way, I don't have any inconvenience to support
this motion, and I vote "yes".
Mr. Dawkins: I asked the City Attorney to ask Ms. Reno to investigate
this matter. If Ms. Reno's office finds anything wrong, then I am sure
Ms. Reno's office would send this matter to a Grand Jury. I see no
reason for us to sit here and second guess the C-4ty Attorney's office,
therefore, I vote "no".
Mayor Ferre: For the reasons I have exrlaintd, I vote "no". Now, at
this point...
--------------------------------------------------------------------
*NOTE FOR THE RECORD: M-84-135 CONCERNING THE MATTER OF FORMER POLICE
CHIEF KENNETH HARMS WAS RESCINDED BY M-84-204 AND ITS CONTENTS ARE NOW
CONTAINED IN MOTION NO. 84-203.
--------------------------------------------------------------------
Mr. Plummer: May I make a statement on the record, Mr. Mayor?
Mayor Ferre: Yes, sir.
Mr. Plummer: Mr. Mayor, it is fully my understanding, and as I said
before and I want it clear on the record that there to me is no difference
between the State's Attorney's Office and a Grand Jury. They work hand
in hand. A Grand Jury normally, as I understand, does not investigate.
That is turned over to Janet Reno Is office to do the investigation, and
they then in turn, react to her investigation. I don't differentiate
one or the other.
Mayor Ferre: Well, why do we.need a motion, Plummer, from this Com-
mission for that purpose?
Mr. Plummer: Well, you,would have to ask the maker of the motion. I
can only give you my Vote, and to why.
Mayor Ferre: Well, you seconded it and voted for it.
ld 27 FEB E 9 1984
Mr. Plummer: I said before, I will say again...
Mr. Carollo: Mr. Mayor, if I may...
Mr. Plummer: May I answer, Joe?
Mr. Carollo: I'm sorry, go ahead.
Mr. Plummer: My opinion is that this Commission is powerless to act.
That investigative body, if found wrongdoing, does have the power to
act, and that is the difference in my vote.
Mayor Ferre: All right...
Mr. Carollo: Mr. Mayor, I would like to bring up one additional item.
Mayor Ferre: Wait a minute, I haven't had my final say on this. I
think, what in effect we are doing is creating confusion and pandemonium
and therefore on this matter of the Board of Inquiry, if there is any
evidence that comes out in the near future, I have already stated that
I reserve my right to vote with the motion for a Board of Inquiry, and
will so do in the future at the proper time, if I deem it so appropriate.
All right.
Mr. Carollo: Mr. Mayor, there is one additional matter that I would
like to bring up. I think it will be brief. It is having to do with
the legal counsel that we hired to review these files. Mr. Manager,
how much are we paying the attorney that you hired to review these files,
and how much up to now has the City spent on that matter?
Mr. Gary: I don't have those figures, but I can get them to you.
Mr. Carollo: Do you know what the hourly rate was?
Mr. Gary: No, I don't.
Mr. Carollo: Does anybody know what the hourly rate was?
Mr. Gary: No, but I will get those figures for you.
Mr. Carollo: We did get a quote on the hourly rate when we engaged
the counsel, didn't we?
Mr. Gary: Yes, we used his counsel on pension matters. It is the same
rate they normally charge.
Mr. Carollo: Okay, same rate as pension. Does nobody know what the
rate for the pension matter is now? I gather that, right?
Mr. Gary: Not off hand, sir.
---------------------------------------------------------------
13. DISCUSSION ON THE USE OF OUTSIDE COUNSEL.
mr. Carollo: Okay, Mr. Manager. If I may, can you relate to this
Commission, why instead of not using our own attorney, the Manager felt
that we should go to outside counsel in this particular matter?
Mr. Gary: First of all, I would like to inform you that I asked City
Attorney ,lose Garcia -Pedrosa to acquiesce in this matter, and he did.
The reason Mr. Knox was selected was because, first of all, he was a
former City Attorney. He has expertise in local government law. He
has expertise in public records law, and I think it is important to
note that with regards to the decisions that were made in the court,
that Mr. Knox acted ethicly and properly.
Mr. Carollo: You still haven't answered my question, Mr. Manager. No
one is challenging Mr. Knox's expertise of that area of the law, just
like I don't think anyone can challenge our City Attorney's expertise,
and his staff's expertise on that area of the law. The question that
I am asking is, why is Mr: Knox engaged when our City Attorney and his
staff could have handled that matter?'
Id F E B 9 1984
0 •
Mr. Gary: I gave you my answer.
Mr. Carollo: Mr. Manager, the answer that you have given me is that Mr.
Knox had expertise in the area. What I am stating is that I am not
challenging that. I agree with you, but what I am saying - in fact, let
me read to you what the City Attorney stated to me in writing. If I
say anything that is incorrect, I hope he would clarify the memorandum
dated to me February 1, 1984 - subject: Engagement of Special Counsel.
"You have inquired about the engagement of Special Cousel in
connection with the request for documents made of the City by
certain print and broadcast media relating to papers placed in
a safe by former Police Chief Kenneth Harms. Specifically, you
have asked whether I in this office posess the expertise to
handle this matter from a legal standpoint. The answer to your
specific question is in the affirmative. As counsel for the
City of Miami, my staff and I have had repeated occasions to
deal with such requests under the public records law of
Chapter 119 of the Florida Statutes. We have in the past
rendered legal advice regarding questions arising under the
Statute and are in a position to do so in the future."
Now, if our City Attorney has stated that they have the legal expertise
and he has stated that to me and to the public, and he feels very strong
about it, then why did we have to go and engage outside counsel, no mat-
ter how much expertise they had of the law? Mr. Manager, I still would
like to have an answer to that.
Mr. Garcia -Pedrosa: Commissioner Carollo, can I interject briefly here,
sir?
Mr. Carollo: In a second, if you like. Unless I have misinterpreted the
statement that you gave me.
Mr. Garcia -Pedrosa: No, sir, you certainly did not. That was my state-
ment. The Manager has a copy of it. I just wanted to set forth that I
have a concern as a professional, much like a doctor would have a concern
as a professional with a patient, when you create a relationship such as
exists between lawyer and client, and I consider your City Manager to be
my client, and the relationship between a physician and a patient, psychia-
trist and patient, and so forth and so on - priest and penitent, those are
very confidential...
Mayor Ferre: This is going a little bit far now with, this priest and
penitent!
Mr. Garcia -Pedrosa: Well, that is part of the law, Mr. Mayor, with res-
pect to things that you can and cannot inquire into, but to get back to
the point, I just wanted to interject that in my judgment, it is not
appropriate for any professional to impose his or her services in such a
confidential relationship. Mr. Gary, as he has indicated, did call me
and asked my acquiescence. The statement that I made to him is reflected
in a memorandum that you have read and it is entirely correct, and I just
wanted to put on the record, so to speak, that I felt it improper to im-
pose myself as a professional upon a client in a delicate and important
matter and perhaps that is not expressed in the memorandum, but it was
certainly part of my thinking, regardless of where one comes out on the
issues of expertise and so forth.
Mr. Carollo: Well, I can totally understand your position on that, and
I guess I would feel the same way as a professional if a client does not
want your service, or does not feel comfortable with your service, and
I am not condemning the position that you have taken. I think you have
taken the appropriate professional position, that if the Manager did not
want your services, for whateveY the reason, not to force it upon him,
but what I am trying to establish here is why the Manager did not want
your services. Now, if the case that your office did not have enough
legal expertise to handle this matter, or do you feel that you and your
office have ample legal expertise to handle this matter?
29 FEB 9 1984
ld
Mr. Garcia -Pedrosa: No, sir. I think both Mr. Knox and I and my office,
all of us are qualified to handle this matter.
Mr. Carollo: But, the question of Mr. Knox not being qualified has never
been an issue. The only question that I have is are you and your staff,
do you have any doubts that you and your staff could not have handled this
matter for the City?
Mr. Garcia -Pedrosa: No, sir, I don't have any doubt about that.
Mr. Carollo: Mr. Manager, I still would like to have an answer. The
question of Mr. Knox being qualified, I am with you on that one. That
is not the question. The question is why, if the City Attorney has
expressed here, and I am sure to you, that he felt that his staff and
himself were amply qualified to attend to this matter, why then, sir,
did you insist in going to outside counsel and spending additional
City taxpayer's dollars?
Mr. Gary: Well, first of all, I preferred the expertise of Mr. Knox,
and secondly, the cost would have been borne, regardless. This is not
the first time that we have gone out for private counsel, not only for
City officials, but also elected officials. I think it is also impor-
tant to realize too, that the procedure that was used ... well, let me
first back up...I think we are all aware that the Police Department
also has a legal advisor, which goes through the process of the City
Attorney's office, but the person selected is usually the preference of
Chief of Police. I thought that it was important to utilize Mr. Knox.
Secondly, that person usually makes the determination with regards to
public records as relates to the Police Department. That person, in
ml- estimation, I felt would not have been objective, and I did not want
to take that risk with regards to objectivity.
Mr. Carollo: So in order to condense your statement, your answer is
that you do not have enough trust in the City Attorney's office for
the City of Miami to have handled this matter.
Mr. Gary: That is not what I said.
Mr. Carollo: Okay, can you explain it better.
Mr. Gary: The attorney that I was referring to, Commissioner Carollo,
is the attorney which housed permanently over in the Police Department
on a daily basis. It has no bearing on Mr. Garcia, his talent, nor the
people who he has housed in his shop.
Mr. Carollo: Mr. Garcia -Pedrosa, outside of this particular attorney
that the City has, do you feel that you, yourself, or anyone else in
your staff would have had enough expertise to have handled this without
having to have used this particular attorney that the Manager did not
feel comfortable with?
Mr. Garcia -Pedrosa: The answer is in the affirmative, Commissioner
Carollo. I should add that that particular attorney happens to be a
fairly new - I think she has been on the job about a month or so, but
the answer to your question is yes.
Mr. Carollo: Okay, so in order words, what you are telling me is that
Number one, if you would have decided to have used that particular
attorney, and there is no assurance particularly, by you telling me
that that was a new attorney, that you would have assigned this task to
that attorney. You might have taken it on yourself, or assigned it to
a more seasoned attorney, but if the Manager would have expressed to
you that those were his concerns on that particular attorney, you would
have gladly taken that task upon yourself, or another seasoned attorney
in your staff
Mr. Garcia -Pedrosa: Commissioner,.I should say that I didn't think through
the whole process, given the fact that the Manager asked me to acquiesce
in the hiring of outside counsel, but to answer your question, I always
try in making assignments to do it in the manner that is most congruent
with existing expertise and experience in the office and obviously try to
ld
30
FEB 9 1994
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assign particular tasks to particular people who are best able to serve
the interests of the City.
Mr. Carollo: You have answered my question quite well, and I thank you.
Mr. Manager, at any time, did you express to the City Attorney that your
reason for wanting to engage outside counsel was that you did not have
enough trust in this particular attorney?
Mr. Gary: I don't recall the exact conversation, Commissioner Carollo.
Mr. Carollo: Do you still feel that it was appropriate, after hearing
what our City Attorney has stated, that he, himself, and other seasoned
attorneys in his staff could have handled this, and they have enough
expertise to have handled this, for you to have gone out and engaged
outside counsel on this particular matter?
Mr. Gary: I think it was appropriate in view of what I said earlier,
and based on the fact that decisions of that nature is usually made by
the in-house police attorney, and that attorney was a young attorney,
only in terms of being on staff, and that attorney was hired jointly by
the Police Chief and the City Attorney. I think it is also probably
synonymous to us going out at a time when, if you recall you and harms
were sued by a police product and we decided that we would go out and get
outside counsel.
Mr. Carollo: That is correct, but the reason that we did that at that
time was because the City Attorney at that time himself stated that he
did not feel that they could handle something of that nature appropriately.
That was the reason that we went to outside counsel► if you recall.
Mr. Gary: No, I don't...
Mr. Carollo: This is quite a difference now, in what our City Attorney
had stated and is stating to us here today. But, I don't want to beat a
dead horse over the head any longer. You still haven't answered the
question, and I guess the reason that you haven't is that you just pre-
ferred Mr. Knox over anyone in that office, and I think that was your
complete right to have done that, but not to have spent City funds to
hire outside counsel if the person that we pay .... how much do we pay you
a year, now, Mr. Garcia -Pedrosa? I'm not trying to embarrass you but...
Mr. Garcia -Pedrosa: No, I was going to say that it is not nearly as much
as the City Manager, but, I believe it...
Mr. Carollo: Only the President is beating him out up to now.
Mayor Ferre: Well, the pay is not everything, is it, Mr. Garcia -Pedrosa,
I mean there are some people who at times give up very lucrative jobs and
seek other jobs, other offices that pay less because there are other things
other than pay!
Mr. Carollo: What scares me sometimes are the fringe benefits.
Mr. Garcia -Pedrosa: Mr. Mayor, my wife said that I keep coming up with
ingenious ways of making less and less money, as time goes on. But, to
answer your question, Commissoner Carollo, I believe my current salary is
$88,200 and change.
Mr. Carollo: Well, I think that if this City is paying that kind of salary
to a City Attorney, we best better find ways to make sure that he and his
staff would handle the vast majority, if not all of the legal problems
that we have unless they are into areas that really justify going to out-
side counsel. What I would like to request from the City Manager at this
time is to immediately by writing, inform every member of this Commission
how much the services of the outside counsel that was hired, have cost the
City of Miami.
Mayor Ferre: Anything else?
Mr. Carollo: George, by the way, I see you out there now. I didn't see
you before. How much are you charging the City per hour?
Id 31 FEB 91984
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Mr. Plummer: Two Jaguars, one Thunderbird! (LAUGHTER)
Mayor Ferre: Mr. Knox?
Mr. Carollo: Since nobody seems to know, you know, and...
Mr. Knox: I guess I should have stayed downtown!
Mr. Carollo: Did you have a contract, by the way, George? I mean,
you know, there is the famous contract...
Mr. Knox: To answer your question, Commissioner Carollo, we planned
to charge the City the same rate that is usually charged by my law firm
to the City when we do work for the City and it is an hourly rate and
has a range dependent upon the individual who works on the particular
matter and the range for our attorneys goes from $120 to $225 an hour.
Mr. Carollo: $120 to $225 an hour?
Mr. Knox: Yes, sir.
Mr. Carollo: Did you have a signed contract or a verbal agreement as to
the hourly rate?
Mr. Knox: No, sir. It is just that a precedent that has been established
pursuant to other agreements where my law firm done work on behalf of the
City, historically.
Mr. Carollo: So it could range anywhere from $120 to $225?
Mr. Knox: Yes, sir.
Mr. Carollo: Thank you, George.
Mr. Knox: Yes, sir.
END OF DISCUSSION.
32 FEB 91984
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14. ESTABLISH DATE FOR DEDICATION OF CURTIS PARK AND WEST END PARK.
--------------------------------------------------------------------------
Mayor Ferre: We are now on item number "A", which is discussion of
dedication ceremones for a new building at Curtis Park and West End
Park.
Mr. Gary: Mr. Mayor, we have completed pursuant to your authorization
to expend Federal dollars to improve this park. The building and the
swimming pool have been completed and we would like to have the City
Commission establish a date, pursuant to your policy of cutting the
ribbon and celebrating those kinds of improvements.
Mayor Ferre: When do you recommend, Mr. Manager, Mr. Kern? That is
a little bit further out. Are they both...Curtis...it's two parks,
Curtis and West End.
Mr. Carl Kern: Curtis and West End.
Mayor Ferre: I don't think we could do both of them at the... We could
do one on the 28th and one on the 8th. Or we could do one on the 8th
and one on the 22nd.
Mr. Kern: Whatever is most convenient for you, sir.
Mayor Ferre: What is the will of the Commission?
Mr. Plummer: Take your choice.
Mayor Ferre: Got no objections to doing one on the 28th and one on the
8th.
Mr. Plummer: Well, let me ask this question. Are both of them completely
finished now?
Mr. Kern: Yes, sir.
Mayor Ferre: So be it. One of them on the 28th and one on the 8th.
Mr. Plummer: Take your choice.
15. URGE METRO TO EXTEND ITS REGULATION OF FOR -HIRE VEHICLES BY ENACTING
ORDINANCES WHICH WOULD INCLUDE REGULATION OF HUMAN -POWERED FOR -HIRE
VEHICLES.
Mayor Ferre: Item "B", discussion of the DA-BAR Pedicab Service, Inc.
This item was scheduled on January 19th Commission meeting. Mr. Manager,
item "B".
Mr. Walter Pierce: Mr.`Mayor, members of the City Commission, Pedicab
Service has been requesting that the City grant them an occupational
license to operate a human powered cycle -type conveyance for passengers
in downtown Miami and possibly later, in other parts of the City. The
on
sl 00
FEB 91984
0
Mr. Pierce (Con't): Administration takes the position that the City
should not be involved in the regulation of for -hire vehicles. In
1981, if you recall, Dade County usurped all authorities of all
municipalities to regulate for -hire vehicles. We now urge the Commission
or request the Commission to adopt a motion that would urge Dade County
to amend its present ordinances to incorporate references to human -
powered vehicles.
Mr. Perez: That is your recommendation?
Mr. Pierce: Yes, it is. Mr. Gates we had assumed would be here. He
is the proprietor for DA-BAR Pedicab, and I don't see him present.
But I would also advise that there is presently a service called
Royal Rickshaw, presently operating in Coconut Grove. These services
are operating, by the way, without ... in absence of any regulation by
the City of Miami.
Mr. Perez: Do we have any comments on this issue?
Mr. Plummer: You are asking us to adopt a motion to urge Dade
County
to exercise control?
Mr. Pierce: To amend its statute to include for human -powered
for -
hire vehicles.
Mayor Ferre: Is that what you want to do?
Mr. Plummer: Fine, if that is what they are recommending, I have
problem with it.
Mayor Ferre: Is that the recommendation, Mr. Manager?
Mr. Gary: Yes, sir.
Mayor Ferre: Is there a second to that motion?
Mr. Perez: Second.
Mr. Carollo: Would you repeat the motion, please?
Mr. Plummer: The motion is urging Metropolitan Dade County to
exercise
some control over the rickshaws and pedicabs, that it is not a
City
function.
Mr. Gary: They took it over some time ago, the cabs.
Mr. Carollo: Right.
Mayor Ferre: All right, is there a second?
Mr. Carollo: Second.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 84-136
A RESOLUTION URGING THE METROPOLITAN DADE COUNTY
BOARD OF COUNTY COMMISSIONERS TO EXTEND ITS REGU-
LATION OF FOR -HIRE VEHICLES BY ENACTING ORDINANCES
WHICH WOULD INCLUDE THE REGULATION OF HUMAN -POWERED
FOR -HIRE VEHICLES.
(Here follows body, of resolution, omitted herein and
on file in the Office of the Clerk).
sl
34 FEB 91984
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Upon being seconded by Commissioner Carollo, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
16. APPROVE USE OF SURPLUS FURNITURE FOR THE "STATUE OF LIBERTY"
PROJECT - LITTLE HAVANA OFFICE.
Mayor Ferre: Take up item number "C"
Mr. Cesar Odio: Mr. Mayor, members of the City Commission, Nick Morley
contacted the Mayor's office requesting the use of two desks, four chairs
for the Little Havana Community Center office they have open for the
Statue of Liberty. I found that we do have some used equipment within
the City.
Mr. Dawkins: So move.
Mayor Ferre: Moved by Dawkins.
Mr. Perez: Second.
Mayor Ferre: Seconded.
Mr. Carollo: Second.
Mayor Ferre: Further discussion?
Mr. Odio: Mayor, could you make that with the provision that they
will return it after?
Mayor Ferre: Of course, it's City property. So, obviously, after
the Statue of Liberty thing, whatever it is, is finished, it's got
to return.
Mr. Odio: I just wanted it on the record, thank you.
Mayor Ferre: It is City property.
Mr. Plummer: Termites and all.
Mayor Ferre: Further discussion? Call the roll.
I
sl
VV FEB 9 984
The following motion was introduced by Commissioner Dawkins, who moved
its adoption.
MOTION 84-137
A MOTION APPROVING USE OF SURPLUS FURNITURE FOR
THE "STATUE OF LIBERTY PROJECT" -LITTLE HAVANA
OFFICE, AS PROFFERED BY THE ADMINISTRATION THIS
DATE.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
17. ACCEPT ADMINISTRATION'S RECOMMENDATION FOR SELECTION OF LOCAL BOND
COUNSEL AS CONTAINED IN MEMO FROM CITY MANAGER THIS DATE.
Mayor Ferre: Take up item "D", selection of the Bond Counsel. How does
this come up?
Mr. Garcia -Pedrosa: Beats me.
Mr. Randolph Rosencrantz: Mr. Mayor, at the last meeting you instructed
the Administration to prepare criteria for the selection of the co -bond
counsel. The memorandum that you have before you lays out the criteria
that will be used for the selection and instructs the firms that are
interested as to what kind of data we would expect them to submit.
Mayor Ferre: I think there is a major misinterpretation in this statement
that bond counsel...I don't know where you got this thing of $10,000,000
units of bonds. I never said any of that.
Mr. Plummer: No, you asked them to adopt some of the policy.
Mr. Gary: No, you asked us to come with the policy.
Mr. Plummer: That's what they have adopted.
Mr. Gary: You asked us to come up with the policy. This policy
obviously could be changed by the City Commission. Mr. Mayor, the
reason we did this is because we normally sell bonds, usually, once
a year. This is a design to try to give as many people that you
select -don't forget now, this R.F.P. once it comes in, you have to
identify those firms- once you select the people, we want to give
everybody an opportunity to participate. That's the only reason,
because we don't sell bonds that often.
Mayor Ferre: I have no problems in doing it. I just think that the
$10,000,000 is just going to make it unreasonable. For example, suppose
the Orange Bowl Bonds get through. You are not going to sell them at
$10,000,000 increments, you are going to....
sl
FEBim
9 1984
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Mr. Gary: No, we're not going to sell them at $10,000,000 increments.
However, if it is a $50,000,000 bond issue, what was proposed here
is that we use the primary consultant firm plus four or five local
people, so they can get the experience. Now, if you want to increase
that from ten to twenty, that would be fine. But, Mr. Mayor, we don't
sell them that often and we're just trying to give you the opportunity
to give to everybody else the opportunity to participate. If you want
twenty, that would be fine.
Mayor Ferre: I would prefer to put a figure of twenty, which makes it
more practical. I wouldn't make it exact. It might be $22,000,000;
it might be $25,000,000. I would say that the issue is that we want
to revolve it so no one arm gets all the business. That's the issue.
Mr. Gary: Correct.
Mayor Ferre: But whether it is revolved in ten, twenty, or twenty-five
million increments, obviously it has to be within reason.
Mr. Gary: Mr. Mayor, let's asume...you know, everything is not cut and
dry. Let's asume that it is $25,000,000 or $22,000,000. It has to come
to the Commission and you decide at that time, and obviously because it
does not go over to forty, that you would only use one.
Mayor Ferre: I understand. I just want the record to reflect that.
So the criteria would be asurance that a senior partner with expertise
in bond financing will be responsible, the legal work will be acceptable
to the City to answer inquiries and discuss programs and so on. That's
fine. Evidence of depth of legal talent with capacity to handle bond
work, expertise in the field of Federal income tax, project funding
and other specialized areas, applicable specialized areas. You didn't
say...I mean you could have a law firm that is specialized in injury
and negligence cases, which has nothing to do with this, applicable
specialized area; have a principal office within the City of Miami
area; provide asurance of representative minority partner; provide
evidence of volume of pro-bono work performed within the City of Miami.
Mr. Manager, with regard to Brown, Wood, Ivy, Petty, and Mitchell, I
just want to put on the record that I have no objections for now. I
was the person on this Commission way back when that originally recommended
Brown, Wood, Petty, Ivy even before the County was using them, they have
subsequently become counsel to the County and to the City. I might
point out that the County also rotates besides the local firms, the
national firms. I'm not for that at this point, because I realize
the importance of continuity with one firm, but I might point out that
in the future, once Mr. Guandolo, who is now past 80 does retire, that
I would have a different opinion, and there are about ten major bond
counsel firms that have the same kind of acceptability on Wall Street.
I'm not going to make an issue of it now, but in the future I will be
making an issue out of this so that there are national firms that,
for example, have specialized in such things as bond issues for stadiums.
There is no reason. Stadia is the plural of stadiums. If there is no
reason in the future, if somebody so wishes to present someone other
than Brown, Wood, Ivy in a very specialized matter can do as good if
not a better job, why we would forever and perpetuity be tied to Brown
Wood, Ivy. I just want to make that clear up front and early on, so
that if and when it does happen that you don't have chisel into stone
here that Brown, Wood, Ivy is here forever. Are there any questions
of the recommendation, as presented? Again, for the record, would you
tell us in your words, Mr. Rosencrantz, once the ... we are going to
advertise, we are going to get the specific information, submit the
data, method of submission would be through you, you will then bring
those that meet the qualifications to the Commission.
Mr. Rosencrantz: I think that's the plan.
I understand, will be a joint'effort between
Administration. The list will be formulated
City Commission.
sl 37
The review of the qualifications,
the Law Office and the
and then brought to the
FEB 91984
0 #
Mayor Ferre: The one thing that I want to put into the record is that
I think the Law Department has to be involved in the process because
they, too, need to have input. I have no problems with comments on
the part of the Administration regarding law firms, if you so wish.
Say, this particular law firm happens to have previous experience or
happens to have two Hispanics, five women and one Black partner, I
don't have any problems in that kind of...I do not think that we should
get into a numerical system or a specific rating on the recommendation,
but rather just submit to the Commission those that have qualified. Is
that correct? This is not, Mr. Manager, this if it is adopted now, it's
what we would do in the future. We're not going to make it retroactive.
It's not going to be post-... I have no further questions. Any other
questions? Is there a motion?
Mr. Plummer: I would assume that it's proper that we place it on the
agenda?
Mr. Gary: I got to R.F.P. and Jose and I will come back with the names.
Mayor Ferre: I think what we need is a motion of acceptance of the
Manager's recommendation for implementation....
Mr. Plummer: I move we accept the recommendation and let him proceed.
Mayor Ferre: Is there a second? Is there a second? Further discussion?
Moved by Plummer. Seconded by Dawkins. Call the roll on item "D".
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION 84-138
A MOTION ACCEPTING THE ADMINISTRATION'S RECOMMENDATION
FOR THE SELECTION OF LOCAL BOND COUNSEL BY THE CITY
COMMISSION, AS CONTAINED IN MEMORANDUM FROM THE CITY
MANAGER DISCUSSED BEFORE THE CITY COMMISSION THIS DATE.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
18. AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH MARILYN REED
FOR POSSIBLE CONSULTANT SERVICES.
--------------------------------------------------------------------------
Mayor Ferre: Take up item "E", Mr. Sisser.
Mr. Rick Sisser: Mr. Mayor, Commissioners, you have in your packet a
list of legislative priorities which has been suggested by the Manager's
office with input from me a0d his staff. The report on one of the
proposed priorities, the 3% convention development tax yesterday in
Tallahassee, we passed the revised legislation out of committee, which
would allow the Department of Revenue to collect the tax as adding a
severability clause, if those people in the north end of the County
continue to sue regarding constitutionality of letting Surfside and
� FEB 91984
sl
0 0
Mr. Sisser (Con't): and Bal Harbor out, we would still have the tax
and that would be the only part of the bill that would be found un-
constitutional. I think I'm here to find out if there are any additions
to the priority list that any of the Commissioners might have, or the
Mayor, and also your approval of this as our primary goals and we will
be adding to it as the session progresses.
Mr. Dawkins: I have looked at it, Mr. Sisser, and I think in my opinion
it doesn't cover areas that I want covered, so I'll be giving you a list
and the Commission members of some other items that I would, I think, we
should address at the State legislature.
Mr. Plummer: Mr. Sisser, let me say to you, sir, I have read your list
of priorities and those that you will oppose. I think that if you do
nothing more in this session than fight for this City's position as it
relates to Proposition 1, I think your money is well received. I don't
think that this City can afford to have the imposition of Proposition 1.
If the people vote for it, and they fully understand what they are doing,
I can live with it. But I am very concerned that the way this matter is
being presented to the public at the present time, they are not aware of
what the consequences in the years to come, the reduction of firemen,
the reduction of policemen, the total reduction of municipal services,
I say to you sir, that every ounce of your effort this year needs to go
into addressing the problem of Proposition 1. Needless to say other
matters will come up at the session, and these matters you have outlined
here. But I want to tell you as one Commissioner that if you do nothing
more in Tallahassee but address the issue of Proposition 1, I think the
fee that we pay you is money very well spent.
Mr. Sisser: I have been sitting with the Proposition 1 Task Force,
which is headed by Clark Merrill, Intergovernmental Affairs, and will
continue to do so and bring our concerns to the ears and eyes of the
legislature.
Mayor Ferre: I gave Walter Pierce, Mr. Manager, since I couldn't find
you and I couldn't find Clark Merrill after 5:00 o'clock or 6:00 whatever
it was. Last Monday at the South Florida Regional Planning Council
a whole series of legislative acts that are moving along in the
legislature, were discussed, the main thrust of which, Mr. Manager,
would, if passed, either completely emasculate, remove, or greatly
weaken the zoning and planning authorities of all local governments,
including the City of Miami. I was frankly surprised, Mr. Sisser,
that I was not made aware... this City is evidently not aware of the
existence of those bills. Marilyn Reed, you may have been aware,
but the Administration has not forwarded any such information to
us and neither has Mr. Sisser. I hope that I'm wrong and I hope
that you would correct me. When I saw that packet and heard what
the intent and how tricky all that stuff was and how things can hang
on the judicial interpretation of a word, like water -management and
water in all these things, you know, fortunately, we caught it at that
point and stopped it. The South Florida Regional Planning Council has
gone on record with tremendous amount of legal work on these issues.
I asked if they had been in contract with Mr. Garcia -Pedrosa or with
the City of Miami Administration, and they have not. So I have hand-
written a memo to you and gave to Walter to give to you and asked for
Mr. Sergio Rodriguez and for Mr. Garcia -Pedrosa or the appropriate
people that both the Administration and City Attorney to really get
into this and get it in detail. But I was ... are you aware of all these
bills, Rick?
Mr. Sisser: I have sent copies of
They had a hearing on some of them
a long legislative process for them
passed.
the bill to the Manager's office.
in Tallahassee this week. There is
to go through before they are
sl FEB 9 1984
Mayor Ferre: I think this Commission needs to go on record. In my
opinion it's up at the very top of your legislative priorities, as
opposed. It would take away one of the... if that were... as I understand
it, if these bills were to go through, then Mr. Rodriguez you, and your
staff would not be needed in the City of Miami, you would be working for
the State of Florida. We'd just turn everything over to the State of
Florida, like we turned over libraries or water and sewer and other
governments, we'd just turn the whole planning and zoning process to
somebody else.
Mr. Dawkins: Mr. Mayor, may I comment on that? I was up there Tuesday
and I ran into ... and I also, Marilyn Reed, and I also ran into a person
from Ft. Lauderdale, who is paid strictly to fight to follow this issue
from place to place. So I really think that this Commission needs to
put somebody up there, because Mr. Sisser can't be at everyplace. I
was up there Tuesday and they eight Commission meetings. I think about
four of them dealt with this one issue. So even if he had been in one,
we still would have had three uncovered. So I think we need to have
somebody there on this issue.
Ms. Marilyn Reed: May I give you some information pursuant to what
you said, Mayor? I've been following the Elm's Committee, which is
where that information you spoke to came from. That is going to
dove tail with Ray Laberti's Growth Management Committee. These things
are going to come together. You haven't seen all the legislation yet,
because they are just working in committees now, as you are aware of.
In addition to that, when I ran into Mr. Dawkins up there, I was going
to committee hearings and addressing new... see, what they are doing is
trying to come in and remove local authority through the back door on
environmental laws, which you have not heretofore paid attention to.
Now you are going to have to, because you are losing your authority
through that method. I sat up there Monday and Tuesday and I listened
to Wayde Hoppie, from the phosphate industry, Bob Rhodes and all these
other people, you never even dreamed existed: agriculture, citrus,
they want to remove that authority that sits in those statutes now
where you have the right to veto or review a project that is water -
oriented or is in the water. You have a great deal of water in this
City. They want to remove what they are calling all local authority.
One of the things that I would recommend that you put on your list here,
is to oppose and to work with the League of Cities. Their position was
very weak. But you all need to look at this very carefully and oppose
the removal of any of your authority on any of these bills. They are
very complex. They are very complicated. But this year you are seeing
a brand new Wetlands Act and most of this is coming through that.
They are rewriting all your permitting laws. You are going to see giant
changes. In that you may drop through the cracks. This is what you
really need to watch.
Mr. Gary: Mr. Mayor, can I recommend that, not only we study this, but
that because of Marilyn Reed's expertise, that you give us authorization
to allow us to enter into some agreement with her to assist us in this
very specialized matter, if that is O.K. with the Commission.
Mayor Ferre: I'll recognize that idea in a moment, see if we have a
motion on it. I want to see if there is anything else that we need to
tell our lobbyist. Rick, there is also a question on State funding
for the portion of transportation that affects the City of Miami. For
example, you know that Metropolitan Dade County is not pushing for
an extension of the People Mover System, both north and south legs.
That is going to require certain State funding, so I think that needs
to be added to the list. We also have the M.M.A.P. legislation, which
I have not seen anything on, Mr. Manager. There is a requisition on
the part of M.M.A.P. to add the whole series of the question of legislation.
Are you aware of that, Rick?
sl `Zl
FEB 9 1984
# 0
Mr. Sisser: Yes, sir, I went to a couple of the meetings. Some of the
things that they are requesting, I'm not sure that it is advisable for
the City to be involved in. There are three issues that I've talked to
your staff about, that I think might be of interest to the Commission.
One is the Dade County Community Revitalization Board for continued
funding; one would be to expand what we passed last year on the docstamp
program for low and middle income housing to include it to rehabilitation
and construction of rental housing. A third issue was the reduction of
the paperwork required for the revitalization of job incentive credit
program. These are three areas that I think we could get involved in.
Two other areas I think deal with gifted programs in the school board.
I question if we should be in a battle with the Dade County School
Board on those matters.
Mayor Ferre: Anything else? Do you need any motion or action on this?
Mr. Plummer: Mr. Mayor, I would make a motion at this time that the
Manager be authorized to enter into discussion with Marilyn Reed as
to the possibility of this City having her represent us in certain
areas and come back before this Commission and give us his recommendation.
He can do that, I am sure, at the next meeting. I move that in the form
of a motion.
Mayor Ferre: Is there a second?
Mr. Carollo: Can you repeat that motion?
Mr. Plummer: Yes, that the Manager be authorized to enter into discussion
with Marilyn Reed for the possibility of representing us before the
legislature in certain areas in which she holds expertise and report
back to this Commission at its next meeting with a recommendation.
Mr. Carollo: Second the motion.
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION 84-139
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER
TO ENTER INTO DISCUSSIONS WITH MARILYN REED FOR A
POSSIBLE AGREEMENT IN ORDER THAT SHE MAY REPRESENT
THE CITY OF MIAMI IN CERTAIN AREAS WHERE SHE HAS
SPECIAL EXPERTISE CONCERNING LEGISLATIVE PROPOSALS
TO BE CONSIDERED BY THE 1984 LEGISLATURE WHICH
COULD POSSIBLY ADVERSELY AFFECT THE AUTHORITY OF
THE CITY OF MIAMI; FURTHER INSTRUCTING THE CITY
MANAGER TO COME BACK WITH HIS RECOMMENDATIONS AT
THE NEXT CITY COMMISSION MEETING.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Mr. Gary: Mr. Mayor, you want to get a motion on what has been presented
with the caveat that he, has to sit down with members of the Commission
and make additions if they so see fit.
Mayor Ferre: O.K.
41
FEB 91984
sl
Mr. Plummer: I so move.
Mayor Ferre: Plummer moves that legislative purpose as outlined this
morning be adopted by the Commission with the caveat that members of
the Commission will have the ability to bring before the Commission
before finalization any further issues.
Mr. Carollo: Can we have them outlined one by one again?
Mr. Plummer: Joe, they are in section E.
Mr. Carollo: I know, J.L., but I think there were some that were
discussed that were added on.
Mr. Sisser: The ones that were discussed were adding Proposition 1,
adding the entire environmental package that might have any negative
impact on the City's ability to regulate State funding for the People
Mover's System, and the three M.M.A.P. proposals that I discussed,
the Community Revitalization Board funding, the expansion of the
docstamp tax program to construction of rental housing for low
income families, and the reduction of paperwork to make credit more
attractive to business in the Rehabilitation Job Incentive Credit
Program.
Mr. Carollo: Mr. Mayor, if I could, I would like to defer this for
the afternoon.
Mayor Ferre: You would like to defer this for the afternoon?
Mr. Carollo: Yes, I'm not in agreement with everything that is there.
I'd like to have the opportunity to vote for the things that I am in
favor.
Mr. Plummer: I withdraw the motion.
Mayor Ferre: We will come back and do item "E" this afternoon.
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19. DISCUSSION OF TOWNHALL MEETINGS AND DECLARING THAT THE
MEETING WOULD START AT CITY HALL FROM 9:00 A.M. TO 1:00 P.M.
AND RECONVENE AT REMOTE LOCATIONS AT 3:00 P.M.
Mayor Ferre: We are now on item "F", discussion of the Town Hall meetings.
Mr. Manager.
Mr. Manny Alvarez: Mr. Mayor, members of the Commission, the Commission
has expressed its desire to take the Commission meetings on location to
the different neighborhoods.. We are presenting this plan with the hope
that you will approve this, the sites, and furthermore that you establish
the hours. We are planning for working Commission meetings; these will
not be the public hearing type meetings, but actual working sessions
with a normal agenda and all the other components set forth in the Charter.
We have chosen a good cross sample of the community and the only problem
that we have now is on the setting of the hours, whether we will go with
the 9:00 to 9:00 format, or whether the Commission wishes to set a
different time.
0
sl 42 FEB 9 1984
Mayor Ferre: In the first place, I think you need to add Black Grove
to the list. The rest of the list is fine: Liberty City, Flagami,
Allapattah, Overtown, Little Havana, Northeast Wynwood, Edison,
Downtown. I do think that Black Grove, even though it is very close.
Mr. Gary: It is very close and there is no place either.
Mayor Ferre: Well, but you know Howard, I could use the same argument
with downtown. I could use the same argument with Little Havana. I
could use the same argument with Overtown. I mean Overtown is five
minutes from here, seven. I would just add Black Grove. I think it
is psychologically important. You have heard the same arguments I
have. We're always worrying about Overtown. We're always worrying
about Liberty City and we never talk about Black Grove. I would just
add that. With regard to the time, there is a cost involved in all
of this of setting up the microphones and the communication system
and what have you. It is, Mr. Manager, I don't think we need to be
meeting in there all day from 9:00 in the morning. The purpose of
this is to permit people in the community to have access to the
Commission. Most people are working people. Most of the people
that may want to come down to see the Commission work. I frankly
think that we could meet in the afternoon, whether it be from 2:00
on, or whether it be from 5:00 on, I don't care. Whatever the Com-
mission wants, but I don't think we need to meet there in the morning.
Mr. Gary: This is a recommended policy, Mr. Mayor. We need some directions
from you now in terms of finalizing.
Mr. Plummer: Can I make a suggestion that the first one not be Liberty
City, but either be the West End or Curtis Park area and we can dove
tail the two things together, the townhall meetings plus the dedication
at that particular facility.
Mayor Ferre: That's fine.
Manny Alvarez: The May 10th meeting is planned for the Allapattah area,
not far from Curtis Park.
Mr. Plummer: Well, but I'm saying that on ... both, as I understand, both
facilities are finished and ready for dedication. If you could, either
West End or Flagami, as you call it, or Allapattah on the first meeting,
I think then the Commission could do both things at the same time.
Mayor Ferre: The problem is, as the memorandum explains it, that they
need forty days' notice for planning time.
Mr. Plummer: Mr. Mayor, I'm just trying to kill two birds with one
stone.
Mayor Ferre: Yes, I know, but we have legal problems. We have to
get sound technicians, which I guess we can do.
Mr. Plummer: Well, what do you think? March 8th we have to have it
here?
Mr. Alvarez: No, we are recommending...March the 8th will be a regular
Commission meeting.
Mr. Plummer: Here?
Mr. Alvarez: No, March 8th will be at Miami Northwestern, where we
are recommending. It will be a regular Commission meeting at Miami
Northwestern High.
Mr. Plummer: That's less than forty days.
Mr. Alvarez: Planning and'ZAning meetings require the thirty day
advertising. Regular Commigsion meetings ten days will suffice.
The only Planning and Zoning meetings that you see in the suggested
sites are the April 26th, that will be a Planning and Zoning meeting;
sl 43 FEB 91984
Ll
0
Mr. Alvarez (Con't): September 27th is Planning and Zoning, and October
25th is another Planning and Zoning. All the others are regular Commission
meetings, with ten day requirements.
Mayor Ferre: I think what Commissioner Plummer is saying is that we ought
to do West End or Flagami or Curtis Park first and inaugurate the park
at the same time. I think it makes a lot of common sense. I would
subscribe to that. You are asking for policy, right? The other policy
question is when. In my opinion it ought to be in the afternoon. Do
you want to do it at 2:00 o'clock or you want to do it at 5:00?
Mr. Plummer: Mr. Mayor, what we had done in the past that worked out
very well was to hold our meetings here in the morning, then our two
hour lunch break and we convened back at wherever the town hall meeting
would be.
Mayor Ferre: That's fine. Do you want to do it that way?
Mr. Plummer: It gives the Clerk and the rest two hours to do all what-
ever is necessary.
Mayor Ferre: Is that all right with everybody here?
Mr. Plummer: It is fine with me.
Mayor Ferre: The only thing that I would like to do in changing, just
so that we can be more efficient in our work, is that instead of
convening at 2:00, we convene at 3:00, and instead of breaking
at 12:00, we can break at 1:00. So that we can go to 1:00 and then
have the two hour break between 1:00 and 3:00, rather than meet at
2:00, what is going to happen is that we'll break at 12:00 and by
the time we get back there, it's not going to be 3:00. I'd rather
be able to work at least from 9:00 to 1:00, which gives us a good
four hour work period to get most of this non -controversial stuff
out of the way. Is that acceptable to everybody? All right, so
in other words, then the policy...is that all right with you, Demetrio?
9:00 to 1:00 here, reconvening at 3:00 o'clock at wherever the town hall
meeting is. Anything else? Is there a motion? Do we need a motion to
adopt?
Mr. Plummer: So move.
INAUDIBLE COMMENT FROM AUDIENCE.
