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HomeMy WebLinkAboutCC 1983-07-08 MinutesCITY OF MIAMI Ir OF MEETING HELD ON July 8, 1983 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HAL L RALPH G.. ONGIE CITY CLERK 10 NO$ 1 2 3 4 5 L 7 8 9 10 !1 2 (SPECIAL) SMCT JULY 8, 1983 INTER -LOCAL AGREEMENT WITH METRO DADE COUNTY OPTIONAL GAS TAX. DISTRIBUTION TO MUNICIPALITIES AUTHORIZE AGREEMENT: ENTRANT IMPACT AID PROGRAM FUNDS PROFESSIONAL JOB TRAINING SERVICE FOR CITY PARTICIPANTS. DISCUSSION ITEM: MIS UNIVERSE PAGEANT. DISCUSSION ITEM: MI424I GRAND PRIX . EMERGENCY ORDINANCE: EXPAND BOUNDARIES OF THE DOWNTOWN DEVELOPMENT AUTHORITY TO INCLUDE BRICKELL AVENUE. AUTHORIZE CITY MANAGER TO ALLOCATE FUNDS FOR CERTAIN CITY OFFICIALS TO ATTEND. U.S. BLACK ETHNIC FESTIVAL IN DETROIT, MICHIGAN AND COMMISSIONER PLUMMER TO ATTEND SISTER CITY INTERNATIONAL IN PHOENIX, ARIZONA. AUTHORIZE CITY MANAGER TO ALLOCATE FUNDS FOR CERTAIN CITY OFFICIALS TO TRAVEL TO SAN SALVADOR, EL SALVADOR DISCUSSION ITEM: PROPOSED ORDINANCE AMENDING SUBSECTION 46-52 "ELIGIBILITY OF POLICEMEN AND FIREMEN FOR PROMOTIONAL EXAMINATIONS". (ORDINANCE FAILED BY 2 = 2 VOTE). DISCUSSION ITEM: FUNDING OF EDISON-BUENA VISTA ECONOMIC DEVELOPMENT PROGRAM. AUTHORIZE CITY MANAGER TO PROVIDE NECESSARY FUNDS TO "ACTION COMMUNITY CENTER, INC." TO PERMIT CONTINUED LEVEL OF SERVICE TO THE COMMUNITY.. ORDINANCE Ojj P91 10 KESOWTION R-83-552 R-83-553 DISCUSSION DISCUSSION ORD. 9650 M-83-554 M-83-555 DISCUSSION DISCUSSION M-83-556 16 10 MINUTES OF SPECIAL MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 8th day of July, 1983 the City Commission of Miami, Florida met at its regular meeting place in said City in Special Session to consider business of public import. The meeting was called to order at 10:45 A.M., by Mayor Ferre with the following members of the Commission found to be present: ALSO PRESENT: Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre Howard V. Gary, City Manager Jose R. 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. 1. I11T'_'R-L0CAL AGREEMENT I1ETRO DADE COU17Y OPTIONAL GAS TAX DISTRIBUTION TO M rNICIPALITIES. Mayor Ferre: On the discussion of the Dade County gasoline tax, -do you'need any action on that? Mr. Gary: Yes, we do. Mayor Ferre: What action do you need? Mr. Clark Merrill: We need the adoption of the resolution on the tax. Mayor Ferre: Do you have any problem on that resolution on the four cent oas tax? (INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD) Mr. Gary: Mr. Mayor. Mayor Ferre: Yes, sir. Mr. Gary: I think it is important to note that as a result of your diligence in this effort, and also Staff, in negotiating this agreement, even though some people thought that we were fighting with Dade County, our only concern was to get our fair share and and as a result of particularly your effort and Clark Merrill's as well as some people in Public Works, we are now getting $250,000 more on this final agreement as opposed to the original, which means we will be getting $3,000,000 a year for five years, and that is $15,000,000 which we sorely need to improve our rolls in the City of Miami. Mayor Ferre: You see Ross, sometimes sociopaths do good things for the people. All right now, it is time for us to vote. Mr. Gary: Yes, we need a vote. 01 005 JUL 819 0 0 Mayor Ferre: We've got to vote. Is there a motion? Mr. Plummer: What is the motion? Mayor Ferre: It is before you in your packet on Item Number 4. Mr. Gary: You are authorizing me to sign the interlocal agreement. Mayor Ferre: It is the acceptance of what Clark Merrill negotiated. Is there a motion on Item Number 4?. I want to expand for the record, Howard, that J. L. was also involved before the league of cities and arguing this thing. We took a lot of heat on it; we took a lot of —the papers kind of played it up like you were trying to play on hand a little too strongly and, J. L. and I were the only guys that stood up at that meeting, but I am glad we did, because this is the end result. Mr. Merrill: Can I just for the record say that Miami Beach and Hialeah both have approved, and they are co-signators on the agreement. Mayor Ferre: Is there a motion? Mr. Plummer: Moved. Mr. Gary: Mr. Mayor... Mayor Ferre: Moved by Plummer. Mr. Dawkins: Second. Mayor Ferre: Second by Dawkins. Yes, sir, Mr. Manager? Mr. Gary: Mr. Mayor, I think it is important to note that the policy or philosophy that we have been following is that the City of Miami is the nucleus of Dade County, and I think it is important that we get our fair share of these dollars. I also think you should direct me to sit down with Merritt Stierheim because the 74% that they will be getting is to be used County wide, and I want to make sure that we also recognize the importance of Miami in those allocations also. Mayor Ferre: Well, let the motion include that. Mr. Plummer: Well, if you will recall, Mr. Mayor, that I am voting for this motion predicated on the fact that Metropolitan Dade County at that meeting stipulated, as I recall, Howard - is it two-thirds? Two-thirds of their money.... Mr. Gary: Two-thirds. Mr. Plummer:.... that is their percent will be spent in the cities. Mr. Merrill: They would use their greatest effort. Mayor Ferre: Yes, but let's be very clear also, as to what Merritt Stierheim and the County Commission, what Stierheim recommended, and the Commission voted on. 95% of their money is going to non -road items. They are going to bus systems; it is going to the Metrorail and the People Mover. Mr. Plummer: That benefits all of us. Mayor Ferre: Are we ready to vote now on this? It is "A resolution authorizing the City Manager to enter into an interlocal agreement with Metropolitan Dade County, Miami Beach, Hialeah, to provide for the distribution of a portion of the Dade County optional gas tax to be distributed to municipalities according to the terms and condition set forth in the attached agreement". Read to vote? Call the roll. 02 ld JUL 81983 4 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 83-552 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH METROPOLITAN DADE COUNTY, MIAMI BEACH, AND HIALEAH TO PROVIDE FOR THE DISTRIBUTION OF A PORTION OF THE DADE COUNTY OPTIONAL GAS TAX TO BE DISTRIBU- TED TO MUNICIPALITIES ACCORDING TO THE TERMS AND CONDITION SET FORTH IN THE ATTACHED AGREEMENT. (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 Demetrio Perez, Jr. Commissioner Joe Carollo 2. AUETORIZE AGR EMEITi : EIITRAI?T I11PACT AID PROGRAI1 FUIIDS PROFESSIONAL JOB TRAINING SERVICE FOR CITY PARTICIPANTS. Mayor Ferre: How about Item Number 3 - is that a controversial item? Mr. Gary: No. Mayor Ferre: This is the Entrant Impact Aid Program. Mr. Gary: I think we can vote on that, Mr. Mayor. Mayor Ferre: All right, is there any discussion on Item Number 3, so we can get that behind us? Mr. Plummer: As presented by the Manager in its final draft, I so move. Mayor Ferre: Is there a second to Item 3? Mr. Gary: Mr. Mayor, the final... I'm sorry, I will wait for the second. Mayor Ferre: Is there a second? Mr. Dawkins: Mr. Mayor, I have a problem with this whole City allocation. I told the Manager before that I was disturbed by the same individuals in the community receiving the money, and that certain individuals did not ever receive any, and I do have a problem with it. Now, we have a South Florida Youth Adults. They asked for a certain amount of money, and there weren't given that. We also have the Southwest Social Services. They requested money. They didn't get it. And we have given the same people the same money, I mean, all the time! Mayor Ferre: Well, how much is their request? I'd be happy to... Mr. Dawkins: South Florida Youth Adults, they requested $100,000. They ended up with something like... Mr. Adkinson, step up to the mike please. What did you request, Mr. Adkinson? State your name for the record. 43 JUL 81983 ld Mr. Morris Adkinson: Morris Adkinson, South Florida Young Adult Program, 1901 S. W. 1st Street. We requested $97,000. Mr. Dawkins: Okay, you requested $97,000? Mr. Adkinson: Right, initially. Mr. Dawkins: What are you getting from CETA? Are you getting any funds from CETA? Mr. Adkinson: We are getting from CETA, right. We are getting like $300,000 from CETA. Mr. Dawkins: And you want the City to give you $97,000 on top of your $300,000. You can justify use of that? Mr. Adkinson: Yes, I can. In fact, last year we received $92,000 from the City of Miami for the Cuban -Haitian Entrant Program. We requested $97,643 and initially we reported of figure of $77,990, and this was on June 20th. Then we received a second call on June 29th indicating that that figure had been reduced to $59,990, which was about a 35% reduction at that time. Mr. Gary: Mr. Mayor. Mayor Ferre: Yes, sir. Mr. Gary: This is always a difficult process and in these hard economic times and in view of reductions by the Federal Government and the amount of money allocated for social service programs, I would suggest as an alternative to making any changes to the current program, we have identified our criteria that was utilized, and I think we have an ethnic balance here in terms of both minoritiy communities, mainly the Latins and Blacks, that we retain what exists here. I think the philosophy which I am now getting from Commissioner Dawkins and from the total Commission is that for future funding that we consider new organizations in that process, but almost must inform you that during that whole process, there is a highly competitive process in terms of experience and results of agencies that exist in the community, and I think in the future we will consider those new organizations. Mr. Adkinson: May I make one more point, sir. I think the other thing I need to bring out is that basically with the 35% reduction, it pretty much cuts the very guts out of our program within the Haitian Community, because we have... Mayor Ferre: You mean you are getting $373,000 from us, right? Mr. Adkinson: No, no. That is not true. We requested $97,000. We initially received on June 