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HomeMy WebLinkAboutCC 1979-10-31 MinutesCI .I SSI .' ' itiT F Taa (REGULAR) OCTOBER 31, 1979 StEJECT IIRDINANCE O S°UITIOONo, PAGE NO, 3 �4 10 11 12 13 14 15 16 17 18 19 20 20.1 DISCUSSION: POSSIBLE HOSTING OF 1982 NATIONAL INSTITUTEOF MUNICIPAL LAW OFFICERS (NIMLO) PROPOSED ORDINANCE: PROHIBITING CERTAIN IMPROPER FINANCIAL BENEFITS CITY FUNDING FOR DOWNTOWN PEOPLE MOVER SYSTEM PENSION BOARD LITIGATION FEDERAL REVENUE SHARING DISCUSSION EMERGENCY ORDINANCE: DEFINE & DESIGNATE TERRITORIAL LIMITS OF THE DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAMI ESTABLISH NEW TRUST AND AGENCY FUND: "MIAMI CONFERENCE ON THE CARIBBEAN" ESTABLISH NEW TRUST AND AGENCY FUND: "PENSION FOR FISCAL YEAR 1979-1980 SECOND READING ORDINANCE: INCREASE FEE FOR TAKING OF FINGERPRINTS. FIRST READING ORDINANCE: CREATE DEPARTMENT OF TRADE AND COMMERCE DEVELOPMENT DEFERRAL OF CONSIDERATION TO ABOLISH DEPARTMENT OF TOURISM PROMOTION. AUTHORIZE PAYMENT FOR LEGAL SERVICES: JOSEPH COOK VS CITY OF MIAMI ,_ET. `AL. CIVIL ACTION #78-3225 ACCEPT BID: AVANT °CONSTRUCTION CO. INC. SOLID WASTE FACILITY AUTHORIZE AGREEMENT: EVELIO LEY AND ASSOCIATES, INC. "MIAMI CONFERENCE ON THE CARIBBEAN" PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS. REVOKE CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY #C-421 OPEN SEALED BIDS:ENGLEWOOD SANITARY SEWER IMPROVEMENT SR-5461-C 6 S ORDINANCE DEFINING "CONFLICT OF INTEREST" FIRST READING ORDINANCE: AMEND SECTION 2-103 OF THE CODE: ACCEPTING GIFTS ETC. FROM PERSONS CONTRACTING WITH THE CITY. CONSENT AGENDA: ACCEPT BID: J & G ASSOCIATES, INC.-COMPUTER OFFICE RENOVATIONS DISCUSSION DISCUSSION DISCUSSION DISCUSSION DISCUSSION ORD. 9010 ORD. 9011 ORD. 9012 ORD. 9013 FIRST READING DISCUSSION R-79-734 R-79-735 R-79-736 DISCUSSION R-79-737 R-79=738 FIRST' READING FIRST READING R-79-739 1-2 2-11 11-14 11-14 14-15 15-17 17-18 18-20 20-23 23-24 24-28 28-29 29 29-30 30-32 32- 33-34 34-35 35-37 37-40 41 cif (REGULAR) OCTOBER 31. 1979 PAGE #2 ITEM NO, SIBCT RESOW ioN°NO, PAGE NO, 20.2 20.3 21 22 23 24 25 26 27 28 AUTHORIZING INCREASE IN THE SCOPE OF THE CONTRACT FOR THE EDISON LITTLE RIVER COMMERCIAL CENTER C.D. BEAUTIFICATION -PHASE I, NOT TO EXCEED $6,500. ACCEPTING COMPLETED WORK: P.N.M. CORPORATION -COCONUT GROVE BUSINESS AREA HIGHWAY IMPROVEMENT (2ND BIDDING) BID "C" (DRAINAGE). ACCEPT BID: DINNER KEY SOUTH MOORING AREA ALLOCATE $10,000 C.D. FUNDS-5TH YEAR ALLAPATTAH COMMUNITY ACTION, INC. (ELDERLY SERVICES). APPROVE PREMIUM FUNDING PROPOSAL FULL' SYSTEM DOWNTOWN PEOPLE MOVER. URGE NATIONAL INSTITUTE OF MUNICIPAL LAW OFFICERS (NIMLO) TO HOLD THEIR CONFERENCE IN MIAMI IN 1982 URGE FAVORABLE CONSIDERATION; BY PLANNING ADVISORY BOARD: FAMILY DAY CARE CENTERS IN RESIDENTIAL UNITS. PRESENTATION TO MR. ISIDORO RODRIGUEZ BRIEF APPEARANCE: WALTER MARKS: RE PENSION APPOINT EDMUND HENRY TO LIBRARY ADVISORY BOARD R-79-740 R-79-741 R-79-742 R-79-743 R-79-744 R-79-745 R-79-746 PRESENTATION DISCUSSION M-79-747 41 41 42 43 44-45 45-46 47 48 49 49 MINUTES OF REGULAR MEETING OF THE CITY COMMISSIO.J OF MIAMI, FLORIDA *******'°* On the 31st day of October, 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 9:10 O'Clock A.M. by Mayor Maurice A. Ferre with the following members of the Commission found to be present; ALSO PRESENT: An present Commissioner Rose Gordon Commissioner Armando'Lacasa Commissioner (Rev.) Theodore Gibson ViceMayor J. L. Plummer, Jr. Mayor Maurice A. Ferre 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 invocation was delivered by Reverend Gibson who then in a pledge of allegiance to the flag. led those A motion to waive the reading of the minutes was introduced seconded and was passed unanimously. and 1. DISCUSSION: POSSIBLE HOSTING OF 1982 NATIONAL INSTITUTE OF MUNICIPAL LAW OFFICERS (NIMLO) Mayor Ferre: Mr. Knox, I believe Item "A" is yours. Mr. Knox: Yes, sir. Item "A" is a response or a proposed response to a request which was made by the Board of Trustees through the Executive Director of the National Institute of Municipal Laws which is the national organization for City Attorneys. We have been active in the organization for the last five or six years and each of those years we have been asked when are we going to have a convention in Miami. The first available date is in October or November of 1982 and I understand that the Conference and Convention Center will have been completed by that time and I'm seeking your authorization to make a presentation at it's annual meeting on November llth thru 14th on behalf of the City of Miami. Rev. Gibson: That's reasonable. go wrong. Mayor Ferre: How much is that going to cost us? Mr. Knox:- Well, there is one caveat, we'are responsible for making certain guarantees. Last years' convention was hosted by the City of Chicago and they were out of pocket about fifteen thousand dollars. We have asked for no more than twenty-five thousand dollars, but to the extent that we can get hotel gratuities and other kinds of guarantees from the hotel. We may not need to spend... (BACKGROUND COMMENT OFF THE PUBLIC' RECORD) And this would be the first convention. Mr. Plummer: No, it would not be. Mayor Ferre: Mr. Plummer moves. Mr. Plummer: Move what? To run them out of town't Mr. Knox: No, we would coordinate the date so that it would not conflict at all with the Florida League Cities Convention. Mr. Plummer: Which is already booked. Mr. Knox: Yes, sir. Mr. Plummer: I move it. Mr. Lacasa: Second. Mayor Ferre: Plummer moves, Lacasa seconds... Any discussion on that. Alright, call the roll. THEREUPON THE FOREGOING MOTION was designated MOTION NO. 79-730 was introduced by Commissioner Plummer and seconded by Commissioner Lacasa was passed and adopted by the following Vote: AYES: Mrs. Gordon, Rev. Gibson, Mr. Lacasa, Vice -Mayor Plummer and Mayor Ferre. NOES: None. ABSENT: None. Mayor Ferre: Alright, discussion of City funding for a completed Downtown People Mover System. Mr. Grassie: Mr. Mayor and members of the City Commission, we anticipate that John Dyer will be joining us shortly. If you wish we can introduce the subject of funding for the complete Downtown People Mover System and particularly the City's anticipated contribution to that as we wait for Mr. Dyer. Mayor Ferre: Ok. 2. PROPOSED ORDINANCE: PROHIBITING CERTAIN IMPROPER FINANCIAL BENEFITS Mayor Ferre: The next item is an item which I am proposing which is Item "C" and I am requesting that the City Attorney prepare an ordinance who's main thrust would be the changing of the Conflict of Interest Laws to provide for the following Sections, Sections 2-102 of the Code... Mrs. Gordon: Can we have a copy of the ordinances, I don't have a copy. Mayor Ferre: Yes, I'm having it copied and... this is just under discussion. Transacting business with the City and the proposal is to change the following Sections 2-102... Mrs. Gordon: Would you wait until we get our copies? George, does this include the one on campaign contibutions too? Mr. Knox: There is a second one relating to... Mrs. Gordon: Will, we have them both before us at the same time? Mayor Ferre: You can do your thing after I have done mine, Rose. Mrs. Gordon: Your thing, my thing, it's the same thing, we are closing loop holes. gl �. 2 OCT 1979 Mayor Ferre: I totally disagree with that and we will get to that discussion in a moment. Mrs. Gordon: I know you do because it affects you personally. Mayor Ferre: It doesn't affect me to the tune of L:o hundred thousand dollars, Mrs. Gordon. Mrs. Gordon: No, I'm sure it doesn't and nor does it affects me. I don't have a penny out of anything. Mayor Ferre: I'm sorry, your son, excuse me. Mrs. Gordon: My son doesn't either. His firm may have received gross commissions of which he received a portion, but on the other hand you have. received thousands of dollars in campaign contributions directly affected from people who have been affected by rulings you have ruled on. So if you want to close loop holes don't do it on the Watson Island deal. Mayor Ferre: Alright, I still have the... I'm still discussing this and I will recognize you as soon as I finish. The Section that I'm referring to is on page three and it would be Section 2-102 "A" Subsection 2. The word "person"appearing in Sections 2-102... Mr. Plummer: What is all of this paper? Excuse me, Mr. Mayor, but they are throwing papers at me faster than I can even... Mayor Ferre Well, what is this? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: The what? UNIDENTIFIED SPEAKER This is what you are discussing right now. Mr. Plummer: What the hell is all of this? Mayor Ferre: No, no, this is the same thing... UNIDENTIFIED SPEAKER: You wanted copies. Mayor Ferre: It's already been passed out. The word "person appearing in Section 2-... Rev. Gibson: Mr. Mayor? Mayor Ferre: Yes? Rev. Gibson: I have the two. Mr. Plummer: Well, what's the difference between this one and this one? Mayor Ferre: There is none. Mr. Plummer: Ok. Mayor Ferre: There is just an extra copy. Mr. Plummer: I'm sorry, Maurice, but I can only shuffle so many papers at a time. Mayor Ferre: No, there is no difference, it's just that two different attorneys passed... Mrs. Gordon Which... Will the attorney please come here and tell me which is. which on these things because we have just been handed the same thing.` Mayor Ferre: They are both the same. Rev. Gibson: Both of them are the same. Mayor Ferre: They are both identical. OCT _ 1979 They are both identical? Mayor Ferre: Photostatic copies, one of the other. On page three the following words are inserted. The word "person" appearing in Section 2-102A, "Hereof shall include officers, officials and employee as set forth in Section 2-101 hereof and that the following family members of-sut: persons, spouse, son, daughter, parent, brother or sister:b Three, "The prohibition upon activity which is set forth in Section 2-102A-I and 2 hereof shall remain in effect for a period of two years after the officer, official or employee has left City services or terminated City employment." I think the matter speaks for itself. Mrs. Gordon: Can I ask a question? Does this cover your son-in-law's employment by Peat, Marwick and Mitchell at two hundred dollars a week for a three month period? Will this be prohibited in the future? Will you let the loop hole be closed? Is there any other discussion? Mrs. Gordon: You don't want to answer the question? Why Maurice?, Mayor Ferre: Mts.. Gordon, obviously this talks' to City employees such as yourself.. It doesn't talk... We are not talking about anything else but the fact that - people who are--- who have a trust with the City or employed by the City should not be benefiting financially personally. Now, you are asking me about my son-in-law... Mrs. Gordon: Right. Mayor,Ferre: who on his own became an apprentice to become a CPA at a firm called Peat, Marwick and Mitchell and where he worked for a period of time from January 1st to March lst, that does not begin to compare either in principal or in magnitude with the commissions earned by your son which are over two hundred thousand dollars. Mrs. Gordon: That's a lie Maurice and I put that on the stated a lie. Mayor Ferre: Alright, I don't really want to get into a big.. Mrs. Gordon: You have stated a lie and if have some other problems: Mayor Ferre: Alright, just for the purposes of moving' this pass the gavel to Mr. Plummer and I+so move this motion. Mr. Lacasa: Second. Mrs. Gordon: I wish to make an amendment to this which would also include that Commissioners shall not be permitted as to the second amendment to the Conflict of Interest Ordinance which has just been handed to you. I would like to ask the attorney can these two ordinances be combined into one corrective measure of the Conflict of Interest Ordinance so that Maurice Ferre can no longer accept big bucks of a thousand dollars from people who have done business with the City such as Spencer Meredith, Grove Key Marina which gave a thousand dollars in 1977, and on May 19, 1978 Ferre voted for concession agreement with the firm. January 19, 1979 he voted for a mandatory agreement with them. He has been a vigorous defender of the Grove Key agreement and of this company in Commission Meetings and in the press. There is six pages here of campaign contributions which you have received which you do not want to address yourself to. It would seem to me honorable on your part if you would return these campaign contributions to those persons for whom you have favored. And are you willing to include this into the Conflict of Interest amendment or not? Mayor Ferre: My motion speaks for itself and it stands. Mrs. Gordon: Therefore, just as the Watson Island agreement was excluded from the protection on the waterfront, you therefore are also excluding the matters which affect you personally from which you have benefited personally and you are just making a grandstand play to make people think you are interested in avoiding Conflict of Interest when you are very much uninterested in anything 1r: that fc-you personally, financially and otherwi. Let the records so' reflect the Mayor's interest is simply to make a grandstand play. Mayor Ferrer Mrs. Gordon, thank God this will be the last opportunity you will have to rant on and rave with your things. Mrs._ Gordon: You are wrong, Maurice. Mayor Terre: Alright, Mr. Chairman, I' call the question. Mrs. Gordon: Because you won't be here. Mr. Plummer: The question is called. Call the question. Mrs. Gordon: Somebody read the motion. Mr. Ongie: An ordinance. Mr. Knox: Alright, now, Commissioner... Mrs. Gordon: There is nothing on the agenda at this time which calls for an ordinance. Mayor Ferre: This is a motion that this matter be prepared and we will vote upon it this... Mr. Knox: Yes, sir, it appears it's Item 15 on the agenda. Mayor Ferre: And this is Item 15? Mr. Knox: Yes, sir. Mayor Ferre: Well, then I call up Item 15. Well, I will tell you, do it in the form of a motion. We will do it properly. Mrs. Gordon: The ordinance which will be amended later on when it's voted on reads as follows and the intent of it is that private interest should be eliminated from public affairs in such manner and to such extent that even the appears of wrong doing is avoided. Mr. Mayor, why are you afraid to include the prohibition on collecting campaign contributions when this clearly says that it should be... an appearance of wrong doing should be avoided. Mayor Ferre: Mr. Chairman I called the question and you are not following the procedures. Mr. Plummer: The question has been called, no further discussion except the rereading of the motion. That is in order. Mr. Clerk, reread the motion. Mr. Ongie: It would be a motion directing the City Attorney to prepare a necessary 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 and to include the family members of City officers, officials and employees to whom we prohibition against contractual or business dealings is applicable as well as a prohibition against appears and representation of third parties before the City Commission, further extending the said prohibition upon such activity for a period of two years after the officer, official or employee has left the City service or terminated City employment, containing a severability provision. Mr. Plummer: Call the roll. Mrs. Gordon: Would explain... Mr. Plummer: Wait a minute, the question has been called Mrs. Gordon, I'm sorry. Mrs. Gordon: I can't get... I need an explanation. Mr. Plummer: It's... under Plummer Rules of Order the question has been called1there is no further discussion, is that correct? Mrs. Gordon: The motion is not clear, I'm sorry Mr. Plummer. Mr. Plummer: Excuse me. gl OCT ' 1979 Mr. Knox: If she need some guidance in order to vote.. Mr. Plummer: You need guidance? Mrs. Gordon: You boys play such cute games. Woul., ..