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HomeMy WebLinkAboutCC 1981-10-07 Minutes`S uS _ In m 14. • I n )5 HELD October 7, 1981 ON (REGULAR) q PARED -BY THE OFFICE OF THE 44 p Y � s ,; •4 t,� Y CITY CLERK CITY HA,I.,.L 4 d CITY CLERK 3 r A y i, � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 19 POLICE DEPARTMENT PERSONNEL UTILIZATION - REPORT BY BOOZ-ALLEN HIRING AND PROMOTIONAL PRACTICES IN THE POLICE DEPARTMENT LITTLE HAVANA COMMUNITY CENTER MASTER PLAN - APPROVE CONCEPT. CABLE T.V.-ESTABLISH DATES OF OCTOBER 13 and 19 FOR FIRST AND SECOND READING OF THE ORDINANCE. MANAGEMENT AND BUDGET RESOURCE ALLOCATION PROGRAM TEMPORARILY DEFERRED DINNER KEY MARINA DEVELOPrMNT-DISCUSSION AND DEFERRAL TO NEXT COMMISSION MEETING FOR POSSIBLE REAWARD OF CONTRACT. MINORITY VENDOR PROCUREMENT POLICY -ORDINANCE ON OCTOBER 22ND. BRIEF DISCUSSION:STATUS OF POLICE AND FIRE UNION CONTRACTS. PERSONAL APPEARANCE: PAT SKUBISH ANNOUNCING HER RESIGNATION FROM CITY DUE TO DENIAL FOR LEAVE OF ABSENCE. STOP FUNDING FOR PUERTO RICAN HEALTH CLINIC AND FUNDS BE GIVEN TO ASPIRA. AFFORDABLE RENTAL HOUSING PROGRAM APPROVE IMPLEMENTATION OF AFFORDABLE RENTAL HOUSING PROGRAM PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS A.P.A. AWARD OF MERIT TO CITY BY AMERICAN PLANNING ASSOCIATION. LAW ENFORCEMENT APPRECIATION FOUNDATION FUND IN PROPORTION TO SWORN OFFICERS OF METRO,ETC. , REFER TO MEMORIa COMMITTEE A REQUEST TO DESIGNATE A PORTION OF N.W. 20 STREET AS "AVENUE OF THE AMERI- CAS" . ORDERING RESOLUTION: KIPKLAND SANITARY SEWER IMPROVEMENT SR-5478-C DISCUSSION OF EXISTING SEWER PROJECTS ON FLAGLER STREET AND DAMAGE CAUSED TO BUSINESSES BY RECENT HEAVY RAINS. AUTHORIZE PROFESSIONAL SERVICES CONTRACT: COST REVIEW AND AUDITS -CONVENTION AND CONFERENCE CENTER R�DIMNCE O� KEsou ri ors No, I PAGE K DISCUSSION DISCUSSION M-81-842 M-81-843 DISCUSSION M-81-844 M-81-845 DISCUSSION DISCUSSION M-81-846 F 81-847 R-81-848 DISCUSSION M-81-849 M-$1-850 R-81-851 DISCUSSION R-81-852 1-7 7-13 13-15 15-28 28-32 32-34 34-36 36 36-40 40-42 43-46 46-47 47 48-49 I 49-54 54-55 55-56 56-57 57-58 n f o� •� SCT (REGULAR) OCTOBER 7. 1981 20 BRIEF DISCUSSION AND DEFERRAL: DISBURSEMENT FOR ®� CITY WIDE EVENTS COMMUNITY FESTIVALS 21 VOLUNTARY DEFERRED COZ,9?ENSATION PLAN-TEMEORARILY DEFERRED. 22 AUTHORIZE AGREEMENT:ALLAPATTAH DEVELOPMENT AUTHORITS INC. $50,000 FOR PERIOD JULY 1, 1981 TO JUNE 30, 1982. 23 DISCUSSION ITEM: CRISIS RESPONSE TEAM. 24 POLICY OF THE CITY COMMISSION: TRASH COLLECTION TO RETURN TO A SCHEDULE OF EVERY FIVE DAYS. 15 PLAT AND STREET COMMITTEE -APPOINTING JOANNE HOLZHAUSER TO MEET WITH PLANNING DEPARTMENT TO DISCUSS TRANSITIONAL USES ETC. 26 AUTHORIZE TRANSFER OF FUNDS TO D.D.A. AS AN ADVANCE PAYMENT OF AD VALOREM TAX PROCEEDS. 27 APPROVE AWARD OF BID FOR POLICE UNIFORMS WITH CONDITIONS. 28 ACCEPT COMPLETED WORK: GIB SON PARK SPORTSFIEI.D LIGHTING. 29 ACCEPT COMPLETED WORK: AFRICAN SQUARE RECREATION �j BUILDING -REROOFING. —� 30 i� ACCPET COMPLETED WORK: EDISON LITTLE RIVER COMMERCIAL CENTER COMMUNITY DEVELOPMENT R BEAUTIFICATION II. 31 WAIVE FEE FOR CHARITABLE EVENT HELD AT COCONUT 32 '""7EF DISCUSSION AND DEFERRAL: COMPENSATION FOR EAS MNT: 315 N.E. 2ND AVENUE. 33 AUTHORIZE AGREEMENT: VOLUNTARY DEFE,�&7-D COMPENSATION } PLA14 FOR EMPLOYEES OF THE CITY EMPLOYEES. 34 DISCUSSION AND AUDIO VISUAL PRESENTATION:BAYFRONT ? PARK "A PEDESTRIAN CELEBRATION". 35 BRIEF DISCUSSION:COMMUNITY EASED RESIDENTIAL FACILITIES. 36 GRANT PERMISSION FOR GREAT COCONUT GROVE BIKE RACE AND PROVIDE SUFFICIENT POLICE PERSONNEL FOR SECURITY. 37 CLOSE FULLER STREET OCTOBER 24 and 25 FOR , t 5TH ANNUAL BANYAN FESTIVAL i 38 REQUEST FOR GRANT BY (HACAD) TO PROVIDE SOCIAL, SERVICES TO INDIGENT HAITIAN REFUGEES. PAGE # 2 QRD I NANCE Ofj K SOLUTION Pao, F PAS DISCUSSION 58-6) DISCUSSION 61-63 R-81-852.1 63-64 DISCUSSION 64-66 M-81-853 67-69 M-81-854 R-81-855 R-81-856 R-81-857 R-81-858 R-81-859 M-81-860 DISCUSSION R-81-861 DISCUSSION DISCUSSION M-81-862 M-81-863 M-81-864 DISCUSSION 69-72 72 d 4} 73-76 77 77-78 Eff 78 79 80-83 83-85 - 85-87 87-88 88-90 90 r= 91-95 -litm Qj 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 57.1 57.2 57.3 �IMV C1IT'WI'I'IISTIUV lA&T, IRIDA PAGE k 3 (REGULAR) ' CT OCTOBER 7, 1981 FIRST AND SECOND READING ORDINANCE: INCREASE. APPROPRIATION TO JAMES L. KNIGHT INTERNATIONAL CENTER AND PARKING GARAGE. FIRST AND SECOND READING ORDINANCE: "RECREATION FOR THE MENTALLY RETARDED-6TH YEAR). SUBMIT GRANT APPLICATION: VIRGINIA KEY DEVELOPMENT PROJECT ACCEPT GRANT AWARD: RECREATION PROGRAMS FOR MENTALLY RETARDED SUBMIT GRANT APPLICATION: LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT ASSISTANCE FUND PROGRAM AUTHORIZE CONTINUED EMPLOYMENT OF ARNOLD AND PORTER AS SPECIAL COUNSEL REGARDING CABLE TELEVISION MATTERS ACCEPT GRANT: "KWANZA FESTIVAL-5TH YEAR" ENTER INTO CONTRACT: INSTALL RISK MANAGEMENT INFORMATION SYSTEM APPROVE QUALIFIED CONSULTING FIRM: POLICE PERFORMANCE PROJECT. AUTHORIZE AGREEMENT: SET CORPORATION TO PROVIDE VOCATIONAL TRAINING TO YOUTH CLAIM SETTLEMENT: CLARIBEL MATTEO ACCEPT BID: HOSE TOWER FOR FIRE STATION #12 ACCEPT BID: 500 PLASTIC TOTE BARRELS. APPOINTMENT TO CODE ENFORCEMENT BOARD APPOINTMENT OF INDIVIDUALS TO CITY OF MIAMI ADVISORY COUNCIL ON TRADE AND COMMERCE DEVELOPMENT APPOINTMENT OF PERSONS TO MIAIMI MEMORIAL COMMITTEE APPROVE CONCEPT OF MONUMENT IN HONOR OF CUBAN MARTYRS WHO LOST THEIR LIVES IN THE QUEST OF FREEDOM FORMALIZING RESOLUTION: FUNDING OF ASPIRA CONSENT AGENDA CLAIM SETTLEMENT: UNITED SERVICES AUTOMOBILE ASSOCIATION ACCEPT BID: FORBES PLUMBING AND HEATING,INC. REPAIR TWO POOL FILTERS ACCEPT BID: BOTANICAL GARDEN CENTER, CORAL REEF NURSERIES, R.E. WHIGHAM NURSERY-12,000 PLANTS AND TREES p�INANCE O� R soLuTI&N No. I PAC- 0, ORD. 9330 95-96 ORD. 9331 96-97 R-81-865 97-98 R-81-866 98 R-81-867 99 R-81-868 99-100 R-81-869 100 R-81-870 101 R-81-871 102 R-81-872 102 R-81-873 103 R-81-874 104 R-81-875 105 M-81-876 105 R-81-877 106 R-81-878 106 M-81-879 107 R-81-880 108 109 R-81-881 109 R-81-882 109 R-81-883 1 109 57.4 57.5 -i i 57.6 57.7 57.8 s 57.9 57.10 57.11 57.12 57.13 57.14 r r —i 58 59 —i i 60 61 i 62 63 - 64 -i .IN7( CI4ICONt�ISS1f&UfA f•FiI, &IDA aura D 4 (REGULAR) SMCT OCTOBER 7, 1981 ACCEPT BID: FLORIDA LEVEL AND TRANSIT CO.INC. SURVEY EQUIPMENT ACCEPT BID—AD&MS CONSTRUCTION EQUIPIMENT COMPANY H.F. MASON EQUIPMENT COItMANY, SHELLEY TRACTOR AND EQUIPMENT COMPANY —ASPHALT PAVING EQUIPMENT ACCEPT BID: SOUTH FLORIDA POLICE PRODUCTS,INC. UNIFORMS (CONTRACT FOR ONE YEAR) ACCEPT BID: JULES BROS. UNIFORMS, INC.-UNIFORMS (CONTRACT FOR ONE YEAR). ACCEPT BID: CHEVRON, USA, INC.; GULF OIL CO., U.S.; RANCO OIL DO.,INC. AND ROSS OIL CORPORATION. ACCEPT BID: MIRI CONSTRUCTION INC.—BUENA VISTA COMMUNITY DEVELOPMENT PAVING PROJECT -PHASE VI B-4469. ACCEPT BID: F.R.E. CONSTRUCTION CORPORATION ALLAPATTAH COMMUNITY DEVELOPMENT PAVING PROJECT -PHASE IV - B-4468 BID "B" (SANITARY SEWER) ACCEPTING BID: P.N.M. CORPORATION ALLAPATTAH COMMUNITY DEVELOPMENT PAVING PROJECT PHASE IV-B- 4468-BID A"A (HIGHWAY) ACCEPT BID -MARTIN CHANEY EQUIPMENN RENTALS,INC. AUBURN SANITARY SEWER IMPROVEMENT SR-5475-C ACCEPT COMPLETED WORK: TRI-COUNTY FENCE COMPANY, INC. ORANGE BOWL -SECURITY FENCE ACCEPT BID-D.M.P. CORPORATION -CITY WIDE-1981- SANITARY SEWER EXTENSIONS IMPROVEMENT-SR-5476. ORDERING RESOLUTION:ALLAPATTAH HIGHWAY IMPROVEMENT H-4474. VACATE, DISCONTINUE AND ABANDON TWO SANITARY SEWER EASEMENTS. ORDERING RESOLUTION: MANOR HIGHWAY IMPROVEMENT PHASE II. AUTHORIZE INCREASE IN SCOPE OF CONTRACT: CULMER COMMUNITY DIVELOPMENT PAVING PROJECT PHASE IV AUTHORIZE INCREASE III SCOPE OF CONTRACT: SOUTHERN DRAINAGE PROJECT E-51. AUTHORIZE INCREASE IN SCOPE OF CONTRACT: WEST TRAILVIEW HIGHWAY IMPROVEMENT H-4447. AUTHORIZE INCREASE IN SCOPE OF CONTRACT: DEMOLITION OF S.C.L. RAILROAD STATION. QRDI NANCE KESOLUTION NO PAGE IND, n R-81-884 110 R-81--885 110 R-81-856 110 R-81-886 110 R-81-887 110 R-81-888 111 t R-81-889 111 R-€11-890 111 R-61-891 111 R-81-892 111 R-81-893 112 R-81-894 113 -- R-81-895 113 R-81-896 114 e R-81-897 114-115 R-81-898 115 ac R-81-899 116 R-81-900 116 -i ®1 1TEM ND. 65 66 67 68 69 70 71 (REGULAR) I CT OCTOBER 7, 1981 AUTHORIZE INCREASE IN SCOPE OF CONTRACT: LATIN QUARTER PAVING PROJECT -PHASE I ACCEPT SIX RIGH OF WAY DEEDS OF DEDICATION FOR WIDENING OF N.W. 7 COURT, N.W. 52 AND 54 STREETS MANOR HIGHT::AY IMPROVEMENT PHASE I-H-4465. ACCEPT 51 WARRANTY DEEDS. APPOINT COM1MISSIONER J.L. PLUMTFR AS CITY OFFICIAI, REPRESENTATIVE FLORIDA LEAGUE 01 CITIES ANNUAL CONVENTION OCTOBER 22-24, 1981. FORMALIZING RESOLUTION;APPOINT CERTAIN INDIVIDUALS TO MIAMI AUDIT ADVISORY COMMITTEE. FORMALIZING RESOLUTION: PARTIALLY DEFRAY COSTS OF "9TH ANNUAL JOSEPH CALEB MEMORIAL GOLF TOURNAMENT". PERSONAL APPEARANCE: JOHN MC. BRIDE -INVITATION TO ATTEND FUNCTION. PAGE # 5 NANCE O6 SOIL TIDN h3, PA7 NO, R-81-901 R-81-902 R-81-903 R-81-904 R-81-905 R-81-906 DISCUSSION 117 117-11 118 119 119 120 120-12: MINUTES OF REGULAR MEETINTG OF TiC CITY COMMISSION OF MIAMI, FLORIDA On the 7th day of October, 1981, the City Commision of Miami, Florida, Mt at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 9:25 A.M. by Mayor Ferre with the fol- lowing members of the Commission found to be present. Commissioner Joe Ca.rollo Commissioner J. L. Plummer, Jr. vice -Mayor (Rev.) Theodore R. gibson Mayor Maurice A. Ferre ABSENT: Commissioner Armando Lacasa.° kr � ALSO PRESENT: Howard V. Gary, City Manager George F. Knox, City Attorney Ralph G. Ongie, City Clerk Matty Hirai, Assistant City Clerk An invocation was delivered by Reverend Gibson who then led those present in a pledge of allegience to the flag. On motion duly made and seconded by the City Commission, the Minutes for the special meeting of September 7, 1981 were approved. Mr. Plummer: Mr. Mayor, before we go into the first item, I hope that it would be reiterated to the people present that which is our pledge of today and un%ler- stood by all that regardless at 5:00 P.M. where we are on the agenda, that con- cludes the day because of the start of Yom Kipur and the High Holy Days tomorrow so that at 5 o'clock that is amen, period, that's itl 1. POLICE DEPARTMEE T PERSONNEL UTILIZATION - REPORT BY BOOZ-ALLEY Mayor Ferre: We are now on Item No. A, which is the discussion of the Booz Allen & Hamilton, Inc. report on police personnel utilization. Mr. Gary: Mr. Mayor, at this time I would like for Mr. Homer of Booz Allen to discuss the report and answer any questions you may have in regard to it. Porter Homer: My name is Porter Hcmer with the firm of Booz Allen & Hamilton. Our assignment under this engagement was to evaluate the present utilization practices of personnel in the Miami Police Department and to make recommendations for improved personnel utilization if we found that such opportunities existed. First, let me say that trds City, this Mayor and Commission, this City Manager, this Police Chief, this Police Department faces what I have to regard as one of the toughest and most intractable crime situations in the country, and that no matter what you do, it is probably not going to be as much as you would like to be able to do. With respect to the present utilization of personnel practices in the department, we basically find that they are satisfactory, considering the serious demands th_at are placed upon, that department and +.ne resources that are available to it, and in particularly considering the absolute necessity for maximi- zing field assignments or operational assignments by any and all available police personnel. In approaching this study, we looked at the department's ass nment policy; we looked at the general practice of two person cars versus one p_.-son cars; we looked at the spread of personnel amongst various functional assignments; we looked at the policies and practices of shift assignments; we looked at the poten- tial versus the actual extent of civilianization to release sworn officers for field duty and after we have done that, and after we have considered the con- straints and the practical realities of today's world in Miami, we come to the conclusion that your present utilization practices in the department are satis- factory and about as well as can be expected tinder the present emergency kinds of situations. Certainly on a case by case basis, we did find a silence within the -411 OCT 71981 [ i8 department that were being handled by sworn officers that could by handled by competent civilians, but the civilians were not available at the present time: the functions were absolutely essential and had to be performed, so therefore there had to be an assignment of sworn officers to those duties. We asked the question, is your policy of expansion correct. Do you need more law enforcement personnel. In starting to look at this, we looked at the traditional measures o such questions. We looked at the number of officers per 1,060 of population; we looked at similar sized cities; we looked at estimates of the daily service population and we looked at the latest census estimates on refugee population in Miami. for us we find such analyses inconclusive and at best, only guidelines. We are more persuaded by compelling data based upon local experience which indi- cates what your problems are and what your needs are. Let me put on the screen this first plate. NOTE: Commissioner Lacasa enters at 900 A.M. First, if you will look at the cost of service in the last three years and com- pare those to the number of sworn officers available as of September 30th of each of those years, you will see that the cost of the service has increased much more than the available sworn officers, and in point of fact, the percentage of service cost to the department that have had to be delayed in terms of service have increased from 10.6% in 1977 to over 31 % in 19 80 Look at your Part One crimes again in comparison to the numbers of sworn officers available as of September 30th, and again you see the increase as outpaced the growth of avail- able sworn officers. At the same time, as one might expect the current rate has declined from 20% in 175 to 14.2% in 1980. Now, it is little comfort to you here in Miami, but you have a lot of good company in both similar declines of clearance rates across the country. But this does not in any way indicate that you should accept this or you should not continue the battle against it. Your Part One crime to sworn officers has increased from 50.5% in 1975 to 76. That latter figure is more than double the national average. Based on our own observation and random interviews, we estimate that at the present time, an average of 75% of available patrol time is spent responding to active calls which lead to insuff,-ient time for preventative patrols and for a presence in the community which can help to protect the citizens of this community. Based upon our observations and random questioning of personnel in the department, we estimate that your average time for patrolmen in the field in the patrol force, 75% of that is now spent in servicing service calls and this means that there is insufficient time spent on -what we would call preventative patrols creating a presence in the community to protect the citizens of this community. Now all of these, Mr. Mayor.....all of these Mr. Mayor and Commissioners are indice-. that indicate a need for additional police protection. These are indices that indicate a need for additional police protection. These are indices of trends in your community that are beyond your control that you and the Police Department are left only with the alternative to respond to. You have not created this situa- tion, forces beyond your control and outside of this community have created this situation and you will have to respond to it. There are many other examples in our report of work overload that have resulted from these trends and from the policies that have been adopted to respond to this. There are particularly alarming increases in workload in several of the specialized units of the criminal investigation units in robbery, in homicide, in burglary, and in auto theft. we then proceeded to look at how your expansion is progressing and the method in which it is being implemented by the Police Department. At the begin- ning of this year, thanks to the action of this Mayor and Commission, additional funds were created for additional police officers. Basically the goal was to acquire 100 additional sworn officers and to be able to civilianize 26 additional positions. In addition, there was the goal to maximize field presence of the department in order to deter crime and to protect the citizens of the community Both goals have been largely accomplished in this past year, but a price has been paid. You have had to use large amounts of money to pay overtime, enough to be equivalent tc 50 additional officers, which this had to take its toll, wear and tear on the well being of your officer personnel. Secondly, in order to 100 additional sworn officers and to replace another 63 sworn officers lost to attrition, you had to devote 21 experienced and sworn officers to do background checks and to screen applicants for new officers and in order to meet that demand it was necessary to screen over 900 applica:ts in order to meet these needs and supply sufficient personnel for the training academy. There have been other ad- verse effects, and these are the kinds of adverse effects that one would expect if you stop to think about what happens in an atmosphere of rapid growth. one Of the unpacts has been that the patrol force has become increasingly inexper- ienced. 1,oday it is roughly at the level of 50% with less than one year of field experience, There is no one to blame for this, it is simply a fact and one that must be considered in evaluating a future course of action. There has been a lack of adequate field supervision due to your need to assign people to patrol work 02 and to expand the --rol_ force. There is an insuft! ient number of qualified field training OfflCers to work with the new officers as they comae out of the training nc-,,I". y. .�t i_s has been necessary to suspend, for the time being, at least ongoi,,a training on an in -se n*ice basis in order to develop new middle managemen': anti fiiinre top management within the department. There has had to be a suspension Or the departmental inspection program which, in my opinion, is one of the mo-t im:;,ortant arms of any police administrator carrying out his duty. And there ha• e hacl to have been a reduction in experienced officers with spec- ialized assignments such as in the criminal investigation area. Now these im- pacts are a result of rapid growth and of an.understandable and probably nec- cessary emphasis on field assignments in the' immediate instance. But the adverse effect of that policy must be taken into consideration in making your future policy judgements. We conclude that the implementation of expansion in your department needs to be re-examined. We feel that a further policy of all out expansion without regards to these kinds of impacts can have further deter- iorating effects upon the quality of your police department and police protection it can offer this community in the future. We feel you will suffer further in- creases in the degree of inexperience in the departments; we feel that you will suffer a degradation of professionalism in the departments because of a lack of training and we feel that you will have a further imbalance of services, such as the inspection service, such as training which are absolutely essential to the long run success of this department. In the process of re-examination, we would suggest consideration by all concerned of the following recommendations: We would recommend a continued expansion of your sworn officer personnel with an emphasis on accelerated civilianization of positions and functions presently being performed by sworn officers in order to release those kinds of sworn officers for field duty or operational duty. In this way, you can start to correct the imbalance of experienced and inexperienced personnel in the field more rapidly than in any other manner. We also would suggest that there be a expansion of the sworn officer corps at a more managable pace than has taken place in the past. We are suggesting an expansion on the basis of new hires of roughly 75, 76 officers with the expectation of another 50, for a total of 125 can be released during this year from civilianization. We suggest that you complement this expansion with the creation of a centralized tactical and strategical planning unit. Now, the Police Department itself has recognized the value of this kind of an operation. Mayor Ferre: I don't know what that means. What is this tactical and strate- gical planning, it sounds like SAC or something, or CIA or FBI. Commissioner Plummer: AVACs over Flagler. Mayor Ferre: I know what tactical and strategic means, I don't know what a centralized tactical and strategic planning unit for the Miami Police Depart= ment means. Mr. Homer: Basically this would he a unit that, given the right kind of ability to analyse data would be able to plan for the more effective use of your force in the field and in the investigative division. There would be crime analysis i work that would make it possible for you to plan around the current events of the community. i -� Mayor Ferre: I don't want to talk to you now, but I have a question on that when you finish. Mr. Plummer: The one question you didn't ..... the point you made about 75 new ! officers - is that over attrition? i Mr. Homer: Yes sir. �i Mr. Plummer: Because attrition is more than 75. i Mr. Homer: Probably so. Where it has been, we would hope that this would slow down. Mr. Plummer: You are kidding yourself. Mayor Ferre: Well let's not get into that now. Mr. Homer: Along with the centralized planning unit, we recommend an upgraded computer capacity in the department to create information and analytical ability that is not now available. We also would recommend the establishment of a 03 OCT 719-81 departmental inspection program as a very important arm of the police admin- istrators to check on the performance and to see that duties are being carried out as expected. We would also recommend improved personnel practices in traininq to slow down the losses in personnel through attrition and to continue to develop the core -paths walk throughs in the department we recommene new organization of the department to reflect the new objectives and goals that are being developed there by the department and that are being suggested here in this report. Finally, we would suggest that you investigate the benefit of consolidation and sharing of resources in three areas. One in prisoner- process- ing, twq in the new criminal justice assessment center which should be able to assist you in acqui.r.ng your personnel needs in the future, and three, in the automated fingerprint system that you have and which, if made available on an equitable basis to other jurisdictions can help them, and can help you also, because it could give you an access to a larger field of fingerprints than you have at the present time and would recognize the fact that the crime situation here is not by any means restricted to merely Miami, it, is a greater metropoli- tan arcs problem and is one of the very few departments in this country that has this capacity, which means that such sharing, provided that it is done on an equitable basis can only be beneficial to the City of Miami. We believe that you should consider following these recommendations through the suggested policies that I am about to set up on the screen in approaching this problem. We believe that you should, as a policy making body, establish a policy for an expanded police force supported by a career civ4.l.ian force. We believe that, just such a policy would recognize that there are limited numbers of people in this community and in this country that can meet the high standards that you expect of your police officers and that you want to be able to concentrate their abilities on the field, rather than in the office. To do that, they have to be backed up by a competent career civilian force and the administrators have to know that this is a lorg term policy of this Commission. Such a policy we belies;,,. will improve and stabilize your police protection as rapidly as possi- ble. we suggest the following goals for development in terms of personnel, sworn and civilian through 1984. I have to say to you that given the time frame of our studies, that these are not hard numbers, that they probably need some further analysis, but they are indicative of the general thrust that we believe you should take to solve your problems. We have included in our report a suggested resolution that would carry out the program which we believe can be accomplished within your present appropriations. We believe that this program, if followed, will have the impact on the community providing a more ex- perienced field force in the quickest possible fashion. The recommendations re- garding training and personnel practices involved we would hope that it would re- duce your attrition rate through managable proportions and lastly, we believe that it would restore the balance of services in the department in the interest of the long run protection of this community. In our opinion, this department needs a chance to draw our breath and to rethink its position and programs at this point in time. Thank you Mr. Mayor, and members of the Commission. Mr. Plummer: Mr. Homer, there is only one problem, while they are drawing that breath they are going to get annihilate ,and that's not a joke. It is the truth Mayor Ferre: Alright, Mi . Homer, would you put the other things that you had up on recommendation again, cause I didn't bring the book down. Alright now, what I wanted to know is...I think that the police department....because I talked to Lt. Anderson and others and Bob, don't we have a strategic planning, tactical, strategic planning unit that plans, listens to statistics, gets criminal infor, mation, reports back..you know I am getting information all the time on it, so I don't know, what it is that Porter Homer is talking about that you don't have now. Chief Harms: I believe that he is suggesting that we expand the capability Of that particular unit and focus it more on the day to day operational needs of the department. Mr. Plummer: On his report it says creation of. Mayor Ferre: Yes. Don't we have, I mean, who is Anderson, is it Perry Anderson? Chief Harms: That is Lt, Tom Payne, he is charge of the planning and inspection and it is an individual by the name of Anderson within that unit, but what he is talking, I believe, with regard to that particular recommendation, he is talk- ing about creating the mechanism that will support ICAP, Integrated Criminal Application Program, which requires a more direct focus on operational needs. 04 i 7 t Mayor Ferre: Alrfht. Okay, now my second question is when you are talking about upgrading the computer capacity, are you talking about the computer we presently have? Mr. Homer: "9r. F9a.yc>r, ticat has _o be an open question, because there are same preklems urith the present operations, but which ever way you end up going on ghat, it will be necessary in our opinion to upgrade the capacity of this departiniont, to upgrade the capacity... —� Mayor Ferre: Don't give me a long ar..:;wer. Really what I want is a very simple anaylsis of whether or not you are talking about new equipment, the same ecruip- ment, or quicker output of information, or are you talking about P_Xpanded informs _ mation., that is all I want to know. i 1 Mr. Homer: We need this information to carry out the planning job we were talking about, i Ma, ,or Ferre: with regards to the inspection program, now is that internal - inspection. Mr. Homer: No, this is not internal inspection, this is the Administration's own inspection program of its own operation. This is not one that handles complaints about police matters, but one that follows up on the operation of the department and see that they carry out orders. Mayor Ferre: Are you telling me that this is going back to Mel Reese system where he had somebody attached to his office that kept an eye on the police department. Mr. Homer: No. No sir, this is within the the police department. Mayor Ferre: Now what is the difference between that and is it SIU, or internal security..or what is the dZifference? Mr. Homer: The internal inspection program would involve taking a look at processes to make sure that they are as efficient as we can make them, and the inspection team would theoretically take a look at how we manage these particular units and then try to develop efficiency methodology for improvement. Mayor Ferre: Porter, let -me take you up..I've now lived through Chief Headly, Chief Garmeyer, Chief Watkins and you. Now, with one exception I've seen so far, but usually we end up in either going to much to the guy who wants to just go back to all police work with the cops out on the beat or the other side is the guy who wants to end up like Garmeyer, doing everything in bookwork. Now, Porter we retained your firm to look at ways in which we could get police officers out on the street. Now you are coming back with something that says we are going to need more inspection programs, you want a unit and you want a larger computer. Aren't we going kind of the opposite direction of what we, of this Commission, I think in its entirety had pretty much expressed itself that we wanted now to go back a little bit and just get more officers back on the street. And your instructions were basically to " tell us how to do it. What you are coming back with is you are telling us in Item No. 2, when you say we organized the department and drew personnel in training and reestablished inspections, larger or better computers and creation of a tactical and strategical unit, I see that as office work rather than more police work. 'i Mr. Homer: Mr. Mayor, we are recommending that you continue expanding your police and to get more personnel into the field. We are also suggesting that in order to effectively use that expanded personnel you need this additional li planning and oversight capacity. Mayor Ferre: Okay, my last question is in regards to the consolidation, just off the top of my head, I have no problem in consolidating prisoner processing. The problems .is the county is very tight �n space. As I under- stand it, in the prisoner detention, are we going to taking all of the prisoners _ down to the County Justice building and is there enough space to do that? Or are you talking about just paperwork? Mr. Homer: In this study we have not had time to get into the details of this, but we do suggest that this is something you should look at in terms of a drain on manpower that could otherwise be used in field work. Mayor Ferre: okay, in principal I think it is great, whenever we arrest some- body we take them down to the county and dump them and let them worry about it. so I got no problem with that. 05 OCT 71081 n Mr. Homer: That is a recommendation in principle only, sir. Mr. Plungner: The problem is, the county is not in any way, shape or form, prepared to handle this on a basis of what we would call our standards. The county, as you say, is so overloaded, that they could not, for example, take good prints that �,,,ould be used in our Rockwell machine, and the only way were able to keep those standards was to keep our own prisoner process- ing. Another thing for example, and by the way, I want to do away with the prisoner processing, ghat is 11 policemen I get into the street, T have been on that for 5 years. They wouldn't video for it. They didn't 'rave the capacity to video the prisoners as they were coming in, which is a. very im- portant tool for the Police Department. Now if we can force the county to do these things to the -tandards that we need, which is above their standards, then I think -it is a great thing. Mayor Ferre: The criminal assessment adjustment center and automated finger- printing system, again I think these are things that we ought to look into. I'll tell you lastly, Mr. Manager, I think what Booz Allen has done is fine, and I think you need to look at it and you need to come back to this Commission with specific recommendations, because part of this is fine and part of it is you know, pie in the sky sort of thing, and we need to get down to the happy middle ground and I don't think since Plummer has told us already and I think rightly so that 5 o'clock is cutoff time and it is already 10 o'clock, and we have a 10:30 agenda and between now and then we got 5 items or 6, all of which are important, including Cable TV, I think we ought to move along. Mr. Lacasa: Well I just want to add something here Mr. Mayor and it is this. Two observations and one is a question of your recommended personnel goals. And I don't say that they are not realistic, but I don't think that at the time when we committed with the community that we will raise the police force up to 1000 we could be establishing our goals for just 890 sworn police officers by 1982. I think that our goal, although it might not be realistic in view of the shortcomings of getting personnel, etc., it should be set at 1,000. That is what we have allocated the money for and that is our commitment. The second question is this: while you were finishing your study, again with the recommendation that we go and listen to your study on the possibility of using the fire department sub -stations to have police officers and thus bring the precinct concept to the neighborhoods. I wonder if you feel that your firm could, in a supplementary study, approach this recommendation and give us some thoughts about this. Mr. Homer: We would be glad to discuss that matter with the City Manager, Mr. Plummer: Mr. Mayor could do us a favor and (tape problems, much inaudible) Mr. Plummer: It does not get to what I consider the meat of the subject, example, we are talking about human resources here. It is not even mentioned in this report. Let me give you a fine example of o•-;e of the problems that is existing. Not only is it a problem, but a hell of a morale problem. We don't even have a register presently existing for promotions. Now we spend million s of dollars for human Resources department, yet the last registers I think ran out the 25th of last month. We don't even have a coffee can which they usually use. Now, I want to tell you something. You can talk about all these glorious figures on this screen, and all of the projections that you want to dc), but it takes people. Mr. Manager, I want to tell you something. As you know I have fought for years for civilianization, and I wish they would change the word cause I can't pronounce it, I want from Human Resources within 30 days a guarantee that if this Commission agrees with greater civilian personnel in the Police Department, that they are going to produce them, not in 6 months, or their usual 1 ; we want an immediate implementation. Now that means that they are going to have to eliminate some of that aarbaae in acid garbage out and all of these reams of paper that they produce telling us about percentages and they are going to have to do some work and work is people, producing of people that are qual:.fied to do the job, And if you don't tie that in with this report, then go ahead and throw this report in the trash can cause you are wasting your time. Mayor Ferre: Is there further discussion on this item. If not we will move, it is 10:05. Mr. Plummer: Mr. Mayor, let me just bring up one point if I may very quickly. Mr. Mayor, we once again this week saw the tragedy on the streets of. Miami in which a policeman was shot. I guess it has to really -come down to the total disregard for authority. I want to tell you I went to the scene: of that shoot- ing and I don't know of a luckier man that ever existed than that policeman. 06 OCT 7 i921 The three shots that went through the windshield of that car, if this is the back of the front seat, the headrest is here, of which you normally would have your head in position and the three shots could have not been any clearer right through his head, and we see that this was done by a sixteen year old juvenile. and unfortunately we know what is going to pro- bably happen to a juvenile, the same thing that we read about this morning of a man that- ki.l.led a policeman that can be out on the street in eight years from today. 11r, Knox, I want you ..... where is Mr. Knox? I want to know if it is humanly possible that this Commission has within its power to enact or to force that. any policeman that is shot, a death penalty is imposed. it is the iaw for the President of the United States and he represents authority. The policeman on these streets represent authority. I would like to know what I as a Commissioner and collectively we the Commission can do if they so see fit. If somebody shoots a policeman, I'm not talking about if God forbid, he gets killed, but if they shoot a police- man, that there is enacted a law that says the death penalty is imposed. I leave that with you to do what you can,and I don't know what we can do other than scream loud and long. I want to tell you that if there is any way humanly possible, its not the policeman, it is the defiance of authority. Mayor Ferre: Chief, I don't mean to belabor this, this is a 30 second state- ment to you. I would like to question, and I would like you to come back with a policy review to this Commission. Alright, it is my opinion that if officer Broome had been wearing a vest,he would be alive today. All the officer that I have talked to said that to me. Now. the other day I was walking 8th Street, on Saturday as a matter of fact, and I ran into two policeman, and I asked them whether they had something one, and sure enough the one guy opened it up and he said this is a ... Iforget the name of it..it is another kind where you have a thing that you slip in=you can slip it out and slip it in, depend- ing on whether or not, you know, you are in a restaurant or some place where you want to be more comfortable you can take the plate out. It is a plastic type of a thing. Alright now, here's the question. I realize it is almost inhuman to ask somebody to wear that kind of a vest between the months of July, August and September, but I would like to ask you this. Starting on October 1st, through the end of May, whether or not it would be wise for the City of Miami Police Department to have as a regulation, no ifs or buts, that anybody that is on active duty in the street versus active duty in the police departme:-it has to wear a vest. No% in the months of JuiE., July, August and September, those 4 hot months in Miami, I would make it optional, even with a strong stress that they should wear it anyway, under certain conditions, but I don't think we can reallyforce the men to be that uncomfortable during the hot months. But during the cool months, that t.s October through May, I hope that we could do something like that. I realize that the Commission has no authority to impose policy on the Police Department, but I would like to have that looked into. The second thing is, whether or not an officer on duty patroling in a car should be wearing a helmet. Now I know that again is an inconvenience, but I think as Plummer just basically said that the shots were to the head and if somebody shoots an officer in a car, the only way they can get him is if they shoot him in the head. Now, I know that wearing a helmet is an inconvenience and it is an inconvenience to people riding motorcycles, again I ask the question as to whether or not or not - Plummer., you may not remember, I was in the Legislature then, you were not involved in government in those days, and I want you to know that that was one of the most heatedly debated issues, believe it or not that ever came to the Florida Legislature and that was a hotly contested thing, we damn near lost it, as to whether or not people should wear helmets riding motorcycles, so again, I don't want to take any more time, could you come back... Chief Harms:Yes sir,I'3.1 report back on both of those issues,probably the next meeting. Mr. Plummer: The reason I'm laughing is, you speak to motorcycles',' you got run over on a bicycle and you didn't have a helmet on. 2. HIRING AND PROMOTIONAL P.tACTICES IN THE POLICE DEPARTMENT. Mayor Ferre: We are now on Item B, discussion on minority hiring, and pro- motional practices in the police deparment. Mr. Lacasa? Mr. Lacasa: The reason I placed this item on the agenda is because it has been called to my attention the fact tO there has been some questions raised by people i.n.the force, basically members of minority groups that in certain instances promotional opportunities have escaped them, ever; though their place in the register has been such that by promoting another person in that very same register, they have been bypassed in the order that the register shows that they were placed. This addresses basically to promotions in the ranks of lieutenants and captairc in the Police Departments. And the instances to which I refer involve bio.'7ically 3 members of the force of Latin extraction. Could you please elaborate as to your policy concerning promo- tions. The latest promotions that have taken place, how many Latins, how many Blacks, ho•- many women and what has been general the approach of the Department, Chief Harms: Yes sir I will, and the register that I will speak to initially are the ones that expired on the 12th of last month, the 22nd of last month and the 25th of last month, referring in sequence to the sargeant, lieutenant and captains' registers. Those registers were valid for a one year period of time and I w?_11 speak to those registers and if you need to go beyond that, we will have to specify register by year and let me take just a moment and turn to some of these notes that I have. As a general statement, promotions within the Police Department from the past 3 promotional registers, not just the group that was in effect last year, but the ones prior to that average a total minority t representation of 41.18% and during the life of these registers from October, 1977 to dace, Miami Police Department has promoted 19 Blacks, men and women, 21 Latin, men and women and 9 Anglo females. Now more specifically, and I think the register that seemed to cause the concern that you are referring back to me at this point primarily stems from the lieutenant's register, the one that just expired. Now within the life of that register, there were 12 promotions, Of those 12, 7 of them were Anglo males, 4 of them were Latin males and there was one Anglo female, for a total of 12. Mr. Lacasa: No Blacks in there? Chief Harms: No sir, as a matter of fact, on this particular register, there were no Blacks available for promotion, There was 1 that resigned several months before the end of the register, but in the register the year before, there were 2 Blacks that were promoted. That was the register just prior to the 801s, that I will refer to as the '179. It was a 77 and a 79 in an 80 register, so in effect, in the last two lieutenant's registers, there has been a total minority promotion of 2 Black males, 4 Latin males and 1 female and the balance have been Anglo males. Mr. Lacasa: Okay now, let us go to the lieutenant., Chief Harms: Let me,.let me, if I may give you the sequence to those promotions, Position, and I am going in terms of register positions, there number on the register. Position No. 1, 2, 3, 4, 5, 6 and 8 were Anglo male and they were promoted in that sequence. Position No. 7 was not promoted for cause, Posi- tion No. 15... Mr. Lacasa: On that position No. 7,what was that, Anglo, Latin? Chief Harms: Anglo male. Mr. Lacasa: Anglo? Chief Harms: That is correct. Position No, 15, a Latin male was promoted, Position No. 16. a Latin male was promoted, Position No. 26, a Latin male was promoted. Position No. 35, a Latin male was promoted, Position No. 45, an Anglo female was promoted. Now between position No, 35 and 45, there were 2 Latin males, one in position No. 39 and one in position No, 44. They were not promoted in order that the Anglo female was promoted. Mr. Lacasa: Of the total number of liemtenants in the Police Force, what is the percentages of Latins, Blacks, Anglos, females? Chief Harms: The percentage I can't give you, but their numbers I can. 2 Black males, 1 Anglo female, Latin males, either 6 or 7, I am not sure of the precise number and I will have to get back to you on that, but it is either 6 or 7 as I recall. And the total number is 46, nq correction that is 41. Now we increased the allocation on this last register, but I believe it is 41. Let me get back with a definite ,figure on that. Mr. Lacasa: So actually, we have 41 lieutenants, out of which 9 are minorities. 