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HomeMy WebLinkAboutCC 1981-06-08 MinutesMIA MI .2 i, ITY OF ,y f t s . • op � Y5 E. �'� � ���• 5{.b t Ii ft tt It �. Oa( 9 R p ORQIT tc�r, � O aik-�.�£s��"�`t'�f �x+{w•r'��cr'it_ 7 .tx� ©OD 7 COMMISSION ii MINUYES OF MEETING HELD ON June 8, 1981 (REGULAR) PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL RALPH G. ONGIE CITY CLERK # I L NL- � tri g CI4SISSIaJ MIAM FORIDA M NO, I (REGULAR) SLUCT JUNE 8, 1981 pRDI NANCE Kuourfim o, PAGE NO, SECOND READING ORDINANCE: AMEND 53-151 OF CODE - PAL AUDITORIUM COCONUTDURES AGROVEECHARGES EXHIBITIONTCENTER-INCREASE CERTAIN 2 AND AND ORD. 9280 _ FEES DISCUSSION AND PASSAGE ON FIRST READING ONLY: AMEND (11) 18 2 1 OF ORDINANCE 9199-ESTABLISH PROJECT IX.C. NLTMBEREDQORD.E9282)�TER FIRE HASSE SECOND READINGFIRE ANDFIGHTING GIVEN FIRST READING 2-4 SEE LABEL 8 AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH WIDE 3 ,S.U.R.F.,INC" FOR IMPLEMENTATION OF CITY MONTH PERIOD HANDICAPPED YOUTH PROJECT FOR A FOUR R-81-489 4-9 (FUNDED BY HUD) DISCUSSION OF PROPOSED EMERGENCY ORDINANCE: 4 ESTABLISHMENT OF NEW TRUST AND AGENCY FUND: COMMUNITY DEVELOPMENT BLOCK GRANT 7TH YEAR. 6 FOR CONTINUED (MOMENTARILY DEFERRED)(SEE LABEL DISCUSSION 9-10 DISCUSSION OF THIS ITEM) 5 BRIEF DISCUSSION RE: HIRING FREEZE: FIRE DEPARTMENT, COMMISSIOENR'S OFFICES POLICE DEPARTMENT AND CITY M-81-490 11-16 EXEMPTED. CONTINUED DISCUSSION -EMERGENCY ORDINANCE - 6 ESTABLISHMENT OF NEW TRUST AND AGENCY FUND: YEAR) "COMMUNITY DEVELOPMENT BLOCK GRANT (7TH ORD. 9281 16-17 (SEE LABEL 4) M-81-491 PRESENTATION OF RETIREMENT PLAQUE TO DR. HENRY KING 7 STAMFORD ON HIS RETIREMENT AS PRESIDENT OF THE PRESENTATION 18 UNIVERSITY OF MIAMI PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS DISCUSSION 19 7.A 8 (A) SECOND READING ORDINANCE: AMEND 1 OF 9199- IX.C.(ii)18. FIRE HOSE AND ESTABLISH PROJECT OTHER FIRE FIGHTING EQUIPMENT. ATTORNEY INSTRUCTED TO REVIEW PAPERWORK ON (B) CITY ON THIS ISSUE TO DETERMINE WHETHER THERE HAS BEEN ANY VIOLATION OF SPIRIT OF COMPETITIVE ORD. 9282 19-20 BIDDING BY LOCAL DISTRIBUTORS. M-81-492 9 DISCUSSION AND TEMPORARY DEFERRAL OF AGREEMENT DISCUSSION 20 WITH HOWARD V. GARY, AS CITY MANAGER 10 IMPLEMENT HOUSING ASSISTANCE PROJECT FOR CUBAN AND HAITIAN REFUGEES (FOR ONE YEAR) ENTER INTO AGREEMENT WITH LITTLE HAVANA ACTIVITIES AND NUTRITION CENTERS OF DADE COUNTY, INC. R-81-493 21-22 (ALLOCATING $120,000.00 FROM HUD) 11 (A) DECLARE INTENT OF CITY TO ISSUE REVENUE BONDS (DINNER KEY MARINA PROJECT) (B) APPROVE BRYANT, MILLER AND OLIVE AS BOND R-81-494 22-27 COUNSEL, ETC. N � 1 12 13 14 15 16 17 18 19-A 19-B 20 21 w 23 23.1 23. 2 23. 3 23.4 4 F 5 . 1 &A - LNG- � I1 JJ1U�1 �' � j PAGE # 2 q ��yymI NANCE S0� (REGULAR) cT JUNE 8. 1981 SOLUTION NO PAGE NO, AUTHORIZE CITY MANAGER TO CONTINUE SERVICES OF HENRY THOMPSON AS PROJECT COORDINATOR OF THE CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIOANIL CENTER PROJECT R-81-495 28 CLAIM SETTLEMENT: IRENE REDDY R-81-496 28 PROVIDE REIMBURSEMENT TO MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TRAVEL, MILEAGE, AND PER DIEM EXPENSES.(ADMINISTRATIVE POLICY 1-77). R-81-497 29 APPOINT THREE MEMBERS TO THE CODE ENFORCEMENT BOARD. (THIS ITEM IS LEFT OPEN UNTIL TWO ABSENT MEMBERS OF THE COMMISSION HAVE AN OPPORTUNITY TO PARTICIPATE IN APPOINTING 'THREE MORE) DISCUSSION 29-30 BRIEF DISCUSSION CONCERNIGN CLAIM SETTLEMENTS(SEE LABEL 13) DISCUSSION 30 APPOINT HARRY KANTOR TO THE MIAMI AUDIT ADVISORY COMMITTEE R-81-498 31 REFER BACK TO THE COMMITTEE ON ECOLOGY AND BEAUTIFICATION NAMES SUBMITTED BY THEM TO THE COMMISSION REQUESTING THAT THEY RECONSIDER SUCH TO MORE ACCURATELY REFLECT CITY'S ETHNIC MAKE-UP. M-81-499 32-33 APPOINT JOSEPH MIDDLEBROOKS TO SERVE AS REGULAR MEMBER OF URBAN DEVELOPMETN REVIEW BOARD R-81-500.1 34 APPOINT RON FRASIER AS ALTERNATE MEMBER OF THE URBAN DEVELOPMENT REVIEW BOARD R-81-500.2 35- ACCEPT PLAT ENTITLED "THE RENAISSANCE", AS WELL AS DEDICATIONS SHOWN ON IT, ETC. DIRECT CITY MANAGER TO RECORD SAME. R-81-501 35 FIFTH ANNUAL MIAMI/BAHAMAS FESTIVAL: CLOSE REQUIRED STREETS; WAIVE ONE-HALF FEE FOR USE OF SHO[JMOBILES; APPROVE $29,284. IN KIND -SERVICES IN SUPPORT OF SAID FESTIVAL, ETC. R-81-502 36 BRIEF DISCUSSION AND TEMPORARY DEFERRAL OF FORMALIZATION OF BILLY FREIxAS APPOINTMENT AS REGULAR MEMBER ON THE ZONING BOARD DISCUSSION 36-37 CONSENT AGENDA AUTHORIZE INCREASE IN CONTRACT-TIMCO ELECTRIC, INC. COMPLETION OF MIAMI STADIUM -FIELD LIGHTING-1981 R-81-503 37 ACCEPT COMPLETED WORK: POLSTEIN CONSTRUCTION,INC. POINT VIEW HIGHWAY IMPROVEMENT R-81-504 38 ACCEPT BID: D.M.P. CORPORATION - SOUTHERN DRAINAGE PROJECT E-51 R-81-505 38 ACCEPT BID -UNLIMITED PRESSURES,INC.- 8 OXYGEN CASCADE SYSTEMS -FIRE DEPARTMENT R-81-506 38 1TD''1 NO. 24 24.1 25 26 27 28 29 30 31 32 33 34 34.1 34.2 35 I� t jt Cj1 ' SSIAF MIA o &IDA G +t 3 QRD INANCE 0R (REGULAR) SMICT JUNE 8, 1981 RESOUITIUN NO PAGE NO, DISCUSSION AND DEFERRAL OF THE ACCEPTANCE OF BID FROM "PROPERTY MANAGEMENT AND MAINTENANCE,INC." (CLEANING OF ORANGE BOWL, MARINE STADIUM AND M-81-507 38-40 BASEBALL STADIUM). INSTITUTE PROCEDURE TO BE USED IN CONNECTION WITH 41 FUTURE MAILINGS OF INVITATIONS TO BID DEFERRED ACCEPT BID: COMPLETE BUILDING MAINTENANCE CO. AFRICAN SQUARE RECREATIONAL BUILDING -REROOFING DEPARTMENT OF PARKS R-81-508 42 ACCEPT BID: TRI-COUNTY FENCE COMPANY, INC.-ORANGE BOWL SECURITY FENCE ( DEPARTMENT OF STADIUMS AND MARINAS ) R-81-509 44--5 CONFIRM ORDERING RESOLUTION: AUTHORIZE CLERK TO ADVERTISE FOR SEALED BIDS: CONSTRUCTION OF CITY WIDE WEST 57 AVENUE (SANITARY SEWER IMPROVEMENT DISTRICT SR-5469) R-81-510 46 CONFIRM ORDERING RESOLUTION: AUTHORIZE CLERK TO ADVERTISE FOR SEALED BIDS: CONSTRUCTION OF CITY WIDE WEST 57 AVENUE (SANITARY SEWER IMPROVEMENT DISTRICT SR-5469-S.) R-81-511 47 APPROVE REPORT PRESENTED RE: "ELIZABETH VIRRICK GYMNASIUM" -SUBJECT TO APPROVAL BY CITY MANAGER I M-81-512 48-51 BRIEF DISCUSSION: COMMISSIONER J.L. PLUMMER, JR. COMMENTS TO MRS. VIRRICK NEWSPAPER ARTICLE WHICH APPEARED IN "NEIGHBORS". I DISCUSSION 151-52 APPROVE REQUEST MADE FOR "FOURTH OF JULY PARADE" AND APPROVE CLOSURE OF REQUIRED STREET SUBJECT TO CITY MANAGER VERIFYING AGREEMENT FROM BUSINESSMEN AND BUSINESS GROUP ALONG S.W. 8TH STREET. M-81-513 52-54 CONTINUED DISCUSSION RE:CITY MANAGER'S COMPENSATION AGREEMENT. APPROVE SAID AGREEMENT, AS AMENDED, ETC. R-81-514 54 - 69 M-81-515 APPROVE IN PRINCIPLE PLANS FOR UTILIZATION OF BICENTEN- roTAI PARK RY MIAMI DADE CO:efU'NITY COLLEGE AS RECREATIONAL FACILITIES. DISCUSSION AND MOMENTARY DEFERRAL OF PROMOTIONAL STANDARDS AND POLICIES WITHIN THE POLICE DEPARTMENT (UPWARD MOBILITY OF MINORITIES) (SEE LABEL 34.2) DISCUSSION BY COMMISSIONER J.L. PLUMMER, JR. IN CONNECTION WITH THE CITY'S BIDDING PROCEDURES CONTINUED DISCUSSION OF PROMOTIONAL STANDARDS AND PRACTICES WITHIN THE POLICE DEPARTMENT (UPWARD MOBILITY OF MINORITIES)(SEE LABEL #34). (A) STIPULATE CONDITIONS IN CONNECTION WITH MIAMI CENTER'S REQUEST FOR UTILIZATION OF THE BANK -SHELL AREA IN BAYFRONT PARK (B) DECLARE MORATORIUM ON ISSUANCE OF BUILDING PERMITS FOR DUPONT PLAZA AREA UNTIL TRAFFIC PROBLEMS ARE ADDRESSED. ,(C) INITIATE NATION-WIDE SEARCH FOR ARCHITECTURAL CONSULTING FIRM IN CONNECTION WITH UREAN DESIGN -__!JY_. M-81-516 169-76 DISCUSSION 176-78 DISCUSSION 179 M-81-517 E 79-100 M-81-518 M-81-519 M-81-520 1100-113 - z r�r 9 PAM # 4 1'jT, M N1 (REGULAR) $ CT JUNE 8, 1981 INANCE OR SOLUTION No. PAGE N0. - 36 RESOLUTION STRONGLY.^,rrncTr' ELIMINATION ON DEFERRAL R-81-521 = 113-11y OF ANY CITY OF MIAMI-STAGE I-METRORAIL STATIONS 37 ACCEPT SIMON BOLIVAR STATUE FROM GOVERNMENT OF VENEZUELA TO BE PLACED BESIDE TORCH OF FRIENDSHIP AT BAYFRONT PARK -INSTRUCT CITY MANAGER TO IMMEDIATELY FIND A COMPARABLE GEORGE WASHINGTON M-81-522 114-118-- STATUE TO ALSO BE PLACED IN BRYFRONT PARK _ 38 CONTINUE FUNDING OF N.E.D.A. IN AN AMOUNT NOT TO JUNE 25, 1981. M-81-523 118-119` EXCEED $2,000.00 TO CARRY THEM THROUGH 39 DISCUSSION OF FY-1981-1982 BUDGET!. DISCUSSION 119-121r° 40 APPOINT MAYOR MAURICE A. FERRE TO THE "DADE COUNTY M-81-524__ 121-1�Z LEAGUE OF CITIES". l 7 f t 4 �I i, i(71411 t le F i t 3. i i J I2 Y I I� l J t F f r d t 4 t l p M M ` REOttLAR M TING Ot' TM Ot St ObMMISSION OR MIAMI PLORIDA * * * * * * On the 8th day of June, 1981, the City Commission of Miami, Plotide.ltet at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 1:04 O'clock P.M. by Mayor Maurice A. Ferre with the following members of the Commission to be present: ALSO PRESENT: Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theordore R. Gibson Mayor Maurice A. Ferre Howard V. Gary, City Manager George F. Knox, CIty Attorney Matty Hirai, Assistant City Clerk ABSENT: Commissioner Carollo and Commissioner Lacasa* *Note: Commissioner Carollo entered the meeting at 1:15 P.M. and Commissioner Lacasa at 1:17 P.M. An invocation was delivered by Reverend Gibson who the led those present in a pledge of allegiance tothe flag. Mayor Ferre: Good afternoon, ladies and gentlemen. We are on the regular formal City Commission Meeting for June the 8th. I notice that we don't have any minutes to approve. This is the second meeting that we've had no minutes to approve. Ms. Hirai: No sir. No sir, not at this time. Mayor Ferre: This is the second meeting we have no minutes to approve. Ms. Hirai: We have been... Mayor Ferre: Are we getting behind or what? Ms. Hirai: We have had 3 special transcript requests and we are 2 members short in our staff, but... Mayor Ferre: Okay. How far are the minutes now? Ms. Hirai: We... its ready to go out now. It's been proof read and corrected and April 9th is to go out now. Mayor Ferre: We're now on Item #1, which is an emergency urdinaace. That means you require 4/5's vote. So we can take that up. 01 I JUN 81981 t,r rr t 1: ti t ty i t � f' t Mr, Plummer: Well, Mr. Mayor, I'm going to have a lot problems with taking that up, anyhow, 'cause there's a lot of unanswered questions, so I'll lust announced that from the beginning. 1. SECOND READING ORDINANCE: MfEN D 53-151 OF CODE -PROCEDURES AND USE CHARGES AT Mt�ICIPAI. AUDITORIUM A14D COCONUT GROVE EXHIBITION CENTER -INCREASE CERTAIN FEES. Mayor Ferre: All right, Mr. Plummer. Item 2 on second reading we can take up. Mr. Knox: Yes, sir. Mayor Ferre: Any problems with that? Mr. Plummer: Move it. Mayor Ferre: Plummer moves, Gibson seconds. Item #2? Read the ordinance, please. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 53-151 OF THE CODE OF THE CITY OF MIAMI, FLORIDA (1980) AS AMENDED, WHICH PERTAINS TO PROCEDURES AND USE CHARGES AT THE MUNICIPAL ALDITORIUM AND COCONUT GROVE EXHIBITION CENTER BY INCREASING CERTAIN SPECIFIED FEES DETERMINED BY THE TYPE OF EVENT BEING HELD; CONTAINING A REPEALER PRO- VISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of May 28, 1981 and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Gibson, the Ordinance was thereupon given its h second and final reading by title and passed and adopted by the following r vote: njr AYES; Mr. Plummer, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo and Mr. Lacasa. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9280 The City Attorney read the Ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. :?. DISCUSSION A1;1) PASSAGE ON FIRST I,FtJ)ING ONLY: AIEND 1 OF ORD. 9199 - ESTABLIS11 PROJECT IX. C. (i i )13. 171RE FOSL AND OT}iER FIRE F1GETING FQUIP?1 N'T. (LATER GIVEN' A SECO ',D READING AND NUIMERED ORD. 92(12) . SET. LABEL 3) . Mayer Ferre: Item 3, any questions with that? This is the fire hose. The $34,000 for a fire hose. 02 JUN 81981 Mr. pluw6rt Mr. Mayor# I'm just going to make a comment for the record, but 141 gbitq to Mote for approval, so 1111....Father; you move it, and I'll second it. Under discussion? Mayor Ferre: Yes.. Mr. Plummer: Mr. Mayor, I'm very unhappy with the backup material on this. If you read it quite extensively you will find that there 26 bids.sent out. And either there is anti-monolopy violation here, when only one company bids or something is wrong when you have something as competitive as this field, as I know it to be. And only one bidder comes back, out of 26 and the justifi- cation is, that the local company is a manufacturer and such as, there is an unwritten agreement that none of the local people here will vote against the distributer. Mr. Mayor, I strongly suggest that City Attorney look into an anti-trust action in this particular case, because if that is the fact, it definetely...definitely, speaks against competitive bidding. Mayor Ferre: I recognize you. I think that to do something as serious as that, J.L., you would have to formalize the motion. Let me say, that I would support it, so that... Mr. Plummer: I'm only asking that they look into it, Mr. Mayor. I'm not making allegations. I'm readying from the backup material that was furnished me, but, if in fact, it is the case... Mayor Ferre: I really think that you ought to formalize it, by asking formally for the City Attorney to look into the allegation. Mr. Plummer: Well, I, excuse me...Mr. Mayor, the allegation is not of mine, but one that I read from the backup. Mayor Ferre: And I subscribe to it and I want to say up front that I want to say I will vote for it, because I think you're absolutely right and if there's anybody implying that that it ought to be looked into. That's a very serious matter. We're now on Item 3. Mr. Plummer: Wait a minute.. I'm willing to go ahead and vote on it, 'cause they've got to have the firehose. Mayor Ferre: I realize that. And you second the motion. Is there further discussion on Item 3? all right, read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 9199, ADOPTED NOVEMBER 6, 1980, THE CITY'S CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE FOR FISCAL YEAR 1980-81; AS AMENDED; BY APPRO- PRIATING AN AMOUNT OF $34,200, FROM THE FY 1981 FLORIDA POWER AND LIGHT FRANCHISE EARNINGS TO ESTABLISH PROJECT IX.0 (ii)18. FIRE HOSE, CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND DISPENSING WITH THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NO LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. Was introudced by Commissioner Gibson and seconded by commissioner Plummer and passed on its first reading by title by the following vote; AYES: Mr. Plummer, Rev. Gibson and Mayer Ferre, NOES: None. ABSSNT: Mr. Carollo and Mr. Lacasa. 03 JUN 8 1Q81 i ' l ff jS F i Maybf Ferre, That has to be on first reading bhlji, Mr, Knox.. Okay, on first reading only. Mayor Ferre: We'll have to have the second reading either later bno if We ever get the fourth person. Mr. Plummer: You don't need a fourth person for a second reading. Only if its an emergency. Mr.Knox: Well, this is one where we were dispensing with the requirement of reading the second time. Mayor Ferre: Okay. You did that with 3? Mr. Knox: No, we have to treat it as only first reading only. Mayor Ferre: Call the roll on this. This is a first reading. We'll come back to it. All right we'll wait until we have a full commission," 3. AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH "S.U.R.F.,INC. ....r., . 1. 10.r �F CITY * �; .,In*^ i .i"I ,I � ppEn yojTr rn.O JFCT FOR A Fo:: I!TL... _., . _ FOUR MONTH PERIOD.(FUNDED BY H.U.D.) Mayor Ferre: Five, six. Any problems on that? Mr. Plummer: I'll move it. Mayor Ferre: Is there seconds? Rev. Gibson: Second. Mayor Ferre: Seconded by Gibson. The Manager recommends... is that correct? Mr. Leonardi, you want to address yourself to the Commission on this item? Mr. Leonardi: Mr. Mayor, Commissioners. Thank you for your vote of confidence in the approval of the funding. However, I did just want to point out that the way the guidelines are presented, as I understand it, it would be approxi- mately 45 days before funding would become available to run the program. Hav- ing that with the four community groups, we had agreed to provide services to our youth for the summer months. And the reality is, that if in fact, it is an additional 45 days.... Mr. Plummer: Mr. Mayor, I think that we can handle that easily by asking the Manager to advance the money and it be reimbursed when they receive it from the four groups. Mayor Ferre: Let me understand this. Are you getting funding anywhere else other than us? Mr. Leonardi: Not at the moment, Mayor. %fl J U IN 8 1981 4 t 1 � G Mr. Plummer: Well, Mr. Mayor, the reason that we're funding it, because of the fact we sent him to all the CD projects ... CD target, advisory committees and they have approved it.. Mayor Ferre: Mr. Manager, this thing obviously, has the recommendation of the administration .... now .... I understand that, we the Commission, instructed the administration to take it to the CD . Mr. Plummer: No, we instructed him to go plea his case before the Advisory Board and he's done such and they agreed with him. We didnt tell the Manager. Mayor Ferre: What was the other conditions that we put on this? Do you refiember? Mr. Plummer: I think it was at that time he never get those four... Mayor Ferre: No, if you go into this thing, you'll see, that I also put a conidition that this be approved by your department or that this thing be properly be scrutinized to make sure that they're rendering proper kind of service. And if you recall, I brought up the question that they weren't even in the City of Miami and I ask him whether or not,....and he assured me that the majority of his clients were within the city of Miami. Do you recall that, Dena? Ms. Spillman: Yes. The program is eligible. I do think, though, that Mr. Leonardi said that he was going to get funds from the county as well. Mr. Leonardi: No, I was going to get it from the State. Mayor Ferre: From the State? Are you getting any funding from the State? Mr. Leonardi: We have applied to the State and I've been to Tallahassee, but that was my original request that the City was to carry the program and the operation until such time that the State grants would be approved. But this 45 day delay... Mayor Ferre: How much is that going to take? Mr. Leonardi: Well, the budget that we submitted.. Mayor Ferre: No sir. How long it will take for you to get the ''State approval? Mr. Leonardi: Well, they're anticipating the first week of September, at this stage now. Mayor Ferre: Unless the administration tells me that you've looked at the program. You think that it is an appropriate expenditure of money that is served the people of Miami, I'm not going to vote for it. Now, you tell me that this is an appropriate expenditure, that you're satisfied that the people of Miami are being served by this and that you approve it and I've got no problem with it and I would vote for it. Mr. Gary: The answer to that question is affirmative. The only problem that we have is a technical problem, that is, one of advancing him the money before he goes to environmental regulations. We can't do it retro- active. t; l i { � {- Cit Mo. ap .liffim- We can't spend ahy RM money uhtii we 96 through ah 0-hviroraental review process on every single program, Mr. Plummer: Environmental? Ms. Spillman: I realize that its ridiculous, its the law, and we cannot ad- vance money and pay it back, because we'd be circumventing the law if we did that and we'll get an audit finding on it. Mayor Ferre: Look, let me paint the picture to you, okay? I'm supportive, but, SURF left the city of Miami. It had a'ity of Miami based operations and it left. It moved somewhere else. Hasn't been able to get any funding anywhere, comes back to the city of Miami to try to get funding. I've got no problems. You've got my vote. I'll vote for funding, but there are condi- tions. Condition #1 was that you go through, since you're taking the money away from the CD Board, I want them to say, hey, I'm willing to give you my fair share, you take some away from me and I"m....and that's agreeable. Condi- tion #2 is that you've got to get money out of the City of Miami, because we cannot support this alone. Now, as I understood it, you were going to get it from the State. Now, you're saying it won't be until September. Mr. Leonardi: No, Mayor, the original ... the original request that I made to the City Commissioners was funding to carry me through the application process with the State of Florida. You, then, instructed me, as an commission, to go before 4 of the B target groups to plead the case of SURF, at which time, if we did receive it, we would, in fact, receive the endorsement. Now, I'm being told that I have done everything I've been asked to, now emergency monies can't be released to me for at least an additional 45 days. Mayor Ferre: No....no...I've got no problems...you say you've gone before the 4. ANd you've got 4 that are approved, right? Mr. Leonardi: We went before 6 and received 4. Mayor Ferre: You have received the 4? Okay. The only condition that I have is, as far as I'm concerned, is that the administration, I want them to tell me, that they have inspected the program, that it is an appropriate expenditure of money and that the fact that your office is in South Miami and you're not operating within the city of Miami, got nothing to do with it. If they're willing to tell me that you are spending money for citizens in Miami, I'm not here to spend money for citizens for South Miami and if you tell that that is all okay, then I've got no problems. Mr. Leonardi: Well, we'll make sure that that..... Mr. Plummer: Let me try to do both. Let me make a motion that says that we approve Item 6, subject to the administration confirming that the Mayor's points have been met. Mr. Gary: Plus that we go through the proper Federal regulations. Mr. Plummer: Mr. Gary: Mr. Plummer: Unless you can tell me a way I can circumvent.them? You got any ideas? JUN 81981 i c E 5 fir rt S M fe6uardi3 Not in this Cate there's nothing we can do, lcause that VbU d give us an additional 45 days to remain operational. Mr. Plummer: Rick, I don't know what to tell you. It may be.. Mr. Leonardi: If I had known this from the beginning, it would have made life a lot simpler. Mr. Plummer: Hey, maybe you can go to a bank and get a loan, predicated upon Mr. Leonardi: I could if it would be retro-active. I could do that if it could be retro-active, but I'm be advsing that could not be retro-active. Ie would not be a valid contract. Mayor Ferre: We must live within the law, so what is it you want us to do now? Mr. Gary: All I can say is first of all, that the gentleman was informed of the process and he had to follow the process and I think it encumberment upon him to find the process, even though, we explained it to him. Secondly, we cannot violate the Federal regulations with regard to the environmental review and if he's willing to accept the funds, at the time that we finish the whole process, then fine. Mayor Ferre: Is that your motion, J.L? Mr. Plummer: Mr. Mayor, I don't know what else we can do. The man has done what we thought, everything we asked him to do, he's complied. I'm only concerned about the kids that are going to go for naught, that this is going to put out back on the street, while this Federal bureaucracy and all bureaucracy, sits there spinning paper work. I don't know what else we can do. Mayor Ferre: There's a motion on this item with those conditions. Is there a second? Its already been seconded, is that right? Now I assume that, Dena and Heron, in this mtion is the approval of the administration for the use of this funds in this way, is that correct? Ms. Spillman: And we will condition the contract so that it can only serve City of Miami residents. mayor Ferre: That's right. And then, this then, meets your approval? Mr. Leonardi: Yes. Mr. Plummer: From the funds that the City is allocating. Mayor Ferre: ANd it has to be city of Miami people. We cannot fund... Mr. Leonardi: I have no problem with that, but there is no point in passing the resolution, if the funds are not available for at least an additional 45 days. The summer is over. The program is gone. It was an emergency for request for funding in April. It does not help the youths of the community.. Mayor Ferre: Rick, how do you propose we do it? Mr. Leonardi: I don't know, Mayor. That's the problem we're in and if there's some way we can remain operational... Mayor Ferre: Does anybody know how to do this? 07 ,!UN 8'1981 Mr. Plummen Yes. I'll tell you how to do this. 1i1i make you a Moti6ho Mr, Mayor, that says the City of Miami from its contingency fund grant $12,000 for this much needed summer program. Mr. Lacasa: I second. Mr. Plummer: I just got really problem with the man goes out and does what we ask him to do and it was not easy and then he comes back here and finds out that its for a summer program and they can't get the money for 45 days. Mayor Ferre: That's a substitute motion and it's been seconded, as a sub- stitution motion. Is there further discussion? Mr, Plummer: Mr. Mayor, attached to that, is the point you made. Number 1 that that grant has to be administrated to the children of the City of Miami and number 2 that the administration take a quick look see and that they are concurrence that your program is well put together. What other point did you make, Mr. Mayor? Mayor Ferre: That it was basically.....he has already done that. Mr. Plummer: Well, its not coming from that source now. Subject to the Mayor's points and conditions that would be added to the motion. Mayor Ferre: Further discussion on the substitution? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-489 A RESOLUTION ALLOCATING $12,000 FROM SPECIAL PROGRAMS AND ACCOUNTS - CONTINGENT FUND, TO SOCIAL UNDERSTAND- ING AND RE-ESTABLISHMENT FUNCTIONS, INC. (S.U.R.F., INC.) FOR THE PURPOSE OF IMPLEMENTING A CITY-WIDE HANDICAPPED YOUTH PROJECT FOR A FOUR (4) MONTH PERIOD FROM MAY 1, 1981 TO AUGUST 31, 1981, TO BE USED EXCLUSIVELY FOR RESIDENTS OF THE CITY OF MIAMI; FURHTHER AUTHROIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH SAID AGENCY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Yr � z{ i r Mr. 0ALry; By Wednesday, he will have it. Mt, Plummer: You can have your quick look see today or tomorrow and if everything is in order and the Mayor's points are met, the money will be forthcoming? Mr. Gary: Yes. Mr. Plummer: Okay. Thank you. Mayor Ferre: All right. Further discussion on 6? 4. DISCUSSION OF PROPOSED EMERGENCY ORDINANCE:ESTAB LISVCIENT OF NEI•, TRUST AND AGENCY FUND: °fC011*NNITY DEVELOPMENT BLOCK GRA;1T 7TH YEAR.(MOMEI`:TARILY DEFERRED)(SEE LABEL 6 FOR CONTINUED DISCUSSIO:; ON THIS ITEM). Mayor Ferre: All right, we're now on Item 7 Mr. Plummer: Mr. Mayor, I'm going to vote for it, because it acceptauiC money but I've got some input that I want to attached to it. Mayor Ferre: All right. Let's take up Item 1. Go ahead, J.L. Mr. Plummer: It would be appropriate, Mr. Mayor, that a motion be made to approve, I'll be happy to do such. I'm always happy to bring Federal money back home. And I so move Item 1 on the agenda. Mayor Ferre: Is there a second? Seconded. For the disussion? Mr. Plummer: Under discussion, Mr. Mayor, if you look through this thing we're looking back to the point where this was approved last year where a lot of things are well known today, were not known then. Mr. Mayor, I don't want a dime of this money spent until this commission has had the right to go through this community development money again. We know for a fact, Mr. Mayor, that we're losing 1,000 CETA people, conclusive by the end of August 14th. That itself is 25% of our work force and some of the programs we approved last October for this community development or even in sub- sequent times, things have changed in this community radically. I think that before one dime of that is spent of this money that we, of this commission, owe it to ourselves to go back and re -prioritize before someone picks up and runs and says, well, you approved it last year when you approved capital funds. so, I'm just saying is, yes —let's accept the money and say thank you. But let's, also, before a dime of that money is spent, lets have a complete review and a resetting, possibility, of priorities. And I attach that as a condition to the motion. Mayor Ferre: Would you repeat that again? Mr. Plummer: Before 10t of this money is spent that this commission have a complete review and resetting of priorities if necessary before any of these dollars are spent. Mayor Ferre: Okay. Then there was a second to that? Under discussion, Howard, before you make your statement, under the law or ...is this CD? We can spend up to a certain percentage of social programs. 01 �.•x09 .X rmpl_ t 1 ,+z sib `JT t 11 t MV Ms. Spillman: Right hOW there is no percentage in the regulations on social gyp. programs. s Mayor Ferre: You could spend all of it, if we wanted to on... Ms. Spillman: No. You must sponsor physical activities with social programs. In other words, there is a subsidiary use of the money. They are not a primary use. But I might tell you that right now in Congress right now is a bill that could be passed any day which is going to be passed in any day which is going to limit the use of social funds to 10% of the grant. Mayor Ferre: But if we act before that then we would be grand fathered in - Ms. Spillman: Well, what would happen is if the City Commission acts before that time, one, we would have to get approval from the HUD area office. That's step number one. Step number two is if the bill before Congress passes, cities have a 3-year grace period to bring the percentage down to 10%. So, we would have 3 years... Mayor Ferre: Where are we now? What percentage? We're not beyond 10%. Ms. Spillman: We're about, a little over 10. Not much over. About 10.5 or 11. Mr. Plummer: The reason I brought it up, Dena, putting these cards on the table... is alot of these social programs that are with CETA are going to fold. There's just no ifs', ands, or buts about it. They're just going to fold. Without CETA employees they're gone and what I'm saying is .... listen, particularly, look at those programs that are heavily sponsored by CETA that are going to fold and let's start thinking about re -allocating that money. You know, its not what this commission likes and its not what this commission may be would do, but the dollar is going to determine the final bottom line in answer. And what we did last October, ain't true today. Mr. Gary. If that is the intent of the City Commission and espcially Mr. Plummer, then it appears, that the appropriate resolution would be to limit the expenditure of those funds that are dedicated to social service programs. Mr. Plummer: You didn't hear my motion.. Mr. Gary: Let me finish first. My major concern is that we have ad- ministrative staff, such as a CD as well as Trade and Commerce as well as CDO's, which I'm pretty sure that the City Commission is going to continue. Mr. Plummer: I think, Mr. Gary, I appreciate you're trying to put words in my mouth, that I didn't say, but what I'm saying is to you, sir, is the monkey is on your back. All right, sir? Mr. Gary: I guess have no problem with a monkey being on my back, but I would hope that the City Commission would not restrict us from expending funds that we know we have to expend, for example, administrative cost for Dena Spillman's staff as welll as Trade and Commerce. Mr. Plummer: When does the 7th year start, Mr. Gary? Ms. Spillman: June 16th. Mr. Gary: June 16th. Mr. Plummer: That's fine. that you'll have something (AT THIS TIME THIS ISSUE IS MOMENTARILY DEFERRED.) lu JUN 81981 5. BRIEF DISCUSSION RE: FIRING FREEZE: FIRE DEPAR71ENT, POLICE DEPARTM01T AND CITY CO;LxJISS1ONER'S OFFICES E)MMPTED . Mr. Carollo: Where's Howard Gary at? Howard Gary...is he around? Mr. Plummer: He was hiding behind a moustache, but he no longer does. Mr. Carollo: Howard, not really getting off the subject, as I understand it, on the freeze we still have a freeze on, as I understand it. Am I correct? _ Mr. Plummer: Well, its a convenient freeze. Mr. Carollo: Well,... Mayor Ferre: At who's convenience? Mr. Plummer: That obvious we don't do the hiring around here. Mr. Carollo: If I may ask, the freeze as I recall, that we voted on applies to all departments, with the exception of police and fire, is that correct? Mr. Plummer: And City Commission. Mr. Carollo: Pardon? Mr. Plummer: And City Commission. Mr. Carollo: Excuse me. s i r Mr. Plummer. And the City Commission. � Mr. Carollo: City, what? Mr. Carollo: You don't say, Plummer. Mr. Plummer: I've got a part-time employee. One of my employee's left and I've hired a part-time, rather than full-time and if I'm in violation, I'll ask this Commission to ratify my mistake. I'm sorry. I don't make any apologies. Mayor Ferre: I will accept... Mr. Carollo: No problem in that. You need it. Mr. Plummer: No, I count down myself from two full-time, to hiring a part- time, so I have technically 1 1/2. Now if I've violated...it was my under- standing, Mr. Gary, that proviso..... when we spoke to your secretary that we.. you were the one, Father....you were the very one and said, "By God, if this commission" ....and they said there was no problem, that that wasn't part of the freeze. Mr. Carollo: Right. We made a motion on it and not to depart from the freeze, J.L. Mr. Plummer; I want to tell you if that I made a violation, it was not with intent. It was surely a violation of my understanding of what this commission did, ,JUN 81981 MY. Carollo: What's no probleM, . b.YOU heed that staff. aware a new staff person. 1 Watn't even Mayor Ferre: Let's take one step at a time. Now, if you will...we'll come back to this Item 1, but to get this thing out of the commission, because I happen to have a problem. Last time around I got a waiver, so that we could get hire somebody in our staff, I forget who it was, but I still have vacancy and Marie will be taking a leave of absence starting the 1st of July and I need to fill the positions. She's going to take a leave of absence whether you approve or not. She can do that. Mr. Plummer: Sure she can. The problem is coming back. Mayor Ferre: The problem is coming back, that's correct. Okay, I think the way to do this, is that the freeze is only dealing with fire and police, some- one will make a motion does not include it, that is your will, members of the commission.' Mr. Plummer: That was the motion, Mr. Mayor. That was a motion made at budget time last year that the freeze applied to everyone other than police and fire. It was commissioner Carollo who about a month ago or so who brought the problem up existing in his office and it was Father that made the declaration at that time. I thought the motion did not include the Commissioner's office. Now that was my understanding. Rev. Gibson: Let me put it this way, Sir. If it wasn't a motion I'm pre- pared to make it now. Mayor Ferre: Okay. Thats what I'm saying. Make your motion on that. Mr. Carollo: I second that. Mayor FErre: There's a motion on the floor that the freeze does not include fire, police or City of Miami Commission. Continues in everything else. Mr. Plummer: And the Mayor is technically a commissioner, so it would not apply to you. Mfayor Ferre: I am technically a member of the commission. Mr. Plummer: You're technically commission seat number one. Mayor Ferre: That's right. Okay. call the roll. The following motion was introduced by Commissioner Gibson, who moved its adoption. MOTION NO. 81-490 A MOTION OF THE CITY COMMISSION STIPULATING THAT THE FIRE DEPARTMENT, THE POLICE DEPARTMENT AND ALL OF THE CITY COMMISSIONERS' OFFICES SHALL BE EXEMPTED FROM THE GUIDELINES IMPOSED BY THE RECENTLY INSTITUTED, CTIY-WIDE HIRING FREEZE. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote: AYES: Mr. Carollo, Mr. Lacasa, Mr. Plummer, Rev. Gibson and Mayor Ferre, NOES: None. ABSENT: None. 1 �� Y !sS y ( �. , L: 5 ! s 'i � ! �• i r ^ _. t. ! �sfi� I�'rri! ! �ltn.C2.iir�Pi'! r E L ! 5 i s i -�. � the only exceptions we have Rr, artslic: Now that that scut �f the wad, noW are, besides the police and fire department, is that correct? plumnter: Correct, sir. Anything else has to be brought before this Commission to justify it. Mr. Carollo: All others have to come be month and hore the alf nown• to your knowledge since you've taken office for approximately, a have all openings that have been enthatned with the City of Miami, all the other departments, have they followed Yes, with the exception of a couple of appointments that live made made as well as, I think, one emergency position allowed to be filled. Mr. Carollo: What appointments are those? Mr. Gary: '!he appointments of my office? Mr. Carollo: No. What appointments are those that you've made in the emergency positions. Mr. Gary: there was only one position. I can't recall right now. I think it was in... Mayor Ferre: No, Howard, the freeze doesn't function that way as you know. Mr. Gary: When you're talking about function, what do you mean? Mayor Ferre: You know exactly what I mean. The freeze does not function that way. As you know, the freeze is a freeze. And the freeze is tha you cannot hire any individual unless the City of Miami Commission approves it. That is what we've been doing all along. Mr. Gary: Mr. Mayor, when we talked about the freeze there was a policy memorandum, which was given to the City Commission, which provided forlcertain exemptions and it included, on an emergency basis, as an example, re- call, Commissioner Carollo, we had...we were down to no plumbers in the City of Miami and... Mr. Plummer: What do you mean you had no plumbers? Mr. Gary: We didn't have any live plumbers. Mr. Plummer: I take exemption to that and so does John and Larry. Mr. Gary: We didn't have any plumbing experts. Mr. Plummer: I still take exemption to that. More so.... Mr. Gary: And if you recall we have millions of dollars worth buildings that have plumbing in them and I authorized that on an emergency basis. That's the only authorization I have made on an emergency basis. In terms of two appointments I have made outside of the freeze, which is coming before he le, City Commission, I guess assume, I took the liberty of hiring these peo p feeling that the City Commission wanted me to establish my team. Mr Carollo: Again, the question is that the memorandum you're referring to, frankly I don't recall, and with all the memorandums we get weekly here, it's hard to keep track at times. I think you can appreciate that. The basic question that I have, is that I see we are laying some very strict 13 JUN 81961 {t Mt. Carollo (continued): guidelines and cutting back on funds. But, if we are indeed laying such strict guidelines, I want to make sure that what's good for the goose is going to be good for the gander. And if we're going to make strict guidelines here and then turn our backs on the policies that we have established there, then something is wrong. And what I want to get established is by what game rules are we playing? Are we going to have one one day for one thing, and have another one _ for something else the next day? What I'd like to have, Howard, is from you in writing, the names of every individual that has now been approved by the City Commission that has been hired by this administration since you came aboard. And if there were any that were hired by the previous administration, for that matter. That were not approved by the City Commission, then their names also. ,Mr. Plummer: That's a fair request. Mr. Carollo: Now, approximately how many people do we have, to your, knoweldge? Mr. Gary: I'm sorry. How many people what? Mr. Carollo: Approximately how many people do we have that were hired without the approval of this Commission up to now? Mr. Gary: tinder my administration, it should not be any more than 3. Mr. Carollo: Do you happen to know their names, off -hand? Mr. Gary: The plumber, I can't recall and I don't know whether that person has been hired. The two individuals are Jack Eads and Walter Pierce in my office. Mr. Carollo: Okay. If I may ask another question. How many ... what are their exact titles? Assistant to the City Manager? Mr. Gary: Yes. Mr. Carollo: How many assistant to the city manager did we have prior to them coming aboard? What was the established number that we had before? Or special assistants, or whatever falls within that title. Mr. Gary: 3. Mr. Carollo: It was 3. So how many do you have now all together, Howard?; Mrs Gary! G !Mrs Plumer: But they were cot►tratt86 Mr, Gary: No, not to my knowledge. Mr. Plummer: Mayor Ferre: How long has Kauffman been with the City? About 3 years or four. Mr. Plummer: That's prior to the freeze. How long has Clark Merrill been with the City? !Mayor Ferre: That's not important, that's not what he's questioning. �Mr. Gary: No, that wasn't the question he asked. Mayor Ferre: I think what he's asking, as I... Mr. Plummer: He's asking since the freeze started. is that corr@6t ' Mr. Carollo: I'm asking... Mr. Plummer: They were all on board prior to the freeze. Mr. Carollo: There were two questions, J. L. The first question was how many people were hired without the Commission approval since Howard came aboard. And the second was that if there was anyone hired without Commission approval before he came aboard, their names also. You know, if you could bear with me just a little more, Howard. What I'm trying to establish is all together how many people have been hired by either this administration or a previous administration, if any, without Commission approval. So then, I could judge where we're going from here. Mr. Plummer: Well, for clarification, Joe, you're speaking back to when the freeze started, is that correct? Because to that, you didn't need Commission approval. Mr. Carollo: Right. Mr. Plummer: Okay, back to when the freeze started. Mr. Carollo: The only reason we're bringing this up is because we have a freeze. Otherwise, we wouldn't be talking about it. Of course. Now, the two openings that you had in your office that Walter Pierce and Jack Eads filled, whose positions were those? Mr. Gary: One was Rob Parkins, and one was that of Angela Bellamy. Mr. Carollo: And what were there exact titles? Mr. Gary: Administrative Assistant to the City Manager ,s Mayor Ferre: How much was Rob Parkins and Angela Bellamy making? Mr. Gary: I can't recall that right off hand. Mayor Ferre: And how much are Jack Eads and Walter Pierce making? t P � i41 Mr. Gary: Walter Pierce is $38,000 and a few odd dollars, Jack Eads, $42 000.J;,E Mayor Ferre: The other assistants are Carlos Arauz? Mr. Gary: Right, exactly. Mayor Ferre: Whose place did he take? Mr. Gary: Carlos is a transfer from Human Resources, 15 J U N 8 1981 diseteti6ft of the City Manager, I tati reassign. Mayor Ferre: Yeah, okay. But that's a new position. Mr. Gary: He's currently filling his postion that he had over at Human Resources. Mayor Ferre: Oh. But he's working in your office, not in Human Resources. Mr, Gary: Right. Mayor Ferre: And how much does Arauz makel Mr. Gary: $42,353. Mayor Ferre: And Ricky? Mr. Gary: Ricky makes about $27,000. Mayor Ferre: Well, why don't you put it down in a memorandum and we can get all the information. Is that acceptable to you? Mr. Carollo: That will be acceptable. If you can send it off to us, then we can all study it. Mayor Ferre: Okay. Is there anything else? Mr. Carollo: Not on that subject, for the meantime. 6. CONTINUED DISCUSSION-D ERGENCY ORDINANCE -ESTABLISHMENT OF NEW TRUST AND AGENCY FUND:"COMMU'INITY DEVELOPMENT BLOCK GIRANT (7TH YEAR). (SEE LABEL 4) Mayor Ferre: Back to ordinance number 1. Plummer, do you still want to make the motion now? Mr. Plummer: Surely, sir. Always happy to receive money from the Federal government. Mayor Ferre: Is there a second? Mr. Lacasa: Second. Mayor Ferre: Lacasa seconds. Is there further discussion with the ordinance with the specific guidelines as previously stated by Commissioner Plummer. Is that correct? You're still with that? Mr. Plummer: Yes, sir. Mayor Ferre: Okay. That means that you're going to have to modify this ordinance. Mr. Plummer: No, sir. Mayor Ferre: Tell me how you're going to do it. Mr. Plummer: There's nothing here that says you have to spend the money immediately, sir. Mayor Ferre: Well then, that would require a separate motion on ypur part after the ordinance has been approved. Mr. Plummer: No, it's an amendment to the motion, sir. Mayot perre: Well, that's exactly my point, is that if you amend the Motion,,,, Mr. Plummer: I'll be happy to do it whatever way you want, Mr. Mayor, Mayor Ferre: I think the simplest way so that you don't have to amend the motion, Mr, Plummer, is move the ordinance as is, pass it and then flake a Motion and restrict the usage of the money. Mr. Plummer: Fine, I move that we accept Item #1. