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HomeMy WebLinkAboutCC 1983-11-16 MinutesF � m orta Ww's"M ash CITY OF.. MIAMI COMMISSION MINUTES OF MEETING HELD ON November 16, 1983 (ORGANIZATIONAL AND REGULAR) PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL RALPH G.. ONGIE CITY CLERK f f :TEM NO. ' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 *iw CITY'ISSIffFfAN1I, FLORIDA PAGE 4� 1 ORGANIZATIONAL AND SJp.JG.CT NOVEMBER 16, 1983 REGULAR SWEARING IN CEREMONY FOR MAYOR MAURICE FERRE, COMMISSIONER JOE CAROLLO, COMMISSIONER J.L. PLUMPER; STATEMENTS BY EACH OF THESE NEWLY FT,Fr..TFn OFFICIALS AND THANK YOU'S TO THEIR WORKERS AND SUPPORTERS. APPROVAL OF MINUTES OF REGULAR AND SPECIAL CITY COMMISSION MEETINGS FOR SEPTEMBER 7TH, 12TH, 16TH AND 24TH. AUTHORIZE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $35,000. AS A CONTRIBUTION TO THE FLORIDA EXPORTERS AND IMPORTERS CONFERENCE. RESOLUTION TO PERMIT SALE OF ALCOHOLIC BEVERAGES BY LIQUOR PACKAGE STORES. NCOP. ON SUNDAYS DURING THE MONTH OF DECEMBER, 1983, 10:00 A.M. TO 10:00 P.M. AUTHORIZE AND DIRECT CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $8,000 AS A CONTRIBUTION TO UPGROVE FESTIVAL THEATRE BLACK NATIVITY FOR PERFORMANCES TO BE GIVEN AT GUSMAN HALL. MOTION TO OFFICIALLY ACCEPT THE CERTIFICATION AND DECLARATION OF RESULTS OF THE CITY CLERK FOR THE PRIMARY, SPECIAL AND REGULAR CITY OF MIAMI CITY ELECTIONS HELD DURING THE MONTH OF NOVEMBER, 1983. RESOLUTION APPOINTING AND ELECTING COMMISSIONER MILLER J. DAWKINS AS VICE -MAYOR OF THE CITY OF MIAMI FOR A TERM OF ONE YEAR. RESOLUTION WAIVING TIME LIMITATION FOR FIREWORKS DISPLAY, ORANGE BOWL STADIUM, DECEMBER 9, 1983. DECLARING THE INTENT OF THE CITY COMMISSION THAT PUBLIC PROJECTS FINANCED BY PUBLIC FUNDS; CETA PARTICIPANTS WHO ARE TO BE GIVEN PRIORITY. ALLOCATE UP TO $10,000 TO PROFESSIO, INC. FOR ITS ONGOING PROGRAM PROVIDING FREE MEDICAL SERVICES FOR THE NEEDY. ALLOCATE AN AMOUNT NOT TO EXCEED $14,000 FROM FEDERAL REVENUE FUNDS FISCAL '83-184 TO THE HOME FOR THE BLIND. RATIFY AND CONFIRM ACTION OF CITY MANAGER IN AUTHORIZING AN EXPENDITURE OF $5,810.60 FOR EMERGENCY REPAIR OF THE UNINTERRUPTABLE POWER SUPPLY SYSTEM OF THE MIAMI POLICE STATION. RATIFY, APPROVE AND CONFIRM ACTION OF CITY MANAGER IN FINDING TREE AND SOB PLANTING PROJECTS FUNDED BY SMALL BUSINESS ADMINISTRATION. ACCEPT COMPLETED WORK; LANZO CONSTRUCTION COMPANY- KOUBEK SANITARY SEWER IMPROVEMENT. SR-5477-C & S. WAIVE BY FOUR -FIFTH AFFIRMATIVE VOTE AFTER PUBLIC HEARING THE PROHIBITION OF AN APPEARANCE OF A FORMER CITY OFFICE, LAURA TINDALL HOWELL, FORMER ZONING INSPECTOR COMMENDATION TO POLICE OFFICERS KENNETH DINTER AND OSCAR VARGAS. RESowuriON PAGE N0, DISCUSSION 1 1-7 DISCUSSION 8 M-83-1012 8-9 R-83-1013 9 M-83-1014 10 M-83-1015 10-11 R-83-1016 1 11-12 R-83-1017 12-13 M-83-1018 13-15 R-83-1019 15-16 M-83-1020 16-17 R-83-1021 18 R-83-1022 1 19 R-83-1023 19-20 R-83-1024 1 20 DISCUSSION 21 f 9 III Cj�l9j?STlffFfAqFo&DA PAGE # 2 QRDORGANIZATIONAL AND INMCE � � R 198 MSOL UTION 1110 PAR NO, TEM N0. REGULAR NOVEMBE 1 6 3 17 AUTHORIZE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $7,560. AS A CONTRIBUTION TO THE COUNCIL FOR INTERNATIONAL VISITORS. M-83-1025 21-22 18 EMERGENCY ORDINANCE: INCREASE APPROPRIATIONS FOR JOSE MARTI PHASE I IN THE AMOUNT OF $20,000 AND JOSE MARTI PHASE II IN THE AMOUNT OF $20,000 FROM 1972 PARK AND RECREATION FACILITIES GENERAL OBLIGATION FUND. I ORD. 9736 23 19 411 21 22 23 24 25 26 27 28 FIRST READING ORDINANCE: REPEAL ORDINANCE 9341 AS AMENDED AND ORDINANCE 9530 AS AMENDED DEALING WITH MINORITY PROCUREMENT AND SUBSTITUTING THEREFOR A NEW MINORITY PROCUREMENT ORDINANCE KNOWN AS "THE MINORITY PROCUREMENT PROGRAM ORDINANCE OF THE CITY OF MIAMI FLORIDA. EMERGENCY ORDINANCE: ESTABLISH A SPECIAL REVENUE FUND ENTITLED LOCAL OPTION GAS TAX TRANSPORTATION SYSTEM MAINTENANCE AND IMPROVEMENT FOR IMPLEMENTATION IN FISCAL YEAR 1983—'84. EMERGENCY ORDINANCE: ESTABLISH NEW ENTERPRISE FUND ENTITLED XXI LOCAL OPTION GAS TAX TRANSPORTATION ENTERPRISE FUND. EMERGENCY ORDINANCE: AMEND EXISTING CAPITAL IMPROVEMENT APPROPRIATION ORDINANCE; APPROPRIATE $6,500,000 FOR LAND ACQUISITION AND SITE ASSEMBLY FOR THE AFFORDABLE RENTAL HOUSING PROGRAM. DEFERRAL OF CONSIDERATION OF A SECOND READING ORDINNACE MAKING APPROPRIATONS FOR THE DOWNTOWN DEVELOPMENT AUTHORITY FOR FISCAL YEAR ENDING SEPTEMBER 30, 1984. DEFERRAL OF CONSIDERATION OF SECOND READING ORDINANCE RELATING TO THE TOWING OF MOTOR VEHICLES WHICH WOULD AMEND CHAPTER 42 OF THE CITY CODE. SECOND READING ORDINANCE: AMEND SECTION 54-39 OF THE CODE OF THE CITY OF MIAMI, CONCERNING COSTS FOR STREET RESTORATION BY PROVIDING FOR TIME FOR COMPLETION; CONSEQUENCES OF FAILURE TO COMPLETE STREET RESTORATION, ETC. AUTHORIZE CITY MANAGER TO ALLOCATE AN AMOUNT EQUAL TO THE AMOUNT CONTRIBUTED BY THE CITY LAST FISCAL YEAR THEODORE R. GIBSON ORATORICAL/DECLAMATION CONTEST. SECOND READING ORDINANCE: ESTABLISH A NEW SPECIAL REVENUE FUND ENTITLED "PRE—SCHOOL PROGRAM" AND APPROPRIATING FUNDS FOR ITS OPERATION. SECOND READING ORDINANCE:AMEND ANNUAL APPROPRIATIONS ORDINANCE, DEPARTMENT OF COMMUNITY DEVELOPMENT FOR THE PURPOSE OF FUNDING A COMMUNITY DEVELOPMENT SPECIALIST POSITION AND CITIZENS RESPONSE CENTER INFORMATION VAN TO ACT AS A LIAISON WITH THE HAITIAN COMMUNITY. FIRST READING 24 ORD. 9737 25-26 ORD. 9738 26-27 ORD. 9739 28 DISCUSSION 29-30 DISCUSSION 31-36 ORD. 9740 36-39 M-83-1026 40 ORD. 9741 41-42 ORD. 9742 43 t c f CJ#IIJJIffFI"UfiF&DA PAGE If 3 {TEM NO. GANIZATIONAL AND REGULAR NOVE4BER 16, 1983 SmcT INMCE OR REsoLuTioN No PAGE N0, 29 SECOND READING ORDINANCE: ESTABLISH A NEW SPECIAL REVENUE FUND ENTITLED "PARKS DEVELOPMENT FUND" FOR IMPLEMENTATION 1983-1984. ORD. 9743 44 30 SECOND READING ORDINANCE: AMEND CHAPTER 22 ENTITLED !',ARBAG E AND TRASH OF THE CODE OF THE CITY OF MIAMI, FLORIDA, RELATING TO WASTE FEES TO CONSTITUTE SPECIAL t".SSESSMENT LIENS AGAINST ALL IMPROVED REAL PROPERTY. ORD. 9744 44-46 31 FIRST READING ORDINANCE: AMEND CHAPTER 30-53 BY REVISING FEE SCHEDULES FOR CITY OF MIAMI GOLF COURSES. FIRST READING 46 32 FIRST READING ORDINANCE: AMEND ANNUAL APPROPRIATIONS ORDINANCES; INCREASE APPROPRIATIONS TO ENTERPRISE FUND FROM MIAMI SPRINGS GOLF COURSE TO PERMIT THE LEASING OF 65 ELECTRIC GOLF CARTS. FIRST READING 47 33 FIRST READING ORDINANCE: AMEND SECTION 39-15 OF CHAPTER 39 OF THE CODE ENTITLED PEDDLER'S, ITINERANT MANUFACTURERS, LOCKSMITHS, AND TOOL GRINDERS, ICE CREAM VENDORS, ETC., REPEAL THE PROVISION WHICH PROHIBITED RETAIL PEDDLERS SOLICITING BUSINESS WITHIN 300 FEET OF ESTABLISHED BUSINESSES AND SELLING LIKE GOODS. FIRST READING 48 34 FIRST READING ORDINANCE: SET FORTH PROPOSED CHARTER AMENDMENT NUMBER 1, CORRECTING GRAMMATICAL, SYNTACTICAL AND LINGUISTIC ERRORS, ELIMINATING OBSOLETE OR REDUNDANT PROVISIONS AND RESTRUCTURING AND RENUMBERING CHARTER SECTIONS. FIRST READING 49-50 35 ACCEPT COMPLETED WORK-SHAFTER AND MILLER, INC., DOWNTOWN GOVERNMENT CENTER. R-83-1027 50-51 36 ALLOCATE $3,117.29 TO SATISFY FINANCIAL OBLIGATIONS TO COCONUT GROVE LOCAL DEVELOPMENT CORPORATION. R-83-1028 51 37 REQUEST FINANCIAL ASSISTANCE IN THE AMOUNT OF $455,000 FROM FLORIDA BOATING IMPROVEMENT PROGRAM. R-83-1029 52 38 RATIFY AND CONFIRM PAYMENT OF $20,000 TO CORONADO STUDIOS FOR THE PRODUCTION OF A TEN MINUTE FILM OF THE INAUGURATION OF THE MIAMI CONVENTION CENTER. R-83-1030 53 39 WAIVE THE COMPLIMENTARY TICKET LIMITATION 500 MAXIMUM AS MANDATED IN SECTION 53-141 OF THE CODE OF THE CITY FOR THE PARTNERS FOR YOUTH UNIVERSITY OF MIAMI/ CITY OF MIAMI PROGRAM CONCERNING THE ADMISSION OF YOUTH TO THE UNIVERSITY OF MIAMI HURRICANES HOME GAME. R-83-1031 53-54 40 AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT; INSTITUTE FOR PUBLIC POLICY OPINION RESEARCH (IPPOR) TO CONDUCT RECREATION NEEDS ASSESSMENT SURVEY FOR THE CITY. R-83-1032 54 41 RESOLUTION OFFICIALLY NAMING THE PARK PRESENTLY KNOWN AS THE BRICKELL PLAZA MINI PART AT S.E. 1ST AVENUE AND LOTH STREET TO BE NAMED THE ALLEN MORRIS, SR. MINI -PARK. R-83-1033 55 42 AUTHORIZE CITY MANAGER TO EXECUTE INDIVIDUAL CONTRACTUAL AGREEMENTS WITH 8 NEIGHBORHOOD ECONOMIC DEVELOPMENT ORGANIZATIONS. R-Rz-10 j4 56-57 L- f ITEM NO. 43 44 45 46 47 48 49 50 51 52 53 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 .ItdEX CIlYt00NP1SSIff AMI, &DA &UCT ORGANIZATIONAL AND REGULAR NOVEMBER 16, 1983 AUTHORIZE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT. WITH BOSWORTH AERIAL SERVICES, INC. FOR AERIAL PHOTOGRAPHY OF THE CITY OF MIAMI. RATIFY, APPROVE AND CONFIRM CITY MANAGER'S ACCEPTANCE OF GRANT FROM THE STATE OF FLORIDA DEPARTMENT OF VETERAN AND COMMUNITY AFFAIRS FOR A CHILD DAY CARE PROGRAM. ACCEPT BID: ALLAPATTAH INDUSTRIAL AREA HIGHWAY IMPROVEMENT PHASE IB-B-4485. ACCEPT BID. 95 FIRE NOZZLES FOR THE DEPARTMENT OF FIRE RESCUE AND INSPECTION SERVICES. ACCEPT BID: BASE BID PLUS ADDITIVE ALTERNATIVES #3, #5, AND #7 OF THE PROPOSALS FOR JOSE MARTI RIVERFRONT PARK, PHASE II, SECOND BIDDING. ACCEPT BID: PURCHASE OF ONE RADIO PAGING BASE STATION FOR THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE. ACCEPT BID: 4,000 STADIUM SEATS, BACKS AND PARTS FOR THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE. ACCEPT BID: CITY WIDE SANITARY SEWER IMPROVEMENT ALLAPATTAH INDUSTRIAL AREA DISTRICT. SR-5497-C. ACCEPT BID: GRAND AVENUE SIDEWALK IMPROVEMENT H-4483. ACCEPT BID: ONE TRUCK TRANSMISSION FOR TEH DEPARTMENT OF FIRE RESCUE AND INSPECTION SERVICES. PAGE # 4 r�,',',",JT%N%� PAGE N0, CONSENT AGENDA DIRECTIVE TO PUBLISH A NOTICE OF PUBLIC HEARING FOR COMPLETION OF WORK BY RUSSELL, INC. OF MANOR HIGHWAY IMPROVEMENT -PHASE II-H-4473. COVENANT TO RUN WITH THE LAND RELATING TO INSTALLATION OF A COMPUTER DUCT BANK. N.W. 4TH STREET. LEASING OFFICE SPACE AT THE CULMER/OVERTOWN NEIGHBORHOOD SERVICE CENTER FOR USE BY THE DEPARTMENT OF COMMUNITY DEVELOPMENT, OVERTOWN JOBS PROGRAM. TRANSFERRING PUBLIC RIGHT OF WAY TO STATE HIGHWAY SYSTEM. COMMUNITY OUTREACH CENTER BY THE OFFICE OF PROFESSIONAL COMPLIANCE. REPORT BY RUSSELL, MARTINEZ, AND HOLT, ARCHITECTS, INC. FOR MIAMI DESIGN PLAZA STRUCTURE. SUPPORT OF GOLDEN YEARS, INC. TENTH ANNUAL HOLIDAY DINNER. FUNDS TO THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONCORTIUM FOR ARMANDO MACHADO. EXTENSION OF SOUTHEAST MIAMI AVENUE ROAD (BRICKELL PLAZA. R-83-1035 57-58 R-83-1036 58 R-83-1037 59 R-83-1038 60 R-83-1039 60-61 R-83-1040 61 R-83-1041 62 R-83-1042 63 R-83-1043 64 R-83-1044 64-65 65 R-83-1045 1 67 R-83-1046 67 R-83-1048 67 R-83-1049 68 R-83-1050 68 R-83-1051 68 R-83-1052 68 R-83-1053 68 R-83-1054 t t colgi?sTiff FIAF & DA PAGE # 5 QRDINANCE ° :TEM NO. ORGANIZATIONAL AND REGULA&UCT NOVEMBER 16, 1983 KEsoLuT i ay PAGE N0, 53.10 WAIVING FEE TO AMERICAN CANCER SOCIETY GOLF CARD HOLDER FOR SUMMER,AT MELREESE COURSE. R-83-1055 69 53.11 WAIVING FEE TO AMERICAN LUNG ASSOCIATION GOLF PRIVILEGES CARD HOLDER FOR SUMMER AT MELREESE COURSE. R-83-1056 69 53.12 COMPUTER STOCK PAPER FROM THE ARNOLD CORPORATION UNDER AN EXISTING CONTRACT WITH STATE OF FLORIDA. R-83-1057 69 53.13 SUPPORT OF FIELD INTERNSHIP PROGRAM CONDUCTED BY THE NATIONAL URBAN FELLOWS, INC. R-83-1058 70 53.14 PURCHASE OF VEHICULAR PARTS AND SUPPLIES. R-83-1059 70 54 FORMALIZATION OF PRIOR MOTION -ALLOCATE $10,000 TO COVER COST OF ROUND GRIP PLANE TICKETS, MIAMI/SANTO DOMINGO FOR FIVE PLAYERS OF THE TONY TAYLOR BASEBALL ACADEMY. R-83-1060 70 55 FORMALIZING RESOLUTION OF PRIOR MOTION -ALLOCATE $3,164.38 TO COCONUT GROVE CARES FOR ONE MONTH'S OPERATION OF THE ELIZABETH VIRRICK BOXING PROGRAM. R-83-1061 71 56 DISCUSSION AND DEFERRAL OF CONSIDERATION OF APPOINTMENT OF INDIVIDUAL TO THE DESIGN REVIEW COMMITTEE. DISCUSSION 72-74 57 CLAIM SETTLEMENT:GHISLAINE BIEN-AIME REPRESENTATIVE OF THE ESTATE OF LAFONTANT BIEN-AIME, DECEASED. R-83-1062 74 -75 58 ACCEPT BID: EXPANSION OF FIRE ALARM OFFICE. R-83-1063 75-76 59 BRIEF DISCUSSION ITEM CONCERNING DURATION OF PERSONS SERVING ON BOARDS AND COMMITTEES; REQUEST FOR THIS ITEM TO BE PUT ON A FUTURE AGENDA. DISCUSSION 76-77 60 DIRECT CITY MANAGER TO ALLOCATE AN ADDITIONAL 1/12TH FUNDING FOR EXISTING SOCIAL SERVICE PROGRAMS. M-83-1064 77-90 61 A MOTION OF THE CITY COMMISSION SKATING THEIR COMMITMENT TO FUND UNDER F.R.S. FUNDS A PROGRAM KNOWN AS THE MARTIN TECHNICAL COLLEGE IN THE FULL AMOUNT OF $175,000 FY'83-' 84 FUNDS. M-83-1065 90-93 C \J MINUTES OF ORGANIZATIONAL MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 16th day of November, 1983, the City Commission of Miami, Florida met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in an organizational session. The meeting was called to order at 2 O'clock P.M. by Mayor Maurice A. Ferre with the following members of the Commission found to be present: ALSO PRESENT: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Vice -Mayor J. L. Plummer, 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 Mayor Ferre: Ladies and gentlemen, Senores and Senoritas, I have asked and invited my friend Xavier Suarez and his wife to join us. Xavier and I had breakfast this morning and I have asked him for his cooperation and his involvement in the City of Miami and I am proud to say that now that the campaign is over we go back to where we were before. I hope that our friendship will deepen through the process and that the beneficiaries will be the people of Miami. Xavier Suarez is a young man who has a lot to offer to the people of Miami and I think that the time will come where he and I in the very near future will be serving so that the Black and the White community, the English and the Spanish speaking, the Christians and Jews, all of the people of Miami will be working together the way it should be. When we all divide in campaigns and I resent very much the national press sometimes asking me about ethnic politics of Miami. Chicago has ethnic politics, Los Angeles has ethnic politics, New York has ethnic politics, we all divide. We divide along religious lines and there is nothing wrong with that. Why shouldn't an Irish Catholic vote for an Irish Catholic? That's understandable. Why shouldn't Blacks vote for Blacks? That's understandable. Why shouldn't people in labor vote for people in labor? That's understandable. Why shouldn't Republicans vote for Republicans? That's understandable. But what happens and the American way is that once the election is over the healing begins, the wounds are cauterized and we begin the process together as a united people. I thank Xavier Suarez for being here today. Mr. Xavier Suarez: I want to annouce that we did have breakfast together this morning and very importantly neither one of us got indigestion. I have promised Mayor Ferre to participate in governance of the City of Miami and cooperate with them so that the City will come together again. I have particularly promised to help in anything that will improve citizen participation. He has acknowledged that we could improve in that area and finally, to bring those people who have been alienated from the political process back into the political process of the City of Miami. And I think we are both very encouraged by the incredible turn out that took place and in view of the fact that the incredible turn out and that the citizen participation that occurred put him back into the Mayor's seat, I have to participate and cooperate with him and I will do so as long as he ask me for it. And I thank all of you for being here today. Mayor Ferre: Alright, I would like to ask Reverend Anorga to please step forward. Is there a... I hate to put it to you this way, but is there a rabbi or is there a priest or a protestant minister present? Do we have a priest here? Mr. Plummer: Father Barry. Mayor Ferre: Is Father Barry here? gl �1 NOV 161983 t f UNIDENTIFIED SPEAKER: What about Father Major. Mayor Ferre: Alright, Father Major. Wonderful. Alright, and Reverend Morgado and I think we also,... and Reverend Nage is here. Would all of you please step forward. Alright, ladies and gentlemen,... Reverend Rudolph is also here. Would he please come forward. We have a lot of preachers and priests, so I don't want to exclude anybody, but make your prayers brief. I would like to invite for the first prayer today my godmother, who is a nun. And she is a missionary nun in Puerto Rico and Sister Esolina Ferre is here and I would like for her to say the first prayer. (AT THIS POINT THE MAYOR SPEAKS IN SPANISH). Sister Esolina Ferre: (AT THIS POINT SISTER FERRE SAYS A PAYER IN SPANISH). Dear Lord, Father of all of us, I ask of you to bless the Mayor of this City, Maurice Ferre and also to bless everyone in this City and to make us remember that we are all children of God and that no matter what we will leave like children of God united to help to make a better city for our children and a better nation for all of us. Amen. Mayor Ferre: I understand Reverend Hinson is also here. If he would please step forward. Now, I am not going to have the wisdom of Solomon, so rather than to take any particular order, I will start in the right and then we will go right down and if you would each of you... those of you that are religious, if you would each say a prayer with us, I think that will greatly set the tone of what we need to do in the city in the next two years. UNIDENTIFIED SPEAKER: I am going to pray in Spanish and English, because we are bilinguals. (AT THIS POINT THE SPEAKER PRAYS IN SPANISH). Our heavenly Father, we come to thee with gratitude in our hearts for all thy blessings to ask for thy present in our life because you are our God, the creator of mankind and in this hour we come to thee giving thanks for the re-election of thy servant, Maurice Ferre. Bless him in his life and in his administration. Bless his family and Father that his administration be a success, not for him, but for all the community to whom he serves. Bless us in this hour and give him and give us the presence of thy holy spirit. The holy spirit in the name of our Lord Jesus Christ. Amen. UNIDENTIFIED SPEAKER: Shall we pray. To the Triune God, the solvent power of all humanity, the great architect of the universe, it is to thee we lift our hearts and yet with a spirit of contrition. We humbly acknowledge our human frailty. Ours is a city that has been torn by the ravishes of poverty It is a city that has been toren by the problematic conditions of ethical and ethnic separation, but despite the maladies of the moment and the maladies of yesterday, we call upon thee to grant to each of us a sense of unity of purpose, that the administration now before us in the person of Maurice Ferre will continue not to respond just to a segment, but be responsible to all of the people of this city. We are residents here. We want to live together. We want to make it a prosperous city. We want our lives to be enhanced. How then can we do it without your guidance and direction. We pray for all who are aggregated here today and that the word will go forth that this is our city and what has happened has happened because we have participated to make it so. Keep us in thy care and keep us under the shadows of thy presence through Christ our Lord. Amen. UNIDENTIFIED SPEAKER: (AT THIS POINT THE SPEAKER PRAYS IN SPANISH). Father Kenneth Major: Let us pray. Eternal God and heavenly Father, we pray thy blessings upon this City of Miami. Send down upon its Commissioners and particularly upon your servant, its Mayor elect Maurice Ferre, who is now to take the oath of office, the spirit of wisdom, charity and justice, that with steadfast purpose they may faithly serve in their office and promote the well being of all the people of this great city. Grant that all barriers which divide us may crumble, suspicions disappear and hatred cease. That our divisions be healed, we may live in justice and peace and finally grant that we may every keep before our eyes the vision of that city which have foundations who's builder and maker is you oh God. Amen. UNIDENTIFIED SPEAKER: All mighty God our heavenly Father, we thank thee for this great country of our and for the great blessings thy has given us, freedom and democracy. We ask thy blessing, a special blessing upon our elected Mayor, Vice -Mayor, Councilmen and upon all those who are serving our city and our mankind in the name of our Ford Jesus Christ. Amen. gl 02 NOV 161983 3 ►J 1. SWEARING IN CEREMONY FOR MAYOR MAURICE FERRET COMMISSIONER JOE CAROLLO, COMMISSIONER J. L. PLUMMER; STATEMENTS BY EACH OF THESE NEWLY ELECTED OFFICIALS AND THANK YOU'S TO THEIR WORKERS AND SUPPORTERS. Mayor Ferre: Alright, would the Clerk step forward and the first swearing in and the first statement will be made by Commissioner Joe Carollo. If the Clerk will just swear each one of us in and then we will each sit down and make whatever statements we have. So, why don't you swear Commissioner Carollo with his family right here in the middle. Mr. Ongie: Do you Joe Carollo solemnly swear that you will protect and defend the constitution and the laws of the United States of America and of the State of Florida, and in all respects faithfully discharge the duties of City Commissioner Group II of the City of Miami, Dade County, Florida? Mr. Carollo: I do. (APPLAUSE). Mr. Ongie: Congratulations. (APPLAUSE) Mr. Ongie: Do you J. L. Plummer, Jr. solemnly swear that you will protect and defend the constitution and the laws of the United States of America and of the State of Florida, and in all respects faithfully discharge the duties of City Commissioner Group III of the City of Miami, Dade County, Florida? Mr. Plummer: I do. (APPLAUSE). Mr. Ongie: Do you Maurice A. Ferre solemnly swear that you will protect and defend the constitution and the laws of the United States of America and of the State of Florida, and in all respects faithfully discharge the duties of Mayor of the City of Miami, Dade County, Florida? Mayor Ferre: I do. (APPLAUSE). I want to thank each and everyone of you that are here whether you are supporters of J. L., Joe, of Xavier Suarez's, of mine for taking time from your day to share with us a joyous and a happy occasion. I want you to notice and I want to thank Skippy Sheppard, because I stole this bible from the Dupont Plaza this morning, that I took my oath and I thought it was important that the symbolism be there on the holy bible and that on my lapel I have the American flag. Now, ladies and gentlemen, we are each going to make our statements to the... to all of you on this occasion and I will ask my colleague, Joe Carollo, with my congratulations for his election. Now, if he wishes to do it from here or whether he wishes to sit and do it, whichever way you want to do it, Joe. Mr. Carollo: I will come over there and do it, Maurice. Mayor Ferre: Alright, fine. Mr. Carollo: And congratulations to you, too. You know one thing that we can say about Americans is that whether it's football, it's baseball or it's politics Americans play and strive to win hard. But even more important after the game or after the campaign like we just had now, it all over, Americans usually work even harder to mend fences and to have unity and I think that's the main theme that we should all keep in mind now, that we should all strive to work for. For unity, unity of all Miami. For a better Miami for all of us and most particularly, for our children. The campaign that we went through, yes, was a very fiery, very different campaign than we have been used to down here, but I will tell you, it's no different than some of the strong campaigns that we have seen, not only recently, but in years past in most other major cities. And I don't agree with the national media that has tried to make Miami look much more different than any of our other major cities. Yes, we have different ethnic groups in Miami, but so does all of the other major cities in the United States. We have all the major problems, no more, no less than all the other great American cities, but the bottom line is that for the first time in this election the national media paid more attention to us than they have had in the past and may be that was the reason that some of the things were twisted around and reported out of proportion. I think one additional gl 03 NOV 16 1983 C thing that we all have to keep in mind is that you could be proud and be very proud to be an American, but at the same time you could be very proud of your roots, of your heritage. And ladies and gentlemen, I commit to all of the people of Miami that in the next four years I will strive as hard as I possibly can with my family, with my supporters to work together with all of my colleagues in this Commission, Maurice, with J. L., with Miller, with Demetrio, for the betterment of Miami and a more united city and better city than we have had. Together we could accomplish a lot of things and I think together we will accomplish that Miami will truly be one of the major cities in every sense of the United States in the next years to come. I thank all of you that have supported me. Thank you. Mr. Plummer: Unaccustomed as I am to public speaking, ladies and gentlemen, upcoming is Thanksgiving. We have a lot to be thankful for. First and foremost thank God yesterday is behind us and we look to tomorrow for the greatness of this fine city. Ladies and gentlemen, it has been my pleasure for fourteen years to serve this City. It will be my pleasure to serve this City with the fine people that it represents and the fine people that make this one of the great cities of the United States. I look forward in the next four years to making it an even greater place for us to enjoy, to work, and to call it "Miami is for me". Thank you very much. Mayor Ferre: I would like to recognize the presence here of elected and former elected officials that I see and if I miss someone please let me know. I know that Commissioner Jorge Valdez our great representative is here, the Mayor of the great City of Sweetwater Armando Canelo, the great representative of Sweetwater Councilwoman Carmen Menedez. I understand Senator Carey Meek is here. I have not seen her. Would you... Carey, please step forward. Would Senator Carey Meek please step forward. Former Commissioner Rose Gordon is here with us today and that great friend of all Miamians former Commissioner Athalie Range. And the man responsible for my first becoming a City of Miami Commissioner and then the man responsible for my first becoming Mayor and a good friend and advisor for many years, a person who was a great Mayor of Miami, David Kennedy. I understand that former Mayor Bill Wolfarth is also here. Bill are you still here? I would also like to ask a warm hand of applause for the widow of a former colleague of ours. A man who served this community with a great deal of dignity. Many, many of the positive things that have occurred in Miami happened because of the service of the Reverend Canon Theodore Gibson and I would like to recognize Thelma Gibson. Are there any other elected officials? The great leader of Little Havana Representative Humberto Cortina. I want to congratulate Representative Cortina for only being forty-five minutes late today. Are there any other elected officials that I have not recognized at this time Now, ladies and gentlemen, rather than do to you what I did two years ago which was to speak for almost forty minutes. So as to avoid doing that I have written four pages out doubled spaced. So, it should not be more than five minutes and I would like to at this time address you and then I want to say a few words in Spanish, if you will permit me. First of all, let me say how very proud I was last night when the final figures of thirty-six thousand four hundred seventeen came in. I was also very proud when my colleague J. L. Plummer had received the thirty-four thousand beating my previous record of thirty-two thousand and letting him have the record for one week. I enjoyed sharing it for that one week. I enjoyed giving it to him. And what I liked most is that this will be an incentive for him to run for re-election one more time. The fact that I received more votes than any elected official has in Miami in eighty-seven years taking into account that the registered voters of the City of Miami had dwindled to a hundred two thousand, which is the lowest we have been in over twenty-five years is something that makes me very proud today. But I am even more proud of the tremendous turnout of sixty-seven thousand six hundred and sixty people which makes almost a sixty-four percent turnout. It is the highest turnout in any election ever in the City of Miami and it only can be equal by some of the presidential elections of the past and I think that this is a tremendous testimonial to this community. I have over the past ten years tried to be a Mayor for all of the people of Miami and I pledge to you today that I will continue to be a Mayor for all of the people of Miami. To the Black American community a very special debt of gratitude for an overwhelming vote of confidence and when I salt Black, may I also include the Haitian community which was a very important part. Although, I am not a miracle worker and have at times differed with some of the Black leadership on issues, I have and will continue to dedicate myself so that the dream of Martin Luther King will come to life in this corner of America sooner than the cynics will expect. The task is immense and we must be up to the job. Affirmative action in Miami will continue, minority procurement will continue and together we will help to create Black entreprenuership and job training for those who need it the most. gl 04 NOV 161983 C t it is no longer acceptable that the poverty level in Overtown be three times worst than in White Miami. We do not have the necessary funds to solve all of the problems, but as Downtown