HomeMy WebLinkAboutCC 1981-11-12 MinutesZ3
G1 Y �F
r
INCOkP nRATE �c
OF AU?IN6 NEW M NOVEMBER 12, 1981
(REGULAR)
1PAt-PARn sY irsit OFFICE OF . CM ttERK
CITY �' PALM G, ONGIE
CITY CLERK
ItDEX
CIIYIgISS1Off OF MIAMI, FLORIA4
tSOLUTION
DIMNCE10.
110 NO. (REGULAR) SECT NOVEMBER 12, 1981 PAGE N0�
I
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3
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5
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7
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11
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13
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ORGANIZATIONAL MEETING STATEMENTS BY MEMBERS OF THE
NEW COMMISSION.
APPOINT JOE CAROLLO AS VICE -MAYOR OF THE CITY.
CONDOLENCES TO THE FAMILY OF MR. MAX FRIEDSON
CONDOLENCES TO THE FAMILY OF DR. JOSE VIDANA
DISCUSSION OF OPERATION OF DINNER KEY MARINA
STATUTORY CHANGES IN 1981 BLOCK GRANT PROGRAM
(A) RESCIND FUNDS TO ALLAPATTAH DEVELOPMENT
AUTHORITY AND TRANSFER THEM TO A HOT MEALS
PROGRAM.
(B) APPROVE GENERAL POLICY AS PRESENTED BY
ADMINISTRATION
DISCUSSION OF ROOFING OF WEST COURTYARD OF COCONUT
GROVE EXHIBITION CENTER
(A) PROCEED WITH SELECTION OF ARCHITECT/ENGINEER
(B) APPROVE GENERAL POLICY AS PRESENTED BY
ADMINISTRATION.
USE OF RESORT TAX REVENUES FOR ORANGE BOWL
IMPROVEMENTS
DISCUSSION OF POSSIBLE REVOCATION OF LICENSE FOR
CABLE T.V.
RESIDENCY/WORK REQUIREMENTS FOR MEMBERSHIP IN THE
DOWNTOWN DEVELOPMENT AUTHORITY.
DISCUSSION ITEM. CITY REPRESENTATION
ON SPORTS AUTHORITY.
DISCUSSION OF F.E.C. PROPERTY AND DEPOSIT OF
INTERAMA FUNDS
INCREASE FEES FOR DOUBLE DEPTH BURIALS AT CITY
CEMENTERY
AUTHORIZE ISSUANCE OF REVENUE BONDS FOR MULTI
FAMILY HOUSING
FIRST AND SECOND READING ORDINANCE: ESTABLISH
MINORITY PROCUREMENT VENDOR PROGRAM
FIRST AND SECOND READING ORDINANCE: INCREASE FEES
FOR USE OF MUNICIPAL AUDITORIUM AND COCONUT
GROVE EXHIBITION CENTER.
DISCUSSION AND DEFERRAL: PROPOSED ORDINANCE
"PROBATIONARY EMPLOYEE"
FIRST AND SECOND READING ORDINANCE: NEW TRUST &
AGENCY FUND JUVENILE RUNAWAY PROJECT 3RD YEAR.
STATEMENTS
M-81-926
R-81-927
R-81-928
DISCUSSION
M-81-929
M-81-930
M-81-931
M-81-932
M-81-932-A
DISCUSSION
M-81-933
DISCUSSION
DISCUSSION
ORD. 9339
ORD, 9340
ORD. 9341
ORD. 9342
M-81-934
ORD. 9343
I - V
1
2
3
3-10
10-13
13-17
17-21
21-25
25-26
26-27
27
27-28
28-29
29-30
30-31
31- 32
32-33
AW
ITEM N0.
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
INDEX
A'RSTIORAIAFLORIA4
(REGULAR) &WECT NOVEMBER 12, 1981
FIRST AND SECOND READING URD INANCE: INCREASE FEES
FOR BUILDING, PLUMBING, ELECTRICAL, MECHANICAL
INSPECTIONS.
AUTHORIZE AGREEMENT: DR. MIRIAM MORALES, RADIOLOGY
SERVICES ON PRE -EMPLOYMENT X-RAYS FOR POLICE
CANDIDATES.
ACCEPT BID: PHYSICAL FITNESS MACHINES FOR POLICE
DEPARTMENT.
ENTER INTO COLLECTIVE BARGAINING AGREEMENT: F.O.B.
LODGE NO. 20.
AUTHORIZE AGREEMENT: KOEPSELL ASSOCIATES -MANAGEMENT
ADVISORY SERVICES FOR MIAMI POLICE "PERFORMANCE
PROJECT."
AUTHORIZE AGREEMENT: PROFESSIONAL ADVERTISING
SERVICES FOR PURPOSES OF RECRUITING APPLICANTS FOR
POLICE OFFICER
QUESTIONS TO CHIEF HARMS REGARDING CONFIDENTIAL
INVESTIGATION, GENERAL STREET CRIME, MONITORING
JUDGES PERFORMANCE, POLICE ON WALK BEATS, RECENT
PROMOTIONS.
ALLOCATE 7TH YEAR C.D. BLOCK GRANT FUNDS FOR
REHABILITATION OF MULTIFAMILY APARTMENT BUILDING-
224 N.W. 12TH STREET
PERSONAL APPEARANCE: JOHN BARAD-FESTIVAL COMMITTEE
AND PROVIDE CASH ASSISTANCE GRANT TO HISPANIC
HERITAGE FESTIVAL.
POLICY OF CITY COMMISSION NOT TO GRANT FUTURE
WAIVERS OF FEES.
PERMIT LIQUOR SALES FOR SUNDAYS IN MONTH OF
DECEMBER.
CLOSE STREET DOWNTOWN FOR DOWNTOWN ART WAVE 81-
DOMINO TUMBLE ART FESTIVAL
DISCUSSION AND DEFERRAL: AMENDMENT TO LEASE
AGREEMENT OF CORAL REEF YACHT CLUB
AUTHORIZE AGREEMENT: MIAMI DADE COMMUNITY COLLEGE
TRAINING SERVICES C.E.T.A. TITLE II-B
ACCEPT GRANT $215,000 FOR SALE OF 150,000 CUBIC
YARDS OF FILL TO BE REMOVED FROM VIRGINIA KEY.
DIRECT CITY MANAGER TO RESEARCH PARKS FOR PEOPLE
BOND ISSUE TO DETERMINE STATUS OF IMPROVEMENTS AT
MANOR PARK, ETC.
ACCEPT GRANT: $200,000 STATE OF FLORIDA DEPARTMENT
OF NATURAL RESOURCES-FLORIDA RECREATION
DEVELOPMENT ASSISTANCE PROGRAM
PAGE # 2
rsoI MNCE
urrloNlo, PAGE NO,
1 ORD. 9344
R-81-935
R-81-936
R-81-937
1 33-34
34-35
35-36
36-37
R-81-938 37
R-81-939 38
DISCUSSION
R-81-940
R-81-941
M-81-942
M-81-943
M-81-944
DISCUSSION
R-81-945
R-81-946
M-81-947
R-81-948
1 39-42
1 43-46
47-54
54.1-58
59
61
61-63
63-68
69-73
73-74
74
Ah
III(
C4I9ISSIffAPFFLDRIAA
PAGE # 3
IMM NO. (REGULAR) SMCT NOVEMBER 12, 1981 IMNCE
N PAGE N0,
35
AUTHORIZE AGREEMENT: FULLER AND SADAO, P.C.,
PROFESSIONAL LANDSCAPE ARCHITECTURE AND
ENGINEERING BAYFRONT PARK REDEVELOPMENT.
R-81-949
74-75
36
DISCUSSION AND DEFERRAL: AIR RIGHTS OVER 315
N.E. 2ND AVENUE
DISCUSSION
76-78
37
PERSONAL APPEARANCE: JOHN L. MASTROGIOVANNI-
U.S. SAVINGS BONDS.
DISCUSSION
78-79
38
DIRECT SMALL BUSINESS OPPORTUNITY CENTER, INC.
GROUP TO OPERATE AS A COMMUNITY BASED OPERATION IN
WYNWOOD.
M-81-950
79-81
39
FIRST AND SECOND READING ORDINANCE: FEES FOR ZONING
INSPECTIONS, INCREASING SAID FEES.
ORD. 9345
81-82
40
FIRST READING ORDINANCE: MAKING APPROPRIATIONS
FOR CAPITAL IMPROVEMENTS -ESTABLISH NEW CAPITAL
IMPROVEMENTS PROJECTS FY-81-82
FIRST READING
82-84
41
FIRST AND SECOND READING ORDINANCE: INCREASE TRUST
AND AGENCY FUND PARK AND RECREATION PLANNING GRANT.
ORD. 9346
84-85
42
ESTABLISH TRUST AND AGENCY FUND: "CABLE
TELEVISION" -INCREASE APPROPRIATION BY $200,000
ORD. 9347
85-86
43
FIRST AND SECOND READING ORDINANCE: CITY AFFIRMATIVE
ACTION ADVISORY RESIDENCY REQUIREMENTS.
ORD. 9348
86-87
44
FIRST AND SECOND READING ORDINANCE: ESTABLISH
NEW TRUST AND AGENCY ACCOUNT "MIAMI BUSINESS REPORT
1982".
ORD. 9349
87-88
45
AUTHORIZE AGREEMENT: BARNETT BANK OF SOUTH FLORIDA
N.A. FINANCIAL PARTICIPATION IN PRODUCTION COSTS
OF PUBLICATION ENTITLED: "MIAMI BUSINESS REPORT 1982
R-81-951
89
46
RESCHEDULE MEETING OF NOVEMBER 26 -TO BE HELD
ON NOVEMBER 19.
R-81-952
89-90
47
RESCHEDULE DECEMBER COMMISSION MEETINGS TO DECEMBER
10, 1981. ALSO INCLUDES A NON AGENDA DISCUSSION OF
EXCUSED ABSENCES FOR BOARD MEMBERS.
R-81-953
92-93
48
ALLOCATE $75,000 OF FY 81-82 F.R.S. TO PREVIOUSLY
APPROVED SOCIAL SERVICE AGENCIES-1/12 ALLOCATION
THROUGH DECEMBER 31, 1981.
R-81-954
94
49
ALLOCATE FUNDS -REHABILITATION OF MULTI FAMILY HOUSING
BUILDING 240 N.W. 11 STREET.
R-81-955
94-95
50
APPROVE POTENTIAL DEVELOPMENT SITES FOR
IMPLEMENTATION OF AFFORDABLE RENTAL HOUSING
DEVELOPMENT PROGRAM.
R-81-956
95
51
ACCEPT GRANT -STATE OF FLORIDA DEPARTMINT OF
VETERANS AND COMMUNITY AFFAIRS. -DAY CARE DIVISION.
R-81-957
95-96
52
PROVIDE $25,000 CASH ASSIS!ANCE GRANT TO P.A.C.E.
FOR "BIG ORANGE FESIIti1+L".
R-81-958
96
53
APPROVE SCHEMATIC DEVELOPMENT PLAN FOR "VIRGINIA KEY
PARK".
R-81-959
97
40.
ITEM NDI
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CIIYIL�MISSIi
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APPROVE AGREEMENT: CHILD DAY CARE SERVICES
AUTHORIZE AGREEMENT: DENNIS A. VINTON INC. STAFF
TRAINING FOR ADAPTED RECREATION.
AMEND AGREEMENT: EXTEND CO-SPONSORSHIP OF CONCERT
SERIES:"CITY OF MIAMI/OAS INTERNATIONAL ARTISTS
SERIES" AUTHORIZES ACCEPTANCE OF GRANTS AND
CONTRIBUTIONS.
AUTHORIZE AGREEMENT: E.H.FRIEND AND COMPANY, EXPERT
ASSISTANCE IN PENSION MATTERS.
CLAIM SETTLEMENT-AHTO WALTER
DIRECT CITY CLERK TO READVERTISE FOR REGULAR VACANCY
AND ALTERNATE VACANCY ON THE ZONING BOARD.
DISCUSSION AND DEFERRAL: APPOINTMENTS TO CODE
ENFORCEMENT BOARD.
ACCEPT BID-D & M TILE INSTALLATION,INC.
5,200 SQ. FT. OF QUARRY TILE.
ACCEPT BID -ZETA BUILDING SERVICE,INC. CUSTODIAL
SERVICES AT MUNICIPAL JUSTICE BUILDING
ACCEPT BID-BROWARD ELEVATOR SALES AND SERVICE
ELEVATOR MAINTENANCE FOR BUILDING AND VEHICLE
MAINTENANCE DEPARTMENT.
ACCEPT BID-3M CO. ENFIELDS MIAMI PHOTO,INC.
MICROFICHE PROCESSOR FOR COMPUTER AND
COMMUNICATIONS DEPARTMENT.
ACCEPT BID: DYNATECH DATA SYSTEMS. DATA COMMUNICATION
SWITCHING DEVICE FOR COMPUTERS AND COMMUNICATIONS
DEPARTMENT.
ACCEPT BID-LITTON OFFICE PRODUCTS CENTERS
10 COMPUTER PROGRAMMER WORK STATIONS FOR
DEPARTMENT OF COMPUTERS AND COMMUNICATIONS.
ACCEPT BID: NATIONAL BUSINESS MACHINES. BUSINESS
MACHINES MAINTENANCE CITY WIDE.
ACCEPT BID -SUNSET ENTERPRISES, INC. VIRRICK GYM.
BOAT RAMP MODIFICATIONS.
DIRECT CITY CLERK TO PUBLISH NOTICE OF PUBLIC
HEARING: WEST TRAILVIEW HIGHWAY IMPROVEMENT
H-4447.
FORMALIZING RESOLUTION: ALLOCATE $21,500 AS A GRANT
CASH ASSISTANCE TO "FLORIDA A AND M UNIVERSITY
ALUMNI ASSOCIATION-MIAMI CHAPTER: IN SUPPORT OF
"49TH ANNUAL ORANGE BLOSSOM'CLASSIC PARADE".
FORMALIZING RESOLUTION: ALLOCATE $13,075.06
NEW WASHINGTON C.D. CONFERENCE,INC. THROUGH
JULY 1981.
rNANCE0�j
OLUTI oN �Vo, PAGE NO,
R-81-960
R-81-961
R-81-962
R-81-963
R-81-964
M-81-965
DISCUSSION
R-81-966
R-81-967
I R-81-968
I R-81-969
I R-81-970
R-81-971
R-81-972
R-81-973
R-81-974
R-81-975
R-81-976
97-98
98-99
99
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101-102
102-103
103
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105-106
106
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y lu 1 ilk t ay
PAGE # 5
IT�1r1 NO, (REGULAR) &UCT NOVEMBER 12, 1981 RRDINANCE No PAGE
KESOLUTION ,
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72.1
72.2
72.3
72.4
72.5
72.6
72. 7
72.8
73
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75
76
77
78
79
80
81
CONSENT AGENDA:
ACCEPTING COMPLETED WORK OF JUELLE BROTHERS.
LITTLE HAVANA COMMUNITY CENTER -BUILDING B-DEMOLITION
AND AUTHORIZING FINAL PAYMENT.
ACCEPTING COMPLETED WORK OF BEN HURWITZ, INC.
S.C.L. RAILROAD STATION. DEMOLITION AND
AUTHORIZING FINAL PAYMENT.
ACCEPTING THE COMPLETED WORK OF ANKNEY AND
CHRISTENBURG ENTERPRISES, INC. FOR DAY CARE
CENTERS. EXPANSION AND AUTHORIZING FINAL
PAYMENT.
ACCEPTING COMPLETED WORK OF BEN HURWITZ, INC. FOR
DINNER KEY -DEMOLITION OF BUILDINGS AND AUTHORIZING
FINAL PAYMENT.
ACCEPTING COMPLETED WORK OF SOLO AIR CONDITIONING &
HEATING CO. FOR FIRE ALARM OFFICE -AIR CONDITIONING
IMPROVEMENTS AND AUTHORIZING FINAL PAYMENT.
ACCEPTING COMPLETED WORK OF MET CONSTRUCTION FOR
THEODORE R. GIBSON PARK AND AUTHORIZING FINAL
PAYMENT.
ACCEPTING COMPLETED WORK OF FRISA CORP. FOR BUENA
VISTA COMMUNITY DEVELOPMENT PAVING PROJECT AND
AUTHORIZING FINAL PAYMENT AND ESCROW ACCOUNT.
ACCEPTING THE COMPLETED WORK OF WILLIAMS PAVING CO.
FOR JEFFERSON STREET PAVING PROJECT AND AUTHORIZING
FINAL PAYMENT.
CONFIRM ASSESSMENT ROLL: COLUMBIA SANITARY SEWER
IMPROVEMENT SR-5420-S.
CONFIRM ASSESSEENT ROLL:COLUMBIA SANITARY SEWER
IMPROVEMENT SR-5420-C
CONFIRM ORDERING RESOLUTION: MANOR HIGHWAY
IMPROVEMENT DISTRICT PHASE II-H-4473.
CONFIRM ORDERING RESOLUTION:ALLAPATTAH HIGHWAY
IMPROVEMENT DISTRICT-H-4474
APPROVE EXPENDITURE OF $15=000 "FIFTH ANNUAL
CARIBBEAN CONFERENCE."
LIST OF PROPOSED RULE CHANGES FOR THE CITY
COMMISSION AND DIRECTIONS TO THE LAW DEPARTMENT IN
MISCELLANEOUS AREAS.
REQUEST CITY ATTORNEY TO INVESTIGATE WQBA AND OTHER
STATIONS FOR POSSIBLE INCITING BROADCASTS DURING
RECENT ELECTIONS.
REAPPOINT GEORGE F. KNOX AS CITY ATTORNEY OF THE
CITY OF MIAMI
REAPPOINT RALPH G. ONGIE AS CITY CLERK OF THE CITY
OF MIAMI.
R-81-977
R-81-978
R-81-979
R-81-980
R-81-981
R-81-982
R--81-98 3
R-81-984
R-81-985
R-81-986
R-81-987
R-81-988
M-81--989
DISCUSSION
M-81-990
R-81-891
R-81-992
110
110
110
110
110
111
111
111
111
111
112
112-113
113
114-115
116-121
121-122
125
125-126
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 12th day of November, 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 1:30 P.M., by Mayor Ferre with
the following members of the Commission found to be present:
ALSO PRESENT WERE:
commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
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
On motion duly mande and seconded by the City Commission, the Minutes
for the meetings of July 23, 1981, September 10, 1981 and October 13, 1981
were approved.
I. APPOINT JOE CAROLLO AS VICE -MAYOR OF THE CITY
Mayor Ferre: I would like to have the honor, I will pass the gavel to
the senior member and ask to be recognized for the honor of making a
motion that the Vice -Mayor of the City of Miami for this coming year be
Commissioner Joe Carollo. So move.
Mr.. Plummer: Is there a second?
Mr. Perez: I second.
Mr. Plummer: Is there any discussion? Hearing none, call the roll.
The following motion was introduced by Mayor Ferre, who moved its
adoption:
MOTION NO. 81-926
A MOTION OF THE CITY COMMISSION DESIGNATING COMMISSIONER
JOE CAROLLO AS VICE -MAYOR OF THE CITY OF MIAMI FROM
NOVEMBER 1981 TO NOVEMBER 1982
01
(CONTINUED ON NEXT PAGE)
NOV 1 Z IS8)
W
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: hone
2. CONDOLENCES TO THE FAMILY OF MR. MAX FRIEDSON
Mr. Plummer, Mr. Mayor, if I may prior to that, I think we all read this
morning with sadness, the passing of Mr. Max Friedson, and I think it
would be appropriate at this time that I offer a motion that the
condolences of this Commission and the people of the City of Miami be
expressed to his family at his passing. And I so offer.
_ Mayor Ferre: All right. There's a motion on the floor. Is there a
second?
Mr. Dawkins: Second.
Mayor Ferre: Seconded. Further discussion? Call the roll on the motion.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 81-927
A RESOLUTION CONVEYING THE DEEPEST SYMPATHY TO THE
FAMILY AND FRIENDS OF MAX FRIEDSON
(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 J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
02
NOV :,j8I
3. CONDOLENCES TO THE FAMILY OF DR. JOSE VIDANA
Mayor Ferre: All right. Now, there is another motion that must be made,
and Demetrio Perez I think would like to make that. Mr. Vidana, the
President of the Cuban Rotarian and a great civic leader in this
community for the last 20 years also passed away yesterday.
Mr. Perez: We want to have recognition for the family of Dr. Jose Vidana
who has a funeral service now in Caballero Funeral Home. I would like
to have a special mention to the family in recognition.
Mayor Ferre: There's a motion, is there a second?
Mr. Carollo: Second.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner Perez, who
moved its adoption:
RESOLUTION NO. 81-928
A RESOLUTION CONVEYING THE DEEPEST SYMPATHY OF THE CITY
OF MIAMI COMMISSION TO THE FAMILY AND FRIENDS OF DR.
JOSE VIDANA
(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 J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
4. DISCUSSION OF OPERATION OF DINNER KEY MARINA
Mayor Ferre: We'll now take up item "A".
Mr. Gary: Mr. Mayor, item "A" deals with Dinner Key Marina, specifically,
the operation and the management of that marina. If you all recall, I
sent the City Commission a copy of an evaluation and a recommendation
with regard to the operational and management problems of Dinner Key
Marina. The status of the Dinner Key Marina at this particular point
in time is that first of all, they have complied with the findings in
the audit. They have repaid back all the expenditure exceptions, they
also have changed the primary ownership from a loose -knit organization
to one which is controlled by Mr. Walker. And the third and last thing
is, well, there's one other tiling. The third thing is that I have
r
Mayor Ferre (continued): in that status report recommended that we begin
the negotiation process for the architect for the expansion of the Dinner
Key Marina, and I need a decision from the City Commission with regard
to that recommendation so that we can proceed with the expansion of
Dinner Key Marina. And the fourth thing is that the Dinner Key Marina
was evaluated on a 6-month basis and there are some issues that have to
be addressed, that will be addressed, and Mr. Paul Walker has assured me
that he will correct all the deficiencies in that operation and we will
continue to monitor them on a stringent basis for the next 6 months.
Mayor Ferre: Are there any questions from the members of the Commission
at this point? All right, as I understand, what you want is a motion
to do what?
Mr. Gary:- I want a motion to begin the competitive bid process for the
selection of an architect.
Mr. Plummer: So move.
Mayor Ferre: Plummer move
Mr. Dawkins: Second.
Mayor Ferre: Seconded. All right, under discussion. This is not a
public hearing, so tell me what you're here for.
UNIDENTIFIED SPEAKER: ....the Crowder Mahoney firm who was selected on
the competitive bid process. If this is the proper forum in which to
discuss the Manager's recommendation...
Mayor Ferre: Well, there's a motion which means that this matter would
then have to come back as a resolution, but I think since this is a
serious matter, I will permit you to say a very...3 minutes to say
what you have to, real quick.
Mr. John Cosgrove: The memorandum that Mr. Gary presented to the Commission
dealt with a question as to whether or not Mr. A. W. Crowder, a principal
_ of Crowder Mahoney was a principal of the firm. I met with Mr. Gary.
The record is just absolutely clear that Mr. Crowder has never had
any interest in Biscayne Recreation. He wrote to the Miami Herald back
in 1978 before this competitive bidding ever started to try and eliminate
the rumors. He wrote to Biscayne Recreation. Mr. Gary has copies of all
of the correspondence. I've talked to the attorney that represents...
I asked Mr. Gary what more I can give him. We've checked with the
Secretary of State's Office. There is absolutely no record anywhere.
Mr. Crowder is here, he'll tell you himself. He'll tell you under
oath. He is not a principal and never has been with that firm.
Mayor Ferre: Let me understand this properly. Mr. Manager, your recommendation
is that we rebid and do this whole thing all over again rather than
accept Crowder -Mahone and McCowsky-Rice's proposal and the basis of your
recommendation is that the...Mr. Crowder had a conflict because he was
part of the marina company?
Mr. Gary: The basis of my recommendation were too numerous for me to
expound in that evaluation.
Mr. Dawkins: Mr. Mayor, may I have a question since I'm new?
Mayor Ferre: Yes, sir.
Mr. Dawkins: We have a Manager who has and we had him
out there, and he's coming with a recommendation. We have a gentleman
who has a right to get up and state his opinion. But I don't feel
that we should sit here and find out from the Manager why...I mean, if
we don't have trust and integrity in his decisions, then we don't need
him. But I mean, to me, I mean, I'm new. I don't know. But it just
seems ill and out of place for him to sit here and enumerate to me
why he made the decision that he made because this gentleman says he's
wrong.
44 NOV 1 1901
Mayor Ferre: Well Mr. Dawkins, the Charter of the City of Miami specifically
delegates the setting of policy to the Commission. This is a matter...
Mr. Dawkins: Well let's the Commission vote, then....
Mayor Ferre: How can we vote without knowipg what we're voting on? See?
The point is that the Manager is making a statement, and I think, for the
record, this is going to go into a lawsuit and what we're trying to do
here is to clarify this matter so that we know what we're voting because
otherwise, the judge when he gets into this says, hey those people don't
even know what they're voting on. The question is that the Manager
recommended this company originally. Now the Manager is saying that he's
not recommending the company. Now this is an attorney. He represents the
firm. `Ife's here to tell us that the basis of the decision is wrong. Now
the Manager is explaining that his decision was not based on just the
conflict, but a whole series of things. I'm going to vote with the
Manager'e recommendation, but it must be clarified. Proceed.
Mr. Gary: Mr. Mayor, the whole process based on my evaluation of that
process, reveals that the competitive process was very clouded, it was not
fair, and it was not objective. And based on that, and based on the
best interest of the City, I am recommending that the process start anew,
and all of the competitors have to bid again.
Mayor Ferre: All right, further questions?
Mr. Plummer: Mr. Manager, as you know, we operate a law of the State
of Florida of the Architectural Competitive Bidding Act. That act is that
you have given three names to deal with, a, b and c. I only ask for
the record, have you dealt with firm b or c before you go out to rebidding?
Mr. Gary: Commissioner Plummer, it is my opinion that if the entire process
was unfair, that not only was the number one firm treated unfairly, but
number two and number three were also treated unfairly, and possibly
number four and number five also.
Mr. Plummer: My question still remains. Did you ... well, it's a legal
question, so I guess I should be asking... first of all, my indication from
your answer is that you did not negotiate with b or c.
Mr. Gary: Exactly.
Mr. Plummer: Now Mr. Knox, under the state law that we operate, this
Competitive Bidding Architectural Heart Bill, do you feel, sir, that we
are within solid ground to bo gack out to rebidding without following
the procedures outlined in the state statute.
Mr. Knox: Yes, sir. Generally, when state statutes establish rules
and regulations there are minimum standards. Now our Charter does
provide the Manager with the power to recommend to the City Commission
that if the Manager is not satisfied that a contract could be consumated
as a result of the competitive process, that the Manager can recommend
that all bids be thrown out.
Mr. Plummer: So you feel we're on solid ground.
Mr. Knox: Yes, sir.
Mayor Ferre: As I understand it, we have not given these people a
contract yet. The Manager has within his prerogative that recommendation.
Now the selection process was, the Manager was not involved, but he
had a commitee which he appointed. Is that right?
Mr. Gary: Yes, sir.
Mayor Ferre: Who chaired that committee?
Mr. Gary: Mr. Kaufman. Morris Kauffman.
05
r
Mayor Ferre: And does Mr. Kauffman and that committee concur?
Mr. Gary: Well, historically the committee sat and made the decision and
recommended the ranking order that we have before us. And it's my
opinion that the process that was followed was clouded, which included the
committee's action. So I am questioning the whole process of not, in terms
of the bidders but primarily of staff.
Mayor Ferre: Okay. Further questions? Anybody else have any questions on
this? The motion therefore, made by Plummer, excuse me, is there a second
on the motion?
Mr. Dawkins: I second it.
Mayor Fe=re: Dawkins seconds it.
(INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD).
Mayor Ferre: Very briefly.
UNIDENTIFIED SPEAKER: Just for the record, is the objection two -fold? Is
it the fact that Mr. Corser is a principal and the clouded issue, or is it
Just the second one that was...
Mayor Ferre: You'd better let the attorney answer that.
Mr. Knox: What was your question again?
UNIDENTIFIED SPEAKER: Is the objection from the City Manager two -fold
number one, that Mr. Crowder was a principal of Biscayne Recreation, and
number two, that there was some impropriety or problems with the selection
process, or is it just the latter that is the reasoning for this?
Mr. Knox: Well, I'm not certain about the basis upon the Manager's
decision. I'm only pointing out that he has the power to evaluate the
situation and makes those decisions. The input from the Law Department
was, however, related to a•question of conflict of interest.
Mayor Ferre: All right, Mr. Manager.
Mr. Gary: Mr. Mayor, my decision was based on the fact that it's my
impression that the competitive bid process was not proper.
Mr. John Cosgrove: Mr. Mayor, John Cosgrove, attorney, appearing for
Greenleaf-Telesca.
Mayor Ferre: Mr. Greenleaf-Telesca is not involved in this...
Mr. Cosgrove: We're the number two.
Mayor Ferre: Sir, you are not involved in this at this point. I think
that the statement has been made, the motion has been made, it was
seconded and just let the Commission come to a conclusion.
Mr. Cosgrove: But Mayor, what I want to point out in consideration of
what Mr. Knox has said what the law is, in your bid itself...
Mayor Ferre: Sir, please. You do not have to in any way correct or
support the City Attorney's position. It is not being challenged.
Mr. Cosgrove: I can't support him.
Mayor Ferre: Well, he is our City Attorney, with all due respects. I
know you're going to make a fine Legislator and I congratulate you for
your victory, but you're here as an attorney, and we have our City
Attorney. He's given us that ruling so don't worry.
Mr. Cosgrove: What is the motion that you're considering now? Whether
to accept the City Manager's report?
NOV "r �Q1
Mayor Ferre: The motion is to start the rebidding process over again.
Now, is there further discussion on that motion? All right, call the roll.
MOTION DEFEATED. On motion by Commissioner Plummer
and seconded by Commissioner Dawkins, the
foregoing motion was defeated by the following
vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
NOES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
ABSENT: None
ON ROLL CALL:
Mr. Carollo: Let me say why I'm going to vote no. I would like to have
had the people here from the marina explain their side a little further.
I know part of the problem that we have today is the time factor, and
let me say this. I was one of the two votes on this Commission that voted
against this whole Dinner Key Marina. So it's not a negative vote on you,
Mr. Gary. I trust that you have dealt with in the best way possible for
the City, but I just would have liked to have given these people more of
an opportunity to present their case. That's why I vote no.
Mayor Ferre: The City of Miami's Charter says that the policy is...
of the City of Miami Commission is in the hands of the City Commission.
We established a rule. The rule was that a committee be appointed to
interview the different companies. That committee, chaired by Morris
Kauffman, recommended this particular firm. Now because of what I think
has been a tremendous amount of publicity that has been cast by the Miami
Herald on this particular issue, and well they should. I have no problems
with that. The Manager is now recommending that we reconsider and go to
the process of rebidding. •.He bases his opinion on three statements that
he made. One is there are a lot of reasons which is vague in nature.
Secondly, he says that there is some question as to the conflicts that
were invovled and yet, there is no statement as to what that conflict
specifically was. And third, it has to do with the question of the
procedure itself. Now, Mr. Manager, you come back next meeting and tell
me specifically what the irregularities were. If they were criminal in
nature, I think you should take it to the State Attorney's Office
immediately. If they deal with impropriety of any sort, I think they
should be specifically pointed out. I will, on the record, if there's
any wrong -doing, or any impropriety it should be made a matter of public
record, and then I am willing to vote with your recommendation. Until
such time as you come up with that specific proof, my position is very
simple --I'm going going to go out and hang somebody based on inuendo
which'I've just been through 2 months of that kind of stuff. You come
back, you document what went wrong and I will vote with your recommendation.
And therefore, I vote no at this time.
Mr. Gary: Mr. Mayor, I understand the direction you're giving me, but I
think it's important for me to inform you that the reason that I was not
specific is because of the fact that I had made an agreement with the
attorney here not to get into the details. But I will comply with your
recommendations or your direction.
Mayor Ferre: I think you have to put it on the record and at that point...
if you will schedule it for the next Commission meeting. Now Mr. Gary,
I think since this is the first vote that this Commission has taken
where you have recommended something to this City Commission, I
would like to point out the following. I do not want you in any way
to surmise or the implication of anything on this other than one
word. Communication. You have my home number. I know this has been
an electoral process. You have ample reason for not having been able to
talk to me. In the future, the law permits for you to talk to me
privately. If you have information has to alleged impropriety and do
not want to say it at a public hearing, you will call me and tell me
.07
Mayor Ferre (continued): and I will certainly ... at this point, I am
totally ignorant. I do not have the slighest idea of what you're talking
about. If you will tell me what they are, if you're going to the State
Attorney's and therefore you cannot reveal it publicly for that reason,
I would like to know that and then I will vote accordingly. At this point,
Mr. Morris Kauffman is not here, the chairman of that committee and I'm
not about to hang somebody just based on innuendo. This matter I'm sure
will be coming back at the next Commission meeting.
Mr. Plummer: Well wait a minute. Let me ask a question. Mr. Gary, I am
I hope I am certain, and I want it on the record, that you have fully
investigated this matter before you made an announcement in the public
record that there were improprieties and that it is not innuendos. Now
there's a big difference between innuendos and your investigating the
matter -'and making such a statement. And I would ask you for the record
that.you did investigate this matter before making a statement that there
were improprieties.
Mr. Gary: Commissioner Plummer, in response to your question, I did do an
investigation, these aren't innuendos, and they can be documented and I will
do so.
Mr. Plummer: All right, fine.
Mayor Ferre: And if they're criminal in nature, I think that it should be
taken to the State Attorney's Office.
Mr. Gary: Yes, sir.
Mayor Ferre: And I would like to be so advised so I can guide myself
accordingly. But I'm certainly not going to go out and hang Mr. Crowder
or anybody else without knowing specifically the reasons why he's being
hung.
Mr. Cosgrove: Mr. Mayor, before you go to item "B", excuse me. What is
the status now as to, is the first bid rejected so you're going to follow
the law, or is it still back for report?
Mayor Ferre: The first bid is in limbo until Mr. Gary documents the
improprieties, and then when I know what I'm voting on, I will be happy
to vote to.
Mr. Cosgrove: So you are deferring your vote?
Mayor Ferre: No. The motion was...
Mr. Cosgrove: You voted no.
Mayor Ferre: Precisely.
w Mr. Cosgrove: So now you've got to go to ... the Manager has either got
to accept or reject the first contract, and then if he rejects it, he's
got to go into negotiations with the second party. At least to keep
your record clear you'd better do that.
Mayor Ferre: The matter was as follows, Mr. Cosgrove. Mr. Plummer made
a motion based on the Manager's recommendation that we start the bidding
process over again because of the improprieties. Mr. Dawkins seconded
that motion. We voted on it. I voted no and the reason for my vote
was that I do not know what I'm voting on. Okay? And I don't... if
there's something that the Manager wants to tell me in confidence,
he's right to do that. But I'm not going to vote to hang an individual,
a human being based on,something that on the record says a wrong -doing.
Was it Mr. Crowder's wrong doing? Was there bribery? I mean, what...
and you say there's no innuendo. I think that that man is entitled to his
day, you know, in court and if there is something that is wrong, then if
it's criminally wrong, the State Attorney should know about it. I think
I as one member of this Commission, and Mayor should certainly know about
it, and I would certainly vote on it if I knew what I'm voting on. I
do not know what is wrong.
C
Mr. Cosgrove: But you have voted that way which means now that you, the
City Manager is left with negotiating number one...
Mr. Dawkins: Mr. Mayor, may I have the floor. Mr. Knox, there was a
motion on the floor and the motion was to, if I'm in error, someone correct
me, that we throw out the first and renegotiate. The motion was seconded
by me. The vote was called, the vote was 3-2 for defeat of that motion.
Am I correct?
Mr. Knox: Yes, sir.
Mr. Dawkins: So in the defeat of that motion, then that means then that
the Mayor, the Manager's recommendation to renegotiate is null and void
because, and this gentleman here says it's in effect as it was awarded
to whoe'vcr it was awarded to. Am I right or wrong.
Mr. Plummer: Not awarded.
Mr. Cosgrove: The right to negotiate.
Mr. Dawkins: So then we do not have to come back here at the next
Commission meeting to negotiate because we just said here right now
I mean, for the Manager to go ahead and negotiate for this. The Mayor
voted for this. Now I don't have to come back here next week and sit up
here for no explanation for the Mayor.
Mr. Knox: It would... Commissioner Dawkins, it would probably clarify the
record and perhaps the directions to the City Manager. The situation
now is that the measure did fail. However, on the record the City
Manager did indicate that he was his desire, or he could not feel that he
could carry out his professional responsibility with number two or number
three. He would need, I would think, some direction from the City
Commission respecting whether or not he has to do...
Mayor Ferre: That's right. And I'll tell you why.
Mr. Knox: As to whether or not the City Commission would direct him to
deal with the person who finished second in the competitive process. Now
the State law, to respond to Mr. Cosgrove, does indicate that three
competitors shall be selected, and it does indicate that if a contract
is not consumated with number two, then the agency shall endeavor to
consumate a constract with number one and the agency shall endeavor to
consumated a contract with number two. The difficulty is, as Mr. Howard
Gary has indicated, that Mr Gary on behalf of the City as its contract
negotiator, does not believe because of his investigation of the process,
does not believe that he in the best interest of the City can negotiate
with number two and thereby has recommended that the entire process
be thrown out. So he would either have to be directed to negotiate or
endeavor to consumate a contract with number two, or the City Commission
could defer a decision about that until the fact finding report has been
made that the Mayor has requested.
Mr. Cosgrove: That would be fine with us if you want to defer it.
Mr. Dawkins: So the Mayor is saying then that we...at least by his vote
we all are deferring it until we get more information.
Mayor Ferre: That's precisely the point.
Mr. Cosgrove: That is acceptable as long as we understand what we ... where
all the parties stand.
Mayor Ferre: And again, I want to state on the record that it is not
my intention to disagree with the Manager. It is simply my intention to
put the matter of principal that I do not want to vote on something that
I am totally ignorant on. And I'm going to admit that I'm totally ignorant
on it. I have not been informed. This is what I received today. That's
it. And that's what I know about it. That's it. If Mr. Plummer or
somebody else on this Commission has other information that I am not
` ,N
Mayor Ferre (continued): aware of, then I would ask either that he reveal
it, or that the Manager inform me of the same thing that other members of
this Commission might know so that I can vote accordingly. All right,
anything else on that?
STATUTORY CHANGES IN 1981 BLOCK GRANT PROGRAM
5. (a) RESCIND FUNDS TO ALLAPATTAH DEVELOPMENT AUTHORITY AND
TRANSFER THEM TO A HOT MEALS PROGRAM
(b) APPROVE GENERAL POLICY AS PRESENTED BY ADMINISTRATION
Mayor Ferre: Are we now on item "B"? Item "B". Discussion of changes
in the CD Block Grant Program for 1981.
Mr. Gary: Mr. Mayor, at this time, I would like for Mrs. Spillman to
explain the changes that occurred in the Community Development Act pursuant
to the Reagan administration.
Ms. Dena Spillman: Good afternoon. My name is Dena Spillman. I'm Director
of the Department of Community Development for the City. I'd like to
welcome Mr. Dawkins and Mr. Perez and congratulate the Mayor. I'd like
to just take a very few minutes and bring you up to date on the changes that
took place in Congress on the Community Development legislation and it does
affect the City of Miami in two different ways. One is, as you are aware,
President Reagan has cut the Federal budget which has affected the
Community Development Program. As it stands right now, our Sth year
grants which will begin in June of 1982, will be reduced from $10,900,000
to $9,800,000 which is a 10% cut in the grant. It's a lot of money. If
Reagan's budget proposals pass this time, we will be cut an additional
12% which will bring out grant down to $8,600,000. Every time we get cut
we can do less programs in the neighborhood. That's something we need to
understand. We will know in January of 1982 what our final grant amount
will be and I will inform you at that time. The other changes which have
taken place and which I need your guidance on today are on programs
regulations. The Reagan administration has made the program extremely
flexible. All the old rulea that we used to work under are no longer
in effect. There have been changes in citizen participation. We no longer
have to have a formal citizen participation system. We can have one
meeting a year, we can invite everybody and that's the end of that. As
you know, we have had one of the most intense systems in the country. Our
recommendation on this item is to continue with the existing system
through this planning year which will take us into May, at which time we'll
meet with the community and with you to determine how we want to proceed
on this matter. That means we would keep the board system and the forum
system, the chairman and we will continue until such time as you change
the system. The planning schedule needs to be revised in that we no
longer have to get as many other agency reviews. We're asking that it
be extended. Our public hearing which is ususally be held in February,
be held in April of next year because you don't have to do it as early.