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719 ADOPTED OCTOBER 26, 1977, THE SUM1MARY GRANT APPROPRIATIONS ORDINANCE, BY ESTABLISHING A NEW TRUST = AND AGENCY FUND; ENTITLED COMMUNITY DEVELOPMENT BLOCK GRANT (SEVENTH YEAR); AND APPROPRIATING $10,963,000 FOR THE EXECUTION OF SAME; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND CONTAIN- ING A SEVERABILITY PROVISION. Was introduced by Commissioner Plummer and seconded by Commissioner Lacasa, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Commissioner Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Lacasa, adopted said ordinance by the following vote - AYES: Commissioner Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9281 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commis- sion and to the public. Mr. Plummer: I now make a motion, Mr. Mayor, that none of these funds be expended until this Commission has had the right to re -address the entire program and reset priorities. 17 JUUN 8 19 81 0 7. PRESENTATION OF RETIREIENT nldi'; UE TO DR. KENRY KING S :'ANF ORD ON HIS RETIREMENT AS PRESIDENT OF THE UNIVERSITY OF MIAMI. Mayor Ferre: Dr. Stanford, we are always honored with your presence, we know how busy you are. We'd like to first of all once more on behalf of the City, you've got a lot of accolades but let rre just a6d, I'm sure that all my col- leagues concur that you are one of the better things that has happened to this community and your stewardship of 19 years of the University of Miami has not only put the University can the map from an academic sense but has been one -of the main motivating strengths of bringing this community up to the high levels that most of us think that it. has been brought up. We live in a world that is torn with conflict and people who spend more time criticizing, tearing down,gossiping in a negative sense and creating the type of divis- ions that have in my opinion more than anything else helped to frustrate the upward mobility and aspirations of a community that needs positive thinking. You, sir, have been without any question in my mind the single most consist- ent forward looking visionary with a deep sense of commitment to the commun- ity and always on a positive basis. You have constructed student strikes, you have conducted solutions to student strikes, sit-ins in your office that you were able to .solve, fiscal restraints and antagonisms of all natures from within and without the University and I cannot think of a single time in almost 20 years where you either did not solve the problem or at least came as close as humanly possible. You arc, you leave in this community a real legacy of how all of us who are involved in the civic and public world should comport ourselves. For that, sir, this community and this City will be eternally grateful to you. I don't know what brings you here today, if there is anything that we can do? (INAUDIBLE RESPONSE) Of course, you may, Dr. Stanford. Dr. Henry King Stanford: This is the last time I'll an opportunity to ad- dress Mr. Mayor and your Commissioners, as President of the University of Miami. I am scheduled to leave on June 19th which is Emancipation Day in Texas and Arkansas, I don't know how it took Lincoln's Proclamation so long to get out to those distant states, we had General Sherman in Georgia who brought it along right rapidly. But I wanted to tell you how much I have appreciated the cooperation I have received from the City of Miami whose name we have in the official name of our University. You showed your most recent cooperative response in the plans developed for the James L. Knight International Center, we are very grateful to you for that. About 20 years ago when I had been elected President of the University of Miami someone wrote me from New York State. He said, "Henry, you are stepping into the future, take me with you." If somebody could say that 20 years ago how much more appropriate it is today about this magnificent community in spite of the problems which are very real I think the promise of the future is going to enable all of you working together to solve them. So I leave with a great deal. of enthusiastic optimism for the future of Miami and Coral Gables and the greater community of Miami which I have enjoyed so much as my home for nearly two decades. I am grateful to you for this opportunity to speak to you and to quote a slogan I remember seeing when I was 20 years old on vacation from the University of Heidelberg in Vienna, as I had had my second, third or who knows how many glasses of that great Viennese wine I looked up and saw a slogan there on the wall. It said (In German) Don't cry because you're leaving but just laugh or be happy that you've been. And I think that is my philosophy summed up in those brief German words on that Viennese Winestuber wall. Thank you, Mr. Mayor, very much. Mayor Ferre: Dr. Stanford, would you join us up here while we make this presentation to you, please? Let me read ;.his if I may on behalf of the people of Miami to Dr. Henry King Stanford. While difficult to bid farewell to a dear and respected friend, your lasting contributions as President of the University of Miami will enrich our community and future generations for many years to come. During your 19 years in this challeng- ing position from July 1, 1962 to June 30, 1981 you have helped mold the young minds while raising the University of Miami to new heights in the academic world. Your dedication and commitment to a rendez-vous with greatness provide a legacy which will long remain a foundation upon which to build. Presented by this City Commission in June of 1981. Would you all join me in gratitude to Henry King Stanford for his many years of dedicatinn_ is JUN 81981 7.A PLAQUES, PROCLAIIATIONS AND SPECIAL ITF.;13. Presentation of retirement plaque to Lt. Franklin Henry Gebhart upon his retirement from the City of Miami Police Department. Presentation of retirement plaques to Fire Capt. Clifford N. Brady and Fire Fighters Joseph Perry and F. C. Sutter upon their retirement from the City of Miami Fire Department. Commendations presented to Kevin Dooney and Lawrence Lee as they participate in a bikeathon to raise money for The Hunger Project. S. a)SECOND READING ORDINANCE: A2'IEND 1 OF 9199-ESTABLISH PROJECT IX.C. (ii)18. FIRE HOSE & OTHER FIRE FIGHTING E,,!UIPIIENT. n) CITY ATTOa",EY INSTRUCTED ^0 REVIEW PAPERWOFU'\ C: THIS ISSUE TO DETERMI:'E WHETHEI: THEr.E H'1S BEEN ANY VIOLATIOII CF S- IRIT OF CO"1- PETITIVE BIDDING BY LOCAL DISTRIBUTORS. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 9199, ADOPTED NOVEMBER 6, 1960, THE CITY'S CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE FOR FISCAL YEAR 1980-81; AS AMENDED; BY APPROPRIATING AN AMOUNT OF $34,200, FROM THE FY 1981 FLORIDA POWER AND LIGHT FRANCHISE EARNINGS TO ESTABLISH PROJECT IX.C(ii)18. FIRE HOSE; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AA'D DISPENSING WITH THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NO LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. Passed on its first reading by title at the meeting of June 8, was taken up for its second and final reading by title and adoption. On motion of Commissioner Gibson, seconded by Commissioner Plummer, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9282. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Mr. Plummer: Mr. Mayor, I make a motion at this time that the City Attorney be instructed to look into the back up material in which there appears to be some problem in the spirit of competitive bidding in relation to non -compet- ition in the industry locally. I make that in the form of a motion. Mayor Ferre: For those that were not here, that is in reference to the poten- tial that there has been manipulation by people who have been bidding on some of these things such as the fire hose and other fire fighting equipment where we only get one bid and there seems to be some implication that some of the other potential bidders are out of courtesy to a company not bidding. It is a very complicated and difficult area, Commissioner Plummer has brought up a question I subscribe to the.... Mr. Plummer: Mr. Mayor, let me read from the backup material. It is Item #2 in the bid evaluation. The manufacturer states that any of their distributors are allowed to bid on our hose needs and that they do not assign distributor territories. We have no information to the contrary, however, it appears that 19 '_1 U N 8 19 81 the distributors probably as a courtesy among themselves tend to bid 6ily ih their own localities. Mr. Carollo: These didn't come from Grand Rapids did they? Mr. Plummer: I didn't check into that. The following motion was introduced by Commissioner Plummet Who M6Ved it§ adoption: MOTION NO. 81-492 A MOTION OF THE CITY COMMISSION INSTRUCTING THE CITY ATTORNEY THAT, IN CONNECTION WITH THE APPROPRIATION OF $34,200 FROM THE FY '81 FLORIDA POWER AND LIGHT FRANCHISE EARNINGS TO ESTABLISH PROJECT IX.C.(ii)I8. 'FIRE HOSE AND OTHER FIRE -FIGHT- ING EQUIPMENT', HE (THE CITY ATTORNEY) IS TO LOOK THROUGH THE BACKUP MATERIAL ACCOMPANYING ORDINANCE NO. 9282, SPECIFICALLY, PARAGRAPH 2, IN THE BID EVALUATION, TO ASCERTAIN THAT NO PROB- LEM EXISTS IN CONNECTION WITH SOME POSSIBLE VIOLATION OF THE SPIRIT OF COMPETITIVE BIDDING IN RELATION TO THE NON -COMPETITION AMONG LOCAL DISTRIBUTORS. Upon being seconded by Commissioner Carollo, the motion was passed and opted by the following vote - AYES: Commissioner Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. 9. DISCUSSION AND TBPLUORARY DEFERRAL OF AGREEI1E14T WITH HOWARD V. GARY, AS CITY MANAGER. Mayor Ferre: All right, we're now on Item 45 which is an agreement between the City Commission and Howard V. Gary. Mr. City Attorney, legally, as I understand it, this is not a contract but an agreement. Mr. Knox: Yes, sir. Mayor Ferre: Would you for the record tell us what the difference is between a contract and an agreement? Mr. Knox: Yes, sir. The City Commission is entering into an agreement for the rendering of employment services by the City Manager. There is an aspect of a contract which is associated with it. That is that in the event that the City Commission discharges the City Manager for reasons that are not re- lated to malfeasance or misfeasance then by this agreement the City would be obliged to pay him a sum of money. This is not a contract of employment be- cause if there were a contract then either of the parties would have the right to sue for breach. If the City Commission discharged Mr. Gary for any reason Mr. Gary does not have a cause of action in a court of law to regain his position and this is the essential feature which makes this agreement an agreement for compensation but it is not a contract of employment. Mr. Carollo: Do we have handy the advertisement that was placed in several newspapers across the state when we advertised for the position of City Man- ager? Ms. Hirai: The administration advertised for the City Manager, Mr. Mayor. Mr. Carollo: Can it be read to us before we vote on this? Mayor Ferre: You want a copy of it before you vote, is that what you're paying? Well, go ahead and get a copy, we'll come back to it then, 20 JUN 81981 n IMPLEMENT HOUSING ASSISTANCE PROJECT FOR Ct'BAN AND HAITIAN 10 REFUGEES (FOR ONE YEAR) -ENTER INTO AGREE:IENT WITS LITTLE HAVANA ACTIVITIES AND NUTRITION CENTERS OF DADE COMY,INC. (ALLOCATING $120,000.00 FROM H.U.D.) Mayor Ferre: All right, there is a motion on Item 7 by Lacasa, is there a second? Mr. Carollo: Second. Mr. Plummer: Under discussion, Mr. Mayor, I've got a problem on Item #7 and let me tell you what it is. We don't have the full amount of the contract, this is a portion of it. If what I am reading, and I am hoping that I will be told to the contrary, that I read badly, $120,000 is going to be spent, Mr. Mayor, without the first house being provided. This is for counseling only, only to say, to have a staff to say, "Well, you can look in the news- paper in the classifieds and see what is for rent or you can do whatever you want and here is how." Mr. Mayor, I would prefer personally to take this $120,000 and not pay for staff but to pay for rent and put some people in houses. I think it is ludicrous to spend $120,000, $10,000 a month to advise people, to counsel with people - that is what HUD is supposed to do. HUD is in the housing business and I just personally don't feel that we should spend for counseling only $120,000, I just find a real serious problem with that. Ms. Dena Spillman: We received a grant from HUD, a special grant from the Secretary's discretionary fund of approximately 1.2 million dollars, one to rehabilitate housing units for refugees which we are doing and also as ap- proved in the application to provide this service and that was what was ap- proved by HUD. If you want to change it we have to go back to HUD and see if they would agree to a change and I cannot speak for them. Mayor Ferre: I would recommend that we do this because I would hate to jeopardize those funds, J. L. Let us accept these funds and then I'll recog- nize you to make a separate motion that we instruct the staff to go back to HUD to see if they can be changed. Mr. Plummer: Mr. Mayor, it is my understanding from the wording of the motion that we have already accepted the money, it is a matter now of distribution so it is a different thing than Item 1 which is accepting. We have already accepted Item #7. But Mr Mayor, we can rent an awful lot of apartments for $120,000 and at least we'll know that somebody has a roof over their head and it isn't paying administrative salaries. Ms. Spillman: Commissioner, we have never, under the CD regulations you cannot use Community Development Funds to pay rent unless it is a relocation situation, this is not. I don't know whether they would give us a waiver of the regula- tions, I don't know. Mayor Ferre: It will take you six months even to get an answer because what will happen is you have to refer it to Dade County, Dade County refers it to Atlanta, Atlanta refers it to Washington, Washington comes back three months later, back to Atlanta, by the time you get an answer six months will have gone by. Mr. Plummer: Well, you know, if you read the agenda item it is for Housing Assistance and I don't know how the grant was written, only in the back up material do you find the truth. That assistance is assistance to administrat- ive people to pay their salaries, it isn't assistance in the way of housing. Mr. Mayor, you know a long time I have sat before this Commission and I just really hate the theory that says "Spend just because it is Federal money". It isn't any different color, it is still your's and my tax money. Mayor Ferre: I think some of these people that are coming off of CETA jobs will probably find some jobs..... Mr. Plummer: Well, you all go ahead and vote for it, I just have a problem. Mayor Ferre: All right, any further questions on this item? Any further discussion? All right, go ahead and call the roll. 21 Cl T'he following resolutiop was introduced by Commissionet Lacasa, who MVed it§ adoption* RESOLUTION NO. 81-493 A RESOLUTION ALLOCATING $120,000 FROM THE SECRETARY'S DIS- CRETIONARY FUND OF THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO THE LITTLE HAVANA ACTIVITIES AND NUTRITION CENTERS OF DADE COUNTY, INC. FOR THE IMPLEMENTATION OF A HOUSING ASSISTANCE PROJECT FOR CUBAN AND HAITIAN REFUGEES FOR THE PERIOD COMMENCING DUNE 1, 1981, AND ENDING MARCH 31, 1982; AUTHORIZING THE CITY 14ANAGER TO ENTER INTO AN AGREE- MENT WITH SAID AGENCY FOR THIS PURPOSE. Mayor Ferre: Let me, Howard, just on the record let me say that I would like further explanation in writing on the request to HUD which I'm sure was made subsequent to Mariel as to whether we asked for these moneys in this way or whether it was Washington who decided we would have these moneys in this way. In other words I think Plummer brought up a good point and I need to know whether we initiated it this way or whether Washington did. Mr. Gary: te'1.1 get that answer for you. 11. A) DECI.ABY I::T rtiT OF CITY TO ISSUE REVENUE B0,TDS (DINNER KEY MARINA PROJECT) B) APPROVE BRYANT, 'MILLER AND OLIVE AS BOND COUNSEL,ETC. Mr. Plummer: Under discussion, Mr. Mayor, as you will recall I had some very serious problems with starting the very expensive process of bonding. Mr. Mayor, based upon the history that three times that we have applied for per- mits to expand the Dinner Key facilities and three times we have been turned down we are now at 4th request I believe, I was concerned that we would be allocating by this motion alone $30,000 fat bonding counsel much less anything else. Mr. Traugott called me and came and met with me, Mr. Mayor, I expressed to him my concerns, I offered to him what I thought was a legitimate compro- mise and if that compromise is, in fact, made a portion of this resolution which it is not now I would be happy to vote for same. Basically, Mr. Traugott was very confident that this application was going to be successful and my suggestion was that if he were that confident that it be written into the motion that any and every dollar that this City expended for this process if eventually denied be paid by Biscayne Recreation or Mr. Traugott. If he was that confident that we were going to be successful I was all in favor but I cannot in good conscience vote to expend monies to sell bonds when we have previously been turned down three times by the State of Florida. Now, Mr. Traugott would have to volunteer that as part of the motion I'm sure to start this process. Mr. Bob Traugott: First of all I want to assure you that I believe we're going to get the permitting, I'm in the process of spending $100,000 to as- sure that. We have just about concluded that we will not need a DRI in this project. In reference to Mr. Plummer, what I have said..... Mayor Ferre: Who concludes that, does the State make that decision? Mr. Traugott: Yes. Mayor Ferre: Who decides whether or not you apply for a DRI or you do not? 22 „UN 81981 Mr, Traugott: It's the State. Of course, we were very anxious not to have to db that. I think one of the things that must be explained about your dehial of permitting for Dinner Key, there is a small portion out there that the City has attempted from time to time to fill in. Actually, for the rebuilding of the marina the City has never been denied. But getting back to what I had said, I said that I would be glad to see that the City expended no moneys from their General Fund for the bond counsel or any other things that did not come from the bond proceeds because of lack of permitting. In other words, if the bonds should come first and the bonds are issued be- fore the permitting is done it will only be because the permitting is pretty well, that the bonding people are pretty well satisfied that the permitting will be done. Now, as I understand this program, all of the fees are to be paid out of the bonding proceeds and let's assume that this City sold the bonds and for some reason there was a lawsuit or something happened that the City could not proceed forward, then I feel that the City could arbitrage the .sum of moneys that they have paid.... Mayor Ferre: Well, in the first place, as you know, arbitrage is explicitly forbidden beyond a certain period of time which is limited. In the second place, I can't think of a bonding house in New York that would sell $8,000,000 worth of bonds unless there was an assurance that the red herring which is what you would have to put out, that all the permitting is granted. Mr. Plummer: Especially based on the history. Mayor Ferre: Yes. And so I don't think there is any doubt, Bob, and the reason why I have no problems in voting for this is because this is just another beginning of a very long path that we have to, in other words we need to now get together with bond counsel and start drafting a prospectus, get somebody to undertake the underwriting, take it to market and by the time you do that you will have gotten all these permits. Mr. Traugott: I don't want Mr. Plummer to think I'm reneging on what I said, I agree to that. Mr. Plummer: Bob, and I'm not going to brow beat you here today, if it is not included, as I indicated to you before, I will have to vote against it. Okay? I just want you to know that I thought it was a fair compromise, I still feel that way. You know, I'm just not that confident with the State of Florida. Mr. Traugott: I feel under all the circumstances that I can make that assur- ance. Mayor Ferre: You're making that assurance on the record now voluntarily? Mr. Traugott: Exactly. Mr. Plummer: Well, but that's not an assurance, Mr. Mayor, that he agrees that if we are denied that he will pick up every penny expended by the City as I understand it, Bob. Mr. Traugott: Yes, any moneys that cannot be paid out of the bond proceeds.... Mr. Plummer: Well, if it is approved, Bob, there is no question it is so indicated that the moneys are paid for out of the bonds if approved but if not approved, if we go through all of this massaging of the time frame and everything and right off the bat today approving $30,000, that it must come from either you as an individual or your company collectively so that the City is not out dollars, that's all I'm saying. Mr. Traugott: May I ask a question? As I understand it, the $30,000 to the bond counsel must come from the bond proceeds. Mr. Plummer: If we are successful. See, you want to go and start the time frame running. Mr. Traugott: Right. Mr. Plummer: So does the a lot of dollars which is times we've been denied. three times at bat you're have nothing to guide my in the past is out. Mayor and so do I, butI don't want to start spending going to be spent based upon history that three You know, in baseball, this is not baseball but out. Now, this is the 4th time and what is it? I future but the light of the past. Well, my light 23 JuN 8isoI 0 Mr. Traugott: I have no quarrel, 2'm asking again, I understand that the $30,000 is only paid from bond proceeds, the attorney does not get any funds unless the...... Mr. Plummer: Bob, excuse me, if we don't get the permitting as the Mayor has stated we are not going to sell the bonds. Mr. Traugott: And then the attorney gets no money. Mr. Plummer: Oh no, this is an approval of a contract With an attorney for $30,000 started running today. Mayor Ferre: Mr. City Attorney, is the record sufficiently clear on Commis- sioner Plummer's request and Bob's assurance? Mr. Knox: Well, we understand what the policy considerations are and, of course, we would have to work out an agreement with the attorneys and we could make the City Commission's policy known.... Mayor Ferre: It's all going to come back to the Commission. Mr. Plummer: well, this is just a motion of intent.... Resolution, well, Okay, then what you're saying is, Mr. City Attorney, before any dollars were expended it would have to come back before this Commission. Mr. Knox: well, we will come back to you with a retainer agreement with the law firm which would contain those reservations that you have articulated. Mr. Plummer: But Mr. City Attorney, I'll ask my question again since you ---- Mr. Knox: And they will not begin to do any work or earn any money unless and until that comes back. Mr. Plummer: That's fine as it pertains to the attorneys but I'm talking about all of the other items that have to be complied with such as appraisals, such as all of that. Mr. Traugott: That we're doing already. Mr. Plummer: Okay, but at whose expense? Mr. Traugott: At our expense. Mr. Plummer: Refundable by bonds. Mr. Traugott: No, it isn't, there is nothing in the provisions at this point. Mr. Plummer: Okay, this is a motion, Bob, of intent, I have no problem with the intent, I want to see the facilities expanded, I wish you well and I'll do whatever I can to help you. Mr. Traugott: Let me say this, Mr. Mayor, up to now we have already expended some $25,000 in the permitting process, we are obligated to spend up $100,000. Mr. Plummer: But that's out of your pocket. Mr. Traugott: Out of our pocket. Mr. Plummer: Right. Okay, I have no problem with that. Mr. Traugott: So we have confidence, we will be spending the money now. Mr. Plummer: Mr. Mayor, since we are sending this to the City Attorney for other clarification, Mr. City Attorney, I would want from you, sir, also a ruling if this is going to take a readjustment of the contract with Biscayne Recreation and I'm predicating that upon that contract which we approved was an expansion of 4� million dollars, this is almost double that which we agreed upon and as such I've got a problem. So I want to know whether or not this is a renegotiable item of the contract, whether or not this is technically legal or where we are legally. Mayor Ferre: I'd like to speak to the merits of that aside from the legal question which, of course, the City Attorney has and will, I'm sure, give you full information on it. For seven years that I can recall this Commis- sion and the previous Commissions with a different composition has voted not once but at least 20 maybe 30 times on issues to try to get some of our 24 i n waterfront under development: And by development t mean public oriented developments restaurants, marinas, amusement parks, the other things that this community is in desperate need of. Now, for one reason or another, mostly through legal entanglements we have been able to do very very few of those. We are now beginning to make some headway on the Monty Trainor situation, we are now beginning to make some headway on the rebuilding of this marina. I will not vote for anything that will in any way hold back, impair, place stumbling blocks on something that has forever taken to be born. If we had been able to get going two years or three or four years perhaps this marina would have cost $4,000,000. After 3 or 4 years of law- suits, squabbling, referendums, you name it, we've had it, having won all of them so far and persisting, to me what is amazing is that the private sector has stood still for so long. The patience involved in this is un- believable. Now I don't know how much that thing is going to cost but let me put it to you this way having been through these things before.- It is a lot easier to go from and $8,000,000 revenue bond bond issue to 6 or 5 or 4 than to go from 4 to 8, that is impossible. I don't know where the figure 8 came from, I imagine that that's something that you've come up with. I don't care whether you come up with 8, 10 or 20, it doesn't make a bit of difference because by the time you're finished it has to be some- thing that is realistic. Now, who decides what is realistic? The people who come up with the money. It isn't this Commission and it isn't a court of law, this is not a general obligation of the City of Miami. We're not guaranteeing this, the taxpayers of the City of Miami, as I understand it, are not in any way stuck with this. Well, who is stuck if something goes wrong? The people who come up with the money. This is not a GO. There are many classifications of bonds, one is a General Obligation Bond, this is not one of those. Another is a full faith and credit bond, this is not one of those. Another one is the moral obligation bond, this is not a moral obligation bond. This is, if you want to put them in order, the bottom of the totem pole. This is the weakest form of bond that you can sell and that is one that is purely dependent on a project itself. Now, that is going to be hard enough to sell but believe me you're not going to get me one red cent out of New York if you're not able to justify this bond before the people who buy it. Now am I right or am I wrong in that? Mr. Traugott: You're right. Furthermore, Mr. Mayor, let me explain some- thing else. We arbitrarily selected a figure of $8,000,000 because we are in the process right now of doing a feasibility, within two weeks I'll be able to give you a very good idea of what this marina is going to cost. And also, as to the amendment to the contract, there is a clause in this contract that says that the bond counsel may change elements of this con- tract in order to make the bonds saleable so if we need to do anything the bond counsel has the ability to do that, to amend this contract. Mayor Ferre: All right, further discussion? Call the roll. Mr. Plummer: I'm sorry, Mr. Mayor, I was taking a call for my mother. Before you call any roll, I want to state for the record, Mr. Mayor, I recognize your criticism - I don't agree with it but I recognize your crit- icism and it is valid. The criticism that we've tried to improve facilit- ies, where I disagree with your criticism, it is not this Commission, Mr. Mayor, that is responsible here, well maybe if the shoe fits - as one of my colleagues says, we should wear it and maybe the shoe was getting a little tight. Mr. Mayor, this has solely been the State processing that has denied the right of this expansion of Dinner Key, we have not been able to get it. Mayor Ferre: J. L., it goes way way, and this is no criticism, I was just pointing out on the record that if you go back, this has been editorially attacked by both newspapers, this thing has been - Rose Gordon used it as the basis for a campaign as you well remember, we've been through the whole process of that authority, remember they wanted to create an authority with all those people out there and neighbors kept on putting things on and on and on and there was a petition and then they were even going to get into a recall and all of these things have geen going on and we have persisted... Mr. Plummer: I understand, sir, and what you say is quite true, seven years that this has gone on but it is not the fault of this Commission. Mayor Ferre: No, of course not, I'm not saying that it is. Mr. Plummer: Okay. Now, Mr. Gary, I would like to know the question which I did not hear an answer. Where did this figure of $8,000,000 come from? Obviously it was not a magical figure. 25 Ju% 81981 Mayor retre: He said on the record that he came up with the $8,000,0004 Mr. Traugott: First of all, let's assume the 4� million dollars was ar- rived at some 21% years ago. So we arbitrarily picked a figure of $8,000,000 just out of the air because we know that this thinq has to come back before the Commission two or three times before it becomes real- istic and that within two weeks now, I'm in the process of doing a feasi- bility study and within 2 weeks we'll be able to give you a very concrete idea of what this marina will cost. Something else, Mr. Plummer, in order to change this, the bond counsel under the terms of the agreement between Biscayne Recreation and the City of Miami the bond counsel has the ability to change that agreement in order to make the bonds saleable and advisable to the City at that time. So even the $8,000,000 could be amended at that point if we had to do it. Mr. Plummer: But not up. Mr..Traugott: No, that's the problem, they are very difficult to amend up but very easy to amend down. Mr. Plummer: All right, Mr. Mayor, the other point that I wanted to make, and I will ask the City Attorney to speak to when he returns with his answers, Mr. City Attorney, of course, there is no question as I spoke to before about the opening or renegotiating of this contract that when you double the amount of the revenue bonds and especially at today's 21% that is going to change the entire composure or complexion of that agreement which we signed with them, it's just got to. You know, the difference between 10% at the time that we negotiated this thing and 21% today and doubling of the amount. I'm merely asking that you look into that matter and report that back to us. Mr. Mayor, I would like to have a proviso or an addition to this resolution ---- no, I withdraw it. Mayor Ferre: All right, further discussion? Call the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 81-494 A RESOLUTION OF INTENT TO ISSUE CITY OF MIAMI MARINA REVENUE BONDS (DINNER KEY MARINA PROJECT) IN AN AMOUNT NOT EXCEEDING $8,000,000, PURSUANT TO CHAPTER 166, FLORIDA STATUTES; FURTHER APPROVING THE CITY ATTORNEY'S I4EGOTIATING FOR THE PROFESSIONAL SERVICES OF THE FIRM OF BRYANT, MILLER AND OLIVE TO ACT AS BOND COUNSEL FOR THE ISSUANCE OF THE HEREIN BONDS, SUBJECT TO THE APPROVAL OF THE CITY COMMISSION PRIOR TO THE EXECUTION OF AN EMPLOYMENT AGREEMENT; FURTHER AUTHORIZING APPROPRIATE OFFI- CIALS TO WORT: WITH SUCH BOND COUNSEL; FURTHER APPROVING THE EXPENDITURE OF FUNDS PRIOR TO THE SALE OF BONDS; PROVIDING SAID BONDS SHALL BE PAYABLE FROM REVENUES OF THE PROJECT AND CERTAIN OTHER NON AD VALOREM TAX REVENUE FUNDS OF THE CITY; PROVIDING NEITHER THE TAXING POWER NOR THE FAITH AND CREDIT OF THE CITY OF MIAMI, THE STATE OF FLORIDA OR ANY OTHER POLITICAL SUBDI- VISION THEREOF SHALL EVER BE REQUIRED FOR THE PAYMENT THEREOF; AND PROVIDING All EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo the resolution was passed and adopted by the following vote - AYES; Commissioner Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. „ Vice -Mayor. (Rev.) Theodore R. Gibsont Mayor Maurice A. Ferre�F 26 JUN 81981 Mayor Ferre: No, J. L., I want to say something about this and I want you to hear this now. This is a resolution and there are a lot of steps between now, and I would hope that both the administration and the Law Department and the Manager of this marina will act with all due dispatch. If you start working full time and do a good job it will take you two or three months to put this together anyway. As I understand it from our visit to New York to see the rating companies, Moody and Standard and Poor and our financial advisors, the bonding market might get better later on this year for a short while so we really need to be ready when that happens because I certainly intend to see this marina under construction very soon. Mr. Plummer: Mr. Mayor, I couldn't agree with you more that it is about four years past due but I hope we all understand that this is a resolution which does not authorize the expenditure of any funds except those funds obligated by Biscayne Recreation up to $100,000, that this resolution of intent does not give any authorization for the administration to expend funds until it has been ratified in a motion by this Commission. There is no other way it can be the way it is written. Mayor Ferre: Mr. Gary and Mr. Knox and Mr. Traugott, is that your under- standing, is everybody in agreement with Plummer's statement? Mr. Traugott: Yes, that's why this is an intent. we have many more areas to come back to.... Mr. Plummer: Excuse me, Bob, I only jumped in because the Mayor made the comment that said, "I want them to immediately proceed full speed ahead." Mr. Traugott: But we are. Mr. Plummer: You are. Mr. Traugott: Yes. Mr. Plummer: But not the administration, they we have ratified it and at this point we have Mr. Traugott: But we need their cooperation. Mr. Plummer: Cooperation doesn't cost anything. Mayor Ferre: Wait a minute, that's not what I voted on, I don't know whether Gibson, you voted on that or whether you voted, that was not my vote. My vote is very very clear and let me understand so that we understand each other extremely well. I am voting on a resolution, the intent of which is to issue ar $8,000,O0O revenue bond pursuant to Chapter 166 of Florida Statutes and approving the City Attorney's employment of Bryant, Miller and Olive as bond counsel for the issuance of herein bonds, further authorizing the appropriate officials to work with such bond counsel, further approving expenditures of funds prior to the sale of bonds providing said bonds shall be payable from revenues of the project and certain other non -ad valorem tax revenue funds of the City, providing neither the taxing power nor the faith and credit of the City of Miami and so on and so forth. Now, that's what I voted on. Mr. Plummer: That's exactly what I voted on, Mr. Mayor, but you have heard the City Attorney very clearly state for the record that nothing will be done by his office until they have negotiated with the law firm a contract and that has to be ratified by this Commission. Mayor Ferre: I have no problems with that, in other words you have to bring it back for ratification. But I would hope that with regards to talking to whoever it is that is going to handle this in Wall Street, getting Lowrey in tune with it, getting Caesar Odio and the other members of the administra- tion that are going to get involved in working out the details so that when these things come we can move along very quickly. Mr. Plummer: I've got no problem, as long as moneys are not spent.... Mayor Ferre: All right. 27 „U N 819 81 12. AUTHORIZE CI:'Y MANAGER TO CONTINUE SERVICES OF HENRY THOMPSON AS PROJECT COORDINATOR OF THE CITY OF 21IA11`1I/UNIV. OF MIAMI JA2TES L. KNIGHT INTERNATIONAL CENTER PROJECT. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 81-495 A RESOLUTION AUTHORIZING THE CITY MANAGER TO CONTINUE THE AS of- THE C TYSERVICESOOAMI/UNIVERSITY OFF HENRY NMIAMIROJECT COORDINATOR JAMES L. KNIGHT, OF THE CITY INTERNATIONAL CENTER PROJECT. (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: Commissioner Joe Carollo Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. Commissioner J. L. Plummer, Jr. 13. CLAIM SETTLEMENT: I,,ENE REDDY. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 81-496 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO IRENE REDDY, WITHOUT THENiAPLETEISETOON OF LIABILITY,T OF ALL THE SUM OF $8,500 IN FULL AND CO _ INJURY, PERSONAL INJURY PROTECTDIDEMANDSSAGAINSTOTHEE CITY KMENSM PENSATION LIENS, ALL CLAIM 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- , . AXES: Commissioner Joe CarollO rr�y Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre ht5 NOES; None. y APSENT: COMM 4T.+.LIIIIIper ►7Y e r rr c 9 S 2 ii y, 1 28 JUN 8 1981 14. PROVIDE REI11BURSE2IENT TO MEMBERS OF THE CODE ENFORECEPIENT BOARD FOR TRAVEL, MILEAGE, AND PER DIEM EXPENSES. (Administrative Policy 1-77) The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 81-497 A RESOLUTION PROVIDING FOR REIMBURSEMENT TO MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TRAVEL, MILEAGE, AND PER DIEM EXPENSES INCURRED IN THE DISCHARGE OF THE MEMBER'S OFFICIAL DUTIES IN ACCORDANCE WITH ESTABLISHED CITY TRAVEL AND PER .' DIEM POLICIES AS SET FORTH IN ADMINISTRATIVE POLICY 1-77 AS FOUND IN THE CITY ADMINISTRATIVE POLICY MANUAL; FURTHER AUTHORIZING THE CITY MANAGER TO ESTABLISH FORMS AND PROCE- DURES AS MAY BE REQUIRED FOR THE PAYMENT OF SAID REIMBURSE- MENT REQUESTS. (Here follows body of resolution, omitted here and on file ABSENT: Commissioner J. L. Plummer, Jr. 1.5. APPOINT THREE MEMBERS TO THE CODE ENFORCEMENT B0ARD -(This item is left open until two absent members of the Commission have an opportunity to participate in anpointing three more). The following nominations were made: Mayor Ferre - Peter Padowitz Com. Lacasa - Luis F. De La Cruz Com. Carollo - Ed London Mr. Gary: Mr. Mayor, Peter Padowitz, I'm under the impression that he is an employee or a prior employee of the Building Department and he is in the processing of taking a few days off before he comes back as an employee. Mayor Ferre: Mr. Padowitz, why don't you step forward and clarify that for US. t^. _ Mr. Peter Padowitz: Mr. Gary, my name is Peter Padowitz, 7899 N.E. Bayshore Court, Miami. I am a former employee of the Building and Zoning Department. I served as Chief Plumbing Inspector for 2� years and as Energy Conservation Officer for over a year. I have left the employee of the City and returned to private industry. Mr. Gary: So you're not coming back to the City? Mr. Padowitz: No, sir. Mayor Ferre: Does that clarify it for you? Mr. Gary: Yes, sir. Mayor Ferre: Does anybody have any problems with that? Vince, do you have any problems? Mr. Grimm; No. 29 J u N 8 1981 Mayor Petre: Now please speak but if bhers are any problemsi f:d likd tb khow. Ate there any problems? Mr. Gary: No. The last correspondence we had, he was coming back but he has clarified that. Mayor Ferre: Mr. Padowitz, for the record, we need your resume and all that information, if you would submit it to the Clerk and send a copy to my office, please. As far as the terms are concerned, Mr. Gary, once we have all six let them draw from a hat as far as I'm concerned to determine who gets the one year and who gets the two year and who gets the three year and then beyond that they choose their own chairman. Is that correct? Mr. Gary, they do choose their own chairman, is that correct? Mr. Gary: Yes, we'll comply. Mayor Ferre: J. L., we need one more name from you, we need a name from Father Gibson. Mr. Plummer: All right, I'll get you a name, Mr. Mayor. 16. BRIEF DISCUSSIO'_d CO:;CEP,I1JG CLAI_" SETTLEIiENTS - (See label 13) Mr. Plummer: Mr. Mayor, may I divert back? I'm sorry that I had to call my mother. To Item 10, Mr. Mayor, I have a problem with Item 10. Mr. Knox, it is my understanding in this particular case, and I'm sure you're familiar with the background, that this projection of metal was from a street sign that was on the sidewalk. Mr. Knox: Yes, sir. Mr. Plummer: And, Mr. Knox, I am questioning that Metropolitan Dade County is solely responsible for street signs. The City of Miami does not have any responsibility. Now, I have brought to this Commission's attention in the past where Metro Dade County wants to change a sign on the sidewalk, they come along with a torch and cut it off as close as possible, not removing it as they did when they put it in, sticking above the ground, and I have seen any number of cases in which people have stumbled down the street, fallen, broken limbs, Mr. Knox, I am only questioning here and will moreso question to the future that this is something that is done by Mletropolitan Dade County and as such, should be their liability not our's. Now, I'm just questioning and I want a memo here on this particular case that if, in fact, it was a stub of a metal - as I have been told it was - from a street sign erected by Dade County and taken down by Dade County why we were even sued. I don't see where we have liability. Mr. Knox: We'll give you a memo, I can tell you that the courts unfortunately have not agreed where the street sign was on the City sidewalk. Mr. Plummer: Well, Mr. Knox, let me tell you where I am, sir. If you come back with what it has been alledged to me as being true, I will then make a motion before this Commission that you immediately proceed with a lawsuit against Dade County because it is their liability and I think it is only right - our people didn't put them damned thnings there and our people didn't take them out. Mr. Mayor, do you understand what I'm saying? I brought this thing here before. If you walk down the street you'll see these things sticking out all over. I told you before when the State Legislature addressed and took away no fault accidents that we immediately ought to file for no fault sidewalks because it was costing us a fortune. Thank you, Mr. Mayor, for allowing me. Mayor Ferre: Do you want to formalize it in any way? Mr. Plummer: Does the City Attorney need an action? No, pir, jt'S not necessary. UU J U N 81981 N 17. APPOINT HARRY KANTOR TO THE MIAMI AUDIT ADVISO71Y COMtiITTDE . Mayor Ferre: We're on 13. I would like to recommend the name of Harry Kantor. Now Mr. Kantor is President of the National Bank of Florida, I think you all know Joe Kantor, this is his son. Mr. Plummer: Does he live in the City, Mr. Mayor? Mayor Ferre: Yes. Mr. Plummer: Fine. Mayor Ferre: So does somebody want to make a motion to that affect? Mr. Plummer: I'll move it. Mayor Ferre: With the stipulation that he submit to the Clerk a note that he does live in the City of Miami. Is there a second to that? Mr. Plummer: That his place of residency is in the City of Miami. Mayor Ferre: And I assume that's true of the other nominees that we've made. Mr. Plummer: I sure hope so. Mayor Ferre: All right, with that stipulation further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-498 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE ON THE MIAMI AUDIT ADVISORY COMMITTEE FOR SPECIFIED TERMS THEREON. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Armando Lacasa. Mr. Carollo: You know, Mr. Mayor, with all due respect I just can't under- stand why in some boards we take such a firm stand on making sure that the people live in the City and then in others we just don't care. Either we're going to take that same stand in all boards or not take it all in any. That's my opinion. And then if we take it in all boards I suggest that we even go further than that, then we request that all of our department heads live in the City also. Mr. Plummer: All of what? Mr. Carollo: our department heads to live in the City of Miami. What I'm seeing now is that the majority of the people that we have appointed to boards don't live in the City and the vast majority, I'd say 90 plus per- cent of our department heads don't live in the City. So if we're going to do it for this board now let's do it for all boards. Mayor Ferre: All right, anything else on that? 31 JUN 81981 0 18. REFER BACK TO THE COMMITTEE ON ECOLOGY AND BEAUTIFICATION NAMES SUBMITTED BY THEM TO THE CCNZI.