grows, as international trade and commerce grow, as tourism recuperates Black Miamians must participate as equals in that growth. The development surrounding the Overtown station must now move to the front burner as must the Pantry Pride Project and the Christian Hospital on Northwest 7th Avenue. To my colleague Miller Dawkins who kept his pledge to Xavier Suarez made two years ago my respects and my understanding. I pledge to work hand in hand with him as an equal partner of the City of Miami Commission for the betterment of all Miami. To the White American community my gratitude for a vote of confidence. I realize that much of it was from the Herald's positive approach to my candidacy and to the objective reporting of all of the media for which I am also appreciative and as you will notice my granddaughter is again about to steal the show. In 1961 the White American vote was mine. In 1983 is an even more positive expression of this community. This mandate imposes upon me the responsibility to maintain those positive and progressive values that have characterized the American nation and the American people for the two hundred seven years of our history. As Mayor Andy Young said when he campaigned for me last week in Miami "All major American cities at election time divide along ethnic and sometimes religious lines". That is not new. What is important is that after the election we all join together to support our elected leaders, Democrates and Republicans, Black and White, Spanish and English speaking, Christians and Jews. The election is over. Now we must unite behind our President, our Governor, our Mayor and our Commission. That is the American way. To Hispanics and to Cubans in particular, my love and my gratitude. The overwhelming vote in the non-cuban Hispanic community makes me proud of my Puerto Rican heritage and of my family strong Hispanic roots. To the Cuban community who increased their vote for me in the run-off election over the primary, my affection. I understand the deep emotions that are typical of first generation immigrants all the more when it is a group of exiles. I understand and respect the love of ones Country and the deep desire of many to return to Cuba.. I understand and admire the need for those who are now and will remain Cuban Americans to gain political respect. For those who voted for my opponent solely or mainly because he is a Cuban, my understanding. To those who voted out of frustration resulting in bitterness, my pleat for reflection and reconciliation so that we can truly fulfill Benito Juarez's dream that true peace comes only through the respect of the right of others. No one could have said it better than Jose Marti when he said "Humans are divided in two groups, those who hate and destroy and those who love and build". To those who may be bitter I wish to reiterate that I have never been nor could I be anti-cuban to the contrary I have and will continue to defend the cause of Cuba's freedom and the right to equal opportunity and upward mobility for all Cubans in Miami as for all of the people of Miami. To Xavier Suarez today I have extended an olive branch. The laurel crown, however, will not be his until we in this community approach campaigns in a positive and a creative way. I am satisfied that Xavier Suarez has both the mental, the intellectual and the moral capacity to do this. And I look forward to the opportunity when he and I and all of us jointly can work forward and I know someday that he will be an elected official of this community on his own merits and because of his capacity. It would be impossible for me nor is there time today to thank each and every person who contributed to this victory nor would it be right for me to name each person individually. They are in the thousands. But to those few dozen warriors who went with me to the trenches with bayonets pulled and did hand to hand combat, to those who raised funds, to those who gave of their time and of their strength, to those who prayed, but especially to those who gave from their hearts, my deep appreciation. To Commissioner Demetrio Perez, my colleague and friend, to my campaign manager Raul Masvidal, to my financial chairman Manny Medina, to my co-chairmen who are present with me today Commissioner Jorge Valdez, Umberto Cortina, Senator Carey Meek, Commissioner Barbara Carey and Mrs. Athalie Range, to the many people have been stanch supporters, to Mercedes my wife, to my father and I want to tell those of you who sometimes say that Mercedes is not a political wife... I want to tell you that there is no politician in this Country, including Jack Kennedy who has ever had a wife that was more important, that was more supportive, that was nicer and was more gracious and has been more understanding than has been my wife Mercedes. I want you to know that after every single election she wakes me up in the morning and she says "That's the last election" and she did it again this morning, but I want you to know that I have good persuasive powers. To my father, to my Aunt Esolina, Sister Esolina Ferre, to my cousins who flew down from Boston and from New York, to my family who have come here from Boston, New York and Puerto Rico, to my children who have been great campaigners and I'm beginning to worry about my son Poncho who is gl 05 NOV 161983 :r �MF, r!�, C beginning to like to make speeches, to my Leo and to my son Maurito who _ worked like troopers, to all of my family my deepest gratitude. I said I could not name all of the people that have been so important in this campaign and I cannot because it would take the rest of the afternoon. But I cannot of course, stop without making special mention of my assistant who has been the center, the core, the shock troops, the reinforcements who has worked twenty-four hours a day sometimes, who has gone days and days hardly without sleeping, who has coordinated, who has cajoled, who has pleaded, who has prayed, who has pushed, who has pulled and who certainly has been one of the forces without any question of this City of Miami and I'm talking about my assistant Marie Petit, my gratitude. To all of my supporters in the press and I cannot go through the long list, because again, we will be here all afternoon, but very especially to the Diario Las Americas and the Miami Herald and to the others who have been so diligent and I cannot... I know if I start naming the Liberty News and the Miami Times I'ra going to have to start naming Patria and some many other newspapers, La Tribuna and so on. And lastly I want to make special recognition of all of the people in my office who worked way beyond the call of duty, who sometimes would put in sixteen, seventeen, eighteen hour days. People like Alina who would spend Saturdays and Sundays typing. Ilia and Peggy who have been troopers. Nestor Toledo who thought up of the idea of the absentee ballots and worked so effectively and diligently, who worked so well on all my position papers. Every time I went on a debate it was Nestor's work that I had before me. All the percentages of improvements and how much we had spent in the parks. And I want to also pay special tribute to my other assistant who a month and a few days ago had a very serious operation of a tumor, thank God she had recuperated. She had been out of the hospital. The doctor asked her not to work more than three or four hours a day and she has been putting in fifteen and sixteen and in the last days she has put in twenty hour days without stopping, taking her life at risk and I cannot do anything, but to pay homage and recognition of her bravery and of her courage, of her devotion to this campaign and to me, Carol Ann Taylor. Lastly, I would like to call forward a person who without any question was my secret weapon and I want you to recognize, because many of you who do not know the traditions of New York, this a person who was the Chairman of Munchkins for Ferre. And I would like for her to step forward. Munchkin. Where is the Chairman of the Munchkins? Well, anyway I want a special hand for the Chairman of the Munchkins. And last, but not least my third assistant who also with bad health has gone and made speeches for me that after the second one I would tell Dr. Alonzo and his wife Miriam who were so helpful in this campaign--- I would tell Dr. Alonzo, please do not let Lola Villobos speaks. To Lola. I knew I was going to commit this terrible mistake and now I'm going to have to keep on going and really it would be.. it is difficult for me also not to mention Robert Lamonte who is a national urban fellow who has dedicated himself not only in the Haitian community, but in the general community. Robert, thank you. Ok, here is the Chairman of the Munchkins Committee. Ok, now, I would also like to recognize my Hispanic Chairperson Dr. Miriam Alonzo who is here and ask her to step forward please. Frank Diaz-Silveira who was the Chairperson of strategy in this campaign who is here. Kiki Berger, Mike Smyser in Coconut Grove who was so helpful, Pat Skubish, Jerry Glaycol and I have saved for the last the...Marie, I don't know where you are, but I want you to come up here with Ricky and Phil and Lasaro Albo, Evelio Ley,... has anybody seen Uncle Charlie? Where is Uncle Charlie? UNIDENTIFIED SPEAKER: He stayed home. Mayor Ferre: He stayed home, huh. Ok, where is Les Brown? Les come on we want you up here. There is a person who had tremendous political courage, who stood up for me firmly and stayed there throughout and I'ra talking about Dr. Fernando Perabosa and I would like for him to join us. I would not have made it in this campaign if it had not been for the strong moral support and the overwhelming vote of the Puerto Rican community which is my community and I would like to ask Jose Mendez who is here, Alicia,... Alicia come on, Freddie Santiago, Emilio, Dr. Alonzo, Pox Favor and the great community leaders of Allapattah, Orlando Urra, mi hermano Orlando Urra. (AT THIS TIME THE MAYOR SPEAKS IN SPANISH). And now we are going into Spanish and you know it's going to be long. I would like to ask'Octavio Blanco and Alfredo Izzaguirra. (AT THIS POINT THE MAYOR SPEAKS IN SPANISH). Uncle Frank, I want you to cone up here with me also. (THE MAYOR CONTINUES TO SPEAK IN SPANISH). Ann Marie Adker who is here. Ann Marie, Jose Babun, Renaldo Cruz, Manolo Fernandez -Caro, Otis Pitts, Richard Portis. (THE MAYOR SPEAKS AGAIN IN SPANISH) Armando Alejandro. Jack Alfonso, Jack Despinosse. (THE MAYOR SPEAKS IN SPANISH). Yolanda Valdez. I think I better quit while I'm ahead. But I want to also call Arturo Gonzalez who I see back here, Toni and I want to also ask Armando Gutierrez who has been gl 06 NOV 161983 C t one of the main contributors of this campaign. (THE MAYOR SPEAKS IN SPANISH) Geno Montoya, Eva Sera. (THE MAYOR SPEAKS IN SPANISH). Don Genaro Perez, Raul Masvidal ... (CONTINUES IN SPANISH). T. Willard Fair, Willie Gort, Marquita Rich, Josephina Carbonell, Lillie... (THE MAYOR CONTINUES TO RECOGNIZE HISPANIC SUPPORTERS THROUGH THE SPANISH LANGUAGE). Ok, I'm going to stop because we have Alberto Echenique and Bill Turquez and there are so many people that are here that I know I'm going to get in trouble by not naming all of them. So, I apologize for not naming all of you because there are just too many people to name. But I do want to say one last thing. I want to recognize one last group of people that are here today. I saw Alberto Echenique and I recognized his contributions, but I want to recognize the members of the AFL CIO who were a strong bulwark and strong supporters of my campaign. George Knox who is also here. I couldn't have made it without the strong support of the Fraternal Order of Police who gave me their unanimous endorsement. The Fire Fighters, AFSCME all the unions that worked so diligently and hard. And I thank you all for being here. To all of you and I know that Caridad is around here some place. Caridad? (THE MAYOR SPEAKS IN SPANISH AT THIS POINT). Ringo, thank you for honoring us with your presence here. Hanibal Cox who I see in the back. There are so many people here that I don't think I can continue because you know what's going to happen all of you are going to end up on this side and the stage is going to collapse. (THE MAYOR SPEAKS IN SPANISH AT THIS POINT). The contractors that were helpful anyway. I think we are going to keep on going. Victor Azrria who is here with us who has been a good supporter. Ladies and gentlemen, I'm sure that I will miss many people, but I... I cannot... and you will have to forgive me. To the Haitian community, to the Cuban, to the Puerto Rican, to the Hispanic, to the White American community, to young people to old people, but very, very especially to the Black community my deepest appreciation and thanks. To the police officers that have been guarding us, to the people who have supported us so diligently, on behalf of J. L. Plummer and Joe Carollo and Xavier Suarez and all of the people who ran during this campaign my thanks. To all of the supporters for their hard work it was one of the best demonstrations that Miami is a great city. To the people of Miami again, onward to make Miami a city of destiny that will be progressive, that will be service oriented without bitterness, but with justice and freedom for all. As we become the trade capitol of Latin America and we regain our former glory as a tourist center may it be with a deep sense of community and proud in being Miamians for the right reasons. Lastly, and most importantly our thanks to God for his mercy and may he guide the City of Miami with the immortal words of the hundred twenty-seventh psalm that begin in the second stanza with the following words " The watchmen watches, but in vain unless the Lord watches over the City". I asked for your help during the campaign and you responded. Today I ask for your help in guiding the city in unity for all during the next two years. God bless you. (THE MAYOR SPEAKS IN SPANISH AT THIS POINT) . nuv 151983 Ic 41 MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 16th day of November, 1983, 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 3:25 O'clock P. M. by Mayor Maurice A. Ferre with the following members of the Commission found to be present: Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre ABSENT: Commissioner Joe Carollo Commissioner Demetrio Perez, Jr. ALSO PRESENT: Howard V. Gary, City Manager Jose Garcia -Pedrosa, City Attorney Ralph G. Ongie, City Clerk Matty Hirai, Assistant City Clerk An invocation was delivered by Mayor Ferre who then led those present in a pledge of allegiance to the flag. 2. APPROVAL OF MINUTES OF REGULAR AND SPECIAL CITY COMMISSION MEETINGS FOR SEPTEMBER 7TH, 12TH, 16TH AND 24TH. On motion duly made by Commissioner Plummer and seconded by Commissioner Dawkins the minutes of September 7th, 12th, 16th and 24th were approved by the following vote: AYES: Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo 11 3. AUTHORIZE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $35,000 AS A CONTRIBUTION TO THE FLORIDA EXPORTERS AND IMPORTERS CONFERENCE. Mayor Ferre: Alright, we are on Item #C, discussion of funding for the Florida Exporters and Importers Association Conference. The Chair recognizes you, Mr. Manager. Mr. Gary: Mr. Mayor, the City Commission has been supporting this organization which has been assisting our International Trade Department in terms of bringing international trade into the City of Miami. Last year we gave them twenty-five thousand and they have asked for seventy-five thousand and we have done an analysis. We are recommending thirty-five. Staff has told me they agree with that figure and we need a decision by the City Commission. Mayor Ferre: Are you ready to make the decision? Anybody want to move it? Mr. Plummer: So, move. gl 08 NOV 16 1983 C t Mayor Ferre: Moved by Plummer, is there a second? Mr. Dawkins: Second. Mayor Ferre: Seconded by Dawkins, further discussion? Mr. Dawkins: Mr. Mayor, the Manager recommended it, right? Mayor Ferre: Yes. Mr. Gary: Yes, sir. Mayor Ferre: Anybody want to speak on this issue? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 83-1012 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE AN AMOUNT OF NOT TO EXCEED $35,000 AS A CONTRIBUTION TO THE "FLORIDA EXPORTERS AND IMPORTERS CONFERENCE." Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo Commissioner Demetrio Perez, Jr. ----------------------------------------------------------------------------- 4. RESOLUTION TO PERMIT SALE OF ALCOHOLIC BEVERAGES BY LIQUOR PACKAGE STORES - NCOP - ON SUNDAYS DURING THE MONTH OF DECEMBER, 1983, 10:00 A. M. TO 10:00 P.M. Mayor Ferre: Take up Item "J", liquor stores businessmen a permit to remain open on the Sundays in December. Mr. Gary: Mr. Mayor, this is Commissioner Carollo's item and this is something we normally do every year during Christmas time. Mr. Carollo: Move. Mayor Ferre: Carollo moves Item "J", is there a second? Mr. Plummer: Second. Mayor Ferre: Seconded by Plummer, further discussion? Call the roll on Item $fill . The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 83-1013 A RESOLUTION PERMITTING THE SALE OF ALCOHOLIC BEVERAGES BY LIQUOR PACKAGE STORES, NOT FOR CONSUMPTION ON THE PREMISES (N.C.O.P.) ON ALL SUNDAYS DURING THE MONTH OF DECEMBER 1983, DURING THE HOURS OF 10:00 A.M. THROUGH 10:00 P.M. (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: 9l 69 NOV 16 1983 4 6 AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. ----------------------------------------------------------------------------- 5. AUTHORIZE AND DIRECT CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $8,000 AS A CONTRIBUTION TO UPGROVE FESTIVAL THEATRE BLACK NATIVITY FOR PERFORMANCES TO BE GIVEN AT GUSMAN HALL. 1 ----------------------------------------------------------------------------- Mayor Ferre: Take up Item "L", discussion of funding $8,000 to Upgrove Festival Theatre Black Nativity in order for them to present six (6) performances of "Black Nativity 1983" at the Gusman Cultural Center. Mr. Manager, do you recommend that? Mr. Gary: This is Commissioner Dawkins item. Mr. Plummer: Move it. Mayor Ferre: Plummer moves, Dawkins seconds, further discussion on "L"? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 83-1014 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $8,000 TO BE GIVEN AS A CONTRIBUTION TO "UPGROVE FESTIVAL THEATHRE - BLACK NATIVITY", IN CONNECTION WITH SIX PERFORMANCES TO BE GIVEN AT GUSMAN HALL CENTER ON DECEMBER 14 - 17, 1983. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. 6. MOTION TO OFFICIALLY ACCEPT THE CERTIFICATION AND DECLARATION OF RESULTS OF THE CITY CLERK FOR THE PRIMARY, SPECIAL AND REGULAR CITY OF MIAMI CITY ELECTIONS HELD DURING THE MONTH OF NOVEMBER, 1983. Mayor Ferre: Item #N, certifying and canvassing... Mr. City Clerk, do you have the figures before us? Mr. Ongie: Yes, sir. Mayor Ferre: Alright, certification and declaration, Ralph Ongie, City Clerk, City of Miami certifies the figures. They are here before you. The total number of voters is sixty-seven thousand six hundred sixty, 63.4. Sixty-six thousand four seventy-three voted in the Mayor's race and we also have the previous race. Is that correct, Mr. Ongie? gl 10 NOV 16198,3 4 4 Mr. Ongie: Yes, sir. If you don't want to read them I will make the printout of both elections a permanent part of the minutes of this meeting. Mr. Plummer: I want a recount. Mayor Ferre: Let the record reflect that these printout sheets are before us and the certification and declaration. Is there anybody who wants to question any of these issues that are now presently before us? If not, is there therefore a motion for the certification of the papers as presented before us in the canvassing of the municipal elections at both November 8th and November 15th? Mr. Carollo: So move. Mr. Plummer: Second. Mayor Ferre: It's been moved by Plummer, seconded by Carollo, is there further discussion? Do you need separate motions Mr. Clerk? Mr. Ongie: No, sir. Mayor Ferre: Is one motion sufficient? Mr. Ongie: Yes, sir. Mayor Ferre: Call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 83-1015 A MOTION TO OFFICIALLY ACCEPT THE CERTIFICATION AND DECLARATION OF RESULTS OF THE PRIMARY CITY OF MIAMI ELECTION HELD ON NOVEMBER 8, 1983 FOR THE ELECTION OF MAYOR AND TWO COMMISSIONERS; FURTHER ACCEPTING THE RESULTS AND CERTIFICATION OF THE CITY CLERK FOR THE SPECIAL ELECTION HELD NOVEMBER 8, 1983 CONCERNING A STRAW BALLOT QUESTION ON A PROPOSED CITY OF MIAMI LOTTERY; AND FURTHER ACCEPTING THE RESULTS AND CERTIFICATION BY THE CITY OF THE RESULTS OF THE REGULAR CITY OF MIAMI ELECTION HELD ON NOVEMBER 15, 1983 FOR THE ELECTION OF MAYOR, GROUP I, OF THE CITY OF MIAMI; FINALLY DIRECTING THE CITY CLERK TO MAKE THE DETAILED PRECINCT -BY -PRECINCT PRINTOUT OF THIS ELECTION PART OF THE OFFICIAL RECORD OF THIS MEETING. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. 7. RESOLUTION APPOINTING AND ELECTING COMMISSIONER MILLER J. DAWKINS AS VICE -MAYOR OF THE CITY OF MIAMI FOR A TERM OF ONE YEAR. Mr. Carollo: Mr. Mayor, one additional item that we have to do now. In fact we are late according to the Charter and that is the appointment of a new Vice -Mayor. If I may I would like to present a motion at this point and time so that we can comply with the City Charter. I would like to make a motion appointing Commissioner Miller Dawkins as the new Vice -Mayor for the City of Miami. Mr. Plummer: Second. 91 11 NOV 16 1983 4 Mayor Ferre: Is there further discussion on the appointment of Commissioner Dawkins as Vice -Mayor? If not, call the roll please. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 83-1016 A RESOLUTION ELECTING AND APPOINTING COMMISSIONER MILLER J. DAWKINS AS VICE -MAYOR OF THE CITY OF MIAMI, FLORIDA, FOR A TERM OF ONE YEAR. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Demetrio Perez, Jr. 8. RESOLUTION WAIVING TIME LIMITATION FOR FIREWORKS DISPLAY, ORANGE BOWL STADIUM, DECEMBER 9, 1983. Mayor Ferre: Alright, use of seven minutes of fireworks at the conclusion of the 25th Anniversary Mass to be held at the Orange Bowl on Friday, December 9th. Is that the issue with the... Mr. Plummer: The Father was here. Mr. Dawkins: If they make it twenty-seven minutes since it's near Howard Gary's house I will vote for it. Other than that I don't vote for it. Mayor Ferre: Are there any objections? Mr. Plummer: It. Mr. Gary: Well, with conditions. Mayor Ferre: Alright, what are the conditions? Mr. Gary: I would suggest, Mr. Mayor, that the first condition be that it's not the types of explosives that rattle and break windsheilds in the area and that does occur and secondly that the fireworks last no longer than fifteen minutes. Mayor Ferre: Is that acceptable, Father? UNIDENTIFIED SPEAKER: Yes, that's acceptable. Mayor Ferre: Now, it seems reasonable to me. Mr. Carollo: So move. Mayor Ferre: Alright, make that a part of the motion. Carollo moves. Mr. Plummer: Second. Mayor Ferre: Plummer seconds, further discussion with those conditions as stipulated by Mr. Gary? Call the roll. gl ,.LIV NOV 16 1983 r The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 83-1017 A RESOLUTION WAIVING THE TIME LIMITATION FOR FIREWORKS DISPLAY AT THE ORANGE BOWL STADIUM ON DECEMBER 9, 1983, TO PERMIT A DISPLAY OF FIREWORKS WITH DUE REGARD FOR THE SAFETY AND PROTECTION OF LIFE AND PROPERTY NOT TO EXCEED 15 MINUTES IN LENGTH AND NOT TO EXTEND BEYOND 11:00 P.M. ON SAID DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. 9. DECLARING THE INTENT OF THE CITY COMMISSION THAT PUBLIC PROJECTS FINANCED BY PUBLIC FUNDS; CETA PARTICIPANTS WHO ARE ELIGIBLE ARE TO BE GIVEN PRIORITY. ---------------------------------------------•-------------------------------- Mayor Ferre: Discussion of the Acorn proposed jobs campaign. You have before you a sheet from the Acorn people and I at this time recognize the Manager. Has staff had an opportunity to look at this and discuss this with the Acorn people? Mr. Gary: Mr. Mayor, I had some discussion with the Acorn people. The basic concept of the first source agreement is that the City request projects that utilize city land and city monies give first priority to CETA eligible residents and I support that. And it's also, Mr. Mayor, a part of our minority procurement program which includes, not only equity participation, but also includes jobs and I don't see any problem with the first source agreement with the understanding that not only these people get first opportunity, but that we try to obtain voluntarily through the agencies that this complied with and the way we do that Mr. Mayor, is through the negotiation process and if the negotiation process breaks down that we make it a requirement of the particular agreement that we have. So I'm in support of it. Mr. Plummer: Well, Mr. Gary, may we know... All I have is this. Is there more backup to it than this? I would like to know who are the directors? What are their background? All I have is just a basic sheet of a proposal. Mr. Gary: Well, this is Acorn and the people are here, but let me... This is a general philosophy Commissioner Plummer, that basically says that we have a number of people unemployed and they go through a process of becoming CETA eligible, which means they are in a certain income bracket or unemployed, etc., and what we are saying is is that they just be given an opportunity to receive jobs wherein public funds are utilized. Mr. Plummer: Well, but Mr. Gary, what I'm asking is who are the directors? I don't have any breakdown on who are the staff. Mr. Gary: What's the importance of that? Mr. Plummer: Huh? Mr. Gary: Why is that important J. L.? Why is that important? Mr. Plummer: I want to know who's running the program. gl 13 NOV 161983 6 i Mr. Gary: They are not going to run the program. We are going to do this ourselves. They are not running the program. Mr. Plummer: We are going to run the program? Mr. Gary: Oh, yea. They can't run the program. Mr. Plummer; That's what I wanted to know. Ms. Mary Hill: I would like to say something right here, because each one that come up that in accordance with me as being the founder of the program in the White House. These programs are being run without the private sector and they cannot legally be run. Those funds most of them are mandated and I am the private sector and I'm on the outside looking in and the people are still going to be unemployed. I have documents of proof right here. Documents of proof. We have... this was sent to Dade County in 1979 and the order is in force now. This was supposed to bring about the new change, not the same people carrying the same ball game under the same department, because these funds will have to be authorized and put in accordance with the Constitution of the United States. This is a mandate order. My substation is supposed to work from Dade County government with the City, the School Board, the State and back to the Federal level. This is a mandate order. This why we have to bring about the change. I do have documents of proof and we can go into it more extent later. I would like to... because these funds was ordered to be held until these programs go in the right direction to benefit these people according to law. And I was told to get here to bring this to the forefront. UNIDENTIFIED SPEAKER: May I say something? Mr. Dawkins: Mr. Gary, is it possible that since we do have a long agenda and we are trying to get some things done, would it be possible to ask you to assign a staff person with this group, with Acorn to bring something back concrete that we can soak our teeth into, because I am also concerned that individuals in Acorn have gone and they spent a half a day getting certified over, clear out of our neighborhood, out of the City of Miami over at the Caleb Center and they waste a whole day and I think we need to sit down and come up with something that we can work with. UNIDENTIFIED SPEAKER: May I say something? Mr. Dawkins: Yes, Ma'am. UNDENTIFIED SPEAKER: Mr. Mayor, we are from Acorn and it's not a eligible program. It's for the low/moderate income. The County Commission have already passed the first source agreement. It's not a CETA program. It's the moderate/low income people. They are just using that CETA eligible people. Mr. Gary: Yes, I think this can be cut short, because I don't think... We are supporting what they are asking for. I guess what I'm saying to you is what this attempts to do, members of the Commission, is to first of all, recognize that we have people unemployed and that they are CETA eligible and that they will be given priority to all projects that utilize public funds and I'm saying that we agree to that and all I need is a motion to that effect, which adopts the program. Ms. Mary Hill: May I say something before the motion is adopted? Mr. Dawkins: Alright, so move. Ms. Hill: May I say something? This is Economic Opportunity Act new day care which created these funds. They are going nation wide. Mayor Ferre: Wait a minute dear. Ms. Hill: And they are not supposed to run. I have been here. Mayor Ferre: Wait a moment, you are winning now. Just hold on. Ms. Hill: Ok. Mayor Ferre: You had the Commission to make a motion. If you keep on talking gl 14 NOV 16 1983 you are going to lose it. Ms. Hill: Ok. Mayor Ferre: Alright. Mr. Plummer: What is the motion? Mr. Dawkins: The motion that... Mr. Gary, what did you say... Mr. Gary: I think it would be in order Mr. Mayor and members of the Commission, that a motion be passed that says that whenever there are public projects utilizing public funds that CETA eligible participants be given priority. Mr. Dawkins: Now, that,... ok, that's not saying CETA people. What we are saying is we will use the criteria that CETA used to certify those individuals as eligible. Ok. UNIDENTIFIED SPEAKER: Right, right, we understand that. That's what we want. Ms. Hill: But what I am saying is that those funds to come through specifics, right standard, right concept, right system and they cannot by law be operated effectively according to the constitution of the United States until it comes to the sub department private sector. Mayor Ferre: Alright, there is a motion, is there a second? Mr. Plummer: Second. Mayor Ferre: Mr. Manager, any further discussion on this? Alright, call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 83- 1018 A MOTION STATING THE INTENT OF THE CITY COMMISSION THAT IN CONNECTION WITH PUBLIC PROJECTS WHICH ARE FINANCED BY PUBLIC FUNDS, C.E.T.A. PARTICIPANTS, WHO ARE ELIGIBLE, ARE TO BE GIVEN PRIORITY. (See item P in this Agenda). Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo Commissioner Demetrio Perez, Jr. 10. ALLOCATE UP TO $10,000 TO PROFESSIO, INC. FOR ITS ONGOING PROGRAM PROVIDING FREE MEDICAL SERVICES FOR THE NEEDY. Mayor Ferre: Now, we have here a discussion of proposal submitted by Professio, Inc. Comprehensive Service Center. Mr. Manager. Mr. Gary: Mr. Mayor, we think this is a very good program whereby people are helping themselves in the community and particular professional doctors providing free service and we are recommending that we grant them ten thousand dollars since they are putting in their own time to service people free of charge giving them medical services. We recommend that the City Commission give. them ten thousand dollars. gl 15 NOV 1 61963 6 a Mayor Ferre: Ok. This is the one that... Mr. Gary: With all the doctors where they give free medical services. Mayor Ferre: Who? Mr. Gary: Jose Feito. Mayor Ferre: Feito who is here. Oh, yes, ok. 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. 83-1019 A RESOLUTION ALLOCATING FUNDS IN THE AMOUNT OF $10,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, TO PROFESSIO, INC. IN SUPPORT OF ITS ON -GOING PROGRAM OF PROVIDING FREE MEDICAL SERVICES TO THE NEEDY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo Commissioner Demetrio Perez, Jr. 11. ALLOCATE AN AMOUNT NOT TO EXCEED $14,000 FROM FEDERAL REVENUE FUNDS FISCAL 183-184 TO THE HOME FOR THE BLIND. Mayor Ferre: Now, we have here a little note from our good friend Luis Sabines who says that there is a problem with the Home for the Blind and Dena... Is Dena Spillman still around? Well, can you explain to us what this is? Do you know what it is? Mr. Gary: What is that? Mayor Ferre; Home for the Blind. I don't know. It's something. I have a note here from Sabines that there is... Mr. Plummer: The House for the Blind has an increase of fourteen thousand for the driver for the blind. Mr. Gary; Hey, that's federal revenue sharing. Mayor Ferre: Dena, how can we solve this problem for the Home for the Blind? Mr. Gary: This is a revenue sharing item, we shouldn't bring that up now. Mayor Ferre: Well, why are they here? I'm not going to say anything. Hey, they have been waiting here for two hours. If you can tell me quickly what it is we will... Mr. Luis Sabines: (SPEAKS IN SPANISH). gl 16 NOV 16 1933 f 4 Mayor Ferre: (TRANSLATES FOR MR. SABINES).... With the economic situation sufficient funds, they cannot pay for the driver that drives the blind people around and they need fourteen thousand dollars more, because otherwise they can't drive these people around. Dena, does this have the recommendation of the department? Ms. Spillman: It doesn't.... we have only recommended an eight percent increase for all the agencies, because we didn't feel there was enough federal revenue sharing funds. Mayor Ferre: How much would that entail, an eight percent increase for them? What are they receiving? Ms. Spillman: Oh, their... it's only ... eight percent is less than a thousand dollars increase and they are asking for... it's approximately fourteen thousand. Mayor Ferre: What do you want to do? Mr. Plummer: Move it. Mayor Ferre: Are you moving it? Mr. Plummer: Yes, I will move it. Mr. Gary: Hey, I think it would be inappropriate to act on this right now. Mr. Plummer: Mr. Mayor, I will move it, but it has to be understood that it will be from the federal revenue sharing. Mayor Ferre: Amen. Mr. Gary: How much is it? Mr. Plummer: Fourteen thousand. Mr. Gary: How much are we authorizing? How much more is that? Ms. SpillMan: Fourteen thousand more. Mayor Ferre: Alright, Plummer has moved it, Dawkins has seconded. Are you alright? Mr. Dawkins: Yes. Mayor Ferre: Alright, call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 83-1020 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE AN ADDITIONAL AMOUNT OF $14,000 FROM FEDERAL REVENUE SHARING FUNDS (FISCAL '83-184) TO "HOME FOR THE BLIND", PURSUANT TO REQUEST MADE BY LUIS SABINES. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo Commissioner Demetrio Perez, Jr. gl d 17 NOV 161983 6 4 12. RATIFY AND CONFIRM ACTION OF CITY MANAGER IN AUTHORIZING AN EXPENDITURE OF $5,810.60 FOR EMERGENCY REPAIR OF THE UNINTERRUPTABLE POWER SUPPLY SYSTEM OF THE MIAMI POLICE STATION. Mayor Ferre: We have a resolution ratifying... This is the 2:30 meeting --- Item #3 approving and confirming the action of the City Manager by a four - fifths vote of the City and authorizing the expenditure of five million eight hundred ten thousand... There is something wrong with these figures. Mr. Gary: No, that's five thousand eight hundred ten dollars sixty cents. Mayor Ferre: I see. Ok, that seems a little bit more reasonable. Uninterruptable power supply system for the Miami Police Station. Moved by Dawkins, seconded by Plummer, further discussion? We need four -fifths vote on Item #3. Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 83-1021 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE ACTION OF THE CITY MANAGER BY A FOUR -FIFTHS VOTE OF THE CITY COMMISSION - IN AUTHORIZING THE EXPENDITURE OF $5,810.60 FOR THE EMERGENCY REPAIR OF THE UNINTERRUPTABLE POWER SUPPLY SYSTEM AT THE MIAMI POLICE STATION; WITH FUNDS ALLOCATED THEREFOR FROM THE POLICE DEPARTMENT OPERATING BUDGET. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. 12a. PROCLAMATION FOR COMMUNITY EDUCATION DAY. gl NOV 161983 N 6 6 13. RATIFY, APPROVE AND CONFIRM ACTION OF CITY MANAGER IN FINDING TREE AND SOB PLANTING PROJECTS FUNDED BY SMALL BUSINESS ADMINISTRATION. Mayor Ferre: There is a resolution ratifying and approving by four -fifths vote the tree and sod planting projects of the SBA parks and recreation areas for fifty-three thousand dollars ---Is that correct?--- and the Grove Nursery, Inc. for thirty-five thousand five forty-five at a total cost of eighty-eight thousand eight forty-eight. These funds therefor are allocated from SBA park development fund. Is there a motion? Mr. Plummer: So, move. Mayor Ferre: Plummer moves, Carollo seconds, further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 83-1022 A RESOLUTION RATIFYING, APPROVING, AND CONFIRMING, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, THE ACTIONS OF THE CITY MANAGER IN FINDING THE TREE AND SOD PLANTING PROJECTS FUNDED BY THE SMALL BUSINESS ADMINISTRATION (SBA) PARKS AND RECREATIONAL AREA DEVELOPMENT PROGRAM TO BE EMERGENCY PROJECTS AND IN AUTHORIZING THE ISSUANCE OF EMERGENCY PURCHASES FOR THE IMPLEMENTATION OF SAID PROJECTS TO OLIVE NURSERY AND LANDSCAPING, INC. FOR $53,300 AND TO GROVE NURSERY, INC. FOR $35,545 AT A TOTAL COST OF $88,845, WITH FUNDS THEREFOR ALLOCATED FROM SBA PARK DEVELOPMENT FUNDS. (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 Demetrio Perez, Jr. Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. 14. ACCEPT COMPLETED WORK; LANZO CONSTRUCTION COMPANY - KOUBEK SANITARY SEWER IMPROVEMENT, SR-5477 C&S. Mayor Ferre: Accepting the completed works of Lanzo Construction Company. Is there a motion on that for Koubek Sanitary Sewer? Mr. Carollo: Move. Mayor Ferre: Carollo moves, Perez seconds, further discussion on Item 6? Call Item 6. gl 19 NOV 161983 9 6 6 The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 83-1023 A FFSOLJTION ACCEPTING THE COMPLETED WORK OF LANZO CONSTRUCTION COMPANY AT A TOTAL COST OF $1,005,015.94 FOR KOUBEK SANITARY SEWER IMPROVEMENT IN KOUBEK SANITARY SEWER IMPROVEMENT DISTRICT SR-5477-CAS (CENTERLINE AND SIDELINE SEWERS); AND AUTHORIZING A FINAL PAYMENT OF $110,017.06. (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 Demetrio Perez, Jr. Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. 15. WAIVE BY FOUR -FIFTH AFFIRMATIVE VOTE AFTER PUBLIC HEARING THE PROHIBITION OF AN APPEARANCE OF A FORMER CITY OFFICE, LAURA TINDALL HOWELL, FORMER ZONING INSPECTOR. Mayor Ferre: There is a request for waiving within two years after leaving city employment for Laura Tindall Howell who last served as chief zoning inspector, so that she can represent somebody on October 8th I guess. Mr. Plummer: Move it. Mr. Garcia -Pedrosa: Mr. Mayor. Mayor Ferre: Yes. Mr. Garcia -Pedrosa: Mr. Mayor, that's a public hearing if somebody wishes to be heard. Mayor Ferre: Does anybody wish to be heard on this. Any objectors? Laura Tindall Howell. Anybody? Alright, is there a motion? Mr. Plummer: I moved it. Mr. Ongie: It's been moved and seconded. Mayor Ferre: Moved by Plummer, seconded by Carollo, further discussion, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: gl RESOLUTION NO. 83-1024 A RESOLUTION WAIVING, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING, THE PROHIBITION AGAINST THE APPEARANCE OF A FORMER CITY OFFICER, OFFICIAL OR EMPLOYEE BEFORE THE CITY COMMISSION WITHIN 2 YEARS AFTER LEAVING CITY EMPLOYMENT AS SUCH PROHIBITION APPLIES TO LAURA TINDALL-HOWELL WHO LAST SERVED AS CHIEF ZONING INSPECTOR ON OCTOBER 8, 1982 AND WHO HAS SINCE BEEN ENGAGE AS A CONSULTANT IN ZONING AND LAND USE MATTERS AND WHO NOW SEEKS TO APPEAR AND NOV 16 S83 i 6 6 I: ice.,?Z. -.T _ .7 C-i l.^.e.E' fc1_cws h,c c f re___.___. , cn_t_E.. here an_4 cn FL_ in -he Office cf Cit' _fir. tv cc _..�=a_..ner .far_-__ r the reS:I%;t_icn was t ass=.. a:... ad . Co-=._ss_cner ice Car,.___ \.C—r—issicner i•erc __ _.. _ ert r �. . Ma, cr:a .ripe n. Ferre : None . Core _ss is n e r Miler .. _a'w f._..: IE. C ;. ►_:. Y Yv_ _.. _.. Z: :.~.- .. ..,.__R tiffC S ZAF 7Ai:.7IA_=. ma.•^r Ferre: :,"right, ladies an.. cen__er..en, may : ha•:e :r attenticn. Whereas xlice officers are dedicated z=1ic sen*ants cc=itted __ reser.•i- order and savinz lives and wherea_ cfFicers Cszar Varaas an.. Tien :inter are heinc honored their fellow citizens fcr ace selfless heroism an4 w-ereas in the act rescui. _ a d_rowninc rzn Cff_cer :areas _::.:.red intc a ten fcct dee. water 1 t� r - Fr - =r -cf- r r t "^ct a:•.d pulled .._s ge scn c,-. .._, ar... C_ _ce �:..te : Fd ir..� e:: .. deer water tc _ ll this verso~ Fro- the car an.. later a:l.._..istered cardicpul=char.' resuscitatic:. whereas it is cue rrivileee tc 'honor this cffizer an-- whereas Cfflcer ::..ter as a fc—e_ Met= 1"e=.:ard rescued fc:._ dr:w..inC children in the Crandon ;ark in 19E- as well as savi , severa. Other lives d'uri. _ his career. at is certainly a LieaG4re a:... a : rivilece fcr me cn ur behalf as the pec.le of Xia.:._ and as _ne `':a.•-r cf _ne C: - cf Xiani tc Hereby co.....end bct.. ..f these brave men, Ken :inter a ... --scar Vargas for their dedication and service and heroic acts wh__'- .i^rin honor to a.- c! the vine men and wcmen who serve as Ci_, cf Miami rclice c:ficers. Wcu'ld Officers %a►cas and '=Winter Please step forward and wc,._.. recocn_ze theme.. ';Z it : `,F _FM F',: ►SF.: : AC= :_A i EX c WAS COti:I:+ `_TC 7HE :.E ti: 1-. A,;:r::..I".._ c::Y .0 n::ACI,:E AN A.`:.�'::. NC'r: :C EXCEED 57,5E: .. _ �. A C'_ ..... D.r.__.� -: .A:. CV_A___ FC't. ----------------------------------------------------------------------------- Ma _or Ferre: Isa Benitez McCartney, Cc'..c: 1 cf International V_sitcr s. Isa? M.r. Gary. Mr. Mayor. Mayor Ferre: Yes, sir. M.r. Gary: Sc we can c'__ this short. Mayor Ferre: rid yc., recc.:'=rend it? Mr. Gary: Yes, but I'r.. not reco=endi.^.e ten thousand. I'=. recoc'r ending seven tnc-,;sand five }::.fired sixty dollars. M.aycr Ferre: Ck, Isa, is ti.at accepta:le... car. yo;a... Ms. Isa Benitez: Indeed it is and we thank you very much. Mr. Perez: seccn... Nov 16 t 0 6 Mayor Ferre: Moved by Plummer, seconded by Perez, further discussion that the City of Miami grant seventy-five hundred dollars to International Visitors. Mr. Carollo: Excuse me Ma'am, for the record can you state what the money will be used for? What purpose? Ms. Benitez: Yes. I don't know. We have sent you correspondence in the past explaining to you about the work of the Council, specifically this request and we have asked for an increase of the grant from last year. it is because of the appreciable increase in CIB expenses, because of expansion of our office. Mayor Ferre: Isa, that wasn't the question. See the question is what will the money be used for? Not why you need the money. We know you need the money because you have got extra expenses. Ms. Benitez: Well, the operation of the office, number one. Mayor Ferre: Would you for the record make a brief description of what CIB is, that it functions with the Washington operation, that it's sponsored by the government and it's for distinguished visitors that come from out of the Country. Ms. Benitez: Alright. We are a local organization that has been in operation for twenty-five years. We work for the entire community by providing programs for sponsor visitors. By saying sponsor visitors we mean that they are visitors that come to the area through government programs. I have here with me the Director of the U.S. information agency. One of the main agencies with whom we work and with them we also work with many... the entire government, State Department, Agriculture, Education, all kinds of visitors besides private organizations. And locally we assist the City of Miami principally through the Office of Information and right now we are working and here I have, which I can pass to You, a flyer going to our volunteer members asking them for the help for the fourth coming Miami Film Festival and the Eleventh World Orchid Conference. Mayor Ferre: Ok, thank you very much. There is a motion and a second, any further questions? Alright, do we have a second on that? Mr. Ongie: Yes. Mayor Ferre: Alright, call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 83-1025 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE AN AMOUNT OF NOT TO EXCEED $7,560 AS A CONTRIBUTION TO THE "COUNCIL FOR INTERNATIONAL VISITORS". Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Demetrio Perez, Jr. Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins gl 22 NOV 161983 0 NOTE FOR THE RECORD: AGENDA NUMBER 11 AND AGENDA NUMBER 12 WILL BE RESCHEDULED TO A FUTURE MEETING. ----------------------------------------------------------------------------- 18. EMERGENCY ORDINANCE: INCREASE APPROPRIATIONS FOR JOSE MARTI PHASE I IN THE AMOUNT OF $20,000 AND JOSE MARTI PHASE 1I IN THE AMOUNT OF $20,000 FROM 1972 PARK AND RECREATION FACILITIES GENERAL OBLIGATION FUND. — Mayor Ferre: Alright, we are now on Item #13, Ordinance, emergency, increasing appropriations for Jose Marti Phase I in the amount of twenty thousand and Jose Marti Phase II twenty thousand. Mr. Carollo: Move. Mayor Ferre: Moved by Carollo, is there a second? Mr. Perez: Second. Mayor Ferre: Seconded by Perez, further discussion Emergency Ordinance? Read the ordinance. Alright, call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 9534, ADOPTED DECEMBER 9, 1982, THE EXISTING CAPITAL IMPROVEMENT APPROPRIATION ORDINANCE; AS AMENDED; BY INCREASING APPROPRIATIONS FOR JOSE MARTI PHASE I IN THE AMOUNT OF $20,000, AND JOSE MARTI PHASE II IN THE AMOUNT OF $20,000, FROM THE 1972 PARK AND RECREATIONAL FACILITIES GENERAL OBLIGATION BOND FUND BALANCE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Carollo 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 - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Carollo and seconded by Commissioner Perez, adopted said ordinance by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9736 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. gl Nov 16 100 f 0 19. FIRST READING ORDINANCE: REPEAL ORDINANCE 9341 AS AMENDED AND ORDINANCE 9530 AS AMENDED DEALING WITH MINORITY PROCUREMENT AND SUBSTITUTING THEREFOR A NEW MINORITY PROCUREMENT ORDINANCE KNOWN AS "THE MINORITY PROCUREMENT PROGRAM ORDINANCE OF THE CITY OF MIAMI, FLORIDA". Mayor Ferre: Item 14. Mr. Gary: We would like to pass this on first reading. We think it's very important. Mayor Ferre: Alright. Mr. Carollo: Move. Mayor Ferre: Alright, there is a motion, is there a second? Mr. Dawkins: Second. Mayor Ferre: Seconded. Is there any discussion? Yoii want to do it just on first reading, is that it? Mr. Gary: Yes, sir. Mayor Ferre: Alright, there has been a motion and a second on 14, read the ordinance. Further discussion, call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE REPEALING ORDINANCE NO. 9341, AS AMENDED, AND ORDINANCE NO. 9530, AS AMENDED, BOTH DEALING WITH MINORITY PROCUREMENT, AND SUBSTITUTING THEREFOR A NEW MINORITY PROCURE- MENT ORDINANCE TO BE KNOWN AND CITED AS "THE MINORITY PROCUREMENT PROGRAM ORDINANCE OF THE CITY OF MIAMI, FLORIDA", SETTING FORTH A GOAL OF AWARDING 50% OF THE CITY'S TOTAL DOLLAR VOLUME OF ALL CONTRACTS FOR THE PROCUREMENT OF GOODS AND SERVICES, TO BLACK AND HISPANIC VENDORS AND CONTRACTORS ON AN EQUAL BASIS; CONTAINING DEFINITIONS AND OBJECTIVES; ESTABLISHING A MINORITY PROCUREMENT COMPLIANCE BOARD; REQUIRING CERTAIN CONTRACT PROVISIONS AND MEASURES FOR IMPLEMENTATION OF SAID GOAL; AND CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Carollo and seconded by Commissioner Dawkins and passed on its first reading by title by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. gl 24 NOV 161983 f 0 6 20. EMERGENCY ORDINANCE: ESTABLISH A SPECIAL REVENUE FUND ENTITLED LOCAL OPTION GAS TAX TRANSPORTATION SYSTEM MAINTENANCE AND IMPROVEMENT FOR IMPLEMENTATION IN FISCAL YEAR 1983-184. Mayor Ferre: We are now on Item... Mr. Gary: We need this one Mr. Mayor, this is the... Mayor Ferre: 15 you need. Alright, anybody want to discuss this? Is there a motion? Mr. Plummer: Move it. Mayor Ferre: Moved by Plummer, is there a second? Mr. Dawkins: Second. Mayor Ferre: Seconded by Dawkins, further discussion? Read the ordinance. Alright, Mr. Manager, before we vote on this. This is that three million dollars that Plummer and I... Mr. Gary: Fought for, exactly. Mayor Ferre: ...fought for with the League and Dade County and Metro and all that and we got this extra three million bucks. Now, before we go to expend these monies I would like for the Commission to approve priorities and when you bring it to the Commission I want you to tell the Commission where the projects are, because with this additional three million plus the normal four million we spent, we will be spending over six million dollars in road improvements in the City of Miami. Now, I said during the campaign and a lot of people didn't listen, but I... now that the campaign is over I want to reiterate it, that the City of Miami is spending more money in road improvements than Metropolitan Dade. Ok. And somebody out there is just simply not listening because they keep saying that the streets of Miami are in terrible shape. The fact is that we are one of the few cities in the State of Florida that is beginning to be totally sewered, guttered, sidewalked and with proper roads all over this community, but I want to make sure that as we spend these next six or seven million dollars this year and next year that we do it equally and that we do it where the need is. So, would you bring it before the Commission for approval as to expenditures. Further discussion on Item 15? Has the ordinance been read? Mr. Ongie: Yes. Mr. Garcia -Pedrosa: Yes, sir. Mayor Ferre: Ok, call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTIONS 2 AND 6 OF ORDINANCE NO. 9684 ADOPTED SEPTEMBER 29, 1983, THE ANNUAL APPROPRIATIONS ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 1984, AS AMENDED BY ESTABLISHING A SPECIAL REVENUE FUND ENTITLED, "LOCAL OPTION GAS TAX TRANSPORTATION SYSTEM MAINTENANCE AND IMPROVEMENTS" FOR IMPLEMENTATION IN FISCAL YEAR 1983-84 FOR THE PURPOSE OF PROVIDING FUNDING IN THE AMOUNT OF $3,100,000 FOR SPECIFICALLY DEFINED TRANSPORTATION PROJECTS AS OUTLINED IN FLORIDA STATUTE 336.025(c), REVENUES IN A LIKE AMOUNT ARE AVAILABLE FROM THE DADE COUNTY LOCAL OPTION GAS TAX, AND CAN BE ALLOCATED TO THE CITY THROUGH AN INTERLOCAL AGREEMENT WITH METROPOLITAN DADE COUNTY, THE CITY OF HIALEAH AND THE CITY OF MIAMI BEACH AS AUTHORIZED BY RESOLUTION NO. 83-552, ADOPTED JULY 18, 19831 CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 25 NOV 161983 91 E 0 a 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 Demetrio Perez, Jr. Commissioner Joe Carollo Vice -Mayor J. L. Plummer, 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 Demetrio Perez, Jr. Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9737 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. 21. EMERGENCY ORDINANCE: ESTABLISH NEW ENTERPRISE FUND ENTITLED XXI LOCAL OPTION GAS TAX TRANSPORTATION ENTERPRISE FUND. Mayor Ferre: Take up Item 16. Mr. Manager. Mr. Gary: This appropriates seventy thousand of that money, Mr. Mayor, so that we can establish aerial photography for the City. The last one was done in 1974. They are outdated and we utilize them for our public works planning and as well as for Police and Fire services. Mayor Ferre: Is there a motion? Mr. Perez: Move. Mayor Ferre: I assume that goes to bid? Mr. Gary: Yes, sir. Mayor Ferre: Moved by Perez, is there a second? Is there a second? Alright, Dawkins seconds. Mr. Manager, I don't mean to start creating problems for... I want you to listen to me now. I don't want to start creating problems for people that are already in the business, but you know, these are good opportunity for minorities, with all due respects, I don't mean to say that it's an easy thing to do to aerially photograph the City, but on the other hand it's not something that you need to go to Harvard University to get a degree on to do and I think it might be appropriate for us before we let documents out for this that we make sure that we do have some minority participation. These are the easier type of things where you can get minorities to come in, but if you don't let the world know you are not going to get them to bid and then we are going to,say well you know, we bid it and nobody bidded and there were no Black bidders and there were no Latins that were bidding it and so we give it to those who were the low bidders. You got the message, Don? Has the matter been moved and seconded? Mr. Ongie: Yes, we have to read it. 20 NOV 16 1983 L 0 0 Mayor Ferre: Alright, would you read the ordinance? Mr. Dawkins: Call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 9534, ADOPTED DECEMBER 9, 1982, THE EXISTING CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE; AS AMENDED; BY ESTABLISHING A NEW ENTERPRISE FUND ENTITLED XXI. LOCAL OPTION GAS TAX TRANSPORTATION ENTERPRISE FUND; BY ESTABLISHING DADE COUNTY OPTIONAL GAS TAXES AS A RESOURCE IN THIS LOCAL OPTION GAS TAX TRANSPORTATION ENTERPRISE FUND IN THE AMOUNT OF $3,1000,000; AND BY APPROPRIATING AN AMOUNT OF $70,000 FROM DADE COUNTY OPTIONAL GAS TAXES TO ESTABLISH AERIAL PHOTOGRAPHY OF RIGHTS OF WAY AS PROJECT XXI.B.1 IN THE LOCAL OPTION GAS TAX TRANSPORTATION ENTERPRISE FUND; AND BY APPROPRIATING AN AMOUNT OF $3,030,000 FROM DADE COUNTY OPTIONAL GAS TAXES TO ESTABLISH TRANSPORTATION SYSTEM MAINTENANCE AND IMPROVEMENTS AS PROJECT XXI.B.2 IN THE LOCAL OPTION GAS TAX TRANSPORTATION ENTERPRISE FUND; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY AND DISPENSING WITH THE READING OF THIS ORDINANCE ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE COMMISSION. Was introduced by Commissioner Perez and seconded by Commissioner Dawkins for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Vice -Mayor J. L. Plummer, Jr. NOES: None. ABSENT: Mayor Maurice A. Ferre. Whereupon the Commission on motion of Commissioner Perez and seconded by Commissioner Dawkins, adopted said Ordinance by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Vice -Mayor J. L. Plummer, Jr. NOES: None. ABSENT: Mayor Maurice A. Ferre. SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9738 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. gl 27 NOV 16 i983 s 0 4 d 22. EMERGENCY ORDINANCE: AMEND EXISTING CAPITAL IMPROVEMENT APPROPRIATION ORDINANCE; APPROPRIATE $6,500,000 FOR LAND ACQUISITION AND SITE ASSEMBLY FOR THE AFFORDABLE RENTAL HOUSING PROGRAM. Mr. Gary: Item 17, we need this one. Mr. Dawkins: Item 17, is there a motion? Mr. Gary: Move it, J.L. Mr. Plummer: Move it. Mr. Perez: Second. Mr. Dawkins: Further discussion? Moved and seconded, call the roll. Mr. Ongie: Read the ordinance. Mr. Dawkins: Before you call the roll, Mr. Gary, I wish you would also insert in there that it doesn't take a Ph.D. to assemble the site. So, therefore, when you let these bids out, they should be for minority participation for assembling the site. Call the roll, please. AN ORDINANCE ENTITLED- AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 9534 ADOPTED DECEMBER 9, 1982, THE EXISTING CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE; AS AMENDED; BY APPROPRIATING THE AMOUNT OF $6,500,000 FOR LAND ACQUISITION AND SITE ASSEMBLY FOR THE AFFORDABLE RENTAL HOUSING PROGRAM FROM THE ANTICIPATED SALE OF 1976 GENERAL OBLIGATION HOUSING BONDS; CONTAINING A REPEALER PROVISION AND 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: AYES: Commissioner Joe Carollo Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. NOES: None. ABSENT: Mayor Maurice A. Ferre 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 Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. NOES: None. ABSENT: Mayor Maurice A.- Ferre SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9739 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. 28�f� NOV 16 im S al -------------------------------------------------------------------------- 23. DEFERRAL OF CONSIDERATION OF A SECOND READING ORDINANCE MAKING APPROPRIATIONS FOR THE DOWNTOWN DEVELOPMENT AUTHORITY FOR FISCAL YEAR ENDING SEPTEMBER 30, 1984. ------------------------------------------------------------------------- Mr. Dawkins: Item 18. Mr. Gary: This is Downtown Development Authority's budget. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Roy Kenzie: This is a second reading of ordinance approving the appropriations for the budget of the Downtown Development Authority following from your actions of September on first reading. Mr. Plummer: Does this include the Brickell? Mr. Kenzie: This includes Brickell. Mr. Plummer: Taxing of the residential property? Mr. Kenzie: I talked to Janet about that earlier today and this is a legal issue, which will have to be discussed later and worked out one way or the other. But it does not affect our budget in terms of setting appropriations for it. Mr. Plummer: I think it would. I mean, if you are including the residential, that's one set of revenues. If you are not including it, it's another set of revenues. So I think it does affect. Mr. Carollo: Roy, I'll lay my cards on the table. I made a commitment to the people in that area that I would not be in favor of that tax going to the residential areas. I think that's really pushing it too much in being unfair. Unless, the majority of my colleagues feel otherwise, I can't vote for the residential area. I don't know if you have three votes anywhere else, but.... Mr. Kenzie: When we came before the Commission and went through the expansion of the district, that area was included when we went through all of that, the statute of the ordinance saying the district going through that...we have since passed a tax roll and those tax bills have been forwarded to the people within that area. It would take a legal action additional, since they have already been... the tax rolls have gone out. It would take a legal action to change that. We can adjust our budget to show...to deduct the amount that we produce from that area, which would be somewhere around $50,000; but I can't be sure of the exact amount until I know...we have to go through the valuation of each individual unit and aggregate them to try and come out with the amount. Mr. Carollo: Can we ask the City Attorney to come up with the appropriate legal wording so that we can proceed and take legal actions, so that the residential area.... Mr. Plummer: Joe, he's recommending that we defer it until Friday and he'll come back with an answer. Mr. Carollo: Fine. Mr. Dawkins: Also, like he said, Roy, I made a commitment to the individuals also. When I talked to them -and if I am in error, Ms. Cooper will correct me- they indicated that they would take any legal steps to be exluded from this. Am I right? 