Mayor Ferre: Sure, I have.no problem with that.
Mr. H.T. Smith: H.T. Smith, 1017 N.W. 9 Court, I think it is important
what Commissioner Plummer said about having some kind of activity or
some type of public input relevant to the area that you are in. It
really is going to be frustrating to meet in the area, unless you are
going to have something where the people will have a reason to come
out and participate in the dedication or come out to voice their opinions
to really have some access in the dialogue, so I hope that in the context
of what you are trying to do, that you really take serious consideration
in what Commissioner Plummer says and have something that the people
will want to come out for.
Mayor Ferre: Thank you, Mr. Smith. That has always been the way we
handled it in the past. That's the way I would intend to handle it
in the future. We'll try to make it as relevant to that particular
area as possible to give people reason and cause to be present. In
other words, there is no use having a meeting at Liberty City, when
everything that is discussed deals with Coconut Grove. So we'll try
to make them as relevant as we can. I must tell you that doesn't
always work out. I mean, it may be that for the next four or five
months we may not have a hot item that affects Allapattah or Wynwood.
There is nothing to dedicate. So, we'll try, I think the Manager will
have to try as best he can. Plummer, you moved. Is there a second
for the adoptation of this -town hall meeting policy?
Mr. Carollo: Second.
44 FEB 91984
sl
Mayor Ferre: Carollo seconds; further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION 84-140
A MOTION ACCEPTING THE RECOMMENDATIONS OF THE CITY'S
ADMINISTRATION IN CONNECTION WITH THE SCHEDULING OF
"TOWN HALL MEETINGS" TO BE HELD IN VARIOUS AREAS OF
THE CITY DURING THE REMAINDER OF FISCAL '84; FURTHER
DECLARING THE CITY COMMISSION'S POLICY THAT ON THE
DAYS OF SUCH MEETINGS, THE REGULAR MEETING WILL CONVENE
IN THE CITY HALL CHAMBERS FROM 9:00 TO 1:00 P.M. AND
THAT THE COMMISSION WILL RECONVENE AT 3:00 P.M. WHERE -
EVER THE TOWN HALL MEETING IS SCHEDULED FOR THAT DAY.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
---------------------------------------------------------------------
NOTE FOR THE RECORD: The hereinabove matter was later amended by
stipulating that this new system of town hall meetings will begin
in April, 1984.
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---------------------------------------------------------------------
NOTE FOR THE RECORD: By request of Commissioner Dawkins, item "H"
was deferred until the next meeting.
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WHEREUPON, THE CITY COMMISSION WENT INTO A
BRIEF RECESS AT: 12:00 NOON, RECONVENING AT:
2:25 P.M., WITH ALL MEMBERS OF THE COMMISSION
FOUND TO BE PRESENT EXCEPT: Commissioners
Carollo and Perez.
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NOTE FOR THE RECORD: Agenda items 6 and 10 were deferred to the next
meeting, Planning and Zoning, February 28th.
---------------------------------------------------------------------
19-A. PRESENTATIONS, PROCLAMATIONS, SPECIAL ITEMS.
1. Proclamation presented to Dr. Thomas Coursey, Director and Mr.
Howard Walton, Instructor, Health Occupations, Lindsey Hopkins
Technical Education Center Day.
2. Commendation presented to Mr. Orlando Sanchez, for his contributions
to promoting sports in Miami.
3. Proclamation presented of Miss Afro American Day to Ms. Pamela
Young, Miss Afro American, and Mr. Andrus Grayson, founder of the
Pageant.
45 FE8 91964
0
sl
4. Proclamation of Eye Health Care Month presented to Dr. Alfred G.
Smith, Florida Society of Ophthalmology.
5. Proclamation of New World Tourism Mart Day presented to Mr. Horst
Petersen.
20 RESOLUTION EXPRESSING DEEPEST SYMPATHY ON THE UNTIMELY DEATH OF
DANTE JON FASCELL, JR.
--------------------------------------------------------------------------
Mayor Ferre: Ladies and gentlemen, I have the sad task to inform you
that earlier this morning, Dante J. Fascell Jr. lost his life in a major
accident on the highway to Key West. It seems particularly sad and ironic
since his father, Congressman Dante B. Fascell has been the champion for
the improved conditions of that road and its expansion. I would, if
the City of Miami is all in agreement, I would like for all of you to
stand and I'd like to ask for one minute of silence on behalf of the
soul of Dante J. Fascell, Jr.
ONE MINUTE OF SILENCE.
Mayor Ferre: Commissioner J.L. Plummer moves, Commissioner Perez seconds
a resolution of condolences to the family of Dante J. Fascell, Jr. for
his terrible loss. Call the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 84-141
A RESOLUTION EXPRESSING THE DEEPEST SYMPATHY AND
SINCEREST CONDOLENCES OF THE CITY COMMISSION ON
BEHALF OF THE CITY OF MIAMI AND ITS CITIZENS TO
THE FAMILY AND FRIENDS OF DANTE JON FASCELL, JR.
UPON HIS DEATH.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Perez, the resolution was
passed and adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
---------------------------------------------------------------------
NOTE FOR THE RECORD: Agenda item "I" was continued to March 8th.
4V
FEB 91984
sl
21. DISCUSSION ITEM CONCERNING STREET VENDORS.
--------------------------------------------------
Mayor Ferre: The next item is "J" regarding street vendors. Are you here
to talk to us about street vendors?
Mr. Sergio Rodriguez: Mr. Mayor and members of the Commission, you asked
us a few days ago to come back with our recommendation about vending on
the downtown sidewalks areas and on sidewalks throughout the City.
Commission Plummer asked for an ordinance to be City-wide. It has been
prepared by the Law Department, which we are attaching to this package.
We also have a preliminary draft dealing with sidewalk regulations that
they prepared and the proposed policies that we have for the Flagler
area. If you agree with the policies that we are recommending here today,
we will prepare an ordinance to be brought back to you for the March 9th
meeting. Before that, we will have a public hearing....
Mr. Plummer: How about March 8th?
Mr. Rodriguez: That sounds better, March 8th meeting and before that
we would have a public hearing to also comply with the request from
Commissioner Perez that we have a public hearing on this matter before
we prepare an ordinance to be brought before you.
Mr. Plummer: Sergio, so that the
motion made by me, but I think it
this matter was brought before the
merchants.
Mr. Rodriguez: Yes, sir.
record is clear, this matter was a
is very much important to note that
Commission by a group of downtown
Mr. Plummer: They were the ones that came to plea with this Commission
to take some action of regulation. In fact, I did make the motion to
send it to you to in fact come back with a recommendation. I likewise
concur with my colleague who says that we should have a public hearing.
Just making the record clear.
Mr. Rodriguez: We have members here of the Downtown Business Authority.
Mr. Willy Gort is here to talk about this issue. If you want to, I can
go into some of the general policies that we have in our proposal.
Basically, the policy that we are proposing and the regulations that
we are proposing to include in the ordinance deal with trying to have
proper regulations so that these vendors will be allowed in certain
areas under very special conditions. We believe that because of the
narrowness of some of these sidewalks and the flow of the pedestrians
in the areas that shouldn't be interrupted, we had to take those things
into account. At the same time we believe that this could be something
that can stimulate positive image for downtown, if done properly. The
boundaries of the area in downtown, -I'm going to be talking about
downtown only- are on the north, the N.E. and N.W. 5th Street, on the
east, the Biscayne Boulevard, on the south the Miami River, and on the
west the N.W. and S.W. 2nd Avenue. In the procedures that we are
including for your consideration....
4'7
FEB 91984
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Mr. Plummer: Question, why did you exclude Bayfront Park and the other?
Mr. Walter Pierce: The park is covered by separate regulations.
Mr. Rodriguez: We have a city wide, as I mentioned, there is a separate
city-wide ordinance attached. In relation to the procedures we identify
certain things will be included, such as the period of time for which
this permits will be in effect, which is one year; the fee has to be
paid by them to apply for it; the liability they will have to carry;
the compliance with other regulations, such as the Health Department's;
the maintenance of the area around them; and the removal of vending
carts for temporary activities that we might have in the area. In
addition to that, we identify in the downtown area approximately forty
vending locations. The locations that were identified were based on
the width of the sidewalk, as it relates to the volume, and the flow
that we were trying to keep going through, the relationship to other
uses, buildings, street corners, bus stops, and so on, the non-
interference with loading zones and taxi stands and public facilities
and enough distance between the vendors. We are proposing that the
vending locations be assigned on a lottery basis and that only, that
each location will be assigned to one vendor only, and that only one
vendor will be assigned to a maximum of one location. We will also
allow some minor modifications on location, based on the local conditions
as we start seeing how they work. We will require them to display
permits all the times and no transfer of ownership. We also specify
the types of products....
Mr. Plummer: Segio, can I, because you are going to have to go through
this scenario again at a public hearing. I would hope that my colleagues
have seen the ordinance as proposed to give you any changes they want;
other than that, I think, let's say that set a date for a public hearing
and take it from there.
Mayor Ferre: What day do you recommend for the public hearing?
Mr. Plummer: March 8th.
Mayor Ferre: Is that early? We are going to have a busy March 8th.
Mr. Garcia -Pedrosa: That's fine.
Mr. Rodriguez: We were recommending to have a public hearing in which
you didn't have to be there. Then bring back to you....
Mayor Ferre: I would be very grateful for that. So you set your
own public hearing date. If we need to....
Mr. Rodriguez: We'll do that. We can take care of that.
Mayor Ferre: Do you need any action from us at this point?
Mr. Rodriguez: Just that if you have any proposed changes generally
on what we have in the ordinance, the regulations will do it.
Mayor Ferre: After you have your public hearing, you let us know
what the final proposition is, and then we'll have some input into it.
Mr. Rodriguez: Very good.
Mr. Perez: Could I ask him something? How are you going to choose
the site. You said. that you had a lottery system?
Mr. Rodriguez: What we'are proposing is we have established about
forty locations in downtown. Based on those locations that are based
on the width of the sidewalks and so on, we will have a lottery system.
People will apply and the forty winners will get placed.
Mayor Ferre: Let me just give you some thoughts that I have always
had. In the first place, I think that there must be ethnic balance.
I don't care what kind of a lottery system; if there are five hundred
48
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FEB 91984
Mayor Ferre (Con't): Blacks and only 50 Latins that apply, it has to
be a balanced system. In other words, it can't be all Cubans or all
Puerto Rican or all Black or all White American. It has to be part
and parcel -I don't care. I know it is nasty to talk about quotas.
I want to tell you something, I disagree with the anti -defamation
league. I have no problems with quotas. We have to do it on a quota
system. You have to say, we have forty spots; ten are going to go to
Blacks, and ten to Hispanics, ten to Whites and the rest whoever they
fall, that's O.K. with me. That is number one.
Number two, none of this thing about Blacks getting Black parts
of town and Latins getting Latin parts of town, and downtown is Latin.
No, no, everybody gets a fair crack at the hot spots and everybody
gets an equal chance on them.
Number three, I don't want anybody to have the lucrative corners
for more than a reasonable period of time. If it is a year, that's
fine. At the end of the year, you had your chance, Buddy, you move
to the next. I don't mind if you want to do a lottery system where
they'll know where they are going the second year. That's O.K., so
they know where they are going next year, so they don't have to go
out and buy $5,000 worth of refrigerating equipment and then say,
well, what am I going to do next year when I get a very bad corner?
Number four, if any of these guys sell their license, or rights,
I don't mind that being done, if I am the lucky guy that gets the
corner of Flagler Street in front of the Courthouse, and I want to
sell it to you, I don't mind that being done, provided it is fully
disclosed.
Mr. Rodriguez: May I say something on this?
Mayor Ferre: O.K., and if you don't want to do it, then make very sure
that you put in there strenuous language so that cannot be done. Because
I don't find out after the fact that Juan Perez, who got the license,
ends up selling it for $20,000, you know. Or, because otherwise, you'll
get 20 people bidding for this on a lottery concept because hoping that
they'll strike it and get the good corner and then go out and sell it
and make $10,000. So, if you are not going to allow it, you have to
make sure that it is legal and you have stringent constraints on it.
Next point, I think that if anybody wants to sell and get a license
from the City to be a vendor, and I saw that you have the specs on the
equipment on all that kind of stuff, that there has to be sanitation
and all that, I think that they ought to wear a uniform. I don't want
somebody selling me a hot-dog in a broken down,greasy T-shirt. I see
some of these guys that they may be selling -I love those Hebrew National
Hot-dogs, and the other day I was going to go buy one and I saw the guy
selling it, and I went to the other guy and bought it. Frankly, I
regreted it, because it was a lousy hot-dog. The next time I'll
probably buy it from the guy who had the... and he was a guy, you know,
with a long, blonde beard and what have you, but he had a dirty, filthy
T-shirt with a hole on it, you know. If somebody is going to be making
money off a license that we give, then I think, if you don't want to
have a uniform, then you establish some kind of acceptable code. I
don't think you can enforce a code like that, because how are you going
to say you have to look decent and clean. What does that mean? So,
therefore, I think they ought to have a T-shirt. I'm not saying that
it has to be with a bow tie or anything like that. What I am saying
is that you have to establish that everybody has to have a green
T-shirt that says City of Miami, or whatever, or Miami is for me.
I don't care what the thing says, but it ought to be standardized
and it ought to be kept clean and it ought to be immediately identifiable.
Mr. Plummer: Sergio, did you say that this was m ordinance?
Mr. Rodriguez: It is now, sir.
Mayor Ferre: I've been screaming about this for the last three years.
sl
49 FEB 91984
f
Mr. Plummer: Sergio, on a serious vein, or to the Manager, I just want
to raise this question of consideration was given. They will, in fact,
be using City right-of-way. Everyone else whom I know of that has an
existing license to use City right-of-way is paying a fee. Has consideration
been given that the City would be the recipient of revenues, since they
are on public right-of-way? Has that been considered?
Mr. Rodriguez: That is part of it.
Mr. Plummer: All right, sir, thank you. Percentage or fee?
Mr. Rodriguez: That is something we will work out.
Mr. Joel Maxwell: It has to be a fee, because you can't check percentages.
Mr. Rodriguez: We are talking about fees.
Mr. Plummer: A flat fee, all right.
Mayor Ferre: I have one last question.
Mr. Plummer: Excuse me, that is separate from an occupational license?
Mayor Ferre: Have you looked into the New York, San Francisco, and
Chicago, Philadelphia ordinance? So in other words, somebody has done
proper research in what other cities do.
Mr.. Rodriguez: We have been working on this, not only with the downtown
business, but also with the D.D.A. and other people from different agencies.
Mayor Ferre: Willy, let me tell you, from my personal observations, I
have seen, for example, in New York, it is a disaster. It's worse than
in Miami. I have been in cities, and don't ask me which one, I think
Philadelphia is one of them, where I have seen people, and they are
nice -looking, clean people whether they have a beard or not is not
important, but they have... in those cases I have seen them with a
khaki shirt and a little bow tie. They have to wear that to sell.
We are in the tropics, so I don't think we can demand somebody to wear
a coat and a tie or long sleeves shirts with a tie, but I do think that
we ought to standardize some, whether it is a T-shirt, that's fine,
there ought to be a uniform of some sort and it ought to be kept clean.
Anything else?
Mr. Walter Pierce: Also in this package is an ordinance which will
regulate vending City-wide, in addition to downtown.
Mayor Ferre: I realize that it is City-wide, but I'm going to tell
you something, so we understand each other too. I don't know what you
are going to do, I'm talking about specifically members in the Cuban
community and specifically about so-called Marielitos, who sell in all
kinds of corners, like out on Biscayne Boulevard, going to Key Biscayne,
like in Miami Avenue, going to Coconut Grove, like along 8th Street
and 12th, 17th, 12th, 27th, major intersections, where you have people
selling lemons and peeled oranged, plastic toys, flowers. I think some
of these corners are lucrative corners for some things, and I think we
can regulate certain things, but I don't know how in God's world, how
are you going to enforce this, for example, somebody from not selling
peeled oranges? We are going to put them in Jail?
Mr. Pierce: Mr. Mayor, the present ordinance in the City Code.....
Mayor Ferre: Do you mean the one that is not...?
Mr. Pierce: ....already prescribes criminal penalties for that behavior.
Mayor Ferre: You mean the one that is not enforced?
Mr. Pierce: Yes.
sl 50 FEB 91994
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Mayor Ferre: So we are going to pass another law that we are not going
to enforce. Right?
Mr. Pierce: I hope not.
Mayor Ferre: Walter, I asked you the question. I think it is fair
and appropriate and reasonable to regulate the hot dog vendors at the
Justice Building, there are the Civic Center. That is fair. I think
that is something that we can control and regulate, or somebody walking
the Coconut Grove selling something out of a refrigirated ice box machine,
or somebody that goes down to Kennedy Park here to sell lemonade. I
think that we ought to license them, control them. I want to tell you....
Mr. Pierce: We will address that.
Mayor Ferre: I want to tell you my personal opinion. There are codes now
about these people that come up to you at these intersections selling a
peeled orange and sticks of pinapple and tropical fruit in plastic bags,
and what have you. I'm predicting to you that there is no way in God's
world you are going to stop those people from doing that. That is just
one man's opinion. If you try, you are going to have all kinds of nega-
tive stories come out. You know what the press is going to do to you.
Do you remember that guy who was walking up on Flagler and do you
remember that was a posed picture the moment they hand -cuffed that
guy? I'm not saying who in the press, but there was a posed picture
where immediately the photographer went there and they took this guy
and they took his picture with his hands cuffed in front of the courthouse
and there it was the next day in the newspaper. That's what they are going
to do. I think we need to be realistic about this.
AT THIS POINT THIS ITEM WAS MOMENTARILY DEFERRED.
22. DISCUSSION ITEM CONCERNING SIDEWALK CAFES.
Mr. Sergio Rodriguez: Item "K" is a similar issue. You asked us to come
back again with a recommendation or some policy to be translated into an
ordinance. We have been meeting with different departments. We arrived
to this recommendation that you have in a memo of February 1st. Basically,
the only difference that we have with the other one is that we are recom-
mending that the sidewalk cafes be initially applied on a trial basis
only to those areas of the City where cafes are presently in existence,
which is downtown and the S.P.I.C. district, which is OMNI and the
Coconut Grove area. Eventually, extend this to other areas of the City
as we see how it works. I have also the criteria that we are recommend
all the way through dealing with similar issues on the amount of time
that the license will be given to them, when it will be renewed, the
fee that will be paid, the liability. In addition to that, we are
saying that these applications will be reviewed by the Planning Department
and specifically by the Public Works Department and what standards we
are applying to these areas. There is a memo from Mr. Pierce making
further clarifications to my memo on areas that I think he felt should
also be included in the ordinance that will be prepared. If you have
any comments on this, we will incorporate them when we come back before
you.
51
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FEB 91984
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Mayor Ferre: I have some comments. I think I understand the one with
limitations, Walter. That makes sense. But suppose in certain select
areas, let's take for example, Coconut Grove, suppose they want to put
a glass cover or an awning over the sidewalk, which is a more permanent
structure. This, as I read it, does not allow that. I think you ought
to let people present plans, and if the Administration approves them,
I think there ought to be some kind of....
Mr. Plummer: The initial is temporary, Maurice. They are talking of
temporary initial.
Mayor Ferre: I realize temporary, but the point is, suppose somebody
in Coconut Grove says, "I want to put up a cafe, but I want to put
a canvas.
Mr. Pierce: There is perhaps a real need for prohibition against doing
that. Just for your information, there seems to be a distinction in
some court cases between permanent and temporary uses in the public
right-of-way. That's where there may be a real problem.
Mayor Ferre: So, in other words, it has to be totally temporary.
Mr. Pierce: Yes.
Mayor Ferre: Got you.
Mr. Rodriguez: Can be removed.
Mr. Plummer: Two questions, in applying the same, will there be a
fee paid for the use of City right-of-way?
Mr. Rodriguez: There will be a fee for application to use the right-
of-way.
Mr. Plummer: My other problem is, is it spelled out very clearly,
one, that this is only for the dispensing of food and beverage?
Second, to the City Attorney, what will be our position if someone
goes to court and says, "Wait a minute. I want to put a rack of
_ suits that I sell out on the sidewalk. Now, you allowed them to
sell their merchandise next door. Why can't I sell my merchandise?"
Does that create a problem? or are we able to regulate to the extent
that we can enforce it?
Mr. Garcia -Pedrosa: Commissioner Plummer, I think that the distinction
can be legally made between a traditionally recognized sidewalk activity,
such as cafe -type business and the rack of suits and things like that.
That distinction properly drafted in the legislation is supportable.
Mayor Ferre: Do you need any action on "K"?
Mr. Rodriguez: The only thing that we need is that you approve the
whole thing is principle so that we can go ahead.
Mayor Ferre: Did we approve "J" in principle?
Mr. Pierce: No.
Mr. Rodriguez: No.
Mr. Plummer: No.
Mayor Ferre: We need an action.
Mr. Plummer; We put that to a public hearing.
i
Mayor Ferre; No, but we need to approve that in principle so that
they can have a public -hearing before we get down to specifics. Right?
Mr. Rodriguez: In both cases.
52
sl FEB 91984
9
0
Mr. Perez: Something first that I would like to clarify is about the
strong language that it has in one part that it says that it wants the
operators that they have no right to prevent non -customers from using
tables or outside facility. For example, how can we protect the mer-
chants and the restaurant operators about vagrants, about people who
want to use the chairs? I think they need to have some kind of legal
authority.
Mr. Rodriguez: That is a concern. We have to look at that, because
the merchants have to let anybody use the chairs, if they are in the
right-of-way, because it is in the right-of-way of the City. We
cannot prevent the public from using the right-of-way. I mentioned
that has to be dealt in the same way you can deal with any other
police matter.
Mr. Plummer: Well, that's the reason I brought up, are they paying a
fee as a fee, or are they paying a sum of money for the use of that
right-of-way? I think there is a big distinction. That is what I
was trying to bring out before, that if you give them a situation
in which they have X number of square feet in front of their place
and they pay a monetary consideration, I do think they can enforce it.
Mr. Gary: If I may, Commissioner, sometimes we can get more technical
than we probably should. I'm not talking about you. I'm talking about
staff. I think it is important that we have the Law Department look
at the liability issue, the right to utilize the public right-of-way
in reverse order, right, to utilize the public right-of-way for
this purpose. Secondly, whether we can exclude certain things and
include other things. The third thing is whether or not we are
indemnified regardless of whether or not we come up with the liability
insurance because it is a public right-of-way. I think the fourth thing
is if we do have it, to what extent can we police it? Those issues are
legal issues, which we would address before the final ordinance comes
back to you. I would agree with you that it really doesn't make sense
to have somebody have a restaurant and just allow loiterers or anybody
just to sit in the chairs where they can't make money. It defeats the
whole purpose. But we will have to look into that.
Mr. Perez: As you remember, last year, when we approved the regulations
for the Domino Park, we instructed the Police Department to enforce
vagrants all the rules that I think would apply for this kind of an
activity.
Mr. Gary: No, there is a difference. I'll explain it to you, though.
Mr. Rodriguez: We will look into that.
AT THIS POINT THIS ITEM WAS TEMPORARILY DEFERRED.
--------------------------------------------------------------------------
23. ACCEPT IN PRINCIPLE RECOMMENDATIONS FROM CITY ADMINISTRATION CONCERNING
STREET VENDORS IN CERTAIN AREAS OF CITY FOR TRIAL PERIOD OF 6 MONTHS, ETC.
Mayor Ferre: We need a motion on item "J". Is there a motion in principle
to approve and hold a public hearing and have them come back with specifics?
Mr. Plummer: Yes, on a six -months temporary.
Mayor Ferre: And come back with specifics.
Mr. Gary: No, we have to come back with an ordinance.
sl 53 FEB 91984
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Mr. Perez: It will apply for the whole City, not only for the downtown
area?
Mr. Rodriguez: We have two things. We have the vending ordinance
that will apply to the whole City and a special one for the downtown.
We have the sidewalk cafes applying to downtown and to Coconut Grove
for the time being.
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION 84-142
A MOTION ACCEPTING IN PRINCIPLE THE RECOMMENDATIONS
SUBMITTED BY THE CITY'S ADMINISTRATION AND AS AMENDED
BY THE CITY COMMISSION THROUGH DISCUSSION REGULATING
STREET VENDORS IN CERTAIN AREAS OF THE CITY FOR A TRIAL
PERIOD OF 6 MONTHS; FURTHER INSTRUCTING DEPARTMENT TO
HOLD A PUBLIC HEARING TO GAIN INPUT FROM VENDORS,
DOWNTOWN MERCHANTS, AND THE PUBLIC AND TO COME BACK
ON MARCH 8TH WITH FINAL DRAFT OF AN ORDINANCE.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
23.1 ACCEPT IN PRINCIPLE RECOMMENDATIONS FROM THE CITY'S ADMINISTRATION
CONCERNING SIDEWALK CAFES IN CERTAIN AREAS OF THE CITY.
Mayor Ferre: Now on "K". Is there a motion on "K"? Similar motion.
Mr. Plummer: So move.
Mayor Ferre: Moved by Plummer.
Mr. Perez: Second.
Mayor Ferre: Seconded by Perez. Further discussion? Call the roll
on "K"
FEB 91984
9
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION 84-143
A MOTION ACCEPTING IN PRINCIPLE THE RECOMMENDATIONS
SUBMITTED BY THE ADMINISTRATION REGARDING SIDEWALK
CAFES IN CERTAIN AREAS OF THE CITY; FURTHER DIRECTING
THE CITY MANAGER TO DRAFT APPROPRIATE ORDINANCE WHICH
WOULD AMEND CHAPTER 54 OF THE CODE INCORPORATING SAID
RECOMMENDATIONS.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
---------------------------------------------------------------------
NOTE FOR THE RECORD: Agenda items: 13, 40, 56, 58, 55, 52, 48, and 43
were either withdrawn or deferred.
---------------------------------------------------------------------
--------------------------------------------------------------------------
24. WAIVE REQUIREMENT FOR SEALED BIDS FOR FURNISHING AUTOMOTIVE PARTS FOR
THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE.
Mr. Perez: Item number 2. We have a public hearing at 2:30, waiving
the requirement for formal bids for furnishing....
Mr. Garcia -Pedrosa: Mr. Vice Mayor, item number 2 is included in a
revised form in a packet that I had distributed to you this morning.
I just want to make sure that you have the correct version in front
of you, as you deliberate on the matter.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Perez: O.K., do we have any comments from the Administration
about this item?
Mr. Garcia -Pedrosa: You need four votes on that item; so if you don't
have four Commissioners, you may want to wait.
Mr. Perez: But it has to be at 2:30.
Mr. Garcia -Pedrosa: You don't have four Commissioners. You cannot
approve it.
Mr. Perez: Item number 3, I think will be better. We don't have a
quorum now.
Mr. Garcia -Pedrosa: You idon't have a quorum now, Mr. Vice Mayor.
Mr. Perez: It would be better to have a recess.
THEREUPON THE COMMISSION TOOK A BRIEF RECESS.
um
sl FEB 9 1984
9 C
Mayor Ferre: Formal sealed bidding for the furnishing automotive parts
to the Department of Building and Vehicle Maintenance. Mr. Perez moves.
Commissioner Plummer seconds. Is there further discussion? You have
Dawkins here, so call the roll, please. Mr. Dawkins, we need you for
a vote.
The following resolution was introduced by Commissioner Perez,
who moved its adoption:
RESOLUTION NO. 84-144
A RESOLUTION WAIVING, BY AN AFFIRMATIVE VOTE OF
4/5THS OF THE MEMBERS OF THE CITY COMMISSION
AFTER A DULY ADVERTISED PUBLIC HEARING, THE
REQUIREMENT FOR FORMAL SEALED BIDS FOR THE
PURCHASE BY THE DEPARTMENT OF BUILDING AND
VEHICLE MAINTENANCE ON A CONTRACT BASIS AUTO-
MOTIVE PARTS FROM 16 SOLE SOURCE SUPPLIERS AT
A TOTAL PROPOSED COST OF $147,000 WITH FUNDS
THEREFOR ALLOCATED FROM THE 1983-84 OPERATING
BUDGET OF THE DEPARTMENT OF BUILDING AND
VEHICLE MAINTENANCE; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE PURCHASING AGENT TO
ISSUE PURCHASE ORDERS FOR THESE MATERIALS.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Mayor Ferre: I thought it was an opening of bids, it is a waiver of....
Mr. Plummer: It is a motion not to open bids.
Mayor Ferre: Is that all right on item 2? Is everybody clear on this?
This is from 16 sole source suppliers at a total proposed cost of $147,000.
We have already voted on it.
Mr. Dawkins: The only thing I want to say is send me a list of the
machinery, as purchased (INAUDIBLE COMMENT). Send me a list of the
items, please, of each of these (INAUDIBLE COMMENT).
25. CONFIRM ASSESSMENT ROLL FOR PINES SANITARY SEWER IMPROVEMENT SR-5450-S.
Mayor Ferre: We are on item number 3, confirming assessment roll for
construction of Pines Sanitary Sewer. Does anybody here wish to speak
to item 3? Let the record reflect that nobody stood. Is there a motion?
Mr. Plummer: So move.
Mr. Perez: Second.
sl FEB 91984
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Mayor Ferre: Plummer moves, Perez seconds. Further discussion? Call
the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 84-145
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR
CONSTRUCTION OF PINES SANITARY SEWER IMPROVEMENT
IN PINES SANITARY SEWER IMPROVEMENT DISTRICT SR-
5450-S (SIDELINE SEWER); AND REMOVING ALL PENDING
LIENS FOR THIS IMPROVEMENT NOT HEREBY CERTIFIED.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Perez, the resolution was
passed and adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
--------------------------------------------------------------------------
26. CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF PINES SANITARY SEWER
IMPROVEMENT SR-5450-C.
--------------------------------------------------------------------------
Mayor Ferre: Take up item 4. Does anybody wish to speak on item 4?
Let the record reflect that nobody stood on item 4. Is there a motion?
Mr. Plummer: Move.
Mayor Ferre: Plummer moves.
Mr. Perez: Second.
Mayor Ferre: Perez 'seconds. Further discussion on item 4? Call the
roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 84-146
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR
CONSTRUCTION OF PINES SANITARY SEWER IMPROVEMENT
IN PINES SANITARY SEWER IMPROVEMENT DISTRICT
SR-5450-C (CENTERLINE SEWER); AND REMOVING ALL
PENDING LIENS FOR THIS IMPROVEMENT NOT HEREBY
CERTIFIED.
(Here follows body of resolution, omitted herein and
on file in the Off ice. of the Clerk) .
57
FEB 91984
f
Upon being seconded by Commissioner Perez, the resolution was
passed and adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
---------------------------------------------------------------------
NOTE FOR THE RECORD: Agenda item 5, consideration of waiving requirements
of formal sealed bids for furnishing a surface dredger to pick-up floating
debris was deferred to meeting of March 8, 1984.
---------------------------------------------------------------------
---------------------------------------------------------------------
NOTE FOR THE RECORD: Agenda item 6 was continued.
---------------------------------------------------------------------
27. ORDERING RESOLUTION WEST FLAGLER STREET SANITARY SEWER IMPROVEMENT
PHASE ii SR-5495-C.
Mayor Ferre: Take up item 7, ordering West Flagler Street Sanitary
Sewer Improvement -Phase II.
Mr. Dawkins: Move it.
Mayor Ferre: Is there anybody here who wishes to speak to item 7? Is
there any problem with item 7, Mr. Manager? That doesn't tie to 6;
does it?
Mr. Gary: No, sir.
Mr. Plummer: From where to where?
Mr. Gary: N.W. 47 Court to S.W. 54th Avenue.
Mr. Plummer: Oh, that's all right.
Mayor Ferre: That is only 32 blocks away from Plummer's Funeral Center.
Further discussion? Moved by Plummer; seconded by Perez. Let the record
reflect that nobody rose to speak on item 7. Call the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 84-147
A RESOLUTION ORDERING WEST FLAGLER STREET SANITARY
SEWER IMPROVEMENT - PHASE II SR-5495-C AND DESIGNATING
THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL
BE MADE FOR A PORTION OF THE COST THEREOF AS WEST FLAGLER
STREET SANITARY SEWER IMPROVEMENT - PHASE II DISTRICT
SR-5495-C.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
sl
FES 91984
f
Upon being seconded by Commissioner Perez, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A.,Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
28. DIRECT CITY CLERK TO PUBLISH NOTICE OF PUBLIC HEARING OBJECTIONS
TO THE ACCEPTANCE OF COMPLETED WORK "CENTRAL SANITARY SEWER IMPROVEMENT
SR-5481-C.
Mayor Ferre: Take up item 8, directing the City Clerk to publish notice
of public hearing for objections to the acceptance of the City Commission
of the completed construction of the Lanzo Construction of the Central
Sanitary Sewer improvements. Does anyone here wish to speak to item 8?
Perez moves, Dawkins seconds. Further discussion? Let the record reflect
that nobody rose to speak on item 8 at this public hearing. Call the roll.
The following resolution was introduced by Commissioner Perez,
who moved its adoption:
RESOLUTION NO. 84-148
A RESOLUTION 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 LANZO CONSTRUCTION COMPANY OF
CENTRAL SANITARY SEWER IMPROVEMENT IN CENTRAL
SANITARY SEWER IMPROVEMENT DISTRICT SR-5481-C
(CENTERLINE SEWER); SAID NOTICE SHALL BE PUBLISHED
IN COMPLIANCE WITH THE PROVISIONS OF RESOLUTION
NO. 84-45, ADOPTED JANUARY 19, 1984, CONCERNING THE
PUBLICATION OF CITY NOTICES.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Dawkins, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
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FE8 91984
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29. WAIVE REQUIREMENTS OF SEC. 2-302 OF THE CODE TO PERMIT PATRICK WHITE,
AN APPOINTED MEMBER OF AFFIRMATIVE ACTION BOARD, TO PARTICIPATE IN
MULTI -FACILITY REHAB PROGRAM.
--------------------------------------------------------------------------
Mayor Ferre: Take up item 9.
Mr. Dawkins: Move 9.
Mayor Ferre: Commissioner Dawkins moves. Is there a second?
Mr. Plummer: Second.
Mayor Ferre: Seconded by Plummer; this is to permit Patrick White,
an appointed member of the Affirmative Action Board, to participate
in the multi -facility rehabilitation program administered by the
housing division of the City's Department of Community Development.
Is there anyone here who wishes to speak to item 9 at this public
hearing on this public item? Let the record reflect that nobody rose.
Call the roll.
The following resolution was introduced by Commissioner Dawkins,
who moved its adoption:
RESOLUTION NO. 84-149
A RESOLUTION WAIVING THE REQUIREMENTS AND PROHIBITION
CONTAINED IN CITY CODE SECTION 2-302; BY FINDING, AFTER
A DULY ADVERTISED PUBLIC HEARING, THAT IT IS IN THE
BEST INTEREST OF THE CITY TO PERMIT PATRT.CK WHITE, AN
APPOINTED MEMBER OF THE AFFIRMATIVE ACTION BOARD, TO
PARTICIPATE IN THE MULTI -FACILITY REHABILITATION
PROGRAM ADMINISTERED BY THE HOUSING DIVISION OF THE
CITY' S DEPARTMENT OF COMMUNITY DEVELOPMENT THROUGH
THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM OF
THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
---------------------------------------------------------------------
NOTE FOR THE RECORD: Agenda item 10 was continued to March 8, 1984.
---------------------------------------------------------------------
FEB 91984
6 4
30. RATIFY BY FOUR/FIFTHS AFFIRMATIVE VOTE REQUIREMENTS FOR FORMAL
SEALED BIDS FOR ELEVEN (11) POLICE MOTORCYCLE RADIOS.
Mayor Ferre: Item 11, requiring for formal competitive sealed bids be
waived and that the purchase of eleven police motorcycle radios from
General Electric, the sole source supplier of handlebar -mounted police
radios, Department of Building and Vehicle Maintenance at a total cost
of $29,700. Does anybody wish to speak on this issue? Is there any
member of the public who wishes to address the Commission on item 11?
Is there a motion, Mr. Plummer?
Mr. Plummer: Huh? Is that like volunteering? I move it.
Mr. Dawkins: Second.
Mayor Ferre: Plummer volunteers; Commissioner Dawkins seconds. Further
discussion on item 11? Call the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 84-150
A RESOLUTION RATIFYING THE FINDING OF THE CITY
MANAGER, BY A FOUR -FIFTHS (4/5) AFFIRMATIVE VOTE
OF THE CITY COMMISSION, AFTER A DULY ADVERTISED
PUBLIC HEARING, THAT THE REQUIREMENT FOR FORMAL
COMPETITIVE SEALED BIDS BE WAIVED AND THAT THE
PURCHASE OF ELEVEN (11) POLICE MOTORCYCLES RADIOS,
FROM GENERAL ELECTRIC, THE SOLE SOURCE SUPPLIER OF
HANDLEBAR -MOUNTED POLICE RADIOS, FOR THE DEPARTMENT
OF BUILDING AND VEHICLE MAINTENANCE AT A TOTAL COST
OF $29,700 BE APPROVED; ALLOCATING FUNDS THEREFOR
FROM THE 1983 STATE OF FLORIDA SELECTIVE TRAFFIC
ENFORCEMENT GRANT FUND; AUTHORIZING THE CITY MANAGER
TO INSTRUCT THE PURCHASING AGENT TO ISSUE A PURCHASE
ORDER FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Dawkins, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
--------------------------- -----------------------------------------
NOTE FOR THE RECORD: Commissioner Joe Carollo returned to the meeting
at 3:30 P.M.
---------------------------------------------------------------------
sl 6A FEB 91984
6 t
31. RATIFY BY FOUR/FIFTHS VOTE ACTION OF CITY MANAGER TO WAIVE REQUIREMENT
FOR COMPETITIVE FORMAL SEALED BIDS FOR PURCHASE OF ONE ON-LINE DISK
PACK MANAGEMENT SYSTEM & ONE ON-LINE JOB SCHEDULE & MONITORING SYSTEM
FOR DEPT. OF COMPUTERS.
Mayor Ferre: Take up item 12. This is advertising a public hearing
that the requirements for the competitive formal sealed bids be waived,
and that the sole source purchase from B & L Associates, the only
licensed marketing agent, to furnish and maintain one on-line disk
pack management system and one on-line job schedule and monitoring system,
for the Department of Computers, at a first year cost of $10,012.50, and
for a total proposed four year of $48,474. Does anyone wish to address
the Commission on this issue?
Mr. Plummer: Move it.
Mayor Ferre: Let the record reflect that nobody stood up on this. Plummer
moves.
Mr. Dawkins: Second.
Mayor Ferre: Dawkins seconds. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 84-151
A RESOLUTION RATIFYING THE FINDING OF THE CITY
MANAGER, BY A FOUR FIFTHS (4/5) AFFIRMATIVE VOTE
OF THE CITY COMMISSION, AFTER A DULY ADVERTISED
PUBLIC HEARING, THAT THE REQUIREMENT FOR COMPETITIVE
FORMAL SEALED BIDS BE WAIVED, AND THAT THE SOLE
SOURCE PURCHASE FROM B & L ASSOCIATES, INC., THE
ONLY LICENSED MARKETING AGENT, TO FURNISH AND
MAINTAIN ONE (1) ON-LINE DISK PACK MANAGEMENT
SYSTEM AND ONE (1) ON-LINE JOB SCHEDULER AND
MONITORING SYSTEM, FOR THE DEPARTMENT OF COMPU-
TERS, AT A FIRST YEAR COST OF $10,012.50, FOR A
TOTAL PROPOSED FOUR (4) YEAR COST OF $48,474.00
BE APPROVED; ALLOCATING FUNDS THEREFOR FROM THE
1983-84 OPERATING BUDGET OF THAT DEPARTMENT;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
PURCHASING AGENT TO ISSUE PURCHASE ORDERS FOR
THIS EQUIPMENT, SUBJECT TO THE AVAILABILITY OF
FUNDS.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Dawkins, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
sl
62 FED 91984
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32. DISCUSSION AND WITHDRAWAL OF AGENDA 13, WAIVING FORMAL COMPETITIVE
SEALED BIDS PROCEDURE FOR ACQUISITION OF SERVICES FROM MIAMI CAPITAL
DEVELOPMENT, INC.
Mayor Ferre: The Administration....
Mr. Gary: Continues.
Mayor Ferre: ....withdraws item 13 because it is not properly advertised.
It will reschedule it. Further discussion? That's the end of the public
hearing.
Mr. Dawkins: On item 13, I didn't know, Mr. Gary, you were going to pull
it, so I wouldn't want this person to have to come back down, so may I
hear him now?
Mayor Ferre: Sure, absolutely. We are on item 13. Does anybody wish
address the Commission on item 13? We will next be taking up item 28,
out of schedule. This is the item that refers to Elizabeth Virrick.
this, we will take up item 28.
to
Af ter
Mr. Dawkins: Mr. Mayor, when we went to Nassau, one of the vendors that
went with us was given a $50,000 paper contract to deliver paper to the
Bahamian government. Mr. Gary attempted to work out some kind of arrangement
with Miami Capital so that the individual could receive a $50,000 line of
credit. Here it is six months since then. This gentleman, still cannot,
for some reason, has not obtained, not any money, but a $50,000 line of
credit, which the paper would have been held in escrow until it was delivered
in Nassau and what have you. So, I would like if you would just go through
the problems that you have, please.
Ms. Joyce Sanderson: My name is Joyce Sanderson. I'm working with
Saber Converting Company. The address is 7245 N.E. 4th Avenue, Miami
Florida. I've been working with Miami Capital. Mr. Dawkins mentioned
that the line of credit was supposed to have been $50,000. However,
Miami Capital has seen fit to make it only $25,000. All the benefits
have not been on a line of credit. It has been actually working toward
a mortgage loan type. It has been a loan. I've been having all kinds of
difficulty between financial statements with Miami Capital, just different
types of problems have occured. The latest has been a third or fourth
morgage that Miami Capital is not sure of whether they want to go through
with the line of credit, because they are sure whether they want to be
fourth in line on a mortgage. But my disturbance is that this is not a
loan that Miami Capital is issuing. It is a line of credit, which means
the terms are totally different.
Mr. Dawkins: O.K., I'll tell you, you see, nobody is interested in this.
Just go sit down. I want to defer this until I can -if it takes four
months- until I can sit down and get this worked out. Mr. Gary, bring
this back May 5th, or when is the meeting in May? What is the regular
Commission meeting in May?
Mr. Plummer: Is that 185 or '86?
Mr. Dawkins: No, no, I mean nobody is interested in this. Bring it back...
when is the meeting in May?
