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HomeMy WebLinkAboutCC 1981-12-10 Minutes�S ;XN't e Ju L AMID J'0�- _ E 1 K OF MEETING HELD Ohl December lo, 1981 (REcMAR) PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL. (REGULAR) SmcT (DECEMBER 10, 1981) rsoWTIONOL. Pf NO, 1 PROPOSED EXTENSION OF AGREEMENT WITH HOWARD V. GARY, CITY MANAGER DISCUSSION • 1-5 2 ESTABLISH POLICY OF THE CITY COMMISSION OF NO AUTOMATIC COST OF LIVING INCREASES FOR THREE CITY OFFICIALS APPOINTED BY THE COMMISSION M-81-1015 6-14 3 MOTION PERMITTING CITY MANAGER TO RETAIN RECENT 10% SALARY ADJUSTMENT. M-81-1016 14-16 4 REQUEST CITY MANAGER TO ESTABLISH GUIDELINES FOR SALARY ADJUSTMENTS TO THE TOP OFFICIALS OF THE CITY DISCUSSION 17-18 5 DISCUSSION: FUNDING FOR NEW WORLD FESTIVAL DISCUSSION 18-22 6 AUTHORIZE TEMPORARY HOUSING OF METRO FIRE RESCUE UNIT R-81 -1017 22-23 7 EIMERGENCY ORDINANCE: 1982 ASTA WORLD TRAVEL CONGRESS ORD. 9354 23-24 8 EXECUTE AGREEMENT: 1982 ASTA WORLD TRAVEL CONGRESS R-81-1018 24-25 9 FIRST AND SECOND READING ORDINANCE: RESTORATION OF SERVICE CREDIT ETC. ORD. 9355 25-26 10 FIRST AND SECOND READING ORDINANCE: NEW T & A FUND: STRESS CONTROL TRAINING COURSES FOR POLICE OFFICERS. ORD. 9356 27 11 EXECUTE AGREEMENT: STRESS SERVICES-VALLE- AXELBRAND AND ASSOCIATES. R-81-1019 28 12 FIRST AND SECOND READING ORDINANCE: INCREASE APPROPRIATION FOR GENERAL OBLIGATION BONDS. ORD. 9357 28-29 13 FIRST AND SECOND READING ORDINANCE: PROVIDE CERTAIN CHANGES TO TAX RATES FOR ADMISSIONS TO MARINE STADIUM ORD. 9358 29-30 14 FIRST READING ORDINANCE: REIMBURSE COMMUNITY DEVELOPMENT DEPARTMENT MEDIA II CONTRACT. FIRST 30 READING 15 PROVIDE FOR ISSUANCE OF $21,000,000 FIRE FIGHTING FIRE PREVENTION AND RESCUE FACILITIES BONDS OF THE CITY OF MIAMI R-§1-1020 31 16 AUTHORIZE AGREEMENT: DADE COUNTY SEVENTH YEAR COMMUNITY C.D. BLOCK GRANT PROGRAM FOR CERTAIN SOCIAL SERVICES. R-81-1021 31 17 AUTHORIZE AGREEMENT: SYSTEMS IN EDUCATION TRAINING CORPORATION CETA TITLE II-B PARTICIPANTS AND OVERTOWN EX -OFFENDER PROGRAM. R-81-1022 32 18 AUTHORIZE AGREEMENT: MARTIN TECHNICAL COLLEGE CETA II-B PARTICIPANTS IN THE OVERTOWN-UNEMPLOYED PROGRAM. R-81-1023 32 19 AUTHORIZE AGREEMENT CONTINUING OFFICE OF INTER- GOVERNMENTAL COORDINATION AND LIAISON FOR FY-82. R-81-1024 33 J n a hn, 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 9 Al (REGULAR) &MCT (DECEMBER 10, 1981) AUTHORIZE INCREASE IN ALLOCATION: C.D. BLOCK GRANT FUNDS TO OVERTOWN ECONOMIC DEVELOPMENT CORPORATION ACCEPT RIDS: FOOD AND BEVERAGE CONCESSIONS AT MISCELLANEOUS CITY PARKS. AUTHORIZE AGREEMENT: ALBERT R. PEREZ ASSOCIATES, P.A. LANDSCAPE ARCHITECTURAL SERVICES -RIVERSIDE PARK. AUTHORIZE AGREEMENT: R.C. TROTT, CONSULTING ENGINEERS, INC. TECHNICAL PROBLEMS IN POLICE AND FIRE RADIO SYSTEMS. WAIVE REQUIREMENT OF FORMAL SEALED BIDS: TWO DISKS DRIVES AND ONE TAPE DRIVE FOR DEPARTMENT OF COMPUTERS AND COMMUNICATIONS. RESCIND RESOLUTION 81-618 WITH METRO ELECTRIC SERVICES AND AUTHORIZE AGREEMENT WITH MET CONSTRUCTION INC. FOR MIAMI SPRINGS GOLF COURSE. IRRIGATION SYSTEMS. GRANT RIGHTS AND PERMITS TO METRO TO MAINTAIN BRIDGE TYPE STRUCTURES, FOUNDATIONS, SUPPORT AERIAL GUIDEWAYS FOR RAPID TRANSIT SYSTEM, STAGE 1, INCREASE SCOPE OF CONTRACT. COMPLETION OF DORSEY PARK DEVELOPMENT AND RENOVATION. APPOINT TWO MEMBERS TO THE CIVIL SERVICE BOARD. ALLOCATE $676,543 FY 81-82 FEDERAL REVENUE SHARING FUNDS TO PREVIOUSLY FUNDED SOCIAL SERVICE AGENCIES. INSTRUCT CITY MANAGER TO PREPARE SCHEDULE FOR GRADUAL PHASING OUT OF CITY OF MIAMI DAY CARE OPERATIONS TO INCLUDE AFTER SCHOOL CARE PROGRAMS. DISCUSSION ITEM: AGREEMENT WITH MIAMI DADE COMMUNITY COLLEGE CLERICAL SKILLS CETA TITLE II-B PARTICIPANTS. DISCUSSION ITEM: LOCATION FOR NEW STADIUM AT BUENA VISTA, ESTABLISH DEC. 15 TO FURTHER DISCUSS. APPOINT AL CARDENAS AS CHAIRMAN OF THE CITY OF MIAMI SISTER CITY ADVISORY BOA--RD. APPROVE RECOMMENDATION OF ADMINISTRATION FOR FUNDING OF KWANZA FESTIVAL DISCUSSION OF ARCHITECT SELECTION FOR DINNER KEY MARINA. OPEN BIDS: KIRKLAND SANITARY SEWER PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS. FIRST READING ORDINANCE: REMOVAL OF MEMBERS DOWNTOWN DEVELOPMENT AUTHORITY. PAGE #2 tDINANCE0�j SOLUTION tr0, PAGE W, R-81-1025 33 R-81-1026 34 R-81-1027 1 35 R-81-1028 35 R-81-1029 1 36 R-81-1030 36 R-81-1031 1 37 R-81-1032 R-81-1033 R-81-1034 M-81-1035 DISCUSSION DISCUSSION M .81-1036 M-81-1037 DISCUSSION DISCUSSION DISCUSSION 1ST READING 37 38 39-40 43 44-49 49-50 50-51 5 1-54 55-73 74 75 75 Ito C41PSWgMAMI; FLORIDA PAGE # 3 �i wwcE PAGE HO t�50U�Ti4N � (REGULAR) RUCT (DECEMBER 10, 1981) , DISCUSSION ITEM: FOUNTAIN IN BAYFRONT PARK OF THE AME DISCUSSION RICAS- DISCUSSION ITEM: ROY KENZIE REGARDING OUTDOOR CAFES BEING PERMITTED IN DOWNTOWN AREA. DISCUSSION APPOINT DR. CLYDE CROSKEY JR. AND ILEANA ROS TO THE CITY OF MIAMI FESTIVAL ADVISORY COMMITTEE. R-81-1038 ALLOCATE $9,000 TO COCONUT GROVE ASSOCIATION INS. (THIS MODIFIES RESOLUTION NO. 81-1040). M-81-1039 DISCUSSION ITEM. USE OF VACANT FIRE STATIONS APPOINT FIRM OF LAVENTHOL AND HORWATH AS CONSULTANTS TO PREPARE SCHEDULE OF RENTS, RATES, FEES AND CHARGE; FOR SERVICES FURNISHED FOR THE CONVENTION CENTER GARAGE. CONSENT AGENDA BID ACCEPTANCE: PITMAN PHOTO, INC. FOR PHOTOGRAPHIC SUPPLIES BID ACCEPTANCE: VARIOUS SUPPLIERS FOR FURNISHING AMMUNITION TO THE DEPARTMENT OF POLICE AT A TOTAL COST OF $76,846.20 AUTHORIZE CITY MANAGER AND CITY CLERK TO EXECUTE QUI' CLAIM DEED CONVEYING TEN FOOT STRIP TO 1690 SOUTH BAYSHORE DRIVE LANE INC. BID ACCEPTANCE: JOE REINERTSON EQUIPMENT CO. WYNDWOOD C.D. PAVING PROJECT -PHASE VI,BID "B" BID ACCEPTANCE: GOLDEN EAGLE ENGINEERING CONTRACTORS INC. WYNDWOOD C.D. PAVING PROJECT. PHASE VI, BID "A". BID ACCEPTANCE: F.R.E. CONSTRUCTION CO., INC. S.E. 4TH STREET PAVING PROJECT. EXPRESS INTENT OF THE CITY TO COMPLY WITH STATE OF FLORIDA STANDARDS REGARDING EROSION, ENVIROMENTAL AIR AND WATER QUALITY STANDARDS IN ALL CONSTRUCTION PROJECTS. LATIN QUARTER EDA PROJECT. EXECUTE AMENDMENT TO AGREEMENT: MEDIA II, INC. ADVERTISING FOR TRADE AND COMMERCE DEVELOPMENT CONFIRM ASSESSMENT ROLL: MANOR SANITARY SEWER IMPROVEMENT SR-5437-C AUTHORIZE CITY CLERK TO ADVERTISE FOR SEALED BIDS: CONSTRUCTION OF KOUBEK SANITARY SEWER SR-5477-S R-81-1040 DISCUSSION R-81-1041 R-81-1042 R-81-1043 R-81-1044 R-81-1045 R-81-1046 R-81-1047 R-81-1048 R-81-1049 R-81-1050 R-81-1051 76- 77-78 78-82 83-86 86-93 93 94 94 94 95 95 95 96 , 96--97 97 98 50 51 52 53 54 55 611 57 58 59 60 61 62 63 64 65 66 1� 1 C1 0 V 3 (REGULAR) aucT (DECEMBER 10, 1981) AUTHORIZE CITY CLERK TO ADVERTISE FOR SEALED BIDS: CONSTRUCTION FOR KOUBEK SANITARY SEWER IMPROVEMENT SR-5477-S CLAIM SETTELMENT: BILLY PRITCHETT. AUTHORIZE ADDITIONAL SALE OF 200,000 YARDS OF FILL FROM VIRGINIA KEY SUBJECT TO PAYMENT OF PREVIOUS SALE. DISCUSSION ITEM: STUART SORG PROPOSALS FOR VISITING SHIPS, HYDROFOIL OPERATIONS, ETC. WAIVE RENTAL FEE FOR USE OF COCONUT GROVE EXHIBITI01 CENTER FOR TESTIMONIAL RECEPTION FOR FATHER THEODORE R. GIBSON. WAIVE RENTAL FEE FOR USE OF BAYFRONT PARK AUDITORIUI LITTLE HAVANA ACTIVITIES AND NUTRITION CENTERS OF DADE COUNTY. WAIVE RENTAL FEE FOR USE OF COCONUT GROVE EXHIBITI01 CENTER: DADE DEMOCRATIC 1982 CONVENTION. FORMALIZING RESOLUTION: CHANGE MEETING DATE TO DECEMBER 15, 1981. WAIVE ONE HALF RENTAL FEE FOR USE OF MIAMI BASEBALL STADIUM: CUBAN ASSOCIATION OF BASEBALL PLAYERS. AMEND PRIOR MOTION REGARDING CONGRESS OF LATIN AND AMERICAN CARIBBEAN MUNICIPALITIES BY ADDING THE DOLLAR AMOUNT $50,000. ALLOCATE $25,000 TO RESTORE ONE POSITION IN THE MAYOR'S OFFICE WAIVE RENTAL FEE FOR USE OF BEYFRONT PARK AUDITORIU MISS MIAMI PAGEANT. APPROVE IN PRINCIPLE PROGRAM PRESENTED BY H.A.C.A.D PROPOSED ALLOCATION TO HAITIAN AMERICAN COMMUNITY ASSOCIATION TO DADE. SEND TO MEMORIAL COMMITTEE FOR RECOMMENDATION: PROPOSED RENAMING OF PORTION OF N.W. 2 AVENUE IN HONOR OF EUGENIO MARIA DE HOSTOS. GRANT ASSISTANCE N.T.E. $2,500 FOR COMMITTEE FOR CULTURAL DECLAMATION AND ORATORIAL CONTEST. DISCUSSION ITEM: HISPANIC WORLDS FAIR DISCUSSION ITEM: SHOWMOBILE AT AROUND THE WORLD FAIR AT THE MUSEUM OF SCIENCE. PAGE / 4 tSD,w iorr°�o� IPgG'E Np, R-81-1052 R-81-1053 M-81-1054 DISCUSSION M-81-1055 M-81-1056 M-81-1057 R-81-1058 M-81-1059 M-81-1060 M-81-1061 M-81-1062 M-81-1063 M-81-1064 M-81-1065 DISCUSSION DISCUSSION 1 98 99 99-100 101-102 103 104 105 106 108 109-110 113-114 i� 2., C1#9SWffF IAA , R&DA PAGE # 5 1 s (REGULAR) (DECEMBER 10, 1981) Sl,�,�C"i 1NANCE0� rsOLUTION n0, PAGE NO$ 67 DISCUSSION ITEM: CLEAN UP CAMPAIGN DISCUSSION 114-11F 68 EXECUTE LEASE AGREEMENT: OFF STREET PARKING FOR LEASE OF CERTAIN SPACE FOR LAW DEPARTMENT IN OLYMPIA BUILDING. R-81-1066 116 69 APPROVE CITY MANAGERS SELECTION FOR ORIGINAL MURAL FOR SOLID WASTE ADMINISTRATION BUILDING. R-81-1067 116-11, MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the loth day of December , 1981, 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 9:05 O'clock A.M., by Mayor Ferre with the following members of the Commission found to be present. ALSO PRESENT WERE: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre Howard V. Gary, City Manager George F. Knox, City Attorney Ralph G. Ongie, City Clerk Matty Hirai, Assistant City Clerk An invocation was delivered by Vice -Mayor Joe Carollo, who then led those present in a pledge of allegiance to the flag. A motion to waive the reading of the minutes was introduced and seconded and was passed unanimously. 1. PROPOSED EXTENSION OF AGREEMENT WITH HOWARD V. GARY, CITY MANAGER Mayor Ferre: But in the meantime, why don't we begin with Item 28. Alright, Commissioner Dawkins the Chair recognizes you. Mr. Dawkins: Mr. Mayor and fellow Commission members, with the system being one of every election certain individuals are let to work at the Commission's discretion. and wherein we have a City Manager who becomes a break in between the elections. I would like to make a motion that the City Manager's contract be extended to end with the present time that the city Manager... I mean, I'm sorry. The City Attorney and the City Clerk's agreements in so that there will be continuity wherein a Commission coming in would have the pleasure of renewing this agreement or not renewing it. Mayor Ferre: Alright, Commissioner Dawkins, has put this in the form of a motion, is there second to the motion? - Mr. Plummer: I second the motion. Mayor Ferre: Alright, the motion has now been seconded under discussion. Let me, if I may take the prerogative of the Chair and try to put this into some' kind of a prospective. In the first place the change in the procedures of remuneration for the Manager which is ancillary, but germane issue to what we are discussing now is the result of Ralph Ongie. Ralph? Mr. Ongie: Yes, sir. Mayor Ferre: Let me remind you how it happened. Plummer and I were the only two members that were here. In the year 1977 Ralph Ongie came to me, went to Plummer and went to Rose Gordon as I recall and to Gibson, because Joe Grassie had unilaterally and arbitrarily decided that Ralph Ongie was not going to get a raise. You remember that? That affected the City Clerk and the City Manager. DEC 101981 I don't wish to say that the reporters of the Miami Herald and the Miami News are inaccurate, because they usually are not, but they are in this occasion. When the editorials of the Herald this morning and the News yesterday and the articles that have been written say a practice of long standing. The long standing is 1977. The reason... Up until that time the Managers in the City of Miami never, never got increases without the express approval and authority of the City of Miami Commission. They always came before the Commission. The first time that, that occurs is when there was a confrontation right here in this Commission between what Ralph Ongie had requested and the Commission at that point made a motion that whatever had been agreed in the bargaining table on negotiations should be extended to the members of the Administration that reported to the City commission. Namely, the Manager, the City Attorney and the City.Clerk. Now, that is the beginning of this whole process, 1977. Now, the second point that I want to make is that in the year 1980, Howard Gary becomes Manager on the 16th day of April of 1980. It was in June that this Commission discussed the question of a contract. The Commission voted for an agreement of compensation which is a question of legal interpretation in which I am not getting into. That agreement of compensation was agreed upon by the Commission and the vote of that time was three to two, but it was the will of the majority and so be it. That contract at the request of Theodore Gibson, who was the maker of the motion was retroactive until April 16th and as you recall the original motion was that it be a two year contract. At that time I tried to compromise by saying I am in agreement with giving the Manager a one year contract, if you will, and fixing all of these things and basing the extension on a review process. The Commission decided otherwise. And the end result was an eighteen month contract that was based... that would go from April until October which was the end of the fiscal year, which ended in October, the purpose of which would be to give the Manager the flexibility and security of working without the interference of the political process and the members of the City of Miami Commission. Now, I might remind both newspapers who are editorializing now a little bit differently that at that time they editorialize in favor of the contract because it was in the best interest of political stability. They thought it was good, so that the politicians would not interfere in the process of the Administration. Now, that was concluded and part of the motion that was made included, if I'm not wrong J. L., a yearly review and it was based and I at that time requested that the Broward County Commission give us the yearly review that they had adopted and it was similar. In fact, it was identical to one that was proposed by the American City Managers Association and that was what we basically agreed to even though it was not part of the motion that we would do on the yearly review. Alright, that yearly review obviously has not come up because the contract was agreed upon in June. So, not six months have gone by. The anniversary of that contract would be in June or if you want to take the day that Mr. Gary started it would be back on April 16th. Now, the question of the extension at this point when six months have gone by rather than waiting for the year review period, I think creates some questions that have to be discussed. The matter of salary I would like to just.... Mr. Dawkins: Mr. Mayor, may I interrupt you. I am not proposing salary. I did the... as you said the salary question was put up by the media. Right now my concern Mr. Mayor, is that since I have been on this Commission I have constantly heard it said that there are enough votes to fire the Manager. As a minority member knowing that the last hired is the first fired, I feel within my heart that Mr. Gary could perform his duties much more safely and securely if we were to extend the contract to the point where I would not have to feel that he would be threatend. Now, this agreement or this contract, this whatever you want to call it, it only deals with and if I'm in error I wish the City Attorney would correct me, it only deals with compensation in the event that Mr. Gary is discharged for malfeasance or misfeasance and that is the only thing I am asking is that this be extended to coincide with the other'two ending, that's all. Mayor Ferre: Commissioner Dawkins, I... of course, you asked to interrupt my statement, that's fine. I have got no problems with that. This is much too important issue for me not to have my total say and I will talk about this matter as t think it should be discussed in its totality and I would grant you the same privilege. Mr. Dawkins: 'That's your privilege Mr. Mayor. Mayor Ferre: Now, as I was saying on the question of salary which I think is part and parcel of this whole discussion. Let me start by saying that you may have seen in yesterday's newspaper that Howard Shellenberg, the coach of 02 DEC s 01 81 the Miami Hurricane football team and Jim Maclamore is here and he knows this fr,Dm the University of Miami Board of Trustees was just granted a contract for eighty-five thousand dollars and yet at eighty-five thousand dollars Coach Shellenberg is the least paid of the big three coaches in the University system in Florida. And the coach at Florida State University is paid a hundred thirty thousand dollars to coach a football team. Now, I don't want to speak in a derogatory way in anyway about the importance of being a coach of a football team, of a college football team, but the certainly the Manager of a City that has over three thousand employees and a yearly budget of a hundred twenty million dollars and assets in the billions of dollars has got to be worth a hell of a lot more than a football coach or a university and the football coach that is least paid in this state is eighty-five thousand dollars. 'So, I don't think that the money... I know that there are a lot of poor people where sevent thousand dollars is a lot of money and a lot of people that don't make seven thousand dollars which is the yearly -increase that is the subject of the discussion in the press now, but the fact is that in a market place and thank God we live in a free economy where there is a market place, a president of a corporation that would have three thousand employees, I can't think, I challenge anybody to tell me of any corporation in America that has three thousand employees where the president of that corporation make seventy thousand dollars. So, the money in itself is not the main consideration, but there is a question of procedure. Now, so the question therefore, of salary is not... the amount is not in my opinion the germane question. It's a question of procedure and of the Commission. Now, let me address myself to the contract itself and then I will let somebody else have a crack at talking on this. We have a City Manager form of goverment. A City Manager form of government is different from the elected executive like they have in Maryland or the strong Mayor which is the majority of the cities in America. In the majority of the cities of this country the chief administrator of a city is elected. He goes to the electorate, people elect him and he is the chief administrator for two years or for four years. That's how it happens in Hialeah. In Miami like in Metropolitan Dade County we have another form of government. We have a Manager/Commission form of government. Now, in that form of government the Administration of the City, the Administration of the City is in the hands of a Manager who is not elected, but is selected and he is selected by the majority of the Commission so that three people in this particular government make the decision. Now, the Constitution of the City is the City Charter and the City Charter specifically says that the City Manager will serve at the will of the Commission. Now, anything other than that is a bypassing or a subterfuge on the Charter, the Constitution of this City. Now, I realize that we can split hairs about whether or not a contract for compensation is in and of and by itself a contract as defined by the Charter, but the fact is that when a person is compensated to the extent and you are talking now, if you extend this for two years or for an additional six month period to conincide with November of 1983, you are talking of an amount which is in exceed of two hundred thousand dollars between the direct payment and the benefits and it is my opinion that if that is the will of this Commission, that we should then change the Charter, submit it to the electorate for a vote and make the decision and either go to an elected City Manager like Maryland has with the constraints that the chief operating officer will be elected, but he must follow a civil service procedure where he has to have an appointed... with the consent of the legislative body to run the City or if that's the will of the people that we select a process where the Manager is automatically locked in and does not serve at the will of the Commission, but rather serves at the inception of that Commission and then is locked in either practically or theoretically for a two year period, then I think that's something that we must deal with. But I think to do it any other way is really to circumveKt the reality of the City of Miami's structure as'it exist today and I would submit to you that we should not tamper with it that way. Now, that has nothing to do with my personally regard for the present City Manager, for my support of him individually, for my support of him as the City Manager and for his compensation which are separate matters. I do not think that we should involve ourselves �n this type of a process at this point and my recommendation is that we vote this matter down and that we in turn wait until April 16th when we go into our evaluation and deal with it at that time. Anybody else? Mr. Plummer: Mr. Mayor, I heard what you say and I respect your right to your opinion as you have always done for mine. As you are aware, I voted for the agreement with Mr. Gary last year and I think even more so on the grounds that I voted for it before I seconded the motion and will vote for it today. One of the problems of being around for a long time, eleven years, is you see change, some good and some bad. The one thing that has always been the 493 DEC 10 1981 stability of the City of Miami has been in the past that very clear cut line between the Administration and the legislation. I think that this agreement between Mr. Gary and the City gives that clear cut situation even more emphasis. There are those who have said that this never existed before and as it relates to being on paper, that's true, but Mr. Mayor, you or I have not seen during our tenure, may be you did because I think it came up once before. The Charter provides for malfeasance or misfeasance, to my knowledge there has never been a City Manager removed from office based upon charges, there was an attempt. I in this brief thing will say to you, Mr. Mayor, I don't have to wait for the evaluation in April. I sit here with pride and tell you that I think Mr. Howard Gary has done one hell of a good job for the City of Miami. There is no question of what he did with the cable t.v. Miami was fortunate that we came out with probably one of the finest, the toughest ordinances that was ever written in the United States. I have watched him as you have watched him and I think he has handled himself as a City Manager very well. Reiterating the points, when I voted for him that he had a good background, not in City Government, but this City's government and it was beneficial. I think Mr. Mayor, that it has always been and still is that the City Manager serves at the whim of this Commission irrespective of a piece of paper, because if he violates that piece of paper, you don't have to buy it out, you don't have to buy it out at all. It's only if the political arm of this city decides they don't want him, then you have got to buy him out. If he does something wrong of malfeasance or misfeasance, he doesn't get a dime, same as what's in the Charter today. It's just if this political situation, the arm of political decides they don't want him he is gone. And I think a man is entitled to have some protection to know that he is not here on a short term basis, but he will be here from what we have commonly referred to as administration to administration. I think it is well warranted that this extension should run concurrently as has been the practice that every election we see the appointment of the Manager, the Attorney and the Clerk. Mayor Ferre: Alright, any other comments? Mr. Plummer: Excuse me, Mr. Mayor, I reserve further comment as it relates to compensation. Mayor Ferre: Of course. Yes, me too. You said a couple of things that I want to answer, but I am going to give everybody their say. Mr. Carollo: Well, Mr. Mayor, I think we are only taking one part now, that is the part of the contract. So, I will address myself only to that at this point and time. Out of the approximately eighty-five years that the City of Miami has existed as a City, eighty-four of this eighty-five years, a little over eighty-four of this eighty-five years City Managers in the City of Miami have not had a contract. They have been here as the Charter stipulates, to serve at the will of the Commission. Throughout those eighty-four years the City of Miami overall has been run well. The City of Miami has survived. I cannot agree with what some people are trying to use as a smoke stream for other personal alternatives, that if we do not give the City Manager an extension, an extension of a contract that is not up until October of next year... Mayor Ferre: In 1983. Mr. Carollo: I'm saying an extension, Mr. Mayor, of a contract that will not be up until -October of next year that all of the sudden the City is going to be in political chaos. Well, even though I have been here in this Commission for little over two years now the time that I have been here I have seen three City Managers, Mr. Grassie, Mr. Fosmeon and now Mr. Gary and frankly, I have to say that the City Managers no matter who they have been have probably played much more politics than any politician in this town. Yes, it's an elected position for us, it is an appointed position for the City Manager. Well, let's not kid ourselves, let's look at reality and life the way it really is. When Mr. Grassie left the City of Miami I was the first, the first member of this Commission when nobody else would dare vote for Mr. Gary, that*I voted for Mr. Gary, out of the present Commission I am one of the two members that are left, that voted for Mr. Gary when he was appointed the City Manager. The point is not, Mr. Gary, I don't care who is sitting up there, the point is that our City Charter is very clear, the City Manager serves at the will of the Commission. The point is that if we, the elected officials have to answer to a whole City, then why should not the City Manager have to answer to anyone. 44 DEC 1 01081 rr '- I think that the Miami News was correct when they stated in an editorial yesterday that we need a City Manager, not a prince. If Mr. Gary, knows that he cannot be touched for any reason, I think that, that's going to be a setback for the cizitens of Miami, all the citizens of Miami, because then Mr. Gary, or whomever will be sitting in that position, I'm not just saying Mr. Gary. I would have said the same thing if Mr. Grassie, Mr. Fosmoen, whomever would have been sitting there now and the City Manager would not be as stimulated to act in the overall best interest of the City of Miami. The point being is that if there was a contract that Mr. Gary drafted practically word for word, that the prior Commission in a majority of three to two voted for and that contract stipulated that it would expire in October and some three months before October we would then have a review to see if we would extend it or not, I see no reason why all of the sudden this would be brought up again. And let me say this, Steve, the biggest danger in government is not lying elected officials like ourselves, because if you are not happy with us you could recall us, comes td election time you could vote us down like happen to a previous member of this Commission. The biggest danger in government lies in the bureaucrats. The bureaucrats that are safe, either by civil service, either by contracts or what have you. The bureaucrats that you, the people of Miami cannot touch. And the bureaucrats some which are good, but those that are bad survive in their jobs because of politics. And ladies and gentlemen, that is the main reason why we are going through this today, because of politics on the part of some individuals. I think that some people acted in good faith, may be just not understanding totally what is going on here. I think there is some very handed politics that's going on. The bottom line is that the City Manager, whomever it is has to serve the will of the Commission just like our City Charter states. Therefore, that is my reason why I will not vote for this extension of this contract. And let me say this... let me ask George Knox this. George, a that's illegal under our City Charter, but a compensation agreement is not? Correct? Mr. Knox: A contract for employment is inappropriate under the Charter, but a compensation agreement is not inappropriate under the Charter. Mr. Carollo: Well, ladies and gentlemen, I think that even very young citizens could understand that what we are doing here is playing with words. We are calling a contract a compensation agreement to bypass the constitution of our City which is the Charter. In fact, so far just like happen when this contract was approved, even though it's called a "compensation agreement", everyone is calling it a contract including people that are in favor of the motion. Mayor Ferre: Alright, Mr. Perez. Mr. Perez: Mr. Mayor, in my first four weeks in office I would like to recognize the efforts of our City Manager, Mr. Gary. But I don't think that today we have a competency test. I think that, that's not the issue. The real issue is that we have a contract that is very clear and well defined and that we should abide by the terms of this contract. As a minority as mentioned by our Commissioner Dawkins, I believe that we have to preserve the credibility of our community. I read today the opinion of our City Attorney and I think that without any doubt we have to reevaluate or review this contract next April as you proposed at the beginning and I don't think that this is the real time to try to extend this contract. Mayor Ferre: Alright, any further statements? If not, call the roll. MOTION DEFEATED. On motion by Commissioner Dawkins acid seconded by Commissioner Plummer, the foregoing motion was defeated by the following vote: AYES: Commissioner Plummer and Commissioner Dawkins. NOES: Commissioner Perez, Vice -Mayor Carollo and Mayor Ferre. ABSENT: None. 05 DEC 10 1481. W r 2. ESTABLISH POLICY OF THE CITY COMMISSION OF NO AUTOMATIC COST OF LIVING INCREASES FOR 3 CITY OFFICIALS APPOINTED BY THE COMMISSION Mayor Ferre: Now, we also, of course, have this question that deals with the salary and Howard, again, let me say that the dollars are not... even though they are important, because seven thousand dollars is important. I dare say that there are many people in this room that don't make seven thousand dollars in one year, but I think that, that is not what's really before us at this point. I think what is before us is the question... is a procedural question which even though may not be as important as other things that we have to deal with since it deals with the City Manager and therefore the top of the administration. I think it is important that we discuss it and that we talk about the process. Now, as you recall when the discussion came up in June, I made the statement that Mr. Grassie was making sixty-two thousand dollars, not seventy thousand when he left. It was then injected into the discussion that Mr. Grassie was going to make seventy thousand in October. Father Gibson, then inserted that, that should be advanced, because after all you were doing a good job and you had been there since April and that why should we wait until October. So, your salary was placed at seventy thousand dollars in June, retroactive to April which was from April to October, at least six months prior to when the City Manager, the previous City Manager would have gotten it. I might point out that actually that was not the case because Grassie had left in August and that Fosmoen then inherited what was a naturally progression and so there is a lot of question as to how much who was getting and who should have gotten what? But the point that I don't think anybody can deny because that's the fact, is that you got in April what in effect was under the normal process would have occurred in October. We are now in December which is not two months after October of this year and so in effect, if we had not done anything you would have gotten an eight thousand dollar salary increase less than two months ago. In effect, what you did was not get a seven thousand dollar increase, it was a fifteen thousand dollar increase if we had followed the natural procedure without touching it at all. Now, what I think changes everything is the contract, and I think you can have the advantage of one system, with which I disagree, the contract, or you can revert back to the traditional system that Metropolitan Dade County uses. That means Merritt Stierheim and Porter Homer and everybody else and the City of Miami and that means Mel Reese and Grassie and Fosmoen and yourself, which is to be appointed at the beginning of the electoral process for a two year period and to receive the normal accruements of compensation that you normally would receive since 1977, since Ralph Ongie changed our system or you can stick to the contract. Now, I think that... I do not want to go into the areas of testing the contract because I think that there might be consensus here for avoiding that contract. But I do not... I think that, that would be much more disruptive and that would be much more detrimental to the process of good government and trying to bring this city to a peaceful state of mind and I am not going to in anyway get involved in that. It was the will of the majority and unlike some members of this Commission who once the majority expresses their opinion continued to find or looked for ways to disrupt the majority's will, I'm not going to do that. I am going to.,.. --I accept, even though I voted on the negative... that was the will of the majority, that is accepted and it is done and over with. Unless you want to Voluntarily remove that in which case... then I have no problems with that. In other words, go back to the traditional, historic, Charter based system of the City of Miami. If you do not want to do that, then it is my opinion that you are not entitled to that salary increase and that, that is something that we will deal with when we review your contract... I'm sorry, your yearly review, not a contract, which would be in April of this coming year and I think it's really that simple. Now, again, this has nothing to do with my personal support of you and my personal evaluation that you as Manager are doing a good job and that I would like for you to continue doing a good job. Mr. Dawkins: Mr. Mayor, it's amazing that individuals are put in positions where they have to be judged against performances of themselves... (BACKGROUND COMMENTS INAUDIBLE) 06 DEC 10 1�;81 Vi W Mr. Dawkins: It's amazing that at times individuals are placed in a position of defending themselves against odds or accusations that are not necessary. Now, Mr. Gary might have initiated the contract, the agreement, whatever it may be, but the Commission is the one who okayed that "contract agreement" or what have you. At the same time that same Commission worked with the budget which should have included the ten percent increase for Mr. Gary. There were budget workshops, there were two public hearings and I'm pretty sure that this Commission had to know that, that budget included a ten percent increase for the Manager, if it didn't, then someone slipped up. By the same token that eight percent increase was awarded October 6th, there was a meeting in October, subsequently, there were two Commission meetings in November and at no time did any member of this Commission deemed it necessary to inform the Manager that you have gone contrary to "the agreement, the contract". But when Miller Dawkins decided and I have no problems with being on the losing eqd of a vote, I will lose a many of them sitting up here. But what I vote for will be the convictions of Miller Dawkins, what Miller Dawkins believe in and that's it. But I cannot for the life of me understand why when Miller Dawkins suggested that Mr. Howard Gary be given job security, then those members on the Commission who had voted for the budget, which included a ten percent increase decides now we must castrate Mr. Gary... and that's my opinion now, not the Commission opinion, and say to him "you have violated the trust" and I refer you to Section "B" of the "contract agreement" Section 3, Paragraph "B". In the event the City at anytime during the employment term reduces the salary or other financial benefits of Howard V. Gary in a greater percentage than applicable across the board reduction of all city employees". Now, you are saying that we can reduce his salary in accordance with the one that we do with all other employees, but when it comes to the ten percent raise he does not get it. Can you explain to me, Mr. City Manager, the difference in that? I mean, I'm sorry, Mr. City Attorney. It's page 2, Paragraph "B". Mr. Knox: It appears that a reduction or a so-called across the board reduction would apply to the City Manager to the same extent that it would apply to the general employees and it could be said that logic would suggest that the corollary would be true. Mayor Ferre: It doesn't say that. If it meant that it would say so. Mr. Knox: It could be argued. Mayor Ferre: Mr. Mayor, you are not the attorney. If you have an opinion, you state your opinion. I asked a legal attorney for a legal opinion and I would like to have a legal opinion and then I will take your personal opinion. Mr. Knox: It could be argued that the corollary will be true, but as has been pointed out there is nothing within the four corners of the document that addresses that particular question. Mr. Carollo: Mr. Mayor, if I may for a second. I disagree with George. And George, I hate to keep reminding you, but you know, you haven't won all of them, you have been wrong. I know you believe the Judges have been wrong sometimes, but regardless, you lost a few in court. Section 4, on salary, and this, I think, is the key... the best direction that we could take in this contract and it's very, very clear. Section 4, Salary, (Ay. The City agrees to pay Howard V. Gary for his service rendered pursuant hereto to an annual based salary of seventy thousand twenty-nine dollars payable installments at the same time as other employees of the City are paid. (B). In addition the City agrees to increase said base salary and other benefits of Howard V. Gary in such amounts and to such an extent as the City Commission may determine that it is desirable to do so on the basis of an annual salary review and an evaluation of Howard V. Gary. I think that's very, very clear and in plain english and I don't think I need to be an attorney to understand that. Mayor Ferre: Alright, any other members of the Commission that have not spoken? George, did you want to clarify? Mr. Knox: Yes, I just wanted to sort of crystalize the question that may be before the Commission. In interpreting contracts the most important ingredient is what is in the minds of the parties at the time that the agreement is made. Mayor Ferre: More than what is written? That's more important? Mr. Knox: Well, when you try to interpret the words you can always look at the 07 DEC 10 1981 mr W, record or investigate the intention of the parties at the time that the words were used and I think to crystalize the question that may be before the Commission, the question would become, what did the Commission mean by base salary and whether or not the Commission knew or should have known that across the board increases for general employees applied also to the executive portion of the Administration, such that in interpreting any of the provisions including 3B or 4A, the question would have to be, what was in the minds of both parties to the agreement at the time that the agreement was entered into. Mayor Ferre: Alright, does anybody else want to express an opinion? Mr. Plummer: Well, Mr. Mayor, I don't want to express an opinion. I would like to find out from somebody in the know, where are we? Mayor Ferre: •Well, there hasn't been... Mr. Plummer: Is in fact, is an understanding or my understanding based upon the comments of Mr. Dawkins that it was provided for in the budget that Mr. Gary would be provided with the ten percent increase and I would assume... I'm going to assume, unless someone makes a motion to the contrary... Mayor Ferre: I'm going to make a motion. Mr. Plummer: Then I will abide by and wait for your motion. Mayor Ferre: I'm going to make a motion that speaks specifically to this and this is an issue that I think needs to be addressed, but I want to let everybody have their opinion and express their position and then I'm going to... somebody else doesn't make a motion, then I will make a motion to address the issue specifically and then I want to address it generally, because I think this is something that we need to establish a set procedure on. Mr. Carollo: Again, I think this is where the difference lies, in my interpretation and the other interpretation that has been given. What I referred to here was the section that's listed under this contract, Section 4, Salary. The other section that was referred to is listed under Section 3, Termination and Severance Pay, and I think that this is even more of a clear direction, that... Mayor Ferre: You want to read that section again? That's Salary, Section 4. That paragraph you just read. Mr. Carollo: Salary, Section 4. In addition the City agrees to increase set base salary and other benefits of Howard V. Gary in such amounts and to such an extent as the City Commission may determine, the City Commission may determine that is desirable to do so on the basis of an annual salary review and an evaluation of Howard V. Gary. You know, I cannot understand how there could be, you know, any mistake in this. Mayor Ferre: Well, I think the way to clarify this if everybody had their say so we can move on with this agenda, is that we can just make a statement of what the position of this Commission is. And the statement would simply be that we carry out Section 4 of the contract, namely, under the title of "Salary", which means that the Manager must come before this Commission for the discussion of any and all salary increases or benefits that are pertinent to him. Now, again, may I stress that the City of Miami Commission has three people that.work for it, not three thousand, three. The City Manager, the City Attorney and the City Clerk and I think, and I am going to make my motion in a broader sense that it is the clear intention of this Commission that the three individuals under the Charter who work for the Commission will only be increased in salaries or compensation by the City of Miami Commission in public after a public discussion and in the same way that we negotiate with the police officers and the fire officers and then we approve what has been contracted publicly. I think these three individuals that work for the City Commission should not have any automatic increase of any kind. It's something that we should discuss openly and publicly every year. And I think it shouldn't be limited just to the Manager. I think it's something that we should do for the City Attorney and the City Clerk also. And I think we have a fiduciary responsibility. A responsibility to the people who elected us to do this openly and publicly and after we evaluate the performance of the three people that work for us. And if somebody else wants to put it in a motion, I would accept it. Otherwise, I will make the motion myself. V, V, Mr. Carollo: Mr. Mayor, I will be more than happy to make it in the form of a motion. However, I would like to stipulate that when the case is that any one of those three individuals has a contract, then this Commission, unless changed by a majority of its members will stick to that contract. That's the only stipulation I would like to .include in that to make sure that it's understood and we didn't go through this again six months from now of what we meant or what we did not mean. Mayor Ferre: Is that in the form of a motion? Mr. Carollo: Yes, Mr. Mayor, that is in the form of a motion. Mayor Ferre:. Is there a second to that motion? Mr. Perez: I.second, Mr. Mayor, and I would like to specify that 7 would like to invite the Manager, the City Clerk, our City Attorney to come before the City Commission in order to discuss that matter. Mr. Plummer: Mr. Mayor, let me understand under discussion. I am in favor of the motion as long as we all understand what the rules are going to be and how they are going to be played by. It does not clarify in my mind that in fact the budget which we all approved does contain the cost of living increase for Mr. Gary, the City Attorney and the City Clerk clearly differentiated between a salary increase. Now, Mr. Mayor,,you and I have been around here for a long time and there has always been a very clear cut distinction made between a salary increase and a cost of living increase. You have voted for and I have voted for and voted against in the past where there was an automatic cost of living and then on top of that we have in fact given a salary increase. We both have voted on those kind of situations. In the Clerk situation, in the Lawyer and in the Manager. Now, my understanding is still not clear as to where we are today with this motion. Mayor Ferre: Let me clarify it for you, Mr. Plummer. I think what the sense of what the motion says and as I understand the feeling here, is that with regards to the three employees that report to this Commission nothing is automatic and nothing is assumed. It will be discussed publicly and the decision will be made publicly after an evaluation. And after this motion is finished I'm going to ask that another motion be made or will make the motion, that we specifically set a time certain in the next six months for the three individuals to come before this Commission, discuss their jobs, how they are performing, submit themselves to a discussion and question and at that time we will consider and evaluate their performance and we will take into account and consider their compensation. Mr. Dawkins: Well, then are we voiding the budget that includes the ten percent increase for the Manager, because if you are, then Mr. Knox, tell me how I can rescind the whole budget and stop all... whatever we have to do until you have cleared the fact and removed from the budget the fact that we have given--- not we, because I wasn't here---... the Commission approved in the budget that's approved a ten percent increase and now this Commission says that it is not going to honor the budget that was approved. So, now, tell me somebody since I am new and just got here, where does that put us? Mayor Ferre: Mr. Knox? Mr. Knox: Commissioner, the budget was adopted in the form of an appropriation ordinance which means that to the extent that there may be funds which remain unspent, then the City Commission by ordinance could make modifications. Mayor Ferre: At any time on any matter, any day. Mr. Plummer: Well, I think what is being said Miller, is that in fact the monies are there by the action of the Mayor's motion or Mr. Carollo's motion it doesn't remove the funds that are for that purpose, but it will be, I assume, discussed at a future meeting... Mr. Carollo: In the sunshine. Mr. Plummer: ... in the sunshine and in the rain so that we can understand. Mr. Carollo: No, it was already discussed in the rain, now we are going to discuss it in the sunshine. 