49 sl NOV 16 1983 0 0 Ms. Janet Cooper: Commissioner and Vice Mayor, the people feel, in my brief review, -I have not had a chance to extensively review the legal documents involved- but I don't think that it was certainly the intent to include this district because the intent of the Downtown Development portion of the Code talks about primarily commercial districts. This is a strictly residential district. So I don't know whether it was even legal, but certainly it wasn't the intent. I would suggest that we could come back on Friday and perhaps by 'then we could determine how much is produced by that area and we could set that portion of the budget aside and he can go forward with the rest of his project. I'm not looking in any way to create a problem for Mr. Kenzie or the Downtown Development Authority. I just want to protect the interest of my clients. I'm happy to come back on Friday and we can talk about it. We're going to be back at 6:00 o'clock, so if we can address it shortly before 6:00 o'clock or at 6:00 o'clock, that would be a help, so I wouldn't have to be here all day. Mr. Gary: Well, in addition to that, Mr. Mayor and Commissioners, if you decide to exlude the residential areas, you also have this in competition in terms of lost revenues and modify this budget accordingly. I'm not so sure that can be done by 6:00 o'clock. Mayor Ferre: There is a big, crucial difference, and Roy, you know I'm all for the expansion and what have you, but the problem is this, that this is solely, exclusively and nothing but a residential area. There is no commercial there. Omni is different. Omni has some mixed uses. Wherever we get into some mixed usage, tough luck. But this is 100% and nothing but residential. That wasn't the purpose. I think there is a just cause here. Mr. Plummer: The recommendation, Mr. Mayor, was to defer it until Friday, at such time when the City Attorney could come back with a.... Mayor Ferre: Is there a motion? Mr. Plummer: I move that it be deferred. Mr. Carollo: Second. Mayor Ferre: Further discussion? Call the roll. THEREUPON, THE CITY COMMISSION, ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER CAROLLO, AGREED TO DEFER THE HEREINABOVE ISSUE BY THE FOLLOWING VOTE: AYES: Commissioner Joe Carollo Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. 1 30 NOV 16 1903 0 24. DEFERRAL OF CONSIDERATION OF SECOND READING ORDINANCE RELATING TO THE TOWING OF MOTOR VEHICLES WHICH WOULD AMEND CHAPTER 42 OF THE CITY CODE. Mayor Ferre: We are on item 19. Mr. Plummer: This is the Towing Ordinance. Mayor Ferre: We're on the Towing Ordinance. Some people from the television stations wanted to know if we were going to take that up. Take up 19, Mr. Manager. Mr. Jack Eads: Mr. Mayor, this is a second reading of an ordinance which was before you previously. The second reading was delayed to give the Administration an opportunity to meet with representatives of the towing industry to explain what the effects of that ordinance and what effect it would have on them. That meeting was held on September 23rd and it is now appropriate for the Commission to consider second reading of this ordinance. Mayor Ferre: You have a synopsis before you; it's this blue book. You have all received it. Mr. Manager, do you or somebody in the Administration want to touch on the highlights? Are there any questions? Mr. Eads: Mr. Mayor, that document that you have in front of you was just passed out. I believe some representatives from the industry that might take exception with the ordinance that would like to address that. Mayor Ferre: I'm sure they will. Mr. Eads: If you would like to hear them now. Mayor Ferre: Then you will comment after? Mr. Eads: Yes, sir. Mayor Ferre: O.K., we'll hear from the industry, then. Mr. J.D. Larraz: My name is J.D.Larraz, General Counsel for the newly formed Dade County Towing Services Association. We did prepare the comments that are before the Commission. I will briefly ask the Commission to analyze the last page of our comments which very sticcinrtly stater, ol+.r. nocit.inn. We feel that in many respects, the ordinance -as it now stands is unconstitutional. It's overbroad; it is vague; it imposes criminal penalties upon legitimate businessmen who are complying with existing City, State, County laws. In opposition to us are professional groups who are before you today from Tallahassee, from the center of the State, from Broward, and from North Miami Beach, who are heavily contract -laden companies with really nothing at stake here. In turn, I represent Miami Small Businessmen, who are tri- ethnic small businessmen, who are complying with all laws and are not in the newspapers, and are doing their daily living each and every day without breaking the laws. What they have authorized me to tell this Commission today is that we want to work with you, not just on this ordinance, but on rates, on serving the public on any sense that we can, on police company relations, which this Commission may not know are abysmal at this time. Our internal policing of this industry that we are working on right now to get the people who do show up in the newspapers and who get the bad publicity and who mistreat folks out of this industry; that's what we are here for. So we are here to cooperate with the Commission. But Mr. Eads has referred to the September 23rd meeting, where in a regional area of 3,000,000 persons there were 12 people in attendance; and 3 or 4 people who were in attendance were the people who are going to speak to you now from Tallahassee, from Broward County, and who are basically monopolies in their areas. We ask you simply to give us time to have another public information session, where we can meet with the police officers. We can meet with State Attorney, Janet Reno, sl 31 Nov 16 f980 0 0 Mr. Larraz (Con't): who originally had asked for parts of this law, and explain to them, as we are explaining to you now that we are in favor of 98.9% of this law, however, there is no need for criminal penalties. There is no need for unworkable property owner approval requirements. Mr. Commissioners, Mr. Mayor, there is a requirement in this ordinance that before a tow operator can remove a vehicle from private property, even if it is at 3:00 o'clock in the morning, that tow operator who has a contract with the property owner, a valid contract, has to go and get the property owner and bring him down to the site and have him sign each and every vehicle before it is removed. To me, there are other ways of satisfying the public interest without cripling Black, Cuban, Latin, and Anglo small businesses who don't have big associations and big budgets. Mayor Ferre: Allright, counselor, wind up your statement because you have been over five minutes now. Mr. Larraz: That's all, sir, I just ask this Commission to defer it until these small businesses can be heard. Mayor Ferre: Allright, Mr. Manager, what is the City's response to that? Mr. Eads: Mr. Mayor, Mr. Hassell is here from the Professional Wrecker's Operators of Florida. I think you will like to hear from him next. Mayor Ferre: Allright, Mr. Hassell. Mr. Morris Hassell: My name is Morris Hassell. I'm Executive Vice President of the Professional Wrecker Operators of South Florida. I am not a group representing the big operators. I too represent a multi —national ethnic group of over 360 wrecker operators throughout the State. This is not a new experience that you are going through of having problems with private property towing. It has happened throughout the State; and in each area that it has happened throughout the State, we have been called on for advice and guidance by those cities and communities in those governments for advice and counsel as to what will work and what is best for the community and an industry that is involved in it. The biggest problem that.we have in approaching this problem is that opponents to any form of regulation foster unreasonable objections that we feel are unrealistic, and when the community is crying for relief for a possible problem that does exist or could exist, we want to cooperate with the community and try to resolve that problem. In 1979 my association drafted and we did = gain approval of the Florida Legislature for a similar private property towing the law, section 715.07. That private property towing law has been the basis for most ordinances throughout the State and much language or legislative intent has been extrapolated from that law; and we find that it is working properly. It does not have the great threat to individual rights, privileges of an independent, free society because the due process structure within the ordinance and within the law itself presents all of these dangers that have been exploited, as a matter of fact, by those proponents that say we need no regulation, we need no law to govern our industry. The fact of the matter is that we believe that this industry does need law. It does need rules. It does need regulations, because there is no system and there is no foretelling or projection of who will be within the structure of a professional wrecker operation tomorrow morning. We are into legislation now to regulate those people who are _ qualified to be in it and to at least have some opportunity of protecting the reputation of the wrecker industry. We haven't gotten to that stage yet. So, when people say that this law will be... that self regulation is the answer to a problem that you may have in Miami, it may be the problem for those people that are within the structure now, but we don't know who will be in the structure tomorrow or the day after tomorrow. We do need laws to guide them. I'd like to look at this particular ordinance as a guidance of what you, as Commissioners, feel is proper for your community and we are in complete accord with the proposal, as it now stands and the efforts of Mr. Eads to make it accomodating to the wrecker industry. DIF sl NOV 16 1983 Unidentified Speaker: Mr. Mayor, I would ask for 30 seconds. To give you an example of what is wrong with this law, this law is by its own admission from Mr. Gary's office, it is modeled on the Broward statute. Last week I spoke to the Deputy County Attorney in Broward County and he told me, "I'm telling your Deputy City Attorneys know down there, don't follow us because we put, for example, a five mile radius on any tow -away. Now we have had to go back and amend it and we have had a new set of public hearings on it to make it 20 miles because 5 miles is unworkable." Yet the Miami law remains with 5 miles. This is the effect of rushing the judgement. Mayor Ferre: Allright, to that point, Mr. Manager. Mr. Eads: Yes, sir, the 20 mile radius he just spoke of is in the ordinance. I think it is important to recognize that this ordinance comes to us at the request of the State Attorney's office to handle some specific problems that are experienced by the Miami Police Department. The issue of a property owner personally after coming down and signing for the tow operator is not correct. It can be the agent of the property owner. There are many abuses that are in effect right now that have been notarized in the papers recently of tow operators indescriminately towing. The problems of the issue of the rate structure is that we are not addressing rates at all. The tow companies do have their own options to set whatever rates they wish to set and operate under. The City does not address the issue of rates at all. Mayor Ferre: We need to finish it up now. Mr. Gary: Mr. Mayor, let me just one other thing, because people are attempting to give the impression that this City Commission is trying to set rates. Under no circumstances does this ordinance regulate what towing people can charge. That is very significant. Unidentified Speaker: Mr. Gary is absolutely right, Mr. Mayor, what this thing does is it raises rates,.because by regulation you are increasing the cost of towing companies. They have to increase their profit or maintain their profit the same. To comply with these strict regulations, without even hearing us, these gentlemen are going to have to raise their rates. This is completely counter productive. Licensing we are in favor of. Everything in the statute we are in favor of. We just want you to see the light that when you make us buy ten more decals, when you make us go through licensing requirements, when you make every single small businessman go out and hire three lawyers to comply with every single thing and maybe litigate this thing, the rates have to up. That's what we want to go down! We're the ones who want 'the rates -to go down! Mr. Gary: Mr. Mayor, that's not correct. I mean, if he decides to litigate it is a self imposed hardship that he has placed on himself. What this attempts to do, Mr. Mayor, is not only protect the industry. It also protects the Police Department. It protects the State Attorney's office; but more importantly it protects the citizens who are being gouged. Mayor Ferre: Mr. Mananger, I asume that you strongly recommend this. Mr. Gary: Yes, sir. Mayor Ferre: Mr. City Attorney, do you think that you could defend this matter in court as the proposed ordinance is written now, and do you think it is constitutional? Mr. Jose Garcia -Pedrosa: The answer is yes to both questions, Mr. Mayor. Unidentified Speaker: Mr. Mayor, may I say something? Mayor Ferre: You sure may, this is a public hearing. sl 33 You are entitled. NOV 161983 i Unidentified Speaker: Can I just include my testimony? Mayor Ferre: Yes, sir, let him include it. Unidentified Speaker: I just have one remark. That is that I know not where they get the facts that rates will have to be charged because our experiences _ experienced in the communities that have similar ordinances, or similar regulations or abide by State Law have not reacted in that direction. That's what we resent. It's the scare tactic that might be presented of what it might do the experience is that it doesn't do. (Other) Unidentified Speaker: Mr. Mayor, hiring security guards, as the law requires, costs money; and somebody is going to have to pay that. I dare say before the Commission that the consumer is going to have to pay that. I just don't see how having a security guard instead of the owner actually protects public interest. I understand how it protects the State Attorney, the big monopolies from upstate, the big boys with the big, fat contracts ... I don't understand how it protects either the public or it protects the small businessmen to have security guards, for example. It does raise rates. Mr. Frank de la Paz: Mr. Mayor, if I may, my name is Frank de la Paz, 1180 S.W. 8th Street. I was the one here on that beautiful meeting that you postponed for the first time, you might recall me. As I said then, this is a bad law. There are several things in here that I don't agree with. Before you pass a law, if there are so many irregularities on it, I wish you would all tear it down and start from the ground again; instead of being amending it, as the City Clerk has been amending it. One thing that I opposed from the beginning that I still oppose is the issue of a license. As to Mr. City Attorney can say it, you might pass a law like this with criminal clauses similar to the Florida Statutes. This is all we are getting down to. You all received a letter from Janet Reno that you should consider rate control and criminal clauses, because there were no criminal clauses on the present State laws. So you went ahead and drafted something similar to the State Law so you could have a criminal clause on it. But then you added an additional license. I believe that you might pass an ordinance, that you might be able to enforce it without requiring the towing industry to buy an additional license with the whole package that comes in front of it. At that time I said I was against giving you copies of my contracts, that I was more happy to supply you with a list of my places where I do towing, but I didn't want to give you copies of my actual contracts, and there were several things that I told you that you should require, like insurance and so forth. But I am against it mainly because of the license requirement you are imposing upon me. I believe you might still have an ordinance and you might still enforce it without making me buy the occupational license. That's the easy way out. Let's get this guy licensed. If he doesn't perform, let's yank his license, in due process, he's out the door; that's the way I see it. That's all I have to say. Unidentified Speaker: Mr. Mayor, I would just like to say that the Association is exactly between the two extreme points of view: total regulation so that the small businesses are wiped out, and no regulation whatsoever. Our point is exactly in the middle, 98% of this law is agreeable to us. All we are saying is do you really need criminal penalties for small busieessmen? Do they really need this added expense when in 24 hours Mr. Gary can have a hearing and wipe them out of business? Isn't that enough? All we need to do is have time to sit down with Mr. Gary's office and Mr. Garcia's office and explain to them exactly.... Mr. Gary: We've had that. Unidentified Speaker: ....where this law can be modified and the public will be protected. I guarantee this Commission, if those modifications are made, there will be absolutely no rate rasing because of this. We are with the public. We are also members of the public. We are in favor of holding the line on rates, but we have to do it based on cost. If this City Commission puts more costs on us, we're small businessmen, we can't stay afloat. More time, not a 'yes' or a 'no,' more time is what we ask you to let us be heard. Thank you. Mayor Ferre: Questions from the Commission, Commissioner Carollo. 34 sl -NOV 7 0 1;0-10i Mr. Carollo: Mr. Mayor, I think this is a heck of a lot more complicated an item than we all really are prepared to deal with today. I, for one, would like to defer this, at least, until the December meetings that we have to have the opportunity to really go thoroughly what both sides are presenting. Mayor Ferre: This is the second time this item has been deferred, but Mr. Manager, I think the request is a reasonable one, because we were in the middle of a campaign. Frankly, under normal circumstances, I would only allow one deferral, but I think under the circumstances that this is a very complicated item. I'm going to tell you right now that I plan to vote with the Administration. I see no reason why I shouldn't vote, as long as the City Attorney tells me that this is both legal and constitutional, let me announce to the membership here that it is my intention to vote for this item. But I certainly think that there is a...I'm willing to listen to arguments, if you can convince me, I'm one to have an open mind on it. But there is a request here for a deferral and I think ... does anyone have a major objection to that? Mr. Gary: I could say that we have been kicking this thing around since September. We have a serious problem on the street with regard to abuses that citizens of Miami are suffering. I think it is something that needs to be implemented. I think there is an opportunity, Mr. Mayor, if this is passed that if we have meetings afterwards and they come back to you for amendments, I think that would be more appropriate than to continue to postpone and not have any regulations for which the citizens of Miami are suffering greatly. Mayor Ferre: Let me tell you that both Commissioners Plummer and Carollo along with myself can tell you, the firstmost talked about subject in my campaign as I walked around was trash pick up. That was the single... people didn't want to talk to me about crime. They weren't worried about getting more police officers on the street. At least that's not what I was hearing. But I tell you I didn't go to a meeting where somebody didn't hit me about trash pick up, not one. There wasn't one meeting that I didn't go to. The second thing that I kept hearing was about these terrible abuses about these people that would tow away the cars and the police being overly strong or harsh, ticketing and what have you and especially with these tow operations. I mean, people are just angry about that. That, by the way, includes parking meters. Boy, I heard more about those darn parking meters. I tell you, I wish I had never heard about a parking meter in my life. I didn't go in a meeting in the Cuban community where the second subject wasn't on parking meters. Everytime I said I had nothing to do with it, "It's your fault. It's your fault. You're the one who's responsible." I'm ready to vote for it, but it's up to the rest of the Commission. We have a request by Commissioner Carollo to defer it. We have been in the middle of an election, but I'm willing to abide by the will of the majority here. Any problems with deferral? Mr. Dawkins: No. Mayor Ferre: There is a motion to defer item 19 until the December meeting. Ladies and gentlemen of this industry, this is the last deferral. In December we vote. Mr. Dawkins: I would hope that you will come around, as the Mayor said, and explain to us your positions. One of the things that I would like to know what you have done among yourselves to police the industry and get the bad apples out from among yourselves. These are some of the things I would like to discuss with you to find out what is what. Mayor Ferre: Moved by Carollo. Seconded by Dawkins. Further discussion that this item be deferred until the meeting of December 8th? Further discussion? Call the roll. 35 sl .NOV 161983 r� -. tv Mr. Carollo: Howard, can you enlighten us more on that, because I think you have some pretty good research on that subject. Mr. Donald Cather: The problem is not with Florida Power and Light and Southern Bell itself; it's with the contractors that do work for Florida Power and Light under contract and for Southern Bell, under contract. What we are trying to do is establish the means of making sure that they comply with Florida Power & Light franchise requirements. In separate contracts that does his work, and sometimes they do the work properly and sometimes they don't. We want to have some asurance, _ just like everyone else, that they are bonded, and that if they don't do the work properly and on time, that we lift the bond and do it ourselves. Mr. Plummer: Well, I would hope that the right thing, it seems like to me would be that you go back and tell Florida Power & Light their subcontractors are not living up to what they are supposed to. Mr. Gary: Yes, well, the problem with that is we have cut staff; we've cut staff. We are talking about a monitoring system that's even going to take more staff away from us. A lot of times that this Commission, as well as citizens, call us directly about problems. You tell us, go fix it. A lot of times, those problems are serious enough. I have been down streets that are newly paved streets that their contractors have excavated. They have left that street with a big pot whole in it and the asphalt has sunk. A lot of people in the neighborhoods don't complain about it, but yet again they have problems in terms of driving down those streets. We go in, if they don't comply, and go and fix that street and save us a lot of problems and a lot of liability. Mr. Carollo: Howard, the bottom line is that in all fairness, we have to protect the interest of the people of Miami first. I'm sorry for Florida Power & Light, Southern Bell, but I want you to recommend to us which is the safest course that we could take now to protect us, the people of Miami. That is what I would vote upon, whatever you recommend to me as the safest course that will protect our interests the best and the fullest. Mr. Gary: I think this is the safest course, Commissioner Carollo, not only in terms of putting the pressure and doing it right the first time, but correcting the problem, because we do have a liability. When people sue, they don't just I would understand it if a small firm ... we're talking about Florida Power & Light and Southern Bell, multi -billion dollar corporations complain about putting up a bond for which they get the money back if they do the work right. Mr. Carollo: I'm ready to make the motion. You have convinced me. Mayor Ferre: I'll accept your motion. Mr. Plummer: Let's hear from Florida Power & Light. Mr. Guy Sanchez: My name is Guy Sanchez, Manager of Miami Florida Power & Light. Mr. Gary, we have been doing restoration work for 40-50 years. I think our record shows that we have done an excellent job. There have been isolated cases lately, you are right, and we have taken action against those contractors to protect precisely the City of Miami. We use, we do not do the restoration work ourselves, you are not talking about the big corporation doing it itself. We use, in fact, minority contractors to do that kind of work. An establishment of performance bond will impact their getting a job, getting awarded the job. The extra cost will be passed to the consumers later, so all the citizens and the consumers of the City of Miami will be impacted by that. This is basically why we are requesting to be exempted from the ordinance. Mr. Gary: Let me respond. First of all, Florida Power & Light is asking us to absorb the liability for their minority participation. We are happy you are giving minority participants, but the corporation, we are saying, is responsible for getting the bond, first of all. Secondly, I would rather, to save the taxpayers millions of dollars from law suits, I think that would far exceed the cost of your getting them paying for the increase cost that you may have to charge them for fixing those pot holes. I could tell you, I drive in the City. I have seen your firm restore streets; and they are in 37 NOV 161983 sl Mr. Gary (Con't): deplorable condition. It's costing us a lot of time and money to do it. I think it is for our safety. Our fiduciary responsibility is to the citizens that we remove the liability from the City from law suits because your company or contractors are not restoring properly. The problem is yours and you need to resolve the problem of your contractors, and not put that burden on the City. Mr. Sanchez: The question I am asking you, Mr. Gary, is that if you go back in the thousands and thousands restoration works we have done, if one or two examples of isolated cases make reason enough to pass an ordinance of this nature that will affect so many contractors? Mr. Gary: Well, we're not just talking about Florida Power & Light. We're talking about others. Mr. Sanchez: That's what I'm talking about. Mr. Gary: We probably could go back and show you a lot of them that are still are in bad shape that you have not done. Mr. Sanchez: We have taken action against our contractors. Mr. Plummer: How about if Florida Power & Light or any other company that wants to, that you establish a bond, a performance bond in which if they don't do the work and we have to go in and do the work that we can draw from. Mr. Don Cather: That is our intention, to make a special case for Florida Power & Light and for Southern Bell. Mr. Plummer: No, but I think what Florida Power & Light is trying to avoid is having to put up an individual bond on each individual contract. Mr. Cather: That is correct, and that's what we intend to do is to have a general performance bond for Florida Power & Light and Southern Bell, for People's Gas, so they don't have to go and pull and provide a performance bond every time they make a little street cut, or sidewalk cut. Mr. Gary: That's right; it's simple. Mr. Cather: What we want is general ability to guarantee that when we go in there and do these street cuts, especially their contractors, that we can go in there and get the work done in an efficient manner. We know, and we are certainly not out to in any way interfere with Florida Power & Light general restoration, because that's what we are after. Mr. Gary: One of the concerns I have too and to put everything on the line, I drive through this town and I•find that the restorations in the rich parts of town are done with no problem. It's in the poor neighborhoods where we have problems. I think it is important that this City Commission go on record by telling these utility excavation companies and those who contract with them, that we are serious about them taking care of our public right of way. They feel the streets are not theirs. Why care if they are paved properly or not? Particularly after we put millions of dollars on the streets, brand new streets, when they come in and dig them up, the street looks like we just unpaved it, when we just spend millions of dollars for it. Mr. Sanchez: Mr. Gary: I can assure you that we do not discriminate neighborhoods or locations. We apply the same supervision, the same kind of contract, exactly the same kind of labor; we do not discriminate at all. Mr. Gary: I tell you what, that's not my experience. 0 NOV 161983 sl sl Mr. Plummer: Well, where is the middle ground? Is there a middle ground? Mr. Gary: The middle ground is, first of all, they can afford it, first of all. We are talking about a blanket where they only have to go one step at a time. Give us a blanket bond. This is a multi -million -dollar corporation; they can afford it. If it were a small firm, hey, I could understand, it's a small company. This is a multi -million -dollar corporation that has been destroying our streets, and we are tired of it. We want to hold them responsible; at least the work will be done, and we don't have to be chasing them to get the work done, just like we have on our street lights right now. Mr. Sanchez: Let me add to that, Mr. Gary, yes, we can afford it. Again, like any other expense in the operating cost of the company, it is passed on to us, as consumers. So, what you are doing is trying to increase the rates later on. Mr. Gary: That's fine. I have no problem with that for the mere fact that the cost associated with increasing those rates is going to be less than the liability of the City of Miami and the condition of our roads. Mr. Plummer: How much bond are you asking of them? Mr. Gary: It all depends on the cost of the roads, J.L., the cost of resurfacing. It all depends on the cost of restoring the street to its normal condition, and we are talking of peanuts. Mr. Plummer: I don't see where you have any choice. I tell you what I'll do, I'll move it. As far as I'm concerned, let's see what the track record is for a year. At the end of the year, if their track record is good, we will remove it for next year. Mr. Carollo: The motion was made, J.L. Mayor Ferre: It's been made and seconded. Further discussion on item 20? Read the ordinance. Mr. Plummer: With a one year review. Mr. Garcia -Pedrosa: With a one year review. Mayor Ferre: Further discussion? Call the roll on the amendment. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 54-39 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED CONCERNING COSTS FOR STREET RESTORATION BY PROVIDING FOR TIME FOR COMPLETION; PROVIDING FOR CONSEQUENCES OF FAILURE TO COMPLETE STREET RESTORATION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of September 29, 1983, it was taken up for its second and final reading by title and adoption. On motion of Commissioner Carollo, seconded by Commissioner Plummer, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9740 39 NOV 161983 09 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. 26. AUTHORIZE CITY MANAGER TO ALLOCATE AN AMOUNT EQUAL TO THE AMOUNT CONTRIBUTED BY THE CITY LAST FISCAL YEAR THEODORE R. GIBSON ORATORICAL/DECLAMATION CONTEST. Mayor Ferre: Take up item 9. Mr. Gary: First of all, I would like to say that this has been an on- going activity of the City, I think, since I've been here, almost. It is something that is, I guess, probably, worthwhile and instructive and I had an opportunity of.... Mr. Plummer: How much? Mr. Gary: The same amount they got last year. Mr. Plummer: Move it. Mayor Ferre: Is there a second? Mr. Perez: Second. Mayor Ferre: Seconded by Perez; further discussion? Call the roll. Further discussion on the recommendation on 9? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION 83-1026 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE AN AMOUNT EQUAL TO THE AMOUNT CONTRIBUTED BY THE CITY LAST FISCAL YEAR IN CONNECTION WITH THE "THEODORE R. GIBSON ORATORICAL DECLAMATION CONTEST." Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote; AYES: Commissioner Joe Carollo Commissioner Demetrio Perez, Jr. Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSTAIN: Commissioner Miller J. Dawkins ABSENT: None. sl NOV 161983 40 27. SECOND READING ORDINANCE: ESTABLISH A NEW SPECIAL REVENUE FUND ENTITLED "PRE-SCHOOL PROGRAM" AND APPROPRIATING FU14DS FOR ITS OPERATION. Mayor Ferre: Item 21. Mr. Manager, do we skip 21? Mr. Gary: No, we need to do this one. This is an appropriation of $120,300 for the pre-school program, which the City of Miami Recreation and Parks Department operates. Mr. Carollo: Move. Mayor Ferre: Moved by Carollo. Is there a second? Mr. Perez: Second. Mayor Ferre: Seconded by Perez. Further discussion? Read the ordinance. Do you want to say something? Unidentified Speaker: Yes, I do. Under the Economic Opportunity Act, it created programs for parks. It created day-care, which is a kindergarten type program. This too, comes under E.O.A. Mr. Gary: What are you trying to say? Unidentified Speaker: I'm trying to say that I object to it in this manner. I want to straighten up now and come _according to law This is part of the funds here from this program. E.O.A. is supposed to come through and set up these programs for day-care for working parents, which is ... not kindergarten type programs, I'm sorry ... they are day-care for working parents, which will be for the small children and to school age. This will be taken care of 24 hours a day. This is already constituted, signed into law, under the federal constitution, under E.O.A. new day-care. This is why these things are being prepared without the private sector since '73 or 174. This is why we come into conflicts of interest here. We are coming up with breaches of E.O.A.; we are coming out with monies being deleted in the wrong direction under a different department, who has no jurisdiction to delete these funds from this program. So now, this is a change that should be brought about so these things can go according to law, so we won't have the financial crisis, revenue sharing funds that cover this... I am responsible for this. You can check it out. It's under E.O.A. and the private sector. We lead this. So we will get the specifics according to law and carry it out properly. Mr. Gary: Mr. Mayor, I can assure on the record to the Commission that the passing of this particular legislation.... Mayor Ferre: Excuse me, Mr. Manager, I just saw the Commissioner Barbara Carey, who just walked in. I want to stop everything that is going on to especially recognize her and thank her for her leadership and for her participation in the events in the community in recent weeks. Thank you very much, Commissioner. Commissioner, are you here on a particular item that we could take up for you? What item is that? Mr. Gary: It's the Revenue 'Sharing. Mayor Ferre: We'll take up that as quickly as we can now. Unidentifed Speaker: This is why we have misuse of funds. Because these funds are deleted. I have documents of proof here which I just showed Mr. Gary. This is Federal Funds. Hi sl 1NOV 16 1983 .. 40 Mr. Gary: Mr. Mayor, there is no deletion here. As a matter of fact, I'm adding money. I can assure the Commission that everything is done appropriately. These are funds that come not only from the Federal Government and the Department of Agriculture, but from fees that are collected from parents for the operation of our pre-school program and I urge your adoption of this item. Mayor Ferre: What is the will of this Commission? Mr. Carollo: I make the motion for $120,000. Mayor Ferre: This is item 21, Joe. Mr. Dawkins: Joe moves; I second. Mayor Ferre: We are on item 21, I think. Mr. Gary: Yes, 21. Mayor Ferre: It's been moved by Carollo and seconded by Dawkins. Further discussion on item 21? Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "PRE-SCHOOL PROGRAM" AND APPROPRIATING FUNDS FOR ITS OPERATION IN THE AMOUNT OF $120,300 COMPOSED OF REVENUES COLLECTED FROM PARTICIPATION FEES AND DESIGNATED FOOD REIMBURSEMENTS FROM THE UNITED STATES DEPARTMENT OF AGRICULATURE FOOD PROGRAM DURING FISCAL YEAR 1983-84, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of October 25, 1983, it was taken up for its second and final reading by title and adoption. On motion of Commissioner Carollo, seconded by CommissionerPerez, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9741 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. NOV 16 1983 sl i 0 28. SECOND READING ORDINANCE: X[END ANNUAL APPROPRIATIONS ORDINANCE, DEPARTMENT OF COMMUNITY DEVELOPMENT FOR THE PURPOSE OF FUNDING A COMMUNITY DEVELOPMENT SPECIALIST POSITION AND CITIZENS RESPONSE CENTER INFORMATION VAN TO ACT AS A LIAISON WITH THE HAITIAN COMMUNITY. Mayor Ferre: Mr. Manager, how about item 22? Can we skip that? Mr. Gary: No, Mr. Mayor, we need this. In our Community Development Department with regard to citizens referals and citizens information, we unfortunately do not have someone who can address the myriad of problems in the Haitian community. What we think should be done is that.... Mr. Carollo: Move. Mr. Dawkins: Second. Mayor Ferre: It's been moved and seconded. Is there further discussion? Read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 9684 ADOPTED SEPTEMBER 29, 1983, THE ANNUAL APPROPRIATIONS ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 1984, BY INCREASING THE APPROPRIATION IN THE GENERAL FUND FOR THE DEPARTMENT OF COMMUNITY DEVELOPMENT IN THE AMOUNT OF $25,120 AND BY DECREASING THE APPROPRIATION FOR SPECIAL PROGRAMS AND ACCOUNTS CONTINGENCY FUND IN THE LIKE AMOUNT FOR THE PURPOSE OF FUNDING A COMMUNITY INVOLVEMENT SPECIALIST POSITION TO WORK IN THE CITIZEN RESPONSE CENTER AND OPERATE THE INFORMATION VAN, SERVING AS A LIAISON WITH THE HAITIAN COMMUNITY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of October 25, 1983, it was taken up for its second and final reading by title and adoption. On motion of Commissioner Carollo, 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 Joe Carollo Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9742 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. 43 NOV 16 1983 sl i 0 29. SECOND READING ORDINANCE: ESTABLISH A NEW SPECIAL REVENUE FUND ENTITLED "PARKS DEVELOPMENT FUND." Mayor Ferre: Take up 23. Mr. Gary: Mr. Mayor, this is following one of your recommendations that we get people to adopt a park, so that we can all set some of the needs of the parks. This sets up a fund to collect those funds as we get people to adopt a park. Mayor Ferre: Is there a motion? Mr. Carollo: Move. Mayor Ferre: Carollo moves. Perez seconds. Further discussion? Read 23. AN ORDINANCE ENTITLED - AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED "PARK DEVELOPMENT FUND" FOR THE PURPOSE OF PROVIDING AN ACCOUNTING SYSTEM TO ACCEPT AND APPROPRIATE PRIVATE DONATIONS FOR PARK DEVELOPMENT PROJECTS. Passed on its first reading by title at the meeting of June 9, 1983, it was taken up for its second and final reading by title and adoption. On motion of Commissioner Carollo, seconded by Commissioner Perez, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9743 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. ----------------------------- -------------------------------------------- 30. SECOND READING ORDINANCE: AMEND CHAPTER 22 ENTITLED GARBAGE AND TRASH OF THE CODE OF THE CITY OF MIAMI, FLORIDA, RELATING TO WASTE FEES TO CONSTITUTE SPECIAL ASSESSMENTS LIENS AGAINST ALL WROVED REAL PROPERTY. Mr. Gary: Mr. Mayor, I would like to do number 24 next. AT THIS POINT THE CITY COMMISSION TOOK A BRIEF RECESS. Mayor Ferre: Yes, Mr. Manager, we will take up item 24 first. Right? sl 44 NOV 161983 a 0 Mr. Gary: Yes, Mr. Mayor, one of the problems we have is enforcing our waste fees because people are beginning to realize that we have no way of enforcing them. Therefore, they are becoming delinquent in their payments. We are asking the City Commission to pass this piece of legislation, which will put lien fees on the same category as the other fees, that if you don't pay it, it becomes a lien against your property. Mr. Plummer: Mr. Gary, I have no problem with imposing the enforcement of laws. But I want to tell you that I have a problem, I want you to - understand this, where I have a house vacant and I am still forced to pay a waste fee. I think that is wrong. I understand that juggles your revenue sources, but I want to tell you that if you provide a service, you get paid. If you don't provide a service, you don't get paid. To _ me that's just that simple. Mr. Gary: If I take that philosophy throughout, if you leave town and you live up in New York and you have a piece of property, then I should cut out a half of a police officer, one tenth of a police officer, one thousandth of a police officer. Mr. Plummer: You can argue all you want. I'm going to vote with you. Mr. Gary: Thank you. Mayor Ferre: Is that true of Key Biscayne too? Mr. Plummer: I want to tell you that I have a real problem with that. Mayor Ferre: All right, what do you all want to do now? Mr. Plummer: I move,24. Mayor Ferre: Mr. Dawkins? Mr. Dawkins: Since J.L. was so generous, I'll second it. Mayor Ferre: Read the ordinance, please. Further discussion? Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING CHAPTER 22, ENTITLED "GARBAGE AND TRASH" OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING SUBSECTIONS (b) AND (c) OF SECTION 22-13 THEREOF, ENTITLED "WASTE FEE TO CONSTITUTE SPECIAL ASSESSMENT LIENS AGAINST ALL IMPROVED REAL PROPERTY", PROVIDING THAT ALL WASTE FEES DUE AND UNPAID FOR THE PERIOD FROM MARCH 1, 1980 UNTIL JANUARY 1, 1981 CONSTITUTE SPECIAL ASSESSMENT LIENS; AND SETTING FORTH THE REQUIREMENTS FOR PERFECTING SAID LIENS; FURTHER AUTHORIZING THE DEPARTMENT OF SOLID WASTE TO VERIFY THE AMOUNT OF WASTE FEES DUE, IF ANY, UPON ANY PARCEL OF REAL PROPERTY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of October 25, 1983, it 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 Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo Commissioner Demetrio Perez, Jr. sl 45 NOV 161983 SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9744 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. 31. FIRST READING ORDINANCE: AMEND CHAPTER 30-53, 30-54 BY REMISING FEE SCHEDULES FOR CITY OF MIAMI GOLF COURSES. Mayor Ferre: We are now on 28. Mr. Gary: Mr. Mayor, this item basically upgrades our green fees to be compared to everybody else's and allows us to maintain the enterprise fund. Mayor Ferre: Plummer moves; Dawkins seconds. Further discussion? Read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SUBSECTIONS (A)(2) AND (B)(1) AND (2) OF SECTION 30-53, ENTITLED "GREEN FEES" AND SUBSECTIONS (A)(1) AND (2) OF SECTION 30-54, ENTITLED "CART FEES", AND SECTION 30-55, ENTITLED "SPECIAL RATES", OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY REVISING THE FEE SCHEDULE FOR CITY OF MIAMI GOLF COURSES; 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 Joe Carollo Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. 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. sl 46 NOV 161983 32. FIRST READING ORDINANCE: AMEND ANNIAL APPROPRIATIONS ORDINANCE; INCREASE APPROPRIATIONS TO EN ER RISE FUND FROM MIAMI SPRINGS GOLF COURSE TO PERMIT THE LEASING OF 63 ELECTRIC GOLF CARTS. Mavor Ferre: Take 29 Mr. Gary: Mr. Mayor, this item a.propriates S�,O,C K for the leasing - of -golf carts and the purchase of a pro shop at the Mia=i Springs Golf Course. Mr. Carollo: Mcve. Mayor Ferre: Is there a second'. Mr. Dawkins: That's the same S 0, you just said I was going to pick up another one, now you are going tc spend it, hu::' Mr. Carollo: $70,000. Mr. Dawkins: Yes, the 570,000 you picked up on 28, now you are spending it on 29. Mr. Garv: No, this makes money for us because now we get all the money from leasing the carts where the money is, where before we gave it to somebody else. Mr. Dawkins: So move. Mayor Ferre: By the way, who is getting the contract for that? Mr. Carollo: Taking it from. Peter to give to Paul, huh? Mr. Gary: We're running it ourselves. Mavor Ferre: Further discussion'. Call the roll. Read the ordinance. A`, ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECIIONS 1 AND 6 OF ORDINANCE NO. 9502, ADOPTED SEPTEMBER 23, 1982, THE AN`NTAL APPROPRIATION ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1983, AS AMENDED, BY INCREASING THE APPROPRIATION FOR THE ENTERPRISE FUND FOR THE MIAMI SPRINGS GOLF COURSE $40,000, BY INCREASING THE ANTICIPATED REVENUES IN THE SAME AMOUNT FROM THE FY'83 RENTAL REVENUES FROM SAID GOLF CARTS AND PRO SHOP OPERATIONS, FOR THE PURPOSE OF ALLOCATING $30,000 FOR THE LEASING OF 65 ELECTRIC GOLF CARTS kND $10,000 FOR THE PURCHASING OF PRO SHOP INVENTORY: CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. Was introduced by Commissioner Carollo, and seconded by Commissioner Dawkins and passed on its first reading by title by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. 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. sl 4'1 N 0 V 16 1983 L a -------------------------------------------------------------------------- 33. FIRST READING ORDINANCE: AMEND SECTION 39-15 OF CHAPTER 39 OF THE CODE ENTITLED PEDDLER'S, ITINERANT MANUFACTURERS, LOCKSMITHS, AND TOOL GRINDERS, ICE CREAM VENDORS, ETC.; REPEAL THE PROVISION WHICH PROHIBITED RETAIL PEDDLERS SOLICITING BUSINESS WITHIN 300 FEET OF ESTABLISHED BUSINESSES AND SELLING LIKE GOODS. Mayor Ferre: Take up 30. Mr. Carollo: Move 30. Mayor Ferre: Carollo moves 30. Mr. Dawkins: Second. Mr. Plummer: Does this also cover the so-called traveling stores? Mr. Gary: No, this.... Mayor Ferre: It's been moved and seconded. 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 TO 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; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Carollo, and seconded by Commissioner Dawkins and passed on its first reading by title by the following vote: AYES: Commissioner Joe Carollo Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice -A. Ferre NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. _ sl 48 NOV 161983 34. FIRST READING ORDINANCE: SET FORTH PROPOSED CHARTER AMENDMENT NUMBER 1; CORRECTING GRAMMATICAL, SYNTACTICAL AND LINGUISTIC ERRORS, ELIMINATING OBSOLETE OR REDUNDANT PROVISIONS AND RESTRUCTURING AND RENUMBERING CHARTER SECTIONS. Mr. Carollo: Move 33. Mayor Ferre: Carollo moves 33. Is there a second? Perez seconds. Further discussion? Read the ordinance. Call the roll. Mr. Plummer: Wait, under discussion, what is the amendment number one? Mr. Robert Clark: That is the Charter revision, which has been prepared by the City Attorney's office. Mr. Plummer: I am looking also at item 49. Mayor Ferre: 49 is a resolution. This is the ordinance. By law we read ordinances first before we do resolutions. Mr. Plummer: What does it propose to do. Mayor Ferre: It cleans up the Charter, J.L. Mr. Garcia -Pedrosa: There are three things that it does, Commissioner. First, it eliminates obsolete materials. Secondly, it cleans up the Charter grammatically, syntactically, and so forth. Mayor Ferre: There are all kinds of grammatical errors in the thing. Mr. Garcia -Pedrosa: And third, we restructured, reorganized, renumbered, so that everything is together where it should be and it is not scattered all over. Mayor Ferre: In other words, this answers all the criticisms that people like Dan Paul and others are always saying that this Charter... nobody can understand it; it is obsolete and so on. Mr. Garcia -Pedrosa: Mr. Mayor, as a result of the committee that you appointed, there are some fairly minor changes that I would propose to bring before you for second reading. Mayor Ferre: Wait a minute, let's understand, your charge was that you were going to have the Black Law Association, the Cuban Law Association, the Deans of the Law Schools, and so on. Mr. Garcia -Pedrosa: That's all been done, Mr. Mayor. Mayor Ferre: And that you were supposed to deal with nothing substantive, in other words, it was just purely to put it in proper syntax, clean up the grammar, and get rid of obsolete things such as that bars could not have windows so that wives couldn't look in to see their husbands drinking, or whatever it was. Wasn't that part of our Charter, some crazy law like that? Mr. Garcia -Pedrosa: That wasn't in the Charter, but if it had been, it would have been part of the charge. That's been done, Mr. Mayor. The problem is that because the members of the committee responded at different times and as late as two days ago I met with the last one of them, I want to bring their suggestions before you for the second reading, which are minor in nature, and should not upset this reading. sl 49 NOV 161983 6 Mayor Ferre: Again, we are not changing anything substantive. Mr. Garcia -Pedrosa: That is correct, Mr. Mayor. Mayor Ferre: Further discussion? Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE SETTING FORTH A PROPOSED CHARTER AMENDMENT, KNOWN AS "CHARTER AMENDMENT NO. 1", AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, BY CORRECTING GRAMMATICAL, SYNTACTICAL, AND LINGUISTIC ERRORS; ELIMINATING OBSOLETE OR REDUNDANT PROVISIONS; AND RESTRUCTURING AND RENUMBERING CHARTER SECTIONS AND PARTS THEREOF FOR CLARITY; INSTRUCTING THE PROPER CITY OFFICIALS TO TAKE ALL NECESSARY ACTIONS FOR SUBMISSION OF SAID PROPOSED CHARTER AMENDMENT TO THE ELECTORATE AT A SPECIAL MUNICIPAL ELECTION ON MARCH 13, 1484; AND CONTAINING A SEVERABILITY CLAUSE. Was introduced by Commissioner Carollo, and seconded by Commissioner Perez and passed on its first reading by title by the following vote: AYES: Commissioner Joe Carollo Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 35. ACCEPT COMPLETED WORK - SHAFTER AND MILLER, INC., DOWNTOWN GOVERNMENT CENTER. Mayor Ferre: We are now on 34. Mr. Gary: Mr. Mayor, this is the final payment for the construction of the downtown Government Garage for $403,631.32. Mayor Ferre: Does somebody want to move that? Mr. Carollo: Move. Mayor Ferre: Moved by Carollo. Is there a second? Seconded by Perez. Further discussion? Call the roll. sl 50 NOV 16 1983 0 The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 83-1027 A RESOLUTION ACCEPTING THE COMPLETED WORK OF SHAFER AND MILLER, INC. FOR DOWNTOWN GOVERNMENT CENTER; AND AUTHORIZING A FINAL PAYMENT OF $403,631.32. (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 Joe Carollo Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. 36. ALLOCATE $3,117.29 TO SATISFY FINANCIAL OBLIGATIONS TO COCONUT GROVE LOCAL DEVELOPMENT CORPORATION. Mayor Ferre: Take up 35. Mr. Dawkins: Move it. Mayor Ferre: Moved by Dawkins. Further discussion? Mr. Plummer: Second. Mayor Ferre: Seconded by Plummer. Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 83-1028 A RESOLUTION ALLOCATING THE AMOUNT OF $3,117.29 FROM THE SPECIAL PROGRAMS AND ACCOUNT CONTINGENT FUND TO THE COCONUT GROVE LOCAL DEVELOPMENT CORPORATION (CGLDC) TO SATISFY THE FINANCIAL OBLIGATIONS OF CGLDC WITH REIMBURSEMENT TO THE CITY OF MIAMI ON OR BEFORE JANUARY 1, 1984. (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: 51 sl NOV 161963 6 0 sl AYES: Commissioner Joe Carollo Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. 37. REQUEST FINANCIAL ASSISTANCE IN THE AMOUNT OF $455,000 FROM FLORIDA BOATING IMPROVEMENT PROGRAM. Mayor Ferre: Take up 36. Mr. Dawkins: J.L. will move it. We are accepting money; J.L. will move. Mr. Plummer: Move. Mayor Ferre: Plummer moves. Dawkins seconds. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 83-1029 A RESOLUTION REQUESTING FINANCIAL ASSISTANCE IN THE AMOUNT OF $455,000 FROM THE FLORIDA BOATING IMPROVEMENT PROGRAM; ACCEPTING SAID FUNDS FROM THE METROPOLITAN DADE COUNTY COMMISSION; AND AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY AGREEMENT(S) TO RECEIVE SAID FUNDS FOR THE PURPOSE OF FUNDING THE DINNER KEY LANDING REDEVELOPMENT 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 Joe Carollo Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. P52 NOY 1619B3 a 0 38. RATIFY AND CONFIRM PAYMENT OF $20,000 TO CORONADO STUDIOS FOR THE PRODUCTION OF A TEN MINUTE FILM OF THE INAUGURATION OF THE MIAMI CONVENTION CENTER. Mayor Ferre: Take up 38. Mr. Gary: This is an item that the Commission passed on motion when we dedicated the Knight Convention Center to have the ceremonies filmed so we could use it on future promotions. This is just a ratification of that action. We need four fifths. Mayor Ferre: Plummer moves, Perez seconds. Further discussion on 38? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 83-1030 A RESOLUTION RATIFYING AND CONFIRMING THE PAYMENT OF $20,000 FROM THE SPECIAL PROGRAMS AND ACCOUNTS CONTINGENCY FUND, TO CORONADO STUDIOS FOR THE PRODUCTION OF A TEN (10) MINUTE FILM OF THE INAUGURATION OF THE MIAMI CONVENTION CENTER ON OCTOBER 1, 1983. (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 Joe Carollo Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. 39. WAIVE THE COMPLIMENTARY TICKET LIMITATION 500 MAXIMUM AS MANDATED IN SECTION 53-141 OF THE CODE OF THE CITY FOR THE PARTNERS FOR YOUTH UNIVERSITY OF MIAMI/CITY OF MIAMI PROGRAM CONCERNING THE ADMISSION OF YOUTH TO THE UNIVERSITY OF MIAMI HURRICANES HOME GAME. Mayor Ferre: Item 39, Mr. Carollo: Move. Mr. Dawkins: Second. Mayor Ferre: Carollo moves. Dawkins seconds. Further discussion? Call the roll. 53 NOV 16 1983 sl a 0 The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 83-1031 A RESOLUTION WAIVING THE COMPLIMENTARY TICKET LIMITATION (500 MAXIMUM) AS MANDATED IN SECTION 53-141 OF THE CODE OF THE CITY OF MIAMI FOR THE PARTNERS FOR YOUTH, UNIVERSITY OF MIAMI, CITY OF MIAMI PROGRAM IN WHICH AN AVERAGE OF 4,000 YOUTHS ARE GRANTED FREE ADMISSION TO EACH UNIVERSITY OF MIAMI HURRICANES HOME GAME, THEREBY EXEMPTING SAID PROGRAM FROM THE REQUIRED ORANGE BOWL ADMISSION TAX, RETROACTIVE FROM SEPTEMBER 17, 1983. (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 Joe Carollo Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. 40. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT; INSITUTE FOR PUBLIC POLICY OPINION RESEARCH (IPPOR) TO CONDUCT RECREATION NEEDS ASSESSMENT SURVEY FOR THE CITY. Mayor Ferre: Take up 41. Mr. Perez: Move. Mayor Ferre: Perez moves. Is there a second? Mr. Carollo: Move. Mayor Ferre: Seconded by Carollo. Further discussion? Call the roll. The following resolution was introduced by Commissioner Perez, who moved its adoption: RESOLUTION NO. 83-1032 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES, SUBJECT TO THE CITY ATTORNEY'S APPROVAL AS TO FORM AND CORRECTNESS, WITH THE INSTITUTE FOR PUBLIC POLICY OPINION RESEARCH (IPPOR) TO CONDUCT A RECREATION NEEDS ASSESSMENT SURVEY FOR THE CITY OF MIAMI AT A -COST OF $23,380 WITH FUNDS THEREFOR ALLOCATED FROM THE FISCAL YEAR 1983 DEPARTMENT OF RECREATION GENERAL FUND BUDGET. (Here follows body of resolution, omitted herein and on file in the Office of the Clerk). 54 Nov 1611%WI03 sl a 0 Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. Mayor Ferre: Mr. Manager, tell me again what 41 does. Mr. Gary: Item 41, Mr. Mayor, you know we did a study of the Recreation Department. One of the problems that came out was that we may not be providing the types of recreational needs that the individual communities want. This is to get a professional firm in to assess the community needs so that we can begin to provide services based on community needs as opposed to.... Mayor Ferre: O.K., and who's is the Institute for Public Policy Opinion Research? Mr. Gary: This is a group of people that have done ... it's three firms. This is the best of the three firms in our estimation, who go out and do opinion.... Mayor Ferre: Who are the principals is what I'm trying to find out. Mr. Dawkins: F.I.U. Mr. Gary: Florida Atlantic University. Mr. Dawkins: This is combined F.I.U./F.A.U. Mr. Gary: Right. 41. RESOLUTION OFFICIALLY NAMING THE PARK PRESENTLY KNOWN AS THE BRICKELL PLAZA MINI -PARK AT S.E. 1ST AVE. AND LOTH ST. TO BE NAMED THE ALLEN MORRIS, SR. MINI-PARK. -------------------------------------------------------------------------- Mayor Ferre: Do 42, because that's a simple one. Let's get this over with Allen Morris. Plummer moves; Perez seconds. Further discussion on 42? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 83-1033 A RESOLUTION NAMING THE BRICKELL PLAZA MINI PARK AT S.E. 1 AVENUE AND 10 STREET, THE "ALLEN MORRIS, SR. MINI PARK". (Here follows body of resolution, omitted herein and on file in the Office of the Clerk). J5 sl NOV 16 1983 6 0 Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. ON ROLL CALL: Mr. Carollo: This is 43 you said, right? Mayor Ferre: Item 42. Allen Morris gave the land. This is just naming the park. 42. AUTHORIZE CITY MANAGER TO EXECUTE INDIVIDUAL CONSTRUCTUAL AGREEMENTS WITH 8 NEIGHBORHOOD ECONOMIC DEVELOPMENT ORGANIZATIONS. Mr. Carollo: Move 43. Mayor Ferre: Carollo moves 43. Is there a second? Mr. Plummer: Excuse me, on 43.... Mr. Dawkins: Second. Mr. Plummer: ....do I have a conflict of interest? I do own a business in that Little Havana Target Area? Mr. Gary: We don't plan to do yours anyway. Mr. Plummer: Move to deny. Mr. Dawkins: Don't deny. Let's get rid of the Manager. Mr. Plummer: That's not a bad idea. Mr. Gary: I move. Mr. Plummer: I'm just putting it on the record that I do own a business in the area. I don't think that I stand to gain anything financially from it, but I just want to put it on the record. Mr. Dawkins: J.L. and I just voted we would do your piece of property first. Mr. Plummer: O.K. Mr. Carollo: Not unless somebody dies. Mayor Ferre: Further discussion? Call the roll. el L�� sl NOV 16 t983 41 The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 83-1034 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL CONTRACTUAL AGREEMENTS WITH EIGHT (8) NEIGHBORHOOD ECONOMIC DEVELOPMENT ORGANIZATIONS, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, FOR THE AMOUNTS SPECIFIED FOR EACH, FOR THE PURPOSE OF IMPLEMENTING A COMMERCIAL FACADE TREATMENT PROGRAM, WITH FUNDS ALLOCATED FROM THE NINTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT. (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 Joe Carollo Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor J.L.' Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. 43. AUTHORIZE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH BOSWORTH AERIAL SERVICES INC. FOR AERIAL PHOTOGRAPHY OF THE CITY OF MIAMI. Mayor Ferre: Item 44. Mr. Gary: This is the agreement for the aerial photography services. Mayor Ferre: Is this the firm...I thought we were going to advertise that? Mr. Gary: No, we did, Mr. Mayor. There were three firms. We awarded this twice to the other two firms who did not fulfill the contract, so we had to go to the third one. Mayor Ferre: All right, who wants to move this? Mr. Carollo: Move. Mayor Ferre: Carollo moves; Plummer seconds. Further discussion on 44? Call the roll. 57 Nov 16 i983 sl 6 0 The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 83-1035 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, WHICH HAS BEEN NEGOTIATED WITH BOSWORTH AERIAL SERVICES INC., FOR AERIAL PHOTOGRAPHY OF THE CITY OF MIAMI AND ITS RIGHTS OF WAY; USING PREVIOUSLY ALLOCATED FUNDS IN THE AMOUNT OF $49,850 FROM THE LOCAL OPTION GAS TAX TRANSPORTATION ENTERPRISE FUND TO COVER THE COST OF SAID WORK. (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 Joe Carollo Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. 