HomeMy WebLinkAboutCC 1979-11-08 MinutesCOMMISSION
MINUTE.
PREPARED ` BY THE OFFICE OF THE CITY . CLERK
CITY HALL
RALPH a.ONGIE
CITY CLERK
i
1(A)
7
•10
11
12
.I�
of iIC' sEicIFN RIDA
NOVEMBER 8, 1979 (REGULAR)
SUBJECT
DISCUSSION OF "MIAMI CAPITAL IMPROVEMENT PROGRAM
1979-1985"-INSTRUCT CITY MANAGER TO INVESTIGATE
POSSIBILITY OF USING PARKS FOR PEOPLE UNUSED FUNDS
FOR BEAUTIFICATION PROJECTS.
ON THE ISSUE OF SANITARY SEWERS AND STORM SEWERS.
SECOND READING ORDINANCE: CREATING NEW DEPARTMENT
KNOWN AS DEPARTMENT OF TRADE AND COMMERCE; AND FURTHER
PROVIDING FOR APPOINTMENT OF A DIRECTOR, HIS FUNCTIONS,
DUTIES, ETC.
SECOND READING ORDINANCE: AMEND SEC. 2-102 OF CODE:
"TRANSACTING BUSINESS WITH THE CITY; APPEARANCES
BEFORE THE CITY COMMISSION" -INCLUDE FAMILY MEMBERS
OF THE CITY OFFICERS/OFFICIALS/EMPLOYEES TO THE
PROHIBITION IN REPRESENTATION OF THIRD PARTIES
BEFORE THE CITY COMMISSION, ETC.
SECOND READING ORDINANCE: AMEND SEC. 2-103 OF CODE:
"ACCEPTING GIFTS, ETC. FROM PERSONS CONTRACTING,
ETC., WITH CITY -(ADD PROHIBITION AGAINST ANY
CANDIDATE FROM SOLICITING OR ACCEPTING ANYTHING
OF VALUE TO RECIPIENT WHICH WOULD CAUSE RECIPIENT
TO BE INFLUENCED IN THE DISCHARGE OF HIS DUTIES,ETC.)
FIRST AND SECOND READING ORDINANCE: AMENDING SEC. 1
OF 8719 ( SUMMARY GRANT APPROPRIATIONS ORDINANCE)
ESTABLISH NEW TRUST AND AGENCY FUND ENTITLED:
"RECREATION PROGRAMS FOR THE MENTALLY RETARDED (4TH
YEAR)".
EMERGENCY ORDINANCE: AMEND SEC. 1 OF ORDINANCE 8719-
ESTABLISH NEW TRUST AND AGENCY FUND ENTITLED:"STRESS
CONTROL TRAINING COURSES FOR POLICE OFFICERS IN
REGIONS 14: 1979-1980".
DIFERRING CONSIDERATION OF ITEMS:
8, 8(a)AND 8(b), OF THE REGULAR AGENDA,
ACCEPT GRANT AWARD FROM THE FLORIDA DEPARTMENT OF
HEALTH REHABILITATIVE SERVICES FOR:"RECREATION
PROGRAMS FOR THE MENTALLY RETARDED".
INCREASE SCOPE OF WORK FOR THE SITE PREPARATION AT
"CITY OF MIAMI UNIV. OF MIAMI JAMES L.KNIGHT
INTERNATIONAL CENTER" BY CONTRACTOR JOE REINERSTSON
EQUIPMENT CO., INC.
ALLOCATE $48,000 OF COMMUNITY DEVELOPMENT BLOCK GRANT
(5TH YEAR) FUNDS TO PROVIDE FOR: INDUSTRIAL HOME FOR
THE BLIND AND LOS VIEJOS UTILES- IN THE LITTLE
HAVANA TARGET AREA (PERIOD 11-26-79 THROUGH 6-30-80).
AUTHORIZE CITY MANAGER TO ACQUIRE THE PROPERTIES
BELONGING TO MICHAEL J.GETELMAN AND RAYMOND BUTLER:
AUTHORIZE CITY MANAGER TO ACQUIRE THE SEABOARD COAST-
LINE RAILWAY CO. PROPERTIES FOR EXPANSION OF MIAMI
STADIUM, ETC.
ILRDINANCE OR
SOLUTION NOG
M-79-748
ORD. 9017
DISCUSSION
R-79-750
R-79-751
R-79-752
R-79-753
R-79-754
1-4
14
15
15
16
16
17
18
18-19
ITEM NO
QRDINANCE OR
KKEESOL TION NOS
PAGE NO
13 ACCEPT GRANTS FROM THE U.S. DEPARTMENT OF THE
INTERIOR, HERITAGE CONSERVATION AND RECREATION
SERVICES; URBAN PARK AND RECREATION RECOVERY
PROGRAM.
14 ACCEPT BID: SUPERIOR ENGINEERING SALES, INC. One
20,000 gpm Storm Sewer Pump)
PUBLIC WORKS DEPARTMENT
15 CANCELLATION OF PUBLIC HEARING PREVIOUSLY SCHEDULED TO
TAKE PLACE ON THIS SAME DATE AT 7:00 P.M. inre
NEW WASHINGTON HEIGHTS.
16 CONSENT AGENDA:
16.1 ACCEPT BID: VWR SCIENTIFIC $14,121.50
HOPE INDUSTRIES $6,622.00 (PHOTO LAB. EQUIPMENT)
FIRE DEPARTMENT
16.2 ACCEPT BID: WEATHERTROL MAINTENANCE' CORP.
(AIR CONDITIONING MAINTENANCE)
DEPARTMENT OF POLICE
16.3 ACCEPT, BID: DIETCRAFT, INC.
(DAY CARE FOOD PROGRAM)
DAY CARE CENTERS
16.4 ACCEPT BID: FRANK J. MORAN, INC.
(INSTALLING OF COMPUTER POWER SUPPLY (UPS)
DEPARTMENT OF POLICE
16.5 ACCEPT COMPLETED WORK: M.R.HARRISON CONSTRUCTION
CORPORATION (BICENTENNIAL PARK -PHASE II-1975)
16.6 ACCEPT COMPLETED WORK: JUELLE BROTHERS, INC.
(LITTLE HAVANA COMMUNITY CENTER -BUILDING "C"
DEMOLITION
16.7 AUTHORIZE MANAGER TO EXECUTE CONTRACT WITH "THE
COUNSELLING AND STRESS CONTROL CENTER"
16.8 PUBLISH NOTICE OF PUBLIC HEARING FOR OBJECTIONS
TO ACCEPTANCE OF COMPLETED WORK: CONSTRUCTION. OF CITY
WIDE SANITARY SEWER EXTENSIONS IMPROVEMENT SR-
5448-C (.CENTERLINL.SEWER).
17 PERSONAL APPEARANCE: VICTOR LOGAN REGARDING "1980
MIAMI SUMMER BOAT SHOW"
18 CREATING A SPECIAL COMMITTEE: ELECTIONS RIVIEW
COMMITTEE (TO RECOMMEND ON QUESTIONS OF CONFLICT
OF INTEREST IN EXISTING ELECTION LAWS)
19 DEFERRAL OF CONSIDERATION OF EMERGENCY ORDINANCE
REPEALING ORD. 8994, PROVIDING FEES COLLECTED
FOR ALL OFF -DUTY POLICE SERVICES ARE TO BE USED
TO OFF -SET ADMINISTRATIVE COSTS FOR SERVICES
PROVIDED.
20
CONTINUED DISCUSSION OF "1980 MIAMI SUMMER BOAT
PERSONAL APPEARANCE: VICTOR LOGAN
SHOW"
R-79-755
R-79-756:
DISCUSSION
R-79-757
R-79-758
R-79-759
R-79-760
R-79-761
R-79-762
R-79-763
R-79-764
DISCUSSION
R-79-765
DISCUSSION
DISCUSSION,
20
21
21-22
22
22
22
23
23
23
23
23
24-26
26-27
27-28
28-33
I1B1 ND,
SUBJECT
tDINANCE OR
SOLUTION
21
22
23
24
25
26
27
28
29
30
31
32
PERSONAL APPEARANCE: W.R. LAZARUS-EXTENSION OF BISCAYNE
NATIONAL MONUMENT.
PROCLAMATION PRESENTED TO JERRALD J. ROCHFELSON,
PRESIDENT OF THE "OPTIMIST CLUB OF MIAMI, INC."
("YOUTH APPRECIATION WEEK")
REQUEST PROCLAMATION BE PREPARED TO BE PRESENTED
TO PAT SKUBISH FOR HER EFFORTS "INTERNATIONAL
YEAR OF THE CHILD"
APPROVE MIAMI CAPITAL IMPROVEMENT PROGRAM 1979-1985
DIRECT PLANNING DEPT. TO REVISE AND UPDATE SAME
ANNUALLY.
FIRST AND SECOND READING ORDINANCE: MAKE
APPROPRIATIONS FOR THE CAPITAL IMPROVEMENTS FOR THE
FISCAL YEAR ENDING 9-30-1980,ETC.
DECLARE AND CERTIFY RESULTS OF SPECIAL MUNICIPAL
ELECTOIN HELD ON NOVEMBER 6, 1979 FOR THE PURPOSE
OF VOTING FOR THE APPROVAL OR DISAPPROVAL OF
CHARTER AMENDMENT NO. 3
CERTIFY RESULTS OF NONPARTISAN ELECTION OF MAYOR
AND THREE COMMISSIONERS
CONFIRM ORDERING RESOLUTION NO. 79-586-AUTHORIZE
CLERK TO ADVERTISE FOR SEALED BIDS FOR CONSTRUCTION
OF:
CORAL SANITARY SEWER IMPROVEMENT SR-5463-"C" (CENTER-
LINE SEWER).
CONFIRM ORDERING RESOLUTOIN NO. 79-585-AUTHORIZE
CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR THE
CONSTRUCTION OF CORAL SANITARY SEWER IMPROVEMENT
SR-5463-S (SIDELINE SEWER) IN CORAL SANITARY
SEWER IMPROVEMENT DISTRICT SR-5463-S
(SIDELINE SEWER).
CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF N.E.
4 COURT HIGHWAY IMPROVEMENT H-4360 AND REMOVE
ALL PENDING LIENS, ETC.
COMMISSIONER GORDON'S COMMENTS IN CONNECTION WITH
CHARGES FILED WITH THE SECURITIES AND EXCHANGE
COMMISSION RE: CITY'S BOND OFFICIAL STATEMENT, ETC.
CHANGE OF DATE OF CITY COMMISSION MEETING PREVIOUSLY
SCHEDULED FOR NOVEMBER 20, 1979 TO TAKE PLACE ON
NOVEMBER 26, 1979.
40
PAGE NO,
{
34-35
36
36
36
37
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
* * * * * *
0n the 8th day of November 1979, the City Commission of Miami, Florida, met
at its regular meeting place in the City Hall, 3500 Pan American Drive,
Miami,. Florida in regular session.
The meeting was called to order at 8:25 A.M. by Mayor Maurice A. Ferre with
the following members of the Commission found to be present:
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Vice Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
ALSO PRESENT WERE:
Joseph R. Grassie, City Manager
R. L.'Fosmoen,`Assistant City Manager
George F. Knox, City Attorney
Ralph G. Ongie, City Clerk
Matty Hirai, Assistant City Clerk
An invocation was delivered, by Reverend Gibson who then led those
present in a pledge of allegience to the flag.
Mayor Ferre: Good morning ladies and gentlemen, this is a Regular City of Miami
Commission Meeting.
The first item is the approval of the Minutes of July 24, 1979...
Mr. Ongie: Mr. Mayor,'I will ask we defer that, those Minutes were not completed,
so we'll defer that until the next meeting.`
Mayor Ferre: All right.
. DISCUSSION OF "MIAMI CAPITAL IMPROVEMENT PROGRAM 1979-1985"
INSTRUCT CITY MANAGER TO INVESTIGATE POSSIBILITY OF USING PARKS
FOR PEOPLE UNUSED FUNDS FOR BEAUTIFICATION PROJECTS.
Mayor Ferre: The next thing before is approving the Miami Capital Improvement
Program. All right, Mr. Grimm, you are recognized.
Mr. Vince Grimm: Mr. Mayor, what you have before you is a Resolution which
adopts in principle the City's Capital Improvement Program for the next six
years, and as item 2, an Ordinance which would appropriate funds to carry out
1979-80 programs. Mr. Reid is here and he will go over the program with you in
detail.
Mr. James Reid: Good morning Mr. Mayor, members of the City Commission. First,
I would like to, quickly, review the Capital Improvements Program and then talk
about the Capital budget because I think that's the immediate action item that
relates to the authorization of projects to be carried out in the next budgetary
year. I think the Commission members have got a copy of the Capital Improvements`
Program prior to the meeting. This is the third year that we've been before with
the Capital Improvements Program. The Program before you was the subject of a public
hearing at the Planning Advisory Board last night and approved by the Planning Ad-
visory Board, in principle, seven to nothing. Basically, the Capital Program is
a statement of the long range physical development policies of the City and in
your Capital Program that was made available to you is a map that really shows.
over the next 6 years what the City's intentions are with respect to physical
NOV 8 19/9
improvements. A copy of that map in on my left listing all of the projects
by function and showing their geographic location in the City. Capital Improve-
ments, by definition, are expenditures in excess of $20,000 and having a life of
20 years.
The particular Capital Improvements Program in front of you has projects
totalling in excess of $358,000,000, 188 separate projects. I just want to com-
ment on two or three of the tables that I think sum up' the program for you.
0n page 12 of the Capital Improvements Program is a guide to reading te docu-
ments and understanding what is proposed in them.
On page 14 of the Capital Improvements Program, it shows by function over the
six year period where the money is going, where the proposal are going. For example,
41% to Economic Development, 1.5% to Marinas, etc. So this organizes the expen=
ditures by function and indicates the program breakdown over thenext 6 years.
0n page 27, the source of funds for the Program is indicated. 71% coming from
City bonds, 18% from Federal Grants, and so forth, so that information both refers
to how the program is being allocated and where the money comes from is on page
27.
0n
of...
Improvements Program in terms
Mr. Reid: Page 34. In this section, Mr. Mayor, members of. the Commission, we
have taken each of the functional areas, for example, public buildings, and
described the existing facilities in the City. If you look on page 36 and 37 is
a map and a key of all of Miami's public building's.
0n page 38, there is a map showing the recent accomplishments,;what has
happened since 1975. 0n page 40, a map which hows what is being proposed in the.
new program. So basically, in this document, in the sections from page 34 to 199,
te existing facilities of the City are described, the improvements since 1975, the
proposed improvements and the detail, project by project. So you can really look
here and get a complete picture of the, in effect, the capital stock of the City.
The same information starting on page 199 is arrayed for Miami neighborhoods, so we
really arrayed, the information in two ways, one by program function and second,' by ;
neighborhood, and you -can look for example under each of the neighborhoods and find
information about it, a description of the existing facilities and a description of
what is proposed. So, basically that highlights the Capital Improvements Program
in which we describe the program as it's being allocated, where the money. is coming
from and the projects'" description both by function and by neighborhood, and I
think in terms of information about the City that there is a lot of useful informa-
tion arrayed in a fashion that is easy to get at in this document. Now, we are.
asking for approval in principle of the Capital Improvements Program.
The next key item is the Capital budget, the authorization to extend funds
for the current fiscal year and capital projects and the capital budget discussion
begins on page 260 of your document. On page 263 there is another high chart like
the one in the capital program showing where the money is going with respect to
function and you see large amounts are going to economic development based on Watson
Island and the Convention Center projects and on page 265 where the money is coming
from, 17% Federal funds, 58% Revenue bonds, basically based on these two major pro-
jects I discussed, and finally, I think the key portion with respect to flexible
funds appears on page 275 through 278, and that is the use of the Florida Power
and Light Franchise funds. I'd like to make two comments on this and be very clear
in terms of what we.are asking you to do in the Capital projects. This particular
list of recommendations was prepared because of the nature of this whole document
and the fact that it takes time to pull the pieces together in mid September,•so
thatit does not reflect the judgments of the City Commission as they were carried
out in approving the operating budget so that this section really should be modi-
fied in the following way, and I'm going to go over this I hope very clearly and
I'm referring to page 277 and page 278. When you consider the operating budget and
how to deal with the operating budget deficit, it was suggested that rather than
the list of projects that would be funded in FP&L funds on these two pages.go
forth as indicated here, that you really wanted to fund three high priority pro-
jects.. The party for the acquisition of the Miley property, where we have an
obligation with respect to payments for acquisition, the Downtown People Mover
Project, and the Downtown beautification so that the appropriations ordinance that
we are asking you to consider only recommends the funding of three projects from
the Capital Improvement FP&L money. Again, that's the acquisition of the Miley
property, the Downtown People Mover and the Biscayne Boulevard beautification. Then that':
based really on the budgetary decisions made in the context of turning out the
operating budget. I'll be glad to take any questions on any projects.
Mayor Ferre: All right, are there any questions from the members of the Commission?
Mrs. Gordon: Well, that's all right but what happens to these other projects.
What do we do, put them on a shelf`to gather dust or what?
mh
02
NOV 8 19?
Mr. Reid: The other projects we will have to look for other sources of
funding, either look at the options with respect to Federal grants, or determine
if there is any other way they can be paid for and the answer is that with res-
pect to them right now they are in an unfunded status and we'll have to seek
other ways to fund them.
Mrs. Gordon: Is there a breakdown on the amounts of money needed for each of
these other items?