Mr. Plummer: Second Tuesday.
Mr. Dawkins: Second Thursday? Bring it back
You all work it out with her, with them, and
that, then we'll bring it back before that.
NMI
the second Thursday in May.
they get the $50,000 before
sl
FEB 91884
a 4
Mayor Ferre: On the record, for your information, I apologize. It is
my fault because I called the Manager off on something which is very
important, which is about to be discussed in five minutes dealing with
Booze Allen. I didn't get to make my statement to him. This is a very
important matter before the Commission. I apologize to you. I didn't
mean to get up in the middle of the discussion.
Mr. Dawkins: O.K., if you can work this out, Mr. Gary, if you stay and
work out the loan with this gentleman, I mean, Miami Capital, then I'm
interested in hearing... and Mr. Mayor, this is no reflection on you and
Mr. Gary, it's Miami Capital that I'm concerned about, not my Administration.
Mayor Ferre: Where is Miami Capital anyway? Who is here representing
Miami Capital?
Mr. Dawkins: This has nothing to do with this Administration.
Mayor Ferre: Who represents Miami Capital.
Mr. Dawkins: If Miami Capital doesn't work it out with them before, then
we'll bring it back —they will have no money to operate with until May....
Mr. Gary: The reason nobody is here is because they knew it was improperly
advertised and we wouldn't discuss it. So they didn't come.
Mr. Plummer: Well, let's accomplish what you really want to accomplish,
Mr. Dawkins. Let's say that at our next meeting on the 28th, Mr. Gary,
if you would so instruct Miami Capital that Commissioner Dawkins and
this Commission want an answer why this lady's problem has not been
addressed and why it can't be addressed.
Mayor Ferre: No, let's make it stronger than that. I want Mr. Claude
Anderson here to answer questions. He's the director, right? I want
Mr. Claude Anderson here. Ma'am, I'll tell you what. You'll be first
thing on the agenda. After the 9:00 o'clock. We'll take you first thing
on the afternoon agenda. Mr. Manager, schedule her at 2:30 at the next
Commission meeting.
Mr. Dawkins: Mr. Mayor, with due respect to you and Commissioner Plummer,
that's fine. But when they come back here on the 28th, this gentleman
still will not have the loan, he still will not have processed the loan.
4 4
Mayor Ferre: No, no, don't misunderstand what I am saying. I am ready
to take some very serious action in Miami Capital, because this is not
the first time that I have heard this, and unless Mr. Claude Anderson -
I know we have got no right to tell Mr. Claude Anderson that he is hired
by a Board, but we have other rights, and I want to tell you - the
Chairman of the Board is Juan del Cerro, right? Well, I think Mr. Juan
del Cerro and Mr. Claude Anderson ought to both be here, and they ought
to answer, and I would like to hear what is going on, because I don't
want to do this, I don't want any misunderstanding, since the Press is
full of the fact that members of the Commission were pressuring for this
or pressuring for that, or trying to influence this or that. Let's do it
out in the open! So, you come back, and we will get Mr. Anderson and
Mr. del Cerro here and we will ask them on the record. All right?
Thank you, Mr. Mayor.
33. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH COCONUT GROVE CARES,
INC. FOR OPERATION OF THE ELIZABETH VIRRICK BOXING GYM.
Mayor Ferre: We will now take up Item Number 28, out of order. All
right, Mrs. Virrick?
Mrs. Elizabeth Virrick: Thank you.
Mayor Ferre: First of all, Mrs. Virrick, Happy Birthday!
Mrs. Virrick: Thank you, I am almost the next age down - almost 88!
I have to explain one thing to you, that you are all set to vote for
this hearing and didn't know that I aleady had an appointment with
the Tropic Magazine of the Miami Herald to be interviewed by them today,
and also with the...
Mayor Ferre: This is not on porno, is it?
Mrs. Virrick:.... public television, and so they came with me, but I
didn't bring them to intimidate you.
Mayor Ferre: Oh, okay, that is all right. We are easily intimidated
around here, that is what some people say.
Mr. Carollo: At least some of us are.
Mayor Ferre: Go ahead, I think actions speak louder than words.
Mrs. Virrick: Well, the item is on the Agenda with regard to the
draft for the balance for the fiscal year for the Amateur Boxing Pro-
gram, and it is all in the Agenda Item here. I guess you know what
it is.
Mayor Ferre: Thank you, Mrs. Virrick. All right.
Mr. Carl Kern: Yes, sir, Carl Kern, Director of Parks and Recreation.
We worked very closely with them to come up with this mutual agreement.
We had a number of sessions and, we are recommending a $50,000 contract
for the 8 month period, February 1 through September 30. We have
examined a few elements, and more importantly, we have directly tied
it in with our own boxing program so there is a lot more coordination
City-wide and input.
Mayor Ferre: All right, does anybody wish to address this Commission
on this?
Mr. Plummer: My understanding correctly, this is a mutual agreement,
you are both happy. I will be more than happy to move for approval.
toe
TEB 919Q4
ld
Mr. Garcia -Pedrosa: Mr. Mayor, before you do that, this item was pre-
sented to you in a confused way. You are actually looking at the first
of two resolutions that are attached as part of Item Number 70 in the
packet.
Mayor Ferre: 70?
Mr. Garcia -Pedrosa: Yes, sir.
Mayor Ferre: It is not 28?
Mr. Garcia -Pedrosa: No, sir. There are two resolutions attached to
70 and you are now considering the first of those resolutions.
Mayor Ferre: All right, this is the first resolution, which reads, so
that we all understand: "A resolution authorizing the Manager to exe-
cute an agreement..." Are we in agreement now, or not? ... (Thereupon,
Mayor Ferre reads balance of resolution into the record) Is that
correct? All right, Plummer moves, who seconds?
Mr. Perez: Second.
Mayor Ferre: Perez seconds, further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 84-152
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, SUBSTANTIALLY IN THE FORM ATTACHED, WITH
COCONUT GROVE CARES, INC. FOR THE OPERATION OF THE
ELIZABETH VIRRICK BOXING GYM, FROM FEBRUARY 1, 1984
THROUGH SEPTEMBER 30, 1984, ALLOCATING FUNDS THEREFOR
IN THE AMOUNT OF $50,000 FROM SPECIAL PROGRAMS AND
ACCOUNTS, CONTINGENT FUND, TO BE USED BY SAID AGENCY
IN CONDUCTING AN AMATEUR BOXING PROGRAM AND ALSO
ALLOCATING FUNDS IN THE AMOUNT OF $2,902.80 TO COVER
THE OPERATIONAL COST OF SAID PROGRAM FOR THE PERIOD OF
JANUARY 13-31, 1984.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
ld SS FEB 9 1984
rA 4
34. CONFIRM ACTION OF THE
CITY MANAGER IN HIS
ALLOCATION OF
$5,355
FROM EXISTING PROJECT
BALANCES TO COCONUT
GROVE CARES,
INC.
--------------------------------------------------------------------
Mayor Ferre: On the second item, a resolution, ratifying, approving
and confirminq the action of the Manager and authorizing an allocation
of_ $5,355.00 from the existing project balance, special piograms and
accounts, to Coconut Grove Cares, Inc. to cover the operational costs
of the Elizabeth Virrick Boxing Gym from December 9, 1983 through
January 12th. Is there a motion? Plummer moves. Perez seconds.
Mr. Dawkins: Under discussion. Mr. Odio, has all of the auditing
problems been resolved, and do you have an audit process in place to
audit this program?
Mr. Odio: This is part of the agreement. This agreement is tied to
performance. They have agreed that for every $1,000 they get, they
must have certain number of kids participating in the program, so we
tied this agreement directly to performance.
Mr. Dawkins: Okay, thank you.
Mayor Ferre: Further discussion, call the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 84-153
A RESOLUTION RATIFYING, APPROVING, AND CONFIRMING THE
ACTION OF THE CITY MANAGER IN AUTHORIZING AN ALLOCATION
OF $5,355.00 FROM THE EXISTING PROJECT BALANCE, SPECIAL
PROGRAMS AND ACCOUNTS, TO COCONUT GROVE CARES, INC., TO
COVER THE OPERATIONAL COST OF THE ELIZABETH VIRRICK
BOXING GYM FROM DECEMBER 9, 1983 THROUGH JANUARY 12, 1984.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
Mrs. Virrick: May I say that Mr. Kern has been very patient with us,
and very helpful.
Mr. Kern: Thank you very much.
a
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4
E
35. EMERGENCY ORDINANCE: APPROPRIATE $58,400 TO MIAMI STADIUM
CONCERT STAGE CAPITAL PROJECT.
Mayor Ferre: Agenda Item Number 14, an Emergency Ordinance appropriating
the amount of $58,400 for the Miami Statidum Concert State Capital Project
from the major maintenance - Miami Stadium Capital Project. Is there a
motion?
Mr. Plummer: Move it.
Mayor Ferre: Plummer moves, is there a second.
Mr. Dawkins: Second.
Mayor Ferre: Dawkins seconds. Further the discussion, read the ordinance.
AN ORDINANCE ENTITLED:
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 9534,
ADOPTED DECEMBER 9, 1962, THE EXISITING CAPITAL
IMPROGEMENTS APPROPRIATIONS ORDINANCE; AS AMENDED;
BY APPROPRIATING THE AMOUNT OF $58,400 FOR THE
MIAMI STADIUM CONCERT STAGE CAPITAL PROJECT FROM
THE MAJOR MAINTENANCE - MIAMI STADIUM CAPITAL PRO-
JECT: CONTAINING A REPEALER PROVISION AND A SEVER -
ABILITY CLAUSE.
Was introduced by Commissioner Plummer, and seconded by
Commissioner Dawkins, for adoption as an emergency measure and dis-
pensing with the requirement of reading same on two separate
days, which was agreed to by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
Whereupon the Commission on motion of Commissioner Plummer, and
seconded by Commissioner Dawkins, adopted said Ordinance by the follow-
ing vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9793.
The City Attorney read the ordinance into the Public Record and
announced that copies were available to members of the City Commission
and to the Public, ,
r
Id
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36. LONG DISCUSSION ITEM CONCERNING PROPOSED ACCEPTANCE OF THE BOOZ-
ALLEN HAMILTON REPORT REGARDING PROPOSED REORGANIZATION OF THE
MIAMI POLICE DEPARTMENT.
Mr. Dawkins: Mr. Mayor, since we have got five Commissioners and Mr.
Plummer will be leaving, I would like to move that we accept the Booz-
Allen Report in principle, and leave it to the Manager to do whatever
has to be done.
Mayor Ferre: Miller, why don't you modify it to accept it?
Mr. Dawkins: Okay, I move that we accept the Booz-Allen Report as
tendered in by the cousultants.
Mr. Carollo: Can it be opened up for discussion?
Mayor Ferre: All right, as I understand the motion now, the motion is,
not implementation. We are not talking about that today. we are only
talking about the acceptance of the report as such.
Mr. Dawkins: No, I am talking about accepting the report and if the
Manager has... see, here we go back where we were this morning! Either
the Manager has a right to implement it, or he doesn't! If the Manager
has the right to implement it and we accept it then he has the right to
implement it. If he doesn't then let's say so now - I mean, you know,
I just stating my opinion. If he doesn't have the right, then you say
"Well, look, you are not the Manager you can't implement it, so don't
bother with it". I mean that is my personal feeling.
Mr. Plummer: Mr. Dawkins
Mr. Dawkins: Yes, sir.
Mr. Plummer: My good friend...
Mr. Dawkins: Yes, sir!
Mr. Plummer: It is my opinion, or what I would like to see today, is
the report be accepted. I have in some areas of that report, problems.
I have expressed that before, I will do so again. I think it is only
right and fitting that we have a new Chief, so we should have the right -
let him look at it and come back and make his comments. He will be the
man who will have to implement. Now, I.am willing to vote on a motion
today to accept the report, and schedule a full discussion in March.
I want to remind you, my good Commissioner, that this report, if fully
implemented, carries a price tag of 2.25 million dollars. That is a lot
of money. Now, there are areas that I feel very strongly in favor of.
There are areas that I don't agree or disagree. There are areas that I
do disagree , and there is going to have to be discussion, but I would
prefer that we accept it today and then in March, we are not going to
be able, I don't think, to discuss this matter in 10 or 15 minutes. I
think we are going to have to set aside at least an hour, maybe more,
and to come back in March and fully discuss this matter. I think that
is fair, that is what I am prepared to vote for, and I will, of course,
abide by the majority of this Commission.
Mr. Dawkins: I will accept your revised version of my motion. I too,
feel that it needs to be discussed, and as you have often said, everyone
deserves a right to be heard, so,therefore, I concur. The only problem I
have to make clear is, that in the implementation of the Booz-Allen report,
we suddenly become alarmed with money,and we are just trying to pass a
$22,000,000 police bond that nobody is concerned about money! I have to
make that clear, please.
Mr. Plummer: Mr. Mayor.,. 0�
Mayor Ferre: Yes, sir.
FEB . 9 1984
4 0
Mr. Plummer: I don't want my remarks to be reflective - I would pro-
tect and expect that any discussion by any Commissioner today - I am
not trying to cut off debate; I am not trying to push this thing aside,
and I would hope that any Commissioner would have the right to express
his opinion.
Mayor Ferre: I am glad you clarified that.
Mr. Carollo: Can this Commissioner have a right to express his opinion?
Mayor Ferre: Nobody has ever tried to gag you, or anybody else in this
Commission. I've been age to age for the record. I've been a member
of this Commission for 15 years and I want to tell you that I do not
remember (I stand corrected, 14 years), and there has never been an
attempt ever, by anybody to stop somebody from speaking on this Commi-
ssion. All right.
Mr. Carollo: I would like to get Mr. Porter up here and ask him a
couple of real brief questions, if I may.
Mayor Ferre: I will recognize you before we end discussion.
Mr. Carollo: I'd like to ask Mr. Porter a couple of brief questions,
if I may.
Mayor Ferre: Mr. Homer?
Mr. Carollo: Sir, can you briefly state to the Commission the different
qualifications and expertise in the area of law enforcement that the
Booz-Allen firm has. I would like to establish that for the record, if
I may.
Mr. Porter Homer: The whole corporation itself?
Mr. Carollo: The corporation itself, and particularly the people that
work this particular report.
Mr. Homer: I don't think I can fully delineate all the expertise in
the whole Booz-Allen Corporation in the area of police work. Many
people that are there that have worked in many different aspects of
police work. With respect to myself, as you know, I was the County
Manager of Dade County. I was charged with supervision, and it was
a very active in close supervision of the Sheriff's Office in Dade
County. I was the City Manager of Rochester, New York, where I was
actively involved in...
Mayor Ferre: How many years in each job?
Mr. Homer: In Dade County, for roughly five and one-half years. I
was responsible for taking over the Office of Sheriff when by Charter
Amendment, it was changed from election office to appointed office. I
was responsible for bring in Mr. Purdy, the appointed Sheriff, and I
was very active in the restructuring and planning of that department.
The City of Rochester, for roughly three and one-half years. As City
Manager, I was responsible for supervision of the Police Department and
for the realignment of that department.
Mayor Ferre: How many years?
Mr. Homer: Three and one-half years. In the City of Tucson, I was
responsible for the supervision of the Police Department, for the
expansion of it, for the planning of its services, for the restructur-
ing of it, the bringing in of a new Chief of Police there also. I
was there for roughly six and one-half years. In the City of Kansas
City, Missouri, for roughly five years as the budget director, I was
directly responsible for liaison with the city's Police Department from
a budget and planning standpoint. You have to understand that in Kansas
City, the Police Department is administered by a Board. It is appointed
by the Governor, but it is financed by the city funds, so that I was
deeply involved in those operations there. Several of the assignments
that I have been involved in, have involved with you, of police opera-
tions in the cities and countries that I have been involved in. In
70 FEB 91984
ld
6 0
addition to that, one of the members of the staff that we had in on this
assignment, Mr. Boharc, is a former professional policeman. He also had
been a consultant for several years for the International Association of
Chiefs of Police and had also then in the Dade County Sheriff's Office,
prior to his retirement. In addition to that, we had a Mr. Smoller
who is a highly qualified analyst who has worked in a number of complex
areas.
Mayor Ferre: I am sorry, I didn't follow that. Did you name somebody's
name? The last two sentences I didn't catch.
Mr. Homer: A Mr. Smoller.
Mayor Ferre: Oh, I see, okay.
Mr. Homer: .... who is an Analyst, who is highly qualified, highly trained
in operations analysis of whatever variety and has worked on a number of
highly complex assignments for Booz-Allen and with me.
Mayor Ferre: On police work?
Mr. Homer: This is was his first police assignment.
Mayor Ferre: As I understood the question, Commissioner Carollo wanted
to know what qualifications Booz-Allen had to do police work, and you
started out by giving your qualifications and now you are talking about
someone else. I just needed to follow that.
Mr. Carollo: Right, Porter, let me say this. I think your qualifications
as a professional civilian administrator cannot be questioned. I think
you have been a fantastic civilian administrator in the past, but what
I am interested in, is to see what qualifications the individuals that
work directly with this report have in the area of law enforcment ex-
pertise. That is what I am interested in, so if maybe we could just
backtrack for a second so that the Mayor and the rest of my colleagues
can comprehend fully, maybe you can start again going over the two names
of the two individuals that you mentioned, their background, and whomever
else worked in this report for the Booz-Allen firm, and what expertise
in the area of law enforcement and experience they have.
Mr. Homer: You are talking about the two individuals other than myself.
Mr. Carollo: Yes, the two individuals that you mentioned and yourself,
was it - the three of you did the whole report.
Mr. Homer: We did the work here, yes, sir.
Mr. Carollo: Those are all the questions that I have at this point in
time, sir. I appreciate your being so frank and honest. What I would
like to ask...
Mayor Ferre: Hold on Joe, just a moment. Porter, before you go, I
want to get this in the record so I understand. Your present report
that is before us was submitted by you in April of last year, is that
correct?
Mr. Homer: Yes, sir.
Mayor Ferre: It was the work of four individuals, over what period of
time.
Mr. Homer: It was the work, primarily, of three individuals and roughly
over a year and one-half in time. It was subject to review by an
officer at the Booz-Allen Corporation and then was delivered here.
Mayor Ferre: All right, now,*let me ask you this. Booz-Allen is one
of the top management,consultanting firms in the country, is that
correct?
Mr. Homer: Yes, sir.
ld
71 FEB 91984
6 0
Mayor Ferre: In size, I would imagine that it is in the top five in
yearly billings.
Mr. Homer: In yearly billings, it is amongst the top three.
Mayor Ferre: In the top three - that means you are third. Anybody
that says when I say in the top five, you say we are in the top three,
that means you are the third in the nation. Okay.
Mr. Homer: Depending on what year you are talking about, I guess.
Mayor Ferre: Do you do work for the Department of Defense? Has
Booz-Allen ever done work for the Department of Defense?
Mr. Homer: A great deal of it, yes, sir.
Mayor Ferre: By a great deal, you mean in the millions of dollars?
Mr. Homer: Yes, sir.
Mayor Ferre: When you do work for the Department of Defense, has it
been during this Administration► in previous Administrations?
Mr. Homer: Both.
Mayor Ferre: Both Democrats and Republicans, right?
Mr. Homer: Yes, sir.
Mayor Ferre: When you do Department of Defense work, are all of the
people who do Department of Defense work Generals, or people that are
officers or previous officers of the Armed Forces?
Mr. Homer: No, sir, by no means.
Mayor Ferre: And, is there a requirement of the United States Navy,
Air Force, Marine, or in the deployment of any military work that you
do, that the people that do the work for the Pentagon, the millions
of dollars of work that you do for the Pentagon and the Department of
Defense, is there a requirement that they be military personnel?
Mr. Homer: Not that I am aware of, sir.
Mayor Ferre: The April report that you worked on for a year and one-half -
when were you first retained by the City of Miami to do work for the City
of Miami?
Mr. Homer: The firm of Booz-Allen, or...
Mayor Ferre: Yes, sir, the firm of Booz-Allen, that is correct. In
this go -around. Booz-Allen has been around - since you have been in-
volved with the City of Miami doing different parts of work for Booz-
Allen. I know that Joe Grassie was the Manager, or it may have been
Paul Andrews, I don't remember.
Mr. Homer: When I first was involved was when Mr. Grassie was the
City Manager.
Mayor Ferre: Do you remember the year?
Mr. Homer: I am under the impression that it was 1980, - 179, some-
thing like that.
Mayor Ferre: I would say it goes back a good five years. Let me ask
you this. How many jobs have you done for the City of Miami, previously?
Mr. Homer: Myself, working with Booz-Allen?
Mayor Ferre: Booz-Allen. Since 1979, since you were retained in this
series of jobs - how many jobs have you done?
Mr. Honer: I would say something in the order of six or seven jobs, six.
72
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FEB 9 1984
a 6
Mayor Ferret Six or seven jobs? Now, at the conclusion of those jobs,
you bring the report to the Manager; the Manager brings it to the
Commission. We vote to accept it.
Mr. Homer: Yes, sir.
Mayor Ferret If it is a policy matter, then we vote to implement,
in the past.
Mr. Homer: Yes, sir.
Mayor Ferret You get paid. You have also been involved in the imple-
mentation.
Mr. Homer: In several instances, yes, sir.
Mayor Ferret Okay, has there any been any discussion that is concluded
at this level - at the Commission, at the policy level, where any of
the previous five reports, previous to the sixth, has ever been questioned
and if so, what was the ultimate result of the discussion?
Mr. Homer: To the best of my recollection, all those reports were
accepted.
Mayor Ferret There was some discussion though. There were some points...
Mr. Homer: Yes, there was some discussions.
Mayor Ferret We have had points where we haven't had total agreement.
Mr. Homer: Yes, sir.
Mayor Ferret So in other words, I think what both Commissioner Plummer
and Carollo are saying is proper. Not everything has been brought here
and rubber stamped and just because the Manager says it is good it get's
_ done. I mean, we have had heated discussions and all of that, but to
the best of my recollection, there has never been any question as the
integrity or ability or expertise in whatever field it happens to be -
Booz-Allen, and the end result is that they have been presented, dis-
cussed, argued, sometimes modified - not much, but somewhat and then
adopted. So, in other words, there is a track record over the past five
years of many reports that have been done that have been adopted by
the City of Miami Commission.
Mr. Homer: I think so.
Mayor Ferret I just want to put that all on the record. Thank you.
Mr. Carollo: Mr. Mayor, I have never believed in Jacks -of -all -trades.
Usually I find that they are masters of none, and with all due
respect, Mr. Mayor, I certainly am glad that we are not the Defense
Department. Apparently,. maybe you haven't been reading the problems
that: they have ha3 ir. the millions upon millions of dollars as of late,
with contracts and so on and so on. Now, in no way am I referring to
your firm, sir. Please, I want to make that clear on the record, but
I think Mr. Porter Homer has answered my question as frankly as he pos-
sibly could and really, I think that said it all. They are a very good
professional firm in many other areas, but their expertise in the area
of law enforcement, particularly for something of this nature, I think
is shallow. And before I am asked to vote upon something of this nature,
especially something that the City Administration has had for months
and months and months, and we really only have got a glance at it for a
few weeks, I would like to have a professional law enforcement group such
as the National Association'of Chiefs of Police. They have consultants
that they can provide for things of this nature, and have them look and
study the Booz Allen Report before we make a final implementation. Some-
thing of this nature, if iie have waited so long before deciding to take
action on it, I don't think it is going to stop this City or stop the
Police Department if we waited a little longer before we go ahead and
implement part of this, all of it, or none of it. But, I think that what
we need to do is to be absolutely sure of what we are doing before we make
ld
such a drastic change within the structure of our Police Department,
and I think that the only reasonable avenue that is open to this Commis-
sion is go to law enforcement professionals; whether that be the National
Association of Chiefs of Police, or other that are professionals in the
field of law enforcement to give us their opinion, and then I think this
Commission will be in a position that we can make an intelligent decision
on this.
Mayor Ferre: All right, let's see how good Plummer's memory is, since
he is my senior. He has been here for 15 years. I have only been here
for 14. When is the last time, Mr. Plummer, that the City of Miami re-
quested and received services of the International Chiefs of Police?
Mr. Plummer: In choosing of Bernard Garmire, we used them to make search.
Mayor Ferre: All right, and as you will recall, Mr. Bernard Garmire's
name was not on the finalist list.
Mr. Plummer: That is correct. We paid them $6,500 to recommend names
that was not chosen. Excuse me! ... the Manager did not choose. It was
solely his purview.
Mayor Ferre: And after...
Mr. Plummer: The first this Commission knew about it it was the day
that a man sat in that back chair, silver haired, unbeknown to anyone
and he was introduced as the new Police Chief.
Mayor Ferre: And when that was done, it was...
Mr. Plummer: A shock!
Mayor Ferre: And the Manager in those days, Mel Reese, he said "That's
your new Police Chief".
Mr. Plummer: Yes, and especially when the criteria that was put forth
that no one over 50 could apply - Bernard Garmire at the time was 54.
He could not even have applied!
Mayor Ferre: You do recall that the services of the International
Chief of Police was sought originally by the Manager. It was discussed
and approved, but we have not, in the best of my recollection, used the
services of the International Chiefs of Police. That doesn't mean that
they are bad or good. I am just for the record saying that the last
time they were used, it was well over 10 years ago and they were dis-
regarded by the Manager.
Mr. Plummer: Well...
Mayor Ferre: Is that right?
Mr. Plummer: That is exactly right, Mr. Mayor, but I think the inference
has to be that this Commission felt we were hoodwinked, and I am not
speaking about a man who can't defend him, but he did in fact, come be-
fore this Commission to get approval to spend the $6,500 to do the study
and then totally disregarded the study and chose the man that the study
did not produce. So, that was a very sore bone of contention.
Mayor Ferre: All right,Mr. Homer ,let me ask you this question - is this
the first time that Booz-Allen has done a police report for the City of
Miami Commission?
Mr. Homer: For the City of Miami Commission?
Mayor Ferre: I am sorry, not Commission - City of Miami. Is this the
first time that you, Booz-Allen - I am not personalizing this - you,
Booz-Allen have made a repcart to the City of Miami from the Police Depart-
ment.
Mr. Homer: Let's see, we have made two other studies for this Commis-
sion concerning the Police Department and both of those were after
discussion, accepted.
74 FEB 9 1984
id
Mayor Ferre: Were they, in your opinion, fairly major recommendations?
Did they require a lot of money?
Mr. Homer: Yes, they did, particularly the second of the two, which
was the civilianization report.
Mayor Ferre: How much did that require of City funds?
Mr. Homer: As I recall, it was something on the order of a million,
three-quarters.
Mayor Ferre: Per year.
Mr. Homer: Yes.
Mayor Ferre: Do you, since you were here during that whole public
process, was that during the tenure of Mr. Gary as Manager, or was
that prior to his being Manager?
Mr. Homer: That was during Mr. Gary's tenure as Maager.
Mayor Ferre: Was there any question at that time about Booz-Allen's
capacity to render a proper opinion as a consultant on police work?
Mr. Homer: Not that I know of.
Mr. Plummer: Question. Mr. Homer, was that not - that study commenced
by this Commission, immediately following a Grand Jury Report very
critical of the Miami Police Department?
Mr. Homer: Which study?
Mr. Plummer: The study which you did for the City of Miami Police
Department.
Mr. Gary: Yes, the Grand Jury.
Mr. Homer: I know nothing about a Grand Jury study, sir, I am sorry.
Mr. Plummer: Sir, I reflect your memory back to the fact that the Dade
County Grand Jury, on its own, undertook a study unbeknownst to this
Commission about the operation of the Miami Police Department. That
was some two years ago, Mr. Gary?
Mr. Gary: Approximately, yes.
Mr. Plummer: Approximately two years ago, and if I recall correctly,
my memory serves me right, your firm was chosen to do a study in answer
to and find out for this Commission, the result of a very critical Grand
Jury about the City of Miami Police Department.
Mr. Gary: No, that...
Mr. Plummer: If I stand corrected, please tell me.
Mr. Gary: Well, that was the discussion that you as a Commission, had.
Mr. Plummer: Oh, alright:
Mr. Gary: That is not the direction that you gave Booz, Allen, Hamilton.
I'd like to refresh your memory, that in 1982, this City Commission (and
I think it was in June of 1981) during a discussion that occurred with
Mayor Ferre and Commissioner Carollo, urged that we look into certain
matters of the Police Department. I was not for it. This City Commission
said "We want certain questions'answered". This City Commission, if I
recall, unanimously directed me to do a study. That is how it came about.
Mayor Ferre: That had nothing to do with the Police Chief, as I recall.
Mr. Gary: Correct.
Mr. Plummer: Yes. 7D FEB 9 1984
i
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Mr. Carollo: It had something to do with what Plummer had stated that
had been happening and it was based upon that Grand Jury report that had
come out.
Mr. Gary: There were some other things involved there too.
Mr. Carollo: That was the bottom line, what Plummer stated.
Mr. Gary: There were some other things too, with regards to the Chief.
MR. Plummer: Mr. Homer, do you have a pencil, sir?
Mayor Ferre: By the way, Mr. Clerk, to you - I know we have a motion
on the floor now, and I am not going to interfere with that, but I
wish, as the Mayor to instruct you to bring to the Commission, at your
convenience, over the past five years since former Chief Harms became
Police Chief, all discussions between the City of Miami Commission and
Chief Harms and I would like to have them enumerated because I think
there are some very substantial thing that obviously will be coming
out in the future about those discussions.
Mr. Carollo: I don't think that is really needed. Weren't they all
in the files?
Mayor Ferre: I think just his comments and his hallucinations about
what the implications of those discussions have met.
Mr. Carollo: It seems to me I have heard that word before - hallucina-
tions.
Mr. Plummer: Can I disregard those comments and address Mr. Homer?
Mr. Homer, I would like it the next time we meet, if it is in March,
the following questions answered. First, the cost of this study.
Second, what justification is necessary for an additional $120,000
to monitor the implementation. I would like to know if this is a pilot
program, or has this program been tried in other cities? It is very
far reaching, and I would like to know, from the Administration to
the amount of success or failure of this, if it has been in fact, tried
in other cities. I would like a complete background on all of the staff
members. I would even urge that they be present at the time we discuss
this matter. I would like a list of the studies that you have done,
you - your firm, or you, individually, two separate lists, as to the
areas which you have done police studies. Now, I am not speaking, Mr.
Homer, to areas such as Civil Service, which is one that you did, or
a great deal of your contracts or computers was in the police area.
I am not speaking to that. I am talking about specifically to reorgani-
zation of a department. That is people, not machines. And I would like
to have those answers prior to the next time we discuss it, so that I
will be prepared to discuss it at that time.
Mr. Carollo: I am glad my colleague understood what I was trying to
get at and has joined me with the same basic questions that I have
asked here, and others that are obvious. The bottom line still is
that what we basically have before us in the Booz-Allen Report is a
very well thought out written civilian opinion, so what I would like
to do now, is go to the professionals in the area that the study was
supposed to be done in, the area of law enforcement and get an opinion
for the professional law enforcement experts of this field. When you
have a heart problem, you don't go to a dentist to take care of it, or
vice -versa, and to a great extent...
Mayor Ferre: Joe, I will recognize that as a motion as soon as we vote
on this other motion and then I will call on you for that motion.
Mr. Carollo: To a great extent that is what we are doing here, and now
that we have had for a few weeks the civilian suggestions, I would like
to go and get the opidions,and suggestions from the law enforcement
professionals and consultants that are out there.
Mayor Ferre: All right, what we have before us now is a motion...
Mr. Dawkins: Excuse me to discuss my motion...
Id 76 .* ES 9 1984
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Mayor Ferre: That the Booz, Allen, Hamilton....
Mr. Dawkins: Hurry with the material, please.
Mayor Ferre: .... will be acceFted and that the Manager's schedule on
May 8th, a discussion, or subsequent, if Booz-Allen is not ready - I'd
like to add one caveat to that Mr. Manager, if it is all right with the
makers of the motion and you, Mr. Plummer and you, Mr. Carollo. and
Commissioner Perez, and that is that our current Chief, Herb Breslow...
as I understand it, Mr. Manager, you want Chief Breslow, to have input
into the process, right?
Mr. Gary: Yes, sir, and since we are doing this in-depth analysis, I
think it would be wise to have that Chief have ample time to review
the report and to prepare 193 page document also.
Mr. Carollo: Or whomever the current Chief is at the time.
Mayor Ferre: So, what I am saying, Mr. Manager - what I am saying is,
that if that is not sufficient time for Chief Breslow to conclude this
analysis, and if it is not sufficient time for Booz-Allen, then we might
have to put that off until those moments arrive, and that will be, you
know, depending as to when Booz-Allen is ready and whenever Chief Bres-
low is ready.
Mr. Perez: Mr. Mayor, before you consider that motion...
Mr. Dawkins: Wait a minute, I would like to discuss my motion, please.
Mayor Ferre: Okay, and then I will recognize - I don't care which one
of you of the two...
Mr. Carollo: Mr. Mayor...
Mayor Ferre: Now we have got three!
Mr. Dawkins: Always I have heard up in the air for the last hour and
one-half, professionalism. Who is a professional? How do we get to
know who can do what, and what have you? Now, I am going to read to
you from a professional. It said:
"Policed by the White male minority - A study of police community
relations in Miami and Dade County," dated October, 1976.
In this study, it tells you here:
"The Advisory Committee says that the two Police Departments
which serve approximately 1.4 million people, was made more
complex by two district consent decrees...,"
and it goes on. I will go over...
"The turmoil of the 1960's, with the assassination of Dr. King
and the Kennedys brought violence to almost every major city.
The County's urban poor and its minorities struck out at the
establishment, which has long denied them equal opportunity in
this land of plenty. Miami and Dade County were not exceptions.
Indeed, the urban problems faced by this world famous vacation
land were intensified by its citizenry, a unique mixture of
races, cultures, rich and poor.
The Miami and Dade County study says we are talking about professionals.
"...Was designed to review hiring and promotional practices and
the relationships between local police and the citizens they
serve, because Miami and Dade County Police did not seem to be
responsive..."
They went on, and on. Then it goes on to say:
"...The Consent Decree - and understand of the unique character-
istics of Dade County is essential to the study of police community
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relations. To be effective, police must be responsive to the
needs of the community, no matter how diversified; tourists,
migrants, senior citizens, Blacks, and Latins are important
parts of the unique Miami -Dade community. Professionals -
The first woman that joined the force of the Miami Police De-
partment and she had trouble going up - by professionals.
Minorities and females struggled in the past for identity.
Now they are struggling for equality in the largely white
male Miami Police Department. Blacks have had the most
difficult time", by professionals.
I will go on.
"With regard to the definition of hiring goals, Cohen calls
for hiring of Blacks and other minority officers, until that
representation in the Department, approximately the percen-
tage represented in the City" , by a Professional.
"The personnel, distribution by rank, race and sex, from
May, 1940 to 1974, and April, 1975 is no different." -
Professionals.
And it goes on and on. This was October, 1976. I come right back -
"...confronting racial isolation in Miami"
Same bunch of professionals, a report of the United States Commission
on civil rights, June, 1982 - same problems, brought up by professionals.
Now we come with the City of Miami and 1982 because of this, we hire a
consultant who will come in and address these problems identified by
professionals and tell us how to solve them. The Booz-Allen report
came in, identified the same problem and they have come up with a
solution and I think it is no more than right that this Commission
should allow this study, that was done by professionals, which attacks
the problem that were identified by professionals, to see if we can
solve these problems. The Miami Police Department has not changed. I
said from the first day I came on here there was no upward mobility of
Blacks and Latins. There still isn't any. We had a Police Chief who
went around the country as the best police chief in the world, but yet
he could not solve the problems that this study identified as having
people around him who could relate to minorities, it was too many people
to serve. So, I for one, say Mr. Carollo, with due respect to you,
enough professionals have studied this, and if you would like to borrow
these, I will loan them to you and to see if you can't come up with
something better.
Mayor Ferre: All right, Commissioner Perez, and then Commissioner
Carollo, and then hopefully we can vote.
Mr. Perez: Mr. Mayor, I share the concern of Commissioner Dawkins, but
I think this is a very controversial issue that is polarizing this
community. We have on one side the Booz, Allen, & Hamilton report,
which was prepared in April, 1983 and was distributed to this Commission
nine months later. On the other side we have the Miami Police Department
Report, which was distributed to this Commission seven months later. I
think that both -reports agree on the basics, but they disagree on the
solution. I think that our main concern at this time, we have to give
it full community participation and I would like to suggest that we
appoint a panel of experts with the participation of the local Police
Association, the Fraternal Police Association, and with local input in
order to have the recommendation for the March Commission meeting, or
for April, for local police organizations - the Fraternal Police group,
and the national, as suggested, the National Association.
Mr. Plummer: Excuse me, my colleague, Demetrio. I think you have a
problem. I think Kenneth Harms is President of the local organization.
Mr. Carollo: Ex -president.
Mr. Plummer: He is the ex -president?
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Mr. Carollo: Ex -president. The present president I believe is Chief
Busch of Coral Gables, but I think what Commissioner Perez says has got
a lot of value to it.
Mr. Perez: Let me finish. Okay, my proposition is to try to create
a final effort and given input of the Fraternal Order of Police and
the International Association of Chiefs of Police, and also, community
leaders in order to try to make proper recommendations to this Commis-
sion, and to have balanced representation from the Black community,
from the Spanish community, from the Anglo, whatever you want to call,
for the whole community in order to have full recommendation for the
next March or April Commission meeting. That's my motion.
Mayor Ferre: I will second that as a second if Commissioner Carollo
will accept the modifications, but that is not what we are voting on
now. What we are voting on is a motion made by Commissioner Dawkins,
seconded by Commissioner Plummer, was it?... that `he Booz-Allen Hamil-
ton report be accepted and that in March, or suhvquently, after the
questions asked by Commissioner Plummer are answered and after Chief
Breslow is ready to give his recommendations, that they be brought back
to the Commission for discussion. Now, after we pass or reject this
motion, I would accept a second motion, which would obviously modify
the first one, dealing with the recommendations you have made.
Mr. Carollo: Well, the intent of the motion, according to the changes
that were made by Plummer are again - what? Let's just slowly go over
them again.
Mr. Plummer: That we accept (a) We accept the report. The report is
finished and it is been presented and we accept.
Mr. Carollo: Accept, not agree with it, necessarily.
Mr. Plummer: I said accepted - (b) that the discussion of this item be
put off until the March meeting. I will accept the Chair, or my collea-
gue's opinion until Booz-Allen can come back and answer the questions,
but preferably March 8th. And (c), I assume that my questions will be
answered, oh, and Chief Breslow be afforded the opportunity of input.
Mr. Carollo: But, what I would like to see if the maker and the seconder
of the motion would agree to it, is one, to include in the wording that
we accept, not necessarily agree with, and secondly, that instead of
having them come back at the March 8th meeting, maybe wait until the
last meeting in April, to have an opportunity for us to go to a profes-
sional, either a private firm, or law enforcement associations to give
their opinion of this report, and I am talking about professional law
enforcment agencies, as the National Association of Chiefs of Police,
or another similar body. In other words, what I am saying, J. L., is,
that before we take this up again for final hearing, let's have all of
the information that we need before us, not just parts of it. Would that
be acceptable to you. I think by the end of April, that should be done.
Mayor Ferre: Maker of the motion?
Mr. Carollo: I am asking both.
Mr. Plummer: You have no problem and I have no problem. Excuse mel I
do have a problem with the local group. Now, if you are talking about
the Manager coming back to this Commission at the next meeting and say
"Here are the three top firms that do this, that are of a professional
nature, and I, you know, give you those names", that is fine.
Mr. Carollo: We are basically agreed, I think now with this motion.
Mr. Plummer: But, not the local group.
Mr. Carollo: No, no.' That's something that we are going to have to take
separately, what Commissioner Perez mentioned., but I think on this motion
that you and Dawkins have made and seconded, I think we are in basic agree-
ment with. What I would like to do is make a substitute motion.
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FES 91984
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Mayor Ferre: I recognize you for the purpose of the substitute motion.
Mr. Carollo: Before we all vote for this motion that you have all
presented. The substitute motion will state the following: That we
are instructing the City Manager to come back to this Commission on
the 16th when we meet again - the 16th of February, at which time he
will have two or three other names of professionals with expertise in
the area of law enforcement, either private firms, or law enforcement
associations, one which will be the National Association of Chiefs of
Police, at which time this Commission will take one of those groups
that will be hired, to review the Booz-Allen Report and to have a
recommendation back to us of what that report has, what areas they
think are good, and what areas they don't agree with - what areas they
agree with completely, or what have you.
Mayor Ferre: There is a substitute motion on the floor. Is there a
second?
Mr. Perez: I second, but I would like to have community involvement
in that committee.
Mayor Ferre: Does the maker of the motion accept the seconder's
recommendation?
Mr. Carollo: Well, I think, Commissioner Perez, is that what you are
asking, community involvement, this is one way that we can then bring
the community involvement, after we have that, and if you would
separate that, I would be more than happy to second that motion after
we get done with these.
Mr. Dawkins: Under discussion...
Mayor Ferre: No, wait a minute, I didn't hear a second. Does that
mean that you second the motion as made without...?
Mr. Perez: Second.
Mayor Ferre: You second the motion, all right.
Mr. Dawkins: Under discussion.
Mayor Ferre: Go ahead, Commissioner Dawkins.
Mr. Dawkins: Commissioner Carollo, I heard you say that you were
concerned about the amount of money that was spent by this Commission
with Booz-Allen to do a report. Now, I am I to understand...
Mr. Carollo: No, I didn't say that!
Mr. Dawkins: No, wait...okay, am I now to understand that you are in
favor of spending more tax dollars to do another report to come back
for us to sit up and decide to do what with?
Mr. Carollo: You bet I am in favor of that if it is going to protect
the professionalism and the integrity of the Miami Police Department.
I certainly aml
Mr. Dawkins: Who is going to determine that all of this is being
protected?...integrity, etcetera, etcetera.
Mr. Carollo: The people that are going to determine that are the people
that are sitting up here that were elected by the public.
Mr. Dawkins: Not necessarily, because I think that the Booz-Allen Report
is protecting us, so you see, that is not true. You are assuming, sir.
That is an assumption on your part, sir.
Mr. Carollo: Well, you know, these are own separate opinions. I res-
pectfully request your own opinion, the opinion that each of my col-
leagues will have. Those are mine.