-SSICN REQUESTING THAT THEY RE- CONSIDER SUCH TO MORE ACCURATELY REFLECT CITY'S ETHNIC MAKE-UP. Mayor Ferre: We're now on Item 14 which is the City of Miami's Committee on Ecology and Beautificatiuu. Mr. Plummer: Move it. Mayor Ferre: We need nine names. We always end up with the same names. How did Alicia Barro get into this? She's in everything. Mr. Plummer: Mr. Mayor, I think it is 11 names. (INAUDIBLE CONVERSATION) Okay, I hink the point is this, that out of 55 names there are only 3 Latins on that and 1 black and I think that that means in my opinion that we need to appoint Latins and blacks. How many appointments do we have? Nine, does any- body want to volunteer any names? Mr. Plummer: I thought it was eleven. Mayor Ferre: Further appointing eleven individuals, you're right. Now, if you look at Item 14 in your packet, it says in the second parayrap-h, "... con- sequently there are in nomination nine individuals to fill unexpired terms of three individuals to fill terms anticipated to expire before June 12th", so in effect we have 12. Now, they're recommending the following people, Okay? Are you with me? Section 1 says, "With the resulting vacancies to remain unfilled in order to reduce the number of official members on the com- mittee to the required 50 official members maximum". Are these the people they're dropping? So the,.'re dropping Pauline Battle, Walter Bailey, Phoenita Pressman, Sandra Schevin and Bradley Williamson, all of whom live in Miami Beach. And the official member status of the following individuals on the City of Miami Committee on Ecology and Beautification is hereby terminated." Are they keeping all of these? Mr. Plummer: Well, Mr. Mayor, I don't know exactly but, for example, Mildred Pepper is now deceased, I guess this is official action. Richie Pallot is now deceased, I don't know why you need an action, a death certificate would suffice. UNIDENTIFIED SPEAKER: Do you want me to summarize what they're doing on here? Mayor Ferre: Yes, what's happening here, well, obviously David Bushner, Rea Goldwin, Richard Pallot- and Mildred Pepper are all deceased.... Excuse me, it isn't that we're dealing here with a bunch of idiots and they don't know that, that's what your memorandum says is that they are deceased and, therefore, obviously.... Mr. Plummer: Where is that stated? Mayor Ferre: In the last page, Mr. Plummer, it is Request for Action of the City of Miami Commission signed by E. Albert Pallot =nd the date of it, and the recording secretary is Mrs. Edna S. Downing and it is properly signed and dated, etc. Now it couldn't be clearer, it's in the memorandum. Now, what it does is it requests the acceptance of the resignation of Mr. Timothy Sul- livan, it tells us that four members have been deceased and there are six people who are not members because they have moved from Miami, Eleanor Colton, John Engle, Dr. Jackson, Mr. Melvin Jacobs, Pat King and Bradley Williamson. And then it says that the following terms are expiring and would like to have them reappointed: Mr. Leonard Aabotts Jr., reappointment, Mrs. Amparo Cardenas, reappointment, H. Louis Dorn leaving Miami, see attached list for replacement; Mrs. Andrea Herman, reappointment and Joe Popp unavailable, see attached list for replacement. in effect what they're asking for is that 3 be reappointed and the rest of them they're asking for new people to be appointed. Is that correct? UNIDENTIFIED SPEAKER: Yes, that's correct, Mayor Ferre: Now, they are recommending the following associate members for consideration as official members and my whole point in all of this is that not one of them is either Latin or black, not one. Now, please correct me if I am wrong: Mrs. William E. Bennett, Hilda Rigbloom, Gary Vance, Herman Brice, Mrs. David Jenkins, Richard Judy, Steve- Little, Car:,1 n Lu::ett3, - 32 s l� 0 gh&fist Mrs, Molly Turner and Lionell Cushman. Now, I may be wrong but i don't think that any of these are black or Latins, is that correct? And if you will look.... Mr. Plummer: Mr. Mayor, I make a motion at this time that this item be sent back to the Beautification Committee expressing that which you have just stated for the record and that they reconsider these nominees and report back to this Commission at the next meeting. I offer that in the form of a motion. The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 51-499 A MOTION OF THE CITY COMMISSION REFERRING BACK TO THE CITY OF MIAMI COMMITTEE ON ECOLOGY AND BEAUTIFICATION ALL OF THE NAMES SUBMITTED BY THEM TO THE COMMISSION FOR THEIR CONSIDER- ATION, WITH THE SUGGESTION THAT THEY RECONSIDER THE NAMES WHICH HAD BEEN RECOMMENDED FOR APPOINTMENT AND THAT THEY TRY TO PUT TOGETHER A LIST OF PROSPECTIVE APPOINTEES WHICH WOULD MORE ACCURATELY REFLECT THE ETHNIC MAKEUP OF OUR COMMUNITY. Upon being seconded by Commissioner Gibson, the motion was passed and opted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioners Carollo and Lacasa. Mayor Ferre: I just want to leave into the record the following information so that we're all very clear as to what is going on in this, and I don't mean this in any disparaging form, I've got nothing but the highest regard for my friend Al Pallott and for the whole committee. They're one of the most dedi- cated groups of people in Miami. There are 55 people that were listed as members, there were 3 latins, Amparo Cardenas, Raul Masvidal, Ed Nodarse and only 1 black, a black female, Mrs. Inez Wilcox. And I want to tell you that I'm sure that there are more than 1 black and 3 Latins that are interested in beautification in the City of Miami so we really should have a much better balanced group. Mr. Plummer: Mr. Mayor, I think we ought to question the entire process. There are 50 official members of that committee and they never have more than 20 at a meeting. Mayor Ferre: J. L., it is a voluntary organization. Mr. Plummer: I understand. Mayor Ferre: Hey, as you pointed out, five of them are dead, six have moved out... Mr. Plummer: Mr. Mayor, you mean legally dead. Have you been to one of those meetings recently? Mayor Ferre: let's move along. 33 4 19(A). APPOINT JOSEPH MIDDLEBROOKS TO SERVE AS REGULAR MEMBER OF URBAN DEVELOPMENT REVIEW BOARD. Mayor Ferre: we're on Item 15, filling vacancies for the Urban Development Review Board. I would like to recommend Mr. Ron Frasier who is a black architect. Mr. Plummer: Second the motion. Mayor Ferre: Does anybody else have any.... Mr. Plummer: It's just one isn't it? Wait a minute, it says plural. Mayor Ferre: How many vacancies do we have on that? Mr. Joe Mc Mannus: Mr. Mayor, could I clarify that for you? I believe you might have two options. The first of these is to appoint to the regular vacancy, your other option would be to appoint the existing alternate to the regular.... Mayor Ferre: Who is the existing alternate? Mr. Mc Mannus: The existing alternate is Mr. Joe Middlebrooks, the architect. Mr. Plummer: Who is also black. Mayor Ferre: Well, I think that is the way to do it. Mr. Plummer: So then we would boost him up to a full time and put Mr. Ron Frasier in as the alternate. Mayor Ferre: That's correct. Mr. Plummer: That is encompassed in my motion for approval. Mayor Ferre: Okay, is there a second that Mr. Middlebrooks be moved into that position? All right, Father Gibson seconds. Further discussion? The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-500.1 A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A REGULAR MEMBER OF THE URBAN DEVELOPMENT REVIEW BOARD. (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: Commissioner Joe Carollo ,,41 Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre g F r u 2 z NOES; None. �z ABSENT. Commissioner Armando Lacasa. { 1 Gl.v 34 JUN 81981 It; # 19(B). APPOINT RON FRASIER AS ALTERNATE 14EMBER OF THE URBAN DEVELOPMENT REVIEW HOARD. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-500.2 NOES: None. ABSENT: Commissioner Armando Lacasa. 20. ACCEPT PLAT ENTITLED "THE RENAISSANCE", AS WELL AS DEDICATIONS SHOWN ON IT, ETC. DIRECT CITY MANAGER TO RECORD SAME. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 81-501 A RESOLUTION ACCEPTING THE PLAT ENTITLED THE RENAISSANCE, A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDICA- TIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE THE PLAT AND PRO- VIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (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 Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None, ABSENT: Commissioner Lacasa. s 5 a� 4 JUN 8 1981 21. FIFTH ANNUAL. MIAMI/BAEAMAS GCOIBAY FESTIVAL: CLOSE REQUIRED STREETS; WAIVE ONE-HALF FEE FOR USE OF SHOk`MOBILES; APPROVE $29,284 IN -KIND SERVICES IN SUPPORT OF SAID FESTIVAL, ETC. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 81-502 A RESOLUTION CONCERNING THE FIFTH A14NUAL �;IAIMI/BAHAMAS GOOMBAY FESTIVAL RELD ON JUNE 5, 6, AND 7, 1981; APPROVING, RATIFYING AND CONFIRMING THE CLOSING OF CERTAIN STREETS TO THROUGH TRAFFIC CN THOSE DATES DURING SPECIFIED HOURS IN �'. ORDER TO ESTABLISH A PEDESTRIAN MALL; WAIVING ONE-HALF OF THE RENTAL FEE FOR THE: SKALL AND LARGE 5HOW,40BILES, SUB- JECT TO PAYMENT BY Mlk'AI/LAiAMAS GOOMBAY FESTIVAL IN COCO- NUT GROVE, INC., THE SPONSGR OF SAID FESTIVAL, OF ALL RE- LATED COSTS; ALLOCATING $220 FROM SPECIAL PROGRAMS AND ACCOUNTS, QUALITY OF LIFE PROGRVI - FEE WAIVERS, TO COVER THE COST OF THE WAIVER OF' ONE' -HALF THE RENTAL FEE FOR SAID SHOWMOBILES; FURTHER APPROVING, RATIFYING AND CONFIRMING THE FURNISHING OF UP TO $2111,284 OF IN -KIND SERVICES TO SUPPORT :PROVING, RATIFYING AND CONFIRM - THE SAID FESTIVAL; FURTHER ING THE INVALIDATING OF ALL RETAIL PEDDLER LICENSES IN THE DESIGNATED AREA DURING THE FESTIVAL PERIOD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer passed and adopted by the following vote - the resolution was AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Armando Lacasa. 22. BRIEF DISCUSSION AT1D TEMIPORAIRY DEFERRAL OF FORtIALI7ATIO`_d OF BILLY FIREI;;AS APPOI"'TtIENT AS REGULAR YXIIBER ON THE ZONING BOARD. Mr. Carollo: Mr. Mayor, befor we cake it up, if I could just ask a question. I have no problem with appointin(: any member that the majority of this Coimmis- sion would want to appoint to any board, the only problem that I have with num- ber 18 is I recall at least one time in the past that when there was a vacancy on the Board the alternate Zoning Member was not appointed to that vacancy so my question is that if it wasn't done in the past shouldn't we follow what has been done in the past and just open it up again then whoever wants to nominate his individual like it was done in the past? Mayor Ferre: I don't think anybody has any problem with that. Mr. Carollo: we have two openings right now as I understand, so what I'm saying is why don't we advertise for both of them now and then whoever would like to vote for this individual can. Mayor Ferre: Well, I think the point is that we should follow the same proced- ure that we followed in the past and I don't think we should start making ex- ceptions. what we've done in the past is as Father Gibson pointed out is what we should do right now and we have, if there is a precedent then that is what we ought to follow. Mr. Plummer: Then I would assume, Mr. Mayor, what you're saying is that this motion be deferred. 36 JON 61981 mt. Carbil0: That's correct, LT. L,# if we could defer.... Mayor Ferre: Yes, and let me just say for the record so that nobody mis- understands my actions on this that I did vote for Mr. Freixas and intend to in the future so that is not the purpose of this. The purpose of this is so that we follow the procedure. Mr. Carollo: That's right, Mr. Mayor, to follow what has been in the past. Mayor Ferre: As I recall, we all voted for Freixas. Mr. Carollo: I don't recall, Mir. Mayor, what the vote was but what I am saying is that, you know, if the votes are here for Mr. Freixas or whoever might be over here, you know, when you advertise again.... Mayor Ferre: The motion was, as I recall the last time around, there were no nominations, the motion was that we follow the previous practice of moving the alternate up to the full time and that's the way it passed as I recall. Mr. Carollo: What I am stating, Mr. Mayor, is that if in the past in the very near past we have done it differently that when there is a vacancy is put again to advertisement, I think we should be consistent and do it again. Mayor Ferre: Because I don't want any problem, Marie, do me a favor, would you or Nestor go tell Lacasa that we've voting on this so that he doesn't have a tantrum? Let him come and know that we're doing this so he doesn't think that we're.... Mr. Plummer: All right, well let's move on until he gets back, we can hold it in abeyance. 23. CONSENT AGENDA: Commissioner Plummer requested that items 19, 24 and 25 be removed from the Consent Agenda. Mayor Ferre: Before the vote on adopting items included in the Consent Agenda is taken, is there anyone present who is an objector or proponent that wishes to speak on any item in the Consent Agenda? Hearing none, the vote on the adoption of the Consent Agenda will now be taken. Commissioner Plummer moved that the Consent Agenda comprised of Items 20-23 be adopted. Commissioner Carollo seconded the motion. The following resolutions were introduced by Commissioner Plummer, seconded by Commissioner Carollo and passed and adopted by the following vote: AYES: NOES: None. Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre ASSENT: Commissioner Armando Lacasa. 23,1 AUTHORIZE INCREASE IN CONTRACT - TIMCO E1XCTF.IC, MIAMI STADIUM - FIELD LIGHTING - 1981. RESOLUTION NO. 81-503 A RESOLUTION AUTHORIZING AN INCREASE IN CONTRACT IN THE AMOUNT OF $2,020 BETWEEN THE CITY OF MIAMI AND TIMCO ELECTRIC, INC. FOR THE COMPLETION OF MIAMI STADIUM -FIELD LIGHTING-1981, SAID AMOUNT TO BE PROVIDED BY FUNDS AL- READY ALLOCATED TO THE PROJECT. 37 JUN 81981 21.2 Ad=ff COMPLETED WORK: POLSTEiN CONSTRUCTION, INC. - POINT VIEW HIGHWAY IMPROVEMENT. RESOLUTION NO. 81-504 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY POLSTEIN CONSTRUCTION, INC., AT A TOTAL COST OF $566,555.20; ASSESSING $4,100.00 AS LIQUIDATED DAMAGES FOR 41 DAYS OVERRUN OF CON- TRACT TIME; AND AUTHORIZING A FINAL PAYMENT OF $93,555.20 FOR POINT VIEW HIGHWAY IMPROVEMENT (2ND BIDDING - BULKHEAD ONLY). 23.3 ACCEPT BID: D.M.P. CORPORATION - SOUTHERN DRAINAGE PROJECT E-51 RESOLUTION NO. 81-505 A RESOLUTION ACCEPTING THE BID OF D.M.P. CORPORATION IN THE PROPOSED AMOUNT OF $355,771.02, BASE BID OF THE PROPOSAL, FOR SOUTHERN DRAINAGE PROJECT E-51; WITH MONIES THEREFOR ALLOCATED FROM THE "STORM SEWER G.O. BOND FUND" IN THE AMOUNT OF $355,771.02 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $39,134.81 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $7,115.17 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE; ALLOCATING FROM SAID FUND THE AMOUNT OF $14,754.00 TO COVER THE INDIRECT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. 23.4 ACCEPT BID: UNLIMITED PRESSURES, INC. - 8 OXYGEN CASCADE SYSTEMS - FIRE DEPARTMENT. RESOLUTION NO. 81-506 A RESOLUTION ACCEPTING THE BID OF UNLIMITED PRESSURES, INC. FOR FURNISHING 8 OXYGEN CASCADE SYSTEMS TO THE DEPARTMENT OF FIRE; AT A TOTAL COST OF $26,775.00; ALLOCATING FUNDS THEREFOR FROM THE FIRE FIGHTING, FIRE PREVENTION, AND RES- CUE FACILITIES BOND FUND; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS EQUIPMENT. 24. DISCUSSION AND DEFERIRAL OF THE ACCEPTANCE J: BID FRO;' "PROPERTY !V�J'.AGEMENT 11ND "".AINTENA?ICE, INC." (CLE.MIING OF OR:U GE BOIm, !IAIRIi'E STADIUM AND BASEBALL STADIU`7) . Mr. Plummer: Mr. Mayor, on Item 19 I find no process in which there was any bidding. Mr. Jennings: Yes, sir, Commissioner, there were 22 bids.... Mr. Plummer: Sir, I don't have them. Mr. Jennings: There were 22 firms to which the bid specifications were sent. Mr. Plummer: How many bids? Mr. Jennings: There was one bid received and that is the bid before you today. Mr. Plummer: Mr. Mayor, I move that this matter be deferred until such time as all the list of bidders have been processed to us. Mr. Jennings: There was only one bidder. Mr. Plummer: That's my problem Mayor Ferre: Bob, on Item 1.9 what was the bid, please, for the record? what was the bid amount? Mr. Jennings: There is no specific bid amount, Mr. Mayor, the way we work it is the bid is on the basis of the size of the crowd at the stadium. 38 JUN 8 1981 Mayor Petro: I see. But what is the estitate of the amounts involved on the cleaning of the Orange Bowl Stadium, Miami Marine Stadium and Miami Base= ball Stadium after events held in these facilities? Mr. Jennings: Mr. Mayor, I'm going to let Walter Golby the Stadium Manager.,. Mayor Ferre: I mean are we talking about $10,000 or $100,000? Mr. Jennings: It ranges.... Mr. Plummer: Did you want to speak to this item? Mr. Jennings: The range is at the Orange Bowl Stadium for an attendance of 1,500 to 2,499 we pay him $350 to clean the stadium. That scale increases up to a crowd of ------------- Mayor Ferre: Bob, you're not answering my question. Mr. Plummer: Bob, in answer to the Mayor's question, what did you project in your budget for that amount for the year? Mayor Ferre: That's the question, I mean are we talking about $1,000, $10,000 or $100,000? You've got to have an idea. Mr. Jennings: well, let me make a guess. ten times... We probably spend 40 to $50,000 on cleaning..... Mr. Plummer: Mr. Mayor, I move that this matter be deferred so that he doesn't have to guess so he can come back with educated answers. Mayor Ferre: You say 40 to $50,000? Mr. Jennings: That would be my estimate, yes, sir, with average sized crowds. Mayor Ferre: Mr. Jennings, I've asked you the question with regards to Item 19 which is the Orange Bowl, the Marine Stadium and the Baseball Stadium. Mr. Jennings: Yes, sir. Mayor Ferre: And you're saying that all tolled it's $50,000? Mr. Jennings: No, sir, I said at the Orange Bowl alone it is 40 to $50,000. Mayor Ferre: I'd like to know how much we're talking about. Are we talking about all toll less than $100,000 or more than $100,000? Mr. Jennings: Less than $100,000. Mayor Ferre: But more than $50,000? Mr. Jennings: Yes, sir. Mayor Ferre: And we only got one person in this whole town that was inter- ested in bidding? Mr. Plummer: It seems ludicrous. Mr. Jennings: One firm that bid out of 22 that were offered. Mayor Ferre: Do you want to say something to us? Your name and address for the record. Mr. Jose Fante: My name is Jose Fante and I represent the firm of Property Management and Maintenance which was the only company that bid. We have been doing the Orange Bowl for the past 9 years and I'm proud to say to a very successful record and the prices that I have quoted in this bid are the same as in the last 3 years. In other words there was no increase. Now it all depends on the number of events that they have in the stadium. Mr. Plummer: You see, Mr. Mayor, I have no problem with that and probably it is being offered as a good deal to the City if what you saying to me is there is no increase over 3 years. But sir, what I'm speaking to is not your firm or the quality or the price, sir, I am concerned in this City when we put out 22 bids and only have 1 person who responds. I have a problem with that. 39 J U N Qq 1981 1kev. Gibson: But J. L., I know what you're saying, now look, I think we ought to say to people when we send these bids out the deadline is such and such a time, either you're going to report back or say you're inter- ested or you're not. What are we doing here waiting and waisting all of our time for people who didn't give a happy hoot? Now, I take the posi- tion that you know when the deadline is, that is what the County tells you, doggone it about those taxes and if you don't come in, do you know what happens? They go on and do their do. Mr. Plummer: Father, you're so right, but let me tell you what the prob- lem is and let me recall to your memory. Father, a couple of years ago in which we were told as a Commission that 20 bids went out for the rental of a half a million dollars of rental cars and we only had one bidder. And when I asked for the list of who received bids I started making phone calls. I called my friend Mr. Anthony Abraham and I said, I knew you were rich but I didn't know you were so rich that you could turn your nose on a half a million dollar contract-. Mr. Anthony Abraham said, "Let me check it, I'll call you back." He said, "Mr. Plummer, I'm not that rich and the reason we didn't bid is we never received an invitation." I said,"Mr. Abraham, you're on this list." He says, "I don't care what it says on that list, we never got it." I then called Fincher Oldsmobile and I said to Fincher, "Fincher, I didn't know you all were that rich because I buy cars from you and it is obviously included in what I pay." The man said, "Mr. Plummer, we never received the bid." Okay? He said, "We don't get many bids because it is for low priced cars but, Commissioner, we bid on everything but we never got the bid." But yet his name appeared as one of the people who were sent bids. Rev. Gibson: Okay, this is my position, this is what I'm driving at. I refuse to come here, waste my time on this kind of foolishness. Now I am too busy otherwise involved than to come here fooling around like this. You work for the City, you tell us whether or not you sent those bids out. Did you? Mr. Jennings: I didn't send them..... Rev. Gibson: Who sent them out? Come on up here and tell us. The buck stops here. Mr. Art Mullins: Mr. Commissioner, we mailed out 22 invitations to bid. Rev. Gibson: All right, let me ask you, did you call, did you call any- body to ask anybody, "Did you receive the invitations?" And if so, who were they? Mr. Mullins: Mr. Commissioner, I'll have to check with..... Rev. Gibson: All right, we'll delay this matter until you check. And let me tell you this, from now on as long as I'm on this Commission you make doggone sure if only one person comes with a bid, you call before you get this on the agenda and tell us we called and certified on telephone that 5, 6 people that received bids, and we're ready to do business. This is ridiculous in a day like this. Mr. Plummer: Father, may I suggest there is a viable alternative. Rev. Gibson: All right, let's get it because I don't plan to spend another day with this kind of foolishness. Mr. Plummer: That in the future that all bids that are sent out be sent certified, return receipt requested. Rev. Gibson: I'll buy that. Mr. Plummer: And then they will have a receipt. Rev. Gibson: You're doggone right. I'll buy that. Mr. Plummer: Fine, I'll make that in the form of a motion. Rev. Gibson: All right, I second the motion. Mayor Ferre: There is a motion and a second that in the future any time the City of Miami sends out for bids that it be done on a Certified Return 40 811981 U f r Requatt Requested basis. boes the aditiinisttation have any probieM with that? Mr. Plumdner: Also, Mr. Mayor, I would assume it was my assumption up until this item that we always in the past have received a sheet of paper telling us who the bidders were. We did not receive that item here. Always in the past we have had an evaulation of the firm that was being recommended. We do not have that here. I did not have the knowledge that this firm was doing it for the past 9 years. Are they a minority contractor? What other works do they do or they bonded? These are questions normally in the past we've always had in our backup material. This particular agenda and this Item does not have any of that. Mayor Ferre: We have a motion on the floor. Is there further discussion on the motion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION NO. 81-507 A MOTION OF THE CITY COMMISSION INSTRUCTING THE CITY MANAGER TO INFORM HIS STAFF THAT IT IS THE CITY COMMISSION'S WISH THAT ALL FUTURE INVITATIONS TO BID SENT OUT BY THE PURCHASING DEPARTMENT, BE SENT "CERTIFIED MAIL -RETURN RECEIPT REQUEST". Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: NOES: None. ABSENT: None. Ms. Hirai: Mr. Plummer: Ms. Hirai: Mr. Lacasa: Ms. Hirai: Rev. Gibson: Ms. Hirai: Mr. Carollo: Ms. Hirai: Commissioner Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre Call roll. Mr. Plummer? Yes. Mr. Lacasa? Yes. i r Rev. Gibson? s r 4 t' Yes. Mr. Carollo? Yes. Mayor Ferre? 24.1. INSTITUTE PROCEDURE TO BE USED IN CONNECTION WITH FUTURE D'1AILINGS OF INVITATIONS TO BID. Mayor Ferre: Yes. Now, Mr. Mullins, with regards to Item 19 you're going to come back with his information and then the Commission will vote on it. 41 JUN 8 11981 Mr, Mullins: Mr, p lutame r Mayor Ferre: Mr. Plummer: Mayor Ferre: Ay9s NOFS None Ms. Hirai: Mr. Plummer: Ms. Hirai: Mr. Lacasa: Ms. Hirai: Rev. Gibson: Ms. Hirai: t f 9 ¢t �� s 4 , Lr t - t� r 1 1 L � Yes site fz =$5 f is then defttrdO then Item �`� ' * it is. (£ S I trove that it be deferred, Mr. Mayor. Y S There s a motion, seconded. Call the roll. TiIFREUPON . the City Commission on motion duly made by Commissioner Plummer and r, seconded by Commissioner Gibson, UNANIMOUSLY y' # AGi2EED TO DEFER THE ABOVE ISSUE. £„ L f f Commissioner Joe Carollo t G , Commissioner Armando Lacasa w,s Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre � I r f � s > Roll call. Mr. Plummer? } Yes. 4 a a 3 Mr. Lacasa? " Yes. Rev. Gibson? { F , Yes. Mr. Carollo? Mr. Carollo: Ms. Hirai: Yes. Mayor Ferre? 25, ACCEPT BID: CAFFR LEAN SQUTAREINREEC,REATIONAL BUIINTENANCE LDING-REROOFING DEPARTMENT OF PARKS - Mayor Ferre: Take up Item 23. Mr, Plummer: Item 24, Mr. Mayor. Mayor Ferre: Beg your pardon, 24. plr; Mr Mayor, that before as read by legally by the City Attorney Item 4 states that all copies were made to then ublic,haveapricetageonnaItem24?a And nd tag. Does any of the other copies made available to the public? Mr. Gary: Mr. Plummer: Mr. Gary: xr, glummer; yar Ferre: Mr. Plummer, if you recall, we said because the meeting was... r understand that, sir, all I'm asking is put in the figure. $21,680. $21,688? It'S in your package, i.1+. 42 J U N 8 1981 Yes, it's in the package. Mr, Plummer., I'm sorry. I'm sorry. Let the look in hereb those figures made available to the public? It's all in the package. Are copies of Mayor Ferre: Yes. Mr. Plummer: Where? Mayor Ferre: The name of the company was Complete Building Maintenance. Their low bid was $21,680. The another one was Sanderon Corporation, which bid $22,300. Mr. Plummer: All right sir, fine. Mayor Ferre: Plummer moves. Item 24, Lacasa seconds. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-508 A RESOLUTION ACCEPTING THE BID OF COMPLETE BUILDING MAINTENANCE CO. IN THE PROPOSED AMOUNT OF $21,680, BASE BID OF THE PROPOSAL, FOR AFRICAN SQUARE RECREA- TION BUILDING - REROOFING; WITH MONIES THEREFOR ALL- OCATED FROM THE PARKS AND RECREATIONAL FACILITIES G.O. BOND FUND" IN THE AMOUNT OF $21,680 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $2,385 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $650 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORA- TORIES, AND POSTAGE; ALLOCATING FROM SAID FUND THE AMOUNT OF $905 TO COVER THE INDIRECT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. Upon being seconded by Commissioner Lacasa, the resolution was ,passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Armando Lacasa Commissioner J.L. Plummer, Vice -Mayor (Rev.) Theodore Mayor Maurice A. Ferre NOES: None. ABSENT: None. Ms. Hirai: Roll call. Mr. Laca: Mr. Lacasa: Yes. Ms. Hirai: Rev. Gibson? Rev. Gibson; Yes. Ms Hirai: Mr. Carollo? Mr. Carollo: Yes. Mrs. Hirai: Mr. Plummer? Mr. Plummer: Yes. Ms, Hirai; Mayor Ferre? JUN 81981 Mayor Ferre: Yes, 26. ACCEPT BID: TRI-COMM FENCE COMPANY, INC. ORANGE B04TL—SECURITY FENCE (DEPT. OF STADIU11dS AND MARINAS) Mayor Ferre: Take up 25. Mr. Plummer: Did you interject the cost of Item 25? Mr. Gary: Yes, it's in your backup sheet. Mr. Plummer: I see $50,671. Mr. Mayor, I do have a problem on Item 25. I have two problems. Number one, I want when properly so that the proper recognition be given, this, Mayor, gives the indication that the funding for this is the Orange Enterprise Funds. mr. Mayor, the truth of the matter is these funds that are coming from the TDC. That the TDC gave to the City of Miami and placed those monies in the Enterprise Fund from which it's being paid and I think only right that this Commission should know that the TDC did advocate those funds. The second thing, Mr. Mayor, and I really don't know whether I have got a problem with it or not, but I want to throw it out for discussion, because this Commission I remember was very vocal in the past, it does not indicate, Mr. Mayor, on the agenda that this security fencing is with barbed wire. I'm very concerned about putting barbed wire around the Orange Bowl on top of a n foot fence of the potential liability to this City of someone who gets caught in that barbed wire. I remember the comments of this Commission, the comments of this Commission when the post office across the street from the Police Department advocated barbed wire and I want to tell you that it came off and there was a lot of hell raised about it. If this was a lower fence, Mr. Mayor, maybe it might be necessary. Rev. Gibson: If this was what? Mr. Plummer: Lower fence, but this is a foot high. Mayor Ferre: J.L., have you ever seen... Rev. Gibson: J.L., let me tell you something, I hate to voice this senti- ment as a clergyman. I'm going to the point that I believe that you must obey the law and I'm not sure that I want to be so sympathic. Now, you all, people are getting to the place that they don't give a happy hoot. I take the position, ...you see that barbed wire up there, .the barbed wire says don't you bring your so and so over here. Now, you know, we're going to have to start getting hard-nosed somewhere, otherwise, I don't want to talk about what I saw recently. Either we're going to say to this community we're going to live by law. You don't live by law, I'll tell you what do you, you go where they don't have no law. Mayor Ferre: Further discussion"? Is there a motion? Rev. Gibson: You let can let the people write that Gibson feels that way. I just feel... Mr. Plummer: Do I have any guarantees at a later date that no member of this Commission will suggest that it be electrified? Rev. Gibson: Listen, J.L., I have come to the point in my life that I be- lieve that we must put everybody on notice say, 'look, man, Gibson wants to live. You don't want to live. I can't stop ycu. Mayor Ferre: Is there a second to the motion? Rev. Gibson: I made the motion, 44 JUN 81981 �r.5 It 5 F . } , T �. S , '` r i Y �i 1 Mayor retie: All tightr it's been made by Gibson, second by W6118. Pura ther discussion on 25. Call the roll. The following resolution was introduced by Commissioner Gibson, who movad its adoption: RESOLUTION NO. 81-509 A RESOLUTION ACCEPTINB THE BID OF TRI-COUNTY FENCE CO., INC. IN THE AMOUNT OF $150,671, BASE BID "A" PLUS ADDITLVE ITEMS "A" AND "B" OF THE PROPOSAL, FOR ORANGE BOWL - SECURITY FENCING; WITH MONIES THEREFOR ALLOCATED FROM THE "ORANGE BOWL ENTERPRISE FUND" IN THE AMOUNT OF $150,671 TO COVER THE CON- TRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $16,574 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $1,560 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE; ALLOCATING FROM SAID FUND THE AMOUNT OF $6,195 TO COVER THE INDIRECT COSTS; 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 Carollo, the resolution was passed and adopted by the following vote: AYES: Mr. Carollo, Mr. Lacasa, Rev. Gibson and Mayor Ferre. NOES: Mr. Plummer. ABSENT: None. Ms. Hirai: Rev. Gibson: Roll call. Yes. Ms. Hirai: Mr. Carollo? Mr. Carollo: Yes. Rev. Gibson? Ms. Hirai: Mr. Plummer? ON ROLL CALL: Mr. Plummer: My position is to law and order, I think, is very clear and I think that a 8 foot fence is adequate and I don't want to turn the Orange Bowl into the effect of the visibility of a concentration camp. I've got to vote no. I'm all in favor of the fence, but to give the appearance of a concentration camp, I'm sorry I can't vote with the motion. Ms. Hirai: Mr. Lacasa: Mr. Lacasa? Yes. Ms. Hirai: Mayor Ferre? Mayor Ferre: I frankly don't think it makes a bit of difference, 'cause I guarantee you that if somebody wants to climb over that fence with or with- out barbed wire, a 13 or 14 or 15 year old kid from the neighborhood or otherwise, will get right over that fence in 30 seconds flat and I don't think it makes a bit of difference one way or the other and I vote with it, 45 JUN 81981 Mayor Ferre: All right, let's take up Item #26, which is a public hearing. Now is there anybody here that wishes to speak on resolution 81-336 that authorizes the City Clerk to advertise for sealed bids on the construction of the city wide West 57th Avenue sanitary sewer improvement. Is there anybody here who wishes to discuss this district, SR-5469-C, central line sewer. Mr. Plummer: Let the record reflect no one comes forward, under those cir- cumstances I move the motion or the resolution. Rev. Gibson: Second. Mayor Ferre: Plummer moves, Gibson seconds. Further discussion? Call roll! on Item 26. The following resolution was introduced by Commissioner Plummer, who moved its adoption. RESOLUTION NO. 81-510 A RESOLUTION CONFIRMING ORDERING RESOLUTION NO, 81-336 AND OR SEALED BIDS FOR AUTHORIZING THE CITY CLERK TO ADVERTISE F THE CONSTRUCTION OF CITY WIFE - WEST 57 AVENUE - SANITARY SEWER IMPROVEMENT IN CITY WIFE - WEST 57 AVENUE - SANITARY SEWER IMPROVEMENT DISTRICT SR-5469-C (CENTERLINE SEWER). Upon being seconded by Commissioner Gibson, the resoution was passed adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. i Vice-Mayore Theodore R. Gibson Mayor Maurice A. Ferro, f NOES; None. n4 o- t P �� " rF °�� C,e J3fi t��, t '� v r S� Ell ABSENT: None Roll call. Mr. Plummer? Ms. Hirai: J Mr. Plummer; Yes. c Ms. Hirai: Mr. Lacasa? Mr. Lacasa: Yes. t w Ms. Hirai: Rev. Gibson: Ms. Hirai; Mr, Carollo: Ms, Hirai: Mayor Ferre; 46 JU N 8 1981 28. CONFIRM ORDERING RESOLUTION: AUTHORIZE CLERK TO ADVERTISE FOR SEALED BIDS: CONSTRUCTION OF CITY WIDE WEST 57 AVENUE (SANITARY SEWER IMPROVEMENT DISTRICT SR-5469-S). Mayor Ferre: Is anybody here on Item 27? Which is 81-337. This does the same thing, these are sealed bids for a West 57th Avenue sewer. Plummer moves, Gibson seconds. Further discussion? Mr. Plummer: Let the record reflect that no one has come forward to speak. Mayor Ferre: Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-511 A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 81-337 AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR THE CONSTRUCTION OF CITY WIDE - WEST 57 AVENUE - SANITARY SEWER IMPROVEMENT IN CITY WIDE - WEST 57 AVENUE - SANITARY SEWER IMPROVEMENT DISTRICT SR-5469-S (sideline sewer). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: None Ms. Hirai: Roll call. Rev. Gibson? Rev. Gibson: Yes. tt Rsi*' Ms. Hirai: Mr. Carollo? MR Mr. Carollo: Yes. t r Ms. Hirai: Mr. Plummer? Mr. Plummer: Yes. Ms. Hirai: Mr. Lacasa? Mr. Lacasa: Yes Ms. Hirai: Mayor Ferre? Y s e i r: t� i ri t xl td troy r�'�c� H L f �' ' 5 a 47 JUN 81981 Vj I I 29. APPROVE REPORT PRESENTED RE: "FLIZABETii VIRRICK GY1tNASIU1t"- SUBJECT TO APPROVAL BY CITY MANAGER. Mayor Ferre: Now, is Mrs. Virrick. Mrs. Elizabeth Virrick: Mr. Mayor, Commissioners. I think you see quite a number of our Board members here on behalf of the matter that we came before you about and I would like to ask Mr. Alan Rosenthal, our Council, to make the opening remarks. Mr. Alan Rosenthal: Thank you. For the record, Alan Rosenthal, attorney, with offices at 2699 South Bayshore Drive. Mayor, members of the Commission, I be- lieve you have in front of you a copy of an agreement that has been negotiated pursuant to your resolution of several weeks ago. This agreement... Mr. Gary: Mr. Mayor, you do not have a copy of that agreement. That agree- ment was provided to me this morning. Mr. Rosenthal: I spoke to Mr. Black about a half hour ago and he indicated that it would be made available. Mr. Gary: Who is Mr. Black? Mr. Rosenthal: From Mr. Knox's office. .,`.. Mr. Gary: It should have come to the administration. Mr. Rosenthal: Well, Mr. Reed told me the same thing on Friday. Mayor Ferre: Elizabeth, let me tell you what the problem is. You've had two meetings with the administration. One of which you were at and the other one which you were not at. As I understand it, most of the things have been con- cluded. The problem is you insisted, where's Nestor Toledo? In my office, put this on the agenda at your request. The problem is that the left hand isn't talking to the right hand. It has to come to the administration. We're not technically ready to vote on this, if the contract is not before us. Mr. Plummer: Mr. Mayor, technically, excuse me, Alan, you cannot vote on it. It's under personal appearance and it has to be scheduled under a regular agenda item. Mr. Rosenthal: I understand that the concern was this, Mr. Plummer, that the next Commission Meeting would be like something two and half weeks hence, the program is not in the kind of condition that it needs to be in at the time that Coconut Grove Cares takes over. We've been in negotiation with the Manager's office and the City Attorney's office for about three weeks now and we have a final agreement that is ready to be presented. If it cannot be done at this point, what we need to do is get some expression from the Commission as to how we get finalized and Mrs. Virrick can go about... Mayor Ferre: You know what the answer to that is. The standard procedure is here, you've got to have the Manager and the City Attorney put it on the agenda, has a regular scheduled item, get the contract before us so we can vote on it. We're all set to vote. I think, as I understand it, five votes here, the question, you know, needs to be formalized. Mr. Rosenthal: I understand, we were... Mr. Plummer: Predicated on what we read, now, sure we're all in favor of go- ing to what Elizabeth wants, but, you know, Elizabeth gets on her high horse sometimes and wants half the treasury. We give her only a quarter, but, you know.... Mr. Rosenthal: We feel pretty confident that this will be satisfactory. Mr. Mayor, Mr. Reed as well as Mr. Black in these discussions and Mr. Coplan in the City Attorney's office, had indicated to us that we could get some expression from the Commission today that would authorize Mr. Gary to conclude this as soon as possible. 48 JUN 8 1981 V. t i 5t Mayor Petree Mr. Gary was alteady authorized and instructed to conclude. Mr. Gary, Mr. Mayor, at a couple of City Commission Meetings ago or maybe even longer, I think it was my second Commission Meeting, this City Commission instructed me to sit down with Mrs. Virrick to negotiate an agreement. We sat down with Mrs. Virrick, Mrs. Virrick had an agreement and ve had an agree- ment. We asked Mrs. Virrick to take our agreement, we would take her agreement because we weren't that far apart and we would come back and resolve the re- maining issues. A meeting was scheduled, a further meeting was scheduled with Mrs. Virrick, Mrs. Virrick failed to show. This should not be coming to this City Commission without the review of this administration so that we can make sure that you have a viable program and the City's interest is protected. Now,_ they're not following the proper procedures as outlined by this City Commission. Mr. Rosenthal: To set the record straight, Mr. Mayor, both Mrs. Virrick and myself, attended such meeting and we were advised by Mr. Knox that was really not necessary. I have the original agreement with Mr. Knox's initials on it that has been negotiated with the City Attorney's office and the Manager's office and were in full agreement on the issues contained therein. Mr. Gary: That's not true, Mr. Mayor, I have not seen that agreement, except this morning. I, personally, established meeting dates with Mrs. Virrick, the negotiation was not between Mrs. Virrick and Mr. Knox as instructed by the City Commission, it was with the City Commission and the City Manager. I took my personal time and met with her the first time. I agreed to meet with her the second time and I can't understand this, because we are not that far apart. Mr. Plummer: Well, what's not also being said is, that there is..Mr. Gary, there is a standing rule of this Commission that no matters are to be scheduled for personal appearance without the matter being divulged to the City Manager's office who could be prepared to speak to this. Now, I am finding it very difficult to find letters of one paragraph to be presented before this Commis- sion without people saying what it is and giving you the right, because you know that 99% of the time what's happened. They come here and they say, "We want this. We want this", and the Commission turns it to you. This was a mo- tion made by this Commission that you should halve,tha stcof,el ier�v��.�be Pr - shall divulge to you what the matter is for an then you pared. Mayor Ferre: All right. Elizabeth, look, Plummer is right and I think... Plummer is right, go ahead. Mrs. Virrick: Wait just a minute. Let me straighten this out. I don't know what meeting Mr. City Manager is talking about, Mr. Gary, because I was never called to a meeting when I didn't show. So I don't what meeting he's talking about. I have done what I was told to do. I was told to take my version of the contract to Mr. Gary which I did. Then the City presented one at that meeting, so I said I can't make up my mind on this without taking it back and studying it, which I did and we had Mr. Rosenthal come in on it and the City Attorney come in on it, we had several meetings and the outcome was an agree- ment between the two contracts, which is here and I was told to come here and I didn't want to...J.L. says I get on my high horse, I don't think he has any reason to say I get on high horse. I do what I'm told. I was told to come here. OL Mr. Plummer: Maybe it's just with me, Elizabeth. Mrs, Virrick: What? Mr. Plummer: Maybe it just me, sweetheart. That's not detrimental, by the way. Rev. Gibson: Mr. Mayor, isn't it reasonable that they're not different. They are not that far apart. Can't you send these parties back to the Manager. Re- member what was just said that the contract is not negotiated with the City Attorney. The contract is negotiated with the Manager and the City Attorney 49 JUN 81981 4 � E 111u t Rev, Gibson: (continued) only decides and talks about the legality of what's in the contract. We should not have that much discussion. Can't we just ask them to do that and save some time? Mayor Ferre: Father Gibson moves that Item be finalized and brought before the City Commission on the 25th with the final contract. Mr. Plummer: second. Mrs. Virrick: Now every day that this is delayed we're losing fans, we are losing boxers. The program is in such state that we're going to take ever to pull it back up to where it was, so please don't delay it any longer than you -can help. Mayor Ferre: Howard, would you feel badly if the motion were read that we approved this as submitted subject to your final approval. Mr. Gary: I have no problem with that at all. Mayor Ferre: All right, would you amend your motion to say that? Rev. Gibson: I have no problems. Mayor Ferre: That was Plummer's recommendation, I was reluctant to do that because I didn't want that the Manager, especially we've got a new Manager and it's embarrassing... Mr. Plummer: I second the motion by Gibson made by Ferre. Mayor Ferre: No, made by you. Let the record reflect this is your idea. I have no problems with it, I just don't want to impose on a new Manager, but if he has no feelings, no problems with that, that's okay with me. Mr. Plummer: Mr. Mayor, on Item 5 he's imposing upon on us. Mr. Rosenthal: The only problem with that, Mr. Mayor, is the determination of funding, but otherwise we would have no problem with it. Mayor Ferre: Further discussion. The new motion, substitute motion that Gibson that made, says that we approve the contract as submitted subject to final approval and modifications of the City Manager. It's approved today, effective right now, if it passes. Mrs. Virrick: No, she's going to want to start drawing checks, Mr. Mayor. Mr. Plummer: No it's subject to whenever she and the Manager sit down and iron out the differences. Mr. Gary: Mr. Mayor, I would give the City Commission my word that we will not delay this process. It's very important to us, too. Mayor Ferre: Further discussion? Call the roll. The following motion was introduced by Commissioner Gibson, who moved its adoption. MOTION NO. 81-512 A MOTION OF THE CITY COMMISSION APPROVING IN PRINCIPLE A REPORT RENDERED AND PRESENTED TO THE COMMISSION ON THIS SAME DATE IN CONNECTION WITH THE "ELIZABETH VIRRICK GYMNASIUM" SUBJECT TO FINAL APPROVAL OF SAID REPORT BY THE CITY MANAGER A14D REQUESTING THAT SUCH BE FORMALIZED AT THE MEETING NOW SCHEDULED FOR JULY 9, 1981, FOLLOWING COMMISSION APPROVAL OF SAME. Upon being seconded by Commissioner Plummer, the motion was passed and &dgpted by the following vote: JuN 81981 C it AY s: Coff ►issioner Joe Carollo Nor's ABSENT: Ms. Hirai: Roll call. Mr. LedsSA? Mr. Lacasa: Yes. Ms. Hirai: Rev. Gibson? Rev. Gibson: Yes. Ms. Hirai: Mr. Carollo? P,x Mr. Carollo: Yes. Ms. Hirai: Mr. Plummer? Mr. Plummer: Yes. Ms. Hirai: Mayor Ferre? Mayor Ferre: Yes. 30. BRIEF DISCUSSION: COMMISSIONER J.L. PLUMMER, JR. COMMENTS TO MRS. VIRRICK NEWSPAPER ARTICLE WHICH APPEARED IN "NEIGHBORS". Mayor Ferre: All right, Mrs. Virrick, is there anything else you wish to dis- cuss? Mrs. Virrick: No, I just want you to ntoice that a good many of my Board mem- bers have come today. I don't know whether I can get them back again. Rev. Gibson: They won't have to come back. Mr. Plummer: Mrs. Virrick, before you sit down. Mrs. Virrick..Elizabeth, dear, I've read a very disturbing article in Neighbors... Mayor Ferre: Wait a minute, J. L., excuse me, wait a minute. Explain to her because she's completely confused that we voted on this and she doesn't have to come back. Mr. Plummer: Oh, that issue is finished. You don't have to come back. That issue is done, in reference to the contract. Mayor Ferre: Elizabeth, we have ratified...Mrs. Virrick, we have ratified the contract. You don't have to come back here. Mr. Plummer: I'm now wanting to speak to a separate issue, Elizabeth. Mrs. Virrick: Don't bring up another issue today, this all I can take in one day. Mr. Plummer: Then I won't bring it up, except that I want you to pursue it. I want to make sure. Mrs. Virrick, I read a very distrubing article in Neigh- bors. I hope that what I read, first of all, was not true, but I am not naive 51 JUN 8 1981 i P r � �" t. ( iy s 't Mr. plus mer: (continued) to believe that it could be and maybe is. 1 would hope that this administration would be as concerned about that article as 1 am and that this administration would immediately get a report together in- dicating to this Corm.ission the areas in which it is true and what they are damn well going to do in a hurry to straighten it. out. I'm sorry that was not brought to the attention of this Comnnissio n first, that I read about it in a paper and then I got the opportunity to do something. 