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HomeMy WebLinkAboutCC 1979-10-17 MinutesCITY OF MIAMI COMMISSION MINUTES MEETING HELD ON October 17, 1979 (REGULAR) PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL CI� ENO. (REGULAR) October 17. 1979 ACT tINANCE OR OWTION MOB PAGE NO. 1 2 3 4 5 6 7 8 9 13 14 15 16 17 CONFIRMATION OF ORANGE BOWL AGREEMENT ,TEMPORARY DEFERRAL FAMILY DAY CARE CENTERS - INSTRUCT CITY ATTORNEY TO PREPARE LEGISLATION SIMILAR TO THAT OF DADE COUNTY SECOND READING ORDINANCE: AMEND 38-16 OF THE CODE - INCREASE FEE FOR IDENTIFICATION CARDS SECOND READING ORDINANCE: ESTABLISH AUTHORITY TO DEPOSIT & DISBURSE INTEREST FROM MONIES IN CUSTODY OF POLICE DEPARTMENT: CONVERT UNCLAIMED MONIES FROM ESCROW INTO GENERAL FUND. SECOND READING ORDINANCE: ESTABLISH $5.00 FEE FOR SPECIAL OFF -DUTY POLICE SERVICES PERFORMED UNDER CONTRACT WITH PRIVATE PERSONS OR FIRMS. SECOND READING ORDINANCE: AMEND 54-3 OF THE CODE - PROVIDE FOR $15.00 FEE TO OBSTRUCT STREETS. SECOND READING ORDINANCE: "BURGLARY & ROBBERY ALARM ORDINANCE" SECOND READING ORDINANCE: AMEND 54-6 OF THE CODE - PROVIDE $15.00 PERMIT FEE FOR PARADES AND PROCESSIONS. DEFERRAL: AMEND 43-8 OF THE CODE BY INCREASING POLICE DEPARTMENT FEES FOR TAKING & FURNISHING OF FINGERPRINTS, PHOTOGRAPHS AND NOTARIZATION OF SIGNATURES. EXPRESS DEEPEST SYMPATHY AND CONDOLENCES TO THE FAMILY OF LOUIS WOLFSON, II. CONFIRMATION OF THE REAPPOINTMENT OF MITCHELL WOLFSON TO THE OFF-STREET PARKING BOARD. SECOND READING ORDINANCE: APPROVE APPROPRIATIONS FOR THE DEPT. OF OFF-STREET PARKING FOR FISCAL YEAR 79-80 SECOND READING ORDINANCE: APPROVE EXPENDITURES REQUIRED BY DEPARTMENT OF OFF-STREET PARKING FOR OPERATION OF GUSMAN HALL AND THE OLYMPIA' BUILDING FOR FISCAL YEAR 79-80. TRANSFER CITY'S INTEREST IN OFF-STREET PARKING GARAGE NO. 2 TO THE OFF-STREET PARKING AUTHORITY FOR SALE AUTHORIZE OFF-STREET PARKING AUTHORITY TO TAKE NECESSARY STEPS PREPARATORY TO ISSUING PARKING FACILITIES REVENUE BONDS. NAME. PARKING GARAGE NO. 5 IN HONOR OF THE LATE LOUIS WOLFSON II. PERSONAL APPEARANCE OF ERNIE FANNATTO REGARDING MANAGEMENT OF CITY EMPLOYEES' PENSION FUNDS. or DISCUSSION M-79-677 ORD. 8992 ORD. 8993 ORD.8994 ORD. 8995 ORD. 8996 ORD. 8997 DISCUSSION R-79-678 R-79-679 ORD. 8998 ORD.8999 R-79-680 R-79-681 M-79-682 DISCUSSION 12-13 13 13 14 15-16 16 17 18 19 19-20 21-26 26-29 29-32 32-34 CI1 ""4'SSI f' ' IAME A RIM (REGULAR) OCTOBER 17, 1979 ITEM ND, SUBJECT ILIOLUT1ON INANCE O�j PAGE NO, i 18 PERSONAL APPEARANCE OF MR. DAVID TACKETT OF THE COCONUT GROVE MERCHANTS ASSOC., AND MS. LORRAINE PRINCE REGARDING TRAFFIC AND PARKING IN THE COCONUT GROVE BUSINESS DISTRICT. 19 DISCUSSION REGARDING PROPOSED APPROPRIATIONS ORDINANCE AND PROPOSED CUT -BACKS: PERSONAL APPEARANCE OF PAT KELLER AND OTHERS. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS. DEFERRAL: PROPOSED REVOCATION OF CERTIFICATE OF CONVENIENCE AND NECESSITY. DISCUSSION REGARDING PROPOSED APPROPRIATIONS ORDINANCE CONTINUED PERSONAL APPEARANCE BY JESSIE MCCREARY, GRACE ROCKAFELLAR AND CHIEF KENNETH HARMS REGARDING PROSTITUTION ORDINANCE. PERSONAL APPEARANCE OF ED CARHART, SPECIAL ATTORNEY REGARDING ADULT ENTERTAINMENT CENTERS PERSONAL APPEARANCE OF ATTORNEY JEROME H. WOLFSON REGARDING HOMER LANIER. DISCUSSION OF PROPOSED APPROPRIATIONS ORDINANCE FOR FISCAL YEAR 79-80 PRESENTATION OF A KEY TO THE CITY TO MR. WILLIAM J. BARODY CONTINUED DISCUSSION OF PROPOSED APPROPRIATIONS ORDINANCE FOR FISCAL YEAR 79-80; EMERGENCY ORDINANCE - FIRST READING ORDINANCE RE: PENSION EMERGENCY ORDINANCE: MILLAGE ORDINANCE, DEFINE TERRITORIAL LIMITS OF THE CITY OF MIAMI AND FIX MILLAGE. SECOND READING ORGINANCE: SUBSTITUTE NEW § 39-6 OF THE CODE, NAME "COCONUT GROVE EXHIBITION CENTER", INCREASE FEES FOR USE OF MUNICIPAL AUDITORIUM AND COCONUT GROVE EXHIBITION CENTER APPROVE OCTOBER 15, 1979 OFFICIAL STATEMENT FOR $6,750,000 BONDS OF THE CITY OF MIAMI, FLORIDA DATED NOVEMBER 1, 1979. FIX CERTAIN DATAILS CONCERNING $3,000,000 SANITARY SEWER SYSTEM BONDS, $1,750,000 FIRE FIGHTING AND FIRE PREVENTION AND RESCUE FACILITIES BONDS AND $2,000,000 STORM SEWER IMPROVEMENTS BONDS AND DIRECTING PUBLICATION OT NOTICE OF SALE. M-79-683 DISCUSSION PRESENTATIONS DISCUSSION M-79-684 DISCUSSION DISCUSSION DISCUSSION DISCUSSION DISCUSSION R-79-685 ORD.9000 ORD.9001 ORD.9002 R.-79.-686 R-79-687 EXTEND LEASE AGREEMENTS WITH SOCIAL SERVICE R-79-688 ORGANIZATIONS LEASING SPACE IN LITTLE HAVANA COMMUNITY CENTER 34-44 44-51 52 53-54 54-73 73-77 77-80 80 81-82 82 82-88 88-99 99-101 101-102 102-103 103-105 105-108 CI I �SSi � ' �Nll FIDRIDA (REGULAR) OCTOBER 17, 1979 PAGE #13 11111 NO. SUBJECT QRDINANCE OR t EESOWTION PAGE NO. 34 .RATIFY ACTION OF CITY MANAGER IN EXECUTING AGREEMENT WITH THE COCONUT GROVE BICYCLE CLUB, INC. FOR THE GREAT COCONUT GROVE BICYCLE RACE. 35 EDISON PARK POOL -SOLAR HEATING -AUTHORIZE INCREASE IN CONTRACT 36 37 37.1 37.2 37.3 37.4 37.5 37.6 37.7 38 39 40 41 AUTHORIZING THE MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND PORTER AND GREEN, • INC. FOR PORTSIDE CAFE CONSENT AGENDA: AMEND 79-588, ORDERING LYNDALE SANITARY SEWER IMPROVEMENT SR-5462 BY ADDING A PORTION OF S.W. 8 STREET ACCEPT COMPLETED WORK OF LGH CONSTRUCTION CORP. FOR FIRE STATION NO. 4 - BID "A" (DEMOLITION) ACCEPT COMPLETED WORK OF D.M.P. CORPORATION FOR NORTHERN DRAINAGE PROJECT E-44 ACCEPT COMPLETED WORK OF MET CONSTRUCTION,INC. FOR ORANGE BOWL -TICKET OFFICE RENOVATION-1978 ACCEPT DADE COUNTY'S PROPOSED STREET LIGHTING PLAN FOR S.W. 40TH STREET BETWEEN U.S. #11 AND S.W. 39TH AVENUE GRANT AWARD, RATIFY ACTIONS BY CITY MANAGER IN ACCEPTING GRANT FROM FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES -RECREATION PROGRAMS FOR THE MENTALLY RETARDED ALLOCATE $899,543 TO PREVIOUSLY APPROVED SOCIAL SERVICE AGENCIES: AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENTS. FIRST AND SECOND READING ORDINANCE: AMEND § 54-17 OF THE CODE, PERMIT FEES - STREET EXCAVATION, SIDEWALK REPAIRS, PAVING, ETC. FIRST AND SECOND READING ORDINANCE: AMEND § 2.82.2 AND 2-85 INCREASE FEES FOR SERVICES BY DEPARTMENT OF PUBLIC WORKS FOR PROCESSING OF COVENANTS AND PLATS FIRST AND SECOND READING ORDINANCE: AMEND CHAPTER 27 OF THE CODE, "LAND FILLS AND WATERFRONT IMPROVEMENTS: BY INCREASING FEES FIRST AND SECOND READING ORDINANCE: AMEND 8719 BY ESTABLISHING NEW TRUST AND AGENCY FUND "KWANZA" . FESTIVAL (3RD YEAR) AND APPROPRIATING $72,600 FOR ITS OPERATION R-79-689 109-110 R-79-690 110 R-79-691 110-113 113 R,79-692 114 R-79-693 114 R-79-694 114 R-79-695 114 R-79-696 114 R-79-697 115 R-79-698 115 ORD.9003 116 ORD.9004 117 ORD.9005 ORD.9006 118 119 r Fan PAGE #4 ACT QRDINANCE 0� tHESOUlTION PAGE NO. 42 43 44 45 PROVIDE FOR CITY'S VOTING DELEGATE AND ALTERNATE VOTING DELEGATE TO THE ANNUAL CONGRESS OF CITIES 'BEING HELD BY THE NATIONAL LEAGUE OF CITIES RECOMMEND THAT DADE COUNTY REGULATE THE PRIVATE SCHOOL BUS INDUSTRY COUNTY -WIDE. PUBLIC HEARING: BAY HEIGHTS TRAFFIC SURVEY PERSONAL APPEARANCE: MR. O'CONNERrT. CLARK (CULMER COMMUNITY DEVELOPMENT ADVISORY BOARD) R-79-699 R-79-700 M-7.9-701 MM79-702 DISCUSS • ION 120 122 127 127-133 133-135 MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF'MIAMI, FLORIDA *'**** On the 17th day of October,. the City.Commission of Miami; Florida at its regular.`meeting place in. the,City'Hall, 3500'PanAmerican Drive Miami, Florida in regular. session. The meeting was called to order at 9:15 O'Clock A.M. by Mayor Maurice A. Ferre with the followingmembers of the 'commission found to be present; ALSO PRESENT: ABSENT: 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 Matty klirai, Assistant City Clerk Ralph G. Ongie, City Clerk An invocation was delivered by Reverend Gibson who then led those present in a pledge of allegiance to the flag. A motion to waive the reading of the minutes was introduced and seconded and was passed unanimously. 1. CONFIRMATION OF ORANGE BOWL AGREEMENT - TEMPORARY DEFERRAL. Mayor Ferre: Good morning ladies and gentlemen, this is a Regular City of Miami Commission Meeting. Alright, now on the confirmation of the Orange Bowl Agreement. Mr. Manager? Mr. Grassie: (BACKGROUND Mayor Ferre: Mr. Mayor and members of the City Commission... COMMENTS OFF THE PUBLIC RECORD) Ok, 'm sorry. Go ahead Mr. Manager. I Mr. Grassie: You have in front of you Mr. Mayor and members of the City Commission a proposed agreement which does the things that the City Commission asked we accomplish the last time that you considered this. If you will remember you authorized the signing of three agreements. One having to do withthe extension of the withdrawal clause on the initial stadium lease, the other having.to do with score boards and the third having to do with an extension of concession rights. Now, what:... at that time you indicated that you wanted us to attempt to find away to have all of the beer installation financed by the Dolphins and you left it open as to how that would be accomplished. Now, what this, agreement in front of you now does is to provide for the entire financing ofthe beer pumping system by the Dolphins. It also puts on record a time table for the City to make some of the improvements to the stadium that the City Commission and staff have been talking about for a couple of years now. Those of you who have been to the stadium recently know that we have had to make some expansion in the existing concession stands and concession arrangements. That is provided for in this agreement. The agreement has a time table attached to it sorthat all of these things to be accomplished by the first of July of 1980 which again reflects the position taken by the City Commission in your earlier action. Aside from that there are no changes in any of the agreements that gl OCi i 7 1979 you had approved; earlier. Mayor Ferret Is there a City. Attorney here? Do we have a City Attorney today Mr. Grassie: Yes, he.just stepped away for a minute Mr, Mayor, Would somebody find the City Attorney? He checking something out right now, he will be back in a minute Mayor Ferre: Mrs. Gordon: but I.. Mayor Ferre: He is doing what? Mrs. Gordon: He is checking something for me that I asked him to check. I just got this paper in front of me and I want to read it before any motions made on it, not that I'm in disagreement, but I'm not going to vote any more ever without reading everything that's put before me at the last minute. Mayor Ferre: Mrs. Gordon, this is a Committee of the Whole, we are not going to vote on anything. Mrs. Gordon: s alright then. Mr. Plummer: Well, Mr. Mayor, may I just ask a question? Mr. Grassie, no where in this that I have seen in this twenty second scan... I seem to have the feeling that we gained three hundred thirty thousand dollars, but we lost five hundred thousand. I would have to seriously question that we made a step in the forward looking position. I never at any time heard anything about five hundred thousand dollars. I did hear that any future improvements to the Orange Bowl would come rightfully so and I think it is the resolution of this Commission from the two percent resort money. i;ow, are you indicating to me that you have some guarantee from that resort mon.v that is going to pay this five hundred thousand dollars? Mr. Grassie: I don't think Commissioner, that until a body acts and in this case we are talking about the Tourist Development Council first and the County Commission second, until the actually act you do not have a guarantee. However, I have a reasonable assurance from several members of the TDC that this kind of a proposal on the part of the City would appear to them to be reasonable and would be entertained. I should... Mayor Ferre: Mr. Grassie, let me ask you some questions. How much does the City spend on a yearly basis in improving the Orange Bowl now that we don't have... Is Bob Jennings here? Yes. Now, that we don't have the two or three million dollars in debt repayment which was costing us a hundred fifty to two hundred thousand dollars a year. It was three hundred thousand. I understand that those monies are earmarked for improvements. Mr. Grassie: We are averaging approximately two hundred fifty to three hundred, thousand dollars a year... Mayor Ferre: Well, what's that again, because I want Plummer to hear Mr. Grassie: Two hundred fifty to three hundred thousand dollars a the funds of the Orange Bowl itself for those improvements. Mayor Ferre: see. So we are spending... Mr. Plummer: Wait a minute, wait` a minute... that? year. from Ma)lr Ferre: Let me finish my series of questions and then..."because I think:. clarify somethings. Mr. Plummer: Well,;; then`I think that this one particular statement has to be clarified Mr. Mayor. Mayor Ferre: Alright. Mr. Plummer:: You asked of improvemente. Now, Mr. Grassie, if Mr. Grimm would be quiet, I have to ask you are you speaking of improvements? Are you speaking of maintenance? Maintenance that is done on an every year basis. Mr. Grassie: The question that the Mayor asked had to do with yearly major maintenance. gl OCT 171979 Mr. pluimner : Mayor Ferre: Mr. Plummer: Mayor Ferret Mr. Plummer: Mayor Ferre: Mr. Plummer: Mayor Ferre: I want to ask Mr. Plummer: No, sir. The Mayor distinctly said improvements. That's correct. Did you not say that Mr. Mayor? Yes. I think that's Alright, let me rephrase.. part of the problem around `here'=we. don't understand. I will ask again for clarification. J. L. let me finish my... I have got about four. questions' that,: would like this answered, I think it's a key point Mr. Mayor. Mayor Ferre: 'Go ahead. Mr. Grassie: The City does between two hundred fifty and three hundred thousand dollars of what you can call major maintenance or improvements as you wish every year. Now, the difference between a major maintenance and improvement could be that an improvement will do something that to some extent did not exist before. We for example, have spent over a hundred thousand dollars in improving the third level press box this year. Now,... Mayor Ferre: How much? Mr. Grassie: Over a hundred thousand dollars. Now, you can consider that to be an improvement or we call it major maintenance, but it's academic. Mayor Ferre: Mr. Grassie, since I asked the question let me rephrase this... Well, how much money does the: City of Miami spend in other than painting, cleaning and the year to year maintanence of the facility which would be considered as ordinary maintenance? What do we do other than, in other words, improving of public facilities, things that are not part of the ord.nary yearly maintenance procedure? Mr. Grassie: Well, if for example, we would characterize painting half of the stadium as routine maintenance. You know, if a job of that magnitude will be considered routine maintenance, then we could probably allocate a hundred thousand dollars to doing things that had not existed before, that somehow were significant changes of what... Mayor Ferre: That's my question. Ok.. Now, let me ask the second question. How much does the Orange Bowl now that it does not have a debt burden turn into either the general fund or into the reserve fund for future improvements yearly? Mr. Grassie: Well, the Orange .Bowl is set up as an enterprise fund and it does not turn anything into the general fund. Mayor Ferre: How much is put into the enterprise`;' fund on a yearly basis? In other words, what do we grossand how much of that is expended? Mr. Grassie: We expend for these major maintenance or improvement purposes that we talked about virtually all of the money that is brought in by the Orange Bowl. Mayor Ferre: And how estimate? much' is that on a yearly basis for this year in your Mr. Grassie:' This amount that we talked about,'approximately thousand dollars a year. Mayor Ferre: income?: two hundred 'fifty see, ok. Now, if we -had beer what, is 'the estimate of ;the beer Mr. Grassie: Well, when the system is in -full operation,,when,the pumping ` system is in operation... OCT 17 1979 Mayor Terre: Yes, in 1980. Mr. Grassie:, we, would estimate two hundred fifty, as much as three thousanddollars a year Mayor Ferre: Alright that we ire now... Mr. Grassie: now, that is in addition to the two hundred fifty thousand. Mayor Ferre: Alright, so therefore it would be safe to,assume,that, that, particular fund will have a half a million dollarsa year to be expended or to be used somehow? Mayor Ferret Mr. Grassie: `.But now the second part of the answer to Commissioner Plummer's question' -is that yes, we do anticipate that the expenditure that we are talking about here,,the five hundred thousand dollars, will come from TDC funds and you should know that they are accumulating funds at the rate of approximately eight hundred thousand dollars a year right now. So the funds are available. Mr. Plummer: Mr. ;Grassie, I have no problem with that. The only problem that I have is: that this contract is not predicated on that money coming from them or if come. Mr. Grassie: The agreement is our agreement, the City's agreement with the lease holder and it would be our responsibility to deal with the TDC in terms of getting that. It is nota` conditional agreement, that is correct. Mr. Plummer: But it is guarantee in this contract to the concessionaire. Mr. Grassie: That we`will .perform, that is correct. Mr. Pluminer: Where are ;you going`'to get the five hundred thousand dollars i you don't get it from the TDC? Mayor Ferre: From the beer. Mr. Plummer: No, no, no, this is July 1st of 1980, that's prior to the full system. Where are you going to get the money? You are sitting up here telling me you ain't got money? Now, that's a half a million dollars that you are guaranteed and 'asking us to ratify. Now, if you got a half a million to play with I wantto know about it. Mr. Grassie:. Commissioner, we have a... Mr. Plummer:.And I'm not saying that facetiously. Mr. Grassie: We have a budget of a hundred twenty-seven million dollars a great part of it is built on estimated revenues. What you are talking about here is an estimated revenue which is at least as secure as the millions of dollars you have in your budget which are estimated to come fromthe federal government. Now, I'm suggesting to you that this City Commission can in fact get the required political agreement with regard to expenditure of that money since it is specifically earmarked for this purpose of improving the Orange Bowl. There should be no problem. Mayor Ferre: And you've got one insider on that Committee sitting right up. here and you've got another insider sitting in the Sports Committee. In fact we have two insiders. Mr. Plummer` Mayor Ferre:_ Mr. Grassie: revenue that g1 we reverse that? You are the one they chose, not me. I really think it is a reasonable expectation that the eCity 'will receive Commissioner. 34 OCT 17 1979 Mr. Plummer: It just seem like to me that it would be, you know, where the monies are on if come, if the City is concerned it should be if come on the agreement. It just seems logical to me. Mayor Ferre: Father Gibson. Rev. Gibson: -Mr. Mayor, let me ask this question.You. ave this contract Mr. Grassie,:°:did we accord thatCommitteethe opportunity to come and look at this, contract? Mr. Grassie: What Committee :are you talking about Commissioner? Rev. Gibson: Well, you Orange Bowi Committee? Mr. Plummer: Mayor o, sir. have maybe two you have a... don't you "have Ferre: There wawa Committee that... Mr. Plummer: Rev. Gibson: Well, alright, then the... Mayor Ferre: But that's a County Committee... Rev. Gibson: Let me ask this. Let me do it this way. Colonel Wolfson and the rest of those people came here, we asked them to go and investigate, explore, cajole and all that other business. Did they have the courtesy... were they accorded the courtesy of seeing this? Not that they had to, but... Mr. Grassie: No. They in a way have been superceded Commissioner by another Committee that has been working on this with people like Dave Blumberg and so on. They have taken over where the Wolf,. n Committee left off and that Committee has been very active and is completely awar.. of the details of this... Rev. Gibson: Alright, now that Committee I thought, if I remember correctly, that Committee was to tell us... isn't that the way it was, that about improvements to the Orange Bowl. Is that the same Committee? a Mr. Grassie: Sports, Authority Committee under the resort. Rev. Gibson: Since I have been here you had a Committee that you appointed that would come back and talk about some improvements. Mr. Gradsie: I think possibly what you are thinking of Commissioner is the Committee that was established between the Mayor and the Mayor of Dade County of the so called Sports Facilities Committee that was involved in consideration of what` kind of improvements should be made and to what... Rev. Gibson: That's what... right. Now, have they seen this? Mr. Grassie: No, they have not, they have been relatively in active in the last four or five months. Rev. Gibson: Well, the reason I'm asking, you see again, I have to be a firm believer if you are going to appoint people to Committees. When you don't need them don't appoint them. Now,... because they get in my way. I want them acquainted or you know, just say something to them whether they agree or disagree so tha when I need them again and from all indication what I saw in the paper and I know this is a bad thing to say. We may need them, you know, because some people are saying well, we can't make out with what is there. And if these people say if they represent a broad spread we may avoid having them on our necks and backs, I'm talking about other folk, if this Committee is saying "well, we think these are reasonable and number one things that need to be done". Do you understand? Mr. Grassie: 1 agree with you entirely. We have three members of that Committee that are sittingright here and... so I think that we are going to get that message; to the Committee and that we can get their agreement. Rev. Gibson: Mayor Ferre: gl Alright, further discussion on this item at this time? OCT 17 1979 Mr. Plummer: Yes, it's strictly for informational purposes. I assume that we are here under the Committee of the Whole. Mr. Grassie, run me through the time frame. This agreement as I read, here is for an additional five year period and an adoption for three. Mr. Grassie: I'm sorry. Mr. Plummer This agreement is for an additional for three more. Mr. Grassie: Mr. Plummer:;; Mr. Grassie:. five years and an option No are you reading One of the whereases? es, sir. No. Mr. Plummer:` That's all I haveto read it. I have read about it in the paper, it. . Grassie: No'. Mayor Ferre: than... Did you also have the.. This is:the first time I have seen this 'is the first time I ;have `seen` You have the resolution itself rather Mr. Grassie: No,,that is an old provision Commissioner. What this agreement does is track. with. the agreement that you approved--- the Commission approved in it's last meeting which would extend concessions for a period equivalent to the stadium lease. Now, this particular agreement that you have in front of you; is an amendment to the basic agreement. So all of the provisions if you look at the last paragraph of this agreement what it says is or paragraph seven actually, what it says is that the original agreement to which it refers will hold --in every case other than what is specified here... Mr. Plummer: But what... in other words, what you are saying is which I don't read here, that this will run concurrent with the rental of the stadium? Mayor. Ferre: Mr, Grassie: Well, what -you do in paragraph seven Commissioner is refer to the original agreement of August 1976, that's on page three. Mayor'Ferre: And lets read it specifically. You mean, the seventh? Mr. Grassie: Paragraph seven, page three. Mayor Ferre: 'The leasing agreement entered into on the 4th day of August between the parties in amendments number one and two, thereto shall remain in full force and effect and shall not be deemed to be repealed, amended or modified in anyway except as herein specifically provided. The other... the eight preambles is a tracking of what's been done previously. Whereas on August 7th and 4th of 1967 and 1968, 1971, 1973, 1977, January 1978, amendment number two in July 1st of 1980 and so on. Now, therefore beer shall be installed the equipment belongs to the partnership until the end of the lease and then it: belongs to us. There will be temporary beers sales through the middle of 1980. The condition of the stadium is going to be improved. There will be timely performance by the Dolphins, there will be timely performance by the City and we agree that this doesn't change anything that's been agreed to before and that's it'. Mr. Plummer: Mr. Mayor, you also are aware of this terminology because unfortunately I have to get my information out of the morning paper. This document that has been handed is a little bit different ind it says not less than five hundred thousand. It was my' -understanding that it was five hundred thousand. Now, not less means that you could in fact spend two million. gl 36 OCT I 1979 • Mayor Ferree Yes, if we can get two Million: Mr. Grassier But .thats: la.. Mr. Plummer: Well,'but"it doesn' Sports Authority. Mayor Ferree Mr. Plummer: You this document..: it doesn':t. see, my probletn Mr. Mayor, is ,you `are making guarantees state that this money -shall` come from t I: understand. e n: Mayor Ferre: Mr. Plummer: ... -with -.no guarantees of where you hope to get themoney from and I will tell you to me: that's pretty thin ice, pretty:thin'; ice., There is nothing in here, do I see'in any place in relation to the score board, so I, have to assume -that, that's a moot question at this' point. Mayor Ferre: That's already been agreed upon by... Mr. Grassie: That's correct, you have agreed to that.. has agreed to that already. Mr. Plummer: the City Commiseio We have? Where is the document? Well it was adopted by the City Commission at?their `;last .` Mr. Grassie: , meeting. `We can. Mr. Plummer:. Mayor Ferre: Mr. Plummer: I Mr. Grassie: I have not -seen; the document. J. 'L+ have not seen' acontract. ommissioner, I believe you were Mr. Plummer: Well, may I be afforded a copy 'o Mr. Grassie: Of course. Mr. Plummer: Mayor Ferre: Mr. P1umier: Mayor Ferre: Alright, n thehospital at.thetime: the contract? nowlet me pursue Mr. Mayor, lright,.go ahead.; wait if you wish. o, no, Mr. Plummer: Alright. I got to have a little o right ahead. you don't mind.,; I;hate ';to put you on the spot sir, but it's `agreeable with Mr. Grassie, that I may pursue this matter.. Mr. Grassie: I hope you are not suggesting you haven't had the truth so far Commissioner. Mr. Jennings, truth'in.;.. if Mr. Plummer: No, sir, I'm not suggesting at all. The Charter is very clear the difference between interference and seeking the truth. And I think at this time I have tried only to do that. Mr. Jennings the most recent contract that was let for professional football stadium and concessions, what was the percentage? Mr. Jennings: I believe you are referring to... is this on? Rev. Gibson: This system needs to be worked on this morning. Mr. Jennings: I believe you forty-two, point one percent. Forty-two point :one >percent. Mr. Jennings: No, sir, that was;on... gl OCT 1i 1979 M .'c Mr. Mr. and Mr. Plummer: Jennings:. beverage Plummer Mr. Jennings:: Mr. Plummer: The. mikes Actually o, sir, aren't working, they say, you,got totalk straighter into the damn thing. that was notjust on beer,: it yes 'On beer and food Food and beverage? Yes, sir. In other words, across the board Mr. Jennings: Yes, sir.' Mr. Plummer: Is that., gross or of net? Mr. Jennings: That is a percentage of gross. Mr. Plummer: Of gross? Mr. Jennings: Mr. Plummer: Mr. Jennings: es sir. r. Jennings,: you,;. in sure are familiar with the Tampa contract? es, .'sir,<::I have read- it It's been awhile', but.. Mr. Plummer: Alright, sir, is therenot a provision in that contract for improvement toconcessionaires... concession areas? Mr. Jennings: Yes;' sir there is. Mr. Plummer: And what does that contract call for? Mr. Jennings: Approximately" as I remember now, it's been awhile, but three hundred thousand dollars worth of improvements. that money coming from? arouni Mr. Jennings: I believe it's the obligation... well, it's coming from the Sports Authority,* but it's to be reimbursed by the concessionaire. Mr. Plummer: In other words, the concessionaire is getting the money up front to do the improvements and they are paying it back over a period of time? Mr. Jennings: s approximately... Mr. Plummer: Well, .I will tell you exactly, the City of Tampa is advancing three hundred thousand dollars for the improvements and installation of equipment and the concessionaire is paying it back over ten years at thirty thousand dollars a year: Mr. Jennings: That's my recollection. Mr. Plummer: Which means it cost nothing to the City of ,Tampa or the Sports Authority? Is that correct? That's my recollection,' yes, sir. Mr. Jenn ngs: Rev. Gibson:. You mean get hat kind of deal? Mayor Ferre: to tell me they can get that kind of deal and we can't They don't .have Joe 'Robbie to deal. with.• Rev. Gibson: = Come Mr. Plummer:" O, on, Man further comments, Mr. Jennings. Mr. Crassie: That's a very partial analysis of that contract. I don't know that there is any particular point Commissioners in getting into the question of the Tampa agreement, but there are a number of features of the Tampa agreement that we haven't talked about. Like for example, it's length, which happens to be about three times as long as the agreement that we are talking about here. gl �8 OCT i t �yi9 Mr. Plummer: accepted? Rev. Gibson: I have no... Mr. Plummer: Is that correct, Mr. Grassier Mr. Plunnner: Commissioner It did? Mr. Grassie: And Mr. Plummer: Mayor Ferre:. But .that 'did go to competitive bidding as usually and normally Mr. Grassie? did this one. back when? Oh, oh, but this one is to'=terminate July 1st of 1980. No,:anymore. Mr. Plummer: Excuse me,: the original contract is to terminate... excuse me, the present contract terminates July lst of 1980. Is that correct? Mr. Grassie: If you are talking about the concession agreement, that is true. There is a second agreement which the City has entered into for the use of the stadium; which of -course, provides for the renegotiation the concession agreement. Mayor Ferre: Further questions on this item? 2. FAMILY DAY CARE CENTERS - INSTRUCT CITY ATTORNEY TO PREPARE LEGISLATION SIMILAR TO THAT OF DADE COUNTY. Mayor Ferre: We are now on Item #B, it's a dicussion of Dade County Ordinance on Family Day Care Centers. Mrs. Gordon? Mrs. Gordon: The... Dade County has a proposal dealing with the Home Day Care Center proviso and I'm asking simply that we use this as a model. Mayor Fe -re: I agree completely., Do you want to make a motion? Mrs. Gordon: tell.Mr. Grassie something. Mayor Ferre: Alright, at this time... Mrs. Gordon: - Mr. Grassie? r Mayor Ferre: Mr.`Grassie, Ms. making a motion that the... Mrs. Gordon: May I have your attention please? The proposal is that the City of Miami adopt an appropriate ordinance dealing with the Home Day Care Centers, that they maybe permitted to function in the City to supplement the kinds of day care that.we.are now providing, but encouraging the private sector to provide quality care for children. So I so move that you direct the Law Departmentor that we direct the Law Department... Mayor Ferre: Rose, excuse me. Now, I'm going to recognize you this way. The Committee of the Whole meeting is now over. And we are now into the formal City Commission Meeting. This is a pocket item which is being presented. Now, we are on the 9:30 agenda and this is the first item to come on the agenda. Now, as a pocket item, Mrs. Gordon moves the adoption... go ahead, Rose, Gordon is addressing herself to you. She is Mrs. Gordon: I move that the City of Mlami prepare an ordinance and that it be an emergency ordinance to come up at the next meeting to permit the implementation of the Home Day Care Centers as with the provisos in that ordinance that are K1 ,t� OCT 1 rt 1979 necessary as'they relate: o.our...;to:the City of Miami's existing ordinances. Mayon Ferre:.""And as.permitted`similar to`the Metropolitan Dade County Ordinance which is attached. Mrs. Gordon: Yes, that's the model for the consideration. Mayor Ferre: Alright, is therea second tothat motion? Mr. Plummer:' Second. Mayor Ferre: Further discussion, call the roll. The following motion was introduced .by Commissioner Gordon, who moved its adoption: MOTION NO. 79-677 A MOTION INSTRUCTING THE LAW DEPARTMENT TO PREPARE AN EMERGENCY ORDINANCE SIMILAR TO THE METROPOLITAN DADE COUNTY ORDINANCE TO PERMIT THE OPERATION OF FAMILY DAY CARE CENTERS IN THE CITY OF MIAMI. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: NOES: Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre Mrs. Gordon: Mr. 'Ferre, `Mr. Tackett of the Coconut Grove Merchants Association phoned the other night and advised me that the City Public Works Department was proceeding to... I don't know if he has arrived in the room yet. Is Mr. Tackett here? He is on his way over here to explain the urgency of the City. stopping the stripping of the Main Highway which will then prevent the parking of any vehicles which seriously affects the merchants in that area. I left... (BACKGROUND COMMENT INAUDIBLE) Mrs. Gordon: Yes, striping..you,know, preventing parking on the side. He will arrive very shortly, but Mr. Grassie, I left word at your home, you weren't `at home, with your son and I assume you got the message. The night before last? Mr. Grassie: Yes, I did Commissioner and I talked with the Public Works Director yesterday morning. He informs me that they have gone through a very significant citizen participation process in trying to determine what the merchants and the neighbors in that area want and if you like we could give. you a report on that so that you... Mrs. Gordon: Would you bring your personnel in here or whoever it is that nCL.as to be and when Mr. Tackett arrives, that we take it up then. Mr. Crnssie: The Public Works Director is here Commissioner, if you would like: he could`... Mrs. Gordon: I would like :to wait. until he arrives because the problem was presented to me by.him;and 1 believe it'should be presented to the entire Commission. Mayor Ferre: Alright, wevill take it up subsequent to Colonel Wolfson's arrival here any moment and in the meantime, I think rather than to get into the appropriations for,the fiscal year in Items 1, 2, 3, 4, 5, which are going to be, I think obviously heavily discussed and what have you. We better wait gl 10 OCTiii! until Colonel Wo)fdbn gets here so we can get that over wi:h and then we will got lntn the budget items. What items can we get into that are non -controversial for the next fifteen minutes? 3. SECOND READING ORDINANCE: AMEND 38-16 OF THE CODE - INCREASE FEE FOR IDENTIFICATION CARDS. Mr. Grassie: I think starting with Item 5, Mr. Mayor, we have items that the City Commission has already approved on first reading and I presume those would not be controversial. Mayor Ferre: Alright, Commissioner Lacasa, you want to „cove five like you did last time?. Mr. Lacasa: Mayor Ferre: Alright, Father Gibson,'; you were shown here seconding„Item you want to second. itagain? Five. We are going to` do non controversial'things until Wolfson gets here. Rev. Gibson: Mayor Ferre`: Alright, there is a motion and a second,. further -'discussion -_On;; five, read 'the ordinance, please. Alright, call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 38-16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, RELATING TO THE FEE CHARGED FOR THE ISSUANCE OF IDENTIFICATION CARDS BY THE POLICE DEPARTMENT; PROVIDING FOR THE INCREASE OF SAID FEE FROM FIVE DOLLARS TO EIGHT DOLLARS; MAKING IT UNLAWFUL TO FURNISH FALSE INFORMATION; REPEALING ALL ORDINANCES IN CONFLICT HEREIN; AND CONTAINING A SEVERABILITY PROVISION. Passed on its first reading by title at the meeting of September 27 197.9, was taken up for its second and final reading by title and adoption. On motion of "oumiissioner 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: NOES:. None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8992. 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. Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre gl 11 OCT 171979 4. SECOND READING ORDINANCE: ESTABLISH AUTHORITY TO DEPOSIT & DISBURSE INTEREST FROM MONIES IN CUSTODY OF POLICE DEPARTMENT; CONVERT UNCLAIMED MONIES FROM ESCROW INTO GENERAL FUND. Mayor Ferre: Item 6, Father Gibson, you want to move again? Rev. Gibson: Yes, sir. Mayor Ferre: Alright, Father Gibson moves... you want to second it? Mr. Lacasa: Second. Mayor Ferre: There is a call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE ESTABLISHING AUTHORITY TO DEPOSIT NON -EVIDENTIARY MONIES WHICH ARE IN THE CUSTODY OF THE MIAMI POLICE DEPARTMENT INTO SEPARATE INTEREST BEARING ACCOUNTS; ESTABLISHING AUTHORITY TO DISBURSE INTEREST SO DERIVED FOR OPERATING EXPENSES OF THE CITY OF MIAMI; ESTABLISHING AUTHORITY TO CONVERT UNCLAIMED MONIES FROM ESCROW INTO THE GENERAL FUND; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. read the ordinance on second reading. Alright, Passed on its first reading by title at the meeting of September taken up for its second and final reading by title and adoption. On motion of Commissioner Gibson, seconded by Commissioner Lacasa, the ordinance was thereupon given its second and final reading by title an passed and adopted by the following vote - Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre THE ORDINANCE WAS; DESIGNATED ORDINANCE NO. 8993. 