The third thing, and this we really need to look at over the next year,
although we don't feel that we should change it right now, is that we
no longer have to have CD target areas. No more NSA's, nor more target
areas. The only thing we have to do is deal with low and moderated income
people, areas of slum and blight, or areas of urgent need. We are
recommending again, that for the next year we keep our target areas, we
keep our NSA's and during the course of this next 6 months we discuss
with you how you would like to see the program change and make recommendations
on that. And that's basically... there's one other thing. And you don't
have to do anything about it now but it's extremely important. Congress
has implemented a new policy whereby we must cut our social service
program funded under community development down to 10% of our total
grant. We are now at 15 1/2%. And also we have a larger grant now
than we will have in the next two years. So over the next three years,
we're going to have to decide how we want to make this cut. We will be
coming back to you in several months with our recommendations on how we
can do this.
.10 Novi < 110��
q,
0
Mayor Ferre: Are the...is the Day Care Program coming from CD?
Ms. Spillman: Yes. Some day care programs. And as well as our
Economic Development Program. It's going to be a very difficult decisions.
I just thought I'd warn you ahead of time. If you agree with the way we
would like to continue, we will continue in that manner and come back to
you later for discussion.
Mayor Ferre: All right, Joe. C.D. area and I think this is the place....
where I'm RoinR to address myself a little to that Allapattah area, but
I didn't want to do that until you were finished.
Ms. Spillman: If you direct me, I will continue the way...
Mayor Ferre: I'm just going to -express my own personal opinion on this
Dena. I think that you, and I assume it's the Manager's recommendation
on this carefully thought out, and I fully support what you're recommending.
Now I would like to, however, address myself specifically to I think
observing the past couple of months in the Allapattah area we have taken
$50,000 and given it to two programs, parallel programs. Okay? Now
I saw, is Mr. Urra still here? Now your operation is called the
Allapattah Development Authority? No, that's the other one. Now the
Allapattah Development Authority did not have the approval of the community
based...of the board. And we did that because there was some confusion
as to what ......(microphone failure) .......... I think that we would be a lot
better off giving that money to the Hot Meals Program. We already have
one economic operation going. So I'll tell you what I'd like to do, I'd
like to have the pleasure of doing this personally. Do you want to
second it or do you want to make the motion? I'll second it? Either
way you want.
Mr. Carollo: Well, I wouldn't want people to talk about you, Mr. Mayor,
if you second the motion, so you could make it and I'll second it.
Mayor Ferre: Okay. That means I'm going to have to give the gavel to
the senior member here. I would like to move you, sir, that the program
that the money allocated to the Allapattah Development Authority in
Resolution 81-852.1 is hereby rescinded. That those, as of today, and
that they be so advised that they will have no further monies, that those
monies be dedicated to a hot meal program. I think there is a tremendous
need in this community, and following Commissioner Plummer's previous
statements that our first priority is to feed people. We have senior
citizens and others who need that money for a meal. And that money
would be allocated to that same area. I think it should, it's only fair
that it remain the Allapattah area. But that it be specifically...
you decided how it's done. But I think specifically to hot meals in the
Allapattah area.
Mr. Gary: Mr. Mayor, the money you want earmarked is the money for the
organization that was not supported by the community.
Mayor Ferre: That's correct. In other words, it is the Allapattah
Development Authority, Inc....it is the Allapattah Hot Meal Program.
Whatever it's called. What's the name of the hot meal? Allapattah
Community Action, Inc., but specifically earmarked for hot meals.
Mr. Plummer: Is there a second?
Mr. Carollo: Second.
Mr. Plummer: Under discussion? Dena, under discussion, is there something
in the back of my mind that tells me that that was a special grant only
for economic development?
Ms. Spillman: No. That's our regular Community Development funds.
Mr. Plummer: Rather than that special grant. Okay. Any further
discussion? Hearing none, call the roll.
The following motion was introduced by Mayor Ferre, who moved its
adoption:
MOTION NO. 81-929
A MOTION OF THE CITY COMMISSION RESCINDING PREVIOUSLY
PASSED R-81-852.1 WHICH ALLOCAED FUNDS TO THE
ALLAPATTAH DEVELOPMENT AUTHORITY; FURTHER DIRECTING
THE CITY MANAGER TO ADVISE THIS GROUP THAT NO FURTHER
MONIES WILL BE FORTHCOMING, AND INSTRUCTING THE CITY
MANAGER TO IMMEDIATELY RECHANNEL THESE FUNDS TO THE
ALLAPATTAH COMMUNITY ACTION, INC., FOR THE HOT MEALS
PROGRAM ADMINISTERED IN THE ALLAPATTAR AREA
Upon being seconded by Commissioner Carollo, the motion was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
Mayor Ferre: Now Dena, also on CD, there was another matter that I wanted
to talk to you about CD. Let's see if I can remember...we didn't have
a problem with Edison.
Mr. Plummer: Not in this same area.
Mayor Ferre: Do you remember what it was, Dena? I think you and I
talked about it before. There is a CD problem. I'm sorry, I can't.
Are there any other questions on CD? Do you want a formal motion that
we approve the policy, Mr. Manager
Mr. Gary: It would be good, Mr. Mayor.
Mayor Ferre: What's the will of this Commission?
Mr. Plummer: The policy in reference to the overall?
Mayor Ferre: Item "B", specifically items 1, 2, and 3. What's the
will of this Commission?
Mr. Carollo: Move.
Mr. Dawkins: Second.
Mayor Ferre: Its moved and seconded. Further discussion? Who moved
it? Carollo moves, Dawkins seconds. Further discussion? Call the roll.
.12
NOV 1981
14
I
The following motion was introduced by Commissioner Carollo, who
moved its adoption:
MOTION NO. 81-930
A MOTION APPROVING IN PRINCIPLE THE THREE ITEMS REPRESENTING
STATUTORY CHANGES TO THE COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM, AS PRESENTED BY THE ADMINISTRATION THIS DATE
Upon being seconded by Commissioner Dawkins, the motion was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
6. DISCUSSION OF ROOFING OF WEST COURTYARD OF COCONUT GROVE
EXHIBITION CENTER
(a) PROCEED WITH SELECTION OF ARCHITECT/ENGINEER
(b) APPROVE GENERAL POLICY AS PRESENTED BY ADMINISTRATION
Mayor Ferre: All right, we're now on "C".
Mr. Gary: Mr. Mayor, if you recall, we have been talking about a roof
for the courtyard area of the Dinner Key Exhibition Center and this began
I with Mr. Pearl who puts on the annual boat show. We have a request from
people who are interested in the ASTA Convention, American Society of
Travel Agnecies, to do the same thing. At this point in time, I would like
—I for Mr Vince Grimm to discuss with you the pros and cons of financing a
courtyard roof, at least a roof in that courtyard area and what will be
the obstacles we will be confronted with if we do so.
1
Mr. Grimm: You provided $348,000 to roof that area more than a year ago.
Unfortunately that sum of funds is not gnough. If you pass item 8 today,
you will provide an additional $302,000, which still may not be enough.
What we are suggesting is that you authorize us to hire architectural
engineers to design a roofer alternate to give us estimates as to their
cost and maybe in fact bid them so that you will know exactly what financial
burden you will be faced with and then be in a position as to whether to
proceelor not. Now Mr. Sheppard and Mr. Pearl and other representatives
of .the community are here. I do want to exercise at least some restraint
on_your part and that is not to place a burden on it, but this roof must be
done by October of next year. That could create a problem for us that is
not easy to overcome.
Mayor Ferret Before I recognize Mr. Sheppard and the others, tell me once
again which are the items that we are taking off.
Mr. Gary: 19 & 24,
Mayor Ferret Items 19 and 24 will not be heard today.
Mr. Gary: And 14a.
Mavnr Terre:_ 14a,vill not be heard today, that is the Haitian American
Community Association,, Item 19 is the allocation of Federal Revenue
Sharing Funds and 24 is the Quality of Life Fund -City Wide Events and
Community Festivals.
Mr. Gary: Mr. Mayor, 14 and 14a, they are related.
Mayor Ferret 14 and 14a will not be heard.
Mr. Gary: I would lik,b to point out that Item 24a and 25 relate also to
Item 24 which you just postponed. Now the reason we separated those out
is because the Hispanic Heritage Festival has already occured, they need to
have the money.
(INAUDIBLE BACKGROUND COKMP.iT PLACED OUTSIDE THE PUBLIC RECORD)
Mr. Gary: First of all, I think we should maintain our position for two
reasons. First of all, the City Commission passed a policy that stated
those organizations that we have funded in the past, which events that
have already taken place, we will fund them, and those people proceeded in
that direction. And the third, let me finish, I did not interrult you.
The third thing is that the committee even though there is a resolution that
says that the committee should do certain functions, it is the opinion of
this staff, and first of all the committee is advisory and no. 2, we thought
some changes should be made for the benefit of the community.
(INAUDIBLE BACKGROUND M01ENT PLACED OUTSIDE THE PUBLIC RECORD)
Mr. Sheppard: My name is J. Skip Sheppard representing representing the
Greater Miami Hotel Association and the host committee at the convention
here in October 1982. As for the recommendation in the memorandum as sent
to you by Mr. Grimm, all we are asking at this time is for the Commission
to allow him to hire architects to check the engineering and analysis of
the rooms. We also have with us today some of the people who are interested
in having this 100,000 sq. ft. of unobstructed space to provide exhibition
space for some big exhibitions that we can get this of Miami Beach, instead
of Miami Beach getting them. We've got 5 or 6,000 hotel rooms coming on
board very soon, first class hotels. In order for us to get some of these
big conventions we are going to need exhibition and space. If I may, may I
call on some of these. We have Larry Pearl here who operates the boat show
.14 NOV .-���
and the home show. Larry.
Mr. Pearl: For any number of reasons as we have discussed in prior appear-
ances before the Commission,}vtel rooms and meeting conventions and we our-
selves put on boat shows and home shows and recreational vehicle shows. We
are talking about extending the facility that now has less than 70,000 sq.
ft. in value I have heard at some 15 million dollars, adding one-third as
much capacity for less than $700,000. Good business sense, I believe.
I think that the City is going to show that revenue from doing this will
more than pay for the expenditure. Most important, we have gone out, I
have gone out myself, contacted architects and builders. I have a commit-
ment as recently as two months ago that this area can be enclosed, can be
air conditioned, can be completed in four months time at a cost of $650,000.
Mr. Dunn: My name is Charlie Dunn, I am the Executive Vice -President of
the Florida Nurserymen and Growers Association and our office is in Tampa.
At the present time we are in discussion with the City of Miami concerning
a 10 year contract to move our January tropical plant industry exhibition,
which is the largest horticultural show of indoor plant materials in North
America. The show represented of the sellers of this material, we are very
interested in developing a world-wide market and we are very concerned about
the extension at Dinner Key Auditorium. The growth that that would allow
us is needed very much by our organization to meet our demands in the future,
and action in this area will finalize our decision concerning the possibility
of locating in the City of Miami for 10 years.
Mr. Scully: Mr. Mayor, my name is Robert Scully, President of the World
Orchid Congress, Inc. This tri-annual event is held some place in the world
every three years as I indicated. We have been successful in inducing this
group, a large contingent of horticultural people to come to Miami to parti-
cipate in the activity in March, 1984, contingent on the availability of a
large enough facility to house this huge show of orchids. We need that
facility in 1984.
Mr. Logan: Mr. Mayor and Mr. Commissioners I am Vic Logan. My company is
Positive Results in Miami. I produce the Miami Summer Boat Show at the
Coconut Grove Exhibition Center and the Wonderful World of Business Show
there in September, and I am planning on bring two additional shows to the
facility. We badly need the air conditioned court yard roofed over. We
have a situation right now where in the fall, Mr. Pearl's boat show has the
potential of using the tent right now as a tentative measure because it is
a little cooler in the fall, but when the summer comes around, if you put
a tent over that facility, your people would roast. And I have 28,000 sq.
ft. of space there that my exhibitors say is totally unusable if it is not
air conditioned and roofed. So I would urge you to do one thing. The archi-
tects and the builders, there are two of them that have given Mr. Pearl and
myself the information that they will definitely be willing to do the job
for $650,000. I would ask you to please not defer and continue to push
this aside for great periods of time, but if we know that there are people
that can bid and are willing to do the job for the $650,000, I would ask
you at this time to approve an expenditure of $700,000, let them go out
and get the bids as long as it falls within that range. The summer boat
show itself happens to be in July and we need to proceed.
Mr. Marina: My name is Jose Marina, I live at 5555 N. W. 36th Street.
I am the president of Exemia Exporters and Importers International.
First of all, I would like to congratulate Mayor Ferre for his reelection
and the elected Commissioners, Mr. Perez & Mr. Dawkins. As the promoter
of events and International Trade Fails ,I think I would like to say it would
be wise to install in the courtyard of the Coconut Grove Exhibition Center
The interest that a promoter would have to see a roofed in top is he will
not have to go to a private company and pay a high price and still have to
deal with the installation of a canopy or tent. As an exhibitor, the problems
I see is that the exhibitor has to deal with the getting his merchandise
and move out with the county. I am hop-
ing that the City of Miami takes this into consideration. I will
also like to wish that the Commissioners and Mayor Maurice Ferre a very
productive and rewarding tenure. Thank you.
.15 NOV r 1981
Mr. Endy: Mayor Ferre, my name is Joseph Endy. I am the president of the
Greater Miami Host Committee and a former president of the South Florida
Chapter of A.S.T.A.
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD.
Mr. Endy: There will be anywhere from nine to twelve thousand people at
this convention specifically and they are the travel leaders of the world,
including the United States. The thing that I want to make very apparent
as this has specified, a 100,000 feet under roof, and they have already in-
vestigated the possibility of moving the trade show as well as the educa-
tional seminar to the Miami Beach Convention Center, so it is very possible
that we can have the convention here and yet the trade show and all of the
educational seminars being in Miami Beach if we do not have this enclosed
roofed in air-conditioned area by October loth is the exact date.
Mayor Ferre: That's when your convention comes in right? Well, okay. Anybody
else?
Mr. Sheppard: Thank you. That is why I say let's all try to find, get
permission for them to get an architect to check it out.
Mayor Ferre: Mr. Sheppard and gentlemen, those of you that have written, as
I understand it, what you are asking us to do is to proceed with the selection
of an architect and and engineer and if it can be done by October of next
year, you are asking us to proceed, but if it cannot be done, then you will
have to come back and discuss it further, is that right, Howard. Is that
your recommendation?
Mr. Gary: Well, our recommendation is to get authorization for the 700, but
we want to take the first step now and hire the architect and the engineer
because of the emergency nature and come back to you with the information.
Mayor Ferre: You want to do it that way then?
Mr. Gary: Yes, then you make the decision once you get the information as
to how to proceed.
Mayor Ferre: Alright, what is the will of the Commission? Motion by Plummer,
second by Dawkins. Further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION NO. 81-931
A MOTION DIRECTING THE CITY MANAGER TO PROCEED ON AN
EMERGENCY BASIS WITH THE SELECTION OF AN ARCHITECTURAL
AND ENGINEERING FIRM IN CONNECTIION WITH THE PROPOSED
ROOF ADDITION TO THE WEST COURTYARD OF COCONUT GROVE
EXHIBITION CENTER.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
ON ROLL CALL:
Mayor Ferre: I agree with the exhibitors who make the statement that we
must show a sense of urgency on this, so therefore I think that we should
move here that if after the studies are done and after the architects are
.16
! selected, you can immediately; so that you don't waste a week or two weeks
between Commission meetings, if it can be built for under $750,000, that we
immediately proceed to do it and that might save you two or three weeks.
Mr. Gary: I Would even go further by allowing us to go ahead and get the
architect now and proceeding.
Mayor Ferre: Well then, I would like to make that part of the motion, in
other words, you be instructed to do this on an emergency basis, always
within the law, that you select the architect and that you move forthwith
to selecting of the contractor on a bid basis, provided however, that if the
bid comes to over $750,000 you will have to come back to the Commission.
If it is under $750,000 you can proceed immediately and try to target it
to October of next year.
24r: Grimm: Mr. Mayor, so there is no confusion, if I may..we can pro-
bably build a auditorium, roof for $650,000. But it is not what the ma-
jority of the Users want. That space would have a lower ceiling and would
be obstructed by columns. What we are trying to achieve is, as much as
possible, an unobstructed 30 foot high ceining in that area. That is what
our objective is going to be. That is what complicates the problems a
little bit. I want everybody to understand that.
Mayor Ferre: Does anybody have any problems with that? I don't. I think
obviously the orchid shows could care less, but the boat exhibitors and
the other people who need that 30 feet clearance, right? Alright, are we
clear on that? Is there a motion to that effect?
Mr. Plummer: We can incorporate it in the last one. Fine. So moved.
Mayor Ferre: Plummer moves, Dawkins seconds. Does everybody know what we
are voting on? Okay, call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 81-932
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER
TO PROCEED WITH CONSTRUCTION OF THE ROOF ADDITION TO
THE WEST COURTYARD OF COCONUT GROVE EXHIBITION CENTER
ON A PUBLIC BID BASIS, PROVIDED, HOWEVER, THAT THE COST
OF SUCH CONSTRUCTION DOES NOT EXCEED $700,000.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vi (e Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
7. USE OF RESORT TAX REVENUES FOR ORANGE BOWL IMPROVEMENTS.
Mayor Ferre: We are now on Item D - Dade County allocating resort tax
revenues for Orange Bowl improvements.
Mr. Gary: I submitted to the City Commission a memorandum explaining the
recent actions taken by the Tourist Development Council with regard to the
use of City allocated funds from the tourist tax on the Orange Bowl, and
.17 NOV ; ., i"�
I was concerned that the precedent set by the County Commission for the
TDC, with regard to utilizing a portion of those funds as seed money for
the Sports Authority is now being eroded further, as they are now request-
ing that 50• of the funds dedicated to the Orange Bowl now be used for
Advertising. This was approved by the Tourst Development Council on a
nine to zero basis, am I correct Commis$ioner. What was the vote,
5 to 3, and I thought it was important for the City Commission to know that,
in view of the fact that we may have less money for renovations and structural
repairs to the Orange Bowl based on this 6ecision and I think it may be ap-
propriate if the Mayor so desires that the County Commission be informed of
the City Commissions policy with regard to this matter.
Mayor Ferret Well let us ask our representative, J. L Plummer how that
came about and how he feels about it.
Mr. Plummer: Mr. Mayor and members of the Commission, and especially the
new members, let me bring you up on how the 2% resport tax is in fact
utilized. There is 40% of that tax goes to general advertising for promo-
tions and tourism. 20% of that tax goes for cultural and arts. 20% of
that goes for sports. Let me back up. The first segment was 50%. 50%
for general promotional and tourism, 20% for cultural and arts, 20% for
the original passed by the referandum, improvements to the Orange Bowl and
10% for adminstration. So that is the breakdown on how it passed at the
referendum. The County then created a Sports Authority, of which I stood
as your member and delegate to that Sports Authority as well as
Raul Masvidal and Garth Reeves. They are the three members of the Sport
Authority appointed by the Commission.
Mayor Ferre: Now, they serve at the will of the Commission?
Mr. Plummer: I can't answer that.
(INAUDIBLE COMMENT NOT PLACED INTO THE PUBLIC RECORD.)
Mr. Plummer: Some two months ago, there was a motion made by the Sports
Authority that they had no funding, that they had no funding even to exist.
That money had to come from General Aministration funds. Then there became
a very legal question. -Could in fact, the wording of the 20% devoted to
sports, could that money be changed without a referendum of the people and
use that money for the -Sports Authority as well as the Orange Bowl. That
matter was decided by the County Attorney, the answer being 'yes'. That
could be changed without a referendum. The County did such. They changed
it. That allowed that there could be money from sports funneled into the
Sports Authority for all of the programs that are going on there as far as
the domed statium, the site, the selection, the whole nine yards as well
as administrative costs of the Sports Authority, and still have money for
the Orange Bowl. Out of the clear blue sky at the last meeting of the
Sports Authority, excuse me the TDC, which is the umbrella committee, all
of them being recommended only as this is not a final decision, came a
motion by Mr. Ronnie Fine that both of these entities be cut by 50% for a
period of 1 year and that that other 50% go back into advertising, solely
for the purposes, they felt of trying to overcome the stigma created
about Miami in the media. That motion failed.lbw,here is the problem.
They are seriously considering —first of all let me tell you that to date,
that 20% for the Orange Bowl has paid for improvements to the Orange Bowl
of 2.7 million dollars. The request for the coming year of Mr. Gary is
for $500,000, approximately. It is just short of that. They are trying to
hack that $500,OOQ down to $100,000. That is there contention, that only
$100,000 is lbgitimate, that the other $400,000 can wait. So basically,
the question that Mr. Gary is raising today, No. 1, does this Commission
agree with the County Attorney who said that that wording which was sub-
mitted to the referendum and passed, can it be changed without a referendum.
Do you agree with that. Second of all, does the Commission agree that
half of that money, or near half of that money will go to fund the Sports
Authority, or it will not, and finally, it resolves itself down to the ques-
tion of the City owned Orange Bowl in which Mr. Gary has requested $500,000
for the upcoming year be cut to $100,000. Mr. Mayor, I think that would be
a fair report and I would answer any questions you might have. For the
record, I voted against cutting of the funds for the Orange Bowl in behalf
of the Commission. Now I think.....Cesar, if you have anything to add,
please do.
Ll
4\
Mr. Adio: The County Commission did turn this down. They did not vote on
it.
Mr. Plummer: They didn't approve or disapprove.
Mr.Odio: It seems now they are having a workshop on Monday that will be
from 9:30 to 12:30 at the Dupont Plaza where they are going to be discuss-
ing this further. In an emergency meeting held previously, I think it is
a workshop committee that they created and Mayor Clark called for this
meeting and that they are going to discuys it further on Monday morning.
Mr. Plummer: Well also, it is unfortunate that they called the meeting for
today of the Sport Authority, fully knowing that I was tied up here all day,
so.I guess I will read about it in the paper what took place. I am sure it
was by accident and not by design. So basically, that is the question as
to%this Commission setting its policy as to which way it feels it wants to
go.
Mayor Ferre: Your recommendation then is to take a position on
it, is that right?
Mr. Plummer: Well I think Mr. Gary is asking for some sense of direction
as to how he shall go, for example, I feel very strongly that this thing
was passed in the referendum and I think that first and foremost that Mr.
Gary's request for funding for the upcoming year should without question
be granted. I neike a motion that the policy of this Commission is that we
insist that the funding delegated to sports, that portion relating to the
Orange Bowl funding be granted by the TDC and the County Commission.
Mayor Ferre: This backs up the official position of the County when it
was taken to a referendum and this is what the people of Miami voted for.
Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption;
MOTION NO. 81-932A
A MOTION DECLARING THR PnLTry nF 7wr rTTy rnMMIccrn.1
- L "'
THAT FUNDING DELEGATED TO SPORTS, THAT PORTION RELATING
TO THE ORANGE BOWL STADIUM FUNDING BE GRA.1TED BY AU
T.D.C. AND THE METRO COMMISRTnN.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
Mr. Plummer: Mr. Mayor, I would go to the next point by suggesting or a
motion that the City Attorney be advised to look into the ruling of the
County Attorney and see if in fact he concurs that the County make changes
without resubmitting to a referendum.
(INAUDIBLE COMMENT NOT PLACED INTO THE PUBLIC RECORD.)
Mr. Plummer: Yes. If he is ready..I would always hope he is always that
prompt.
Mr. Knox: Mr. Mayor and Members of the Commission. Without appearing to
rubber stamp a decision by the County Attorney, I can advise you that our
Mayor Ferre: Mr. Knox, I don't think you have to worry about anybody
thinking you would rubber stamp, not on this Commission.
Mr. Knox: Our research has indicated that the County did have the power to
make amendments, as a matter of4fact we have copies of our opinion that we
N04
ZV V
{l t J:
will distribute to the Commission, and in essense would indicate that the
plan that was adopted and voted upon by the people cannot be substantially
amended except by ordinance inacted by an affirmative vote of a majority
plus one so what the state required was an extraordinary majority vote from
the County Commission in order to amend the ordinance.
Mayor Ferre: Wait, I didn't catch that. It can be amended, but it must be
a majority plus one, which means if they are 9 and the majority is 5, then
they must have 6 votes.
Mr. Knox: 6 votes, yes sir.
Mayor Ferre: By 6. In otherwords, what you are saying is what they did
was legally within the law.
Mr.: Gary: In first reading.
Mr. Knox: It was only on first reading at this point.
Mr. Gary: I think what is important to you at that legal opinion, they
have given themselves the autority to make changes, but they have not
made a change as of today. It appears that, in view of the fact that the
manager is supposed to have a policy, it seems to be a political decision
in terms of getting to the County Commission itself, :.o try to get them
not to proceed with making any changes with regards to Orange Bowl funds.
I think in terms of direction, we can take direction in terms of saying
why it should not be done, but I think the City Commission as a body and
as individuals should lobby the County Commission pursuade them not to
fulfill that action.
Mayor Ferre: Well, what should we do next as your recommendation, Mr.
Manager:
Mr. Gary: I think the motion and the resolution should go to the County
Commission, but I would hope that the Mayor would proceed in terms of
trying to convince the County Commission not to proceed forward. And I
think that the most important thing that needs to be taken into considera-
tion, it is important to try to improve our image and make money. It is
also important to make sure that the lives of the people who go to those
games are protected also.
Mayor Ferre: Alright. If you will inform my office when that meeting
is, as I might be out of town. If I am here, I would be happy to go,
but if I am not here I would like to ask that Commissioner Plummer to go.
Mr. Plummer: I have no problem with it, but I think it would be wrong
for me to go there and represent this Commission's opinion, yet go back and
sit as a member.
Mayor Ferre: You have already voted as a member of that Authority, and
you would be representing your vote and opinion consistantly, now there
again, I see no problem with you going.
Mr. Plummer: I have no problems with it.
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mr. Plummer: Oh I will be there at that, yes.
Mayor Ferre: Is there anything else to come up before the Commission on
Item D.
Mr. Gary: I would further add that we probably need to have the City Com-
mission go to the County Commission if it gets to the point where they are
going to vote.
Mr. Plummer: Mr. Mayor, may I also, for the edification, bring up something
that is going to be causing us some real serious problemsvery quick. Mr.'
Mayor, part of the problems, and I hope I am not confusing you new members.
That 20% of the tourist tax that is devoted to the cultural arts and
.20 NOV
I
special events is now being changed. That money is going to go back into
the General Fund of the tourist tax. Let me tell you what is happening, so
you will know. Whenever the Mayor, and rightfully so has had people come
here for funding for Calle Ocho or the African Festival, whatever the festi-
val may be, the Mayor has made it a part of the motion that only if you get
50% of your funding from the County or the TDC will we allocate the money.
There is no money and they now are telling all of these people the same
thing, go back to the City. I think this Commission, Mr. Gary needs to go
on record and very emphatically so telling TDC that parts of those monies
are being derived from the people of the City of Miami and that those
monies have got to be used for what they were intended and that is, special
events. because the people are getting bounced back and forth, ping ponged
back and forth and they are getting no answers and no money. Now, I think
that has got to stop, because the people, even if they get a negative ans-
wer and not what they want to hear, they are entitled to have an answer and
right now they are not getting it. The people from the Irish Day parade
went there. They got a little bit of funding and then they told them, go
back to the City and get the rest, and these poor people are just being
bounced back and forth, so I think a motion of policy of this Commission
needs to be reinforced to the Metropolitan Dade County Commission, that
those monies which were derived for special events shall be considered for
the uses of the people of the City of Miami as well as others.
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mr. Plummer: Well, I tell them that everytime I am there.
Mayor Ferrel Alright, is there anything else?
8. DISCUSSION OF POSSIBLE REVOCATION OF LICENSE FOR CABLE T.V.
Mr. Carollo: Mr. Mayor, if I may at this time, I would like to bring some-
thing back that I said'.I would not long ago. That, Mr. Mayor, has to do
with the Cable License that we awarded. At this point in time, Mr. Mayor,
I would like to present a motion to repeal the action that was taken by
the former maker of the Commission in as far as the Cable License that was
issued to T.C.I., Americable.
Mayor Ferre: There is motion on the floor. Is there a second to the
motion. Is there a second to the motion?
Mr. Perez: Mr. Mayor, I think that I would like to have more information.
I think that the cable is a hot issue in this community at this
time, since this is our first meeting, I would like to have more background
information about the whole story of the cable.
Mayor Ferre: The technical way to do this, you are only entitled to
do that so long as it is not a scheduled agenda item,
you can invoke the 5 day rule. The only way that that can be overridden
is if the Mayor or whoever Chairs this Commission calls for an emergency
meeting for that special information, and I don't think that I have ever
done that that I can remember in 8 years. Have I? And therefore..
Mr. Carollo: Mr. Mayor, and old members and new members of the Commission,
may I remind you that if we do not take action today, and if the Mayor
does not call a special meeting to take any action to that effect, that
comes the 18th of this month, it is going to be too late if we do repeal
the license and the City will be liable in a lawsuit.
Mr. Plummer: Today is the 12th, that would make it the 17th.
Mayor Ferrel I would have to call a meeting by the 17th.
21 E:
Mr. Dawkins: The motion dies for lack of a second, doesn't it?
Mayor Ferre: That is absolutely correct. That is why I did not invoke the
five day rule. What I was doing was, following procedure, which is, when
a motion is made there has to be a second. If there is no second and dies
for lack of a second, therefore there is no further discussion. So the
procedure we follow is, if I am going to invoke or you are going to invoke
then it must be before us and at this point it is not before us. Am I
right, Mr. Knox?
Mr. Knox: There has to be a motion and a second.
Mayor Ferre: So therefore to follow the technicalities of this, I will
once again ask, is there a second to Commissioner Joe Carollo's motion?
Repeat the motion.
Mr. Carollo: My motion, Mr. Mayor is for the license that was issued to
T.C.I., Americable to be repealed.
Mayor Ferre: Alright, is there a second to that motion, for the last time.
Mr. Perez: Mr. Mayor, I tried to find out about the 5 day.
Mayor Ferre: The only way you can invoke it with the Commission....
Mr. Plummer: If you second it, you can invoke it.
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mayor Ferre: The second is ... you see, we follow Mason's Rules. There is
nothing before us. In order to be before us, if you must second the
motion, or somebody must second the motion. For the last time, is there
a second to the motion.
Mr. Carollo: Mr. Mayor, if I may, since I did not get a second to get the
license repealed, then I would like to make a motion at this time to bring
the licensees, T.C.I. & Americable to a referendum.
Mayor Ferre: Is there a second? Is there a second to that motion?
Is there a second? Now that motion dies for the lack of a second.
Mr. Perez: I second the motion. I second Commissioner Carollo's motion.
Mayor Ferre: There is now a motion and a second. The motion and the second
is that the T.C.I. matter be taken, that the license be taken to a referendum.
Is that the motion?
Mr. Carollo: That is correct, Mr. Mayor. And since we received a second
to that motion, I would like to ask Mr. Knox the following question, can..
how can we work it out so that we could have the referendum and still,
T.C.I. & *Americable would not have any vested rights or interests before
the 18th?
Mr. Knox: In order to, at this point, based upon the action you have al-
ready taken in order to place the matter before the public on a referendum
to vote, it would be necessary as a procedural matter to repeal the ordi-
nance. Now I can tell you two things. The ordinance can only be repealed
by the adoption, the formal adoption of an ordinance which repeals it, and
based upon based upon scheduling of City Commission meetings. the effec-
tive date would have passed by that time. I can indicate upon the arrival
of November 19th, based upon action that you have already taken, the two
companies may begin to operate their business pursuant to your authority,
however, if the matter has not been...the right that T.C.I. or M.C.I and
Americable would have acquired is a right to have a court determine whether
or not they would have been prejudiced to their economic detriment, in
other words, they would have to prove that the equities lie in their favor,
because we do have the right at any time to amend or repeal legislation.
If the City Commission, in its deliberations determines that the question
should be put to a referendum vote, then the public record should reflect
that the companies would proceed to make expenditures at their peril. This
is in the nature or similar to a referendum pursuant to the so-called
.22 No �5
red flag period where persons who would be affected are put on notice that
there may be some action taken adverse to their interest.
Mayor Ferre: Mr. Knox, the Chair is going to rule in a moment on this
issue and it will rule based on the legal procedure at this point. It is
my understanding that for us to take this matter to a referendum; the proce-
dure under Mason's Rules must be the rescinding of the previous ordinance
which exists and is in effect. Now the rescinding of that ordi-
nance can only come about if a motion is made by a member who voted on the
prevailing side. Since Commissioner Carollo did not vote on the prevailing
side, then he is legally unable to make the motion to rescind. Now, the only
question that I have is, since this is a new Commission, and he was part of
the old Commission, does he have the •right on this new Commission, even
though he did not vote on the prevailing side, to make the motion?
Mr. Knox: There are two parts to that Mr. Mayor. In the first place, if
the City Commission decides that its will is to take the question on the
ballet as a referendum, the only way procedurally that it can be done is
to'repeal the existing ordinance and as to the question of the propriety
of Commissioner Carollo's motion, I can only say that since action has al-
ready been taken the traditional rules that would apply to a reconsideration
do not apply, and the City Commission at any time pursuant to its charter
invested power may repeal, modify or amend its existing ordinance. He has
a right to make a motion to repeal an ordinance.
Mr. Plummer: Alright, let me ask you a question. You can that the only
way it can go to a referendum is to repeal the present ordinance. What are
you going to subject to a referendum? What would be subjected to the voters?
To vote on what?
Mr. Knox: Well, as a technical matter and to avoid using legaleze, the en-
tire ordinance would be presented to the people to determine whether yes or
no to that ordinance.
Mr. Carollo: It would be a 'yes' or a 'no', whether othey wanted the companies
or not.
Mayor Ferre: In other. words, the ordinance has to be rescinded. That would
be the first step. The second step —the ordinance itself, the motion Mr.
Carollo could now make..I move to rescind the previous ordinance...
Mr. Plummer: only the effectiveness of the ordinance, but not the ordinance
itself. The effective date...
Mayor Ferre: That is the ordinance itself. Th§ second motion would be "I
now move that that ordinance now be placed before the people as a referendum.
Mr. Plummer: Oh, I see.
Mr. Ferre: Is that correct?
Mr. Knox: Yes sir.
Mr. Ferre: Now Joe, you have to do this over. Withdraw your motion, and
cone up with your new motion.
Mr. Carollo: Mr. Mayor, I withdraw my motion, I assume that the second has
withdrawn. According to the advice that the City Attorney has given us, I
now make a motion to rescind the previous ordinance establishing T.C.I.,
Americable the license to have cables in the City of Miami.
" Mayor Ferre: Is there a second to that motion?
Mr. Perez: I second the motion.
Mayor Ferre: Perez seconds the motion. Now the question is before us.
Discussion?
Mr. Dawkins: Okay now, we are talking about the referendum. Its time consuming.
Mr. Plummer: No, not now. That is not what we are speaking to on this
.23 N T I : •.
1
ordinancq.
Mr. Carollo; That is where we are headed to.
Mr. Plummer: That is where we are headed to, but we are not speaking to the
motion. The motion itself is to repeal. Then, if that happens, then you
can go to the referendum vote.
Mayor Ferre: The Chair will move that Commissioner Dawkins has the right
to talk about the full extent of this, -because obviously, you are speaking
to the motion, that is where we are headed~
Mr. Dawkins.: I appreciate the Mayor being generous enough to bear with me
through this learning procedure. Here we are. I understand that we are
talking about a referendum and another 100,000 for a voting. That's one
thing. I just can't see delaying it any longer. I just had to say that
and get it over with.
Mayor Ferre: On the 18th of this month, Mr.
standing we will have $4,000,000 deposited in
they will be under construction and they will
in what, two years?
City Manager, it is my under -
the bank and we will also,
have a cable system beginning
Mr. Gary: Within two years, but they cannot begin construction immediately,
for the mere fact that we have to approve the design of the system.
Mayor Ferre: The City of Miami will start getting revenue when?
Mr. Gary: The first year..$900,000.
Mayor Ferre: And, how much do we get a month?
Mr. Plummer: It depends on how many people hook up.
Mr. Gary: No, it is not based on that. Minimum of $500,000.
Mayor Ferre: The maximum on a monthly basis is what, $50,000?
Mr. Gary: Roughly.
Mayor Ferre: $50,000, okay? And, if we went to a referendum on this, it
would be several months before, and it would cost that much, and all of
that, right?
Mr. Gary: Yes sir.
Mayor Ferre: Plus we wouldn't have the use of the $2,000,000. In addi-
tion to that I want to point out that the City of Miami is in the United
States of America and in the United States of America we have a republican
democracy. It is republican form of government. People are elected to
make decisions. Now I want to say that one of the three main things
that my opponent in my last election attacked me on was on cable television.
I stood firm. I stood form. If the people of Miami had felt sufficiently
strong against my vote on any of the issues that I was attacted on, any
of them, I would not have won the election. If I was not removed from
office when the Mayor of Hialeah was removed, the Mayor of Miami Beach and
a member of this Commission was removed by the will of the people. It is
therefore -my conclusion, that my position in these matters strong
enough for anybody to have defeated me. That does not mean
that it is a substitute for a referendum, no I don't mean to imply that,
but it does mean that people did not feel strong enough to throw me out of
office for this particular issue.
Mr. Carollo: Maurice, I will tell you, I think that the citizens of Miami,
just like myself were aware that there are many, many issues in which to
consider in the selection of a Mayor. I don't think that you could vote
for against someone on just on any one or two given issues. There are some
people that do that, but for the most part, I think voters, especially voters
in Miami use logic, and just don't vote for or against someone on one issue.
.24 NOV - 1,01
In fact, if I would have had just that one issue to consider between you
and your opponent, I don't think I would have endorsed you, but there were
many other reasons and other issues that I do not agree, and I was concerned
with your opponent and that's why I endorsed you.
Mayor Ferre: I accept that, Joe. And I accept that this is another issue,
for example, Watson Island, and other issues. That does not necessarily mean
that people who voted for me approve of either the cable TV or Watson Island.
I know that, I accept that, but the point I am trying to make is, we are
elected to make decisions and some of them are hard. I know that
not always consensus on some of then and I hope they will on most. Now,
the point is, we have a motion and a second.
Mr. Dawkins: I was not here during the controversy on Americable, but I
campaigned on the street on the promise that I would work for two things.
One of them was the development of the Overtown area and for jobs. Ameri-
cable is going to put its facility, I mean which ever one it is, I don't
care, one of them - the cable TV company is going to put its facility on
7th Avenue which is the Overtown area, which will be development in the
Overtown area. It also will create jobs and things for the area, therefore
my vote is not pro -cable TV, it is for the development of the neighborhood
and jobs.
Mayor Ferre: Further discussion? Alright. Call the roll.
MOTION DEFEATED. On motion by Commissioner Carollo
and seconded by Commissioner Perez, the foregoing
motion was defeated by the following vote:
AYES: Vice Mayor Joe Carollo
Commissioner Demetrio Perez, Jr.
NOES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
ABSENT: None
ON ROLL CALL:
Mr. Perez: Yes. I want to explain my vote. At campaign time I have some
strong commitment with the community, I would like to listen to the opinion
of the people of Miami. I request an opportunity at the next meeting
but I understand the technical reason, but anyhow I am completely in favor, I
understand also the position of the Mayor as he explained. But I must
favor the commitment that I made with the people of Miami at the time of
the election and I am in favor the opportunity to listen to the people of
Miami, that is why I vote Yes.
Mayor Ferre: I vote no for the reasons that I have explained before and I
did to the Commission that is behind us. It is now time to go ahead and
build Americable - T.C.I. I think that we have a magnificent contract
and I look forward to turning on the television set next year.
9. RESIDENCY/WORK REQUIREMENTS FOR MEMBERSHIP IN THE DOWNTOWN
DEVELOPMENT AUTHORITY.
Mayor Ferre: Now before we go into other issues, Mr. Manager, do you
have something to tell us about the F.E.C. I would also like to talk
about the Downtown Development Authority membership. There are some
members there that I am afraid do not meet the legal requirements of
membership and I just wanted to put it on the record. Mr. Knox, as I
understand it, the ordinance, the way it reads now reads that you must
either live in the City of Miami or work in the City of Miami. Now, I
would like to make an amendment to that, because I think that a person
should either live in the City of Miami or work within the boundaries of
the Downtown Development Authority. I don't think it is sufficient to
live within the —now it is alright for a person to live in the City of
Miami and not work downtown. That is okay. I understand that one.
