HomeMy WebLinkAboutCC 1983-04-06 MinutesCITY OF MIAhil
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Ly,� rr� -ice �• - r
OF MEETING HELD ON April 6, 1983
(REGULAR)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY H AL L
RALPH G.. ONGIE
CITY CLERK
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�l420`1
APRIL 6, 1983 SLL ECT (REGULAR)
INANCE
rsouiTioN No,
PALGE NO'
AUTHORIZE CITY MANAGER TO ALLOCATE $10,000.00 TO
BEGIN PRELIMINARY WORK FOR ACQUISITION OF STRESS
TRAINING SIMULATOR IN THE POLICE DEPARTMENT.
M-83-277
1-3
DIRECT CITY MANAGER TO TAKE NECESSARY STEPS TO GET
SUNCOM TELEPHONE SYSTEM FOR THE CITY OF MIAMI.
M-33-278
3
BRIEF DISCUSSION ITEM: RECENT CLOSING OF FOREIGN
EDGE BANKS IN THE CITY OF MIAMI.
DISCUSSION
4-5
EXPRESS SOLIDARITY WITH POPAYAN, COLOMBIA, AND ALL
OF THE CITIES IN COLOMBIA, PANAMA, AND COSTA RICA
BY RECENT EARTHQUAKES.
R-83-279
5
DIRECT CITY MANAGER TO 14AKE FIRE STATIONS AVAILABLE
AS COLLECTION POINTS FOR EMERGENCY_ SUPPLIES FOR
EARTHQUAKE VICTIMS.
M-83-280
6
MOTION OF CONDOLENCES TO THE FAMILY OF MR. FAUSTO
LAVILLA.
M-83-281
7
MOTION OF CONDOLENCES TO MR. BEBE REBOSO ON THE
OCCASION OF -THE DEATH OF HIS SISTER AND HIS BROTHER.
M-83-282
7
DISCUSSION ITEM OF POLICE OFFICERS'ALLEGED REMARK TO
A GROUP OF HISPANIC PERSONS ASSEMBLED AND ALSO
DISCUSSION OF D.G.I. INVOLVEMENT AND POSSIBLE
INFILTRATION IN THE POLICE DEPART:ENT.
DISCUSSION
8-9
DISCUSSION CONCERNING DRAFTING OF AFFORDABLE
HOUSING R.F.P.'s TO INSURE BLACK AND LATIN
PARTICIPATION.
DISCUSSION
9
DISCUSSION ITEM OF THE AMOUNT OF CITY COMMISSION
TIME SPENT ON NON -AGENDA ITEMS. I
DISCUSSION
9-10
GRANT PERMISSION TO ORGANIZE "HELP A CHILD WEEK"
FOR UNDERPRIVILEGED CHILDREN IN THE CITY.
M-83-283
10-12
DISCUSSION OF TOURISM AUTHORITY, ALSO INCLUDES
•DISCUSSION OF RENT OWNED BY MIAMI DOLPHINS, ETC.
DISCUSSION
12-17
DISCUSSION OF CONDITIONS OF JAPANESE GARDEN ON
WATSON ISLAND, REFERRED TO THE CITY MANAGER.-
DISCUSSION
17-18
DISCUSSION OF WORLD TRADE CENTER TOWER AND
PARKING GARAGE, URGE DADE SAVINGS TO APPLY SKIN ON
PARKING GARAGE AND CONTINUE WITH FINALIZING AGREEMENT
AND TIME FRAME FOR CONSTRUCTION OF THE TOWER.
M-83-284
19-25
M-83-285
DISCUSSION OF AFFIRMATIVE ACTION PROGRAM, DECLARE
POLICY THAT NEW HIRES OF THE EXECUTIVE ADMINISTRATIVE
LEVEL BE PURSUANT TO PERCENTAGES CONTAINED IN MOTION
83-286
M-83-286
26-50
PLAQUES, PROCLAMATIONS, AND SPECIAL ITEMS.
DISCUSSION
51
DISCUSSION AND FIRST READING ORDINANCE: CREATION
OF NEW DEPARTMENT TO BE KNOWN AS THE DEPARTMENT OF
HARBORNS AND RIVERS ADMINISTRATION.
FIRST READING
52-55
MOTION OF INTENT: APPROVE REQUEST OF $15,000.00
56-60
REPRESENTATIVES OF PRO ARTE GRATELI.
f
M-83-287
TO N01
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f
Ila
APRIL 6,1 1983 SmcT (REGULAR)
MOTION OF INTENT TO APPROVE A REQUEST BY INGRID
.GRAU FOR WYNWOOD ELDERLY CENTER HOT MEALS PROGRAM.
ANNUAL EVALUATION OF HOWARD GARY. CITY MANAGER, AND
GRANT 10% MERIT INCREASE.
AUTHORIZE CITY MANAGER TO CONDUCT SURVEY OF CITIES
THE SIZE OF MIAMI TO DETERMINE SALARIES PAID TO TOP
OFFICIALS AND DEPARTMENT DIRECTORS.
DISCUSSION AND TEMPORARY DEFERRAL OF URBAN
DEVELOPMENT ACTION GRANT FOR 55 UNITS OF SALE
HOUSING IN OVERTOWN COMMUNITY DEVELOPMENT AREA AND 6
UNITS IN COCONUT GROVE DEVELOPMENT AREA.
DISCUSSION ITEM: REQUEST FOR FUNDING FOR MONEY AND
EDUCATION FOR PEOPLE IN THE OVERTOWN AREA.
CONTINUED DISCUSSION AND PASSAGE OF RESOLUTION
AUTHORIZING MANAGER TO PROCEED WITH APPLICATION
FOR URBAN DEVELOPMENT ACTION GRANT FOR 55 UNITS
OF SALE HOUSING IN OVERTOWN COMMUNITY DEVELOPMENT
AREA AND 6 UNITS IN COCONUT GROVE DEVELOPMENT.
ORDERING RESOLUTION GRAND AVENUE SIDEWALK
IMPROVEMENT H-4483.
AUTHORIZE CITY MANAGER TO ALLOCATE AN AMOUNT NOT
TO EXCEED $10,000.00 IN CONNECTION WITH
SPONSORSHIP OF SECOND ANNUAL CITY OF MIAMI
YOUTH BASEBALL WORLD SERIES AT MIAMI STADIUM
SUBJECT TO CONDITIONS.
DIRECT CITY MANAGER TO IDENTIFY SOURCE OF FUNDING
IN CONNECTION WITH $50,000.00 REQUEST BY 20TH
STREET MERCHANTS ASSOCIATION.
DISCUSSION ITEM CONCERNING PROPOSED BUILDING BY
SENIOR CITIZENS OF DADE COUNTY
BRIEF DISCUSSION ITEM: MINORITY PROCUREMENT PROGRAM.
BRIEF DISCUSSION ITEM: OVERTOWN CULTURAL PROGRAM.
DISCUSSION ITEMS: PARKING OF VEHICLES ON WATSON
ISLAND, STAY ACTION CONCERNING REMOVAL OF
RECREATIONAL VEHICLE PRESENTLY LOCATED THERE.
CLOSE CERTAIN STREETS, ESTABLISH HOURS, ETC.,
CONCERNING FIFTH ANNUAL COCONUT.GROVE BED RACE
BENEFITING THE MUSCULAR DYSTROPHY ASSOCIATION.
THIRD AND FINAL READING: CABLE TELEVISION
ORDINANCE, PROVIDE FOR CONSTRUCTION, OPERATION, .
REGULATION AND CONTROL.
THIRD AND FINAL READING: GRANT NON-EXCLUSIVE
LICENSE TO MIAMI TELECOMMUNICATION INC. AND
AMERICABLE OF GREATER MIAMI LIMITED FOR CABLE T.V.
SERVICE IN THE CITY.
THIRD AND FINAL READING ORDINANCE: CABLE T.V.,
ADDING TO SUCH ORDINANCE CERTAIN PROVISIONS
OF RESOLUTION 82-1174
PAGE # 2
ORDINANCE O
SOUlTION N
PAM NO
M-83-238
1
60-63
R-83-289
64-71
M-83-290
71-73
DISCUSSION
74-75
DISCUSSION
76-77
R-83-291
R-83-292
M-83-293
M-83-294
78
79-81
81-85
85-87
DISCUSSION
87-90
DISCUSSION
90
DISCUSSION
90-91
M-83-295
91-94
R-83-296
ORD. 9223
ORD.9332
ORD. 9567
94-95
95-103
103-105
105-107
Rif v
3M NO. APRIL 6, 1983 SLLECt (REGULAR)
36
37
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�m
40
41
42
42.1
42.2
42.3
42.4
42.5
42.6
42.7
42.8
42.9
BRIEF DISCUSSION ITEM: DELAYS IN CONSTRUCTION OF
CABLE T.V. SYSTEM IN THE CITY.
BRIEF DISCUSSION ITEM: INSTALLATION OF GUY -WIRE
ACROSS A DRIVEWAY, REQUESTING CITY MANAGER TO
AFFECT REMOVAL.
PERSONAL APPEARANCE: MARY WOODS RE: BLACK CAUCUS
IN LITTLE HAITI ON MAY 21ST. THIS :MATTER WILL BE
DISCUSSED ON APRIL 28TH.
PREPARED RESOLUTION: INSTRUCT CITY MANAGER AND
INCLUDE REQUIREMENT OF R.F.P.'s FOR AFFORDABLE
HOUSING TO BE AWARDED AMONG BLACK AND HISPANIC
VENDORS, SUPPLIERS, CONTRACTORS, AND BUSINESS
ENTERPRISES ON AN EQUAL BASIS 25%--BLACK AND 25%
HISPANIC.
PUBLIC HEARING: AUTHORIZE MANAGER TO SUBMIT APPROVED
GRANT PROGRAM FINAL STATEMENT TO H.U.D. IN THE AMOUNT
OF $10,005,000.00 FOR PROPOSED COMMUNITY DEVELOPMENT
PROGRAM 83-84. THIS INCLUDES THE PASSAGE OF A FIRST
READING ORDINANCE FOR THE 9TH YEAR'COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS.
DISCUSSION OF REPAIRS TO P.A.T. PLAYING SURFACE,
ORANGE BOWL STADIUM, AUTHORIZING CITY MANAGER TO
ACCEPT GIFT.
CONSENT AGENDA
BID ACCEPTANCE - SOUTHEAST OFFICE INTERIORS &
THOMAS RUFF & CO. TO FURNISH ROLLING FILES AND BASES
FOR DEPARTMENT OF FIRE, RESCUE AND INSPECTION
SERVICES.
BID ACCEPTANCE - AIDCO, INC. TO FURNISH TRANSMISSION
TEST BENCH TO DEPARTMENT OF BUILDING AND VEHICLE
MAINTENANCE.
BID ACCEPTANCE - MOTOROLA, INC. FOR FURNISHING SIX
COMMUNICATIONS BASE STATION REPEATERS TO THE DEPT.
OF BUILDING AND VEHICLE MAINTENANCE.
WAIVE REQUIREMENTS & PROHIBITION OF CODE SECTION
2-302 TO PERMIT BESHEVA WRIGHT TO PARTICIPATE IN
HOME RENOVATION & REHABILITATION PROGRAM.
CLAIM SETTLEMENT - ROBERT D. VASQUEZ.
CLAIM SETTLEMENT - EUGENIO L. ARENCIBIA.
CLAIM SETTLEMENT - EARNEST ANDERSON.
ORDERING RESOLUTION - ALLAPATTAH INDUSTRIAL AREA
HIGHWAY IMPROVEMENT -PHASE I, H-4485.
BID ACCEPTANCE - RE-GRA CONSTRUCTION CO. - EAST
ALLAPATTAH HIGHWAY IMPROVEMENT.
PAGE #3
ppRDMNCE
REsoum oN�f o,
PAGE NO
DISCUSSION
107
DISCUSSION
108
DISCUSSION
R-83-297
FIRST READING
M-83-298
R-83-299
R-83-300
R-83-301
R-83-302
R-83-303
R-83-304
R-83-305
108-11
111
112-12 —
129
130
130
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R-83-306 131
R-83-307 1 132
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IN47(
A'PSTIff Ff AF &DA PAGE # 4
TO NO, APRIL 6, 1983
ORDINANCEESLM0� PAM NO
S � (REGULAR) K ,
42.10
PUBLISH NOTICE OF COMPLETED CONSTRUCTION-
KIRKLAND SANITARY SEWER IMPROVEMENTS.
R-83-308
132
42.11
ACCEPT COMPLETED WORK OF ROMA CONSTRUCTION CO., INC.
FOR CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L.
KNIGHT INTERNATIONAL CENTER -FINISHES AND MILLWORK
PROJECT.
R-83-309
132
42.12
ACCEPT COMPLETED WORK OF FRANK J. MORAN, INC.-
VIRRICK GYM RENOVATIONS.
R-83-310
132
42.13
BID ACCEPTANCE - GOLDEN EAGLE ENGINEERING
CONTRACTORS, INC. FOR CENTRAL DRAINAGE PROJECT
E-53, BID "A".
R-83-311
132
42.14
BID ACCEPTANCE - MARKS BROTHERS COMPANY -
CENTRAL DRAINAGE PROJECT-E-53 BID "B".
R-83-312
133
43
EMERGENCY ORDINANCE: AMENDS ZONING ORDINANCE 9500,
PROVIDING FOR A NEW EFFECTIVE DATE TO JUNE 27, 1983.
ORD. 9586
133-1
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DISCUSSION ITEM: PENDING APPOINTMENTS TO BE
MADE.
DISCUSSION
134-1
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INCREASE APPROPRIATIONS FOR ENTERPRISE FUND MIAMI
MARINA TO PROVIDE FUNDING FOR NECESSARY REPAIRS
AND MAINTENANCE.
ORD. 9587
135•
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RESOLUTION GRANTING A 2% COST OF LIVING SALARY
INCREASE TO THE CITY CLERK.
R-83-313
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RESOLUTION GRANTING A 2% COST OF LIVING SALARY
INCREASE TO THE CITY ATTORNEY.
R-83-314
136
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SECOND READING ORDINANCE: CHANGING APPROPRIATIONS
TO PROVIDE FOR CITY-WIDE SANITARY' SEWER EXTENSION
IMPROVEMENTS.
ORD. 9588
137
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SECOND READING ORDINANCE: NEW TRUST AND AGENCY FUND
"CUBAN/HAITIAN SERVICE DELIVERY WORK PROGRAM".
ORD. 9589
138
50
SECOND READING ORDINANCE: AUTHORIZE REPAYMENT
'
INTO SOUTHEAST/OVERTOWN PARK WEST REDEVELOPMENT
TRUST FUND.
ORD. 9590
138
51
SECOND READING ORDINANCE: APPROPRIATE $50,000.00 TO
MIAMI CABLE ACCESS CORPORATION.
ORD. 9591
139
52
DISCUSSION AND CONTINUANCE FOR FURTHER REVISION
OF PROPOSED ORDINANCE REGARDING FEES CHARGED FOR
COPIES AND TRANSCRIPTS BY THE CITY CLERK'S OFFICE.
DISCUSSION
139 -11
53
SECOND READING ORDINANCE: AMEND THE CAPITAL
IMPROVEMENT APPROPRIATIONS ORDINANCE FOR THE '
PURPOSE OF MAKING SEVERAL MISCELLANEOUS IMPROVEMENT
TO MUNICIPAL FACILITIES.
ORD. 9592
140-1L
54
SECOND READING ORDINANCE: ESTABLISH F.E.C. SITE
INTERIM PARKING FACILITY AND FEASIBILITY STUDY
FOR PARKING FACILITY AT PLAYERS STATE THEATRE.
ORD. 9593
141
55
SECOND READING ORDINANCE: AMEND SPECIAL ACT OF
LEGISLATURE KNOWN AS CHAPTER 27717, WHICH
PROHIBITED CONSTRUCTION OF STRUCTURES IN
BAYFRONT PARK OF THE CITY,
ORD. 9594
142
1
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2 u
To NO' APRIL fi, 1983 SmcT (REGULAR)
56
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SECOND READING ORDINANCE: AMEND CHAPTER 31, LICENSES,
MISCELLANEOUS BUSINESS REGULATIONS OF THE CODE BY
ADDING A NEW SECTION ENTITLED; "BOND REQUIREMENT".
SECOND READING ORDINANCE: ESTABLISH NEW TRUST AND
AGENCY FUND ENTITLED "RECREATION FOR THE MENTALLY
RETARDED, 7TH YEAR".
FIRST READING ORDINANCE: AMEND CAPITAL 1,NTROVE,%ENT
APPROPRIATION ORDINANCE TO PROVIDE FOR ALLAPATTAH
INDUSTRIAL AREA STREET IMPROVEMENT AS A NEW PROJECT.
FIRST READING ORDINANCE: AMEND SECTION 2-88 OF CHAPTER
2 OF THE CITY CODE FOR NEW FEES CHARGED BY MICROFILM
SERVICES, ETC. BY FIRE, RESCUE AND -INSPECTION
SERVICES.
FIRST READING ORDINANCE: AMEND SECTION 5 OF ORDINANCE
6145 REGARDING PLUMBING, BUILDING, ELECTRICAL,
MECHANICAL, CERTIFICATE FEES, ETC.
FIRST READING ORDINANCE: NEW TRUST AND AGENCY FUND
ENTITLED "SUMMER FOOD SERVICE PROGRAM FOR CHILDREN
1983".
AUTHORIZE CITY MANAGER TO ACCEPT $133,532.00 FOR
SUMMER FOOD SERVICE PROGRAM FOR CHILDREN.
FIRST READING ORDINANCE: ESTABLISH NEW TRUST AND
AGENCY FUND ENTITLED "SUMMER YOUTH EMPLOYMENT
PROGRAM-1983/CETA VI".
AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH
METRO TO IMPLEMENT PORTION OF COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM FOR 8TH YEAR:
ESTABLISH CITY POLICY CONCERNING BUSINESS
RELOCATION ACTIVITIES WITHIN SOUTHEAST OVERTOWN/
'PARK WEST COMMUNITY REDEVELOPMENT AREA.
AUTHORIZE CITY MANAGER TO ACCEPT GRANT FROM STATE
OF FLORIDA FOR ASSISTANCE WITH BLUE LAGOON PARK.
AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT FOR
PROFESSIONAL AND TECHNICAL SERVICES BAYFRONT PARK
REDEVELOPMENT PROJECT.
AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT FOR
PROFESSIONAL AND TECHNICAL SERVICES BAYFRONT PARK
REDEVELOPMENT PROJECT.
AUTHORIZE CITY MANAGER TO ENTER INTO CONTRACT, MIAMI
CAPITAL DEVELOPMENT INC. FOA INSURANCE BUSINESS
DEVELOPMENT PROGRAM IN CONJUNCTION WITH INSURANCE
EXCHANGE OF THE AMERICAS, INC.
AUTHORIZE CITY MANAGER TO CONDUCT STUDY ON
FEASIBILITY OF UNDERGROUND PARKING IN DOWNTOWN MIAMI.j
PAGE # 5
NORDINANCE
ESOLLlTION O
ESOU
PAGE NO
ORD. 9595
143
ORD. 9596
144
FIRST READING
FIRST READING
FIRST READING
FIRST READING
R-8 3- 315
FIRST READING
R-83-316
R-83-317
R-83-318
R-8 3- 319
R-83-320
R-83-321
R-83-322
145
145-14t
146
146
147
147-14f
148
148-14S
149
150
151
152
153-154
JO NO$
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76
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78
79
W
81
82
83
84
85
86
APRIL 6, 1983
Ila
M �1 ' ` 1 1 .� �i• 1�
SMCT ( REGULAR )
AUTHORIZE CITY MANAGER TO UNCONDITIONALLY ACCEPT
FEDERAL EMERGENCY MANAGEMENT AGENCY FUNDING AS SEEN
MONEY TO PARTICIPATE IN ARSON INFORMATION '.MANAGEMENT
SYSTEM
URGE DADE COUNTY SCHOOL BOARD TO PLAN FOR CONTINUED
AND IMPROVED SCHOOL FACILITIES IN SOUTHSIDE BRICKELL
NEIGHBORHOOD.
SET FEE FOR USE OF ORANGE BOWL STADIUM FOR FOOTBALL
EVENTS BY DADE COUNTY HIGH SCHOOLS.
AUTHORIZE CITY MANAGER TO APPOINT FIRM OF LAVENTHOL
& HORWATH AS CONSULTANTS TO UPDATE PRESENT
FEASIBILITY STUDY FOR USE OF RENTS, RATES, FEES, AND
OTHER CHARGES CONNECTED WITH THE CONVENTION CENTER
PARKING GARAGE, ETC.
CONFIRM ACTION OF CITY ;MANAGER APPROVING EMERGENCY
PURCHASE OF GRAPHICS FOR THE CONVENTION CENTER.
ISSUE MISCELLANEOUS WASTE COLLECTION LICENSES.
AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT, CROWDER,
MAHONEY, MAKOWSKI, RICE AND ASSOCIATES FOR
PROFESSIONAL SURVEYING SERVICES.
SECOND READING ORDINANCE: AMEND ANNUAL APPROPRIATION
ORDINANCE FOR CITIZENS SERVICE VAN UNIT.
SECOND READING ORDINANCE: AMEND ANNUAL APPROPRIATION'
ORDINANCE FOR WORD PROCESSING AND OTHER
MISCELLANEOUS THINGS FOR THE MAYOR'S OFFICE.
ESTABLISH TASK FORCE TO BE KNOWR AS THE EAST LITTLE
HAVANA AREA TASK FORCE.
AUTHORIZE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO
EXCEED $3,215.00 MATCHING FUNDS IN CONNECTION WITH
FEASIBILITY STUDY FOR OPERATION OF HYDROFOIL WATER
BUS.
FORMALIZING RESOLUTION: AUTHORIZE GRANT EQUAL TO ONE
DAY'S RENTAL OF BAYFRONT PARK AUDITORIUM FOR EVENT
IN CONNECTION WITH BUY AMERICAN CAMPAIGN.
FORMALIZING RESOLUTION: CLOSE CERTAIN STREETS ON
APRIL 9TH AND LOTH IN CONNECTION WITH MIAMI SEAFOOD
FESTIVAL.
AUTHORIZE CITY MANAGER TO SUBMIT APPROVED GRANT
PROGRAM FINAL STATEMENT TO H.U.D. $10,005,000.00'
COMMUNITY DEVELOPMENT PROGRAM - 83'84.
DISCUSSION OF CHAMBER OF COMMERCE RESOLUTION re:
PENDING LEGISLATION PROPOSAL ON "REGIONAL TOURISM".
DIRECT CITY MANAGER TO STOP RECENTLY IMPOSED 32%
INCREASE IN HEALTH INSURANCE COST TO RETIREES
PENDING FURTHER STUDY.
PAGE # 6
ORDINANCE
RESOLUTI ON it o, I PAGE NO
R-83-323
R-83-324
R-83-325
R-83-326
R-83-327
R-83-328
R-83-329
ORD. 9597
ORD. 9598
R-83-330
R-83-331
R-83-332
R-83-333
R-83-334
DISCUSSION
M-83-335
154-1`
155
156
156-1`
157-1_`
158-15
159-1E
160-16
161-16
162
163
163-16
164-16
165
166-16
167-16
I
Ll
CI;IPSSIffKAMI, &DA PAGE # 7
ORDINANCE
hq,
St�JECT
APRIL-6, 1983 (REGULAR)
Resouwn o,
PAGE NO
87
EMERGENCY ORDINANCE: EXTEND EFFECTIVE DATE OF
RESTRUCTURING OF MIAMI AUDIT ADVISORY COMMITTEE.
ORD. 9599
169
88
RESOLUTION STRONGLY EXPRESSING OPPOSITION TO
PENDING "RAISE BILL" INTRODUCED BY THE FLORIDA
SENATE.
R-83-336
170
89
:MAYOR FERRE READS TELEGRAM FROM SENATOR CLAUDE
PEPPER REGARDING HOUSE, ENERGY AND WATER
DEVELOPMENT SUBCOMMITTEE.
DISCUSSION
171
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
'On the 6th day of April, 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 9:12 O'Clock A.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 Demetrio Perez, Jr.
Commissioner Joe Carollo
ALSO PRESENT:
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.
Mayor Ferre: I apologize for being ten minutes late, J. L., I got in last
night at 1:30 and I see Les Brown here. I want to tell you that I was all
afternoon yesterday until 7 O'Clock campaigning with Congressman Harold
Washington in Chicago and strangely enough with Senator Fritz Hollings of
South Carolina and it was a strange line-up that I want to tell you about.
We had Senator Hollings, Congressman Washington and myself making a pitch
in the Hispanic community. I want to see to you that it is not looking
good. yesterday the Chairman of the Cook County Democratic Party which as
you know, is the second most powerful position in Chicago after the Mayor
of Chicago, made an announcement, and he gave it out ward by ward, precinct
by precinct basis that it was his estimate that as of today Washington was
behind 30,000 votes. I did walk around the Loop area yesterday and I want
to tell you that I did not see one white person without an Epton pin on.
I didn't see any black people without a Washington pin on either, but they
expect record turnouts. They expect that in the turn out in the City of
Chicago which now has a voting population, by the way, of 1,632,000, that
if it goes much over 80% the Chairman of the Democratic Party of Cook
County feels that Washington will lose, that if it stays in the vicinity
of 80 or 82% as is the expectation by most people that Washington will win.
But evidently the tracking polls that they have made in the last two or
three days are showing possibilities of voter turn outs in excess of 85%.
I mean I want to tell you that is an up -tight city and it is scarey, it
really is. People are very very up -tight in Chicago. But I think it has
a tremendous national implication. One last thing I want to share with
you. The Hispanic vote in Chicago is now up to about what it is in Dade
County, Marshall, it is about 138,000 was the last count. But the inter-
esting thing is that it is mostly Puerto Rican. It is about 80-90,000
Puerto Rican and the rest of it is mostly Mexican and Congressman Washing-
ton is having a hard time reaching the Mexican vote.
NOTE: Commissioner Perez entered the meeting at 9:15 A.M.
rt
.01 'APR 61983
0
0,
1. AUTHORIZE CITY MANAGER TO ALLOCATE $10,000.00 TO BEGIN
PRELIMINARY WORK FOR ACQUISITION OF STRESS TRAINING SIMULATOR
IN THE POLICE DEPARTMENT.
Mr. Plummer: Mr. Mayor, I have one at the request of the administration
and that _is as you know, this Commission passed in principle and sent to
the admir}'stration for negotiation the simulator for the Police Department.
Mr. Gary is working very hard and very diligently, refuses to even acknow-
ledge to me so that there will be no problems at this time that he feels
very confident of a foundation being of a great assist in the acquisition
for the City of Miami. They will need, at this particular time, a grant
of $10,000 to start the preliminary work on this contract and I at this
time, Mr. Mayor, would move that the sum of $10,000 be allocated upon the
recommendation of the Manager to start the preliminary work. The Manager
will be having a public hearing on April the 28th but this preliminary
work is necessary to get the thing started and I so move, Mr. Mayor.
Mayor Ferre: All right, .here is a moticn on the floor. Is there a second?
All right, Commissioner Perez seconds. Under discussion, Mr. Manager, I
want to go on record a little bit stronger than I think I did last time
so that we clearly understand each other. I am voting for this machine,
sensitivity machine, totally and only on the premise that we are also
simultaneously and at the same time involving the City of Miami Commission
and the Miami Police Department to sensitivity training with proper psycho-
logical testing of the Police Department from top to bottom. That means
starting with the Police Chief and going down to recruits. What I mean
by that is that I believe that it is important to have a police officer
sensitized to the challenge, if you will, of when to use deadly force.
But on the other hand I think we also need the Police Department black
and white sensitized to the particular problems of ethnic issues. I want
to tell you that the day I spent in Chicago yesterday, that is one rough
town. The way they treat Mexicans and Puerto Ricans in that town is just
unbelievable. The Hispanic population is 20% of the City of Chicago.
Do you know how many people they have in the government of Chicago, His-
panics? One percent. Do you know what they have, do you know what they
have, they have a police department of 12,000 police officers. They have
one Hispanic captain, one Hispanic captain. The whole Police Department
is 2% Hispanics and I want to tell you, and the man is dead, Mayor Dailey
is gone but I saw very clearly what that whole thing was all about and I
saw it so clear yesterday for the first time. What they did was they gave
the black community some token jobs and some token housing and token achieve-
ments and they kept that city as segregated as any city in America and it
still is that way. And I want to tell you that we need to be very care-
ful in the City of Miami. We're nowhere near what Chicago is. You know,
I'm amazed that all these people talk to me in these radio stations about
what a bad place Miami is, when I see what a place like Chicago is like
I can't believe that those people haven't had more problems than they have.
But I think the point, Mr. Manager, is that I'm voting with Commissioner
Plummer's motion today and with the previous intent but I want to make it
abundantly clear that I expect to hold you and the Police Department to
the question that they both go in simultaneously, that we're not going to
have sensitivity training on usage of deadly weapons and not have sensi-
tivity training towards the understanding of the problems of the ghetto
whether it be the Cuban ghetto or the black ghetto, and those are the
only two that I know that we live with around here, and the Haitian, of
course, those three areas. Any other......
Mr. Dawkins: Mr. Mayor, I said before and I say it now, the sensitivity
of the Police Department is only part of the problem. There must be some
sort of a learning process, if you will, to instill confidence in black
people in the Police Department. Now, there is no reason why the simulator
cannot present situations that also will see that black people learn how
to react in certain given situations instead of police only learning how
to react. You see, I'm a little disturbed when people, I keep hearing
saying constantly, "If you're black and the police stop you put your
hands on top of your head and ask please don't shoot me." That's ridic-
ulous. And no simulator or nothing else is going to work unless it in-
volves the total community. Now, if we are purchasing this simulator
only to sensitize police then I am not in favor of it. If we are purchas-
ing this simulator to simulate simulations that will familiarize the total
.02 APR
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0
community with police and community relations then I'm for it and I'll vote
yes.
Mayor Ferre: All right, further discussion on this item? Call the roll.
NOTE: Commissioner Carollo entered the meeting at 9:20 A.M.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 83-277
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLO-
CATE AN AMOUNT NOT TO EXCEED $10,000 TO BEGIN THE PRELIMINARY '
WORK CONCERNING THE ACQUISITION OF A STRESS TRAINING SIMULATOR
FOR THE POLICE DEPARTMENT.
Upon being seconded by Commissioner Perez, the motion 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.
2. DIRECT CITY MANAGER TO TAKE NECESSARY STEPS TO GET SLT?COM
TELEPHONE SYSTE21 FOR THE CITY OF MIAMI.-
Mr. Plummer: Mr. Mayor, another that the administration wants an approval on,
the State of Florida has what is called a Suncom telephone line. It is pro-
jected that if the City joins this system which has now been made available
to cities across the State of Florida, that it could amount to a savings to
the City of Miami of approximately 60% in its long distance calls. We must
pass a motion at today's meeting instructing the administration to proceed
positively, I have a motion which the City Attorney tells me has to be cor-
rected, but we have to give a commitment to the State and I at this time
would make a motion that the City of Miami Commission instructs the Manager to
proceed with getting the positive Suncom into the City of Miami so that we
can effect this savings and then they will come back with a final draft of
this resolution. I so move.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 83-276
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO TAKE THE
NECESSARY STEPS TO GET A SUNCOM TELEPHONE SYSTEM INSTALLED IN
THE CITY OF MIAMI SO THAT THE CITY COULD BE THE BENEFICIARY OF
THE SAVINGS ASSOCIATED WITH THE OPERATION OF SAID SYSTEM.
Upon being seconded by Commissioner Carollo, the motion 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.
ASSENT: None. 'APR 61933
4`3
rt
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3. BRIEF DISCUSSION ITEM: RECENT CLOSING OF FOREIGN EDGE
BANKS IN THE CITY OF MIAMI.
Mr. Perez:. Mr. Mayor, -did you read the other day in the media information
about the two _banks closing down offices in the City of Miami? I would like
to introduce";"resolution instructing the City Manager to conduct a review
of the general and specific cost or condition associated with the recent re-
location from Miami of two major banks and to report his findings to this
Commission in the next thirty days. I would like to move that resolution in
order that we have an answer about this situation.
Mayor Ferre: Well, I'll vote with you on this motion but let me just make a
statement, Demetrio. These two banks, the first one is an Argentine bank
which should have never opened in Miami in the first place and when they
opened here the President told me that they were opening on hopes that the
economic situation in Argentina would improve. There are three Argentine
banks here, this is the smallest of the three. It was, I think, unfortunately
one of these things where the Argentines wanted to keep up with the rest of
the world and they have a tendency to perhaps over -expect. So the closing
of the Argentine bank, a small Argentine bank is not a major concern. Now,
the second bank that closed is the European -American Bank, is a conglomerate
of about 5 or 6 European banks. I might explain to you just so that you under-
stand the process involved is that there is a major battle going on between
the stockholders of that bank because the main stockholder is Deutsch Bank
and Deutsch Bank has now opened their own banking agency in both New York
and are coming to Miami. They will be opening here this year. Now, they
got into a fight because they had agreed, Deutsch Bank had agreed not to do
that but to work rather through the American European Bank. Unfortunately,
they violated, as I understand, this is all, you know, I'm not a banker,
this is what I understand happened, and, therefore, there is a kind of a
bad situation between the main stockholders of this bank and the bank itself
who is now aggressively pursuing the banking community in the United States.
I think they are very special cases and I think what we're doing by passing
this resolution is picking a search light and putting it right on an issue
that is really a non -issue. I would recommend before we do that, since we
have an Office of International Trade and Commerce, and the executive of
that is a very capable man, Frank Diaz-Pou and I would recommend that before
we send resolutions of this sort to a State agency, and obviously, the press
is going to play on something, I think there is a very logical explanation
for the closing of those two banks. Now, if it were to continue then I
think there might be cause for alarm but since I have looked into the sit-
uation personally and I would commend to you that you let Frank Diaz-Pou
write you a memorandum and then if you think we need action beyond that we
could take it beyond there.
Mr. Perez: I accept, but I think that would be important after we have
that recommendation that we make a public explanation because I think that
maybe they can start a confidence crisis and I think that better than to
approve the resolution it would be better to make in the future a public
explanation in order that these people don't be concerned about the banking
industry in the area.
Mayor Ferre: There will be more banks opening in Miami in the next year
than there will be closing.
Mr. Perez: It is important that we emphasize that as an answer to this
article.
rt A P P 6 1983
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4. EXPRESS SOLIDARITY WITH POPAYAN, COLOMBIA AND ALL OF THE CITIES
IN COLOMBIA, PANAMA, AND COSTA RICA AFFECTED BY RECE1"T
EARTHQUAKES.
Mr. Perez: The other resolution I have is expressing our solidarity with
Popayan,-Cblombia anti all the other cities in South and Central America
affected'By the earthquake and I think that it would be important to have `
a preference in the next 90 days to chose the sister cities. -
Mayor Ferre: Plummer, you're the head man in Colombia in the Sister Cities
situation, that didn't affect Cali or Bogota did it?
Mr. Plummer: Mr. Mayor, it doesn't affect either one, the problem I think
that would have to be explored is that Popayan already has a Sister City
in the United States and there is some reluctance on behalf of Sister City
to have two American cities have the same.
Mayor Ferre: ..o, I don't think Commissioner Perez recommended that we
create another Sister City, I think that what he is saying is that we
ought to look and see how we can help these people.
Mr. Plummer: Absolutely, I see no problem with that, Mr. Mayor, whatsoever.
NOTE: Small portion of this transcript is unable to be transcribed due to
a defect in the tape.
The following resolution was introduced by Comissioner Perez, who moved
its adoption:
RESOLUTION NO. 83-279
_ A RESOLUTION EXPRESSING SOLIDARITY WITH POPAYAN, COLOMBIA,
AND ALL OTHER CITIES IN COLOMBIA, PANAMA, AND COSTA RICA
AFFECTED BY THE RECENT EARTHQUAKES, AND REQUESTING THAT
REFERENCE BE GIVEN TO THEM IN THE SELECTION AND DESIGNATION
OF SISTER CITIES DURING THE NEXT 90 DAYS UNDER THE SISTER
CITY PROGRAM OF THE CITY OF MIAMI.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
.05
rt ' APR 6 1983
C
414
5. DIRECT CITY MANAGER TO MAKE FIRE STATIONS AVAILABLE AS
COLLECTION POINTS FOR EMERGENCY SUPPLIES FOR EARTHQUAKE VICTIMS.
Mr. Plummer: Mr. Gary, I know that you really don't like to do this, but
Mr.'Mayor;-I would like to ask, if it is possible as we have done before,
that possi-b3y the fire stations be open to receiving any gifts or donations
that people would want to make as a collection point, we have done that in ,
the past.
Mr. Gary: For Overtown residents?
Mr. Plummer: Yes, for Overtown as well as the rest. Mr. Mayor, would you
accept a motion that we allow the fire stations to be collection points?
we've done it in the past.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 83-280
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO MAKE
ALL CITY OF MIAMI FIRE STATIONS AVAILABLE AS COLLECTION POINTS
FOR THE RECEIPT OF EMERGENCY SUPPLIES, GIFTS, CASH CONTRIBU-
TIONS, ETC. TO BE SENT TO THE CITIZENS OF POPAYAN, COLOMBIA,
VICTIMS OF RECENT EARTHQUAKES.
Upon being seconded by Commissioner Carollo, the motion 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.
Mr. Plummer: And Mr. Clerk, if you would notify the Colombian Consulate,
Mr. Roberto Garcia, that that is available to him if he would like to use it
I think it would be very helpful.
Mr. Ongie: I will.
rt
0 APR 6 1983
4
i
6.- MOTION OF CONDOLENCES TO THE FkMILY OF MR. FAUSTO LAVILLA.
Mr. Perez: Mr. Mayor, the last one, I would like that the City extend con-
dolences to the family of Mr. Fausto Lavilla, the President of the Cuban
National Journal and.if possible, to call the family to the next Commission
Meeting in order to present a resolution
The following motion was introduced by Commissioner Perez, who moved `
its adoption:
MOTION NO. 83-281
A MOTION OF SINCERE CONDOLENCES OF THE CITY COMMISSION AND
THE CITIZENS OF THE CITY OF MIAMI TO THE FAMILY OF MR. FAUSTO
LAVILLA ON THE SAD OCCASION OF HIS PASSING AWAY.
Upon being seconded by Commissioner Carollo, the motion 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.
ASSENT: None.
7.- MOTION OF CONDOLENCES TO MR. BEBE REBOZO ON THE OCCASION OF
THE DEATH OF HIS SISTEP. AND IIIS BROTHER.
Mr. Carollo: Mr. Mayor, at the same time, I would like the City to also ex-
press its condolences to Mr. Bebe lebozo on the death of his sister and
brother last week.
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 83-282
A MOTION OF SINCERE CONDOLENCES FROM THE CITY COMMISSION AND
THE CITIZENS OF THE CITY OF MIAMI TO BEBE REBOZC AND FAMILY ON
THE SAD OCCASION OF THE UNTIMELY DEATHS OF HIS SISTER, MARGARET
BARKER, AND HIS BROTHER, ALBERT J.REBOZO
Upon being seconded by Commissioner Dawkins, the motion 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.
07 APR 61933
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0 4)
8.- DISCUSSION ITEM OF POLICE OFFICERS' ALLEGED RMkRK TO A GROUP OF
HISPANIC PERSONS ASSEMBLED AND ALSO DISCUSSION OF D.G.I.
INVOLVEMENT AND POSSIBLE INFILTRATION IN THE POLICE DEPARTMENT.
Mr..Carollo: Mr. Mayor, I have one item I would like to bring up.
Mayor Ferre: Go ahead.
Mr. Carollo: Mr. Manager, as I spoke to you last week, there was an incident
in Little Havana last week that caused great alarm to me and other members of
this Commission. Last week there was a marked police vehicle from the City
of Miami Police Department that passed by where the individuals that are on the
hunger strike are located and as he was passing by very quickly in his vehicle,
the P.A. System was put on and this police officer yelled at the crowd that
was there "Viva Fidel!". I am very concerned that we have a police officer
first of all that is so unprofessional that would do something of that nature
and second of all that would have feelings such as those working for our
Department. I would like for our Police Department to do its best to try to
identify who this police officer was and I would like for all members of the
City Commission to receive all the names of all the uniformed police officers
that were working on that evening and I would like their names to come in as
to what sector of the City they were working. I'm glad that the Chief is
here, I see that he walked in. I'm sure he is going to be listening closely
to this and I see that he is taking notes already. One other concern that
I have had for quite some time, and it has been expressed to the Chief and
yourself personally, and I think this particular instance brings even more
light to 3ow.e of the allegations that I have received in the past that I
share with you all. That is that several of our police officers, as the
Chief confirmed to me in a memorandum some time back, have worked for an.
agency that was doing business with Communist Cuba. Even though the Chief
did not identify this agency in his memorandum, the information that I have
from a variety of sources is that this agency was Havana Tours, an agency
that our government has indicted and claimed that this agency was an opera-
tion of the Cuban D.G.I., the Cuban intelligence service. The information
that I have is that these particular police officers resigned from the City
of Miami and went to work for this agency as body guards, went to Cuba not
to visit sick family or anything of that sort, but went there serving as
body guards of this agency and while they were in Cuba they had meetings
with top officials of the Cuban Intelligence, the D.G.I. whereas the opera-
tions, the internal operations of the Miami Police Department were discussed
extensively. I have a former D.G.I. Intelligence Officer with the Cuban
Government which defected which has stated to me that he was appointed to
one of these officers that now is working bank in the City of Miami, was
rehired by us, that he was told by a top intelligence officer, the Cuban
D.G.I. that this individual was working for them and that they had several
more like him working in local police departments. There are many more
allegations that have reached me but I certainly feel that if we already
have been able to find that there have been several of our officers that
have been involved with some of the major drug pushers of this town I
think that it would only lead to reason that Fidel Castro would have
tried to penetrate some of his agents in our own Police Department. Now,
I understand that there might be some question as to whether we have the
right to find out what these officers were doing in Cuba and I think that
the City Attorney would agree and so would the Constitution of our country
that if it is work related like it would be with these officers that our
Department has every right and the City of Miami has every right to find
out what these officers did in Cuba, who they met with and a lot of other
information. In fact, one of these individuals that is a police officer
again with the City of Miami, his name even appears in the Secretary of
State's Office as one of the main officers of an agency that is a travel
agency. I would hope the Chief has taken notice and againas I stated to
you last year, Chief, I would be more than happy to meet with you and pro-
vide this information to you publicly, privately or any other way that
you so desire.
08 APR 6 198
3
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9.-DISCUSSION CONCERNING DRAFTING OF AFFORDABLE HOUSING R.F.P.'s
TO INSURE BLACK AND LATIN PARTICIPATION.
Mayor Ferre: All right, Commissioner Dawkins.
Mr. Dawkins: Mr. Mayor, I have two pocket items. The first pocket item -
Mr. Manager, quite some time ago I asked you to see that as the R.F.P.'s '
were prepared for the affordable housing, that I be made aware of that. Up
until now, I have received nothing. Mr. City Attorney, would you draft for
me a resolution that I may present this afternoon, stating that in the
affordable housing R.F.P.'s, we must state that 25% of the total dollars must
go to Latins and 25% of the total dollars must go to Blacks. Draft it so
that no one will not understand that I am talking about total dollars. I am
not talking about 25% of the construction, which means that when the construc-
tion is finished that is gone. I am not talking about 25% of the purchasing
of equipment and supplies, which, when you purchase that, that is gone. I
mean 25% of management, sales, whatever, of the total dollars go to Blacks -
50% to Blacks and Latins. I wish you would prepare that in the form of a
resolution for me to present this afternoon, please, sir.
Mr. Garcia -Pedrosa: All right.
10.- DISCUSSION ITEMM OF TiIE AMOUNT OF CITY COMMISSION TIME SPENT ON
NON -AGENDA ITDIS.
Mr. Dawkins: My second pocket item deals with pocket items. It is a shame
that we sit here each Commission Meeting and schedule Commission Meetings to
begin at 9 O'Clock and we have citizenry who sit here from 9 O'Clock until
1 O'Clock before one item is heard. This Commission should be ashamed of
itself to permit us to do this to our citizenry, those who vote for us. And
those of us who sit here and permit it should be, you the citizens should
bring us to task. Every morning we sit here and go through pocket item after
pocket item after pocket item and here it is now twenty minutes to ten and
according to the agenda the first scheduled item is at 9:30 A.M. and we have
not heard the Mayor's pocket items. So you citizens, if you do not mind
sitting through this then continue to do so. Thank you.
Mayor Ferre: All right, Mr. Manager, I think Commissioner Dawkins has a
valid point and the fault, unfortunately, is not the City Commission's,
and let me explain why. We passed a resolution which as I remember Commis-
sioner Dawkins voted for, that we would take one hour of every Commission
Meeting starting at 9:00 to take pocket items. Now, we are, therefore,
totally within the law of what we established. Unfortunately, the indi-
vidual in the Manager's Office who sets these schedules up puts 9:00 O'Clock
Invocation and Pledge of Allegiance, 9:30 Non -Scheduled Agenda Items. Now,
unfortunately, I think we need to schedule more than a half hour for these
pocket items. So I think it should be clearly spelled out that we do not
begin the official agenda items, and this says 9:30 so at this point we
are 11 minutes behind schedule, I think we should say a full hour.
Mr. Dawkins: But, Mr. Mayor, by the
and you said we passed a resolution,
one hour, I think we should do that.
Mayor Ferre: I think you're right.
same token, since we're doing this,
that we would limit pocket items to
Mr. Plummer:" May I remind both of you that we had a policy before that you
might want to consider again and that is so that it would not inconvenience
those who have been informed that 9:00 O'Clock is the schedule, that all
pocket items would be heard at the end of the conclusion of the meeting of
the Regular Agenda. I still feel that that would be fair, that we don't
inconvenience the people who are regularly scheduled items, for those people
rt .09 APR 61983
0
44
who have a situation they feel is an emergency item, if any one should
wait it should be those people rather than the people who are here on
regularly scheduled items. And I don't know that you want to try that
but once again it did work very well.
Mayor Ferre: We tried it, J. L., let me remind you what happened during
those occasions. We would hit 7 O'Clock at night or 8 O'Clock at night
and everybody was anxious to leave and, therefore, we had, plus an addi-
tional, we really had some pandamonium out of that because what would hap-
pen is that one member of the Commission would want something, the Manager
wouldn't have the exact information, they were pocket items and then we
would sit_around wanting trying to get this information at 6 or 7 O'Clock
or it would be continued or we would do it in a way without full informa-
tion. The reason why we moved it to the morning session is because when-
ever a controversial pocket item comes up as there will be in a moment, `
it invariably will end up being voted on later on in the day. Now, the
middle ground, if you want to talk about it, might be to take up pocket
items say at 11:30 so that we can get two hours or three hours of work
in the morning but that never works because what happens is that we never,
I have been serving on this Commission for 14 years and I have yet to see
any Commissioner ever at any time under any Mayor or any other Commission
ever finish an agenda either on time or keep to a schedule. And if you
have been down to Metropolitan Dade County, they've got the same problem
we do. And as Marshall Harris knows, the Legislature is even worse, you
know they had sessions where they were supposed to be one hour and they
would go on to 3 O'Clock in the morning. So, you know, Legislative bod-
ies are unfortunately deliberative bodies and that is the way it works.
Now, I do think that Commissioner Dawkins' suggestion is valid, I think
we ought to keep it to one hour and we ought to just stop at the end of
the hour. Okay? Mr. Manager........
Mr. Carollo: For the most part, Mr. Mayor, I think that has been our policy
and what we have done, we have kept it to one hour and it is to my recollec-
tion that since November of 1981 is when we have set the policy that from
9 A.M. to 10 A.M. would be the time that would be scheduled for pocket
items.
ll.- GRANT PERMISSION TO ORGANIZE "HELP A CHILD WEEK" FOR
UNDERPRIVILEGED CHILDREN IN THE CITY.
Mayor Ferre: All right, let me get to my pocket items now, which I haven't
had a chance to do mine so give me a little break here. I have a letter
here from Catholic Community Services: Dear Mayor Ferre, The Catholic Com-
munity Services is a social service agency of the Archdiocese of Miami. We
are happy to endorEa the efforts of the Areawide Council on the Comprehensive
Crime Prevention Program to help children. We urge support of this proposal
"Help a Child Week". Now, is Mr. Michael Belcher, Chairman of "Help a Child
Week" here? Mr. Belcher, very quickly.
Mr. Michael Belcher: Thank you, Mr. Mayor, good morning, gentlemen. A pack-
age is being handed out to you from Anna Marie Adker, Chairman of Overtown
who is with me today, Joe Woodnick of North Miami who is active in all crime
prevention, Mrs. Rambow from the CIS Department, Miami Police Department.
If you gentlemen would like to turn to the last two pages on this package,
some of you will see a photograph of yourselves at a luncheon that I was
hosting on November 18th of last year.
Mr. Gary: Can I get a copy of that?
Mr. Belcher: Yes. Some of you gentlemen here including Congressman Claude
Pepper.plus myself and other people with the Crime Prevention Council to do
something for crime prevention of juveniles for the City. We feel that we
are going to put together a program that will benefit not only the City of
Miami but most definitely the State of Florida, if not, it will go nation -
side. You will see many letters of endorsements, these are just a few.
What we're proposing for help a child week is to collect funds for a week.
We are proposing May 23rd to the 29th in the City of Miami to help deserving
and underpriviledged children in the City of Miami. This will be helped by
associations, clubs, churches, schools. We will have parents out there,
children out there....
APR 61983
rt
0 0
Mayor Ferre: Mr. Belcher, in the interest of time, you know this is like
motherhood, we're all for it. Now, what is it you want us to do?
Mr. Belcher: I would like your endorsement to go ahead with this and for
the City of Miami .....
Mayor Ferre: This is similar to the way that the Fire Department collects
money at major intersections, is that how you're going to do this?
Mr. Belcher: But we would like to also have the Miami Police Department
actively involved in this, being that we are the area wide council within
that body_
Mayor Ferre: Look, let's start over again. What specifically do you want
this Commission to do? '
Mr. Belcher: Collection of funds from the public, Mr. Mayor.
Mayor Ferre: Do you want permission to use the streets of the City of
Miami to collect funds?
Mr. Belcher: That is correct.
Mayor Ferre: All right, Mr. Manager, do you have any objections to this?
Mr. Gary: Basically, I have no objections, I would assume he is going to
use police, fire departments as well as other volunteers.
Mr. Belcher: That is correct.
Mr. Gary: Can I consult for a second with....
Mayor Ferre: Sure. And I think the resolution should be subject to proper
insurance coverage and all the other restraints and constraints that we do
with everybody else.
Mr. Gary: We can do it and they will indemnify us.
Mayor Ferre: And then subject to your final administrative approval.
All right, is there a motion?
Mr. Carollo: So move.
Mayor Ferre: Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Now, would this be under Catholic Community Services or is it
going to be "Help a Child Week"?
Mr. Belcher: No, that is just one matter of endorsement.
Mayor Ferre: Oh, I see, in other "Help a Child Week" is an institution by
itself.
Mr. Belcher: That is correct. The Area Wide Council formed a committee and
we would like to propose May 23rd to the 29th as being "Help a Child Week".
Mayor Ferre: I understand. Mr. Manager, then the motion is subject to your
final approval. Further discussion? Call the roll.
rt
.11
APR 6 1983
�1
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 83-283
A MOTION OF THE CITY COMMISSION GRANTING PERMISSION TO THE
ORGANIZERS OF "HELP A CHILD WEEK" TO USE THE STREETS OF THE
CITY OF MIAMI FROM MAY 23RD THROUGH MAY 29TH FOR THE PURPOSE
OF COLLECTING FUNDS TO HELP DESERVING AND UNDERPRIVILEGED
CHILDREN IN THE CITY OF MIAMI.
Uporr eing seconded by Commissioner Dawkins, the motion was passed
and adopte,6'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.
12.- DISCUSSION OF TOURISM AUTHORITY, ALSO INCLUDES DISCUSSIONd OF
RENT OWED BY MIAMI DOLPHINS, ETC.
Mayor Ferre: I have two other items and there is a gentleman here who wants
to discuss the conditions of the Japanese Gardens on Watson Island and I'm
going to let him have a few minutes to do that, a very few minutes. But before
I do that, I want to bring out a request by Mr. Sidney Levin and Woody Wiser,
both co-chairmen. Mr. Manager, you had better listen to this, this is going
to be controversial, this is going to be a hot item. They, the Chamber of
Commerce are proposing a concentrated tourism authority. I, like you, have
mixed feelings on that but let me give you the scenario of what is happening
here. The City of Miami has absolutely no say and no participation, and as
a matter of fact, Cesar Odio and his team spent half of their week begging
for funds for -stamps and little things like that. I will admit that I am per-
haps a culprit in this whole thing because back in 1967 as a Legislator along
with Louie Wolfson and Murray Dubbin, I was the author of passing the bed tax
for Miami Beach and we really snookered it in in a way that I don't think has
ever been done before or since, well, I guess that's not true, Dempsey Baron
does it all the time. But Marshall, you were there and you were a part of
all that and it was kept very quiet and all of a sudden it was brought out
and there was great running around and the next thing you knew it passed.
And it really was something that I think we have lived to regret, it was a
bad law because what it did is it gave a particular city moneys that others
did not have. Now let me tell you what has happened since then. There are
two things that have happened. In the first place, and I say this with all
due respects to a lot of wonderful people that have served in Miami Beach,
and many of them good friends of mine and yours, J. L., and of many members
of this Commission. That money has been mostly squandered. It has been mis-
spent, it has been spent on administrative expenses, it has not been a co-
ordinated effort, it has had many many serious problems. In the meantime,
we then got a Dade County Bed Tax. Now, Howard, I would agree with your
basic bottom line. I stand corrected, Clark Merrill's which you endorsed
in your cover page memo on it, but when you really look at the bottom line
of that, if there was any way in which the City of Miami could get that bed
tax into the City coffers then I would stand with Clark Merrill on that. But
you know, we've got to be pragmatic about it and the fact is that we don't
have it now and you know and I know, and certainly Miller knows and J. L.
knows that we're not going to get it. You know that the Legislature is not
going to all of a sudden turn around, Miller, and say all right, City of
Miami, we did make a mistake, we'll let you have your two cents of tax like
Miami Beach. That is never going to happen, Clark, it's just not going to
happen. So what we have to look at is not what would be best because I don't
think - it's possible but not probable. So the next thing that we need to
look at is what is second best. And what is second best in my opinion, under
the circumstances, is for us to have a unified source of funds. Now, I
_12 APR 61983
rt ....
4 0
hate to agree with the Miami Herald editorial position, they said the other
day, and I thought it was a valid editorial, that the funds should really
flow through an elected body and since the elected body, in effect, for this
community area wide is the Metropolitan Dade County Commission, I think that
is really where the final authority of approving the budget should be. Now,
How do we safeguard under that premise, for the City of Miami, a fair parti-
cipation? Now there are two ways of doing it. One way which I don't think
we would ever get but which would be probably the best way, is for a certain
sum or a certain percentage of the total to be earmarked into legislation
itself. In other words, that the collection of all the bed tax in the City
of Miami--is•34%-•of the total and that we get 34% of the funds directly to
the City. --Now? again, Howard, that is a great idea but I don't think that
is going to happen. So let me tell you what I think is an acceptable substi-
tute to that, and I want to make a motion to that effect if I could this
morning after some discussion. The affected substitute is that we get on
the board a proportion to the amounts of moneys that are collected so that
at least we may not be able to get the money directly, even though I think
we have a good chance of doing that eventually, but that we know at least
that if 35% of the total is collected within the City boundaries of Miami,
we'll have 35% of the decision makers that will be looking after the inter-
est of the hotel industry and the tourist industry within the City of Miami.
Now, unless we can find a point of unity, and this is the main point, Miller,
;.:nless we can find a :Hain point of unity what is going to happen is we're
going to get nothing done and then what is today which is a very bad way of
doing it is going to continue. So I would recommend that along, and frankly,
when I got this memo I was, and you got a copy of it I'm sure in your office
from the Dade Chamber, I was shocked to see that the Miami Beach Visitors
and Convention Authority and the Miami Beach Chamber of Commerce have en-
dorsed this legislation and that the Bal Harbor Village Council favors the
concept with some reservations. Now, I really think that we are in a crisis
with the tourist industry. You saw in the paper a couple of days ago that
tourism is down 4% and it isn't just Miami, it is Palm Beach and Fort Lauder-
dale and everywhere. But we need desperately to address this issue and I
would like to make a motion, whenever we get a full Commission whenever we
get full Commission back again, that, Mr. Manager, that you be authorized
to sit down with Sid Levin and Woody Wiser and negotiate what is the best
thing for the City of Miami, but that in conjunction with Metropolitan Dade
County and Miami Beach we try to strike a unity posture because absent that
we're just going to keep on going in a negligent way. The City of Miami
really has very little to lose since we're getting nothing now and an awful
lot to gain from unity and we need to get away from a pie in the sky approach.
Now, if on the other hand, Mr. Manager, you and Clark Merrill..... Mike,
can we get Joe in here so we have a full Commission on this? If you Clark
Merrill can tell me that he can assure me that through our very able lobby-
ist, Rick Sisser, and through his efforts and your efforts, you can assure
me that we can pass, with the help of Larry Plummer and others, legislation
that will correct this and give us some money, then I will certainly take,
roll back my position and agree with Clark Merrill's position that we ought
to fight the good fight to the bitter end. Absent that kind of an assurance,
I think we've got to be a little bit pragmatic and approach this in a unified
community basis.
Mr. Plummer: Are we open to discussion?
Mayor Ferre: Absolutely, I just threw it out for discussion.
Mr. Plummer: Mr. Mayor, I've got to take some points of exception. As you
know, I serve as your representative even though it is unbalanced, as you
say, we only have one representative out of 7 at the present. The City of
Miami presently is getting $100,000 plus dollars for our Convention Center.
Second of all, we are receiving moneys out of the ports segment of 20% for
renovation to the Orange Bowl or on -going maintenance, whatever you wish to
call it.
Mayor Ferro: That's part of the law.