20th, $77,000. Then there was a further reduction. Mayor Ferre: Wait a minute! I have a very simple... let's get right to it. Howard, they are asking for $77,000, right? And you are proposing $60,000. There is a difference of $17,000. Mr. Gary: What is your organization? Mr. Adkinson: South Florida Young Adult Program. Mayor Ferre: South Florida Youth Adults... Mr. Adkinson: Young Adult Program, right. Mayor Ferre: You are recommending $59,990 and they are asking for $77,000, which is $17,000 short, and I understand Commissioner Dawkins's request is that they be granted that $17,000. Is that correct? Mr. Dawkins: If they can justify it, yes. The only problem I have Mr. Gary is that they are already receiving $313,000 from CETA. Now, if he actually needs $77,000 with that to do his program, I have no problem with it. 1TS ld JUL 81983 0 0 Mr. Gary: I have a problem. My problem is that we have scarce resources, both from CETA and ourselves. We have had a significant reduction. If you look at a lot of organizations, they are doing less better than this organization. They are getting $313,000, which we voted on to give them from CETA. You can't look at these monies separately. You have got to look at them together, that is why I've got two charts. I think he is going to live with the reductions just like everybody else is dealing with the reductions. Once you start opening the door to allow him to come in, then you have to give it to somebody else and the pot of money is limited. He got $373,000. Mr. Dawkins: That is fine, but if you don't get a third vote here, nobody will get anything! Let's be realistic. Mr. Gary: That is fine. Where do you want to take it from? I mean, you know, that is what you are going to start doing and I am just saying that I think we have had a systematic process of allocating these dollars. Mr. Dawkins: But the only thing I am telling you Mr. Gary, is I told you before today that there was O.I.C. out there that didn't get any money, and you still... O.I.C. is not an organization that just started. Not you, I am talking about your staff, but I have to hold you responsible, not your staff. Mr. Gary: No, you have to blame me. All the buck that is passed stops here. Mr. Dawkins: You see, and I've got a problem with it. Mr. Gary: I think I understand what you are saying. I am just saying that I think I have a different approach to trying to solve this problem, and it is not giving him more money. I don't think he needs any more money in view of the reductions we had, but other organizations ought to be up here before him, such as O.I.C., and I am saying those organizations that have not gotten money, we ought to, with the new CETA program, with the new C.D. money, and the new F.R.S. money, we address those new organizations. Mr. Dawkins: Okay, I will say this then - can we tell him then, if we do find money, you will give him more? Mr. Gary: Yes. Mr. Adkinson: Just let me say one thing here, if I might. I think, you know, what I am really saying here, I think Mr. Gary hit upon the fact that we were getting some money from some other sources, and I think we have to look at the total program in terms of what we are trying to accomplish. Number one, of course, is that we do have a big Haitian community, where there is a need for E.S.O.L. programs, that is Number one. Number two, there is very little money in that area. For example, we decided to move an outreach center out to St. Paul Academy, which is on 67th Street, which is in heart of the Haitian Commun- ity. Secondly, we are hoping to utlilize these funds to open another center at Notre Dame. And the third thing that we have to also realize in the future we will not have additional allowances or stipends for people in this particular system. Therefore, we are going to have to take those particular programs to the community, and this is why we need the additional funding. Mr. Plummer: But I think what you also have to remember that that same argue- ment is being used by all eleven agencies who in fact have been cut down. That same arg�_unent prevails! I haven't heard from one of them that said we are agree- able and we can live with it. We are going to have to live with, it, okay? You know, there is no magic to this thing. Costs are going up, and revenues are going down. Now, something has got give, because it has got be balanced at the final end. Mr. Adkinson: I agree with that, Mr. Plummer, but let me say one other thing. Mr. Plummer: You can't disagree with that! Mr. Adkinson: Initially, we were cut ftom $97,000 to $77,000, and we said "Okay, we are going to try to live with,this as best we can". Mayor Ferre: Wait a minute. Look, I think you are getting into trouble - you are getting into trouble, and I think you have your thing solved now, okay? Mr. Adkinson: All right, thank you. 05 J U L 81983 ld #4 0 Mayor Ferre: So, I think once you have solved a problem, I've learned to keep quiet. Mr. Gary: Mr. Mayor, for the printed media and some people who for confusion purposes, attempts to distort things. I think, first of all, this is the second year that we have attempted to treat all things in this community equally, based on need. If you recall, when we first started the Cuban -Haitian task force, the only people we were serving were Cubans. We, as well as the Consortium set up a conscious effort to address everybody's needs. Based on that, we also recognize to, in a sense of fairness, that there were more Cuban refugees than were Haitians. So we developed a formula. That formula says 70% Cuban, 30% Haitian. And if you look under _he Cuban -Haitian column of the chart, you will see we have Cubans, 309 to be served; Haitians, 168. That in effect, is a 65% Hispanic and 35% Haitian, so we are being balanced, and in terms of the people providing the services, we have six Latin organizations that will be providing the services, and five Blacks, and I think you can't get any- more fair a balance than that. Mayor Ferre: Are we ready to vote on this? Mr. Plummer: I move it. Mayor Ferre: All right, is there a second? Mr. Dawkins: The only thing I have to I have to add to that Mr. Gary, is I live in Liberty City and all of the Cubans you are talking about, the Mariel- itos, Black ones, are right in Liberty City with me, and unless you and your staff make an effort to address the fact that the Black Marielitos, who you do not find anyplace else but out there in Liberty City with me, have to be addressed. They are not going to get serviced. I am going to go along with your recommendation because that is what we pay you for, but I have to let you know that I am disturbed with it, and I am very unhappy with it. Mr. Gary: If I may add, Commissioner Dawkins, Mr. Mayor and Commissioner Plummer, that I also recognize the other concerns you have is that we do give opportunities to those who have not been given opportunities before who run these kind of programs, and we would do that in the future. Mr. Plummer: I think more plainly put into simple words, don't bring us a prescribed Federal Revenue Sharing and expect us to pass it. If you expect us to pass Federal Revenue Sharing when we pass budgets, you had better come talk to us first, because I think there is going to be some major changes made. Mayor Ferre: All right, with that we have a motion and a second. What are we going to do about... Mr. Dawkins: Okay, we have one more that has been to me, Mr. Gary. You will have to resolve this one and we can move on. State your name and address, sir. Ms. Christina Pineda: My name is Christina Pineda and I work for Southwest Social Services. We are located at 7329 West Flagler. Mayor Ferre: The name of that is Southwest...? Ms. Pineda: Social Services. And we were just awarded money from CETA. We were awarded $60,000. Where our program is located, half of our population lives in Unincorporated Dade County, and the other half lives in the City of Miami, mainly the area between N. W. 7th Street and Flagler and between 72nd Avenue and 57th Avenue. With the amount that we were awarded from CETA, which I might say was donated from the City of Miami Beach, the City of Hialeah and the University of Miami, which we don't serve their clients, and they each donated $20,000 in order to accomodate the population of Dade County that we were serving. We do not have sufficient funds to continue the program. Out of those $60,000, we have to pay the stipend. Mayor Ferre: Is that the total amount that you receive, $60,000? How much do you need for your program to continue? Ms. Pineda: If we could get another $60,000 to match the $60,000 that we already have, we would be able to serve both sides of the population - the people who live up near the Palmetto Expressway and the people that live down in the City of Miami. no VV JUL 81983 0 0 Mayor Ferre: Mr. Manager, what is the Administration's response to that request? Mr. Gary: Again, Mr. Mayor - first of all, their organization, in our estimation, is too far out to service our cliental. Secondly, half of their population is in Dade County, which we aren't to serve. It is to be served by other organizations to be funded by Dade County. Third, I must admit again, we have limited resources. Fourthly, we have an ethnic balance in terms of who is going to be served, and organizations to be served - 30% Haitians, 70% Cubans. The organization is going to be providing the services are six Latins, five Blacks. We've got limited re- sources, we can't fund them. Mayor Ferre: Where physically are you located? Ms. Pineda: We are located on Flagler Street and 73rd Avenue. Mayor Ferre: Is that in the City of Miami? Ms. Pineda: Yes, it is. It is on the north side of Flagler. One of the reasons... Mayor Ferre: That is at the end of the City? Mr. Gary: Yes, sir. Mayor Ferre: Well, let me tell you what my position is on this. I think that that whole Flagami area is an area that we have not rendered appropriate service to. Now, it is my opinion that we need to do something. I don't know, Mr. Manager, whether the amount of $60,000 - it might be less, I don't know - but I do think that we have to, as Mr. Plummer says, look at Federal Revenue Sharing funds, but I for one, want to go on record that I will be voting at the appropriate time for some monies to go to that part of the City of Miami, particularly the Flagami area, that in my opinion has gotten very little attention, proportionately in social services. Mr. Gary: Mr. Mayor, just to add to that, because I don't want you to treat your- selves too harshly. In terms of Flagami area, if you will recall, this City Com- mission directed me two years ago to improve the sewer and... Mayor Ferre: Yes, but this is... Mr. Gary: Let me finish, if I may, Mr. Mayor. Mayor Ferre: You are talking about sewers. Mr. Gary: I understand that, but I think you need to look at the total picture. I don't want people to get the impression that we are not doing anything out there. Water, sewer, we have put more money in that area than we have in any other area now, because of your concerns in directing us. Secondly, in terms of the Fire Rescue and the Medical Rescue, we have money now going out there to develop a task force that would service specifically that area. In terms of social services, Mr. Mayor, you may be correct, but I must inform you the facts reveal that the majority of the social service problems are in the heart of the City - in East Little Havana, Havana, Liberty City and Overtown and that is where we have been targeting our money, but I would agree that we can look at their program in terms of F.R.S. allocations. Mayor Ferre: I obviously can't speak for the other four members of the Commission, but I think Commissioner Dawkins has shown some concern, and I just want to add my name to his, saying that I think we need to do something to help these people in the Flagami area in social programs, and I just want to go on record, along with Commissioner Dawkins, to that effect. Ms. Pineda: We have served about three hundred clients that live in the Flagami area and all meet the criteria for H.R.S., for the minimum level of income that a family can receive. Mayor Ferre: And that is something, Mr. Manager, that I want Staff to corrobo- rate when we return and discuss this with Federal Revenue Sharing. Mr. Plummer: Mr. Mayor... 0'7 ld JUL 81983 4 • Mayor Ferre: Yes, sir? Mr. Plummer: Last evening, and Mr. Manager, you listen, even though you were there. Commissioner Dawkins and myself attended the meeting of the Urban League. They have basically been denied funds from United Fund, which was a source that they used in the past. I am going to express, Mr. Manager, that I don't believe that this community needs, or can afford to exist without the Urban League. And I want you to know that I am going to push very strong for the F.R.S. funds in at least the amount of $20,000 to keep those doors open. Now, I am telling you that this community has got to have the Urban League. It is a vital part. I am going to push very strongly to see that those doors remain open to at least $20,000. Mayor Ferre: Further discussion? Mr. Dawkins: The only thing I would like to say to all of us here is, I sym- pathize with you and I know what you are saying, but as the Manager said, if we give one, we are going to have to give everybody, and I don't see how it can be done, but I assure you that when the time comes with the Federal Revenue Sharing Fund, we will try to make up the shortfall. With that, I am ready to vote, Mr. Mayor. Mayor Ferre: All right, further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 83-553 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREE- MENTS, SUBJECT TO THE CITY ATTORNEY'S APPROVAL AS TO FORM AND CORRECTNESS, TO ACCEPT ENTRANT IMPACT AID PROGRAM FUNDS; FUR- THER AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS, SUBSTANTIALLY IN ACCORDANCE WITH THE ATTACHED, WITH SPECIFIED ORGANIZATIONS TO PROVIDE PROFESS?CNAL JOB TRAINING SERVICES FOR THE CITY'S PARTICIPANTS IN THE ENTRANT IMPACT AID PROGRAM. (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: NOTE: AYES: Commissioner Miller J. Dawkins * Although absent on roll call, Commissioner Joe Carollo * Commissioner Carollo requested Vice -Mayor J. L. Plummer, Jr. of the City Clerk to be shown Mayor Maurice A. Ferre as voting with this motion. NOES: None ABSENT: Commissioner Demetrio Perez, Jr. 3. DISCUSSION ITEM: 14ISS UNIVERSE PAGEANT. SEE MR. CAROLLO'S COMMENTS DURING FOLLOWING ITEM. Mayor Ferre: The Miss Universe item is very simple, so let's do that one and get that one behind us. Mr. Manager, is Cesar Odio here? As you know, Miss Universe Pageant will be this weekend, finalizing Monday. I had requested through you, Mr. Manager, and through Merritt Stierheim, that we participate and that we show interest and concern on this and it is my opinion that....I understand Cesar is going up and that Gene Westphal in charge of Tourism, and that people from the Chamber of Commerce, hopefully, and from the Greater Miami Hotel and Motel Association, will be present. The question is, what are they do to. Cesar has been asking, and I want to make sure that ... well, at this stage of the game we don't know what we are going to do. I think the instructions NOTE FOR THE RECORD: Commissioner Carollo enters at 11:15 P.M. Id 08 JUL 8 1983 are to go up to St. Louis to talk to the Budweiser people, who are very good friends of ours through the Grand Prix and through the boat races and other events, and you ought to get the name of the Vice -President in charge of that up in St. Louis. He told me he would be happy to help you. You ought to speak to the Mayor and to the Administration in St. Louis to find out exactly how much money they put in. The Vice -President of Budweiser told me that the Busch entertainment people were concerned and that the Mayor was concerned be- cause they thought that it was only going to cost them $500,000 or $600,000 cash, and they found out that it was a lot more than that, because they had to put up transportation expenses and they had to house people and that the meter has been running up pretty high. Now, I think you need to investigate how much they actually put up, how much it cost, what returns they are getting for that, what kind of publicity, (I understand they claim that forty million people in the U. S. alone will look at the Miss Universe Pageant - that needs to be corroborated, and I think you generally look into the situation and come back with a recommendation to this Commission, to the Metro Commission and to the Chamber of Commerce as to whether or not it is worth pursuing for the year 1984. Now, in my opinion, it is worth pursuing, but I think that is something that has to be delineated. Now, the importance of it is time. I understand that Gulf and Western, who is the parent organization of Miss Universe Pageant, wants to make this decision for next year sometime by the first of September, by Labor Day, which means that you are going to have to come up with a very quick recommendation as to what, if anything we are to do. Now, is there any action needed, Mr. Manager? Mr. Gary: No, we just want some direction, Mr. Mayor, and that is adequate enough for us. AT THIS POINT, COMMISSIONER CAROLLO MAKES SOME COMMENTS PERTAINING TO PRIOR AGENDA ITEM. Mr. Carollo: Excuse me, whenever You think it appropriate, I would like to verbally give me vote on the item that I was a few minutes late for. You voted this Item Number 3, Mr. Mayor, and I would like to clarify my vote. I am going to be voting "yes" with the motion. However, I would like to clari- fy that even though I am voting with the motion, on Number 6, SABER, Inc., I am very much set against giving the amount of funds that we are giving to them. However, since if I were to vote "no", it might reflect that I am against all the other programs that I feel are very worth while, I am going to have to vote "yes", but I just want to make it as clear as I possibly can that I for one do not want to be paying on Mr. Lacasa's insurance policy, or anything else that might be going out in that particular program. END OF COMMENT. 4. DISCUSSION ITEti: MIAMI GRAND PRIX. Mayor Ferre: We are now going to take up the Grand Prix. Mr. Sanchez? Mr. Carollo: Mr. Mayor, if I may - the main purpose, in fact the only purpose that we had called the special meeting for - maybe you could go over it again for me, because maybe I am not recollecting correctly. Mayor Ferre: The main purpose, the original purpose of this meeting today on the 8th of July was to discuss the possible expansion of the D.D.A. into the Brickell Avenue area, which is something... the reason why the time had to be today is because if we are to get the funds from the taxing source, it must be done within a certain time criteria, as established by Metropolitan Dade County, so the purpose of this meeting today was that. Now, in addition to that, I have expanded the call to the items that are listed on your agenda, which are the five and in addition to that, we added the Grand Prix, Miss Universe, and Accion. Those are the additional three items. I've expanded the call to this, is what I am saying. ld 09 J U L 81983 4 Mr. Carollo: In order words, you have expanded it to items that you feel are emergency type items. Mayor Ferre: I do. That is correct. Mr. Carollo: Okay, if Mr. Sanchez can explain to me what is the emergency in this item, I would be very much eager to hear it. Mayor Ferre: All right, that is why I called - Mr. Sanchez. Mr. Gary: If I may, before he speaks, the City Commission at the last meeting asked to lout on items 1, 2, 4 and 5. Item 3 was added because of the emergency nature of the examination. With regards to Mr. Sanchez, the City Commission passed a resolution authorizing me to enter a contract, however, the City Commis- sion, specifically the Mayor, asked that I come back to the City Commission for information just to let you know the specifics of how I plan to sign that contract, and we are here to give you that information, but you had already voted for me to sign