What I don't understand is somebody who neither works downtown nor lives
in the City of Miami. Therefore I would like to move you sir, and I will
.25 NOV 1 2 1981
the gavel to Plummer. Well, why don't you keep it and I will let you
be the Chairman. I would like to move a change in the ordinance to be
discussed and voted on at the next Commission meeting that any member
of. that Downtown Development Authority that does not work in downtown
and does not live in the City of Miami automatically be removed. That
is the form of a motion.
Mr. Knox: May I say something under discussion Mr. Mayor? There has been
a question as to the definition of place of business as it appears in the
ordinance, that is, an individual who works for an organization that had
its corporate headquarters downtown, but that person actually works some-
where else. Can we also clarify that.
Mayor Ferret I intended that that person physically be in downtown Miami.
It is not acceptable for someone to live in Broward County who works in
the Little Havana area and be a member of the Downtown Development Authority.
So I so move.
Mr.' Perez. Call , the roll:
MOTION NO. 81-933
A MOTION DECLARING THE POLICY OF THE CITY COMMISSION
THAT MEMBERS OF THE DOWNTOWN DEVELOPMENT AUTHORITY
SHALL EITHER LIVE IN THE CITY OF MIAMI OR WORK WITHIN
THE BOUNDARIES OF THE DOWNTOWN DEVELOPMENT AUTHORITY:
FURTHER DIRECTING THE CITY ATTORNEY TO PREPARE THE
NECESSARY ORDINANCE TO BE ACTED UPON AT THE NEXT MEETING.
The foregoing motion was introduced by Mayor Ferre, who moved its adop-
tion. Upon being seconded by Commissioner Carollo, the motion was passed
and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: NONE
ABSENT: Commissioner J. L. Plummer, Jr.
10. DISCUSSION ITEM. CITY REPRESENTATION ON SPORTS AUTHORITY.
Mayor Ferre: Now, in regards to the Sports Authority, we need to discuss
that too. I would like first of all, Mr. Knox to do the research - I think
it would be possible for the City of Miami Commission to reassess the re-
presentation that it has on the Sports Authority. I would like to be in-
formed with other members of the Commission so that we will know exactly
what the law is. I am sure that it is the will of this Commission, since
it is our representation, I would like to on the record say there is one
member, I am talking specifically of Mr. Raul Masvidal, who in my opinion
does not represent the best interests of the City of Miami and who in my
opinion has a potential conflict because of the fact that he happens to
own part of the baseball team. I do not think that he is the proper repre-
sentative and if he does not resign, than I personally would like to ask
that this Commission consider the potential conflict that he has. And I
think this Commission is entitled to decide who the representation is.
Mayor Ferre: Let us take a 5 minute break,
THEREUPON, THE CITY COMMISSION WENT INTO A BRIEF RECESS At 3.10
P.M., reconvening at 3t35 P,M. will all members of the Commission
found to be present.
.26
t
11. DISCUSSION OF F.E.C. PROPERTY AND DEPOSIT OF INTERAMA FUNDS.
Mayor Ferre: We are in back in session. Let's see if we can go through
some of these agenda items While we are waiting for our lunch so we can
move very quickly. Go ahead, Mr. Manager.
Mr. Gary: The City Commission directed the City Manager to proceed for-
ward to purchase the F.E.C. property downtown utilizing what we already had
appropriated for it as well as the Interama Funds. I am informing you that
we will tomorrow deposit within the Trustees of the Court settlement price
of'�23,350,000 for the purchase of F.E.C. property. We will also take
posesmion of that land. We will also put a sign up saying the land belongs
to us and we will begin to collect rent for that property. Now this is not
the end of that process. It is the first step in the City taking complete
control of that property and resolving the issues that have been raised
_ for a number of years with regard to purchasing this property. I just
wanted to inform you that we were depositing the adequate amount in the
bank.
12. INCREASE FEES FOR DOUBLE DEPTH BURIALS AT CITY CEMETARY.
Mayor Ferre: Alright, we are now on Item No. 1, Ordinance on an emergency
basis. This is to increase the fee in a second burial in a double debth
grave. Plummer, you got any problems with that?
Mr. Plummer: No sir. It depends on who is in the second position.
Mayor Ferre: The way I look at it, there is no second position. You either
win in this game, there is no place or show.
Mr. Plummer: There is in the cemetery.
Mayor Ferre: Dawkins moves it, Perez seconds it. Further discussion?
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING SUBSECTION (a) OF SECTION 18-5
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
BY PROVIDING FOR AN INCREASE IN THE FEE FOR THE SECOND
BURIAL IN A DOUBLE-DEBTH GRAVE AFTER 3:00 P.M. WHICH
INCREASE WAS OMITTED, DUE TO A SCHIVENER'S ERROR, FROM
A PREVIOUS AMENDATORY ORDINANCE (ORDINANCE NO. 9329,
ADOPTED SEPTEMBER 24, 1981) WHICH ESTABLISHED A NEW
SCHEDULE OF FEES FOR OPENING AND CLOSING GRAVES AT THE
CITY -OWNED CEMETERY; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE: DISPENSING WITH THE REQUIRE-
MENT 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 Dawkins and seconded by Commissioner
Perez for adoption as an emergency measure and dispensing with the require-
ment of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Conanissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NCR' , . -.-
NOES: None
ABSENT: None
SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9339
The City Attorney read the ordinance into the public record and an-
nounced that copies were available to the members of the City Commission
and to the public.
13. AUTHORIZE ISSUANCE OF REVENUE BONDS FOR MULTI FAMILY
HOUSING.
Mayor Ferre: We are on Item la which is the multi -family housing revenue
bonds of the City for the purpose of providing housing in the City for
families and persons, including the elderly, of low and moderate income.
This will authorize a Trust Indenture to secure the bonds, authorizing use
of the proceeds of what remains of the $25,000,000 to acquire the land and
pay for relocation. Is there anything else you want to tell us on this?
Ms. Spellman: We ask that it be an emergency ordinance so that we can ex-
pedite the schedule of the entire housing program.
Mayor Ferre: Alright, any questions on this?
Mr. Plummer: Yes, I question in the backup material you are talking about
100,000,000 dollars. It says here the issuance of not exceeding 100,000,000
dollars.
Ms. Spellman: Correct. We will come back to you Commissioner before these
bonds are issued and finalize the amounts with you. This enables us to go
to the Circuit Court and validate the mortgage revenue bonds for housing.
Mayor Ferre; So this is just one begining step, J.L., but it says it
authorizes the use of the proceeds of the $25,000,000.
Mr! Plummer: I understand. I have nothing in my ordinance talking ... no sir
Ism sorry.
Mayor Ferre: Look, J. L., did you look at your ordinance? An ordinance
authorizing the issuance of not exceeding 100,000,000 million dollars.
Mr. Plummer: Okay. Just want it clear. Mine is blank.
Mayor Ferre: I am talking -about the ordinance itself in the agenda package.
Does anybody have any further questions? What you are doing, Commissioner
Dawkins and Commissioner Perez, in what you are now becoming involved, is
what we hope will be a 100,000,000 million dollar housing project.that we
are going to come up with. Now between now and the day that we cut the
ribbon, I'm sure we have got a lot of Work to do. This is just one very
beginning step.
Mr. Plummer: And this is after five years.
Mayor Ferre: Well, you are almost in at the ground floor. Okay, there is
a motion by Plummer, is there a second. Further discussion. Read the
ordinance:
AN ORDINANCE ENTITLED
AN ORDINANCE AUTHORIZING THE ISSUANCE OF NOT EXCEEDING
$100,000,000 MULTI -FAMILY HOUSING REVENUE BONDS OF THE
CITY OF MIAMI, FLORIDA, FOR THE PURPOSE OF PROVIDING
HOUSING IN THE CITY OF MIAMI FOR FAMILIES AND PERSONS,
INCLUDING THE ELDERLY, OF LOW AND MODERATE INCOME:
AUTHORIZING USE OF PROCEEDS OF THE GENERAL OBLIGATION
MM•
F.
A
I,
HOUSING BONDS OF THE CITY OF MIAMI AUTHORIZED BY
ORDINANCE NO, 8514 TO ASSIST DADE COUNTY IN ACQUIR-
ING LAND AND PAY RELOCATION AND OTHER EXPENSES IN
CONNECTION WITH SUCH HOUSING: AUTHORIZING THE INSTI-
TUTION OF VALIDATION PROCEEDINGS: PROVIDING THAT THIS
ORDINANCE SHALL GO INTO EFFECT IMMEDIATELY UPON ITS
PASSAGE: AND DECLARING AN EMERGENCY AND DISPENSING
WITH THE READING OF THIS ORDINANCE ON TWO SEPARATE
DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE
COMMISSION.
Was introduced by Commissioner Plummer and seconded by Commissioner
Carollo for adoption as an emergency measure and iispensing with the re-
quirement of reading same on two separate days, which was agreed to by the
following vote:
AYESt Commissioner J. L. Plummer, Jr,
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9340.
14. 1ST & SECOND READING ORDINANCE: ESTABLISH MINORITY
PROCUREMENT VENDOR PROGRAM
Mayor Ferre: Now Item No. 2 Mr. Gary is the item where we are
establishing 10% and 10% for Latinsfor minority and this is
much, much further advanced then Metropolitan Dade County
_ Is there a motion? Dawkins moves. Is there a second? Plummer seconds.
Further discussion? Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 18-71, ENTITLED "COMPLIANCE
WITH ARTICLE", OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, BY DELETING THEREFROM AN OBSOLETE REFERENCE
TO THE WATER AND SEWERS DEPARTMENT IN SAID SECTION AND BY
PROVIDING THEREIN FOR THE ESTABLISHMENT OF A MINORITY VENDOR
PROCUREMENT PROGRAM TO ACHIEVE A GOAL OF EXPENDING ONE -FIFTH
OF THE TOTAL MONIES USED IN OBTAINING CITY GOODS AND SER-
VICES IN THE PROCUREMENT OF GOODS AND SERVICES FROM BLACK AND
HISPANIC MINORITY VENDORS: CONTAINING DEFINITIONS, OBJECTIVES:
SETTING FORTH MEASURES IMPLEMENTING THE PRLGRAM AND DESIGNAT-
ING THOSE CITY OFFICIALS AND OFFICERS RESPONSIBLE FOR SUCH
IMPLEMENTATION, CONTAINING A REPEALER PROVISION AND A SEVER -
ABILITY CLAUSE AND DISPENSING WITH THE REQUIREMENT OF READING
SAME ON TWO SEPARATE DAYS.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Plummer, 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 J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
NOV
29 1
It
Whereupon. the Commission, on motion of Commissioner Dawkins and
seconded by Commissioner Plummer, adopted said ordinance by the following
vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9341.
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 copies were available to the public.
15. 1ST & SECOND READING ORDINANCE: INCREASE FEES FOR USE OF
MUNICIPAL AUDITORIUM AND COCONUT
GROVE EXHIBITION CENTER.
Mayor Ferre: Item No. 3, this is regarding procedures and use charges at
the Municipal Auditorium and Coconut Grove Exhibition Center. Plummer
moves is there a second? Dawkins seconds. Further discussion? All right,
read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 53-151 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH PERTAINS
TO PROCEDURES AND USE CHARGES AT THE MUNICIPAL AUDITORIUM
AND COCONUT GROVE EXHIBITION CENTER BY INCREASING CERTAIN
SPECIFIED FEES DETERMINED BY THE TYPE OF EVENT BEING HELD:
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 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 J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES. None
ABSENT: None
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Dawkins, adopted said ordinance by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Com=issioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: Nine
ABSENT: None
30
IN I
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO, 9342.
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.
AFTER ROLL CALLS
Mayor Ferre: In voting yes, let me say that I am not too sure that
this will help all of its
Mr, Gary; That is correct, it still won't cover the $200,000 annual deficit.
Mr. Plummer; Well, let's don't get into why we have that deficit, let's hope
that when we cover that patio, that that will have the increased use of the
facility and that will make up the deficit.
16. DISCUSSION AND DEFERRAL: PROPOSED ORDINANCE "PROBATIONARY . -
EMPLOYEE".
Mayor Ferre: Alright, we are now on Item No. 4, which is an ordinance on
the probationary employee. Mr. Manager, do you want to explain why this is
important?
Mr. Gary: Yes, Mr. Mayor and members of the Commission. Presently we have
not had a consistent policy with regard to how we treat classified
employees that have been reemployed after they have been fired or terminated
and rehired. What this attempts to do is to standardize that policy whereby
an employee who is reemployed will be treated equally, that is, he will begin
his probationary process all over as opposed to the existing policy now,
where some are treated differently whereby they start the probationary period
and other employees do not start probationary periods. So this sets out the
policy whereby all the.employees will be given probationary periods upon
rehire..
Mr. Plummer: Mr. Gary, what does this do to the anniversary date and
seniority.
Mr. Gary: Those employees become new employees.
Mr. Plummer: So what you are saying is then, that an old employee rehired
is no longer an old employee. He is strictly a new employee.
Mr. Gary: That's correct. This was recommended by the Civil Service Board.
Mr. Plummer: Has this been subjected to all the unions to look at and ask
for comments, not that we demand it, but I am just asking if they have had
the time to look at it.
Mr. Gary: The way they get involved in things, I am pretty sure they knew
about it before I did.
Mr. Plummer: That isn't my question. As a matter of courtesy were they
copied in and were they aware?
Mr. Joffre: Peter Joffre, sanitation employee. My question, what happens
if you get laid off in this department. Does this affect any laid off
employees?
Mr. Gary: Well, let me answer your question first. The last sentence of
the report says that union officals as well as City administrators indicate
no objection to a proposed rule changes as written. Now, What was your
question again?
4lt�
Mr. Joffre: Any employee that is laid off and he comes back cold. Does that
mean that he loses all his time?
Mr. Gary: That is correct.
Mr. Joffre: I think that is unfair, you know I could see a man resigning
or a man taking it upon himself, but if he is laid off on account of a budget
cut and he is called back 5 or 6 months later on, and the man had 10 years,
he will lose 10 years of service.
Mr. Gary: Current Civil Service rules, Mr. Mayor and members of the Commis-
sion states that when an employee is terminated, he is no longer an employee
of the City and therefore has no rights as a City employee. The reemployment,
placing him on the reemployment register is a human gesture to give him a
first crack at another job, so therefore he is a reemployee and therefore,
he is a new employee, and then he begins to earn rights.
Mr. Dawkins: Then, what we are saying is that no one in the City of Miami
is never furloughed, he is terminated.
Mr. Gary: Yes sir,
Mr. Plummer: I want to tell you, I've got some problems with that, I really
do. Mr. Mayor, I ask that this matter be deferred until the next meeting.
Mayor Ferre: Alright, there is a motion that this matter be deferred and
a
in the meantime I would like Mr. Plummer, for you to incorporate in your
motion that all the employee's unions be given the opportunity to review
this and come back, and I would like for them to react in writing to the
Manager with copies to the Commission. Don't make it too long, would you —
please? There is a motion to defer to the next Commission meeting. In
the meantime what we are saying is to let all the unions have the oppor-
tunity to look and see if they agree or disagree. We understand that it -
comes with the recommendation of the Civil Service Board and let's defer
it for one more time. Call the roll on the deferral. -
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION NO. 81-934
A MOTION OF THE CITY COMMISSION DEFERRING A PROPOSED
ORDINANCE TO AMEND SECTION 40-36 OF THE CODE - "PROBATION-
ARY" EMPLOYEE" SO THAT THIS PROPOSED ORDINANCE MAY BE RE-
VIEWED BY ALL EMPLOYEE UNIONS AND REQUESTED SAID UNIONS
TO RESPOND IN WRITING TO THIS PROPOSAL.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES; None
ABSENT: None
17. 1ST & 2ND READING ORDINANCE: NEW TRUST & AGENCY FUND
JUVENILE RUNAWAY PROJECT 3RD YEAR.
Mayor Ferre: Take up Item No. 5 on juveniles. Alright, Plummer moves.
Is there a second? Dawkins seconds. Discussion? Read the ordinance.
32
Nov : - 1�,
AN ORDINANCED ENTITLED
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.
8719, ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT
APPROPRIATIONS ORDINANCE, AS AMENDED: BY ESTABLISHING
FOUR (4) NEW TRUST AND AGENCY FUNDS ENTITLED: "JUVENILE
RUNAWAY PROJECT 3RD YEAR"; "AREA WIDE CRIME PREVENTION
PROJECT"; "MINORITY RECRUITMENT PROJECT"; AND "CRIMES
AGAINST THE ELDERLY PROGRAM"I APPROPRIATING FUNDS FOR
THE OPERATION OF SAID TRUST AND AGENCY FUNDS IN THE
AMOUNTS OF $111,523; $243,003; $330,9551 AND $22,000
RESPECTIVELY, FOR A TOTAL OF $707,481; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE: AND 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.
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 J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
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 ordinace by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
FOES: None
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9343.
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.
18. 1ST & SECOND READING ORDINANCE: INCREASE FEES FOR BUILDING,
PLUMBING, ELECTRICAL, MECHANICAL
INSPECTIONS.
Mayor Ferre: Take up Item No. 6. Carollo moves, Dawkins seconds.
Mr. Plummer: For the edification of the new members indicate that this was
a promise that this Commission made during budget hearings to increase the
number of inspectors, within fully knowing that this increase would have to
come to cover the cost of the new inspectors, so this is nothing more than
a followup of budget. Alright, call the roll.
.33 -
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 5 OF ORDINANCE NO. 6125,
ADOPTED MARCH 19, 1958, AS AMENDED, WHICH PROVIDES FEES
FOR BUILDING, PLUMBING, ELECTRICAL, MECHANICAL (INCLUDING
BOILER AND ELEVATOR) INSPECTIONS, PERMIT AND CERTIFICATE
FEES, BY INCREASING FEES AND CLARIFYING CERTAIN ITEMS IN
SAID SECTION 5 TO COVER THE COST OF HIRING ADDITIONAL
INSPECTORS NEEDED DUE TO THEY INCREASE IN BUILDING CONSTRUC-
TION ACTIVITY AND THE INCREASE IN OPERATIONAL COST PRIMARILY
FOR THE ENFIROCMENT OF THE SOUTH FLORIDA BUILDING CODE: CON-
TAINING A REPEALER PROVISION AND A SEVERA13ILITY 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
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 J. L; Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
Whereupon the Commission on motion of Commissioner Carollo and seconded
by Commissioner Dawkins, adopted said ordinance by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: none
SAID ORDIANCE WAS DESIGNATED ORDINANCE NO. 9344.
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.
A.UTI7.0^.IZF AGREEIIENT: Ur. 14iriam tIorales, radio.logy services
19. on pre -employment X-rays for police
candidates.
Mayor Ferre: I have a gentlemen here from the Police Department. They
would like to take up Item No. 34 & 42. Two of the officers who are in-
volved in this must go on duty immediately. so they would like to get the
police items so they can go back to work. The first one is Item No. 34,
can we take that out of order. Alright, Plummer moves Item No. 34. This
is to authorize agreement with Dr. Miriam Morales for radiology for pre-
employment back x-rays of candidates for employment in the police department.
My question..I'm sorry. There is a motion, is there a second? Carollo
seconds. Alright. Question. Is the Police Chief here, or whoever
runs this. Who is going to answer a question that I have on
this item.
Mr. Gary: I can answer questions, Mayor,
Mayor Ferre: I've got a note here that police officers must go back to work
and they are here on this issue.
That is why we axe. taking it out of sequence..
Mr. Ongie : Apparently he left, Mr.. Mayor. It was about an hour or so
ago.
Mayor Ferre: The question I had on this -is, how did we go about selecting
Dr. Morales. was it a bid process or what?
Mr. Gary: well what happened was, we had a doctor other than Dr. Morales
and the fee was very, very reasonable, as a matter of fact, more than rea-
sonable and he said to us that he would not like to continue the services,
however he recommended another doctor that guaranteed they would charge the
same fee..
Mayor Ferre: Well the question then comes up is one of propriety and I
know,professionals don't bid, but shouldn't there be a, I mean, when we go
out and select an architect to build a marina, we go through a procedure.
Mr. Gary: Mr. Mayor, we contacted another doctor. The other doctor far
exceeded the $28.00., and we thought this was the best deal for us, in view
of the cost.
Mayor Ferre: That seems reasonable. I have no further questions. Any
other questions on Item No.. 34? Alright, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. Al-935
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN'AGREEMENT WITH DR. MIRIAM V. MORALES, IN SUBSTANTIALLY
THE FORM ATTACHED HERETO, FOR RADIOLOGY SERVICES TO PRO-
VIDE PRE -EMPLOYMENT BACK XTRAYS OF CANDIDATES FOR EMPLOYMENT
IN THE POLICE AND FIRE DEPARTMENTS AT A COST NOT TO EXCEED
$60,000 WITH FUNDS THEREFOR ALLOCATED FROM SAID DEPARTMENTS'
PROFESSIONAL SERVICES - DENTAL AND HOSPITAL ACCOUNT.
(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 J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
20. ACCEPT BID: PHYSICAL FITNESS MACHINES FOR POLICE DEPARTMENT.
Mayor Ferre: Take up Item No. 42, physical fitness machines for the Police
Department. Alright, moved by Carollo. is there a second.
Mr. Carollo: Can Commissioners use the machine too?
Mr. Gary: Beg pardon?
Mr. Carollo: Can the Commissioners use the machine too?
Mr. Gary: Of course.
Mr. Carollo: Okay.
.35
0",
Mayor Ferre: You don't need a license for that?
Mr. Gary: No sir.
Mayor Ferre: Is there a second to that motion? There is a second by Com-
missioner Dawkins. Further discussion? Call the roll on Item. 42.
The following resolution was introduced by Commissioner Carollo, who moved
its adoption:
RESOLUTION NO, 81-936
A RESOLUTION ACCEPTING THE BID OF NAUTILUS FOR FURNISHING
SIX PHYSICAL FITNESS MACHINES TO THE DEPARTMENT OF POLICE;
AT A TOTAL COST OF $14,435.00; ALLOCATING FUNDS THEREFOR
FROM PRIOR YEAR RESERVE FUND: AUTHORIZING THE CITY MANAGER
AND THE PURCHASING AGENT TO ISSUE THE 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 Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
21. ENTER INTO COLLECTIVE BARGAINING AGREEMENT:
F.O.B. LODGE'NO. 20
Mayor Ferre: Is there any other police items to come up at this time?
Mr. Gary: Item No. 26.
Mayor Ferre: Authorizing the Manager to enter into collective bargaining
agreement between the City. Alright. it has been moved by Commissioner
Carollo. Is there a second? Second by Plummer. Further discussion?
Alright, call the roll on Item 26.
The following resolution was introduced by Commissioner Carollo who
moved its adoption:
RESOLUTION NO. 81-937
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO THE ATTACHED COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZA-
TION KNOWN AS THE FRATERNAL ORDER OF POLICE, LODGE #20,
FOR THE PERIOD OF OCTOBER 1, 1981 THROUGH SEPTEMBER 30,
1983.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote:
cis N0V i �a
I
AYES: Commissioner J, L, Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
22. AUTFORI7.E ArREEt--EI'T: ?'.OEPSELL ASSOCIATE£- T'ANAGEo'E'T?T
ADVISORY ST'RvICES FOR. T`IA�fl POLICt:
"PERFORMANCE PROJECT".
Mayor Ferre: Is the Chief here, Mr. Gary?
Mr. Gary: Yes sir.
Mayor Ferre: Would you tell the Chief of Police, that I, that we need
him here for a moment now? Is there any other police items?
Mr. Gary: Yes sir, we have the Item No. 36.
Mayor Ferre; This is authorizing the Manager to enter into an agreement
with the Koepsell Associates to provide management advisory services for
Miami Police Performance Project. As I understand it, this comes from
Federal Funds..
Mr. Gary: Yes sir.
Mayor Ferre: So it doesn't come out of our
Mr. Gary: No sir.
Mayor Ferre: Is there a motion on that? Motion moved by Carollo, seconded
by Dawkins. Further discussion on Item No. 36? Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoptiono
RESOLUTION NO. 81-938
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN AGREEMENTt IN SUBSTANTIALLY THE FORM ATTACHED HERETO,
WITH KOEPSELL ASSOCIATES TO PROVIDE MANAGEMENT ADVISORY
SERVICES FOR THE MIAMI POLICE PERFORMANCE PROJECT; ALLOCA-
TING $75,414 FROM THE TRUST AND AGENCY FUND TITLED POLICE
PERFORMANCE PROJECT TO COVER THE COST OF SAID CONTRACT FOR
SAID PROJECT; AND FURTHER AUTHORIZING THE CITY MANAGER TO
ACCEPT AND EXECUTE THE NECESSARY AGREEMENTS TO IMPLEMENT
THE PROJECT.
(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 J, L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
3'7
j
23. AUTHORIZE AGREEMENT: PROFESSIONAL ADVERTISING SERVICES FOR
PURPOSES OF RECRUITING APPLICANTS FOR POLICE OFFICER.
Mayor Ferre: Alright, the next Item is.307
Mr. Plummer: 33.
Mayor Ferre: Which number did we just vote on?
Mr. Plummer: 36.
Mayor Ferre: Alright, now we are on we are on 33. Alright, Mr. Manager?
Mr. Gary: This, Mr. Mayor, will allow us to continue the services of
Hale & Holland with regard to advertisement for additional Police Officers
that we have to employ during the current year which would exceed over
300. The success of this advertisment last year and the success of this
firm was overwhelming and we are recommending that we continue this agree-
ment.
Mayor Ferrel' Alright, anybody have any problems on that? It has been
moved by Carollo, seconded by Plummer. Further discussion? Call the
roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 81-939
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT WITH HALE & HOLLAND ADVERTISING, INC., IN
SUBSTANTIALLY THE FORM ATTACHED HERETO, FOR PROFESSIONAL
_ ADVERTISING SERVICES FOR THE PURPOSE OF RECRUITING APPLI-
CANTS FOR THE POSITIONS OF POLICE OFFICER AND PUBLIC SERVICE
AIDE AT A COST NOT EXCEED ONE HUNDRED THOUSAND DOLLARS
0100,000,00) WITH FUNDS THEREFORE ALLOCATED FROM SIXTY
SEVEN THOUSAND SIX HUNDRED SIXTEEN DOLLARS ($67,616.00)
OF THE POLICE DEPARTMENT BUDGET AND THIRTY-TWO THOUSAND
THREE HUNDRED EIGHTY FOUR DOLLARS ($32,384.00) ENCUM-
BERED FROM THE SPECIAL PROGRAMS AND ACCOUNTS, PUBLIC
SAFETY CONTINGENCY FUND.
(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 J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
00
.00
NCTV 931
24. QUESTIONS TO CHIEF HARMS REGARDING CONFIDENTIAL INVESTIGATION,
GENERAL STREET CRIME, MONITORING JUDGES PERFORMANCE, POLICE
ON WALK BEATS, RECENT PROMOTIONS.
Mayor Ferre: Alright, Chief, let me first of all, tell you that, and I
say this almost in the form of an apology to this community and to the
members of this Commission who served with me, J. L. Plummer and. Joe
Carollo and also to you. And I really, honest to goodness, I've
always felt that crime was a major issue, but I did not realize how this
is the No. 1 issue in the minds of every single Miamian.
Now a lot of people have different things on their minds. The one thing,
whether you are black or white or Spanish or English speaking, people have
on their minds is crime. Secondly, I wanted to say, that I did not realize
how involved and how complicated and how serious this tick tock investigation
was. I just want to commend the Department for what I consider a very,
very important step forward.I really commend you. I didn't realize how
deep that thing ran. Now that I have you up on the podium to listen tc
some of those things, which let the record reflect, because my ovnonents
said that I used all that I had. There is something in those tapes that
I wasn't going to touch with a 1,000 foot pole, a very serious matter that
I am sure will be coming out. I just want to say that I was very impressed
by the complexities of the matter. Let me also say, one of the things that
came out, very, very vividly was thbt the people in Miami realize that we
anIV have authority over the Police Department, the City of Miami Commis-
sion. But somehow, I think, the message got across to me anyway, that we
need to do more that just then worry about the Police Denartment,
Now that means, Mr. Manager and Mr. Knox.......
mr. xnoy, I think we need to go
to a legislative process that..I think we need to set up a law department,
that will be dealing in part with statistical information on Judges and
part with local ordinances and legislative packages. I think we need to
do a whole new work session here. Now I had a telegram yesterday to the
Governor. Based on some of the things pu came up with Chief, about the
use of evidence and other matters. We need to impress upon our Dade Delega-
tion that this is the No. 1 issue in the State of Florida, and that they
are not doing enough. There is no question that they are not doing enough.
Now I just want to put it point blank, the Governor of the State of Florida
is not doing enough. The Legislature is not doing enough. We need to get
on issues such as repeat offenders. We need to talk, and I've come around,
I think we need to rehabilitate young people who are beginning to get into
crime. For that individual who commits the same crime for the 20th time,
there is no coming back for that individual. We need to have to get tough.
These crimes committed by people who use handguns, you know at one time I
thought that that was...I didn't realize...I tell you I didn't realize that
was an issue in the black community, but it has..blacks are affected by it
more than the white people are. It is a major issue in the black community.
We must address these issues and I would like to say that I think we need to
get the legislative program of which, before the Session begins. Is there
an early session? January. We have two months to do this and I would
commence to ask Mr. Knox if you would immediately call a work session and
invite the members of the Commission and the Chief and the City Manager,
because I personally have 5 or 6 things. Plummer came up with a very good
recommendation the other day about death penalties for people who shoot
policemen. I think these are the type of things that we ought to get...
we can't do everything, but I think we ought to be supportive of those
things like I know that Janet Reno desperately needs more prosecutors.
In that office, Mr. Knox, you and I have talked about this before, we
need to keep records on City issues that go before judges so that we
need to come out and say what that judges performance was. And I
want to make that a public announcement every year. On the things
that deal with City of Miami legal matters. Now, the next subject
that I wanted to bring out, Chief, is a question of the promotions
in this new category that's just been created. I'll tell you what
I have ... two concerns. Concern number one is, and please forgive me,
I know that this is not a military organization , it's a pare -military
organization. But I look upon it this way. This is...we have kind of
t.ANYv
9
% 4_1\
Mayor Ferre (continued): like an army and there is 814 members of this
army and in effect we're going to have a Chief, three assistant chiefs
and three deputy chiefs, that's 7. And 9 majors. And so what that
tells me is that we're going to have, if you'll forgive the comparison,
we're going to have in this army 7 generals and we're going to have
an upper echelon hat would be made up of 16 people. In other words,
this is the top brass of the Police Department would be made up of 16
individuals. I'm concerned, because the message I got out there on the
street was we need more police officers on the street. I am concerned
that immediately after we get elected those of us that were elected
that the very same day we get elected, we all of a sudden end up with
16 upper echelon and the question is will that mean less policemen?
You know, less police officers on the street. That's question one,
the budgetary aspects. The second question that I have in this whole
matter.ks that the message that I got is the black community and the Latin
community want proper representation. Now, you have an excellent
record in the last two years in minority hiring. 82% of all the people
we've hired are either women or minorities and the fact is that the
black police officers., for example, have gone up to 120...my understanding
of that if those that are coming in or may be in the academy are 119.
Mr. Dawkins: No, no. See, they wash them out of the academy. Blacks
get into the academy and they wash out. They never make the Police
Department.
Mayor Ferre: The question that I have, and then I'll recognize you
Commkssivner, is I-'m concerned that if we're doing upward mobility,
we're trying to get upward mobility and affirmative action, we're trying
to get more black officers, more Latin officers, I am concerned as to
what the message ks that we're sending out when in the upper echelon
of the Police Department, out of 16 members, we have 4 that are minority
members; two Latins and two blacks. Those are my two specific questions.
.�v NOV : i981
Chief Harms: Let me see if I can response to those questions in reverse
order. It's fifteen rather than sixteen.
(BACKGROUND COMMENT INAUDIBLE).
Chief Harms: Mr. Mayor, I appreciate that. Then that makes it sixteen.
Mayor Ferre: No, I wasn't trying to be flip Chief. I'm just trying to tell
you that the upper echelons of the City of Miami the way they were announced
is nine Majors, six Deputies, six Assistants and one Chief and that's sixteen.
Chief Harms: Let me get your indulgence for just a moment while I comment
at a little broader vein. The Police Department... the management of the
Police Department is that group of individuals not represented by the employee
organization and prior to these appointments consisted of about 7/10th of 1%
of the total department. It now consist of slightly more than 1% of the total
department and again represents those people who are not represented by the
employee organization. So, with an organization our size, fifty million
dollars a year budget, I think that's certainly within reasonable limits. Now,
with regard to representation. Of the ten people that were promoted three
individuals were minorities. Clarence Dixon, who moved to a Deputy Chief's
position, Mary Anderson, who moved to a Major's position and Bobby Alba, who
moved to a Deputy Chief's position of the ten. Now, with regard to the
method of selection. I understand the question you raised. I appreciate
your sensitivity to it. The selection was based on all considerations, including
general qualifications to serve at a higher level of responsibility within the
organization. But that did respond, Commissioner Dawkins and Mayor Ferre,
to the last question. With regard to the first question, no, sir, it does
not eliminate street police officers in the reconfiguration. What it did
essentially in order to adjust from a budget prospective and *:.o realign
some of the functions within the department, the Executive Assistant's position
was abolished, four Captains positions were abolished and one police officer.
Now, when I indicate to you that, that will not have a direct impact in terms
of field officers. I had suggested to you some time ago that a hundred eighty-six
which would bring us up to one thousand this year was going to be virtually
impossible to attain because of the current job market, because of our particular
point of progress at this point and time, which is behind the point we need to
be if we are going to succeed at a hundred eighty-six, which would round it off
at a thousand. So that particular police officer in my best judgement would
not be on the street this year anyway. That responds to both questions. Again,
the need for the alignment, realignment of the organization was my best
professional judgement. I brought the matter to Mr. Gary's attention and he
agreed with the need for the realignment, the appointment of those positions
and the timing. The timing was designed to avoid any possible negative impact
or affect on the political process that was going on at that time and I wanted
to eliminate any inuendo's that maybe raised after the fact that there were
political pressures brought to bear for these changes. So, again, that speaks
to the timing of the situation.
Mr. Dawkins: Mr. Harms, perhaps you did answer my question, but I didn't
get it. Of the sixteen people in the top echelon of the Police Department,
how many are minorities?
Chief Harms: Four, two Latins and two Blacks. Four out of sixteen.
Mr. Dawkins: Four out of sixteen. My second question... not a question,
but I have a statement to make. I have been following the Miami Police
Department for years. I have been disturbed for years. The County got...
we got a Consent Decree long before the County did and we have yet to come
up with any minority Lieutenants in numbers, any minority Captains in numbers,
and any ... but we always get a Major. We get a Latin Major. We got a Black
Major. If either of them are killed in the line of duty you have got nothing
left. So, I would hope that you and the City Manager would get together and
.41 NOV
h k
come up with a plan. If you cannot develop anything better, copy the plan
from the County where they have this program of upgrading minorities and that
would make me happy.
Mayor Ferre: Alright, any other comments or statements?
Mr. Carollo: Chief, I understand that you tried to reach me late Tuesday
afternoon and I know you tried last night. Frankly, if I didn't know any
better I would have thought that we were going'to have a coup de tat with all
these promotions on election day. Getting in a more serious tune, I am a
little surprised that all these changes took effect on election day. Frankly,
I think that regardless of what you might have felt that what people would have
said or whomever would have won would have said. I think that really it was
very inappropriate. I'm sure that those decisions were not made over night
and I think that we should have been informed before hand. I don't know if
anybody else was, but you know, when the day that you tried to reach me is
election day late in the afternoon, I think it was inappropriate. And Howard,
you know, the same goes for you. You were appraised, I'm sure from the start
and for us to be kept in the dark, I think it was very inappropriate. You
know, maybe you might have felt the results were going to be different, I
don't know, but I know that I was going to be around and I'm very, very
unhappy the way that was done. Number two, you know, Miller Dawkins was making
some good points. Out of the sixteen Generals, if I may use the expression,
that we have now four or twenty-five percent are minority in a the City that
has eighty-three percent minorities living in it. The same minorities that
we have at the top are the same ones that we have had around there for quite
some time. I think that we have to practice what we have all been talking about
for quite some time, not only at the bottom, but at the top. And what concerns
me the most in what I have to be responsible to, because I'm the guy just like
the rest of them here that have to go out and face the public. We are the one
that becomes the sacrificial lamb and get thrown in the coliseum so that the
lions will come at us, not you guys. What I am really concerned at is that
while crime in our neighbor cities like Coral Gables, South Miami, others
immediately adjacent next to Miami has gone down and even in Dade County while
it has increased, it has increased very little compared to Miami. Our crime
rate overall has still gone up drastically and let me give you some examples.
And Chief, please give me some clarification if any of these figures are incorrect.
In the City of Miami from January to June of this year murders have jumped
fifty-one percent, rapes have increased thirty-three percent, robberies
eleven percent, assaults nineteen percent, burglaries eight percent, thefts
twelve percent, stolen cars four percent. I am very concerned about that.
And yes, we have gone throuugh a campaign now where people that were running
kept trying to throw all the blame on the people that were sitting up here, but
frankly, even though I'm willing to share some of that blame and the truth of
the matter is that a great portion of this blame falls on a lot of the refugees
that came, falls on the huge drug problem that we have in this city. I think
that it's about time Chief, that your department, our Administration in this
city shares the burden for that too. I am sick and tied of having to face the
lions out there for the blame ourselves. Unfortunately, we are limited to the
type of government that we have here where the City Manager makes a lot of
decisions that we cannot interfere with according to the Charter. But Howard,
if we don't start doing something on this crime situation, I guarantee you this
Commission is going to take some drastic actions one way or another, because
if we don't, we are going to have people dragging our necks out of here and
placing some people here which will do it for us. And frankly, I was under
the impression that our crime rate was going down considerably, but from what
I see here comparing it to the County and adjacent cities we are in drastic
trouble. And I think that this has to be addressed immediately, chief. Some
plans have to be made. I want to see our police officers out there in the
streets. I want to see those same Generals out there not traveling to different
places around the State or the Country and I for one am willing to help in
whichever way that I can. Not only talking about it from up here, but going
to the front lines and putting the bayonets on.
Chief Harms: Thank you, Commissioner.
NOTE FOR THE RECORD: AT THIS TIME THE COMMISSION TOOK A BRIEF RECESS.
NOTE FOR THE RECORD: AGENDA ITEMS 70, 71, AND 75 WERE DEFERRED
.42 �,�
t
25. ALLOCATE 7TH YEAR C.D. BLACK GRANT FUNDS FOR REHABILITATION OF
MULTIFAMILY APARTMENT BLDG. - 224 N. W. 12TH STREET
Mayor Ferre: Item #20 is allocation... well, wait a minute, that's been
deferred. Ok, Item 20 has been deferred, is that right? Oh, it hasn't been
deferred. This is an allocation of the 7th Year C.D. Now, Dena, let me see
if I understand this right. Is Foneroy around here? Would you come up Mr.
Foneroy? Alright, now Dena, this was the item that I called you on about
a month or two ago and I said there is a group of people here that are trying
to buy their housing from some slumlord who had a tenement house and they didn't
have enough money and they... I talked to Mr. Foneroy and he said he was short,
I think it was twenty-five thousand dollars, then I said let's see if we can
come up with that money. Then you called me back and you said that, that was
only the beginning because their needs were much greater than that and that
you thought that they had to rehab and they had to do all these different
things. Now, it's before us and I see that it's eighty thousand. Now, what
exactly do we get for eighty thousand dollars?
Ms. Spillman: Really it's a hundred ten thousand dollars. There is eighty
thousand dollars that were being asked to remove from the continguency fund
of C.D. plus the thirty thousand that we already have available and it's for
the rehabilitation...
Mayor Ferre: We voted for thirty already once.
Ms. Spillman: No. No, the thirty is in the C.D.fund for this purpose. You
have not voted for it.
Mayor Ferre: I see. So this is an additional eighty to the thirty. Ok, so
the question then is what do we get for the hundred ten thousand dollars?
Ms. Spillman: You get mortgage to a building and you get a building that meets
Codes.
Mayor Ferre: Is it the first mortgage or a second mortgage?
Ms. Spillman: We would hope the first. They don't have a mortgage on your
building now, do you?
Mayor Ferre: How many apartments are there?
Mr. Foneroy: Twelve. There are twelve apartments.
Mayor Ferre: Twelve apartments. Now, are the people who live in those twelve
apartments going to be the people who are going to end up with the ownership?
Is it a condominium or a cooperative?
Ms. Spillman: It's a cooperative. The people who live in the building own
it.
Mayor Ferre: The building? Not the apartment?