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. 1979, was 5. SECOND READING ORDINANCE: ESTABLISH $5.00 FEE FOR SPECIAL OFF -DUTY POLICE SERVICES PERFORMED UNDER CONTRACT WITH PRIVATE PERSONS OR FIRMS. Mayor Ferre: Take up Item 7 on second reading. Father, do you want to move that again? Rev. Gibson: Yes. Mayor Ferre: Mr. Lacasa: Mayor Ferre: .' Lacasa seconds gl 12 OCT 17 1979 AN ORDINANCE ENTITLED - AN ORDINANCE ASSESSING FEES TO DEFRAY THE ADMINISTRATIVE COSTS INCURRED BY THE CITY IN PROVIDING SPECIAL OFF -DUTY POLICE SERVICES TO PERSONS OR BUSINESSES REQUEST- ING SUCH SERVICES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY 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 Gibson, seconded by Commissioner Lacasa, the ordinance was thereupon given its second and final reading by title and passed and adopted by he following vote - Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre AYES: NOES: None. THE THE ORDINANCE WAS DESIGNATED'ORDINANCEN°.'8994. 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. 6. SECOND READING ORDINANCE: AMEND 54-3 OF THE CODE - PROVIDE FOR $15.00 FEE TO OBSTRUCT STREETS. Mayor Ferre: Alright, take up Item #8. Father Gibson do you want to second Item 8... I mean, you want to move 8? Alright, Father Gibson moves... Lacasa, do you want to second? Mr. Lacasa: Second. Mayor Ferre: Alright, Lacasa seconds 8, read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SEC. 54-3 OF THE CITY CODE BY PROVIDING FEES FOR POLICE AND FIRE PERMITS, SETTING FORTH DUTIES OF APPLICANTS AND LIMITING CITY LIABIL- ITY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Pdased on its first reading by title at the meeting of September 27, 19794Was takenup for its second and final reading by title and adoption. On motion of Commissioner Gibson, 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: NOES: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8995. Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre gl 13 OCT 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. 7. SECOND READING ORDINANCE: "BURGLARY & ROBBERY ALARM ORDINANCE". Mayor Ferre: Take up 8. Lacasa, you want to move that again? Mr. Lacasa: Move. Mayor Ferre: Rev. Gibson: Gibson, wants to second? es. Mayor Ferre: Gibson Mr. Knox: Ms. Hirai: seconds,;further•discussion,°read, the ordinance. Didn't we just read 8. Mayor Ferre: ordinance on ON ROLL CALL: Mr. Plummer: es it'.was.,,' . 9. Did. we vote on 8?' Wevoted on 09 this is 9., so read the . Alright,, call ,the roll :on 9. - I m voting; "yes" but wish to tna e a comment afterwards. AN ORDINANCE ENTITLED - AN ORDINANCE ENTITLED "BURGLARY AND ROBBERY ALARM ORDINANCE", PROVIDING DEFINITIONS; REQUIRING ALARM USERS TO PARTIALLY COMPENSATE THE CITY FOR UNNECESSARY RESPONSES BY THE POLICE TO FALSE ALARMS, AND ALLOWING FOR AN APPEAL FROM A DETERMINATION THAT AN ALARM WAS FALSE; PRO- VIDING THE POLICE DEPARTMENT WITHE THE AUTHORITY TO SUSPEND ITS RESPONSE TO ALARM SYSTEMS THAT ACTIVATE A CERTAIN NUMBER OF FALSE ALARMS, THEREBY CREATING THE PRESUMPTION THAT THE ALARM SYSTEM IS MALFUNCTIONING; PROHIBITING THE INSTAL- LATION OR MAINTENANCE OF ALL AUTOMATIC TELEPHONE ALARM DIALING DEVICES WHICH TRANSMIT OVER TELE- PHONE LINES EXCLUSIVELY USED BY THE PUBLIC TO REQUEST EMERGENCY SERVICE FROM THE MIAMI POLICE DEPARTMENT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY 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: NOES: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8996. Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre gl 14 OCT 171979 The City Attorrz y ead the ordinance into the pub1 record and announced that r;tpies were available to the members of the City Commission and to the 7.dblic. FURTHER Mr. Plummer.: Mayor Ferre: Mr. Plummer: this ordinance is an ordinance in the right direction. It does in effect help to alleviate financially one of the biggest problems that exist. It does not eliminate the problem. The problem is in the fact, in my estimation that this community for too long has not had any standards set for the installation and maintenance of equipment in which is creating the problem. I think it would be well for the administration, since this matter is handled, I'm sure in the County, that we would urge the County to ap;.ly reasonable standards for people who are doing installation and would in effect ask them to make sure that these people are qualified and we a -a not trying to be a cash register here on burglary alarms, but I think the real problem is to eliminate the unnecessary use of our Policemen to answer calls that are not necessary. So I would hope the administration would pursue the matter. Nothing would please me more than to collect no revenue which means that all of these systems are working properly and our Police Department are not being utilized unnecessarily. Mayor Ferre: I agree completely with that. 0. SECOND READING ORDINANCE: AMEND 54-6 OF THE CODE - PROVIDE $15.00 PERMIT FEE FOR PARADES AND PROCESSIONS. 11"- Mayor Ferre: On Item 10 on second reading. Does Father Gibson want to move that again? Rev. Gibson: Yes, sir. Mayor Ferre: Mr. Lacasa: Mayor Ferre: Alright; call the roll. ON ROLL CALL: Mr. Plummer: cost?. Mr. Grassie: Mr. Plummer:: on second:reading, would you read the:: ordinance Alright,• Grassie, does this fee as proposed cover the administrative, es, it covers a reasonable administrative cost, Commissioner. AN ORDINANCE 'ENTITLED - AN ORDINANCE AMENDING SECTION 54-6 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH REGULATES PARADES OR PROCESSIONS, BY ESTABLISH- ING STANDARDS UNDER WHICH PERMITS ARE ISSUED FOR HOLDING OR CONDUCTING SUCH PARDADE OR PRO- CESSION; FURTHER PRESCRIBING THE FILING AND THE CONTENTS OF AN APPLICATION FOR SUCH PERMIT; ESTABLISHING A FEE TO COVER THE ADMINISTRATIVE COSTS INVOLVED IN THE ADMINISTr'.TION OF THE PARADE OR PROCESSION PERMIT PROCEDURE; CONTAIN- ING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. gl 15 OCT 171979 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 Gibson, seconded by Commissioner Lacasa, the ordinance was thereupon given its second and final reading by title and:. passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. - THE ORDINANCE'WAS DESIGNATED ORDINANCE NO. 8997. 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. 9. DEFERRAL: AMEND 43-8 OF THE CODE BY INCREASING POLICE DEPARTMENT FEES FOR TAKING & FURNISHING OF FINGERPRINTS, PHOTOGRAPHS AND NOTARIZATION OF SIGNATURES. Mayor Ferre: On Item 11 for second reading. Does Commission Lacasa move it? Mr. Lacasa: Move. Mayor Ferre: Father Gibson... Rev. Gibson: Second. Mayor Ferre: seconds t„ further discussion, read the ordinance. Mr. Plummer: Iinvoke the rule. Mrs. Gordon: Which oneJ. Mr. Plummer: Mayor Ferre: L.? What' he just read:i Item 11•. Mr. Plummer: Yes, sir. as you just read -it. Mrs. Gordon: There isn anyway. Did you? not what is on the agenda. Bring it back at the next meeting in the proper form t any backup Mr. Plummer: See it makes no at twelve dollars, this thing it's fifty cents for notary. you rind is not what's on the Mayor Ferre: Alright, Mr.... Mrs;. Gordon: n our kit.: I didn't have any on 11 mention in this as.on-the agenda about outside only speaks to,five dollars per photograph and That portion I will be glad to pass, but what agenda. o you have a backup on 11 in your folder? Mayor Ferre: 'Mrs. Gordon 'and Commissioner Plummer, I told you that I would interrupt the proceedings; when Colonel Wolfson got here, he has just arrived. If you would please get this item corrected Mr. Grassie or Mr. Knox so that we can do this properly and we will take it up later on in the day. gl 16 OCT i 7 1979 10. EXPRESS DEEPEST SYMPATHY AND CONDOLENCES TO THE FAMILY OF LOUIS WOLFSON, II. Mayor Ferre: At this time I would like to read a resolution and ask for passage of it. And it reads a follows (THE MAYOR READS THE RESOLUTION INTO THE RECORD). I so move. Mrs. Gordon: Second. Mayor Ferre: Call the roll. I think we don't need t+ call the roll on this this is unanimous adoption of this. And Colonel let me just add my personal words of, a sense of great loss not only for the community, but on a personal sense as a friend of Louis and we all share with you the grief that you have as a father and we as friends of Louis in this community's great loss. Thefollowing resolution was introduced by Commissioner Ferre, who moved its adoption: A RESOLUTION EXPRESSING THE DEEPEST SYMPATHY AND SINCEREST CONDOLENCES OF THE CITY COMMISSION ON 'BEHALF OF THE CITY OF MIAMI AND ITS CITIZENS TO THE MEMBERS OF THE FAMILY OF LOUIS WOLFSON, II, ONE OF THIS COMMUNITY'S MOST OUTSTANDING AND RESPECTED CITIZENS. (Here follows body of resolution, omitted here and in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon' passed and adopted by the following vote: AYES: NOES: None. Commissioner Rose. Gordon:., Commissioner Armando.Lacasa;; Commissioner (Rev.) Theodore R. Gibson ViceMayor J. L. Plummer, Jr. Mayor Maurice A. Ferre 11. CONFIRMATION OF THE REAPPOINTMENT OF MITCHELL WOLFSON TO THE OFF-STREET PARKING BOARD. Mayor Ferre: Now, we have before us a resolution confirming the reappointment of Mitchell Wolfson to the Off -Street Parking Board of the City of Miami. Would somebody move that, please? Rev. Gibson: Move. Mayor Ferre: Alright, it's been moved... M . Plummer: Second. Mayor Ferre: ... and properly seconded, further discussion, ca].1 the roll gl 17 0( Olj 111111111111111IPPINNINieMowri The following`rssolution vas introduced by Commissioner Gibson moved its adoption: •. .: A RESOLUTION CONFIRMING,'THE, REAPPOINTMENT,OF,MITCHELL - WOLFSON TO THE OFF-STREET PARKING BOARD OF THE`.CITYOF:' MIAMI, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was, passed and adopted by the following vote: AYES: NOES: None. Mayor Ferrer,. Mrs. Gordon: Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore R. Gibson ViceMayor J. L. Plummer, Jr. Mayor Maurice A. Ferre ow, this is a five year term. e don't have copies of the... all these thingsyou are reading. Mayor Ferrer' Mr. Labaw, just put them on top -of the desk here and let's take a second `and make . surethat we are all a" ware... Mrs. Gordon: No, we had that one, you have another one. Mayor Ferre:; No, no, "whereas the five year term of Mr. `.Mitchell ";Wolfson covered by the Off -Street Parking resolution so and so expires on December 1979--- we just passed that---... Mrs. Gordon: Ok, we did that one. Mayor Ferre: ... and where as the efforts, time and leadership exhibited by Wolfson and soon--- ok--- now, therefore the reappointment of Mitchell Wolfson to the office of the Parking Board of the City for a five year term commencing December 1979 and ending in December of 1984 is confirmed". Mr. Plummer: Mr. Mayor just as technicality so no one can complain later... Mr. Knox, come back. I would feel a lot better Mr. Knox, if you had the opportunity which you obviously have not, to approve this. Obviously, your office did not draw it and I'm sure that it to be in proper perspective it should be approved by you as legal. Mr. Knox: I agree. Mr. Plummer: Excuse me. Mr. Knox: Yes, sir, I agree. So we can review it... I mean, you can indicate your preference or... Mr. Plummer: Well, I'm just saying that the normal procedure is it would come up hore with your signature attached and this one does not. And I'm saying for the record to make sure that no one has any question at a later time that you do intend to attach your signature thereon. Mr. Knox: Mr. Plummer: upon our review of. Mayor Ferre: Alright, that matter has already been voted-u also the acceptance'of the budget ,on second reading... what Grassie? gl on and then' we have item is - that Mr.`,; 18 OCT 171979 12. SECOND REAriNG ORDINANCE: APPROVE APPROIRIFTIC;NS FOR EPT. OF OFF-VTREET PARKING FOR FISCAL YEAR 79-80. Mr. Grassie: Item #13, Mr. Mayor. Mayor Ferre: Sir? Mr. Grassie: Item # 3. Mayor Ferre. °Alright, take up. Item #13, reading. Lacasa moves... Rev. Gibson: s".there 'a:.motion on Item #13 on second Mayor Ferre: ... Father Gibson seconds,is ordinance, Item'3. Alright, call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE APPROVING APPROPRIATIONS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1979 AND ENDING SEPTEMBER 30, 1980 BY THE DEPARTMENT OF OFF-STREET PARKING; CONTAINING A SEVERABILITY CLAUSE AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH Passed on its first reading by title at the meeting of September 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 an passed and adopted by the following vote - Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre AYES: NOES: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8998. there further discussion, read 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. 3. SECOND READING ORDINANCE: APPROVE EXPENDITURES REQUIRED BY DEPARTMENT OF OFF-STREET PARKING FOR OPERATION OF GUSMAN HALL AND THE OLYMPIA BUILDING FOR FISCAL YEAR 79-30. Mayor Ferre: Take up Item #i4, Off -Street Parking operation of the Olympia Building. Moved by Gibson, seconded by Lacasa, further discussion, read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE APPROVING EXPENDITURES REQUIRED BY THE DEPARTMENT OF OFF-STREET PARKING FOR THE OPERATION AND MAINTENANCE OF GUSMAN HALL AND THE OLYMPIA BUILDING OF THE CITY OF MIAMI FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1979 AND ENDING SEPTEMBER 30, 1980; AND ALSO APPROVING THE ENUMERATED SOURCES OF REVENUE FROM SAID OPERATION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY 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 Gibson, seconded by Commissioner Lacasa, theOCT 1 7 1979 19 ardinarwe 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. 8999. The City Attorney read the ordinance into the ,public, recrd,and' announced that copies were available to the members, of the City Comtoission" and to the public. gl 20 OCT 171979 14. TRANSFER CITY'S INTEREST IN OFF-STREET PARKING GARAGE NO. 2 TO THE OFF-STREET PARKING AUTHORITY FOR SALE. Mayor Ferre: All right, now we are on item number 20, ladies and gentlemen. that Col. Wolfson has asked filature take up 20 and 21 out or order since he cannot be back here this afternoon. This is authorizing the Manager to transfer the City's interest in the Off -Street Parking Garage No. 2 to the Off -Street Parking Authority for sale by the Off -Street Parking Authority, subject to certain 'conditions: Now, this has been fully explained in your pacl'et, in iten number 20. The memorandum is very clear. Is there a discussion on it? Mrs. Gordon:May I Mayor Ferre: Mrs. speak please, Mr. Mayor. Gordon.` Mrs.. Gordon: The item you're discussing, the backup does not fully explain. And I would like this item deferred until after 'the November 6th election so that the item which is an item.' on the Charter changes would then apply. This item should not be acted on by the City today. I move that we defer this until that time when we find the results of that Charter Amendment. Mayor Ferre: There's a motion to defer, is there a second? Is there a second? Is there a second to the motion to defer item 20? Mrs. Gordon: The transfer... Mr.` Plummer: For what reason? Mrs. Gordon: All right, I'd like to explain Mr. Plummer: I'm sorry I didn't... Mrs. Gordon: The item before the public on November the 6th deals with public bidding by all agencies, including the City of Miami, on all public properties, for lease or sale. I suggest to you and the other members of this Commission, that the action that we would be taking today would circumvent that provision which is being...going to be acted on by the public on November the 6th. And there are...there would be no opportunity for public bid on this property if we act on this today. Mayor Ferre: Is there a second to that motion? Lastly, is there a second? Hearing none, it dies for lack of a second. Now, Colonel, would you like to address us on this matter at this time? Col. Mitchell Wolfson: Friends on the City Commission, firstof all, I' want to thank you very much... Gordon: The microphne isn't carrying...very well. Col. Wolfson: I want to thank you very much for that wonderful resolution that you just passed about my son Louis.' And Louis, like my father before me, and like I, we have tried to serve the public in every city and every place where we have been. Anu to find you all towy 9ivLy ?i OCT 171979 recognition to Louis, is deeply appreciated by the family and myself. Thank you very much. With regard to this garage on the Boulevard, it just so happened that the Deed was in the name of the City. Can you hear me all right, Mrs.'. Gordon? You can't hear Mrs. Gordon: Can you turn it towards your mouth? Col.'Wolfson: Is that all right? Can you hear me now? Mrs. Gordon: Okay, all right. Col. Wolfson: We have paid for the property, that is the Off -Street Parking Department of the City and we paid for the building and it was just one of those circuristances where the deed, actually was put in the name of the City, rather than in the name of the Off -Street Parking Authority. And legally, there is no question but that we have owned the property and have taken the losses in the property and that when we're selling it now, why, it's simply a technical matter that we're asking the City to approve what has been sold and what has been done without any loss to the City. As a matter of fact, it's a considerable profit to the City. And Mrs. Gordon, I can assure you that if you put this out to bid now the City and the Off -Street Parking Authority would lose 3 or 4 hundred thousand dollars. As you know, one of the requests you made when I came before you last time, was that we get 2 top notch MIA appraisers to appraise the property, so that you would feel comfortable that the price we were getting for it was at least as good as what they would appraise it fnr. And, they appraised if for several hundred thousand dollars less Man what we were selling it for. And I thought that woulu rak,.: you feel comfortable and we went to the expense of doing that. And I thought you were entitled to get that and I feel now that we have done that and that the price being offered was very, very much in our favor. In addition, I might tell you this. As you remember one of the reporters in o'. of the local papers said that if we kept it until 1992, that we would get a million... over a million eight an this bond issue. A Million eight on the bond issue. and we only get a million six or perhaps a million seven for it. And, I pointed out that if vre took this million six and didn't invest it or didn't build another garage and put it out at a simple 8% interest, in 1992 the City would get the equivalent of 5 million dollars for it. So, it's just simply someone who was not economically sound in their prognosis. And this is a wonderful deal for the City and the Off -Street Parking Authority. And above all, the main thing is, 'it will give us the opportunity to build at least one garage, and hopefully two garages which are so badly needed in the central business district. In which I'm sure you all are interested because a great deal of your taxes come from that. And today with the cost...the high cost of money and the cost of everything that goes into construction, this gives us an opportunity to build at least one garage. And hopefully, we can work it out so that one of these days we can build two garages in the City. And so I urge the Commission to please pass this which is a technical matter and let us go ahead with the business at hand. And, believe me if I wasn't as confident that what you're doing t•'t;Zv wasn't in the best interest of the City, I wouldn't be here today. But I felt so strongly that this was so important... Mayor Terre: Thank you Colonel. Is there a motion? Mrs. Gordon: Mr. Wolfson. I still have the subject of discussion, I assume. With regard to the one million six, you don't have that all equity. There is a bonded indebtedness on a portion of it. Consequently, that..those statistical information that you portrayed would be true if it was all free and clear dollars. There is not...it's not all free and clear on the one million six. Is that correct? 22 OCT 171979 Col. Wolfson: No, one million six is all cash. And then we Mrs. Gordon: Yea, but there is money owed on the garage at the present time. Is that correct? You told me that last time Col. Wolfson: Well, we don't owe any money on this particular garage as ;such. We owe money on the whole bond issue which as you know, is a very low rate of interest.: Mayor Ferre: Plummer.... Mrs. Gordon: O.k. Let me go further. Since this Commission took a position' asking the voters of the C:ty to vote on a Charter change... Mayor Ferre: Mrs. Gordon, the Chair is going to rule you out of order. You've already made a motion to that sense. You are repeating the same thing you've done now 3 times... Mr. Ferre. I have recognized.. not finished speaking.. mmissioner Lacasa to make a motion... finished speaking. I still have the.. Mayor Ferre: ... and he moves a Resolution authoriz�..,g and directing the City Manager to execute a quitclaim deed. Is there a second. Mayor Ferre: All right. Now, under discussion, Mrs. Gordon. Mrs. .;Gordon: On discussion, I say that this is out of order because you would not let me continue with the reasons for the 3eferment. But on this motion, I urge this Commission not to act in haste and regret the action that you are taking, which appear to me that might have some undertones which are not in the best interest of the citizens of the City of Miami, and I would expect that none of you would want to be questioned on that issue, whether if you are acting in good faith for the interest of the citizens of the City of Miami. And the reason I make that strong statement is because you, yourself, Mr. Ferre, are the one that asked that this be placed before the voters for their decision, -.whether they want all properties under control of the Off -Street Parking Authority, under the control of the City of Miami or any other agency that is dealing directly with the City as an emmissary of the City. Now, since this is coming up in just a couple of weeks, 2 or 3 weeks, the haste of transferring this then would circumvent the necessity for a public bid. Nobody here can say, no one can say, not even the esteemed Mr. Wolfson, that a public bid would not produce a higher sum of money for the City of Miami tax payer. Mayor Ferre: Mr.' Wolfson has rejected that. Mrs. Gordon: Mr. Wolfson has rejected that but nobody can say that with firm certainty. Otherwise, there would be no need for any bidding on anything that the City is dealing with. We do have control and we do have the need to fulfill that obligation, which is to receive the highest possible...if this sale is warranted, if this sale is warranted, the highest possible return. And the fact that a couple of appraisers came does not mean that that is what it would sell for, because the public bid process could very logically produce a much higher sum than that. 23 OCT 171979 Mayor. Ferree Nrs . Gordon you've already made that finished: now? ` `Are you finished? As far as my discussion on the motion, yes. Mayor Ferre: All right. Colonel, I appoligize to you that we have to subject you to something like this. Mrs. Gordon has previously voted for this, as you know. She voted in favor of this. This is another one of her typical flip-flops. Where she votes one way on one meeting and then votes another way depending on the political, whims of the moment. Mrs. Gordon: I ask•. the Clerk if there had been a vote on this. Is there a vote on it? Was there a vote on this? Mayor Ferre: There was a previous vote... Mayor-Ferre:— on the issue of the sale of this garage, and Mrs. Gordon votedin favor of it. Mr. LaBaw you were present. Mrs. Gordon: I'm 'asking the Clerk the question. Ms. Hirai : :I -will_ ask` for our ; office to bring a copy of Resolution 501, which I'm sure is the one we are talking about. have the Copy.'of the ... Mayor Ferre: The record will indicate that the Commission voted unanimously ...5-0 for the sale of this parking garage. And this is nothing but another typical political flip-flop. Mrs. Gordon: The Commission... Mrs. Gordon: The Carmission...W. Ferre...tr. Ferre. W. Ferre, I need you to understand something that you refuse to listen to. If there was another vote on it ,we did not have the 1aawledge then, the knowledge was withheld from us, that the City had the title or any controlling factor over this sale. We were told at the previous hearing that we had no control over this issue because we did not have a title or any mechanism for which we could attach ourselves to in order to say there has to be a public bid. Now, with the title in the hands of the City, this information changes the picture. And for that reason, I say to you that in all good conscience, all of you should be willing to wait until after the November 6th Charter amendment is passed. Mr. Plummer: May I be recognized ? Mayor Ferre: All right, There is no more logic in that flip flop than there was in your flip fiot on beer, on your flip flop Civil Service, and on your flip flop on Watson Island. Mrs. Gordon: Oh Mr. Ferre, you're acting like a spoiled child again. Mr. Plummer: Can I` flip my Mr. Plummer: Mr.';liayor, I would like to speak, if T could.. I realize I don't carry 'much w' eight:around 'this 'Commission anymore 94 OCT 171979 Mayor perre: That's not true. Mr. Plummer: That's not true. I lost 50 pounds. Mr. Mayor, let me tell you and put on the record as J.L. understands it and it will predicate my vote. Mr. Mayor, there is no question that the present facility, I think we all know on Biscayne Boulevard, has been and continues to be a loser. The continuation of the new facility, it is without question in my mind, depends upon the sale of that building, because that will go, those proceeds to reduce the overall indebtedness of the Off -Street Parking Authority which will facilitate the new bonding. Which is absolutely necessary if that garage is to go in place. NOw, one of the things that has not been said is that in doing such, this garage is going to eliminate a great need of the Police Department that exists in that area, and 'it is just eradicating it from the face of the earth. But Mr. Mayor, I am predicating my vote upon the fact that this is a must, to sell these bonds to put in the new facility. The parking is critical. It cannot wait. And I will go upon the expertise of the Colonel and others who have brought this before us today. Also, that the appraisals were done and this falls within those appraisals and I would only say, Colonel, as I have always said, continue the good work that you are doing, and my only criticism is that you are not doing it faster. Mrs. Gordon: I need to make a comment for the record. The comment is that it has come to my attention that there is a pending sale on the building next door, which is predicated upon the inclusion of this property into that sale. And it is an entire possiblity that the building next doors price is elevated somewhat by the fact that this garage is a part and parcel of that sale. Now, if that is an inaccurate information that has given to me, then someone tell me that there is no immediate transfer of title pending on the building next door. Mayor Ferre: Colonel, perhaps you could answer that question and while you're at it, would you also address yourself to whether you think the City and the Authority is acting prudently, whether or not you think that what you are getting is a reasonable price, whether or not we can afford to wait, whether any irreparable damage would be done to your ability to function to whether or not there is a crises, in your opinion, for parking? Do we need parking. Do we need additional parking: And what will this in effect do if we do it. Col. Wolfson: Mr. Mayor... Mrs. Gordon: The question I asked was the one relative to a pending sale on the building next door which possibly is conditioned upon the inclusion of this garage as part and parcel of that transfer. If it's in part of your knowledge, you may not have that knowledge. Col. Wolfson: Mr. Mayor, I've been in this parking business since the day it was started. Mrs. Gordon: I can't hear you Mr. Wolfson. mr.'Wolfson: I've been in this parking business since the day it was started. I want tell you that we have no knowledge of whether this building next door is being sold, or whs_ther this is garage is predicated on it. And I couldn't care less. And I resent, very much Mrs. Gordon, the fact that you are using the City's money to promote your campaign. Now I have been a friend of yours, I thought, for a long time. But I can see now that you don't care for your friends, and you're trying to use the City's money, which you will do if don't ?5 OCT 171979 5 this is put out for bid. Because if this is put out for bid, these people are smart enough to know that nobody is going to pay more than the appraised price. And you smart enough to know that too. And I resent, very much, your taking this opportunity to promote your campaign at the City's expense. And I'll tell you right now, that if this isn't passed and if we have to wait for a bidding situation after all this has gone on)that some day you will see that we will get three or four hundred thousand dollars less for this losing garage than we are getting today by selling it at this price. And I know, from your real estate experience,you ought to know that. We have no knowledge of what's going on and we couldn't care less of whether the building next door or any other building that's sold. All we know is that we are selling a losing proposition for a very, very good price,more than the building is worthyand we cannot go ahead with this garage that we propose to build unless we get this money because the. cost of construction has gone up beyond what we thought it was going to be. And what we are hoping to do for the City is not only to build this garage, but perhaps,and it will come a little later on, to get some bonds sold one of these days when the interest rates are right, another garage. And I want you to know Mrs. Gordon, that I resent very much the position you are taking. When I came down here today, which I shouldn't be here, and have you antagonize and infer that I'm doing something which is unhonorable. Mrs. Gordon: I did not accuse you of anything. And it's very sad that you take it as a personal affront . I'm here to represent the citizens of the City c.f Miami... Col. Wolfson: Well you're certainly not doing it today. Mrs. Gordon: That is a matter of opinion. And I believe that, with all due respect to, you, and my respect for you, whether you believe that or not is almost an immIterial fact, but the fact is that I'm here to represent- the citizens of the City of Miami and I have to make tough decisions. And some of the tough decisions that I have to make involve touching some corns on some dear people, such as you. And if you think this is because I'm a candidate, this decision that I'm making today, this tough decision, has nothing to do with the candidacy. It has to do with my representing the people as a City Commissioner of the City of Miami. Until I am removed from this position,1 have to do thatland do it to the best of my ability. Mr. Lacasa: Mr. Mayor, this is my motion. I call the question. Mayor Ferre: All right, call the roll. The following resolution was introduced mmissioner Lacasa, who moved its adoption: RESOLUTION NO. 79-680 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK OF THE CITY OF MIAMI TO EXECUTE AND DELIVER BY QUIT -CLAIM DEED, LEGAL TITLE TO THE PROPERTY LOCATED AT 130 BISCAYNE BOULEVARD, MIAMI, FLORIDA, UPON WHICH THERE CURRENTLY EXISTS A STRUCTURE KNOWN AS THE MUNICIPAL 26 (TEXT CONTINUED ON NEXT PAGE) OCT 171979 . PARKING GARAGE #2, TO THE DEPARTMENT OF OFF-STREET PARKING OF THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). i Upon being seconded by Commissioner Plummer,, the resolution was passed and adopted by the following vote: AYES: Commissioner Armando Lacasa Commissioner (Rev.) Theodore R. Gibson Vice -Mayor J. L. Plummer, Jr. *Mayor Maurice A. Ferre Commissioner Rose Gordon* *NOTE: Even though Commissioner Gordon voted "yes" on roll call, she later requested the Clerk to correct her vote and to show her voting "no" on this issue. NOES: COMMENTS ON THE ABOVE: *Mayor Ferrel I vote, yes, and I'.m glad that Mrs. Gordon flip-flopped.agan. Mrs. Gordon:; And I'msorry that you are. acting like a spoiled ;child again, Mr. Terre. Mayor Ferre:. Colonel, you have the full -support of this Commission. You had:5 positive:votes.;despite the political antics that were played here. You'have full support of this Commission. Mrs. Gordon: Mayor Ferre: Oh, you've flip-flopped again. All right, she.s voting no, so it's 4 to 1. Mrs. Gordon: Maurice, why don't you start acting like an adult. 15. AUTHORIZE OFF-STREET PARKING AUTHORITY TO TAKE NECESSARY STEPS PREPARATORY TO ISSUING PARKING FACILITIES REVENUE BONDS. Mayor Ferre: We are now on item number 21. A Resolution authorizing the Off -Street Parking Board of the City of Miami to take the necessary steps prepatory to the City issuing, not exceeding 12 million dollars for parking facilities, revenue bonds on the City of Miami, Florida including the employment of financial advisors...Sir? I'm reading item 21. Are you on item 21, Mr. LaBaw? All right, now...I beg your pardon. What we are doing here, ladies and gentlemen, so that there are no questions asked later, is that we are substituting 14 rather than 12, but the resolution remains the same. Mr. Knox, have you been consulted as to the legality of this resolution before us? n r.T 171979 • this on the agenda? Mayor Ferre: Item number 21. Colonel Wolfsonhas asked that we take 20 and 21 out of order so that he will not have to come back at 2:30 this afternoon. Mr. Plummer: Mr. Mayor, I think it should be noted on the record in deference to Colonel Wolfson and the Off -Street Parking Authority, as a customary procedure in this Commission, that we are hearing your item out of order. It does not preclude, because it is scheduled for 2:30, that if anyone wishes that it be brought back up, that it will be done so. So I don't want you to think when you leave here, the long standing policy of this Commission, that anyone who wants to speak at the 2:30 time,would have the opportunity to do so. Mrs. Gordon: I want to call your attention to the fact that the Resolution we've just been handed and the figures that are in it, differ from, the agenda amount of item number 21, that our packets, at least mine, did not include a backup material on 21. And I've had no opportunity, until this very moment to look at the backup material. And that differs from the agendaed amount. Mayor Ferre: Again,, the difference is between a fourteen million dollar and a twelve million dollar request for bonds. Colonel, T just want you to know that we have a public hearing at 2:30, and of course, all we are really doing is, in effect, passing resolutions, at.this time, `whach may be brought up again for discussion and• for a vote in the regular public hearing time which is 2:30. Out of courtesy to you, we are taking them up at thistime for that reason. All right. Mrs. Gordon: an advertised it was advertised...I assume this was Wasn't; it advertised? Mayor Ferre: They were both advertised items. Mrs. Gordon: The fourteen million was not. It says twelve million in; the agenda. Mayor Ferre: Yes. And that's why during public hearings these items can be changed. We will be taking that up this afternoon. I just want to take it...because Mr. LaBaw and Colonel Wolfson, and the members of the Board are here, that if we have any questions that we can take it up, hopefully pass a resolution in support and bring it up again for discussion, if necessary, at 2:30. Mr. Plummer: Mr. Mayor, you know, I've got a problem with that. Not that. I have a problem with what Mrs. Gordon has just brought up. Colonel. As I understand this Resolution, what you are asking this Commission to do, is to allow you to proceed to take the necessary steps to issue bonds. All right sir? It would be with my understanding, that before the final action, it would come back before this Commission. Mr. Mayor, I would suggest, and feel much more comfortable with, a Resolution authorizing the Off -Street Parking Board of the City of Miami, to take the necessary steps preparatory to the City issuing parking facility revenue bonds of the City of Miami, Florida, including the employment of financial advisors bond counsel and parking consultants, leaving, so we can give them that authorization to proceed today, and then schedule the other amount, for the agenda in the right amount. And I think that this gives them the necessary to go ahead. Mayor Ferre: Is that acceptable, Mr. LaBaw? Mr. Plummer: Do you understand what I'm saying, Mr. LaRaw? 28 OCT 171979 Because it still has to ;come back here for a final vote, or in effect, it, can come. back at the next meeting, if you want, with the •agendaed" item correct. Mr. Plummer:. Rose, all I'm doingis dropping._- the''words exceeding fourteen million dollars",'that!s real?y what. Mrs. Gordon: Okay, all.right-.: Rev. Gibson: Move. Mr. Plummer: The motion..., a Resolution author.izing. the Off -Street Parking Board of the. City of. Miami, to:take the necessary steps preparatory to the City issuing ;:parking facility revenue.... Mrs. Gordon: Okay, fine. Mr. Plummer: Mrs. ....bondsof the City o ordon: Second. Mr. Plummer: ....including the employment bond Counsel and parking consultants.,'. Miami, Florida. Mayor Mrs. Ferre: All right..:. ordon:,-:�;.I '11second that..: Plummer: You can live!