44. RATIFY, APPROVE AND CONFIRM CITY MANAGER'S ACCEPTANCE OF GRANT FROM THE STATE OF FLORIDA DEPARTMENT OF VETERAN AND COMMUNITY AFFAIRS FOR A CHILD DAY CARE PROGRAM. Mayor Ferre: Take up 47. Mr. Carollo: Move. Mr. Dawkins: Second. Mayor Ferre: Carollo moves; Dawkins seconds. Further discussion? Call the roll on 47. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 83-1036 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S ACCEPTANCE OF A GRANT FROM THE STATE OF FLORIDA: DEPARTMENT OF VETERAN AND COMMUNITY AFFAIRS IN THE AMOUNT OF $16,000 TO CONDUCT A CHILD DAY CARE PROGRAM; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY CONTRACT(S) AND AGREEMENT(S) TO EMPLEMENT THE PROGRAM. (Here follows body of resolution, omitted herein and on file in the Office of the Clerk). 58 NOV 161963 sl 0 Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. 45. ACCEPT BID: ALLAPATTAH INDUSTRIAL AREA HIGHWAY IMPROVEMENT PHASE IB B-4485. Mr. Carollo: Move 52. Mayor Ferre: Carollo has moved 52. Mr. Dawkins: Second. Mayor Ferre: Dawkins has seconded. Further discussion on item 52? Call the roll. The following resolution wis introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 83-1037 A RESOLUTION ACCEPTING THE BID OF FRE CONSTRUCTION COMPANY, INC. IN THE PROPOSED AMOUNT OF $799,962.50, BIDS "A", "B", "C" OF THE PROPOSAL, FOR ALLAPATTAH INDUSTRIAL AREA HIGHWAY IMPROVEMENT -PHASE I IN ALLAPATTAH INDUSTRIAL AREA HIGHWAY IMPROVEMENT DISTRICT H-4485; WITH MONIES THEREFOR ALLOCATED FROM THE "ALLAPATTAH INDUSTRIAL AREA STREET IMPROVEMENTS" ACCOUNT IN THE AMOUNT OF $799,962.50 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $103,995.50 TO COVER THE COST OF PROJECT EXPENSE;"ALLOCATING FROM SAID FUND THE AMOUNT OF $16,000.00 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted 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 Joe Carollo Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. 59 NOV 16 1983 sl sl 46. ACCEPT BID: 95 FIRE NOZZLES FOR THE DEPARTMENT OF FIRE RESCUE AND INSPECTION SERVICES. Mayor Ferre: We're on 53. Mr. Carollo: Move. Mayor Ferre: Carollo moves 53. Perez seconds. Further discussion? Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 83-1038 A RESOLUTION ACCEPTING THE BIDS OF HAROLD'S SALES AND SERVICE AT A COST OF $10,835.10, FIRELINE, INC. AT A COST OF $9,947.00 AND JACKSONVILLE FIRE EQUIPMENT CO. AT A COST OF $1,601.40 FOR FURNISHING APPROXIMATELY 95 FIRE HOSE NOZZLES TO THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES AT A TOTAL COST OF $22,383.50; ALLOCATING FUNDS THEREFOR FROM THE PRIOR YEAR RESERVE FUND: AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHASING AGENT TO ISSUE 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 Perez, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. 47. ACCEPT BID: BASE BID PLUS ADDITIVE ALTERNATIVES #3, #5, AND #7 OF THE PROPOSALS FOR JOSE MARTI RIVERFRONT PARK, PHASE II, SECOND BIDDING. Mr. Carollo: Move 54. Mr. Dawkins: Second. Mayor Ferre: Item 54, moved and seconded. Further discussion? Call the roll. s4 NOV 16 1983 E The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 83-1039 A RESOLUTION ACCEPTING THE BID OF BETTER CONSTRUCTION, INC. IN THE PROPOSED AMOUNT OF $907,943, BASE BID PLUS ADDITIVE ALTERNATES P3, #5, AND #7 OF THE PROPOSAL, FOR JOSE MARTI RIVERFRONT PARK - PHASE II (2ND BIDDING); WITH MONIES THEREFOR ALLOCATED FROM THE "JOSE MARTI RIVERFRONT PARK - PHASE II" ACCOUNT IN THE AMOUNT OF $907,943 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $17,751 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $11,331 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted 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 Joe Carollo Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. 48. ACCEPT BID: PURCHASE OF ONE RADIO PAGING BASE STATION FOR THE DEPARTMENT OF BUILDING & VEHICLE MAINTENANCE. Mr. Carollo: Move 55. Mayor Ferre: Carollo moves 55. Perez seconds. Further discussion? Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 83-1040 A RESOLUTION ACCEPTING THE BID OF MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC. FOR FURNISHING ONE (1) RADIO PAGING BASE STATION TO THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE AT A TOTAL COST OF $12,200.00; 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. (Here follows body of resolution, omitted herein and on file in the Office of the Clerk). NOV 16 1983 sl 4 9 Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. 49. ACCEPT BID: 4,000 STADIUM SEATS, BACKS AND PARTS FOR THE DEPT. OF BUILDING & VEHICLE MAINTENANCE. Mr. Carollo: Move 56. Mayor Ferre: Carollo moves 56. Dawkins seconds. O.K.? Mr. Dawkins: Ahuh. Mayor Ferre: Further discussion? Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 83-1041 A RESOLUTION ACCEPTING THE BID OF AMERICAN SEATING COMPANY FOR FURNISHING APPROXIMATELY 4,000 STADIUM SEATS, BACKS AND PARTS TO THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE AT A TOTAL COST OF $35,920.00; 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 THESE MATERIALS. (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 Joe Carollo Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. sl �� NOV � 61983 I 50. ACCEPT BID: CITY WIDE SANITARY SEWER IMPROVEMENT ALLAPATTAH INDUSTRIAL AREA DISTRICT SR-5497-C. Mr. Carollo: Move 57. Mayor Ferre: Carollo moves 57. Is there a second? Mr. Dawkins: Second. Mayor Ferre: Seconded by Dawkins. Further discussion? Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 83-1042 A RESOLUTION ACCEPTING THE BID OF JOE REINERTSON EQUIPMENT COMPANY IN THE PROPOSED AMOUNT OF $85,235, BID "D" OF THE PROPOSAL, FOR CITY WIDE SANITARY SEWER IMPROVEMENT - ALLAPATTAH INDUSTRIAL AREA, BID "D", IN CITY WIDE SANITARY SEWER IMPROVEMENT - ALLAPATTAH INDUSTRIAL AREA DISTRICT SR-5497-C (CENTERLINE SEWER); WITH MONIES THEREFOR ALLOCATED FROM THE "CITY WIDE SANITARY SEWER EXTENSIONS IMPROVEMENT" ACCOUNT IN THE AMOUNT OF $85,235 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $11,080 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $1,705 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted 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 Joe Carollo Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. sl jV NOV 1619 83 4 1 -------------------------------------------------------------------------- 51. ACCEPT BID: GRAND AVENUE SIDEWALK IMPROVEMENT H-4483. -------------------------------------------------------------------------- - Mr. Carollo: Move 59. Mayor Ferre: Carollo moves 59. Mr. Dawkins: Second. Mayor Ferre: Dawkins seconds. Further discussion? Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 83-1043 A RESOLUTION ACCEPTING THE BID OF FRE CONSTRUCTION CO., INC., IN THE PROPOSED AMOUNT OF $159,795, TOTAL BID OF THE PROPOSAL, FOR GRAND AVENUE SIDEWALK IMPROVEMENT IN THE GRAND AVENUE HIGHWAY IMPROVEMENT DISTRICT H-4483; WITH MONIES THEREFOR ALLOCATED FROM THE "GRAND AVENUE IMPROVEMENTS" ACCOUNT IN THE AMOUNT OF $159,795 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $20,773 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $3,196 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted 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 Joe Carollo Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. 52. ACCEPT BID: ONE TRUCK TRANSMISSION FOR THE DEPARTMENT OF FIRE RESCUE AND INSPECTION SERVICES. Mr. Carollo: Move 60 Mayor Ferre: Carollo moves 60. Mr. Dawkins: That's the fire truck, J.L. Mayor Ferre: Plummer seconds. Further discussion? Call the roll. 64 sl NOV 161933 0 0 Mr. Plummer: Buying an engine for fire. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 83-1044 A RESOLUTION ACCEPTING THE BID OF R.P.M. DIESEL ENGINE COMPANY, INC. FOR FURNISHING ONE (1) TRUCK TRANSMISSION TO THE DEPARTMENT FIRE, RESCUE AND INSPECTION SERVICES AT A TOTAL COST OF $11,692.00; ALLOCATING FUNDS THEREFOR FROM THE PRIOR YEAR RESERVE FUND AND 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. (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 Joe Carollo Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. 53. CONSENT AGENDA Mayor Ferre: We are now on the Consent Agenda. Are there any items in the Consent Agenda that any members of the Commission wish to remove? Mr. Plummer: Well, you have to remove out of here, as I see it, 89. No, I see, as long as it passes by four fifths. Mayor Ferre: Is there anything anyone wants to remove? Are there any items that anybody in the public wish to discuss on items 74 to 89, the Consent Agenda? Mr. Dawkins: Pull 87. Mayor Ferre: Pull 87. Anything else? You want 84 pulled out? You want to talk about 84? The Chair recognizes you on 84. Mr. Salvador Bonilla: Salvador Bonilla, 1925 Brickell Avenue, the only thing we want to add is we have been waiting for this resolution for quite some time in order to proceed with some programs that you are already acquainted, including a*clinic, which is being held, its construction is being held because pending whether the street is going to be done or it is not going to be done. It is very important for the planning of the entire building. Mayor Ferre: Mr. Manager, can we have somebody respond to Dr. Bonilla for his question? 65 sl NOV 1 61963 11 I Mr. Gary: Well, we support it. What....? Is he supporting the legislation? Mr. Bonilla: Yes, I'm in favor of it, yes. Mr. Gary: We are too. That's why we are recommending it. Mayor Ferre: What's the problem, then? Mr. Bonilla: No problem, then. Mr. Gary: He just wanted to make the comment that he supports it. Mr. Bonilla: I thought I had to, that's all. Mayor Ferre: We now pull 87. Other than 87, is there any other speakers? Mr. Carollo: I move. Mayor Ferre: Carollo moves that the Consent Agenda.... Mr. Plummer: Why don't you let Miller ask his question. Maybe you could do the whole thing. Mayor Ferre: Oh, I'm sorry. I thought you just wanted it pulled. There is a question on 87, Commissioner Dawkins, Mr. Manager. Mr. Dawkins: Mr. Manager, this is a purchase of computer paper. I do know that we have four or five minority vendors here selling paper. I see where this is going to be put out on contract. As the Mayor said this morning, we want to find ways of giving business to local contractors so next time we can use a local.... Mr. Gary: Well, let me explain things. I can see we may be running into some difficulties in terms of whether we allow minorities to participate. We are buying this on a State of Florida contract. It is more advantageous for us to do that for the mere fact that the State of Florida contract allows all local municipalities all over the State to utilize those contracts. As a result of that, we get the lowest price. Mr. Dawkins: Fine, Mr. Gary, but the State of Florida does not pay taxes, nor does it buy an occupational license, nor.... Mr. Gary: But this saves taxes. Mr. Dawking: Wait! Hold it, sir! Nor does it put any local people to work. So, therefore, if you are going to spend 2r more a ream of paper by utilizing a local firm, I'm in favor of that, rather than saving 2C a ream of paper going to the State contract. Now, is that illegal? Mr. Gary: No. Mr. Dawkins: Thank you. Mr. Plummer: Not since we changed the wording, which says "lowest or most responsible," underline responsible. Mr. Dawkins: I'm ready to vote on this now. Mayor Ferre: We now have a motion on the Consent Agenda in its complete form. It has been seconded. Who seconded? Carollo moved, Dawkins seconded. Further discussion? Call the roll. 66 NOV 161983 sl U THEREUPON, the following resolutions were introduced by Carollo, seconded by Commissioner Dawkins and were adopted by vote: AYES: Commissioner Joe Carollo Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. Commissioner the following 53.1 DIRECTIVE TO PUBLISH A NOTICE OF PUBLIC HEARING FOR COMPLETION OF WORK BY RUSSELL, INC. OF MANOR HIGHWAY IMPROVEMENT -PHASE II H-4473. RESOLUTION 83-1045 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 RUSSELL, INC. OF MANOR HIGHWAY IMPROVEMENT - PHASE II (BID "A" - HIGHWAYS) IN MANOR HIGHWAY IMPROVEMENT DISTRICT H-4473. 53.2 COVENANT TO RUN WITH THE LAND RELATING TO INSTALLATION OF A COMPUTER DUCT BANK - N.W. 4 STREET. RESOLUTION 83-1046 A RESOLUTION ACCEPTING FROM WOMETCO ENTERPRISES, INC., A COVENANT TO RUN WITH THE LAND RELATING TO THE INSTALLATION OF A COMPUTER DUCT BANK WITHIN THE DEDICATED PUBLIC RIGHT-OF-WAY OF N.W. 4 STREET AND DIRECTING THE PROPER OFFICIALS TO RECORD SAID COVENANT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. --------------------------------------------------------------------- NOTE FOR THE RECORD: Number 83-1047 was voided and therefore is unasigned. --------------------------------------------------------------------- 53.3 LEASING OFFICE SPACE AT THE CULMER/OVERTOWN NEIGHBORHOOD SERVICE CENTER FOR USE BY THE DEPARTMENT OF COMMUNITY DEVELOPMENT, OVERTOWN JOBS PROGRAM. RESOLUTION 83-1048 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXERCISE THE RENEWAL LEASE AGREEMENT WITH METROPOLITAN DADE COUNTY FOR THE LEASE OF OFFICE SPACE AT THE CULMER/ OVERTOWN NEIGHBORHOOD SERVICE CENTER, LOCATED AT 1600 N.W. 3RD AVENUE, MIAMI FLORIDA, FOR USE BY THE DEPARTMENT OF COMMUNITY DEVELOPMENT, OVERTOWN JOBS PROGRAM; SAID RENEWAL BEING FOR A ONE YEAR PERIOD EXPIRING MAY 31, 1984, FOR AN ANNUAL COST OF $7,327.63; AND FURTHER PROVIDING FOR EXPENDITURE OF 9TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE ABOVE PURPOSE. 6'7 sl NOV 161983 53.4 TRANSFERRING PUBLIC RIGHT OF WAY TO STATE HIGHWAY SYSTEM. RESOLUTION 83-1049 A RESOLUTION TRANSFERRING THE DEDICATED PUBLIC RIGHT OF WAY OF SOUTHWEST - NORTHWEST 8TH AVENUE AND NORTH- WEST 7TH AVENUE BETWEEN SOUTHWEST 8TH STREET AND HORTHWEST 36TH STREET, LOCATED WITHIN THE CITY OF MIAMI, TO THE JURISDICTION OF THE STATE HIGHWAY SYSTEM IN CONFORMANCE WITH SECTION 337.29 OF THE FLORIDA STATUTES AND SHOWN ON THE RIGHT-OF-WAY PLAT TO BE RECORDED IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE THE PLAT. 53.5 COl0nJNITY OUTREACH CENTER BY THE OFFICE OF PROFESSIONAL COMPLIANCE. RESOLUTION 83-1050 A RESOLUTION APPROVING THE SELECTION AND USE OF A COMMUNITY OUTREACH CENTER BY THE DIRECTOR OF THE OFFICE OF PROFESSIONAL COMPLIANCE, AT NO COST TO THE CITY OF MIAMI, IN SUBSTANTIAL ACCORDANCE WITH THE TERMS AND PROVISIONS SET FORTH IN THE ATTACHED LETTER TO MIAMI- DADE COMMUNITY COLLEGE. 53.6 REPORT BY RUSSELL, MARTINEZ, AND HOLT, ARCHITECTS, INC. FOR MIAMI DESIGN PLAZA STRUCTURE. RESOLUTION 83-1051 A RESOLUTION APPROVING AND ACCEPTING THE FINAL REASIBILITY REPORT PREPARED BY RUSSELL, MARTINEZ, AND HOLT, ARCHITECTS, INC. DATED MAY, 1983 FOR THE PROPOSED MIAMI DESIGN PLAZA PARKING STRUCTURE. 53.7 SUPPORT OF GOLDEN YEARS, INC. TENTH ANNUAL HOLIDAY DINNER. RESOLUTION 83-1052 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $1,200 IN SUPPORT OF THE DECEMBER 8, 1983 GOLDEN YEARS, INC. TENTH ANNUAL HOLIDAY DINNER, FOR NEEDY SENIOR CITIZENS AT THE BAYFRONT PARK AUDITORIUM, SAID AMOUNT TO COVER THE RENTAL FEES OF SAID CITY FACILITY, WITH FUNDS THEREFORE ALLOCATED FROM BUDGET RESERVE, DEPARTMENT OF MANAGEMENT AND BUDGET. 53.8 FUNDS TO THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM FOR ARMANDO MACHADO. RESOLUTION 83-1053 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXPEND $24,778.94 FOR THE PURPOSE OF PROVIDING FUNDS TO THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM FOR THE PAYMENT OF BACK WAGES TO ARMANDO MACHADO IN COMPLIANCE WITH THE ORDER OF THE U.S. SECRETARY OF LABOR. 68 NOV 161983 sl sl 53.9 EXTENSION OF SOUTHEAST MIAMI AVENUE ROAD (BRICKELL PLAZA). RESOLUTION 83-1054 A RESOLUTION FINDING AND DETERMINING THE PUBLIC NEED AND NECESSITY FOR ACQUIRING THE FEE SIMPLE TITLE TO CERTAIN PROPERTY DESCRIBED HEREIN TO BE USED FOR THE RIGHT-OF- WAY FOR THE EXTENSION OF SOUTHEAST MIAMI AVENUE ROAD (BRICKELL PLAZA) FROM SOUTHEAST 8TH STREET TO SOUTHEAST 6TH STREET; AND DIRECTING THE CITY ATTORNEY'S OFFICE TO INSTITUTE AND PROSECUTE TO A CONCLUSION ALL OF THE NECESSARY LEGAL ACTIONS TO ACQUIRE THE FEE SIMPLE TITLE TO THIS PROPERTY AS SOON AS LEGALLY PERMISSIBLE, USING MONIES PROVIDED FOR THIS ACQUISITION FROM THE HIGHWAY GENERAL OBLIGATION BOND FUNDS. 53.10 WAIVING FEE TO AMERICAN CANCER SOCIETY GOLF CARD HOLDER FOR SUMMER AT MELREESE COURSE. RESOLUTION 83-1055 A RESOLUTION APPROVING AND AUTHORIZING THE CITY'S PARTICIPATION IN THE AMERICAN CANCER SOCIETY GOLF PRIVILEGES CARD PROGRAM BY WAIVING THE COST OF A SINGLE GREENS FEE FOR ONE ROUND OF GOLF TO EACH BEARER OF A 1984 AMERICAN CANCER SOCIETY GOLF PRIVILEGES CARD HOLDER, DURING THE SUMMER SEASON, AT THE MELREESE GOLF COURSE AND THE CITY OF MIAMI COUNTRY CLUB IN THE MIAMI SPRINGS, UNDER TERMS DESCRIBED HEREIN. 53.11 WAIVING FEE TO AMERICAN LUNG ASSOCIATION GOLF PRIVILEGES CARD HOLDER FOR SUMMER AT MELREESE COURSE. RESOLUTION 83-1056 A RESOLUTION APPROVING AND AUTHORIZING THE CITY'S PARTICIPATION IN THE AMERICAN LUNG ASSOCIATION GOLF PRIVILEGES CARD PROGRAM BY WAIVING THE COST OF A SINGLE GREENS FEE FOR ONE ROUND OF GOLF TO EACH BEARER OF A 1984 AMERICAN LUNG ASSOCIATION GOLF PRIVILEGES CARD HOLDER, DURING THE SUMMER SEASON, AT THE MELREESE GOLF COURSE AND THE CITY OF MIAMI COUNTRY CLUB IN MIAMI SPRINGS, UNDER TERMS DESCRIBED HEREIN. 53.12 COMPUTER STOCK PAPER FROM THE ARNOLD CORPORATION UNDER AN EXISTING CONTRACT WITH STATE OF FLORIDA. RESOLUTION 83-1057 A RESOLUTION AUTHORIZING THE PURCHASE OF COMPUTER STOCK PAPER ON AN AS NEEDED BASIS FROM THE ARNOLD CORPORATION UNDER AN EXISTING STATE OF FLORIDA CONTRACT FOR THE DEPARTMENT OF COMPUTERS AT A TOTAL PROPOSED COST OF $90,000; 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 THESE MATERIALS. ss NOV 16 1983 11 53.13 SUPPORT OF FIELD INTERNSHIP PROGRAM CONDUCTED BY THE NATIONAL URBAN FELLOWS, INC. RESOLUTION-83-1058 A RESOLUTION ALLOCATING $19,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, IN SUPPORT OF THE FIELD INTERNSHIP PROGRAM CONDUCTED BY THE NATIONAL URBAN FELLOWS, INC.; FURTHER AUTHORIZING THE CITY MANAGER'S EXECUTION OF THE NECESSARY DOCUMENTS TO IMPLEMENT SAID PROGRAM IN THE CITY OF MIAMI. 53.14 PURCHASE OF VEHICULAR PARTS AND SUPPLIES. RESOLUTION 83-1059 A RESOLUTION RATIFYING, CONFIRMING, AND APPROVING THE ACTIONS OF THE CITY MANAGER, BY A FOUR -FIFTHS VOTE OF THE CITY COMMISSION, IN AUTHORIZING THE EMERGENCY PURCHASE ON THE OPEN MARKET OF REQUIRED VEHICULAR PARTS AND SUPPLIES IN AN AMOUNT NOT TO EXCEED $50,000.00. 54. FORMALIZATION OF PRIOR MOTION - ALLOCATE $10,000 TO COVER COST OF ROUND TRIP PLANE TICKETS, MIAMI/SANTO DOMINGO FOR FIVE PLAYERS OF THE TONY TAYLOR BASEBALL ACADEMY. Mr. Carollo: Move 90. Mr. Dawkins: Second. Mayor Ferre: It's been moved by Carollo; second by Dawkins on item 90. Mr. Dawkins: Are you going along as a chaperone? Mr. Plummer: Not me. Mr. Gary: No, the trip has already taken place. Mayor Ferre: It's been moved and seconded. Further discussion -on 90? Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 83-1060 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $1,000 FROM BUDGET RESERVE, DEPARTMENT OF MANAGEMENT AND BUDGET, TO COVER THE COST OF ROUND TRIP AIRPLANE TICKETS TO SANTO DOMINGO FOR 5 PLAYERS OF THE TONY TAYLOR BASEBALL ACADEMY. (Here follows body of resolution, omitted herein and on file in the Office of the Clerk). 70 NOV 16 1983 sl I I Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. 55. FORMALIZING RESOLUTION OF PRIOR MOTION - ALLOCATE $3,164.38 TO COCONUT GROVE CARES FOR ONE MONTH'S OPERATION OF THE ELIZABETH VIRRICK BOXING PROGRAM. Mayor Ferre: Item 91, Plummer moves. Mr. Carollo: Second. Mr. Dawkins: Discussion. Mayor Ferre: Under discussion. Mr. Dawkins: Here we go again. Mr. Gary: No, this is not new money. This was what you did on the motion. This is ratifying it by resolution. Mr. Dawkins: O.K., it's all right. Mayor Ferre: Further discussion? Call the roll. Mr. Plummer: I wish you would quit picking on that little old lady. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 83-1061 A RESOLUTION ALLOCATING SUFFICIENT FUNDS FROM SPECIAL PROGRAMS AND ACCOUNTS, QUALITY OF LIFE PROGRAM, TO COVER THE OPERATING COSTS OF THE ELIZABETH VIRRICK BOXING GYM UNTIL THE NEXT MEETING IN NOVEMBER 1983 OF THE CITY COMMISSION, UNDER THE SAME TERMS AND CONDITIONS AS SET FORTH IN THE AGREEMENT DATED JULY 1, 1981 BETWEEN THE CITY AND COCONUT GROVE CARES, INC. (Here follows body of resolution, omitted herein and on file in the Office of the Clerk) . Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the.following vote: AYES: Commissioner Joe Carollo Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. 71 INOV 16 198 ABSENT: None. sl a 56. DISCUSSION AND DEFERRAL OF CONSIDERATION OF APPOINTMENT OF INDIVIDUAL TO THE DESIGN REVIEW COMMITTEE. Mayor Ferre: Take up 73. That's a resolution appointing individuals, Mr. Manager. Mr. Sergio Rodriguez: Yes, the name of the members omitted by the American Planning Association are Michael Maxwell, Albert Perez, Keith Swenson, and Christopher Macey. The names of the individuals by the American Institute of Architects are Raul Rodriguez, David Perez, and Jerome Filer. The names of the members by the American Society of Interior Designers include Peggy Gorson, Jeanne Booth, and Raymond Boorstein. Following your recommendation, we had these names submitted and you have to pick up one from each one of those groups. Mr. Dawkins: What were the first two? Mr. Rodriguez: The first group is the American Planning Association, and you have Michael Maxwell, Albert Perez.... Mr. Dawkins: What group did Mr. Ralph Johnson and someone else come up as the recommendation on? Mr. Rodriguez: I don't have those names. Mr. Gary: Can I recommend that we come back on this item. Mr. Plummer: So move to defer. Mr. Dawkins: Second. Mayor Ferre: Wait a moment. Mr. Plummer: The Manager recommends that it be deferred. Mr. Gary: Hey, Maurice. Mr. Dawkins: You have Ralph Johnson, I mean, I don't have my packet. I left it in the room, but Ralph Johnson and somebody else.... Mayor Ferre: I don't want to hold up this thing anymore, please. Mr. Dawkins: Well, I move Ralph Johnson as one of the members. Mayor Ferre: With the addition of Ralph Johnson, is that acceptable to you, Howard? Mr. Gary: That's fine. Mr. Plummer: You have to pick one from each group. Mr. Dawkins: I'm picking Ralph Johnson from whatever group I can put him in. Mr. Carollo: That's fine, I just think we should proceed with this. It's been held up too long already as it is. Mr. Gary: Well, let me check with the City Attorney for a second. Mr. Mayor, in consultation with the City Attorney, I think first of all you need to pass a motion that would modify your original resolution in terms of how you select people, because this states you would select from the list submitted by these organizations. Mayor Ferre: But the problem is that there are plenty of Latins and there are some women in here, but there are no Blacks. sl 72 Nov 161983 0 sl Mr. Gary: That's the reason I wanted to defer it. Mr. Plummer: That's why he wanted it deferred. Mr. Robert Clark: Our office would recommend deferral if you intend to change the resolution, which provided for this method of selection. He can go back and amend that, without too much trouble. Mayor Ferre: Mr. Cardenas, you represent one of the bidders here. Are the other bidders represented here? Frank, are you representing? Who? Mr. Cardenas, you heard the recommendation here. We don't have any Blacks that are being recommended and we need a balance. Do you have any recommendations as to how to proceed? The item is going to be deferred otherwise one more month. Speak, Mr. Cardenas. Mr. Al Cardenas: Yes, Mr. Mayor, I think at the very least, we could confirm four of the five names and on the remaining item, we could write to the particular individual requesting for a Black interior designer or architect, as you select. Mr. Dawkins: You know, Mr. Mayor, the only problem I have with this is they knew this before they came here. The come here unprepared and now they want me to jump. No, I move that it be deferred. If you guys don't come here with your act together, that's not my problem. Mr. Al Cardenas: I have nothing to do with it. Mayor Ferre: It's not his fault. He had nothing to do with it. Mr. Carollo: He had nothing to do with it. It's staff. Mr. Gary: No, no, no, it's not staff either. Mr. Carollo: You are right. It's not staff. It is the people who have made the recommendation. Mr. Gary: Yes, it was those organizations. Mayor Ferre: It's the A.I.A. and the American Institute.... Mr. Dawkins: I move that it be deferred. Mayor Ferre: There is a motion for deferral and a second. Would you send a telegram right now to them.... Mr. Gary: Can I suggest....? Mr. Plummer: Bring it up Friday. Mayor Ferre: Would you send a telegram right now to them? Mr. Gary: We're bringing it up Friday. Mr. Plummer: Bring it up Friday. Mr. Gary: Can we do this, Mr. Mayor? Defer it to Friday. Sergio will call those organizations and ask them to recommend a Black to participate. Mayor Ferre: And a woman. Mr. Gary: But you said we already had a woman in there. Mayor Ferre: I thought so too. Mr. Plummer: Yes, you do from Miami Beach. Mayor Ferre: Oh, yes, Mrs. Peggy Gorson, Jeanne Booth. 73 NOV 16 1983 Mr. Plummer: My needs are different. Mayor Ferre: What we need is we don't have any Blacks in here. We have several Latins, and several.... Mr. Cardenas: Thank you, we will come back on Friday. Mayor Ferre: That is correct. This item is deferred until Friday. Moved by Carollo, seconded by Dawkins. Further discussion? Call the roll. THEREUPON, THE CITY COA'MISSION, ON MOTION DULY MADE BY COMMISSIONER Carollo AND SECONDED BY COMMISSIONER Dawkins, AGREED TO DEFER THE HEREINABOVE ISSUE OF APPOINTING INDIVIDUALS TO THE DESIGN REVIEW COMMITTEE BY THE FOLLOWING VOTE: AYES: Commissioner Joe Carollo Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. 57. CLAIM SETTLEMENT: GHISLAINE BIEN-AIME REPRESENTATIVE OF THE ESTATE OF LaFONTANT BIEN-AIME, DECEASED. Mayor Ferre: We have a settlement here on the very important case of the Ghislaine Bien-Aime vs. LaFontant Bien-Aime vs. City of Miami, Karl Robins, Kenneth Harms, and Maurice Ferre, recommended by the City Attorney, Mr. City Attorney. Mr. Clark: Yes, sir, we recommend it. Mr. Carollo: So move, Mr. Mayor. Mayor Ferre: There is a motion by Commissioner Carollo. Is there a second? Mr. Perez: Second. Mayor Ferre: Seconded by Commissioner Perez. Is there further discussion? Call the roll. sl 7 • NOV 161983 The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 83-1062 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO GHISLAINE BIEN-AIME, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF LaFONTANT BIEN-AIME, DECEASED, THE SUM OF $391,000.00, WITHOUT THE ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, KARL ROBBINS, KENNETH HARMS AND MAURICE FERRE UPON EXECUTION OF A RELEASE RELEASING THE CITY, KARL ROBINS, KENNETH HARMS AND MAURICE FERRE 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 Joe Carollo Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. 58. ACCEPT BID: EXPANSION OF FIRE ALARM OFFICE. Mayor Ferre: Mr. Manager, what else before we get to 92? Mr. Gary: The next item is the expansion of the Fire Alarm Office, Mr. Mayor. We have a bid that was received. The lowest bid was $248,800; we'd like to approve it on that. Mayor Ferre: Does that come from the bond issue? Mr. Gary: Yes, sir. Mr. Carollo: That's the lowest bid received? Mr. Gary: Yes, sir. Mr. Carollo: So move. Mayor Ferre: Is there a second? Mr. Plummer: What was that on? Mr. Gary: Expansion of the Fire Alarm Office. Mr. Plummer: O.K. Mayor Ferre: Plummer seconds; further discussion? Call the roll. sl 75 NOV 161983 6 a The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 83-1063 A RESOLUTION ACCEPTING THE BID OF TARGET CONSTRUCTION COMPANY IN THE PROPOSED AMOUNT OF $2489800, BASE BID PLUS ADDITIVE ITEM A OF THE PROPOSAL; WITH MONIES THEREFOR ALLOCATED FROM THE "EXPANSION OF FIRE ALARM OFFICE" ACCOUNT IN THE AMOUNT OF $248,800 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $29,856 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $2,488 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING TESTING LABORATORIES, AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted 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 Joe Carollo Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. 59. BRIEF DISCUSSION ITEM CONCERNING DURATION OF PERSONS SERVING ON BOARDS AND COMMITTEES; REQUEST FOR THIS ITEM TO BE PUT ON A FUTURE AGENDA. Mr. Plummer: Mr. Mayor, I would like to ask the City Attorney to prepare for the next agenda that item about possibly it is my item, in reference to changing the Code about the term of appointees to boards. I'd like it on the agenda for possible consideration. Mr. Carollo: About what, J.L.? Mr. Plummer: Just to put it on the agenda for the next meeting, the possible discussion of people serving on boards and the duration. Mayor Ferre: And the question of serving beyond, what was it? Eight years or ten years? Mr. Plummer: Nine. Mr. Carollo: I forgot what we.... Mayor Ferre: There is a motion by Plummer. Second by Dawkins. Mr. Plummer: Mr. Mayor, that's not a resolution. It's just a request to put it on the agenda. Mayor Ferre: Request to put on the agenda at the next meeting. Mr. Carollo: At least 13, right?76 sl NOV 161983 Mr. Plummer: Yes. Mayor Ferre: At least 13 years. 