09 DEC 101 31 M LJ Mr. Plummer: Well, Mr. Carollo, I won't go into a weather battle with you this morning. (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mr. Plummer: What I'm saying is very simple. (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mr. Plummer: My understanding is very simple, that nothing will change until the meeting in which the reevaluation is done. Mayor Ferrer. Ok, is there further discussion on this subject? Mr. Carollo: .Mr. Mayor, I would like to just bring one more thing -for discussion. What we are referring to here is only the positions of the three individuals that work directly for the Commission... Mayor Ferre: That's correct. Mr. Carollo:... not anyone under them? Mayor Ferre: That's correct. Mr. Carollo: I think that should be perfectly clear. Now, the other point that I think is only fair, may be it might complicate things a little more, but I think it's only fair, while Howard received an increase in his salary and I'm not going to get into these games of playing with words to get increase in salary or you know, whatever other words that want to be used. The bottom line is to getting more dollars, you know, on their pay check and this is, you know, what I'm looking at. He received an increase April, an increase that as we stated here was really not due until October, but I think in all fairness to our City Attorney, George Knox and our City Clerk, Ralph Ongie, they didn't receive their increase until much before that. So, I guess what we have to agree upon and if this is the will of the majority of the Commission I will go along with that, if we want to hold up George Knox, the City Attorney and Ralph Ongie, the City Clerk for an additional extension of time so that it could be timely with the City Manager. Mayor Ferre:I think Joe,the way to do that and I would recommend that for example, tie evaluate the City Attorney at the first meeting in January and the City Clerk in the second meeting in January and make it retroactive to the October... whatever we agree will be retroactive to October, which is really the day that the City Manager was supposed to receive that eight thousand dollar increase and it was really through the generosity and largess of Father Gibson and the Commission--- and I voted for it as you may recall--- that he got that eight thousand dollars in April, but in effect, it really was an October increase. So, October, I think, is the real key day and I think that the... after we review Mr. Knox and I think we have a motion and later on we will discuss, you know, the impact of this, but I think that we need to know--- I would like to know--- your compensation since you became City Attorney and what the progression has been and what the annual increases have been as part of the evaluation and I am ready to go on that in January, in the first meeting in January and make it retroactive to October, if that's the will of the Commission and the same thing with Ralph Ongie. I think October which is the fiscal beginning of the year is the key date in all of this. Mr. Carollo t Well, that's fine, Mr. Mayor, but again, I think this has to be clarified a little more and I rather do it now than do it another time. The point being is that why the City Manager has a contract the City Clerk and the City Attorney do not and what I wanted clarified is does that mean that the increase that the City Attorney and City Clerk receive is going to be taken away until we review it? Mayor Ferre: No, no, no. As you have stated now time and again and I have concurred and I think that's the way I read this, there is a difference between a contract and the established processed procedure. Now, I think that anybody who has a contract, in this case, the Manager, then he has to live by the four corners of that contract. Now, in the case of the City Attorney and the case of the City Clerk, I don't think that we are disrupting the process that the City of Miami has adopted up until now, but I do think that we need to revisit this whole thing and discuss it in a process of a reevaluation on a yearly basis as to how the Clerk is performing his duty and how the City Attorney is performing his duty. 10 DEC 401981 Mr. Plummer: Well, ok, then also for the record let it reflect that the City Attorney has already got his increase automatically, the City Clerk has got his increase automatically and if what we are in effect doing is trying to come across with a fairness for all, that's what I'm voting favorably on. And it will apply... Mayor Ferre: But the City Manager has a contract J. L.,... Mr. Plummer: I understand. Mayor Ferre: ... and therefore, he is not getting his automatically like he would have gotten if he didn't have a contract. Mr. Plummer: Mr. Mayor, I fully understand what you are saying and I will come forth with my arguements for the compensation at the proper time which I don't feel is now. We are not speaking to that according to this motion. This motion speaks to the fact that all will be held in abeyance until the evaluation of the three individuals, I think you said that work directly for us. That's fair and I will vote for that. Mayor Ferre: Alright, Mr. Clerk, do you want to read the motion back as you have it? Make sure we have got it right. Ms. Hirai: The motion as stated by Commissioner Carollo or the first one you made Mr. Mayor? Mayor Ferre: No, the motion that is on the floor now. I didn't make the motion, Carollo made the motion. Ms. Hirai: That in the case of any one individual that has a contract, that we should abide by the terms... Mayor Ferre: No, no, that was his modification to his original motion. Ms. Hirai: Oh, alright, that it is the clear intention of the Commission that the three individuals under Charter that work for the City Commission will only be increase for salary or compensation by the City Commission in public after a public discussion and in the same way that we negotiate with police and fire officers that we do in public, that these individuals who work under the Commmission should not be increased automatically. Mayor Ferre: And then there was a further modification. Now, read the modification that Carollo made. Ms. Hirai: And that furthermore, but specifically in the case of any one individual that has a contract that we should all stick and abide by the terms of that contract. Mayor Ferre: See, but the third thing that he said was that there was...that... (BACKGROUND COMMENT INAUDIBLE) Mr. Carollo: Well, I stated very clearly... I stated very clearly what I meant, Miller. Mr. Dawkins: Ok, well, then let her read it. Well, it should be on record then. Mr. Carollo: What I stated and I will repeat it again so it could be understood is that these guidelines that we are making will be the guidelines that will be followed from now on, but I don't think it's fair that the City Attorney, the City Clerk that do not have a contract, that now that because of what has happened with the City Manager which is not their fault, that there increase will be stopped. So,... Mayor Ferre: Fine, and that's stipulated. So, that's clear. Mr. Carollo: Very good. Mayor Ferre: Now, is there any question as to what we are voting on? Let me make sure I understand it and you stop me Mr. maker of the motion if I'm wrong. You are saying as I understand it, that the three individuals that work -for the City Commission will be evaluated and that their increases in salary will be discussed at the time of their evaluation. However, that the individual in this thing and the Manager who has a contract has to live by the terms of that contract... Mr. Carollo: I certainly am saying that Mr. Mayor. Mayor Ferre: ... and that the increases that have already been taken under the normal course of event by the City Attorney and the City Clerk stand. Mr. Carollo: That's correct. Mr. Plummer: Well, whoah, whoah now, whoah, whoah. Mr. Mayor, I want to recall to your memory about two agendas ago in which on those agendas were appointing of the City Clerk and appointing of the City Attorney and along side of those was a blank line for compensation for salary. And it was the ruling of the Chair at the time that, that matter would be deferred until later: They have not been given any increase at this point. Mayor Ferre: No, no, J. L.... Mr. Carollo: Well, is this true, Mr. City Manager, that they have not been given any increase at this point? Mr. Plummer: It was not voted on by this Commission. No, sir. Mayor Ferre: Alright, wait a minute, you are confusing apples and oranges and that's where we are getting confused here. Mr. Plummer: No, Mr. Mayor, I'm not making fruit salad, I know what I'm speaking of. Mayor Ferre: Mr. Plummer, we are talking about a merit increase on the one hand and we are also talking about the cost of living automatic increase, ok? Mr. Plummer: I hope you are, becausr.! then you are arguing exactly what I have been saying. Mayor Ferre: And what we are saying is with regards to those two individuals that do not have a contract, the Clark and the City Attorney, that whereas we have not talked about their additional compensation on a merit basis that they have already taken a cost of living; increase, is that correct, Mr. Knox? Mr. Knox: That's correct and I would like to add one more thing for you to consider, that the resolution that was presented to the City Commission on behalf of the City Attorney was not:. blank. Mayor Ferre: Was not what? Mr. Knox: Was not blank in terms of compensation and it called for a six percent increase such that if you at this time wish to make some evaluation at a future time, then you would have to rescind that resolution. But it is correct that the ten percent adjustment has been made. Mayor Ferre: The ten percent adjustment. Mr. Knox: Yes, sir. Mayor Ferre: That's exactly what I... Carollo is talking about ttat cost... and you have taken that too, haven't you? Mr. Carollo: That's correct. The City Manager made that clear that he ordered it to be given to them as I understood it. Mr. Ongie: The cost of living, yes. Mr. Gary: Let me correct the record. I did not order the City Attorney, nor the City Clerk to get a ten percent. It was automatically done in the payroll division, which has been the practice for over five years, at least since I have been here. So I did not order those two. Mr. Plummer: Mr. Gary, let me ask you a question. That which was automatic to them was a cost of living, is that correct? Mr. Gary: Yes, sir. 2 DEC 10 �;1 0 Mr. Plummer: Alright, is that what you took? Mr. Gary: Yes, sir. Mr. Plummer: They did not get a salary increase and you did not get a salary increase, is that correct? Mr. Gary: That's correct, sir. Mr. Plummer: Now, if you are going to play, you know, you... Mayor Ferre: There is no playing, Plummer, it's all on top of the table and it's very clear. Mr. Plummer: -But what I'm saying is the two individuals rightfully so have got a cost of living increase, rightfully so. We will at a later time as by your action Mr. Mayor, we deferred any increase in salary. There is a distinct difference between the two. Mayor Ferre: That's correct. Mr. Plummer: Mr. Gary, has not taken a salary increase. Mayor Ferre: That is correct. Mr. Plummer: Well, but that isn't quite what I have read in the journals. Mayor Ferre: Well, you talk to them. (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mr. Carollo: The bottom line of what my motion is and you know, what is happening here is that one of my dear colleagues--- I must stop using that word, I remember what happened to the last person that I used that word with. My dear colleague keeps insisting and going around and around so that we don't get to a vote. Now, I think my motion is clear. It is understood the City Clerk, the City Attorney will keep what the normal standard, tradition for the last several years had been an increase of dollars in their pay checks like they got. The City Manager that had a contract has to abide by the contract. He will not get an increase in his pay check, that is stipulated in the contract. So, if that is understood I think we could go ahead and vote and then comes April when the other two percent that the general employees will receive, then we could take up Mr. Knox and Mr. Ongie again and I think around that time is when the contract will have a year in existence for Mr. Gary. Mayor Ferre: Alright, further discussion, call the roll, please. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 81-1015 A MOTION DECLARING THE POLICY OF THE CITY COMMISSION THAT IN CONNECTION WITH THE THREE CITY OFFICIALS DIRECTLY APPOINTED BY THE CITY COMMISSION, IDENTIFIED AS CITY MANAGER, CITY ATTORNEY AND CITY CLERK, THAT THEIR PATE OF COMPENSATION WILL BE DISCUSSED AT THE TIME OF THEIR YEARLY EVALUATION, BUT THAT IN THE CASE OF THE CITY MANAGER, WHO HAS A CONTRACT, THAT HE WILL HAVE TO ABIDE BY THAT CONTRACT: FURTHER STIPULATING THAT THE COST -OF -LIVING INCREASES GRANTED TO THE CITY ATTORNEY AND TO THE CITY CLERK WILL BE RETAINED IN THEIR CASE IN KEEP WITH THE NORMAL STANDARD TRADITION, GIVEN THAT THEY HAVE NO CONTRACT. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote: AYES: Mr. Perez, Vice -Mayor Carollo and Mayor Ferre. NOES: Mr. Plummer and Mr. Dawkins. ABSENT: None. i3 n n n DE L :►C:� A ON ROLL CALL: Mr. Plummer: I don't feel the notion speaks clearly and fairly across the board. I have to vote against the motion. Mr. Dawkins: I do not feel that the motion addresses the fact that, in my opinion, a cost of living increase is a salary and I feel it is not. Therefore, I vote "no". Mayor Ferre: Taken into account that the City Manager would have been making in October sixty-two thousand dollars under normal circumstances and taken into account that he did receive an additional eight thousand dollars bringing it up to ' seventy six months before he would have normally had it, taking into account that seventy thousand dollars is a substantial amount of money and -taking into account the difference between the systems here and it was the Manager who insisted on his contract, then I think he must live by the terms of that contract and I vote with the motion. 3. MOTION PERMITTING CITY MANAGER TO RETAIN RECENT 10% SALARY ADJUSTMENT Mayor Ferre: Now, I would like to make an additional motion... Mr. Carollo: Well, if... Mayor Ferre: Yes, sir. Mr. Carollo: If before you do it, Mr. Mayor, I... you know, if I made... like to make a motion and I would like to say this. Howard, ! wish you would have taken the initiative now and I understand this has been embarassing not only for you, but for all of us and it has not been my intention or anybody else's intention here to embarass you. This is why I would like to make this motion. Mr. Dawkins: The motion isn't worth a damn without money. Mr. Carollo: Well, there are somethings in life that are more important than money. Mayor Ferre: Alright, make your motion. Mr. Carollo: And if I may, Howard, as I stated it's not my intention, anyone's intention here to embarass you. You haven't spoken up to this point, so I feel that someone has to speak. Instead of going the route as was suggested by an editorial today of making you give back the money that you gave yourself in that increase, what I would like to do and stipulate in a motion is that, that subject will be taken up then when you review your salary again and then whatever increase you received then, whatever you received now will be taken out of it. I think this way it will serve so that no one would have to face any further embarrassment. Mayor Ferre:* Alright, is there a second to that motion? Mr. Plummer: What you are actually doing, Mr. Carollo, as I understand it is just holding everything in abeyance. Mayor Ferre: Yes, that's right, not making him pay back the money. Mr. Carollo: That is correct. In plain english, we are not going to go out and have him be embarrassed further by having to pay back that money to the City. What we will do is that he will keep that money and when he comes up for a salary increase, whatever increase he gets, then what he got already would be taken out of that increase. Mayor Ferre: Is there a second to that motion? 14 DEC 10 `i981 6-7 Mr. Perez: Mr. Mayor, I would like to specify my position. As I recognized at the beginning, I wish to recognize the effort of our City Manager, but I think that we deserve an. explanation to the people of the City of Miami who have to be very clear in our position and we have to follow all the procedures in accordance with the Sunshine Law. I support the motion and I think I will like to invite again, the Manager to come to the City Commission and to try to make a decision on that matter. Mayor Ferre: Alright, is that a second? Mr. Perez: Yes. Mayor Ferrer. Further discussion? Mr. Dawkins: .Discussion on the motion. Mr. Gary, I would like to say to you with all sincerity that I do not believe, nor will I ever believe that you knowingly or willing violated any trust placed in you, but I would like to say to you irregardless of how this motion comes out, that since this Commission has seen fit to say to you that you have "illegally" accepted compensation for which you were not entitled to, I would respectfully hope that without any to do from this Commission, that you would give it back to them irregardless of your waiting. If this Commission has deemed this wrong your waiting to pay it back is not more unembarassing at a later date than it will be embarassing in doing it now. If you will make mistakes as long as you are the City Commission, you will make errors as long as you are City Manager, you will make decisions that this Commission will disagree with, but that is why you have the two-tier form of government. One, to make policy. The other to execute policy. You in your wisdom made a decision which you, as City Manager, felt was correct. We the Commission have decided that it was wrong, I would respectfully hope that irregardless of this vote, that you would pay back any money that this Commission say you owe it. Mr. Gary: Mr. Mayor? Mayor Ferre: Yes, sir. Mr. Gary: I would like to make a few comments since I have been the subject as one of the Commissioners stated for about a hour and a half. First of all, I think it's important that I clarify the record particularly in view of the fact that it may be perceived that as the Herald article stated, I received an unauthorized appropriation or a salary increase. First of all, the salary of seventy thousand dollars was not the... was the salary that City Manager, Joe Grassie would have been making as of December, the year before I took office and not sixty-two thousand. Secondly, the policy of receiving cost of living increases for the City Manager, the City Clerk, the City Attorney has been a long established policy, it has always been automatic. The intent of my compensation agreement which was understood by four members at least and the member I'm leaving out is Commissioner Carollo, because he was not in favor of it, was that the original agreement had a provision that my annual salary would be increased by ten percent and at that time four members of the City Commission suggested that, that be removed for two reasons. The first is that it has always been a practice that the City Attorney, City Manager and City Clerk would automatically get the cost of living increase that was granted to the general employees union and that the ten percent in there may be more than or less than what may be granted at that time because no one could tell what would be negotiated at that time. The automatic increase was something that has been done and was raised during the tenure of Mr. Grassie and was raised as a result of the City -Clerk requesting that he be granted it because of the long standing posture and we have continued that. I think the problem is that first of all the intent of the agreement was one of not getting anything less than my subordinates. The second is, I think, we have a procedure process problem and I think the procedure is, is that I should have informed the City Commission that I was going to take that and I agree with that. I would like to thank Commissioner Carollo for the mere fact I think his motion is very diplomatic, very professional and very gracious and I appreciate it and I think until the time as it appears it is going to be the concensus of the City Commission that my review should occur in April or whenever you decide, that it would be appropriate for me tomorrow to return and I have stratched and I have got to verify the figure, that I will return six hundred seventy-nine dollars to this City until the decision is made. Mayor Ferre: Alright,... 15 AEU c. Mr. Plummer: That voids the motion. That in effect voids the motion. Mayor Ferre: No, it doesn't, because I think what Commissioner Carollo is placing on the record is something that I think should remain on the record. The Manager may choose not to utilize that and I commend him for his position and I think Commissioner Dawkins was right and I'm glad that the Manager did what he did, but I don't think that, that in anyway voids the motion as such. Now, is there further discussion? Call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 81-1016 A MOTION AUTHORIZING THE CITY MANAGER TO RETAIN THE $7,000 (10%) SALARY INCREASE TAKEN BY HIM ON OCTOBER 1, 1981 WITH THE UNDERSTANDING THAT SUCH INCREASE WOULD BE TAKEN INTO CONSIDERATION BY THE CITY COMMISSION AT THE TIME OF HIS YEARLY EVALUATION, WHEN THE COMMISSION DISCUSSES HIS PERFORMANCE AND RE-EVALUATES HIS BASE SALARY. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote: AYES: Mr. Perez, Mr. Plummer, Vice -Mayor Carollo and Mayor Ferre. NOES: Mr. Dawkins. ABSENT: None. FURTHER DISCUSSION: Mr. Carollo: Mr. Mayor, one last item relating to this that I would like to talk about, and Howard, let me compliment you for taking the step that you took. Howard, back in June 8, 1981, when we were talking about your contract there were two times that I made a request from you in reference to your contract and let me go back and read the the minutes of that meeting in June 8th. (AT THIS POINT MR. CAROLLO READS INTO THE RECORD EXCERPTS FROM THE MEETING OF JUNE 8, 1981). Howard, this was in June 8th, we are in December now. It's been six months since I requested this. I have still not received an answer and I think it's very important that I receive an answer to this along with the rest of the members of this Commission, because it is my estimation that besides the actual salary that you are receiving of seventy thousand plus dollars now, this contract is worth extremely higher figure. I would venture into saying that it might be worth as much as may be thirty thousand dollars more. So, in essence you are making some one hundred thousand dollars or better now. I would appreciate it very much that as soon as possible if I could get an answer to my request' that I made in June the 8th and that I have repeated again here. For instance, I keep hearing and I need for you to verify it, you acre the City Manager, that you have accumulated some twenty thousand dollars of City money that was placed in your retirement account. If it's so, I would like for that to be included in an estimate of what your contract is worth along with everything else. Mr. Gary: I will be happy to provide. that to you so we can not have the rumors and I will give you accurate information. Mr. Carollo: Thank you, very much. 16 DEC 101981 Mayor Ferret Now, Mr. Manager, one last thing on this issue, just to clarify the record. You said that Mr. Grassie would have been making seventy thousand in December of last year. Now, I take my information from your mouth and I would like to read to you the May 28, 1981 CosmLission Meeting, page 65 and to a statement that I make. (AT THIS TIME MAYOR FERRE READS INTO THE RECORD EXCERPTS FROM THE MEETING OF MAY 28. 1981). Now, the question is was it October 1960 or October 1981? Is that in 1980 or 1981? Mr. Gary: 1980. Mayor Ferret Alright, now, I would like to get into one other area which is related, Howard, and structure it this way. In the past the City of tiiami Commission established a policy with regards to ranges. Now, we have gotten away from that and what that means is that the City Manager at the top of the City Administration can on his own, unilaterally and arbitrarily at anytime compensate anybody anyway he wants and the Charter will permit it. We cannot stop you from doing so. The only way that we can deal with that issue and I think we have to deal with it, is to do what every American corporation does from General Motors on down and from Exxon on down and that is to set up classifications and put the ranges of that classification. Now, there was a time in the City of Miami Commission within the last five years when if a person reached the tc. of that range, that person would not get any additional money without the City of Miami Commission agreeing to it and that the top of that range for Assistant City Manager was forty to seventy thousand dollars, then that individual no matter what the longevity or what any other reasons were could not get more than that unless the City Commission approved it and that included cost of living or anything else, because I think there has to be an argument •nade to the limitations and especially now that we are into Reagenomics and the federal government dealing with us as they are. We have to also deal in the realities of fiscal constraints.. And so, therefore, I would like to and if you want, I will make it in the form of a motion to instruct you to come back to this Commission with a personnel procedure that is similar in nature to the one we used to have which we do not... as I understand, we no longer have and similar to the way corporations, American corporations do these things and that is to establish ranges that must be kept for the top officers of the City of Miami. Now, I understand that those range classifications exist for the lower managers, but they do not exist at the upper management level. Mr. Gary: That's not correct. We have ranges for everyone from City Manager on down and no one receives a salary above that range. Mayor Ferre: Who establishes those ranges? Mr. Gary: You establishes those ranges. Mayor Ferre: When was it last established? Mr. Gary: It was established... Mr. Plummer: 1973 or 1974 and that was at the results Mr. Mayor, of the Yager Pay Plan and that was a twenty-three percent increase across... Mayor Ferre: Has this Commission since 1974 established those ranges? Mr. Gary: Yes, sir. They were originally established by the Yager Pay Plan in 1973. They were brought to you by City Manager, Joe Grassie, if I recall in 1979, which were approved. And no one makes more than that other than a situation which was very unique, which by law we had to do it. Now, the only way you will find other people making more than the range, that is if they were in another classification, received more money in that classification and were reclassified whereby they then red lined, they can't go any higher and those are unsual cases. Mayor Ferre: I would like to have then and then so we don't take any further time of this Commission on this. I would like to have before the January meeting a memorandum from yoti specifically outlining what the established policy of this Commission is and what the ranges are for Assistant City Managers and Department Heads, because I have not seen that in years. Mr. Plummer: Mr. Mayor, would it be within keeping that this Commission asked for an outside consultant as we did with the Yager Pay Plan. As you might recall, the reason for that at the time was that the City was losing all of our good people to private enterprise sue we were -not comnetit;vo Wexuld _---__- W, 4W it be in order Mr. Mayor, that we ask that such a study be done again to see how we stack up in the City in competition with private enterprise. Mayor Ferre: I think the thing to do, J. L., is to have... Mr. Plummer: And that's done by outside people, not internal. Mayor Ferre: ... the Manager address this whole issue and come back to us in January about compensation. Anybody else have anything else on that? 5. DISCUSSION: FUNDING FOR NEW WORLD FESTIVAL Mayor Ferre: Alright, now the New World Festival. Mr. Maclemore, I hate to do this to you, but could you return or can we dispose of this very quickly now? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Ok, step forward and let's see if we can... if we can do this in three minutes we will hear it. Otherwise, Mr. Maclemore, I'm sorry, we will have to take it up some other time. So, step forward very quickly. Mr. Manager, would you give us your recommendation on this and Mr. Maclemore for a very quick answer and then the Commission. Mr. Gary: Mr. Mayor and members of the City Commission, this item was brought back before you primarily due to a discussion that was raised by the Festival Advisory Committee that we can resolve our problems with regard to allocations for various festivals in the communities by reallocating the hundred seventy-five thousand dollars that we had given to the New World Festival Committee. We have prepared for you a report that reveals that not only in addition are we giving the New World Festival Committee a hundred seventy-five thousand, but that they are also getting approximately 1.7 million dollars from the Metropolitan Dade County Tourism Resort Taxes of which we pay forty percent and this was just brought back to you for you to make a decision as to whether or not you wanted to reallocate these funds for community festivals as opposed to the New World Festival Committee. Mr. Carollo: Well, Howard, let me say this. Since it appears that during that discussion I was put down as the person that asked for this to be placed in the agenda along with the consensus of the Commission. What I would like for this gentleman to do is to be able to keep us abreast in explaining to the Commission just where the money is going to. Regardless of what, I think that this Commission made an agreement with these people. We agreed to give them that amount of money. I'm sure that they have made some commitments already and if we pull that rug from under their feet, I think we are going to look like we are going... in effect, we will be going against our word. Mayor Ferre:. Alright, Mr. Maclemore, you want to add anything to this? We need your name and address for the record. Mr. ,aim Maclemore: This is Jim Maclemore. I live at 10250 Southwest 53rd Avenue. I would be pleased to get into the details of the Festival, again, Mr. Mayor and Commissioners. This is really a public endeavor. About five million dollars will be spent to promote a festival of the arts here in the Greater Miami area between the period of June the 6th and the June the 26th. it probably will become the largest festival of it's kind in the world save one. It will focus an enormous amount of attention on the City of Miami as a center for the cultural arts. Indeed the people that are interested int he this affair recognized that it is calling attention to the very good things that do pervade the Miami scene and certainly the cultural arts are one. The statement that public money is involved is entirely correct. Our budget of 4.8 million dollars, we expect only about 2.1 million to come from actual ticket sales and around two million dollars will be coming from public sources, including the one hundred seventy-five thousand dollars that this City Commission Inv did vote to apply to the festival. We have made forward commitments based on that commitment. We are confident of an enormous success here. For example, the American Express Company alone is spending over one million dollars to promote the City of Miami's Festival. So, we have much going. I would be pleased to give more information, sir. Mayor Ferre: Mr. Maclemore, let me just make a statement to you. I realize that it is always difficult to judge whether the money that is spent to plant seeds in the ground will ever bear any fruit. In my opinion, I think what you and your committee and others in Miami are doing will be of great benefit for the welfare and well-being of Miami and I mean all Miamians and that means the working people and the investors in the business community and everybody. However, I would like to say that we are now in the midst of very severe budgetary restaints in the United States and it's starting at the federal government and it is impacting here. Now, if this were a new item and we were going to vote on it today, I would vote against you and against this money and I want to explain to you why very respectfully. I think it's a wonderful thing you are doing, but what in effect, the alternatives that we have is that we are going to have less money so that five police officers that are despirately needed and your company and Burger King and as a private citizen and as a major investor and businessman in this community have been talking about in the public press in the past month by us giving you a hundred seventy-five thousand dollars that is five less policemen that we are going to have money for. And I mean to tell you that in these trying times, these are the kind of choices that we have. However, we have made a commitment to you. It was a commitment that was made over a year ago and reiterated again in the Commission Meeting when the item was approved. For us to now take that money away from you, I think, would cause irreparable hurt from what I have heard from you and the other members and therefore, I think we must live up to our. Mr. Gary: Mr. Mayor, there is a corollary issue related to New World Festival. In addition to the hundred seventy-five, they are now also asking for the use of Bayfront Park Auditorium for sixty days. We are obviously, in support of what they are doing. However, twenty-five of the sixty-one days they want to use have already been committed and we have binding commitments from agencies and organizations to utilize that facility during that time. The cost of that would be, if you decided to give it, it would be eighty-five thousand four hundred dollars in terms of foregoing revenues. It is the recommendation of us not to cancel those twenty-five commitments that we have at Bayfront and if they want to use the Bayfront Park Auditorium for any of those other days, that they compensate that enterprise fund. Mayor Ferre: Yes. You see, this is a new item now. Mr. Gary: It's new. Mayor Ferre: And so we have to deal with that separately and the Commission can do what it wishes, but I think we have done more than our fair share. This is a small city, a hundred seventy-five thousand is a lot of bucks for us and I think as far as that auditorium Is concerned, if you want it you are going to have to pay for it like everybody else. And if you can't pay for it, then don't use it. And I don't think we can cancel eighty-two thousands dollars or whatever it is, worth of contracts without being compensated for it and you would have to talk those people out of it. We just couldn't cancel them arbitrarily. Anybody else want to add anything to this? Anything else on this... UNIDENTIFIED SPEA Z-R: I would like to add something to that. Mayor Ferre: Alright, very, very, quickly. The Chairman of the Festival Committee. Mr. Jose Mendez: My name is Jose Mendez, and I'm the Chairman of the Festival Advisory Committee. I would like to remind this Commission, that as I recall the presentation that was made before you and that's what caused this gentlemen to come at a request from the Mayor, was the fact that some monies were specifically allocated for the purchase of Crystal Art. That money is no longer for that purpose. So, I would like this gentlemen to, you know, satisfy not only me, but everyone that is here, that concern himself with this Festival to let us know what he is intending to do with that money and I request, I humbly request from the Commission that since that money is no longer going to be used for the purchase of Crystal Art that, that money be reallocated to the Festival Advisory Committee. Mayor Ferre: Alright, Mr. Maclemore, can you address that specific question? Mr. Maclemore: This is Jim Maclemore again. It's my understanding that Crystal will be here, that he will produce on Biscayne Bay a surrounding of the islands in pink styrofoam much in the similar way that the running fence was done in California. This will be a major... Mayor Ferre: But as I understand it, that pays for itself, doesn't it? Mr. Maclemore:... happening. He is going to produce this himself. There will be no cost to the Festival on this. Mayor Ferre: So, in other words, there is not cost. He pays for -it and he makes money from it, but we are not using any of our funds for that. Mr. Maclemore: That's correct. Mayor Ferre: And that has been the case all along. Mr. Mendez: But as you notice in the resolution, Mr. Mayor, in the resolution is the monies to purchase this art is ear marked. So, you know, I don't have... I cannot quote to you right now a paragraph or anything like that, but I seen it written in the resolution when the appropriation was made. Mayor Ferre: Well, here is the way the motion went. (THE MAYOR READS AFOREMENTIONED MOTION INTO TFiE RECORD AT THIS TIME). And the resolution itself says basically the same thing in the title. I will read you the full resolution. (THE MAYOR READS AFOREMENTIONED RESOLUTION INTO THE RECORD AT THIS TIME). So, there is no mention of that in the resolution. Mr. Mendez: Mr. Mayor, may I ask this Commission this question. If at any time after this particular minute I can come up with the documentation that states so, will you take that into consideration again at this Commission? Mayor Ferre: Yes, sure. And then we will so advise Mr. Maclemore and we will review it again if necessary, alright? Mr. Plummer: Mr. Mayor, let me understand. Then presently what is the policy is that they are etill going to receive the funds? Mayor Ferre: Unless somebody makes a motion otherwise it stands. We are on the record. Mr. Plummer: Yes, I understand. Mr. Mayor, it was my