Mr. Plummer: That is correct. I find it extremely difficult, (1) to envision
a so-called unified super agency who is going to be supposedly selling con-
vention, tourism and promotion, the only agency that has no convention facil-
ities. Now, I have a problem with the fact that all of these years that
Miami Beach has had their bed tax that suddenly someone has realized that
their tourism has gone way down, and there are a lot of reasons for that,
reasons like turning hotels into condos because it was more profitable and
to apartments which were more profitable, not pumping any dollars back into
their hotels and to their convention facilities who suddenly realized that
rt .13 APR 61983
U
the City of Miami with their new Convention facilities is going to hurt
them even more and now we suddenly say, "let's unify". Well, the problem
is this: In the beginning, in the inception of this legislation let's not
be misled. It is very clear that these dollars, 50% of them will be taken
away completely out of the control of government. It will be contolled
only by the industry to do what they want.
Mayor Ferre: Not proposing that.
Mr. Plummer: You're not, but the legislation is.
Mayor Ferre: But we're not buying that. I'm not recommending that, who is
recommending that?
Mr. Plummer: That is being in the proposal of the legislation which has
already been entered into in a bill.
Mayor Ferre: No, J. L., look, may I repeat so we can an offer on this thing?
I want to make sure that we understand what we're doing here. We have a prob-
lem. The problem is that the tourist industry is in severe critical need of
help. That's one of our big industries. Joe, you were out for a moment.
And the other side of it is that we're presently collecting 5 or 6 million
dollars of money. Miami Beach collects 3 and Dade County collects 3 or 4.
The problem is that other than what we get for the Orange Bowl and the hun-
dred thousand that we get for our Convention Center, the City of Miami and
the people of Miami in the hotel industry is really not getting its fair share.
Now, what I'm saying J. L., and to you and the Commission, is give me an alter-
native. I read Clark Merrill's memorandum and the Manager's cover letter.
You say it's not acceptable, that Sid Levin and Ron Silver's bill is not ac-
ceptable - give me an alternative. Now what is your alternative? Are you
going to tell me that the alternative is that we get two cents? Terrific
Do you think you can pass that? If you tell me you can pass it I'm going to
vote with you. But if you can't tell me that then I'm going to say, do you
know what we're doing there? We're sticking our head in the sand, we're not
making any progress and Miami Beach is squandering that money in a terrible
way, they admit it themselves. Their Chamber of Commerce says "We can't con-
tinue this way" and in the meantime Miami is sitting on the sidelines getting
nothing. And all I'm saying is for God's sakes let's get together. Let's
get Miami Beach who has something to lose and Miami who has nothing to lose
since we have 0 and 0 is 0, I mean that is the first thing you learn in Math
101 - 0 + 0 = 0, we've got zero right now and zero and zero continues to be
zero. And therefore, what I'm saying is we're the ones who have the least
to lose in thie whole process since we don't have anything coming in now.
I think that if we can get out of this some proper representation on the
governing board and put the final authority of the budget, and it can't
come to the City of Miami even though I would not have any objections, J. L.,
if you wanted to put that in as one of the premises that Miami and Miami Beach
also sign off on the final budget along with Metropolitan Dade County, I would
have no objections to that if you feel that would give us a greater safeguard
on the moneys. I have a concern that that might be a tail wagging the dog
situation especially in the case of Miami and Miami Beach where we would
really only amount to at best a third of the total. But, if you want to
put that in as a safeguard I'll go along with that. But what I'm saying is
I'd like to make a motion at this time so we can get this thing either up
or down and Mr. Vice -Mayor, I pass the gavel to you and I would like to make
the following motion: That the City of Miami instruct the Manager to negotiate
with the Greater Miami Chamber of Commerce, the Black Chamber and the Latin
Chamber and the Miami Beach Manager an appropriate language that would safe-
guard us so that we could go to Ron Silver and the Dade Delegation in a uni-
fied way. I would accept the proposed legislation that Ron Silver wrote as
amended by Sid Levin which on Page 4, Line 2 says that the membership would
be based upon the amounts of money contributed to authority by each govern-
mental entity so that if the City of Miami is paying for one-third that we
would get one-third of the membership. Secondly, that the final authority be
vested in the Metropolitan Dade County as a Commission, and if you want to
put in as a safeguard that the budget must be approved by both the cities,
any city that contributes more than 25% of the total. Would that be accept-
able?
Mr. Plummer: I don't know what you're accomplishing by doing it, it is one
more safeguard but what are we going to do about the roughly half a million
dollars that we're presently getting for the Orange Bowl?
Mayor Ferre: And that the moneys earmarked for the Orange Bowl which was
voted upon previously be safeguarded.
.14 APR 61983
rt
I
Mr. Carollo: I'd like to get more information or. it, Mr. Mayor. That's
one member of this Commission, I'm not really prepared to go ahead and
vote for this. I want to make sure that the City's funds are safeguarded
100%. Every time we go into one of these little partnership deals with
Dade County we get the short end of the stick.
Mayor Ferre: Not to act today is not to act at all. So I'll remove the
motion and bring it back at the end of the day but not to act today is not
to act at all because the Legislative Session will be over. By the time we
meet on the 28th the session will be going on but in my opinion and that of
Ron Silver it will be too late to do anything. Now, they can do this with-
out.us, mind you, s&-,I don't think that it necessarily means that it won't
be done but I think we have nothing now and for us to sit and continue to
do nothing in my opinion is to be a perpetrator cf the problem that is going
on. So in the interest of giving you more time to discuss this and think
about it, if it is all right with the members of the Commission bring it up
at the end of the day and you can talk about it further.
Mr. Carollo: The only thing that I would like to bring up but I think it
goes hand in hand with what we're talking about here. Here we're going
through all this conversation and trying to do the best for this City and
this County as far as promoting tourism and on one hand the one thing that
has probably done the most to bring tourism into Miami and Dade County, we're
beating them over the head and I'm talking about the Miami Dolphins. Whether
we like it or not or whether there are people in this City that get along or
don't get along with the different personalities that run the Dolphins, the
Miami Dolphins are and have been the number one source of attracting tourism
to this City. I think that it is really shameful and it is wrong that we
can't sit down and work something out without having to go and threaten with
the NFL.and cause such a commotion that is only in the long run going to hurt
the City. So, Mr. Manager, as one member of this Commission, I am asking
that we, the City of Miami, our City administration sit down with the Miami
Dolphins and try to work a reasonable compromise out of this whole mess with-
out having to go out and threaten with the NFL and get into a really ugly
situation that is not going to do any service to this City.
Mr. Gary: Commissioner Carollo, I would agree that the Dolphins are a posit-
ive force in this City in terms of entertainment and also tourism but I must
let you know I've been in this City since 1976 and one of my responsibilities
since that time has been one of monitoring the contract that we have with the
Miami Dolphins. The contract is a very very fair contract in terms of not
only what they get from us but also in terms of contracts that exist through-
out the country with cities as it relates to the services and the use of
that facility and I can tell you right now that we have been more than fair
with Mr. Robbie and the Dolphins. The Dolphins have been late probably 99.9%
of the time in paying the measly_ amount that they pay us and secondly, we
have been more than fair in terms of negotiating settlements as you and I
and the Mayor were involved in last year in terms of a settlement or dispute
in terms of the facility. Now, it appears that the argument when we sit
down or at least when we attempt to sit down) and negotiate these settlements
the only response and the only negotiation that occurs with the Miami Dolphins
is one of basically, "You allow us to pay when we get ready to pay, you allow
us to do whatever we want to do because if you don't we'll leave the City of
Miami." I think fair is fair. We are reasonable with them in providing the
services, the use of the facility and the costs for those facilities. They
have not been reasonable with us, with the threat hanging over our heads
that they're going to leave. I think the citizens of Miami and this Commis-
sion has been more than fair and all we're asking them is to be fair with us.
We have attempted to sit down and talk with them, their position has been
"We're not going to pay the money even though the contract says so", always
trying to negotiate down the measly amount of money they owe us.
Mr. Carollo: What is that measly amount of money that they owe us or that
we get from them every year, Howard?
Mr. Gary: It's $45,000 a game, they have not paid us for three games and
we have asked them to pay us. They refuse to pay us. They are late on
their concession payment, they don't have the liability insurance, they
don't have the concession insurance, I mean surety bond. And these things
they agreed to in the contract and their position is, "We'll hold the money
even though we think we owe you some of it, we'll hold the money until you
agree to take this little bit of money that we agree to pay you" I'm just
saying that is just not a fair posture to be taking.
Mr. Carollo: Well, I just find it hard to conceive that individuals such
as the ones that we have negotiating for us in the City and their personnel
rt .15 APR 61983
4 41
cannot reach some reasonable compromise that will be acceptable to both
parties. I just think it is wrong that your saying that you haven't liked
in the past when there has been the threat that, "Well, the Dolphins are
going to leave". Well, I don't think it is right either for the City to
be threatening with the NFL because then what it does is the press has a
field day and the losers are the people of the City of Miami.
Mr. Gary: Well, first of all I've got to respond to two issues you have ad-
dressed. First of all, there is no negotiation in terms of what they owe us.
You know, we cannot negotiate that. You contracted with us to pay us "X"
dollars for the use of that facility whether you use it or not, you've got to
pay.us. Secondly, -the threat was not a threat. This City Commission hires
me to protect the interests of the City and we have options available to us
to protect that right. And one option is if they refuse to pay we have to
inform the NFL so that they get the option to pay. If we don't follow that
procedure then the NFL is off the hook in terms of their liability and what
we were doing was putting them on the hook or putting them on notice that
they share in that liability pursuant to the agreement that we have.
Mr. Carollo: The only other thing I want to ask, Howard, if I could be kept
appraised on a daily or at least a weekly basis as to where we're heading
on all of these negotiations and areas concerned with the Dolphins.
Mr. Gary: I would be happy to. And Commissioner Carollo, for your informa-
tion, it is not our intent to hurt Mr. Robbie or hurt the Dolphins or get
them to move out of town, that's not our intent.
Mayor Ferre: All right, very quickly Ernie, this is not a public portion.
Mr. Ernie Fannatto: ....put on the Commission Agenda for the next meeting
that can prevent that. Just about a minute, if you don't mind.
Mayor Ferre: Go ahead.
Mr. Fannatto: Honorable Mayor and members of the Commission, Commissioner
Carollo, you're 100% right, the Dolphins give us hundreds of millions of
dollars of publicity. We couldn't buy that for millions and millions of dol-
lars. We need them more than they need us. I think we need one another. I
would like to say this here: I was going to ask to be put on the agenda for
the next meeting and make a settlement. You know Robbie didn't start the
strike and Mr. Manager, even though you have a contract, if an act of God is
responsible for no games there Robbie wouldn't have to pay you. He didn't
start the strike. So I would just like to say this here: We need that
television, we need the Dolphins, we want to keep them here in the future
and some limited, and I'm repetitious but let's make a settlement, let's go
half way and say, Mr. Robbie, pay us half, we'll pay the other half. Let's
keep good will with Robbie, with the football fans and let's keep this mil-
lion dollars worth of publicity, hundreds of millions of dollars of public-
ity which we need.
Mr. Dawkins: Mr. Mayor, I hate to prolong this but you do not have my vote
on this sitting down to nothing, that is one vote you do not have.
Mr. Plummer: You've opened a can of worms.
Mayor Ferre: Well, can we move along?
Mr. Plummer: No, no, no. You opened up the can, let's go ahead. You know,
how soon we forget - how soon we forget that Mr. Robbie stood in front of
the NFL Owner's Association and said, "Don't send $100,000,000 Super Bowl
to Miami because they won't build me a stadium". Now, let me tell you, I
don't forget because he got personal with me, and that doesn't bother me,..
Mr. Carollo: I'll bet.
Mr. Plummer: No, not at all. Let me tell you something else that we had
better remember - that the average across the United States for NFL Fran-
chises in a major facility pay between 8 to 12% of gross - that's average.
Mr. Robbie enjoys with the City of Miami a 4%, half.
Mayor Ferre: Mr. Plummer, I don't mean to interrupt you but I'm going to
and let me tell you why.
Mr. Plummer: I didn't open the subject.
Mayor Ferre: No, let me tell you why I'm interrupting you.
rt
.16
You know you
APR 6 1983
t
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each have an opportunity to have your own little pocket items and I'm in
the middle of my pocket items....
Mr. Plummer: We don't have big pockets like the Mayor.
Mayor Ferre: ... and you guys ramble on on issues, now you had your crack.
Now finish your statement, please, let me finish my little pocket item and
get the hell on the agenda, please.
Mr. Plummer: Mr. Mayor, I would ask the City Manager in compliance with Com-
missioner's.request that Mr. Manager, you schedule for the next Commission
Meeting thi,$ item and then let's discuss it as a full Commission item. I
have no problem with that.
13.- DISCUSSION OF CONDITIONS OF JAPANESE GARDEN ON WATSON ISLAND,
REFERRED TO THE CITY MANAGER.
Mayor Ferre: Mr. Manager, the last item that I have as a pocket item, I saw
in the paper this morning an article which was really a sad thing, "Gem of
a Garden Fades in Squalor and Decay" about the Japanese Garden. Now, it is
kind of an atrocious story and it makes you wonder. I don't know, is Carl
Kern around? Carl, may I, Mr. Manager? Carl, let me tell you what my prob-
lem is with it. I have not seen the Japanese Garden so I don't know, I as-
sume that this is an accurate report. I realize that it is impossible to
keep the Japanese Garden in the conditions that Mr. whatever his name is who
gave us this major donation back in 1961. Okay? And I think it was a great
day for Miami and we kept it up for a long time. Let me tell you what the
problem is that I have with this story. I know that it costs a lot of money
to maintain a Japanese Garden in the conditions that it was but, Carl, it
doesn't cost a hell of a lot of money to keep feces and broken bottles and
the smell of urine and graffiti and that type of thing, I mean you're not
talking about a lot of money. Now, all it takes is just a little care. Now,
I realize you have to close the park off but I also realize that you don't
have to let this kind of a condition set in. I know you don't have money
to maintain a Japanese Teahouse, I understand that and I'm not going to argue
with you about that. But I will not and cannot accept the Parks Department
and the City of Miami Administration permitting a gem like this to be, I
mean feces and graffiti on the image of Buddha or whatever it is is some-
thing that a little care and not a hell of a lot of money would have prevented. Now
what possible excuse can you have on it?
Mr. Kern: Well, sir, all the workers in Watson Island have been laid off.
Watson Island is visited once a week by a mobile maintenance crew. This
was done in the last two or three years because of the budget reductions.
I believe the City Manager forewarned you that there would be a loss in ser-
vice when we eliminated many of these parks positions and now we are paying
the price. We have this problem and many other problems. I do agree with
you we should clean up the mess but there is no solution until we get some
staff or some program for that park.
Mayor Ferre: Mr. Kern, do you want me to solve it for you?
Mr. Kern: Yes, sir.
Mayor Ferre: I will solve it for you. Commissioner Plummer, I would like to
make a motion and the motion is to strongly recommend it to the Manager that,
how many people do you have in your Department?
Mr. Gary: Mr. Mayor, I don't need a motion, I got the message of the Com-
mission and we will resolve the problem.
Mayor Ferre: I mean for God's sakes, you tell me you don't have two men to
spare once a month to go there and take some soap and a brush and scrub off
the graffiti and have somebody pick up the feces and the broken glass once
a month? You don't mean to tell me that that would take care of that sit-
uation?
Mr. Gary: We'll address the problem.
Mayor Ferre: Thank you, sir. .1 7
APR 6 1983
rh
a
Dr. Jane Theede: Mr. Mayor, Dr. Theede, 150 S. W. ith Street.
Mayor Ferre: You have one minute and you have one minute. Go ahead.
Dr. Theede: This is more than just a problem on Watson Island. This is
a problem in many other parks but the major problem is we have many old
people that are sitting in public housing that were accustomed to maintain-
ing gardens and now they're without this and I don't see why the Commission
cannot organize something to give these old people a chance to utilize their
talents and a reason to live and a reason to have pride in this City and I
think that the City is neglecting part of its responsibility to the elder
citizens by not providing them with something to exercise their abilities
and I doh t*thihk that we should really have to depend on our hired help
to do things that people would be happy to do.
Mayor Ferre: All right, Mr. Kern, why don't you get together with Dr.
Theede and see if she wants to volunteer or get a group of people to organ-
ize a senior brigade to help us with our parks and gardens. All right, sir.
This is Mr. Sagnopsky.
Mr. Sagnopsky: Good morning. First of all I wanted to mention that I think
it is a sign of good government and your flexibility that you have this hour
in the morning to bring up these items because I have been at some Commission
Meetings before and they do often go late and if a person wants to just brief-
ly bring up something I think it is appropriate to do it before hand but I
think also try to schedule the meeting for the rest of the public for 10
O'Clock......
Mayor Ferre: Mr. Sagnopsky, you have very little time.
Mr. Sagnopsky: You have brought up basically what I wanted to bring up.
The article was incorrect this morning, the park, the Japanese Garden has
not been closed for 6 months, it has been closed and locked up for over
two years and when I was a child, I grew up here and was born here, I used
to go there with my family and it was a beautiful site and it is disgusting
now and it is also insulting to the citizens of Miami as well to any Japanese
or foreigners that might come here. So I would recommend or request that
the Commission ask Mr. Kern to come up with a report by the June 9th Meet-
ing as to what the future of that Japanese Garden will be in this City be-
cause it is terrible.
Mayor Ferre: I think that is valid. All right, thank you, sir. Mr. Manager,
would you have the appropriate people by June give us.a recommendation for
what to do with the park?
Mr. Gary: What date does this Commission want?
Mayor Ferre: June, just a recommendation.
Mr. Gary: We'll try by June.
Mayor Ferre: Well, do you want to make it July?
Mr. Gary: I think that would probably give us adequate time to research the
matter.
Mayor Ferre: Let's say by the first meeting of July. Okay.
rt 18 APR 61983
I
A
14.- DISCUSSION OF WORLD TRADE CENTER TOWER AND PARKING GARAGE, URGE
DADE SAVINGS TO APPLY SKIN ON PARKING GARAGE AND CONTINUE WITH
FINALIZING AGREEMENT AND TIME FRAIS FOR CONSTRUCTION OF THE
Mayor Ferre: Item•"B", Mr. Grimm, the Chair recognizes you.
Mr. Vince -Grimm: Good morning, Mr. Mayor and members of the Commission, my
name is Vince Grimm. My address is 12050 S. W. 63rd Avenue. I'm here repres-.,
enting the City as a consultant specifically for the World Trade Center Tower.
As the Commission knows, when we started this project there were four parts.
Three of those parts, the River Walk, the Convention Center and the Garage
are basically complete and in operation. The remaining part of that puzzle
is the world Trade Center Tower. There is an agreement between the City and
Dade Savings which requires that Dade Savings build this tower for World
Trade Center purposes. The Dade Savings has been formally put on notice by
the City at the end of last year that that platform was ready for them to
start their construction. Obviously, we've all heard stories about their
difficulties and, of course, the economics of the country haven't helped
either. But today I have asked Marshall Harris to come here before this Com-
mission to tell you formally where Dade stands and what Dade is going to do _
so that the Commission may formulate whatever policy they want the adminis-
tration to carry out.
Mr. Marshall S. Harris: Mr. Mayor and members of the Commission, I'm Marshall
S. Harris of the law firm of Harris and Serkin. Our firm is associate counsel
to Dade Savings and Loan Association. I am here at the request of Mr. Grimm
to bring you up to date on where we stand. I would like to do that in two
segments if I might. Segment one concerns the position of Dade, and, as you
may know, Dade is in the process of being acquired by an over -the -counter -
company, Westport Company, and that merger has been occupying a good deal
of our time and also preventing us from necessarily moving in come areas as
rapidly as we would like because under our contract for the merger, the merger
partner, of course, has the right to examine those things that we are doing
on an on -going basis including and almost primarily the World Trade Tower.
That application for the acquisition, the contract was entered into prior to
the 30th of September, it has been sitting with the Home Loan Bank Board, we
are told that on the meeting on the 29th of April the Home Loan Bank Board
in Washington will make that decision. Everything that I have heard has
indicated that that decision will be affirmative. That segment of it, and
that is a major problem to us, that's not your real problem, you're wonder-
ing why the building isn't being built. The building isn't being built
primarily because the Westport Company when they looked at the plans and
the contracts said that there were modifications - Westport is a major
developer both in New York and Chicago, as a matter of fact, their Chicago
building I guess is probably going to be one of the largest buildings in
Chicago and is now open, renting and being occupied both for office space,
condominium, rental space and other commercial space. They looked at the
plans and said that there were modifications to those plans that could oc-
cur. And I'm not talking about the shape of the building or what it will
look like but the way it is to be built that could greatly reduce the cost
and they felt that that was essential. They have gone forward, however,
with two of the contracts because they felt those two contracts would go
forward under any circumstances. Those contracts were the Cupples Contract
for the exterior skin - Cupples, they are a major extruder and designer of
these exterios facades out of St. Louis. You'll be pleased to know, if
you're not already informed, that all of the skin for the garage has al-
ready been fabricated and is in storage either in St. Louis, elsewhere on
the east coast or in Miami and in matter of fact, Cupples has been in the
process and will by the middle of next week have the first floor of typical
tower floor finished as well. That is going forward because that takes a
lot of time and, therefore, we needed a great deal of lead time. Secondly,
the high speed elevators, both the garage elevators and the elevators for
passing through the garage and then into the tower, transfer elevators,
have been under contract with Westinghouse, Westinghouse was off the job
for a short while, Westinghouse will be back on the job on Monday, I'm not
even positive why they left for two weeks but they did and somebody will
tell me one day but I'm just happy they're back on. The two major sub-
contracts which are the concrete sub and the HBAC sub have both been re-
designed and new specs and a new bid package, both of those bid packages
rt .10 APR 61983
will be out in the middle of next week. We expect, therefore, that by the _
latest by May 1, we will have both of those sub -contract bid packages back
in with a successful bidder. Those four elements, the skin, the elevators,
the concrete and the HBAC represent 62% of the construction cost, slightly
over $31,000,000 of a $48,000,000 base construction cost. We have not yet
made a firmative decision on whether to go forward with Hyman to do all of
the remainder, to do it under a general contract with those four sub -contracts,
that's still up in the air. I chatted with Mr. Al Tarabouri who is WestPort's
construction man in Chicago on Monday and he said that that decision is yet
to be made, it will in large measure depend, I think, on what the concrete
and.the- HBAC subs come back at. That's the status of where we are. West- _
Port has evidenced to -the Home Loan Bank Board that under any circumstances
they are going to go forward and build the building. We have, however, on
a number of occasions been approached by people who wanted to either joint
venture or purchase the structure from us at some point. We have explored
those, those have not panned out, not because the people weren't willing
but because this is a very unique kind of project and very often people with _
some burst of enthusiasm think they can come into this when they take a look
at some of the complexities of the transaction they realize that it might be
a lot easier to buy a piece of land some place and build their building from
the ground up like most people do. But we have, and I do want to thank Mr.
Kenzie particularly because Roy has helped, he has known that we were recept-
ive to listening to joint venture offers particularly before we knew where
the Westport deal was and now that we know that I think we have very little
problem. I'd be happy to answer questions.
Mayor Ferre: Marshall, I have a few questions. In the first place, I mean
we don't want to get into a speculative what -if process this morning and I'm
not going to ask you what if the Home Loan Bank doesn't approve it but I am
going to ask you if the Home Loan Bank by any chance were not to approve the
merger or the purchase by Westport, is Westport committed to build the build-
ing?
Mr. Harris: No. Westport is committed to build the building only if it
acquires the Association.
Mayor Ferre: Then let me ask of the Association itself, is the Association
ready to proceed with the construction should the Westport merger not be
approved?
Mr. Harris: Yes, they are, but they would not be able to proceed, I think
it is fair to say on the timetable that they would if Westport were approved
as a merger partner.
Mayor Ferre: I have kept abreast through Roy and others and I have frankly
in a quiet kind of a way tried to encourage as many people as I could to
participate with you and your associates in trying to move this thing forward.
Mr. Harris: we realize that and we are very appreciative, Mr. Mayor.
Mayor Ferre: And if I can in the future, I will continue to do so to help
as much as I can. Now, I've got two other questions. One is I am not clear,
and perhaps we need to clarify what the exact contractual obligation is be-
tween the Savings and Loan and Worsham Brothers with regards to if they have
any rights. Worsham seems to claim, Vince, that they have some kind of a
right to request that a bonified negotiation go on with them to give them
the right to re -purchase and that they have a 60-day or a 90-day or whatever
it is to do that. Now, there seems to be some question about that and, Mr.
City Attorney, Mr. Garcia -Pedrosa, we may need eventually, I don't think we
need to get into it now and I don't want to get into it now but eventually
we're going to need to get into a legal clarification of that.
Mr. Harris: Mr. Garcia -Pedrosa will not be the person involved. Counsel
for Dade and Cousel for Worsham may very well have a disagreement as to
whether or not, good faith negotiations have already occurred.
Mayor Ferre: See, Marshall, you sav that Mr. Garcia -Pedrosa will not be
involved, but if, for example, that triggers off a problem in Washinqton
and there is a request for us to remedy that then I think there is a legal....
Mr. Harris: I was only speaking, sir, of the very narrow issue of whether
under a letter agreement between Worsham or Miami Center Associates more
properly I believe, and Dade, Worsham has or has not been given the adequate
rt A0 APR 6 1983
time to produce a contract satisfactory to the Association, did we exercise
good faith in going through that process.
Mayor Ferre: I'm not interested in that, that is between you and them. My
only interest is as it affects, if it should affect the City of Miami in
proceeding on this and getting this thing built.
Mr. Grimm: Well, I certainly am not going to pre-empt the City Attorney's
opinion, Mr. Mayor, but my opinion is that the City has a contract with Dade
Savings to develop the tower, period. And Worsham is not a part of that con-
tract nor is Miami Center Associates nor is any other corporate name that
they may have.
Mayor Ferree I understand, but they claim that they have a letter of agree-
ment that they have a certain number of days to repurchase and I wouldn't
want that to end up being a thorn or create a problem in where we fall into
a hiatus where there is a lawsuit going on that triggers off something else
in Washington and I don't think, Mr. Garcia -Pedrosa, that this is the time
for the City of Miami Law Department to get involved in this but I'm just
saying this on the record so that should past April 29th there not be some
definitive progress in this that we be ready legally to get into understand-
ing what the legal ramifications and issues are not as between these two
private parties but as it affects the City in our posture in Washington which
is my second question.
Mr. Grimm: I have been in continual contact with Mr. Heaton Nash who is
legal representation for HUD involving this specific project. Mr. Nash has
been informed of the possible merger between Dade and Westport and has no
problem with that. Last week I received from HUD an amendment to our grant
agreement which leaves a blank space for the developer so HUD is not con-
cerned with who the developer is. HUD's primary concern involves two things
and one of those I want to put Mr. Harris for a reasonable time frame, that
a contract or contracts be awarded which will show that a tower worth at
least thirty-seven and a half million dollars is going to be built and second
that at least 300,000 square feet of the minimum 500,000 square foot required
be used for World Trade Center purposes.
Mayor Ferre: How much?
Mr. Grimm: 300,000 square feet of 500,000. And the third element of their
requirements are that we start construction and they say May 1st but in
phone conversations with Mr. Nash that date is flexible. But I would like
to have something at least to report back to him.
Mr. Harris: I think to touch on those issues, the 300,000 I have no authority
on because that is new. Our commitment right now under contract with you,
Mr. Mayor, based on our lease is 250,000, 50% of, but I don't think that is
a problem because quite truthfully under the definitions under that lease
we qualify for the whole building I think, almost every tenant will qualify
as being in the definitions of the required space as tenants. The other
question about when we will do it I have already addressed. We will have
contracts on 62% and I am sure, Vince would have to confirm it with Heaton,
I am sure that they will take signed contracts on 62% of the building - 62%
of the building virtually equals the figure they have had all the time which
is 37.5 million as the minimum construction cost. We obviously are not going
to build the building and put what 62% of the building is in the building
and not do the other 38%, so I think that I'm sure that we can, that I can
make the assurance to the Commission that if the merger goes through then
they by May 31 at the latest, we will have in their posession contracts
that show we are building the building if 62% means that. I think that it
may be a couple of weeks after that before we have the other 38%, that is
I think just detail.
Mr. Grimm: Thank you, Mr. Mayor and members of the Commission, I do think
it would be appropriate this morning if the Commission would pass at least
a motion to the Manager to continue negotiations with both DAde and HUD
towards achieving this World Trade Center Tower.
Mayor Ferre: Well wait a minute, why do we need that?
Mr. Grimm: Well, because we have to formally enter into an amendment in the
grant agreement with HUD. That agreement was approved by the City Commis-
sion. We certainly would not sign it and execute it.....
Mayor Ferre: Why is it being modified at this time?
.21
APR 8 1983
rt
Mr. Grimm: To extend the dates.
Mayor Ferre: I see.
Mr. Grimm: And we want to be able to formally continue that and we certain-
ly would bring it back for your approval before it was executed.
Mayor Ferre: Mr. Manager, I assume you're....
Mr. Gary: Mr. Mayor, I concur with this based on the philosophy that they
have committed 62% of, the dollars. I would probably like to add and to get
Mr. Harris _on the record. obviously, their lack of activities have some
effect on our parking garage not only in terms of customers but we have some
other reasons for that too but also the fact that the skins aren't on and
the building really doesn't look that presentable. And I'd like for Mr.
Harris to comment on it as to whether or not they can put the skins on and
at least complete the garage even though it is going to take longer to do
the Trade Center itself.
Mr. Harris: I really can't answer that Mr. Gary. I do know that I was told
by Mr. Terrabori that the reason the skin is not being installed now is because
some of the initial construction work should logically start before the skin is
placed on, elsewise the skin will be damaged quite logically in the course of
that later construction. I will be happy to inquire of him as to whether the
skin can be put on._part of the building and leave a side open, which would be
the sidit-we would hall materials up. I really don't know enough about the
techni:al-aspect.
Mr. Gary: Well, Mr. Mayor, I would like to add that I think it's a cost that
the developers have to pay for the inconvenience that they are causing the
parking garage in terms of their inability to move as fast as they had originally
promised in terms of constructing that facility and I think if they should take
that risk in terms of the amount of damage that may occur to the skin, but we
should get the skin on the building so it begins to look presentable and it
would have an aesthetic affect, beautifully...
Mayor Ferre: I concur with you Mr. Manager, now is there something that we
need to memorialize somehow?
Mr. Gary: Well, I think the Commission should inform them of that. I think
we have been... we don't have any disputes with what they say, but I think
we have been more than reasonable in terms of trying to work through the
problems that exists, a number of which have been those of Dade Savings and we
understand their problems, but I think they need to understand ours and I think
the City Commission should, you know, inform them by motion that we want this
done.
Mr. Harris: I would appreciate that personally Mr. Mayor, only because then
armed with that I'm sure I can convince the association to do what the Manager
suggests, but I do say that there may be one side or a portion of one side that
we leave blank only so we would minimize the damage to the skin.
Mayor Ferre: Mr. Manager, would you phrase the motion and then we will get to
see if somebody wants to make it here.
Mr. Gary: I think the motion should read Mr. Mayor, that the City Commission
is urging, strongly urging Dade Savings to place the skins that are presently
in storage for the sides of the garage immediately on the garage.
Mayor Ferre: For the purposes of finishing the garage so that we can get it
rented.
Mr. Gary: Exactly.
Mayor Ferre: Is there a motion to that affect?
Mr. Plummer: So move.
Mayor Ferre:. Plummer moves, is there a second?
Mr. Perez: Second.
Mayor Ferre: Seconded by Perez, further discussion, call the roll.
The following motion was introduced by Conmissioner Plummer who moved its
adoption:
MOTION NO. 83- 284
A MOTION STIPULATING THAT THE CITY OF MIAMI COMMISSION GOES ON
RECORD STRONGLY URGING DADE SAVINGS & LOAN ASSOCIATION TO PLACE
THE SKINS PRESENTLY IN STORAGE TO BE PLACED ON THE ALREADY COMPLETED
PARKING GARAGE BASE STRUCTURE OF THE WORLD TRADE CENTER.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote-
.23
gl APR 61983
a 41
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.
Mayor Ferre: Now, on the other motion. The motion... Vince, why don't you
word the motion for us.
Mr. Grimm: A motion authorizing the administration to continue negotiations
with Dade and with HUD for the purposes of finalizing an amendment to the
original 1980 grant agreement and further requesting Dade to formally establish
a time frame in which to accomplish these negotiations.
Mayor Ferre: Alright, is there a motion?
Mr. Plummer: So move.
Mayor Ferre: Moved by Plummer, is there a second?
Mr. Perez: Second.
Mayor Ferre: Seconded by Perez, further discussion, call the roll.
The following motion was introduced by Commissioner Plummer who moved its
adoption:
MOTION NO. 83- 285
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO CONTINUE
NEGOTIATIONS WITH DADE SAVINGS & LOAN ASSOCIATION AND HUD FOR THE
PURPOSE OF FINALIZING AN AMENDMENT TO THE ORIGINAL 1980 AGREEMENT
FORMALLY REQUESTING THAT THEY ESTABLISH A TIME FRAME FOR CONSTRUCTION
OF THE WORLD TRADE CENTER TOWER.
Upon being seconded by Commissioner Perez, the motion 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.
Mayor Ferre: And good luck to you at the home loan banker on April 29th.
Mr. Harris: Thank you, very much, Mr. Mayor, I would just like to think the
Commission, but particularly staff of the City Manager's Office, Mr, Grimm
particularly because these have been difficult situations and they have helped
us a great deal. We appreciate it.
Mayor Ferre: Good luck.
Mr. Plummer: Two questions of Mr. Grimm. Mr. Grimm, can you give me an
approximate date as to when the walk over from the garage to the convention
facilities is projected?
Mr. Grimm: It's supposed to be done by June of this year.
Mr. Plummer: Does it look like we are going to meet...
Mr. Grimm: I think so, yes. •24
APR 61983
91
Mayor Ferre: You haven't even started, how can you do it by June.
Mr. Grimm: Yes, we have. He is talking about the glass cage that goes from
the garage to the....
Mr. Plummer: Yes, over I-95.
Mr. Grimm: Not over, under.
Mr. Plummer: Under, I'm sorry.
Mr. Grimm Yes, by June.
Mr. Plummer: Ok, second question... ,
Mr. Grimm: The foundation is all in Mr. Mayor. The glass cage part is being...
Mayor Ferre: Is that going to be air conditioned by the way?
Mr. Grimm: Yes, air conditioned with an escalator at the end and a stairway.
Mr. Plummer: The second question, the canapy over the entrance to the hotel?
Mr. Grimm: You all awarded the contract in that in January if I'm not mistaken
and the structural steel part of that is in fabrication and I believe it should
be going up this month.
gl
P
15. DISCUSSION OF AFFIRMATIVE ACTION PROGRAM, DECLARE POLICY THAT NEW
HIRES OF THE EXECUTIVE ADMINISTRATIVE LEVEL BE PURSUANT TO
PERCENTAGES CONTAINED IN MOTION 83-286.
Mayor.Ferre: We ar.e now on Item "H", discussion of the Affirmative Action
Prograd.- Mr. Manager.
Mr. Gary: Mr. Mayor, you have in your package a position paper that I asked
Mr. Krause to prepare in response to a concern this City Commission raised
at the last City Commission meeting with regards to various apspects of our
Affirmative Action Program and how we accomplish it. Simultaneously with
that, you also asked that the Police and the Fire Chief come before you to
discuss this item as well as other items related to Affirmative Action and
specifically the achievement goals with regard to employment, and the promo-
tional goals with regard to promotions. I would like to begin, Mr. Mayor, if
we can to have Mr. Krause explain the position paper. If you have questions,
you can ask him. Then I would suggest, sir. Mayor, that we go to the Police
Chief and the Fire Chief and address those concerns that you have.
Mayor Ferre: All right sir. Go ahead, Mr. Krause.
Mr. Robert Krause: Mr. Mayor and members of the Commission, what I prepared
essentially were data sheets of factual information that would be of help to
the City Commission in deciding on the policy issues that have been discussed.
The first item was the discussion of the the goal of 80% of minorities and
women in upper management positions and we took a look at that I guess from
two standpoints, because we have a couple of definitions of what upper manage-
ment is. E.E.O.C. has one definition. They use the term officials and admin-
istrators and that is a fairly broad definition and then within the City
government we have an executive pay plan which is a somewhat narrower group
of jobs. We looked at both of these and we concluded that our two major -
departments are the Police Department and the Fire Department and that for
the next few years, it will be difficult for the City achieve more than 50%.
Yes, Mr. Mayor?
Mayor Ferre: I just don't want you to go off on a tangent with confusion,
and this memorandum shows that you are confused, or perhaps I didn't read it
right and I didn't hear you right. Now, I waited to hear you to see... let
me see if I have probably read it wrong. Let me stop you in the interest of
time. I am not saying that we are going to get 80% of the Administration
in Black, women and Hispanic positions this year. What I am saying is, that
as you will recall in the Police Department, when we finished the Consent
Decree, we had a 56% agreement, (I think it was 56%) for hiring of women and
minorities in the hiring posture of the City of Miami Police Department.
That was agreed upon between us and the Justice Department and concurred be-
fore the Court, even though it was challanged. Now, as you will recall, and
I was the author, and Father Gibson was here then, and we are talking about
three or four years ago, as I recall - I made the motion and I think it was
unanimous that we not go to 56%, but that we go to 80% in both the Police
and the Fire. Now, it is that 80% that has given us these dramatic surges
in the past four years in the Police Department. It was that motion in the
City Commission insisting that we go to the 80% rule. Now, all I am saying,
what I said at the last Commission meeting, is not that you go to 80%. I
know you can't go to 80% in a year, obviously. We didn't go to 80% in a year
in the Police Department. I didn't ask for that. That wasn't what I was
talking about. What I said was, that as we hire administrative positions in
the one hundred and twenty five administrative positions, that we adhere to
an Affirmative Action in the upper echelons, especially in the case of women,
by the way. I happen to think that where we are the worst represented in
the top administrative positions is with women. Now, all I am saying is,
as you go out and hire department heads, senior people, and what have you,
that I wanted to make a motion here, which I said I would hold up until
this meeting, that at the upper echelons of government, 80% of all the hiring
that we do, (new hiring) be women, Blacks or Hispanics - women or minorities,
period! That is all. I am not saying that you are going to get to 80% by the
end of the year, of course not! That is impossible.
ON
M
APR 6 1983
ld
J1 0
Mr. Krause: Yes, sir. I understand that and the purpose of the calculations
was to indicate the kinds of action that the City Manager would need to take
in order to achieve that over a period of time. And because of the fact that
so many of the upper management jobs in the City Government are in the Police
and Fire Department and because of the fact that it would be very unlikely
that the Manager would be able to achieve a rate in excess of 50% in those
departments during the next few years, it would mean that in order to achieve
an 80% goal for hiring or promotion into upper management positions, the other
Jobs in this City Government would have an effective goal somewhere in
excess of..90%.
Mayor Ferre: What?
Mr. Krause: In excess of 90%.
Mayor Ferre: Bob, so we can get on with the discussion of this, Mr. Manager,
I am willing to moderate my position from 80%, okay? But, on the other.hand,
I am not willing to accept this 40% that Mr. Krause is recommending that we
do. The fact is, that in the past year, as your memorandum itself points out,
twenty-one people were appointed or promoted to official administrative posi-
tions. Fourteen of these, which is 67%, were minorities and women, so I am
willing to come down from the 80%. I am certainly not willing to go down to
40%. I think we need to get something that high, that this Commission sends
you and sets as a policy for you to follow - that we want more women and
minority hiring in the upper echelons of government in this City. Now, you
give me the figure that you think is reasonable.between 40% and 80%.
Mr. Gary: 41%.
Mayor Ferre: No. sir!
Mr. Gary: Mr. Mayor, in all seriousness, I have no problem with goals. I
think we demonstrated in upper management that we are affirmatively moving
forward to get minorities. I think what we are trying to accomplish is to
set a goal that is reasonable, that can be achieved, so that we won't be
geared to failure. I think that is the bottom line.
Mayor Ferre: You did 67% last year.
Mr. Gary: Yes, Mr. Mayor, but I guess what Mr. Krause was explaining to
you is that there are less positions in upper management are there are less
opportunties in terms of promotion of upper management and the 80% goal is
not reasonable. I would agree, Mr. Mayor, that let's do 50%.
Mayor Ferre: You are good! You really are! Bob, let me ask you this.so.we
can get on with it. You hired twenty-one people, okay? These are people
that were appointed or promoted, okay? Now, how many of the twenty-one were
appointed and how many were promoted, because we have got to apples and
oranges separated here. I am going to ask you how many women, how many Blacks
and how many Latins, so you can start looking that up while you are at it.
Mr. Krause: There were nine people hired during 1982.
Mayor Ferre: All right, let's start this with the hiring. All right, nine
hired. Tell me how many were women, how many were Black.
Mr. Krause: Understand, please, that these are what E.E.O.C. defines as
officials -and administrators.
Mayor Ferre: Fine, I will accept that.
Mr. Krause: They are not some of the people that the Commission regards as
upper management.
Mr. Gary: Right.
Mayor Ferre: Got you!
Mr. Krause: Six of those were minorities and women. Four of them were women,
as a matter of fact.
.27
APR 6 1983
741
11
V.
Mayor Ferre: All right, four women. Okay. How many Blacks?
Mr. Krause: There was one Black male, one Latin male.
Mayor Ferre: One Black male and one Latin male. All right.
Mr. Krause: Three Anglo females and one Black female.
Mayor Ferre: Three White women...
Mr. Krause: Three White women and one Black woman.
Mayor Ferre: One Black woman.
Mr. Krause: And three Anglo males.
Mayor Ferre: So it six and three.
Mr. Krause: Yes, sir.
Mayor Ferre: And of the six, four were women, of which there was one Black
woman. There was one Black male and one Latin male.
Mr. Krause: Yes, sir.
Mayor Ferre: Okay, hired. Now, how about promoted?
Mr. Krause: Promoted, there were twelve.
Mayor Ferre: I understand, E.E.O.C. definition.
Mr. Krause: Yes, sir. Those included three Black males; three Latin males.
Mayor Ferre: Three Black males, three Latin males.
Mr. Krause: Two Anglo females and four Anglo males.
Mayor Ferre: So, in this case, it was three Black males, three Latin males
and two Anglo women, so it is eight out of twelve.
Mr. Krause; Yes, sir.
Mayor Ferre: Now, was that a difficult thing to do? And you really struggled
with that, achieving that 67%?
Mr. Krause: No, I don't think it was particularly difficult, but I think
things fall from one year to another. For example, my papers say that 67%
were promoted or hired last year, but thentat the beginning of this year, one
of the major things that the City has done is to promote twenty-two police
officers, and 50% of those were minorities and women.
Mayor Ferre: 50%?
Mr. Krause: Yes, sir. The figures this year will be somewhat different than
the figures last year.
Mayor Ferre: Well, I think the idea, and I will tell you as I go move around
the country and see different cities and the way they operate, I am more con-
vinced than ever that for us really to have a smooth city, at the decision
making level you need to have representation of the community the way the
community is. And if that community happens to be 25% Black and 60% Latin,
which is what it is in Miami, you need to have more than a 10% representation,
or a 20% representation. I am not saying that we have to immediately go up
to 60% Latin in every department. I am saying that the more we approach
that, the more reflective it is of the what our world is all about. Now, I
think this is a good record, Mr. Manager - 67%, I think is something I think
we should be very proud of, and I think the fact that you have four women out
of nine in the hires, and two women in the promotions, and I understand that
it has to be less, because there are less women to promote and we have very
few women, really, in the upper echelons of government in Miami, so we really
have to make up for that in the hiring process, so I am happy that four out
of nine were women. You know, I think that is appropriate. On the other hand,
APR 6IM
Id
one Latin out of nine in the new hires, is certainly not reflective of the
way this...out of nine new hires, there was one Latin male, that is it. There
were two Blacks, which is not too far from the work —but it doesn't move...
Mr. Gary: Yes, but Mr. Mayor, remember, this is as of December of 1982. Some
other things have happened since then.
Mayor Ferre: Oh, yes.
Mr. Gary: It doesn't include Rodriguez, the Planning Director.
Mayor Ferre: Well, look. What we are trying to get to is to figure out,
remember, to tell you what happened again, I made a motion last time. `
Plummer said "Let's have us hear from everybody, that will give us a month to
think about it." And it is here again, and I just want to say that today
I would like to move a policy for you to follow, and I am going to get to
that magic figure. If it isn't forty and it isn't eighty, and you say 50%.
Now, let's hear from the rest of the Commission.
Mr. Gary: If I may, under discussion, Mr. Mayor. I think there is a dif-
ference and I think that Mr. Krause was trying to explain to you - those
positions that are in executive pay plan, which are the top echelon posi-
tions, which I think you were trying to address, as opposed to those in
the official administrative category. Now, obviously, it is much easier for
us to achieve a higher goal in the executive than in the official administra-
tive for a number of reasons. First of all, in some of those, there are pro-
gressions in terms of the title. Secondly, the base, or the population in
which you select —and what I would probably recommend, Mr. Mayor, is that
we set a real high standard for the executive and all those positions that
are appointed.
Mayor Ferre: I got you. Okay, 80% for one and 50% for the other.
Mr. Gary: Good.
Mayor Ferre: I got you. Now, how many people are we talking about in the
executive? There are one hundred twenty-three official administrator posi-
tions with E.E.O.C. Now, how many are we talking about, just in your defi-
nition?
Mr. Krause: Ninety-seven.
Mayor Ferre: Okay. I will tell you, I for one - I am just speaking for one
here - I would accept that on the ninety-seven portion that we go to 80%, and
that on the one hundred twenty-three portion, which is the E.E.O.C. definition,
we go to a minimum of 50%. I am talking about all total. That includes the
80%... obviously if you hit 80% of ninety-three, you are going to hit 50% of
one hundred twenty-three.
Mr. Carollo: Mr. Mayor, I will speak for myself. I think that the half -way
mark between 40% and 86%, so the minimum figure that would be acceptable to
me is 60%. Now, at the same time, if the City is approximately 60% Hispanic,
and approximately 25% Black American, I think that out of that 60%, it should
reflect the same figures that is the makeup of this community.
Mayor Ferre: That has been the original purpose from the beginning. In other
words, what is sauce for the goose is got to be sauce for the gander. Go ahead.
Mr. Dawkins: Mr. Manager, would you call Dr. Daniels up, please? Dr. Daniels,
a couple of meetings ago, I asked you if you would help me by preparing some
overlays so that we could realistically look at this wonderful magic 80% re-
cruitment and compare it against promotions. Do you have those?
Dr. Hattie Daniels: Yes, sir.
Mr. Dawkins: Okay, would you put on a slide of ... okay, then want to come
back to this.
Mayor Ferre: We are going to take these things one at a time, because if we
mix in police, administration and fire, they are three completely separate
things. They are separate issues. We are talking now about the first por-
tion of this, which is the 80% hiring goal for minorities and women in upper
management positions. Now, we are trying to get a consensus of the Commission
to see which way we are going to go. 1)9 APR 61983
a
Mr. Dawkins: The only thing I have got to say is that Mr. Gary, I am not
satisfied with the number of Blacks around you. I am not satisfied with the
number of Latins around you and not satisfied with the number of Latins and
Blacks that I see giving orders. That is all I have got to say.
Mr. Gary: I would like to respond to that, because I get it from the other
side where they say they got too many of them around me.
Mr. Dawkins: Well, damn what they say! I am talking about how my vote says.
Now, those who you are talking about, I don't know if they have a vote up
here or not.- those whom you are talking about. Now, if they do, let me
know - call names.
Mr. Gary: Okay, but let's put things in proper prospective.
Mr. Dawkins: Okay!
Mr. Gary: In terms of my immediate staff, which includes Assistant City
Managers and Special Assistants.
Mr. Dawkins: How many assistant managers do you have.
Mr. Gary: I have four.
Mr. Dawkins: Four.
Mr. Gary: Four Assistant City Managers - three now.
Mr. Dawkins: Beg pardon?
Mr. Gary: Four.
. Mr. Dawkins: All right, you have four. Now, how many assistants to the
City Manager.
Mr. Gary: No, no, no. I want to get the facts out. Of the four, two are
Anglo, one is a Latin, and one is a Black. I have three Special Assistants.
One is Anglo, one is a Black and one is a Latin. So based on those two, I
have the right balance - on those two categories. Now, in terms of Depart-
ment Directors, the posture I have taken is that...
Mr. Dawkins: How many directors are there, Mr. Krause?
Mr. Krause: Twenty-two, I think.
Mr. Gary: Twenty-two.
Mr. Dawkins: Twenty-two, all right. Now,'give me the breakdown on those.
Mr. Gary: I am going to preface this first. My posture has been that I
will fill vacancies with minorities as they occur. What that is saying is,
is that I will not be forcing out existing Department Directors who are doing
a good job for the City to hire minorities.
Mr. Dawkins: I don't think, Mr. Gary, that anyone on this Commission would
ask you to fire anyone who is competent and doing the job, and I resent the
implication that you are making!
Mr. Gary: No, no, no. I am not...
Mr. Dawkins: Okay, well, I want to make sure of that - I want that understood.
Mr. Gary: No, no, I am not trying to make that an implication.
Mr. Dawkins: Well, okay then.
Mr. Gary: What I am trying to get to is the point that, when I was appointed,
all -of the positions were filled, and I only have the opportunity to put
minorities in those positions as people resign, or retire. Or should I say,
the opportunity.
Mayor Ferre: How many opportunities have you had out of twenty-two?
30
APR 6 1983
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Mr. Gary: I have had the Planning Director. I have had the Data Processing
Director..
Mayor Ferre: Both minorities.
Mr. Gary: I have had the International Trade Promotion Director.
Mayor Ferre: Minority.
Mr. Gary:_- Economic Development Director - minority, a female.
Mayor Ferre: Minority.
Mr. Gary: Assistant Director for Building and Vehicle Maintenance, a Black
minority. Assistant Director for Community Development, a Black minority.
Mayor Ferre: Assistant Director - who is that, Bailey?
Mr. Gary: Assistant Director is Francena Brooks I just appointed.
Mr. Dawkins: Ms. Brooks, stand up for a moment.
Mr. Gary: Would you stand up?
Mayor Ferre: Now, what position is that, sir?
Mr. Gary: Assistant Director for Community Development. I have had an oppor-
tunity in Cable T.V.
Mayor Ferre: Is that Dena what we have been...
Mr. Gary: That is what we have been talking about for...you have been talking
about for five years.
Mr. Dawkins: In Cable T. V. you did what now?
Mr. Gary: We have an opportunity, and that is a woman. That is a minority.
Finance, I had an opportunity. That is a Latin: that is a minoritv.
So, I guess what I am saying is, when I have had the opportunity, I have
demonstrated that we...that is the only thing I am trying to convey to you.
I have had limited opportunities and everytime I have had an opportunity, I
have complied with the City Commission's directive and my philosophy of put-
ting minorities in those positions.
Mayor Ferre: Do you want to say anything else? All right, Commissioner
Perez? Any comments?
Mr. Perez: Mr. Mayor, I support Commissioner Carollo's suggestion.
Mayor Ferre: Commissioner Plummer?
Mr. Plummer: I have no problem with 60%.
Mayor Ferre: All right, then Mr. Manager, we are about to get in on this
now. The consensus, as I see it here is, that it be 80% of the administrative
positions as they become available, as defined by Mr. Krause this morning, and
60% as defined by the E.E.O.C. Now, I would commend that you accept that on
this basis, besides the fact that there are three votes for it. If you hit
80%, Howard, you are going to hit 60%. If you hit 80% of ninety-eight, you
are going to hit 60% of one hundred twenty-three.
Mr. Gary: Mr. Mayor, I have no problem with that. I just want to make sure
that everybody understands that we are going to be separating the executive,
which is 80% - that is the top, and the official administrator, less that
executive, as a separate category. Secondly, that the evaluation has to be
based on the opportunities that I have, as opposed to...
Mayor Ferre: Clearly understood. We are not going to go out and fire people
just to ge able to get more women or more...
Id .31 APR 6 1983
n
V
Mr. Gary: But, I am also saying something else - is that if I don't get
an opportunity this year and we use the percentage as of that particular
point in time, obviously it is going to be based on what I have done in the
past, so we have got to make sure that we understand that. —
Mayor Ferre: We are talking about setting a policy from April 6th forward.
Okay? We are not talking about April 5th back. Now, the only comment that
I might have, Mr. Manager, is that again, I think from the administrative
viewpoint and thosethat you can hire, you have hired minorities, it is my
opinion that women are somewhat thin. For example, of the four assistants
that you have, or assistants to...none of them are women, and if you look
at the department heads again, other than Charlotte and Dena and Dr. Daniels,
is that three? How many department heads? You are not a department head,
that is right?
Mr. Gary: We have two department heads.
Mayor Ferre: Okay, well, I...
Mr. Gary: Directors, the truth as it were, but we have people like in charge
of Cable T.V. that is female.
Mayor Ferre: Hey, I think we are making some progress.
Mr. Gary: I am sorry - three.
Mayor Ferre: I think we are making some progress, Howard, but I personally
think that where we have done the least is with females in upper positions
and I really think that we need to concentrate somewhat on that and I do
think that in the Latin portion of it, one Latin of the nine hires - one
Latin male, I think we need to ... now, as you said, you made up for that since
December, 1982, so, you know ... but, I think Commissioner Carollo's point.is
well taken. The purpose of Affirmative Action is Affirmative Action, and.
that is, so that a government represents the community that lives in the
community, and it must be representative of this community. Now, I realize
that there are a lot of apprehensions in the Black community about 62% or
whatever it is of Latins in these governmental posts, but the fact is, that
that is the way the community is and we have to go in that direction even
though I don't think it has to be necessarily bound by 62%, but we have to
go stronger in that direction. Are we ready to make a motion? Who wants to
make the motion?
Mr Carollo: So moved, Mr. Mayor.
Mayor Ferre: Is there a second?
Mr. Plummer: Second. Well, let me understand the motion.
Mayor Ferre: The motion is that it is the policy of the City of Miami
Commission to the Manager that from today on he is to hire at the executive
administrative level, no less than 80% women and minorities and at the
offical level, which is up to one hudnred twenty-three, no less than 60%.
Mr. Carollo: And out of that 80% and 60%, it would be hire along the lines
of the makeup of the community.
Mayor Ferre: Which includes women.
Mr. Carollo: That is correct.
Mayor Ferre: All right, further discussion? That is specific, but I think
it gives you a lot of room. Further discussion? Ready to vote? Anybody want
to speak up on this? All right, call the roll.
0
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APR 61983
0
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The following motion was introduced by Commissioner Carollo, who moved
its adoption.
MOTION NO. 83-286
A MOTION ESTABLISHING THE POLICY OF THE CITY COMMISSION
THAT EFFECTIVE APRIL 6, 1983 AND THEREAFTER, THAT THE
NEW HIRES AT THE EXECUTIVE ADMINISTRATIVE LEVEL BE 80%
WOMEN AND MINORITIES, AND AT THE OFFICIAL ADMINISTRATIVE
_LEVEL (AS DEFINED BY THE EQUAL OPPORTUNITY EMPLOYMENT
COMMISSION (E.E.O.C.) BE NO LESS THAN 60%; FURTHER
STIPULATING THAT SUCH PERCENTAGES SHOULD REPRESENT THE
ETHNIC MAKEUP OF THE COMMUNITY.
Upon being seconded by Commissioner Plummer, the motion 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
Mayor Ferre: All right, the next item that comes before us is skipping
names of White males on police promotion registers. Go ahead.
Mr. Krause: The Manager is asking me if I would clear up the situation ,
on Robert Apte.
Mayor Ferre: It is cleared up, thank you, and I appreciate it. It was
not three, it was once that he was skipped. His father, who is up some-
place in Alabama called me enough times that I thought it was at least
twenty times that he had been skipped. Marvin Apte is a fine fellow,
and he is a member of a very fine union of the electrical union and his
son has been a very fine policeman. I think he is finally a lieutenant,
isn't he?
Mr. Krause: Yes, sir, made on March 23rd.
Mayor Ferre: Okay, so I stand corrected. Thank you. Go ahead.
Mr. Krause: I think all of understand that there is a problem with
skipping names on eligible registers and there is a point at which you
need to balance the equities between names who are on registers, and the
City's need to achieve its goals under the Consent Decree.
0
.33 APR 61983
Mayor Ferre: Mr. Krause, you wrote a memorandum a couple of years ago and the
Chief was involved in that whole process. It was my opinion--- you differed,
you disagreed with me--- that what was happening was that the Chief... let me
stand corrected so that we don't personalize this--- that the administration
that the management of the Police Department was utilizing the consent decree
.�•y as a management tool, if you will. Now, I am totally opposed to that. The
purpose.of•the..consent decree was affirmative action. There is no, and I repeat
no other purpose for the consent decree other than to make sure that there was
upward mobility of women and minorities. There is no other reason for the
consent decree. Now,I resent the consent decree which I happen to take a
very strong proprietary interest in is used for anything other than that.
Now, if you want to go figure out other ways as to how to promote people,
fine you use other ways to manage, but do not use the consent decree as a
tool for management. Now, all I am saying is that we now have to... we have
to be concerned with reverse. discrimination. I think that in the Police
Department we are in the very beginnings of that occurring. What is happening
is, is since we have done so well in the eighty percent hiring of Black, Latin
police officers ten years from now when it comes time to promote we are not
going to have White males to promote. Now, the reason why it's so high is
because the White male proportion of the City Police Department in the older
police officers remain so high, but you see what we are doing is we are
creating the same valley that we have been trying to avoid with Blacks and
Latins. Now, we have done so well in that, that in my opinion at the entry
point we need to correct that a little bit. We need a--- since Howard is
now a sailor--- we need to tighten the sail a little bit and get the slack
out of the sails. And the other thing that we need to do here is we have got
to make sure that we don't skip over a White male officer who takes the test
and he gets skipped over once so that we can accommodate a Latin or a female
or a Black and twice, but I think that we ought to put a limitation as to
how many times a, any officer Black or White, takes a test and gets skipped
over for somebody else. Now, I think it's highly unlikely that you are going
to skip over a Black to accommodate a Latin or vice versa. I would hope that
we don't do that.