Mr. Reid: Yes, the breakdown occurs on page 275 and there about a dozen pro-
jects that we are suggesting for funding beginning with $55,000 for upgrading our
systems coverage; $300,000 for consolidating the motor pool, and so forth. so we,
are suggesting on that list about a dozen projects that based on your policy de-
cisions on the operating budget that only three are funded: the Miley property,
the Downtown People Mover and the Biscayne Boulevard beautification.
Mrs. Gordon: Would someone tell me -Mr. Grassie, Mr. Grimm- where would I refer
to to find, out how much money there is left in the Parks for People Bond issue
that is not committed to the FEC acquisition, or is there any?
Mr. Grimm: Yes, there are funds that are no committed in the Parks for People
Bond issue but I don't know how much they are at this date, Mrs. Gordon.
Mayor Ferrer It's slightly over a million dollars, isn't it? Or one point four.
Mr. Grimm: I really don't know what the answer to that question is
Mayor Ferrer It's about $1,400,000, as I recall.
Mrs, Gordon: Can you tell me, Mr. Grimm, whether or not that money could be used
for some of the beautification projects that appear on this list of items that
are not to be funded by FP&L
Mr. Grimm: Well, Parks for People Bond funds were restricted more or less for those
projects which were approved in each of the planning districts and I'm sure that
you would want to adjust those surpluses funds along that same line
Mrs. Gordon: Some of these items that I see here on the list of which fit under
the classification of beautification and I would suggest that that would be looked
into to see if these projects that are not being funded by FP&L, could be funded
by that fund balance from Parks for People if they fit in under the beautification
of the community category. I would make that request in the form of .a motion.'
Mayor Ferrer All right, there is a motion on the floor, Mr. Knox, I think you
are going to have to look into the legal aspects of whether or not we can use any
of the bonds....I would imagine we could, I see no problem with that, I think
it's the legal aspects of it. All right, the motion again, Mrs. Gordon, is that
the Administration look into the possibility...
Mrs. Gordon: For the use of the Parks for People bond funds for he beautification
projects which are not being funded by FP&L, to course, the legalities and said..'
in every instance, it doesn't matter what we are talking about, but if it's ac-
ceptable legally, that it be done that way.
Mayor Ferrer All right, is there a second to that? Is there a second? Well,
there is no problem with that...
Mr. Plummer: No, I'm just saying I did not hear the motion, Maurice.
Mayor Ferrer The motion is that we instruct the Manager to look into the possibi-
lities of utilizing unused Parks for People bond funds for the beautification
projects. I personally I'm against it for a very simple reason, that I think
we've got to use our resources for substantive things but I'm not strongly against
it, and I think we can look into it, I have no problems with that.
Mr. Plummer: Well, my problem is this, if we delineate what we are talking about
as unused money. Now, I don't know that, you know, the main concern, and I hate
to put this on the record but I've got to put it on the record. You know, I've
said all the way along that if the FEC property, which is part of the Parks for
People bonds, that we are going to win the battle and lose the war. I've said
AR that all the way along. I don't think we've got enough money in the bond fund in.
any way, shape or form to acquire that property which we have got to buy. We have
laid our proverbial financial necks on the line, we are at the mercy of the jury
mh
.C3
NOV 8197,9
to determine how much,..
Mrs. Gordon: J.L.,...
Mr. Plummer: Rose, unless it's restricted...,.
Mrs. Gordon: You didn't hear my whole conversation, you weren't listening.
Mr. Plummer: No, I wasn't here and I acknowledge that that's why I asked what
the motion was.
Mrs. Gordon: Okay, what I said was, as a precedent to what I said in my motion,
that those dollars that are not needed for the FEC property, be then allocated
for the beautification projects that are being unfunded by FP&L. That is not
what you were addressing yourself to.
Mr. Plummer: Well, you know, everybody is for beautification and landscaping
and so am I.
Mrs. Gordon: Okay, let me clarify. In my travels in recent months I have been
in a great variety of neighborhoods many of which feel that they have been put in
a secondary position in many instances to prioritize neighborhoods. Consequently,
what I'm saying now is let's stop prioritizing neighborhoods and let's go City-
wide in our efforts and that's simply all I'm telling you.
Mr. Plummer: Hey, I've got no problem with that at all.
Mrs. Gordon: Okay, then I move the motion the way it was reiterated
Mr. Plummer: I'll second the motion, Mr. Mayor, I don't see anything wrong with
that.
Mayor Ferre: Call the roll on that motion.
The following motion was introduced by Commissioner Gordon, who moved its
adoption.
MOTION NO. 79-748
A MOTION OF THE CITY COMMISSION INSTRUCTING THE MANAGER TO
INVESTIGATE THE POSSIBLE USE OF UNUSED FUNDS IN THE "PARKS
FOR PEOPLE BOND FUND" FOR BEAUTIFICATION PROJECTS.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Armando Lacasa
Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson
Vice Mayor J. L. Plummer, Jr.
Mayor. Maurice A. Ferre
NOES: None.
1(A). ON THE ISSUE OF SANITARY SEWERS AND STORM SEWERS.
Mayor Ferre: I would like to ask a question, if I may, on sanitary sewers and.
storm sewers. What percentage of the total sanitary sewers and storm severs are
in in the City of Miami as of right now.
Mr. Grimm: Mr. Mayor, do you mean by that question what percentage of the City
is sewered?
Mayor Ferre: Yes, let me rephrase it. We have a target date of somewhere in
the 1980's of being a fully sewered City, my question is what percentage of the
total City of Miami is covered with full sanitary sewer and storm sewers?
Mr. Grimm: I'll give you two answers to that question. About 70% of the City
has sanitary sewers. One hundred percent of the City has storm sewers, however,
there is a great deal of difference of opinion as to whether the storm sewers are
adequate or not. We are continuously upgrading our storm sewers systems, parti-
cularly in conjunction with any rebuilding of street projects that we put in.
04 NOV 8 1M
mh
Mayor Ferre: Well, now, Mr. Grimm, let me challenge that, if I may,
percent of the City is not storm sewered.
Mr. Grimm Well, that's why I said...see, the answer gets to be one of opinion.
When you think of storm sewers, Mr. Mayor, you might think of them as positive
conduits which collect water and dump them out into some other body of water.: In
the Public Works Department we don't think of storm sewers as that, we think of
storm sewers as any device which helps relieve the water that falls on the streets
by virtue of rain, whether that is a well on the ground, a trench on the ground,.
or a positive system.
Mayor Ferre: Well, let me put it to you this way, there are areas in the City of
Miami that when it rains, water builds up, okay? Now, if there is not a system
installed to alleviate the Building of the water, then in my opinion we do not
have a storm sewer system in place. Now, I recognize that this is flat land we are
not in a hilly area of the country and obviously you do not have gravity drainage
the way other places have and obviously, we cannot put pumps to pump out the water,
1 understand all of that and we've been through all this too many times for me not
to remember this but the point is that there are areas in Miami that do not have
a positive storm sewer system in place.
Mr. Grimm: By that definition, Mr. Mayor, it's the reverse, we probably have
less than 10% of the City which has a positive storm sewer system, and some of
this is relative and may be not reconcilable. As an example, if a person has a
puddle in front of his house eight hours after it stopped raining, we in Public
Works don't consider that a problem, if he has one there a day after it stopped
raining we do. So it becomes that terribly relative and subjective approach to the
problem.
Mr. Reid: Mr. Mayor, one other thing in terms of response to your question.
page 65 there is a map of the areas of'the City with sanitary sewers so that...
Mayor Ferre: No, I'm talking about storm sewers
Mr. Reid: Well, okay, you mentioned both the first time around. On the sanitary
sewers are discussed there 0n page 77 there is a map of the City that has "City
of Miami that is covered by the finest positive drainage systems currently. On
page 78 it shows the recent accomplishments in terms of drainage projects and on.
page 80 the proposed storm sewer improvement areas are delineated. So, there are
now three maps that show where we are in respect to positive drainage and what's
proposed under the program.
Mayor Ferre: Well, see that's where I was headed. Yo see, on page 78 you've got
A and 2 which is the areawide storm sewer projects completed in 1978-79. And as
I see that, those are the roads for the most part, the so-called roads areas of
Miami, I see that you are now projecting in 1980-81 and 1984-85 ..and I don't see
that there is any distinction on the map. You've got to look at page 81 to see
the distinctions.
Mr. Grimm: Mr. Mayor, the large map in front of you with the dash blue line
indicates those areas within that 6-year period of time...that would get some more.
positive drainage
A hundred
Mrs. Gordon: Mr. Grimm, do you have a copy of this ordinance that was just handed
to us?
Mr. Grimm: Yes, ma'am, item 2?
Mrs. Gordon: Yes, can you tell me on page 8...
Mayor Ferre: But Rose, let me finish the storm sewer questions because I'.ve got
some other questions.
Mrs. Gordon Well, I'm just trying to start the question.
Mayor Ferre: Well, I was on the middle of trying to get storm sewers, if you want
to interrupt and do it, go ahead Mrs. Gordon, go ahead.
Mr. Grimm: Yes, Ma'am.
Mrs. Gordon: That's okay, I'll ask you later.
Mayor. Ferre: A question on sanitary sewers, on page 65, is that we seem to have
most of the bay area to the City limits and what we are missing now is the south
•
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05
NOV 1; 1975
part of the Grove, the Flagami area and what I guess is called Little Georgia.
Mr, Grimm: We are working on...the areas that were most critical for sanitary
sewers -the low-lying areas and the higher
sewers.We are now working in the area...1
but basically speaking we are working west
system in the City.
Mayor Ferre: Well, my question is this. I see that for the period of 1980-81
you've got about $21,000,000 worth of projects. Now, we just sold hopefully
$6,750,000 of which part was for...storm sewer or sanitary sewers?
density populated areas- have sanitary
,n some cases we are west of 32nd Avenue
of 32nd Avenue to complete the sewer
Mr. Grimm: You have both.
Mayor Ferre: Okay. Now, the sanitary sewer projects which amount to $21,000,000
the big ones, as I` see it, are the Flagler area and the Fairlawn Sanitary Sewer
and Kinlock Sanitary Sewer, those three, no? Yet in the map which you page on
page 68, underlined, is not the Flagler area unless you are talking about area
10, is that what that is?
Mr. Reid: The projects on page 69 that you are referring to are projects that are.
scheduled from 1980-81 through 84-85, totalling $21,000,000, and they are basically
in the Flagami area.
Mayor Ferre: In other words, then,
the map is wrong, is that what you are saying?,
Mr. Reid: No, the map isn't wrong, it includes...the map
Improvements Program, which is the entire 6 years, and if
it on page 68, it indicates projects 1 through 10 ...
is a map of the Capital
you look at the map above
Mayor Ferre: I see, now;I understand, in other words, we have done 1 through 10,
that's already accomplished, is that right? So the only thing we've got left
is a, b, c and d, is that it? And that at that point, with very few little pockets
the City of Miami will be fully-sewered.
Mr. Reid: I think that would be basically...` -with. the exception of an area in the
Grove- it would basically cover the City with respect to sanitary sewers. If you
look at the map on page 65 andthen on 68, you can see the difference between what
exists and what is being proposed in this program.
Mayor Ferre: Yu see, I'll tell
time that any city in the State
that that is a very significant
U.S. cities are concerned....
you what, when that happens it will be the first
of Florida will be fully-sewered, City, and I' think
point for I think we will have arrived, as far as
Mr. Grimm: Well, this Commission has always, supported sanitary sewers, Mr. Mayor
Mayor Ferre: It creates a base, Vince, is what I'm trying to say, for major
urban community and it creates the base in a gasoline crunched decade that we are
heading for for the type of vertical growth that, in my opinion, is going to happen
in this. community in the Miami area, I think this is where the future growth of
this community is going to go and, therefore, the importance of sanitary sewers is
that once you have sanitary sewers in the cost factor of servicing is greatly im-
proved because you already have the infra -structure,' one of the infra -structures
that are necessary for urban growth. Okay, would you in the future, Mr. Reid, I've
asked for this and I have a memorandum in my file somewhere but, for the rest of
the Commission, and for me would you update ...I think it was two or three years
ago, that I think that I asked for an estimate of the cost. At that time we had
turned over to Metropolitan Dade County -which was several years after the City of
MiamiSewerfacility- which at that time we estimated it was worth about $500,000,000
and then I also jointly asked for an estimate of the sanitary sewer system in Miami
and what the replacement value of that was, and it was a very significant number.
I'wuld`like to have that updated, because I think it is a significant asset of the
City and since we are preparing a book or a pamphlet, or what -have -you of what' the
City offers, I think that is an important part for the people who might want to look
at the City for development purposes.
Mr. Reid: I think that the fact that the City is investing in the Capital Program
of $350,000,000 to improve its physical plant I think is very significant to inves-
tors.
Mayor Ferre: All right, Mrs. Gordon, do you have some questions?
Mrs. Gordon: Well, first of all, I was just handed a copy of the ordinance and
mh
and there was one in the folders that were delivered to us several days ago.
Would you tell me what is the difference between the one you just handed me and
the one that we were delivered several days ago
Mr. Grimm: Mrs. Gordon, if you don't mind I'll refer you to Mr. Reid because I
think he knows better than I do. I didn't receive that until you did.
Mr. Reid: There are really two differences. One technical and one programmatic_
Mayor Ferre: Why don't: you point out the differences.
Mr. Reid: On page 8, the technical issue is that --and this was suggested by the
Legal Department-- it merely indicates that in some of the projects, they occur
two times the ordinance and this is because for the control, the physical control
purposes, and auditing and accounting purposes, we've been requested by the
Finance Department to show suggested expenditures not only when we discuss the Fund
balances, for example the Fire Department, we talk about the fact that the Fire
Department is making contributions to. the City Administration building, on page 3,
but we also discuss that obligation when we discuss the City Administration build-
ing, so that somebody reading the ordinanceand if they only went to the City Ad-
ministration would know that in the context of the City's obligation that we were
aso putting funds in from the Fire Bond Fund. It is simply a technique to allow
people who are monitoring the City with respect to the appropriation of these funds
to allow them to do that conveniently without having to research back and forth in
the ordinance with respect to what he is checking so, we consider that a technical_
amendment.
Mayor Ferret In other words, on page 8 you added the asterisk section, that's the
only change I see.
Mr. Reid: That's right, just to clarify; the fact that we are showing these items
in more than one place. On page 9, there are three projects added, and this is the
subject that I discussed in my introduction and in discussing the Capital Budget.
When the Commission was working on the operating budget the status of prior and
proposed FP&L funded projects was discussed and it was the decided at that time that
certain projects would be de -obligated, de -appropriated --projects that you had ap-
proved previously and that of the proposed projects tha funding owuld be recommended
for just three out of the FP&L funds: that is, the Downtown People Mover, the Miley
property project and the Biscayne Boulevard beautification. We were informed by the
Legal Department that in terms of de -appropriating moneys your operating ordinance
was sufficient to de -appropriate all these past expenditures, itwas not sufficient
to authorize moneys for the three projects that you deemed important enough to con-
tinue with FP&L funds. So what this addition simply does is reflect the decision
made in the context of the operating budget that the Downtown People Mover should
receive $500,000, that the Miley property mortgage should receive $145,000 and that
the Biscayne Boulevard beautification should receive $100,000.
Mrs. Gordon: Then in the original one there is none of these FP&L projects shown.
Mr. Reid: That is corrett, so what we are trying to do is take up in effect some-
thing that was --a decision that was missed in the context of going from the operating .'
to the capital budget.
Mrs. Gordon: Would you also explain item on page 6, under Blue Lagoon, although it
is in the older one and the newer•ione is...that was for the purchase of land for
park, is that correct?
Mr. REid: The Blue Lagoon project is a project that has been before the Commission
with respect to authorization for Federal' Grants and the Federal Grant is for ac-
quiring adjacent to the Blue Lagoon a strand ofRoyalpalms, the Old Gates Sportsmen=
Club property and so forth.
Mrs. Gordon: Have you seen that property recently?
Mr. Reid: _I know that the present owner has filled in the ground next to the palms
and in terms of a decision on this project it is supposed to come before the State
Cabinet in terms of their approval of the Grant on November 20.
Mrs. Gordon: But do you realize or have you seen it so that you could realize'
that the trees are effectively being killed by the impacting of fill around those
trees?
Mr. Reid: We are aware of the fact that the. owner did fill the property and he,
i think has been cited for:violation of filling without a permit, number onw.
Number two, we had a Dade County expert on ornamental trees go out and survey the
r..
mh
.07 mil ,RV
fact to determine if in fact the fill at tis present state would kill the trees
and therefore render them useful to our purpose in buying them. His assessment.
was that if there was additional fill that it could endanger the trees, that their
chances of survival in the existing situation were..., you know, that it was pos-
sible that they could survive, but if there was additional fill they probably
would be killed and we have instructed...you know, the owner has violated in the
first instance, by not getting a fill permit for what he did, and he has been,
instructed in the interim in terms of no further fill so that these trees are not
endangered.
Mrs. Gordon: Jim, okay, let's go right back to the reality of the situation. The
realities are that the damage has been done and what are we, as a City, are going.
to do about it if the man who has violated are own law and has gone in the face
of our tree preservation ordinances and fighting him...what does a citing mean to
him? He doesn't want to give up the property, he wants to kill the trees so that
can pave it over into another parking lot? What are we going to do? What is the
City going to do with a lot of these people who take and abuse our laws and say,
well, the City is never is going to do anything to me anyhow. Citing them? What
does that mean? What is he going to get by way of punishment for doing what he
has done?
Mayor Ferre: You are right, make a motion.
Mrs. Gordon: I'm asking questions.
Mr. Reid: That would be an area that is outside of my field, Mrs. Gordon, I'm sorry
I can't respond.