understanding that the one hundred seventy-five thousand was going to be withdrawn and it was the consensus of this Commission and that the only action was holding was for the purposes of inviting them here, that we shouldn't do it without them being present. Now, obviously, then am I sensing that there has been a change in the consensus of the Commission? Mayor Ferre: You heard Commissioner Carollo speak and you heard me speak, that's two. I don't know about the rest. Mr. Plummer: Alright, sir. So, in other words, what we in effect, then are saying is to those people who are presently being funded who somewhat, I guess, have been saying that they have been under funded because of this contribution to the New World Festival, then they are still going to continue to be under funded, is that correct? Mayor Ferre: No, I didn't hear anybody say that. Mr. Plummer: Well, I'm asking isn't that in effect, what is happening? Mayor Ferre: Well, what is happening is that we made a commitment to these people to give them a hundred seventy-five thousand dollars and that I think at this stage of the game, tWo of us have said that we cannot take those monies away. That's what's happening. Now, whether or not we find other monies for the Festival Committee in other ways, that's something for this Commission to deliberate upon, but I guess what the Commission is saying is that this commitment has been made and we have to honor it. 20 OEM i U 1981 low Mr. Mendez% Mr. Mayor, do we have to ratify this motion. Mayor Ferre: No, there is a resolution that was passed based on a motion, M-81-642 passed July 9, 1981 and ratified by Resolution 81-683 on the July 23, 1981, that stands. Right now we don't need to do anything, unless you want to rescind it. If you want to change it or Plummer or Dawkins or if Carollo wants to change it, they have got to make a motion to change it. Otherwise, what is, is, ok? Anything else on the subject? UNIDENTIFIED SPEAKER: Mr. Mayor, may I address the Commission? Mayor Ferre: Yes, we have you first and then Ernie Fanotto. Go ahead, quickly. UNIDENTIFIED SPEAKER: I'm here representing the Kwanza Festivals that have been... Mayor Ferre: That's not before us at this point. UNIDENTIFIED SPEAKER: Yes, I know it's not before you at this point, but it's related directly to those community festivals that are currently not being funded or under funded as a result of the... Mayor Ferre: Mr. Mcknight, you are going to have to wait your turn, because I'm not goind to address any issue other than the New World Festival and whether or not we take away their hundred seventy-five thousand dollars. Mr. McKnight: Ok, well, I think it is related, but of course, I will honor your prerogative. However, may I request where at any point today, because this particular festival as been put on the back burner a number of times and we down to the wire as far as this festival being scheduled for two weeks from now and this is a major festival that's been carried on in the City of Miami for the last four or five years. So,... Mayor Ferre: Have been and will continue to be. Mr. McKnight: Well, how can I or anyone for that matter, today during this Commission Meeting come to some kind of conclusion because we have commitments. Already people have forward their own collateral and their own reputation in terms of carrying out this festival. Mr. Dawkins: Mr. Parkes, we will make the same concession to you that we are making here. So, have a seat sir. UNIDENTIFIED SPEAKER: Ok, thank you. Mayor Ferre: Alright, now, anybody else? Alright, quickly Ernie. Mr. Ernie Fanotto: Ernie Fanotto is my name and I'm President of the Taxpayer's League of Miami and Dade County. Mr. Mayor, I would like to make this statement and I would like to hear the reaction of the new Commissioners and the old ones. I would like to have every organization that gets money for the festivals to come up with a detail report on file where every citizen in this community can review it and tell... so they can see how the money... I don't want a statement saying we spent a hundred seventy-five thousand dollars for festivals. Mayor Ferre: Alright. Mr. Fanotto- I also want this on record. In the future I don't think you should give any money for little local groups to have a festival unless it has national wide publicity that will have an impact, that will do this community some good. And this man here tells me he is not going to have national wide publicity, but yet we are having a lot of parties for the festival around this community and I'm against it and I think it's purely political and not good spending. Mayor Ferre: Alright, further discussion, if not, thank you, very much, Mr. Maclemore. We are now on the next item. Mr. Plummer: Mr. Mayor, I would ask that on the next agenda that we request of the Manager that he try to find additional funding to bring these other organizations up that are our own sponsored organizations, that they try and find the money on the agenda to supplement... you know, charity starts at home and these are our festivals and they are the ones that are hurting because of the monies we have given ese where. So, I would hope on the next 11 i :4 ;' t-L .. ._ t agenda, Mr. Manager... Mr. Gary: Mr. Mayor and members of the City Commission, we were instructed... Mayor Ferre: We got one hour left Howard. Mr. Gary: Yes, sir, but I think it's important because the problems are going to come in between now and the next meeting. We were instructed at the last meeting not to move on the Festival Advisory Committee's recommendations until this issue with regard to New World Festival was resolved. Now, this is a attached to this item festivals that were recommended by the Festival Advisory Committee and staff. What'I would like because I don't want to take up too much time; is to be able to authorize expenditure of funds for those festivals that would exist between now and December 15th so that... Ok... • Mayor Ferre: And does that take care of the Kwanza Festival? Mr. Gary: Yes, sir. Mr. Dawkins: No. Mayor Ferre: Well, wait a minute, does it takes care of Kwanza? You say "yes", he says "no". Now, tell me why you say "yes" and why he says "no". Mr. Plummer: Not enough money. Mr. Gary: Well, with regard to the money, it takes care of it in terms of what we have available. In terms of what they want, it's not taken care of. But at least we can start with that little bit of money. Mayor Ferre: If we get into this issue now, which I'm willing to do, I want you to know that it's going to take half an hour. Now, I'm willing to do it if that's the will of the majority here. Mr. Dawkins: Well, I'm willing to take it up now, please, sir. Mayor Ferre: Alright, now, that means Howard, that you are not going to get any of these other subjects up. Now, we have a request by a member of the Commission and I would like to poll this Commission to get a consensus. Now, Howard, you better... Mr. Dawkins: Ok, I withdraw my request. Mayor Ferre: Alright, well, we have to deal with it. We have an hour of Plummer's time now and the man must leave and we must get the issues that are essential. And Mr. Manager, I will tell you what, I'm not going to use the Chair's prerogative. I'm going to let you decide what is important to you. So, you tell me what you want to take up. 6. AUTHORIZE TEMPORARY HOUSING OF METRO FIRE RESCUE UNIT Mr. Plummer: Mr. Mayor, I have requested Item 14. I don't believe it's controversial... Mayor Ferre: Alright, take up Item 14. Mr. Plummer: ... and I would appreciate Item 14 and it is nothing more than a request to allow Metropolitan Dade County while they are redoing the West Miami, to allow their rescue to operate out of our station. I would move Item 14. Mayor Ferre: Is there a second? Mr. Dawkins: I second. 22 DEC 10 1981 Mayor Ferre: Is there further discussion? I think the matter is clear. It's part of the memorandum that is before you. It's been explained. Anybody want to add anything to it? If not, call the roll on Item 14. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-1017 A RESOLUTION AUTHORIZING METROPOLITAN DADE COUNTY FIRE DEPARTMENT TD HOUSE A RESCUE UNIT AT CITY OF MIAMI FIRE STATION #11, 5920 WEST FLAGLER STREET, WHILE DADE COUNTY'S WEST MIAMI FIRE STATION FACILITY IS BEING RENOVATED, IN ORDER TO PROVIDE PROPER FIRE AND RESCUE PROTECTION TO THE CITIZENS OF WEST MIAMI; AND FURTHER AUTHORIZING THE CITY MANAGER TO MAKE FINAL ARRANGEMENTS -WITH DADE COUNTY FOR THE EXPRESS TERMS AND CONDITIONS OF SAID USAGE UNDER THE COUNTYWIDE MUTUAL AID PLAN. (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 J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. 7. EMERGENCY ORDINANCE: 1982 ASTA WORLD TRAVEL CONGRESS Mayor Ferre: Mr. Manager, what's next? Mr. Gary: Mr. Mayor, I would like to follow that list you have before you, sir. Mayor Ferre: What? Mr. Gary: Item 1. Mayor Ferre: Alright, Item 1 is the next thing the Manager wants on an emergency basis the... Mr. Plummer: Move it. Mayor Ferre.. Plummer moves, is there a second? Mr. Dawkins: Second. Mayor Ferre: Seconded by Dawkins,... Mr. Plummer: It's part of our commitment. Mayor Ferre: ... further discussion? Anybody want to speak on this? Alright, read the ordinance. Mayor Ferre: Call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY 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 FUND ENTITLED "1982 ASTA WORLD TRAVEL CONGRESS"; APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $50,000 TO BE RECEIVED FROM THE "GREATER MIAMI HOST COMMITTEE, INC.", FOR THE PURPOSE OF DEFRAYING THE COST OF PROVIDING COORDINATION FOR THE CONGRESS: CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Dawkins, adopted said ordinance by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9354. 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. 8. EXECUTE AGREEMENT: 1982 ASTA WORLD TRAVEL CONGRESS Mr. Carollo: Move Item 2. Mayor Ferre:. Alright, there is a motion on Item 2, is there a second? Mr. Plummer: Second. Mayor Ferre: Further discussion, call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 81-1018 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, WITH AN INDIVIDUAL EXPERI- ENCED IN THE FIELD OF CONVENTION COORDINATION TO 24 DEC 10 1581 PROVIDE PROFESSIONAL SERVICES FOR THE "1982 ASTA WORLD TRAVEL CONGRESS" TO BE HELD IN MIAMI OCTOBER 10-16, WITH FUNDS THEREFOR ALLOCATED IN THE AMOUNT OF $50,000 FROM 1982 ASTA WORLD TRAVEL CONGRESS TRUST AND AGENCY FUNDS. (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. • Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. 9. 1st & 2nd READING ORDINANCE: RESTORATION OF SERVICE CREDIT ETC. Mayor Ferre: Take up Item 3, an ordinance first and second reading, restoration of service credit for prior... Mr. Plummer: Move it. Mayor Ferre: Alright, moved by Plummer,... Mr. Dawkins: Second. Mayor Ferre: ... seconded by Dawkins, is there further discussion? Read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 40-207, EN- TITLED "BENEFITS" OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY ADDING A NEW SUBSECTION (P) TO THE END OF SAID SECTION, ENTITLED "RESTORATION OF SERVICE CREDIT FOR PRIOR CONTINUOUS SERVICE", WHICH PROVIDES THAT ANY MEMBER WHO HAS CONTINUOUS EMPLOYMENT SERVICE WITH THE CITY PRIOR TO t BECOMING A MEMBER OF THE MIAMI CITY EMPIO- YEES' RETIREMENT SYSTEM MAY ELECT TO CLAIM MEMBERSHIP CREDIT FOR SUCH PRIOR SERVICE UPON PAYMENT OF CONTRIBUTIONS IN THE MANNER PRESCRIBED HEREIN CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND J DISPENSING WITH THE REQUIREMENT OF READING THIS ORDINANCE ON TWO SEPARATE DAYS. Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins for adoption pursuant to Section 4, Paragraph (f) of the City Charter, dispensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre G NOES: 25 +"; : c NOES: None. Whereupon the Commission, on motion of Commissioner Plummer and seconded by Commissioner Dawkins, adopted said ordinance by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9355 The City'Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and copies were available to the public. . 26 DEC 1 01981 MW 10. FIRST & SECOND READING ORDINANCE: NEW T & A FUND: STRESS CONTROL TRAINING COURSES r'OR POLICE OFFICERS. Mr. Dawkins: Mr. Manager, on 4 and 5, we do have an ordinance that requires that 20% of all contracts be let to minorities, that is 10% to Latins and 10% to blacks, did any black firms or Latin firms for that matter, bid on this contract? Mr. Gary: No, sir. Mr. Dawkins: In the future would you see that those who can provide these sort of services are notified, please, sir? Mr. Gary: Yes, sir. 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 FUND ENTITLED: "STRESS CONTROL TRAINING COURSES FOR POLICE OFFICERS IN REGION 14", AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $21,140; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, AND DISPENSING WITH THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. Was introduced by Commissioner Carollo and seconded by Commissioner Plummer for adoption pursuant to Section 4, Paragraph (f) of the City Charter, dis- pensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. Whereupon the Commission, on motion of Commissioner Carollo and seconded by Commissioner Plummer, adopted said ordinance by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. SAID ORDI_ NPNCE WAS DESIGNATED ORDINANCE NO. 9356. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and copies were available to the public. 27 D C r LJ 11, EXECUTE AGREEMENT: STRESS SERVICES - VALLE-AXELBRAND AND ASSOCIATES. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-1019 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, WITtj VALLEL-AXELBERD AND ASSOCIATES, INC. FOR THE PURPOSE OF PROVIDING JOB STPSSS SERVICES FOR THE MIAMI POLICE DEPART- MENT, WITH FUNDS ALLOCATED THEREFOR IN THE AMOUNT OF $21,140 FROM THE STRESS CONTROL TRAINING COURSES FOR POLICE OFFICERS IN REGION 14 TRUST AND AGENCY FUND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. 12. First L Second Reading Ordinance: Increase appropriation for General Obligation Bonds. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTIONS 1 AND 5 OF ORDINANCE NO. 9321 ADOPTED SEPTEMBER 24, 1981, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1982, AS AMENDED, BY INCREASING THE APPROPRIATION FOR GENERAL OBLI- GATION BONDS IN THE AMOUNT OF $151,198 AND BY INCREASING REVENUES IN THE SAME AMOUNT FROM FY '81 DEBT SERVICE FUND BALANCE FOR THE PURPOSE OF PROVIDING FUNDING TO PAY FOR $151,198 OF ADDITIONAL INTEREST PAYMENTS FOR FY '82; CON- TAINING A REPEALER PROVISION; AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Carollo and seconded by Commissioner Plummer for adoption pursuant to Section 4, Paragraph (f) of the City Charter, dis- pensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. Whereupon the Commission, on motion of Commissioner Carollo and seconded by Commissioner Plummer, adopted said ordinance by the following vote: 28 DEC 10 1981 r1 9W AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE 110. 9357. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and copies were available to the public. 13. FIRST & SECOND READING ORDINANCE: PROVIDE CERTAIN CHANGES TO TAX RATES FOR ADMISSIONS TO MARINE STADIUM. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SUBSECTION (A) AND (B) OF SECTION 53-118 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, RELATING TO THE CITY TAX UPON ADMISSIONS TO THE MARINE STADIUM (COMMODORE RALPH E. MUNROE MARINE STADIUM); BY PROVIDING FOR CERTAIN CHANGES TO TAX RATES FOR ADMISSIONS FOR THE USE OF THE MARINE STADIUM; ESTAB- LISHING THE REQUIREMENT THAT PROSPECTIVE USERS MAKE NONREFUNDABLE CASH DEPOSITS; FURTHER ESTABLISHING NEW RATES FOR POWER BOAT RACING, ROWING CHAMPIONSHIPS, PHIL- HARMONIC CONCERTS, MUSICALS, STAGE SHOWS, ROCK CONCERTS, BOAT SHOWS, MARINE TRADE SHOWS, ETC., BY CHANGING FROM A "MINIMUM GUARANTEE AGAINST AN ADJUSTABLE PERCENTAGE OF ADMISSIONS TAX SYSTEM" TO A SYSTEM OF VARYING MINIMUM GUARANTEES OR PERCENTAGES OF ADMISSIONS BASED ON THE TYPES OF EVENTS, ALL LESS ANY FEDERAL, STATE, OR LOCALLY IMPOSED TAX; FURTHER DEFINING EVENT COSTS COVERED AND NOT COVERED BY THE CITY TAX ON ADMISSIONS; FURTHER PRO- VIDING FOR A SPECIAL MULTIUSE MINIMUM GUARANTEED FEE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND DISPENSING WITH THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins for adoption pursuant to Section 4, Paragraph (f) of the City Charter, dis- pensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. Whereupon the Commission, on mci;ion of Commissioner Plummer and seconded by Commissioner Dawkins, adopted said ordinance by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. 29 III 'qW SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9358. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and copies were available to the public. 14. FIRST READING ORDINANCE: REIMBURSE COMMUNITY DEVELOPMENT DEPARTMENT MEDIA II CONTRACT. AN ORDINANCE ENTITLED- • AN ORDINANCE AMENDING SECTIONS 1 AND 5 OF ORDINANCE NO. 9321, ADOPTED SEPTEMBER 24, 1981, THE ANNUAL APPROPRIA- TIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1982, AS AMENDED, BY INCREASING THE APPROPRIATION FOR THE GENERAL FUND, IN THE AMOUNT OF $132,500 FOR THE COM- MUNITY DEVELOPMENT DEPARTMENT, AND BY INCREASING GENERAL FUND REVENUES IN THE SAME AMOUNT FROM FY -81 FUND BALANCE FOR THE PURPOSE OF PROVIDING FUNDING ($42,000) TO RE- IMBURSE SAID DEPARTMENT FOR EXPENSES INCURRED IN CON- NECTION WITH THE PREPARATION, RESEARCH, AND DESIGN ASSOC- IATED WITH THE MEDIA II CONTRACT OF THE DEPARTMENT OF TRADE AND COMMERCE AND FOR INCREASED OPERATING COSTS ($90,500) OF THE LITTLE HAVANA COMMUNITY CENTER FOR FY '82; 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 J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: 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. UEi: 1 0 i�81 W 1W 15. PROVIDE FOR ISSUANCE OF $21,000,000 FIRE FIGHTING, FIRE PREVENTION AND RESCUE FACILITIES BONDS OF THE CITY OF MIAMI. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-1020 A•RESOLUTION PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING $21,000,000 FIRE FIGHTING, FIRE PREVENTION AND RESCUE FACILITIES BONDS OF THE CITY OF MIAMI, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner DawAins,the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. 16. AUTHORIZE AGREEMENT: DADE COUNTY 7TH YEAR COMMUNITY C.D. BLOCK GRANT PROGRAM FOR CER:'AIN SOCIAL SERVICES. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 81-1021 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH METROPOLITAN DADE COUNTY FOR THE PUR- POSE OF IMPLEMENTING A PORTION OF DADE COUNTY'S COMMUNITY DEVEIOPMENT BLACK GRANT PROGRAM DURING THE SEVENTH YEAR FOR CERTAIN SOCIAL SERVICE ACTIVITIES; AUTHORIZING THE CITY MANAGER TO ACCEPT A TRANSFER OF FUNDS FROM DADE COUNTY IN THE AMOUNT OF $29,900. (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. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. 31 V W 17. AUTHORIZE AGREEMENT: SYSTEMS IN EDUCATION TRAINING CORPORATION CETA TITLE II-B PARTICIPANTS & OVERTOWN EX -OFFENDER PROGRAM. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-1022 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, WITH SYSTEMS IN EDUCATION TRAINING CORPORATION, FOR THE PURPOSE OF PROVIDING PROFESSIONAL TRAINING SERVICES IN THE CON- STRUCTION TRADE AREAS OF CARPENTRY, MASONRY AND PAINTING FOR CITY OF MIAMI CETA II-B PARTICIPANTS IN THZ OVERTOWN EX -OFFENDER PROGRAM WITH FUNDS EXPENDED FOR THE COST OF SAID AGREEMENT TO BE REIMBURSED UNDER THE CITY OF MIAMI'S CONTRACT WITH THE SOUTH FLORIDA EMPLOYEMENT AND TRAINING CONSORTIUM. (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 J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. 18. AUTHORIZE AGREEMENT: MARTIN TECHNICAL COLLEGE CETA II-B PARTICIPANTS IN THE OVERTOWN-UNEMPLOYED PROGRAM. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 81-1023 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, WITH MARTIN TECHNICAL COLLEGE, FOR THE PURPOSE OF PROVID- ING PROFESSIONAL TRAINING SERVICES IN THE CONSTRUCTION TRADE AREAS OF CARPENTRY, MASONRY AND PAINTING FOR CITY OF MIAMI CETA II-B PARTICIPANTS IN THE OVERTOWN-UNDEREMPLOYED PROGRAM WITH FUNDS EXPENDED FOR THE COST OF SAID AGREE- MENT TO BE REIMBURSED UNDER THE CITY OF MIAMI'S CONTRACT - WITH THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. (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 J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. LP2 DEC 1019 81 D 19. AUTHORIZE AGREEMENT: CONTINUING OFFICE OF INTERGOVERNMENTAL COORDINATION AND LIAISON FOR FY 82. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 81-1024 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE • AND EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, CONTINUING THE OFFICE OF INTERGOVERN- MENTAL COORDINATION AND LIAISON FOR FISCAL YEAR 1982 TO BE FUNDED BY THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. (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 pasEgd and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. 20. AUTHORIZE INCREASE IN ALLOCATION: C.D. BLACK GRANT FUNDS TO OVERTOWN ECONOMIC DEVELOPMENT CORPORATION. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 81-1025 A RESOLUTION AUTHORIZING THE CITY MANAGER TO INCREASE THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO THE OVERTOWN ECONOMIC DEVELOPMENT CORPORATION FROM $50,000 TO $111,300 FOR THE PURPOSE OF PROVIDING EXPANDED ECONOMIC DEVELOPMENT SERVICES IN THE OVERTOWN TARGET AREA; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, WITH SAID AGENCY, WITH THE ADDITIONAL $61,300 BEING PROVIDED FRAM SIXTH YEAR COMMUNITY DEVELOPMENT BLACK GRANT. (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. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor !Maurice A. Ferre NOES: None. ULl IN V 21. ACCEPT BIDS: FOOD & BEVERAGE CONCESSIONS AT MISCELLANEOUS CITY PARKS. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-1026 A RESOLUTION ACCEPTING THE BID PROPOSALS OF LARRY WILLIAMS FOR MANOR PARK; IDA TRETO FOR WEST END PARK; SABRETT SOUTH, INC.t FOR BOTH LEGION AND BRICKELL PARKS; AND LEONORA K. RONNER FOR AMCO MINI PARK, FOR FOOD AND BEVERAGE CONCESSIONS AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE STANDARD CONCESSION AGREEMENTS WITH EACH SUCH CONCESSIONAIRE. (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 J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. Mayor Ferre: Was this a competitive thing? Mr. Gary: Yes, sir. Mayor Ferre: And who made this selection? Were there more than two people? There were four? Was this the highest bid? I'm not asking you if they're the best, monetarily are we following the rules? Mr. Al Howard: Yes. Yes we are. Mayor Ferre: This is the best monetary, we didn't jump number three over number one? Mr. Howard: No. Mr. Plummer: Mr. Mayor, and let me recall just briefly that this is always a problem because they're usually mom and pop operations and if we break even we do well. 4 UEG U 1981 22. AUTHORIZE AGREEMENTt ALBERT R. PEREZ ASSOCIATES, P.A. LANDSCAPE ARCHITECTURAL SZMCES - RIVERSIDE PARK. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-1027 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ALBERT R. PEREZ ASSOCIATES, P.A., FOR PROFESSIONAL LANDSCAPE ARCHITECTURAL SERVICES RELATED TO THE DESIGN AND CONSTRUCTION OF RIVERSIDE PARK IN SUBSTAN- TIALLY THE FORM ATTACHED HERETO, USING FUNDS PREVIOUSLY ALLOCATED FOR THE COST OF SUCH SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. NOTE FOR THE RECORD: AGENDA ITEM 29 WAS DEFERRED. NOTE FOR THE RECORD: AGENDA ITEM 30 WAS WITHDRAWN. 23. AUTHORIZE AGREEMENT:' R.C. TROTT, CONSULTING ENGINEERS, INC. TECHNICAL PROBLEMS IN POLICE & FIRE RADIO SYSTEMS. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-1028 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, BETWEEN THE CITY AND R. C. TROTT, CONSULTING ENGINEERS, INC., FOR SPECIAL ENGINEERING SERVICES TO BE FURNISHED BY SAID FIRM IN ORDER TO RESOLVE SERIOUS TECHNICAL PROBLEMS WITH THE CITY'S POLICE AND FIRE RADIO SYSTEMS; USING PREV- IOUSLY APPROPRIATED FUNDS THEREFOR. (Here follows body of resolution,.(mitted 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 Peres, Jr. Coauaisoioner J. L. Plummer, Jr. Vice-Hayor Joe Carollo Mayor Maurice A. Werra NOES: None. 35 Lj 24. WAIVE REQUIREMENT OF FORMAT,, SEALED BIDS: 2-DISK DRIVES & 1-TAPE DRIVE FOR DEPARTMENT OF COMPUTERS AND COMMUNICATIONS. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-1029 A RESOLUTION WAIVING THE REQUIREMENT FOR FORMAL SEALED BIDS FOR FURNISHING TWO DISK DRIVES AND ONE TAPE DRIVE FOR THE DEPARTMENT OF COMPUTERS AND COMMUNICATIONS; AUTHORIZING THE PURCHASE FROM BURROUGHS CORPORATION AT A TOTAL COST OF $112,980.00; ALLOCATING FUNDS FROM THE 1981-82 OPERATING BUDGET OF THE DEPARTMENT OF COMPUTERS AND COMMUNICATIONS; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO IS- SUE A PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Perez the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. 25. RESCIND RESOLUTION 81-618 :KITH METRO ELECTRIC SERVICES AND AUTHORIZE AGREEMENT WITH MET CONSTRUCTION INC. FOR MIAMI SPRINGS GOLF COURSE - IRRIGATION SYSTEM. The following resolution was ir:�coduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-1030 A RESOLUTION RESCINDING RESOLUTION NO. 81-618 WHICH AUTHOR- IZED THE CITY MANAGER TO EXECUTE A CONTRACT WITH METRO ELECTRIC SERVICE, INC. IN THE AMOUNT OF $30,000 FOR MIAMI SPRINGS GOLF COURSE - IRRIGATION SYSTEM; AND FURTHER AUTHOR- IZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MET CON- STRUCTION, INC. IN THE AMOUNT OF $30,887 FOR THE SAME PROJECT; AND TO EXPROPRIATE THE ADDITIONAL COST OF $887 FROM BID . SECURITY POSTED BY METRO ELECTRIC SERVICE, INC.; WITH MON- IES THEREFOR ALLOCATED FROM THE "MIAMI SPRINGS GOLF COURSE ENTERPRISE FUND" IN THE AMOUNT OF $30,000 TO PARTIALLY THE CONTRACT COST; ALLOCATING FROM THE SAID FUND THE AMOUNT OF $3,300 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $600 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE; ALLOCATING FROM SAID FUND THE AMOUNT OF $1,240 TO COVER THE INDIRECT COST. (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- 36 DEC 101981 1_j AYES: Commissioner Miller J. Dawkins Comvkissionbr Demetrio Peres► Jr. Commissioner J. L. Plutm%►er► Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES% None. 26. GRANT RIGHTS AND PERMITS TO METRO TO MAINTAIN BRIDGE TYPE STRUCTURES, FOUNDATIONS, SUPPORT AERIAL GUIDEWAYS FOR RAPID TRANSIT SYSTEM - STAGE 1. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 81-1031 A RESOLUTION GRANTING A RIGHT AND A PERMIT AND GIVING AUTHOR- ITY TO METROPOLITAN DADE COUNTY TO CONSTRUCT AND MAINTAIN BRIDGE -TYPE STRUCTURES AND FOUNDATIONS TO SUPPORT AERIAL GUIDEWAYS FOR THE RAPID TRANSIT SYSTEM - STAGE I OVER AND ABOVE THE PUBLIC STREETS OF THE CITY OF MIAMI AT TWENTY TWO (22) LOCATIONS AS PER EXHIBIT "A" HEREWITH ATTACHED AND MADE A PART THEREOF, SUBJECT TO THE REQUIREMENTS OF THE DIRECTOR OF PUBLIC WORKS. (Here follows body of resolution, omitted here and or 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 J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. 27. INCREASE SCOPE OF CONTRACT - COMPLETION OF DORSEY PARK DEVELOPMENT AND RENOVATION. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-1032 A RESOLUTION AUTHORIZING AN INCREASE IN CONTRACT IN AN AMOUNT NOT TO EXCEED $7,000 BETWEEN THE CITY OF.MIAMI AND THE MORRISON COMPANY D/B/A THE MORRISON COMPANY SOUTH FOR THE COMPLETION OF DORSEY PARK - DEVELOPMENT AND RENO- VATION (2ND BIDDING), SAID AMOUNT TO BE PROVIDED FROM THE 117TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT 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: Mr. Dawkins, Mr. Perez, Mr. Plummer, Vice -Mayor Caroolo and Mayor Ferre. NOES: None. 3 NOTE FOR RECORD: AGENDA ITEMS 37, 38 & 39 WERE WITHDRAWN. 28. APPOINT TWO MEMBERS TO THE CIVIL SERVICE BOARD. Mr. Carollo: We have a problem with 40, there are three members that are up in 40, the three members are appointed by the Commission. If we don't appoint at least two of those three now they will not have a quorum at their next meeting. Am I correct, Mr. Manager? Mr. Gary: Yes, sir. Mr. Carollo: So I would make a motion.... Mayor Ferre: I have no problem with the appointment of two of those. Mr. Carollo: Well, my motion is that we appoint - can you read the names to me, Mr. Gary? I feel better this way. Mr. Gary: Gerald Silverman, Charles Hadley.... Mr. Carollo: All right, that's it, those are the two names, Mr. Gary, that I'd make a motion that we reappoint to the Civil Service Board and the third appointment we'll take up at a later time. Mr. Plummer: We:;_, who are the two that you're proposing to reappoint? Mayor Ferre: Heis reappointing Gerald Silverman and Charles Hadley. Mr. Plummer: And the, one that you're not reappointing? Mr. Carollo: The onq that he didn't read. Mayor Ferre: There is a motion, is there a second? Mr. Plummer: Yes. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 81-1033 A RESOLUTION APPOINTING TWO MEMBERS TO THE CIVIL SERVICE BOARD nF THE CITY OF MIAMI, FLORIDA. (Here "allows body of resolution, omitted here and on file in thq Office of the City Clerk.) Upon being gpconded by Commissioner Plummer the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo ' Mayor Maurice A. Ferre NOES: None. Mr. Plummer: Question, when are we going to take up the third one? Mr. Carollo: Next meeting. Mr. Plummer: All right. Mayor Ferre: A Christmas present. Mr. Plummer: No, obviously it won't be a Christmas present. Mr. Carolln: It will ne a big Ho -Ho -Ho. 38 DEC i 01981 0 29. ALLOCATE $676,543 FY 81-82 FEDERAL REVENUE SHARING FUNDS TO PREVIOUSLY FUNDED SOCIAL SERVICE AGENCIES. Mayor Ferre: Now, on your list, Mr. Manager, we've got Item 16 left which is Federal Revenue Sharing. Go ahead. Mr. Gary: Yes, sir. Ms. Dena Spilltan: Mr. Mayor and members of the City Commission, as you're aware, every year we allocate a certain number of dollars for Social Services to be funded under Federal Revenue Sharing. This year you have postponed making a decision on these agencies for three months so we have funded each of them on an on -going basis through December 31st. Our recommendation is that the agencies that are currently funded that can be found on page 2 of your memorandum continue to be funded through this fiscal year and I would be happy to answer any questions on any of the agencies for you. Mayor Ferre: All right, questions from the Commission on the presentation which is part of the record on Item 16, the recommendation by the administra- tion? Are there any questions from any members of the City of Miami Commis- sion? Mr. Plummer: The only question I have, Mr. Mayor, is, Dena, I didn't find, and maybe it is here, organizations who requested who did not receive. Ms. Spillman: Commissioner Plummer, because we had budget cuts this year and because we knew there would not be additional funds we did not solicit pro- posals from any agencies. Mr. Plummer: Are there any agencies here that were not funded in previous years, or last year? Ms. Spillman: You mean new agencies? Mr. Plummer: Yes. Ms. Spillman: No, sir. Mr. Plummer: Are all of them receiving in direct percentage the approximate amount that they received last year? Ms. Spillman: Exactly the same. Mr. Plummer: Thank you. Mayor Ferre: Wait a minute, Borinquen Health Center? Ms. Spillman: No, sir, that was a previous action taken by the City Commis- sion. Mayor Ferre: All right, is there anybody else that has been cut? Has any- body else been added? Ms. Spillman; The only agency that has been added which was on your action was Espira. Mayor Ferre: Espira, right, that's what I thought. Okay. Now, any other statements or questions from members of the Commission? All right, now, is this a public hearing, Mr. Manager? Mr. Gary: No, sir. Mayor Ferre: Any further discussion? Is there a motion then? Mr. Carollo: Move. Mayor Ferre: Is there a second? Mr. Emilio Lopez: Excuse me, Mr. Mayor? DEC 101981 Mayor Ferre: I'm asking for a second and then we'll.... Mr. Perez: Second. Mayor Ferre: All right, there is a second. Now under discussion, who wants to discuss it? Who? All right, call the roll. Mr. Dawkins: I'd like to hear from Mr. Lopez. Mayor Ferre: All right, there is a request by Commissioner Dawkins that Mr. Lopez be heard. Mr. Emilio Lopez: I am Emilio Lopez, Executive Director of Borinquen Health Care Center, a program funded by HHS, patient fees and from 1974 until October 7th by the City of Miami. Borinquen Health's prime objective is the delivery of quality health care to consumers of the participant target areas bf Wynwood and Little River. We serve 11,890 unduplicated services clients with a total of 28 to 30,000 patient visits not including social services and transportation. Our ethnic composition is 52% Puerto Rican, 20% Haitian, 13% Cuban, 3 black American, 2 white and 10% other Hispanics. Our clientele is classified under a sliding scale, this system was .... I am here to talk to you about a pro- posed Federal Revenue Sharing Funds. On September 24th, 1981 the Commission passed a resolution to allow all Revenue Sharing Funds from us to continue operation through November 30th. All final actions or appropriations to be on November 12th. On October 7th Borinquen Health Care received a letter hand delivered stating that the C*ty had rescinded its Federal Revenue Sharing Funds as October 8th. At no time was the agency formally advised of the pro- posed action of the Commission. Upon receipt of the letter the following steps were taken by the clinic administration: Questioned the City staff the reasons for the action. The response has been that the staff had recom- mended all allocations to be kept at the same as the prior year. In search of an answer, Borinquen requested a transcript of the October 7th Meeting and the transcript, the only reasons given by the City to rescind the monies were the City was not involved in health, Aspira, a Puerto Rican Program, the money was given was a national organization dealing with employment and PROC was a failure and there were other personal reasons that I didn't include. I would like to make several observations about the above reasons. In 1978 Commissioner Plummer stated that the City food for the elderly, health and employment should be the top priorities. All Commissioners agreed. The statement was translated by the staff in August, 1978 into a document that was included with the 1978 Revenue Sharing Request Package. According to the package, health was a priority higher than social service referrals and employment. Consequently, City staff advised Borinquen Health Care Center, Inc. that it's programs, the Puerto Rican Opportunity Center could not get funded, it was strictly for referal, counseling and employment. In order to comply, this program was changed to be the social service component of Borin- quen Health Care Center. In 1979 with the arrival of the Office of the Governor of Puerto Rico, the National Puerto Rican Forum, the opening of the Eugenio Maria de Hostos which includes CAA, Manpower, Food Stamp and other agencies Borinquen saw no need to duplicate existing services. There- fore, for the 79-80 proposal Borinquen requested funds to be directed for health services we include social service department. Mr. Carollo: Mr. Lopez, excuse me, your three minutes have been up for quite some time now, sir. We have a policy that we are going to stick by that we have three minutes for individuals. We were kind enough to.... Mr. Lopez: I have one more minute. Mr. Carollo: •It has been blinking for quite some time, sir. We have been kind enough to let you go over your time, let you speak, now what I would like to do now is open it up for the Commissioners and see if there are any further questions from the Commission. Mr. Lopez: Well, can I make a couple of sentences before.... Mr. Carollo: Can you make it brief, sir, 50 more seconds? Mr. Lopez: Okay. The thing is that Borinquen Health Care Center was cut, my opinion of this was that the only reason these funds were cut is in retaliation to Borinquen Health Care Center for what I did as a person, not supporting the Mayor in the last election. I got proof of this...... Mr. Carollo: Well, sir, I totally disagree with you and I think you have more than your fair share of time than has been allowed to other people 40 DEC n +oQ1 W V here today and will be allowed in the future. Now, what I would like to do is open it up for any questions any members of the Commission would have and if there are none let's get along and vote. Mr. Lopez: I have been here.... Mr. Carollo: Very good, sir, if you could pass them along I'm sure they'll read them when they get a chance to. Mr. Plummer: Mr. Vice -Mayor, I would like to ask of Dena and of the Man- ager. Dena, once again, I have to voice my objection, and I will have to vote against the proposal and I in particular will hone in on the same thing that I have.ho0ed in on every year. Of this proposed budget better than 25% of this budget moneys are going towards something that is not rightfully a City thing and that is the Dade County Schools. It is appropriately said right there, Dajde County Schools (1) After School Care, that is $192,000, Dade County Schools Community Schools $65,000. Now, no one, and I'm not saying that they ar not fine programs but they should be funded by the Dade County Schools. They have a millage, we have a millage and I object to the fact that the City of Miami is having to use its resources to supplement the School Board who is not at the maximum amount of their millage. I think it is wrong, there are other programs here that are very very important and as far as I'm concerned I'm all for the programs, they serve a useful purpose but they should not be funded by us, they should be funded by as outlined on your agenda, the Dade County Schools and I think it is wrong that 25% of this budget goes - I don't want to say misappropriated, but not being paid for by the proper agency. Mr. Mayor, you've heard that story before, you've heard it every year. Mayor Ferre: All right, we have a motion and a second. Is there any further discussion? If not, Mr. Clerk, call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 81-1034 A RESOLUTION ALLOCATING $674,543 OF FY '81-82 FEDERAL REVENUE SHARING FUNDS APPROPRIATED BY PASSAGE OF ORDINANCE NO. 9231, ADOPTED SEPTEMBER 244 1981, TO PREVIOUSLY APPROVED SOCIAL SER- VICE AGENCIES LISTED HEREIN FOR THE PERIOD JANUARY 1, 1982, THROUGH SEPTEMBER 30, 1982; AUTHORIZING THE CITY MANAGER TO ENTER INTO AND/OR AMEND THE EXISTING AGREEMENTS WITH THE AFOREMENTIONED AGENCIES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Perez the resolution was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES; Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Ferre: •I want to make a statement on that. I'm voting with the recom- mendation of the staff but let me address the issues that are here before us. I think Plummer is correct philosophically. Pragmatically the problem is that I don't know how we can deal with this issue without disrupting crime on the streets. The police officer's program and the..... Mr. Plummer: No, this is not the SRO. Mayor Ferre: It's After School Care. Mr. Plummer: This is After School, this is not the School Resource Officers, Mr. Mayor, we finally resolved that with them. Mayor Ferre: Yes, but after school care is a program in which we.... Mr. Plummer: It is a form of Day Care. R 1 DEC 10 1981 7� ski. Mayor Ferre: We are helping the school system to keep some of our Miami based kids in school after so that the working poor, I'm talking about Black kids and Cuban kids and White kids and all kinds of working poor can have jobs and not have to worry about their children being out in the street. Now, I think this affects crime and the crime rate in the City of Miami. I do think, however, Dena and Mr. Manager, that we really have to sit down and revisit and I don't think,next year we're going to be cut further and we have to tell them that they're going to have to look for sources of money but I don't think we should do it this year. That's a pragmatic reaction on my part. Secondly, with regards to the Puerto Rican Health Care Center, that started as a job opportunity and a job train- ing and in my opinion we have been derelict in the past couple of years when they got away from that because in my opinion, this is my personal opinion, failed. And I think they failed because of the people that were involved and there is no question that some of the people involved that were being paid out bf this were paying more attention to politics, both the poli- tics of Miami and the politics of the socialist party of Puerto Rico which espouses the independence of Puerto Rico, and I don't think it had anything to do with the well-being of the Puerto Rican and other community here and job training. Aspira is a non -political nationally recognized outfit that has job training opportunities in many many places throughout the United States, a proven track record, funded by the Federal Government and non- political in nature. And poor people who need job training, they don't need politics and as far as I'm concerned that was an appropriate move. Based on those things that I've stated, I vote yes on the motion. Mr. Plummer: Mr. Mayor, let me also include on the record that this money that is being allocated....... Mr. Carollo: Wait a minute. Mr. Mayor, did everybody vote already? You're out of order then, Plummer. Mr. Plummer: I'm out of order? Mr. Carollo: Well, the City Clerk has just stated that the motion is passed. Have the votes been counted? Mr. Plummer: Well, the last vote has been taken.... Mr. Carollo: Well? Mr. Plummer: Oh, I'm sorry, I'd be happy to wait. Mayor Ferre: Well, I think what's happening is, as I understand, Commissioner Carollo is saying that if you're speaking to the motion, we have passed it. Mr. Plummer: I'm speaking to the record, Mr. Mayor. The motion is passed and the motion is over. Mayor Ferre: All right, go ahead. Mr. Plummer: Mr. Mayor, the only thing I wanted to put onto the record, that as you know, that it no longer is reflected because it is a transfer of funds, that almost $400,000 of these funds are going for Day Care Centers and, you know, in the past it used to reflect here and it no longer does. So I would hope that we could once again not only revisit, as you say, but have some very frank discussions with the School Board. 