Mr. Krause: Mr. Mayor, that may have to happen because there are federal
requirements on hiring and promotion that relate to adverse impact which is
calculated on each individual group and in the agreement that was signed
with the Police Union on the consent decree and on promotional procedures
a week or so ago there was a statement saying that the City would make sure
that there was not adverse impact against Blacks, Latin or females in the
promotional process.
Mayor Ferre: Is the Police Union represented here? Is Wally around? oh,
you are going to represent the Police Union today, alright. Now, as I
remember and the Chief is also here when we'came into that problem and there
were two Latins that were skipped and all that kind of a thing, you were
going to go back and negotiate something else and I don't know what happened
on that...
Mr. Krause: Yes, sir, that's what I'm talking to at this point.
Mr. Gary: That's what he is talking about.
Mr. Krause: During the eight or nine months of negotiations with the Police
Union over the consent decree, the negotiations began in July of last year
and they ended about the end of March this year, one of the concerns that the
union had was how to make sure that if people were skipped there was an
equitable review procedure and we negotiated that into the agreement and
specifically what it says is that anybody who is skipped White, Black, Latin,
female, whatever can appeal that and...
Mayor Ferre: To who?
Mr. Krause: Well, if the person appeals there will be a three member
board appointed. The employee will appoint one, the Chief will appoint another
and the two will appoint a third member.
Mayor Ferre: Wait a minute, the employer is the Manager? Who is the employer?
r,
gl ;s APR 61963
E
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Mr. Krause: The Chief of the department will appoint one and the employee will
appoint the other.
Mayor Ferre: Oh, the employee, ok.
Mr. Krause: And then the two of them will choose a third person.
Mayor Ferre: And that's acceptable to you? Ok, and... Alright, fine. As
long as there is a mechanism... I will tell you again► I... so I want it to
be.clearly understood. I am worried about White male police officers that
are skipped over for -the purposes of affirmative action and I think we have
got to make sure that, that is not abused for any reason. I don't mind somebody
getting skipped once, but beyond that, you know, and I'm not now protecting
White Anglo Saxon males, but I think, you know, what's fair is fair and what's
right is right.
Mr. Gary: Mr. Mayor?
Mayor Ferre: Yes, sir.
Mr. Gary: We understand your concern and the unions did too, and that was
the reason why we went into Federal Court and this thing has been going on
for a long time and we have an agreement that has been signed... that the
City Commission authorized me to sign that the rank and file has endorsed on
a majority basis► almost unanimous I think...
Mayor Ferre: I just want to hear it from the Police Union. Would you
speak up and put it on the record.
Mr. James Cox: James Cox, representing Fraternal Order of Police. It was
a two to one vote, Mr. Manager, that was ratified by the Police employees
with this process in it to where you can object to being passed over and it
was explained to the members and that's what they voted for and that's what
we are living with.
Mayor Ferre: Well, now, Mr. Cox, let me understand then that there is no
controversy on this issue at this time, is that correct?
Mr. Cox: No, that I know of sir, no.
Mayor Ferre: Alright, anybody else want to address this issue? Alright, now
we go on to the next one. The next issue was hiring goals for police officers.
Go ahead Mr. Krause.
Mr. Krause: Well, to summarize what I have said here. The eighty percent
goal that the Commission established a few years ago has been instrumental
in increasing the department to the point where at the present time there
is sixty percent minorities and women in uniformed positions. The number of
uniformed officers in the department helps determine what the promotional
goal for minorities and women will be. For example, this year it's fifty-
seven percent. We were assuming that next year it will be sixty-two percent.
If there is a hiring goal established at fifty-six percent the affect of that
will be gradually to reduce the number of minorities and women in the Police
Department and then that will have the affect of reducing the promotional
goals for minorities and women in the Police Department. We also, agreed,
the City agreed in the consent decree to what was called a long term goal
of having a work force that would be representative of the community and
in terms of the City's labor market, we now have thirty-nine percent Latins
and the labor market is fifty-seven percent, so we... the City still has not
achieved it's long term goal with respect to Latins. With respect to Blacks
there is about sixteen percent Black employment in the Police Department and
nineteen percent in the labor market. So, we haven't quite achieved the long
term goal for Black.
Mayor Ferre: Of course, not and you can't expect to do it in four years.
Mr. Krause: No, sir.
Mayor Ferre: What we have done is short of a miracle, eighty-one percent.
Mr. Krause: Yes, sir.
gl
'�' APR 61983
0 j�
Mayor Ferre: Now address yourself to the issue and the issue is White males.
Mr. Krause: I'm sorry.
Mayor Ferre: Address yourself to the issue. The issue is, I think that we
are building into this thing a Police Department that ten years from now is
going to flip around and what it's going to have... where we are going to have
a problem is in White Anglo Saxon males .
Mr. Krause: You see if the City intends to achieve the long term goal, which
is a Police Department that's representative of the community we will still
have about twenty percent Anglo males on the department and as a matter during
the last three years hiring has been about twenty percent Anglo males. So, '
you are not hiring them in the numbers that were previously, but we are still
hiring new Anglo males.
Mayor Ferre: Mr. Krause, if that's the case, then why did you agree with the
Justice Department of fifty-six percent? Why didn't you fight for seventy-
five percent or seventy? Why didn't you insist that it be... you know, we...
the Commission did that not you. Now, I'm not talking about you personally,
you the administration, you the Law Department. You guys weren't recommending
that. You settled at fifty-six percent.
Mr. Krause: You know, I wasn't here at the time the consent decree was
negotiated.
Mayor Ferre: You the administration, Mr. Krause.
Mr. Dawkins: Mr. Krause, what is the ethnic makeup of the City of Miami
now? How many Latins do we have in the City? I mean, the makeup approximately.
Mr. Krause: The population, I believe, is about sixty percent Latin...
Mr. Dawkins: Alright, sixty percent.
Mr. Krause: ... and about twenty-five percent Black.
Mr. Dawkins: Twenty-five percent Black and that gives us thirty-five percent
White, is that right?
Mr. Plummer: Fifteen.
Mr. Dawkins: Fifteen percent.
Mr. Krause: No, it gives you fifteen percent.
Mr. Dawkins: Now, how in the hell are you going to get fifty-six percent
White folk on the Police Department when we' have already said that Miami
City of Police must live in the City of Miami. I mean, are you realistically
looking at something or are you, you know, just pulling something out of
the sky. Now, you can stand up here all you want with all these figures,
but if White people and Black people continue to move out of the City of
.•Miami and Latin people continue to move in and ain't no way in hell you are
going to have no fifty percent White police force. So, now, if you are
really and truly interested in getting more White folk on the Police
Department, then some more got to move back into the City of Miami and there
is no other way to look at it.
Mr. Krause: I think that's what I was saying in this report Commissioner.
Mr. Carollo: I think that the guidelines that we are working under now
is that even though we prefer the police officers to live in the City of
Miami, we are not limited to hiring police officers that only live in the
City of Miami. Am I correct in that or...
Mr. Gary: That's correct. We are giving first priority to the City of
Miami residents, but we did get authorization for Dade County.
Mr. Dawkins: So, what you are telling me then is that a policeman can
live in Broward County take my... take the few tax dollars that we are
paying in the City of Miami and buy every home in Broward County, his gas
in Broward County and then pretty soon this City dries up.
36
APR 6 1983
gl
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Mr. Carollo: Well, Miller,, I'm glad you are finally realizing this. That's
what I have been saying for a long time. If we look at the hierarchy of the
different departments. I'm just not going to pick on the Police Department.
The Police Department is one. None of the people live in the City of Miami.
But the Police Department from the rank of Captain and above, same as the
Fire Department, none of them live inside the City of Miami limits. In fact
some of them, like you say live in Broward County, take our City cars with our
City gas, drive home and back to work everyday.
Mr-. Dawkins: Mr. City Attorney, what's the legality of my passing a resolution
that City -of Miami employees must live in the City of Miami?
Mr. -Garcia -Pedrosa: I think... I can see some difficulties with respect to
the Police and Fire and organized...
Mr. Dawkins: No, no, new hires. New hires. No, we are not going to...
Mr. Garcia -Pedrosa: Yes, sir you see...
Mr. Dawkins: Understand I'm not about to penalize anyone for having gotten
up to the point where he can move out of the ghetto and move to the suburbs
and tell him you got to move back. No, I'm not talking about that. I'm
talking about new hirees for City of Miami jobs to ensure that the City of
Miami tax dollars return back to the City coffers.
Mr. Carollo: Yes, but Miller, you got to start...
Mayor Ferre: Wait a minute, hold on, hold on. Miller, we are getting into
another subject. Now,... wait a minute. Now, I'm with you and I agree with
you, but now this is a very heavy duty subject because you have got a lot
of constitutional questions. For example, you know, are you going to tell
me that you are going to let somebody who was hired in March live in Broward
County and then when you get into a guy you are hiring May you are going to
make him live in Miami? And how long? I mean... '
Mr. Dawkins: (COMMENT INAUDIBLE).
Mayor Ferre: Well, but see you may have some constitutional problems with
that. If a man three years from now...
Mr. Carollo: But Detroit didn't have any problems with it.
Mayor Ferre: What?
Mr. Carollo: Detroit didn't have any problems with it. That's how they...
Mayor Ferre: I'm not against it. I'm just telling you that I think you
get a lot of questions that you need to talk about. I happen to be for
it Joe, I agree and if you all want to pursue this I will vote with you.
I will vote with the premise that we again look into the idea of going back
to the old theory of hiring people who live in the City of Miami. Now, let
me tell you what that does in the Black community, because we have got to
understand this. We have been through this before. Now,you weren't here,
but Gibson was here and let me tell you what happened. We did that for a
while. You remembered what happened, Howard. You know what happened?
Tell them. We weren't getting any Black officers because Black officers
lived in Opa-Locka and they lived in... and therefore, we kind of went back
on that a little bit.
Mr. Carollo: That's the reason we went back, Mr. Mayor. I make the motion
at the time to open it up to outside of the City of Miami because of what
you are describing now. And when you look at a particular department like
the Police Department that we have had to hire six hundred new officers in
the last two years I will buy that and that's why we made the motion. We
stuck by it. But once you get back to where you have hired the bulk and
you are only going to be hiring a few each year, that's a different situation
there and especially other departments that only hire a hand full of people
each year they don't have the same problem that the Police Department had
where they did not have enough people within the City limits. But the
basic problem that I see is this, it's all fine and dandy to try to force
old, new employees hired by the City to live within the City boundaries,
but where you have to set the example at is in the people that run City.
.3`7
gl APR 6 1983
When the bulk of your City administrator don't live in the City and the minute
five o'clock comes along, they lose their complete interest in the City of Miami
and they go to Broward County or Dadeland or West Dade or somewhere else, I think
that is terribly wrong and I feel very strongly that if our City administrators,
our department heads lived in the City of Miami that the serve that our people
will get will be much improved. It wouldn't be the same thing if our Sanitation
Director lived inside the City of Miami, lived in your neighborhood Miller or
near mine and if we called him up for a complaint or one of our neighbors did
he would answer immediately because he's got to live with us. But if he lives
way in South Dade, --be don't have to look at us everyday. He looks at us from
eight to five, if that, then he goes home, on the weekend he is home, he don't
have to put up with the complaints or the neighbors looking at him. The same
goes with all the other department heads and I think this is why our service
have gone down in the City of Miami throughout the years, because our administrators
don't live with us, they don't have to hear the complaints that we do and I
think that if we would change that and give these administrators a fair time
to move back into the City of Miami, we would be doing the citizens of Miami the
best service that we possibly can. There is no excuse anymore that the interest rates
are eighteen percent or anything like that. The interest rates are more reasonable
now than they have been in the last four or five years. So, I strongly recommend
to my colleagues that we establish some guidelines.
Mayor Ferre: I will recognize you after we get through with both the Police
and the Fire Department for the purposes of further discussing this. Now, can
we get...
Mr. Carollo: Heck, you know, I can find a much better deal for housing, you
know, in South Dade or Coral Gables or somewhere else, but I live in the City
of Miami.
Mayor Ferre: we are now on the question of hiring goals for police officers
and... do you have anything else that you want to add Mr. Manager, from the
administration's point of view or the Police Chief?
Mr. Gary: No, sir.
Mayor Ferre: Alright, anybody have any comments or ideas or... what do you
want to do on this?
Mr. Dawkins: Dr. Daniels?
Mayor Ferre: Alright, Commissioner Dawkins, Dr. Daniels?
Mr. Cox: Can I just say one brief thing, Mr. Mayor?
Mayor Ferre: Mr. Cox, go right ahead.
Mr. Cox: The view points of the Fraternal -order of Police was that the
reference to the eighty percent in hiring goal that they have set, that they
dropped this at this time and kind of play it by ear based on departmental
needs and do away with this eighty percent or quit passing over qualified
Anglos for other minorities as this time and may be...
Mayor Ferre: Now, wait a minute, are you talking about new hires or are
you talking about from...
Mr. Cox: New hiring, sir. Yes, in hiring. Yes.
Mayor Ferre: So, in other words, what you are saying is that, that you have
dropped this as... when you dropped your lawsuit, you dropped that as a
problem and you are just going to play it by ear. Is that what I...
Mr. Cox: Yes. Instead of passing over qualified Anglos for minorities at
this time, drop the eighty percent in hiring goals that you have set for
yourself...
Mayor Ferre: See, but the question is, Mr. Cox, drop it to what? Just
drop it all together?
Mr. Cox: Until the department sees a need to reinstitute it.
Mr. Dawkins: I think all Mr. Cox, is saying is that from now on the qualified
individual will be hired irregardless of what color he is. I think... Isn't
that what we are saying?
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Mr. Cox: Yes, that's what I'm saying. Yes, sir.
Mr. Dawkins: That's all he is saying. And I agree with him and I agree in
total.
Mayor Ferre: Alright, now, any other comments.
Mr. Dawkins: Dr. Daniels, would you... you have a slide there for me that
would show the eighty percent recruitment and the promotion in the department
as a sergdant?•
Dr. Hattie Daniels: Ok, let me preface my remarks. First of all, you have
set since 1980 a hiring goal of eighty percent for minorities and women. The
Police Department has met or exceed the hiring goal each year since that
particular requirement. If we are talking about the promotions. The promotional
goal is not the same as the hiring goal. The promotional goal that has been
set by the...
Mr. Dawkins: Wait, Dr. Daniels, I'm not interested in the goal, I'm interested
in the actuality, what happened, ok. So, if you show me the graph of what
happened then I will have what I want. I'm not interested in goals that were
set or nothing. All I'm interested in is destroying the myth in my opinion
that we did a hell of a job by recruiting eighty percent and therefore we
got the best thing going. I want to show that by graph where the eighty percent
is and where the promotion is. That's all I want it to show.
Dr. Daniels: Ok, now, my understanding of what you asked for was promotions
above the rank of sergeant?
Mr. Dawkins: Yes.
Dr. Daniels: Ok, to explain this, this would be 1980, the hires during that
particular time the department achieved an eighty-nine percent hiring rate for
minorities and women. The promotions during that year would include two
Anglos to the rank of Captain, that would be twenty-eight percent, that's
represented in the very first section there... the second second section and
it includes also, one Black male that would be promoted to the rank of... I'm
sorry two Anglos to the rank of Captain, that would be twenty -eighty percent,
then at the Lieutenants level there were four promotions, four Anglos fifty-
six percent and there would be one Black male representing fourteen percent.
That would be the promotions from the register. Now, there were some
appointments which did not come from the register.
Mr. Dawkins: Ok, now, what you are telling me is we had a eighty percent
enrollment...
Dr. Daniels: Hiring.
Mr. Dawkins: For minorities?
Dr. Daniels: Yes.
Mr. Dawkins: And in the Lieutenants we had a fourteen percent promotion?
Dr. Daniels: Yes, the promotion would be fourteen percent for minorities.
Mr. Dawkins: So, really and truly we didn't do no heck of a job, you know,
when we recruited eighty percent and we only promoted fourteen percent. I
mean in my opinion. Go ahead, Dr. Daniels.
Dr. Daniels: Alright, the appointments would include two Anglos to the level
of Assistant Chief and one Hispanic male to the rank of Major. That would
be the appointments which would be separate from the promotion from the
register.
Mr. Dawkins: Two Anglos to Assistant Chief.
Dr. Daniels: Yes.
Mr. Dawkins: To bring the Assistant Chiefs up to what? How many numbers?
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39
APR 6 1983
Dr. Daniels: At the present time...
Mr. Dawkins: No, I mean at that time when we promoted two, that brought them
up to how many?
Dr, Daniels: I believe... I'm not sure, I really don't have that information
at the present time.
Mr. Dawkins: Ok,-I'm sorry, go right ahead.
Dr. Daniels: Ok, and one Hispanic would be promoted to Major, that would he
in 1980.
Mr. Dawkins: And that one percent would be what percentage?
Dr. Daniels: Would represent thirty percent of the appointments.
Mr. Dawkins: So, we recruited eighty percent and we promoted thirty-three
percent in the Major?
Dr. Daniels: We would have appointed thirty-three percent.
Mr. Dawkins: Ok, go right ahead.
Dr. Daniels: Ok. Alright, 1981. 1981 the hires would represent eighty-one
percent achievement rate. The promotions would include at the level of
Captain, one Anglo male, seven percent, at the Lieutenant's level seven Anglo
males, fifty-four percent, four Hispanic males, thirty-one percent and the
first female, one, seven percent. Therefore, the achievement of promotions
for minorities and women would be thirty-eight percent, five out of thirteen.
There were also ten appointments, of those then appointments one Anglo male
was promoted to Assistant Chief, then one Anglo, one Black, and one Hispanic
to Deputy Police Chief. There were five Anglos promoted to Major, one Black
to Major, that's it for the appointments.
Mayor Ferre: What percentage is that?
Dr. Daniels: Out of that ten... we will say from the ten appointments to the
Assistant Chief, that would represent for the...
Mayor Ferre: All total Doctor.
Dr. Daniels: For the minorities that would be thirty percent.
Mr. Dawkins: Out of eighty percent.
Dr. Daniels: Thirty percent for the minorities.
Mayor Ferre: You see, I think what Miller is trying to point out and what
we have all been pointing out, Mr. Manager, just the point I want to make to
the Police Chief and to you, is that in effect, you know, with all due respects
to you and the Chief, you can't take a heck of a lot of credit for the eighty-one
percent hiring because that is a policy that this Commission set and that was
the way it was done. I mean, we made that decision and you have carried out
ably the policy of this Commission. Now, the question is in the areas where
we haven't set a policy. In the areas where the Chief and the administration
have discretionary ability, in those areas... in that last category, see.
My disagreement with Miller, and with all due respects to Miller and Mr. Cox
and the Union are here, is that don't forget that there is a union contract
and we have a negotiated agreement that anything that we do in anyway that
affects that must be negotiated with this union because otherwise, we are
violating the law. So, that's an area that's nebulous at best, because for
us to say well we want you to do certain percentage, means we_have got to go
now and negotiate with them and then, hopefully, if not go into a lawsuit of
some sort. But with regards to those areas in the upper echelons where the
contract, Mr. Manager, between the City of Miami and the Union does not come
into play. In others words, in the Deputy Chief s,Assistant Chiefs and Majors.
Now, there is where the Police Chief and I might say also the area of special
assisstants and I used Bob Worshaw the other day in that radio program and I
got a little confused on a deputy and the assistant and all that kind of
stuff, but anyway that's where the Police has discretionary power and you
have discretionary power and I think that's the area where I think we really
need to talk about. 4U
APR 6 1963
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Dr. Daniels: 1982 the hiring goal was seventy-seven percent. That's was the
achievement, seventy-seven percent. Promotions would be fifty-seven percent
for minorities and women.
Mayor Ferre: Is that Fire Department?
Dr. Daniel: No.
Mr. Dawkins: No, it's still the Police Department. This is 1983. 1982 I
mean.
Dr. Daniels: No, this is the Police Department 1982. The promotions would
include at the level of Captain, one Anglo male and the first minority
Hispanic male to the level of Captain, one Anglo and one Hispanic. At the
level of Lieutentant, two Anglo males, twenty-eight percent and two Hispanic
males twenty-eight percent and one Anqlo female at the level of Lieutenant.
Out of seven promotions that would be four minorities, fifty-seven percent.
Mr. Gary: What was the goal?
Dr. Daniels: The hiring goal? Are you speaking of the hiring goal?
Mr. Gary: The promotional goal.
Dr. Daniels: The promotional goal would have been forty-eight percent.
Mr. Dawkins: Ok, thank you, Dr. Daniels. The only thing I'm saying is
that with the hiring is wonderful, but as the Mayor has pointed out, we are
missing the boat. we do not have people above the rank of Sergeant. The other
day the Chief of Police promoted three policemen to Sergeants and we ended up
with a net one, because two Sergeants were promoted to Lieutenant. So, instead
of gaining Sergeants, I mean,... and as we say I don't know where the hell
the answer is. But the answer....
gl
So, instead of gaining sergeants, and as you say, I don't know...I don't know
where the hell the answer is! But, the answer back over here what he said.
Let's get qualified people and put them on the board. I don't care if I have
to get in my car and drive to Bethune-Cookman, Florida A&M, Florida State and
recruit some people who want to live in the City of Miami, since you all say
that no qualified Blacks want to be policemen - I have no problems with it,
but some kind of a way, Mr. Gary, and Chief Harms - we have got to get some
minorities in that lieutenant, because, like you said, you cannot become a
captain until you are a lieutenant.
Mayor Ferre: Further, you can't become a lieutenant until you are sergeant.
And the problem is, you cannot be a sergeant until you serve on the Police
Department so many years and done so many things, you know, passed tests and
all this other stuff, and the problem is, that you can't do any of this with-
out negotiating with the union, see?
Mr. Carollo: And the truth of the matter is, Mr. Mayor, that before that
police officer can, or should become a sergeant, he needs a minimum, really,
of at least two years to be out on the road so that he knows what the heck
he is doing when he becomes a sergeant.
Mr. Gary: That is correct, and I am glad you brought that up, because if
you notice, we have increased, as Commissioner Carollo mentioned earlier,
six hundred officers in the last two years. We have a very, very young
force. Now, to say to increase the responsibilities of that young force
without giving them the experience would compound the problem.
Mayor Ferre: I am totally against that.
Mr. Gary: No, I guess what I am trying to say, Mr. Mayor, this Commission... and we
submitted to you a report which has demonstrated improvement, that it has
done better than 95% of the cities in the country in terms of improvement
in terms of Affirmative Action in the hiring of minorities, particularly'
as it relates to the Police Department. Now, coupled with that, we also
had to address the problem in this community where people wanted more
police officers, which you also achieve in terms of adding officers. With
that, coupled with the retirement, we have been in a Catch-22 situation...
adding more officers, then wanting more minorities, where you are again,
understanding that they have got to have the experience - two or three
years, in order to move up the ladder in terms of supervising other people.
Mayor Ferre: Mr. Gary, I think we are going off - we have two subjects
here, and we are talking back and forth between these two subjects. One
is Affirmative Action and new hiring - another subject is Affirmative
Action and promotions. Promotion thing becomes very complicated. Now,
since we have gone off on the promotional and of things, what I really
need for you to discuss, you and the Chief and Mr. Krause, is not in the
areas determined between the negotiations with the union, but in those
areas in the very upper echelons of the Department where there is no
negotiated restraints. I am talking about the deputy assistant chiefs
and assistants to, and I really think that we need —what I am talking
about is, when you go behind those doors in the Chief's office and you
get to that conference room where the decisions are made, how many Blacks
and Latins are sitting down there as part of the decision making process?
Mr. Gary: We have one Black and one Latin - those are deputy chiefs.
Mayor Ferre: Are they there, or do they just deal with patrol....
Mr. Gary: They are there. They are there.
Mayor Ferre: .... at the decision making process.
Mr. Gary: That is correct. In the decision making process, we have a
Black and a Latin Deputy Chief in those meetings.
Mr. Dawkins: Deputy Chief.
Mr. Gary: Exactly.
42 APR 6 1
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Mr. Dawkins: Okay, when Chief Harms has his staff meetings, who is with
him?
Mr. Gary: When he has his staff meetings, it is the Chief, the Assistant
Chief and the Deputy Chief.
Mr. Dawkins:
The.Deputy Chief is in there.
Mr. Gary:. —Yes, sir.\
Mayor Ferre: That is where you get the one Black...
Mr. Gary: Now, I would like to add, Mr. Mayor and members of the Commis-
sion, that I understand the policy of this Commission, in terms of improv-
ing the numbers of minorities in the decision making process, and we are
developing a program in the Police and the Fire Department that will offer
an opportunity for more minorities to get into the decision making process,
as well as the planning and implementation process, which Mr. Mayor, you
and I talked about, and that is the executive assistant route, which will
afford us not only that, but also it affords some stint also of on the job
training, which we also need in terms of getting young officers prepared
for supervision and more responsibility. We will be submitting that plan
to you, probably within the next week and one-half, Mr. Mayor.
Mayor Ferre: I don't want to do this without Plummer. Is Plummer around?
Does somebody want to get J. L. Plummer? Okay, can we get back on the
hiring goals for police officers, and Mr. Manager, I would like your
considered opinion, now, as to what you think we ought to do. I think it
is time for us to come up to the 80%. Now, we have done very well, and I
think it is an exceptional program. It is time for us now to go back and
balance out. I don't think that does any harm to long term goals of the
City of Miami Police Department in Affirmative Action hiring.
Mr. Dawkins: Mr. Manager, didn't you just say that you negotiated to
come up to 80% with the Police?
Mayor Ferre: No, no.
Mr. Carollo: No, no.
Mr. Gary: No, Mr. Mayor, we have a...
Mayor Ferre: They, the union, in their final agreement, agreed to drop
that, because they dropped the lawsuit. That has nothing to do with us.
It has nothing to do with the posture of the policy of the City of Miami
Commission. As of right now, he is under orders - he is under instructions
to go an 80% hiring program in the Police Department and in the Fire Depart-
ment, which is where we really have a problem. The question is, we have
succeeded in the Police Department. We have had a success. Now, I think,
this is my personal opinion - let's not overdo this, because if we overdo
it, as Ernie Fannato is continually pointing out to us, we are going to
have a problem five or ten years from now, having a balanced Police Depart-
ment. I am not saying, Mr. Manager, we go back to 56%. We need maybe to
bring it back a little bit, to adjust it somewhat.
Mr. Gary: Would 65% be reasonable?
Mayor Ferre: I would accept that.
Mr. Dawkins: They have got to live within the City of Miami.
Mayor Ferre: Commissioner Carollo.
Mr. Carollo: Mr. Mayor, frankly when only 39% of the police officers are
Hispanic presently, and the City is 60% Hispanic, there is still quite a
bit of difference that is left there to reach the goal as far as Hispanic
goes. 65% gives us plenty of room; with Blacks, even though we are close,
we are still behind also, so I would like to leave that 80% at least until
the next fiscal year, in September, and then gradually bring it down.
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APR 6 19f
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Mayor Ferre: Okay, well, we have a difference of opinion! Who else wants
to express an opinion on this? Anybody else? Okay, we have a difference of
opinion here.
Mr. Carollo: How many police officers do we intend to hire this year, approximately?
Is there any numbers that we have or...?
Mr. Krause: We have an extimate of about one -hundred fifty and I am inclined
to think that it will be somewhat less than that.
Mayor Ferre: You sde, we are not telling you not to hire 80%. All we are
saying is; that if the Consent Decree was 56% and the Commission told you
to go to.80%, I think that it is important that we tell the rest of this
community that we have been successful and that we don't want to have a
quota system here, because we are opposed to quotas. This is an Affirmative
Action goal and I think it is time, if we are successful, I think we need to
start dropping it, because eventually the time will come when we shouldn't
have any Affirmative Action goal. We should just be hiring people, hopefully.
Mr. Krause: Mr. Mayor, that comment may help to resolve something that has
been troubling me, as you talked, because when we recruit from within the
City of Miami, normally we recruit about 85% minorities and women. If we
drop the hiring goal and then actually drop the achievement, we may wind up
with what is called adverse impact against the minority and female appli-
cants. Mr. Gary has suggested to you a possible goal of 65% and I think I
understood you to say that that would not necessarily be a minimum, that the
Administration would be held to. This might make it possible for the City to
stay out of court by avoiding adverse impact in the hiring process.
Mayor Ferre: Mr. Krause, when the Administration, not you, negotiated for
56%, the City Commission accepted that. The Federal Government, the Justice
Department under the Carter Administration, so it wasn't —the present Ad-
ministration accepted that. The court accepted that, the Federal Judge,
we all accepted it. It was the Commission who said "no" after, because we
didn't want to tamper with that process. We said "Let's go to 56%" and*
then we said "All right, now we are going to go to 80%". Everybody got
very upset with that around here - a lot of people got upset. You know,
"Oh, we can't do 80%". Well, we did 80% in the Police Department and even
though, Mr. Manager, and that is why I didn't say period in another sentence,
I put comma as you were walking out. It was our goal, but you all did it,
in other words, the Police Chief, and even though some people in the paper
say that I have differences with the Police Chief and he told me that he
was going to send a firing squad to meet me at the airport, I want to say
that you have to give credit where credit is due. This particular chief
has followed the policy of the City of Miami Commission and been success-
ful with the help of Affirmative Action in meeting the goals that we set.
It wasn't met at 60%; it was met at 81%. That is successful. Now it is
time, since we live in a world of symbols that we send a message, and
I think that it is a very important message to send, and I think it is time
for us to do it. and I don't want to disagree with my colleague, Joe Carollo,
but, on the other hand, I think it is time for us to say "Look, we have been
successful, we need to pare that down a little bit. That doesn't mean that
you can't hire more than 65% and that doesn't mean that we are going to
slack in any way the hiring of Latins, because Affirmative Action works for
everybody, and that means that it has to be reflective of the community
the Police Department serves and the community is 60% Latin. That is where
we should go.
Mr. Dawkins: Can we go to the Fire Department now?
Mayor Ferre: All right, I will tell you what. Let me do it this way. We
have got to vote on this. I would like to make a motion, then, so we can
move along and vote on this, so that it will be a minimum of 65%, but that
we try to go up to 80%.
Mr. Dawkins: I promised the Lord I wouldn't vote for no more of Mr. Gary's
solutions.
Mayor Ferre: 65%, but that we lower the minimum of 80% down to 65% and
that we do it in a way so that we continue the Affirmative Action goals
as have been established in the past.
Mr. Carollo: Mr. Mayor, when we are still 21% below the goal that we have
set out to reach with Hispanic officers, we are still at least approximately
=4 APR 61983
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9% - 8%, below the goal that we set out to reach with Black officers, I
think it is premature to change that 80% figure. I think we should keep it
until the end of the year and they can go from there, but I disagree, I am
sorry.
Mayor Ferre: Well, we have a difference of opinion.
Mr. Carollo: I think the message we might be sending out is we are going
back on our commitment.
Mayor Ferre: Well, the record certainly doesn't show that.
Mr. Perez: Mr. Mayor, before closing this issue, I think that it is very
important that we try to check other department of the City before making
any decision, final decision on this issue. I think that it was a great
effort and should recognize for the Police Chief and for the Administration,
but I think it would be better that we have opportunity to review the other
City departments in order to know what is the minority participation in
the other departments and at this time I think that it is better to leave
the same thing at the 801". level.
Mayor Ferre: You and I disagree.
Mr. Plummer: There is a motion. Is there a second? There is a motion.
Is there a second? There is a motion - is there a second? Motion dies
for lack of a second.
Mr. Carollo; I would like to make a motion that we leave it at the same
80% level that we have had in the past.
Mayor Ferre: That is automatic. In other words, there is only one
opinion here that wanted the changes, as I sense it.
Mr. Carollo: I just want to make sure that the Administration and Mr.
Krause understand it - that it is 80%.
THEREUPON, THE CITY COMMISSION WENT INTO A BRIEF
RECESS AT 12:00 P.M., reconvening at 2:25 P.M., with all
members of the Commission found to be present
except for:
Commissioner Joe Carollo
Commissioner Demetrio Perez
NOTE FOR THE RECORD: Label 15 continued with discussion of Affirmative
Action and hiring -foals_---______
--------------------------------------------------------
Mayor Ferre: Ladies and Gentlemen, would you all take your seats, those
of you that can find a seat and let's pick up where we left off this morning,
when we were talking about the Fire Department. We were about deal with
the Fire Department.
Mr. Gary: Mr. Mayor, it may be appropriate to have the Chief come up and
just give a brief explanation of what he has done.
Mayor Ferre: All right sir. Chief?
Chief Herman Brice: Mr. Mayor and Commissioners, I reviewed your transcript
from your last meeting and we have designed some information, which I think
will answer most of the questions that you raised that day. If you will
look at the first page of your handout, it refers to the hiring practices
of the Fire Department since 1978. We have gone back to 1978, and if you
follow through that, you will see the goal, which was established either
by the Consent Decree, or in 1980, which was established by the City Com-
mission. I would point out at the outset that the handout that Mr. Krause
had prepared for you, the figures are slightly different from 1980 on, how-
ever they are insignificant in number, and I think that this chart will
tend to point out to you that we have made significant progress in the
Fire Department in hiring and that we fully understand the Commission's
direction and actions towards hiring 80%. If you will look at 1980, and that
is the chart here, on the top corner, you will see that we that year
achieved a goal of 80%, whereas I am listing a goal of 56% and my reason
45 A hK 6 1983
for doing that was to point out to you that while the Commission resolution
was passed in July of 1980, all the people we hired that year were hired
prior to that date. However, the Commission was already in progress of
talking about the hiring of 80% police and fire and we reacted to that,
and therefore from 1980 through 1983, significantly we have met the 80%
goal. That, I think, primarily speaks to the issue of whether or not
the Fire Department had in fact, been responsive to the Commission's direc-
tion, and as you can see there in 1980, we were 80%; 1981, we were 80%;
1982, 78% and this year we have a class in progress now which is 85%, and
I might point out that that class moved Monday to the new training center
at the incinerator site and it is a tremendous facility. We are looking
forward to sharing that day with you to see it. So that chart primarily
speaks to the Fire Department's hiring over the last year since 1980,
particularly in light of the Commission's action. Your number two chart,
if you would look, would kind of speak to the comparison that the Commission
was making in regards to our success rate and the Police Department, and I
wanted to point out, as Mr. Gary did, that there has been a different rate
of employment - that while the Police Department has increased the number
of people they have hired, they have hired significantly more and I think
that Mr. Krause's memorandum shows that there have been four times as many
people hired in the Police Department. In the Fire Department there has
been a reduction in total personnel of thirty-three people, and then if you
follow over, you will see that there has been an increase in Blacks from
ten to fifty-nine, which is 49% more people; in Latins from forty to
one hundred eighteen, which is 78%; females, zero to six; and the Anglo
employee, there has been a reduction in number from six hundred thirty-four
to four hundred sixty-seven. I think, however, that Mr. Gary's point was
well taken, and that is that the Fire Department's problem is not at this
point hiring. We understand the 80% hiring; we understand that we are going
to continue that and where we have a significant challenge is in the area
of promotions and we have been working with the Manager, and we will have
a plan that we are nearing completion and I wanted to point out on this
chart, which reflects the fact that in the Miami Fire Department (that is
chart number four in your handout) there are sixteen minority officers
in the Miami Fire Department. I think what is significant about that for
you understand is that as you were discussing this morning, our problem, two
or three years ago was recruitment. We didn't have people in a position to
compete, and we are nearing that time now, that we will have people that
will be able to compete. Now, what I wanted to really share with you to
clear that up was that there had been seventeen people (minorities) that
were candidates for promotion and the Fire Department has promoted sixteen
of them, so we understand that direction. Our problem has been getting
the numbers so that they could compete. At the present time, we are
proposing before the Civil Service Board a reduction in time and grade for
fire fighters from four years to three years and that will increase the
number of minorities that can take the next lieutenants exam from about
fifty-eight to eighty-five. So, I basically provided the first two charts
to answer your concern about hiring and our understanding of the Commission's
direction. We are sensitive to that; we understand it, and we are striving
for it. We now recognize that now that we have minority candidates on the
job, we have develop a career ladder and promotional opportunities and we
are working toward that.
Mayor Ferre: All right, Mr. Manager, is there anything else you want to
add to that?
Mr. Gary: No, Mr. Mayor. I think that one of the two significant points is we
do not have enough minorities in the upper echelon, that we have a program to
address that and secondly, that with regard to the goals as stated, they all
have been met except for one year, and the year that it wasn't met with re-
gard to hiring, it was only 2% down. But, we do have a serious problem in
the Fire Department in terms of the number of minorities in decision making
positions. Some of you may think that the police is bad, but I think the
fire is even worse. I think it is important to note, Mr. Mayor, that with
the Fire Department - with those that have been on the register that were
able to be promoted, that is, you have to pass the exam, that we have had
approximately seventeen people that were minorities on promotional lists
and sixteen of the seventeen were promoted. I would like to also inform the
Commission that unlike the Police Department, the Fire Union has us in
court, challenging the Consent Decree, challenging the Civil Service rules
and regulations. It is also important to note, Mr. Mayor, that Chief Brice,
in his efforts to bring about some solution to the problem, has requested,
and I have agreed on a couple of occasions to add overage positions just to
46 APR 61983
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preclude skipping so that we could pretty much resolve the problem with the
Fire Union. We have not been successful in resolving that problem, even
though we, in my estimation, have bent backward and there has been very little
adverse effect on the majority population in the Fire Department. It appears
that, in my estimation, that the Union, in this particular case, is not as
sensitive to assisting us in resolving this problem, and we are in court on
the Consent Decree and Civil Service rules and regulations with regard to that
Union. -
Mr. Don Teems: Mr. Mayor and members of the Commission, Don Teems, President.,
of the Miami Association of Fire Fighters. I am not sure where to begin with
this. We do have the City in court over the Consent Decree, but we don't have
them in court challenging the Consent Decree. We have them in court over
interpretation of the Consent Decree. An example: the Consent Decree says
that you must validate promotional exams. The City to this date has not
totally validated promotional exams at six years. We had them in court over
that issue, saying you have got to validate the exams. The portion in par-
ticular we are talking about in the validation is the post exam analysis,
where you look at an examination after you have given it to see if there is
any adverse impact or not. Now, it was our understanding that the City
hasn't done that. In fact, they reiterated that in court that they were
attempting to do that now. That is one of the issues. The other issues -
one of the issues, is Civil Service rules. We had an agreement with the
City, when George Knox was the City Attorney that if we had any problems
over the interpretation of the Consent Decree, that we would take them to
Federal Court and let Federal Court decide who is right and who is wrong.
We attempted to do that. The Federal Court, on the Consent Decree issue
said "That is not a Consent Decree issue. You need to go to State Court".
We went to State Court. The State Court said "No, we are going to hold
any kind of judgment until the Federal Court tells us whether they are
going to hear it or not". So, we had that back in front of the Federal,
Court just to tell us what forum do we have to be before. As far as in
hiring in the Fire Department, my union has never taken the stand against
80% hiring. The only stand that we have taken against hiring at all is
qualifications. We do have a problem with some of the qualifications.
An example now is that we don't really have any standards - minimum
standards, strict standards, as an example, to get out of the Fire College.
We don't know what those are. All we know for sure that we have is the
State certification which is the written exam, and an E.M.S. We have to
have an E.M.S. certification before we can get out of Fire College. But,
as far as strength, as an example, we don't have any minimum standards,
so we really don't know what they are. We think we need those, and we
have had a problem with that - not with hiring - not with who we hire,
just the standards. And that is really where ure are at! We are not
challenging the Consent Decree. We are challenging the memo of understand-
ing that the City and the Justice Department put together as their inter-
pretation of what the Consent Decree means, because when the Consent Decree
was ratified, I signed it. I personally signed it that we agreed with it.
The things that we are having disagreement on is the interpretation of it.
That is all. One other example is the promotion. The Consent Decree says
that you must set percentages based on qualified applicants - qualified
applicants. What we are doing, is we are basing the percentage, or the
goal, based on the total fire service. Now, there is a big difference in
opportunities, because we don't have enough minoritiesthat are eligible to
take the examination to be able to reach the goal. What we have got, is
we have got large blocks of minorities that have within one and four years
on the Fire Department. One of the answers that I asked for, that I took
to negotiation the last time we were negotiating, was to classify a pro-
motional position of driver -engineer. Now, what that does is - we have got
a fireman; he is on probation for a year. As soon as he gets off probation,
he has three more years before he can take a promotional exam. The reason
for those three years is experience. Now, at one time, it was four years.
It was a total of five years you had to have before you could take the
promotional exam for lieutenant. We reduced that to four a couple years
ago to address Affirmative Action. It doesn't really address Affirmative
Action, because it only talks about twenty or thirty people that might be-
come eligible a year ahead of time. So, what we suggested was to classify
the position of driver -engineer, that you could be eligible to take the
exam and get on a promotional register as soon as you finished your proba-
tionary period, which has been one year. That would start the upper
Id
`�7 APR 61983
mobility a little earlier to give the earlier applicants a chance to start
their upward ladder earlier. The City turned it down in negotiations. That
was our answer to it. We don't believe that reducing from four years to
three years will significantly help any group of minorities. It might help
ten, fifteen, that would make them eligible a year ahead of time, and then,
of those, how many would take the exam? On top of that, how many would
pass the exam and get on the register? We don't know. We think the answer
is, to start the -progression earlier. We think we need the four years time
and grade -to give the man the experience to be able to be in control of one
of those --fire trucks. We think wi: need that, and we also think that by
the new classification (we don't have a sergeant classification in the
Fire Department) maybe it could be that. We could call it whatever we want,
but the point is, they have distinct responsibilities, the driver -engineer.
He has absolute distinct responsibilities from the fire-fighter, and we
think that we need to start the promotional progress from that point. That
would help us in our upper mobility of firemen and all fire-fighters.
Mr. Krause: Mr. Mayor and members of the Commission, we spent three days
in Federal Court on February 28, March 1st and March 2nd with the Fire
Union and much of what Mr. Teems has told you is what he told the Federal
Court. It is very difficult to summarize three days worth of testimony in
a few minutes, but I think I will try to cover some of the key points. Mr.
Teems has mentioned the problems - his interpretation of what he regards
as the problem of computing promotional growth in the Fire Department.
The goal in the Fire Department is now 27%. It is the lowest goal of any
department in the City government. During testimony in Federal Court
last month, they presented testimony which would suggest that the promo-
tional goal in the Fire Department could be reduced to about 12 or 14%,
by calculating it in a different way. That would be something like one
out of seven or eight promotions would be minorities. It would slow down
the rate that the department has achieved.
Mayor Ferre: Excuse me, Mr. Krause. Mr. City Attorney, this matter is
new pending before a Federal judge.
Mr. Garcia -Pedrosa: It sure is, Mr. Mayor.
Mayor Ferre: And I frankly don't want to go through the trial right here,
and I think you ought to explain to both of these gentlemen exactly...I
don't want anything jeopardized in this lawsuit.
Mr. Garcia -Pedrosa: The Consent Decree matter is before the Court, Mr.
Mayor. It includes these issues. While there has been a final hearing,
this court has not ruled, and in fact, the parties are still in the process
of filing a post hearing memorandum before the court, so I would strongly
urge this Commission not to have this discussion go forward for fear of
jeopardizing the City's position.
Mayor Ferre: All right, does any member of the Commission wish to make
a statement at this time?
Mr. Plummer: I think that if we do, we are foolish, based upon what he
has just said.
Mayor Ferre: That is why I asked him - he came over and told me that and
I just repeated it into the record.
Mr. Garcia -Pedrosa: That is when I heard about it, I woke up and I...
Mr. Teems: Mr. Mayor, I totally agree with the City Attorney that I don't
think you ought to be addressing the matter, but I think it needs to be
addressed after the courts decides - I think we need to sit down and clear
this whole thing up.
Mayor Ferre: All right, I think what we need to do, I am going to recognize
Commissioner Dawkins and Commissioner Plummer if they wish to make a state-
ment, but I think we need to wait until after the legal deliberation before
the Federal Court before finalizing any of this.
Mr. Plummer: I don't want to be subpoenaed.
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APR 6 1983
46
46
Mr. Dawkins: I need to know what is meant by strength.
Mayor Ferre: By what?
Mr. Teems: Excuse me, sir?
Mr. Dawkins: Strength.
Mr. Teems:' You usecl.to have standards within the Fire Service that tested
your strength ability. They might have been chinups, and I think they were
climbing.the rope, and they had a few other things that were thrown out
eventually because (Well, we threw them out ourselves) they really didn't
affect our fire-fighters. In other words, he didn't have to climb a rope
during his career, maybe once, maybe never. Now, a fireman is perceived
to have to have a certain amount of upper body strength to be aple to
pull hose, to be able to hold a two and one-half inch line, to be able to
do those kinds of things, and we really don't have any minimum standards
right now, Commissioner, telling us what that strength level is.
Mr. Dawkins: What does that do for a female whose breast is made to nurse
a baby and not pull a hose?
Mr. Teems: That is the point where most of the female applicants, if they
are failing, are failing, is in the upper body strength area, if they can't
do that.
Mr. Dawkins: So then, if we get a standard, then we are going to lock
them out.
Mr. Teems: Well, not necessarily. We have Rot some females now that are
qualified, that are absolutely qualified to do it. Now, these females can
be qualified to do it.
Mr. Dawkins: So, there are females who have met the standards.
Mr. Teems: Absolutely!
Mr. Dawkins: Thank you. The only thing I have to say, Mr. Mayor, before,
like you say, we get into difficulty, I do have a problem with the Police
Department, but I've got a much bigger problem with the Fire Department.
Chief Harms has sat down with me, as much hell as he and I raise with each
other ... he has sat down; we have tried to come up with solutions. I have
never seen Chief Brice to know what the hell they are going to do in the
Fire Department, or why .. I have more relationship with the Union, which
the Manager says I shouldn't be doing, than I do with the Chief. So, I
am going to tell you, Mr. Gary, that as soon as the court makes their
decision, I've got some decision I would like to discuss with you. Thank you.
Mayor Ferre: Mr. Plummer?
Mr. Plummer: Mr. Mayor, I've got a real problem with being subpoenaed into
a Federal Court trial and I will keep my mouth shut.
Mayor Ferre: Anything else you want to add to this?
Mr. Gary: No, sir. I would agree with the Union that we need to discuss
this and if they are as concerned as they say they are about getting more
minorities up in the upper echelon, I have got some solutions that I will
be proffering and I would hope they would support those.
Mr. Teems: One more thing, Mr. Mayor - may I suggest that I don't have
anything -o do with the upper echelon. Anything outside the bargaining
unit, which is the upper echelon is strictly...
Mr. Gary: Upper echelon includes lieutenant up, Mr. Mayor.
Mr. Teems: That is the upper echelon? Not according to P.E.R.C.
Mr. Gary: According to me, though.
Mr. Teems: Ohl
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APR fi i983
Mayor Ferre: Well, according to P.E.R.C., and we are talking about positions
that are exempt, which is Chief, Assistant Chief... Division Chief?
Mr. Teems: That is not...that is out of my...
Mayor Ferre: That is what I am saying. Chief Fire Officer comes within
your jurisdiction.
Mr'. TeemB:' That is the last one. Yes, sir. That would be a District Chief.
He would -B'e at the fire station.
Mayor Ferre: That does not come with the purview of P.E.R.C., or the
P.E.R.C. definition?
Mr. Teems: Yes, it does.
Mr. Gary: Yes, it does.
Mayor Ferre: So, we are talking about from Division Chief up to Chief -
we are talking about ten people, right? Sir? I see ten. I see one Chief,
three Assistant Chiefs...
'i-r. Gary: It is eleven. You forgot the Black.
Mayor Ferre: Oh yes, that is right - beg your pardon. So out of eleven,
there is one.
Mr. Teems: They also have three assistants to the Fire Chief that are
appointed.
Mayor Ferre: The three assistants to the Chief, are they Anglo?
Chief Brice: There are in the Fire Department —no. One is Latin, one
is Anglo, and there are three additional executive positions in the Building
and Zoning Division, and that makeup is two Latins and one Anglo.
Mayor Ferre: All right, I do think the Fire Department is different from
the Police Department, if for no other reason, basically because from
the beginning of 1980 through March of 1983, there has been one hundred
eighty fire fighters that have been hired, whereas the Police Department
has hired close to eight hundred during that same period of time, so the
impact is obviously not as dramatic, but I do have the same concerns that
Commissioner Dawkins and you, Mr. Manager, have expressed, and that you
have expressed here today, Chief. All right, any other statements?
Mr. Plummer: Not in reference to this, Mr.'Mayor, but I would like a
report, because I know how the Manager operates. Chief Brice, I under-
stand that Metropolitan Dade County has a five and one-half inch line that
they are now using. I would like a report, through the Manager, why we
haven't got one.
Chief Brice: A five and one-half inch line?
Mr. Plummer: I would like to know through the Manager why we don't have
one and how soon we can secure same.
Chief Brice: Fine.
Mr. Gary: You will get a report through the Manager.
Mr. Plummer: Through the Manager!
.50
APR 6 1983
id
16. PLAQUES, PROCLAMATIONS, AND SPECIAL ITEMS.
NOTE FOR -THE RECORD: Commissioner Carollo entered at 2:45 P.M. '
-------------------------------------------------------------------------
1. Presentation of a Proclamation to Sister Trinita
Flood designating April 10 to April 16 as "Days
of Remembrance". PRESENTED.
2. Presentation of a Proclamation to Mr. Fausto
Miranda. PRESENTED.
3. Presentation of Certificates of Appreciation to
individuals and groups who assisted the City of
Miami during the last Image Miami Project. PRESENTED.
"MIAMI METROPOLIS OF THE FUTURE"
COMMENDATIONS:
PAN AM
EASTERN AIRLINES
ELAN TRANSPORTATION INC.
COLUMBUS HOTEL
DUPONT PLAZA HOTEL
EVERGLADES HOTEL
HOWARD JOHNSON'S-DOWNTOWN
HYATT REGENCY-MIAMI
OMNI HOTEL
PAVILLON HOTEL
COCONUT GROVE MARKETING
LITTLE HAVANA KIWANIS CLUB
LITTLE HAVANA TOURISM AUTHORITY
CERTIFICATES OF APPRECIATION:
BENIHANA OF TOKYO-
CAFE MARCEL
COCONUT GROVE HOTEL
94TH AEROSQUADRON RESTAURANT
ROGER'S ON THE GREEN
RUSTY PELICAN
SONESTA BEACH HOTEL
SPECIAL COMMENDATION TO GROVE ISLE CLUB - Martin Margulies
For his contributions to various "Miami - Image of the
1801s" projects.
--------------------------------------------------------------------
NOTE FOR THE RECORD: Commissioner Perez entered at 2:55 P.M.
-------------------------------------------------------------------------
51
APR 6 1983
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17. DISCUSSION AND FIRST READING ORDINANCE: CREATION OF NEW
DEPARTMENT TO BE KNOWN AS THE DEPARTt:ENT OF HARBORS AND
RIVERS ADMINISTRATION.
Mayor Ferre: The next one is Item Number "J". All right, Mr. Sorg and
Mr. Cox and all the people that we waited for this morning, are they here
now? All right, go right ahead, Mr. Sorg. We are waiting for you. ,
Mr. Stuart Sorg: Mayor Ferre, members of the City Commission, Mr. Gary, I
am here today on the proposed ordinance creating the Department of Harbors
and Rivers. This has been reviewed by the City Manager, the City Attorney.
Our recommendation is that we approve the memorandum that was prepared by
the City at this particular time; however, that between now and the Second
Reading that a special group composed of Mr. Ginny Merrill, Mr David Block,
Mr. Raphael Huggett and myself meet with the City Manager for the purpose of
clarification of a couple of the items in the proposed ordinance I don't
think are absolutely clear and I think it would be more accepted by the
river people if it were a little more clearly defined.
Mr. Dawkins: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Dawkins: I've got many more concerns than that, like I would like to
know the annual cost of this. I would like to know the department staff-
ing plan, organizational placement and an organizational chart. I want to
know the qualification requirements for the directors and the subordinates
and your recruiting plans for filling these. I want to know what the citi-
zens are going to benefit and then I need to know the definition like you
got here - what "oversee" rears. Who is going to collect the fees - where
do they go, and why, and for what purpose are the review and recommendation
of the policy and procedures come about. Who implements and takes
command of the vessels, shelters and evacuation plans. How will the depart-
ment enforce a hurricane boat plan. Who will this program assist? Mar-
keting study definition and why not let the Planning Department do these
planning studies? Now, these are some concerns that I have. If you can
tell me that they will be answered at the Second Reading, then...
Mr. Plummer: Prior to.
Mr. Dawkins: Prior to Second Reading? I have no problem.
Mr. Sorg: I don't want to answer any questions, because I want Mr. Gary
to do that, but I would like to say that on this...
Mr. Dawkins: All right, I will defer this until the next meeting after I
have talked with Mr. Gary, and then Mr. Gary can tell me what I want and
then I will talk with you.
Mr. Sorg: I just wanted to make one statement, Commissioner.
Mr. Dawkins: I move to defer.
Mayor Ferre: We have a motion on the floor. I will recognize you for
discussion on it in a moment. Is there a second on the motion to defer?
Mr. Plummer: Well...
Mr. Garcia -Pedrosa: Do you want to say something, J. L.9,
Mr. Plummer: Yes, I want to say something, you know. I want to say to
my good friend Miller Dawkins... Miller, I see no harm in letting this go
on the First Reading, with the assurance that if five days prior to the
next meeting they don't come and answer all of your questions, that it
be deferred at that time.
Mr. Dawkins: Okay - no problem.
52
APR 6 1983
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Mr. Carollo: I am going to move it at the First Reading.
Mayor Ferre: You withdraw your motion? There is a motion on the floor on
First Reading. Is there a second?
Mr. Plummer: I second the motion, but with the full understanding, Mr.
Sorg, that five days prior to the next meeting (and I would suggest ten)
that you get that'list of questions from Commissioner Dawkins and any other
Commissioners that have questions and discuss the matter with them, so
when it comes up on the Second Reading. hopefully, there will be a full
communication, not necessarily that they will agree, but at least they will
be fully informed. With that in mind, I will second the motion.
Mayor Ferre: All right, there is a motion and a motion and a second. Is
their any further discussion? Now, I know that several people who own
property on the river are here and members of the Marine Council. I don't
want to preclude them. There are a lot of time pressures, but I don't want
anybody to feel that they didn't have an opportunity to say something.
fir. Sorg: Mr. Huggett, I would like to speak. He is the director of the
:Miami River Businessmen's Association, who is one of the supporters of
this.
Mayor Ferre: Is there anybody here who is an objector to this? Is there
anybody here who is an objector? Does anybody in the audience on this wish
to discuss any objections? Okay.
Mr. Raphael Huggett: Mr. Mayor and members of the Commission, my name is
Raphael Huggett, address 3701 N. W. South River Drive. We have no objection
about the new department and actually, right now at this stage, we would
present no objections. I don't have any. I don't know if the Marine Council
will one...
Mayor Ferre: Now, Ray, onetime when you and I talked, you were not too
sure that you were a supporter of this.
Mr. Huggett: Well, we did work with Mr. Sorg and with the City Manager,
and we came up with some conclusions, as a matter of fact on...
Mayor Ferre: It is part of our package. Is that part of our package?
Mr. Huggett: Yes, Mr. Mayor, and Commissioners, we sent a letter on February
28, 1983 to Mr. Sorg with copies for yourself and all the Commissioners, re-
garding what we would recommend. Part of that.recommendation was that we
thought that a committee composed of the council and that Miami River Business-
men's Association could act as an advisory bbard to this new department. We
are worried about not only that this department could be harbors and rivers,
but perhaps it could be included that this department entails the already...
you have a department already, the Office of Marinas, because I don't know
what the Office of Marinas will be doing after you create that Department
of...
Mayor Ferre: Well, we don't have an Office of Marinas, except in the marinas
here. That has nothing to do with the river. See, he is thinking of marina -
you are thinking in Spanish now, about the...
Mr. Huggett: No, actually, we do have some marinas on the river. We do.
Mayor Ferre: That is not what this is - that has nothing to do with that.
Mr. Huggett: That is right, well in any event, we do - on our last paragraph,
while we are in agreement on establishment of both department of harbors and
rivers, we wanted to suggest to you that perhaps a committee, an advisory
committee appointed by the Commissioners could act as advisors for the policy
maker of this program.
Mayor Ferre: Right.
Mr. Huggett: We will lend our expertise on a day to day basis on the problems
we might encounter on the Miami River.
63 APR 61983
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Mayor Ferre: All right, Mr. Manager, are you in full agreement with all of
this?
Mr. Gary: Yes, we have been compromising in working out our problems and
differences.
Mayor Ferre: So you will answer Commissioner Dawkins's questions.
Mr. Gary: Yes, sir.
Mayor Ferge: And we will have a full public hearing at the Second Reading,
if anybody wishes, any objectors, wishes to come forward. At that time `
we will. -..are you an objector?
(INAUDIBLE COMMENTS - NOT ON MICROPHONE)
Mayor Ferre: Fine. Come on up.
Mr. Dick Briggs: I am Dick Briggs. I am the Executive Director of the
Marine Council, and I am not speaking officially as representing a point of
view of the Marine Council, because as we can see by the short discussion
we have had so far, there are many variations and shades on this, -and all
I am doing is kind of reflecting a sense of some of the people who are
representative of the marine community and I think that it is fair to say
that no one says the City, and those working with it and for it does not
have every right in the world to evaluate the introduction of the new
organizational entity to handle some of the matters facing it on the
harbors and rivers. But, the main thrust of what I want to say is, and
this will come in later hearing, which we thoroughly advocate, a public
hearing, not simply workshop, which we have had, which didn't seem to get
our viewpoints across too well, but what we want to put across is that we
should list all of the problems that are being faced - what they are, and
then analyze very systematically and professionally what is the best solu-
tion to those problems, not go in with the assumption that a new department
of City government is automatically required to solve all of these problems
that we don't even know what they are yet. Let's look and list the problems
and say "Well maybe this can be done by the Planning Department; maybe this
can be done by the Marinas Office; maybe this doesn't need to be done at
all, etcetra, etcetra...marketing studies, maybe that can be done by some
of the other agencies in City government". In this day of austerity, etcetra,
we don't need to just leap into a situation where we are starting a whole new
department, which is on the same level as the Parks and Recreation Department,
Public Works, etc., without really analyzing it, and we, from where we sit,
don't see all those studies having been done and all the justification.
We are concerned... yes?