08 OCT 7 !�� `/ 0 Chief Harms: Treat is correct. Now these are approximate. I think they are accurate. Mr. Lacasa: According to your figures in the last round of promotions, out of 12 promotions, 7 were majority and 5 were minorities. At this rate, how can we come to live up to the provisions of the Consent Decree because if w:? have such a tremendous difference in the realities at this point in the ranks. in order to approach the goals set by the Consent Decree, there is no question that numerically we would have to do much bet- ter proportionally wise. Chief Harms: 1�.ell, in fact we do better each year. Now the provisions of the Consent Decree establish a percentage that represents a total minority representation within the department. As an example, 3 years ago, the pro- motional requirement for minorities was 33 percent. Last year it was 43% and this year it has moved to 53%. Now what has happened during that time period is that the department has become more balanced in terms of repre- sentation from the community's perspective. Now the year that we are refer- ring.to, the compliance year commences October 1 and runs through the fol- lowing ..... I'm sorry, July 1 and runs through the end of the following June. Now what that means is, last year, up until the end of June, this past... the current year, we had a 43% promotional requirement. That has now moved to 53% and I aim confident that by the err of June of this coning year, that we will meet those goals, we have met those goals each year in the past, and the only caviat yet to that is with the understanding that Human Resouces is able to generate a promotional exam in a timely way to permit us to get about the business of making those promitions. Mr. Plummer: They won't even have any examination by June. Chief Harms: It is my impression they will, but I think they are going to have to move very rapidly to accomplish that. Mr. Lacasa: Okay, let now leave the lieutenant list and go on to the captain's list. What is the number, how many captains do we have on the force? Chief Harms: 14. Mr. Lacasa: And what is the ethnic.... Chief Harms. Angle male. Mr. Lacasa: The 14 of them. So there is not a single captain that is a member of any minority. Chief Harms: No, sir, at the staff level through appointment, there are one- third of the staff is minority, but at the captain's level, that is correct, there are no minorities. Mr. Lacasa: There are no minorities at the captain's level. What do you in- tend to do about that. For instance, I understand that there has been one particular instance of a member of the Latin minority, a lieutenant, I under- stand that has been bypassed 3 times in a row. Chief Harms: He has not been passed 3 times in a row, but he has appeared on the register 3 times in a row. In fa--t, I believe him to be at this time, as he was on the previous 2 registers, not sufficiently qualified to accept greater responsibility and that is primarily related to his previous behavior while a member of the Department. There are 2 extensive investigations that involve him, once several years ago that resultea in his being reduced from the major's position within the Department to his civil service position of lieutenant. The decision was made by a former chief based on that investiga- tion. Based on a reinvestigation of the same circumstances, I came to the s conclusion as a result of that investigation that the facts were substantially accurate. Since that point in time, additional disciplinary action has been directed to him, and at this very moment there is an 80-hour suspension that has been recoiwmended for his conduct. So again, In consider him, during the period of those registers to have been not promotable. Mr. Lacas_a: So actually, in that particular instance, what this man should know, whoever it is, is that his chances of being promoted based on this evaluation that you have given us, are practically nil. So, it would be good for him to understand that, because I don't believe that any person should be living out on the hope that he could make progress in particular.. /,-I 1 n Mayor Ferre: I am sure that he understands that very well. Mr. Lacasa: I wean that it is good that we bring this out, so if he has any remedies, he can use those remedies and that Will be up to hits. Chief Harms: Yes sir, he has remedies in two directions, and certainly one of those deals with the Circuit Court review of his situation. Mayor Ferre: I am sure he not going to pursue that. Mr.. Lacasa: That is up to him. Chief Harms: Yes. Now with regard to the current captain's register that just expired, there was in fact, one opening during the life Of that register; the nunber one individual on the register was promoted into that position. I..and to get back to your question, if I may interject this for a moment, I intend fully to make sure that all levels of the Department are representa- tive of the mix within the Department and the mix within the community. Now what is occurring of course is that resource pool continues to grow as the minorities within the Department become more successful. The more sergeants we create, the more opportunity for lieutenant's positions open up to mi- norities and so on up the ladder. It is not a process that you are successful with overnight, you continue to build on the success of the past year. Mr. Lacasa:Chief, one thing is evident, t am going to be very canaid with you. On one hand we have a situation where the morality of the Department, which is so sensitive, especially in this particular —Department due to the functions of. the Department is essential to the good functioning of the Depart- ment. Issues such as this raises questions in that particular area. Going back to those numbers that we have been dealing with. Obviously, out of 14 captains we don't have a single member of a minority, and obviously out of 41 lieutenants we only have...what was that number..at this point we have 14, and in the last register we were only able to raise the percentage less substantially in order to achieve the goals set by the Consent Decree. The end reRult is that we will keep dragging and there will be any way that in the forthcoming future we will reach that level as set by the Consent Decree. On the other hand we have, to my surprise, and we don't have the register at this particular point prepared by Department of Human Resources, so Mr. Gary, I think it is essential that within the next 30 days, the Department of Human Resources have taken the necessary steps to insure that we do have that regis- ter. I for one would like that the Commission would have a list..to have a copy of both registers. I would like for you Chief to get some kind of a plan to assure that the minorities not only Latins, but Blacks and females, all _ o` the minorities are adequately prepared ':o compete in that resister and to have the possibilities of getting the grades that will insure them a place in the register that in turn will insure the promotion. So Mr. Gary, I hope that I can have copies of the new register in my office. Quite frankly, it should not be more than 60 davR before we have themk for one simDle reason. we hope that you will be able to'increasetie Yoiice Department rorce in the forthcoming future and that will create the vacancies that in turn will be tue subject of this particular... Chief Harms: Okay, if I may make one particular point, what Human Resources normally does is announce the date of the promotional exam and issue a list- ing of material which will be utilized for one portion of it, the job know- ledge. Now if it is compressed too much in time, then the officers don't have an opportunity to study the material, so they need to consider the needs of the officers to be able to review the material that deals with the job knowledge portion of the test. Mr. Lacasa: One final thing, I would appreciate it very much if you can give me a memorandum with information concerning the procedures that you follow and the reasoning behind the last rounds of promotions. Chief Harms: Yes sir I will. Mr. Lacasa: Especially those affecting the Latins that were ineligible accord- ing to the register and that for whatever the reasons they dodn't make it. Chief Harms: That involves the two positions that I mentioned, No. 39 and 44, and they were passed up quite frankly to an Anglo female and she represents the first female lieutenant within the Department's history. Mr. Lacasa: That I understand; but of course, in that particular list, there were also 7 Anglos that were promoted, and of course I have absolutely no prob- lem with that. My problem is that what can ynu do to insure that the Latins, — the Blacks, the females will have a chance to get to that goal set y the Consent Decree gat obviously you are now forcir out of 41, and in the last round of promotions, you only get 5 out of 12, which is even less than 50%. At that ratio there will never be a chance that they will get to those goals. Chief Harms: Bur. we have in fact, been a;aking those goals on an annual basis and we continue to build on t,iat success and that is an overall view of it, but: t,7e will provide the information in the report for you. Mayor Ferre: Alright Chief, now it is my turn. I'll. make it real quick and simple. 1 am, I talked to you about two specific cases. Chief Harms: Yes sir. Mayor Ferre: Walter Martinez and Bob Apt. Now let me tell you what my concern is, it: is a little different. Let me explain to you, let me start with Bob Apt. The problem that concerns me with Apt is, that here is a young officer who is come and taken the exam on 3 different occasions, 2 of which I understand he has passed, and 1 of which he was 9th. Chief Harms: Well, one of the exams he failed and 2 he passed, and yes that is correct: Mayor Ferre: That is what I meant to say. He passed 2 and did not make 1. Now, my concern is, here is a young man who is getting to the point where he is getting discouraged because he has been for 4 or 5 years trying to move up the ladder and every time he gets bypassed, the way he sees it, and I did not talk to him, I talked to his father who mentioned this to me, and he can't make it because for one reason or another he gets bypassed. Now, once because he failed but twice he passed and did not make it. Now, in the case of Martinez, you skipped over him to go to an Anglo female. Chief Harms: Yes sir. Mayor Ferre: Y understand on that, because we have no Anglo female, or any female lieutenants..we have one don't we? Chief Harms: She is the only one, she is the oniy one at a command level within the epartment, that is based on her pending promotion. Mayor Ferre: I understand, we want to get women to higher executive positions and that is fine, and i am all for that. But now the problem is, you skipped over another minority to do that. You could have skipped over an Anglo. Now on that point you get back to the Bob Apt situation,so you can't have your cake and eat it too, and that's what I want to talk to you about. What I want to talk to you about is the middle road, which thank God, is the great American tradition of solving problems, and that is to get on the middle road. Now let me tell you what I think the middle road is.I talked to you about this last time, and I am still waiting for your report. Chief Harms: Eased on my discussions with President Rodak. Yes sir, we are still working on that. Mayor Ferre: Wally I see is here, and let me, and I don't want to get into a big debate about this at this point, but I just want to express to you my concerns. I think that on the one hand you have got the concerns of minorities wanting to move- up the ladde,. and I think that is just because we need proper representation too in the upper echelons of the minority groups, including woman. On the other hard, you've got the problems if people like Bob Apt, who are white Anglo males who are getting frustrated because after they take an exam 3 times still can't make it. so that, I think, requires some con- sideration. On the other hand, and the third point is, it is management's perogative and the question is, what rights does the Chief have in bypassing somebody who, as you just, stated and I won't mention his na_rtte with regards to the lieutenant who was bypassed for captain, because there are very specific reasons or clouds that are still over the inoiviaual, and management has the perogative to decide whether or riot that person is entitled or should have a higher capacity to move up. Chief Harms: You truly outlined the crux: or the prciDiem. Mayor Ferre: Those are the three problems, okay? w)w what is the middle ground. 'Il,e middle ground, in my opinion ought to be, that a white male can be bypassed, but there has got to be G limitation. I think when '® you bypass the-m once, twice, I don't know about the third time, but maybe ®��• 3 times. But beyond that, the guy keeps on taking the exam and makes the registery, you shouldn't be continually jumping over him. Let me put it another way. you appointed 7 Anglo lieutenants. Okay? Maybe one of those 7 Anglo lieutenants took this test for the first time. Now in my opinion, and I am sorry, I think somebody who has taken it 3 times, and who has passed it twice ought to be given some consideration because of his con- = sisteriGy, otherwise, I'll tell you what you are gonna do. You are going to start losing good people like Bob Apt. They are going to go somewhere else. S,) I think that the middle ground is, okay, white Angle male, you can be bypassed once, twice, the third time I think we gotta have some strong rea- �j sons, and you can't be bypassed 4 times, because otherwise you are killing the incentive of that man to rise among the ranks, especially if you are ` promoting guys who passed the first time out when you got guys who are taking the exams 3 times and don't get promoted. Now that's one thing. Second thing is this. I think that in regards to minorities, I do not think that you should skip a Black over a Black or a Latin over a Latin, or a woman over a woman unless you have very, very, very, verb good reason, be- f cause that lends itself to all kinds of accusations and what is even worse is for you to jump a Latin over a Black, or a Black over a Latin, because creates even worse problems, so I think that in your jumping over people in the register, that there should be some limitations. Okay? What I am say- ing is, and this is what I recommended before, if you have, you the Chief have the authority to jump over one person on the list, suppose you got 5 Latins, okay, you can jump, eliminate one and you can go to 2. Alright. Now, for you to go from 2 to 3, I think you ought to get the manager's approval. For you to go from 3 to 4, I don't know whether you want to get the union involved in the process, but I don't think that you can tell me that we've got 3 bad apples in a row with 3 people who are unworthy of being pro- moted that are Black or Latins for you to get involved in the skipping..... in other words, I just don't think it is right for you to go from 1 to No. 7 or 8 because you happen to think that No. 8, Black Officer has all _ kinds of attributes that the other 7 does not have. I think there ought to be a limitation as to how many you can jump over. Chief Harms: Unless of course you are dealing with the issue of minority promotions, because if that applied to the minority promotions, then I would not, in fact been able to promote any minorities off the past lieutenant's register. Mayor Ferre: I am giving you the other side of it, I told you about Marvin Apt and how I think if he has taken the exam 3 times I think you ought to give that special consideration. I'm telling you about skipping over 1 Black over another Black or 1 Latin over another Latin, and I am saying - that that should have certain limitations too. Now, what you all negotiate I assume that this negotiation is going on in good faith, Wally, and I would hope that you will come back with something worked out that doesn't solve everybody's problems, but solves enough, but gets on the middle road suf- ficiently to satisfy the union, to satisfy the minorities and to satisfy the white Anglo male, because otherwise we are going to end up with the department where all the white Anglo males have no choice but to leave. Mr. Rodak: I'm Walter Rodak President, F.O.P. The Chief and I have had extensive negotiations as far as promotional registers. We were able to elim- inate 18 criteria and do something which we thought was fair and equitable at this time. We are not through, the negotiations are still continuing, however, i our conern was that we were bypassing one individual. for another individual. We have eliminated that at this time through our negotiations. On the lieutenant's register, as chief Harms indicated, 1 through b were. promoted, 7 was bypassed, given a reason; and e was promoted. Basically, this is what we are looking for that people would not be bypassed for other people. Now on the sergant's promotion list, there were 21 people promoted, 4 Anglo males were bypassed; 2 of these people have come to we for assistance and we will use another form before: the Civil Service Board that they have been given a rea- son. That is what we were looking for at the time, that if a man was bypassed, that the chief would articulate a reason and` then we will" have other recourse,. Now unfortunately, what is happening now with this quota system, there is no longer one person that dies No. 1 on the register as in the past. Now you have an Anglo male'that dies No. 1 and an Anglo female — that dies No. 1., a Black male, a Black female, a Latin male, a Latin female. So 6 people are going to be discouraged because they have died No. 1 on the list. Now we have to live with affirmative action, but in all fairness to Chief Harms, this time I will defend him however, he made a commitment —_ organization and he is to ful.fin that commitment as far as we are concerned up to this point in time, and we are going to continue With our negotiations and we will look at the things with you today. 12 Mayor Ferre: .Alright. Good luck to you, and Chief, you know, again I con- sider myself a champion of affirmative action and upward mobility of minority and woman, and T think the :.,tcor.d is clear on that. However, I think we have to understand that all these things require certain balance, and I would hope, I would hope, time and time again T said this, that affirmative action is not used as a management tool, because that was never the intention of it. Affir- mative action is affirmative action. Your union negotiations and the ability of management to do things is a completely separate thing, and I would hone that we wouldn't use one to promote the other. Mr. Plummer: It may interest you to know, that in particular Bob Apt, had there not been the minority Consent Decree, he would have made lieutenant. Mayor Ferre: And lie probably would be a captain by now. Alright sir, but that is part of the problems that we have now in our society —that we have this type of things, cause the other side of it J. L., is if t_iat had hap- pened, you probably instead of having 7 or 9 minority lieutenants, you probably would have 1 minority lieutenant. You know? There is two sides to every issue. Mr. Plummer: Mr. Manager,all the :pillions of dollars that we are spending on Human Resources, when are they going to establish... Mr. Gary: I'll get that information to you within a week. Mr. Plummer: Well I hope the information will tell me dates and times. Mr. Gary. Yes sir. 3. LITTLE HAVANA COMMUNITY CENTER MASTER PLAN - APPROVE CONCEPT. Mayor Ferre: Alright. We are now on Item C which is a discussion of Little Havana Community Center master plan. Mr. Gary: Mr. Mayor. Mayor Ferre: Yes sir? Mr. Gary: You authorized us to employ the firm of Sasaki Inc. tn develop a master plan for Little Havana activity center area. At this tir;e I would like Mrs. Spillman and members of their firm to give you there :findings. _ Ms. Spillman: Mayor and member of the Commission, as you recall in 1974 we purchased the Little Havana Community Center and since that time we have built a new office building on the site which houses social service agencies; we've almost completed an elderly housing project; we have torn down building "B" which was between the elderly housing project and the theatre facility. In May you approved the firm of Sasaki & Associates to do a master plan for building'A;' which is the old church and the site of building B which we pro- pose to be an open area available to people who want to sit outside. Sasaki has reviewed the situation in light of several things, one is that building 'Akbe used for office space and a cultural facility, which is what the inten- tion was when the building was purchased. There are several code violc:.ions which have to be taken care of. Mayor Ferre: What would you like from this Commission _:t tYis time on this particular issue? Ms. Spillman: Alright, twu things. I'd like Sasaki to show you what they have done. First thing is we would like you to approve the plan for the site of building B, so we car, proceed with that and... Mayor Ferre: Where is the money coming from for this portion. Ms. Spillman:Alr:ght, for building15�site we have funds available which were programed in "he community development program. Mayor Ferre: Building"B"site, which means the park, that platform in the round? Yes. I realize that. I am asking a specific question. Do we have the money appropriated for building"'B"site. Okay. Is that part of our performing... I'm sorry, is that part of our capital budget? W Ms. Spillman:yes, it is part of our community development program. Mayor Ferre: Alright. Now, I have one problem with that, and I have one question. It dies us little good to beautify where there is now an open Al empty lot, if the building itself, building A is unusable in many events. Now you know right now that it doesn't as you said, meet the fire code. I don't know, how much that is going to cost, a couple hundred thousand dollars? _ Ms.Spillman: The proposal that we have asked for, this is a very tentative estimate okay, for building"""and this would be a complete renovation, in- cluding meeting the code requirements and bringing it to a decent theatre, about a million and one --half dollars. Mayor Ferre: well, I am going to tell you just for myself, I am not voting for the renovation of the the',B site until I know that we are on the way in making "A" usAb7,e. Ms.Spillman: Okay, let me explain what our proposal is. We are going to ask you today to allow Sasaki to continue to finalize the plans on"A'the proposal at the moment, because of the problems with federal funding, is that we -save the construction on building'Avand use a couple hundred thousand dollars a year out of the Little Havana allocation from community development, or three hundred, whatever. Again, we take care of the code violations first, and then move to improve the building. Mayor Ferre: In building'M Okay. Mr. Plummer: But not a dime is to be spent on�B�until ��A"is completed. Ms. Spillman:Well, can I please make a plea for that? We have a new building that is going to be completed very shortly, with a lot of elderly people in it. The site right now is a mess. We have funds available. And one thing Commissioners, we think ... about $50,000.00 and it may be a source of income. We are gonna put up kiosks and allow people to come..... (.inaudible) Ms. Spillman: no, no, no. We think we can get some income out of this. Mayor Ferre: Okay, lets proceed cause we some important other issues. Ms. -Spillman: Alright, Peter Thomas from Sasaki will very briefly give you the plan for building"Al. Peter Thomas: I will do it as quickly as I can. I am Peter Thomas, I am from Sasaki Associates, who is here is the project architect on this. We studied the renovation of this facility, both parcel B, which is the builo.,.ng. Ir has been demolished and this brief report, if you have some tirne to read through it, I think it will explain the general premise. What we have con- cluded is that to make this Mayor Ferre: Do we have copies of the police report? Where is it please? Mr. Plummer: It is under that ton of other papers they hit you with this morning. Mr. Thomas: We .... our recommendation is to phase the renovation of this facility. Currently, what it is a church, but it has undergone little renovation, but functions as a corn:nunity center. Our recommendation is to move the proscenium arch which is a major physical recommendation to make the performing space smaller, more manageable and easier to comply with building codes, create a backstage theatre and then renovate the general office space. We feel this can be done for the buildinc continues to function as each phase of the work is done and that is the way ve have broken this up - we don't know exactly it can be funded so we broke it into stages. Mr. Ferre: Is there anything else - any questions. (inaudible background) Mr. Ferre: We are very well aware of that. In the with the function of building'lA/'at 30 capacity, and there are about a dozen functions that are not nearly as many as we should have. The Fire Department is all upset all of the time. The offices don't function well. I go there at least once per week and I know all abuut it. Now, is there anything else you need to.. 14 OCT 7 1981 Mr. Plummer: on renovation, you are going to renovate basically what is there, you are not changing the concept. (inaudible background) Mr.Flummer: To what? +ghat are you going to do with the excess room? Mayor Ferre: z think we, end up with a lot more usable space and better. In other word8, !'a rather have a 500 that meets the fire code than 1200 that doesn't. It doesn't meet the fire code, and we can't put more than 500 in there any -lay. And for us to meet the fire code and put 120G, it would cost $2,000,000.00 and you would have to take the whole back portion out and do a 1pt of structural work and all that. Listen, heh, I went to archi- tectural school for a little while anyway. Anything else? Any other ques- t''ons? Alright then, is there a moticn that this design be approved and let the adminstration be authorized to proceed? The following motion was introduced by Commissioner Lacas-., who moved its adcption MOTION NO. 81-842 A MOTION APPROVING IN PRINCIPLE THE CONCEPT FOR THE LITTLE HAVANA COMMUNITY CENTER MASTER PLAN AS PRESENTED TO THE CITY COMMISSION ON THIS DATE. Upon being seconded by Commissioner Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Commissioner Joe Carollo Vice Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None 4. CABLE T.V. - ESTABLISH DATES OF OCTOBER 13 & 19 FOR FIRST AND SECOND READING OF THE ORDINANCE. Mayor Ferre: We are now on the T.V. Cable television system. Mr. Manager, where do we stand. Mr. Gary: Mr. Mayor, we have members of both firms in the audience and they have concluded an arrangement whereby both firms will be awarded the license jointly and they are here to respond to their joint arrangement and agreement. Mayor Ferre: Will the representatives of the two finns please stand up and go to the microphone and identify yourselves - tell us who you are. Mr. Hermanowski: Conmissioners, my name is Charles hennanowski. I reside at 17301 Old Cutler Road, Miami. We reached a joint venture agreement to build the cable system in the City of Miami. Basically, we will each put up half the money. Ainer.icable will be in charge cf the construction and the full operation of the system , since we are local and we are serving the Greater Miami area, for which we will be paid a fee and in essence it is a 50-50 deal. Mayor Ferre: alie structure of it i.s that we would. ...what is the legal pro- ceedings so that we don't end up in lawsuits. Would you explain that, Senator? Senator hen Myers: N.x. Mayor and meirLbers of the Commission, we discussed this, I discussed this at length this rnorr;ing for an hr and one-half or.so with the City Manager, City Attorney, the consultant Mr. , and Arnold 6 Porter's counsel here, and we all agree that the best procedure legally would, to accomplish the end result you want, would be to grant one license to the two applicants, jointly and severally and then in a second step procedure approve the joint venture so that you have in effect, granted the one license to two of the originally existing applicants and there is nothing in your original Enabling legislation that has already passed that prohibits that and after that�� � done, then in effect you have _�Fcond (i 7 V 1 i .. Li '0-NN level procedure.where. you approve the jpint venture. You vhviously coulA :,prove a transfer of interest at the identical time that you approve the license anyway, so in effect What you are doing is approv- ing the holdiz;g of interest by way of a transfer or otherwise, whichever way you want to look at it to the two entities jointly. They were part of the original applicant; you are granting to two applicants who are identical to two of the five that originally filed applications. Miami Telecommunications, Inc.�,•and Ainericable of Greater Miami, Ltd, which was one of the original entities as well. You have no problems there under the ordinance and I believe Mr. Gary will confirm that procedure. Mayor Ferre: Mr. Gary, does that meet with your approval and recommenda- tion? Mr. Gary: Yes sir. Mayor Ferre: Would the attorneys, Mr. Knox, through you, Porter (are they here) who is the attorney for Arnold & Porter, would you please stand up and identify yourseJ`.. Mr. Knox: Yes sir, this is Mr. Paul Reisman of the law firm of Arnold and Porter, who will further describe the procedure. Mayor Ferre: And the question is, does this procedure meet with your ap- proval as City Attorney on this specific matter. Mr. Reisman: Yes sir, we had reviewed the joint venture just this morn- ing Mr. Mayor, and I think the procedure in principle, we feel would be fine and would be acceptable procedure for the city. We have not had an opportunity to make a detailed view of the ordinance, obviously, in light of the joint venture. But the principle of having both of the present applicants jointly and severally liable on the ordinance as was considered last time seems to be the preferable way to go. Mayor Ferre: Alright. Any questions? Mr. Carollo: Yes, Mr. Mayor. Mr. Manager, when did you receive a copy of this contract? Mr. Gary: We got a copy of that contract this morning. Mr. Carollo: This morning? Well, I received a copy of this contract practi- cally an hour ago. I have not been able to read it it and I would like to add that even a good attorney, it would take at least two weeks to thoroughly go over a contract of this nature and I'm going to invoke the five day rule. Mr. Ferre: The man is entitled to do that. This Commission has very clear and specific rules. The five day rule been invoked before and I am sorry, the man is entitled. You know where I stand on this. Mr. Carollo: For these people who walked away with this, they were given 30 days, which was ample time for them to come back to us and present this con- tract 5 days ago. Mr. Ferre: Alright, now Joe, on the other hand, so that we don't have any problems here, you are entitled to do what you are doing, arid there is no problem with that. I, as Mayor am entitled to call a Special Commission Meeting in five days for this purpose, and therefore I am hereby doing that, Alright, on the baEis of..I am therefore calling for a Commission, meeting to be held on the 29t1, day of October fo: the singular and expressed purpose of approving this ordinance. Did I say the 29th? Oh I'm sorry, I mean five days from now woula be the 1?th.k'1i)' is it blue? That's a holiday. It would be the 13th of october, then. Mr. Myers: Mi—, Mayor, may I respectfully make a suggestion with re- gard to this difficu:t procedure and I think you will satisfy Mr. Carollo's five-day ruling as well if he wishes to invoke it. There is a two-part pro- cedure here. One is, if you choose to do so, you could, without the five day rule approve the granting of the license to the two entities jointly. ® The question of approval as to the joint venture is a totally separate and distinct issue that could be brought up five days later. 16 OCT 71981 Mayor Ferre: That's up to Commissioner Carollo, if he wishes to invoke a five day rule.. Mr. Myers Approval of the license to one or two or three entities is not..is..has already been noted and here before you, and that decision is to be gotten out. of the way. Mayor Ferre: Well, 'f have no objection to that, if he doesn't have any j objection to it, because I think what you are saying is technically right. i I think what we can vote on is in r.,e,ieral, because, since it was specified ..� under Item D, that this was goino t,, be a discussion of licensing the rights ' and privileges, to erect, const:_uc'_ and so on, that portion of it we could vote upon and since it was pro-,)erly advertised, I don't think there would _! be any problem on that, but it regards to what is important, which is the 1 adoption of an ordinance based o;i a contract which was just submitted to the members of the Comridission, Commissioner Carollo is entitled to the five days; he has got that right. Mr. Myers : I think the two issues are still being confused. You could adopt the ordinance today based on thy. granting to two entities. The question of approval of the joint venture contract could be decided when ever you want to determine it, five days from now or. whatever. Mayor Ferre: The Chair is not going to .superimpose that strong a will on the issue that is obviously of grave importance to all members of this Com- mission and I think all members of this Commission are entitled, as they have always been, as long as I have been chairing here, to call a five day.. and even though specifically and legally you may be right, in the general sense if Commissioner Carollo wants to call for the five day ruling, he is entitled to do that, because.... Mr. Carollo; Mr. Mayor, I made my position clear, we just received this an hour ago. There is no way that I can comprehend it; there is no way that any good attorney can comprehend this in just a couple of hours. Mayor Ferre: So therefore what he is saying is that the main issue that you say is separated is impaired, because it is involved with that document indirectly because how can he vote on one if he doesn't understand two, and I think he is entitled -to that, so at this time, ladies and gentlemen...... Father Gibson; Mr. Mayor, I want to make an expression. Mayor Ferre; Yes sir. Father Gibson: I think those of us who sit up here saw television yesterday. All of us, did all of us watch television yesterday? You could answer all.. I'm talking about my fellow Commissioners. I'm one of you, so you could answer me. All of you who saw television yesterday... did you, Mr. Carollo? Mr. Carollo: I certainly did, Mr. Gibson. Father Gibson: Alright. pkay. Fine. If you did, I wanted to make sure you heard that prayer I gave this morning. I don't have much longer to be pray- ing for you in person, that is, in your presence. I will in absence, that is wherever I am, but I just hope that you and I take the business of L-his com- munity seriously. It hurts my very soul. Now, if we are going to come back in five days, I hope we are coming back in five days to do business. Now, we agreed, we agreed last time we met that what we would do is to tell these people the joint venture, you could settle that. You don't plan to change that? Now, the contents of the joint venture can come in five days. Now I just fine it hard that to get out of my bed, a sick man, and come up here, and you know, run these games, man. Now, I am riot angry with anybody. I just want to see the best interests of this corraiunity protected. Most of you when you get tiicd, you go back home. I don't have no home to go to but here. Now, I find ithard...all of us knew that on this day we were going to vote. Now you could vote the joint venture, you could leave out the particulars, I understand if you leave out the particulars. I'm like the Mayor. The Mayor he said he went through architectual school for a little while. I went to law school for a day and I tell..there is only one other lawyer on this Commission. There he is. There is the legal department. 17 l ,. ! El Let's find out from the legal department. I just find it doggone hard. Il d just like to express that,•because I think it is germane, it is very _ -� important. if you can't get in the front door, you know you want to get in the back door, and you can't cat your cake and have it to. Mayor Ferre: Alright ... I think.... —°I Mr. Carollo: Mr, Mayor, may I make, I have a statement. Yes, Commissioner �I Gibson I watched television yesterday. It was a very, very sad day for all humanity yesterday. I also heard your prayer this morning, but let me say —�' this, Commissioner Gibson. Just like I believe there is a heaven, I also believe there is a. hell, and while the human body might last 60, 70, 80 years, maybe a few more, the human soul lasts for an eternity. Mr. Plummer: bait a minute, I just think that after Rev. Gibson that we �a have found a new preacher. Mr. Gibson: I just want to ask a question, Mr. Mayor. If a matter...and I need some direction. If a matter before this Commission has already been addressed, if you said approximately 30 days ago that you are coming back —� here for the purpose of agreeing upon a joint venture, I want to ask the question - isn't this properly before us? Mayor Ferre: Alright, Mr. City Attorney? The issue, and I need your help on this, cause this is a legal matter. As I..now stop me Father if I am saying anything that isn't accurate in the question that you have asked. The issue before us is that we properly advertised and we were going to dis- cuss today and conclude the question of a granting of a license. Now. There are two things here. One is the actual discussion and conclusion of that — particular issue which was addressed specifically in the agenda. The second question is whether or not, because of the importance of the document that was granted to us this morning, given to us for the first time. The first decision can be properly made on whether or not commissioner Carollo's re- quest, that because of the changes in the document itself, that we properly cannot vote on the first issue as well as on the second issue until he has had the opportunity to read it. Now, myinterpretation is that because it is sufficiently imrvrtant and the magnitude of it, and because the document is totally germane, that we really cannot....I think that he is entitled to a five day delay. Now, I wish to say that I certainly am not going to be changing my position. I am ready to vote for this document today, or in five days, but I think there is a question of procedure, and since as you have so often told us, Father on the English system, which is part of our heritage -_ here in America, that we are a country of procedures, that we have to fol- low that. Now please, if I am wrong, please correct me and I will stand corrected and we can vote on portion one and then call a special meeting for portion 2. Mr. Knox: Mr. Mayor, in response to your question and Father Gibson's ques- tion, there are two procedures. The first is for the City Commission to make a decision relative to the granting of a license to the joint entities. It is listed on the agenda as a discussion item. You have established a pro- _ cedure whereby if it is necessary to implement legislation following your discussion, that you have done so. I may point out to you that the specific - item, that is the reading and adoption of the ordinance does riot appear on the agenda. I can also tell you that it is a fact that the ordinance which _ was previously proposed to you and which you previously discussed is intact with the exception that the identity of the licensee would be different and in addition, there are certain minor changes that would have to be made within _ the body of the ordinance in order to reflect that we are talking about two entities, rather than one. you could determine that the five day rule would not be applicable to the ordinanceitself based upon the fact that the ordi- nance has been before. t1,e Comnission for a period of about thrtt, :rIc.nths and I can represent to you that. there are no significant changes excel:t i.n the identity of the parties. Tow in regard to the second part of the question, — it is necessary for the City Co.,unis ion to approve the joint venture arrange- ment, but as a purely tech:r,ical matter, once tl._ obligation laecomes fixed by the City Commission l,y the E�ohticn of the ordinance, that the structure of the joint venture wgree merit: priri-Larilly the business of the joint venturers, _ of course subject to the concurrence and agreement by the City Commission. But once you adopt the ordinance, if you choose to do so, their obligation becomes fixed and each of them becomes jointly and severally obligated to carry out the provisions of the ordinance. • OCT 7 1981 10 4 Mayor Ferre.; My cuestion is. one of investiture. Qnce we.vote...is that the. word, is that the legal word? Once.you vote on thi..s, i.sn't there then legal rights on the part of the licensee where they, if we don't perform five days .from now, could come back and say we certain rights of investiture and therefore by not voting, we preclude., and Father, I didn't even go to one day of law school, but I did serve in the legislature and I have dealt with a lot of legal matters, and I think t ::ave learned that there ir, something called investiture. Now when you vote on this issue today, these people ,.could have certain legal rights and therefore.... Mr. Plummer: They have no legal rights, Fir, Mayor, in my estimation until the second reading and the ordinance becomes effective. Mayor Ferre; Okay. Mr, Knox: I can point out that the ordinance was drafted in such a manner that it would require two readings, number one. And I would point out again the Commission's benefit, 'ghat this is, in fact a piece of legislation and that there are no rights wh4.::h are vested in the licensee virtually at any time because the City Commission always has the power and the prerogative to adopt legislation and to amend ordinances. Mayor Ferre: Alright, so now let me ask you this question, because if we come back and vote on an ordinance five days from now, I would like to do it on an emergency basis, because that would require.....,. Plummer, I want you to listen to this, cause it affects you. I would like to advertise this now as a, on an emergency basis so that we would have..that requires four -fifths vote. Now that obviously is an issue which addresses Father's concern. On the other hand, I want it clearly understood that that requires four -fifths vote. If we only get a three -fifths vote on that occasion, could we then call a meeting the next day? Mr. Knox: The charter