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OV FEB 91984
Mayor Ferre: Further discussion on the substitute motion. Further
statements? All right, I would like to go on the record as being
opposed to this motion, and I wish to explain why. Everybody has
opinions. Booz-Allen is a qualified and certified, very large firm
that does precisely these kinds of studies. The lead person in the
study, Mr. Porter Homer, not only had five and one-half years of
police experience in this community and Metro, three and one-half
years previously in Rochester, then before that in Tucson for six
years and prior to that in Kansas City and ended up having not only
a good police department, but the best police department in the United
States - a police department that gave us subsequently probably the
best head of the F.B.I., or one of the best heads of the F.B.I., since
its inception - a police department that has an exceptional track record.
Now, this firm has come and spent our money in making a report on the
Police Department changes. That report has been given to the Commission
A critique of that report, all 193 pages was rendered. That critique -
I read the critique - I have spoken with Mr. Porter Homer, Mr. Jack
Eads, the Manager on one side. I have also spoken to people who are
involved in the critique, specifically. I have seen, and read, and
talked and heard both sides of the issue. The basic issues are three.
There are three basic issues. I would like you to listen to this,
Porter. This is a crucial vote here, and I want you to understand,
and I am going to ask your opinion in a moment. There are three issues
that are involved in your report. I am not sure, and I would like, on
the record, to know - and obviously I cannot force it, but voluntarily -
if every member of this Commission has read both the report and the
critique, and has had the opportunity to discuss it with the writers of
those report and critique. I have, and I want to put that on the record.
Now, as I read it, and as I understand it, there are three issues.
Issue Number one is the so-called flattening of the pyramid of command,
and basically, your recommendation, going from three to eight, has been
softened by the Manager to six. The issue at heart here is, whether or
not a Police Chief is overworked, because he has more than three people
reporting to him. Now, the last time I looked, the President of the
United States, who I think has more work than the Police Chief has more
than three people working for him and he shows up to work at 9:00 o'clock
in the morning and he leaves at 5:00 o'clock in the afternoon, just
about every day, and in addition to which, he takes two week vacations.
He is now on a two week vacation, even though he is fully informed of
what is going on, and what have you, in his ranch in California. Now,
he has more than three people working. Sergeants have six police offi-
cers reporting to them. I haven't seen that anybody got very upset
and ask demanding that sergeants only have three police officers work-
ing for them. I don't see that sargeants are overworked. The Pope
runs the Catholic Church, I think with more than three people reporting
to him, so I don't frankly see that increasing from three to six, the
number of people, is a major issue before us. The second issue that
the report deals with, is the civilianization process, specifically of
the upper command. Basically, of the six people that the Manager is
now recommending report to the Chief, four are pare military that is,
police officers and two are civilians. The two that are civilians
deal with administrative matters that are non -police in nature, implicitly,
or explicitly - directly or indirectly! They deal with the Police Depart-
ment, but not with police work implicitly or explicitly. I don't think
that it requires the ability to shoot a rifle to work a computer in the
Pentagon, and I am sure that Casper Weinberger and others who run the
Department of Defense and the many people who have managerial skills
in that Department are all military personnel. As a matter of fact,
this Commission has gone on record in the past in voting for civiliani-
zation. We have done it on two occasions that I can remember during
budget procedure time. We have accepted a previous report that had
much to do from Booz Allen Hamilton about the civilianization, so the
question therefore, goes like this - Are we doing grave harm; are we
in grave danger of de-professionalizing the Police Department by having
two of the people reporting to the Chief being non-military personnel.
The third issue is the expenditure of $2,250,000, as I recall. If you
will read the report and the critique, it is abundantly clear that
both the critique sent*in by former Chief Harms and the Booz Allen
Hamilton Report are in agreement. There is no disagreement on that
issue, because whether one does it under Ken Harm's plan, or the Booz-
Allen plan, it is an equal expenditure of $2,000,000. So, both the
$1 FED 91984
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former Police Chief and the Booz-Allen report is the same. Those are
the three issues. Now, Mr. Porter Homer, in substance is there any-
thing else other than those three issues in that report? In substance?
Mr. Homer: Well, I think there is a very substantive issue in to
matter of programs directed to enhance the support of minority per-
sonnel..
Mayor Ferre: Of course! Yes, I stand corrected. That one, I stand
corrected.
Mr. Homer: I think also...
Mayor Ferre: I don't think there was any disagreement on that issue,
at least on the surface of it. If you read the 193 page critique of
the former Police Chief, as directed by him. There is no critique to
that. In other words, he says that of course he is all in favor of
minority upward mobility. That is not an issue. I don't think that
you need a professional police organization like the International
Chiefs of Police to tell you whether or not they are for or against
minorities participating in police work, because I don't think that
anybody would have that much courage to publicly... that may be an
issue - that may be the issue, but it is not a public issue, and I
don't think it will be a public issue, because people don't operate
that way - they don't do it up on the top of the surface. So I frankly
take that as given. Are there any other substantive issues?
Mr. Homer: There is also the issue of need for extensive training
directed to that overcoming the lack of experience and at the business
of developing future commanders and officers for the Department.
Mayor Ferre: As I remember, Mr. Manager, when the Admiral and Alvah
Chapman and the Archbishop and the others were here during the budget
hearings process both this year and last year, we went into that issue,
and this Commission voted not only for the budget, but went on record
that they would be additional training money. The point again is that
there was absolutely no major distinctions of subsequence. In the
critique there was no criticism of that, and subsequent to that, I
have read former Chief Harm's words that if we waited two years, the
age experience would take care of that in itself, but that is not the
way you address the issue and in the 193 page critique, there doesn't
seem to be much of a concern on that the way I read it. The difference
seems to be in the areas of civilianization, the 2.2 million dollars and
the flattening of the curve. Is there anything else you want to add to
that?
Mr. Homer: No, I think those are the main elements.
Mayor Ferre: All right, now, to the motion. I think if what in effect
we are going to do, is to go get another firm to do the same work, or
critique the work, then I think we ought to fire Booz, Allen, Hamilton,
and we ought to not accept this report - I mean, pay, and all that, but
then we will get some other firm, whether it be Arthur D. Little, or
Patrick Murphy organization, or the International Chiefs of Police's
management operation, and let them come and start from scratch and do
another report.
Mr. Plummer: Mr. Mayor, speaking to the motion on the floor, the motion
is for the Manager to develop a list of firms who would be in a position
to do such a study and report back at the meeting of the 16th, I would
assume the maker of the motion inferred to try and get a cost factor
and a time factor. I would assume that was part of the motion.
Mr. Carollo: J. L., we would hope that we could find a firm that in a
couple of months can critique the Booz-Allen report and that would do it
for a reasonable amouynt. Now, I think that if we could have at least
four firms, one of them being the National Association of Chief's of
Police, then we could make a good time judgement on that.
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FEB 9 1984
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Mr. Plummer: So that there is no mistaking my intent, I am going to
vote in favor of the motion to establish such a list. It is not my
intent in any way, shape, or form, to implement that action until
such time as I have had the opportunity to go in to a full and open
discussion here in front of this Commission. After that, I will make
a decision as to whether or not I feel it is necessary to go to another
outside....
MR. Dawkins: Mr. Mayor...
Mayor Ferre: Well, then maybe...
Mr. Plummer: Mr. Mayor, I am speaking only for J. L., and putting my
intent on the record, sir.
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Dawkins: Where are we?
Mayor Ferre: I don't know.
Mr. Dawkins: Mr. Clerk, where are we?
Mr. Ongie: We have a substitute motion and a second on the floor.
Mr. Plummer: I will call the question on the substitute, I guess.
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Dawkins: I will tell you what, Mr. Mayor. I do not see any (and
there again, that is my personal opinion) good in bringing in another
group to redo what Booz-Allen has done, so since the second motion
appears to be that, and that may be the opinion of this Commission, I
withdraw my first motion, because I cannot, in good faith, vote to
uphold the Booz-Allen report, and then in another instance, vote to
bring somebody in to critique their work, so I withdraw my motion.
Mayor Ferre: Unfortunately, that doesn't solve...
Mr. Dawkins: I know, I mean I just solve my problem!
Mayor Ferre:.... because what happens now is, that I would assume that
the maker of the motion, Commissioner Carollo, makes his as a brand
new motion.
Mr. Dawkins: Well, if he has three votes, he is in good shape!
Mayor Ferre: The seconder of the motion - Mr. Perez, you second, is
that correct, Mr. Carollo?
Mr. Carollo: You are talking about...
Mr. Dawkins: I withdraw my motion.
Mayor Ferre: Technically, what happens is this - since yours is a sub-
stitute motion...
Mr. Carollo: It becomes a motion - not a substitute motion any longer.
Mayor Ferre: When the primary motion is withdrawn...
Mr. Dawkins: I withdraw the primary motion.
Mayor Ferre: .... your substitute motion becomes....
Mr. Dawkins: Becomes a primary motion.
Mayor Ferre: .... has to become a primary motion.
Mr. Carollo: Correct.
$3 F E 9 9 1984
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Mayor Ferre:... that you have to so state, and the seconder has to so state.
Mr. Carollo: I think it is more than obvious, Mr. Mayor that this is the
only motion we have before us.
Mayor Ferre: I am just doing it for the record, following the parli-
mentary procedures that we have. Your motion is on the floor properly
as a primary motion and yours is the second? I assume you are staying
with the second. I have to ask if the motion has been remade and
seconded as a primary motion now. Is there further discussion on the
motion?
Mr. Carollo: Call the question.
Mr. Plummer: No, I want to make the record clear. That portion that
was the substitute, that it is fully understood that only instructions
to the Manager is to prepare a list of available firms and report that
list back to this Commission. It is not in any way to implement the
active participation of another firm until so decided by this Commission.
Mayor Ferre: Oh, no. I am going to vote with a motion to dismiss Booz-
Allen. If you want to play games on this thing, buddy, I will tell you,
I am willing to go right now. And the fact, what is happening, see,
what is happening right now is that Miller Dawkins has withdrawn his
motion. The acceptance of the the Booz-Allen report is not the before
us at this time.
Mr. Plummer: That is before us.
Mayor Ferre: It is not, sir! You follow what is going on here, be-
cause a lot of things are going on.
Mr. Plummer: So you said the substitute motion became the primary?
Mayor Ferre: That is right, and the primary motion does not speak to
the acceptance of the Booz-Allen, sir. That is correct.
Mr. Plummer: Then I do stand corrected!
Mayor Ferre: You absolutely do, and you had better think a little bit.
Mr. Plummer: No, sir, I just have a problem with the expression of the
center Chair.
Mayor Ferre: That is all right.
Mr. Plummer: It was not the way I understood it.
Mayor Ferre: That is all right.
Mr. Plummer: I thank you for correcting me, sir.
Mayor Ferre: It is not a question...
Mr. Carollo: If I may, Mr. Mayor...
Mayor Ferre: Yes, sir - I am with you. I am going to call the roll
on this motion and then we are going to take another motion.
Mr. Carollo: If I may, Mr. Mayor, I would like to...
Mr. Plummer: Okay, this one down here at this end, Mr. Clerk, restate
the motion that we are about to vote on.
Mr. Ongie: I've got it.
Mr. Plummer: See, Mr. Mayor, I was not the only one confused!
Ms. Hirai: That the City Manager come back with a list of the firms
that you can choose from.
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Mr. Ongie: With expertise in law enforcement - four firms including the
National Association, so that the City Commission could pick one of those
groups; that a cost factor be determined, at a time frame for the critique
of the original report be established.
Mr. Carollo: I would expect that the City Manager would acquire the
additional information from these firms and what they estimate the cost
factor would be in the times they would need to go over the Booz-Allen
report, so that we can make a decision on the 16th, then.
Mr. Plummer: No, Joe, excuse me, I am only speaking for J. L. It is
not my intent to make any determination on a list developed by the
Manager until such time as we have had the opportunity of having a full
blown discussion here.
Mr. Carollo: That is just what I am saying, J. L., that is what the
motion states. Only what I am saying is, which I think you would agree
to it, that you, I am sure would like to have included in that motion,
already, the cost factor, an estimate of the cost factor, and a time
table of how long each firm can do it in, if we so decide to go ahead
with it.
Mr. Plummer: That is exactly it.
Mayor Ferre: All right, I now move the Chair over and ask the new Chair
to recognize me for the purposes of a substitute motion.
Mr. Carollo: Mr. Mayor...
Mr. Perez: Present it.
Mayor Ferre: I have a right to make a substitute motion.
Mr. Carollo: If I may, I would like to withdraw this motion at this
point in time, if the seconder would, for the present time
Mr. Plummer: You can withdraw a motion at any time.
Mr. Carollo: I withdraw the motion, if Mr. Perez would withdraw his,
if you make your motion now, Mr. Mayor.
Mayor Ferre: My motion is moot, now. If you withdraw your motion, I
don't need to make a motion.
Mr. Plummer: Checkmate!
Mayor Ferre: I don't need to make a motion now. You make your motion,
and then I can make a substitute motion.
Mr. Dawkins: I go back to my original motion. I move that we accept
the Booz-Allen Report, with the amendment made by Commissioner Plummer.
Mr. Plummer: I second that motion.
Mr. Carollo: The amendment that was finally included in that, if I
recall that, Commissioner Plummer, and no one disagreed with him at
the time, was that we would accept the report, not necessarily agree
with the report.
Mr. Dawkins: I beg to differ - that is your wording. My wording was
not that, and it is my motion! My motion says we accept the Booz-Allen
Report with the amendments attached by Commissioner Plummer, which
says that he wants it back for a full blown up hearing, at a March meet-
ing, and that the Manager bring back three firms that he is going to hang
on his Christmas tree.
Mr. Plummer: No, and also that it be given the opportunity to the pre-
sent Chief to go over and make recommendations.
Mr. Dawkins: I stand corrected - that is the motion.
� FEB 91984
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Mr. Carollo: In other words, you are going back to the original motion
of just accepting the Booz-Allen report.
Mr. Plummer: Accepting.
Mr. Carollo: Okay, we are back at Point "A", with that, the original
motion. We are back to Point "A". If I may, with all due respect to
my colleagues, then I would like to, before I can vote at this motion,
I really need to go back to my substitute motion, that I have stated
before.
Mayor Ferre: I will now accept your...I take the Chair back, since there
is a motion and a second, that I did not make, and I accept your substi-
tute motion again. Repeat it.
Mr. Carollo: The substitute motion again, for the sixth time, is that
we are instructing the City Manager to come back to us when we meet
again on the 16th, to have the names of...
Mr. Plummer: Well, that is included in the original motion!
Mr. Carollo: No, no, it is not included in that. It is not included
in that....that he comes back to us with the names of four firms, or
associations, one, which would be the Association of Chiefs of Police,
the national one; that he would find out the approximate cost from
each of these firms and approximate time table that they would need to
finish their critique of the Booz-Allen Report, and then this Commission
can make their choice or not, of whether they want to go ahead with this
on the 16th. It is not committing us to anything.
Mayor Ferre: Now I accept the substitute motion and ask for a second to
the substitute motion.
Mr. Perez: I already seconded it, so let me ask him something first.
Your motion, do you plan to accept the Hamilton report?
Mr. Carollo: That is on the first motion.
Mr. Perez: But, on your motion...
Mayor Ferre: What happens parliamentary is this - if nobody challenges,
then I am asking the City Attorney to give me some recent research on
this, okay? What occurs is this - when the motion is called, and the
vote is taken, the substitute motion either gets accepted or rejected.
In either case, the first motion would then be on the floor.
Mr. Carollo: Certainly.
Mayor Ferre: Now, you have made the substitute motion, and you have
seconded it. Mr. City Attorney, I asked you a question on dealing with
substitute motions. Is there a substitute to a substitute? Or, is that
not allowed under our rules of order?
Mr. Robert Clark: Mason's is silent on that particular subject, but
the substitute motion to the main motion should be voted on, before
you accept a substitute to the substitute.
Mayor Ferre: Well, let me explain, and I would want you to give me an
official ruling because I disagree, and I, in the Legislature, who is
also guided by its own parliamentary procedures, basically, which is
based on Mason's, and Robert's, there can be substitutes to substitutes
in that they are acclatory in nature. All right now...
Mr. Carollo: And a substitute to a substitute to a substitute!
Mayor Ferre: That's correct! And it can go on forever, as long as it
is acclatory in nature. +Now, the reason why I would make a substitute
to the substitute is thatI would move to strike the International Chiefs
of Police, and the reason I would do that, is because (follow me on this)
that last week when former Chief Harms spoke before the Rotary Club of
ld 86 F E s 9 1984
Coral Gables, the Chief of Police of Coral Gables, and the other Chiefs
of Police that were present....
Mr. Carollo: Local
Mayor Ferre:.... local, including the Chief of the State Law Enforcement
Agency got up and publicly commended former Chief Harms and said that
they were for him, and they supported him. Now, I think it is highly
irregular and I think in my opinion, it is not proper for the Director
of the State of Florida Law Enforcement Agency to get up before a public
audience, representing the Governor of the State in an appointed capacity
as one of the Chief Law Enforcement Officers of this State, and make a
public statement like that, when he is not privy to all of the informa-
tion, nor is he he a part. Now, it is in my opinion, for us to ask the
International Chiefs of Police Association International to become them-
selves involved in this current controversy, is like asking the fox to
take care of the chicken coop. Now, I can tell you right now what their
opinion is going to be, because I can tell you whose side they are going
to fall on. They have already given an indication of that by the way
they have been reacting publicly, and therefore I would like, if this
motion passes, which I am going to be voting against anyway, I would
like to, Mr. City Attorney, make a motion to remove the name of the
International Chiefs of Police Association as one of the agencies that
the Manager is to bring back.
Mr Carollo: Maurice...
Mayor Ferre: I am asking a question of the Law Department, and I may
not be able to do it legally!
Mr. Clark: Your substitute motion to the substitute motion...
Mayor Ferre: Would be an elimination of reference to any names.
Mr. Clark: It would be in order and then the vote would first have to
be taken on your "Second" substitute.
Mayor Ferre: That is correct.
Mr. Carollo: Bob, before you said no, and now after the Mayor gave his
legal opinion, apparently you have accepted his legal opinion!
Mr. Clark: I have done so on the principle that he is actually question-
ing the propriety of that first substitute motion and in essence becomes
a point of order.
Mr. Carollo: But, still you know, whether he is questioning or not should
not make a difference in the original opinion that you gave, but neverthe-
less ... but, nevertheless, Bob, I know where you are coming from. No
problems there.
Mayor Ferre: No, no, no.
Mr. Carollo: What I would...
Mayor Ferre: I asked for a point of order, and the point of order was,
whether or not a member of this Commission is permitted to make a motion
to clarify the substitute motion, and the reading is ... and I will tell
you, as a legislator for two years, I remember that that was proper -
it is in the State Legislature, it is in Congress, and I asked for
clarification of that and have so received.
Mr. Carollo: Maurice, with all due respect, there you go again, com-
paring chicken salad with chicken manure. I don't think one thing has
anything to do with the other! These two individuals, one is the head
of the Florida Department of Law Enforcement, and the other the Chief
of Police of Coral Gables, are not going to have any say so in whatever
consultants the International Chiefs of Police Association has. For
that matter, I am not even sure if either one of these two individuals
are members of this body that has thousands of members, and how in the
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heck, can you, with a straight face, say that these two individuals are
going to influence whatever decision this national ... I have watched, you
know, more of that before, but I guess, you know, now, it is two more
individuals that is to your list, but with all frankness, I cannot be-
lieve that anyone would think that a national respected body, that in-
cludes the vast majority of the Chiefs of Police and top law enforce-
ment officials of this country, as members, is going to let their
consultant position be influenced by one or two police heads from any-
where in the country. If you really believe that then what you are
saying is that you really have no faith in law enforcement in this
country.
Mayor Ferre: No, I have faith in law enforcement, but I do not have
faith in the International Chiefs of Police - that is different. There-
for having gotten a readinq, I pass the gavel and ask to be recognized
for the purposes of an acclatory motion. And I, in making the motion,
would like to read into the record the exact words as quoted by the
Miami Herald, in the February 1st issue, on Page 2D, which by the way,
has been corroborated and I have spoken to the Governor's office on
this, and here is the statement made by the Florida Department of Law
Enforcement Chiefs - Mr. Robert Demsey, along with Police Chief Ken
Busch. Mr. Demsey's statement, quote:
"'Ken, I am with you all the way', Dempsey said during his key-
note speech at the club, which gave Harms a plaque of apprecia-
tion for the Miami Police Department's participation in the
Junior Orange Bowl Parade."
Quote:
"'I can't tell you bow badly I feel about the whole situation.
I hold Harms in highest esteem', Demsey said."
Now, I realize that Dempsey is not the International Chief of Police,
I realize he is only a member, but I would like to point out that there
has been a long standing argument in these United States on the propriety
of lawyers policing lawyers, and doctors policing doctors. I think that
is also applicable to City Managers, and frankly, I would not bring to
this community, especially since the new Chairman of the City Manager's
Association is Mr. Sylvester Murray, who happens to be from Miami and
happens to be Black. I would think it would not be proper, if we were
considering something dealing with Howard Gary, to ask the International
Association of City Managers to come and pass judgment or give us recom-
mendations on whether or not Howard Gary was doing a good job. I would
similarly feel that it is not appropriate to ask an organization that is
well known for its positions and strong appeal and standing amongst
police chiefs to come in here and give us an opinion on the Police Chief,
or on a report that deals with a hot issue such as this. I think there
is a very good reason why in America, the Army is not under a general.
The Army is not under a general because the founding fathers of this
country figure that soldiers shouldn't be the bosses of soldiers, and
that civilians should be accountable for the Armed Forces and that an
elected president should be accountable for those civilians. I there-
fore move, with that premise, that the list of the names of the Inter-
national Chiefs of Police be stricken from the list to be considered in
the Manager's recommendation, and I so move.
Mr. Perez: Do we have any second to this motion?
Mr. Dawkins: I second.
Mr. Perez: Commissioner Dawkins seconds. Do we have any discussion on
this issue?
Mr. Plummer: I will be voting with the substitute of the substitute.
I think it is necessary that we try to go and find someone that can be
mutually agreed on by all of this Commission, if in fact, the day
comes ... if the day comes, that we turn to an outside consultant.
Mr. Carollo: I would rather an outside consultant in here.
Mr. Perez: Do we have any other cussion? Okay, call the roll.
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FEB • 9 1984
FOLLOWING IS THE VOTE FOR THE HEREINABOVE
ACCLATORY MOTION, DULY MADE BY MAYOR FERRE
AND SECONDED BY COMMISSIONER DAWKINS:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer
Mayor Maurice A. Ferre
NOES: Commissioner Joe Carollo
Vice -Mayor Demetrio Perez, Jr.
ON ROLL CALL:
Mayor Ferre: In voting, let me, for the record, say that I have no
problems with the International Chiefs of Police, their integrity, or
their ability. I, as a matter of deep felt philosophy, am against peers
being responsible for policing peers, and I am against doctors having
the final say so on doctors functions and lawyers having the final say
so on how lawyers function, and I have very strong feelings that we should
not be asking a professional organization of police chiefs to deal with
how one of their own function, and on issues that are as important as
this, and I vote with the motion.
Mr. Dawkins: I vote with the motion.
Mr. Carollo: With that philosophy, I hope that if the Mayor ever needs
any kind of brain surgery, he will go to his foot doctor for it. If I
may, February 9, 1984, a member filed another list of people that the
Mayor does not like, Robert Dempsey, head of the Florida Department of
Law Enforcement, and Chief Busch, Chief of Police of Coral Gables, the
International Chiefs of Police Association, but he will of course, deny
it in the future. Getting a little more serious now, I can't understand
how you said on one hand that you believe in the integrity and ability
of the International Chiefs of Police Association, but at the same time,
say that you do not want them to be included as a possible consultant to
the City, because you do not trust their fairness. See, the bottom line
is on whether we are going to have the brain surgeon do the surgery on
the brain, or are we going to let the foot doctor direct the operation,
and when you look at an association such as the International Chiefs of
Police, or similar ones, not just them, I think that these are the
professionals in law enforcement that know how law enforcement functions
that are aware of the pitfalls, the advantages and disadvantages of certain
systems -they are the ones that have lived through it. They are not the
ones that are sitting at some desk shuffling papers somewhere. They
are out there living it and they have experienced it, so I think
it is that to see the Association of Chiefs of Police being placed at
that level, therefore for those reasons that I have stated, I have to
vote "no".
Mayor Ferre: All right, now we are back to the substitute motion, as
amended. Now, is there further discussion on the substitute motion?
Mr. Carollo: The substitute motion, as amended, I would like for the
Manager to come back to this Commission... is Wally Rodak still around
here, or did he get a 2:47 A.M. call. I don't know who is first or
second anymore. Wally, would you come up here, or...
Mr. Wally Rodak: I didn't hear the question.
Mr. Carollo: I promise you won't be shot down in the a.m. hours
Wally, as the head of the F.O.P. of the City of Miami. what other
professional associations or organizations that you know of, at the
national level now, that this Commission could inquire from to do
consulting for us on the recommendations the Booz-Allen Report has
given us.
Mr. Rodak: I would have to say that I am totally unfamiliar with
the organizations and companies that perform those services and I could
not give you an answer today.
Mr. Carollo: All right, is there anyone else in law enforcement, locally,
that can be asked for that opinion, that you know of?
ld
Mr. Rodak: Not at the present time, no.
Mr. Carollo: Okay, thank you, Wally. Motion stands, we are ready.
Mayor Ferre: All right, the motion is amended. Any other comments on
the motion? One more time, we are voting on the motion for the Manager
to come back with a list. I want to again, on the record, speak against
the motion, because I think what it does, it keeps confusion and every-
body is going to be uptight for the next couple of weeks on this. It
gets everybody excited. I think that is not the proper way to approach
it. We should either accept or reject the proposal made by Booz-Allen.
If we don't want them to do any more work, then I think we should dis-
miss them, otherwise I think it is a matter that is properly before us.
I might point out one last time that Booz-Allen has recommended other
items dealing with police work and they have never been questioned, and
their reports - we have never gone about dealing with Booz-Allen by
asking another management firm to come up and deal with a management
firm, and that is my last comment. Further comments or discussion?
Call the roll, please.
FOLLOWING IS THE VOTE FOR THE SUBSTITUTE MOTION,
DULY MADE BY COMMISSIONER CAROLLO AND SECONDED BY
COMMISSIONER PEREZ DIRECTING CITY MANAGER TO COME
BACK TO CITY COMMISSION WITH LIST OF FIRMS TO
REVIEW SUBJECT REPORT.
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer
Vice -Mayor Demetrio Perez, Jr.
NOES: Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
ABSENT: None
Mayor Ferre: Now, on the main motion - we are back to the main motion.
Mr. Garcia -Pedrosa: The substitute motion.
Mayor Ferre: Accepts the report.
Mr. Carollo: Can the main motion be repeated again by the Clerk, please?
Mr. Ongie: The motion was to accept the Booz-Allen report.
Mr. Plummer: No, it is more than that!
Mr. Ongie: With the amendments that were made by you.
Mr. Plummer: Read the amendment.
Mayor Ferre: The. amendment we just passed - there were three amendments -
no, I am sorry, there were two parts of the motion that you added, Plummer.
One was your series of questions to Booz-Allen, and secondly, the request
that Chief Breslow have the opportunity to study and recommend, and now
the third, is the one we just passed by a majority vote of three to two,
that says that the Manager is to come back with a recommended list of
professional management firms, knowledgeable in police work, to comment
on the work done by Booz-Allen. That was the motion that was just passed,
and is therefore part and parcel of the main motion, because it was an
amendment to.
Mr. Plummer: Mr. Mayor...
Mayor Ferre: Yes, sir.4
Mr. Plummer: I would hope you would allow the maker of the motion to
clarify.
Mayor Ferre: Yes, sir. Of course.
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MB 9 1984
Mr. Plummer: The other portion of the motion, Mr. Mayor, was to defer
until the March meeting at which time we would have a full blown dis-
cussion.
Mayor Ferre: Of course, that is what he said! The motion, as I under-
stand it again is, that - one, Booz-Allen Report be accepted; two, that
the discussion on the implementation be deferred until one, Booz-Allen
answers your questions; two, the Police Chief has had time to input,
and three, until the Manager recommends for selection, or for non -
selection, a consultant to study the consultant. That is all it was -
those are the three...
Mr. Plummer: That was not part of the motion, but I have no objection
to
Mayor Ferre: No, no, Mr. Plummer, so we don't misunderstand each
other.
Mr. Plummer: You are saying that is the substitute - okay.
Mayor Ferre: No, sir. What I am saying is, I am following Robert's
Rules of Order parliamentary procedures, and where we are now is, there
was a motion...
Mr. Plummer: Mason's.
Mr. Garcia -Pedrosa: Masons's.
Mayor Ferre: I'm sorry - Mason's Rules of Order. There is a substitute
motion that was voted upon, and it passed. The substitute obviously
impacts the main motion.
Mr. Plummer: Right.
Mayor Ferre: Because we are now to the main motion. The main motion
includes the substitute, which passed. Is that correct? Are we ready
to vote?
Mr. Plummer: Yes.
Mayor Ferre: Okay. Anybody have any more comments, problems or questions?
Call the question on the main motion.
MOTION DEFEATED. Motion pertaining to acceptance of
Booz-Allen Report, which was duly made by Commissioner
Dawkins and seconded by Commissioner Plummer was de-
feated by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
NOES: Commissioner Joe Carollo
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
ABSENT: None
ON ROLL CALL:
Mr. Carollo: I really can't vote for a motion that my interpretation of
my vote as being in favor of all the points that have been made by Booz-
Allen firm, that is why I have to vote "no".
Mr. Perez: I want to be strong in my vote, and I vote "no".
Mr. Ongie: Motion fails..
Mayor Ferre: That means the full motion and everything that went with
it fails.
91 fE- B . 91984
THEREUPON, THE CITY COMMISSION WENT INTO A BRIEF
RECESS AT 5:15 P.M., reconvening at 5:30 P.M.
with all members of the Commission found to be
present except for: Commissioner Carollo and
Commissioner Perez.
37. APPOINT J. EDWARD J. HOUSTON, ALEXANDER MAC.WOLFE, HOWARD R.
SCHARLIN, AND W. STANLEY DODD, JR. TO SERVE AS MEMBERS OF THE
DOWNTOWN DEVELOPMENT AUTHORITY.
Mayor Ferre: This is Agenda Item Number 55. Mr. Kenzie?
Mr. Roy Kenzie: For the record my name is Roy Kenzie, Executive
Director of the Downtown Development Authority. Resolution 55 reappoints
Garth Reeves, Sr. and appoints J. Edward Houston, Alexander Mac. Wolfe,
Howard Scharlin and W. Stanley Dodd, Jr. to each serve as members of
the Board of Directors of the Downtown Development Authority, The City
of Miami, for terms expiring June 30, 1987. Four of the five people
elected by the Board for your consideration are here today - Mcw. Wolfe -
Mayor Ferre: Would they please stand to be recognized?
Mr. Kenzie: Mcw. Wolfe is back here, who is the President and Chief
Operating Officer of Southeast Bank; we have Howard Scharlin, who is
the....
Mr. Plummer: Excuse me. Mr. Mayor, I find this objectionable. Now, I
am sorry - these are all friends of mine, and they are great people, but
I think in the courtesy of one Commissioner who asks that this matter be
deferred.
Mr. Dawkins: No, I withdrew it.
Mr. Plummer: Withdrew it?
Mr. Dawkins: Yes, I did. Thank you.
Mr. Plummer: I apologize - proceed.
Mayor Ferre: Also, we ought to get the full Commission here. Would
you - Mr. Pierce, would you tell the members of the Commission that we
are voting on the D.D.A. membership, and they need to be here.
Mr Plummer: Okay, fine, but tell me.
Mr. Kenzie: Howard Scharlin, who is senior partner of Katcher, Scharlin
and Lanzetta, the founding director, and principal shareholder of First
National Bank of Greater Miami, and director and principal shareholder
of United National Bank of Miami. Then we have J. Edward Houston, who
is president of South Florida Savings and Loan and involved in a variety
of activities both here and in Broward County, and Stanley Dodd, who is
president of Dodd Realty, owner of several parcels of property, both
within downtown, Brickell Avenue area, the Omni area and active in a
variety of community activities as well.
Mayor Ferre: All right, any questions of the recommended new members of
the Downtown Development Authority?
Mr. Dawkins: Two questions.
Mayor Ferre: Yes, sir?
Mr. Dawkins: Again, we are back to square one. I wish you would let
me know these things ahead of time, and you and I discuss them. Secondly,
where is the fourth member?
ld Oro FEB 91984
0
Mr. Kenzie: There are four here. The fifth one is Garth Reeves, who
is supposed to be here, and I don't know where he is, but he did not
arrive here yet, but two of these gentlemen have to leave so...
Mr. Dawkins: I make a motion that we accept those individuals and
appoint those who are here, and we come back and do another considera-
tion for those that are not here.
Mayor Ferre: That is acceptable. Is there a second? Is there further
discussion? If the other members wish to voice their opinion when they
return, they have that right, and I will recognize you for that pur-
pose. I don't think that will change the vote. Without any further
discussion, call the roll.
The following resolution was introduced by Commissioner Dawkins,
who moved its adoption:
RESOLUTION NO. 84-154
A RESOLUTION APPOINT ING J. EDWARD HOUSTON,
ALEXANDER MAC- WOLFE, HOWARD R. SCHARLIN,
AND W. STANLEY DODD, JR. TO EACH SERVE AS
DIRECTORS OF THE DOWNTOWN DEVELOPMENT
AUTHORITY OF THE CITY OF MIAMI FOR TERMS
EXPIRING JUNE 30, 1987.
(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 Miller J. Dawkins *NOTE: Although absent on roll
*Commissioner Joe Carollo call, Commissioners Carollo and
Commissioner J. L. Plummer, Jr. Perez later asked of the City
*Vice -Mayor Demetrio Perez, Jr. Clerk to be shown as voting with
Mayor Maurice A. Ferre the motion.
NOES: None
ABSENT: None
Mr. Plummer: I think we also should put on the record that there has
been discussion, and I want the members either reappointed or appointed
to realize when it was brought forth that it only takes three votes of
this Commission to abolish the D.D.A., that there is going to be dis-
cussion in the near future by this Commission about that particular seg-
ment. I think that is only fair to tell you that, that Commissioner
Dawkins asked that that consideration be given at a future meeting and
I am sure that it will be discussed, so I don't want you to think that
we appointed you today to get rid of you tomorrow.
Mayor Ferre: All right, thank you very much, gentlemen, for taking the
time to come here and be with us at this point.
38. DISCUSSION ITEM CONCERNING APPOINTMENTS TO THE AFFIRMATIVE ACTION
ADVISORY BOARD,
Mayor Ferre: Agenda Item Number 51 - Commissioner Dawkins requested.
Take up Item 51. Patrick White, representative of the Affirmative
Action Advisory Board - all right, Mr. White.
Mr. Patrick White: Thank you, City Manager, Mr. Mayor, members of the
Commission. My name is Patrick White, I am the Chairman of the Affir-
mative Action Advisory Board for the City. I am here pursuant to Ordi-
nance 919, 9139, Section 14, which gives us the opportunity to come
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93 FEB A 9 1984
4 0
before the Commission and report with respect to the substance of the
findings that we had made concerning Affirmative Action in the City.
I think you all have before you a document which is dated January 17th.
It says 1983, it should say 1984. Before I talk about specific areas
of that document, I think there are some members of the Board that are
probably still here that are probably still here, and if we could just
recognize them for one second - I guess they are all gone, with the
exception of Sgt. Burke who is sitting in the corner there. Before
we talk about the subject of this document, I think it is appropriate
that I relate to you the procedure of how we go about dealing with
our finding discrimination on the City of Miami Affirmative Action
Board. What we do, is we get statistical information from the Depart-
ment of Human Resources and analyze that information to make a determi-
nation as to whether or not there is statistical disparate impact, that
is to say, if you look at that information, you can see glaring statis-
tical results, whici reflect that there may be a problem with respect to
the hiring of minorities in certain departments. Now, we keep in mind
that although statistics are often times glaring, we don't come to the
conclusion that discrimination exists until we have the opportunity to
meet with people from those specific departments and interact with them
about explanations as to what they believe to be legitimate nondis-
criminatory basis for the statistical disparity. Such was the case with
the Police Department. During the past year, we met with several members
of the Chief's Department - members from the South Florida Institute of
Criminal Justice and also from the Department of Human Resources Valida-
tion Department. We met with them because there was a great deal of
disparity with respect to recruits and the attrition rate of the recruits.
After sitting down with those persons, we discovered that the emphasis
had been on the exclusion of people, as opposed to the inclusion of
people. We were also able to find that... there were several areas.
For one, the written test for police officers continued to have that
written impact against minority applicants and two, that minorities
most often failed in the areas of academics and firearms. Some of the basics
that were given to us as a result of our investigation is that minorities,
particularly Blacks, do not have the educational skills, which would make
them good recruits. It was told to us that in the theory called the
dominant eye theory, which prevented minorities for some reason or
another from being able to shoot guns, and there was also some concern
in members of the Police Department that woman inherently had problem
with grip strength, and as a result of that problem, they were not able
to make it through the Academy. We challenged all those areas and we
came up with conclusions that with respect to the educational aspects
when you do have disparate impact with respect to people who pass those
tests, the first thing you look at is not the people when you make a
conclusion that the people may not be educated and what you do is you
look at the tests to make sure that...
Mayor Ferre: We don't need that.
Mr. White: Okay.
Unidentified speaker: I am agreeing with you.
Mr. White: Okay, what you do is, you look at the tests to make sure
that the test is content valid. We found that this is not necessarily
the case with respect to the tests that were given to some of the police
recruits. It has been called to our attention that some of the tests
that were being used were tests that had been employed from long periods
of time ago, and for all practical purposes, they were somewhat antiquated.
It is our understanding that that has changed. With respect to the domi-
nent eye theory, we challenged the individuals the individual who brought
that theory to our attention to find out more information on it. It was
our understanding that the dominent eye theory basically was equivalent
of sickle cell anemia of the eye, which meant that minorities for some
reason or another could not shoot the gun. They came back to us without
any information at all as to what the basis of that theory was, and we
dismissed it and they dismissed it. I am going to read part of the
report to you. Our investigation resulted in the positive action by all
94 F E B 9 1984
ld
4 0
three agencies. Again, we are talking about the South Florida State
of Criminal Justice, the Miami Police Department, and the Department
of Human Resources Validation Department. I must also state that
all those departments were extremely cooperative. They came in with
no problems. We invited them in. They came in one or two occasions,
and they were in pretty much agreement with all the recommendations
that we had to make. As a result of those meetings, a new evaluation
form is being developed for use in the fire arms portion of the pro-
gram. The dominent eye theory has been discarded as the primary cause
of minority failures in fire arms. The problems are being explored
through the relationship jobs and employment, particularly fire arms,
drivers training and on duty vehicles with accidents. The City
of Miami Police Department has included instructions on improving
grip strength and pre -orientation phase of hiring so that individuals
have as much time as possible to for remediation fire at the beginning of
the Academy. The Academy curriculum has been revised to reflect the
competency based on that approach. Test questions have greater
reliability to the use of item analysis. 95% of all the test questions
are now referenced to material each Trainee has in his or her possession.
Voluntary use sessions are being conducted before examinations and mekeup
tests provided. The law and human skills module detects student de-
ficiencies early by using periodic quizzes prior to examination. These
changes have contributed to the reduction in the Academy of the academic
failure of the Academy. The data from classes of '79 and 180 show that
only 1.4% of the students fail academically. Now, with respect to some
of the recommendations that have been made which have been approved by
the parties that we dealt with, we will now relate them to in the mope
that we get your consent on them. So, Number one, the Police Academy
should maintain minority representation as fire arms instructors in
proportion to the minority enrollment. We feel that this change is
consistent wit the spirit of the Consent Decree. Number two, implement
of procedures for evaluation of instruction, testing personnel, includ-
ing, but not limited to fire arms. We found that there was no procedure
for actually testing the instructors. The instructors had been at the
Academy for some years. No one ever questioned the competency, and/or
the qualifications.
NOTE FOR THE RECORD: Commissioner Perez entered at 5:40 P.M.; Commis-
sioner Carollo entered at 5:45 P.M.
Mayor Ferre: Excuse me for a moment, Mr. White. Joe and Demetrio, we
are on Item 51 now.
Mr. White: Okay, our third recommendation, dominent eye theory, should
be proven or discarded as a fact as contributing to minority failures
in fire arms training. If proven, the Department of Human Resources
should include tests of the dominent eye theory during the initial
medical examination. We don't foresee having any problems with that.
Number four provides remedial training and grip strength to all
recruits; Number five, complete validation of curriculum with emphasis
on law and human skills - the area posing the highest failure rate in
minorities. Number six, increase and maintain the representation of
minorities instructors at least equal to the enrollment of recruits at
the Institute. Number seven, Validation Division of Human Resources
should give priority to conducting and analyzing the analysis of police
and fire entrants examinations to lessen adverse impact, and Number eight,
update the police and fire examinations to reflect current job related
qualifications. The Board also reviewed the most recent Affirmative
Action progress report, and we wish to commend the City Manager and
the Commission for the achievement in improving employment opportunities
for minorities and woman. However, we all feel that there still remains
a serious disparity in the employment picture. The bottom line is that
Hispanics and woman are under represented in number and under utilized
in most job categories. The majority of Black employees do occupy
low paying less prestigious jobs. Anglo males continue to hold 60%
of the management postions and 51% of all the professional positions.
Consequently, 75% of those earning above $35,000 who are employed by
the City of Miami are Anglos, and that is a startling statistic, es-
pecially when considered that White Anglos males are equal, something
like 11% of the total labor force. Although 11%, they are 75% of all
those earning over $35,000 a year, and if you add Anglo females to
that figure, you have almost 80% that are earning more than $35,000 a
year - 80% of the total. I believe the total of all those employees
4 0
in the City of Miami earning more than $35,000 is something like
430.While, the Police Department now reflects a greater minority
representation. Little progress is evident in the Fire Department.
The Fire Department has been accomplishing with respect to the Con-
sent Decree since Day one - it has been a problem, as you probably
well know, the Fire Department and the Fire Department Union has
recently gone to Federal District Court to try to have the rule of
eight eliminated on the bogus theory that it is an issue of reverse
discrimination, and as you probably also well know, that the Federal
District Court denied that ruling. There has been indications to
my knowledge, which has been told to me that there are problems with
respect to the Fire Department when you do have new recruits that
are there, they feel some degree of antagonism and just basic feeling
of not being wanted. The Fire Department is very unique. It is a
clandestine type organization. You sleep there and live there for a
period of days and it is very important that people feel a part of
that program. I don't know what else to say about the Fire Department.