the contract. Based on the Mayor's concern, which I thought should have come back before this Commission, I am bringing you back the information. Mayor Ferre: Mr. Gary, let's be very specific and clear. At the last Commission meeting, the majority of the members, in fact it was unanimous motion of this Commission instructed you not to sign that until a statement that was made in the newspapers was clarified. Now, Mr. Sanchez and his representatives have talked, I think, to all of us directly and to our offices, and in my opinion, the matter of his statement that Metropolitan Dade County would be given a better deal than the City of Miami, has been clarified. Now, I think what you need to do spec- ifically is to tell us - as I understand it, you have a favored nation's clause in the contract, and you need to read that into the record, so we understand exactly what that favored nation's clause says. The crux of the controversy is really very simple. The statement was made that subsequently in the case of Metro, at Tropical Park they would be getting 50% of the gross vs. our net, and there was some question as to whether the gross was better than the net. The simple way of solving that was to put in the favorate nation's clause that would give us the right to chosse either/or, as I understand it. Mr. Gary: Mr. Mayor, Section E of the agreement, which says "Increase in Payment. If in the future during the term of this agreement M.M.I. or Sanchez agrees to make a percentage payment to another political subdivision or local government authority within a three hundred mile radius of the City of Miami, as equivalent to a greater percentage paid to the City of Miami, M.M.I. and Sanchez shall increase the percentage paid to the City of Miami to provide an equivalent percentage return to the City. M.M.I. and Sanchez agree to furnish to the City within sixty days from the effective date of any such franchise agreement, a copy of such franchise agreement", which means that Mr. Sanchez cannot negotiate an agreement more favorable within a three hundred mile radius than he is giving the City of Miami. Mayor Ferre: I want to do this, so I can document it for the record. That is, the interpretation of that is, it is clearly understood that it is our interpreta- tion. Mr. Gary: That is correct. Mayor Ferre: In other words, if we feel that another contract that he has signed is more favorable than what we have, at our choice we can ask Mr. Sanchez to give us the same contract, is that correct? Mr. Gary: That is correct, sir. Mr. Carollo: If I may, Mr. Mayor, since you clarified one of the areas that I intended to clarify, I would hope that any member of this Commission can be given the priority to thoroughly go sentence by sentence the type of contract that we are eventually going to sign and that the opportunity will be given for a full Commission to be here before we give the Manager the final okay to go ahead and sign the contract. There has been so many differences of opinions and so many potential for changes that have been happening, that I would certainly like for us to study this extremely carefully and have a full Commission here before we give the Manager the final okay to sign it. 10 JUL 81983 ld Mayor Ferre: Now specifically, what does that mean, Joe? Mr. Carollo: Specifically what does it mean? It means that this Commissioner wants to study every bit of information that is in that contract. Mayor Ferre: Are you saying you don't want to vote on it today? Mr. Carollo: That is exactly it, and I want Commissioner Perez to also be here and have a full five member Commission before we give the Manager the final go to sign this contract. Mayor Ferre: All right, now the rules of this Commission, which we have always lived by is that any member of the Commission on a non advertised item, can do that at his will. Now, we can over -ride that, but, that I can remember, I do not remember of any time that we have over -ridden a call on a five day rule, so I don't think there is anything, unless somebody wants to make a motion to over -ride this and there isn't any reason to do it at this point. In other words, this matter will then come up... Mr. Plummer: Well, okay, let me have one understanding, okay?...because I am somewhat in the middle because you all have appointed me as liaison between the Commission and the Grand Prix. Mr. Mayor, the only action of the Commission at the last meeting has been complied with, and that is, that Mr. Sanchez would come here and explain that which appeared. He has done such. And at this particular time, the Manager would in fact, be free to sign that contract, be- cause he has complied. Now, all I want to make sure is, is that if this matter is not today, without question, it will be Item Nuamber 1 on the 18th. I am ready to offer the motion now, but as courtesy to my colleague, who wants to go over the contract...I think, you know, we have got to get on with it, and if not - Joe, would you accept a motion that this be approved subject to seventy-two hours, you having the right to go over it. If you raise an objection... Mr. Carollo: No, I would not, J. L. Now look, it is more than clear where you stand on this. You know, you'll jump into a pool that wouldn't have any water to vote for this, I realize that. But, I want to be able to go over every sentence and make sure that there is no more hidden agendas anywhere, and that I am not reading something different in newspaper that was said - the State or the Commission or something different happened in the State at the last second, when we are told that Mr. Sanchez' people are going to lobby one way, and then the lobbying goes another way. Now, all that I want to do is make sure that the interest of the citizens of the City of Miami are protected 100%, not 99.9$, but 100%. Mayor Ferre: This item will be the first item on the adenda ten days from now on the 18th of July. Ralph, I just wanted to tell you, and I think it is maybe best on the record, since I did talk to the Governor, and I talked to the Governor complaining - I tried to stop him from vetoing the $500,000 appropriation for the bleachers. His statement to me was - and he asked me "Are you concerned that it was changed from the City of Miami to Metro -Dade County", which Representative Barry Kutun did, at the request, as I understand it, of Dusty Nelson. I told him that I was not thrilled by the idea that it was going from Miami to Metro, because it added to this argument of Metro -Miami, but that I thought that it was an important benefit to the community, and I would just hope on the good faith of Metropolitan Dade County that they would let us use the bleachers for such other events as the Orange Bowl Parade and so forth. Mr. Ralph Sanchez: I think that was the intent all along. Mayor Ferre: Well, but of course that is not in your hands. That is in the hands of Metro. The Governor, when I talked to him the following day, said that he vetoed the matter for two reasons, one, because it was his clear under- standing that there would be a pay -back provision, which had not been inserted into it. In other words, Metropolitan Dade County would,*from the benefits profits, would eventually repay the $500,000, and secondly, he said that there had been an insertion 'in there to include barriers. Now, I have not been able to get that clarified, because... Mr. Sanchez: I might be able to clarify that for you. 11 JUL 81983 ld 4 # Mayor Ferre: That is why I am asking. Dick Burroughs, when I talked to him, an aide to the Governor, said that the barriers were included, and that was one of the reasons why the veto went forward. Now, was it, or wasn't it? Mr. Sanchez: Originally, and you know, as far as I was concerned, it was bleachers 100% of the time. Mayor Ferre: Bleachers in the City of Miami? Mr. Sanchez: Bleachers - City of Miami, but then... Mayor Ferre: Bleachers - City of Miami, was subsequently changed to bleachers Metropolitan Dade County. Mr. Sanchez: Bleachers, City of Miami, or bleachers, Dade County. Mayer Ferre: All right, well it didn't say, either/or. It said Metropolitan Dade County. Mr. Sanchez: Or Dade County, but then towards the last few days of the legis- lative meeting up there, Fort Lauderdale started lobbying and I understand that Jim Scott - I think he is a senator - he started lobbying and said "Hey, if you are going to give this money to Dade County, why not put a provision that they also include the barriers, so they buy back the barriers and Fort Lauderdale can use the barriers and the bleachers, or whatever benefit they get in our race in Fort Lauderdale", which they are lobbying very strongly to get up there. Mr. Plummer: To do us out! Mr. Sanchez: That is right. That is basically where it stands. Mayor Ferre: So it was Scott that inserted the bleachers portion of it. Mr. Sanchez: That's right. Mayor Ferre: Okay, but that was the basis why the Governor vetoed it, I mean one of the reasons, so we need to get that clarified. The reason, I think, that I am saying this, we are meeting again on the 18th, however, next Tuesday, the 12th, the Legislature meets. Now, the Governor committed to me that once he got his way on the educational package, that he would he expand the call to other items. It is important that we get the expansion to include this, be- cause that is obviously going to be helpful. Mr. Sanchez: That's right. We have to solidify our effort and try to see how we can ... and I hate to say this...you know, cut out Fort Lauderdale, because I think that the insertion of Fort Lauderdale at the last minute and also the barriers for their use, is what jeopardized the entire bill. Mayor Ferre: Well, we have a problem that we need to work on. Mr. Plummer: I spoke to a senator very close to home this morning, and he will give me a report over the weekend. Mayor Ferre: I think, the point, Mr. Manager is that you need to officially instruct (unless some of you feel differently) Rick Sisser that he dedicate time and effort, offically, on behalf of the City of Miami to try and get this problem worked out, so that we can move ahead on this. Any other questions? Mr. Plummer: One last thing. Mr. Sanchez, I realize that the two other races are being proposed in Dade County. Mr. Sanchez: Yes. Mr. Plummer: And I don't think this Commission can afford to be parochial Commission. I would like, and appreciate that anything this Commission can do to help land those races in this community.... Mr. Sanchez: Yes. Mr. Plummer:.... that you let us know, so that we can try to assist you in bringing them here. 12 1d JUL 81983 4 Mr. Sanchez: Thank you, Commissioner. Mr. Plummer: Everytime I go to Daytona Beach, and go to that private track up there, and realize that that track brings in new revenue to the City of Daytona Beach every year in the amount of $760,000,000, I think speaks highly of what we need to do to try to get some of that gold back here. Mayor Ferre: All right, sir. thank you. We will see you on the 18th. Mr. Sanchez: Thank you, Mr. Mayor. 