` with Mayor Ferre: There "is;a motion and .a. who .seconded. this Motion? that. Mrs . Gordon:: •I, did. Rev.:Gibson: I,,seconi Mayor Ferre: Father Gibson? All right Further discussion.... Mr. Plummer: I thought I...didn't I make the. motion? Mayor Ferre: Plummer made the motion, Gibson seconds, further. discussion Call the roll on item 21. (BODY OF :'THE°; RESOLUTION AND PERTINENT VOTE TAKEN, FOLLOWS: ); of •f inancial. "advisors, e understand the other. secon • further discussion... NOTE: Though Mayor Ferre announced on the public record that Com-' missioner Plummer was the maker of the motion, seconded by Rev. Gibson, this Office, upon listen- ing very carefully to the public record has noticed that the Re- - solution was first seconded by Commissioner Gordon on a couple of instances, and that a couple of minutes later, in responding to Mayor's Ferre question as to who had seconded the motion, both Mrs. Gordon's response and Rev. Gibson's, overlapped one another, both offering to second, at the exact, same time. This Office of the City Clerk shall not erase the tape in case there are any ques- tions. The following resolution was introduced by Commissioner Plummer, who -'moved its adoption: RESOLUTION NO. 79-681 A RESOLUTION AUTHORIZING THE OFF-STREET PARKING BOARD OF THE CITY OF MIAMI TO TAKE THE NECESSARY STEPS PREPARATORY TO THE CITY ISSUING PARKING FACILITIES REVENUE SHARING BONDS OF THE CITY OF MIAMI, FLORIDA, INCLUDING THE EMPLOYMENT OF FINANCIAL � 9 (TEXT OF RESOLUTION CONTINUED ON NEXT PAGE) OCT 17 1979 ADVISORS BOND COUNSEL AND PARKING CONSULTANT Here follows body ofresolution, omitted, here and on file in the Office°of the City: Clerk). Upon being seconded by *Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: NOES: None ABSENT: NONE Vice -Mayor J. L.,Plummer, Jr. Commissioner Armando Lacasa Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre *NOTE: PLEASE.SEE PREVIOUS CLARIFICATION OF THE VOTES ON TEIS ZIOTION ON FOREGOING PAGE. Mayor Ferre: Thank you, Mr. Labaw and Colonel Wolfson. 16. NAME PARKING GARAGE NO. 5 IN HONOR OF THE LATE LOUIS WOLFSON II. Father Gibson: Mr. Mayor, before they leave. Colonel I hope this may not be an infringement, but I'm for the members of...my fellow Commissioners who may not have had the opportunity to be present on Sunday► I would hope and I don't know how this is done, I know chow it's done in our church, I would hope that somebody would put together that eulogy by Ralph Renick and made it available. I'm not going to ask you to answer that sir, and make, it available to the public. I think for young peoples sake, that maybe they might learn something from that eulogy. And especially the inscription that he referred to over the tabernacle. Mr. Wolfson: Thank you, it will be done. That inscription that Father Gibson is talking about, my father put in the Temple. (IN LATIN, INAUDIBLE). And it's so applicable not only in religion but also morally and politically and everything else. Gentlemen, I didn't mention anthing but I think you all could be very proud of the new garage that we propose to build. And we think not orfly will it be functionally correct, but I'm sure it will be like our other garages>aesthetically beautiful for the City. I think it's very important that public buildings, whenever they are built, be built in a manner that aesthetically improve Miami's position as a beautiful place to live. And this garage, I think, carries out the spirit of what I would like to see done with all public buildings. And that's a picture of what the new garage will look like. And hopefully, we can build a second one and not too far in the future. mayor. Terre: When will the construction of that commence, Colonel? 30 nrT 1 7 1070 'o Col. Wolfson: Well, we're working on the plans right now and... because the bond market is in the shambles, as you probably know, probably we will hope to come back and present a bond issue to you sometime... perhaps it will be sold in January. Which we think maybe the market will be a lot better off. And then it would take about a year to complete the construction of it. And this will provide over 700 cars in the Downtown area. And now with the sale of this garage on the boulevard I think we can sell enough bonds. Of course, ;4- depends on the market with this money to at least construct the first one which is going up like everythinc else, as I've said before, on account of the inflation problem. Father Gibson: Mayor Ferre: Father Gibson: This is not to you Colonel. This is to you, sir. I would hope that when the board meets, that they would take into consideration...you know I'm getting very scared, for lack of another word presently, there is an awful lot of people serving this community. And after they've served, nobody really cares, and nobody ever remembers. I would hope you would say to your board that somebody suggested, I can't tell them what to do. I don't suppose we can... Father Gibson. Mayor Ferre: We can... Father `;Gibson: building. Col. Wolfson: You're suggesting that we name' this building after some former citizen of Miami who served the public... That's a good idea. Father Gibson: No, yes, sir. I, well, I'm not asking you this. I'm talking to you, sir. You see me after the meeting and I'll tell you privately what I...what's on my mind. Col. Thank you very Mr. Mummer: It just doesn't Ferre Building. (LAUGHTER)` Col Wolfson:` Thank and Mrs. Gordon. look like the Maurice Mrs. Gordon: It could look like a Mitchell Wolfson building even though Mr. Wolfson made some bad remarks about me. I have noobjections to that. Father Gibson: I'm talkingabout, his son. O.K. so that nobody would make..go,from here under any misapprehension, I'in saying that you ought to suggest to your Board that they name that building for his son. And then make sure that they read what Ralph Renick said about the inscription before they name it. So that it will, carry with it. Mayor Ferre: Well, I think, you see, there was a misunderstanding here. It's not going to be the Maurice Ferre building nor is it going to be the Mitchel Wolfson building either. I think we should take the inscription "Knoweth before who thou standeth" and I think that in the dedication that we ought to put that on that building. In the plaque. And I think thatwd what ;e ought to o is take the words of Ralph Renick, at least that portion towards the end of the statement, and incorporate it into the dedication. And I think, this Commission, if you will forgive us, has the authority to do that, Mr. LaBaw. And I'll recognize Father Gibson for the purposes of making that motion. that 31 .. MbOM 4 1r •A441" Rev. Gibson:"' Mr. Lacasa: Mayor Ferre A11 tight; call the roll: The "following motion who moved its adoption een properly move MOTION NO. 79-682 A MOTION NAMING PARKING GARAGE NO. 5 IN HONOR OF THE LATE LOUIS WOLFSON, II.AND INCLUDING THE EULOGY BY RALPH RENNICK ON THE DEDICATION PLAQUE. Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Commissioner Armando Lacasa Commissioner Rose Gordon ':Commissioner (Rev.) Theodore R. Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: ABSENT: Mayor you. Mr. Wolfson: Mr. Mayor, if I may just say one word in closing, I've been on both sides of the fence and I know the very difficult you all have in making tough decisions and I had hoped that whenever I come before I'd bring all the facts because it's tough enough to make the right decision on a tough ques- tion when you have all the facts, it's impossible to make them without it, and there isn't a day that goes by that you don't have to make tough decisions, and I think that the community here owes a debt to all of you for the services you've rendered because my family are very conscious of the fact that public service is so important to a community, and as my ..ather said, who sat as a commissioner in Key West, on the City Council, I sat, as you know, on Miami Beach, ..some absurdities you've heard today when (inaudible) and that is "You cannot grow a crop every year unless you put something back into the soil." And that's always been the family's position, that we should put something back into the soil, and you, lady and gentlemen, are doing that every day. And thank you very much, not only on behalf of myself but on behalf of all the citizens of Miami. Thank you. Mrs. Gordon: I wish you a long and healthy life, Mr. Wolfson, you've done a public service few people in this community have done. MayorFerre:; All right, thank you. 32 OCT 171979 O. PERSONAL APPEARANCE OF ERNIE FANNATTO REGLRDING HANAGEMrNT OF CITY EMPLOYEES' PENSION FUNDS. Mayor Ferre: Alright, we have Mr. David... Mr. Plummer: Mr. Mayor, excuse me. Mr. Mayor, Mr. Fannatto asked that he be recognized this morning... Mrs. Gordon: Mr.... wait Mr. Plummer, excuse me, but I don't want to interrupt your Mr. Fannatto, but Mr.`Tackett is already here. Mayor Ferre: Alright, Ernie hurry up and make your sta'-.ement and then we will take up Mr. Tackett. Go ahead Mr. Fannatto quickly. Mr. Fannatto: Honorable Mayor, and members of the Commission, Ernie Fannatto is my name`and -I'm President of the Taxpayers League, Miami and Dade County. I have a verybad cold, so you have to excuse me. But the subject matter is what I spoked about last week taking the stock market... the pension fund money out of the stock market, I think it's a risk and it's too big a risk. It's not fair to the Police, Firemen and City of Miami employees, because if this thing should jolt again like it has since I have been here, I don't think the City of Miami will have enough money to put back in it. And I don't think it's right. I think it's too big a risk. I think we ought to have our money in federal notes, maybe ten and a half percent, but let's be sure of what we are doing without gambling. I fee this way about it, that if the Police and Firemen and the City employees want us to continue... I mean, the City of Miami to continue in the stock market, then they are going to have to take that risk, but I think they should get together and come before this Commission and say we will be satisfied without a risk and let our pensions bE secure, because I think I have been a friend of the Police and Firemen and City e:,Ieloyees and I would like to see that pension fund secure. And you can't... it's not going to be secure when you keep money in the stock market, because the stock market is not secure. This is not a question of the Country's condition, this is a question of Wall Street. Anybody knows who has followed the stock market... I have been in one of the wealthiest clubs in the wor.d and I have seen the biggest stockbrokers go broke, Pine Valley Golf Club and the biggest businessmen go broke, they didn't know how to combat the stock conditions when you had the last depression. So I say this here, get in out of the rain, stop and get that money out and put it in secure notes. I don't think that the people in Miami can afford to stand a jolt of maybe fifteen or twenty million dollars or more. I don't `hink they can stand it and I don't think we have the money. And I say this here, Mr. Plummer, I would like to here from you, you advocated the doing away with the money in the stock market over a period of years. What is your opinion on this? Mr. Plummer: Mr. Fannatto: Mr. Plummer: Ok. Let me try;to alleviate your fears and to tell you that my Board presently is in fact looking;into`a long term guaranteed fixed income. I am not telling you that my Board is going to enter into that agreement. We had a proposition made to our Board for a ten year fixed income from a very large and reputable insurance company at a very good rate at that time of offering. I am sure with what the market has been doing recently, they would like the opportunity to increase that rate of which is considerably higher and betr-er than what we are presently doing. But I want you to know Mr. Fannatto, that I did appoint a Committee who is not only looking into this one proposal, but is charged with the responsibility of soliciting others to see if in fact the City can get a better deal on a long term basis. Mr. Fannatto: Well, Mr. Plummer I'm going to... Mayor Mr. Fannatto: gi t go much further. Now, I'm just about through, Mayor. I want to, commend you on 33 OCT 171979 wbat-ycu doing, but you can't doit too quick.You know, the; stock market' did get down sixty-seven points. And' I was ;'there three weeks ago. Mr. Plummer: Mr. Mr. Fannatto: Yes? Mayor Ferre: Alright, thank you, very much. Mr. Plummer:. Mr. Fannatto, when you are making decisions dollars I will not act in haste, These things have to be Mayor Ferre: Alright, thank you, very much Mr. Fannatto. Mr. Plummer: done out. But'I am moving in that direction. Mr. Fannattot Oki tomorrow might be too late. Mayor Ferre: Alright, thank you, sir. Mr. Plummer: Yes, I might not be here. 18. PERSONAL APPEARANCE OF MR. DAVID TACKETT OF TIIE COCONUT GROVE MERCHANTS ASSOC., AND MS. LORRAINE PRINCE REGARDING TRAFFIC AND PARKING IN THE COCONUT GROVE BUSINESS DISTRICT. Mayor Ferre: Alright, now we have Mr. David Tackett and I will recognize him at this time. Mr. Plummer: What item, Mr. Mayor? Mayor Ferre: This is a pocket item, the merchants in the Coconut Grove area have requested to be heard because of a<;parking problem. So Mr. Tackett why don't you explain that to us.' Mr. Tackett: Mr. Mayor, Mr. Vice -Mayor and Commissioners, David Tackett, 2860 Southwest 22nd Avenue in the Grove representing the Merchants Association. This is in reference to Motion No. 79-230 on March 22nd at which time the Commission voted unanimously in favor of further review of traffic flow and parking situation in Coconut Grove. I'm sure everyone remembers that exciting day. At this point in time we find that we are faced with the same situation that we were then. The Grove has improved greatly. The beautification is terrific. We are very happy with it. The problem that we have is that in dealing... or have had in dealing with teh City and the County is that throughout our negotiations and we have had several meetings, it has been the basic stance of the City. the City Directors, George Campbell for instance who I understand is now out of the Commission, he is in the hospital or just released. The stance has been that they have been waiting for a proposal from the County, that proposal from the County has not yet come to us. We have no drawings, no diagrams, no counterproposals. As late as last Thursday I had meetings with Mr. Don Coombe and Mr. Luther Long from the County at which time we stood on the street and discussed the issues, discussed our counterproposals which have been many and I have a stack of correspondence referring to that and came to an agreement that there would be no damage done in continuing the parking situation as it is on the 3400 block of Main Highway. Meaning that in the morning they would have two lanes going North bringing the South people to Miami. In the afternoon they would have two lanes bringing the people from Miami back to the South. An agreement was made, a letter was to be issued to us stating that, that was how it would be, then Monday morning we find that from the City a Mr. Cather had over ruled it. I then called. Mr. Cather and asked why? We have no explanation as to why. Except that he just won't do it. We don't understand it. It doesn't make sense to us. We have other interested parties. We have the Civic Association We are considered with more than parking here. We are concerned with more than parking here. We have a safety problem. I don't believe that's been dealt with properly. We have not had anything other than one diagram issued to us from the County which we believe and has been Lurn over to our traffic experts incidentially, substantiates our stand that it's a safer situation without the parking all day long on either side of Main Highway. It's a simple issue. We don't feelthat there is a major problem here. The traffic is flowing now better than it ever has. We have a lettevirom the Civic Association who also g1 OCT 1 71979 is interested in the safety of pedestrians in the Crove. For instur.ce a crosswalk on Grand Avenue at the school has been eliminated. The Civic Association, the School and the Policeman that work that crosswalk feel that it would be safer for the students to cross mid block rather than at that five star intersection, which we all know is rather confusing as far as changing of lights. All we ask at this point is that we have pursued this. We have had many meetings. We have invited the City and the County officials to our own meetings. We have yet to have one attend anyone of those meetings. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Tackett: Pardon me? Mrs. Gordon:. I haven't known about it. I haven't known abo"t your meeting... Mr. Tackett: We did send copies of letters of,counterrroposals to the City Commission. We felt that the vote of the City Commission directing the City and County officialsto deal with this was sufficient. We don't want to take up all of your time with our problem. The problem has arised now... that has arisen, that Mr. George Campbell who we were dealing with is no longer working with the City due to his illness. W. Jim Campbell is no longer with the County and we feel it a bit of an intrusion that Mr. Cather should step in at this point and, instantly say. "no, this is the way it's going to be". That's where we stand. We had our own traffic engineer. We have a letter from him dated the llth of October stating that he has held off on his traffic study because of the construction and disruption in the Grove. Mayor Ferre: Alright, Father Gibson? Rev. Gibson: Mr. Mayor,I thought when we were discussing this some months ago it was agreed harmoniously, agreed that the people will have input and there would be a thorough'. understanding and I was nappy. And I'm shocked to know now that somebody has gone and done his thing or n',1t to make his own rules. Now, either the people who come here can trust us fur what we say and depend upon what promises and commitments we make or they can't. Now, you have to admit that Coconut Grove looks ten thousand times better and you know, I go through there everyday unlike any of the rest of you, because that's how I have to get home. And I want to agree wit', you sir and I hope Mr. Mayor, you tell me what I ought to do so could d_.ect if I have to or you know,... I just don't see this. Mayor Ferre: Well then we will.. do that let's hear from -'the Administration and Rev. Gibson: I saw our man out there about two mornings... was that right Mr.... maybe you could tell us what was happening. I saw you out there, you tell us so this man' could know. Ok, tell us. Mr. Cather: Thank you, Commissioner Gibson. Mr. Tackett's group as come to us on several occasions following your directive to the department to very carefully consider their suggestions relative to changes in the designs prepared by the Dade County Department of Traffic and Transportation. To give you a brief bit of background of the Coconut Grove beautification, pedestrian lighting and traffic improvement design was done under the continual cooperation of the Adhoc Committee appointed by the Mayor and you Commissioners. This consisted of several major representatives of the Coconut Grove community, such people as Ken Triester, Ms. Lorraine Prince who is in the audience, the rector of the Episcopal Church, these people have continually modified and reviewed all of the design of this improvement. Part of the design of this improvement consisted of stripping the pavement on Ma°n Highway. Mr. Tackett and others in his particular merchants group raised some very good questions regarding the design of this striping arrangement in the Main Highway section of this improvement. We had several meetings with his, group. All of the material presented by his group was presented to the County Department of Traffic and Transportation. We reviewed all of that andunfortunately for this particular group of merchants, it was determined by the County that the design as presently constituted was the best arrangement for moving traffic and parking on Main Highway. So we are proceeding to stripe it as designed by the Dade Count-v Traffic and Transportation Department. and inthe event that it does not work out, then it was agreed that we will change the striping and change the location of the parking meters at some gl OCT 17 1979 at some future time. However, after reviewing all of the comments made by Mr. Tackett and hie group, the Dade County Traffic and Transportation engineers, Mr. Campbell and in agreement also with Mr. George Campbell of our Department agreed that this arrangement that we have now is the best design that we can come up with so far and it does take care of all of the merchants in the area. It does take care of the pedestrian crossings. It also provides for safe left turns into the merchants on the other aide of Main Highway from which Mr. Tackett is not... his business on the North side. Rev. Gibson: Let me ask one other question. Did you call them back together and tell them? Mr. Mr. Mr. Cather: Yes, we informed him of When was that, sir? Well, I don't remember the exact date, Mr. Tackett: That you decided that the County drawing that was originally proposed was the one that was going' tobe used without any alteration whatsoever? but you were at the meeting. Mr. Cattier: Well, we made several alterations, and You saw that we did consider those. Mr. Tackett all. None. it 'and'you saw those alterations seen no alterations to that diagram at Mrs.' Gordon: I, believe Mr. Ferre, that we should direct for Public Works Department to do nothing further on this issue until after they have met with the Merchants Associationand then come back to us with a new agreement. I so move. Mr. Grassie: Well, I"have""problems with the Commissioner moving anything that directs a departtnent to do something of that type. If the City Commission wants to express Your... Mrs. Gordon: It's a policy Mr. Grassie: It's` not does Commissioner... position. a policy position with regard to what the department Mrs. Gordon: That the.. it appears that there is discrepancy between... Mr. Grassie: ... but certainly if the... please let me finish. Thank you. But certainly if the City Commission wants to indicate your preference in this regard. I think your experience has been that we have always accommodated that. Now, I think that you also should know that the department has been working, Mr. Cather has been working with the citizens group that represents all of Coconut Grove and has I understand it, that citizens group appointed by this Commission is in agreement with the actions that are proposed by the department. We have a separate group in the community that does not agree. So simply so that you have that background we can get more record on that for you if you wish, but... Mr. Cather: Excuse me, please. I think that is so simple that it becomes accidentally inaccurate. The Adhoc Committee has not been active on the laning, striping and parking, admittedly so. As a matter of fact a couple of the Adhoc Committee members haven served in months, almost years because there has not been a need for it. As a matter of fact in meetings with individuals from the Adhoc Committee parking, laning and striping was not a major issue. But It wan on the drawings, most of which are not even under- stood by tht' common Adhoc Committee citizen. This is a job for traffic engineers and fur people of a specific concern. We have an instance of the crosswalk which has had no consideration for th students crossing from the school on Grand Avenue. We have a situation on Main Highway where we have not seen a single traffic study that shows why there is a necessity for traffic that flows on Main Highway throughout the day. At peak hours we admit there is a need for extra lanes on either side. Tn the morning on the Bay side. In the afternoon on the opposite side. I stood myself with Mr. Long last Thursday afternoon, Mr. Luther Long from the County watching traffic at 10 o'clock and counted perhaps fifteen cars in twenty minutes on Main Highway and that goes both ways. That does not necessitate parking on both sides of the street all day long. Our problem is that we have not had a drawing, a diagram or a representation from the City or County that would gl 3R 1971 substantiate the drawing that was done in the first place. We are not saying that the drawing that was done in the first place was done purposely in error. We are not saying that the entire project is in error. Anyone can error. Anyone can perhaps put something in for the future that may not be necessary, may not be necessary now. Mr. Cather suggested to me on the phone the other day that we paint in the stripes now and see if it works and try it again later if it doesn't work. Why go that way when it's working now, when the traffic flow is working now and there are no problems now. Why not leave it as it has been in the past. If that doesn't work then we are open to change and the Civic Association maybe opened to change to remove that crosswalk which has protected students for years. This the situation that we are faced with now. If it's working now, why change it. Rev. Gibson: Mr. Mayor, I would like to suggest to the Commission that the Commission ask the staff, both County and City to meet with the Adhoc Committee and I think that the staff people ought to listen to what they have to say and then tell them why. Now, I have to say this, the Grove is so much better now than it was. And as much as I may want to go back where I was, I would think that we ought to hear the reason. And I see Ms. Prince. I know that if those people have not been heard she will tell us and I would much rather not direct that staff because you know, you get in trouble. I would rather suggest to them that they meet with the people, explain why they don't want what you want sir and the like. Mrs. Prince tell us so we could out of... Ms. Lorraine. Prince: I'm Lorraine Prince and I'm Chairman of the Adhoc Advisory Committee to the City on this beautification program. And I would like... Mr. Tackett Ms. Prince: Mr. Tackett: Ms. Prince: Mayor Ferre: Mr. Tackett: Could you list the members of the Adhoc Committee for us please Pardon? The members of the Adhoc ;Committee ?. ure., Address yourself to the Chair, ' and I will:, Mr. Mayor? Mayor Ferre: Yes. Alright, Ms. Prin^e: The members of Lester Pancoast,Ted Schomey Simonhoff, Claire Filer who meetings and, myself. Mr. Tackett: Pardon me? Ms. Prince: Mr. Tackett: Claire Filer? Mayor Ferre: Resigned. Ms. Prince: He resigned because he could not attend meetings, he wrote me a note and said he could not. I have had over thirty meetings and we still meet on occasions. This is over a period of two years and eight months to date. The irst... we have been going over all of the plans and there are certain restrictions put on us as everyone else. When it comes to the Department of Transportation, they seem to have the say so of everything. We looked over all of the plans and we had to agree on somethings because they said it couldn't be any other way. Now, eight months ago on March 22nd, the Merchants Association was formed and someone got the bright idea of changing the Block from Fuller to Grand. Why? I don't know. We can't do that. If we did that we would have to change the parking all over the area for everyone to suit their immediate needs. We can't do that. We have got to progress and the funds are here and we are almost to completion. In fact one of missions here today is to ask you when we can celebrate a lamp lighting ceremony before the end of the month. And let the merchants get back to their business and let the public know that they can come here to a beautiful place now and it will be a delight to shop, because it has hit the merchants very hard. Now, Ms. Prince. f you would please. the Committee were Henry Alexander, Father Hingston , Kenneth Treister, Fred Stanton Smith and Micheal resigned at the beginning he couldn't attend any gl OCT 1 71979 This otWer business of the parking, we have to subscribe to what DOT promotes for us or does for us. We cannot say "yes" you can have this section, you can have this section for your parking place. Everybody would love to have parking right out in front of there shop or something like that. But we can't do this individually. And this organization has not invited me to one meeting since March 22nd when they came here. I do not know what is going on and I would not have known about this if I hadn't heard something way off in the grapevine that this was coming up today. And I think that when you are Chairman of the big Committee that has done all the work these past years should be advised at least. Whether I can make it or whether I can't, I could send a representative. But the Chamber of Commerce has received no information at all and I don't appreciate coming down here and getting things thrown in my face because I have worked hard and I intend to work hard until it's completed. But I do want to ask you if you will be able to agree on an evening celebration lamp lighting ceremony so that we can take care of the formalities of this and what we would like to do is finish the job as it is, then later on if we have any complications and these people feel that they need considerable aid we will look forward to having them talk to us and bring it here and we will join them if it's feasible. Mr. Tackett: Mr. Mayor, as far as the invitation for the meeting, the only reason that we are here today is a phone call to Commissioner Gordon, an emergency phone call this very week only got us on as a pocket issue as of yesterday. We didn't know when we would be on until this morning. So there was no neglect in that reference. The only reason that we had to do this is that.Mr. Cather was sending his crews down to paint the laning and striping on Monday morning when we had been advised by... and we do agree with you that the County DOTT does seem to have the final say on this. That's what confuses us, because in a meeting with representatives Mr. Luther Long and Mr. Don Coombe, Wednesday and Thursday of last week, they were in agreement with us,___ excuse me, I lost my microphone ---they were in agreement us that there would be no damage done to the traffic flow in the Grove just b•• allowing the lanes to open up doing the peak hours on either side. Now, this is nrt a cost issue. We are not holding up the project. There is no dollars and cents here. All we are talking about is paint, that's it. So we are not damaging the project, we are not holding it up. We are in agreement with the County and they did state, Mr. Luther Long who then I guess took over for Mr. Jim Campbell who is no longer with the County, that this would present no problem if they have the final say-- is it working? Why does it work for him and not me?--- if they have the final say and they are in agreement and can see no problems with what we have proposed, then why after Thursday of last week on Monday of thisweek are they sending out the paint crews to do what they had intended to do in the first place. That's our question'. Why? If the County has the last say and that's what they say, why don't they do it that way? Mr. Prince:. I would like to respond to that and just say that if we do it for one now there maybe others who would say "well, I don't like exactly the way this is set up in front of my shop andwewill never, never get this program closed. And we would like for it to be finished so that everyone can enjoy it and get the people here and get it, back to the good Coconut Grove business area that it was. And you will still be here you know, and you can make your claim for something else another time, but if we start doing it for one others may ask for some special thing done for them, not that there is anything wrong, but if one person feels that someone else is being favored and the program is held up. Now, I don't think we should hold up the program for anyone, continue right though. Mr. Tackett: far as we are Mr. Prince: Mr. Mayor, we will -have the lamp lighting tonight because as concerned on thirty or four hundred -block is done. Well, unfortunately.. Mr. Tackett:: It's ready now. What we don't need is the no parking signs on either side, that's all we are asking. That's all we are asking. And if it creates,a problem, if traffic won't flow, then we are willing to come back and negotiate, but traffic is, flowing and it is... and as a matter of fact they pre parking twenty—four hours a day on either now, because there is no sign. And we'are willing to,give•the peak hours back. We will delay nothing; and it will. cost nothing. Mayor Ferre• gi Alright, Ms. Prince, you wanted to say... 3 V. r.: _, w 7 1979 Ms. Prince: But we= just :can't hold it u they want right now, that,s my opinion..;' Mayor Ferre: Alright, we have two opposing opinions now. Do you want to add anything else? Mr. Tackett: Well, the only thing that we might add to that is that I can't understand why we are getting this conflict with the Chamber of Commerce and with Ms. Prince. We do not intend that we don't wish to have it and I am not an individual. I do represent an organization of businessman, about seventy-five which have employees totalling in the hundreds who have interest and we have meetings once a month and we have invited these City officials which you directed to deal with us to come to these meeting which they have not, not one. And the basic issue here is we are not costing -.y money and we are not delaying the project and no one has showed any diagram or reason why our ideas won't work. The only answer we had, the recent- answer was from Mr. Luther Long from the County who said "yes, it will work" and that is how I will so direct and then it didn't happen. That's why we are here. Mayor Ferre: Alright,Mr. Grassie, I think we have heard both sides of this. What's the Administration's recommendation and then we will come back to the Commission? Mr. Grassie` the fact Mr. Mayor, Mayor Ferre:: Alright, let's see if we have Mr. Plummer. Is Mr. Plummer. here?