Mayor Ferre:
in.
Mr. Reid: Well, it Is the responsibility of the Building and Zoning Administration.
Mayor Ferre: I see, well, I think that is a more appropriate answer.
Mrs. Gordon: And what are the penalties? At least can you tell me what are the
penalties to violators of our laws in regards to the tree preservation ordinances?
Is it on the basis of each tree that has been removed or got killed, or what?
Mr. Reid: I think in terms of the penalties I would suggest that that discussion
be held with the Director of the Zoning and Building Administration. The violation
here was a violation of filling without a permit, okay?
Mrs. Gordon: No, also, more than that, that was one violation, the other violation
was when trees were removed, trees have been damaged so that they will either have
to be removed or they are going to die anyway. Mr. Grimm I think you better take
over this conversation.
Mr. Grimm: Mrs. Gordon, the first I've heard of this problem was this morning.
If you'll give us some time we'll look into it to find out and report back to the
Commission.
Mrs. Gordon: Fine, I'd appreciate also receiving a memorandum from you regarding
that issue. Thank you very much. I would so move by way of a motionthat this be
directed to the Manager for a full investigation and appropriate assessment for
damages to the owner.
The following motion was introduced by Commissioner Gordon, who moved its
adoption.
No, that's not answer, please, would you refer to whose field it's
MOTION NO. 79-749
A MOTION OF THE CITY COMMISSION DIRECTING THE CITY MANAGER TO MAKE A
COMPLETE INVESTIGATION OF THE ILLEGAL FILL PLACED ON THE SITE OF A
PROPOSED PARK ON N.W. 7 ST., SUCH INVESTIGATION TO INCLUDE THE POSSIBLE
DESTRUCTION OF TREES ON SAID SITE CAUSED BY SUCH FILLING TO DETERMINE
IF THERE HAS BEEN A VIOLATION OF THE CITY OF MIAMI TREE ORDINANCE AND
REQUESTING THAT SUCH REPORT BE SUBMITTED TO THE CITY COMMISSION.
Upon being seconded by Commissioner Gibson, the motion was passed and
adopted by the following vote:.
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.08
NOV 8 1919
(Vote on M-79-749 continued)
AYES: Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson
Commissioner Armando Lacasa
Vice Mayor J. L. Plummer.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
Mayor Ferre:
Mrs. Gordon:
went. Would
one is on
Are there any other question on the....?
Yes, on.the pages.... several pages referred to Watson Island develop -
you explain those items that are on...one is on page 6, oh excuse me,
Mr. Reid: The..on page 8, what is requested of the ordinance is simply the expen-
diture of funds as a continuing item for the environmental impact statement that
I believe came before and was authorized by this Commission, so what we haveshown
in the ordinance is all continued projects and since that is a project that:is.being
continued in the sense that payments being made still for services it is shown in
the ordinance to....
Mrs. Gordon: Is that additional monies to be spent?
Mr. Reid: No, that is the same $200,000, not additional monies.
Mrs. Gordon: There is another item, I'm trying to locate it relating to the same,
Watson Island for a higher sum than that, I want you to explain that until I can
find it, or you might know where it'is and show it to me.
Mr. Reid: I believe that is the only reference to Watson Island in the ordinance,
unless there is a reference to the same subject.
Mrs. Gordon: No, there is another, I'll find it if you wait...here, on page 5 of
the previously delivered ordinance, under continued projects there is a $496,000
item, would you explain that?
Mr. .Reid: That is a continued project in terms of monies that have been utilized
from the Parks for People Bond funds for Watson Island feasibility studies. I
believe that almost all of those monies have been speeded and they go back several
years but we show them as a continued project, in a sense, because there is I
believe some small amount of money left outstanding, but basically these are monies
that were allocated early on for Watson Island feasibility studies occurring iA
1976 and so forth, before...from the Parks for People Bond issue. It doesn't re-
present a new allocation of monies to Watson Island.
Mrs. Gordon: I'm going to ask that this item be taken
an opportunity to compare both these ordinances.
Mayor. Ferre How much later, Mrs. Gordon?
Mrs. Gordon: One hour.
Mayor Ferre: Okay. Is. there anything else? Any other questions with regards to
items 1 or 2. We will take up these items up again in one hour.
ITEM AT THIS POINT WAS TEMPORARILY DEFERRED.
up later so that I may have
2. SECOND READING ORDINANCE: Creating new Department known as
DEPARTMENT OF TRADE AND COMMERCE; AND FURTHER PROVIDING FOR
APPOINTMENT OF A DIRECTOR, HIS FUNCTIONS, DUTIES, ETC.
Mayor Ferre: We are now on item No. 3. This is on second reading, all right,
fir. Lacasa, do you want to move it again or not?
Mr. Lacasa: Move.
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NOV 815/9
Mayor Ferre: Plummer, do you want to second item'3 again?
Mr. Plummer: Yes, sir.
Mayor Ferre: All right moved and seconded, further discussion, read the ordinance
please.
(WHEREUPON, THE CITY ATTORNEY PROCEEDED TO READ THE ORDINANCE, BY TITLE,
INTO THE PUBLIC RECORD, AS FOLLOWS):
AN ORDINANCE ENTITLED -
AN ORDINANCE CREATING A NEW DEPARTMERNT TO BE KNOWN AS THE
DEPARTMENT OF TRADE & COMMERCE DEVELOPMENT, PROVIDING FOR
THE APPOINTMENT OF A DIRECTOR BY THE CITY MANAGER; PRESCRIBING
THE FUNCTIONS AND DUTIES OF THE DEPARTMENT; CONTAINING A RE-
PEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its firstreading by title at the meeting of October 31, 1979
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Lacasa, 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 Armando Lacasa
Commissioner (Rev.) T. R. Gibson
Vice Mayor J. L. Plummer,' Jr.
Mayor Maurice A. Ferre
NOES: Commissioner Rose Gordon*
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9014.
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.
ON ROLL CALL:
*Mrs. Gordon: I'm opposed to this, I vote no.
SECOND READING ORDINANCE: Amend Sec.2-102 of Code: "Transacting
Business with the City; Appearances before the City Commission" -
INCLUDE FAMILY MEMBERS OF CITY OFFICERS/OFFICIALS/EMPLOYEES to the
prohibiton in representation of third parties before the City
Commission etc.
Mayor Ferre: Item No. 4. Mr. Plummer moves, Mr. Lacasa seconds, further discussion,
read the ordinance, please.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 2-102 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, ENTITLED: "TRANSACTING BUSINESS WITH THE CITY; APPEARANCES:
BEFORE THE CITY COMMISSION." BY ADDING TWO SUBSECTIONS THERETO TO
INCLUDE THE FAMILY MEMBERS OF CITY OFFICERS, OFFICIALS AND EMPLOYEES,
TO WHOM A PROHIBITION AGAINST CONTRACTUAL OR BUSINESS DEALINGS IS
APPLICABLE, AS WELL AS A PROHIBITION AGAINST APPEARANCES IN REPRE-
SENTATION OF THIRD PARTIES -BEFORE THE CITY COMMISSION, FURTHER EX-
TENDING THE SAID PROHIBITION UPON SUCH ACTIVITY FOR A PERIOD OF TWO
(Text continued on next page)
,10
NOV 8 iyiy
YEARS AFTER THE OFFICER, OFFICIAL OR EMPLOYEE HAS LEFT CITYSERVICE
'OR TERMINATED CITY EMPLOYMENT; CONTAINING A'SEVERABILITY PROVISION.
Passed on its first reading by title at the meeting of October 31, 1979,.
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Plummer, seconded by Commissioner Lacasa, the ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Rose Gordon
Commissioner. (Rev.) Theodore R. Gibson
Commissioner Armando Lacasa
Vice Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES:. None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9015
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.
. SECOND READING ORDINANCE: Amend Sec. 2-103 of Code: "ACCEPTING
GIFTS, ETC.FROM PERSONS CONTRACTING,ETC.,WITH CITY - (Add
PROHIBITION AGAINST ANY CANDIDATE FROM SOLICITING OR ACCEPTING
ANYTHING OF VALUE TO RECIPIENT WHICH WOULD CAUSE Ri:CIPIEi1T TO
BE INFLUENCED IN THE DISCHARGE OF HIS DUTIES etc.
Mayor Ferre:
move item 5, Mr. Plummer.
Mrs. Gordon:' Second.
Mr. Plummer: Any discussion? Hearing none, read the ordinance.
(WHEREUPON, THE CITY ATTORNEY PROCEEDED TO READ SAID ORDINANCE, BY TITLE ONLY,
INTO THE PUBLIC RECORD).
Mr. Plummer: Discussion?
Mrs. Gordon: Discussion. I wish the records to reflect that the two sub -Paragraphs
under paragraph (b) should be deleted. That waters down the intent of the tighten-
ing of the conflict of interest ordinances. I propose that campaign contributions
do, in fact, and hence the candidates, enhances that office holder opportunity to..
with the election, and the prudent person terminology, it's a very losely worded
terminology, one that is very difficult to measure and, in my opinion, provides a
loophole that should be closed in the conflict of interest ordinance of the City
of Miami, and I would move that that be stricken from the description under the
ordinance title. That is (i), and (ii). I so move, that that be strickened.
Mr. Plummer:' Is that a substitute or an amendment?
Mrs. Gordon:, As a deletion from the ordinance
titles, in parenthesis, labeled .(i) and (ii).
Mr. Plummer: A deletion would be an amendment
Mr. Knox: Yes.
Mayor Ferre: Yes, of course.
description, those two subparagraph
Does an, amendment need a second?
Mr. Plummer: Is there a second to the amendment? (Repeated 3`times)
Mrs. Gordon: In speaking for the deletion, let me simply say that the confidence
of the public in public officials has been deeply eroded by loopholes such as this
that you are putting into this ordinance. If indeed you have the intent to close
all loopholes of conflict of interest and you permit these two loopholes to remain
in this ordinance, you are in fact, without a doubt, permitting future commissioners,
or mayors or candidates who are in office to make special favors throughout the years
and then pick up great sums of money at election time. And I would suggest that
those two items...anyone who is truly interested in closing loopholes, be deleted.
mh
4
1�
Mayor Ferre: We've been through that and I think you didn't get a second. Will
the chair. recognize me?
Mr. Plummer: Under discussion.
Mayor Ferre: Mrs. Gordon, what you are saying is totally acceptable in theory
and typically unrealistic. Ithappens to be against the Constitution of the United
States of America and the Federal Court has on several occasions ruled that under
the First Amendment, what you are proposing, is a violation of the, most basic
right that these United States is founded on. And Mr. Knox, my question to you is,
did you prepare this statement at the instruction of Mrs. Gordon?
Mr. Knox: Mrs. Gordon made a request that we draft an ordinance which would be
designed to accomplish the objective of strengthening, if You will, or providing
in our code of ordinances a conflict of interest provision relating to campaign
contributions.
Mrs. Gordon: And I ordered....
Mayor Ferre: I still have the floor, Mrs. Gordon,` and I will tell you when I am
finished, on the record. And, Mr. Knox, did you approve this in form, as to legal
substance?
Mrs. Knox: Yes, sir.
Mayor Ferre: The inclusion of paragraph (b), subsections (i) and (ii) were put in
there - as I understood it for a constitutionality provision, is that correct?
Mr. Knox: Yes, sir.
Mayor Ferre: Is it not so that the Constitution has recently been tested in the
Supreme Court on exactly these matters?
Mr. Knox: Yes, sir, on matters closely related with respect to contributions.
As a matter of fact, this is why there are monetary limitations placed on contribu-
tions rather than prohibitions against the receipt of certain kinds of contribu
tions.
Mayor Ferre: And, therefore, isn't this in effect tracking the Supreme Court ruling
on these items?
Mr. Knox: Yes, sir, and it is tracking the Florida statute pertaining to the same
subject matter.
Mayor Ferre: So, therefore, my last question is you are doing nothing more than
following the mandate of the Constitution as determined by recent Supreme Court
rulings.
Mr. Knox: Yes, sir.
Mrs. Gordon: Mr. Knox..
Mayor Ferre: I have now finished my statement. Mrs. Gordon.
Mrs. Gordon: Mr. Knox, isn't it true that there are times, where certain rulings
may be similar to other rulings and not exactly the same, and the courts have ruled
in many different instances in different ways. And isn't it true if in fact this
Commission wished to truly prohibit the obtaining of pay-offs on contributions -or
whatever you want to `call them- from people who have done business with or are
doing business with the City, they would therefore...you would therefore teat it
again to see whether or not it was or was not constitutional? Because on many
instances such as the instance of the ordinances relating to the clean up of the
Boulevard with relationship to the closure of pornography places and other places
and the apprehension of prostitutes situation that we have. We have passed ordi-
nances that have been declared unconstitutional by some and not ruled upon in the
same way by others. Isn't it true that there is a fear in this Commission perhaps
of really trying the courts to see whether the courts...•.
Mr. Plummer:
Mrs. Gordon:
Isn't it true
Is that a legal, question?
Wait a minute, she's got the floor.
I'm asking questions, Mr. Mayor, you had a long time to talk up here.
that you are not willing to test this case to see whether or not you
,12
NOV 8 iy/yi
could really prevent this group of people from obtaining contributions from people
who appear before the City on zoning cases and/or who have received a contract on
engineering or architectural work, or people who get contracts for doing auditing
and so forth? Wouldn't you want to try it the harder way, the tighter way and see
whether it would stand up in court? I'm asking in the form of a question.
Mr. Knox: Well, the Law Department is not unwilling to draft an ordinance sub-
ject to the will of the Commission. Again, our effort was to conform with
existing precedents and existing State statutes, and existing United States Supreme
Court mandates. Now, again, because we've done it on a number of occasions, the
City Commission has the power to adopt an ordinance which carries with it a pre-
sumption'of constitutionality until such time as there is an attack upon it, but
again we don't participate in policy to the extent that we would have an opinion
about whether or not we would prefer to draft this or that type of ordinance.
Mrs. Gordon: All right. Isn't it true that I requested of your Department to
send me, and in simple terms, simply add at the end of that clause the words:
"including campaign contributions whether solicited or not" and that was all, five
words, and you came back after my request being very clear as to what I wanted I
never received that ordinance in the form I requested it. What I received instead
and not by Commission policy but simply by your being directed probably -I'm certain
you didn't do it on your own- I don't know, maybe you did. But, isn't it true that
you did not produce what I requested which was a simple inclusion of the words "cam-
paign contributions" be tracked in under accepting gifts, etc., whether solicited
or not.
Mr. Knox: In our opinion, your request as you requested it was unconstitutional.
We have an obligation to conform to the request in a constitutional and permissible
manner and we were not directed by anyone except you, Commissioner Gordon, with
respect to this ordinance.
Mr. Plummer: Mrs. Gordon, are you finished?
Mrs. Gordon:; Yes,,I made my points into the record.
Mr. Plummer: Mr. Ferre.
Mayor Ferre: Of course, the Constitution is something of little consequence and
we don't really have to follow the Constitution because there is a law above the
Constitution and that is the politicalwhims of certain people who want to make
Political statements and continue to do so. 'I was hoping that we were going to
avoid this but since we have not, then let me put into the record that that type
of diatribe was turned down two to one this past Tuesday. I call the vote.
Mr. Plummer: Any further discussion? Call the roll.
Mrs. Gordon: I'm sorry the Mayor made a statement which as many other statements
he makes is not correct.
Mayor Ferre: Nineteen thousand votes to eleven thousand is pretty close to two
to one.
Mrs. Gordon:' Again, exageration doesn't prove a point.
Mr. Plummer: Call the roll.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING SECTION 2-103 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "ACCEPTING GIFTS, ETC., FROM PERSONS
CONTRACTING, ETC., WITH CITY" BY ADDING A SUBSECTION THERETO CONTAIN-
ING PROVISIONS WHICH PROHIBIT ANY CANDIDATE FOR NOMINATION OR ELECTION
TO THE CITY COMMISSION FROM SOLICITING OR ACCEPTING ANYTHING OF VALUE
TO THE RECIPIENT THAT WOULD CAUSE A REASONABLY PRODENT PERSON TO BE
INFLUENCED; IN THE DISCHARGE OF OFFICIAL DUTIES OR THAT IS BASED UPON
ANY UNDERSTANDING THAT THE VOTE, OFFICIAL ACTION, OR JUDGMENT OF THE
(Text follows on next page)
,13
NOV 8��i�
CANDIDATE WOULD BE INFLUENCED BY SUCH THING OF VALUE; CONTAINING
A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of October 31, 1979,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner (Mayor) Ferre, seconded by Commissioner , the ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Rose Gordon
Commissioner; (Rev.) Theodore R. Gibson
Commissioner Armando Lacasa
Vice Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9016.
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.
5. FIRST AND SECOND READING ORDINANCE: Amending Sec.1 of 3719
(Summary Grant Appropriations Ordinance)- Establish NEW
TRUST AND AGENCY FUND ENTITLED: "RECREATION PROGRAMS FOR THE
MENTALLY RETARDED (4TH YEAR)".
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719, ADOPTED
OCTOBER 26, 1977, THE SW1ARY GRANT APPROPRIATIONS ORDINANCE,
BY ESTABLISHING A NEW TRUST AND AGENCY FUND ENTITLED: "RECREATION
PROGRAMS: FOR THE MENTALLY RETARDED (4TH YEAR)", AND APPROPRIATING
FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $141,468, COMPOSED OF
$111,468 TO BE RECEIVED FROM STATE OF FLORIDA, DEPARTMENT OF HEALTH
AND REHABILITATIVE SERVICES AND $30,000 FROM CITY OF MIAMI, MATCHING
FUNDS FOR GRANTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON
TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR FIFTHS OF THE
MEMBERS OF THE CITY COMMISSION.