Mayor Ferre: Mr. Briggs, are you going to make this presentation at the
Public Hearing?
Mr. Briggs: I will be involved, yes, sir.
Mayor Ferre: Thank you.
Mr. Briggs: I do not want to take any more of your time, but I just want
to underscore the basic points, that we are going about this a little bit
backward by saying let's have the department and fill in a lot of duties
for it, and I think we should find out what the problem is and how best
to solve it.
Mayor Ferre: Okay, Mr. Sorg, very quickly.
Mr. Sorg: Let me just say, Mayor, that this presentation came after two
years and with meeting with many people on the river, but I would just like
to make one point, that what Commissioner Dawkins read, the names listed
on there - Mr. Plato Cox and the Miami River Businessmen's Association and
the Miami River Coordinating Association, which he lists on here, were not
in agreement with this thing today, so they were not part of the statement
that...
Mayor Ferre: They are not in agreement? I just heard...
Mr. Sorg: The didn't support the statement that Mr. Dawkins read - all
the names are listed here and each one of them is here today.
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54 APR 61963
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Mr. Plummer: Well, he said he wasn't representing the Marine Council!
Mr. Briggs: May I say something in response?
Mayor Ferre: Very quickly.
Mr. Briggs: The letter that Mr. Sorg refers to is not ... it is just an ad-
visory document and it doesn't propose... everyone of those names listed
on it are people who are aware of that, and we didn't do anything under
cover.
Mayor Ferre: I don't see it that way either and we will see you at the
Public Hearing on this matter. Agenda Item Number 37 is on now before us.
Is there further discussion on Item 37? If not, read the ordinance please.
AN ORDINANCE ENTITLED -
AN ORDINANCE CREATING A NEW DEPARTMENT TO BE KNOWN
AS THE "DEPARTMENT OF HARBORS AND RIVERS ADMINISTRA-
TION", PROVIDING FOR THE APPOINTMENT OF A DIRECTOR
BY THE CITY MANAGER; PRESCRIBING THE FUNCTIONS AND
DUTIES OF THE DEPARTMENT; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo and seconded by Commissioner Plummer
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-Mavor 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 members of the public.
Mr. Plummer: I would hope Mr. Sorg would announce about next Tuesday
morning.
Mayor Ferre: What happens next Tuesday morning?
Mr. Sorg: Well, Mayor, the Hydrofoil will'begin a six day feasibility
study and those persons in the City who would like to ride it on Tuesday,
it is going .to be at Monty Trainer's waterbus terminal.
Mayor Ferre: Is it fully insured?
Mr. Sorg: Yes, sir, and we are looking forward to having you.
Mr. Perez: For the second reading, I would like to ask a question of
Commissioner Dawkins.
Mayor Ferre: Go ahead.
Mr. Perez: How will the Office of Marinas operate this Department.
(INAUDIBLE COMMENTS - NOT ON MICROPHONE)
Mr. Perez: Okay, but I would like you to let me know.
55
APR 6 t983
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6
18. MOTION OF INTENT: APPROVE REQUEST OF $15,000 REPRESENTATIVES
OF PRO ARTE GRATELI.
Mayor Ferre: We are now on Item "N" - Arte Grateli. They patiently waited
all morning. Are they still here? Mr. Manager, on Item "N", as I recall,
the people from Grateli were here at the last Commission meeting. We asked
that you'meet with them and return with a recommendation, so in the interest
of time, what is the Administration's recommendation?
Mr. Gary: Mr. Mayor, the Administration's position is that we do not fund
those organizations, but we buy tickets and give to disadvantaged youths.
Mayor Ferre: Do you have a specific fig -.:re in mind, Mr. Manager?
Mr. Gary: Probably about two thousand.
Mr. Dawkins: Two thousand tickets at $10.00 a piece?
Mayor Ferre: Two thousand tickets?
Mr. Plummer: No, $2,000.
Mr. Gary: $2,000 worth of tickets.
Mr. Perez: I think that they are requesting one thousand tickets. They
have a budget here of $20,085.
Mr. Gary: No, what they are saying is that if we give them $20,000, they
will put on a festival and they will also give us a thousand free tickets.
That is what they are saying.
Mr. Plummer: Yes, and Mr. Manager, in their budget, I call to your atten-
tion the charges being made by the County for their facilities, because I
want to tell you, we are a bunch of pikers compared to what they have out-
lined in that budget for costs involved, and I would hope somebody in doing
an analysis would realize why we are getting so many requests is because
of the fact that the County is almost double what we are.
Mr. Gary: As I told you last meeting, the County is smart. We are not as
smart as they are.
Mr. Plummer: I won't agree with that. Maybe the County Manager is smarter,
because he doesn't make comments like that! (Laughter)
Mayor Ferre: All right, the chair recognizes you.
Ms. Ana Margo: My name is Ana Margo and I am representing Pro Arte Grateli,
1059 S. W. 27th Avenue, 642-6935. This is the first time in fifteen years
that the Pro Arte Grateli has asked any help from the City of Miami. We
would like to present the Cuban Zarzuela "Cecilia Valdes and we would like
to have a special performance in which we will give one thousand free tic-
kets and distribute it to the City of Miami amongst minority, aged and school
children for the performance of July 22nd. Also, the Pro Arte Grateli is
made up of all sorts of minorities. There are Americans; there are Blacks;
there are Latins, and as I said before, for fifteen years we have not ever
asked for any kind of help and we want to give this special performance
in order to help all the minority groups which we have helped throughout
fifteen years, but we need a lot of help this year especially, because we
do have a very big deficit in the company, and that is why I am here in
representation of the Pro Arte Grateli.
Mr. Gary: Mr. Mayor, first of all, just to demonstrate consistency on
the part of the Administration, if you recall at the last meeting, we had
a group they wanted to bring this Nigerian dance group in.
Mayor Ferre: No, no, it wasn't Nigerian - that was organized in Nigeria.
ld AFR 6196'1
0 40
Mr. Gary: Ghana...Nigeria...Ghana...Ghana, and opposition was the same as
it is now, and what I have recommended to you complies with that policy,
wherein the Commission told me to take into consideration what we have given
similar types of organizations, and we will be recommending on that other
one $2,000 also. I am also - we are trying to research it. It is staff's
impression also that we gave this organization some money last year. We
will check.
Mayor Ferre: Let -me tell you why I disagree with that. The Ghana troop is
a forei-gn-troop that may or may not come through Miami, and where two or
three Miamians are involved in sponsoring that - it is a very important
cultural.group, and I don't have any problems with that. Grateli is without
any question, any doubt, the single, most successful Miami based cultural,
artistic representation, period, bar none, in the Hispanic community. They
have been here for twenty years - they have been funded by the Federal
Government in the past, by the Funds for the Arts...
Ms. Margo: Right.
Mayor Ferre: They have gotten grants from the Ford Foundation...
Ms. Margo: From the National Endowment for The Fine Arts.
Mayor Ferre: National Endowment for The Fine Arts. It is without a question,
the single, most successful artistic presentation in this community - in
the Hispanic community... in addition to which, they usually put on what?...
five or six presentations a year?
Ms. Margo: No, they put one presentation per month, not necessarily always
a musical, or a zarzuela, but there is always one presentation per month.
Mayor Ferre: If you look at the cumulative people, I have been to their
programs - you can't get a seat in the place. I mean Dade County Auditorium
is packed. I mean, there is not one seat available, so it is a major, major
community asset, and successful. Now, the question here is to what extent
the City of Miami can, or should be a sponsor. Now, I happen to be suppor-
tive. I don't think we can support you for $20,000, but I happen to be
supportive of this, because let me tell you what my criticism is of your
productions - you are so successful, and there are so many people wanting
to go to your productions, that I do not see too many disadvantaged people
going to these productions. You are addressing that issue with your request.
Ms. Margo: What we are saying is, unfortunately is that usually Cuban or
Latin zarzuelas, when they are played, the majority of the people don't
turn out. They turn out for the very big, famous names that come in to
perform, but when we do something for the community, with your local artists
in order to give cultural help to everyone and let everyone participate,
that is when the people don't want to come in, and that is why we have
that deficit.
Mayor Ferre: And there is one other thing that I want to point out to
you, and this is not a criticism of you or your organization. These are
just circumstances and it happens community wide. In the performances that
I go to, I don't see one American - North American White, or Black. It is
usually 99% Hispanic. The same thing happens in Black productions, where
the majority of the people that go there are Black. Now, I understand -
that is human nature, but I think we are going to be supportive, we ought
to try to get some of this cross-cultural fraternization.
Ms. Margo: But, we have had Anglos and we have had Blacks.
Mayor Ferre: Of course, no question. I am not saying that you are ex-
cluding. I am just saying that the people who go are those who know what
they are going to, and they know....
Ms. Margo: That it is a Latin presentation.
Mayor Ferret .... and that they are going to a first class presentation and
therefore they fight to get the tickets.
Mr. Dawkins: But, on the other hand, you really aren't doing is a favor for
my money when you tell me that you are going to give me tickets for a
dress performance. In other words, n
want me to pay to see you rehearse.
ld APR 61963
ld
Ms. Margo: No, no, no.
Mr. Dawkins: That is what it says here!
Ms. Margo: The thousand tickets are free. What we are going to give is
student tickets.
Mr. Dawkins: One thousand tickets to be distributed by the City of Miami
among minorities,,. aged, children for the July 22nd dress performance.
Ms. Margo^ Which is a performance - a dress rehearsal.
Mr. Dawkins: Is a rehearsal!
Ms. Margo: No, it is a full performance. It is a technical rehearsal, but
it is a full performance. It is done from top to bottom, so it is a perfor-
mance and the tickets are free, so the people you give those tickets out,
they won't pay for that show.
Mr. Gary: Well, they are free to give $20,000, but they obviously aren't
free.
Mayor Ferre: They are free to the recipients; they are not free to the
City.
Mr. Gary: Yes, we are paying for them.
Mr. Perez: Mr. Mayor. let me...
Mayor Ferre: All right, whatever it is, what is the will of this Commission?
Mr. Perez: Let me emphasize something. I would like for us to recognize the
efforts of the Pro Arte Grateli. I think Ana Margo is the best example of
our bi-lingual Community when site came to this country and Site is
a good example of what our multi -cultural community...I would like to recognize
also that this is the first time that the Pro Arte Grateli comes to the City of
Miami. This is a first class event and that is the classic kind of cultural
activity that I think that we have to promote in this community. I would like
to propose... to move a motion that we approve in full the request that they
are making. I think...
Mayor Ferre: I will recognize you for the purposes of that motion in a moment,
but I think let us hear from the rest of the members of the Commission and
then I will recognize you for the motion. All right, Joe, you wanted to say
something?
Mr. Carollo: Mr. Mayor, the motion is to approve the full amount that they
are asking, correct? The only thing I would like to ask Ana is, on the rental
of the auditorium - that is Dade County.
Ms. Margo: Correct.
Mr. Carollo: That is $4,600. Have you tried to get Dade County to give you
a contribution for that amount, or give you the auditorium as an in kind
service?
Ms. Margo: Yes, and they don't.
Mr. Carollo: They don't whatsoever?
Ms. Margo: If not, we wouldn't be in this kind of situation.
Mr. Carollo: Have you tried to get a contribution from them for $5,000?
Ms. Margo: It is union theatre, and once union is involved, we all know what
a union is like - and they don't. They don't do any kind of...
Mr. Carollo: So there is no way that you can get any kind of contribution
from Dade County.
APR 61988
i
Ms. Margo: No, sir.
Mr. Carollo: Have you tried to go to any of the other municipalities to get
help from them?
Ms. Margo: That I know of - not right now.
Mr. Carollo: Where would the funds come from, Mr. Manager?
Mr. Plummer: Ah ha!
Mr. Gary: Don't ask me that question.
Mr. Carollo: I am not asking Les Brown. Where are the funds going to come
from? Les, you had better watch it. He might take it from your program.
You might be down to $80,000 in a few minutes!
(INAUDIBLE BACKGROUND COMMENTS - NOT ON MICROPHONE)
Mr. Carollo: I want to make sure my friend "Comrade" Zaldivar doesn't get
upset.
Mayor Ferre: Is there any way you can hold it from...
Mr. Carollo: He doesn't know, but...
Mayor Ferre: Could you hold this performance in Gusman Hall, or is the stage
too small?
Ms. Margo: For this type of performance, it is. There is one hundred fourteen
members in the cast alone.
Mayor Ferre: You couldn't fit them on the stage. That is what I figured.
Mr. Carollo: Let me say this. I believe that at least that $4,600, you
could probably get that from Dade County one way or the other, or least
from some of the other municipalities of this County. I think Hialeah might
be willing to help - maybe even some of the others, but I believe this -
that I think the City of Miami has an obligation to try and help positive
and good cultural events such as this. When I read in the pages of the Miami
Herald how they are promoting some other cultural events that are being held
by "Cubans", when these are individuals whose loyalty and patriotism to the
United States, in the particular group that I am talking about now, that
recently appeared in the Herald...individuals whose loyalty and patriotism
is very much in question to the United States, and when you hear all kinds
of allegations from different law enforcement agencies as to
how many of those indviduals are actually working for a foreign government
in espionage, and these are the people that the Miami Herald wants to promote,
and then you see positive, cultural programs like this - they don't want to
talk about this. They don't want to do, or lift a finger to help something
like this. I think this Commission has an obligation to try and help you,
and I would do this - you are asking for a total of $20,085. I will approve
$15,000. I will make a substitute motion, and the substitute motion is to
approve $15,000. I guess you could say $1,000 for every year you have been
in existence, and I will try to help you personally, if need be - go with
you to Dade County, the City of Hialeah, or any other municipality that we
can try -to get to help us in this.
Mayor Ferre: All right, there is a substitute motion on the floor. Is
there a second?
Mr. Perez: I second it.
Mayor Ferre: Is there further discussion?
Mr. Plummer: The only other discussion, Mr. Mayor, is that I am still wait-
ing to hear the answer. The question raised by...
Mr. Carollo: The Manager is going to work that out with Les.
Id
.59 APR 61983
0 �&
ld
Mayor Ferre: This is a motion of intent. The Manager has to come up with
his recommendations and I think it is unfair at this time to ask the Manager
to do that until he goes over the budget.
Mr. Carollo: He needs some time, I realize that. That he was trying to tell
me here, right Howard?
Mayor Ferre: Further discussion.
Mr. Dawkins: Only discussion is - I am going to say it now and I keep saying
it every.time. Somewhere, Mr. Gary, you are going to run out of money and
when you do and the State of Florida puts you in jail as the City Administrator -
who operated the City at a deficit, I am going to send you some mints.
Mayor Ferre: You will send him some what?
Mr. Dawkins: Mints.
Mayor Ferre: All right. All right now, with that statement into the record,
is there further discussion.
Mr. Carollo: I'll send you jelly beans, alright?
Mayor Ferre: Call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption.
MOTION NO. 83-287
A MOTION OF INTENT OF THE CITY COMMISSION TO APPROVE A
REQUEST MADE BY REPRESENTATIVES OF "PRO ARTE GRATELLI"
FOR AN AMOUNT OF NOT TO EXCEED $15,000, WHICH FUNDS ARE
INTENDED FOR 3 CULTURAL PERFORMANCES, ONE OF WHICH SHALL
MAKE AVAILABLE 1,000 TICKETS TO THE DISADVANTAGED, THE
AGED, MINORITIES AND SCHOOL CHILDREN; FURTHER URGING PRO
ARTE GRATELLI TO SEEK EXTRA FUNDING FROM OTHER GOVERNMENTAL
AGENCIES; AND FURTHER REQUDSTING THE CITY MANAGER TO COME
BACK WITH A RECOMMENDED SOURCE OF FUNDING FOR SAID EVENT.
Upon being seconded by Commissioner Perez, the motion 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
19, MOTION OF INTENT TO APPROVE A REQUEST BY INGRID GRAU FOR WYN-
WOOD ELDERLY CENTER HOT MEALS PROGRAM.
Mayor Ferre: Mr. Manager, can we let these Senior Citizens go back? On Item
Number 11, what is the Administration's recommendation? Dena?
Ms. Dena Spillman: Mayor, this is part of our 9th Year Community Development
Program and we have a public hearing on this and other programs at 5 o'clock.
APR 6 1983
Mayor Ferre: These people aren't going to stay here till 5 O'Clock.
Ms. Spillman: No, I understand that but I just wanted to make you aware
that it is a part of the program. Our situation is this: All the social
service agencies have asked for increases, this is not the only one. We
have a cap, a restriction on us by the federal government that we cannot
go over-and•I'm..afraid we are in a situation where we're going to have to
fund everybody at the'same level as last year out of Community Development.
Mayor Ferre: All right, Ms. Ingrid Grau.
Ms. Spillman: She's in the lobby.
Ms. Ingrid Grau: Good afternoon Mayor, Commissioners. As you can see, we
are in need and in need to keep our program open. We have been working, we
have been operating with $120,000 for over two years and we have been allo-
cated this year the same amount. This means either open or close. Since
we have been ignoring inflation and cost of living increase, this year our
program will have to close its doors if we don't get $21,000 besides the
regular allocation that we have been recommended for and that is about it.
Air. Carollo: How many elderly are you serving right now?
Ms. Grau: Daily 210, an average of that.
Mayor Ferre: How many?
Ms. Grau: 210 daily.
Mr. Carollo: In other words it comes to an average of 210 daily.
Ms. Grau: More or less.
Mr. Carollo: Okay, how much are you spending daily on meals?
Ms. Grau: 1.65.
Mr. Carollo: 1.65 per person?
Ms. Grau: Per meal, but Catholic Service Bureau provides this meal.
Mr. Carollo: Okay, now the $21,000...
Ms.,Grau: Is for operating costs.
Mr. Carollo: When you say operating costs, what kind of operating costs?
Ms. Grau: Rent, telephones, electricity, transportation, two buses, gas,
liability....
Mr. Carollo: Do you have a breakdown of what that $21,000 is going to?
Ms. Grau: Yes, I do.
Mr. Carollo: Can I get a copy of that, please?
Ms. Grau: No, I don't have it with me right now.
Mr. Carollo: How much do you have right now as far as your operating pro-
gram?
Ms. Grau: In salaries $80,000....
Mr. Carollo: You have $80,000 in salaries?
Ms. Grau: Right. �� .
rt APR 61983
Mr. Carollo: How many people does that employee?
Ms. Grau: That's six.
Mr. Carollo: Six people? What salaries do they make?
Ms. Grau: My salary is $16,900.
Mr. Carollo: You're the director of the program?
Ms. Grau: I am the director.
Mr. Carollo: What are the other salaries?
Ms. Grau:• They range from $7,000 to $12,000.
Mr. Carollo: Okay, in as far as what you actually spend on a yearly basis
to service 210 people per day, how much do you spend on food, just on food
now to service them? When I say service, let me divide it in this fashion.
How much do you spend strictly on food on a yearly basis?
Ms. Grau: Commissioner Carollo, we get 150 meals from Catholic Service Bureau.
We're talking about the operating costs, rent that has been doubled, liability
that has been doubled.
Mr. Carollo: They donate 150 meals a day free?
Ms. Grau: Right.
Mr. Carollo: Now, on the other 60 meals, do you pay for those?
Ms. Grau: We don't, serve, we have a waiting list, but we serve 210 average
in social service and transportation besides meals.
Mr. Carollo: In other words it is only 150 meals a day, that eat.
Ms. Grau: Yes.
Mr. Carollo: Okay, so when you say you service 210 people you're saying....
Ms. Grau: And 150 you've got right here only.
Mr. Carollo: You say 150 on food and the other 60 is other types of service.
Ms. Grau: Yes.
Mr. Carollo: What are the other types of service you provide?
Ms. Grau: Transportation, house cleaning, counseling, information referral.
Mr. Carollo: Okay, what is your total operating budget for a year?
Ms. Grau: $120,000 from Community Development and 120 in meals and operating
costs .....
Mr. Carollo: So you have $120,000 from Community Development and the other
$120,000 is what the Catholic Church gives you in meals. Okay, out of the
$120,000 you've got $80,000 that's for salaries and the other $40,000 is for
what exactly?
Ms. Grau: Rent, gas, bus maintenance, equipment.
Mr. Carollo: How many buses do you have?
Ms. Grau: Two, which pay a lot of liability.
Mr. Carollo: So the $21,000 is going to what exactly?
Ms. Grau: The $21,000 is going to replace, we had to lay-off somebody and
now we have a part time social worker only. This is to replace her with
four hours, that's what we had to do in order to keep operating this year
with the same allocation as 1980 and to re-establish that and to re-establish
our service to the way that we can survive and still be open. The way we are,
the rent has doubled and all our bills have doubled so there is no way we can
keep our doors open paying the same level of salaries and everything the same.
.62 APR 61983
rt
0
Mr. Carollo: Okay, starting when do you need the $21,000?
Ms. Grau: Starting July 1st.
Mr. Carollo: What I'm going to do is I'm going to make a motion to approve
the $21,000 they're requesting on a first reading. I want it to come back
for a second reading and for you to bring in a list of break -down of where
every penny of that $21,000 is going to. That is the only thing that I re-
quest - for you to give us'a break -down of where the $21,000 is going to.
We're going to approve it on first reading, you come back and we'll approve
it then on second reading and I personally am going to want to go through
your pgoram and make.sure that it is going to operate at the fullest capac -
ity that-it*can"like I'm sure that you're going to try to do.
Ms. Grau.• Thank you.
Mr. Plummer: Second.
Mayor Ferre: There's a motion and a second. Is there any discussion?
(Thereupon Commissioner Carollo made an explanation in Spanish whereupon
ensued a brief converstion in Spanish.)
Mr. Plummer: I make a Notion, on a full time basis that she fully replace
Commissioner Dawkins.
Mayor Ferre: Further discussion on the motion as made and seconded? All
right, call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 83-288
A MOTION OF INTENT TO APPROVE A REQUEST MADE BY INGRID
GRAU ON BEHALF OF THE WYNWOOD ELDERLY CENTER FOR ADDI-
TIONAL FUNDING FOR THE WYNWOOD HOT MEALS PROGRAM IN THE
AMOUNT OF $21,000; FURTHER STIPULATING THAT A BREAKDO14'N
OF EXPENDITURES BE FURNISHED TO THE CITY MANAGER BEFORE
SECOND READING.
Upon being seconded by Commissioner Plummer, the motion 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.
rt
APR 61983
0
20. ANNUAL EVALUATION OF HOWARD GARY. CITY MANAGER, AND GRANT 10%
MERIT INCREASE.
Mayor Ferre: The press is here on Item E and we're going to take up Item E
so that they can go home back to Wynwood too. All right, Mr. Manager, we're
now going -to take up Item E. Mr. Manager, do you want to make a statement
or do you just want to just stand on the submitted....?
Mr. Gary: I'd like to stand on the submitted document, Mr. Mayor.
Mayor Ferre: All right, questions from members of the Commission on E which
is the yearly evaluation of the City Manager. Okay, questions from members
of the Commission. We're now on the annual evaluation of the City Manager.
Mr. Carollo: Let me start by saying this, Mr. Mayor. With all respect to my
colleagues and the Manager and everyone else present, I am really beginning
to wonder what we're doing with these annual evaluations. When it comes
right down to it, the Manager is just like the City Attorney and the City
Clerk, the three individuals that work directly for us, they're really being
evaluated by each of us on an every day basis. When I have a problem with
the Manager or the City Attorney or the Clerk I go right to them, we sit
down and we work it out. I'm sure that's how the rest of you handle it.
So in as far as the need for a yearly evaluation to really rehash the accom-
plishments that we all have done, I am beginning to see that there is really
no need for it. I don't know what is to be accomplished except for the nega-
tive factors of this Community trying to take advantage of that and to try to
create false impressions within our community. I think that what we have to
do today, it's not an evaluation of the Manager, we don't have an evaluation
either for that matter for the City Clerk when we discuss his salary increase,
but what we're really here to discuss today is whether we're going to give
an increase in salary, a cost of living increase, a salary increase, whatever
you want to call it, to the Manager. As far as the evaluation goes, I think
we all know the accomplishments that we all have worked and done together,
whatever difference of opinions, difference of style of work that we have,
we deal with the Manager on that on a daily basis. Now, as far as the real
top that we're here today, the increase of salary for the Manager, I want to
look at it in the following way. I don't care who is sitting here as Manager
now, who sat there yesterday or who will sit there tomorrow. I think that we
have to deal with the position, not with the individual and that's what I'm
dealing with. I was one of the three votes that placed this Manager where
he is today, in fact, I was the first vote that brought up his name on this
Commission in the beginning so I think I am'on a little firmer ground to be
able to speak than maybe some of the others. What I want to do is the follow-
ing. I want to start setting some guidelines not only for whomever is City
Manager now or 20 years from now or for all the Assistant City Managers, City
Attorney, City Clerk, Department Heads, Assistant Department Heads. I think
we have to begin to have some control into the salaries of our top administra-
tors. I want to make sure that our top administrators are being paid well.
They work hard, they deserve to make a good salary. If we want to make sure
that they keep working hard and that we attract top administrators to the
City of Miami we have to pay them a good salary. At the same time, I don't
want to be paying them more than anyone else. I think that we owe and have
a great responsibility to the people that pay the bills in the City, the tax-
payers as to where their funds go to. I think that what needs to be done
is the following: I think that this City Commission should set a policy for
now and for ever. That policy should be the following: That we get a list
of all the cities in the country that have a population from 300,000 to
500,000. The City of Miami has a population of approximately 400,000 people
now so we'd be right in the middle, and get the scale of what those cities
that have the size approximate to our's or a little smaller or a little larger
pay their City Manager, their City Attorney, their City Clerk, their top
administrators, Fire Chief, Police Chief, Sanitation Director. When we've
got a list of all the cities that are between 300,000 to 500,000 and what
they pay their top administrators, then what I would be in favor of is to
pick the five cities within the guidelines that I described that pay their
administrators the most and come to an average salary of those five top cit-
ies and whatever the average salary of those top five cities is, that should
be the limit of what we should pay our top administrators and we should have
a freeze as to whatever that is. And as those cities gradually in the future
rt 64 APR 6 1983
0
increase their salaries then we should average that increase out to whatever
it comes to. But I don't believe that the City of Miami can afford to be
the number one city in the country that pays its top administrators, and I'm
not just talking about the City Manager, I'm talking about others. I don't
think that the City of Miami can afford to be the number one City in the
whole nation that pays its administrators more than anyone else. We're no-
where near the size nor do we have anywhere near the budget that New York
City, Chicago, Los Angeles, Houston, St. Louis, Detroit and other large cit-
ies have. We're really a very small city compared to some of our major cit-
ies around the country. Our yearly budget is extremely small compared to
the-cities;that.1 mentioned and others. So how can we really afford to pay
these salaries? I think that the proposal that I have made is a fair proposal
for our people that work for the City besides the salary that we pay our top
administrators, this City also pays a pretty hefty figure in expenses, insur-
ance, etcetera. I'd be surprised if there were too many of our top adminis-
trators, our department heads or above that besides whatever salary they
make, if they make too much under $20,000 a year in additional benefits. I
think we have top administrators that besides whateve their salary is, they
make 20 and possibly some even $30,000 a year in additional benefits from the
City of Miami and I think that by any standards private enterprise or govern-
ment, that is some pretty good salaries and benefits that we pay. So, that
is my opinion. I respect others that might differ with me, but I think that
we have to set an example at the top and it is extremely difficult to try to
deal with our lower echelon employees in our unions and try to ask them to
tighten their belts when we're not tightening our belts at the top.
Mayor Ferre: All right.
Mr. Dawkins: Mr. Mayor, colleagues on the Commission and residents of the
City of Miami, I would like to say now that I think Mr. Gary has done an
exceptional job as City :tanager of the City of Miami. As to his evaluation,
in my opinion, evaluations are learning processes which spell out the em-
ployer's expectations and some to vent employee or employer frustrations.
All evaluations should have a purpose. So what is the purpose of evaluat-
ing Mr. Gary today? Are we looking for Mr. Gary's strong points to help
him improve on them? Are we identifying his weaknesses, spelling out correc-
tive measures we can use to correct identified weaknesses? Are we looking
for a more harmonious relationship between the Manager and the Commission or
are we evaluating him to see if he really deserves a cost of living raise?
I would be remiss if I were not to mention the negative editorials and media
comments regarding the expected raise for Mr. Gary. How quickly we forget
that only a short time ago the same media commented positively to Mr. Gary's
handling of the December disturbance where black on black, and Mr. Gary
could control black people, he was the best thing since high button shoes.
Now, that was fine as long as he was working for the betterment of the City
of Miami. However, now that it is time to jay him for working up comes that
old non -no better known as institutional racism. Is it because Mr. Gary is
black that he does not deserve a cost of living raise that was given to
everyone else or is it because he is black that someone somehow that you,
the public cannot face reality and bring yourself to believe that a black
man should earn that amount of money regardless of how professional he is?
Mr. Gary, remember before when I told you not to give up your contract?
That's what I admire about you, you're hard headed and stubborn. You gave
up your contract which automatically gave you a cost of living raise. The
reason you gave it up was because this Commission suggested that you give
up your whatever it was, contract, agreement of services, and that you come
before us annually and be evaluated as to whether you should receive the
cost of living and I warned you that this would haunt you, didn't I? Okay.
All in all, you have done a tremendous job but as I told you before, I'm
dissatisfied with your performance as a person in charge of the Police and
Fire Departments. Both the Police and Fire Departments lack sensitivity
for the upward mobility for minorities. As we said this morning, there are
no blacks in the higher echelons of either one yet we have a Chief of Police
who is an expert in everything and on everything. Ask him anything and he
can tell you how to get it done or what to do to do it but he has not found
a way to advance minorities in the Police Department which he and I will work
on. An example of what I'm telling you, the other day the Police Department
promoted three blacks to sergeant and we only gained one because two blacks
were promoted to lieutenants so we really didn't gain anything. All of this
was done because of the Consent Decree. Now, Mr. Gary, there are four blacks
on the Lieutenant List not and I couldn't find out how many Latins. It would
appear to me that the Police Department, if it had good faith, would make an
effort to promote one or two of those blacks and one or two Latins up to the
lieutenancy because as we said this morning, unless we get some lientenants
we would never get a chief. I will send you my concerns concerning the
rt
• APR 61983
0
4
Department, the Fire Department in a memo. Even with all of this, I want to
congratulate you for a job well done and I recommend a 10% cost of living
increase, merit increase in that 10% of your salary is no more than $9,000
and irregardless of how great the media may make it sound, when you think
of the cost of living and what it costs to live today with a man with a
wife and two children, 9 or $10,000 is not that much, therefore, I'm recom-
mending a merit raise for you of 10%.
Mayor Ferre: All right, before we go on, Miller, and this is not an argu-
ment, I don't want.to get into an argument with you about this, I just for
the-recoxd,.I want to clarify. what we're talking about is a merit increase
because a.cost of living increase, as I recall, in October, Howard, it was
8% and recently there was 2%. Right? So what we're talking about, let the
record stand very clear, is a merit increase. In other words it has noth-
ing to do with the cost of living, that has already been taken care and like
every other employee, the Manager received 8% and 2%, isn't that right?
Mr. Dawkins: No, he has to come to us.
Mayor Ferre: Sir?
Mr. Gary: There is an 8%, there is a 2% and there is a normal 5%. I received
8% already.
Mayor Ferre: You received 8%.
Mr. Carollo: From last September, correct?
Mr. Gary: Yes, sir.
Mayor Ferre: Well, that's what I thought.
Mr. Carollo: Yes, so this April is the 2% cost of living increase.
Mr. Gary: The cost of living is 2% and the normal anniversary is 5%.
Mr. Carollo: Right, the normal anniversary is 5%. So you're going based on
what was given to other employees, there is actually 7%, not 10%. Is that
correct?
Mr. Gary: That's correct.
Mayor Ferre: Yes, he understands but I don't, I got confused on this. Now,
Howard, in October you got an 8% cost of living increase?
Mr. Gary: Correct.
Mayor Ferre: Now, in April you got a 2% cost of living increase?
Mr. Gary: No, I have not.
Mr. Carollo: No, he has not gotten the 28 yet...
Mr. Gary: You told me I couldn't, we had to come before the....
Mayor Ferre: Now, when we negotiated with the unions it was 8 and 2, right?
Mr. Gary: Correct.
Mr. Carollo: But see, the other 8%, Maurice, will not come up until October
where all the other employees will have it.
Mayor Ferre: No, he already got 8%.
Mr. Carollo: Yes, but there is another 8% this October, correct?
Mr. Gary; The regular employees got 8% last October, I got that along with
the City Clerk and the City Attorney. 2% is in April, employees normally
get 5%. Then again there is another 8% and contrary to what the Herald
says, the City Attorney, myself and the City Clerk, we don't get our's before
the employees, we get it after the employees so I have not gotten mine first.
Mayor Ferre; All right, but the point I was trying to establish is that what
we're dealing with here in the salary increase is based on the merit of the
job you've done and it has nothing, as I understand it, with the cost of liv-
ing. 90910APR C 1983
rt
Air. Gary: No, it is both, the 2% and the 5%, the 5%, we don't call, merit,
we call really performance increase is based on a 5% normal anniversary...
Mr. Carollo: So where did that 10% come from, Howard?
Mr. Gary: You'll have to ask the reporters.
Mr. Carollo: Well, coming from the individual it came from I understand.
Mayor Ferre: The 5% is the anniversary?
Mr. Gary: Yes, 'sir.
Mr. Carollo: He was probably too busy reading the Communist Manifesto and
lost a page somewhere.
Mayor Ferre: Okay, I didn't mean to interrupt, I just wanted to get that
clarified. Commissioner Perez?
Mr. Perez: Mr. Mayor, personally I am very satisfied with the work of the
City Manager. I think that he is making a very good job especially in the
areas of leadership, professional integrity, administrative skills , about
the stability of performance, about the relation with the public and espec-
ially about the Affirmative Action Program I think that we have to be proud
of the record of our City Manager. At the time of crisis in this community
he was present there. I want to compare his salary with the private enter-
prise and I think that he is running a corporation of almost a regular bud-
get of $200,000,000 and I think that is a reasonable salary in order to the
responsibility that he has assumed. For that reason I want to make public
my full support to the Manager's record.
Mayor Ferre: All right, Commissioner Plummer?
Mr. Plummer: Mr. Mayor, I not only read the evaluation prepared by Mr. Gary,
I lived it with him during this past year and I am prepared to vote.
Mayor Ferre: First of all, let me as a little bit of humor read to you what
Alexander Haig applied to an aide when he was asked for a pay increase. Mr.
Haig replied, Mr. Manager, and this is something that you may want to keep
close at hand when some of the employees come to talk to you. Because of
the fluctuational predisposition of your position's productive capacity as
juxtaposed to government standards, it would be momentarily injudicious to
advocate an increase. The perplexed aide replied, "I don't get it." to
which Mr. Haig replied, "That's right.". Now, having had that little bit
of fun, let me explain to you how I feel on this. In the first place, I
don't think the fact that you came here five or six years ago making $30,000
or whatever or whatever you made has anything to do with the issue. In the
second place, I don't think the.color of your skin has anything to do with
the issue even though I think it is a factor in many of the determinations
and the public opinion, and it's not your fault or my anybody's fault, it's
just life in the country we live in and perhaps in the world. In the third
place, I don't think that what Merrit Stierheim makes or doesn't make or
what the Manager of Dallas makes or doesn't make has anything to do with it.
I think it is important and it is an influencing factor but I don't think
that is the determining factor. I think the merit evaluation of the City
Manager is something that the League of Cities, the Conference of Mayors
and the Association of City Managers all recommend, we put it in place, I
must admit that this year we really haven't done it the way we said we
were going to do it last year, and I'm not going to hold up the procedings
even though I think I technically could but I think perhaps that might be
unwise at this point because sure enough, as Les told me, it is going to be
misinterpreted and people are going to say that we're doing this for other
than what I honestly had in mind when I made that statement earlier. So we
had better get on and do this. I really do think that evaluations are im-
portant. Just the 22 page statement and the preparation of that statement
justifies the evaluation. (1) It gives the public and the press an oppor-
tunity to scrutinize it. (2) It gives the Commission an opportunity to
discuss it one by one with you. There are a lot of things, of course, as I
said this morning about the Police Department that you and the Commission
and in particular are a lot of things here that I feel very strongly that
we all were a part of and contributed to. But the fact is that the policy
as established by the Commission was carried out by the administration that
is headed by you. Now, let me give you my evaluation. I think that at
this stage of your career you are probably one of the best City Managers in
the United States and in my opinion, having worked with Mel Reese, Paul
r" APR 6 1983
rt W
0 i
Andrews, Joe Grassie and Dick Fosmoen that you are unquestionably the best
City Manager that this Commission, I think, and certainly I as Mayor have
had the opportunity to work with. And let me be specific. I think the way
you handled the distrurbance in January could not have been improved. I
think you handled that with a great deal of agility, common sense, I think
you saved this community both life and property. That alone, in my opinion,
is justification for recognition for merit. I am not altogether sure in
the Police Department in particular, whether you have been as strong as I
personally would have liked you to be with regards to the upper echelons of
the Police Department. And I don't mean by that or mean to imply that you
should have -fired the,Police Chief, I honestly do not believe that he should
be fired, I_think he has much more going for him and for us and I think you
would have a very hard time finding someone that has his professionalism.
I do think, I know you have been leaning on him and I know he has been moving '
along a little bit on that. I think that could have been and should be im-
proved. I think in the Fire Department you've been overly generous in the
process of adding additional, and that didn't come out today but you know
and I know that every time the Fire Chief has come up with a register we
have had to add one or two positions just to make sure that nobody was skipped
over. Now we haven't done that in the Police Department, there are a lot of
police officers that have been skipped over and, you know, that was a ques-
tion of biting the bullet and we haven't quite bitten the bullet. From the
administrative point of view in your selection of people, I think you have
selected exceptionally fine people and I think you have done it conscient-
iously. I disagree with you on one or two but I don't think it is a major
disagreement and as a matter of fact, in one case in particular I have been
impressed with that person's ability which perhaps I was not looking at prop-
erly. I do think that there is a shortage of women in the upper echelons
of executive positions. With regards to negotiations I think you have been
fair and you have been forceful in the majority of them. There are some
that are still undone. For example, I've been after you now for I guess a
year now to settle the Gates case and two months ago remember I requested
that you hold an executive session if that were possible since this is a
labor negotiated item so that the Commission could be briefed and updated
but whether or not we can hold an executive session or not, Howard, we really
need to come to a conclusion on that and I think that particular item has
dragged much too long. We need to really bring it to a head. In the Bayside
project as well as in Park West I think in Park West and Overtown we have
made much progress and I think the selection of Mr. Bailey and the negot-
iations in Washington with UMTA in which I have participated in two of them
were well handled and I think I have no questions that the way you dealt with
Arthur Teale will unquestionably be responsible for us getting an additional
$8,000,000. So I think in a Washington administration where it is virtually
impossible to get any funds, only Bill Lehman and Claude Pepper are better
than you in dealing.... No, I was good in the last administration, I'm
not very good in this administration. But I think the way you got money
from Mark Teale who is black, no question about it, and who is interested in
Miami and in Overtown, but I think that is a hell of an achievement. I don't
frankly think that anybody else could have quite gotten around even though
Art Teale wanted to do it, just the negotiation process. I think it was a
tremendous achievement. In the relationships with other boards I think we
need to bring the Off -Street Parking Authority into view of the City of Miami
and that goes for the Downtown Development Authority too. In the Off -Street
Parking Authority, I can't say that you're much responsible one way or the
other but I think there needs to be more work done on that and I think in
the next year. Mr. Gary, I would expect for you to seriously address the
relationship and the autonomy, if you will, of the Off -Street Parking Author-
ity. With the Downtown Development Authority, I have had a long-standing
concern not with you but with every City Manager that inevitably and invar-
iably there is always a natural clash between the DDA and the Executive of
the DDA and the City Manager. And I must say, knowing that sometimes you
work a little bit with a stronger hand on these issues that I think you have
been reasonable and as flexible as I think we could normally and naturally
expect and certainly a lot more than other City Managers who were not at all
flexible in their dealings with the DDA and I cite specifically the time
where you got upset with Mr. Kenzie and you decided not to put him on the
review committee but you subsequently did put him on. I think that showed a
great deal of wisdom and restraint and just plain common sense and I think a
lot more of that needs to be done. I'm not saying it's an easy task, and
Roy is here so I can say it front of him, he's not the easiest guy in the
world to work because he's got his own ideas and he goes in his own direc-
tion but I think we need to, the DDA is an important part of the City of
Miami family and we need to bring them more into view again like the Off -
Street Parking Authority. I think the relationship with the City Attorney's
Office has been, from my viewpoint, good and I think you have used the Law
rt .68 APR 61983
Department, the law office well, effectively. I think you went a little bit
off on a tangeant even though I support you in what you did on the Klu Klux
Klan but I think we could be vulnerable there even though I don't mind going
down to defeat with you on that and I support you 100% for what you did but
I think we need to interface with the legal department on that. In the re-
lationship with the outside world, the Chamber of Commerce, I think you have
gained the respect of the Chamber of Commerce and the business community. I
think there is a need for a little bit better relationship with the County
Manager and the County. I frankly think that you're not really to blame on
that, I think that there is a give and take that hasn't always materialized
and.I don't think it`-ls really your fault. On the other hand, they do exist,
they are there and we do need them and we've got to deal with them and you've
got to live with them and you've got to get along with them and you can't do
it with a• 2 X 4 all the time, I think you've got to do it once in a while.
You know, I don't know whether you read that thing about Martin Luther King
in the Sunday Herald, but you can't solve the darkness with more darkness,
you've got to put a little light on it and I think in the case of the relat-
ionships with the County I don't think that they go up and down, I don't
think they're up now, and we've got to work at that, I don't know how you're
going to do it but you've got to find a solution and if it's not with Merrit
it may have to be with Dewey or the Commission, I don't know how but I think
there is a problem that needs to be dealt with there. I think with the Cuban
community, Howard, that you have been more than fair and there has been a
good relationship with the different segments of the Cuban community. I really
think it has been a major achievement that a black City Manager has not been
subject to more criticism. Since I don't read, with the exception of the
Matancero and one or two others, the weekly newspapers, I'm not privy to
what the "Banana Council" or any of these other things are and I wish you
would tell Charlotte Gallogly to stop sending me all of these translations
of the "Banana Council" because inadvertently I end up reading one or two and
that upsets my day and I want to go back to my old ignorance of not reading
any of that junk. But anyway, I really do think that that notwithstanding,
it has been amazing that you've gotten along well with the Cuban community.
In the black community, I would recommend, besides the recommendation that
Miller Dawkins gave you of moving some blacks into higher executive positions,
as you can, that you also perhaps make yourself a little bit more accessible
not by going to functions, but you know, on an every six-month kind of a
basis, perhaps on a radio program or a question and answer, or somehow I
think there is a question of accessibility. Now, obviously you cannot do
that on a daily or a weekly basis but I would hope that perhaps during the
course of next year there might be a way at the street level for people to
feel that there is more access to the City Manager. Now, that's not your
job, your job is not to be the lightening rod or the access point for street
people black or white but I do think that that is something that we could
perhaps improve on a little bit. The black community I think expects that
more of you than the white or the Latin community. Now, lastly, with re-
gards to the Commission. I think there is a major, as you recall, my criti-
cism of you last year was that there was not enough communications or ac-
cess from the Commission and I think that has changed a great deal. I
still think you're not the easiest guy in the world to reach, but on the
other hand, you're involved in a lot of things and you can't really be that
totally accessible all the time. I do think that perhaps there might be
more of an answer, and I've never seen a good answer for it, but there
might be more of an answer in your using some of the staff people in your
immediate office as more liaison. I don't have any problems at all talking
to Jack or to Walter or to Manny to get answers, and a lot of times, with
all due respects, they give me better answers than you do. And I don't
mind that, but I think we need to work out a better system. There are a lot
of times that we need answers and I don't know what the solution is. I used
to tell Joe Grassie on a continuing basis that he needed to appoint members
of the staff to deal directly with the Commission and he never did it and...
Mr. Gary: If they give you better answers than I do I'd better get rid of
them.
Mayor Ferre: Well, that pretty well concludes my comments. I would then,
therefore, like to add my voice in saying that I personally think, I'm not
going to be guided by anything other than the fact that if we have to make
a decision on what we pay you based on the specific circumstances of the
City of Miami and the specific job that you have done, period. Now, we are
influenced by all these other factors but I don't think when you draw the
bottom line that's where it's at. And my conclusion of all of this is that
I think you've done a magnificent job, you have represented this community
well, you're a good administrator, you have shown a tremendous amount of
personal and professional courage and I think that we're very lucky to
rt
.69 APR 6 1933
6
have you City Manager. And I think that if you were to go out in the public
sector, and one of these days I'm sure you will, and do a comparable job, if
you were to run a corporation that had 3 billion dollars worth of assets and
had 150 to $200,000,000 worth of a budget plus the capital budget and if you
ran a corporation that had 3,000 plus employees, there is not a corporate
president in these United States of America that runs a corporation of that
size other than Mitchell Wolfson or somebody who is an insider in a family
that would get the salary that you're getting, not one. Now, the fact that
Cincinnatti or Dallas or somebody else doesn't pay their people $98,000,
that's their problem not mine. As far as I'm concerned, I'm ready to vote
on this. All right, anything else? All right, who wants to make the motion?
Mr. Dawkins: Okay, we make a motion that we fire the City Manager. But all
jokes aside, I would like to move that Mr. Gary get a 10% merit increase.
Mayor Ferre: The 10 includes the 2, is that right?
Mr. Dawkins: Yes, the 10 includes everything.
Mr. Perez: Second.
Mayor Ferre: Further discussion?
Mr. Carollo: The motion is for wnat increase of salary?
Mayor Ferre: 10% of a current salary. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Dawkins, who moved
its adoption:
RESOLUTION NO. 83-289
A RESOLUTION GRANTING A 10% INCREASE IN THE PRESENT SALARY
OF THE CITY MANAGER, HOWARD V. GARY, EFFECTIVE IMMEDIATELY.
(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.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: Commissioner Joe Carollo
ABSENT: NONE.
ON ROLL CALL:
Mr. Carollo: As I stated before, I think that what this City has to do is
to establish some firm guidelines not only for the City Manager but for all
top City administrators. What I proposed today and what I'm going to propose
after this vote is to pick the five cities that have the same approximate
population that we have, the five cities that pay their manager, their top
administrators the most and average, get an average of what those five cities
pay, make that the top scale that we pay our administrators whether they be
a Manager or City Clerk, City Attorney, Police Chief, Fire Chief, whatever
else it may be. I feel that this Commission has an obligation to the tax-
payers of Miami, we also have an obligation to our personnel to pay them well
but I think there are ways of going about it is by the way that I described,
comparing it to the other cities, private enterprise and government are two
different things. I have to vote no for the reasons that I've stated.
Mr. Dawkins: Mr. Mayor, before we forget, I'd like to present this certifi-
cate to the Manager.
Mayor Ferre: Go right ahead.
Mr. Dawkins: It was Certificate: For your very outstanding performance, you
are awarded one Add -A -Boy. One thousand Add -A -Boys qualifies you to be a
leader of men, work overtime with a smile, explain assorted problems to the
Commission and be looked upon as a local hero.
rt
.76 .APR 61983
i
Mr. Plummer: No, read the rest. Chicken.
Mr. Dawkins: Note: One hour of wipes the board clean.......
Mr. Carollo: Nobody better sneeze, they might misunderstand.
Mr. Gary: Mr. Mayor, if I may......
Mayor Ferre: Do you want to respectfully decline?
Mr. .Gary: No, I won't give the Herald that nice opportunity. If I may,
think it is important -that yot read the second paragraph of my evaluation
memo because I think it clearly states that the evaluation and the accom-
plishments of this particular report is not the work of a single individual,
it recognizes the work, the hard work and participation on the part of the
City Commission as well as staff....
Mr. Carollo: Howard, that was made clear to all of us and we appreciate
that.
Mr. Gary: I thought it was important because I don't want anybody to think
that this is what I've done and on a lot of occasions we've had you have
participated directly in assisting the administration in accomplishing
these objectives.
21. AUTHORIZE CITY MANAGER TO CONDUCT SURVEY OF CITIES THE SIZE
OF MIAMI TO DETERMINE SALARIES PAID TO TOP OFFICIALS AND
DEPARTMENT DIRECTORS.
Mr. Carollo: Mr. Mayor, if I may I'd like to bring a motion before the Com-
mission that from this moment forward, before we consider any raises, merit
increases, cost of living increases to our top administrators, and what I'm
going to describe as top administrators be all department heads, assistant
department heads, assistant city managers and the three individuals the Com-
mission appoints - the Clerk, the Attorney, the Manager, that we establish
some guidelines in the following way: That we find out all the cities that
have populations within the United States of 300,000 to 500,000 and pick the
five cities within those that pay their top administrators the most and that
we average out the medium salary of the top five cities and that be the sal-
ary where we would freeze our top administrators when they reach that level.
Mayor Ferre: Joe, I'd like to ask that you do that on a two step motion.
If you do it on a two step basis I certainly can support the first part of
it. Let me explain my reason. I think what you're coming up with is a good
idea and that is that we ought to take comparable jobs in comparable cities
and I think we ought to have an understanding of what other people are making,
we shouldn't depend on the Miami News or the Miami Herald to tell us what the
Mayor of Dallas or the Mayor Denver or some other place.....
Mr. Carollo: Especially Mr. Zaldivar, he might want to start comparing to
Havana.
Mayor Ferre: Now, I think that that portion of it is good. But you see,
there are other mitigating circumstances which I think we have to take into
account and that is, for example, what does the corporate world pay. What
does an American corporation that has a budget of $150,000,000 a year and
3,000 employees and assets of $4,000,000,000 to be managed? What does the
private sector pay for that kind of a job.- Or, for example, and I don't
think we can get Arthur D. Little or Booze Allen or anybody to give us an
evaluation on that, what is the value of quelling a potential riot? Or
what is the value of dealing with a community that is up in arms? And I'm
talking about the Cuban community, for example, last year in the potential
riots that we had. It isn't just the Black community.
Mr. Carollo: When do I get my cost of living raise?
Mayor Ferre: Well, I'll tell you I'll vote for your cost of living raise
any time, I have in the past, unfortunately the people of Miami haven't
voted for our cost of living.
rt
."71
APR 61983
Mr. Carollo: Maurice, I think what you're describing I think are areas
that deserve to be noticed but there are areas that come with the turf of
the job. They are more than clear when a person takes on whatever job
that there are going to have to be certain things that go along with that
job. It isn't a 9 to 5 job. All our top department directors and depart-
ment heads, they don't have a 40 hour a week job.
Mayor Ferre: Hey look, all I'm saying is that I want to vote for your motion
but if you will make it easier for me to vote for the motion if you divide
it into two portions. If your first motion is that the administration be
instructed through�a,.management firm of some sort, I don't mind whether we
go to Booze Allen since we're already using them or Arthur D. Little or
anybody, I don't care who it is. It can't be Mr. Krause, is what I'm trying
to say. Okay? Because I'm afraid Mr. Krause would not be looked upon as an
objective viewpoint. All I'm trying to say is I agree that we ought to look
at the five comparable cities and look at what salaries are. The industry
does that all the time. I also think that we ought to look at comparable
jobs in the private sector that are comparable. I don't know what that is.
And I can vote for that. Now, if you want to tie it in and say that we're
going to freeze people's salaries to that formula, I don't know what the rest
of this Commission feels on that but I.....
Mr. Carollo: Well, what I'm saying is just like many jobs in this City govern-
ment have a cap and in government period have a cap, what I'm saying is to
find the amount of dollars that would be fair to put a cap on the particular
job description. Otherwise, what we're going to have is maybe as many as
a hundred administrators making an outrageous amount of money in the next ten
years. When you raise somebody's salary on a yearly basis 10%, 12% that's
making 10 or $15,000 it's not a big raise but when you put 80, 90, 100 guys
that are all making $50,000 and above, I'll tell you boy, that multiplies
awfully fast, awfully fast.
Mayor Ferre: Well, go ahead and make your motion and, you know.....
Mr. Carollo: Well, the motion, it's based on the one that I described, if
you would like to then make a second motion to include what you've stated
that is fine. You know, my motion is to, and we could use any appropriate
firm that you so think, Mr. Mayor. I really don't see the need to bring an
outside firm, I think it is something that our administration, I certainly
trust Howard. Well, Okay, we'll go to an outside firm.
Mayor Ferre: I think it has to be professionally done. You know, in the
corporate world they do that, they go out and they say, "What does a vice-
president of purchasing make?" and then they compare what the Sheraton com-
pany pays and Howard Johnson's and Eastern Airlines and they evaluate it
that way.
Mr. Carollo: Let's get an outside firm then.
Mayor Ferre: I mean there are people that specialize and do nothing but
that and all it is is fact gathering. Now, Mr. Manager, if you think we
have somebody in house that could do that I don't have any problem with doing
it in house. Howard?
Mr. Gary: I think we can do it in-house in terms of getting you the informa-
tion, obviously even if a consultant did the report you have to come to your
own conclusions. I hate to spend money for data just to collect data when we
could do it ourselves.
Mr. Carollo: That's what I think, Howard, I agree. But anyway, my motion,
I think has been clear - find out all the cities within the United States
that have populations between 300,000 and 500,000, pick the five cities within
these that pay the City Manager, the City Attorney, the City Clerk, Police
Chief, Fire Chief, Sanitation Director, down the line, that pay the top admin-
istrators the most. Get the average of those five cities and whatever that
average is would be the area where we're going to freeze the individual's
salary until, whenever those five cities increase their salaries then we
will increase accordingly then.
Mayor Ferre: There is a motion on the floor, is there a second? Is there a
second to the motion? Is there a second to the motion? Now, I would, if
you want to do it in two steps I could certainly vote with the first portion
of it, that is that we proceed with gathering all that information for the
Manager, the City Attorney, City Clerk and the main department heads, Mr.
Manager, but that we also get 5 private sector corporations, obviously we're
rt .72 APR 6 1983
0 0
not going to get companies that are totally comparable to Miami, but you
want to get, for example, utilities or companies of that sort that are
quasi -public that are approximately our size with 3,000 employees, four
billion dollars worth of property.....
Mr. Carollo: Mr. Mayor, frankly, if you want to make the motion, that's
fine, you have that privilege, but I think that once you go into private
areas you're not comparing you know apples with oranges, you're comparing
two different animals completely.
Mayor Ferre: You want to limit it just to cities?
Mr. Carol1w That's correct.
Mayor Ferre: Okay.
Mr. Gary: Mr. Mayor, .......
INAUDIBLE CONVERSATION
Mr. Carollo: Okay, well, I'll take the freeze part off, but at least if we
could have that study done and then we'll bring it back officially to the
City Commission then we'll discuss about whether we want to implement a freeze
policy to those levels across the board.
Mayor Ferre: All right, now, the motion has been made and I will pass the
gavel over to Plummer and second the motion.
Mr. Carollo: Can we find Commissioner Perez somewhere? I think it is impor-
tant that all five members of the Commission vote on this.
Mayor Ferre: Nestor is going to get him right now.
Mr. Plummer: To understand the motion, what you're going to do is to get the
salaries of the five cities that are comparable in size of 300,000..... .
Mr. Carollo: No, get the salaries of all the cities that are within the
300,000 to 500,000 population range then find the five top cities within
those that pay their top administrators the most and out of those five cities
we'll get the average salary that is being paid to their top administrators
and I'm talking down the line.
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 83-290
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO CON-
DUCT A SURVEY OF ALL CITIES IN THE UNITED STATES WITH POPU-
LATIONS OF 3001000 TO 500,000, IN IORDER TO DETERMINE SALARIES
PAID TO CITY MANAGERS, CITY ATTORNEYS, CITY CLERKS, DEPART-
MENT DIRECTORS, ASSISTANT DEPARTMENT DIRECTORS, ETC.; FURTHER
REQUESTING THAT THE TOP FIVE HIGHEST PAYING CITIES BE IDENTI-
FIED AND AVERAGED, AND THAT SUCH AVERAGE BECOME THE CAP THAT
THE CITY OF MIAMI WOULD BE GUIDED BY IN ESTABLISHING SALARY
LEVELS FOR THE AFORESAID POSITIONS.
Upon being seconded by Mayor Ferre, 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, Jr.
.73 APR 61988
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22. DISCUSSION AND TEMPORARY DEFERRAL OF URBAN DEVELOPMENT ACTION
GRANT FOR 55 UNITS OF SALE HOUSING IN OVERTOWN COMMUNITY
DEVELOPMENT AREA AND 6 UNITS IN COCONUT GROVE DEVELOPMENT AREA.
Mayor Ferre: we are now on the 2:30 Agenda which is the two public hearing
items. One is authorizing the City Manager to proceed with the preparation
and'submission of an-�kpplication for Urban Development Action Grant for the
developmer-r'of 55 units of sales housing in the Overtown Community Develop-
ment Area.and 6 units in Coconut Grove Community Development Area. Now, we
all know this is a very controversial hot issue and, are the members of the
Metropolitan DAde County administration here? Why don't you come forward....
Ms. Spillman: No, she's on a different subject.
Mayor Ferre: Well, am I confused?
Ms. Spillman: This is a UDAG, I'm not sure it is a hot issue.
Mr. Dawkins: It is a hot issue.
Mayor Ferre: Let me tell you what the issue is as I understand it. Okay?
The issue is this, Dena: We cannot continue, in my opinion, to put subsi-
dized public housing in the ghetto areas of Miami because all we're doing
is continuing the process of ghettoizing...... No, well whatever you want
to call it, maybe I'm off on the wrong tangent on this.
Mr. Dawkins: Before we explain, Mr. Mayor, can I get an explanation before
we get into this? Were any minority contractors advised of this?
Ms. Spillman: Yes, sir, there was open bidding and two minority developers have been selected.
Mr. Dawkins: Who were they?
Ms. Spillman: Housing and Home of Dade.....
Mr. Dawkins: No, who were the minority contractors that were notified?
Mr. Gary: Well, if I may, Commissioner, a point of privilege.
Mr. Dawkins: Go right ahead, sir.
Mr. Gary: First of all, we're not talking about the construction phase right
now, we're in the development stage.