provides that in order for ordinances to be adopted in the ordinary course, that there must be separate readings on two separate days and..... Mayor Ferre: In other words under the charter provision, we could vote on the 13th and then meet again, if we don't get a three -fifths or four -fifths vote on the 13th. Is that correct? Mr. Knox:Yes sir. Mayor Ferre: Alright then, so that we don't have any problem....,oh, I am sorry, your ruling then on this issue that Father has posed? Can we vote today as he requested? _ Mr. Knox: You could vote today if I would ask you to make a finding, however that the changes that have been made were not material changes and in order —� to guide you in that regard I can tell you that the only significant change would be in the identity of the licensee. Mr. Carollo: George, can I ask you a question? Mr. Knox: Yes sir. Mr. Carollo: How many times have you been wrong in the last year? Mr. Knox: I was last wrong, Commissioner Carollo, in 1956. Mr. Carollo: Are you sure George? Are you sure? It seems to me the City has lost a heck of a lot more than one lawsuit, a case in court, and it wasn't in 1956. Mr. Knox: The court was wrong, Conunissioner Carollo. Mr. Carollo: I'm glad you pointed that out, George. You see, that is what I am afraid..the court is going to he wrong again and again and again. Mr. Plummer: Wait til Knox goes back before another judge. Mayor Ferre: 1!c'., joef as you know, and you have heard this. statement before, but for the %e cord I'll. say it again. R have served on this Commission for 12 years a.nd in those 12 years not once have we over- ruled the City Attorney's ruli-ng on an issue, so as far as T am con- cerned, once he has nade that rul-ing to ci.ari_fy that position, we are in a posture to vot.:e on the main issi.ne without voting on the ordinance itself; for that you x,„_a_l have to have a Special Commission meeting five days from now on the ].3th and then a s^cond one on the .loth... Mr. Carollo: Let me ask you 'this, Maurice. what has been the policy of this Commission in the past when we vote for an ordinance on the second reading? Don't we just wait until the next regular Commission meeting? Why is there all_ of a sodden a big rush to qet this through? Why can't we wait until after the election, I mean after all we know one present member of this Commission ain't gonna be around here after November and two of you guys I understand ,are running. Am I correct? i Father Gibson: Let me make this observation, Mr. Mayor. I'm gonna do what the others can't do. I now want a vested right and for you to delay, you take away my vested right. Now, just remember that. And if you do it, jtechnically you are not being honest, fair and honorable to the people. Mayor Ferre: We aren't going to do a thing. Father Gibson: Well alright. Well look and, Ken, I don't want you to say nothing, because you know how I feel. So, don't you come up here. You are not on the Commission, I am, you are not. Mayor Ferre: Ladies and Gentlemen, the Chair will rule as follows at this point. The Chair will rule, in answer to Commissioner Carollo's question, there have been other occasions when the Mayor of the City of Miami has called for a Special Commission meeting for the ratification on second vote of a matter that did not pass on an emergency basis. It is clearly established historically as a proper procedure. The Chair therefore rules as follows: based on the statement made by our City Attorney, we will proceed with the general vote on the issue before us, which is tine granting of the license, we will secondly gather for the first reading in the morning of the 13th of October, and the second reading on the 14th of October. If you will look at your calendars and tell me what hours are most appropriate on those two days, this is a Commission meeting for one purpose and... ■ Mr. Carollo: I might as well let you know right now that neither on the 14th, the 15th or 16th can I be here. Secondly of all sir, you know, lets place the cards on the table. The main reason that there are individuals here that want to see this Commission get this out of the way -before Novem- ber, is once the November elections are over, neither T.C.Z. nor Americable are going to have three votes from this Commission. And that sir. is the God's given truth. Now I just can't see how we are going to make a decision that is going to affect this city in so many ways, we are going to be bonded for 15 years and we are going to make this decision within days of an election when members of this Commission and more than one are not going to be here after November. Mayor Ferre: Alright, now 1 would like to, and Joe, I don't want to get into a debate with you about this, but the answer to that is, that in established legislative procedures, it is the sitting legislative body, the congress that establishes the budget for example, at the time that the budget comes up. It is this legislative body of five members that hive been deliberating on this issue for well. over a year. Now it is this body that is knowledgable on the issues. It is this body that has already taken a legally proper position and it is this body who will legaily conclude that procedure. Now I understand your feelings and I respect your feelings. On the other hand, I think the majority of this Commission, who is legally entitled to bring this to a conclusion wishes to brt_ig it to a conclusion. Mr. Carollo: I can understand why, Mr. tayor, but at the same time, this is the route that the prese,. nriembers of this Cotranission so want to take, then why don't we really put the people's bast interest at heart so that no one would dare point an accusing finger. I'hen lets put it to a referendum. We could put to referendum in time for the November elections, can't we Mr. Orate? Well, we could put it for the runoff, can't we? 20 U V 1 �( 19 Mayor Ferre: Legally we cannot. We have to have more than 30 days, but that is not the point. I think the point is, we live :�n a republican form of a democracy, in which.. Mr. Plummer: Not me. Mayor Ferre: well, this is a republic, this is a democratic republic and in a democratic republic, the democratic process is adhered to by the election of individuals to make decisions. Now, contrary to what the distinguished editorialist who writes editorials for the Miami Herald said this morning, the Commission leqally has the authority to conclude this on a license basis. We have gone over this, Porter and Arnold have so given us legal opinion, our. own City Attorney has given us that legal opinion and every legal individual from Dan Paul to Ken Myers to Burton Landy to all of the lawyers who have looked at this have so concluded that we can proceed on a license basis. The Miami Herald, obviously, in the same way that they took out of context the Moody and the Standard & Poor report on the financial system of the City of Miami, reads one paragraph, taking com- plpt,ely out of context and typical of their subjective approach to the thing, instead of getting both sides of the issue, they only give one side, and what they did today was exactly that. They read from the charter that portion of something which is not the total picture. Now, I submit that our legal counsel, including Arnold & Porter, one of the most distinguished legal firms in the country have given us the 'Legal position, and it is that legal position that we are here maintaining, so all I can say is, and I think it is now time to proceed and the Chair will accept a motion. Senator Myers: Inquiry, Mr. Mayor. Do I understand it then, that the proce— dure is, that what you are proposing is, is that you adopt the license ordi- nance on first reading today and that second reading be in five days? Mayor Ferre: No sir, that is not the proceeding. Mr. Carollo has questioned.. Senator Myers: You don't adopt the joint venture, that you adopt the license ordinance Mayor Ferre: What is the document that.... 11r. Meyer: No, no that you don't adopt the joint venture, that you adopt the license ordinance. What the City Attorney said, as I understand it was that you can bifurcate the two issues, separate the issued. the joint venture thing from adopting the license ordinance on first reading today. Mayor Ferre: Alright, let me understand that, please. Let me understand that Senator, if I may. Is the ordinance in any way changed from what we had be- fore us when we received the package five days ago. Mr. Manager, or Mr. City Attorney? Is there any change of any kind? Mr. Knox: The change relates to the identity of the licensee, Mr. Mayor. Mr. Plummer: The answer is yes. Mayor Ferre: There has been a change. Based on that change, Carollo has requested that this matter be deferred for five days. Senator Myers: Mayor, that change was mandated 30 days agc; and there has been ample notice for 30 days that the mandate was that two entities be be explored. Mayor Ferre: Okay, I will accept that if the City Attorney concurs that that is the case. Senator Myers: )tou can amend the license ordinance today on first reading. Mayor Ferre: Mr. City Attorney, would you give us a legal reading as to w;:ether or not we can adopt this on first reading and then have a second reeading and take a look out the request by Commissioner Carollo th%% he has invoked a five day rule. Mr. Carollo: Mr. Mayor, if I recall clearly, not many months back when Mr. Knox had to leave us for a while, tax. Gerstein, Richard Gerstein, was his attorney representing him and came before this Commission. When i requested to discuss certain matters pertaining to that, the five day rule was invoked to me and I had to sit back and shut my mouth. Well, I see nowthat what 21 OCT applied then., does that apply now? Mr. Knox: It-. Mayor, I previously indicated that if the City Commission would choose to adopt this ordinance on first reading, I ask that there be a finding of this Commission beforehand that the change which has been made in ordinance that was previously before the Commission be determined not to have been a material change, and I would require some indication for the record that t.e Commission has not determined that that change is material. Mayor Ferre: Alright, we are going to take a five-minute break, and George, let me talk to you so I can understand this clearly. (Brief recess) Mayor Ferre: Alright, we are all here, please take your seats. Alright, we are ready to go. Now, before we took the five minute recess, and the reason I took the five minute recess, is because inadvertently, and I am sure with no intention on anybody's part, Armando Lacasa passed a ordinance out to the members of the Commission that he had asked Howard Gary ... wnere is he? Do we have the Manager here? We'll have to wait for `he Manager. Mr. Manager, this is important city business. You had 10 minutes to go to the bathroom 'like everyone else. Mr. Manager, Mr. Lacasa turned to you and asked you for a copy, you said Mr. Knox had it, Mr. Knox said Clark Merrill had it, Clark Merrill came up and gave Lacasa a whole packet of ordinances. Mr. Lacasa then passed it out amongst members of the Commission, and it turns out to be the wrong ordinance, and that's why we had to take that five-minute break, because of the confusion that came out of inadventently the wrong information being passed out. Now that is how problems are inadvertently and unnecessarily created. I don't mean to be critical of anybody, but Mr. Merrill was sitting here and listening to all this and he must have known that that's not what we were talking about. Now, why the wrong ordinance is passed out is beyond understanding. Now, at this stage of the game, since we do not have a proper ordinance before us the Chair again maintains its ruling, and the ruling is that we can vote on this matter with regard to principle to the issue. We cannot vote with regards to the ordinance because that is where there is a substantial change, which is not even be- fore us. It is not physically before us, it is no way we can change. Mr. Plummer: Alright, then what is the Chair ruling is the issue? ® Mayor Ferre: I am agreeing with Commissioner Carollo that he has the right to invoke the five day rule with regards to the ordinance. I am following the City Attorney's directive that we can vote in general, in principle with regards to recommended solution to avoid legal problems and on the li- censing procedure, instruct the ordinance to be drafted under those circum- stances, come back on the 13th or the 14th, or the 19th and the 20th, depend- ing on when the Commission is available, but it has to be done. Mr. Plummer: Mr. Mayor, I. — Mayor Ferre: Let me finish my statement. I don't know who wrote this letter. Yes, but you didn't sign your name to it. (inaudible) Mayor Ferre: Alright, fine. Alright. Now let me explain to you so that you can...and you can act accordingly, cause I kr,�w, I, I, and I will be at the Pace, or Pact or whatever her name is, APCO, or whatever the name of your group is, APACT, or whatever. IMPACT, okay. I will be at an impact screening and will stand up before you. I don't expect your sup- port or your votes. I want you to un-ierstand that I am going to vote on cable television now, during this legislative session of this legislative body, because this is the group that has been d:•liberat ina on it, I think we are coming to a very happy conclusion, we are getting the best of all worlds. I'm going, to vote for it:.I2ow, I you to knm.,, that as far as I am concerned, this is an orderly procedure that we have: to follow. The only thing thot is undetermined yet: is wliether or not we are going to meet on the 13th. Carollo says he will be. out cf town, he'll be back on the 19th, is that correct? Mr. Carollo: Yes, r'll be here or), the loth. Mayor Ferre: And the 20th. Alright. Is anybody not going to be here on the 19th and the 20th? Alright. Now, could we...see the problem is we IVE 22 _ r ` :A got a five day ruling, so that creates a problem of,.,the 13th.t the 14th, and the 15th.....when are you going to be back, Joe? Mr. Carollo: I should be back Sunday, the 18th. Mayor Ferre: Plummer., when are you leaving? Mr. Plummer: I am leaving possibly on the 17th and I will return on the 26th. Mayor Ferre: Well, we cannot put this off that long, so therefore, I hate to do this to one of you and I don't care which one of you is the one that is going to be missing... Mr. Plummer: Oh honor me, Mr. Mayor. Mayor Ferre: Alright, I've got no problem... Mr. Plummer: Look, let me say this... Mr. Carollo: Why can't we have it on the 26th or the 27th? Mayor Ferre: Because that is getting it too close to November 3rd, and I don't mind..I will put it on the record, I do not want this issue to be a campaign issue, I want to get this behind. Now the campaign issue is that I voted for it. Now you can campaign against me. But, I certainly am not going to be putting it that close to the edge. Mr. Carollo: Maurice, you know, what is the difference, 6 days before, 12 days before, you know? Mayor Ferre: I understand your position and I don't blame you, I'd be doing the same thing if I were you. But we've got to get on with this thing, now make up your mind as to which day... Mr. Plummer: Can I offer a solution, Mr. Mayor.. Father Gibson: Before you offer your solution, I want to make sure you take this in mind. I've sat up here in a real regular orderly called meeting. And I've seen some of us leave this regularly called meeting and still not do the business of the people. Now, I just wanted to make sure that when I came then, I was in pain and anguish. I am now, and I don't want you all to be playing around. I want you to be serious about the people's business. Mayor Ferre: Plummer? Mr. Carollo: What people's business, Father, that is what I ask? i Mayor Ferre: Plummer'? Lets.. Plummer, Plummer, you have a solution? Mr. Plummer: Mr. Mayor, may I give consideration to the possibility of one meeting on the 13th and I think Mr. Carollo can make that, and the second meeting on the 19th. Mayor Ferre: If we need a second meeting, Mr. Plummer,. Mr. Plummer: Alright, schedule for 13 and 19 and if necessary, I could fly back for the 19th as long e_s I could return the same day and Mr. Gary will pay for the plane fare. Mayor Ferre: Is that acceptable to you, Joe? Mr. Carollo: i.iat's fine. Mayor Ferre: That is the ruling of the Chair. Now, I am open now for the preliminary motion. Mr. City Attorney, would you read into the record the proposed wording of the motion so that we are all legal and fair and square? Mr. Knox. Yes sir. This would be a motion of the City Commission intent to meet on the 13th and 19th of October for purpose of deliberating and adopt- ing an ordinance that grants a non-exclusive license to Americable of Greater Miami and Miami Telecommunications Inc. for the privilege to use the streets and public ways within the municipal boundaries of the City of Miami to construct, operate and maintain a cable television system under certain terms and conditions. F.r� J 0['�' I 7 `981 111` The followi...j motion was introduced by Conpi .*..pnez i aca$a, wbg 00yed *ts adoptiQn: MOTION NO. 81-843 A MOTTON ESTABLISHING THE DATES OF OCTOBER 13, 1981 AT 9:00 W CLOCK A,M.,AND OCTOBER 19, 1981 at 2:0 P.M. AS THE DATES FOR CITY COMMISSION MEETINGS FOR THE PUR- POSE OF DELIBERATING ON A PROPOSED ORDINANCE FOR CABLE TELEVISION FOR THE CITY OF MIAMI. Upon being duly seconded by Commissioner Gibson, the motion was passed and adopted by the following vote; AYES: Commissioner. Armando Lacasa Vice Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOS; Commissioner Joe Carollo Commissioner J. L. Plummer, Jr.. ABSENT: None ON ROLL CALL; Mayor Ferre: Now, Mr. Plummer, following due process and orderly proce- dure which sometimes some of us don't like to follow, the Chair recog- nizes you to speak on the motion.. Mr, Plummer: I waive my right, my vote will reflect. Mayor Ferre; Does anyone else wish to speak? Mr. Carollo: Yes, Mr., Mayor If I may at this point in time, I do need one more question to be answered. Mr. Pilnick, do you remember the last date that you all met with Americable when the ordinance was drafted and given to them, Do you have a recollection of that date? Mr. Pilnick: I believe it was either September 6th or 7th. Mr. Carollo: Was Mr. Alden there on date, do you remember? Mr. Pilnick: I think he was sitting in the audience. He was not part..we were meeting with Americable representatives. Mr. Carollo: Did at any time Mr. Alden make any statements to the effect that they would never sign a contract such as the one that you all had presented to Americable? Mr. Pilnick: Yes, let me explain it. After the negotiations, discussions with Americable were concluded and the ordinance that the city staff had pre- pared was made public and the meeting was over, I walked out of the room and I met Mr. Alden in the hall and he told me that he thought it was a very tough ordinance, he thought that previous to that he had thought the Pitts- burgh ordinance was the toughest, but that this beats the Pittsburgh ordinance. _ And I asked him, well would you sign it, and he said "no" and then he said let me think about it, and then we went our separate ways. So that was the extent of the conversation. Mr. Carollo: He stated to me that afternoon that he would riot sign that contract, that he could not abide by the contract. He told me it was im- possible to abide by the contract. Now, I see IJLr. Alden looking at the sky and I know it is not because he is playing the Gods, but I see that he is far from heavon, but I will say this, I just can't bclie.ve that if Mr. Alden felt so strongly when Fmericable was the only company that was negotia- ting on the contract, that it was a contract that could not be signed by his company, but it was a contract that was impossible to abide by, now all of a sudden he, and his firm are willing to sign on that same contract, as I am being told by Mr. Knox that it hasn't been changed. Thank you, Mr. Pilnick. z 24 Mr. Plummer: Mr. Know, this motion that you have outlined here, it is in principle and cries not bind this. Commission or any Commissioner to the two firms that are named. Mr. Knox: That is correct. Mr. Plummer: There is nothing to preclude this Commission from in" jecting two other names. Mr. Knox: That is correct sir. You are simply stating your policy positions at this point. Mayor Ferre: It does however, mean that it is intent. If it passes the by the majority that that is the legislative intent of this Commission, which on final vote you always have a right to change your vote, but as of right novi, as of this vote, it is the intent of the majority to do precisely that. Mr. Plummer: well, it is the intent of the majority, Mr. Mayor, which we have seen in this Commissions's history, of which tomorrow I start my eleventh year of continuous service, that, especially with the center chair who is not looking to heaven he is given up on that, that this Commission can change its mind and has done in many instances, as it has in this particular issue. Mayor Ferre: Nobody sir, is questioning the ability, and not only the ability, but the record of your changing your mind all the time, so you have and will continue to do things like that. That's fine. Mr. Plummer: Well, but you spoke to a thing called vesture today, and that is why I wanted to make the record clear that there was no vested right by a motion of intent. Mayor Ferre: That has been clarified by our City Attorney. Is there any further..... Mr. Plummer: And it does not preclude my at the next meeting offering some other names. Mayor Ferre: Plummer, you always have that right. Is there further discussion? (Motion on previous page) Mayor Ferre; We will see all of you from Americable, T.C.I. and Impact, all two of you on .... Mr. Plumm(.._: We were only speaking to the important issues. Mayor Ferre: the 13th and 19th respe;:tively. Now, Mr. City Attorney. Would you please sir, draft two ordiances and documents for the 13th. One, on an emergency basi$, and the second one on a regular basis. It will be my intention to pass it on the 13th with two consecutive votes on an emergency basis. If we are not able ta►get fourth vote, then it will be a, I would assume, a 3 to 2 vote and we would then have to meet on the 19th for the second vote. Now, in the meantime, would you sir.... Alright, is that acceptable? Mr. Knox: Yes sir. Mayor- Ferre: Alright. Now with regards to the time, what time is best for you. Is 9:00 alright? Mr. Plummer: I would prefer the afternoon, especially if I have to fly back. Mr. Carollo: Afternoon would be better. Mayor Ferre: 2 o'clock? We will be meeting on the 13th at 2 P.M., and on the 19th at 2 P.M. Mr. Carollo: Wait a minute, Maurice. Are you saying on the 13th at 2 P.M. What day do you have to fly back there? Mr. Plummer: On the 19th. 25 OCT 7 iy�1 Mr. Carollo: Okay, well, can we make it the 13th at 9 A.M. then? Mayor Ferre: Find. That would be better for me.. The 13th at 9 A,M. and on the 19th at 2 P.M. At. 2 P.M. on the 19th, at 9 A.M. on the 13th, Alright, is there anything else to come up on this particular... Mr. Plummet;: t"_r. Mayor., I rTould request of the two companies.... we have read, but not seen officially that there has been some changes in the makeup of the ccmpn_Es. I would like to have produced and presented to me five days prior to tb e 13th, the list of stockholders, their per- centages of those invidid uals presented to this Commission, since there have been some. T know in Americable they added a lot of people. Mayor Ferre: That's not the case. Mr. Plummer_ Mr. Mayor, if it is not the case, they will so indicate that on the piece of paper. Mayor Ferre: I want to put it on the record right now. Mr. Hermanowski, would you stnad up sir, please and address this Commission? Have there been any changes in the makeup of your corporate stockholders since you last, since your original presentations? Stockholders. Mr. Hermanowski: It is limited partnership. Commissioner. Mayor Ferre: I'm sorry, the limited partnership. Is there a different makeup of the limited partnership- Of Americable? j Mr. Hermanowski: Ah..no. Mr. Plummer: I'm not speaking of Americable. Mayor Ferre: Well, I am going get them both. Are there any changes in the limited partnership of Americable? Sen. Myers: Mayor, there was never any kind of final agreement signed and hasn't been with some of the local limited, so to answer your question, it would be no. Mayor Ferre: Mr. Myer, Alright. In other words, we have a list, and the papers have published on several occasions a list of who has what pro- portions of Americable joint venture, Sen. Myers: Mayor, there was never any kind of final agreement signed and hasn't been with some of the local limited, so to answer your question, it would be no. Mayor Ferre: Mr. Myers. Alright. In other words, we have a list, and the papers have published on several occasions a list of who has what pro- portions of Americable joint venture. Sen. Myers. Some of them were proposed, at the time. Mayor Ferre: Are there any changes in the proposed? Sen. Myers. There are no changes in the proposed. There might be some changes in some of those who had been proposed, because now there is a half of an interest as opposed to a whole, so there might be some changes proposed, but there has been no other changes. Mayor Ferre. Understand that. Understand. Mr. Plummer: now let me. senator, before you sit down, I have some real problems, and 1 will expand to that request that you created your par- ticular firm an advisory board. Sen. Myers: The advisory board is a flexible matter. It can be created or not created, suLject to the will. of the Commission. That's not part of a legal entity. Mayor Ferre: 1 think yo•.i Lave thte thrust of the question, Kenny. I think you got the thrust of the question. I could like tc...1 don't. know where Plummer is coming from..biat I want to know that that advosory board no -- longer exists. Sen. Myers: That's correct. 26 OCT Mr. Plummer: Or, if it does, who are on the board. Sen. Myers: Okay. I wanted to know —now that Z know what you are asking, the answer is, the advisory board can be abolished. It exists or not exists, subject to the will of the Commission. Mr. Plummer: Senator I.... Sen. Myers: The advisory board has never been formally implemented, so at this moment, it does not exist. Mayor Ferre: well just tell us the advisory board does not exist, is that what.. Sen. Meyers: Does not exist. Mr. Plummer. It is difficult to abolish something 1. don't about its existence. Mayor Ferre; Alright, now Mr. Alden, for T.C,I. Mr. Alden: Mr. Plummer and Mr. Mayor there has been no change in any way, shape or form or manner in the ownership of Miami Telecommunications. Every original shareholder is still a shareholder and the same proportion of the total exists today as it did the clay we submitted our proposal. Mayor Ferre: The same proportion of the the total? Mr. Plummer: The same percentages? Mr. Alden: Yes sir. No, no wait a minute. Not the total overall percentages; each shareholder has been shrunk 50%, no I retract that statement, each share- holder has been shrunk, we will submit those numbers. Mr. Plummer: That's what I want. Mr. Alden; But their particular relationship, one to the other is precise- ly the same today, as it was when we submitted our proposal. Mr. Carollo: Who is still the president of your company, Mr. Alden? Mr. Alden: Of Miami Telecommunications, Mr. Gerstein is still the president of that company. Mr. Carollo: Alright sir, thank you. I just wanted to make sure of that. Mr. Plummer: I am must asking that it be submitted in writing and for consideration at the next meeting. Mayor Ferre: You said five days before, J. L. Five days before is tomorrow. Mr. Plummer: That can be given to the day before the meeting, I have no problem. Mayor Ferre: I don't want any technical slipups. If there is any request by any members of the Commission, I want them requested now, and I want them submitted five days before. (inaudible) Mayor Ferre: Mr. Alden? And I want you to hear this. Mr. Alden, you sit down. Mr. Alden and Mr. Hermanowski, and City Manager and City Attorney, I do not want any pieces of paper other than what we will be deliberating on on the 13th at 9 A.M. that will not be given out by tomorrow, which is five days before. Is that correct. Okay. So whatever you have to give out, whatever you have got to do is got to be in our hands by tomorrow after- noon by 5 o'clock or whenever so that we will be able to deliberate and that any flaws, and we don't want any new pieces of paper put upon our desks in the last five days. Yes sir. Mr. Carollo: Mr. Mayor, would it be in order for this Commission to re- quests from both firms a. copy of all their expenses that they have had in making this presentation. 27 OCT 71981 P Mayor Ferre: I donkt-have any objections to that and do either Mr. Alden or Mr. Hermanowski have any objections -to that? Mr. Alden: Mr. Mayor, we have no objection to that, but we would ask that it still be in compliance. That request, M. Carollo, was incorporated with the city's request for proposals and is required of the company and we will submit it precisely according to the schedule that your presently enacted ordinance requires. Mayor Ferre: And don't-- forget that you also have to make public all contracts with anybody that you have, public relations, lawyers, all that. That's the requirement and remember, that we held fast, because, you remember, the morning newspaper wanted everybody to do that in the beginning, and our position was that it would be done whenever we got to selecting the firm. Well, we are selecting the firm now and I would hope that all of that would be complied with so that there is full public dis- closure. Okay? Anything else? If not, Mr. Manager and Mr. City Attor- ney, I think we have conciuded right? There is nothing else that we have left undone on this? 5. MANAGEMENT AND BUDGET RESOURCE ALLOCATION PROGRAM TEMPORARILY DEFERRED. Mayor Ferre; Okay, we are now on Item E, which is the discussion on the department of management and budget resource allocation program. Mr. Gary: Mr. Mayor. Mayor Ferre: Yes Sir. Mr. Gary: As part of the contractural arrangement we have with Booz Allen & Hamilton consultants with regard to fiscal administrative affairs, one of the responsibilities on requirement on the scope of services was to assist us in training staff, particularly in management & budget and methods and techniques of operation and improvement. At this time we would like to give you a sample of the work that we have done as a result of that training. Would the police officers please...... ell t s�' N Cj f J w�- •• �w Mr. Manohar Surana: Mayor and members of the City Commission. for the past 6 months the Department of Management and Budget has conducted productivity studies in two functional areas of the City, Office operations in the Administrative support division of the Building and Zoning Inspections Department, and Field Operations in Operations Divsion of Department of 'Parks. The general techniques involved and resource allocation and bugeting systems were installed by Booz Allen Inc, and implemented by the Denartment of 2,anacement and Budget. Assistant Director of Operation Analysis, Frank Maye, will explain to you the finding and the recommended solution for these two studies. Mr. Frank Play: Mayor and members of the City Commission, the overall methodology of resource allocation in budgeting is actually a combination of industrial engineering, and management analysis techniques used for assessing organisational effectiveness and efficiency. The various techniques used in these studies included conducting an operations review, identifying work methods improvements, establishing the work measure, identifying service levels and calculating costs, developing work scheduling and management reporting, and linking performance measures to the budgeting process. Mr. Plummer: Yeah, but you didn't have it to me in writing in advance. I could have read all of this. Mr. May: The major findings, recommendations and savings of these two projects are as follows. First, the office operations project in Building and Zoning. In the administrative support division of the Building Department, it was found that that division was involved principally with operational activities as opposed to administrative activities. Supervision of the majority of the employees was by Inspections Division personnel. Therefore.., a reorganization and reclassification of the division was undertaken which will save the City $43,391. This recommendation has been implemented. It was found an excessive number of unused telephones were installed in the Building and Zoning Department. The removal of these telephones will save the City $4,238. It was found that current microfilming required 2 additional employees. This cost was offset by a recommendation to contract current microfilming at a total cost avoidance of $11.658. This recommendation has been implemented. It was found that a substantial backlog of microfilming of records existed. A cost avoidance of $178.005 will be realized by contractual arrangement. This recommendation has been implemented. It was found that a redistribution of CETA employee labor resulted in a savings of $82,992. This recommendation has also been implemented. The total savings of the Office Operations Proieet in Building and Zoning is $320.284. Now the Grounds Maintenance Project in the Parks Department. It was found that employees time was significantly under-utilized. With the implementation of mobile crews, a savings of $334,124 was accomplished. Secondly, it was found that considerable down time existed from excessive use of inavvrovriate eauipment. Acquisition and use of approvriate equipment has saved the Citv $5.184. Thirdly. it was Found that the Parks Department performed a substantial level of unrelated services to other City departments. Through the establishment of ea coast recovery program, $97.125 of employee time will be properly reallocated. Fourthly, it was found that employees were inefficiently scheduled. lTircueh the proper scheduling and use of appropriate communications equipment, the City will save $16.640. Fifthly, it vLS found that employees, it was found that litter control activities were costly and manually intensive. Through the use mechanized litter control, the City has saved $70,000. It was found that there exists a duplication of rubbish collection in City parks as done by the Parks Department. It is recommended that the Department of 29 OCT 71981 Mr. Maye (continued): Solid Waste perform this function at a eaVinRs of $74.500. Mr. Plummer: You're kidding vourself. They can't nick up on the streets now. How are they Qoing to do that? Mr. Mave: Well we discussed that with the Director of Solid Waste, sir, and we're working on it. Father Gibson: Bring him in here —no, no, no. Bring him in here so he could tell us. Mr. Plummer: Yeah, I want to hear him tell me that he can't pick up the trash on the streets but he's going to do this. Father Gibson: That's right. That's right. Because I want to tell him about where I live. Go get him now. Mr. Manager, call him and tell him come. Mr. Plummer: You can't get him on the phone. You've got to go through 4 secretaries. Father Gibson: All right. Get him here right now. Let him tell me how he's eoine to do that. Right. Mr. Plummer: He's got all this excess help, I want to know where it is. Father Gibson: Dog gone right. I don't care where he is. Get him. Let him tell us. The Solid Waste collection. They're going to save all of that money, and all the rubbish and garbage and trash on the streets in Coconut Grove. And don't tell me I'm lying because I'll give you some addresses right now. All you have to do is to go on Plaza and Franklin right now. Mayor Ferre: It's all over town. Father Gibson: All over town. Let him come here and tell me that iive. Mr. Plummer: Before we pay the fee, we had good service. Now we pay a fee, we don't see them. Mayor Ferre: Hey, don't give them any more... Mr. Plummer: You all weren't here. You all were gone. We were having a ball. Go away, Ferre. Father Gibson: All right, go ahead. And when he walks in we're going to come back to that item. Okay? Mr. May: Thank you, sir. All right. Item number 8. it was found that vehicle access to the Vire,ina Kev beachfront zontributed to excessive litter. It is recommended that access be controlled specifically to the beach£:ont. This should save $1,885. It was found that... Mr. Plummer: Wait, wait a minute now. Do you realize hog: much it's going to cost to put control on Virginia trey with people on 3-wheelers, people that are hiking, 1,800 nudes that Ferre goes over and looks at on Sunday? I guarantee you that $1,885 that you're saving; by the rubbish that's not being picked up is going to cost you $25,000. Mr. May: Sir, we're talking about access barriers to keep people on the actual beactifront. Mr. Plummer: 'You're wasting your time. Do you know how many times Mel Reese put up 47 tons of dirt? How long have you been with the City? Mr. May: Approximately 7 years, sir. Mr. Plummer: Ye .on't remember the access barriers over there before? LAl Mr. May: No, air. Mr. Plummer: Have you ever been on Virginia Xey? tor. May: ONly once, sir. Father Gibson: Oh, that's the difference. Mr. Plummer: I strongly suggest you go again. You know, these look good on paper, but they're not in fact. Mr. May: Well sir, my analyst spent a signficant amount of time there watching the ... Mr. Carollo: J. L., before I step out for just one second, I want to make sure that everyone knows that J. L. is the Commission expert on Virgina Key.' Mr. Plummer: There's no question. Mr. Carollo: He knows every pine tree there by heart. Mr. Plummer: Yes, sir. And be careful how you spell that. Hey I want to tell you something, okay. Look, I've got no problem with what you're saving, but in practicality it doesn't exist. Now don't go over there wasting your time putting up barriers that they're going to take down in less than a day, because they will. Mayor Ferre: Let's move along. Come on, it's 12:15. We've got 3 other items to do this morning. Is there anything else you want to tell us about your study? Mr. May: Yes, sir. Item 9. It was found that the CETA staff reduction impacted the Parks operation significantly. Through a redistribution of this work, this impact was lessened and absorbed at a savings of approximately $700,000. The total savings of the grounds maintenance project is $1,225,059. This includes additional personnel, and $90,900 of equipment. The total savings for both protects is $1.545,343. Mayor Ferre: All right, anything else? Mr. Plummer: Yeah. When are you going to further this into other areas? Mr. Gary: This will be done for other areas throughout the fiscal year. Mr. Plummer: When are you going to do Public Information? Mr. Carollo, listen to this. Mayor Ferre: After November 3. Mr. Pluimuer: Well I'd like to see it started today, and delivered, your recommendations, on the 4th of November. Mr. Gary: We'll look at what has to be done, and we'll try to comply with that requirement. Mr. Plummer: No, no, no, no. I'm practicing. He's leaving. Does that sound pretty good, Jim? I want to see at least a 50% reduction in the i cost of that operation, and a 50% efficiency, which brings it down to 25%. November the 4th. Mr. Gary: We'll prepare a study for November the 4th. Mayor Ferre: All right. Now on a positive side of this, Mr. Manager, may I commend ycu and your staff and the associates for having done what is somethinc that really should be an onCoine proiect. It's long, over due and I commend you for your initiative:. Now do you need a vote from us on this? 1 OCT 7 i`61 11 C Mr. Gary: No. We just wanted to show you what we're doing. Mr. Gary: This is informative in nature. Is there anthing else you tieed to inform us? Mr. Gary: No, sir. 6. DINNER KEY MARINA DEVELOPMENT - DISCUSSION AND DEFERRAL TO NEXT COIVIISSION MEETING FOR POSSIBLE RELWARD OF CONTRACT Mayor Ferre: We're now on item -F" which is discussion of Dinner Key Marina development. All right. sir. Mr. Gary: Mr. Mayor, at the last Citv Commission meeting, the City Cc_:-ission directed me to have this item on for discussion. As you recall, I said to all the City Commissioners, the results of an audit which was performed by staff with regard to the performance of Biscayne Rec. in terms of the operations from January 16th to July 31st, 1981. In that report, I highlighted some serious violations. We have discussed those violations with the officials of Biscayne Rec. They have assured us that they will comply in correcting those violations within 30 days. And they have also agreed that they will be on probation for 6 months after a 30 day period. The second recommendation that I had in the report was that the firm of Crowder, Mahoney... Mr. Plummer: Wait, who. Let's go back. One thing at a time. Now let's talk to the first section. I spent some time reading this little document that you spent a lot of money to prepare. When you say you're putting them on probation for 6 months and you're going to make them straighten up their act in 30 days, are we talking about all of the items that were unidentifiable? Mr. Gary: I can't recall what you mean by unidentifiable. Mr. Plummer: Well. there was a lot of things in here in which receipts were not produced. Mr. Gary: Oh, sure. The deficiencies that were highlighted in the report will have to be corrected within those 30 days, and that includes them requiring justification from them as to the legitimacy of the expenditures, verification of the expenditures, and if they are found to not be, to comply with the agreement, then they would have to pay us the funds back. Mr. Plummer: All right, for example, you outlined in this report in which the going rate for auditors were $25 an hour. Mr. Gary: I think it was a little more than that. Mr. Plummer: No, sir, that was in your report. You should read your own report. Mr. Gary: Their fee was higher..•I have read it. Mr. Plummer: Obviously not very well. And that the $80 that was what was being charged Now is the City going to be reimbursed that difference? Mr. Gary' We will ask that thev reimburse us for that difference. Mr. Plumm,-,r: Well now wait a minute. I don't agree with asking. Either you... Mr. Gary: When I mean ask, I mean ask them to reimburse us, if they don't, they are in violation of the agreement, we terminate the.contract. 32 r.