Something has to be changed very soon. When someone comes into the
Affirmative Action Advisory Board with a complaint about their treat-
ment in the Fire Department, it is important that we all know that
anything which has a retaliatory effect, that it contradicts Title 7
of the 1964 Civil Rights Act. It is contrary to law. Retaliation is
a basis for a Federal District Court lawsuit. So yes, we do see that
there are a number of problems with respect to minorities being accepted
at the Fire Department.
Mayor Ferre: Mr. White, sorry for the interruption aeain. Let
Pt
you what I am concerned about. You are making some very strong, I lin tehk,
very important statements. I am concerned for two reasons. First of
all, because it has been a long day and all of us have a lot of things
going on in our minds, and I think what you are saying is a very impor-
tant thing. Second concern that I have is that there are a lot of peo-
ple that are waiting here on other issues. We took you out of turn,
and you seem to be going on for quite a while. Are you going to speak
much longer?
Mr. White: Another two or three minutes.
Mayor Ferre: I think also you should come hack. and I would like to
put you on - you go ahead and speak your three minutes, but I want you
back here and I want you to speak at the beginning of the meeting. We
have a tendency to listen a little bit more during the beginning of
meetings and towards the end of meetings, and I think you have got a
very important thing to say here.
Mr. White: Okay, I will just go through this fast and try to do it
quickly. We have concluded that progress is shown, but the total pic-
ture is unimpressive.- We urge that the implementation of realistic
plans which will result in meaningful change. We want to see the in-
clusion of minorities and woman at the tops in all departments, as may
be employed in the City Manager's decision to create management posi-
tions in the Department of Police and Fire, to increase the minority
participation in decision making level. Unfortunately, we are not yet
aware of any substantial appointments now since this document was
created. We do understand that some appointments have in fact, been
made. We are concerned about that because it seems that the appointments
that have been made are of the same people. What we are asking is that
new people be promoted into key positions. The Commission also approved
a resolution that established 80% hiring goals in the executive services
and 60% in the category of official administrative. There are several
management positions open and qualified minority and woman should be
appointed to fill these spots. Now, that has always been a problem when-
ever the word qualification and minority are used in the same sentence,
it always seems as though the minority is held to a greater scrutiny than
has been held in the past:. I think the same situation which Mr. Porter was
speaking to earlier, with reference to Mr. Gary, the Booz, Allen & Hamil-
ton report , whenever therm is an attachment of a minority stigmas to
those types of reports, they are held to great scrutiny as follows. We
are aware that there are individual departments in the City which seem
to be exempt from the Affirmative Action Program as evident by their
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96
,DEB 91984
4 0
lack of achievement in hiring and promotions and promoting minorities
and woman. This is a violation of the Affirmative Action Plan, which
requires an annual evaluation of Department Directors to determine
their effectiveness in achieving hiring and promotion goals. This is
part of the Consent Decree. I have a list of Departments, one of
them is the Public Works Department. When I come back again I will
have a list which is an updated of that. Some of the recommendations
that we are making is that the Booz Allen Hamilton Report entitled
"Organization.Management and Operation of the Miami Police Department
be implemented. We feel that it's consistent with ethical, moral and
legal spirit of the Consent Decree. Number two, that the eighty
percent hiring goal for minorities in the Executive Service be met.
We understand that there are in fact positions available now. Number
three, that department directors be held accountable for Affirmative
Action achievement through annual evaluations and number four, the
Affirmative Action Division should report directly to the City Manager
with the accompanying authority to implement the Affirmative Action
Program. And that's very important. All over the Country Affirmative
Action Divisions have died as a result city/government bureaucracy.
It's my understanding that in this city the director of the Affirmative
Action Program reports Mr. Krause and Mr. Krause reports to an Assistant
City Manager and the Assistant City Manager reports to the City Manager.
That's the problem, unnecessary bureaucracy that kills the spirit the
Affirmative Action thrust. I believe Mr. Dawkins has raised this
before, but I'm not certain as to when. I have a few other statements
but I will hold them for another period of time.
Mayor Ferre: I think we should have the opportunity to reread the
report for 1983 and then have you back at the beginning of a meeting
where we can discuss it further with you. Alright, thank you very
much, Mir. White.
Mr. White: Sure, thank you...
---------- -----------------------------------------------------------
39. PERSONAL APPEARANCE: REPRESENTATIVES OF THE GOOMBAY FESTIVAL
TO BE HELD IN JUNE. MATTER REFERRED TO THE CITY MANAGER.
---------------------------------------------------------------------
Mayor Ferre: Now, is there anybody who has an emergency and if so
please state your emergency and the item. Yes, sir, you have an
emergency with 47? Please step forward, your name and address, state
the reason why you have an emergency and proceed.
Mr. John Williams: Mr. Mayor and Commissioners, my name is John
Williams. I am the Vice -Chairman of the Miami/Bahamas Goombay Festival
Committee...
Mayor Ferre: Mr. Williams, there are a lot people waiting on other
items, tell us why you want us to take this item out of turn?
Mr. John Williams: Ok. I'm introducing myself to let you know that
I am not the Festival Committee that requested this. You have another
group that's Bahamas Goombay Festival Committee.
Mayor Ferre: Sir, I need to interrupt you. I asked if there were
any other emergency items. You need... whoever, you came forward. I
have no problems, but you got people here waiting and we are on Item
14, you are Item 47 and I have got to ask you and you need to tell me
that you have an emergency so I can take you out of order. Otherwise,
you can go sit down and we will wait...
Mr. Williams: Ok. Our dommittment... Well, Mr. Rolle is a part of
our committee and myself -are working and we have to get back to where...
we have been here, you know, earlier to try to take care of this thing
and we both have. tv net back to work and it...
gl 97
FEB 91984
Mayor Ferre: So has everybody else. What time do you have to get back
to work?
Mr. Williams: Well, I'm working now. I work until 10 o'clock and I
have taken time off to try to come up here for this.
Mayor Ferre: Alright, I think that's acceptable. Anybody have any
objections to this. Go ahead.
Mr. Williams: As I was trying to say the thing that I'm trying to do
is make sure that the Commission understands that the group that is
presenting this proposal to you is another Goombay Festival Committee.
The City has already granted the Miami/Bahamas Goombay Festival Committee
a grant in the amount of forty-five thousand dollars. The festival
dates have already been set for June 1st, 2nd and 3rd of 1984.
Mr. Gary: Do you want the streets closed?
Mr. Williams: Pardon?
Mr. Gary: Do you want the streets closed?
Mr. Williams: And we have already requested the streets to be closed.
Mr. Gary: Thank you.
Mayor Ferre: Alright, I think we ought to hear from the proposers
of this and then Mr. Manager, we need to... Well, first of all we need
to hear whether the Manager and the administration...
Mr. Dawkins: I think it should be referred to the Manager.
Mayor Ferre: Has the administration looked at this proposal?
Mr. Dawkins: Has the Manager seen both of these? I mean the Manager.
Mr. Stuart Sorg: Miller may I make one comment?
Mayor Ferre: You are not the Manager.
Mr. Dawkins: You are not the Manager.
Mr. Gary: He is sometimes.
Mayor Ferre: You are the Admiral, you are not the Manager. Alright,
Mr. Manager.
Mr. Gary: I understand they want the streets closed. You have already
appropriated money for them. They want the streets closed for the
Goombay Festival.
Mr. Williams: Well, this is another group now. This is another group
Mr. Manager.
Mayor Ferre: Mr. Manager, this is Item 47.
Mr. Gary: Right. Oh, it's like it's... we got two Goombays now.
Mr. Sorg: Let me just mention where the problem is that Goombay...
the official Goombay Festival is for the 1st and 2nd of June, another
Goombay Festival is trying to come in on the next weekend.
UNIDENTIFIED SPEAKER: I am so original, I named it.
Mayor Ferre: Alright, now just hold on for a second. Mr. Manager,
the Chair is asking you a question. Where is a letter dated January
9th addressed to you, Item 47,•and ask that they be permitted a permit
to block off the following streets for a Goombay Festival June 9th and
loth on Grand Avenue from Hibiscus East around Mc Farlane and the
South side of Rayshore Drive. Now, a, proposal has been prepared to
share with the Commissioners. The proposal is part of the packet and
we have also been given this green copy of it and I'm asking you
specifically has the administration looked at it and what is your
91 98 FEB 91984
6 0
recommendation?
Mr. Gary: I think this item should be turned over to the administration
and we bring it back at the next meeting, our recommendation.
Mayor Ferre: The problem is that there is no time in the next meeting.
They are asking this for... oh, I'm sorry, June 9th. Stand corrected.
Alright, Mr. Major.
Mr. George Major: My name is George "Big Al" Major. I am the
originator of the Goombay Festival. When I originated it in 1977 it
was suppose to have become self -sustained in three years. It was
supposed to have gone from a festival to a carnival from a carnival
to a marti gra. Well, in 1979 there seem to have been some discrepency
during the time of my illness and Mr. Williams, he formed another
group, him and the Commission, but in watching the Goombay Festival
in the last few years we have found that instead of progressing it's
regressing and it's now labeled as a Black cook out for Saturday and
Sunday. We now want to make it into what it was originated for, that
is a festival to relate to the community as through the contribution
made by the Bahamian people, as people here that can sustain itself
and you know, people from North will be coming back to Miami for the
Goombay Festival. It was never intended to be a burden to the City
of Miami and here we found that every year we are asking for forty-five
thousand, thirty thousand and fifty thousand and we can as the original
group, can be self-sustaining as of this year. There is no reason
why the City have to put in money every year, year after year after...
and it's the same old thing and regressing.
Mr. Gary: You got me.
Mayor Ferre: Alright, Mr. Manager, what's your recommendation so we
can move along?
Mr. Gary: I don't have one right now, Mr. Mayor.
Mayor Ferre: Alright, this matter is deferred to the administration
for further discussion and deliberation and a recommendation at a
future Commission meeting. Plummer so moves, Dawkins seconds, further
discussion, call the roll.
40. EMERGENCY ORDINANCE: APPROPRIATION $600,000 FROM STORM SEWER
GENERAL OBLIGATION BOND FUNDS ESTABLISHING THE LE JEUNE STORM
SEWER PUMP STATION AND FLAGLER STORM SEWER MODIFICATIONS.
Mayor Ferre: We are on Item 14.1. This is an ordinance on emergency.
I think we can move fairly quickly now. Mr. Manager,... Is there anybody
here on 14.1? Alright, 14.1. Alright, now you want to tell us? This
is six hundred thousand dollars of the 1970/78 storm sewer. This is
the last of the monies left, right?
UNIDENTIFIED SPEAKER: Yes, sir.
Mayor Ferre: Any other questions of Mr. Cather? Is there a motion?
Mr. Plummer: Move it.
Mr. Dawkins: Second.
Mayor Ferre: Moved by Plummer, seconded by Dawkins, further discussion,
read the ordinance. Alright, call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE•AMENDING ORDINANCE NO.
9534, ADOPTED DECEMBER 9, 1982, THE
EXISTING CAPITAL IMPROVEMENTS APPROPRIATIONS
gl ��
FEB 91984
4 0
ORDINANCE; AS AMENDED; BY DELETING WEST END
STORM SEWERS -PHASE II CAPITAL PROJECT IN AN
AMOUNT OF $600,000 IN THE 1970 AND 1978 STORM
SEWER GENERAL OBLIGATION BOND FUND; AND BY
ESTABLISHING LEJEUNE STORM SEWER PUMP STATION
IN AN AMOUNT OF $150,000 AND FLAGLER STORM
SEWER MODIFICATIONS IN AN AMOUNT OF $200,000
AS NEW PROJECTS IN THE 1970 AND 1978 STORM
SEWER GENERAL OBLIGATION BOND FUND; 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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Joe Carollo
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
Whereupon the Commission on motion of Commissioner Plummer and
seconded by Commissioner Dawkins, adopted said ordinance by the following
vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Joe Carollo
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9794
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
41. APPROVE IN PRINCIPLE THE CONCEPT OF PUBLIC OBSERVATION PIER
AND ADJACENT ARTIFICIAL REEFS TO BE DONATED BY THE HAMILTON
CORPORATION IN MAGNOLIA PARK.
Mayor Ferre: Alright, take up Item 26. I notice in the audience Mr.
Jeb Bush who is recently the father of a proud son, proud father and
grandfather and on behalf of all of us may I commend him and
congratulate his wife. I think this is great news Jeb and best wishes
for you and the family. My condolences to you for becoming a politician.
For such a smart guy it's probably one of the dumbest things I had
ever seen you do and I... you have my sympathy and condolences, but
very best wishes in your election as Chairman to the Republican Party
of Dade County. They need you very badly.
Mr. Carollo: I don't know with that endorsement from the Mayor if he
is trying to help you or sink you.
Mayor Ferre: Well, I will tell... alright...
Mr. Plummer: Is true Jeb that if you lose that election you will turn
Democratic?
(BACKGROUND COMMENT INAUDIBLE) .
Mayor Ferre: Alright, we are on Item 26. This is a resolution
approving in principle only the concept of the public observation pier
91 1Q0 FEB 91984
6
and adjacent artificial reefs to be donated by the Hamilton Corporation
for operating and maintain the ownership of the City of Miami Magnolia
Park. Alright, Mr. Kern.
Mr. Carl Kern: Yes. Carl Kern, Director of Parks and Recreation.
The Magnolia Corporation is building a development on 34th Street
they are trying to get some permits to build a marina adjacent to that.
In the permitting procedures some of the regulatory agencies recommended
that there amelioration project, which is a pier and a dock... not a
dock, but a pier and some riprap be placed in Magnolia Park which is
two blocks North of 34th Street of the project. I think the idea
was that it would provide for more public access in Magnolia Park
which is now basically just a barren piece of land. This whole thing
has to go through a bunch of complicated zoning and permit precedures.
This first step merely allows the applicant--- in this case the
Hamilton Corporation to initiate the process with the State of Florida
getting their permits with the Corp of Permits and the other
environmental regulation permits. It will have to go through the
entire rezoning precedure in the Zoning Board and come back to your
for a final hearing. What we are doing now is merely recommending
that this process be initiated. We are involved because they do
want to place it in the City Park.
Mr. Dawkins: But Mr. Kerns we are accepting a reef... I mean, if I'm
wrong correct me for allowing them to construct twenty-three private
slips?
Mr. Kern: No, sir. No, sir that... the slips were being constructed
at the development which is not in the park land, that is on 34th Street.
Mr. Gary: No, you got to answer his question directly.
Mr. Pierce: Commissioner, the Hamilton Corporation would construct
on land adjacent to their project at 34th Street and Biscayne Bay
a twenty-three slip private marina.
Mr. Dawkins: This is their own land?
Mr. Pierce: It would be own land and it would be leased from the
State--- Bay bottom land leased from the State.
Mr. Dawkins: Ok, what I'm trying to get Mr. Pierce is are we being
offered the carrot of the fish reef in order to go along with this
That's what I'm asking.
Mr. Pierce: No.
Mr. Dawkins: Well, what will the City get?
Mr. Gary: Well, the bottom line of your question is that's correct.
Mr. Dawkins: Thank you, Mr. Gary.
Mr. Gary: That is they have to provide to the State some public
amenity for the State to consider them putting out this twenty-three
boats slips. Now, obviously, the value of those twenty-three boat
slips in my estimation is worth more than seventy-one thousand dollars
to them. And I understand the point you are trying to get to. What
we are trying to do here today is to say that we will accept if you
accept, if you don't think that it's adequate you don't have to, but
that we will accept this without the City Commission being put in
any position of granting them any kind of variance that may be
required once this matter comes before you. This is mainly a State
requirement and they need this from us in order for them to proceed
with the State. They still'have to come back before you in turns of
the whole permitting process.
Mayor Ferre: Alright, Marilyn Reed.
Ms. Marilyn Reed: May be I can clear up some of this. I'm quite
familiar with this project. They put their applications in several
years ago and through the permitting process they have not be able
to get their permits because they did not comply with the various
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laws. I that you as members of the Commission would read your document
in the kit carefully, because this is exactly what I was talking about
this morning. This you have an opportunity to have your input, to make
your decisions. This is what you will lose at a later time should the
legislature do what we discussed this morning. This is a good example
of it. In addition Biscayne Island where Miriam Maer had to file two
one twenties. You should be familiar with that case. It's similar,
but let me go back to this specifically. They have not issued any of
the DNR just only last week. In three years they have not issued any
submerged land leases. They cannot issue them unless they comply with
the public interest and the other test is hardship. This developer
can comply with neither one of them. When you use the word "Public
Benefit" that is a City of Miami term. It does not comply with
State law. Furthermore, David Doney won the Grove Isle case and
that's going to apply to this. It's questionable whether they can
even get this marina approved in the long run. The important thing
here for you to remember is that they went through the process and
they got bogged down because some of us wrote and said the City had
not had the opportunity to respond to it. So, this is your opportunity
to respond. How long you are going to have that authority will depend
on this legislative session, but I would remind you that under the
various permitting laws there is a question as to whether this can
be approved with the existing Appellant Court rulings on the books now.
Mayor Ferre: Are you saying that you are against this?
Ms. Reed: I'm not saying either one. I am giving you this for
information so you understand that this is an example of what we are
talking about. Where you would lose your authority to have anything
to say about a project in your own territory. The reason this got to
a problem is because D.E.R.M. has a policy of building piers at
street ends under their bay management plan. When you come into a
street end which was the original proposal here, the neighbors don't
want it. They are afraid of crime because of the public coming in.
It's a program that's going to be controversial every time they go to
a street end. So they moved it over to Magnolia Park, but they did it
without coming to the City and asking you all could they use your
park. This is why you have got it before you now to assert your
authority on whether or not you want to go with it. Am I making this
clear to you now?
Mr. Dawkins: Mr. Gary, I would like to go on record that you inform
them that I do not believe seventy-one thousand dollars is a fair
exchange. I also would like to direct you to page two and ask you
if you agree with the following; and that is acceptance by the City
Commission in principle only of the concept of a pier and artificial
reef for Magnolia Park and authorization for the City Manager to
allow representatives of the Hamilton Corporation to act as the City's
agents in acquiring all related permits or variance for the piers and
artificial reefs and number two, completion by the Hamilton Corporation
of this, etc., using the pier and reef as a public benefit required
by the State. Again, these people want to act as your agent in seeking
the permit of the construction. Do you agree to that?
Mr. Gary: Yes, because the expense is their. That means they have
to got to go through the expense and the headaches of getting that
whole process done. I have no problem with that. Seventy-one thousand
dollars.
Ms. Judith Berg: Mr. Mayor and members of the Commission, my name is
Judith Berg from the law firm of Fine Jacobson, Block, Klein, Colan
and Simon. I'm here on behalf of the developer Hamilton Corporation,
the developer of Bay Point Place. I would like to say first of all,
we are not looking to get around any of the permitting process. It's
just that this is the first step that we need in applying for a submerged
land lease. Secondly, the decision whether or not the City wants the
pier at Magonolia Park will come again before this body when we apply
for a variance for our marina. The Zoning Board will have the
opportunity to say whether or not they agree that the observation pier
is enough of a public amenity to be given in exchange for the variance
and then it will come before the Commission. So right now we are only
asking that you approve in concept that should... all the State agencies
and the Army Corp of Engineers and Dade County D.E.R.M. and your Zoning
gl U^2 FEB 1984
6 4
Board all approve the marina and say that it is the proper public
benefit to give, that you would allow the pier to be built at
Magnolia Park.
Mr. Gary: Mr. Mayor, I recommend that we accept this in principle and
address it finally when it comes back before you again.
Mr. Plummer: So move.
Mayor Ferre: There is a motion.
Mr. Dawkins: Second.
Mayor Ferre: Alright, further discussion on Item 26 as presented?
Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 84-155
A RESOLUTION APPROVING IN PRINCIPLE ONLY THE CONCEPT OF A
PUBLIC OBSERVATION PIER AND ADJACENT ARTIFICIAL REEFS TO BE
DONATED BY THE HAMILTON CORPORATION FOR OPERATION,
MAINTENANCE AND OWNERSHIP BY THE CITY OF MIAMI AT MAGNOLIA
PARK.
(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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Joe Carollo
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
42. APPROVE MOST QUALIFIED CONSULTING FIRMS FOR PROFESSIONAL SERVICES
FOR RENOVATION OF BLUE LAGOON PARK.
Mayor Ferre: Alright, take up Item 29.
Mr. Plummer: Mr. Mayor, I think what these people are here, they are
selected as the #1 choice to negotiate with. Is that correct? The
Manager has recommend Item 29. I will move it.
Mr. Perez: Second.
Mr. Gary: If you notice it's a minority firm, too.
Mr. Dawkins: A minority what? Lady?
Mr. Gary: No, they are minority.
Mayor Ferre: Alright, there is a motion and a second that prime
consultant Albert R. Perez and Associates, PA and landscape architects
be selected. Is that it?
Mr. Gary: Yes, sir.
Mayor Ferre: Is that the name of the firm?
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FEB 9 684
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4
Mayor Ferre: For negotiation purposes.
Mr. Gary: To begin negotiations.
Mr. Plummer: Yes.
Mayor Ferre: Further discussion?
Mr. Gary: To be selected and to begin negotiations.
Mayor Ferre: Ok.
Mr. Plummer: The first right to negotiate.
Mr. Gary: Right.
Mayor Ferre: Further discussion, call the roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 84-156
A RESOLUTION APPROVING THE MOST QUALIFIED CONSULTING FIRMS
TO PROVIDE PROFESSIONAL SERVICES FOR THE RENOVATION OF BLUE
LAGOON PARK; AUTHORIZING THE CITY MANAGER TO UNDERTAKE
NEGOTIATIONS WITH THE MOST QUALIFIED FIRMS, TO ARRIVE AT A
CONTRACT WHICH IS FAIR, COMPETITIVE, AND REASONABLE, AND
DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED
AGREEMENT TO THE COMMISSION FOR RATIFICATION AND APPROVAL
BY THE COMMISSION.
(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 Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
43. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH ALBERT R.
PEREZ, P.A., FOR PROFESSIONAL SERVICES RELATED TO THE CHARLES
HADLEY PARK RENOVATION PROJECT.
Mayor Ferre: Anybody here on Item 30? Alright. Authorizes the City
Manager to execute an agreement in substantially the form attached hereto
with Albert R. Perez. In other words you have negotiated it.
Mr. Gary: No, this is another.... different project.
Mayor Ferre: Oh.
Mr. Dawkins; That's the one across the street from me that I'm
thoroughly disgusted with.
Mayor Ferre: So, Perez gets two.
Mr. Gary: Now, Perez is not responsible Commissioner Dawkins for what's
happening across in your park.
9l 104 FEB e pQA t7 �V`1
6 6
Mr. Gary: No, you are Mr. Manager.
Mayor Ferre: Now, Mr. Perez is no relation to Demetrio Perez. Let
the record reflect that there is no conflict. Is he a third, fourth
cousin?
Mr. Dawkins: I move it so that I can have a good excuse to argue.
Mayor Ferre: Alright, Dawkins moves, is there a second?
Mr. Perez: Second.
Mayor Ferre: Seconded by Perez, further discussion, call the roll.
The following resolution was introduced by Commissioner Dawkins, who moved
its adoption:
RESOLUTION NO. 84-157
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
SUPPLEMENTAL AGREEMENT #2, IN SUBSTANTIALLY THE FORM ATTACHED,
WITH ALBERT A. PEREZ ASSOCIATES, P.A., FOR PROFESSIONAL SERVICES
WITHIN THE ORIGINAL SCOPE OF SERVICES BUT UNFORESEEN AT THE
TIME OF THE ORIGINAL AGREEMENT, RELATED TO THE CHARLES HADLEY
PARK RENOVATION PROJECT WITH COMPENSATION FOR SAID ADDITIONAL
SERVICES AMOUNTING TO $19,312, USING FUNDING PREVIOUSLY
APPROPRIATED FOR THE PROJECT.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez the resolution was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
NOTE FOR THE RECORD: AGENDA ITEM 44 WAS DEFERRED BECAUSE NO ONE APPEARED.
44. APPROVE IN PRINCIPLE THE "HAITIAN NEEDS AD HOC RECOMMENDATIONS,
FOR AN AREA GENERALLY BOUNDED BY BISCAYNE BLVD, FLA. EAST COAST
RAILROAD ON THE EAST; N.W. 7 AVE. ON WEST: N.W. 36 ST. ON SOUTH
AND LITTLE RIVER CANAL/N.W. 90 ST. ON NORTH.
Mayor Ferre: Take up Item 36.
Mr. Sergio Rodriguez: Item 36 is the recommendations of the task force
on the Haitian needs, the Ad Hoc Committee group. Prior to the
consultant study made by the Behavior Science Research Institute there
was no real data as to what were the needs of the Community in this
area. Based on that study there was research that resulted in some
problems being identified. At that point in April of last year the
census report was paid both by the County and the City. The City
staff and the County staff got together and tried to follow up on those
recommendations and those problems that the study made and basically
identified thirteen areas of needs for the Haitian community. They
were inadequate child care facilities, the termination of federal funds
for interim programs, the limited family planning information in Creole.
The deterioration of the neighborhood and some of the health hazards
that went with it. A shortage of food and emergency shelter, a high
illiteracy rate in English, the unavailability of capital for business,
6 6
lack of environmental aesthetics in business districts, the under
utilization of Haitian vendors by public and private sectors, massive
unemployment, training programs that were not addressing employment
needs, a decrease in the habitable housing stock and high rental
rates for housing. After all these major problems were
identified the Committee and Task Force started working together and
basically came up with some sixty-one recommendations or requests
from the City and from the County. Most of the requests fell within
the jurisdiction of Dade County. As part of the document that you
have here before you today we have identified all those request. There
has been a recommendation to implement about twenty-one of those
requests, nineteen of them required no funding, two of them requiring
eighty thousand dollars which I already committed.
Mr. Plummer: Committed by who?
Mr. Rodriguez: By different programs that you have been approving
throughout the year.
Mr. Plummer: Oh, ok.
Mr. Rodriguez: For example the Facade Treatment Program or the Child
Care Center Program was the one. At this point I think that what the
Task Force is asking--- and you are going to have here today members
of the Haitian community, specifically, Mr. Roger Biambi iiACAD
and Mr. from Haitian Task Force. I believe what they
are trying to get through this document is some attention to the needs
that they have in the area. The fact that you recommend this area as
a high impact area or an area that has to receive a lot of attention
in future programs that you agree with the recommendation that we
make... prepare a comprehensive redevelopment plan for the area and
basically that some of the other programs that they would like to
have funded be also implemented. In the document we go through each
one of the different requests. They are grouped into these four
different categories. They are social services, economic development,
employment, vocational education and housing and if you want I can go
one by one. There are about sixty-one of them or if you have any
specific questions I could go through them.
Mr. Plummer: Sergio, let me ask what I think is a fair question.
Couldn't you in effect of the last six items that you just read,
Couldn't you apply that to Liberty City? Couldn't you apply that to
Overtown? Couldn't you apply that to each area of town?
Mr. Rodriguez: I think "yes", you probably can apply them to certain
areas of the City more... at a larger scale or a lesser scale than
this. In reality these are the recommendations that came from that
study were based on the information that we had in the study and I
think what they are trying to do at this point is get some recognition
that they have these problems over here and there will be some attention
given to them. I agree, "yes".
Mr. Plummer: Well, but what I'm saying is you have already indicated
that this Commission has addressed two of those problems in funding.
Mr. Rodriguez: Some of them, "yes".
Mr. Plummer: Well, you said eighty thousand dollars.
Mr. Rodriguez: There were eighteen already funded through different
programs that we have that doesn't require any additional funding
and nineteen. Two of them, two additional ones requires specific
funding that you have been granting already since we start on this
process, but I want to make you aware, too, is that similar requests
will be coming before you also from Edison Center, from East Little
Havana and from other areas.
Mr. Plummer: That's the point I'm getting at. Ok. That what would
stop any other group from coming.here and saying to this Commission
those same set of criteria applies to our area and we likewise want
the same consideration. What does this Commission say to those people?
gl 106
FEB 9 1984
6
Mr. Rodriguez: I would say you are going to have to make a decision
as to what areas require the most help than others and make a
determination that with limited funds there is so much that can go
to be spreaded around.
Mr. Plummer: Didn't we address that problem? Where would the
additional monies come from to supplement? It was my understanding
that we addressed primarily through federal revenue sharing, through
Community Development and through individual grants. Now, those
have already to the best of my knowelege been allocated for this
year.
Mr. Rodriguez: Right.
Mr. Plummer: Now, are we up here being asked to spin our wheels that
we don't have anymore money yet we are going to say to them you are
a high priority. Us saying you are a high priority doesn't give any
help to employment. It doesn't put any meals on the table. It doesn't
give language programs. Now, I have just got a feeling that this
kind of a report is putting me as a Commissioner in a box. May be I
shouldn't say that. The point I mean is you are doing me in. You
are asking me to come up here after we have given out all of the
money for this coming year and to say to these groups we now delegate
you as a high priority fully knowing we don't have anymore money.
What have we accomplished besides giving them false hope? Is it an
edge on next year? I don't know. How do you say to the other groups
that we are not going to make you a high priority, yes, we realize
you have problems, but I thought that this is what exactly was Dena
Spillman coming before this Commission and establishing eight...
What was the wording?
UNIDENTIFIED SPEAKER: Target areas.
DIr. Plummer: Now, are what you are saying to me you want to establish
them as the ninth? Is that what you are trying to accomplish,
because... I don't want to repeat myself, but for me to say to them
"ok, fine, you are a high priority" and they go away thanking they
have got something. I don't think they have got anything.
Mr. Rodriguez: If I may address that. I think that by doing that
you will first direct the staff from the Planning Department to
prepare a redevelopment plan for the area that would take into account
some of the concerns that I expressed over here into a more specific
action plan that will guide you in your deliberations when you get
into the tenth year Community Development Program or any other funding
that might become available which we are not predicting any new now,
but I don't know or any other programs that might be available may be
through Dade County. We are looking for a tool that will help put
all these things together and at the same time I believe that we have
a responsbility in reacting to a consultant report that was directed
by you all to be done to analyze the situation in the area.
Mr. Plummer: Sergio, let me tell you something, I didn't need a
consultant to tell me that in Little Haiti, that there was a need for
jobs. I didn't need a consultant to tell me that there was a need
for housing and food. I didn't need a consultant to tell me there
was a language problem. I knew that. These people here are down here
telling me that monthly, but I'm being told that by Coconut Grove
with the exception of the language problem. I'm being told that in
Liberty City. We go and we went in the Martin Luther King Parade and
I want to tell you, what did we hear on 62nd Street "Mr. Gary, we want
jobs". I don't need a consultant to tell me that. And I say...
Mayor Ferre: How about Booz Allen?
Mr. Plummer: No, no, I can't afford Hooz Allen. You know, all I'm
saying to you is I'm not going to let you paint me into a corner to
allow these people to go away from here with a false premise that
says "We have made you a high priority" because that ain't what they
want. You can't eat high priorities, you can't stay dry under a high
priority and it isn't going to give you a job. Now, I'm telling you
I'm making the record very clear that I'm not going to be painted into
gl 107 FED
9 1984
a corner to give these people false hope, because at this time if you
dont' have the money it's false hope, the same thing I said about
Park/West, that they were giving false hope without giving money and
that's when the agreement came about to put an additional ten million
dollars in the bond issue. Now, if the public say "no" then this
does not give the false hope.
Mr. Dawkins: To piggy back on what Commissioner Plummer has said
we have another group coming up right behind this one, the Edison
Little River group. Where is the money?
Mr. Gary: If I may,...
Mayor Ferre: Mr. Manager.
Mr. Gary: Are you finished Commissioner Dawkins?
Mr. Dawkins: No, but I can wait for you, sir.
Mr. Gary: No, I can wait for you first.
Mr. Dawkins: But as J. L. said we are going to have to be told Mr.
Gary, something. Either you are going to make thirteen target areas
with CD funds or you are not or are we going to use UDAG money or we
are not, but we have to be given some directions up here about where
the money might come from.
Mr. Gary: Well, first of all, I agree with Commissioner Plummer,
yes we know people need jobs, but I think you need to determine the
extent to which people need jobs and I think you need to develop an
action plan. Now, that may not be a good example, but I could tell
you a good example in terms of the Edison Little River area--- I'm
sorry--- the Martin Luther King area. One of the problems they
identified was parking. Now, we don't have all the money to do what
they want, but we have worked out an arrangement with the off -Street
Parking Authority to accomplish it. So, this identified the problems
and the goals as we receive money we will address those problems.
That's the only thing we are saying. We want you to understand what
the problems are. We want you to understand what the solutions and
to say that these are goals as money comes along, that we will work
to solve those problems.
Mr. Dawkins: Alright, Mr. Gary, it's a circle. Ok. Jobs produce
food and along with the food comes shelter and jobs will provide food,
shelters and health care. See, so now let's don't just address... See
what you are saying I hear you, but I'm saying that we have to address
all of them. See, I just cannot give him... if I give him a job he
can address the rest of them. And so, what you are saying is that if
you give him a job he will find some housing, but I don't know,
Mr. Gary: Yes, but I can start at different points of that circle
also.
Mr. Dawkins: No, no, no.
Mr. Gary: If I may.
Mr. Dawkins: No, no, no.
Mr. Gary: If I may.
Mr. Dawkins: No, no, no, you can't start another part of the circle.
See because if he don't have no food he can't go to work. He can't go
to work he can't buy no food.
Mr. Gary: Did I talk when .you were talking.
Mr. Dawkins: Ok, go ahead, I'm.so'rry. I beg your pardon. Go ahead
Howard. Go ahead Howard, I'm sorry.
Mr. Gary: Let me give an example. There are some businesses along
7th Avenue and 62nd Street. They have already gotten the capital to
too
gl FEB 9 1984
6 0
set up the business. They have got people employed. One of the
problems they have is giving access to the public to their business.
Therefore, they need parking. Ok. The same thing happens Downtown,
they have the same kind of problem. What they are saying is don't
let us lose what we have already accomplished where we will start at
the beginning of the circle where we have got to get capital and get
jobs, that kind of stuff. There are somethings that are already done
that need to be improved upon and parking is one example. In order
for Pantry Pride to be successful, which the cycle has already started---
Ok, I understand your philosophy on that--- but they need the parking
in that area. So, there are different area... I mean, different
intervals for which you can get into the circle that you have to
address and that's what we are saying. There are a lot of Haitian
businesses that need facade treatment to attract people to that
area. So, I'm saying you know, we don't have the job money, but let
us try to do as much as we can in the circle where we can. We are
not going to tell them that we are going to give them a hundred
thousand dollars to... ten million dollars to get jobs for people,
but we are going to do what we can do, just like we did in Black
Grove with the facade treatment, like what was done in White Grove.
They want the same kind of thing and some of those things we can do
and we are saying let us do those things and we are telling them
certain we are not promising you everything on this list because we
can't do it. We can't promise you jobs, because we don't have the
money. The federal government has cut the money. We can't give you
a facade treatment. We can do some street improvements. We can do
some storm drainage improvements in front of your store. The same
thing we did on 20th Street and 17th Avenue with the Latin merchants
in that area. We gave them some money to do the traffic study.
Mr. Dawkins: That's not the same thing you did with the Garment
District no but go ahead I will listen to you.
Mr. Gary: Yes, well, I wasn't Manager then either. 20th Street area
we did something for them. We weren't able to do everything, but we
can do certain things.
Mr. Dawkins: Ok, well, all I hear you saying Mr. Gary that staff and
the task force understands that there has to be priorities and as
the money become available these priorities will be attached.
Mr. Gary: That's right. And we are doing within existing resources.
East Little Havana area we are utilizing existing police officers to
put on some additional security in the area. So, no we are not
saying go add more money were we don't have it. Can I suggest that...
Mayor Ferre: Yes, sir, go ahead.
Mr. Gary: I would recommend that the City Commission approves this
in concept with the understanding that we will accomplish... that
these are goals and we will accomplish them as monies becomes available.
Mayor Ferre: Alright.'
Mr. Serge Augustin: My name is Serge Augustin. I am Executive
Director of the Haitian Task Force, not the same task force as Haitian
Task Force, Inc. We want to congratulate first of all the Department
of Planning for a superb job. I think they have been working on this
for the past five or six months. They have taken care to get in
touch with a number of organizations in the community and they have
brought together a number of people and groups that have provided
services in the past. And I think as Sergio has pointed out all we
are hoping to get out of this is an acknowledgement of the fact that
there is a very new community in Miami, one that is barely three or
four years old that lacks the kind of institutional framework with
which to... that guarantees that they got the resources or access to
the resources that even provide the minimum and also that hopes that
the future would be one that we can rationally design and implement
and I would simply like to support the Manager's request and
recommendation that the City Planning Department be permitted to work
in the Haitian community and to make sure that those scarce resources
that do make there way up there are used in the best interest of the
g1 '109 FEB
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84
largest number of people. Thank you.
Mr. Plummer: Well, the only other question... you know, I understand
what they are saying and I understand their needs, but how as a
Commission who tries to be fair do we designate one group without
having a public hearing and allowing the other groups to come forward.
Now, this group this year they didn't get all they wanted out of
social services money or of FRS. They got monies. I'm sure that
Community Development addressed their area, may be not as much, but
I just... you know, I have to wonder, I have to wonder where does this
Commission use an even handed equitable form of distribution. I'm
sure that if we sit up here tonight and we say to this group, the
Haitian community, we are making you a priority tomorrow morning there
is going to be an urgent rush on City Hall by Allapattah, by Black
Grove and by all the rest saying wait a minute, we didn't know that
was coming about and we feel that we are just as high priority as they
are, and then where is this Commission. Because in the first place
we didn't have the money to back up the first priority.
Mr. Gary: Well, I would like to respond to that. You started it with
East Little Havana and what we are saying is you can't stop it. I
think East Little Havana needs to be given some attention. I think
Allapattah needs to be given some attention and I think what we need
to do is stop taking a scattered gun approach to solving a problem and
concentrate our resources in the area so you can see the impact as
opposed to scattering it out where you really don't see the impact.
Mr. Plummer: I don't disagree with that.
Mr. Gary: Now, if I might. For example in the Flagami area with the
storm sewers. We have concentrated our effort, therefore, the impact
is going to be greater than the hodge podge approach we have been
taking. I think we need to do the same thing in East Little Havana.
We need to do the same thing in Edison and the same thing in the
Haitian community and they have identified their needs. That's
participatory government. They have identified their needs. So,
therefore, when we start allocating resources the Public Works Department,
CD area, we can say let's concentrate base on the plan or the goals
that have been established. We are not telling them that we can do
everything Commissioner Plummer.
Mr. Plummer: Hey, look, I will vote with the motion, but I want to
say to Haitian community you have won a motion, but I really don't
think you have won anything in substance.
Mayor Ferre: That's a big step. I will tell you what, you know, it's
like that guy said when he hit the moon. It may be a little step, but
it's a big step for humanity. This may be a little step, but it's a
step. Ok. It may not be a big step, but it's a step. This is the
first time anybody in this town has done this. It's long over due.
It's been done properly. A magnificent job quoting you has been done
of talking to the community and strategizing. It's the first time it's
been done and I think it's a very important first step. I want to
tell you I'm very proud of what you have done and I think this is
something that... with all due respects and I do not mean to be critical
of Metropolitan Dade County, which is the umbrella government. This is
the big father of this community and it took us to come and do something
like this. United Way, the Catholic Church Charities and a lot of
other people should have done this a long time ago, but now it's done.
And here we are, it's a small step, but it's a good step and I'm all
for it. Are we ready to vote on it?
Mr. Plummer: I move 36.
Mr. Dawkins: Second.
Mayor Ferre: Further discussion? This is a resolution approving in
principle, right?
Mr. Gary: Yes, sir.
Mayor Ferre: Further discussion, call the roll.
g1 110
FEB 91984
0
,90
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 84-158
A RESOLUTION APPROVING, IN PRINCIPLE, THE "HAITIAN NEEDS:
AD HOC COMMITTEE RECOMMENDATIONS", DATED OCTOBER, 1983,
FOR AN AREA GENERALLY BOUNDED BY BISCAYNE BOULEVARD/FLORIDA
EAST COAST RAILROAD RIGHT-OF-WAY ON THE EAST; NW 7TH AVENUE
ON THE WEST; NW 36TH STREET ON THE SOUTH, AND THE LITTLE
RIVER CANAL/NW 90TH STREET ON THE NORTH, A COPY OF WHICH
IS ATTACHED HERETO AND MADE A PART HEREOF, AND DIRECTING
THE CITY MANAGER TO PROCEED TO IMPLEMENT FUNDED PROJECTS
AND IDENTIFY FUNDING FOR UNFUNDED PROJECTS.
(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 Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: vice -Mayor Demetrio Perez, Jr.
45. APPROVE IN PRINCIPLE EDISON CENTER BUSINESS DISTRICT -ECONOMIC
DEVELOPMENT STRATEGIES IN SUBSTANTIALLY FORM PRESENTED (AREA
GENERALLY BOUNDED BY INTERSTATE-95 ON EAST, N.W. 10 AVE. ON
WEST; N.W. 74 ST. ON NORTH AND NW 58 ST. ON SOUTH; ETC.
Mayor Ferre: Is there anybody here on 37? Raise your hands. Alright,
take up Item 37.
Mr. Plummer: It's identical correct?
Mr. Rodriguez: Basically.
Mr. Plummer: So, we just split the priorities.
Mr. Rodriguez: No, they are both high priority.
Mr. Plummer: I will move it.
Mayor Ferre: Plummer moves.
Mr. Plummer: The same notations as before.
Mayor Ferre: Plummer moves it, is there second on 37?
Mr. Dawkins: Second.
Mayor Ferre: Dawkins seconds, further discussion, call the roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 84-159
A RESOLUTION APPROVING, IN PRINCIPLE, THE EDISON CENTER
BUSINESS DISTRICT: ECONOMIC DEVELOPMENT STRATEGIES, IN
SUBSTANTIALLY THE FORM ATTACHED, FOR AN AREA GENERALLY
i�
FEB 91984
BOUNDED BY INTERSTATE-95 ON THE EAST, N.W. LOTH AVENUE
ON THE WEST N.W. 64TH STREET ON THE NORTH, AND N.W. 58TH
STREET ON THE SOUTH; FURTHER DIRECTING THE CITY MANAGER TO
PROCEED WITH IMPLEMENTATION OF THE FUNDED RECOMMENDATIONS
AND TO PURSUE IDENTIFYING FUNDING SOURCES FOR THE
UNFUNDED PROJECTS AND REPORT BACK TO THE CITY COMMISSION
REGARDING HIS ACTIONS; FURTHER DIRECTING THE CITY MANAGER
TO WORK WITH THE EDISON CENTER BUSINESS DISTRICT ECONOMIC
DEVELOPMENT COMMITTEE, WHICH IS ASSIGNED THE OVERSIGHT
MONITORING FUNCTION, TO PROVIDE FOR THE EFFECTIVE
ADMINISTRATION AND IMPLEMENTATION OF THE HEREIN APPROVED
ECONOMIC DEVELOPMENT STRATEGIES.