Mr. Dawkins: Mr. Mayor, Mr. Manager, this is how I get caught every time. I
get caught with the blighted area where you all put the bifra structure, I
get caught when you all wanted to give $5,000,000 to a hotel to buy furniture,
always after you get the money I get caught. Now, I'm telling you as I've
told you before, and I'm going to tell you as long as I sit up here, unless
this administration make minority Black and Latin and Indians and anybody else
aware of what is available then I don't want no part of it. Now, I've talked
with Latin builders, I have talked with black builders and none of them, ac-
cording to them are aware of this and now all of a sudden you come here and
tell me that Home and House has been awarded 40 units. I don't know who they
are and I don't care who they are. Then you come back and tell me that some
other group has been awarded 21 units, but none of the people whom I'm inter-
ested in and who we are interested in have been notified.
Mr. Gary: Commissioner, first of all it is limited to non-profit organiza-
tions. Hear me out. Secondly, the two organizations that have been selected
are black non-profit corporations.
Mr. Dawkins: The churches are non-profit? Okay, let me say this. Mr. Gary,
I am not ready to vote on this, I do not believe that the proper methods have
been followed, I don't care who it was awarded to and as we keep saying over
and over, I have not seen, I don't know who they are or nothing.
Mayor Ferre: Who is Home and Housing and who is Economic Development Corp.
of Dade County?
.74 APR 61983
rt
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Mr. Gary: Home and Housing is, well, let me let Dena respond.
Ms. Spillman: Home and Housing is a private non-profit that was formed by
Dade County. They have built houses in the past.....
Mayor Ferre: Dade County Government?
Ms. Spillman: They got started through Dade County. Ed Cole is the County-
wide Development Corporation of Dade County.
Mr. Dawkins: We don't have City of Miami Development Corporation?
Ms. Spillman: No, we do not, Commissioner.
Mr. Dawkins: Yes, we do have, you've got Miami Capital.
Ms. Spillman: They have never done.......
Mr. Dawkins: Okay, I want to defer this.
Ms. Spillman: Commissioner, the deadline for.....
Mr. Dawkins: See, that's what I keep telling you people. Wait, wait, Mr.
Mayor. This is my problem. You people come to me at the last minute and
then you tell me if I don't vote for this we're going to lose the money and
then everybody gets the money but us.
Mayor Ferre: Wait a minute, Miller, that's fine but when is the cut off
date for the UDAG application?
Mr. Dawkins: But Mr. Mayor, they knew before that you had a date to come
and discuss this with me.
Mayor Ferre: That may be, Miller, but I'll tell you, you don't have me if
there is a cut-off date.....
Mr. Dawkins: Well, that's your one vote and my one vote, we've got three more
votes that have to make up their minds.
Mayor Ferre: I understand. When is the cut-off date for the UDAG?
Ms. Spillman: It is April 30th. The Federal Government has changed the
regulations so that housing projects will no longer be eligible after that
date. That is the Federal Government. This home ownership housing, it is
ownership.
Mayor Ferre: I've changed my position because now I understand that and I'm
sorry that I didn't before. Now, Miller has his vote and I've got mine and
I'm telling you right now that I am not about, I don't think you have much
of chance of getting this kind of a UDAG Grant anyway, but if you do I'm not
about to be responsible for stopping you and whenever we get a full Commission
here we'll get a vote on here. Now, we may stop you later on, you know, even
though I don't think there is much of a chance of worrying about it because
you're not going to get that grant anyway. But it is not going to be my fault.
Mr. Dawkins: Well, I have no problem with it being my fault.
Mayor Ferre: When we have a full Commission we'll take up Item 2.
.'76
APR 61983
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23. DISCUSSION ITEM: REQUEST FOR FUNDING FOR MONEY AND EDUCATION
FOR PEOPLE IN THE OVERTOWN AREA.
Mayor Ferre: We're now on #4, Mamie Pinder. Is Ms. Pinder here ? All right.
Ms.-Mamie-Pinder: Mamie Pinder. Mayor Maurice Ferre and members of the Com-
mission Board, thank you, Mr. Manager Gary, for allowing me to appear here.
Mayor Ferre: Ms. Pinder, excuse me for a moment because I'm going to try to
hold all these speakers, can you do all this in five minutes?
Ms. Pinder: It may be a little bit complicated, you may have some questions
that would.....
Mayor Ferre: Well, let's hold your presentation to five minutes because I'm
going to do that with everybody else and I'm going to start with you. Okay,
go ahead.
Ms. Pinder: I'm here to request that, first of all I'd like to know did you
get the copy of this booklet called "MEN" which is my program that I have
designed "MEN" which stands for Movement for Economic Neoclassicism and it
is a job training program to train men at the bottom level of the lower socio-
economic to become employable so that they can, also so that they can apply
for the jobs that are listed in the want -ad page of our newspapers. The
basic emphasis of this program deals with Overtown men first which includes
men from the downtown Miami area as well as men from the Little Havana area.
I have been about the process of designing a curriculum which was designed
basically to meet the needs of the black male in particular at the lower
level, a program which does, in my opinion, more than other programs because
it deals mainly with self -development, self-image, self -love and self-respect.
I feel that the time has come whereby the government cannot employ all 'of
the people who are in need of jobs and Black citizens have a right to become
a full part of the total spectrum of our society. Therefore, I am asking
that the City Commission please grant to me the amount of $25,820 for the
purpose of one time setting up this program which will give me a chance to
have "MEN" become tax deductible and thereafter we will suffice ourselves.
And since I had only 5 minutes, I would like to give a minute and a half of
my time to Mr. Robert Spak who is with the Coconut Grove Jaycees and who is
also assisting me and has worked with me in Overtown.
Mr. Robert Spak: Gentleman, I have been working, we have been trying to
work up a......
Mr. Plummer: For the record, your name and flailing address, please.
Mr. Robert I. Spak: I'm sorry, my name is Robert I. Spak. My mailing ad-
dress is 848 Brickell Avenue, Miami. I have been with Coconut Grove Jaycees
for three years now and we have been doing some things for the community in
helping to produce leaders out of young men. The program that Mamie is speak-
ing of, I find, I have gone over with her many times already and it is a
very good program because I have been working directly with many of the people
in the Overtown area recently. We tried starting a Jaycee chapter in Overtown
and what the people of Overtown came back saying was that, "Is this going to
give us jobs, is this going to give us money?" And I had to respond to them,
"No, it is a means to an end but it is not going to directly do that" and
I'm talking about Jaycees now. The program of "MEN" that Mamie has distri-
buted to all of you is a means to help the young man, young woman, whatever,
to become employable and that is one of the biggest problems in the unemploy-
ment that we have today is that people are not employable because they cannot
read or write and this is an opportunity to give them the opportunity to give
them the ability to read and write and, therefore, make them employable and
take them off of the government salary which would be welfare or some other
type of unemployment compensation which would then put more money back into
the City of Miami itself and that is basically all I had to say on this. I
hope that you will be able to alot this money or at least a portion thereof
to get this program underway. Thank you.
Ms. Pinder: If there are any questions I'd be happy to answer, it is very
complicated to give you the jest of the program when I've been give five
minutes.
_76 APR b Wd
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Mr. Plummer: Are there any questions by members of the Commission? What
is the will of the Commission?
Mr. Carollo: What are some of the other areas, Mamie, athat you're planning
on acquiring funds from?
Ms. Pinder: What are some of the areas? Well, I have been in contact with
many major business people and I think what the problem is with the private
sector is that there is somewhat of a reluctance, you know, most of them
say, Well, let's see what the City and County is going to do first because
in talking with them I indicated that I was first making an appeal to the
City and County to -see if together you could coordinate and do the starting
thing ana-then no one has said no to me.
Mr. Carollo: Where are the $25,000 that you want, where are they going to ,
go into? How much of that will be salaries? How much will be going into
job programs?
Ms. Pinder: Included in here in the booklet is the estimated budget and the
staff for the Overtown MEN which is a staff coordinator, assistant director,
receptionist, maintenance person, those salaries are extremely low and the
reason they are low is because most of these people whom I will be training
that could be a continuing staff for men are people who presently receive
checks either for welfare or disability or what have you and so that they do
not lose their checks this money that is salary even though very low will
be supplementary moneys while I train them and give them the necessary skills
so that they can become full time employable and we're talking about men who
are as young as 25 years old that can be employed in the world of work and
some of the problems that we have is like we have many new hotels and restaur-
ants coming up, jobs at the bottom entry level such as dish washers, waiters
and waitresses, many of these people cannot get the jobs when they go because
they are being told that they must apply.....
Mayor Ferre: Ms. Pinder, I think this is something, have you had an orportun-
ity to talk with the Manager or the administration on this issue? I think
before, obviously, I don't think we can vote on this thing today, this is
something that we need some input from the administration. I don't know who
you would want to talk to......
Ms. Pinder: Well, I did direct a letter to the Manager and.....
Mayor Ferre: No, I'm not talking about letters. You are presenting a program
and that is going to cost the taxpayers of'Miami $25,000. Before I am ready
to vote on this thing I want the administration's opinion on it.
Ms. Pinder: Well, I gave him a copy so I'm sure he may be in a position to
give his opinion.
Mayor Ferre: Are you in a position to give us an opinion, Mr. Manager?
Mr. Gary: Yes, Mr. Mayor, it is the administration's position that this program
should be appropriately brought before the South Florida CETA Consortium for
funding because it is the type of program that we fund and would inform Ms.
Pinder when the funding cycle will begin so she can submit this as an applica-
tion for funding.
Ms. Pinder: Okay.
Mayor Ferre: Thank you very much.
r
40
24. CONTINUED DISCUSSION AND PASSAGE OF RESOLUTION AUTHORIZING
MANAGER TO PROCEED WITH APPLICATION FOR URBAN DEVELOPMENT
ACTION GRANT FOR 55 UNITS OF SALE HOUSING IN OVERTOWN COM-
MNITY DEVELOPMENT AREA AND 6 UNI13 IN COCONUT GROVE DEVELOPMENT
Mayor Ferre: We have a five member Commission now. Item 2, application for
Urban Development Action Grant.
Mr. Dawkins: May I ask a question of Mr. Gary?
Mayor Ferre: Go ahead.
Mr. Dawkins: Mr. Gary, why is it, if the administration is applying for the
UDAG Grant and it has not been awarded that you went ahead and awarded the
contracts for the units before getting the grant?
Ms. Spillman: Commissioner, if I could shed some light on this, this is a
Dade County Program. It is Dade County land, they are not allowed to apply
for UDAGs in the City of Miami. They have proceeded to do this and they are
going to build these houses with or without the cooperation of the City. Our
effort was to try to get UDAG money and second mortgage money so that moder-
ate and low income people could afford to buy these houses. That is why you
see a bid process that has already gone on because it is basically a County
project. They will proceed without us, with or without the second mortgages.
We felt it was in the best interest of the community to lower their monthly
payments to allow people to own homes which has been their wishes over the
years.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 83-291
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
PROCEED WITH PREPARATION AND SUBMISSION OF AN APPLICATION
FOR AN URBAN DEVELOPMENT ACTION GRANT TO THE U.S. DEPART-
MENT OF HOUSING AND URBAN DEVELOPMENT FOR DEVELOPMENT OF
FIFTY-FIVE UNITS OF SALES HOUSING IN THE OVERTOWN COMMUNITY
DEVELOPMENT AREA AND SIX UNITS OF SALES HOUSING IN THE
COCONUT GROVE COMMUNITY DEVELOPMENT AREA.
(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.
ON ROLL CALL
Mr. Dawkins: I vote yes and I still say that this administration needs to let
me, if nobody else, aware of when you apply.for grants and what is coming down
the pike so that I can let people in the community know before you bring it up
here and tell me that you've already awarded it.
Mayor Ferre: Mr. Manager, would you add that? Let me put it to you this way.
On the plus side may I also commend you for your ability to communicate. On
the negative side I would like to recommend that you also get a way of telling
Commissioner Dawkins and other members of the Commission about things that af-
fect especially the Black community before the final day of the application.
rt • I8 APR 61983
25.- ORDLDI:'G '?LSOLUTIO"' Gr.Ai'E AV-.;'L:: �ID'.! AL,7 I T11,OVZ:.Z:'T
C3.-
Mayor Ferre: Let's do 3. Go ahead.
Mr. Wm."Billy" Rolle: Wiliam "Billy" Rolle, 3430 William Avenue in Coconut-
Grove.I just want to say on the sidewalks again, the property owners that
signed hat etition we a e n t a ainst side 1 r
Mr. Kole:Ie want the toal �mpxFdvements wit'i�iopsS �iether five items, you
know what I'm talking about, on the grand plan. We basically want to get
everything done so -we won't wait ten years to get the Tiki property, the
rehabilitation,.the Other items there. The main thing being, since we had
to pay for --that item, $20,000 or $50,000. The taxpayers paying $68,000, we
are for the overall improvement. We would like for some kind of implementation,
for the other five items out of that six item grand plan. Can we do something
with that, Jack?
Mr. Luft: This Commission has approved in principle those five items at the
last Commission. Staff is proceding with negotiations on the Tiki Club. We
are now talking to the Police Department about the amount of patrol. We have
spoken to CD about the housing rehab. We are, in fact, moving on these other
items. They are all moving ahead together.
Mayor Ferre: O.K.?
Mr. Rolle: It's all right.
Mayor Ferre: Anybody else?
Ms. Esther Armbruster: My name is Esther Armbruster. I live at 3350 Charles
Avenue. I would like to know, Mr. Mayor and other Commissioners, if you are
going to spend $250,000 for a brick sidewalk, what are you going to do about
the City dumping trash on Grand Avenue? The City of Miami allows its street
sweepers to dump trash on Grand Avenue. I cannot see you. This does not make
good common sense for you to spend $250,000 and you dumping trash, you empty
the street, people empty all their trash on Grand Avenue and on Margaret'Street.
I would like to know why would you spend $250,000 to decorate the street and
have your employees empty their waste baskets from the village. They bring
their garbage from the village. They bring White trash in a Black neighborhood
and empty it on our lot. So I would like to know why are you allowing this?
Once upon a time, Jack stopped it. Then your employees began to do it again.
I've called you. I've called the right people down here: Christie, I talked
to Christie. Christie said he was going to correct it. Ms. Denkin didn't
know until today that they had planned to put it in front of her house.
Had they emptied all their garbage in front of Ms. Deakin's house, you'd
really have had trouble down here. But I really cannot see you putting that
kind of money in the sidewalks and putting your garbage on Grand Avenue.
Mayor Ferre: Mr. Manager.
Mr. Gary: This is going to be a good day.
Mayor Ferre: Well, you haven't done too bad so far.
Mr. Gary: Going down hill.
Ms. Armbruster: This is what you are allowing.
Mr. Gary: Mr. Mayor, let me look into the matter and I will get a report
to the Commission as to what the problem is and what I would do to correct it.
Mayor Ferre: Well, I tell you, if that is true....
Ms. Armbruster: It is.
Mayor Ferre: I am shocked. I can't believe that they would be dumping
garbage!
Ms. Armbruster: It is. You picked it up...when I say you I mean the
sanitation workers... they picked it up Good Friday because it was Easter,
right? On Monday morning it was there just as if it had not been picked up
before. This has been going on for years. Jack stopped it one time and
you went right back to putting your garbage... You know the little black
bins on the hangers? You bring all that down and dump it.
Mayor Ferre: The Manager is going to look into all this and call you up
personally. ..79 APR 61983
4 90
Ms. Armbruster: Look into it?
Mayor Ferre: And solve it!
Ms. Armbruster: Oh, like right away?
Mayor Ferre: Like right away! Like right away! Like we may make your salary
dependent on that „ how's that?
Ms. Armbruster: I'm `already working for free for you.
Mayor Ferre: I know that. We're grateful. All right, Jack, do you want
to add anything? We have one more comment?
INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: You want to confirm it? We need your name and address for
the record.
INAUDIBLE C=4ENT NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: You're going to have to do that into the microphone. All right,
thank you , sir. Anything else? Ready to vote?
Mr. Plummer: One segment that they have said, Thelma, this is for the Gib,
good bye Tiki. I move it.
Mr. Carollo: I'm going to second. If I could get Billy Rolle up here again.
Mayor Ferre: There is a motion and a second.
Mr. Carollo: Are you satisfied with the resolution, then, the way it stands,
Billy?
Mr. Rolle: Yes, with the implementation of those other items.
Mr. Carollo: Is that clear, then, to the maker of the motion?
Mayor Ferre: Yes?
Mr..Plummer: Yes.
Mayor Ferre: Is that clear to everybody?
Mr. Carollo: Fine.
Mayor Ferre: Further discussion on item 3? Call the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 83-292
A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 83-31
AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED
BIDS FOR THE CONSTRUCTION OF GRAND AVENUE SIDEWALK
IMPROVEMENT H-4483 IN GRAND AVENUE SIDEWALK IMPROVEMENT
DISTRICT H-4483.
(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,
ABSENT: None.
• APR 6 1963
4
i
ON ROLL CALL:
Mayor Ferre: I want to tell you that we are improving, Uncle Charlie, it
only took us three months to do this one.
26. AUTHORtZE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED
$10,000 IN CONNECTION WITH SPONSORSHIP OF SECOND ANNUAL CITY OF
MIAMI YOUTH BASEBALL WORLD SERIES AT MIAMI STADIUM SUBJECT TO
CONDITIONS.
Mayor Ferre: Now we are with Armando Bucelo.
Mr. Armando Bucelo: My name is Armando Bucelo, 506 S.W. 68th Avenue. I'm
here on behalf of the City of Miami Youth Baseball Academy. I'm legal
counsel as well as member of the Board of Directors of said entity. We
are planning, at this time, gentlemen, the City of Miami Youth Baseball
World Series. We held our first one last year. As you can see from the
folders that you have in front of you, it was a tremendous success. The
tentative date for this is August 15 through August 22, 1983. We are
expanding our teams from the previous number of five, which we had last
year, to ten this year. All teams will be headquartered at the Everglades
Hotel in the City of Miami. Transportation will again be provided by M.T.A.
Teams will be taken for sight seeing tours in the City of Miami. This time
we are requesting from the City of Miami the amount of $20,000 for the City
as well as a fee waiver of the City of Miami Stadium, which we also obtained
last year from the Commission. You have also before you the estimated
operating budget for this year as well as the expenses incurred last year
in the World Series.
Mr. Carollo: Mr. Mayor.
Mayor Ferre: Mr. Manager, can we have the recommendation of the administration
on this item?
Mr. Cesar Odio: Mr. Mayor, Commissioners, we are recommending ten thousand
dollars because that is what we have budgeted for it. We, at this time,
cannot afford to come up with $20,000 in the Department of Recreation for
this.
Mayor Ferre: Let me ask you this.
Mr. Carollo: No, $20,000 is what they are asking for.
Mr. Odio: We are recommending $10,000.
Mayor Ferre: Now, isn't this the one we did last year and we get all these
teams from Japan....
Mr. Carollo: That is right. It was extremely successful!
Mr. Bucelo: We had over 50,000 people, Mayor. We are having now ten teams....
Mayor Ferre: Wasn't the City of Miami directly involved in the Administration
of that whole thing. When I went there, as I recall, Al Howard...where is
Al Howard ... was about to pitch the ball. I saved the day by going in there
and pitching the ball for Al Howard, because for sure he was going to throw
a couple of balls there.
Mr. Bucelo: I think you are on page 11, Mr. Mayor. You look very good with
a cap on, page 11.
Mayor Ferre: Hiram Gomez was there running around making all kinds of noise
about the whole thing. Bobby Maduro was there. He's not the one?
sl .81
APR 6 1983
a
io
Mr. Bucelo: That's the one. I'd like to add that this was coordinated with
the Department of Recreation of the City of Miami with Hiram Gomez, who was
the general coordinator as well as the instigator of this idea.
Mr. Odio: The City of Miami Department of Recreation instigated the World
Series.
Mayor Ferre: Not only did we instigate it, we kind of controlled it.
Mr. Odio: -Right.
Mr. Bucelo: Yes, sir, you did.
Mayor Ferre: And we are going to do the same thing this year.
Mr. Odio: That's why we are still recommending we stay with the $10,000
Mayor Ferre: How much did it cost us last year?
Mr. Odio: Ten thousand.
Mr. Gary: Mr. Mayor, we think this is a good program and we think we ought
to be supporting it.
Mr. Carollo: It's a great program.
Mr. Gary: Great program...I think it is very unrealistic for us to be paying
all the hotels and meals, contributing to that. These costs can be considerably
reduced in terms of more participation on the part of not only the local people,
but from the people who are coming over. We think we ought to continue the
program. We think our contribution ought to stay at the $10,000 level. We
think h oyploeught to come up with some reduced costs in terms of the consortium of
other k
Mr. Bucelo: If you would look, Mr. Gary, at the expenses for 1982, you could
see that practically everything was donated, including game programs, the
volunteers, umpires, score keepers, the Stadium (of course, that was provided
by you), the excursions, the tickets sale, everything was pro bono. I mean,
we tried to cut as many corners as we possibly could. The reason we are asking
for double the amount is that we are adding teams to this. We are expecting
to see Korea, Spain, Taiwan, Curacao, Aruba. We are also hoping that we...
we are not hoping, we are working not only with the City of Miami Recreation,
but with the Boys' Club. I would like my associate here, Mr. Juan Pascual,
member of the Board of Directors, if he would say a few words.
Mr. Gary: Fine, but you know, the thing is for us to be paying $17,000 for
hotel rooms or $16,000 to feed people. I understand that is the cost. I'm
just saying that cost should be partially borne by the people who will participate.
They also have a contribution to make in terms of coming over here and partici-
pating. That's the only thing I'm saying. I think it is a great program. I
just think that they should pick up more of the cost, particularly since this
is increasing every year.
Mr. Juan Pascual: My name is Juan Pascual. My address is 2540 S.W. 92 Court.
In response to Mr. Gary's concerns. I agree wholeheartedly with Mr. Gary.
All the teams which are participating will be paying their air fare, round
trip, to Miami and return. The City of Miami is not bearing the total expense
as to the World Series in itself. Last year, our total expenses were roughly
around $20,000; $20,642 to be exact. The City of Miami paid $10,000 of those
$20,642 and they also gave us the use of the Miami Baseball Stadium with a
fee waiver. The other $10,642 were raised through ticket receipts at the
gate and prior ticket sales plus advertising that was made through a World
Series Program, which is also in your package. If you can see that if we
actually had to pay for everything that was done and all the services that
were received as well as the publicity that was derived directly from this
program, it would pass not only $20,000, but it would be up in the $60,000
to $70,000 to $80,000 range. We got Dade County to cooperate with us through
the Office of the Mayor, by donating M.T.A. buses. The bus service was supplied
to us by transporting on all local ground transportation for all local sight
seeing excursions, transporting the ball clubs to and from the Stadium and games
sl
.82 .APR 61983
4 a
Mr. Pascual (CON'T): and events was donated by M.T.A. So this is not only
something that the City of Miami put together, but we also had the County
for a change helping the City out by donating M.T.A. buses. This year, in
order to cover the expenses that are necessary to expand this program by
having five additional ball clubs coming in, we need at least $20,000. If
we get the same type of donaltions that we got last year, our budget is still
going to run between $45,000 to $53,000. So between private enterprise, the
private sector, ticket sales we expect to raise an additional $25,000 to
$30,000 aside from the $20,000 that the City would come up with.
Mr. Gary:. —Mr. Mayor, -as I said before, and I'll preface it, this is a good
program. But I question whether or not we should be paying some of the
costs that are associated with this. I could save them $10,000 right now.
If you look at their budget, they have $4,000 for a banquet. We have $1,000
for entertainment. We got $5,000, which is miscellaneous. Any Director
who comes to me with a miscellaneous budget, I immediately eliminate it.
That is $10,000 alone right there that they could save. What we are saying
is cut that $10,000 off. Those are frivolous kind of things; and we contribute
$10,000 to them.
Mayor Ferre: Questions from the Commission?
Mr. Carollo: Is there any other area where you could raise some more dollars
for this? Is there any other way that you can think of to raise a few more
dollars?
Mr. Pascual: Mr. Carollo, we will try. We are running to dead ends. I mean
we have just about exhausted all our means.
Mr. Carollo: What deadline do you have?
Mr. Pascual: Well, we have to notify the teams as soon as possible so that
they can start preparing and raising their own funds to be able to come down
here.
Mr. Carollo: Let me say this. We meet again the 28th of April. I'm willing
to approve $10,000 now. If you come back on the 28th of April and see how
much more you have been able to raise. Then let's sit down and see about
the other $10,000. See how much you will have been able to raise and see
what else we could do. One way or another we'll work something out for the
additional $10,000. I want for the public to know and I don't want anyone
out there to say that we didn't give you the opportunity to raise some more
dollars; that there was no effort on your part to try to raise some additional
funds.
Mayor Ferre: There is a motion on the floor. Is there a second?
Mr. Plummer: Second.
Mr. Carollo: Do you follow what I'm saying, Armando?
Mr. Bucelo: Yes, I do.
Mr. Carollo: We are going to approve $10,000 now.
Mr. Bucelo: And we'll be back on the 28th....
Mr. Carollo: Let's take it from there.
Mr. Bucelo: That's fair.
Mayor Ferre: Call the roll.
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APR 6 1983
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The following motion was introduced by Commissioner Carollo, who moved
its adoption.
MOTION 83-293
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER
TO ALLOCATE AN AMOUNT NOT TO EXCEED $10,000 PURSUANT
TO REQUEST MADE BY A. BUCELO AND J. PASCUAL IN CON-
NECTION'WITH CITY OF MIAMI SPONSORSHIP OF THE "SECOND
_ANNUAL CITY OF MIAMI YOUTH BASEBALL WORLD SERIES",
WHICH SHALL BE HELD AT THE MIAMI STADIUM; FURTHER
DIRECTING MESSRS. BUCELO AND PASCUAL TO SEEK ADDITIONAL
FUNDS FROM OTHER SOURCES AND TO RETURN AT THE MEETING
OF APRIL 28TH TO REPORT ON THEIR FUND-RAISING EFFORTS.
Upon being seconded by Commissioner Plummer, the motion 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 Ferre
NOES: None.
ABSENT: None.
Mr. Carollo: The only other thing that I would like to request from the
City Manager is that Mr. Hiram Gomez again be appointed, designated as the
individual from the City of Miami that will be coordinating everything with
them. Will there be any problem with that?
Mr. Gary: No, I have another person that is going to do that from the
Recreation Department.
Mr. Carollo: Who will that be?
Mr. Odio: Bobby Maduro, who is in charge of baseball for the City, at this
point.
Mr. Carollo: I know that Bobby is going to be doing it. But what I'm saying
is at the same time for Hiram to be coordinating with them, with the Parks
Department.
Mayor Ferre: This whole thing was the creation, if you will, of Hiram Gomez.
Mr. Bucelo: Yes, it was.
Mayor Ferre: He put it together. It was his idea. He wrote the letters.
He did the whole thing. He got the whole program going. He made sure that it
worked. He got the publicity. Now we are going to remove him from it?
Mr. Bucelo: If we may have a say so in this, I agree with you. We would
like very much on behalf of the City of Miami Youth Baseball Academy to
continue working with Mr. Gomez.
Mr. Gary: I'll evaluate the assignment and see who would be the appropriate
person to assign to that responsibility.
Mr. Carollo: Well, Howard....
Mayor Ferre: I may reverse my vote then on this whole thing because we're....
Mr. Carollo: What I think the majority of this Commission is trying to express
is that we very much would like to see Mr. Hiram Gomez involved in this as he
was in the past. Now, unless there is a reason, something that he has done
wrong in this program, I'd like to know. Because this was the individual
that went above and beyond the call of duty to help this program. I cannot
understand now all of a sudden why he is being phased out.
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APR 6 1983
4
11
Mr. Gary: Mr. Mayor, Members of the Commission, I'll take their recommendation
into consideration.
Mayor Ferre: Further discussion on this?
Mr. Carollo: Not at this point in time.
27.- DIRECT CITY MANAGER TO IDENTIFY SOURCE OF FUNDING IN CONNECTION
WITH $50,000 REQUEST BY 20TH STREET MERCHANTS ASSOCIATION. 0
Mayor Ferre: We are now on item 6, which is the representatives of 20th Street
Merchants Association. This is items 28 and 64.
Mr. Morey Feldman: My name is Morey Feldman. My address is 2193 N.W. 20th
Street, Miami, Florida 33142. I represent the Association, the 20th Street
Merchants and Industrial Association. Mr. Mayor, gentlemen Commissioners,
and Mr. Manager, Howard Gary, City Manager, we formed our association close
to four years ago, and very proudly, if you recall, Mayor Ferre, you visited
our area. You were surprised to find out that out of what it was 150 merchants
in the area. We had reached a number exceeding 800 of those members. Unfortu-
nately, we have based most of our area on sales to Latin America. With the
beginning of 1982 we saw a devaluation of funds in Bolivia, Ecuador, Mexico.
Later on restrictions of importing merchandize into those countries from Miami
and about a month ago we saw the same thing happen with our biggest buyers,
that were the Venezuelan people. Truly, we have seen in the last four of five
months a decline in those merchants in the area. Manufacturers either moved
to Hialeah because they were giving grants for opening the places there, or
they went to Broward County. The fact is that our district is below 50% of
what it was last year, I would say at the end of '81. We have had an office
in the area that has been the one that coordinates all the functions. We are
all businessmen in an area which —most of us are owners of mamma's and papa's
stores. Until we finally had the help of a secretary and the help of a professional
public relations man, we were doing the work ourselves. Now, at the point that
business is, it's truly a crisis we are going through. For our association, it
is necessary to have an office, a secretary, a public relations man that can go
out and try to make the associated members continue advertising the area, opening
the area to the local public. We have almost 50,000 employees, I would say
hospital, city employees, not more than 20,blocks away. Up to now we have been
growing out of the people that came from Central and South America. Now we are
ready to open the section to local people. We have lowered our prices to probably
30% lower to be able to attract those people, the local people, into the community.
But without an office and without the support and help of the City, I'm afraid that
we are going to end up being a disaster area.
Mr. Carollo: How much are you looking for in the City of Miami?
Mr. Feldman: We have asked for a grant of $50,000.
Mr. Carollo: From the City of Miami.
Mr. Feldman% From the City of Miami, yes. That does not mean that our total
expenses are going to be $50,000.
Mayor Ferre: Mr. Manager, this is something that we have discussed before.
It was a question of economic development groups out there in Allapattah.
I don't know whether there is any solution to it at all. Would you address
this issue?
sl .85 APR 61983
Mr. Gary: Yes, Mr. Mayor, first of all when this organization first came to
us, it was first to deal with the off-street parking situation improvements
with regard to streets, which is a companion item, which we are now pushing
ahead one year to accomplish. Secondly, we have allocated to the Allapattah
area, just as with other areas, approximately $37,500 for economic development.
We have before you an allocation that we would like for you to approve, with
regard to the C.B.O.s and we would suggest that they be considered as one of
the organizations'tQ bid on, on that $37,500. If the City Commission chooses
to fund them, ihen they will represent the Allapattah area.
Mayor Ferre: All right, sir. Is that something that is going to be forthcoming.
fairly soon?
Mr. Gary: The selection will be in June, Mr. Mayor.
Mr. Feldman: Mr. Mayor, with all my respect, in June you may send flowers.
not medicine. We are in very critical situation. This is day by day closing
of two and three stores. If we don't do something about it. I don't know,
two months is a very long time.
Mr. Carollo: What can be done to expedite that, Don?
Mayor Ferre: That is what their problem is. Their problem is that this
thing grew and grew. When I was there two years ago, they were very proud
they were going to be 800 stores. But you know, the 800 stores were dependent
almost 100% on Venezuelans, Colombians, Peruvians, Ecuadorian, Argentines
coming in and buying. Now all of a sudden all those people are gone. There
is not a thing that we can do to reconstruct the economy in those countries
to solve the problem. Now, I want to help the community. I think we ought
to do it on an economic basis for the Allapattah community based on an
economic ... but I just ... I think that $50,000 is not going to solve the
economic plight of 800 stores.
Mr. Feldman: You wanted to say something, Commissioner Dawkins?
Mr. Dawkins: Yes, I'm going to say something. That is that Allapattah is
as vital to the City of Miami as anything else. Everybody else has been
down here. Everytime I look up you tell Mr. Gary, "Go find the money."
I'm going to move that we give to the Allapattah Association $30,000 for
one year. At the end of that year come back and give them something else;
and Mr. Gary, find the money.
Mr. Feldman: Thank you very much, Commissioner Dawkins, it's your Allapattah.
Mr. Carollo: What I would like to ask the Manager is to try to find the
funding for the full amount that they requested. That area has been one area
that we have long overlooked. They have never received anywhere near their
share that other areas in the City have.
Mr. Feldman: We never asked for anything. This is our first time.
Mr. Carollo: I happen to have my business in that area, even though we
don't have the problems that they do, because this does not affect us.
The situation in the area does not affect us whatsoever in the way that
it affects them. We are food packagers and food distributors. So, whatever
is happening with that area doesn't affect us one way or another as to our
business. But being able to work there, I can understand what is happening
with a lot of these merchants. I've seen how merchants are dependent on
people coming to them are having to close their shops down.
Mayor Ferre: We have a motion.
Mr. Carollo: My substitute motion is that the Manager come back with a
plan for us in raising the $50,000, meet with them to see where that money
is going to be spent. I want every cent of it to be shown in black and white
where it is going. If there are any cut backs that can be made, see if there
can be a compromise between the City and the merchants. But I would want
the Manager to meet with them, come back at the very next meeting, which is
the 28th. Let's see what the final figure is so that we can approve it. If
we can't go anything lower than $50,000, so be it, let it be $50,000. But
if there are some areas that we can cut back on and maybe give some of our
staff in helping them so that they don't have to spend that additional money,
great. 8P :APR 61983
sl
4
Mayor Ferre: There is a motion on item 6.
Mr. Carollo: There is a substitute motion.
Mayor Ferre: Substitute motion. Second by....
Mr. Dawkins: Second by Miller Dawkins.
Mayor Ferre: ....Miller Dawkins. Further discussion? Call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption. ,
MOTION 83-294
A MOTION DIRECTING THE CITY MANAGER TO IDENTIFY A
SOURCE OF FUNDING IN CONNECTION WITH A $50,000
REQUEST MADE BY THE "20TH STREET MERCHANTS' ASSOCIATION";
FURTHER URGING THE CITY MANAGER AND THE ASSOCIATION TO
NEGOTIATE AND TRY TO REACH A COMPROMISE, AND TO REPORT
BACK TO THE CITY COMMISSION.
Upon being seconded by Commissioner Dawkins, the motion 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 Ferre
NOES: None.
ABSENT: None.
28. DISCUSSION ITEM CONCERNING P OPOSED BUILDING BY SENIOR CITIZENS
OF DADE COUNTY.
Mayor Ferre: Senior Center, "I".
Mr. Jose Navarro: Mr. Mayor, Commissioners, Jose Navarro, from Senior Center
of Dade County, 1407 N.W. 7 Street. I believe I was requested to appear in
today's Commission in reference to the proposal we have made to the City of
Miami approximately six or seven months ago so that we will be authorized
to build a Senior Citizens Center at morningside park. We have secured the
federal funds necessary to contruct this facility. There have been several
meetings with the Planning Department and the Assistant City Manager in
reference to resolving this situation.
Mr. Carollo: Where does it stand now? Is there anvthin¢ that we need to
approve here today?
Mayor Ferre: Mr. Manager, as I recall, the problem was, Mr. Manager, that
the people of Morningside had gotten together and it became a very hot issue.
The whole neighborhood was up in arms about it. We talked about this a meeting
or two ago. As I recall, the way we left it was that the Administration was
to get Mr. Navarro and the Morningside people together to see if there was any
way to work that one out. And absent solution to come un with nn al.terr?te
recommended site.
sl .87 APR 6 1983
Mr. Carollo: Is there any way that we could switch sites into Jose Marti Park?
Mr. Navarro: Well, basically the problem is that the participants at this
particular site live in the northeast section of the City. To move down here
would require a lot of expenditures in transportation.
Mr. Gary: Well, that's not ... you know, we are not getting the same story.
When I got the last story was that I questioned whether the residents lived
outside the area. -I was told they were from all over Miami. Secondly, the
motion that the City Commission approved was that we were to initially,
utilize Morningside Park or any other park, if the neighborhood residents
agreed. -In Morningside, people didn't want it; plus there were some other
associated problems. We have what we think is a recommended solution. I
would like for you to hear that; but, Commissioner Carollo, that's not the
information we have in terms of the population. Secondly, I'm not so sure
we can put it there, even if we could because of what we are putting on that
park. This is probably one of the most concentrated parks we have. Can you
listen to our recommendation first?
Mr. Carollo: Howard, let me ask you this for the sake of saving time today.
There are a lot of things that we have not finished with. Are you going to
be requiring from the City Commission to make a vote:on anything relating to
this now?
Mr. Gary: No, sir.
Mr. Carollo: Can it be possible for Mr. Reid to send that information to us.
What he is going to read to us there, we could very well read in our own office.
I would like to personally meet with Mr. Navarro. If I have any additional
questions from the Administration, I'll meet with you all.
Mr. Dawkins: The only thing with that, Commissioner Carollo, is we have a
deadline. These funds have to be spent by what, Jose?
Mr. Navarro: By the end of 1983.
Mr. Carollo: 1983.
Mr. Navarro: Yes.
Mr. Carollo: Well, let's put it in the agenda at the very next possible
meeting, which is the 28th.
Mayor Ferre: You have to do it in a public hearing. You have to let those
people....
Mr. Gary: At the end of 1983 is December., The way we understand it, a contract
has to be committed before the end of 1983.
Mr. Carollo: Well, if we could have it on the agenda for the 28th, I'm all
in favor of doing it. But if we can't accomplish anything now to use up
another half hour, I don't see any sense in doing it. Jose, come to my
office and I'll meet with you anytime.
Mayor Ferre: In addition to which we must have a public hearing. If we go to
Morningside, we have to let the people of....
Mr. Dawkins: We are not going to Morningside.
Mr. Gary: No, it's not Morningside.
Mr. Perez: What are the alternatives that you offer, Mr. Reid?
Mr. Jim Reid: Commissioner Perez, in response to your question, we have
two possible sites in which there is no controversy and in which we could
accomplish relocate this facility. One is 150 N.E. 69 Street, at the
Lemon City Plaza, on a site owned by Dade County HUD.
"cc APR 6 1983
sl
4 0
Mr. Perez: N.E. 69th?
Mr. Reid: 150 N.E. 69 Street; the second site is next to the former former
auto testing center on land owned by the Off -Street Parking Authority, 117
to 149 N.E. 78th. This is a facility that is currently located at Edison
Courts, 325 N.W. 62nd. So the answer is that we believe we have two viable
sites within the immediate neighborhood of this facility. We believe we
can solve this problem.
Mayor Ferre: Mr. Navarro, have you locked at the two sites?
Mr. Navarro: Yes, sir, we met and we went over and looked at the Lemon City
Plaza. It is very small. There are some variances that would be necessary
in order to expand the facility. We have met with the Assistant City Manager.
They have been very cooperative in this process. We have also met with the
Planning Department. The response has been excellent, very professional.
The last meeting we had was on Monday. In addition to meeting with representatives
from Housing and Urban Development, the final result was that the Planning
Department would be looking into the possibilities of allowing us to expand
that facility. Still, it is not the ideal situation. It is not what we had
in mind, but we are determined to get this problem solved. We are very desirous
to continue working with the Administration in solving this problem.
Mayor Ferre: So, then, in other words, you think we are heading in the right
direction now?
Mr. Navarro: Partially, yes, sir.
Mayor Ferre: Anything else you want to ask from us now? Do we need to discuss
here? Mr. Reid, anything else you want to add?
Mr. Reid: No, Mr. Mayor.
Mr. Perez: Navarro, let me ask you something, do you think you will be
able to accept one of the two different locations that they offered you?
Mr. Navarro: Well, it really would be very difficult for me to say that we
accept it. I have to take this to my Board of Directors, plus our over 5,000
members so that they can understand what has been taking place. I'm personally
desirous again of resolving the problem and I will do everything I can in order
to explain it to them.
Mr. Perez: But I think you have a deadline about the $100,000 grant. It's
on December?
Mr. Navarro: Basically,....
Mr. Perez: On July?
Mr. Navarro: Basically, we had the $205,000 allocated from the Federal
Government to construct this facility. We had also indicated to the City
of Miami that we were ir. need of approximately $100,000 to complete the
necessary budget for this facility. The $205,000 have to spent by December
31, 1983. These are carry-over monies that were allocated to us from the
State of Iowa. Otherwise, it would be returned.
Mayor Ferre: All right, Mr. Manager, then Mr. Reid is going to be before
us when?
Mr. Gary: August 28th.
Mr. Plummer: Oh, don't do that to us.
Mr. Gary: I mean April 28th.
F61
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APR 6 1983
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Mr. Plummer: Mr. Mayor, I have to add one thing in here. I know your office
has been plagued, as mine has. Mr. Mayor, I'm all for senior citizens. That
is motherhood and apple pie. But regardless of where you go on City -owned
property....
Mayor Ferre: We aren't going to Morningside Park.
Mr. Plummer: ._...it,has to be at a public hearing. It has to be.
Mayor Ferre: Fine, I'm sure Lemon City won't be a problem, J.L. But, I agree.
Mr. Plummer: Fine. .
Mayor Ferre: All right, we need to move along now.
29. BRIEF DISCUSSION ITi S: MINORITY PROCU?E TENT PROGRAM.
Mayor Ferre: We're on item 7. Is Mr. Winston Hale here? The City Minority
Vendor Procurement Program, yes, sir, Mr. Hale.
Mr. Winston Hale: Good afternoon, Mr. Mayor, Commissioners, City Manager,
I just want to say one thing concerning our brand new minority procurement.
A couple of weeks ago Commissioner Dawkins had an article in the Miami Times
that spoke very distinctly and very specifically of Black minority participation
in the City of Miami. From that time on until now I am seeing that there are
some very positive moves being made in this direction to include Blacks in
their business, economic equities. I just want to say I would like to support
that very strongly because it is a very valid part of our business, cultural and
economic community. So that's all I'm about... I just want to keep it on
a very positive note. I commend the efforts being made by the City to do
this. Thank you very much.
30. BRIEF DISCUSSI0N ITEM: OVERTOWN CULTURAL PROGWI .
Mayor Ferre: We are now with Ann -Marie Adker, item 8.
Ms. Ann -Marie Adker: I'm Ann -Marie Adker, 238 N.W. 8 Street, Edison-Overtown.
You know, I came down here all set to raise noly hell. -For the first time
I came with a problem and a solution. Then i rina myselt between a rock and
a hard place.
Mr. Plummer: That's between Gary and Dawkins.
Ms. Adker: No, what happened is I find that the Park and Recreation Department
is being reorganized. Some people have the idea that if I hold my problems,
maybe it would be better for me to go with their revamping. Hopefully so,
hopefully they consider the parks in Overtown, and especially cultural arts
program while they are revamping, so I won't have to come back again. But,
if not, I'll be back.
Mayor Ferre: I believe it, too.
sl . .90
APR 6 1983
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NOTE FOR THE RECORD: Agenda item 9 and 10 were withdrawn.
-----------------------------------------------------------------------------
31. DISCUSSIOW ITEMS: PARKIIIG OF VEHICLES ON WATS014 ISLAND, STAY
ACTION C&iCER17I0G REiOVAL OF RECREATIOTIAL VEHICLE PRESENTLY
--LOCATED THEME.
Mayor Ferre: We are on 11-a, which is Martin Trit. Is Mr. Trit here?
All right, Mr. Trit. I might remind the Members of the Commission that
Mr. Trit was here last time with Barry Kutun, who is his attorney. Barry
Kutun was called for higher duty this week and he is up in Tallahassee
doing us in.
Mr. Martin Trit: The weather has been bad and I cannot really afford him.
So, I'm trying to do it myself. My name is Martin Trit, 5261 LaGorce Drive.
Do you want to say something?
Mayor Ferre: I just want to tell you that I'm sorry. You have been here
since early this morning, like others. I'm sorry it's taking us so long
to get to you.
Mr. Trit: That's O.K., I understand. I'm tired. I'm sure you are twice as
tired as I am. I run Betty and Bert's Bayfront 66 Marina on Watson Island.
I have in the capacity of a security guard and also someone who runs my
place on Fridays, Saturdays, and Sunday nights, a Mr. Don Hansen. I've
run this place for four years. He's been there for seven years, residing
in a Winebago in front of my store. As you might know, Watson Island is
a pretty desolate place at night.
Mayor Ferre: Residing in a Winnebago?
Mr. Trit: Yes, sir.
Mayor Ferre: In front of where?
Mr. Trit: Right in front of my front door, the front door of the building.
His purpose is to, first of all we deal with the Coast Guard, with the
Florida Marine Patrol, and also with customs. He services their boats at
odd hours when they need fuel and when they need other services of the
marina. The main thing is that my first year when I had the business, I
was broken into eight times at times when he found it necessary to take
his Winebago away. People don't really know while it's there whether he's
in there or not.
Mayor Ferre: What do you want us to do, Mr. Trit.
Mr. Trit: I would like you to amend the ordinance which does give permission
to have that kind of vehicle at the marine stadium. I would also like it
to include....
Mayor Ferre: Marine Stadium? Oh, you mean Watson Island?
Mr. Trit: At the Marine Stadium you can have those kinds of vehicles parked
there. I would like you to amend the ordinance so that I could have him
there. First of all I would like to point out that Mr. Post has ¢ivPn
him the position of dockmaster on Watson Island, which would be to the City's
advantage. Because having management....
Mayor Ferre: Mr. Trit, this is all Greek to me. This is the first time I
have ever heard about this. Have you talked it over with Cesar Odio and the
people in the Administration?
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APR 6 1983
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Mr. Trit: Yes, sir, I talked it over with the City Manager.
Mayor Ferre: I see, you are the one who told him to come see us? We're
trying to get them to come see you... Well, do you recommend that we amend
it?
Mr. Gary: No.
Mayor Ferre: You don't recommend that we amend it. I'm listening.
Mr. Gary:. First of all, I would like to apologize to the Mayor and Commission.,
because it is not going to be this Administration's policy to refer these
matters to you. I'll leave that as it is. Secondly, I'd like for Mr. Pierce,
of my staff, to explain to you what the Administration's position is. Thirdly,
I'd like to bring to your attention that Mr. Trit...first of all, it is a
self-imposed hardship. Secondly, Mr. Trit runs Bert's 66 and this is the
settlement that we made with him with regard to back payments. I'll leave
that as it is.
Mr. Walter Pierce: First of all, Mr. Mayor, the Finance Department advises me
that Mr. Trit is now current as the month -to -month policy goes, as far as his
payments are concerned. The problem is he says Marine Stadium allows campers
or mobile homes. That is true, but only during events. You cannot do it on
a daily or year-round basis. The City Ordinance, 38-69 flatly prohibits the
use of any property other than the marine stadium for living, sleeping, cooking,
bathing, or house -keeping. To complicate the matter in Mr. Trit's case, he has
no lease hold interest in any of the land portion of Watson Island. So, if the
person is there, he is merely there as a convenience to him and it is not even
property that he controls.
Mr. Gary: The bottom line is we don't recommend it.
Mr. Pierce: And we don't recommend either that we start to allow camping on
that property.
Mr. Trit: I believe, Mr. Mayor, in the original lease I was supposed to have
control of a certain square area of building and property. That is what I was
led to believe. I thought that in my continuation with Mr. Kutun, that I
also controled that area.
Mr. Gary: Mr. Mayor, he controls it on temporary basis. We did not extend
the leases of those people over there in view of the development of that area.
Secondly, we lease out property to Reflections, but that does not get them
permission to fly a plane at Reflections either.
Mayor Ferre: Any questions from the Commission?
Mr. Plummer: You know, this gentleman is not going to like it, what my
comments are. He has a business. He is a businessman. He runs a business.
He takes calculated risks. Mr. Mayor, in your packet are letters from the
customs, from I.N.S., and others indicating that he, on many occasions, is
the only source of necessary fuel for them to continue their operations.
Indicating that only with this gentleman being there are they able to do
such. That concerns me. That concerns me: that there is nowhere else
that this fuel is available and servicing.
Mayor Ferre: Make your motion.
Mr. Gary: If I may...
Mayor Ferre: Go ahead, Howard.
Mr. Gary: This gets back to what we talked about in terms of Dade County
Auditorium before and we got back to the school board in terms of those
people who have responsibility in the jurisdictions for which the City
of Miami residents pay taxes for. It is their responsibility to provide
those services. They have better fueling facilities, better operational
facilities than ten times this gentleman right here. If they cannot open
their facility or plan their operation where they can fuel their boats
servicing the citizens of Miami, then I question the Federal Government.
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Mr. Plummer: You go ahead and question the Federal Government. I have a
letter in my packet.
Mr. Trit: We are in closest proximity to these agencies than any other
fueling facility.
Mayor Ferre: Anything else?
Mr. Trit: Also, I think it is important to point out that he has been made
dockmaster_of the marina there. Because it is very important, money -wise,
for the City to have somebody there in order to rent these spaces. Because
when I te•11 somebody to call Miamarina, half the time they don't ever get
to be calling Miamarina.
Mr. Gary: Yes, that is a separate responsibility. We have a contract with...
and that guy that we have a contract with, who is... what's his name?
Mr. Trit: Tom Post.
Mr. Gary: Tom Post is supposed to manage that marina legally. To have a
Winebago there is not legal. What happens if we bring somobody there with
sleeping bags on Watson Island, what are you going to do? We have people
sleeping in Japanese Park. What are you going to do? You just told me
to clean up Japanese Park. I can't clean Japanese Park right across the
street on Watson Island and not clean up this other side.
Mr. Plummer: Mr. Gary, I didn't in any way indicate to you that I would allow
a dirty situation to occur.
Mayor Ferre: We didn't think so.
Mr. Plummer: Mr. Mayor, I have a letter from the Department of Treasury,
addressed to Mr. Gary. The bottom paragraph says that in view of the above,
which is the problem, I would like to respectfully request that if there•is
any way arrangements can be made to keep Mr. Hansen in his present position
without compromising your work situation, the customs patrol would be appreciative.
Mr. Gary: Compromising.
Mr. Plummer: I understand what the word compromise means. It is a substitute
word for politics. You well know, Mr. Gary, what that means. Mr. Mayor, I
would at this time make a motion that we stay the action and that we bring it....
Mayor Ferre: Oh! I caught that Republican wording. What was that? Stay the
what?
Mr. Plummer: That we stay the action and we look into this matter for 30 days
and we review it again in 30 days.
Mr. Dawkins: Second.
Mayor Ferre: Further discussion? Call the roll on that wise motion.
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION 83-295
A MOTION INSTRUCTING THE CITY MANAGER TO STAY THE
ACTION CONCERNING THE PLACEMENT OF RECREATIONAL
VEHICLES ON PROPERTY ADJACENT TO THE MARINA AT WATSON
ISLAND PENDING FURTHER STUDY; FURTHER INSTRUCTING THE
MANAGER TO REPORT TO THE CITY COMMISSION ON THIS MATTER
WITHIN THIRTY (30) DAYS.
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APR 6 1983
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Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice Ferre
NOES: None.
ABSENT:" --Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Mr. Trit: Thank you, sirs.
Mr. Plummer: We'll see you in a month.
Mayor Ferre: All right, Mr. Trit.
32. CLOSE CERTAId STREETS, ESTABLISH HOURS, ETC., CONCERNING FIFTH
ANNUAL C00014UT GROVE BED RACE BENEFITING THE MUSCULAR DYSTROPHY
ASSOCIATION.
Mr. Plummer: :cove 49.
Mayor Ferre: Don't you want to hear from her?
Mr. Pluammer: I don't have to hear about the bed race,
Mr. Gary: We do this every year. We close the street for the bed race.
Mr. Dawkins: Second.
Mr. Gary: No problem.
Mayor Ferre: You recommend it. Further discussion?
Mr. Gary: The Police Department will coordinate it.
Mayor Ferre: It's been moved and seconded.
Mr. Plummer: Who can be against beds? 1
Mayor Ferre: Moved and seconded, this is item 49. Would you call the roll,
please, on item 49.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 83-296
A RESOLUTION CONCERNING THE 5TH ANNUAL COCONUT GROVE
BED RACE, WHICH IS TO BE HELD MAY 22, 1982, COSPON-
SORED BY THE MUSCULAR DYSTROPHY ASSOCIATION AND THE
CITY OF MIAMI DEPARTMENT OF RECREATION; CLOSING CER-
TAIN STREETS TO THROUGH TRAFFIC ON THAT DATE DURING
SPECIFIC HOURS AND ESTABLISHING A PEDESTRIAN MALL
SUBJECT TO ISSUANCE OF PERMITS BY THE POLICE AND
FIRE DEPARTMENTS; FURTHER AUTHORIZING THE CITY MANAGER
TO EXECUTE A SUPPORT AGREEMENT SETTING FORTH THE CON-
DITIONS UNDER WHICH THE CITY WILL PROVIDE SERVICE
ASSISTANCE.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
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.APR 61983
Upon being seconded by Commissioner Dawkins, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: -Commissioner Demetrio Perez, Jr.
33. THIRD AND FINAL READING: CABLE TELEVISION ORDINANCE, PROVIDE FOR
CONSTRUCTION, OPERATION, REGULATION, AND CONTROL.
Mayor Ferre: I think you are here on something, Senator?
Senator Ken Meyers: I'm here on item 25.
Mayor Ferre: I think you are, too.
Senator Meyers: 26 and 27.
Mayor Ferre: You want to hear them today?
Senator Meyers: We'd very much like to.
Mayor Ferre: O.K., we'll take up on 25, 26, and 27.
Mr. Plummer: I thought we were only going to take up important things.
Mayor Ferre: O.K., go ahead, you are recognized.
Mr. Dawkins: Mr. Mayor, I would prefer waiting for a full Commission
because I intend to make this as controversial as I can.
Mayor Ferre: Senator, we'll take up 25, 26, and 27....
Mr. Plummer: Bring it up at 8:59.
Mayor Ferre: ....as soon as we have a full Commission, we'll take up these
items.
Senator Meyers: I had intended, Mayor, Members of the Commission, that
Mr. Garcia -Pedrosa would be handling that matter. It is basically an
internal matter of the City's, primarily, not affecting the cable company
only, but indirectly many other things. But when Mr. Garcia -Pedrosa gets
here, he could give you an outline of the reason that it is here as well.
Mayor Ferre: If you can get Commissioner Perez in the room, you'll have a
full Commission. Here he is. Kenny, take up item 25, Cable T.V.
Mr. Dawkins: Mr. Mayor, may I have a reading from the City Attorney as to
what the Charter says about readings of ordinances.
Mayor Ferre: The question to the City Attorney is would you clarify for
the Commission what the Charter says about the reading of ordinances. I
think that has to do with the question that we previously went over. You
have us a written memorandum on procedures.
sl . .95 APR 6 1983
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Mr. Dawkins: To make it short, is there such a thing in the Charter as a final
reading?
Mr. Garcia -Pedrosa: Commissioner, there is not reference to any final reading
in the ordinance.
Mr. Dawkins: So, therefore, to sit here and attempt to have a final reading
is illegal because it is not in the Charter.
Mr. Garcia -Pedrosa: No, sir, the Charter does not specify that there can or
cannot be any number of readings. In this case, it'll be three.
Mr. Dawkins: O.K., then, some time ago, I asked you if we had at any time
enacted any ordinances that might be illegal. You said that we have. Am
I right or wrong?
Mr. Garcia -Pedrosa: I don't think I phrased it that way.
Mr. Dawkins: O.K., you phrase it any way....
Mr. Garcia -Pedrosa: I think I said that you had not enacted ordinances in
accordance with State Statutes, which I thought were controlling.
Mr. Dawkins: Thank you. And at that time, did we say that this was one of
them?
Mr. Garcia-Pedorsa: I don't know if you said that, but I remember that I
did, yes.
Mr. Dawkins: That you did.
Mr. Garcia -Pedrosa: Yes, sir.
Mr. Dawkins: So, therefore, and I said that I wanted to have it revisited
and done properly. Am I right?
Mr. Garcia -Pedrosa: I think you did mention that.
Mr. Dawkins: At this time I would like to offer that 25, 26, and 27 be
revisited and whatever has to be done to make it legal.. if it is re -hearing
or whatever it is, that is what I'd like to have.
Mayor Ferre: Now, this is a request by a member of the Commission on an
item based on a legal position. As I understand from what you just said,
are you concuring?
Mr. Garcia -Pedrosa: Mr. Mayor, I...no, I think that what is being done would,
if you were to pass these three items, would cure the deficiency that existed
previously.
Mr. Dawkins: Mr. Jose, may I read this, Mr. Mayor?
Mayor Ferre: Yes, sir.
Mr. Dawkins: "I have an opportunity to review the City Attorney opinions,
Honorable Miller Dawkins, dated October...."
Mayor Ferre: Excuse me, what are you reading from, so I understand what you
are doing?
Mr. Dawkins: I'm reading from a letter from the law offices of Fowler, White, Burnett,
Hurley, Banick, and Strickroot. It is addressed to Kenny Meyers, Esq.,
Meyers, Kevin, Levinson, Rufner, Frank, and Richards. Subject, RE: Miami
Cable Vision, Our File No: 21599KC. It says:
"Dear Ken,
We are pleased to hear that you have arranged with the
City Attorney's office for readoption of Ordinance No. 9332
and 9567 on March 11, 1983. After our several conversations
on February 23, 1983, I have had an opportunity to review
the City Attorney's opinion to Honorable Miller Dawkins"
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4
Mr. Dawkins (CON'T): "dated October 28, 1982, Miami, 8256 and of
October 12, 1982, Miami, 825A91922 And I find little comfort
in the convulse reasoning in the opinion of the various attorney
generals and other memoranda refering therein. But I'm quite
persuaded that the present City Attorney, Jose R. Garcia -Pedrosa
is correct in saying that all ordinances adopted since the
adoption of Florida Statute Section 166.041 are subject to
challenge."
- And.I am challenging, That's all I'm saying.
Mayor Ferre: Commissioner Dawkins, so I understand properly, there is a
procedual-problem which the City Attorney ruled on. That letter agrees with
the City Attorney. We are now correcting the process. This is a corrective
measure so that we can be in compliance with the law.
Mr. Dawkins: We are attempting to correct.