Was introduced by Commissioner Gordon and seconded by Commissioner Plummer
for adoption -pursuant to Section 4, Paragraph (f) of the City Charter dispensing
with the requirement of reading same on two separate days by a vote of not less
than four -fifths of the members of the Commission -
AYES: Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
'Vice Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
Whereupon the Commission on motion of Commissioner Gordon and seconded by
Commissioner Plummer, adopted said ordinance by the following vote -
AYES: Commissioner Rose Gordon`
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice Mayor J. L. Plummer, Jr.
Mayor Maurice A.•Ferre
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO
'The City Attorney read the ordinance
that copies were available to the members
available to the public.
./4
. 9017.
into the public record and announced
of the City Commission and copies were
NOV b wid
6. EMERGENCY ORDINANCE: AMEND SEC. 1 of ORDINANCE 8719 -
ESTABLISH NEW TRUST AND AGENCY FUND ENTITLED: "STRESS
CONTROL TRAINING COURSES FOR POLICE OFFICERS IN REGION
14: 1979-1980".
AN ORDINANCE ENTITLED
AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719,
ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT APPROPRIATIONS
ORDINANCE, AS AMENDED,_ BY ESTABLISHING A NEW TRUST AND AGENCY
FUND ENTITLED "STRESS CONTROL TRAINING COURSES FOR POLICE OFFICERS
IN REGION 14: 1979- 1980", AND APPROPRIATING FUNDS FOR THE OPERA-
RION OF SAME IN THE AMOUNT OF $32,114; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; DISPENSING WITH THE REQUIREMENTOFREADING
THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS
OF THE MEMBERS OF THE COMMISSION.
Was introduced by Commissioner Plummer and seconded by Commissioner
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:
Commissioner' Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice Mayor J. L. Plummer, Jr.
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:
Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice Mayor J. L. Plummer, Jr.`
Mayor Maurice A. Ferre
NOES: None.
SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE N0 9018
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.
DEFERRING CONSIDERATION OF ITEMS:
8, 8(a) and 8(b), OF THE REGULAR AGENDA, namely:
8. FIRST READING ORDINANCE: Changing the name of Citizen Services Dept.
to Department of Community Development, etc.
8a. FIRST READING ORDINANCE: Creating a Department to be known as
the Department of Parks, etc.
8b. FIRST READING ORDINANCE: Creating a new Department to be known
as the Department of Leisure Services, etc.
.15
NOV 8 19/9
ACCEPT GRANT,AWARD FROM THE FLORIDA DEPARTMENT OF HEALTH
REHABILITATIVE SERVICES FOR: "RECREATION PROGRAMS FOR THE
MENTALLY RETARDED."
The following resolution was introduced by Commissioner Gibson, who moved
its adoption:
RESOLUTION NO. 79-750
A RESOLUTION RATIFYING THE -'ACTIONS TAKEN BY THE CITY MANAGER IN
ACCEPTING -A GRANT AWARD FROM THE FLORIDA DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES FOR RECREATION PROGRAMS FOR THE MENTALLY
RETARDED AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY
ADDITIONAL CONTRACT(S) AND/OR AGREEMENT(S) TO FURTHER IMPLEMENT THIS
PROGRAM.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Gordon, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Vice Mayor J. L. Plummer, Jr.'
Mayor Maurice A. Ferre
NOES: None.
9. INCREASE SCOPE OF WORK FOR THE SITE PREPARATION AT "CITY OF MIAMI
UNIV. OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER" BY CON-
TRACTOR JOE REINERTSON EQUIPMENT CO., INC
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 79-751
A RESOLUTION CONFIRMING AND RATIFYING THE ACTION OF THE CITY
MANAGER IN APPROVING WORK RECOMMENDED BY THE CONSTRUCTION MANAGER
AND ARCHITECT THROUGH THE PROJECT DIRECTOR FOR THE CITY OF MIAMI/
UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER, WHICH
INCREASED THE SCOPE OF WORK FOR THE SITE PREPARATION BY THE CON-
TRACTOR JOE REINERTSON EQUIPMENT CO., INC. IN INCREASING THE HEIGHT
OF THE RADIAL SURCHARGE, RAISING THE BACKFILL, HAULING AND PLACING
ADDITIONAL LIMEROCK TO RAISE THE FOUNDATION OF THE STRUCTURE AND
BY ERECTING ADDITIONAL FENCING WORK WHICH INCREASED THE SCOPE OF THE
CONTRACT IN AN AMOUNT OF $27,363.99 AND WHICH RESULTED IN A NET
SAVING OF $34,843.00 ON THE FOUNDATION CONTRACT.
(Here follows body of resolution, omitted here and, on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Gordon the resolution was passed and
NOV 81979
adopted by the following vote:
AYES: ,Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.), Theodore R. Gibson
Vice Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
10. ALLOCATE $48,000 OF COMMUNITY DEVELOPMENT BLOCK GRANT (5TH
YEAR) FUNDS TO PROVIDE FOR: INDUSTRIAL HOME FOR THE BLIND
AND LOS VIEJOS UTILES IN THE LITTLE HAVANA TARGET AREA (pe-
riod 11-26-79 through 6-30-80).
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 79-752
A RESOLUTION ALLOCATING $48,000 OF COMMUNITY DEVELOPMENT BLOCK
GRANT (FIFTH YEAR) FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE
NO. 8943 ADOPTED JUNE 4, 1979; TO PROVIDE $25,000 FOR THE INDUSTRIAL
HOME FOR THE BLIND AND $23,000 FOR LOS VIEJOS UTILES IN THE LITTLE
HAVANA TARGET AREA OF THE CITY OF MIAMI FOR THE PERIOD COMMENCING
NOVEMBER'26,,1979 AND ENDING JUNE 30, 1980; FURTHER AUTHORIZING THE
CITY MANAGER TO ENTER INTO AGREEMENT WITH SAID APPROVED SOCIAL SERVICE
PROGRAMS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Lacasa, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Vice Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
11. AUTHORIZE CITY MANAGER TO ACQUIRE THE PROPERTIES BELONGING:
TO MICHAEL J. GETELMAN AND RAYMOND BUTLER.
Mayor Ferre: Take up item 11.
Mr. Vince Grimm: Mr. Mayor, members of this Commission, item 11 is a serious
decision by this Commission. This is to authorize the Manager to acquire two
tracts of propertythat are necessary for the Convention Center Parking Garage.
Our recommendation carries with it a financial penalty that is almost twice as
much as our estimated appraisal. It is our recommendation that we feel it es-
sential in order to receive the UDAG grant of almost $5,000,000. To assure the
City that we can complete the parking garage in conjunction with the Convention
Center in time and to assure the City that it will receive approximately $700,000
in revenue from the combined project of the Parking Garage and the World Trade
Center, we makethis recommendation although the City Commission..has•authorized
us to proceed to a quick -take process. That process has been resisted in the
.17
NOV 81919
court by the plaintiff's attorneys. We've got two of the more outstanding condem-
nation attorneys in the State of Florida and it is our opinion that that process
will so delay us as to jeopardize the UDAG grant and our ability to fulfill our
contractual relationships for the Convention Center.
Mayor Ferre: Questions?
Mr. Plummer: Well, you know, we don't like it, it's distasteful, but as I see
it...
Rev. Gibson: We don't have any choice.
Mr. Plummer: ...I don't see that we have any choice, truthfully.
Mayor Ferre: Is there a motion? Moved by Lacasa, seconded by Gibson, further
discussion?.
The following resolution was introduced by Commissioner Lacasa, who moved
its adoption:
RESOLUTION NO. 79-753
A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE IN LIEU
OF CONDEMNATION TWO PARCELS OF LAND, BEING 134 SOUTHEAST 2ND STREET,
PARCEL "B", AND 126 SOUTHEAST 2ND STREET, PARCEL "A", MIAMI, FLORIDA,
FOR THE SUM OF $1,501,000.00, FROM PRESENTLY ALLOCATED CITY OF MIAMI/
UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER FUNDS TO
COVER THE COST OF ACQUIRING FEE SIMPLE TITLE TO THIS PROPERTY AND
OTHER COSTS INCIDENTAL TO THE ACQUISITION.
(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 followingvote:
AYES: Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Vice Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
12. AUTHORIZE CITY MANAGER TO ACQUIRE THE SEABOARD COASTLINE
RAILWAY CO. PROPERTIES FOR EXPANSION OF MIAMI STADIUM, ETC.
Mayor Ferre: Take up item 11(a).
Rev. Gibson: Move.
Mayor Ferre: Father Gibson moves item 11(a).
Mr. Plummer: Well, for purposes of discussion I'll second the motion.
Mayor Ferre: Mr. Plummer is recognized.
Mr. Plummert Under discussion, Mr. Grimm, maybe I'm wrong, but when did the Com-
mission authorize this discussion to commence? In what....?
Mr. Grimm: I don't think that I know the answer to that, Commissioner. If you
asked me that right now I'd say you probably never did but that would not pre-
clude the Manager from....
Rev. Gibson: That's not the way it is. That was discussed right here and.I
remember Rose Gordon and I were strong for that acquisition for that property
mh
,18
NOV 8 1979
because it would enchance that stadium. And one of the things we said is that if
you are, going to attract a major leagueteam or a team of that nature in this
area that, we, ought to expand that facility. I remember that because....and also
get the county's property, that building and then trade off with the county on
some terms that we did not want to let it be known the actual cost of one piece
of property we had and I think it was some property over one of these islands where
they needed to expand the Port, right, I remember that now.
Mayor Ferre: Further discussion.
Mr. Plummer: Well, Mr. Mayor, I have -at this Commission's direction- I have
sat on the Sports Authority Committee or the Sports Committe on the 2% resort
tax or whatever that umbrella is called, and`I wonder if this Commission is aware
that that Committee is in the talkative and possibly the active position of ac-
quiring the FEC repair yard for a major baseball stadium.
Mayor Ferre: I would like to inform you -as it's' been reported in the press
that the 36th Street property, consisting of 55 acres, owned by the FEC, is not
on the market, that the FEC has answered Mr. Fine that it is not for sale and
I don't know of any actions to take it at this point. Furthermore, I` am not
ready to make any kind of an announcement but I, personally, onmy own have been
dealing with a group of people who are very close to finalizing the purchase of
a major league baseball team for the purposes of moving into Miami. They very
much need a stadium for baseball. They have accepted the present location with
basic improvements, including parking and they feel very strongly that they do not
want tobe in the Orange Bowl nor do they want to be anywhere in any kind of a
stadium that conflicts with the base of a football team. Even if thisproperty
were not to be used for the purposes of a baseball team, I, might point out that we
are buying it at an extremely low price compared to the appraised value and it is
a magnificent location for all types, of public purposes of which a baseball stadium
is just one.
Mr. Grimm: I would just like to emphasize on that Commissioner that the fact that
we paid more than the appraised value on the Butler and Getelman'`property,here we
are paying considerably less than the City's appraised value, as a matter of fact,
about half as much.
Mayor Ferre: How much is the appraised value?
Mr. Grimm: The City's appraised value was $995,000.
Mayor Ferre: How much are we paying for this property?
Mr. Grimm: We are paying $440,000 forthe piece of property including all of the
improvements. However, we are suggesting that it be purchased in terms, at inte-
rest, so that will make the total price that we will pay at the end of the mortgage
a little over $500,000.', Still a very good price.
Mayor Ferre: It's even better, just a deal you can't refuse. I'm just grateful
to the SEC.. is there anybody, here from the SEC? -`I would like, if this thing passess
to pass a Resolution of gratitude. I. wished there were other railroads who had this
kind of an enlightened viewpoint towards Miami. Is there any further discussion?
Call the roll.
The following resolution was introduced by Commissioner Gibson, who moved
its adoption:
RESOLUTION NO. 79-754
A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE IN LIEU OF
CONDEMNATION TWO PARCELS OF LAND LOCATED AT 2200 N.W. 7TH AVENUE,
MIAMI, FLORIDA, FRONTING ON N.W. SEVENTH AVENUE BETWEEN N.W. 22
STREET AND 23 STREET, EXTENDING WESTWARDLY TO N.W. 11 AVENUE,
COMPRISED OF APPROXIMATELY 6 ACRES, FOR THE SUM OF FIVE HUNDRED
TWENTY-FOUR THOUSAND EIGHT HUNDRED THIRTY-ONE DOLLARS AND FIFTY-TWO
CENTS ($524,831.52) SUBJECT TO (a) TERMS AND CONDITIONS CONTAINED
INTHEATTACHED PURCHASE SALE AGREEMENT BETWEEN SEABOARD COAST LINE
RAILWAY COMPANY AND THE CITY OF MIAMI; (b) ALLOCATION OF $118,000.00
FROM THE 1979-80 UNALLOCATED CAPITAL IMPROVEMENT FUNDS TO COVER THE
(Titled cont'd
on following page)
19
NOV ti Iyiy
INITIAL DOWN PAYMENT AND OTHER COSTS INCIDENTAL TO THE ACQUISITION:
(c) ALLOCATION OF THE COST OF FUTURE INSTALLMENT PAYMENTS FROM
ENSUING ANNUAL APPROPRIATION OF, CAPITAL IMPROVEMENT FUNDS.
(Here follows body of resolution, omitted here and on file
in the office of the City Clerk).
Upon being, seconded by Commissioner Plummer, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Vice Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ON ROLL CALL:
*Mr. Plummer: I'll vote yes but I want to predicate my vote of yes upon the fact
that we can acquire 6 acres of, property for this particular price 'because I have
some reservations about tying it with across the street. Mr. Grim, I must ask the
question, that is, where is the money coming from?
Mr. Grimm: The first year's payment will come from Florida Power and Light
Capital Improvement Funds.
Mr. Plummer: And the remainder?
Mr. Grimm: The remainder we'll have to appropriate each year.
Mr. Plummer: From hwere?
Mr. Grimm: From whatever source this Commission selects.
Mayor Ferre: _A five-year pay -out.
WHEREUPON, the City Commission went into Lunch
Recess at 10:35 A.M., reconvening at 1:10 P.M.
with all members of the City Commission found
to be present except for Mayor Maurice A. Ferre
and Commissioner Lacasa.
AGENDA ITEM NO. 20. (WITHDRAWN)
13. ACCEPT GRANTS FROM THE U.S. DEPARTMENT OF THE INTERIOR,
HERITAGE CONSERVATION AND RECREATION SERVICES; URBAN
PARK AND RECREATION RECOVERY PROGRAM.
its
The following resolution was introduced by Commissioner Gordon, who moved
adoption:
RESOLUTION NO. 79-755
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT GRANTS FROM
THE U.S DEPARTMENT OF INTERIOR, HERITAGE CONSERVATION AND RE-
CREATION SERVICE; URBAN PARK AND RECREATION RECOVERY PROGRAM AND
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY
CONTRACT(S) AND/ORAGREEMENT(S) TO IMPLEMENT THE PROGRAM.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution was passed and
,20 NOV 819/9
adopted by the following vote:_
AYES
Commissioner (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Vice Mayor J. L. Plummer,=Jr.
ABSENT: Commissioner Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
SUPERIOR ENGINEERING SALES, INC
(One 20,000 gpm Storm Sewer Pump)
Public Works Department
The following resolution was introduced by Commissioner Gordon, who moved
its adoption:
RESOLUTION NO. '79-756
A RESOLUTION ACCEPTING THE BID CT SUPERIOR ENGINEERING SALES
INC.` FOR FURNISHING ONE 20,000 gpm STORM' SEWER PUMP FOR THE
DEPARTMENT OF PUBLIC WORKS AT A TOTAL COST OF $21,890.00;
ALLOCATING FUNDS FROM THE CAPITAL IMPROVEMENT BUDGET; AUTHORIZING
THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE
ORDER FOR` THIS EQUIPMENT.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk) .
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote:
AYES: Commissioner (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Vice Mayor J. L. Plummer, Jr.
ABSENT: Commissioner Armando Lacasa/ Mayor Maurice A. Ferre
NOES: None.
AGENDA ITEM NO. 23 WITHDRAWN.
AGENDA ITEM NO. 26 - WITHDRAWN.'
15. CANCELLATION OF PUBLIC HEARING PREVIOUSLY SCHEDULED TO TAKE
PLACE ON THIS SAME DATE AT 7:00 P.M. inre New Washington Heights.
Mr. Grimm: Sir, you are already aware that the Public Hearing at 7:00 o'clock
has also been cancelled.
Mr. Plummer: Okay, though that's not on the Consent Agenda.
Mr. Grimm: No, sir.
mh
.21
NOV 81979
Mrs. Gordon:Waht was the 7:00 o'clock hearing.
Mr. Plummer: That was item 35, Rose, for the Washington Heights, that has been
withdrawn, but that was not on the Consent Agenda.
Mrs. Gordon: Why was it withdrawn?
Mr. Grimm: I believe that the people from New Washington Heights came in and
requested that they have another subsequent meeting, Mrs. Gordon.
Mr. Plummer: 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 adop-
tion of the Consent Agenda will now be taken.
The following resolutionS were introduced by Commissioner (Rev.) Gibson,
seconded by Commissioner Cordon and passed and adopted by the. following vote:
AYES: Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson
Vice Mayor J. L, Plummer, Jr.