Ms. Spillman: They all own the building together.
Mayor Ferre: Who has the deed title, I guess is my question?
Ms. Spillman: The cooperative.
Mayor Ferre: Now, suppose one of those families die, want to move to Alabama,
or New York City or Coral Gables or whatever?
Ms. Spillman: Well, Mr. Foneroy can answer that better, but normally they would
sell their share in the cooperative to someone else... anyone who would be interested
in it.
.4�3 NOV 1 1n8
Mayor Ferre: Well, what if the cooperative doesn't want to buy it?
Mr. Foneroy: Well, our attorneys would probably be best to answer those questions.
But the... Tom Equels and ban Corbitt from Holland and Knight. The cooperative
is structured so that the cooperatives cannot sell out unless there is a majority
of the cooperatives agreeing on that and the first choice goes to the cooperative
for any purchase.
Mayor Ferre: This is within the boundaries of'the City of Miami, is that
correct?
Ms. Spillman: It's in Overtown.
Mayor Ferre: And this has your recommendation?
Ms. Spillman: Yes. .This is... I just want to make something clear. We have
given loans like this throughout Overtown. We are just asking you to allow
us to use additional contingency funds to enable us to give them a loan like
we have given to several other building owners. It's not out of the ordinary.
Mr. Plummer: Well, let's get back to the question the Mayor raised which I
didn't hear an ansser on and that is the mortgage.
Mr. Foneroy: What was the question again?
Mr. Plummer: Who holds the mortgage and what mortgage is it?
Ms. Spillman: We will hold the first mortgage to the property if we give them
this loan.
Mr. Plummer: And is it a conventional mortgage? Is it a short term?
Ms. Spillman: I would say twenty years.
Mr. Plummer: Twenty year mortgage. Is there any provision in there for no
second mortgage? What guarantees do the City have that they don't go out and
take a second mortgage on the thing? Seem like if we are putting a hundred
ten thousand dollars into this thing that the City should be guaranteed if
in default the City recovers. We are entitled to that.
Ms. Spillman: We have first position Commissioner. If anything happens to
that building we own it.
Mr. Plummer: Well, you know, that sounds good. You ever been to court on
a mortgage default? You ought to try it.
Ms. Spillman: Well, we don't think we are going to end up in default on this.
Mr. Plummer: Well, look, you know, if everything was rosy in this world lawyers
would be starving to death. And the lawyers in this town are doing pretty
damn well. What interest is being charged?
Ms. Spillman: Three percent Commissioner. Commissioner, we do this... this
is an existing program, ok? We have given loans like this to several other
property owners in Overtown.
Mr. Plummer: Have you done it on apartments?
Ms. Spillman: Yes,sir. We are doing it right now. We have six other buildings
under rehabilitation right now.
Mr. Plummer: Well, let me tell you what I'm scared of, ok? And I'm not scared
as much u%out the mortgage and the money as I am making us, us the landlords
and that's in effect what you are doing. You are in effect making us the
landlords.
Mr. Gary: Yes, but Commissioner, we have that on about four million dollars
worth of loans that we got outstanding now.
Mr. Plummer: Different than the Housing Authority, that's what they are in
the business of doing.
Mr. Gary: No, sir, Housing Revitalization Program, Rehab Program, we loan the
money to homeowners to...
Mr. Plummer: To home... look, Howard, I get back to the point again. There
is a big difference in ownership pride between a single family home and an
apartment house. People come and go in apartment houses.
Mr. Gary: But Commissioner Plummer, we have...
J
Mayor Ferre: Howard, how many units have we rehabilitated and taken mortgages
on?
Mr. Gary: Ok, well, first of all what I would like to do Mr. Mayor, we have
two programs all under one umbrella, Rehab Program for multiple dwellings as
well as single family homes. We have been doing that for years. Now, in
terms of.the question the Mayor asked me... Do you know that Dena?
Ms. Spillman: We have the first mortgages on approximately a hundred single
family houses and approximately seven multi -family buildings.
Mayor Ferre: (COMMENTS INAUDIBLE).
Ms. Spillman: Well, if you add in the Little Havana Project, yes.
Mayor Ferre: Everything and, un, yes, and 1 tell -you, I -would like
Dena, if you gave me a breakdown of the eight hundred fifty units that have
been rehabed. I want it broken down as to what parts of town, because one
of the things that I got, in this compaign was yes you have been doing it, but
how much has been in the Black community and I think that we have done a
substantialy amount in the Black community, but I think that needs to be
documented, ok? Now, you know, I'm... right away Dena, my new friend Howard
Steinberg didn't give me a day of rest. The very next day he started zinging
me on all the things that I hadn't done and what a bad guy I was and all the
other... how this was the vote against Reboso and not for me. And the next
thing I know is you know,.... he didn't even give me twenty-four hours of
- rest. The next day he is out there cutting me up and the point is that we
have done a hell of a lot and I want that documented, because I want to send
that to these people who evidently are not informed and the press, the Editorial
Department as to what we have done for housing in this community. I know that
we have been responsible for over eight hundred Section 8 units. I know that
we have rehabed over eight hundred units. I know that at least a third of
those have been in the Black community, but I need you to document that and
we also need to know how many first mortgages have been taken. I know it's
over a hundred. (COMMENT INAUDIBLE).
Ms. Spillman: I might add, we have not had one default yet in all those
mortgages.
Mr. Plummer: Are all of the other multi units in the same type of thing as
this one?
Ms.Spillman: No, sir, there are no other buildings in that same..(INAUDIBLE).
Mr. Gary: This is better the people live here, the other ones they don't.
Mr. Plummer: Fine, Howard, let me tell you something. My concern is, example;
one of the units default, according to this gentlemen they have to offer it to
the co-op, the co-op doesn't have the money. what happens?
Mayor Ferre: They sell it to an outside party who wants to live in it.
Ms. Spillman: Someone buys their share and moves in the building, Commissioner
and there is such a lack of housing opportunities in the Overtown area we
feel secure there will be no problem with it.
Mayor Ferre: I guarantee you there are a thousand people that would move in
one of those apartments tomorrow.
Mr. Foneroy: We have a list now.
Mayor Ferre: A waiting list?
Mr. Foneroy: Yes, a waiting list now and we just...
.45 NO\! 1 -) 1981
Mr. Plummer: Ok, my last question is simple, which is the same question of
all of this? Has this been approved by the local neighborhood Committee?
Ms. Spillman: Commissioner, there was no meeting in between the time this
got on the agenda and now. I did send a letter to the Board and asked them
if they had any problems to get in touch with me and no one got in touch with
me. So they are aware of it.
Mr. Plummer: So, then what you are saying is,that it's a consent by silence?
Ms. Spillman: Yes.
Mr. Gary: They are in support anyway.
Mr. Foneroy: And there is one correction I would like to make. That was
forty-five thousand that we were short, Mr. Mayor, not twenty-five.
Mayor Ferre: Forty-five. I stand corrected.
Mr. Plummer: But the total amount is a hundred ten, eighty and thirty?
Mr. Foneroy: That's with the rehabilitation as given to us.
Mayor Ferre: Is there a motion on Item 20?
Mr. Dawkins: Move.
Mayor Ferre: Moved by Commissioner Dawkins, is there a second?
Mr. Plummer: Second.
Mayor Ferre: Seconded by Plummer, further discussion? Alright, let's call
the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 81-940
A RESOLUTION ALLOCATING SEVENTH YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
IN THE AMOUNT OF $80,000 TO PROVIDE
ASSISTANCE FOR THE REHABILITATION OF A
MULTIFAMILY APARTMENT BUILDING AT
224 NW 12TH STREET, THROUGH THE OVER -
TOWN HOUSING REVITALIZATION PROJECT.
(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 J. L. Plummer, Jr.
Commissioner Demetrio Perez Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
.46
,��� ^ 19,81
26. PERSONAL APPEARANCE: JOHN BARAD - FESTIVAL COMMITTEE
AND PROVIDE CASH ASSISTANCE GRANT TO HISPANIC HERITAGE FESTIVAL
-Mayor ?erre: Now, before we get into 25, John Barad wanted to speak on a
general issue. So, John, I will now recognize you.
Mr. Join Barad: I am John Barad, 14225 Lenox Drive, Coconut Grove. I am
a member,of the City Commission appointed Committee, the Festival Advisory
Committee. The members Jose R. Mendez, Chairman, Pat Johnson, Margarita
Russ, BerinyMoore and myself have unanimously approved this report which we
would 31ke to have read in today's minutes. We have given each of you a copy
of it today. We apologize for it'-s late arrival. The points we feel are very
important and apply to a number of resolutions that have come up yet today,
one in just a moment, Item 25. It's addressed to Mr. Gary, City Manager.
I. The :Committee formally congratulates the City for establishing the Festival
Advisory Committee, the need for such a body has long been over due. The
Resolution 81-421 passed in late May of 1981 on the second reading has been
fulfilled by the Committee who proudly serves as its first members. II. However,
mm. ttee wishes to clarify the followingf(A) The wording of the resolution
oC21roiz ng the City Manager to disburse festival monies for Item 24, which is
the one t at has been delayed today on the Commission agenda for November
12, 1981 is not in accordance with the Festival Advisory Committee. The
Committee does not recommend this passage as stated in the first paragraph
the change made by the City's staff over the recommendations made by the
Committee o not conform to the resolution governing the account from which
the funds t e generated. (B) The passed Resolution 81-683, July 23, 1981
allocating a hundred seventy-five thousand to the New World Festival Inc.,
fifty thou and from last years budget and a hundred twenty-five from this
year's bud iet denies the resolution establishing the Committee passed in
May of 198 The New World Festival was allowed to make a separate presentation
to the Cit lanager
Commission when all other Arts Organization were required to come
throzgh th= Committee. This.is not allowed as per Resolution 81-421 May, 1981.
The City} approved of the New World Festival presentation, even though
Albert Hr• Howard, Director of the Leisure Services Department on July 9, 1981
wrote ,,a memo to the Manager stating that the New World Festival had to adhere
to th.e guidelines by first appearing before the Festival Advisory Committee.
The request made by the New World Festival was for seventy-five thousand for
promtotion and a hundred thousand for purchase of Crisdo. Their
proF,osal did not meet the guidelines for this type of request. No money is
goir:ig to local talent, a minimum of one third must. Further, Crisdo has
stat-e publicly that he will not ask for local funds. The artist is not
prar3ucing a work that can be owned by the Dade County Center for the Fine
Arts as was stated in their presentation. Note, the Charter for the Dade
Cov' ty Center for the Fine Arts states that they will own no permanent collection.
Further, the Crisdo Project will not take place during the New World Festival
19(Q . The City passed Resolution 81-683 for the New World Festival only
stj'ites that the funds are to be used for promotion and advertising. This is
contrary to the City's own guidelines on the dispersal of funds from the
F�pecial Programs and Accounts Quality of Life Funds, City wide events, community
festivals. In June of 1981, the Festival Advisory Committee was given to
understand the Special Programs and Accounts Quality of Life Funds, City wide
events and community festivals would be near two hundred fifty thousand dollars.
In July a -,epaxate presentation was made by the New World Festival outside of
the City's own policy on festival funds request. They were granted a hundred
twenty-five thousand from FY11981-82 budget. This action severely curtails
funds to other organizations that had followed the proper guidelines. This
Committee is requesting correction of the above. The three resolutions being
presented to the Commission on November l2th, today, referenced and titled
Motion 81-807, Assistance grant Orange Blossom Classic Parade which is 053
twenty-one thousand five hundred. Two, assistance grant to Hispanic Heritage
Festival which is #25, nine thousand five hundred and three, assistance grant
to P.A.C.E. twenty-five which is 24. By the way, contrary to what the City
Manager said earlier all of these activities have already taken place. I would
like you to know that the P.A.C.E. activity does not take place until February.
.4`7 NOV i 8�81
One, we recommended that the Orange Blossom Classic Parade be funded from other
City sources by the City and not from the Special Programs and Accounts Quality
of Life Program Community Festival Fund, as they did not meet the established
guidelines. The resolution is law and the Festival Advisory Committee knew it
could not work outside of the law. City staff, however, on their own decided
to disavow the resolution. In the resolution dealing with all the funds from
the above mentioned account and presented to the Commission on October 70 1-9811
Item 9A, the staff recommended fourteen thousand for this organization. They
are now presenting a resolution recommending twenty-one thousand five hundred.
The Festival Advisory Committee feels the City's staff cannot make recormerldatiol:�_\
They do not meet the guidelines as stated in Resolution 81-422. The Hispanic
Heritage Festival was recommended by the Festival Advisory Committee to
recieve the same amount as will'be presented in the special resolution submitted
on their -behalf. That's your Item 25 today. The Committee is in full agrbement
that they.should recieve this amount, but not through a special resolution .
No special resolution is required in their other cases. If the Committee must
work with a reduced budget--- by the way, a special note. The budget was reduced
for us to work with a hundred thirty thousand plus now instead of a hundred
sixteen thousand--- then the Hispanic Heritage Festival was also subject to
a possible reduction of funding as well as the other organizations. Three, at
the Festival Advisory Committee meetings in August and September P.A.C.E.
had requested twenty-five thousand from the funds allocated to the Special
Programs and Accounts Quality of Life Program Community Festival Fund. We were
informed by City Staff that P.A.C.E had a separate line item in the budgets..
Consequently we recommended that the sum budgeted for P.A.C.E. else wheref'in
the City budget be allocated to them as the sole amount to be received byl them
for their activity. The request was a duplication. Now, a special resle
ution
24A is being submitted to the Commission for twenty-five thousand from
account governed by the Festival Advisory Committee. What this has do Je along
with one and two, is to reduce the above amount to be received by theganizations
listed in the resolution authorizing the City Manager to disburse festal
fund monies without due consideration to them or from them. This resolution a
along with the other are discussed herein is before you on this meetinThe
Committee recommends the followings All monies allocated in the Speciaprograms
and Accounts Quality of Life Fund City Wide Events and Community Festils be
returned to the Festival Advisory Committee for review. The Committeeeeds
to have the Commission refer all requests and proposals for festival aivities
to the Committee as is stated in Resolution 81r421. We then asked thathis
be read into the report. Four, that it will be... we promise that we 11
abide by the Resolution 81-421 passed and accepted by the City Commission in
May of 1981, that the Festival Advisory Committee will review the resolutio ,
that same number, at their open meetings after January 9, 1982 and report balk
to the City Manager and the Commission on its recommendations. Gentlemen, i
you allow 24A, 25 and 53 to go ahead today you are then going to have to have
someone, maybe the Committee, maybe the City Manager take the other organizati ons
of which I would give you a very quick list. We are talking about the Black
Archives Foundation of South Florida, Calle Ocho, Carnival Miami 1982, Coconut
Grove Arts Festival, Florida Renaissance Guild, Black Arts Foundation of South
Florida ---let's see, I repeated something ---Florida Renaissance Guild, Goombay
Festival, Grove Dance Theatre, Haitian Carnival, International Folk Festival,
Kwanza Festival, One Art Inc., Overtown Traditional Festivals, Reencuentro Cuba o
Saint Patricks Day Parade and the Three Kings Parade. You are going to have to
reduce those people below the level at which they can operate properly for the
sake of the total community if you allow this kind of thing to happen. If on
the other hand you rescind your motion, your resolution concerning New World
Festival and turn back all of these monies, I think that I can tell you what
the Committee intends to do. See that everyone... because that was what you
gentlemen started out today's meeting about and I think it was fantastic.
Coi�,.riasicjt,ez Dawkins, one together unity. The Mayor reiterated and so did
Commissioner Perez. The Mayor said something else, I think though, that we all
need to learn ---he says he has learned it--- and that is we can be at times
protective of our own and I think what we are trying to do is to make sure
that every organization who was told by the City that they had to come through
this Committee that everyone come through the Committee, then the City Manager
can deal. with our recommendations and make those recommendations appropriate to
you. We know we are no more than advisory. We know that he then in turn makes
the recommendations back to the City Commission, but without having everyone
go through the same system I would like to know if we are really being democratic.
I don't believe we are.
Mayor Ferre: Well, I think what is more to the point and much more to
.48 Nov 1 e. 1981
the point in words that Father Gibson would always repeatly say when these
things happen. He would say "If you are not going to pay attention to the
Committee, why do you want to have a Committee." Now, that doesn't mean that
this Commission cannot override your opinion, because you are an advisory
committee. But I think Gibson' point was that if you are going to spend the
time to go to the hearings and you spend countless hours going through... in
numerous hearings and days and if your charge was to balance this so that the
Black Community and the Latin Community would be a balance so that the general
community would be balanced and a lot of these festivals are general in nature,
for example, P.A.C.E. P.A.C.E. addresses itself to the Latin, the Black and
to the White community.
Mr. Barad: As does the New World Festival, sir.
Mayor Ferre: As does the New World Festival. Some of these Committee are
Latin based, some of these are Black based. We have Kwanza, we have this,
we Calle Ocho, those are Latin based or Black based type of... Now, you tried
to balance this ethnically, you have tried to balance it geographically so that
the Grove gets a little bit, Overtown gets some, Liberty City, Little Havana
so that everybody gets a little bit of all of this. Now, the question really
is if we are not going to... if we are going to totally disregard the Committee
as Gibson used to say, then why have the Committee.
Mr. Barad: Sir, we did what you exactly commissioned us to do. You wrote a
resolution, you passed it, we followed it. Mr. Mayor, the Committee said
frequently and that's why we put in this report to you. We said frequently,
gee if we have the resolution we must abide by it. We didn't always necessarily
agree with the resolution, Mr. Mayor, but we knew that, that was what we had
to deal with. In fact, the Committee did say in the past that we wanted to get
together after January, have open meetings, let the public have an input into
the resolution and therefore come back to you with a new report that might
better meet the needs of the total community. So, granted sir, if you tomorrow
changed the resolution I will guarantee you from my colleagues on the Committee
because of such reason, we are going to follow the resolution you gentlemen give
us. We are not going to break the law and that is what we have done here. But
on the other hand there have been numerous exceptions made. We are asking you
to retract, come back, throw the money back in, put this Committee back to
work--- it's willing to go to work next week sir. Go back, that's it. Thank
you, very much for the opportunity and on behalf of the Committee. I see our
Chairman is sitting here, Mr. Mendez.
Mayor Ferre: Alright, Mr. Chairman, you want to add anything else to it?
Ms. Mercy Diaz Miranda: Good afternoon, I'm Mercy Diaz Miranda and I'm the
Chairperson of Hispanic Heritage Festival. The festival took place from
October 6th thru the 18th and as you know this was the 9th annual celebration
to commemorate the discovery of America, not to focus a certain group of
Hispanic. On the contrary this year we had the participation of the Black
Archives precisely and there was a presentation of Black Folklore. Also, from
the Greater Miami Jewish 'Federation and from clogging and square dancing from
another local group of American traditions. The components of the board are
fifteen members volunteer and they represent the three ethnic communitys and
this festival of thirteen days was coordinate precisely by the entire community
as it was recommended by the Festival Advisory Committee and the Department of
Leisure Services of this City. It was granted out of the fourteen thousand
dollars that we requested ninety-two fifty, nine thousand two hundred fifty
dollars for Hispanic Heritage Festival and as I said it already took place.
We are in debt with some of our commitments and some of our exhibits and frankly
we do need the money along with the money that was collected from the private
sector and also from Dade County Council of Arts and Science which partially
funded some exhibits. So, we have... I do sympathize tremendously with the
rest of the organizations that are here present, but you have to consider and
I wish you all Commissioners would consider that this festival already took place,
that the people involved were the people of our City as well as other people
coming from other nations, whatever it was. And again, I repeat this is to
commemorate a historical statement of the discovery of America and one of the
cultures which is the components of our nation. So, that is our request and
we certainly hope that the... Mr. Mayor and the Commissioners could approve this.
We really need to...
Mayor Ferre: Alright, Ms. Miranda, let me get right to the issue. The Hispanic
Heritage Festival is a Dade County created organization. There was a time when
you would get all your funding from Metropolitan Dade County. They had to cut
.49
Nt; v � � .� �1
and this is why you need to come supplement.
Ms. Miranda: If I may say, Mr. Mayor, Dade County coordinated the festival for
us, but the festival was also funded by the private sector. Like eighty-four
percent of the festival always in its entire history has been funded by the
private sector. Dade County did staff, but we reimbursed all the expenses tb
Dade County.
Mayor Ferre: It is a County originated operation. Now,... and by the way,
which is the way it should be, because the Hispanic community lives in all of
Dade County and Miami is also part of Dade County. Now, let me tell you what
my position, for example, is and I told Bob Simms that of the CRB Board. I said
Bob, I'm going to fully support CRB, you got my vote on the City of Miami Commission.
However, I want you understand that if you want City money it cannot be a County
organization. Now, if you want us to... if want... you know, as Claude Pepper
who was always telling me about Senator Vandenberg used to have a great saying.
"If you want me at the landing, invite me at the take off". Ok? So, in other
words, if you want me to be a part of this. .-if you want my money, that's fine,
I want some of my representation in this. I don't see too many people that are
very City oriented. Your honorary Chairman is Steve Clark and you know, so
on down the line. These are all County people.
Ms. Miranda: Not all Mr. Mayor, if I may say. The honorary Chairperson this
year, every year it changes and this year it was Mayor Steve Clark, but I mean,
the City has also always been a sponsor to Hispanic Heritage Festival.
Mayor Ferre: Let me put it another way. Who decided who the Board of Directors...
Ms. Miranda: Oh. First of all, I would like to mention the following. It
was a Metro Dade County Commission, but it is not a Metro Dade County Commission.
This is a non-profit organization registered in the State of Florida and Mr.
Clark doesn't have to do a thing with this Committee.
Mayor Ferre: No, no, my question is, how were the Directors selected?
Ms. Miranda: The Directors are selected by vote. Like we have election now
November, on November.
Mayor Ferre: Who votes. Is'it a popular vote? You mean you have a referendum
on it or is it that... is it the Latin Chamber of Commerce that elects it?
Ms. Miranda: Not at all. No, it's the fifty Directors who vote for the incoming
Directors or I mean the incoming officers of the Hispanic Heritage.
Mayor Ferre: Who selected the fifty Directors?
Ms. Miranda: The fifty Directors were volunteers this year, because as you know
after the bi-lingual resolution it was either to leave it down the drain or to
do something and it was late this year in the month of March when we decided to
go ahead and to continue our festival that really an attraction, a tourist
attraction for the City of Miami as well as the rest of Dade County. So, therefore,
these fifty individuals represent themselves and have worked as volunteers to make
this festival possible.
Mayor Ferre: Let me ask you this, how much did you get from the County?
Ms. Miranda: The County... the Council of Arts and Science granted us eighteen
thousand dollars and that was specifically, ten thousand for the MET Museum for
an art exhibit and eight thousand for a street event, which is veroeria anti
that was it. And the City of Miami...
Mayor Ferre: Now, look, the TDC is the parent organization of the Art Council
as I understand it. In other words, that's where the money comes from. TDC
came about because of a two percent tax on hotels... (INAUDIBLE)... that's a
two percent bed tax. Now, sixty percent of those hotels are within the City of
Miami jurisdiction or close to half. Now, as I understand it I don't
count that as a County because those monies come from all over and
within the City of Miami. You are asking us to take money out of our budget,
which is out of our pockets... you see, we don't have... we don't get this
from a bed tax. We get this from the taxpayers of the City of Miami. They
come up with this money. Now, I have no problems on this provided, number one,
County participates, not the TDC. And number two, that if we are going to put
some money in it, we have some say so. Otherwise, I'm not involved.
50' Nr' i 31
Ms. Miranda: out of the festival, out of the many events, diverse events
that we had. Precisely, in the City of Miami we had in eaach of Hispanic
Roots which was held in Miami Downtown...
Mayor Ferre: That's not what I'm talking about.
Ms. Miranda: dell,... I mean, you know that...
Mr. Plurver: Let me tell you what you are talking about, because I don't think
any of you are aware, unless you go to a TDC meeting. Do you know where ninety
percent of the twenty percent cultural monies goes for two year commitment?
To the New World Festival. The New World Festival represents for a twenty-one
day program one million seven hundred thousand dollars.
Mayor Ferre: (COMMENT INAUDIBLE).
Mr. Plummer: That's the two percent money. That's almost all of the CNA money
from TDC, except for that ten percent of it which is set aside for special events
and that's why they are sending all of those people here and that's what I was
trying to bring to your attention this morning.
Mayor Ferre: A old County trick, you know. They create these things, then
they stop funding them and then they send them down here for us to fund.
Mr. Plummer: There are -no monies in the Cultural and Arts, because for two
years that money is committed for the New World Festival. '
i
Mayor Ferre: (COMMENT INAUDIBLE). On the record please, on the record.
Mr. Barad: Alright, John Barad, I spoke before, 4225 Lenox Drive in Coconur,
Grove. As a matter of fact, sir, you have now given a hundred seventy-five!
thousand to the New World Festival as of your July 27th resolution, tha4-='s
why in addition, now today you have a resolution before you asking y�6u for a
building Downtown with no rent for two months and so they are try4- 9 to get even
more. And Mr. Mayor, this is a very good point, you said that, that organization
is not Dade County, but takes City money, taxes off of our hote ls. We are not
getting credit for being a supporter of those. But may I ask question,
please of the Hispanic Heritage Festival. I•looked at the ve fine advertising
program you had in the Miami Herald. Why did you not list the City of Miami
as a co-sponsor? Was it in there all the time or was it just s me of the time
left out?
Ms. Miranda: If I may answer, it was always there and the adv
has been large. The City of Miami was the major sponsor of th
at Dade County Auditorium of folklore, local and international
in the brochures that you have got and it says so in this broc'
it's itemized in the bottom.
Mayor Ferre: oh, I see. Coral Gables, Miami, Miami Beach and
How much did you get from Coral Gables?
Ms. Miranda: No, we didn't get anything from Coral Gables, I
Mayor Ferre: Well, you say Coral Gables... you say it's adverti
It says Coral Gables, Miami... is that what you mean?
.sing record
presentations
it says so
L. Precisely,
County.
at the bottom.
Ms. Miranda: No, no, sir. No, no. Please, if you take the very first event,
the very first event is the folklore festival at Dade County Auditorium, ok?
w-iu t:nere is Southeast Financial Group ane there is Hialeah and there is the
City of Miami.
Mayor Ferre: Oh, I see. WQBA, Miami, hiealean.
Ms. Miranda: But it is the City of Miami and it was stated...
Mayor Ferre: You are talking about this little thing here?
Ms. Miranda: Yes, but here also, you have got this in Spanish and in English
and on the very first event it says 9th annual Hispanic Heritage Festival,
Folklorico FestivaI Dade County'Auditorium and that's where it says the City of
Miami, too. So, it was always and also in every publicity that was published
it stated the City of Miami as the major sponsor. Aida Levitan was present
representing the Mayor and she received a recognition as sponsor of those three
.51 N );' 1y81
A
presentations at Dade County Auditorium, which was the inaugural event.
Mayor Ferret in other words, what you are saying... I see the City of Miami.
And all these people gave either money,...
Ms. Miranda: Yes.
Mayor Ferret Nine thousand dollars or more?
Ms. Miranda: Over, over.
Mayor Ferrer Or in -kind services?
Ms. Miranda: No, no, over money,'physical money, but over that amount. But
the City:of Miami, because it has always been the *sponsor. because you know.
so many things were taking place at the City of Miami, in the City of Miami
that you know, we felt that we wanted to do the proper promotion anC to give
the exact recognition that should be given for the help that has bee,. assisted
to us in so many other times.
Mayor Ferre: Did you get any money from Coral Gables and Miami Beach and Hialeah?
Ms. Miranda: We did not put as sponsorers the City of Coral Gables, nor the
City of Miami Beach, nor the City of Hialeah, because they were not sponsors.
`Mayor Ferre: So, in other words, when it says down at the bottom Coral Gables,
►.Miami Beach, Miami, Hialeah...
Ms`, Miranda: No, that's where it takes place.
1.
May(?r Ferre: That's the geography. I see.
Ms. Miri--da: Yes, of where it takes place along with a map and so forth, but
I mean, yot+ know, the sponsorers are the ones listed underneath the events.
Mayor Ferre: J hn, what's your recommendation again? Or the Chairman, either
one.
Mr. Barad: Thje
ommittee recommends, first of all, these funds, but not... In
other words, glemen, if you could turn this all back over to us and they
could wait untthe December meeting, I think that this whole thing could be
straighten outIf you could rescind the previous motion that you had made...
the resolution reference to the New World Festival, you will have released
the funds necery for the Orange Blossom Classic, for P.A.C.E., for them and
for even•one a it would mean this, Mr. Mayor, that the New World Festival
would prcbabl%eceive less than the hundred twenty-five thousand dollars that
you have so far given to them in the resolution. They probably would get more
like seventy-five thousand dollars and the Orange Blossom Classic... In other
words, get wyerything. Everyone would get everything.
Mayor Ferre: We may have to reconsider that. I don't.... Huh? We may have
to reconsiderythat because we may not be able to afford a hundred twenty-five
thousand dollars with the way... you know, we have already given twenty-five to
the Orange B1!ossom Classic, you know, and we have all these... we may have to
reconsider this whole thing, you know. Alright, what... I will tell you, you
have heard booth sides of this now. What's the will of this Commission? What
do you want to do?
Mr. Carollo: Mr. Mayor, we have to cut the line somewhere. You know, I kept
:renticn'ng this month after month after month, it's just that one group that
comes, but all the ones that come behind it.
Mr. Dawkins: I happen to agree with what you said previously. Either let's
adhere to the Committee or let's absorb the Committee...'
There is no point in having a committee and have these citizens volunteer their
time and their- help and their services and bring recommendations to us..
Mr. Gary: The Committee recommended this. The Committee recommended that
we give them thin money.
Mr. Plummer: Which Committee?
.52
Nov E1
IVA
Mr. Gary: His Committee.
Mr. Pluuvars Well, that's what I said when they said that they were recommending...
Kr. Perez: I would like to request some kind of representation of
the City of Miami in that Committee. I think I am complete in favor of that
kind of festival and I know the record of these people trying to keep our
tradition. But any how I think that would be important what you pointed out
at the beginning. It's important to have the representation of the City of
Miami in that Committee. We have a lot of activities in our City, not included
in our regular schedule and I think that, that's very important to have some
kind of representation and maybe in the next meeting we can discuss it.
Mayor Ferre: Well, now,... and by representation you don't necessarily mean
that we would appoint, because there are many ways of doing that. They could
recomi-tend that we choose, that type of thing. So there are different ways
in having representation. J. L?
Mr. Plummer: Well, let me address that particular point, Mr. Mayor. There
is a policy of this Commission that there is to be no monies given to any
organization without one member of this Commission being on the Board of
Directors, that goes without saying. That's a policy of this Commission. Mr.
Mayor, it is my understanding in checking with the Administration, that the
Festival Committee did in fact recommend the amount of nine thousand two
hundred fifty dollars. I think that is what she is here today asking for and
when I made the statement at the last meeting that any of these events that
took place that we had made a commitment to and had been recommended that we
had to live up to those commitments, I don't think we have any choice, Mr.
Mayor, in this particular time, but to follow the advise of the Committee.
Mayor Ferre: The problem with that is, that we made that commitment to everybody.
Or to many of these people who saw that list. Now,...Well, let me tell you
what the problem is, see. They recommended to the Orange Blossom Classic
fifteen thousand, is that right? Fourteen thousand and we gave them twenty-five,
is that right?
Mr. Plummer: Twenty-five one, wasn't it?
Mayor Ferre: So, Howard? John, you recommended fourteen, we gave them twenty-five.
Mr. Barad: No, let me clarify that point, sir, if I might. We recommended
since the Orange Blossom Classic did not fulfill the guidelines of the resolution
which you gentlemen gave us to work by, that we did back the Orange Blossom
Classic, but that we said the funds, because they didn't meet the guidelines,
had to come out of some other area of the City budget if they were to be funded
since it didn't meet the guidelines, sir.
Mayor Ferrre: Howard, is that the way we did it? So, in other words, we haven't
taken money from the Committee?
Mr. Barad: Yes, we have.
Mr. Gary: Yes, we have. This was his suggestion and the City Commission
agreed with me that the funds... no funds existed other than the Quality of
Life Fund for this particular purpose.
Mayor Ferre: Well, now, the problem again, is that of the original intent was
that we were going to create a Committee and we allocated how much to it? A*
hundred twenty-five thousand?
Mr. Barad: A hundred sixty-eight.
Mayor Ferre: I'm sorry, a hundred sixty-eight. We have now taken twenty-five
thousand...
Mr. Barad: No, you have reduced it by a hundred thirty thousand in the last
week.
Mayor Ferre: How have we done that?
Mr. Barad: Because you have got twenty-five thousand for P.A.C.E. on there
and you have got nine thousand for the Hispanic Heritage which equals the same
amount--- you are right, Commissioner Plummer--- that we were recommending and
P.A.C.E was coming from another organization completely. Again, Mr. Mayor, we
can straighten this out if you rescind your New World Festival which was in July
after you created this Committee and we start over and do it very quickly so
that everything can be taken care of by the December meeting.
Mayor Ferre: Alright, John, I'm willing to do that, but out of fairness to the
New World Festival Committee we have got to tell Bob Herman and the others
so that they can be present at these discussions. I think it's unfair to chop
them up without them even being here.
Mr. Barad: We would recommend that every Eingle organization that originally
made a presentation to this Committee come back before this Committee again.
Come back to -us again.
Mayor Ferre: I'm afraid we are going to have to do it that way. Yes, Ma'am?
Ms. Miranda: I would like to state that Aida Levitan is a member of the Board
of Directors and that Jose Frexias at that time he was a member of Dade County
Council of Arts and Science or the... I'm sorry, the Festival Advisory Committee
or the Department of Leisure Services of the City of Miami. So, I... No,
he was not representing the Committee, but I mean, you know... He is a member
of the Board. I mean, we don't have anybody either from Dade County. And we
do have members of the City of Miami.
Mayor Ferre: Ok. Alright,...
Mr. Plummer: Mr. Mayor, I make a motion at this time we live up to the commitment
and the recommendation of the Committee and pay this bill that's due and owing.
That is assuming you have met and surrendered your audit and all of that which
is required. I make a motion to that effect.
Mayor Ferre: Alright, there is a motion and a second, further discussion,
call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 81-941
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING
THE ALLOCATION OF A CASH ASSISTANCE GRANT IN THE
AMOUNT OF $9,250 FROM SPECIAL PROGRAMS AND ACCOUNTS,
QUALITY OF LIFE PROGRAM - COMMUNITY FESTIVALS, TO
THE HISPANIC HERITAGE FESTIVAL, INC., THE SPONSOR-
ING ORGANIZATION OF THE "HISPANIC HERITAGE FESTIVAL"
WHICH WAS CONDUCTED OCTOBER 9 THROUGH 17, 1981; AND
FURTHER AUTHORIZING THE CITY MANAGER TO SET THE
CONDITIONS UNDER WHICH THE CITY WILL PROVIDE SAID
CASH ASSISTANCE GRANT.
(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 Millier J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
�4
FURTHER DISCUSSION:
Mr. Plummer: Let me speak now for the maker of the motion so there will
be no misunderstanding. There was nothing in my motion of intent of implied
of next year. Do I make myself very clear? So, don't come back here thinking
anything is automatic. Next year we know we are going to be twelve percent
worst off than we are now and we are in a crunch now. So, nothing was made
or intent or implied that, that has any bearing on next year, because it's
going to be rough.
Ms. Miranda: It's understood, Mr. Commissioner. Thank you very much to all
of you.
Mayor Ferre: And I just want to tell you that I think what you do is very
worthy and very worthwhile. I'm very supportive and I wish you well. I hope
that if next year you come back for monies from the City of Miami
that you will keep in mind that we have to have some representation.
Alright, is there anything else on this issue.
27. POLICY OF CITY COMMISSION NOT TO GRANT FUTURE WAIVERS OF
FEES.
Mayor Ferre: The next thing...excuse me.,. Alright, come forward.
Ms. Joanne Holzhauser: I'm Joanne Holzhauser, 4230 Ingraham Highway. I
believe... did you give him the annotated one? You have other items coming
up and I believe Mr. Mendez gave them you. there are other items coming
up for organizations. They are all worthy organizations, but I'll point out
to you that they should have come under the same guidelines we did when
you examined them.
Mayor Ferre: I think you are right and let me tell you what they are. Item 69,
personal appearance by the Florida Philharmonic. nn "Pops By The Bay" and I
know that Marshall Harris is here. There is already half of the fee waived
and what they are asking for is the full fee. They are asking for a waiver
of what? Three thousand dollars?
U`j.1
rAl
Mr. Plummer: Seven.
Mayor Ferre: What?
Mr. Plummer: Seven is what they are looking for.
Mayor Ferre: Now, they already get half of it, don't they?
Mr. Gary: Three thousand.
Mayor Ferre: So, in effect they are asking for three thousand dollars and
they are right, that belongs in their Committee. The next thing that we have
is a personal appearance by Robert K. Burlington, who has now said that he
has withdrawn it and he wants a fee waiver for the Bayfront Park Auditorium
for the Miss Miami Pageant. Then Item 73 is a personal appearance by the
Patrons of the Museum of Science, regarding Around the World Fair on January
29th, which is the waiver of a fee and of labor. Then there is Item 75, which
is Fausto Gomez, Director of the Legislative Relations of F.I.U., who wants
a waiver regarding the fifth annual running of the Orange Bowl Marathon. That's
a five thousand dollar waiver. Then there is Item 76, which is a personal
appearance by representatives of the New World Festival regarding a fee waiver
for Bayfront Park Auditorium. Now, that again is an expense...(COMMENT INAUDIBLE)...
And then Item 78 is another waiver requested by Emilio Calleja, who is here,
the Executive Director of the Downtown Business Association, for the closing of
Flagler Street on November 29th for the Downtown Art Wave and the Domino Tumble
Art Festival. They are asking for a waiver of one half of the off -duty police
officers. When you add all that stuff up you are talking about twenty or thirty
thousand dollars.
Mr. Carollo: And we are just starting on this new budget here. Would it be
appropriate... I mean, I have been talking about this for the last two years.
Would it be appropriate to make an ordinance, no exceptions, no breakage of
the rule that from now on we do not give out any monies for any such activities
that we do not make any exceptions in cutting the fee of any kind to anyone.
Otherwise, it's never going to finish.
Mayor Ferre: I am afraid that the budgetary constraints ---and I hope you don't
get upset with me when I tell you--- that have been imposed on us by this
Administration and by the economic conditions of the Country, which includes
Miami, Florida, really force us to take this kind of a position. I think we
are just going to have to tighten the belt. Now, if you want to make that
in a motion I will accept it.
Mr. Plummer: Well, you see, here again, Mr. Mayor, of that monies which was
dedicated, which is one million dollars a year, that is the cultural and arts
portion, it represents just about a million dollars a year for the T.D.C. Of
two years allocation one million seven has gone towards the New World Festival
and there are no monies left and all of those people instead of where they should
rightfully be applying to that segment of funds are now being turned away and
say go see the City of Miami, and this is where they are getting ping ponged.
Now, you know, they keep saying that in another year those obligations are going
to be over, but they are already talking about the second annual New World Festival.
Ms. Holzhauser: I appreciate it, because as all of you know for several years
I have begged that we have this kind of fair handed treatment of every cultural
and performing arts, every festival. We are willing to abide by it. Our books
are open. All we ask is that the same scrutiny be applied to every single
.55 N0 L_ ^01
organization. And may I add, this Committee has worked unbelievably hard and
we appreciate it. They have been marvelous. Thank you, very much.
Mayor Ferre: Thank you, very much. We have a motion on the floor and... Will
you state the motion?
Mr. Carollo: The motion is that we do not make any exceptions in the waiver of
any fees period for anything.
Mayor Ferre: Is there a second to that motion?
Mr. Plummer: For purposes of discussion I second.
Mayor Ferre: Oky under discussion, Mr. Plummer.
Mr. Plummer: Mr. Mayor and to the maker of the motion, I would like to see
from the City Manager a list of those areas that would be affected. Are you
talking about, Joe, in your motion for example, those what we call in -kind
waiver of fees? Or are we speaking only to absolute waiver of fees?
Mr. Carollo: Yes, we were talking about dollar fees.
Mr. Plummer: You know, I think before we make a final vote on this that we should
know the total impact.
Mayor Ferre: This is a motion that is a motion of intent.
Mr. Plummer: Alright, so then before it would come... alright, fine.
Mayor Ferre: It would have to come back as a resolution. And as I understand,
what Commissioner Carollo is saying is out of pocket money. If we can give
somebody a facility and it's not an out of pocket expense and we have
it available I don't have any... I personally...