(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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Demetrio Perez, Jr.
46. APPROVE ONE YEAR EXTENSION OF EMPLOYMENT FOR OSCAR DIAZ.,
PROPERTY SPECIALIST I, DEPARTMENT OF POLICE.
Mayor Ferre; Anybody here on 38?
Mr. Carollo: I will move 38.
Mr. Dawkins: I second.
Mayor Ferre: Alright, there has been a motion and a second on 38,
further discussion, call the roll.
The following resolution was introduced by Commissioner Carollo, who moved
its adoption:
RESOLUTION NO. 84- 160
A RESOLUTION APPROVING A ONE (1) YEAR EXTENSION OF EMPLOYMENT
PAST THE AGE OF 73 FOR OSCAR DIAZ, PROPERTY SPECIALIST I,
DEPARTMENT OF POLICE, EFFECTIVE FEBRUARY 1, 1984, THROUGH
JANUARY 31, 1985, WITH THE PROVISION THAT IN THE EVENT OF A
ROLLBACK OR LAYOFF, OSCAR DIAZ RATHER THAN A JUNIOR EMPLOYEE
WOULD BE AFFECTED.
(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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
- ABSENT: Vice -Mayor Demetrio Perez, Jr.
gl H2 FEB 91984
0 0
NOTE FOR THE RECORD: No one appeared on Item 44.
47. CONSENT AGENDA: (ITEMS 65, 67, and 79 WERE PULLED).
Mayor Ferre: "Before the vote on adopting all items included in the
Consent Agenda is taken (Items 64 - 87, with Items 65, 67 and 79 being
pulled), is there anyone present who is an objector or proponent
that wishes to speak to any item in the Consent Agenda? Hearing none,
vote on adoption of the Consent Agenda will now be taken.
The following resolutions were introduced by Commissioner Dawkins,
seconded by Commissioner Perez and passed and adopted by the following
vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
NOES: None.
47.1 ACCEPT BID: JOE REINERTSON EQUIPMENT COMPANY - LYNWOOD SANITARY
SEWER IMPROVEMENT DISTRICT SR-5487- C&S.
RESOLUTION NO. 84-161
A RESOLUTION ACCEPTING THE BID OF
JOE REINERTSON EQUIPMENT COMPANY IN
THE PROPOSED AMOUNT OF $8149635.75
BIDS "E" $ "F" , AND ADDITIVE BIDS
"E"I "F" OF THE PROPOSAL, FOR
LYNWOOD SANITARY SEWER IMPROVEMENT
IN LYNWOOD SANITARY SEWER
IMPROVEMENT DISTRICT SR-5487-CAS
(CENTERLINE AND SIDELINE SEWERS);
WITH MONIES THEREFOR ALLOCATED FROM
THE "LYNWOOD SANITARY SEWER
IMPROVEMENT" ACCOUNT IN THE AMOUNT
OF $814.635.75 TO COVER THE
CONTRACT COST; ALLOCATING FROM SAID
FUND THE AMOUNT OF $114,049.00 TO
COVER THE COST OF PROJECT EXPENSE;
ALLOCATING FROM SAID FUND THE
AMOUNT OF $169292.25 TO COVER THE
COST OF SUCH ITEMS AS ADVERTISING9
TESTING LABORATORIES, AND POSTAGE;
AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH SAID FIRM
47.2 GRANTING DADE COUNTY A QUIT -CLAIM DEED FOR HIGHWAY PURPOSES
BETWEEN N.W. 2ND AVENUE AND N.W. 3RD AVENUE.
RESOLUTION NO. 84-162
A RESOLUTION APPROVING THE CONVEYANCE TO DADE
COUNTY BY QUIT -CLAIM DEED OF CERTAIN
CITY -OWNED PROPERTY LOCATED BETWEEN NORTHWEST
2ND AVENUE AND NORTHWEST 3RD AVENUE, BEING A
PORTION OF LOT 10 IN BLOCK 95N AND PORTIONS
OF LOTS 11 THROUGH 201 INCLUSIVE, IN BLOCK
SON OF A.L.KNOWLTON MAP OF MIAMI (8-41), TO
BE USED FOR HIGHWAY PURPOSES, SUBJECT TO
CERTAIN CONDITIONS, AND AUTHORIZING AND
DIRECTING THE CITY MANAGER AND CITY CLERK TO
EXECUTE AND DELIVER TO DADE COUNTY A
QUIT -CLAIM DEED FOR SAID PROPERTY.
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FEB 91984
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47.3 AUTHORIZE CITY OF MIAMI TO ACCEPT TEN DEEDS OF DEDICATION FOR
HIGHWAY PURPOSES.
RESOLUTION NO. 84-163
A RESOLUTION AUTHORIZING THE PROPER OFFICIALS
OF THE CITY OF MIAMI TO ACCEPT TEN DEEDS OF
DEDICATION FOR HIGHWAY PURPOSES AND APPROVING
THE RECORDING OF SAID DEEDS IN THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA.
47.4 ACCEPT BID: CALLIES ELECTRIC, INC. - FIRE STATION NO. 1 -
EMERGENCY GENERATOR.
RESOLUTION NO. 84-164
A RESOLUTION ACCEPTING THE BID OF CALLIES
ELECTRIC, INC. IN THE PROPOSED AMOUNT OF
$21,750, BASE BID OF THE PROPOSAL, FOR FIRE
STATION NO. 1 - alERGENCY GENERATOR; WITH
MONIES THEREFOR ALLOCATED FROM THE
"RENOVATION OF FIRE STATIONS 4.11, #2, #5 AND
#8" ACCOUNT IN THE AMOUNT OF $21,750 TO COVER
THE CONTRACT COST; ALLOCATING FROM SAID FUND
THE AMOUNT OF $2,820 TO COVER THE COST OF
PROJECT EXPENSE; ALLOCATING FROM SAID FUND
THE AMOUNT OF $430 TO COVER THE COST OF SUCH
ITEMS AS ADVERTISING, TESTING LABORATORIES,
AND POSTAGE; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM
47.5 RATIFYING, APPROVING, AND CONFIRMING THE ACTION OF THE CITY
MANAGER IN AUTHORIZING AN ALLOCATION OF $5355.00 TO COCONUT
GROVE CARES, INC.
NOTE: THIS ITEM WAS PREVIOUSLY PASSED
AS RESOLUTION NO. 84-153.
RESOLUTIONi NO. 84-165 WAS NEVER
ASSIGNED.
47.6 AUTHORIZING AND DIRECTING CITY MANAGER TO ALLOCATE AN AMOUNT
NOT TO EXCEED $250,000 IN CONNECTION WITH THE SPONSORING OF
CITY FESTIVALS AND/OR EVENTS.
RESOLUTION NO. 84-166
A RESOLUTION ACCEPTING AND APPROVING THE
FUNDING RECOMMENDATIONS SUBMITTED BY THE
CHAIRMAN OF THE CITY'S FESTIVAL ADVISORY
COMMITTEE IN CONNECTION WITH THE CITY'S
SPONSORSHIP OF CERTAIN FESTIVALS AND
EVENTS; FURTHER CONDITIONALLY ALLOCATING
FUNDS IN AN AMOUNT NOT TO EXCEED $2509000
FROM THE GENERAL FUND, SPECIAL PROGRAMS
AND ACCOUNTS9 IN SUPPORT OF SAID
FESTIVALS AND EVENTS.
gl .
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14 FEB 91984
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47.7 RATIFYING, APPROVING AND CONFIRMING ALLOCATION OF AN AMOUNT
NOT TO EXCEED $10,000 TO THE MIAMI GRAlND PRIX FOLKLORE FESTIVAL
TO BE HELD FEBRUARY 19, 1984.
RESOLUTION NO. 64-167
A RESOLUTION ALLOCATING AN AMOUNT NOT TO
EXCEED $10, 000 FROM SPECIAL PROGRAMS AND
ACCOUNTS, QUALITY OF LIFE FUND, IN
SUPPORT OF THE MIAMI GRAND PRIX FOLKLORE
FESTIVAL TO BE HELD FEBRUARY 199 19649
WITH PROCEEDS OF SAID FESTIVAL BEING
DISTRIBUTED TO: (A) THE SWITCHBOARD OF
MIAMI; (8) THE LITTLE HAVANA NUTRITIONAL
CENTER: AND (C) THE URBAN LEAGUE; SAID
ALLOCATION IS CONDITIONED UPON FULL
COMPLIANCE WITH ADMINISTRATIVE POLICY
MANUAL 1-84, DATED JANUARY 24, 1984.
47.8 RESOLUTION SUPPORTING 6TH ANNUAL COCONUT GROVE BEDS RACE, WHICH
IS TO BE HELD MAY 20, 1984.
RESOLUTION NO. 84-168
A RESOLUTION SUPPORTING THE 6TH ANNUAL
COCONUT GROVE BED RACE, WHICH IS TO BE
HELD MAY 209 19849 CO -SPONSORED BY THE
MUSCULAR DYSTROPHY ASSOCIATION (M.D.A.)
AND THE CITY OF MIAMI, CLOSING CERTAIN
STREETS TO VEHICULAR TRAFFIC ON THAT DATE
DURING SPECIFIC HOURS AND ESTABLISHING A
PEDESTRIAN MALL, SAID STREET CLOSING
SUBJECT TO ISSUANCE OF PERMITS BY THE
POLICE DEPARTMENT AND THE FIRE, RESCUE
AND INSPECTION SERVICES DEPARTMENT;
FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE, SUBJECT TO THE CITY ATTORNEY'S
APPROVAL AS TO FORM AND CORRECTNESS, A
ONE DAY CONCESSION AGREEMENT WITH THE
M.D.A. AND ANY NECESSARY SUPPORT
AGREEMENTS WHICH SHALL SET FORTH THE
CONDITIONS UNDER WHICH THE CITY IS TO
PROVIDE SERVICE ASSISTANCE.
47.9 AUTHORIZE CITY MANGER TO EXPEND $41,389.65 TO REIMBURSE THE
SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM (SFETC) FOR
1974-77 CETA AUDIT DISALLOWANCES.
gl
RESOLUTION NO. 84-169
A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE
CITY OF MIAMI TO EXPEND $41,389.65 FROM SPECIAL
PROGRAMS AND ACCOUNTS/CONTINGENT FUND TO REIMBURSE
THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM
(SFETC) FOR 1974-77 CETA AUDIT DISALLOWANCES; AND
FURTHER AUTHORIZING THE CITY MANAGER TO REFUND THE
6FETC, FROM AVAILABLE FUNDS IN CETA ACCOUNTS, IN THE
AMOUNTS OF $333,002 AND $63,552 FOR OVER REIMSURSEME
MADE TO Tim CITY BY THE SFETC.
H5 FEB 91984
0 0
47.10 AUTHORIZE FINANCE DIRECTOR TO PAY TO SECUNDINA TEMBRAS THE SUM
OF $12,000.00 AND TO DAISY GINORIS THE SUM OF $30,000.00 AND TO
FLORENTINE PEREZ THE SUM OF $10,000.00.
RESOLUTION NO. 84-170
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO SECUNDINA TEMBRAS THE
SUM OF TWELVE THOUSAND DOLLARS ($12,000.00);
AND TO DAISY GINORIS THE SUM OF THIRTY
THOUSAND DOLLARS ($30,000.00); AND TO
FLORENTINA PEREZ THE SUM OF TEN THOUSAND
DOLLARS ($10,000.00); WITHOUT THE ADMISSION
OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT
OF ALL BODILY INJURY, PERSONAL INJURY PROTEC-
TIONS LIENS, WORKER'S COMPENSATION LIENS,
CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI,
AND UPON EXECUTION OF A RELEASE BY EACH AFORE-
MENTIONED PARTY RELEASING THE CITY OF MIAMI
FROM ALL CLAIMS AND DEMANDS.
47.11 AUTHORIZE FINANCE DIRECTOR TO PAY TO MARIA J. FERNANDEZ, THE
SUM OF $25,000.
RESOLUTION NO. 84-171
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO MARIA J. FERNANDEZ# THE SUM
OF TWENTY-FIVE THOUSAND DOLLARS (S25,000)
WITHOUT THE ADMISSION OF LIABILITY, IN FULL
AND COMPLETE SETTLEMENT OF ALL BODILY INJURY,
PERSONAL INJURY PROTECTION LIENS, WORKER'S
COMPENSATION LIENS, CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI AND UPON EXECUTION
OF A RELEASE RELEASING THE CITY OF MIAMI FROM
ALL CLAIMS AND DEMANDS.
47.12 ACCEPT BID: JULES BROTHERS UNIFORMS, INC. - UNIFORMS.
RESOLUTION NO. 84-172
A RESOLUTION ACCEPTING THE BID OF JULES
BROTHERS UNIFORMS, INC. FOR FURNISHING
UNIFORMS ON A CONTRACT BASIS FOR ONE YEAR
(RENEWABLE FOR FOUR ADDITIONAL YEARS) TO
THE DEPARTMENT OF FIRE, RESCUE AND
INSPECTION SERVICES AT A TOTAL PROPOSED
FIRST YEAR COST OF $65,436.70; ALLOCATING
FUNDS THEREFOR FROM THE 1983-84 OPERATING
BUDGET OF THE DEPARTMENT OF FIRE, RESCUE
AND INSPECTION SERVICES; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE PURCHASING
AGENT TO ISSUE PURCHASE ORDERS FOR THESE
MATERIALS.
47.13 ACCEPT BID: LI7TON OFFICE PRODUCTS AND THOMAS W. RUFF AND COMPANY -
OFFICE FURNITURE AND MODULAR WORK STATIONS.
RESOLUTION NO. 84-173
A RESOLUTION ACCEPTING THE BIDS OF LITTON
OFFICE PRODUCTS AT A COST OF $5,990.20
AND THOMAS W. RUFF AND COMPANY AT A COST OF
$838.75 FOR FURNISHING OFFICE FURNITURE AND
MODULAR WORKSTATIONS TO THE DEPARTMENT OF
PUBLIC WORKS AT A TOTAL COST OF W828.95;
ALLOCATING FUNDS THEREFOR FROM THE 1983-84
OPERATING BUDGET OF THAT DEPARTMENT; AUTHOR-
IZING THE CITY MANAGER TO INSTRUCT THE
PURCHASING AGENT TO ISSUE PURCHASE ORDERS
FOR THIS EQUIPMENT.
g1 116 FEB 91984
47.14 ACCEPT BID: A.M. INTERNATIONAL, INC. - ONE (1) PHOTOTYPESETTER &
PROCESSOR SYSTEM.
RESOLUTION NO. 84-174
A RESOLUTION ACCEPTING THE BID OF A.M.
INTERNATIONAL,INC. FOR FURNISHING ONE
PHOTOTYPESETTER AND PROCESSOR SYSTEM
TO THE DEPARTMENT OF BUILDING AND VEHICLE
MAINTENANCE -PRINT SHOP AT A TOTAL COST OF
$19#995.00; ALLOCATING FUNDS THEREFOR FROM
THE 1983-84 OPERATING BUDGET OF THAT
DEPARTMENT; AUTHORIZING THE CITY MANAGER
TO INSTRUCT THE PURCHASING AGENT TO ISSUE
A PURCHASE ORDER FOR THIS EQUIPMENT.
47.15 ACCEPT BID: RADIATOR KING, INC. AND A & A GLASS AND MIRROR -
AUTOMOTIVE RADIATOR AND GLASSES REPAIR SERVICES.
RESOLUTION NO. 84-175
A RESOLUTION ACCEPTING THE BIDS OF RADIATOR
KING, INC. FOR FURNISHING RADIATOR REPAIRS
AND RECORES AT A PROPOSED COST OF $20,200.00,
AND A 6 A GLASS AND MIRROR FOR FURNISHING
AUTOMOTIVE GLASS AND INSTALLATION AT A PRO-
POSED COST OF $14,400.00 ON A CONTRACT BASIS
FOR ONE (1) YEAR TO THE DEPARTMENT OF BUILDING
AND VEHICLE MAINTENANCE AT A TOTAL PROPOSED
COST OF $34,600.00; ALLOCATING FUNDS THEREFOR
FRO14 THE 1983-84 OPERATING BUDGET OF THAT DE-
PARTMENT; AUTHORIZING THE CITY MANAGER TO INS-
TRUCT THE PURCHASING AGENT TO ISSUE PUR-
CHASE ORDERS FOR THESE SERVICES, SUBJECT TO
THE AVAILABILITY OF FUNDS.
47.16 ACCEPT BID: THOMAS W. RUFF AND COMPANY - FIVE (5) DESKS AND
22 CHAIRS FOR FIRE STATIONS.
RESOLUTION NO. 84-176
A RESOLUTION ACCEPTING THE BID OF THOMAS
W. RUFF AND COMPANY FOR FURNISHING FIVE
(5) DESKS AND TWENTY-TWO (22) CHAIRS TO
THE DEPARTMENT OF FIRE, RESCUE AND
INSPECTION SERVICES AT A TOTAL COST OF
$8,527.73; ALLOCATING FUNDS THEREFOR FROM
THE 1981 FIREFIGHTING, FIRE PREVENTION
AND RESCUE FACILITIES BOND FUND; AUTHOR-
IZING THE CITY MANAGER TO INSTRUCT THE
PURCHASING AGENT TO ISSUE A PURCHASE ORDER
FOR THIS EQUIPMENT.
47.17 ACCEPT BID: BRUNING - BLUE PRINT REPRODUCTION PAPER.
gl
RESOLUTION NO. 84-177
A RESOLUTION ACCEPTING THE BID OF
BRUNING, DIVISION OF AM INTERNATIONAL,
INC., FOR FURNISHING BLUEPRINT REPRODUCTION
PAPER SUPPLIES ON A CONTRACT BASIS FOR ONE
(1) YEAR TO THE DEPARTMENT OF PUBLIC WORKS AT
A TOTAL PROPOSED COST OF $5,7001 ALLOCATING
FONDS THEREFOR FROM THE 1983-84 OPERATING
BUDGET OF THAT DEPARTMENT; AUTHORIZING THE
PURCHASE AGENT TO ISSUE PURCHASE ORDERS FOR
THESE MATERIALS, SUBJECT TO THE AVAILABILITY
OF FUNDS.*
117 FEB 91984
Lj
47.18 AUTHORIZE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES
CONTRACT WITH MORTY FREEDMAN AND ASSOCIATES, INC., TO
COORDINATE THE "1984 INTERNATIONAL FESTIVAL".
RESOLUTION NO. 84-178
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT, IN SUBSTANTIALLY THE FORM
ATTACHED, WITH MORTY FREEDMAN AND
ASSOCIATES, INC., EFFECTIVE JANUARY 19,
1984 AND TERMINATING AUGUST 1. 1984. TO
COORDINATE THE "1984 INTERNATIONAL
FESTIVAL" TO BE HELD JUNE 89 9. AND 10.
1984 WITH FUNDS THEREFOR IN AN AMOUNT
NOT TO EXCEED $139947.67 ALLOCATED FROM
SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT
FUND, SUBJECT TO THE AVAILABILITY OF
FUNDS.
47.19 AUTHORIZE ALLOCATION NOT TO EXCEED $34,000 IN CONNECTION WITH
THE INTERNATIONAL FESTIVAL.
RESOLUTION NO. 84-179
A RESOLUTION ALLOCATING A SUM NOT TO
EXCEED $349000 FROM SPECIAL PROGRAMS AND
ACCOUNTS, QUALITY OF LIFE FUND, IN
CONNECTION WITH THE CITY'S SPONSORSHIP OF
THE 1984 INTERNATIONAL FESTIVAL TO BE
HELD DURING THE MONTH OF MAY, 1984; SAID
ALLOCATION CONDITIONED UPON COMPLIANCE
WITH ADMINISTRATIVE PROCEDURE MANUAL
1-84, DATED JANUARY 24. 1984.
47.20 WAIVING RENTAL FEE OF BAYFRONT PARK AUDITORIUM ON MARCH 3, 1984,
1:30 P.M. TO 5:00 P.M., FOR THE AFL-CIO NATIONAL CONFERENCE.
RESOLUTION NO. 84-180
A RESOLUTION WAIVING THE RENTAL FEE OF
BAYFRONT PARK AUDITORIUM ON
MARCH 3, 19849 FROM 1:30 P.M. TO 5:00
P.M.. FOR THE AFL-CIO NATIONAL CONFERENCE
WITH FUNDS THEREFOR ALLOCATED FROM
SPECIAL PROGRAMS AND ACCOUNTS, QUALITY OF
LIFE PROGRAM.
47.21 AUTHORIZE CITY MANAGER TO ALLLOCATE AN AMOUNT NOT TO EXCEED
$5,500 TO COVER THE COST OF IN -KIND SERVICES FOR POLICE AND
SANITATION IN CONNECTION WITH THE PARADE HELD ON JANUARY 12,
1984, IN CELEBRATION OF THE MIAMI HURRICANES VICTORY AT THE
ORANGE BOWL.
gl
RESOLUTION NO. 84-181
A RESOLUTION ALLOCATING AN AMOUNT NOT TO
EXCEED 55,500 FROM THE 1983-84 OPERATING
BUDGET AS FOLLOWS: $29967 FROM THE
POLICE DEPARTMENT AND $2.510 FROM THE
SOLID WASTE DEPARTMENT; TO COVER THE COST
OF IN -KIND SERVICES FOR POLICE AND
SANITATION SUPPORT IN CONNECTION WITH THE
PARADE HELD ON JANUARY 12, 19649 IN
CELEBRATION OF THE MIAMI HURRICANES
VICTORY'AT. THE ORANGE BOWL.
U8
FEB 91984
p
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48. AUTHORIZE CITY MANAGER TO REDUCE 10 PERCENT RETAINAGE ON
THE AUBURN SANITARY SEWER IMPROVEMENT PROJECT TO 2.5 PERCENT.
Mayor Ferre: Now, take up Item 65 separately.
Mr. Dawkins: Why is it necessary to reduce the 10 percent retainage
to 2.5 percent?
Mayor Ferre: Because the job is almost finished. Don.
Mr. Gary: This matter was because the firm went...
Mr. Plummer: What item is this?
Mr. Gary: 65.
Mayor Ferre: We move the Consent Agenda except for three Items 65, 67
and 79.
Mr. Cather: On Item 65, did you wish to hear about that?
Mayor Ferre: Yes.
Mr. Cather: We are requesting that that reduction of retainage be
reduced to two and a half percent...
Mayor Ferre: We can read that.
Mr. Cather: ... on the Auburn Sanitary Sewer Project because Martin
Chaney has gone bankrupted. There is about sixty-five thousand dollars
worth of work to be completed by the surety U.S. Fidelity and Guarantee.
We have been working for months to work a deal out so that they would
finish this sixty-five thousand dollars worth of work if we agreed to
reduce the retainage and pay them the remaining balance due to Martin
Chaney because of the fact that there are several claims against the
bankrupted company. This will permit us to do, number one, get the
work completed by the surety company and finish off the work and get
the public satisfied that this work has been done.
Mr. Dawkins: And 2.5 percent is sufficient that if we run into another
problem where the work was not done there will be enough money to
complete the job?
Mr. Cather: Yes, the surety company will still be liable for any
problems in the future guaranteed one year.
Mr. Dawkins: Thank you. Move 65.
Mayor Ferre: Alright, there is a motion on 65, is there a second?
Mr. Carollo: Second.
Mayor Ferre: There is a second, further discussion, call the roll on
65.
The following resolution was introduced by Commissioner Dawkins, who moved
its adoption:
RESOLUTION N0. 84-182
A RESOLUTION AUTHORIZING THE CITY MANAGER TO REDUCE THE 10%
RETAINAGE ON THE AUBURN SANITARY SEWER IMPROVEMENT PROJECT
TO 2.5%.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
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FEB 91984
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0
Upon being seconded by Commissioner Carollo the resolution was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
---------------------------------------------------------------------
49. ACCEPT BID: DIETCRAFT, INC. FOR DAY CARE & PRE-SCHOOL PROGRAMS.
---------------------------------------------------------------------
Mayor Ferre: Take up 79.
Mr. Dawkins: No, I just asked for the bids. I didn't pull it.
Mayor Ferre: You did pull it, it's pulled.
Mr. Dawkins: Ok, send me the bids, that's all. Move it.
Mayor Ferre: Alright, Dawkins moves Item 79, is there a second.
Mr. Perez: Second.
Mayor Ferre: Seconded by Perez, further discussion, call the roll on
79.
The following resolution was introduced by Commissioner Dawkins, who moved
its adoption:
RESOLUTION NO. 84-183
A RESOLUTION ACCEPTING THE BID OF DIETCRAFT, INC. FOR
FURNISHING DAY CARE AND PRE-SCHOOL FOOD PROGRAMS ON A CONTRACT
BASIS FOR ONE (1) YEAR TO THE DEPARTMENT OF PARKS AND
RECREATION AT A TOTAL PROPOSED COST OF $83,794.40; ALLOCATING
FUNDS THEREFOR FROM A GRANT FROM THE U.S. DEPARTMENT OF
AGRICULTURE THROUGH THE STATE OF FLORIDA DEPARTMENT OF
EDUCATION; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
PURCHASING AGENT TO ISSUE PURCHASE ORDERS FOR THIS SERVICE.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez the resolution was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
gl
'1N .FEB 91964
0 0
50. ALLOCATE $157,540 TO PREVIOUSLY APPROVED SOCIAL SERVICE
AGENCIES AS AMENDED WITH INSTRUCTIONS TO CITY MANAGER
CONCERNING FUNDING FOR "OVERTOWN DAYCARE", "YOUTH CO-OP"
AND "ACTION".
Mayor Ferre: Now, we will take up 88, which I assume is what most
people are here on. Alright, Mr. Manager. We are here...
Mr. Gary: Mr. Mayor, this is the item that basically ratifies your
actions of previous meetings. In specific it addresses the items
"The Saint Albans Day Nursery", "Aspira", "Catholic Community Service",
"Belafonte Tacolcy". These were the items you did at the last City
Commission Meeting. This just ratifies that action. They voted last
meeting.
Mayor Ferre: Alright.
Mr. Reinaldo Perez: May I? Reinaldo Perez, 120 Southwest 17th Court.
Mr. Mayor and Commissioners, last month this Commission approved
twenty-five thousand for "Youth Co -Op from the Coca Cola Fund. It
appears to be that that fund have been used already.
Mayor Ferre: Well, no, no, now wait a minute. For the record let's
get this straight. I received a letter which I read into the record
and gave to the members of the Commission and to the Clerk, which told
me that the Coca Cola Company had chosen the City of Miami to be the
recipient of one of five cities for a hundred thousand dollars to be
spent in educational purposes in the Latin community and that Ms.
Fernandez from Congressman Garcia's Office and Mrs. Matty Fernandez
from New York on the Committee would be down to Miami to further
discuss: this with us. The next thing I know is they have come and
they have gone and that the money was for scholarships and it wasn't
for the City of Miami. It in specific terms it was general terms.
So the Coca Cola Company has come and spent a hundred thousand dollars
and we had nothing to do with it. Now, that was an honest
misunderstanding on our part and it's unfortunate, but you are right
in the effects that it has and that is that when Commissioner Perez
brought the matter up we said today and to Centro Mater that we would
take care of their problems with the hundred thousand coming in from
Coca Cola. There is no hundred thousand from Coca Cola. Continue.
Mr. Reinaldo Perez: I see that in 1988 three of the agencies that
were included in the Coca Cola funding are here Aspira, Centro Mater...
No, the only one left out is .•.•(inaudible).......
Mr. Perez: Yes, on that Commission meeting, Mr. Mayor, we approved in
principle, I think that was a grant. How much was it, twenty-five?
Mr. Reinaldo Perez: Twenty-five thousand.
Mr. Perez: Twenty-five for Youth Co -Op. I would like to move the motion
again in order to be included with that group in the next resolution.
I move that motion.
Mayor Ferre: Your motion is to include...(INAUDIBLE).
Mr. Plummer: Well, I want to second the motion, but I think we have
got to hear from the others. There were three as I recall. There
were three agencies involved in that grant.
(BACKGROUND COMMENT OFF -THE PUBLIC RECORD)
Mr. Plummer: Ok, so I think we have got to hear from all three. Aspira,
Youth Co -Op and Centro Mater.
Mr. Reinaldo Perez: Ok, well, I think we got to hear from them before
we make any motions.
121
91 FEB 91984
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Mayor Ferre: See what he is saying is they are already on the list.
They are not.
Mr. Plummer: Oh, ok. Alright, I'm sorry.
Mayor Ferre: Alright, go ahead, I will recognize you before because
I know what...
Ms. Alice Abreu: Thank you, Mayor. My name is Alice Abreu and I
wanted to say something related to this resolution. This morning
the subject of the continued funding for Overtown Day Cere was brought
to the attention of this Committee. I would like to request at this
time that since Overtown Day Care was the only program that wos not
included in the continuation for funding to see if it's possibl? that
it be included here in this resolution after ten years. Thi;+-y-eight
thousand four hundred seventy-three dollars and funding was stopped.
It was... I think you might want to consider it had been an oversight
since it was a program that had been continued, you know, for funding
so I just...
Mayor Ferre: I received a letter from Monsignor Bryan Walsh, which I read
into the record.
Ms. Abreu: Correct. I have copies in here if you want them.
Mayor Ferre: How much was involved?
Ms. Abreu: Thirty-eight thousand four hundred seventy-three dollars.
Mayor Ferre: You also have a request from Action which was...
Ms. Abreu: What is it, I didn't hear?
Mayor Ferre: There another object, nothing to do with you. So, you
got twenty-five here and thirty-eight there and Action who would have
been here I'm sure if they had known what was going on .
Mr. Reinaldo Perez: Action is about twenty Mr. Mayor.
Mayor Ferre: Twelve?
Mr. Reinaldo Perez: Twenty.
Mayor Ferre: Twenty. That's where we are at. Thirty-eight, Twenty-five
and...
(BACKGROUND COMMENTS OFF THE PUBLIC RECORD).
Mr. Perez: I would like to move Mr. Mayor, that we assign the twenty-
five that is requested in the Youth Co -Op, the thirty-eight that is
requested by the Catholic Group and the twenty with Action. Ok, that's
a total of eighty-three thousand. I would like move...
Mayor Ferre: In addition to the one fifty-seven.
Mr. Perez: Yes. I would like to move that motion.
Mayor Ferre: Is there a second?
Mr. Dawkins: Second and under discussion. Dena. Who else didn't
we give any money to that was on that list, so I can include them?
Ms. Spillman: If you pass this you have got everybody.
Mr. Dawkins: Ok, I will add them and who else?
Mr. Gary: You got everybody. now.
Mr. Spillman: No, there is ...
Mr. Dawkins: No, no, who else on that list? Where is you list? No,
no, no, you original list where you cut out everybody.
214
91 FEB 91984
0
0
Ms. Spillman: The only one that is cut out is Centro Cardeno
which never requested any money this year.
Mr. Dawkins: That's the only thing we are missing?
Ms. Spillman: If you pass this.
Mr. Dawkins: Ok. And everybody who you asked us not to give money
to we are giving it to them.
Ms. Spillman: Now, we have refunded everybody and added some...
(INAUDIBLE).
Mr. Dawkins: Anybody ...(INAUDIBLE).
Mr. Plummer: Let me ask the embarrassing question. Where is the
money coming from? I think it's a legitimate question. Where 9s the
money coming from.
Mr. Dawkins: Out the Police budget.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Dawkins: Dena, did the UpGrove Theatre apply to you? It didn't
apply?
Ms. Spillman: Not with...
Mayor Ferre: Call the question. Let's go. Call the roll.
The following resolution was introduced by Commissioner Perez, who moved
its adoption:
RESOLUTION NO. 84-184
A RESOLUTION ALLOCATING $241,013 FROM SPECIAL PROGRAMS AND
ACCOUNTS, CONTINGENT, FUND, TO EIGHT (8) PREVIOUSLY APPROVED
SOCIAL SERVICE AGENCIES LISTED HEREIN FOR THE PERIOD FROM
FEBRUARY 1, 1984 THROUGH SEPTEMBER 30, 1984; FURTHER
AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS WITH
THE AFOREMENTIONED AGENCIES.
(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 Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
FURTHER DISCUSSION:
Mr. Carollo: Mr. Mayor, if I can get a clarification. The motion
that we just voted upon was to'have the Manager locate the monies and
then bring it back to us again, correct?
Mayor Ferre: No, no, no,. Look, if you will look at 88...
Mr. Carollo: You know, I just want to be...
Mayor Ferre: Look at 88, Joe, alright. What we just did...
Mr. Gary: Commissioner, let this go through the process.
91 100
FEB 9 1984
... ,.
r 0
Mayor Ferre: We added eighty-three thousand dollars to 88 is what we
just did.
Mr. Carollo: Eighty-three to 88.
Mayor Ferre: No, no, if you will look at Item 88, what we have just
done is approve it and added eighty-three thousand dollars.
Mr. Carollo: To the hundred fifty-seven thousand.
Mayor Ferre: That's correct.
Mr. Carollo: To include the other three?
Mayor Ferre: That's correct. From the general fund.
Mr. Carollo: Yes, but has the Manager located where that money is
coming from besides having less car expenses in the city's budget?
Yes, I understand now where Plummer is coming from. We don't know
where it's coming from.
Mr. Plummer: He said he could find it.
(BACKGROUND COMMENTS INAUDIBLE).
------------------ ---------------------------------------------------
51. PERSONAL APPEANCE: MR. JOHN MORGAN, OF UP -GROVE THEATRE
- REFERRED TO THE CITY MANAGER.
---------------------------------------------------------------------
Mr. Odio: Mr. Mayor, on Item 46 a request that they will... that it
should bid with us, bring their proposals so that we can evaluate it
as a policy manual state and that we would come back to you in the
next City Commission meeting. However, I would like to point out that
there are no funds left in the Festival Budget to allocate for this
year and they are requesting forty thousand dollars.
Mr. Plummer: Forty?
Mr. Odio: Forty thousand.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Odio: They have not been.
Mr. Plummer: Yes, but I'm sorry. We fund Calle Ocho which addresses
seven hundred fifty thousand people for thirty-three thousand dollars.
Mayor Ferre: Yes, but J. L., let's not get into that. They have got
to go through the Manager and to the Committee and whatever it is.
The Manager is recommending... What is... tell us your recommendation
again.
Mr. Gary: The next regular meeting we will bring this back.
Mayor Ferre: Do you need a motion for this?
Mr. Gary: No.
Mayor Ferre: Is that alright with you? Thank you, very much.
---------------------------------------------------------------------
52. APPOINT THREE INDIVIDUALS TO SERVE AS MEMBERS OF THE
CITY OF MIAMI CIVIL SERVICE BOARD.
gl 1124
FEB 9 684
Mr. Plummer: Mr. Mayor, I had asked that 58 be pulled. I'm now
asking that 58 be put back on and renominate the four members, the
two elected and that we elect four.
Mayor Ferre: Alright, let's get Carollo in it. Carollo. Dawkins.
Mr. Dawkins: What Item is it?
Mr. Plummer: 58, Civil Service Board.
Mayor Ferre: These are the Civil Service Board's now.
Mr. Carollo: Did you make appointments?
Mr. Plummer: All but one, Joe.
Mayor Ferre: What he is doing is he is appointing Hadley and Silverman...
Mr. Carollo: I move.
Mayor Ferre: Alright, it's been moved and seconded, is there further
discussion, Item 58? Alright, call the roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 84-185
A RESOLUTION APPOINTING THREE MEMBERS TO THE CIVIL SERVICE
BOARD OF THE CITY OF MIAMI, FLORIDA.
(Here foL-lows 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 Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
---------------------------------------------------------------------
53. APPOINT CERTAIN INDIVIDUALS TO THE CITY OF MIAMI CODE
ENFORCEMENT BOARD.
---------------------------------------------------------------------
Mayor Ferre: Sir?
UNIDENTIFIED SPEAKER: 54, please.
Mayor Ferre: Take up Item 54. This is the appointment. Alright, Nestor
bring me the little yellow list. Commissioner Carollo, this is appointments
now, you want to be in on this. Alright, I move that Ralph Johnson and
Carlos Arboleya, Jr. who is your appointment Demetrio, I think. Oh, no
it's yours.
Mr. Carollo: Carlos Arboleya, Jr. was mine.
Mayor Ferre: I'm sorry. 'Ok. Carlos Arboleya, Jr. How many do we need
to appoint?
Mr. Perez-Lugones: We need two appointments.
Mayor Ferre: Two appointments. Ok. I would nominate Ralph Johnson and
Carlos Arboleya.
125
gl
FES 91984
Mr. Peter Padowitz: My name is Peter Padowitz. I'm Chairman of the
Code Enforcement Board.
Mayor Ferre: Well, you are already on then.
Mr. Padowitz: Yes, sir. I wanted to speak in behalf of these two
young men that have really done a very fine job on the Board sir.
Mayor Ferre: You are talking about Ralph Johnson and Carlos Arboleya.
Mr. Padowitz: Ralph was Vice -Chair last year and Carlos is Vice -Chairman
this year.
Mayor Ferre: And you are recommending that they be reappointed, is
that it?
Mr. Padowitz: Yes, sir.
Mayor Ferre: Alright, is there a motion?
Mr. Plummer: Are you waiting for a motion?
Mayor Ferre: Yes.
Mr. Plummer: I will move it.
Mayor Ferre: Is there a second?
(BACKGROUND COMMENT INAUDIBLE)
Mayor Ferre: Alright, further discussion? This is the reappointment
of Ralph Johnson and Carlos Arboleya. As I recall just for the record,
Carlos Arboleya was originally appointed by Commissioner Carollo and
I think Ralph Johnson was appointed me. Is that right? I'm pretty
certain of that. Is there further discussion, call the roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 84-186
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS
OF THE CITY'S CODE ENFORCEMENT BOARD FOR A 3 - YEAR TERM
EXPIRING FEBRUARY 10, 1987.
(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 Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
54. EMERGENCY ORDINANCE:' APPROPRIATE FOR THE BUILDING AND VEHICLE
MAINTENANCE DEPARTMENT THE AMOUNT OF $94,311.00 TO PROVIDE
SUPPLEMENTARY FUNDING FOR THE IMPLEMENTATION OF THE MOTOR
VEHICLE MAINTENANCE SYSTEM.
Mayor Ferre: Is there a motion on 15 on an emergency basis?
Mr. Plummer: Move it. no
gl FEB
91984
Mayor Ferre: Anybody have any problems? Anybody have any questions
of Eddie Cox? Now, it's been moved by Plummer, is there a second?
Mr. Perez: Second.
Mayor Ferre: Seconded by Perez, further discussion. Read the ordinance.
Mr. Plummer: Hold it. What was the amount of money you read?
Mr. Garcia -Pedrosa: Ninety-four thousand three hundred eleven.
Mr. Plummer: That's not what's in my ordinance.
Mr. Clark: Mr. Chairman, we were advised that there was forty-nine
thousand dollars that department...
Mr. Gary: It was already there.
Mr. Plummer: Excuse me, my ordinance speaks to forty-five thousand
dollars.
Mayor Ferre: No, turn the page.
Mr. Plummer: I'm reading the agenda, that which was publicized and
I don't think that we can change...
Mr. Gary: That's not what was publicized.
Mr. Plummer: Sir, here is the agenda which is the public record.
I understand that Maurice.
(BACKGROUND COMMENT INAUDIBLE).
Mr. Plummer: Sir, I'm bringing it out. The City Attorney says that
it's perfectly legal to do that. I got no problem, but I'm telling
you what the public had to read from this agenda was forty-five thousand.
Mayor Ferre: Well, what do you want to do, Mr. City Attorney?
Mr. Garica-Pedrosa: Mr. Mayor, this was not published anyway. It's
an emergency ordinance and as long as we are clear and the public
has access as it does and I want the record to be clear on that and
the Commission has the proper ordinance in front of it it would be
appropriate if you so desire to vote on this matter.
Mayor Ferre: Let the record reflect that the appropriate ordinance
is before us and copies of this ordinance are available to this
Commission and members of the public. Further discussion, call the
roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTIONS 4 AND 6
OF ORDINANCE NO. 9684 ADOPTED SEPTEMBER 29, 1983,
THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 1984, BY APPROPRIATING
FROM THE BUILDING AND VEHICLE MAINTENANCE DEPART-
MENT, HEAVY EQUIPMENT MAINTENANCE DIVISION, FY 083
RETAINED EARNINGS, AN AMOUNT OF $94,311: INCREASING
ANTICIPATED REVENUES IN THE SAME AMOUNT TO BE
APPROPRIATED INTO THE OFFICE OF THE DIRECTOR DIVISION
TO PROVIDE SUPPLEMENTARY FUNDING FOR THE IMPLEMENTATION
OF THE MOTOR VEHICLE MAINTENANCE SYSTEM; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Perez 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:
gl 127
FEB 91984
P
0
AYES: Commissioner
Commissioner
Commissioner
Mayor Maurice
Joe Carollo
Miller J. Dawkins
J. L. Plummer, Jr.
A. Ferre
NOES: None.
ABSENT: Vice -Mayor Demetrio Perez, Jr.
Whereupon the Commission on motion of Commissioner Plummer and
seconded by Commissioner Perez, adopted said Ordinance by the following
vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Vice -Mayor Demetrio Perez, Jr.
SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9795
The City Attorney read the ordinance into the public record and
announced that copies were available to members of the City Commission
and to the public.
55. EMERGENCY ORDINANCE: ESTABLISH SPECIAL REVENUE FUND -
CITY OF MIAMI CONVENTION BUREAU - EXTENDED PROMOTIONAL
ACTIVITIES.
Mayor Ferre: The next Item is Item 16. An ordinance...
Mr. Gary: Mr. Mayor, this is money that the hotel and restaurants
are giving the Convention Bureau to promote the City of Miami and
also to host meeting planners. So, it's their money that they want
us to spend.
Mayor Ferre: Plummer moves, Dawkins seconds, the acceptance of this
money. Further discussion, read the ordinance.
Mr. Dawkins: Ok, one question. Mr. Gary, you know, we do have a
group out there that's looking to bring Black groups. Can they get
some of this thirty thousand?
Mr. Gary: Well, we already gave them seventy-five thousand dollars.
Now, we can take forty-five percent of that.