^u explain how this would affect or not affect your daughter's husband employmen►..by Peat, Marwick and Mitchell? Mayor Ferre: My daughter's husband is not an employee or affected by any of this at this time. In the first place he is not an employee of Peat, Marwick and Mitchell. Mrs. Gordon: Ok, now, how would this affect or not affect what you are aiming it at is my son being a stockbroker in a firm that has been doing business with one of the money managers. Please, explain to me because it is not clear to me how this would be affecting that situation if it so exist. Mayor Ferre: Mrs. Gordon, the reason why I brought this matter up at this time is that should it occur that you are not a member of the Commission, I think it would be, proper for you to have been covered. If we don'tdo it today and should you not be here beyond today, then under the law we could not make it retroactive and I think it's fair that you also be included on this. Mrs Gordon I don't understand what you are talking about. Are you saying Is that what you are directing this if I hold up here before the. Commission? to? Mayor Ferre: No, no. No, no, I... anybody... Mrs. Gordon: So you are not making it clear and I need it clearly defined to exactly what we are doing. I don't need to vote on something, that`I would have no clear definition. Mayor Ferre: Mr. Chairman, I think that obviously that Mrs. Gordon is trying to make a play for time so that the camera is properly set up and you know that this is not a valid sense of questioning based on clarity of the amendment to the motion to prepare the ordinance' is very clear. Mrs. Gordon: Will you please explain to me Mr. Knox, the exact what this ordinance Ferre is trying to accomplish and I would like to understand it because would like to vote affirmatively with it, but I want to know what it is I'm going to be voting on. Mr. Plummer: Mr. Knox, if you can answer. Mr. Knox: Yes. The proposed ordinance Mrs. Gordon, is a designed... the proposed ordinance was an attempt to follow a procedure which has been established most recently in the Federal Government where when individual employees or officials leave the service of the Federal Government with what maybe construed as inside knowledge or special knowledge about the operational government and then go to work for private enterprise or private industry and appear on behalf of those industries or enterprises before the Federal Government. The Administration by executive order and as been implemented by the Congress designed a prohibition against those persons who have been in government service from appearing before the agencies that they formally worked for, for a period of two years and they extended that prohibition to members of the immediate family which are defined as spouses and off -spring, sisters and brothers. Mrs. Gordon: Ok, well, I understand that. In other words, when I... if I were not here or if Maurice Ferre were not here, he could not appear before this Commission or any who? Mr. Knox: He cannot appear before this Commission on behalf of someone who was interested in obtaining favorable legislation on their own behalf. Mrs. Gordon: Ok, in other words, that's all you are applying to? Mr. Knox: Yes, Ma'am. OCT 31 1979 Mrs. Gordon: Well, why don't you broaden it then? Mr. Knox: Broaden it in which respect, Ma'am? Mrs. Gordon: Well, anyway that you possibly can broaden it because if you are trying to... Mayor Ferre: She is not asking a claritory question at this point Mr. Chair+'" , she is going beyond that. Mrs. Gordon: No, I'm getting a clarifying explanation of what you are up to. Mayor Ferre: Mr. Chairman, she is trying to change and I will recognize her... Mrs. Gordon: No, I am only understanding what I'm going to be voting on. Now, what I'm going to be voting on is simply a matter of anyone who is no longer a member of this Commission for a two year period cannot appear before this Commission and that is what Mr. Knox has simply said. And if it is other than that let me know it now. Mayor Ferre: Mr. Knox? Mr. Plummer: Alright, any further clarification? Mayor Ferre: Yes, yes it is other than that. What it means is that... Mrs. Gordon: And members of the family or does it extend beyond the family, does it go to attorneys who represent persons on this Commission like for instance the attorneys that represent Maurice Ferre, the Burton Landy firm who have represented him on, I think, on your bankrupcy cases and I think on other cases. So what I need to know is how far is this going to extend. In other words, if you are not going to come before this Commission when you are no longer the Mayor, will you be able to send your attorneys here to represent you in getting favorable advices. Mr. Plummer: Alright, the Chair will rule that this is a requestto.send it to the City Attorney to formulate such a ordinance and that any further clarification that is needed any Commissioner will have ample time to get that clarification prior to the ordinance itself being presented to the Commission, that will close debate at this time and ask for the roll call. Mrs. Gordon: Fine, and Mr. Knox can I then, include an amendment to this which would include the campaign contributions? Mayor Ferre: That's not clarification. Mr. Plummer: Mrs. Gordon, as you are well aware a substitute motion at any tine can be offered. Mrs. Gordon: Ok, I offer a substitute motion. Mayor Ferre: Except when you call the question Mr. Chairman. Mr. Plummer: The question has been called. Now, you can offer a motion afterwards. Mrs. Gordon: Ok. Mr. Plummer: Alright, Mr. Clerk, call the roll without further ado. ON ROLL CALL: Mayor Ferre: In voting let me explain that on the twenty second of May we put out something called citizens participation guidelines and here is what that says. On Page six "Nepotism", "A board member who has a member of his or her immediate family who will benefit financially either directly or indirectly as a result action before the board will make known that relationship and will refrain from voting or otherwise, participating in such action". And then it defines the members of the immediate family who are to be included. "Willful violation of these guidelines will constitute malfeasance and maybe grounds for recall. Now, if we are going out and requesting citizens to follow guidelines on nepotism, how can this Commission not do the same thing at this level and therefore, I vote "yes". gl Mrs. Gordon: 'Mayor is so ridiculous in his statements because in every cases whIra,ve'r he is personally affected by a conflict of interest, he tries'to turn the tables around and make it look like some itinelseg nis doing g sotethimself g when'somebody else benefiting zero and he is and his family. So the halo he is trying tc wear around his head has fallen around his ankle into a chain, I think. Because T thinkd fhat a what has iappenld edr Maurice, is that you have indicated your total disreb and what should be in our ordinances and in order to protect recently-and tce he public from the kinds of actions which have been taken by yourself very Y in the past and I vote with the amendment: Mr. Plummer: I don't think that chain went all the way to his ankles, Rose. Mrs. Gordon: Well, it may have gone around his neck, but it's somewhere around him, but it is not his head. Mr. Plummer: You know, Mt. City Attorney, I just... now that everybody has had their chance, I realize this is probably a ridiculous question, but a thing like this can be very far reaching. Ok, I will ask you in the interim. Ok, I vote, of course, "yes". THEREUPON THE FOREGOING MOTION was designated MOTION NO. 79-73 was introduced by Commissioner Ferre and seconded by Commissioner Lacasa was passed and adopted by the following vote: AYES: Mrs. Gordon, Rev. Gibson, Mr. Lacasa, Vice -Mayor Plummer and Mayor Ferre. NOES: None. ABSENT: None. (LATER FORMALIZED AS FIRST READING ORDINANCE) Mrs. Gordon: Mr. Knox, I would like to ask you when you are drafting this atnendment that you include the possibilities of attorneys who are representing those same persons in private endeavors also be prohibited because you know, Father Gibson always used to say'what you can't do through the front door don't do it through the back door"and Maurice has a habit for doing things through the back door. So I ask you to include that attorney protective clause in there as well as family members. Mayor Ferre: That wasn't part of the motion. Mrs. Gordon: Well, I'm asking it to be in there. Again, Maurice, you know, if you want to wear a halo you better be able to swallow the kinds of restrictions that you want to have inserted into the ordinance, because otherwise you can't wear a halo. Mayor Ferre: Alright, Mr. Plummer will you recognize me for the purposes o a second motion. You have before you an ordinance amending Section 2-103 of the accepting gifts and so on and I have no problems with that motion and I would like to move the following--- the insertion of the following additional clauses;"No candidate for nomination or election to the City Commission shall solicit or accept anything of value to the recipient, including a gift, loan, reward, promise of future employment favor of service that would cause a reasonably prudent person to be influenced in the discharge of official duties. And two, that is based upon any understanding that the vote official action or judgement of the candidate would be influenced thereof and I so move. Mrs. Gordon: Alright, is that the... Mr. Plummer Alright, wait a minute Rote there a second? Mrs. Gordon: I will second it. I will aecoo& it, but I need to ask a question. Mr. Plummer: Alright, now discussion. Alright, now discussion. Mrs. Gordon: Mr. Knox, is this the wording that I asked you to put in? Ia gl i` 8. OCT 311979 this tie protection that I ask that we have for the City of Miami? I'm very glad that Maurice has finally seen the light, but I am hoping he will give back the contributions that he has already accepted. Mayor Ferre: I intend to live completely to the law Mrs. Gordon. Mrs. Gordon: Well, I hope we can make it retroactive to the beginning of the mayoral campaign. Mayor Ferre: You want to have your son give back all of his two hundred thousand dollar commission? Mrs. Gordon: My son didn't get any commission or donation or contribution at all. Mayor Ferre: He did it for love of the City. Mrs. Gordon: My son did... Now, Maurice, I'm going to correct the record because again, you are telling, a lie and:I don't think that you should put lies on the public record at all. 1 would like you again, to repeat Mr. Knox, is this the wording? Is this the way I asked the amendment to be drafted? Is this it? Mr. Knox: Your request was that the ordinance be amended to include the acceptance of campaign contributions whether solicited or not. Now, we checked the State Statutes and the State Statutes had a provision which we tracked in this proposed ordinance. And the new language is underlined on page one of the proposed ordinance. Mrs. Gordon: Mr. Knox, would you wait just a minute and let me have a chance to read this. I resent being handed ordinances that are three and four pages long and said "hey, here it is", because I recall very vividly other ordinances that have been put before me and when I questioned the maker of the ordinance the drafter about it, I was told there was nothing in it different than a previous ordinance and after the vote was taken I was told, I'm very sorry but there was some very essential changes made. Now,... Mr. Plummer: We stand in adjournment five minutes to let Mrs. Gordon read the motion.` Mrs. Gordon: Alright, may I. have a copy of the motion? Mr. Plummer: Mrs. Gordon, would you please honor Father's request that you don't refer to in the record as a lie, that it be--- what Father? Categorically incorrect. Mrs. Gordon: Well, in any words you want it stated, if it's' an untruth, that's what it is. NOTE: At this time the Commission took a five minute recess. Mayor Ferre: Mr. Chairman would you recognize me? Mr. Plummer: The Commission will come back to order. All the people standing in the rear come in and be seated or vacate. And we ask the Commission to come to order, that includes the private meeting on the end. Mayor Ferre: Mr. Chairman may I be recognized? Mr. Plummer: As soon as I get this thing well constituted, you can be recognized. The Mayor is recognized. Mayor Ferre: Alright, Mr. Chairman, what we have before us is a very simple and clear statement and -I will read it once: more to make sure we understand. This is a completely different section and a completely different matter than what was approved and what we voted on last time. This deals with Section 2-103 and it reads in Section "B", "No candidate for nomination or election to the City Commission shall solicit or accept anything of value to the recipient including a gift, loan, reward, promise of future employment, favor OCT 1979 or service. One, that' 1 cause a reasonably prudent opkget. Lowe zuzluei►uru in the discharge of'off al duties. Two, that is based an any understanding that the vote, bfficial action or judgement of the candidate would be influenced Cnr.auy" 'and I have moved that. Mrs. Gordon: I second that and I also went to eliminate the loop hole that say that you are able to make a decision whether you are influencedor not, because I believe that it is just as important that -1 say in this amendment Section 3 "Each and every officer, official or employee ,,f the City of Miami, including each and every member of any board, commission or agency of said City is expressly prohibited from accepting directing or indirectly from any person, company, firm or corporation to which any purchase order or contract is... or might be award any rebate if money or anything of value whatsoever, except where given for the use and benefit of this Committee including campaign contribution solicited or not and that should be all that this has and not to leave yourself a loop holeso you can say afterwards "hey, that didn't influenced`. me, when you know well if you get thousanddollar contributions, you are influenced. Let me tell you something, if you get this many thousand dollar contributions you have been influenced and don't let anybody kid themselves that you are not. Mayor Ferre: Call the question Mr._Chairman. Mr. Plummer: Well, I would like to ask for clarification briefly for my,own sake. Mr. Knox, it would seem like to me and I'm all for this and I think it is a good thing and it is way pass time for clarification. It would seem reasonable'. to me that this ordinance which I don't find the necessary wording would cover non -incumbents as well as incumbents. And I think that, that terminology, in other words, someone' running for political office who is not the incumbent should be bound by the same rules that I as an incumbenter bound by and I would like to see that wording inserted. 'Mrs..Gordon: J. L., you have to recognize that a non -incumbent isn't sitting here in a position of power and ableto make influencing decisions. I want to read you the intent of this amendment. When it was first designed it was designed to avoid the kinds ofthings that have been taking place here and I'm not going to address myself to each everyone of you, but I'm going to address myself to the person who is sitting there trying to act... Mr. Plummer: Wait a minute, Rose? Rose, excuse me. Mr. Knox... Mrs. Gordon: Ok, it says."whereas it is the purpose and intent of the Commission of the City of Miami, Florida that private interest should be eliminated' from public affairs in such manner and to such extent that even the appears of wrong doing is avoid. Therefore, it's necessary that you make this very, very tight, that you simply say including campaign contribution whether solicited or not and let it go at that and stop putting in anymore loop holes". Mr. Plummer: Ok, I am reassured by Mr. Knox, that Section "B" on page one does iz fact cover no candidate for nomination or election to the City Commission. So that would cover it and... Mayor Ferre: I call the question Mr. Chairman. Mr. Plummer: Call the roll. ON ROLL CALL: Mrs. Gordon: Mr. Knox, can this be made retroactive to the beginning of this mayoral campaign? Mr. Knox I think not Mrs. Gordon, once we adopt an ordinance there are certain constitutional of violations we retroactively apply. Mrs. Gordon: You say you cannot make it retroactive? Mr. Knox: No, Ma'am, it's prospective... Mrs. Gordon: Alright, since legally it cannot be I; would say morally it ahould be. So I would ask the Mayor Ferre--- Mr. Maurice Ferre if he would voluntarily agree to return those contributions which he has accepted which fit this category. Mr. Plummer: Your vote, Mrs. Gordon. Mrs. Gordon: I vote "yes" with the amendment. gl 410 OCT 311979 THEREUPON THE FOREGOING MOTION was introduced by Commissioner Commissioner Gordon was passed vote: AYES: Mrs. Gordon, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: None. was designated -MOTION NO. Ferre and seconded by and adopted by the following Mr. 'acasa, Vice -Mayor Plummer (LATERFORMALIZEDAS FIRST READING ORDINANCE) Mayor Ferre: I would like to under the powers granted me in the Charter appoint the following Commission' to review the whole electoral law process -and come back within the next three to four months with an answer on some of these pertinent points. Mrs. Alice Wainwright, Mr. Jessie McCreary, Mr. Dan Paul, Mr. Manuel Vaszquez, Mrs. Athalie Range, Mr. Leslie'Pantin, Mr. Juan Del Cerro, Mr. Bill Colson and Mr. Ralph Ongie. That's a motion? Mr. Plummer: Mrs. Gordon: What was themotion? Mayor Ferre: There is no motion, I'm just doing this... Mrs. Gordon: What are you doing? Mayor Ferre: I' am appointing a Committee as Mayor like I did with the Wolfson Committee to come back advise us on the whole electoral lawprocess for future elections. I'm just announcing it, that's all. 3. CITY FUNDING FOR DOWNTOWN PEOPLE MOVER SYSTEM. Mayor Ferre: Alright, we are now... Mr. Plummer: Mr. Dyer is here Mr. Mayor. Mayor Ferre: Dr. Dyer, you are recognized, sir. Dr. Dyer: _Mr. Mayor and members of the Commission, my purpose here today is to ask your consideration in terms of non-federal share funding which boils down to be of City of Miami's participation in the Downtown People Mover Project. If I might send just very briefly a few minutes two, three, four outlining the last year, the status of the project and why we are here today. I should be in a position to then respond to any types of questions. It is my understanding that the Commission has before it a proposed resolution and a memorandum from the City Manager which outlines in detail what is recommended to you by the Manager and his staff. Very briefly on the Downtown People Mover System. As the members of the Commission and the Mayor are aware for the last year the City of Miami and Dade County along with the Downtown Development Authority and the Downtown Businessmen as well as the citizens have been planning that the routes and the types of a People Mover System that would go into Downtown Miami. The whole focus has been to service the central business district, the Brickell Avenue area and the area North all the way to Omni with the type of a system that would enable us to begin to reduce substantially traffic congestion and also move large numbers of people within the 'Downtown area. Since January two members of the City Commission as well as two members from the County Commission and a large number of citizens about thirty in total have met every alternate Saturday working on developing the gl 11 OCT 3 19i final routes, developing the station locations, the system criteria and making the major recommendations in terms of policy directions to the City Commission and to the Dade County Comma- Inn. If I might very briefly explain the six drawings, charts and maps before. 