60. DIRECT CITY MANAGER TO ALLOCATE AN ADDITIONAL 1/12TH FUNDING FOR EXISTING SOCIAL SERVICE PROGRAMS. Mayor Ferre: We are on item number 92. Is that right, Mr. Manager? Mr. Gary: Yes, sir. Mr. Plummer: It's the only thing left, right? Mayor Ferre: We are now on 92. All right, Mr. Manager, O.K., let's go this is what we've all waited for anxiously. Ms. Dena Spillman: We are here to discuss the allocation of Federal Revenue Sharing funds for the fiscal year '83-'84. You have already passed two resolutions, which have extended the existing programs through the months of October and November. To be very brief in the discussion, last year we allocated $992,086 of F.R.S. monies for provision of social services. This year we are recommending a bit more. There are two major programs that we are recommending not be funded again. One of those is the ASPIRA program in Wynwood for a total cost of $74,594. Mayor Ferre: Wait a minute. You are recommending that ASPIRA not be funded? Ms. Spillman: At all. Mayor Ferre: I see. Ms. Spillman: The basis of that recommendation is we feel the program has not met its contractual obligations. I can go into more detail if you would like me to. Mayor Ferre: Well, would you turn around and look at who you see in the audience? Do you think we're going to have to talk about this, or not? Ms. Spillman: Obviously. Mayor Ferre: Who is the Chairperson of ASPIRA? Dr. Martinez, F.I.U., at the proper time I will recognize you to defend the program. Go ahead. Ms. Spillman: The second program that we are recommending that the funding be discontinued is the Centro Caribeno. If you will recall, this program was funded at a very low level. It has never really become operational. In fact, the agency has not accepted our advances for this year, because they cannot operate on the funding. Mayor Ferre: Is there somebody here representing that group? Do you represent the group? Give me your name. Ramos. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Ferre: Anything else, Dena? Anything else that you are recommending for non -funding? 77 NOV 161983 sl Ms. Spillman: No, those are the only two. We are recommending two new projects that have not been previously funded by the Federal Revenue Sharing. Mayor Ferre: What are they? Ms. Spillman: United Family and Children Services for a total of $22,820. This organization works mainly in the downtown area. Mayor Ferre: The United Family and Children.... Ms. Spillman: Services, it's really a misnomer. The project deals basically with the elderly, a lot of whom have been displaced and are going through.... Mayor Ferre: Now, wait, Children Services deals with the elderly? Ms. Spillman: The agency's name is a misnomer. They deal mostly with the elderly and with people that are being dislocated because of all of the activity which is going on downtown. It's a very good agency. We are also recommending that the Martin Technical College.... Mayor Ferre: This is $22,000 for United Family and Children Services, $22,000? Ms. Spillman: $22,820. Mr. Dawkins: What number is that under the new project? Ms. Spillman: That is listed on page number 69. Mayor Ferre: Down at the bottom, next to the last. Mr. Dawkins: Operation mainstream? Ms. Spillman: Yes. Mr. Dawkins: O.K., go right ahead. Ms. Spillman: And the second program that we are recommending is the Martin Technical College Computer Training Program. This is a new program. It would offer training in computer repair. It is located in the Model Cities area. We feel it is a unique opportunity for the City to get into a job training program that will offer opportunities for people when they are done with it. Mayor Ferre: What is the total on that? Ms. Spillman: $175,000. Mayor Ferre: Actually $335,921. Mr. Dawkins: But over on the page where they have the back-up.... Ms. Spillman: That's what was requested. I am reading from the second page of the memorandum, Commissioner. Mayor Ferre: Tell me what page the actual Martin College application request is. Ms. Spillman: 67. Mayor Ferre: Tell me where United Family Children Services is. Ms. Spillman: 69. Mayor Ferre: Got you. Ms. Spillman: That is basically the bottom line on our recommendations. sl 78 NOV 16 1983 Mayor Ferre: All right, now let's see who the speakers are who wish to address this issue. Ms. Spillman: Oh, I want to add one other thing. We are recommending that each existing agency receive an increase in funding of 8% for cost of living. These agencies received nothing over the past three years and it is very difficult for them to operate with the.... Mayor Ferre: 8%. Mr. Dawkins: What are the total dollars that we do have? Mayor Ferre: $1,000,000. Mr. Plummer: No, you are talking about $1,700,000. Mayor Ferre: No, no, we don't have $1,700,000. How much is it? Ms. Spillman: What we are requesting this year is $1,237,895. Mr. Plummer: Now what page are you reading from? Ms. Spillman: Commissioner, I apologize for the way this is organized. Look on page 81. I believe that 81 gives you the best summary. Mayor Ferre: Ladies and gentlemen: Those of you that wish to speak and address the Commission, please come up to the Clerk and give your name. These are the people that I have: Reverend Thomas Wenski.... Mr. Dawkins: $1,237,895.00 in Revenue Sharing. Ms. Spillman: That is what is recommended. Mayor Ferre: Elaine Selin and Marsha Sipen. I have three speakers. I have more than three speakers. Dena, sit down. I hate to do this to all of you, but it looks like we are going to have eleven speakers. If we give you each three minutes and there will be slipage, so it will be like 45 minutes. Does anybody need more than three minutes? All right, then you each have three minutes. We'll start right away while they are signing up, allocation of Federal Revenue Sharing Funds for Social Service Programs, Reverend Thomas Wenski. Right over here, Reverend. Reverend Thomas Wenski: The Pierre Toussant Haitian Catholic Center submitted three proposals for funding that are related. One is the area of vocational training. The other is for after school child care. and another one for English classes. The Little Haiti area is an area that has grown tremendously in the past five years. It has grown after many of the priorities were set for these fundings, as you notice, there are only two projects funded. I think that the proposals that we submitted have merit and they should be reconsidered for funding because present programs are indeed inadequate to.... Mayor Ferre: Father, how much are you asking for? Reverend Wenski: I am asking for a total of... in one program...$29,000, in another program $59,000 and $54,000 in a third program. Mayor Ferre: I see, $29,000, $59,000 and $54,000. All right, Dena Spillman, do you wish to address the issue? Ms. Spillman: Yes, sir, we reviewed the proposals. We feel that we already fund H.A.C.A.D., the Overtown Daycare Program, and two City daycare programs in that area. The City is funding the Entrant Assistance Program. We feel these programs are a duplication of existing efforts by the City. Mayor Ferre: Father, you heard the professional staff recommendation. Rev. Wenski: The fact that some work is being done in the area does not mean that the present work is adequate to the needs. The area is sl �� .NOV 16 16983 0 a sl Rev. Wenski (Con't): a big area. Overtown Daycare Center, for example, though it serves a majority of Haitian Children, is located precisely in Overtown. These proposals are centered in Edison Little River area, the Little Haiti area. It is a facility that is an ideal facility, the former Notre Dame High School. The facility is there waiting to be used and can be used very effectively. It's what the Herald called in the "Tropic" article of July, the Heart of Little Haiti. I think the City of Miami would be hard pressed to find other facilities to provide these services. Mayor Ferre: I think that makes sense Let me ask you this question. Of these three programs, which is the most important? Rev. Wenski: They are all important. Mayor Ferre: Of course they are. I realize that. But you know, right now you have zip. Rev. Wenski: That's right. Mayor Ferre: And you are probably going to get that, so, if there is a question of getting some kind of funding, which of the three is the most important? Rev. Wenski: The after school program, because once we adequately have a place for supervision of the children, that allows people to seek employment, etc. Mayor Ferre: Anything else, Father? Rev. Wenski: In next importance would be our English school program. Mayor Ferre: Any questions of the Father? All right, thank you, Father Wenski. The next speaker is Elaine Silvain. Ms. Elaine Silvain: Elaine Silvain, Haitian Refugee Center, Inc., 32 N.E. 54 Street. I am here to talk about our daycare center. I heard Ms. Spillman say that the program will be duplicating. I really don't think so. Mayor Ferre: I'm sorry, I need to know which program she is talking about. Ms. Silvain: Daycare Center, Haitian Refugee Center. Mayor Ferre: Which one is this? Are you talking about H.A.C.A.D.? Ms. Silvain: Not H.A.C.A.D. No, it is not the same one. He's talking about the Catholic Center. I'm talking about the Haitian DayCare Center. Mayor Ferre: You are talking about the Haitian Refugee Center, $168,000? Ms. Silvain: O.K., page 84. Mayor Ferre: Go ahead. Ms. Silvain: I really don't think, like Ms. Spillman said, you will be duplicating in the community to have another day care center. You presently have two daycare center the community, Lemon City and Eton. Both of them are Spanish speaking. Only one, Eton, has one Haitian lady, who works five hours. Also in the community, you have only 8% of the total children in the community who are supervised. All the other children are staying home doing nothing with the parents. By staying home, we are risking child abuse and neglect in the community. These children are American children born by Haitian parents, but they are American. I feel these children have the right to have proper supervision and also more daycare in the community for them. You mentioned Overtown Daycare. Even the children who are from the Little Haiti area, the parents have to pay transportation for them to go to Overtown. 84 NOV 161983 0 4 Ms. Spillman: I am going to have to differ with my friend here on these two. There are two daycare centers in the neighborhood. They are not full. I know that Carl Kern is already offered to work with the community and get Creole speaking staff at those daycare centers. In addition, we do have the Overtown Daycare Center. It is not located in Overtown. It is turned into a Haitian Daycare Center. I know it is difficult for mothers to get their children there, but we are offering the service. Finally, I would like to say that a lot of people need day care in this community. We can't give it to everybody. In previous years, you have instructed us on several occasions to figure out how to get out of daycare. It would seem to me against our policy to fund additional daycare programs at this time. Mr. Gary: Mr. Mayor, also more importantly, Lemon City and Eton is a heavy population of Haitian attending those daycare centers. Ms. Silvain: Eton has the capacity of 45 children, 18 of them are Haitian. Lemon City has a capacity of 35-40 children, 18 of them are Haitian. I would like to ask Ms. Spillman, are they going to have more staff? Are they going to have more funds to hire more Haitian staff? Are they going to fire the staff that they have now to hire Creole speaking staff for the parents and for the children? Mr. Gary: Mr. Mayor, it is our intention, because of the uniqueness of requiring Creole speaking teachers, it is our intention to add additional staff, even though there may be 18 we have under enrollment at those two facilities. Mayor Ferre: All right, sir, thank you very much. Marsha Sipen, James Head, Legal Services. Mr. James Head: Mr. Mayor and City Council, I'm James Head. I'm Deputy Director of Legal Services of Greater Miami. We submitted a proposal to the council for funding in the amount of approximately $100,000 to provide legal services in the Wynwood/Overtown area. We think it is crucially important that all of the residents of Dade County, specially the City of Miami, have the opportunity for legal services. The basis of our proposal was to service poor people in those areas in the areas of housing, evictions, of social security matters, of consumer matters, of the types of problems that are experienced by poor persons throughout Dade County. We feel that it is crucially important that we be able to house the people in that area, so they are accessible to the residents of the area and so we can provide for them what we feel are central services that they need, which we feel are as important as decent housing, as decent food. We would like to have the council reconsider our proposal and include it in this year's funding. Mr. Plummer: You are presently getting $1,700,000? Mr. Head: We presently get approximately $1,700,000. That is correct. Mr. Plummer: Where do you get most of your other funding from? Mr. Head: Most of our other funding has traditionally come from the Legal Services Corporation through Congress. We experienced over the past two years approximately 35% to 40% cut back in funding. So, our funding has been cut back drastically. Mayor Ferre: Mr. Head, let me ask you this and then I would like to get Dena's response. You can stop the time while we are asking. Did you go into these communities and actually talk to the people there. For example, in Wynwood, have you gone into Wynwood to see if there is a need that they have requested? We have community organizations that are based in Wynwood. Mr. Head: Yes, what we have done is as part of our priority settings, we are required to spend time in the neighborhoods to assess the needs. What we have had to do up to now is try to service those areas from our downtown office, which is located at 1393 S.W. 1 Street, but we found that the residents there have found that has not been sufficient. sl Sl NOV 161983 sl 0 a Mayor Ferre: Thank you. Dena, response. Ms. Spillman: This one is almost an expansion of the agency's existing responsibilities. They have a pilot project in Overtown already. I don't understand why they can't continue that without our assistance. They are talking about working with the county C.A.A. throughout their program, yet they have shown no indication that they have gone to the County to receive funding for these programs. This is a project that has traditionally been a Federal responsibility. Mayor Ferre: Mr. Head, is there anything else that you want to add? Mr. Manager? Mr. Head: Yes, Ms. Spillman is in error in terms of what we have done with the County. We did go to the County this year and did receive $75,000 in funding from the County for Liberty City and Overtown. That has allowed us to open up a partial office in Overtown, which is not fully staffed. In that office we have part-time people who are able to come in at this point. We feel that does not meet the need due to the fact that we feel that a full staff is needed in that office. Right now the office is operating on a partial basis. In reference to the second point, it matters less to me whose responsibility it is as it does whether the services are needed and whether they are being provided. We submit that they are needed and they are not being provided in that area; and if it means that this council needs to consider taking money to give those services, we feel that should be done. Mayor Ferre: Thank you, sir. The next speaker is Ermina Pastor. The next speaker, she was standing in the other microphone, is Francisca Alrich. All right, Ms. Pastor. Lower the microphone, please. Ms. Ermina Pastor: Mayor Ferre, Commissioners, my name is Ermina Pastor. I live at 1414 S.W. 19 Terrace. As a working mother, I am in a great need of daycare services. I'm supporting Centro Mater's request of $20,000. This will help to keep the program opened from May to September. We are a family of four: my husband and two children. We can work because of the support, because we know that Centro Mater is taking care of our children. If the City of Miami does not help us, we cannot afford to pay for these services. Thank you very much. Mayor Ferre: Thank you very much. Ms. Alrich. Ms. Francisca Alrich: Mayor, Commissioners, my name is Francisca Alrich. I am the President of the Auxiliary Board of Centro Mater, located at 418 S.W. 4 Avenue. Centro Mater is located in the East of Little Havana providing child care and social supported services to 60 preschool children from low income families. We have requested assistance in obtaining $20,000 from Federal Revenue Sharing Funds to help support this program. The program's main source of funding is Head Start, which, as you know, has been severely cut for the next fiscal year. We are faced with the possibility of closing the center for part of the year. The Federal Revenue Sharing Funds together with the Archdiocese of Miami's subsidy and child care food program would make it possible to continue.this desperately needed day care services to the community. If nutrition and employment is a City priority, please help us. Thank you. Mayor Ferre: The next speaker is a Shakespeare Festival Educational, Gail Smith. The next speaker after that will be Cristina Penedo. Centro Mater's request is $20,000. No? Is that right? Ms. Gail Smith: Mr. Mayor, City Commissioners, my name is Gail Smith. I'm President of the South Florida Theater Company. We, for the past five years, have been doing educational programs in the City of Miami schools. Along with our programs we have basic English skills activity packets. Our programs are unique in that the program itself serves as a teaching tool to reinforce basic English skills in the schools. We also produce the Shakespeare Festival in Viscaya and on Tuesday morning those performances are given for school students. The application before you would enable 7,000 City of Miami students to come to the Shakespeare Festival performances, receive an English skills study guide, 84 NOV 161983 i Ms. Smith (Con't): for those plays based on the vocabulary in those plays, and also participate in a tour of the Shakespeare performances in the schools after the festival closes. All of you, I am sure, are aware that there are many City of Miami students who cannot afford a $3 ticket in order to attend any of these performances. There are many schools also that do not have the funding. They don't have strong P.T.A.'s _ They are not able to use Chapter 1 funding for this sort of thing because there are other priorities. They don't have school funds. Those schools we have actively campaigned for in the community from corporations, indivi- duals and groups to raise money in order for us to be able to do these performances. However, in order to reach the amount of students we would want to reach, we are appealing to the City of Miami to support us to enable to bring this to the students of the City of Miami, who are economically disadvantaged. Thank you very much. Mayor Ferre: Thank you, Ms. Smith. Now we have Cristina Penedo. Ms. Cristina Penedo: My name is Cristina Penedo. I represent S.W. Social Services. We operate a congregate meal site at 7329 S. Flagler Street. At present our funding has come from the United Way area agency on aging, but due to the great need in the Flagami area our waiting list is very long and the money is not enough to continue supporting this program. Over the past four years we have provided services to over 400 people in the City of Miami. These monies have come from H.R.S. and the South Florida Employment and Training Consortium. One of the main reasons why I think our program has not been given the funding is because there is some doubt as to where we are located. Mayor Ferre: As to location. Ms. Penedo: As to location; when we presented a proposal for impact aid money, I called the Elections Department and I was informed by the Elections Department that we were within the City limits of Miami. Mayor Ferre: Well, that's very simple. Are they, yes or no, in the City limits, Ms. Spillman? Ms. Spillman: They are located in the City limits; they don't serve a lot of City residents. Mayor Ferre: O.K. Ms. Penedo: Right now we are serving about 80% City of Miami residents. Mayor Ferre: You told me 400 of the 1,200 people. Ms. Penedo: 400 of the 1,200 people in the past year, but at present our services are about 80% to City of Miami residents. Ms. Spillman: Mayor, I was wrong. They are outside the City limits. They are not located within the City of Miami. Ms. Penedo: Not according to the Elections Department. Mayor Ferre: We need a verification of this by the time we come around to vote, because obviously, if you are outside the City of Miami, there is nothing we can do about that. Ms. Penedo: Our corporate offices are located in the City of Miami. They are at 5529 S.W. 8 Street. If you can see on item 2 of your budget analysis, there is some money being asked for some additional space, and the reason is that we are trying to find a bigger space because of the necessity in the area. The only other place that provides hot lunches in that area is the St. Dominic's Gardens. That is a residential facility. The people that come to our program are in more distress financially because they do not have public housing. Mayor Ferre: Dena, response. 83 NOV 161990 sl 4 9 Ms. Spillman: We don't normally fund agencies where the program itself is not located within the City of Miami. Ms. Penedo: As you can see from item number 2 of the budget analysis on page 80, I think, we're asking for additional rental space, where it says.... Ms. Spillman: Yes. Ms. Penedo: So, in other words, the program would be inside the City limits. Ms. Spillman: The point is that we don't have unlimitted funds. This is a new project. There are 25 other new projects. We have the St. Dominic's program located in the same neighborhood, which is serving the same need and it is run by the Little Havana Activity Center. I can't tell you there's anything severely wrong with this, except that we don't have the funds and it is a duplication. Mayor Ferre: Are there any questions at this time? Thank you very much. A.S.P.I.R.A., Luis Martinez. Mr. Luis Martinez: Luis Martinez, Chairman of the Board of A.S.P.I.R.A. of Florida, which is located at 2902 N.W. 2 Avenue in the Wynwood area of Miami. I apologize for my laryngitis, but I'll try to be clear. A.S.P.I.R.A. of Florida, Inc. has been existing for two and a half years in Miami. It's a member of the larger A.S.P.I.R.A. family, which is about 20 years old, stemming from New York and other areas. We try to be responsible to the needs of our community in the area of crime prevention Specifically, the program would provide a number of cultural, social, and educational activities that will give the members a wide variety of opportunities and prepare them to assume responsibilities in the community in the near future. In the past two and a half years of our existence, we have been able to place a number of our participants in various educational institutions and these range from several of Miami Dade Community College to one student in Harvard University. Our goals for next year are geared to strengthen the existing crime prevention strategies, increase community participation and awareness, increase our membership, and further improve the relationship between the total law enforcement and judicial system in the community we serve. Many of the functions we have occur in the schools where we have the A.S.P.I.R.A. clubs. Counselling at these schools is indeed carried out by school personnel on a case load of about 400 to 500 students per semester per counselor. These activities are mainly rescheduling dicipline lunches, etc. but do not fill the whole gamut of needs for these students. So, therefore, these are a different set of functions that would compare with the activities that we indeed do at A.S.P.I.R.A. We, therefore, ask you that this program be refunded and that we be afforded the opportunity to continue the efforts of the past two and a half years. In these times of decreased funding we are still trying very hard to secure additional funding. Your help is needed to allow us to continue for this short period of time. We do not want the program to die in Florida. Thank you. Mayor Ferre: Dr. Martinez, are there any other A.S.P.I.R.A. members that are signed up to speak other than yourself? Who? You might as well hear them all together. Is Jose Mendez? Mr. Martinez: Jose Mendez is here. Mayor Ferre: Who else? Let's hear all the A.S.P.I.R.A. people together so that we don't have to.... Mr. Martinez: Maricela Latimer, who is our Executive Director. Mayor Ferre: Mrs. Latimer. Mr. Martinez: Ivette Morgan, who is also a member of the board. Mayor Ferre: Let's go, three minutes each, quickly. Perhaps you might want to wait for Dena Spillman's response. She's the Director, so she has to answer Dena's accusations which are Roine to Fav why the nrnorpm shouldn't be funded. Dena tell us in the record why the program should not be funded. 84 NOV 1983 sl 4 t Ms. Spillman: Basically every year, as you know, we write a contract with all our social service agencies with basic items which must be completed in order for them to meet our contractual requirements. This organization has not met its contractual requirements, has not even come close to meeting them. We feel that the services provided by the agency have been minimal. As an example, in their first year of operation, they only served 62% of the clients they were supposed to serve. This year they are down to 36'/< of the clients that they were supposed to serve. We have provided technical assistance to the organizations. Staff has been out there on a regular basis in attempt to revise the work programs so that the organization can meet it. The group has always had problems serving only City of Miami residents. In other words, they are serving people from outside the City of Miami, which we really aren't pleased with. Finally, and this was already spoken to, we feel that the clubs, or A.S.P.I.R.A. is duplicating services provided by the Dade County public schools, or which should be provided and which is counseling. It is a basic thing which should be provided in the school system and we shouldn't be funding an agency to do basic counseling to children on whether they ought to go to college or what vocational training they ought to accept. We do not feel that the participants are actively participating in the clubs which are organized, for once they are organized, nothing is happening. That's all I have to say. Mayor Ferre: Ms. Latimer, you have three minutes. Ms. Maricela Latimer: You have in your hands newest statistic that we have developed through this date. They show a total of 568 cases, I mean clients that we have served through the year. In relation to the duplication of the services, I don't think we are duplicating the services. According to what Dr. Martinez said and according to the statistical data that the Department of Education has, there is a total of at least 300 students to see one counselor in each school. I think that we are the only direct contact to them in order to avoid them to drop out from school, in order to get them out of crime. Our services are needed because as I said before, we are the only identification services. They believe in A.S.P.I.R.A. They always participate in the programs, all activities that we always create. As you can see here, through the year, we developed leadership activities, crime prevention activities, educational activities, social activities to integrate the minority people through that area. Mayor Ferre: All right, Dr. Morgan. Dr. Ivette Morgan: I would like to address this about counseling in the schools. This is my field. I'm an Assistant Principal at Citrus Grove Jr. High. Our counselors as well as the other counselors in the schools do deal directly with scheduling. We do have a problem of having between 400 to 500 students per counselor. It is impossible for the counselor to deal with the students themselves. We have all kinds of different in the new agenda you will see the kinds of activities. I don't understand where it was preferred that we don't participate and the activities are not on -going because not only on the fourth page we have conferences at Barry College, career conferences at F.I.U., trips to Seaquarium, award nights, alcoholism and drug abuse conferences. We have field trips; the Police Department have helped us. We have nutritional educational conferences that have lasted for days. We have fund raising that the students themselves for their own activity; we have family and youth department visits; we have... it goes on and on, as you can see in the agenda. I just don't understand where the inability of getting our groups going came from. Mayor Ferre: Are there any other speakers? Ms. Arlene Taurus: My name is Arlene Taurus. I live at 12825 E. Park Drive in Miami. I am former student of Miami Central Senior High. I've been an Aspirantee for two and a half years. During my time in A.S.P.I.R.A., they have helped me create new abilities that I didn't even know I had. I was former president of the S.C.F. and former president of my school club. I believe that A.S.P.I.R.A. has helped me, guided me through the school. Right now I am attending Florida sl 85 Nov 1 s iss0 0 0 Ms. Taurus (Con't): International University and without their help filling out my applications for financial aid and my application for the school, I wouldn't have been able to get that help from my counselor because of the fact that there were so many other kids that needed the same help I did. Mayor Ferre: Any other speakers for A.S.P.I.R.A.? Unidentified Speaker: Can I just say that because there seems to be differences in the audit report in our agenda, I would like to invite the Commissioners, I would like to invite the department to come to the A.S.P.I.R.A. office and