Mayor Ferre: Alright, call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND
ENTITLED "CITY OF MIAMI COMVENTION BUREAU EXTENDED PROMOTIONAL
ACTIVITIES" FOR THE PURPOSE OF PROVIDING FUNDING IN THE AMOUNT
OF $30,000 TO PAY FOR ONGOING EXPENSES AND OTHER RELATED
COSTS ASSOCIATED WITH SELLING THE CITY OF MIAMI TO PROSPECTIVE
MEETING PLANNERS AS A PRESENT AND FUTURE CONVENTION SITE, WITH
REVENUES THEREFOR AVAILABLE FROM IDIVIDUAL AREA HOTELS,
RESTAURANTS, TRANSPORTATION LINES, TOURIST ATTRACTIONS, AND OTHER
RELATED BUSINESSES: 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:
FEB 91984
gl
r P
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Demetrio Perez, Jr.
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 J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Demetrio Perez, Jr.
SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9796
The City Attorney read the ordinance into the public record and
announced that copies were available to members of the City Commission
and to the public.
56. SECOND READING ORDINANCE: AMEND SEC. 39-15 OF CHAPTER 39 OF THE
CODE ENTITLED: "PEDDLERS, ITINERANT MANUFACTURERS, LOCKSMITHS AND
TOOL GRINDERS, ICE CREAM VENDORS, ETC.
---------------------------------------------------------------------
Mayor Ferre: Alright, take up Item 17. Mr. Manager, we are on 17.
Mr. Dawkins: We did that already.
Mayor Ferre: Peddlers and all that.
Mr. Garcia -Pedrosa: Yes, sir this is... no, Commissioner Plummer
asked us to put the penalties in and this only on second reading now
puts in the penalties that the Commission wanted pursuant to Commissioner
Dawkins' request.
Mayor Ferre: Plummer, you got any problems with this now? This is
your baby I guess.
Mr. Plummer: Tell us basically what it provides.
Mayor Ferre: This on second reading.
Mr. Plummer: Oh, this is the one as I recall that did not make an
arrestable offense on first...
Mayor Ferre: That's right.
Mr. Garcia -Pedrosa: And also, you may remember that the three hundred
foot limitation had been knocked out by the courts and this eliminates
that. And also, you had asked that the matter of sales tax payment
be addressed and it is also addressed.
Mr. Plummer: Ok.
Mr. Garcia -Pedrosa: All pursuant to your request.
Mr. Plummer: I move 17.
Mayor Ferre: Is there a second?
Mr. Dawkins: Second it.
gl
1030 FEB 91994
r
Mayor Ferre: Further discussion, read the ordinance. Call the roll.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING SECTION 39-15 OF CHAPTER 39,
ENTITLED "PEDDLERS, ITINERANT MANUFACTURERS,
LOCKSMITHS AND TOOL GRINDERS, ICE CREAM VENDORS",
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, BY REPEALING THE PROVISION OF SAID
SECTION WHICH PROHIBITED RETAIL PEDDLERS TO
SOLICIT BUSINESS WITHIN 300 FEET OF AN ESTABLISHED
BUSINESS SELLING SIMILAR OR LIKE GOODS; AND BY
ADDING PROVISIONS TO SAID SECTION WHICH AUTHORIZE
IMPOUNDMENT BY THE POLICE OF THE WAGON, TRUCK,
AUTO, PUSHCART OR OTHER VEHICLE BEING OPERATED BY
ANY PEDDLER UPON HIS OR HER ARREST FOR A VIOLATION
OF SAID SECTION; FURTHER PROVIDING FOR PENALTIES
IN SAID AMENDMENT; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of December
8, 1983, was taken up for its second and final reading by title and
adoption. On motion of Commissioner Plummer, seconded by Commissioner
Dawkins, 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 Joe Carollo
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Demetrio Perez, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9797
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.
57. SECOND READING ORDINANCE: AMEND SEC. 2-308 "DISCLOSURE OF PARTIES
AND INTERESTS BY PERSONS MAKING PRESENTATIONS, REQUESTS, ETC. TO
THE CITY COMMISSION OR BOARDS".
Mayor Ferre: Take up 18.
Mr. Plummer: Move it.
Mayor Ferre: Plummer moves 18 on second reading.
Mr. Dawkins: Second.
Mayor Ferre: Dawkins second, read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 2-308, ENTITLED "DISCLOSURE
OF PARTIES IN INTEREST BY PERSONS MAKING PRESENTATIONS,
REQUESTS, ETC., TO CITY COMMISSION OR BOARDS", OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY PROVIDING
FOR THE CLARIFICATION OF THE REQUIREMENT OF FULL DISCLOSURE
IN WRITING BY ALL PARTIES MAKING A PRESENTATION, FORMAL
REQUEST, OR PETITION, WITH RESPECT TO REAL PROPERTY TO THE
CITY COMMISSION OR ANY CITY BOARD, OF ALL PARTIES HAVING
AN OWNERSHIP INTEREST, DIRECTLY OR INDIRECTLY, IN SUCH
REAL PROPERTY; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
1
130 FEB 91984
gl ... f
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Passed on its first reading by title at the meeting of December
8, 1983, was taken up for its second and final reading by title and
adoption. On motion of Commissioner Plummer, seconded by Commissioner
Dawkins, 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 Joe Carollo
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Demetrio Perez, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9798
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.
58. SECOND READING ORDINANCE: AMEND SEC. 53-151 OF THE CODE WHICH
PERTAINS TO PROCEDURES AND USE CHARGES AT THE MUNICIPAL
AUDITORIUM AND THE COCONUT GROVE EXHIBITION CENTER.
Mayor Ferre: Take up 19, second reading.
Mr. Plummer: Move it.
Mayor Ferre: Plummer moves.
Mr. Dawkins: Second.
Mayor Ferre: Dawkins seconds, further discussion? Read the ordinance
on 19. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 53-151 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH PERTAINS TO
PROCEDURES AND USE CHARGES AT THE MUNICIPAL AUDITORIUM
AND COCONUT GROVE EXHIBITION CENTER BY CHANGING CERTAIN
SPECIFIED FEES DETERMINED BY THE TYPE OF EVENT BEING
HELD; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of January
19, 1984, was taken up for its second and final reading by title and
adoption. On motion of Commissioner Plummer, seconded by Commissioner
Dawkins, 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 Joe Carollo
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Demetrio Perez, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9799
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.
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59. SECOND READING ORDINANCE: AMEND SEC-19-45. PARA. B OF THE
CODE DEALING WITH FEES FOR FURNISHING REPORTS THAT ARE PUBLIC
RECORD.
Mayor Ferre: Take up 20. Plummer moves, Dawkins second, further
discussion? Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 19-45(b) OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH DEALS WITH FEES
FOR FURNISHING REPORTS THAT ARE PUBLIC RECORDS, BY
PROVIDING FOR AN INCREASE IN SAID FEES; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of December
8, 1983, was taken up for its second and final reading by title and
adoption. On motion of Commissioner Plummer, seconded by Commissioner
Dawkins, 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 Joe Carollo
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Demetrio Perez, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9800
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.
60. EMERGENCY ORDINANCE: AMEND SEC. 1 ORDINANCE 8835 WHICH
ESTABLISHED A TRUST & AGENCY FUND ENTITLED: "POLICE
SECOND DOLLAR TRAINING" BY INCREASING THE APPROPRIATION.
Mayor Ferre: Take up 21, second reading.
Mr. Plummer: Move it.
Mr. Garcia -Pedrosa: Mr. Mayor, 21 is also in that supplementary packet
that I gave to you.
Mayor Ferre: Plummer moves, Dawkins seconds, read the ordinance.
Mr. Garcia -Pedrosa: Mr. Mayor, this is going to be an emergency
ordinance since it was never read.
Mayor Ferre: I see.
Mr. Garcia=Pedrosa: No, -that's part of my memorandum to you. It was
never read on first reading.
Mayor Ferre: Call the roll.
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AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTION 1
OF ORDINANCE NO. 8835 ADOPTED JULY 27,
1978, WHICH ESTABLISHED A TRUST AND
AGENCY FUND ENTITLED: "POLICE SECOND
DOLLAR TRAINING "; BY INCREASING THE
APPROPRIATION FOR SAID FUND IN THE AMOUNT
OF $111,941 FROM REVENUES RECEIVED FROM
DADE COUNTY FOR FISCAL YEAR 1982-83,
PURSUANT TO FLORIDA STATUTES, CHAPTER
943.25(3) AND (5) FOR THE PURPOSE OF
PROVIDING LAW ENFORCEMENT TRAINING AND
EDUCATION; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer
Dawkins for adoption as an emergency measure
requirement of reading same on two separate
the following
vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Vice -Mayor Demetrio Perez, Jr.
and seconded by Commissioner
and dispensing with the
days, which was agreed to by
Whereupon the Commission on motion of Commissioner Plummer and
seconded by Commissioner Dawkins, adopted said Ordinance by the following
vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Demetrio Perez, Jr.
SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9801
The City Attorney read the ordinance into the public record and
announced that copies were available to members of the City Commission
and to the public.
61. SECOND READING ORDINANCE: AMEND ORD. 9478 WHICH ESTABLISHED
A TRUST & AGENCY FUND ENTITLE "RECREATIONAL ACTIVITY"
INCREASING THE APPROPRIATED FUNDS.
Mayor Ferre: Take up 22 on first reading increasing appropriated
funds for the operation of same to the....
Mr. Garcia -Pedrosa: Mr. Mayor, again, this was incorrect. It's
actually been read once, so this one is a second reading.
Mayor Ferre: Alright, on second reading. Is there a motion?
Mr. Plummer: On what?
Mayor Ferre: Item 22.
Mayor Ferre: Alright, Carollo moves, Plummer seconds, further discussion?
Read the ordinance on 22, second reading. Go ahead, call the roll.
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AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 9478, ADOPTED
SEPTEMBER 8, 1982, BY AMENDING THE FUNDS APPROPRIATED
FOR THE TRUST AND AGENCY FUND ENTITLED: "RECREATION
ACTIVITY", INCREASING APPROPRIATED FUNDS FOR THE
OPERATION OF SAME TO THE AMOUNT OF $100,000 TO
INCLUDE FUNDING TRANSACTIONS RESULTING FROM APPROVED
ACTIVITY OF THE PROFESSIONAL BOXING AND WRESTLING
BOARD, CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of December 8,
1983, 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 Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Demetrio Perez, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9802
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.
62. FIRST READING ORDINANCE: AMEND SEC. 1 OF ORD. 9690 -INCREASE
APPROPRIATIONS FOR "APPRENTICESHIP PROGRAM-FY-'84" AND
"COMPREHENSIVE JOB TRAINING PROGRAM-FY-84".
Mayor Ferre: 23 on first reading. It's increasing the appropriations
apprenticeship program from five hundred four to eighteen thousand
eight hundred Florida Employment Training Consortium. Dawkins moves.
and Plummer seconds, further discussion? Read the ordinance. Call
the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 9690,
ADOPTED OCTOBER 25, 1983, BY INCREASING THE APPROPRIA-
TIONS TO THE SPECIAL REVENUE FUNDS ENTITLED: "APPREN-
TICESHIP PROGRAM (FY'84)" AND "COMPREHENSIVE JOB TRAIN-
ING PROGRAM (FY'84)" BY $504 AND $18,080 RESPECTIVELY,
TO BE RECEIVED FROM THE SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM TO PROVIDE TRANSPORTATION ALLOWANCES
FOR PARTICIPANTS; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Plummer and passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor J. L.' Plummer, Jr.
ABSTAINING: None.
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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.
63. FIRST READING ORDINANCE: AMEND SEC. 1 OF ORD. 8719 - TRUST
AND AGENCY FUND ENTITLED "INTERNATIONAL TRADE PROMOTION
PROGRAM" CONCERNING CITY'S PARTICIPATION IN THE "INTERNATIONAL
TRADE FAIR" IN SANTIAGO, CHILE.
Mayor Ferre: Take up 24. This is twenty-four hundred dollars for
International Trade Promotion.
Mr. Gary: Receiving money for business that we spent for them in
conjunction with the trade mission in Santiago, Chile.
Mayor Ferre: Plummer moves, Dawkins seconds, further discussion on
first reading. Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE
NO. 8719, ADOPTED OCTOBER 26, 1977, THE SUMMARY
GRANT APPROPRIATIONS ORDINANCE, AS AMENDED, BY
INCREASING THE FUNDS APPROPRIATED FOR THE TRUST
AND AGENCY FUND ENTITLED: "INTERNATIONAL TRADE
PROMOTION PROGRAM", IN THE AMOUNT OF $2,400. AS
A RESULT OF PRIVATE BUSINESS CONTRIBUTIONS
RECIEVED IN CONJUNCTION WITH THE CITY OF MIAMI'S
PARTICIPATION IN THE INTERNATIONAL TRADE FAIR OF
SANTIAGO, CHILE, CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
_ Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins and passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre.
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Demetrio Perez, Jr.
ABSTAINING: 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.
ON ROLL CALL:
Mr. Dawkins: Mr. Gary, I'm voting "yes", but I understand from a
reliable source that we had some money that was available for these
trade promotions and we let it go back, a hundred thousand dollars.
Mr. Gary: That's correct.
Mayor Ferre: After all the work that we did. Who got it, Tampa.
Mr. Dawkins: No, we just sent it back. They didn't spend it.
(BACKGROUND COMMENTS INAUDIBLE).
Mr. Dawkins: I just wanted to bring... I like to make Mr. Gary happy.
Mayor Ferre: I would like to know these things. I know you have had
other things on your mind Howard, but we really need to know and we
worked damn hard to get that money from Legislature.
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64. AUTHORIZE CITY MANAGER TO EXECUTE AMENDED AGREEMENT WITH
O'LEARY - SHAFER-CASIO, P.A., LANDSCAPE ARCHITECTS, LAND
PLANNERS TO PROVIDE ADDITIONAL PROFESSIONAL SERVICES FOR
RENOVATION OF MOORE PARK.
Mayor Ferre: Have we done 31?
Ms. Hirai: No, not 31.
Mayor Ferre: Why do you need to amend that Mr. Manager? Mr. Kerns
wake up. Why do we need to amend 31? What do you want to give O'leary
now?
Mr. Kerns: Yes, sir. I believe that's been voted on, but basic...
Mayor Ferre: No, it hasn't.
9
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Mr. Carl Kern: Basically, what we are doing is a master plan for the
whole park, which will be actually larger than the funds that
we have to construct. Otherwise, we are planning for the total master
plan for the park.
Mayor Ferre: This is for Moore Park?
Mr. Kern: Yes, sir.
Mayor Ferre: So you have increased the funds ... how much are you increasing?
From what to what? We voted on 30, not 31.
Mr. Kern: I'm sorry, $119,000 to $145,000, the purpose of this is to
give us a total master plan so we can be off and running if we get other
future funding.
Mayor Ferre: Is there a motion on 31?
Mr. Plummer: Move it.
Mr. Dawkins: Second.
Mayor Ferre: It's been moved and seconded. Further discussion? Call
the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 84-187
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT #1, IN SUBSTANTIALLY THE FORM ATTACHED, TO
THE SEPTEMBER 27, 1983 AGREEMENT WITH O'LEARY-SHAFER-COSIO,
P.A., LANDSCAPE ARCHITECTS/LAND PLANNERS, TO PROVIDE
ADDITIONAL PROFESSIONAL SERVICES WITHIN THE ORIGINAL
SCOPE OF SERVICES, BUT UNFORESEEN AT THE TIME OF THE
ORIGINAL AGREEMENT, FOR THE RENOVATION OF MOORE PARK,
USING PREVIOUSLY ALLOCATING FUNDING FOR THIS PROJECT.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Dawkins, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice Mayor Demetrio Perez, Jr.
65. AUTHORIZE CITY MANAGER TO EXECUTE CONTRACT WITH "MULTI -IMAGE GROUP,
INC." FOR PREPARATION OF PROMOTIONAL SLIDE SHOW FOR THE "SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT PROJECT.
Mayor Ferre: Take up*item 32.
Mr. Gary: Mr. Mayor, this is a promotional slide show for the Park
West/Overtown so that we can use it as a marking tool to get developers
interested in investing in the area. _
Mr. Dawkins: Move it.
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Mayor Ferre: It's been moved by Dawkins. Is there a second?
Mr. Plummer: Second.
Mayor Ferre: Plummer seconds. Are we using Arthur Brooks?
Mr. Gary: No, those are just people who are part of the selection
committee.
Mayor Ferre: Who is it that we are going to use? Multi -Vision Products,
is that it?
Mr. Gary: Yes, sir.
Mayor Ferre: That is a local outfit?
Mr. Gary: No, Multi -Image Group, Inc.
Mayor Ferre: Is that a local group?
Mr. Gary: I don't know. They were selected by all the people interested.
They're from Ft. Lauderdale.
Mayor Ferre: Mr. Bailey, could you answer some questions for us on this?
They are from Ft. Lauderdale?
Mr. Herb Bailey: Yes, they are, Mr. Mayor.
Mayor Ferre: Are they a minority group?
Mr. Bailey: No, they are not.
Mayor Ferre: Were there any minority groups in there?
Mr. Bailey: We had one minority group.
Mayor Ferre: What's the name of the minority group?
Mr. Bailey: It was United World Church Supply and Printing Company, Inc.
They were a minority.
Mayor Ferre: Is that local?
Mr. Bailey: Yes, they are local.
Mayor Ferre: They didn't even figure... oh, they were last on your listing.
Right?
Mr. Bailey: Well, the listing that we have here is not in the order in
which they finished, it was between....
Mayor Ferre: No, but in the third page it says the selection committee
recommends the following: Multi -Image Group is one; Sunshine is two;
United World was three; Moss is....
Mr. Bailey: United World was three, yes. It came in third.
Mr. Dawkins: The minority group came in third?
Mr. Bailey: Yes.
Mayor Ferre: Do you think the difference between United World Church
and Multi -Image is significant?
Mr. Bailey: Well, it was the lack of experience and production capability.
Mr. Plummer: What was the difference in price?
Mr. Bailey: The price is the same, We were all authorized for $10,000.
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Mr. Dawkins: We have to go with this, but you see, I'm getting damned
tired I sit up here and I tell you about hiring minorities. Now, you
can't tell me that to take pictures and make a damn slide, we can't
find minorities. There is no way in the world that you and Mr. Gary
and nobody else can make me believe that to take a damn picture and
make a slide, we can't find a minority! I mean, you all keep saying
that over att.? over. Nobody seems to hear me. You all come up here
and a little simple thing like making a slide projection, just taking
pictures, and you can't find a qualified minority. I don't believe
that.
Mayor Ferre: All right, what are we going to do on this? Plummer
moves the Manager's recommendation be accepted. Dawkins seconds.
Mr. Dawkins: Second.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 84-188
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT IN SUBSTANTIALLY THE FORM ATTACHED, BETWEEN
THE CITY AND MULTI IMAGE GROUP, INC. FOR THE PREPARATION
OF A PROMOTIONAL SLIDE SHOW FOR THE SOUTHEAST OVERTOWN/
PARK WEST COMMUNITY REDEVELOPMENT PROJECT, ALLOCATING
FUNDS THEREFORE IN THE AMOUNT OF $10,000 FROM THE SOUTH-
EAST OVERTOWN/PARK WEST FUND.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Dawkins, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice Mayor Demetrio Perez, Jr.
66. AUTHORIZE CITY MANAGER TO NEGOTIATE AND EXECUTE CONTRACT WITH
ZUCHELLI, HUNTER & ASSOCIATES TO PROVIDE PROFESSIONAL SERVICES IN
AREA OF URBAN DEVELOPMENT ACTION GRANT CONSULTING SERVICES.
Mayor Ferre: Take up 33.
Mr. Gary: Mr. Mayor, we are asking expenditure of funds to retain
a firm to continue our U.D.A.G, process. This firm has considerable
experience and has been very successful, as demonstrated by the fact
that we have applied for $13,000,000 almost $14,000,000 worth of U.D.A.G.,
which for about $68,000,000 worth of projects, I have personally been
involved with Dena and her staff along with this firm. I consider them
very, very competent. I'd like to commend her for selecting this firm.
Mr. Plummer: Move it. I move 33.
Mayor Ferre: Where are these people from, Zuchelli, Hunter & Associates?
Mr. Gary: Annapolis, Maryland.
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Mayor Ferre: Dena, was there a review committee that chose them?
Ms. Dena Spillman: No, sir, this, under ... I'm sorry....
Mr. Gary: If I might, Mr. Mayor, if you recall, the City Commission
directed us to move quickly on this.
Mayor Ferre: I do recall. The question is who selected them.
Mr. Gary: Dena selected them.
Ms. Spillman: I talked to three different consultants. We had used
these on a temporary basis. They were far outstanding to the other
two consultants.
Mayor Ferre: Who else do they represent, Dena?
Ms. Spillman: They represent cities all across the country.
Mayor Ferre: Fine, name me one.
Ms. Spillman: Philadelphia, Norfolk, Virginia.
Mayor Ferre: O.K., these are people that are experienced in this field.
Ms. Spillman: Oh, absolutely, they are real well respected by the
private sector and H.U.D.
Mayor Ferre: I will be watching to see how we do on U.D.A.G.s and I
hope...I want to tell you, if we don't get what you consider to be our
fair share, I will be moving to dismiss them and not reconsider .them*in
the future.
Mr. Gary: That's fair.
Mayor Ferre: Plummer. moved. Dawkins seconds. Further discussion?
Call the roll. •
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 84-189
A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE A CONTRACT, IN SUBSTANTIALLY THE FORM ATTACHED,
WITH ZUCHELLI, HUNTER & ASSOCIATES TO PROVIDE TECHNICAL
SERVICES TO THE CITY OF MIAMI IN THE AREA OF URBAN DEV-
ELOPMENT ACTION GRANT CONSULTING SERVICES IN THE AMOUNT
OF UP TO $30,000.00, ALLOCATING SAID AMOUNT FROM THE
FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUND TO COVER
THE CONTRACT COST.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Dawkins, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
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67. URGE METROPOLITAN DADE COUNTY TO REVISE SOUTH FLORIDA BUILDING
CODE TO INCORPORATE MORE SPECIFIC REQUIREMENTS AND SAFEGUARDS
FOR STORAGE OF PILED MATERIALS ON CONSTRUCTION SITES.
Mayor Ferre: Take up item 34.
Mr. Plummer: Move it.
Mayor Ferre: Plummer moves. Is there a second?
Mr. Gary: This is result of the issue with, I think, Commissioner
Carollo came over this, or somebody, with the kid that died of....
Mr. Perez: Second.
Mayor Ferre: Perez seconds. Do you want to move it, Joe? Call the
roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 84-190
A RESOLUTION URGING METROPOLITAN DADE COUNTY BOARD
OF COUNTY COMMISSIONERS TO AMEND OR REVISE THE SOUTH
FLORIDA BUILDING CODE TO INCORPORATE MORE SPECIFIC
REQUIREMENTS AND SAFEGUARDS FOR STORAGE OF PILED
MATERIALS ON CONSTRUCTION SITES, E.G., SAND, GRAVEL,
ROCK, UPON DUE STUDY AND RECOMMENDATION BY THE SOUTH
FLORIDA BUILDING CODE BOARD OF RULES AND APPEALS, AND
INSTRUCTING THE CITY CLERK TO DELIVER COPIES OF THIS
RESOLUTION TO THE DADE COUNTY COMMISSION AND THE FAMILY
OF JAMIE KAYLOR.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Perez, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
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68. AMEND OVERTOWN URBAN INITIATIVES PROJECT OWNERS' PARTICIPATION PLAN,
POLICIES AND PROCEDURES.
Mayor Ferre: Take up 35.
Mr. Dawkins: Move 35.
Mayor Ferre: Dawkins moves 35.
Mr. Plummer: Second.
Mayor Ferre: Plummer seconds. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Dawkins,
who moved its adoption:
RESOLUTION NO. 84-191
A RESOLUTION AMENDING THE OVERTOWN URBAN INITIATIVES
PROJECT OWNERS/ EQUITY PARTICIPATION PLAN POLICIES
AND PROCEDURES, RESOLUTION NO. 83-980, TO FURTHER
PROVIDE FOR PARTICIPATION OF CERTAIN PROPERTY OWNERS
IN THE REDEVELOPMENT AREA.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
69. DIRECT CITY MANAGER TO ALLOCATE AMOUNT NOT TO EXCEED $1,550 IN A
VENTURE WITH ACKERLY COMMUNICATIONS RE PROMOTION OF THE WORLD
CHAMPIONS - THE BALTIMORE ORIOLES.
Mayor Ferre: Is anybody here on item number 42 with Ackerly Communications?
Mr. Gary: No, that's not with personal appearances. This is a discussion,
where we have....
Mayor Ferre: Tell us about it, Cesar, quickly.
Mr. Cesar Odio: Sir, we met with the Baltimore Orioles and they want
their presence in Miami felt, because they are going to start a marketing
campaign to get the community involved with them.
Mayor Ferre: Good.
Mr. Odio: They asked us what we could -do for them. Ackerley was present
at that meeting and suggested that they would donate ten billboards, if
we pay for the artwork, which would cost $1,550. Ten billboards for a
whole month where we welcome the Orioles World Champions.
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erne: Is there a motion?
mmer: So move.
erre: Second, further discussion? Call the roll on the approval
$1,500 for the billboards.
e following motion was introduced by Commissioner Plummer, who moved
ption.
MOTION 84-192
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER
TO ALLOCATE AN AMOUNT NOT TO EXCEED $1,550 TO BE USED
IN A VENTURE WITH ACKERLEY COMMUNICATIONS OF FLORIDA,
INC. IN THE PLACEMENT OF TEN (10) PUBLIC SERVICE BILL-
BOARDS TO PROMOTE THE WORLD CHAMPION BALTIMORE ORIOLES.
Dn being seconded by Commissioner Perez, the motion was passed and
by the following vote:
Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
None.
None.
70. AUTHORIZE CITY MANAGER TO ALLOCATE $1,500 FOR BILLBOARD PROMOTIONAL
ADVERTISING IN CONJUCTION WITH BUDWEISER AND THE FORTHCOMING GRAND PRIX.
Mr. Plummer: Wait, on that same subject.
Mr. Cesar Odio: Also, we have ten billboards donated for the J.L. Plummer
unlimited....the Budweiser Unlimited Regatta for $1,500 also.
Mr. Plummer: I move the allocation.
Mayor Ferre: Plummer moves, Dawkins seconds. Further discussion on
the Budweiser race thing.
Mr. Carollo: See, Plummer isn't so dumb after all.
Mr. Plummer: I wish my name were Budweiser.
Mayor Ferre: Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION 84-193
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER
TO ALLOCATE AN AMOUNT NOT TO EXCEED $1,500 FOR PROMO-
TIONAL BILLBOARD ADVERTISING IN CONJUNCTION WITH
BUDWEISER AND THE FORTHCOMING "GRAND PRIX EVENT".
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Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr..
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
71. AUTHORIZE DIRECTOR OF FINANCE TO PAY TO ROSIBEL SAAVEDRA AS PERSONAL
REPRESENTATIVE OF ROSENDO SAAVEDRA-$625,000 IN CLAIM SETTLEMENT.
Mayor Ferre: Take up 41, Mr. City Attorney.
Mr. Garcia -Pedrosa: Sir?
Mayor Ferre: Your $625,000 recommendation.
Mr. Garcia -Pedrosa: Yes, sir, well, Mr. Mayor, this is a case in which,
as I have indicated, the City had, I think, a good defense, but an
enormous exposure. The officer in question was using a shotgun, which
he was not trained to use and there were some problems relating to his
employement as well.
Mayor Ferre: Do you think we are better off settling it than keep it.
Mr. Garcia -Pedrosa: We are much better off settling it. I want to say,
Mr. Mayor, because of the magnitude of the settlement, that we just
tried a case, which you may have seen the report in the news this past
week, in which we got a defense verdict on another shooting matter.
It was found that the City did not act improperly and the officer
did not act improperly....
Mayor Ferre: Why do you want to settle this for?
Mr. Garcia -Pedrosa: Well, it's an example of, I think, we are careful
with the ones that we settle....
Mayor Ferre: I got you.
Mr. Garcia -Pedrosa: ....and we are judicious before we recommend
settlement like this.
Mayor Ferre: In other words, you are recognizing that this is one we
ought to settle.
Mr. Garcia -Pedrosa: Yes, sir.
Mayor Ferre: Do you agree with that?
Mr. Gary: Definitely.
Mayor Ferre: Is there a motion?
Mr. Carollo: I'd like to ask a question. You said that the officer
was not properly trained with the shotgun.
Mr. Garcia -Pedrosa: He had not been trained, sir.
sl FES 91984
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Mr. Carollo: How can that be if that officer went through the same
academy, as all of our officers do, and they have to be trained with
a shotgun when they go through that academy.
Mr. Garcia -Pedrosa: Commissioner Carollo, I asked that very question
and the answer that I received was that he had "fallen through the
cracks". He did not get that training.
Mr. Carollo: He never received it in the academy?
Mr. Garcia -Pedrosa: No, sir.
Mr. Carollo: I don't see how that could possibly be. My God!
Mr. Gary: Commissioner Carollo, this is not the first case. We
even got a police officer that fell through the crack in terms of
driving. He couldn't even drive!
Mr. Plummer: How in the hell does that happen?
Mr. Gary: We don't run the institute.
Mr. Garcia -Pedrosa: We don't want to....
Mayor Ferre: I think we better start talking about the institute a
little bit.
Mr. Carollo: Yes, I think we should.
Mayor Ferre: Well, right now we are talking about the settlement.
Then, I'll recognize you to talk about the institute. Now what is
the will of the Commission on the settelement? Plummer, do you move
it?
Mr. Garcia -Pedrosa: I should add, Mr. Mayor....
Mr. Plummer: I move it, Mr. Mayor. We have no choice. Our City
Attorney is telling us that he doesn't feel that he has a justifiable
defense in court or that we have a tremendous exposure otherwise.
That, within itself, can be used in the court.
Mr. Garcia -Pedrosa: Mr. Mayor, I want to add too, that both the
Police Department and the Department of Risk Management are supportive
of this settlement that I would not bring a settlement like....
Mayor Ferre: There is a motion on the floor. Is there a second to
the settlement?
Mr. Plummer: Boy, this hurts!
Mr. Gary: We have to do it, J.L.
Mr. Garcia -Pedrosa: What's he going to do when it comes back with
$4,000,000?
Mr. Perez: Second.
Mayor Ferre: Perez seconds. Further discussion? Call the roll.
sl � ,�.45 FEB 91984
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The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 84-194
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO ROSIBEL SAAVEDRA, AS PERSONAL REPRESENTATIVE
OF THE ESTATE OF ROSENDO SAAVEDRA, DECEASED, ON
BEHALF OF SAID ESTATE AND ON BEHALF OF ALL LAWFUL
BENEFICIARIES AND SURVIVORS OF ROSENDO SAAVEDRA,
DECEASED, THE SUM OF SIX HUNDRED TWENTY-FIVE
THOUSAND DOLLARS ($625,000.00), WITHOUT THE
ADMISSION OF LIABILITY, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI, JOHN SPRAGUE, ARMANDO
GUZMAN, AND KENNETH I. HARMS, UPON EXECUTION OF A
RELEASE RELEASING THE CITY OF MIAMI, JOHN SPRAGUE,
ARMANDO GUZMAN, AND KENNETH I. HARMS FROM ALL CLAIMS
AND DEMANDS.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Perez, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: Commissioner Joe Carollo
ABSENT: None.
72. DIRECT CITY MANAGER TO ALLOCATE AN AMOUNT OF NOT TO EXCEED $3,000
TO THE PUERTO RICAN OPPORTUNITY CENTER ONCE ADMINISTRATION VERIFIES
GRANT RECEIVED FROM UNITED WAY.
Mayor Ferre: Mr. Manager, on item 45, Alicia Baro could not be here,
but the reason why she was going to appear is on this problem that we
have, Dena, with Roxane -whatever her last name is- Rexach. The United
Way, would you believe, is going to give them $15,000 and they are
short $3,000. I'd like to move that the City Commission authorize
the Manager, after proper verification that the United Way is helping
that we commit $3,000 to match the $15,000 from the United Way. I
so move.
Mr. Dawkins: Second. Call the roll.
The following motion was introduced by Mayor Ferre, who moved
its adoption.
MOTION 84-195
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER
TO ALLOCATE AN AMOUNT NOT TO EXCEED $3,000 TO THE
"PUERTO RICAN OPPORTUNITY CENTER" ONCE THE ADMINISTRATION
HAS VERIFIED THE GRANT OF $15,000 WHICH THE CENTER HAS
RECEIVED FROM THE UNITED WAY.
-A
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Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
73. NOMINATE AND APPOINT CERTAIN INDIVIDUALS AS MEMBERS OF THE CITY OF
MIAMI-UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER
ADVISORY COMMITTEE.
Mayor Ferre: Item 53, nominations for the James L. Knight Center. I
might point out that these nominations we don't have any choice on the
University of Miami's. We can turn them down, but as I understand, our
group, which is the Group I, that's complete, the University of Miami is
recommending Charles Cobb, Richard McEwen and Steve Sonnabend. This
is for Group II. Is there a motion?
Mr. Plummer: Lon Worth Crow, Mc Ewen....
Mayor Ferre: I'm sorry, group III, Lon Worth Crow, Group II, Charles
Cobb, Richard Mc Ewen and Steve Sonnabend. Steve Sonnabend, as you
might remember is the fellow out at the Sonesta that is very active
in the Tourist Council. Is that right? Are these all people that we
recommend, that you recommend, or who recommends?
Unidentified Speaker: Yes, they are.
Mayor Ferre: Is there a motion?
Mr. Plummer: So move.
Mayor Ferre: Is there a second? Further discussion? Call the roll
on 53.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 84-196
A RESOLUTION NOMINATING AND APPOINTING CERTAIN
INDIVIDUALS TO THE CITY OF MIAMI NNIVERSITY OF
MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER
ADVISORY COMMITTEE.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Perez, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
BMW
ABSENT: None. • kill
am
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74. CONFIRM SELECTION OF INDIVIDUALS BY CERTAIN BARGAINING REPRESENTATIVES
AS MEMBERS OF THE CITY OF MIAMI AFFIRMATIVE ACTION ADVISORY BOARD.
Mayor Ferre: Item 57, the Affirmative Action Board. This is Sergeant
Jimmy Burke, F.O.P., Nelson Lissabet, from the Firefighters; they were
selected by their respective unions. Is there a motion?
Mr. Plummer: So move.
Mayor Ferre: Mr. Plummer moves. Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Dawkins seconds. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 84-197
A RESOLUTION CONFIRMING THE SELECTION OF INDIVI-
DUALS BY CERTAIN BARGAINING REPRESENTATIVES OF
CITY EMPLOYEES AND RECOGNIZING SAID INDIVIDUALS
AS MEMBERS OF THE CITY OF MIAMI AFFIRMATIVE ACTION
ADVISORY BOARD.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Dawkins, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
75. APPOINT MR. MODESTO MORA AS A MEMBER OF THE "CITY OF MIAMI HEALTH
FACILITIES AUTHORITY."
Mayor Ferre: Item 59 is the Miami Health Facility Authority, Modesto
Mora, who wishes to be reappointed. It's the vacancy created by the
Modesto Mora who is ... as I understand, requested to be reappointed.
Right?
Mr. Carollo: What is this? Is this the one that we created?
Mr. Plummer: Mental Health?
Mr. Carollo: No, a couple of years ago.
Mayor Ferre: Miami Health Facility Authority. It is the one that
Charlie Gottlieb is the Chairman of, that T. Willard Fair and everybody
was trying to have a balanced type of a thing.
sl 14$ F�ES 91984
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Mr Gary: Yes, this is the authority that....
Mayor Ferre: ....that Mercy Hospital....
Mr. Gary: ....reviews bonds for hospitals.
Mr. Perez: This is the one related to Jackson Hospital?
Mayor Ferre: Every hospital. It's not Jackson Hospital. It's the
one that approves bonds, like they did for Mercy Hospital.
Mr. Plummer: Who were the vacancies up?
Mayor Ferre: One vacancy, Modesto Mora.
Mr. Plummer: Does he wish to be reappointed?
Mayor Ferre: Yes, he has asked.
Mr. Plummer: Move it.
Mayor Ferre: There is a motion. First we do 59, which is Modesto
Mora. Then we do T. Willard. Who wants to move Modesto Mora?
Mr. Perez: I move.
Mayor Ferre: Perez moves. Is there a second?
Mr. Plummer: Second.
Mayor Ferre: Plummer seconds. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Perez,
who moved its adoption:
RESOLUTION NO. 84-198
A RESOLUTION APPOINTING ONE MEMBER TO THE CITY OF
MIAMI HEALTH FACILITY AUTHORITY TO SERVE A FULL
TERM THEREON.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
sl -149 ,DEB 9 1984
... 6 ...
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76. APPOINT MR. T. WILLARD FAIR AS A MEMBER OF THE "CITY OF MIAMI HEALTH
FACILITIES AUTHORITY."
Mayor Ferre: Now comes the vacancy of T. Willard Fair. Is there a motion?
Mr. Carollo: Move.
Mayor Ferre: He wants to be reappointed.
Mr. Dawkins: Joe moved. I second.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 84-199
A RESOLUTION APPOINTING ONE MEMBER TO THE CITY OF
MIAMI HEALTH FACILITY AUTHORITY TO SERVE A FULL
TERM THEREON.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Dawkins, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
77. APPOINT CERTAIN INDIVIDUALS TO THE CITY OF MIAMI COMMISSION ON THE
STATUS OF WOMEN.
Mayor Ferre: Now comes the Status of Women. They are a twelve member
board. Here are the people that I would recommend, they all recommend.
Who recommends these?
Mr. Dawkins: All of us.
Mayor Ferre: Alicia Baro, Gisela Cardonne, Janet Seitlin, Emma Chavez,
Martha Prado, Inez Almond, Terril Tharp, Nikki Beare, Ann Marie Adker,
Valerie Lamonthe -how do you pronounce that?
Unidentified Speaker: Lamonthe.
Mayor Ferre: Lamonthe? Who's Bob? Bob Lamonthe in our office? He's
leaving town.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: Clare Whealan.
150 FES 91984
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Mr. Plummer: I thought Armando Lacasa was on this board.
Mayor Ferre: This is the Status of Women, a twelve member board.
Is there a motion?
Mr. Carollo: Move.
Mayor Ferre: Call the roll.
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 84-200
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO THE
CITY OF MIAMI COMMISSION ON THE STATUS OF WOMEN.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Dawkins, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
78. APPOINT CERTAIN INDIVIDUALS TO SERVE ON THE ARTS IN PUBLIC PLACES
COMMITTEE.
Mayor Ferre: Item 62, Arts in Public Places, Ralph Johnson, Conchita
Blanc and Michael Maxwell. Who is Michael Maxwell?
Mr. Dawkins: Can Mr. Johnson serve on both boards?
Mayor Ferre: Can Mr. Johnson serve on two boards, Mr. City Attorney?
What is the other that he serves on?
Mr. Dawkins: The one you just appointed him to.
Mayor Ferre: He was reappointed to Code Enforce*--.'-,
Mr. Garcia -Pedrosa: No, you can't put him in two boards. What is the
other board he is on?
Mr. Dawkins: Jolita Mitchell was recommended by them; she's Black.
Mayor Ferre: Well, put her on.
Mr. Dawkins: O.K.
Mayor Ferre: Who's Michael Maxwell?
Mr. Dawkins: Jolita Mitchell should be a substitute of Mr. Ralph
Johnson.
Mayor Ferre: Jolita Mitchell, Conchita Blanc and Michael Maxwell.
sl �E 2-28 8 9 1984
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Mr. Plummer: No, I asked that be deferred.
Mayor Ferre: I tell you what. Can we appoint ... what is the name of
the Black lady again?
Mr. Dawkins: Jolita Mitchell.
Mayor Ferre: Jolita Mitchell and Conchita Blanc?
Mr. Plummer: Yes.
Mayor Ferre: There is a motion for those two. Plummer seconds.
Further discussion? Call the roll on 62.
The following resolution was introduced by Commissioner Dawkins,
who moved its adoption:
RESOLUTION NO. 84-201
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO THE
ARTS IN PUBLIC PLACES COMMITTEE, TO SERVE A FIVE-
YEAR TERM, FROM THE DATE OF APPOINTMENT.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
---------------------------------------------------------------------
NOTE FOR THE RECORD: Agenda item 63 was withdrawn.
---------------------------------------------------------------------
-------------------------------------------------------------------------
79. ACCEPT PLAT ENTITLED: "RIVERFRONT CENTER."
Mr. Gary: We still have to do 67, Mr. Mayor.
Mayor Ferre: Jeff, are you ready?
Mr. Gary: Yes, we have resolved everything and we are ready for it to
be moved.
Mayor Ferre: O.K., the plat entitled "Riverfront Center." Is there
a motion on item 67, recommended by the Manager?
Mr. Carollo: Move.
Mr. Dawkins: Joe moved. I second.
Mayor Ferre: It has been moved and seconded. Further discussion on
item 67? Call the roll.
•152
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FEB 9 1984
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The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 84-202
A RESOLUTION ACCEPTING THE PLAT ENTITLED "RIVER -
FRONT CENTER," A SUBDIVISION IN THE CITY OF MIAMI,
ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT, AND
ACCEPTING THE COVENANT TO RUN WITH THE LAND POST-
PONING THE IMMEDIATE CONSTRUCTION OF CERTAIN
IMPROVEMENTS UNTIL (i) CONSTRUCTION Or SUBSTANTIAL
IMPROVEMENTS (e.g., EXCLUDING SITE WORK OR PAVING)
ON THE AFORESAID SUBDIVISION IS COMMENCED, OR (ii)
UPON THE COLLAPSE OF THE PRESENTLY EXISTING BULKHEAD;
AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND
CITY CLERK TO EXECUTE THE PLAT AND PROVIDING FOR
THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS
OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Dawkins, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
sl
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91984
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80. CONTINUED DISCUSSION. DISMISSAL OF FORMER CHIEF KENNETH HARMS
CLARIFICATION OF LANGUAGE. REFER MATTER TO STATE ATTORNEY JANET RENO &
RESCINDING EARLIER MOTION.
-----------------------------------------------------------------------
Mayor Ferre: Mr. City Attorney, I need clarification on the motion that
was made this morning by Commissioner Carollo, and voted on three to two
on referral of this matter to the Grand Jury. As I understand now, so
we understand, what exactly is it that we are referring to the Grand
Jury? And Number two, by referring to the Grand Jury, I assume it goes
to the State Attorney first?
Mr. Garcia -Pedrosa: The way I understood the motion, Mr. Mayor, was to
ask the Chairperson of the Grand Jury to look into the matter of the
dismissal of the Police Chief. That means that the Grand Jury Chair-
person will receive some sort of a communication from the City making
that request,' They can proceed with it, or they cannot, as the Grand
Jury wishes.