1 would hoped that I would have the opportunity to dc.+ someth-ing about it and then read in the paper that this Commission took the necessary action. I will leave it at that. I think that both the administration and Coconut Grove Cares understands what I am talking shout. There is non 'motion to be made, Mr. Mayor, bvt I'm going to be damn; upset on the 25th prior to that meeting if I don't have a paper- in my hand from the administration. Mayor Ferre: Mr. Gary, or whoever is taking notes down for the follow-up by the Manager, would you report: as to how you solve the problem by June 25th, please? Mr. Gary: Yes, Mr. Mayor. Mrs. Virrick: J. L., I:'m delighted to hear your remarks. Thank you. Mr. Plummer- Well, unfortunatel , my remarks :,ad to be made. 31. APFRC V1: FE QUEST OF JULY PARADE" ; AND APPROVE CLOSURE OF REQUIRED STPI?E-T :i-EJECT TO CITY ;,:AN -_:ER VERIFYING AG.ZEF.MENT FROM BUSiwil'1 F.Iis!Nr•.Ss GROUP ALONG S.Y.. 871 ST Mayor Ferre: All r:n;lt, we're new ul: 7.i:c : 29. Mr.. Ferriar,do Amiandi <:r the New World Bicultural Generation, Inc. 1.r. Amamdi? Mr. Fernando., Amai.d� : My name is Fernando A'nandi . I reside at 3.0301 SW 111 Street and with a group called the New World Bicultural Generation, whom I preside. I'll make it very short and to the point and I won't take much of the Com^u.ssioners a::d :.he Mayor's ti.mL. We're here simply to request per- mission from the Commission to hold a Fourth of July Parade on SW 8th Street between 27th and 22nd Avenue on Saturday between the hours of 1 and 4 PM. Mr. Plummer: Sir, let me ask a question. This is the first time that I can recall that it is stated to me that you're not asking for money. Mr. Amandi: That is correct. tir. Plummer: I don't know why it has to come before this Commission for appro- val. This is routine with the Police Department. Mr. Gary? Mr. Gary. Yes sir. Mr. Plumper: Is there a reason why this item is before us rather than what I know is routine? Mr. Ex -Manager? Mayor Ferre: Don't worry, Howard, I won't hold that against you. Mr. Gary: I can't understand why either, Sir. Mr. Plummeer: Well, excuse me, the obvious question is, have you been denied by the Police Department? Mr. Gary: No, no, he has to have permission from the City Commission .o close the street. That's what he's doing, Mayor Ferre; He does. Mr. Plummer moves, Rev, Gibson: Second, 52 Ea A l�. r a � J } A 1 1 y ` i S h't1 t f X Mayor Ferret Pathet Gibson seconds. ;' s 4 (S Mr, Plummer: What is the time frame? How many hours? r Mr. Amandi: Between 1 and 4 P.M. on Satutday, Mr. Plummer: Three hours. Rev. Gibson: on Saturday? Mr. Amandi: Yes. Mr. Plummer: Fernando, let me ask you this question about we get bombarded latef. Have you discussed this with the merchants and the satin Chamber of Commerce and all of those people over there who are vitally concerned when you close the street? Mr. Amandi: Yes we have. Mr. Plummer: And there is no one who is objecting? Mr. Amandi: Not to my knowledge, no sir. Mr. Plummer: Okay, you've talked with the merchants and the Latin Chamber and all people who are going to be affected by the closing. Mayor Ferre: J. L., we'll do this way. The motion is that we approve subject to the Manager coming back on here on June 25th after having contacted through - staff the Little Havana Chamber of .... Willy Gort operation there, Little Havana Development Authority and any other civic organization that you might deem appropriate that might be upset about the closing of 8th Street between 1 and 4 on July 4th, for this July 4th Parade. Mr. Amandi: On the contrary they would be very.... Mr. Plummer: I move subject to the Mayor's stipulations. Mayor Ferre: Further discussion? Call the roll. The following motion was introduced by Commissioner P1 its adoption. MOTION NO. 81-513 er, whop moved A MOTION OF THE CITY COMMISSION APPROVING IN PRINCIPLE REQUEST MADE BY MR. FERNANDO AMANDI FOR CLOSURE OF SOUTH WEST 8TH STREET FOR THE "FOURTH OF JULY PARADE", SUBJECT TO THE CITY MANAGER COMING BACK TO THE CITY COMMISSION AT ITS MEETING OF JUNE 25, 1981 WITH ASSURANCES THAT HE (THE CITY MANAGER) HAS CONTACTED THE LATIN CHAMBER OF COM- MERCE, THE DOWNTOWN MERCHANTS' ASSOCIATION, AS WELL AS ANY- ONE ELSE HE MIGHT DEEM APPROPRIATE, AND THAT SAID GROUPS DO NOT OBJECT TO CLOSURE OF S.W. 8TH STREET ON THE ABOVE - SPECIFIED DATE; SAID PARADE TO TAKE PLACE BETWEEN THE HOURS OF 1:00 P.M. TO 4:00 P.M. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: None. 53 JUN 81981 Ms. Hirai! Mr. plufmner: Ms. Hirai: Mr. Lacasa: Ms. Hirai: Rev. Gibson: Ms. Hirai: Mr. Carollo: Ms. Hirai: Mayor Ferre: tkoll call. Yes. Mr. Lacasa? Yes. Rev. Gibson? Yes. Mr. Carollo? Yes. Mayor Ferre? Yes. ON ROLL CALL: _ Rev. Gibson: And Mr. Manager, if they object we want tyto know know* anybody Ho ccome and why. Just don't come back here and they do that. Mr. Gary: I'll also have a check with the Police Department in terms of security requirements. Mayor Ferre: All right, thank you, sir. 32. CONTINUED DISCUSSION RE CITY =,.AGER'S COMPENSATION AGREEMENT. ApPRO%rE SAID AGREEMENT, AS Fv1XNDED, ETC. Mayor Ferre: Mr. Carollo, we're back to Item 5, which we held up because you wanted to see the ad, there's the ad. Got any problem with that? Mr. Carollo: Mr. Mayor, I would just hope that this is placed in the record, there's no mention in this ad anywhere of a contract or an agreement. Mr. Plummer: Is the press getting upset back there for some reason? Mr. Carollo: In fact, it says this: A salary open, currently $62,939. I think that if anyone was not in agreement since that is the word that is being used now, with that salary the time to have spoken up should have been before they were appointed to be City Manager, not weeks later. Again, I reiterate my position, I feel that this is a contract, no matter if we call it an agree- ment or what have you and a contract is illegal according to our City Charter. Furthermore, at at time where we're going to be laying off about 1,000 CETA employees, our City Manager, himself, tells us that besides these 1,000 CETA employees we might have to lay off as many as 500 or more Civil Service em- ployees. To go into a type of contract, such as the one we have before Again, can only shake my head and wonder, "My God, what are we're doing?" thought I was voting for a City Manager, not a king and this contract is, in- deed, fit for a king. Mr. Plummer: Are we ready for a motion? Prior to the motion, Mr. Mayor, I wish to ask, for the record, two questions. Mr. Knox, it's been said before, but so that the record is very clear, is this before us today, legal? Mr. Knox: Yes sir and I will reiterate for the record, this is not a con- tract for employment, which is prohibited by the City Charter. 54 I Mr. Plummer: The second question. Mr. Gary, that salary which is proposed of $70, 029 is that at exactly to the penny what Mr. Grassie was receiving was receiving when he left? Mr. Gary: Yes sir. Mayor Ferre: No, no, no, is not. Mr. Plummer: It's not. Excuse me, is that the salary Mr. Foesman was receiv- ing? Mr. Gary: No sir. Mayor Ferre: No, it is not. Mr. Plummer: What is the difference? Mr. Gary: That's the salary that Mr. Grassie would have been making effec- tive October 1st, 1980. Mr. Plummer: 1980? Mr. Gary: Yes. Mayor Ferre: J. L., perhaps you can ... yes, it does. Now, since I was the one who proposed and you know I voted ... Armando —since I was one of the persons that proposed and voted for the salary, the way I worded was, that it be ex- actly the same salary as Joe Grassie would be getting should he, would he have been City Manager. Now, what this is doing is not that. This does not follow that, this does not follow that, because what I proposed was that he get the same salary, what this does is make it $70,000 retroactive to April and that was not what the agreement was. That's not what I voted for and the Clerk will, can document that, that the words and the motion, because I was the one that made that particular motion, as I recall, on the question of the salary and you made it, J. L., I made the statement, you made the motion, but the wording of the motion that I voted on was that it be exactly the same salary as if Joe Grassie had remained. Mr. Plummer: Well, then it is no different. Mayor Ferre: What? Mr. Plummer: It is no different had he remained. Mayor Ferre: No, it is different, because had he remained he would not be making $70,000 from April to October. Mr. Plummer: Yes, he would. And that's exactly what I'm saying. Mr. Gary: I said October 1980, not 1981. Mayor Ferre: I stand corrected, Howard. I've got no problem. Mr. Plummer: Yes, that's the point I'm trying to make. Mayor Ferre: I've got no problems. Okay. Rev. Gibson: I was going to say something that I had said to you to private, you know. Mayor Ferre: Father, I got no problems as long ... Mr. Plummer: That sounds like I want to force the issue. Mayor Ferre: As long as it is the same salary the Manager would have received, which is different from what we've done in the past and I've got no problems with that. 55 JUN 8 1981 Rev, dibson: Let me say tell for public consumption, what disturbed me is we are getting over this salary and you will have an agency that you are re- sponsible for. Now, whether you directly or indirectly, they have to bring their budget to you. The man that you hired to take care of Downtown Parking Authority, you remember we talked about that, will be getting $69,000 plus, Man, in the in the kind of business I'm in, which is the father of this kind of agency, what is the man over there.... Mayor Ferre: Father, he's making $55,000. Rev. Gibson: The newspaper reported that the man..,Mr. Wilson knows who's hired.... Mr: Wilson: Roger Carlton. Rev. Gibson: Right. Mayor Ferre: Well, for the record, Roger Coulton is making $55,000. Rev. Gibson: Listen, I can only say that the newspaper told us differently. Mr. Plummer: Father, let me straighten both of you out. You're both right, but you're both wrong. The Mayor is right. Mr. Carlton is starting at $56,000. Mr. LaBaw, who retired, was making $62,000, but that is not the im- portant thing that I tried to bring out to both of you before. Ar. Carlton and Mr. LaBaw are in charge of a budget of approximately a million and half dollars, maybe two. The City Manager of Miami is responsible for a hundred and twenty million, there's a lot of more responsibility. Mayor Ferre: I was hoping that we would not get into this argument all over again, but now that you've made that statement, then, I've got to repeat the statement under that criteria, Sir. Then, a United States Senator, the Presi- dent of the United States and the Manager of Metropolitan Dade County, who have a ...let's just take him, has a budget ten times larger than the City of Miami, should, therefore, under that theory be making a several hundred thou- sands dollars salary. You know, so I don't...I can't buy that argument as a philosophical argument per se. Now, I've got no problems on this. My only criteria was that the Manager make the same salary as Joe Grassie. As long as that is the case, I have no problems in voting for that portion of the motion. Rev. Gibson: Let's vote, then. Mr. Lacasa: Gentlemen, I move Item #5. Rev. Gibson: I second. Mayor Ferre: Under discussion. I'm sorry, Father, but I've got to ask this question because, I know that everybody wants to vote on this, but I need some verification. On termination and serverance pay, Mr. City Attorney, Mr. Knox, did you draft this legal contract? Mr. Knox: No, sir. Mayor Ferre: Who did draft it? Mayor Ferre: Section 3,this is page 2, sub -paragraph b. I'll zea►d it; "in the event that the City at any time during the employment tem reduce& the 56 JUIN 8 1981 r - 5.. Mey'of Pertee (continued) salary or other financial benefits of Howard Garb in a greater percentage than an applicable across the board reduction for all City ef►ployees or in the event the City refuses following written notice", this is the part I'm questioning: "to comply with any other provisions benefiting him or he resigns, following a suggestion, for the formal or informal", I don't know what a informal suggestion is, "by the City Commission, that he resign, then in that event, Howard Gary, may at his option, be deemed to be terminated at the date of such reduction or such refusal to comply within the meaning and context of herein serverance pay provision". Now, to me that paragraph is just totally unacceptable and I just can't believe that such, the first time I've ever seen this, I just cannot believe that —have other members of the Com- mission read this contract that we're asked to vote upon? Mr. Knox: Well, I can tell you what I think that it means, again, I didn't participate in the draft and again, this is one of the model provisions, but it appears to mean that if the City Manager were to be advised that he was about terminated and in order to protect his reputation he were advised further that in lieu of termination he should resign, then this provision suggests that he could then treat his termination as being an official termination by the City Commission, even though they did not take official action for whatever reason they chose to. Mr. Plummer: Well, that's contrary to the Charter. That cannot be invoked. That can't be invoked. Mayor Ferre: But listen, follow me on this. Now, listen to this: "following a suggestion", now, please tell me what a suggestion is? "Whether formal or informal", please tell me what an informal suggestion is? "by the City Com- mission that he resign that in that event, Gary, at his option, at his option," he decides whether he's terminated. In other words, if you, Plummer or any member of this Commission, as I understand this, in his opinion informally suggest that something is wrong, then, he can say, in my opinion, "I have been formally terminated", because it is an informal suggestion that he be termina- ted and says, "All right, Gentlemen, you now owe me a quarter of a million dollars". Or two hundred thousand or whatever it is that in 18 months plus 3, in other words, if tomorrow Mr. Gary would decide, because some member of, or he felt that the majority of the Commission had implied something to him, he decides if he's been terminated and he therefore at that point opts to resign in his option and then submits a bill for 18 months plus 3, which is 21 months of pay. Mr. Plummer.: Well, of course, Mr. Mayor, we're also covered under section 12, article c: "If any provision or there part of contained in this agreement is unconstitutional invalid or enforceable", there's no question, Mr. Mayor, as to the Charter. The Charter is very clear. A suggestion of this Commission is not the procedure that you will follow. There's only one procedure, to my knowledge, that can be followed and that procedure is that a member of this Commission bring him up on charges of malfeasance or misfeasance and at such time, then the Charter is the prevailing situation. Mayor Ferre: That's all I needed and that's all I had to say. Mr. Plummer: I have, Mr. Mayor, two points which I wish to clarify. I think I realize the intent, but I want it clarified for the record at this time, since many times in the past it was said that what was the intent of the Mayor. sir. Mayor, in section 8 in relating to club membership, I have a problem, that says the City shall pay all the expenses. You can tell me what you want, Mr. Gary and I appreciate it, but I'm going to tell you what I'm voting for. What I'm voting for is any expenses related to City activity and I want that clear. You shall do as I do in the private sector when I take people out for my business and I entertain them. You shall keep a full report of who you took and what the purpose was for and I am not going to give you or anybody else carte blanche to go out and order hundred dollar champagne when you should be ordering a beer. Mr. Gary: I have no problem with that. Mr, Plummer: Well, I do. JUN 81981 Mr. 'ftry, t have no problem with your suggestion, Mr, Plummer: The second item, Mr. Mayor, that I want clear for the record, is section 10, item a: "We are going to provide for Mr. Gary life insurance, acci- dent, sickness, disability income and major/medical and dependent coverage", we're not providing that same for his dependents. They will be the beneficiaries of anything from him, but I'm not providing for his wife and children dis- ability insurance, the way this reads, it would be construed that we're pro- viding that same coverage for them as well as you. I want it clear for the record. Mr. Carollo: It certainly is construed that way, as I understood it. Now, the other area I'd like to go into right below that, item b: "The City agrees to purchase and pay the required premiums on whole life insurance policies equal in amount to two times the annual gross salary of Howard B. Gary". Now, how much does that come to a year that the City is going to have to pay? Mr. Gary: I don't know, but that is similar to the direction that City Commission gave me with regards to the City Commission, at the last City Co- mmission meeting. Mr. Carollo: Well, that's what Commissioner Plummer requested for us. I, personally, don't care and I believe that I'm going to live a long and fruitful life regardless whether some people like it or not, but I certainly believe so. But, the bottom is, Gibson says he's going to ask the man, he's going to give me a big yes there, but the bottom line is that I'm not expert in life insurance policy, but I think that's going to run into quite a few thousand dollars and this is what I mean, 3 or 4 thousand here, 5 thousand, this contract alone, you're probably talking another $25,000 or more that he's getting out of this contract and the bottom line is this, J. L., yes, one of the objections was that, "Well, we have an Assistant City Manager made close to $67,000", I think Vince Grimm makes some $62,000 or so, but Vince Grimm has been employed by the City of Miami by 31 years. Howard Gary has been employed by the City of Miami about 4 1/2 years. That's a big difference. Now, Howard, how much were you earning as an Assistant City Manager before? Mr. Gary: I have two comments to that. First is, $60,000. Mr. Carollo: Make all the comments you like, Howard, when I'm done. You were making $60,000. From $60,000 to around $67,000 which is what your pre- vious predecessor was making, that alone was a $7,000 raise. The job of one CETA employee. On top of that, you're getting now $70,000, you originally asked for $75,000, it was brought down to $70,000. I think it's extremely generous, but when we start getting all these clauses here for all these additional monies, that former City Managers were not making, that appalls me, especially at at time like this when we're laying off at least 1,000 or maybe as many as 1,500 employees from the City of Miami. Now, Howard, let me ask you other thing. Did you when you were first hired or should I say, promoted to Assistant City Manager, did you feel that your morale was low or that you didn't have peace of mind with respect to your employment? Mr. Gary: It varied. Mr. Carollo: Excuse me? Mr. Gary: It varied. Mr. Carollo: It varied. Well, then, if we're to give you a contract for the time that has been specified to keep your morale and your peace of mind up then we should go and give that same contract to all your Assistant City Managers and just go down the line with department heads and everyone else and just make this a true kingdom. I mean the only people that are here for a certain term and we don't have no contract either, are the members of the Commission that are elected by the public. And at anytime we mess up we can be taken out of office as provided for in the Charter. Go ahead, Howard. Mr. Gary: I think that those same provisions exist in this contract in terms of the City Commission evaluating me. 58 J U N 81981 AtA 7 Mr. Plummer: well, according if we look at what happened in the County that's the best way in the world for you to get a raise. Mayor Ferre: Which brings me up to the point of the evaluation, Howard, one of the things, you know when I voted for that $70,000 salary, was that you insert into this contract and evaluation, which is similar to the one proposed by The International City Managers Association and is utilized by Broward County, now that's not in here. Mr. Gary: Mr. Mayor, that is a separate issue that the City Commission has to deal with and has nothing to do with my employment agreement as proposed. Mayor Ferre: Okay, I accept that. I'll make a motion to that effect. Mr.' Carollo: The other question that I have, Howard, on the use of the auto- mobile, let's see if I can find it here, it says that "you will have the un- restricted use of a City paid automobile". Now, I don't have no problems with that unrestricted use as long as it's used for City business, if it's not going to be used for City business, I don't think that would be fair. Mr. Gary: Mr. Commissioner, I think that one of the statements that was made and voted on by the City Commission, is that when yqu appointed m o gave me the same emoluments as that you gave the prior City r,euager aas also informed you at that time that I would come back with a negotiated salary. This car provision is no different than the previous two City Managers. Mayor Ferre: Four City Managers. Mr. Gary: Four. Mr. Carollo: Then you're saying as far as part of the vehicle, it's not different than from former City Managers. Mr. Gary: Yes sir. Mr. Carollo: .Okay, well I'm sorry that I was not informed if that was the case for former City Managers, because I feel very strongly that if we're screaming and yelling about saving employees then we really should be serious not to save them. On section 5, "Dues and Subscriptions", in section 6, "Professional Development", is there a limit to these two sections and what subscriptions you will apply for? I'm talking in limiting dollars not necessarily subscrip- tions. Mr. Gary: I think the past subscriptions that the City Manager has and most City Managers have are involvements of participation in professional organiza- tions such as ICMA, ASPA, National League of Cities. Now, the benefit of the Manager participating in these organizations is not strictly accrued to the City Manager, but also accrued to the City as a result of further knowledge in the field of municipal government and operation of that municipal government, so I feel that those dollars are well spent. Mayor Ferre: We're going to take a 5 minute break, because Commissioner Lacasa wishes to talk to Howard. BRIEF RECESS Mr. Carollo: Howard, what I'd like to have from you is item by item amount of what each item you're asking for in this contract is worth. For instance, life insurance, health insurance, car, publications, memberships and those member- ships in this and that, I want to get a realistical estimate of just how much this contract is worth. All right? Mr. Gary: I'll provide that information to you, also, along with a compar- ison of prior Managers. Mr. Carollo: The other question that I have is, Howard, how can you really justify in your mind that you could be paid in salary and benefits the amount that you're going to, when even the Governor has to have a house in Miami and Tallahassee, a U.S. Senator, which has to have a house in this State and the 59 JUN, 81981 6 i t. tj`; tY l H I is t 1 Mr. Carollo: Certainly. Mr. Gary: I think there's a house provided to the Governor in Tallahassee and most Governors. I think that what needs to occur, Commissioner, is an evaluation probably of what City Manager with the responsibility that I have make across the country as well as people in the private sector with similar types of responsibilities. Mr. Carollo: Is there any City Manager in the State of Florida that has a contract or if they're dismissed at any time for any reason by City Commissioner the rest of 2, 3 or whatever years are given in the contract, has to be paid up front plus on top of that, a 3 months serverance pay? Mr. Gary: Commissioner, as I said earlier, this is a standard model con- tract as a national... Mr. Carollo: Howard, this is another question that I've asked. What I've asked is there any City Manager in the State of Florida that has any stipula- tions in their contract that if they're dismissed for whatever reasons that the full salary has to be paid plus months of serverance pay, in your case it's 3. Mr. Gary: In the State of Florida, I don't know. Mr. carollo: Well, I would like, Mr. City Manager, to find that out for us also. What little I've been able to find out, none to my knowledge and I'm certainly have looked. Furthermore, my last comment, Mr. Mayor, if this Commission would have advertised a salary, benefits and a two-year contract, such as the one that has been presented to us, I am sure that we would have people as far away as Alaska, California applying to us. I find it very dis- tasteful that after someone is given a job, especially when that someone knows what the job entitled, what it paid, the benefits that came with it, that weeks later.. .weeks later, we're told that's not enough ana the sky's the limit. Again, Mr. Mayor, I feel this is indeed a contract and a contract is illegal according to our City Charter. I think that George, with all respects, Sir, you've been wrong in the past a few times. No one's perfect. Mayor Ferre: Now, Mr. Lacasa. Mr. Lacasa: Mr. Mayor, I make the motion, which I understand, has been seconded, that we approve this contract. I only want to make an addition here and that goes on paragraph b, item, section 3, paragraph b, where it says: "or he re- signs following a suggestion whether formal or informal by the City Commission that he resign", that to be stricken from the contract and the rest to stay as it is. Mayor Ferre: Starting on what? Mr. Lacasa: Starting after the comma, where it says benefiting him, that goes" and then what it says: "or he resigns following a suggestion... Mayor Ferre: Mr. Lacasa, I would recommend as I pointed out, that once you strike everything beyond the comma, the first part of the paragraph means no- thing. In other words,"in the event the City at any time during employment re- duces the salary of other financial benefits of Gary in a greater percentage than applicable across board (inaudible) or in the event that -the City refuses following a written notice to comply with any other provision benefiting him", that's not a full sentence. Mr. Lacasa: Mr. Mayor, the first part I understand and that is far as the City Commission is concerned, that is a fact and this is something that is real that if we do this, it could be construed by the Manager has an arrangement and the reason why I agree in striking these two lines is because it's too loose, it's too loose, whether formal or informal, well, that is too loose. 60 Jui4 81981 S 1 1 t ' Mayor Ferree That was the point I Made. In other words# let the see if I under- stand, what you're.... Mr, Plummer: First portion of it is what they call in labor negotiations 'Whole harmless". Mr. Lacasa: That's right. Mayor Ferre: What you're saying is after the word, "benefiting him", strike out from "or he" to the word "option" and then you start again with "be deemed to be terminated at the date of such reduction" and then you strike "or such refusal to comply". Is that correct? "Be deemed to be terminated at such date reduction". Is that correct? The contract would read as follows: "In the event the City at any time during employment term reduced the salary or other financial benefits of Howard Gary in a greater percentage that applicable across the board reduction for all City employees or in the event the City refuses following written notice to comply with any other provisions benefiting him it be deemed"... Mr. Lacasa: Period. "nor such refusal to comply with the meaning and the context of the herein severance pay". That should go in. So, with that with a strike will be, "or he resigns following a suggestion, whether formal or informal by the City Commission that he resign". That is what will we strike. Mayor Ferre: and "at his option". Mr. Lacasa: Well, at his option, I don't have any problem with having this at his option as it applies to the other parcel. Mayor Ferre: Okay. So in other words, what you're striking is "or he resigns following a suggestion whether formal or informal by the City Commission that he resign" then, you're crossing out, but then you start up "then in that event" and the rest of it is okay. Mr. Lacasa: That goes. Then that is all right. Mayor Ferre: Okay. So your motion contains the deletion of those 3 lines. All right it's been moved and seconded. Is there further discussion? Mr. Carollo: Just one more thing to say, Mr. Mayor. I want to make sure that Mr. Gary understood my request. I want him to break down this contract, item by item, and give us the realistical amount of what the contract is worth. At the same time I want him to go through the whole state and find out if there is any City Manager, even little Pahokee that has a contract that stipulates any amount of time whether 6 months, a year, 2 or 3 years, and whether if that City Manager is dismissed at any time by the City Commission or Council of that city if that City Commission or Council is going to obligated to pay him the rest of his salary plus any amoutn of serverance pay. Is that understood, Mr. Gary? Mr. Gary: Yes sir. Mr. Carollo: Thank you, sir. Mr. Plummer: Under discussion I assume we're ready to vote and I'll do it now rather than tie in my vote. How soon we forget, Mr. Mayor, that this City some 5 or 6 years ago when you were presently a member of this Commission, find our— selves in a very very bad state of affairs. We found ourselves in a position that we couldn't keep good employees that we were losing them hand over foot to the private sector and simply was because was we were not competitive. This 61 JUN 8 1981 employees. You're paying aLLVL„cya ,.��.���• --- and this" and this Comission said, "Fine. You come back with a complete paid plan that makes city employees competitive with the private sector". And that was 23% across the board, Mr. Mayor. You know I've heard everything here discussed at this table today, but what I think is the most important thing, what are the responsibilities and duties of the man and what shall be his com- pensation? I brought out once before that the President of the Miami Herald makes some $300,000 and some dollars or some figure like that. Is that out of question? No, they have a fine man and they want to keep him and if they don't compensate him he's going to go elsewhere. Mr. Mayor, based on a budget of $120 to $140 million and the responsibilities that are placed on this Man- ager or any others, I don't feel that $70,000 is out of line. And as far as I am concerned I have no problem voting for the contract. Call it a contract, an agreement, call it what you may, it is understanding in my estimation as to what this man is entitled to, what tie is going to receive and what his benefits shall be. Mayor Ferre: But don't call it a contract. Mr. Plummer: Call whatever you will, it is an understanding. I think the final thing that I would say is that is in fact is not for Mr. Gary that I would hope for the future so that Managers would not have the confusion as to what and where they are. Mr. Carollo: Well, J. L., the only thing I would like to add is that if it includes Howard Gary for 4 1/2 years and he was making $40,000 plus, $50,000 plus, I don't think we'll lose him now making around $100,000 in salary and benefits. Mr. Plummer: Mr. Carollo, you're entitled to your opinion. Mayor Ferre: Let's get on with the vote. Because I don't think anybody's going to change positions here, so is there furthsr discus$$}on? Anv_otber,i clarifications? George, one last question that i nave ano I ui sorry 1 61611 t mean to get into further discussion, there is one thing that I wasn't sure of, this is a continuing contract, as previously said worth about $100,000 a year, whcih if we don't give notice to on 90th day or before the 90th day, then is extended for 2 years automatically, is that correct? Mr. Knox: You have agreed that the provision relating to compensation shall extend for a period of 18 months and without 90 days prior notice then it would continue for another 2 years. Mayor Ferre: That's not my question. My question, as you recall, in the last wording, I'm not a lawyer, but I can read the English language and it said tht we had to give notice on the 90th day. As I read this contract, it longer says that and as I interpret what it says, it says: "anytime 90 days or prior" and if we don't give them notice in 90 days or prior then the contract is auto- matically extended, as I understand for another 2 years, so its a axiomatic matter thing, is that correct? Mr. Knox; That's correct. Mayor Ferre: It's not on the 90th day, it words, we could advise on the 100th day, is Mr. Knox: Right. But there must be at Mayor Ferre: But, not limited to 90 days. ally on the 90 th day. says: "we deem 90 days", so in other that correct? least 90 days prior on it. The previous contract said spepifica 62 ,j 1.: N 81981 c �TM a A Upon being seconded by Commissioner Gibson, the resolution was passed afid ON ROLL CALL Mr. Carollo: When Mr. Grassie was the City Manager, I wasn't Mr. Grassie's pet. In fact, I was the Commissioner, least considered. Mr. Grassie's gone. When Mr. Fosmoen was City Manager, I was not Mr. Fosmoen's pet. I, again, was the Commissioner least considered. Mr. Fosmoen's gone. I, again, really don't care if I am, again, going to be the commissioner least considered. I'd like to make that observation for the record. I, again, state that this in- deed a contract. A contract is illegal according to our City Charter. Fur- thermore, in appointing time in the history of the city of Miami, when we're going to lay off more employees than we ever had in whole history, any where from 1,000 to 1,500 employees. I think that a contract that's worth at least a $100,000 is really too much and down right outrageous. I, also think,that Mr. Gary knew quite well that no other City Manager from this city before had a contract. Furthermore, no City Manager in the whole state of Florida has a contract of either 6 months, a year or two years, as the case is here. And above that, if they're dismissed, that the rest of the time they had in that contract is going to be paid in full and three months servance pay given to them. This, Ladies and Gentlemen, is outrageous. I think that this country and certainly this city and this county that voted, a majority for the present, made it clear how we stood. We want to cut back in government and we want to cut back on needless dollars spent on bureaucrats and waste- ful dollars. I see that the message has not been heard, here in Miami. I vote no. Ms. Hirai: Mr. Plummer? Mr. Plummer: At Commissioner Carollo's suggestion, I checked with Washing- ton and General Haig was not available, so I have to vote yes for Mr. Garr. 63 8 1981 x a 2 iVj1 L, 7 f 1 kCl'Y� 4 � J 7 7 i, Mayor Ferree This is a particularly difficult and 1 guess, a painful vote, for the, because I considered Howard Gary, both my friend and one, who I think is qualified for this job. And my vote has nothing to do with him, individually or his personality or my view of the job that I think he's going to do. Now, with regards to the salary portion of it., I have no problems with paying Howard Gary $70,000. I have no problems paying that to the previous Manager. I think that he's worth that. I think that if he does his job, he's worth more than that. I've got no problems with that. Compensation has nothing to do with it. I think that we have to pay people. You're talking about a major operation with 3,000 employees and a budget of $140,000,000 and there isn't a company around with that kind of employees or with that type of a budget that would hire its chief executive officer for $70,000 or $100,000 for that matter. I think that's just compensation. My problem is with the premise of the contract. Now, we have a manager -form of government. The manager -form of government is based on a premise that the elected officials serve as the legislative board to deliberate on policy. The Manager is the President, the Chief Executive Officer, who..who administers the City and sets the policy into action. If we, indeed, want to go...if we, indeed, want to go to a manager -form of government, where the Manager is guaranteed some of the benefits of the elected officials, that certainly seems to me, appro- priate, that we change the Charter and that we give the Manager the abilility to insulate himself properly, which is by being elected. Then, whether we change the charter to 2 years or 4 years, then that elected Manager knows he has job security, unless he does something very bad, for a two or four period. Now, you have a Manager who does not report to the electorate, but rather to reports to a elected body, who, in turn, selects the Manager, the Charter very specifically says that it is at the will of that Commission. Why? Why is at the will of the Commission? Why is that a traditional thing all over the United States? Because when the person is not elected and therefore, is not responsible to the electorate, the assumption is that if you insulate him further, he will also not be responsive and so, by pressuring the elected officials, those who are responsible to the electorate, then those who are elected can, in turn, pressure the man who is appointed and therefore, it must work that way. For you to start tampering with the system may it seem like it is a protective measure. I want to tell you, that it is not. It really is not a guarantee, because when a person, if this Commission wants to play politics in tiie future, which is the fear that politicians are some- how bad people, want to play and want to fire the manager, you may think that come November, after the election and there a 3 votes here to get rid of this or any other City Manager at any future election, that isn't going to happen anyway? So, in effect, what you're doing is you're not really insulating the Manager, what you're really doing is creating a confusion in the system that we have. That's why the Charter says, what it says. Now, my problem with this, is that I think it is basically a violation of what the Charter intends to do, if not in the legal words, but certainly in spirit. I'm not going to challenge it legallyThat's not up to me. I have no problem as to the will of the majority and I certainly accept that. I'm concerned with the implications. I said I would be willing to consider a change in system, if we were really serious about this, where we get into a strong, executive.. elected executive process. If that's what we want to do. I,also, although the papers did not report that and the...and I thought it was rather a very unfair report on... in both newspapers, I further said that obviously you could put on the Charter for a vote in November, it would not be applicable until 1983 and I further stated that I would certainly not be a candidate for a strong mayor -form of system and I was basically against it. That part of it was not reported in the stories, but I think that what we're doing with this tampering with the system, which really must be left intact, either... you can't be half pregnant, either you have one form of government or have another form of government and our form of government is manager -commissioner form and I think that we should... should obey what the Charter says or change the Charter and based on that, I vote no. i� t:.22 Rev. Gibson: Mr. Mayor...Mr. Mayor Mayor Ferre: Father Gibson. Rev. Gibson: I didn't want to speak until you....all of us had voted and I want to make sure the record records this. Leadership today stands where leadership where followhip must stand tomorroe. Leadership today stands where the followship must stand tomorrow. I thank God that I live in a city and that we have the kind of a people here, who would take some daring stands, which might necessarily not be to the liking of the majority and often times, not to the liking of the minority. Fortunately, for some of us we can see the dangers and failures of the past. Hopefully, we can get out of the muck and mire of things and push forward and look upward, whether you like it or not. I want to reiterate...I am not one of the fair -headed child of the Miami Herald, but I want to thank God, in no uncertain terms, that the Miami Herald saw the vision and became enlightened. When the Miami Herald wrote its editoral regarding our desire to go to this agreement. To go to this agreement does not solve all of the problems, but to go to this agreement, unfortunately, for you, who sit out there, who don't necessarily understand this methodology and process down here, will have to....when you do, thank God that a majority of us wish to relieve this city of some of the political strategies. Now, I'm included...all of my fellow commissioners are included and I want. to say that what they're doing now doesn't necessarily eliminate some of the dangers, but I put my hand on a stack of bibles, that my kind of thing that I do for a living...this is not a living for me, that eliminates to a relative degree of the political shanningans down here. And, I have no problem with eliminating the shanningans. I have no problem with being account- able to the public. I have no problem in taking a stand and standing upright and forthright for what's good and best for the people of this city. I'm a native. When certain people here don't like what's here, they go back home. I have no where to go. I say...I say without fear of contradiction that this city has to be in the fore -front in leadership. You just appointed a committe the other day or appointed members from this commission to...what's that.. the Sports Authority...you remember I said, 'maybe, we need to send Metropoli- tan Dade County a message'. All because that was to the liking of some of us, we rejoiced. I said that in a day like this it is inconceivable that you.. Metropolitan Dade County would be appointing a