° Alright, Mr. Plummer, we are about to come to a conclusion on this, you might: Mr. Grassier.. In view of the fact being proposed in the sense. of... Mayor Ferre:' Well, wait aminute. Why don't you: wait: until Plummer returns so that we have a full Commission and then the Commission, can make a decision. Mr. Mayor, that nothing -irreparable is Mrs. Gordon: Let me ask you a question Lorraine while we are waiting for Mr. Plummer. Lorraine, what would be the terrible harm in no signs being put up now and that further, discussion go on -between ..lie businessmen and the Committee, or whoever or the City, because it.seems to me you all are going to have to live together for a long time and to push this hard now hard as it's being pushed, you know, I.think .it's A little bit uncomfortable. At least it is for me. to sit here. Ms. Prince: Rose, I'm.not against them... I: know these people and I like everyo; of them. They are very,, very _..nice people, but if we do it for one we are going to have to do it for another. Mrs. Gordon: Therefore, you know,, let,'s.have the celebration,let's have the lamp lighting, het's not forcethesepeople.out of,:business. Mayor Ferre: Well,. why don't let her....why.don' you let her finish her,stateinent. I'm sorry, go, Ms. Prince:`` Well, if we do it for this block,. we.are going to getrequests for other blocks =to'do something else and we just can't afford that time factor now. Mayor Ferre: Ok. Alright, now... Now, Mr. Grassie, could... Mrs. Gordon: In rebuttal to that, Lorraine there has been no other requests from auy other groups and if there is you deal with them as they come up. But this is one that has come forth and is a serious economic problem that goes beyond just the one that you are facing now, but you must face the issue that lease renewals for these particular merchants are going to be difficult when there is a sign up there that says there isn't any permission for any parking at anytime of the day. You know,... Mayor Ferri!: Alright, is there further discussion? Alright, Mr. Grassie, why don't you give... Mr. Tackett: Mr. Mayor? Mr. Mayor, please... party, let's have. the have everything, but'.let's t let her finish. Why don' ahead. gl 39 OCT 171979 Mayor Ferre: No, -no, look, look believeme, what's happening;noWis that she is repeating what she said, you: are repeating what you saidand this the fourth or the fifth time. I think the issue is very clear.... Mr. Tackett: I only have one thing Mayor Ferre: Alright, and,;; going to discuss it here. Mr. Tackett: Alright, this will be my last statement, ok. This is not one group asking for one item. We have letters from the Civic Association supporting our stance. We had a meeting with the... an emergency meeting with the Chamber of Commerce Board of Directors supporting our stance and we have the Police Department supporting our stance on the crosswalk. I mean, we are not along. It's the Grove wanting to do what's best for the Grove. Mayor Ferre: Alright, thank you. Alright, Mr... Ms. Prince: May I say something? Then I can't understand why all this time the Chamber of Commerce was not notified nor was I and; as of last evening I sought out someone to tell nie if there was going to be something doing down here this morning. I was not advised by this group. Mayor Ferre: Alright. Alright, Mr. Grassie, what is the Administration's recommendation? Manager's opinion and then we are Mr. Grassie: It is our recommendation Mr. Mayor and members of the City Commission that the project be completed as designed after two years of active citizen input, but that we keep the door open to all of the members of the Grove and the Merchants Associations, several of the Merchants Associations to continue discussion with us particularly after we have a little experience with the traffic pattern as it is designed. And as we gain experience with it, we certainly would be willing to reevaluate it, but we do recommend that this brought to a conclusion and that the project be declared finished and that we have the celebration that Ms. Prince recommends. Mayor Ferre: Alright, what's the will of this Commission now? Rev. Gibson: Mr. Mayor, I offer.a motion that the project continues, that we gain the experience and that, that Adhoc Committee be in place and that any and all changes pretaining to that work must be dealt with through and by them first. Now, if you don't want the Adhoc Committee get rid of it. And I think you ought to be talking to... Mayor Ferre: Alright, is there a second to that motion? Mrs. Gordon: Repeat that again, Father Gibson. Rev. Gibson: I'm saying that we ought to continue and complete the project and .that 'any compliance or suggestions for change must be dealt with through and first and by the Adhoc Committee so established by this Commission. Mrs. Gordon: Well, why does what is happening and unless out of order. Mayor Ferre: Rev. Gibson: Alright,.ok, I don't sure that everybody knows where we it need a motion at all? Is that a matter of you take a position contrary to your motion is Mayor needno motion. then., Ijust want, to make are. Ok, fine. ok? Mr. Plummer: Well, I will accept that Mr. Mayor, but theyhave touched on a sore subject or at lehet that flag Joe been raised and I will expect a memo from the City Manager indicating to me that the school crossing is adequately provided for. Awl that tr it in not, I'm going to be unhappy. I want... that one particular t.;uhj,et. we have got the children involved and I want to tell you that no far no 1 AM ,, onee;ned T. want to make sure that,. that problem has been nddrenned. Mayor Ferre: Alright, anything eice nt thin time? Alright, thank you, very gi 10 T 171979 much. Thank. you, Mr. Tackett. ;Alright, we are now on Item #1, which isthe 9:30 budget item, an emergency ordinance making appropriations... Mrs. Gordon: Nothing happen, they refused to permit the consideration. for the change.that'you were looking for. That was... I couldn't get a second on` it, so... and there was no opportunity to make a change. Mr. Plummer: Wait a minute, whoa, whoa, whoa. I think if you want one opinion as to what happened here this morning, I:think;it's very clear. .This Commission established an Adhoc Committee. We are saying to you that if°you want some changes, that you go to that Adhoc Committee as otherwise known a i exhaustered administrative procedures. ■ Mayor Ferre: And then come back to this Commission. Mr. Plummer: If you don't get from that,Adhoc Committee`what is justly right, then you come back to ;this Commission.' Mr. Tackett: But we have been doing this since March 22nd, Mr. Plummer: Mr. Tackett: We have met with the Adhoc Committee. with<Mr. Cather at the head: ofthe table and we presented programs which have not been answered, that's our problem. :We presented programs and' there have been no answers whatsoever, Just as you have your question, you say:.you touched on ;a sore issue with the crosswalkand you want to be sure that it's correct. How do you know that it is? I can. tell you that, that street is painted and that crosswalk is not there, then`that's a position we are in too. Mr. Plummer: Well, sir, the children are not here to speak for themselves, the merchants' are.and as the usual the children do not come So I'm going to speak for them. And you can make yourself very clear and yuu have done so sir, but I'm_not talking..with`you as to a safety factor. I'm talking with you as a merchant who 'looks: and feels justified in asking for what you are asking. What I'm saying is that:we have a Committee, you must go through the Committee. Mr. Tackett: But.the•problem being now that the Committee is more or less non-existent.:. Mr. Claire Filer was never on the Committee, as a matter of fact... Mayor Ferre: That' Mr. Tackett: Pardon me? Mayor Mr. Tackett: That's one person. The gentleman from the Coconut Grove Playhouse' is no longer in town. This is not'°an active,Comnittee any more, if it is it's an active Committee of perhaps three people and that'snot enough. Rev. Gibson: But isn't;it...'J..L... Mr. Plummer: Let me tell you. how you deal with that, sir. You go back this. afternoon and you write, a letter to this young lady and you say to her as Chairman I ask you to call a meeting Of the Adhoc Committee. Mr. Tackett: But sir we have met with the Adhoc Committee and they did not even entertain our issues. I have called each and everyone of the members of the Adhoc Committee, three of which haven't returned my call since March. Ms. Prince: No, this isn't true. I never received a call. I never received one call Mr. Tackett: Ms. Prince we spoke on the phone. Excuse me, Mr. Mayor, we: spoke on the phone. Ms. Prince: It. Oh, that was before you started all this. You' were talking about g.1 11 OCT 17 1979 Mr. Tackett: Ms. Prince: Btit you only called once and that was it. Mr. Tackett: We met at the bank Ms. Prince. We met here. We met with _=_. Cather;at the Department of Planning. We have met on several occasions. The.:'. only problem is that when we bring up an issue we don't get an answer. Rev. Gibson: Can we... Mr. Manager, can we say... Ms. Prince, you know, one of the ways to join the issue is can we get a commitment from you, the two of you agree when you will have a meeting so they could air their concerns. Then here is what's very interesting-- pardon me--- there is only one person who is not active, who... alright. So... how many people are on the Committee? Mr. Fosmoen: There were nine. Rev. Gibson: Nine? Ms. Prince:. Nine, I. think... Rev. Gibson: Well, look, if you could get five people to meet, you could get that commitment right now. And if you get that commitment, theinteresting thing is you have started since March and the lady says, Ms. Prince says that nobody has been in communication with her. Now, my brethren I know how that word communication goes. Nobody wants to talk to anybody. You know now the buck stops there and if wearen't going to honor these Committees, we need not appoint them. I have to say this and hush my mouth. I was so happy when we appointed the Committee. The Committee up until now has done a marvelous job, but when you came here and voiced your conc.cn we had a meeting of the mind and I'd hope that you would go back and express: your-oncerns to the Committee and then come back here. We11 of course, we have been working -.on it since Mayor Ferre: Alright, Mr. Tackett, let me see if.I can recommend a solution for al]. this, alright. Ms. Prince, would you have your Committee meet within the next week. Would you invite Mr. Tackett and the others to join you. Would you come back on the 31st of October and repro-t. back what your conclusions are and then this item is therefore deferredfor:action and we will take action, then on the 31st. Alright? Mr. Tackett: Mr. Mayor, that sounds good except the trucks 1.ii are on Main u4 inti g ``e' street at: this very minute. Mayor Ferre: .That's correct. and the action of this.Cotmnission as>of right -now` is that. nothing is to be stopped until you come back•after.you have,discussed it with _this Committee and the come back with specific:` recommendations. 'In other words: this.-. Mr. Tackett: Nothing, 'Ms. Prince: Mayor' Ferre? Mayor Ferre: We are not stopping, that' correct. Weare not stopping the painting. We mayhave to repaint.again We. may have"to take signs... There is no big rush. There is no big rush. This.: is something that's been worked on for two'years. I would -hardlycall-thata-rush. ' Ms. Prince: I would like to know -if George Campbell isable enough to attend the meeting because he has been the niainstay on this and... Do you know Mr. Grimm Mrs. Gordon: Is there Committee now? Ms. Prince:. ,Oh, well, that was right at the outset. Mrs. Gordon: Ok, welt, are you on the Committee Mr. Tackett? gl 12 O^T 171979 Mrs. Gordon: 1 would like to appoint Mr. to fill that vacancy. Ms. Prince:. That's:: up to the. Commission. Mrs. Gordon:> Ok. Mayor: I have no objections"to...Are you President o Mr. Tackett: Yes,sir. Mayor Ferre: Alright, does anybody have any objections ':o that? Alright, Mr. Tackett you are part of the Committee then and • so appoint you and let the records reflect that, that.'s a unanimous... Rev. Gibson: Mr. :Mayor, let me make... I want to express this. Mr. Tackett and I want to. say this in good taste. Please, if I don't say it right forgive me will you? Ok.-I would that .we.`know understand that he is a member of the Committee, and that theCommittee will be operated by a majority rule and not by a segment. I. know how that happens, I run a church and it happens everyday. So I want to make sure, to.put that on the table, so that Mr. Tackett will not go in therewith the intention of .it is what I.Tackett wants, rather than what the Committee decides to do. I want to add that word of warning and caution right now, ok. We are together on that. aren't we? Mr. Tackett: Certainly, would. hope,.every`.men.Der would be that way. Rev. Gibson: .,Alright,.beautiful..." to enlighten -us. r. Grimm, you wanted to tell us something Mr. Grimm. Yes, I,. just`. wanted to allay any fears that the Commission may have between now and whenever this is finalized, there will be crosswalks for the.. children going to ,school. Mayor Ferre Alright," thank you.'` We will seeyou_ again on: the 3lst ,Mr: Tackett.---Ladies. and gentlemen... Thank you,. Commissioners. Mr. Tackett: inviting me. Thank you, Commissioner;;:Gordon for Ms. Hirai: We need a second ori the motion to appoint.;. Mayor Ferre: What's that?.... Ms. Hirai: A second on the motion to appoint. Mrs. Gordon: I.. moved :it and.... Mayor Ferre:` There is a motion and it was seconded and if you,, want to call. the roll on it, we willmake it official. The following motion moved its adoption: was introduced by Commissioner Gordon Who MOTION NO. 79.-683 A MOTION APPOINTING DAVID TACKETT TO THE ADHOC COMMITTEE., FOR COCONUT GROVE BEAUTIFICATION. Upon being seconded by Commissioner Gibson, the motion was -passe and adopted by the following vote - AYES:. NOES: None. g Commissioner Rose Gordon Commissioner Armando,`Lacasa Commissioner (Rev.) Theodore Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre OCT 171979 13 Mayor Ferre: Alright, we will see you on the 31st. Ms. Prince, thank you. Ms. Prince: Thank you, very much. 19. DISCUSSION REGARDING PROPOSED APPROPRIATIONS ORDINANCE AND PROPOSED CUT -BACKS; PERSONAL APPEARANCE OF PAT KELLER AND OTHERS. Mayor Ferre: Alright, now at this time we are on the Item #1 and... which is an emergency ordinance making appropriations for fiscal year ending September 30th of 1980. Mr. Grassie, the Chair recognizes you. Mr. Grassie: This ordinance Mr. Mayor and members of the City Commission, puts in the form of an emergency ordinance, the ordinance which you have already approved on a regular first reading basis. So that all of the discussions that we have had in the past are incorporated in this ordinance. I have a memorandum covering the ordinance from Howard Gary and if you would like, he could run through the items that you have already decided with regards to changes in the budget, they are all incorporated and the ordinance is here for your consideration. Mayor Ferre: Yes, well, alright... We will do that in a moment, but Pat Keller has been waiting patiently to be recognized. So I'M going to.'recognize:'' her first. Are there any other members of the public that wish to address themselves to the Commission? Alright, Pat, you are recognized. Ms. Pat Keller: Thank you, Mr. Mayor. I'm Pat Keller, the President of ,the Allapattah Community Association. We are concerned about the`ciosing,of.the pools. I questioned the leadership of the author ,of this move The leadership:: tell us that we would save money by closing . pools--; where isthe;Mayor?. Mrs. Gordon: Wait until he comes back. Ms. Keller: I think we better wait until he comes back, important that the, Mayor hear what we have to say Mr. Plummer A Vice -Mayor, I call five minute recess. NOTE: At this time the Comtnission took a five minute` recess. Mayor Ferre: Alright, if everybody will take their seats and gentleman, could we have quiet in the room? Mr. Plummer`: Mayor Ferre: Could we have quiet in this room please? again and... Commissioner Plummer? Mr. Plummer: I think it should beduly noted;forthe record 'that the flowers in front. of Mr. Knox is not an anticipation,of his demise,.but-rather a,:very touching tribute to him on his:.birthday from his wife and it says "Happy birthday darling. Love Joyce". Mayor Ferre: Alright, Pat. Ms. Keller: I know you all are waiting with baited breath for the pearls to come out of my mouth, so I won't keep you waiting any longer. At any rate, I'm Pat Keller, the President of the Allapattah Community Association. I questioned the leadership and the authorship of this move to close the pools, in effect, in the City of. Miami. This leadership tells us that we will save money by this effect as I say of closing the pools. Can you hear me alright? The same leadership as you know, took Or department and divided it into two departments which cost two hundred fifty thousand dollars more in salaries. I suggest that we should go back to one department and not close the pool and that we would have money left over, that we would save. This leadership as gl 14 El ..7 1979 you know, divided their responsibilities in half and now this leadership is further reducing their work load by reducing the major form of play for the young people of the City of Miami. Their are now suggesting that they fire experienced personnel that took years to train. Believe you me, you don't find lifeguard running around in the streets everyday in the week. Originally for less than two hundred fifty thousand dollars we had the proper staffing and the care of approximately-- let's see-- eighty parks. For this amount of money eight pools had a dedicated and licensed staff. The... five of the parks were patrolled by the park rangers. We had atheletic programs and still in good citizenship to our young people. Now, we want to contrast this with the new operation that our so called leaders having brought to the floor. The department as I say is now divided in two, double management needed and it multiplies the salaries by two. These are the same people that are concerned about saving money by closing our pools. They stripped five parks of eighteen park rangers, they have reduced the atheletic staff to approximately one per park and now by in effect closing the pools they terr,,.aate the employees... the employment of twelve career pool personnel. Once again, the taxpayers are ripped off. Our children have no reason to go to the parks. If the pools are closed they are going to be run down and can you imagine what it's going to cost to replace a facility like our pools.; Our parks will become a place to watch crime. This new leadership now cost us five hundred thousand dollars. They have no talent to fill our pools. By this filling our pools could be done by have competitive games and sports, teaching the young people to swim, on and on and on. I personally know of any number of park personnel that has suggested constructive programs for our young people and they are just simply ignored. Our leadership for instance, that's so concerned about saving money shows that they are not too concerned, Morningside Pool had a leakage of twenty-one thousand gallons of water a leak. Twenty-one thousand gallons of water. This went on for three months. This leakage was reported by the water meter reader and this cost, twenty thousand dollars a month before it was repaired. That is sixty thousand dollars that could have gone to a suppose1 savings of a hundred fifty- five thousand dollars. This leadership wants to save mone: by closing the pools, you will have to forgive, I don't believe it. Our pools, not only that, were never set up as a money making proposition. The same leadership has been submitted petitions for solar heat. I have compared with other people, Morningside Pool, Annette Eisenberg, and the few people I have spoken to down here and they all tell the that it was ignored with the exception of the Fdison Pool which received Community Development monies. Yet the management of Flagami Pool tells me that, and incidentally his pool is solar heated you know, this has been a tremendous success, people are coming from all over the Country, they are writing letters from all over the Country asking can they have meets and so on at that solar heated pool. The same leadership that we questioned was personally submitted by me at a meeting held in Allapattah, a petition with four hundred names requesting solar heat. This was ignored. The same leadership is requesting a govc.rrwient grant to give handicapped people access to the pool in Curtiss Park, this work has already been completed. I have the book in hand now. This same grant for work already done could be a reczueat for a solar heater. Incidentally this grant addresses itself primarily to handicapped people. If there is one thing handicapped people need is warmer water to swim in, not to speak of any person. It's rather pleasant to have the water a few degrees warmer in the Winter. The same leadership showed us that people were swimming in Curtiss and Morningside Pool last Winter, yet the pool was drained. How in the world they could show us that people were swimming the in the pool I don't know, because the pool was drained for four months. Section 10-E of the same government grant application states that the City of Miami solicitel citizen participation in making up this grant. I am Chairperson of Curtiss Park Parks for People Bond Issue and I was never consulted about this application. I certainly don't expect that the City of Miami is going to do everything I request of them, but I certainly think it would be only natural and normal to go to the individual who was supposed to be Chairperson and at least hear what they have got to say. This same application for the government grant states that an analysis was made of the and a survey was made of the citizens needs. I never... two surveys. I never saw the first survey. The Allapattah Community Association at it's annual meeting passed a resolution stating that they did not want their pools closed. I question once again, the leadership of the people that say that we will save money. All we have to do is have to have one child drown in that pool as we had occur down at Edison and one handicapped person shut out of the pool and you wouldn't save a cent. It would cost you a small fortune. I just questioned the leadership of people who last Winter at the Christmas vacation when it was as hot as it could be, they closed down the pools and the kids were running the street and probably committing crimes and so on. This won't IIIII 111■111111.111. gl 15 OCT 171979 save money, it's going to result in enraged taxpayi.rs. And finally I question the leadership of pc.uple who are picking on the lame people, the young people and the poor. Did you know that eighty percent of the people that drowned in Dade County are Black. Why? Because they don't have means to transport their young people to the beach and if they did, it is next to impossible to teach young people to swim in a beach. If... they must have the even... the flat waters of a pool to teach the young people to swim. Therefore, I'm forced to demand that our pools remain opened with none of the stipulation that I have to bring a lifeguard on my back or I have to belong to an organization. I want to go into my pool and I want to swim and not only for me I want it for the young people, the poor, the Blacks of this community and the adults and the handicapped. I thank you, very much for listening to me today. Mayor Ferre: Mrs. Gordon: Mayor Ferre: Alright Mrs. r.`Howard?, Howard? Gordon. Mrs. Gordon: We know what you recommended with relationship to the What was the figure you stated that... what's wrong with this mike?. was the figures that you stated relating tothat? closing. What Mr. Howard: As far as the savings is concerned? We of the City would save a hundred fifty-five thousand dollars. Mrs. Gordon: They closed how many pools? Mr. Howard: We are not closing the pools now. The pools are opened. They are opened on weekends and... it's not working. Is it working now. The pools are not closed they will be opened on weekends during the months of September, April and May they will be opened June, July and August as they always have been. The rest of the months they will be opened for group partic..patioi,. In other words, somebody can come into that pool with a lifeguard, we will have our managers at each one of the pools, they can get a group and reserve the pool. It will be available to groups. It only is closed' to public swimming, because during the months that I have shown before on the charts we only... we get about twenty people a day average in the as compared to abo'.. hundred eighty to two hundred in the Summer months, but the pools win not be closed. Now, also we have said and we have stated, we will have classes for therapeutic swimming, handicapped swimming at the pool sponsored by the Recreation Departments at various pools. So that will be available. Mrs. Gordon:` Mr. Howard:. are there all together? Mrs. Gordon: Have you considered leaving some pools available in certain areas where the people really want.. to use them, such as the one in the area where Ms. Keller is located and perhaps. I know there has been a lot of people who are who want the Morningside Pool opened and there maybe you know, others that you could economize, but those that people want opened why not leave those opened. Mr. Howard: Well, we haven't really had that much of a request to have them opened and by all indications those pools do not have that many people in the Winter month swimming, they are quite low. The one pool that most probably will be an exception is the Edison Pool because of the solar heating that will be going in there and we will have that opened with our managers that are left going to that pool, they will alternate and with lifeguards also assigned there. So that would be opened. If that... Mrs. Gordon: What about Morningside Mr. Howard. Morningside is an area where people really want the pool opened and believe they also rent cabanas there don't they? Mr. Howard: They are rented forthe year, but there utilizing them in the. Winter months, very 'very few. Mrs. Gordon: Well, the people want the service they want the pools, the people around... you know, we get around a lot into the community, probably more than gl 16 0;, i : 7 ia7Y you do, personallydo:and we hear what the people aresayir-.. Whey want the. pools. They feel that's the service.:`., their taxes cover this kind of -a service just as much as garbage.pickup."andother services that they expect us to•.:: provide to them 'for living in the City. Mr. Howard: I have>talked with the,Morningside.group;and particularly Mr. Spaulding, whothinks it's..a splendid idea that they can have that where a group would comein'from Morningside,"rent.that,pool ,for 'an hour or two and bring their own lifeguard. They feel it's a very good idea and they tend to go along with it. Mr. Plummer: Are they going to hold the City harmless? .Mr. Grassie: Yes, they have their own lifeguard. Mr. Howard: Yes.. Mr. Plummer: .I'm saying they are bringing in, their own.' lifeguard whowe.,are, not qualifying. Are they holding the City harmless in case of liability?...• (BACKGROUND COMMENT INAUDIBLE); Mr. Plummer: No, no, no, that's not the point. If the City, hires. we' 'assume. an obliation. Mr. Knox obligation. ? I'm concerned about that. Mrs. Gordon: Right. I am too. I believe we should reconsider.; Mr. Plummer:.,You know, we get back to the ;same old thing of,people installing"- burglar" -alarms. People are unqualified. If they:. bring in.a man who°is unqualified=and an accident happens, isn't the City liable? Mr. Howard: Mr. Howard: the person has to... must be"qualified. Well, wait, you are not the attorney. Mr. Knox: The City could be liable unless there is some agreement that. -the; City would be held harmless because the persons act :as:agents for the :City.:' Mr. Plummer:' Thank you. Mayor Ferre: Mr:. Howard, go ahead. Mr. Howard: 'Any group that comes into the pool must have a qualified lifeguard with a WSIcard, Water Safety Instructors card just as we have in the pools now. 1L's just like somebody coming into the pools today as an individual. These people, are st coming into groups. We must have the papers from the individual, the`Red'Cross card that he is a qualified lifeguard. When they are in the pool, the pool manager will be there. We have a City staff at the pool. Mayor Ferre Mr. Plummer Well, let me ask this question, if I may. Mr. Grassie either you or Dena Spillman? You know, it seems like to me that a logical place to find these funds;is.Community Development. Is there a prohibition against that? If the community wants it and the community is expressing themselves... Mayor Ferre: What community? One person. Mr. Plummer: Look, :i if't were to come from CD money Mrs. Kelly would have to go_backand convince herarea that,.that is what the area wants. Now, is there any prohibition that says that you cannot•use those funds to keep pools open? Mr. Grassie: Commissioner,; the' general answer to your question is that the federal rule provides that social programs or so-called soft programs must be in support of ,the, vhat;I call hard programs in Community Development areas. Now, wewould,have to conclude that this activity of providing swimming would somehow support a general program of rehabilitation as is intended under CD funding.` You know, a few things are completely impossible, but it is unlikely. OCT 171979 gl. Mr. Plummer: Well, the point I'm trying to make -Mr. Grassie, you know, the one thing that federal government did even though it's not completely adhered to is make it mandatory that Community Development money, that the people had to speak to what they wanted. Now, you know, I'm assuming that Mrs. Keller in the Allapattah area which.is one of the,target areas, she is speaking for the people. Now, it would be up to her to go back to the Community Development people and get them to approve that as a community development need and then the money is there and could be furnished. Likewise any other area could do the same. Mr. Grassie: Within the federal rules,' that is correct. What you say is correct. Mr. Plummer: Well, you know, all I been explored Ms. Keller: I: don the pools using CD Mayor Ferre: Mr. Plummier:' Ms. Keller: Well, J. L. to take CD money for that just think it's a very cloudy thing... Mr. Plummer: Pat, listen,"I don't disagree. But you know, I didn't disagree when the community...another community spoke and said they wanted some-- what I considered to be very atrocious bus benches at a very high price. That's what the community' wanted and if that's what they wanted that's what I voted for. Now, if your community feels very strong about the operation of the pools and keeping them open it would seem logical to me. You 'know; .I gu,:ss the old story, put your money where your mouth is... Ms. Keller: Well, I made the point to you J. L. and you were quite surprised when you found out somethings having to do with CD, that the CD Task Force quite frankly is... there is quite a bit of maneuvering as you will find in CD and many of these people quite frankly, in my judgrient, do not represent the rest of the community. Now, to take CD monies-- and incidentally, we have no vote anymore in CD you know, the public has no vote. This is a new little number, but we won't go into that. To take CD monies for that purpose when our taxes and the thousands of dollars-- you saw in the paper, the City of Miami pays the second highest taxes-- when our tax money is to be utilized for this purpose, I... well, I agreed of the necessity of keeping the pools open, but with CD money I think it could be extremely difficult. I want it understood that this business of supposedly hiring and firing lifeguards over the weekend -- you will have to forgive me, but this is just plain ridiculous. Lifeguards are born. Lifeguards don't drift in and out of pools at the will and the whelm of so-called leaders. Either... a lifeguard is a highly skilled individual and believe you me, he doesn't have to bow to the whim of the leaders of this community, he is going to get a job that's going to pay him plenty of money else where, while our young people are going to just jump over the fence and drown in the pools. Also, I want each and everyone of you to be aware of the fact that we are going to have to keep the manager on the premises, so we might as well have a lifeguard there while we are at it. talking about the operation Mr. Jones: My name is Gerrard T. Jones, Acting President of A.F.S.C.M.E. Local 1907. Mr. Mayor and members of the City Commission, this City is under a Consent Decree with the government to meet a quota for hiring Blacks, Latins and Women. Up front we probably proclaim it is meeting it's goals such as having trained and trans•itioned one hundred twenty-five CETA personnel into permanent Civil Service positions as of October 1st. While at the same time it is turning out the back door fifty-four trained permanent Civil Service employees. Some with seventeen and twenty years with the City and these people are also minorities. Mr. Mayor and Commissioners, we request that you take a long hard look into this move by the Administration before you vote. The Civil Service rules were recently changed under the banner to help the minorities. We don't believe the rules are being properly utilized if they allow a hundred twenty-five persons to enter City service while p',G1•tng permanent minority personnel out. We believe the City of Miami's taxpayers need to have faith in the leadership of their City Commission and should know that the services and leadership are of the best quality available. This faith, I believe, will give them the gl OCT 171979 incentive to go tothe polls and by a show of their votes select who they want. to take care of the store. As of this moment we do not know of any effort being made by the City to find jobs for these fifty-four employees within the City. Please give your sincere consideration to these fifty-four employees being laid -off in the compromising of the taxpayers pools. I thank you, for them: Mayor Ferre: `Alright, the next speaker? We are going to break in about then minutes because several of us have luncheon engagements and we will be back at 2 o'clock. Mr. Plummer:` Mayor Ferre:' Mr. Plummer: r� Mayor', we will come back to these points?• h, yes, of course. h, ok. Alright. Mayor Ferre: Oh, yes, of course. Alright, the next speaker? .I'm.just trying to get as many people on the .record who want to speak.' Are there any further speakers at this time 'Go ahead.' Mr. Michael Cantor: My` name is Michael Cantor and I represent A.F.S.C.M.E. Local 1907 in this area as an attorney for Council 79 A.F.S.C.M.E. And I would just liketo point out` in referring to those fifty-four people the last time we: were before this body at;sometime around 11 or 12 o'clock at night, the Commission directed Mr. Grassie, if I understood, to make attempts to see that these people were found jobs. And Mr. Grassie said that they were on a question by the Mayor to Mr. Grassie. In asking him what this was all about, he said "yes,we are going to make attempts to find these people jobs". Now, what Mr. Grassie, didn't tell the Commission was that his idea of finding these people jobs was to go outside the government and find them jobs or attempt to place them in some place in private industry working in a maintenance department at Burdines--- this is after they have given the seventeen years to the City and in conjunction with that the City has:m4aL no efforts to contact any of these people with respect to doing anything about helping them find jobs during the time that we have been from the last meeting to this one and I think it's sort of an ';actual slap in the face to the Commission in certainly ignoring their direction for the City Manager to act this way. Thank you. Mayor Ferre: Alright, further statements for the record? Alright, Mr. Grassie? Mr. Grassie: Mr. Mayor, I didn't hear the entire statement because the Commissioner was speaking to me, but my impression from what I did over hear is that in a blatant falsehood and I hope, not a purposeful one, but certainly a blat_..it one and I think that we need to have Mr. Carlos Arauz speak to that. Mayor Ferre: Alright, Mr. Arauz? Mr. Arauz: Mr. Mayor and members of the Commission, each of the employees that have been scheduled for lay-offs in the City of Miami have received appointments from our counseling section in the Department of Human Resources. As a matter of fact, each of these employees has had the opportunity for interviews,job counseling and the opportunities to be referred to other positions, not only within the City of Miami, but also in the outside. Now, in sofar as the different groups came by I can tell you that... I have two reports that I have given to the Manager. The first report as of October 2nd shows what took place with those employees that are being laid -off from Solid Waste, from Stadiums and Marinas and so on due to the custodial service contract approved by the City Commission. Mr. Grassie: And it should be noted for the information of the members of the City Commission, that this report is in your packet with the budget information. 