Mr. Carollo: Slight correction, Mr. City Attorney and I guess your
other question should have been directed to the Clerk, as the keeper of
the minutes.
Mayor Ferre: I need legal clarification.
Mr. Carollo: The motion that we voted upon was to request of the Grand
Jury to so invite the Chief of Police, former Chief of Police, Ken Harms,
to appear before the Grand Jury to speak on anything that he would like
to speak on in law enforcement that pertains to the City of Miami police
matters.
Mayor Ferre: That is...
Mr. Plummer: I would ask - Joe, I don't remember that wording. I would
ask the Clerk to read back the motion.
Mr. Carollo: I would so clarify, J. L. ...
Mr. Plummer: I would ask that the Clerk to read back as you did.
Mayor Ferre: I do to, but I want to hear it, and I want legal clarifi-
cation as to what we are doing.
Mr. Ongie: That is included in the motion.
Mayor Ferre: Read the motion, so I understand it.
Mr. Ongie: The City Commission refers matter to the Dade County Grand
Jury.
Mayor Ferre: Refers what matter?
Mr. Ongie: It wasn't stated. I would just write it.
Mayor Ferre: That is why I am asking this!
Mr. Plummer: Well, no, excuse me. What was statedi
Mr. Ongie: Let me finish.
Mr. Plummer: I'm sorry.
Mr. Ongie: Including to the Chairman of the Grand Jury for whatever
action they deem appropriate and in order that they would question
former Police Chief Harms on any matter that they deem necessary in
order to provide a forum for him tc: make any statements that he wishes
to make. Included in that was the possible examination of any of the
files that have been released by the Grand Jury to see if there were any
violations of law.
' 154 FEB 91984
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Mr. Plummer: I also recall that Commissioner Carollo brought out that a
transcript of this meeting this morning, relating to this subject also
be forwarded.
Mr. Ongie: Yes, I have that.
Mr. Plummer: To not only the Grand Jury, but to Janet Reno's office and
to the Attorney General.
Mr. Carollo: Attorney General.
Mr. Ongie: Yes, sir. That was the direction to me, and I have that.
Mr. Carollo: That was addressed by Commissioner Dawkins, and I included
the Attorney General in that.
Mayor Ferre: Mr. City Attorney, my question to you is a legal question
on procedure. You have heard the motion. I think the intent was clear.
The question now, is, does this go to the State Attorney's office, or
does it go directly to the Grand Jury? What is the legal procedure that
must be followed for this to be proper?
Mr. Garcia -Pedrosa: To the State Attorney's office, Mr. Mayor, but that
is not the way that the motion was worded, and the Grand Jury is a body
unto itself. You voted to proceed to that body directly.
Mr. Plummer: I think you will recall my statement, Mr. Pedrosa, that I
said, and I still feel that the State Attorney's office and the Grand
Jury are one. The investigation....
Mr. Carollo: You stated that before, as I recall.
Mr. Plummer:.... arm of the Grand Jury is the State's Attorney's office.
Mayor Ferre: All right now, so for clarification purposes, your vote was
premised on the fact that it go through the State Attorney through the
Grand Jury, since they are the one and the same - you said.
Mr. Plummer: I understood the motion to say that it went to all...
Mr. Garcia -Pedrosa: Mr. Plummer, the problem is this. First of all,
just because you sent something to the State Attorney, does not get it
to the Grand Jury. The State Attorney has the authority to present some-
thing to the Grand Jury, or not to present something to the Grand Jury.
That is Number one. Number two, and I recall your statement as well,
as a prominent member that you are of the Dinner Key Bar Association,
but that is not entirely correct. The two entities are separate entities.
The State Attorney is one entitity and the Grand Jury is a different
entity, and I didn't think that the motion was addressed to both, although
your comments certainly was.
Mayor Ferre: That is why I am asking...
Mr. Carollo: What are you getting at?
Mr. Plummer: I will tell you what he is getting atl He is getting at
a separate letter to Reno, I want to tell you what he is getting atl
Mayor Ferre: What I am getting at is I think the intention of Commissioner
Plummer, when he voted was based on a premise, that the Grand Jury, and
the State Attorney were one and the same. That being the case then, ob-
viously the vehicle to go to the Grand Jury, as I understood your vote,
was to the State Attorney's office, and I wanted to make sure that that
was what I understood, because.the motion is confusing.
Mr. Carollo: The motion is not confusing, it is very clear and the Foreman
of the Grand Jury I am sure will take the first step in consulting with the
appropriate persons in the State Attorneys office, so what J. L. actually
said before, is actually basically correct, even though what the City Attor-
ney has stated is also correct. There are different entities, but they
work hand in hand.
55
ld F'ES 9 1984
Mr. Dawkins: Mr. City Attorney...
Mayor Ferre: I didn't vote with the motion, so I can't...
Mr. Dawkins: Mr. City Attorney.
Mr. Garcia -Pedrosa: Yes, sir.
Mr. Dawkins: The Grand Jury, does it have subpoena powers and the
right to swear people, and what have you?
Mr. Garcia -Pedrosa: Yes, it does.
Mr. Dawkins: Well, what is the difference, then, between the State
Attorney having subpoena powers and to swear people - I mean, which
would be the better one to accomplish the deed. The both could do it
equally, is that what you are saying?
Mr. Garcia -Pedrosa: Mr. Dawkins, the State Attorney can and does
conduct investigations with its own personnel, and the Grand Jury also
conducts investigations. What I think should be clear is...
Mr. Carollo: (INAUDIBLE)
Mr. Garcia -Pedrosa: Well, the State Attorney is the prosecutor inside
the Grand Jury, but the decision to file charges or not is made by the
Grand Jury and those cases that are presented to the Grand Jury - the
distinction.
Mayor Ferre: Mr. City Attorney, under Mason's rules of procedure, which
we function under, does a member who voted with the majority - is it re-
quired for a member who voted with the majority to make a motion for re-
consideration. You can ask your assistant who looked it up two hours
ago.
Mr. Carollo: The point being, Mr. Mayor and what I understand you are
trying to do is to squash that motion that was voted upon.
Mayor Ferre: That is right.
Mr. Carollo: I think I have understood that perfectly clear.
Mayor Ferre: Correct. I agree with that.
Mr. Carollo: For me, if that is the case, I would just make a motion
then to squash it then try to play beat around the bush at it.
Mayor Ferre: I'm not going to beat around the bush. I will be legally
accurate and precise. I may not have the three votes, though. Tell
him what page it is on, Bob.
Mayor Ferre: I am trying to follow a proper legal procedure. I submit
to you sir, that you will find that it says that you do not have to be
on the prevailing side under Mason's rules. Under Robert's rules, you
do, under Mason's you do not. We operate under Mason's rules. Based
on that premise...
Mr. Garcia -Pedrosa: Mr. Mayor...
Mayor Ferre: Yes, sir.
Mr. Garcia -Pedrosa: The matter of who has a right to make a motion to
reconsider is not addressed....
Mayor Ferre: That is exactly my point.
Mr. Garcia -Pedrosa: .... in Mason's rules, and therefore, it would be
proper for any member of the Commission, during the same session, to
make that motion.
* 156 FEB 9 1984
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Mayor Ferre: I therefore move you, sir, that this Commission reconsider
its previous vote on memorializing this to the Grand Jury for the pur-
poses of clarification. In other words, my motion is to rescind the
previous motion.
Mayor Ferre: It is a motion to reconsider?
Mr. Garcia -Pedrosa: Hold on, let me see if rescind is different than
reconsider.
Mayor Ferre: I am sorry, I wi11...so you won't have to waste your time
looking for it, I make a motion that we reconsider.
Mr. Garcia -Pedrosa: Good.
Mayor Ferre: I don't care - either one.
Mr. Plummer: The motion to reconsider has to be from a member of the
prevailing side.
Mayor Ferre: Nope.
Mr. Plummer: Who said that?
Mr. Carollo: Not under Ferre's rules of order.
Mr. Garcia -Pedrosa: Mr. Mayor, in Masons, the motion to rescind may be
made by any member, whether he voted with the prevailing side, or not.
Mayor Ferre: I therefore more to rescind for the purposes of restating
and clarifying the motion in clearer words.
Mr. Dawkins: I second the motion.
Mayor Ferre: Okay, under discussion, Mr. Chairman. The purpose of this
motion, to the members of the Commission, is so that we can, in more
specific language, as drafted by the City Attorney, in a moment, we can
understand the procedure, as I understand it, which is, to go through
the State Attorney. With that motion, I will vote, and then to the
State Attorney to the Grand Jury.
Mr. Plummer: Well, let's...
Mr. Carollo: Mr. Mayor, look, if what you are trying to accomplish now
by this is to change your vote so can vote with the motion, I will be
more than happy to give you the opportunity to change your vote and
vote the motion, but please do not make excuses that are really, you know,
so unvalid for why you didn't vote for it before. It is everyone's right
to change their mind and vote for or against something.
Mayor Ferre: I accept that. That is fair criticism.
Mr. Plummer: Question. Mr. City Attorney, the Mayor has stated the
purpose of doing this motion is predicated on your advice that the proper
procedure to go through is through the State's Attorney. Would you...
Mr. Garcia -Pedrosa: No, I don't think he said that.
Mr. Plummer: Okay, what did he say?
Mayor Ferre: I did!
Mr. Plummer: That is what he said. Now, I asked you for your...
Mr. Garcia -Pedrosa: The answer,•if I understand the question...
Mr. Carollo: That is not what the City Attorney stated, if I understood
you correctly. You can go through either body, because it is really,
even though they are different entities, they work hand in hand, and
7 FEB 91957
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what goes to the Grand Jury will be worked with with the State Attorney's
office, and vice -versa.
Mr. Garcia -Pedrosa: Well, I agree with the first part of that, Mr. Carollo,
but not necessarily with the second. In other words, if something goes to
the State Attorney, it may or may not wind up in the Grand Jury.
Mr. Carollo: Yes, if the need to, they bring it, if they don't, they
don't, but the Grand Jury does have to work with the State Attorney's
office, so I really don't see the purpose of this.
Mayor Ferre: The purpose is procedural. Well, the purpose is so that
you can vote with the motion, Mr. Mayor. Like I said, I won't object,
if you change your vote and vote with us.
Mayor Ferre: Right, okay, no, I won't vote with the existing motion.
I will with the next motion, which defines the procedure.
Mr. Plummer: Well, let me make my position clear. My position is, if
in fact, the City Attorney tells me that there is a better procedure,
or more legally accepted procedure, by a new motion, I am willing to
listen. If not, I am not in favor of the rescind.
Mr. Carollo: Mr. City Attorney, I guess what Commissioner Plummer is
asking, or what I will be asking is, if what we have done, legally sound;
the procedure that we voted upon, is it legally sound? Do we want to
know that, J. L.?
Mr. Garcia -Pedrosa: Okay, let me have one moment, Commissioner Carollo.
Mr. Perez: Do have any special recommendations, Mr. City Attorney?
Mr. Garcia -Pedrosa: In a moment, I will.
Mayor Ferre: All right, let's...is there a legal motion on the floor?
I've made the motion.
Mr. Garcia -Pedrosa: You have made a motion to rescind, but there is a
question pending.
Mayor Ferre: I made the motion to rescind. Dawkins seconded it.
Mr. Perez: Okay, I would like to make a substitute motion.
Mayor Ferre: Then you have to pass your gavel to Plummer. Go ahead.
He is the Chair now.
Mr. Perez: In accordance with what the City Attorney is trying to say,
I understand this whole issue. I will propose to reconsider this issue
in the next Commission meeting after we have received a complete memo
from the City Attorney's office, where he explains all the legal responsi-
bility and what is the legal procedure in full. Under that condition, to
reconsider in the next regular Commission meeting, I will move this
motion to rescind, conditioning and subordinate only to this...
Mayor Ferre: I accept that, and I would second that motion. In other
words, the motion is to rescind, based on what he...now, does that require
two motions legally? I think it does. Motion to rescind...
Mr. Garcia -Pedrosa: You have a motion to rescind.
Mayor Ferre: And then he has to make this other, as a separate motion.
Mr. Garcia -Pedrosa: If you want to amend your motion, you can do that.
Mr. Carollo: What I don't understand, Mr. Mayor...
Mayor Ferre: Can you do it with one motion?
Mr. Garcia -Pedrosa: If you amend your motion, yes, sir.
ld MCI FEB 919B4
6 4
Mayor Ferre: Okay, then I accept his amendment to my motion to rescind,
and I...
Mr. Garcia -Pedrosa: Actually, wait a minute. I an sorry, I though we
we were on a motion to reconsider. If you want to move to rescind, you
need to vote on that. Okay, I am sorry.
Mayor Ferre: That is what I said. Legally, Demetrio, first you rescind,
and then you make that motion and I am cutting you right off that if the
motion to rescind passes, I will second that motion and vote with it.
Mr. Carollo: Mr. Mayor, didn't you just explain to me that the reason
you were doing this, is you wanted to vote for the proper procedure in
sending this to the State Attorney instead of through the Grand Jury?
Mayor Ferre: Absolutely, and I find this to be even better.
Mr. Carollo: Then ... yes.
Mayor Ferre: I like it better. I think Demetrio has come up with a
very good solution, which I hadn't thought of, and I congratulate him
for coming up with it!
Mr. Perez: Yes, but I would like, Mr. Mayor, to have very, very clear in
public and to have this motion subordinated to the City Attorney's office.
Mr. Garcia -Pedrosa: I've got the answer...
Mr. Perez: Not recommendations, legal opinions in order that everyone
can...
Mr. Garcia -Pedrosa: The Grand Jury can investigate matters presented
to it by the State Attorney, or otherwise come to its knowledge.
Mayor Ferre: Okay, Mr. Chairman, I call the question, unless somebody
else has something to say.
Mr. Carollo: Mr. City Attorney, is there anything that you can give us
next week that you cannot state to us today?
Mr. Garcia -Pedrosa: I can give you an answer today.
Mr. Carollo:' Well, why don't you give us an answer now. You save us
was all the bothering of waiting out another week for this. I mean, if
you couldn't, I could understand that, but I think that you are a very
competent attorney, and since it is as simple as this, it should deserve
an answer right now.
Mr. Plummer: Proceed, Mr. Pedrosa.
Mr. Garcia -Pedrosa: Commissioner Carollo, under Florida Statute 905.16
entitled duties for the Grand Jury, it is stated that the Grand Jury
shall inquire into every offense and so forth, presented to it in one
of two ways. Either by the State Attorney, or his designated assistant,
or matters that otherwise come to the Grand Jury's knowledge. Therefore,
my original answer to you stands, and that is, that you could send this
matter to the Grand Jury and you can also send the matter to the State
Attorney.
Mr. Carollo: What we have done then is really correct as we told you.
I mean, we haven't done anything incorrect. Is that sufficient informa-
tion to you, Demetrio?
Mr. Perez: No, I still want, for example, I mentioned originally for
the next regular Commission meeting, but I...
Mr. Carollo: But he just gave you your answer.
Mr. Perez: Yes, but in accordance with that, I would like to have
written answers, you know? And I will expect that for the next zoning
meeting next week, if it is able, but I would like to have it completely
in writing, everything in paper what is the legal opinion of the City
Attorney.
159 F B B 9 1984
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Mr. Carollo: Mr. City Attorney, here is a pen, sir. Can you put it in
paper, as you stated?
Mr. Garcia -Pedrosa: Well, what do you want me to put in paper?
Mr. Carollo: Well, the statement that you made to us now, could it be
put in writing to satisfy all the members of the Commission? I'll take
a couple of minutes break so it can typed or hand written or what have
you. If there are other reasons that we want to change our minds and
not vote for this, I would hope that they are stated so, but so far, I
haven't heard really anything that is valid.
Mr. Perez: I want to make very clear what is the intention to clarify
this procedure and also to have the opportunity in accordance with the
City Attorney has mentioned it tonight, I would like to have the oppor-
tunity to have more legal counsel.
Mr. Carollo: Yes, but Demetrio, he just clarified it as best he can. -
Unless he changes his mind next week, and I don't he would do that.
And you made a statement now, either you are in favor of the motion that
you voted upon before, or then vote against it, and change your vote.
Mr. Perez: I am completely in favor of what I voted, and I was very
strong in that position. The only thing is that after he called the
attention about it, and I have some legal doubts, I would like to have
more information...
Mayor Ferre: Mr. Chairman do you recommend this?
Mr. Carollo: What are the legal doubts that the City Attorney has to
clarify?
Mr. Perez: About the whole ... about how to handle the whole procedure
between the City Attorney, the Grand Jury, and the whole thing.
Mr. Carollo: He just explained it. We coula seuu it to either oaC. i;OW1
if you want to please everybody, I would be willing to make a substitute
motion that we also send copies of everything that... that we send the
same request, rather, that we made of the Grand Jury, to the State
Attorney's office. This way you know, everybody could be completely
assured that everyone is getting the message.
Mr. Perez: I don't have any inconvenience. The only thing that I would
like, I would like to hear the other opinion, especially the City Attorney,
but I would like to have the opportunity to receive formal legal opinion
with reference to different cases in other states in similar situations
and I will expect to have it for the next Commission meeting. I think
that we are only week for that one.
Mr. Carollo: Mr. City Attorney, the Commission asked for a case reference
in the process to follow for this. Is there any case reference to this?
Mr. Plummer: As soon as Carollo is finished, I recognize the Mayor.
Mr. Garcia -Pedrosa: Commissioner, the procedure - I think the answer to
your question is this. The procedure, or the duties, rather of the Grand
Jury are statutory - statutorily set out in the Florida Statutes, and
particularly in the section that I referred to.
Mr. Plummer: Mr. Carollo, do you relinquish the floor?
Mr. Carollo: Commissioner Plummer, it is clear to me that Commissioner
Perez, for whatever his reasons are, wants to change his vote from before.
The questions that he asked of the City Attorney have been answered as
clear as the City Attorney possibly could answer them, so I have no
problem, if he wants to change his vote. I would just hope that people
quit beating around the bush. They should state it right out that they
want to change their vote._ I have no problems with that!
Mayor Ferre: Will the Chair recognize me?
Mr. Plummer: Mayor Ferre.
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Mayor Ferre: As I understand the motion that has been made, which I am
the seconder of...
Mr. Plummer: That is the substitute.
Mayor Ferre: The substitute motion, which is before us at the present
time is Commissioner Carollo's request that the previous motion be
rescinded, and that he will bring it up for discussion again next week.
Now, that is something...
Mr. Carollo: Commissioner Perez, not Commissioner Carollo.
Mayor Ferre: I am sorry - Commissioner Perez requested that the
previous motion be rescinded, that the City Attorney put this down in
a legal statement, outlining all of the legal aspects of it. He wants
to think about, consult it with people in the legal profession and
whatever, and come back with a decision when he more clearly under-
stands the implications of this very complicated matter. There is a
substantial difference between going to the State Attorney and going to
the Grand Jury, and I think...
Mr. Carollo: But, Mr. Mayor, if that is your sole question, I would be
more than happy to make the motion to direct it to the State Attorney's
office. I have no problems with that, none whatsoever.
Mayor Ferre: Instead of the Grand Jury, or in addition to.
Mr. Carollo: I mean, if that is what is holding you back from voting
upon it, I will make the motion to send it to the State Attorney's office,
instead.
Mayor Ferre: Period?
Air. Carollo: Yes, I will make the motion to send it to the State At-
torney's office.
Mayor Ferre: I will tell you, if you want to make that kind of a motion
after Perez's motion, we can discuss it then. As far as I am concerned,
I am standing with him, and I call the question - Mr. Chairman.
Mr. Plummer: First we will vote on the substitute motion for one week
deferral from the...
Mr. Garcia -Pedrosa: No, no, first of all, the motion to rescind.
Mr. Plummer; I am sorry - the motion to rescind it first?
Mayor Ferre: It comes together! The motion was, as I remember it -
you repeat it, it is your motion! "To rescind and..."
Mr. Perez: The motion was to rescind and to get the legal opinion of
the City Attorney to have it ready for the next Commission meeting.
Mr. Plummer; Okay, the City Attorney has a problem with that. Mr. City
Attorney, outline the procedures.
Mr. Garcia -Pedrosa: No, no. You have a complete legislative act that
you have voted on this morning. Now, if you want to do something else,
you need to rescind that action.
Mayor Ferre; Sir, I asked you that question, and first you said yes,
and then you said no, that the motion could include something else
beyond the rescinding. Is that correct?
Mr. Garcia -Pedrosa: No, r;ir,•I•think it was the other way around, but...
Mayor Ferre; I understood you to say that you could make it all part of
the same motion. All right, if you cannot, then I stand corrected, and
then I think the way to proceed, Commissioner, is first to rescind and
then make the second part.
161
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FEB 9 19B4
Mr. Perez: I think that we have first a motion from Commissioner Carollo
that to send everything to the State Attorney's office .
Mayor Ferre: That is the second item.
Mr. Carollo: No, there is no motion on the floor.
Perez: Didn't you introduce a new motion?
Mr. Carollo: There is still a motion on the floor.
Mayor Ferre: Yes, there is! There is a motion on his part to rescind,
and I second.
Mr. Carollo: Not from mine that you seconded. I don't have a motion
on the floor.
Mayor Ferre: I know. Perez has a motion to rescind and I seconded it.
Now, there was a second portion to the motion and Mr. City Attorney says
cannot be done, so I move the question of the first part, and then if you
want to make the second part, I will second the motion then. So, I
call the question to rescind.
Mr. Plummer: The question is called. Mr. Mayor, I got a problem. In
my 14 years that I have sit on this Commission - first, let me state I
have no problem with the way I voted this morning, but I do have a problem
when it comes to a fellow Commissioner who has asked for a matter to be
deferred, I have never, never, voted against it. And that is the dilemma
I am on. Now, I have always honored that request, and Joe, you have too.
Now, that, I want to tell you - I have no problem with the way I vote. If
the City Attorney tells me "Mr. Mayor, there is a better procedural way,"
I will listen, but now I am on the dilemma of having to deny a colleague's
request... no, because the only reason to rescind is to defer.
Mr. Carollo: Yes, but J. L., a deferral has always been granted before a
vote was taken. In this case, the vote was taken already.
Mayor Ferre: That is why he has got to rescind.
Mr. Carollo: And there is a big difference in that - a big difference!
Mr. Plummer: Joe, let me tell you how I feel, okay? If a Commissioner
is sitting here and he feels that he is uncomfortable and wants more in-
formation, I don't know really how to tell him "no", I won't.
Mr. Carollo: But, Demetrio, why don't you just spell it right out and
let's not waste any more time beating around the bush and just say that
you want to change your vote from this morning!
Mr. Perez: I don't want to change the vote. I am very clear in that
position. I don't want to change the vote, the only thing that I want
is to obtain more information. But, anyhow, suppose that I would with-
draw my motion.
Mr. Carollo: Whatever you...
Mr. Perez: You could still use your motion to send everything to the
State Attorney, so I withdraw my motion.
Mayor Ferre: Okay! Your motion is withdrawn, and now you are going to
make a motion to send to matter to the State Attorney, is that correct?
Mr. Carollo: I will make the same motion that Commissioner Plummer and
Commissioner Perez voted upon this morning, with the exception that instead
of directing this information, this request, that we ask of the Grand Jury,
for it to be asked of the State Attorney's office, and to ask her that if
she so sees fit, to direct it to the Grand Jury.
Mayor Ferre: Okay, that is a fair motion. Is there a second to that
motion?
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Mr. Plummer: No, excuse me!
Mayor Ferre: I could vote with that motion.
Mr. Plummer: No, first motion is Commissioner Carollo to make a motion
to rescind.
Mayor Ferre: He has got to rescind.
Mr. Plummer: Okay, that is the first action.
Mr. Carollo: Well, no, we would make this motion first and then rescind
the previous motion.
Mayor Ferre: No, no, you can't do it.
Mr. Plummer: You can't even consider it, Joe!
Mayor Ferre: You can't, you cannot...
Mr. Plummer: Mr. City Attorney, you can't consider a second action
without rescinding the first, can you?
Mayor Ferre: Because otherwise, the other one stands.
Mr. Garcia -Pedrosa: The Mayor is right. The first action...
Mr. Plummer: I am standing as Mayor.
Mr. Garcia -Pedrosa: No, but I am saying what the Mayor just said. You
have voted this morning to send this matter to the Grand Jury. Now,
Commissioner Carollo is making a different motion to send the matter to
the State Attorney - different motions!
Mr. Carollo: Well, could I make a motion of amending the previous
motion?
Mayor Ferre: No, because the motion is already passed. Joe, I will
tell you what...
Mr. Plummer: Joe, if you are agreeable to do that, make a...
Mayor Ferre: .... I accept of Mr. City Attorney, I think he can make the
motion, because it is a separate item. All right, I accept your motion.
Make your motion.
Mr. Garcia -Pedrosa: That is what I just said.
Mr. Plummer: Joe, make your motion.
Mr. Carollo: My motion is the same motion that we voted upon before.
The only change we are making is, that we are changing "Grand Jury"
to "State Attorney".
Mr. Plummer: Is there a second?
Mr. Carollo: State Attorney, and asking her, if she so sees fit, to
direct the request that we are making of her to the Grand Jury.
Mayor Ferre: Okay, I accept that as a motion. Is there a second?
Mr. Plummer: Instead of? Yes, I second the motion.
Mayor Ferre: Okay, further discussion? Call the roll.
ld F E B 9 1984
Mr. Plummer: Wait a minute. What?
Mayor Ferre: No, nc. Let me. tell you what I am cgoin-. to do. Once we
have voted on this, I am going to make a motion to rescind the previous
motion.
Mr. Garcia -Pedrosa: But I Just want Commissioner Plummer to be clear
on what he is voting on. This is not "instead of", Commissioner
Plummer.
Mr. Plummer: Yes, it is.
Mayor Ferre: It is in addition to. I am going to then move to rescind
the first one. He wants to see if this one passes now.
Mr. Garcia -Pedrosa: This morning you voted to send it one place. Now
you are voting to send it to another pace.
Mayor Ferre: Is there further discussion? Call the roll.
The following motion was introduced by Commissioner Carollo, who
moved its adoption:
MOTION NO. 84-203
A MOTION REFERRING THE MATTER OF THE DISMISSAL OF THE FOR-IEF.
CHIEF OF POLICE TO THE STATE ATTORNEY, JANET RENO, REQUEST-
ING HER TO INVITE FORMER CHIEF OF POLICE KENNETH HARMS TO
APPEAR BEFORE HER TO ANSWER ANY QUESTIONS OR MAKE ANY STATE-
MENTS AND, IF SHE SEES FIT, TO REFER THE MATTER TO THE GRAND
JURY FOR FURTHER INVESTIGATION AND ALSO INVESTIGATION OF ANY
POSSIBLE VIOLATION OF LAWS IN CONNECTION WITH THE FILES WHICH
WERE MAINTAINED BY THE FORMER CHIEF OF POLICE.
Upon being seconded by Commissioner Plummer, the motion was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
-� Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
Mayor Ferre: Now, I move that this morning's motion to send the matter
to the Grand Jury be rescinded.
Mr. Perez: Do we have any second to this motion?
Mr. Dawkins: Second.
Mr. Plummer: Let me understand here now. Let's get it on the record.
It is my understanding that motion just made by Commissioner Carollo here,is
that it go the State Attorney first, and then if she finds, she will then
further the information. So, in a way, it is in conflict with this morn-
ing's motion.
Mayor Ferre: It is indeed.
Mr. Plummer: Okay.
Mayor Ferre: And that is why I am making a motion to rescind this one,
which has been seconded by Dawkins, and I now call the question.
ld . - 164
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91984
w
Mr. Flummer: Okay, I understand.
Mr. Perez: Do we have any comments?
Mr. Plummer: Dawkins seconded it. Call the question.
Mayor Ferre: Call the roll!
The following motion was introduced by Mayor Ferre, who moved its
adoption:
MOTION NO. 84-204
A MOTION RESCINDING M-84-135 CONCERNING THE MATTER OF THE
FIRING OF FORMER CHIEF OF POLICE KENNETH HARMS.
Upon being seconded by Commissioner Dawkins, the motion was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: Commissioner Joe Carollo
Vice -Mayor Demetrio Perez, Jr.
ABSENT. None
165 FEB 91984
81. DISCUSSION ITEM OF FURTHER CLARIFICATION OF MOTION TO BE SENT TO
STATE ATTORNEY JANET RENO, ESQ. CONCERNING THE DISMISSAL OF FORMER
CHIEF OF POLICE KENNETH HARMS.
Mr. Carollo: Now, Mr. Clerk, excuse me, now that all these shenanigan
seems to be through with, I would like for you to draft the same wording
that we had in the motion that was made this morning in directing the
State Attorney, Janet Reno to request of Mr. Harms to appear before ,the
Grand Jury. J.L., do you understand? This is what we did. We changed
everything around. Before we were asking the Grand Jury to invite Mr.
Harms. Now it would have to be the State Attorney that would be sending
the invitation to Mr. Harms to appear before the Grand Jury, and if there
is any evidence found of any criminal wrongdoing, then she would have to
refer that to the Grand Jury, if she so wishes, or if not, take action
upon herself.
Mr. Plummer: Well, she is duty-bound if she finds something criminal
to report it.
Mr. Carollo: Of course, but I just want to put it on record, so there
is no misconception of how it should be worded.
Mr. Plummer: It is my understanding that the transcripts would be
sent, and as such, that would be, I think, self evident.
Mr. Carollo: I agree, J.L., but the unfortunate thing is that because
whatever games were being played for whatever reasons, it might not be
all that clear.
Mr. Plummer: I leave here this evening with the full knowledge of the
words of the City Attorney in reference to the Grand Jury. Any matter
that is brought to their attention, there is no question that this
matter has definitely by, I understand, afternoon headlines been
brought to their attention. So I feel comfortable in leaving here....
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
82. EMERGENCY ORDINANCE: APPROPRIATE ANTICIPATED REVENUES FROM THE
PROCEEDS OF THE PROPOSED SALE OF THE $20,000,000 POLICE HEADQUARTERS
AND CRIME PREVENTION OBLIGATION BONDS.
Mr. Dawkins: Can you call the roll on my ... read my resolution, please,
sir.
Mr. Garcia -Pedrosa: I read the ordinance already.
Mr. Dawkins: You read the ordinance? O.K.
Mr. Garcia -Pedrosa: I did already.
Mr. Dawkins: Call the roll, sir.
Mayor Ferre: Call the roll on what?
Mr. Carollo: This iso on what? The $20,000,000 resolution?
Mr. Dawkins: Call the roll, please;
Mr. Ralph Ongie: I don't think he read it.
66
sl FES 91984
0
Mayor Ferre: I got it. I'm ready to vote for it.
Mr. Ongie: He said he read it; I don't think he did.
Mayor Ferre: That is a resolution.
Mr. Ongie: It is a resolution?
Mayor Ferre: Yes.
Mr. Carollo: This is which resolution?
Mr. Ongie: On the substations.
Mr. Carollo: The $20,000,000, but how are we going to be spending it?
$4,000,000 for each of the substations, and $12,000,000 for the
computers. That's where the whole $20,000,000 are going to.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
AT THIS POINT ROLL CALL WAS TAKEN FOR THIS ITEM AS
A RESOLUTION.
Mr. Garcia -Pedrosa: You need a second roll call. It is an emergency
ordinance.
Mr. Plummer: I thought it was a resolution.
Mayor Ferre: Call the roll again.
Mr. Garcia -Pedrosa: No, no, emergency ordinance.
Mayor Ferre: You have not read the ordinance.
Mr. Ongie: That's what I said before. We never read the ordinance.
Mr. Garcia -Pedrosa: I did, I did, Mr. Mayor. I read it while you
were out.
Mayor Ferre: I was out while you read the ordinance?
Mr. Garcia -Pedrosa: Yes, sir.
Mr. Ongie: He did not.
Mayor Ferre: Read it again.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE APPROPRIATING ANTICIPATED
REVENUES FROM PROCEEDS OF THE PROPOSED SALE OF
$20,000,000 POLICE HEADQUARTERS AND CRIME PREVENTION
FACILITIES GENERAL OBLIGATION BONDS FOR THE FOLLOWING
PROJECTS: AN AMOUNT NOT TO EXCEED $5,000,000 FOR THE
ESTABLISHMENT OF A FULL SERVICE POLICE SUB -STATION
FACILITY IN THE LITTLE HAVANA AREA AND AN AMOUNT NOT
TO EXCEED $5,000,000 FOR THE ESTABLISHMENT OF A FULL
SERVICE POLICE SUB -STATION FACILITY IN THE LIBERTY
CITY AREA.
Was introduced by Commissioner Dawkins and seconded by
Commissioner Perez 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:
I
67 g 184
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AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Dawkins and
seconded by Commissioner Perez, adopted said Ordinance by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9803
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Com-
mission and to the public.
83. EMERGENCY ORDINANCE: AMEND ANNUAL EXISTING CAPITAL IMPROVEMENT
APPROPRIATIONS ORDINANCE BY INCREASING APPROPRIATIONS FOR SWIMMING
POOLS RENOVATIONS.
Mr. Gary: Mr. Mayor, I need two more items, please.
Mayor Ferre: O.K., I'm here.
Mr. Gary: One deals with the emergency improvements to the pools, so
we can have them working this summer. The other item is 39.
Mayor Ferre: We voted for that pool. That's the $500,000.
Mr. Gary: Yes, and we have to appropriate the money now, Mr. Mayor.
Mayor Ferre: All right, Dawkins moves and Plummer seconds.
Mr. Gary: You have it before you.
Mayor Ferre: Further discussion? Is it an ordinance?
Mr. Garcia Pedrosa: It is a resolution in my supplementary packet,
Mr. Mayor.
Mayor Ferre: Define it.so the record will be clear.
Mr. Garcia -Pedrosa: Wait a minute. I thought you were talking about
item 39. Hold on. Here you go, Mr. Mayor.
sl
FEB 91984
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO.
9534, ADOPTED DECEMBER 9, 1982, THE EXISTING
CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE,
AS AMENDED, BY INCREASING APPROPRIATIONS FOR
SWIMMING POOL RENOVATIONS IN THE AMOUNT OF
$250,000 FROM A CONTRIBUTION FROM THE DEBT
SERVICE FUND IN THE CAPITAL IMPROVEMENT FUND;
CONTAINING A REPEALER PROVISION AND A SEVERA-
BILITY CLAUSE.
Was introduced by Commissioner Dawkins 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 Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Dawkins and
seconded by Commissioner Plummer, adopted said Ordinance by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9804
The City Attorney read the ordinance into; the record and
announced that copies were available to th^ members of the City Com-
mission and to the public.
M RnI.T. C AT.T.
* Mr. Carollo: I think we better change the Administration before we
have a shooting confrontation. It seems I heard that before somewhere.
69
YEB
LQ1
---------------------------------- --------------------------------------
84. FINAL CLARIFICATION OF MOT10N CONCERNING THE DISMISSAL OF
FORMER POLICE CHIEF KENNETH HARMS.
Mr. Carollo: Mr. Clerk.
Mr. Ongie: Yes, sir.
Mr. Carollo: I would like for you again to clarify for the umpteenth
time the motion and the intention of the motion that we last made on
sending the request to the State Attorney's office, having her be the
one that is inviting Mr. Harms to appear before the Grand Jury.
Mr. Ongie: Yes, sir. It would now be a motion referring the matter of
the dismissal of the former Chief of Police to State Attorney Janet
Reno, requesting her to invite former Police Chief Harms to appear be-
fore her to answer any questions, or make any statements and if she
sees fit to refer the matter to the Grand Jury for further investigation
and also investigation of any possible violations of law in connection
with the files.
Mr. Carollo: Okay, now, that has been read, I...
Mr. Plummer: Excuse me - on the record, that was a motion made by
Commissioner Carollo and seconded by Perez. Is that correct?
Mr. Ongie: Yes, sir.
Mr. Plummer: And it was a unanimous vote? No!
Mr. Ongie: No.
Mr. Carollo: What was the vote on that again, Mr. Clerk.
Mr. Plummer: It was unanimous, as I recall.
Mr. Ongie: Yes, I am sorry, it was.
Mr. Plummer: Okay, go ahead.
Mr. Carollo: Okay, I would like to ask the seconder of the motion, Com-
missioner Perez, if it was your intention to have the State Attorney
directly invite the Police Chief to appear before the Grand Jury.
Mayor Ferre: No, that is not what the motion read!
Mr. Carollo: I will let it be at that, Mr. Mayor. I think that •- at
least it is more than obvious to me what has happened.
Mayor Ferre: The motion speaks for itself.
END OF DISCUSSION.
ld
170 FEB 91984
0
0
85. INDUCING THE WITHIN -NAMED PROJECT SPONSORS TO INCUR CERTAIN COSTS
WITH RESPECT TO CERTAIN MULTI -FAMILY RENTAL HOUSING DEVELOPMENTS.
Mr. Carollo: Any further business that we have before us today?
Mr. Gary: Item 39.
Mr. Garcia -Pedrosa: He wants item 39; I need to make a clarification
about the town hall meeting.
Mayor Ferre: What it item 39?
Mr. Garcia -Pedrosa: That's the one I started to say is in my supplementary
packet, Mr. Mayor.
Mayor Ferre: Are we ready to vote on it?
Mr. Plummer: I am asking what it is.
Mr. Garcia -Pedrosa: It is the affordable rental housing inducement
resolution.
Mr. Plummer: And what does it do?
Mr. Garcia -Pedrosa: Inducing the within named project sponsors to
incur certain costs in connection with the development of certain
multi -family rental housing development projects in the City of Miami
Affordable Rental Housing Development Program.
Mr. Plummer: Do you recommend it, Mr. Gary? I move it.
Mayor Ferre: It's been moved. Is there a second? Perez seconds.
Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 84-205
A RESOLUTION INDUCING THE WITHIN NAMED PROJECT
SPONSORS TO INCUR CERTAIN COSTS WITH RESPECT TO
CERTAIN MULTI -FAMILY RENTAL HOUSING DEVELOPMENTS.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Perez, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
sl
FEB 91984
-------------------------------------- ------------------------------------
86. CLARIFICATION OF THE PROPOSED TOWN HALL MEETINGS DISCUSSION
STIPULATING THEY WOULD NOW BEGIN IN APRIL OF 1984.
--------------------------- ---------------------------------------------
Mayor Ferre: Anything else?
Mr. Garcia -Pedrosa: Yes, sir, Mr. Mayor, this morning you voted to have
certain town hall meetings. It appears that we only have 28 days between
now and the first meeting of March. The Code requires 30 days for any
of location; therefore, the March town hall meeting will not be able to
take place, but we can do it for the subsequent months.
Mayor Ferre: Let the record so reflect. The first on will be in April.
ADJOURNMENT:
There being no further business to come before the City Commission,
on motion duly made and seconded, the meeting was adjourned at 8:30 P.M..
MAURICE A. FERRE
Mayor
ATTEST: RALPH G. ONGIE
City Clerk
MATTY HIRAI Assistant City Clerkrr
� �4_v 04 ,
,_ 172
FEB 9 904
. ...'
clo"ry of rVp)
r
DOCUMENT
INDEX
MEETING DATE:
FEBRUARY 9, 1984
COMMISSION RETRILVA6
DOCUMENT IDENTIFICATION ACTION AND CODE NO
URGING METRO DADE ACOUNTY BOARD OF COUNTY COMMISSIONERS
TO EXTEND -ITS REGULATION OF FOR -HIRE VEHICLES BY ENACTING
ORDINANCES WHICH WOULD INCLUDE THE REGULATION OF HUMAN -
POWERED FOR -HIRE VEHICLES.
R-84-136
CONDOLENCES OF THE CITY COMMISSION TO THE FAMILY AND
FRIENDS OF DANTE JON FASCELL
R-84-141
REQUIREMENTS FOR FORMAL SEALED BIDS FOR THE PURCHASE BY
DEPT. OF BUILDING AND VEHICLE MAINTENANCE OF BASIS
R-84-144
AUTOMOTIVE PARTS
CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF PINES
SANITARY SEWER IMPROVEMENT SR-5450-S
R-84-145
CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF PINES
SANITARY SEWER IMPROVEMENT SR-5450-C.
R-84-146
ORDERING WEST FLAGLER STREET SANITARY SEWER IMPROVEMENT
PHASE II SR-5495-C.
R-84-147
COMPLETED CONSTRUCTION BY LANZO CONSTRUCTION COMPANY OF
CENTRAL SANITARY SEWER IMPROVEMENT
R-84-148
TO PERMIT PATRICK WHITE TO PARTICIPATE IN THE MULTI -
FACILITY REHABILITATION PROGRAM.
R-84-149
BIDS FOR THE PURCHASE OF ELEVEN POLICE MOTORCYCLES
RADIOS FOR THE DEPARTMENT OF BUILDIND AND VEHICLE
R-84-150
MAINTENANCE.
AFFIRMATIVE VOTE OF CITY COMMISSION ON LINE DISK PACK
MANAGEMENT SYSTEM FOR DEPARTMENT OF COMPUTERS AND
COMMUNICATIONS
R-84-151
AGREEMENT WITH COCONUT GROVE CARES,INC. FOR OPERATION OF
THE ELIZABETH VIRRICK BOXING GYM.
R-84-152
AUTHORIZING ALLOCATION OF $5,355.00 TO COCONUT GROVE
CARES, INC.
R-84-153
APPOINTING EDWARD HOUSTON AND STANLEY DODD AS MEMBERS OF
THE BOARD OF DIRECTORS OF THE DOWNTOWN DEVELOPMENT
AUTHORITY.
R-84-154
PUBLIC OBSERVATION PIER TO BE DONATED BY HAMILTON
CORPORATION IN MAGNOLIA PARK.
R-84-155
PROFESSIONAL SERVICES FOR THE RENOVATION OF THE BLUE
LAGOON PARK.
R-84-156
SUPPLEMENTAL AGREEMENT WITH ALBERT R. PEREZ ASSOCIATES FOR
THE CHARLES HADLEY PARK RENOVATION PROJECT.
R-84-157
:i
r
DOCUMEN-T•INDEX
CONTINUED PACE #=
DOCUMENT IDENTIFICATION
APPROVING IN PRINCIPLE THE "HAITIAN NEEDS: AD HOC
COMMITTEE RECOMENDATIONS". AREA BOUNDED BY BISCAYNE
BOULEVARD/FLORIDA EAST COAST RAILROAD RIGHT OF WAY. I R-84-158
APPROVING IN PRINCIPLE THE EDISON CENTER BUSINESS
DISTRICT ECONOMIC DEVELOPMENT STRATEGIES FOR AN AREA
ON THE EAST, N.W. LOTH AVENUE ON THE WEST. I R-84-159