Sports Authority. And with the percentage of Latins in this community, not a single Latin, I said, send them a message. I don't mind being in the for -front, my life is that. I tried being the fore-front,not because, but in spite of. Alot of people don't like Theodore Gibson, but, eventually, in the long run, they say, Gibson was right. There's an advantage in being a prophet. It's costly,but also, in the wee hours of the night, when things are all lonely and business begins to end, there is a satisfaction that comes to all of us. And I hope and trust and pray that we, that sit on this Commission, have that have taken the action that we have taken, will not live to regret that any man you hire, you can fire. All you have to do is have just cause. Anybody who is going to law school for a day, can tell you that. Contracts don't mean a doggone thing. What matters is, those who write them and sign them. That's what really matters. I want to say for the benefit of my public, and that's the people who live in the city of Miami, I'm not at all ashamed of what I've done by giving an agreement...I don't give a doggone what you call it, an agreement or contract. I know this, before you kick the man out, as every- body around here knows, they wanted to kick out all those other Managers, since I've been here. Kick them out. You'll have to say to the public, you have good cause. That gives you responsible, reliable, dependable leadership and in government. I never was so hurt in all my life. Joe Grassie sat in that chair over there. I want you to know for the public. I'm the nigger that got out the sick bed in the hospital and came in and before anybody knew, I cast that vote for Joe Grassie. Ask them. Some people around here in the city have been mad at me ever since and I don't care. I thought Joe Grassie was a good man. Remember, I was on the team with Richard Fosmoen. Okay. So you can't say it. I'm only saying to you ... I'm only saying to you that there I had a professor who said this to us when we were coming up in school,'be- ware of the Athenians bearing wreaths'. Beware ... I see some college people, who out there, who are going to be addressing us in a very short while. Be- ware of Athenians bearing wreaths. I remember those days. And I only say 65 JUN 81981 Rev. Gibson: (continued) we have to be more cautious, mote careful, mote aware, more alert, when we want to do the, now, Manager, like so many of us wanted to do Joe Grassie. Thank God. Thank God, that Joe Grassie didn't suffer the fate that so many of us thought he would have had. We would have had him now, if he could have had relative degree of peace and happiness, but he woke every day knowing that feeling, believing that any day may be the last. And, finally, you can't tell me I don't know what I'm talking about, I'm in the circle. one Black doesn't stop anything, but you could slow up a lot. I talked with joe Grassie one day. went up there, I was so hurt. I said to him, 'Mr. Grassie, as a Commissioner, I beg you not to leave us. Your work is cut out for you'. You dare to be a leader, you also have to dare those who you would lead. I have no particular Commissioner or Commissioners in mind. And I would hope that nobody would take it personally, but because of the life I live and the kind of thing that I do for my living, I find that it is virtually impossible to sit here or stand and not express myself as I have, because it came from my very heart and from my very head. And I hope that our boys and girls in this community and even adults will profit and benefit from the action we just took. Mayor Ferre: Further statments? Mr. Plummer: Mr. Mayor? Mayor Ferre: Yes? Mr. Plummer: I...based on the statements you made on the time of voting, once again, I would like to say, I guess, say to you as to other members of this commission, how soon we forget. Mr. Mayor, it was you, Sir, who at the time of Mel Reese's leaving, who engaged battle of another commissioner, I happened to you on your other side, as you will recall, about how much Mr. Reese would receive as final termination pay. Mayor Ferre: Mr. Reese? Mr. Plummer: Yes, Mr. Reese. And at that time, Mr. Mayor, I remember your comments and those comments were: 'I hope to God one day that this thing can be spelled out in writing, so it won't happen again, so it will be understood'. I then remember with Grassie, tremendous fight we had here at this Commission and you were the one who advocated, Sir, that a precedence be set that Mr. Grassie be allowed, not as all had done in the past, of putting his pension money in the City of Miami pension, but be allowed to place it in the ICMA. And then, once again, it was said, I don't know if by you, but by others, 'why in God's name isn't this spelled out, so we'll know'. I, then remember, ....let me finish, Mr. Mayor... Mayor Ferre: Plummer, we voted on this. Then I'm going to continue... Mr. Plummer: You have every right to. Mayor Ferre: I'm going to continue for another 10 minutes and I'm going to get all of my file and put into the record again. Mr. Plummer: I then remember.... Mayor Ferre: You want to do this? Let's do another way. I'm going to read into the record, all the stuff that's been said on this. Want to take it out, fine. Mr. Plummer: I then remember, Mr. Mayor, that we deviated from the norm with Mr. Fosmoen. That Mr. Fosmoen should get 3 months of severance pay. That was different. And it was said, once again, that this in fact should be re- duced to writing, so there would be no fighting and no discrepancy. And, Mr. Mayor, I think that this today, if even more, whether some wish to call it a contract, some wish to call an agreement, I would hope that it would be a paper of understanding, so we don't get back into the fight of a Mel Reese, that we don't get back into the hassle of a Joe Grassie and we don't get pack in the fight of a Richard Fosmoen. It should be understood by a man when he JUN 81981 S Mr. Pluthnef: (continued) is hired, as to what his rights, privilegesi duties and things of that nature are. I think it would be hell to go to work for a compalny, that says you serve at the whim. What is a whim? How you get up in the morning? HOw you go to bed at night? I don't think that's fair. I think that it is fair to have a paper of understanding so that the man knows may be what is a whim, so he knows, if he leaves tomorrow, yes —or no, he get servance...the Charter doesn't speak to it. It doesn't speak to the pension of where it can be. It doesn't speak to those things. And I would hope that, in the future, that this paper of understanding or call it what you may, will be updated as times change and it could be understood by a man who is Manager where he stands in that position. Mavor Ferre: Mr. Plummer, you can huff and puff all you want, but the Charter stands there, totally and clearly, for everyone to see and you're not going to blow it now, unless you change it. What you're doing is going against the Constitution of this City, no more, no less. Now, you can recall all the statements made about Mel Reese and everybody else. Mel Reese, at the whim of the Commission, lasted 13 years. His successor lasted 1 1/2 and he wanted to retire and retired at a very good pension. And his successor lasted for 4 years and didn't leave for any other reason than, he had a very good business offer, which he wanted to accept and as a matter of fact, wanted to leave a year earlier. Wanted to leave a year earlier. And perhaps, should have left. That may have been a mistake that I made in the past with the City Manager. My position on a contract with a City Manager would have been the same if it had been Mel Reese. If it had been Joe Grassie. And would be the same in the future. It has nothing to do with the names of the individuals involved. It is a matter of principle. It is a matter of a Charter. The Charter says that because the Manager is not elected, but selected that he has to serve at the will of the City and it is not the whim. The Charter does not say at the whim of the City Commission. For you to attack that portion of the Charter, is to attack the very roots and foundation of a manager -form of government. That is why no other manager -form of government in the state of Florida and, I dare say not more than 2 or 3 anywhere in the United States, not only Florida, Commissioner Carollo, the United States. There are very few contracts for City Managers for that very same reason. If you give a Manager a contract you go against the logic, the reasoning, the Charter, the Constitution of what a manager -form of government is all about. Now, if you want to do this thing, properly and according to the recommendations of the international city manager and the contract that they propose for city managers, which is the basic thing Mr. Gary worked on, then why, may I ask, have you not gone all the way and done what other communities who have instituted a contract, and, that is, to institute a yearly review. The recommendation... there is no yearly review in that contract. Mr. Plummer: Mr. Mayor, you passed that at the last commission. Mayor Ferre: Sir, if you will recall, at your request, you did not want to discuss it because you had not had time to read it. Now, I would be happy to offer a motion and in fact, I will do that way. Father Gibson, can I pass you the chair, Sir? And I move you that the City of Miami immediately institute the format as passed out at the former City Commission Meeting where the City Manager is reviewed, at least 100 days, prior to the contract clay_ and on a yearly basis, since his contract is 18 months and will eveatua iy be a 2 year contract. The odd year should be subsequent to the adoption of the budget and on the year that his contract is due 100 days prior to the termination of the contract. Mr. Plummer: I second the motion. Rev. Gibson: All right. Discussie 67 j u li 81981 Upon being seconded by Commissioner Plummer, adopted by the following vote: Rev. Gibson: Well, as the... Mr. Plummer: I'm not familiar with that format. Mayor Ferre: I gave it to you. Mr. Plummer: I'm familiar with the format adopted and recommended'by the ICMA'and that I will vote for. That it be done on the evaluation. i don't know -if Broward County has any other litte hidden agenda. Mayor Ferre: Absolutely the same, as I understand, which is acceptable to me. Is that correct, Howard? Do you know? I've got no problems with it being the ICMA review format. Mr. Plummer: And neither do I. Mayor Ferre: So correct the motion that it be the ICMA format, which I think is alot more stringent in Broward County. Rev. Gibon: All right, call the roll, please. The following motion was introduced by Commissioner Ferre, Who moved its adoption. MOTION NO. 81-515 A MOTION OF THE CITY COMMISSION AUTHORIZING AND DIR- ECTING THE CITY MANAGER TO IMMEDIATELY INSTITUTE FOR THE CITY OF MIAMI A PROCEDURE WHEREBY A REVIEW AND EVALUATION OF THE CITY MANAGER IS MADE ON A YEARLY BASIS, BASED ON THE GUIDELINES WHICH ARE RECOMMENDED BY THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION, SUCH REVIEW TO TAKE PLACE AS FOLLOWS: (a) ON ODD NUMBER YEARS - SUBSEQUENT TO THE ADOPTION OF THE BUDGET; AND (b) ON EVEN NUMBER YEARS - ONE HUNDRED (100) DAYS PRIOR TO TERMINATION OF HIS AGREEMENT FOR COMPENSATION. the motion was passed and AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. Mayor Ferre: I would recommended proceeed with the afternoon agenda. Mr. Plummer: All we have left is the Committee of the Whole. Mayor Ferre: We have number 18 left. We'll have to come back to that. Pjwwer you're wrong about that. 68 Mayon rttkes E I _ , .. .f, .=ri No, 18 i I We have not finished discussion Yet, Mr, Plummer: We were proposing to defer it, but the Mayor asked for Lacasa to be here. Mayor Ferre: That's right and I will come up to that later now and the mean- time I, also, propose in the afternoon session we leave Item B for later on, Item C for later on and take up Item D and Item E in that order. I think that we have more people here on Item D than E. How many of you are here on D? D as in David. This is the Bicentennial Park. How many of you are here on' E? You've got a wedding to go to, I know. I think this will be rather quick. We've had all these people waiting here for a couple of hours. Let's take up Item D, which is Bicentennial Park. Mr. Manager? 33. APPROVE IN PRINCIPLE PLANS FOR UTILIZATION OF BAYFRO:IT PARK BY PIIAMI DADE JUNIOR COLLEGE AS RECREATIONAL FACILITIES. Mr. Plummer: Mr. Maio r, before you begin into Item D, I would like to in- quire and I have st1 d this for the record in the past and I'm going to state it again and contin—: and, it does not speak to Dade Junior College. I think they know where I stand. Mr. Mayor, I was amazed to pick up a newspaper and read about this proposal. Especially when this Commission had not even been apprised of what was going on. I don't know the first thing about this pro - until I read about it in the paper. Now, very obviously because certain comments were made in the newspaper, alot of hours have gone into this thing both from Dade Junior and from our Departments, of what a tremendous great program then is or is not, and yet, this Commission has not instructed the administration it's policy. Now, I think that is placing this Commission in a untenable position and at best, risking a lot of taxpayers dollars, time and effort, if in fact, the majority of this Commission on any given subject has not been brought here first. I find it unbelievable. Mayor Ferre: Well, let's correct the record a little bit. Mr. Plummer: All right. Mayor Ferre: Because I think there's some things, perhaps, are not quite that clear. Mr. Howard? and Mr, Padron, if you would please. It is my under- standing, the first I heard about this is when Eduardo Padron in a meeting brought this up to my attention. Mr. Plummer: At a Commission Meeting, Mr. Mayor? Mayor Ferre: No, sir. I did not say at a Commission Meeting. Mr. Plummer: I was just clarifying. Mayor Ferre: No, you did not need to clarify it, because I didn't speak ambigiously. Mr. Padron at a meeting brought this matter to my attention and I, as you well know, since you've seen it on the agenda, asked that it be placed for discussion in the Committee of the Whole portion of the agenda. It is not a resolution. It is not, as you can see, a motion. It is strictly, and I will read it, as since it has my signature and since I clearly understand the...what you're alluding to, I will read the full context of what I put on June the second to Howard Gary, the City Manager: Attached is a proposal by Bicentennial Park from the Miami Dade Community College. Please place this item on the June 8th agenda for discussion. A copy of this proposal has been sent to George Knox for his review. You have also a proposal for Bicentennial Park submitted by the Miami Dade Community College, Dr.Jeffry Brizner, without a date on it. And I want to say to you, sir, and to the record, that is the 69 !UN: 81981 �L a l... . ...... .... May6f Ferre: (continued) first time that I've heard of this other than the time Was discussed before this Commission a year and half ago, when at that time, Mr. Bill...Dr. Bill Stokes, who was your predecessor, came before this Comission, Sir,...is that correct ... to discuss this item and this Commission instructed the City Manager, obviously, your predecessor, your two predecessors ago, to come back to this Commission with a proposal. Now, it has been a year and half and since, Mr.. Plummer, you've such a good memory, then, per- haps you go back and recollect in your memory bank that this matter was di - cussed for this Commission and this Commission instructed the then City Manager, Joe Grassie, sit down and come back with Dr. Stokes with a recommended thing. Now, it has taken a long, long time and now here we are under dis- cussion, again. Mr. -Plummer: Mr. Mayor, I appreciate your comments, Sir, and let me tell you with my memory bank recalls, because it's not quite as you say. And, I'm sorry, Sir, that you're taking this personally. I did not... if anything personal remarks were against the administration. The memory bank was over two years ago and it was a discussion in reference to the auditorium and it was in the reference to the auditorium, which stated that before this City turned it over to Fusion Dance Company and spent a million and half dollars of City money that we first offer that auditorium to Miami Dade Junior for the purposes of what they claimed at that time was gymnasium, and I agreed with that and I have still agreed with that. Mayor Ferre: No sir. We were talking about playing fields in Bicentennial Park and I will get you the Minutes, so that you will refresh your memory. Mr. Plummer: All right, Sir, you might be right and Mr. Mayor, I have never had a problem in admitting when I was wrong. All right, sir. I don't have that problem. All I'm saying to you, Mr. Mayor, you have not addressed what I have a complaint about. I am reading in the newspaper statements that Mr. Al Howard is making about this prosposal. and you and I, at least I don't think you and I have seen this proposal. Mr. Howard and other administrative people are making comments which say this is a great proposal. I haven't even seen the proposal. I don't even know what the hell it is. Mayor Ferre: I haven't either. Mr. Plummer: Wouldn't it seem like good procedures that this Commission, the ones who make the final decisions, would be the first to know? And if Mr. Howard or other members of the administration want to make comments, after we've seen it and set the policy, fine. I've got no problem with that. But don't lock us into a position saying that it's a great program and then the Commission votes against for some reason and we're the bad guys. All I'm saying is the name of this game is information. I'm going to vote and I Want to know before I read about it in the newspapers. That's all I'm saying, Mr. Mayor. What I've read I'm all in favor of. Mayor Ferre: Dr. Padron? Dr. Padron: Yes, Mr. Mayor, thank you for the opportunity. I would like to say that it is my opinion that both of you right. Miami Dade Community College, at the direction of its Board, and its President has been here many times, because our Board is committed to the development of downtown Miami and we have worked very closely with the City in trying to get certain things accomplished. We have discussed Bicentennial Park and we have dis- cussed Bayfront Park Auditorium. Now, two years and four months ago exactly you passed a resolution number 78-b2 in February y, 1970, basically, supporting the administration proposal to develop recreational facilities in Bicentennial Park. At that time, the administration failed that you had the resources to do it. Two years and four months have passed and the resources have not be- come available. The City administration came to the College. The College iu H: 2' ., 'r Mr. Padron: (continued) did not have those resources at that time either. ANd we are at a point right now, where we feel, and our Board feel that we have a few dollars to basically invest in Bicentennial Park and develop some fac- ilities there, some of the fields, which are very much needed and which every- body agrees, that we bring more people into the Park and we have people using the Park, as opposed to being the muggers and winos, etc. We have a proposal that our architects have developed and it is basically, in line with what was o n€inally proposal, back in 1978 and what we're saying now is that we now have the funds to do that. And what we would like this Commission is basically authorize administration to enter into some kind of written agreement or paper of under- standing with the College, so we could develop these fields, which, by the way, -are not only for the College, but for the citizens and residents of Miami, because we allow public access to those fields. Now, we have worked very. closely with various groups of people, including The New World Action Committee and the Chairman Molly Ryan, attorney, Dan Paul, who is present here today, with the Biscayne Boulevard Development Committee. We have worked very closely,also, with the Community Developmental Board for the downtown targeted area, the Chamber of Commerce and other groups, in trying to coordinate these efforts and I am pleased to say, that all these individuals have been very supportive and feel that this is a great opportunity for us to do some- thing beneficial in that area. That's basically our thought and proposal. Mayor Ferre: We have ... could we call Al Howard, Mr. Gary? Mr. Howard: Yes sir Mayor Ferre: Mr. Howard, are you in favor of this project? Mr. Howard: Yes, sir, certain plans that they have submitted. Again, 1 think there's a misunderstanding here. Mayor Ferre: Where are the plans? I haven't seen them. Mr. Howard: They're over in the office at Dinner Key. Mayor Ferre: Does anybody have them? Mr. Howard: Is was a concept plan. Mayor Ferre: Could we see the concept plan? See, I think that what Plummer is saying, and I not only think he's correct is that, you know.... Mr. Howard: But, it got to the point to where we'd bring to the administra- tion, 'cause it was just in discussions. That's all we had. Mr. Plummer: But, Mr. Howard, my problem is before you enter into discussion, wouldn't it seem plausible that you don't enter in and spin the wheels of your department and the time of your individuals, without knowing what the policy of this Commission is? The same way that I tore apart the Police Department for proposing to put condominiums, stables and cannine in Bicentennial Park. Why in the hell didn't they come here first and ask us our opinion be- fore they go and give architects to give renderings? Why didn't they do that? And, we could have said from the very beginning, we don't like it, we don't want it and don't go spend your money. I happen to be in favor of Dade Junior and Bicentennial Park. I'm not speaking to that project. What I am speaking to in the future is, that when someone comes with a proposal, before you spin any wheels and any time is involved, that the Manager says, commission, we have a proposal, would you like us to pursue it or not. That's all I'm saying. Don't let me read about it in the paper. A 4r. Lep Ki ! h Sits {(firh' �'. ��iK4. t{. I' 77 Mayor Vtrre: bet me ask some questions on this to both Mr. Padron and to Mr. Howard. In the first place, I am...let me start off by saying, I'm for it. Okay. I think that that Park is greatly unused and I think if we bring sports usage to the Park you give an opportunity to people to use it and that people bring people and the fact, Mr. Howard, that people would be there, would attract others to use the Park. There are certain things that I feel should be conditional. One is, no bleachers. No permanent structures. This is a temporary thing. I don't want to see any bleachers, if they want to play baseball or softball or soccer, sit on the grass and watch it from there. But as far as I'm concerned I don't think that we should put any bleachers. Se- condly, I would hope that we're not going to bulldoze anything down, other than -....you know, we're not going to change the contour of that land the way it is. That's all flat land, anyway. Mr. Howard: If anything, it will be leveled off more. If anything it will be just leveled the areas that they will play baseball. Mayor Ferre: But, I mean other than the drainage thing, I don't want alot of bulldozers tearing up that Park. That's going to cost alot of money. So, in other words, we're going to just make the baseball and softball, but we're not going to go in and tear up that whole Park just to do that. These are just comments that I'm making. The third thing is that I think that it has to be on a rather short term basis. I would recommend that we have a five or ten year contract with the proviso that we can cancel any time after the third year provided that we pay the unamortized portion or whatever it costs. Five years from now we may have ... for example, for sure, I know that that Maritime! Museum is coming along and we may need to change the configuration of that Park and I don't want to be stuck for 10 years and not be able to do that. In other words, I think that we ought to say, okay, we'll give you a ten year contract, for 3 years we won't touch it and if we decide to change any time subsequent to that we'd have to reimburse the Junior College for any expenditures that they had for refurbishing that field. So, again, one last thing, that I thought of that I think should be a condition. We've got to have some usage there. We spent ... you're going to spend $250,000, but we spent $4,000,000 or five, whatever it is. And we need to have access. The people of Miami and I'm thinking of the people who live within walking dis- tance of that, is that they've got to have the right to use that Park. So, we cannot exclude citizens from using that Park. Mr. Plummer: Mr. Mayor, I would hope that we are here today as from point one and starting forward where it should have been in the first place. One of the big problems I have, Mr. Mayor, that I don't see addressed in any of this and as we all know, and from the past, I don't see anything in any of this proposal, looking over it briefly and I could be wrong, about maintenance. Mayor Ferre: Yes, its in there. It's in there. There's a paragraph in there that says they will maintain. They will maintain. It says it in there. Mr. Plummer: It's not in their budget, Mr. Mayor. Mr. Padron: Mr. Mayor, what it says is that we will never share with the Parks Department on the maintenance, but it is our intention to assume responsi- bility. Mr. Plummer: Doctor, the problem with that is that the Parks Department, by an action of this Commission about a month ago was reduced down by 40 people and in this coming budget, they're going to be reduced down even further as all departments, except police and fire. I don't find anything in this pro- posal and I hope that this is what we're here for, is discussion about security. Mayor Ferre: Eduardo, just let me say that we just contracted with Elizabeth Virrick and her group to take over property and it is my opinion, that the City of Miami for the next 3, 4 or 5 years has to do this all over. Because we don't have the money, Al. It's not a question...I know when I first came up with this, some of us and yourself, were concerned that we weren't approach- ing this right. I wish we could find 10, 15, 20 operations that had a little bit of money that wanted to use our parks and would contract with us to help us maintain them and to help in the usage of it. As long as we have access in use. I would like to recommend that what we do here today after we've finished discussing that put all these conditions that we've discussed as part and that we authorize the Manager to come back and negotiate and come back to the Commission with a contract for a vote, at which time, it would be a scheduled item that we would have time to look at what they had come up with. Mr. Plummer: Especially when the Mayor hadn't seen it. Mr. Lacasa: I realize the problems that we're facing as far as the budget, specially in the area of parks and recreation, but what this proposal is bringing up to us is the possibility of saving the Bicentennial Park and the invest, the tremendous investment, that the City of Miami made there once, that is, obviously, gone down the drain. The concept of passive parks doesn't work any longer. The best evidence of this is the Kennedy Park, which is the most successful park in Miami and the reason is that it was made to have activities.This Bicentennial Park has been a failure, basically, because of two problems. One, its a passive park and therefore, doesn't work. Second, because of its location. It's not attractive to people to go there, especially with the type of situation that we have. By bringing this concept in, I believe, we will save the Park. This will take, not only for us, to enter into this agreement with the College, the Community College, but would also take from us to put some of our resources into it. I, for one, would gladly go for that as far as we can go, simply because, as I said before, it's the only way I can see and the only reasonable alternative that has been presented with to save that Park. Rev. Gibson: I have only one problem. I hope before we finalize ... no, I don't like that. I hope we would be talking with the businessmen who helped us to get that Park going. You know, I'm sure that they're going to be in agreement, but it is so nice to invite people to talk with you. You remember, what it is....Hand Myers came with a name ... what was that? The Downtown New World Center. I would hope that with him and the Chamber, at least, we ought to be talking. We need them again. Maybe not for Bicentennial Park, because I'm agreeing with you, but I would hate, that we and the College and the City would ignore those people. Just have a meeting with them, both sides and ex- plain to them the dilema we find ourselves in and here is a viable alterna- tive and let them say yes. Now, they're going to find it hard to say no, but let them say yes, because when you don't, when we need them again, man, they're going to say they don't care about our, you know, and say no, no..no. See, a man named Skip Sheppard, he isn't saying nothing, but I bet you that he's thinking like the devil. So, at least, call a meeting. I don't know who ought to do that. The Mayor could come up with kind of imagination of mechanism. Call a meeting and invite those people. Show them what you're showing us here. 73 JUN 81981 i 1.y'ppy, r r a 4 S.s R c1 d i. iZ{ni 1�rt t n Pwv, Gibson: (continued) Before you really go digging the sand up and putting its the drain field, otherwise, when we need them most, we'll haste theft least. And anybody who knows me, knows that I've got to vote for the Junior College. My whole... well, a lot of future is tied up there. So, you tell me what to do, so we don't bypass those people or ignore them. Mr. Padron: Commissioner Gibson, we share your concerns and that's why we would like an opportunity for Attorney Dan Paul, who represents The New World Action Committee to say a few words. Rev. Gibson: All right, sir. Mayor Ferre: All right, Mr. Paul. Mr. Paul: Mr. Mayor, members of the Commission. My name is Dan Paul. I'm the Chairman of the Biscayne Boulevard Sub -Committee in the downtown Chamber of Commerce Action Committee and this proposal has been studied backwards and forwards for over a year by the downtown Chambers Action Committee and en- dorsed by that Committee and in fact, I think in almost meeting that Dr. Stokes was present at the Committee, the question would come up, had the Junior College yet been available to find the funds, because I worked with Joe Grassie on it and the City didn't have the funds to implement it and it was obvious that the money was going to have to come from the Junior College and the Committee has been working with Bill Stokes to get the money from the Junior College, so that this proposal could be presented to the City Commission, so it has the unqualified endorsement of the Chamber of Commerce Downtown Action Committee. Rev. Gibson: Mr. Mayor, not to prolong. I would like it so much better, Mr. Paul, if you call that Committee in session and they send us a written line, savinv that thev have heard they've talked about it and that we have their full support and cooperation, only because I'm going to need them again, if I live long enough. You know what I mean? Mayor Ferre: There's another consideration, Father, and this is taken the cue from things you've said in the past and what you've just said. We've got a committee called the Downtown Development Authority, which is a quasi - autonomous governmental committee. We've just expanded it and a lot of people gone there, who feel that they've got something to say as to what happens to downtown. I think that before we finalize it, it should really go before also the Downtown Development Authority and let them also come back with their recommendation. Mr. Howard: There's no problem in getting a written resolution from the Downtown Action Committee and the time you have the contract we'll be happy to present it to you. Mr. Plummer: Mr. Mayor, are you proposing and I like the concept, if you are, that possibility the College would lease this property under a contract from us? And in that contract would include the maintenance and the liability and all that in there? Mr. Padron: That's exactly what we.. Mr. Plummer: I think that's great. I really do. I think that's great. Mayor Ferre: Further discussion? Any other statements that need to be said? Is there a motion then? Mr. Lacasa: I move it. Mr. Plummer: Well, there is no motion from the Committee of the Whole. Mayof Terre: Well, that in the past.. okay, but technical Mr. Plummer: You make a motion of intent. Mayor Ferre: There's a motion by Commissioner Lacasa and seconded by Theodore Gibson, that the City of Miami Commission approves the idea of utilizing Bicentennial Park by the Junior College as a proposed athletic field and that the administration is authorized to negotiate with them and come back with a proposal taking into account all the statements that have been made.here today and -taking it before the Chamber of Commerce and the DDA for their formal deliberation and recommendation. Mr. Plummer: It's my understanding, excuse me. Under discussion. Doctor, it's my understanding from this that you will not be using at any time at night, is that correct? Mr. Padron: Well, we might sometimes, but most of our use will be daytime. Mr. Plummer: The only reason I'm bringing it to your attention, I noticed with interest, that your figures of $270,000 and that is why I'm so intent on you, in fact, on taking a lease, because they're not realistic. And when I say that we're spending around here almost $70,000 for a tennis court. Okay? You must understand that if you were to light that field it is your responsibility. You're talking about $150,000 minimum. Mr. Padron: You're correct and we're not planning in this initial phase to light the fields. Mr. Plummer: Okay, I just want it understood. Mayor Ferre: Further discussion on the motion as presented? Mr. Gary: Mr. Mayor, I would like to add that I've talked to Dr. Padron about this, is that when we negotiate with them we will not prohibit the regular public from utilizing these facilities at times when they're not using them. Mayor Ferre: There's got to be a lot more than that.I wouldn't vote for that. I think that you're going to have to come back with a specific recommendation that the City of Miami, that the people of the City of Miami are going to have a specific access, whether its 20% or 30% or whatever it is. Mr. Lacasa: Excuse me, Mr. Mayor, but in the proposal, there is a schedule in the proposal that they are proposing to utilize these facilities during cer- tain hours, certain days, certain months and that allows the public to use it, too. Mr. Padron: That is correct and we will not reach any differently from our present facilities at the College and I wanted you to know, for example, that last year more than 150,000 people, non -students, use Miami -Dade Community College facilities, because we like people to use our facilities and with Bicentennial Park it will not be any different. We will encourage this kind of activity. Mr. Lacasa: This just come to my mind, just now. This will be a good opportunity, as I said before, to really get something out of this Park and, maybe, we will, also, look to the possibilities of getting into the community development funds that are located for downtown Miami, for the downtown, for the targeted area. And maybe will those monies we would include the situation here and cooperate with them and expand the ooncept and get something down there. Because that is a very valuable piece of property, that has been lost so far, for this community. 75 JUN 81981 Mr, Gary: Mr. Commissioner, I think that is a good idea. We'll research the matter with regards to ue of CD funds, but, if you recall, those funds are very tight, that's why they had to come up with their own funds. But, we will cooperate with them 100%. I had no problem with that. Mr. Plummer: Mr. Lacasa, I think that from the schedule that you quoted from, the Mayor's concern and mine, is the bottom line. Due to fluctuation and scheduling of games, this schedule is subject to change and, I think that's where.... Mr. Lacasa: Well, of course, at this stage of the game there is no way that they can adhere to any schedule or whatever this or any other one.. Damn it, they have to have this, because...I cannot say this, it is obvious that they only intend to use that 100% of the time. Mayor Ferre: Okay. Further discussion? Call the roll. The following motion was introduced by Commissioner Lacasa, who moved its adoption. MOTION NO. 81-516 A MOTION APPROVING IN PRINCIPLE THE PLANS FOR UTILIZA TION OF RTCFNTENNEAIL PARK BY "tIAN11 DADE CO?r.fDNITY C01,1,FGF AS DEFINED AND EXPLAINED BEFORE THE CITY COMMISION ON THIS SAME DATE; FURTHER AUTHORIZING AND DRIECTING THE CITY MANAGER TO INITIATE NEGOTIATIONS WITH MIAMI DADE JUNIOR COLLEGE AND TO BRING SUCH TENTATIVE AGREEMENT BEFORE THE CITY COMMISSION FOR THEIR CONSIDERATION; FURTHER STIPULA- TING THAT SUCH NEGOTIATIONS AND/OR PRELIMINARY UNDER- STANDING MUST BE PRESENTED TO THE DOWNTOWN DEVELOPMENT AUTHORITY, THE CHAMBER OF COMMERCE, ETC., FOR THEIR RE- VIEW AND FINAL COMMENTS SO THAT THE COMMISSION MAY TAKE THEIR COMMENTS INTO CONSIDERATION PREVIOUS TO THEIR FINAL DETERMINATION. Upon being seconded by Cotrimissioner Gibson, the motion was passed and adopted by the following vote: _ AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. Mayor Ferre: All right, thank you, Ladies and Gentlemen for your presence here today. All right, Counselor, I hope we can get you out of here in time for your wedding. We're now going to take up Item E, which is the Consent Decree Proposal Decree. All right, Mr. Lacasa. 