5. hMERGENCY ORDIMANCE: EXPAND BOUNDARIES OF THE DOW;;TOVM� DEVLLOPMENT AUTEORITY TO INCLUDE DRICI:ELL AVEITIJE. Mayor Ferre: We are now on Item Number one, which is the amending of Section 14-17, the Code of the City of Miami, as amedned, to expand the boundaries of the Downtown Development District. Now, Mr. Manager. Mr. Roy Kenzie: For the record my name is Roy Kenzie, Executive Director of the Downtown Development Authority. Members of the Commission, the Downtown Development Authority Board in February passed a resolution to expand the Downtown Development authority boundaries down in the Brickell area. It came to the City Commission for a resolution of intent in February, and then for first reading in February and for second reading in March. It was continued twice in March and then at the end of the second continuance, we realized that there was an error in the ad in the newspaper and to avoid any legal challenges to the procedures, we readvertized and scheduled this emergency meeting today to hear this matter on first and second reading be- fore the Commission to expand the boundaries of the Downtown Development Authority into the Brickell Avenue area. We have gone through the issue with the Commission before, and discussed it with you at the last two public hear- ings. I think there are some people in the audience to testify on behalf of the expansion effort. Mayor Ferre: Okay, who are they? Is there anybody here who wishes to testify? All right, Mr. Bush. Mr. Jeff Bush: My name is Jeff Bush. I have my offices at 1 S. E. 15th Road in the Brickell area and I hear representing the Brickell Area Association, and on May 26th, the Association, at the general meeting passed by more than a three to one vote its support - showed its support for the resolution in front of you, and I would like to commend Roy Kenzie for his lack of stubborn- ness in negotiating what the landowners of the Brickell area through the Association think is a very fair deal. Thank you. Mr. Albert Quintell: My name is Albert Quintell, 1401 Brickell Avenue. I am here representing Helmsley Center, Inc., which owns the five acres on the bay front, south of Bayshore Drive between 12th Street and 14th Street, and we are very much in favor of this expansion. We think the tax dollars will pay for it, are far offset by the services that the D.D.A. will extend to us and other developers. Mayor Ferre: Mr. Bush, I would like to ask you. I just want to get this into the record. As I understand, this matter has come up several times. At the last meeting, which is several weeks ago, the vote was twenty-six in favor, and three against, or what was it? ... or four against? Mr. Bush: I think it was thirty-two to eight. It was over three to one. Mayor Ferre: Thirty-two in favor, eight opposed. All right, yes, sir? Mr. Mark Burroughs: Mark Burroughs, Cheezem Development Corporation. As the Commission may know, we have been substantially involved in the Development of the Brickell area for over twelve years. We are one of the developers of Brickell Key on Claughton Island. We are very much in favor of the D.D.A. annexing the Brickell Avenue Association and we hope the Commission will approve it. 13 JUL 81983 ld Mayor Ferre: Anybody else wish to speak on this item? Does anybody else from the Public want to be heard on this? All right, questions from the members of the Commission? Mr. Plummer: Mr. Mayor, as I have stated in the past, I will state again that if everyone that was affected in their of their tax dollars were in favor of such, I think it is good. I would only caution the D.D.A., if in fact, this does pass, sometimes they become somewhat dictatorial in thinking they over- ride this Commission in what is going to happen and how it is going to happen, and I have criticized in the past, and until things change, I will in the future, that things are done before this Commission is aware, and I think better communications are needed so that this Commission can work together with the D.D.A., rather than being handed something and saying, well here, you have got no other alternatives, because of time. But, if the people affected want this, they are in favor of this, then I think it behooves this Commission to do what the people want, and if such, I am ready to move the item. Mayor Ferre: All right, we have a motion on the floor. Is there a second? Mr. Carollo: Second on the motion. Mayor Ferre: Under discussion, and for the record, Commissioner Demetrio Perez is out of the City, but in the State, and his office said it wo'ild be a hardship for him to come, but that if it was essential he would. I actually did not know what to tell him, but I didn't think that it was that much of an emergency, because if it does not pass on a four -fifth vote, which is necessary today, and I would hope ... I think the problem is that we jeopardize the monies for this coming year. Is that correct? But, we would be able to vote on it on first reading, and then the 18th would be the second reading? Mr. Kenzie: That is correct, Mr. Mayor. Mr. Gary: Pass it as emergency. Mayor Ferre: Is this a second reading? Mr. Kenzie: This is a first and second reading. We had to readvertise because of the way the ads were put in the newspapers, so this is a first and second reading. Mr. Plummer: Substantial change. Mayor Ferre: See, what happened is, there was a mistake in the advertising, or we wouldn't have this problem, and therefore technically and legally, we needed to do it this way, so it requires a four -fifth vote. And if we don't get a four - fifth vote, then if it passes on three votes, then at that point, even though the funding might be in jeopardy, we will have to take that chance! Is that right? Mr. Kenzie: Yes, that is right. Mr. Plummer: But, if you get a two -two vote, it is dead. Mayor Ferre: It is dead, that is right. If it is a two -two vote, it is absolute- ly dead. Mr. Dawkins: Run that by me again, Mr. City -Attorney. I don't follow what we are saying. You need a four -fifth vote, right? Mr. Plummer: Today. Mr. Garcia -Pedrosa: For an emergency, yes, sir. Mr. Dawkins: If you don't get a four -fifth vote, what? Mr. Garcia -Pedrosa: Then I believe the Mayor has expressed the intention to have me re -read the ordinance as a non -emergency ordinance and have a vote on first...... 14 JUL 81983 Id '` i Mr. Dawkins: Well, okay, then you lose me! Either it is an emergency, or it isn't an emergency. Now, if it is not an emergency and you can bring it back as a non -emergency item, what are we doing? Mayor Ferre: Mr. Manager - it is a question of jeopardy. Mr. Gary: I think ... I've got to say it - I don't think you can do it on July 18th, because you have got thirty days afterward, and at thirty days after July 18th, makes it impossible for it to be inacted legally, for Dade County for tax rolls. Mr. Kenzie: Yes, there is no way that we can meet the tax rolls of Dade County if we don't do it today. Mayor Ferre: That is why we are meeting! Commissioner Dawkins is right, but I mean, you know - an absence of getting a four -fifth vote, you take what is next! Mr. Plummer: Well, I've got a good alternative. Let's all go to Mickey Mouse, and we will hold the meeting up there. Mayor Ferre: All right, let's get this over with one way or the other. Further discussion? Are you ready to vote? Read the ordinance. AN ORDINANCE ENTITLED: AN EMERGENCY ORDINANCE AMENDING SECTION 14-17 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO EXPAND THE BOUNDARIES OF THE DOWNTOWN DEVELOPMENT DISTRICT TO INCLUDE THE AREA (COMMON- LY REFERRED TO AS THE BRICKELL AREA) BOUNDED GENERALLY BY THE MIAMI RIVER, BISCAYNE BAY, SOUTHEAST AND SOUTHWEST 15TH ROAD AND THE METRORAIL GUIDEWAY, INCLUDING CLAUGHTON ISLAND, ALSO KNOWN AS BURLINGAME ISLAND; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer, and seconded by Commissioner Carollo for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissior::r Miller J. Dawkins Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Demetrio Perez, Jr. Whereupon the Commission on motion of Commissioner Plununer, and seconded by Commissioner Carollo, adopted said Ordinance by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Demetrio Perez, Jr. SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9650. The City Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the City Commission and to the public. ON ROLL CALL: Mr. Dawkins: I am not in favor of this and I don't see why the Downtown Develop- ment Authority needs to expand north where it is doing, when I walk downtown and I see Flagler, N. W. 1st, N. W. 2nd Street undeveloped, and if the Downtown Development is about the business of developing downtown, then downtown should be ld JUL 81983 1b I developed. And then to tell me that you are going to move north on Brickell Avenue and develop Brickell Avenue and we still have merchants being recruited by our good friend, Raul Martinez from the downtown area because we are not providing "services" that they need. I spoke with individuals who are