1t lists every employee by name, it list the date when he was contacted, it list the result of those contacts and you will find from reading that report that the majority of employees either refused counseling, did not show up for the interviews or was simply not .interested. Mrs. Gordon: When did we Mr. Grassie: You received it with your package, it's right in front of. you Commissioner. Mrs. Gordon: Not in my packet. gl. 19 OCT 1 7 1979 Mr. Grassie: Well, I can't understand others Commissioners, but it is. Mrs. Gordon: I can't either. Mr. Grassie: Mrs. Gordon: initial one. why itwould' not be in yours`an It is attachment`"J" along with Item'#11 in your packet. I don'-t have any attachments in my packet other than just the Mayor Ferre: You see, the problem is that Mrs. Gordon is working on old information and the reason she, is working old. information is because she got her packet on Wednesday and that's what she isworking on, but she hasn't looked at the information that you gave her on Friday. If she has got it, I.; mean, I'm not saying that she got it. Mrs. Gordon: things. I'm so glad you live Mayor Ferre: Alright, Mr. Plummer: Mayor Ferre: Mr. Plummer: n myhome and you know when I' look a anything else? Well,, 'yes, h would like to have for the >record the bottom line. Well, the bottom; line_; Commissioner... • Of the fifty-four. Mr. Grassie: Fifty people would be laid -off out of the fifty-four, that's the bottom line. Now, we have to make the point that normally if we had this many positions that were in a lay-off situation by now we would have experienced at least thirty to thirty-five :of those positions having been resolved by people finding other jobs. What we are now experiencing It hat people have the expectation that the City Commission is going to extend tiieiii forever and they simply aren't interested. They simply are doing nothing to solve their own problems. They are not even coming to interviews, they are turning down opportunities thatare offered to them and the reason is that they expect that this City Commission` is going to take care of them. Mr. Plummer: Mr. Grassie, it is my understanding of all understanding, that in the event of lay-offs, that junior employees go first. Now, I have heard the comment thatsome of these employees have been with the City on permanent status for seventeen to twenty years. Am I assured that everyone of these lay-offs are from the last hired are the first to go? • Mr. Grassie: Yes, you are absolutely assured of that Commissioner. Now, you need... I want you to get a full answer so that you understand what the answer means. Mr. Grassie: Normally people with the City's service who have been with the City for seventeen years have established tenure in one, two or three jobs other than the one that they now have. That's normally the case, because normally people process up through the system. The two classifications that we are talking about here are classifications... principally classifications of custodian and classifications of cashier. Now, those are what are called entry level positions. That's the first position that a person comes to with the City and in the case of cashiers, a number of these people have been with the City for fifteen and eighteen years and have not progressed. They simply have not advanced to any place, so they have tenured in no other position. There is no place for them to roll back to and since we don't have other cashier positions, even though they have seventeen years of being a cashier there no place for them to roll back. Now, that is the reason that the statement can be made that people with that much service would be laid -off. Now,... gl 30 OCT 17 1979 Mr. Plummer: Well, you see, I got a problem with that and I will tell you why I got a problem with that Mr. Grassie. A women who is a cashier, ok, fine so there are no more cashier jobs, but you cannot convince me that there aren't other jobs that would roll back junior employees first. If I look around and I see the some clerks positions of not needing great skill, I want to be assured that these people who are being... has been with the City f r the fifteen years or a long time have been at least offered a job. And I know that within a City of four thousand employees, roughly four thou-.nd, that there must be some job that these people could do. The only thing that I'm saying is that in the interest of fairness, that these people who have the seniority be afforded a job, not necessarily the job they were in, but a job. Now, if they don't want to accept that other job, that's a different story. Ok? But I know that there is enough positions in this City that you know, if she can't be a cashier, she can be a clerk, if you can't be a cashier you can be a runner. Mr. Grassie: Well, we certainly would be willing to accommodate that Commissioner to the extent that; it - is legal, ok. We do have... Mr. Plummer:' Mr. Grassie: We do have the one impediment that you need to be aware of and that is the. Civil. Service rules. What you are proposing would be in contravention of Civil. Service rules, but if we can get by that hurdle somehow, we would have no -objection to try. and implement what you ale talking about But I don't want to give:you the impression that it's easy. Mr. Plummer: Mr. Grassie, it just seems like to me that a person who acquires seniority should have the first right to the job and the junior employee the last hired should be the one.... many times we pass waivr:rs up here for employees above a certain age and the wording is very clear, that no junior employee... no senior employee shall be rolled. And I just feel that if we have operated under that kind of a theory, that it should continue. You know, it doesn't and no difference'to any employee, but it doesn't take the world's greatest genius to answer a phone, ok. And what I am saying is that there are many places in this City where that is the sole job of an employee to answer the phone. Now, if you are going to lay-off a long time employee in favor of that one, that's `sere I have got a problem. Mayor Ferre: Alright, this Commission will recess now and come back at 2 o'clock? Mrs. Gordon: And this discussion will come up again after lunch relative to these employees. Mayor Ferree Yes, let me give you the schedule of how we are ;crg to operate this afternoon. When we come back in the afternoon session we will take up the presentations, like the one to the Pepsi Cola manager and so on and so forth and then we will go into the public hearing item which is Item #19 and at that point we will then revert back to Item #11, ok. We will meet again at 2 o'clock. OCT 171979 20. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS. 1. Presentation of a Plaque and a Proclamation declaring October 17, 1979 as JOHN P. "JACK" BOND III DAY to Assistant City Manager Jack Bond. In recognition and gratitude for his dedicated efforts and achievementwhile serving as Assistant City Manager. 2. Presentation of Certificates of Appreciation to the following`' individuals: Eunice Liberty Pat Skubish Margarita Ross Molly, Brilliant Nora Swan Cornelia '(Corky) Dozier Larry Little Dame Jean Loach GwenJaworski Lorri Kellogg Martha `;Llovia for their commitment to the youth in our on this the International Year of the Child. 3. Presentation of a Certificate of Appreciation to Mr. Rene C,sta in recognition of his efforts as founder and director of Winner Makers of America an organization which makes it possible for low income youth to obtain an academic foundation that will prepare them for the business world. community 4. Presentation of a Proclamation to Mr. G. Floyd Blanton, Public Relations Manager, Southern Bell designating Friday, November 2, 1979 as TELEPHONE PIONEER DAY and the week beginning Tuesday, October 29, 1979 as TELEPHONE PIONEER WEEK. 21. DEFERRAL: PROPOSED REVOCATION OF CERTIFICATE OF CONVENIENCE AND NECESSITY. Mayor Ferre: Alright, we are back to the morning agenda... I'm sorry to the afternoon agenda. We are first going to take up Item... the 2:30 public Item that I indicated this morning and which is Item #19. Take up Item 19, proposing revocation of a certain certificate of convenience and necessity under the provisions of Chapter 56 of the City Code. The City Manager recommend. Is there anybody here that wishes to speak to that item in this public hearing. Alright, hearing none, Mr. Manager your recommendation is? Mr. Grassie: That we approve the attached resolution Mr. Mayor. Mayor Ferre: Alright, is there such a motion on Item 19? Mrs. Gordon: Mayor Ferre: (BACKGROUND COMMENTS INAUDIBLE) Mayor Ferre: I have asked for public speakers, there are none. Is there anybody here on Item 19? gl OCT 17 1979 Mr. Plummer: Mr. Grassie: Nelson. Mr. Plummer: Do we have proof that they have been notified? Mr. Grassie: Ample, Commissioner. Yes. Mayor Ferre: Mr. Columbus Nelson, Jr. was contacted by Sergeant B. T. Campbell Supervisor of the Taxi Cab Detail on several occasions. This is all in your packet and advised he would going to start running the Brownsville Jitney route again. 0n March the 5th Mr. Nelson was contacted by Sergeant Campbell and Mr. Nelson refused to speak to Sergeant Campbell in rL.erence to his jitney services. He also failed to return our previous call. And April 24, 1979 Mr. Columbus Nelson was advised by registered mail ''.at he was in violation of City Code 56-18 and to please contact Sergeant Campbell within the next seven calendar days. Otherwise, steps will be taken to institute proceeding to cancel certificate C-421, that the registered letter was returned on May 26th for failure to claim and you have it before you. And the matter is before you. Is there a motion? BrownvilleJitney is #11 and, Mrs. Gordon: Mr. Mayor, I certainly would like to hear from the party before I would do this... take this action. You know, there maybe a very good and valid reason why he hasn't responded. We don't know the state of his health or anything else pretaining to the individual.. Mayor Ferre: Mrs. Gordon moves that this matter b Mrs. Gordon: Deferred. Mayor Ferre: ... be deferred until. Mr. Plummer: And the reason for the deferment and I will second it. The reason is that I want something of proof sent to thisman, return, receipt, requested and you know,,I don't know how many of you were around with this issue. Mayor Ferre: Defer this Mr. Plummer: until the 3lst of October. Mayor Ferre:Or November -the 8th, whichever. Mr. Plummier: Mayor Ferre: Whichever. Alright, further discussion, call the roll on the deferment. THEREUPON THE FOREGOING MOTION TO DEFER AGENDA ITEM #19 to the next Commission Meeting was introduced by Commissioner Gordon, and seconded by Vice -Mayor Plummer, and was passed and adopted by unanimous vote. Mayor Ferre: Is there anybody here who wishes to speak to Item 20 or 21? This is a public hearing called at 2:30 and the purpose of this public hearing is to, authorize the Manager to transfer the City's interest in the Off -Street Parking Garage #2 to the Off -Street Parking Authority for sale by the Off - Street Parking Authority subject to certain conditions or #21 which authorizes the future issuance of up to a certain amount unspecified at this time on revenue bonds by the Off -Street Parking Authority. Obviously, to come back before this Commission for future ratification. Is there anybody here who wishes to be heard on this? Let the record reflect that there is nobody that has come forward to speak on Items 20 and 21 and for the record at this time let me announce that Items 20 and 21 have already been voted upon this morning. And..., but, as Mr. Plummer said and as we say continually here on these public hearings, if anybody wishes to be heard we would be happy to reopen this issue again at this time. 's there anybody here? gl 53 OCT 171979 22. DISCUSSION REGARDING PROPOSED APPROPRIATIONS ORDINANCE CONTINUED. Mayor Ferre: Alright, now we are on the budget item which is Item #1 and we left off with members of the public expressing their position. At this time the Chair will recognize you, sir. Mr. Cantor: Well, when we left W. Arauz was commenting on the replacements of the people who were to be left off. Mr. Grassie had said what I had said was not true and I... so that we have a clarification. It was my understanding that the City Commission directed the City Manager to find these people jobs within the City. Now, it's been my understanding that, that was misunderstood and that the City Manager when he said that he was going to find these people jobs did not understand that and that he did have in mind to find the people jobs. Now, those people have been sent over to get jobs and in reading the material that was presented to you by the Human services and by the City Manager, you will see that not one person that we were talking about that night as far as the packages shows was offered a job in the City who showed up for an interview. If you will look at attachment one and the comments to the status report of Custodian I, some of those custodians with seniority have been moved to take other custodians places in Stadiums and Marinas. But other than that the entire sheet shows that these people were offered jobs outside. For example, with the contracting serL' who is going to take over which would give them one days job protection, they cou1( be fired the next day. It was my understanding this was not the intent of the City Commission and I would hope to resolve that today. We have those people here who were talked to, if any City Coinrnissioners would like to hear from them with respect to how they were treated and what they were told. Mrs. Gordon: ,w many people are here that fit that Mayor Ferre: Ok, ,why don't you. the Commission? Mrs. Gordon? Mr. Plummer: Mayor es. Ferre: Mr.: Plummer?, are category? there any questions Mr. Plummer: Let me.just use one, alright. sir, would you'come to the microphone?• Mr. Cantor: How about Mr. Blakely? from members o One; of you stand .up. ..Alright, Mr. Plummer: It's immaterial to me, I just... Sir, have you been requested to come to the Human Resources Department for an interview for possible relocation or new job? W. Raymond Blakely: My name is Raymond Blakely, I live at 3011 New York Street in Coconut Grove. I work for the City of Miami Police. I went to Human Resources for an interview with Mr. Cherry, I asked him Nhatdo I... had left Mr. McKuen's office about ten minutes prior, he said 'witn your background I'm pretty sure we can find you employment". I worked in the property room, in the complaint room and as dock security at Dinner Key. I have here a copy of the referral to Capeletti Brothers, to Eastern Airlines, to the Mail Clerk, nothing connected with the City. I have been with the City eight years and I' feel like I can fit someplace within the City. Mr. Plummer: Sir, did you request to be relocated somewhere in the City,?, Mr. Blakely: Yes. 1111111M111111101 Mr. Blakely: work"on it. But when... the day I came in here I had one day left before the extension came out, so no one had a chance to work 81 OCT 171979 j on ariyt'hing. Mr. Plummer:., But: in other words, you were afforded the interviewan you'd go to the interview? Mr. Blakely: Yes,' sir. Mr. Plummer: But nothing was offered to you 'within "the City? Mr. Blakely: `:That's right sir." Mr. Plummer: Alright. Ma'am, is it about the same answers with you mine is e l ittle different. Ms. Dorothy Brooks: Well, Mr. Plummer: For the record, your name and mailing address. Ms. Brooks: Dorothy Brooks, 5540 2nd Avenue. I went to an interview with Maide Camaydo and she wanted me to sign a paper saying that I wouldn't take counseling which wasn't so. I told:her,that.I did not need the City to find me-- Human Resources rather--- to:find''me a` job with private enterprise, because I have been around a hell of a long time. I"got this job through an ad in the paper. I didn't have anyone else get it andI feel like it's wrong for Human Resources to try to place us with private enterprise. Mr. Plummer: Alright, that's not the point we are trying to get to. You were asked to come in? Ms. Brooks: Right. Mr. Plummer: But what your problem to work else where in the City? Ms. Brooks: That is so. Mr. Plummer: Alright, now would_you repeat for.`r�.; you were asked to sign a"paper which stated what? Ms. Brooks: A paper saying that'1"would not take counseling Th not accept counseling,' which I did not• sign. s that you ;were, not afforded Rev. .bson: Who asked you to do that? Mayor:Ferre: C-a-y.., Rev. Gibson: Is that on you .all staff? Ms. Brooks: C-a-m-a-y-d-o hir. Crassie: I think we need to respond to that Mr. Mayor. Mr. Arauz: Mr.`.Mayor andmembers of,the Cotmnission, we are in the process of counseling the people; and we`do not have a position available within the City of Miami at the present time, we try to refer them to positions outside. That is our job. We:are trying to:develop jobs and make sure that they have an income. Ok, now if.a person refuses to be referred for our own records we ask them to sign a paper stating so, that they will not accept a referral to private industry. That. is for our records. She refused it, that's fine, we don't force anybody to do it. We just write it in our own records that gi 55 OCT 171979 she will not go into the'referral'job. Mayor Ferre: Well that, you know... Rev. Gibson: Right. Mayor Ferre: ... and .I think it isn't Whit you do... sometimes we don't deal with reality, it's 'the perception of reality that;we are dealing with. Rev. Gibson: But Mr. Mayor, I don't like the term. Are you saying there is a difference between referral toprivate industry and there is a difference between accepting counsel. I mean... you know, if I read that two years from today, you know what I would say? I would say "well, you know, she didn't want a job". the only problem with that is':that people could misinterpret. Mr. Arauz: Commissioner, the process of counseling includes a statement of what employment opportunities are available in the community and how to go about getting at them. As Ms. Brooks stated she has been around and she feels that she can find her own way to find a job outside the City of Miami. That is part of our counseling functions. Rev. Gibson: I'm not so sure... Ms. Brooks: Well, I just feel like it's wrong for Human Resources to try to find jobs in private enterprises. I understand if they send CETA people over there, that these private enterprises can take three thousand off their income tax. So naturally the private concerned is going to hire a CETA worker first before they will anyone else. Mr. Plummer Ma'am, may I ask some questions? Ms. Brooks: :.Yes, you may. Mr. Plummer: Alright.' You been with. the City? Ms. Brooks: Ten years seven months and fourteen days. Couldn' for theme -before. because I couldn't afford to. Mr. Plummer: Ms. Brooks: Mr. Plummer: Ms. Brooks: Mr. Plummer:. And inwhat position? Cashier 1 the whole time. In the swimming pools? That's right, absolutely. If it were available any job in the City.. Ms. Brooks: Any. I: will take any except custodial work. I wouldn't; have had a job today if"I had taken that three years ago and I don't want that on my record. I'm not a custodian. Mr. Plummer: Ok, thank you. Mayor Ferre: Mr. Arauz, is there a seniority system in the City of Miami? Mr. Arauz: Yes, sir. The seniority system is based on the rules from the Civil Service Board. That rule remain completely intact from the old Civil Service Rules. It establishes a seniority system based on classifications with bumping rights in any classification that the employee has held status during the employee's tenure in the City. Mayro Ferre: But, now does that... Do I take it then that there is no person that has a seniority... Mr. Arauz: As Cashier, I? No. Mayor Ferre: ... Cashier I less than ten years seven months and fourteen days? Mr. Arauz: That's right. As, a matter of fact Mr. Mayor, two of the Cashiers that are being laid -off have been with the City the maximum has been fifteen years. They were both hired on October 1st of 1964. I believe those two have asked to retire. gl !3V OCT 171979 Mayor,F"erre: Well, I will tell you I don't... I'm going do tell you my personal feeling. I don't think anybody that's worked for this City for fifteen or seventeen years should be let go get like that. I just think there is something basically wrong with that and I just have to express it. We have got to find... somebody that's put seventeen years of loyal work to the City we owe them something. And I... and you know, I don't feel that way about somebody that's worked for two years or three years, but for somebody who's worked for seventeen years or fifteen years or eight years, I think we have some kind of an obligation. Now, I don't know how many there are, I'm sure you don't have more than four or five or six people that are in the category of seniority like that. Mr. Plummer: Of the fifty-four what is the least amount of ..eniority? Mayor Ferre:. Well, now, let's .put it this way? Who ha more than five years? Of the fifty-four how.many of them have more than` five. years and how many of ,them have more .than'`ten years?' Mr. Grassie: Some of them were appointed 'in "1979, than a year of seniority:. Mayor Ferre: Yes, we understand that, that's why rephrased the question., Mr. Arauz: Mayor Ferre More than ten years you said? Yes and more than five :years.': you know, they have a less I asked... that why I: Mr. Arauz: Ok Mr.' Mayor, those are all in the...we have...,:.they.__are'all'',n the cashier classification andthere is one... there is... there is five of them that have more than ten. year seniority in the cashier classification an then there is... Mayor Ferre: How many Mr. Arauz: Mayor Ferre Mr. Arauz: that's it. more than five years in addition to those five? More than five? es There is one personwho is a lifeguard that;.has that much seniority, So there is a total of six people. Mayor Ferre: ..'-So,there is.six... out of; fifty-four thereis;a total of~six.• that hamore than five years. That's just in lifeguard, that's not talking about custodians. Mr. Cantor: too now. Mr. Plummer::,±„ Mayor Ferre: I'm talking about everybody. Mr. Plummer: ...the other forty-nine have Is that correct?. Mr. Arauz: They have... yes, sir.. is what'I was giving the Mayor. Mr. Plummer: He said five. Mr. Arauz: Mayor Ferre: Mr. Plummer: Mr. Arauz: Ok, five years.. Ten and five., Well, now, of the others... then. what you are,;; saying. is: less than five years of service.; Excuse me, a moment we said ,:ten year • He said ten and five: . Your ,answer.,<,to five was six people. My answer to ten was six people. Mayor Ferre: Well, Mr. Plummer: misunderstood that. Six peopleto ten was.one. gi 57 OCT 171979 Mr. Arauz: 'There Plummer. Mayor Ferre: is thirty: people' with=less t an`five years sen ority. Thirty? Mr. Arauz: Yes, sir. Mayor Ferre: Out of the fifty-four, Mr. Arauz: Out of the fifty-four. ' s that right? Mayor Ferre: So twenty-four have five years or more and six have. t�n. years or more? Mr. Arauz: That's right. Mayor Ferre: Well, what's the will of this Commission? Mr. Plummer: How many years you got? How many years you been... (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Plummer: You see, Mr. Mayor, let me tell you where I've got the problem, ok. May I can ask another question and it's baited question. I know the answer. But let me tell you I got a problem with that. You see, if I'm not mistaken, Rose, what is your because this basically applies to GEA. I think these people with three point two years have vested interest in the pension. And that's where I got a problem. They have worked for the City long enough to be vested and if they don't have the three point two or is it three point four, I'm not sure... Mayor Ferre: Hey, J. L., he is shaking his head over there, so you better ask him. UNIDENTIFIED SPEAKER: It's three. Mr. Plummer: Is it three years? UNIDENTIFIED SPEAKER: Three even. Mr. Plummer: Three years Ralph?' UNIDENTIFIED SPEAKER: Yes. UNIDENTIFIED SPEAKER: By the way we are 1907 not the GEA. Mr. Plummer: Alright, excuse me, for my... Well, is it... Lewy are you indicating three years? Ok,... hey, I was... the point is not important. The breaking point is important. Mr. Lacasa: How many have more than two years? How many do we have over three years out of the fifty-four? (BACKGROUND COMMENTS OFF THE PUBLIC RECORD): UNIDENTIFIED SPEAKER: Commissioner, for vested rights you years. Mr. Plummer: UNIDENTIFIED SPEAKER: Mr. Plummer: Ok. UNIDENTIFIED SPEAKER: Fifteen on the general employees? Well, to qualify you need To qualify you need three years. have -to -have fifteen Mr. Plummer: Look, let me just put it on the table, ok. As far as I'm concerned this City has an obligation to all employees who have gone beyond their probationary period and I would just be one who would want to say to the Administration that people with less seniority would have to be rolled prior to people with more seniority. Now, I know we get back to the old hassle that. says "well, I'm a Policeman, I will not work any where other than the Police Department". I think that's great in good times, but I think when it comes 58 gl OCT 171979 to the point of a man having to provide for his family, keep that income coming in baby. I for one, I can't speak for the Commission, I would be wanting to retain all employees who have had their probationary period and stop the in hiring until we have reached the balance. Now,that's just one of the Commissioners speaking, but that's how I feel. Mayor Ferre: Tell me that again. What was that? Mr. Plummer: Mr. Mayor, I would want to guarantee all of those who have passed their probationary period in the City and on City payroll and stop in hiring until the balance has been reached. Is that pretty clear? Mayor Ferre: Mr. Grassie, Mr. Plummer is... Mr. Plummer has already taken care of the other Commissioners concern. Let me tell .ou what this Commissioner over here has said. He said that he doesn't want anymore in hiring until all the people that have passed their probationary period are assimilated into the system. You follow that? Mr. Plummer: In other words, you would assimilate those that are proposed for lay-off and have no more in hiring until your balance has been made. Those beyond the probationary. period. Mayor Ferre: That of course assumes that theyaccept jobs? Mr. Plummer: Yes, if they don't accept what you offer,= thenyou'know, God bless them. We are here to help the needy not the greedy Now, you... Mr. Grassie: Well, let me see if I understand how this would work Commissioner. What you are suggesting is that we retain these individuals.., of course, their positions would be abolished in the budget, but wc.•",ould continue.... we would have to set up a special fund for them. We would continue their salaries and we would attempt to work them into openings as they occur in the City of other kinds 'Of employment? Mr. Plummer: Instead of going out and hiring someone. else who has not had any vested right or had any employment with the City bn previous occasions. Joe, I... you know, I'm sorry, man, I just have.a'gut feeling... Mr. Grassie: Well, Commissioner, if the .people .are willing to ,accept work we can do that,... Mr. Plummer: Mr. Grassie: ` . t help themselves we won't... Mr Plummer Joe, I'm not speaking on the outside. I'm speaking in house, Now, I'm not expecting that woman that-- wherever shewent-, there she is --- I dont' expect that lady to be a custodian. I don't expect her to be a laborer. I'm,saying within reasonable bounds, you know, that we find her a job that can:be"done. You know, I'm sorry,:I just.. Man there is ttiis'who1e thing of loyalty. Mayor Ferre: Alright, is there a Mr. Lacasa:. second to'that motion?' second'that'motion._ Mayor Ferre: Alright, further discussion on the motion? clear? Father? Mrs. Gordon: How many people will be.. Mr. Plummer: Well, " wait a minute ` now, whoa, whoa, Mr. Mayor th ut 1`.mike that In a motion. I'; might be out of order, ok..; I understood... Mayor Ferrer Mr. Plummer: Because that is a direction: to the Manager. Mayor Ferre: No; no, that a matter of policy. Mr. Plummer: If it's policy and the Manager understands it the; motion' I ,don't'` know that way, I make gl y� OCT 171979 •. Mayor Ferret Commotion Father. Rev. Gibson: I want to ask a question. Mr. Grassie: Well, the way you would establish a policy is by providing the money. What I would suggest is if you want to establish this kind of a policy that as an item separate from.and in addition to the budget action, that you provide a special reserve fund and you can call it a transition fund if you wish, which will carry these positions for some reasonable period of time, I assume, while we are going through this process of trying to phase them into other employment within the City. Mayor Ferre: Hey, Plummer, that's; good enough, we can take care of it later on. Mr. Plummer: That's fine with me. UNIDENTIFIED SPEAKER: o what we would need then. UNIDENTIFIED SPEAKER: A reasonable time. Mr. Plummer: On the job no problem with that. UNIDENTIFIED SPEAKER: Mrs. Gordon: Are you training is what he :is talking about. I "ain';t got About career development, there is a... including the people from the Publicity Department? Mr. Plumper: Rose, 'I am, including at:this point all that I. know about and that's fifty-four. Now, how' many of .those are, off of their probation, I don't know. Mr. Grassie: I'm sorry that does not include... you have in your packet Commissioner_ a separate report which covers the Tourist Promotion Department because you asked for that separate and that would not be covered, that is another ten positions. Mrs. Gordon: Well, include them too, because those people are just hanging in limbo. Mr. Plummer: Well, yes...'' you know, I'm talking about Joe, basic philosophy. alright. Look, I would assume... I assume this City hires... Mr. Arauz, what does this City hire? Four to five people a day-- every work day? Mr. Arauz: If you would like to average it over the year, I don't think... yes, sometimes. Mr. Plummer: say five for round figures. Mr. Arauz: Averaged over the... Really, the way it works out we are hiring a lot less. The major hiring process is for Police and Fire and that happens... like there maybe months where we may not hire anybody. Mr. Plummer: Right. Mr. Arauz: Especially because of the budget. I would say that we have maybe hired in the past year about two hundred people. Mr. Plummer: Alright, so you are talking about twenty-five percent of that, a]r.ight. And I would assume that within three months you can take and train these people to take some available job. Now, you know, I'm... Mr. Grassie: Alright, we will setup a transition fund for three months period to cover all of these positions. Mr. Plummer: Alright, and with the assurance, you know, Mr. Grassie that if you don't get it accomplished in that time you will make this Commission aware before any drastic action is taker,. Mrs. Gordon; It included the Tourist Department.:. gl GO OCT 171979 Mr. y employee, Rose. Mrs. Gordon: ,.-,Ok. Mr. Plummer: Except people on probation. Nov, I don' Mr. Arauzs. There is only two of them Mr. Plummer. r Mayor FerreFather Gibson is;.recognized by the Chair. Rev. Gibson: J. L. don you leave. wouldn Mr. Plummer: Rev..Gibson: I want to say something that I'm`not'adversAr' to what you are doing, but,L just want to raise... I want to raise a warning and I want to make sure thatI raise it so;it will comeback and haunt v)u. And I want to use Plummer's thing, ok. I;never will forget when your were phasing out that incinerator on 20th Street and 12th Avenue. You remember that? You remember that Plummer?. Do I. Do you. Let me tell you something my brethren I want to make sure everybody understands me. Now, usually people get upset and excited when Gibson starts speaking because they think they have a right to tell me what to say what not to say. I want to fool them. They don't have that right. I'm going to do like all the others, speak my mind. Ok, listen to this.'' I shall never forget what happened, nobody... at least there was no... there -wasn't a majority vote to setup a special fund to phase in nor to phase out. Now, I only say this because I remember when I was in college I took a course in labor management--- was that such a thing in those days? consider them permanent. Mayor Ferre: t dare. Rev. Gibson: Or in logic or... 'before I went to college in high school they taught me how to count, that one and one make two, three and three make six and nine and seven is sixteen, ok. I just, want to make sure and say to you, I told you so. Now, if, if you setup that fund I hope it is crystal clear to the people that, that fund isn't going to be there forever. Plummer, you or Jessie, I want to make sure... don't you have no... don't have no discussion until this is straight. Make sure that everybody understands that because let me tell you what I think I hear. And you were raising the question and you didn't think I: paid you any mind because I was ... you know, in between and in between. In and out. Listen to this. If a person is a cashier and has no secretarial skills you can't make that person a secretary nor you can't hire him in the system as a secretary. Now, I'm not a labor expert, but it makes sense. Now, if you tell me you don't want to fire nobody I will understand and then don't fire nobody. Let me go another step. My brethren there aren't but a hundred pennies in a dollar, one hundred pennies in a dollar even though I found out that :io, even children no what a penny is now because nobody use it. And they don't even know nickels and dimes. I have a grandson four and a half years of age and if you aren't talking about a quarter or dollar or a half a dollar on that educational achievement test thing they give children that age, he couldn't recognize nickel and dime, ok. He had to talk dollars, at least quarters, ok. Don't make the mistake, listen to this one, don't make the mistake and not reason and then come to the point later on where you bankrupt the City. Ok. I know how you feel. I know what my sentiments are. I'm with everybody who works or is working, but I want to be a realist, ok. I'm not going tosay no more than that, pass your motion, but I want you to pass it with... the way we do in the church is we underscore that one in red. Red means danger, ok. Alright. Mayor Ferre: Alright, we have a motion by Mr. Plummer and seconded by Commissioner Lacasa and it is a policy statement which has to be now interpreted into a specific appropriation ordinance as a special item for a three month period. Is that correct? Mr. Mayor Ferre: Further discussion on the it Alright, call the roll. g.l OCT 1 006 The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 79-684 A MOTION STATING THE POLICY OF THE CITY COMMISSION THAT ALL EMPLOYEES WHO WERE SCHEDULED TO BE LAID OFF AND WHO HAVE PASSED THEIR PROBATIONARY PERIOD WITH THE CITY BE GUARANTEED A JOB WITH THE CITY AND THAT THE ADMINISTRATION ESTABLISH A TRANSITION FUND OR ANY OTHER APPROPRIATE ADMINISTRATIVE PROCEDURE TO FUND THESE EMPLOYEES' SALARIES FOR A PERIOD OF THREE MONTHS AND THAT THE CITY STOP HIRING PEOPLE FROM THE OUTSIDE UNTIL A BALANCE HAS BEEN REACHED. Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote - AYES: NOES: None. ON ROLL,CALL:; Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre Rev. Gibson: Mine`is yes, with. my comment• the wall;"danger",<"danger". Mayor Ferre: Alright, we: are now bac o that will be written up o Mr. Plummer: Mr. Mayor, while we are -writing things in red. up on the wall, I want Mr. Grassie's comment:: up on the wali in, red three months Yes, Mr. Grassie considers this to be a tabernacle also. So... Rev. Gibson: Mayor Ferre: Alright. Very 'funny. Mayor Ferre: Now, we,areback to -Item sir, anything else:; you wantto add? , further public statements? Mr. Cantor: No, I: just... just so that I'm sure that the point i people will not be laid off within the next three months... Mayor Ferre: That's correct. Rev. Gibson: That's correct. Alright, that those Mr. Cantor: Because we have a couple that if,they did they wouldn't get their pension and we got to know in between. Mayor Ferre:': Anything else youwant to add?' Mr. Cantor: No, I just want to... I would like to thank everybody very muc Rev. Gibson: May I ask.. thisMr. Mayor? If a person only has two or three monthsbefore he or she arrives at the age for pension, God knows the charitable thing to do is you won't let that person go even if he got to sit around and do nothing. Mayor Ferre: Alright, further discussion then on Item #1? Mr. Lacasa: Ok, Mr. Mayor, I would like to be recognized for the purpose of making a motion:to approve the recommendations of the staff with these amendments for the fiscal year... for the budget of the fiscal year ending September 30th 1980. gl OCT 171979 Mayor Verle': The appropriation, you mean? Mr. Lacasa: The appropriation. Mayor Terre: Alright, is there a second? Rev Gibson 1 vill second the tnotion. 1,, Mayor -:Ferre:L Mrs.• Will vait? Take a five ininute break, please, Nt. Nayor ..••Gordon• . ,•.. • ,; ,• , has called the questiofl (BACKGRO*:..,"COMMENTOFF'-:THE' • . ..„ •• . Nayor Ferre On ecnergency ordinance do you want to apeak to it? -', • .. (BACKGROUND COMMENT OFF THE PUBLIC • • „ Rev . • Gibson 1 'want to raise a question dificatiOfls without stating Nthrse; e wp•ci•r40,i1what :.7. Mr. taCaSa•:•-:-..,-Thip..-'policy change that we tnade Mayor Perre Item #1 ve are about to vote on •,. Mr 000 P1 in • • - - • • • - • here Rev Gibson Nt Nayor, 1 want to raise a question before • Nr Plummer Sit back and get comfortab].e ,.„• " „ Rev e finaily t this Gibson. „ .•_ • ....,•••••••• • • , • .•.• •—••••. ..• • Mrs Cordon got •-..,,.f4:,•710t of questions, so when do we start• the motion on the ta Mayor Ferre Right now • „„ • . ........ ..• •• , •.• .• . . • Rev7.•._Gi.bSO;1:_ • - -• ••••••,•„ • -•• • •,•., • What do you Do you offer the inotion and then we •• • • • . • • . . MayOr.7,-..ferte i7.• We -..inade a motion and under discussion,I 'reCOgniZe7-:,•:Fatheff!Gibiion.• Rev. Gibson: Alright, Mr. Mayor and members of the Conanission, I raised perhaps one of the most important questions that has been raised around here for a good while. I asked the Chief standing right before that mike... where is the Chief or where his assistant? Mrs. Gordon: Is Mr. Gary in the room? Rev. Gibson: Is Chief Harms here? Mrs. Gordon: Is Howard Gary here? , . .•, Mr • Cr1185i-6 • the Commissioner Rev .,He one vho cOU1d, answer this , for titiniess • . , „ , ' • . Mr..•GraSsiei:.-,He4s,.cOining•:-:doww.,..