Mr. Plummer: Well, you see, Maurice, that's a misnomer. Let me tell you why.
Now, my good friend Calleja, the man I can never pronounce, Emilio, my neighbor.
Alright, any how, you see, he is going to come here and he is going to ask for
half of the fee for the Police Department. Now, you know, I'm going to vote
for it,...
Mayor Ferre: That's cash.
Mr. Plummer: But that's money. Now, let me tell you, the thing that really
got me uptight one time was when I learned that, that barge that they used for
a stage at the Marine Stadium they asked for the waiver of the fee, that fee
is seven hundred fifty dollars to move that barge from one side to the other.
Mayor Ferre: That's cash. That's a cash expenditure.
Mr. Plummer: Now, if you use the showmobile do you realize that it cost City
expense something almost three hundred fifty dollars for City employees to go
set it up and tear it down.
Mayor Ferre: That's a cash expenditure.
Mr. Plummer: So, what I'm saying is I think we better know the full impact
of this motion and that's why I'm asking that the Manager come back to us
before it comes in ordinance form to give us the impact of what we are really
voting on.
Mr. Carollo: Well, I have no problem with that J. L., but you are really not
going to know the impact of what we are voting on because every Commission
meeting we are going to have five or six people asking for something different.
Mr. Plummer: Joe, you are not going to have any argument out of me.
Mayor Ferre: You see,... but the problem is this. You see, Emilio Calleja,
for example, is here and he happens to be a person that I consider a friend.
I also think that he is extremely well-intentioned. I also think that what he
does is very valuable to the City. I also think that what he is asking for is
something that is reasonable. Now, what he is asking for ---if I'm not mistaken ---
is on Item #78, is one half of the fee of the off -duty officers that are needed.
Nov
v ����
Mr. Plummer: Alright, but this motion...
Mayor Ferre: That's a cash expenditure on our part.
Mr. Plummer: This motion would preempt that.
Mayor Ferre: What?
Mr. Plummer: This motion would preempt that.
Mayor Ferre: Yes, but the point I'm trying to tell you is, that the one thing
that I do not want to be placed in is making decisions on favoritism, because
otherwise, the moment you open up and you say "Well, I'm going to do it for
so and so because that's in the Black Community and I have an obligation to
do that in the Black Community, then... or I'm going to do it because Emilio
is the guy who is asking for it, then how can, for example, I then turn around
and say to Fausto Gomez that I'm not going to do it. Fausto Gomez was my former
assistant. Now, what he wants is going to cost us five thousand dollars and
I know I'm going to get Dr. Gregory Wolf calling me on the phone tomorrow and
saying "Listen, F.I.U. does a lot of things for the City of Miami and you get
a lot of benefits and we bring things to this community that are very important
and we are going to bring the fifth annual Orange Bowl Marathon and you are
going to get millions of dollars worth of publicity from that because it will
be on CBS and ABC and for a measly five thousand dollars you are not going to
help us and you mean to tell me it isn't worth that kind of publicity."
Mr. Plummer: Well, but you see, the answer is, Dr. Wolf, that's why the bed
tax and that's a million dollars a year in which you go apply with your measly
five thousand dollars, because that's what that bed tax is for. Now, more than
that, that would come under tourist and promotion which has five million dollars
a year.
Mayor Ferre: J. L., the only point I'm trying to make to you is that if we
bite the bullet it's got to be for Fausto as well as Emilio, as well as for
things that come up in the Black Community and the Cuban Community and every
community. And I want you to know that it's going to solve a lot of problems,
but it's also going to get an awful lot of people very upset.
Mr. Dawkins: May I ask a question, please? What is the difference between an
out of pocket expense as you said for waiving half the fee of the police protection
than if you give the Bayfront Auditorium free and the lights burn and the water
burn. there is no difference. So, it's all expenses.
So, let's just quit BSing. I mean, let's just quit fooling around. Either we
are going to say let's don't waive anything or we are.
Mayor Ferre: Well, let me give you the kind of example of what I'm talking about.
Suppose somebody says "Ok, we would like to use the Bayfront Auditorium.
We will pay for the cleaning and we will pay for the insurance, we will pay for
the lights, we will pay for the police. Whatever the out of pocket cost is.
Mr. Plummer: Well, Mr. Mayor, then the answer would have to be the same as
well, you know, that's fine, but we had to raise the rates on Dinner Key today
and that's the reason for it.
Mayor Ferre: Ok.
Mr. Plummer: And it stops us from getting other revenue that we could have
rented it to someone who would have paid it.
Mayor Ferre: If it's time to bite the bullet, it's time to bite the bullet.
Mr. Dawkins: I agree, Mr. Mayor.
Mr. Carollo: I'm ready to make the motion, Mayor.
Mayor Ferre: We already have a motion, you already made it.
Mr. Carollo: Well, we have a motion of intent.
Mr. Plummer: Well, that's all you can do today, Joe.
57
Mayor Ferre: You have a motion and you have a second, is there further discussion
on this motion?
Mr. Plummer: Further discussion. Mr. Mayor, it is my understanding we have
two other commitments now and I fully intend to live up to those other two
commitments, one to P.A.C.E and one to the Orange Blossom Classic.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Plummer: Sir, we have made a commitment.
Mayor Ferre: I have made a commitment on that.
Mr. Plummer: And I made a commitment right here on the public record.
Mayor Ferre: That's right. And I will tell, that's one that we can't back
out. Anything else on the motion? Further discussion, call the roll.
The following motion was introduced by Commissioner Carollo, who
moved its adoption.
MOTION NO. 81-942
A MOTION OF INTENT OF THE CITY COMMISSION THAT IN THE
FUTURE NO FEE WAIVERS SHALL BE GRANTED FOR ANY REASON
BY THE CITY COMMISSION WHICH IN ANY WAY INVOLVE ANY
CITY EXPENDITURES, WHETHER IN CASH OR BY MEANS OF
IN -KIND SERVICES.
Upon being seconded by Commissioner Plummer, the motion was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
FURTHER DISCUSSION:
Mayor Ferre: Alright, while we are waiting J. L.,... On item..
Mr. Plummer: On this same item.
Mayor Ferre: Oh.
Mr. Plummer: Mr. Mayor, please don `t leave me up in the air and scared to
go to the next TDC meeting. Is this Commission going to request the New
World Festival to come here and be informed that they are taking away their
money or not?
Mayor Ferre: Yes.
Mr. Plummer: Ok, so they are going to be invited to the next meeting to be
informed that we are contemplating taking away the hundred seventy-five thousand
donation from the City?
NOV _ �.1
C r
28.
PERMIT LIQUOR SALES FOR SUNDAYS IN MONTH OF DECEMBER
Mayor Ferre: Alright, now, while we are going on Item 32, Mr. Sabines is
here from the Chamber of Commerce and... J. L., you want to make the motion?
Mr. Plummer: I so move that Mr. Mayor, so that all of the people can enjoy
their fine spirits and you know what's funny, Father Gibson, the Preacher always
made this motion in the past, that on December 6th, 13th, 20th and 27th, that
liquid refreshment be able to be sold from the fine stores of this community.
I so move:
Mr. Dawkins: I second.
Mayor Ferre: There is a motion and a second, further discussion? This is a
waiver actually.
Mr. Plummer: No, it's not a waiver. I guess it is a waiver.
Mayor Ferre: This is special permission... It's a waiver for the month of
December.
Mr. Plummer: It's dispensation.
Mayor Ferre: For the month of December?
Mr. Plummer: No, just those dates outlined, Mr. Mayor.
Mayor Ferre: So that on those particular Sundays liquor can be served.
Mr. Plummer: Right.
Mayor Ferre: Fine.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Call the roll.
The following motion was introduced by Commissioner Plummer, who
moved its adoption.
MOTION NO. 81-943
A MOTION GRANTING CERTAIN EXTENSIONS IN PERMITTED HOURS OF
SALE FOR N.C.O.P. ESTABLISHMENTS DISPENSING ALCOHOLIC
BEVERAGE DURING THE CHRISTMAS AND NEW YEAR HOLIDAY,
SPECIFICALLY ON THE DATES OF DECEMBER 6, 13, 20 AND 27, FROM
10:00 O'CLOCK A.M. TO 10:00 O'CLOCK P.M.
Upon being seconded by Commissioner Dawkins, the motion was passed
and adopted by the following vote: '
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
59
C 1^
Mr. Jenkins: We are actually asking for the lease area to be w,e same slightly
moving it to the West so as to facilitate building the docks that we need.
There was not a water available.
Mayor Ferre: Well, wait a minute, that's in front of a park.
Mr. Plummer: Yes, that's where the rental property is.
Mr. Bill Harrison: The Commission has granted a lease to the Coral Reef
Yacht Club and we are in the implementation of the docks themselves. We were...
had to slide the lease down another twenty-five feet to accommodate a spoil
area that had been clandestine dumped in the way to make room for it. Now, we
are... we have a lease in that general area. We, if I may... We have a lease
from the Commission... (COMMENT INAUDIBLE)...
Mayor Ferre: Well, wait a mintue, you see,.. I tell you I have got no problems
with your'ektending 'straight out but when you go over what is now part of
Kennedy Park where the sail boats are being leased and all that, I don't know.
Mr. Harrison: May be I can give some clarification Mr. Mayor. The original
lease area that was passed in 1979 called for an extension that...
Mayor Ferre: Well, we better get... I see that the gadfly of Dade County has
just walked in and Mr. Paul, since you are the protector of the public
water way, you better come and look at this.
Mr. Harrison: The original 1979 agreement called for a dock extension to come
out into this area of the Bay. There were discovered to be productive sea
grass in this particular area. The Coral Reef Yacht Club went through all the
administrative hearings necessary and their permits to do their dock extension
in this area were denied. The Coral Reef Yacht Club then came to the City
Commission and asked for an amendment to their 1979 agreement.
Mayor Ferre: No, look, you don't... let me tell what Plummer's problem and
my problem, ok? I have no problems Dan, if you look at that, extending their
pier so that they have... they are taking from the uplands as if they owned that
property out into the Bay. But for them to take and block out the view from
the park, see the uplands from where you are projecting that pier is happens
to be a City of Miami Park.
Mr. Harrison: That's correct, s!, .
Mayor Ferre: That's right. And so, I am concerned... I have no objection to
them extending their pier because that's a different matter, but I do have
some concerns about them going over and blocking the view from the park by
building a pier in what would be the waterfront of the uplands that is now
a park.
Mr. Harrison: Mr. Mayor, if you would look into your packet there was
a map attached to the memorandum and it showed where the first amendment to
the agreement called for a pier to run over to this direction and this existing
pier remain the same. The only thing that has been changed from that is that they
are asking to adjust their premises back approximately twenty-five feet in this
direction and to build their pier across in this area rather than coming across
through here and that's the only substantial difference.
Mayor Ferre: Look, the difference is that instead of having that pier way out
where it's not bothering the park, you are moving it where it's within forty-
five feet of the park. Now, that happens to be a very beautiful park. It used
to be a home. And that's used a lot and there is a rental thing there for
sail boats and what have you.
Mr. Harrison: Which is right in this location, sir.
Mayor Ferre: And what you are doing is, you are putting both piers within
forty-five feet of the land.
(BACKGROUND COMMENT INAUDIBLE)
Mayor Ferre: That's not what this says. This says forty-five feet. It says
forty-five feet.
60
29• CLOSE STREET DOWNTOWN FOR DOWNTOWN ART WAVE 81-DOMINO TUMBLE
ART FESTIVAL
Mr.Emilio Callejas: Mr. Mayor, may I get a clarification on the item that
you just bypassed? Mine, mine, Downtown.
Mr. Plummer: We haven't bypassed it. We haven't got to it yet.
Mayor Ferre: No, no, what he is saying is he doesn't want to waste ahymore
time. Wejust passed a motion saying there is no more waivers and he wants
to know...
Mr.Emilio Calleja: Fine. No, I just want a clarification because I do
need a permit to close the streets which cost no money. I just need the
Commission to approve it.
Mayor Ferre: Alright, Mr. Plummer moves and Mr. Perez seconds the closing of
the street, right? Any further discussion on Item 78, the closing of a street?
Call the roll.
The following motion was introduced by Commissioner Plummer, who
moved its adoption.
MOTION NO. 81-944
A MOTION GRANTING THE REQUEST OF MR. EMILIO CALLEJAS,
EXECUTIVE DIRECTOR OF THE DOWNTOWN MIAMI BUSINESS
ASSOCIATION TO CLOSE FLAGLER STREET ON NOVEMBER 29,
1981 FOR THE "DOWNTOWN ART WAVE - 81: DOMINO TUMBLE ART
FESTIVAL."
Upon being seconded by Commissioner Perez, the motion was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
30. DISCUSSION AND DEFERRAL: AMENDMENT TO LEASE AGREEMENT OF
CORAL REEF YACHT CLUB
Mayor Ferre: Alright, the next one is 32. Is there anybody here on Item
32? I thought there had been requested... Alright? Yes, sir the Chair
recognizes you.
Mr. Frank Jenkins: My name is Frank Jenkins, 14300 Southwest 68th Avenue.
I am the Vice -Commodore of Coral Reef Yacht Club. Mr. Mayor, according to the
motion we are asking for an amendment of our lease that was approved earlier
because of at problem with the water and building the amount of dockage that we
had to do to make it feasible.
Mayor Ferre: Alright, Mr. Jenkins, what specifically you want to know?
_ �1
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Ir
Mr. Harrison: I stand corrected...
(BACKGROUND COMMENT INAUDIBLE)
Mr. Plummer: Mr. Mayor, I move that this be deferred for further study.
(BACKGROUND COMMENT INAUDIBLE)
Mayor Ferre: Yes, and the land. The land and the pier is what he is saying.
The way it was originally.
(BACKGROUND COMMENT INAUDIBLE)
Mr. Harrison: The only change that they are asking in this amendment #2
Mr. Mayor, is approximately a twenty-five foot shift closer to the park area
that you -are talking about.
Mayor Ferre: I have got to tell you that I'm :ashamed to admit it, but I don`t
remember having_voted on this. Did I vote for that?
Mr. Harrison: Yes, sir. This has gone before the Waterfront Board, this
last proposed amendment change that we bring to you today and the Waterfront
Board also endorse this program. What this si:Lstantially is doing is enabling
the Coral Reef Yacht Club to move forward with their project to add
twenty-eight slips at their expense.
Mayor Ferre: Twenty-eight slips. Let me ask you a question. If you are going
to go and ruin all that... I don't mean ruin, because that's a bad word. If
you are going to go ahead and occupy that space, why not extend it and make
it into a longer pier parallel to the one that you already have?
(BACKGROUND COMMENT INAUDIBLE)
Mr. Harrison: I guess, I should have mentioned that. This program would
preclude any necessity of dredging and that's why the Friends of the Everglades
had endorsed the project.
Mayor. Ferre: Alright, there is a motion and a second that this item be deferrer,
until the next meeting so we will have more time. Now, would you gentlemen
make it a point to go see each member of the Commission and discuss it? I
want to have an open mind on it, but I am worried that so close to the park
and that's such a pretty park and you know to have those boats right on top
is something that I think we have to think about.
Mr. Plummer: Also, keep in mind that they will be getting additional land,
what additional compensation does the City get?
Mr. Harrison: Basically, the submerged land that they will obtain, the
City will end up getting about a hundred ninety-five dollars more than they
did previously and we are talking about totally submerged land Mr....
(BACKGROUND COMMENT INAUDIBLE)
Mr. Harrison: No, sir, a total line of the total project, because the
submerged water area remains basically the same. The only difference is that
there is more occupied dock area which is at a higher rate than just the open
water area.
Mayor Ferre: Are you going to have boats? Is this your proposed slip?
Will there be boats on this side? In other words, between the park and the
walkway there will be no boats moored there.
(BACKGROUND COMMENT INAUDIBLE)
Mr. Jenkins: Operates out of there floating docks. up in here,
prevailing winds they can also use that fairway. We also have a sufficient
fairway between the dock and the island here to continue to allow the boat
rental presently in the park. It would still use that passage.
Mr. Plummer: Mr. Harrison, where is the boat rental that the City has a
concession on now?
62 .s
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Mayor Ferret Alright, there is a motion for deferral, call the roll.
THEREUPON THE FOREGOING MOTION TO DEFER AGENDA ITEM NO. 32
to the next Commission meeting was introduced by Commissioner
Plummer, and seconded by Commissioner Carollo, and was passed
and adopted by unanimous vote.
31. AUTHORIZE AGREEMENT: MIAMI-DADE COMMUNITY COLLEGE
TRAINING SERVICES C.E.T.A. TITLE II-B
Mayor Ferret 35, now. Next Item 35 and then the next one is 52. Alright,
Mr. Chaves.
Mr. Melvin Chaves: My name is Melvin Chaves. I am the Director of
. We are an employment training community based organization. A
non-profit organization. We are in the CETA process. We are one of the top
rated employment training organizations in Dade County. However, we reside
in the City of Miami and have been serving the population of the City of Miami.
Of major emphasis is the Hispanic population, although we do serve approximately
twenty percent of the Black population. My presence here is an appeal to the
administration's recommendation to award one hundred percent of the funding
under the Title 2-B Training, which is a program that we provided for the
City last year, that and a basic employabilities skills training program, both
_ of which were very successful. Those funds were cut in May of last year because
of the cuts in public service employment. We have entered this in a competitive
process and we feel that in the spirit of what the City has done previously,
that support should be given to community based organization to maintain these
programs which is so needed and community based organizations are very close to
the people. We have the ability and access to the people most in need. I am
appealing...
Mayor Ferret ...(COMMENT INAUDIBLE)... and Howard, this is just my personal
opinion. We gave two hundred and some odd thousand dollars to...(INAUDIBLE)...
operation. Richard Portis, OIC. Right?
Mr. Gary: Yes, sir.
Mayor Ferret Now, where did those monies come from?
Mr. Gary: They came from our allocation.
Mayor Ferret What?
Mr. Gary: They came from our allocation.
Mayor Ferre: You mean from Federal Revenue Sharing?
9q
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Mr. Gary: No, not Federal Revenue Sharing, CETA funds.
Mayor Ferre: From CETA fund allocations.
Mr. Gary: Yes, sir.
Mayor FErre: Now, what are they doing with those funds? How much was that,
2507
Mr. Gary: Yes, sir. Yes, sir.
Mayor Ferre: Now, that did not come before the Commission.
Mr. Gary: No, sir. This was a consortium decision.
Mayor Ferre: Well, okay. I want to tell you something. I would have
voted for it. I happen to believe
And I want to make a motion that no more...and
we have to get out of the consortium then-1 am willing to do that.
On anything that deals with a policy matter of the City or Miami,
this Commission will decide the policy.
What you're in effect telling me is that we have now abrogated a policy
decision to a committee that is not even an elected... there's no elected
people on it. I want to review all of that.
Mr. Gary: Well, I can talk to you privately about that, but if the
City Commission recalls, when we were having all the problems with the
CETA the City, to a degree, abrogated some of those responsibilities to
the Manager so that we can have that organization run in a professional
manner. So those decisions were delegated to those Managers.
Mayor Ferre: I just want to revisit that whole issue.
Mr. Gary: Yes, sir.
Mavor Ferre: Not today. But I think we can talk about that. I don't
mind, as I said. I would have voted ...I can't think of a more important
program for job training. We need more jobs in this community.
But I think it's something that we
need to know about. Now iet me ask you this. Okay. We didn't vote
on it. Were we informed?
Mr. Gary: I can't recall that you were.
Mayor Ferre: See, and I have to tell you this, Mr. Manager, I just
went through a very tough election and I took an awful lot of heat
for you, for all of the administration. all of .you. What you do
affects me. Here you are making a decision for $250,000 and some money,
I have nothing to do with the decision, and I'm not even informed that
you took a decision. And I have to take the heat...
Mr. Gary: About $100,000, excuse the figure.
Mayor Ferre: Are you the representative? Mr. Krause, do you
represent the consortium?
Mr. Gary: No, I do.
.64 Nov 11211�-0
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Mayor Ferre: Oh, you sit on the consortium. I just had a very bad
feeling about my being the chairman of the policy setting of the legislative
body of this government. We're supposed to set the policy. The Federal
government sends us millions of dollars. If you allocate funds through
CETA Consortium, we don't get to express an opinion, we don't get to vote,
and we're not informed?
Mr. Dawkins: Mr. Mayor, did I hear you sdy, Mr. Gary, that you were
given the, for the lack of a better word, the authority to act the way
you acted? Did I hear you say that?
Mr. Gary: Yes, sir. But I made one mistake by not informing the City
Commission afterwards.
Mr. Dawkins. But it has been a policy for you to be in the position of
(Microphone failure)
Mayor Ferre: That was a decision that we made because of the ... we got
in trouble with CETA and they said there were too many people playing
politics with CETA. So that we could get away from politics, we
decided that the City Manager, that means Joe Grassie before, and then
Fosmoen, and now Gary and over at the County it's Merritt Steirheim and
so on, would sit on the CETA committee. Now thats been for the last
year and half or two. And sure enough, I think it was a good idea. I
have no problems with that. The only thing that I have a problem with
is if I'm not going to be involved in the policy setting which I understand
the reason for that, but I certainly think we ought to be informed.
Mr. Dawkins: I agree with you because I have a lot of problems
with CETA myself. That's why I'm concerned. I have a lot of problems with
CETA.
Mayor Ferre; What I wanted to express is I subscribe with what Skip
and Richard Porter and others say and that is community
based organizations are a heck of a lot better in doing these types of
things than structured things. I, frankly, would rather see this money
given to OIC or rather than to ttiami Dade Community College
or any community college.
Mr. Gary: Mr. Mayor, before you make a decision, I think it's important
for you to hear from Bob Krause because we may be helping the CPO'S
in one area, but we may be violating some rules and regulations as well
as putting ourselves up for liability in other areas.
Mr. Robert Krause: Mr. Mayor, members of the Commission, first of all,
I'd like to congratulate the Mayor and the Commissioners on their
election. I'm pleased to see you. I'd like to speak ... some of the background
on this item, the CETA training contract that we're working with, you may
know that in the past, total CETA funds allocated to the City of Miami
have been reduced from $10,500,000 which we were getting last year to about
$1,800,000 that we're getting this year. What we are talking about today
is a training contract for a part of those funds. We had training funds
j last year of about $1,000,000. This year, we have training funds for
about $120,000. You may remember...
Mayor Ferre: That's not the issue, Mr. Krause. The issue is not what, but
who. And the point I'm trying to make, Plummer keeps telling this, and
I agree with Plummer. The first priority is hot meals. I'm with that.
I go along with that. But in the social funding of programs,
the affecting order of things number one is-food'for people who wouldn't eat
hot meals otherwise. That's fine. But let me tell you what my priority
is with these type of programs. Number one is job training. The one thing
that we need to do is to train people to make a living.
Mr. Krause: Okay. Last year, we had enough training money that we were
able to provide contracts to the community organizations, contract with
private schools, contracts to a variety of people. I think we had 12
contracts last year. This year we had funds for only one. Now prepared
originally a proposal to the ^onsortium for a clerical skills training
program because we thought that that was one place where there is a
.65
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Mr. Krause (continued): shortage of skilled workers and we will be able
to find real jobs in the community for them. We submitted a proposal
based on training at the CPO's and private schools. Our original proposal
was rejected. It was returned to us on the grounds that the per capita
costs were too high and the number of trainees was too low. What we did
was we sat down with the consortium. We, reworked the entire proposal,
we cut the cost, and we cut the number of training hours, we increased the
number of participants. We found that the only training institution in
this area that could provide training for more than 100 people at less than
$1,000 a piece was the Miami Dade Community College. If we had been using
the CPO's or the private schools, we would have had costs doubled or
triple 't what we have now and we simply wouldn't have approval of the
consortium. The cost at Miami Dade will be about $700 per participant.
The other costs have run $1,500 to $2,100 per participant.
Mayor Ferre: Did you look at alternatives? Again, I see what you're thing
to do. I agree with you. I think job training, and I agree with you
that clerical job training is teriffic because with all these new companies
coming in'and all that, that's where it's at. Did you look at the
alternatives. Who else... can OIC do it? Can S!�" do it? noes it cost
more? How much ... Skip, how much does it cost for clerical training? Will
it go over $1,000?
UNIDENTIFIED SPEAKER: $1,096. your honor. But let me mention this...
Mayor Ferre: That's your problem.
UNIDENTIFIED SPEAKER: Well your honor, let me mention this. One thing that
we did last year which was not called for in the RFP from the City, and
what is called for in this proposal, was that in addition to training,
_ we're offering job placement which is not being offered, I don't believe,
in the Miami Dade. Now, to train someone and not put them in a job is
very expensive so you really haven't accomplished the ultimate unless you
get that person a job.
Mr. Dawkins: Pardon me, sir. Are you offering job placement or insuring
job placement?
UNIDENTIFIED SPEAKER: Mr. Dawkins, we have offered job placement, and will,
excuse me, we will follow the criteria of the consortium which is at a
minimum 60%.
Mr. Dawkins: You said offering, I'm saying insuring.
UNIDENTIFIED SPEAKER: We will assure.
Mr. Gary: Mr. Mayor...
UNIDENTIFIED SPEAKER: Our track record with the consortium is that we
exceed those levels.
Mr. Gary: Mr. Mayor, first of all, the cost that he's recommending
regardless of the additional service he will provide is totally unacceptable
for two reasons. First of all, we don't have that much money, number two,
it won't be accepted by the consortium.
Mayor Ferre: Howard, you don't have to talk anymore. If somebody else
wants to know more they can ask questions. For $1,800 versus
$700?
Mr. Krause: $700 is the cost of.......
Mayor Ferre: I'd like to go with SER it's a community based
organization but not for $1,800. Can't do it.
UNIDENTIFIED SPEAKER: This is a change then from the administration's
position on it.
Mayor Ferre: What?
66 Nov 12 1981
U
UNIDENTIFIED SPEAKER: A change from the administration's position to
help community based organizations because...
Mr. Dawkins: No, not support you, sir, to help you. But see, you want
us to support you. If the other people can do it for $700 and you want
damn near three times that, sir. I mean, that's...
UNIDENTIFIED SPEAKER: Mr. Dawkins, the public institutions here are
supported by the State of Florida. We don't have that kind of support.
that support is coming from us tax payers.
Mr. Dawkins: And we're going to get heat from tax payers too. That's why
we're telling you we can't fund this.
Mayor Ferre: I think the point is this, Skip. I'm all for you if you can
do it for $700. I would rather give the $700 to a community based
organization. But I certainly cannot go along with dropping their contract
to $700 and giving it to you for $1,800 because if we only have —how
much money is involved in this?
Mr. Gary: $100,000.
Mayor Ferre: $100,000 and we have to cut that by 2 1/2 times less people
that we're going to serve. In other words, these people will serve
2 1/2 times the people you'll serve. If you can do,100 with this, they can
do 250.
UNIDENTIFIED SPEAKER: Job placement is an important factor that I think
should be there regardless of who gets the contract.
Mr. Gary: I'd like to respond to that, Mr. Mayor. First of all, we
support CPO's. We were able to do that in the past but the Federal
government has cut the program by 71%, $51,000,000. The second thing
is with the programs we've selected, we've selected to train in those areas
where job placement will be very easy. The demand for clerical far
exceeds the supply. We don't envision we'll have any problem placing these
people.
Mayor Ferre: Skip, let me ask you this. Can you do it for $700?
UNIDENTIFIED SPEAKER: No, I can't, your honor.
Mr. Plummer: I move item 35.
Mayor Ferre: Is there a second? Is there a second to item 35?
All right, Commissioner Dawkins has seconded it for discussion.
Mr. Dawkins: I am an employee of Miami Dade Community College. It would
be a conflict of interest for me to discuss this or vote on it, so therefore,
I will not be...
Mr. Perez: I second.
Mayor Ferre: Demetrio Perez seconded the motion. All right, now anything
else on discussion?
Mr. Carollo: Manny Mendoza has got nothing to do with this, right?
Mr. Plummer: Huh?
Mayor FErre. He's asking if Manny Mendoza has anything to do with it.
Mr. Plummer: Does he?
Mayor Ferre: Are these CETA funds. These are CETA funds. Is that
right, Howard?
Mr. Gary: Yes, sir.
67 _ ,
Mayor Ferre: So these are not direct taxpayers, direct ad valorem......
they are not.
Mr. Gary: Yes, sir. That's correct. They are not.
Mayor Ferre: Okay. Further discussion on item 357 All right, call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 81-945
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED
HERETO, WITH MIAMI-DADE COMMUNITY COLLEGE FOR THE
PURPOSE OF PROVIDING PROFESSIONAL TRAINING SERVICES
IN THE AREA OF CLERICAL SKILLS FOR THE CITY OF
MIAMI'S CETA TITLE II-B PARTICIPANTS TO EXERCISE THE
TERMINATION PROVISIONS AND AMENDMENTS CONTAINED THEREIN,
WITH FUNDS EXPENDED FOR THE COST OF SAID AGREEMENT
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 Perez, the resolution was
passed and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
ABSTAINING: Commissioner Miller J. Dawkins
68 NOV � i" d1
T
32.
ACCEPT GWIT $215,000 FOR SALE OF 150,000 CUBIC YARDS OF -ILL
TO BEE R12'.OVED FPO14 VIRGINIA VE7
Mayor Ferre: All right. We now have item.27 before us.
Mr. Roy Kenzie: My name is Roy Kenzie, Executive Director of Downtown
Development Authority. I'd like to speak to 3 items because they are
interrelated on the agenda, item 22 and 27 and item 52.
Mayor Ferre: If you'd told me 22, you would have been on a lot earlier.
Why did you tell me 52? If you would have given me 22 you would have been
the second one up.
Mr. Kenzie: Okay. Item 22 is the acceptance of a $200,000 grant from the
State Department of Natural Resources to go into Bayfront Park. Item
number 27 is to authorize the City Manager to execute an agreement with
Fuller and Sadao for continuing work on the drawings and development
of Bayfront Park. Item 52, I'll have to explain why I wanted to discuss
that. Item 52 is the acceptance of $215,000 by the City for the sale of
fill for Virginia Key, and what we're asking on the part of the Development
Authority is that when you consider item number 52, that you consider
that in light of some past events that have taken place in Bayfront Park.
In 1979, the Commission voted to take from the Parks for People Bond money
allocated to Bayfront Park $250,000 to put into the Blue Lagoon account.
And what we're asking today is for you to reinstate that money back into
Bayfront Park so that we can continue on in the development program. We're
asking that $215,000 that is coming to the City from Dade County for the
land fill be not placed in the General Fund, but be placed in Bayfront Park
account available then for the continuing development of Bayfront Park.
We have thus far moved forward in this program through the Commission's
action in retaining the original Noguchi contract to produce the park.
We've approved that design, we have approved production of the fountain
drawings for the park, and we're continuing forward in development of
the park. This would assist us to match additional dollars, provide funds
for production of construction funds, and further that development.
Two members of the Noguchi committee and also one who is on the negotiating
committee negotiated the Fuller Sadao contract are here as well,
Mr. Dan Paul and Tina Hills.
Mayor Ferre: All right, Mrs. Hills, would you like to say something?
Mr. Plummer: Roy, we were informed that you were going to be deriving
an awful lot of money from the private sector for this project. How much
has been banked at this time?
Mr. Kenzie: None has been banked because we're not at the point yet of
having to do that. The fountains which the money is to be allocated for
are the two fountains in the park, the fountains are presently being
designed and drawings and everything there so we then have something to
sell in terms of getting private commitments. The private commitments are
on two major fountains in the park. The Commission has given the
authorization for the artist to produce the working drawings for those
fountains. That's underway at the present time. And we have commitments
from the private sector to assist in the funding of those fountains as we
get to the point where they're ready to do. They aren't there yet.
Mayor Ferre: All right, Mrs. Hills.
Mrs. Hills: We are reaching a moment in the redevelopment of Bayfront
Park but we are standing still because of lack of funds and I am
respectfully requesting of all of you a motion of intent to put that
money that you will receive from the County into the redevelopment of
Bayfront Park. It is very very important. It is the spot in the City
that is the key to the development and we cannot stand still. Therefore,
69 NOV 12, 1981
Mrs. Hills (continued) I am here to really request of all You =
that this be done. Thank you very much. I did not say that I do live
in the City. I live 4450 Banyon Bay in Bay Point, Miami. Thank you
very much. j
Mayor Ferre: Thank you very much. Mr. Paul.
Mr. Dan Paul: Mr. Mayor, members of the Commission, my name is Dan Paul.
I'd like to congratulate our two new members, Commissioner Perez and
Commissioner Dawkins who have joined your group. I think Roy has pretty
well stated...
Mayor Ferre: Wait, wait. You're not going to congratulate me?
Mr. Paul: You were already here..
Mayor Ferre: What is this?
Mr. Paul: I never was concerned that you'd be anywhere else?
Mayor Ferre: What do you think this is? The miracle on 36th Street?
Mr. Paul: No. You're the one that said it was a miracle. I said I never
expected anything else. You've been here so long that...
Mayor Ferre: Well I expect to be at least congratulated, counsellor.
Mr. Paul: Well I congratulate you then. The ... back in 1979, and I have
a copy of this resolution, you took $200,000 that was allocated from the
_ Bayfront Park landfill, and you took that money and put it in something
at Blue Lagoon, whereever that is, somewhere out on the Tamiami Trail.
And either we have a commitment to go ahead and do this park, or either we -
don't. And we need that money back that you took for the landfill because
we've been able to get the Federal government to come in and give you
a substantial amount of money to do that landfill. And I think, frankly,
it's an act of good faith as.well as legally you ought to reimburse the
park fund for the money that you took, particularly, since we so desperately
need it now. And the $215,000 that you're getting, the extra 15 is just
the little inflation. I mean, you took this away from us in 79 so you
ought to give us back not 200, but the 215 that you have back. Howard
has got plenty of moeey from other sources, and I realize he's pressed and
likes to keep all of this in the General Fund but...
Mayor Ferre: Would you believe the FEC property, Mr. Paul, which is one
of your interest.'
Mr. Gary: Thank you.
Mr. Paul: Well that's the Interama money that Howard has for the FEC
property. But if we don't get this 215 back, you're seriously going to
delay the implementation of the park plans which you alread approved. And
I strongly urge you to please give us the 200,000 back that was allocated
money for Bayfront landfill in 1979, and you borrowed because we were
having all those problems with the State of Florida, and we couldn't get
I authority to do the landfill. Now we finally have gotten that and we
t need the money back.
Mayor Ferre: All right, Mr. Gary.
Mr. Gary: I think I may need to ask for a similar agreement that I had with
the Downtown Development Authority, with the City as I do with them with
Park West. But as an aside, Mr. Mayor, the shuffling of money in terms of
Parks for People existed throughout the City, even to the point...
Mayor Ferre: Nobody is questioning that.
Mr. Gary: I think it's important the people understand there was no
commitment on the City Commission's part when they additionally
appropriated money and they had to juggle money as we went through the
process because of overruns in the cost. The third thing is I think you
.70 NOV � , W 81
Mr. Gary (continued): you need to be aware before you make this decision
as to what this City Commission will be confronted with in terms of other
outstanding liabilities. First of all, you've got a multi -million dollar
potential overrun in the Convention Center, you've got a $450,000 overrun
in Blue Lagoon, you've got a potential $700,000 plus deficit in the current
operating budget due to an interpretation of our fees, and I think you need
to take all those into consideration in terms of this $215,000.
Mayor Ferre: We also have to take into consideration the City's good faith
and the City has made a commitment. If you can find me an alternate
source of moeny for that $200,000, you've got, no problems with me, bvt I
wean now. IA[ you don't have that $200,000, then that's another matter
and then _this Commission will have to make that decision. Have you got
another $200,000 up your sleeve there?
Mr. Gary: It's very difficult for me to find $200,000 since we have a tight
budget right on the spur of the moment, but I'll be glad to research the
matter and get back to the City Commission.
Mr. Carollo: Just what exactly is that $200,000 going to?
Mayor Ferre: We...what happened was this. We had $200,000 allocated,
where did the money come from? The State?
(INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD)
Mayor Ferre: We had $200,000 allocated from Parks for People for this
improvement of Bayfront Park, Okay? Then we got into trouble somewhere
else and we took the money away from Bayfront. Now what the committee
is asking is for us to give them back their $200,000...
Mr. Dawkins: Mr. Mayor, Mr. Mayor...
Mayor Ferre: ...and what he's asking for is, what they're asking for is
that we do it out of the $200,000 that the County is giving us for fill.
Mr. Dawkins: Mr. Mayor, I hope we do not go into, not while I'm sitting
here, the Parks for People money and what has been juggled and what hasn't.
I live across the street from Manor Park and numerous additions were
supposed to have been done to it and I am very distrubed. They were not
done. And if you're going to give him $200,000, I want $300,000 for
improvements in Manor Park.
Mr. Plummer: Somebody better get a shovel and get on Virgina Key.
(LAUGHTER)
Mr. Paul: For Manor Park, I sat on a committee and the contract has been
let for redoing Manor Park.
Mr. Dawkins: That's right. You're right, sir. 3 years ago and it's still
let.
Mr. Paul: No, no. This is just within the last couple of months.
Mr. Dawkins: No. Look, I live across the streets from it. Parks for
people money has been done everything but used over there.
Mayor Ferre: We have a what seems to be a divided Commission on this issue.
What's the will of this Commission.
Mr. Carollo: I'm with Miller Dawkins.
Mr. Plummer: Well Mr. Mayor, here again, you know, we find ourselves in
a position where we made a commitment and we've got to live up to that
commitment. Now we made a commitment to Bayfront Park...
(INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD)
Mr. Plummer: ...Mr. Mayor, when we borrowed the money from this fund, it
was with the full understanding that it was borrowing, and that in fact,
C C
Mr. Plummer (continued): we were going to be paying it back. Now, you know,
the fiddler has got to be paid, or the music is going to stop, and I don't
think anybody here wants to stop the music. We've got to live up to
the commitment. I don't necessarily agree with Mr. Paul that we've got to
give them the extra $15,000. We borrowed 2, we got to pay back 2. I'm sorry.
You take your interest in dirt. But my feeling is that we've got to live
up to the commitment.
Mayor Ferre: All right, what's your will?
Mr. Plummer: Mr. Mayor, my motion would be simple, that we live up to our
commitment and reimburse that fund to the tune of $200,000 from the source
of landfill money.
Mayor Ferre: Is there a second to the motion?
Mr. Perez: I second.
Mayor Ferre: Under discussion, let me make this point. There's no question
that in the past funds were juggled around and taken from one group to
another group, to another park. That is not what is before us now. See,
what is before us now is a specific case of $200,000 that was specifically
taken from this park, and we have a major multi -million dollar park, and a
lot of things are depending on the effect of this. A lot df'tnings
that are dependent on this park. For us to all of a sudden reverse, for us
to reverse our position now in effect is to kill the whole project. I think
this will kill the whole project. I think this will kill the whole project.
I think its much too important for us, and I don't think
we can undoe the ills of yesteryear or things that are missing
from another park in another part of town by in effect killing this park.
I don't think that that accomplishes anything.
Mr. Carollo: Maurice, how can that kill the park? And again, my question
wasn't answered. Where is that money going to be used precisely? Is it
going to be used to buy a handfull more sculptures to be sitting there?
Mayor Ferre: It's part of the fill that is required in the bulkhead to
f insish that park. Is that correct?
Mr. Plummer: That's part of it, Mr. Mayor, but they have a whole list of
items such as the other item that you will be approving here for the
extension of the design and the architectural. It is a total package, and
I don't think any one thing, with the exception of the two fountains which
are going to be by the private sector, these monies would be used to
address the total package, is the way I understand it.
Mr. Carollo: Why can't we also get the private sector, especially some of
the private sector that's going to profit the most by having this park there,
come in and help also?
Mr. Plummer: I have no problem with that.
Mr. Carollo: You know, all these guys that are going to build all the
condominiums and hotels and office buildings next door. They are the ones
that are going to profit the most by having all that done to that park.
Because right now, frankly, we don't have a heck of a lot of people using
that. My whole point being is that times have changed and we are hurting
in dollars in every sector of the City, every department. And what I want
to know is where can you cut the bottom line? Can we get away from not
having to spend those $200,000, maybe less. I'll be willing to compromise.
But you now, just because someone tells me that follow me, I'm not going
to follow them blindly.
Mayor Ferre: Okay. That is the issue we talKed it out or.........
Mr. Plummer: Call the question.
Mayor Ferre: All right, call the roll.