42 DEC i C. 1;;C1 1W Inw 30. INSTRUCT CITY MANAGER TO PREPARE SCHEDULE FOR GRADUAL PHASING OUT OF CITY OF MIAMI DAY CARE OPERATIONS TO INCLUDE AFTER SCHOOL CARE PROGRAMS. Mayor Ferre: Mr. Gary, I would like to state Commission, and I would like to make a motion begin the process of phasing out the day care After School Care, begin phasing out.... Mr. Plummer: And Community Schools, those are Schools'. that I think the City of Miami to that effect right now, centers and the Dade County the issues that are Dade County Mayor Ferre:. ... and Community Schools. And I would like for you to first of all go through the staff procedures of discussing it with them and bring it back to the City Commission by February and with a specific recommendation of a phase out by the end of this school year, that it is not our responsibil- ity and we can no longer afford to do this. And I think rather than chop them off hatchet style at the end of the money we'd better let them know that we're phasing out and that it is the policy of this Commission to phase out these projects and I so move. The following motion was introduced by Mayor Ferre who moved its adoption: MOTION NO. 81-1035 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO BEGIN THE PROCESS OF PHASING OUT CITY OF MIAMI DAY CARE OPERATIONS, INCLUDING DADE COUNTY AFTER SCHOOL CARE PROGRAMS, AND TO SUB- MIT A SPECIFIC RECOMMENDATION TO THE CITY COMMISSION TO EF- FECT SUCH PHASE OUT TO COINCIDE WITH THE END OF THE SCHOOL YEAR. Upon being seconded by Commissioner Plummer, the motion was passed and opted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. 403 4W wr 31. DISCUSSION ITEM: AGREEMENT WITH MIAMI-DADE COMMUNITY COLLEGE CLERICAL SKILLS CETA TITLE II-B PARTICIPANTS. Mayor Ferre: Mr. Manager and members of the community that have an interest in this matter, Mr. Manager, as I recall, at the last Commission Meeting when we visited this issue it was the consensus, it was the unanimous vote of this Commission to award it to Miami Dade Junior College.... No, not unanimous because you had to abstain. It was a 4 to 0 vote. Now, there have been mem- bers of the community, CB based organizations, we heard from one, Skip Chavis came up and he said, "Well, you know, how about us in the community?" How about CBO's, G'ommunity Based Organizations? The answer was, "Well, the Miami Dade Junior College is going to do this for less than $1,000". He wanted, as I recall, $2,100 or $2,200 and, therefore, there was no way we could do it that way. Since that time, people have come and they have posed two basic questions on this issue. Question (1) was if we don't get the support for job training of governmental entities like the City of Miami then CBO's and minority owned firms such as ourselves will not survive. Now that is ques- tion (1). And I said, "Well, that's life." Then they answered, "Well, why did you change your mind?" I said, "What do you mean change our mind?" Said, well, last year your gave contracts to CBO's and minority owned firms to do this even though we did charge more. Now, all of a sudden what was good last year is not good this year. Why did you change your policy? That's the first question that's asked. The second question that is asked, and Mr. Krause, I want you in particular to listen to this, is there was a minority firm who was black oriented in the black community qualified to do the job and yet the answer to them was, "Well, you're only going to do 20 and, there- fore, that's too small and we're not going to give it to you." So you little black firm can't get anything. Now, you know, if we're going to go around treating minority firms on that kind of a basis then minority firms are never going to be big firms because they're always going to be little firms. See? Now, I think that is true also for some of the Cuban based or Little Havana based entities. Now, it is reasonable to understand that black folk and Cubans who live in an area where they live and sometimes work if they can find work even though sometimes there's not much work there, but if we're going to be doing job training for individuals I think there is an argument to be made that it should be in that community because of what value is it for us. You know, Miami Dade Community College doesn't need us to survive, it doesn't need us for any of these things but some of these CBO's do need us if they are to survive (1) and (2) how about this minority question and (3) how about the community based question? Shouldn't we be giving some consideration to these people who have their operations in the black com- munity and in Little Havana? Mr. Gary: Mr. Mayor, I'll begin the discussion and I'll ask Mr. Krause to respond to some of the specific questions but I think two things need to be mentioned. First of all, we do have a commitment to Affirmative Action for obvious reasons, but secondly, we also support the local CBO's. However, we don't have a President Reagan who does. And if you recall, last year we had $1,000,000 for the same thing, this year we only have $120,000. We also last year had $1,000,000 that we had to spend in a very short period of time and if I recall, that period of time was something like six months which was very difficult to do and we were able to afford more expensive types of programs. :L think the key issue here now is that we only have $120,000, the proposal§ that were submitted and the people who I have discussed the proposals with exceeded the cost of Miami Dade Junior College. We selected Miami Dade Junior College because it was centrally located and because they were able to handle all of the people all at one time and there will be a consistency of programs. Now, with regard to other questions you asked, I would like for Mr. Krause to respond to those. Mr. Krause: Well, the basic problem is the one of reduction in funding and the instructions from the CETA Consortium to be able to support as many participants in the program as we possibly could do. The only feasible way that that could be done was to choose one school that was able to handle the program.... Mayor Ferre: Mr. Krause, that was all said at the last meeting. Now, answer the question. The question is did you or did you not tell a black based organization that their proposal only covered 20 individuals and Al DEG that was too small and they could not be considered? Mr. Krause: I didn't personally say that.... Mayor Ferre: Well, I'm not saying that you personally did it, Mr. Krause. Did the City of Miami? Mr. Krause: Yes. Mayor Ferre: You did? Mr. Krause: Yes. Mayor Ferre: Were they unqualified, the black firm? Were they unqualified to train clerical employees? Mr. Krause: fn our judgement Miami Dade was better qualified.... Mayor Ferre: I didn't ask you that, sir. I didn't ask you whether Miami Dade was qualified, of course, they're better qualified and they were better qualified last year too. The question is was the black based community firm qualified to train 20 people for clerical jobs? Mr. Krause: I think probably yes. Mr. Dawkins: Mr. Mayor, Mr. Krause, as you are answering your questions at times it is Miami and at times it is you. Can you be consistent, either you are going to make these decisions or the City of Miami makes them. Now, I hope I'm wrong, it looks like when it is convenient for you it is the City of Miami, when it is unconvenient it is "I", so could you be a little more consistent? Mr. Krause: This whole process is done through staff up to and including the City Manager so, you know, sometimes I may say that I do things and other times I may say that we do things but essentially the administration does things as an entity. Mayor Ferre: My next question to you now is, you answered to the black firm. were there any Little Havana based firms that in your opinion were qualified to do the job? Mr. Krause: We had two or three schools that could handle a smaller number. We had Miami Dorsey. Miami Dorsey indicated they could handle 20 partici- pants, Miami Skill Center said they could handle 25.... Mr. Carollo: I can't hear you, sir, can you speak into the mike, please? Mr. Krause: Miami Dorsey said they could handle 20 participants, Miami Skill Center said they could handle 25. Mayor Ferre: I'm not asking you, Mr. Krause, how many they could handle. I'm asking you are there any qualified firms, you said that there was a black qualified firm in the Black community. I am now asking you were there any qualified firms in the Latin community, yes or no? It is a very simple question. Mr. Krause: The answer is yes but their costs were higher than what.... Mayor Ferrer I didn't ask you that, Mr. Krause. You continually want to answer my question by injecting something that I'm not asking you. Now, I understand that the cost is substantially more, that has been said into the record at least a dozen times. I am not an idiot, you do not have to repeat it to me the thirteenth time. I heard you, I heard the Manager and I heard what has been said. What is before us now is the issue of commun- ity based organizations, their survival, minority organizations and the ghetto, that's what is before us. Mr. Gary: Mr. Mayor, I'd like to respond. First of all, there are quali- fied Latin firms, there are qualified Black firms. The issue is one of cost. The issue also is one of what the federal government is providing to us this year as opposed to last year. The issue also, Mr. Mayor, and one of the key things I think is important are the people we are trying to serve and I would like to be accomodating to the local ®0's but we also have to be concerned about the people we're going to serve. And one of the I-roblems we have had with all of these training programs is that • we have trained people with no official certification —that they can go to a job and say, "I am certified:" that is recognized in the work world. one of the advantages, if I may, of Miami Dade Junior College is the fact that they will give academic credit to these.... Mayor Ferre: Of course, and then black people that are going to be hired should all come from Harvard University and now Howard University. Let me relate it to you because I'm using Father Gibson's example. All right? Now, under that basis that goes back to the old police argument about Affirm- ative Action that why should we put on a police force someone other than the most qualified under a test. Now, as you recall, we said as long as that person is qualified then we have other considerations to take into account. That is why I went to the trouble of asking Mr. Krause are there any Black qualified firms and he said there are. Okay? Now, as long as they are qualified-I'm'not asking are they the most qualified because I know that those firms cannot compete with Miami Dade Junior College just like Black officers and Cuban and Latin officers cannot compete with those when they take a test and if we're going to continually put the number 1, 2 and 3 on the test we're never going to have black police officers and we're never going to have Latin police officers. Now, let me tell you also about the other thing that is involved. You, Mr. Manager, to your credit, have recom- mended on this Commission and this Commission has accepted, and I think to our credit even though nobody has noticed it, a minority purchasing proced- ure. Now, the County has not done it quite the way we have done it, we have taken a quantive leap forward. Now, that does not take into account who is the most qualified and who is going to give the best price and the best ser- vice because under that premise we will never have Black or Latin firms ever getting any business which has been the case up until now. So I ask you, and I'm point blank, is there not a consideration we should give to the giv- ing of part of these moneys to community based organizations that are minor- ity owned and minority operated that are qualified? And I'm not saying who, that's your job to choose. Mr. Gary: First of all, Mr. Mayor and members of the City Commission, based on the decision of this City Commission and the time frame that we were under in terms of trying to meet the guidelines of the CETA Consortium, we have entered into a contract with Miami Dade Junior College for these services. Mayor Ferre: You have entered into one? Mr. Gary: Yes, sir. Mayor Ferre: Has it been signed? Mr. Krause: Yes. Mr. Gary: Yes, sir. Mayor Ferre: (INAUDIBLE, NOT USING MICROPHONE) .... We have a contract which is a binding contract. When was that contract signed? Mr. Krause: I believe it was signed November 22nd or thereabouts. Mayor Ferre: (INAUDIBLE, NOT USING MICROPHONE) .... Do you understand what has happened here? The contract has been signed, that's it. UNIDENTIFIED SPEAKER: Then what is the discussion? What is the agenda? Mayor Ferre* Because I had requested that it be put on the agenda for dis- cussion. The item was signed when? November what? Mr. Krause: November 17th. Mayor Ferre: November 17th the contract was signed. Mr. Plummer: After it was approved by this Commission. Mayor Ferre: After it was approved by this Commission so we're under con- tract. Mr. Dawkins: May I ask a question? Mr. Gary, are these federal funds that you're discussing? Mr. Gary: Yes, sir. .� DEC 110 1981 Mr. Dawkins: Would there, in your opinion, be the possibility that if the City of Miami had awarded a contract and did not get the best services for the best dollars, that there might be a possibility that the government would demand that you repay them? Mr. Gary: Yes, sir, one of the issues that was raised by the CETA Consort- ium, Department of Labor was the cost per participant whereby the Department of Labor felt that in the past our cost per participant was too high and they ordered or mandated that we reduce this cost and if we didn't we would be subject to audit findings and we would have to pay back funds. Mayor Ferre: Well, obviously there's nothing else we can do. Mr. Krause This is the Dean of Administration from Miami Dade. Mayor Ferre: excuse me? I can't hear you at all. Mr. Krause: This is the Dean of Administration from Miami Dade Community College, Kathy Sigler, she has asked for an opportunity to speak. Mayor Ferre: All right. Ms. Kathy Sigler: I would just like to make one comment. We share..... Mayor Ferre: We need your name, ma'am. Ms. Sigler: I'm sorry. Kathy Sigler, I'm the Dean of Administration, Miami Dade Community College, New World Center Campus. I would just like to say we share your concerns about the CBO's but I would also like to point out to this Commission that we also share the concern about the minority students and participants that are involved. When you take a firm that is charging three times as much as another firm then you serve one-third as many students and those are minority students both 31ack aid Hispanic that would not be served. Mayor Ferre: Ms. Sigler, I don't know how you feel about it and I don't know where you're at, but what I hear, I'm not Black and I'm not poor, I am Latin even though I'm not Cuban. But what I hear from the Black community and what I hear from poor Puerto Ricans and Cubans is that where it is at in the 80's is economic upward mobility. Now, if in this country we're going to take an attitude as you are, which is valid, you've got a valid point. Please tell me how these minority firms are ever going to survive? Ms. Sigler: Well, my feeling is if we.... Mayor Ferre: You don't pay taxes. Ms. Sigler: I beg your pardon? Mayor Ferre: You do not pay taxes, you are not a taxpayer. Ms. Sigler: I am not a taxpayer personally? Mayor Ferre: No, you're not up here personally, you're here as a Dean, you're not here as a person representing yourself, you're here representing your school. Ms. Sigler: That's correct. Mayor Ferree You, not you personally, Ms. Sigler, you the school do not pay taxes. You are government subsidized and what you're doing is you're compet- ing with the private sector, they're going to have to lay off people and eventually they will die and go out of business and they will not survive. Now, is the well being of this community served because you've been able to train at the lower level 30 more clerks when in effect you're killing the initiative of a Black firm called Miami Dorsey or a Cuban firm called Bi- Lingual orientation or Garces Commercial College? Where is society best served, because you trained 30 more clerks to take lower paying jobs or be- cause we've been able to help a minority firm establish itself? Ms. Sigler: Well, we've always taken a position at the college that the training of the clerks is only the beginning of their education, not the end. Mayor Ferre: All right, is there anything else that we need to discuss on this issue? Yes, sir, I'll recognize yo apickly. DEC 10 41, 1181 Mr. Sergio De Pedro: My name is Sergio De Pedro, I am the President of Garces Commercial College at 1301 S. W. 1st Street, Miami, Florida. For more than 35 years our institution, Garces Commercial College has been of- fering a service to young people who wish to better themselves. We had been in the educational field for almost 16 years in Havana, Cuba and for more than 20 years now in Miami. Our school is a co-educational vocational technical and business school of minority ownership with over 35 years exper- ience in the field of education. We cater specifically to the middle and lower income population that can not afford to attend 2 and 4 year colleges. 90% of our students are economically disadvantaged and in need of various forms of financial aid in order to achieve their academic goals. Due to the fact that Garces is a privately owned operation, of course, makes it impossible.for us to compete with a State or County operated institute which receives subsidy from tax funds. We do, however, serve a population which is in dire need of educational opportunity to improve their lot in life. The training we offer helps them become productive members of our society and future taxpayers to the benefit of all. We respectfully request you reconsider your allocation of funds of November 12th to include our insti- tution so that we might continue to serve this minority population which so badly needs our help. In so doing, you will in the long run serve the best interests of all the members of our community. For a few years we have been involved with both the City of Miami and the City of Hialeah in the CETA Program. In the year ended Fiscal Year September 30, we partici- pated in the vocational training in the area of typing and bookkeeping, key punch and computers here in the City of Miami. Actually, we are in the CETA Program with the same argument that the administrator mentioned now. We are in the Hialeah City with the same problem like here and we don't have the opportunity right here even so that we served for a few years to the City of Miami. Our hope is that you decide to continue the productive relation that can be established between the City and Garcee•. We have too nationally accredited, we are not a small institution, we have accredita- tion of the American Independent Colleges and Schools and the National Trade and Technical Schools. As a nationally accredited institution with a long standing reputation in the field of education, we stand on our past perform- ance and request respectfully that you reconsider the allocation. Mayor Ferre: Mr. Manager, we're now stuck because we've signed a contract and we cannot revisit that or change that. Now, I would like to, as we, Plummer has always had I think a very very good statement that he has made about sodial services. The first priority of social services are the hungry so our money goes to feed people. In my opinion, the second priority is to train people to get jobs to be gainfully employed. Now, I think that we, as federal funds are now being decreased, we need to consider or reconsider our priorities because we're not going to be able to do all things for all people. Now, we just said that we want you immediately to start visiting with the school system and with that day care. I'm sorry, and please don't misunder- stand, I am not a republican, I do not subscribe to Reaganomics. Okay? But you must admit that the President and the Republican Administration have a certain amount of validity in the question of people fending for themselves. Now, it seems incongruous to me that we are spending $3,000 of public funds to have one child be taken care of in a day care center when that same $3,000 could train 3 people to get a job who probably are not in the job market be- cause they're not qualified to get that job and I think we ought to take those moneys, and I, and perhaps we may need to accelerate the process of closing down these day care centers and using those moneys for job training opportunities. Now I'm talking specifically, and I want you to listen very carefully on this, now you know that the JESECA project is in serious trouble in job training. Okay? With all due respects to the day care center, I would rather take $100,000 from the day care center and the school operation and give it to JESECA for job training as long as they're qualified, and you're going to have to verify it. And I'm not saying Mr. Garces' firm or that Charron Williams, who are the people that we gave contracts to last year, Mr. Krause? Mr. Krause, who did we contract with last year, Charron Williams? Mr. Krause: I'm not sure I can remember all twelve. Mr. Gary: Garces College. Mr. Plummer: It was $1,000,000 last year. Mayor Ferre: Well, I want you, what I'm saying is one man's opinion out of five here, is that I think that we have to start phasing out the less essent- ial things and phasing in job training opportunities with JESECA, and I'm talking about Miami Dorsey and I'm talking about Garces and I'm talking about other minority owned firms because as Miller Dawkins just said to me, those professors at Miami Dade Junior College are going to have a job with or without this, but there are a lot of people that are employed by these firms that are not going to be employed and what they're doing is a productive thing for this community. Now I'm not saying that if they want $2,100 or whatever it is, they're going to have to cut that, they're going to have to come to a more realistic base. Somewhere in the middle there is a happy middle ground and I'm recommending that we rethink this whole thing and then bring it up for discussion in January, find the funds as I've recommended and fund these minority based organizations. Mr. Gary: Mr. Mayor, just one correction for information. If you recall, during the budget process we were concerned about the cost of Day Care and we increased the fees substantially to the point now that the cost per child is not $3,000 but it is'$365 per child and they are now paying a greater cost, we only pay $60,000 as opposed to $400,000 from the General Fund Budget for Day Care how so it is $365 per child. Mayor Ferre: Then find other areas where our priorities are feeding people (1), (2) training them to get jobs and be self-sustaining. That's the best way to have day care. 32. DISCUSSION ITEM: LOCATION FOR NEW STADIUM AT BUENA VISTA, ESTABLISH DEC. 15 TO FURTHER DISCUSS. Mr. Plummer: Mr. Mayor, if I may, as you know, I have to leave but I would like to leave a thought with the Commission. You are somewhat familiar. Mr. Gary, I hope this will be taken up at the January, the next meeting that we have, even next Tuesday if it is advisable. I sit as your representative to the Sports Authority for Dade County under the umbrella of the TDC. Mr. Mayor, you appeared there the other day making a plea on behalf of the City that the location be chosen within the City of Miami. The Sports Authority concurred with that thinking by picking the Buena Vista site. What I have to have, an understanding with this Commission is that that selection was made on a premise that the City of Miami was going to be giving up the Orange Bowl and the Baseball Stadium, both facilities which moneys would be used for the purchase of Buena Vista. Now, all I'm saying, and I don't want to get into a discussion, we could do it at the next meeting, if, in fact, the major- ity of this Commission which has never been asked for is not in concurrence, I think it must be known immediately to those people who are going to be doing the negotiation that tha City of Miami, in fact, is not going to give up those facilities. Mr. Managgr, I hope you will place this on the agenda for next Tuesday if possible. 4% DEC 1 01981 ` Mr. Carollo: J. L. just before you leave, real briefly, I move for handing over proceedings from the Orange Bowl and baseball stadium, however I want to make sure that instead of having 3 members from the City and the Sports Authority and 6 from theCounty, I want the City to have equal representation and none of this stuff that whomever we appoint, like it is now, they approve, otherwise we have to start all over again. At the same time, I would like to clarify - yes we will hand it over, but that that is not going to be tax exempt, that we are ex- pected to collect taxable revenues in that place. Mayor Ferre; Mr. Miller, look, J. L. has got to leave, but this is such a vitally important issues that we have to spend literally hours on it, and I think what we ought to do is to delay any further discussions until the 15th which is next week. Mr. Plummer: I merely brought it up to think about it. Mayor Ferre: I realize that, and I would like to, with your permission, in- struct the Manager to put it on as a special item for the 15th, even though it is a zoning matter, I think it is the first issues we should get into, because we are at a critical point where decisions have got to be made and I think we should not be the cause of misunderstanding. I don't mean to be disrespectful to Rick Zaldivar who is a very qualified reporter and who reported this story this morning and to the editors of the Miami Herald and to Roy Kenzie but there is a story in this morning's Herald, which in my opinion is not totally factually so. There is one thing where it says "Roy Kensey speaking for the City". Mr Roy Kenzie does not speak for the City. He is not authorized to speak for the City. I respect Mr. Roy Kenzie and I like him and admire him, but he is not authorized to speak for the City. The Commission speaks for the City, and we have not spoken yet, so I think we need to put all of this into perspective and this whole thing needs to be properly ... I made a statement before your committee. That is not the statement on, Rick was not there at that meeting, but Miss Sacks was there. Now, my statement was not reported in the Herald story, and since Rick was not there, he didn't know what I said, but that story this morning does not reflect what I said. Now, that is me speaking for myself, not for this Commission, but I think the Commission now needs to speak on it and expect you to put it on the 15th, first item on the agenda. 33. APPOINT AL CARDENAS AS CHAIRMAN OF THE CITY OF MIAMI SISTER CITY ADVISORY BOARD. Mayor Ferre: J. L., before you leave, since you are going on a Sister -City mission, we do not have a chairman, I'm sorry. Now we did have a chairman, Mr. Manolo Reboso, who was appointed to chair the Sister -City, but he is never active. Mr. Plummer: No, Mr. Mayor, excuse me. The status is, it was withdrawn. He withdrew hi;6 own name. Mayor Ferre: Oh, I'm sorry, thank you. I stand corrected. So at this point we don't have a chairman. Now, it happens that an individual who has shown a great deal of interest, and I have personally asked him. Al Cardenas has volunteered. He said "Look, it is a thankless job, nobody seems to want it, I will be doing a lot of traveling in Latin America and the Caribbean and I would like to become active if you would consider appointing me chairman." Mr. Carollo: I so move, Mr. Mayor. Mayor Ferre: Alright. Since he is going down, Ithink if he goes in the capa- city of chairman, it simplifies the whole process. Alright, there is a motion and a second that Al Cardenas now be made chairman of the Sister -City Committee. J0 Mr. Plummer: Advisory committee. Mayor Ferre: Advisory Committee. Mr. Plummer: Which is the umbrella. Mayor Ferre: Which is the umbrella. Okay. Now you all have to come up with your respective names and I would like to charge you that by mid -January you each sub- mit from 3 to 5 names that you want to serve on the Sister -City committee. Mr. Carollo: How large of a board are we going to agree upon? Mr. Plummer: I think we had a 15-member board before, Joe. There is a pre- sent board existing. Mayor Ferre:: I think we should have from 15 to 25 members, so please prepare to submit from 3 to 5 names at the January meeting so that we can have an active Sister -City Advisory Board. Alright, call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 81-1036 A MOTION APPOINTING AL CARDENAS AS CHAIRMAN OF THE CITY OF MIAMI SISTER CITY ADVISORY COMMITTEE. 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 J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre. NOES: None. 34. APPROVE RECOIDI14DATION OF ADMINISTRATION FOR FUNDING OF KWANZA FESTIVAL. Mayor Ferre; Mr. Manager, on the question -if the festival, I am worried about Kwanza coming up soon and the question of funding. Could you address your- self to that issue? Mr. Gary: Mr. Mayor, presently the committee in view of the resource constraints has authorized, or recommended a quantity allocated of $14,000. Mayor Ferre: The committee recommends that? Mr. Gary: Yes, based on funding constraints. Mayor Ferre: Alright now, state your name for the record, and your address. Mr. Parks: My name is Bill Robftson Parks. I live at 1250 West.Avenue, Miami Beach. I am representing the members or the Kwanza Committee, those citizens in the community who have expressed interest in being part or having input in the Kwanza activities this year. Mayor Ferre: Mr. Parks, let me make sure that we understand each other. There seems to be competitive groups that want to deal with Kwanza. Now, I know that you are part of the original group in place, is that correct? Mr. Parks: What I represent is a collection of the committee members of which there is no conflict, two conflicting groups. Mayor Ferre: Is Mr. McKnight here? r-1 DUO,,U�i 0 1981 Mr. Parks: No, but I think he has a representative here who can... Mayor Ferre: I just don't want to get, please understand, I do not want to get into an internal fight of the community as to who is going to control those funds. Mr. Parks: As I understand it correctly, I think the Cultural Advisory Council of Overtown already has scheduled activities that are not called Kwanza, how- ever we have combined those activities and overall schedule to have a Kwanza Festival that will have an impact on a larger, a greater area. It will have an impact on a larger area rather than just be limited to Overtown. That is not to take anything away from Kacko, or take anything away from what is happened•to:Overtown, but traditionally, Kwanza has been an area wide activi- ty. We have commitments that have been made, not in terms of contractual com- mitments, bui in kind, and sort of accountable commitments that have been made to making Kwanza an activity that can be enjoyed by communities not just in Over - town area, but in Greater Miami area and also we have a commitment from the De- partments in Youth program to provide either through in kind services or actual expenditures up to about $2,000 worth of programs to be combined with Kwanza as well. The recommendation that was made to us by the, I think it is the Cultural Division of the Department of Leisure Affairs, is to put together a committee that represents a cross-section of all the particular activities, thereby hav- ing more impact on employment as far as the Festival, also having more impact on the tourists attraction of the Festival and also to provide a broader range of services through the Kwanza Festival, so the recommendation that has been en- dorsed by all parties concerned and recommendations that have been endorsed by the Cultural Affairs Division of the Department of Leisure, which is not a recreation department, as I understand it is to, for them to be a professional independent coordinator, someone who is familiar with Kwanza and who has profes- sional performing arts background, communication and those types of disciplines who can represent a committee that is a cross section of all entities involved for the betterment of the Kwanza Festival. Mr. Dawkins: Mr. Parks, like you said in the essense of time, do me a favor. Tell me what you want, and tell me what you are going to do, tell me the amount of money and then tell me how Mr. McKnight and those tie in with the amount of money, please. Mr. Parks: Okay. I would like for the Commission, though the auspices of the City Manager to pass a resolution whereby you can hire through acting as fiscal agent for the $14,000 plus which will be a match also for the $10,000 NEA funds that are now in it Mr. Dawkins: Kwanza as Christmas, I mean that is fine for next year. I'd take that under consideration for next year, but right now as you know, Kwanza is around the corner. For you to hire a fiscal manager and bring him in... Mr. Parks: No, not a fiscal manager, a coordinator. Mr. Dawkins: Well, to hire anyone. It is just not possible. So you tell me, as a Commissioner how we can provide the funds you think, because I can't pro- mise you we are going to give you the funds you want. How you the funds and you tell me how Mr. McNight and you are going to put this Kwanza Festival on and let's get this show on the road. Mr. Parks: Okay. Well, you know Mr. McKnight is already a full time administra- tor for tho Cultural Folk Art Program of which Kacko is the adminstrating body. $14,000 is•recommended for the committee. Kacko already has some funds of their own if I am not mistaken that is going toward the activities. I have been in conversation with Mr. McKnight and I am sure that he in his official capacity with Kacko can function very properly in some sort of co -coordinator's position, but the recommendation from the community at large, the artistic community at large is for there to be a person of artistic background who has dealt with festivals not necessarily tied in with any particular organization who can act as a co -coordinator or a professional arts coordinator for the Kwanza Festival so we can get more mileage out of our resources. Mr. Dawkins: Okay, with the $14,000 what are we going to do? Mr. Parks: Well, with the $14,000 in additional hopefully to the $10,000, of course there is another amount of money that is in limbo between the City and the County for the tourist tax dollar. Mr. Dawkins: Wait, now wait. What are you asking for? Mr. Parks: I am asking for the authorization.. Mr. Dawkins: What are you asking for, $14,000, $10,000 or what? Mr. Parks: We are asking for a sum total of $24,000, $10,000 of which is already in escrow Mr. Dawkins:. Then you do not have to ask for it if it is already in escrow. Mr. Parks: What we are asking for is the $14,000. Mr. Dawkins: And with the $14,000, what are the plans for the $14,000? Mr. Parks: The plans for the $14,000 include on the seven days of Kwanza and also some pre-Kwanza activities leading up to Kwanza... the plans include on the 26th of December for there to Youth Kwanza, Parties in Youth, Youth Auction, all day field sports event at the for Youth Park.. Mr. Dawkins: How many dollars? Mr. Parks: Well, the cost of that breaks down to about I would say about $500.00 for that particular event. (INAUDIBLE COMMENT NOT PLACED INTO PUBLIC RECORD - NOT ON MICROPHONE) Mr. Parks: Beg pardon? No that is part of it. I would rather not give, be locked into figures per item because we don't really know.. Mayor Ferre: That is exactly what we were talking about. Mr. Parks: We don't really know really ... we are the Catch 22, We don't know what the budget is. Mayor Ferre: Well then, we don't know whether we can give you $14,000. Mr. Parks: Well okay, I am prepared to give you figures, but these are just ballpark figures and I would rather submit to you a finished final budget for the actual implementation of those funds. Mayor Ferre: You can't do that Bill. In other words, you have to tell us how you are going to spend the $14,000 and then the Commission.... Mr. Parks: Okay, let's go. $500 for that all day event. Okay, in the evenings with the Culmer review, tnat total amount of funds for that event will..... Mayor Ferre: Bill, can you come back in about an hour. Can you work that out and then come back maybe this afternoon? Mr. Dawkins: And go in my office and get someone to copy so you can give us a copy of what you are doing. Mayor Ferrel Will you also talk to the administration. Mr. Parks: Okay, you will still be in session. You will come back in session then? Mayor Ferre: Yes, we will be back at 2:30. Why don't you talk to.. Mr. Parks: I can't be here at 2:30. Al Howard: I think I can resolve this right now quickly. The $14,000 basic- ally is needed to match -some of these funds that we are getting from the County and from the National Endowment for The Arts. If we don't do that, we don't meet the entire budget, which is $74,000. �3 arc l0 4�31 Mayor Ferre: Are you recommending this? Mr. Howard: Oh yes. The funding we need, and then with the chairman who is really going to be the operator. Mayor Ferre: The administration is recommending the approval of $14,000 for the expenditure in the Kwanza Festival upcoming, yes or no? Mr. Howard: Yes. Mayor Ferre: Is that right, Mr. Gary: Mr. Gary: Yes sir. Mayor Ferre;- Alright now. Does the Festival Committee approve? Where is the Chairman of the Festival Committee. Did you approve that? Mr. Mendez: We approve it, but we have to go further on it. We approve it, but Mr. Mayor we have to... there is some information that we don't know what has happened. No. 1, the person that made all the presentations up until to this minute, her name is Acua Aleu. I don't know what has happened to that person. I don't know. I would like to say yes, let's approve it and let the Manager decide as to who is going to take charge of the administration with those $14,000. Mayor Ferre: Alright, now do you have a problem with that? Mr. Parks: I don't have any problem with that. Mayor Ferre: Do you have a problem with that? What is your problem. Speak into the microphone. State your name and address for the record. Ms. Adker: I am Anne Marie Adker, 238 N. W. 8th Street, the Golden Ghetto, Overtown. I would like to see the City of Miami administer those Kwanza funds. I feel as though it will be administered fairly that way. We have always, Over - town initiated the Kwanza activities. Mayor Ferre: Mrs. Adker, do you trust Howard Gary? Ms. Adker: Of course I do. Mayor Ferre: Alright, now I would like to recommend the following, if this Commission would make the motion that we approve the recommendation of the administration the expenditure of $14,000 as recommended also by the chairman of the Festival Committee and that the use of those funds be determined by the City Manager Howard Gary personally. Now, is that acceptable? Mr. Dawkins: So moved. Mayor Ferre: Is there a second? Further discussion? Call the roll. Now if you get angry, there is the man to get angry at. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 81-1037 A MOTION TO APPROVE A REQUEST BY MR. BILL PARKS, REPRE- SENTING THE "KWANZA FESTIVAL: AND ALLOCATING A SUM NOT TO EXCEED $14,000 AS RECOMMENDED BY THE CHAIRMAN OF THE FESTIVAL COMMITTEE STIPULATING THAT SUCH FUNDS SHALL BE HANDLED SOLELY BY THE CITY MANAGER, MY. HOWARD GARY. 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. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner J. L. Plummer, is Commissioner Joe Carollo D4 ►�.JI 35. DISCUSSION OF ARCHITECT SELECTION FOR DINNER KEY MARINA. Mayor Ferre: Now with all these people that are here on Item "E", Mr. Manager. I would like to ask, is Mr. Crowder here? Mr. Crowder, alright. Is Mr. PauV Walker here? Mr. Walker? Alright. Is Mr. Morris Kaufmann here? Is Mr. Robert Burns here? Robert Burns? Is Mr. John Gilcrest here? Mr. Manager?' Alright, there he is. Is Alfredo Rodriguez here? Alfredo Rodri- guez, where is he? I want him here in the room. Is Mr. Ed Ross here? Is there anyway we can get Ed Ross here? And is Gerardo Salman here? Now, it might be too late to get those individuals. Now, Mr. Manager. I am very concerned, and I have read carefully and last night I was up until 1 o'clock rereading these memorandums that had been marked out and I want to tell you how I feel about about this. The secondary issue here is who gets this con- tract. I am not worried about that. I frankly could care less. What I am worried about is the implication on the integrity of people. The implication in these papers is, in my opinion, borders on illegality and i am saying that the implications of illegality is something that must be visited by the State Attorney's office. Now, to simplify that process, since the inference as'I sense it in principle is the impropriety of Mr. Crowder and his being a member of the stock ownership. Mr. Manager would you get somebody to quiet the troops down there? I think Mr. Crowder's integrity is on the line, and I think before I am willing to vote on this, I need to question on the record Mr. Crowder and his integrity. And I also need to question the pro- cess and the procedure that was used in the selection and whether or not Mr. Ross in fact had the opportunity to see other people's votes and subsequent- ly, because the accusation is that there has been wrong doing, and I think it is criminal in nature, and I am going to help the State Attorney in her job. Now, I would like to begin with Mr. Crowder. Mr. Crowder, would you step up please? (Unidentified Person): Mr. Mayor, could you tell me when we will be heard? I would appreciate it. Mayor Ferre: 2:30 P.M. Mr. Crowder, I am going to ask you to be sworn in, because I want this to be under oath, and I want everybody here who is going to speak on this issue to speak under oath so that the State Attorney will have an opportunity to visit all this information. Alright sir, will you raise your hand to be sworn in. Mr. Ongie: Do you solemnly swear that the evidence that you are about to give in this matter will be the truth, so help you God? Mr. Crowder: I do. Mayor Ferre: Alright, your name and address for the record, please. Mr. Crowder: My name is A. W. Crowder. I am president of the consulting engineering firm of Crowder, Mahoney, Makowski, Rice, Inc. Our offices are located at 8384 Bird Road, Miami, Florida. Mr. Farrell: Excuse me, Mr. Ferre. My name is James Farrell. I am the at- torney for Mr. Crowder and his firm, and I am here today in that capacity. It may be occasion for me to speak from time to time. Mr. Ferre: That is fine. I will recognize you if you feel that you must do that any time, you go ahead and intercede. Mr. Crowder, the memorandum that is dated September 3rd, whieb is written by Mr. Cesar H. Odio, Assistant City Manager, and that is signed by him and that the members of this Commission have before them and the previdus memorandum dated November 20, 1981, "Din- ner Key Marina Selection Process for Architectural and Engineering Services" with copies of documents, references and texts signed by Howard B. Gary, City Manager specifically states, and it bases its opinion on several things, that Id its DEC 101981 w Mr. A. W. Crowder was a principal officer and stockholder of the corporation that is the Biscayne Recreation Development Comapny and were a part of the bid proposal of March, 1978. It further states that . . . in order to have the benefit of his marine experience and management group. It further states that his resume was also part of the proposal document, and it says that Mr. Crowder denies that the corporation has his approval to makes these representations. Now in these documents themselves, there is indeed a ref- erence in Dinner Key Marine declaration that says specifically that Crowder is a stockholder in Biscayne Recreation Development. Now, further along, it says there are letters that go between you and Traugott where you on April 21, I am sorry, on April 19 of 1978 in a letter to Traugott which is part of -the record telling that you think you should not be, and prior to leaving for Germany you discuss the pros and cons and"t advise you that it is not proper for me to be a consulting engineer and hold stock." Now, the submission was dated March 31, 1978. Your letter is dated April 19, and Traugott of Biscayne Recreation & Development Company replies on the 21st, and he acknowledges that you are not a member of the..you own no stock. Now there is further statement by Mr. Paul Walker which is on June 22 of 1978, which is now after your letters and Biscayne Recreation's answer in April where Mr. Walker says "another one of our officers, Mr. A. J. Crowder is an engineer with... experience. He has much marine related experience; he has been responsible for the planning and designing in the community" and so on and so forth. Now, nowhere in that statement does Mr. Walker, or does Mr. A. J. Crowder state that Mr. Crowder is also owner of any stock, and yet we have now a letter from Mr. Walker which, if someone will get it out of the records..here it is. It is also part of the record. It is dated November 20, 1981. I will read it in totality. It says, "Dear Mr. Gary: When I joined the company in the summer of 1977, it wasmy understanding at the time that Mr. A. W. Crowder was a stockholder and he was introduced to me as such by Mr. Robert Traugott. Very truly yours, Paul S. Walker". Now the question to Mr. Crowder, at any time had you been a stockholder of the Bis- canye Recreation and Deveiopment Company? Mr. Crowder: No sir. Mayor Ferre: At any time? Mr. Crowder: No sir. Mayor Ferre: Did you ever sign any documents or state to any individual any time that it was your intention to become a stockholder? Mr. Crowder: No sir, I did not. Mayor Ferre: Was there anybody as a second'party, or any individual unrela- ted to you that was to hold stock in your name? Mr. Crowder: No sir. Mayor Ferre: or any incorporation? Mr. Crowder: No sir. Mayor Ferre: So, it is your clear understanding that you were not a stock- holder and at no time ever intended to be a stockholder of this corporation? Mr. Crowd&: That is correct. Mayor Ferre: and you are saying this under oath. Mr. Crowder: Yes sir. Mayor Ferre: Thank you sir. Now.. Mr. Farrell: Mr, Ferre, I would like to read into the record one other letter that was written, which was provided to the City, but it is not in the package. It is a letter written by Mr, A. W. Crowder. If I could read it, I have a copy of it here. Mayor Ferre: Speak into the microphone. V DEC 10 1981 W qw, Mr. Farrell: If I could read it, I have a copy of it here. It is addressed to the Managing Editor of the Miami Herald, Miami. It is dated March 6.. Mayor Ferre: Those who want to have conversation, please, move outside, we are in the middle of a meeting here. Go ahead, air. Mr. Farrell: The letter is dated March 6, 1979. "Dear Sir: Over the past several months, articles from the Miami Herald reporting on private enter- prises managing Dinner Key Marina have referred to me as a 'principal' of Biscayne Recreation Deveopment Company. Please be advised that I am not, nor have I ever been a principal, officer or stockholder of Biscayne Recrea- tion Development Company. Our firm is retained as overall planning and en- gineering consultants for the company and for me to hold an official position with it or own stock would be in my judgment a conflict of interest. There- fore our relationship with Biscayne Recreation is strictly that of a profes- sional consultant,having been compensated for our time and effort expended on the project to date." That letter of course, predates this long before the selections and... Mayor Ferre: What was date of that letter? Mr. Farrell: March 6, 1979. Mayor Ferre: Alright. Mr. Walker. Mr. Walker, I am going to ask you a series of questions dealing with the very same subject and that is the full intent of what I intend to ask you, so would you be sworn in? Mr. Ongie: Do you solemnly swear the evidence you are about to give in this case is the truth, so help you God? Mr. Walker: It.is, Mayor Ferre: Mr. Walker, did you at any time, do you have any knowledge that Mr. Crowder personally, directly or indirectly to any individual or corpora- tion ever hold, or intend to hold stock in Biscayne Recreation, Inc. Mr. Walker: Not from Mr. Crowder. Mayor Ferre: Now tell we that again. Mr. Walker: however, not from Mr. Crowder. I would like to make a state- ment. Mayor Ferre: Yes sir. Mr. Walker: When I was invited into this company, I was invited in as one of the three principals, and the three principals were to share equally in the stock at the conclusion of getting the lease from the City. We never did get a lease, but we did get the management agreement. I wanted to know what my duties were. There were three principals. One was to raise the finances Mayor Ferre: Move the microphone closer to your mouth. Mr. Walker: for the company and one was to work with the City Commission to try to get favorable treatment, if possible for our company, and I was to be the operating head of the company and run the marina. I wanted to know how much my one-third of what was left would amount to, so I than asked, "how much stock is going to be sold?". They thought it should be something like 20 or 25%. I figured that would give me in the neighborhood of 25% left. I said "How much has already been given out?" He said we are com- mitted to two people. One is Mr. Manley, who will own 10% and the other is Mr. Crowder who will own 3%. Mayor Ferre: Who made that statement to you? Mr. Walker: Mr. Robert Traugott. Mavor Ferre: Mr. Traugott made that statement? DEC 1 G IQ31 W V Mr. Walker: He made that statement. Mayor Ferre: Now Mr. Traugott is not here. And I think it is my opinion that to further clarify this, we must get a sworn statement from him and Mr. City Attorney, I would like to instruct you to take a sworn statement from Mr. Bob Traugott dealing specifically with the issue of the stock, if any, and the statement that Paul Walker has now made into the record that is a contradiction to the understanding that Mr, Crowder has made into the re- cord that at no time did he ever consider, think about, or own any stock in Biscayne Recreation. Obviously, that is the crux. That is is one of the two pivotal points as to why we are embroiled in this mess. I think that has to be clarified before we go any further on this issue. Any problems with that? Mr. Knox: Mr. Mayor, I will contact Mr. Traugott. If he does not consent to a voluntary statement, it may be necessary for the City Commission to issue a subpoena pursuant to its power. Mayor Ferre: Now, let me put it to you this way. I think it is such an im- portant issue in this man's reputation. It is an important consideration to him, that I think it warrants us issuing a subpoena if he does not come in voluntarily. Do you recommend that we authorize you under the subpoena power that this Charter grants this Commission to do that? I don't want to lose time, now. Mr. Knox: We will contact him right away and if he refuses to consent to a sworn statement, then we will prepare a subpoena that is to be signed by you in your capacity as Mayor. Mayor Ferre: And would you bring that to my attention by the 15th? Mr. Farrell: James Farrell, I am Mr. Crowder's attorney. I believe you characterized some of Mr. Crowder's testimony and went somewhat beyond the question that you would ask him. His letter of April 19th to Mr. Traugott clearly indicates the subject of the possibility of owning stock was discussed. Mayor Ferre: I stand corrected. In other words it was discussed, but for the record, Mr. Crowder discussed this by saying that he had no intention of owning any stock. Mr. Farrell: Because it would be a conflict of interest. Mayor Ferre: and purely on the negative side and you are saying —and I asked Mr. Crowder that at no time did you consider in his mind ever owning stock directly or indirectly. Mr. Farrell: Well his letter says that "we discussed the pros and cons" and obviously when you consider and make the negative, because it is a conflict, you have to consider..... Mayor Ferre: I understand. Mr. Dawkins: Mr. Mayor, what is the, I mean I think I heard you say it in the beginning, but what are we doing, or what are we going to do or what now? Mayor Ferre: According to the contract..., Mr. Dawkins: No, no, no, no. I think I heard, that is why I want to be sure... I think I heard you say that the purpose of this informal or formal hearing was to determine what was what and turn it over to the State Attorney. Mayor Ferre: That's right. Mr. Dawkins: Okay, so now when we get the sworn statement from the other gentleman, then the whole affair will be turned over to the State's Attorney? Mayor Ferre: That's correct. And what I am trying to do is to bring the documentation. We are not going to be voting on this, but I eventually would hope that if Mr, Crowder's name is cleared, then we would conclude and vote for that firm as recommended by the committee and if Mr. Crowder's name is not cleared, then we proceed by awarding it to the second firm, unless there �3 DEC 1019B1 is a cloud over that, but we need to continue. Now that brings me up to the second question, and the second question is propriety of the selection process. Mr. Kaufmann, would you step forward, Mr. Kauffmann I am going to ask you a series of questions dealing with both the subject of the ownership of Mr. Crowder's stock, if any and the second subject is the procedures that were used by yourself as the Chairperson on the committee in the selection process. Will you be sworn in? Mr. Ongie: Raise your right hand please. Do you solemnly swear that the evi- dence that you are about to give in this matter will be the truth, so held you God: Mr. Kaufmann: I do, Mayor Ferre: Alright now Mr. Kaufmann, you were the Chairperson of the selec- tion committee to select a firm to design this marina. Is that correct? Mr. Kaufmann: That's correct. Mayor Ferre: You were designated as Chairperson by the City Manager? Mr. Kaufmann: No, by Commission action. Mayor Ferre: The Commission? Mr. Kaufmann: Yes sir. The Commission passed a resolution appointing me, approving me as the..,.. Mayor Ferret Whose recommendation? Did the Manager recommend it? Mr. Kaufmann: Yes sir. Mayor Ferre: Who was the the City Manager at the time that you were selected to Chair? Mr. Kaufmann: Mr, Howard Gary. Mayor Ferre: Mr. Gary: That was prior to Mr. Gary, wasn't it? Mr. Gary: Mr. Mayor, this was prior to my appointment. Mr. Kaufmann: Can I make a clarification of that. Prior to my being appointed as the Chairperson of this committee, there was an ad hoc committee that operat- to set up certain criteria so that we could move the project along, and I was a part of that ad hoc committee. I was appointed by Mr. Odio, who was then an Assistant City Manager to the former City Manager, Richard Fosmoen. Mayor Ferre: That did not have Commission approval. Mr. Kaufmann: That's correct sir. Mayor Ferre: The specific question to you is, it was a committee that was con- stituted for the purposes of evaluting and selecting and recommending to the Commission a firm to do the design for the Dinner Key Marina. Mr. Kaufmann: That's right. Mayor Ferre: Would you tell me for the record, or would the Manager, or Cesar Odio what the date was that you recall when that committee was consti- tuted and generally when you began deliberations. Mr. Kaufmann: I don't remember exactly the day of the Commission meeting which appointed me as the Chairman of the committee, but it must have been some time in April of 1981. Mayor Ferre: April of 1981. Alright now, as part of the documentation that has been given to us, there are several things and I would like for clarifi- cation into the record, read the titles in the manager's packet, One is procedures for selection of firms for Dinner Key Marina expansion, and it has guidelines that were very specific in nature. It is within that memorandum ~9 DEC 101981 Mayor Ferre: (con't) that notes that the committee was composed, and it names the committee and you were chairman and it says that guidelines was be adopted a priori before and then it ways how the evaluations and the findings should be made and presented. And then at the end, it says that the competitive selection committee recommends that the City Manager present the first three rank ordered firms to the City Commission for approval and for authorization to negotiate professional service agreements for each of the two projects as follows: 1, Crowder and so on, 2, Greenleaf. Post -Buckley and so on. Now, the in the introduction it says that on April 9, 1981, the City Commis- sion passed and adopted a resolution whereby the Dinner Key Marina project was designated as a category "B" project, and that is, pursuant to state law and the process that has been adopted by the City of Miami. There -was an ad hoc selection committee that met on April 17, 1981. I might remind you, and for the record, that Howard Gary became Manager on the 16th, so this is right in the middle of the transition between one City Manager to the other. Okay? The monitors decided that it would be in the best interests of the City to place an advertisement for project as soon as possible, and accordingly, at the Miami Herald, Diario and Miami Times on May 7, 1981, there was an adver- tisement. The closing date was on May 21. In addition, approximately 700 letters were mailed and so forth. Now on May 15, the City Commission passed and adopted Resolution 81-399. so that is your date, alright? Mr. Kaufmann: Sir, I was mistaken. It was in May, rather than April. Mayor Ferre: May 15. At this time Howard Gary was the City Manager, where- by Morris Kaufmann was appointed as Chairman of the selection committee, and so on and so forth. You began on May 27, the competitive selection committee met and adopted selection criteria for evaluating, so on and so forth. Right? Now, it says here, that upon concluding the evaluation by the individual members of the committee, the six most qualified firms were invited first by telephone on June 1, and then in writing on June 4th to make a presentation to the selection committee and you have the letters and so on. On June 4th the six invited firms made individual presentations to the competitive selec- tion committee and upon conclusion of the presentations, the Chairman tallied the evaluation readings which were verified by the members. Okay. And then he says in your findings, 25 responses were reviewed and these competitive selections firms that were most qualified were selected in the Dockmasters office in the Dinner Key Marina expansion. Five of the most qualifed firms were found to be qualified for both projects, and the sixth firm only quali- fied for the marina development. The six firms were provided with more detailed information and so on and so forth. The competitive evaluation committee set for presentation on Dinner Key. Each firm was allocated 25 minutes and the final evaluation indicated the ranking order of the firms with the same for both projects. Now, were these the procedures that were followed to the best of your knowledge, Mr. Kaufmann? Mr. Kaufmann: Yes sir. Mayor Ferre: Mr. Kaufmann, do you know of any impropriety of any sort that you were a witness to or a part of? Mr. Kaufmann: No sir. Mayor Ferre: At any time during the whole process? You are under oath. Mr. Kaufmann: I realize that sir. No sir, there was no impropriety. Mayor Ferre: There is an allegation that the member representing the firm, by that I mean, Biscayne Recreation, a Mr. Rcss, if I am not mistaken was privy to information on the votes cast by other individuals prior to his cast- ing his vote. Do you know that to be a fact? Mr. Kaufmann: To my best knowledge, it was not a fact. Mayor Ferre: Now, was the point system used, a system that has been previous- ly used in the City of Miami and does it comply with standard procedures of selection? Mr. Kaufmann: Mr. Mayor, may I clarify this. At DEC 10 ���1 W Mayor Ferre: Go ahead. Mr. Kaufmann: Each committee sets up its own rules and regulations and how to conduct its investigation and determination of which are the most quali- fied firms. In certain committees that I have been on, we use a consensus by oral votes. In other committees, we have used a point system, and even that was quite flexible. In this particular instance, when we first con- vened as a committee, that is when I was officially the Chairman, the first order of business was to adopt guidelines for investigation and determina- tion of which of the firms would be the most qualified. At that time we had received all of the 25 applicants and their qualifications. However, none of=them was reviewed or opened. They were all in sealed envelopes, as received. Mayor Ferre: Well there is a memorandum somewhere here, where Alfredo E. Rodriguez was present and Morris Kaufmann on May 29, and Mr. Rodriguez says "the enclosed tally sheets have been received and held for you in a closed envelope attahced hereto. We are forwardbng them to you in order to expedite the process. The tally sheet for committee member Edward Ross has not been received. He indicated this morning that it would be delivered to you on Monday." And then there is a hand written note. It says "Note to E. D. Ross - indicated he will discuss with Mr. Kaufmann over the weekend." Now subsequently, there is also a memorandum here on the record which specifi- cally states that Mr. Ross was given a tally sheet and returned them within 10 minutes. Now, this is a note dated June 1, 1981 signed by Isabel Fernan- des. She abbreviates it by the Fed. "Alfredo", CI assume that is Alfred Rodgriguez)."please note, this morning at approximately 10:30, Mr. Ross again insisted on obtaining all of the score sheets and he was told that they were not available to other committee memebers either. He did not use the box with the proposals, and said he would get the results from Mr. Kauf- mann. His tally sheet was not in the package through Mr. Kaufmann." Mr. Kaufmann, did you discuss this matter with Mr. Ross. Did you at any time let him see the tally sheet or tell him the results of the tally sheet? Mr. Kaufmann: No sir. Mayor Ferre: At no time during that weekend or prior to having his tally sheet? Mr. Kaufmann: No sir. Let me please clarify how this whole thing was handled. Because we had six different people on the committee who had other functions to perform, it was agreed by the committee that each member would come at his opportune time, evaluate the 25 firms, score them and then leave them with Mr. Rodriguez who was in the building, in the office below. Then I would pick them up that afternoon, or soon after they had scored. It was also agreed, or rather it was understood that we could, among us, discuss the various firms if we wanted to. As a matter of fact, we had prior to beginning our evaluation, we did discuss the various firms. Mayor Ferre: That's not my question. Mr. Kaufmann: We began the process on, I believe a Wednesday. I came down and picked them up and on the next day, I personally went down and did my own evaluation and I took my score sheet with me, together with whatever was available, so there was no opportunity at all for anybody except myself to have Been my score sheet. Later in that day, John Gilchrist finished his completion end he brought his score sheet directly to me. So there were at least two score sheets that nobody could have seen, except me. And in direct response to your question about Mr. Ross, no he did not...if he saw any other sheets, I have no idea or knowledge of that. Mayor Ferre: Let me be more specific. Do you know, directly or indirectly whether Mr. Ross was told about, or saw any of the tally sheets, to the best of your knowledge? Mr. Kaufmann: To the best of my knowledge I have no idea. Mayor Ferre: If you will just stand there for a moment and let me get Mr. Rodriguez, Mr. Rodriguez, will you be sworn in for the same questions? 61 DEC 101981 1P Mr. Ongie: Raise your right hand please. Do you solemnly swear that the evidence that you are about to give in this matter is the truth, so help you God? Mr. Rodriguez: Yes, I do, Mayor Ferre: Mr. Rodriguez, you heard my series of questions to Mr. Kauf- mann. To the best of your knowledge, did you, at any time discuss or give to Mr. Ross any of the results of the tallies, or do you know whether any- body else ever gave him those results directly or indirectly? Mr. Rodriguez: I was officially informed and I requested immediately that it be put in writing what had transpired on that Friday, the 29th and what had again transpired on the Monday, June 1st, in reference to the handling of the sheets. Let me clarify. On Thursday and Wednesday prior, being the 26th, 27th, 28th. We met and we had specifically an orange envelope, the kind we use in interdepartmental office and that was the depository for everybody's tally sheet. Because I was a member of the committee, and every- body agreed, I would not handle that envelope and I allowed my secretary to be the custodian of those tally sheets as they were turned in. She mis- takenly, as was reported. Mayor Ferre: Your secretary's name for the record. Mr. Rodriguez: Isabel Fernendez. Would provide the box with the 25 pro- posals to anyone coming to review it jointly or individually, and keep in her desk, under lock and key the balance of the tally sheets as they would be given back to her. On Friday, the 29th we were missing one sheet. She indicated she was missing Mr. Ross' sheet, and I said, regardless of that we had agreed to complete our selection by today, so shortly before the close of business on Friday, the 29th, she proceeded, and that's when that memo was written to package that and send it to Mr. Kaufmann. Mayor Ferre: Now answer my question. I'll repeat it. Did you, to the best of your knowledge at any time give to Mr. Ross, directly or indirectly, or do you know of anyone who gave to Mr. Ross, directly or indirectly the re- sults of the other tallies. Mr. Rodriguez: I do, and in fact it was reported to me in writing when he did take the entire envelope, which was retrieved, it was reported, 10 minutes, or whatever the time was. I was not present in the office when the incident happened, but that what the document reads, an estimated 10 minutes, or whatever. Mayor Ferre: Alright. Now, this was the document, and I want to put this into the record, because I think it is a very strange statement. Mr. Rodriguez: And again, I did not personally handle any of it. Mayor Ferre: Would somebody who is better acquainted with this document find that for us, for that is a very key point. Cesar, I read it in here, and I need to get that record. I need to get that letter into the record. It is a hand written letter, as I recall. It is a note from who? Okay. Would you read it into the record for me? Your name for the record? Mr. Odio:� Are we talking about the same, because he is showing me another one... Mayor Ferre: The one that says that Ross came for the documents and it was brought back in 10 minutes. Mr. Odio: Okay, and it is signed by H.S.Gallup, Jr., not by Isabel Fernandez. Mayor Ferre: Well, would you read it into the record. Mr. Odio: It says "Memo to file at approximately 0900 this date, Ed Ross of Biscayne Recreation Development Company, and also one of the board mem- bers to select an architectural engineering firm for the Dockmaster's office renovation project and the Dinner Key Marina expansion project appear at the office of Assistant Director of Marinas and ask for the box containing pro- posals from the 25 participating companies. He also asked for the envelope �2 DEC 0IW 1 O W containing score sheets from other board members, which had been completed the day before. He was given the entire package. However, after reconsider- ing, it was decided immediately to retract the envelope containing the score sheets. They were back in Marina Division Personnel hands within 10 minutes. Also, according to Isabel Fernandez, the Division Clerk -Typist and the person responsible for retrieving the score keeping envelopes, Mr. Ross appeared some- what upset over the fact that the scores were not available to him from this office". (signed) H.S. Gallup, Jr., Operating Officer. Mayor Ferre: Alright, now for the record, Mr. Odio. The previous note that I read was Monday, June 1, 1981 note and I have already read it into the record signed by Isabel Fernandez. Mr. Odio: That is the one signed by Isabel Fernandez. So there are two. Mayor Ferre: Now there are two. You just read the second one. That one was dated May 29th, Mr. Odio: That is correct sir. Mayor Ferre: That is two days before. Mr. City Attorney, I would like you to also to get sworn statements from Mr. H. S. Gallup - is he here - that this memorandum is true and that this is exactly, I want it under oath, what ocurred. And secondly, I would like for you to tell Mr. Ross that he also is to come in and staear. The specific question that I want to know is whether Mr. Ross was at any time privy to the tally sheets and if he was privy to it, how did he come upon this information. Mr. Dawkins: If these memos were signed by the individual and the signa- ture is authentic, what is the need for the sworn statement? Mayor Ferre: Perjury. .1r. Dawkins: Wouldn't that be, I am just guessing. Wouldn't that be the State's Attorney's office? Mayor Ferre: Well, what we are doing, we are bringing this so that the State Attorney can give us a fairly quick answer, because we want to get on with this thing. If we give it to the State Attorney without all this in- formation, it is going to take six months before they bring it to a head. So we expediting it just a little bit, by getting all this on the record. Now, Mr, Kaufmann, this is the last question that I have to ask you. You have recently resigned from the City. Mr. Kaufmann: Yes sir. Mayor Ferre: Now, I don't mean to embarrass you, but I want you to tell us on the record, if you want to, it is voluntary, why you resigned. Before that, I want to ask you with regards to the propriety, you now under oath said that you were privy to anything that was wrong or not proper proceedings or legal. I want you to tell me whether anybody in the administration ever discussed this matter with you before your resignation. Mr. Kaufmann: No sir, you are the first person that ask me any questions. Mayor Ferre: You were the chairman, and you have been an employee for the City of Miami for how many years? Mr. Kaufmann) A little over 4 years. Mayor Ferre: And nobody in the City ever bothered to ask you about any of these things. Mr. Kaufmann: That is correct sir. Mayor Ferre: Alright, Do you want to tell us why you resigned? Mr. Kaufmann: I decided to go into private practice, sir. Mayor Ferre: Alright. Mr. Cesar Odio, Mr. Odio, I assume that you under- stand what the process is here and what I am trying to get through. Would you 63 DEC 1011981 0 you get sworn in, please. Mr. Ongie: Do you solemnly swear under oath that the evidence that you are about to give in this matter will be the truth, so help you God? Mr. Odio: Yes sir. Mr. Carollo; Mr. Mayor, excuse me for a minute. Before you proceed, I was just seeing that there are quite a few City employees that have been here like all morning. Can we find out why there are so many employees here for? Mayor Ferre: The question is are there any City employees that are on City time that are here. We are talking about City employees that are here for any reason other than what is going on. Mr. Carollo: Well, I saw a lot walk out of here. I guess they didn't want to give us an answer to why they are here, but I guess what I wanted to find out is if there were any City employees here on City time that didn't have any business being here, I guess I did, Mr. Mayor. They just walked out, thank you. Mayor Ferre: Alright now. Mr. Odio, would you please be sworn in - oh you were sworn in. Question to you is, are you aware of any improprieties or anything that is illegal in nature? Mr. Odio: Well, I was not directly involved with the proceedings. However, I have to say this, as a manager appointed by the City Manager to administer this process. With the evidence that was brought to me, I would have not done my job right if I had not recommended that this selection process begin all over again. I had enough things in front of me that was conflicting. Evidence that was conflicting that I had to recommend that I would again right now, that we start this selection process all over again. Mayor Ferre: Was one of those things the question of Mr. Crowder's stock ownership? Mr. Odio: Yes sir, because I saw the resume presented by Biscayne Recreation Deveopment Company where it is stated, signed by the Board of Directors that he was an officer. Mayor Ferre: Alright, and your September 3rd memorandum, Item 3 you say J. W. Crowder is listed as a principal in Biscayne Recreational Development's proposal to the City. On the Miami Herald's inquiry regarding Biscayne Re- creation Item 3. Answer: Yes. Mr. Crowder is listed in the declaration portion of the E.R.D. proposal of 1978, however, Mr. Dubbin has given me evidence which shows which shows that apparently was a mistake, and that he is not now, and never had been, I mean Crowder, an officer or stockholder of record as evidenced in the attached 8-25-81 printout through the Secretary of State of Florida. Now based on that statement signed by you on September 3rd, is there any question in your mind that Mr. Crowder was at any time a stockholder and therefore had a conflict? Mr. Odio: There is still a doubt in my mind 'because Mr. Walker, who was an intricate part of that company stated in writing to me and during that period of time when that memo was written, he declared publicly to the Herald that Mr. Crowder, to his knowledge was an officer of the corporation. Mayor Ferre: Did you solicit that letter from Mr. Walker, or did he volun- tarily give you that? Mr. Odio: I solicited the letter from Mr. Walker. I wanted a statement in writing, from him to confirm what he has said publicly, Mayor Ferre: Now, you heard from Mr. Walker this morning say that he was under the impression that Mr. Crowder has some stock because Bob Traugott had said so to him, Did you ever ask besides Possibly Mr. Walker, Mr. Bob Traugott or Mr. Crowder whether or not they owned stock? Mr. Odio: I did ask Mr. Traugott. Ubc i f,". 0 0 Mayor Ferre: And what did Mr; Traugott sayl Mr. Odio: In front of the Miami Herald reporter, as a matter of fact. And he stated that "no, that", I did not get a clear answer, from what I can remember. Mayor Ferre: Did you ask Mr. Crowder? Mr. Odio: Yes, I did. Mayor Ferre: And what did Mr. Crowders answer? Mr. Odio: For the record, he sent a letter that is included in that memoran- dum that he Was (remember I am using my memory now) in Europe at the time that the resume by Biscayne Recreation Development Company was presented to the City Commission and since he had not seen it when it was presented and at the moment he found out that Traugott had presented that resume with his name as an officer of the company, he had contacted Traugott to correct that. Mayor Ferre: In other words, was his answer yes or no? Mr. Odio: His answer was no. Mayor Ferre: But in your mind ., go ahead. Mr. Odio: Well, Traugott had presented him to you, the City Commissioners, as an officer of the corporation. Mr. Ferre: Alright now, with regards to the processing the selection. do you in your mind feel that there was any impropriety in the selection pro- cess? Mr. Odio: I hadve doubts, because I have assigned a staff to that particular task, and if my staff tells me that there were improprieties, I have to trust that. Mayor Ferre: Who on your staff told you there was an impropriety? Mr. Odio: The moment it happened Alfredo Rodriguez came to me and told me that there were, that Ed Ross had taken the ballots and that even though..... .. let me clarify this, Mayor. In my mind, even though Ed Ross might not have done anything with the tally sheets, the perception of an impropriety was there, in my mind, yes. Mayor Ferre: Let me ask you, Mr. Kaufmann, would you come back? Mr. Kauf- mann, there were how many members in your committee? Mr. Kaufmann: Six. Mayor Ferre: Six, alright. Mr. Ross is one of those members. I've looked at the tally sheets, and of course I don't know who 1, 2, 3, 4, 5 & 6 are, but I've looked at their ranking. It is not too hard to guess who Mr. Ross is, because he gives a very high grade to the Crowder outfit and a very low grade to...65 as a recall, in the selection process to the No. 2 or the No. 3, but even if the Ross figures were not tallied at all, and in other words you based the judgement on 5 rather than 6 opinions, it seems to me that Green- leaf and gelesca was the No. 1 firm chosen. In: other words, from the tallies that are here, unless I am reading them wrong, in every case, it was Greenleaf 6 Telesca that was the No. 1. firm. Now if Greenleaf 6 Telesca listed on the numerical tally as the No. 1 firm chosen, then how could Crowder be recommended as No. 1, unless this is a lie? I am talking about the numerical, and I would read into the records the exact figures I am talking about. Greenleaf 6 Telesca gets 485 grading points. Second chosen was Crowder, and they get 437. Now, to the chairman, may I ask you, and by the way, if you remove, and I did this in several ways last night. I re- moved the highest and the lowest, Greenleaf still wins. I removed the lowest, Greenleaf still wins. I removed the highest, Greenleaf still wins in the numerical evaluation. Now, how could, if Greenleaf was selected by each member as the No, 1 firm, how could Crowder end up being the recommendation? Mr. Kaufmann: May I look at the tally sheets? 65 DEC 101981 VP VMV Mr. Farrell: Mr, Ferre, if I may. I believe, and Mr. Kaufmann can probably discribe it much better than I, that there were two selection processes. There was a selection of the 25 to get down to the 6 who were then evaluated in the final. So, I think you might be mixing... Mayor Ferre: Is that what this is? Mr. Kaufmann: Yes sir. I think that we, I should clarify the system, We had two procedures, what we called the initial selection procedure and then the final selection procedure. In the initial selection procedure we, that is, each member of the committee evaluated 25 firms with the purpose of selecting approximately 5 or 6 firms who would then go to the final proce- dure, and if you look at the initial selection, you will see that ranked No. 1 was Mr. Greenleaf & Telesca, No. 2 was Crowder. Mayor Ferre: That is right. The date on that was June 1, 1981, and that is also part of our package. Mr. Kaufmann: That is prior to the presentation, Now, it is always standard procedure to go through what we call short listing. And this is the short list, so Crowder..,there is no guarantee that any of these six firms is going to have the same ranking after the presentation. Okay? Mayor Ferre: Okay. Now, where is the second ranking? Mr. Kaufmann: It should follow. There would be another tally sheet. Mayor Ferre: That is not part of this record, Mr. Odio, Why isn't it part of this record? Would you bring it up to me so I can see it? I want to make sure that I have it here too, because I've looked for it, and I see another tally, but it looks like it is a recap of the first one. Mr. Kaufmann: No sir, there would only be six firms that would be in the tally. Mayor Ferre: May I see the second tally? Now, if I saw this and I didn't know who firms one through six were, so I couldn't know, who was the com- pany that got 100 points? No wait a minute, there was no 100 points. Mr. Kaufmann: In the initial selection, I don't believe that anyone got 100 points. Mayor Ferre: In the second selection, I see that member No. 4 did not vote. Is that Mr. Ross? Mr. Kaufmann: No sir, that was Mr. Salman, who was not present.... Mayor Ferre: Who was not present. Mr. Kaufmann: for the presentation. Mayor Ferre: Yes however, he did vote for the marina development. Mr. Kaufmann: That's correct. The presentation was in two parts, and he left in the middle of the last part. Mayor Ferre: Now was that taken with the totals, or the average or what? Mr. Kaufmann: Yes sir, it was averaged among five then, and that was on June loth. Mayor Ferre: Now who was granted 87.2% Was that, I assume that the 87.2% or whatever it was in points was Crowder. Mr. Kaufmann: Yes sir, Mayor Ferre: And the 85% was Greenleaf & Telesca. Alright, would you tell me where Mr. Ross' vote is of these six? Do you recall which one was Mr. Ross'? Let me tell you what I am trying to get to. I am trying to get to whether or not Ross's vote was the deciding swing vote, because if Ross knew what was going on and if Ross was the deciding vote, and if Ross did have a free idea, then I think there�wr@s. bb DEC 10 198, Mr. Kaufmann: Well, you understand sir, that this is the second, which we call the .final selection criteria recapitulation was done on June loth after the presentation. Mayor Ferre: Yes. Mr, Kaufman-: And all six members except for Mr. Salman who had to leave were present. We each then scored all of the six firms for two different projects. Mayor Ferre: What I am getting to is, that that whole incident that Cesar is talking'about and Alfredo Rodriguez and the memorandum has nothing to do with it, because the selection, whether they were 1st or 2nd in the initial tally had nothing to do with final tally, and at the final tally they were all present and they all voted. Did they vote in secret? Mr. Kaufmann: Yes, they were all secret and at the moment we were finished I collected them; no one saw anybody's score. Mayor Ferre: Did you announce the results then? Mr. Kaufmann: Yes, we added them up. Mayor Ferre: You added them up right there? Mr. Kaufmann: Oh yes. Mayor Ferre: And you did it right then and there? Mr. Kaufmann: Yes sir. As a matter of fact, I had made some mathematical errors, and we had somebody check it. Mayor Ferrel Now, as I understand it... Mr. Kaufmann: So, in second procedure, all of those were at one time, col- lected at one time and tallied at one time, and no one had an opportunity to see anyone else's unless he peeked or something. Mayor Ferre: Did you eliminate Mr. Ross' vote? To do that you need to know who Mr. Ross was in 1 through 6. Would there have been any difference in the final result? Mr, Kaufmann: There probably would have been. Mayor Ferre: It would have, because the difference between the No. 1 and the No. 2 is less than 2. Mr, Kaufmann: It is very small. Mayor Ferre: In other words, one got 87.2.. Mr. Kaufmann: In total it is 23 points. Mayor Ferre: I see 87.2 and 85.0. Mr. Kaufmann: Yes, that is the average, As a total, it is 523 vs. 510. Mayor Ferre: So, in other words, Mr.. Ross' evaluation then would have been germaine. Mr. Kaufmann: We were all on the same committee, and we all had the oppor- tunity to score 100 or 0. There was no criteria what any person could or could not score. Mayor Ferre: Mr. Odio, when Mr. Rodriguez told you about the impropriety, it was deal- ing with the first process, on June let, and not the second process on June loth. Mr. Odio: I do not remember the date. o DEC 101981 VF :, Mayor Ferre: It will refresh your memory by looking at the record. The memorandum by Gallop was made May 29th. Okay? And Rodriguez - the memo from Rodriguez my secretary received June 1st, Is that when you were aware of the impropriety? Mr. Odio: Yes. Mayor Ferre: Why didn't you stop the proceedings then? Mr. Odio: Why didn't I stop the proceedings then? Mayor Ferre: You said there was improprieties. Why didn't you call Mr. Kaufmann in and say what the hell are you doing and why have you done this and.. Mr, Odio: As a matter of fact, when J, L. Plummer, Commissioner Plummer questioned this procedure.,. Mayor Ferre: Where, in the Commission or in private? Mr. Odio: I first, I had not seen this memo when it happened, it was a question of dates, I don't remember the date, but when Commissioner Plummer questioned the selection in the Commission Chambers, I asked Morris Kaufmann before and after if there had been improprieties in the selection procedure, and he assured me that there were none and I asked him, "would you be willing to get up there and testify" and he said "yes" so I left it alone. Mayor Ferre: In other words, at that point you accepted his recommendations that there was no improprieties, Mr. Odio: That is correct. That is what I remembered. Mayor Ferre: Did you think there was an impropriety or were you aware of any improprieties on the June loth final selection? Mr. Odio: Mr. Kaufmann assured me at that time there were no improprieties. Mayor Ferre: Mr. Kaufmann, were you aware of any improprietig$? Mr. Kaufmann: No. Mayor Ferre: So on the loth selection, the final selection, you did not think there was any improprieties. Do you think there were any improprieties now? Now that you know more about it, on June loth? Mr. Odio: I still think that there was enough evidence clouding the whole procedure that we should start all over again. Mayor Ferre: You think the cloud has been cast, not only over the Crowder selec- tion, but also over Greenleaf/Telesca? Mr. Odio: As a whole, I think when the Dinner Key Marina report came out in the Herald, and things began to come out and the other report and the evaluation report, and then.. Mayor Ferre: Well, I assume you did this because you thought it was wrong, not becauife the Herald thought it was wrong. Mr. Odio: Oh no. When all of that came together, I began to put a list together and I still feel and I still now that it would be better if we start all over again. Mayor Ferre: In your opinion, to start all over again, how long would that delay the project? Mr. Odio: Well, it is up to you the Commission to decide, but you could actually go to the second bidder; I do not know what the law is on this, if we started all over again, it would delay it at least 90 days. Mayor Ferre: Did you, at any time ever make a statement to Commissioner J. L. Plummer, or to any other individual, that this project was going to C8 DEC 1 01981 r -v killed and chopped up into pieces or delayed? Did he ever ask you to do that? Mr, Odio: No. Never. Mayor Ferre: You never discussed that with anyone? Mr. Odio No, Mayor Ferre: Stopping of anybody from buying stock or buying out the company, or doing anything,.. Mr. Odio: ' No, no, no, no. Whatever they do in that company, I don't care about, Mayor Ferre: You never got into that discussion? Mr, Odio: No, no. What I do care about is that they do what the agreement says that they have to do as far as the City is concerned, and if they don't do what the agreement says, then I get involved. I don't care what they do over there as far as their own company. Mayor Ferre: Do want to add anything else? Mr. Odio: No, that is it. Mr. Dawkins: May I ask him a question. Mr. Odio, am I correct in assuming that as these events unfolded, you made judgement day by day on the informa- tion that you had at hand. Am I correct? Mr, Odio: That is correct sir. Mr. Dawkins: And then as the information unfolded, you made a decision and if the events happened the same way and the evidence presented itself to you in the same way, you would make the same decision? Mr. Odio: Yes sir. Mayor Ferre: Okay, Mr. Manager can we swear you in? Mr. Gary: I'd like to make a comment up front. First of all, I have pro- vided to the City Commission over cover of my name all the information with regards to the selection process with regards to architects. So in view of the fact that we now have a judicial process going on here, and in fact the plaintiff in this case has an attorney representing him, and is also, in my opinion, doing some advice in other matters, other than his client, I would be happy to make comment; I would not accept the option of being sworn in without having the same due process procedure as the plaintiff. Mayor Ferre: Alright. Mr. Gary, everyone else has submitted to this process, I suspect uou have that constitutional right to do that. Let me put it another way. If there are a series of questions that are asked of you in writing, would you then answer them in writing under oath? Or the equivalent, what- ever it is. Mr. Gary: I would like to have the same opportunity as Mr. Crowder. Mayor Ferre: -Sure, that you would have your attorney, and I would submit this to yop and I would want you to answer- them after you have consulted your attorney. Mr. Gary: Exactly. Mayor Ferre: Mr.Traugott has just walked in and we will come back to this review and I am going to ask you these questions on the record and you will have them way ahead of time, Mr. Gary: Yes air, Mayor Ferre: Mr. Traugott, I am glad you came. Would you step forward? Now I think we are getting to the heart of this issue. Mr. Traugott, would you be sworn in for a series of questions regarding the ownership or the poten- tial ownership and your statements regarding the ownership of stock by Mr. Crowder. 