see where we are coming from. Mayor Ferre: Thank you very much. Are there questions from the members of the Commission on A.S.P.I.R.A.? Mr. Carollo: Maurice, I have a lot of questions and a lot of the programs that are here tonight, like I think we all do. What I think we all really need to do is to be as fair as we can to all the organizations that are here today. I think if we are all going to be frank about it, in the last few months we've been so busy, we really haven't had the chance to sit down with the people that have been calling all of our offices to really go thouroughly with a lot of the proposals that we are getting real brief here today. What I would like to sugges, if I may, is that we consider extending the funding for one additional month to give us the time to sit down individually with all the different organizations that are here and then come back with all the facts and make our decision. Mayor Ferre: That's fine except for the two new programs. If we are willing to do the funding.... Mr. Carollo: Well, I'm including those two new programs. Mayor Ferre: If you would make that motion to also include the recom- mended programs, which are United Family Children Services and the Martin Technical College, then what you are in effect doing is, you are continuing to fund the two programs at the rate ... A.S.P.I.R.A. would be at the rate of about $5,000 a month. That's what they get. Centro Caribeno.... Ms. Spillman: Centro Caribeno has not accepted our funds. Mayor Ferre: O.K., so there's no problem. Mr. Carollo: Centro Mater also. Ms. Spillman: No, Centro Mater is new. Mayor Ferre: Centro Mater is new. Are you including that? Mr. Carollo: Yes, I certainly am. That is one that I visited personally. They have a heck of a program. Mayor Ferre: Now, let me get this straight. Your motion is that those existing programs, except Centro Caribeno de Estudios Post-Graduados continue to receive the same amount for another month, which is 1/12th. Mr. Carollo: That is correct. Mayor Ferre: With the exception of that there shall be added the United Family Children Services at the rate of $22,820 and the Martin Technical College at the rate of $175,000 and Centro Mater at the rate of $20,000. Is that the sense of your motion? Mr. Carollo: That is the consensus of my motion. Mr. Plummer: 1/12th of that. Mayor Ferre: Is there a second to that motion? sl NOV 161983 i 0 Mr. Dawkins: Second for discussion. Mayor Ferre: Under discussion, Commissioner. Mr. Dawkins: Will the Miami Technical Institute come to the mike. Not Martin, no, no, Miami Technical, Mr. Frank Cobo: Mr. Mayor, Commissioners, on the budget you denied the requested funds of $240,000. We'd appreciate it if you would reconsider it. Mr. Dawkins: Why did we turn that down? Ms. Spillman: This is on page 53. This is a sort of thing that we never funded before. The funding requested was to provide scholarships for people to go to a technical college. We thought that it would be very difficult to evaluate and to determine who would get these scholarships in terms of them being low income people and City of Miami residents. because we are concerned that people who need these scholarships would get them. We don't see the training as being unique in the least. This sort of training is offered by institutes all over the City. We could give scholarships to people and allow them to go to ten different institutes to get the same kind of training. It's just not at all unique; not that it is not needed. Everything is needed. Mr. Cobo: This is, as you know, an educational training placement for E.C.O.L. (English as a second language). It is unique as far as we are concerned. It is not in competition with those that you have already funded, or that you are planning on funding. Mr. Dawkins: Can we include this in the discussion.... Mr. Carollo: Miller, yes, we could do it. What I recommend, though, Miller, is instead of approving it on the 1/12th.... Mr. Dawkins: No, I don't want to approve this one. I just want to discuss it. Mr. Carollo: Oh, certainly. Mayor Ferre: I think we have the following situation. It is now 20 minutes to 7. We have the following people that want to speak: Brenda Brown, Mary Hill, Francisco Sitges for Youth Co-op, Will Baskins, Dr. Tom Ferguson, Puerto Rican Charities of Manuel Torres, and Roxanne Rexach, and Claude Pepper Shelter by Reverend Stan Mathews. The problem is that three of us have bad colds. We said we would break up at 6:00. I know you have been waiting patiently. We have 11 speakers. The more we speak, the more people want to speak. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Ferre: What? You already gotten A.S.P.I.R.A., so what is it you want to talk about? Unidentified Speaker: My name was submitted here. Mayor Ferre: You already got what you wanted. Do you still want to talk? You are being funded for A.S.P.I.R.A. Unidentified Speaker: Fine, if you say I got what I wanted, fine. Mayor Ferre: For one more month. Then you come back and fight next month. Unidentified Speaker: Fine, I didn't hear that. Mayor Ferre: These people that are about 11 or 12 speakers, do any of you have to speak tonight, or -can you wait until the next meeting? Unidentified Speaker: I would like to speak tonight. While it's hot, let's get it straightened out. 87 NOV 161983 sl 0 4 Mayor Ferre: I wish you would have a little mercy on us that have been going through a rather difficult procedure and don't feel too well. Ms. Mary Hill: I'll be through after this time, but this is very important to address this issue at this time. Mayor Ferre: Your name? Ms. Hill: My name is Mary Hill. I am the founder of the Economic Opportunity Act of '73 in the White House. Mayor Ferre: All right, Ms. Hill. Ms. Hill: It is constituted, signed into law. I heard some complaints about Revenue Sharing that they are not getting from these programs. The programs are being run from under the umbrella of E.O.A., Daycare Services. Let's get this straightened out right now. Daycare is new, what makes the difference. We cover elderlies and all poor regardless of race, creed, or color. The next thing it does not come under social services; that's a change, Affirmative Action. It comes under New Daycare Human Services. This is where this money is supposed to be funneled to. As long as these programs aren't straightened up right, implemented right, and this will cover daycare for all people. Those funds are frozen because they are going from under the umbrella of E.O.A. Mayor Ferre: Thank you. Ms. Hill: I'm asking tonight for one thing, the complete implementation of the private sector, me, the private sector, are letting you all know the specifics, how to deal with these, so these funds can come back through here because they are frozen. Ms. Hill: Thank you, Ms. Hill. Does anybody need to speak tonight? We're continuing this meeting. Dr. Ferguson. Dr. Ferguson: I'd just like to say to the Mayor and Commissioners that the Sports Development Program that has been geared ever since the 1971 riot that was serving Hispanics, Blacks, and Anglos simultaneously, you, Commissioner Plummer, Howard Gary have visited these programs. These programs have been identified, evaluated, and recommended for 7 years. All of a sudden, the integrity of the director ... it says the sports development club was not funded, because it was determined that the funds paid to the project director was not used to administer the project. That's defamation of character and I resent that because it shows that as a Ph.D. and an administrator and an honest man, something went wrong and I would like to know what did for you to have this kind of statement in here when you came to me personally and said we had a good program. The program was recommended last year for funding, but it was not funded. It was recommended, but it was not funded. All of a sudden you say it was not funded this year and we are not being funded because the monies that were given to the project director was not implemented to the program. I would like for you to clarify that in open. Ms.5pillman:In our monotoring the proRram.determined that nr. r'e- ura n id s not doing ... he was the paid director of the program ... was not perrorming his duties as director. We monitored the program; we went to the site. He could not be found. We called him at a consulting office, where he was employed. He was there during the hours in which he was being paid to run this program. The program was not recommended for funding last year. We recommended that it go to Tacolcy Center, where it is now currently operating fine on a much smaller budget. We strongly recom- mend against this program. Mayor Ferre: We are funding everything for one more month and we will continue these discussions next month. Now it is just that simple. Now, does anybody else need to speak before we adjourn? We are going to adjourn in a moment and we will continue these discussions at the next meeting in December. Your name, sir? sl 8$ NOV 161983 0 6 Mr. Will Baskins: Will Baskins, I'm with the Performing Artists Guild Ensemble. I won't speak now, but I would like to leave some information with the Commissioners and yourself so you could read about our organization. Mr. Carollo: Mr. Mayor, I made a motion and there was a second, so we can vote on it. Mayor Ferre: On what? Mr. Carollo: On extending the funding for another month. Mayor Ferre: There is a motion and a second that is on the floor now. Does anybody else need to speak before we...I am asking if anybody needs to speak, speak now. I don't want anyone telling me I didn't give them a chance to speak. Mr. Manuel Torres: My name is Manuel Torres, 252 N.W. 29 Street. This is a multi -service program, the Puerto Rican Charities (unintelligible) between before social services employement economic agency in the Wynwood area. Puerto Rican Charities provide information and referral to public and social service agencies. They are being given right now by the Puerto Rican Charities and the voluntary ........I'm sorry, I can't understand this. But anyway, I'll be ... anyway ... the purpose or the program, anyway, is as follows: to orientate the Wynwood area. They are in the need of food stamps, anyways. To orientate and help all of those who are in need of public assistance, welfare, if it is needed, if he really needs it. To orientate and help all of those who are in need of social security. To orientate and help residents with housing problems, drug prevention conference and school on the street, stimulate the youth to be involved in sports and music and community involvement because a healthy mind develops a healthy body. I am not a good reader. so.... Mayor Ferre: That's all right, we understand. Look, why don't you forget that piece of paper you are reading from. Mr. Torres: Let's get down on.... Mayor Ferre: that paper. Just tell it like it is. Tell from your heart, Mr. Torres: I'm Executive Director of the program, anyways. I am not a good spokesman. I get kind of shaky sometimes, especially in these situations. We given ... we are non funded program... we've been working since May into the recent time now. Mayor Ferre: Well, look, we'll be back and we'll discuss this matter again at the next month's meeting. And I will recognize you and I want to meet with you and Roxanne in between so we can discuss this. Dena, Mr. Manager, if it is all right, I'd like for Dena to be at a meeting and we'll meet with these people in the Puerto Rican community from Wynwood. Is there anybody else who needs to speak before we break up? Mr. Frank Sitges: I'm sorry Mayor and Commissioners because I kno that you are tired, but I think it is essential that I stress the importance of reconsidering this program that I have submitted for Youth Co-op Inc. about the 'reach counseling program. I am dealing with a clientele who are adults mainly. We know the problem that the youth have in our community. I believe that problem would solve a lot of problems. We are willing to do the services of couseling, job search, and provide jobs for those youths. I would like the staff to reconsider this application. Mayor Ferre: All right, Frank. Mr. Sitges; Frank Sitges, Youth Co-op Inc. Mayor Ferre: Dena, would you meet go over their proposal and we will Now we are ready for a vote. Call once again with Youth Co-op and discuss it at the next meeting. the roll. sl NOV The following motion was introduced by Commissioner Carollo, who moved its adoption. MOTION 83-1064 A MOTION AUTHORIZING :AND DIRECTING THE CITY MANAGER TO ALLOCATE AN ADDITIONAL AMOUNT EQUAL TO ONE TWELFTH (1/12TH) FUNDING FOR EXISTING SOCIAL SERVICE PROGRAMS UNDER FEDERAL REVENUE SHARING, WITH THE STIPULATION THAT THE FOLLOWING PROGRAMS BE ADDED TO THE 1/12TH FUNDING: (a) UNITED FAMILY CHILDREN SERVICES; (b) MARTIN TECHNICAL COLLEGE; (c) CENTRO MATER; AND FURTHER STIPULATING THAT THE FOLLOWING PROGRAM BE DELETED FROM THE LIST OF CITY -FUNDED PROJECTS: (a) CENTRO CARIBENO DE ESTUDIOS POST-GRADUADOS. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote; AYES: Commissioner Joe Carollo Commissioner Demetrio Perez, Jr. Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins Mr. Gary: Mr. Mayor, can you clarify that motion for us, please? Mayor Ferre: The motion is as follows. We are going to fund for one month all of the programs except the Centro Caribeno de Estudios Post- Graduados; plus, in addition to the United Family Children Services for $22,820, the Centro Mater for $20,000, and the Martin Technical College for, I think it was $175,000 that you recommended, on a 1/12th basis until we have time, as Commissioner Carollo requested, to finalize our final conclusions. 61. A MOTION OF THE CITY COMMISSION STATING THEIR COMMITMENT TO FUND UNDER F.R.S. FUNDS A PROGRAM KNOWN AS THE MARTIN TECHNICAL COLLEGE IN THE FULL AMOUNT OF $175,000 FY'83-'84 FUNDS. Commissioner Barbara Carey: Can I speak to that, please? Mayor Ferre: Yes, ma'am. Hold on. Let me get everybody quiet. All right, all these children now, if you want to speak, please speak outside. 90 NOV 161983 sl 0 4 Mayor Ferre: Alright, Commissioner. Commissioner Barbara Carey: Thank you. I'm Dr. Carey, President of Martin Technical College and this is going to pose a serious problem for me because I'm not receiving monies from FRS funding already. I need my monies to get started on that program. So, one twelfth of that funding isn't going to help me, it's going to hinder me. So, I would prefer that you give us our funding now and let us get started and not give us one twelfth as you are to existing programs. Mayor Ferre: If you get the rest of this Commission here I'm perfectly willing to vote on that. And as long as it has the recommendation of the administration. Mr. Gary: Well, what you do is... I think what she is asking is that you vote the total amount of money, but even after you vote the total amount of money we don't give them all the money right away anyway. But she needs to know that after... if she gives up her staff she cannot then cut her staff off. Mayor Ferre: Mr. Manager, I want to tell you that it is obvious and implicit and if not, I will read for the record for the legislative intent that it is our full intention as far as I'm concerned at a minimum to fund the programs as recommended, including United Family, Centro Mater and the Martin Technical College. But all you are authorized to do is to pay one twelfth of the amount until we meet again. Now,... Mr. Gary: That's not what she... Commissioner Carey: But that's suppose to... Mayor Ferre: Yes. But the vote is obviously, that we are funding the full amount. Just like we are funding the full amount of Accion Center, you know, as recommended and just like we are funding the full amount of Belafonte Tacolcy Youth Vocational Center and so on. Commissioner Carey: May I say something, Mr. Mayor. We have to hire a staff based on not a month to month basis or one twelfth of what you give us. Mayor Ferre: Obviously, Dr. Carey and I... what I'm saying is the intention of this Commission is to fund the full amount. That's the legislative intent. Now, the only other... the only thing we are doing is putting off these other requirements until the next Commission meeting so that we can discuss whether or not we are going to fund anything additional. Commissioner Perez, Dr. Carey... UNIDENTIFIED SPEAKER: J. L. Mayor Ferre: Who? UNIDENTIFIED SPEAKER: J. L. Mayor Ferre: J. L., Dr... Commissioner Carey: I would like to request my full funding at this time. If we have a quorum here you can vote on it. Mayor Ferre: Dr. Carey says that she wants to request that she... she cannot go out and hire people on one twelfth of a basis. Now, I am interpreting the legislative intent of this Commission, that we are in agreement with the funding as recommended. We have added in addition to that the United Family Children Services for twenty-two thousand eight hundred twenty, Centro Mater for twenty thousand and Legal Services of Greater Miami for one hundred seventy-five thousand. Now, the remainder... Mr. Plummer: No, no, not Legal Services. Mayor Ferre: No, it's called Martin... I'm sorry, Martin Technical College. I beg your pardon, Martin Technical College for one hundred seventy-five thousand. Now, as I understand it what we have done is we have agreed to the funding of that. The rest of this we are going to continue discussion and in the meantime we are paying one twelfth, but the one that we have added, United Family, Centro Mater and this operation... Mr. Plummer: (COMMENT INAUDIBLE). 91 NOV 161983 0 6 Mayor Ferre: No, because we are up to... Mr. Plummer: Centro Mater has not proposed. Mayor Ferre: We have added twenty thousand dollars is all we have done. So, it's up to one million two hundred fifty-seven thousand eight hundred ninety- five dollars. Well, I got no problem if one of you will make the motion for the funding of Dr. Carey's, Martin Technical College. I got no problem at all. Commissioner Carey: My problem is... excuse me, Commissioner, that I'm not in the existing program and I can't get started unless I get my full funding. Mayor Ferre: She can't get started. Mr. Plummer: Mr. Mayor, I have no problem. It's been recommended and the entire thing... Barbara, the only problem I have is that I do know... is that each Commissioner does have some requests which we have not even got into and as long as it's understood that somewhere else is going to have to suffer because of this. We have already added one tonight which is Centro Mater. I know of at least... Mayor Ferre: We also added fourteen thousand for the blind. Mr. Plummer: For the blind, right. And I know of some other requests and you are talking about Aspira being put back in for the possibility. These... you know, I want to tell you I got no problem, but there is going to be a problem. Now, do we address it and bite the bullet now or do we bite the bullet later? Commissioner Carey: I wish you would and with all due respects to you, you do bite the bullet all the time. We all do. We know sometimes and we fund other things and suffer. So, that's the way life is. Mr. Plummer: I have -no problem. I will make a motion, you have got to have a program. Mayor Ferre: Does that meet with the approval of the administration? Mr. Gary: Yes, but I just want to clarify for everybody. She wants the commitment that she has got a hundred seventy-five thousand for the whole year. Mayor Ferre: That's correct. Mr. Gary: She will not get all the hundred seventy-five up front. Mayor Ferre: Oh, of course, not. Mr. Gary: Ok. Mayor Ferre: I think she understands that. Mr. Gary: She just wants the commitment that she is going to have it throughout the year so she can gear up a staff. Mayor Ferre: What we are doing is putting on the record what I thought was inherent in the legislative intent of what the action was. We are just clarifying it. Alright, there is a motion by Commissioner Plummer, seconded by Commissioner... Mr. Perez: No, no, before I second the motion first I want to clarify something. Because I have... Mr. Plummer: I withdraw the motion. Mr. Perez: No, no, I don't have any convenience to second the motion, but I... Mr. Plummer: I make the motion. Mr. Perez: ... to clarify... 92 NOV 16 1983 Mr. Plummer: Why don't you second it and then discuss it. Mr. Perez: I want to clarify something from my own point of view because I have received two or three questions from the media in the last three weeks. First I have a joint venture with Martin Technical College in Hialeah. It doesn't have any relation with this center. I would like to have the legal clarification. I don't have any relation with this center. I don't have any relation with the headquarter of Martin Technical College and I don't receive any benefits, but I want to place on record all this information. Now, -if it's legal I don't any convenience to second the motion. Mayor Ferre: In other words, as I understand it what the Commissioner is saying is that he has a relationship with Martin Technical College, but it isn't with this particular Martin Technical College. It's the one in Hialeah. It's non -related and there is no legal, financial or corporate entanglement, but he just wants to leave it on the record. Now, he says in his mind he has nothing to gain or lose and he doesn't have anything to profit by this. So, he doesn't have any--- in his mind any legal reasons not to vote. Mr. Clark: Predicated on the facts as stated by Commissioner Perez, there is no legal obstacle to his voting on this. The question of voting and not voting is entirely up,to the Commissioner and if he feels that he can vote, he is certainly permitted to do so by law. Mayor Ferre: Alright, now, are you still making this motion, Plummer? Mr. Plummer: Mr. Mayor, let's understand each other. What we are doing is making a motion of commitment. Mayor Ferre: That's correct. Alright, is there a second? Commissioner Perez seconds the motion. Is there a third? I third the motion. Commissioner Carey: My problem is I don't want to spend money that I can't get. Mayor Ferre: I third the motion so call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 83-1065 A MOTION OF THE CITY COMMISSION STATING THEIR COMMITMENT TO FUND A FEDERAL REVENUE SHARING PROGRAM KNOWN AS "MARTIN TECHNICAL COLLEGE", IN THE FULL AMOUNT OF $175,000 FROM F.R.S. FISCAL 183-'84 FUNDS. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote: AYES: Commissioner Demetrio Perez, Jr. Vice-Mayor,J. L.-Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ASSENT: Commissioner Joe Carollo Commissioner Miller J. Dawkins ADJOURNMENT: There being no further business to come before the City Commission, on motion duly made and seconded, the meeting was adjourned at 6:55 P.M.. ATTEST: RALPH G. ONGIE City Clerk 93 MAURICE A. FERRE Mayor i F A M I DOCUMENT MEETING DATE: November 10, 1983 INDEX. DOCUMENT IDENTIFICATION ' COMMISSION RETRIEVAL ACTYMN A*0 CAtE NQ- PERIMIT'TLNG THE SALE OF ALCOHOLIC BEVERAGES BY LIQUOR PACKAGE STORES, NOT FOR CONSUMPTION ON THE PREMISES ON ALL SUNDAYS OF DECEMBER 1983 R-83-1013 ELECTING AND APPOINTING COMIMISSIONER MILLER J. DAWKINS AS VICE MAYOR OF THE CITY OF MIAMI FOR A TERM OF ONE YEAR. R-83-1016 WAIVING TIME LIMITATION FOR FIREWORKS DISPLAY AT THE ORANGE BOWL ON DECIEMBER 9, 1983. R-83-1017 ALLOCATING FUNDS IN THE AMOUNT OF $10,000. FROM SPECIAL PROGRAMS TO PROFESSION INC IN SUPPORT OF ITS ON -GOING PROGRAM FOR FREE MEDICAL SERVICES. R-83-1019 CONFIRMING THE ACTION OF THE CITY MANAGER IN AUTHORIZING THE I"XPENDITURE OF $5,810.60 FOR REPAIR AT THE IIIAMI POLICE STATION. R-83-1021. APPROVING ACTIONS OF CITY MANAGER IN FINDING THE TREE AND SOD PLANTING PROJECTS FUNDED BY THE SMALL BUSINESS ADMINISTRATION PARKS AND RECREATIONAL AREA. R-83-1022 ACCEPTING COMPLETED WORK BY LANZO CONSTRUCTION COMPANY FOR KOUBEK SANITARY SEWER IMPROVEMENT. R-83-1023 WAIVING AFFIRMATIVE VOTE AFTER ADVERTISE PUBLIC HEARING, THE PROHIBITION AGAINST THE APPEARANCE OF A FORMER CITY OFFICER-LAURA TINDALI, HOWELL. R-83-1024 ACCEPTING COMPLETED WORK OF SHAFFER AND MILLER, INC. FOR DOWNTOWN GOVERNMENT CENTER. R-83-1027 ALLOCATING THE AMOUNT OF $3,117.29 TO THE COCONUT GROVE LOCAL DEVELOPMENT CORPORATION TO SATISFY THE FINANCIAL OBLIGATIONS OF CGLDC WITH REIMBURSEMENTS TO THE CITY OF MIAMI ON OR BEFORE JANUARY 1, 1984. R-83-1028 REQUESTING FINANCIAL ASSISTANCE IN THE AMOUNT OF $455,000. FROM THE FLORIDA BOATING IMPROVEMENT PROGRAM; ACCEPTING SAID FUNDS FROM THE METROPOLITAN DADE COUNTY COMMISSION -DINNER KEY LANDING REDEVELOPMENT PROJECT. R-83-1029 RATIFYING THE PAYMENT OF $20,000 TO CORONADO STUDIOS FOR THE PRODUCTION OI- A TEN MINUTE FILM OF THE INAUGURATION OF THE MIAMI CONVENTION CENTER ON OCTOBER 1, 1983. R-83-1030 WAIVING THE COMPLIMENTARY TICKET LIMITATION AS MANDATED 1N SECTION 53-141 OF THE CODE OF THE CITY OF MIAMI FOR THE PARTNERS FOR YOUTH, UNIVERSITY OF MIAMI. R-83-1031 El DOCUMENT INDEX CONTINUED PAGE 0 2 DOCUMENT IDENTIFICATION AUTHORIZING CITY MANAGER TO EXECUTE AN AG[;EEMENT FOR PROFESSIONAI, CONSULTAN'C WITH THE INSTITUTE FOR PUBLIC POLICY OPINION RESEARCH. NAMING THE BRICKELL PLAZA MINI PARK AT S.E. I AVENUE AND 10 STREET, THE "ALLEN MORRIS, SR. MINI PAR[. AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENT'S WITH 8 NEIGHBORHOOD ECONOMIC DEVELOPMENT ORGANIZATIONS. PROFESSIONAL AGREEMENT 111TH BOSWORTH AERIAL SERVICES, INC. FOR AERIAL PHOTOGRAPHY OF T'HE CITY OF MIAMI. GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF VETERAN AND COMMUNITY AFFAIRS IN THE AMOUNT 0I7 $16,000. TO CONDUCT A CHILD DAY CART: PROGRAM. ACCEPTING THE BID OF FRE CONSTRUCTION COMPANY, INC. IN THE PROPOSED &:MOUNT OF $799,962.50. ACCEPTING THE BIDS OF HiNROLD'S SALES AND SERVICE AT A COST OF $10,835.10, FIRF.LINE, INC. AND .JACKSONVILLE FIRE EQUIPMENT. ACCEPTING THE BID OF BETTER CONSTRUCTION, INC. ACCEPTING THE BID OF MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC. FOR FURNISHING ONE RADIO PAGING BASE STATION TO THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE. ACCEPTING T'HF. RTD OF AWRTCAN SFATING COMPANY FOR FURNISHING APPROXIMATELY 4,000 RT'ADTII*I SEATS FOR THE DEPARTMENT OF VEHICLE MAINTENANCE. ACCEPTING THE BID OF JOE REINERTSON EQUIPMENT COMPANY FOR CITY WIDE SANITARY SEWER IMPROVEMENT. ACCEPTING THE BID OF FRE CONSTRUCTION CO., INC. FOR GRAND AVENUE SIDEWALK IMPROVEMENT IN THE GRAND AVENUE HIGHWAY IMPROVEMENT DISTRICT H-4483. ACCEPTING THE BID OF R.P.M. DIESEL ENGINE COMPANY, INC., FOR FURNISHING ONE TRUCK TRANSMISSION TO THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES. DIRECTING CITY CLERK TO PUBLISH A NOTICE OF PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPTANCE BY THE CITY COMMISSION OF THE COMPLETED CONSTRUCTION OF RUSSELL, INC. OF MANOR HICH14AY IMPROVEMENT -PHASE II. R-83-1032 R-83-1033 R-83-1034 R-83-1035 R-83-1036 R-83-I037 R-83-1.038 R-83-1039 R-83-1040 R-83-1041 R-83-1042 R-83-1043 R-83-1044 R-83-1045 DOCUME NT NDEX CONTINUED PAGE 3 DOCUMENT IDENTIFICATION ACCEPTING FRO'N WOMET'CO ENTERPRISES. INC. A COVENANT' II R1TN WITH THE LAND RELATING TO THE INSTALLATION OF A COMPUTER DUCT BANK . AUTHORIZING THE %IANA(-',L'R TO EXERCISE THE RENEWAL PROVISION CONTAINED IN THE EXISTING LEASE AGREIEMENT WITH METROPOLITAN DADE COUNTY FOR THE LEASE OF OFFICE SPACE AT THIE CULlIER/OVERTOWN NEIGHBORHOOD SERVICE. CENTER, TRANSFERRING THE DEDICATED PUBLIC RIGHT OF WAY OF S.W.-N.W. 8TII AVENUE AND N.W. 7TH AVENUE BETWEEN S.W. 8TH STREET AND N.W. 36T'H STREET. APPROVING THE. SELECTION AND USE OI. A COMMUNITY OUTREACH CENTER BY THE DIRECTOR OF THE OFFICE OF PROFESSIONAL. COMPLIANCE. APPROVING THE FINAL FEASIBILITY REPORT PREPARED BY RUSSELL, MARTINEZ AND IEOLT FOR THE, PROPOSED DESIGN PLAZA PARKING STRUCTURE. ALLOCATING AN AMOUNT NOT TO EXCEED $1.200. IN SUPPORT OF THE DECEMBER 8, 1983 GOLDEN YEARS, INC. TENTH ANNUAL HOLIDAY DINNER FOR NEEDY SENIOR CITIZENS AT THE BAYFRONT PART: Atli) ITORTUM. AUTHORIZING CITY MANAGER TO EXPENDS 524,778.94 FOR THE PURPOSE OF PROVIDING FUNDS TO THE SOUTH FLORIDA EMPLOYMENT AND 'TRAINING CONSORTIUM. DETERMINING THE PUBLIC NEED AND NECESSITY FOR ACQUIRING THE FEE SIMPLE TITLIE TO CERTAIN PROPERTY DESCRIBED HEREIN TO BE USED FOR THE RICH -OF -WAY FOR THE EXTENSION OF S.E. MIAMI AVENUE ROAD (BRICKELL PLAZA). AUTHORIZING THE CITY'S PARTICIPATION IN THE AMERICAN CANCER SOCIETY GOLF PRIVILEGES CARD PROGRAM. APPROVING THE CITY'S PARTICIPATION IN THE AMERICAN LUNG ASSOCIATION GOLF PRIVILEGES CARD PROGRAM. AUTHORIZING THE PURCHASE OF COMPUTER STOCK PAPER ON AN AS NEEDED BASIS FROM THE ARNOLD CORPORATION FOR THE DEPARTMENT OF COMPUTERS. ALLOCATING $19,000. FROM SPECIAL PROGRAMS IN SUPPORT OF THE FIELD INT'ERSHIP PROGRAM CONDUCTED BY THE NATIONAL URBAN FELL014S INC. APPROVING THE ACTIONS OF THE CITY MANAGER IN AUTHORIZING THE EMRGENCY PURCHASE THE OPEN MARKET OF REQUIRED VEHICULAR PARTS AND SUPPLIES NOT TO EXCEED $50,000.00. ALLOCATING THE AMOUNT NOT TO EXCEED $1,000. FROM BUDGET RESERVE TO COVER THE COST OF ROUND TRIP AIRPLANE TICKET TO SANTO DOMINGO FOR FIVE PLAYERS OF THE TONY TAYLOR BASEBALL ACADEMY. R-83-1046 R-83-1048 R-83-1049 R-83-1050 R-83-1051 R-83-1052 R-83-1053 R-83-1054 R-83-1055 R-83-1056 R-83-1057 R-83-1058 R-83-1059 R-83-1060 DOCUMENT INDEX CONTINUED PAGE DOCUMENT IDENTIFICATION ALLOCATING FUNDS TO COVER THE. OPERATING COSTS OF THE ELIZABETH VTRRICK IOXI.NG M"I UNTIL THE NFXT MF.I.TT"iC IN NoVEMBER 1983, 1 R-83-1061 AI'"I'HURII,ING THE DIRECTOR OF FINANCE: TO PAY TO GHISLAINE BIEN-RIME. AS PERSONAL REPRESENTATIVE OF "I'llE ESTATE OF LAFONTANT BIEN-AIM1: THE SUM OF $391.000.00. WITHOUT THE ADMISSION OF LIABILITY R-S3-1062 ACCEPTING THE BID OF TARCEIT CONSTRUCTION COMPANY IN THE PROPOSED AMOUNT $248,800, 1 R-83-1063