ABSENT: Commissioner Armando Lacasa
Mayor. Maurice A. Ferre
16.1 ACCEPT BID: VWR SCIENTIFIC $14,121.50
HOPE INDUSTRIES $6,622.00
(Photo Lab Equipment)
Fire Department
RESOLUTION 79-757
A RESOLUTION ACCEPTING THE BIDS OF VWR SCIENTIFIC AT A COST OF
$14,121.50 AND HOPE INDUSTR1ES, INC. AT A COST OF $6,622.00 FOR
FURNISHING PHOTO LAB EQUIPMENT FOR THE DEPARTMENT OF FIRE AT A
TOTAL COST OF $20,743.50; ALLOCATING FUNDS FROM THE FIRE FIGHT-
ING, FIRE PREVENTION AND RESCUE FACILITIES BOND FUNDS; AUTHORIZING
THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE
ORDERS FOR THIS EQUIPMENT.
16.2 ACCEPT BID: WEATHERTROL`MAINTENANCE CORP.
(Air Conditioning Maintenance)
Department of Police
RESOLUTION 79-758
A RESOLUTION ACCEPTING THE BID OF WEATHERTROL MAINTENANCE,CORP. FOR
FURNISHING AIR CONDITIONING MAINTENANCE AT THE MIAMI POLICE DEPART-
MENT; ON A CONTRACT BASIS FOR ONE YEAR; FOR THE DEPARTMENT OF BUILDING
AND VEHICLE MAINTENANCE; AT A TOTAL COST OF $26,984.00;,ALLOCATING
FUNDS FROM THE 1979-80 OPERATING BUDGET; AUTHORIZING THE CITY MANAGER
AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS SERVICE.
16.3 ACCEPT BID: DIETCRAFT, INC.
(Day Care Food Program)
Day Care Centers
RESOLUTION 79-759
A RESOLUTION ACCEPTING. THE BID OF DIETCRAFT, INC. FOR FURNISHING
THE FOOD PROGRAM AT THE DAY CARE CENTERS ONI A CONTRACT BASIS;FOR
ONE YEAR FOR THE DEPARTMENT OF LEISURE SERVICES AT A TOTAL COST
OFr$37,250.00 ALLOCATING FUNDS FROM U.S.D.A, GRANT FUND; AUTHORIZING
THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER
FOR THIS SERVICE.
16.4 ACCEPT BID: FRANK J. MORAN, INC.
(Installing of Computer Power Supply (UPS)
Department of Police
RESOLUTION 79-760
A RESOLUTION ACCEPTING THE BID OF FRANK J. MORAN, INC. IN THE
PROPOSED AMOUNT OF $143,835.00 THE BASE BID OF THE PROPOSAL, FOR
THE COMPUTER POWER SUPPLY MMPD; WITH MONIES THEREFOR ALLOCATED
FROM THE "POLICE HEADQUARTERS AND CRIME PREVENTION FACILITIES G.O.
BOND EXPENDITURES ($91,265.50)".AND THE "FIRE FIGHTING, FIRE
PREVENTION AND RESCUE FACILITIES G.O. BOND EXPENDITURES ($61,034.50)"
IN THE AMOUNT OF $143,835.00 TO COVER THE CONTRACT COST; ALLOCATING
FROM SAID FUNDS THE AMOUNT OF $7,025.00 TO COVER THE COST OF PROJECT
EXPENSE; ALLOCATING FROM SAID FUNDS THE AMOUNT OF $1,440.00 TO COVER
THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND
POSTAGE; AND AUTHORIZING THE CITY MANAGER TO. EXECUTE A CONTRACT WITH
SAID FIRM.
16.5 ACCEPT COMPLETED WORK: M. R. HARRISON CONSTRUCTION CORPORATION
(Bicentennial Park -Phase II- 1975)
RESOLUTION 79-761
A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY M. R. HARRISON'
CONSTRUCTION CORPORATION AT A TOTAL COST OF $3,473,000.00 FOR THE
BICENTENNIAL PARK - PHASE II - 1975 (COMBINED PROJECTS 3 AND 4 -'
UTILITIES, SITE DEVELOPMENT, LANDSCAPING, AND IRRIGATION) (2ND BIDDING)
AND AUTHORIZING A FINAL PAYMENT OF $196.516.54.
16.6 ACCEPT COMPLETED WORK:
JUELLE BROTHERS, INC.
(Little Havana Community Center -Bldg. -
Demolition.
RESOLUTION 79-762
A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY JUELLE BROTHERS,.
INC. AT A TOTAL COST OF $27,350.00 FOR LITTLE HAVANA COMMUNITY CENTER -
BUILDING C - DEMOLITION; AND AUTHORIZING A FINAL PAYMENT OF $3,140.00.`
16.7 AUTHORIZE MANAGER TO EXECUTE CONTRACT WITH "THE COUNSELLING AND
STRESS CONTROL CENTER."
RESOLUTION 79-763
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED
CONTRACT BETWEEN THE CITY OF MIAMI AND THE COUNSELLING AND STRESS
CONTROL CENTER FOR THE PURPOSE OF CONDUCTING STRESS CONTROL TRAINING
COURSES DURING 1979 1980-FOR POLICE OFFICERS IN DADE AND MONROE
COUNTIES.
16.8, `PUBLISH NOTICE OF PUBLIC HEARING FOR OBJECTIONS TO ACCEPTANCE OF
COMPLETED WORK: CONSTRUCTION OF CITY WIDE SANITARY SEWER EXTENSIONS
IMPROVEMENT SR-5448-C (Centerline sewer).
RESOLUTION 79-764
A RESOLUTION AUTHORIZING THE CITY CLERK TO PUBLISH A NOTICE OF PUBLIC
HEARING FOR OBJECTIONS TO THE ACCEPTANCE BY THE CITY COMMISSION OF THE
COMPLETED CONSTRUCTION OF CITY WIDE SANITARY SEWER EXTENSIONS IMPROVE-
MENT SR-5448-C (Centerline sewer).
(COMMISSIONER ARMANDO LACASA ENTERS MEETING AT 1:15 P.M.)
NOV 8 iyiy
Mr. Victor Logan requested to be heard in spite of the fact that he did not
have a full Commission.The Chair agreed.
Mr. Plummer:
Mr. Logan: I appreciate it. Honorable Commissioners and Vice Mayor. Let me say
that we went through a lot of battles this last Year to bring the Miami Boat Show
to you and to attempt to make it a success. It was very difficult to do so with
a competing boat show three weeks after me.; It is my,representation at this time
that that boat show that ran three weeks after me out at the Marine Stadium was
only allowed due to the fact that the City Manager entered into what he thought
was a revocable permit with Larry Pearl and Exposition Corporation and you felt
obligated to honor that one time permit. Which you did do so.
As a result of his boat show and my boat show running three weeks apart, it
was a crucial detriment to my boat show, I do not think his boat show attracted
that many people either but the advertising was totally confusing due to the fact
that he advertised right along side of me even though his boat show was three
weeks after me. I` suffered through this first year which is always a difficult nne
and listened to many exhibitors who said having two boat shows within two o three
weeks is crazy. I also attached an addendum of a letter from my attorney Ron
Leiberman pointing out that in a case in Jacksonville, as I did, it indicated
there in a decision that the City is immune from anti-trust regulations, in that
particular situation. Now, it has come to my attention -I recall from the past
your saying that nothing would be done before it comes before you as far as....
and I"talked to Mr. Jennings and he indicated to me that no contract would be
given to Mr. Pearl before Mr. Pearl comes to the Commission. I have with me today
a copy of a contract which is being circulated by Exposition Corporation of
America (Larry Pearl) for a Summer Power and Sailboat Show that they are signing
a contract for 1980, two weeks before my boatshow. And if Mrs. Gordon looks at
that briefly and passess it down, you'll be able to verify that the Miami power
and sailboat show people are selling space for a boatshow that to my knowledge
they don't have a contract on and aren't supposed to get a contract for this year
unless they get your permission. I'm totally perplexed. I talked to your City
Attorney who advises me that if you, Commissioners, feel that there is no room
for two boat shows to operate successfully that you could make it a City policy
to only accept one boat show and this would fall out of the reigns of restraint
of the Sherman anti-trust. 'I can only say that I'm simply trying to protect the
situation so that the Miami ` Summer Boat Show is the most successful that it can
be and I can only tell you that to have a boat show two weeks beforeme in the
same hall or at the Miami Marine Stadium is going to be devastating and I' don't
think that that was your intention in the first place and would ask this Commission
if they would kindly give me the protection that they first offered which was their
intent and help me to make this a successful, honorable thing for the City of Miami.
Rev. Gibson: Mr. Vice Mayor, I remember' this discussion that we had the last time
and literally we promised that man that...and you know,we would be man -woman enough
to keep our word and our commitment, and I want no loopholes...as a matter of fact
when my Secretary comes back I'm going to ask her to make me a copy of that prayer
that I` gave this morning. That was not an accident (repeat), I think we ought to
be well intended moraily in what we do. Now, to have a boat show literally in
the same facility, say maybe 10 blocks away, two weeks after or a month after is
not in the best interest of the man who is going to have it the month before and
we argued that. Now, we will do that which is right. I get so sick and tired of
the public telling me that this kind of thing...and I feel that we ought to do
what is right. And we told Mr. Grassie last year, do you remember that Plummer?
Not to issue no contracts until he comes to us and I'm going to promise you, he
better not issue any. Because we told him - do you know what I learned in Philo-
sophy? To be forewarned is to, be forearmed. We told him. And I hope the Legal
Department will tell him that we mean business. Let me tell you some of the vibes
I get. If you are a little guy...you know...I would hope that when everybody comes
to that mike, he knows that he is at the mercy of the Commission and the Com-
mission will do that which is right, and fair and just and I don't want no
hanky-panky and loopholing.
Mr. Grimm: Mr. Vice Mayor, if I may, I feel that I should read into the record
for Father's benefit a letter that was sent by the Manager to Mr. Pearl dated
October 26, 1979.
"Dear Mr Pearl: This is in response to your letter of September
27, 1979, requesting that the dates for your proposed Power: and Sail
boat Show at the City of Miami Marine Stadium, as proposed to you in
your earlier letter of August 28 be changed to those set forth in the
new September 27 letter. In view of the fact that the City had a previous
booking for the dates which conflicted with your prosed 1980 dates.
We have reviewed our bookings at the Marine Stadium and have found out
that there are conflicting bookings with the dates proposed by you in your
letter of September 27, 1979. However, these dates have only been tenta-
tively reserved for your use pending a decision by the City Commission as to
its policy regarding acceptance of your booking in view of the already
existing contract between the City of Miami and the Miami Summer. Boat
Show for a Boat Show at the Coconut Grove Exhibition Center within a week
or so of your proposed Boat Show at the Marine Stadium. Please advise this
office when you would find it convenient to appear before the City Commission
to discuss this matter."
Rev. Gibson: Do you mean to tell me that we have another Boat Show scheduled?
Is that what you are reading to me?
Mr. Grimm: No, sir. what I'm telling you is that there will be no boat show,
boat sail, boat anything at the Marine Stadium anytime without your blessings..
Rev. Gibson: All right, you have mine now Mr. Logan. If anybody has any doubt
you have my blessings. I just believe that this man came in and he went through
hell. I'd like to atone for my sins for the hell I put him through last year.
Now, you may not know what that is like but in my religion, in my faith, when you
do wrong you say you are sorry and you atone for it, and I want to atone. You see,
one day I may be in your shoes, man. So I want to send some browny points up for
when that time comes the Good Lord might remember that...you know.
Mr. Plummer: Mr. Logan, let me ask you a question it might help for clarification.
Your appearance here today is based upon not your own show, which you already have
booked, is that correct? It's on a show that would be on competition.
Mr. Logan: That would come on two weeks before mine, yes, sir.
Mr. Plummer: Yes, but in other words, your booking and your dates are secure.
Rev. Gibson: On paper, but it's not secure if you are going to have a boat show
two weeks before. We told the Administration the last time not to do a thing like
that. I remember that distinctly, now, that's not right.
Mr. Plummer: Your dates are secure.
Mr. Logan: My dates,...when you say "secure", sir, that's a very big question,
they are not secure because there is going to be another boat show two weeks
before mine at the Marine Stadium.
Mr. Lacasa: What are the dates you have?
Mr. Logan: My dates are July 11-14, 1980.
Mr. Plummer: All right, sir, how many years do you have those dates reserved?
Mr. Logan: It's 5 years plus a five-year option, so it's 10 years.
Mr. Plummer: So, really, the basis of your appearance here today is to protest
anyone having the right to have something prior to your show.
Mr. Logan:' Not to protest, sir, to ask you to make it the policy today. You
told me previously that at anytime in the future I could come back before this
Commission...you see, let me explain, that you originally gave me, in writing,
a guarantee that I would have an all -City protect. I have a letter tothat
effect, sir, okay? Now, because of the error made by Mr. Grassie, it was evident
that in order for the City to keep free from entering into suit due to the permit
he issued I waived the all -City protect for that year and said I..realizing they
couldn't write it in and then not honor it, said I would go ahead and accept the
60-day before and after protect at the Coconut Grove Exhibition Center but they
also wrote into the Lease that I would be allowed to come before the Commission
at any later date to ask them to 'change that, back to the all -City protect. We
couldn't be given an all -City protect the first year due to the mistake made by
Mr. Grassie. Now, I'm coming now to yOu asking you to set a policy that for
financial reasons two boat shows cannot succeed within three weeks and I'm asking
you to set a policy stating that there will be no other boat show within 607days
before or after my boat show.
Rev. Gibson: And let me say that I'm not arguing this case for him but I have
to pass judgment, I resent having people come here, having:an understanding and
then going away from here and it is other than....We promised the man that then
and I expect to live up to it and we told Mr. Grassie then not to sign no more
contracts before he comes in. Is that what your letter says?
Mr. Grimm: Father, you
authorized Mr. Pearl to
Rev. Gibson: Well, no,
it will not be done, at
are not under the impression that the Manager has
use the Miami Marine Stadium?
but let me say this, I want to now set the'polity that
all.
Mr. Grimm: The letter. that I read to you, Father, is one signed by the City
Manager to Mr. Pearl telling him that he will not get a date for the boat show
at the Marine Stadium, boat sale or whatever you want to call it without an
appearance before this Commission, and without a decision by this Commission.
Rev. Gibson: Well, let me say...I hear what you say, I understand, but if he is
advertising the people who have questions on their minds, whether you are going
to have yours and whether they are going to have theirs. And what I want is that
he be prohibited from doing that kind of a thing. Somebody has got to make sure
to somebody gets this message loud and clear, and if a motion is in order, if you
want to wait until the man comes I am going to be saying the same darn things
then. If in order, I make a motion now.
Mr. Lacasa: Second.
Rev. Gibson: I make a motion that the policy be adhered to, no boat show 60
days before, no boat show 60 days after in any City facility. It angers me that
we have to vote through this every year, the same vote.
Mrs. Gordon: It's not the same thing we did before.
Mr. Logan: Mrs. Gordon, it's not the same thing that you did before because we
have now checked it legally and the legal interpretation on the part of the City
Attorney is that you can make it a policy decision based on the fact that two
shows can't survive. So it's different. What we were asking for before was some-
thing totally different and now this is all legal and proper.
Mr. Plummer: Mr. Knox, you 've heard the discussion.
Mrs. Gordon: I suggest this matter be tabled until the Mayor gets here and let
him make his voice heard on this issue.
Mr. Plummer: Motion to table is in order.
Rev. Gibson: I don't mind, but I'm going to say the same thing then as I'm
saying now.
THEREUPON, the above matter on motion of Commissioner
Rose Gordon, was tabled.
18. CREATING A SPECIAL COMMITTEE: ELECTIONS REVIEW COMMITTEE
(to recommend on questions of
conflict of interest in existing
election laws).
Mr. Plummer:
mh
A resolution confirming the appointment to the Elections Review
26
NOV 8 i9/9
Committee. Is there a motion? Moved by Lacasa, seconded by Gibson, further
discussion, call the roll.
The following resolution was introduced by Commissioner Lacasa, who moved
its adoption:
RESOLUTION NO. 79-765
A RESOLUTION CREATING A SPECIAL COMMITTEE KNOWN AS THE ELECTIONS
REVIEW COMMITTEE TO MAKE FINDINGS AND RECOMMENDATIONS REGARDING
THE QUESTION OF CONFLICT OF INTEREST IN EXISTING ELECTION LAWS;
APPOINTING CERTAIN MEMBERS THERETO.`.
(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 Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner_ Rose Gordon
Vice Mayor J. L. Plummer, Jr..
Mayor Maurice A. Ferre
NOES: None.
19. DEFERRAL OF CONSIDERATION OF EMERGENCY ORDINANCE REPEALING ORD.
8994, PROVIDING FEES COLLECTED FOR ALL OFF -DUTY POLICE SERVICES
ARE TO BE USED TO OFF -SET ADMINISTRATIVE COSTS FOR SERVICES
PROVIDED.
Mr. Plummer: An emergency ordinance repealing ordinance No.8994, etc.
Is there a motion? Moved by Lacasa, seconded by Gibson, further discussion?
Mrs. Gordon: What is the correction on this? Why is it being...?
Mr. Plummer:' Rose, in the past it has gone to cover the cost of the policemen,
it went directly to him, it now goes to the administrative cost.
Mrs. Gordon: I want to read this before I vote on it, so why don't you give me
an opportunity to read through it? I just received my copy.
Mr. Plummer: Okay.
MAYOR FERRE REQUESTS OF THE AGENDA OFFICE TO DO SOMETHING ABOUT PRESENT PROCEDURE
BEING USED TO DISTRIBUTE THE SUPPLEMENTAL AGENDA.