Mayor Ferre: I understand. Now, as Father Gibson used to say, I personally...
this is just my personal position ... we cannot through to the back door what you
can't do to the front door. What that means in this particular case in this
particular case is this. I want to tell you, Senator, that I am as angry
and as upset as anybody can be with Mr. Charles Hermanowski, Cablevision, and
T.C.I. for what I consider to be gross negligence and what I consider to be
a capricious, malicious, turn -around in their solemn word. They gave us their
word that they were going to do something on this pornographic thing. They
flipped around and changed. They've requested to be removed from the law
suit. What really surprises me and really has me upset is that I sat in an
office...I'm sorry you were not there —upstairs in the Manager's conference
room. Mr. Garcia -Pedrosa was there. Manager Howard Gary was there. I was
there. I forget who else was there.
Mr. Gary: Alden.
Mayor Ferre: No, it wasn't Alden. Alden was no longer there: It was the new
guy that took over Alden's spot and the guy from Colorado, and Hermanowski.
Hermanowski, in his wonderful, laughing way ... he is a charming guy! You know,
I've grown to like him. He said, "Listen, I'm a good, Polish, Catholic boy.
You know I don't like that stuff. As far as I'm concerned, I have no interest
in putting on any of that playboy stuff and all that nude stuff. I'm not for
that. But you know, it isn't me. It isn't me. It's T.C.I. But not me."
Now, all of a sudden, I find out that Mr. Hermanowski, after having said
that in the Manager's conference room a week or ten days ago, is now saying,
now he is putting an 'if' or 'but'
Senator Meyers: That's not true.
Mayor Ferre: However, if our customers request it, then mavbe we'll nilt nr s
little soft porno, a little flick show here and there.
Senator Meyers: Mayor, that is not correct. I don't blame you for being misled
because the article in the newspaper was misleading. If you....
Mayor Ferre: What? In the Miami Herald?
Senator Meyers: Yes, that is correct.
Mayor Ferre: I can't believe that! Do you mean to tell me that somebody in
the Miami Herald....
Senator Meyers: If you read the news tonight, you will see the correct statement
that Mr. Hermanowski made, which I corrected for the reporter, was that he still
honors his commitment to the City. That is true to this very moment. That he
will not show the playboy channel.
Mayor Ferre: I take it all back.
Mr. Carollo: In other words, that story yeas the story full of misinformation.
sl APR 61983
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Mr. Garcia -Pedrosa: How about the law suit, Mayor?
Mr. Gary: He still stays in the law suit.
Senator Meyers: What was that, Commissioner Carollo?
Mr. Carollo: There was a story that was full of misinformation. Is that what
you are saying?
Senator Meyers: I would say that it was a misquote.
Mr. Carollo: Well, the Russians call it "disinformation".
Mayor Ferre: All right, Kenny, one more thing... I'm glad you corrected that.
I stand corrected. You know, it happens so much. My wife all the time gets
angry at me. She reads the Miami Herald and she says, "Why are you doing such
and such?" I say, "I'm not doing that." She says, "The Miami Herald says you
are doing it." I say, "Who are you going to believe, the Miami Herald or me?"
Mr. Plummer: You really don't want the answer to that!
Senator Meyers: No, no, wait a minute. I'm interested in that answer, Mayor.
Mr. Carollo: Heads or tails?
Mayor Ferre: But you know, it bothers me that I even have to ask my wife that.
My wife comes asking me what I'm doing because she reads it in the Miami Herald.
Imagine what so many other people in this community who read and get totally
misled!
Senator Meyers: She told me she believes the Herald.
LAUGHTER.
Mayor Ferre: I want to ask you one last question. We're getting into serious
business now. We're in the middle of a serious law suit. We did not initiate
the law suit. Now follow the process, Senator. We go before the Honorable
Judge Hoeveler, a highly respected federal judge. Our very capable, Harvard -
graduated, star lawyer here....
Senator Meyers: We'll forgive him for that.
Mayor Ferre: ....goes and he makes a wonderful presentation and you go and
you testify on our behalf. As a matter of fact we use your testimony to argue
our case.
Senator Meyers: We stand by those statements that I made to the judge.
Mayor Ferre: All right, all of a sudden, here we get T.C.I. saying, "Hey,
Hermanowski wasn't talking for me. Senator Meyers was not talking for me.
We want permission to pull out, Judge." Now we find out that Americable is
pulling out. Is that correct?
Senator Meyers: Mayor, this is sort of a side track from what we're on.
Mayor Ferre: I know, but I have to get it off my chest.
Senator Meyers: But let me just explain it to you briefly. The letter
commitment that T.C.I. and Americable through Mr. Hermanowski made to you
and the City Manager and the City was that they would not disseminate or
display any obscene or pornographic materials on cable television. They
stand by that commitment to the best of their ability in determining before
hand what is obscene or pornographic, they intend to stick to that commitment
in operating in the City. The letter further said that in the event of any
lititgation contesting any ordinance involving the obscenity or pornographic
materials and the right of the City to prohibit that, we would appear on behalf
of the City. We have done that, as you know.
Mayor Ferre: And you are not withdrawing.
APR 6 1983
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Senator Meyers: As you know, and we have made our position before the court
to the effect that we stand by our commitment in the ordinance....
Mayor Ferre: That's all I want to know.
Senator Meyers: Now, the ordinance, however, goes further than that. That's
what T.C.I. and Americable were in the office talking to you about. Nothing
was done through the back door. They came to you and they said what they were
concerned. about, that they were embarrassed because they are in posture of
attacking.zhe very same type of things around the country and they told Mr.
Garcia -Pedrosa that portion of the ordinance that relates to the right of a
city or county or indeed any local government to prohibit or control what the
city may determine to be that broad spectrum of things called "indecent", that
is beyond the narrow definition of obscenity or pornographic things, that, in
that area, we advised the judge, and I told Mr. Garcia -Pedrosa initially that
we were not taking a position on the constitutionality or the unconstitutionality
of the ordinance.
Mayor Ferre: You know that is what we have been talking about from the beginning.
We're not talking, hey...
Senator Meyers: Mayor, we do not....
Mayor Ferre: We're not talking about obscenity because that is against the
law. Whether we agree to it or don't agree to it, you can't put it on the
screen anyway.
Senator Meyers: But we have not filed a letter commitment of any kind with
the City in connection with that. Now, let me go further. Obviously, the
Cable television company does not want to be in a confrontation position with
its city. We are your licensee. We do not want to be in an antagonistic position.
Mayor Ferre: I want to let you....
Senator Meyers: I am simply...and if you wish us, if the judge wants us to
stay and you wish us to stay, that is a decision of the court. But there is
nothing further that we can do in that case. There is no reason for us to
be there anymore. We made our position clear to the judge....
Mayor Ferre: Senator, all I'm... Look, it's very simple....
Senator Meyers: ....and we are standing moot in the court. We are not taking
a position on the unconstitutionality or constitutionality of the ordinance.
Mayor Ferre: Senator, all I'm saying is this ... when you got into this thing,
your clients in the beginning, you knew where we stood. It isn't that we pulled
any secrets. I publicly in this microphone' read into the record that I had
no intentions of permitting Cable television in the City of Miami to carry
Playboy, nude flicks, and all the other stuff, Erotica or whatever it is called.
As far as I'm concerned, I'm just not ready for that. If you want to watch it,
fine, you can watch it. You can go to the theatre and you can pay $3.50 or
whatever it costs to get in and you can watch all the nice nudie stuff. If
you want to get a cassete you can buy it and take it to your home and if you
have a little casette you can play it. If you can afford to pay for Cable
television, you can afford to buy a little machine to play all the porno stuff
you want. You can be turned on all night. That's your problem. If you like
that, that's wonderful. You go and enjoy it. As an American citizen you have
that right to do it in this country. But as far as using the streets of the
City of Miami for carrying that kind of stuff, we said from the very beginning
this Commission unanimously said we are opposed. Now we were not talking about
pornography in the sense of obscenity. That's already prohibited. We don't
need to pass laws on things that already exist. That's against the law. We're
talking about indecency. That's all we have been talking about.
.29 APR 6 1983
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Senator Meyers: Mayor, let me say this. We are
to sit down with Mr. Garcia -Pedrosa and discuss
the City happy....
Mayor Ferre: That's fine.
perfectly happy and willing
a procedure that will make
Senator Meyers: ....as far as this litigation is concerned. It's strictly
a procedure. Number two,....
Mayor Ferre: Number two, please do that.
Senator Meyers: ....because we are standing pat....
Mayor Ferre: Please do that, sir. Number two, I'm putting this on top of
the table. It has nothing to do with 25, 26, and 27, but we don't get this
opportunity very often. We have Georgia here, and you know, she's being
very quiet listening to all this. I want to just put it all out. I spent
a day out of my life last week flying up to Washington at the City's expense.
The taxpayers paid for my trip. I went up there. I sat there and I met with
the staff people of the House Commerce Subcommittee on Communications, chaired
by Congressman Tim Worth. I had to do that because T.C.I. and the other
companies are pursuing vigorously through Senator Goldwater's bill, Senate
Bill 66, what is in effect a total demolition of all of the work that this
City has done.
Senator Meyers: I'm not aware of it.
Mayor Ferre: That's my opinion. That happens to be my opinion. All this
stuff....
Senator Meyers: No, I said, I'm not aware of that.
Mayor Ferre: ....Yes, but all the stuff that we are doing here, is moot.
It is insignificant. It doesn't mean anything, because if Senate Bill 66,
or the compromise bill that will now be marked up in both the Senate and
will start hearings in the House very soon, get through, everything that
the City and Howard Gary, Garcia -Pedrosa, Clark Merrill, and now Sue, and
the lawyers from Washington, and all these hundreds of thousands of dollars
and years of work are all down the drain. Notwithstanding those two bitter
objections on my part, when Joe Carollo's friend from the Miami Herald called
me, and how he found me in —where was I? Wisconsin, what is the name of
that place? ... Racine, Wisconsin, how he found me in Racine, Wisconsin is
beyond me, but sure enough, at 6:15 in the morning, there....
Mr. Carollo: Mr. Mayor, Mr. Mayor, you shouldn't be. Comrade Zaldivar has
some very strong friends.
Mayor Ferre: He found me in Racine, Wisconsin; called me at 6:15 in the
morning yesterday and said to me, "I need to have your ... and he was trying
to egg me on to say that I was going to vote against 25, 26, and 27." Do
you know what I said to him? He didn't print this, you see. This portion
he didn't print. At the end of his story this morning he has a little quote
from me, but he didn't print —he kept pushing me, he kept saying, "Don't
you think, and don't you think that... and isn't it, you know" A very nice
way...he's very careful, he goes right to the edge. He didn't go over the
edge. He didn't put words in my mouth, but you know, I was half asleep and
he was pushing me. Do you know what he wanted? He wanted me to say that
I was going to vote no against this. I said to him, now look, Rick, so
you understand, I am not going to utilize my anger....
Senator Meyers: Zaldivar you are talking about?
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Mayor Ferre: Zaldivar...I'm not going to use my anger against in the situation
with T.C.I. and Mr. Hermanowski on pornography. I'm not going to use my anger
at T.C.I. for Senate Bill 66 and Senator Goldwater in a way that I think would
be unethical. In other words, one thing has nothing to do with the other.
I'm not going to use this vehicle as a way for a couple of reasons. In the
first place, this is a procedural matter. Even though I may be angry at T.C.I.
for something else, I'm not going to use this as a hammer, number one. Number
two, from what my City Attorney tells me, if we don't vote on this procedural
matterao ndyuu take'us to court on this thing, probabilities are that we are
going to 1Qse this; because it is a matter, at this point on second reading,
unless we have valid reasons for not voting for this other than unrelated
items. Fbr example, my feelings on pornography have nothing to do with this.
I can't vote on this based on my feelings on some other issue. That's all I
wanted to say.
Mr. Carollo: You were staying where, Mr. Mayor? Washington, D.C.?
Mayor Ferre: This was in Racine, Wisconsin.
Mr. Carollo: Wisconsin.
Senator Meyers: Mayor, I respectfully submit that is an absolutely correct
position to take for any Commissioner who is here. I speak to you as well,
Commissioner Dawkins and personally; because let me tell you, what we are
asking you to do today, you are going to have to do eventually with every
single ordinance that has been passed by this City since 1973. You are going
to have to readopt the Code of Ordinances of the City of Miami. The only
reason why we are doing it special is because we have a loan coming up in
ten days and we have to close and clear the record on it. But you are going
to have to do it eventually. This is really more of an internal City matter
than it affects the Cable Company. Florida Power and Light came to you last
year and asked you to do the same thing, because they had a bond issue that
they had to float, debentures or something and they had to clarify the question
of record as well. So really if you have some substantive concerns about
the company and you have that absolute right, as Commissioners. Set them
down in the proper forum and let's hear them out. But this is not the place
to do it. I would like to go ahead and clear up the air on it so we can go
through with our $31,000,000 closing and continue our construction.
Mayor Ferre: Commissioner Dawkins.
Mr. Dawkins: Mr. Mayor, whether the Cable Company stands a chance of winning
in court or whether we stand a chance of winning in court, I go on record as
saying that I believe that there is no such thing as a final reading when you
have had two readings according to your charter. I also go on record as saying
that Ordinance 25, 26, and 27 are in violation of Florida Statutes, Section
166.041. I was told that the only way to correct that is at a public hearing.
This is not a public hearing. I stand by that.
Mayor Ferre: Now, Commissioner Dawkins has made a statement into the record.
It is dealing strictly with the legal matter. Now, I want to get the legal
position of the City Attorney and if Commissioner Dawkins wants to make a motion
to overule that, then I'm going to accept that motion. All right, on the
record, Mr. City Attorney.
Mr. Garcia -Pedrosa: Mr. Mayor, I agree with Commissioner Dawkins in that the
ordinances in question were not passed in accordance with the requirements
of State law and particularly Section 166.041 of the Florida Statutes. I,
of course, have indicated to you previously in legal opinion MIA-82/54 that
I rendered to Commissioner Dawkins last October 12th that in my view, this
Commission is required to follow State Law in the manner in which it adopts
ordinances. That includes the requirement present in 166.041 that there be
a public hearing and that there be a publication seven days prior to final
adoption. It is my understanding, however, that that has been done with respect
to these three items. That is to say, that at the request of Senator Meyers'
clients, the three items in question have been advertised for final reading
seven days ago and that in the notice it has been clarified that anyone wishing
to speak at this meeting may do so, which of course, would satisfy the requirement
of a public hearing. Of course, before there is a vote, if you put it to a vote,
you must recognize anyone who may be in the audience who may wish to be heard.
So with those two requirements having been fulfilled, it would be my view that
the requirements of Florida Statute Section 166.041, which have not previously
sl 101 APR 6 m3
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Mr. Garcia -Pedrosa (CON'T): been met with respect to these three items, would
now be met and that if you were to vote affirmatively on this ordinance, or
these three ordinances, they would then be in compliance with Florida law.
Mayor Ferre: Then the Chair will declare that we can proceed with items 25,
26, and 27 according to the City Attorney's ruling. Therefore, we are on
final reading of item 25. Before we move along, this is a public hearing.
Is there anybody who wishes to be heard on item 25? Anybody in the audience,
member Qf.-the public,who wishes to be recognized for the purpose of being heard
on this item? Seeing none and hearing none, then we are at the Commission
level. Are there any questions from members of the Commission on item 25?
Mr. Plummer: Well, let's just put one other thing in the record. Mr. City
Attorney, my understanding is that very simply this is just making our
ordinances in compliance with our Charter and the State regulations. Is
that correct, sir? We are not changing anything?
Mr. Garcia -Pedrosa: It would make this ordinance be adopted with State Law.
Mr. Plummer: Thank you, sir.
Mayor Ferre: All right, since Gibson isn't here...
Mr. Plummer: I move 25.
Mayor Ferre: Plummer moves. Is there a second?
Mr. Plummer: Yes, let me make clear something, Mr. Mayor, before making any
statement. First, I would like to point out that at the time that the cable
issue was in the City Commission, I was not a member of the Commission. On
the second reading, when I was a member of the Commission, I voted against.
I made clear for the record that position at that time. It was in November
1981. Now, at that time I supported a referendum for the people of Miami to
have the opportunity to decide the cable issue in this area. After the
statement that we had here today, I understand that we only have a technical
issue. I think that it was approved on first and second reading. I think
that it was already approved by the former Commission. As the Senator
explained the legal opinion that we have here, I think that it will affect
all the ordinances that were approved by this Commission from 1973. In that
position personally I cannot assume that responsibility. I think that this
is a technical issue. For that reason I second the motion of Commissioner
Plummer.
Mayor Ferre: Further discussion? Read the ordinance, please. Further
discussion? Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE PROVIDING FOR THE CONSTRUCTION
OPERATION, REGULATION AND CONTROL OF CABLE
TELEVISION SYSTEMS WITHIN THE MUNICIPAL
BOUNDARIES OF THE CITY OF MIAMI.
Passed on its first reading by title at the meeting of October 30, 1980,
it was taken up for its second reading by title at the meeting of December 17, 1980.
It was taken up for its final reading by title and adoption. On motion of
Commissioner Plummer, seconded by Commissioner Perez, the ordinance was
thereupon given its final reading by title and passed and adopted by the
following vote:
AYES: Commissioner Demetrio Perez, Jr.
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
ABSENT: None.
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APR 6 1983
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SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9223
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
ON ROLL CALL:
Mr. Carollo: Let,me say this. Even though I think that T.C.I. has gone a
long way -in trying to correct their past mistakes, for instance in getting
rid of Mr— Alden, a very positive and wise move, I understand that Mr.
John Lasserville is not a stockholder anymore. That he has been moved
aside. I understand there have been some other positive steps that have
been taken. I think there have been steps that in the right direction,
a little late, but in the right direction. I still think, however, that
there are a lot of areas that need to be improved. For instance I think
that the types of partners that T.C.I. has in other areas leave a lot to
be desired. I'm talking about the Miami Herald. So, for those reasons
and many others that I have expressed on numerous occasions, and I'm not
going to take two hours of our time going over them, I vote no.
Mayor Ferre: I tell you, I am upset at T.C.I. for the reasons I have explained.
But I don't think this is the way to solve that problem. Therefore, I vote
with the ordinance.
34. THIRD AND FINAL READING: GRANT NON-EXCLUSIVE LICENSE TO MIAMI
TELECOMMUNICATION INC. AND AMERICABLE OF GREATER MIAMI L L14ITED
FOR CABLE T.V. SERVICE IN THE CITY.
Mayor Ferre: Now we have item 26, which is the corresponding ordinance that
goes with that.
Mr. Carollo: It was moved by Commissioner Gibson. Seconded by Armando
"Lacondo".
Mayor Ferre: Anybody here wish to speak to the Commission on item 26? Anybody
in the public who wishes to speak to item 26? Hearing none, is there a motion?
I assume this has the Manager's recommendation. It does not?
Mr. Gary: I'm like Commissioner Carollo one this one. No, we support it.
Mr. Carollo: Gibson is gone and Lacasa is in exile.
Mayor Ferre: Does anybody want to make a motion on this?
Mr. Plummer: Move 26.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
Mayor Ferre: Further discussion? Read the ordinance. Mr. City Attorney,
before I vote on this.
INAUDIBLE BACKGROUND COMMENT NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: I have. I will do it for the third time. This is the third
time on the record that I will ask if there is any member of the public that
wishes to speak on item 26. Let the record reflect that this ordinance is
before the City of Miami Commission legally; that every member of the public
has an availability of having a copy of the ordinance we are about to vote on,
which is a regularly scheduled agenda item. Now, on item 26, Mr. City Attorney,
in the question of the granting of the non-exclusive license to use the street
alleys, public ways, and places of the City to construct, operate and maintain
103
APR 61983
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a,
Mayor Ferre (CON'T): a cable television system. There are conditions that
have been set forth. Are those conditions part of 26?
Mr. Garcia -Pedrosa: Yes, sir, they are.
Mayor Ferre: Would you refresh my memory so I can into the record explain
the legislative intent of this vote. The areas dealing with the possible use
of the wave lengths of cable television dealing with pornography. There is a
particular. portion. -of this when we originally deliberated, when we discussed
the possibility that we would preclude the right of having pornographic
pictures, soft or hard.
Mr. Garcia -Pedrosa: I think, Mr. Mayor, what you are refering to is that
government, and in this case, municipal government, which owns the public
rights -of -way and things like streets and sidewalks....
Mayor Ferre: No, no, what I am talking about, Mr. Garcia -Pedrosa, is when
we originally voted on this item in October 1981 and previously in December
17, 1980, in the previous area and again when we get into 27, there was
discussion about the police powers of the City of Miami prohibiting certain
functions including pornographic material. I want the record to reflect
that on voting on items 25, 26, and 27 it was my clear understanding that
we were prohibiting was not obscenity because that is against the law of
the State of Florida. We were not dealing with what was the law of the State.
We were dealing with the issue of indecency. There seems to be some confusion
now cropping up that Mr. Hermanowski and others were dealing only with the
question of obscenity. That is a non -issue. It is against the law to show
obscene things on television.
Mr. Garcia -Pedrosa: That is exactly right, Mr. Mayor. The Florida Legislature
has adopted Chapter 847 of the Florida Statutes which specifically forbids
the display and showing of obscene materials. You don't have to do anything
about that. It is already illegal. Of course, the Supreme Court has
consistently and for many years held that obscenity has no constitutional
protection. ,
6 1983
4 i,
Mayor Ferre: Even if the Miami Herald and the Miami News editorially say
that the First Amendment guarantees everybody the right to watch porno flicks,
okay? So, the point is that we have never been dealing with the issue of
obscenity. The thing that the City of Miami Commission has been traditional-
ly concerned with, is indecency and indecency specifically has been further
defined as we have gone along and in the specific case and in other issues.
I want to leave the record absolutely clear that the legislative intent of
;• this Commission, from the very, very, very beginning and subsequently through
-V the process of..taking it to the voters for a ballot was in dealing with the
prohibition of indecent exposure, of indecent material on cable televsion.
If you want to watch indecent material, you can watch through other sources -
not on cable television in the City of Miami. Okay? I just want to leave
that in the record. Further discussion. Can we call the roll now?
AN ORDINANCE ENTITLED:
AN ORDINANCE GRANTING A NONEXCLUSIVE LICENSE TO MIAMI
TELE-CO=MICATIONS, INC AND AMERICABLE OF GREATER
Ml,*1I, LTD. FOR THE PRIVILEGE TO USE THE STREETS AND
PUBLIC WAYS WITHIN THE MUNICIPAL BOUNDARIES OF THE
CITY OF MIAMI TO CONSTRUCT, OPERATE AND MAINTAIN A
CABLE TELEVISION SYSTEM UNDER CERTAIN TERMS AND
CONDITIONS AND PROVIDING OTHERWISE WITH RESPECT
THERETO AND CONTAINING A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of October 13, 1981,
and passed on second reading by title only on October 19, 1981,
it was taken up for its third and final reading by title and adoption.
On motion of Commissioner Plummer, seconded by Commissioner Perez,
the ordinance was thereupon given its third and final reading by
title and passed and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9332
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. THIRD AND FINAL READING ORDINANCE: CABLE T.V., ADDING TO SUCH
ORDn;ANCE CERTAIN PROVISIONS OF RESOLUTION u2-1174.
Mayor Ferre: Now Mr. Plummer, we are on Item Number 27. This was moved by
you - Item 27 on February 10, 1983. Plummer moved and Dawkins seconded.
Mr. Plummer: Kenny, two out of three. Two out of three, Kenny? I move it,
of course.
Sen. Myers: And they called North Carolina State the cardiac kids!
Mr. Plummer: Excuse me, I want to go back, Mr. City Attorney. as I asked you
on Item Number 25, I want to put into the record on 26, that this is nothing
more than making the ordinance legal and in compliance and that the same thing
apples to Item 27. There is absolutely nothing any different than what we
voted on before. It is a matter of making the ordinances legal. Am I correct?
ld
105 ,APR 61983
Mr. Garcia -Pedrosa: Yes, the ordinances have not changed since the Second
Reading.
Mr. Plummer: All right, I move Item Number 27.
Mayor Ferre: Plummer moves 27. Is there a second?
Mr. Perez: I second as a technicality part.
Mr. Garcia -Pedrosa,-, Mr. Mayor, before you do that, if I might...
Mayor Ferre: Commissioner Perez seconds. Hold on. Is there any member of
the public ...
Mr. Perez: Yes, in order to have for the record, I want to point out that I
second this motion as a technicality only.
Mayor Ferre: All right, is there any member of the public who wishes to
address the City of Miami Commission on this particular issue - Item 27,
ordinance on final reading, amending ordinance number 9332. If not ... you
do. All right, please step forward, sir.
Mr. Plummer: Are we going to go through this "tax it" again? If you can't
control it, tax it?
Mayor Ferre: Name and address for the record.
Ms. Albio Ruis Castillo: No, Mr. Plummer, nothing like that, sir. My name
is Albio Ruis Castillo. I live at 2386 S. W. 50th. I would like to ask the
gentlemen - is the cable on time, being built?
Senator Meyers: The construction schedule, as I understand it, is
underway. They are discussing now with the City Manager, and Mr. Clark
Merrill what some delays have been caused by, but they have now wired ode
thousand homes, approximately, who are now ... how many? How many in Miami?
Mr. Charles Hermanowski: We are presently passing seventy-five hundred homes.
We have about sixteen hundred customers. We have had tremendous delays with
Southern Bell Telephone, getting on their poles. It is their five districts.
One district has cooperated fully, and that is why we really have been build-
ing this system.and I just want to announce for the record that Mr. Fred Shay,
of the Coral Gables district today, at a meeting that I have had, has indicated
full cooperation, and that was one of the main stumbling blocks. He took con-
trol. He is a very dynamic young executive in Southern Bell and I think pro-
gress will be made, because he has gone through our line going through
Brickell, into Little Havana, etcetera, because up to now we have only been
building the Liberty City area and the Overtown area, because it was the air-
port district, they have cooperated. Florida Power and Light was absolutely
super to us. They cooperated, and now I think we will be getting cooperation
from the other districts. And that only happened today and we are going to
go...
Mr. Plummer: Does this relate to the ordinance?
Mr. Hermanowski: No.
Ms. Castillo: No, sir. I just wanted to know when it was going to get into
the south west area, since you have been haggling so much on the floor, I
figure I might as well get it in! Thank you.
Mayor Ferre: All right, Mr. Manager, after the vote, I am going to ask
you to give us a brief overview as to where we stand. All right, anything
else? Anybody else that wants to speak on this? All right, if not, read
the ordinance.
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106
APR 6 1983
AN ORDINANCE ENTITLEL'
46
4
AN ORDINANCE AMENDING ORDINANCE NO. 9332, WHICH CREATED A
NONEXCLUSIVE LICENSE FOR A CABLE TELEVISION SYSTEM IN THE
CITY OF MIAMI, BY ADDING TO SUCH ORDINANCE, CERTAIN PRO-
VISIONS OF RESOLUTION NO. 82-1174, PASSED AND ADOPTED BY
THE CITY COMMISSION ON DECEMBER 16, 1982, WITH MODIFICATIONS,
WHICH RESOLUTION AUTHORIZED AND APPROVED THE GRANTING OF
CERTAIN SECURITY INTERESTS IN THE CABLE TELEVISION SYSTEM
AND OTHER PROPERTY INTERESTS OF THE CABLE LICENSEES; PRO-
VIDING PROCEDURES AND CONDITIONS FOR OBTAINING APPROVAL
OF BORROWING BY THE CABLE LICENSEES.
Passed on its first reading by title at the meeting of January 13, 1983,
and passed on second reading by title only on February 10, 1983,
it was tdkdn up -for its second and final reading by title and adoption.
On motion'of Commissionr Plummer, seconded by Commissioner Perez,
the ordinance was thereupon given its third and final reading by '
title and passed and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9567.
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.
FURTHER DISCUSSION AFTER READING OF THE ORDINANCE, BUT BEFORE ROLL CALL:
Mr. Carollo: Number 27 is in reference to - that was a system in itself,
but it is reference to being able to....
Sen. Meyers: Obtain the loan.
Mr. Carollo:....obtain the loan. That is the only thing that 27 has to do
with. Am I correct, Mr. City Attorney? I see Howard shaking his head.
Mr. Garcia -Pedrosa: Well, I don't think it is...no, I don't exactly agree
with that, because...
Mayor Ferre: It is more complicated than that.
Mr. Carollo: Forget it. If it is complicated, don't explain it. I don't
want to handle it.
Sen. Meyers: It deals with the loan arrangement.
THEREUPON, roll call was made.
36. BRIEF DISCUSEIOII ITEM: DELAYS IN CONSTRUCTION. OF CABLE T.V.
SYSTEM III TEE CITY.
Mayor Ferre: While Mr. Hermanowski and his associates are here, I know that
the Cable Television Company is way behind in their schedule. There is some
controversy about some monies and I saw the other check was given the other
day. We are making, I understand, some headway with accounting - now where
do we stand on all these issues?
Mr. Gary: Are you talking about right now?
Mayor Ferre: You don't want to get into it right now? All right, would you
give us a report on the 28th of April? ... or would you rather do it on May 12th?
Mr. Gary: Let's do it May 12th.
Id 107 APR 6 198
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37. BRIEF DISCUSSION ITEM: INSTALLATION OF GUY -WIRE ACROSS A
DRIVEWAY, REQUESTING CITY MANAGER TO AFFECT REMOVAL.
Mr. Dawkins: Mr. Gary, would you have someone see that a guide -wire between
50th Street and 51st Street on 14th Avenue that has been strung from a tele-
phone post across a driveway that makes it difficult for an individual to
negotiate the turn into the driveway, that it be removed.
yr. Gary: Is that cable?
Mr. Dawkins: Yes, with a yellow guide -line on the end of the cable.
38. PERSONAL APPEARANCE: MARY WOODS RE: BLACK CAUCUS IN
LITTLE HAITI ON MAY 21st. THIS :MATTER WILL BE DISCUSSED
ON APRIL 28th.
Mayor Ferre: Ms. Woods, the Chair recognizes you.
Ms. Mary Woods: Thank you, Mayor, Commissioners. My name is Mary Woods. I
live at 1270 N. W. 171st Street. I am here today regards a function that my
committee, the Black Caucus, wishes to conduct throughout the City of Miami
and Little Haiti on May 21st. It is termed the Around -The -World Dinner and
it is an eight course meal where it is to be served in eight different establishuients.
I trust that you all have the letter. This function will, we feel, help in
promoting a better image of the community and help the restaurants involved
financially as well as promote positive advertisement. This is in keeping
with the convention that is to be held here May 19th through May 22nd. Part
of that convention will be workshop. One workshop will deal with import-
export, with Miami as a port of entry.
Mr. Carollo: Excuse me, Ms. Woods, I am sorry to interrupt. What caucus is
this?
Ms. Woods: The Black Caucus.
Mr. Carollo: Political party caucus, or...y
Ms. Woods: Grassroots Black Caucus that is connected with a political party,
yes.
Mr. Carollo: In other words, it is part of the Democratic party's Black
Caucus.
Ms. Woods: Black Caucus...
Mayor Ferre: Is this an official recognized part of the Democratic party?
Ms. Woods: No, it isn't.
Mayor Ferre: Okay, in.other words, you see, the State of Florida has very
stringent rules on the usage of the word "Democratic" or "Republican", and
by law, you cannot use the word "Democratic" or "Republican" unless it has
the official...
Mr. Carollo: That is why they are not using it.
Mayor Ferre: Well, what do they use?
Mr. Carollo: Black Caucus, but Black Causus for what?
ld
.APR 6196�),
Mayor Ferre: They call it Democratic Black Caucus. You know you are in
violation of Florida law. Unless you have the approval of the Democratic
party, you cannot use the word "Democratic Black Caucus".
Mr. Plummer: She didn't use it.
Mayor Ferre: What? Oh, I see. You are calling it the Black Caucus.
Mr. Plummer: Right. -
Mayor Ferre: No, it is Democratic Black Caucus.
Ms. Woods: It will be a part of the convention that will be... that is the
State Democratic Black Caucus Convention.
Mayor Ferre: So in other words, it is recognized by the Democratic Party?
Ms. Woods: The State Caucus, yes.
Mayor Ferre: Of the State of Florida.
Ms. Woods: Yes.
Mayor Ferre: Okay, because it either is, or it isn't.
Ms. Woods: Yes.
Mr. Carollo: Wtih all due respect, and I am sorry to be interrupting you,
you have plenty of opportunity to rebuttal and explain what you were saying,
I but I don't mind going out and giving City monies to do positive things
for this community, but when we start to get involved now with political.
parties, I think we are getting into a real dangerous area, and I am not in
favor of giving any City monies to any organization that involved with any
political parties, be it the major political parties, or be it the minor
political parties.
Mr. Perez: I think that we approved this position last year.
Mr. Carollo: No.
Mr. Perez: She was before this Commission last year.
Mayor Ferre: Have we ever approved any monies for you to...
Ms. Woods: You approved the waiver on the Convention Hall the year before
last. '
Mayor Ferre: For the same group?
Ms. Woods: Yes, for the Dade County Democratic Party.
Mayor Ferre: Well, Mr. Manager, do you want to venture into this one?
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mayor Ferre: The Manager does not approve. Now...
Mr. Carollo: Let me say this for the record, Ms. Woods. I think I have been
more helpful than anybody in this Commission to the Democratic Party of Dade
County and as far as them being able to use City facilities, everytime that
the Democratic Party of Dade County has wanted to meet in these halls, it has
been Joe Carollo that has been called at home by my friend Mr. Nick Buoniconti,
the Chairman of the Democratic Party of Dade County, so it has nothing to do
with Democratic Party, Republican Party, Wigg Party, or anything else. I just
don't think the City should be getting involved in that area.
Mayor Ferre: All right, questions from members of the Miami Commission?
Anybody? Well, Mary, I happen to be a minority I guess, of one, or maybe
two on this because, you know, I wished we lived in a perfect world, but we
don't and the problem is, that the Democratic Black Caucus of Florida and
Morris Milton, and what you are proposing to do, come May 20th, is to bring
an awful lot of important people in the Black community, political community,
ld 1i 3 Ar.1 6 190
4 6
together and do a lot of important things for the community as a whole.
You know, Carrie Meeks and Chief William Boone Darden and Representative
John Thomas of Jacksonville; Lee Moffit, Speaker of the House; Charlie Whited,
the party chairman.
Ms. Woods: And I may add that all of the hereinbefore announced presidential
hopefuls have also requested to be present and speaking at our conference.
Mayor Ferre: The pr6blem is ... I think I can't disagree with Commissioner
Carollo saying that we get into pretty dangerous grounds when we get into
party politics and I don't know if any city government or even state has ,
ever quite done that before. Are you getting any support from Metropolitan
Dade County?
Ms. Woods: Yes.
Mayor Ferre: What monies are you getting from Metropolitan Dade County?
Ms. Woods: $7,000 in matching funds have been promised. Of course, the
hearing for that will be on the 19th.
Mayor Ferre: Well, I will tell you that I hate to put all of you through
this, but I will move that we approve the same amount of money that you
get from Metropolitan Dade County, subject to their hearing.
Mr. Carollo: Mr. Mayor, if somebody wants to jump from a bridge, just be-
cause we do it doesn't mean we have to.
Mayor Ferre: I know!
Mr. Carollo: If Dade County Government wants to do something that governments
should not be getting into, that doesn't mean that the City of Miami Govern-
ment should get into it.
Mayor Ferre: All right, the City Attorney is going to rule me out anyway,
so, what do you say?
Mr. Garcia -Pedrosa: I don't really know if you can do that, Mr. Mayor.
Mayor Ferre: Why not?
Mr. Garcia -Pedrosa: If you want to pass it, it will have to be subject to
my coming back to you on it, because you would be using public funds for
partisan political purpose.
Mayor Ferre: Well, how come Metropolitan Dade County can do it?
Mr. Garcia -Pedrosa: I don't know. They do a lot of things that I don't
know how they do it.
Mr. Carollo: Everybody is running for Mayor over there, that is why.
Mayor Ferre: I will tell you what. Mary I hate to do this. Could you come
back on the 28th? I promise you we will take this thing up first thing.
When is the meeting of the County Commission?
Ms. Woods: On the 19th.
Mayor Ferre: I don't know how anybody else here feels, but we have one ex-
pression of support and one against. If the rest of the Commission wants to
express themselves, that is fine. Otherwise, I intend to make this motion
on the 28th, provided that you have gotten support from Metropolitan Dade
County for $7,000.
Mr. Carollo: Mr. Mayor, what we are doing is opening up a Pandora's box, and
I can just see members of the Hispanic Caucus of the Republican Party coming
here to see if the City will contribute $7,000 to the dinners being held a
few weeks from now, where Senator Jesse Helms will be coming down and quite
a few other U. S. Senators and U. S. Congressmen that are Republicans and I
am sure the W199 make sure they get some of that
ld
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APR 61983
4
Mayor Ferre: What happened to Carol Anne? Maybe he doesn't wish to support
this. All right, thank you very much for your patience today.
39. PREPARED RESOLUTION: INSTRUCT CITY MANAGER AND INCLUDE REQUIRE-
NENT OF,R.F.P.'s FOR AFFORDABLE HOUSING TO BE AWARDED AMONG
AkI,HISPANIC VENDORS, SUPPLIERS, CONTRACTORS, AND BUSINESS
.._.ENTERPRISES ON AN EQUAL BASIS 25% BLACK AND 25% HISPANIC.
Mr. Dawkins: Mr. Mayor, this morning I asked for a resolution. I would like
to see if I can move it now, please. Okay, this morning I asked that a reso-
lution be prepared. Did you read the resolution, Mr. City Attorney?
Mr. Garcia -Pedrosa: Yes, Commissioner. It is a resolution instructing the
City Manager to include the requirement in the Request for Proposals which
will be furnished to prospective developers of the proposed City of Miami
Affordable Housing program - that 50% of the total dollar cost of the program,
including, but not limited to the cost element of planning, design, construc-
tion, materials and supplies, management and sales shall be awarded to and
among Black and Hispanic vendors, suppliers, contractors and business enter-
prises on an equal basis, 25% Black, 25% Hispanic.
Mayor Ferre: Moved by Miller Dawkins. Is there a second?
Mr. Carollo: Second.
Mayor Ferre: Further discussion?
Mr. Plummer: Question. Does that track the language of the new procurement
ordinance?
Mr. Garcia -Pedrosa: You mean the Minority Procurement Ordinance?
Mr. Plummer: Yes.
Mr. Garcia -Pedrosa: Basically, yes.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 83-297
A RESOLUTION INSTRUCTING THE CITY MANAGER TO INCLUDE THE
REQUIREMENT INTHE REQUEST FOR PROPOSALS WHICH WILL BE
FURNISHED TO PROSPECTIVE DEVELOPERS OF THE PROPOSED CITY
OF MIAMI'S AFFORDABLE HOUSING PROGRAM, INCLUDING BUT NOT
LIMITED TO THE COST ELEMENTS OF PLANNING, DESIGN, CONSTRUC-
TION, MATERIALS AND SUPPLIES MANAGEMENT AND SALES SHALL BE
AWARDED TO AND AMONG BLACK AND HISPANIC VENDORS, SUPPLIERS,
CONTRACTORS AND BUSINESS ENTERPRISES ON AN EQUAL BASIS
(25% BLACK AND 25% HISPANIC).
(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
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APR 6 1963
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40. PUBLIC HEARING: AUTHORIZE MANAGER TO SUBMIT APPROVED GRANT
PROGMI FINAL STATEMENT TO H.U.D. IN THE AMOUNT OF $10,005,000
FOR PROPOSED COMMIUNITY DEVELOPMENT PROGF.AM 83-84. THIS INCLUDES
THE PASSAGE OF A FIRST READING ORDINANCE FOR THE 9TH YEAR COM-
HUNITY DEVELOPMENT BLOCK GRANT FUNDS.
Mayor Ferre: All right, we are now on the Public Hearing on Item Number 75.
Mr. Manager, the Chair recognizes you. All right, we have the following
Community Development Advisory Board members - I think we are going to ask
Henry Gibbons to speak on behalf hopefully of the whole group, amd then we
will see where we are. All right, Ladies and Gentlemen, please sit down
after you have stretched, so we can proceed. Go ahead, Henry.
Ms. Dena Spillman: Mayor and members of the City Commission, you have before
you the Staff and community recommendations for the Ninth Year Community Develop-
ment application. The basic areas in which we concentrated our efforts were
housing, economic development, public service programs and on -going projects.
Housing was encouraged, because as you are aware, there are no more Federal
funds for housing programs. Economic Development is an area of strong con-
cern as a source of jobs for our community residents and a source of leveraging
private money. Two new programs that we are recommending for this year, is
a low interest revolving loan fund to be handled by the Miami Capital Develop-
ment Corporation and a commercial facade improvement program to help neighbor-
hood economic neighborhood areas. Neither of these programs have been funded
with Community Development funds previously. As we discussed with you last
year, we are recommending that the community based organizations be funded at
a level of $37,750 and that they provide any additional funds themselves. It
has been recommended that the Allapattah Merchants Association and the Wynwood
Development Corporation not be recommended for funding for the next year.
Staff has recommended that both of these dollar amounts for these communities
go out for bids, so that different organizations can apply for them. Public
Services as usual, are the strongest point of controversy in the Community
Development application. There are two recommendations in your package that
Staff has changed after some deliberation, Initially we had recommended that
team sponsored Mrs. Eufala Frazier, a housing program in the
Model Cities area not be funded. After meeting with Mrs. Frazier, we have
decided to work with her over a three month period and establish goals and
objectives for her and come back to you after three months with a recommenda-
tion after her evaluation. We also have had discussions with United Family
and Children's Services, which is a downtown organization. We feel that the
services they are providing are well worth the small amount of money that we
give them, which is approximately $23,000. The programs which we are not
recommending for funding, are the Residential Homemakers of Dade County, and
I want to stress something on this. I think it is very important. This
program serves Little Havana. It is an excellent program. It is not a bad
program; they are doing an excellent job. However, it is a County program.
We are paying for County staff. We feel this is a County responsibility.
These people have never gone to the County and asked for money. They come
to us every year and we fund them. We recommend to you that the City Manager
be encouraged or allowed to write to Merritt Stierheim and try to work out
some sort of an agreement on this program. James P. Scott Community Associa-
tion and Raphael Villaverde Activities and Nutrition Center, both of which
were funded last year on what we thought was a one-time basis for $25,000
each are not recommended for funding. I want to apologize to Josefina
Carbonel and Archie Hardwick for not taking the time to sit down and meet
with them about this before this meeting. I am sure that they will have some-
thing to say about these recommendations. The on -going programs that we are
recommending are the Overtown Shopping Center, the Park West Project, the
Overtown Urban Initiative Project, Phase II of the Garment Center and Miami
Capital Development Corporation. All of the recommendations by Staff and by
the community are in your package, and we have had several City-wide Community
Development board meetings and Mr. Henry Gibbons is chairman of that board,
and I believe he has some comments on the program.
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APR 6 1983
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Mr. Henry Gibbons: Mr. Mayor, as Chairman of the Board, and I am rather new
at this, we really didn't have a great deal of time to go over this budget or
these recommendations because of timing period. Evidently this matter had to
be before this Commission on this date and our first meeting was held approxi-
mately a month or so, or two months ago. However, if you go over the list of
recommendations that were made by the board, there is a great deal of difference
to what the staff is recommending and what the Advisory Board is recommending.
One area I would'like to start with is the area of Miami Capital. When this
matter was pr2sentea.to us for funding Miami Capital for a revolving loan
program bT'$1,200,000, we were not knowledgable of the fact that Miami Capital
was requesting $2,000,OOO.in funding, so staff is recommending $1,200,000 and`
yet still Miami Capital is requesting $2,000,000 and the Advisory Board only
knew of the $1,200,000 that is being recommended by Staff. Yes, sir?
Mr. Dawkins: Why are you taking tax dollars to finance a private organization?
Mr. Gibbons: I am not taking tax dollars to finance a private organization.
Mr. Dawkins: Then to Mrs. Spillman, a part of the Miami Capital was here before.
I asked him if it was responsive to this Commission, they said "no",it was a private
organization. Now you are going to take tax dollars and fund a private organization?
Ms. Spillman: If I may explain that. They are a quasi -public organization.
They are responsible to the City through a contract that is between the City
and Miami Capital. They are responsible to us through that contract.
Mr. Dawkins: All right, then...
Ms. Spillman: Can I add one more thing, Commissioner.
Mr. Dawkins: Then in came the group that Mr. Percy is with wanting to borrow
$500,000 to open up a credit union and you say "no" because it is a private
organization. Okay, now explain now why. Explain that.
Ms. Spillman: It is my understanding, and I was not present at that meeting,
that the Credit Union was awarded $50,000.
Mr. Dawkins: They asked for half a willion.
Ms. Spillman: Well, Commissioner, I cannot respond to that. I was not
present.
Mr. Dawkins: Okay then, go ahead and explain to me then why want to take
tax dollars to fund a private organization.
Ms. Spillman: Miami Capital was started oeiginally to give loans to businesses
in our various neighborhoods, our Community Development neighborhoods as well
as throughout the City that could not qualify for regular bank loans. We
got E.D.A. money for a period of time that was available for this loan program.
That money is used up, or will be very shortly. Unless Miami Capital is given
loan money to help neighborhood businesses, there will be no source of loan
money for those businesses from the City of Miami, including bank loans.
Mr. Dawkins: Well, Mr. Gibbons, I will have to ask you - with the Community
Development cooperation, that we have an area for striving to get the money
with which to operate with. Why can't we take that million dollars and put
into the local Economic Development instead of Miami Capital?
Mr. Gibbons: Commissioner Dawkins, I think I can answer that in this fashion.
I don't think that the local development organizations are capable at this
time of administering those funds. This is something I will address at a
point in time before I leave the podium. -So, I can't basically say what
the Advisory Board's position would be on the $2,000,000 had they been
property notified that Miami Capital was requesting $2,000,000. My personal
opinion, Mr. Mayor, is that I think that it is going to be highly impossible
for Dr. Anderson and his staff to give quality of service that is necessary
to try and upgrade businesses primarily in many of the disadvantaged areas
on $1,200,000. After a conference I had yesterday with Charlotte Galogly, I
was of the opinion that right now they have two or three projects that are
basically right at a million dollars, which would basically leave only
113 APR 6 1983
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$2,000,000 left to loan to small businesses throughout the target areas. I
think that if we are going to be serious about economic development, primarily
in these disadvantaged areas, that we have got to make available the kind of
resources that are necessary so that we can seek some type of change in those
communities.
Mr. Carollo: Henry, how much is the Adminstration recommending cutting back?
Mr. Gibbons: They are recommending cutting back $800,000.
Mr'. Carolto: $800,000. Where is that $800,000 coming from? Have they
specified from where?
Ms. Spillman: Excuse me. I want to correct something. We are not cutting ,
them back at all. The City received a special grant from the Economic Develop-
ment Administration. It was for $2,000,000. That was not C. D. money. This
is the first time Community Development in the City has directly funded Miami
Capital, so it is not a cut back from our point of view. It is $1,200,000
that they never got from us.
Mr. Gary: Right.
Mr. Gibbons: I think it is a reduction in their request. They are requesting
$2,000,000 and the staff of C. D. is recommending $1,200,000.
Mr. Carollo: There again, whom are you recommending that it be deducted from.
I heard somewhere different names of groups that you had mentioned there would
be some cutbacks from.
Ms. Spillman: Your funding doesn't result in a cutback for anybody. We are
not taking that money from anybody.
Mr. Carollo: Well, do we have the $800,000 from that?
Ms. Spillman: No, we do not.
Mr. Gary: Are you talking about the additional money from Miami Capital?
Mr. Carollo: What I am saying is this, that Henry says that you will cut him
back $800,000, is that correct?
Mr. Gibbons: I am saying that they are cutting $800,000 from the request of
Miami Capital.
Mr. Carollo: It is a request from Miami Capital.
Mr. Gary: Commissioner Carollo, first of all, what he is trying to say is
that we never gave Miami Capital any money'out of this pot. It was special
right assistance, special start up funds for Miami Capital from a different
source. They never got any money from here. They originally requested
$2,000,000 in new monies that they never got and what is being recommended is
$1,200,000.
Mr. Carollo: So, in essence, Henry, what are you asking for?
Mr. Gibbons: I am asking that you give them their request for $2,000,000.
Mr. Carollo: $2,000,000?
Mr. Gibbons: Right.
Mr. Carollo: Why can't we give them their request for $2,000,000?
Mr. Gary: Where are you going to take it from? That will cut some of these
social service programs and some other things that people are going to be
crying for an hour after - feed the hungry, housing, and...
Mr. Gibbons: Can't we take it out of the Discretionary fund?
Ms. Spillman: There is no Discretionary fund. It is called a Contingency.
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Mr. Gary: Yes, but the thing is, we start - if I can, Mr. Gibbons - a lot of
these programs were approved by the community two or three years ago. Also, we
all know what inflation has done to money. Now, we started some projects, as
an example - if we started a street paving project, and we had planned for half
of it the first year and the second half the second year, you will find that
the cost has gone up. That contingency is to cover those cost overruns for
those Public Works projects, that if you don't have that money, you are going
to.have piecemeal types of completion projects.
Ms. Spillman: If I could give some examples, Commissioner. We were able to
help the- M.L.K. Association purchase the Lincoln Square Building with '
Contingency funds and we also were able to form the Two twenty four Co-op in
Overtown with the use of Contingency funds and this is very critical that we
have the ability to do this during the year. Most of the time when you recom-
mend projects to us, the source of funding is contingency.
Mr. Gibbons: Mr. Mayor, my point is still is this, is that had this matter
been brought before that Board, listing the request of Miami Capital and the
recommendations of Staff, I think that the entire Board would have had an
opportunity to discuss this matter. Maybe I would not be here saying that
Miami Capital needs $2,000,000. I might be basically stating the desires and
the wishes of that Board, but I am caught at odds when I find out that the
organization that is to be funded is requesting from Community Development
$2,000,000, and the only thing I see is Staff recommendations.
Mr. Carollo: The bottom line as I see it is that Number one, this Commission's
main responsibility is to feed people. Number two, our other vital service
that our community and people need, so I think that it would be wise for the
Administration to cut from the fund some other area, but not from the programs
that are going to be affected by these cutbacks. I don't care where you get
it from in other areas, Dena, but not from here. It is the best program
that this City has - the ones that provide the most service, most vital -ser-
vice are the ones that I am seeing are going to be the ones being cut back!
Ms. Spillman: I am not sure I understand which ones you mean - the food
programs and the...
Mr. Carollo: Well, I see them out there, Dena, and you do too.
Ms. Spillman: Oh, I understand.
Mr. Gibbons: Now, at no time are we saying to cut any of these programs to
give the additional $800,000. I am not saying that.
Mr. Dawkins: Mr. Gibbons, do I hear you saying, and I want to be sure that
I am hearing correctly that the Board sat down and came up with priorities
and Staff came up with priorities and that the Board never got Staff's
priorties, not did Staff react to the Board's priorities?
Mr. Gibbons: No, sir, I am not saying that.
Mr. Dawkins: Okay, what are you saying then?
Mr. Gibbons: I am saying that this is one instance where we were not knowledge-
able of the request of Miami Capital. The only area we are knowledgeable of
is the request of the recommendation of Staff. That is the only area that I
see that is............
Mr. Dawkins: So, then the Board is in concurrence with all of the other
recommendations of Staff?
Mr. Gibbons: No, sir, the Board is not in concurrence with all of the recom-
mendations of Staff. Now, the Board passed on the city-wide recommendation of
Staff by a vote of I think, ten to seven....
Mr. Gary: Commissioner Dawkins...
Mr. Gibbons: .... which included this recommendation here, sir.
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APR 6 1983
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Mr. Gary: Okay, he said the Board the approved which you have before you,
which is $1,200,000. He is speaking as an individual now, and not as the
Board.
Mr. Gibbons: That is not exactly what I am saying, Mr. Manager. What I am
saying is the Board did approve the $1,200,000, but the Board was not know-
ledgeable of Miami Capital's request for $2,000,000. That is what I am
saying.
Mr. Garyi— I understand that, but the Board approved $1,200,000.
Mr. Gibbons: Okay, I am not going to argue about it. What I am saying is,
the Board approved only what was before them. The Board did not know that
Miami Capital was requesting $2,000,000. That is what I am saying!
Mr. Gary: Well now, if they are requesting $2,000,000, you want to give
them $800,000? Where are you going to get it from? Where are the programs
you are going to reduce?
Mr. Gibbons: That is my...I made that clear that that was a personal concern.
I also stated that had the Board been properly informed that Miami Capital was
requesting $2,000,000, I don't know exactly what their position would have
been.
Mr. Gary: Okay, this is the only complaint that you have throughout this
whole process?
Mr. Gibbons: This is the only complaint I have on this particular item, yes.
Mr. Dawkins: Okay, Mrs. Bentley, to replace the meals for ..... Yes Ma'am, I am
sorry, come right up. Come on up, Mrs. Bentley. Mr. Gibbons, would you let
Mrs. Bentley have the mike, please?
Mrs. Helen Bentley: My name is Helen Bentley. I reside at 3621 Franklin
Avenue in Coconut Grove. I am representing the Coconut Grove Family Clinic,
and maybe I did not hear too well when Ms. Spillman was giving her recommenda-
tions. I have a letter here before me dated March 29, 1983, written to Caleb
Davis, who is the Executive Director for Coconut Grove Family Clinic. In her
last statement, she was saying "Dear Mr. Davis, please to advised that the
Staff will be making its Community Development funding recommendations for
the Ninth Year to the City Commission at a Public Hearing April 6, 1983, at
City Hall, Dinner Key. This hearing will provide an opportunity for the
public to comment on Staff's recommendations. Staff has recommended that
your agency, Coconut Grove Family Clinic, received $34,422 for the Ninth Year.
Sincerely, Dena Spillman, Director". I heard her read the agencies that were
not being funded, and then I thought I heard her recommendations for funding,
and I didn't hear Coconut Grove then, either, and I would just like to get
clarification.
Ms. Spillman: Coconut Grove is recommended for funding at the same level as
last year.
Mrs. Bentley: Thank you.
Mr. Dawkins: Okay, what amount ... do you want to talk, Uncle Charlie? Go
ahead, sir. Okay, just let me ask... go right ahead, Uncle Charlie. I can
wait, because I am want to leave at 9:00 o'clock anyway. All right, sir.
Mr. Charles Hadley: I am here pleading with you, not for a favor, but for
the unforgotten people. I mean the senior citizens of wade County. I am
not talking about just one group. I am talking about all the ethnic groups,
all the . I am surprised to see a beautiful lady here stand before
you and with the number of people out here.
Mayor Ferre: Hey, why don't...
Mr. Hadley: And let me finish, Mayor. You have been talking all afternoon.
We are not here begging. We are here pleading for justice. We don't want you
people to do the same thing to us as they did in Washington, D. C. with Mr.
Reagan. You cut us already! You get these grants and these grants are big
grants. I just want to fight with you this afternoon and when I come in here,
you are kicking me in the face. I fought for Overtown Development, for the
all Black police station... (UNINTELLIGIBLE - OFF MICROPHONE)...but I a not
116 XPR 61933
here for that. I am here talking about hungry people, hungry people. We need
your help. You are spending money - millions and millions of dollars by grant.
You have got a lot of good people on your team, but a lot them are cutting
your damn throat, and mine too. I don't want you cutting all these senior
citizens that you see here. We are pleading with you, Mr. Mayorand the
Commissioners, call him. Call him. Call Perez in now. We need his
vote.
Mayor Ferre: Can't call him in now.
Mr. Hadley.: We don't need you :o sit up here and up here that
this lady tell you that people are not hungry. You know yourself...
(UNINTELLIGIBLE) ... We don't live on gold Brickell Avenue. (UNINTELLIGIBLE)...`
one meal a day, this is all we are getting now. You mean to tell me...
(UNINTELLIGIBLE - OFF MICROPHONE)
NOTE FOR THE RECORD: Mr. Hadley continues statement in support of social
services for senior citizens.
Mr. Gary: What program are you here on, Mr. Hadley?
Mr. Hadley: (UNINTELLIGIBLE - OFF MIKE)
Mr. Gary: Mr. Hadley, I need to understand what program you are here on so
we can direct the Commission to the appropriate sheet.
Mr. Dawkins: Uncle Charlie, let me do it this way. All the groups that were
cut, will you stand? Everybody who was cut, stand. All right. All right,
tell me how much you were cut.
NOTE FOR THE RECORD: Mr. Charlie Hadley makes an appeal for food programs
for senior citizens. However, he addressed the City Commission and the
public directly, without the help of the public address microphones.
Mr. Gibbons: Mr. Dawkins, may I say something, please? At the meeting that
we had, at the Advisory Board meeting, the representatives from those areas
were present, and they gave their recommendations at that time, which are
listed in the pamphlet that you had, and at that time - for example, if you
wanted to go to Coconut Grove...
Mr. Dawkins: I have a problem with $225,000. I have no problem with recom-
mending that this $225,000 comes from the money that you are recommending to
Capital Development and go to feed these hungry people.
Ms. Spillman: Commissioner and Mayor, please explain something. Let me tell
you the agencies that were cut and how much. - JESCA, $25,000; Little Havana
Activities...
Mr. Dawkins: All I am saying is my recommendation - now it doesn't have to
pass, but this is my recommendation - that you cut $225,000 from what you
want to give Capital Development...
Mr. Carollo: Dena, would you go down that list?
Ms. Spillman: JESCA was $25,000. I have to make a preface to this. We are
not recommending that any program receive additional funds, nor that new pro-
grams be funded. If you recall, we have a cap by the Federal Government on
the amount of C. D. money we can use for social service programs, so we don't
have leeway in this. We could restore the programs that we are recommending
to be cut. JESCA was $25,000, which is a food program. The Rafael Villa-
verde Activities and Nutrition Center, with $25,000, is also food, and the
only other one that is left is the residential homemakers in Little Havana,
which I want to stress is a Dade County program.
Mayor Ferre: Is that food?
Ms. Spillman: It is a service for the elderly. It is a Dade County program.
Dade County staff operate it. They have never gone to Dade County to ask for
funding.
Mayor Ferre: Let me...
lAbad
it
Id APR 61983
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, Mr. Dawkins: I have a problem!