- - • Rev. Gibson: Listen, since I can't et.the answer otherwise, you know, -unless you are going to tell in you will instruct him, I will buy that. Let me tell you what mine is. I raised a question of all the crime taken place over in the gl OCT 1 7 1979 Cullaer,erca which has been unusually high and a concern of mine. I said that... I asked a question like this. Are there any Black investigators?' The question was "yes". They didn't know what I was going to do later on. I came back and said are there any Black investigators in Homicide? The question was "no". Do you remember that? Ok. I learned subsequent to that, that they went and found one. One of the things I have learned in my life is that I can't be the Manager. I can't be the Chief and then the Commissioner. So if I'm the Commissioner, I set policy for the Manager to instruct the Chief to carry out. Is that the way it is? Ok, beautiful. I raised that question... Mayor Ferre: Chief, I got a feeling I know what's coming. You know what's coming? Rev. Gibson: Darn right he knows what's coming and that's why I want him to answer. I raised that question and the Chief says "no, there is no Black investigators in Homicide". So then they went on and between then and now they have one. 0-n-e. Now, no big establishment like the Police Department can operate with one Black investigator, if you need an investigator and an investigator with peculiar needs. You certainly don't need one, you need more than one. I'm not going to tell the Chief how many he needs. But Mr. Grassie, I want a time certain before I cast my vote for this budget, that within the maximum of ten days another Black is going to be in place, because you know, let me tell you what nobody has said. The Chief didn't think I noticed. You know, I get up some mornings my stomach is hurting me so I can't go to my office at 8 o'clock, because I usually do. And sometimes I might end up that day and don't get there at all or having served the church, I served for thirty-four years I will have you to know that I have never been sick the maximum of thirty days until about three years ago I found out that Theodore Gibson can get sick. Plummer was hoping I would die, but that's all right. That he was going to bury me, that's alright, for free and for free. And for free. Mayor Ferre: Rev. Gibson:. „Or a man is on sick leave or a man is out of town. Man or women won't inake any difference. Now, I think... I know the Chief has his problems with all this budget constraint business. I sympathize with him, but Chief I am entitled to more than one for the efficient... n.te this is the policy, for the efficient operation of this City. Now, I'm not interested in who the one is, the other one isor the other two maybe, but I want number one, a commitment that it's going, to be more than one. Number two, that a time certain in the maximum of ten days. Now, if it takes you more than ten days to find another Black person who can qualify to investigate, you raise one hell of a question in my mind. Ok? I'm through. If I can get an affirmative action time certain, I'm ready to vote. If I can't I ain't voting. Mayor Ferre: Well, what's the consultation? You don't need consultation on that one do you? would go that far. Rev. Gibson:'. es, they evidently do. Mr. Grassie:--Commissioner Gibson,; what youhave asked as a policy is very_ clear. I would 'like to negotiate with you for' just a minute, if I shay,.;. Rev. Gibson: Sure. Why,of course. I. haven't been negotiated with before. Alright, are you willing_, to put three in? Mayor Ferre: I think that's what you call upping the ante. Mr. Plummer: Grassie, you better start talking fast. Mr. Grassie: Commissioner, seriously, one of the things that the Police Department likes to do is to give people in the department an option, that is to give them a choice in this question. We would like a little more time. I think that the Chief based on what he just told me is in a position to give you the kind of assurance that you would like, but we would ask you that... so that we can do this in an orderly way, that we make that thirty days, thirty days from today. And I think that we can accomplish that and give everybody in the department who might be interested, a chance to express themselves. gl Rev Gibson: I -didn't, quite understand give everybody in the department a . chance to express himself. Mr. Grassie: Yes, what we do Rev. Gibson: What do you mean by that? Mr. Grassie: Well, we like to ask people to volunteer for these assignments rather .than simply taking somebody and saying look yoti are are going to do it, because that make them a better officer. It makes thema better--- more dedicated investigator. And to accomplish that... tor.go.through the process we would like a little more time. So if you can set your policy at thirty days, I think it would facilitate our life. Mr. Plummer: It will still make for a happy Thanksgiving. Rev. Gibson: Let me say this. While I might... I think I have to vocalize this regardless what position I take. In our business and my business is church, I say my business is saving souls. Man we never look at one man as that man going to be the director of any one church. We look at two, three, four guys so that if the first guy turns us down we know where the second is, we know where the third guy is, we know where the fourth guy is. Now, if you already... if you have done your homework as you would have me believe, the very fact that you found one, another one and another one shouldn't be that difficult to find and I'm going to say to you what I said to the Chief privately, twenty minutes maybe a life. Twenty minutes maybe a life. Already their lives. And Mr. Grassie, I sympathize, I understand, please don't think I'm hard timing anybody, but I found one thing to be true. If I don't hard time somebody ain't nothing going to happen. Not where we are concerned about somethings. You know what I mean? It will hang in the balance, nothing happening and everybody thinks that you know, it's alright. And because nobody is saying anything everybody swears that Gibson and all those Black folk nut there like what's happening. I... and please don't get offended. I wart time c1rtain and I just find thirty days kind of long. If you have the pulse of that department, you know... let the hear the Chief,_ maybe" he has some problems I don't know. And I want you to explain the problems, don't just state them. I want them explained. Mr. Plummer: The spirit of negotiation is a med ,,i.or..You asked for ten, he asked forthirty, can we settle on twenty?Now, you know,... Rev. Mr. P this over -.with.... Gibson: Let me - say to you.• .. lummer. negotiation is the spirit of give and take:and let's "get Rev. Gibson: I:will settle for fifteen days.. Mr. Plummer: Chief Harms: Mayor Ferre: Chief would",you,settle.for seventeen? It depends• how. the rest of the .goes Commissioner.;; -He has already told you that, hasn't h Chief'.Harms: There are some problems.with placing an, investigator... Mayor Ferre: Rev. Gibson: Mayor Ferre: Chief Harms: we, you will work it out. Alright, If not you that , time frame, . not in :;terms:'. of will come back and get an extension. Yes, sir, if I'm „unable .'to.I will certainly request one. Rev. Gibson: I will tell you what. Mr. Grassie, I'm doing this because of you.I will go for thirty days Mr. Grassie, because I... Let me say I have always found you to be an, honorable man and I'm not going to change that opinion now. Thirty days cap. Mayor Ferre: Or less. Mr. Plummer: Or less. gl 1'5 OCT 1 7 1979 Rev. Gibson:" Or less. Mr. Grasgie: ,We'appreciate that and we, in term will try•and do it sooner`. Rev.;Gibson: Yes i get now is more I"... you know, I~don't want to.be unreasonable" becauseanything than what I had. Mr. Plummer: I know where to send the bill I send it to you? Chief Harms: The usual address. Mayor Ferre: Alright, Mrs. Gordon you are one. Mr. Plummer: Ladies Mayor Ferre: Mrs.' Gordon: firs Go ahead Rose. o Gibson for mediation.. eredo now recognized oryou:Plummer Gary, 'have afew questions I"like,to ask your Mayor Ferre: Mr. Gary, would you please'::take'the "hotseat.""Mr.-Gary?'' Mrs. Gordon: Howard Gary, do you want to come'`to the microphone Mayor Ferre: Not really. Mrs. Gordon: Question number one. Have you received and expenditure data for last year yet? Mayor Ferre: Read it right into the record now." either any accurate revenue Mr. Gary: We received some data, but there are some problems It's not completely accurate Mrs. Gordon: Mr. Gary: I s not accurate? Completely. n: Have you received any Mrs. Gordo Maurice? Mayor Ferre: ' Mrs. Gordon: I will write you a copy ofthem.`. Mayor Ferre: That's what you do with me. with some of it. that';: accurate? You'"want` to " read Of course, that s whatyou.dowith"me.:; my notes Mr. Gary: Well, Mrs. Gordon, there... We received some expenditure and revenue reports, there have to be some adjustments to them to take care of some double entries and revenues and some double entries in appropriations. I would say if I had to guess that their reports are approximately ninety to ninety-five percent correct. We are in the process ... I'm told that the Finance Department is in the process of making those adjustments and they will be ready in a reasonable period of time for the auditors. Mrs. Gordon: Were any of them accurate? Mr. Gary: Beg your pardon? Mrs. Gordon: Any of them accurate? Mr. Gary: Yes, they are. Mrs. Gordon: They are accurate? Mr. Gary: Some of them are, right. Just to clarify;"the point, you know, you take a revenue apppropriation report, within that report I'm saying that ninety-five percent of it is accurate and I'm using ninety-five percent as a rough estimate and five percent has to be adjusted. gi 36 OCT1f1979 Mrs. Gordon: Will you furnish us with copies please? Marking the ones you consider accurate. Well, Commissioner... part of what. That's part of the instructions., Mr. Grassier ... Howard Gary... Yes, I understand. Part 'of what Howard Gary ,. was saying to you Commissioner is that the Finance Department right now is getting'these figures prepared for the external audit process. And... Mrs. Gordon: The question was not what he is getting, but what he has got. Mr. Grassier ... in consequence we would get those to you when they are ready for the auditor and I would anticipate that all of the records will be ready for the auditors if 'we follow the normal schedule in December. That's when they start their work. Mrs.: Gordon: The Question though was what has he had for preparation? Alright, I will read it to you the way I have it down here, you still don't have the basis though for an accurate estimate of the fund balance carried forward from -last year?- Do you Mr. Gary? Mr. Gary: In response to your question, we have assumed that there will be a zero fund balance. The reason for this is that we do not have a hundred percent accurate records, therefore, we feel that the most prudent approach is to assume a zero fund balance. If you don't do that, if you assume that the fund balance is going to be something other than zero, we could have problems in the upcoming budget year. Mrs. Gordon: So that the "balance budget proposed ccrld have a balance unappropriated or of several millions dollars or a:deficit? Either way". Mr. Gary: It could be either way. Mrs. Gordon: And you don't knowright now? You really don't know. Mr. Gary: Well, you know, obviously we can't? have a deficit budget. It could be more money, then zero... or it cou.ld be zero. Mrs. Gordon:. Mr. Gary: But you guessed it only Right, you are correct. Mrs. Gordon: You - guess, you know., you: don' are guessing. In other words, ave nothing to go by. yourguess is as good 'as my Mr. Grassie:;No, Commissioner, that is not a: true representation. His guess is approximately ninety-seven percent better than yours probably, you know, because he works in it everyday. Mrs. Gordon:" Well, he has about as much figures to go on as I do, which is none. Mayor Ferrel Mrs. Gordon: Mayor Ferre• What makes you so generous today, J I have some questions fore you Mr. Grassie, are:youu`ready?, it's. your turn. CT `171979 Mayor Ferre: Read your question. Mrs: Gordon.: Mrs. Gordon: Mr. Grassle, are you ready for your questions? .. Mayor Ferre: Would you rather put Dr. Barry on? Do you vant us to take :a recess and maybe you want to put him on? Mrs. Gordon: Mr. Grassie,.I gave you a list of questions on the 27th of September and I'm going to ask you if youwill-answer the questions''that. I,> gave you then. Mr. Grassie: Commissioner, you did give us a page long of, questions. The ;. staff has been working on those and we will get you written answers rather than verbal answers. Mrs. Gordon: How long has; been simad I gave it to you? Twenty days. Mr. Grassie: You handed it to me at the last City Commission Meeting., Mrs. Gordon: That's the 27th of September. We are now October... Mr. Grassie: And it may take another ten drays before we have an answer for you. Mrs. Gordon: So the record might reflect, I'm going to read those questions into the record. The first question was, do you now have the correspondence file for the Peat, Marwick and Mitchell with :regard to the capital improvement fund and are there copies for us? The second question was, do you now have an estimation of the general fund balance for the end of this year's budget? Of course, the answer is "no", Mr. Gary said that. I want to compliment you Mr. Grassie, because you found the FP&L Franchise funds and you put them into the budget now, which is in there today. Approximately three million... Mayor Ferre: Continue the reading. Mrs. Gordon: The fourth question is, why are there no accurate revenue and expenditure reports? With only... no, at this point and time and the question I had given to you then was with only a few days left in the current budget year. That was back in September 27th. The fifth question, in view of the late submission of last years audit and the current status of the financial records, how can you assure us that we will receive the next audit within a ninety day time limit so that we will not lose our state funds? You don't have an answer to that, that you can even express at this time. Mr. Grassie: Oh, certainly. We have for three months now had a schedule of the closing activities that are required in order to meet that ninety day schedule. That work is in process right now. We are coordinating the schedule with external auditors, that is why I can tell you specifically that the last one of approximately eighteen different steps will take place... will be completed on November 20th of this year and at that time approximately December lst, the auditors take over and they have then ninety days in which to complete their work so that we meet State Law. Mayor Ferre: Next question. gl OCT 1 ? 1979 Mra, Gera n: And then what is the reason why the 1978 audit submitted twelve months after the end of the year... why did it take twelve months to get it? Mr. Grassie: Well, Commissioner you are going to.get a more complete written answers I indicated to you just a little earlier, but if you remember that was discussed at some considerable length at the last City Commission Meeting and the verbal answer is still the same one it was then. Mrs.: Gordon: What is that? Mayor Ferre: Yes, but nobody picked up on this, so She wants to read it over again. Mrs Gordon: What is it? What is the verbal answer? Mr. Grassie: I believe that you remember that we discussed the transition period that the City had gone through with regard to it's computer system in terms of all of the programs going onto a new computer installation, the moving of the entire installation. The delays inherent in that process and the fact that in addition to that the City has been involved in completely converting it's accounting system because of a new State accounting requirement so that both the basic accounting records of the City and their application on data processing have been going through a major modification. Now, that has been very disruptive. It has caused us to be significantly behind in this last year. Our entire aim has been to start the current fiscal year, that is as of the 1st of October of this month, expecting to keep that system accurate and up to date, that is current. Now, that's been our goal but there is no question- and I' don't think that at anytime have we told you anything differently, but that' last year's financial records have been significantly delayed for the whole year. Mrs . Gordon: When will you receive the management letter from Peat, Marwick and Mitchell" for the 1978 audit? Mr. Grassie When Mrs. Gordon: they send it . to us Commissioner. Well, have you asked them-for`i Mr. Grassie:' ." We ;don.' Mrs. Gordon: Well, • have to ask them for it. why haven't they sent it yet? Mr. Grassie:' "They. norinaily send it as soon as they are finished with it When they are finished with it they will send it to us. Mrs. Gordon: Well, it's over twelve months late. How much in salary expenditures have been made as of the last payroll and how much -is your projected salary surplus as of 9/30/79 for each fund? Mr. Grassie: You are going to get specific answers in writing to Commissioner. Mrs. Gordon: When? Mr. Grassie: Mrs. Gordon: Mr. Grassie: Mrs. Gordon: Mr. Crass [& : Mayor Ferree Rose. Mrs. Gordon: You know, Well, again, the answer is still the sam When.',, • I would estimate approximately ten:days.:from en days from now., that now? Before the. next Commission Meeting. That's any estimate. You : go one more chance r. Ferre... Mayor Ferre: Further questions? gl :read all those., questions Further,,, questions Mrs.,Gordon Wino 39 OCT 17 1979 „,.. Y.ra. .urdon: and when you Mayor Ferre: questions to I don't know why you. take great pleasure in do you know, you are very arrogant about it. I'm not hiding anything. I'm asking you if be read from Dr. Barry's written statement.. Mrs. Gordon: I want to ask you a question Mr. Grassie. that you sent to the City employees... do you know which trying to hide things you have any further Further discussion? About that memorandum one "I'm talking about on October the 5th? Mr. Grassie: Mrs`. Gordon: Mr. Grassie: Mrs. Gordon: Mr. Grassie: policy? The one which reflected the position Yes, is that a position of the City hope so. That's what I said... the City Commission? Commission? When did the City Coinmission express that policy to .you? You mean you have doubts that, that is the City'"Commission' Mrs. Gordon: You know what memorandum I'm reading to you. Mr. Grassie: Well, whydon't you read just so that we are all sure. Mrs. Gordon: The one that you sent out on the 5th of October relating... "Attention all City employees at the request of the City's employee unions the City Commission has delayed the adopting of the required Ordinance implementing fiscal year 1980 budget. Therefore, the 51/2 percent wage increase to be effective October 7th cannot be granted”. Mr. Grassie: Yes, that is specifically what the City Commission did. And you did it basically at the request of the or¢anized employees. Mrs. Gordon: Where in the world did you find that information that you related that specifically to the budget passing as to when the beginning of the pay increase would happen. It isn't in there any where. That was part of the contracting, labor negotiations that you conducted with them. It didn't say anything relating to when the budget was passed. Mayor Ferre; Father Gibson? Rev. Gibson: Mr. Manager, I thought... Mrs. Gordon: Did you want to speak to that? Rev. Gibson: I thought we said that... in the heat of the discussion I remember specifically, I asked the union men to come to the mike and now I don't want... look, for God sake I don't want to cross those people up because if you promise people the only thing I know to do is to keep your promise. I asked that gentleman there and I asked you and I asked... there was another man here from out of town what... you remember? And I said give me the language. You remember that? Mr. Teem: Yes, from the FOP Father. Representative... Rev. Gibson: Yes, and there was somebody else from out of town._ Who was he?`. UNIDENTIFIED SPEAKER: A. G. Sherman was Rev. Gibson: ' And there was another man from UNIDENTIFIED SPEAKER: Lee Saunders. Rev. Gibson: Saunders? And I said for God sake give me the language that will not make us look bad and keep faith with you. The one thing I learned about dealing with the union. If you aren't going to do what you say, you better not say. And I hope for God sake I don't want to be in that kind of a bind. Mr. Teems: Well, I tell you Father... Don Teems, President of the Miami Association of Fire Fighters. The position first of all from the memorandum is not correct. It was not at the request of my union that we roll over the g]. OCT 1 7 1979 0. budm.fc: thirty days. Now, that's what the memo said. Also, you have a contract with the Fire Fighters that says you will implement a 511 percent pay increase as of October 1st. Now, the first pay period of October starts October 7th and we understand that, that was an agreement we had when we negotiated that the actual pay increase would start as of October 7th, because that's the first pay period of October. The City Manager is saying that because of the budget wasn't approve that he can't implement that 51/2 percent increase. Now, that was not my understanding at this Commission that day. I think maybe ASFME might have agreed to that because of the lay- off position of some of their employees. But I specifically got up and said I would not agree to that. The FOP specifically got up and said that they would not agree to that and Sanitation was not represented that day. Rev. Gibson: Well, let me say what my understanding was and whether... I'm not contradicting you. If we don't have a budget passed, certainly we have no way of giving you the increase. I was concerned about whether you had a rollback... they used the term rollback or some such term, I was interested in getting that terminology. Now, my brethren I'm going to say this and hush my mouth on this issue. I would hope and this maybe idealistic, I would hope that the unions of this city and the City are not enemies. I would hope that. I would hope that we all are reasonable people. My understanding then was and still is that if we didn't have the money appropriated then, when the budget was passed that the increase promised would be retroactive beginning from the contract date when that money was to be given. Now,... Mr. Grassie: Your understanding is completely correct. Rev. Gibson: . that was my understanding and I bent every nerve asking people telling me what the union language is so that nobody... I could remember somebody other than either one of you standing there coining to me saying that what were you doing? Or what happened? I said my understanding is that we did not pass the budget, since we didn't pass the budget as soon as we pass the budget we will make sure that if you were to get this increase the first pay day in October, we will go back and pickup that money :rom October, the first pay day in October and go on. That was my understanding. Mayor Ferre: Alright, Commissioner Lacasa. Mr. Lacasa: .Father, I do agree with what you are saying. , . . . , Rev. Gibson: "made the motion. -- _ Mayor Ferre: ,And LaOaaa.egreea''andI'm the third One...and: agree and that' three of us. Let move- on.- Mr. Lacasa:., I.'agee With that, to' let's moVe'on this.; . , Mr. Grassie: ' If. we can' adopt Ctle-budgatPn aa'etn7rgetlOY..-_,,,-. Mr. Teems: Well,: let... could I finish.1 my understanding of "fit :,..14n? we are going to have this cooperationbetween .Taanagement' and the :u71.77 Rev. Gibson:Alright. Mayor Ferre: Management is over there. Mr. Grassie: Who's recognized? Mr. Teems: Well, first off it says that "at the request of the City employee unions". We did not request it. We didn't request it. We requested our pay increase as of October lst,'that's what we requested. I think you can pass an ordinance saying that you can implement that pay increase. Now, b not doing it you have broken the contract that you signed with the employees. Mayor Ferre: Mr. Teems, you heard Father Gibson, you heard Lacasa say that he agrees with Father's statement and I'm the third one who agrees with it. Now, what else have you got to say? Mr. Teems: Well, now we are in court, that's what we have got to say. Rev. Gibson: Well,— let me... I want to add this, if that will take us to court, I think we ought to go to court. I want to put everybody on notice and on nowI don't gl guard . like that kind of deal. 71 OCT 7 1975 !+!�. T;aws: Father you are in court. Rev. Gibson: I think people ought to be reasonable and understanding. You know, there is such a thing as having the right to burn a house down and there is such a thing as having the right to keep the house and not burn it down. Now, let me tell you something, you union people, ok. You all don't know I know this. Plummer, where are you? I want to make sure everybody here... no, I'm not about to sweep this under the rug because I think I see some attitudes and I see some reasonings that disturb me and I'm concerned about Miami. Let me tell... let me unfold somethings that I know and see so that you all will know, I maybe Black, but I'm not a fool. A lot of you are going to fool around here and then wipe out the City, ok. Be unreasonable. A lot of you are going to fool around here and don't know I know this, most of you don't live in the City. You remember when a move was afoot to make most -of you people live in the City, remember I was one of the guys who pleaded and begged and cajoled and all of that. I hope I did not do that invain. Now, reasonable men won't do what you all are doing. We didn't say we were not going to pay. We said we would pay when we passed the budget. It would be retroactive and pick up that pay. I find it incredible living in a day like this to find people who are not reasonable and understanding. My brother don't cut off your nose to spite your face, don't alienate all of us. I hope you don't. Mr. Teems: Father, I... Rev. Gibson: We are... listen. Mr. Teems: I understand what you are saying. Rev. Gibson: Unlike the others,... listen to this. I could afford to preach the sermons. I am going to be here for another two years whether you like it or not. Oh, yes. Now, these four may not be here, but I am going to be here unless you find me stealing or some such and I'm a fool to let you catch me stealing. Ok? Alright? I'm your friend now, keep me your friend. Be reasonable. Mr. Plummer: Father, I just gave Jack Bond the be careful. certificate, you better Rev. Gibson: Alright. Mr. Teems: First off Father, I think you have ever heard me call you a fool, not by a long shot. But Father, you know, I will say it again, alright, cooperation is a two-way street. This administration as far as the Fire Fighters are concerned have done nothing but try to be disruptive, have never held up to one of their agreements verbally or any other way and then when you turn around and ask me to be... including the contract. In the contract it says October 1st, including that. You know, they haven't kept promise one and then you say be cooperative. I'm sorry Father, we can't anymore. Mayor Ferre: Alright, Mrs. Gordon, next statement? Mrs. Gordon: There is a whole lot of questions relating to the FP&L funds, some of it you have put into the budget. Are there anymore? Is it all in the budget now Mr. Grassie? Mr. Grassie: You have in your package a summary which tells you exactly what the status of the FP&L fund is. What the affect of these decisions is Commissioner is that not only have you used up all of the money that was available in the FP&L fund, but you have also in effect deobligated things that you have previously appropriated. What you have done in other to make money available for the increased expenses that you approved, is that you have deobligated prior obligations. Now, that's the only way that you have made money available to cover this budget. Mrs. Gordon: The point is though that last year you know, when Peat, Marwick and Mitchell ordered you to put the capital--- the FP&L funds with the capital improvement funds into the budget, you didn't comform to that and it's only because the additional items became necessary for funding that you put them in. Why didn't you put them in in the first place? Mr. Grassie: I don't think you understand the relationship Commissioner. The external auditors do not order us to do anything. What they made was a gl 72 OCT 1 7 1979 we CUU4U UU AL KAL..v• w.►f, IA... ....� vv►.vva►v.+ ..r v... *v_. fund. It is that now rri'That has not been changed. Ras Illy, what you are doing with this budget, �., you are appropriatir^_,_; of the monies that Mere available in FP&L plus a number of iJnics tna w _ not tVe:leule because you had previously appropriated _hem. doing is you are reversing previous actions in ord• to to fund this budget. So what you now are create enough money Mrs. Gordon:. Yes, but isn't it so that the State of Florida uniformed system of accounts defines--- definition of the capital improvement fund doesn't. include that the way it was being handled? Mr. Grassie: Commissioner, I have answeredthat question twice TRW „but I' will give you a written answer to it. I believe that,: that's part of the things that you askedus and I will be happy to give you quotations and show you what the State uniformed accounting practicecalls for. Mrs. Gordon: Well, I` happen to have it and I know what it is and I know that Mr. Gunderson wrote and asked them couldn't he do it the other way and of course, I know what the answer to that was too. Isn't it true that the money that was kept separate from the general fund it was as a slush fund for five months until February 22, 1979? And then when you presented the four point three million capital projects budget for appropriation isn't it true that for five months preceding that there was no mention of it it was kept separate and apart without any budgeting of it at all? beginning misconceptions... Mrs. Gordon: First of of all, did you ever receive permission from the Commission, ok,.to violate the directive of our auditor and State Accounting Laws? Did you get permission" from the Commission to ."do that? Mr. Grassie Commissioner,since you have iriterrupted my answer I guess I'm going to revert back.towhat I have told you three times now and that is that you will get it in writing. Mrs. Gordon: No, comment. Mr. Grassie: Oh, I will be happy to say it again, you will get the answers in writing Commissioner. 2'3. PERSONAL APPEARANCE BY JESSIE MCCREARY, GRACE P _.KAFELLAR AND CHIEF KENNETH HARMS REGARDING PROSTITUTION ORDINANCE. Mayor Ferre: Alright, I'm going to have to interrupt for a moment Rose, because Jessie McCreary says that he has got a court appears and he just can't stay any longer. Would you all mind if we let Jessie McCreary make his presentation? His will only take five minutes and he has just got to be in court. He is already late, as a matter of fact. What item is this Mr. McCreary? Mr. Jessie McCreary: Mr. Mayor... Mayor Ferre: Alright, you have got five minutes. Mr. Jessie McCreary: ... and members of the Commission, I was recently contacted by your City Attorney in reference to the City of Miami's prostitution ordinance that was drawn up by me and Professor Waters some fourteen or fifteen months ago. There has been some concern as to the effectiveness of this ordinance and hope that Mr. Knox has favored you with a copy of my letter. Let me say that probably what this Commission needs to do is take the words of Mr. Justice Caldwell who says "if it's not broke, don't fix it". Now, there is some concern as to whether this ordinance is constitutional. No court in this juri:;diction and this circuit has ruled this ordinance unconstitutional. It is merely now, 1 think a question of both the Police Department and the State Attorney's Office understanding the ordinance. It is certainly a two part ordinance. One part of that ordinance gives to the Police the power to detain and or arrest if certain things are present. Merely because the Police Officer has enough evidence to arrest does not mean that the prosecution has enough evidence to convict. The case I think that brought about all of this was the case of State versus McDaniels where the Police Officer did have probable cause to arrest. It did gu to trial. The trial judge convicted the lady. The State at a subsequent time confessed error and said that they did not believe that there was sufficient evidence to convict her and therefore, the State of Florida confessed to error. Now, there are a number people who would like for you to now do something more to this ordinance. 3 Professor OCT 171579 gl Waters add 'I have met with Mr. Carhart, the City Attorney, with Mr. Alvarez and it our opinion that if the City wants to change this ordinance it should not do so in a rapid fashion, but rather afford us the opportunity to look at what litigation has taken place in other parts of the Country with similar ordinances. I can report to you that it's come to my attention that the City of Tampa and possibly two other states now have adopted our ordinance word for word and it's not been ruled unconstitutional. So I'm suggesting to you at this time that the City not make any moves to try to fix what is not broken. No court has ruled it unconstitutional and I don't see any reason why we should go an further with it. Although, I would like to report to you at a subsequent meeting to see what we can find in terms of additional cases which might have dealt with ordinances of this type. Mr. Plummer: Jessie, let me ask you this. From what I have read and I'm not going to find fault with Mr. Knox, but these letters were just handed to us now. Alright? From all that I read there seems to be some lack of communication putting it into best words, between the Department of Police and the State Attorney's Office. Now, I think that you and the Professor would do this Commission and this City a great favor since you were the ones primarily and the others that joined with you to have what I like to refer to--- excuse me, Father-- as a prayer meeting. That the three entities sit down and to try and have an understanding, because at the present time there seems to be a mis- understanding. And I think only the writers of the ordinance who can stand up and say it's not broken, don't fix it and here is the reason why it's the only way to go. Now, I would hope Mr. Mayor, that Mr. McCreary and the people that assisted him would immediately schedule a meeting between the Department of Police, the State Attorney's Office and try and work this thing out, then if you can't come back to this Commission. But it seems like to me that that is the logical way to do it. Mr. McCreary: Mr. Mayor, under the direction of your City Attorney, I have started to contact the State Attorney's Office. I will sometime next week make an attempt to meet with Chief Harms or to explain what I think the positions ought to be. It is my understanding that there is a great deal of cooperation now, that all parties are attempting to get together to quash what seems to be some grave concern. Mr. Plummer: Jessie, I was not speaking to individual meetings, you with the State Attorney, you with the Police Chief. Well, I'm a great believer even though you can do what I can't. I'm a great believer of locking everybody in the closet and you don't come out until you come united. Alright? Now, I think you are the only one in that Committee that worked with you who can make that understanding between the two. Mr. McCreary: Mr. Plummer, I will... I give you my word that I will try to meet with all parties at the same time to try to help this Commission and this City. Mayor Ferre: Alright, Mrs. Rockafellar? Mr. McCreary: By the way I have met with Mrs. Rockafellar too. Ms. Rockafellar: Mr. Mayor and members of the Commission, I'm Grace Rockafellar I live at 814 Northeast 71st Street. I'm President of the Northeast Miami Improvement and the Northeast Taxpayers Association. I'm appearing here today as a private citizen. I have received so many calls that it isn't even funny. Biscayne Boulevard is no longer a Boulevard where merchants can do business, banks, savings and loans, attorneys, realtors or anyone else. It's become a combat zone. It is now owned, operated and controlled by the prostitutes and their pimps. They are so bold, they don't even go in. They not only solicit the people and the merchants, the customers as they go in. They go right into the places of business. When the merchants try to put them out and threaten to call the Police, they will say go ahead and call them, they know we are here and they are not doing anything. And the Police are getting blamed for this. Now, I have always stood up for the Police Department and I still think we have a tremendous Police Department, but in talking to Janet Reno and talking to Mr. Arthur Joel Berger, we say now the Boulevard has Bergers disease, because Arthur Joel Berger is the one that pimps... Crippling, withering disease is what he has caused us. The Police had the prostitutes cleaned up. You would see one once and a while, there would be a Policeman right there and it would be gone, but what Mr. Berger did when this went to the appellant court and I got this from former Judge Stettin who sat on the appellant court and he was as stocked as we were. He said gl 74 OCT 171979 • t4'»ri MYYiM.'n41f"iR24KYl that Mr. Berger gave him no choice, that he came it •a,chat they lack aufticient evidence because the Police Department- becaus*. ;:he Police Officer did not listen in on the conversation. I told Mr. Berger, I would bet him any amount of money he could put a Police uniform on and go down the street and if he could get a customer to sit there long enough, let a Police Officer listen in on the conversation, I will be glad to pay him. It's an impossibility and that's the reason Mr. McCreary and Mr. Waters did not insert this in there. Hillsborough County was infested with both pornography and prostitution and the Sheriff from Hillsborough County was on the radio a couple of weeks ago and he said they have cleaned the whole thing up using our very ordinance. I checked that out with George Knox, he said "yes" they have their ordinance. Now, Janet Reno has defended what Mr. Berger did and she told me that I was the only one that she heard from, within four days she heard from five hundred business people and residents in the area. She was on the phone all the time. So what she agreed to do and did, she wrote to each of the Judges telling them that this ordinance was constitutional and never been ruled unconstitutional and they were to proceed to heard the cases under this. She also said that the Police could go ahead and make arrest under this ordinance and if there was sufficient evidence, that they would be prosecuted. And I took upon myself to contact each of these Judges that I received a copy of, I was able to reach all of them but two. They are on vacation. They told me they consider the ordinance constitutional. They