69 DEC 101981 ..: Mr. Ongie: Raise your right hand please. Do you solemnly swear that the evidence you are about to give in this matter will be the truth so help you God? Mr. Traugott: I do. Mayor Ferre: Now, Mr. Traugott, so far an hour and 10 minutes has been spent on this, Mr. Crowder has testified that at no time did he own any stock or intend to own any stock, and that he wrote to you to you and in- formed you that when he came back from his trip to Europe that you had been wrong in submitting his name as a stockholder; that he thought it would be a conflict of interest and it was not his intention to own any stock. You answered him in a letter which is part of the record. Mr. Walker, on the other hand, has testified that back in '77 or '78, '77 when he became in- volved, that it was your statement and I am not going to quote him because I don't won't to misquote him, but the thrust of the statement was that you had informed him that Mr. Crowder was to be a stockholder. Now would clari- fy this. Did you at any time.,.was Mr. Crowder a stockholder? Did you discuss it with him at any time prior to that letter? And did you tell Mr. Walker that Crowder was going to be a stockholder? Now you are telling me now on the record, let me repeat these things. You are under oath, you understand. Did you at any time know of Mr. Crowder owning stock directly or indirectly through a corporation or an individual? Did Mr. Crowder ever, at any time, own any stock? Mr. Traugott: In no way. Mayor Ferre: The answer is no? Mr. Traugott: No. never, Mayor Ferre: Did you ever tell Mr. Crowder or anybody that Mr. Crowder would be given some stock in the future? Mr. Traugott: May I answer that in my own way? When we first hired Mr. Crowder, he was with another firm known as Bristol, Childs & Crowder in which he was a minority member, At no time was stock discussed at that time. But shortly thereafter, Mr, Crowder elected to leave that firm and start his own firm, at which time I asked him if he would take stock in return for ser- vices in the company. He told me he could not do that. At the time we were making a bid on a lease, not a management company, which we were to provide all the money, so it would have been perfectly right for us to do this. Mr. Crowder informed me that for two reasons he could not do this. 1. He couldn't afford to at that time, He was starting business on his own and he needed the money that we would be paying him. The 2nd thing was that he thought it would interfere with his professional standing. I acknowledged this and said "fine. we will pay you the fee as we have done in the past with Bristol, Childs and Crowder. Mayor Ferre: Mr. last question was, did you ever tell Mr. Carl Walker that Mr. Crowder was to own stock? Mr. Traugott: Let me say first that at the time when Mr. Walker says that he was introduced to Mr. Crowder and Mr. Manley was aboard as a stockholder, that is not true. The fact, as a matter of fact, I gave Mr. Walker and Sol Melkin a letter to this effect. That whatever stock we did not have to sell offs give off to complete the functions of our company would bo di- vided equally between the 3 of us. I owned all of the stock. That varied at different times as we sold off stock from time to time for need of it. For example, with Mr. Murray our attorney, I did ask him and he accepted a 5% Mayor Ferre: You mean Mr. Dubbin. Mr. Traugott: Mr. Murray Dubbin. He accepted 5% of the stock in return for services. But at no time, and Mr. Walker is perfectly aware of this, at no time was Mr, Crowder ever a stock holder of this company. Mayor Ferre: Then I have to ask you why on the submission of 31st day of March, 1978 signed by Paul S. Walker for Biscayne Recreation Development Corporation, and Executive Vice President James B. Sprague in the ..tio DEC 01Q81 IT/ declarations Dinner Key Marina, as part of the record here it says, quote: "Crowder, of Bristol, Childs, Crowder & Associates is also a stockholder of Biscayne Recreational Development and was made so in order that the company would have the benefit of his extensive marina experience. (see resume attached) if and when Biscayne Recreation Development is successful in its application to the City". Mr. Traugott: May I explain that in my own word sir? Mayor Ferre: Alright. Mr. Traugott: You must remember that Biscayne Recreation Development Com- pany was not a viable company in sense that it was doing business. It was organized fQr the sole purposes of seeking the contract of this marina. At the time that I made Mr. Crowder the offer, I prepared it in writing, and I pointed out to him who the other stockholders would be, etc., and so forth. This was left in the files and when the girl collated the files, she included this in our presentation. Mr. Walker was not present, and the night that he made his presentation, he was reading from the proposal. Later, the City called our attention to this, and I sent a letter to Mr. Clark Merrill. That should be a matter of record in this City in which I apoligized on be- half of Mr. Crowder for confusing this issue. I have also seen the City's report in which Mr. Gary alleges that I told him that Mr. Crowder was a stock holder in this company. I never told Mr. Gary any such thing. Mayor Ferre: Alright. You understand....I don't know if Mr. Walker is still here. I don't see him, but your statement is in total contradiction or his statement is in total contradiction of your statement. Mr. Traugott: I am not responsible for Mr. Walker's keeping of the truth. Mayor Ferre: I am not saying that you are, I am just saying that obviously someone is wrong, you can't both be right with two contradictory statements. Is there anything else you want to add? Mr. Traugott: No, except that I feel very badly about this thing. I want you to know that I hired Mr. Crowder because I considered him competent and able. I could have hired any engineer in this town. I hired him because he is competent and able. 'He has done good work and I think it is a dis- grace. I think it is terrible what is happening to this man and to the peo- ple of his firm who are all good citizens. Mayor Ferre: That is precisely, Mr. Traugott, why I have gone to this length, because we are talking about a human being whose name has been bandied around in the newspapers with, in the power of the press, they tarnish people and their reputatons, and I think it is something that I needed to get clarified on the record and because I think people are entitled to either be accused and be taken to trial and found guilty, or be found innocent. And I think in both the case of Mr. Crowder and Mr. Morris Kaufmann, they have been pun- ished with inuendos of improprieties and dishonesty, which I don't think they deserve unless it is praen, I think that out of nothing more than Just courtesy and human decency, to these individuals I wanted it to go to this extent so that the record could be clarified or so that the State Attorney could pursue this and find out if they are, then prosecute them. Mr. Traugott: I think is is the most despicable form of demagoguery, Mr. Mayor. • Mayor Ferre: Alright. Mr. Gary, Since you have chosen, and as I said, this is alright, not answer these questions under oath, let me tell you... Mr. Dawkins: May I ask you a question, Mr. Mayor? Mr. Gary's decision was based upon the information that was given to him by his staff. Am I right or wrong? So, where are we going now? If the action taken by Mr. Gary is just been proven by the people in his staff who said "this is the information we gave him", and what we have, where are we headed to now? But where are headed in swearing Mr. Gary in? Mayor Ferre: Well, everybody else has been sworn in. The reason for that is so that the State Attorney will have a clear record of sworn statements so that if there is a case of perjury, that.. ei DEC 01981 147 ..17 Id Mr. Dawkins: Can we defer this until after lunch and then we provide Mr. Gary with an attorney? Mayor Ferre: I concur completely, because I think it is unfair to Howard Gary to force him to have an attorney here by 2:30, and'if I may, as far as I am concerned, I am finished in about 3 minutes, and I am just going to put into the record my questions and then I am going to ask Howard, at his leisure, whenever he wants to answer them under the advice of his attorney. Now I want this to be at the same level as the others. In other words, I would like this to be under a sworn basis so that the State Attor- ney will have everything under oath. Alright now, Mr. Gary, my questions to you simply is: Did you at any time discuss with any member of this Com- mission the idea of the idea of delaying or scuttling this project. Second question that I want to ask of you is, have you discussed with any individual his or her 'rights to purchase stock in a corporation, in this corporation & control, and specifically whether or not you ever made the statement that it is your intention to stop the project and to divide it into smaller projects and start all over again. Those are the two main questions that I have for you and the third one and last one is, do you have any information other than what has been discussed here that would indicate improprieties, dishonesty, or something that is outside of the law and in your opinion should be pursued, other than what has been presented by the memorandums and the questions that have been asked here today. Mr. Gary: Mr. Mayor, for the record, as I stated earlier, I will, in view of the fact that we are going through a judicial process, be happy to get an attorney to respond to the questions based on his advice and I would also like to go on record by saying that I am willing to go to the State Attorney's office tomorrow and give give any kind of comments you would want. Mayor Ferre: Alright, at your leisure, hopefully within a reasonable period of time, certainly by mid -January I would want for you on the record to answer those questions and send the members of the Commission copies of these. Now, Mr. City Attorney, we have now gotten the testimony from Bob Traugott. The only people that that leaves, as far as I am concerned, is Mr. Ross and as I remember, Mr. Gallop. Now when you have completed this, I would like to ask the Clerk's Office to transcribe this as quickly as possible, Once you have Mr. Gary's answer, would you take these personal- ly to Janet Reno's and ask for her to have someone of her staff to review this information and if they wish to pursue it, since there is a direct contradiction between the statements of two individuals here today, and there might be more, I don't know, but we would like for her to pursue this matter because we need, for the benefit of this community and Mr. Crowder's integrity and that of others who have been implied in this process, to get this matter clarified and either award this, or go to second, or proceed with the new selection. Does anybody have any further questions? Or statements? Any other questions on this matter? Any other statements by anybody? If not, we stand adjourned and will reconvene in one hour. End of transcript. NOTE FOR RECORD: Mr. Cesar Odio, .Assistant City Manager submitted a memorandum dated December 10,1981 addressed to the City Clerk on December 11, 1981 making further clarification of this matter. This memorandum forms a part of this official public record and may be found with the document file of this meeting. A copy of the memorandum is attached hereto. 't2 nrr% n +qgi TO;Ralph G. 'Ongie City Clerk Cesar H. Odio FROM Assistant City Manager CITY OF MIAM1. FLORIDA INTER -OFFICE MEMORANDUM DATE: December 10, 1981 FILE: SUBJECT: Transfer of stocks Biscayne Recreation Development Co. REFISRENCES: Memo from C. H. Odio to City Manager ENCLOSURES: 10/30181 I ++-e-r—€-r4m—P.S. alker,--10/-2 141 In regard to the question of Biscayne Recreation Development Company (BRD) stocks and whether I ever got myself involved, I want to clarify, for the record, that I met with Gene Hancock, who informed me that he had made deals on stocks of the aforementioned company. My reply to him was that they would violate their agreement with the City of Miami if they did not request prior approval from the'City Manager for any such transference. Any other conversation regarding BRD stocks was in relation to receiving written request from stockholders of that company for trans- fer of stocks, of which I promptly advised the City Manager, requesting his approval. cc: Mayor Maurice Ferre Howard V. Gary, City Manager 73 DEC 101981 K 36. OPEN BIDS: KIRKLAPID SANITARY SEWER. P. Mayor Ferre: I aoplogize for the hour delay that we have. As soon as we have a quorum...oh, we do have a quorum, alright. The first item that we have got to do here, is we have a 2:30 P.M. item which must be taken immedi- ately, and it is Item No. 53 with regards to bid openings on the Kirkland Sanitary Sewer. Is there a motion that the bids be opened? Mr. Carollo:: Moved. Mayor Ferre: Is there a second to opening the bids? Mr. Dawkins: Second. Mayor Ferre: It has been moved by Carollo, seconded by Dawkins. Further discussion on ITEM No. 53? Call the roll. This being the date and time advertised for receiving sealed bids for Kirkland Sanitary Sewer, the Mayor announced that the City Commission was now ready to receive sealed bids. The preceding motion introduced by Commissioner Carollo and seconded by Commissioner Dawkins was passed and adopted by the following vote: AYES: Ccmmissioner hiller J. Dawkins Vice Mayor Joe Carollo Mayor :taurice A. Ferre NOES: None ABSENT: Commissioner J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. BIDS WERE RECEIVED FROM THE FOLLOWING FIRMS: Kamphuis Excavators and L. N, Melvin Iacobelli Contractors, Inc. Joe Reinertson Equipment Co. Lanzo Construction Co. of Florida Madsen, Barr Corporation Roenca Corporation Delta Engineering Contracting Corp. Mayor Ferre: Well now, let me understand this. There were seven bidders and it looks like the apparent low bidder was Roenca, $1,431,590. I think the interesting thing is that the low bid was $1,431,000 and the high bid was $1,617,000. They were all very, very close. Vince or Don,.what was the estimate'that you had? $1,700,000? Does that mean that we are be- ginning to get bids that are lower than our estimates? It means that they are hungry out there. We are getting a little more competition and better bids, That's fine. Thank you. Is there anything else we need to do, Mr. Clerk? • Mr. Ongie: No sir. 74 . • .� q1 r-� 37. PLAGUES, PROCLAMATIONS A11D SPECIAL ITEMS. A. PRESENTATION Commendation to Mr. Bill Oliver, forme' County Commissioner, on the occasion of his retirement as member of the Board of Directors of Downtown Development Authority. B. PRESENTATION Certificates of Appreciation presented to the different organizations who supported the program "Miami: Image of the 180's". C. PRESENTATION of Plaques to Mayor Maurice A. Ferre and Commissioners Joe Carollo and J. L. Plummer by the Cuban Museum of Art and Culture (Mrs. Mignon Medrano, President and Dr, Andres Candela, Director) for the Commission's efforts in making a City building available to house the museum. (The plaques for Commissioners Gibson and Lacasa will be pre- sented directly to them). D. PRESENTATION Plaques presented to Juanita Brozelton on her retirement for 24 years of service to the City of Miami. 38. FIRST READING ORDIIANCE* RE210VAL OF 1I121BERS DOWIITOVr4 DEVELOP_ IEIIT_ AUTHORITY. Mr. Roy Kenzie: First there is an ordinance, first reading amending Section 14-29 of the DDA dealing with removal of board members for non-attendance, and the board met and created a set of policies within our by-laws governing attendance to board meetings, Mayor Ferre: Just for the record and for the press, it has nothing to do with politics, right? Mr. Kenzie: No. Mayor Ferre: This is something that we started. Mr. Kenzie: This was done about 5, 6 months ago. Mayor Ferre: Okay, so it has nothing to do with the electoral process. I think it is self-explanatory. What we have is that we have had several members who have not been attending and we just need to clean it up a lit- tle bit and this is the standard type of procedure. Basically it says if you miss so many meetings in a row, or if you miss more than one-half of the meetings in a year, then you are automatically dropped unless they they have a right to appeal to the Commission. Anybody have any Droblems with that? Is there a motion on that? It is moved by Commissioner Carollo and seconded by Commissioner Perez. Further discussion? Read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 14-29, ENTITLED "DOWNTOWN DEVELOPMENT AUTHORITY BOARD - REMOVAL OF MEMBERS", OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY RENUMBERING THE EXISTING SECTION TO READ SUBSECTION (a) AND BY ADDING NEW SUBSECTIONS (b) AND (c), THEREBY PRO- VIDING FOR THE EXERCISE BY THE BOARD OF THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE POWER TO REMOVE BOARD MEM- BERS FOR NONATTENDANCE AT BOARD MEETINGS AND PROVIDING AN APPEAL PROCEDURE TO THE CITY COMMISSION BY ANY MEMBER REMOVED FOR SUCH NONATTANDANCE; FURTHER CONTAINING A RE- QUIREMENT THAT PRIOR WRITTEN NOTICE BE GIVEN ANY MEMBER WHOSE REMOVAL IS THE SUBJECT OF CONSIDERATION AT A CITY COMMISSION MEETING; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 75 DEC ^ 0'� i ��81 V n 1 Was introduced by Commissioner Carollo 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. Vice Mayor Joe Carollo Mayor Maurice A, Ferre NOES: None ABSENT: Commissioner J. L. Plummer, Jr, o The City Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the City Commission and to the �ublic. AFTER ROLL CALL: Mayor Ferre: Under discussion, briefly, Roy as I remember, you miss three consecutive meetings.. Mr. Kenzie: Yes, or three consecutive meetings or four meetings within the year, and we have to..the board reviews those cases to see if their is sick- ness or other factors and brings that to the committee. 39. DISCUSSION ITE71: FOUNTAIN IN BAYFRO?TT PARK OF THE A►IERICAS. Mr. Kenzie:The other item was Item No. 52, which is in conjunction with the Parks Department. A presention of the design with development drawings and construction cost estimates for the fountain in Bayfront Park. Carl Kern for the Parks Department will do that. Mayor Ferre: Bayfront Park of the Americas. He is right. It is called by its name. Is this informatory in nature, or do you need a'vote from us on something? Mr. Kern: No, no vote. Mayor Ferre: Well then make it very quick please. Mr. Kern: INAUDIBLE - NOT USING MICROPHONE. Mayor Ferre: Is this the one that Mr. Goulds is supposedly thinking about? Mr.Kenzie: That is the one that is directly in front of the Miami Center project. Mayor Ferre: Would he pay for the whole thing? Mr,Kenzie: For the fountain and the work around the fountain to install it, Yes. 1. Mayor Ferre: Alright, is there anything else? Mr.Kenzie: No, that item was just information to show you where we are on it. I 7 V. 40. DISCUSSION ITEM: ROY Y.ENZIE REGARDING OUTDOOR CAFES BRIVG PERMITTED III DOWNTOWN AREA. Mayor Ferre: Roy, this thing that you just gave me. This is a pocket item about outdoor cafes downtown. Tell me what this is all about. Mr. Kenzie: The merchants two weeks ago held a domino tumble down Flagler Street and at that time they were allowed to place... Mayor Ferre; Were you able to go to that? Mr. Kenzie: They were allowed to place in certain places downtown outdoor cafes as trial. These turned out so well and worked out well, so what they would like to do is have a two -months trial to have outdoor cafes in certain points in downtown and this is a special resolution to allow that to happen for two months on a trial basis subject to approval and permitting by the City and various departments that are necessary to do that. Mayor Ferre: Howard, do you have any problem with that? Mr. Gary: I think the idea is good, but I think we need to look at, you know, where we want to have it. Mayor Ferre: What do you want us to do on this? Do we pass it and then leave it, the implementation up to you? Mr. Gary: Right' and we will sit down with Downtown Development Authority and implement it. Mr. Carollo: What feedback, if any do we have from the Police Department so far? Mr. Kenzie: So far the feedback from the Police Department has been very positive. They didn't have any problems at all with it during the domino tumble. We have also been working with the Police Department, I met with the Chief, three days ago discuss also that and expand the coverage down- town which they are going to do as well through the Christmas Season, and while these cafes will be operating. Mayor Ferre: In places like Paris or capital of the Ivory Coast or Senegal, you know things like that are done because that is the tradition. But we are not part of French Africa or France or Martinique or other places where these things are done as a matter of course. I think it is a very nice great idea. We are kind of new at this cafes out in the street, so Roy I think we have to proceed with this very carefully so that there are no problems with the Police Department so that we don't end up with liabili- ties. I think that the City Attorney's office has to make sure that we don't end up getting sued because somebody slips and breaks his neck and then it is our falut because we let the cafe outdoors. Mr. Carollo: Maurice, you are bringing out a lot of good points, and can we defer for the next time around and after all these problems are looked into can they come back into us? Now I would feel extremely bad if we pass something and there are all kinds of problems and we end up being liable for half a dozen different things. Mayor Ferre: The reason why they are here now is that they want to do it for the Christmas Season. The problem is however, Roy, that I want to make sure...I feel a little bit different from what Joe just expressed. I don't mind letting the manager having the final ability to say "yes", after he is confident that we have no legal liability or police liability and no other liability, but I think it is fraught with potential problems. Mr. Kenzie: We understand that and that is why in the resolution, it says it is subject to the approval of the Manager the various public works and Planning Department and City Attorney before they could move forward. 77 DEC 0 11981 Mr. Dawkins: Mr. Mayor, I would have to go along with Commissioner Carollo. I would rather that this come back before us. The brow beating that I saw the City Manager take today on some stuff that he passed and then we went through it - from now on I would rather we make the decision and take the heat off of him. Mayor Ferre: Okay, so how do you want to do this. Do you want to bring this back on the 15th or do you want to wait until January? Mr. Carollo: I think they are going to have to bring it back on the 15th if they are going to be able to accomplish this, which means that between today and the 15th it is going to be a lot of running around. Mayor Ferre: Is that reasonable Howard, with all the work.... Mr. Gary: .Let us try. Let us try. Let's make an effort to try to do it. Mayor Ferre: Now -Roy, I don't want all the merchants angry at me and the Commission. We are going to try, but I don't want any repercusions or anybody getting angry because we can't do it by the 15th. Okay? So it is an item that will be brought back on the 15th if the Manager can do it. If not, you know, heh ...let them do it next Christmas. Mr. Carollo: Roy, can you help the Manager out, and see him come back on the 15th? Mr. Kenzie: We have scheduled a meeting tomorrow with Planning and Public Works in the morning at 9 o'clock to go through this thing and we will work very closely with the Manager and the City Attorney and our own Attorney to see if we can work out the liability question and others and try as best we can to get back on the 15th, because they would like to get it going as soon as they can. Mr. Carollo: Very good, Mayor Ferre: Okay, and I will tell you also what we ought to do. If we allow this on the 15th, then it ought to be for a period of one month, not two or three months and then we would have a public hearing in January to make sure that it is properly advertised so that if anybody has any major objections to it, we can listen to them before we continue. Okay? 41. APPOINT DR.'CLYDE CROSKEY JR. AND ILEAIIA ROS TO THE CITY OF t1,IA2:I FESTIVAL ADVISORY COTU1ITTEE. Mayor Ferre: There are five people here on the discussion of funding of the New World Festival. Okay? That is the Festival Committee. Alright, Mr, Mendez, IIolzhauser and other people here on this issue. This is festivals, now, alright? I am talking about Little Havana, Kwanza the whole thing. Mr. Mendez: My name is Jose Mendez again, I am the chairman of the Festival bi-city committee and as requested by the Mayor, if I find any evidence to come bacl�. I am doing so. City of Miami funding rationale gives you the proposal Submitted from the World Festival to this Commission to the manager for funding. And I like to read part of that rationale. The New World Festival incorporated requests a funding in the amount of $175,000.00 from the City of Miami. Of this amount, $75,000.00 will be used for advertise- ment and promotion. The balance will be used for the purchase of. $200,000.00 worth of art works by the renown artist Christa. The work will become the joint property of the City of Miami and Dade County as a part of the collec- tion of the New Art Center. This is the money that I was talking to you about this morning, Mr. Mayor and Commissioners. Christa has already indi- cated, as was stated by the chairman of the New World Festival this morn- ing, that he would do this work free. The cost will not be from this money. But what I am requesting the Mayor that that those monies that have not been A utilized are earmarked by this rationale to be sent over to the City of fUami Festival bi-city committee so in turn we will be in a better nosition to fund community festivals. Mayor Ferre: Alright, Mr. Mendez, that brings up a question directly related to all this. The community, all of the community, putting on this major in- ternational World Festival is going to cost $5,000,000. They have commissioned plays by Tennessee Williams, They are going to have the great jazz players of the country down here, and symphonic orchestras and all kinds of things that are very exciting for Miami. And I'm sure we won't make the cover of Time again, but maybe we will make the cover of another magazine. The prob- lem is the government is funding some of this. The question, is somebody going to be making money out of it; other than the artists that are going to be compensated. What concerns me is, they get our money and they get Metro's money and they get all the other and then they get people to pay, you heard $2,100,000, and all of a sudden they got art and things to sell and they sell and they build up a kitty for the next festival. We are oivino the,. money, and if they get any money left over, that money is got to bi returned in proportion to whatever we gave out of the total government budget. That is only fair and square. We are not going to give $175,000 and then have them build up a $400,000 reserve for the next festival.based on income from the sale of Christa'prints, see? And what I am afraid is, they may have gotten, and that is why I am glad you brought this up, because we didn't understand that clearly this morning. Well, he says that Christa was going to do all this and pay for it out of the proceeds of the sale. And you know what he is going to do is going to cost a million dollars, and drop all this tissue paper all over these islands, and'pink tissue paper and then he makes pictures out of that and he sells them for hundred and hundreds of thousands and maybe millions of dollars, obviously in millions if he is going to pay for it himself. The guy is a super great promoter and I don't object to any of that, except that I want to know if that Festival Committee is going to be making money on it. Because as part of the contract is if they get 20% of the proceeds, and they put it in the kitty and we don't get any of that, and we come up with $175,000, that isn't fair. So, I think now that this has come out in the open, I think we need to kind of find out what this is all about, and you had better have those people back in here on the 15th with an answer as to whether or not they are going to be building up any money. If all the money is going out and we are putting in our share and we have a commitment and we have to live up to it. And members, that means that as far as you and your committees are concerned, we are going to have to find the money elsewhere, cause I don't think once you have made a commitment to somebody that we can half way through, yank it out. Mr. Mendez: Mr. Mayor, I am not going to stay here arguing all afternoon. But I just, you know, in my little knowledge of the English language, I as I understand that the monies that you allocated was monies earmarked, and not going to be used, as indicated here. So if that money is not going to be used, regardless of, that money, if you don't want it, to return that money or give that money to the Festival Committee, I think that that money ought to go to whatever the Manager designates. It has to come back to the City. I mean, I have it here in black & white, Mr. Mayor. I don't know whether you all have read this. Mayor Ferre: You gave it to me and I gave it to the Manager and then you asked me to pick it up and I gave it back to you. Anyway, there is nothing we can do about it right now, so let's move along and we will ask the people to return and answer these questions. I am sure you will be here. Mr. Mendez: Also, somewhere else in this agenda, you are about to appoint some members to this Festival Committee. The Festival Committee was post- poned last meeting the appointing of some individuals, I am recalling Mr. Demetrio Perez and Mr. Dawkins that they had to app�%tnt- some individuals. The resolution states that clear that we cannot meet to take care of any kind of business unless the five members are present, so what I am asking you is to please appoint the two remaining members. Mayor Ferre: What are the recommendations? Do you want to make that now? Mr. Dawkins: Mr. Mayor, I recommend Dr. Clyde Croskey, Jr. Mr. Mendez: I just had it brought to my attention that instead of two or t9 DEC 0 1 1981 rr. three, Mr. Odio has.. Mr. Dawkins: Well, as one of them I would like to recommend Dr. Clyde Croskey as a member to the Festival Advosory Board. Mayor Ferre: Alright, is there a second to that motion? Alright, is there further discussion? As I recall, how many members are there? Five? You are my appointment aren't you, Mendez? (LAUGHTER - INAUDIBLE COMMENT NOT PLACED ON RECORD) Mayor Ferre: What are you laughing about, what is going on here? If you start making fun of Mendez, you are going to have to put up with me now. You know why he comes dressed like that. I think he is a model on the side for Burdiners. Mr. Odio: Mr. Mayor, I think the appointments belong to Commissioner Perez and Commissioner Dawkins and Commissioner Carollo. Mayor Ferre: Mt. Perez is about to make an appointment. Mr. Perez: I wish to appoint Iliana Ros. Mayor Ferre: Do you have a resume on her? Mr. Perez: Yes. Mayor Ferre: Is there a second to the motion? Further discussion? Alright, we have a motion on two positions, right? Mr. Ongie: Yes sir. Mayor Ferre: Alright, call the roll please. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 81-1038 A RESOLUTION APPOINTING TWO INDIVIDUALS TO SERVE AS MEMBERS OF THE CITY OF MIAMI FESTIVAL ADVISORY COMMITTEE FOR A TERM TO EXPIRE ON DECEMBER 9, 1982. (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. Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner J. L. Plummer, Jr. ON ROLL CALL: Mr. Carollo: I will make my appointment at the next meeting. Mr. Mendez: Mr. Mayor, one more minute please. There are certain activities that have taken place and some activities that are about to take place that all of us are winners of those activities, and I think that we have in the past also had some kind of responsibility.. I would like to bring to you one particu- lar individual that has been very patiently waiting to say something to you for the Downtown Merchant's Association. Margarita will you please come forward? This is an activity that has taken place and I think she too deserves an opportunity. so f? Ms. Cano: We presented the Downtown artway, Miami art wave. My name is Margarita Cano, I am Art Services Administrator for the Miami Dade Public Library System and the Center for The Fine Arts. The activity was geared to creating an awareness to the move of the Miami Dade Public Library to the new Cultural Center now being built next to the courthouse. It was a very successful project and the event brought the community together, work- ing together. It was totally supported by just about everybody in Dade County and the City of Miami. Children participated, about 300 Dade County schools participated as well as also private schools like Carrollton and Ransom -Everglades and many others. We got the City and the County working together in a project, which was also wonderful because we are so close together and we want downtown to be a very exciting place to be. It also had many satellite activities that are going to come out from this. Other cities will;be interested in what we did. Baltimore Hunter College has made a vid6o tape and is going to be taken all over and it is going to be a won- derful publicity for the City of Miami and the cultural activities and the creativity of the town, and the exciting place that downtown Miami is. But, we have had a problem. We have had a grant that was given to us by TDC, Tourist Development Council, of $5,000 and this money went to purchase of the new unit that was used in the event. $5,000 is what we are requesting from the City of Miami and we will raise the balance of $7,000 which we already been paying commitments that we have. Our total budget was $17,000, which is absolutely incredible to have had such a small budget for such an immense event as this downtown art wave.It took 550 giant dominos tumbling on Flagler Street and this was, we had an aerial view of this tumble and it was absolutely magnificant. We had more than 10,000 people downtown on a day on something that was just a cultural and artistic activity. I think that established a precedent in the City that we all care, that it is a safe place to be and that we want more of this type of event to happen, but we also need the support to be able to bring this event. Mayor Ferre: I have two questions for you. No. 1. Did you go up before the Festival Committee. Ms. Cano: We did not go at the time that we were supposed to have entered our plea, because we thought at the time that we did not qualify as part of the Festival. Mayor Ferre: Margarita, the 2nd question is this. You know, this is a small city. Our operating budget is 130 million dollars. The County's budget is 10 times larger, a billion, 400 million dollars, in addition to which 10 times larger and they also represent the Miami area. Now sometimes the way the County talks, you would think they have nothing to do with the people who live in Miami, even though we make up a fourth of the taxpayers in the residents of Metropolitan Dade County. In addition which, as you know the bed tax collected, 65 or 70% is collected within the City of Miami and part of that money is for art in public places and for the art community. Now, we just don't have that kind of money. I'd like very much to be supportive, but we just don't have that kind of money. Is the County giving you any money at all? Ms. Cano: Oh yes, definitely, $7,000 that went toward payment of bills that we have been putting through. I mean, it was the County that is putting in library and the Center for Fine Arts that absorbed all these costs. Mayor Ferre: But the library system is part of the County, right? Ms. Cano: Of course, it is the County and the Center for Fine Arts is also part of the County. This was a three part process, but we had Anita from Downtown Miami Business Association as our third party. Mayor Ferre: There is an organization that deals with close to two million dollars worth of funds just for this. Ms. Cano: What do you mean, are you telling me about Tourist Development Council? Well they gave us $5,000. We were awarded a grant of $5,000 from the TDC and.. Mayor Ferre: and you got $7,000 from the library. .q DEC Ms. Cano: And $7,000 from the County at Center for Fine Arts on the library, Mayor Ferre: That is $12,000, and you are short $5,000. Ms. Cano: We are short $5,000, and as the City was participant in this acitivity, I think the City was one of the ones that really profited more of an exposure and a tremendous amount of publicity for the City, Mayor Ferre: More than who? More than Dade County? Ms. Cano: Not really, Mayor Ferret The problem is, Dade County is always looking upon us, and I don't mean Ito be disrespectful to you, but Dade County is always looking upon us and let the City do that. But you know, 22% of the people of Dade County live in the City of Miami and it is always "well you know, we have a responsibility to do everything all over the County and we don't really want to do anything downtown". Downtown Miami is downtown Dade County. Overtown is part of Dade County, it is not a part of the City of Miami. Ms. Cano: Well I am a County employee and the whole concept was my concept, but I think I was thinking City all the time. All my life I always believed that government should work together, and City and County should work toget- her, and we both belong to the same thing and our goals are the same, we want the betterment of the City and we want the betterment of the County. Mayor Ferre: Margarita, you know that I love you. I appointed you to the Arts in Public Places committee. I don't know whether I told you this, you are my appointee to the Arts in Public Places. I know you do a wonderful.... Ms. Cano: Not officially yet, but I am glad to hear about it. Mayor Ferre: Okay, and you are a wonderful person and this community is very fortunate to have you. I cannot, at this point alone sponsor this thing. I think that it is something that needs to be reviewed by the city administration and they have to give us a recommendation. I cannot assume, and I don't know if there is anyone else here who wants to take that responsi- bility that wants to speak up, but we will have to look at it and then come back maybe in January and talk about it again. You should have asked before. Ms. Cano: Well, we did not know that could qualify and that we have come a son why we were so late coming here. Mayor Ferre: We have got people... we could qualify, that the event really a committee before and that is the rea- Mr. Mendez: Excuse me, with reference to that, we received their proposal, or I have received the Department of Leisure Services has received their proposal. We could not meet because we do not have the membership. Mayor Ferre: Okay, well it is not her fault, but I think the point is that we have Willie Gautier and the Kawanians and Lester Pantin, Jr. and others who are here to ask for important money and Joanne Holthauser have been here all day waiting to talk. There are a lot of things that we have and we just cannot unilaterally have the charities deal on this. I think we are going to have to find other monies and then we will have to deal with it then. I don't think we can do it today. Ms. Cano: I thank you for listening to me. I hope you will reconsider and see.... Mayor Ferre: We are not turning you down. What we are saying is, adminis- tration please look into it and the committee when you have a quorum when you meet next, you have to rethink this whole thing through, and come back with a recommendation from them. That would be very helpful. Okay? We have a system. We have got to try to follow it. We are not always success- ful, but we try. Okay. E 42. ALLOCATE $9,000 TO COCOI= GROVE ASSOCIATIOII II1C. (TINS MODIFIES RESOLUTIOII 110. 