Mayor Ferre: Wait, we have to go one by one, and as far as I am concerned,
Uncle Charlie pursuaded me, even though he talked a little bit too long,
but other than his length of talking, (he scared me a little bit for a moment
when he started wavering) but, as far as hot meals are concerned, you get my
vote on food, all right? Now, on the other issues, we have got to talk about
it. Yes, sir?
Mr. Gibbons: Mr. Mayor, at the Advisory Beard meeting, it was the consensus
of the Board that they too were very concerned about discontinuing of services
to the elderly. The Little Havana situation, I personally spoke to the repre-
sentatives from Little Havana, Mr. Marina and Mr. Padreja, prior to our Board
meeting. They too, were in agreement that $103,000 should be ... Little Havana,
that program should be funded at $103,000. Now, Staff indicated that that
was a County function, not a function of the City of Miami, but the position
at that time was that we still should go ahead and fund them and at the same
time, follow the channels that Ms. Spillman had mentioned about going to the
County process through the Manager's office to try and get Metropolitan Dade
County to pick up that program.
Mayor Ferre: Well, I might say that I was the author last year in helping
these people out. We did it on the condition that it was a County program,
and that Dade County really had the responsibility of funding it. We were
willing to help for a year and I am not too sure that this City can afford to
continue on that, but that is something that I am willing to listen to. Henry,
I think we have got some people... Archie, you ar back here, and I saw Clyde
somewhere around here. Mr. Hardwick, I am talking to you. Do you, Archie and
Josefina and I think you are the only two food programs. As far as I am con-
cerned, my vote is there. I can only speak for myself, to put in the money
for the hot meals, okay? Now, absent that, I am willing to listen to other
programs that are requesting funding that have been cut out, but to me,.hot
meals take priority. Okay now, Henry, can we... are you concluded?
Mr. Gibbons: No, sir.
Mayor Ferre: Okay, go ahead.
Mr. Gibbons: I am getting somewhat confused now, because what happened, Mr.
Mayor, at the Board meeting, we took each of the target areas - area by area,
and we listed the Staff's recommendations to the right of the paper and in
the center are the recommendations of the City-wide Board, and I thought that
we were going to take the area by area, so that if any of the individuals
from the target areas wish to address any of the issues that were affecting
their areas, they could do it that way, because if it is not done in that
fashion, many of the folks here are going to get confused because they don't
know the issues that are affecting their areas that have been taken out of
the budget.
Mayor Ferre: Henry, I will tell you, in the interest of time, because it is
now 7:30 P.M. and this Commission is breaking up in an hour and one-half from
now and we have an awful lot of work to do ... all right, how many people want
to address the Commission this evening? Eufala...(AT THIS POINT, Mayor Ferre
counts speakers)... five.
Mr. Plummer: Roy Kenzie.
Mayor Ferre: Roy Kenzie, what, are you on social programs now?
Mr. Plummer: No, Roy is hungry.
Mayor Ferre: Are you here for hot meals, Roy? All right, we have got seven
people here - eight. Henry, I would be very grateful if you would kind of
go through it rather quickly and conclude. Let these eight people talk and
then I will come back to you and let you wrap it up.
Mr. Gibbons: I would gladly do so, sir. I have no problems with that.
Mayor Ferre: Okay.
Mr. Plummer: Well, you know, Mr. Mayor, I want to tell you something, and I
hate to sound political, but as you well know, for thirteen years I have been
saying what Uncle Charlie is saying.
1�$ APR 61983
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Mayor Ferre: Hot meals!
Mr. Plummer: You know, feed the hungry, treat the sick and anything left over,
we will talk about. Now, I have been saying that for a long time, and I want
to tell you, I haven't changed and I am telling you where I am at.
Mayor Ferre: I am with you.
Mr. Dawkins: The -whole Commission is with you.
Mr. Plummer: No, no. I am talking about hot meals. Let me tell you something
In this man's estimation, there isn't a meaner man in the world than a man with
an empty stomach. God only knows what he will do.
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mr. Plummer: Well, you know Archie Hardwick has got a three piece suit only
because he is a good pall bearer. (Laughter)
Mayor Ferre: All right, I will tell you what. Why don't we start, is it
all right with you, J. L., if we start right over here? Very quickly.
Mr. Plummer: Mr. Mayor, the only question I have is, are we going to resolve
this issue tonight, or are we spinning our wheels.
Mayor Ferre: I hope we do - I am ready to vote on it tonight.
Mr. Plummer: Okay.
Mayor Ferre: Go ahead.
Mr. Victor Larger: For the record, my name is Victor Larger, and I live at
4421 S. W. 3rd Street, City of Miami. I am here in behalf Residential Home-
makers Services. I am very sorry to hear that the reason that I am being
cut is because you are City and I am County. Our responsibility are the
citizens of this community, regardless of whether they are County, or
regardless of whether they are citizens of the City. Most of our services
will go to serve citizens of this City - more than half, and here you are
telling me that the only reason...I heard it said that we are an effective
and an efficient program. I heard it said that we provide a needed service,
and the only thing that puzzles me is the fact that we cannot operate together
at a time where other Federal funds are being cut for elderly individuals. I
don't know if you know the service that we provide. I suggest that you go to
see some of our clients and then make a decision.
Ms. Spillman: You are county...
Mr. Larger: We also feed, by the way - we (also give meals. It is a primary
service that we provide.
Ms. Spillman: Mr. Mayor and Commissioners, I think it is important that you
understand the way that this is operating. It is very important. This man
is a County employee. I do not know one employee in the City of Miami that
the County funds. Maybe they exist, but I don't know of them.
Mr. Larger: These are...
Ms. Spillman: Excuse me, this program operates throughout the City of Miami,
funded by the County. The only place they won't fund it, for whatever reason,
is Little Havana. It is a County program and a County responsibility. They
have not funded it in the past because we have always been here to fund it.
I am sorry - I agree it is a good service; the County deserves to provide ser-
vices in the City, We pay taxes to the County.
Mr. Larger: I submit to you that you investigate as to why we are not receiving
Community Development Funds from the County. We have applied twice, and we
have been denied twice of those funds.
Ms. Spillman: You are a County employee.
Mr. Larger: But there is a process, and I feel, as you know, you have to honor
that process.
119 APR 61983
4
Mayor Ferre: Okay, Victor, we need to let other people talk and then we will
come back to you when we get to the discussion phase, all right, Eufala.
Ms. tufala Frazier: Thank you. I am EufalaFrazier, the Tenant Educational
Association of Miami. What I am here today is to ask the Commissioners,
we one of the organizations that has been in this community, has been the gut
of this community in housing, and we have been there when this community
needed us with crisis with houses. We have been recommending that our money
be restored back -at the level that it was. I am here to ask that the Commission
grant ug-t'he amount'of money that the Board recommended, because $23,000 is
nothing b-qt a failure. We cannot operate, we cannot run an organization for
$23,000.. To give us $23,000 again and tell us that we have to meet the ex-
pectations of the City, the expectations of the community that you serve and
do what is there is nothing but a failure, and I am asking the Commission for
the benefit of the disadvantaged residents, renters and homeowners in this
City, or our Model.City to fund us at a level that we can function and give
the community the service that we can afford.
Mayor Ferre: All right. Go ahead, Mr. Mendez.
Mr. Jose Mendez: For the record, my name is Jose Mendez and I am the director
of the Wynwood Economic Development Program. Unfortunately, some time ago,
when I was in the hospital, I was notified that my program was being recom-
mended for discontinuance for two items - that I was not able to organize
the Chamber of Commerce in the Wynwood area and that I was not able to raise
$6,250. I wanted to show - unfortunately, I don't have copies of the Charter
of the incorporation of the Biscayne-Wynwood Chamber of Commerce. I was asked
to raise $6,250, and out of the greatness of God, we were able to bring into
this community $100,000. I feel that I have fulfilled both of the commitments
that were in the contract, so I would like Ms. Galogly, Ms. Spillman, somebody
to tell me what the hell is it that I have done wrong - that they have found
wrong in this contract.
Mayor Ferre: All right, Mr. Mendez, how much exactly is it that you are ask-
ing for?
Mr. Mendez: I am asking for equal opportunity - whatever everybody else is
getting.
Mayor Ferre: For Wynwood.
Mr. Mendez: Yes.
Mayor Ferre: Now, as I recall, the way we left it, we were going to put
together, the Manager, Wynwood and Allapattah... we were talking about concern
of the unity thing there, right? No? I thought we were!
Mr. Plummer: Unity just split apart. Mr. Mayor, can I make a suggestion?
We are not going to resolve this thing tonight.
Mayor Ferre: The heck we are not! Why not?
Mr. Plummer: You got too much. Look, after you hear all of these people and
you make your recommendations, they still have to go back and juggle these
figures.
Mayor Ferre: Sure.
Mr. Mendez: I would like for Reverend Matthews to finish part of my presentation.
Mayor Ferre: All right, Reverend, quickly.
Reverend Stan Matthews: Mr. Mayor and Commissioners, my name is The Reverend
Stan Matthews. I am the new executive director of the Biscayne Wynwood Chamber
of Commerce and has been my experience in working in this neighborhood that Jose
Mendez enjoys a very broad.support among the residents of this community and
also has done an excellent job with the smaller Mercados Latinos and now with
the creation of the new Biscayne Wynwood Chamber of Commerce, enjoys the new
support from the Anglos in middle sized and larger businesses on Biscayne and...
Mayor Ferre: Howard, I want you to listen to this. Mendez is
You notice what he has done? He gotten support from the Anglo
Biscayne Boulevard and the Reverend... what church are you with,
120
doing all right.
community on
Reverend?
APR 61983
Id
10
Rev. Matthews: I am Holistic and Inter -faith Mission in that area, so we
some Catholics working and a new Chamber of Commerce which was chartered on
the 5th....
Mayor Ferre: And this is a new Chamber of Commerce?
Rev. Matthews:.... that has the backing of very substantial businesses -
most of the major -businesses on Biscayne, on North Miami, on 29th Street, on
36th Street, and you have in your hands our first newsletter, so Jose Mendez
is coming -on.
Mr. Plummer: So, Reverend, what would you expect from a man that wears a
three-piece guayabera! (Laughter)
Rev. Matthews: I would just like to suggest that it doesn't make much sense
to create a new C.B.O. when he already has broad grass roots support and he
now has a Biscayne Wynwood Chamber of Commerce broadly representative of the
community, which is ready to work right along side with him. If I can take
one minute longer, I would like to indicate that we are prepared now to work
with the City on the new job skills program to set up a model job training
program working in the Garment District. Mr. Mayor, can I keep you with me
for just a minute? Mr. Mayor?
Mayor Ferre: Yes, sir.
Rev. Matthews: I just have one minute longer, and that is, that we have pre-
pared to set up a new job training program that will be a model. We will be
working in the Garment District right along side of Federico Fernandas''new
Garment District development. We will help upgrade the buildings in the
older Garment District along side of your new Garment District development,
which is allocated $450,000 for. We are recruiting and training people
throughout the neighborhood in its program of upgrading of the structural
neighborhood, and so we would also like to raise the question that Jose
Mendez has - why discontinue his u.ts.C. Thank you.
Mayor Ferre: All right, thank you.
Mr. Gary: Mr. Mayor, I would assume that people are making comments that
you may want us to respond to the adequacy of those comments.
Mayor Ferre: I want to tell you, Mr. Manager, I..am very impressed with the
Reverend's enthusiasm and presentation....
Mr. Gary: I am too.
Mayor Ferre:.... and the fact that he has the kind of money that I think
he has put together and the kind of support...
Mr. Gary: He will fund Jose.
Mayor Ferre: Well, there might be something to that! But I think we have a
fiduciary responsibility to the Wynwood community in this operation to either
directly, indirectly, as a unity thing with Allapattah, or with the Biscayne - we are
going to be doing some funding, okay?
Mr. Gary: That is fine, Mr. Mayor, but I think...
Mayor Ferre: I just hope that we do it intelligently and we do it the best
we can.
Mr. Gary: I am going to leave it alone.
Mayor Ferre: What?
Mr. Gary: I've already spoken in a memo. I am going to leave it alone.
Don't ask me nothing about Jose Mendez.
Mayor Ferre: Okay. All right, next speaker?
Do you want more?
ld 121
You have already got yours!
APR 6 1983
4 0
Mr. Plummer: No, no. Archie, have you got yours?
Mayor Ferre: Yes!
Mr. Gary: Yes, you got yours.
Mr. Plummer: Well,. I haven't either. Archie, you have got the $30,000 re-
instated? "
Ms. Spillman: $25,000.
Mayor Ferre: $25,000. She has got $25,000. Next speaker, please. Are there
any other speakers?
Mr. Mariano Cruz: My name is Mariano Cruz, I live at 1227 N. W. 26th Street
in Allapattah. I am the elected representative of the Allapattah area to
the community wide Advisory Board.
Mr. Plummer: They are all doing it, that is why I am saying.
Mr. Cruz: We didn't vote really in the Advisory Board, but the recommendations
of by target area, I mean we vote on for the City-wide and I have to tell you
our recommendations for Allapattah because the Staff got some recommendations
where I would like to add to them, because anyway you are the City Commission.
You are there to represent us taxpayers in Allapattah, voters or no voters,
because many of them could not be here today. They are working overtime, or
whatever just to be able to live, exist. I took off time from my work to be
here, so it costs me money, but I wanted to make sure to be here. One thing,
now, on the social programs, the City Staff is recommending $139,800. That is
the same level of funding as last year. We are recommending according to a
study we have done,'we are the only social program in Allapattah, the only.
There is no youth program in Allapattah; there is no jobs program. All of
these you see in other areas ... only one, the elderly program -the hot meal
program. At this time, for the last three months, they cut fifteen meals from
the program - fifteen meals that was coming from the Little Havana Activity
Center that was supplying us and they supply us with one hundred ninety dinners,
now it is one hundred seventy five dinners. They say they don't have the money,
but they cut us fifteen meals a day from that, so when Mr. Hadley was talking
about hungry people, people are being turned down every day on account of they
don't have the meals - about fifty people every day they go home - no meals.
Also, the people on the waiting list - now they just opened a new section of
the building there. There are about three hundred elderly people in the
building. There is no sense in having anything, because we don't have the
funds for those people there....(UNINTELLIGIBLE).•..because there is no money.
So, on top of that $139,000, we are askinglat least about $50,000 for Allapattah
for the social programs and another thing that I have here - hot meals, the
hot meals program.
Mayor Ferre: Hot meals.
Mr. Cruz: Yes, sir, and remember, Mr. Mayor, that is the only social program
that we have in Allapattah, as area that has more than 43,000 people, according
to the last census. Not only that, it was impacted heavily by the Mariel
refugees. It was good I could serve on the City-wide Advisory Board, because
I have seen what the other areas have been getting through the year - a lot
more than Allapattah. I tell you, it is good to know that many people, like
Mr. Castillo from the area (he is a senior citizen) he gives his time also.
We don't live some other place and work in Allapattah. We live there in
Allapattah and we walk the streets and we are also the community. And one thing
that is important - they are talking about the Community Development doesn't
have the money on account of the cap they have for the social programs. I
understand the City of Miami has the revenue -sharing program. Revenue sharing -
the City has a leeway to give the money to whoever they desire by revenue shar-
ing? You give the money, and most of the money I understand, is going to
police and fire and all of that. If it is Community Development money, I do
not mean to be used for social programs. They can get some more of that revenue
sharing money and use it for social programs, because you have the power to
use revenue sharing money as you like it. We don't care that the money comes
from revenue sharing or Community Development or whatever, as long as we are
able to feed the people there. That is it! Thank you.
Id .22.1 APR 6 t983
4 0
Mayor Ferre: All right, Josefina, how much does it cost for fifteen meals for
a year?
Ms. Josefina Carbonel: Fifteen meals per...?
Mayor Ferre: He said fifteen, didn't he?
Mr. Plummer: It -is $1.65 a meal.
Mayor Ferre: (COMMENTS IN SPANISH) ... because I got mixed up. Fifteen?
That is not a big deal.
Ms. Carbonel: For instance, $25,000 serves an average of sixty meals per day,
which is about for the whole year, which is about, for the whole year
so that is approximately, it would be...
Mayor Ferre: So, they are asking for $50,000, which I think is a little high,
but if we were to give them $25,000...
Ms. Carbonel: S50,000, sir, is about i hundred...
Mayor Ferre: If we were to give you $25,000, you could feed sixty more people.
Ms. Carbonel: That is right. Every $25,000 is sixty more people.
Mayor Ferre: All right, who is next?
Mr. Octavio Blanco: Mr. Mayor, most of the people from the Little Havana
area left already. They told me what they want is very simple. The only
thing that we ask for and the chairman was trying to tell you, is that Little
Havana recommends all the groups on there, 10% on every program.
Mayor Ferre: 10% what?
Mr. Blanco: 10% increase in every program.
Mayor Ferre: We don't have the money, Blanco.
Mr. Blanco: We know. We just ... I hear today when you say how much the City
Manager needed the 10% increase. We do need the 10% increase too, Mr. Mayor.
Mayor Ferre: We do not have the money to go 10% increase for $10,000,000
worth of programs. 10% would be another $1,000,000. We just don't have it.
Mr. Blanco: That is not another $1,000,000.
Mayor Ferre: Well, how much is it? $800,000?
Mr. Blanco: No, sir.
Mayor Ferre: We are paying $10,000,000. A 10% increase - forget the Adminis-
tration's...
Mr. Blanco: No, Mr. Mayor. I am talking about Little Havana.
Mayor Ferre: Yes, but...
Mr. Blanco: Little Havana is only getting... it is right here. I think it is
coming to...
Mayor Ferre: How much is Little Havana getting?
Mr. Blanco: $407,000.00
Mayor Ferre: Well, we will discuss it in a little while.
Mr. Blanco: I just wanted to tell you what everybody said, and the chairman
can testify to that.
ld
123 APR 61983
4
Mayor Ferre: All right now, who is the next speaker? Now, weren't you going
to speak, Mr. Kenzie? Is there anybody else who wants to speak? Mr. Hardwick
has already got his, Uncle Charlie. Leave him alone.
Mr. Roy Kenzie: For the record, my name is Roy Kenzie; I am Executive Director
of the Downtown Development Authority. I am here tonight, speaking on behalf
of the Downtown Miami Business Association, and I am on the Board of Directors
of that organization. Willy Gort is not here, so I will be speaking for him
-. tonight. The association has made a request in C.D. funding for funding for
a management study for downtown. The request at that time was for $50,000,
which was to be matched by the merchants and business people downtown to under-
take a study, and to also provide physical improvements to improve the business
envornment, image and security and other aspects of the downtown area. Recently
the business community met with Commissioners to talk about the problems of
Flagler Street and 60% of the business in that area have been generated in the
past by Latin Amerizan tourists. They are now in the process of having to
turn that area arov.nd and adapt themselves to new markets and new market
functions, and the management study is an outgrowth of the work which was done
earlier on Flagler Street, and is the next step in moving forward in trying to
improve the street itself. Instead of asking for $50,000, as was the original
request to be matched by the business community. This business community is
asking the Commission to consider a $35,000 and the business community will
raise a match and go beyond that match, since we will have to also get in-
volved in promotions and other activities, so that request is made to you in
addition to the funding of downtown programs.
Mayor Ferre: Okay, thank you. Dena, do you have any response, other than
the hot meals come first?
Mr. Gary: Hot meals come first and probably something the D.D.A. should be funding.
Mayor Ferre: D.D.A. should be funded. All right now, Henry, we are ready to
wind it up now. Are there any other speakers? Victor, do you want to say some-
thing? Thirty seconds? Go ahead.
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
- Mayor Ferre: No, because after you finish, that is it. Then Henry winds it
up, and then the Commission is going to deal with it.
Mr. Larger: Just a comment on the statement made by Ms. Spillman. We do have
County funds directed to Little Havana, and I would submit the position papers.
Mayor Ferre: And a lot of County funds.
Mr. Larger: That is right - not just in Little Havana, to the City of Miami.
Mayor Ferre: Oh yes. You know, Victor, the reason why you have a lot of
County funds is because 23% of County is in the City of Miami. See, so
they have got...
Mr. Larger: 25%.
Mayor Ferre: 25%, so they have a fudiciary responsibility to the taxpapers
and the residents of Miami, because a resident of Miami is also a resident of
Dade County.
Mr. Larger: We do recognize the need.
Mayor Ferre: Yes, and so do we, and we also recognize the merit. The problem
is it is a relationship between these different governments. The problem is
that we end up funding a lot more of the County's social functions than they
ever end up funding ours. We would never get any moneyt The City programs -
I can think of very few, if any programs, City programs that the County ever
funds. It just doesn't happen! We are continually...
Mr. Larger: We do in the Department of Human Resources.
Mayor Ferre: No, you are funding County programs that function within the
City of Miami. That is not the same thing. I am talking about a City of
Miami givernment. See, you are County government and you are getting County
124
ld
.APR 61983
4 *
funds and you want City funds. What I am telling you is, I don't know of any
City program that is funded by County monies. I don't know of any.
Mr. Larger: There is a process for Community Development.
Mayor Ferre: They always say no.
Ms. Spillman: Yes, but were you at the hearing on... did you go to the hearing
and ask for money?
Mr. Larger: No, Ma'am, for last year?
Ms. Spillman: I rest my case, Mayor. '
Mr. Larger: I am sorry...
Mavor Ferre: I know he is a County employee, but I mean....
Mr. Larger: I am also a citizen of the City.
Mayor Ferre: .... he is also a citizen of Miami. He is trying to get money
from the City of ?iiami. The problem is that...
Ms. Spillman: He didn't even ask the County for money.
Mayor Ferre: I heard, Dena, but the problem is, how can you find any sym-
pathy here when you didn't go before your own bosses and ask for money there?
Mr. Larger: I didn't hear you - I'm sorry.
Mayor Ferre: Did you go to the County hearing? The County has to go through
the same process.
Mr. Larger: We have just gone through a County budget right now.
Mayor Ferre: Did you stand up and ask for money from the County?
Mr. Larger: And we asked - of course.
Mayor Ferre: And what happened?
Mr. Larger: F.R.S. money from the County.
Mayor Ferre: And what happened?
Mr. Larger: Are we referring to County Community Development funds or County
funds?
Mayor Ferre: Any kind of funds! 1
Mr. Larger: We do receive County funds and those County funds go in their
majority to serve the citizens of this City.
Ms. Spillman: Not to Little Havana.
Mayor Ferre: And citizens of Dade County!
Mr. Larger: Yes, but the majority of the funds will go to serve citizens of
this City.
Mayor Ferre: And citizens of this County!
Mr. Larger: Yes, sir. I agree. I do want to submit to you that when you
make a decision in funding -or not funding a program, that you should look into
a track record, the efficiency of the program, the need of this community, and
I don't think that that is taking place right now. Thank you.
Mayor Ferre: All right now, Henry, let's wind it up.
Mr. Gibbons: Mr. Mayor, one of the concerns that the Board has and at the
last meeting I created a committee and that committee will primarily deal with
economic development. It appears that in all of the target areas, there is a
great concern of the functions of the local development company. I asked
Betty Graham, who serves on the Advisory Board to chair that committee. We
Id 125
APR 61983
are hoping that that committee will be able to bring back to the Staff some
recommendations and a sense of direction for all of the local development
companies that are funded that operate in the target areas. We are not
totally pleased with the level of funding of all of these groups, because
what are you doing here is saying that $37,000 across the Board, which does
not reflect the need for the goals and objectives that are set forth by the
residents of the target areas, so what I am hoping that we will be able to
accomplish through the subcommittee on that is to have each of the L.D.C.'s
working # conjunction with members of the Board and with Ms. Gallogly's
staff, cope up with their goals and objectives, so that we can stop trying to _
be so spread out in our objectives economically and can confine them to cer-
tain areas so that we can have something constructive that has been accomplished
to point to and my meeting of yesterday with Charlotte, she was in somewhat
agreement with that. So, I would hope that the funding for the local develop-
ment companies would have a condition that, say within the next ninety days,
that Staff, in conjunction with the Advisory Board can come back to you with
some goals and objectives that have been worked up with the Advisory Board
people and Staff, so that we can have a new sense of direction for local
development activities throughout the target areas. Thank you.
Mayor Ferre: Thank you. Dena, do you want to respond?
Ms. Spillman: No, I just would like some direction from the Commission on
some various issues.
Mayor Ferre: I will tell you - I can only speak for one person. Mr. Vice -
Mayor, I move you, sir, that the City of Miami Commission go on record with
regard to the hot meal programs that have been talked about in favor of these
hot meal programs; namely, $25,000 for James Scott; $25,000 for the....
Ms. Spillman: Rafael Villaverde.
Mayor Ferre:.... Rafael Villaverde hot meal program; and $25,000 to be applied
to the Allapattah meals program.
Ms. Spillman: I have to stipulate something now that if you add any money to
the social service program, that will only work if you in fact follow our
recommendation and cut the residential homemaker, because we have this cap
and we can't go over it.
Mayor Ferre: I understand. Well, I am only dealing with one issue at a time,
and then...
Mr. Plummer: Well...
Mayor Ferre: Well, I am dealing with that issue first.
Mr. Plummer: Mr. Mayor, I know you are making a motion and I don't want to
interrupt.
Mayor Ferre: I am finished.
Mr. Plummer: Okay, but I think really what I sense you are saying is the same
thing, or at least I hope what I am saying is that Dena take the comments of
this evening, keeping in mind, first and foremost - hot meals.
Mayor Ferre: I am memorializing it. That is all I am doing - formally. Okay,
I read you then. As far as I am concerned, I withdraw my motion on the basis
that that is a concensus. Does anybody object to that? Miller Dawkins? Joe
Carollo? Hot meals for the programs that I have outlined, which is Archie
Hardwick, Josefina, and the Allapattah program.
Mr. Plummer: And I want to include in that...
Mayor Ferre: Plummer, do you object to that?
Mr. Plummer: No, but I want to include the GESU Downtown Community Center
Mayor Ferre: And the GESU Downtown Community Center. All right, now on these
hot meals... don't start pointing fingers now. Hot meals is what I am talking
about - that is all I am talking about right now. Now, are we finished with
that one?
ld 126 APR 61983
11
Mr. Plummer: Is there a second to the motion?
Mayor Ferre: No! No, we don't want a motion.
Mr. Plummer: Oh, you don't want a motion?
Mayor Ferre: You said you don't want a motion! I don't care how you do it...
Mr. Plummer: Oh, fine.
Mayor Ferre: I asked on the record if Miller had any objections and Joe had
any objections, and if you have any objections and nobody here has objections
so you have got four people on the Commission telling you about the hot meals;,
Now, Uncle Charlie, you can go home now. All right now, with regards to
Community Development. These $50,000 C.B.O.'s that we got - Wynwood and
Allapattah that ha a been - now, what are we going to do about that, Mr.
Manager? Let me ask Dena. I'll bring Uncle Charlie back!
Mr. Gary: I think you have already decided what was C.B.O., haven't you?
Mayor Ferre: Have I? On what? That is all?
Mr. Gary: Which one are you talking about now, Allapattah?
Mayor Ferre: Allappattah and Wynwood. We have the problem with both. You
know, we were going to try to merge them together or come up with a solution.
Mr. Gary: Well, you just told me ... are you talking about Allapattah and Wynwood,
or Allapattah?
Mayor Ferre: Both! We have a problem with both places. Now, the Allapattah
thing we were trying to go over to the Merchants' Association an solve it
through that. I was hoping that we could merge Wynwood and Allapattah together.
but...
Mr. Gary: I don't you want to merge Wynwood and Allapattah. I think Wynwood
ought to be separate, and if you can get a C.B.O. in Wynwood that can comply...
Mayor Ferre: Well, we have got the Reverend now and I don't know whether...
Mr. Gary: Mr. Mayor, if you get us one that can comply with the objectives
that are established in the contract, that is all you need to do.
Mayor Ferre: Thank you, sir. Dena? All right now...
Mr. Plummer: See you on the 28th.
Mr. Gary: Now, with regard to Allapattah, you already selected the C.B.O.
The 20th Street...
Mayor Ferre: Who?
Mr. Gary: The 20th Street, today.
Mayor Ferre: I see. Okay. Do we need to talk about anything else with
these C.B.O.'s Dena, then you are going to talk to the Reverend? Anybody
else want to speak up on this issue? Anybody want to talk about the County
programs? Homemakers? All right, any other issues before us at this time?
If not, is there a motion to conclude this hearing with the amendments that
have been recommended?
Mr. Carollo: So moved.
Mr. Plummer: Second.
Mayor Ferre: Further discussion: Call the roll.
THEREUPON, UPON MOTION DULY MOVED AND SECONDED, The Commission unanimous-
ly voted to conclude this hearing with the aforementioned amendments as noted.
127 APR 61983
id
0
Mr. Plummer: This will come back up on the 28th, right?
Mr. Gary: Can you approve on First Reading Number 31?... the Appropriations
ordinance for those funds.
Mayor Ferre: All right, on First Reading, Item Number 31. Plummer moves,
Carollo seconds. Read the ordinance.
AN ORDINANCE ENTITLED-
--AN ORDINANCE .*MENDING SECTION I OF ORDINANCE NO. I OF
ORDINANCE NO. 8719 ADOPTED OCTOBER 26, 1977, THE SUMMARY
GRANT APPROPRIATIONS ORDINANCE, BY ESTABLISHING A NEW
TRUST AND AGENCY FUND, ENTITLED COMMUNITY DEVELOPMENT
BLOCK GRANT (NINTH YEAR); AND APPROPRIATING $10,005,000
FOR THE EXECUTION OF SAME; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND CONTAIN-
ING A SEVERABILITY PROVISION.
Was introduced by Commissioner Plummer and seconded by Commissioner Carollo
and passed on its first reading by title 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.
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 members of the public.
Mayor Ferre: Now, Mr. Blanco, to you and the others that have come before
us at Second Reading, you work through the Chairman, Henry Gibbons and we
will discuss any other —all right? Well, you wanted to be chairman,
didn't you? Now you are going to be chairman.
APR 61983
ld
41. DISCUSSION OF REPAIRS TO P.A.T. PLAYING SURFACE, ORA-IGE BOWL
STADIUM, AUTHORIZING CITY !MANAGER TO ACCEPT GIFT.
Mayor Ferre: All right, Mr. Manager, would you tell us, since it is now 8:10,
would yqq tell_us what areas you want?
Mr. Gary: 'Yes. Mr. Mayor, let's do "D" first, we have an opportunity to get
a donation of $23,000 for the sand injection system at the Orange Bowl playing'
surface.
Mayor Ferre: All right, does anyone want to move that?
Mr. Gary: We need the permission of the Commission to accept this gift.
Mr. Plummer: The only question I had on "D" was we're not going to get any,
problems with the franchise holder, are we?
Mr. Gary: What franchise holder?
Mr. Plummer: Well, there is a provision in there that says that they're
got to have advertising.
Mr. Gary: We don't have one, we don't have a franchise holder.
Mr. Plummer: I'm talking about the franchise of the football.
Mr. Gary: We don't have one.
Mr. Plummer: Come on, Gary. What I'm asking, the question, in consideration
of dollars you're giving them an advertising saying thanks for what they did
for us and it is a commercial advertising. Now, sir..........
Mr. Gary: No, sir, because it is for a donation, it is a donation.
Mr. Plummer: Okay, remember I told you so. He's going to want a piece of
it. He'll want a truck load of sand.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 83-298
A MOTION AUTHORIZING THE CITY MANAGER TO ACCEPT A GIFT
CONCERNING THE PAT PLAYING SURFACE IN THE ORANGE BOWL
STADIUM.
Upon being seconded by Commissioner DAwkins, the motion 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.
rt 129 APR 61983
L]
41
42. CONSENT AGENDA
Mayor Ferre: Before the vote on adopting items included in the Consent
Agenda.is taken, is here anyone present who is an objector or proponent
that wishes to speak on any item in the Consent Agenda? Hearing none, the
vote on the adoption of the Consent Agenda will now be taken.
NOTE: Items 59 and 65 were withdrawn from the Consent Agenda.
The following resolutions, introduced by Commissioner Dawkins and seconded
by Commissioner Plummer were 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.
42.1 BID ACCEPTANCE - SOUTHEAST OFFICE INTERIORS & THOMAS RUFF & CO. TO
FURNISH ROLLING FILES AND BASES FOR DEPT. OF FIRE, RESCUE & INSPECTION
SERVICES. -
RESOLUTION NO. 83-299
A RESOLUTION ACCEPTING THE BIDS OF SOUTHEAST OFFICE INTER-
IORS AT A COST OF $6,627.64 AND OF THOMAS RUFF AND COMPANY
AT A COST OF $3,937.00 FOR FURNISHING A TOTAL OF 97 ROLL
FILES AND 16 FILE BASES TO THE DEPARTMENT OF FIRE, RESCUE
AND INSPECTION SERVICES AT A TOTAL COST OF $10,564.64; AL-
LOCATING FUNDS THEREFOR FROM THE PRIOR YEAR RESERVE FUND;
AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO
ISSUE PURCHASE ORDERS FOR THIS EQUIPMENT.
42.2 BID ACCEPTANCE - AIDCO, INC. TO FURNISH TRANSMISSION TEST BENCH TO
DEPARTMENT OF BUILDING AND VHICLE MAINTENANCE.
RESOLUTION NOL 83-800
A RESOLUTION ACCEPTING THE BID OF AIDCO, INC. FOR FURNISH-
ING ONE TRANSMISSION TEST BENCH TO THE DEPARTMENT OF BUILD-
ING AND VEHICLE MAINTENANCE AT A TOTAL COST OF $6,742.00;
ALLOCATING FUNDS THEREFOR FROM THE 1982-83 OPERATING BUDGET
OF THAT DEPARTMENT; AUTHORIZING THE CITY MANAGER AND THE
PURCHASING AGENT TO ISSUE A PURCHASE ORDER FOR THIS EQUIP-
MENT.
42.3 BID ACCEPTANCE - MOTOROLA, INC. FOR FURNISHING SIX COMMUNICATIONS
BASE STATION REPEATERS TO THE DEPT. OF BUILDING & VEHICLE MAINTENANCE.
RESOLUTION NO. 83-301
A RESOLUTION ACCEPTING THE BID OF MOTOROLA, INC. FOR FUR-
NISHING SIX (6) COMMUNICATIONS BASE STATION REPEATERS TO
THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE AT A
TOTAL COST OF $40,260.00; ALLOCATING FUNDS THEREFOR FROM
THE 1982-83 OPERATING BUDGET OF THAT DEPARTMENT; AUTHORIZ-
ING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE A
PURCHASE ORDER FOR THIS EQUIPMENT.
DO APR 61983
RT
U
42.4 WAIVE REQUIREMENTS & PROHIBITION OF CODE SECTION 2-302 TO PERMIT
BESHEVA WRIGHT TO PARTICIPATE IN HOME RENOVATION & REHABILITATION
PROGRAM.
RESOLUTION NO. 83-302
A RESOLUTION WAIVING THE REQUIREMENTS AND PROHIBITION CON-
TAINED IN CITY CODE SECTION 2-302; BY FINDING, AFTER A DULY
ADVERTISED PUBLIC HEARING, THAT IT IS IN THE BEST INTEREST
OF THE C-ITY TO PERMIT BESHEVA WRIGHT, AN EMPLOYEE OF THE
---HUMAN. RES6URCES DEPARTMENT, TO PARTICIPATE IN THE HOME RENO-
•VATION AND REHABILITATION PROGRAM ADMINISTERED BY SAID _
DEPARTMENT'S HOUSING DIVISION THROUGH THE COMMUNITY DEVELOP-
MENT BLOCK GRANT PROGRAM OF THE U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT.
42.5 CLAIM SETTLEMENT - ROBERT D. VASQUEZ.
RESOLUTION NO. 83-303
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO
ROBERT D. VASQUEZ THE SUM OF $20,000 AND TO EUGENE E.
WILLIAMS, HIS ATTORNEY, THE SUM OF $5,500 FOR STATUTORY
ATTORNEY FEES AND COSTS, IN FULL AND COMPLETE SETTLEMENT
OF ALL WORKERS' COMPENSATION CLAIMS OR DEMANDS AGAINST THE
CITY OF MIAMI UPON EXECUTION OF A RELEASE RELEASING THE CITY
OF MIAMI FROM ALL CLAIMS AND DEMANDS.
42.6 CLAIM SETTLEMENT - EUGENIO L. ARENCIBIA
RESOLUTION NO. 83-304
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO
EUGENIO L. ARENCIBIA AND MARIA ELENA ARENCIBIA, HIS WIFE,
THE SUM OF SIXTEEN THOUSAND DOLLARS ($16,000.00) WITHOUT
THE ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT
OF ALL BODILY INJURY, PERSONAL INJURY PROTECTION LIENS,
WORKER'S COMPENSATION LIENS, CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI AND RAYMOND CASTILLO AND UPON EXECUTION
OF A RELEASE RELEASING THE CITY AND RAYMOND CASTILLO FROM
ALL CLAIMS AND DEMANDS.
42.7 CLAIM SETTLEMENT - EARNEST ANDERSON
RESOLUTION NO. 83-305
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO
EARNEST ANDERSON, THE SUM OF NINE THOUSAND DOLLARS ($9,000.00)
WITHOUT THE ADMISSION OF LIABILITY, IN FULL AND COMPLETE
SETTLEMENT OF ALL BODILY INJURY, PERSONAL INJURY PROTECTION
LIENS, WORKER'S COMPENSATION LIENS, PROPERTY DAMAGE CLAIMS,
CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI AND UPON EXE-
CUTION OF A RELEASE RELEASING THE CITY FROM ALL CLAIMS AND
DEMANDS.
42.8 ORDERING RESOLUTION - ALLAPATTAH INDUSTRIAL AREA HIGHWAY IMPROVEMENT -
PHASE I, H-4485.
RESOLUTION NO. 83-306
A RESOLUTION ORDERING ALLAPATTAH INDUSTRIAL AREA HIGHWAY
IMPROVEMENT - PHASE I, H-4485 AND DESIGNATING THE PROPERTY
AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A POR-
TION OF THE COST THEREOF AS ALLAPATTAH INDUSTRIAL AREA
HIGHWAY IMPROVEMENT DISTRICT - PHASE I, H-4485.
rt 131 APR 61983
j
42.9 BID ACCEPTANCE - RE-GRA CONSTRUCTION CO. - EAST ALLAPATTAH HIGHWAY
IMPROVEMENT.
RESOLUTION NO. 83-307
A RESOLUTION ACCEPTING THE BID OF RE-GRA CONSTRUCTION CO.
IN THE PROPOSED AMOUNT OF $931,407.68 TOTAL BID OF THE
PROPOSAL FOR EAST ALLAPATTAH HIGWAY IMPROVEMENT IN EAST
ALLAPATTAH HIGHWAY IMPROVEMENT DISTRICT H-4481; WITH MON-
IES THEREFOR ALLOCATED FROM THE EAST ALLAPATTAH STREET
—IMPROVEMENTS ACCOUNT IN THE AMOUNT OF $931,407.88 TO COVER
--THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF
$121,083.12 TO COVER THE COST OF PROJECT EXPENSE; ALLOCAT-
ING FROM SAID FUND THE AMOUNT OF $18,628 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.
42.10 PUBLISH NOTICE OF COMPLETED CONSTRUCTION - KIRKLAND SANITARY SEWER
IMPROVEMENT.
RESOLUTION NO. 83-308
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 ROENCA
CORPORATION OF KIRKLAND SANITARY SEWER IMPROVEMENT IN
KIRKLAND SANITARY SEWER IMPROVEMENT DISTRICT SR-5478-C
(CENTERLINE SEWER).
42.11 ACCEPT COMPLETED WORK OF ROMA CONSTRUCTION CO, INC. FOR CITY OF
MIAMI/UNIVERSITY OF MIAPII JAMES L. KNIGHT INTERNATIONAL CENTER -
FINISHES AND MILLWORK PROJECT.
RESOLUTION NO. 83-309
A RESOLUTION ACCEPTING THE COMPLETED WORK OF ROMA CONSTRUC-
TION, INC. AT A TOTAL COST OF $343,490 FOR CITY OF MIAMI/
UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER
FINISHES AND MILLWORK PROJECT; AND AUTHORIZING A FINAL PAY-
MENT OF $8,587.25.
42.12 ACCEPT COMPLETED WORK OF FRANK J. MORAN, INC. - VIRRICK GYM RENOVATIONS.
RESOLUTION NO. 83-310
A RESOLUTION ACCEPTING THE COMPLETED WORK OF FRANK J. MORAN,
INC. AT A TOTAL COST OF $26,910.00 FOR VIRRICK GYM - RENOVA-
TIONS; AND AUTHORIZING A FINAL PA�MENT OF $2,685.60.
42.13 BID ACCEPTANCE - GOLDEN EAGLE ENGINEERING CONTRACTORS, INC. FOR
CENTRAL DRAINAGE PROJECT E-53, BID "A".
RESOLUTION NO. 83-311
A RESOLUTION ACCEPTING THE BID OF GOLDEN EAGLE ENGINEERING
CONTRACTORS, INC. IN THE PROPOSED AMOUNT OF $863,947.00,
BID "A" OF THE PROPOSAL, FOR CENTRAL DRAINAGE PROJECT, E-53,
WITH MONIES THEREFOR ALLOCATED FROM THE LOCAL DRAINAGE
PROJECTS ACCOUNT IN THE AMOUNT OF $863,947.00 TO COVER THE
CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF
$112,313.00 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING
FROM SAID FUND THE AMOUNT OF $17,280.00 TO COVER THE COST
OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND
POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CON-
TRACT WITH SAID FIRM.
132 APR 519a0
rt
fo
42.14 BID ACCEPTANCE - MARKS BROTHERS COMPANY - CENTRAL DRAINAGE PROJECT
E-53 BID "B".
RESOLUTION NO. 83-312
A RESOLUTION ACCEPTING THE BID OF MARKS BROTHERS COMPANY IN
THE PROPOSED AMOUNT OF $67,300.00, BID "B" OF THE PROPOSAL,
FOR CENTRAL DRAINAGE PROJECT, E-53, WITH MONIES THEREFOR
ALLOCATED.FROM THE LOCAL DRAINAGE PROJECTS ACCOUNT IN THE
--AMOUNT OF 467,300.00 TO COVER THE CONTRACT COST; ALLOCATING
"FROM SAID FUND THE AMOUNT OF $8,749.00 TO COVER THE COST OF
PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF
$17,280.00 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.
43. EMERGENCY ORDINANCE: AMENDS ZONING ORDINANCE 9500, PROVIDING
FOR A NEW EFFECTIVE DATE TO JUNE 27, 1983.
Mayor Ferre: I need to make a statement, I need to talk to 12 "A" and 12 "B"
before you make your motion. This is the Zoning Ordinance, is that right?
Mr. Plummer: Yes, sir.
Mayor Ferre: Mr. Manager, there are three major problems with the Zoning
Ordinance, as I recall at the past Commission Meeting. One was the major
use permits, Jim Reid, you'd better listen - page 28-9. Is that right? 'The
second area is the authorization of variations, page 15-4 and the third tech-
nical area which has come up is the LUI tables. What? The LUI Tables. Now,
that I know of those are the three areas of major concern. Now, we need to
make sure that we make some headway on those and my only concern, I think we
need to move, we need to put, Mr. Reid, I guess what I'm saying, and I want
somebody here to disagree with me if they don't agree with this. We need
to put that Zoning Ordinance on the books and then we can improve it, change
it and amend it and pull in the sail or .adjust the sail. Howard, you do some
sailing, you know how that works. So, you know, we can pull the sail in
and adjust it but we need to get going, we need to get moving. So I just
want to put on the record that it is the intention of this Commission not to
postpone, not to delay, we have an awful lot of projects where people are
waiting and I hear that there is a controversy between the ideaology of per-
fecting the mechanism and then putting it into effect and waiting until it
is perfected or putting it into effect and amending it and typing it up.
Now, I am expressing the policy of this Commission, unless somebody dis-
agrees with me is that we are going to put this on the books and then we
need to deal with those three eminent areas which is major use permits,
authorizing of variations and the LUI Tables. Okay? Now, who wants to
move Item 12 "A" then? Plummer moved it, right? J. L., now which one are
we moving, 12 "A" or 12"B"?
Mr. Plummer: 12"A" is what I understood was to be the action of this Commis-
sion.
Mayor Ferre: Well, what is 12"B"?
Mr. Gary: That was the alternative date, one is June 14th, one is June 27th.
Mayor Ferre: Oh, I see. Why are we doing it June 27th?
Mr. Robert Clark: Because it gives us an additional City Commission Meeting,
your honor.
Mayor Ferre: Howard, do you agree with that?
Mr. Gary: Yes, sir.
Mayor Ferre: And the City Attorney agrees with that?
Mr. Clark: Yes, sir.
133
APR 61983
rt
6
4
Mayor Ferre: And Dr. Bartley and all the Departments..... All right, 12 "A"
is moved then by Plummer, seconded by Dawkins. Further discussion? Read 12
"A"
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 9500,
AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY DELAYING THE EFFECTIVE DATE OF SAID ORDIN-
ANCE UNTIL JUNE 27, 1983; PROVIDING FOR CONTINUATION
AND SUBSEQUENT REPEAL OF ORDINANCE NO. 6871; AND CON-
TAINING A REPEALER PROVISION AND A SEVERABILITY CLhUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner Dawkin$,
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.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
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.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9566.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commis-
sion and to the public.
44. DISCUSSION ITEM: PENDING APPOINTNMNTS TO BE MADE.
Mayor Ferre: Mr. Manager, now with regards to the committee we were going
to set up, I would like to have you Chair that committee.
Mr. Gary: Me personally?
Mayor Ferre: You personally, I think it is important. I'll give you an
out - if you cannot chair it whenever you are not available to chair it
then let Garcia -Pedrosa chair it. Those are the two chairmen. You are the
chairman and in your absence then he is the vice-chairman and he could chair
it. I'd like to appoint somebody representing the, I'd like the President
of the AIA....
Mr. Gary: We've taken care of that.
Mayor Ferre: But I want to formalize it. The President of the AIA, the
President of the Latin Builders, the President of the Black Chamber,we
don't need the Cuban Chamber because you've got Latin builders. The black
Chamber and the Greater Miami Chamber of Commerce. I'd like to get an environ-
mentalist but frankly I think we'd may as well use Marilyn Reed, she's here
all the time anyway.
APR f
rt
134
Mayor Ferre: Then we need to get some of these lawyers that represent both
sides. I'd like to get Mr. Brooks, you know, the lawyer that was in the news-
paper, let's get him on it. Dan Paul, Bob Traurig, Al Cardenas, Marty Fine
and Bob McKnight.
Mr. Dawkins: Well, give me a black lawyer.
Mayor Ferre: Well, -give me one, give me one, this is not a closed deal.
Mr. Dawkins: Vince McGee. ,
Mayor Ferre: Vince McGee, all right.
Mr. Gary: I mean this thing will be unwieldly after while, you know?
Mayor Ferre: Half of those people won't show up anyway. All right, anybody
else?
,%r. Dawkins: Terry Percy instead of Vince McGee.
Mayor Ferre: Terry Percy instead of Vince McGee. Okay, that's fine, that's
good. All right, Terry Percy. Now, we've also got the Black Chamber of Com-
merce. Mr. Manager, I think that is more than enough. Any Curtner aiscussionr
45. INCREASE APPROPRIATIONS FOR ENTERPRISE FUND MIAMI MARINA TO
PROVIDE FU17DING FOR NECESSARY REPAIRS AND MAINTENANCE.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTIONS 1 AND 6 OF ORDINANCE
NO. 9502 ADOPTED SEPTEMBER 23, 1982, THE ANNUAL APPROPRIATIONS
ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1983, AS
AMENDED BY INCREASING THE APPROPRIATION FOR THE ENTERPRISE
FUND, MIAMARINA IN THE AMOUNT OF $20,000, AND BY INCREASING
ENTERPRISE FUND REVENUES IN THE SAME AMOUNT FROM FISCAL YEAR
1982 RETAINED EARNINGS FOR THE PURPOSE OF PROVIDING FUNDING
FOR NECESSARY REPAIRS AND MAINTENANCE AT THE MIAMARINA FACIL-
ITY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commissioner Perez,
for adoption as an emergency measure and dispensing with the requirement of
reading same on two separate days, which was agreed to by the following
vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Whereupon the Commission on motion of Commissioner Dawkins and seconded by
Commissioner Perez, adopted said ordinance by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None. ,
ABSENT: Commissioner Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9587.
135
.APR 619$3
rt
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commis-
sion and to the public.
46. RESOLUTION GRANTING A 2% COST OF LIVING SALARY INCREASE
TO THE CITY CLERK.
The following resolution was introduced by Conanissioner Dawkins, who moved
its adoption:
RESOLUTION NO. 83-313
A RESOLUTION GRANTING A 2% COST -OF -LIVING INCREASE TO
CITY CLERK► RALPH G. ONGIE, EFFECTIVE APRIL 1, 1983.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
47. RESOLUTION GRANTING A 2% COST OF LIVING SALARY INCREASE
TO THE CITY ATTOPNEY.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 83-314
A RESOLUTION GRANTING A 2% COST -OF -LIVING INCREASE TO
CITY ATTORNEY, JOSE R. GARCIA-PEDROSA, EFFECTIVE APRIL 1,
1983.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo.
APR 6 1963
rt 136
E
48. SECOND READING ORDINANCE: CHANGING APPROPRIATIONS TO PROVIDE
FOR CITY-WIDE SANITARY SEWER EXTENSION IMPROVEMENTS.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE 9534, ADOPTED
"DnCEMBER 9, 1982, THE CAPITAL IMPROVEMENT APPROPRIATION
.ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1983, BY ,
DECREASING APPROPRIATIONS FOR PROJECT II.B.9., CITYWIDE
PAVING IMPROVEMENTS BY THE AMOUNT OF $84,000; AND BY DE-
CREASING APPROPRIATIONS FOR PROJECT IV.B.4., CITYWIDE SAN-
ITARY SEWER EXTENSIONS IMPROVEMENT BY THE AMOUNT OF $99,900;
AND BY DECREASING APPROPRIATIONS FOR PORJECT V.B.S., LOCAL
DRAINAGE PROJECTS BY THE AMOUNT OF $43,100; AND APPROPRIAT-
ING $227,000 TO ESTABLISH COMPUTER ASSISTED DRAFTING AND
DESIGN SYSTEM AS ITEM IX.C.(i)8, AS A NEW CAPITAL PROJECT;
AND BY ESTABLISHING 1975, 1976 AND 1980 SANITARY SEWER
GENERAL OBLIGATION BOND FUND BALANCE AS A RESOURCE IN THE
CAPITAL IMPROVEMENT FUND, IN THE AMOUNT OF $99,900; CON-
TAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of March 18, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Plummer, 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 Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9588.
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.
rt
137 APR 6 1983
r
49. SECOND READING ORDINANCE: NEW TRUST & AGENCY FUND
"CUBAN/HAITIAN SERVICE DELIVERY WORK PROGRAM".
AN ORDINANCE ENTITLED -
__AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719,
ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT APPROPRIATIONS
ORDINANCE, AS AMENDED; BY ESTABLISHING A NEW TRUST AND
AGENCY FUNC ENTITLED: "CUBAN/HAITIAN SERVICE DELIVERY WORK
PROGRAM", AND APPROPRIATING FUNDS TO BE RECEIVED FROM THE
UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES IN
THE AMOUNT OF $59,052; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of March 18, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Dawkins, 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 Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9589.
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.
50. SECOND READING ORDINANCE.: AUTHORIZE REPAYMENT INTO SOUTHEAST/
OVERTOWN PARK WEST P.EDEVELOPMENT TRUST FUND.
AN ORDINANCE ENTITLED -
AN ORDINANCE OF THE CITY OF MIAMI AUTHORIZING PAYMENT INTO
THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT TRUST FUND;
AUTHORIZING THE CITY OF MIAMI TO TAKE FULL MANAGEMENT RESPON-
SIBILITY FOR THE FUND: AND PROVIDING FOR SEVERABILITY, INCLU-
SION IN THE CODE AND AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of March 18th, 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 Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ASSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9590.
rt
APR 6 1963
0
b
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.
51. SECOND READING ORDINANCE: APPROPRIATE $50,000 TO MIAMI CABLE
ACCESS CORP.
AN ORDINANCE ENTITLED -
AN ORDINANCE APPROPRIATING $50,000 TO THE "MIAMI
CABLE ACCESS CORPORATION" SPECIAL REVENUE FUND
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1983;
CONTAINING A REPEALER PROVISION AND A SEVERA-
BILITY CLAUSE.
Passed on its first reading by title at the meeting of March 18th, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Perez, seconded by Commissioner Carollo, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9591.
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.
52. DISCUSSION AND CONTINUANCE FOR FURTHER REVISION OF PROPOSED
ORDINANCE REGARDING FEES CHARGED FOR COPIES AND TRA14SCRIPTS
BY THE CITY CLERK'S OFFICE. ,
Mr. Plummer: I've got a problem with this. I want to tell you something.
Mayor Ferre: We're on 20 now.
Mr. Plummer: Yes. You know, you read that back up material and what is
being proposed does not cover the costs involved and I think that what we
ought to do, I don't care what the price is, and I'm not trying to set an
arbitrary figure, but when I think people come in and demand public docu-
ments they should demand the right to pay what it costs to produce.
Mr. Carollo: It should be more than 25C, you're right. It should be more
than 250 a copy. How much does the Police Department charge?
Mr. Plummer: No, Joe, they talk about in this back up material $30 a half
hour to research. Am I right? What%was your figure on that?
Mr. Ongie: Approximately.
Mr. Plummer: You know, I think that is absolutely asinine.
Mr. Gary: $30 a half hour?
Mr. Plummer: That's what he is saying, that when a person has to go and
research..... 139 APR 61983
to
Mr. Ongie: Excuse me, I'm sorry to interrupt, but those figures were simply
supplied if I have to pay somebody overtime to do a special research project.
We try to do these things in the normal day.
Mr. Plummer: Ralph, the only thing I'm saying is I don't expect to make a
profit but I do expect to break even.
Mr. Ongie: You can change the amount of any of them, it is fine with me.
Mr. Plummer: But I can't change it, I don't know what that figure is. Okay?
Mr. Carollo': Why don't you give us the accurate price, and maybe the Police
Chief can*help you on that, because he has worked out a system there.
Mr. Plummer: All I'm saying is break even. Now, I'd like to defer it and
let him come back at the next meeting and tell us what that figure is and
that's what I'm in favor of.
Mr. Carollo: Don't be scared to charge more, Ralph.
Mayor Ferre: All right, there is a motion by Plummer, seconded by Dawkins
to continue item 20, call the roll.
The preceding motion introduced by Commissioner Plummer and seconded
by Commissioner Dawkins 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.
53. SECOND READING ORDINANCE: AMEND THE CAPITAL IMPROVEMENT
APPROPRIATIONS ORDINANCE FOR THE PURPOSE OF MAIKING SEVERAL
MISCELLANEOUS IMPROVEMENTS TO MMiICIPAL FACILITIES.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 95349
ADOPTED DECEMBER 9, 1982, THE CAPITAL IMPROVEMENT
APPROPRIATION ORDINANCE FOR FISCAL YEAR ENDING
SEPTEMBER 30, 1983; BY REMOVING ITEM IX.B.(ii)l.,
FIRE GARAGE AND STATION #3 MODIFICATION AND EXPANSION
IN THE AMOUNT OF $1,0009000 AND ITEM IX.B.(ii)2.,
RENOVATION OF FIRE STATIONS #1, #29 #5, and #8 IN THE
AMOUNT OF $300,000 FROM THE CAPITAL IMPROVEMENT FUND;
BY ESTABLISHING SECTION XVII. 1981 FIRE FIGHTING, FIRE
PREVENTION AND RESCUE FACILITIES GENERAL OBLIGATION
BOND FUND IN THE AMOUNT OF $49119,000; BY ESTABLISHING
SECTION XVI. MIAMI STADIUM ENTERPRISE FUND IN THE
AMOUNT OF $475,000 AND TRANSFERRING ITEM IX.B.(ii)12.,
MAJOR MAINTENANCE--MIAMI STADIUM IN THE AMOUNT OF
$255,000 AND ITEM IX.C.(ii)l., MIAMI STADIUM CONCERT
STAGE IN THE AMOUNT OF $220,000 FROM THE CAPITAL
IMPROVEMENT FUND TO SAID MIAMI STADIUM ENTERPRISE
FUND; BY APPROPRIATING AN AMOUNT OF $450,000 FROM
DINNER KEY MARINA RETAINED EARNINGS TO ESTABLISH
DINNER KEY MARINA RENOVATION AND EXPANSION AS ITEM
XV.B.2 IN THE DINNER KEY MARINA ENTERPRISE FUND; AND
BY APPROPRIATING AN AMOUNT OF $157,000 FROM THE CAPITAL
IMPROVEMENT FUND, BY 1982 FUND BALANCE-475,000, AND
FROM 1970 POLICE HEADQUARTERS AND CRIME PREVENTION
FACILITIES GENERAL OBLIGATION BOND FUND BALANCE-482,000,
TO REESTABLISH UPGRADE SYSTEMS COVERAGE AS ITEM IX.B.24
IN THE CAPITAL IMPROVEMENT FUND; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
140
rt
.APR 61983
\J
I
Passed on its first reading by title at the meeting of March 18th, 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 Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor riaurice A. Ferre
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9592.
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.
54. SECO14D READING ORDINANCE: ESTABLISH F.E.C. SITE INTERIM
PARKING FACILITY AND FEASIBILITY STUDY FOR PARKING FACILITY AT
PLAYERS STATE THEATRE.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 9534,
ADOPTED DECEMBER 9, 1982, THE CAPITAL IMPROVEMENT
APPROPRIATION ORDINANCE FOR FISCAL YEAR ENDING SEP-
TEMBER 30, 1983; AS AMENDED; BY APPROPRIATING AN
AMOUNT OF $35,000 FROM FEC BOAT DOCKAGE REVENUES TO
ESTABLISH THE FEC SITE INTERIM PARKING FACILITY
PROJECT (ITEM VI.C.1.) IN THE 1972 PARK AND RECREA-
TIONAL FACILITIES GENERAL OBLIGATION BOND FUND; AND
BY APPROPRIATING AN AMOUNT OF $15,000 FROM A CONTRI-
BUTION FROM THE OFF STREET PARKING BOARD TO ESTABLISH
THE FEASIBILITY STUDY FOR PARKING FACILITY ON PLAYERS
STATE THEATER SITE PROJECT (ITEM XIII.C.1.) IN THE TOTAL
TOTAL AMOUNT OF $30,000 IN THE PARKING CAPITAL PROJECTS
FUND; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of March 18, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Perez, seconded by Commissioner Carollo, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9593.