^T - �� Mr. Plummer: Okay. Now we're getting to home base. So everything in this area, this document, they're either going to comply with, which will put them in Rood standing,, or on day 31, they're gone. Mr. Gary: Exactly. The last recommendation deals with c.he negotiations and the awarding of a contract to the firm of Crowder, Mahone, McCowsky and Rice and Assoc-i.ates. And because of the findings of the audit, I have recommended to the City Commission that this firm, the awarding of this agreement to this firm not be fulfilled, and that we, the City Commission has two choices. One is to start the bidding proc,.ss all over, or the second is to go to the second firri that was rated in the initial negotiating, process. That's the official action that has to be considered by the Cltv Commission today. Now we have staff available that can respond to the specifics of the audit, as well as the budget. Furthermore, you should know that the firm that represented Crowder, Mahone, McCowsky and Rice has asked that the decision with regard to their firm receiving the contract be postponed because Mr. Crowder was in Europe. Mr. James Farrell: Mr. Mayor, may I address the Commission? My name is James Farrell. I am the attorney for the Crowder, "Mahoney, McCowsky and Rice firm. When we learned last Thursday that this matter was to be discussed today, I had hand delivered to Mr. Gary a request that this be deferred because Mr. Crowder is in Europe and will not be returning until October 12th, and the subject matter of Mr. Gary's memorandum deals with items that only Mr. Crowder can respond to in person. The item being whether or not he is a principal or ever was a principal in Biscayne Recreation. Mr. Plummer: Well sir, can I short-circuit you. This Commission today cannot act on the removal or reaward. This item is scheduled todav for discussion purposes only. I think it is a proper motion that this Commission ask the Manager to schedule this for the regular next scheduled agenda, at which time Mr. Crowder, or anyone else who wishes to come here, because we cannot take official action today on the way it appears on the agenda. So you're not losing anything today because we can't act today. Mr. Farrell: One other thing. We have attempted to meet with the Citv Manager to find out what information he has because we know of no information at all that would ever indicate that Mr. Crowder was a principal, I would like an opportunity to sit down with him before the next meeting if that would be a proper request. Mr. Plummer: It's always proper for people to ask to meet with the City Manager. Mr. Farrell: Well we've attempted to reach him several times, my client has and haven't been able to. Mr. Gary: Well, let's straighten the record out. You hand delivered the letter at the last minute asking that this item be withdrawn, and you are communicating that I would not withdraw the item because it had been discussed on numerous occasions, and I told you that I would be presenting this item to the City Commission. Under no circumstances did you ask to sit down with me to go over the report. Mr. Farrell: INo ,sir. I didn't say I did, I said that my client had. Mr. Gary: Your client either. Mr. Plummer: Mr. Mayor, I would move at this time that this matter be scheduled for the next Commission agenda for the purposes of selection, or reselection. Mr. Lacasa: Second. Mayor Ferre: All right, there is a motion and a second. Is there further discussion? Do you have any ;problems with that? .33 OCT 71981 1 Mr. John Cosgrove: No, Mr. Mayor, Commissioners. That would be fine =` with us. Just for the record, Greenleaf-Telesca, number two, is standing ready, willing and able to comply. 1 Mr. Plummer: And what is your name, sir? Mr. Cosgrove. John Cosgrove. 1'. Mr. Plummer: And did you do very well in the election yesterdays? Mr. Cosgrove: I think so. B t Mr. Plummer: We wish you well. Mayor Ferre: Further discussion? Call the roll. �i The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 81-844 A MOTION DEFERRING CONSIDERATION OF DINNER KEY MARINA DEVELOPMENT TO THE NEXT REGULAR CITY COMMISSION MEETING FOR POSSIBLE RESELECTION OF A MANAGEMENT FIRM Upon being seconded by Commissioner Lacasa. the motion was passed and adopted by the following vote. AYES: Commissioner J L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None 7. MINORITY VENDOR PROCUREMENT POLICY - ORDINANCE ON OCTOBER 22 Mayor Ferre: We're on "G", discussion of City of ;=xami minority vendor policy. Mr. Manager, would you explain this to us? Mr. Gary: Yes. Mr. Mayor, we have as one of the scope of services requirements for Booz Allen was to look into our purchasing process. As part of that process, I thought it was important in view of this City Commission's police that we consider participation by affirmative action .epresentatives in this conununity in not only staffing, but also in procurement. And one of the things 1 asked Booz Allen to do was develop a set-aaide program that would assure that Y& allow minorities to participate in the procurement process of the City of Miami. At this time, I would like for Mr. Porter Homer of Booz Allen to explain the program and answer any questions that you may have. Mayor Ferre: Mr. Hower, the Chair recognizes you. We have the memorandum and that's fairly self --explanatory. Is there anything else you wish to add to it? Do you want to put on his wicrophone? Mr. Porter Homer: Mr. Mayor, simply that I dc, think the wcn;orandum is self-explanatory. The intent is to set up an active partnership between the City and its purchasing requiretnellts and minority vendors. with particularly black and Latin vendors within the Citv of Miami to accomplish a commercial relationship, if you will, between those two .34 Cf; i 7 �+� Mr. Homer (continued): Parties based upon an inventory of the capacities of the minority vendors within the City and upon the needs of the City. And finally, to establish, based on that inventory. annual goals for set -asides for minority vendors to compete for until you reach the 20% goal which we think ought to be 10% for the black vendors, and 10% for the Latin vendors. Mayor Ferre: All right. How does this differentiate from what Metropolitan Dade County has and secondly, to Mr. Knox, whether or not in his opinion this is, what we're doing, whether it complies with the law. Mr. Knox: Yes, sir. It does r-nmply with the law relating, well, the Supreme Court decisions relating to minority set -aside programs. Mayor Ferre: Okay. Now, how is this different from -ghat Metro has. Mr. Homer: Mr. Mayor, if I understand the Metro program, up until a couple of days ago, they had a general expression of intent, but they did not have specific set -asides, they did not have the inventory program that is recommended here. Mayor Ferre: So this puts us ahead of Metropolitan Dade County in this particular area. Mr. Homer: Yes, sir. And I believe it puts you in a very co -active program to establish relationships with these groups of people in the City that can be beneficial on both parties. Mayor Ferre: Since Father Gibson is not going to be here beyond November the loth, I would like to have this voted upon, if necessary, can we vote on it today and give him the opportunity to make that motion, if he so wishes. Can we vote on it now? Mavor Ferre: All right. Father Gibson moves. Lacasa seconds. This is the Minority Vending Procurement Program that's outlined in item "G" and it is a motion of intent that this be put into a proper ordinance that would be before this Commission. I would hope, Mr. Manager, even though the 22nd meeting is a meeting dedicated to zoning, that you would put this as a special non -zoning item so that Father will have the opportv.Aty to vote upon it. Mr. Gary: Yes, sir. Mayor Ferre: All right, is there further discussion? Call the roll. The following motion was introduced by Commissioner Gibson, who moved its adoption: MOTION NO. 81-845 A MOTION OF INTENT OF THE CITY COMMISSION ACCEPTING A REPORT PREPARED BY BOOZ, ALLEN IN REGARD TO CITY OF MIAMI MINORITY VENDORS PROCUREIENT POLICY; FURTHER DIRECTING THE CITY ATTOP1NEY TO PREPARE THE NECESSARY ORDINANCE FOR ACTION BY THE CITY COY -MISSION AT THEIR MEETING' SCHEDULED FOR OCTOBER 22, 1981 Upon being seconded by Co=issiorier Lacasa, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None 35 ri OCT 71981 C r FOLLOWING ROLL CALL: Mayor Ferrer With my congratulations to the administration for moving ahead quickly on this and certainly, I would recommend, Mr. Manager, that once we adopt this ordinance on the 22nd, that you would send a copy to the Metropolitan Dade County Commission and ask that they do the same thing. And I would like for a motion to be prepared so that this Commission can memorialize it to the Metropolitan Dade County and have them put their words into action. 8. BRIEF DISCUSSION: STATUS OF POLICE AND FIRE UNION CONTRACTS Mr. Lacasa: Mr. Mavor. I have two items. One is the question of the contract with the Police unions. Mr. Plummer: Police and Fire. Mr. Lacasa: What is the situation there, Mr. Gary? Mayor Ferre: We have an executive meeting tomorrow at what time? 10:30, I think. Mr. Gary: It's about 10:00 or 10:30, but it's tomorrow. Mr. Lacasa: It's tomorrow at 10:30. Mr. Gary: Yes, sir. Mr. Lacasa: Okay. That's.all rizht. 9. PERSONAL APPEARANCE. PAT SKUBISH ANNOUNCING HER RESIGNATION FROM CITY DUE TO DENIAL FOR LEAVE OF 511 ABSENCE Mr. Lacasa: The second this is Ms. Pat Skubish.... Mayor Ferre: Skubish. Mr. Lacasa: Skubish. She has requested to be recognized. Mayor Ferre: The Chair will recognize Pzt Skubish for the purpose of making a statement. Mrs. Pat Skubish: The only statement I have, Mr. Mayor, members of the Commission, is that I as a former City employee was forced to resign my position from the City of Miami because I could not get a leave of absence whether for 30 days or 45 days like other City employees in the past have had that opportunity. The department will go ahead and give Rive you manv reasons why not, but the gist of it is I think someone from your office, Commissioner Lacasa, her name is Miss Sanchez. Does she or does she not have a leave of aosence? Mayor Ferre: She's not Civil Service. Mrs. Skubish: She's on a City payroll? -AA Mayor Ferre: She's not Civil Service. 36 31 Mrs. Skubish: Tax Pavers Pav het salary? assistant to the City... Mayor Ferre: Not... Mrs. Skubish: Let me finish, Mr. Mayor. Mayor Ferre: ...Not Civil Service. r Mrs. Skubish: She gets money from the tax payers of the City of Miami, she's a special assistant either to City Manager Howard Gary, or is she... which is administration, or is she a special assistant to Mayor Maurice Ferre who is leQislati.on. and she is on leave. has been on leave for months and months. I mean, what ..is this favortism? Mayor Ferre: Not Civil Service. Mrs. Skubish: What is going on. I have resigned from the City, okay? And I'm just here to tell you that the practices that you have been —what you have been doing, implementing in the City to City employees, no matter what their political affiliations, no matter who I'm with, that is my American right. I'll go with any one I please. And if I have to Rive up 11 years with t<ie City, that's what I'm going to do. But to go ahead and persecute, to board up a window, to change permanent locks on doors where you have to have another entrance to go through harrassment tactics, okay? It's not worth it. And I'm telling you, I'm out there and I'm free and I'm going to be here every Commission meeting. Mayor Ferre: All right, would you... Mr. Lacasa: Mr. Gary, could you please... Mayor Ferre: We're in the middle of a Commission meeting. I don't... Mrs. Skubish: What was the question, Mr. Lacasa? Hey, you have baloons. Good campaign tactic. Mr. Plummer: I'm not running. Mrs. Skubish: Not .you Plummer, you don't have to run. vou're there for life. Mayor Ferre: Anvthi.nQ else? Mr. Plummer: No, no. Excuse me, all kidding aside, I think it is only right with the comments that have been made, I'm assuming one, you made the request. I'm assuming, two, it was denied. Then I think it is... Mr. Gary, it behooves vou, on the record, as to the reason for the denial. I have no problem with your putting it on the record. And I think... Mrs. Skubish: Mr. Plummer, let me say Mr. Gary has always been fiar. He's always been fair to me. Okay? I understand the procedures. You go through the procedures. First it's the department head who denies it. and then you can go ahead and give it to the City Manager. Mr. Gary, and if you have time, which I don't have time because I'm workir- in a campaain, if you have time, ,you can appeal it: before the Civil Service Board, and than you've got the question of who the members of the Ciaril Service Board, who are they loyal to and what will be the outcome o. that. And it's a losing battle. I know it's Fi losing battle. It's a losing case. Okay? I'm just making a stat::ment here that it's not going to work It's going to be all over town of what this City has done. Okay? Mr. Plummer: Well Pat, here agLin, I'm tryint; to get to the basis. Mr. Gary, I would like to ask why the request was denied? Mayor Ferre: Let's formalize this in this. way. Mr. Gary, Firs. Skubish did not mention the one individual where there is comprability, and that is... 37 OCT 7 1981 Mrs. Skubish: Sure. Mayor Ferre: Now I realize that there may be ... I don't know why she didn't mention it, but I think that is the one person that is Civil Service, that did get a leave of absence for the purposes of working in a political campaign. Now, when she took the leave of absence... Mr. Gary: I'd like to correct that. Mayor Ferre: May I please? When she took the leave of absence, in the paper where she submitted, she said that the reasons were personal in nature, and therefore, she did not specify what she was going to be doing. I think in a way that is a subterfuge, as I pointed out, because everybody knows that Aleli Puig is running a campaign of a candidate for office. And I think she is... Mr. Carullo: At least one. Mayor Ferre: ...she is there every morning, 10 hours a day, so she took a leave of absence for political reasons. Now, I think that Pat Skubish has a... there's a certain amount of justice in here position because I think there is a certain amount of potential. Mind the word potential hypocrisy. Because what she did was she had at least the honesty to put on her request for leave of ab�-lace, politics since she was going to be involved in a political —she was honest and said exactly what she was going to do. And for that, I commend her. Unfortunately, however, as you know, the Civil Service rules, if you are covered by them, and Pat Skubish is covered by them, do not Permit a leave of absence for the purposes of political campaigning. I mean, that is the way the Civil Service rules read today. Now, I think that the case of Marta and Marie Petit, is obviously not applicable because they are not covered by Civil Service rules but Aleli Puig and Pat Skubish are covered by Civil Service rules. They're both doing the same thing for the same candidate, which is fine. They're entitled to that. But just because one was honest and wrote down something specific, and the other one used a subterfuge, I think is something that needs to be addressed specifically. And I would request that in your memorandum that you comment and investigate both cases. Is there anything else to come up on this issue? Mr. Carollo! Do you want to make a statement, Mr. Manager? I'd like to hear it. Mr. Gary: First of all, the —with regard to leaves of absences, in particular, the indii�iduals that were mentioned namely Mr. Lacasa's administrative assistant, the Mayor's administrative assistant, those two individuals are rat -ivil Service and are not covered by the rules and regulations of Civil Service which prohibits the participation in political ... granting a leave of absence for the sole purposes of participating in political campaigns. With regard to Mrs. Puig, Mrs. Puig requested from her director, and it came up to me, a request for a leave of absence that stated that she was requesting a leave of absence for family and personal reasons. And that one of the family and personal reasons which was personal in nature, which I will inform the City Commission of, dealt directly with her family. Now with regard to whether or not she's participating in a campaign, or whether her request was a subterfuge, all I could do is first of all., assume Cliat: all employees are going to be honest. Secondly, if they do not comply, then obviously there are provisions in terms of that agreement or that: leave of absence being voided. With regard to Mrs. Skubish, Mrs. Skubish requested to here director sole purpose for a leave of absence was for political reasons. }used on that, the director recommened that it be denied and I honered that. request. Mrs. Skubish: Excuse me, Mr. Gary, it was personal and political. Mr. Gary: Same thing. You had political in there. .38 Off Mrs. Skubish: No, it's not the same thing, Mr. Gary. Personal and political.. I had two things to do. Mr. Gary: She said personal and political. The political, excluded her according to Civil Service rules from being granted a leave of absence. The director recommended that and I honored that request. Mrs. Skubish: There's nothing in the Civil Service rules. If you can point out to me, Mr. Gary, where it says I cannot actively be invovled in a campaign. Mr. Gary: That�s not what I said. What I'm saying... Mrs. Skubish: Political. Mr. Gary: Let me finish first. Mrs. Skubish: I'm letting your finish, Mr. Gary. Mr. Gary: What I am saying to you is that any employee is not prohibited from participating in political campaigns but no employee who is Civil Service can be granted a leave of absence for a political campaign. Mrs. Skubish: In other words, you're saving it's discriminatory then. Unclassified and classified is discriminatory practices. Marie Petit, Aleli Puig, or anybody else whether they're classified or unclassified, they still get tax payers dollars for a salary, okay? Now that is the bottom line. Classified or unclassified, you're fooling around with words, you're fooling...they're getting a pay check from the City of Miami. I have as much right as an Aleli Puig, or a Marie Petit, or a Martha Sanchez as anybody else. I'm a United States American citizen. That's not right. Mr. Carollo: God bless America. Mr. Plummer: Well no, wait a minute, Pat. Mayor Ferre: Excuse me. You have protections under Civil Service... Mr. Plummer: There's a difference. Mrs. Skubish: What protections? Mr. Plummer: You have right of hearing. Mayor Ferre: You have certain protections... Mrs. Skubish: What protecti.ons. They board up your window, they lock. up your doors. Come one, what protection. Come on now, you know, guys you're vlaying hard ball and what you're doing...you know, I have been honest with you. I wrote a beautiful memorandum as to my intentions, one was for schooling, one was for political activity. Mrs. Spillman was nice enough, she went ahead and gave me 6 days to finish my schooling. As far as my pnlitical activies, okay, no. As far as anything else that I was trying to obtain, I mean, hey, harrassment. Forget it. Mayor Ferre: You can't have it both ways, Pat. Mrs. Skubish: What do you mean can't have it...no, but everybody else can. Mayor Ferre: You cannot... Mrs. Skubish: What about your aide? Mayor Ferre: No, Marie Petit... Mrs. Skubish: What about your aide? RN Moot Ferre: Marie Petit has resigned. She has resigned. Mrs. Skubish: Resigned from what? From what?fit x U Mayor Ferre: She does not work in the City of Miami. Mrs. Skubish: Oh, that•s nice. Mavor Ferre: Now she will be rehired after November the 4th. That is the law. Mrs. Skubish: Yeah. that is the lay., cho wan nn A l aAira fnr rm ar 4 mnnthq. Sh- was on a leave for over 4 months. Her classification was special assistant to the Citv Manager. Mayor Ferre: She is not covered... Mrs. Skubish: ...which is administration. You are legislation. What Roes on here? Either she's...she's doubled her yearly salary in 3 years. That's a terrific job and she will be rehired. Guys...too bad you ain't going to be here, Mr. Mayor. Mayor Ferre: Fine, Mrs. Skubish: I've heard that one before from you. Mrs. Skubish: Well this time, take it to heart. Mayor Ferre: Yeah. Okay. Now is there anymore political statements to be made here today? Mr. Carollo: Well, you have 82 votes that are going to £o against you Mr. Mayor. 10. STOP FUNDING FOR PUERTO RICAN HEALTH CLINIC AND FUNDS BE GIVEN TO ASPIRA Mayor Ferre: I would like to, since we're taking pocket items, Mr. Manager, and Dena Spillman, while you're here, on the matter dealing with the Revenue Sharing, Federal Revenue Sharing, we have continued this matter _ for two months. There is one item, an area where I would like to make an exception, and I would like to explain the reason why I would like to make the exception. Mayor Ferre: Ms. Spillman, as you know, we are funding the Puerto Rican 1 Clinic. That's called the Puerto Rican Health Association. $40,000 a year. Now I want to explain that it has come to my attention that, well there are two things involved in this. One is I think substantive, and the other is something that I...it's personal that I want to explain. The suhstartive issue is that the City of Miami has never dealt with funding of medical clinics. Now I don't know how we got caught on that because originally, Mrs. Spillman, the issue was that we were funding PROC. PROC is the Puerto Rican Organization for Community whatever it is. And they were invovled in job training. Now all of a sudden PROC was a failure so it was faded out and absorbed. But instead of continuing to use that money for job training, we ended up just because we wanted to placate the Puerto Pic:an community in Wynwood, giving that money to the Puerto Rican clinic, and then it went into the operation of a health clinic. That is not our business. We are not in the business to do that. Nov, we I.et a year go by and then all of a sudden this thing is on again for further funding next yeas•. In tht meantime, there is an organization which is called ASPIRA, and ASPlR.4 is a national organization that does most of the worlc in New York, l'hiladt_lphia, Boston, and now in the Miami area. They have been unded funds from the Federal government for jab training, specifically, for job training. Now they deal mainly with the Puerto Rican community, but not exclusively with the 40 1kvor Ferre (continued): Puerto Rican community because they have haitians and they have other Latins, mainly Cubans that are involved in job training. Now I submit to you, Mr. Manager, that as we go about cutting, as we're cutting now monies that are comine in from Waohington and Tallahassee. and our own and Metropolitan Dade Countv's, that the number one priority, and I follow Pl_umnier's lead on that. after eivine people hot meals is _joh training. That's where we're at today in 1981. We've got to get people ready t:o gage _job, and therefore, I wnuld like make a motion, si-r, that the funding; for the Puerto Rican Health Clinic be immediately stopped and that those funds until we hear from you, be given for the next month to the ASPIRA. Now I would like to, Mrs. Spillman, for the record, ask you to give the departments opinion as to how ASPIRA operates their program, whether you've looked at it, and whether it is a worthwhile project at this time. Mrs. Dena Spillman: We have reviewed the proposal that they submitted and it's a good proposal. They appear to be a good organization. The executive director is extremely competent and we feel that they can do the job. Mayor Ferre: Who is the executive director? Cuneen Maldonado I think is her name. She's a professional who has come down here —is she here now? (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: She is a professional. Now Mr. Mendez, for the record, you are a member of the board. (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: I'm not questioning whether you're the founder or not. Would you come to the microphone. Are you in any way receiving any funds from ASPIRA. Mr. Mendez: No, sir. Mayor Ferre: All right. You are a member of the board. Mr. Mendez: I'm a member of the board. Mayor Ferre: But you are not a member of the staff nor are you ... how many — members, board members are there in ASPIRA? Mr. Mendez: There are 19 board members. The Chairman of the board being the Assistant Dean to Florida International Unversity, Dr. Luis Martinez. Mayor Ferre: In other words, You are one of 19 members of the board. Mr. Mendez: I'm one of the 19 members. Mayor Ferre: Thank you, sir. All right. at this time, Father, I pass the gavel to ycu and pass the motion that for the next month the funding that previously went to the Puerto Rican Health Organization go to ASPIRA, and that we will then discussion on full funding next year. Father Gibson: Do I hear discussion? Mr. Mayor, I want to ask a question. I'd like to ask a question. Mayor Ferre: Yes. Father. — Father Gibson: How do You momentarily deny an organization a sum of money for which th ev have pet up their works say with the hopeful expectation of receiving the monev and not Rive them some time? Mr. Carollo: Very simple. Father. Get 3 out of 5 votes. Father Gibson: I know that, but I am, what I am trying to say to the Commission... .41 Mayor Ferre: They are well aware...Father, I told those people a year ago that in my opinion, that there was no, we just did not have enough money in the City of Miami to be funding a health clinic. They are properly funded, as you know, directly from Washington. That is a Washington funded operation. I don't see any renson wliy we should continue funding an operation which is properly fended from Washington, and that was just a subterfuge to get that $1+0,000 from us. Father Gibson: 11r. Mayor, I'm not denying that. But I think that we who sit up here ought to. you know give neanle an example of how they ought to act and respond. W11y don't we Five. them 30 days. We'll tell them that within 30 days their mor_ies will be cut off and they will have an opportunity to adjust and readjust their budget. Mayor Ferre: We didn't do that with NEDA. Father Gibson: All right. Look, all I could do was put my concern on the table. All right, any other further discussion? All right, call the roll, please. The following motion was introduced by Mayor Ferre. who moved its adoption: . MOTION NO. 81-846 A MOTION DIRECTING THE CITY MANAGER TO DISCONTINUE FUNDING IMMEDIATELY TO THE PUERTO RICAN HEALTH ASSOCIATION AND FURTHER STIPULATING THAT SAID FUNDS BE GIVEN TO "ASPIRA"; FURTHER REQUESTING THE CITY MANAGER TO HAVE THE DEPARTMENT HEAD INVESTIGATE AND EVALUATE SAID GROUP Upon being seconded by Commissioner Lacasa, and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joc! 'Carollo Commissioner Armando Lacasa Mayor Maurice A. Ferre ;! NOES: Vice -Mayor (Rev.) Theodore R. Gibson ABSENT: None ON ROLL CALL: the motion was passed Father Gibson: I want my vote understood. I'm not opposed to cutting of the money knowing that they're getting vaoperly and adequately funded elsewhere. I'm ovuosed to doing it immediately. I believe they ought to be Riven a reaonable length of time to get their house in order. therefore. I vote no. Mayor Ferre: I would like to now on the record, Father. even thoueh I didn't say it before because I didn't think it was really aermain to the vote and I didn't want to get into an emotional issue. I would like to on the record state that one of the members and evidently the political ideolog of the Puerto Rican Health Clinic, a gentleman by the name of Font, F-0-14-T, Jorge Font is the representative of the Puerto Rican Socialist Party in this community, and th.%t the Puerto Rican Socialist Party is directly affiliated to Fidel Castro in Havana, Cuba, and is a bonifide member of the Communist International. And I would like for Mr. Font to clarify for this community how the Puerto Rican Socialist Party is functioning in Wynwood and in the rest of the Puerto Rican community. 11. AFFORDABLE RENTAL HOUSING PROGRAM Mayor Ferre: We have a distinguished member of the Florida House, Bob Reynolds who is here. Representative Reynolds, are you still here? If you would get him, I would be happy to ... is lunch here yet? Would the members of the Commission like to take a break now or would you like to work for a little bit further on? All right, Mr. Reingold, with all due respects —all right-, we have the Jewish holidays coming up and Mr. Reingold has requested that this item be taken un so that ... he has to get on a plane and get to Caracas, Venezula in time... (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: You have to get to the synagogue on time. Well, I was trying to help You. All right, Mr. Reynolds, you first and then Mr. Reingold is next, Mr, Robert Reynolds: Mr. Mayor, if we could. I'm waiting on some other. people. If we could temporarily pass this. Mayor Ferre: All right. we'll take you up in a moment. All right, Mr. Reingold and Dena Spillman. What item is this housing? 6 and L All right, we will now take up items 6 and 7. so those of you that have to get going.... all right. Take up item 6. The Chair recognizes Dena Spillman. Mrs. Spillman: Mayor. I'll be very brief on this. At the last meeting. you asked us to come up with an RFP for developers to produce 1.000 units of housing under a program which is described in your package. The program is necessary for bond counsel to get the bonds validated in court. That's why that must be approved -today. The invitation for proposals will be sent out as soon as the Dade County Commission approves this program which they must do. We will take it to the County Commission on October 2oth. I believe. which is their next meeting. We have had fairly positive response from the County thus far. I would like to ask one other thing. You have a schedule in your package. The schedule is rather long. There are .. �i Mayor Ferre: And unacceptable. Mrs. Spillman: All right, let me make some comments about that. The schedule now reflects us having to go back to Dade County every step of !' the way. Hopefully, we will not have to do this. Hopefully, our lawyers will tell us that once the County delegates this authority to us, we can 4; proceed and those steps will be out of the process. Secondly, when we estimated the schedule, we did it very conservatively...well, we did it that wav so you would know the worst side of it. Now if we... Mayor Ferre: I would say. Would you also tell us the best side of it. Mrs. Spillman: The best side of it, and again, let me .just give you one other contingency because it may affect it. If we can get the bonds validated in the lower courts wi-hout a problem, we can proceed on schedule. If it has to go to the Supreme Court of Florida, I cannot tell you how long it's going to take. And I want to get that out right now. Hopefully, our attorny's... Mayor Ferre: Who is our attorney? Mrs. Spillman: Brown, Wood. Ivey.{t , Mayor Terre: I thought we were going to use Bob Olive...r,t�' t f � 4 -- 43 2 Mrs. Spillman: We are using Brown, Wood, Ivey. L3 Mayor Ferre: I thought we were going to use Olive, you know, Farris Bryant's old law firm? Mrs. Spillman. we've been using Brown. Wood on the bond issue since it was passed. Now their opinion right now is it has to go to the Supreme Court. That's what they're telling us. We'll be meeting, with them next week and trying... Mayor Ferre: That's why I wanted to use Olive and the other guy. Mrs. Spillman: Hopefully, we can get around that. The other thing, Mayor, and this is a decision the Commission will have to make, the way the schedule is set up is that we do not buy anv land until. the bonds are validated which we know slows up the process. Now we have already received appraisals on about 3 sites. If the Commission would so choose, and we could decide this in November, we could advance other City funds to buy some sites and get the program, at least get that started, and then pay it back if the bonds are validated. I'm not going to say when, I'm going to say if. But that... Mayor Ferre: Now Dena, the only problem that I have, the main problem . that I have with the scheduling is this. You're going on RFP's, okay, on October 22nd, 1981. Okay? Now then a contractor comes in and he makes a proposal and... } Mr. Lacasa: 60 days. Mayor Ferre: In 60 days. Is that right? That puts us into what? } February something or other? i Mr. Lacasa: It will Put us in December. 4 Mr. Gary: December. , Mayor Ferre: Then after that. we don't get started until when? I mean. once we select xyz corporation. when does xvz corporation start building houses? A year later? i, Mrs. Spillman: Well. according to this schedule. they wouldn't start j until December of 1982. However. I think we...let me Put it... Mayor Ferre: Okay. The part I'm trvine to sav to you is that nobody in his right mind could make a proposal to you in December of 81, wait s till December of 82 because you know, everything changes. Prices of concrete go up. Prices of everything goes up, and interest money changes, you know... Mrs. Spillman: If things go very well, and again, no one ever knows how l things are going to work, theoretically construction can start in August. But again, it depends on the Supreme Court of Florida. We will try and make every effort, obviously, to get this thing rolling. I mean. we have the same interest. Mr. Lacasa: Why don't we get, on the part of the City, the type of schedule that will address the issue: which is housing? And if we have to experience delays because of outside elements which are not under the _ control of the City of Miami, such as the Supreme Court of Florida. well that is something that ve have no control aver. I think that our _ ot.n; sc;:edul.e, the one that we control up to the point that we can — control it, should be as expedient as Possible becz-use thf: need is today. and that is what we have to address today. VPat we cannot control, we cannot control. but what we can control. we have to shorten it to the minimum. Mayor Ferre: Okay. Let's move on because it's almost 1:00. Anything else, Dena? .44 9 OCT 71�81 Mrs. Spillman: That's it. You have the items before you. Mayor Ferre: All right. Counselor, you are here....... Mr. Traurig: You made the Points which we would like to have made. Mayor Ferre: Who are you here representing. Mr. Traurip.: I'm renr.esentine ter. Reineold, one of the respondents to the Requests for Proposals. Mayor Ferre: Well I congratulate both of you and ... wouldn't you say, counsellor that this is one more progressive thing that this City of Miami Commission and this Mayor are doing for the well-beine of this community? Mr. Traurip_: Mr. Mavor. you pave me the speech and I don't... Mavor Ferree No, I don't...... Mr. Traurie: The answer is yes, I do think it's... Mayor Ferre. I don't want a speech but I ... because I'm concerned that some people seem to expres the pressures of, and I call it, instead of the Ides of March. we call it the Ides of November. where oeople seem to eet confused or pressured into thinking that perhaps that the leadership of this community has not been what I think some of us consider that it has been. Mr. Traurig: This is not a paid political speech, but as one who has observed the lack of concern on the part of public officials for the creation of the housing that's needed by low and moderate income people, I applaud the Mayor and the City Commission for taking this dynamic step. Mayor Ferre: All right. And I would ask those of you that are going to be in the synogogue tonight, to as you pray, just keep some of us in mind. Not all of us, just some of us. And that goes for your too, Dena. Mr. Traurig: Yom Kippur is very generous. We absolve all of our sins for the year. Mayor Ferre: I know. I just want you to absolve some of ours too. All right, is there anything else to come up before this Commission on this ... do we need to vote on this? Is there a motion? Mr. Lacasa: I move it, but the questions is then are we satsified with the schedule? Mayor Ferre: The schedule is going to be revised. Mr. Lacasa: It'i going to be revised. Shall be vote a deadline on our motion for the schedule? Mayor Ferre: I think that she should come back with a revised schedule and let her be sole advised and guided by the statement made by Commissioner Lacasa who I think represents the will of the majority here on this Commission in his expression. Mr. Lacasa: Okay. Based on that, I move it. Mayor Ferre: Is there a second? Father Gibson: Second. Mayor Ferre: Further discussion? Is this item 6 we're voting on? Mr. Gary: 6 and 7. Mayor Ferre: We have to vote separately. All right, call the roll on 6. 45 The following resolution was introduced by Commissioner Lacasa, who Moved its adoption: RESOLUTION NO. 81-847 A RESOLUTION APPROVING IN SUBSTANTIALLY THE FORM ATTACHED HERETO INVITATION FOR PROPOSAL AFD PROPOSAL SUBMISSION GUIDELINES FOR IMPLEMENTING THE AFFORDABLE RENTAL HOUSING DEVELOPMENT PROGRAM. DIRECTING ThE CITY MANAGER TO SUBMIT THE INVITATION AND GUIDELINES TO METROPOLITAN DADE COUNTY COMMISSION FOR APPROVAL AND AUTHORIZING PUBLICATION (Here follows bodv of resolution. omitted here and on file in the Office of: the Citv Clerk). Upon being seconded by Commissioner Gibson. the resolution was passed and adopted by the followinv- vote: ,. ter:' a AYES: Commissioner Joe Carollo Commissioner Armando Lacasa Vice-Mavor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre � % x t r =9 NOES: None " i ABSENT: Commissioner J,. L. Plummer, Jr. 12. APPROVE IMPLEMENTATION OF AFFORDABLE RENTAL HOUSING PROGRAM Mayor Ferre: Now on 7. Is there a motion on 7? Lacasa moves 7. Father Gibson: Second. Mayor Ferre: Gibson seconds 7. Is there further discussion? It's related to the same issue. Further discussion on item 7? Call the roll. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-848 A RESOLUTION APPROVING THE IMPLEMENTATION GUIDELINES FOR THE CITY OF MIAMI'S AFFORDABLE RENTAL HOUSING DEVELOPMENT PROGRAM, DIRECTING THE CITY MANAGER TO SUBMIT THE GUIDELINES TO THE MEETROPOLITAN DADE COUNTY COMMISSION FOR APPROVAL AND TO IMPLF-HENT THE PROGRAM (Here follob:s body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gitson, the resolution was passed and adopted by the following vote: .46 I 1' 0 t AVISIV COMissioner Armando Lacasa Commissioner Joe Carollo " Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner J. L. Plummer, Jr. THEREUPON, THE CITY COMMISSION WENT INTO A BRIEF RECESS at 12:55 P.M.. reconvening at 2:15 P.M.. with all members of the Commission found to be present except for Commissioner Carollo. 13. PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS PROCLAMATION: PROCLAMATION: PROCLAMATION: Declaring the month of October, 1981 "MIAMI: A FIRE - SAFE CITY" Presentee to Fire Chief Herman Brice. Declaring the week of October 9 to 18 "HISPANIC HERITAGE FESTIVAL WEEK". Presented to the Festival's Chairperson Mrs. Mercy Diaz Miranda. Proclaming October 9, 1981 "DIA DE LA INDEPENDENCIA DE SANTIAGO DE GUAYAQUIL". Presented to Mr. Harry Escandon, President of Sociedad Ecuatoriana de Miami. r { "iI h .$ t 7 ahS 3 v t v 6't7t�#'� _ tq+, t �1 14. A.P.A. AWARD OF 14ERIT TO CITY BY AMERICAN PLANNING ASSOCIATION Mayor Ferre: All right, we have a presentation in reverse. And Mr. Rov Bardon of the Florida State President of the American Planning Association has a presentation to make. Yes. sir. Mr, Bardon. The Chair recognizes vou. Mr. Roy Bardon: Our local consulting firm, and I happen to be also the President of the Flnriria rt,a'tor of the American Planning Association. We have a membership nation --wide of about 25,000 professional •.nd lay- persons and elected officials, in the state of Florida who are concerned with planning and practice urban planning. In Florida, we have approximately 1,000 members half of whom are professional urban planners, such as your own professional staff, Jim Reid, and Joe McManus that run your Planning Department here. The other_ half of the 1,000 members are like yourselves, elected city commissioners, or county commissioners. and also concerned citizens and zoning board members who work at making urban planning and community aevelopment conform to the goals and objectivQs that we set for ourselves in the State of Florida. Each year the Florida Chapter of the American Planning Association recognizes, therefore, distinguished and significant planning projects throughout the state. And they are submitted, generally, by the professional staff or citizens of the community for consideration by a iury of professional people in the state. This year. the City of Miami received one of those awards. There were 52 such significant projects submitted by communities throughout the state. 16 of those submissions won awards, and the City of Miami was one of those distinguished 16. We*re very proud as citizens and professionals... Mayor Ferre: Don't let the Miami Herald hear that. Mr. Bardon: ..An community planning throughout the state. that the Citv of Miami has such a distinguished Planning Department and that the Citv Commission and its Mavor and its staff support that strong planning effort. I've worked personally with many of the staff persons on Your current zoning ordinance that's coming up for adoption in December. and I can attest to the fact of the strone professionalism of the staff and dedication too. Therefore. it's a distinguished pleasure on my part on behalf of all the members of the Florida Chapter of the American Planning Association to give the City something rather than asking for it. And therefore, we present this award which is the 1981 Award of Merit, to the City of Miami, Florida for preparation of its Capital Improvement Program, which is prepared by the Planning Department with input from all city departments. and is a 6 Year program which the C tY adopts in Principal each year, from which You draw Your annual budget. It's a distinguished document. It has been on-eoine now for several vears. about 4 Years, and it is recognized by the peers throughout the state as one of the most significant Capital Improvement Programs, and we're very proud to present the award to you. (APPLAUSE) Mayor Ferre: Thank you. On behalf of the City of Miami, I welcome this award and 1 will send it on so that Mr. John McMullin will be able to put it on the walls of the Miami Herald... Mr. Bardon: 14ayor, that's your copy now. We gave the Planning Department and Joe a copy. So we hope you will put that somewhere in City Hall so that... Mayor Ferre: All right, I would like to have this award of Merit from the Florida Chapter of American Planning, Hr. Manager, put at the entrance to the City of Miami as a reminder to those who sometimes like to criticize. OCT 7 1981 r kr. Batdon: Thank you very ouch. t 15. LAW ENFORCEPIENT APPRECIATION FOUNDATION FUND IN PROPORTION TO SWORN OFFICERS OF DfETRO, ETC. Mr. Plummer: May I inject a point of, not personal privilege, but a courtesy extended to Commission. Representative Bob Reynolds is here on item 52. 