34 . no'2-i,TARY DEFERRAL OF PRO110TIONAL STANDARDS tN y1 I;IIJ THE POLICE DLPARTIIENT (UPWARD MOBILITY OF (SEL LABEL 34.2) 16 JUN 81981 s mayor Verret Mr. Lacasal He has to get out to a wedding by 6 o'clock, Go ahead. Mr. Bob Klausner: Mr. Mayor, members of the Commission. Together with Walter Rodek representing the Fraternal Order of the Police Lodge 20. Here is an issue, which has come to our attention of late, of significant importance that will be a dramatic effect on this City's entire Affirmative Action Program. The Police Department has recently adopted a method of promotion, whereby one minority member is passed over in promotion for another minority member, with- out any reasoning whatsoever, being presented to the Civil Service Board or to the effected employee. Further, the Police Department has adopted promo- tional standards, which will evaluate the associations that people join, whether or not they're outspoken, in terms of their beliefs, and what's right and wrong in the Police Department. Where they are evaluated on their physical capabilities, even when they may be disabled, as a result of an injury inccured in the line of duty and in service to the City. As a result of this promotional policy, both the letter and the spirit of the Consent Decree, have been vio- lated. The collective bargaining agreement between the City and the employees are being violated. And the Civil Service rules, as been adopted by this Commission, are being violated. This matter has been brought to the Civil Service board attention, but the issue goes beyond that, bcause this Commission has generally set a policy of moving forward in the area of ,affirmative action for the Police Department and, if we are to continue to have a police department that is unified rather than a police department divided along racial or ethic lines, then this issue needs to be addressed by this Commission. Mr. Plummer: Well, give us a specific. Mr. Klausner: I will give you a specific, Commissioner Plummer. When the new Civil Service rules were adopted back in 1979, it was you, Commission Plummer, who said you were concerned about putting all that power in the hands of one person, because you were afraid that it would result in abuses and a return to the spoils system and that's exactly what's happened. For example,... Mr. Plummer: In your opinion. Mr. Klausner: Mr. Plummer, when an employee, without reason, scores higher on a promotional exam, who is a member of the affected class of the Consent Decree, who sought to remedy, is passed over for another member of the affected class, without any reason stated, and the methodology by which that person farther down the list is promoted, doesn't comply with the old Civil Service rules, the new ones, the Charter or the collective bargaining agreement.... Mr. Plummer: My friend, I have no problem with that statement, but, don't say what I said before, has happened. It's your opinion of what I said has happened. Mr. Klausner: Commissioner, I think that we can see it. The fear that you expressed, you will see, has come to fruition. Mr. Plummer: Because you didn't even term....you didn't quote me properly. My fear was that we were setting one individual as God. Mr. Klausner: Mr. Commissioner, the manner in which the police department is promoted is, instead of God making man in his image, the administration's police department is seeking to make the entire departments in their image. For example, on the promotional register for Sargeant of Police for Patrol, from Policeman to Lieutenant, you had an Anglo female passed over and a Latin male promoted. You have Latin males and Black males skipped over and a Latin male promoted, yet no where do these persons fall within these group of 5 plus 3, which the new Civil Service rules say They certify the five highest names and if you don't meet your hiring goals within those five, you may cert- ify additional 3 names from the affected class. These promotions are taking place outside that rule of 8. Yet more than that, within this rule, these 77 JUN 811981 1 . i Mt. Klausner: (continued) these protttotions art takih§ place, because people are not on the "A" team, as we call it. And what's the "A" teams The "A" team is whether or not you're... Mayor Ferre: Tell us about the "A" team. Mr. Klausner: The "A" team is whether or not you're thinking is in line with the powers to be in the Police Department. If you question an order, because you find it illogical or wasteful to the City and you mention it to your super- visor... Mayor Ferre: would you say Commissioner Carollo might be on the "A" team, if he were a policeman? Mr. Klausner: I don't think Commissioner Carollo would be on the "B" team or the "C" team. I don't know if the company would put that many letters in the alphabet. The problem is that what this City's policy has been is that when the Police Chief or any other department head wants to pass someone over, he's got to have a non-discriminatory reason for doing so and the judge of that non-discriminatory reason should be the Civil Service, who represents the employee organizations and representives appointees of this Commission. Mr. Plummer: But, that isn't what the Consent Decree said. Mr. Klausner: The Consent Decree said that the City should promote and hire additional persons out of these affected classes, so the workforce in the City at all levels, more closely resembles the ethic and racial breakdown of the community. Mr. Plummer: No. No. Go back, my friend. Now use the terminology of the Consent Decree. Mr. Klausner: That at no time should you pass over somebody who is demonstratively superior. Mr. Plummer: Yes, now, you're coming home. Now you're coming to the crux of the matter. I said then and I will say now that no one individual should have the right to play God and say you are more demonstratively superior than this one. Let me finish, please. I predicted it then it would happen. I predicted at that time that it was going to cause disension and I voted against it. Be- cause I voted against it, I was anti everything. Okay? ANd here we see... Mr. Carollo: And you still a member of the "A" team, though. Mr. Plummer: You're damn right, baby and don't you ever forgot that I will always be right there, at the head of the whole thing and the "A" team. Mr. Carollo: But not the "A" team you're thinking about. Mr. Klausner: Commissioner, if you will recall, we agreed with you 2 ycdrs ago and we agree with you today. Mr. Plummer: But, you see it was not the majority of this Commission's think- ing. And its still not. Mayor Ferre: Let me talk from... Mr. Plummer: And I respect that right of this Commission. Mayor Ferre: Since I voted with the majority, let me, Mr. Krause, be- cause I want you and I'm sorry that Father Gibson is not here. Can we wait until Father Gibson... AT THIS POINT, THIS ITEM WAS TEMPORARILY DEFERRED 78 JUN 8 1981 Mr. Plummer: Mr. Mayor, while we're waiting, may I thank you for showing me a couple of items on this. Mr Mullins still here? Mr. Mullins, I don't know if it was by intent or design. I know you to be a honest man and my neighbor, but, Sir, there are only 20 firms listed on this, yet, your backup material says there was 26. Sir, your backup materials say there was 26 bids, all right, Sir. I'm also concerned where it states, for the record here, question mark that you don't even know whether the bids were received or not. That concerns me. All right, Sir. And then, I'm also concerned when there was a bid that was tried and put together, but it was refused by the City Clerk. Another one says, they didn't have enough time. You see, I'm not really find- ing fault with the situation to the extent that were not having competitive bidding when you get one bidder. I want to do everything in my power to encourage competitive bidding. But we're not getting it. I'm getting ex - cues of why we're not. Look, I don't want to take up any more time. We're going to address at another issue, because I'm going to call these companies. All right. You know, I question what does a swimming pool doing, to ask to bid on the Orange Bowl. To clean the Orange Bowl? I don't know of any swimming pool in the Orange Bowl. 34.2 CO:�'TINUED DISCUSSION OF PRO110TIONAL STANDARDS AND PP.ACTICES WITIII THE POLICE DEPARTME11T (UPWARD MOBILITY OF ?tINORITIES) (SEE LABEL .: 34) Mayor Ferre: We'll come back to that. Father, I wanted...I wanted to wait until we were all here, becaase I just wanted to make a statement, since you were part and parcel of all of this. J.L., is right and I agree with the state- ment that he made and I remember that he and Rose Gordon, as I recall, against it for different reasons, by the way. J.L. made the statement that he didn't want to put it into the hands of any one person the ability to play God. The majority of us, despite that warning of danger, nevertheless, agreed that we would try to forward, because we had a dismal record in the city of Miami of affirmative action. And, since we have been trying to work with the Justice Department, so that we could get upward mobility of Blacks, Latins and females and have an increase from the outside, went along with these new Civil Service rules. You know that they were challenged and so forth and so far, I think, that we have moved forward. What is happening now and what kind of shocks me is, especially, from Mr.4rause who I always considered to be a very, I guess the word is, no longer liberal,....we, liberals have to be careful not to call ourselves these days,...we call ourselves progressives... Mr. Plummer: As I remind you if I wasn't on this Commission none of you would be liberals. Mayor Ferre: That's right. We're not liberals anymore. We're progressives, those of us now, are classified as progressive. I thought, 14r.Krause, that your ability, your focus was of that of a progressive human being, who under- stood the aspirations of minorities. I read very carefully your memorandum to Howard Gary of May 22, which is basically, I guess, in answer to the questions that Dick Fitt asked you in the April Civil Service Board Meeting. And now this is where we are and this is what this is all about. The Consent Decree was never intented to be yours or the administration could play politics in deciding which one of the minorities it wanted to promote. The Consent Decree was made and we agreed to it and those of us who voted for it was so that Blacks, Latins and women would have an opportunity to ascend. Not to play politics as to which one could ascend or the City Manager or that the Police Chief or the Assistant Chief could decide he likes candidate B more than Can- didate A. The thing is that if an exam is given and if there is a Black, who is number 6, you cannot go and take number 20 and substitute him over number 6, just because you like him more. That was not, that was not...when I voted for this, that was not my intention. I don't think that was the intention of Manolo Reboso, qho was here at time and subsequently, Armando Lacasa who also voted on it nor was it the intention of Theodore think and my only concern, I want to be very honest with you, Counselor and Wally, is that I want on the record that you're not going to go back and use this to go back and attack this Consent Degree again and try to get it thrown out on a technicality of any sort, because I would think that would be a big P9 JUN 81981 �..... _ gg 5S�(' t �F N F ryjy e�i jft Mayor Ferre: (continued) step backwards, if that was the intention. Let MO finish. I see Jerry Silverman is here, who is the Chairman of the Civil Service Board. I would like to get his input, because I understand that they have taken a stand on this and I think that this is very serious business I cannot understand how anybody in his right mind really could assume that when Evo Alvarez and Emilio Caberra turn out to be number 15 and number 16 on the register that a person, who is number 35► as I understand, on the register or 26, excuse me, is the guy who ends up with the Lieutenant's job. That was not our intention and i* you need clarification, I'm ready to vote on it today. I'm sure that the Civil Service Board will do the same thing if they haven't. And I want to make this clear, because it is the intention to get Blacks as well -as Latins. I don't want this thing used in such way so that because of the confusion of what minorities is, that we end up with a lot of Latins making it tip the ladder and Blacks, you know, because they're not minorities, that that isn't the intention. All right, that maybe part of the problem, but we've got to find part of the solution, because the fact is that there is a Black male somewhere on this list. Mr. Carollo: Mr. Mayor, while you're looking for that, can... Mr. Rodek: over. Mayor Ferre: Mr. Rodek: Mr. Carollo: of that. Mr. Rodek: Mayor Ferre: on the Sargeant's list there's two Black males that were passed Where's that? On the Sargeant's list And what numbers were they for? Because we don't have copies Willie Gorden is 13 and Jessie Williams was 15. And who were the guys that were appointed? Mr. Rodek: The promoted number 16 Jose kelite, a Latin male. Mayor Ferre: Is he Black? Mr. Rodek: No, he's a Latin male. Mayor Ferre: In other words, they skip,?ed over 2 Blacks and then appointed a Latin. They skipped 13 and 15 and then appointed number 16. That was never the intention. Mr. Gary: Let's clarify the record. or we're talking about the promotion of the Lieutenant exam? Mayor Ferre: And the Sargeant's. Mr. Klausner: AT the same time they, to that same Latin male. Mr. Carollo: What number is she? also, passed over a Latin female to get Mr. Gary: Mr. Mayor, I would suggest that in view of the serious allegations that are made and over all estimate of the problem that exists that after they have had an opportunity to discuss the issue, that we be given an opportunity to be heard. Mr: Carollo: What number was that Latin male that was skipped? JUN 81981 Mr, Xlausher: on the Sargent's list a Latin male ranking number S was passed over, A Latin female number 11 was passed over and Blacks males numbered 13 and 15 were passed and a Latin male ranked 16 was promoted. Mr. Plummer: Can I tell you all something I just recalled to my memory and Father I'm going to point a finger at you, because you're the guilty party. I begged this Commission at the time and I'm sure the record will reflect, don't let any one man be it Bob Krause or other, play God. Make a committee of 5 people, my same wording then as you would, 5. Rev...Gibson: We can't tell you, the public, what's that is all about. Mr. Plummer: A 5 member. —that you formulate a 5 member board who would be making these decisions. Father, I'm sure that the record will reflect that I promise you we will address that in the immediate, near future. I agree, don't let one man play God. Mr.Krause, obviously you must remember that. Am I wrong or out of context? Mr.Kraus: I remember what you said, but I believe you're saying is out of context in that I'm not the person who makes promotions in the Police Department. Mr.Plummer:At that time you were. All I"m saying to you is this that that Board I asked for, Father promised we would address, was never created. Was never created. Okay? Mayor Ferre: I'll let you before we get the administration on the record, are you finished now? You made your statement, and.. Mr. Klausner: I just want to address one other thing and that was the concern you asked to whether or not what the police feelings are towards the affirmative action and I think Mr. Rodek has something to say very briefly on Pedro The point is this... Mayor Ferre: Wait a minute, I want Howard to listen to this. Howard, because this was something you and I talked about this morning. Mr. Klausner: Mayor, white Anglo males do not constitute all the people in our bargaining. We have officers, who are women, who are Latins, who are Black, and we serve them all equally and we have an obligation to all of them equally and we support affirmative action, but what we've argued with is the methodology, which, now, has seemed to have broken down. And at any time, we're prepared to sit down and talk about. Mayor Ferre: Counselor, I just don't want whatever happens here to be used as a procedural way before a Federal judge. Is this is all screwed up and we really need to re -think this and even the Commission is confused and let's throw this affirmative action out, you know, because, it's not working. I wouldn't want this to be a wedge on that and I think it- a c^nc-rn .. Howard pointed out to me and I completely subscribe to that and I jLst to get it on the record that that is not the intention .... Mr. Klausner: It is not union, but will be. Mayor Ferre: Then before we get to the administration, Mr. Jerry Silverman, who is the Chairman of the Civil Service Board, will you bring us to date on what you've done. What all of you stand? Mr. Silverman: We haven't done anything. Mr. Klausner pinned it on the last meeting and made these charges. We had those charges typed up and submitted to the administration for their response. They have responded. We have a meeting tomorrow morning at which time we'll take the charges and the responses JUN 81981 k � t t :r I�4 �5� t[ 7' is . 3 � ­ � ei'1 t E r_tvihi - sii v4i F six Mr. 9ilvei &ht (cohtinued) and 1 can't speak for the Board, but t ifnagine that we will schedule a public hearing and invite the police Chief here before us and discuss this. So far, we haven't taken any action: Mayor Ferre: Okay. Mr. Manager? Mr. Gary: At first, I'd like to let Bobi;rause explain in general the te- quirements of the Consent Decree and the general philosophy of what we've been doing and then, I'd like for Chief Cosgrove to explain the process that is currently being used. Mayor Ferre: I want you, Mr. Cosgrove, when you address youself, since you've been.part and parcel of this a long time, to address not only, the crossed T's and dotted is and the commas, but the spirit of what we were trying to achieve and you tell me, how your memorandum of May 20th addresses that. I want you to address yourself to the spirit of affirmative action and upward mobility of minorities within the City of Miami Police Department. Mr. Krause: Mr. Mayor, members of the Commission. I have a very short pre- pared statement, which I will get to, but I'd like to make several very brief comments before I do that. One is that Mr. Klausner is right in referring to certain Black males on the Sargent's list who were not promoted in sequence. He neglected to tell you that a Black female was promoted to Sargeant and was the highest ranking Black on the register. Mayor Ferre: I'm not worried about the one who is the highest ranking re- gistered Black. I'm worried when you skip over number 13 and 14 to give it to number 16. Mr. Kraus: Okay, well...that was on the Lieutenant's register and Mr. Klausner's comment had to do with the Sargeant List and part of the problem with both registers and promotions within the Police Department is the need you mentioned to assure that Blacks, Latins and females are promoted in some proportion to their numbers in the applicant pool, in order, to comply with the Consent Decree. Mr. Silverman mentioned that he had asked me for a re- sonse, written response, to the comments that Mr. Klausner made at the last meeting, I have done that by a memo dated June 3rd, which I think was Thursday of last week. I submitted a memo on the application of the Civil Service rule. On the same day I sent that to Mr. Gary with a one page cover memo with the expectation that that would be forwarded to the Commission. I think be- cause of the fact that you pushed this meeting up that some of the stuff I got in late did not get submitted to you and I just talked to Mr. Gary and he said he would forward this written material to members of the Commission, so there's no need for me to discuss this today. I would like to read the brief statement which addresses the point you asked, the spirit of the Consent Decree. It seems to me that this is the most issue affecting equal employment opportunity that we have discussed in the last 2 years. For that reason, I think that I should concentrate this statement on the regulatory requirements that apply to employee promotions. All employers in the United States are now governed by a variety of Federal laws and regulations and court decisions. It is no longer possible to have a single procedure that applies to all cases. Un- iform procedures inevitably lead to adverse impact to some group, which is a violation of the Federal requirements. I've got 7 of them that I would like to mention very briefly. First, we have the Supreme Court decision in the Webber case, which stands for the proposition that an employer may take volunt- ary action to remedy the effects of past discrimination. Secondly, we have the Bakke decision, . which says that we can't reserve spaces for minorities on a basis that excludes any group from the applicant pool. For example, ex- cluding Anglos is in the Bakke case. Third, the Griggs decision says thlt an employer can't use tests that have an adverse impact, unless the test comply with Federal guidelines. Fourth, there are Federal testing guidelines J Mr. Ktause:(continued) that say we can't rank candidates in the order of their test scores unless we made a 'very heavy burden proof and the Federal Court has ruled that even a valid test in Mobile, Alabama cannot be used to rank candidates for Police Sargent. The Court, therefore, ordered that all the candidates who passed the test be certified for promotion in order that the department could promote among all persons who passed the test. Mr. Plummer: Do they do it with a coffee can as we did? Mayor Ferre: That was a better system. Mr.Krause: I'm not quite sure how they did it. Mr. Plummer: One fifty thousand dollar coffee can. Mayor Ferre: At least it was an impartial way of doing it. Mr. Krause: Fifth, the testing profession recognizes that there is always what is called a "standard error of measurement", that is, all scores within a certain range in a test mean the same thing. Mayor Ferre: Standard what? Mr.Krause: Standard error of measurement. It's a sampling error of the same type of thing...... Mr. Plummer: Is that the same type of sampling error that was done in the fire department when they had the promotions and they found out that they were using the wrong answer sheet? Is that the statement of error? Mr.Krause: No sir. The standard error of measurement is an error in sampling, which occurs because any test is only a sample of the total amount of knowledge that's required to do the job. What it means is that if you had a half dozen tests with the same number of questions, but different questions, the same person would continue to get different scores. Mr. Plummer: Okay. All right, I misunderstood. Mr.Krause: Six, Miami City has a Consent Decree which says that the goal of the City is to achieve a workforce that represents Blacks, Latins and women in proportion to their numbers in the labor market. Seven, the Justice Department has told us that we can achieve this objective either by creating sub -goals for each group or by assuring that we do not have adverse impact against any of the groups. There are, also, other requlations, but this illustrate the complexity of compliance. Any procedures that does not allow some flexibility will place us very soon in violation of Federal requirements. what we have now is the Civil Service Rule which provides for minority and women candidates to be referred on an equal basis with people who achieve the top scores on a test. The rule does not exclude any group from consideration. It permits the ranking of candidates according to test score without requiring that they be appointed in that same order. And the rule permits some limited flexibility to each department director in assuring compliance to the Federal requirements. THe Legal and Theoretical. Foundation for this process is the concept that all candidates who are certified or referred have an equal opportunity to be chosen. THe one characteristic that almost all Civil Service systems have in common in the provision for making a choice amoung qualified candidates. This began when the U.S. Civil Service system was adopted 98 years ago. Miami has used the same rule for hiring, but not for promotion. The main purposes of the rule in the beginning was to help assure that people would be chosen on the basis of their overall ability and not on test scores alone. During the last decade there has been a series of changes across the country to broaden the area of the choice, primarily for reasons for affirmative action. The Federal Civil Service, for example, does not use written test for promotion. 83 JUN 61981 � t SS MY.Ktause:(continued) The National Civil Service League since 1970 has re- commended that everyone who passes the test be referred for selection and other cities, counties and states have adopted provisions similiar to our own in referring minority candidates. Thus, the Miami procedures now stands in the mainstream of American Civil Service. It is reasonable to ask if this system can be abused. The answer is yes. Abuse is possible in the same way that other administrative responsbilities can be abused, yet this rule or one similiar to it, is necessary to assure compliance with the broad range of requirements that now apply to employment and promotion. The second question then, is whether the Civil Service Rule has been abused in the case of police promotions. Police Department can provide the best answer to that question by explaining the procedures and standards that it uses in selecting candidates for promotion and Assistant Chief Cosgrove is here for that pur- pose,.. Mayor Ferre: Mr. Cosgrove, before we hear Chief Cosgrove, let me ask you. In my memorandum, which I hope that you would have a copy of...would you give Mr.Krause a copy of the memorandum. This is your memorandum and it says the results of the examination. There's a list behind it. On the second page of the top there's a gentlemen by the name of Charles E. Daniels. And when the classification is crossed out would you tell me what Mr.Daniels is? Would you tell me was the only PM on that list, as I understand. Why is his name crossed out, do you know? Where is says BM. Why is that crossed out? Top of the page. I assume, Sir? Does that mean BM? I see from the Chief's nodd- ing and from J.L. said that I would assume that Mr. Charles Daniels is a Black male. Was he the one that promoted? He was not. I see. Who are the people out of this list of 47 who were promoted? Mr.Krause; Under the Lieutanent's register? Mayor Feere: Yes sir under the Lieutanent's register, which is this memo- randum given to the Commission, Item E, May 26th from Howard Gary and a May 22nd memorandum from you, Sir, lir. Krause with the result examination attached to it. I just have a question as to who was promoted to Lieutanent? Mr. Gary: Number 2 and Number 26. Mayor Ferre: Number 2 who is Mr. Dean Dijohn and Number 26 Mr. Eugene Tailes. Those were the 2 that were promoted. So number 2 and 26 were pro- moted. Before you got to number 26 you skipped over two other minorities, Black male, 15 and 16. Let me ask you this. How many Black Lieutanents are there? And how many Latin Lieutanents? How many female Lieutanents are there? Mr.Krause: At the moment I don't know the answer to that. Mayor Ferre: Does anybody have the answer to that? Mr. Gary: We have that data, but we don't have it with us at that time. Mayor Ferre: Mr. Gary: Mayor Ferre: Well, let me ask you this. Are there any Black Lieutanents? Perry Anderson, is one. Chief? Perry Anderson. Mr. Plummer: He's not a lieutanent. He's a major. Mr. Gary: Perry Anderson is not a major. Mr..Plummer: Oh, excuse me, I'm sorry. Mayor Ferre: Perry Anderson is a lieutanent. Do you now of lieutanents other than Perry Anderson that are Black? Sir? 84 JUN g �oA1 Fi kj Ire - t f Mayor perre: Homer Lanier. Those are two. flow many Latin femalealieutantents? do we have? Do we have any? Two? Samora. Do we have any Mr. Plummer: Well, I thl�th�.Mayor, takethe thequestion there they'rehas not eligible. to be asked how many took the test? Y don't Mayor Ferre: well, see, there's an Anglo female, there are two oAngli•females who passed the test, 46 and 47. Sse► I think, that I'm trying wouldn't feel half as bad, frankly, if.... Mr. Plummer: 46, isn't ....Oh, 45 and 47. I wouldn't feel half as bad if in those two pro - Mayor Ferre: 45 and 47. motions you had promoted a Latin and Black. I still would have made my the point ustone here► but, as I sense this thing. This Ilmxjlty thing, I person on this commission. statement you made. I just don't buy. Mr. Carollo: Wally, there was an article that appeared in the Miami News last week sometime that quoted you as saying to the effect, 'this is the spoils system at work'. Do you really feel that way? That way this is happening is because there is a spoils system? Mayor Ferre: I'm sorry. What was the question? Mr. Carollo: The question I asked him, Mr.Mayor, if he felt as he was quoted in the Miami News last week that the reason this is happening is be- cause of the spoils system. I want to know if maybe I"m looking at this the wrong way. Apparently, I'm not, because the President of the Fraternal Order of Police, the body that represents the vast majority of our police officers, feels that way, then, apparently, I'm not off track. What I'm saying... other conclusion can I come to in seeing this here? Mr. Gary: Mr. Mayor, can we finish our presentation by having Major..... Chief Cosgrove, excuse me..... Mr. Plummer: Let me ask one quick question,Mr•Krause. As I recall, the Consent Decree was a 5 year plan. Where are we in that plan now, Sir? Mr.Krause: About 4 years and 2 or 3 months into it. It is scheduled to expire Mfay 29, next year. I'm sorry March 29th. Mr. Carollo: Mr. Manager, may I ask where is our Police Chief today? Why he's not here today? Mr. Gary: Our Police Chief is in Washington, D.C. with other big city police chiefs talking about what can be done in conjunction with the Senate Committee on drugs. No, this is a continuation. This is the police research foundation headed up by a former Police Chief of New York, Patrick Murphy. Mr. Carollo: The reason I asked, I can understand that he could have other things more important than this here, but it seems that every other time I read the paper I'm reading that our Police Chief is out of town for reason or other that we can't get hold of him. I just think that Miami is where we need a police chief. Mr. Plummer: Did I read that somewhere in this batch of papers these are re- commendations that are usually made by the 2 Assistant Chiefs. Mr, Gary. That's correct. Mt, Piwder., These areas. 'Then, I assume that whir the Assistaht Chief, ohe of them that makes these decisions and red6ftlehds to the Chiefs is here to defend it. Is this correct? Mr. Gary: There's 2 reasons. Mr. Cosgrove: Mr. Mayor, members of the Commission. Essentially what I'd like to do is give you a historical overview of how we got where we are right now and the criteria that is being used for comparing promotional candidates. When the rule changes went into effect in 1979 we were faced with a situation were we were given a total of 8 candidates for each ... well, for the first position that was open either in Sargent or Lieutanent or Captain's level and was it was Mr Krause's opinion in that time that the Police Department would have to select a criteria for selecting the people and vacant positions that we had of those 8. As you went past the first position, it became necessary to have an additional minority candidate and rank order and referred for a total of 10. So if you had 2 positions, you had a total of 10 applicants that were referred by Human Resource Department to the City of Miami Police Department for consideration and promotion. It was, also, provided to us at that time as a result of interpretation of the rule that it was the Police Department responsibility to select a criteria for selecting the personnel from those personnel referred to us. And all those personnel had an equal opportunity for promotion, if you will, once compared with the criteria that was established. Essentially the process we went through to develop that criteria was discussed with former City Managers, Grassie, Fosmoen and Mr. Knox was involved to some degree,:"r.Krause, Ron Cohen from the Law Department, Fred Deutchman, our legal advisor and presently, of course, current City Manager, Mr. Gary. We also obtained a considerable amount of information from management associations throughout the country in terms of what police departments were doing in their promotional process where they did have the latitude to select from a group of qualified applicants. So, we took theat information into consideration as well in terms of developing our criteria. Essentially we have 18 different areas that we compare candidates with and I'd like to go through those with you, one by one, as what is being compared between the candidates as far as their eligibility for promotion. One of the things we're looking at the present time is education and we do feel that is a benchmark in terms of creating... Mayor Ferre: I'd like to follow you with a list. I think I've seen that some place. And that's...that criteria list is something, because that brings up some questions about height and things like that. Mr. Cosgrove: I will address those as I go through, if you like. In the area of education, what we felt and what most of the research does in- dicate to date, is that does create a bridge of understanding, if you will and particularly a tolerance of differences, which we feel is pretty import- ant at this time when serving a multi -ethic community such as Miami. I do think that it would be appropriate, too, to indicate that all of these criteria, none are selected in a vaccum that would preclude a person from promotion, but they are all taken together in terms of trying to identify the best personnel to be promoted. In addition, prior assignments are considered, which is an experience type situation, schools attended, which provides some degree of input in terms of a candidate's experience and knowledge, basically, a skills inventory of that person's contribution to the Miami Police Department. One of the controversial issues that have come up here that I think that has been taken completely out of context from its orirginal intention, was the involvement of community and civic organizations. It was not our intention whatsoever to get involved in a person's political process or their personal organizations that they be- longed to on off -duty capacity or anything like that. Our purpose here was to identify personnel in our Police Department who were candidates for promotion, who demonstrated ability to work with and through people in the community to get the job of policing done effectively. And it was these } } 01, 5 Mr, Coegrove:(continued) otgani2ati6ns that people belonged to on a on -duty eapacity that we're interested reviewing and considering for potential can- didates for promotion. In addition, we have commendations, reprimands and employee performance evaluations that are considered, which is really a indication of a person's prior track record is going to provide you a good predicator for future performance and we do believe that reviewing these areas is going to provide some input to selecting those personnel who are most qualified int the promotion process. When you get into the height and weight area there is a considerable research that has been done in policing in terms of supporting height in proportion to weight and effective job performance. We have set up standards within the city of Miami Police Department that takes weight proportionate to height into consideration in the evaluation process and -when you get on with the business of performing effectively as an officer and the many physical requirements that are there, we think that this is a very valid consideration to take into consideration for promotion process. Mayor Ferre: Let me ask you, how do you deal then with women, who wish to make it up the ladder and become a lieutanent and how do you deal with Latins, not as all .... as you know, most Latins are a little, the average height, I would imagine, somewhat less. Mr. Cosgrove: We have no height criteria at the moment. We're talking about weight proportionate to height, which means, if you have a person who is 515" there is a certain guideline that has been established by the American Medical Association and the Cedars of Lebanon. Mayor Ferre: So, in other words you're not saying that anybody that is under 518" is not going to be hired? Mr. Cosgrove: Absolutely not. That would be a very foolhardy criteria to establish and we concur with that. We have also found that people who are obese or have a tremendous weight problem are more prone and susceptible to injury and sickness. We do have a heart bill in the state of Florida. At the present time, where disability can take place and there is adequate docu- mentation to indicate that obesity and overweightness contributes to heart disease. In general, we do feel that the height proportionate to weight cri- teria that we have established is reasonable. Now, generally medical stand- ards to date, indicate a person who is in 20% excess beyond the standard weight tables, is considered to be obese. We set a guide line for the Miami Police Department to have people within 15% of that, which is only 5% away from obesity is quite reasonable in terms of the standards we have established. In addition to the height proportion area, we are also considering a person's productivity in terms of his previous preformance in the department, depending on the nature of his job, his court profile, which means the record of attend- ance for required court appearances, dependability, which identifies potential for abuse of ill -time and patterns of usage, compliant profile, both the ad- ministration and internal security levels. And, we also, evaluate some areas that don't lend themselves to a paper and pencil test process, if you will and that's the ability to work with and through the people in the community and in the Department to get the job done. Truthfulness in terms of their previous involvement with the Department. A committment to the effectiveness of the Miami Police Department and the direction that we're trying to achieve in policing this community. The image that an individual has both in the community and the Department and lastly, a candidates interface with the organ- izational needs. Once we go through all this process, we take a profile for every candidate that is referred to the Miami Police Department for promotion and we run down a profile involving all these items. Then, we go about the business of separating that we feel to be the most qualified, qualified, least qualified for that particular group based on input in this criteria. And the most qualified, of course, by rank order would be promoted in that process. There are some areas here, I think, that would be appropriate to mention to the Commission as well and that there are a lot of items that you cannot be measured, that we feel should be taken into consideration in the promotion process that do not lend themselves to the measurement of a pen, 1 F� Mr. Cosgrove: (continued) pencil and paper type test and that it a lood ek- ample here in Miami, I think, is the ability of an employee truly to be effective in policing in a multi -ethic community and is not going to be shown in a paper -pencil test. In addition, whether or not a person has the courage, for example, to call another officer off -sides in supervisory or command level position, that will not show iip in a paper and pencil test. I think that the disaster that we had during the McDuffie situation is a classic example of a supervisor's inability to do that and something that we should consider in a promotional process. And basically, you have to consider some of these sub- jective as well as pure objective criteria in making decisions associated with promotions. There is another parallel that I'd like to strike in making this presentation to you and that's the fact that we had over 2,250 applications submitted to the Miami Police Department of which 203 will finally make it by October 1, 1981 of this year. That means one in approximately eleven people have made it to become City of Miami Police Officers. All these people go through an initial pen and pencil test as the initial factor of determining whether or not they have the skills and the abilities to perform as police officers and this is conducted in and put on by the Human Resource Department. Once they pass that test all those personnel are referred to the Miami Police Department for what we've termed a background investigation, which goes into a total, complete history of that individual in terms of their employment, their schooling, their arrest record, anything else that would impact in the person's ability to perform in the Miami Police Department. I don't think that we should be any less cautious or any less concerned about promoting people within in our police department as we are recruits that are coming on the Department, in terms of checking into their backgrounds to determine the best qualified personnel to be promoted to supervisor and command level posi- tions in the Miami Police Department. We have been very successful in this process. It has not provided a problem in terms of affirmative action with our...we have hired an excess of 821 minority personnel of those 203 personnel that I just mentioned. We have also met each year with the Consent Decree in terms of the promotional goals, which this year is 43% for the Miami Police Department and I believe, that it could be best coined as a subterfuge that this process is in anyway going to impact on the City of Miami Police Depart- ment affirmative action program. Because it has not and will not in the future. Lastly, what I'd like to indicate, in terms of comparing our pre - entry levels selection process and the current promotional process, that we are employing in the Miami Police Department, is considered by many police agencies throughout this country. We have had a tremendous amount of in- quiries from other professional organizations in terms of the work that we have done to date to make sure that we don't have a process which truly only selects people, because we like them or anything like that. But I think that we have a very objective criteria here that we can be very proud of in the City of Miami Police Department and I think that our record to date in terms of promoting the most qualified people, in fact, will stand on its face. Thank you. Mayor Ferre: So, in other words, Chief, theree is no such thing as a Group A or a Group B and all that kind of stuff? Mr. Cosgrove: We use the criteria that I showed you right here,Mayor and we feel that it is an objective process and there is one comment that I would like to make to the attorney here, Mr.Rodek. When we sit down and interview each of these candidates, we go through that profile item by item and tell them what their strengths and weakness eye ball to eye ball and face to face, in terms of where they shore up and comparing them with other candidates. That is part of the promotion process, portion of my responsi- bility and that information in turn is passed on the Chief of Police for re- commendations for promotion. Mr. Plummer: May I ask one question? Mike, one thing that I didn't hear you say that somewhere along the line I heard said and I think its very im- portant, that all through this process you work in constant contact with JUN 8 1yg1 $ � 4 mr, Plu tebi (continued)Mr. ,quite Padgett, Who sits on top of this process as a monitor and he has approved it every step along the way. is that a correct statement? act Mr. Cosgrove: I do know that the PadgChief ett.ice has restbeen in assureddandcl didknow about these procedures with g feeling is that he did go these verbatim with Mr. Pageant in the past. My that if there is any problems with Justice Department long before would have been brought to the forefront to the Mr. - plununer; Mr Arause, are you familiar with this that I speak? Mr Arause: The promotions that we're talking about are the first series of promotions that were made under these standards that Chief Cosgrove has been discussing. so when the promotion papers came to my desk the first thing I did was to check to see whether the people being promoted were on the certi- fication list to see if we were in compliance with the Civil Service rule. They were, so the Civil Service rule was complied with. Because of the fact that this was the first time that these standards had been used and also be- cause of the fact that I always check with Mr.Padgett before we process police promotions, I called him and I discussed with him the fact that there names being promoted not in sequence, not in rank order. He wanted to know why. I called the Chief. I called Mr. Padgett back. I explained to him. He said he would discuss it with his superior. He did. He called me back and said it was all right, go ahead make the promotions, but he said, 'I'm coming to Miami in the near future. I will want to discuss this with the Chief'. He came down about a month ago, maybe 6 months ago. I've kind of lost track of the date. He met first with me and then he asked me to go with him to the Chief's office, which we did. We spent about an hour in which Mr.Padgett inquired of Chief Harms what the process was, what the standards were, how the promotions were made. He did not inquire into the merits of individual cases. lie's always made the point that it's not his job to tell us which individuals to promote. He is, of course, interested in assuring that we comply with the Consent Decree. Mayor Ferre: Yeah, well... Mr. Plummer: Wait, let him finish now, because this is very important point that I want to make. Mayor Ferre: Precisely. And that is the one I want to address. Mr. Plummer: Go ahead. I'm waiting for him to finish. Mr. Kraus: Okay. The net result was that Mr Padgett indicated that he was satisfied with the procedures that were being followed and that the Justice Department would not object to the promotions that had been made. Mr. Plummer: Mr.Krause. I asked the question, may I...? Mayor Ferre: After you've finished, I would like, if I may, to address that, before you go to your next point. Mr. Plummer: 4r.Krause this is the second meeting in which this discussion has taken place. Today's meeting is almost an hour old. And that has not been brought out the first time. You sat here,'4r.Krause, last time and let all these issues be raised and let the Chief take the blame. The finger was pointed and you did not in any way make the comment that every step of this procedure had been gone through Mr.Padgett., he was aware of and approved. I don't understand that kind of reasoning,Mr.Krause, if you were aware that the man, who is in charge of monitoring, had said he has no problem with that. DO JUN 81981 � jj d i Y Ski uY { Mf, plumer: (continued) And yet, we read in the paper and we hear discussion which states it was the Chief who did it. Not the Chief did it with the appro- val of the person who was by the Federal Government to monitor, that the Chief had surrended 18 evaluations to the man who was to monitor. Mr. Krause, I want to tell you, Sir, that's not playing fair. Mayor Ferre: I'd like to address this issue, because I think that we're miss- ing.... Mr. Cosgrove: Can I respond to that? Mayor Ferre: No, I'd let you, .ay I just further deepen this thing, but because I don't think that's fair and I want to explain to you why. The Ju$tice Department and Mr. Squire Padgett is not involved with what's being done here, but because what is being done here does not address the specifics of minority upward mobility within the police department and what this does address and what is exactly the point, is that the issue of the Consent Decree is being manipulated, if you will, to address something else which has nothing to do with the Consent Decree and that is the whole point. Let me finish, please. Mr. Plummer: I apologize. Mayor Ferre: Let me finish. Now, the whole point simply is that the Consent Decree was for the purpose of assuring that Blacks, Latins and women had the opportunity to ascend. It did not address itself nor it can it nor it should address itself to the question, what Black, what Latin and what woman. Now, what the administration is telling you, through what the Chief h4s ust said � and what Mr. Krause has said and what 1 understana tnem to say, is Ildt tn,=y want the prerogative through a list, which they've read, which reads pretty good, on weight, height and civic involvement and this reason and that reason, to select within 37 applicants who passed muster and passed the written test. And the statement is that there should be other criteria other than the paper and pencil work that determines. Now mind you, in the old days, the bean can days, when names were selected the procedures was a little more rigid and that in effect might that we could not reach down and get minorities who were qualified and that was a system that structurally precluded minorities and women from moving up. That was what the Consent Decree was all about. Now, we've got the Consent Decree and what's happening is that the Consent Decree is being manipulated, so that .... and this has nothing to do with the Police Department.. I would feel the same way, if it were true in any other department, it just happens to be the Police Department that happens to be before us. But, the point is, that what in effect we're doing is, we're skipping over Latins, we're skipping over Blacks and we're permitting within this list of 47 individuals, all of whom according to the test, passed and therefore, qualified, to permit the administration to, in my opinion, arbitrarily select and I don't think that's fair. Now.... Mr. Plummer: I will reserve the right as a Commissioner to speak when the Mayor is completed. Mr. Carollo: When you, gentlemen, are finished can us, peons, nave a little time? Mr. Plummer: Well, I hope that you're a gentleman, Mr. Carollo and would be.. ....I will think of you in that way. Mr. Mayor, I would hate to think that we, the Commission, in anyway, whether it be the Police Chief, the Fire Chief, the Zoning Chief or what would preclude that right of the department head to choose the best minority, the best minority. Mr. Mayor, the Consent Decree spoke, as you have stated, to the upward mobility of minorities. This is not a question is to whether or not a minority was hired. This is a question to what person was hired or promoted. Which one ... no, which one, Father, the individual. Okay? Now, if in fact the man who, let's say, is the head guy of this Consent Decree has said,...Police Chief, I have no problem with your 18 criteria giving you the latitude as long as you pick a minority to use your evaluation sheet to give them the right to pick the best. It doesn't say that you shall pick a 90 JUN 81981 �ii f i �•.i E Y I I ti: Mr, plullfder4 (continued) Latin or a white or a Black or a wot►an. It says Ydt shall strive to upward mobility of