Mayor Ferre: It's an emergency ordinance, why in the world does it come up as
a tag -on to something...you know. Just for the future, Angela? Please stop
me if any member of the Commission feels I'm not speaking, you know, if they
in any way disagree. Please, no more emergency ordinances or'some last minute
things of this nature, unless it's a real, honest -to -goodness emergency. Then
I'd want the Manager to call every single member of this Commission, or at least
an Assistant City Manager, call every member of the Commission to explain what
the emergency is all about before we get to this table, okay? Do we need to
put that in the form of a motion of some kind?
Mr. Grimm: No, sir.
ITEM WAS TEMPORARILY DEFERRED.
NOV b �y/y
20. CONTINUED DISCUSSION OF "1980 Miami Summer Boat Show"
Personal Appearance: Victor Logan.
Mr. Plummer: Mr. Mayor, we had already heard from Mr. Logan in his presenta-
tion and we were to the point of a motion and Mrs. Gordon asked to table the
motion until your arrival. The motion was to guarantee all City facilities
for 60 days prior to Mr. Logan's and 60 days after Mr. Logan in all City faci-
lities.
Mayor Ferre: You can't do that, legally.
Mr. Plummer: Mr. Mayor, I'm nor saying whether you can -or cannot I'm saying that
that was the motion, it was made by Father Gibson, seconded by Mr. Lacasa and
tabled at Mrs'. Gordon's request.
Mayor Ferre: The problem with that is that it is...well, if Mr. Knox tells me
that it is legal then I've got no problem with it. Is that legal, Mr. Knox?
Mr. Knox:
I will refer the
Commission again to a memorandum which was...
Mr. Plummer: Excuse me, Mr. Knox, let me bring the Mayor up fully to date. Mr.
Logan gave this to the Commission which is a copy of a contract which has been
circulated by Mr. Pearl for a Motor, Power and Sailboat Show June 27-29, 1980
in the Marine Stadium, two weeks prior to his Summer Boat Show at the Dinner
Key Auditorium and that is where he was then asking for the policy of this 'Com
mission that no competitive boat show could be held in any City facility City-
wide, I think was the term.
Mayor Ferre: Mr. Pearl cannot do that and neither can Mr. Logan. Whose is this?
Is this :Pearl 's?
Mayor Ferre: Mr. Pearl, you know, what's sauce for the goose has got to be sauce
for the gander, there is no way in the world that we can have an exclusivity in'
any facility according to the law, as I understand it, and Mr. Knox, please tell
me what the law is.
Mr. Knox: There was a memorandum addressed to the Mayor and to the members.of
the City Commission dated June 21, 1979 from the City Attorney and in salient
part with respect to this particular question I would -with the Commission's
permission read three sentences:
"First: Where the economic interest would be so profoundly impacted by
the conduct of similar events within a close time period of each other at
the same facility, the City has the discretion to provide for buffer *ones
or "protect periods". Again, the law which is in existence at this point
relates to the same facility and there is no law that we have discovered
which would relate to two separate facilities within the same municipality.
The second thing that I will point out to the City Commission is that the Supreme
Court recently made a decision where municipalities were declared to be subject
to the Sherman Anti-trust Act and therefore liable for violations thereof.
Rev. Gibson: I didn't hear that.
Mr. Knox: Municipalities are subject to the Sherman Anti -Trust Act which prevents
monopolities -either natural or created monopolies- and therefore any violation of
the Sherman Anti -Trust Act would render the City liable. And the author of the
Supreme Court opinion indicated that unless cities can demonstrate that there
were counterveiling policies which were sufficiently waiting to overcome a pre-.
gumptionthat any time that there is a limitation of competition then there is
a violation and a further point is. if the City determines, as a matter of policy
or of administrative procedure, that there cannot be two competing activities
within the same time frame, then if that policy is attacked then the burden is on
the City to prove that there was no violation of the Sherman Anti -Trust Act whereas
nth
.28
NOV
81979
generally the burden is on the plaintiff.
And the final point that I will point out to the Commission -as contained in that
memorandum is a statement by a professor Rhodes who is a commentator on anti-trust
matters, 'indicates that competition provides many public benefits, it certainly
ought not to be dispensed with for the same of convenience in order to accommodate
private economic interest and if competition is to be overridden by some other
public value then State and local officials ought to insure that promotion of these
other valuesproduces benefits that outweight the anti -competitive cost.
The center question there before the Commission is whether or not. the Commission
would determine that the market, the City-wide market is not sufficient to support
two competing activities within a similar time frame and that there would be severe
economic harm to be suffered by the City if this competition were to take place.
And again, there is a potential liability of the municipality if our judgment is
not concurred in by a "violation of the Sherman Anti-trust Act" and second, that
there is no legal precedent for having protectories, or buffer zones, or exclusive
contracts, when we are talking about more than one facility that is sought to be
used by competing entities.
Mayor Ferre: Yes, sir, and then Mr. Logan. Your name and address for the record.
Mr. Dan Paul: My name is Dan Paul and I represent Mr. Larry Pearl. I've no
quarrel with what Mr. Knox said the law was think clearly what's being asked
here a buffer zone in all facilities is a clear violation of the anti-trust law and
the City could never sustain the burden Mr. Knox said because last year you had
exactly this situation and the City it's full revenue, it's full income from both
shows. Mr.Logan had a show in Dinner Key and two weeks later Mr. Pearl had a
show in the Marine Stadium and both of the shows were held, there was no problem
whatsoever. We certainly do not have any objection to Mr. Logan's buffer zone in
Dinner Key but certainly it would clearly be anti -competitive and a violation
of the Sherman -Anti-trust laws toget anybody -Mr. Pearl, Mr. Logan or anybody
else- a statement that once they have leased one facility that nobody can lease
any other facility for any kind of similar event. That's what competition is
all about and very clearly if the City did that they would be liable under the
anti-trust laws.
Rev. Gibson: Mr. Mayor, let me express>"myself, everybody knows where I stand.
We went through this last year, it was embarrassing as hell. I don't
I'm prepared to vote. We led this man to believe that. we were going to give him
that protection. I say; that this City spends its money to get all other kinds
of decisions and. it's always sued anyway. When these guys come here and we don't
talk the way they want us to talk they go to court. I say with reason nobody
could, you know...man, I'm not a lawyer, but if you are going to have a similar
thing, two weeks apart, what are you tryingto do? I think that this Commission
ought to forthwith face up, to the reasonableness of the request. Now, I'm ready
to vote, because I spent all that evening arguing this thing and went through
the argument,...we led that man to believe, and the proof of the pudding is the,
letter that you read, Mr. Grimm, which said to Mr. Pearl, look, is that what that
letter said? The proof of the pudding was that we said okay, we were over a bind last
time, we want to serve notice on everybody this time that next year it is not
going to happen that way. I am prepared to vote and I beg this Commission, you
know,..these last 4, 5, 6 weeks we've gone through ought to be memorable to us.
I want to charge this Commission to read that prayer, Mrs. Sommers, if you are
in there you get copies of that prayer and give to every Commissioner. I want
you all to read that prayer and'I want you all to...for God's sake, not for my
sake, have people` come here and stand up and feel like we are going to do what's
right by them not becuase they are the most powerful, not because they have the
best lawyer in the world but because we are human beings as they are, and my
brother, let me tell you this, it's just a matter of time before one day you are
going to be one of those little guys too. And I want to put up some brownie points
in the private jungle that when my day comes that the Lord will say to me, Gibson
you are long coming but you've been faithful at the task, and i just think we
ought to do the right thing.
Mr. Paul: All I want you to do is the legal thing.
Rev. Gibson: I left my lawyer that's why I pay George Knox out of the taxpayers'
money, I let him defend me in court because'I don't think I'm wrong.
Mr. Paul: He just told you that what you are suggesting is illegal.
Rev. Gibson: All right, are you ready for a motion? I move that we keep the
spirit and the letter of the law or the intent that we gave at the last time we
had this hearing, that the man get 60 days before and 60 days after protection..
That's a motion.
.29
mh
NOV 81979
Mr. Logan: Is that all -City Father?
Rev. Gibsbn: That's what we discussed, all -City facilities. All you have to do
is have Mr. Grimm read his letter, what Mr. Grassie wrote. Read the letter, the
Mayor didn't hear it, Mr. Grimm,you read it.
(ASSISTANT CITY MANAGER VINCE GRIMM READ A SECOND TIME THE ABOVE -CITED LETTER
FROM -MR. GRASSIE TO MR. PEARL WITH RESPECT_ TO REQUESTED BOOKING OF DATES)
We have a motion, is there a second to the motion?
Mayor Ferre: All right.
Mr. Lacasa: Second.
Mayor Ferre: All right, under discussion.
Mr. Plummer: Under discussion. Mr. Mayor, I want to be very consistent in my
vote, I will be so again today. I stated before and I will state now. I think
it is absolutely wrong when this City is placed in a posture of tying its hands
where much needed revenue is needed. I voted against this when it came up before
I relunctantly-because. of the hell this man had been through- relunctantlY voted
in the one facility, but to tie our hands and to say that we would deny this City
revenue on all other facilities, I think it's absolutely wrong, I'll make the same
statement that made before, as ludicrous as it might sound, that the day that
this Commission; puts a boundary time or date in distance between funeral homes -
which you can do, then I'll vote for this thing, but competition is competition
Now this man is asking to be protected financially. You know, I made this state-
ment before and I'm going to make it again, these two guys better get together
because they are going to wind up breaking both of them. Now, all I'm saying is
I don't think this City should be denied the source of revenue that possibly
could be generated by this type of situation. I said before and I hope that there
is a third and a fourth show in this community. We supposedly are the boating
capital of the world! And I don't think there is any question, and I don't know
the results but I can imagine because I went to boat shows and both of them were
very successful, and there is no reason why it shouldn't be. The people of this
community are boat oriented, and I would like to see, are we going to tell Miami
Beach you cannot put on a boat show because we want our people here protected?
They'll laugh at us, no more so than we can tell Miami Beach you can't put on a
boat show because we've got one booked in our facility and if you have one two
weeks before or two weeks after you are going to put that one in jeopardy and we
are not going to do as good. I think that's wrong. I only restate for purposes
of today. I voted against it before and I will vote against it today.
All right, Mr. Logan for the last statement.
Mayor Ferre:
Mr. Logan: an you.
.
30
NOV 81979
to 3,000 people through his entire show. Now, let me suggest to you that the
show that I had, people have asked me how successful it was and you cannot measure
the success of the situation by what you might think you see. I can only tell you
that in describing whether or not this City will lose revenue if we have two shows,
last year my show was before Mr. Pearl's, okay? So I got the first shot and I got
a shot at being semi -successful, I had a boycott, I had an energy crisis and other
things but I did very, very poorly compared to other standards. I have tried to
get together with Mr. Pearl, Mr. Pearl is not interested in doing anything with me,
his interested in doing his own thing and that's his right, his freedom. But we
are talking about a situation here where I'm not trying to take revenue away from
the Marine Stadium. Mrs. Gordon I'm not trying to take revenue away from the
City of Miami. As you heard testified here, there were dates that Mr. Pearl asked
for when there was a conflict, so the facility is being booked and if a boat show
didn't go in there something else would go in there. But let me point out, you've
given me a 5-year contract with a 5-year option to renew and if my boat show is
the second boat show this year -for all purposes- and I fail, you've got 8 years
left of my contract that I can't afford to do that, boat show and the City will lose
that revenue. Now, I'm not, asking you to protect me with a monopoly, I'm simply
saying that there should be a fair amount of buffer to where the City can have
a situation at their facility that they can be proud of. You don't want a situa-
tion in your facility that is going to be a failure.I do notknow why Mr. Pearl
cannot do his boat show 60 days after me, or 60 days before. I'm not saying for
him not to do another boat show, I'm simply asking him to respect all of the work
that I went through, to respect the attitude of the Commi;aicn prior to this time
when you were prepared to give me an all -City protect fo,, a limited period of time.
But two weeks within -either before or after- is not •E fair amount of time for a
situation to survive. It pulls the dealers apart tc:= the point where they don't
know what to do. They don't know what show to .o into, they don't know what's
going to happen. It was not successful for b,.tth the shows and I can only submit
to you that I'm asking you simply to give us a protection period so that the show
can be successful and can continue for 10 ',years more.
Mr. Plummer: Mr. Logan, today, do you have the right -if available- to go in two
weeks before his show?
Mr Logan: Do I have the right to?
Mr. Plummer: Yes.
Mr. Logan: I don't want the right.
Mr. Plummer: Answer my question.. Would you do it if the dates were available?
Mr. Logan: No, sir.
Mr. Plummer Why?
Mr. Logan: Financially it would be suicide. It doesn't make sense.
Mr. Plummer: Mr. Logan let me answer the question and make a statement and you
tell me if it's wrong. All right? You have every right today if the dates in
this auditorium are available two weeks before his show, to have your show two
weeks before his. You have every right in the world to do that.
Mr. Logan: I'm sorry, maybe you are not understanding, Mr. Plummer, what I'm
asking is that that right be taken away from everyone.
Mr. Plummer: He doesn't have that right.
Mr. Logan: Yes, wait a second. What I'm asking for is a reasonable amount of
protection for both of, us. I don't think anybody else should be allowed to come
in two weeks before his boat show at Dinner Key in October and have a boat show.
Mr. Plummer: Oh, I do.
Mr. Logan: Well, you may because you are not in the business, sir, okay? Now,
let me explain something to you. I don't think you would appreciate it if some-
body would come up here and sold your chair and gave you a little piece of stick
to sit on because it was more profitable for the City.
Mr. Plummer: That's not the question.
Mr. Logan: It is the question, sir, because in order for you to do a successful...
.31
NOV 819i9
Mr. Plummer: No, 'sir, you are totally...you are r. t even within realm. You know,
if someone today opened up a funeral home, on Flagler street, next door ttot mine,
I wouldn't like it, but they have every right' in the world to do it.
happened here on Douglas Road. There are two funeral homes alongside of each
other. You know what happened? They both went out of business, okay? Now, I
can't come here to this business and say to this City: don't let him open next
door to me, I'm financially going to get ruined? Do you know what they'll do?
They are going to laugh at me: We Commissioners are not here to protect your
financial pocket or his financial pocket. I am what teree Ctoyprotectn do the e what a vepucanes
and when you start placing restrictions
on not do, you are restricting the revenue of this City and I say it's wrong.
Mr. Logan: Is a boat show the only situation that can be done at that time o
the year.
Mr. plummer: If you show me any other place that exists where they have the
right of restriction. What other has it? Mr. Jennings?...
Mr. Logan: In my opinion...
Mr. Plummer: Mr. Jennings? Is there any other facility in the City that has
a show that has a restrictive quality
Mr. Jennings: Commissioner, only at the samehlocation.is In
nown otherbut words,nly athere
enis
protection, l believe in fact for Mr. Pearl for
Grove Exhibition Hall.
Mr. Logan: Let me ask you what question you are trying to pursue. If you fill
right about giving Mr. Pearl a 60-day before and after protection at. Dinner
Key, okay?
Mr. Plummer: I don't..
a 60-day protectionCan
Mr. Logan: Rut he has it, okay? He has it. And I have to rotect? Why...
.
you tell me what the difference is? What are you trying p
you give him that protection in the first place and why
didwhyou
rowe ugive
eito'
me,
if in fact the intent was not to protect, us to the ,p e e we cann havea
are
successful situation? If that is what you are attempting
defeating our purpose by allowing another show to be held a mile down the road
in another City facility.
Mr. Plummer: Mr. Logan, Mr. X-Y-Z walks in here tomorrow and wants; to put on
something boat -related. Based upon what you are saying right now, 240 days out
of the year we cannot rent to Mr. X-Y-Z if it's 'a- boat -related thing.
Mr Logan: That's correct.
Mr. Plummer: That's two thirds. of the year that I have got to deny the revenues
to this City. That's wrong.
Mr. Logan: It's already being done, Mr. Plummer.
Mr. Plummer: I say it's wrong.
Mr. Logan: Well, you may think it's wrong but in order for alsituation
i Beach exist
in your City you have to give them some sort of protection .
have a Miami International Boat Show. That show has an annual exclusivity, twelve
months out of the year.
Mr. Plummer: I say it's wrong, you know you might be willing...
Mayor Ferrel Mr. Logan,now it's after two and I let this thing go on for a little
bit. Are you about....?
Mr. Logan: Unless one of the Commissioners has a question, I'm through, sir.
Mayor Ferre: Let's hear now from'Mr. Paul and let's see if we can bring this
thing to a head.
Mr. Paul: Mr. Mayor, members of the Commission, you went into this at great
length once before and you asked the City Attorney to render
C an
opinion
rs asato the
legality of the matter because it's a very serious matter.re
mh
,32
NOV 81979
individually liable. The City won't be able to pay a judgment in an anti-trust
action and the City Attorney has rendered you such an opinion and told you that
not only -if you are going to give an axclusive- even for a single facility -which
we are not objecting to- that the period has to be reasonable and the City has to
be able to justify it from the City's economic point of view. But what you are
being asked for is an exclusive City-wide which you know, as a matter of fact,
you cannot possibly justify from the point of view of protecting the City because
last year the City got double revenue by permitting both shows to go on within two
weeks from each other in two separate facilities. And if you have any doubt
about that question, particularly in view of the personal liability involved, I
urge you not to vote on it today. Refer it back to the City Attorney and let him,
give you a specific opinion on specifically what's being asked of you today and
then you will be informed as to what your rights are because the real question
here today is whether this is a government of laws or a government of men. And
I'm sure none of you sitting at the Commission table desire to violate the advice
of your own. City Attorney giving to you in an open meeting, particularly in a
matter as serious as a violation of the Federal anti-trust laws for which trouble
damages are recoverable individually against the Commissioners and against the
City of Miami and the Supreme Court of the United States has so held.
