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HomeMy WebLinkAboutCC 1981-04-28 MinutesCI r! • ���1,1't OF MEETING HELD ON APRIL 28, 1981 PREPARED BY THE OFFICE OF THE CITY CI,.ERK CITY HALL RALPH 6, ONGIE CITY CLERK - - V ------ --- - -- INDEX CITY'NISSIQJ OF-MIAMI, &IDA N. (SPECIAL) S�CT (APRIL 28, 1981) $QujQ,y°hQ, PAGE N0, i 1 A MOTION DIRECTING CITY ATTORNEY TO PREPARE THE GUIDELINES FOR THE FORMATION OF A BLUE RIBBON COMLIITTEE INRE CRIME WAVE IN THE CITY OF MIAMI M-81-387 1-3 2 DIRECTING CITY MANAGER TO EXTEND THE SCOPE OF THE CONTRACT WITH POST, BUCK'LEY, SCHUH, JERNIGAN, INC. TO DO AN ENVIROMENTAL IMPACT STUDY ON THE CITY OF *IIA?tI M-81-388 5-14 MINUTES OF SPECIAL MEETING CITY COMMISSION OF MIAMI, FLORIDA On the 28th uay of April, 1981, the City Commission of Miami, Florida met at Bayfront Park Auditorium in Special Session for the purpose of discussing business of public import. The meeting was called to order at 5:00 O'Clock by Mayor Ferre. Mayor Ferre: Okay, now we're going to what was scheduled at 5 O'clock with regards to the Parks and Recreation, especially the pools and the possible misunderstanding of the motion that was passed at the last hearing. As I recall the wording of that was that the services were to be retained but it did not specifically speak to the solution as to how those services were going to be retained. Is that correct, Mr. Gary? Mr. Gary: Yes, basically. I think the motion as passed by the City Commis- sion expressed the intent that the programs that were in the Leisure Services Department that were affected would be continued. What I could do, Mr. Mayor, is I have given each of you a package which has 4 items in it. Mayor Ferre: Excuse me for interrupting you, but Commissioner Lacasa wants to make a statement relatina to the crime issue and he wants to do it since it fits more in conjunction with the previous area. So I will now, for the purposes of - this is a non-scheduled Commission Meeting and with the powers granted to me by the Charter, I call this Commission into session for the specific issue of dealing with a motion to be made by Commissioner Lacasa after he explains it, so that a blue ribbon crime committee is appointed to help advise the City Police Department. All right, Commissioner Lacasa. Mr. Lacasa: Mr. t•fayor and members of the Commission, we all know the sit- uation that the City of Miami is experiencing as far as our crime situation is concerned. Just last week we took some measures but the problem is widespread and the economics, the life of the City itself I believe is at stake at this particular point. It is my point of view that, and after having a discussion with the Chief of Police concerning this issue, I want to propose to the City Commission that instructions be given to the City Attor- ney to prepare the formation of a blue ribbon committee formed by a cross- section of members of this community with powers to advise the City Commis- sion and the Police Department and give to this blue ribbon committee as much authority as we can including but not limited to subpoena powers and a life of about 90 days because what we are trying to do here is not to create more red tape but to involve members of our community to get to the bottom of this problem to put the pressure where the pressure needs to be placed not only in our law enforcement agencies but also in the judiciary to try to bring the State government into this situation and try also to get into establishing a cooperation even stronger than the one we have with the County Courts. So in order to implement this, I move that the City Commission at this time give instructions to the City Attorney to prepare the guidelines for this blue ribbon committee and also to put it on the agenda for the next City Commission hearing on the 15th so we can go ahead and be ready at that particular point not only to adopt the forma- tion of the blue ribbon committee but also to appoint its members so we can have this committee going on as soon as possible. Mr. Plummer: Is there a second to the motion? Is there a second to the motion? Mayor Ferre: Is there a second to the motion? Mr. Plummer: Since you've resumed the chair, I will second the motion. Mayor Ferre: A1l right, under discussion? Mr. Carollo: Commissioner Lacasa, before this Commission car: take a major step like this I would like to have more information. You're saying that this blue ribbon committee is going to have subpoena powers, subpoena powers for what exactly? If it is going to look at the crime our Police Department already has subpoena power for that. I'm not quite sure I quite understand the f,urposc of this blue ribbon committee. i 4 Mayor Ferre: Well, as I understand it, what you're offering here is a motion in principle which obviously has to be refined to a resolution for the proper legal form. Mr. Lacasa: That is correct, Mr. Mayor. Mayor Ferre: But you're not.... Subpoena power is something that we have to be very careful about.... Mr. Lacasa: That is why I discussed with the City Attorney before making this propositicn to the City Commission of the possibilities of going into this particular aspect in the formation of the blue ribbon commission and I am asking the Commission to instruct the City Attorney to look into the angles in order to prepare guidelines so we can discuss this opportunity. Let me tell you that this type of blue ribbon committee has been used very successfully in other cities in the United States in situations similar to the ones that we are experiencing now. What I am trying to do by this is to get this community as a whole in tune with the situation that we are facing to get to the bottom of the problems not only from the law enforce- ment agencies standpoint of view but also to see how we can get citizens participation into this fight against crime. We are losing this fight by having only x-number of police officers on the beat, we don't have the resources, the City by itself to stand up to the kind of situation that we are facing so here we need with a sense of emergency. We need the full participation of this community, it is high time for the people to be heavily involved with this and this blue ribbon committee that I am proposing now could be the cord By having people, not political people, just people from the cross section of this community involved in this effort we might be able at this time to get the ball rolling and get this whole community involved in an effort which is not only of the nature of the one that the law enforcement agencies can provide but also of a preventive nature. We need to clean the air, we need to clean this com- munity. Mayor Ferre: Further discussion? Mr. Carollo: Is this committee going to function in any way shape or form as a Civilian Review Board also? Mr. Lacasa: I don't invision a civilian review board for this function .... This is a blue ribbon committee which at this particular point the concept has to be