would be glad to heard the cases under it, but they have had no cases. Now, what we are asking you today to do and I'm asking this on behalf of all the merchants and the residents. There has been a tremendous increase in breaking in and burglarizing homes, purse snatching, beatings. The crime rate has just gone up terrifically since the street has become saturated. If you would... you can useeither words you want. You can either authorize or instruct Chief Harms to put thirty, forty or fifty Police Officers on that Boulevard if it takes' a week, two weeks or three weeks, keep them on there until this situation is cleaned up. Now, they did that once before and they did a beautiful job of it. There were some of them on patrol, some of them on foot and as the prostitutes, walk to the corner, the Police Officers walked to the corner and in about two weeks there wasn't a prostitute to be found and there wasn't again until this decision came up. Mayor Ferre: Chief, could we ask your opinion? Do you think that perhaps we can deploy some additional men? And I would like to see some... personally... this is just a personal opinion. Rather than men in cars, if these men could be walking those ten or fifteen blocks, -I mean out visible. Do you think that might help cleanup that street a little bit? Chief Harms: There is a potential for it, but if we look at our record this year as compared with last in the first nine months of the year, to date we have effected eight hundred forty-one arrest for prostitution related offenses along the Boulevard compared to seven hundred 'seventy-two of last year. Between Friday night and early this morning there was a total of thirty-four arrests for the three day period. So it's not the fact that the arrests are not being made, a part of it has to do with how the arrests are being processed and ultimately adjudicated. Now, if we put more Policemen we may increase the arrest factor. I don't think so. So the answer to your question, "yes" it is possible to put more men there, but there is some cost associated with it. We have a program that we will be implementing on Monday of next week, it will increase the coverage. Mayor Ferre: I happen to have had the good fortune of having with me in the car a witness who is here.The other day when we were riding up the Boulevard and it must have been 4:30. Mr. Grassie, is that right? Is that about the time? And I think we personally witnessed a couple of the ladies that are soliciting. Chief Harms: Theissue. section of it 3845... Mr. Plummer: They are getting desperate aren't they? Chief Harms: The enforcement of that particular part of the ordinance is occurring, but there is some difficulty with securing prosecution and conviction on those particular cases that relate more specifically to the waiving part of the ordinance itself. In addition to the waiving there has to be pattern behavior in addition to, that prior conduct before the State Attorney will prosecute on those cases. g1 the ordinance enforcement itself, that particular 75 Ms. Rockafellar: Chief? I know that the Chief has had his hands tied because Janet Reno had told him she would not prosecute under this ordinance. She has now changed her mind since all the pressure that's been put on her. And the Chief has always been very cooperative... Mayor Ferre: No, no, don't put it that way Grace. Ms. Rockafellar: What? Mayor Ferre: Say that she has seen the wisdom of Ms. Rockafellar: Well, let's say that she agreed with aboutfive people that the cases should be prosecuted. Mayor Ferre: Oh, no I think she agreed with the wisdom of the law after she did further research into the law. Ms. Rockafellar: Yes, well, you word it whatever way you want, we are just happy about the results. But the thing that we do feel, we think that a lot of additional Policemen out there for a period of two or three weeks would clean our problem up and I'm sure that Chief Harms would agree with me with that. And we would greatly appreciate... you would have the gratitude of every businessman and resident in that area. Mayor Ferre: Chief? You want a resolution Mr. Grassie to that effect or is that not necessary? Can we call it the Grassie.... Mr. Plummer: Grassie can't speak on this issue, it's now conflict interest. Mrs. Gordon: Mr. Grassie, I bet you didn't know you blush`; Mr. Grassie: I had another tour with Commissioner Lacasa about 1 night too. Mayor Ferre: Were they still there? Mr. Plummer: You can't stay away, hub Grassie? Ms. Rockafellar: But you know what Mr. Mayor, what the people out there are saying. They say we are the taxpayers. We have got a big investment here. We are the ones that are paying the taxes. The prostitutes pay no taxes and they are the ones that are destroying our business. So it's not a moral issue with us, it's a matter of economics. ?Mayor Ferre: Alright, now do you need any action at this time? Mr. Grassie: No, we don't really Mr. Mayor. I think that what the Chief has indicated is that they are very active and that they are concerned and... Mayor Ferre: Grace, will that do it? I think it's the will of this Commission that we have some stepped up enforcement and you will of course, make sure that Ms. Reno who now understands the impact of the law will prosecute. Ms. Rockafellar: Well, she agreed that the ordinance is constitutional. Mr. Plummer: Mr. Mayor, I would like to get back to my point, because I don't want anything radiating from this Commission today of confrontation. I would like to go into this thing with the spirit of better communication. I think the man who can establish better communication is Mr. McCreary and Co., ok. And I believe that any misunderstanding, is the way I would like to have it, that has occurred in the past could be cleared up and we can go in the right direction in the future. I don't want to be antagonistic towards anybody, Grace... Ms. Rockafellar: No, neither do I Commissioner Plummer. Mr. Plummer: My mother always taught me you get more you know, with honey than you do with vinegar. Ms. Rockafellar: We have the highest respect for everybody involved, including Janet Reno and Jessie McCreary and Professor Walters and all of them. All we want now is action. And Chief Harms too, we have a lot of respect for him. gl 76 OCT 171979 '! 1. Mpyr'r Fart'e: Alright, is there further discussion on this item? If not, thank you, very much Jessie to you, Mrs Rockafellar, Chief and our thanks to Professor Walters. Is there anything else to come up on this subject? 24. PERSONAL APPEARANCE OF ED CARHART, SPECIAL ATTORNEY REGARDING ADULT ENTERTAINMENT CENTERS. Mayor Ferre: Alright, I see Mr. Carhart here. Are you here on Item 23 also? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Knox: Yes, sir that's the second part. Mayor Ferre: Well, since that's a related item why.don' t;you go ahead an move on that. Mrs. Rockafellar, I know: you are interested in this, this is the related item. Mr. Carhart: I did participate with Professor Walters and Mr. McCreary and Mr. Alvarez and Mr. Knox with the discussion on the prostitution ordinance and gave my views on it. I think we are all on accord and agreement and you have already handled that matter. On the adult entertainment centers, I have been working on it, but with all deliberate speed. Not fast enough for Mrs. Rockafellar and I quiet respect her objections and I have talked at length with her on it. I'm in the process of preparirg the ordinance on the minimum fees. I concerned about the constitutionality if Levying minimum licensing fees, non-refundable fees, against bookstores. The other spects of the adult entertainment center I don't have much problem with if )ou can show good cause, but my research indicates we are going to have problems in that area. We maybe able to charge them an hourly fee for investigating the background of the owner. My cases pretty clearly show that prior restraint such as just a flat six thousand dollar fee for getting a licrase to operate a bookstore, I don't believe it's going to be upheld. I haven't L..mpleted the research on it, but... and I haven't discussed this with Mr. Knox, but that's where my research takes me'on it. I know it's been done in other communities as to escort services and things like that. I think bookstores fall in a different category.. Mrs. Gordon: Can we zone them out of there, Mr. Carhart? Mr. Carhart:'I think you have attempted to do that. I think there are some of them that the zoning ordinances if they were to go out of business, they were to cease business they would not be able to come back in. Mayor Ferre: We have done that. Well, we have already passed as you know, ordinances and changed the zoning, but unfortunately those that are there are grandfathered in And so we have already done what the constitution permits us to do in advise of counsel Mrs. Gordon: Mayor Ferre: But know George, you had. asked... I'm sorry, Grace Rockafellar had pointed out and you were to investigate things that were being done in Virginia, I think was where you said. Mr. Knox: Alright, the day following the last City Commission Meeting we wrote a letter to the Attorney General of the State of Virginia requesting that they send us any ordinances of the State statutes relating adult entertainment centers that had been upheld by the courts of Virginia and we have not yet heard from them. We can renew the request as soon as we have an opportunity to do so. The second part of it is another thing that Mr. Carhart in association with our office is working on is concerning the zoning ordinance. There is a precedent in California whereby there wis shorten amortization period for which the adult entertainment centers were required to go out of business. Generally ga OCT 171979 our saorp cation period for non -conforming uses are wit 't five years or sometimes fled more. There is in California relating to--- specifically to adult entertainment centers an amortization period of ninety days and we are again, investigating whether there is anything unique in California law that will permit it there, but not permit it here and this is a way that we can use our already approved zoning procedures to... Mrs. Gordon: The zoning in the area. Yes, that's what I was. talking about. Zone them out of there. Mr. Knox: Right. Mrs. Gordon: Well, I would so recommend that we proceed and direct the. Planning Department to produce the proper ordinance amendments that are needed to bring about that result. Mayor Ferre: Mrs. Gordon, I think... Mrs. Gordon: I so move. Mayor Ferre: You don't need to do that for a very simple reason Mrs. Gordon. The City Attorney was so instructed to do that and that motion is already on the floor. It was passed by this Commission that instructed the City Attorney --- as a matter of fact, I think you may have moved it--- on... Mrs. Gordon: No, we never made a motion in that regard. Mayor Ferre: ... Mrs. Rockafellar's request that we investigate the Virginia law and I might point out George, that since Jack Bond is going to be an half an hour from Richmond, that you might ask him to maybe help us push that a little bit. Ms. Rockafellar: Mr. Mayor, I want to correct one thing. I think that you made the wiong statement when you said those places were grandfathered in. They were not. They were closed, you revoked their license based on convictions and we had thirty-nine of them and we kept thirty of them closed, but nine of them appealed and got injunctions and that's what Mr. Carhart was supposed to be working on for seven months and he says he is going to now. Mrs. Gordon: That's right, the procedures were based upon a--- in a different assumption. What I'm saying today is exactly different again. It is to direct the Planning Department to produce the proper ordinance that would prevent the opening of the new establishments and that would also.... Velleve LuaL, LUOL uoa w Department has to deviPe that. se ordinances and I would so d ,ct them to do Mr. Wol Mayo TcL re: Ok. Mrs. Gordon: My motion. Mayor Ferre: Alright, there ,is a motion on the floor. I we instruct you to do° that..previously.? Mrs. Gordon: We have-not done that. Mayor Ferre: Let me ask the City Attorney... Mr. Knox: This i rated and We .our belief that it wasincorporate wasncorpo ,. into a charge that you gave us with respect to our relationship with;Mr. `` Carhart. Mrs. Gordon: You were told to go to Virginia and find somethin to. We are directing you now with a specific. Mr. Knox: No, I'm saying that when you directed me to have... to engage. Mr. Carliart to assist us in the area of adult entertainment, this was included in that charge. Mayor Ferre: •So therefore, we don't need any. motion at this point., Mr. Knox: We have recieved the instructions. Mayor Ferre: Alright, thank you. •Ok,..anything else? Alright, much Mr. Carhart, Mrs. Rockafellar and everybody else. Mrs. Gordon: Mayor Ferre: Mrs. Gordon: Could we go back to the budget problems. Yes, we are back on the budget. Go ahead Mrs. Gordon. Alright, tine of the biggest problem areas... 25. PERSONAL APPEARANCE OF ATTORNEY JEROME H. WOLFSON REGARDING HOMER LANIER. Mayor Ferre: Wait, wait, wait... what... do you nave an emergency too? Mr. Wolfson: Yes, I was like next right after them and I got... if I could say two sentences I will leave. Mayor Ferre: Well, ok, say two sentences and leave. Mr. Wolfson: Ok. During July I appeared here and I had a this is re: Homer Lanier and I had a'letter from the justice department at that time saying that the City of Miami was in violation of the Consent Decree and they were not meeting their obligation of the Consent Decree and nothing ever happened and Your Honor there was some discussion here about some meetings. About a week ago I received a copy of a letter to Mr. Knox and to Mr. Krause ving that the City is still in violation of the Consent Decree. Tnere is still a Black... not Mr. Plummer: From who? Mr. Wolfson:. Department. Mr. Knox:�'. Mr. Wolfson: a week old. From Squire Paggett,and Drew Days of the Justice Alright, you want address:.yourself to it? I two' letters both. Mayor Ferre: That's about the tenth sentence, you;., said; two sentences. fson And.I- willbe quiet. Mayor Ferre: Ok. Mr. Knox, you want to respond? gl 79 OCT 171979 Mr. Knox: Ws, sir. We communicated... the letter was addressed jointly to the City Attorney and to Mr. Bob Krause, who of course, is out ill. Upon receiptwe transmitted copies of that letter to the Acting Director to the Department of Human Resources Mr. Arauz, to the City Manager and to the Police Chief and we have not yet scheduled, but are planning to schedule a meeting to relate directly to the questioning of Homer Lanier. I can point out also that Mr. Wolfson is the attorney for Homer Lanier and the question of Mr. Lanier's or Sergeant Lanier's promotion is currently before the Federal Court, so that we will timely draft a response to Mr. Paggett's letter keeping in mind that we are involved in litigation. Mayor Ferre: Come back again, Mr. Wolfson. Mr. Wolfson: Excuse me, sir. Mayor Ferre: Mr. Wolfson: Mr. Plummer: Come back again. I didn't hear that. Come back Mayor Ferre: Come back again, that we can't give you an answer now, you heard what he said, ok? Mr. Wolfson: Until they have their meeting. Alright, but you know, is there anyway that... there is a lot of time limits flying around, you know, different time limits are placed on different people and if any kind of time limit could be placed on them, I would greatly appreciate because this vas June, July... this has been going on a couple of years and I... I'm not dealing with a budget of an election or an inanimate object, I'm dealing with a man and his life and his future. Ok. Mayor Ferre: Hey? Mr. Wolfson: Ok. Mayor Ferre: George? Mr. Knox: Yes, sir we coordinated. Mayor Ferre: Well four weeks? can meet'as soon asthe three respective schedules ,are does that mean within` Mr. Knox: Yes, sir certainly. Mayor Ferre: Ok. Alright, thank you. the next two weeks, three week 26. DISCUSSION OF PROPOSED APPROPRIATIONS ORDINANCE FOR FISCAL YEAR 79-80. Mayor Ferre: Alright, we are back to the budget. Unless there is some other emergency and if so please state what your emergency is, otherwise we are back to Item 1. Go ahead Mrs. Gordon. Mrs. Gordon: Question? That really requires a deep consideration by this Commission particularly for Commissioner Plummer and myself. Is the question that the Pension funding as it relates to the budget and part of the budget. There is a number of areas of deep concern and they are rather extensive. I'm going to ask Dr. Marshall Barry to explain these areas of concern to you because he would probably be more precise than I can with the questions in mind. Mayor Ferre: I'm sure that's accurate. Your name for the record please. Dr. Barry: Yes, my name is Dr. Marshall Barry, I have spoken to you before gl 90 most recr.r.tlY on the meeting of the 27th. Mayor Ferre: Your address Dr. Barry? Dr.:Barry: It's 4302 Robin Lane, Tampa, Florida. Mayor Ferre: And You are here representing who Dr. Barry Dr. Barry: ram here as economic consultant to Rose Gordon, CoMmissionet Rose Gordon. Mayor Ferre: As a paid political consultant. Dr. Barry: Yes, sir, as a paid economic consultant. , Mayor Ferre: Alright, thank you. . . Mrs. Gordon: Yes Dr. Barry has been engaged b yme to'Provide me with accurate information relating to the budget and other 'matters of City financial problems. Mayor Ferre: Again, Dr. Barry and I apologize, but just for the.record Yeti have been retained from the political account of Mrs. Gordon, noon a Per707alY basis, is that correct?," " • Mrs. Gordon: Dr. Barry, is'engaged by me Yes Mayor Ferre : From your Political sccOunt. Mrs. Gordon: That's elcactly. right. Mayor Ferre: You are paying out of your political funds. Mrs. Gordon: Yes, political consultant. Mayor Ferre: Alright. Dr. Barry: Basically, in my analysis of the pension funding this year it ties in with several facts that have been misleading, I think or lack of clarity in previous answers from the Administration. And if I may, I would like to go back to them because they tie into the problem with the pension which is a serious problem, particularly for two members of the Commission, but for really the whole City of Miami. And that is that the statement on the ninety-five percent accuracy of the revenue and expeluiture reports is really in a sense, if it's not seriously evaluated can be misleading. I'm sure Mr. Gary's intent was not to mislead, but what in fact he is saying is that ninety-five percent of the entries appeared to be reasonably accurate. But in fact there are entries the size of the errors in which are extremely large. Well, for example in the--- as of the most recent run in this City for the last fiscal year, there is a thirty-eight million dollar collection error in the advalorem tax revenue account in the general fund. That's just one entry, it would fall into that five percent error matter, but it amounts to a matter of thirty-eight million dollars. Mrs. Gordon: Thirty-eight million dollars shown as an over collection. Thirty- eight million dollars... Dr. Barry: Shown as a fictitious over collection. Mrs. Gordon: I don't know whether people really get the impact of what is being said. That this City would put a report showing a thirty-eight million dollar over collection as an error. Dr. Barry: Yes, Ma'am. Basically, the matter is that the program as originally established was meant to carry estimated revenues and advalorem taxes until collections were acheived. However, because of errors in the computer program and in the Accounting Department there has been a recording of not only real collections of real money, but also of the original estimates, so that the two are summed together and the actual amount of advalorem taxes received in cash is still a matter of question to this community. But there is none the less the thirty-eight million dollar error in that simple five percent figure. So it's very important not to confuse those. Mayor Ferre: Doctor, would you forgive me if I interrupted you because we have a very distinguished american Mr. William J. Baroody from Washington who just walked in and I think we have to recognize him. If you will just... This is will only take a few minutes. S1 OCT 171919 gl 27. PRESENTATION OF A KEY TO THE CITY TO MR. WILLIAM J. BAROODY. Mayor Ferre: At this time I would like to recognize the presence here of Mr. William J. Baroody who I'm sure all of you know and does not need introduction. He began his work experience as Assistant Statistician for the New Hampshire Unemployment compensation agency and later supervised a fiscal research and legislative planning section of that agency. He was also Director of the Statistical Division of the New Hampshire War Finance Committee and a research associated of the New Hamsphire Legislative Commission on disabled benefits. During World War II he served as a Lieutenant of the United States Navy. In the mid 40s' Mr. Baroody moved his family to the Washington area and was employed by the U. S. Veterans Administration Chief of Research in the Statistical Division. Upon leaving the government service he became Executive Secretary of the Committee on Economic Security of the United States Chamber of Commerce and in 1954 he became Executive Vice -President of the American Enterprise Institute for Public Policy Research. In 1962 he became President of A.E.I. and on July 1, 1978 he resigned as President to become Counselor and Chairman of the Development Committee. Mr. Baroody is Chairman of the Board of the Woodrow/Wilson International Center for scholars, Treasurer and a Trustee of the Institute for Social Science Research, a member of the Board of Overseers of the Hoover Institution, a member of the Executive Committee of the Center for Strategic and International Studies, a Trustee of Saint Anselms College, a member of the Board of Directors of Georgetown University, a member of the Advisory Council with College of Business in Virginia. Poly Technic Institute and I'm afraid I can't continue to read anymore or we are going to embarrass him, us and everybody else, because he is going to make all of us seem so insufficient. He is also Trustee of the Herbert Hoover Birthday Foundation, a member of the Board of Directors of the Near East Foundation, a member of the Board of Consultants of the National Award College, School of Theology of De Salle Graduate and on and on and on and on ana on and just let me say that I think the most important recognition that we should have is that he is the father of seven children at last count and the grandfather of thirty-seven or should I say the father of seven children, then at last count the grandfather of thirty-seven children. Mr. Baroody we would like to recognize you and would you please step forward, sir. Would you come around. There is the... it's my pleasure ladies and gentlemen to welcome this distinguished american and to present to him the keys of the City of Miami which of course, are a symbol of our recognition of a distinguished american who visits our City. (AT THIS TIME MAYOR FERRE PRESENTED MR. BAROODY THE KEYS TO THE CITY) Mayor Ferre: Ladies and gentlemen, I might share with you that the American Enterprise Institute... J. L., I want you to hear this. The American Enterprise Institute along with the Committee for the Caribbean and the Council of the Americas which of course, are two very prestigious organizations along with a... are sponsoring with the City of Miami the third Caribbean Conference which will be held here on the 28th day of November and we look forward to having you here again Mr. Baroody at that time. As you know we already have two head of States that have tentatively accepted being present. We might have a third and as you know there is a surprise in the making for the fourth. 28. CONTINUED DISCUSSION OF PROPOSED APPROPRIATIONS ORDINANCE FOR FISCAL YEAR 79-80; EMERGENCY ORDINANCE - FIRST READING ORDINANCE RE: PENSION. Mayor Ferre: Dr. Barry, my apologies for the interruption, I'm sure you understand. Dr. Barry: Yes, sir, of course. Mayor Ferre: Alright, why don't you proceed. S2 OCT 171979 Dr —Parry: Further areas in the printouts are still in the same condition as I brought up at this last hearing on the 27th of September. In fact the batch errors and other cumulative errors over a twelve month period some of which are negative expenditures in salaries in the various departments showing a remaining balance greater to be spent for the rest of the year than was originally appropriated cumulated into positive expenditure levels are still as far as the Accounting Department knows within the accuracy of the accounts. Mrs. Gordon: Dr. Barry, I suggest you wait for any further comments until we get the attention of the two principle to whom we are directing most of this. information. Dr. Barry: Alright. Mayor Ferre: Dr. Barry: would think they would be interestedin such matters. Alright, go ahead. Are you ready to continue? Mayor Ferre: Yes, sure:: Dr. Barry: Alright, further the bottom line for the general funds still is in a position of having an error somewhere in the neighborhood of twenty million dollars which is not just a simple; error that can be subtracted from the total general fund revenue picture, but is a cumulation of under reporting and over reporting, so that is a net figure and the full extent of error cannot be determined until the books are finally cleared up. In fact the situation is so bad today in the City's financial records that as of yesterday afternoon in the Budget Department and in the Accounting Department there was no basis for calculation of a fund balance in this City. I went to Budget yesterday afternoon, late yesterday afternoon and they said we haven't got any records to make any type of a prediction or estimation of what the fund balance is. Mrs. Gordon: Dr. Barry, I would ask you to wait until we have the attention of the Manager and the Mayor. Mr. Grassie? Would you repeat that last statement you made please? Dr. Barry: Well, I just stated; that I went to accounting yesterday and asked if they had any final calculation of a fund balance or final books for last year. They said "no , the calculation of fund balance was t'..e responsibility of Management and Budget". And quite naturally since they haven't got accurate records, they reported.. quite accurately and honestly as usual that they have not any basis whatsoever to begin to make an estimate of a fund balance left over from last year to be carried forward into this year. Again, the point being made that even as of seventeen days into the new fiscal year they have no accurate reports in this City in their accounts either revenues or expenditures for a period in excess of twelve months. Mrs. Gordon: Do you have any comments on that Mr. Grassie, that's under your role as an administrator of this City? Mr. Grassie: I would remind you of two things. One, that we have gone through this exercise. before and a year ago about this time we were talking about who's estimates vith regard to fund balance were going to be more correct. Now, Lyear later we have an outside CPA report which demonstrates that the Budget fice's estimate at that time a year ago was very accurate and this gentleman's estimate was approximately three hundred percent wrong. Now, all I can suggest to you is since he is simply talking about his opinion, that within the time prescribed by law which is a maximum of six months this City is going to have again a report from it's external auditors and I would suggest to you that again, it's going to turn out that the estimates that we are working with from the Budget Office are going to turn out to be virtually exactly correct, but we can only... Mrs. Cordon: Dr. Barry, will you answer that please? Dr. Barry: The one point I would like to make is that the issue, I believe you all recall two years ago was whether or not there was any alternative to Commissioners were the presentation made by the City Manager to the political representatives of this community that there was no alternative but to lay-off a hundred sixty-seven employees. That ,z..s the issue two years ago. In fact those employees where not laid -off and the dire predictions of bankrupcy by Mr. Grassie were not born out. Last year the issue was during the hearing that if the employees received their contractual wage increases and didn't yield on those wage increases, there would have to be lay-offs or again there g 1 i3 OCT 1 7 1979 would be_4r.,ending financial disaster for this City and is couldn't make it Maugh the budgetary year. Now, I'm saying to you and it's clear that there were not a hundred sixty-seven lay-offs two years ago, nor were there lay-offs last year and the predictions of the City Manager have never been born out since his arrival in this community. Mayor Ferre: Well,... ok, Dr. Barry, but you know, the Manager has to do his job in representing his posture as Manager, just like; you are doing your job as a political consultant representing Mrs. Gordon. I understand, you do your job and let him do his. Now, go ahead. Dr. Barry: That's exactly what I'm trying to do. Mayor Ferre: I'm going to let you do it. Dr. Barry: I'm complaining that in fact Mr. Ferre, that the records are no kept for twelve months, that is his job to keep accurate records, that's the point I'm making. Mayor Ferre: Well, hurry up and wind up your statement and -then .. we have to get along with the budget process. Dr. Barry: Mr. Ferre, you and I have always treated each other although we necessary haven't always agreed with a certain amount of respect. Mayor Ferre: Right, last time... Dr. Barry: Now, please, let's not turn this particular chamber amusement park. into an Mayor Ferre: No, I don't think we are doing that at this point Dr. Barry and you know, I know it sounds good to make a statement like that and I know that if you want to become political in your process beyond what you have already done, that's alright. Last time the courtesy that I extended to you lasted forty- five minutes and I want to tell you that this time it will not last forty-five minutes. Dr. Barry: Alright, sir, I will continue. Further, the statement was made that the auditors said it was alright, in fact the State law can be interpreted either way in terms of whether or the Florida Power and Light unappropriated funds were left separate from the general fund. And I called your attention to the management letter in the discussion which we had last year at this time and the question was raised to Mr. Knox, the City Attorney at that time and he was asked... Mrs. Gordon: What's wrong with the microphone, why is it going "on" and "off"? Dr. Barry: And he was asked is not this statement by the auditor tracking the State law, in fact the quote marks in the management letter and would this not indicate that this money had to be incorporated into the general fund? And Mr. Knox is here to contradict me if I'm wrong, but he said it would appear that would be the case. There was no equivocation in that particular management note. Finally, to get onto further things, the statement was made by the City Manager which is an error and contradicted by the external audit, by Peat, Marwick and Mitchell to the effect that the City has ninety days allowed to complete it's audit this year for this past year after the close of the books December 1st. In fact, if you will look on page seventeen in the notes of the financial statement for the twelve month old audit for the previous year, the most recent one available in this City. The note reads that the City has ninety days after the completion of it's fiscal year to complete the audit or run the risk of losing all State shared revenue funds. Now, ninety days after the end of the fiscal year is December 31st and he says the books are not going to be ready to be handed over to the Auditor according to the time table if they go according to the time table until December 1st after which time he just stated they will still have ninety days to complete their audit. They have thirty days after his plan is to hand the books over to the auditor, if everything is on schedule. And the State law is cited by Peat, Marwick and Mitchell that you run the risk of losing over twelve million dollars in State shared revenues if that is the case. And finally, I would like to get into the matter of the pension funding and I'm sure you all are familiar with the green book that covers the ordinances for the System and for the Retirement Plan. I would like to point out that in my opinion there is a compromization of a particular seriousness that's undergoing right now with the actuaries for the pension or a possibility of gl S4 OCT 1719/9 a comprn'L,i'ng of their independence, because the City is the one that must make the payments that are certified by the actuary to tiie Retirement Plan and the System and yet currently we have a situation and I have a copy of a letter from Mr. Gunderson to Edward H.Friend Company one of the actuaries, dated October 5th requesting that actuary to reconsider his actuarial assumptions and statement as to what should be the certified and proper level of funding for that particular portion of the Pension Systems here in this City. And all I can say to you is that it is apparent to me quite obvious that if a person who is a person who pays the bill for a pension writes a letter to an actuary and it says won't you change your recommended funding levels so I don't have to pay as much". What happens to the position of that actuary if that actuary issues a second report with changed assumptions and changed funding levels at the request of the person who is going to be billed for the particular benefit. In this case, the pension. How can that actuary justify either one of his studies as being certifiably correct or professional if in fact he changes in response to the City's request. In fact if you will look at the wording in the pension ordinances you will find quite clearly that the same language exist both in the Plan and the System and I quote. "The regular annual contribution by the City shall--- not a permissive may--- but shall be determined annually by actuarial valuations and on the basis of regular interest, mortality and such other tables and assumptions as are adopted by the Board". In the definition page, the Board means the Board of Trustees of that particular part of the pension. That is the body that determines what are going to be the actuarially assumptions under which the plan funding requirements are set. Not the Commission, not Mr. Grassie, Not Mr. Gunderson and personal recommendations. And I asked you to check with your own legal staff on that particular point. Further it goes on to say in both again, the System and the Plan on page forty or page ninety of that particular green book, depending on which part of the pension you are talking: about. And:I quote again, "The total amount payable by the City in each year on account of members and beneficiary shall not be less than the sum of the accrued liability contribution plus the normal contribution based on earnings of all members during the preceding year". Again, the use of the word "shall" not a permissive may. And what I want tr get to you is and this is a great concern to any great City like Miami, is that the proposal of a hundred percent cap on pension funding requirements violates the ordinances of the System and the Plan, because the System and Plan say "The Board shall set the actuarial assumptions which determine the actuarial funding levels from a independent actuary and the City shall pay the amount Prescribed by these independent actuaries. It doesn't say anything about ;paying five percent more than last year. In fact, underfunding the System ind the Plan by approximately five million dollars during the proposed fiscal year. So the budget document that has been prepared to you, I think by the City Manager is badly defective in a sense that it violates existing ordinances dealing with pensions in this great City. In fact, it's such a serious situation that it's recognized by Aetna Life Insurance in a request by Mr. Silver to Aetna to cover the Trustees of the System and the Plan for,. in this case the Plan for liability insurance in their activities and roles as fiduciary Trustees or their particular part of the pension and in answer to that the bonding Co. through ietna says back to Mr. Amao or to..'