1L.. Final system route is on the left in terms of the chart. 'It is a double loop bide way system that services the Downtown area. It has a leg North to Omni. It's about one point one miles in length and a leg South into the Brickell area that's about the same ier.b..a. The total cost of that system escalated forward to a completion date of 1983, with a operating date of 1984 of July, the same as the rail rapid system is a hundred sixty-five million dollars. The third map as shown shows how that corresponds to the existing development that present is either on the drawing boards or coming out of the ground in the City of Miami. The important focus being the People Mover relates very directly and very specifically to the existing development as well as that which is proposed coming out of the ground at the present time or likely to come out of the ground in the very next few years. The bar chart immediately to the right that appears in red shows the schedule. The schedule in terms of what has to take place between now and 1984 in order to get the system finished and ready to operate. It does breakdown by millions of dollars the exact type of categories and the cost of each category over that period of time. There then are three renderings that show how that People Mover System might work. The first one being on Biscayne Boulevard down the center of Biscayne Bouelvard essentially adjacent to One Biscayne Tower. Very close access, very important to not only providing access to the tower, but to the park. Then you have a second rendering that shows a way the People Mover Station could be tied in this case to the Burdines Department Store at the second level. The purpose there being to service high commercial and high office type development, this being of course, a retail commerce. Then of course, the third rendering is the rail system as it relates and integrates to the DPM at the government center. now, what we have before you is a proposal made by Dade County and hopefully the City of Miami jointly with the State of Florida ,to the Federal Government and the proposal basically is Dade County and Miami believe they should be placed in the same tier or the same category as Los Angeles, as Saint. Paul, as Houston and Cleveland were placed in 1976. If we are successful in doing that the rederal Government then would be in a position to fund either the full four point two mile system which requires and additional commitment of federal dollars of ninety-four million. And secondly it would enable us to build the full four point two mile system in one piece instead of having to build it in stages. There are major advantages to doing it one time only not having to come back three years later or four years later and build the South line or come back the same length of time and build the North line. The proposal then would be on the basis of. full system Dade County would pay a premium and the city of Miami to a degree woule pay a bit of a premium in order to get the full system funded at one time. The funding ratio in the proposal is for the first loop of the system it's eighty twenty, that's the standard funding ratio. You are requested in that to contribute a little over two million dollars. In order to get the full system funded which is a total of a hundred sixty-five million Dade County would put up twenty-five million dollars, the City of Miami would be requested to put up nine point nine million dollars, the State would put up a little over sixteen million dollars. The effect of that is the ratio would go from eigity twenty to seventy thirty in round numbers. By paying that premium we think we have an excellent chance to get the full system approved in the next very few weeks. It that be the case we would be in a position of course, to proceed with this on schedule that would enable us to have it completed and in'operation by mid 1984 which would correspond to the rail system and we would have a total Downtown urban public transportation system that could support the type of development the City is going to experience in the next five years. That concludes my presentation Mr. Mayor. Mayor Ferre: Questions? Mr. Plummer: Doctor let me ask you a question and really I know the answer, but I would just like it for those people who are here and to be on the record. First of all I and I think I speak for Maurice, I try not to, but once and a while I think I can. I would like to thank you for allowing me to participate in that Committee process of the Downtown People Mover. I will tell you that I got a tremendous education about People Movers and about Downtown and I will tell you the one thing that was most gratifying to me out of this whole process was the recognition of the Downtown business people that this People Mover System is a must and the old thing came about that said we are willing to put our money where our mouth was. That in fact that the proximity of a tation to their business they were willing to consider to gontribute money towards the system. I thinkreally what should be on the record and if I missed it gl 4r r YUPPre eating yourself please do for my sake. Is' to when you contemplate' this to start and more importantly as I asked about rapid transit, when will I be able the first day to ride the People Mover? Dr, Dyer: We would hope to have... if the funding schedule is such that the City goes ahead, the State goes ahead, the County ',as already gone ahead and we are able to get the federal commitments, say in tnt next three months at the latest, maybe less than that, we would be in a position to have this system in full operation by July of 1984. Actually the construction will be finished in about December of 1983, January of 1984 a testing period in which of course, people could be carried on the system during the testing period, but it would open corresponding with the main rail line North/South which would put together essentially of the North/South movements in Dade County with the distribution system in the City. Mr. Plummer: So what you are saying is in effect that this will be•in a timely manner completed so that it does in fact tie in right from the beginning with the rapid transit? Dr. Dyer: Yes, sir and that's the important point of why to proceed now. Mayor Ferre: Dr. Dyer, I have got some good news for you, sir and it's my happy privilege to tell you that yesterday I was in the White House and that I met with the Secretary ,of Transportation Neil Goldsmith who as you know will be here shortly. Last week the Mayor of Detroit Coleman Young was in Washington and net with the Secretary and with the people `U.M.T.A. They are going for a very ambitious transportation system that goes beyond our People Mover. In other words, they are playing catch up. I think that the City of Miami and Metropolitan Dade County will have a very pleasant surprise sometime in the first week of December for a sum close to ninety-six million dollars. The day before that on Monday I was with Ann Wexler in the White House and with Stew Eisenstat when they had a major press conference dealing with the Wynfall Profit Tax. Now, I have been requested to discuss with our two senators, which I have discussed with one and have a pending phone call for the other and they will be supportive of the Windfall Profit Tax on oil companies and I think that once that passes, that we are going to be well on our way to have a full integrated transportation system and I just wanted to be the bearer of that good news to you since I know this has been concerning you and this community and it's my pleasure to make that announcement at this time. Dr. Dyer: Thank you, very much for providing me with that information Mr. Mayor, it's certainly news to nie and it's very pleasant news of course. If. as you suggest they are talking about ninety-six million dollars, that would be the full system. That would mean four point two miles and that would mean we would be able to achieve what we are proposing here. Mayor Ferre: Alright, let me, let me quote the Secretary, I said "Mr. Secretary I dcn't want to be in anyway competing with my_ good friend Coleman Young" and he said "what Coleman Young wants is so much larger than what you are asking for that your request is reasonable one and this administration will do everything within it's power to work something out that will satisfy the transportation needs of your community which are well thought out and well advanced". And therefore, these are very encouraging words at this time. Alright, is there a motion on Item "B"? Mr. Plummer: So move. Mayor Ferre: Is there Mr. Lacasa: Second. Mayor Ferre: a second? Further discussion call the roll. THEREUPON THE FOREGOING MOTION was introduced by Commissioner Commissioner Lacasa was passed vote: AYES: Mrs. Gordon, Mr. Lacasa, and Mayor Ferre. NOES: None. ABSENT: None. was designated MOTION NO. 79-733 Plummer and seconded by and adopted by the following Rev. Gibson, Vice -Mayor Plummer (LATER FORMALIZED RESOLUTION NO. 79 744) gl ig3 OCT 3 ' 1979 F. • 4. PENSION BOARD LITIGATION Mayor Ferre: We are now on Item "D", unless you want to do "C" all over again. Alright, thank you, very much Dr. Dyer to you and you able staff. Mt. Manager, we are on Item "D". Item "D", who is making the report? Mr. Grassier Mr. Chairman and members of the City Commission, this is a very brief report and we simply wanted to distribute to you two pieces of correspondence which we received in the last day or so indicating the position of the System and Plan Boards. Basically what they are indicating to the City Commission and to all of the City is that they are not in accord with policy position that we asked you to take in which the City Commission did by a majority vote take with regard to pension funding and further they are indicating that within a period of one month, that is ending approximately the 27th of November in the case of the System,_I believe, that they would expect to have some kind of further response from the City on our intentions to fund the Pension System or that they would intend to go to court. So it is simply in order to keep the City Commission abreast of the position of these two boards and I bring this matter to your attention and that we have distributed to you the correspondence of which we have recieved only in the last couple of days. Mr. Plummer: Thank you. Item #1? Mrs. Gordon: I have to ask the Manager a question. Mr. Plummer: Question on Item "D". Mrs. Gordon:; The question is of the State law and whether or not the City can ignore the law which recites that pension funds must be funded by actuarial assumption and since the City chose to make it's own assumptions for the amount necessary to fund, what is your opinion as to whether or not the funding that you are proposing can ignore this State law? Mr. Grassie: 'Well, first Commissioner, I don't believe that either the City or anyone else can ignore the State law. That is really not the question. You know, that's sort of an academic point. Mrs. Gordon: Yes, it is. That's what this letter is all about. Mr. Grassie: Please, let me finish. Thank you. The question is not whether you would ignore the State law which obviously no one can. If you remember what the City Commission agreed to do, it was to ask for a reevaluation on the part of the actuaries. Something which is now in process so that any position in which the City would come to would be based on actuarial recommendations and would be in my estimation completely within the State law. If it were not within State law it obviously, could not be done. So the answer to your question is that whatever would be recommended to the City Commission would have to remain within the boundaries of State law.' Mrs. Gordon: Well, haven't those actuarial recommendations already been made? Are you saying that you wantthe actuaries to amend their opinion according to what you want them to don Mr. Grassie: Commissioner, the City Commission has taken a position already by a majority vote, you were on the losing side if you will recall. Now, the only... Mrs. Gordon: I wasn't losing, I think the City is losing. Mr. Grassie: Please, let me finish Commissioner. Please, don't interrupt me, I would appreciate it. Now, if you will recall that resulted in a request to the actuaries to do another analysis and to inform the City Commission. That is in process. Now, that,'s the only thing that has happened. 8l i14 OCT 3 1979 Rev. Gibson: J. L., I -just want to say this so that nobody get me wrong or misunderstand Theodore Gibson. You know and maybe I live in a different world, I hope I don't. I find these kinds of action against the City very -- and this is not offensive, please.., please, I went to Law School one day, I understand you are a lawyer, you got to do your job, that's what we pay you for. That's what the Board get you for, ok. But I want to say this to the Board. I find the action--- this kind of an action and you are only carrying out their mandate, very, very repugnant. The -City of Miami is a family. I want to make sure and get this across. The City of Miami is a family and why families have not learned some certain decent fundamental courtesies is beyond me. I'm going to wait_ until after the election and I then shall vociferously, vociferously attack this kind of issue. I just don't like it. I don't understand you all. I run a church man and I just don't go for this kind of business. We are there to do thework of the king and we aren't there to get a kingdom for each of us. And this kind of action to me is very, very repugnant and that's all of want to say. .I'm not going to say anymore than that. I will deal with it after all of the smoke and the fire abates, ok. Mayor Ferrel Alright. 5. FEDERAL REVENUE SEARING DISCUSSION x Mr. Plummer: Mr. Mayor, I would like to bring an item up. I think it is most crucial and the timing is most crucial and I would hope that my. fellow Commissioners-- Mr. Grassie?--- would pay strict attention. Mr. Mayor, as you know I last weekend had a mandate in which I has to be in Orlando for the Florida League of Cities Convention. I was the Pr,!sident. I was honored to serve as this city's representative. Mr. Mayor, I want to bring to your attention and the other Commissioners that of twelve hundred fifty-eight registered delegates to that convention ninety percent of the people there spoke of nothing but federal revenue sharing. There is tremendous concern that federal revenue sharing is in serious, serious trouble. It has been expressed by some of our congressional people in our district that there is no way that they are going to vote for the reenactment or the continuation of federal revenue sharing. The Florida League has appointed a very special Committee to address this problem. They are going to try to do it on a one to one basis with each member of the Florida league pin pointing on a certain congressman and the officers and directors, pin pointing on the two senators of the State of Florida. Mr. Mayor, I think it would be well that you and the Manager sit down and develop some kind of an action program from within the City of Miami to attack what I consider to be a very serious, potential problem. Mr. Grassie, federal revenue sharing makes up what of our budget, about ten percent? Mr. Grassie: Just over ten percent of this one, Commissioner. Mr. Plummer: And you know, if we were to lose that very valuable source, not only would we, but as you have said before every city in the United States would be in serious problems. But Mr. Mayor, there is no talk of replacing the revenue sharing. The only talk is to do away with it. Yes, please.