.11
I
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 81-946
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
FROM THE DADE COUNTY PORT AUTHORITY THE SUM OF
$215,000, REPRESENTING PAYMENT FOR THE SALE OF
150,000 CUBIC YARDS OF FILL TO BE REMOVED FROM
VIRGINIA KEY AT AN AGREED UPON PRICE OF $1.50 PER
CUBIC YARD, SAID FILL BEING THAT WHICH WAS DEPOSITED
UNDER CONTRACT BY THE AUTHORITY IN ITS PRIOR
DREDGING OPERATIONS
(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 J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: Vice -Mayor Joe Carollo
ABSENT: None
33. DIRECT CITY MANAGER TO RESEARCH PARKS FOR PEOPLE BOND ISSUE TO
DETERMINE STATUS OF IMPROVEMENTS AT MANOR PARK, ETC.
Mr. Dawkins: Mr. Mayor, I'd like to make a motion.
Mayor Ferre: Yes, sir.
Mr. Dawkins: I make a motion that the City Manager research the issue
of what the bond progress was supposed to have done in the Manor Park area
and that whatever was supposed to be done and was not done, that the money
be found to do that the same as you're going to do this on wherever it is.
Mayor Ferre: I'd like to second that motion, if I may.
Mayor Ferre: Any questions to be asked? Mr. Clerk, roll call.
The following motion was introduced by Commissioner Dawkins, who
moved its adoption:
MOTION NO. 81-947
A MOTION DIRECTING THE CITY MANAGER TO RESEARCH THE
SPECIFICS OF THE "PARKS FOR PEOPLE BOND" PROGRAM
SPECIFICALLY, AS THE RELATE TO PLANNED IMPROVEMENTS
AT MANOR PARK
Upon being seconded by Mayor Ferre, the motion was passed and adopted
by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None 73
Ito
34. ACCEPT GRANT: $200,000 STATE OF FLORIDA DEPARTMENT OF NATURAL
RESOURCES-FLORIDA RECREATION DEVELOPIIE14T
ASSISTANCE PROGRAM
Mayor Ferre: All right, we now have the other remaining issues that you're
up here on which is 22 and 27. Is that correct?
Mr. Plummer: Move item 22.
Mayor Ferre: Is there a second?
Mr. Plummer: It's accepting money; we always accept money.
Mr. Dawkins: Second it.
Mayor Ferre: Dawkins seconds to accept the money. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 81-948
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A
GRANT IN THE AMOUNT OF $200,000 FROM THE STATE OF
FLORIDA DEPARTMENT OF NATURAL RESOURCES FLORIDA
RECREATION DEVELOPMENT ASSISTANCE PROGRAM; AND
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROJECT AGREEMENT TO IMPLEMENT THE PROGRAM WITH THE
DEPARTMENT OF NATURAL RESOURCES
(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 J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
35. AUTHORIZE AGREEMENT: FULLER & SADAO, P.C., PROFESSIONAL LANDSCAPE
ARCHITECTURE & ENGINEERING BAYFRONT PARK
REDEVELOPMENT
Mayor Ferre: Now take up 27 authorizing Fuller and Sadao. This is the
firm that was selected by the committee, is that right Mr. Mayor?
Mr. Gary: Yes, sir.
Mayor Ferre: Does this have your recommendation?
Mr. Plummer: It says so on the agenda.
.74
1' t
Mr. Gary: Yes, air.
Mr. Plummer: Were you stuttering or is your must�be fluttering?
Mayor Ferre: Okay. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 81-949
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NEGOTIATED AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED
HERETO, BETWEEN THE CITY OF MIAMI AND FULLER AND SADAO,
P.C. TO PROVIDE PROFESSIONAL LANDSCAPE ARCHITECTURAL,
ARCHITECTURAL AND ENGINEERING IN DESIGN AND CONSTRUCTION
RELATED TO BAYFRONT PARK REDEVELOPMENT, USING PREVIOUSLY
ALLOCATED FUNDS 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 Perez, the resolution was
passed and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
.75
NOV 1 ,r,
36. DISCUSSION AND DEFERRAL: AIR RIGHTS OVER 315 N.E. 2ND AVENUE
Mayor Ferre: Allright, the next one is 74.
Mr. Michael Anderson: Mr. Mayor and members of the Commission, my name is
Michael Anderson. I'm an attorney with offices at 4350 S.W. 75th Avenue
and I represent N.-B.E. Partners Limited. First of all, I wanted to
congratulate you, Mr. Mayor, on your relection and congratulate Commissioners
Dawkins and Perez on their election. We have been before the Commission a
few times so I'd like to go back to initially what we were asking for.
This is a building which is proposed to be located directly across
N.E. 2nd Avenue from the Miami Dade Community College, downtown. It would
be just north of the McDonald's restaurant. It's east of Miami Dade
Community College. The building doesn't need any variances. As a matter
of fact, we could build it twice the height that we're proposing to build
it. But our architect came up with a unique design where he has a
5 foot or 6 foot encrouchment over the sidewalk where there would be sort
of like an open air restaurant there in porportion to the building. WE
went to the Public Works Department and we went to the Law Department and
we asked ... what we were looking for was a perpetual easement. An easement
forever so we could build our piece of 5 foot open air restaurant over
the sidewalk. And they told us you can't have a perpetual easement because
this is public right-of-way, and if we need it for right-of-way, we want
to be able to have it back. So what we're asking for is simply a right
of use of the air rights. Not perpetual. In other words, if it's needed
for right-of-way for some reason or other it has to be cut off,
we would saw it off. The next thing we, I don't think you car' use a saw,
but... the next thing we came to the Commission and we said we'd like to
build this structure and Public Works said we don't like it, but if you're
going to do it, get compensation for it. So Commissioner Plummer asked
for compensation and we left the Commission meeting...
Mr. Plummer: No, no, no, no. That's not true. Commissioner Plummer di:.;
not ask you for Lompensation. Commissioner Plummer asked what were you
going to volunteer?
Mr. Anderson: What we would volunteer to the City. And so we went by
and we were rnld to meet with Pulic Works said we don't want anything, we
just don't want you to do it. Anyway it was at that time we discovered
that the property was not owned by the City that we were aking for the
air rights over. We owned it...the private owners owned it. So we came
in at the last Commission meeting and we said, okay, here is the deed for
this property. We gave the City 10 feet. Then we said now that it's your
property, this is the compensation package that we would like to voluntarily
offer to you. And it was...Downtown Development Authority has a tree
planning program we offered to go into that, and we also offered to put
in sidewalk pavers, or whatever the specifications that the City wanted
in bricks in front of our building. And the Commission said that's fine
for you, how about the City. So there was a suggestion made about 50
oak trees for Overtown. I said we'd have to talk about it. There was
some question about precedent setting. Would this be a precedent setting
item. And I said well we could show by pictures that this was not
precedent setting. My clients have said okay we will provide the 50 trees
for Overtown, or wherever, the oak trees, wherever you would wish to put
them as compensation, as partial compensation for our being permitted to
do this. And in addition, I took some photographs. Now in all fairness,
Mr'. Grimm asked me, he said look, show me the photographs beforehand.
The meeting snuck up on me, I took the photographs, yesterday I showed them
to him, but he is not prepared to say when these buildings were built and
so forth, and I am prepared to say that many of them were built along time
ago. Anything that you are not familiar with will say was built a long time
76 NOV ; in",
C
ago.
(INAUDIBLE•BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD)
Mr. Anderson: What I am telling you is that these buildings are completely
constructed above sidewalks., and I have for example Burdines and Woolworth
and Kress on S. E. 1st Street and Burdines on S. W. 1st Street. There is
a Burdines shopping area directly above Miami Avenue. There is the corner
of S. E., the southeast corner of Miami Avenue and 1st Street. There is
Miami Rug Company which has built above the sidewalk, the Immigration Build-
ing, the Langford Building. On our block there is the
Continental National Bank on Flagler Street and the Capitol Mall has a pro-
jection into the right-of-way. The Roberts Parking Garage is built over
the sidewalk and I have all those photographs at hand. These are things
that are completely enclosed. Now I don't know if he has the right and I
am not saying that you don't have the right, but I can't see how they could
have gotten any financing at all if they could have enclosed buildings com-
pletely over the sidewalk and you would have the right to just (inaudible)
the whole building off. What we are talking about is the little balcony
ledge and we are saying that yes, you know we are just asking for the ease-
ment or right of use of it so long as you don't need it, so I don't think
there has been precedent set, I just went down Flagler Street, S. W. 1st
Street and N. E. 2nd Avenue. I didn't go all over the City. I just walked
down those street and I have about 14 photographs of buildings that are built
completely over the sidewalk. And so, I feel that as far as the compensation
package that we are offering which is the oak trees, the 50 oak trees,
is as good a compensation package for this little property as you can get.
What we are getting is a five foot by fifty foot open air which we may not
have total right to use forever. I think we are not really setting a prece-
dent and I think we have a nice project that will be a benefit to downtown.
Mr. Carollo: How many oak trees did you say, 50?
Mr. Anderson: Alright, it is 50. Okay. What we have agreed to do and it
is a precedent is provide up to 50 oak trees and up to a compensation of
$5,000. In other words if it works, you know, whatever $5,000 will buy,
if that will buy a 10 foot or an 8 foot or 8 foot or 12 foot, or whatever.
(INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD)
Mr. Plummer: No, towards 200. The landscaper here says that you are talk-
ing about 200. 200 a tree. ?
(INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF'THE PUBLIC RECORD)
Mr. Plummer: Its got $200 tree
(INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD)
Mr. Anderson: What we are offering is up to 50, whatever $5000 will buy.
We are going to try and get the best price we can.
Mr. Dawkins: what is, I mean are you going to buy what our Planning Depart-
ment calls a tree, or what you call a tree.
Mr. Anderson: Well, if you have a minimum standard as set by the Zoning
lawyers, then we would buy those up to the minimum standards set by the
zoning ordinance up to 50, up to 50 and $5,000.
Mr. Grimm: Mr. Mayor and members of the Commission if I may and please
don't take this as facetious, but it sounds like you have already decided,
and now.how much are you going to get for the public right-of-way. and
that's the part that concerns me. You are, in my opinion jeopardizing all
of your zoning ordinances when you allow people to build private facilities
in the public right-of-way, and that is your main concern. And there is no
way in my opinion that you cannot grant this same permission to anyone else
who comes in with a gi=nick of 50 oak trees or brick pavers or whatever.
Now, that is your problem. If you want to allow buildings to be built in
your public right-of-way, then do so. If you want to find a gimmick to
give it to him, change the zoning of the right-of-ways, but don't establish
this precedent. And Mr. Anderson said this precedent has been established
before. He very carefully said that there were sidewalks under buildings,
and he may be right, but I certainly don't think that either you. or I want
to live by our past mistakes. Now, and I don't know that sidewalks under
buildings weren't done by easements or other, and that is why I ask for an
opportunity to review his example in advance.
Mr. Carollo: Mr. May, I will make a motion for deferment here, so that our
administration can study the samples that were brought here.
Mayor Ferre: Alright, there is a motion for deferral. Is there a second?
Mr. Dawkins seconds. Discussion? Call the roll.
THEREUPON, on motion duly made by Commissioner Carollo
and seconded by Commissioner Dawkins, the City Commission
DEFERRED CONSIDERATION OF THE ABOVE MATTER BY THE FOLLOW-
ING VOTE:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: NONE
ABSENT: NONE
37. PEp.SONAL APPE701AUCE:
BONDS.
JOHN L. 11ASTROGIOVXNNI - U. S. SAVINGS
Mr. Mastrogiovanni: Mr. Mayor and Board of Commissioners, my name is John
Mastrogiovanni. I am with the United States Treasury Department, Savings
Bonds Division and you may recall that I was here in April and quite upset
over the fact that for the past two years the Board of Commissioners has
approved the Savings Bond program for the employees of the City of Miami
and I was able to get no response from the administration. It would be com-
pletely remiss and irresponsible on my part if I didn't come here before you
now to indicate to you that inasmuch as Mr. Grassie at that time gave the
request to Mr. Gary to work with me, I was met with incredible enthusiasm
and even though we didn't meet our goals this year this year's campaign, we
had tremendous assistance in all areas of the City and I wanted to take this
opportunity to especially thank Mr. Gary and Mr. Odio and Mrs. Casuso
with some citations from the Treasury Department to that effect.
(INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD)
Mr. Mastrogiovanni: Mr. Mayor, can I say thank you before I ask you for a
favor?
Mr. Gary: This was not planned, either.
Mr. Mastrogiovanni: No this was not on the agenda because I did not want
to let everybody know what is happening in this respect.
(LAUGHTER & APPLAUSE)
Mr. Mastrogiovanni: At this time I would also like to thank Ida Levitan for
her assistance and Donna Summer also. I asked Reverend Gibson to sien
these citations because I thought it appropriate since he sponsored us to
get to this point. Now I would like to ask the Board for next year's sup-
port for the Savings Bond program for the employees of the City of Miami.
Inasmuch as what we have upcoming is linking the interest rate to Treasury
bills.
(INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD)
I r " r: 6
N ►- .. c
0
Mr. Plummer: What else can he do now?
Mr. Gary: After he gives this award, yes. (laughter)
Mayor Ferre: Thank you very much. Do we need a motion for that?
Mr. Gary: No sir.
(INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDk OF THE PUBLIC RECORD)
Mr. Mastrogiovanni: Thank you very much sir.
38. DI_^.FCT S11P.LL BUSIIJESS OPPORTUNITY CE'.ITER, INC. GROUP TO
OPE=''ATE AS A COMMUNITY RASED O'-ERATION IN F YNWOOD.
Mayor Ferre: Is there anything else to come up before this Commission that
is of a public nature? Dena, I saw you in line here. Would you come back to
the microphone. I just remembered that I had fogotten. Plummer was right. He
mentioned'.Edison, Buena Vista & Little River Community Association. That was
a community based organization. The Little River, the Edison,
Buena Vista was a community based group. Now how about the Small Business
Opportunity Center of ..
Dena Spellman: what about that?
Mayor Ferre: Is that community based?
Ms. Spellman: No, that is an extension of the SPOC of Little Havana.
Mayor Ferre: Let me tell you what I found out. I found out that there is
a tremendous amount of resentment because we have imposed the Little Havana
based organization on the Wynwood area, and I think that that has to be
completely resisted. I think it must be a Wynwoua Lased operation
and I just had a ...... your name for the record.
Mr. Mendez: I just have a suggestion, Mr. Mayor. First, as everybody else,
let me congratulate you personally. My name is Jose Mendez. I am the chair-
man of Community Development for the Wynwood area, and I have been for the
last seven years. What I am requesting that you do, that this Commission do,
is to place the Wynwood. Economic Develoment program, take it from where it
is at right now and put it with Miami Opportunity Development until we can
come up with a community based organization that will represent that parti-
cular area with a program that would serve that area.
Mayor Ferre: Now Mr. Mendez, let me tell you where I am coming from. I am
no longer supportive of the Small Business Opportunity Center because that
is a Little Havana based operation, and that is not popular or supported in
the community. I am for community based organizations. Whether or not, I
don't know whether I can agree with the second part, which is let the
Miami Capital. I don't know that Miami Capital has any business.
Now you said Tony Crapp is in favor of this. Are you in favor of this?
Tony Crapp: Mr. Mendez mentioned to me what he was going to propose. What
I indicated to him was that we had no problems in trying to work out suit-
able arrangements to make some sort of transition from the control of the
program by the SPOC to development of creation of a new entity, if that be
necessary in the Wvnwood i area and try to do something on a temporary basis
through oversight of the program through Miami Capital with some other.over
Miami Capital as a vehicle to oversee the program on a temporary basis.
Mayor Ferre: How do you want to do it?
Mr. Crapp: I think you have to have a transition. I think we have to have
some entity that is established in that area that we can turn the money over
to. What I would suggest is let us work it out...
Mayor Ferre: Do you want to do it with Tony Crapp and the Miami Capital or
do you want to do it another way?
Mr. Gary: Leave that to me and I would suggest that if we can't find a good
organization to do it locally, we can do it with Miami Capitol.
Mr. Mendez: My question doesn't lie right there. I want one more favor
from this Commission and that is that the -folks at the assisting organization
right now be audited and No. 2, that beginning as soon as the Manager can
work it out, those that want to be paid by this program that reports to who-
ever the Manager designates immediately. I got problems with people report-
ing to work physically in this particular program, and I need some account-
ability.
Mr. Carollo: I lost you there sir, what do you mean physically?
Mr. Mendez: (ANSWER FROM MR. MENDEZ IN SPANISH)
Mayor Ferre: Say, I will tell you. One of the things that I have learned
is, that these people that are closer to the community, like Joe Carollo,
when they speak, they understand each other. I am glad, and Joe knows that
I have that weakness and he has to make it very explicit for me and I thank
you. I didn't quite catch that, now I understand. Is there a motion then?
Mr. Plummer: Fine, but what about this Gringo down here?
Mr. Mendez: I don't know how to say (IN SPANISH) in English, so I ask the
Mayor to translate it for me please.
Mayor Ferre: In other words, when people are getting paid and not showing
up for work.
Mr. Plummer: We know that in English also.
Mayor Ferre: Okay, is there a motion on the Small Business Opportunity
Center Inc. of Wynwood?
Mr. Plummer: There is no motion at this time until the Manager comes back
with his recommendations.
Mayor Ferre: We made a motion this morning on the one in Allapattah. I'll
right, I will tell you what...
Mr. Carolla: I'll make the motion.
Mayor Ferre: You are making the motion? Alright, is there a second to the
motion. Further discussion.
Mr. Plummer: Alright now, under discussion. Let me understand this. You
started out by talking about Edison Buena Vista.
Mayor Ferre: No, no, no. J. L.
community based organization and that is not comparable. And then I said
okay, now I want to go on to another one. I want to go to Wynwood. In
Wynwood area, the problem that I have is that SPOC is really based in
Little Havana and the people have rdynwood have a tremendous resentment for
for being under control out of Little Havana. I've got a problem with that.
Mr. Plummer: So what you want to do is drop the OC and leave the SP there.
Mayor Ferre: No, we want to leave it there, but we want it to be community
based. We want the people of Wynwood to control..
Mr. Plummer: So you want to take out the SP and leave the OC.
Mayor Ferre: We want to take out the BS, not the SP. Alright. Further
discussion. Call the roll.
80 N 0 V i 2 1'1
.4
The following motion was introduced by Commissioner Carollo, who moved
its adoptions
MOTION NO. 81-950
A MOTION DIRECTING THE CITY MANAGER TO HAVE THE SMALL
BUSINESS OPPORTUNITY CENTER, INC. GROUP OPERATE AS A
COMMUNITY BASED OPERATION, FROM PM WYNWOOD AREA PROPER.
Upon being seconded by Commissioner Dawkins, the motion was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
AFTER ROLL CALL:
Mayor Ferre: Now wait a moment, we are not through yet. Now Dena, let me
ask you about the Little..is there a conflict between the Little Havana
Development Authority and the SPOC of Little Havana. Are they doing the
same thing?
A Ms. Spellman: No, they are really not.
Mayor Ferre: Are they both community based?
Ms. Spellman: Yes.
39. 1ST & SECOND READING 04DIIMI!CE: FEES FOR ZONING INSPECTIONS,
INCREASING SAID FEES.
Mayor Ferre: Is there anything else that any member of the public is here
on at this time. If not let us see if we can get through this agenda a little
bit quicker. Alright, who wants to move Item No. 7? Plummer moves is there a
second. Carollo seconds? Further discussion? Read the ordinance.
AN ORDINANCE ENTITLED:
AN ORDINANCE AMENDING SUBSECTIONS (A)(1), (2), (3) AND (4) OF
SECTION 2-75 ENTITLED "ZONING CERTIFICATE OF USE REQUIRED: ANNUAL
REINSPECTION OF BUILDINGS AND PREMISES: FEES FOR INSPECTIONS AND
ISSUANCE OF CERTIFICATES: AND SECTION 2.76 ENTITLED: "FEE FOR
INSPECTIONS AND EXAMINATIONS OF PLANS FOR COMPLIANCE WITH THE PRO-
VISIONS OF THE COMPREHENSIVE ZONING ORDINANCE" OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, BY INCREASING SAID FEES; CON-
TAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND 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.
Was introduced by Commissioner Plummer and seconded by Commissioner Carollo,
for adoption pursuant to Section 4, Paragraph (f) of the City Charter dis-
pensi,ng with tht requirement of reading same on two separate days by a
vote of not less than four -fifths of the members of the Commission-
81
NOV 1 :�1
W
AYES Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Carollo, adopted said ordinance by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9345.
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 copies were available to the public.
40. FIRST READING ORDINANCE: '17!'IPIG APPROPRIATIONS F07 CAPITAL
IITROVENEIITS - 1;STAiLI11' TIE" CA_PITAL I'-TROVrI'ENTC PROJECTS
FY 31-02.
Mr. Plummer: I've got, Mr. Mayor..I think we are going to have to spend a
lot of time on B..
tir.
Carollo:
Do you want to defer it?
Mr.
Plummer:
I would prefer to defer it..
Mr.
Carollo:
Moved.
(Some portions inaudible.
Microphone failure)
Mr.
Plummer:
I don't known what advanced
are and, yes you are
right.
(INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF
THE PUBLIC RECORD)
Mr.
Gary: Let me just look at it one second.
property?
Mr. Plummer: I have a little problem with it.
Mr. Gary: problem with it.
Mayor Ferre: Alright, could I recommend this. If we read it on first
reading, would a help you in any way?
(INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD)
Mr. Gary: Mr. Mayor, let me tell you what part of the problem is. You
know, we have been talking about keeping the streets clean and keeping the
parks clean. I am just looking at one item on park mechanization. As the
party adopting the budget, you also agree to provide funding so that we can
buy heavy equipment so that we can set up roving crews in this community.
Mr. Plummer: Yes, but let me tell you where I am coming from too, Joe. You
see our new renovation of General Accounting Office? Yes, $160,000, I thought
we denied that, and here it is popping back up again,
Mr. Carollo: Then they told us we did and we are tricked and I thought we
fixed that and here we come again.
82 !''
.A
4
Mr. Plummer: Well, I am not going to say tricked, I am going to say that
there was a typo error here.
Mr. Gary: Obviously, we could not expect any funds from this corporation
without coming back to the City Commission,
Mr. Plummer: Yes, but I think it has a bearing on the overall total program
when you have one in there that this Commission has already denied. I don't
give a damn, you can evict me out of my office. Take the two cockroaches
that have been there for a year, They might raise hell about it, but they
are dead. No self respecting cockroach could live in there.
Mr. Carollo: Well, the rats seem to be doing alright.
Mr. Plummer: Now, let me ask you another question. Did I say something
down there, I didn't hear it.
Mr. Carollo: I set my rat trap and still haven't caught one,
Mr. Plummer: Well the problem is your rat trap isn't big enough. Also, I
am questioning - we just approved $200,000 for the the Bayfront Park fill
and now I find another $150,000 for Bayfront Park bay walk landfill and
bulkhead on Capitol Improvements. You know, the acquisition of Bayfront
property I have got no problems with. You know, look, Mr. Carollo is try-
ing to drive home a point. Virginia Key Recreation area as you know I have
been in favor of for 10 years, but it now comes to a matter of priority
with limited dollars. I don't know that I could in good conscience back
something that I have been after for 10 years when I think maybe that $250,000
is more needed somewhere else. We didn't put this program together, and that
is the problem.
Mayor Ferret The point is, the motion now is for deferral.
Mr. Plummer: Right.
Mayor Ferret So the question is, is there any reason why we should not defer.
Mr. Grimm: Mr. Mayor, couldn't you go back to your suggestion of reading it
on first reading?
Mayor Ferret I have no problem making it a
Mr. Grimm: and giving us an opportunity to get to you on each of these items?
(INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD)
Mr. Plummer: Well, excuse me. I have a , I went without question
on first reading of that $160,000 for renovation comes out because this
Commission is denying it.
Mayor Ferre: Alright with the exception of $160,000 renovation of improve-
ments to the General Accounting Office, you are going to have to fight for
that, Howard, If you want that, you got two members opposed and one member
in favor and you got two new Commissioners, okay, Now it is up to you to
convince those two Commissioners that that is what is important. That is your
job, not mine.
Mr. Carollo: Murders are up 51%, rape 33%
Mr, Plummer: I thought we got rid of Sneaky Pete,
(INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD)
Mayor Ferret On first reading .
Mr. Carollo: Manolo Reboso;
Mayor Ferret Reboso moves. Who is the next one? No, he seconds the motion,
Does anyone want to move this on first reading only?
Mr. Plummer: I'll move, p� N 0 V ? -'►
Mr. Carollo: With the exception of,.,
Mayor Ferre: of the $160,000,
Mr. Carollo: I will move if Plummer will second it.
Mayor Ferre: It has been moved and seconded. Moved by Plummer, seconded
by Dawkins. Further discussion. Call the'roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE MAKING APPROPRIATIONS FOR CAPITAL IMPROVEMENTS,
CONTINUING PREVIOUSLY APPROVED CAPITAL IMPROVEMENT PROJECTS
AND ESTABLISHING NEW CAPITAL IMPROVEMENT PROJECTS TO BEGIN
DURING FISCAL YEAR 1981-82; CONTAINING A REPEALER PROVISION
AND A SEV$RABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins and passed on its first reading by title by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
The City Attorney read the ordinance into the public record and announced
that copies were available to the members of the City Commission and to the
public,
41.
1ST & SECOND READING ORDINANCE: INCREASE TRUST & AGENCY FUND
PARK AND RECREATION PLANNING GRANT.
Mayor Ferre: Take up Item No. 9, Park and Recreation Planning Grant.
Carollo moves, second by Dawkins. Discussion? Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719,
ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT APPROPRIA-
TIONS ORDINANCE AS AMENDED BY INCREASING THE TRUST AND
AGENCY FUND ENTITLED "PARK AND RECREATION PLANNING
GRANT'.', AND APPROPRIATING FUNDS FOR THE PURPOSE OF
SAME IN THE AMOUNT OF $15,000 TO A TOTAL OF $50,000,
WITH FUNDS RECEIVED FROM THE U.S. DEPARTMENT OF THE
INTERIOR URBAN PARKS AND RECREATION RECOVERY PROGRAM;
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
Dawkins for the 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 J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: none
Whereupon the Commission on motion by Commissioner Carollo and seconded
by Commissioner Dawkins adopted said ordinance by the following vote:
AYES: Commissioner J, L. Plummer, Jr.
Commissioner Miller J, Dawkins
Commissioner Demetrio Perez, Jr,
Vice Mayor Joe Carollo
Mayor Maurice A, Ferre
NOES: None
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9346.
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 copieb were available to the public,
42. ESTABLISI' TRUST ArM AGENCY FUND: "CABLE TRLEVI_SIOIT" _
IIICREACE APPROPP.IETIOTr FY $200,000.
Mayor Ferre: Alright take up 10.
Mr. Plummer: Where is the money coming from, the money is not there yet.
Mr. Gary: It is coming from the successful licensee, but you need...
Mr. Plummer: But it is not there!
Mayor Ferre: But the point is obviously you and I are not going to spend it
until we get the money.
Mr. Gary: Well, no, that is not the case. We have already expended funds
because you directed us to -hire Arnold b Porter to go to the licensing pro-
cess with the...
Mayor Ferre: I thought we put on a limit of $100,000.
Mr. Plummer: No, we extended that when we had to go back a second time to
Arnold and Porter. I'll move 10.
Mr. Gary: They are going to pay us back.
Mr. Carollo: They are going to pay us back after the 18th, correct?
Mr, Gary: Yes, sir,
Mr. Plummer: They would like to pay it before then Joe,
Mr, Carollo: I know they would like to but...
Mr, Plummer: Call a special meeting when he leaves.
Mr. Carollo: Constitutionally speaking, I will be in command.
Mayor Ferre: You just ruined my vacation. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 9267,
ADOPTED MAY 15, 1981, AS AMEMDED BY ORDINANCE NO. 9298,
ADOPTED JULY 23, 1981, WHICH ESTABLISHED A TRUST AND
AGENCY FUND ENTITLED: "CABLE TELEVISION", BY INCREASING
THE APPROPRIATION FOR SAID FUND IN THE AMOUNT OF $200,000,
FROM REVENUE TO BE RECEIVED FROM THE CABLE LICENSEE IN
THE FORM OF LICENSE PROCESSING FEES; 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.
.85 N O v' 5 d't
W
Was introduced by Commissioner Plummer for adoption pursuant to Section
4, Paragraph (f) of the City Charter dispensing with the requirement of read-
ing same on two separate days by a vote of not less than four -fifths of the
members of the Commission;
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, 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 J. L. Plummer, Jr.
Commissioner Miller J.-Dawkins
Commissioner Demetrio Perez, Jr.
Vice Mayor Joe-Carollo
Mayor Maurice A. Ferre
NOES: None
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9347.
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 copies were available to the public.
ON ROLL CALL:
Mr. Carollo: I am voting yes with this, but the problem is we are against
the process, got no choice, really.
43. 1ST & SECOND READING ORDINANCE: CITY AFFIRMATIVE ACTION
ADVISORY RESIDENCY REQUIREMENTS.
Mayor Ferre: Take up Item No. 11.
Mr. Carollo: Moved, if someone will second.
Mayor Ferre: Second by Plummer,
Mr. Carollo: Have the people who were living outside the City of Miami in
this Board already been informed that they were removed?
Mr. Gary: We informed them at the last board meeting. We also informed
them that it was a motion and that it would be formalized at the next City
Commission meeting.
Mayor Ferre: Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 2-281 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, GOVERNING THE QUALI-
FICATIONS OF MEMBERS OF THE CITY AFFIRMATIVE ACTION AD-
VISORY BOARD BY ADDING THERETO A NEW SUBSECTION (a) WHICH
REQUIRES RESIDENCY WITHIN THE CITY FOR BOARD MEMBERS TO
SERVE ON SAID BOARD EXCEPT FOR THOSE MEMBERS SELECTED BY
BARGAINING REPRESENTATIVES OF CITY EMPLOYEES, AND BY RE -
LETTERING EXISTING SUBSECTIONS (a) AND (b) RESPECTIVELY;
FURTHER AMENDING SECTION 2-285 OF SAID CODE, AS AMENDED,
��
NOV ��69
RELATING TO THE HEARING AND REVIEW OF GRIEVANCES AND
COMPLAINTS CONCERNING ALLEGED DISCRIMINATION IN CITY
EMPLOYMENT POLICIES AND PRACTICES BY ELIMINATING THE
OPTIONAL PROCEDURE WHICH HAD PROVIDED THAT SAID AF-
FIRMATIVE ACTION ADVISORY BOARD WAS EMPOWERED TO
GRANT A HEARING ON (2/3) MAJORITY OF THOSE BOARD MEM-
BERS PRESENT AND VOTING; CONTAINING A REPEALER PROVI-
SION AND A SEVERABILITY CLAUSE;,AND DISPENSING WITH
THE REQUIREMENT 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 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 J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, 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 J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
SAID ORDINANCE WAS DESIGNATED ORDINANCE IJO. 9348,
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 copies were available to the public.
ON ROLL CALL:
Mr, Carollo: Mr. Mayor, if I may for one second...can the City Manager
make sure that all the openings for the Affirmative Action Board be placed
on the next City Commission Agenda, so that we of the Commission can have
an opportunity to appoint some people there?
Mr. Plummer: I do feel also that it would be appropriate for those who
served honorably be sent a letter of commendation.
Mayor Ferre: Would you send us a list of who the honorable members were,
Mr. Plummer?
Mr. Plummer: I would leave that to the discretion of Mr. Gary.
Mayor Ferre: Well, let's do it this way. I think that Mr. Gary knows.
Mr. Plummer; Linda Eades can also tell me wno was on............
r[;.[;, FIRST ACID SECOND READING ORDINANCE: ESTALLISI. 117111 TRUST
AND A.GEFCY ACCOUNT "HIPJ1I BUSIr?SSS REPORT 1932".
Mayor Ferre: We are on Item No. 12, the Miami Business Report 182.
Mr. Plummer: Whose PR is this?
87
Mr. Gary: Well, it is our PR, but Barnett Bank which contributed $10,000 to
the publication did PR in terms of an advertisement, but the information...
(INAUDIBLE BACKGROUND COMMENT NOT PLACED IN THE PUBLIC RECORD)
Mr. Plummer: How do you spell your last name?
(INAUDIBLE BACKGROUND COMMENT NOT PLACED IN THE PUBLIC RECORD)
Mr. Tony Crapp: Okay, this item, basically what we are requesting is the approval
of two items that are interrelated. First is a resolution which would author-
ize an agreement between the City and Barnett Bank for the production of the
Miami Business Report 1982 edition. The Miami Business Report was first run
in 1981. This is a copy of it. It was produced by the the Department of
Trade & Commerce Development.
(INAUDIBLE BACKGROUND COMMENT NOT PLACED IN THE PUBLIC RECORD)
Mr. Plummer: My question is, how much is it beyond the $10,000.
Mr. Gary: We are estimating the total production cost for the '82 edition
to be about $15,000 for about 2,000 copies.
Mr. Plummer: Where are you getting the other $5,000?
Mr. Gary:
Mr. Plummer: Why don't you go get another sponsor?
Mr. Gary: Well we are actively working with two other firms to pick up the
other $5,000. If we are sucessful we will be back with an agreement for -
that to pick up the total cost.
(INAUDIBLE BACKGROUND COMMENT NOT PLACED IN THE PUBLIC RECORD)
Mr, Plummer: That is fine, but if we can get the private sector who is
going to benefit from it, let them pick it up.
Mr. Ferre: Well. I have no problems with that. I was hoping you would get
to private sector help. In the meantime, you want to move on 12?
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING A NEW TRUST AND AGENCY ACCOUNT
ENTITLED "MIAMI BUSINESS REPORT 1982", AND APPROPRIATING
FUNDS FOR THE OPERATION OF THE SAME IN THE AMOUNT OF
$10,000, 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
Perez 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 J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
Whereupon the Commission, on motion of Commissioner Plummer and
seconded by Commissioner Perez adopted said ordinance by the following
vote:
.88
NOV �31
11
Al
AYES: Commisioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
SAID ORDINANCE WAS DESIGNATED ORDINANCE N0. 9349.
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 copies were available to the public.
AUTECRIZE AGREEMENT: BAP.IIETT PAITY OF SOUT" FLOPIDA, r.A.-
45. FINANCIAL PAP.TICIPFTIOF TIT p. OD17r rTOi7 COSTS OF PUBLICATION
ENTITLED: "MIAMI PUCINESS REPORT 101I32".
Mayor Ferre: Item 13. Plummer moves. Is there a second. Discussion?
Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 81-951
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT IN SUBSTANTIALLY THE FORM ATTACHED HERETO,
BETWEEN THE CITY OF MIAMI AND BARNETT BANK OF SOUTH
FLORIDA, N.A. FOR THE PURPOSE OF ACCEPTING THEIR
FINANCIAL PARTICIPATION THE THE AMOUNT OF $10,000 TO-
WARD THE PRODUCTION COSTS OF THE PUBLICATION ENTITLED
MIAMI BUSINESS REPORT 1982.
(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 J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
NOTE FOR THE RECORD: AGENDA ITEM 14, 14a was withdrawn; Item 15 was deferred.
46. RESCHEDULE MEETING OF NOVEMBER 26 TO BE HELD ON NOVEMBER 19/81.
Mr. Carollo: I have a problem that whole week. I'm not going to be able to
make it.
Mayor Ferre: Can you make it on the 30th?
Mr. Carollo: Certainly, Monday I can make it.
Mr. Plummer: I can't.
89
Mayor Ferre: Monday is your bad day, right?
Mr. Plummer: I plan on being out of town on the 30th, possibly. I could
make it on the 23rd.
Mr. Ferre: But Carollo won't be here. Joe, when are you going to be gone?
Mr. Carollo: I could make it on the 19th also.
Mr. Ferre: Can you make the 20th.
Mr. Carollo: Yeah, I can make the 20th.
Mr. Ferre: Alright, does hanybody have any problems with the 20th?
_ Mr. Aurelio Perez: I have set up everything for the 19th, and the mailauts which must
be received 10 days in advance of the meeting.
Mr. Plummer: The minimum could be the 21st then. When did you mail it out?
M.r Aurelio Perez: on 11 days from the 19th, that would be on the 8th.
Mr. Plummer: Well, I can make the 19th.
Mayor Ferre: I can make the 19th - is that acceptable to you?
Mr, Plummer: That is a week from today.
Mr, Gary: We had discussion at the last meeting where we said we would mail
out for the 19th and you wanted to wait until the new City Commission was
seated.
Mayor Ferre: As a matter of courtesy to them.
Mr, Gary: But we had to mail them out and we informed you at the time and
you said go ahead.
Mayor Ferre: Okay. In other words, the 39th, is that it? Well then there
is a motion and a second that the meeting will be on the 19th. Call the roll.
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 81-952
A RESOLUTION RESCHEDULING THE REGULAR CITY COMMISSION
MEETING OF NOVEMBER 26, 1981 TO TAKE PLACE ON NOVEMBER
19, 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 Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
NO "l
a 0
Mr. Perez: Okay Commissioner, there is no set procedure. There is no set
procedure on this, if I remember. Once a Board Member misses a meeting, we _
normally talk to the Board member and then request if he has an excused'eb-.
sence. Excused absences are of can only be of three kinds by City Code.
It can be because of personal �llness, illness in thb family, or being away
on City Business. Now, if he is away on City Business, we know that. If it
is illness, we normally require he brings some sort of note from the doctor
stating the reason why he was unable to attend the meeting.
Mr, Carollo: Do you normally require, or do you always require it.
Mr. Carollo: Okay, so you would....
Mr.A.Perez: That is not a set procedure, that is something we do because we
want to -have a.....
Mr. Carollo: You would have a file then on the notices from the doctors,
then for the excused absences.
Mr. Aurelio Perez% Yes
Mr. Carollo: Okay, then would you please get me copies of all the excused
absences of all the people in the Zoning & Planning Boards then, especially
a Mr. Bill Freixas seems to have three times as much, four times as much as
anyone else. If he is that sickly an individual, maybe he shouldn't be there, period.
(INAUDIBLE BACKGROUND COMMENT NOT PLACED INTO THE PUBLIC RECORD).
Mr. Carollo: This is only for this year itself, for 1981. He was appointed
towards the middle of 1981, as I recall, not in the beginning.
(INAUDIBLE BACKGROUND COMMENT NOT PLACED INTO THE PUBLIC RECORD).
Mr. Plummer: Doen't the present ordinance have contained therein..
Mr.A.Perez:Yes, it is in the City Code,
Mr. Plummer: It is already there, It is basically, I think, as I recall,
three consecutive meetings.
Mr.A.Perez:The removal is because of points, is that when you reach, after
15 points you are automatically excluded from the Board. You don't have to
do anything. That person is.,
Mr, Carollo: Is that in the Charter, the points?
Mr.A.Perez: It is, Well, there is a procedure with these points, and that is
when you reach 15 points..
Mr. Carollo: I am saying is, is that point procedure in the Charter?
Mr. A.Perez: It is in the Charter.
Mr, Carollo: The 15 points?
Mr.A.Perez: It is in the Code, I am sorry.
Mr. Carollo: In the Code? You see, my problem is, that when I see someone
having so many excused absences compared to anyone else, that tells me that
the individual is a terribly sick individual that you know, should be home
resting or someone is not being fair in how they are given excused or unex-
cused absences, to be very precise. And since you know, we have made some
better changes in our future here, especially in the seat where Mr. Perez
is sitting at, I would like to follow that tradition with all the individuals
with that former frame of mind.
Mr.A.Perez: There is another procedure, Commissioner Carollo. This I would
like to check with the City Attorney. I don't recall having seen it used
ever, which I believe it has to be by written, some sort of written notice
and then by Commission action to remove a person from the Zoning Board.
Mr. Knox: There is a provision to Leilove an individual from the Board.
V
RESCHEDULE DECEMBER COM11ISSION MEETINGS TO DECEMBER 10, 1981.
47, ALSO INCLUDES A NON AGENDA DISCUSSION OF EXCUSED ABSENCES FOR
BOARD MEMBERS.
Mayor Ferret Now you need also a motion for the December meeting. What is
your will on that.
Mr. Carollo: Maurice I was wondering you know. Instead of around the 24th,
can't we hold it maybe another day. I think this might be a bad day for most
of us.
Mr. Plummer: I've got a better idea, Let's do like we have done most Decem-
bers, havk two meetings on the loth.
Mayor Ferre: The other is on the 14th.
Mr. Plummer: No sir. December.
Mayor Ferre: Oh, the loth.
Mr. Plummer: Have two meetings on the loth.
Mayor Ferre: Can we do that?
Mr. Plummer: Sure. One in the morning and one in the afternoon.
Mr. Gary: Remember you used to have....
Mr. Plummer: We have done it a number of times.