against this and I definitely don't care anything about the D.D.A., but I shouldn't let my personal preferences cause me not to vote, because the D.D.A. is not responsive to the ethnic makeup of this community. I've told Mr. Kenzie from the first day that I met him that there should be some Latins and some Blacks making $40,000. He doens't have them, but yet, you come before me, and now I must go along with you, when you have had two years to go along with me! And I am also against it because we do not have any control over the D.D.A.! You people have told me that this Commission cannot tell you what to do and what not to do, but yet you need my vote now! Because J. L. would probably have to have a stroke if I didn't, and since I usually vote the way J. L. votes, I will vote "yes". Mr. Carollo: Technically, the Brickell area is not part of downtown, but in reality, it really is! You can't separate the Brickell business area away from downtown Miami. It goes hand in hand, and keeping that in mind, together with the fact that not only do I think that the D.D.A. has done an excellent job in planning, in guiding downtown Miami now and looking for its future, I think what speaks for itself is the majority (and I will say the vast majority) of the owners, the movers and shakers in the Brickell area are in favor of this, so if the people that are going to be affected directly are in favor of this expansion, who am I to say no to it? So, I have to vote "yes", and not because J. L. was voting "yes"; on the contrary ... but I vote "yes". Mayor Ferre: I thank you, because I do think this is an important step. I do also feel, Roy Kenzie, that the statements —you and I have had this conver- sation in private, I know it is a touchy subject, but I think I have to tell you, now that the vote is over, that I subscribe to what Miller Dawkins said, and I also subscribe to what J. L. said and I really think, without getting into an argument about whether or not you are stubborn or not, I really think that it is important that now that you are going to have some more money, okay? ... that you heed the statements that were made here today. Mr. Kenzie: I agree 100%. We have had a hiring freeze for the last year and one-half, and we are now in a position to be able to hire additional people and we will take that into very strong consideration when we do that. Mr. Plummer: Go away and sin no more! L_ ld 16 J U L 81983 6. AUTHORIZE CITY MANAGER TO ALLOCATE FUNDS FOR CERTAIN CITY OFFICIALS TO ATTEND U.S. BLACK ETF.NIC FESTIVAL IN DETROIT, MICHIGAN AND COMMISSIONER PLUMMER TO ATTEND SISTER CITY INTERNATIONAL IN PHOENIX, ARIZONA. Mayor Ferre: I'd like to make a motion approving funds, Mr. Manager, for J. L. Plummer, yourself, Miller Dawkins and George Knox to travel at the end of the month to Detroit for the purposes of seeing the largest black ethnic festival in the United States and beyond that for J. L. Plummer to go to Phoenix, Arizona to the Sister City International, and I so move. Mr. Dawkins: Second. Mr. Gary: Under discussion, can we send Mr. Campille with Mr. Plummer to Phoenix? Mr. Dawkins: To Phoenix? By all means, yes. Mr. Plummer: Yes, surely, as long as Gary doesn't mind being City Manager somewhere else. The following motion was introduced by Mayor Maurice Ferre, who moved its adoption: MOTION NO. 83-554 A MOTION OF THE CITY COMMISSION APPROVING THE NECESSARY FUNDS IN ORDER THAT VICE MAYOR J. L. PLUMMER, JR., COMMISSIONER MILLER DAWKINS, THE CITY MANAGER AND MR. GEORGE KNOX MAY TRAVEL AT THE END OF THIS MONTH TO DETROIT TO ATTEND AND PARTICIPATE IN THE LARGEST BLACK ETHNIC FESTIVAL IN THE UNITED STATES; FURTHER DIRECTING THE CITY MANAGER TO AUTHORIZE WHATEVER FUNDS MAY BE NECESSARY IN ORDER THAT VICE MAYOR J. L. PLUMMER, JR. MAY ATTEND THE "SISTER CITY INTERNATIONAL CONFERENCE" WHICH IS TO BE HELD IN PHOENIX, ARIZONA. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio Perez. 17 rt JUL 81983 It .0 7. AUTHORIZE CITY MANAGER TO ALLOCATE FUNDS FOR CERTAIN CITY OFFICIALS TO TRAVEL TO SAN SALVADOR, EL SALVADOR. Mayor Ferre: All right, would one of you make a motion, I'm going to E1 Salvador and is Carollo going or not? Carollo is going and Frank Diaz-Pou, we need a motion for the payment of that trip also. Mr. Dawkins: So move, and if Joe wants to go we include him in it. Mr. Plummer: But it is a one way ticket. I second it. Well, somebody has got to be a bodyguard for Ferre. Mayor Ferre: I want you to know that God willing, I'll be back tomorrow afternoon. Mr. Plummer: No, God willing, it will be different. Mayor Ferre: Oh, hey, don't joke about that, I'm very nervous. I want you to know this is not a pleasure trip. Call the roll. Mr. Plummer: And it is absolutely understood that under no circumstances will this Commission pay any ransom. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 83-555 A MOTION OF THE CITY COMMISSION DIRECTING THE CITY MANAGER TO AUTHORIZE WHATEVER FUNDS MAY BE NECESSARY IN ORDER THAT MAYOR FERRE, COMMISSIONER JOE CAROLLO AND MR. FRANK DIAZ POU MAY GO TO SAN SALVADOR, EL SALVADOR. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio Perez. rt im JUL 81983 1 9 8. DISCUSSION ITEM: PROPOSED ORDINANCE AMENDING SUBSECTION 46-52 "ELIGIBILITY OF POLICEMEN AND FIREMEN FOR PROMOTIONAL EXAMINATIONS". Mayor Ferre: All right, could we go on to Item 2, Mr. Plummer, your statement? Mr. Plummer: Mr. Mayor, I think that we're going to have a lot of discussion on this item, I know that the Firefighter's Union has some words that they would like to put, maybe it is best that we put it off until the 18th, since you have to catch the plane. Mayor Ferre: I'll stay here for another 10 minutes. Mr. Plummer: All right, I move that Item 2 be moved to the 18th. Mr. Garcia -Pedrosa: It is an emergency ordinance. Mr. Gary: Well, we've got a problem. Mayor Ferre: Tell us what the problem is, Mr. Manager. Mr. Plummer: You've got a bigger problem. Mr. Gary: We've got an emergency ordinance and we've got the same problem that Roy Kenzie had because the exam is August 2nd and people need to get prepared to take the exam if the City Commission desires to accept the recom- mendations. Mayor Ferre: Speak to the issue, Mr. Manager. Mr. Gary: I'd like the Fire Chief to explain what we have proposed and then Mr. Kruase. Chief Herman Brice: Mr. Mayor and Commissioners, we have been working with the Manager over the better part of the last seven or eight months regarding the Affirmative Action Plans and Policies for the Fire Department. One of the things that we have been discussing is the program to make more minorit- ies eligible for upward mobility. This is not a solution to all of our pro- motional problems in terms of getting more minorities in supervisory positions but it is a step in the right direction and goes along with other things that we're planning to do and have done. What it does basically is allow 28 more minorities on the Fire Department to compete on the next Lieutenant's Exam and will be a total then of 83 minorities that will be eligible to take the test instead of 55. I'll be glad to answer questions, but that is the basic reason for it is to.... Mayor Ferre: Mr. Kruase, do we need anything from you? Mr. Bob Krause: Mr. Mayor and members of the Commission, I'm not sure that I have very much to add. The Commission considered this same principle about five years ago and lowered the time -in -grade from 5 years to 4 years. The Department has now had I think 4 years of experience with that, has found that it has not hampered their operations, the Chief has recommended a further reduction now from 4 years to 3 years time -in -grade with the provision that there be a training program. The first time this was done it was related to the requirements of the Consent Decree, that is still a significant require- ment because the Consent Decree says that the City should review and if ap- propriate, revise the time -in -grade requirements. Mr. Gary: Mr. Mayor, I think it is important that the City Commission has consistently gone on record for us to make improvements in terms of promotions in the administrative process or the administrations of the various departments. Historically we've had problems in accomplishing this in the Fire Department not because people have not been cooperative but because historically we have hired more Anglos than we have minorities over a long period of time and as a result of that, the upper echelons of the Fire Department needs to be improved in terms of Blacks and Latins being in those positions. You have instructed me and the administration to accomplish a goal of attempting to get more minor- ities in the upper echelons of the Police and Fire Departments. This attempts to do this. In addition, and you will see in your memo, we recognize the fact rt 19 JUL 91983 that we also have to provide some, not only in addition to the opportunity, but some training and you will find that we plan to have an Officer orienta- tion Course which will supplement the reduction in time from 4 years down to 3 and I recommend and urge the City Commission approve the proposal. Mayor Ferre: All right, further discussion? Mr. Don Teems: Yes, sir. Mr. Mayor and Commission, Don Teems, President of the Miami Association of Fire Fighters. In 1978, Mr. Mayor, we, I, the Union signed the Consent Decree. We don't have any problems with the Consent Decree itself at all. Where we did have a problem was with some of the admin- istration's interpretations of the Consent Decree. So when we signed that Consent Decree, then City Attorney George Knox was the spokesman for the City as it dealt with the Consent Decree. We signed the Consent Decree, we also signed an agreement with George Knox, Mr. Krause and Mr. Mielke and I as to how we were going to resolve any disputes over interpretation of the Consent Decree and that basically said that if they want to change a term or condit- ion of employment that deals with the Consent Decree in their opinion that we will sit down and try to do that, and if we disagree