1 would hope that we could take this out of order so that they could get back, and he can go back up to the Legislature to do what needs to be done bringing all those great dollars back home to South Florida. Mayor Ferre: We're always happy to take things out of order in what is called legislative courtesy to other members that serve the people, and especially in this case of a man who serves not only this community, arid the community that elected him, but the City of Miami is especially proud of Bob Reynolds. Representative. Mr. Bob Reynolds. Thank you very much, Mayor. Thank you Commissioners for those kind remarks. I certainly appreciate it, and I'm very privileged to be here to speak on behalf of the Law Enforcement Appreciation Foundation, a non-profit organization tl.at was established to assist law enforcement officers throughout thiF county and this state. I've been acquainted with the organization for some time. And today, we're requesting your favorable consideration of appropriation of money as a start up cost for a stress reduction center that will be made available to all law enforcement officers here in Dade County. This program I think is of inherent value to the City from a cost effectiveness standpoint. When I was a law enforcement officer back in 1976, I had the opportunity to establish a stress reduction program with the City of Miami Police Department while working ag Q training officer, and we had some fantastic results. Its been estimated that a law enforcement officer at the age of 35, who is disabled through a stroke or some other medical related disability will cost the City in a retirement or pension benefits, some $500,000. And I think if we want to look at the quality of life of a law enforcement officer and certainly the productivity of that officer while employeed with the City, we must have this type of program to insure the health, mental health of the police officer in a very stressful occupation. Law enforcement officers in the state as well in the nation have one of the highest rates of cardio-vascular disorders, heart attacks, suicides, divorce, and a number of other related problems which certainly impact quite significantly upon their performance in the field. With that, I'm gol.ng to close and ask that today that yOu give a vote of confidence to your officers on the street and appropriate this money to this well deserved project. Thank you very much, Mr. Mayor. Mayor Ferre: This is item 52. Anybody else who wants to speak on this? Mr. Reynolds: I have Sergeant Rodak with me, Mr. Mayor. He would like to inject a few comments. The President of the FOP. Mayor Ferre: Sergeant. Sgt. Rodak: Walter Rodak, president of the Street. Miami FOP, 2300 N.W. 14th I spoke before on this issue, and there mind, especially this last month where is no question in my you've past 33 days. I was out on the scene the other had 3 officers shot in the evening when they the two Latins that shot Officer Rossback. captured I talked to them on the street, and there is no question in my mind stressed that these officers have out. They keep cowing to we asking What are we going to do? Not only the we, what are we going to do? older officers. I'm sure at this time, the rookie officers, it's the younger that was riding Officer Rossback, had 3 hours on the street, with he's already feeling the 49 OCT 7 ��81 A r Sgt. Rodak (continued): stress. I'm sured that Nathanial Broome's partner, who is a rookie, is also feeling the stress. And the Fratneral Order of Police endorses this project and we look for your support. Mayor Ferre: All. right. Anybody else? All right, at this time, I'd like to make the following statement and make a motion. Father, I'll pass the gavel over to vou. All right. I would like to just make a brief statement, Father., if I may, before making the motion. Father Gibson: Yes, sir. "- Mayor Ferre: Gentlemen of the Commission, I cannot think of a more important move for the City of Miami to make than to help a group of private citizens create a stress center for the Police Department. The _ Police Department in the City of Miami are a group of men and women that are unquestionably overworked, in a very very difficult, in a very tough place; Miami. Now, we're not the only place where crime is going up. We're not the only place where organized crime functions, or where murders occur, ur where the drug money becomes a part of every day life. However, our Police Department and our police officers are feeling the impact of that on a daily basis. I heard at one of the meetings that I was privileged to go to on this matter, from a Miami psychologist. A psychologists that does work with the Miami Police Department, 'chat three quarters of the Miami Police Department have either been divorced or are involved in some kind of alcoholic treatment. Now that is absolutely unbelievable _ if you think of the impact of that and what that means is people don't get divorced because they want to get divorced. Nobody wants to marry somebody with the idea of divorcing. When you have that high an incident of divorce, and that high —and people don't become alcoholics because they want to become alcoholics. There are reasons for people when they become alcholics, or divorce. And I think that the reasons are that these men an women are under tremendous stress. But I want to tell you that the stress is not just on the officer, that stress is on the wives, and husbands and on the children who are also affected by this. I think this is something that is long overdue and much needed. Now why shouldn't it be a part of the City of Miami Police Department. Well, because upfortunately, properly or. not, when an officer goes to the shrink, to use the vernacular, there is a•stigma placed on it immediately. There's something �i wrong with this guy. So when that person then comes up for promotion, somebody says, and it's the same kind of a problem that poor Senator Eagleton, you remember, Father, got under. Well, he went to a psychiatrist, —; and he can't really be the Vice -President of the United States. Well, he went to a psychiatrist, and he's really not worthy of being promoted to a lieutenant. Now that is terrible, it a wrong, it is unjx_', it is �i improper, but it happens. And therefore, I think that the psychological —j and the psychiatric problems that may be afflicting officers that are �{ serving are best attended to if there is no stigma involved. And the way you avoid stigma is by getting it out of the Police Department as such. The person has... if yo_ and I in our jobs have problems, psychiatric problems, { what we do, or whether ... when we go to a psychiatrist, that's our business. That's not the business of my employer. Now if it affects the officer in his performance of duty, the Police Chief and the brass have a right to become involved in that. That's something else. I'm talking about under the normal course of business of an officer who needs psychological assistance and who is reluctant to get it at the police station. That's not the place where you should have psychological help. And therfore, I think that this is something whose time is long overdue, where it is being done in other coulmunities. It is working, and I. rim a strong advocate of it. And therefore, I move you, sir, the City of Miami go on record in support of this $100,000, the tanager be instructed to negotiate how and when the monies are disbursed and coma, back with a recommendation on the following conditions; I have two conditions. One is that the funding be in conjunction with the funding of Metropolitan Dade County. I do not think that it is fair for the people, the tax payers of the City of Miami to go out i�nd fend something if l:etropoli.tan Dade County which is the main big government in town refuses to do so, we're not going to be carrying this. There's no way we can carry and fund this — alone. And that's not fair to ask us to do it. I'm not going to impose on you Coral Gable, Hialeah and Miami Beach, even though we .50 Mayor Ferre (continued): should, but I'm not going to do that. I'm just going to say that Metropolitan Dade County carry its fair share. And secondly, when I say fair share, that the amount of contribution made by Metro is in proportion to the officers that we have. If we have 1,000 officers which is what we will have by the end of this year, we will put up $100,000. If Metro has 2,500 officers, then they should put up $250,000. And it ought to he in that proportion. Now, and mind you, I think that is fair, we're not saying that we're going to do it in proportion to our budgets, which is really the fair way of doing it because then they would have pay 10 times more than what we're paying. But I think we're going to do it just based on the number of sworn police officers at the time of the contribution. Those are the conditions on my motion. Mr. Plummer: All right, would you repeat the motion. Let me make sure I understand it. Simply. Mayor Ferre: The motion is that we proceed with this contribution, that the Manager be authorized to negotiate how and when the money is paid, and that it be on the condition that Metropolitan Dade County also fund and that number four, that the proportion of funding be in accordance to the number of sworn personnel... Mr. Plummer: Well Mr. Mayor, my... Mayor Ferre: ...if we have 1,000, it would be $1,000 per sworn officef, if Metro has 2,500, it would be $1,000 per sworn officer. Mr. Plummer: All right. Mr. Mayor, the original formula was that way based upon the number of policemen that you have. Also, I would hope you would include, and I would like to serve, under the Charter, they have to have a member of this Commission on their board, and I would hope that the latitude in that motion is that I would ... if I am chosen by this Commission, to serve with the Manager on the determination of those funds. Mayor Ferre: Well Plummer, let me put it to you this way. After November the 4th, I certainly would have no problems. If there's another Mayor here you might have a problem. Mr. Plummer: What about if we have no Mayor? Mr. Lacasa: Is that a motion? Mayor Ferre: The first was part of the motion, not the second part. Mr. Lacasa: I mean the Plummer part. Mayor Ferre: The Plummer part I have no problem in including. Father Gibson: All right. cussion? Discussion? Call the roll, please. Mayor Ferre: Wait a minute, somebody wants to say something I think. Mr. Reynolds: Mr. Mayor, if I might, I'd like to introduce Mr. Chuck Brownlee who is with the LEAF Advisory Board and in charge of fund raising effort. I would iike to inject one thing, Mr. Mayor. As Chairman of the Crime 'Task Force here in Dade County, we will be soliciting the State of Florida to put in thr�r fair share also. Some $800,000 to $1,000,000 this next year. It's going to be a priority item. Mayor Ferre: I will not make that as a pre -requirement of ours, but I think Metro's we should because it's fair. Mr. Reynolds: Certainly. I'm in full agreement with that. Mr. Brownlee. Mr. Chuck Brownlee: Mr. Mayor, thank you for your kind remarks and your motion, and we certainly mould appreciate any consideration that you can give. I would ask, however, Mr. Mayor and esteemed members of the Commission, that we're looking for a leader here. We're looking for a .51 OCT 7 19Q1 4 .0 Mr. Brownlee (continued): leader here. We're looking for a city* a municipality, a county who will take the lead and say yes$ we will fund our project. Mayor Ferre: You got it. Mr. Brownlee: At the present time, we have a Metro government who is saying we want to wait and see, and we have a city government who is saying we want to wait and see, and time is of the essence. Now obviously, we will walk out of here very happy with anything that you feel that you can give us and to help us get started. But the important thing is we need to get started. And I would ask that you take our word that we have, and you have received documentation of the amounts that we are requesting from Dade County from e-;-ryone of the municipalities that you would consider making that move without the condition that others, or that other one fund so that we can say with pride that the City of Miami took the step forward, believed in us, put representation on our board and we would appreciate that consideration in that notion. Mayor Ferre: This is a matter of long standing in the City of Miami Commission. Let me explain it to you properly. The people that live in the City of Miami also live i.n Metropolitan Dade County. We are continually faced with the issue where Metropolitan Dade County gives us a real rough time. I went out, I went to the County Col.imission yesterday to request something which was of very special interest to this community. I want to tell you that I was treated so roughly by 3 members of that County Commission. And it wasn't me personally that they were knocking around, they just had this tremendous antagonism to the City of Miami. Okay? And I want to tell you something that I just..of course, I've got to bite my tongue and keep quiet because we're asking them to do something which is in their benefit. But they have such tunnel -vision, some of those people that they don't understand it. Now, we're not any where near the same way with them as they are with us. But we cannot fund somthing on our own because in the first place, that $100,000 is meaningless to you unless you get other funding from the other governmental bodies. And I just would tell you that as a long established procedure here we do it that way, because if we don't, let me tell you what's going to happen. You're not going to get Metro to come up with any money. As a matter of fact, you know and I know that the quickness with which this Commission moves to help you, you've got 1/10th of that. And that's why these police officers and the fire officers and the people of Miami every time consolidation comes around, they sometimes get angry at me and the members of the Commission. But when it comes to bullet biting time, when the nitty-gritty comes to the issue, they don't want consolidation. And they don't want consolidation because of the difference of how this Commission reacts as compared to that Commission. And so, I understand what you're saying, but we've got to do it this way, and it's in your best interest. Father Gibson: All right, any further discussion? Mr. Plummer: The only thing, Father, I wanted to add, Bob, I hope you can read between the lines of what the Mayor is saying. This is something we've done in the past, I think one of the reasons they're putting me on the board is to keep this Commission appraised. And if Metro doesn't do what they should, it would be my responsibility to bring that immediately back to this Commission's attention, and then the Commission can do what they want. What we're really saying is we want Metro to have the opportunity to refuse. I think you can read between those lines. Mr. Reynolds: No question. And thank you very much and for your past support of law enforcement issues. Father Gibson: All right, call the roll, please. .04 f1f t The following motion was introduced by Mayor Ferre, who moved its adoption: MOTION NO. 81-849 A MOTION OF THE CITY COMMISSION GOING ON RECORD IN SUPPORT OF A REQUEST FOR FUNDING IN THE AMOUNT OF $100,000 FOR TdE ESTABLISHMENT OF A LAW ENFORCEMENT APPRECIATION FOUNDATTiN POLICE OFFICER STRESS CENTER 01 CONDITIONED UPON TH'6 FOLLOWING: E „ 1. THAT FOUA7DING OF THIS STRESS CENTER BE IN CONJVNCTION WITH FUNDING FROG, METROPOLITAN DADE COUNTY; AND 2. THAT THE AMOUNT OF THE CONTRIBUTION TO BE MADE BY METROPOLITAN DARE COUNTY BE IN PROPORTION TO THE NUMBER OF POLICE OFFICERS THEY HAVE AT THE TIME THE CONTRIBUTION IS MADE _j Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: NcOk ABSENT: None FOLLOWING ROLL CALL: Father Gibson: I want to ask a question. I hear Commissioner Plummer saying that he's on...I mean, we're going to offer him for the board. Anybody from the Police Department going to have any part to play with you all in this business? Mr. Brownlee: Commissioner Gibson, we have an advisory board that is made up of every one of the police chiefs of the municipalities and Dade County, and we have the endoresement as well of the Association of i Police Chiefs. But we have heavy input from the acutal law enforcement leadership in the community currently. We're also determining, and when we build this stress center, that obviously there the consumer group, ' or the police officers and their families are going to have a great deal of input in the design of the facility and the programs that they ! want. So, yes, sir. Father Gibson: Do you know what...Plummer, you could tell where I am , I raise money. You know what would be nice? All of these CL,mmissioners up here really feel strongly about that facility, next time we have our meeting, you know, we the Commission lay it on the line. That's the way we build churches and operate then. We always believe that if a guy really loves the lord, lie goes in his pocketbook and... Mr. Carollo: Want to pass the plate, Father? Father Gibson: Okay. I don't want to vet in that because that's new to you all, but I sure feel... Mr. Plummer: Yeah, but Father, it's also said a successful church - is a mortgaged church, and we can't mortgage the Police Department. 53 OCT 7 1981 r M Father Gibson: No, sir. Let me tell you this. I think God is successful, and we happen to be one of the few that has no mortgage. That's right, that's how we do it. Anyway, the motion is passed, carried, okay. 16. REFER TO MEMORIAL CO'_!MITTEE A REQUEST TO DESIGNATE A PORTION OF N.W. 20 STREET AS "AVENUE OF THE AMERICAS" Mayor Ferre: Now, we have Mr. Isidoro Rodriguez, who has been sitting here patiently all afternoon, and we have Mr. Murray Pelsman. Mr. Pelsman, would you stand up and come up to the microphone and be recognized? Now ladies and gentlemen, Mr. Pelsman is the President of the 20th Street Merchants Association, which is over 500 mostly Cuban and other Latin merchants who have stores on 20th Street. Now these 500 stores are responsibl? for a tremendous amount of economic well-being to this community. Thousands of people that are gainfully employed because of these stores. I was going to say little stores, but some of them aren't so little, along 20th Street. I have the following letter which has been requested that I place before you. "Your honors, I would very much like to convey to you our association's petition to add to j N.W. 20th Street from 27th Avenue, eastward to 8th Street the following demarcation on the avenue district." They want the name Boulevard of the Americas. "And to nominate our district "Commercial Center of the Americas placing the flag of the Latin American countries on the poles of the intersections at that district. Our area has been developed very rapidly into a large commercial and industrial area, catering mostly to buyers from Latin America and the Caribbean. In the past two years, nearly 400 new businesses have been opened and another 200 more are expected to open before the years end projecting another 600 by 1982. There are 4 banking institutions interested in opening branches in our district which will, without any doubt, add to the importance of our"...I can't read the last word. "I know you will please us since this is part of your plans to make Miami the center of commerce and industrial activity of the Americas." The request simply is as we did with Martin Luther King Boulevard, and as we've done with Dorsey Boulevard, and as we've done with other boulevards, like for example, Cuban Memorial, that we of course maintain the address of N.W. 20th Street, but under 20th we would say Avenue of the Americas. I think that is a reasonable requests. T think these merchants are well deserving of that type of support from this City, and I would like to so move for Mr. Pelsman, that the City so designate that portion of N.W. 20th Street from 27th Avenue to 8th Avenue as the Boulevard of the Americas. We have to do it through a public hearing process, you realize that. So this is a motion that a public hearing be held for the purposes of renaming that portion of that street in that name. Mr. Plummer: Second the motion. Father Gibson: Discussion? Call the roll, please. uk 1 i y h t (3 � 4 a The following motif► wgo introduced by Mayor Ferre, who yea its adoption: MOTION NO. 81-850 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO REFER A REQUEST MADE BY MR. PELSMAN, REPRESENTING THE "20TH STREET MERCHANTS' ASSOCIATION" TO THE CITY OF MIAMI MEMORIAL COMI-IITTEE TO CONSIDER THE DESIGNATION OF A PORTION OF N.W. 20TH STREET FROM N.W. 8TH AVENUE TO N.W. 27TH AVENUE, TO CARRY THE ADDITIONAL DESIGNATION OF 11BOnEVARD OF THE AMERICAS" Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa Mayor Ferre: Okay. Well.that was quick. 17. ORDERING RESOLUTION: KIRKLAND SANITARY SEWER IMPROVEMENT SR-5478-C Mayor Ferre: The next item that comes before us is a public hearing at 2:30, which is a resolution no. 81-687 authorizing the Clerk to advertise for sealed bids for the construction of Kirkland Sanitary Sewer Improvement. Is there anybody here who wishes to speak to that issue? Mr. Plummer: ghat number? Mayor Ferre: Item 51, a public hearing at 2:30. Father Gibson: Move. Mayor Ferre: All right, its been moved by Father Gibson and seconded by Commissioner Lacasa. Is there anybody here who wishes to speak to this issue? If not, call the roll for the advertising of the bids. 1 5 OC i 7 1981 C r The following resolution was introduced by Commissioner Gibson, who Ifted its adoption: RESOLUTION NO. 81-851 A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 81-687 AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR THE CONSTRUCTION OF KIRKLAND SANITARY SEWER IMPROVEMENT IN KIRKLAND SANITARY SEWEP IMPROVEMENT DISTRICT SR-5478-C (CENTERLINE 011'WER) (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None 18. DISCUSSION OF EXISTING SEWER PROJECTS ON FLAGLER STREET AND DAMAGE CAUSED TO BUSINESSES BY RECENT HEAVY RAINS Mr. Plummer: I would like all of the Commission, when you have time, to talk about a very important section of this community, to go to Flagler Street and 12th Avenue, and I want you to look at the sanitary sewer job in that neighborhood. It is atrocious. Mayor Ferre: 12th Street and what? Mr. Plummer: 12th Avenue and Flagler. Mayor Ferre: Well, I want you to go look at it ;n 8th Street where I... Mr. Plummer: I want to tell you, Mr. Gary, I hope you go down there and look at those streets and look at the condit-jn of that neighborhood. It is now on a year. And I want to tell you something, when these bids come up, I'm going to remember who these companies are because I can tell you, I am fed up. Mr. Gary: You've got a conflict. Mr. Plummer: You're damn right I have a conflict. I'm a tax payer. Mayor Ferre: Mr. Manager, Marie is going to go get me a photograph that I gave to Nestor, my assistant, that a man gave me after the flooding on Flagler Street. Now, sir, that gentleman lost $9,000, and he called up the Public Works Department, according to him, now you know there are always two sides to issues, and he said lie was treated very rudely. And basically what lie was told is look, you're on your own. It's your own problem. He said 1 just put a new rug, all my merchandise was ruined. I'm a tax payer to the City of Miami, and it's your fault. 1 said how could it be our fault? I mean, we don't control the rain. He said, well come here and I'll show you. And right outside of his store, there .56 - 0 0 Mayor Ferre (continued): was a hole that was dug about 2 feet deep f6t a plant that is being planted by us. A tree. That hole has been open for about a month and a half. Okay? Mr. Plummer: No, no. They've come this week and closed all the holes back up. Mayor Ferre: Well let me tell you what they did. Now Mr. Kern, I want you to listen to this. They dug the hole ... that's not you, that's Public Works, okay. All right. Where's Public Works. I want you to listen to this. They dug the hole up, they left the dirt on the side for a month and a half. The rains came, you know, 6 inches in one day. The rains took all of that dirt and washed it down and it went down the normal sewerage, water sewer thing that we have, and of course, it In other words, all. the dirt that washed plugged the water sewers. down, plugged up the sewer drain, and sure enough, the water nad no place to go and went up 3 1/2 feet, obviously ruined his whole store and all his merchandise, lost $9,000. Now flood insurance, he's not covered by that, you know, on Flagler Street, and he claims that not only t have we, are we responsible, we've done nothing to support, nothing to help and we were absolutely rude to the man. Now I don't know whether that latter part was true, but I certainly think, I would like to _. request that the City administration send somebody down to discuss this _ matter with that man tomorrow, and I want to see whether or not if we can, if there may be some insurance :.lause in the contractor, or somewhere where we can give relief to all those merchants who lost thousands of dollars and it may be our fault. I don't know. I'm not saying that it �t is, I'm not saying that it's not but I'm going to show you in a moment when Nestor... Nestor, where's the photograph? Do you want to run up and bring it down to me please? All right, we're going to keep on going into something else, but I'm going to bring this up in a little while. 19. AUTHORIZE PROFESSIONAL SERVICES CONTRACT: COST REVIEW AND AUDITS -CONVENTION AND CONFERENCE CENTER Mayor Ferre: What is the next item we're going to take up? 9(a). All right, take up 9(a). Mr. Grimm: Mr. Mayor, number 9 also, please. Mayor Ferre: Xes,sir. Mr. Plummer: getting McMillin to write that out of petty cash. Mayor Ferre: I thought it was $400,000? Mr. Plummer: That's item 1, Mayor Ferre: What is this for" Mr. Grimm: This is to hire a CPA for the purpose of helping us with audits on the Mayor Ferre: Lacasa moves item 9. Plummer seconds. Further discussion on item 9? Call the roll. r� _� t 0"T 7 1981 C The following resolution was introduced by Commissioner Plummer , who a6ved its adoption: RESOLUTION NO. 81-852 A RESOLUTION AUTHORIZING TPE CITY MANAGER TO ENTER INTO THE ATTACHED PROFESSIONAL SERVICES AGREEMENT WITH E. P. IACONIS, CERTIFIED PUBLIC ACCOUNTANT FOR COST REVIEW AND AUDITS AS NECESSARY AND AS DETERMINED BY THE ASSISTANT CITi MANAGER IN CHARGE OF THE CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER PROJECT OR THE PROJECT DIRECTOR; FURTHER AUTHORIZING PAYMENT FOR THESE SERVICES, INCLUDING EXPENSES, IN AN AMOUNT NOT TO EXCEED $30,000 FROM FUNDS PRESENTLY ALLOCATED FOR SAID PROJECT (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferree NOES: None ABSENT: None 20. BRIEF DISCUSSION AND DEFERRAL: DISBURSEMENT FOR CITY-WIDE EVENTS COMMUNITY FESITVALS Mayor. Ferre: Take up 4(a), authorizing the Manager to disburse the sum of 186 for the Special Programs Account, Quality of Life Fund City -Wide Events and Community Festivals. Mr. Plummer: Mr. Mayor, that's out of order. That was deferred on your motion, sir, that none of these items would be taken up until November. Mayor Ferre: No. I don't think it dealt with this, did it? Mr. Plummer: Yes,sir. (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: What's that? I cant' understand from there. If you want to speak to the Commission, Mr.. Mendez, I'll recognize you, but go to a microphone, please. Mr. Jose Mendez: My name is Jose Mendez, and I'm the Chal--man of the Festival Advisory Committee. Here also with me is John Barrat who is a member of that committee of 5. The comment that I made from the chair was the fact that some of these items, part of this package has to be adopted today, otherwise, some of these events will not be able to take place at the date that the are already scheduled for. But that's not what I wsnted to talk about. So if you all me, Mayor, if you allow me later on, now that I have clarified that for Commissioner Plummer, I'd like to go into the other item which is part of the package. Mr. Plummer: It's my understanding that any item that is between now and when this item comes back when we will discuss the whole gamut, would be honored. This Commission has got to do such. All right? But that all of the fesiivals, on the Mayor's motion, would be withheld as well as the federal. Revem.ae Sharing monny. And we will talk about that After the election. And that's a motion standing before this Commission. Mr. Mendez: 11z. Plummer. I don't know about your motion, but let's suppose what is happening today, you are just proclaiming one of the activities, the Spanish Heritage Week, just a while ago. And this is Spanish Heritage Week is taking place within this month. You also are undertaking the urd:ge Blossom Classic, which is about to take place two weeks from now. Mr. Plummer: And we'll honor that. Mr. Mendez: So I'm here to... Mr. Plummer: Jose, let me make you understand. You been watching television for the last two or three days? Mr. Mendez: I really haven't got the time. Mr. Plummer: Well you should. It would be very educational for you. If you had seen the amount of body guards that the County Commission in both Broward and Palm Beach have had to use for their so-called budget i hearings. Mr. Mendez, sir, the $186,000 is going to get the hell whacked ii out of it if certain members of this Commission prevail. There ain't going to be the spending of $186,000. The Mayor indicated on Federal Revenue Sharing, some of these programs have got to go. The dollars are not there. Now there's only one way I know to stop it, and that's why I voted for that motion. We're going to redo it, and rethink it, and importantly, we're going to reprioritize. Mr. Mendez: Mr. Plummer, let me remind you that I am serving on behalf of this Commission. Let me remind you, that I am servicing on behalf of a resolution that was created not by us, but by every one of you. So I believe that what I'm doing here before you today is not only on your behalf, but protecting the very same resolution that you people were responsible, you know, to present to us. Mr. Plummer: Mr. Mendez, let me remind you, sir, that at the time that you were appointed and this board was appointed, financial conditions were a lot different. We did not know what Reganism was going to do. Mayor Ferre: Let's stop reminding each other of all of this, and let's get on with it.. Mr. Lacasa: Well unless there is, Mr Mayor, unless there is a resolution in force that precludes our voting on the issue today, I'm ready to vote on the issue today. Mayor Ferre: Well what's the will of the rest of this Commission? I will guide myself accordingly. Joe, do you want to vote on this today? Mr. Carollo: No, Mr. Mayor, I do not. And let me say why I don't. Because I have seen time and time again that we are making decisions not based on what's best for the City, or what really is needed, but based on the election coming; up. You know, this $186,000, r:y God, that's a lot of money. Then you're looking at another $200,000 for the Trade Fair of the Americas. Another $100,000 for the African Trade FLir, another $400,000 for this, $100,000 for that. This is ridiculous. Ie've got to put the plug in somewhere. You know, I for one am more than willj.ng to bypass all these parades and festivals and everything else. You know, my taxes along with everybody else who pays taxes in the City are paying for this and I'm paying too darn much already as it is. Thanks to these guys over here that voted for it. .59 CST 7 19 C is W, Plummer: Well, Mr. Mayor, I... (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLICE RECORD) Mr. Carollo: The church takes care of yours though. Father Gibson: No, no, no,no. Mr. Carollo: One way or another it does, Gibson. Don't tell me no. Mayor Ferre: Father, I'll tell you, I have.. a i Mr. Carollo: I can't pass the collection plate. Mayor Ferre: We have ... wait, just so we can move along. We have two members that ha:-� said that they want to hold this matter up until later, and I'm going to join them. 'They have the third vote because this is something that I think we ought to deliberate upon carefully, with a lot of time and a lot of study as to who is who, and what they're doing. Okay? Well, what their activities are for all of these... Mr. Carollo: Why don't you check it out and make sure they don't have any of these socialist communists involved in any festival there. Mayor Ferre: That's right. I want to make sure that there are no members of the PSP operating in any of these committees. You'd better believe it. Mr. Plummer: How about a guy with a white cane and a tin cup? Mayor Ferre: Is that... Mr. Plummer: The motion is already... Mayor Ferre: John. Mr. Barrot: I'll only make one remark since you're going to delay this, is that the next time that this kind of material is presented to the Commission and to the committee for review, that the staff recommendations meet the guidelines as established by the resolution because then we're going to be spending too much time at that point. So at least if we could tell the staff to follow the guidelines in the resolution as you Commissioners established it, so that at least we won't have to bring up that at the next meeting because in here there are 4 organizations that the staff is recommending funding for that don't even meet the guidelines of the resolution as you gentlemen established it. Mayor Ferre: It's a very valid point, John. You want to argue with that, Cesar? Mr. Barrot: He's by the way, and Mr. Mayor, I've seen some rudeness today from even the Commissioners and I don't like it. I in particular am a volunteer member of a committee that you appointed me to and I found that throughout the entire meeting period of this committee, the staff some of the staff. Now there was one part of the staff that was fantastic. Al Howard's staff. They were very cooperative with us. But there was another part, which we volunteers were literally treated most rudely to the point that we were told how w^ `------e if we didn't vote that way it didn't make any difference because they were going to fund it anyway. fnd I think that's absolutely... Mayor Ferre: Well 1 would hope that that is not the case, ?ohn because... Mr. Barrot: It's in the minutes of the meeting. It's incredible, and this is the gentleman. Mayor Ferre: Cesar, I hope you didn't make that kind of a statement... .60 e� f #I Mr, Barrot: You can take it out of the minutes of the meetiiig6 Mayor Ferre: ...privately or publicly. Mr. Odio: No, sir, I didn't. What I did tell them as an advisor to them, they; refused to fund the Orange Bowl Classic Parade time and time again. I told them that they -,-,ere making a mistake, that we had a duty with that Classic, that we had to fund them, that if they did not do that, I would recommend to the City of Miami to fund them. Simple as that. Mayor Ferre: But see, there's a difference between making that statement, and I would hope that that was the statement you made and not what John said because John said that you told them that that was going to be funded whether they liked it or not... Mr. Odio: I did not use those words. I said that I would recommend to i the City Manager that it should be funded, and I say it publicly that it should be funded. Mr. Mendez: Mr. Mayor, I did brought to the attention of this Commission several weeks ago the fact that not only the Orange Blossom Classic — Parade did not meet the guidelines spelled in the proposal, but that there was other organizations the same. So this is what I think that John is bringing to your attention. The fact that we want not only the committee, the citizens of this community, but also the Commissioners to adhere by the guidelines spelled out by this Commission. That's all �1 we ask. Mayor Ferre: All right. Is there anything else to come up on this particular issue? Now what do we need to do on this, Mr. Manager? Do we need a vote? Mr. Plummer: No, it's deferred until the next meeting. Mayor Ferre: So we don't -need to vote on it. Mr. Plummer: No, sir. 21. VOLUNTARY DEFERRED COMPENSATION PLAN - TE1PORARILY DEFERRED Mayor Ferre: 10 is the next one. This is a voluntary deferred compensation plan for the emplcyees of the City. Mr. Plummer: Anybody have any problem with that? =e Mr. Rodak: Walter Rodak, President of the FOP, 2300 N.W. 14th Street. _ We already have enough information on this. My concern is that it's supposed to be a supplementary system.. Mayor Ferre: What? Mr. Rodak: Supplement to the pension. Mr. Plummer: No. This is an option if you want to exercise it. This is not supplement. Mr. Rodak: That's the problem we have then. If this becomes an option, what I'm afraid the problem we're going to have is it would hurt the pension system if people participate in this program be excluded. Mr. Gary, go ahead. ,61 0:T 7 1981 Mr. Gary: The pension system is mandatory. This is option regardless of whether you to into this or not, you have to go in the Pension System. Mr. Rodak: Okay. I didn't have enough information. That was my concern. As long as this is optional in addition to the pension, I have no problem with it, Mr. Gary: This is optional. What it attempts to do, Mr. Mayor and members of the City Commission, is to give City employees and public employees the same right as private employees have with regard to having a side pension program which is tax deductible annually. The current pension is mandatory. All employees would have to join that. Mr. Rodak: Okay. That was my concern. Mr. Conner Adams: Conner Adams, AFSCME 1907. I only have one question about it. If it is optional and it's not something that an employee can chose other than the pension, I would like to see sore wording to this effect in the resolution that you want to pass today on it. Mr. Gary: I don't think it's necessary. It's in there. It's optional. Our current ord1aances with regard to the current pension makes it mandatory so there's really no conflict. Mayor Ferre: Do the union representative here want this matter held up until the next meeting? Mr. Adams: I would like to see it deferred until we can study it more. This is the first time we had a chance to even look at it. Mayor Ferret. Is there a motion for deferral? Mr. Carollo: Move. Mayor Ferre: Its been moved and seconded for deferral on item 10. Further discussion? Do you have any problem with deferral? Mr. Gary: Mr. Mayor, the only thing I would like tc caution the union members as well as the City Commission, every time they wait, they're taking potential tax savings away from their employers. Mayor Ferre: Tax what? Mr. Gary: Tax savings. Because as you contribute here, it's off your base for income tax. Mayor Ferre: Look, you've got 2 union representatives here who say that they don't quite understand this and they want this item —look, can we put it on the 22nd? Are you going to be ready to give us your opinion? Where's Wally? Mr. Gary: We may be able to resolve it, show them one thing. Mr. Adams: Maybe I can... Mayor Ferre: I'll tell you what. Conner Adams, would you and Wally and Mr. Garcia meet and then tell us. We're going to move along. t 1 F } ) t �64 r I. a 7.;i r t fi r � OCT 7 1 �Ct 22. AUTHORIZE AGREEMENT: ALLAPATTAH DEVELOPMENT AUTHORITY, INC. $50,000 FOR PERIOD JULY 1, 1981 TO JUNE 30, 1982 Mayor Ferre: 11(c). This is the City Manager to execute an agreement with Allapattah Development Authority for an amount not in excess of $50,000 in order to continue the Neighborhood Economic Development Program. All right. Mr.. Urra. We need a translator, Mr. Manager. Mr. Orlando Urra: My name is Orlando Urra, I am the Chairperson of the Community Development, Allapattah. In the first place, I would like the Commission and the Mayor to examine this program that in various ocassions it has been here and it has been funded on a temporary basis. In the first place, this program doesn't know, we don't know what type of work they are doing within the community. For example, Mr. Isidoro Rodriguez who is the treasurer who is here present, has never signed, a check. These people have not come in front of the Development Authority of Allapattah. We do not know what they are doing within our committee. On three occasions the community has met, and they have refused his program. The staff of the City of Miami has refused his program. And now the program is back here to be funded for another $50,000. Besides, we have another problem that already exists within our committee. We ask you an investigation with relations to this program. And I make you responsible what could happen in relation to this program if you approve i funds without investigating this program. Mayor Ferre: Now, I think this is an issue which we all understand. I, Mr. Manager, have not followed the administration's recommendation, however, I have very grave and serious concerns on the way those monies are being expended, and I think what Mr. Urra said in relationship to Isidoro Rodriguez is correct. And I need to have a full explanation. So I would, sir, I'm going to vote with the motion, but with the condition and the proviso on the record that in November these people come, that you instigate a full investigation as to -hat they're doing with these funds, how they are being spent and I want it done now. Because I have some very serious suspicions as to what that office is being used for, and who is involved in that office and what their activities are on a day to day basis. I don't mean to say that we go into a police state here, but I want that investigated tomorrow. I want to find out what kind of an office they're running, what they're doing, and I want that report back here for the November meeting. It can be...I don't care if you do it for the second meeting in November or the first meeting, or whichever. Mr. Urra (THROUGH AN INTERPRETER): He wants to add that on the loth of November ... the lOth of last month when he was entering the City of Miami he was accused by the director of that program in the Office of Janet Reno like if he had hit him. He has been here for 22 years, you can check his record that he never even had a parking ticket. And because he opposed this program he has been liat,led in front of Janet Reno. Mr. LaB arga had accused him of hitting him. Mr. Lacasa: Okay. Mr. l;ayor, I want to make the motion that this program be approved, and I want: to incorporate in my motion the requirements that it be investigated by the Office of the City Manager as well as the other $50,000 grant that exists for the same purpose in Allapattah. I want the two of them investigated and report back to us in November, and that is part of my motion in which I move that this grant be approved. Mayor Ferre: That's fair. Mr. Plummer: Second. Mayor Ferre: Further discussion? That's known as what's sauce for the goose is sauce for the gander. Call the roll. .63 o; . 7 1981 C The following resolution was introduced by Commissioner Lacasa, who 4Ao064 ita ad ti op on. RESOLUTION NO. 81-852.1 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ALLAPATTAH DEVELOPMENT AUTHORITY, INC. FOR THE PERIOD COMMENCING ,JULY 1, 1981 TO JUNE 30, 1982, FOR AN AMOUNT NOT TO EXCEED $50,000 PER YEAR, IN ORDER TO CONTINUE A NFTGHBOR1100D ECONOMIC DEVELOPMENT TARGET AREA, WITH FUNDS ALLOCATED THEREFOR FROM THE SEVENTH YEAR COMMUNITY DEVELOPMENT BLOCK 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. Plutmner, Jr. Commissioner Armando Lacasa Vice —Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: Note ABSENT: '-)mmissioner Joe Carollo ON ROLL CALL: Mayor Ferre: Yes, and you bring it back on November 4th. Now we .will deal with it on November 4th. All right. Mr. Plummer: We don't havg a meeting on November 4th. Mayor Ferre: Yes, we do. Mr. Lacasa: The 12th. 23, DISCUSSION ITEM: CRISIS RESPONSE TEAM Mayor Ferre: The next item is 53. Is that right? 53. Ge ahead. Mr. Kemrick Clifford: Mr. Mayor and Commissicners, my name is Femrick Clifford and I'm here as a representative of the Community Relations Board of which I've been a member for G years. As we ask the City Commission to accept our proposal for funding of a Crisis Response Team to serve the City nf Miami, it is useful to point out that: the City has supported such an arrangement in the past. In 1975, the City of Miami with the encouragement of Police. Chief Garland Watkin`, joined fri a c.operative effort with the Community Relations Board to provide funding for a Com—munity Information Center. Located in the O,ertown area. The Community Information Center was staffed with 5 city ei:-ployees who performed a variL-ty of important services from a shall office located on what has been described as one of the most dangerous streets, in Miami. There were many accomplishement achieved because the City of Miami helped to p.ovidc funds for the C.rertown adjunctof tht Ccn;unity_ Rciati.ons Board. 1f l may, I'd like to review for a momf--nt c.,t,.= of the accomplishments resulting from the City's collaboration with the CL)mm unity Relations Board during the period 1975 to 197,t When the 0l ,&rtourn Community Information Center was closed. During this period, the City of Miami staff interviewed and intervened intervened in 456 cases of disputes between residents of the city of Miami and the........ '.64 O�i 7 1331 Mr. Clifford: .... Miami Police Department. The small City of Miami staff assisted four hundred nine residents with their employment problems and three hundred four residents received help in resolving their housing problems. More than one thousand residents of the City received social services as a result of your cooperation with the community relations board. The staff helped three hundred fifty-four residents who needed assistance in acquiring or continuing their education. This small office also registered a hundred seventy-four citizens to vote. some of the other activities performed by the community information center will help to illustrate the value of your previous cooperation with the C.R.B. One, a weekly dialogue was established between police and Overtown residen wv,ich improved previously tense police/community relations. Two, the Cultural t�_;isory Council of Overtown was established by the staff and `is maintained even today by the City. The annual Overtown Kwanza Festival was originated by the Overtown Office and continues at this time. Street monitors were recruited to help insure that incident free outdoor activities could take place in Overtown. Fire victims were assisted in finding suitable housing. Rap sessions and leadership seminars for youth were held on a regular basis as a means of inspiring Overtown youth to higher levels of achievement. As we look forward towards future cooperative efforts it is our hope to see this City well equipped to handle any crisis which may occur through the use of the staff identified in the proposal under discussion. We urge you to approve the funding required to maintain vital services to the City. It is our feeling that the City simply cannot afford to go without these services which have so regularly helped to avoid crises from occurring. One only needs to consider what would have happened during the last couple of months if the crisis response system had not been available to restore order during the explosive situation caused by the eviction of Overtown tenants. Also, what would have been the social and financial cost of the Community Relations Board have been unable to respond to the continued assualts on Southern Be.l workers which completely stopped telephone service in the Overtown area. I hope you will agree with me that the services that we are requesting is a wise investment in today's troubled times. Bob Sims, the Executive Director of the Community Relations Board has met with the City Manager Gary and I would like to recommend that, that discussion continue. We have numbers as to what it would cost Mr. Mayor and Commissioners. Mayor Ferre: Clark, I think that this is an important subject. I think what you and those like you on the Committee have done is important. I must say and I'm not trying to be caustic about it, but it frankly burns me up to see that Metropolitan Dade County turns its back on one of the most important things, the C.R.B. Now, all of the sudden we are expected. And yesterday one of those members of the Commission or rather partly a member of that Commission gave me a rather... I'm not saying her name. You know, gave me all kinds of caustic B. S. as far as I'm concerned on something that... about the City of Miami always complaining about things and never carrying their fair share and, let them fund part of this and all that, as if, as if the people that live in the City of Miami don't also live in Metropolitan Dade County. That particular lady is the worst culprit of antagonism with this City on that Commission thinking that somehow she doesn't represent the people of Dade County who live within the jurisdictions of the City of Miami. And I want to tell you something, that's the kind of a thing that really creates problems. Anything that has to do with Miami right away she is automatically against. That station that we were trying to get, no logic, no reason. The first thing is she said we didn't 1-Iavc the money. When the private sector comes up and say that they will pay for it, then she had some other excuse. You know, these people arc... some of these people are really unbelievable and I would commend to you t-lat you go d wn to that County Commission before you come back to us... that doesn't mean that we are not going to do it. We will help you. We will go along wittl it. You continue talking to the Manager.. And Mr. Manager, you come bac}: and give a recommend& -ion. Mr. Clifford: Mr. Mayor, before you came into the County Commission meeting yesterday I had finished a presentation where I was going back to the County to try to get some of the funds that were taken away from us. So, I finished talking and then shortly thereafter, you came in and I heard what happened to you. Mayor Ferre: Yes, well, I'm sorry I wasn't there to see what happened to you. I probably would have felt better, but... Mr. Clifford: Oh, they ,are going to give us something I think, but... .65 OCT 7 19aoi C Mayor Ferre: Well, shame on them. C They should give you a lot more... Mr. Clifford: But if you would... if Howard and Bob can get together, I think that, that would be a good step in the right direction and I certainly appreciate your giving me the time to appear before you. Mayor Ferre: Fine, thank you, very much, Mr. Clifford. Alright,... Mr. John Gibson: Mr. Mayor, my name is John Gibson, a member of C.R.B. Mayor Ferre: Yes, sir, Mr. Gibson, we are always happy to see you here. Mr. Gibson: Well, you don't see me here very often. Mayor Ferre: Now, let me tell you, anybody by the name .of Gibson is welcome here. Now, in addition to which, besides Theodore Gibson, John Gibson is particularly welcome. We are always happy to see you. Mr. Gibson: Thank you, very much. It's very seldom I get to come before this body, but I'm here today on a very, very real issue. This issue that we are talking about today is not playing games, because with the cuts that are going down in Dade County today we will see and I'm not warning you. I'm just telling you it's going to happen. So many problems in this County that C.R.B. is dealing with on a day to day twenty-four hour basis, yoi, know, that you are not going to believe, but when things happen in the s*r^et- it's not the people who 1•ou see everyday that's in the street dealing with t'nose problems because you have to have the people who can deal with stre-�t people dealing with these problems and those are the people that Mr. Clifford was talking about. Not secretaries. Not staff people, but people who are from the grassroot, who come to 2nd Avenue, who come to 62nd Street and deal with these people and let them know what's going on. Mayor Ferre; Ok, we need to move now, because we have got an hour and a half and then this Commission meeting is over. Mr. Gibson: Ok, I just want to... yes, I just want to say this in closing, that I wouldn't be here today and I don't think you have seen me here in over five years, if I didn't think this was a very, very important thing to deal with. Thank you, very much for your time. Mayor Ferre: Amen. Rev. Gibson: Mr. Mayor, I want to make a comment. Mayor Ferre: Father? Rev. Gibson: He is a Gibson and I'm a Gibson, we are no kin, but the point... and that isn't here nor there. The point I want to make is C.R.B. is the creature of Metropolitan Dade County and it seems to me if C.R.B. is their child or children, then mama and papa ought to do something about their children. Now, I think... I would feel much better Mr. Gibson if you come in here and tell me that your mama and you papa have done their part and that they wanted me to help, because I'm the uncle, you know what I mean? Flight. Let's make sure Metropolitan Dade County gets that. message. The Mayor is right, when it gets to us they act as if the people who pay taxes in the City of Miami are not paying taxes in Metropolitan Dade County and they don't give a happy hoot about us by enlarge. So, I want to make sure you know, my Brother, I ain't going to be voting until they have already voted. Mayor Ferre: Alright, is there anything else on this issue? i z ki I yF { i5ft { rp ftj `I S '� p t# 1 �t # i F24. POLIC't' OF THE CITY COMMISSION: TRASH COLLECTION TO RETURN TO A SCHEDULE OF EVERY 5 DAYS Rev. Gibson: Mr. Mayor, Mr. Patterson is here. I wan him to answer a few questions for us. Mayor Ferre: Alright, Mr. Patterson? Mr. Patterson, if you would, sir. Father Gibson? Rev. Gibson: The man who made your presentation tell him to bring that chart back up here Mr. Mayor, telling us about all those thousands of dollars they are going to save and yet when you go out in Coconut Grove the trash and debris out there is enough to gobble us up. Now, if you are going to save that kind of money Man, somebody is either lying... somebody is not telling... you know, misleading us or something. Mr. Surana: I'm sorry, we sent the charts back to the office. i Mayor Ferre: It doesn't really matter.... S Mr. Plummer: Well, go get them comic books. _i Mr. Surana: We have the books here. Mayor Ferrer All the chart said is that you are going to save sixty-seven thousand... seventy-four thousand dollars in trash and garbage collection. Now, explain how in view of the fact of what Father is saying that you are not doing a job in the Coconut Grove area and I might say in other parts of town too, that are complaining bitterly, how are you going to save seventy-four thousand dollars. Mr. Patterson: Mr. Mayor and members of the Commission, I think there might be some confusion as to where we are talking about saving this money at. As a result of Operations Analysis, which is in the Budget Department who has worked in the Parks Department a considerable months and looking at the various types of operations that they have there, they have asked my Department which is the Sanitation Department to once again start removing the trash from around the parks throughout the City as we are collecting trash in the area which then would relieve the Parks Department of the personnel and people that they have engaged in this type of work. As such, of course, I accepted the responsibility once again. We used to do it before and we can do it again and of course, taking on some of the equipment and some of the personnel that they now have which will not cause any impact on the current level of service that we are now providing to the residents in City of Miami. Rev. Gibson: Mr. Mayor, I heard what N.r. Patterson said, but I want to tell you, all of you, if what you are telling me is what is, then I don't understand how you are going to do it. It seems to me that you ought to take that number of people and put out there and clean up this doggone City for a change. Now, to come in her.e... let me tell you what that man told us earlier is misleading. Very misleading. You talk about you are going to save seventy-four thousand dollars. You aren't saving a darn thing. You are reducing the level of service, don't give me that. I am no fool. Go on Plaza and Franklin right now. I can't even walk on the sidewalk and I walk up to the church and back daily. And go where the old Miami Times Office used to be in town and hear what the people say about: that trash and ali that garbage out there. Don't come giving me that jazz. You aren't saving no seventy-four thousand dollars. If you have it why in the devil. you don't put it in the Sanitation Department and give us more service? Mr. Plummer: Yes, I know 5 o'clock. 5 o'clock the trash is there and 5 o'clock the trash is still going to be there. Rev. Gibson: Sure. Mr. Plummer: Now, I want to know and I will wait for it in writing. Two 67 OCT 7 ff C years ago before we had the tax I got my trash differentiated from garbage picked up every fi-e days. It's now three to four weeks. Why? Now, this is ridiculous. I will take you Downtown and show you Downtown and let's also remember that two years ago, approximately two years ago our City :cervices quit picking up ga?:bage down there and they went to private haulers. Now, it just seems like to mn that the people... I. don'L know about the rest of these Commissioners, but. I can imagine we are gett.Ung comp).a:i.nts unreal about trash. No compl.aint.s at 7;1_1 ihovit gnrba.ge, none. Only my personal complainted. They won't close the gate. They won't put the top back on the garbage can and then they come and kick me in the but bocause i_t::'s .full of water. Oh, yes. Oh, yes. Yes, they throw all the litter around my damn garba.ae can and then say I keep my house dirty. Yes. Just like the crane that came in my neighborhood after three weeks the other day, would you believe it broke right in front of my house. I: won't believe that. That man I want to tell you had to sabotage that machine. There ain't no other way. Look, I make a motion that the policy of this Commission that Howar;i Gary be instructed to return to five day pick up of trash. You want to second the motion? Rev. Gibson: Sure I will second it. Mayor Ferre: Alright, who is going to pay for it? Mr. Gary: Who is goinq to pay for it? Rev. Gibson: They got seventy-four thousand dollars. Mr. Plummer: The same damn people that paid for it two years ago. Rev. Gibson: You got seventy-four thousand dollars you say you are saving. Mr. Patterson: Commissioners, Mr. Mayor, I will remind you that this department has been reducing its staff every year like every other department except Fire and Police ,and the area that we have reduced our personnel is in trash collection and we have pointed that out to you. We have reduced our staff in the last two years... Mayor Ferre: Pat, would you look at the calendar? I can't see well. What day is it today? Mr. Patterson: Today is the'7th. Mayor Ferre: And that's close to November right? October and November. Now, let's see, one, two, three, November the 3rd. Is there further discussion? (COMMENTS NOT ON THE PUBLIC RECORD) Mayor Ferre: Call the roll, would you ^ease. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 81-853 A MOTION DECLARING THE POLICY OF THE CITY COMMISSION AND REQUESTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF THE DEPARTMENT OF SOLID WASTE TO RETURN TO THE COLLECTION OF TRASH EVERY 5 DAYS. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lac=.sa, Vice -Mayor Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo r� [A 25. PLAT ArdD STREET CO' MITTET — APPOIUPING JOA,v`r�i, H0L711AUSER To MEET WITH PT,Ai NTTd C= DEPARTMENT Td DISCUSS TRANSITIONAL USES J-7 C . Mayor Ferre: We are now on Item 63, which is the next issue. I think, Joanne, you wanted that. Yes, Ma'am. Ms. Grady Lce Dinkins: Mr. Mayor and members of the Commission, my name is Grady Lee Dinkins and I live at 3201 Florida Avenue. I am representing real estate owners who have problems with Rainbow Plaza land uses.. Rainbow Plaza is located on Florida Avenue between Margaret Street and Southwest 32nd Avenue. The real estate owners have been involved with this blocks zoning for several years and of course, our problems that we are faced with right no4, number one, the home own,-rs have been here opposing for many times a change in zoning for the site. And number two, in June of this year the owner had the land replatted and recorded and on July 6, 1961 the Zoning Board granted transitional use for, Rainbow Plaza and as a result of all of this "R" District has been destroyed. And we have been working with CD and with the Coconut Grove Civic Club and Mrs. Joanne Holzhauser... Mr. Plummer: No, no, no. No, we turned that down. So, there is no transitional use. It was denied. Ms. Dinkins: I thought that the... I did not know that the transitional use is... it's been recorded and the plat... Mr. Plummer: How can it be a transitional use? Mr. Dinkins: Well, it was granted. Mr. Perez: Commissioner, transitional uses are not granted by the zoning, Board. Mr. Plummer: That's right. Mr. Perez: Transitional uses is a certain condition... Mr. Plummer: A matter of right. Mr. Perez: Exactly. If a certain condition is present, then you have the right to transitional uses. That is the case. Mr. Plummer: But we did not change the zoning of that property. Mr. Perez: rdo, the applicant withdrew the application if you will recall. Mr. Plummer: That's right. So, there is no transitional use. Mr. Perez: There is a transitional use. Mr. Plummer: Which already existed. Mr. Perez: That's correct. =` Mr. Plummer: But nothing granted by this Commission. Mr. Perez: That is correct. Ms. Dinkins: That's why we are here to talk about it, because we did not have transitional use Mr. Plummer, in the beginning. Mr. Plummer: You had to. Ms. Dinkins: It was just R-1. One family dwelling, but all the houses have been torn down and the neighborhood has been destroyed. •69 OCT ", 1981 C Mr. Plummer: That was in the study? It went to A-B? —;� Mr. Perez: No, sir. By replatting the property they acquired the trmtiti6nal —; use. Mr. Plummer: How can they do that? Ms. Dinkins: That's what we want to know. Mr. Perez: Because the Zoning Ordinance says that if a lot is adjacent on the side lot line to a commercially zoned district, then automatically for one hundred .feet it acquires, that lot acquires transitional use. Mr. Plummer: Oh, I see what- you mean. I see what you mean. Mr. Lacasa: And is there any remedy... anything that we can do to... Mr. Perez: No, sir, it's a matter of right. Mr. Plummer: There is nothing you can do on that. There is no control we have. Ms. Joanne Holzhauser: I am Joanne Holzhauser, ? live at 4230 Ingraham Highway, Coconut Grove. The Plat Committee works in misterious ways. It's wonders to perform J. L. and that's why we are here. This is a perfect example of what is happening all over the City of Miami, particularly in Coconut Grove and I believe and the Civic Club and some others of us believe is going to continue to happen unless somehow the City and the Administration the Commission and the Administration is willing to listen to us and figure out some equitable way. By allowing people to replat we allow people in effect to rezone Coconut Grove and that's what's happening. Now, what's happened with this has happened before in the Grove. Someone doesn't like the way a lot is so they come into the Plat Committee which meets... I grant you it meets in public, that is they don't close the doors. The citizens have a right to come and listen if we can find out when it is. We have no right to have any input into the doings of the Plat Committee. We are not allowed to do anything. We can't have a group meeting. Mr. Plummer: Well, what are you suggesting? Ms. Holzhauser: I'm suggesting, sir, that it is not proper to allow a Plat Committee to sit and allow a man to come and change the frontage of his property from Grand Avenue to McDonald in order then to make use of a transitional use. If I could just get the Commission to hear us and our plea really is that somewhere, somehow with all you have to do listen to us and redo this idea of a Plat Committee sitting and rezoning the City. Because in the long run that's what happens. Mr. Plummer: How do you suggest we do it? Ms. Holzhauser: I suggest that you give serious attention to the fact that replatting not occur in certain circumstances without a public hearing to begin with. Mr. Plummer: Well, they have it now. Ms. Holzhauser: No, they do not, sir. Mr. Plummer: You mean, that, that actual committee, but is a public hearing that comes before us... Ms. Holzhauser: The Committee meets, suggest the City accepts it and we don't have a thing to do with it. Mr. Plummer: Because we are told by the Legal Department is we have no choice, it's a matter of right. Mr. Pierce: That's because the Zoning Code right now allows for transitional uses to be done... .70 1 f Mr. Plummer: Can we change that? Mr. Pierce: You can amend the Zoning lode. Mr. Plummer: Alright, I make a motion at this time that Joanne Holzhauser representing the Ci<<c Club and all interested parties meet with the Planning Department Plat and street Committee and come back with recommendations to this Commission. I so move. Ms. Holzhauser_: Thank you, very... Mayor Ferre: Is there a second? Rev. Gibson: Second. Mayor Ferre: Is that what you want now? ram; Ms. Holzhauser: r 11st transitional, but the other thing is that they can by doing... he can tell you all the legal stuff, but by doing a line that's fifty feet back from you can take the mean of that and replat a piece of property next door to me, so if they had gotten it they would have been able to build within one foot of the existing swimming pool and I think that should be illegal. Mr. Gary: That's going to be considered also. Ms. Holzhauser: Good. Thank you, very much. Mayor Ferre: I don't want you to leave, because I want to tell you something on the record. Mr. Plummer: I left it open Joanne. Now, you closed it a little bit. Ms. Holzhauser: I appreciated. Thank you. Mr. Plummer: But basically, what I'm saying is that Joanne Holzhauser representing the Coconut Grove Civic Association and all interested parties meet with the Planning Department for the purposes of making recommendations back to this Commission. Mayor Ferre: Is there a second? Seconded by Gibson, further discussion, call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 81-854 A MOTION DIRECTING THE CITY MANAGER TO HAVE MS. JOANNE HOLZHAUSER, A REPRESENTATIVE OF THE COCONUT GROVE CIVIC ASSOCIATION, AND ALL OTHER INTERESTED PARTIES MEET WITH THE STAFF FROM THE PLANNING DEPARTMENT FOR THE PURPOSE OF MAKING RECOMMENDATIONS REGARDING PLATTING OF PROPERTY AND TRANSI."IONAL USES. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Vice -Mayor Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. e� 7 L� d i ,1 •6 1 t OCT 7 1981 FURTHER DISCUSSION: Mayor Ferre: Yes, Joanne, I don't want you to misunderstand that Plummer, Carollo and my vote on a question of the festivals. I am committed to the funding of the Coconut Grove_ Ms. Holzhauser: That doesn't bother me. Thank you, Mr. Mayor, but I'm not the least bit concerned about that. I know that the City has always been very, fair to us and we appreciate it. Mayor Ferre: Ok, I just... I don't want you to misunderstand what my vote was. Ms. Holzhauser: No, I don't. Thank you, so much. 26. AUTiiORI7.E TRANSFER OF FUNDS TO D.D.A. AS AN ADVANCE PAYMENT OF AD VALOREM TAX PROCEEDS. Mayor Ferre: Alright, now, the next item is Item 5 that I have on the list of things here as they came up. This is transfer of funds in the amount of sixty thousand in the Downtown Development Authority from the capital improvement funds as an advance payment of ad valorem tax proceeds. This is standard procedure. Father, do you want to move it? Is there any problem with any of this? Gibson moves, Lacasa seconds Item 5. This is standard operating procedure. We always give them money until they get their taxes and then they pay it back. The Manager recommends, further discussion, call the roll on 5. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 81-855 A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS IN THE AMOUNT OF $60,000 TO THE DOWNTOWN DEVELOPMENT AUTHORITY FROM THE CAPITAL IMPROVEMENTS FUND AS AN ADVANCE PAYMENT OF AD VALOREM TAX PROCEEDS TO BE REPAID OUT OF AD VALOREM TAMS TO BE RECEIVED FROM DADE COUNTY BY THE CITY OF MIAMI ON BEHALF OF THE DOWNTOWN DEVELOPMENT AUTHORITY BEFORE THE END OF THE 1981-82 FISCAL YEAR, WITH INTEREST TO BE PAID TO THE CITY AT THE RATE OF 6't PER ANNUM. (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: NOES: Mr. Lacasa, Vice -Mayor Gibson and Mayor Ferre. k ASSENT: Mr. Carollo and Mr. Plummer. OCT 7 1981 0 27. APPROVE AWARD OF BID FOR POLICE UNIFORMS WITH CONDITIONS Mayor Ferre: Alright, the next item before us is Item 41. 41 is the uniforms again, ok? Alright, Mr. Mullins? Mr. Mullins, we are talking about uniforms. Alright, sir, come tell us about the South Florida Police Products, Inc., two hundred ten thousand dollar- in Police Department uniforms contract for one year. (COMMENT INAUDIBLE). Mayor Ferre: Item 41. Is there any controversy on this? Mr. Mullins: Mr. Mayor, the only controversy really is with us. The South Florida Police Products Company is giving us an opportunity to save the City about thirty thousand dollars on a uniform contract. They have had a problem getting the sample to meet the specifications. We have just now inspected the samples and they are acceptable. However, there is a stipulation also in the specifications that requires the contractor to have on hand in his stock approximately eighty percent of the total years requirement within thirty days. We have some doubt that this can be done. So, I would like to recommend to the Commission that we award the contract to South Florida Police Products on a sixty day trial basis. If they perform according to the contract within that sixty days, fine. They are willing to put up a ten thousand dollar performance bond that says they can. If however, they can't we will cancel the contract with them and award it to the next bidder. Mayor Ferre: Ok. no do you represent? Mr. Oscar Plaza: My name is Oscar Plaza. I represent South Florida Police Products. I am the President of the company and I would like to clarify just on one item that was mentioned there. We have met all the specifications as called for in the bid specifications put together by the City of Miami Police Department. I have a letter from the mill as well as a letter from the shirt manufacturer that we are meeting the specs of the shirt. After it was speced and after we bidded the price, the City came back and they said "Well, this shirt is of a material that's a little bit too hard". I have both samples of shirts if anybody would like to look at them. There is basically no difference between them. Then they said "We would liko t_ met the soft goods shirt". Hector, will you bring the shirts ur please. We would like to get the soft goods shirts, which was not mention,:.i in the bid. I said "Well, I will try to cooperate with you and get you the soft goods'-. We have come up with enough soft goods for six hundred shirts. However, the contract calls for approximately twenty-two hundred shirts of which we have to have eighty percent of on hand within thirty days. Now, the mill has quoted us a ten week delivery of the fabric and an ei4ht week delivery of the completed shirts. So, we are looking at eighteen wc­ks. It is impossible for us within thirty days from today to have eighty percent of the twenty-two hundred shirts and I want that clarified because I. kr3w exactly what's going to happen. If it's not properly understood in thirty days or sixty days, they are going to come up and say where is the eighty percent of the twenty-two hundred shirts and we are going to say we don't have them and havoc is going to stare. So, I wanted to go on the record that we have met the specs in the shirt, that we have in fact bidded and delivered the samples of the actual merchandise that was speced on the bid specificatir,n and that this change is secondary and that we will only try to coopera•-ion in any of them, but we do reserve the right to deliver as per the sper;s on the bid. Mr. Mullins: Mr. P1uiNner,... r'm Mr. Plummer: Let me see the shirts. Mr. Mullins: ...the... I believe the understanding is that the soft shirt material is available in enough for six hundred shirts. So, in order to comply with the thirty day, eighty percent requirement they would have to furnish the balance of.... to make up the eighty percent in the harder finish, .73 ; - C r Mr. Lacasa: And this you say will save, Mr. Mullins, the City thirty thousand dollars? Mr. Mullins: Yes, sir. Mr. Plaza: That's over thirty thousand dollars. It's an estimated amount. Mr. Plummer: teat about the other item? What about the item about a tailor on board? Mayor Ferre: A what? Mr. Plummer: A tailor. Mayor Ferre: What do you mean a tailor? Mr. Plaza: The contract requires that we have tailoring on the premises. We have made all arrangements. We have all the machines in place. We have all the employees waiting.... Mr. Plummer: You got a tailor? Mr. Plaza: Yes, we do. Mayor Ferre: You mean, honest to goodness tailor, like a plumber is a plumber, a tailor is a tailor? Mr. Plaza: The answer to your question, Mr. Plummer, is "yes". Mayor Ferre: Alright, Mr. Bass, are you satisfied with this partial... can we move along -and is this acceptable to you and can you live with it? Mr. Plaza: I am more than prepared to go ahead and start servicing the contract. However, I will like it to goon the record that we have been going through this thing with the uniform contract now for sometime now and there has been a lot of controversy based on the fact that this uniform contract for a number of years has been switched back and forth between Lamar Uniforms and Jules Brothers as you know that through the years. We have been trying for four years... Mayor Ferre: And you are the new guy on the block. Mr. Plaza: We have been trying for four years to get this contract and every year it seems to be... something happens that we can't get it. Mayor Ferre: Mr. Bass, I'm ready to vote for you. Now, are you ready to keep quiet and get your vote? Mr. Plaza: No, because I anticipate that in a couple of months we are going to run into problems and when that happens I'm going to be right back here and I want to be able to go back and say I told you so, because I see the light and I see what's coming. Mayor Ferre: It all depends who's on this Commission, Mr. Bass. Mr. Plaza: Thank you, sir. Mr. Plummer: Mr. Bass, how long has your company been in existence? Mr. Plaza: Since 1976. Mr. Plummer: On Northwest 7th Street? Mr. Plaza: YNs, sir. 2072 Northwest 7th Street and we have another location now. Mr. Plummer: I was there the other day, sir and nobody in your shop knew it. Mr. Plaza: I saw you. I was there. Mayor Ferre: Ok, what else you got? J. L., anything else? Mr. Plummer: You are recommending it Mr. Mullins? .74 OCT 71981 f Mr. Mullins! on the basis that I originally stated, that we award it on... Mr. Lacasa: And those basis are what? Mr. Plummer: And you understand the eighteen week delay? Mayor Ferre: Three months trial, a ten thousand dollar... Mr. Gary: Sixty days. r Mr. Plummer: No, eighteen weeks is what the man is saying. Mr. Mullins: No, no, no. Mr. Plummer: He said ten and eight. I heard him. Did you say that? Mr. Mullins: Ok? Ok? Mr. Plaza: Yes, sir I did. Mr. Mullins: But just after that I clarified it. He said that he has six !,undyed shirts available for immediate delivery of the soft goods. Mr. Plummer: Is that eighty percent? Mr. Mullins: And that the balance to make up the eighty percent will have to be taken in the harder shirt material which is really in accordance with the specifications. Mr. Plummer: You understand that? Mr. Plaza: Yes, I do. Mr. Plummer: I don't. Mr. Plaza: Mr. Plummer, it's very simple. They speced a particular shirt fabric and so forth and we went ahead and bidded on that shirt. After it was bidded they decided that, that particular fabric comes in two finishes. It comes in a soft good and.a hard good. I you have both sample with you. Mr. Plummer: I have no problem there. My... Mr. Plaza: Ok, then they said we would like to get the soft goods. We checked with the factory, the factory says no way we got thousands of shirts on hand for immediate delivery on the hard goods, but not on the soft goods. So, I said to them, what can we do to help out? And they said well, we can order the fabric, but it's going to take eighteen weeks to deliver. Therefore,... Mr. Plummer: But you got six hundred of the soft in stock now? Mr. Plaza: No, we have them on the way down. Mr. Plummer: within thirty days? Mr. Plaza: We have thirty days, right. Mr. Plummer: How much are we paying for those shirts? Mr. Plaza: The shirt retails for $21.95 and the City is paying, I believe, under $11.00 a shirt. Mr. Plummer: And how many shirts do we provide each policeman every year? Mr. Mullins: Six. Mr. Plummer: Six? Mr. Plaza: I don't determine that. i Mayor Ferre: Alright, are there further... Mr. Plummer: Well, wait a minute. How many we give each policeman every year? 75 OCT 71981 11 11 Mayor Ferre: Plummer, we have got to break up in an hour and six minutes and we have got some very important business of the City of Miami. Now, I'm willing to stay beyond 5 o'clock. Mr. Plummer: Good, you will be here by yourself. Mayor Ferre: Alright, but that... precisely... let's not take up anymore time than necessary. so,... Mr. Plummer: I would like to know, ok. You can find it. Mayor Ferre: Alright, ask your question and move along. Mr. Mullins: It's six. It's six.'. q'.; Mr. Plummer: Six shirts a year. Mr. Mullins: Per year. v; Mr. Plummer: That's per policeman?. r � t Mayor Ferre: That's right.;" ,r t, Mr. Plummer: Tailored? fs r t `Iayor Ferre: That's right. Anything else? S Mr. Plummer: It's expensive. Mayor Ferre: Anything else new? Now, Mr.... you want to move it or riot? Mr. Lacasa: Yes, of course, I'm going to move it, but the question is, how many weeks do you need to... Mr. Plummer: He said. We got that clarified. I second the motion. - Mr. Lacasa: Alright. Mayor Ferre: How many weeks are we voting on? Mr. Plummer: Thirty days on portions, eighteen on the remaining. Mayor Ferre: Eighteen weeks. Mr. Plummer: Yes, that's understood. Mr. Plaza: That's only for the shirt, it doesn't cover the other items. Mayor Ferre: The motion has been made and seconded, further discussion, call the roll. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-856 A RESOLUTION ACCEPTING THE BID OF SOUTH FLORIDA POLICE PRODUCTS, INC. FOR FURNISHING UNIFORMS ON A CONTRACT BASIS FOR ONE YEAR TO THE DEPARTMENT X OF POLICE; AT A TOTAL COST OF $210,024.15; A11A- *" + CATING FUNDS THEREFOR FROM THE 1960-61 OPERATING BUDGET OF THAT DEPARTi'UINT; AUT'HOP.IZING THE CITY MANAGER AND 7HE PURCHASING AGENT TO ISSUE THE PURCHASE ORDERS FOR THESE MATERIALS. (Here follows hody of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Conunissioner Plw%mer, the resolution was passed and adopted by ttie following vote: AYES: Mr. Pl=n.er, Mr. Lacasa, Vice -Mayor Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. 76 OCT 7 1981 D EA 28. ACCEPT COMPLETED WORK: GIBSON PARK SPORTSFIELD LIGHTING Mayor Ferre: Tale up Item #21, 22 and 23, contractors have been here for two Commission meetings in a row. Ok, take up 21, 22 and 23. This is accepting the completed work of Timco Electric at the total cost of a hundred thirty-eight thousand at Gibson Park. Anybody have any problems with this? Mr. Plummer: I second it. Mayor Ferre: Alright, Father Gibson moves, Plummer second Item 21, call the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 81-857 A RESOLUTION ACCEPTING THE COMPLETED WORK OF TIMCO ELECTRIC, INC. AT A TOTAL COST OF $138,163 FOR GIBSON PARK - SPORTSFIELD LIGHTING; AUTHORIZING AN INCREASE IN I HE FEBRUARY 13, 1981 CONTRACT WITH TIMCO ELECTRIC, INC. FOR SAID WORK IN THE NET AMOUNT OF $218; AND AUTHORIZING A FINAL PAYMENT OF $18,159. (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: Mr. Plummer, Mr. Lacasar Vice -Mayor Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo 29. ACCEPT COMPLETED WORK: AFRICAN SQUARE RECREATION BLDG.-REROOFING Mayor Ferre: Take Item 22, this is on African Square Recreational Building reroofing. Any problems with this? The Manager recommends. Father Gibson moves, Plummer seconds, further discussion, call the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION I30. 61-858 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY COMPLETE BUILDING MAINTENANCE COMPANY AT A TOTAL COST OF $18,851 FOR AFRICAN SQUARE RECREATION BUILDING - REROOFING; AND AUTHORIZING A FINAL PAYME14T OF 1 , 885 . oo (Here foiiows body of resolution, omitted here and on file in the Office of the Cit}, Clerk) . Upon being seconded by Commissioner Pliurm�er, the resolution was passed and adopted by the following vote: .77 * OO ! 7 1981 f' r AUSt Mr. Plummer, Mr. Lacasa, Vice -Mayor Gibson and Mayor Ferre, 30. ACCEPT COMPLETED WORK: EDISON LITTLE RIVER COMMERCIAL CENTER COMMUNITY DEVELOPMENT BEAUTIFICATION II Mayor Ferre: Take up Item 23 which i3 the Edison Little River Commercial Center community... Is that the builditg that used to be known as the Annette Eisenberg Building? Huh? Mr. Plummer: No, wait a minute. Whoa. I think we need to go look at this one. Mr. Gary: The contractor had nothing to dv with naming that building. He did do the work Mayor Ferre: Is that the building the used to be called the Annette Eisenberg Building? What? I can't hear you. The street did what? Mr. Plummer: The street improved. Mr. Gary: These are street improvements. It had nothing to do with the park. Mayor Ferre: Edison Little River Commercial Center Community Development Beautification Phase II. Mr. Gary: Streets, sidewalks, gutters, landscaping. Mayor Ferre: Well, ok,. Any problems with this? Plummer moves, Gibson seconds, further discussion, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-859 A RESOLUTION ACCEPTING THE COLLETED WORK PERFORMED BY P.N.M. CORPORATION, AT A TOTAL COST OF $139,537.56 FOR EDISON LITTLE RIVER COMMERCIAL CENTER COMMUNITY DEVELOPMENT BEAUTIFICATION PHASE II; AND AUTHORIZING A FINAL PAYMENT OF $20,972.00. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Vice -Mayor Gibson Mayor Ferre. and r Ala NOES: None. j- ABSENT: Mr. Carollo.x;; 78 ! �• �' �� �J A 31. WAIVE FEE FOR CHARITABLE EVENT HELD AT COCONLi GROVE EXHIBITION CENTER (FUND RAISING FOR BRENDA RICHARDSON, CANCER VICTIM Rev. Gibson: ter. Mayor, may I... Mayor Ferre: Yes, sir, Father, go ahead. Rev. Gibson: I want to ask about... Mr. Gary, there was a fund raising event held in our facility around the 4th of September for the lady who was a cancer victim. Mr. Plummer: Florence Williams. Mr. Plummer: Name that paxk after her? Rev. Gibson: No, waive a fee. The lady would be leaving upon her demise about four children. Mayor Ferre: I have heard of that and Florence Henderson's son. Is he here today? Well, he was over to see me yesterday and I wasn't able to attend to it. But if that's the case, Father Gibson, would like to make a motion and I will be happy to second it,... Rev. Gibson: Yes, and let them have the use of the building. Mayor Ferre: That the usage of the building be waived for the purpose of fund raising for the Florence Henderson memorial. Mr. Plummer: Call the roll. Mayor Ferre: Plummer seconds, further discussion, call the roll. The following motion was introduced by Commissioner Gibson, who moved its adoption: MOTION NO. 81-860 A MOTION GRANTING THE WAIVER OF $2,000 CHARGED TO THE SPONSORS OF A BENEFIT DANCE WHICH IS TO BE HELD FOR MRS. BRENDA RICHARDSON, AT THE COCONUT GROVE EXHIBITION CENTER ON FRIDAY, SEPTEMBER 4, 1981. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: — AYES: Mr. Lacasa, Mr. Plummer, Vice -Mayor Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. s a? N, U 32. BRIEF DISCUSSION & DEFERRAL: 59 COMPENSATION FOR EASEMENT: 3 3_ 5 N . E . 