Mr. Gary: Two meetings - a Zoning meeting and a Regular meeting.
Mr. Carollo: Yes, but can we have enough time, with all the stuff we are
going to have?
Mr. Plummer: It depends upon who puts the agenda together.
Mr. Carollo: I suggest we let the Mayor handle it for now.
(INAUDIBLE BACKGROUND COMMENT NOT PLACED IN THE PUBLIC RECORD).
Mr. Carollo: Oh, we have a problem.
Mr. Gary: I am going to follow Mr. Carollo's suggestion and let the Mayor
decide.
Mr. Plummer: Well, why don't you move it until the 17th and put it in the
middle of the month.
Mr. Gary: In all honesty, we could do it the same day.
(INAUDIBLE BACKGROUND COMMENT NOT PLACED IN THE PUBLIC RECORD),
Mr. Carollo: We can do it?
Mr. Gary: Yes sir.
Mayor Ferre: There is a motion by Commissioner Carollo that the second
meeting of December be held in the afternoon on the loth.
Mr. Carollo: Seriously Howard, if I may Mr. Mayor, can you find out from
Mr. Perez what is the regular procedure to accepted excused absences in the Zoning
and Planning Boards.
Mr, Gary: Do you want to do that now?
Mr, Carollo: If we could. It is a simple....
Mr. Gary: No, you could ask the Director.
.92 NOV I e2 11981
Mr. Knox: (continued) Members and Alternate Members of the planning Advisory
Board and the Zoning Board may be removed for cause by the City Commission
upon the vote of not less than 3 members of the Commission upon written
charges and Public Hearing if the Member or Alternate Member requests such
public hearing.
Mr. Plummer: That is after they have been terminated.
Mr. Knox: Well, you notify them of their termination and then they have
a right and
Mr. Plummer: Isn't there an appeal process?
Mr. Knox: Well, you have to establish cause as justification for their
removal.
Mr. Plummer:' 15 points is cause.
Mr. Knox: 15 points results in automatic removal.
Mr. Carollo:
Mr. Plummer: Other than the points, you have to charge with cause.
Mr. Knox: Yes, sir.
(INAUDIBLE BACKGROUND COMMENT NOT PLACED INTO THE PUBLIC RECORD).
Mr. Carollo: Howard, can I hold you responsible to get me, tomorrow morn-
ing by noon all the records that he has on excused absences of all the peo-
ple on the Zoning and Planning Boards?
Mr. Ongie: On Item 17 we had motion on the floor and no one has seconded
and we have not called the roll.
(INAUDIBLE BACKGROUND COMMENT NOT PLACED INTO THE PUBLIC RECORD).
Mr. Ongie: Yes, but we have not called the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 81-953
A RESOLUTION RESCHEDULING THE REGULAR CITY COMMISSION
MEETING OF DECEMBER 24, 1981 TO TAKE PLACE ON DECEMBER
10, 1981 AT 2:00 P.M.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk).
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
.Commissioner Demetrio Perez, Jr.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
NOTE FOR THE RECORD:1 AGENDA ITEM .18 WAS DEFERRED.
93 NOV 1981
U
ALLOCATE $75,000 OF FY 0_1-12 F.P.S. TO PREVIOUSLY APPROVED
4u. SOCIAL SERVICE AGENCIES - 1/12 ALLOCATION TI'P.OUGI' DECEit^ER 31,
19S1.
Mayor Ferre: 19 has been withdrawn?
Mr. Gary: Yes, but we need a substitute resolution to continue funding from..
Mayor Ferre: Plummer moves. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption: -
RESOLUTION NO. 81-954
A RESOLUTION ALLOCATING $75,000 OF FY'81-82 FEDERAL REVENUE
SHARING FUNDS APPROPRIATED BY PASSAGE OF ORDINANCE NO. 9321
TO PREVIOUSLY APPROVED SOCIAL SERVICE AGENCIES LISTED HEREIN
IN AN AMOUNT NOT TO EXCEED 1/12TH OF THE TOTAL ALLOCATION TO
EACH AGENCY FOR FY-80-81, FOR THE PERIOD FROM DECEMBER 1, 1981
THROUGH DECEMBER 31, 1981; AUTHORIZING THE CITY MANAGER TO
ENTER INTO AGREEMENTS WITH THE AFOREMENTIONED AGENCIES.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Card lo, 1he resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
ALLOCATE FUNDS - REHABILITATION OF MULTI FAMILY HOUSING
49. BUILDING 240 N. W. 11 STREET.
Mayor Ferrei We are on Item 20a. Have we done 20a? We have adopted 20a.
Mr, Ongie: Not 20a, We did 20.
Mayor Ferre: Are there any problems with 20a? This is the other part of it.
We did 20, we dodn't do 20a.
Mr. Gary: No, this is our building that we are using as a demonstration that
we have.
Mayor Ferre: And where are these monies coming from?
Mr. Gary: Community Development.
Mayor Ferre: It has been moved and seconded by Dawkins. Further discussion?
Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoptiont
4
4W
RESOLUTION NO, 81T955
A RESOLUTION ALLOCATING FUNDS TO THE OVERTOWN DEMONSTRATION
PROJECT --REHABILITATION OF MULTI -FAMILY BUILDING LOCATED AT
240 N. W. 11TH STREET IN THE AMOUNT OF $40,000.00 AND AUTHORI-
ZING THE CITY MANAGER TO EXECUTE CONTRACTS IN ORDER TO COM-
PLETE SUBJECT PROJECT AND WAIVE BIDDING REQUIREMENTS.
(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 J. L. Plummer, Jr.
"Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr,
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
50. APPROVE POTENTIAL DEVELOPMENT SITES FOR IMPLEMENTATION OF
"AFFORDABLE RENTAL HOUSING DEVELOPMENT PROGRAM. it
Mayor Ferre: Who will move 21? Plummer moves, Is there a second? Further
discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 81-956
A.RESOLUTION APPROVING POTENTIAL DEVELOPMENT SITES FOR
IMPLEMENTATION OF THE AFFORDABLE RENTAL HOUSING DEVELOP-
MENT PROGRAM AND AUTHORIZING THE CITY MANAGER TO SECURE
APPRAISALS AND ALLOCATING FUNDS FOR THE SAME.
(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 J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
51. ACCEPT GRANT - STATE OF FLORIDA DEPARTMENT OF VETERANS 6
COMIfUNITY AFFAIRS - DAY CARE DIVISION.
Mayor Ferre: Item 23. Moved by Carollo. Is there a second, Further
discussion? Call the roll.
.95 1981
671
C
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 81-957
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE
CITY MANAGER'S ACCEPTANCE OF A GRANT FROM THE STATE
OF FLORIDA DEPARTMENT OF VETERANS 'AND COMMUNITY AFFAIRS
IN THE AMOUNT OF $29,000 IN SUPPORT OF LOCAL SOCIAL
SERVICES PROGRAMS CONDUCTED BY THE DEPARTMENT OF LEI-
SURE SERVICES, DAY CARE DIVISION: AND FURTHER AUTHORI-
ZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCU-
MENTS TO IMPLEMENT THE RECEIPT OF SAID 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 J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
NOTE FOR RECORD: AGENDA ITEM 24 WAS DEFERRED.
52. PROVIDE $25,.00q_CA27.ASSISTANCE GRANT TO P.A.C.I Fo'.
"BIG ORANGE FESTIVA7.".
Mayor Ferre: Now take up 24a.
Mr. Plummer: Is there anyone here from PACE? Well, I'll move it, but I want
to talk to those people.
Mayor Ferre: Plummers moves. It has been seconded. Further discussion?
Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION 81-958
A RESOLUTION PROVIDING A CASH ASSISTANCE GRANT IN THE
AMOUNT OF $25,000 IN SUPPORT OF THE BIG ORANGE FESTIVAL
WHICH WILL BE CONDUCTED THROUGHOUT THE MONTH OF FEBRUARY,
1982, TO PERFORMING ARTS FOR COMMUNITY AND EDUCATION (PACE),
THE SPONSORING ORGANIZATION. SAID MONIES TO BE ALLOCATED
FROM THE FISCAL YEAR 1981-82 SPECIAL PROGRAMS AND ACCOUNTS,
QUALITY OF LIFE PROGRAM -COMMUNITY FESTIVAL FUND; AND FURTHER
AUTHORIZ LANG THE CITY MANAGER TO EXECUTE THE REQUIRED SUPPORT
AGREEMENT SETTING FORTH THE CONDITIONS UNDER WHICH THE CITY WILL
PROVIDE SAID CASH ASSISTANCE.
Upon being seconded by Commissioner Carollo, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr,
Vice Mayor Joe Carollo
Mayor Maurice Ferre
NOES: None 96
ABSENT: None
53. APPROVE SCHEMATIC DEVELOPMENT PLAN FOR'VIRGINIA KEY PARK."
Mr. Ferre: Did we do 257
Mr. Plummeri We are at 27a.
Mr. Ferre: 27a would be Virginia Key Park.
Mr. Plummer: I'd like to defer that.
Mr. Ferre: Could you tell us why?
Mr. Plummer: Yes, because -it is going to take $250,000 to implement and I
want to hold up as a matter of priority.
Mr. Gary: You don't have to implement it. This is to let you know what we
have planned.
Mr. Plummer: Well, I saw the price tag on it also. I'll move it, Mr. Mayor,
I'll move it. We accept to approve; we can always change it.
Mr. Ferre: Second? Discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 81-959
A RESOLUTION OF INTENT EXPRESSING APPROVAL OF THE SCHEMATIC
DEVELOPMENT PLAN.FOR VIRGINIA KEY PARK AS PRESENTED BY THE
DEPARTMENT OF PARKS.
(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 J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre,
NOES: None
ABSENT: None
54. APPROVE AGREEMENT: CHILD DAY CARE SERVICES.
Mayor Ferre: Item 28.
Mr. Carollo: You want to take this now or hold off on it?
Mayor Ferre: I don't know. I'd like to turn over the whole Day Care Program to
Metropolitan Dade County get the money and let them run it/
Mr. Gary: Well Mr. Mayor, right now we are provding the service. Right now
we have this money and it should stay in our budget. We might as well take
.97 NOV "
' ti J +
it from the County, they don't give us too much,
Mayor Ferre: It has been moved by Carollo. Discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved it adoption:
RESOLUTION NO. 81-9r60
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S EXECUTION OF THE ATTACHED AGREEMENT WITH METRO-
POLITAN DADE COUNTY WHEREBY THE CITY SHALL PROVIDE CHILD
DAY CARE SERVICES AS STIPULATED IN SAID AGREEMENT; AND FURTHER
AUTHORIZING THE CITY MANAGER TO ACCEPT THE SUM OF $31,414
FROM METROPOLITAN DADE COUNTY AS COST REIMBURSEMENT FOR THE
ABOVE 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 J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice Mayor Joe Carollo
Mayor Maurice.Ferre
NOES: None
ABSENT: None
55. AUTHORIZE AGREEMENT: DENNIS A. VINTON INC. STAFF TRAINING
FOR ADAPTED RECREATION.
Mayor Ferre: Alright, now this Item 29...
Mr. Gary: Grant for recreational program for handicapped.
Mayor Ferre: Motion by Carollo, second by Plummer. Go ahead.
Mr. Carollo: Can I ask a question. How did we arrive at getting this?
Mr. Perez: They were recommended to us by the Handicapped Association.
_ They are the experts in the field. There are not many
Mr. Carollo: When you say for the Handicapped Association, are you talking
abut the Handicapped Association of Dade County or...
Mr. Odio: They are international field to recommend
the people that can work with the handicapped. It is a skill that is very
beneficial that can work with them in this type of a project.
Mr. Ferre: Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
o.
•
RESOLUTION NO, 81,,961
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER AN
AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO,
WITH DENNIS A. VINTON, INC. FOR PROFESSIONAL SERVICES
AS A TRAINING AND EVALUATION SYSTEM CONSULTANT, IN
CONJUNCTION WITH THE STAFF TRAINING FOR ADAPTED RECRE-
ATION (S.T.A.R.) PROJECT, WITH FUNDS THEREFOR IN THE
AMOUNT OF $10,000 ALLOCATED FROM THE DEPARTMENT OF
LEISURE SERVICES PROJECT S.T.A.R. GRANT 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 a&o ted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
AMEND A.GREFIiFITT: FXTFNP CO-SPOTISOP.SVIP OF COtICF.RT SERI' S -
56. "CITY OF I'IATiI/OAS INTERITATIOI'AL A"TIFTS SERIES" AUTI'ORIZES
ACCEPTANCE OF GRANTS h COtITpIBUTIO11S.
Mayor Ferre: Alright, we have the City of Miami/OAS International Artist
series authorizes acceptance of grants & contributions. Another public and
private forum. There is a motion, is there a second. Further discussion?
Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 81-962
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND THE
MAY 2, 1981 AGREEMENT WITH THE GENERAL SECRETARIAT OF THE
ORGANIZATION OF AMERICAN STATES TO EXTEND THE CO-SPONSOR-
SHIP OF A CONCERT SERIES IN MIAMI KNOWN AS THE "CITY OF
MIAMI/OAS INTERNATIONAL ARTISTS' SERIES" THROUGH SEPTEMBER
1982; AUTHORIZING THE ACCEPTANCE OF GRANTS AND OTHER PUBLIC
AND PRIVATE CONTRIBUTIONS FOR SIAD SERIES; FURTHER AUTHORI-
ZING THE CITY MANAGER TO EXECUTE THE NECESSARY IMPLEMENTING
CONTRACTS AND AGREEMENTS NOT TO EXCEED A TOTAL OF $15,000.
(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 J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
VLce Mayor Joe Carollo
Mayor Maurice A. Ferre.
NOES: None
ABSENT: None
.99 NOV,, L- �.�Ji
4
L57.
AUTHORIZE AGREEMENT:. E. H. FRIEND AND COMPANY, EXPERT ASSIST-
ANCE IN PENSION MATTERS.
Mayor Ferre: Take Item 31. Carollo moves, Is there a second? Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 81-963
A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
_.EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY
THE FORM ATTACHED HERETO, WITH THE FIRM OF E. H. FRIEND AND
COMPANY FOR EXPERT ASSISTANCE IN PENSION MATTERS AT A COST
NOT TO EXCEED $40,000 WITH FUNDS THEREFOR ALLOCATED FROM
THE CONTINGENT FUND.
(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 J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
58. CLAIM SETTLEMENT: AHTO WALTER.
Mayor Ferre: Take up Item 32. That has been deferred. Okay, the next one
is Item 37 authorizing the Director of Finance to pay Ahto Walter. Mr. City
Attorney, do you recommend that? $9,000 in full and complete settlement.
Mr. Knox: Yes sir.
Mayor Ferre: Alright, what is the will of this Commission? Carollo moves,
Dawkins seconds. Further discussion? Call the roll.
The following resolution was introduced by Commission Carollo, who moved
its adoption:
RESOLUTION NO. 81-964
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
AHTO WALTER, WITHOUT THE ADMISSION OF LIABILITY, THE SUM
OF NINE THOUSAND DOLLARS ($9,000.00) IN FULL AND COMPLETE
SETTLEMENT OF HIS BODILY INJURY CLAIM AGAINST THE CITY OF
MIAMI AND UPON THE EXECUTION OF A RELEASE, RELEASING THE
CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS.
(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:
100
4
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: Notie
ABSENT: None
NOTE FOR THE RECORD: AGENDA ITEM 38 WAS DEFERRED.
59. DIRECT CITY CLERK TO READVERTISE FOR REGULAR VACANCY AND
ALTERNATE VACANCY ON THE ZONING BOARD.
Mayor Ferre: Mr. Perez-Lugones, what is the problem?
Mr. Carollo: We are going to have several people and I would suggest that
we put it together and give the Commissioners some time to think about some
people. And I would do the same with Item 39.
Mr. Ferre: Alright
Mr. Perez: Weil, I don't have a problem. It is just an indication that
on 39, is already a pool of names which is the one that you would
have to select from unless you threw away that list of names and instruct
the City Clerk to readvertise of the positions, etc.
Mr. Carollo: There is no problem there.
Mayor Ferre: What are the names that we have before us? We had better re -
advertise. Mr. Carollo moves that these names be thrown out
and that we readvertise.
Mr. Carollo: We are going to have to readvertise anyway. The position of
Wellington Rolle was left vacant, and I am sure there will be at least one
other, if not more.
Mr.A.Perez! Would you like to move now with Mr. Rolle and the other position
and wait for the other one or..
Mayor Ferre: As they come up. In other words, the motion is that you re -
advertise for two vacancies, one as the regular, the other one as the
alternate.
Mr. Plummer: That is fine, Mr. Mayor, but also I call to their attention
to the two new members that there are certain criteria that had to be met
and these people had to be sponsored by an organization and that is part of
the criteria.
Mayor Ferre: Mr. Perez, why don't you meet with the two new members of
the Commission and explain what the criteria and the procecure what the
rules are.
Mr. Carollo: Since when do they have to be sponsored by an organisation?
Mr. Plummer: Always do. It has always been the case ever since we revised
the ......
Mr.A.Perez: That is correct as far as the form that they have to complete.
Mr. Plummer: It is not a problem, but you had better remember it.
Mr. Carollo: The main thing is that they live in the City of Miami.
Mayor Ferre: I think the main thing is that they conform to all the techni-
calities and requirements. In the past we have had people who haven't quite
NOV
101
Mayor Ferre: (continued) made it for technicalities.
Mr. Plummer: Each one of them, Maurice, has to be sponsored by an organiza-
tion.
Mr. Carollo: And not only must they be a registered voter, but they also
live where they are registered to vote at, not Miami Beach, or Broward
County somewhere.
Mayor Ferre: Alright, we are now on item... there is a motion by Carollo to
defer Item 39, is there a second.
Mr. Plummer: For the purposes of readvertising.
Mayor Ferre: For the purposes of readvertising and that includes new
vacancies. Is there a second? Plummer seconds it. Discussion. Call the
roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption.
MOTION NO. 81-965
A MOTION AUTHORIZING AND DIRECTING THE CITY CLERK TO
DISREGARD ALL PREVIOUSLY FILED APPLICATIONS FOR VA-
CANCY IN THE ZONING BOARD AND INSTRUCTING THE CLERK
TO RE -ADVERTISE FOR ONE REGULAR AND ONE ALTERNATE
POSITION IN THE CITY OF MIAMI ZONING BOARD.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
60. DISCUSSION AND DEFERRAL: APPOINTMENTS TO CODE ENFORCEMENT
BOARD.
Mayor Ferre: How about the Code Enforcement Board?
Mr. Carollo: I think we should defer that also, Mr. Mayor. I think that
was mine - there was one appointment left that was mine - I never made it.
Mr.Perez-Lugones:There have been no appointments perse to the Loae anforcewent
Board. There have been nominations to the Code Tnforcement Board. "o one
has been appointed at this time. In my recollections, Commissioner Carollo
nominated Ed London some time ago.
Mr. Carollo: Let's start from scratch, I think.
Mr.Perez-Lugones:Okay. The Mayor nominated Mr. Peter Palovic.
Mr. Plummer: He was formerly with the Department.
Perez Lugone:Former Commissioner Lacasa nominated Luis Phillipe
and former Commissioner Gibson nominated, I don't recall this one and
nominated Ron and those are the names that we have at this point.
(INAUDIBLE BACKGRUND COMMENT NOT PLACED INTO THE PUBLIC RECORD).
Mr. Perez Lugones: It is up to you to nominate people and we have no part in that,
102
1 6 #
Mr.Perez-Luoones:(continued) We can pick up as a pocket item, I believe at
this point.
Mr. Carollo: There are five openings, correct?
Mr.Perez-Lugonex: There are six openings, Commissioner Carollo. There are some
criteria. I will send a copy of the ordinance establishing the Board so you
can see the criteria. '
'Or. Plummer: Also, remember there is a new criteria and that be that they
be a City resident, which if you look at the four names that have been
proferred so far, only one lives in the City..Peter Patovich. London lives
on Key.Biscayne, Fraiser lives on 88th Street, N, W. and LaCruz lives on
Key Biscayne,
Mayor Ferre: There is a motion by Plummer, seconded by Perez to defer this
item to the meeting on November 19th. Call the roll.
THEREUPON, on motion duly made by Commissioner Plummer and
seconded by Commissioner Perez, the City Commission DEFERRED
- CONSIDERATION OF THE ABOVE MATTER TO NOVEMBER 19, 1981, BY
THE FOLLOWING VOTE.
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Yice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
- ABSENT: None
NOTE FOR THE RECORD: AGENDA ITEM 41 WAS DEFERRED.
■ 61. ACCEPT BID: D h 11 TILL INSTALLATIO11, I11C.
5,200 SQ. FT. OF QUARRY TILE.
Mayor Ferre: We are on 43, bid entitled...who moved that? Dawkins moved,
is there a second? Perez seconds. Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 81-966
A RESOLUTION ACCEPTING THE BID OF D 6 M TILE INSTALLATION,
INC. FOR FURNISHING AND INSTALLING APPROXIMATELY 5,200
SQUARE FEET OF QUARRY TILE AT THE LITTLE HAVANA COMMUNITY
CENTER FOR THE DEPARTMENT OF BUILDING AND VEHICLE MAINTE-
NANCE AT A TOTAL COST OF $19,384.96; ALLOCATING FUNDS THERE-
FOR FROM PRIOR YEAR RESERVE FUNDS: AUTHORIZING THE CITY MANA-
GER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR
THIS SERVICE.
(Here follows body of resolution, omitted here and on file in
the Office of the City Clerk).
_ Upon being seconded by Commissioner Perez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J, L, Plummer) JR.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
62. ACCEPT BID: ZETA BUILDING SERVICE, INC.
CUSTODIAL S,"RVICEC AT 7nIT7TCTPLP JUCTIC'; IUILDIrTG.
Mayor Ferre: Manager recommends. Who moves? Carollo moves. Is there a
second? Perez seconds, call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 81-967
A RESOLUTION ACCEPTING THE BID OF ZETA BUILDING SERVICE,
INC. FOR FURNISHING CUSTODIAL SERVICES AT THE MUNICIPAL
JUSTICE BUILDING ON A CONTRACT BASIS FOR ONE YEAR TO THE
DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE AT A TOTAL
ESTIMATED COST OF $28,660; ALLOCATING FUNDS THEREFOR
FROM THE 1981-82 OPERATING- BUDGET OF SAID DEPARTMENT;
AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO
ISSUE THE PURCHASE ORDER FOR THIS SERVICE.
(Here follows body of resolution, omitted here and on file in
the Office of the City Clerk).
Upon being seconded by Commissioner Perez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, 4r.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
63. ACCEPT BID: BPOIIARD ELE.VATO'_? SALES & "JEaVICE
ELEVATOR t AIMTEFtITCE FOR BUILDING & VEFICLE
1 A.I1!TE1TANCE DEPARTI'E NT
Mayor Ferre: 45. )lotion by Carollo, second by Perez. Call the roll. 81
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 81-968
A RESOLUTION ACCEPTING THE BID OF BROWARD ELEVATOR SALES
AND SERVICE FOR FURNISHING ELEVATOR MAINTENANCE ON A CON-
TRACT BASIS FOR ONE YEAR TO THE DEPARTMENT OF BUILDING AND
VEHICLE MAINTANCE AT A TOTAL COST OF $14,280.00; ALLOCATING
FUNDS THEREFOR FROM THE 1981-82 OPERATING BIDGET OF THAT
DEPARTMENT; AUTHORIZING THE CITY MANAGER AND THE PURCHASING
AGENT TO ISSUE THE PURCHASE ORDER FOR THIS SERVICE.
104
0
(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 J. L. Plummer, Jr,
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr,
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
64. ACCEPT BID: 11, CO.-ENFIELDS TfIAI_I PP..OTO, INC.
PICROFICHE P'OCESSOR FOR COi1PUTE" & COirvrTTCATIOflS
DEPF :?T1 tENT .
Mayor Ferre: 46. Moved by Carollo, second by Dawkins. Further discussion?
Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 81-969
A RESOLUTION ACCEPTING THE BID OF 3M CO.-ENFIELDS MIAMI
PHOTO, INC. FOR FURNISHING A MICROFICHE PROCESSOR TO THE
DEPARTMENT OF COMPUTERS ANC COMMUNICATIONS: AT A TOTAL
_ COST OF $121,149;00: ALLOCATING FUNDS THEREFOR FROM THE
1980-81 OPERATING BUDGET OF THAT DEPARTMENT; AUTHORIZING
THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE
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 Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr,
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
65. ACCEPT BID: DYNF TECI'_ DATA
DATA C0121UNICA IO1TS ETTITCEII?G DEVICE FOP
COMTUTERS & COWUNICATIOUS DEPART114rNT.
Ferre: 47. Carollo moves, Dawkins seconds, Call the roll on 47.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
C U
RESOLUTION NO, 81-,970
A RESOLUTION ACCEPTING THE BID OF DYNATECH DATA SYSTEMS
FOR FURNISHING A DATA COMMUNICATION SWITCHING DEVICE TO
' THE DEPARTMENT OF COMPUTERS AND COMMUNICATIONS, AT A
TOTAL COST OF $27,872.50, ALLOCATING FUNDS THEREFOR FROM
THE 1980-81 OPERATING BUDGET OF THAT DEPARTMENT; AUTHORI-
ZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE
THE PURCHASE ORDER FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and on
file on the Office of the City Clerk).
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice Mayor Joe Carollo
Mayor Maurice A, Ferre
NOES: None
ABSENT: None
66. ACCEPT BID: LITT014 OFFICE PRODUCTS CETTTER- C
10 CODTUTER PgOGRA1'3iER ITORY STFTIOTTS FOR
DEPGRTT'E1!T OF CO�TJJTEnS & CO?T�'_UVICATIO??S.
Mayor Ferre: 48. Carollo moves, Dawkins seconds. Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 81-971
A RESOLUTION ACCEPTING THE BID OF LITTON OFFICE PRODUCTS
CENTERS FOR FURNISHING TEN COMPUTER PROGRAMMER WORK STA-
TIONS TO THE DEPARTMENT OF COMPUTERS AND COMMUNICATIONS
AT A TOTAL COST OF $19,698.60; ALLOCATING FUNDS THEREFOR
FROM THE THE L981-82 OPERATING BUDGET OF THAT DEPARTMENT;
AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT
TO ISSUE THE PURCHASE ORDERS 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 Dawkins, the resolution was passed
and adopted by the following vote:
AYESi Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
_ Commissioner Demetrio Perez, Jr.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
h0v
106
6 a
67. ACCEPT BID: IATIONAL BUSTVESS ?IAC"INES
BUSINESS i7ACF..T1?ES 1A.TTiTENAITCE CITt' ?TIDE.
Mayor Ferre: Take up 49, Carollo moves. Is there a second. Perez seconds.
Discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 81-972
A RESOLUTION ACCEPTING THE BIDS OF NATIONAL BUSINESS
MACHINES AT AN ESTIMATED COST OF $12,300.00 AND PATRICK
CROOK BUSINESS MACHINES AT AN ESTIMATED COST OF $3,750.00
FOR FURNISNING BUSINESS MACHINES MAINTANANCE FOR ONE YEAR
ON A CONTRACT BASIS, CITY WIDE AT A TOTAL ESTIMATED COST
OF $16,050,00; ALLOCATING FUNDS THEREFOR FROM THE 1981-82
OPERATING BUDGETS OF THE VARIOUS DEPARTMENTS; AUTHORIZING
THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE
PURCHASE ORDERS FOR THIS SERVICE.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
_ Commissioner Miller J, Dawkins
Commissioner Demetrio Perez, Jr.
- Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
68. ACCEPT BID: SUNSET EITTE^PRISES, IITC.
VIR:?ICK GYI` - FOA.T FAI'P ?i0DIFIOAT10I?S.
,i Mayor Ferre: 50. Alright, it has been moved by Carollo and seconded by
Dawkins. Call the roll please.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 81-973
A RESOLUTION ACCEPTING THE BID OF SUNSET ENTERPRISES, INC.
IN THE PROPOSED AMOUNT OF $28,650, BASE BID OF THE PROPOSAL,
FOR VIRRICK GYM - BOAT RAMP MODIFICATIONS; WITH MONIES THEREFOR
ALLOCATED FROM THE "CAPITAL IMPROVEMENT FUND" IN THE AMOUNT
OF $28,650 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID
FUND THE AMOUNT OF $3,150 TO CIVER THE COST OF PROJECT EX-
PENSE; 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 $1,190
TO COVER THE INDIRECT COST; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file in
the Office of the City Clerk).
107
4
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
69. DIRECT CITY CLERT. TO PUELISF NOTICE OF PUBLIC .'_EAR.?PTG:
TIEST TRAILVIEG KTGNUAY IrP';OV1-EFT 1;4b..G7.
Mayor Ferre: Take up Item 51. Moved by Carollo. Second by Perez, Further
discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 81-974
_ A RESOLUTION DIRECTING THE CITY CLERK TO PUBLISH A NOTICE OF
PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPTANCE BY THE CITY
COMMISSION OF THE COMPLETED CONSTRUCTION BY MIRI CONSTRUCTION,
INC. OF WEST TRAILVIEW HIGHWAY IMPROVEMENT IN WEST TRAILVIEW
HIGHWAY IMPROVEMENT DISTRICT H-4447.
(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 J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
FOR1,iALIZING RESOLUTION: ALLOCATE $21,500 AS A GRADTT CAE::
71. `TS'''A".^.E -0 "721,07:IDA p ; ?" T rIV':'?rIT'' AVUT!` TT ASSOCIA-_IOTT-I`I!"I
CHAPTER: ITT SUPPORT OF "4'TT' ATTVITAL ORAT"GE "LOS:'OT+ CLAS^IC
PAWDF."
Mayor Ferre: Take up 53, Alright Plummer moves. Second my Carollo.
Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 81-975
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE
ACTION OF THE CITY MANAGER IN EXECUTING THE NECESSARY
SUPPORT AGREEMENT SETTING FORTH THE CONDITIONS UNDER
WHICH THE CITY IS TO EXPEND THE SUM OF $21,500 ALLO-
CATED FROM SPECIAL PROGRAMS AND ACCOUNTS, QUALITY
OF LIFE PROGRAM - CITY WIDE EVENTS, AS A GRANT OF
CASH ASSISTANCE TO FLORIDA A AND M UNIVERSITY ALUMNI
ASSOCIATION, MIAMI CHAPTER, THE SPONSORING ORGANIZA-
TION, IN SUPPORT OF THE 49TH ANNUAL ORANGE BLOSSOM
CLASSIC PARADE HELD OCTOBER 24, 1981, SUBJECT TO THE
REQUIREMENTS OF CITY COMMISSION POLICY 100-4 (RESOLU- N O V
TION NO. 81-189). 108 r
0
0
(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 J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr,
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre.
NOES: None
F0R?!A1IZI11G RESOLTjTI017: ALLOCAT? $1_ ,�75.n,c r'Ell 11AF11INGTO
71. C.D. CMTrEREtTCr, 111C. TI-'?O'T(,V JUL" 1.991_.
Mayor Ferre: Take up 54. Moved by Carollo, Is there a second,
Mr. Plummer: Wait a minute now. Hold on. Excuse, me is there a second?
Mr. Carollo: Not yet.
Mr. Plummer: 54,
Mr. Gary: We have already expended there funds. This is just a formalizatior.
Mayor Ferre: This goes back to July..
Mr. Gary: This goes back to July 17, 1981,
Mayor Ferre: Plummer seconds. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO, 81-976
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE
ALLOCATION OF $13,075.06 FROM 67H YEAR COMMUNITY DEVELOP-
MENT BLOCK GRANT FUNDS TO NEW WASHINGTON HEIGHTS COMMMITY
DEVELOPMENT CONFERENCE, INC., ENABLING IT TO OPERATE
THROUGH JULY 17, 1981, THEREBY TERMINATING THE FUNDING OF
THIS PROJECT ON SAID DATE; FURTHER RATIFYING, APPROVING
AND CONFIRMING THE CITY MANAGER'S AMENDMENT OF THE PREVIOUS-
LY EXISTING AGREEMENT WITH SAID AGENCY IN ACCORDANCE WITH
SUCH ALLOCATION.
(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 J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perz, Jr,
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
109
72. CONSENT AGENDA.
Mayor Ferre: Does any member of the Commission wish to withdraw any item
between 55 and 627 Is there anyone here who wishes to discuss any
item between 55 and 62?
The following resolutions were introduced by Commissioner Plummer, seconded
by Commissioner Dawkins and passed and adopted by the following vote:
AYES: = Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
72.1. ACCEPTING COMPLETED WORK OF JUELLE BROTHERS - LITTLE HAVANA COMMUNITY
CENTER - BLDG. B - DEMOLITION AND AUTHORIZING FINAL PAYMENT.
RESOLUTION NO. 81-977
A RESOLUTION ACCEPTING THE COMPLETED WORK OF JUELLE
BROTHERS, INC. AT A TOTAL COST OF $13,990.00 FOR LITTLE
_ HAVANA COMMUNITY CENTER - BUILDING B - DEMOLITION; AND
AUTHORIZING A FINAL PAYMENT OF $1,399.00.
72.2 ACCEPTING COMPLETED WORK OF BEN HURWITZ, INC. - S.C.L. RAILROAD
STATION - DEMOLITION & AUTHORIZING FINAL PAYMENT.
RESOLUTION NO. 81-978
A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY BEN
HURWITZ, INC. AT A TOTAL COST OF $38,900.00 FOR S.C.L. RAIL-
ROAD STATION - DEMOLITION; AND AUTHORIZING A FINAL PAYMENT
OF $9,740.00.
72.3 ACCEPTING THE COMPLETED WORK OF ANKNEY AND CHRISTENBURG ENTERPRISES,
INC. FOR DAY CARE CENTERS - EXPANSION AND AUTHORIZING FINAL PAYMENT.
RESOLUTION NO. 81-979
A RESOLUTION ACCEPTING THE COMPLETED WORK OF ANKNEY AND CHRISTEN -
BURY ENTERPRISES, INC. AT A TOTAL COST OF $72,579.00 FOR DAY
CARE CENTERS - EXPANSION:; AND AUTHORIZING A FINAL PAYMENT OF
$7,257.90.
72.4 ACCEPTING COMPLETED WORK OF BEN HURWITZ, INC FOR DINNER KEY - DEMOLI-
TION OF BUILDINGS AND AUTHORIZING FINAL PAYMENT.
RESOLUTION NO. 81-980
A RESOLUTION ACCEPTING THE COMPLETED WORK OF BEN HURWITZ,
INC. AT A TOTAL COST OF $41,007.00 FOR DINNER KEY - DEMOLI-
TION OF BUILDINGS; AND AUTHORIZING A FINAL PAYMENT OF $5,450.70.
110 N"� v ,
t�9�81
0
72.5 ACCEPTING COMPLETED WORK OF SOLO AIR CONDITIONING & HEATING CO. FOR
FIRE ALARM OFFICE AIR CONDITIONING IMPROVEMENTS 6 AUTHORIZING
FINAL PAYMENT.
RESOLUTION NO. 81-981
A RESOLUTION ACCEPTING THE COMPLETED WORK OF SOLO AIR
CONDITIONING AND HEATING CO., ING. AT A TOTAL COST OF
$12,468.00 FOR FIRE ALARM OFFICE - AIR CONDITIONING
IMPROVEMENTS: AND AUTHORIZING A FINAL PAYMENT OF $1,246.80.
72.6 ACCEPTING COMPLETED WORK OF MET CONSTRUCTION FOR THEODORE R. GIBSON
PARK AND AUTHORIZING FINAL PAYMENT.
RESOLUTION NO. 81-982
A RESOLUTION ACCEPTING THE COMPLETED WORK OF MET CONSTRUCTION,
INC. AT A TOTAL COST OF $152,375.00 FOR THEODORE R. GIBSON
(DIXIE) PARK - POOL MODIFICATIONS ORD BIDDING): AND AUTHORIZING
A FINAL PAYMENT OF $15,237.50.
72.7 ACCEPTING COMPLETED WORK OF FRISA CORP. FOR BUENA VISTA COMMUNITY
DEVELOPMENT PAVING PROJECT AND AUTHORIZING FINAL PAYMENT AND ESCROW
ACCOUNT.
RESOLUTION NO. 81-983
A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY FRISA
CORPORATION AT A TOTAL COST OF $323,664.35 FOR BUENA VISTA
COMMUNITY DEVELOPMENT PAVING PROJECT - PHASE IV; AUTHORIZING
FINAL PAYMENT IN THE AMOUNT OF $29,645.35; AND STIPULATING
THAT $5,759.25 OF THE FINAL PAYMENT BE HELD IN ESCROW BY THE
CITY OF MIAMI.
72.8 ACCEPTING THE COMPLETED WORK OF WILLIAMS PAVING CO. FOR JEFFERSON
STREET PAVING PROJECT AND AUTHORIZING FINAL PAYMENT.
RESOLUTION NO. 81-984
A RESOLUTION ACCEPTING THE COMPLETED WORK OF WILLIAMS PAVING CO.,
INC. AT A TOTAL COST OF $36,060.92 FOR JEFFERSON STREET PAVING
PROJECT; AND AUTHORIZING A FINAL PAYMENT OF $6,927.92.
73. CONFIRM ASSESSMENT ROLL: COLUMBIA SANITARY SEWER IMPROVEMENT
SR-5420-S.
Mayor Ferre: Now we are on Item No. 65 of the Public Hearings. Now is
there anybody here who wishes to discuss the Sanitary Sewer Improvement
Sr-5420-S.
Mr. Plummer: Hearing none, I move it.
Mayor Ferre: Alright. There is a motion, is there a second? Second by
Carollo. Further discussion. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 81-985
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION
OF COLUMBIA SANITARY SEWER IMPROVEMENT IN COLUMBIA SANITARY
SEWER IMPROVEMENT DISTRICT SR-5420-S (sideline sewer) AND
REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT NOT HEREBY
CERTIFIED.
�11
-t
C,
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissio ner Carollo, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
74. CONFIRM ASSESSMENT ROLL: COLUMBIA SANITARY SEWER IMPROVEMENT
SR-5420-C
Mayor Ferre: Now we are on the SR-5420-C, Item 66. Is there anybody here
who wishes to be heard? Any objectors?
Mr. Plummer: Let the record indicate no one came forward, I move it.
Mayor Ferre: Plummer moves, Dawkins seconds, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 81-986
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION
OF COLUMBIA SANITARY SEWER IMPROVEMENT IN COLUMBIA SANITARY
SEWER IMPROVEMENT -DISTRICT SR-5420-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 J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
75. CONFIRM ORDERING RESOLUTION: MANOR HIGHWAY IMPROVEMENT
DISTRICT PHASE II - H-4473.
Mayor Ferre: Take up Item 67, Does anyone here wish to speak on Manor High-
way Improvement District Phase II - H-4473.
Mr. Plummer: Let the record indicate no one came forth, I move it.
Mayor Ferre: Motion by Plummer, second by Dawkins. Discussion? Call the
roll.
112 N�V 1 ;ss1
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION 81-987
A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 81-896
AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED
BIDS FOR THE CONSTRUCTION OF MANOR HIGHWAY IMPROVEMENT -
PHASE II IN MANOR HIGHWAY IMPROVEMENT DISTRICT - PHASE
II-4473.
(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 J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
76. CONFIRM ORDERING RESOLUTION: ALLAPATTAH HIGHWAY IMPROVEMENT
DISTRICT - H-4474
Mayor Ferre: Okay. Is there anybody here who wishes to speak on the Alla-
pattah Highway Improvement District - H-4474.
Mr. Plummer: Let the record indicate no one came forward, I move it.
Mayor Ferre: Plummer moves, Dawkins seconds. Any discussion? Call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION 81-988
A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 81-894
AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED
BIDS FOR THE CONSTRUCTION OF ALLAPATTAH HIGHWAY IMPROVE-
MENT IN ALLAPATTAH HIGHWAY IMPROVEMENT DISTRICT - H-4474.
(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 J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice Mayor Joe Carollo
Mayor Maurice Ferre
NOES: None
113
77 . APPROVE EXPENDITURE OF $15 0000 "FlnPl ANITUAL CARIBBEA17
CONFERENCE".
Mayor Ferre: We have a pocket item - the sponsorship of the Caribbean
Conference. Joe you got that letter there',
Mr. Carollo: Yes, Mr, Mayor I am going to pass it on to you here.
Mayor Ferre: I want to tell you that this year's fifth Caribbean Conference
for sure Vice President Bush,..President Reagan might be coming, they have
not made their final decision.
Mr. Carollo: Is your friend Mr. Reagan coming?