with it then we will take it to the federal court and let the judge decide whether that needs to be done in order to implement the Consent Decree or not. In fact, that's exactly what we did in the time alluded to by Mr. Krause and we changed from 5 years to 4 years. It used to be that you had to have 5 years time -in - grade as a Firefighter to be eligible to take a Lieutenant's Exam. The City came to us, we sat down and we talked about it and we came to an agreement with a memo and I think you've got that memo in your package that says that we agree, let's move it from 5 years to 4 years. We did not have any dis- cussions over 4 years to 3 years, we haven't done anything, as far as I'm concerned, that deals with this agreement. We do not agree with the 4 years to 3 years not from the philosophical standpoint do we want to have open mobility of minorities, from an experience standpoint you can't give a fire- fighter a truck, and you know the size of it, you understand the responsibil- ities of life/safety factor, and put him in charge of that crew and those citizens with three years experience in our opinion. Mr. Carollo: Don, in other words, excuse me for interrupting you, the bot- tom line of what you're saying is that you have agreed to go down from 5 years to 4 years but you're not in favor of bringing it down an additional year to 3 years. Mr. Teems: Yes, sir, in my opinion you might as well bring it to 1 if you're talking about giving somebody schooling. You can give anybody school, you can't give them the experience. Mr. Carollo: This goes back to the same philosophy, and even though as far as the Fire Department in my experience and expertise there is a lot more limited, it is the same thing in police work. It is almost impossible to promote a police officer to sergeant unless that cop is on the beat for a minimum of really 3 years and most departments have had that much time, they usually take even more than that. Now fire fighting to a certain extent has areas that are even more complicated that a police supervisor would have to deal with and we're talking sergeants, so a lieutenant, you really need a guy a sergeant for at least a couple of years minimum before he could become a lieutenant. And I guess that what I'm trying to say is that I have shown this in vote after after vote and position after position that I've taken that yes, I think we should have more of a balanced struct- ure at the administrative level to represent all segments of this commun- ity but if what we're trying to say now is that just for the sake of promot- ing people and having a balance we're going to be putting the lives or properties of residents of this community into jeopardy I can't go along with that and I think that some of the main people that won't go along with that are some of the officers themselves that are going to be affected and particularly the minority officers. Mr. Plummer: Well, let me add that what we have an experience in, and I think no one disagrees with, one of the greatest problems that we have in our Police Department today is that 62% of our policemen have less than 2 years experience. Okay? And I'm just saying to you that it is fine but I think that there is only one way to get experience and that is to be there. And I don't think that 4 years is unreasonable in any way, shape or form. There is no in between between between Firefighter and Lieutenant, it is Firefighter, Lieutenant. And I cannot give up that which makes our Fire Department the finest in the world, and there is a reason for that and I think that needs to be kept. I think it is sacred, I don't think there is any minority in this community who would argue that we don't have rt 20 JUL 8'OR the finest and there are reasons for it and I think that one of the reasons is tat we have good seasoned people who have got experience the only way they can get it. Mr. Teems: Commissioner Plummer, let me say one more thing. First off, our Collective Bargaining Agreement in about three different places says that you're supposed to sit down and negotiate that with us. Now, the Fire Fighters look at this collective bargaining agreement as an agreement between the Fire Fighters and the City of Miami Commission, not the City of Miami Administration, the City of Miami Commission approves this contract, not the Administration, so we look at it that way. Now, let me give you an example of something that we have attempted to proffer to the City as an alleviation to the problem. One is to classify the Driver/Engineer Position which, yo know, he can take that after a year. Mr. Dawkins: Forget that, because I wouldn't even vote for that so go ahead to something else. Mayor Ferre: Look, Don, let's hear from the Chief and let's wind it up because I've got to go catch a plane and those of you who want to stay and talk about other things, that's fine. Chief Herman Brice: Mr. Mayor and Commissioners, first of all, I would not recommend anything that I thought would jeopardize the grading of our Department. This is the first line supervisory position, we surveyed other cities, Jacksonville, Tampa, Philadelphia and Atlanta all have three year provisions and I'm confident that the kind of training that we can do can make up for that one year experience in terms of providing the type of leadership we need both on the fire ground and the stations in terms of the management of those. We discussed this with the Union, we did not agree but we did discuss it, they knew we were presenting this, they appeared before the Civil Service Board with the same recommendation. I am confident. Mayor Ferre: One basic simple gut question. In your opinion does lowering the experience factor from 4 years to 3 years jeopardize the safety, property and life for the City of Miami? Chief Brice: No. Mayor Ferre: And you think that a person who has three years experience is sufficiently qualified to move up the ranks. Chief Brice: With the proper training that we can give them which already augments the basic training which is far better than it used to be. Mayor Ferre: Do you feel strongly about this? Chief Brice: Yes. Mayor Ferre: And you're supported by the people in your Department? Chief Brice: Yes, by the administration who have made the recommendation. This was one plan that our administration came up with. Mr. Teems: But no other Fire Departments in South Florida, Mr. Mayor. Mayor Ferre: That may be, Don, but there are a lot of times that we have done a lot of things that nobody else anywhere else in the nation have done and we've broken ground. Mr. Teems: I agree, but we've got a Class One Fire Department. Mr. Plummer: When is..... Mayor Ferre: Hey, you don't have a problem because this is going to be a two to two vote so this is a dead issue. Now, I just want to bring it to a head one way or the other. Mr. Plummer: Question, when is the test scheduled for? Chief Brice: August 3rd. Mr. Plummer: And how in God's name could you give the training to those who you are proposing within a 30 day period? rt 21 JUL 81983 Chief Brice: We've been working on the plan already, we propose, if it passes now, to give them a short version and for those that pass it we'll go back and pick up the entire course. Mr. Plummer: I'll tell you what, you put the plan in and I'll talk about it at a later time, if you can prove to me that plan has, in fact, proven. But at this time I don't see how you can even consider putting a plan in, I'm sorry, I'm not sorry. Mayor Ferre: The matter rests like this: We've put this thing off now three times, this is the third time this matter has come up before, this is the fourth time. We have been putting it off and putting it off, now it is almost too late, there is no way we can pass this on an emergency, even if you could get three votes you still wouldn't do it because it would be tested in court and you'd lose. The fact is that time has run out and it is a dead issue. Now, my vote is based (1) on the premise that the administration states emphatically on the record that life and limb is not in jeopardy and (2) because it answers the necessity that we have as a city for upward mobility of minorities into the higher ranks of officialdom in the Fire Department, and I just put that on the record, if somebody wants to bring this to a vote I'll be happy to take a motion one way or the other. Mr. Dawkins: I move that we follow the recommendation of the administra- tion and let's go to court for the simple reason, and Don, I don't say this in any malice, but I say it to you in honesty that the same way you're fighting this, had you got behind it, your union at the beginning, we would have had a solution to this by now. Mayor Ferre: Second the motion. Mr. Plummer: Motion made and seconded, Further discussion? Mr. Carollo. Mr. Carollo: I'd like to that I guess the easy route for me to take would be to say, "Well, the administration is in favor of it, the Fire Chief said he likes the idea", would be to go ahead and jump on the band wagon and go along with it, with the election some months away, give my opponents the opportunity to say that I'm anti -Cuban, I'm anti -Black, some other nice wild rumors, maybe the egghead that was on radio last night would then besides attacking me for having voted for Mr. Gary as Manager could expand on that some more. But I think the bottom line is this: That this is not intended to be in any way shape or form an insult to the Chief or the administration, but, you know, the guys are out there day to day and they really have to put their necks on the line, are the rank and file firemen and I personally think that they are better in touch with what the needs of the department are and with what is needed to be placed in order so that a fireman can be promoted. Mayor Ferre: Joe, you and I need to go catch an airplane so would you record my vote as being yes, please. Mr. Carollo: We already compromised from 5 years to 4 years, now we're talk- ing to 3 years, where are we going to bring it at? We're going to be recruit- ing before you know it people off the street and make them lieutenant or cap- tain or maybe go to what some other people in some other departments have done and promote a private and make them a general overnight. You know, I'm not in favor of that and I will be voting no. Mr. Plummer: Further discussion? Mr. Dawkins: Further discussion, I don't think that, Don, I don't think that it is anything racial about this at all, I know you too well. Okay? So I want that in the records. Okay? And I also know that this is a problem that has been with us, it didn't happen yesterday and I also know that we have to work collectively together to erase it. So I want everybody to know that I do not feel there is anything racist about it. Mr. Teems: No, sir, I can assure you that that is not the case. Mr. Plummer: Further discussion? Hearing none, call the roll. rt 22 JUL 8 1Q%#8^3 s 1 The foregoing motion, introduced by Commissioner Carollo and seconded by Mayor Ferre failed to pass by the following vote. AYES: Commissioenr Miller J. Dawkins Mayor Maurice A. Ferre NOES: Commissioenr Joe Carollo Vice Mayor J.L.Plummer,Jr. ABSENT: Commissioner Demetrio Perez. 