elaborated and what I am asking at this point is that the City Attorney gets involved to see to what extent we can go and inform- ation and I would say that the City Attorney, I'm sure, will welcome the individual recommendations of every member of the Commission as to what should go in. We have more than 15 days before the next City Commission Hearina and that could provide us with some time to provide the City Attor- ney with individual recommendations also at this stage that could be in- cluded in the final guidelines and he will come to the City Commission on the 15th if this motion is passed and propose to us for discussion. Mr. Carollo: What I will be voting upon will be only to instruct the City Attorney to look at guidelines to forming an advisory citizens board, a blue ribbon committee of our citizens to advise the Commission as to what stepsand what areas we should need to look into, we should need to put more resources to and what changes need to be made. That, I would be in favor of If we're to be asking the City Attorney to look into the guidelines of forming a blue ribbon committee that will have subpoena powers or that will at some point in the future will act as a civilian review board I cannot vote even in principle on that. Mr. Lacasa: I am not mentioning the question of a civilian review board Here, Mr. Carollo, all I'm saying is basically what you have said. The subpoena power is something that iias ueu:. used in other communities of this nation and I think that they may be worthwhile to be explored. This blue ribbon commi�+ee will be as good as the authority that we give to the blue ribbon committee without surrendering, of course, the authority of the City Commission or the Police Department or create any kind of body that would interfere with those authorities but what we are asking, at least what I have in mind to ask from those citizens that might partici- pate in this blue ribbon: committee is to get deeply involved into this and to give them the motivation and to give them as many tools as we can se as to get the ball rolling on this very very important and sensitive issue for our comrn._ir,ity at this point. .q APR 28 1981 i Mr. Carollo: Commissioner, I have no problem with that but I don't want any even suggestion of subpoena powers for this committee to be mentioned to the City Attorney at this point in time. If that will be made clear then I would vote in favor. If that cannot be made clear I cannot vote in favor of the motion. Mayor Ferre: Well, I think that is something, Commissioner Lacasa, that we need to discuss.... I for one ..... that every crime whether it is in the City of Miami or Metro in the past 25 years that I have observed this, when you get to the point of subpoena power everybody backs off. And the reason I think is very clear. These are Charter and blue ribbon committees as they're known, and Merritt Steirheim and the Manager before him and the one before him and the same with the City Manager, the reason is that there are ample agencies that do posess subpoena power and the State Attorney and the U.S. Attorneys... The City of Miami Police Department has certain powers and that gets to be very touchy grounds but that's not something that we're going to debate or discuss now. I think that that is something that we should come prepared to discuss on the 15th. I think that your idea of a blue ribbon committee to help us and to help the administration, to help the Police Department, think this matter through is very very worthwhile. I just came back from Washington, I'm going back either tonight or tomorrow, and I and the joint chiefs of staff......... for 4 days, meeting with 35 people there , there are 3 star generals and ambassadors and the amazing thing that they're doing is that they go over simulated situations that deal with the....... aspects of American life and in this case it happens to be an area that obviously Miami is very interested in. It is amazing to me that even the joint chiefs of staff of the United States go out for com- plete ignorant people like myself who absolutely know nothing about military matters..... to get balanced statements to see what comes out of these simula- tions. So I really think that what you're talking about is extremely impor- tant and if properly structured and properly done could be of great benefit to the Police Department. So any further discussion? Call the roll The following motion was introduced by Commissioner Lacasa who moved its adoption: ,90TI0`.I NO. 81-387 A MOTION OF THE CIT'i CO?1MISSION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO PREPARE THE NECESSARY GUIDELINES FOR THE FOR- MATION OF A BLUE RIBB014 COMMITTEE, THE FUTURE MEMBERS OF WHICH ARE TO REPRESENT A CROSS-SECTION OF THE COMMUNITY; FURTHER STIPULATING THAT SUCH COMMITTEE WOULD HAVE ADVISORY POWERS TO RECOMMEND BOTH TO THE CITY COMMISSION AND TO THE POLICE DEPART- MENT IN MATTERS RELATING TO THE PRESENT CRIME WAVE IN THE CITY OF MIAMI; FURTHER STIPULATING THAT SUCH COMMITTEE WOULD, HOPE- FULLY, ACTIVELY TRY TO INVOLVE MEMBERS OF THE COMMUNITY AT LARGE IN ITS PURSUITS AND GOALS, AS WELL AS DELIGENTLY SEEK TO INVOLVE IN THIS EFFORT THE STATE OF FLORIDA AND METROPOLITAN DADE COU14TY GOVERNMENT; AND FURTHER REQUESTING THE CITY MANAGER TO PLACE TH.S ITEM ON THE AGENDA FOR THE COMMISSION MEETING PRESE14TLY SCHEDULED FOR MAY 15, 1981, AT WHICH TIME THE COM- MISSION WILL CONSIDER NOT ONLY THE FORMAL ADOPTION OF THE GUIDE- LINES CREATING SUCH BLUE RIBBON COMMITTEE BUT ALSO THE POSS- IBLE APPOINTMENT OF ITS MEMBERS. Upon being seconded by Commissioner Plummer, the motion was passed and opted by the following vote - AYES: Commissioner Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor (Rev.) Theo?orr R. Gibson. �13 i Mr. Carollo: Mr. Mayor, if I may, I would just like to inform you that I do have to leave here no later than ten minutes till six. Mayor Ferre: Okay, if that be the case, Vince, would you step.... This is a rather critical matter. It looks like - let's not get into the reasons or the discussions but why, I'm sure at the proper time you'll give us a written report as to what this is all about. But it looks like we have not fully complied with the State requirements with regards to the environmental aspects of gas emissions in the Convention/Conference Center, specifically the garage. Now, we need to get going with that, six months ago, we're really in violation of State Law.... to Tallahassee, I think to shoe good faith we cannot, we can't wait until November 15th, Howard, it is just too long. So now that we're all gathered here I would like very much for the Commission to give Vince permission, he has been negotiating with Post, Buckley, Schuh, Jernigan to do the gas emissions study for the City garage that we're putting up and as I understand it, we have not come to a final figure but it shouldn't be over $50,000. INAUDIBLE STATEMENT Mayor Ferre: Well, I think we ought to give you