Mrs. Gordon: I so move that we defer this to the next Commission meeting.
Mayor Ferre: There is a motion that this item be deferred. Is there a second?
Is there a second?
Mr. Lacasa: Second.
Mayor Ferre: Further discussion, call the roll.
WHEREUPON on motion duly introduced by Commissioner Rose
Gordon and seconded by Commissioner Lacasa THE AFOREMOTION
TO DEFER THIS ITEM was passed on the following vote:
AYES: Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R.
Mayor Maurice A. Ferre*
NOES: Vice Mayor J. L. Plummer,
ABSENT: None.
Gibson*
ON ROLL CALL:
*Mr. Plummer: I vote "no", I know how I'm going to vote.
*Rev. Gibson: I'm going to vote "yes" only because I want to make sure the at-
torneys get their act together. I hope you get the inference. And let me make
this comment...I'll make it after you vote, go ahead.
Mr. Ongie: And Mayor Ferre:
Mayor Ferre: I'd like to vote "yes" and. I'd like to ask the...I know, Mr. Knox,
that this is a very complicated, legal question that has ramifications beyond
the normal expertise of any single attorney because it is very specialized field,
anti-trust field. I would like to encourage you after you've done all the re-
search, I'm sure you could properly do it or you could get the people who were
experts in anti-trust matters to advise you on it, but at the end will you give
us an English conclusion rather than in legalese.
Rev. Gibson: Let me make a comment, Mr. Mayor, this may not be synonymous but
it may have some bearing. The American Football League decides that you can only
have a football team within a certain radius. Isn't that true?
Mr. Plummer: No. Father let me remind you that in California they have the L.A.
Rates are moving 35 miles from where they are presently playing and they are the
ones that they are vacating are doing a lot to try to, entice someone to come over
here. I think that's what....
Rev. Gibson: J.L., the point I make is that it is 35 miles. Do you see what I
mean? I want to make sure and get that across, okay?
•
33
NOV 81979
21. PERSONAL APPEARANCE: W. R. LAZARUS - Extension of Biscayne
National Monument.
Mayor Ferre: We'll recognize you now, Mr. Lazarus.
Mr. W. R. Lazarus: My name is W. R. Lazarus, I live at 1580 Bayroad, Miami
Beach, I'm here representing the Isaac Walton League of America, the Miami
Beach -Anglers Boating Club and the Coalition of Sports and Conservation Organiza-
tion of South Florida. This is a request to the Commission for approval of a
Resolution made by the Dade County Commission dated 10-2-79, Res.6-1253-79. I
don't know how many of you have been here many years but our area is unique to
all the metropolitan areas in America. We are practically surrounded and pro-
tected by environmental and ecological guidelines and laws and protection ex-
cept for one little case and: I'll explain what that is We've been fortunate,
we've had legislators,- governmental officials and also many dedicated citizens
who work hard all through the years to protect our environment and our ecology.
You will see by this map here that is not protected by anything. :`After the"26"
hurricane that I'went'through the South Florida Water Management. Conservation
area was established which protected all of this way down almost to where the
Everglades National Park is now and some years ago the Everglades National Park
was acquired which gave -it further connection, protection...then we were given
the big Cypress Swamp which connected at the water management area and; Everglades
National Park'. A few years ago the Biscayne National Monument -which is a national
park- as it does -not cover the required amount of area to be called a park, that
was acquired and just last year the State of Florida designated the entire Biscayne
Bay as a protected area under the Biscayne Aquifir act. We now have an opprotunity
to plug off the last hole and this Resolution that I will leave with the Com-
mission was approved unanimously by the County Commission. We have been given
assurance that whatever State lands are necessary, will be given to us by the
State of Florida and we've also been given assurance that we'll get as easy, an
approval of this from the Federal Government. I would like to just show you
what we have (AT THIS POINT MR. LAZARUS GOES AWAY FROM THE MICROPHONE AND
ADDRESSES THE CITY COMMISSION WITHOUT THE AID OF THE PUBLIC ADDRESS SYSTEM MICRO-
PHONE BY DESCRIBING, FROM A MAP, THE AREA AND THE ABOVE -DESCRIBED PROJECT)
So what we want to do is extend this piece all the way up to Cape Florida and we
are asking whatever governmental agencies there are in this county to approve the
resolution.
Mayor Ferre: Mr. Lazarus, let me tell you on the record that philosophically
I agree -with what you have exposed here to us. I've got two problems with it.
One is that the City of Miami has absolutely no jurisdiction at all in this area,
it is not within our corporate boundaries nor do we have any impact, you know,
what we -say` doesn't mean anything. But that is not so important because we do
that all the time anyway, we pass resolution to the Federal government and to
Congress and 'so and so, so that's not so much of a problem. The second thing is
I don't know all of the facts, see? And the only way we can get proper informa-
tion ...you know, in this Democratic society of ours we have to have both sides
of every issue if you want to vote intelligently, and you are asking us to take
a posture in something where you are representing one side, I don't know whether
there is another side, I don't think there is because frankly, who can be against
this? That's like motherhood, but I don't know for a fact, you know, I wished
I'm sorry Dan Paul wasn't here because he represents I think the Audobon Society
and perhaps he might give us their viewpoint, I don't know, is there another side
to this issue?
Mr. Lazarus: No, sir, there is no other side.
Mayor Ferre You are sure of that? The people in Stiltsville
Mr. Lazarus: The only...well, Stiltsville
have on that rpoperty.
Mayor Ferre: ARe they affected by this?
Mr. Lazarus: They are affected only when their lease is expired. Then they have
to move, they have already been officially notified, by the State of Florida that
for example,...
:here are certain leases that people
34
i11
6
they have to vacate as soon as that lease is expired, which is a few years from
now. And that's the understanding, that those people will be allowed to be there
until their lease has expired.
Mayor Ferre: Mr. Grimm, what is your recommendation?
Mr. Vince Grimm: Mr. Mayor, would like to point out to the Commission that
there are facts that they probably should find out before they make this decision
as admirable as it might be. As an example, will the purpose behind creating
this as a national park will be to put restrictive uses on it? I'm sure that
there are privately-owned'properties within this park and those people will, be
affected.
Mayor Ferre: Who will be affected?
Mr. Grimm: Privately -owned property within the boundaries of this park who will
be affected. I don't know, as an example, whether commercial fishermen could
still operate, whether lobster fishermen could still operate, spearfishing can't
take place, all of these are elements which are restrictive uses in this park
and you are playing a part in that. And this is an area of about a hundred (100)
square miles, this is not a little, small backyard lot.
Mayor Ferrer Mr. Lazarus, let me ask you a question, have the commercial fisher-
men, the shimpers and the lobster people been given an opportunity to express
their opinion on this?
Mr. Lazarus: The commercial fishermen already have designated areas in the bay
that are protected under the Biscayne, Preservation Act so this has nothing'to
do with commercial fishermen. The only thing that concerns (FINISHES STATEMENT
AWAY FROM THE MIKE). There is no conflict with anybody and nobody objected to it
when this came up before the County Commissioners for the county resolution....
Mayor Ferrer Did the county vote for it?
Mr. Lazarus: Unanimously. Yes, sir.
Mayor Ferrer All right, I have no further questions,`I have no problem. Does
anybody else have any problems, questions?...What's the will of the Commission
on this?
Mr. Plummer: Schedule it for a Regular Agenda. It is a resolution, it's what
you are asking.
Mr. Lazarus: Yes, all we want is a resolution, it doesn't tie the City to any-
thing. The State said that they would appreciate that whoever can....
Mayor Ferrer A1l right, thank you very much,Mr. Lazarus.
Mr. Lazarus: I will leave this with you here.
Mr. Plummer: I make a motion that this be scheduled for a regular agenda..
Mr. Lacasa: Second.
Mayor Ferrer All right, moved and seconded, call the roll.
The following motion was introduced by Commissioner Plummer, who moved its
adoption.
mh
MOTION NO. 79-767
A MOTION OF THE CITY COMMISSION DEFERRING CONSIDERATION OF A
REQUEST FROM THE ISAAC WALTON LEAGUE FOR THE EXTENSION OF THE
BISCAYNE NATIONAL MONUMENT PARK TO A FUTURE COMMISSION MEETING,.
AS A REGULARLY SCHEDULED AGENDA ITEM.
Upon being seconded by Commissioner Lacasa, the motion was passed and
35
NOV 81979
AYES:
NOES: None.
adopted by the following vote:
Commissioner Armando Lacasa
Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson
Vice Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
22. PROCLAMATION presented to Jerrald J. Hochfelson, President
of the "Optimist Club of Miami, Inc." - ("YOUTH APPRECIATION
WEEK7).
MAYOR'MAURICE A. FERRE MAKES THE ABOVE PRESENTATION TO MR. HOCHFELSON in
OBSERVANCE OF A."YOUTH APPRECIATION WEEK" IN THE CITY OF MIAMI.
23. REQUEST PROCLAMATION BE PREPARED TO BE PRESENTED TO
PAT SKUBISH for her efforts 'INTERNATIONAL YEAR OF THE CHILD".
Mr. Plummer: Mr. Mayor, in the same light I would like to ask and urge you that
a similar plaque or proclamation be prepared for Pat Skubish who did a tremendous_
job in the "Year of the Child"....
Mr. Lacasa: Second that.
Mr. Plummer: We made the thing, she brought the Governor down for the show
at the Four Ambassadors and I think we should recognize..specially when it's
one of our own, so I would urge you Mr. Mayor to have that prepared for the
next Commission meeting.
Mayor Ferre: It will be done, I'll write it down right now.
24. APPROVE MIAMI CAPITAL IMPROVEMENT PROGRAM 1979-1985 .
Direct Planning Dept. to revise and update same annually.
Mayor Ferre: We are now on item No. 1, moved by Lacasa, seconded by Plummer,
further discussion, call the roll.
The following Resolution was introduced by Commissioner Lacasa, who
moved its adoption:
RESOLUTION NO. 79-768
A RESOLUTION APPROVING THE MLAMI CAPITAL INPROVEMENT PROGRAM
1979-1985IN PRINCIPLE; AND DIRECTING THE PLANNING DEPART-
MENT TO REVISE AND UPDATE IT ANNUALLY FOR SUBMISSION TO AND L'
36
NOV 8, iiy
APPROVAL BY THE CITY COMMISSION.
f (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 Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Vice Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
25. FIRST AND'SECOND READING ORDINANCE: MAKE APPROPRIATIONS FOR
THE CAPITAL IMPROVEMENTS FOR THE FISCAL YEAR ENDING 9-30-1980,
•
etc.
Mayor Ferre: Item No. 2, moved by Lacasa, seconded by Plummer, further dis-
cussion,' read the ordinance please.
AN ORDINANCE MAKING. APPROPRIATIONS FOR CAPITAL IMPROVEMENTS FOR
THE FISCAL YEAR ENDING SEPTEMBER 30, 1980, CONTINUING PREVIOUSLY
APPROVED CAPITAL IMPROVEMENT PROJECTS AND ESTABLISHING NEW' CAPITAL
IMPROVEMENT PROJECTS TO BEGIN DURING FISCAL YEAR 1970-80; CONTAINING
A REPEALERPROVISION AND A SEVERABILITY CLAUSE; AND DISPENSING WITH
THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF
NOT -LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION.
Was introduced by Commissioner Lacasa and seconded by Commissioner Plummer
for adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing
with the requirement of reading same on two separate days, by a vote of not less
than four -fifths of the members of the Commission -
AYES: Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R.
Vice Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
Gibson
NOES: None.
Whereupon the Commission on motion of Commissioner Lacasa and seconded by
Commissioner Plummer, adopted said ordinance by the following vote -
AYES: Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9019.
The City Attorney read the ordinance into the public record and announced
that copies were available to the members of the City Commission and copies were
available to the public.
NOV 81979
A.. .11111111111111111111111111.111116.
elt
26. DECLARE AND CERTIFY RESULTS OF SPECIAL MUNICIPAL ELECTION
HELD ON NOVEMBER 6, 1979 FOR THE PURPOSE OF VOTING FOR THE
APPROVAL OR DISAPPROVAL OF CHARTER AMENDMENT NO. 3.
Mayor Ferre: All right, Mr. Clerk, would you give us the results on item 24,
please. What was the final count?
Mr. Ongie: On item 24, the charter amendment portion of the election totalled,
including the counting of all Absentee Ballots was 11,537 for the amendment
and 11,369 against the amendment.
The City Commission exchanged comments relating to the close count on the
votes and generally agreed that there were probably two reasons why the votes
"against" were so many:
1. That people generally are voting "anti -everything"; and
2. That because two separate and distinct issues were mentioned on the
same ballot many people took a negative attitude because they didn't
agree with at least one of the two matters involved.
Further, the Commission' agreed that the lesson learned should be that in the
future they should keep issues separate and distinct.
Myor Ferre: Is there a motion on 24? Moved by Commissioner, Plummer and seconded
by Commissioner Lacasa, further discussion, call the roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 79-769
A RESOLUTION DECLARING AND CERTIFYING THE RESULTS OF THE SPECIAL
MUNICIPAL ELECTION HELD ON NOVEMBER 6, 1979 FOR THE PURPOSE OF
VOTING FOR THE APPROVAL OR DISAPPROVAL OF THE FOLLOWING: CHARTER
AMENDMENT NO. 3 WHICH PROPOSED AN AMENDMENT TO SECTION 53 OF THE
CITY CHARTER TO PROVIDE FOR AN INCREASE IN THE CONTRACT PRICE FROM
$1,000 TO $4,500 FOR ANY PUBLIC WORK OR IMPROVEMENT CONTRACT BEFORE
REQUIRING PUBLIC ADVERTISEMENT AND COMPETITIVE BIDDING; FURTHER
PROVIDING FOR THE REQUIREMENT OF PUBLIC ADVERTISEMENT AND OPEN -
COMPETITIVE BIDDING BEFORE THE SALE, CONVEYANCE, OR DISPOSITION
OF ANY. REAL PROPERTY, INCLUDING LEASEHOLD INTEREST THEREIN, OWNED
BY THE CITY OF MIAMI, THE DEPARTMENT OF OFF-STREET PARKING OF THE
CITY OF MIAMI AND THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY
OF MIAMI; SAID ELECTION RESULTING IN THE APPROVAL OF THE SAID
PROPOSED CHARTER AMENDMENT.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Lacasa, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Vice Mayor J. L. Plummer,'Jr.
Mayor Maurice A. Ferre
NOES: None.
38
NOV R 1979
27• CERTIFY RESULTS OF NONPARTISAN ELECTION OF MAYOR
AND THREE COMMISSIONERS.
Mayor Ferre:
motion?
Mrs. Gordon:
Mr. Ongie:
Mr. Plummer:
cinct that I
(READ INTO THE RECORD THE TEXT OF THE RESOLUTION). Is there a
How many absentee ballots were there, Mr. Clerk?
There were a total of 394 absentee ballots.
I'd like to make an observation. Four years ago, the only pre -
lost was. Riverside Elementary, of which I was treasurer. Fortunate-
ly, I can say'to you at this time that there wasn't any precinct that I lost,:
but ironically, the precinct that I did the worst,I did no lose, the precinct
that I did the worst,'I was a graduate of also, Victoria Hospital.
Mrs. Gordon: J.L., does that mean the people who know you
Mayor Ferre: Is there a motion? Moved
discussion, call the roll.
The following resolution was introduced by Commissioner
its adoption:
best? (LAUGHTER)
RESOLUTION NO. 79-770
A RESOLUTION CERTIFYING AND DECLARING THE RESULTS OF THE PRIMARY
ELECTION HELD ON NOVEMBER 6, 1979 FOR THE NOMINATION OF CANDIDATES
FOR THE OFFICE OF MAYOR AND THREE COMMISSIONERS OF THE CITY OF,MIAMI,
FLORIDA.
Lacasa, who moved
(Here follows body of resolution, omitted
in the Office of the .City Clerk).
Upon being seconded by Commissioner Plummer
adopted by the following vote:
AYES: Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Vice Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
here and on file
the resolution was passed and
28. CONFIRM ORDERING RESOLUTION NO. 79-586 - AUTHORIZE CLERK TO
ADVERTISE FOR SEALED BIDS FOR CONSTRUCTION OF: CORAL SANITARY
SEWER IMPROVEMENT SR-5463-C (Centerline sewer).
Mayor Ferre read into the public record the text of the Resolution.
Mayor Ferre: Is there a motion? Moved by Gibson, seconded by Plummer, further
discussion....
Mr. Vince
there are
Grimm: Mr. Mayor, before you call the roll, would you find out if
any objectors in the audience?
Mayor Ferre: I'm sorry..is there anybody here who would like to speak to this?
39
NOV 8 197;
gi
Mr. Frank McGuinnes (a resident of 3664 S.W.'16th Street) appeare4 as an ob-
jector expressing his views that:
1. Implementation of the project representing an economic hardship because o
cost and the hook-up charge to connect to the system;' and
2. Did you see the necessity where there did not seem to be a real "super
Pressing` need."