9. DISCUSSION ITEM: FUNDING OF EDISON-3UZNA VISTA ECONOMIC DEVELOPMENT PROGRAM. Mr. Plummer: Agenda Item 5. Octavio, did you give a copy of this to Mr. Carollo? Mr. Octavio Blanco: Yes, sir. Mr. Gary: Mr. Vice -Mayor, I would like for Ms. Gallogly and my staff to discuss this item. Mr. Plummer: Ms. Gallogly of staff. Ms. Gallogly: At your request we met with Board of Director members of both corporations, plus the Edison Buena Vista Local Development Corporation and the Florida Economic Development Corporation. We met with them to understand basically the type of programs that they wanted to administer in the Edison Buena Vista area. We also met with City staff to talk about the importance of that district as a major commercial area and to determine what services it would need, and who could best provide those services. It is basically the staff's recommendation that this is not a major commercial district. That parts of it are already being served by the Miami Design Merchant's Association by the Haitian Task Force and by the Economic Development Committee of the Design District. We also feel that both corporations do not have the required background and track record in the economic development arena, and third, it is our feeling that we have a very effective community based organization - the Little River Chamber of Commerce, which district boundaries overlap in the Edison Buena Vista area and it is our belief that within the resources that we have available, that are under contract now in the City, and with our City staff, that we could effectively assure that the economic development issues can be met. Mr. Plummer: All right, further discussion? Sir, for the record, your name and address, please. Mr. Woodard Vaught: Woodard Vaught, 5221 N. W. 5th Avenue. Mr. Plummer: And who you represent? Mr. Vaught: I am the president of the Edison -Buena Vista Development Corporation. Mr. Plummer: Proceed, sir. Mr. Vaught: Okay, this is our third time back before the Commission. First, May; then in June; and you deferred us to come back today. Okay, basically, I just got a report. I checked with the Manager this morning. He gave me a report, which was very bad, because I should have gotten it a year ago, bit I did not. To state some things in here about some girls in a former organization, which we had no control of, but as of May 25, 1982, we went and met with one of the City staff members, Mike Menendez, and which he outlined the amount of money and some additional money from the former organization. As president, I did the research and those were in order in the report. I answered them, submitted it in writing. From that day, June 26, 1982, to today, I never had the courtesy of receiving a reply stating whether that letter answering the audit report, was acceptable or unacceptable. It is crying shame and a disgrace to the City of Miami and to me for this to have occurred over one year and a month - almost a year and two months. Mr. Plummer: What do recommend we do? Mr. Vaught: Fund us, that is what. Mr. Plummer: Well, that is the simple solution. Now... Mr. Carollo: If I may... Mr. Vaught: Some additional information. You say you gave money to the Haitian Task Force. You said about Edison, North Little River, north of 79th Street. You say the Design Plaza. Think how long has this Little River been in operation? What has that organization done south of 79th Street? What has the Design Plaza Q 24 1 Id mow. 3 done north of where they are, just about 36th Street? And that was the Task Force, and I think that will help to answer your question about what was just said. Mr. Plummer: Commissioner Carollo. Mr. Carollo: Mr. Vice -Mayor, thank you, sir. I think we can cut through a lot of red tape here. I think we are all aware of what the situation is in that area, what these people are requesting here today. I am ready to bring it to a vote, and I would like to make a motion that we approve the requested funding. Mr. Plummer: There is a motion to approve. Is there a second? Will somebody wake up Commissioner Dawkins? Is there a second? Commissioner Dawkins? You have the gavel. I second the motion. tinder discussion. Mr. Gary: First of all, it would be nice for us to fund fifty organizations in every area. I think we could justify fifty organizations in every area if we put our mind to it. Secondly, I think it is important to note that we have consciously decided, this City Commission, to fund more organizations in this area than we have done in any other area. As far as I am concerned, the core of the area is not the area mentioned; the core of that area, in particular, is the 79th Street area, the Martin Luther King area, which you funded, and the areas we have funded in other areas. I think that the bottom line in this is is that this particular organization, with the same name, has not performed adequately in the past. There are some questioned costs. There are some questioned irregularities. To fund this organization, in my estimation, would be to condone this type of operation. Now, I understand that it may have been the Executive Director that they had in the past, but I inform you that the responsibilities of any Board of Directors is to be responsible for the actions of the Executive Director. I would also like to say that in terms of corres- pondence, this particular organization has submitted, or has delegated a Mr. Tanny Dean, who has been to me on a number of occasions and he has been explained why we are not funding and why we are not recommending it. I think it is impor- tant also to note that to give them money, in my estimation, will be not in the best interests of the City. I would also like to say too, even the Economic Development Corporation has done some good, the bottom line is, if the truth be spoken, that they have not really complied with what the intent of this City Commission has been when they funded these organizations. Mr. Plummer: I want it fully understood, Mr. Chairman, that there is no one who can sit here and vote in favor, as I will do, without the full proviso and understanding that the City Manager must immediately come back to this Commis- sion and clear up any irregularities. That connotation has to be understood, that if there are, in fact, things that we are not being told, the Administra- tion might, or might not know about. If there is something that is incriminal in nature, then it behooves the Administration to come back before this Commis- sion and to fully say to us, here are the facts: a), b), c) & d). Mr. Carollo: J. L., that is something that's always been more than clear. Mr, Vaught: Let me... Mr. Carollo: Well, I want it on the record. Sir, I would suggest you quit while you are ahead. Mr. Dawkins: Further discussion? Call the roll. MOTION DEFEATED. On motion by Commissioner Carollo and seconded by Commissioner Plummer, the foregoing motion was defeated by the following vote: AYES: Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. NOES: Commissioner Miller J. Dawkins ABSENT: Commissioner Demetrio Perez, Jr. Mayor Maurice A. Ferre Mr. Plummer: The matter fails. It takes three affirmative votes. 25 JUL 81983 10. AUTHORIZE. CITY MANAGER TO PROVIDE NECESSARY FUNDS TO "ACTIOII COMMUNITY CEIIT R, 111C ." TO PERMIT CONTINUED LEVEL OF SERVICE TO TPE C011MUNITY. Mr. Plummer: There is one item that I asked to brought up, and that is the request of Action to keep their level of service.... Mr. Carollo: Second. Mr. Plummer: .... at this particular time. Mr. Dawkins: It has been moved and seconded. Mr. Plummer: Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION NO. 83-556 A MOTION OF THE CITY COMMISSION GRANTING A REQUEST FOR FUNDS MADE BY "ACTION COMMUNITY CENTER, INC." IN ORDER THAT THEY MAY CONTINUE TO PROVIDE THE SAME LEVEL OF SERVICE TO THE COMMUNITY THEY SERVE AS HERETOFORE PROVIDED. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. NOES: None ASSENT: Commissioner Demetrio Perez, Jr. Mayor Maurice A. Ferre ON ROLL CALL: Mr. Plummer: "Yes". Mr. Gary, this has been approved. ADJOURNMENT There being no further business to come before the City Commission, on motion duly made and seconded, the meeting was adjourned at 12:20 P.M. MAURICE A. FERRE Mayor ATTEST: RALPH G. ONGIE City Clerk MATTY HIRAI Assistant City Clerk O� 41) A U, i_ 81983 CI"�Y OF 11r� mi DOCUMENT MEETING DATE: July 8, 1983 INDEX EVAL ITEM NOI DOCUMENT IDENTIFICATION I COMMISSION ' rnnr mm- 1 AUTHORIZING CITY MANAGER TO ENTER INTO AGREEMENT WITH METROPOLITAN DADE COUNTY, MIAMI BEACH AND HIALEAH TO PROVIDE FOR DISTRIBUTION OF A PORTION OF THE DADE COUNTY OPTIONAL GAS TAB{ TO BE DISTRIBUTED TO MUNICIPALITIES. I R-83-552 83-552 2 AUTHORIZING CITY MANAGER TO ENTER INTO AGREEMENTS TO ACCEPT "ENTRANT IMPACT AID PROGRAM" FUNDS; FURTHER, TO SIGN WITH SPECIFIED ORGANIZATIONS FOR PROFESSIONAL JOB TRAINING SERVICES FOR THE PARTICIPANT CITIES. I R-83-553 83-553