minorities. It was done... Mayor Ferre; We set the policy, J.L. We, the Commission, set the policy, not Mr. Padgett. Mr. Plummer; Let me tell you that we set the policy with his approval, be- cause you had his butt running here every time we had set a policy. Mayor Ferre: In this Commission and I'm going to make the motion in the mom- ent that we address ourselves to setting a policy specifically and then we go -to Mr. Squire Padgett if he approves that, too. And I guarantee you that he will. Mr. Plummer: Well, Mr. Mayor, is not what in this particular case the Police Chief did? He set his evaluation items, his criteria and Mr.Padgett, as Mr. Kraus, has said had no problem with that. You see, if I understand, Mr. Mayor, there have been 2 appointments... Mayor Ferre: Mr.Krause doesn't set the policy either. Mr. Plummer: One a Latin and one an Anglo. Is that correct? is hat right? There's been 2 appointments? Mr. Gary: Yes sir. Mr. Plummer: So, 50% has been minority and 50% has been, what has been termed, called the majority, the white Anglo. I still don't understand how in the hell that comes about. Mayor Ferre: Yes, well look at the record and you can see why. Mr. Plummer: Because I'm 22% of this community, but I'm the majority. Anyhow, all I'm saying, Mr. Mayor, is that if you want to find fault it would seem that the fault would lie in Washington. They approved this evaluation sheet. Mayor Ferre: No sir. The fault lies with this Commission, because we're going to set this policy straight. Mr. Plummer; Subject to their approval. Mayor Ferre: Yes, all right, Commissioner? Mr. Carollo: Mr. Krause, do we have anything in writing from this gentleman that he has approved this? Mr.Krause: I'm sorry, I couldn't... Mr. carollo: Do we have anything in writing from this gentleman...what is his name again? Mr. Plummer: Mr.Krause: Mr. Carollo: Squire Padgett. No, we do not. Okay, we don't have anything in writing from him then. All right. Mr. Kraus: I would like to make one brief comment that Commissioner Plummer raised earlier. Mr. Carollo: Could you do this, Sir, when I'm done, because Commissioner Plummer is going to get long winded again and I'll never get a chance to ask my questions. Mr. Plummer: I will protect your right to'do such, Sir, ()I Mr. Carollot Chief Cosgt0ve, in these 18 points that I'm looking at here, the most alarming ones are the ones towards the bottom. For instance, number 15, says truthfulness. Just what is being referred as far as truthfulness? Mr. Cosgvrove: Well, I think, that one of the criteria that you use in select- ing a candidate for promotion is there any indication in his track record that can be substantiated that he has been less than truthful in terms of investi- gations, in terms of their testimony in court, in terms of their general per- formance of their duties and responsibilities as a police officer, which, I feel, is something that should be considered in that man's consideration for promotion. Commitment to the effectiveness of the Miami Mr. Carollo: Okay, number 16. Police Department, can you explain what that means? Mr. Cosgrove: Each division section in detail as it exists in the Miami Police Department has a. specific job to do. So, personnel, when you make comparisons between those personnel, such as, for promotional purposes are going to per- form effectively in accomplishinq the objective and mission that are designed for those sections and unit details to complete than others. so, you're making a comparison here as to a person's commitment, as a police officer or whatever position that they're in, in terms of getting the job done within whether role and responsibility they have to portray within the organization. Some do better than others. There are some, for example, in dealing with the community are more effective in dealing with community groups in resolving crime problems than others and we feel that some of those areas should be taken into considera- tion in evaluating a person's performance. Mr. Carollo: All right , Sir, number 17. Image to the community in the Police Department. Mr. Cosgrove: Image in the Community in the Police Department is, I think, a commitment to the overall direction of policing and the Miami Police Department and the image that person generally reflects in the community and within the police department as it relates, again, to getting the job done and job per- formance as a whole. Mr. Carollo: In other words, let's see if I understood you right. Mr. Klausner: Commissioner, can I...do you understand what he said? Mr. Carollo: Yes, I did and what I think that I understood is, it's a popularity contest. The image that an individual might protray within of his co-workers. Chief, with all due respect, we might have some people right now and I'm willing to bet my right arm and I won't do that in too many , many times, that we nave sone people right now in high positions, if there was a vote by the rank and file would definitely not be around. Number 18. Candidate's Interface With Organi- zation Needs. What is meant by that? Mr.Cosgrove: Here you'd be evaluating many of these criteria based on the open positions and assignments that are available for that particular person that is attempting to obtain. And I think that we should attempt to select the best person to occupy the positions that are associated with the vacanies that available within the department. Mr. Carollo: In other words, what you're stating, number 18 is depending on what expertise an individual has, you're looking for a certain expertise to fill certain positions. For instance, you have an opening in a lieutanent's slot. Maybe that opening in the lieutanent's slot might be a lieutanent's slot for a cannine, let's say, so you'll be looking for someone that might have a little experience cannine training. Mr. Cosgrove: Well, that would be one consideration amoung many others that are considered here, yes. Mr. Carollo: Number one, Education. Isn't it a fact that a large percentage of Black and Latin minorty, that are basically the individuals that are lacking an education. Basically, haven't had as much opportunity as other groups, basic- ally, 'cause in this community where a large percentage of Blacks and Latins family are very poor, maybe, didn't get the same opportunity that other people have gotten. Mr. Cosgrove: Well, from my observations of the candidates we have reviewed on -the police department, I think, that at the present time would be antiquated view point. I have seen a great many Black candidates come forward with Master Degrees, Bachelor Degrees, Associate Arts Degrees, that they have obtained since in the employment of the Miami Police Department. And, I do feel, that many of the personnel who have gone through school obtain that additional knowledge and been around the groups of people that you're conforted with in a formalized educational process, in many cases, will perform more effectively in a great many of the jobs that are currently involved in the Miami Police Department. So, we have not found there to be a disparent fact at this time towards minorities, Blacks, Hispanics or women or anyone that relates to that educational issue. More of a fact, I'd say it pretty well equals out at this time. Mr. Carollow: In other words, in your opinion, Mike, as far the level of college education, you think that the Anglo officers educational level is pretty much at par with your Black and Latin officers level of education? Mr. Cosgrove: I think that within the Department and after people gain ex- perience in the Department, yes. There has not been a disparent fact educa- tionally in the Police Department in comparing this issue. Again, its one issue among many that are being compared, because a person does not have a education that does not, necessarily, that mean that person would be precluded from appointment. Mr. Carollo: Mr. Krause do you have any kind of information or studies that you might have done or your Department might have done, as far as the educa- tional background how it compares between minority officers and non -minority officers? Mr. Kraus: No, sir, we have not. Mr. Carollo: Can you try to get some information of that, so we can have that before us, at your convenience. I know that it might take some time to do that. As far as schools attended, here again, you're referring to what law enforcement schools different officers might have attended? Mr. Cosgrove: Yes. Mr. Carollo: Again, as I see this, Mike, is since basically the youngest, the newest police officers in the Department are basically minority police officers. Again, I see that, as a level of discrimination, because they are the newest police officers that would have less opportunities to attend a lot of the other schoolings that have been offerred in the past. Mr. Cosgrove: I think that point you're making and you could make this point probably on every item on the list, is that any one of these items is taking in a vacuum,that would be preclude a person from promotion, that you could make a good case. Mr. Carollo: No, I wouldn't say every item, Mike. I'm just bringing out some that I really think are discriminatory in nature. There are some here that I think should be looked at. If an officer has a vehicle accident record, where he has had a half dozen accidents at his fault in a period of 2 or 3 months and you're looking to make this guy a supervisor in motorcycles, then, you might 93 JUN 0 '1 ' 4i tiim 1 Mr. Carollo: (continued) have a problem there. 1 could see that. That would be one area that brings concern, but, the points I brought out, education, schools attended, I think the door is wide open there for discrimination to minority officers At the same time in number 15 and 17, truthfulness, in the Image of the Community and the Police Department,... My God, if we have officers that will not be promoted whether to Sargeant or Lieutenant, be- chuse the police administration feels that they're not truthful, because they feel that the image to the police department into the community, these in- dividuals is a negative one, what the heck are doing in uniform? Mr. Cosgrove: Well, in many cases we might be working on that and secondly, I don't think we'd ever want to get into a position of formulating a promotional process that would promote an untruthful employee when we know that to be the case. And it could be that disciplinary action has already been taken place that has been through the system and has that person still with us, that's not an unusual process. But, I think, that is an element of concern to the Miami Police Department. It should be for every professional organization when preforming the roles that are as sensitive as policing a community such as the city of Miami or any community or any community for that matter. Mr. Carollo: Mike, you made a statement there that concerns me. You say, 'well, we might be already working on that'. Well, that, you know, is a two - bladed sword. If an individual is truthfully is an untruthful person is an individual that has a bad image within and outside the police department, then it should be put down, that that is the reason this individual is not being promoted, very clearly. Not hidden. If you have a bad cop, then come out and say so. Now, if you can't say it for the record, then that only tells me is that there's no where enough to be justified to say that and then that he might be more of a personality difference with former supervisors or the ad- ministration. Mr. Cosgrove: The untruthfulness was an issue to be evaluated into the promo- tional process that would be documented and that would be placed on the records in terms of the promotional process. There would be nothing under the table on any of these issues. All of these items are addressed again, eye ball -to - eye ball with the candidate and discussed fully and directly in terms of the background files that we have completed on each candidate. Mr. Plummer: Is that reduced to writing? - Mr. Cosgrove: The background files and the interview process... Mr. Plummer: No, basically the interview process. Mr. Cosgrove: ...is reduced to writing. We have a regular format that we use for the interview process. Mr. Plummer: Okay. Let me get to another point. Mayor Ferre: Father Gibson has to leave. Mr. Plummer: Well, if Father has to leave, I want to get these points on the record, Mr. Mayor. These are way over due. Mayor Ferre: well, I think that we have to continue this at some other.... Mr. Plummer: Mr. Mayor, I was very much amazed to find out and I don't know if you might be, but I'm told by the City Attorney that we have still not been approved for recruiting outside of the City limits for the Police Department. Do.you know —excuse me ... I just you the question. Am I wrong? Mr. Knox: I thought your question was outside of the state. Mr. Plummer: Outside of the City limits. 04 JUN 81981 if 4 3 t 4 �Yg � �S I r t r _ i e Mr. tChox. All right# we have not ... there's a motion pending which has been pending probably at since last October before the Fifth Circuit Court of Appeal, but, you may recall, also, that we indicated that there was no pro- hibition against our using going outside. Mayor Ferre: You've got people at school that are... Mayor Ferre: We've got police officers that coming out of the academy that are... Mr. Plummer: Okay. Mr. Mayor, let me tell you one other point, then I'll be quiet for the time, cause you're going to continue. You know, if you don't have this evaluation, we are forced into minorities and at the time we were forced into minorities, we were within the City limits. Mr. Mayor, you know, we want...I think I speak and very seldom do I ever, for the entire Commission, we want minorities. We want that to be done. But, yet, we still want the best available. okay? Now, Mr. Mayor, if you don't have a evaluation process, I can show you a case where there is a person in school right now that was twice rejected by the City of Miami Police Department for entering school, on bad evaluations for entering and rejected by Metropolitan Dade County. Three rejections and finally, on the fourth re -cycling, was placed in school. Now, surely, Mr. Mayor, that has got to have a bearing on promotions as well as the overall. Mayor Ferre: Okay. In the interest of moving along, here's what I'd like to do. Mr. Gary, and I'm going to do this to the record, I would like you to schedule this for discussion and to allow at least one hour on the June 25th meeting. If Chief Harms, because of the fact that he is going on a vacation, cannot be here, I would like to know so I call a Special Commission Meeting because I think that he should be here for that discussion, before he leaves on vacation. Let me finish. I'm addressing as a member of the Commission and as Mayor, I'm addressing this to the City Manager. City Manager., in view of the fact that this memorandum dated June 3rd from Chief Kenneth I. Harms, specifically states, 'Please find enclosed how on General Code #25 on March 9th, entitled Miami Police Department promotion situation, to Judy Carter, the Executive Director of Civil Service Board', that tells me that Judy Carter found out about this the first time on June 3rd, officially and this has been something that has been instituted since March 9th on this bulletin. It is my understanding that we have a Human Service Department for the purpose of dealing in these things. Secondly, we also have a Civil Service Board for the purpose of establishing this type of policy.As I perceive it, the City of Miami Police Department, unilaterally and arbitrarily, set up 18 sets of criteria for deciding, as I understand it, from this memorandum without the previous approval of either the Civil Service Board or the Human Service De- partment of the City of Miami. I would like to have a full explanation as to whether or not this is, indeed, a violation of procedure in the Civil Service Board and the Human Resources Department. Whether or not we're not bypassing the system. That's number one. Number two, in regards to the question of upward mobility of minorities within the Department, we do have a 60-day, I do think that there's a 60-day promotional period,in which once a person is made a Lieutanent that that person and I think doesn't, probation. And that covers the question as to whether or not...I need that addressed, six months, 30 days whatever it is. Number three, Mr. Squire Padgett responsibility re: the Justice Department, because he may not be there much longer, the Justice Department's responsibility, okay, is to see that the City Jr, f x�,(€kI 0, Z__ I Mayor ferret (continued) of Miami and other governments comply with the regula- tions of upward mobility. He doesn't care which Cuban, which Latin goes... that's not his responsibility. Now, of course it's the police department re- sponsibility, but not solely the police department. I think the ultimate decision on setting policy after the police department recommends and after the Civil Service Board gets involved and after the Human Department gets involved, this is the ultimate policy setting Board, that determines what the policy is of this City with regards to these essential things. And based on that, I wish for you, Mr. Manager, with the help of the City Attorney to write for me and I will be proposing a specific resolution setting the policy. And the policy will be as follows, that within the realm of the criteria established by -the Consent Decree that is the policy of City of Miami to promote people on the basis of the Register and the written exam, as previously established. Buz if a minority is to be skipped and that along the criteria of upward mobility and promotion, there is more than one minority skipped, then I want that brought before the City of Miami. Commission. And I want to know why, why the minorities were skipped. I don't think it's that much of a problem to deal with. As an alternative I will accept Plummer's original suggestion that a 4 or 5 member board be set up to make those determinations. I would accept that as an alternate. Now, I don't know we can't go to quotas, but until we have up at the top as well as on the bottom, a city staff in these departments, that is truly reflected of the makeup of this community...now, I don't want to disenfranchise white, Anglo-Saxon males, because they're a part of this community, obviously. But, I would like to know, as you proceed in this that we keep a certain balance. And that means that if we have only one Black lieutanent and there is somebody ... and there are 8 Latin lieutanents, okay, if you're going to promote a minority and you only have one Black lieutanent, it seems to me, if you're going to be doing skipping, which is evidently what you're doing, then you may as well skip over and get that Black sarqent and make him a Black lieutanent, so we'll have 2 Black lieutan- ents. And we have no female lieutanents and if there is one that posses the exam, I think that some how we ought to do something a little special to make sure, if we're going to do some skipping, that we at least get one female lieutanent on the system. Now, I don't know how you're going to work that out, but those are the criterias and I welcome any suggestions on behalf of any member of the Commission and I would recommend, Mr. Manager, that you assign this to somebody who will...I don't just want Mr. Krause working on this, with all due respects to Mr. Kraus and his technical ability, I want somebody from the Law Department also involved and somebody from the Police Department, so that we have a balanced view and somebody from Civil Service, so that we have Committee that works, taking into account everybody's criteria, and come back with something that this Commission can live with. I would hope that you would meet with each member of this Commission between now and the 25th of June, when this resoluation comes up before this Commission. Mr. Plummer: You would have no problem, if I asked in your motion, that Mr. Squire Padgett be requested to be present. Mayor Ferre: Or whoever in the Justice Department that is handling...either Squire Padgett or whoever is assigned to the City of Miami, whoever he may have on the system who may be available, if he's not, to come down here. Be- cause I think that Squire Pageant is going to tell you,.'..look, that's a policy you've got -to deliberate with...I'm not concerned as to how you promote as long as you promote minorities. And see, and I'm point with you, is not.. is to bring Squire Padgett into the picture really misses the main thrust of from what I'm saying, which is not this upward mobility, but how we approach this. And my only criteria and I'm in agreement with the Union in this time and this particular situation, that somehow I do not, I cannot accept the fact that we skip over 3 people or 18 people and reach and get one member and skip over a whole bunch minorities. I just can't buy that. How we overcome that, I don't know. I'm very unsure as to how and we overcome it to balance it, I'm even less sure of, because you obviously cannot chisel into the stone in a 96 JSUN 81981 Mayot Ferre: (continued) resolution to say that you have 5 Latin lieutanents you're going to skip over the all the Latins and get a Black or viceversa or that if you have no women, then you're going to give a woman preference, even if she's 46 on the Register. But somehow, we've got to deal with that. I make that in a form of a motion. And its an open motion and I would want you each and everyone of you to submit through the Manager or whatever re- commendation you may have. Mr. Lacasa: Would you repeat the motion? Mr. Plummer: Truthfully, no he can't Mayor Ferre: Yes? Mr, Klausner: To assist the Commission, the FOP will also prepare it's position and with all the backup documentation reasoning, we'll have it distributed to the City Manager and the Law Department and Human Resources and the Commission. We have a contract with the City on the way we work , That's the way we want to do it. Mayor Ferre: The motion, Mr. Lacasa, specifically requests that the Manager put on the agenda for at least an hour's discussion, a resolution in clearly spelled legal language, that specifically addresses the problems that have been talked about and that it is the intention and it is my intention in this resolution, that we somehow deal with and solve the problem that the Union has expressed here today. Mr. Plummer: Yes, Carollo seconded it. Carollo seconded it. Rev. Gibson: Discussion? Call the roll, please. Mr. Plummer: As I under the motion, its really re -opening and clarification of the entire process, I vote yes. Mr. Mayor, I have fought for Mr. Krause's right. He has something important to say in his criticism of me and I'm going to defend his right to say it. Mayor Ferre: Yes sir, Mr. Krause. Mr. Plummer: And he happens to be right and I apologize. Mr. Kraus: I only wanted to explain why I did not explain anything about this at the last meeting. I wasn't present at the last meeting. Mr. Plummer: It's a good reason. mayor Ferre: Okay. Mr. Manager, before the Chief leaves, 'cause I want him to hear this and report it back to Chief Harms, I want the following information and I want to tell you what I intend to do with this, so that we don't have any questions. In the office of the Chief and the budget that we approved last year, there are 91 budgeted individuals and 74 CETA. In the office of administra- tion, the Police Department has 252 positions and 9 part-time. 4ow, this does not include any CETA. In Operations, the budgeted positions are 752 and 7 part-time, Now, I would like to have the following specific information and I want to tell you what I intend to do with it. We have budgeted 4 police lieutanents, 14 police sargeants,and 46 police officers in the office of the Chief. If I'm correct that is 64 police officers. In the office of administra- tion, we have 6 lieutanents, 29 sargent and 50 police officers. That's 85. Now, that's close to 150 police officers, out of 814 sworn officers or what- ever it is that we have. Seven hundred or whatever it is of sworn officers, Mr, Carollo: That's 20% of our Police Department right there. y Mayor Pdr e: I would like to know, how many vacanies there are, unfilled positions in the office of the Chief, the 4 lieutanents, the 14. sergeants and 46 officers, in the office of administration, 6 lieutanents, 29 sargents and 50 officers and in operations... what I want to know is whether or not, what we have is slot of these sergeants and lieutanents really assigned to the Police Chief's operation and administration and not out in the field. I want to see if what's sauce for the goose is sauce for the gander. In other words, I want to see if the vacancy factor is evenly distributed brass and operations out there in the field. You follow the thrust? Well, all right, let me be more specific. Out in the field we have 80 sargents, okay. And inside we have 14 and 29 sargents, okay, that's 43. We've got 43 sergeants inside and 80 sergeants outside. Now, that'F, 12.3 sergeants. Now, suppose there are 20 vacancies. I want to know whether those unfilled sargents positions are being filled out in the filled in the air-conditioning of the police department. And is,it evenly distribuuted or in fact, do we have full contingency of officers in the Chief's office and the administration and a shortage of sargents out in the field. That's what I'm addressing myself to, specifically, okay. Now, let me tell you what it is my intention to do, since we do seem to have a continuing shortage of police officers. I'm going to address the issue in the very near future, since the thrust upon all of us. Your side, my side, on everybody's side, since we have a pinch coming and we're going to be talking about that in Item B, which is the next budget. That if, indeed, we have 91 people in the Chiif's office and 252 in the administration, I've got no pro- blems with Plun,:ner's criteria that there be no freeze in the hiring of police officers. I want to address myself that we go down to the very bone. As a matter of fact, I may want to get down to the marrow of police officers out in the field and any place that we can substitute a civilian for a sworn police officer. Any place. Now, Plummer's smiling, because this is his line and I'm coming around to agreeing with him on this particular issue and I'm going to tell you this, my vote as a policy matter is, that the office of the Chief be cut in half and the office of administration be cut in sworn police officers. And if, indeed, we do have 814 police officers that no more, that no more than. at the very maximum 200, of those being inside any office and that the rest of them be part of the workingman out in the field basis. I'm just asking the Manager to put that issue on the agenda for dis- cussion on the 25th day of June. Mr. Carollo: Mr. Mayor, according to the figures that you read out there, are you saying that all these numbers that you're reading out, that they are assigned indoors? Mayor Ferre: No, that's a pretty unfair thing for me to say. There are 91 members of the office of the chief's staff, not all of them are sworn officers. We've got 4, 14 and 46, as I see it. Fifty, sixty-four, you know, I was just arbitarily dealing with the figures, because.. Mr. Carollo: I think that you read something there to the effect that there was some 40 plus sergeants assigned to indoor...... Mr. Plummer: 43. Mr. Carollo: ..jobs. Mayor Ferre: Look, the point is this that there are about 150 sworn officers, between one or the other, I said 200, I'm sorry, I didn't mean that. What I mean to say is that I'm for hiring more policemen, but I'm for cutting that inside staff, whatever it's called, in half, okay, so that if we have 150, we go down to 75. If we have 200, we go down to 100. I don't know what it is. That's a very arbitarily... don't ask me how I come by it, it's totally arbi- tary. I just want the Police Department to come and defend the opposite. I want them to come here. First of all, I want to find out how many we realy have. And secondly, I want to find out, whether or not that can be defended, I don't know. We'll see. There may be reasons for it. JUN 81981 Mr, Gary' Mayer Ferre: Okay, sir, anything eles on the police? The following motion was introduced by Commissioner Ferret who moved its adoption. MOTION NO. 81-517 A MOTION OF THE CITY COMMISSION STIPULATING AS FOLLOWS: THAT THE ISSUE OF UPWARD MOBILITY OF MINORITIES' PRO- CEDURES FOLLOWED BY THE POLICE DEPARTMENT BE PLACED FOR DISCUSSION ON THE NEXT AGENDA FOR THE JUNE 25TH MEETING, ALLOCATING AT LEAST ONE (1) HOUR FOR DIS- CUSSION. THAT THE CITY MANAGER, ASSISTED BY THE CITY ATTORNEY, HAVE A RESOLUTION DRAFTED, IN VERY CLEAR TERMS, FOR DISCUSSION AT THE MEETING OF JUNE 25TH, SPECIFICALLY ADDRESSING THE HEREINBELOW CITED PROBLEMS: (a) PURSUANT TO THE REALM OF CRITERA AS ESTABLISHED BY THE CONSENT DECREE, IT IS THE POLICY OF THE CITY COMMISSION TO PROMOTE INDIVIDUALS ON THE BASIS OF THE OFFICIAL REGISTER WHICH IS ESTABLISHED AFTER THE WRITTEN EXAM, AND THAT BEFORE ANY INDIVI- DUAL IS BYPASSED ON THAT REGISTER, THAT THE MATTER IS TO BE BROUGHT UP TO THE CITY COMMISSION: (b) THAT THE SAID RESOLUTION CLEARLY STIPULATE THAT, IN CONNECTION WITH THE SETTING OF OFFICIAL POLICY, AND ONCE THE CIVIL SERVICE BOARD AND THE HUMAN RESOURCES DEPARTMENT HAVE MADE THEIR RECOMMENDA- TIONS TO THE COMMISSION, THAT THE ULTIMATE RE- SPONSIBILITY IN THE SETTING OF OFFICIAL POLICY SHALL REST WITH THE CITY COMMISSION; OR, AS AN ALTERNATIVE, THE CITY COMMISSION WOULD ALSO CON- ct' SIDER, THE FORMATION OF A PAI4EL OF 4 OR 5 INDIVI- S UAIS, INCLUDING SOMEONE FROM THE CIVIL SERVICE BOARD, THE POLICE DEPARTMENT, THE DEPARTMENT OF HUMAN RESOURCES AND THE CITY MANAGER'S OFFICE WHO WOULD THEN DECIDE HOW TO ESTABLISH THE CRI- .. TERIA WHCIH WOULD BE FOLLOWED AT TIMES WHEN THE STRICT SEQUENCE OF NAMES AS ESTABLISHED BY THE REGISTER WOULD BE ALTERED; { s (c) THAT, IN CONNECTION WITH WHAT UNION REPRESENTA- ` TIMES PERCEIVED TO BE INEQUITIES IN THE HIRING PRACTICES FOLLOWED BY THE POLICE DEPARTMENT, AND AS OUTLINED AND DISCUSSED BEFORE THE CITY COMMISSION ON THIS SAME DATE, THAT CHIEF HARMS BE REQUESTED TO APPEAR PERSONALLY ADDRESS SOME {p, OF THE CHARGES AS PROFFERED BY THE UNION REP- RESENTATIVES; i (d) THAT THE ISSUE OF THE 6-MONTH-PROBATIONARY PERIOD FOLLOWING PROMOTIONS WITHIN THE POLICE DEPARTMENT BE ADDRESSED; (e) THAT THE CITY ADMINISTRATION BE INSTRUCTED, UNTIL THE CITY OF MIAMI HAS AN EVENLY DISTRIBUTED STAFF IN EACH CITY DEPARTMENT WHICH IS TRULY REPRESENTA- TIVE OF THE ETHNIC MAKEUP OF THIS COMMUNITY, THAT THEN, AS THE CITY PROCEEDS ALONG IN THE HIRING OF PERSONNEL, THAT IT AIM AT KEEPING A CERTAIN ETHNIC BALANCE IN ITS SELECTION OF PERSONNEL: AND (f) LASTLY, INSTRUCTING THE CITY MANAGER TO REQUEST FROM THE JUSTICE DEPARTMENT THAT EITHER MR. SQUIRE t PADGETT OR HIS DESIGNEE, BE ALLOWED TO COME DOWN �TO MIAMI TO BE PRESENT AT THE NEXT CITY COMMISSION r f IS, l MEETING, NOW SCHEDULED TO TAKE PLACE ON JUNE 25, 1981, 7r c r a t NIM bp6h being seconded by Coiiimissioner Carollop the lt6ti6h Was Passed Ahd adopted by the following vote: AM, 909S t AtSENT Commissioner Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre None None 35. (A) STIPULATE CONDITIONS IN CONNECTION WITH MIAMI CF%7FR' q P.rniiFQT FOR UTILIZATION OF THE BAND -SHELL AREA IN BAYFRONT PARK. (B) DECLARE MORATORIUM ON ISSUAidCE OF BUILDING PERMITS FOR DUPOT PLAZA AREA UNTIL TRAFFIC PRODILENS ARE ADDRESSED. (C) INITIATE NATION-WIDE SEARCH FOR ARCUITECTURAL CONSULTING FIRid IN CONNECTION WITH URBAN DESIGN OF DUPONT PLAZA AREA. Mayor Ferre: The next thing is...I'll tell you we do have a group of people who have been waiting here for about 3 or 4 hours on Skippy Sheppard and Dan Paul on the people from Gould. Are they still there? All right, why don't you step forward and tell us what you're here for. Mr. Plummer; What is the agenda item? Mayor Ferre: it's not on the agenda, J.L., but they asked and... Mr. Gary: Non-scheduled #2. Mayor Ferre: I'm sorry, non-scheduled, I didn't even know that. Non- scheduled #2. All right, sir, go ahead. The recognizes you, your name and address for the record. Mr. John Kavaugh: Mayor, may name is John Kavaugh. I'm a resident of the city of North Miami and I'm the project director for Mr. Theodore Gould in the development of planning in Center 1. We would like to request that the Commission give consideration in granting the developer of Miami Center 1, the right to occupy and use the area of the bandshell and the theatre, south end of the Bayfront Park, in connection with the development of the Miami Center Phase I. This area is necessary for equipment and administration staging and the support of the project, while minimizing adverse impacts on the central business district and we wish to pursue this soon as a possible alternative to our immediately closing Block 2 of the 4 blocks... Mayor Ferre: Let me understand what you're saying. What you're saying is that you own Block 2 and you're going to close it up as a parking lot, be- cause you need it for your staging, is that what you're telling me? Mr. Kavaugh: This is correct, alternatively... Mayor Ferre: And what you're looking for is the Commission to, as an alter- native to that, give you space on the property adjacent to, which is obviously is, the band shell. That, of course, would require the knocking down of that band shell. Mr, Kavaugh: That is correct. Mayor Ferre: Now, I understand that this is a public need. I understand t ht,t t lic- public needs parking and it would be tragic for you to close down, hnw many I,,rrking spaces ii, lct 2?100 1I�J J U N 8 198h �G i i Imo. Mf, KaVaugh. I think there's approximately 250 spaces involved. Mayor Ferre: And we can ill -afford to lose 250 parking spaces. I want tO ask you this question, what are you going to do for the City of Miami, if we go along with you on that? Mr. Plummer: Wait a minute, Mr. Mayor, excuse me, please. I'm seriously questioning how this is even coming about when this Commission has already addressed the problem and we have denied. Mayor Ferre: No, we're addressing just parking, J.L. Mr. Plummer: Excuse me. Mayor Ferre: I think that we addressed the problem of parking. Mr. Plummer: The use of that property. Mayor Ferre: Parking. Mr. Plummer: No..well, yes, in particular in that instance, but the use of that property. Mayor Ferre: No, no, but we addressed the issue of parking and on the band shell area. He's not asking for the land for parking Mr. Plummer: It was my understanding that this Commission turned down a request, because I remember making the statement that said there is nothing more permanent than temporary funding around here. Mayor Ferre: J.L., follow what's happening here. Gould is going to close _ down parking lot #2, which is 250 parking spaces and creates, we have an emergency now. There's no question about it, whether we voted for it or not. And this is going to further exacerbate a very very bad situation. Mr. Plummer: And we discussed this matter completely, Mr. Mayor, even to the worst extreme that what you're bringing up that all 4 were going to be closed and this Commission denied the request. Mayor ferre: A request for what? Mr. Plummer: A request to use the Bayfront Park property for the private area, in this particular case, that parking. Now, surely, Mr. Mayor.... Mayor Ferre: This Commission has never addressed that issue. We addressed the issue of parking, not the issue...he's not asking for parking. Mr. Plummer: Mayor Ferre: son... He's asking it to use for his private use. He's not. What he's saying is, as I understand, what the per - Mr. Plummer: He wants to park his equipment there. If I'm going to give anybody... Mayor Ferre: If I may, Mr. Plummer, without interruption, make 3 complete sentences without being interrupted, I would be most grateful. The 3 sen- tences are as follows: Sentence #1... Gould is going to close a 250 parking lot #2. Two, he's willing to negotiate with us the leaving of that parking space and leave it open. He wants to use the land adjacent to their project for the purposes of assembling equipment there and that's what's before us. That has never been discussed in this Commission before and I think that it is a valid request and this Commission can turn it down and I've no problems with that, if that is the will of the majority. I wish you, instead of 101 JUN 81010 Mayor Ferre: (continued) entrate on the issue concentrating on the personality of Mr. Gould, to of parking in downtown. conc ry . Plummer; Mr. Mayor, I appreciate your comments and it's very difficult to concentrate on the personality of Mr. Gould when he does not appear. He the agenda reads. w whether sends someone else and that's but Iallacceptthefacdon't t, thatwe'renin viola - that was by design or intent,to tion of our own agenda, when Mr. Gould is the one scheduled Mr speak d,awho Gou very vividly recall that certain other people representing have stood before that microphone, ,cam e' And then.eyes/backfully and latrepresent and ersaidnoo.. thing I say in behalf, is gospel. no..no. Mr. Mayor, my point is simple. If that property, I don't understand how anybody, if that property is to be used, then, I feel, that it should be all of the people of downtown. Not for the useof Mr. Gould for r his us pat icular purposes . Now, we turned down as parking... someone would come and ask us to let us use it for their private reasons, when we turned it down for public purposes. Sir, as I i1aeoftthisit, Commission,uthatsMr somebody Gould closedownwishesMayor Ferre: to change it, it is the w lot #2 and deprive the downtown area and the DuPont Plaza Hotel and the other businesses there with 250 parking spa Mr. Plummer: I'm sorry that's the way you feel, Mr. Mayor. eel isfri that's iyour intent, then, of course, I'll have to abide by what you Mayor Ferre: What? That's the way I read it. As far as I'm concerned... Mr. Plummer: You're reading yourself, of course. Mayor Ferre: Then I'll tell what I'll do. Father, I move, you serve that the City of Miami do the following: That we instruct the Manager to negotiate with Theodore Gould or whatever name, 'cause isn't Gould anymoreu lts e name of the Company, I forget, Miami Associates, Inc., for the purposes of utilizing some property imeediately adjacent with the following con iti hens: (1). that 250 parking spaces in lot 2 be left open to the public; thatpay us rent, which is comparable to the value of the property and I would assume that would be very close to related to the income from the parking lots, that be otherwise be closed and that will have to be on a fair basis and, considlastly, that Mr. Gould andhis associates, oeverehetwishesatimmediatelyCady donion to the of Miami, of a fountainro riae ges- ture, in the proposed Nugguci Park and this might be a very a pp P which evidently and I don't mean this in a disparaging way, because Mr. Gould knows what PR he needs and hat he et, but it seems tthe me, that it would go an awful long way n smoothingthefeelings around apparent feelings around this community with regards to he and his project, that I think that if he came forward ftheth a two,dthetion lesserrofh theutwonfountainsof • and it's the lesser, by the way, that Nugguci is recommending, that would go awful way to soothing the Com- mission's and community's feeling on this matter. My motion is that only on an exploratory basis and that the Manager explore these things and c ee2ack with a recommendation and a contract, if he can recommend one, by J Mr. Lacasa: Mayor Ferre: Mr. Plummer: proffered prior &'fountains to Mayor Ferre: I'll second that motion for purposes of discussion. Yes, Mr. Paul. Under discussion to the motion Number one, Mr. Gould is already to getting to this property. That he would, in fact, donate the Park. He hasn't said that. 102 ,1 u!-* 8 1 1-A1 Mr. Plumer: Yes, he did. I'll show it to you. okay. That he would like the opportunity to donate one of the fountains. Number two, it seems rather foolhardily to me,Mr. Mayor, that we are going to give him the property or even negotiate the property that he's asking for, which it was indicated that was 400 parking spaces in exchange for a piece that's 250. Now, I don't understand that kind of reasoning, I'm sorry. The proposal by the Downtown Merchants Association, which would allow all people to use public property, was for 400. This that is being proposed by them is 250. I understand that kind of reasoning. ReV. Gibson: I'm sorry that I'm the presiding officer, but I want to raise 2 questions. May I? Number one, experience has taught me and I have no light to'guide my future which relies to the past, I don't plan to deal with nobody representing Brother Gould, other than Brother Gould. He's taught me one invaluable lesson. He was commiserating with the Pope and he senos nis representatives here, who came with his full blessings. Now, you don't know that language, as I do. Man, I'll never forget Aurell. I never saw. I never had such disappointment in representation in all my life, so Theodore Gibson wouldn't be voting for one thing unless Brother Gould was standing there and says: I'm Gould and I am committed. So, for me, you can't commit Good Morning, not even for Gould. Number one. Number two: I am concerned with what effect does it have on ... what's your place called, Sir? DuPont Plaza. I am very concerned. I remember the attitudes expressed around here and I don't plan to be party to these guys who decide that, all of a sudden, all of Hiami belongs to them. I want those two things cleared up, before I even cast my vote. I want to know, what effect does it have on your business. I think that Brother Gould understand, we talked about this before, I told him I did. I don't know about anybody else. I own the street to Theordore Gibson. And I do not believe we should even condone people in creating hardship without some reasonable consideration on the people presently doing business. They've got to live. Mr. Plummer: Well, Father, doesn't that also include the Downtown Merchants, who asked for that use of that property for 400 parking spaces and if, in fact, its going to be a swap for 400 to 250, it would seem that they would like a little input about those additional 150 spaces. Rev. Gibson: I have no problem. I just want to make 2 things clear. You can't get my vote representing Brother Gould. He told me better. I thought that even when I went along cause he was commiserating with the Pope that was on safe ground and he quickly let me know..did you know about that? Oh, you didn't. Well, you now know and number two, I want those people who are doing business down there to be made responsible. Now, my Brother, since I'm the presiding officer you speak to those... to that issue...Sir, you speak to the....yes, okay, you're going to speak then. Mayor Ferre: You're without a paddle. NOw, you're missing the rest of the avocado, what's that got to do with it? Mr.Dan Paul: My client is bilingual. Mayor Ferre: Oh, I see. Mr. Dan Paul: Mr. Mayor, my name is Dan Paul and I represent the DuPont Plaza and I think there's one very important condition that needs to be added here and that is, that Biscayne Way and Biscayne Boulevard, in front of the Miami Center project, not be obstructed or narrowed as part of this process, be- cause all of a sudden we find that the Building Department issues these per- mits to fence off parts of streets. We've got that terrible problem now on SE First Street, which should have never been permitted. They should have never been permitted to fenced off and turned that into one -lane street. 