Mayor Ferre: President Reagan might be coming; they have not made their
final decision yet. In the meantime
Mr. Plummer: Yes, if Reagan can't make it, he will send Reboso,
Mayor Ferre: I want to tell you that I did talk to my uncle who was
at the White House right after Reboso and he did confirm that Reboso had
attendance of 34 seconds with the President, and he said "Mr. President,
together we can do it".
Mr. Ferre: Would somebody wish to move the approval of the expenditure of
$15,000?
Mr. Carollo: I'd be glad to move it with one criteria, like I included in
last year's motion that no members of any Marxist or Communist countries be
invited at our expense.
Mr. Plummer: What are we talking about?
Mr. Carollo: The thing that is once a year, the Caribbean Conference
Mr. Plummer: Well, I don't have anything on it, I don't have any documents.
Mr. Carollo: Well, they delay this every year. We get it at the last
second. That is why I am concerned that he is going to sneak another one
into here.
Mr. Plummer: Alright, I will invoke the rule.
(INAUDIBLE BACKGROUND COMMENT NOT PLACED INTO THE PUBLIC RECORD).
Mr. Plummer: Well, I haven't read it, Maurice. As before, I will vote for
- it and not invoke the rule, but I have 72 hours in which to invoke the rule,
other than that it is approved. Can I have this copy. I don't even have
a copy.
Mr. Carollo: Maurice, can .velio Ley be kind enough, you know now that
he is four or five times over a millionaire to send us peons a little copy
of all that.
Mr. Plummer: Wc.11, -it least you are a peon, you got a copy!
Mayor Ferre: 'n the first place, and I am not trying to defend Evelio,
He did not send it. That came directly from the committee which is up in
Washington.
114 NUOV `,nn�
Mr. Carollo: I remember that guy — he is the one who tried to talk 'me into
letting Manny come.
Mayor Ferre: That's right. He is the Executive Director of that committee.
The chairman is Bob West, who is one of Reaean's main neonle en4 the presi-
dent is Bob Graham, Covernor of Florida.
Mr. Plummer: We are talking about a total of $15,000?
Mr. Carollo: Yes. $15,000.
Mr. Plummer: And where is this conference to be held?
Mayor Ferre:
Mr. Plummer: Where?
Mr. Carollo: Key Biscayne.
(INAUDIBLE BACKGROUND COMMENT NOT PLACED INTO THE PUBLIC RECORD).
Mr. Plummer: Well, next year they won't have that.
Mr. Carollo: Can someone make sure we get copies of the whole program?
Mayor Ferre: Cesar, will you makes copies of all of that? It has been
moved and seconded. Call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 81-989
A MOTION APPROVING AN EXPENDITURE OF $15,000 IN
CONNECTION WITH THE HOLDING OF THE "FIFTH ANNUAL
CARRIBBEAN CONFERENCE: WITH THE PROVISO THAT NO
INVITATIONS BE EXTENDED TO ANY REPRESENTATIVES
FROM A COUNTRY WHICH EITHER ARE OR HAVE ANY CON-
NECTIONS WITH ANY COMMUNIST OR MARXIST REGIME.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
115
78. LIST OF PROPOSED RULE CHANGES FOR THE CITY CO101ISSION
AND DIRECTIONS TO THE LAW DEPARTMENT IN MISCELLANEOUS
AREAS. '
Mayor Ferre: Now the other pocket items that I have in part, I would like
to recommend and this I would like to make the form of a motion and I
am going -.to read these out to you and these will not be acted on until
it's in the form of a resolution and we formally adopt it at the next
meeting, just to that we can get the ball rolling. I've written down
some Commission rules that I think would really simplify and expedite
our procedures here. And I'd just like to read them out without commenting
and then I'll open it up for discussion. I think we need, so that don't
go on with these meetings, and I want to say that other than J. L. Plummer
I'm the second worst culprit for talking around here and I would like
to recommend that we impose upon ourselves, including me, that on any
item that no member of this Commission has more than 5 minutes to talk
and 10 minutes cumulative and unless there's 3 members ...............
of this Commission that would waive that, for example, there might be
some hot issues that we would waive that. I think you
have to be reasonable about it. Number two, that we at every meeting
allocate one hour for members of this Commission to discuss whatever
pocket items they may have at each meeting because what happens is we never
have a chance to talk about our favorite projects or ideas. Plummer, this
is something you've been complaining about for a long time. Now you don't
have to take the 15 minutes if you don't want to but there will be one
hour allocated for, and it will be strictly upheld, 15 minutes to the minute,
for every member of this Commission to rant and rave about whether the
garbage was picked up on Flagami or whether the Public Works Department
is doing the right job on Wynwood, or whether or not the CD Office is
being properly run whatever you open......... now, there will only be
discussion and you can make motions, if you wish there can be pocket items,
no ordinances, and no resolutions. Motions only if people ... you can always
invoke the 5 day rule. It's your prerogative anyway. But I mean, during
that 15 minute period, you would have the right to make a motion. Okay?
Number three, that by January the Manager would come up with a recommendation
to prioritize issues because one of the things that I think has happened in
the last few years to this City Commission is we've ended up with too
many things going on and there was never any clear cut discussion and
order to the administration of the Commission as to what item to
prioritize. So I think that we really should discuss and decide, for
example, that if we're going to give $200,000 to the Bayfront Park, that
we're going to do the same thing for Manor Park. I think we need to
put priorities on issues so that the administration is instructed as to what
comes first. Number four, I think that we need to tighten up on general
procedures. Now Angela Bellamy came up with a series of recommendations
Mr. Manager. I never even read them, frankly, because we never got around to
doing them. But I think I would like to revive that and I want you to send
a copy to all members of the Commission and see if we can discuss that.
Number 5, no new material 24 hours before the Commission meetings beginning.
Let me tell you what that means. Continually, today is a good example,
we have a 5 day rule here, all right, you give us the agendas 5 days
before and then you start sending us memorandums with changes, with this
and that and the other thing. I don't mind doing that to a certain degree
but there have been cases here where both Commissioner Carollo and Plummer
that something has been given to them 5 minutes before the meeting, or 10
minutes before we vote, and they're not privy to it, and they don't want
to vote on it. So just to simplify procedures, from now on, if you're going
to give us something new, the 24 hour rule means no new material, none,
submitted during the last 24 hours. If you don't have it, and I don't
mean from the podium, or at the last minute passing out a pamphlet, it it's
not submitted 24 hours, it just not acceptable. And therefore, the item is
116 Nov 1 1;3" 119aI
Mayor Ferre (continued): automatically deferred. Number six, no meeting
will extend beyond 9:00 P.M. under any circumstances. That's it. These
2:00, 3:00 o'clock in the morning meetings that I think how Father Gibson
ever resisted that is beyond me. We had meetings here until 3:00 o'clock
in the morning. No more of that. 9:00 o'clock it just cuts off. Whatever
item is on we will finish that item and that',s the end of the meeting, with
no exceptions.
Mr. Plummer: With no exceptions.
Mayor Ferre: With no exceptions.
Mr. Plummer: Now does that also, let me understand because one of the things
that I've' had a problem with in the past, that is that no one is going to
come up out of the audience during the day time if in fact this Commission
is to hear them, it's at the end of the agenda.
Mayor Ferre: Unless 3/5th's... for example, if Senator Hawkins comes here,
or if Senator Chiles comes here, I'm sure you're not going to tell them
that you don't want to hear them until the end of the meeting.
Mr. Plummer: Well, the last time they were here, we didnt' deny them.
Mayor Ferre: All right, now. The next thing that I had down here was
30 day time limit to any request of the Manager. In other words, whenever
we ask the Manager for something, he's_got 30 days to answer.
Mr. Plummer: Oh, to answer.
Mayor Ferre: 30 day time limit on Manager response so that...see whats
happened, to those new members of the Commission, what was happening here
a lot of times, Howard has not done that, but other Managers in the past,
maybe he has once in a while, but one of the old trick of the old Manager
was that they would just...you know, what happened to that thing, well, we're
working on it, you know, and it would be 60 days, 90 days and pretty soon,
you'd forget about it, and therefore, you'd never get an answer.
Mr. Dawkins: Okay. Are we saying then that requests will be made of the
Manager and then the Manager will fill them as they are given. That I cannot
go to him after he has 10 items and tell him, hell, this is an emergency
I want this, drop everything...
Mayor Ferre: I think,that's fair.
Mr. Plummer: Well, of course, you're also talking about a 30 day time
limit too.
Mayor Ferre: Yeah. In other words, we're asking Howard officially from
the podium that we want something, an answer on a particular item, that the
administration has 30 days to answer. Now obviously, again, I mean, no rule
is iron -clad. If we're asking him, for example, to compile a recommendation
for major changes in the pension system, I mean, there's no way he can
answer that in 30 days.
Mr. Plummer: He can answer.
Mayor Ferre: Well, we're talking about routine administrative requests.
We're not talking about, for example, a reform of the pension system.
Obviously, he's not going to do that in 30 days. Number 8, one hour
a month for departmental review. That's something that we used to do
way way back, way way back and we haven't done it in 5 or 6 years. We
used to have members of the department, department heads come here and
tell us how they're running their department, what their problems are,
what their shortages are, what's going on and what the, you know, what the
problem is in that particular department and not leave it for the budget
hearings which is what has happened in the last three or four years, is
you've ended up discussing department problems at budget hearing time rather
than throughout the year, and then they come as a surprise.
NOV ^ 1981
117
C C
Mr. Plummer: May I suggest we start with Sanitation?
Mayor Ferret Yes. I have no problem with that.
Mr. Plummer: Can we also go back and revisit that area that you spoke about
with a 9:00 o'clock closing. I would like to suggest that you add the
procedure of the County, and that is whoever the speaker is at 12:00 o'clock
noon, that is the end, and you break one hour for lunch. Now if we're going
to act like big boys, let's do it all the way.
Mayor Ferret Okay...
Mr. Plummer: Whoever the speaker is a noon is the last speaker, and we'll
be back at 1:00 o'clock.
Mayor Ferret All right, Mr. Manger, we will add that also. That's a
12:00 o'clock break. Okay? Now, I was saying that we were going to have
one hour a month for departmental review. All right, number nine, town -hall
meeting. Now I know they're a pain in the neck...
Mr. Plummer: I just don't think... Maurice, let me just give you my opinion,
okay? If, in the past, town -hall meetings had been successfull, I would say
to you yes. But Maurice, with the exception of...
Mayor Ferret J. L., we havne't done a town -hall meeting since Paul
Andrews left this town.
Mr. Plummer: Hey, I'm willing to try them.
Mayor Ferret I want to tell you..
Mr. Plummer: Are you speaking about in lieu of regular or addition to?
Mayor Ferret No, sir. No, sir. We go back to the same system we used
5 years ago which always worked. We would have a morning meeting, we would
break for lunch at 1:00 and would reconvene at 3:00 or 4:00 o'clock in the
afternoon for part of the agenda, the afternoon agenda would be at the
town -hall meeting, and we would go out to, we would go to Overtown,
we would go to Coconut Grove, we would go to Flagami, we go to neighborhoods
in this community and have afternoon sessions. And invite the neighbors
of that particular part of town. We would use schools, parks, park buildings.
We had one at Legion Hall, we had one at the Steve Clark Building in Grapeland
Heights.
Mr. Plummer: You see —please, I'm willing to try it. All right? But the
problem that you're going to get into is if you're going to do it on a
regular Commission day, you're going to have, Maurice, you're going to take
care of the first half of the agenda. Those people in those individual
locales want to talk about their problems. They don't want to talk about the
regular agenda.
Mayor Ferret J. L., let me tell you what...
Mr. Plummer: Now if you want to have town -hall meetings as a separate
meeting, I have no problem. I think it would be fruitful.
Mayor Ferret No, but I think we can handle ... we can't stretch this
Commission beyond reason. I think two meetings a month are plenty. I don't
want to have 3 meetings a month. I think the way to do that is you get
over with the heavy stuff right here. Or you may want to schedule one
heavy item at the town -hall meeting and don't schedule ... I'm not telling
you what to put on the agenda, what I'm saying is I think we need to meet
at the neighborhood level and let the people know, obviously, for example,
if we're talking about something which is of interest to the Overtown area,
I don't think it makes any sense to discuss that when we have a Flagami
town meeting. The Manager is going to have to schedule things so that they
make some sense. For example, Jim Reid is working diligently with the UMPTA
Grant,the other things that we're going to do in the Overtown area for the
redevelopment of that area. Right? And when these things come to a head,
for a discussion, I think we ought have that meeting right there in Overtown.
,� Nov i r I�81
�.8
Mr. Dawkins: You'll like it.
Mayor Ferre: All right, now. Town -hall meetings in the afternoon or
evenings once a month.
Mr. Dawkins: I think Plummer is just afraid to go into Liberty City but I'll
be close to you over there.
Mr. Plummer: Yeah, I hear you.
Mayor Ferre: Mid -year budget review. We always leave the budget, and then
everybody is pushed in the end, nobody knows what the hell is going on,
we go through all this stuff. We're going to have a Budget Committee.
I would hope somewhere mid -year, we spend a couple of hours reviewing the
budget. Where does the budget stand, and I want the Budget Committee to
deliberate at the half way point so that they come it isn't just to us,
but to you and the budget committee. That gets them geared up for the budget.....
see, the point is that the budget hearings that the Manager starts, he starts
in May or June. Is that right?
Mr. Gary: Yes,sir. It really starts in January, but the actual hearings are
May and June.
Mayor Ferre: The actual hearings that you conduct are in May and June. We
pass the budget October, November, December, January, February, March, April,
May, June. Okay. So May and June we're at the 5 month point. That's when
I think we ought to have a budget review along with the Budget Committee _
so that we're involved in the initiation of the whole budget process, so that
when budget time comes here after our August vacation in September, we have
some feeling for...now you sent us a document. With the exception of Plummer,
I guarantee you, last year nobody read that document. I really question -
whether. Plummer read it last year. He read it in the other years, but I
don't know whether he read it last year. _
Mayor Ferre: 11. Joint meetings. For example, this is another proplem that
members of this Commission have. They don't know what the hell is going
on with the Downtown Development Authority. They don't know what's going
on with the Pension Plan. They don't know anything that's going on wit the
Budget Review Committee, or the Waterfront Board. I think, not every
committee, because otherwise we'd be working too much but maybe two, three
selected committees a year. The Commission can be invited to participate
in the proceedings. Not to dominate them, not to take over, but to be
invited to participate. Last, I think we've got a problem with the press.
Now, I don't, I'm not talking with all due respects about the Miami News.
I think the Miami News covers the proceedings at City Hall exceptionally
well. I'm not criticizing the working press. I don't
think the reporters have anything to do with the way newspapers run.
The Miami Herald does not properly cover the City of Miami Commission.
The people of Miami do not know what's going on, do not know what is going
on the City. Now part of it is our fault. You can't say that it's the
Miami Herald's owns fault. Therefore, I would like to recommend
that in our communication Office, Press Office, or whatever its' called, that
we're coming out with reports, annual report that I think is a good beginning,
even though I think it needs a lot of improvement. But I would like to not
leave it for an annual report. I would rather take out a page ad in the
Miami Herald and so that we're fair to the Miami News, the Miami News,
and the Diario Las Americas, and tell the people of Miami what is going on
in the City. Otherwise, you're never going to be able to communicate
properly with one of those media. And that's the recommendation that I
have in general and in a general sense fir. Manager, I would be happy
to sit down and discuss this. I don't think we need to make it in the form
of a motion but I would like to recommend these as Commission rules and
work on them. I don't think we can have them done by next week, but
certainly by the meeting of December the loth. I would like to invite any
member of the Commission, especially those that have been here for a while,
J.L., Joe, and of course the new Commissioners to recommend any improvements
that think would expedite these'aieetings.
Mr. Plummer: How do we get the Commission here on time in the morning?
119 N O V ^
1 G '-�?ul
Mayor Ferre: That's another one. I'll put that one down. We will begin
all meetings at the scheduled time the moment we have a quorum. If
you're not here, you're not here. If you don't participate, that's your
problem. In other words, if the meeting is at 10:00 o'clock, you start
at 10:00. And if there's only 3 people here, we start without them. K
meetings will start on time. Anything else?
Mr. Plummer: Yeah. I'll tell you one thing that we used to do that would
save us a lot of problems. And that is, Mr. Mayor, that we invoke a rule
that says that anybody that wishes to come on a personal appearance
must submit to the Manager 5 days in advance, the subject matter so that
the Manager can be prepared and be familiar with the item when it is brought
before us so we don't have to defer it two or three times. It worked out
very well,'and why we got away from it I'll never know.
Mayor Ferre: Okay. I accept that.
Mr. Plummer: At least that way he knows what's going on.
Mayor Ferre: In writing and an explanation so we can respond. If you thin]. of
other things, please submit them to the Manager, the purpose of all these
things is to try to get us out of here quicker and have us talk less
and get more work done. Okay. Now, I do have another item regards to the
Law Department. I talked this morning about crime and how the people of
Miami seem to want to do more than just have a few policemen. I think I
would like for you to come back at the meeting of December the loth with
recommendations of implementing a section of your department that will
be involved in two general areas. One is in the area of Criminal Justice
System. For example, meeting of the Commission dealing with recommendations
and goals legislative recommendations dealing with the legislative
aides of the Dade Delegation, so that we can implement some of
the laws that we're talking about. A review of judges so that we can
publicly discuss how the judicial system is dealing with City of Miami
related Part I Crimes. I think we should limit it to that because other,ise
we start getting into minor things which would be unbearable.
But I think Part I Crime ....................................... I
think we should have a track record as to what's happening in those cases
that our Police Department is involved in the aprehension. Now there's one
other area which I think we need to discuss and that is immigration law.
Now I know that that is not within our jurisdiction but I mean to tell you,
that with all due respects to the Governor, to the President, the Attorney
General, nobody seems to be doing a hell of a lot about it. Now I
personally think that there must be a legal answer for the Miami Police
Department to apprehend criminal elements that are here from the Mariel
refugee. According to the Police Chief, there are close to 1,500 to
2,000 people that may be former convicted hard criminals that were in
Cuban jails. I understand from the people that I've been talking to in
the Police Department during this campagin for the last two or three
days , you know, some of them have been traveling with me, that they have
now organized themselves and they are for hire. The drug dealers, for
example, now know that they can get people that will for a price murder
somebody, eliminate somebody, beat somebody up, slash somebody's tires,
destroy property, get involved... in other words, it's becomming an
organized gang of criminals that are available for a fee to function in
criminal activities. Now we cannot just idly stand by and let this happen.
The problem is that they are now beginning to find out how the American
justice system works. They are beginning to find out about all the rules
and regulations and testimony, and how they're arrested, the technicalities,
and posting bond, and all these different things. And as a
consequence, they are going to be very dangerous in just a very short while.
Now my point specifically is this. It is my understanding from Alvah
Chapman, there is a constitutional lawyer in Miami and George, he's
a professor of constitutional law at Harvard and he's got a long Greek name.
His name is Basil . And he is with the law firm of
Angelo Deemas. I ran into him the other day at a Greek festival
and I talked to him. His theory is that there is something in
the American Constitution law that has never really been tested. There
might be a way for us to get a ruling somehow that there is not a clear
definition as to whether people who are not citizens have rights as
citizens if they are entrants. Now what I'm heading for is this. If we
Mayor Ferre (continue can ever find that, we might � able to pick up
these people once theommit a crime and they then become the problem of the
Federal government. I think that ... now, during the Carter Administration,
Gene Eisenberg had come up with something on that. They only implemented it
for 30 days. And they came here and they said, all right, here's the legal
of it. The Attorney General has ruled on it and we were supposed to go out
and anyone who did not have a sponsor who was a vagrant, we had the right
to pick up. Now evidently that has been withdrawn but we need to get back
into this field to find out how we can get a handle on it. Now the
last thing dealing with the ... with crime, Mr. Manager, deals, in my
opinion, with the question of the Police Department itself. And I think
we, for the Commission to have a better grasp of what's going on, I think
we need to go to a line budget in the Police Department. I would like
to discuss this further. I know that this is going to be a touchy subject.
I'm not going to touch on it now but I want that on the agenda at the next
Commission meeting. The next regular Commission meeting, for discussion.
That is the proposition. Our number one task, as I understand it, is crime.
It is the mandate of this City. The only way we can understand how the
Police Department functions is by getting into a line item budget. It's the only way.
79. REQUEST CITY ATTORNEY TO INVESTIGATE WQBA AND OTEER STATIONS
FOR POSSIBLE INCITING BROADCASTS DURING RECENT ELECTIONS.
Mayor Ferre: Now the only other thin, that I had to talk about with
regards to the Law Department, Mr. Knox, was you and I, Father Gibson at
one time also, going back to Bob High talked about having the Law Department
active in consumer protection matters. This was your recommendation a
year ago. I don't think you've done very much on that. Let me tell you
one of the things that bothers me is the polarization of what's going on.
Now there's not very much, and I say this again with all due respects, I
agree with Bob Hardin. I think the Miami Herald is one of the responsible
causes for the May riots. They got people so worked up on the McDuffie
case in the headlines with some of the things that they were pumping
out every single day. There's nothing we can do about that because the
Miami Herald is a private enterprise, and they've got the right to print
anything they want under the First Amendment. We can't do that. But
during this election, a radio station, WQBA in my opinion, was inciting
this community toward polarization. The incitement towards polarization
based on ethnic racial lines, in my opinion, is an incitement to riot.
And I think they have violated all of the rules of the FCC, and I think
this City has an obligation to review this violation. I give you 5 or
6 cases. I understand that there are other members on this Commission
that can also give you some information. And I think that this
City Commission must investigate this, go after that license
and at least teach these guys a little fear. Because if we don't do
this, let me tell you what's going to happen in this community. We're
going to have a community where every time there is an election, they are
going to be pumping out things that are in total violation of the FCC
rules. And they are going to be inciting people, and I think
what they are doing is doing a tremendous dis-service. I'm not against
Cubans, I'm not against Cubans that function properly and that defend
their causes with honor. I am against people who because of their
ratings and their radio stations are going out, and I'm not too sure
that we shouldn't take on WNWS next. That's the next one that I've got
in mind. But I think we ought to do one at a time.
Mr. Carollo: Maurice, if I could interrupt you for a second. This station,
has to a great extent, really nothing to do with Cubans in a big way
because the person that's directing that station and is directing that kind
of a campaign is not Cuban. The owners of the station are not Cuban. In
fact, what they are doing is using that station just to make money by
doing things that you are talking about.
Mayor Ferre: But they're doing it based on the worst, the worst
basis, pure emotionalism, pure racism based on inciting people. That's
the kind of stuff that I think divides this community. I think we've
got to teach those people a lesson, if nothing else to at least get them
back to having radio programs that are responsive to the needs of this
community rather than serving their personal pocketbook and their
personal interests. And I think we ought to go on record right now and
instruct the City Attorney to forthwith start documenting a case
against WQBA and the City of Miaag<elpfificially going after their li� r Q}
C
Mr. Carollo: I agree with you whole-heartedly, Mr. Mayor.
Mayor Ferre: Well, make the motion.
Mr. Carollo: Mr. Mayor, I make the motion. So be it.
Mayor Ferre: All right, let's get a second.- Is there a second?
Mr. Perez: Second.
Mr. Plummer: Mr. Mayor, under discussion, I guess Commissioner Dawkins and
I are at.a_disadvantage because I heard many many times of the things that
you speak, but if I heard the radio would not understand it. I don't
speak Spanish. I would prefer that, for my benefit, if nothing else, that
you document as you ask of the City Attorney, and then Commissioner
Dawkins and I would have the opportunity to read the levity of these
charges, and then make the decision as to whether or not this Commission
should go after them. I think it should be in two parts.
Mayor Ferre: Could I word what I think is the intent of the motion?
The intent of the motion is that the City Commission instructs the
City Attorney to assign somebody on staff to start documenting the
alleged violations of the FCC regulations by WQBA and to any other
radio station, and come back to this Commission with a report so that
this Commission can then take formal action if necessary, for the FCC.
Is that acceptable?
Mr. Carollo: That's acceptable.
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner Carollo, who
moved its adoption:
MOTION NO. 81-990
A MOTION INSTRUCTING THE CITY ATTORNEY TO ASSIGN A MEMBER
OF HIS STAFF TO DOCUMENT ALLEGED VIOLATIONS BY RADIO
STATION "WQBA" AND/OR ANY OTHER RADIO STATION THAT MAY
HAVE AIRED PROGRAMMING DESIGNED TO INCITE PEOPLE TO RIOT
IN CONNECTION WITH THE RECENT PRIMARY AND REGULAR ELECTIONS
FOR CITY OF MIAMI, AND FURTHER INSTRUCTING THE CITY
ATTORNEY TO COME BACK TO THE CITY COMMISSION WITH A REPORT
OF THEIR FINDINGS
Upon being seconded by Commissioner Perez, the motion was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller Dawkins
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
FOLLOWING ROLL CALL:
Mr. Plummer: Now you spoke to Consumer Advocate.
Mayor Ferre: Well, that's a consumer advocate issue.
Mr. Plummer: You're not talking about...
Mayor Ferre: I'm talking about the Florida Power and Light, Southern
Bell Rate increase, and all the things that are going on. You know, in the
good old days when Bob High was here, he used to be jumping on planes.
Now he was doing it to run for Governor, God bless him, I don't deny him
.122
NOV 12 1981
Mayor Ferre: (continued): that. But he did an awful lot of good because
he kept some of those companies on the straight and narrow, and he spent a
hell of a lot of money doing it. But he was successful. I'm not running
for governor, let me make that clear, but I certainly think that it is long
over due to some government in this state to protect the consumers, and
I don't see that anybody is doing it. I don't see, with all due
respects to the FCC, I don't think they're dodng anything to protect the
consumers of this state from our little vantage point here, the little City of
Miami might be able to do ...................... .....it has happened
before. We, you know, the Davids have taken on the Goliaths before. I
think that maybe we might play the part of David again, as Bob High
God rest his sould did for this community.....I think it's time for us to get
the lead :•oiit .
Mr. Plummer: Who are you advocating? Are you talking about the Law
Department to handle that?
Mayor Ferre: I think that's the proper place, J.L. I really..... these things
are all technically, so technically involved, you know. And these utility
companies have literally hundreds of lawyers, technicians and all that,
you know, for us to fight them, as you just pointed out, I do remember, and
I'll tell you what that fellows name was. He was a tough little old man
from up in Washington, I saw him several times. But he was a fighter. And
he told me, you know, there are three or four of us, Kirsch, he said
there's only three or four of us left in this country that can do this
because utility companies have so much money that they buy everybody out.
So any good attorney that starts battleing the utility company and has any
kind of ability would be offered a job for $100,000 with some law firm.
Mr. Carollo: Before you start that, George, do you want to work on the contract?
Mayor Ferre: I don't have anything else. Does anybody else have anything?
Mr. Plummer: Mr. Mayor, the only thing I would like to bring up, as
you brought out somewhere earlier in the day, the Legislature is meeting
on January the 18th, starting their session this ye$r. Are we, Mr. Sisser
is still our lobbyist in Tallahassee? I have not seen him, and I would
strougly suggest that he be here for the next meeting.
Mayor Ferre: He called up and said that he was sick and he said that that
was the only reason he was not here.
Mr. Plummer: All right. Well, because in the past he's always come around
to each individual Commissioner asking them and discussing with them the
items that are prefiled and getting their opinion.
(INAUDIBLE BACKGROUND &MMENTS PLACED OUTSIDE OF THE PUBLIC RECORD)
Mayor Ferre: Your recommendation then is that he visit everybody and talk......
Mr. Plummer: I strongly suggest, the session is starting early, you know,
this is the middle of November.
Mayor Ferre: I would like to do this. I would like, Mr. Manager for
somebody in your office to contact Mr. Sisser and ask him to see if can
meet all members of the Commission between now and next week of the 19th
and we will take this as a special emergency item because it is, the
Legislative session begins in January, J.L.?
.123
NOV 121981
Mr. Pivamer: The 18th.
Mayor Ferre: The 18th of January. And we 'don't have much time to
get goint.
Mr. Plummer: Mr. Mayor, the only other thing that I think this Commission
might want to concern itself with, and that is that probably one of the
most.important actions of the Legislature will be taken this year, and
that is the drawing of the redistricting. And I don't know that this
Commission wants to have any input but I think that maybe they should. I
happen to know the Vice -Chairman very well. And he was concerned that
he hadn't heard from any of us. The real Larry Plummer.
Mayor Ferre: I'll tell you one other thing, Mr. City Attorney, while
we're talking about this. I would like the Manager to report back to this
Commission in the next couple of months about the Charter Review Board.
I think we need to revitalize it, reinstitute it and get going on Charter
changes between now and Thanksgiving some things we may want to discuss about
the Charter. I think we ought to get going on a Charter Review Board.
Mayor Ferre: Mr. Manager, is there snything else that you with to take up?
Mr. Plummer: Move we adjourn.
I04 h 0V 1 1 1981
i
(INAUDIBLE COMMENT NOT PLACED INTO THE PUBLIC RECORD)
Mr. Plummer: I move that we reappoint Mr. Knox.
Mayor Ferre: Mr. Dawkins seconds. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 81-891
A RESOLUTION ELECTING AND REAPPOINTING GEORGE F. KNOX,•JR.,
AS CITY ATTORNEY OF THE CITY OF MIAMI, FLORIDA, TO HOLD OFFICE
UNTIL THE FIRST MEETING FOLLOWING THE NEXT REGULAR CITY ELEC-
TION AS PROVIDED FOR IN THE CITY CHARTER.
(Here follows body of resolution, omitted here, and on fill
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 J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Dice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
81. REAPPOINT RALPH G. ONGIE AS CITY CLERK OF THE CITY OF MIAMI.
Mr. Plummer I move we reappoint Mr. Ralph Ongie.
Mayor Ferro It has been moved and seconded. Further discussion? Call the
roll.
The ollowing resolution was introduced by Commissioner Plummer, who
mov,A_ir adoption:
RESOLUTION NO. 81-992
A RESOLUTION ELECTING AND REAPPOINT RALPH G. ONGIE AS
CITY CLERK OF THE CITY OF MIAMI, FLORIDA, TO HOLD OFFICE
UNTIL THE FIRST MEETING FOLLOWING THE NEXT REGULAR CITY
ELECTION AS PROVIDED FOR IN THE CITY CHARTER.
(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:
125
AYES: Commissioner J, L, Plumaert Jr,
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice Mayor Joe Carollo '
Mayor Maurice A. Ferro
WOES: Ronk
AFTER ROLL CALL:
Mr. Plummer: I move the reappointment of Matty the Great,
Mr, Carollo: No, you don't have to do Matty.
Mr. Plummer: I want to do it anyhow.
Mayor Ferrel -You were the ones that appoints her, right?
Mr. Ongie: Yes sir. You just set her salary, that's ail
is
Mr. Plummer: Did you reappoint her?
Mr. Ongie: Yes air,
I
Mr. Plummer: Cause, if you didn't, I want to go back and revisit the other
one.
Mr. Ongie: Yes sir. I did.
i
ADJOURNMENT.
Fes=
There being no further business to come before the City Commission, on
motion duly made and seconded, the meeting was adjourned at 8:50 P.M.
MAURICE A, FERRE
Mayor
ATTEST: RALPH G. ONGIE
City Clerk
MATTY HIRAI
Assistant City Clerk ����
INCpRO ORATIO '�
:s sis •
O
126
t'0 V 12 1981
F A Ml�
• MEETING DA I
�} +MC011p ORATE {} �
+e 96 �. NOVEMBER 12, 1981
ITEM NO DOCUMEW IDENTIFICATION COMMISSION RETRIEVAL
ACTION CODE NO&
1 CONDOLENCES TO THE FAMILY OF MR. MAX FRIEDSON R-81-927 81-927
2 CONDOLENCES TO THE FAMILY OF DR. JOSE VIDANA R-81-928 81-928
3 AUTHORIZE AGREEMENT: DR. MIRIAM V. MORALES, BACK
X-RAYS FOR POLICE CANDIDATES. R-81-935 81-935
4 ACCEPT BID -PHYSICAL FITNESS MACHINES FOR POLICE
DEPARTMENT R-81-936 81-936
5 ENTER INTO COLLECTIVE BARGAINING AGREEMENT:
F.O.B. LODGE NO.20. R-81-937 81-937
6 AUTHORIZE AGREEMENT-MIAMI POLICE PERFORMANCE PROJECT. R-81-938 81-938
7 AUTHORIZE AGREEMENT: PROFESSIONAL ADVERTISING
SERVICES FOR PURPOSES OF RECRUITING APPLICANTS FOR
POLICE OFFICERS. R-81-939 81-939
8 ALLOCATE 7TH YEAR C.D. BLOCK GRANT FUNDS FOR
REHABILITATION OF MULTIFAMILY APARTMENT BUILDING-
224 N.W. 12TH STREET. R-81-940 81-940
9. PERSONAL APPEARANCE: JOHN BARAD-FESTIVAL
COMMITTEE AND PROVIDE CASH ASSISTANCE GRANT TO HISPANIC
HERITAGE FESTIVAL. R-81-941 81-941
10 AUTHORIZE AGREEMENT: MIAMI DADE COMMUNYTY COLLEGE
TRAINING SERVICES C.E.T.A. TITLE II-B. R-81-945 81-945
11 ACCEPT $.215,000 FOR SALE OF 150,000 CUBIC YARDS OF
FILL TO BE REMOVED FROM VIRGINIA KEY. R-81-946 81-946
12 ACCEPT GRANT: $200,000 STATE OF FLORIDA DEPARTMENT
OF NATURAL RESOURCES FLORIDA RECREATION DEVELOPMENT
ASSISTANCE PROGRAM. R-81-948 81-948
13 AUTHORIZE AGREEMENT: FULLER AND SADAO, P.C.,
PROFESSIONAL LANDSCAPE ARCHITECTURE AND ENGINEERING
BAYFRONT PARK REDEVELOPMENT. R-81-949 81-949 ,
14 AUTHORIZE AGREEMENT: BARNET BANK -FINANCIAL PARTICIPATI
MIAMI BUSINESS REPORT 1982" R-81-951 81-951
15 RESCHEDULE MEETING OF NOVEMBER 26, TO BE HELD ON
NOVEMBER 19th. R-81-952 81-952
16 RESCHEDULE DECEMBER COMMISSION MEETINGS TO
DECEMBER 10, 1981. R-81-953 81-953
17 SUBSTITUTE RESOLUTION: 1/12 FUNDING SOCIAL SERVICES
AGENCIES FEDERAL REVENUE SHARING FUNDS.R-81-954 81-954 81-954
18 ALLOCATE FUNDS -REHABILITATION OF MULTI FAMILY HOUSING
BUILDING 240 N.W. 11TH STREET. R-81-955 81-955
!+ c aD 0 CU
i 4
,r
j
ITEM NO.
19
20
21
22
23
24
25
41:
27
28
29
i
30
31
i
32
i
i
33
34
35
36
37
38
39
CONTINUED PAGE # 2
DOCUMENT IDENTIFICATION
APPROVE POTENTIAL DEVELOPMENT SITES FOR
IMPLEMENTATION OF AFFORDABLE RENTAL HOUSING
DEVELOPMENT PROGRAM.
ACCEPT GRANT -STATE OF FLORIDA DEPARTMENT OF VETERANS
AND COMMUNITY AFFAIRS -DAY CARE DIVISION.
PROVIDE CASH ASSISTANCE GRANT: BIG ORANGE FESTIVAL
APPROVE SCHEMATIC DEVELOPMENT PLAN FOR VIRGINIA
KAY PARK.
APPROVE AGREEMENT: CHILD DAY CARE SERVICES.
AUTHORIZE AGREEMENT: DENNIS A VINTON, INC.
STAFF TRAINING FOR ADAPTED RECREATION.
AMEND AGREEMENT: CITY OF MIAMI/OAS INTERNATIONAL
ARTISTS SERIES AUTHORIZES ACCEPTANCE OF GRANTS AND
CONTRIBUTIONS.
AUTHORIZE AGREEMENT: E.H. FRIEND AND COMPANY*
EXPERT ASSISTANCE IN PENSION MATTERS.
CLAIM STTTLEMENT: AHTO WALTER.
ACCEPT BID-5,200 SQ. FT. OF QUARRY TILE.
ACCEPT BID -CUSTODIAL SERVICES
ACCEPT BID -ELEVATOR MAINTENANCE
ACCEPT BID -MICROFICHE PROCESSOR
ACCEPT BID -DATE COMMUNICATIONS SWITCHING DEVICE.
ACCEPT BID. TEN COMPUTER PROGRAMER WORK STATIONS.
ACCEPT BID -BUSINESS MACHINES MAINTENANCE CITY WIDE.
ACCEPT BID-VIRRICK GYM BOAT RAMP MODIFICATIONS.
DIRECT CITY CLERK TO PUBLISH NOTICE -WEST TRAILVIEW
HIGHWAY IMPROVEMENT H-4447
FORMALIZING RESOLUTION ALLOCATE $21,500
49TH ANNUAL ORANGE BLOSSOM CLASSIC PARADE.
FORMALIZING RESOLUTION. ALLOCATE $13,075.06 NEW
WASHINGTON D.C. CONFERENCE INC.
ACCEPTING COMPLETED WORK OF JUELLE BROTHERS -LITTLE
HAVANA COMMUNITY CENTER -BUILDING "B" DEMOLITION
AND AUTHORIZING FINAL PAYMENT.
R-81-956
R-81-957
R-81-958
R-81-959
R-81-960
R-81-961
R-81-962
R-81-963
R-81-964
R-81-966
R-81-967
R-81-968
R-81-969
R-81-970
R-81-971
R-81-972
R-81-973
R-81-974
R-81-975
R-81-976
R-81-977
81-956
81-957
81-958
81-959
81-960
81-961
81-962
81-963
81-964
81-966
81-967
81-968
81-969
81-9 70
81-9 71
81-972
81-973
81-974
81-975
81-976
81-977
DOCUMENTINDEX
1
iCONTINUED
PAGE 4i 3
- ITD4 NO. DOCUMENT IDENTIFICATION COMMISSIONACTION F COnE NO.
s
40 ACCEPTING COMPLETED WORK OF BEN HURWITZ, INC. _
S.C.L. RAILROAD STATION DEMOLITION AND AUTHORIZING
FINAL PAYMENT. R-81-978 81-978
41 ACCEPTING THE COMPLETED WORK OF ANKNEY AND
CHRISTENBURG ENTERPRISES, INC. FOR DAY CARE CENTERS.
EXPANSION AND AUTHORIZING FINAL PAYMENT. R-81-979 81-979
42 ACCEPTING COMPLETED WORK OF BEN HURWITZ, INC. FOR
DINNER KEY DEMOLITION OF BUILDINGS AND AUTHORIZING
FINAL PAYMENT. R-81-980 81-980
43 ACCEPTING COMPLETED WORK OF SOLO AIR CONDITIONING
AND HEATING CO. FOR FIRE ALARM OFFICE AIR
CONDITIONING IMPROVEMENTS AND AUTHORIZING FINAL
PAYMENT. R-81-981 81-981
44 ACCEPTING COMPLETED WORK OF MET CONSTRUCTION
FOR THEODORE R. GIBSON PARK AND AUTHORIZING FINAL
PAYMENT. R-81-982 81-982
45 ACCEPTING COMPLETED WORK OF FRISA CORPORATION FOR
BUENA VISTA COMMUNITY DEVELOPMENT PAVING PROJECT AND -
AUTHORIZING FINAL PAYMENT AND ESCROW ACCOUNT. R-81-983 81-983
46 ACCEPTING THE COMPLETED WORK OF WILLIAMS PAVING CO.
FOR JEFFERSON STREET PAVING PROJECT AND
AUTHORIZING FINAL PAYMENT. R-81-984 81-984
47 CONFIRM ASSESSMENT ROLL: COLUMBIA SANITARY SEWER
IMPROVEMENT SR-5420-S R-81-985 81-985
' 48 ASSESSMENT ROLL: COLUMBIA SANITARY SEWER
IMPROVEMENT SR-5420-C. R-81-986 81-986
49 MANOR HIGHWAY IMPROVEMENT DISTRICT PHASE II-H-4473. R-81-987 81-987
44 CONFIRM ORDERING RESOLUTION ALLAPATTAH HIGHWAY
IMPROVEMENT DISTRICT H-4474.- R-81-988 81-988
45 APPROVING EXPENDITURE OF $15,000 "FIFTH ANNUAL
CARIBBEAN CONFERENCE". R-81-989 81-989
46 REAPPOINT GEORGE F. KNOX AS CITY ATTORNEY OF THE CITY
OF MIAMI, FLORIDA. R-81-991 81-991
47 REAPPOINT RALPH G. ONGIE AS CITY CLERK OF THE CITY
OF MIAMI, FLORIDA.- R-81-992 81-992
i
d