sufficient latitude so that if you can come to a conclusion on it tomorrow then you don't have to come back to this Commission on the 15th, if you can contract them tomorrow, con- ditioned that they start their study immediately because what we are jeopardiz- ing now is a $120,000,000 project unless we can get State approval. We've got to get on with this right now. Did I cover it? Mr. Grimm: Yes, sir. Mr. Lacasa: What do you need fror; us now, Mr. Grimm? Mayor Ferre: A motion to authorize the administration, Vince Grimm, to.... Mr. Grimm: To negotiate a contract and then present it to you for ratifica- tion, but the stipulation is that we'd start to work tomorrow. Mayor Ferre: In an amount not to exceed $50,000. Mr. Grimm: Yes. Mr. Plummer: I don't like it but we're in a time bind. Let me just for the record ask, did you talk with any other companies? Mr. Grimm: No, I have not. Mayor Ferre: Well, I think that is important now that that question has been asked.... Why in particular Post, Buckley, Schuh and Jernigan? Mr. Grimm: Well, when this problem first came to my attention I went into the file and saw that Post Buckley had done the Environmental Impact Assessment for this same project. I was also informed when I..... Mayor Ferre: For what same project? Mr. Grimm: The Convention Center. And that was a requirement of the Federal Government in order to get our EDA grant. Mayor Ferre: Well, can't we consider this an extension of that? Mr. Grimm: Yes, a lot of the data that..... Mr. Plummer: All right. . 4 APR 2 6 ::;;, 6 i The following motion was introduced by Commissioner Lacasa who moved its adoption: MOTION NO. 81-388 A MOTION OF THE CITY COMMISSION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXTEND THE SCOPE OF THE CONTRACT PREVIOUSLY ENTERED INTO WITH THE FIRM OF POST, BUCKLEY, SCHUH, JERNIGAN, INC. (WHICH FIRM HAD ORIGINALLY BEEN UNDER CONTRACT TO DO AN ENVIRONMENTAL IMPACT STUDY ON THE CITY OF MIAIMI/UNIVERSITY OF MIAMI-DAMES L. KNIGHT INTERNATIONAL CENTER) TO NOW INVESTIGATE AND PREPARE A REPORT ON ALL OF THE REQUIREMENTS FOR A COMPLEX SOURCE PERMIT, AS REQUIRED BY THE FLORIDA STATE DEPARTMENT OF ENVIRONMENTAL REGULATIONS, SUCH EXTENSION OF CONTRACT NOT TO EXCEED THE AMOUNT OF $50,000. 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. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner (Rev.) Theodore R. Gibson. Mayor Ferre: Because it is an extension of a previous contract and the engineer- ing firm had done an environmental impact study and because they are also the people that are doing part of the study for DuPont Plaza and, therefore, have a lot of information about fume emissions and gasoline from cars and so on, I think that this is something that is absolutely critical to the success of that project and I vote yes. Mr. Plummer: Mr. Mayor, I would hope out of fairness to Father that the motions that are passed here today, that a report will be sent to Father no later than tomorrow morning informing him of the definite actions that this Commission has taken in case he wants any input. Mayor Ferre: Okay. Mr. Gary: Mr. Mayor, I have given you a package.... The first document is an analysis made by me of the historical and the future of the City of Miami beginning October 1st 1980 and.... The second attachment is a memo that I prepared to Richard L. Fosmoen, City Manager dated January 15, 1980 that was discussed at the December 17, 1980 Commission Meeting outlining the budget problems of the City and the solution that was proferred by the City Commission. Attachment B is the Fiscal Year 1981 Updated Budget Status Re- port, attachment C is the projection of the 1982 budget. Attachment D is a memorandum that includes statistical information with regards to the layoffs in Leisure Services and Attachment E are the programs in the Department of Leisure Services. If you'll take out the first memorandum dated 8th of May, 1981 from me, what I attempted to do in this memorandum is to explain to the City Commission the status of this year's budget as it began in October, 1980. If you'll recall, the City Commission established a policy that this year's budget should be reduced so that we could begin the 1982 fiscal year with a balanced budget. The concerns expressed by the City Commission at that time were that we were going to be experiencing high rates of inflation, we had the conflict of the Trim Bill as well as the impending union negotiations. Now this problem has been further complicated by the tact that the Reagan economic policy resulted in the City of Miami losing approx- imately $50,000,000. Mayor Ferre: $50,000,000, explain that, that's not from the operating budget, the 1982 budget? Mr. Gary: No, not in the operating budget, this information is taken from a letter that we submitted to Congressman Pepper identifying all of the losses that the City would experience, namely EDA, CETA funding. Mayor Ferre: Some of those are capital expenditures, some of those go into the Capital Budget, I think it is very dangerous that people would think that the federal government is going to cut $50,000,000 from our operating budget. How much, sine we're talking about apples let's stick: to apples and not get carried away. The question is of the $50,000,000 how much of that is 95 APR 2 8 1981 supplements or is part of our operating budget? Mr. Gary: Approximately $12,000,000 will be lost.... We have approximately $700,000 are going to be lost in Federal Revenue Sharing..... Mayor Ferre: $700,000 in Federal Revenue Sharing will not be lost in Fiscal 82 will it? Mr. Gary: It is going to be lost in 81 and 82. We just heard two days ago that one of Reagan's plans is to hold Congress down to reduce the last entitle- ment period for the Federal Revenue Sharing for this fiscal year... and that's roughly $700,000 .... this year. In addition to that, we will have a minor reduction in Community Development and.... EDA Grant as you said before. So roughly speaking we're talking about maybe $30,000,000..... Mayor Ferre: Well, in other words it's not part of our $121,000,000 operating budget but it is a part of the operations of the City because these are services that are being rendered and if we don't have the same sources of funding those monies have to be found. Mr. Gary: Or we have to trim the services back. Mayor Ferre: Or eliminate the services. Now, the shortfall projection, I quickly went through this and I see that you have a shortfall projection of $9,000,000. Now, I further see that you also have salaries and wages at 7� million dollars in the shortfall, add pensions, self-insurance and overtime holiday pay and so on at $3,782,000 which is a total of $10,000,000. So there is your shortfall, I mean it is more but that is enough, there is your short- fall. Now, when you say $7,534,000, what is your assumption on the salary increase? Because that's what you're talking about. Mr. Gary: Yes, we have assumed a 10% in our projection, a 10% salary increase. Mayor