103 r. t r-, ��s'da 1tf Mayor Perre: Mr. Paul, to save time, because the Commission has to break in about 5 minutes, you.. I accept that as part of the motion, that no portion of Biscayne Boulevard or Biscayne Way be cordoned off. Now, Skippy, for the record, are you in favor or against this? Mr. Sheppard: Well, the only thing that I'm concerned about, Mr. Mayor, I know that there's alot of parking spaces, 250, there's more than 250 there., and if you're going to give him the parking spaces and the bandshell, then I think that he should pay for it. Mr. Plummer; That's part of his motion. Mayor Ferre: No question about it. That's part of the motion. Let me re- peat my motion, so we understand what we're doing. We're not agreeing to anything. The Commission is instructing the Manager to negotiate with Mr. Gould or Miami or whatever the name of it is, on the following conditions: One, that Gould, himself, be present to finalize this thing, because of the statements that Father Gibson made. Two, that he leave the 250 or whatever it is, lot 2 open for parking. Three, that he not... that the City not cornor off any part of Biscayne Way or Biscayne Boulevard and that it fully be left open for traffic. Four, that the economic conditions be fair to the City comparable to the amount of parking space and the value of that land. If he take land that is 200 parking space, then we should be paid in accordance to that. If its 400, then we should be paid in accordance with that. In other words, that it has to have the proper economic criteria on the value. And five, that he consider, I didn't know that he made that offer, but that he formalize his offer as to the donation of a fountain in the so called Nogucci Park, or whatever it's called, in front of the building. Those are the 5 conditions that I hope would take everybody's ... Mr. Plummer: There's a six. Mayor Ferre: Tell me what the six is. Mr. Plummer: Mr. Paul ... Mr. Paul, what is the sixth provision? Mr. Paul: I don't know what the sixth provision is. Mr. Plummer: Well, you helped write the Charter, the amendments, Sir, that it shall be any leased city properties... what is that, Mr. Paul, you wrote? Mr. Paul: Well, that obviously, if you're going to lease it, then you're going to have to comply with the Charter amendment. Mr. Plummer: Yes, and that, of coure, is number 6. Mayor Ferre: Which is what? Mr. Plummer: The appraisals and all of that, because we're leasing City property. Mayor Ferre: These temporary —this is a temporary lease. Mr. Plummer: I have not heard anything about a temporary. Mayor Ferre: Oh, yes, it has to be temporary. I wouldn't vote for,..my motion, Sir, does zot speak to any more than a temporary lease. Mr. Plummer: How long is temporary? Mayor Ferre: Temporary is doing the construction period, the primary con- struction ... certainly less than a year. Is that correct? Mr. Kavaugh: Probably be approximately 12-18 months, not less. Mayor Ferre: You come back with a specific number of months that's involved, 104 JUN 8 1981 Mr, prier, Nix. Knox, does the Charter speak to temporary or noh-tefiip6rary7 Or does it speak to leasing of property? Mr. Knox: Well, the Charter speaks to the leasing of property and its my understanding that.... Mr. Plummer: Mr. Knox: Mr. Plummer: part of that... Mr. Paul: Mayor Ferre: legally? There's no provision for a temporary lease, is there? No. I thought so. Mr. Paul, do you recall a temporary lease in the No, there isn't any provision. Hey, in other words, what you're doing to do is to kill it, Mr. Plummer: Mr. Mayor, what I'm trying to do is, yes, is kill it. When you are trying to swap 400 spaces for 250, yes sir, I'm trying to kill it. Mayor Ferre: I was limited it to 250, Plummer, if you had listended to my motion. Mr. Plummer: But, Maurice, if you...look if we're going to use the property, wouldn't it be the best part that we use 400 rather than the 250? Mayor Ferre: Mr. Plummer: Mayor Ferre: No,I'm not for that. It doesn't make any sense to me. Doesn't make it, Plummer. Mr. Kavaugh: Mr. Plummer? Mr. Plummer: Yes sir. Mr. Kavaugh: The bandstand will not support 400 parking spaces. Mr. Plummer: Sir, you might be right, Sir. Mayor Ferre: Sir, that is a part of... I'm the maker of the motion. I'm not including that. You vote against it. You do whatever you want. We may not have the majority here, that's fine with me. Mr. Plummer Its my understanding, Mr. Mayor, that your motion, without the provisions of abiding by the Charter would be out of order. Mayor Ferre: Obviously,, it has to provide... Mr. Plummer: I'm asking the legal...i'm sorry, I'm asking the Attorney, am I? Mr. Knox: It was my impression that what was being discussed was a temp- orary use to be made of the property and not a lease of the property. Mayor Ferre: In other words, that's the same difference between a contract and an agreement, you understand now? Mayor Ferre: Lease is to this is agreement is to contract, that's the for- mula, okay? Come on, you know what .... and please, I ask you, this has nothing to do with Mr. Gould, I could care less and this is something that we should do whoever is involved in and Southeast or anybody else wants to do the same thing, man, I'm all for it. I'm all for it. It's a practical problem that has to be addressed. We keep always in this Coirsnision and community trying to kill the messenger. We're always killing messengers. Mr.. Plummer: Well, of course, Father brought out the reason why the messenger in the past has not always been honest and truthful and what I'm saying... Mr. Mayor, may I inquire, as you know this will be precedent setting, what are we going to say to Southeast when they request the same? Are we going to give them more of the Park? Mayor Ferre: Absolutely....I'm totally in favor of doing the same thing for Southeast or anybody else. Mr. Plummer: We'll give them.. Mayor Ferre: if it solves the parking problem, if it helps solve the parking problem of Miami. Absolutely, sir. Mr. Plummer: So, inother words, then yoy're in favor of extending as far as needed into the park as necessary by whatever you give to Gould, you will duplicate by giving to Southeeast? Mayor Ferre: If they give us the same parking spaces, absolutely. Mr. Plummer: Just want to get it on the record. Mayor Ferre: Anybody who solves the parking, this for a year and it solves the problem. Mr. Paul: I presume that doesn't mean taking down any trees. Mayor Ferre: I'll put that as a sixth condition that doesn't include taking down the trees. Bandshell got to be taken down, obviously. At Mr. Gould's expense, obviously. Mr. Kavaugh: That's what in the thoughts to with regards to any compensation for the value of the property, we'd like to offset it. To the avoidance of the city. Mayor Ferre: All this does is it gives.. Mr. Kavaugh: Demolition of the bandshell. Mayor Ferre: All this does, Sir, is give the Manager the authority to ne- gotiate with you, what you negotiate with ... I may end up voting against this thing, if the negotiating contract is not sufficiently attractive to me. I've got one out of five. Rev. Gibson: Do I hear a second? Mr. Lacasa: I second. Rev. Gibson: All right. Discussion? Call the roll, please. �'J A ri7 rt32y 4' p. i 3 i 6X fF4 4 4-! :! 7 1'L iskytj9 4: I 4 106 JU14 81981 MOTION NO. 81-518 A MOTION OF THE CITY COMMISSION STIPULATING THE FOLLOW— ING IN CONNECTION WITH MIAMI CENTER'S REQUEST FOR UTILIZA— TION OF THE BAND —SHELL AMPITHEATRE IN BAYPFRONT PARK: I. THAT MR. THEODORE GOULD PERSONALLY APPEAR BEFORE THE CITY COMMISSION IN CONNECTION WITH HIS REQUEST; (a) TO INITIATE NEGOTIATIONS WITH MIAMI CENTER LIMITED PARTNERSHIP ON A TOTALLY EXPLORATORY BASIS, IN CONNECTION WITH GOULD'S UTILIZATION OF SOME PROPERTY FOR THE PURPOSE OF ASSEMBLING THEIR EQUIPMENT THERE; ` (b) THAT THE 250 PARKING SPACES IN LOT 2 BE LEFT x OPEN FOR USE BY THE PUBLIC; (C) THAT MIAMI CENTER LIMITED PARTNERSHIP BAY RENT TO THE CITY OF MIAMI WHICH IS FAIR AND COMPAR— i ABLE TO THE VALUE OF THE LAND AND THE SPACE WHICH IS SOUGHT TO BE UTILIZED; r (d) THAT MR. GOULD AND HIS ASSOCIATES CONSIDER AND/OR FORMALIZED THEIR OFFER TO DONATE TO THE CITY OF MIAMI A FOUNTAIN — TO BY NAMED BY HIM OR DEDICATED BY HIM - IMMEDIATELY ADJUACENT TO THE NOGUCHI PARK; (e) THAT NO TREES BE TAKEN DOWN AS THE RESULT OF THE Y ABOVE —DESCRIBED PROCESS; (f) THAT NO PORTION OF BISCAYNE BOULEVARD/WAY BE a � NARROWED OR OBSTRUCTED IN FRONT OF THE MIAMI CENTER PROJECT; AND tg) LASTLY, THAT THE CITY MANAGER COME BACK WITH HIS RECOMMENDATIONS FOR CONSIDERATION BY THE CITY COMMISSION AT ITS MEETING OF JUNE 25, 1981. Unon bin- seconded by Co-niissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Commissioner Armando Lacasa Commissioner Joe Carollo Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: Commissioner J. L. Plummer, Jr. ABSENT: None ON ROLL CALL: Mr. Plummer: To negotiate and discuss. I'm going to have vote, no, because I don't think it complies with the Charter provision relating to the lease of City's property. Rev. Gibson: I'm going to vote yes, only providing you make, you know, those two things. Mr.•Kavaugh: Right. Rev. Gibson: I want you to know if you come in here, and don't have them. V w going to be hitting the ceiling, c t I Mr. Pauli Mr. Mayor, while you're on this same topic and I think that, and Mr. Gould's representative is here, I think that there ought to be some kind of update. It is my understanding the contract that was agreed on several months ago between the City's consultant, Mr. Stubbbins and Southeast and Mr. Gould, has never been executed and Mr. Stubbins is not at work and I know what's going to happen, people are going to charge down here and be demanding building permits. Southeast, I understand, is close to getting their complex source permit solved and you're going to be in this tremendous crunch and again, the whole purpose of this postponement was to get this input and not a thing has been done on it. Mayor Ferre; No, that's not accurate, Dan. Mr. Paul: And we're very concerned.. Mayor Ferre: That's not accurate. Mr. Paul: There's no contract entered into it. Mayor Ferre: Well, let me tell you why. As you well know, Mr. Stubbins came back and said, yes, I'll do this, but I want the whole thing up to working drawings, which is estimated to be in the amount of $350,000. Number one. Number two, the City is not to pay for this, it was supposed to be paid for by Mr. Gould and by Mr. Basset, and Southeast. They can't agree. Because they are still fighting as to what gargage goes up and what this and what that and so, they have not agreed to pay for this. So, the problem is not with the City of Miami, please. The problem is with the architect, number one and number two the problem is with the two developers not coming into agreement. So, we're not to blame for the fact that Stubbins doesn't have a contract. Mr. Paul: No, but you're going to be the ones that are going to be asked to issue building permits and to let the project proceed for the kinds of guarantees that we're concerned about from the point view of SE Third Avenue remaining open or actually finalized. And I'm concerned, it seems the City does have are responsibility to declare a building moratorium in the area and if that's necessary to bring the two people together. Mayor Ferre: I will certainly vote for that, based on the premise that the traffic transportation problem has not been solved and as far as I'm con- cerned, I'm prefectly willing to go along with that and I'm willing to make a motion, to do exactly that. So, that before any building permits issued we have this thing clarified. Otherwise, what we are doing is accepting a monstrosity to be prepetrated on this community. Mr. Paul: That's all I'm concerned about that you don't proceed.. Mayor Ferre: Have we voted on this other motion yet? Rev.Gibson Yes sir. Mayor Ferre: I move you sir. That the City of Miami declare a moratorium on any building permits in the DuPont Plaza area until the matter of trans- portation be clarified before this City of Miami Commission. Rev. Gibson: All right, discussion? Mr. Plummer: First of all, you're going to do this without a public hearing? Mayor Ferre: Yes, I'm doing it without public hearing and I'm sure that this will be on the agenda on the 25th for a full discussion and this just precludes this from happening between now and June 25th, which Dan Paul and Skippy Sheppard are pointing out. 108 VM N� Mr. Plummer: What your motion is stating this moratorium is in effect until a public hearing on the 25th of June. Mayor Ferre: Of course, that precisely my point. So that a building permit is not requested and granted between now and June 25th until this issue of transportation is addressed. Mr. Plummer: let me ask —are we under discussion? Under discussion, Mr. Mayor, I'm not aware, as you might recall, this matter of selection of Mr. Stubbins, who I do not know, was done at a meeting which I had to leave to go represent this Commission in Tallahassee. Now, Mr. Stubbins is asking certain criteria before he agrees. It seems reasonable to me that Mr. Stubbins is saying that that which this Commission has requested is not going to do or can't do, whichever is the case. That Mr. Stubbins is not the only architect in the United States, that serious consideration be given to someone else who can assist this Commission in the matter in which we had hoped Mr. stubbins would do. Mayor Ferre: Mr. Chairman, that issue is not being voted upon. Mr. Plummer; All right, then I'll bring that up in the next motion. Mayor Ferre: Okay, and I will accept, you know, if I get the Chair back after this motion passes, I'll accept that in the form of a motion. I call the question now, because Commissioner... Rev. Gibson: All right. Discussion? Call the roll. The following motion was introduced by Commissioner Ferre, who moved its adoption. MOTION NO. 51-519 A MOTION OF THE CITY COMMISION DECLARING A MORATORIUM ON THE ISSUING OF ANY BUILDING PERMITS FOR THE DUPONT PLAZA AREA UNTIL THE MATTER OF TRANSPORTATION - BOTH PEDESTRIAN AND VEHICULAR - IS ADDRESSED AT A PUBLIC HEARING TO BE HELD AT THE NEXT REGULARLY SCHEDULED MEETING OF THE COMMISSION (JUNE 25TH) AND FURTHER DIRECTING THE CITY MANAGER TO PLACE THIS ISSUE ON THE AGENDA FOR THE MEETING ON JUNE 25TI-i, AS A PUBLIC HEARING. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo I WO JUN 8 1981 11 ,1 s 7 � f S 'I R011 eall, Mayor ttfrO t s. Higai: f Mayor Were: Yes: � I Ms. Hirai: mt. CJArollo7 Mr. Carollo: Yes, Mayor Ferre: So, we're very clear this is only to preclude any building per- mits being taken out until we get a clarification of how we're going to address the transportation problem and DuPont Plaza. Mr. plummet: That was not the motion, Mr. Mayor. The motion was that this is a moratorium until the 25th, if you wish to make a motion at that time to ex- tend the moratorium after a public hearing, you can do so. Mayor Ferre: The motion I made very specifically addressed itself to what the purpose was. The purpose of the moratorium so that nobody misunderstands, is that nobody will pull a building permit until the transportation issue, both pedistrian and vehicle, is addressed. Now, that is the sense, the legislative sense of the motion. Mr. Plummer: And that is not preclude on the 25th, Mr. Mayor, when this matter is discussed. Mayor Ferre; I didn't say that it was, Plummer. I'm saying that the sense of.... Mr. Plummer: Mr. Mayor, I am only trying to preclude any action by this Commission, not on a regularly scheduled agenda, where it can be said that we have precluded the public's right to speak. Mayor Ferre: All I'm doing, again, is setting a moratorium on any building permits in the DuPont Plaza until there is a public hearing on the 25th of June in these Chambers to address the issue of transportation, which is both the vehicular andpedestrian. That is the issue. Mr. Plummer: I agree. The second motion, Mr. Mayor, is that the Manager be instructed to instigate an immediate search to find an architect, who is nation-wide known or world-wide known, who can assist this Commissior as we had hoped to do with the previous selection, based on the premise of where we are now without criteria that are so expensive that obviously, no one can afford or wants to pay the expense. I respect Mr. Stubbin's right to say here's the criteria that I lay out and if you don't comply, I'm not going to bet in- volved. I respect that right of an individual. But, I do feel, that the Manager should try to find someone whose criteria would be to assist this Commission has we had hoped he would do and obviously, his criteria a lot fur- ther down the road that we are and I would offer that in the form of a motion. Mayor Ferre: All right, there's a motion. Is there a second? 110 JUN 8 1981 Mayor Ferre: All right, under discussion. J.b.i you uhderstando 8tubbih'a price is not based on just the design, becuase obviously, that wouldn't cost $350#000. His criteria is, he's too busy and he's got too many other projects to get into involved in this unless, he, also, is awarded the working drawing portion. That's why he gets up to $350... Mr. Plummer: He wants it? Mayor Ferre: Yes. Mr. Plummer: That would be a conflict of interest. How he can sit there assist- ing this Commission when he's doing working drawings? That is a definite con- flict of interest. Mayor Ferre: No, I think you're misunderstanding what... Mr. Plummer: If I am, please tell where I am. Mayor Ferre: I will try to. Stubbins says that he's only interested in doing this job, if, after he presents the solution and, obviously, the Commission accepts it and the two developers accept it, he, then, has the contract, not with us, but with the developers to do the working drawings of the proposed solution, which they would obviously accept. We're not paying for it. The developers are paying for it. You see, I think that you are confused. Mr. Plummer: Mr. Mayor, let me ... yes, because I am. It was my understanding that Mr. Stubbins was selected to assist this Commission basically as a med- iator. That was my understanding. Mayor Ferre: Paid for by the developers. Mr. Plummer: Correct, sir, but he was to be a mediator. Mayor Ferre: That's correct. Mr. Plummer: Okay, now where is this coming about, I've not heard anything about where he would be getting compensated for doing working drawings. Mayor Ferre: Mr. Plummer, it is not coming from anybody, but Mr. Stubbins. Mr. Stubbins is saying,...you want me, you know, I'm one of the best. Mr. Plummer: Has that been said in writing? Mayor Ferre: You want me, well, here's how you get me. Mr. Gary: Did he say that in writing, Sir? Mayor Ferre: Stubbins. Mr. Paul: It's not working drawings, it's design developmental carrying... Mr. Plummer: Well, I'm just at loss to understand why we, the Commission, have not been informed of this. Can I ask why, we the Commission, have not been informed or given copies? Mr. Gary: You were informed in response to a number of questions that the Mayor asked me to respond to and I sent all the City Commissioners a copy of it. Mayor Ferre: In writing? You... Mr. Gary: In writing. Mayor Ferre: And it, also, has been part of advice, as I recall# €rOm QP0 of your City Managers weekly letters. 111 J0 81981 t r ' Mt, PhMer: Okay, I' 11 go back and ire -read it. All night, so My motion, which 1 would like to vote on;, Pathet..,,ihy fhotion that 1 would like to vote on is that the Manager been instructed to immediately begin a search trying to find someone who could serve in the capacity of this Commission's monitor or advisor. Mayor Ferre: Paid by who? Mr. Plummer: Paid by the developers, of course. Mayor Ferre: That means that has to be agreed to by the developets, Mr. -Gary: Yes, they've got to agree to it. Mr., Plummer: Sure. Mayor Ferre: And what's going to happen is that they are not going to "agree to it....I111 vote for it, because it doesn't mean anything. Mr. Plummer: Well, it's no different than the last selection. Mayor Ferre: Precisely. And that's why... Mr. Plummer: And yet, that's not working out. Mayor Ferre: Precisely the point. Mr. Gary: Well, if I could suggest, that we talk to both parties, Mr. Mayor. Mr. Plummer: Obviously, Mr. Gary, both parties are using this as a delay tactic. Mayor Ferre: Hey, I'm with you, Plummer. I'm going to vote with your motion, 'cause it's absolutely the worthless and useless gesture. Just wasting every- body's time, but I've got no problem with that. Anybody else have anything else to say on this? Call the roll. I want to vote for it. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 81-520 A MOTION INSTRUCTING THE CITY MANAGER TO IMMEDIATELY INITIATE A NATION-WIDE SEARCH FOR AN ARCHITECTURAL - CONSULTING FIRM WHICH IS TO BE AMONG THE ONES WITH THE HIGHEST PROFESSIONAL STANDARDS AND REPUTATION, WHICH FIRM WOULD HELP THE CITY OF MIAMI IN CONNEC- TION WITH THE URBAN DESIGN OF THE DUPONT PLAZA AREA AND, AS MORE FULLY EXPALINED IN M-81-106, PREVIOUSLY PASSED AND ADOPTED BY THE CITY COMMISSION AT ITS MEETING OF FEBRUARY 11, 1981, WHEN THE CITY WAS ORIGINALLY THINKING OF RETAINING THE SERVICES OF THE HUGH STUBBINS' FIRM; FURTHER STIPULATING THAT THE COST FOR SUCH SERVICES ARE TO BE PAID BY THE DEVE- LOPERS; FURTHER STIPULATING THAT THE CITY MANAGER REPORT TO THE CITY COMMISSION ON THE STATUS OF THIS SEARCH AT ITS NEXT MEETING NOW SCHEDULED TO TAKE PLACE ON JUNE 25TH: AND FURTHER REQUESTING OF THE ADMINISTRATION TO SCHEDULE THIS ITEM FOR DISCUSSION IN CONJUNCTION WITH THE ISSUE OF THE MORATORIUM OF THE ISSUANCE OF BUILDING PERMITS FOR THE DUPONT PLAZA AREA . Upon being seconded by Commissioner Gibson, the motion was passed and gftpted by the following vote: AXES• Mr. Lacasa, Mr. Plummer, Rev. Gibson and Mayor Ferre. MOBS: None. 112 J U N 8 1981 K r K3 f i r 3 i r Ms, Hirai: Roll call. Mr. Plu er? Mr. Plumer: Yes. Ms. Hirai: Mr. Lacasa? Mr. Lacasa: Yes. Ms Hirai: Rev. Gibson? �, ���' ', �t Rev. Gibson: Yes.- Ms. Hirai: Mayor Ferre? Mayor Ferre: got? ON ROLL CALL: Yes, absolutely. I've trot no problem. Okay, what else you Mr. Plummer: Of course, that motion that I just made will be report back of your search will be made back at the same time as the moratorium was dis- cussed. Mayor Ferre: You've got nothing else to do. You bring it back and tell us.. Mr. Plummer: We'll look for recommendations of three names by you, Sir. 36. RESOLUTION 6TRO\G,Y OPPOSING ELIMINATION ON DEFERRAL OF t.I;Y CITY OF :2A",I-STAGE I-METRORAIL STATIONS. Mayor Ferre: No, sir. We have a motion, Father, protesting the recommended Metrorail dropping of two City of Miami's station. Rev. Gibson: All right. Mayor Ferre: Father Gibson moves. Plummer, you want to second it? Mr. Plummer: Very definitely, I want to second it. Mayor Ferre: Plummer seconds. Mr. Plummer: Isn't it obviously, Mr. Mayor, that when out of two out af- how many stations, get dropped there both in the city. Mayor Ferre: Further discussion. Call the roll on Item NS 5. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 81-521 A RESOLUTION STRONGLY OPPOSING THE ELIMINATION OR DEFERRAL, OF ANY OF THE STAGE I METRORAIL RAPID TRANSIT STATIONS LOCATED IN THE CITY OF MIAMI, AND URGING THE COUNTY COMMISSION TO SEEK OTHER ALTERNATIVES IN COST SAVING MEASURES. 113 ,, g 1981 bpon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Mr. Lacasa, Mr. Plummer, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. ON ROLL CALL: Ms. Hirai: Roll call. Mr. Plummer? Mr. Plummer: I vote yes, but, only question, Mr. Mayor, is just our opposi- tion, the real position...to me, just sending them a letter of opposition is tokenism. Mayor Ferre: Fine. Let's vote on this and then I'll recommend that we go before the kind of Commission to protest it. Ms. Hirai: Mr. Lacasa? Mr. Lacsas: Yes. a. Ms. Hirai: Rev. Gibson? ,- Rev. Gibson: Mr. Mayor, why we can't put that into a motion? Mayor Ferre; Fine, I accept that as part of the motion. Rev. Gibson: All right, yes. Ms. Hirai: Mayor Ferre? Mayor Ferre: Yes. Now, Mr. Manager, in this motion that we just voted on, as amended. What it means is that only if we pass the strong motion in opposition to dropping of these two stations that we are now asking you to request time on the County Commission and that you advise them,the Mayor's Office and the offices of those of the members of the Commission, wish to go protest and we'll all down there, whenever we're given the proper time. Is there anything else that comes before this Commission before we adjourn? Mr. Plummer: We adjourn. Si. ACCEPI' SIMON BOLIVAR STATUE FRO?1 GOVERN`tENT OF VENEZUELA TO BE PLACED BESIDE TORCII OI' FRIENDSEIP, BAYFRONT PA'_:1:. INSTRUCT CITY .L1C;AGER TO I:,.'�=IIiTELY FL;D A CO,,1PARABLE GEORGE I;ASFI:;GTOA STATUE TO ALSO BE PLACED L'; L'AYFRONT PARK. Mayor Ferre: You've got some Simon Bolivar statue in Bayfront Park. You've got a lifting of freeze. Mr. Gary: We need Bone decision on the statue. Mayor Ferre: What decision do you need? Mr. Gary: I've called Kern, who would discuss this item, �.t'- Mr. Karl Korn t You're familiar with the statue . . Mayor Ferre: Just show the drawing. Yes, I'm familiar with the statue. Mr. Kern: Number 24. The Minister of Venezuela is coming up here. They want to put the statue, the Bolivar statue, right here next to the Torch of Friendship. Mayor Ferre: Are you sure? Mr. Kern: Right. I met with Mr...... Mayor Ferre: And that's acceptable to you? Mr. Kern: Right. But it is such a major location# I thought you ought to know about it. Mr. Plummer: Where is it? Mr. Kern: It's right next to the Torch of Friendship, downtown. Mayor Ferre: All right, I personally vote for that, but, let me tell you, what what my conditon is, okay. That you....I want a statue similar in size of George Washington on the other side. Mr. Kern: Wait a minute. There isn't a suitable place on the other side. Mayor Ferre: Mr. Kern, let me explain this to you, Sir. There's is not one United States citizen on that Bayfront Park of the Americas and if I'm not mistaken, the United States is part of the Americas. Is that correct? Mr. Kern: Yes sir. Mayor Ferre: I'm just telling you, sir, that you have my vote. I'm the guy that's been fighting to get Simone Bolivar here. We've got a beautiful statue that is worth a lot of money and I'm just conditioning my vote to placing there on the provisal that you, Mr. Kern, are instructed to immediately begin the search with the George Washington Society, with whoever you want to to get George Washington into that Park. I think that's long over due. Mr. Plummer; Is that the one we paid 6 garbage trucks for? I don't know anything about it, Maurice. Mayor Ferre: I know you don't and that's why I'm worried about how you're having alot of protest from Venezuela and Columbia and you declare persona non-gratia for making statements like that. Mr. Kern: They do want to develop quite extensively a Plaza around this. Mayor Ferre: That's all you need for that is that to be known as Columbian. That's the last you'll get... Mr. Plummer: I'm asking a simple question. There is no backup material here at all. Mayor Ferre: All right, there's a motion on the floor. What's your motion again, Lacasa? Mr. Lacasa: The motion is that Mr. Kern be instructed to get a statue of George Wasnington neat to teh Torch of Friendship. Mayor Ferre: And that the Simone Bolivar location be accepted... 115 JUN 81981 F} F t,ixn kaPs y4N.t d}y �Ifi^�yE as, rr A 1 '�- 5; 1 Mr, plUfflMer: May I ask+ so I'M not petsoha non-gtatia, ifisy I please ask you send us some material about what's going on? you know; that I think only be right that we were to see other than discussion wo it uld Who's giving it to us and all of that. of a statue in Bay - linePark. line to ask the question. I think it s not out of Rev. Gibson: Anything else? Mayor Ferre: WE need to vote on it. Call the roll, please. The following motion was introduced by Commissioner Lacasa, who moved its adoption: i MOTION NO. 81-522 A MOTION OF THE CITY COMMISSION DIRECTING THE CITY MANAGER TO ACCEPT THE OFFER OF A SIMON BOLIVER STATUE MADE BY THE MINISTRY OF THE INTERIOR OF VENEZUELA WHICH VENEZUELA HAD REQUESTED BE PLACED ON THE SIDE OF THE TORCH OF FRIENDSHIP, IN BAYFRONT PARK, FURTHER STIPULATING THAT THE CITY COMMISSION APPROVES THE REQUESTED SITE ON THE CONDITION THAT THE CITY MANAGER IMMEDIATELY SET OUT TO FIND A GEORGE WASHINGTON STATUE OF COMPARABLE SIZE AND VALUE, TO BE PLACED ON THE OTHER SIDE OF THE TORCH OF FRIENDSHIP, IN BAYFRONT PARK, Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES. Mr. Lacasa, Mr. Plummer, Rev, Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. Ms. Hirai: Mr. Lacasa: Ms. Hirai. Rev. Gibson: Ms. HIrai: Mr. Plummer: Roll call. Yes. Rev. Gibson? Yes. Mr. Plummer? Yes. �a h 4t E Mr. Lacasa? i. ,- x , t rt i a s•,tt Ms. Hirai: Mayor Ferre? ON ROLL CALL: Mayor Ferre; Yes, but now look, Carl, I don't know.. .well, mayo benow, got that statue as you know. I an Of things around here thataren'lttknow-' I'vebecaubeen tdealingseemslonethisawful thing lotlfor 3 Or 4 years. That is a major statue. Okay? Now, there are drawings for another location and in my opinion, what you're doing, a shlock location, that's a bad place. Mr. Argun please excuse me, to , gun is not an artist, architect nor knows nothing about parks. That's what you do Mr. Lacasa: Let me ask you this. The way this statue is going stalled by you is going to, will it be on a permanent basis orcnoDeeuu,ved, Mr. Kern; Well, we prospose, we told them to cut the time could get it out and have it suitable for dedication... premium, we 116 J N 8198! Mr, tacasa: What I would suggest is that after we do that for the 24th this be referred that for a study of location. Mayor Ferre: Mr. Kern, I don't know whether you're aware of but the govern- ment of Venezuela sent an architect here. lie took the time and money and expense. He made some drawings and did the whole thing. Now, why aren't we doing it where he recommended? Mr. Kern: Yes sir, they sent a delegation here and there was quite a bit of....they could not agree amongst themselves, where to put it or how do it. Mayor Ferre: Sir, I have in my files and I will be happy to give them to you, a letter 3 years ago with drawings, specifically showing where they had chosen and it a letter from the Foreign Ministry of Venezuela saying that they had sent, at their expense, their architect here to help us place and not only did he show us where to put it, they designed what the place should look like. Mr. Kern: Well, I have not seen those. Mayor Ferre: You have not seen that. I see. Mr. Kern: The fact the Counsel General called me last week ana was quite upset because ne tiaa "reteiVea Lrte lUCiiLlUll'�ldZt, the developmental plans an:' he got a notice that they sent ;linister was coming up and he wanted be prepared for the dedication. Mayor Ferre: We're rushing into something that's going to cost us $3,000 to have something done that. Please forgive me, in a half -ass way, instead of doing it properly, when we have drawings and all kinds of things on this thing and I would recommend that you ask...and before you do it, my condition on voting on this thing, is you get a letter from the Venezuelan consulate that they are abandoning the former plan that they proposed. Because I don't want later on to start ... The government of Venezuela when they donated the statue, Mr. Plummer, sent an architect up here at their expense, who does nothing but this, 3 years ago, sir. Mr. Plummer: What is the new question? Rev. Gibson: What's next? Mr. Kern: The new plan is to have a statue up so they can dedicate it by the 24th. Mayor Ferre: And that's all they care about. When we're going end up with is a second rate operation. Typical how we do things around here. Mr. Kern: Well, I must say —Commissioner, you have to tell me what to do on this thing. Either we put it up or we don't put it up. Mayor Ferre: I guess you didn't hear. Mr. Kern: Yes, I'll get the plans.. Mayor Ferre: This Commission, sir, has voted to put up that statue. We have no other choice, but to do it. I'm doing it under protest and I'm telling you what you're doing is a very...I think it's a very, very bad way to appro- ach this. Yes, if its gets to Columbia that you're talking about Simone Bolivar in terms of garbage truck... believe me, you will be persona non-gratia. Mr. Plummer: You say that you're voting for this under protest, now, what is your protest? 117 JUN 81981 '. 1S mayor Petre: That the government of Venezuela, who has donated the statue# has gone to the expense of designing and offering to pay for the placing of that statue. And, that evidently, has been totally ignored. Mr. Plummer; And you're opposed to that? Mayor Ferre: Of course, I'm not opposed to it. Mr. Plummer: You said that you were voting under protest. What is your protest? Mayor Ferre; My protest, Mr. Plummer, is that since we're getting a $100,000 statue, which is a major piece of art, that it be placed according to the plans and specifications and at the expense of the Venezuelan government, who has volunteered and donated the statue, to us. Okay? Mr. Plummer: That's not a protest. Mr. Kern: Mr. Mayor, what if I propose another option. That we have.... . Mayor Ferre: It is, Mr. Plummer. I know you may not understand it and in your terms it's not a protest, but, believe me, it is. Mr. Kern: Well, we could just have it for a dedication, but, not mounted. Have some sort of ceremony when they're here. Mayor Ferre: I voted in favor of it under protest under the conditions tha I placed into the Minutes and you tell that Consulate General of Venezuela that I want from him a letter telling me it is upon —that he's taking it upon himself to abandon his government's recommendations. Okay. I don't want that blamed on the City of Miami. Is there anything else we need to take up? Mr. Plummer: Yes, we've got, Mr. Mayor, the budget, layoffs.... 33. CONTINUE FUNDI:.G OF N . E. D. A . IN P.N AMOUNT NOT TO EXCEED $2,000 TO CARRY THEM THROUGH JU;v'L 25, 1931. Mayor Ferre: Well, WC have 3 me:rbers of !:i<; CUT1m1SsiOn left and I need to know, Mr. Manager, what issues that you nr-ed that are indispensible? You have Manolo Arques's NS-1. Is there a motion that Manolo Arques be funded for June 8th? I mean for the following month. Is there a second? Mr. Plummer: Second. Mayor Ferre: Further discussion? Call the roll. The following motion was introduced by Commissioner Lacasa, who moved its adoption: MOTION NO. 81-523 A MOTION OF THE CITY COMMISSION TO CONTINUE FUNDING OF N.E.D.A. WITH ADDITIONAL $2,000 TO CARRY THEM THROUGH THE NEXT CITY COMMISSION MEETING ON JUNE 25TH. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Mr. Lacasa, Mr. Plummer and Mayor Ferre. 118 Ms, Hirai: Mr. Plummer? Mr, Plummer: Yes. Ms. Hirai: 39. Mayor Ferre? DISCUSSION OF FY 1981-1982 BUDGET Mr. Gary: tion. Mayor Ferre: Mr. Gary: I would like to go over the budget with you and get some direc- With 3 members of the Commission? I've got all of importance, so 3 will be sufficient. Mayor Ferre: What is this? Mr. Plummer: Well, aren't you, Mr. Gary, proposing to come out and give to the budget to the Commission by the 15th of July? Mr. Gary: Well, some actions have to occur before then. Well, just let me explain some directions that I need from you. First of all, the issue is still exists as to whether not this City Commission intends to go up to 1,000 police officers as opposed to 814. It is my recommendation that we remain 814 funded through the General Fund Revenues, that any additional police officers be funded through special police taxing districts, so that we can continue to main- tain a balance in this, quote, full service city. Mayor Ferre: Howard, may I recommended something to you? When Lowry was here, on the record, I gave you all my,at least I gave you some my recommenation... Mr. Gary: Yes sir. Mayor Ferre: Since, we only have 3 members of the Commission and we're all about to break up here, why don't you or Manohar go one by one to the offices of the members of the Commission and get their recommendations as to how they propose the budget and then, formally scheule it on an agenda, early on June 25th. You've got my recommendation on the record. Mr. Plummer: I'm at a loss, Mr. Mayor, it was the expression of 3 members of this Commission, Commissioner Carollo, Lacasa and Plummer, who said that we were in favor of one 1,000 members of the police department. Had nothing to do with a special taxing district, which, may or may not go through. Now, 1,r, Gary, is there some thinking differently? 119 JUN 81Q81 t E3 < RU { r+ N Mr. gar'y'. Saes, t have different thinking. Mr. Plummer: Yes, I'm not speaking of you, Who does not vote. I'M saying the 3 members who do vote. Has there been any expression to you# sirj that they've changed their mind? Mr. Gary: Well, there have been some expression, I think, Commissioner Carollo at the meeting where we talked about the layoffs, talked about in- cluding the Police Department and the Fire Department and the Budget cut process. Mr. Plummer: No sir, he spoke to them in the freeze. He did not speak to the -budget. Maybr Ferre: Plummer, this is, as you know better than I do, is this... Mr. Gary: That is not my understanding of what happened. Furthermore, the Mayor.... Mayor Ferre; Plummer, this is a fluid situation. You know that we're under very serious budgetary constraints. Mr. Plummer: Mr. Mayor, I fully concur with you and I say it's going to get more serious as the days go on that we don't speak about it. Mr. Lacasa I'd like to say for the record, that this community has to be aware that we're, as one of the very few measures, that we take into question of crime that we were going up to 1,000 police officers in our next budget and whatever the expense and sacrifice of full services, the community is aware of this, the community is expecting this. I don't see how now we're going to back down on that wishes that form a commitment that we made and I, for one, am changing my mind. Mayor Ferre: Fine. That's all fine, but you also tell Mr. Gary what it is. how many parks you want shut down. You've got to tell him, what administrators you want fired. You've got to tell him what departments you want curtailed. Mr. Plummer: Mr. Mayor, I disagree with you, sir. Mr. Gary, will tell us, unless you want to start paying me as a Budget Director, Mr. Gary will tell us after we've told him, what he's going to do what he proposing to do there after and we'll either agree or disagree. Mr. Gary: I'm trying to simplify that process. Mr. Plummer: I don't see that way, because when you speak against the wishes of 3 Commissioners, I don't really see you as simplifying the process. I see you as complicating the process. Mr. Gary: Mr. Mayor, it is intention to get an early decision so that we can begin the layoff process before the end of the fiscal year and that we stagger that process so that we won't have a negative impact all at one time. I've given you a copy of... Mr. Plummer: Rea Bennet's trying to help out. She's going to take a leave of absence starting.... Four Commissioners. As long it's those 4 I've got no problems. Mr. Gary: Mr. Mayor, in all seriousness.... Mayor Ferre: Howard, you have to come back and say, implement this. This is what you have to do. Now, you tell me where you want me to cut. Mr. Gary: Fine. Mr. Plummer: Yea, Mr. Mayor, we're now in the first third of June. Mr. Gary is under obligation to present to this Commission, his proposed budget for the coming year by the 15th of July as well as completed labor negotiations. Un- less we're inviting government by chaos, once again, I don't know how much longer we can wait. 120 JUN 81981 i Mayor Ferre: Wait for what? Mr. Plummer: I don't know that before we going to start making some of they decisions, that obviously, Mr. Gary doesn't understand. Three Commissioners have expressed their desire and yet, Mr. Gary doesn't understand it. Mr. Gary: Well... Mr. Plummer; He understood when 3 voted to put him into office. Mayor Ferre: Mr. Gary, you have to come back with a proposed budget, including a 1,000 policemen and tell you what you propose to close down. Mr. Plummer: I agree and he can't do that, Mr. Mayor, until he tells us what has been negotiated in labor. Because all of that is a big bearing. I mean, this is a total picture when you speak of budget. Now, he's under a deadline of 15th of July. Mr. Gary I understand the Commission directive and I will comply with that. Mr. Plummer: The directive is he come up with a 1,000 policemen. Mayor Ferre: Well, we're either going to put off increases or we're going to have layoff 500 people or we're going to have close down parks or department. Something has to be done. Mr. Plummer: There's no question, Mr. Mayor, it's coming. 40. APPOINT MAYOR MAURICE A. FERRE TO THE "DADE COUNTY LEAGUE OF CITIES". Mayor Ferre: Anything else to come up before this Commission? Go ahead. Wait ... what is this thing? I'm not on the Dade County League of Cities. Okay. Would somebody make a motion to re -appoint me to the Dade... Mr. Plummer: No, no. I want to be on the South Florida Region. Mr. Lacasa: I move that you be appointed to the Dade County League of Cities. Ms. Hirai: Commissioner, on the record, please. Mr. Lacasa: I move that Mayor Ferre be re -appointed to the Dade County League of Cities. Mr. Plummer; Does that take 3 affirmative votes? Mayor Ferre: Is there a second? Mr. Plummer: Of course, I second it. Mayor Ferre; Further discussion? Call the roll. The following motion was introduced by Commissioner Lacasa, who moved its adoption: MOTION NO. 81-524 A MOTION OF THE CITY COMMISSION REAPPOINTING MAYOR MAURICE A. FERRE TO THE "DADE COUNTY LEAGUE OF CITIES". Upon being seconded by Commissioner Plummer, the motion was passed 4nd adopted by the following vote: AYES: Mr. Lacasa, Mr. Plummer and Mayor Ferre. NOES; None. ABSENT: Mr. Carollo and Rev. Gibson. 121 „UN 81981 NNW I 1 Ms. Hirai, Boil Call. Mr. plumerl is Y I a It u" itl s t ram' Mr. Plumer: Yes. 4 t Ms . Hirai: Mr. . LacaSA? Mr, Lacasa: Yes. Ms. Hirai: Mayor Ferre? Mayor Ferre: I vote yes. is there anything else that we need to come with? I What layoffs? Jerry...Jerry, is that what you were here for, the layoffs? thought you and Cully were here on this other issue? What layoffs do we have? Mr. Gary: That was primarily to explain to you that we did follow the pro- per procedures in the layoffs. Mr. Plummer: Would you like to speak to a 2 member Commission? Poor Ricky doesn't have a job. Poor Walter Pierce doesnt' have a job. Poor Carlos Men- doza doesn't have a job. There being no further business to come before the City Commission, the meeting was adjourned at 7:50 O'Clock P.M. Al Pi C; K A' MAURICE A. FERRE M A Y 0 R JViy 0 lygl �4 f � ivy IRrIAMI a rn 111conv onATED �} MEETING DATE: is 96 June 8. 1981 O,FLMDEx ITEM NO DOCUMENT IDENTIFICATION COMMISSION RETRIEVAL 1 AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH SURF INC. FOR IMPLEMENTATION OF CITY WIDE HANDICAPPED YOUTH PROJECT FOR A FOUR MONTH PERIOD (FUNDED BY HUD) R-81-489 81-489 2 IMPLEMENT HOUSING ASSISTANCE PROJECT FOR CUBAN AND I-lAITIAN REFUGEES FOR ONE YEAR/ENTER INTO AGREEMENT WITH LTT'TLE HAVANA ACTIVTTTES AND NUTRITION CENTERS OF DADE COUNTY, INC. (ALLOCATING $120,000.00 FROM HUD) R-81-493 81-493 3 DECLARE INTENT OF CITY TO ISSUE REVENUE BONDS (DINNER KEY MARINA PROJECT) APPROVE BRYANT, MILLER AND OLIVE AS BOND COUNSEL,ETC. R-81-494 81-494 4 AUTHORIZE CITY MANAGER TO CONTINUE SERVICES OF HENRY THOMPSON AS PROJECT COORDINATOR OF THE CITY OF MIAMI/l)NIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER PROJECT. R-81-495 81-495 5 CLAI'1 SETTLEMENT OF IRENE REDDY R-81-496 81-496 6 PROVIDE REIMBURSEMENT TO MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TRAVEL, MILEAGE, AND PER DIEM EXPENSES (ADMINISTRATIVE POLICY 1-77). R-81-497 81-497 7 APPOINT HARRY KANTOR TO THE MIAMI AUDIT ADVISORY COMMITTEE R-81-498 81-498 8 APPOINT JOSEPH MIDDLEBROOKS TO SERVE AS REGULAR MEMBER OF URBAN DEVELOPMENT REVIEW BOARD. R-81-500.1 81-500.1 9 APPOINT RON FRASIER AS ALTERNAT MEMBER OF THE URBAN DEVELOPMi'NT REVIEW BOARD R-81-500.2 81-500.2 10 ACCEPT PLAT ENTITLED "THE RENAISSANCE" AS WELL AS DEDICATIONS SHOWN ON IT, ETC. DIRECT CITY MANAGER TO RECORD SAME. R-81-501 81-501 11 FIFTH ANNUAL MIA.MI BAHAMAS FESTIVAL: CLOSE REQUIRED STREETS, WAIVE ONE HALF FEE FOR USE OF SHOW'MOBILES, APPROVE $29,284 IN KIND SERVICES IN SUPPORT OF SAID FL'STIVAL.ETC. R-81-502 81-502 12 AUTHORIZE INCREASE IN CONTRACT TIMCO ELECTRIC INC. COMPLETION OF MIAMI STADIUM FIELD LIGHTING 1981 R-81-503 81.-503 13 ACCEPT COMPLETED WORK: POLSTEIN CONSTRUCTION,INC. POINT VIEW HIGHWAY IMPROVEMENT R-81-504 81-504 1.4 ACCEPT BID: DMP CORPORATION. SOUTHERN DRAINAGE PROJECT E-5.1 R-81-505 81-505 15 ACCEPT BID UNLIMITED PRESSURES,INC. EIGHT dW OXYGEN CASCADE SYSTEMS. FIRE DEPARTMENT. R-81-506 81-506 r ,DOCUMEN CONTINUED PAGE = ITEM NO. DOCUMENT IDENTIFICATION `.Wi "-"""'v" 16 DISCUSSION AND DEFERRAL OF THE ACCEPTANCE OF BID FROM PROPERTY MANAGEMENT AND MAINTENANCE INC. CLEANING OF ORANGE BOWL, MARINE STADIUM AND BASEBALL STfflIUM M-81-507 81-507 17 ACCEPT BID. COMPLETE BUILDING MAINTENANCE CO. AFRICAN SQUARE RECREATIONAL BUILDING. REROOFING DEPARTPILNT OF PARKS. R-81-508 81 508 18 ACCEPT BID: TRI COUNTY FENCE COMPANY,INC. ORANGE BOWL SECURITY FENCE.DEPARTMENT OF STADIUMS AND MARINAS. R-81-509 81-509 19 CONFIRM ORDERING RESOLUTION: AUTHORIZE CLERK TO ADVERTISE FOR SEALED 13IDS: CONSTRUCTION OF CITY WIDE WEST 57 AVENNUE (SANITARY SE1,'ER Ii1PROVEMI;NT DISTRICT SR-5469) R-81-510 81-510 20 CONFIRM ORDERING RESOLUTION: AUTHORIZE CLERK TO ADVERTISE FOR SEALED BIDS: CONSTRUCTION OF CITY WIDE WEST 57 AVENUE SANITARY SEWER IMPROVE^LENT DISTRICT SR-6569-S. R-81-511 81-511 21 CITY MANAGER'S COMPENSATION AGREEMENT R-81-514 81-514 22 STRONGLY OPPOSING ELIMINATION ON DEFERRAL OF ANY CITY i OF MIAMI-STAGE i-METRORAIL STATIONS R-81-52] 81-5'21