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.
rt 141 APR 61983
55. SECOND READING ORDINANCE: At -END SPECIAL ACT OF LEGISLATURE
IC40WN AS CHAPTER 27717, WHICH PROHIBITED CONSTRUCTION OF
STRUCTURES IN BAYFRONT PARK OF THE CITY.
AN ORDINANCE ENTITLED
-AN ORDINANCE AMENDI'4G A SPECIAL ACT OF THE LEGISLATURE OF
THE STATE OF FLORIDA KNOWN AS CHAPTER 27717, SENATE BILL
.568, EFFECTIVE MAY 14, 1951, WHICH PROHIBITED CONSTRUCTION
OF STRUCTURES IN BAYFRONT PARK IN THE CITY OF MIAMI, TO
PERMIT THE CONSTRUCTION OF NEW STRUCTURES AS SET FORTH IN
THE CITY OF MIAMI'S BAYFRONT PARK REDEVELOPMENT PROJECT AS
APPROVED BY THE CITY COMMISSION IN RESOLUTION NO. 82-380,
DATED MARCH 11, 1982, AND THE CITY OF MIAMI PROPOSED BAY -
SHORE SPECIALTY CENTER PROJECT; CONTAINING A REPEALER PRO-
VISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of March 18, 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 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 ORDINANCE WAS DESIGNATED ORDINANCE NO. 9594.
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.
,4PR
rt
6 196-1
0 A
56. SECOND READING ORDINANCE: A14END CHAPTER 31, LICENSES,
MISCELLANEOUS BUSINESS REGULATIONS OF THE CODE BY ADDING
A NEW SECTION ENTITLED, "BOND P.EQUIPM ENT".
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING CHAPTER 31,
"LICENSES, MISCELLANEOUS BUSINESS
REGULATIONS" OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, BY ADDING A
NEW SECTION 31-42, ENTITLED "BOND
REQUIREMENT", THERETO TO PROVIDE FOR THE
POSTING OF A BOND AS A CONDITION
PRECEDENT TO THE ISSUANCE OF AN
OCCUPATIONAL LICENSE TO PERSONS ENGAGED
IN THE BUSINESS OF FORWARDING FOOD,
MEDICINES, OR CASH TO INDIVIDUALS
RESIDING IN CUBA, OR TO PERSONS ENGAGED
IN THE BUSINESS OF ASSISTING IN THE
EXECUTION OF DOCUMENTS BY RESIDENTS OF
CUBA WHICH DOCUMENTS ARE REQUIRED IN
ORDER TO MIGRATE FROM CUBA; FURTHER
REQUIRING THAT PERSONS SO ENGAGED FURNISH
A STATEMENT AT THE TIME OF APPLYING FOR
SUCH LICENSE WHICH STATEMENT SHALL
FURNISH A DESCRIPTION OF THE NATURE AND
EXTENT OF THE SERVICES OFFERED BY SAID
PERSON TOGETHER WITH THE PROPOSED MANNER
SUCH SERVICES ARE ADVERTISED; FURTHER
REQUESTING THAT THERE BE FULL COMPLIANCE
WITH ALL COUNTY, STATE AND FEDERAL LAWS
BEFORE SUCH LICENSE IS ISSUED; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of March 18, was
taken up for its second and final reading by title and adoption. On motion•of
Commissioner Perez, seconded by Commissioner Plummer, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Peree
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9595.
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.
143
APR 6 1983
rt
0
,71
57. SECOND READING ORDINANCE: ESTABLISH NEW TRUST AND
AGENCY FU'ID ENTITLED "RECREATION FOR THE IL: TALLY
RETARDED, 7th YEAR".
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719,
ADOPTED OCTOBER 26, 1977 THE SUMMARY GRANT APPROPRIATIONS
ORDINANCE, AMENDED BY ESTABLISHING A NEW TRUST AND AGENCY
FUND ENTITLED: "RECREATION FOR THE MENTALLY RETARDED
(7TH YEAR)" AND APPROPRIATING FUNDS FOR ITS OPERATION IN
THE AMOUNT OF $220,519 COMPOSED OF $186,019 FROM THE STATE
OF FLORIDA; DEPARTMENT OF HEALTH AND REHABILITATIVE SER-
VICES AND $34,500 FROM FISCAL YEAR 1982-'83 SPECIAL PRO-
GRAMS AND ACCOUNTS: MATCHING FUNDS FOR GRANTS, TO CON-
TINUE OPERATION OF SAME; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of March 18, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Perez, seconded by Commissioner Plummer, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9596.
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.
rt
144
APR 6 1983
0
0
58. FIRST READING ORDINANCE: AMEND CAPITAL IMPROVEMENT APPROPRIATION
ORDINANCE TO PROVIDE FOR ALLAPATTAH INDUSTRIAL AREA STREET
IMPROVE:•SENT AS A NEW PPOJECT.
AN ORDINANCE ENTITLED -
.AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE N0. 9534,
THE CAPITAL IMPROVEMENT APPROPRIATIO14 ORDINANCE FOR
FISCAL YEAR ENDING SEPTEMBER 30, 1983; AS AMENDED; BY
ESTABLISHING AS SECTION XIX. THE 1980 HIGHWAY GENERAL
OBLIGATION BOND FUND IN AN A14OUNT OF $50,000 AND APPRO-
PRIATING SAME AMOUNT FROM THE SALE OF 1980 HIGHWAY BONDS
TO ESTABLISH ALLAPATTAH INDUSTRIAL AREA STREET IMPROVE-
MENTS AS A NEW PROJECT; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner Perez
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 cosies were available to the members of the citv commission and to the public.
59. FIRST READING ORDINANCE: AMEND SECTION 2-88 OF CHAPTER 2 OF
THE CITY CODE FOR NEW FEES CHARGED BY MICROFIL14 SERVICES, ETC.
BY FIRE, RESCUE, AND INSPECTION SERVICES.
Mr. Plummer: Subject to that the Department comes back telling us what it is,
in fact, cost to produce on a break even basis.
Mayor Ferre: In other words that people pay what it costs, this is for rescue...
Mr. Carollo: Sure, I agree, I'm all for that.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 2-88 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, WHICH ESTABLISHED FEES FOR EXTRA-
ORDINARY SERVICES IN CONNECTION WITH REPRODUCTION OF RECORDS,
PLANS AND MAPS, INCLUDING THOSE ON MICROFILM, OF THE FIRE,
RESCUE AND INSPECTION SERVICES DEPARTMENT, BY INCREASING SAID
FEES TO COVER THE INCREASED OPERATIONAL COST; CONTAINING A RE-
PEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
Was introduced by Commissioner Plummer and seconded by Commissioner Carollo
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. 145 APR 61983
rt
0
The City Attorney read the ordinance into the public record and announced
that copies were available to the members of the city commission and to the public.
60. FIRST READING ORDINANCE: AMEND SECTION 5 OF ORDINANCE 6145
REGARDING PLUMBING, BUILDING, ELECTRICAL, MECHANICAL,
CERTIFICATE FEES, ETC.
Mayor Ferre: Plummer moves 30 with the same conditions.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 5 OF ORDINANCE NO. 6145
ADOPTED MARCH 19, 1958, AS AMENDED, WHICH PROVIDES FOR
BUILDING, PLUMBING, ELECTRICAL, MECHANICAL (INCLUDING
BOILER AND ELEVATOR) INSPECTIONS, PERMIT AND CERTIFI-
CATE FEES, BY INCREASING CERTAIN FEES AND DELETING OR
CHANGING OTHER FEES UNDER SUBSECTION h. MECHANICAL PER-
MIT FEES: (3) ELEVATORS, ESCALATORS AND OTHER LIFTING
APPARATUS: TO COVER THE INCREASE IN OPERATIONAL COST
FOR THE ENFORCEMENT OF THE SOUTH FLORIDA BUILDING CODE;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner Carollo
and passed on its first reading by title by the following vote -
AYES: Commissioner 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.
NOTE FOR THE RECORD: AGENDA ITEid NUMBER 32 WAS WITHDRAWN.
61. FIRST READING ORDINANCE: ITEW TRUST AND AGENCY FUND ENTITLED
"SUMMER FOOD SERVICE PROGRAM FOR CHILDREN-1983".
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719,
AS AMENDED BY ESTABLISHING A NEW TRUST AND AGENCY FUND
ENTITLED: "SUMMER FOOD SERVICE PROGRAM FOR CHILDREN -
1983", AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME
IN THE AMOUNT OF $133,532, CONTAINING A REPEALER PROVI-
SION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Perez 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.
rt 146 APR 6 1983
62. AUTHORIZE CITY MANAGER TO ACCEPT $133,532 FOR SUW!ER FOOD
SERVICE PROGRAM FOR CHILDREN.
The following.resolution was introduced by Commissioner Plummer, who moved
itt adoption:
RESOLUTION NO. 83-315 ,
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
$133,532 FROM THE U. S. DEPARTMENT OF AGRICULTURE FOR
A SUMMER FOOD SERVICE PROGRAM FOR CHILDREN AND AUTHOR-
IZING THE CITY MANAGER TO EXECUTE THE NECESSARY AGREE-
MENT FOR IMPLEMENTATION OF THE PROGRAM.
(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.
63. FIRST READING ORDINANCE: ESTABLISH NEW TRUST AND AGENCY
FUND ENTITLED "SUM2IER YOUTH E21PLOYMENT PROGRAti - 1983/CETA
VI".
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719,
ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT APPROPRIA-
TIONS ORDINANCE, AS AMENDED; BY ESTABLISHING A NEW TRUST
AND AGENCY FUND ENTITLED: "SUMMER YOUTH EMPLOYMENT PRO-
GRAM - 1983/CETA VI"; APPROPRIATING FUNDS FOR THE OPER-
ATION OF SAID TRUST AND AGENCY FUND IN THE AMOUNT OF
$800,000; CONTAINING A REPEALER PROVISION AND SEVER -
ABILITY CLAUSE.
was introduced by Commissioner Plummer and seconded by Commissioner Carollo
and passed on its first reading by title by the following vote -
AYES: Commissioner 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.
rt 147 APR 61983
NOTE FOR THE RECORD: Agenda Item Number 36 was deferred.
64. AUTHORIZE CITY MANAGER TO ENTER INTO AGREEtiENT WITH METRO TO
IMPLEMEYT PORTION OF COAL"n2NITY DEVELOPMENT BLOCK GRANT PROGRAM
_ _ _FOR 3TH YEAR.
Mr. Plummer: Move Item Number 38.
Mr. Robert Clark: The amount in that resolution, instead of reading $114,234
should read $104,834.
Mayor Ferre: All right, with that correction, Plummer moves. Dawkins seconds.
Further discussion on the resolution. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 83-316
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN AGREEMENT WITH METROPOLITAN DADE COUNTY FOR THE PURPOSE
OF IMPLEMENTING A PORTION OF DADE COUNTY'S COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM DURING THE EIGHTH YEAR FOR
CERTAIN SOCIAL SERVICE AND ECONOMIC DEVELOPMENT ACTIVITIES;
AUTHORIZING THE CITY MANAGER TO ACCEPT A TRANSFER OF FUNDS
FROM DADE COUNTY IN THE AMOUNT OF $104,834.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
65. ESTABLISH CITY POLICY CONCERNING BUSINESS RELOCATION ACTIVITIES
WITHIN SOUTHEAST OVERTOWNPARK WEST COMMUNITY REDEVELOPMENT
AREA.
Mayor Ferre: What is Item Number 39 now?
Mr. Gary: That is a business relocation activity for the southeast Park-
west/Overtown. That sets up guidelines for the relocation of businesses with-
in the City of Miami.
Mayor Ferre: Dawkins moves. Plummer seconds. Further discussion. Call the
roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
a a 6
E6161
.APR 61983
Id
RESOLUTION NO. 83-317
A RESOLUTION ESTABLISHING CITY POLICY CONCERNING BUSINESS
RELOCATION ACTIVITIES WITHIN THE SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AREA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon -being seconder'. by Commissioner Plummer, 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
66. AUTHORIZE CITY MANAGER TO ACCEPT GRANT FROM STATE OF FLORIDA
FOR ASSISTANCE WITH BLUE LAGOON PARK.
Mayor Ferre: All right, Plummer moves Item Number 40, I would imagine..
Mr. Plummer: Yes.
Mayor Ferre: Who wants to second? Carollo seconds. Further discussion.
Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 83-318
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A
GRANT IN THE AMOUNT OF $200,000 FROM THE STATE OF
FLORIDA DEPARTMENT OF NATURAL RESOURCES FLORIDA
RECREATION DEVELOPMENT ASSISTANCE PROGRAM IN CONNECTION
WITH BLUE LAGOON PARK; FURTHER AUTHORIZING THE CITY MANA-
GER TO EXECUTE A PROJECT AGREEMENT TO IMPLEMENT THE
PROGRAMS WITH SAID DEPARTMENT.
(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
Fr.]
149
APR 6 1983
1% AO
67. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT FOR PROFESSIONAL
AND TECHNICAL SERVICES BAYFRONT PARK REDEVELOPMENT PROJECT.
Mayor Ferre: Who wants to move the Butler Building?
Mr. Carollo: Moved.
Mr. Plummer: How much is that going to cost?
Mayor Ferre: It comes out of the Parks for People fund anyway.
Mr. Gary: Yes, we already got the money. You have to increase the amount.
Mayor Ferre: You could probably build ten buildings like that for the money.
Mr. Plummer: You are probably right.
Mr. Gary: $4,127.
Mayor Ferre: Plummer moves $4,127, Item Number 41. Perez seconds. Further
discussion. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 83-319
A RESOLUTION AUTHORIZING THE CIrf MANAGER TO EXECUTE THE
AMENDED AGREEMENT IN SUBSTANTIALLY THE FORM ATTACHED
HERETO, TO PROVIDE ADDITIONAL PROFESSIONAL SERVICES,
WITHIN THE ORIGINAL SCOPE OF SERVICES, BUT UNFORESEEN AT
THE TIME OF THE ORIGINAL AGREEMENT, FOR THE FACADE
RESTORATION OF THE FLAGLER (BUTLER) BUILDING, USING
PARKS FOR PEOPLE BOND FUNDS PREVIOUSLY ALLOCATED FOR
THIS PROJECT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
Id
150
APR 6 1983
r]
68. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT FOR PROFESSIONAL
AND TECHNICAL SERVICES BYAFRONT PARK REDEVELOPMENT PROJECT.
Mayor Fexr:e: Who wants to move Agenda Item Number 42? All right, Perez
moves 42._.Anybody want to second that?
Mr. Carollo: Second.
Mayor Ferre: Further discussion? Call the roll on 42.
The following resolution was introduced by Commissioner Perez, who
moved its adoption:
RESOLUTION NO. 83-320
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT III, IN SUBSTANTIALLY THE FORM ATTACHED, TO
THE PROFESSIONAL AND TECHNICAL SERVICES AGREEMENT DATED
JANUARY 19, 1982, AS AMENDED, BETWEEN THE CITY AND FULLER
AND SADAO, P.C. FOR THE BAYFRONT PARK REDEVELOPMENT PRO-
JECT; FURTHER AUTHORIZING THE CITY MANAGER TO EXPEND AN
AMOUNT NOT TO EXCEED $104,950 FOR THE COST OF SAID AMEND-
MENT III; FURTHER AUTHORIZING THE CITY :TANAGER TO EXPEND
AN ADDITIONAL SUM NOT TO EXCEED $36,000 FOR THE COST OF
SPECIAL CONSULTANTS REQUIRED UNDER SAID AMENDMENT III;
WITH THE HEREIN AUTHORIZED EXPENDITURES BEING SUBJECT TO
AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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
--------------------------------------------------------------------------
NOTE FOR THE RECORD: Agenda Item Number 43 was deferred.
---------------------------------------------------------------------
la
APR 6 1983
69. AUTHORIZE CITY MANAGER TO ENTER INTO CONTRACT, MIAMI CAPITAL
DEVELOPMENT INC. FOR INSURANCE BUSINESS DEVELOPMENT PROGRAM
IN CONJUNCTION WITH INSURANCE EXCHANGE OF THE AMERICAS, INC.
Mr. Carollo: Move -Item Number 44.
Mr. Dawkins-: Second.
Mayor Ferre: It has been moved and seconded. Further discussion. Call the
roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-321
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED, WITH MIAMI
CAPITAL DEVELOPMENT, INC. (MCDI), PROVIDING MONIES IN AN
AMOUNT NOT TO EXCEED $500,000 FROM CAPITAL IMPROVEMENT
FUNDS, TO FACILITATE AN INSURANCE BUSINESS DEVELOPMENT PRO-
GRAM IN CONJUNCTION WITH THE INSURANCE EXCHANGE OF THE
AMERICAS WITH FUNDS THEREFOR ALLOCATED FROM CAPITAL IMPROVE-
MENT FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
152
APR 6 1983
ld
0
1*
70. AUTHORIZE CITY MANAGER TO CONDUCT STUDY ON FEASIBILITY OF
UNDERGROUND PARKING IN DOWNTOWN MIAMI.
Mr. Carollo: Move 45.
Mayor Ferre: All right, Carollo....
Mr. Gary: No, I want to withdraw.... no, I'm sorry, wrong number.
Mayor Ferre: What is this?
Mr. Plummer: Is 45 'yes' or 'no'?
Mayor Ferre: You are withdrawing 45? That's Demetrio Perez's deal.
Mr. Gary: That's why I was saying I was wrong.
Mayor Ferre: What?
Mr. Gary: That's why I say: I withdraw my withdrawal.
Mayor Ferre: Oh, I see, ok. I got confused...
Mr. Plummer: What's this 'withdraw the withdrawal'
Mayor Ferre: All right. Demetrio, this is the underground parking in
Downtown Miami. Is this boat parking or car parking?
Mr. Plummer: Depends on whether the tide is high or low!
Mayor Ferre: Listen, I want to tell you something. They do it all over
Europe, in Nice, France, which is just like Miami always under water,
they have parking garages all over Nice, and they are all under water.
Mr. Perez: And in New York and in Baltimore....
Mayor Ferre: I'm going to tell you something, you are going to find out
that it is feasible and it is going to be ; shock to a lot of people in
Miami. All right, Perez moves, or....is this your baby?
Pir. Carollo: I said I'd move it.
Mayor Ferre: All right, it's been moved and seconded. Further discussion,
call the roll.
The following Resolution was introduced by Commissioner Carollo,
who moved its adoption.
RESOLUTION 83-322
A RESOLUTION AUTHORIZING AND INSTRUCTING THE CITY MANAGER
TO CO1TDUCT A STUDY C:J T:IC FEASIBILITY CF UI'Dr,RG"10UTTD Pt_t".I11G
IN DOWNTOWN MIAMI AND TO SUBMIT HIS RESULTS TO THE CITY COMMISSION
AND TO THE OFF-STREET PARKING AUTHORITY.
(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
mh 153
.APR 61983
11
passed and adopted by the following vote:
AYES: Commissioner Demetrio Perez
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer
Mayor Maurice A. Ferre
NOES; Itbne.
ABSENT: None.
FOLLOWING 3OLL CALL:
Mayor Ferre: Mr. Manager, when Mr. Reid -or whoever is going to be persuing
this- please, write to the Mayor of Nice, you can get the address from my
office, and ask him to send the names of the corporations in France, in Nice,
who do this all the time. It's a long time established, very inexpensive way
of construction. I understand, that they build those underground garages
under water cheaper than they build those in the air.
Mr. Perez: I would also like Mr. Manager, that you coordinate a meeting
with these people...
Mayor Ferre: Yes, and I want to go on that trip.
Mr. Gary: Maybe you are going to Nice, to look at it.
Mayor Ferre: No, no, no, no. I've already got the Sister City franchise
on that one; you guys get Colombia, you get Nigeria, ..
71. AUTHORIZE CITY :TANAGER TO UNCONDITIONALLY ACCEPT FEDERAL
EMERGENCY MANAGEMENT AGENCY FUNDING AS SEEN MONEY TO PARTICI-
PATE IN ARSON INFORMATION MANAGEMENT SYSTEM.
Mr. Plummer: Move Agenda Item Number 46.
Mayor Ferre: Item Number 46.
Mr. Robert Clark: Mayor Ferre, on Item 46, when that resolution was prepared
by the Fire Department, they wanted authority to accept the funding. They
had already spent the money - Federal Emergency Management Agency had provided
the funds. All we are doing...
Mayor Ferre: All right, we have a new 46.
Mr. Clark: (AT THIS POINT, resolution is read into the record)
Mayor Ferre: Plummer moves. Dawkins seconds. Further discussion on 46.
Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 83-323
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT EQUIPMENT
PURCHASED AT NO COST TO THE CITY FROM FEDERAL EMERGENCY MANAGEMENT
AGENCY FUNDS (FEMA) TOTALLING $7,000 FOR PARTICIPATION BY THE
DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES IN THE ARSON
INFORMATION MANAGEMENT SYSTEM SPONSORED BY FEMA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
APR 6 1983
154
ld
0
A
Upon being seconded by Commissioner Dawkins, 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
72. URGE DADE COUNTY SCHOOL BOARD TO PLAN FOR CONTINUED AND
IMPROVED SCHOOL FACILITIES IN SOUTHSIDE BRICKELL NEIGHBORHOOD.
Mayor Ferre: Now, whose item is this, Southside Brickell Neighborhood
Primary School?
Mr. Gary: This is basically saying that based on the amount of development
in the area, that we are urging Dade County to consider putting an elementary
primary school in the area.
Mayor Ferre: Is this anybody's baby here on the Commission?
Mr. Gary: That is part of the whole planning process that we are going
through.
Mayor Ferre: All right. Plummer, do you want to move that?
Mr. Plummer: Fine
Mayor Ferre: Who will second that?
Mr. Dawkins: Second.
Mayor Ferre: It has been moved and seconded. Further discussion? Call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 83-324
A RESOLUTION URGING AND REQUESTING THE DADE COUNTY SCHOOL
BOARD TO PLAN FOR THE CONTINUED AND IMPROVED PROVISION OF
PRIMARY SCHOOL FACILITIES AND SERVICES IN THE SOUTHSIDE/
BRICKELL NEIGHBORHOOD OF THE CITY OF MIAMI.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
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
155
ld APR 61963
73. SET FEE FOR USE OF ORANGE BOWL STADIU13 FOR FOOTBALL EVENTS
BY DADE COUNTY HIGH SCHOOLS.
Mayor Ferre: Dawkins moves Item 48. Is there a second?
Mr. Perez: Second.
Mayor Ferre: Perez seconds. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 83-325
A RESOLUTION SETTING THE FEE FOR USE OF THE ORANGE BOWL
STADIUM FOR FOOTBALL EVENTS BY DADE COUNTY HIGH SCHOOLS
AT $3,000 MINIMUM FEE OR FIFTEEN PERCENT (15%) OF THE
GROSS TICKET SALES, WHICHEVER IS GREATER.
(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
74. AUTHORIZE CITY MANAGER TO APPOINT FIRM OF LAVANTHOL & HORWATH AS
CONSULTANTS TO UPDATE PRESENT FEASIBILITY STUDY FOR USE OF RENTS,
RATES, FEES, AND OTHER CHARGES CONNECTED WITH THE CONVENTION
CENTER PARKING GARAGE, ETC.
Mayor Ferre: How about Agenda Item Number 50?
Mr. Gary: Number 50 is pursuant to the bond indenture and we sold the bonds.
We have to do this annually to re-evaluate the rents and the rates.
Mayor Ferre: Who moves 50?
Mr. Plummer: For $18,000?
Mr. Clark: That includes their expenses too.
Mr. Plummer: Yes, isn't that nice! Where are they staying, at the Penthouse?
Mayor Ferre: Plummer moves the penthouse. Further discussion? All right,
who seconds? Demetrio Perez seconds. Further discussion? Call the roll.
ld 156 .APR 61983
L
E
A
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 83-326
A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPOINT THE
FIRM OF LAVENTHOL AND HORWATH, AS CONSULTANTS, TO PREPARE
AN UPDATE OF THE EXISTING FEASIBILITY STUDY AND SUBMIT A
--'RECOMMENDED SCHEDULE OF RENTS, RATES, FEES AND CHARGES FOR
-"THE USE AND OCCUPANCY OF AND FOR THE SERVICES FURNISHED
OR TO BE FURNISHED IN CONNECTION WITH THE CONVENTION CENTER
AND PARKING GARAGE OF THE CITY OF MIAMI/UNIVERSITY OF MIAMI
JAMES L. KNIGHT INTERNATIONAL CENTER; SAID APPOINTMENT TO
BE CARRIED OUT IN ACCORDANCE WITH SAID FIRM'S ATTACHED
PROPOSAL; COMPENSATION UNDER SAID APPOINTMENT, INCLUDING
EXPENSES, SHALL NOT EXCEED $18,000, SUBJECT TO AVAILABILITY
OF FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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
75. CONFIILM ACTION OF CITY MANAGER APPROVING EMERGENCY PURCHASE OF
GRAPHICS FOR THE CONVENTION CENTER.
Mayor Ferre: Item Number 51.
Mr. Gary: This is the graphics that had to be done and you are ratifying the
action we had to take to the facility open in time for the ASTA convention.
Mayor Ferre: Who wants to move that?
Mr. Gary: It is for money spent. The action was done pursuant to a motion
by the Commission to get the facility open on a timely basis.
Mayor Ferre: Can we either move or defer it or do something so we can get
out of here?
Mr. Dawkins: Move it.
Mayor Ferre: All right, Dawkins moves. Demetrio Perez seconds. Further
discussion? Call the roll.
-.1457 �, ,
14
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 83-327
A RESOLUTION RATIFYING AND CONFIRMING THE ACTION OF THE
CITY MANAGER IN APPROVING THE EMERGENCY PURCHASE OF CITY
OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL
CENTER.INTERIOR GRAPHICS; AUTHORIZING AN INCREASE IN THE
__.CONTRACT':IN THE NET AMOUNT OF $9,406.50; ACCEPTING THE COM-
....PLETED WORK OF RJA SIGNS & GRAPHICS INC. AT A TOTAL COST OF
$62,828.50; AND AUTHORIZING A FINAL PAYMENT OF $12,077.60.
(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
76. ISSUE MISCELLANEOUS WASTE COLLECTION LICENSES.
Mayor Ferre: We are on Agenda Item Number 52, waste collection licenses to
M & J Perrotta Waste Service. Who wants to move that?
Mr. Plummer: The City Manager recommends. I will move it.
Mayor Ferre: Plummer moves.
Mr. Perez: Second
Mayor Ferre: Perez second on Item 52. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 83-328
A RESOLUTION AUTHORIZING THE ISSUANCE OF WASTE COLLECTION
LICENSES TO M & J PERROTTA WASTE SERVICE, INC., MADELU
ENTERPRISES, INC., UNITED SANITATION SERVICES, DIV. OF WASTE
MANAGEMENT, INC. OF FLORIDA. MILLO TRASH SERVICE CORP., L.
McWILLIAMS AND DAVID McWILLIAMS (PARTNERSHIP), PERMITTING
THEM TO COMMENCE DOING BUSINESS UPON FULL COMPLIANCE WITH
CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, (1980).
(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:
158
ld APR 61933
0 10
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
----------------------------------------------------------------
NOTE FOR THE RECORD: Agenda Item Number 53 was withdrawn.
----------------------------------------------------------------------------
77. AUTHORIZE CITY W1 AGER TO EXECUTE AGREEMENT, CROWDER, MAHONEY,
MAKOWSKI, RICE AND ASSOCIATES FOR PROFESSIONAL SURVEYING
SERVICES.
Mayor Ferre: Agenda Item Number 54 - Mahoney, Makowski, Rice & Associates
and so on.
Mr. Plummer: What is this for?
Mr. Gary: This is to assist us in speeding up our survey work in the Public
Works Department - not to exceed $50,000.
Mayor Ferre: (Whistle!) And what are they doing the survey o£?
Mr. Gary: We had a written...
Mayor Ferre: Funeral homes on Flagler Street and...
Mr. Dawkins: Crematories.
Mr. Plummer: Just give us the money. Don't do the survey!
Mr. D.Cather: We had originally selected three firms and we are going to let
out separate countracts for each to catch up on our survey work, but we are
way behind on our surveys, and this will permit our regular staff to keep up
with our in -city work for contracts and let them do platting work and other
work as required and we are going to advertise for two more after that.
This will aid in getting our survey work up to date.
Mr. Plummer: So in other words, this is not on a bidding procedure?
Mr. Gamer: Yes, we went through a professional consultant selection act.
Mr. Gary: Professional consultant...
Mr. Cather: We interviewed twenty or some firms. We recommended
to the Manager. Due to some wording difficulty, we are only authorized at
this point to select one firm. We are going to come back to you with a
new advertisement for two more firms, so that we can have three firms on
Board.
Mr. Plummer: So, you are talking about $150,000 total.
Mr. Gather: Tha is the maximum that we would ever spend under this order.
Mr. Gary: It is coming out of Bond money. It helps to speed up the process.
Mayor Ferre: All right, are we ready to go? Plummer moves, Perez seconds.
Further discussion on Item 54. Call the roll.
159
APR 6 1983
ld
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 83-329
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, BE-
._TWEEN THE GITY OF MIAMI AND CROWDER, MAHONEY, MAKOWSKI,
RICE AND ASSOCIATES, INC. TO PROVIDE PROFESSIONAL SURVEY-
ING SERVICES IN CONJUNCTION WITH CITY CONTRACTED CONSTRUC-
TION PROJECTS WITH FUNDS THEREFOR ALLOCATED FROM THE PRO-
JECT EXPENSE FOR EACH INDIVIDUAL PROJECT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner ;filler J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
----------------------------------------------------------------------------
NOTE FOR THE RECORD: Agenda Item Number 55 was continued to the neat agenda.
78. SECOND READING ORDINANCE: AMEND ANNUAL APPROPRIATION ORDINANCE
FOR CITIZENS SERVICE VAN L,dIT.
Mayor Ferre: Take up Item Number 70 on Second Reading. Moved by Dawkins.
Seconded by Plummer. Dawkins, are you moving again?
Mr. Dawkins: Move it. No problem. ,
Mayor Ferre: Dawkins moves, Plummer seconds. Further discussion? Does
anyone tiere wish to speak on this item? Read the ordinance.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.
9502 ADOPTED SEPTEMBER 23, 1982, THE ANNUAL
APPROPRIATIONS ORDINANCE FOR FISCAL YEAR ENDING
SEPTEMBER 30, 1983, AS AMENDED, BY INCREASING THE
APPROPRIATIONS IN THE GENERAL FUND FOR THE
COMMUNITY DEVELOPMENT DEPARTMENT IN THE AMOUNT OF
$36,150 AND BY DECREASING THE APPROPRIATION FOR
SPECIAL PROGRAMS AND ACCOUNTS CONTINGENCY FUND IN
THE LIKE AMOUNT TO FUND A MOBILE CITIZENS SERVICE
VAN UNIT, COST $20,650, HIRE ONE ADDITIONAL STAFF
PERSON TO OPERATE SAID VAN FOR THE REMAINDER OF
THIS FISCAL YEAR, COST $10,500 AND A BROCHURE TO
BE DISTRIBUTED TO THE COMMUNITY ANNOUNCING THE
VAN'S LOCATION, COST.$5,000, TOTAL COST $36,150;
CONTAINING A REPEALER PROVISION; AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of March 18, 1983,
it was taken up for its second and final reading by title and adoption.
160 APR 6 1983
0
On motion of Commissioner Dawkins, seconded by Commissioner Plummer,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9597.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
ON ROLL CALL:
Mr. Dawkins: Yes, and I would like to say to the Manager - Mr. Manager, is
there any way that this bus will have the disco permits on it, so they will
not have to come down to get the disco permits? They could just go to this
bus.
Mr. Gary: I worked out something with the disco people to make it easy for
them.
Mr. Plummer: Yes, but they said they didn't like West Everglades!
79, SECOND READING ORDINANCE: A=ND ANNUAL APPROPRIATION ORDI*:A.1'CE
FOR WORD PROCESSING AND OTHER MISCELLANEOUS THINGS FOR THE
MAYOR'S OFFICE.
Mayor Ferre: All right, we are on Agenda Item Number 71 on Second Reading.
We have Vice -Mayor Plummer...
Mr. Plummer: Oh, no!
Mayor Ferre: Plummer moves. Dawkins seconds. Further discussion. Read the
ordinance. Does anyone here wish to speak on this ordinance?
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.
9502 ADOPTED SEPTEMBER 23, 1982, THE ANNUAL
APPROPRIATIONS ORDINANCE FOR FISCAL YEAR ENDING
SEPTEMBER 30, 1983, BY INCREASING THE
APPROPRIATION IN THE GENERAL FUND FOR THE
MAYOR'S OFFICE IN THE AMOUNT OF $20,000 AND BY
DECREASING THE APPROPRIATION FOR SPECIAL PROGRAMS
AND ACCOUNTS CONTINGENCY FUND IN THE LIKE AMOUNT
FOR THE PURPOSE OF PROVIDING FUNDING IN THE
MAYOR'S OFFICE TO FACILITATE THE ACQUISITION OF A
WORD PROCESSOR, INCLUDING PERSONNEL TRAINING; AND
TO COVER A DEFICIT CHEATED IN THE ACCOUNT COVERING
CEREMONIAL EXPENSES. AND SUPPLIES; CONTAINING A
REPEALER PROVISION; AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of March 18, 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:
id 161 .APR 61983
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.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9598. `
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission _
and to the public.
30. ESTABLISH TASK FORCE TO BE KNOWN AS THE EAST LITTLE HAVANA
AREA TASK FORCE.
Mayor Ferre: Item Number 71-A
Mr. Plummer: Move it.
Mayor Ferre: Plummer moves.
Mr. Clark: There are two names that have to be spelled out.
Mayor Ferre: This is a resolution establish a task force.
Mr. Dawkins: Second it.
Mayor Ferre: Plummer moves. Dawkins seconds.
Mr. Clark: There are two blank spaces. There are only eight of them that
have been named.
Mayor Ferre: Call the roll on establishing the task force.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 83-330
A RESOLUTION ESTABLISHING A TASK FORCE, TO BE KNOWN AS
THE EAST LITTLE HAVANA AREA TASK FORCE, TO RECOMMEND A
REVITALIZATION ACTION PLAN FOR THE EAST LITTLE HAVANA
AREA AS MORE DEFINITELY DESCRIBED HEREIN; ESTABLISHING
OBJECTIVES AND APPOINTING CERTAIN INDIVIDUALS TO SERVE
AS MEMBERS OF THE TASK FORCE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
162 APR 6 1963
ld
q1 4
81. AUTHORIZE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED
$3,215 MATCHING FUNDS IN CONNECTION WITH FEASIBILITY STUDY
FOR OPERATION OF HYDROFOIL WATER BUS.
Mayor Ferre: All right, who moves Agenda Item Numher 72?
Mr. Plummer: Move "it.
Mayor Ferre: Plummer moves. Perez seconds. Further discussion? Call the
roll on 72.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 83-331
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $3,205.00
FROM THE OFFICE OF .MARINAS, RETAINED EARNINGS MARINAS
ENTERPRISE FUND FOR THE PURPOSE OF PARTLY FUNDING A
PROJECT FEASIBILITY STUDY TO BE CONDUCTED APRIL 11-16,
1983 INVOLVING THE OPERATION OF A HYDROFOIL WATERBUS.
(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
82. FORMALIZING RESOLUTION: AUTHORIZE GRANT EQUAL TO ONE DAY'S
RENTAL OF BAYFRONT PARK AUDITORIUM FOR EVENT IN CONNECTION WITH
BUY AMERICAN CAMPAIGN.
Mayor Ferre: "Buy American" campaign. Plummer moves, Carollo seconds.
Further discussion? Call the roll on Item Number 73.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 83-332
A RESOLUTION ALLOCATING $1,200 FROM SPECIAL PROGRAMS AND
ACCOUNTS, CONTINGENT FUND, IN SUPPORT OF A TELECONFERENCE
TO BE CONDUCTED AT BAYFRONT PARK AUDITORIUM ON APRIL 23,
1983 IN CONJUNCTION WITH THE BUY AMERICAN CAMPAIGN.
(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:
Id 163 APR 61983
A
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
33. FORMALIZING RESOLUTION: CLOSE CERTAIN. STREETS ON APRIL 9TH AND
10TH IN CONNECTION WITH MIAMI SEAFOOD FESTIVAL.
Mavor Ferre: Who did that Seafood Festival?
Mr. Plummer: I did.
Mayor Ferre: Plummer moves.
Mr. Clark: You should be aware that the prior configuration consisted of
North River Drive and Flagler. They do not want to have anything on Flagler,
so the only configuration will be on River Drive and we have prepared the
resolution.
Mayor Ferre: Is that acceptable to you, Plummer?
Mr. Plummer: Fine.
Mr. Gary: 9 th and loth.
Mayor Ferre: All right.
Mr. Plummer: Did they agree to it?
Mayor Ferre: This is formalizing? All right, Plummer moves. Dawkins seconds.
Further discussion? Call the roll on 74.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RZSOLUTI0I1 83-3--3
A RESOLUTION CONCERNING THE MIAMI SEAFOOD
FESTIVAL WHICH IS TO BE HELD APRIL 9 AND
101 1983, CLOSING CERTAIN STREETS TO
THROUGH VEHICULAR TRAFFIC ON SAID DATE
DURING THE HOURS FROM 10:00 A.M. TO 10:00
P.M. AND ESTABLISHING A PEDESTRIAN MALL,
SAID STREET CLOSING SUBJECT TO ISSUANCE
OF PERMITS BY THE POLICE DEPARTMENT AND
THE FIRE, RESCUE -AND INSPECTION SERVICES
DEPARTMENT; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT SETTING
FORTH THE TERMS AND CONDITIONS UNDER
WHICH THE CITY WILL GRANT PERMISSION FOR
THE SALE OF BEER AND WINE AT SAID EVENT;
FURTHER ESTABLISHING THE AREA PROHIBITED
TO RETAIL PEDDLERS DURING THE PERIOD OF
THE EVENT.
(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:
164 APR 61983
Id
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
84. AUTHORIZE CITY MANAGER TO Si;BMIT APPROVED GRANT PROGRAM FINAL '
STATEMENT TO H.U.D. $10,005,000 COMMUNITY DEVELOPMENT
PROGRAM - 83'84.
Mayor Ferre: Have we done Agenda Item Number 75, Ralph?
Mr. Ongie: Well, we made a motion to close the Public Hearing. We really
should pass it as a resolution.
Mayor Ferre: All right. Plummer moves 75. Perez seconds. Further discus-
sion? Call the roll on 75.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 83-334
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT THE
ATTACHED APPROVED GRANT PROGRAM FINAL STATEMENT TO THE
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)
REQUESTING FUNDS IN THE AMIOUIT OF $10,005,000 FOR THE
CITY'S PROPOSED COMMUNITY DEVELOPMENT PROGRAM DURING
1983-84; FURTHER AUTHORIZING THE CITY MANAGER, UPON
APPROVAL OF SAID GRANT BY HUD, TO ACCEPT THE SAME AND
NEGOTIATE THE NECESSARY IMPLEMENTING CONTRACTS AND
AGREEMENTS.
(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
NOTE FOR THE RECORD: All remaining Committee of the Whole items will be
continued to the next agenda.
ld 165 A P R 61988
0
9
85.. DISCUSSION OF CHAMBER OF COMMERCE RESOLUTION re: PENDING LEGISLATION
PROPOSAL ON "REGIONAL TOURISM".
Mayor Ferre: Wait a moment - we left undone...Mr. Plummer and Joe, as of
this morning, on the question of the Chamber of Commerce's resolution about
the unity thing for the money - we are not getting it now anyway. Now, I
said they --ought to firing it up before the end of the day.
Mr. Plummer: What?
Mayor Ferre: The question on tourism, so what are we going to do on that?
Mr. Plummer: Well...
Mayor Ferre: You know, I have made my position.
Mr. Carollo: And I've made mine. Let other people speak.
Mayor Ferre: You have got do what you want. If you don't want to vote for
it.
Mr. Plummer: What was your position?
Mr. Carollo: I am not in favor of it.
Mayor Ferre: Yes, but zero and zero is going to be zero. We get nothing
now unless we do something....
Mr. Plummer: Well, no, I_.
Mayor Ferre: .... what you are saying in effect is "stick your head in the sand".
Mr. Plummer: No, I don't agree with that. I think this Commission can go
on record as being opposed to it!
Mayor Ferre: Opposed to what?
Mr. Plummer: The unification.
Mayor Ferre: Oh, come on! Make your motion.
Mr. Carollo: So moved.
Mayor Ferre: Make your motion!
Mrl Plummer: Well, let's...
Mayor Ferre: You want to stick your head in the sand? ... you make your motion.
Mr. Plummer: Demetrio was the one that asked that it be deferred. Now,
what do you want to do?
Mr. Perez: Yes, I wanted it to be deferred.
Mayor Ferre: Hey, defer means killing it, because in effect...
Mr. Dawkins: It is not going to pass the Legislature no way.
Mayor Ferre: I think you are right. Further discussion on that item?
Mr. Plummer: There is nothing to discuss.
Mayor Ferre: Well, you talk to the Chamber of Commerce - Sid Levin and Moss
and Steve Ross and all the other guys that are calling...
Mr. Dawkins: They didn't contribute to my campaign - the hell with them!
APR 8 1983
166 =.
ld
10 i
Mayor Ferre: ... Woody Weiser and all the other guys - all the people in the
hotel industry and all that, and the restaurants and all the people that are
involved in that world. Ok, is there anything else, Howard?
Mr. Gary: No.
I
86.--•DIRECT CITY :TANAGER TO STOP RECENTLY IMPOSED 32% INCREASE IN • I
` HEi►LTH I14SURANCE COST TO RETIREES PENDING FURTHER STUDY.
Mayor Ferre: Oh, I am sorry - Mr. Teems. Mr. Manager, I have here a memo
from you to the employees on contributions to Group Health Benefit Plan,
and the question is, we have a problem here with the retirees.
Mr. Donald Teems: Yes, sir.
Mayor Ferre: Mr. Teems, do you want to address that issue?
Mr. Teems: Yes, sir. Don Teems, president of the Miami Association of
Fire Fighters. I am really not here representing the organization that I
do represent, which is the active employees. We are in court right now on
the 57% increase, and I assume we will just add this 32% to it. I don't see
any problem with that, but the retirees don't have any other recourse but
the City Commission. It is my understanding from the representatives of
the retirees that you now have some retirees that their insurance payments
are larger than their pension checks, and that is before the 32% increase.
With the 32% increase, I don't know how many other retirees that that will
affect, and what I would like to do is get this Commission to take some
_ kind of action to stop that until such time as you can see what the affect is
going to be on the retiree, so that you will know.
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mayor Ferre: You got me! Anybody want to move that?
Mr. Teems: What I am asking is that the City Commission stop the 32% increase
at least for retirees until such time as we can see what kind of effect it is
going to have on them. It is my understanding...
Mr. Plummer: You are talking about the 32% on the health insurance?
Mayor Ferre: That is right, for the retirees. You have got me.
Mr. Teems: Yes, sir.
Mr. Plummer: Okay, question. You know I am with them and always have been.
If you stop the 32% increase, where are you going to get the money to pay it?
Mr. Teems: I don't know.
Mr. Plummer: Well, I don't either. Have you discussed...
Mr. Teems: Well, I am not even sure the money is even appropriate, okay?
All I got from the City Administration was some "Here is what we are going
to do".
Mr. Gary: Mr. Mayor, first of all, this is not a scheduled item. If we had
known that this was going to come up, we would have been prepared to discuss
it. All I can say to you is that you have a fund that is pretty much like
Social Security and I would oppose the proposal made by Mr. Teems.
Mr. Teems: Well, Mr. Mayor, my understanding...
Mayor Ferre: That may be Howard, but I will tell you - this Commission (and
I have served on it for fourteen years and Plummer served here for a long
time) I do not recall one time, going back to Bob High where this Commission
didn't do something to protect the retired employees. APR 6 1983
167
ld
Mr. Gary: Yes, but you just did something, Mr. Mayor, and we just gave them,
I think what, $200,000 about four months ago and if the truth be spoken, one
of the biggest problems in terms of the increase - required cost is because
of the utilization of retirees. You got current employees subsidizing.
Mr. Carollo: I want to get a Xavier Suarez' opinion before I decide what to
do with this.
Mayor Ferre: Is he a retiree?
Mr. Teems:' Not that I know of.
Mr. Teems: Yes, sir. I understand that. I am not here speaking for the
group I represent, Mr. Mayor. I am here for the retirees.
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mr. Plummer: I understand, but the darn hospitalization costs is skyrocket-
ing and going out of ... all right, let me just say...
Mayor Ferre: Well, I will tell you what. Just to simplify it, I make a motion
that until we study this further, that the Administration be instructed to
stop the increase of the 32% for the retirees and to bring it up for discussion
at the next Commission meeting.
Mr. Plummer: That is fine. Is there a second?
Mr. Dawkins: Second.
Mr. Plummer: Is there a third? Call the roll.
The following motion was introduced by Mayor Ferre, who moved
its adoption.
MOTION NO. 83-335
A MOTION DIRECTING THE CITY MANAGER TO STOP THE RECENTLY
IMPOSED 32% INCREASE IN HEALTH INSURANCE COSTS TO BE PAID
BY THE RETIREES OF THE CITY OF MIAMI UNTIL FURTHER STUDY
OF THIS MATTER; FURTHER DIRECTING THE CITY MANAGER TO MAKE
A REPORT AT THE NEXT COMMISSION MEETING.
Upon being seconded by Commissioner Dawkins, the motion 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
Ap � 6 t983
ld
87. EMERGENCY ORDINANCE: EXTEND EFFECTIVE DATE OF RESTRUCTURING OF
HIAlil AUDIT ADVISORY COMMITTEE.
Mayor Ferre: We have an emergency ordinance postponing to September 1st
the effective date of Ordinance Number 9575 adopted March 18th which
rdstructed.the Miami Audit Advisory •Iommittee. this puts it off until
September 1st and we will deal with it ... why are we doing this?
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mayor Ferre: All right, I so move.
Mr. Plummer: Is there a second? Second by Perez.
Mayor Ferre: You need four votes.
Mr. Plummer: Call the roll.
AN ORDINANCE ENTITLED:
AN EMERGENCY ORDINANCE POSTPONING TO SEPTEMBER 1, 1983
THE EFFECTIVE DATE OF ORDINANCE NO. 9575, ADOPTED MARCH
18, 1983, WHICH RESTRUCTURED THE MIAMI AUDIT ADVISORY
COMMITTEE.
Was introduced by Mayor Ferre, 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.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Joe Carollo
Whereupon the Commission on motion of Mayor Ferre, 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
ABSENT: Commissioner Joe Carollo
SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9599.
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.
169 APR 61983
ld
88. RESOLUTION STRONGLY EXPRESSING OPPOSITION TO PENDING "RAISE BILL"
INTRODUCED BY THE FLORIDA SENATE.
Mayor Ferre: What is a raise bill? All right, I move that a resolution
strongly -expressing the opposition to the pending Raise Bill introduced by
Florida Senator President Curtis Peterson, further instructing the City
Clerk to send copies of this resolution to the Governor and the President
of the Florida Senate, Speaker of the Florida House and the Dade County
Legislation. I so move. Demetrio seconds. Further discussion.
Mr. Garcia -Pedrosa: I vote "yes", Mr. Mayor.
Mayor Ferre: Mr. Plummer, before you leave, I am sure that you want to be the
author of, or second the motion on the the Raise Bill. You don't want that,
right?
Mr. Plummer: I don't know anything about it.
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mr. Plummer: No! I am not for that!
Mayor Ferre: Plummer moves. Perez seconds. Further discussion? Call the
roll. Let me identify what we are voting on. This is the opposition to
the proposed Raise Bill.
Mr. Plummer: As it relates to the education at the Junior College.
Mayor Ferre: Junior College.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 83-336
A RESOLUTION STRONGLY EXPRESSING OPPOSITION TO THE PENDING
"RAISE BILL" INTRODUCED BY FLORIDA SENATE PRESIDENT CURTIS
PETERSON; FURTHER INSTRUCTING THE CITY CLERK TO SEND COPIES
OF THIS RESOLUTION TO THE GOVERNOR, THE PRESIDENT OF THE
FLORIDA SENATE, THE SPEAKER OF THE FLORIDA HOUSE OF REPRE-
SENTATIVES AND THE DADE COUNTY LEGISLATIVE DELEGATION.
(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 Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
APR 6 1983
ld 170
89. MAYOR FERRE READS TELEGRAM FROM SENATOR CLAUDE PEPPER REGARDING
HOUSE, ENERGY AND WATER DEVELOPMENT SUBCOMMITTEE.
Mayor Fern: into the record I would like to read this telegram from Claude
Pepper, Xfher of Congress.
"This is to inform you that I will be appearing before the House
Energy and Water Development Appropriations Subcommittee on April
6th to request further funding for Bayfront Park. As you know,
Congress has appropriated over $2,000,000 during the last three
years. I am confident favorable action will be forthcoming this
Congress as well and that construction on Bayfront Park will
continue on schedule. I also want to again thank you for your
fine efforts in making this park a reality for the City of Miami.
Sincerely, Claude Pepper"
ADJOURNMENT
There being no further business to come before the City Commission,
on motion duly made and seconded, the meeting was adjourned at 9:06 P.M.•
ATTEST: RALPH G. ONGIE
City Clerk
MATTY HIRAI
Assistant City Clerk
ld
MAURICE A. FERRE
Mayor
i't IpCOMp OR84E5 it
16 00 �0
r A
� r
1y a
I---
i
ITEM NO DOCUMENT IDENTIFICATION
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
SOLIDARITY WITH POPAYAN, COLOMBIA AND OTHER CITIES TN
COLOMBIA AFFECTED BY THE RECENT EARTHQUAKES
APPLICATION FOR AN URBAN DEVELOPMENT ACTION GRANT
TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT FOR FIFTY—FIVE UNITS OF SALES HOUSING
IN THE OVERTOIdN COMMUNITY DEVELOPMENT AREA
AUTHORIZING CITY CLERK TO ADVERTISE FOR SEALED BIDS
FOR THE CONSTRUCTION OF GRAND AVENUE SIDEWALK
IMPROVEMENT H-4483
5TH ANNUAL COCONUT GROVE BED RACE CO —SPONSORED BY THE
MUSCULAR DYSTROPHY ASSOCIATION/THE CITY OF MIAMI.
DEPARTMENT OF RFFCREATION
CITY OF MIAMI AFFORDABLE HOUSING PROGRAM THAT 50l.,
OF TILE TOTAL DOLLAR COST OF THE PROGRAM SHALL
BE AWARDED TO AND AMONG BLACK AND HISPANIC VENDORS
AND SUPPLIERS
ACCEPTING THE BIDS OF SOUTHEAST OFFICE•INTERIORS AND
THOMAS RUFF AND COMPANY/DEPARTMENT OF FIRE, RESCUE
AND INSPECTION SERVICES
ACCEPTING THE BID OF AIDCO,INC. FOR FURNISHING
ONE TRANSMISSION TEST BENCH TO THE DEPARTMENT OF
BUILDING AND VEHICLE MAINTENANCE
ACCEPTING THE BID OF MOTORONA,INC. FOR FURNISHING
COMMUNICATIONS BASE STATION REPEATERS TO THE
DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE
TO PERMIT BASHEVA WRIGHT TO PARTICIPATE IN THE HOME
RENOVATION AND REHABILITATION PROGRAM
CLAIM SETTLEMENT—ROBERT D. VASQUEZ — EUGENE E.
WILLIAMS
CLAIM SETTLEMENT—EUGENIO L. ARENCIBIA Y MARIA ELENA
ARENCIBIA
CLAIM SETTLEMENT —EARNEST ANDERSON
ALLAPATTAH INDUSTRIAL AREA HIGHWAY IMPROVEMENT
PHASE I — H-4485
BID OF RE—GRA CONSTRUCTION CO. FOR EAST ALLAPATTAII
HIGHWAY IMPROVEMENT DISTRICT H-4481
PUBLIC HEARING OBJECTIONS ROENCA CORPORATION /
KIRKLAND SANITARY SEWER IMPROVEMENT SR-5478 (CENTER
LINE SEWER)
MEETING DATE:
April 6, 1983
COMMISSION
RETRIEVAL
ACTION
CODE NO.
R-83 79
R-83-291
R-83-292
R-83-296
R-83-297
R-83-299
R-83-300
R-83-301
R-8 3— 302
R-83-303
R-8 3-304
R-8 3— 30 5
R-83-306
R-83-307
R— 8 3— 308
83-279
83-291
83-292
83-296
83-297
83-299
83-300
83-301
83-302
83-303
83-304
83-305
83-306
83-307
83-308
DEX
ULD
mil
11 1 1 1 1
ITEM 1
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
COMPLETED WORK OF ROMA CONSTRUCTION INC FOR CITY OF
MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL
CENTER -FINISHES AND MILLWORK PROJECT I R-83-309
ACCEPTING COMPLETED WORK/FRANK J. MORAN INC. FOR VIRRIC
GYM RENOVATIONS I R-83-310
ACCEPTING BID OF GOLDEN EAGLE ENGINEERING/CENTRAL
DRAINAGE PROJECT E-53
R-83-311
ACCEPTING: THE BID OF MARKS BROTHERS COMPANY FOR
CENTRAL DRAINAGE PROJECT E-53
R-83-312
RESOLUTION GRANTING A 27, COST -OF -LIVING INCREASE?
TO THE CITY CLERK: RALPH G. ONGIE, EFFECTIVE
APRIL 1st, 1983
R-83-313
RESOLUTION GRANTLNG A 2% COST -OF -LIVING INCREASE
TO THE CITY ATTORNEY: JOSE GARCIA PEDROSA,EFFECTIVE
APRIL 1, 1983
R-83-314
ACCEPTING $133,532.00 FROM THE U.S. DEPARTMENT OF
AGRICULTURE FOR A SUMMER FOOD SERVICE PROGRAM FOR
CHILDREN
R-83-315
AGREEMENT WITH METROPOLITAN DADE COUNTY FOR THE
EIGHTH YEAR FOR CERTAIN SOCIAL SERVICE AND ECONOMIC
DEVELOPMENT ACTIVITIES
R-83-316
CITY OF MIAMI POLICY CONCERNING BUSINESS RELOCATION
ACTIVITIES WITHIN THE SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AREA,
R-83-317
ACCEPTING GRANT FROM FLORIDA DEPT. OF NATURAL
RESOURCES IN CONNECTION WITH BLUE LAGOON PARK
R-83-318
AGREEMENT TO PROVIDE PROFESSIONAL SERVICES FOR THE
FACADE RESTORATION OF THE FLAGLER (BUTLER)
BUILDING USING PARKS FOR PEOPLE BOND FUNDS
R-83-319
AGREEMENT FOR FULLER AND SADAO P.C. FOR THE BAYFRONT
PARK REDEVELOPMENT PROJECT
R-83-320
AGREEMENT WITH CAPITAL IMPROVEMENT DEVELOPMENT,INC,
TO FACILITATE AN INSURANCE BUSINESS DEVELOPMENT
'PROGRAM
R-83-321
STUDY ON THE FEASIBILITY OF UNDERGROUND PARKING
IN DOWNIT014N IIIAMI/DEPARTMENT OFF-STREET PARKING
AUTHORITY
R-83-322
TO ACCEPT EQUIPMENT PURCHASED AT NO COST TO THE CITY
FROM FEDERAI. EMERGENCY MANAGEMENT AGENCY FUNDS (FEMA)
DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES
R-83-323
83-309
83-310
8 3- 311
83- 31.2
83-313
83-314
83-315
83-316
83-317
83-318
83-319
83-320
83-321
83-322
83-323
F
JoculViENT,
ND X
PAGE fk 3
CONTI-HUED
IT04 NO. DOCUMENT IDENTIFICATION C M ONRETRIEVAL'
31 IMPROVED PROVISION 017 PRIMARY SCHOOL FACILITIES AND
SERVICES IN THE SOUTHSIDE/BRICKELL NEIGHBORHOOD OF THE
CITY OF MIAMI R-83-324 83-324
32 FEE FOR USE OF THE ORANGE BOWL STADIUM FOR FOOTBALL
EVENTS BY DADE COUNTY HIGH SCHOOLS R-83-325 83-325
33 APPOINTING FIRM OF LAVENTHOL AND HORWATH AS -
CONSULTANTS/CONVENTION CENTER GARAGE/,TAMES L. KNIGHT _
INTERNATIONAL CENTER R-83-326 83-326
34 EMERGENCY PURCHASE OF THE CITY OF MIA�II/UNIVERSITY
_ OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER
INTERTOR GRAPHICS R-83-327 83-327
'S WASTE COLLECTION LICENSES TO
M. J. PERROTTA
MADELU ENTERPRISES
UNITED SANITATION SERVICES --
MILLO TRASH SERVICE CORP L. ;ICWILLIAMS AND DAVID MCWILLIAMS R-83-328 83-328
36 AGREEMENT CROWDER, MAHONEY, MAKOWSKI, RICE AND
ASSOCIATES,INC. PROFESSIONAL SERVICES FOR _
CONSTRUCTION PROJECTS. R-83-32.9 83-329
37 TASK FORCE/EAST LITTLE HAVANA FOR REVITALIZATION
ACTION PLAN R-83-330 83-330
38 OPERATION OF HYDROFOIL WATERBUS R-83-331 83-331
39 TELECONFERENCE IN BAYFONT PARK AUDITORIUM INRE:
"BUY AMERICAN CAMPAIGN". R-83-332 83-332
40 GRANT PROGRAM TO THE U.S.DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT (HUD) REQUESTING FUNDS IN
THE AMOUNT OF $10,005,000.00 R-83-334 83-334
41 EXPRESSING OPPOSITION TO THE PENDING "RAISE BILL"
INTRODUCED BY FLORIDA SENATE PRESIDENT CURTIS
PETERSON. R-83-336 83-336