2 AVENUE Mayor Ferre: Alright, now,... the next item is... Mike Anderson is here on Item 63. fir. Anderson, quickly. Mr. Mike Anderson: Mr. Mayor and members of the Commission, my name is Micheal Anderson and I'm an attorney with... Mayor Ferre: 63. Mr. Anderson: 61, I think it is. I'm an attorney with offices at 9400 South Dadeland Boulevard and I represent N.B.E. Partners Limited. They own the property at 315 Northeast 2nd Avenue and they are going to show you the rendering just to refresh your memory, but what we came here in July was we asked that we be permitted to use some air space over a City sidewalk. We are limiting it to six feet wide and it was from ten feet to thirty feet in height. In other words, it started at ten feet in height then it would go to thirty feet and you asked us to go to the Public Works Department to see if we could negotiate some compensation for this air space. I went to Public Works Department and they said absolutely no, they didn't want any compensation, they just didn't want the building to encroach and it was about that time that we investigated and found out that what we were asking to encroach was actually our property. Since I didn't represent the people at the closing, I wasn't aware that the.r2 is a ten foot wide strip therq that has to be given to the City... dedicated to the City. I want to stress that it's not a requirement because this is platted property and we don't have to give it. However, my clients have signed a warranty deed which I have shown to the City Attorney's Office and there is no strings attached to this. It's not based upon approval of this or anything. We are giving this ten feet to the City, that's the first thing. I have asked that you pass a resolution accepting it. Mayor Ferre: Is that it? Mr. Anderson: No, one more minute. So, now that you own this property... Mayor Ferre: You mean there is something more? I thought you were just here to give us this ten feet. Now, there is some people that have to go do some So, I wouldn't take too long, Mike. Mr. Anderson: Ok, now that we have given you this property end what we are asking for and we are going to offer compensation for it, is for that easement or they really want to call it a right to use and the right to use that property can be taken back if you need it for some public right-of-way purpose and what we propose is this, that we have an executed declaration of restrictive covenants in which we are agreeing that when we construct that building in the public air space that we will provide praviors for side... you know, sidewalk material which would be acceptable. F�ny kind of sidewalk material, whether it's brick, paviors or whatever in front of our property. In addition we are willing to join the Downtown Development Authority's tree planting program. So, that what we are giving basically is trees and pavement in front of our building and we feel that the compensation package is about ten thousand dollars. Plus, we have to prune the trees and water them. The Downtown Development tree program is such that we have to' maintain the trees and so we are offering that as a compensation for the right to use the air space. Mr. Plummer: Well, we are going to keep on listening, he did not stop. Mr. Anderson: Well, basically, what I have offered as compensation was that we would join the Downtown: Development Authority tree program where we would put trees in front of our property and we would put whatever sidewalk materials that's, you know... Mr. Plukaner: Mike, that's to your benefit. Q4 OCT fr Ni i i Mr. Anderson: Well, you know, when you closed Rice Street, they asked *bait public improvements would you make and someday, you know, the City may want to come forward and pave some other streets like Flagler and I think that... Mr. Plummer: Well, what about, about fifty oak trees for Overtown? Mr. Anderson: Well, you know, I have to show you what we are asking,... Mayor Ferre: Well, that was the next thing he was going to tell you. Mr. Anderson: Wo are ask... Mr. Plummer: I noriitally ask for black olives, but Father will. get on me if I asked for blade olives for Overtown so that's why I said oak. Mr. Anderson: Gtifiat we are saying... all we have... it's five feet, six feet. That's all we are asking. It's not like we are going up... you know, we are not asking for more floor_ area. We are building a thirteen story building. We could go another thirteen floors if we were looking for floor area. It's just a design. Mayor Ferre: Don't be so hard on them. What they are doing makes a lot of sense. It improves the building. What they are asking for is really not a hell of a lot. Mr. Plummer: That's right. That's why I'm asking for the oak trees. Mayor Ferre: Give him the oak trees. Mr. Plummer: Fif'-.y oak trees in Overtown. Mayor Ferre: That can't cost a lot. Mr. O'Leary, how much does fifty oak trees cost. (COMMENT INAUDIBLE). Mr. Plummer: That's ten thousand dollars. Mr. Anderson: I have to talk... you want that in addition to what we are talking about here? Mr. Plummer: Well, the others is for your benefit. The walk in front of your place is for your benefit. The trees in front of your building are for your — j benefit. Now, what are you going to do for the public.? Mayor Ferre: Hey, it's not worth arguing about. I'm sure your clients don't care about fifty... do you really... that's not a big thing. It's deductible. Mr. Anderson: I would have to check with them. Can I... Mayor Ferre: You are deducting it and it's an expense for goodness sakes. Mr. Grimm: Mr. Mayor and members of the Commission, before we get into a bargaining position... Mr. Plummer: We are not, they are volunteering. - Mr. Grimm: Well, before we get into a volunteer bargaining position... (COMMENT OFF THE PUBLIC RECORD) Mr. Grimm: I would hope that you would give us an opportunity to outline to you the precedent that I think. you are establishing. What -iou are doing by this is you are placing a monetary value on the use of pur-Ac right-of-way by private interest. Mr. Plurruner: k4hich they just gave u . Mr. Grirrun: !;'hick the, just gave you, but they could give it to you anyway and they could take it off as e tax deduction. So, trey are really not giving you anything that they have a right to use because you have zoned that right-of-way. So, they are not giving you anything. Now, what you are doing is you are going to allow them to use that right-of-way and I don't know how you are ever going to say no to the next person that wants to use it in front of him. .81 0CT 7 1981 C Mr. Plummer: Then the question has to be asked, if you look at that building and that they are building out over the air space, is that all wrong and I say "no". Mr. Grimm: Well, then that's a different proposition. Then change the zoning. Mr. Plummer: I don't disagree with that. Mr. Grimm: A)J I'm saying to you is if you want to let them build a bigger building, then c:hinge the width of the street. Mr. Plummer: We are talking about over the air space balconies, not on the sidewalk. Mr. Grimm: No, sir, you are talking over the public rights -of -way once this is deeded to you. Mr. Plummer: I understand that, ok? Mr. Grimm: No, how do I build a sewer or a telephone or an electric duct or anything else... Mr. Plummer: You go around it. Mr. Grimm: well, I don't want to go around it. I want to keep those things in the public side walk area. Mr. Plummer: Why don't you keep it... don't you normally put it under the street? Mr. Grimm: Not in the Downtown area. Now, I think the real decision for the Commission to make is that precedent. Once you allow that public right-of-way to be used for private purposes, how do you ever say no to anybody? Mr. Plummer: Ok, fine. Vince, what I'm saying to you is that up until two minutes ago that was not public right-of-way. That was their property which they gave to us. Mr. Grimm: But he can't build in it. Rev. Gibson: But he can't build on it. UNIDENTIFIED SPEAKER: It's in front of the base building line. Mr. Plummer: If we went to use it, we would have to buy it. Mr. Grimm: If we went to use it, we would have to buy it. However, let me point out to you that it's to his advantage to dedicate it to the City... Mr. Plummer: To write it off his taxes. Mr. Grimm: That's exactly right, because he can't use it anyway. Rev. Gibson: '.What's right. And these precedents are something, Man. You know, there is no light to guide your future, but the light of the past. Mr. Anderson: If you look Downtown you will find that on the same block the Omni is built over the public right-of-way. The Colon Hotel has three stories built over... Mr. Plummer: Mike, you don't have to sell me. I see nothing wrong with it. Mr. Anderson: I mean, you can look all over Downtown, it's built all over. Mr. Plummer: I don't see anything wrong with it personally. Mr. Anderson: I mean, it's not like it's going to be the first building that's ever built over the ricpjt-of-way, they are all... you can go doter; there and see them all over the right of v;&y. Mr. Grimm: You (:to leave structures that are over public rights -of -way, but you have not allowed that with the exception of one building and that building was done because it was a mistake and we were afraid that, that mistake was going to cause us a legal suit. Now, I... in retrospect now, I would have rather 82 - said we should have faught that legal suite. Mr. Plummer: Alright, look, as far as I'm concerned what You 106d td dO, `6k, send it back to the Department... Rev. Gibson: I think we ought to follol,; the department. Mr. Plummer: Well, Father, let's send it back to them and let them cme up with their justifications at the next meeting. Rev. Gibson: I believe we ought to follow the department's recommendation. Otherwise, we will never hear the end. I have been on this Commission long enough to know that there is nothing... like you, Plummer, ain't nothing like temporary. Mr. Plummer: Nothing more permanent than something temporary. Rev. Gibson: Permanent than temporary. And I think that we ought to say to them "I'm sorry, I love you, but I love the interest of this community better". Mr, Lacasa: But the problem here, Father, is that I don't see where it's not in the interest of this community what Mike is asking. Rev. Gibson: But Armando, the point is they don't have that right now. Mr. Lacasa: No, that's why he is asking. _ Rev. Gibson: Alright. And it is to their advantage to come up with a solution. = Once you have set that precedent, in this town people eat us up because of... well, you did it over here, why not here? I say this, may be you could do it S next month. I ain't going to do it this month. Mr. Anderson: If you will look at the projects that are going on with Mr. Gould, I mean, they are going all over the tops of the street. I mean, you know to... Rev. Gibson: Well, two wrongs don't make no right. Mr. Anderson: I would like -to come back to the Commission with some photographs e to show what's Downtown. I'mean, if you are thinking about turning this down I would like the opportunity to come back and show you that this won't be a precedent setter, that I can show you dozens of buildings Downtown that have overhangs and are built over the public right-of-way. Mr. Plummer: And the sane time the department can get their justification for not granting it. Move this item be deferred until the next meeting. i Rev. Gibson: I will second it. Mayor Ferre: Alright, there is a motion and a second, further discussion, call the roll. THEREUPON THE FOREGOING MOTION TO DEFER AGENDA ITEM NO. 61 to the next commission meeting was introduced by Commissioner Plummer, and seconded by Commissioner Gibson, and was passed and adopted by unanimous vote. 33. A=iORIZE AGREEM]EN`T: VOLUNTARY DEFERRED COX.PENSATION PLAN FOR EMPLOYEES OF THE CITY EM.PLCYEES Mayor Ferre: Take up Item 10. Mr. Plummer: You got some clean up of words on Item 10? Mayor Ferre: Yes, it's already done. It's in front of you now. A resolution .83 Qr-� 71981 C r Authorizing the Manager to enter into an agreement with Public Employees Benefit Service Corporation. Are there any problems with this now, Conrad? Mr. Adams: No, I withdraw my request. Mayor Ferre: Wally, you got any problems? Alright, Don, you got problems? Mr. Teems: No, sir, I don't think so. Mayor Ferre: Alright, your name for the record. Mr. Teems: Don Teems, President of the Miami Association of Fire Fighters. The only thing I would like to request is that when the Manager--- and I'm just doing it publicly really--- when the Manager gets through with the contract that prior to bringing it back to the Commission for approval that we would have a 7hance for you to tell us what it is. Mayor Ferre: Alright, further discussion? Let the record reflect that Mr. Wally Rodak also, stated that he had no problems on this, so that all three representatives of the union made that into the record. Further discussion? Alright, Plummer moves, Gibson seconds, call the roll on Item 10. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-861 A RESOLUTION AU71!CRIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH PUBLIC EMPLOYEES' BEIIEFITS SERVICES CORPORATION TO IMPLEMENT A VOLUNTARY DEFERRED COMPEN- SATION PLAN FOR THE EMPLOYEES OF THE CITY OF MIAMI; FURTHER AUTHORIZING SAID FIRM TO EXECUTE FOR THE CITY, INDIVIDUAL PAR- TICIPATION AGREEMENTS WITH EACH EMPLOYEE REQUESTING SAME, AND TO ACT AS THE "ADMI- NISTRATOR" OF THE PLAN REPRESENTING THE CITY, AND TO EXECUTE SUCH AGREEMENTS AND CONTRACTS AS ARE NECESSARY TO IMPLEMENT THE PLAN; FURTHER STATING THE EXPRESS UN- DERSTANDING THAT OTHER THAN THE INCIDENTAL EXPENSES OF COLLECTING AND DISBURSING THE EMPLOYEES' DEFERRALS AND OTHER MINOR ADMINI- STRATIVE MATTERS, THAT THERE BE NO COST OR CONTRIBUTION BY THE CITY OF MIAMI TO SAID PLAN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: c AYES: Mr. Plummer, Mr. Lacasa, Vice -Mayor Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. It } e gX,� !Ft 1 y 1 F 1� A r r rA L i-€i 4F�'nC4(S � f rf 4 fi i RAlF .W C 34. DISCUSSION AND AUDIO VISUAL PRESENTATION: BAYFRONT PARK "A PEDESTRIAN CELEBRATION" Mayor Ferre: Mr. O'leary? What item is it? 60. Take up Item 60. (COMMENTS OFF THE PUBLIC RECORD) Mayor Ferre: Take up Item 60. Mr. Bill O'leary-: Mr. Mayor and members of the Commission, my name is Bill O'leary landscape architect in the firm of O'leary, Shafer, Cossio. We several weeks ago made a presentation to the Greater Miami Chamber of Commerce New World Center Committee and have recently done the same thing with Marine Council on some ideas for Bayfront Park and they very frankly, emanated from the fact that a young m&n who is here today who is going to make the presentation for you came to us and asked for an idea for his senior thesis in landscape architecture from the University of Florida. We thought it was very apropos having seen the A.I.A. proposal on Bayfront Park to have him undertake for twelve intensive weeks a study that would evolve in a master plan for Bayfront park. Now, I should tell that we are not saying that this is cast in stone. It's merely an idea. We think that this report which Ray Jungles has put together--- I don't know if the Commission has seen it--- is very comprehensive... (COMMENTS OFF THE PUBLIC RECORD) Mr. O'Leary: We are very excited about the idea, but in effect, what it does it takes all of Bayfront Park assuming the acquisition of the F.E.C. Property and it studies it as a whole, not piecemeal. It takes into consideration that Mr. Noguchi has already master planned a portion of the south end and that is included, but we feel it's important for the Commission to give consideration for having some type of master development for this ninety acres of waterfront and not hire numerous consultants to do just pieces of it. And with that I would like to have Ray Jungles make his presentation to you briefly. Mayor Ferre: Alright. Mr. Ray Jungles: Ok, can everybody see this? Mayor Ferre: Yes, sir, go ahead Ray. (COMMENT INAUDIBLE) Mayor Ferre: That's the way it is and this is the way it's going to be right? Mr. Ray Jungles: Right. Well, on the left is a 1974 areal photograph and that shows the Biscayne Boulevard corridor and the F.E.C. Property as it was then and on the right is a master plan of what I propose which would be a rerouting of Biscayne Boulevard on the eastern easement and a unification of the entire boulevard incorporating landscape median and uniformed lane widths. On the left is the corridors as it exist now narrowing north of Port Boulevard on the right. The corridors that would exist according to the plan. On the left is a closeup areal photograph of the traffic conditions and the parking conditions which exist in the media now and on the right. would be proposed. There would be tic) more parking in the median strip therL.. Sections indicate on the left totally vehicular oriented space and on the right the amenities which would be added to provide for pedestrian comfort. Unifoimvd median with fountains and pavertlent treatment for pedestriai;s and utilizing the royal palms once again, which are the image of our City. The Orange Eowl Parade route would be Changed co assemble in Licente.r-mi al Park and cc>ntinu:- South and turn on Flagler as it now does and the right tihows hay,, a section of what could... that could be incorporated in the design, how that could be incorporated. Oh, on the left is a photograph of what exi.Et r,ow. On the right is a photograph of what .... is a rendering of what could exist. And there would be much wore comfortable transition space between the Downtown urban core into the Bayfront Park system which is the important item. Ok, once again, we are moving 85 0r,T U1 C farther down north, south of Bicentennial Park to the deep water slip and my plan would incorporate the Maritime Museum and on the north en?1 of the water slip would be shops and plazas and I would like to incorporate them into the berm that exist now so that it wouldn't be incongrous to the nature of the pass- north and the larger structure would be on t;;e south side of the deep water slip and it would be turned back over to the public and .it would be used for_ private patrol, etc. There is a photograph as it exist now and there is a rendering of what could be. Ok, now we move down to the Port Boulevard area. 7 propose that pedestrian overpath be incorporated over Port Boulevard, thy': tWo lanes be added in addition side by side with the two lanes that exist three now, incorporate a median. There would be a larger focal area created by the entire change of the traffic patterns which there could be a strong, say, "sculpture water feature there to really give a strong impression of our port and all the tourist that would be coming through that passageway and that the truck traffic be rerouted to sta,• off 395 and be directed to the freight areas of the Dodge Island by a underpass or tunnel. Ok, and here is what the section look like on the left to see what exist now on the right. This is what: I'm proposing. Underground parking to enable the pedestrian... so that the parking would not be on the pedestrian level. There is c photograph now and a rendering of what could be. Now, we are moving down at the Miamarina area. I propose that the parking lot which now exist there be changed to incorporate a more pedestrian ambience theme. No more — parking allowed in the area. The !barking will be moved underground in the area that the Bayfront Auditorium now exist and that the Bayfront Auditorium function be relocated into an area such as the government center to make use of all the existing parking spaces. There is a section left of what is there now and a section on the right of what could be. Pedestrian shops and amenities to bring the people down into the area. On the left as a view you have facing the Bayfront Park Auditorium on the right a view that would be opened i.ip into the marina and as you get closer there is what you see on the left and there is a metal slide on the right of what... you get a closer view and a stronger interaction with Miamarina. There is a view on the left of what exist now and a view on the right of what I would hope would exist. Moving down south the Noguchi park plan is incorporated with minor changes on the north end of the park to create a stronger tie with the Miamarina area around the south end to create a stronger tie with the Miami Center and Chopin Plaza. The rock garden as it exist on the left, there is a decorative feature around it on the right. It shows how... accentuates how the view is blocked into the marina area or any other area in the park. I would sugges that, that be eliminated and that it be thinned out and the plant material be relocated into - more appropiate areas. And on the left I would like to hope that we would have a covering over the amphitheater and in my mind it would be something nice to have a structure such as this. On the right there is a view just north of where the Noguchi Park would end where on the... where you see the three trees at the very end, those trees could be relocated and .it would open a perfect vista up to where the new cruise ship ports will be south of Dodge Island. Ok, now we are moving down to Chopin Plaza which is on the south eno of the park. what exist now on the rigs,':... well, actually, right now there is plenty of — construction and nothing like what's in the photograph, but on the left is what I proposed would exist, more pedestrian oriented and that the Columbus statue be relocated as a vista and a focal point at the east end of Here is a section on the left of what the plans I have seen up to this date what they propose and on the right of what I would hope would be proposed. A similar treatment as what would occur along Biscayne boulevard would occur along Chopin Plaza and the Columbus statue once again, the rendering on the right would be located so it would have a beautiful viewing back drop of the Bay. We could have very much a pedestrian celebration on the Bayfront Park system gentlemen. Thank you, very much. Mr. O'Leary: Mr. Mlayor and members of the Commission, just one brief note. I think stay has done an excellent job. There are a lot of very; very interesting ideas in his report. I might also add that it didn't cosy_ the City a cent. The project was funded through our office and Martin Fine's Office, but if anything _ we hope this serve as a catalyst to begin to give some thought to have this whole park become a cohesive unit and be master planned in some fashion whereby in the future as this develop we have some idea of where we are going. Thank you. Mayor Ferre: Alright, 24r. O'Leary, I will tell you, you know, I would recommend that you make an appointment... perhaps not you, but Ray, might make an 86 OCT 7 1981 _ appointment. I would like to rather than do it this w.1y, I want to spend the time. I can't do it between now and November 3rd, but after November 3rd would you please make an appointment with me? And I would like to spend an hour on this and look at the slides and discuss them. You know, this is not the way to do it. Mr. Jungles: Did you get a copy of the booklet sir? We can make one available for you. Mayor Ferre: Yes, I have already got your booklet. I have already seen your booklet. What I need to do is to sit down and go over it one on one, not in this kind of a scenario. In the mean time, Mr. Manager, I guess all I can do is just... we can pass it on to you and you give it to the Planning Department and have them come back and react to it. I would like to have the D.U.A. look at it too, would you please. Ok, see you after November 3rd. Alright, is there anything else on that item? 35. BRIEF DISCUSSION: COMMUNITY BASED RESIDENTIAL FACILITIES Mayor Ferre: Ms. Frazier, if we can do this quickly we will take you up. Otherwise, you are going to have to wait. Ms. Frazier: Mr. Mayor? Mayor Ferre: Yes, Ma'am. Ms. Frazier: Had I had an opportunity to prevent this at the hearing I wouldn't be here today. (COMMENT OFF THE (PUBLIC RECORD) . Ms. Frazier: My name is Eufala Frazier, address is 4929 Northwest 17th Avenue and I would like to say had I had an opportunity as a citizen at the hearing I wouldn't be here today to make this presentation. I am here today to ask the Commission for a change in the Comprehensive Zoning Ordinance for residential facilities 6871. The reason why I am asking for this change because I feel that this ordinance as it stands discriminates against the small group home facilities in the City of Miami. You said at the hearing that there was more group home facilities in the City of Miami than it was in the County. I want to call to your attention that there is less than ten small group homes here in the City of Miami. I would propose that this ordinance would... in R-1 allow eight clients to live int-) the residence in R-2 for twelve. Now. H.R.S. has said that it is not economic feasible for homes iesser than clients to _ be operated. And I want .o gall your attention that small group homes has been in existence in Da,ie County for more than twenty-five years and now this ordinance that you :-ave just passed is denying these group homes a change. Another thing I want to call your attention, is through the distance. Now, the distant that you have eighteen hundred fifty feet, you say that it could go up to fifty clients. Alright, I want to call your attention, if you are going to use that same distant for small homes, if you had eight clients in a home in that sarrie distant you will have sixteen people: in a distance of two homes which would comprise a hundred. " If in R-2 you had ten clients in a home for the same distant you wouldn't nave but twenty. So, the density for the small horne is far lesser than the density would be into the large home. So, I'm asking that the Cormnissioners change this ordinance and allow the possibility for those clients who has mild defect, who are natural born and have no cause of their own... (COMMENTS INAUDIBLE) Ms. Frazier: In their home. Mr. Plummer: Hey, Eufala, that's fine for H,R.S. to say it, but they ain't living in the neighborhood. • 87 OCT 71981 C r Ms. Frazier: No, H.R.S. didn't say it. This is coming from the group hone parents Who are operating. Mr. Plummer: That's fine. You know... are they making Tn.oney off tt-e deal? Mr. Frazier: No, they are getting about twelve... for ty-•seve5n cant ,," hour. Mr. Plus , er: Alright, you know, fine. We just -Ant thrc,icih over n year on this par.ti_ciiinr ordinance. Ms. Frazier: But you dial it for large homes, you dial not do it for small homes. Mr. Plummer: You cannot tell me that you can put eight people in a home and not disrupt a neighborhood. Ms. Frazier: Mr. Plumm•i�r, you hrvv� more than eight and ten people Iivinic, in the homes in Hodel City and in I.,ittle Havana now. Mr. Plummer: I'm telling you that if you show me where there are more than five unrelated people--- that's the ordinance, five unrelated. Now, you can have as many relatives as you can stand in there. You know, we can pick our friends, but we can't pick our relatives. You can't put and run this kind of an operation in an R-1 single family with eight people under a roof. Ms. Frazier: Well, they are doing it in the County and they are doing it in other parts of the Country. Mr. Plummer: That don't make it right. That don't make it right. Mayor Ferre: Alright, Plummer, we have got a half hour left and a tot of work to do before Yom Kippur begins. Mr. Plummer: Well, we went through this a year and a half. Ms. Frazier: I know, but you have discriminated against small homes. Mr. Plummer: Oh, no, no, no. Ms. Frazier: It is discrimination, Mr. Plummer. Mr. Plummer: No, don't tell me that. Mayor Ferre: Alright, thank you, very much. Unless somebody on this Commission wants to make a more otherwise this matter is now... 36. GRANT PERMISSION FOR GREAT COCONUT GROVE BIKE RACE AND PROVIDE SUFFICIENT POLICE PERSONNEL FOR SECURITY Mayor Ferre: Alright, we are now, on the next item which is Item 57. Mr. Joe Avalos? Mr. Joe Avalos: My name is Joe Avalos, the address is 3043 Grand Avenue. I am the race director for the Great Coconut Grove Bicycle Place. '1,his is our 10th year. We are a little late appearing before the Commission. We submitted... Mayor Ferre: Joe, wr,ht is it. you want us to do? Idght to the point. Mr. Avalos: Ok, I w&llt two things. NLm,ber one, I want permission to use the streets as we have for the past heveral ye&r s. Mayor Ferre: Alright, is there a motion? SS OCT 719C1 �I Mr. plumcmer: Whoa, whoa, wait a minute. Mayor Ferre: Moved by Gibson, seconded by Lacasa. To use the stk"tit f6f ihb bicycle race. Mr. Plummer: You are talking about Bayshore Drive? Mr. Avalos: Yes, sir, the same streets we used last year. Exact same-. Mayor Ferre: Further discussion, call the roll, please. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 81-862 A MOTION GRANTING MR. JOE AVALOS' REQUEST OF THE CITY'S PERMISSION TO USE CITY STREETS IN CONNECTION WITH THE "GREAT COCONUT GROVE BICYCLE RACE" TO BE CONDUCTED OCTOBER 7 - 11, 1981. Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Mr. Lacasa, Mr. Plummer, Vice -Mayor Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. ' Mayor Ferre: Alright, now, what's the second thing? Mr. Avalos: The second thing is, this Commission has seen fit to assist by providing police services in part to the race in the past. I would like to ask the Commission in as much as I have got a race this year that is far beyond the magnitude of what we had hoped in &,, much as people like Eric Heiden the olympic speed skater, Connie Carpenter the silver metalist in the world championships have come and or coming to the race, that the City provide all of the police that I need for the race instead of the six officers on Wednesday, Thursday and Friday, four officers on Saturday and this is what... Mr. Plummer: Is there any profit being made on this thing? Mr. Avalos: No, sir. Mr. Plummer: No, profit to anyone? Mr. Avalos: None whatsoever, I wish there was. I have been doing it for ten years and I lose money on it every year. Mr. Plummer: Can't we use P.S.A.s' instead of policemen? Mr. Avalos: There are only five explorer scouts and no F.S.A.s' available. Mr. Plummer: I'm not talking about explore. I'm talking about P.S.A:s'. Mr. Gary: I think that would be ar: appropriate thing to do. Mr. Plummer: Put one policeman and the P.S.A.s'. Mayor Ferre: Plummer moves and Lacasa seconds,... What are you moving? Mr. Plummer: That we grant the necessary personnel from P.S.A. with one policeman supervisor. C The following motion was introduced by Commissioner Plumeter, who M6VOd its adoption: MOTION NO. 81-863 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO PROVIDE THE NECESSARY POLICE PROTECTION It;, CONNECTION WITH THE "GREAT COCONUT GROVE BICYCLE RACE" TO BE CONDUCTED OCTOBER 7 - 11, 1981, AS IT HAS BEEN DONE IN PREVTOUS VTARS AND AS REQUESTED BY MR. JOSE AVALOS BEFORE Tiir CIT COPII9ISSION ON THIS SAME DATE. Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, tor. Lacasa, Vice -Mayor Gibson and Mayor Ferre. NOES: None. ABSFA4T: Mr. Carollo. 37. CLOSE FULLER STREET OCTOBER 24, & 25 FOR 5TH ANNUAL BANYAN FESTIVAL Mayor Ferre: Alright, now we are on 56, is that right? 56 is next. Mr. Joe Bardnello: Yes, I'm Joe Bardnello from the Coconut Grove Chamber of Commerce, address is 3197 Commodore Plaza. We are requesting from the City Commission Permission to close Fuller Street on the weekend of October 24th avl the 25th for the 5th Annual Banyan Festival. We have had permission to close this street every year for the last five years. Mr. Plummer: Move it. Rev. Gibson:. Second. Mayor Ferre: Alright, it's been moved and seconded, further discussion, call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 81-864 A MOTION GRANTING A REQUEST MADE BY JOANN FORSTER, PRESIDENT OF THE COCONUT GROVE CHAMBER OF COMMERCE, FOR THE CLOSING OF FULLER STREET FOR THE "5TH AMIUAL BANYAN FESTIVAL" ON OCTOBER 24, 1981. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Vice -Mayor Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. r3. �t r�x5�s i 4T .fit Fu f T fit' 4t tir t y t i 5- n i c - d t — 93/ ■�/�{■ it OCT 7 1981 38. REQUEST FOR GRANT BY (HACAD) TO PROVIDE SOCIAL SERVICES TO INDIGENT HAITIAN REFUGEES Mayor Ferre: Alright, now Item 52 is the next one which is a personal appearance by the Haitian American Community Association of Dade County requesting a grant to provide social service to indigent Haitian refugees. Mr. Roger Biambi: My name is Roger Biambi, I'm Director of the Haitian American Community Association of Dade, the HACAD. I'm appearing before this Commission for a grant in the amount of a hundred thousand dollars to help us solve the Haitian refugees problem. There are about twenty thousand Haitian refugees who are not found eligible under H.R.S. for services. They are unemployed. They are starving and we need help to help these people. Even under the H.R.S. contract we had to request a loan from two different agencies just to implement a two hundred twenty thousand dollar grant which has to be returned at the end of the year. (INAUDIBLE)... in December of this year...(INAUDIBLE)... sent out requests for a proposal from different _ agencies. Regardless of what the amount of the grant that we will get from H.R.S. we will not have the money to even start to implement the program, because it's ... (INAUDIBLE)... package. We have to spend the first two months before we can get back any money from H.R.S. We have a community of about fifty to sixty thousand people here in Dade County and we need help. We have been like a ping pong ball, whenever we go to the County they bounce us back here. Whenever we go to a Federal they bounce us back and whereas we have people here who are suffering, who are dying and we have a serious problem in this community and I fear within the next few months we are going to have starvation in this community. So, this is why I'm appearing before this Commission to help us, because the Haitian refugees in entrance, they need the help. Mr. Plummer: Sir, let me say this to you. They can ping pong you all the way around they want and you probably are right, they have, but sir, we do not have welfare. That is strictly the prerogative of Dade County. They are in the... Mr. Biambi: We are not asking for welfare. What we are asking this Commission simply is to help us get some operating funds so that we can implement those programs. We have this H.R.S. Program... Mr. Plummer: It's to provide social services to indigent Haitians. That's welfare, sir. Mr. Biambi: We are not —what I'm saying to you, I have worked with Assistant City Manager Cesar Odio and that we are requesting some operating funds so that we can operate those contracts. I'm not asking for welfare. Haitian don't need welfare. Mr. Plummer: You can call it what you want, sir, but on the agenda it is listed, is to provide social services to indigent. Mr. Biambi: Well, whoever wrote that, we are not asking for welfare, we are asking for... Mr. Plummer: Sir, I can only say what's before, alright. Do you havea copy of the agenda? Mr. Biambi: Yes, I have a copy of the agenda. Mr. Plummer: Look at item 62. Mr. Biambi: I read it, but this is not exactly what the intent of the request is. Mr. Plummer: Do you have a copy of the request? 91 OCT 7 1`81 U C Mr. Gary: We are talking about a semantics problem. Mr. Biambi: I have a copy here. Mr. Gary: His letter says social services to indigent Haitians and you have turned that Nord into welfare. but I think it'S important for Cesar to let you know what he has done veith regard to the Haitians as well as; what we have done with regard to Cuban refugees up to now. Mr. Plummer: Sir, are you Biambi? Mr. Biambi: Yes, I arri. Mr. Plummer: Sir, your letter refers to indigents. That's in your letter. Mr. Biambi: Right. Mr. Odio: Mr. Plummer., may I clarify. What's happened is... We at one time have funded the Little Havana Activity Center with a hundred twenty thousand dollars to service both Cuban and Haitian entrances. Mr. Plummer: I recalled. I was he'�e. Mr. Odio: Alright, do you recall that? Cubans and Haitians. They are not reaching the Haitian community at all. It's in the Little Havana area and the Haitians will not come to the Little Havana area and what I have recommended to the Manager and I have recommended publicly is that those funds should be shared with the Haitians, because they are not reaching them. And that's what they... I think they are confusing what they are trying to present to you. (INAUDIBLE)... we requested of the Catholic Service Bureau that the twenty-five thousand dollars that was left over from the WQBA fund raising that it be used for hungry Haitians, because they are hungry. Mr. Plummer: Alright, then let me ask you a question. Why is not this under the proper heading then, which would be federal revenue sharing? Mr. Odio: Well, I don't know. Mr. Plummer: And if such you know that we are discussing that next month. I guess really what I'm questioning is why this is on this agenda when we are going to discuss the proper situation under federal revenue sharing next month and that's where they should be putting in their application. That's the way I see it. Rev. Gibson: Why wouldn't you have the twenty-five thousand dollars turned over and then when the matter comes up next month then you can deal with the balance at that time? Mr. Plummer: Well, Father, let me tell you now, you know, I have got to know who is HACAD. I don't know the organization. Have you investigated the organization? Mr. Odio: Yes, I have and they are the most reputable organization within the Haitian community. Mr. Plummer; But do they provide a service? Are they presently on board? Mr. Odio: Yes, sir, they are. And they... Mr. Plummer: And how many years have they been on board? Mr. Odio: I don't know. 4� + Mr. Biambi: Seven years, sir. Mr. Odio: Seven. Mr. Plummer: You have been in operation seven years? Mr. Biambi: For seven years we have been helping the Haitian community with limited funds with volunteers and so on. 0 Mr. Odio: We are in the process with their help and other Haitian leaders creating a task force that would represent the whole Haitian community. We have met with them three times already. Hopefully, the Committee has been created now that will create this task force that will represent the Haitians so that they can get their due. But in the meantime, we will give them the twenty-five thousand dollars through the Catholic Service Bureau to feed the hungry Haitians. That we told them that we would do, but that's all tha monies that we have left now in the... Mr. Plummer: But are you going to do it in the same manner that we do in the Latin community and that is that the money is going to be gone through a caterer and on a bidding procedure? Mr. Odio: It will be done... I don't know how it will be done at this moment because I talked... Mr. Plummer: It's got to be done through... that's where we got in trouble before Cesar. Mr. Odio: Yes, sir, but... see we awarded the money already to the Catholic Service Bureau. I have asked them to use it only for hungry Haitians. Mayor Ferre: Well, please, please, as far as I'm concerned if the Catholic Service Bureau has it, it's their problem as to whether they go out and cook hot meals on their own or how they do it. I trust monsignor...1 don't have any problem with monsignor Bryan Walsh and the other people. They know what they are doing. They are not going to have any problems on that. Mr. Odio: But I do want to be on record... Mr. Plummer: It is still City bidding procedures and that's where we got caught in the wringer. Mr. Odio: No, sir, because the money belongs to the Catholic Service Bureau at this point. Mr. Gary: No, sir, it belongs to them. Mr. Plummer: You are wrong.. Mayor Ferre: Don't get in the middle of that Plummer, that's... � Mr. Gar y: The money belongs to them. It was money donated by the private sector for the Cuban refugees when they first came here. Mr. Odio: But on the record, J. L. and the rest of the Commissioners, the Haitian community is in dire need of help and we have an obligation, I feel, to help them, because the help that we have handed out to the Little Havana Activity Center is not reaching that community. Mr. Plummer: So, what you are recommending is that the monies of the twenty-five thousand that has been referred to Catholic welfare, that they themselves get up and establish a program in that area for feeding. Mr. Odio: Yes, sir. Mr. Plummer: I have no problem with that. Mayor Ferre: Ok, I'm for that. Well, we have got to do something. I mean, I will tell you, we cannot sit idly by... I don't give a damn whether it's our responsibility or not our responsibility and the federal government or the feds are not doing the job and I'm not going to get into a long harangue about the government at the present time and the President that we have and the State is not doing it's job and it never has done it's job in these type of things. This is one of the worst states for. social and welfare matters in the union. We are 34th or _5th arad the fact is that the County has tried. I got to give them credit. I thin}: t.hey have tried, but they are cutting severely. 1dow, this goverment is much too shall to substitute itself for the Federal Covernment, the State Governmer-it ar,d the County Government. Our budget is 1/:.Jth. You know, they are like t;,at and we are life. this. So, you cannot expect for us to do what the County should be doing for you. But that there is no argument wit}", me. We need to do s .. we must do s omething, . Theto show that it cares and you have my commitment and Iocertainly willCvotenforsanything 93 r.-r T2 C A that the Manager recommends to help to show our involvement in this problem. Mr. Gary: Mr. Mayor, what I would recommend at this time is that we sit down with this agency and identify the top priorities in terms of assisting the Haitian refugees, come back at the next meeting with a proposal with funding for the City Commission. .. Mayor Ferre: Alright, now, Howard, I don't want to get in the middle of Haitian politics. There is an awful lot of politics that go on. I don't... Are you involved with Rev. Juste. Mr. Biambi: No, we are a separate agency all togetther. Mayor Ferre: Now, I don't know whether they are good and the other one is good or who is bad and who does what to... I don't want to know, that's their problem. I want to make sure that whatever we do, we deal through established agencies either in the Black Community or in the Black American community I'm talking about that we know and we trust and we can deal with. Whether is JESSCA or any other agency that we can deal with or religious institutions that we know that we can deal with. Whether it's the Catholic Service Bureau or the Protestant Church Gioup or whatever, the Baptist Minister.... I don't know what it is, but whatever it is that is established and recognized as an entity. Yes, but I don't know who the Haitian American Community is of Dade County, you know, so they are not a known entity to me. I want to deal with people that I know we have a track record with and let them deal then with the different groups. Mr. Odic: But as far as reaching the Haitians they are the most established agency right now. Mr. Gary: They are the most effective and nobody knows about them. Mr. Plummer: Well, then I would suggest from what you are saying is that you have the Catholic Welfare Bureau get in touch with these people to start providing meals in that area. Mayor Ferre: Howard, when the Cubans got here twenty years ago and we had to deal with the Cubans it wasn't the City dealing with the Cuban American Organization of Dade County. We dealt with Catholic Service Bureau. They dealt with the people that were being... because they had the administrative ability to do it. They were set up for that. We dealt with the Refugee Relief organization. We dealt with the Cuban Service... I mean, with the Catholic Service Organization and with the Hebrew, something or other organization and with the Protestant Church or something or other and they dealt with the Cubans. Now, as far as I'm concerned that there are organizations that are established to do these things and I don't want to reinvent the wheel. I don't know who the Haitian... who HACAD is. Mr. Biambi: Mr. Mayor, can I say something? My organization has been in existence since 1975. We are the only Haitian Social Service in this City recognized, known by the Haitian refugee community. Whatever their problem they come to us. They don't go to any other City agency, no other private agencies. we have been servicing them for the past seven years. Rev. Gibson: Well, what the Mayor is telling you sir is that since we have some contact with the Catholic Service Bureau we will get them in touch with you and that when you come back here at the next meeting we will have all the basic facts and information to move on or to move with. I think you have to understand that if we vote a hundred thousand dollars out to a group no more than that you would have to wonder what in the devil we are like or what are we doing. Mr. Biambi: Father Gibson, ve have been v=orking...(INAUDIBLE)... for the past eight years. Rev. Gibson: Dook, look, when you... let me tell you something my record is clear In this to4'Ii and you know Wllat that record is, When you have won your case, you know, walk out here and don't fool around and lose it. We are trying to solve it. You just... that man is going to tELke you to the Catholic Service Bureau as coming from the City and from then on you are going to get what we are going to give you, but we have got to clean up our act so that... (INAUDIBLE). 94 OCT 7 1981 yi Mayor Ferre: Gentlemen, it is almost 5 o'clock. We must breakup at 5, I'm very sorry this matter has come to a conclusion. I will be happy to deal with it at a future Commission meeting. Mr. Plummer, pointed out that this says Haitian American Community Association of Dade County and I think that's a significant... Mr. Plummer: What are you getting... sirs do you have any funding from bade County? Mr. Biambi: No. No, sir. Mr. Plummer: Did you apply? Mr. Biambi: Every time we approach them they tell us that they can't help US. Mayor Ferre: Alright, I'm sorry, right now we cannot deal with this beyond what we have done. Mr. Manager, would you bring this matter back up for discussion after you have looked into it with a recommendation? Mr. Gary: Yes, sir. Mayor Ferre: Alright, thank you. 39. FIRST & SECOND READING ORDINANCE: INCREASE APPROPRIATION TO JAMES L. KNIGHT INTERNATIONAL CENTER AND PARKING GARAGE Mayor Ferre: We now must move very quickly to Item #1, which is on the morning agenda. Is there a•motion on Item #1? Is there a motion on this? Plummer moves, Gibson seconds, read the ordinance, please. Alright, Mr. Grimm, on the record, sir. You and I have spent some time discussing this in my office is there anything new or different in this other than what you have told me? Mr. Grimm: No, sir. Mayor Ferre: Alright. And what Mr. Grimm, has told me is that this is part of the change orders that have come about, some through our fault, mostly through the architects fault because of the lack of proper plans on time and that is something that we are going to have to discuss in the future. In the meantime, this is essential for the progress of that job so that it is... we are able to finish by April of 1982. Is _-hat correct? Mr. Grimm: Yes, sir and I may have tc be back with you again before this is over. Mayor Ferre: As I understand it is your estimate that the short fall beyond this four hundred thousand might be an additional six hundred thousand. You don't think it will be much more than that. Is that correct? Mr. Grimm: Not, for changes, but if we went into an extensive overtime plan it could be. Mayor Ferre: Now,... well, we are not talking about overtime now, we are talking about... Mr. Grimm: No, sir we are not talking about overtime now. Mayor Ferre: Alright, is there further discussion, call the roll. 95 : F C om AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION I OF ORDINANCE NO. 9199, ADOPTED NOVEMBER 6, 1980, THE CITY'S CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE FOR, FISCAL YEAR 1980-1981, AS AMENDFD, BY INCREAS- ING THE APPROPRTATION FOR THE. CITY OF MIAMI/UNIVEPSI n.7 OF MTAMI - JAMES L. KNIGHT TNTE%NAIJONAT, CENTER AND PARKING GARAGE (7034) (It"m X.B.1) IN THE AMOUNT OF $400,000 FP011 CONVENTION CENTER REVENUE BONDS TNTERFST; 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 THAT; FOUR -FIFTHS OF THE MEMBERS OF THE COI-IMISSION. Was introduced by Commissioner Plummer and seconded by Commissioner Gibson 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 Armando Lacasa Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Mr. Carollo. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Gibson, adopted said ordinance by the following vote AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Mr. Carollo SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9330 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. 