Ferre: Is that something that was worked out with Mielke or is that just a figure that we picked out.... Mr. Gary: It's just a projection. Mayor Ferre: Projections, as you know in the past, have a way of becoming a reality. Now the question is, and my question to you is is this something that was discussed with the negotiating team or is that something, because I'm not saying this as a criticism because you were involved in the process before, but you know the last time we went through this we assumed 33. Mr. Gary: Well, Mr. Mayor, I would hate to compromise or make a comment with regard to what we're discussing because I wouldn't want to compromise negotiations. But I would say that the 10% is very conservative but we think it is a realistic figure at this time. Obviously, we cannot predict what the final outcome will be with regards to negotiations. So the function is the 10% as for Police, Fire and AFSCME employees. The SEA agree- ment is already in place for the next fiscal year. Mayor Ferre: I know that, and what percentage is that? Mr. Gary: 10%. Now, Mr. Mayor, what I have done, if you recall, in October the City Commission passed a policy which reduced this year's budget so that we begin next year's budget with a balanced budget and at the time 7 was the percentage reduction that was discussed. That 7* represents approx- imately 5,3 million dollars. At that time, we did a budget estimate of this year's budget and we estimated at that time that there would be a $4,000,000 short fall. That $4,000,000, to accomplish the reduction of that $4,000,000 we su:,rriittfd a plan that would save approximately 3.9 mil- lion dollars. This left us with roughly about $100,OCi0 to go. Now, as the result of the plan being implemented late and some of the plans not beinca done, that figure was reduced down to about 1,7 million dollars. Now, be- cause the concerns came .ir with )­aarl fn flip layoffs, I thoual-it it was im- portant for the City Cnmmi�js-ion to understand what the current situation looked like ai)d what the future situation: we think will look, assuming all these assuml-tions gold true. If the City Commissior. decides riot to imr-lem(-nt the prol-sed reductions the City will exl-trier ce approximately a shortfall this year. Now, that represents approximately 47�) employees. Now, at the last City Commissinn Meeting the City Commission exl,rc'ssed an 1ntere-5t or a policy In increasing the Pollee Department uf-, to l ,i;(',�i which mk an!" an additional 186 police officers. The cost of that wa.A_l bc, 5.(. million; dollars. That wr)uld make thel,roblem 15.6 million dollars ar:d that mnr,thly converts into approximately 743 positions that 06 A=,:4, J,a181 i i. would have to be reduced. Now, the problem with regard to recution is partly complicated by the fact that the City Commission has expressed the policy that Police and Fire are excluded from reduction. Now if you take the 7% reduction that the City Commission agreed was what we should imple- ment this year, the Police Department represents, Police and Fire represents 51% of the General Fund Budget. If Police and Fire are excluded from those reductions then the remaining reductions of the 71 cut would have to be absorbed by the other remaining departments and that equals a 20% cut for other departments. Now, I guess what I'm saying to you.... Mr. Carollo: We get the message, Howard, and let me say this much. Speak- ing as one member of this Commission, I'm in favor of extending that 7 to 10% reduction to the Police and- Fire Departments, the difference being is that while this Commission has and is going on record of wanting additional manpower for the Police Department, wanting to maintain the level of; Fire protection that we are giving to the City of Miami, I think that a lot of us realize that there are also a lot ofwaste within the Police Department and within the Fire Department in areas that are not essential for the pro- tection of life and property for out City. For example, recently I read in the newspapers, no one had the courtesy to tell me about it until I read it in the papers that our Police Department ordered a new computer, an I.D. fingerprint computer for the Police Department. According to that newspaper article there is something like no more than five police depart- ments across the country that have computers such as this. Do you recall what the total purchase price of that computer was, Mr. Gary? Mr. Gary: No, I sure don't, if I recall, it wasn't a computer it was a piece of equipment that hooked up to our computer that would enable us to read fingerprints quietly and quickly to respond to..... Mr. Carollo: The total price was several hundred thousand dollars, is that correct? Ar. Plummer: Joe, it was $400,000. rt. Carollo: thank you, J. L. $400,000. Well, I think this is a prime example of what I'm talking about. Sure, it would be nice to have machines such as that if we could afford it but we have to draw the line as to what are luxury items that we cannot afford. if the money was there there would be no problem but the truth of the matter is the money is not being there and we're going to be faced with a situation where we can't put out another 15 or 20 police officers because we're spending hundreds of thousands of dollars in other areas that are not essential I want these other areas cut and I want the manpower out there and I want the paper shufflers out of the Police Department and Fire Department out on the streets. Mr. Lacasa: Mr. Mayor, I think we have deviated somehow from the issue that prompted this Special Commission Hearing to be called and, of course, I realize that the question is very much related to the problems that we are facing but I would like for a moment to go to the main issue under dis- cussion today which was the reason why I requested from you that this spec- ial Commission Meeting be called and this is the question of Motion 81-385 that was moved by me and passed at the last City Commission Hearing last Thursday. The motion says, according to the minutes, "A motion of the City Commission authorizing and directing the City Manager to continue the City of Miami pool programs in the same manner and to the same degree of service as they have been conducted heretofore without any reductions whatsoever." That was the motion, and•I have read it literally from the minutes. The following day, in other words this was passed late Thursday, probably during the early hours of Friday. A few hours afterwards and with complete disregard of this motion, the Human Resources Department, to my understanding, laid off the 17 or so pool supervisors that operate this program. My first question is why was this resolution that was ap- proved by the City Commission disregarded a few hours after it was passed and what does the administration intend to do in order to correct what I believe has a viniatiri<< of the will of this Commission, as expressed in this reso!,;tiun: I have no problem in discussing the question related to the budget that has been raised by the City: Manager, but I want to discuss this first because what is involved here is not only the fact that this Commission and you, nor. Mayor, yourself and other members of the Commission stated that the question of the children oriented programs is a first priority of this City Commission, that this is also one of the most effective: ways to prevent crime now that we were talking about.... some of the statements that he had made concerning this issue but also the fact that this Commission expressed its will through the passing of • ►l I F� 8 1981 i this resolution and the end result was that the Human Resources Depart- ment a few hours afterwards violated the will of this Commission by not implementing this resolution in the way that it was passed. Mr. Gary: May I respond? Mayor Ferre: Yes, sir. Mr. Gary: I would like to say three things. Firstly, the Department of Human Resources comes under the jurisdiction of the City Manager and that the layoffs that were implemented were at my direction. Secondly, I would like for the city Commission to bear with us just to hear a presen- tation in terms of the effect of the proposed layoffs on recreational programs. I would like for you to, I would like to put this in a light in terms of what were the services prior to the layoffs, what are going to be the services after the layoffs and a discussion of the differences as a result of the changes. Mr. Lacasa: Just a minute, because I know there is tremendous interest in listening to that but as I said before, at least from my standpoint of view, what is at issue here is much more than the specific problem of this particular problem. I would like for the City Manager to tell me now that he says that it was under his direction if first if the motion was clear or if there is any misunderstanding as to the intent of the motion. I want to know first if the administration belives that it was the intent of this Commission when it passed this motion that this pro- gram be kept in tact and that no reductions in personnel were to be imple- mented. rdr. Gary: Commissioner Lacasa, I was under the impression that the pro- grams were to be continued but I was not under the impression that that was dependent upon us retaining the 17 people. Mr. Lacasa: So in other words what it says in this motion, and I read literally the last line, "...without any reductions whatsoever..." and that was the motion that the City Commission passed, I mean you did not understand that as to the point that the will of the City bmmission was to keep these pool operators on the job in the same way that they have been before? .... I am reading from the minutes of the meeting, 'Mr. Mayor, and I think that you have it there. This is the one. Mayor Ferre: A motion of the City Commission authorizing and directing the Manager to continue the City of Miami pool program in the City of Miami in the same manner and to the same degree of service that they have been conducted heretofore. Mr. Lacasa: Without any reduction whatsoever and that is the key wording_ as far as the issue. Mayor Ferre: I concede that I'm not a arammarian or a lawyer like you are, but I'll tell you, in a court of law I'm sure any judge would tell you that that is as ambiguous a statement in the king's English as there is because without any reduction whatsoever, does that mean without any reduction of service or without any reduction of personnel and I would imagine, Mr. Knox, that in the structure of that sentence the ruin subject is program in the same manner and to the same degree and the description is the main thrust of the program then reduction whatsoever must refer to the program and there is no mention of personnel. Mr. Yj)ox: Generally.... The context is determined by first the literal ... (INAUDIBLE.) "I" AND third by the manifestation Mayor Ferre: Legislative intent, what you're talking about. Pir. Lacasa: That is correct, sir. Mr. Carollo: 'Ir. Mayor, unfortunately as I said previously I have to leave now. Before I go thout_1h, I would like to make my position clear. I believe that the number one• l:ric,rity of this Commission is protection of life and pron(_•rty in this City. I feel our second priority should be our kids, our chil•.irer, and I dot,'t think it couli be more clear than that where I stand. Mr. Lacasa: Okay..... Mr. City ?attorney, would it be a violation of the Ch.,rter on my I.irt to move that these 17 persons that are providing services as pool su1,orvisors iT, this particular program be retained? ..... authority as City Cor-:missio,,tr car would it be a violation of the Charter to move that? 08 AI-;� ;::�s 19s1 6 4 Mr. Knox: The City Commission can express its will relating tc employee matters but it may not direct the City Manager to engage -in activities involving personnel.... Mr. Lacasa: Well., then will the City Commissioner be violating the Charter by moving that no reductions of personnel independent of who, just moving that no reduction of personnel be made in this particular program? Mr., Knox: The Commission could adopt a motion which indicated that it is the Commission's intention that no personnel be removed. I might add, however, that that has been an expression of the will of the Commission and I believe that that is not binding upon the City Manager. Mr. Lacasa: Okay, so in view of that I will move that this Commission express its will that these 17 pool supervisors who I believe are essen- tial to the effectiveness of the program that we are trying to preserve be retained by our administration in the same status that they have enjoyed up to this point, that means as full time workers. Mayor Ferre: All right, is there a second to that motion? Mr. Carollo: I will second that motion with one exception, that the City Manager also would have the prerogative of giving these individuals addi- tional work if need be. As we stated last time, especially the statements that the Mayor made, we want to make sure that these people are giving us a full 40 hour d-week work schedule. Mayor Ferre: All right, there is a motion and a second. Under discussion, Mr. Al Howard wants to make a presentation. Mr. Adams, I will recognize you but not now. All right. Before we vcte, Howard, do you want to go over this very quickly? Mr. Gary: Yes, we'd like to do that. Mayor Ferre: ... (INAUDIBLI) Mr. Gary: ,lust for the record, the peolle affected, the pool people af- fected.... (INAUDIBLE) Mayor Ferre: What? Mr. Gary: There are 7 pool managers and riot 19. Mayor Ferre: Is your motion for 7 pocl managers? Mr. Connor Adams: Mr. Mayor, that's what I wanted to clear up. Okay? Mr. Lacasa: Whichever the number is. Mr. Adams: It included the Recreation Leaders, the 17 people that were ..., so it was 7 Pool Managers and 10 Recreation Leaders. Mr. Lacasa: 7 Pool Managers and 10 Recreation Leaders. Mr. Adams: I understand that that is really the