81-1040). Ms. Holzhauser: I am Joanne Holzhauser, 4230 Ingram Highway. I am here as Executive Director of the Coconut Grove Association. I hope that some of my remarks will shed some light on why this procedure has taken hundreds and hundreds of hours of some of us here who met repeatedly. Not, meaning necessarily the hours spent waiting for you all to take us up. I don't mean that.. I mean the hours generated by our intent to meet specific festival guidelines. In the first place, one of the reasons that they had a hard time establishing the five members was that at least three people were i- dentified from the list of appointees as Anglos. These three people were Margarita Ross, Pat Evert Johnson and Ralph Johnson. One of them is Latin, in spite of her name being Ross, the other two are Black. At some point it finally dawns on various people that these people were not being properly designated and at that time the appointments were made. Margarita Ross and Pat Evert Johnson were indeed appointed. So that was one of the first holdups. We had constant holdups, one after the other. Miss Evert Johnson wasn't able to get to the first meeting because nobody told her until 2:30 that afternoon there was going to be a meeting. I have encountered constant problems with this department, one after the other. I have brought a letter that I wrote to Dr. Lizaso specifically, but I think that it addresses some of the problems. I don't want to go into the letter if I don't have to, but what I am here for today is very specifically that you vote. I can't control what you do with the other, I think that all of us by now should be relieved of this coming before. I really need the money that the committee recommended. I want to point out that I believe I was the only person who came before the committee who voluntarily. when I discovered the shortage of funds. reduced the request. I Presented my case before the Citv. I was asked to come back the next day. I did so. I presented a revised budget and 1 was told it would be accepted, Mavor Ferre: Let's see if we can cut through all of this. Mr. Chairman, Mendez, does your committee recommend this funding? Is that part of the recommended funding? Ms. Holzhauser: It is, but the staff cut me. Mayor Ferre: What is the amount recommended? Ms. Holzhauser: The amount that I am talking about that I asked for in our amended proposal was $11.700, and you have, all of you, my answer to Dr.Lizaso's allegation that the reason he cut me is because we might use some of it for administrative tasks, and as you see, I don't understand how he could have read what I proposed or heard what I said and made such an insulting statement. I want the $11,700 that is Just as simple as that. Mavor Ferre: How much did the staff recommend? Ms. Holtzhauser: The staff recommends less than that. (INAUDIBLE COMMENT NOT PLACED INTO THE PUBLIC RECORD - NOT ON MICROPHONE) Mayor Fer%e: Excuse me, what is your recommendation now? (COMMENT NOT PLACED INTO PUBLIC RECORD) Mayor Ferre: Well, can you round it off and make it $9.000 and make it an even number? Ms.Holzhauser:. Mr. Mayor, then I am in the position of paying the City to have a festival. And I would like it, if you would, since this thing has ground on for four months, we are right back to where we were last year. Mayor Ferre: Alright, may I recommend something so that we can partially solve your problem. I would like to recommend that we follow the adminis- tration's recommendation for today and that we leave the remaining $2,000 ?V DEC 2 01981 W M pending, and I promise you that we will find a way to solve it. Okay, at least that will get this under way, because I don't think that I can spon- sor right now, you know otherwise we are going to get caught. If I do it for you, then I have to vote for everybody else that comes in here and has a thing. Ms. Holzhauser: I agree, if the committee can find it for me, but I am under the pressure now of having to get some money. Mayor Ferre: Well let us get the $9,000 under way and we will try on a beat try effort, and believe me we are having problems with others. Okay? Ms. Holzhauser: A best try effort doesn't pay my bills. Back to you sir. Mayor Ferret We have the Kwanza Festival to take care of and we have a lot of other things that we need to look at, and we are going to solve it somehow. Ms. Holzhauser: Alright, but I would ask please, that you read my letter, all of you and I have given it to the City official and that what I say in this letter discussing Dr.Lizaso's , allegation that this be made a part of any further proceedings. Mavor Ferre: Alrieht. Ms. Holzhauser: Mav I ask aeain. when are we Qoine to decide on the money, though? Itavor Ferre: The $9.000. hopefully right now. Ms. Holzhauser: And when are we eoine to decide on the rest of it? Mavor Ferre: We will have to deal with that as it comes uo, with the administration. When does the festival take place? Ms. Holzhauser: February 19. 20 6 21. Mavor Ferre: I certainly hove it will be done wav before that. but it will be into January before we eet to that. Its. Holzhauser: Well then I would like to reauest at this time of the Citv Manaeer that I have an aeenda time to come before you and discuss the en- tire affair of these people who are continuing to appear asking for money. You look at last of your agenda, and they are back again. Mayor Ferre: Alright, in the interest of time, maybe we can do it that way. Is there a motion from somebody? Does somebody want to move it as recommended by the admirdstration? Mr. Carollo: Moved. Mayor Ferre: Is there a second? Further discussion? Alright, and that entails, Mr. Manager, the placing of Ms. Holzhauser on the agenda in January. Ms. Holzhauser: Can I point out one more thing please sir? I have a poster coming out next week. I will have 5,000 copies and 20,000 post cards. The City of Miami is listed as co-sponsor of the festival. I would hope, I would hope that' is what it was. Well, $9,000 barely covers my cleaning bill, not that that is going to be used for it. But, I am saying, you pointed out that you liked co-sponsorship and that is what we are giving you. Mayor Ferre: Well, I want to tell you that again, I don't know of anybody that cares more about this community or loves Coconut Grove in particular more than you. I have known you now as a civic activist for 14 years and you have been consistent. A lot of times as a matter of fact, the majority of times you are on the other side of the issue from me, which is fine, but I want to tell you that I consider you to be one of the most civic minded and dedicated people. Miami is very fortunate..that is the answer to Time Magazine..people like you who care, who devote their time, you are not making any money on this, you are doing it for the welfare of this community. What you do is one of the best events in this town is what you do. One of the beat events! And we are proud of you and believe me we want to help you. We got a lot of problems. Please count on our good faith. Ms. Holzhauser: I do and all I want is what I want you to give the others is a straight deal for all of us. Thank you very much. Mayor Ferre: Call the roll. . The following motion was introduced by Commissioner Carollo, who moved its. adoption, MOTION 140. 81-1039 jA MOTION OF THE CITY COMMISSION AMENDING R-81-1040 BY INCREASING THE AMOUNT BEING GRANTED TO COCONUT GROVE ASSOCIATION, INC. BY INCREASING SAID AMOUNT TO $9,000. 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. Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES% None ABSENT: Commissioner J. L. Plummer, Jr. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 81-1040 A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISBURSE THE AMOUNT OF $130,000 FROM THE SPECIAL PROGRAMS AND ACCOUNTS, QUALITY OF LIFE FUND -CITY WIDE EVENTS AND COMMUNITY FESTIVALS TO LOCAL COMMUNITY ARTS ORGANIZA- TIONS, NAMED HEREIN, AS PER RECOMMENDATIONS BY THE CITY OF MIAMI FESTIVAL ADVISORY COMMITTEE AND CITY OF MIAMI STAFF MEMBERS; AND FURTHER'AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE NECESSARY CONTRACTS AND AGREEMENTS FOR SAID DISBURSAL 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, Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: . None ABSENTI Commissioner J. L. Plummer, Jr. AFTER ROLL CALL: Mr. Dawkins: I want the City Commission to go on notice that Miller Daw- kins is disturbed that every time I hear the Black neighborhood, I hear $5,000, I hear $6,000. When I hear the other neighborhoods, I hear $140,000, I hear $160,000 I am disturbed. If another budget is prepared, I would hope that these funds are distributed more equally among ethnic groups, and I mean all ethnic groups. That's White, Black, & Latin. 85 DEC 101981 PON Mr. Mendez: Mr. Mayor, may I...we had a public notice in the newspaper... Mr. Dawkins: Mr. Mendez, I couldn't care what you had. I am telling you what I will vote on next year. You can have anything you desire, but I am telling you what I will vote on and I may lose just like I lost on a vote this morning, but I do not care, that is the policy that I will be voting on. Mr. Mendez: You may, but you see.... Mr. Dawkins: Your public notice is irrelevant as far as I am concerned, be,, cause the people who you are talking about do not know about the public notice;.nobody sits down and gives them the technical assistance to help them prepare the proposals to bring them to you. therefore when they come, they come wdth things scratched on a piece of paper and they are turned down, and they never, I know where.... Mr. Mendez: If you will allow me, I will definitely give you an answer that I am sure will satisfy you. We have not only put a notice in the newspapers, we have sent a letter on the Mr. Gary's signature to every non-profit organization in this town. low or the other engaged themselves in those things that are related to the work of this committee. I for one can say to you, Mr. Dawkins and to everyone of these Commissioners the Puerto Rican communi- ty didn't get a penny from this committee, and I am the chairman, a Puerto Rican happens to be a chairman of this committee. Mr. Dawkins: Are you bragging or complaining. Mr. Mendez: No, I am saying to and giving you facts of life, that the Puerto Rican community does not get a penny. Now when we go to this organization, this organization as everybody else. We know what we are doing, we ask everybody to submit to us a proposal with a budget and give them them the guidelines. We offer also them the resolution passed by you, the Commission. Mayor Ferre: Mr. Mendez, you are not solving anything and I have got to leave in an hour and there are a lot of other things. We are not solving anything. We are just talking now. So he has made a statement to you and you have to be guided according to the statement. It is a reasonable statement. Decide quickly. Do you want to put on this microphone? Turn him on, would you? Stuart Sarg: (INAUDIBLE COMMENTS - NOT USING MICROPHONE) Mr. Mendez: The committee recommended zero for the Goombay Festival. But, out of the will of the staff, they are getting $10,000. (INAUDIBLE COMMENT NOT ON MICRPHONE) Mr, Carollo; I think the bottom line is, those monies are there, and I for one am in favor of cutting back on those monies more and more each year. I think we have cut a lot last year. Finally down to about $130,000. What- ever monies are there for next year should be divided as equally as possible between the demographics of the City of Miami, different groups that we have here. It is as simple as that. (INAUDIBLE COMMENT) Mayor Ferre: Alright. Further discussion. Can we move along now? 43. DISCUSSION ITEM. USE OF VACANT FIRE STATIOUS. Mayor Ferre: Item "A", Mr. Manager. Mr. Gary: At this time I would like Mr. Pierce of my staff to present in- formation you have in your packet on reuse of vacant fire stations. 3L 86 r -^ Mr. Pierce: Mr. Mayor and members of the Commission, since 1973 we have a total of seven fire stations which have been, are no longer being used by the Fire Department for fire for fire suppression purposes, active use, that is. Oik station is still being used as the headquarters of the fire rescue division. What we are asking today is that the Commission give some direc- tion as to what we do with these stations. One of them has already been entered into a lease with the Cuban Museum Association. Another station, there is a lease on it right now with the Arch -diocese of Miami and is being used as a day care center. We still have four stations, specifically, sta- tion No. 4 located at 1000 South Miami Avenue, station No. 9 at 7551 N. E. 1st Avenue, station No. 13 at 4850 N. E. 2nd Avenue and station No. 14 at 141 N. W. 27 Avenue. The 1981 assessed values on those four properties, according to the Dade County Property Appraiser's office is approximately $886,000. ;The seven stations totally have an assessed value of $1,358,913. There are a lot of groups who can come before the Commission asking for one or two of these facilities for use by community based organizations, and that is what precipitated this report. We also have had some interest in stations to be purchased by members of the private sector, one station, parties have been interested in leasing that facility for use as a restaurant, and to put it to other uses. We simply at this time are asking the Commiss- ion for direction. Mr. Gary: Mr. Mayor, I think also you should explain to them the process that we have to follow pursuant to the ordinance for the disposition of thewe properties. Secondly, I would like to bring to your attention after Mr. Pierce finishes that what has been recommended by the Planning Depart- ment and what our final recommendation is. Mr. Pierce: Basically, Section 1880 of the Miami Code authorizes the City Manager to dispose or sell to the public any real property which is owned by the City but not needed for public use, or may have become unsuitable for use by any City operation. And the first thing is that the City Manager has to try to lease the property so as to derive revenue for the City. After that, there are a couple of other steps, such as offering the land to Dade County and then to the School Board before we are allowed to publicly ad- vertise it for sale. The bidding would also be a competitive process for lease for anyone interesting in leasing the facility. Planning Department has some time ago done a reuse analysis on five of the stations, including the one that has been leased, where a lease has been entered into with the Cuban Museum for. The first one that they analyzed was fire station No. 4 located in the Brickell Plaza area which is right along the pedestrian walkway leading from the Metro Rail Transit Station. That particular sta- tion has drawn a lot of interest. I've gotten a lot of phone calls from people who want to lease it for a restaurant, for a day care center. Mayor Ferre: This is the one on Miami Avenue you are talking about. Mr. Pierce: Right. Mayor Ferre: Now Walter, let me express my opinion on that. I've had a lot of experience in real estate, and I think I am pretty good at it, let me tell you, but I think the land is just the beginning of the cycle as to what it is going to be worth. I know Alan Morris wants it real bad because he can buy at the right price today. In my opinion in about four or five years that land is going to be worth four or five times what it is worth now, so therefore I am not for selling,- know $389,000 is the assessed value of that and the appraisal is what? Mr. Pierce: That is the assessed value, County property assessment value on it. The.... Mayor Ferre: I guarantee you that the appraised value is well over a million dollars. Mr. Piercer We would agree Mr. Mayor. By the way Alan Morris' offer was in excess of $500,000. Mayor Ferre: I am sure, because it is worth a million. Alan Morris is a super duper guy and he is offering a half -million because it is worth a million, and the fact is that if we waited a couple of years, it will be worth two million and I really think that this is not the time to sell that property. I think we ought to use it for something that is public in nature if possible. I think a day care center from the private sector, I happen to thiab%at would be very good, because a lot of people work in that area and don't know what to do with their kids. Mr. Pierce: Mr. Mayor, just for the record through, leasing of that station, was the preferred alternative. Mayor Ferret I think we should go out and try to lease it and see who wants to lease it. I am just saying that I would not necessarily throe out the same argument we had this morning with the public based organizations and the junior college and training. You know, if somebody comes here and says "look, we can take in 100 kids and there are 100 mothers who work Mr. Pierce: Station No. 9 at 7551 N. E. 1st Avenue is a rather old station that was burtlt in the 2019. It is a fairly good sized piece of property. It is 22,060 sq. ft. with about 7,000 sq. ft. of improvements. The station is in pretty bad condition and this is one that has been asked for. This is the one that initiated the thing - the Haitian American Voter Education.. Mayor Ferre: Alright, let me tell you that so far the score card is, and I am going to say it before Miller says it. The score card is, one Cuban or- ganization has gotten a facility, okay? Now I think we need to get a Black organization. Now, whether it is the Hatian organization or whether it, is an American Black group or what have you, it is something for the community to come up with. Now, I think you ought to make this well known that you have this facility and if it is to be the 4fro-Ptaitian dimension of the Haitian - American community, or whatever it is, let's deal with it. Mr. Pierce: Mr. Mayor, I think it may be important - I had a tentative meeting at Morningside lapt..a couple of days ago and it was a group of organizations including Morningside, Buena Vista East and the association represented by Buena Vista East was very adament about that station being utilized for improving the neighborhood, primarily in terms of setting it up as an I interior design office. Now, I just thought you need to know that before you make a decision on that. They were very adament about it. Because of the zoning problems and the code problem, they think this would be a catalyst for improving that area. Mayor Ferret Do they want to use it now? Mr. Pierce: They want to use it to sell it to the interior design area which would fix it up for some interior design office which they feel will act as a catalyst to improve that area. Mayor Ferret How many white people were at that meeting? Mr. Pierce: All of them, all except one. There was one black from Buena Vista. Mayor Ferret I mean this was other than you. Mr. Pierce: Other than me there was one black woman. She is here all the time. I forget her name right now. Mayor Ferret Do you think that is pretty representative of the whole community? Mr. Pierce: Well, all I can say is that that was one opinion by people who live in the area who are concerned about the problem. Mayor Ferret Well I think it is important that we balance it with the opinion from the other side of the track Mr. Gary: Oh no, I am agreement. I was just giving you that information because they told me to relay that information to you. Mayor Ferret Please don't misunderstand. I have nothing against Morning - side, as a matter of fact I think that is where Marie Petit lives ... but we have to go by someone else's opinion too. Mr. Pierce: For the record, that station that you were referring to Mr. Gary, is 4850 N. E. 2nd Avenue. Mayor Ferre: That is not station No. 9. Mr. Pierce: No, that is No. 13. Mayor Ferre: Well let me ask you this. No. 9 is in kind of bad shape and 13 is not. Mr. Pierce: That is correct. Mayor Ferre: I see that the Haitian and American community then we have the Haitian -American Board of Education center. One of the things that I don't want to do., if I can avoid it, even though I am sure that I cannot, is get in the middle of an inter -mural crisis in Haitian policy. I tried to avoid it in the Cuban community and 'haven't been very sucessful, so I don't see any reason'why I am going to be successful with the Haitians. We will have to take that one as it comes up. But Howard, I am going to need your guidance on it. Mr. Gary: Yes sir. Bite the bullet. Mr. Pierce: The last one is located at 141 N. W. 27th Avenue. In the agenda materials that you have is the Planning Department's complete recommendation and this particular station is recommended that we sell this station, as we have no viable use at this time for it. The Fire Department is totally out of it and it is in a commercially zoned area. Mayor Ferre: This is one that is... Mr. Pierce: Just north of Flagler Street at 27th Avenue. It is right in the heart of commercial area where they have car lots and stores. Mayor Ferre: Have you ever heard of the Brigade? (INAUDIBLE COMMENTS - AWAY FROM MICROPHONE). You know the Brigade is looking at that location. Mr. Pierce: No, I wasn't aware of that. Mr. Dawkins: Mr. Mayor, may I go on record in suggesting that before we sell any of this property, that we get an independent appraisal of it to be sure that Miami is getting a fair market value and then at that time see really and truly who wants to buy by accepting bids. Is that out of order? Mr. Gary: Well, Mr. Mayor, I think it is important, if you recall that we were negotiating a pension liability of approximately $20,000,000 and in that agreement which I will be discussing with the City Commission some time in the very near future, once the unions agree, request that two of the facilities be used for pension purposes until we build a second administra- tion building whereby we will provide them space, so two of those facilities may.... Mayor Ferre: All you are doing is informing us as to where this whole thing stands What you need to do is get with Commissioner Dawkins and you had better start some processes. First of all we need your recommendations. That means you ought to get with community groups or what have you. Secondly, if this Commission decides to sell any of these, there is no use wasting any money appraising these unless we are going to go out and sell them. If the Commission decides to sell, by law we have to go out and appraise, and then there has• to be bid process. If the Commission then decides that we are not going to sell, that we are going to let community based organizations use them, or we are going to lease them out to the private sector to pay money to use them for a restaurant or a day care center or what have you, then we have to go through that process. But we are nowhere near making that decision at this point. Okay. Mr. Rodriguez. Mr. Rodriguez: My name is Isidoro Rodriguez, president, Allapattah Communi- ty Action, Inc. (COMMENTS IN SPANISH). Mr. Odio: (TRANSLATIONS) The corporation had food for persons over 60 years of age. We have been doing this since 1977, We have raised there 1700 people. 1700 people are raised there. They have 200 participants. They are going to have more because of the size of the place that they have. The County is charging them rent, $13,800 a year, of the $60,000 that the City gives them. Z Q9 DEC 101581 Mr. Odio:(con't) and you can appreciate the major part of the money goes to the County because of the rent. We have only 3 employees in the office and several volunteers, besides the HUD food they also have recreation programs, art, music, they show movies. They also have a ....action agency. They facilitate the buses to transport the elderly from one place to another. The biggest concern of the community of Allapattah is the size of the place that they now have, in spite of the hard place that it is, and they are limited in the time period they can use it. They can only use it according to the contract from 10 o'clock in the morning until 5-o'clock in the afternoon, only five days a week, Our desire is to service not only the elderly people, but also anybody else that lives in the community, especially the youth, that they .want to work with them as far as orientation is concerned. BecAuse they are a non-profit, they can only count on the resources that the Cit Ives them and all collateral organizations that give them food and trausporta�io� They are really delivering a special service, A strong special service that they have. They want to increase it, they Want to double it, perhaps. Again coming back to the size of the place that they have, which is too small, and they have a limited amount of room available, that is why they are here today to ask that they can get fire station No. 16 which is at on N. W. 23rd St. so they can develop a better program, a human program and to better serve the whole community. Mr. Perez: What kind of family participation do you have? Mr. Odio: ((TRANSLATION FOR Mr. Rodriguez) They have three ethnic groups participating in their program. What is the etnic participation in numbers? The question is, what is the etnic participation in numbers. They have His- panic, Anglo & Black. The majority is Latin, They have a percentage of Blacks and Whites. Id WE Mayor Ferre: (Conversation between Mayor Ferre & Mr. Rodriguez in Spanish) There is nothing wrong with the majority or all of the people receiving those hot meals being Cuban or Latin, there is no dishonor in that. The hot meal program in Coconut Grove is all black, there is no dishonor in that, but I think we must know, the question is a reasonable question, not because we want to confuse anything or anybody but because people need to know. There is nothing wrong, if they're all Latins to say it, that's what we want to know. Mr. Rodriguez (As translated by Mr. Odio): He said they want to clarify that their zone is the only zone ih the City of Miami where they have the three ethnic groups residing there. They have a majority of Latins that are going to participate in this program but they do have the three ethnic groups registered to participate. He wants to say also that they have also other organizations within their community like the Puerto Rican Women's Club, they want this Women's Club to participate within this group that they now have. Mr. Perez: But I think, Mr. Mayor, that it is very important to emphasize the location of the Allapattah Community Center, they are able to serve all communities, they have a good location, I visited that place in the last four weeks and I know that they serve people from the different minor- ity groups, that's why I did that question and I think that it is very im- portant to point out that these people are able to serve the black community because they are very accessible and most of the Spanish speaking community and the Anglo community, they are in a central location for that purpose. Mayor Ferre: I for one, we're not going to be deciding anything today, Mr. Manager, but let me express my opinion. I think that this is a hard- working honest sincere community based group. On several occasions in the past I have seen Ura overcome problems in the community and deal with black Allapattah and white Allapattah and come to agreements and function. Now, I do not perceive, for whatever reasons may be, that that hot meals program is serving the total community. Now, part of it is, you know how these things happen, and I've seen the Wynwood - black folk walk in and they don't see other black folk and they don't, you know the food is rice and beans and something else and they don't feel that they're welcome there and they just don't come back. So we're going to have to kind of look at the overall total picture here and I think that what I would like to recommend to you, Mr. Gary, is that you study this and find a way how in working with the community we can expand the base of that hot meals program and how we can move out of the County building where they're sticking it to us by charging us a rent, DEC 101981 and I would rather spend that money in more hot steals and utilize that fire station across from it. Now. I have been to that fire station, it ' is a very large fire station and I do not think that they could success- fully use that fire station just for their hot meals program, I think it is just too big for that. So we need to look and see what other commun- ity based organizations we could place in that. I think you need to have somebody address it and come back to the Commission. Mr. Pierce: I just wanted to say for the record that that is one station of those that we're talking about that the Fire Department is still using. Mayor Ferre: Yes, I realize that the Fire Department is still using it. Have you been there, Walter? Mr. Pierce: 'No, I haven't been inside of it. Mayor Ferre: :I have, and I want to tell you that the Fire Department's use of it could be put into one corner which would be one tenth of the size of that station. It is a big big station... Mr. Pierce: We'll check into it more thoroughly, Mr. Mayor. Mayor Ferre: I've walked in there three or four times in the last four or five months since I've been through something called a campaign and believe me I've walked by there and I stopped just to walk in and look and see what was going on. The three times that I stopped during my campaign I never found more than one person in that building, never. Mr. Rodriguez (As translated by Mr. Odio): Mr. Mayor, I want to ask you that the participants no longer are going to eat there, they are going to use various rooms to give them classes of different types, citizens classes, English classes, ceramics, it won't be only hot food that they're planning to give them there. Please recognize that the fire station is not that big, that really that is not that large of a station for what they plan to use it for. Mayor Ferre: All right. Mr. Armando Prieto: My name is Armando Prieto, I'm the dog catcher of Alla- pattah, I catch all the dogs, so I know what I'm talking about. Everybody is talking about hot meals and everybody is talking about location and about this and that. You know, I'm more concerned about the 200 and more senior citizens that every day go not only to have a hot meal but to have activit- ies, something that will actually bring them back, to keep them alive. And as you know, I have many occasions where I've found people that they did not want to participate because they felt that it was not good for them to go out of the house. Once I encouraged them to participate, those people in the morning, they get up, dress up and it is a new life for them. And the problem that we have right now is lack of space where we are. That's the whole argument, lack of space. Mayor Ferre: Mr. Prieto, we're not going to solve it tonight. I've got to catch an airplane, I've got to leave in 20 minutes, we've got about 10 or 15 other items. Mr. Prieto: I'm sorry to take your time, Mr. Mayor. Mayor Ferre: No, I want to give you time but I want to give others time too and so what.I think we need to do is close the discussion now unless you have something very specific you want to add. UNIDENTIFIED SPEAKER: Well, it is also a request for use of the fire stations, if I could just give you this I'll speak swiftly. Mayor Ferre: Fine. UNIDENTIFIED SPEAKEk: Thank you. Mr. Mayor, Commissioners, the Bi-Lingual Private School Association, BIPRISA as a non-profit Florida Corporation would like to apply for administrative office space from the City of Miami. The City currently has fire stations that are not being used to their full poten- tial. We believe that an organization such as BIPRISA could better serve the citizens of Miami if we had facilities to accomtodate the needs of our ever- increasing list of schools. a Mayor Ferre: Ms. Ross, I'm sorry, you're reading a statement, I will accept 92 .. .. it into the record, we're not going to decide anything today. Ms. Ross: Thank you, we are requesting 1,000 square feet of administrative office space. Mayor Ferre: And will the Manager amongst all the other groups that are re- questing space take this one into consideration? And we will notify you and we will be back and discuss this in the future. Ms. Ross: Thank you. Mayor Ferre: Anybody else on this issue? 44. ,'APPOINT FIRM OF LAVENTHOL AND HORWATH AS CONSULTANTS TO PREPARE SCHEDULE OF RENTS, RATES, FEES & CHARGES FOR SERVICES FURNISHED FOR.THE CONVENTION CENTER GARAGE. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 81-1041 A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPOINT THE FIRM, LAVENTHOL AND HORWATH, AS CONSULTANTS TO PREPARE 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/GARAGE OF THE CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT INTER- NATIONAL CENTER; SAID FIRM'S APPOINTMENT TO BE CARRIED OUT IN ACCORDANCE WITH COMPENSATION NOT TO EXCEED $11,250 WHICH SUM INCLUDES EXPENSES, AND USING FUNDS THEREFOR FROM BOND SALE PROCEEDS. (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 Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. n� DcC 10 9,81 y 45. CONSENT AGENDA: ; :.A 4 . ... .. .7_�_Y� ..w ..�.�� ..Z• • ..._a ... _ •' _ .. .. �.. Mayor Ferre: Is there anyone here who wishes to speak to any item on the Consent Agenda? Hearing no objector, is there a motion on the Consent Agenda, Items 45 through 507 The following resolutions were introduced by Commissioner Dawkins, seconded by Commissioner Perez and passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. 45.1 BID ACCEPTANCE: PITMAN PHOTO, INC. FOR PHOTOGRAPHIC SUPPLIES. RESOLUTION NO. 81-1042 A RESOLUTION ACCEPTING THE BID OF PITMAN PHOTO, INC. FOR FURNISHING PHOTOGRAPHIC SUPPLIES AS REQUIRED CITY WIDE ON A CONTRACT BASIS FOR ONE YEAR FROM DATE OF AWARD AT A TOTAL ESTIMATED COST OF $79,224.00; ALLOCATING FUNDS THEREFOR FROM THE 1981-82 OPERATING BUDGET; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDERS FOR THESE MATERIALS. 45.2 BID ACCEPTANCE: VARIOUS SUPPLIERS FOR FURNISHING AMMUNITION TO THE DEPARTMENT OF POLICE AT A TOTAL COST OF $76,846.20. RESOLUTION NO. 81-1043 A RESOLUTION ACCEPTING THE BIDS OF AMERICAN PISTOL BULLET AT A TOTAL COST OF $1,079.50, BUFFALO ROCK SHOOTERS SUPPLY AT A COST OF $47,699.55, HARRIS HOUSE GUN AND AMMO AT A COST OF $2,400.00, MASZKS WORKSHOP, INC. AT A COST OF $18,396.75, SOUTHERN GUN DISTRIBUTORS AT A COST OF $2,317.40, 3-D INVEST- MENTS, INC. AT A COST OF $1,653.00, AND ZERO AMMUNITION CO. AT A COST OF $3,300.00 FOR FURNISHING AMMUNITION TO THE DEPART- MENT OF POLICE; AT A TOTAL COST OF $76,846.20; ALLOCATING FUNDS THEREFOR FROM THE 1981-82 OPERATING BUDGET OF THAT DEPART- MENT; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDERS FOR THESE MATERIALS. 45.3 AUTHORIZE CITY MANAGER & CITE CLERK TO EXECUTE QUIT CLAIM DEED CONVEYING 10 FOOT STRIP TO 1690 SOUTH BAYSHORE LANE INC.. RESOLUTION NO. 81-1044 A•RESOLUTION AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE A QUIT CLAIM DEED CONVEYING TO THE 1690 SOUTH BAYSHORE LANE INCORPORATED THAT CERTAIN TEN (10) FOOT STRIP LYING BETWEEN LOTS 3 AND 4 IN BLOCK 3 OF FAIRVIEW (4-176). a es-i-, � • �v -I. 45.4 BID ACCEPTANCE: JOE REINERTSON EQUIPMENT CO. WYNDWOOD C.D. PAVING PROJECT - PHASE VI, BID W. RESOLUTION NO. 81-1045 A RESOLUTION ACCEPTING THE BID OF JOE REINERTSON EQUIPMENT CO. IN THE PROPOSED AMOUNT OF $98,401.25, BID "B" (DRAINAGE) OF THE PROPOSAL, FOR WYNDWOOD C.D. PAVING PROJECT - PHASE VI; WITH MONIES THEREFOR ALLOCATED FROM THE "HIGHWAY G.O. BOND FUND" IN THE AMOUNT OF $98,401.25 TO COVER THE CONTRACT COST; ALLO-CATING FROM SAID FUND THE AMOUNT OF $10,824.75 TO COVER -THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE; ALLOCATING FROM SAID FUND THE AMOUNT OF $4,080.00 TO COVER THE INDIRECT COST; AND AUTHORIZING THE CITY MANAGER TO i}ECUTE A CONTRACT WITH SAID FIRM. 45.5 BID ACCEPTANCE: GOLDEN EAGLE ENGINEERING CONTRACTORS, INC. - WYNDWOOD C. D. PAVING PROJECT - PHASE VI, BID "A". RESOLUTION NO. 81-1046 A RESOLUTION ACCEPTING THE BID OF GOLDEN EAGLE ENGINEERING CONTRACTORS, INC. IN THE PROPOSED AMOUNT OF $248,076.50, BID "A" (HIGHWAY) OF THE PROPOSAL, FOR WYNDWOOD C.D. PAVING PROJECT - PHASE VI; WITH MONIES THEREFOR ALLOCATED FROM THE "FEDERAL COMMUNITY DEVELOPMENT BLACK GRANT" IN THE AMOUNT OF $125,000.00 TO PARTIALLY COVER THE CONTRACT COST; WITH MONIES THEREFOR ALLOCATED FROM THE "CAPITAL IMPROVEMENT FUND" IN THE AMOUNT OF $123,076.50 TO COVER THE REMAINDER OF THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $27,288.50 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $4,960.00 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE; ALLOCATING FROM SAID FUND THE AMOUNT OF $5,700.00 TO COVER THE INDIRECT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. 45.6 BID ACCEPTANCE: F.R.E. CONSTRUCTION CO., INC - S.E. 4TH STREET PAVING PROJECT. RESOLUTION NO. 81-1047 A RESOLUTION ACCEPTING THE BID OF F.R.E. CONSTRUCTION CO., INC. IN THE PROPOSED AMOUNT OF $147,698.99, TOTAL BID OF THE PROPOSAL, FOR S:E. 4TH STREET PAVING PROJECT; WITH MONIES THEREFOR ALLO- CATED FROM THE "HIGHWAY G.O. BOND FUND" IN THE AMOUNT OF $147,698.99 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $14,283.01 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $2,000.00 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABOR- ATORIES, AND POSTAGE; ALLOCATING FROM SAID FUND THE AMOUNT OF $6,018.00 TO COVER THE INDIRECT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. •jri�0" � 46. EXPRESS INTENT OF THE CITY TO COMPLY WITH STATE OF FLORIDA _ STANDARDS REGARDING EROSION, ENVIRONMENTAL AIR & WATER QUALITY STANDARDS IN ALL CONSTRUCTION PROJECTS-LATIN QUARTER EDA PROJECT. I. Tfid following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 81-1048 'A RESOLUTION EXPRESSING THE INTENT OF THE CITY OF MIAMI TO COMPLY WITH THE STATE OF FLORIDA STANDARDS REGARDING EROSION AND.'ENVIRONMENTAL AIR AND WATER QUALITY STANDARES IN ALL CON- STRUCTION AND SUB -PROJECTS THAT ARE A PART OF THE LATIN QUARTER E.D.A. GRANT 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. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. 47. EXECUTE AMENDMENT TO AGREEMENT: MEDIA II, INC. - ADVERTISING FOR TRADE & COMMERCE DEVELOPMENT. Mayor Ferre: Who is Media Department II, Inc.? Mr. Julio Castano: Mr. Mayor and Commissioners, my name is Julio Castano, the Director of the Department of Trade and Commerce. Media Department, Inc. is the agency of record for advertising and promotion for the City, it was selected last year through a process of normal agency selection and you ap- proved it. Mayor Ferre: Was this the agency that did the advertising for the minority recruitment in the Police Department? Mr. Castano: No, sir, it's no relation whatsoever, it's economic development. Mayor Ferre: I see. Who are the people that are involved in this? Mr. Castano: Ken Kuen is the President of the company. Mayor Ferre: Are you recommending this? Mr. Castano: The principle reason, Mr. Mayor, is because we're probably going to join in the coalition with the County and we want to go into the coalition with an agency of record. Mayor Ferre: And Mr. Manager, you're recommending this? Mr. Gary: Yes, sir. Mayor Ferre: Is there a motion on this? Moved by Dawkins, seconded by Perez, further discussion? Call the roll. Z V � f• � / r ^ A The following resolution was introduced by Commissioner Dawkins, whg. moved its adoption: RESOLUTION NO. 81-1049 A RESOLUTION A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, TO THE MAY 13, 1980 AGREEMENT, AS AMENDED, BETWEEN THE CITY AND MEDIA DEPARTMENT II, INC. EXTENDING SUCH AGREE- MENT FOR AN ADDITIONAL PERIOD OF (9) NINE MONTHS FOR THE PURPOSE OF CONTINUING TO HAVE THE MEDIA DEPARTMENT II, INC. SERVE AS THE EXCLUSIVE ADVERTISING AGENCY OF RECORD FOR THE CITY'S DEPARTMENT OF TRADE AND COMMERCE DEVELOPMENT, WITH FUNDS THEREFOR ALLOCATED FROM DEPARTMENTAL BUDGETED FUNDS. (Here follows body of resolution, omitted here and on file irr*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 Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. 48. CONFIRM ASSESSMENT ROLL: MANOR SANITARY SEWER IMPROVEMENT SR-5437-C. The Mayor asked if there were any objectors to Item 54. NO OBJECTORS APPEARED. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 81- 1050 A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF MANOR SANITARY SEWER IMPROVEMENT IN MANOR SANITARY SEWER IM- PROVEMENT DISTRICT SR-5437-C (centerline sewer) AND REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT NOT HEREBY CERTIFIED. (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 Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. "1 `"� DE"' 49. AUTHORIZE CITY CLERK TO ADVERTISE FOR SEALED BIDS: IL, CONSTRUCTION OF KOUBEK SANITARY SEWER SR-5477-S. The Mayor asked if there were any objectors to Item 55. NO OBJECTORS APPEARED. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 81-1051 A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 81-685 AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR THE'CONSTRUCTION OF KOUBEK SANITARY SEWER IMPROVEMENT IN KOUBEK SANITARY SEWER IMPROVEMENT DISTRICT SR-5477-C (CENTER- LINE SEWER). (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 Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. 50. AUTHORIZE CITY CLERK TO ADVERTISE FOR SEALED BIDS: CON- STRUCTION OF KOUBEK SANITARY SEWER IMPROVEMENT SR-5477-S. The Mayor asked if there were any objectors to Item 56. NO OBJECTORS APPEARED. The following resolution was introduced by Commissioner Carlllo, who moved its adoption: RESOLUTION NO. 81-1052 A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 81-686 AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR THE CONSTRUCTION OF KOUBEK SANITARY SEWER IMPROVEMENT IN KOUBEK SANITARY SEWER IMPROVEMENT DISTRICT SR-5477-S (SIDE- LINE SEWER). (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 Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. Q4J .. ' i ;�.'1 DE-G ; ��1 51. CLAIM SETTLEMENT: BILLY PRITCHETT. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 81-1053 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO BILLY PRITCHETT THE SUM OF SEVENTEEN THOUSAND DOLLARS ($11,000) PLUS THREE THOUSAND THREE HUNDRED DOLLARS ($3,300), AS ATTORNEY FEES AND COSTS, IN FULL AND COMPLETE SETTLEMENT OF ALL WORKERS' COMPENSATION CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON EXECUTION OF A RELEASE, RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS, PURSUANT TO THE PROVISIONS OF CHAPTER 440, FLORIDA STATUTES. (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 Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. 