` I. just wanted to bring this to the table. Mayor Ferre: One of the things that I did yesterday in the White House was meet with the staff of both Jack Watson and Stewart Eisenstadt on that subject. Now, I have been appointed--- now, I was as you may remember Chairman of the urbane portion of the Democratic Party platform at the mid-term convention in Memphis and I am now on a panel and I think I'm going to end up being the Chairperson for that panel of five along with Marian Berry to deal with precisely that point on the Democratic platform. The Administration and the Democratic Party are going to stand very strongly, so I think that does not relieve us of what you pointed out which is the responsibility to deal with gl $:,5 OCT •., 1979 our own congressman and our own senators. But I want you to know that both the White House and the Democratic Party are going to stand very strongly for a very firm urban policy. Including revLnue -haring.. Mr. Plummer: Mr. Mayor, the information given to us , ,ut Dade County is that some our congressmen who in fact are Democrats are opposed to it. Mayor Ferre: That is correct. That is correct. Mr. Plummer: And I just would like to see the City of Miami since it is so of necessity that we develop some kind of an action plan to address this problem. Because I want to tell you I_ don't want to be sitting here the day after federal revenue sharing-- God forbid-- is pulled out from underneath of usand not be able to tell thePeopleof this City that I did everything humanly possible to keep that monies in this City. So I would hope Mr. Mayor, that you and the Manager would sit down and come up with some action plan. I'm not throwing you the hot potatoe, because I'm taking a tremendous load from the Florida League of Cities in their action. But I want to tell you that I'm very concerned and I bring those concerns to this table this morning. Mayor Ferre: As I said J. L., I'm already involved at a national level on this with the Democratic Party and at the White House level. And I think it's very important that we have continuity and you can... anyway you want me to help you as President of the Florida League... Mr. Plummer: Past President. Mayor Ferre: Past President and representative for us in Tallahassee, I think we have to come up with a definitive plan. Mrs. Gordon: I would like to state into the record my personal observations of cities in general are depending far too much on federal dollars and federal grants and I think the time is arriving and it is arriving as J. L., has pointed out where belt tightening is going to be needed, where prioritizing of availab].e funds are going to have to be looked at very carefully and we are going to have to start budgeting ourselves along the lines of essentials and not the frills that has been the habit of the past. So rather than you know, looking for you know, the continual flow of dollars from Washington, we better start looking at ourselves and the way we are spending money and start deciding that it's time to be prepared for what is going to be an eventuality.. People are tired in general, totally sick and tired of you know, the big brother up in Washington being the protector of everything and funneling you know,... and us depending on it so complete that facing the possibility as you mentioned J. L., of closing shop and we ought to be prepared for it. It's going to happen. Mr. Plummer:` Well, Rose, you know, we all understand if that day comes and I think even the recipients understand if that day comes everybody has got to reprioritize and have their own belts tightened up. But what I'm really saying is for example, of that monies now-- Mr. Grassie, what is it--- in excess of a million dollars or a million and a half dollars is going for social programs and I"think those people ought to be aware and be given the opportunity to speak loud and speak long to those congressman who have indicated a negative stance that their meals and their health care, their transportation and everything else that is being derived from that social monies is in jeapody and I think that is the kind of grass roots program that has got to be generated, got to be started because you know, a man sitting in Washington doesn't know that that inoney down here .isproviding X number of hot meals, providing Child Day Care Centers, providing transportation to the doctor and I think if we could start and Mr. Grassie, there is not question that we could. Ton take Villaverde over there. How many people is he serving in that program, in the total program? How many meals are we subsidizing here? A thousand? Mr. Grassie: Over a thousand. Mr. Plummer: Ok. You start a letting writing from a thousand people to the people up in Washington.,. and I'm going to;'tell you something, they are going to get a different perspective of how the people feel. But if you sit back and you don't start that, they are going to take what they read in the newspaper as being, you know, what is the go item and whatais not. I'm:just saying that we have got to do something. We have got to get our own program. Mayor Ferre: gl . " Mrs. Gordon: J. L., the trend around the Country is already in place to prepare for the eventuality of the turn off of the and in some. communities there are citizen volunteer groups that are setting themselves up to do some of the essential services in f77t. that are presently being provided in communities also by the governmental f'encies. So I'm saying to. you that rather than just, you know, wring our hand b 'It's get prepared. Let's start notifying as you said the people involved, but also notifying those people that are not involved that you know, if the big bucks stop coming down from Washington they are going to have to pitch in and help. In some communities there is even people who are helping to clear the street, volunteers, community people who are doing that. Mr. Plummer: I just want to be accused of fighting a good fight. 6. EMERGENCY ORDINANCE: DEFINE & DESIGNATE TERRITORIAL LIMITS OF THE DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAMI. Mayor Ferre: Alright, we are now on Item #1 which is an emergency ordinance defining .and designating the territorial limits of the Downtown Development District for the purposes of taxation. Is there a notion? Rev. Gibson: Move. Mayor Ferre: It's been moved by Gibson, seconded by Lacasa, read the ordinance on an emergency basis. Call the roll. Mrs. Gordon: George? Mayor Ferre: Mrs. Gordon? Mfr. Knox: Yes, Ma'am. Mrs. Gordon: Is this the same as it was last year? Mayor Ferre: Every year. Mrs. Gordon: What is it? Mr. Grassie: Yes, it is, Commissioner. Mr. Gordon: It is the same? Mr. Grassie: Yes, half a Mrs. Gordon: Yes, and it's justa matter of we have to... We state this every year. We have to re-... imply it every year. Mr. Knox: Yes, Ma'am. Mayor Ferre: Further discussion? Mr. Plummer: Yes, Mr. Mayor, I just want to put on the record very briefly that I am voting for this because it's mechanical, it is something that is done every year, but I want to note for the record that we have not yet received their budget for which these revenues will be used. And I for one am just annoucing that I intend to go through that budget with a fine tooth comb and of course, reserve the right to make any and all changes that / see fit as one individual on this Commission. Mayor Ferre: Alright, further discussion, call the roll. gl OCT 3 1979 AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE DEFINING AND DESIG- NATING THE TERRITORIAL LIMITS OF THE DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAMI LOCATED WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI FOR THE PURPOSE OF TAXATION, FIXING THE MILLAGE AND LEVYING TAXES IN THE DOWNTOWN DEVELOPMENT DISTRICT LOCATED WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTO- BER 1, 1979, AND ENDING SEPTEMBER 30, 1980; FIXING THE MILLAGE AT FIFTY ONE -HUNDREDTHS (.50) MILLS ON THE DOLLAR OF THE NONEXEMPT ASSESSED VALUE OF ALL REAL AND PERSONAL PROPERTY IN SAID DISTRICT AND PROVIDING THAT THE SAID MILLAGE AND THE TAXES LEVIED HEREIN SHALL BE IN ADDITION TO THE FIXING OF THE MILLAGE AND THE LEVYING OF TAXES WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI, WHICH IS CONTAINED IN THE GENERAL APPROPRIATION ORDINANCE FOR THE AFORESAID FISCAL YEAR AS REQUIRED BY SECTION 30 OF THE CITY CHARTER; PROVIDING THAT THE FIXING OF THE MILLAGE AND LEVYING OF TAXES HEREIN SHALL BE IN ADDITION TO SPECIAL ASSESSMENTS FOR IMPROVEMENTS IMPOSED BY THE CITY COMMISSION OF THE CITY OF MIAMI WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI: PRO- VIDING THAT THIS ORDINANCE SHALL NOT BE DEEMED AS REPEALING OR AMENDING ANY OTHER ORDINANCE FIXING MILLAGE OR LEVYING TAXES FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1979 AND ENDING SEPTEMBER 30, 1980 BUT SHALL BE DEEMED SUPPLEMENTAL AND IN ADDITION THERETO; AND PROVIDING THAT IF ANY SECTION, CLAUSE OR SUBSECTION SHALL BE DECLARED UNCONSTI- TUTIONAL, IT SHALL NOT AFFECT THE REMAINING PROVISIONS. Was introduced by Commissioner Gibson and seconded by Commissioner Lacasa for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days which was agreed to by the following vote: AYES: Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Gibson and seconded by Commissioner Lacasa, adopted said ordinance by the following vote: AYES: Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9010. 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. 118 OCT 3 1979 7. ESTABLISH NEW TRUST AND AGENCY FOND: "MIAMI CONFERENCE ON THE CARIBBEAN" Mayor Ferre: Alright, Mr. Manager, Item #2 the Miami Conference in the caribbean. Mr. Grassie: This ordinance Mr Mayor and members of the City Commission would set up a fund of seventy thousand dollars. And if you will recall the authorization from the City Commission is for ten thousand dollars to come from the City itself. We have seventy-five hundred dollars coming from Dade County and`seventy-five hundred dollars coming from the State of Florida and an additional forty-five thousand dollars are anticipated from participant fees. This establishes the fund which would receive those monies. Mayor Ferre: Alright, is there... Mr. Plummer:' Move it. Mayor Ferre: Moved by Plummer, is there a second? Rev. Gibson: Second. Mayor Ferre: Seconded .by Gibson, further discussion? I would like to give you some more good news. This is good news day. For the last six months.I have been working trying to get the President of the United States to Miami for the conference of the Caribbean. It has been as you know, a very difficult task because the President's time is highly committed and when he makes a commitment of this nature it requires a tremendous amount of logistical support and what have you. As of this junction we have invited and they have accepted, we have three heads of State and the Caribbean nations that have accepted to come to Miami to the Caribbean Conference. There is a possibility that two additional heads of State will accept. As of yesterday 'Mr. Breezinski has recommended to the President and the President on a very tentative basis has accepted being the main speaker for the Miami Conference for the Caribbean. And I think that is a major, major break though for us. It puts us on the map. It is the intention that this would be a major statement on the Caribbean and Latin America by the United States and I think it further enhances the wonderful work that this City has been doing to put Miami on the map as not only the gateway, but the bridge to Latin America. Call the roll. Mrs Gordon: What is the date that this conference is scheduled Mr. Grassie? Mayor Ferre: It is in the end of November, Mrs. Gordon. Mrs. Gordon: You are not Mr. Grassie. At, least you don't look like him, you don't have a moustache. Mr. Grassie: Mayor Ferre the last year Mrs. Gordon: Mr. Grassie: Mr. Plummer: Mr. Grassie: 28th, 29, and 30th of November. This is the conference that I have been putting together for and I know every detail of it Mrs. Gordon. Mr. Grassie, what is the date of the conference? 28th, 29th and 30th of November in Miami. Where? At the Intercontinental Hotel. Mayor Ferre: Is there anything else? Call the roll. AN ORDINANCE ENTITLED- AN EMERGENCY ORDINANCE ESTABLISHING A NEW g1 119 OCT J _ 197E TRUST AND AGENCY FUND ENTITLED: "MIAMI CONFERENCE ON THE CARIBBEAN", PROVIDING FOR REVENUES THEREIN FROM PARTICIPANT FEES IN THE AMOUNT OF $45,000, METROPOLITAN DADE COUNTY $7,500, THE STATE OF FLORIDA AND THE CITY OF MIAMI'"$10,000, FOR A TOTAL OF $70,000, AND MAKING APPROPRIATIONS THEREFROM IN THE SAME AMOUNT FOR THE PURPOSE OF SPONSOR- ING THE MIAMI CONFERENCE ON THE CARIBBEAN: CONTAINING A REPEALER PROVISION AND A SEVER - ABILITY CLAUSE, FURTHER DISPENSING WITH THE REQUIREMENT OF READING THIS ORDINANCE 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 Gibson for adoption as an emergency measure and dispensing with the requirement - of reading same on two separate days which was agreed to by the following' vote -AYES: Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. Whereupon the "Commission onmotionof Commissioner Plummer and seconded by Commissioner Gibson, adopted said ordinance by the following` vote -AYES: Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre SAID ORDINANCE WAS DESIGNATED EMERGENCYORDINANCE NO. 9011 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. S. ESTABLISH NEW TRUST AND AGENCY FUND: "PENSION FOR FISCAL YEAR 1979-1980" Mayor Ferre: I move Item #13. Mr. Plummer: Is there a second? Mr. Lacasa: Second. Mr. Plummer: Seconded by. Mr. Lacasa, is there any discussion?' Mrs. Gordon: Yes. Mr. Plummer: Mrs. Gordon? Mrs. Gordon: This funding amount is not the amount that has been recommended by the actuaries. It is an amount that flies in the face of State Law. Therefore, at this time if this amount is the amount you are going to be voting on, it is illegal. If there were actuarial assumptions which indicated that this is the proper funding level that would be the only reason why you could vote on this and be committing what I consider legal, but since it is not, since the actuarial assumptions indicate a sum in access of this it's my opinion that to vote on this would be agreeing to commit an illegal act. Mayor Ferre: Call the question. Mi: Plummer: Well, Mr. Mayor... Mr. Knox, at the last meeting I asked that prior to this meeting that certain questions that were raised namely the wording in the green book as to the authority of who shall set. I have not received back from you your answer. Mr. Knox: The green book provides that actuarial-b.umptions shall be accepted by the various Boards of Trustees and that the City Commission shall fund in such a manner that would represent an actuarially sound funding basis. Mayor Ferre: Mr. Knox, are we legal in voting for this on second reading in your opinion? Mr. Knox:` There are two questions. The first question is unresolved by virtue of the fact that to my knowledge there has been no report from those persons, the actuaries who were commissioned to do an additional study. There is no prohibition against funding at the level that this ordinance represents because the City Commission has the power to supplement this funding at any time. Mrs. Gordon: To do what? Mayor Ferre: Supplement it's funding at any time. Mr. Plummer: Alright, call the roll. Mrs.. Gordon: But excuse me Mr. Knox. Mayor Ferre: He is reading the ordinance, I insist that the orderly procedure be followed. Mrs.- Gordon: Mr. Ferre, keep your temper in tow. Keep your temper in tow. Mayor Ferre: Mr. Chairman, I think the man should be allowed to continue the reading of the ordinance which he began. Mr. Plummer: Mr. Knox, would finish. Mrs. Gordon: Mr. Knox, I' have a question on that. Mr. Plummer: Rose, let him... just let him finish and you can still ask your question. Mrs. Gordon: He just made a statement. Before he reads it, let me;get a clarification to his statement. Mr. Plummer: Mrs. Gordon, Mrs. Gordon, I vill give you every opportunity as soon as common courtesy prevails of Mr. Knox to complete.' Mr. Knox, complete. Mrs.' Gordon: Mr. Knox, your statement was that the City can fund additionally. Certainly they can. My question wasn't that at all, you misunderstood me totally. My question is and the Mayor asked... Ferre asked you whether or not this was legal today. The amount that's being funded today, the level of funding today flies in the face of the law and that is that it be funded according to the amount that the actuaries have said is necessary to fund a sound pension system. Now, you made a statement which says that future funding could make it legal. That wasn't my question at all. My question is that the ordinance that's being voted on today in the amount that's specified in the ordinance is that legal? Not what they will do sometime in the future today. Mr. Knox: My answer was that the adoption of this ordinance at the funding level which has been suggested does not violate State law which requires that pension funds be funded on an actuariey.sound basis or a financially sound basis. The question of whether or not this level of funding would represent a financially sound basis is still open because the Commission has commissioned a study of whether or not this level of funding would constitute actuarial soundness in a legal sense. gl 121 OCT 1979 Mayor Ferre: Mr. Chairman this is the third time. This is the third time the City Attorney has made this statement and I will request that this matter... that we call the roll. Mr. Plummer: Mr. Ferre? Mr. Ferre, Mrs. Gordoni,.. the floor. Mrs. Gordon:, You are not chairing the At least we have one gentleman sitting Mayor Ferre: That's absolutely not so Chairman, I have called the question. Mrs. Gordon: The question is... Mr. Plummer: No, I; didn't hear you call the question. Mrs. Gordon: No, you interrupted my conversation Maurice Ferre. Mayor Ferre: Will the Clerk please verify if previous to all this conversation I did not call for the question. Mr. Ongie? Mrs. Gordon: No. The ordinances that exist meeting correct. Thank you, Mr. Plummer. at the other end of the table. because I_ called the question. Mr. for the City of Miami.. Mr. Plummer: Mr. Ongie would you please for the record was the question called? Mr. Ongie: I believe the Mayor did ask you to call the question. Yes. Mrs. Gordon: The question is, is this violating the City ordinances Mr. Knox, is a legal question. Mayor Ferre: Mr. Chairman I' call the question. Mr. Plummer: She is asking a question. Mrs. Gordon: Mr. Knox, is this violating the City's ordinances? Mr. Plummer: Mr. Knox? Mr. Knox: And my answer is that we don't know at Mrs. Gordon: What did you say? Mr. Knox: We do not know at the present time. Mrs. Gordon:< You don't know whether you are violating the City's ordinances? You are our City Attorney don't you think you should advise us on the legality of this action prior to the vote? Mr. ;'nox: I have advise... Mrs. Gordon: You have advised on the State law. I am asking you on the City ordinances. Is this violating the City's ordinances? The Code? Mr. Plummer: Mr. Knox? Mr. Knox: The City Code provides that funding shall be based upon actuarial assumptions which are adopted by, the various boards. The boards are appointed by the City Commission. The City Commission has authorized the City Manager to engage actuaries for the purpose of making a study as to whether or not a funding level which represent one hundred five percent of the 1978-79 funding would be actuarily sound. The actuaries have not to my knowledge rendered a report as to whether or not that would represent actuarily sound funding pursuant to State law. And for that reason my opinion remains the same. That it's impossible to ascertain at this time whether or not the Code of ordinances of the City of Miami has been violated or would be violated by the adoption of this ordinance at this time since the actuaries may return an opiniod that funding at this level would not be actuarily sound whereupon it would be incumbent upon the City Commission to supplement the funding so that the level of funding would represent actuarily soundness in a legal sense. Mrs. Gordon: Then, therefore at this time you are affirming the fact that we are... this Commission will bei.committing a violation of it's own ordinances and part of the City Code? Mayor Ferre: Those are your words, not his. the present time. gl OCT 1979 Mr. Plummer: Alright, call the question. Ca11 the roll AN ORDINANCE ENTITLED - AN ORDINANCE ESTABLISHING A NEW TRUST AND AGENCY FUND ENTITLED "PENSION" FOR FISCAL YEAR 1979-80, WITH FUNDS TO BE APPROPRIATED FROM VARIOUS DEPART- MENTS, BOARDS, AND OFFICES OF THE CITY OF MIAMI IN THE AMOUNT OF $16,755,336; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of October 1 ,1979 taken up for its second and final reading by title and adoption. On motion of Commissioner Ferre, 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: Rev. Gibson, Mr. Lacasa and Mayor Ferre. NOES: Mrs. Gordon and Vice -Mayor Plummer. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9012 was 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. Mayor Ferre: I would like to on the record make a statement that the City of Miami has after four years of hard fight come out with Civil Service reform and I want, to pledge to myself that we are going to get ourselves involved -in Pension reform very quickly. SECOND READING ORDINANCE: INCREASE FEE FOR TAKING OF FINGERPRINTS. Mayor Ferre: Alright,; we are now on Item 114. Mr. Plummer: Second reading. You want me to go ahead? Mayor Ferre: Yes. Mr. Plummer: Read the ordinance. Mayor Ferre: Well, wait a minute, someone has to move it. Mr. Plummer: Oh, alright, it's Item 4. Mr. Lacasa: I move. Mr. Plummer: Moved by Lacasa, seconded by Gibson. Read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING. SECTION 43-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,:RELATIVE TO CERTAIN FEES CHARGED AND SERVICES FURNISHED BY THE POLICE DEPARTMENT; PROVIDING FOR THE INCREASE OF THE FEE CHARGED BY THE POLICE DEPARTMENT TO PERSONS 0 gl OCT 1979 FOR THE TAKING AND FURNISHING OF FINGERPRINTS TO SUCH PERSONS FROM FIVE DOLLARS TO EIGHT DOLLARS; PROVIDING FOR A FEE INC`tEASE OF EIGHT DOLLARS TO TWELVE DOLLARS WHEN THIS FINGER- PRINTING SERVICE IS PERFORMED OUTSIDE OF MIL POLICE DEPARTMENT; PROVIDING FOR THE FURNISH- ING OF A'PHOTOGRAPH FOR A FEE OF FIVE DOLLARS; PROVIDING FOR THE COLLECTION OF A SIGNATURE NOTARIZATION FEE OF FIFTY CENTS; MAKING IT UNLAWFUL TO FURNISH FALSE INFORMATION; CONTAINING A REPEALER PROVISION AND A SEVER- ABILITY CLAUSE. Passed on its first reading by title at the meeting of September`27, 1979, was taken up for its second and final reading by title and adoption. On motion of Commissioner Lacasa, seconded by Commissioner Gibson, 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 Armando Lacasa Commissioner (Rev.) Theodore Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9013. 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. 10. FIRST READING ORDINANCE: CREATE DEPARTMENT OF: TRADE AND COMMERCE DEVELOPMENT. Mr. Plummer: Maurice, Haurice I think you want to do five don't you? Mayor Ferre: Alright, Item #5, an ordinance creating a Department of Commerce and Development, Mr. Manager. Mr. Grassie: Mr. Mayor and members of the City Commission, you may remember that the City has for approximately a year and a half now had on a what we would call a trial basis had a division within the Planning Department which has been doing trade and commerce developments for the City. I believe that at this time the members of the City Commission have had a chance to become aware of the importance of that activity. You have been involved in the work that they have been doing on these conferences such as the Caribbean Conference which has just been in front of you for appropriation and what we are recommending to you now is that, that activity be recognized for the importance it has for our community and that rather than be a division within the Planning Department, that it be established as a regular City department. Mrs. Gordon: Mr. Grassie, question to you. Mrs. Gordon: The amount of funding that this office how touch? Mr. Grassie: Two hundred fifty thousand dollars without counting grants which they were able... Mrs. Gordon: What was the source of that two hundred Mr. Grassie: Two hundred, thousand dollars came from CD and other money came from grants that they received from the federal government. Mrs. Gordon: That's right and now gl 124 OCT 3 i 1979 how much? Mr. Grassie: Approximately four hundree fifty thousand dollars. Mrs. Gordon: And where is that money going to come :-gym? Mr. Grassie: It is coming from a combination principally of grants and in part it is coming from the activities that we used to have Tourism Promotion which now we... Mr. Grassie: Please, let me finish Commissioner. Which now are scheduled to become Economic Development Promotion or Commercial Development Promotion with particular reference to trade with Latin America. Mrs. Gordon: Just one question that needs answering. The four hundred fifty thousand dollars are those funds that are in the general fund that could be used for any other purpose the City might want to use them for? Mr. Grassie: No, part of those funds are of that nature that they could be reprogramed, but part of the funds come from grants which are specifically designed and restricted to economic development purposes. Mrs. Gordon: How much of it? Mr. Grassie: Approximately two hundred thousand dollars is without strings and the rest of the money is with strings if you wish committed to economic development. Mrs. Gordon: Therefore, what you are saying is that there is money in this allocation, this budgeting that could be used for essential services and by creating this department you are in fact duplicating a service that is presently available through the County. I'm saying also that you are discontinuing a department because you feel the County is providing it. I'm saying that if you are going to truly pour the fat out of this bureaucratic system instead of trading off one department of another I would imagine you would want to not do that and you would continue operating this operation with CD funds as you had them before. Instead of creating another department and taking dollars out of the general fund that are needed for other things. Now, I'm not so sure that the trade off is the right trade off that you are recommending, but I'm not going to argue that particular point because I have my doubts about that too. But I'm saying for the sake of economy and for the sake of cutting out, bureaucracy instead of creating a new department I would say to you this is a very reckless procedure. Facing the fact that revenue sharing maybe turned off and other federal dollars which have been flowing because it is a very timely time for federal dollars to be flowing and you know, after a year from now perhaps you know, this department will still be there and there will be a need to tighten the belt and maybe some people will even have to go out, and clean some streets, you know. Mayor Ferre: Mrs. Gordon, are you through with your statement? Mrs. Gordon: You have a statement you want to make, go ahead and make it. Mayor Ferre: Are you through with your statement? Mrs. Gordon: Well, Mayor Ferre: I don't want to be interrupted again, I just... so I'm letting you... Mrs. Gordon: You don't want to interrupt, well that nice thank you. Mayor Ferre: Are you through with your statement? Mrs. Gordon: Then I will finish. I'm recommending to this Commission that this department not be created, that it continue as an office and that the funding source be the Community Development funds that it received last year and whatever grants are available and earmarked specifically for this use be used or else it be discontinued entirely and the service be provided by Dade County and that's in a motion. 625 OCT 3 197.9 Mayor Ferre: Are you finished with your statement? There is a motion on the floor is there a second to that motion" Is there a second to the motion? Is there a second to the motion? Mrs. Gordon drr you finished with your statement? Alright, I would like to make a statement at this '{me. The definition of a pessimist and an optimist I think is very applicable I heard one the other day and that is a "pessimist is a person who sees every opportunity as a problem" and an "optimist is a person who sees every problem as an opportunit;": Mrs. Gordon continually is against everything. She sees opportunities as problems. It is my personal opinion that the Department of Trade acid Commerce Development is not only not duplicative of what's happening in Dade County, but it is one of the essential departments that this community has long needed. It is through this department that we will be operating the Trade Fair of the Americas. It is through this department that we will be having the trade fair... I'm sorry, the third Conference of the Caribbean in which we plan to have the President of the United States and four other Presidents here. It is through this department that we are working with the OAS on important matters dealing with the City of Miami. It is through this department that we are working with United Nations Industrial Development Commission for a major office in the Miami area. If we accomplish any one of the four things that I have mentioned it is well worth the money that we are putting in. I think this is something that is not only important, it is essential to the future of the City of Miami. Alright, what's the will of this Commission? Mr. Lacasa: Mr. Mayor, I would like to make a statement and I don't want to be repetitious. I feel that the City of Miami is on the verge of becoming one of the most important cities in the Western Hemisphere. Our efforts in trying to have the City become one of the major financial centers and international trade centers, not only in the United States, but also in the Western Hemisphere cannot be implemented unless we have the appropriate tools to do it. The Department of Trade and Commerce of the City of Miami is just that tool. We have the choice of being another municipality worried only about our basic services which are essential and they are the heart of the City, but also we have the potential and the tremendous opportunity to help this community to increase it's standards of living, to create more job opportunities and to really have a big city going by implementing this concept. For this purpose there is no question in my mind that the tool is the creation of the department with responsibilities such as the one that the Department of Trade and Commerce has. Very recently we saw results. The Spirit of Miami, this new ship that is coming here as another added tourist attraction to what we already have is a good example of what this department could do for this City. Therefore, I move Item #5 on the agenda creating a new department to be known as the Department of Trade and Commerce Development. Mayor Ferre: Is there a second to the motion? Mr. Plummer: I will second the motion. Mayor Ferre: Alright, further discussion.? Mrs. Gordon: Discussion. Mt. Plummer: Mr. Mayor, under discussion... Mrs. Gordon, do you... Mrs. Gordon: Go ahead. Mr. Plummer: Let me tell you what bothers me, I very vividly recall maybe a year, year and a half ago in which this City found itself trying to seek funds in Washington and we were losers and when we immediately ran to Washington to find out w?at happened and the people who were making the decisions were confronted were amazed to find out that in effect we had not been a winner we are sitting there telling them we were a loser. And come to find out what happened was certain individuals with the County went up and portrayed that they were Miami and the award with to Dade County. Now, as soon as we made those people aware in Washington that Dade County was not Miami, the action was reversed and dealt with properly. It's find for Dade County to have a Trade and Commerce Department to fight their good fight to do what they can. Mr. Mayor, I'm a firm believer that nobody will fight your fight better than yourself and as far as I'm concerned this department if we are in fact truthful with ourselves looking to the future we need this department, the City of Miami to fight our good fight. Let's remember that we are looking not as much to the North... In 1978 we know for example that thirty-six million tourist came from the North to the South. More important.) we know much to our sorrow that only one third or twelve million of those people continued further South than Orlando. This City has been blessed with a new influx of people from the South coming North. We are doing everything possible to generate and offset that which we have lost. We know .for example,;. in some of the Latin and South American Countries they are experiencing at the present time untold wealth and if you do as I do sta..' at customs and immigration. They come with many suit cases empty, but pockets full of money to buy on the streets of the City of Miami. If you don't capitalize on this opportunity of selling Miami, not Dade County, but Miami to these people. How are these people going to know that we have got a billion dollars worth of. construction, new construction. How are they going to know that we've:got a new Convention Conference Center? How are they going to know that we are putting on a World Trade Fair? Mr. Mayor, I am a firm believer that nobody can sell yourself like yourself and because of that and only because of that, I feel that this is a very worthwhile and necessary endeavor for this City to be.... Mrs. Gordon: J. L. everything you said relates exactly to tourist promotion. Mayor Ferre: Tourist promotion? Mrs. Gordon: And the next... surely J. L. Plummer said that the people who ale traveling through here with pockets full of money and empty suit cases are tourist. Mayor Ferre: How about the Trade Fair of the Americas? Are they tourist? Mrs. Gordon: I'm not arguing with you or talking to you. Mr. Plummer: Mr. Mayor, since she has directed her question to me, can I , answer it? Mayor Ferre: This is the, Chair and the Chair will still control the way this meeting goes. I will recognize you Mrs. Gordon to finish your statement and then I will recognize you for a rebuttal. Mrs. Gordon: J. L., what you are stating in your statement relates to tourist promotion. When you are talking about trade and commerce you are talking about perhaps something else, but you are also duplicating a service that is existing in Dade County and you are saying that Dade County would not benefit the City of Miami, but let's face the reality of it, Dade County surrounds... is part of... we are part of Dade County. Whatever locations of industry that could be developed with regard to the potential for the development of trade and commerce would be for the most part within the City of Miami because we are the central portion of the Dade County area. Now, I'm saying what you described about the empty suit cases and the pocket full of money is a tourist promotion item, has nothing whatsoever to do with the trade and commerce development. Mayor Ferre: Mr. Plummer? Mr. Plummer: Mrs. Gordon, you are jumping ahead of the agenda and I guess maybe second guess what I'm going to do on Item 6. Let me say to you that it is my opinion that in fact there are two distinct departments each vital in it's function. You must create the seed before you have the flower. The seed is created by Miami's participation in the World Trade Fair of Bogota into the all of the other trade and commerce that exist between Miami, not Dade County and these Latin and South American Countries. Once that seed has been planted then it is nurtured by another department of publicity and once again it is my feeling that no one can sell Miami like people of Miami. I see two distinct vital organizations each having a separate responsibilty. I will speak to Item 6 appropriately, I am now speaking to Item 5. Mayor Ferre:, Alright, Further statements? Alright, call the roll. ON ROLL CALL: Alright, call the question. flavor Ferre: I would like to make a statement into the record. A vote against this is a vote against the Trade;Fair, against the Conference of the Caribbean. If it weren't for this department we wouldn't have had these type of events that are so important to the future of Miami. The Metropolitan Dade County Development Board existed and yet we.., they had nothing to do w&t: the creation of the Trade Fair or the Conference of the Caribbean. These are things that gl the City of Miami has done and therefore, I think that this City should not be pessimistic, it should not be negative.' What we need here is not negative thinking, not continuous "no" votes, but what we need is positive thinking and positive programs that will help Miami into the detl.ny that rightfully is hersand I vote "yes". Mrs. Gordon: I will like to correct the record and say the Mayor again, once again has made some more misleading statements. Last year there was at Trade Fair of the Americas, we did not have a department of Trade and Commerce and therefore what you are saying is totally erroneous as other statements you have made before. Economy in government is essential and that what we are talking to, economy in government and to create a new department when you have had the same service at an office which relied on community development funds and now will be sphering off money from the general fund is a poor example of someone who wishes to economize and utilize the dollars available to this City in the most effective way. Mayor Ferre: Mrs. Gordon, your statement reminds -me of a story that Max Horowitz used to tell about cutting the hay from the cow and the way to economize because milk was not at the right prices to cut the feed for the cow and that kept on going until the cow died and that's the kind of thinking that I think is involved in the process that you are recommending. AN ORDINANCE ENTITLED: AN ORDINANCE CREATING A NEW DEPARTMENT 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 REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Lacasa and seconded by Commissioner Plummer and passed on its first reading by title by the following vote AYES: Mr. Lacasa, Rev. Gibson Vice -Mayor Plummer and Mayor Ferre. NOES: Mrs. Gordon. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Com mission and to the public. 11. DEFERRAL OF CONSIDERATON TO ABOLISH DEPARTMENT OF TOURISM PROMOTION. Mayor Ferre: We are now on Item #6 which is Tourist Promotion. Mr. Grassie: Though I could Mr. Mayor and members of the City Commission, I would like to withdraw this item. I had a discussion with the County Manager yesterday evening and there is some ambiguity yet about questions of pension and the transition and we would like to withdraw until we have that clarified. Mayor Ferre: Well, I'm going to bring that up for discussion in just a little while, but after we finish with the regular agenda. The next... 12. AUTHORIZE PAYMENT FOR LEGAL 'ERVICES: JOSEPH COOK VS. CITY OF MIAMI, ET. CIVIL ACTION #78-3225. Mayor Ferre: Alright, the next Item then is Item #7, this is authorizing payment not to exceed thirty thousand for the legal services rendered in connection with the case of Joseph Cook versus the City of Miami and the City Attorney recommends. Is there a motion? Rev. Gibson: Move. Mr. Plummer: Second. Mayor Ferre: Moved by Gibson, is there a second? Mrs. Gordon: Which one are we on? Mr. Plummer: Second. Mayor Ferre: Is there a second? Alright, call the roll. The following resolution was introduced by Commissioner_ Gibson, who moved its adoption: RESOLUTION NO. 79-734 A RESOLUTION AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED $30,000 FOR LEGAL SERVICES REN- DERED IN CONNECTION WITH THE CASE OF JOSEPH COOK V. CITY OF MIAMI, ET AL., U.S. DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CIVIL ACTION #78-3225-CIV-JG, AND'TWO OTHER RELATED LAWSUITS WITH ALL OF THE FUNDS BEING ALLOCATED FROM THE SELF-INSURANCE TRUST FUND., (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded`by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Mrs. Gordon,. Rev. Gibson, Vice -Mayor` Plummer and Mayor Ferre. NOES: None. ABSENT: Mr. Lacasa 13. ACCEPT EID: AVANT CONSTRUCTION CO. IIC . SOLID WASTE FACILITY. Mayor Ferre: We are now on Item-#8, Solid Waste facilities. Mr. Plummer: What was the projection on this Mr. Grassie? Mr. Grassie: Are you speaking Commissioner about the projected budget? Mr. Plummer: Item 8. Yes. sir. Mr. Grassie: The initial architectural estimate of cost was•as I recalled at nine hundred eighty thousand dollars and this bid is somewhat over that. i.2a7 OCT v I;, /:1 Mr. Plummer: You 'don't think that it's well... that we go back out for rebidding? MayorFerre: True it's like going out and rebidding the bond's. Mr. Grassie: No, the experience that we have had with three other projects which we have rebid and if you remember the three fire stations would indicate that the only way that we can get our prices down is to make material significant differences in the design and... Mr. Plummer: Alright, sir. I move it. Mayor Ferre:. Now, is there a second? Rev. Gibson: Second. Mayor Ferre: Seconded by Gibson. There were two bidders on this? Mr. Grassie: There were two bidders Mr. Mayor. Mayor Ferre: Well, why... let me ask you are the contractors that busy that they don't want to bid on a million dollar solid waste building? Mt. Grassie: It apparently depends greatly on the trades involved. For example the Downtown college expansion had just gone through the process of taking nine bids on one of their packs which was over two and a half million dollars, they received no bids whatsoever. On another pack which was for ceramics their bids came in about twenty-five percent higher than estimate and in other about six bids they received quotations from contractors which were within the estimates. So it really depends on what kind of construction you are doing. The market is very difficult right now. Mr. Plummer: Mr. Grassie, isn't Avant the one that built the Police Station and the parking facility? Mt. Grassie: I would have to ask Vince Grimm on that Commissioner. Mr. Grimm: No. Mayor Ferre: Alright, further discussion, call the roll on Item 8. The following resolution was introduced by Commissioner Plummer , who moved its adoption: RESOLUTION NO. 79-735 A RESOLUTION ACCEPTING THE BID OF AVANT CONSTRUCTION COMPANY, INC. IN THE PROPOSED AMOUNT OF $1,054,000, THE TOTAL BID OF ITEMS A AND C OF THE PROPOSAL, FOR THE SOLID WASTE FACILITY; WITH MONIES THEREFOR ALLOCATED FROM THE "POLLUTION CONTROL AND INCINERATOR FACILITIES G. 0. BOND EXPENDI- TURES" IN THE AMOUNT OF $1,054,000 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $47,430 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $10,570 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE; ALLOCAT- ING FROM SAID FUND THE AMOUNT OF $15,810 TO COVER THE COST OF ARTWORK; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Mrs. Gordon, Rev. Gibson, Vice -Mayor Plummer and Mayor Fern;:. NOES: None. ABSENT: Mr. Lacasa. OCT. ;a 1979 14. AUTHORIZE AGREEMENT: EVELIO LEY & ASSOCIATES, INC. "MIAMI CONFERENCE ON TUE CARIBBEANtt. Mayor Ferre: We are now on Item #9, this is an agreement between the City of Miami and Evelio Ley on the Miami Conference and the Caribbean. Mr. Manager? Mr. Plummer: Move it. Mayor Ferre: Is there a second? Rev. Gibson: Second. Mayor Ferre: Seconded under discussion. Mrs. Gordon: Discussion.. On discussion on this item I approve of the Conference, the intent that it will have. I just suggest that the Mayor's vote would probably again reflect a conflict, Evelio Ley public relations and advertising person has given close to a thousand dollars during the last four years, including two hundred fifty dollars himself and two hundred fifty dollars through relatives this year. On May the 19th, 1978 Ferre voted to retain Ley for an agreement regarding a symposium for, fifteen thousand on October 12, 1978, Ferre voted to retain Ley Re: the Trade Fair agreement for a maximum of two hundred thousand dollars. On November 10, 1978 Ferre voted to accept the presentation of Mr. Ley and now again we are making a contract, an allocation and here again Mr. Ferre has accepted contributions and will be voting on a matter that is before us relating to the person who made contributions. Mayor Ferre: Further statements? For the record let me say that I don't see Mrs. Gordon getting too upset about her campaign manager Mr. Friedman being paid to run fairs around here. I don't see that she has requested that he resign those monies or,.. Mrs. Gordon: He is not giving me any money. Mayor Ferre: He is running your campaign. Mrs. Gordon: He is not giving me any money. Steve Ross gives you money and runs your campaign. Mayor Ferre: He does not run my campaign. Mrs. Gordon: Well, then he has some of his employees who do. Mayor Ferre; Mr. Friedman has been a contributor in kind to your campaign Mrs. Gordon and it's another typical hypocrite... Mrs. Gordon: He has given me nothing'inkind, everything he gives me I pay for. Mayor Ferre: Another typical hypocritical statement of yours. Call the roll. Mrs. Gordon: Mr. Ferre you have nothing to hang your hat on so you are scraping the bottom of a bottle. Mayor Ferre: Call the roll. The following resolution was introduced by Commissioner Plummer, who moved' its adoption: gl RESOLUTION`. NO. 79-736 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE' ATTACHED AGREEMENT BETWEEN THE CITY AND EVELIO LEY & ASSOCIATES, INC.; :,3i TO COORDINATE, FOR AND IN BEHALF OF THE CITY OF MIAMI, IN COOPERATION WITH METROPO- LITAN DADE COUNTY AND THE STATE OF FLORIDA, THE MIAMI CONFERENCE ON TK2 CARIBBEAN, WITH FUNDS APPROPRIATED THEREOF IN THE MIAMI CONFERENCE ON THE CARIBBEAN TRUST AND AGENCY ACCOUNT, IN AN AMOUNT NOT TO EXCEED $50,501.44, SUBJECT TO AVAILABILITY OF FUNDS. (Here followsbody 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: Mrs. Gordon, Rev. Gibson, Vice -Mayor Plummer and Mayor Ferre. NOES: None. ABSENT: Mr. Lacasa. NOTE: At this time the City Commission recessed for lunch and reconvened at 2:15 P.M. 15. PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS. . Appearance by the Honorable J. J. Carter, Counsellor, Nottingham, England, who will present a Plaque to Mayor Maurice A. Ferre. Mayor Ferre will then present to Mr. Carter a Key to the City of Miami. ▪ Appearance by Mr. Cesar Morales, representing the President of the Dominican Republic, who will present a Plaque to Mayor Maurice A. Ferre. Mayor Ferre will present a Key to the City of Miami to Mr. Morales. Presentation of a Proclamation to Mr. Newall Daughtrey designating Friday, October 26, 1979 as "Newell Daughtrey Day", City Manager for Opa Locka. • Presentation of a Commendation to Mr. Luis Sabines, President of the Camara de Comercio Latina, for CAMACOL's efforts on behalf of the tragedy -stricken.• Dominican Republic. Mr. Sabines is accompanied by Mr. Tony Pedraja, Chairman of "Una Mano Ayuda a Santo Domingo", a committee formed by CAMACOL. . Presentation of a Commendation to Mr. Humberto Hernandez, President of the Asociacion de Vendedores del Estado de La Florida, for their efforts on behalf of the hurricane -devastated Dominican Republic. • Presentation of a Certificate of Appreciation to Mr. Gonzalo del Monte, President of the Pepsi -Cola Company of Miami for their efforts on behalf of the Dominican Republic. . Presentation of a Commendation to Mr. Humberto Hernandez, who is representing Miavana Wholesale Company for their assistance to the Dominican Republic after the devastation of hurricane David. . Appearance by Mr. Manuel Taracido of Architects/Engineers - Morton, Wolfberg, Alvarez, Taracido 6 Associates who will present Mayor Maurice A. Ferre the 1979 Outstanding Concrete Structure in Florida - Award of Excellence for Public Works Structure and the 1979 National Award for Excellence in Architectical and Engineering Design for the City of Miami Heavy -Equipment Service Facility. gl 16. REVOKE CERTIFICATE OF PUBLIC CONVENIENCE .A:"1 NECESSITY #C-421. Mayor Ferre: Alright, we will now pick up on the afternoon agenda if you would please and the first item in the afternoon agenda is Item #11 and... I think we may have to wait a few minutes on that. There is Item #13 that we can do. Mr. Plummer: Ok, Item 13, Mr Mayor was that they were to bring us in proof and writing, that in fact these people had been notified somethingwith a receipt, return receipt requested Mr. Grassie.. Mr. Grassie: That's correct Mr. Mayor and members of the City Commission, if you have in front of you Item 13 on your agenda you will see a memorandum from the Assistant City Clerk and in that she details the three certified contacts if you wish with the person, so we feel that the City has in fact made every reasonable effort, more than a reasonable effort and in fact we are not getting any'response in this case. So we feel that you are justified in moving forward with this action. Mr. Plummer: Mr. Grassie, are those vehicles still on the road? Mr. Grassie One of the problems as I understand the case Commissioner was that the person in fact was not operating the vehicles much at all, was not making use of the licenses that he had. Mr. Plummer: Well, you know, it's very easy to confiscate a car when it's being used -without a permit. And I want to tell you those vehicles are still being used to a great extent Downtown. Look, all I'm trying to do is establish for the record.`.. I' don't want anybody coming back here in a couple of months screaming that hedidn't know what was going on or he didn't have his day in court. I'm on the record, you are on the record. We have made every effort possible to try and continue that service. You see, Mr. Grassie I agree that everybody should have a permit and everybody should abide by the law, but this thing sometimes get side tracked. When this thing came up some two or three years ago when there was a move to eliminate and there was a segment of this community who said "hey, we are the only people that use those things". So it's not that which is -for the entire community, but it is for our community; don't do away with it. Mayor Ferre: Ok, so what do you want to do? Mr. Plummer: Mr. Mayor, I will concur that the Manager and the Police Department have made every effort possible to bring these people in and they have not done so. I don't know of anything else they can do. I will move the item. Mr. Lacasa: Second. Mayor Ferre: Alright, there is a motion... Mr. Plummer: With the proviso thatfI prefer that they would be here, but unfortunately we can't. Mayor Ferre: There is a motion and a second on Item 13, call the roll. The following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO. 79-737 A RESOLUTION REVOKING CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY NO. C-421 FOR FAILURE OR NEGLECT FOR AN EIGHT MONTH PERIOD DURING A CALENDAR YEAR TO RENDER THE FU(,T SERVICE AUTHORIZED BY THE CERTIFICATE: ocr (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Mr. Lacasa, Rev. Gibson, Vice -Mayor Plummer and Mayor Ferre. NOES: None. ABSENT: Mrs. Gordon. Mayor Ferre:. Is Walter Marks here and the people from Publicity? Mr. Plummer: Walter was here. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: I will tell you if Walter Marks is around and that... I had told him I would recognize him. Would you get him. Mr. Ongie: Mr. Mayor? 17. OPEN SEALED BIDS ENGLEWOOD SANITARY SEWER IMPROVEMENT SR-5461-C & S' Mayor Ferre: Alright, at this time.. Mr. Clerk what time does your clock officially say? Mr. Ongie: 2:30, sir. Mayor Ferre: Alright, at this time is there a motion on Item 11 for the construction of the Englewood Sanitary Sewer Improvement?' Mr. Ongie: 11 and 12. Mr. Plummer: Move it. Mayor Ferre: Alright, is there anybody here who wishes to speak to it? Alright, it's been moved... Mr. Lacasa: Second. Mayor Ferre:... and seconded, call the roll on opening the bids. This being the date and time advertised for receiving sealed bids for Englewood Sanitary Sewer Improvement SR-5461-C & S,.the.Mayor announced that the City Commission was now ready to receive sealed bids: The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 79- 738 A RESOLUTION TO RECEIVE, OPEN, READ AND REFER TO THE .CITY MANAGER FOR TABULATION AND REPORT BIDS AUTHORIZED TO BE RECEIVED THIS DATE FOR: ENGLEWOOD SANITARY SEWER IMPROVEMENT SR-5461-C & S. (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 €.34 OCT 3 Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore i. Gibson° Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES:; None. BIDS WERE RECEIVED FROM THE FOLLOWING FIRMS: Gianetti Brothers Construction Corporation Garcia Allen Construction Company Joe Reinertson Equipment Company D. M. P. Corporation Iacobelli Contracting Incorporated Roenca Corporation 18. ORDINANCE DEFINING "CONFLICT OF INTEREST" Mayor Ferre: Alright, we have an half an hour to wait on personal appearance which means that we are now on the ordinance which was passed out earlier today. You have it before you, is there a motion? Mr. Plummer: Item 15? Mayor Ferre: Yes, sir. Mr. Plummer: Move it. Mr. Lacasa: Second. Mayor Ferre: Alright, Mr. Knox there is a motion and a second, read the ordinance. Further discussion, call the roll. ON ROLL CALL: Mrs. Gordon: Mr. Knox? Mr. Knox: Yes, Ma'am? Mrs. Gordon: Did you include representatives of City officers, are you leaving that loop hole in here? Mr. Knox: Representatives of City officers? Mrs. Gordon: 'Yes, meaning attorneys or other representatives. Mayor Ferre: The motion was made as, as you have it in writing before you. Mrs. Gordon: There is still a loop hole in this--- these amendments. Mayor Ferre: The roll call is being called Mrs. Gordon, you can vote or "no". Mrs. Gordon: I'm going to read you Mason'a Rules of Order Mr. Ferre. ;Apparently you are not familiar with the rules of order. I will read it to you so you will be familiar with it. Mayor Ferre: Mrs. Gordon you are out of order, we are in the middle of a ro11 call. You can make a statement before you vote and then you vote. Now, make your statement and cast your vote. J1, Make your statement and cast your vote Mrs. Gordon. 