wrong figure, now the figure is up to 7 Pool Managers and 14 Recreational Leaders. Mayor Ferre: That's 21 people. Mr. Al Howard: Mr. Mayor and City Commissioners, what wo were asked to do is reduce our budget by 71t, keeping in mind not to recluce any services but in some reslects use the culmination to improve programs. We feel through our program that we have arhinved our goals and objectives and I'd just like to to over it briefly to :>!,ow yuu how. On this chart here and in one of your brochure_ yQ. an April 24th memo, it indicates the budget chart. If we were just to do it for the next eleven pay periods for this year we would reduce thv fool budget by put back $3C�,000 into l%art time help to hire people to run the pool, qualifited part time hell., peolle who will be trained and possibly people from the same community whc-re the pools are lo- cated who could relate very well with their own l:c,ers. We would also deduct the fringes that we hay the full time personnel that we will not pay part time pursor,nel. For a savings ir: the pool of $49,0:10, approximately $50,000. This is only for an 11 wt-ek period. Likewise, we would reduce the Leader :I Li-dae-t c:f which tht.re are 14 by $113,000, taking out $79,00n for part time 0 09 APn ,,�01 6 4 help so we would have the same coverage, if not what we have now but more because we would deploy our help a little differently than what we have. We would save $64,000 there. In an 11 pay week period or from May to September 30th, we would save the City $113,000. Now, if we were to look at one year, utilizing the same type of theory, reducing the full time personnel, replacing some moneys in for part time both in the pool and the leaders - and I won't go through each of the figures because I know you're in a hurty - for a full year we would save $317,000 for the entire Depart- ment of Parks and Leisure Services without reducing services by one personnel. We could go to the other charts over here, what we have now are 7 Pool Man- agers. We have 7 Pool Managers operating 9 pools - and by the way we may be operating Virginia Beach so we'll even have more and we're with 4 life- guards per summer. We have the 15 Recreation Leaders II's right now work- ing full time with Recreation Leader III's and 17 part time specialist per zone which would actually give you 51 because there are 3 zones. Now, after the oayoffs we would have 9 full time managers working in the 9 pools be- cause we would put 9 part time people on, aualified part time people. We would go to one Pool Specialist, a pool supervisor over all the pools which would actually be operated in a much more efficient manner because one person would be in charge of all the pools which we do not have now. We did have that years ago but due to budget cuts that was taken out. Again, that would be part time. We would then staff one Head Lifeguard and three Lifeguards. As you can see, there would be an increase in the coverage of the pools by going to part time help. As far as the parks and the playgrounds, the 15 Recreation Leader II's who would be eliminated due the budget cuts, all part time staff would be used to go into their positions. A man here, rather than having somebody on working a full day when it is not necessary to have them. We could deploy our personnel during the evenings and during the week- ends to operate activities when it is necessary. 'lost of the recreation time is done during the evening hours and on weekends. In other words recreation people are working while other people are playing and we really do not need people there full time. We can actually have better coverage durinc. tLe hours when it is necessary. We will also utilize, as I said before, some of the neighborhood people training in the pools, training in recreation so they could relate to their peers within their own neigh- borhoods. This is being done throughout the country. One of the positive impacts that we have besides losing all the personnel, wE would gain approx- imately 30 people in pool supervision, playground supervision avid also instructors and specialists. I may add that throughout the country right now 87t of all recreation departments utilize part time help. We are not setting any precedent, budgets have been cut throughout the country and some of the people that are working now as part timers in other parts of Florida in Dade County, in Coral Gables, worked for the Department before and now have come back as part time help. We have contacted every individual that was informed that they woul be laid off and offered them a position to come back. True, not with the same amount of money but in a neighborhood where it could be feasible and they could work with us and work in other jobs. They do not have their pension rights with that particular type of operation because this is where we're saving money with the part time help, but they have been offered the job, some have accepted and some haven't. As a matter of fact, 9 of the 22 are now either employed or two of them have gone into retirement so 11 people of the 22 have been taken care of. We feel that we can improve our programs, we feel that we can have just as much help if not more in many cases on the programs when they're needed and we feel that we can satisfy t'r,e needs and demands of the people in recreation in the City of Miami. Mr. Plummer: Howard, let me ask a question. Howard, in your estimation, sir, will your plan as outlined maintain the level of service that is pres- ently being provided? Mr. Howard: Yes, it will, and it-. some cases it may improve the service. And what we intend on doing, we have a good program out there, there is no question about it, it is a very good program and the people I thin; will attest to that. What we want to do is bring people to work who are profes- sionals, somebody who car; rur, a jazzercize course, who has done that, some- body in arts and crafts who has done it - specialists in their field. House- wives have latent talents in arts and crafts, drama, music, hire them for the activities. We've always bro_i,3ht people in th(- surmr,er into the pools and the I'laygrcunds who are teachers who are looking for jobs, who are students looking for jobs, people who are in the recreation field. We do not intend to diminish our program or the quality of our program. As a mat- ter of fact, our intention is to imlrove it and I believe we can, given that chance I believe we can. to ^,fir ?81981 Mayor Ferre: All right, further questions of Mr. Al Howard? If not, go ahead. Mr. Adams: Mr. Howard, is it possible that with the present employees you have now in those programs that by distributing the work among those employees you could accomplish the same thing and probably at a reduced cost? Mr. Howard: No, I doubt if we could do that because of certain regulations, you can't utilize through Civil Service plus the fact they're working a 40 hour week. You can't say come in 2, come in 6, go