3. Of value to commercial interests, etc.
Mayor Ferre: Let, me see if I' can answer you, Mr. McGuinnes, let me tell you that
within the next three to four years all of the Ciy of Miami will have been properly
sewered. Everybody has gone through what you are now going to go through. Usually
we have touch larger turn -out of people complaining and upset, and opposed. We
understand that. The problem is,just like we asked our attorney for legal advice,
we've got to ask our engineers and people who are knowledgable in this business
for advice. They say that whereas Dade County is not bad because of the forest
rock and the aquifer to have sewers go, into their water system, because it really
doesn't do that much harm, in the other hand there are other people who say that
it is nevertheless a dangerous thing to do and so, as the intensity of growth
happens in Miami, the sanitary people say we've got to do that, and we are about
finished. The City ofMiamiwill be the first City in Florida that will be 100%
sewered. There are basically 5 areas relatively small areas, and then it will be
about finished. .I'm sorry, you know, I know it hurts and people don't want to
pay it when they don't feel they have to but the People who advise us say that
we've got to sewer the City, so that's part of living in the City of Miami.
Mr. McGuinnes restated to the City Commission his objections but further stated
that he felt he had to.
Mayor Ferre: Is there anybody else who wishes
call the question please.
to speak on this item? All right,
The following resolution was introduced by Commissioner Gibson, who moved
its adoption:
RESOLUTION NO. 79-771
A RESOLUTION CONFIRMING' ORDERING RESOLUTION NO. 79-586 AND
AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR THE
CONSTRUCTION OF CORAL SANITARY SEWER IMPROVEMENT SR-5463-C (center-
line sewer) IN CORAL SANITARY SEWER IMPROVEMENT DISTRICT SR-5463-C
(Centerline sewer).
(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 Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Vice Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
29. CONFIRM ORDERING RESOLUTION NO. 79-585 - AUTHORIZE CITY CLERK
TO ADVERTISE FOR SEALED BIDS FOR THE CONSTRUCTION OF CORAL
SANITARY SEWER IMPROVEMENT SR-5463-S (sideline sewer) IN CORAL
SANITARY SEWER IMPROVEMENT DISTRICT SR-5463-S (sideline sewer).
Mayor Ferre: Item 15. Moved by Commissioner Plummer, Mr. Lacasa seconds, further
discussion. Is there anybody here who wishes to speak on item 15? If not, call
the roll please.
The following resolution was introduced by Commissioner Plummer, who moved
NOV F 1979
its adoption:
RESOLUTION NO. 79-772
A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 79-585 AND
AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR THE
CONSTRUCTION OF CORAL SANITARY SEWER IMPROVEMENT SR-5463-S
(sideline sewer) IN CORAL SANITARY SEWER IMPROVEMENT DISTRICT
SR-5463-S (sideline sewer).
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by. Commissioner Lacasa, the resolution was passed
adopted by the following vote:
AYES: Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Vice Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES:
None.
and
30. CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF N.E. 4 COURT
HIGHWAY IMPROVEMENT H-4360 AND REMOVE ALL PENDING LIENS, etc.
Mayor Ferre:. We are on item 16. Is there anybody here who wishes to speak out
on item 16? Is there a motion? Mr. Plummer moves, Mr. Lacasa seconds
Mr. Plummer: Mr. Mayor, I just want to make
don't know whether you told him or not. Mr.
that the assessment which was placed against
elect, you can take up to 20 years to pay.
(STATEMENT FROM THE BACKGROUND NOT PLACED ON THE PUBLIC RECORD)'
Mr. Plummer: You know,' based on that you can do what you want and I guess the
only consoling factor is that there is no question -on today's market that a house
with sewers is worth a heck of a lot, more money than one without.
Mayor Ferre: All right, thank you very much. Call the roll on item 16.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
sure that Mr. McGuinnes and I
McGuinnes, I hope you are aware
your mother's property, that if
RESOLUTION NO. 79-773
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF
N.E. 4 COURT HIGHWAY IMPROVEMENT H-4360. AND REMOVING ALL
LIENS FOR THIS IMPROVEMENT NOT HEREBY CERTIFIED.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Lacasa, the resolution was passed and
adopted by the following vote:
AYES:
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Vice Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
mh
NOV 81979
31.' COMMISSIONER GORDON'S COMMENTS IN CONNECTION WITH
CHARGES FILED WITH THE SECURITIES AND EXCHANGE COMMISSION
re CITY'S BOND OFFICIAL STATEMENT, etc.
Mayor Ferre: Mrs. Gordon.
Mrs. Gordon: I have some questions I'd like to ask relating to the charges
made relating to the FEC investigation and the bond prospectus.
Mayor Ferre:
also request
Mrs. Gordon:
I'll recognize you for that purpose, Mrs. Gordon, but I, would
out of courtesy, we have a funeral to go to at 3:00....
This will take me about 5 minutes.
Mayor Ferre: Okay, proceed quickly.
Mrs. Gordon: The Administration and you have denied that the charges filed
with the SEC which I raised on September 27 meeting...I want to ask some ques-
tions relating to that because two facts have emerged yesterday from telephone
communications with Mr. Guandolo, our bond attorney in New York, and that is that
the City attached a sticker to the bond official statement. This sticker was
dated November 2nd but was not signed until this Monday. This response by the
City is false if it claims that all the facts were correct and complete as
of October 15, 1979, but the feeling by City Management of a need to respond is
very interesting. The City also has hired a private attorney according to
Mr. Guandolo to handle the SEC investigation of, my charges and he is Cesar Al-
varez,'I believe, of the firm of Greenberg, Traurig, Askew and so on and so on.
Mr. Grassie is not here but, I'd have liked to have asked him what is the terms
of employment and when was he hired and what is the status. Can you answer that
Vince?'
Mr. Vince Grimm: No, Ma'am, if you say that an attorney was hired other than
Mr. Guandolo I'm sure Mr. Knox would have done that, I'm sure he could answer
that question.
Mrs. Gordon: What are the terms of his employment, Mr. Knox, when was he hired;.
and what is the status.
Mr. Knox: This individual was originally hired to assist the City in the valida-
tion proceedings for another bond issue and at the time, it came to our attention
that he was an expert on matters related to the Securities Exchange Commission
and he was recommended, as far as that is concerned, by Mr. Traurig himself in
our conversations with him. Now, the question again is highly technical and
sophisticated and we asked him to do that. Now the terms and conditions of em-
ployment, we've not even discussed that except that he is already working on
behalf "of the City of Miami -on another bond issue and we would presume -not having
reason to expect otherwise- that the hourly rate that he computes based upon the
bond issue would be applied to the assistance that he is rendering in connection
with the SEC...
Mrs. Gordon: George, when did you ask him to become involved in this matter?
Mr. Knox: On the day that I received a call from Mr. Guandolo indicating that.
he had been contaced by the Securities and Exchange Commission.
Mrs. Gordon: Okay then it would seem that if the charges were false as the
City Management asserts the fastest and least expensive method of proof would
be to produce the records which were accurate for last year at the time the
budget was prepared and by the date of the official statement. And also that
the City would produce an accurate fund balance. estimate which existed during
budget finalization and the date of the official statement. Also that the City
would produce ...that the City has won the Gates case, on the Pension, or that
the official statement includes this court's decision of October 9, 1979 as a
liability. Also the City would have to produce proof that the Pension is being
bonded according to local ordinances and not illegally as charged, and so on and
42
•
•
so forth. Therefore, my conclusion is that...to produce facts to back up your
assertion that the official statement is accurate don't spend the taxpayer's
money to stall and confuse by hiring a private attorney which is apparently
what is'being done and you admit that you are going to have to pay him a fee
for the services he is going to deliver in this SEC matter. So wouldn't it be
better and chaper to produce the records that would produce the proof that the
City is correct by not including those material facts which I charged in Sep-
tember. Do you want to answer that Mr. Grimm?
Mr. Grimm: I'll try, Mrs. Gordon, I do not know whether it is possible that
I answer to your satisfaction but I was talking with Mr. Guandolo the other day
about another matter and he volunteered during the conversation that he had re-
ceived the charges that apparently Dr. Barry prepared regarding the recent bond
issue and he stated to me unequivocably that each of those charges would be
answered. He did make an observation, however, that part of the maybe confusion
in the validity of the charges is the fact thatthe bond statement was dated prior
to the date of the charges and the circumstances that existed at that time were
different than the circumstances that existed today, but nevertheless they have
to be answered.
Mrs. Gordon: Is Dr. Barry in the room? May I ask you to respond to Mr. Grimm'
statements, it is necessary for the health and welfare of this community that
these charges be answered accurately and cleared once and for all.
Mayor Ferre: Dr. Barry, Mrs. Gordon cannot recognize you. It must be the chair.
Would you tell me` how long your statement is going to be at this time?
Dr. Marshall Barry: Just a very simple statement to point out...
Mayor Ferre: Just tell me how long your statement will be, Dr. Barry.
Dr. Barry: Just several minutes, sir.
Mayor Ferre: All right, sir, the Chair recognizes you.
Dr. Barry: Basically, that fact is one that can't be proven or disapproved by
documents themselves. Every one of the charges was raised, in that complaint
to the SEC,was raised at the meeting of the 27 of September, or prior to the
publication of the official statement for that bond issue with the exception
of the Gates case issue which wasn't raised until after the Court's decision
on the 9th of October, but itt conclusion, it was raised also prior to the date
on that bond prospectus, so every single charge had been raised or verified or
documented by a court action prior to the date on that official statement. So
the statement by Mr. Guandolo and the City Manager that it was only after the
15 of October that the errors occurred -or ay omissions- andthey will be re-
medied at the time the bonds are issued, is not an accurate one because every
single charge was raised prior to the issuance of the official statement and
existed prior to it.
Mrs. Gordon: Yes, because I have a copy of the official statement which was
attached and it does say in here that. the City asserts: that as of this date,
October 15, 1979,"the official statement does not omit or mis-state any mate-
rial facts and reaffirms its obligation to provide a certification of the City
Manager and the Director of Finance in conformance with the requirements there-
of under the heading "Closing Certificate" on page 36 of the attached official
statement" and this was stated on the 2nd of November, as I stated, actual-
ly it wasn't until this Monday, and also this is signed by Maurice A. Ferre,
as Mayor; Joseph R. Grassie, as City Manager and George Knox, as City Attorney,
James E. Gunderson, Director of Finance and Ralph G. Ongie as City Clerk. And
it appears to me -not being an attorney but just looking at the facts before
me- that this was a re -affirmation of what was originally a gross error of a
deletion of a material fact.
NOV 8 1979
J
32t CHANGE OF DATE OF CITY COMMISSION MEETING PREVIOUSLY
SCHEDULED FOR NOVEMBER 20, 1979 TO TAKE PLACE ON Nov. 26, 1979.
Mayor Ferre: All right, Mr. Lacasa.
Mr. Lacasa: I have a problem, Mr.Mayor, with the hearing scheduled for
November 20, 1979 and I would like to see if it can be changed for November
26.
MAYOR FERRE, AFTER CHECKING INDIVIDUALLY WITH THE MEMBERS OF THE CITY COM-
MISSION, AGRRED THAT THE PROPOSED NEW DATE OF NOVEMBER 26,1979 WOULD BE
ALL RIGHT WITH EVERYBODY.
Mayor Ferre:` All right, moved by Lacasa, seconded by Plummer, call the roll.
The following motion was introduced by Commissioner Lacasa, who moved its
adoption.
MOTION NO. 79-774
A MOTION OF THE CITY COMMISSION CHANGING THE SECOND REGULAR COM-
MISSION MEETING IN THE MONTR OF NOVEMBER AS WELL AS THE PLANNING
AND ZONING MEETING BOTH PREVIOUSLY SCHEDULED FOR NOVEMBER 20, 1979
TO TAKE PLACE ON MONDAY, NOVEMBER 26, 1979.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Armando Lacasa
Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson
Vice Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ADJOURNMENT
There being no further business to come before the City Commission,
on motion duly made and seconded, the meeting was adjourned at 2:50 P.M.
ATTEST: RALPH G. ONGIE
City Clerk
MATTY HIRAI
Assistant City Clerk
MAURICE A. FERRE
Mayor
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NOV 111979
ITEM NO.
10
11
DOCUMENT
MEETING DATE:
INDEX November 8, 1979
DOCUMENT IDENTIFICATION
COMMISSION AGENDA
AND CITY CLERK REPORT
RATIFYING THE ACTIONS TAKEN BY THE CITY MANA-
GER IN ACCEPTING A GRANT AWARD FROM THE
FLORIDA DEPARTMENT OF HEALTH AND REHABILITA-
TIVE SERVICES FOR RECREATION PROGRAMS FOR THE
MENTALLY RETARDED
CONFIRMING AND RATIFYING THE ACTION OF THE
CITY MANAGER IN APPROVING WORK RECOMMENDED BY
THE CONSTRUCTION MANAGER AND ARCHITECT THROUGH
THE PROJECT DIRECTOR FOR THE CITY OF MIAMI/
UNIVERSITY OF MIAMI JAMES`E. KNIGHT INTERNA
TIONAL CENTER
ALLOCATING $48,000 OF COMMUNITY DEVELOPMENT
BLOCK GRANT (FIFTH YEAR) FUNDS PREVIOUSLY
APPROPRIATED BY ORDINANCE NO. 8943 ADOPTED
JUNE 4, 1979
AUTHORIZING THE CITY MANAGER TO PURCHASE
IN LIEU OF CONDEMNATION TWO PARCELS OF LAND
BEING 134 SOUTHEAST 2ND STREET, PARCEL "B",
AND 126 SOUTHEAST 2ND STREET, PARCEL "A"
FOR THE SUM OF $1,501,000.00
AUTHORIZING THE CITY MANAGER TO PURCHASE IN
LIEU OF CONDEMNATION TWO PARCELS OF LAND
LOCATED AT 2200 N.W. 7 AVENUE, MIAMI
AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT
FROM THE U.S. - DEPARTMENT OF INTERIOR, < HERI-
TAGE CONSERVATION AND RECREATION SERVICE
ACCEPTING THE BID OF SUPERIOR ENGINEERING
SALES INC FOR FURNISHING ONE 20,000 gpm
STORM SEWER PUMP FOR, THE DEPARTMENT OF PUBLIC
WORKS AT A TOTAL COST OF $21,890.00
ACCEPTING THE BIDS OF VWR SCIENTIFIC AT A
COST OF $14,121.50 AND HOPE INDUSTRIES, INC
AT A COST OF $6,622.00 FOR FURNISHING PHOTO
LAB EQUIPMENT FOR THE DEPARTMENT OF FIRE AT
A TOTAL COST OF,$20,743,50
ACCEPTING THE BID OF WEATHERTROL, CORP. FOR
FURNISHING AIR CONDITIONING MAINTENANCE AT
THE MIAMI POLICE DEPARTMENT
ACCEPTING THE BID OF DIETCRAFT,-INC. FOR
FURNISHING THE FOOD PROGRAM AT THE DAY CARE
CENTER ON A CONTRACT BASIS FOR ONE YEAR FOR
THE DEPARTMENT OF LEISURE SERVICES AT A TOTAL
COST OF $37,250.00 ALLOCATING FUNDS FROM
U.S.D.A. GRANT FUND
COMMISSION RETRIEVAL
ACTION CODE _N0. __-
R-79-753
R-79-754
R-79-755
0031.
79-750
79-751
79-752
79-753
79-754
79-755
79-756
79-757.
79-758
•
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.T04 NO.
12
13
CUMENTIN DEX
CONTINUED
DOCUMENT IDENTIFICATION
CDh . II SS I ON
ACTION
RETRIEVAL
CODE NO.
ACCEPTING THE BID OF FRANT J. MORAN, INC.
ACCEPTING THE COMPLETED WORK PERFORMED
BY M.R. HARRISON CONSTRUCTION CORPORATION AT
A TOTAL COST OF $3,473,000.00
14 ACCEPTING THE COMPLETED WORK PERFORMED BY
JUELLE BROTHERS, INC AT A TOTAL COST OF
$27,350.00
15 AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED CONTRACT BETWEEN THE CITY OF MIAMI
AND THE COUNSELING AND STRESS CONTROL CENTER
16 AUTHORIZING THE CITY CLERK TO PUBLISH A
NOTICE OF PUBLIC HEARING FOR OBJECTIONS TO
THE ACCEPTANCE BY THE CITY COMMISSION OF
THE COMPLETED CONSTRUCTION OF CITY WIDE
SANITARY SEWER EXTENSIONS IMPROVEMENT SR-
5448-C
17 CREATING A SPECIAL COMMITTEE KNOWN AS THE
ELECTIONS REVIEW COMMITTEE TO MAKE FINDINGS
AND RECOMMENDATIONS REGARDING THE QUESTION
OF CONFLICTS OF INTEREST IN EXISTING ELEC-
TION LAWS.
18 APPROVING THE MIAMI CAPITAL IMPROVEMENT PRO.
GRAM 1979-1985 IN PRINCIPLE.
19 DECLARING AND CERTIFYING THE RESULTS OF
THE SPECIAL MUNICIPAL' ELECTION HELD ON
NOVEMBER 6, 1979
20 CERTIFYING AND DECLARING THE RESULTS OF THE
PRIMARY ELECTION HELD ON NOVEMBER 6, 1979
FOR THE NOMINATION OF CANDIDATES FOR THE
OFFICE OF MAYOR AND THREE COMMISSIONERS OF
THE CITY OF MIAMI
21 CONFIRMING ORDERING RESOLUTION NO. 79-586
22 CONFIRMING ORDERING RESOLUTION NO. 79-585
23 CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION
OF_N.E. 4 COURT HIGHWAY IMPROVEMENT H-4360
R-79-760,
R-79-761
R-79-762
R-79-763
R-79-764
R-79-765
R-79-768
R-79-769
R-79-770
R-79-771
R-79-772
R-79-773
79-760
79-761
79-762
79-763
79-764
79-765
79-768
79-769
79-770
79-771
79-772
79-773