1 will give you a reasonable time to do that. Mr. Plummer: Hey, Rose? Mrs. Gordon: I'm finding the rule in the Mason Rules so that'I can educate Mr. Ferre to parliamentary procedure. Mr. Plummer: Rose, did you ever see Plummer rules of order? Mayor Ferre: Mr. Carter is amazed, this doesn't happen in Nottingham. That's for sure, isn't it? Mrs. Gordon: Under ordinary conditions one thing in here it says. "Under ordinary conditions the authority of the presiding officer: is derived totally from the body itself. Mayor' Ferre: Mrs. Gordon, you are out of order. Mrs. Gordon: The presiding officer is a servant of a body, to declare it's will and to obey it's command. Mayor Ferre: Mrs. Gordon, you are out of order. Mrs. Gordon, you are out of order, cast your vote and then you can...'I will recognize you to make your statement. Mrs. Gordon: Presiding officer may not limit or close debate except as authorized by the rules or as required by the previous question... Mayor Ferre: Mrs. Gordon, I repeat one more time that you are out of order. Mrs. Gordon: ... or by a motion duly approved by the body. Mayor Ferre: The Chair instructs the City Clerk to continue reading the roll call and by pass Mrs. Gordon. Mrs. Gordon: The Mayor needs to be educated in parliamentary procedure. Obviouslyhe doesn't understand it or hasn't studied it. (MR. ONGIE CONTINUES THE ROLL CALL PER MAYOR FERRE'S REQUEST) Mrs.` Gordon: You didn't call me. We don't have a dictator here you know, all we have is a puppet sitting the the middle there. Mayor Ferre: You want to be recorded vote. You have a Chairman who is calling the rules as provided under our guidelines. Now, if you wish to vote cast you vote Mrs. Gordon. Mrs. Gordon: I cast my vote affirmatively with the comment that the Mayor is still looking for a loop hole so when he is no longer Mayor he can send his legal representative here to plead a case and get the kind of favors he hopes to get from the Commission. Apparently that is what he is looking for. Mayor Ferre: Are you finished with your statement Mrs. Gordon? Mrs. Gordon: That you refused to allow the inclusion of the closing of the loop hole regarding representatives of City officials. There is nothing further I can do about it at this time. Mayor Ferre: °Alright, does that conclude your statement Mrs. Gordon? 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 COM- MISSION." BY ADDING TWO SUBSECTIONS THERETO TO INCLUDE THE FAMILY MEMBERS OF CITY OFFICERS, OFFICIALS AND EMPLOYEES, TO WHOM A PROHIBITION gl OCT '9 AGAINST CONTRACTUAL OR BtiSINESS DEALINGS•IS APPLICABLE, AS WELL AS A PROHIBITION AGAINST APPEARANCES IN REPRESENTAT10:: OF THIRD PARTIES BEFORE THE CITY COMMISSION; FURTHE., EXTENDING THE SAID PROHIBITION UPON SUCH ACTIVI1. FOR A PERIOD OF TWO YEARS AFTER THE OFFICER, OFFICIAL OR EMPLOYEE HAS LEFT CITY SERVICE OR TERMINATED CITY EMPLOYMENT; CONTAINING A SEVERABILITY PROVISION. Lacasa and passed on its first reading by title by AYES: the fallowing vote: Was introduced by Commissioner Plummer and seconded by, Commissioner Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Com mission and to the public. 19. FIRST READING ORDINANCE: AMEND SECTION 2-103 OF THE CODE: ACCEPTING GIFTS ETC. FROM PERSONS CONTRACTING WITH THE CITY. Mayor Ferre: Mr. Plummer: Mayor Ferre:, Mr. Plummer: Alright, Mr. Plummer,... Yes, sir? ... I pass the Chair to you and I make the following motion.' I got it. Pass the chair? Mayor Ferre: I pass the gavel to you, Chairman of this Board for thirty seco amending Section 2-103 of the Code of gifts, etc., from persons, contracts, an ordinance. which means the Chair. You are now nds. I move you sir, that an ordinance the City of Miami entitled "Accepting etc., be, put into the... I move it as Mr. Lacasa: Second. Mrs., Gordon: You get to move it as an ordinance or do you have to have an ordinance read? Mayor Ferre: After the motion and the second is made, the Chair if you will sir, would you instruct the City Attorney to read the ordinance. Mr. Plummer: Read the ordinance City Attorney you are instructed. Mrs. Gordon: Are we on discussion now on the ordinance? Mayor Ferre: Mr. Chairman? Mr. Plummer: 'Yes, sir? Mayor Ferre: T think Mrs. Gordon... Mr. Plummer: You have a request? Mrs. Gordon: Are we on discussion now? gl OCT :3:1919 Mr. Plummer: Have been Mrs. Gordon. Mrs. Gordon: Ok. Will this... Mr. Knox, will this prevent, ok, the conditions that have been existing which permitted Mr. Ferre to feel that he doesn't have a conflict when he has received sums of money from the firm of general partner Earl Powell and other members of the firm of Peat, Marwick and Mitchell for so far in 1979 his records reflect eighteen hundred dollars and eight hund:..L: dollars in 1977. Will this now prevent any member of this Commission to receive campaign contributions. such as that one that I just delineated? Will this do that or not? Mr. Plummer: Mr. Knox, answer the question. Mr. Knox: Under this ordinance the question would have to be first of all whether or not Mr. Ferre is a reasonably prudent person, second of all whether or not the acceptance of these contributions would influence him in the discharge of his official duties and second whether the acceptance of these contributions was based upon any understanding or agreement that would impair his vote, official action or judgement in his official capacity. Mrs. Gordon: In other words, it doesn't close the loop hole. The loop hole is still there and can be--- campaign contributions can continue to be used. as payoffs for favors. Is that what you are saying? Mr. Knox: I'm saying that a court will probably have to determine whether or not a contribution is being used as a payoff for favors. This ordinance prohibits payoffs for favors. Mrs. Gordon: Would this also prevent the situation which existed when Restaurants Associates ran into problems in trying to renegotiate their Miamarina Restaurant Lease with the City and they hired Richard Knight to lobby with the City for them and Knight's firm national project which has as it's President Steven Ross who gave a thousand dollars in 1977 and 1979 and Ferre admitted to the press having met secretly with Knight and Joe Grassie on December 14, 1978 when Ferre voted to begin negotiations with Restaurant Associates on January 18, 1979 and he moved and voted to negotiate on the basis of certain agreed upon specifications. And on February 22, 1979 when he voted for an amendatory agreement with them, would this kind of actions be prevented by these amendments to this ordinance? Mayor Ferre: Why don't you submit the whole thing into the record, that memorandum that was written for you by... Mrs. Gordon: whether or not this kind of conflict will be prevented or is there still a loop hole in the law. Mr. Knox: If that set of events led to and influencing of any official decision, vote or the exercise of independent judgement by any of the elected officials, employees, then the ordinance would have been violated. Mrs. Gordon: Now, Mr. Knox can you tell me whether or not the Election and Ethics Committee now have a restriction on collection of campaign contributions from people who do business with the City. Mr. Knox: There is a State Statute which has been tracked by Subparagraph "B", Subparagraph 1 and 2 of this ordinance. This is the State law with respect to conflicts of interest and contributions as they exist. Mrs. Gordon: Well, since the State law already specified apply to this year's election? Mr. Knox: Yes,_ Ma'am. Mrs. Gordon: Well, wouldn't you say that anyone receiving campaign contributions under the regulations that we have just described, under the conditignc .:C have this wouldn t that just described would have to answer the question of whether or not there is a influence in the discharge of official duties, is that in the State law the same way? Mrs. Gordon: And wouldn't that person have to say tit there has, is or is not that condition which pretains to this Conflict of Interest since it's already a law and not only a proposed law in the City of Miami? Mr. Knox: If a court were to entertain jurisdiction over an those activities, the person would be required to respond.' Mrs. Gordon: I would then have to ask you, Maurice Ferre whether or not you feel you have had any kind of a conflict of interest in accepting the amount of contributions you accepted from Peat, Marwick and Mitchell and they have had over three hundred thousand dollars in contracts with the City. Mayor Ferre: Does the Chair recognize me to answer the question? Mr. Plummer: Sure, why not. Mayor Ferre: Alright, I expect not to be rudely interrupted as I usually am by Mrs. Gordon the statement that I'm about to make._ Mrs. Gordon: Answering' the question or making another statement? Mayor Ferre: Will the Chair recognize me to answer Mrs. Gordon's question? Mr. Plummer: The Chair recognizes you. Mayor Ferre: Mrs. Gordon started our her campaign by saying, there two principles that she would adhere to in her asperations to become Mayor of the City of Miami. One is that she would not run a negative campaign and the other was that she wasn't going to buy a seat in reference to my raising what I said would be over a hundred twenty-five thousand dollars in this campaign. Of the hundred thousand dollars Mrs. Gordon has reported a substantial amount of that money has been given to her by employees. These employees are for Mrs. Gordon because she is tied into the Pension System and she is obviously the champion of this ripoff that we have had called the "Retirement Fund" and that's why we need pension reform in this City. I don't think that the statements made by Mrs. Gordon are anything other than blatant, demagogic, Political foolishness. Mr. Plummer: Call the roll. Mrs. Gordon: You didn't answer the question Mr. Ferre. Mayor Ferre: I absolutely did answer the question. Mrs. Gordon: You did not. You didn't say whether or not you feel you had .any kind of a conflict in accepting that much money from Peat, Marwick and Mitchell or whether there was any conflict with your daughter's husband working for Peat, Marwick and Mitchell. You haven't answered those questions and I asked you for an answer. Mr. Plummer: Through the Chair. Mayor Ferre: I have answered those questions, Mr. Chairman. Mrs. Gordon: You have evaded the question. You have answered in a roundabout way and since you stated facts that weren't asked of you, I''will state that for the record, for the record, over one thousand people have contributed from my campaign. You can't take that much pride in your own statements because only about one fourth of that number have contributed to you and many of your contributions are of the thousand dollar category and almost, I'm not saying what percentage of those, but a good percentage of those are the people who have been doing business with the City of Miami. Mr. Plummer: Mr. Ferre, you wish to answer? Mayor Ferre: I think I have answered. OCT ,3 :. 1979 Mr. Plummer: Any further questions, any further discussion, hearing none, 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 CONTAINING 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 PRUDENT PERSON TO BE INFLUENCED IN THE DISCHARGE OF OFFICIAL DUTIES OR THAT IS BASED UPON ANY UNDERSTANDING THAT THE VOTE, OFFICIAL ACTION, OR JUDGEMENT OF THE CANDIDATE WOULD BE INFLUENCED BY SUCH THING OF VALUE; CONTAINING A SEVERABILITY CLAUSE. Was introduced by Commissioner Ferre and seconded by Commissioner Gordon and passed on its first reading by title, by the following vote: AYES: Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Com- mission and to the public. Mayor Ferre: Alright, we are now on the Consent Agenda. Mr. Plummer: I move that it be passed after you read the paragraph. Mr. Lacasa: Second. Mayor Ferre: The Consent Agenda will be... there is a motion and a second on the Consent Agends comprising of Item 16 thru 19. Mr. Plummer: Before the vote on adopting items... Mayor Ferre: Before a vote on adopting items included in the Consent Agenda is taken, is there anyone present who is an objector or a proponent that wishes to speak on any item in the Consent Agenda? Hearing none,... Mrs. Gordon: Wait a minute. Mayor Ferre: You are supposed to do your homework before. Mrs. Gordon: On the Consent Agenda I would like to talk about #17. Mayor Ferre: Alright, pull out Item 17. Other than 17 are there any problems on the rest of the Consent Agenda? If not is there a motion? gl 4O 0i, i > iy/9 v. Mr. Plummer: Thereia alreay a motion. Mayor Ferre: Moved by Plummer, is there a second? Mr. Lacasa: Seconded by me. Mayor Ferre: Seconded by Lacasa, further discussion u.. Item 16, 18, and 19? Ca11 the roll. The following resolutions were introduced by Commissioner Plummer, seconded by Commissioner Lacasa and passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. 20.1 ACCEPT BID: J & G ASSOCIATES, INC. - COMPUTER OFFICE RENOVATIONS. RESOLUTION NO. 79-739 ARESOLUTION ACCEPTING THE BID OF J & G ASSOCIATES, INC. IN THE AMOUNT OF $30,072.00, THE BASE BID OF THE PROPOSAL, FOR COMPUTER OFFICE RENOVATIONS - MMPD; WITH MONIES THEREFOR ALLOCATED FROM THE "DEPARTMENT OF COMPUTERS AND COMMUNICATIONS BUDGET"; WITH ADDI- TIONAL MONIES ALLOCATED FOR PROJECT AND INCIDENTAL EXPENSES FROM AFORESAID FUND; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. 20.2 AUTHORIZING INCREASE IN THE SCOPE OF THE CONTRACT FOR THE EDISON LITTLE RIVER, COMMERCIALCENTER C. D. BEAUTIFICATION - PHASE I, NOT TO EXCEED $6,500. RESOLUTION NO. 79-740 A RESOLUTION AUTHORIZING AN INCREASE IN THE SCOPE OF THE CONTRACT IN AN AMOUNT NOT TO EXCEED $6,500 FOR THE EDISON- LITTLE RIVER COMMERCIAL CENTER C. D. BEAUTIFICATION - PHASE I; ALLOCATING THE ADDITIONAL AMOUNT OF S6,500 FROM THE 2ND YEAR FEDERAL COMMUNITY DEVELOP- MENT BLOCK GRANT FUND. 20.3 ACCEPTING COMPLETED WORK: P. N. M. CORPORATION - COCONUT GROVE BUSINESS AREA HIGHWAY IMPROVEMENT (2ND BIDDING) - BID "C" (DRAINAGE). RESOLUTION NO. 79-741 A RESOLUTION ACCEPTING THE COMPLETED WORK OF P.N.M. CORPORATION FOR THE COCONUT GROVE BUSINESS AREA HIGHWAY IMPROVEMENT (2ND BIDDING) - BID "C" (DRAINAGE) AT A TOTAL COST OF $92,167.43; AUTHORIZING AN INCREASE IN THE CONTRACT IN THE NET AMOUNT OF $3,403.29; AND AUTHORIZING A FINAL PAYMENT OF $14,935.97. gi �41 OCT ;919 1' 21. ACCEPT BID: DINNER KEY SOUTH MOORING AREA Mayor Ferrel Alright, on Item 17, Mrs. Gordon. Mrs. Gordon: Mr. Grassie, will you speak to Mr. Grassie: Mr. Mayor and members of the City Commission, if you will remember the review that the City Commission had about six months ago of a proposal prepared by staff and approved by the Users Committee and also the Waterfront Board to expand marina facilities at Dinner Key, one of the things that was proposed to you in which you approved was the addition of approximately ninety moorings in the area immediately outside of the current slip dockage for ' What this does then is provide the contracts so that those facilities can be built, can be cast and placed in the marina. We would have an additional eighty-nine mooring places for rental by the City. Mrs. Gordon: Is there any problems at all with regard to State permits or any other kind of permits that might be needed for this kind of work to be done? Mr. Grassie: The Public Works Department has already looked into that Commissioner and that there are no problems of that type, no. Mrs. Gordon: There are none, ok, fine. Mayor Ferre: Alright, is there a motion on Item 17? Mr. "Plummer: Move it. Mr. Lacasa: Second. Mayor Ferre: It's been moved by Commissioner Plummer, seconded by Commissioner Lacasa, further discussion, call the roll on 17. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 79-742 A RESOLUTION ACCEPTING THE BID OF EBSARY FOUNDATION COMPANY IN THE AMOUNT OF $42,900, THE BASE BID OF THE PROPOSAL, FOR THE DINNER KEY - SOUTH MOORING AREA: WITH MONIES THEREFOR ALLOCATED FROM THE "RESERVED FOR IMPROVEMENTS - DINNER KEY MARINA"; WITH ADDITIONAL MONIES ALLOCATED FOR PROJECT AND INCIDENTAL EXPENSES FROM AFORESAID ACCOUNT; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: NOES: None. gi Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore R. Gibson ViceMayor J. L. Plummer, Jr. Mayor Maurice A. Ferre i42 OCT . + 1979 lir Mayor Ferre: Mr. Urra and Mr. Rodriguez, would you step forward please. I have a presentation that I'm going to make to you in a moment Mr. Rodriguez, but Mr. Urra has requested that seventeen thousand dollars be transferred... now, I can't do but one thing at a tima. Is Dena Spillman here? 22. ALLOCATE $10,000 C.D. FUNDS-5Tk YEAR ALLAPATTAH COMMUNITY ACTION, INC. (ELDERLY SERVICES) Mayor Ferre: Dena, with regards to the Hot Meal Program in the Allapattah area, would you address that issue please? Ms. Spillman: Yes, as of June of 19-- of this year ten thousand dollars had been set aside in the Community Development BlockGrant Program for the Allapattah area for a Crime Prevention Program. We have worked with two different agencies and could not come up with a viable program and we have since been working with the Police Department and find that we have a much closer working relationship with them. We took this the Allapattah Advisory Board in September and their recommendation was that the money be set aside• for use by the Allapattah Community Action Incorporated for an elderlyhot meals program at the Allapattah Community Center. Because the Board.approved, it and because there is a need in the neighborhood we are recommending that these funds that were already set aside be utilized for this program. Mayor Ferre: Is that what is in the supplemental agenda? Ms. Spillman: I don't... I guess. Mr. Grassie: Yes, it is. Mayor Ferre: Alright, is there a motion? Mr. Plummer: So move. Mr. Lacasa: Second. Mayor Ferre: Is there a second? Alright, call the roll. The following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO.`79-743 A RESOLUTION ALLOCATING $10,000 OF COMMUNITY DEVELOPMENT FUNDS FROM 5TH YEAR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT' FUND TO ALLAPATTAH COMMUNITY ACTION, INC. FOR ITS ELDERLY SERVICES COMPONENT FOR THE CONTRACT PERIOD COMMENCING UPON THE RELEASE OF FUNDS FOR THIS PROJECT BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND ENDING JUNE 30, 1980; AND FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENT WITH SAID AGENCY. (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: NOES: None. gl Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore R. Gibson ViceMayor J. L. Plummer, Jr. Mayor Maurice A. Ferre OCT 3 .1979 23. APPROVE PREMIUM FUNDING PROPOJAL FULL SYSTEM. DOWNTOWN PEOPLE MOVER. Mayor Ferre: We have three additional motions, what are they please? Mr. Grassie: The first one is on the funding for the D.P.M. which you approved in principle this morning. Mr. Plummer: Move it. Mayor Ferre: Alright,... Mrs. Gordon: For the what? Mayor Ferre: A resolution approving the attached premium funding proposal` for implementing the full system of the Downtown People Mover Project with_ therefor from the Florida Power and Light Franchise Tax, with the City 's funding share not to exceed 9.9 million dollars. Moved by Plummer, is there a second? Mr. Lacasa: Second. Mayor Ferre: Seconded by Lacasa further discussion? Mrs. Gordon: May I have a copy of whatever it is you are moving? Mayor Ferre: Mrs. Gordon, you have all those papers in front of you, if you would pay more attention to what's going on you could... well, ok, go ahead. Mrs. Gordon: Don't get upset Maurice. Mayor Ferree Well, read it and let's `go. Call the roll. ON ROLL CALL: Mrs. Gordon: I'm sorry, I needed to ask a question and I didn't. Am I precluded from asking a question? mayor Ferre: Yes,...' no, go ahead and ask your. question. Mrs. Gordon: The 9.9 million dollars from the FP&L Franchise Tax Mr. Grassie, will you please tell me how we are going to be able to spare 9.9 million dollars? Mr. Grassier Well, there are two parts to the answer Commissioner, one is that the commitment would be speed over a four year period because of the cash flow requirements of the project itself, so that you would not have to make the commitments all at once. But the other part of the question and one that will have to be considered seriously by the City Commission is that any operating obligations that have in the past been placed against the FP&L would have to be reconsidered in future budgets and we are going to have to relieve those funds and make sure that we have them available, that they are not occupied with current operating expenses and that they are available for this purpose. Mrs. Gordon: But the thing is this, isn't there another way of obtaining this money besides taking it out of monies that we need to operate the City, you know, will there be revenue produced by the People Mover to return this kind of money to the City? Mr. Grassie: No, there certainly will not Commissioner. The -system will` operate at a deficit and the County will be responsible for meeting that deficit, but they certainly would not have additional funds available to repay capital investment. Mrs. Gordon: And does it require, is it mandatory that we, contribute this sum? gl 144 OCT } 1979 Mr. Grassie: Well, it is a condition precedent to your receiving the federal grant. In that sense it is mandatory. If you do not care about getting the federal grant, of course, you would not have to do it. Mrs. Gordon: I'm talking about the City has to make this almost ten million dollar contribution? Is it mandatory for the City r can this be obtained from the County or from the State or... I know they have to make contributions, but is it mandatory that the City also make a contribution? That's what I'm asking you. Mr. Grassie: Yes, it is mandatory that the local unit of goverment make a contribution. As you know, the County is scheduled for a twenty-five million dollar contribution and the State of Florida for a sixteen point five million dollar contribution. Mrs. Gordon: Is there any other way of raising this money? Mr. Grassie: Not that I'm aware of, unless you were to introduce new legislation which would cover a new source of income. Mrs. Gordon: Well,... this is a resolution. How binding is it upon this Commission? } Mr. Grassie: Well, it is a resolution which is going to be presented to the federal government along with similar actions by the County and the State and it indicates your governmental commitment to come up with that portion of money against the offer which is going to be made by the federal government of their ninety-four million dollars. Mrs. Gordon: What is the time table, please just answer that? When does this have to begin to be taken out of our Florida Power and Light Franchise monies? Mr. Grassie: The first disbursement would probably be one year from December of this year. Mayor Ferre: Four hundred Mr. Grassie: dollars. Mrs. Gordon: Mayor Ferre: Mrs. Gordon: Mayor Ferre: Mrs. Gordon: raise monies Mayor Ferre: Mr. Grassie: Mrs. Gordon: Yes, but tell her how much it's going to be the first year. thousand dollars. In the first year it would be approximately four hundred thousand Then how is it increased over four years? It goes to... the second year it would be a million dollars. And the third year. Three million dollars. Well, if in the interim period of time the City should decide to some other way, I mean nothing would preclude that would it? That's correct. No, the source of money is simply.: Alright, ok, then I will vote with it. The following resolution was introduced by Commissioner Plummer moved its adoption: gl RESOLUTION NO. 79-744 A RESOLUTION APPROVING THE ATTACHED PREMIUM FUNDING PROPOSAL FOR IMPLEMENTING THE FULL SYSTEM OF THE DOWNTOWN PEOPLE MOVER PROJECT WITH FUNDS THEREFOR ,FROM THE FLORIDA POWER AND LIGHT FRANCHISE TAX, WITH THE CITY'S FUNDING SHARE NOT TO EXCEED 9.9 MILLION DOLLARS. !. 5 who (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Lacasa, the ,lsolution was passed and adopted by the following vote: commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore R. Gibson ViceMayor J. L. Plummer, Jr. Mayor Maurice A. Ferre AYES: NOES: None. 24. URGE NATIONAL INSTITUTE OF MUNICIPAL LAW OFFICERS (NIMLO) TO HOLD THEIR CONFERENCE IN MIAMI IN 1982. Mayor Ferre: Alright, ladies and gentlemen we have a few things now, the resolution... what?... the resolution urging the National Institute of Municipal Office to hold there 47th conference here. Is there a motion? Rev. Gibson: Move. Mayor Ferre: Moved by Gibson, seconded by Lacasa, further discussion on the NIMLO resolution, call the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 79-745 A RESOLUTION URGING THE NATIONAL INSTITUTE OF MUNICIPAL LAW OFFICERS (NIMLO) TO HOLD ITS 47TH ANNUAL CONFERENCE IN THE FALL OF 1982 IN THE CITY OF MIAMI, FLORIDA; REQUESTING THE CITY ATTORNEY TO FORWARD A COPY OF THIS RESOLUTION, TOGETHER WITH HIS OWN FORMAL INVITATION, TO NIMLO; AND AUTHORIZING A MAXIMUM AMOUNT OF $25,000 TO BE SET ASIDE FROM THE CONTINGENCY FUND TO PROVIDE FOR CERTAIN EXPENDI- TURES AND COMMITMENTS INVOLVED IN HOSTING THE SAID NIMLO CONFERENCE. (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 Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore R Gibson ViceMayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. gi OCT i 1979 NOS 25. URGE FAVORABLE CONSIDERATION BY PLANNING ADVISORY BOARD: FAMILY DAY CARE CENTERS IN RESIDENTIAL UNITS. Mayor Ferre: A resolution urging a favorable consideration by the City Planning Advisory Board, what is this? Mrs. Gordon: I move that Mr. Mayor. It's directing the Planning Advisory Board to study the ordinances or to come up with ordinances on the Day Care.. is that what you are reading from? Mayor Ferre: Yes. Mrs. Gordon: Ok, I don't have a copy of it, they didn't hand me one and don't say I have it among a bunch of papers, I just don't have it. Mayor Ferre: You have one now. Mrs. Gordon: Ok, this should be directed to the Planning Advisory Board for study and recommendation to this Commission, 1 so move. Mayor Ferre: Had the rest of the Commission seen this? Mr. Grassie: Yes, it was distributed with the supplementary agenda, Mayor. Mrs. Gordon: We took this up at the last Commission Meeting. Mr. Plummer: Well, let me ask, is it to study Rose? Mrs. Gordon: Yes. Mr. Plummer: Ok, fine, I don't have to see it to study it. I'm sure that it is being proposed at the best interest and I second the motion. No, I'm running for that next year Mr. Grassie: Just to make sure that we are talking about the same thing. Commissioner Gordon, we are talking about the provisions which have to do with Day Care in private homes. Mrs. Gordon:Yes read it. Mr. Grassie: This was approved by the City Commission as a motion` in your last meeting. Mayor Ferre Yes, we... it's a question of having Day Care in private homes... Mrs. Gordon: This is a... let me explain it to you. Mr. Plummer: Understand, but it's a --- to do a study on, not to approve it. Mayor Ferre: I'm all in favor of it, I think it's a great idea Rose. Alright,... Mrs. Gordon: This is a takeoff on the Dade County ordinance which has been adopted`I believe. Mayor Ferre: It's been moved and seconded by Plummer, further discussion on this resolution, call the roll please. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 79-746 A RESOLUTION URGING A FAVORABLE CONSIDERATION BY THE, CITY PLANNING ADVISORY BOARD OF THE ATTACHED PROPOSED ORDINANCE AMENDATORY TO gl OCT s 1979 IMP ORDINANCE N0. 6871, EFFECTIVE JUNE 2, 1961, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED: "AN ORDINANCE AMENDING O1DINANL- NO. 6871, EFFECTIVE JUNE 2, 1961, THE 'flM PREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, FLORIDA, AS AMENDED BY AMENDING SUBSECTION 1-8 OF ARTICLE V OF SAID ORDINANCE ENTITLED: 'ARTICLE V- ONE FAMILY DWELLING - R-1, R-lA, R-1B DISTRICTS' THROUGH THE ADDITION OF A NEW PARAGRAPH THERETO CONTAINING PROVISIONS WHICH ALLOW PROPERTY IN -DISTRICTS R-1, R-1A, R-1B TO BE USED IN CONDUCTING THE HOME OCCUPATION ACTIVITY OF A FAMILY DAY CARE CENTER FOR CHILDREN AND A FAMILY AFTER -SCHOOL DAY CARE CENTER FOR CHILDREN; PROVIDING THAT THE TOTAL NUMBER OF CHILDREN LIVING ON THE PREMISES DOES NOT EXCEED FIVE (5) IN NUMBER INCLUDING THE CHILDREN OF THE RESIDENT FAMILY; PROVIDING THAT THE AGE OF SUCH CHILDREN DOES NOT EXCEED ELEVEN (11); PROVIDING THAT APPROVAL IS FIRST SECURED FROM THE HEALTH AND FIRE DEPARTMENTS AND FROM THE FLORIDA DEPART- MENT OF HEALTH AND REHABILITATIVE SERVICES; PROVIDING COMPLIANCE WITH EDUCATIONAL AND CHILD CARE FACILITY REQUIREMENTS OF THE CODE; REQUIRING A CERTIFICATE OF OCCUPANCY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE."; FURTHER DIRECTING THE CITY CLERK TO FORTHWITH FILE THE HEREIN RESOLUTION WITH SAID BOARD. (Here follows body of resolution, omitted in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, passed and adopted by the following vote: Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore R. Gibson ViceMayor J. L. Plummer, Jr. Mayor Maurice A. Ferre 26. PRESENTATION TO MR. ISIDORO RODRIGUEZ Mayor Ferre: At this time I would like to ask Mr. Isidoro Rodriguez to step forward and we have a presentation to make to him. Mr. Rodriguez who is a prominent businessman in the Allapattah area and in this community along with the Latin Chamber of Commerce did a magnificent job. I was worried about his health because I saw that man standing up until 2, 3 O'clock in the morning raising money and food and medicine for the devastated children and people in the Dominican Republic and it's my pleasure to make this presentation. (THE MAYOR SPEAKS IN SPANISH). gl .. 48 OCT ,_i , 1979` ,r► And I understand 27. BRIEF APPEARANCE: WALTER MARKS RE: PENSION Mayor Ferre: No, we have Walter Marks. Walter would you step forward and bring this Commission.up to date on the discussion we have had in reference to the pension. Mr. Walter Marks: Mr. Mayor, this noon we met with members of the City Manager's staff and: we should have this worked out in the next few hours. Mayor Ferre: The problem is Walter that we won't be in session now until November the Sth. Now, I -will be happy to wait and come back if you want in a couple hours. If there is a problem. But what you are saying that we don't need to deliberate on it, that's something that you can work out is that it? Mr. Marks: Yes, sir, I have talked to the Manager's staff and we are working it out. Mayor Ferre: Well, thank you, very much. Best wishes to you. you have decided to go with Metropolitan Dade County. Mr. Marks: Yes, sir. Mr. Plummer: My condolences. Mrs. Gordon: My congratulations. 28. APPOINT EDMUND HENRY TO LIBRARY ADVISORY BOARD. Mayor Ferre: Wait a moment, wait a moment, Rose and J. L., Helen Muir recommends that we appoint' Edmund Hennery. Do you know the guy? Mr. Plummer: But I know Helen Muir and if she recommends that's for me. Mayor Ferre: Is there a motion for the vacancy in the library? Mr. Plummer: Move it. Mayor Ferre: Moved by Mrs. Gordon, seconded by Mr. Plummer, that Mr. Edmund Henry be appointed to be our representative on the vacancy in the Library Board. Edmund Henty recommended by Mrs. Helen Muir. The following motion was introduced by Commissioner Gordon, who moved its adoption: good enough MOTION NO. 79-747 A MOTION APPOINTING MR. EDMUND HENRY AS THE CITY OF MIAMI'S REPRESENTATIVE TO THE VACANCY ON THE METROPOLITAN DADE COUNTY PUBLIC LIBRARY ADVISORY BOARD. Upon being seconded by Commissioner Plummer, the motion was ` passed and adopted by the following vote - AYES: Commissioner Rose Gordon S1 '49 OCT MAURICE A. FERRE MAYOR Commissioner Armando Lacasa. Commissioner (Rev.) Theodore Gibson Vice -Mayor J L. Plummer, Jr. Mayor Maurice A. r^rre 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 3:10 O'clock P.M. ATTEST: RALPH G. ONGIE CITY CLERK MATTY HIRAI ASSISTANT CITY CLERK gl DOCUMENT INDEX MEETING DATE: October 31, 1979 ■ ITEM NO• DOCUMENT IDENTIFICATION COMMISSION I ACTION RETRIEVAL CODE NO. 11 12 13 COMMISSION AGENDA AND CITY CLERK REPORT AMENDING SECTION 2-103 OF THE CODE OF THE CITY OF MIAMI CREATING A NEW DEPARTMENT TO BE KNOWN AS THE DEPARTMENT OF TRADE & COMMERCE DEVELOPMENT, PROVIDING FOR THE APPOINTMENT OF A DIRECTOR BY THE CITY MANAGER AMENDING SECTION 2-102 OF THE CODE OF THE CITY OF MIAMI AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EX- CEED $30,000 FOR LEGAL SERVICES RENDERED IN CONNECTION WITH THE CASE OF JOSEPH COOK V. CITY OF MIAMI ACCEPTING THE BID OF AVANT CONSTRUCTION COM- PANY, INC. IN THE PROPOSED AMOUNT OF $1,054,000, THE TOTAL BID OF ITEMS A AND C OF THE PROPOSAL, FOR THE SOLID WASTE FACILITY AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY AND EVELIC LEY & ASSOCIATES, INC. REVOKING CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY NO. C-421 FOR RAILURE OR NEG- LECT FOR AN EIGHT MONTH PERIOD DURING A CALEN- DAR YEAR TO RENDER THE FULL SERVICE AUTHORIZEI BY THE CERTIFICATE ACCEPTING THE BID OF J&G ASSOCIATES, INC AUTHORIZING AN INCREASE IN THE SCOPE OF THE CONTRACT IN AN AMOUNT NOT TO EXCEED $6,500 FOR THE EDISON-LITTLE RIVER COMMERCIAL CENTER C.D. BEAUTIFICATION -PHASE I ACCEPTING THE COMPLETED WORK OF PN.M. CORP- ORATION FOR THE COCONUT GROVE BUSINESS AREA HIGHWAY IMPROVEMENT -BID "C" ACCEPTING THE BID OF EBSARY FOUDATION COMPANY IN THE AMOUNT OF $42,900 THE BASE BID OF THE PROPOSAL, FOR THE DINNER KEY- SOUTH MOORING AREA ALLOCATING $10,000 OF COMMUNITY DEVELOPMENT FUNDS FROM 5TH YEAR FEDERAL COMMUNITY DEVELOP MENT BLOCK GRANT FUND TO ALLAPATTAH COMMUNITY ACTION, -INC R-79-734 R-79-735 R-79-736 R-79-737 R-79-739 R-79-740 R-79-741 R-79-742 R-79-743 0029 0030 0031 0032 79-734 79-735 79-736 79-737 79-739 79-740 79-741 79-742 79-743 /DOC U 10111ENTiNDEX 14 APPROVING THE ATTACHED PREMIUM FUNDING PRO - IV NO., DOCUMENT IDENTIFICATION LOSS '1 „ CONTINUEDIroA.L POSAL FOR IMPLEMENTING THE FULL SYSTEM OF ACTION THE DOWNTOWN PEOPLE MOVER PROJECT WITH FUNDS THEREFOR FROM THE FLORIDA POWER AND LIGHT FRANCHISE TAX. 15 URGING THE NATIONAL INSTIUTE OF MUNICIPAL LAW OFFICERS TO HOLD ITS 47TH ANNUAL CONFE- RENCE IN THE FALL OF 1982 IN THE CITY OF MIAMI 16 URGING A FAVORABLE CONSIDERATION BY THE CITY PLANNING ADVISORY BOARD OF THE ATTACHED PRO- POSED ORDINANCE AMENDATORY TO ORDINANCE NO. 6871, EFFECTIVE JUNE 2, 1961 R-79-744 R-79-745 R-79-746 79-744 79-745 79-746