home, come back, and so on. We can't do that. We can deploy part time to meet the needs of the public plus the one thing that we were asked to do in the beginning of the year but as I stated earlier, we had to cut our budget 7%, there is a budget cut. And at the same time, if possible, culminate it in more services and better programs. I don't think we could do it if we maintain the staff. Mr. Adams: As a rebuttal to that, Mr. Mayor, our labor contract now gives the department heads in the City administration to work the employees in our union whatever hours they want to work them as long as they don't work them over 40 hours a week. We have never placed a restriction on the City as to our unit having to work any hours which the City feels would be con- dusive to a better operation for the City. Mr. Howard: I don't believe a retort is necessary, but let me explain the Civil Service Rules. You must give an employee notice of at least 24, in some cases 48 hours before you switch his time. In other words you've got to tell him from day to day, "You're going to come in at 8 in the morning, we don't want you until 6 tomorrow night", you've got to inform, it is a very difficult task to do. Mayor Ferre: Mr. Adams? Mr. Adams: I have one other thing to say. The fiscal impact this City has here, I can't really make a statement on that, I would really like the opportunity to make a statement on it. We have not seen these figures, we have not seer, these projections and I would like a chance to analyze these figures because I feel in one location there is something wrong with one of the figures. Mayor Ferre: Further discussion? Mr. Gary Goodrich: I'm Gary Goodrich, 1247 S. W. 67th Avenue. The pool safety is a big factor, and my father has had to take people that are bleed- ing in the pool, there are serious things with the high dive, I'm just say- ing that the quality of people that they're offering you to take care of the children for over 500,000 hours of supervised just pool behavior is not the same. You are not being offered the same program that they're taking away from you and that is the difference. Mr. Plummer: Mr. Howard, speak to the safety aspect. Mr. Howard: I didn't hear the question, but I assume it's at the pools, is tat what we're talking about? Okay, you know throughout the country, I don't know of very very many places that have full time personnel. Most pools open throughout the country are June, July and August. They open Memorial Day and they close Labor Day. Every pool that I have ever managed anywhere, you brought in professional qualified summer help, they ran that pool, they ran the concession, they gave the training. They operated the concessions as I said before. They also gave WSI courses, learn; to swim programs. There is nothing saying that a full time person: is more quali- fied than a part time person. By the way, safety is utmost in our minds. Mayor Ferre: All right, without further discussion, call the roll. Mr. Plummer: Wai, a minute. Under discussion, reading from the motion that was passed b., the Commission, from the testimoney of Mr. Howard, as I see it, that motion has been complied with - same level of service shall be provided that was provided heretofore. Now, I will just very briefly re- iterate what I said before. It is going to be tough, damned tough in this City whit. wu are looking at the possible layoff of some 400 employees. If we start dictating now to th,.- Manager how he is going to affect these lay- offs, I just don't seu where we're going to make it by the end of the year. The Charter is very clear, we caInot end in a deficit. There are going to be some very fine programs in this City that are going to go by the board not of our own choosing Lut financial choosing and all I've got to say is we've, got to ),dve a Mai,agtr who i�z going to be setting priorities, this . 11 AN 2 8 M1 by the way was the making of the new Manager, it was a holdover actually and I'm not going to judget Mr. Gary on this particular issue but I'm going to be watching very closely to see where his priorities are going to be to effectuate that reduction which is mandatory upon him set by this Com- mission. So I have every assurance from the Department that the level of service is going to be continued until the end of this budget year, the = safety factor is upper -most in their mind, I will vote against the motion. Mr. Lacasa: Under discussion, I would like to say that as far as the question of priorities are concerned I think that between the City Manager and the City Commission because after all the City Commission so far has the responsibility to legislate as to what the City is going to do, which direction, what services do we want to provide. I think that it was expressed very clearly by this City Commission that these type of programs is of top priority in the City. I feel very reluctant to accept the fact that if the reduction takes place in areas such as direct services to citizens rather than in other areas. For instance, I would submit to you that at this particular point we have 3,410 Civil Service employees of the City of Miami, this is to date. In 1973 we had 3,253. At that time these employees were handled by a personnel department that totaled 16 employees, and this goes back to 1974. Today we have 84 employees in the Human Resources Department yet the Human Resources Department chooses to affect employees which are providing direct services to the citizens rather than take a good look into their own quarters which is a more bureau- cratic oriented type of function. So as far as the question of priorities is concerned, I feel that it is encumbent to the City Commission to set the priorities and work out in cooperation with the administration and as far as I'm concerned be the budget approval and the allocation of those funds, the major responsibility of the City Commission, I think that is encumbent upon us to vote with this issue. Mr. Adams: Mr. Mayor, this was one of my points, I realize that the City is in a budget crisis, I recognized that fact in the last Commission Meeting. I realize there is an extreme crisis. I realize also that there will be up- coming layoffs in the City of Miami. What I am adamantly opposed to is a lay-off on the lower eschalons of the City, those positions which would erode our bar4aining it with the City of Miami. I think that the entire process from the administrative level down should be looked at when they consider layoffs. Mr. Plummer: Sir, I couldn't agree• with you more. Mayor Ferre: All right, call the roll. Thereupon, the preceding motion introduced by Commissioner Lacasa and seconded by Commissioner Carollo failed to pass by the following vote - AYES: Mr. Lacasa. NOES: Mr. Plummer and Mayor Ferre. ABSENT: Mr. Carollo and Rev. Gibson. Ott ROLL CALL: Mayor Ferre: I'm going to vote no and I want to explain it. It is very difficult.... The main reason I'm voting no is because it is not up to me or