52. AUTHORIZE ADDITIONAL SALE OF 200,000 YARDS OF FILL FROM VIRGINIA KEY SUBJECT TO PAYMENT OF PREVIOUS SALE. Mayor Ferre: All right, Mr. Grimm has an item which seems to be important, the Port of Miami. In November we sold 150,000 yards of fill from Virginia Key at $1.50 per cubic yard, they are now requesting that we sell them an additional 200,000 cubic yards, I assume at the same $1.50, that's $300,000. Mr. Grimm: Yes. Mayor Ferre: Did they pay cash? Mr. Grimm: Well, they haven't paid yet, Mr. Mayor, but they're working up their invoice right now. The answer is yes. Mayor Ferre:' Well, I'll tell you, the only way I would vote for this is when we get the check for thq first $225,000. Mr. Grimm: Well, I just hung up the phone with Mr. Lunetta and he assured me the check was on its way. Mr. Carollo: we'll vote on it, conditional of getting it. In other words, not a single truck leaves until we get paid for the first load. Mayor Ferre: Is $1.50 a proper price? Mr. Grimm: We took competitive bids with $1.50 a minimum yard, we got absolutely no bidders, I think it is a very good price: Mayor Ferre: Okay. Qgr (11 -% d yr --%t Mr. Gary: Mr. Mayor and members of the Commission, remember they have the same type of process that we have in terms of getting payments and going through procedures. Mayor Ferre: They also have a tradition of not paying the City of Miami. I'm talking about Metropolitan Dade County. What does that ad say, "Promise them anything but give them Arpege"? Or Taboo or whatever it is, and that's what they give us is Taboo. So I think the motion, is there a motion on this? Mr. Carollo: Yes, it's a motion that it is approved conditional upon them paying for the first one. Mayor Ferre:, And Mr. Manager, this has your recommendation? Mr. Gary: Yeppt, sir. The following motion was introduced by Commissioner Carollo who moved its adoption: MOTION NO. 81-1054 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO SELL AN ADDITIONAL 200,000 CUBIC YARDS OF FILL FROM VIRGINIA KEY TO METROPOLITAN DADE COUNTY CONDITIONED UPON PAYMENT HAVING BEEN RECEIVED BY THE CITY FOR THE FILL SOLD TO METROPOLITAN DADE COUNTY PREVIOUSLY. 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. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. Mayor Ferre: You just found $300,000 that might be used for some of these things that we don't seem to have money for. Mr. Gary: And the Conference Convention Center in the budget deficit this year. Mayor Ferre: I see, Okay. f 100 0EC 10 1981 53. DISCUSSION ITEM: STUART SORG PROPOSALS FOR VISITING SHIPS, HYDROFOIL OPERATIONS, ETC. Mayor Ferre: Mr. Sorg, with our apologies for making you wait all day, go ahead. Mr. Stuart Sorg: Stuart Sorg, Chairman of the City of Miami's Waterfront Board, acting on a letter of August the 4th from the City Manager regarding the Florida Boating Improvement Act, I've had an opportunity to research the distribution of funds that comes down to the City from the State of Florida, I find that there is a rebate system when you buy a decal for your boat the funds go to the State, the State then rebates those funds to the County. 65% of the boats that are registered in the County are housed in the City of Miami. It looks like to me the County owes us a little over $1,100,000 in past due revenues. Now, if it is within the purview of the City Commission, I would like to pursue this at the County level and take it on up to the Legislature and get that Act changed so we can see about getting some portion of these funds on a regular basis and make it more equitable. Mayor Ferre: I don't think we're ever going to get the money because that's the way they work. Only when they need do they... So I think it would be unfair for us to hold up the progress of the Seaport of Miami but I think it is important, Mr. Gary, that you write a letter to the County Manager and tell him that we think we we're owed some money on that, that they've been keeping it and that we would like for them to cooperate with us a little bit better. Mr. Gary: Mr. Mayor, on behalf of the City Commission I wrote County Manager Steirheim a letter stating those things, he answered it saying that they plan to use the money, they are presently using the money and because of the expanded demand for waterfront they plan to keep the money and do it them- selves. Mayor Ferre: Yes, but not in the City of Miami, of course. Mr. Gary: Obviously. Mr. Sorg: What we need to do is to pursue it at the Legislative level right now. Mayor Ferre: Or perhaps maybe we ought to, do you recommend that we hold up some of this fill that they need so badly? Could we get their attention? Mr. Gary: No, sir, because we're talking about getting money that far ex- ceeds the amount of money that they owe us plus we're really selling them back their own fill. Mayor Ferre: Okay. Mr. Sorg: Shall we pursue it at the Legislature to change the law? Mayor Ferre Absolutely. Mr. Sorg: May I have your permission to do that? Mayor Ferre: Do you concur with that? Do you concur with that, Joe? Demetrio? Absolutely. Mr. Carollo: I think Rick Sisser should be informed of that immediately so he could act on it. Mr. Sorg: I'll work it with him. Mayor Ferre: All right, Stuart, what else have you got? I've got 6 minutes left. Mr. Sorg: The next thing is we're talking in terms of bringing Naval vessels into the Port of Miami along the bulkhead that is going to be allocated to 141 ZIP the Maritime Museum. Now, my concern is that I think the City ought to maintain a portion of that bulkhead, a $500,000 to $1,000#000 in revenue can be coming to the City merchants on any one vessel visiting the City and the City ought to act to bring in Naval vessels and we should do this on a regular basis and we should appeal Cinclandflt and Suflanflt for a regular scheduled Naval vessel in the City. That means those sailors would get off those vessels and go right into downtown Miami which would generally boost the economics of that entire area and I would like to recom- mend that we pursue bringing Naval vessels into the City of Miami to berth along the bulkhead right at Bayfront Park. I think the City Manager had said something about $5,000 in equipting it, I think we need to pursue that and I'd like to do that, Mr. Mayor. I would like to pursue bringing Naval vessels in here. It means a tremendous economic input to the downtown mer- chants, a million dollars can be brought in in one liberty call in one week- end. Mayor Ferre: .Z think that is very positive thinking and the type of thinking we ought to be doing as is your idea on the Hydrofoil. So what do you need from us? Mr. Sorg: I just need your permission to pursue it with the Cinclandflt and the Suflandflt Fleet. Mayor Ferre: Do you have any problems with that? Joe, do you have any problems? Do you? Well, you have the concurrence of four members of the Commissision to proceed on all those things you mentioned. Mr. Sorg: All right, one other thing, I wanted to show you a hydrofoil, we are in the process now of getting the cost to truck into Miami a 20 passenger hydrofoil which will run on Biscayne Bay for a two months trial period. I want no money from the City whatsoever, I hope I can do this from private industry. I think the spirit of the City of Miami is in its people and its communities working together, this hydrofoil can be the biggest image development that the City would have. I think it would magnificent for us, Norwegian Carribean lines is also interested in it, I'm talking to them. Nothing would be greater than to have the hydrofoil at this particular time running back and forth up and down Biscayne Bay. So, with your permission, I would like to pursue to bring the hydrofoil into the City of Miami to run from Dinner Key to Miamarina. Mayor Ferre: Well, as I told you before, I am fully supportive, I think it is a great idea. Mr. Sorg: Do I have the rest of the Commission's support on that? Mr. Dawkins, Joe? Mayor Ferre: Do you have problems with the hydrofoil? Mr. Carollo: No, I don't have any problems, on the contrary. Mr. Sorg: The last item that I'd like to bring up is that I would like to take the opportunity on the January agenda to clear as close as possible the name of Bob Traugott who I feel has been unjustly criticized for the manage- ment of Biscayne Recreation. I feel very strongly in changing the manage- ment and I'd like to aderess this from a very strong position in January. Mayor Ferre: In January you'll have the opportunity to do that. log P DEC 1 � Z) ci I wr 54. WAIVE RENTAL FEE FOR USE OF COCONUT GROVE EXHIBITION CENTER FOR TESTIMONIAL RECEPTION FOR FATHER THEODORE R. GIBSON. Mr. Dawkins: Mr. Mayor, I'd like to bring Item 65 up. We had said that we would not waive fees for the use of City properties and I have to be the first one to request such a waiver. The reason I'm asking that is..... But we are desirous of having not a testimonial dinner but a testimonial of apprec- iation for Theodore Gibson and it was a group of individuals got together and said that'we found some sponsors who will provide hors d'oeuvres and wine we could provide the building. So this will be an affair where it is free, all members iR the community will be able to come and pay hommage to the gentleman, those who can spend $100 a plate are just as welcome as the indi- viduals who can come free. So I am requesting permission to waive the cost of the building for that one night. Mayor Ferre: There is a motion. Mr. Carollo: Second. Mayor Ferre: Further discussion? And I think, that you all know, Father Gibson is not in good health and we all wish him the very very best and God bless him and I think it is important for us to pay tribute to him, he did serve this community for many many years. So with that, call the roll, please. The following motion was introduced by Commissioner Dawkins who moved its adoption: MOTION NO. 81-1055 A MOTION TO WAIVE THE FEES FOR THE RENTAL OF THE COCONUT GROVE EXHIBITION CENTER ON DECEMBER 14, 1981 FOR A TESTIMONIAL RECEPTION IN HONOR OF REVEREND CANON T. R. GIBSON. 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. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. 103 �; ~ r 55. WAIVE RENTAL FEE FOR USE OF BAYFRONT PARR AUDITORIUM: LITTLE HAVANA ACTIVITIES & NUTRITION CENTERS OF DADE COUNTY. , Mayor Ferre: Now we also have the Senior Centers Christmas Party which we have always waived. UNIDENTIFIED SPEAKER: Excuse me, it's not the Senior Centers, Mayor, it is the Little Havana Activity and Nutrition Centers of Dade County. Mayor Ferre: As I see it in my memorandum here, it is called the Senior Centers Christmas Party. Now you tell me it's not, but what is the name of it again? UNIDENTIFIED SPEAKER: Little Havana Activities and Nutrition Centers, they are senior centers. Mayor Ferre: okay, now is this for all the senior centers? How many senior centers are involved in this? UNIDENTIFIED SPEAKER: About 10 centers, about 2,000 elderly people. Mayor Ferre: And these are black and white, Latin, Anglo and everybody, right? UNIDENTIFIED SPEAKER: Everybody. Mayor Ferre: And that includes Coconut Grove? UNIDENTIFIED SPEAKER: It includes Coconut Grove, it includes Little Havana, it includes the centers in Little Haiti. Mayor Ferre: I'm just asking. Is there a motion? It has been moved and seconded that the Bayfront Park Auditorium, that the rent of $1,400, tables of $49.50, chairs $150, Insurance $45, personnel $130.22. What is that personnel stuff? UNIDENTIFIED SPEAKER: The stage hands that set up the tables and the stage and will be around to help out. Mayor Ferre: The total amount that this is costing the City of Miami is $2,030.02, is that correct? UNIDENTIFIED SPEAKER: That's correct. The following motion was introduced by Commissioner Carollo who moved its adoption: MOTION NO. 81-1056 A MOTION WAIVING THE RENTAL FEE FOR THE USE OF BAYFRONT PARK AUDITORIUM ON DECMEBER 13, 1981 FOR THE LITTLE HAVANA ACTIVIT- IES AND NUTRITIONS SENIOR CENTERS. 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. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. UNIDENTIFIED SPEAKER: And I would like to invite you all to come on Sunday at 11 O'clock to our Christmas party for the elderly. 104 DEC 101981 q 56. WAIVE RENTAL FEE FOR USE OF COCONUT GROVE EXHIBITION CENTER: DADE DEMOCRATIC 1982 CONVENTION. Ms. Mary Woods: I'm Mary Woods, 1270 N.W. 171st Street. As chairperson of the Dade Democratic Convention 1982, I am requesting fee waiver for the use of Dinner Key Auditorium on February 27th. Mayor Ferre: Now, Mary, I'm all for you but we've got a couple of Republicans out here andI need to understand.... Ms. Woods: Twill have no problem with Republicans getting in -kind..... Mayor Ferre: Are you going to second it? Mr. Carollo: Is this Democrats? Mayor Ferre: Yes, now I want you to understand..... Mr. Carollo: Well, I hope the Democrats appreciate it from a Republican. Ms. Woods: Thank you very much. Mayor Ferre: Is there any further discussion on this? Now, I want you to know, Joe, that they may be bringing some very liberal people down, they're not coming in I don't think from Jamaica or..... Mr. Carollo: Well, we'll just help welcome them to the City of Miami like we did with Manley, right? The following motion was introduced by Commissioner Perez who moved its adoption: MOTION NO. 81-1057 A MOTION GRANTING A REQUEST MADE BY REPRESENTATIVE OF THE DEMOCRATIC CONVENTION FOR WAIVER OF THE RENTAL FEE FOR USE OF DINNER KEY AUDITORIUM ON FEBRUARY 27, 1981 IN CONNECTION WITH THE "DADE DEMOCRATIC - 1982 CONVENTION. 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. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. Mr. Carollo: Incidentally, before I became a Republican I was the former State Chairdan of the College of Democrats. Ir 57. FORMALIZING RESOLUTION: CHANGE MEETING DATE TO DECEMBER 15, 1981. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 81-1058 A RESOLUTION RESCINDING RESOLUTION NO. 81-993, ADOPTED NOVjMBER 19, 1981, AND RESCHEDULING THE REGULAR CITY COM- MISSION MEETING OF DECEMBER 17, 1981 TO TAKE PLACE ON DECEMBER 15, 1981, AT 9:00 A.M. (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 Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. 58. WAIVE ONE-HALF RENTAL FEE FOR USE OF MIAMI BASEBALL STADIUM: CUBAN ASSOCIATION OF BASEBALL PLAYERS. Mr. Carollo: Mr. Mayor, one more item real quickly. The Federation of Ex - Cuban Baseball Players is requesting a waiver fee, half of a waiver fee on the rental and use of the Miami Baseball Stadium for this Sunday. It is an annual game they have every year and the..... Mayor Ferre: How much is that, Joe? Mr. Carollo: Well, it is a waiver fee of half of the rental of the Baseball Stadium, I don't know how much it is. $1,0007 Mayor Ferre: Are you moving it up to $1,0007 Mr. Carollo: I'm moving it, it says it's about a thousand dollars, so half of it. The following motion was introduced by Commissioner Carollo who moved its adoption: MOTION NO. 81-1059 A MOTION WAIVING ONE HALF (�) OF THE RENTAL FEE FOR THE USE OF THE MIAMI BASEBALL STADIUM BY THE CUBAN ASSOCIATION OF BASEBALL PLAYERS ON DECEMBER 13, 1981. 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. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. 106 DEC 10 IWO 59. AMEND PRIOR MOTION REGARDING CONGRESS OP LATIN AND AMERICAN CARIBBEAN MUNICIPALITIES BY ADDING THE DOLLAR AMOUNT $50,000. Mr. Perez: Mr. Mayor, here is the President of the Inter -American Chamber of Commerce. The Commission approved on October 22nd a motion about a con- gress or Latin American Municipalities but that motion didn't specify the amount that was approved. The President of the Inter -American Chamber of Commerce says that they approved for $50,000. Mayor Ferre: .•No, if you look at the brochure itself, the Manager..... Mr. Ongie, you'd better listen to this. This is a resolution. Okay, I know what this is about. This is a resolution approving in principle a congress for a Latin-American Caribbean Municipalities. Okay? And that was approved but it doesn't specify the amount of money involved. But if you will look at the brochure in your file, you will see that $50,000 was the amount that was specified and since this is not clarified, I think what Mr. Perez is doing is making sure that it is understood that this resolution had that clarification. Do you want to make it in the form of a motion, that that is the clarification of that? The following motion was introduced by Commissioner Perez who moved its adoption: MOTION NO. 81-1060 A MOTION AMENDING THE TITLE OF M-81-918, PASSED AND ADOPTED ON OCTOBER 22, 1981, BY SPECIFYING THE EXACT AMOUNT REQUESTED BY THE "CONGRESS OF LATIN AMERICAN & CARIBBEAN MUNICIPALITIES" ($50,000), WHICH REQUEST WAS APPROVED IN PRINCIPLE AND REFERRED TO THE CITY MANAGER FOR STUDY AND RECOMMENDATION. 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. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. ff 107 1) 60. ALLOCATE $25,000 TO RESTORE ONE POSITION IN THE MAYOR'S OFFICE. Mr. Carollo: Mr. Mayor, one last motion that I have to make. I do understand that you all have been short one position in your office, I know some of your girls have been terribly overworked up there so I would like to make a motion... Mayor Ferre: And let me explain that, Joe, if I may. At the last budget hear- ing process we had cut out $25,000 and we have just found out that there is no way we can do without that position so we're adding it back on again. Thank you for that motioh. Mr. Carolloe I would like to make a motion to expand the budget to an addi- tional $25,000 for the Mayor's Office. The following motion was introduced by Commissioner Carollo who moved its adoption: MOTION NO. 81-1061 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO IN- CREASE THE ALLOCATION TO THE MAYOR'S OFFICE IN AN AMOUNT NOT TO EXCEED $25,000, IN ORDER TO RESTORE ONE POSITION PREVIOUSLY VACATED IN THAT OFFICE. 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. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. Mayor Ferre: May I for the record specify that this goes back to the budget that I had last year in the Mayor's Office, all that is is replacing what had been cut because we just cannot do without that position. Mr. Carollo: And just one clarification, I don't think we need to make ez resclutic.n of this, but Mr. Gary, in the memorandum for City advertisement in the three papers that we had approved last, a few months ago, I just wanted to clear up that I think we discussed it a few minutes ago, that that does not preclude the City Clerk's Office from advertising in the Miami Review. Mr. Gary: Yes, sir. Mayor Ferre: Well, I think the matter is a lot more serious than that. See, what it says is that what we've been doing is only advertising in the Miami Review and by us now going to the Miami News, Diario and the Miami Herald are expensive, they've gone up tremendously, is that correct? Mr. Gary: Yes, sir, there are two purposes. Obviously, it didn't get down to staff that we should not be advertising in the papers other than those so this is to officially notify them not to advertise in papers other than those. Also, the City Clerk finds that in certain advertisements it is less expensive to do it in the Miami Review. However, in other advertise- ments like C.D. meetings, public hearings, we do it other than the Miami Review and we will continue to do those in the Miami News. Mayor Ferre: So we're Okay now. Mr. Gary: Yes, sir. Mayor Ferre: But I want to tell you, Mr. Ongie and you, Mr. Manager, for example, this Commission went on record in October to tell you not to ad- vertise any more in Replica and two . wfieks ago... -g DEC y 1931 R r Mr. Carollo: In Patria. It never stopped, Mr. Mayor. Mayor Ferre: And they never stopped. Now, you've got to follow the instruct- ions of this Commission. Mr. ongie: Sir, I don't do that advertising, our office has never placed.... Mayor Ferre: Well, who is doing that? Mr. Ongie: Some other City departments, but the City Clerk's Office does not. Mayor Ferre: Mr. Manager, I want that stopped today, not tomorrow. Mr. Gary: That's why you have the second memo, this has gone out to all departments informing them that they are not to. t 61. WAIVE RE14TAL FEE FOR USE OF BAYFRONT PARK AUDITORIUM - MISS MIAMI PAGEANT. Mr. Robert Burlington: Mr. Mayor, I'm here on Item 59. This is the Miss Miami Pagent which is 'sponsored by the Greater Miami Jaycees. I'm Bob Burling- ton of 1401 Brickell Avenue. Mayor Ferre: Does this have your recommendation, Mr. Manager? Mr. Burlington: we had requested a fee waiver for use of part of the Bayfront Auditorium and also requesting the allocation of $1,000 to help the Jaycees put on the pageant this year. This is a scholarship pageant, last year the Greater Miami Jaycees lost $3,000 on the pageant, $1,500 of that going towards the scholarship for the first place and second place winner. Mr. Dawkins: I move that we waive the fee and that's it. Mayor Ferre: All right, it's only for the waiver of the fee. Mr. Carollo: What is the additional thing that you need? Mr. Burlington: $1,000, this is a scholarship pageant for first and second place. Last year's winner, Karen Whalen, is using the scholarship she received last year to attend Juliard School of Music and the second place winner is using her scholarship..... Mr. Carollo: So you want us to provide that scholarship? Mr. Burlington: Not entirely, the Jaycees are going to contribute, we would like to increase the amount of the scholarship because of the cost of tuition increases. Mr. Carollo: So you're asking an additional $1,000 from us for that? Mr. Burlington: Yes, sir. In the past we have received $750 from the City. Mr. Dawkins: My fraternity has a scholarship dance every year and I would hope that we would not open up the flood gates here where everybody who comes in here who is going to give a scholarship, that we're going to give them $1,000 toward their scholarship. If we are, fine but let's have a standard procedure. Mr. Burlington: I think Miss Miami represents the City of Miami in the Miss Florida Pageant..... Mr. Dawkins: So does the Omega Psi Phi Fraternity. Mayor Ferre: All right, there is a motion that we deal only with the waiver of the fee. Is there a second to that motion? All right, do you have any problems with that, Joe? Mr. Carollo: I just wanted to ask the Manager something, he partly gave me the answer. We have been doing this for the past few years, giving them $750? 109 DEC -1 ' •' s , c, Mr. Gary: Yes, sir, we have been waiving the fee and allocating $500. If I had to give a recommendation, it would be what we have done for them in the past and no more. Mr. Carollo: Has that been going towards the scholarship, the $500? Mr. Gary: Yes, sir. Mr. Burlington: Incidentally, in the past, we have not had the use of the City's auditorium, we've had to rent space, last year it was at the Ever- glades Ransom. Mayor Ferre: When is this coming up? Mr. Burlington: This is scheduled for February 7th. Mayor Ferre: Can we take it up in January? Mr. Burlington: We need to sell advertising in the brochure and we have to have a date to sell the merchants. Mr. Carollo: Wait a minute, you're saying that in the past you have not had the use of the City's auditorium? Mr. Burlington: That's correct. Mr. Parollo: So actually, we're giving you probably as much if not more than last year then by giving you a waiver fee then. Mr. Burlington: That's true. Mr. Carollo: I'm willing to go for the motion as is then and you might talk with some of the members of the Commission if you want to bring the other part back. The following motion was introduced by Commissioner Dawkins who moved its adoption: MOTION NO. 81-1062 A MOTION WAIVING RENTAL FEE FOR. USE OF BAYFRONT PARK AUDIT- ORIUM ON FEBRUARY 7, 1982 IN CONNECTION WITH THE "1982 MISS MIAMI PAGEANT" HELD BY THE MIAMI JAYCEES. 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. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. Z 110 DEC 0 19u1 62. APPROVE IN PRINCIPLE PROGRAM PRESENTED BY H.A.C.A.D. PROPOSED ALLOCATION TO HAITIAN AMERICAN COMMUNITY ASSOCIATION OF DADE. Mr. Rober Bienvie: My name is Roger Bienvie, executive director of the Haitian American Community Association of Dade. When we appeared before the Commission in October, the Commission instructed the City Manager to work with us in developing a program to help the Haitians in the Little Haiti community.: We met with the City Manager's staff and we presented a proposal that was on the agenda of the November 12th meeting and the ordinance 14 and 14 (A) was deferred and I'm appealing to this Commission to approve the project that the City Manager had recommended at the November 12th meeting. Mayor Ferree Mr. Manager? Mr. Gary: Mr. Mayor, if the City Commission agrees we feel that some assist- ance is needed in the Haitian community, particularly in view of the fact that the Federal Government has been discriminatory in terms of serving the Haitians and we support this program and would encourage the City Commission to approve it if they so desire. The following motion was introduced by Commissioner Dawkins who moved its adoption: MOTION NO. 81- 1063 A MOTION APPROVING IN PRINCIPLE A PROGRAM PRESENTED BY HACAD, AS OUTLINED IN FIRST AND SECOND READING ORDINANCE IDENTIFIED AS ITEM 14 ON THE NOVEMBER 12, AGENDA AND THE ATTENDANT RESO- LUTION IDENTIFIED AS AGENDA ITEM 14a (IN THE SAME AGENDA) BOTH REFERRING TO A PROPOSED ALLOCATION TO THE HAITIAN AMER- ICAN COMMUNITY ASSOCIATION OF DADE, INC. (HACAD); FURTHER INSTRUCTING THE CITY MANAGER TO BRING SUCH LEGISLATION BACK AT A FUTURE CITY COMMISSION MEETING FOR THE COMMISSION'S CONSIDER- ATION. 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. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. ill DEC 10 1981 63. SEND TO MEMORIAL COMMITTEE FOR RECOMMENDATION: PROPOSED RENAMING OF PORTION OF N.W. 2 AVE. IN HONOR OF EUGENIO MARIA DEOOSTOS Mayor Ferre: I would like to make a motion that the City of Miami send to the Memorial and Street Committee the idea of renaming a portion of Northwest 2nd Avenue from 29th to 36th Street as Ostos Boulevard in the name of the... of Eugenio Maria De Ostos. Alright, now, you recognize Mendez that this must be dealt'with by the Memorial Committee. We cannot arbitrarily do this. Mr. Mendez: .1 don't have any problem with that. Mayor Ferre: Yes, ok. Do you want to second it? Mr. Perez: Yes. Mayor Ferre: You want to call the roll, Joe. Call the roll. The following motion was introduced by Commissioner Ferre, who moved its adoption: MOTION NO. 81-1064 A MOTION OF THE CITY COMMISSION TO REFER AND SEND TO THE MEMORIAL AND STREET COMMITTEE A REQUEST FOR THE RENAMING OF N.W. 2ND AVENUE FROM 29TH TO 36TH ST. TO "EUGENIO MARIA DE OSTOS". Upon being seconded by Commissioner Perez, the motion was passed and adopted -by the following vote: AYES: Mr. Dawkins, Mr. Perez, Vice -Mayor Carollo and Mayor Ferre. NOES: None. ABSENT: Mr. Plummer. 64. GRANT ASSISTANCE N.T.E. $2,500 FOR COMMITTEE FOR CULTURAL DECLAMATION & ORATORIAL CONTEST Mr. Hahn: Mr. Mayor, I would like to address Item 64, a request for the Educational Declamation and Oratorial Contest. My name is James Hahn, I'm a representative for that committee. I think the City Manager has a letter addressed from me to him requesting assistance from the City of Miami in the amount of twenty-five hundred dollars for a presentation of awards and continuatiorl of this program in the City of Miami area. Mr. Dawkins: So move. Mr. Carollo: Ok, there is no money involved in this? Mr. Dawkins: Yes, twenty-five hundred dollars. Mr. Gary: Yes, there is money involved. This is a continuation of what we have been doing last year and the year before. Mr. Carollo: Ok, you recommend, Mr. Manager? Mr. Gary: Yes, sir. 112- DEC 1019g1 Mr. Carollo: Fine, so be it. Demetrio seconds, Miller makes the motion: Roll call, Mr. Clerk. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 81-1065 A MOTION GRANTING A REQUEST MR. JAMES HAHN, REPRESENTATIVE OF "COMMITTEE FOR CULTURAL DECLAMATION AND ORATORICAL CONTEST", FOR ASSISTANCE FROM THE CITY IN AN AMOUNT NOT TO EXCEED $2,500 FOR THE PRESENTATION OF AWARDS AND FOR CONTINUATION OF THIS CITY OC MIAMI PROGRAM. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote: AYES: Mr. Dawkins, Mr. Perez and Vice -Mayor Carollo. NOES: None. ABSENT: Mr. Plummer and Mayor Ferre. 65. DISCUSSION ITEM: HISPANIC WORLDS FAIR Mr. Carollo: Is there anything else that has to come before us? UNIDENTIFIED SPEAKER: Yes, Mr. Carollo. I represent the Hispanic Worlds Fair which has come to Miami. We now have offices here at 2050 Coral Way. We present the Hispanic Worlds Fair once a year at the New York Coliseum and we want to do so here in Miami. We have a proposal that we have left with the City Commissioners and with Mayor Ferre, proposing that the City of Miami buy one of our booths and also giving to them certain amenities. Now, I understand that we don't have much time today. What I would like right now, because this is something that has to be presented in total, to be placed on the agenda for Tuesday, December 15th. Mr. Carollo: Ok, I think that would be appropriate. Do you have any problems with that, Mr. Manager? Mr. Gary: No, sir. Mr. Carollo: Ok, that's fine. 66. DISCUSSION ITEM: SHOWMOBILE AT AROUND THE WORLD FAIR AT THE MUSEUM OF SCIENCE Mr. Carollo: Yes, Ma'am? Ms. Sharon Russell: Sharon Russell, Chairman of the 1982 Miami World Fair. We would like to request fee waiver for the snowmobile. The patrons are a group of hundred fifty-five women and... Mr. Carollo: Were you scheduled for today? Ms. Russell: Yes, #60. 113 DEC 10 i981 Mr. Dawkins: So move. Ms. Russell: Our revenue goes to support the Museum of Science and we are budgeted for over a hundred sixty thousand and it's tough this year... Mr. Carollo: It goes all to the Museum of Science? Ms. Russell: All our revenues go to the Museum of Science. Mr. Carollo: Ok, and how much of a waiver are you talking about in dollars? Ms. Russell: The total fee for the showmobile for the two days is four hundred thirty-nine dollars. I have the bill here. Mr. Carollo:' Mr. Manager? Mr. Gary: Well, you need to know... I think this is a Dade County facility. Ms. Russell: The museum? Mr. Gary: Yes, and this... Ms. Russell: I think it's open to everyone. Mr. Gary: well, no, let me finish. It's a function,.a facility and a program that is Dade County and it should be in their budget for them to finance that. You know, I would like to go to Dade County and ask them to help us... Ms. Russell: The problem is Dade County has a snowmobile, but they don't have any sound equipment large enough for Tropical Park for our fair. Mr. Gary: This is going to be outside of the County also and all we are asking is for Dade County to pay us... Mr. Carollo: It also, will be outside of the County. Why can't you get in touch with someone there ---I think you still have enough time ---and see if you can work something out with them and have somebody get a hold of our Manager and work something out. I'm.sure that with a sum that minimal the County shouldn't have any problem taking care of it. Can you do that? Ms. Russell: Sure, thank you. Mr. Carollo: If you have any problems get back to the Manager or... Thank you. 67. DISCUSSION ITEM: CLEAN UP CAMPAIGN Mr. Carollo: Anything else? Mr. Perez: Yes, I would like to ask the City t�.anager in reference to the clean up motion that we approved at the last meeting, I would like to know if we have 01 completed anything on that matter. Mr. Carollo: How did you understand? Mr. Gary: I'm sorry, sir. Mr. Perez: Mr. Manager, I would like to ask you about the clean up motion that we approved in the last meeting, I would like to know if we have completed anything on that matter. Mr. Gary: Ok, the... we are in the process Vice -Mayor and members of the Commission, of developing a short run solution to our trash problem and a long run solution. The short run solution can be done within the current budget of the Sanitation Department, but I would like to get your endorsement for us to go for a short period of time on a overtime pick uof trash, because we rhave a trash problem.{ v. We also came up with a long run solution which deals with the education of the people, time frames, penalties with regard to trash, as well as an alternative for the City Commission if they desire to go back to the schedule that we had before the cuts, but what I need right now is to seek your approval in expending approximately forty, fifty or sixty thousand dollars for overtime for Wednesdays and Saturdays for trash pick up. Mr. Carollo: Howard? Go ahead, Miller. Mr. Dawkins: The only problem I have is that my garbage pick up fee has tripled and my service has gone down two thirds. So, I would like for you to find a method of doing just what you said and if you would like to try it on a trial basis, what I would hope that and as Mr. Perez, said that I campaigned on a promise to get better garbage service, pick up service on the trash. So, by your doing this you are helping me and you are helping him and we would hope that... I would hope by the 15th me and you would have some kind of a plan that you can show and we could buy into. Mr. Carollo: Can you possibly do this... can you sit down with Commissioner Perez and go over more closely with him the proposal that he presented at the last Commission Meeting and working with him, then work out whatever budget you think is appropriate and then bring it before us at the next Commission Meeting so we can go ahead with it? Mr. Gary: Ok, Commissioners, the only problem, it's going to take me some time to develop a plan. I have read here and we have had some discussions about the short term solution and I think Commissioner Perez is in favor of this and he is bringing it up now so that we can now get your approval to go on a short term overtime basis of picking up trash. He is in support of that and we have read his plan and now we are doing the long term program which is what he is talking about. Mr. Carollo: Ok. Mr. Dawkins: See, but my problem is, it's Morningside, it's Allapattah... Mr. Carollo: It's city wide. Mr. Dawkins: It's city wide, so... Mr. Gary: Oh, no, it's city wide. This is city wide. Mr. Carollo: Miller, let me give you a real brief background, like in one minute, of why our garbage fee is so high. In fact, why we have a garbage fee. Because we never had one until last year. The County started raising the fee for our disposal. However, we went even one step further and we raised the garbage collection fee to justify what we had to pay them and then some more. So, I think that we have to look for some ways to cut back on that fee for next year. Mr. Dawkins: Well, it comes right back to what Ferre says everyday. The County is shafting us and we let them get away with it. Mr. Carollo: Certainly. Mr. Dawkins: So, I mean, some kind of a way we have got to equalize this and shaft them some. Mr. Carollo:• And incidentally don't feel bad at being on the losing side of the votes sometimes. I was the only person on the Commission that voted against raising the garbage fees or in fact, putting a garbage fee. 115 ,68. EXECUTE LEASE AGREEMENT: OFF STREET PARKING FOR LEASE OF CERTAIN SPACE FOR LAW DEPT. IN OLYMPIA BLDG. Mr. Carollo: Anything else that needs to come before this Commission today? Mr. Gary:.- Well, we need to allow the City Attorney to pay his rent so he won't get evicted and that's Item 22. Mr. Carollo: 'Miller, you want to make a motion to that? Mr. Dawkins: Yes, I move. Mr. Perez: Second. Mr. Carollo: Alright, there is a motion and a second, call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 81-1066 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT , IN SUBSTANTIALLY THE FOR14 ATTACHED HERETO, WITH THE DEPARTMENT OF OFF-STREET PARKING FOR THE LEASE OF CERTAIN SPACE ON THE SEVENTH AND TENTH FLOORS OF THE OLYMPIA BUILDING, 174 EAST FLAGLER STREET, FOR THE USE OF THE LAW DEPARTMENT, WITH FUNDS THEREFOR ALLOCATED FROM BUDGETED FUNDS OF THE LAW DEPARMENT. (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: Mr. Dawkins, Mr. Perez and Vice -Mayor Carollo. NOES: None. ABSENT: Mr. Plummer and Mayor Ferre. 69. APPROVE CITY MANAGERS SELECTION FOR ORIGINAL MURAL FOR SOLID WASTE ADMINISTRATION BUILDING Mr. Gary: And one other Vice -Mayor Carollo. Item #26 is authorization for us to put a mural in the Sanitation Building which is already included in that capital budget for renovation. This is part of our arts in public places ordinance. Mr. Carollo: We have to do it by County law, correct? Mr. Gary: Yes, sir. Mr. Carollo: Is that 1.5 percent? Mr. Gary: Yes, sir. Mr. Carollo: Very good. .116 DEC 101981 Mr. Dawkins: Although, I'm short thirty garbage pick up men, I have to put a mural in there? Mr. Gary: That's the law. Mr. Carollo: Well, let me say this. I disagree with that County law. I think you know, it should be taken away. I have been saying this since I reached the Commission, specially now more than ever, the way we are hurting for funds that we have got to spend thousands upon thousands of dollars for art. Especially in some cases art that I don't think is worth any where near the price we are paying for it. In fact, some of it, I hate to say , I wouldn't even put in my own home.. -,But we have to do it by law and the Manager is recommending it. Is there a motion and a second? Mr. Dawkins:. Move. Mr. Perez:. Second. Mr. Carollo: Mr. Clerk, roll call, please. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 81-1067 A RESOLUTION APPROVING THE CITY MANAGER'S SELECTION OF DAN DADDONA TO CREATE AN ORIGINAL MURAL FOR THE SOLID WASTE DEPARTMENT ADMINISTRATION BUILDING ART 1280 NW 20TH STREET, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT IN SUBSTANTIALLY THE FORM ATTACHED HERETO BETWEEN THE CITY AND THE ARTIST FOR A FEE OF 5,000; AND TO USE POLLUTION CONTROL AND INCINERATOR BOND FUNDS FOR SAID PURPOSES. (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 votes AYES: Mr. Dawkins, Mr. Perez and Vice -Mayor Carollo. NOES: None. ABSENT: Mr. Plummer and Mayor Ferre. ADJOURNf1ENT There being no further business to come before the City Commission, on motion duly made and seconded, the meeting was adjourned at 5:30 P.M. ATTEST: RALPH G. ONGIE City Clerk NATTY HIRAI Assistant City Clerk 117 2 101981 l y 5 y _ aw December 10, 1081 EX O COMMISSION RETRIEVAL ACTION CODE NOS IN*DOCUMEfff IDENTIFICATION IDID t R-81-1017 81-1017 AUTHORIZE TEMPORARY HOUSING OF NET FIRE RESCUE UNIT j 81-1018 81-1018 EXECUTE AGREEMENT: 1982 ASTA WORLD TRAVEL CONGRESS. R-81-1019 81-1019 3 EXECUTE AGREEMENT: STRESS SERVICE AMELBRAND AN ASSOCIATES. 4 ISSUANCE OF $21,000,00BONDS O SEOFFIGHTING IRE PREVENTION OF MIAMI- AND RESCUE FACILITIES AGREEMENT DADS COUNTY SEVENTH YEAR COMMUNITY C.D. 5 BLOCK GRANT PROGRAM FOR CERTAIN SOCIAL SERVICES. RATION 6 AGREEMENT SYST EMS IN EDUCATION TRAINING p IERTOWNCEXpO� OFFENDER CETA TITLE II-B PARTICIPANTS PROGRAM. TECHNICAL 7 PARTICIPANTSTS AGREEMENT IN NTHE OVERTOWN UNEMPLOYED PROGRAM• ONTINUINGG OICER FYIB TRGo� NTAL 8 AGREEMENT C COORDINATION AND LIAISON 9' AUTHORIZE INCREASE C No�I�CDEVELOPMENTBLOCK CORPO GRANT ON• FUNDS TO OVERTOWN E 10 ACCEPT BIDS: FOODAND BEVERAGE CONCESSIONS AT MISCELLANEOUS CITY AGREEMENT ALBERT R. PEREZ ASSOCIATES,P.A. 11 LANDSCAPE ARCHITECTURAL SERVICES. RIVERSIDE PA RK- AGREEMENT R.C. TROTT, CONSULTING ENGINEERS 12 INC. TECHNICAL PROBLEMS IN POLICE AND FIRE RADIO SYSTEMS- ED BIDS: TWO WAIVE WAIVE DRIVES AND ONE TAPE DRIVELFOR DEPARTMENT OF DISKS DRIVES AN COMPUTERS AND COMMUNICATIONS. 14 15 16 17 18 ICRESOLUTION ELECTRIC SERVICES AND AUTHORIZE AGREEMENT WITH NET INC. FOR MIAMI SPRINGS GOLF COURSE. IRRIGATION SYSTEMS. GHTS AND PERMITS TO METRO TO MAINTAIN BRIDGE GRANT RI TYPE STRUCTURES, FOUNDATIONS, GUIDEWAYS FOR RAPID TRANSIT SYSTEM. STAGE-1- INCREASE SCOPE OF CONTRACT. COMPLETION OF DORSEY Phi DEVELOPMENT AND RENOVATION. APPOINT TWO MEMBERS TO THE CIVIL,SERVICE BOARD. ALLOCASMRTNG TE $676,543 FY 81-8D SOCIALSERVICE EAGNCIF PDEV100SLY FUNDED FUNDS TO • R-81-1020 R-81-1021 R-81-1022 R-81-1023 R-81-1024 R-81-1025 R-81-1026 R-81-1027 R-81-1028 R-81-1029 R-81-1030 R-81-1031 R-81-1032 R-81-1033 R-81-1034 81-1020 81-1021 81-1022 81-1023 81-1024 81-1025 81-1026 81-1027 81-1028 81-1029 81-1030 81-1031 81-10 % 81a103 81=10? 3� k� CONTI ITW NO- DOCUMENT IDENTIFICATION NTI 19 INSTRUCT CITY MANAGER TO PREPARE SCHEDULE FOR GRADUAL PHASING OUT OF CITY OF MIAMI DAY CARE OPERATIONS TO INCLUDE AFTER SCHOOL CARE PROGRAMS. 20 APPOINT DR. CLYDE CROSKEY JR. AND ILEANA ROS TO THI CITY OF MIAMI FESTIVAL ADVISORY COMMITTEE, 21 ALLOCATE $9,000 TO COCONUT GROVE ASSOCIATION INC. (THIS MODIFIES RESOLUTION NO. 81-1040) 22 APPOINT FIRM OF LAVENTHOL AND HORWATH AS CONSULTANTS TO PREPARE SCHEDULE OF RENTS, RATES, FEES AND CHARGES FOR SERVICES FURNISHED FOR THE i CONVENTION CENTER GARAGE. 23 BID ACCEPTANCE: PITMAN PHOTO, INC. FOR PHOTOGRAPHIl SUPPLIES. 24 BID ACCEPTANCE:VARIOUS SUPPLIERS FOR FURNISHING - AMMUNITION TO THE DEPARTMENT OF POLICE AT A TOTAL COST OF $76,846.20 25 AUTHORIZE CITY MANAGER AND CITY CLERK TO EXECUTE QUIT CLAIM DEED CONVEYING TEN FOOT STRIP TO 1690 SOUTH BAYSHORE DRIVE LANE INC. 26 BID ACCEPTANCE: JOE REINERSTSON EQUIPMENT CO. 27 BID ACCEPTANCE: GOLDEN EAGLE ENGINEERING CONTRACTORS INC. WYNWOOD C.D. PAVING PROJECT. PHAS VI -BID "A". 28 BID ACCEPTANCE: F.R.E. CONSTRUCTION CO.INC. S.E. 4TH STREET PAVING PROJECT. 29 EXPRESS INTENT OF THE CITY TO COMPLY WITH STATE OF FLORIDA STANDARDS REGARDING EROSION ENVIROMENTAL AIR AND WATER QUALITY STANDARDS IN ALL CONSTRUCTION PROJECT. LATIN QUARTER #DA PROJECT. 30 EXECUTE AMENDMENT TO AGREEMENT: MEDIA II, INC. ADVERTISE FOR TRADE AND COMMERCE DEVELOPMENT. 31 CONFIRM ASSESSMENT ROLL: MANOR SANITARY SEWER IMPROVEMENT SR-5437-C 32 AUTHORIZE CITY CLERK TO ADVERTISE FOR SEALED BIDS: CONSTRUCTION OF KOUBEK SANITARY SEWER SR-5477-S. 33 AUTHORIZE CITY CLERK TO ADVERTISE FOR SEALED BIDS; CONSTRUCTION FOR KOUBEK SANITARY SEWER IMPROVEMENT SR-5477-S. 34 CLAIM SETTLEMENT: BILLY PRITCHETT. 35 FORMALIZING RESOLUTION; CHANGE MEETING DATE TO DECEMBER 15, 1981, 81-1035 R-81-1038 R-81-1040 R-81-1041 R-81-1042 R-81-1043 R-81-1 R-81-104 R-81-104 R-81-IOJ R-81-10481 R-81-10491 R-81-10501 R-81-10 R-81-105 R-81-105 R-r81- PAGE # 2 81-1035 81-1038 81-1040 81-1041 81-1042 81-1043 81-1044 81-1045 81-1046 81-1047 81-1048 81-1049 81-1050 81-1051 81-1052 81-105 3 $1-1453 37 LEASE OF CERTAIN SPACE FOR LAW DEPARTMbN'l IN OLYMPIA BUILDING. APPROVE CITY MANAGERS SELECTION FOR ORIGINAL MURAL FOR SOLID WASTE ADMINISTRATION BUILDING. UED R-81-1066 R-81-1067 81-1066 81-1067