40. FIRST & SECOND READING ORDINANCE: "RECREATION FOR THE MENTALLY RETARDED - 6TH YEAR) Mayor Ferre: Take up Item lA on first and second reading, recreation for the mentally retarded Gth year. Gibson moves, Lacasa seconds, further discussion? Is there any problem or, this Mr. Manager? Mr. Gary: No, sir. No, it's a grant. Mayor Ferre: Any discussion, if not, read the ordinance. Further discussion, call the roll. OCT 7 1981 AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8917, ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT APPROPRIA- TIONS ORDINANCE, BY APPROPRIATING INTO THE TRUST AND AGENCY FUNDS AN AMOUNT OF $348,767 FOR THE. OPERATION OF THE PROGRAM ENTITLED: "RECREATION FOR THE MENTALLY RE- TARDED (6TH YEAR)"; COMPOSED OF $302,767 FROM THE STATE OF FLORIDA WIT7I A CITY CASH HATCH OF $46,000 FOR THE OPERATION OF THE SAME: CONT76%11dT'_,G A P7:l 1JhT, ;R PROVISION AND A SEVER_TzDILITY CLAUSE: AND DTSPENSING WITIi THE RE- QUIREMENT OF READING 'I71E SAI1E ON T590 SEPARATE DAYS BY A VOTE OF NOT LESS TITAN FOUR —FIFTHS OF THE MEMBERS OF THE COMMISSION. Was introduced by Commissioner Gibson and seconded by Commissioner Lacasa 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 Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Mr. Carollo. Whereupon the Commission on motion of Commissioner Gibson and seconded by Commissioner Lacasa, adopted said ordinance by the following vote -AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Mr. Carollo. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9331 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. 41. SUBMIT GRANT APPLICATION: VIRGINIA KEY DEVELOPMENT PROJECT Mr. Plummer: Move 2. THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM IN AN AMOUNT OF $200,000; FURTHER AUTHORIZING THE ALLOCATION OF $250,000 FROM FISCAL YEAR 1981-82 FL40RIDA POWER AND LIGHT a FRANCHISE FEES TO PROVIDE THE )REQUIS D CASH x3 MATCH FOR A PROGRAM ENTITLED "VIRCINZA KEY DEVELOPMENT PROJECT"; AU71iOP.TZJNG AND DIRECT- ING THE CITY MANAGER TO ACCEPT A GRANT AWARD '_. FROM THE STATIC OF FLOPIDA, Di PARTPIT;NT Ox NATURAL RESOURCES, UNDE'P. THE FLORIDA Rr,.:R-FATION DEVELOP— MENT ASSISTANCY PRGGRA11 FOR THE VIRGINIA KEY DEVELOPMENT PROJECT; FURPiER AUTHORIZING AND ` DIRECTING THE CITY MANAGER TO EXECUTE THE NECES- SARY CONTRACTS) AND/OR AGREEMENT(S) TO IMPLEMENT SAID GRANT IN ACCORDANCE WITH APPLICABLE CITY CODE PROVISIONS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Vice -Mayor Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. 42. ACCEPT GRANT AWARD: RECREATION PROGRAMS FOR MENTALLY RETARDED Mr. Plummer: I move 9B. Mayor Ferre: Plummer moves 9B, is there a second? Lacasa seconds, further discussion, call the roll on 9B. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-866 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT AWARD FROM THE FLORIDA DEPART - OF HEALTH AND REHABILITATIVE SERVICES FOR RECREATION PROGRAMS FOR 7liE MENTALLY RETARDED (6TH YEAR) AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE 771E NECESSARY r CONTRACTS) AIdD/OR AGREDIENT(S) TO IMPLEMENT THE PROGRAM. (Here follows body of resolution1, omitted here and on file in the Office of the City Cler)c). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Mr. Lacasa, Mr. Plummer, Vice -Mayor Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. 98 43. SUBMIT GRANT APPLICATION: LOCAY, GOVERNMENT COMPREHENSIVE PLANNING ACT ASSISTANCE FUND PROGRAM Mayor Ferre: Take up Item 3, the Manager to submit a grant application for twenty thousand. Lacasa moves, Plummer seconds, further discussion? This is an application for a grant, ok? Is that right? Mr. Gary: Yes, sir. Mayor Ferre: Further discussion, call the roll on 3. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-867 A RESOLUTION AUTHORIZING THE MANAGER TO SUBMIT A GRANT APPLICATION IN THE N.IOUNT OF $20,000; REQUESTING THE DEPARTMENT OF COMMUNITY AFFAIRS TO INCLUDE THE APPLICATION UNDER THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT ASSISTANCE FUND PROGRAM FOR THE 1981-1982 PROGRAM YEAR; FURTHER INDICATING COMMISSION COMMITMENT TO COMPLY WITH APPLICABLE LAWS, RULES AND REGULATIONS FOR THE PROGRAM AS DESCRIBED IN CHAPTER 9B-5 FLORIDA ADMINISTRATIVE CODE. (Here follows body of resolution, omitted here and on file -in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Mr. Lacasa, Mr. Plummer, Vice -Mayor Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. 44. AUTHORIZE CONTINUED EMPLOYMENT OF ARNOLD 6 PORTER AS SPECIAL COUNSEL REGARDING CABLE TELEVISION MATTERS Mayor Ferre: Gibson moves 4, Lacasa seconds, further discussion? Mr. Plummer: All paid by the successful licensee. Mr. Gary: Yes, sir. Mayor Ferre: Yes. And this is not to exceed a hundred thousand, is that right? Mr. Gary: Yes, sir. Mayor Ferre: Alright, call the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: 99 004T 7 0 r1 RESOLUTION NO. 81-868 /"'N A ]RESOLUTION AUTHORIZING THE CITY ATTORNEY TO; CONTINUE THE EMPLOYMENT OF THE LAW FIRM or ARNOLD & PORTER, WASHINGTON, D.C., AS SPECIAL COUNSEL REGARDING CABLE TELEVISION MATTERS, AND AUTHORIZING AN ADDITIONAL AMOUNT NOT TO s EXCEED $100,000 ,AS COMPENSATION FOR SAID FIRM. (Here follows body of resolution, omitted here and on file in the Off .ce of the City Clerk) . Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Vice -Mayor Gibaon and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. „} 45. ACCEPT GRANT: "KWANZA FESTIVAL - 5TH YEAR" Mayor Ferre: We are now on•9C, the Kwanza Festival 5th year. Manager recommend? Does the Mr. Gary: Yes, sir. Mayor Ferre: Alright, Gibson moves, is there a second? further discussion, Lacasa seconds, call the roll. The following resolution was introduced by Commissioner moved its adoption: Gibson, who RESOLUTION NO. 81-869 ... A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT GRANTS FOR A CULTURAL PROGRAM BASED 'dl ON AFRO-AMERI CAN HERITAGE ENTITLED "KWANZA FESTIVAL-5TH YEAR,, � FROM METROPGLITAN DADS COUNTY, THE NATIONAL ENDOWMEt1T FOR THE ARTS, AND OTHER REVENUE SOURCES, AND FURTHER AU- THORIZING THE CITY IWA AGER 710 EXECUTE THE NECESSARY IMPLEMENTING CONTPACPS 7,24D AGREE- MENTS UPON RECEIPT OF 7HE GRANTS. (Here follows body of resolution, omitted here in the Office and on file of the City Clerk). Upon being seconded by COmlrtissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Vice -Mayor Gibson and Mayor Ferre. NOES: None. r, i ABSENT: Mr. Carollo. fir° K 46. ENTER INTO CONTRACT: INSTALL RISK MANAGEMENT INFORMATION SYSTEM Mayor Ferre: We are now on 11. How about the Risk Management information system? Did we do 11? What? Mr. PluTmner: How much? Mayor Ferre: 11? Mr. Gary: Forty-three thousand dollars. d Mayor Ferre: Wait a minute, are we on � Mr. Gary: Yes, sir. Mayor Ferre: I thought we had already voted for that. -w Mr. Ongie: I thought we did too, I'm double checking. Mayor Ferre: We have already moved that. Mr. Ongie: It came up and it was temporarily deferred. You are right, Mr.. Gary. We didn't... Mayor Ferre; Alright, anybody have a problem with that, Plummer? Mr. Plummer: No. Mayor Ferre: Plummer moves, Gibson seconds, further discussion, call'the roll on 11. The following resolution was introduced by Commissioner Plummer, moved its adoption: RESOLUTION NO. 81-870 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH JOHNSON ANDo ssYa� HIGGINS OF FLORIDA, INC., TO INSTALL A... - RISK MANAGEMENT INFORMATION SYSTEM FOR THE SELF INSURANCE FUND ADMINISTERED BY THE RISK MANAGE�M:NT DIVISION OF THE FINANCE DEPARTMENT; ALLOCATING THE SUM OF $34,300 FROM THE 1.982 SELF INSURANCE FUND BUDGET TO COVER THE COST OF INSTALLATION AND ADMINISTRATION OF SAID SYSTEM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Vice -Mayor Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. I f 47. APPROVE QUALIFIED CONSULTING FIP11: POLICE PERFORMANCE PROJECT Mayor Ferre: Did we vote on 11A? Mr. Gary: No, sir. Mayor Ferre: Plummer moves, Lacasa seconds, further discussion, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-871 A RESOLUTION PROVIDING THE MOST QUALIFIED CONSULTING FIRMS AN OPPORTUNITY TO FURNISH MANAGEMENT ADVISORY SERVICES FOR THE MIAMI POLICE PERFORMANCE PROJECT; AUTHORIZING THE CITY MANAGER TO UNDERTAKE CONTRACT NEGOTIATIONS WITH SAID FIRMS ON A RANKED ORDER BASIS FOR SAID PROJECT TO ARRIVE AT A CONTRACT WHICH IS FAIR, COMPETITIVE AND REASONABLE; AND REQUIRING THE CITY MANAGER TO PRESENT SAID NEGOTIATED CONTRACT TO THE CITY COMMISSION FOR APPROVAL PRIOR TO THE EXECUTION THEREOF. (Here follows body of rezollition, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Vice -Mayor Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. 48. AUTHORIZE AGREEMENT: SET CORPORATION TO PROVIDE VOCATIONAL TRAINING TO YOUTH Mayor Ferre: 11B? Plummer moves, Gibson :.seconds, this is vocational training for the... in the Model City and Overtown neighborhood area, further discussion, call the roll. The following resolution was intrnduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-872 RESOLUTION AUTHORIZING THE CITY MXNAGER TO ENTER INTO A AGREEMENT WITH Ttir SET CORPORATION TO PROVIDE VOCATIONAL T AINIY.G `1Y? YOUTH BETWEEN THE AGES Or 16 P.ND 22 YEk S IN THE MODEL CITIES AND OVERTOWN NEI GHL-ONIDDD; A1_2,OC1,TI1-QG $47, 413 DOLLARS FROM THE TRUST MND AGENCY F''UND TITLED YOUTH EDUCATION TILA.INING (YET) PROJECT VUND TO COVER THE COST OF SAID CONTRACT FOR SAID PROJECT; 102 AND FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT AND EXECUTE THE NECESSARY AGREEMENTS TO IMPLEMENT THE PROGRAM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was � passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Vice -Mayor Gibson and Mayor Ferre.' r, _;.. NOES: None. ABSENT: Mr. Carollo. 49. CLAIM SETTLEMENT: CLARIBEL MATTEO Mayor Ferre: Now, this Claribel Matteo was held up last time for some reason or other, you remember what it was? Mr. Plummer: Yes, I asked for additional information and I got it and I still disagree with it. Go ahead and pass it. Mayor Ferre; Alright, Lacasa, you want to move it? Mr. Lacasa: Move. Mayor Ferre: Alright, Lacasa moves, Gibson seconds, further discussion on Item 12, call the roll. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-873 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO CLARIBEL MATTEO, WITH - OUT THE ADMISSION OF LIABILITY, THE SUM OF FIVE THOUSAND DOLLARS ($5,000.00) IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY jxri INJURY, PERSONAL INJURY PROTECTION LIENS,`,. AND V:ORKI,, EW S COMPENSATION LIENS, ALL CLAIMS A.ND DEMANDS AGAINST THE CITY OF MIAMI, AND UPON 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 Gibson, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Vice -Mayor Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. C C NOTE FOR RECORD: AGENDA ITEM 13 WAS DEFERRED NOTE FOR RECORD: AGENDA ITEM 14 AND 15 WERE WITHDRAWN 50. ACCEPT BID: HOSE TOWER FOR FIRE STATION #12 Mayor Ferre: 16? Mr. Plummer: Move it. Mayor Ferre: Plummer moves, Lacasa seconds, further discussion, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-874 A RESOLUTION ACCEPTING THE BID OF MET CONSTRUCTION, INC. IN THE PROPOSED AMOUNT OF $24,000: BASE BID "A" OF THE PROPOSAL, FOR HOSE TOWER - FIRE STATION NO. 12; WITH MONIES THEREFOR TO BE PROVIDED FROM THE "SELF INSURANCE TRUST FUND" IN THE AMOUNT OF $24,000 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $2,640 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $660 TO, COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE; ALLOCATING FROM SAID FUND THE AMOUNT OF $1,000 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). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Vice -Mayor Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. 51. ACCEPT BID: 500 PLASTIC TOTE BARRELS Mayor Ferre: 16A. Lacasa moves, Gibson seconds, further discussion, these are the... Call the roll. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-875 A RESOLUTION ACCEPTING THE BID OF COUNTY PLASTICS CORPORATION FOR FURNISHING 500 PLASTIC TOTE BAR- RELF `^ THE DEPARTMENT OF SOLID WASTE; AT A TOTAL COST OF $15,250.00; ALLOCATING FUNDS THEREFOR FROM THE PRIOR YEAR RESERVE FUND; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PUR- CHASE 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 Gibson, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Vice -Mayor Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. 52. APPOINTMENT TO CODE ENFORCEMENT BOARD Mayor Ferre: Code Enforcement Board. We have any recommendations? Ron Frazier, the architect? So, did you check it out with Gibson's Office? Is Ron Frazier acceptable to you, Father? Alright, it's our appointment and we are... I move that Ron Frazier be appointed to the Code Enfcrcement Board. It's our appointment because the guy... who? Jim Cassel was my appointment and he resigned and it's my appointment. Jim Cassel was my....... id right, Father Gibson moves Ron Frazier, Lacasa seconds, further discussion, call the roll. The following motion was introduced by Commissioner Gibson, who moved its adoption: MOTION NO. 81-876 A MOTION OF THE CITY COMMISSION APPOINTING MR. RONALD FRAZIER TO THE CITY OF MIAMI CODE ENFORCEMENT BOARD. Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES; Mr. Plummer, Mr. Lacasa, Vice -Mayor Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. 105 OCT 7 1981 NOTE FOR RECORD: Ac^�.', ITEM 18 WAS DEFERR3 T) 53. APPOINTMENT OF INDIVIDUALS TO CITY OF MIAMI ADVISORY COUNCIL ON TRADE & COMMERCE DEVELOPMENT Mayor Ferre: Hey, just tell me who you don't agree with. Anybody have any problems with Willie Gort, Juan De Cerro, Sonny Wright, Alin Rosenthal, Juan Acosta, Juvenal Pina, Lawrence Berger, David Blumberg, George Greene, Isidoro Rodriguez, Roosevelt 'Thomas, Jose Robles De Acuna, J. Gottlieb, Julio Balsera and Aramando Codina, that makes fifteen. Alright, is there a motion? Plummer moves, Lacasa seconds, further discussion, call the roll, please. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-877 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO THE CITY OF MIAMI ADVISORY COUNCIL ON TRADE AND COMMERCE DEVELOPMENT FOR A TERM OF TWO YEARS COMMENCING JULY 23, 1981. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). e Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Vice -Mayor Lacasa and Mayor Ferre, NOES: None. ABSENT: Mr. Carollo. 54. APPOINTMENT OF PERSONS TO MIAMI MEMORIAL COMMITTEE Mayor Ferre: Alright, the Miami Memorial Committee. I recommend Arthur King whoever he is. Who is he? Go ask Gibson if Arthur King is acceptable to him. And Mrs. James Wooten. Anybody else? Anybody else? Lacasa moves, Plummer seconds, further discussion on 20, call the roll. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-878 A RESOLUTION APPOINTING TWO TO THE MIAMI MEMORIAL COMMITTEE TO FILL UNEXPIRED TERMS THEREON, ENDING SEPTEMBER, 1982. (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: Mr. Plummer, Mr. Lacasa, Vice -Mayor Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. 106 �. ra,= s.. 11 LJ 55. APPROVE CONCEPT OF MONUMENT IN HONOR OF CUBAN MARTYRS WHO LOST THEIR LIVES IN THE QUEST OF FREEDOM Mayor Ferre: Alright, what Item is he on? Mr. Lacasa: 55. Mayor Ferre: Go ahead. What are you doing? Come on, let's go. We are wasting time. (SPEAKS IN SPANISH). (COMMENTS IN SPANISH) . Mayor Ferre: Joist summarize... capsulize what he wants. Mr. Odio: (SPEAKS IN SPANISH). Mr. Gary: You just want to see the specs of the monument and look at where he wants to put it in the park. Mayor Ferre: While we are at it and while we are waiting for our third vote here, we need Mr. Manager to look at that monument on 8th Street and Cuban Memorial Boulevard, the Bay of Pigs monument. It's filthy. The gas doesn't work. Mr. Odio: We took care of that Mr. Mayor. We had it steam cleaned and the lights were fixed, but the problem is that the they are having rituals in a tree nearby at night and they tear up the lights so that they can have darkness. Mayor Ferre: Well, I'm going to tell you, if they keeping on doing that we are going to chop down that tree and I'm going to be like George Washington _ and I'm going to go out there an chop it myself, ok? You tell the that they can kill all they chickens they want and curse me for it, but I'm going to chop that tree down if they keep... (COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Alright, call the roll now. This is to refer it to the Manager for investigation and so on. Call the roll, please. 107 nrT 7 1�81 C N the foiiowihq ftotioh was introduced by commissioner Lacanat vbo i wed it6 adoptions MOTION NO. 81-879 A MOTION OF THE CITY COMMISSION APPROVING IN CONCEPT A REQUEST MADE BY A REPRESENTATIVE, OF THE PRESIDIO POLITICO HISTURICO CUBANO TO HAVE THE CITY ADMINISTRATION REVIL'W THEIR PROPOSAL TO HAVE A MONUMENT ERECTED TO HONOR CUBAN MARTYRS AT APPROXIMATELY 1136 S .W. 13THE AVENUE; FURTHER REQUESTING THE CITY MANAC,FR TO I`•1AKE SURE THAT THE SEPCIFICATIONS OF THE MONUMENT AND THE SPECIFIC PLACE IN WHICH THEY ARE, TRYING TO PUT IT ARE ACCEPTABLE TO THE CITY. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Vice -Mayor Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Ci�rollo. r56. FORMALIZING RESOLUTION: FUNDING= CF ASPIRA Mayor Ferre: Now, Plummer moves and Lacasa seconds a resolution amending Section 1 of Resolution 81-816 adopted September 24th which allocated certain funds for approval of social service agencies, Plummer, in an amount not to exceed 2/12th of the total allocation to such agencies for 1980-81 by providing the the amount allocated therein to norinquen Health Center be reduced from six thousand six sixty-six to seven hundred seventy by allocating therein to five thousand eight ninety-six to Aspria of Florida. Now, is Dena Spillman around? Mr. Manager, would you answer to me why Borinquen Health Center is getting seven hundred seventy dollars. The motion was that it wasn't going to be anything. Mr. Gary: Well, that's already spent... they have already spent that amount. Mayor Ferre: I got you. Ok, Plummer moves, Lacasa seconds, call the roll. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-880 A RESOLUTION AMENDING SECTION 1 OF RESOLUTION NO. 81-816, ADOPTED SEPTEMBER 24, 1981, WHICH ALLOCATED CERTAIN FUNDS FOR APPROVED SOCIAL SERVICE AGENCIES IN AN AMOUNT NOT TO EXCEED 2/12TH OF THE TOTAL ALLOCATION TO SUCH AGENCIES FOR _ - FY 180-81 BY PROVIDING THAT THE AMOUNT ALLOCATED THEREIN TO BOP.INQUEN HEALTH CARE CENTER BE REDUCED FR014 $6,666 TO $770 AND BY ALLOCATING THEREIN 'FHE SUM OF $5,896 TO ASPIRA OF FLORIDA, INIC. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) . Upon being seconded by Commmissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Vice -Mayor Gibson and Mayor Ferre. NOES: None. �-- ABSENT: Mr. Carollo. 108 vl C 57. CONSENT AGENDA Mayor Ferre: "Before the vote on adopting all items included in the Consent Agenda is taken (Items 36-49), is there anyone present who is an objector or proponent that wishes to speak on any item in the Consent Agenda? Hearing none, vote on adoption of the Consent Agenda will now be taken. The following resolutions were introduced by Commissioner Plummer, seconded by Commissioner Lacasa and passed and adopted by the following vote - AYES: Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor Theodore Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Mr. Carollo 57.1 CLAIM SETTLEMENT: UNITED SERVICES AUTOMOBILE ASSOCIATION RESOLUTION NO. 81-881 A RESOLUTION AUTHORIZING THE DIRECTOR OF CE TO PAY TO UNITED SERVICES AUTOMO- FINAN �, .,. -----------_—..., r..�.m a.. err. ern►r wnuTCCTHAT .. } .,,. 572 ACCEPT BID: FORBES PLUMBING & HEATING, INC. - REPAIR 2 POOL FILTERS RESOLUTION NO. 81-882 A RESOLUTION ACCEPTING THE BID OF FORBES PLUMBING & HEATING, INC. FOR FURNISHING REPAIRS TO 2 POOL FILTERS FOR THE DEPARTPMNT OF BUILDING & VEHICLE MAINTENANCE; AT A TOTAL COST OF $8,870.00; ALLOCATING FUNDS THEREFOR ,r FROM THE 1980-81 RESERVE FUND BALANCE; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PUR- CHASE ORDER FOR THIS SERVICE. BOTANICAL GARDEN CENTER, CORAL REEF NURSERIES, R. E. WHIGHAM NURSERY - 12,000 PLANTS AND TREES RESOLUTION NO. 81-883 A RESOLUTION ACCEPTING THE BIDS FOR FURNISHING APPROXIMATELY 12,000 PLANTS & TREES TO THE DE- PARTMENT OF PARKS AS FOLLOWS: 8ID OF BOTANICAL GARDEN CENTER AT A COST OF $41,100.00; BID OF CORAL REEF NURSERIES AT A COST OF $38,385.00; BID OF R. E. WHIGHAM NURSERY AT A COST OF $14,400.00; AT A TOTAI, COST OF $93,885.00; ALLOCATING FUNDS THEREFOR FROM THE FOURTH AND FIFTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANTS: AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDERS FOR THESE MATERIALS. 109 �` 7 1981 f", m 57.4 ACCEPT BID: FLORIDA LEVEL & TRANSIT CO., INC. — SURVEY EQUIPMENT RESOLUTION NO. 81-884 A RESOLUTION ACCEPTING THE BID OF FLORIDA LEVEL & TRANSIT COT., INC. FOR FURNISHING SURVEY EQUIP— MENT TO THE DEPARTMENT OF PUBLIC WORKS AT A TOTAL COST OF $13,166.00; ALLOCATING FUNDS THERE- FOR FROM SANITARY SEITi it BOND FUNDS; AUTHORIZING THE CITY MANAGER AND THE PURCHA.STIdG AGENT TO ISSUE T?iE PUP.C:IiA: E 01?DI7R FOR TITS TOUTP1,1ENT. 57.5 ACCEPT BID: ADAMS CONSTRUCTION EQTJIPPg­7,NT COMPANY, H. F. MASON EQUIPMENT COMPANY, SHELLEY TRACTOR & EQUIPMENT COMPANY - ASPHALT PAVING EQUIPMENT `"ACCEPT BID: RESOLUTION NO. 81-685 A RESOLUTION ACCEPTING THE BID FROM ADAMS CONSTRUCTION EQUIPMENT CO. FOR FURNISHING ONE ASPHALT PAVER AT A COST OF $42,710.00; THE BID FROM H. F. MASON EQUIPMENT CO. FOR FURNISIING ONE 20 TON TRAILER AT A COST OF $14,728.00; AND THE BID FROM SHELLE;Y TRACTOR AND EQUIPMENT CO. FOR FURNISHING ONE 5 TON ROLLER AT A COST OF $25,358.00; TO THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE; AT A TOTAL COST OF $82,796.00; ALLOCATING FUNDS THEREFOR FROM THE 1960-81 RESERVE FUND BALANCE: AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDERS FOR THIS EQUIPMENT. SO. FLORIDA POLICE PRODUCTS, INC. — UNIFORMS (CONTRACT FOR ONE YEAR) RESOLUTION NO. 81-856 A RESOLUTION ACCEPTING THE BID OF SOUTH FLORIDA POLICE PRODUCTS, INC. FOR FURNISHING UNIFORMS ON A CONTRACT BASIS FOR ONE YEAR TO THE DEPARTMENT OF POLICE; AT A TOTAL COST OF $210,024.15; ALLO— CATING FUNDS THEREFOR FROM THE 1980-81 OPERATING BUDGET OF THAT DEPARTMENT; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDERS FOR THESE MATERIALS. JULES BROS. UNIFORMS, INC. — UNIFORMS (CONTRACT FOR ONE YEAR) RESOLUTION NO. 81-886 A RESOLUTION ACCEPTING THE BID OF JULES BROS. UNIFORMS, INC. FOR FURNISHING UNIFORMS ON A CONTRACT BASIS FOR ONE YEAR TO THE DEPARTMENT OF FIRE AT A TOTAL ESTIMATED COST OF $52,174.95; ALLOCATING FU!�DS THEREFOR FROM THE 1981-82 OPERATING BUDGET OF THAT DEPARTba-:NT; AUTHORIZING THE CITY MANAGER AND THE PURCIASING AGENT TO ISSUE THE PURCHASE ORDER FOR THESE MATERIALS. CHEVRON, USA, INC.; GULF OIL CO., U.S.; RANCO OIL CO., INC. AND ROSS OIL CORPORATION RESOLUTION 140. 61-887 A RTr-OT.U'T_'ION ACCEPTING THE BID FROM CHEVRON USA, INC. AT AN ESTIMATED COST OF $2,238,520.00; THE BID FROM GULF OIL CORP. U. S. AT AN ESTIMATED COST OF $22,520.00; THE BID FROM, :NCO OIL CO., INC. AT AN ESTIMATED COST OF $360,550.00; AlND THE BID FROM ROSS OIL CORP. AT AN ES— TIMATED COS.' OF' $30, 723.00 FOR FRUNISHIIIG FUELS AND LUBRICANTS FOR ONE YELTZ ON A CONTRACT BASIS TO THE DE— PARTMENT OF BUILDING tli D VrZHICLE MA1N'1ENANICE AT A TOTAL ESTIMATED COST OF' $ , 651, 313.00; Aj-1-fiiCATING FUNDS THRE- FOR FRDM T2iE 1961-62 01J RATING BUDGET OF 'I hT DEPARTMENT; AUTHORIZING T}iE CITY KkNIAGE1 AIN'D THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDERS FOR THESE MATERIALS. 110 • vi 57.9 ACCEPT BID: MIRI CONSTRUCTION INC — BUENA VISTA COMMUNITY DEVELOPMENT PAVING PROJECT — PHASE VI B-4469 RESOLUTION NO. 81-888 A RESOLUTION ACCEPTING THE BID OF MIRI CONSTRUCTION, INC. IN THE PROPOSED A14OUNT OF $354,157.76, TOTAL BID OF THE PROPOSAL, <; t FOR BUENA VISTA C.D. PAVING PROJECT — PHASE VI; WITH MONIES THEREFOR ALLOCATED � FROM THE "FEDERAL COi411U"ITY DEVELOPMENT BLOCK GRANT" IN 7-HE AMOUNT OF $150,000.00 TO PARTIALLY COVER THE CONTRACT COST; WITH MONIES THEREFOR ALLOCATED FROM THE "CAPITAL IMPROVE11ENT FUND" IN THE AMOUNT OF $204,157.76 TO COVER THE REMAINDER OF THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $38,957.24 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $7,083.00 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORA'A)R.IES, AND POSTAGE; ALLO— CATING FROM SAID FUND THE AMOUNT Of' $9,182.00 TO COVER THE INDIRECT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM F.R.E. CONSTRUCTION CORPORATION — ALLAPATTAH COMMUNITY DEVELOPMENT PAVING PROJECT — PHASE IV B-4468 BID "B" (SANITARY SEWER) RESOLUTION NO. 81-889 A RESOLUTION ACCEPTING THE BID OF FRE CONSTRUCTION CO., INC. IN THE PROPOSED AMOUNT OF $75,643.00, BID "B" (SANITARY SEWER) OF THE PROPOSAL, FOR ALLAPATTAH ; C. D. PAVING PROJECT — PHASE IV; WITH f MONIES THEREFOR ALLOCATED FROM THE ` Ih '� "FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT" IN THE AMOUNT OF $75,643.00 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $8,321.00 TO'= COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT' OF $1,513.00 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORA— TORIES, AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIFA 57.11 ACCEPTING BID: P.N.M. CORPORATION — ALLAPATTAH COMMUNITY DEVELOPMENT PAVING PROJECT PHASE IV — B-4468 BID "A" (HIGHWAY) RESOLUTION NO. 81-890 A RESOLUTION ACCEPTING THE BID OF P.N.M. CORPORATION IN TIME PROPOSED AMOUNT OF $282,954.77, BID "A" (HIGHWAY) OF THE PROPOSAL, FOR ALLA.PATTAH C.D. PAVING PROJECT — PHASE IV; WITH MONIES THEREFOR ALLOCATED FROM, THE "FEDERAL COM2-flJNITY DEVELOPMENT BLOCK GRANT" IN THE AMOUNT OF $262,954.77 TO COVER THE CONTRACT COST; ALLOCATING FROX, SAID FLRU D THE AMOUNT OF $31,125. 23 TO COI.T-..i: THE COST OF PROJECT EXPENSE; hI.LOCLTIN.G FROM SAID FUND THE AMOUNT OF' $ 5,660.00 '110 COVER THE COST OF SUCH ITEMS PS kDVERTISING, TESTING LABORATORIES, 7-1D POSTAGE; AND AUTHORIZING THE CITY M N;? G--R TO EXECUTE A CONTRACT WITH SAID FIRM .t11 -.a& c S1,12 AC7 t"T $tbs MARTIN (MANEY EQUIPMENT RENTALS, INC. - AUBURN SANZTW SEWER IMPROVEMENT SR-5475—C 57 13 RESOLUTION NO. 81-891 A RESOLUTION ACCEPTING THE BID OF MARTIN— CHANEY EQUIPMENT RENTALS, INC. IN THE PROPOSED AMOUNT OF $2,731,825.50, BASE BID OF THE PROPOSAL, FOR AUBURN SANITARY SEWER IMPROVEMENT IN AUBURN SANITARY SEWER IMPROVEMENT DISTRICT SR-5475—C (CENTERLINE SEWER); WITH MONIES THEREFOR ALLOCATED FROM THE "SANITARY SEWER G. 0. BOND FUND" IN THE AMOLTNT OF $2,731,825.50 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $300,500.50 TO COVER ' THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FM4D TiiE AMOUNT OF $ 54 , 636 .00 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE; ALLOCATING FRO, SAID FUND THE AMOUNT OF $113,291.00 TO COVER THE INDIRECT COST; AND SUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WI1H SAID FIRM ?T COMPLETED WORK: 57.14_ ACCEPT BID: TRI—COUNTY FENCE COMPANY, INC. — ORANGE BOWL - SECURITY F''NCE RESOLUTION NO. 81-892 A RESOLUTION ACCEPTING THE COMPLETED WORK OF TRI COUNTY FENCE COMPANY, INC. AT A TOTAL COST OF $150,671.00 FOR ORANGE BOWL - SECURTIY FENCE; AND AUTHORIZING A FINAL PAYMENT OF $15,067.10 D.M.P. CORPORATION - CITY WIDE - 1981 - SANITARY SEWER EXTENSIONS IMPROVEMENT SR-5476 RESOLUTION NO. 81-893 A RESOLUTION ACCEPTING THE BID OF D.M.P. CORPORATION IN THE PROPOSED AMOUNT OF $237,148.67, TOTAL BID OF THE PROPOSAL, FOR CITY WIDE — 1981 — SANITARY SEWER'' EXTENSIONS IMPROVEMENT IN CITY WIDE 1981 — SANITARY SEWER EXTENSIONSs � r IMPROVEMENT DISTRICT SR-5476—C (CENTERLINE SEWER) ; WITH MONIES TliEREFOR ALLOCATED FROM THE "SANITARY SEWER G. 0. BOND FUND" IN THE AMOU24T OF $237,148.67 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND Tllr A2d0ITNT OF $26,086.33 TO COVER s THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FU14D THE Al-101114T OF $4, 730.00 COVER THE COST OF SUCH ITEMS AS TO ADVERTISING, TESTING LABORATORIES, AND POSTAGE; ALLOCATING FROM SAID FUND THE AMOUNT OF $9,835.00 TO COVER THE INDIRECT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM , :! l 11 11 2 1.r to L 0 ME 58. ORDERING RESOLUTION: ALLAPATTAH HIGHWAY IMPROVEMENT H-4474 Mayor Ferre: Take up 25, which is the Al.lapattah Highway Improvement. Plummer, you got any problems with that? Mr. Plummer: No. Mayor Ferre: Alright, Plummer moves, Lacasa seconds, ,:all the roll on 25. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-894 A RESOLUTION ORDERING ALLAPATTAH HIGHWAY IMPROVEMENT, AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS ALLAPATTAH HIGHWAY IMPROVEMENT DISTRICT H-4474 (Hera follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Vice -Mayor Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. 59. VACATE, DISCONTINUE AND ABANDON 2 SANITARY SEWER EASEMENTS Mayor Ferre: Have we done 24? Mr. Ongie: No. Mayor Ferre: Alright, Plummer, you go any problems with 24. This i s the quick claim deed on Southeast Bayshore. Plummer moves, Lacacas seconds 24, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-895 A RESOLUTION VACATING, DISCONTINUING AND ABANDONING TWO (2) SANITARY SEWER EASEMENTS AND RETURNING SAME TO PRESENT OWNERS LOCATEDy PARTIALLY WITHIN UNPLkTTED LAND SITUATED AT APPROXIMATELY 1300 S. E. BAYSHORE DRIVE AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE A QUIT CLAIM DEED THEREFOR. 113 OPT l' (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Vice -Mayor Gibson and Mayor Ferre, NOES: None. ABSENT: Mr. Carollo. 60. ORDERING RESOLUTION: MANOR HIGHWAY IMPROVEMENT PHASE II Mayor Ferre: 26 is Manor Highway Improvement Phase II. Plummer you got•any - problems? Mr. Plummer: Move it. Mayor Ferre: Plummer moves, Lacasa seconds, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-896 A RESOLUTION ORDERING MANOR HIGHWAY IMPROVEMENT - PHASE II, AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS MANOR HIGHWAY - IMPROVEMENT DISTRICT - PHASE II H-4473. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: ;.i AYES: Mr. Plummer, Mr. Lacasa and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo and Vice -Mayor Gibson. 61. AUTHORIZE INCREASE IN SCOPE OF CONTRACT: CULMER CON1DMlt'ITY DEVELOPI,1ENT PAVING PROJECT PHASE IV Mayor Ferre: 27 is the Culmer Community Development Paving Project, Phase IV. Lacasa moves, Plummer seconds, further discussion, call the roll. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: 114 OCT 7 �'r1 RESOLUTION NO. 81-897 RESOLUTION AUTHORIZING AN INCREASE IN THE SCOPER OF THE CONTRACT BETWEEN THE CITY OF MIAMI AND BIG "C" LITTLE "0" PAVING AND EQUIPMENT RENTAL CO. FOR r* THE CONSTRUCTION OF CULMER COMMUNITY DEVELOPMENT 'azF# ` PAVING PRO-FCT - PHASE IV IN AN AMOUNT NOT TO EXCEED $17,000; AND ALLOCATING THE ADDITIONAL $17,000 FROM TFEDF_�P.AL C0E,W1iJNITY DEVELOPMENT BLOCK GRANT FUNDS. (Here follows body of resolution, omitted here and on file 62. AUTHORIZE INCREASE IN SCOPE OF CONTRACT: SOUTHERN DRAINAGE PROJECT E-51 Mayor Ferre: Plummer moves the Southern Drainage Project E-51, which is Item 28, Lacasa seconds, further discussion, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-898 A RESOLUTION AUTHORIZING AN INCREASE IN THE SCOPE OF THE CONTRACT BETWEEN THE CITY OF MIAMI AND D.M.P. CORPORATION FOR THE CONSTRUCTION OF SOUTHERN DRAINAGE PROJECT E-51 IN AN AMOUNT OF $40,000; AND ALLOCATING THE ADDITIONAL $40,000 FROM THE "STORM SEWER G.O. BOND FUND" (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo and Vice -Mayor Gibson. x L' tt F k Yk s� x L s S xf" h t °tr" a�w xrr�r1.0 � xq,�Zir h F .� z r Ll 63. AUTHORIZE INCREASE IN SCOPE OF CONTRACT: WEST TRAILVIEW HIGHWAY IMPROVEMENT H-4447 Mayor Ferre: Plummer moves the West Trailview Highway Improvement which is Item 29, Lacasa seconds, further discussion, call the roll. The following resolution was introduced by Commissioner Plu[nner, who moved its adoption: RESOLUTION NO. 81-899 A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT IN AN AMOUNT NOT TO EXCEED $40,000 BETWEEN THE CITY OF MIAMI AN!) MIRI CON- STRUCTION, INC. FOR THE CONSTRUCTION OF WEST TRAILVIEW HIGHWAY IMPROVEMENT IN THE WEST TRAILVIEW HIGHWAY IMPROVEMENT DISTRICT H-4447, SAID AMOUNT TO BE PROVIDED BY HIGHWAY BOND FUNDS (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo and Vice -Mayor Gibson. 64. AUTHORIZE INCREASE IN SCOPE OF CONTRACT: DEMOLITION OF S.C.L. RAILROAD STATION Mayor Ferre: The S.C.L. Railroad Station demolition, Plummer moves with the conditions that Plummer stipulated before that the State pays for it, seconded by Lacasa, further discussion, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: ® RESOLUTION NO. 81-900 A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT AMOUNT OF $6,500 BETWEEN THE C1 Y OF MIAMI AND BEN HURWITZ, INC. FOR THE S.C.L. RAILROAD STATION - DEMOLITION; SAID AMOUNT TO BE PROVIDED BY FIFni YEAR FEDERAL COj*"4ITY DEVELOPMENT BL =K GRANT FUNDS (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). ® Upon being seconded by Collo,issiorer. Lacasa, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo and Vice -Mayor Gibson. 116 OCT 7 1981 LATIN QUARTER PAVING PROJECT - PHASE 1 Mayor Ferre: Lacasa moves the Latin Quarter Paving Project, Plummer seconds, call the roll. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 51-901 A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT IN THE AMOUNT OF $56,000 BETWEEN THE CITY OF MIAMI AND P.N.M. CORPORATION FOR THE CONSTRUCTION OF LATIN QUARTER PAVING PROJECT - PHASE I (2ND BIDDING), SAID AMOUNT TO BE PROVIDED BY U. S. DEPARTMENT OF CO�211ERCE ECONOMIC DEVELOPMENT MATCHING "LATIN QUARTER" 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 adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo and Vice -Mayor Gibson. 66. ACCEPT 6 RIGHT OF WAY DEEDS OF DEDICATION FOR WIDENING OF N.W. 7 COURT, N.W. 52 AND 54 STREETS MANOR HIGHWAY IMPROVEMENT PHASE I H-4465 Mayor Ferre: Plummer moves the six right-of-way deeds dedication on Northwest 7th Court, Lacasa seconds Item 32, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 51-902 A RESOLUTION ACCEPTING SIX (6) RIGHT OF WAY DEEDS OF DEDICATION FOR WIDENING N.W. 7 COURT BETWEEN N.W. 52 AND 54 STREETS AND WAIVING THE ASSESSMENTS FOR STREET IMPRGVEMENTTS ON N.W. 7 COURT UNDER MANOR HIGHWAY IMPROVEMENT - PHASE I H-4465 AGAINST THOSE PROPERTIES WHOSE OWNERS EXECUTED SAID RIGHT OF WAY DEEDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo and Vice -Mayor Gibson. '' 117 W, r r] Mayor Ferre: Lacasa moves the issue to issue a permit and to execute the appropriate assessments to the Miami Date amain and Sewer across Authority pfor the rty construction and maintenance of a on Virginia Key. Mr. Plummer: Defer. Mayor Ferre: There is a motion to defer• ... Mr. Lacasa: Second. Mayor Ferre: ... seconded, call the roll. re ng Mr, Plummer: And the reason for deferral#I want ttto sutureetie tusyuprfr from he across with those so that it doesn't development of Virginia Key. Mayor Ferre: THEREUPON THE FOREGOING MOTION TO DEFER ITEM NO. 33 issioner Plummer, and ted byeth y was introduced by Comm Commissioner Lacasa, and was passed and adop following vote: AYES: Mr. Plummer, Mr. Lacasa and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo and Vice -Mayor Gibson. Alright, call the roll. 67. ACCEPT 51 WARRANTY DEEDS � fifty-one warranty deeds. P turaner Mayor Ferre: Take up 34, which is accepting y' moves, Lacasa seconds, further discussion, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 61-903 A RESOLUTION AUTHORIZING THE PROPER OFFICIALS OF rs THE CITY OF MIAMI TO ACCEPT FIFTY-ONE (51) g11 WARRANTY DEEDS AND APPROVING THE RECORDING OF;: SAID DEEDS IN THE PUBLIC RECORDS OF DADS COUNTY FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was y the following vote: passed and adopted b AYES: Mr. Plummer, Mr. Lacasa and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo and Vice -Mayor Gibson. 1� 3 F t°! i) j � r f ,'t 1➢ ;; � l 4nU Al, OCT 7 1981 E 68. APPOINT COMMISSIONER J. L. PLUMMER AS CITY OFFICIAL REPRESENTATIVE FLORIDA LEAGUE OF CITIES ANNUAL CONVENTION OCTOFFR 22--24, 1981 Mayor Ferre: Lacasa moves that J. L. Plummer be appointed to represent the City as a voting delegate to the Florida League of Cities Annual Convention. Who is going to second it? Mr. Plummer: I guess I have to. Hey, do me a favor and don't pass it. Mayor Ferre: You don't have the third vote buddy. Plummer seconds, further discussion, call the roll. The following resolution was introduced by Commissi,.,ner Lacasa, who moved its adoption: RESOLUTION NO. 81-904 A RESOLUTION APPOINTING COMMISSIONER J. L. PLUMMER AS THE CITY'S OFFICIAL REPRESENTATIVE AND VOTING DELEGATE AT THE FLORIDA LEAGUE OF CITIES' ANNUAL CONVENTION IN ORLANDO, FLORIDA, TO BE HELD OCTOBER 22-24, 1981. (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: y s AYES: Mr. Plummer, Mr. Lacasa and Mayor Ferre. 1 r s NOES: None.} ABSENT: Mr. Carollo and Vice -Mayor GiUson. 69. FORMALIZING RESOLUTION: APPOIIv'T CERTAIN INDIVIDUALS TO MIAMI AUDIT ADVISORY COMMITTEE Mayor Ferre: Appointing certain individuals to serve on the Miami Audit Advisory Committee. we have been putting this off and off and... Mr. Gary: It's just a formalization. Mayor Ferre: Oh. Plummer moves, Lacasa seconds item 35, call the roll, please. The following resolution was introduced by Commissioner Pluxmner, who moved its adoption: RESOLUTION NO. 81-905 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE ON THE MIAMI AUDIT ADVISORY COMMITTEE FOR SPECIFIED TERMS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: 119 OCT 7 1981 C li`�, AYES: Mr. Plummer, Mr. Lacasa and Mayor Ferre. HOES: None. ABSENT: Mr. Carollo and Vice -Mayor Gibson. 70. FORMALIZING RESOLUTION: PARTIALLY DEFRAY COSTS OF "9TH ANNUAL JOSEPH CALEB MEMORIAL GOLF TOUPAAMENT" Mayor Ferre: Item 35A. Mr. Plummer: Move it. Mayor Ferre: Plummer moves, Lacasa seconds, further discussion, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-906 A RESOLUTION ALLOCATING AN AMOUNT NOT -TO EXCEED $5,000.00 FROM SPECIAL PROGRAMS AND ACCOUNTS, QUALITY OF LIFE, TO PARTLY DEFRAY THE COST OF THE URBAN LEAGUE OF GREATER MIAMI "9TH ANNUAL JOSEPH CALEB MEMORIAL GOLF TOURNMIENT" TO BE HELD AT THE MIAMI SPRINGS GOLF COURSE NOVEMBER 7TH AND NOVEMBER BTH. 1981. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by.Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Mr. Lacasa, Mr. Plummer and Mayor Ferre. a" NOES: None. .E 't ABSENT: Mr. Carollo and Vice -Mayor Gibson. 71. PERSONAL APPEARANCE: JOHN MC BRIDE - INVITATION TO ATTEND FUNCTION Mayor Ferre: Yes, sir, you are recognized. Mr. John McBride: Thank you, very much. Again, for the record, John McBride. I represent Dade County Young Republican's Club. As you know we are having a candidate awareness luncheon on October 31st at 12 noon where all the candidates will have an opportunity to speak. You will be there Mayor Ferre, Commissioner Lacasa will be there as well as all the other members. What we request at this time is that you instruct either mr. Howard Gary or somebody in his office to loan to us a City of Miami flag for use at this particular luncheon. I, personally will accept full responsibility. Mayor Ferre: You are on. You have go;: a City of Miami flag and you are personally responsible for it. You have got it. Mr. McBride: Thank you, very much. 120 OCT 71981 1 0 0 ADJOURNMENT: There being no further business to come before the City Commission, on motion duly made and seconded, the meeting was adjourned at 5:12 O'Clock P.M. MAURICE A. FERRE M A Y O R VV 1 ( 1V01 f'. ITEM NO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 f DOCUMEUT IDENTIFICATION AFFORDABLE RENTAL HOUSING PROGRAM IMPLEMENTATION OF AFFORDABLE RENTAL HOUSING PROGRAM KIRKLAND SANITARY SE14ER IMPROVEMENT SR-5478-C. PROFESSIONAL SERVICES CONTRACT: COST REVIEW AND AUDITS CONVENTION AND CONFERENCE CENTER ALLAPATTAH DEVELOPMENT AUTHORITY INC. $50,000 FOR PERIOD JULY 1, 1981 TO JUNE 30, 1982. TRANSFER OF FUNDS TO DDA AS AN ADVANCE PAYMENT OF AD VALOREM TAX PROCEEDS. AWARD OF BID FOR POLICE UNIFORMS WLTH CONDITIONS. I ACCEPT COMPLETED WORK: GIBSON PARK SPORTSFIELD LIGHTING. ACCEPT COMPLETED WORK: AFRICAN SQUARE RECREATION BUILDING -REROOFING. ACCEPT COMPLETED WORK: EDISON LITTLE RIVER COMMERCIAL CENTER COMMUNITY DEVELOPMENT BEAUTIFICATION II. AGREEMENT:VOLUNTARY DEFERRED COMPENSATION PLAN FOR EMPLOYEES OF THE CITY EMPLOYEES. SUBMIT GRANT APPLICATION: VIRGINIA KEY DEVELOPMENT PROJECT., ACCEPT GRANT AWARD: RECREATION PROGRAMS FOR MENTALLY RETARDED. GRANT APPLICATION: LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT ASSISTANCE FUND PROGRAM AUTHORIZE CONTINUED EMPLOYMENT OF ARNOLD AND PORTER AS SPECIAL COUNSEL REGARDING CABLE TELEVISION MATTERS. ACCEPT GRANT:"[l'WANZA FESTIVAL -FIFTH YEAR". ENTER INTO CONTRACT: INSTALL RISK MANAGEMENT INFORMATION SYSTEM. APPROVE QUALIFIED CONSULTING FIRM: POLICE PERFORMANCE PROJECT. MEF-TING DATE: October 7, 1981 COW- 1ISSION 1 RETRIEVAL R-81-847 R-81-848 R-81-851 R-81-852 R-81-852.1 R-81-855 R-81-856 R-81-857 R-81-858 R-81-859 R-81-861 R-81•-865 R-81-866 R-81-867 R-81-868 R-81-869 R-81-870 R-81-871 81-847 81-848 81-851 81-852 81-952.1 81-855 81-856 81-857 81-858 81-859 81-861 81-865 81-866 81-867 81-868 ' 81-869 81-870 81-871 19 20 21 22 23 24 25 26 27 28 29 30 31 32 i 33 i 34 Y 35 a 36 37 i 38 39 AUTHOR?.ZE AGREEMENT "SET CORPORATION" TO PROVIDE VOCATIONAL ' TRAINING TO YOUTH. CLAIM SETTLEMENT: CLARIBEL MATTEO ACCEPT BID: HOSE TOWER FOR FIRE STATION NO. 12 ACCEPT BID: 500 PLASTIC TOTE BARRELS. APPOINTMENT OF INDIVIDUALS TO CITY OF MIAMI ADVISORY COUNCIL ON TRADE AND COMMERCE DEVELOPMENT APPOINTMENT OF PERSONS TO MIAMI MEMORIAL COMMITTEE FORMALIZING RESOLUTION: FUNDING OF ASPIRA CLAIM SETTLEMENT: UNITED SERVICES AUTOMOBILE ASSOC. ACCEPT BID: FORBES PLUMBING AND HEATING,INC. REPAIR TWO POOL FILTERS. ACCEPT BID: BOTANICAL GARDEN CENTER, CORAL REEF NURSERIES, R.E. WHIGHAM NURSERY-12,000 PLANTS AND TREES ACCEPT BID: FLORIDA LEVEL AND TRANSIT CO.INC. SURVEY EQUIPMENT. ACCEPT BID: ADAMS CONSTRUCTION EQUIPMENT COMPANY HMF.MASON EQUIPMENT COMPANY, SHELLEY TRACTOR AND EQUIPMENT COMPANY, ASPHALT PAVING EQUIPMENT. ACCEPT BID: SOUTH FLORIDA POLICE PRODUCTS,INC. UNIFORMS (CONTRACT FOR ONE YEAR). ACCEPT BID: JUELS BROS. UNIFORMS, INC.-UNIFORMS (CONTRACT FOR ONE YEAR). ACCEPT BID: CHEVRON, USA, INC: GULF OIL CO., U.S. RANCO OIL CO.INC., AND ROSS OIL CORPORATION ACCEPT BID: MIRI CONSTRUCTION INC. BUENA VISTA COMMUNITY DEVELOPMENT PAVING PROJECT. PHASE VI B-4469, ACCEPT BID: F.R.E. CONSTRUCTION COMPANY ALLAPATTAH COMMUNITY DEVELOPMENT PAVING PROJECT. PHASE IV. B- 4468 BID "B" (SANITARY SEWER) ACCEPTING BID: P.N.M. CORPORATION ALLAPATTAH COMMUNITY DEVELOPMENT PAVING PROJECT PHASE IV-B- 4468 BID "A" (HIGHWAY) ACCEPT BID. MARTIN CHANEY EQUIPMENT RENTALS INC. AUBURN SANITARY SEWER IMPROVEMENT SP.- 5475-C ACCEPT COMPLETED WORK: TRI COUNTY FENCE COMPANY, INC. ORANGE BOWL SECURITY FENCE. ACCEPT BID CMP CORPORATION.CITY WIrE. 1981 SANITARY SE14ER EXTENSIONS IMPROVEMENT Sri-5476. R-81-872 R-81-873 R-81-874 R-81-875 R-81-877 R-81-878 R-81-880 R-81-881 R-81-882 R-81-883 R-81-884 R-81-885 R-81-856 R-81-886 R-81-887 R-81-888 R-819889 R-81-890 R-81-891 R-81-892 R-81-893 81-872 81-873 81-874 81-875 81-877 81-878 81-880 81-881 81-882 81-883 81-884 81-885 81-856 81-886 81-887 8'1-888 81-889 81-890 81-891 8 1-892- 81-693 _:VON- um,--, T1 =MEL- PAGE 46 3 al . . . . . . . . . . . ------------ ITEM NO.fORDERING MENT IDENTIFICATION j 40 RESOLUTION: ALLAPATTAH HIGHWAY IMPROVEMENT o ' -4474 41 VACATE, DISCONTINUE AND ABANDON TWO SANITARY SEWER EASEMENTS. 42 ORDERING RESOLUTION: MANOR HIGHWAY IMPROVEMENT PHASE II. 43 AUTHORIZE INCREASE IN SCOPE OF CONTRACT: CUL ER COMMUNITY DEVELOPMENT PAVING PROJECT PHASE IV. R-81-894 R-81-895 R-81-896 R-81-897 81-894 81-895 81-896 81-897 44 AUTHORIZE INCREASE IN SCOPE OF CONTRACT: SOUTHERN DRAINAGE PROJECT E-51. R-81-898 81-898 45 AUTHORIZE INCREASE IN SCOPE OF CONTRACT: WEST TRAIL - VIEW HIGHWAY IMPROVEMENT H-4447. F.-81-899 81-899 46 AUTHORIZE INCREASE IN SCOPE OF CONTRACT: DEMOLITION OF S.C.L. RAILROAD STATION. R-81-900 81-900 47 AUTHORIZE INCREASE IN SCOPE OF CONTRACT: LATIN QUARTE PAVING PROJECT PHASE I. R-81-901 81-901 48 ACCEPT SIX RIGHT OF WAY DEEDS OF DEDICATION FOR WIDENING OF N.W. 7 COURT. NOW. 52 AND 54 STREETS MANOR HIGHWAY IMPROVEMENT PHASE I H 4465. R-81-902 81-902 49 ACCEPT 51 WARRANTY DEEDS. R-81-903 81-903 50 APPOINT COMMISSIONER J.L. PLUMMER AS CITY OFFICIAL REPRESENTATIVE FLORIDA LEAGUE OF CITIES ANNUAL R-81-904 81-904 CONVENTION OCTOBER 22-24, 1981. 51 FORMALIZING RESOLUTION, APPOINT CERTAIN R-81-905 81-905 INDIVIDUALS TO MIAMI AUDIT ADVISORY COMMITTEE. 52 FORMALIZING RESOLUTION: PARTIALLY DEFRAY COSTS OF "9TH ANNUAL JOSEPH CALEB MEMORIAL GOLF TOURNAMENT". R-81-906 81-906