the members of this Commission decide how specifically to run these departments. That's why we have administration to do that. Mr. Howard recommended and said that he would run these programs and save these funds. If he is able to do that then he will be judged on that and his boss will be judged on that which ib you, Mr. Gary. Now you're making statements to this Commission tha'_ these programs can be run properly in this form and I have to take that at face value. Now, I would like for Mr. Howard to re- port back on a monthly basis, every other meeting as to whether or not the programs are being properly run to the satisfaction of the administration and how we should pursue this matter. I just came back from Washington and everybody in that town is shocked. You're going to be hearing the President of the United States speak tonight at 9 O'Clock and congress is in shock. Now, Miami voted for Ronald Reagan. and Dade County voted for Ronald Reagan ai,,3 the State of Florida voted for Ror:ald Reagan. So I assume that the majority of the pt2op1e of this community want to cut the budgets. Now, ok;viously this is clot something that happened in Massachussettes or Calif- ornla, it right here in our home town, Miami, Florida, it voted for F.orald Res,;ar,. Ani Ronald Reagan; is just cutting with a meat ax that you have never seu:: ever in Wa_hingtor: and that is going to severly cripple all the cities in America including those who are or, a very thin financial line and Miami is not in a bankrupt position, but certainly the City of 12 APR 2 8 1981 • Miami has no extra money to spare. The fact, Mr. Gary, is that 90% of our operating budget is salaries and related items, is that correct? Mr. Gary: Yes, sir. Mayor Ferre: And the fact is, Mr. Gary, that out of 4,000 employees that we have 1,000 or close to 1,000 were people that we had because of CETA or some other federal programs, 800 and some odd. And the fact is that these are the people that were rendering a basic service to this community and the fact is that Ronald Reagan took them away and there is nothing we could do. Now, for those who say, "Well, that's not what my vote for Reagan meant", let me explain that that's what the Congress is interpretting. Your Congress, as I understand, and that's what Mr. Reagan is going to be talking about tonight, is saying - and you saw the Speaker of the House today make a statement that there is no way in God's world that this Con- gress of the United States is going to not do what the President wants and that means the Congress is going to follow that line. And if Congress is going to follow the President's position of cutting and that's affecting cities like the City of Miami pray tell, how in God's world are we going to be able to get away with not doing, what the Federal Government is doing and the Congress is doing, what the State Government is doing and we're going to sooner or later, it's not a question of whether we want to bite the bullet, we've got to bite the bullet. We're being forced to bite the bullet. This didn't happen before this year, this is happening now, right now in April of 1981. It didn't happen in 1980. Now, for those who think that that's what the country needs, fine, that's the majority of you, that's how you voted and that's fine and now we have to follow that mandate, we're forced into it. Now this is a sad day but we're going to have to start, at least now we have the assurance that the program will continue. I've got news for you, there are a lot of programs that Mr. Howard is not going to be able to figure out to continue them and Howard Gary is not going to be able to figure out to continue them. This is the beginning of a very ser- ious bullet biting process that we're starting and I'll tell you it is a sad day in Miami but we have no choice. Mr. Plummer: Mr. Mayor, I hole you would take back to Washington a message if nothing more than J. L. Plummer's message. Reagan, is, in fact, upping tremendously the military budget, tl;ey're very concerned about the war in Poland, Afghanistan; and all of the other countries - they'd better damn well be concerned about the war in our streets because if not we're not going to be around here to be worried about Poland and Afghanistan and the rest of them. Im Mayor Ferre: Lots of luck, lots of luck. The military budget, as you know, went up thirty billion dollars and the City's budget is going down more than that so that tells you exactly.... Mr. Adams: Mr. Mayor, I would hope that the City administration would wel- come the union's input into methods and ways which we may feel that the City could cut.... Mayor Ferre: Please, sir, and I want to tell you something, that the motion that was originally passed was that these programs be continued. If somehow these programs falter and are not properly run then we will have to re-examine this whole process because I do concur with Commissioner Lacasa and Commissioner Carollo, the most important thing that we have besides stopping crime are the youth of Miami and I want you to know that I think they're related because I think crime has a relations}.ih to those kids being able to a successfully structured day and whF!- they're out on the street there is a relationship with crime. Now, remember that my first responsibility as Mayor and that of this Commission is to the people of Miami, all of the people of Miami. My second responsibility is to the taxpayers of Miami who are paying the taxes. Even though out of $120,000,000 ...... those are the main funcers of the services that we render so that is my second responsibility. My third responsibility is to the structure of the City itself and that, of course, includes the emlloyees. I welcome, I anxiously hope that you can hell., us i!: solving this problem. Mr. Adams: And I think so, sir, that my position as a City employee, I have - the same Concerns that you do as to m`.' resi,C:!iSibllitles to the, of this commun:lty. P,ayor Fe•rrc: I'm sorry, Mr. Adams, that this day didn't have a happier endiW-7, I 1101 c that future meetings we'll be able to come to a better con- clusi011. 13 APR 218171,831 Mr. Adams: Thank you anyway, Mr. Mayor. Mayor Ferre: We stand adjourned. There being no further business to come before the City Commission, the Meeting was adjourned. ATTEST: Ralph G. Ongie City Clerk Matty Hirai Assistant City Clerk MAURICE A. FERRE M A Y O R 14 APR 2 8 1981 FAT@ T,JT Mi T UMENT IDENTIFICATION FORMTJON (11: A BIAT RIBBON COMMITTEE 'I , Ii 1: 1., LT, I . I. . lu OF WHICH ARE To REPRESENT A CROSS-SVICTION OF THE COMNL`\ TTY WTHORIZING CITY MNAGER TO E ' VI I -' THE THE SCOPE OF TH CONTRACT PREVTOVSLY FNTERVI) INTO WITH THE 1,11\01 M., P(ST, BUCKLEY, SCHUH, WRNICAN, ],,C.T() I)() AN ENVIROMENTAL IMPACT STVI)Y OF '1111: ('11Y OF �11A\11/ VNIVL-RSITY 01: �11AMI : IA11S L. KNI(411' INTFRNATIW�Af. 'CENTER MEETING DATE: April. 28, 1981 _mmw� COMMISSION I RETRIEVAL ' `1-8 1 -38 7 1 81-387 .111-8 1- 388 1 81-11-is