.Mr. Amoa right, Dade Underwriters. The bonding Co. Aetna Life says the following; "that only if the City has made arrangements to tund the full amount' set forth by the actuary as required will Aetna Life Insurance consider carrying liability insurance for the Trustees of your pension". If that full amount in other words, is not funded then, this, particular insurance company is not interested in offering fiduciary insurance to the Trustees of the Pension Plan. And because the City Cancelled the insurance policy for the Trustees of the Plan and the System when it went to self-insurance your trustees currently are in an awkward position, a very vunerable position of not having any insurance. And in fact it this budget is passed and you can check with the lawyers that represent the Plan and the System, but there will be recommendations made to the Trustees of those various organizations on Thursday and Friday of this week, they they have no alternative but to sue the City of Miami for the full amount due to the pension. Because their fiduciary responsibilities set forth in local laws require them to do that to protect the assets, because you know, in the Fire and Police pension half of what you pay for pension cost is because of shorting the pension system in terms of City contributions in the past. That passing on of underfunding, an underfunded liability from year to year which compounds because the assets are not in the portfolio of the pension and they are not earning more and more assets to pay off pension claims. So approximately half of what you put into the Fire and Police Plan every year goes to fund the unfunded liability and on the other hand if for the general employees plan you will only pay 8.67% of payroll into the general employees plan for pension benefits rather than the twenty-four percent or twenty-six percent if that plan... g1 S5 OCT 1 7 7979 Amur ar.a ti�ird if that plan were actuarial funded properly. And what I'm getting at is that this shorting of the Pension Plan by five million dollars in addition to be illegal which is something to check into with your staff, but in... I have heard testimony from the attorneys that represent the pension Trustees to this effect. In addition to being illegal it's compounding this problem because if you take five million out of that pension this year in terms of earning assets that's going to be five million plus the lost interest that other earnings that would have accrued to that five million during the year. Mayor Ferre: Dr. Barry, how much longer you think you will be in your statement? Mrs. Gordon: Mr. Ferre, this isn't a light matter this is a very serious matter. Mayor Ferre: I have asked... Mrs. Gordon, I respectfully submit to you that the Charter gives the Chair the authority to grant any speaker a time more than ten minutes. Dr. Barry has now been on for close to a half an hour, I have asked him a simple question. How much longer will you be Dr. Barry? Dr. Barry: Mr. Ferre, I would hope that you would entertain questions to me if you have any questions concerning what I have said. Mayor Ferre: Now, I have no questions to you Dr. Barry because I, after your statement the last time and again repeated that you are a political consultant, I assume that you testimony is political in nature. So finish... Dr. Barry: No, sir, my testimony is economic in nature. Mayor Ferre: Finish... Dr. Barry: That's the role I have always been before this Board with. Mayor Ferre: Well, you said... you told me in your own words a few minutes ago that you are a political consultant for Mrs. Gordon. Dr. Barry: No, sir, I did not say that, I am an economist, that's training I have. Mayor Ferre: Well, Mrs. Gordon, said that. Mrs. Gordon: Let me clear the record, you asked the question of where the money was coming from to pay him for the investigative work that he is performing for the benefit of you as well as the other Commissioners here and I told you where it was coming from. Now, don't take... turn the testimony into politics. The testimony is accurate, it's factual. The man is not being paid for his talents he is being paid only for expenses. So don't even think for a minute that you are not getting a free ride on this because you are. Mayor Ferre: Mrs. Gordon, I asked and you said into the record that he is a political consultant of yours. Now, let that record speak for itself. Mrs. Gordon: It's limited to investigating the financial structure of this City. Mayor Ferre: Alright, fine. But my question still remains Dr. Barry, how much longer do you have to speak? Dr. Barry: Mr. Ferre, I'm just on the verge of concluding what I have to say. Mayor Ferre: Alright, thank you, sir. Dr. Barry: But again, I hope that if you have any doubts about what I say, that this fact be fully explored because of the fact that the current budget document without flagging again, just like it didn't flag in the budgetary message from the City Manager. It didn't mention anything about the inaccuracy of the zero in the fund balance carry over. The zero that connoted a certain amount of content of quantity of none, when in fact they don't know whether it's plus five million or minus five million in the fund balance. And according to the City Manager they won't know for a period of approximately ninety days after December 1st whether or not that is a true figure or whether it's plus five million in terms of a surplus or minus five .million in terms of a deficit. Of course, if that does happen ninety days after gl S6 OCT 1 7 i i9 1 4) Decembpr 1st you will be subject to loss of your State Revenue Sharing Funds until the audit is completed. And secondly I would like to point out again, if I may that this document which has been presented to you also failed to point out that the hundred five percent funding proposal of the pension is an illegal level of funding. It violates the ordinances which you can find in the green book yourself that deal with the setting of actuarial assumptions and the setting of acturial burdens on the part of the City. And so what I want to say is that without a knowledge of the fund balance an important revenue source in the past of the City and without a legal document in terms of pension funding a very important expenditure item in this City. You have before you a document which represents a very high level of inaccuracy. Mayor Ferre: Alright, any questions? If not, thank you, very much Dr. Barry. ■ Mrs. Gordon: Is Mr. Gong hereby any chance or Mr. Silver? Mr. Knox, would you answer a question with relationship to the liability potential, liability of passing this budget with the one hundred five percent pension inclusion in it? Mr. Knox: Now,_I would prefer Mrs. Gordon, not to give you an off the top o my head answer, I can provide an answer to you in a very short while... Mrs. Gordon: short while? Ok, you.will provide it this afternoon? that what you said What short while are you talking about? try. If. the attorney who handles pension isinour office ableto provide an answer for you this afternoon. Alright, because 1 don't think that this... Oh, go ahead. 1 Mr. Knox: I'1 now, we will be Mrs. Gordon: J. L. Mr. Plummer: Mr. Knox, since you are going to research that question, I will have to admit to you that I think Dr. Barry has raised a very interesting point. I. always like to be comfortable with your opinic I refer to regular contributions by the City under 41-408 Section "C" and it states "The regular annual contribution by the City shall be determined annually by actuarial valuations and on the basis of regular interest mortality and such other tables and assumptions;; as adopted by the Board, by the Board". Now, Mr. Knox, I think that'. begs an answer. Mr. Knox:' Mr. Plummer:'=And..please, I am not... you know, I want. Mr. Grassie to have.. the right to respond as: well` as the', legal opinion, but I want ;the legal opinion first and you can do that later,on,ifyou wish.• Mr. Knox: Mayor Ferre: Further discussion? Alright, Mr. Plummer, you are recognized. Mr. Plummer: Alright, Mr. Mayor, first of all I don't apologize for missing the last meeting. I was ill as you know, I am sorry if it did and I know it did inconvenienced some people and I did not have the opportunity at that time to raise some questions about the budget which I had been afforded the opportunity, today. Mr. Mayor, one of the things that I wanted to bring out at the time, this City has always prided itself in a lot of life giving services. It is myopinion and knowing the little bit that I do, that I feel that this City is infact in need of a sixth rescue medical team and Mr. Mayor, I would propose at this time that the administration find the money to provide that for the coming year. Mrs. Gordon: I will second that motion, I'm totally in agreement with it. The necessity for having additional rescue services, absolutely essential. Mayor Ferro: Alright, Mr. Grassie, this matter was discussed between you and Mr. Mummer as I understand, so why don't you go ahead and express. Mr. Grassie: Well, the proposalis not in the budget now as you know. What I_ would suggest if you come to the policy position that you feel that, that should be incorporated in next years', budget, that you allow us some time to find the money and that at this tiiue that you go on record as that being your intent and that we... gl 37 UL 1 �7 A``,� C r Mayor Fern:: Plummer, ie that acceptable to you? Mr. Plummer: We find the money? "Yes". I don't expect the man to pull it out of the hat tomorrow, but you know it takes time for recruitment, it. takes time to sell the bonds to buy the equipment and I think it should dovetail hand in hand. Mayor Ferre: How much is that going to cost? Do you have a figure... rough estimate on that? Chief? Mr. Grassie: Well, for a full year of operation three thousand dollars. Mayor Ferre: Three hundred and what? Mr. Grassie: Three thousand dollars. Mrs. Gordon: Three. Mayor Ferre: Alright, there is a motion Yes, sir Mr. Grassie? Mr. Grassie; You are not committing rather to come back to you.:. Mayor Ferre: No, no, that's correct. Mr. Grassie: ... with an answer on finding it. Mayor Ferre: But I think this is a matter where this Commissionis going to go on record as taking that posture which means we are going to do. it. Alright, further discussion, call the roll. The following resolution was introduced by Commissioner Plummer, moved its adoption: RESOLUTION NO. 79-685 A RESOLUTION EXPRESSING THAT THE CITY COMMISSION INTENDS TO EXPAND THE CITY OF MIAMI'S RESCUE SERVICE BY ON UNIT; AND AUTHORIZING THE CITY MANAGER TO FIND THE MEANS OF FUNDING REQUIRED SALARY COSTS FROM THE GENERAL FUND. . (Here follows body of resolution, omitted here and in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution passed and adopted by the following vote: AYES: NOES: None. DISCUSSION CONTINUES: Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore R. Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre Mr. Plummer: Mr. Mayor, the next item which we are those meetings called? The workshop. Mr. Grassie: The budget workshops, yes. Mr. Plummer: Budget workshop. I didn't want to get in violation there. Mr. Mayor, was my interest as you will recall and concern in relation to publicity. I am still concerned as I expressed that I don't think anybody can blow our own horn like our own people. Well, I now have assurances from the City Manager that the additional monies that was requested had been adequately provided for in the budget. I would only ask at this time, Mr. Grassie, that you extend the courtesy to this Commission prior to making a final decision to discuss gl 38 OCT 171979 what your intent is with in relation to Publicity Department of the City of Miami. I want to express to you as I did and I will be very brief a possible. This City has started a lot of fine things that have brought nationwide publicity to this City. And I am just feared that if we were to release that to someone else that in fact they might not do justice to us. We have spent a lot of time and money in for example, the Champion Spark Plug Regatta and that thing has brought this City nationwide attention. I want to see that continued. The Boating of Americas Tournament that's held here every year. I think it is mandatory that we must keep this in house. All I'm asking and I hope I have the assurance, before anything is done to alter, not those who are voluntarily leaving to go to the County, they have done that on their own accord, but that any other changes before it is done or even really finalized that you will have some open and free discussion with this Commission. Mayor Ferre: Ok. Mr. Plummer: Mayor Ferre: Ok? Anything else? Mr. Plummer: We have addressed the problem of the lay-offs. 'Mr. Mayor,' would it be proper at... well, no it wouldn't.': I willhold that... alright. Alright, anything else? Mayor Ferre: Mr. Plummer:Yes. Mr. Knox, I meant to ask'a question based upon a question that was raised at the last Commission Meeting. I understand that Mrs. Gordon asked a question of the possible problem that'it might exist with she and I sitting as Commissioners and sitting as Chairman of these respective pension funds as far as my voting on here at this Commission. Is there a problem and I want your legal opinion on the record? Mr. Knox: It appears Commissioner Plummer, that the Charter provides that a Commissioner shall Chair each of those Boards and therefore, by the will of the people there is no conflict of interest whereyou sit as Commissioners and vote on those matters that come before you even though you are Chairpersons of the various Boards. Mr. Plummer: Alright, so your answer is; that I' have no voting? Mr. Knox: That's correct, sir. As a Commissioner? Mr. Plummer: Mr. Knox: s correct. problemorconflict o Mr. Plummer: Ok, because I in the past have exercised my independent judgement and voted one way at the lower level and one way differently here and I will continue to do such. Now, Mr. Grassie, in my estimation it's mandatory that this budget be passed today, alright. This City cannot continue people by negotiated are entitled to raises. It is keeping us in a state of flux, it's keeping you in a state of flux. But I think in my personal opinion that there have been some serious questions that are not answered in relation to pension. I have expounded my theories and I will continue to do so, but I do feel that there are some areas that have been raised that must be answered. Is it possible to pass the budget excluding pension from today's votes? O C t i iJ! y Mr. Grannie: ....Well we would not be able to exclude pensions in the sense of current funding of pensions. We would have to commit ourselves at least to the level of funding which is proposed. Which as you know, is in excess of $16,000,000. Now, what we could do is leave for a further decision, which is basically the decision that the City Commission took at its last meeting, leave for a further decision any increment or any addition that you would put on top of the basic 105% funding which is now in the budget. So, what I'm saying is you cannot not, in my estimation, postpone the basic funding which is $16,000,000 now in the budget, but you could postpone a decision on whether or not you are going to add to that basic funding. Mr. Plummer: Well, you see, you put me an impossible situation. You're putting me on the outside looking in, once that is done as I think Father. says. Mayor Ferre: No, because we're not determining now what that level is. going be. That can only be determined Trial study is. finished. Mr. Plummer: Well, let me understand then, now. Am the level of funding is not being determined today? Mr. Grassie: A minimum level of funding is being determined today because we are allocating over $16,500,000 I believe for the purpose of funding pensions... Mr. Plummer: Mr. Grassie: would add to What happens if the actuarial study comes` And if you decide to appropriate the the $16,000,000 another x million.: Mr. Lacasa: Mr. Grassie, do... Mr. Grassie: And you know, there is no difficulty, except a one obviously, there is no difficulty.in the;City Commission year at any time, making an additional supplementary payment the pension systems. Mr. Plummer: See, I've got...you know, sometimes I wish I didn't read English. You know, the way I read this thing, and Mr. Mayor, I would hope that you, as Mayor, would afford before the adoption of the budget, the opportunity of Mr. Knox to respond to my question because I've got to have an answer on that because if it is not the fact, then I cannot vote favorably. I want to tell you that. All I'm saying is Mr. Knox has indicated he can come back this afternoon with an answer. You cannot? Mr. Knox: No, sir. I can indicate to you again, in support of what the City Manager has indicated. Again, if whatever has been appropriated, this 105%, is adopted, there is nothing to preclude the City Commission either based upon the advise of counsel after I research all based upon actuarial studies to provide additional funding in excess of 105% as being appropriated in this budget. Mr. Plummer: I have to think about that. I'm finished with my question, Mr. Mayor. Mayor Ferre: All right, further discussion at this point? Mr. Ralph Parks: Mr. Mayor, before you get off the subject, may I be recognized for just one second? Mayor Ferre: Yes, air. Your name and address for the record. Mr. Parks: My name is Ralph Parks representing Council 79AFSCME. I wanted to speak to Mr. Plummer particularly about the answer Mr. Knox gave about the Charter calling for a City Commissioner. I think you'll find that's an ordinance. And it's only been in the last 5 years that a City Commissioner has sat on either pension board. 0 OCT 1T1919 Father Gibson: Mr. Mayor. Mayor Ferre: Father Gibson. Father Gibson: Mr. Mayor, I...I think I want to say this. 1 don't see 2 men present. I'm sorry they aren't here. MayorFerre: Lets take a 5 minute break now. I'm sorry. Commissioner Lacasa says he's got to leave right now so we have to... Mr. Lacasa: Mr. Mayor, there has been a motion. The motion has been properly seconded. There has been discussion. Unless there is anything else, I call the question. Mayor Ferre: All right. There's a move to call the question. Further...no I guess there is no discussion. All right, call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTE/IBER 30, 1980; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR FIFTH (4/5's) OF THE MEMBERS OF THE COMMISSION Was introduced by Commissioner Lacasa 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 Armando Lacasa leCommissioner (Rev.) Theodore R. Gibson **Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: ***Commissioner Rose Gordon ABSTAINING: None Whereupon the Commission on motion of Cotmuissi.oner Lacasa and scconded by Commissioner Gibson, adopted said Ordinance by the foll.owing AYES: Commissioner Armando Lacasa *Commissioner (Rev.) Theodore R. Gibson **Vice -mayor J• L. Plummer, Jr. Mayor Maurice A. Ferre NOES: ***Commissioner Rose Gordon _ ABSTAINING: None SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9000 The City Attorney read the ordinance into the public record and announced that copies were available to members of the City Commission and to the public. ON ROLL. CA1,14: Mrs. Gordon: Wait a minute. I was waiting for a legal opinion from Mr. Knox which he is to obtain from the attorney who is familiar with the pension ordinances. And we don't have that yet. Mr. Knox, you said to me you would have it this afternoon prior to the vote. 91 OCT 17IS19 Mt. Knox: Yeah, I just..iust one second... Mts. Gordon: He said he had to find out, he didn't know the answer. Mayor Ferre: Mrs. Gordon, about 5 or 10 minutes ago when,Mr. Plummer asked for the same thing you did, Mr. Knox said he Would not be able to have the answer today. Nov, we went through the discussion. Mt. Plummet has his problem, you have yours. The last time you abstained. We understand' Now Commissioner Lacasa, the maker of the motion, has called the question. And we are, therefore, in the middle of a roll call. Mrs. Gordon: Mr. Knox, did you say you wouldn't have it today, the answer? Mrs. Gordon: When would you have it? Mr. Knox: Tomorrow. Mrs. Gordon: That'd do a lot of good today. Mayor Ferre: Continue the roll call. Father Gibson: Mr. Mayor before we vote...I think we're voting on this budget? Mayor Ferre: That's right. *Father Gibson: I think that...I want to make this... I'm sorry, are you asking me to vote? Before I cast my vote, I want to apologize to those union people who said they were not a part of that agreement. I want to excuse them and I want them to excuse me. But I want to make sure they understand that I asked a group of union men there for an opinion So they are excluded and they are not a part of the memorandum that said they did. But based on what Theodore Gibson asked and what Theodore Gibson understood, meaning that I asked for the proper wording so that I could vote intelligently and past emotion, so that we could get to this point. I hope they will forgive me for having them included. However, what I wanted was done and I'm glad I did it, and I would to it again. And that's where we are. I vote for the motion. Mr. Plummer: Wait a minute. Mr. Mayor, I don't want to be the problem child but I have some problems. Mr. Mayor, with these questions unanswered, all right, I would beg the maker of the motion to separate the 2 items. And I can reflect my true feelings if you do such. Mayor Ferre: Can we do that legally? Mr. Plummer: Mrs. Gordon: Mr. Plummer: Mayor Ferre: Emergency Ordinance? Can we do that, Mr. Knox? I don't see why you can't. Do what, J.L.? Rose, to separate pension from the regular budget. Mr. Plummer: Can you do that? Mr. Knox: All...again, the question would .be whether that represents a material change. And if you're,sakingA.dolotion and not having previously voted on it, if your.conaidering it now A$ an emergency measure, as if you're considering it the tire( tiwoo and to the extent that you can make interlineation, there is no legal prohlew Attsecinted:: with separating it out. 92 OCT i71919 Mayor Ferre: O.k. All right. Then I would...as long as we can do it legally, then I have no problems and I would request the maker and the seconder of the motion to accept Plummets request. Mr. Lacasa 1 accept it. Mrs. Gordon: How much are you deleting? What are you deleting, mo rn specfically. Mr. Plummer: Rose, I'm separating the ... Mr. Lacasa: The pension from the rest. Mr. Plummer: I'm separating pension from the rsgualr budget. Mayor Ferre: Is that all right? Do you have any problems with that, Mr. Grassie? You're going to get...I would imagine the same vote... Mr. Grassie: Yeah, we will have a mechanical problem but 1 guess if that's the best we can do... Mayor Ferre: 0.k. All right. Then the motion is, therefore, made Cotnmissioner Lacasa, if I understood Plummer properly and your acceptance and Father Gibson s accePtance...I don't know. Do you accept that? Father Gibson: INAUDIBLE Mayor Ferre: He says what he wants to do legally is to separate the... that Portion dealing with the pension. Mr. Plummer: Let me be right up front, Maurice, all right? I want the budget to pass so this City can operate. I cannot vote with the pension as proposed. Now, if you don't do it...if you don't do it, Father, you're not going to pass the budget on an emergency basis. Father Gibson: All right, lets...Mr. Grassie, I want to make sure I understand it. You know, all this jockying doesn't make sense to me. We can vote...I want to keep faith with those men over there that I said, I want them to get their money. Now I want everybody to understand this now. I'm not concerned about no terminology. My mind is clear. I want them to get that money because I don't want them to be able to say later on we didn't come up with the money as promised. Now, if what we're going to do will give them their money, and then if you want to deal with that other business about the pension later and it doesn't affect....I understand. All right, now. where...where are those folks because, you know, I don't like people to look at me later on and say, man you're a liar. Where are you. Let me look up here. Sir, you, and you and you. You all were up there. I want you to get your money, that's all I'm interested in. And I...you know, like your federal money business and then we could deal with that. That doesn't affect our trust. Is that right. Plummer seems to think that's all right. O.k.? I just want to make sure everybody understands. Mayor Ferre: Mr. Knox, lets go over this again. Mr. Lacasa moves item number 1 minus that portion dealing with the pension. Mr. Knox: All right. It appears on page 4 of the proposed ordinance that therv's an appropriation for pension under Trust and Agency Funds in the amount of $16,755,000. Mayor Ferre: That portion will be struck form the ordinance and then there will be a second motion to...as a separate item on that portion, number 4. Mt.:;,RtOX.A1.1::.tighti,:now, you can do it in one or two ways. You can either allow Ut:tiMe to draft and ordinance which would indicate this. BUtaiaini::baSed on the ..answers to the questions that have been posed, this figure maybe different. 93 OCT 1 7 1919 Mr. Plummer: Mayor Ferre: an emergency INAUDIBLE COMMENT OFF THE PUBLIC RECORD It's going to be right now, We're going to have this as ordinance, so you would have two readings. Mrs. Gordon: Mr. Ferre, I'd suggest thatthia item be tabled and that we take this up at a special meeting and you do some legal investigation` of it, because I think what you're doingis totally: an illegal procedure. Mr. Plummer: Let me ask; this Mr ..Mr. Mayor Ferre: Wait...I can't under the procedures, if she...we have an open situation because the motion was withdrawn in the middle of a reading, which is in itself illegal. But lets waive that portion of it. She's made a motion to table... Mrs. Gordon: I didn't make a motion, I asked a question if it would be better for this Commission to take this thing up in a proper way with legal counsel here, who have the proper answers and not off the cuff answers. Mr. Knox himself admitted a little while ago he wasn't prepared with an answer. And you're doing...you're playing with $125,000,000 budget like you would be playing chess. Mayor Ferre: Look, I'm perfectly willing to keep on calling the roll on the original motion, as is. I'm doing this out of deference to Mr. Plummer. If we start playing games, and I understand games too, then I'm going to tell you that I'm just going to continue on the roll call and then we just go back to where we were. Now, I'm willing to play it that way too. Mr. Plummer: Then let me ask this question. Mr. Mayor, I hope you don't have any feeling that I'm playing games. All right, that's first. Mayor Ferre: No, no. Mr. Plummer, I'm not talking about you. Mr. Plummer: Second of all, Mr. Mayor, I have fully expounded my problems with pension. If you wish, Mr. Mayor, to proceed, I can tell you, as I sense the feeling of this Commission, you will not pass it today on an emergency basis. Mayor Ferre: I understand that. Mr. Plummer: Then I must ask for the sake of the City, when would the second reading be? Mayor Ferre: Mr. Plummer, let me reiterate to you where we are. Mr. Lacasa made a motion and Father Gibson seconded it. In the same way that they had done it previously. We were in the middle of taking a roll. The roll was begun. Lacasa voted yes, Father Gibson made a declaratory statement and voted yes. And that point, you said, wait a minute, I've got a problem, can you separate these things? Had...had the vote continued from what you say, I assume that you would have voted no, and Mrs. Gordon would have probably abstained, which is what she did last time, or voted no, and I would have voted yes, and I'm...Mr. Plummer, this has already passed on first reading, once. .. Mr. Plummer: Mayor Ferre: Mrs Gordon: in there. Oh, were into a different... This is the second reading... It's a different budget. Even the amounts are different Mayor Ferre: Now, the other way of doing is, is by passing it on an emergency basis. That will require 4/5ths vote. in order to accomodate your problem, I'm willing to do it but it has to be done today. We cannot meet tomorrow or Friday or some... 94 OCT 171979 Mr. Plummer:'. This is a second Mayor'Ferrei Mr. Plummer: Oh, then do as you wish, I'm sorry.:' Mayor Ferre: All right, now if that meets with your approval then. I'm prefectly willing to reverse this whole thing, and"we`go back to the process where we delete Section 4, read theordinance, approve it on first and second reading, and,,then':make a'' motion for'item 4, on first reading and we'll see' what; happens on it. Mr. Plummer: Well, if what you're saying is today is second reading... Mayor Ferre: No, I'm saying that this is an etnergency reading on item number 1 which is the appropriations for the fiscal year ending September 30th,,1970...minus Section'4. Mr. Plummer: Are you then saying that you as Mayor, would second vote today? Mayor Mrs. "Gordon: I'm going to ask a question then for is it that You Passed a couple of weeks ago? Mayor Ferre: Mr. Knox: A couple of weeks ago an ordinance was; passed on first reading, which at that time included an appropriation for; pension. ``Today, you are considering an emergency ordinance which relates to the same subject matter. And as an alternative you have been invited to consider an emergency ordinance which deletes appropriations for pension as it' appeared in Section 4 of...of the ordinance. And it merely involves a lining through or whiting out of the appropriation for pension. Mayor Ferre: All right, now... Mr. Knox: And if you consider it as an emergency measure then you are considering it as if it were first or second reading. Mrs. Gordon: Has it been advertised that wa Mayor Ferre: This is the legal procedure since.we passed a budget on first reading. And this is the second„time"this matter comes up. Because of the way the law reads, if we pass it as"an-:emergency item, now follow me, Plummer? Plummer. If we pass it as"an'emergency'item, it becomes effective today. If that does':not happen, then we'll revert to the second reading and therefore, become the law 30 days after. Is that correct, Mr.;Knox? Would you...since I;assume it would pass on a 3/5ths basis. Mr. Knox: Yes, sir. And it would take effect 30 days from today. Mayor Ferre: That's the way...that's where we are: Mrs. Gordon: Another -question is whetheror not. you have' -to -have it..has a first reading today because of the changes in the'General Fund'being,", increased by, the amounts that were added to it from the'FPand L funds.,;;. That was already; incorporated into Mayor Ferre: Mrs. Gordon: No,.it was not. the first ordinance. Mayor Ferre: I disagree,it was. Mr. Howard Gary, into'; the record. Mrs.' Gordon:. We]l ,T.'11 show itto>you. 95 OCT 1 7 19 Mr. Gary: The figures that you have in the emergency ordinance is the... are the same figures that you had in the ordinance you passed on first reading. Mayor Ferre: Thank you, sir.' Mrs. Gordon: Mr. Gary, I'll refer you to the page'4 ofthe budget. Are you saying that what they passed two weeks ago is not the same as what was in the budget? Mr. Gary: Commissioner Gordon, before you considered the budget at the last hearing, there was a motion by the Mayor, seconded and approved to. use FP and L to substitute for scale fees, to add to social service programs, as well as to add the 33 cops. That was a condition for the passing of the budget. We made those changes to the ordinance, we gave it to you and you passed it on first reading. Mayor Ferre: Thank you, sir. Now... Father Gibson: Then all we have to do is pass the budget and then, what you're saying is, if 3 of us, vote for it, it won't be effective until 30 days from now Mayor Ferre: That's why we peed Father Gibson: And.. vote. .and to. avoid waiting 30 days is to get a 4/5ths Mayor Ferre: Precisely. Father Gibson: Now, let me tell you something. I am not going to walk out of this room today, not keep my word to those people that they ought to proceed, you know, to get their money man. Cause I work for a salary and I want my money when I get through working. Now, you know... I just can't afford to wait no longer because I promised. Do you have any problem...don't you want to keep my promise? Mr. Grassie: I wonder if, Mr. Mayor, whether it might accomplish what Commissioner Gibson is talking about, if you could revert to the plan of adopting, on an emergency basis, the budget without the pension consideration... Mayor Ferre: Mr. Grassie: thing. Mayor Ferre: That's what I'm trying to do. And then bring up the pension consideration That's exactly what I've said Mr. Lacasa: 0.k. then I move. Mayor Ferre:`, Father Gibson: Mr. Lacasa: Commission Lacasa... So withdraw your motion. I withdrew and then I moved. Mayor Ferre: All right, Commissioner Lacasa moves, do you second? Father Gibson: Yes, sir. Mayor Ferre: All right, Father Gibson seconds an ordinance making appropriations for the fiscal year ending September 30th, 1980 containing a repealer provision and a severability clause. It is before you minus'' Section 4. Is that correct? OCT `17 1979 Mr. Grassi.e: As it relates to pension. Mr. Knox: As it relates to pension. Mayor Ferre: As it relates to pensions. Is that correct? Mr. Knox: Yes, sir. Mayor Ferre: Is there further disucssion? Call the roll, please. • Father Gibson: I hope you all heard what was said. Now don't come • tell me later on you didn't hear. You heard what was said? All right. Mayor Ferre: Call the roll. Let the record reflect that all members of the Commission and the public have copies of this ordinance before Mrs. Gordon: Mr. Knox, let the record also reflect .me no vote.-. Relfect that this budget is a fantasy based upon no. accurate' -.information being, supplied to the Budget Department ,by. the Finance Department... Mayor Ferrer Mr. Knox, is there any further legal clarification. The ordinance is read." I 'Made the 'statement and roll called- was called:. . . Mr. Knox: Yes, sir. Budget has been adopted. Mayor Ferre: All right, now is there a motion to Section 4 dealing with the pension portion provision? Mayor Ferre: All right, it's been properly moved by Lacasa... Father Gibson: Second. Mayor Ferre: There is a -secondby- Father Gibson. Now this is in the form of the ordinance which is an ordinance making appropriations for the fiscal year ending September'30th, 1980 containing a repealer provision and a severability clause which is that portion dealing with Section 4 and the pension fund. Further discussion? Mr. Plummer: Under discussion. Mayor, I feel obligated to put on the record, and I make no bones about it. First of all, I feel that there are some seriousAuestions...have been raised. These questions go unanswered. Second of all, Mr. Mayor, I have said before, I shall say again, when you hire an employee you make a contractual agreement with that employee, that if that employee plays by the rules that the rules that you set forth will apply as is if he will apply. I feel for people who have devoted their lifetimes to this City, they have played by the rules. And ,I, think for. this City to change those rules at this time, is not keeping your contract nor your word with those people who you have asked to keep their Word. - MaYr Further Call the roll. • • . , , , ,. • . Mrs. Gordon: I have discussion. • • ttiyor 17erre: Yes. Mrs. Gordon: And that is that there is no mention of 105% cap such as proposed by the City Manager in his budget message and the proposed budget. Mr. Grassie is, therefore, reconunending...and you're recommending rills, Mr. Grassie, aren't you? Mayor Ferre: You're putting words in this mouth again. :17 OCT I 7 19/9 •Mrs. Gordon: Are you recommending the 105% cap? Mr. Grassie: What I'm recommending, Commissioner is. that be funded that the level indicated in the budget, which is excess of $16,000,000. Mrs. Gordon: Are you recommending the 105% procedure? Mr. Grassie: Commissioner... Mrs. Gordon: It would be nice if you answered a question Mr. Grassie. Mayor Ferre: It would be nice if you asked Mr. Grassie: Commissioner, you have the prerogative but I hope not of giving my answers. Mrs. Gordon: No, I'm not giving your answer. answer once in a while. Mayor Ferre: Stop being childish, Mrs. Gordon. Mr. Grassie: Commissioner, the 105% figure that you are using is simply a mathmatical way of arriving at a budget figure. The budget results of that calcu... Mrs. Gordon: Are you...the answer is yes, then. asked you about the calculation being based upon the total is, I can read that. Mr. Grassie: Maybe you can give my answers. Mrs. Gordon: Your answer is yes... Mayor Ferre: Well... Mrs. Gordon: In that case, I'm saying that you are recommending an illegal budget for this Commission to approve and if the Commission approves it, they are approving an illegal procedure flying right in the face of our own ordinances, 22-30, as amended and 56-24 as amended. And I shall read it into the record. "The regular annual contribution by the City shall be determined annually by actuarial evaluation and on the basis of regular interest, mortality and such other tables and assumptions as are adopted by the board." And in case you don't know what the board is and you think you might be a board, I'll read it to you. "The board shall mean the Retirement Board of the Retirement System provided in Section 41-405 to administer the Retirement System. Mayor Ferre: Further discussion? Call the roll. Mr. Plummer: Yes, no. Further discussion. Mr. Gunderson, through Mr. Grassie. Even though you know I'm voting negatively, Mr. Gunderson, I want it repeated, that statement that you made at the Pension Board when you were nice enough to come there and explain what your procedure was. The question was proffered to you there and I'm proffering it to you here now and I want it on the record. That at this time, nor do you have plans at any time in the near future, to reduce benefits. Mr. Gunderson: At that time, when you asked me that question, I said that there are a spectrum of events and choices that are available to both boards. That within that spectrum the availability of reducing benefits is one of them but that was not what I was addressing. At that particular point I was addressing the question of the assumptions. One particular assumption was the interest earning assumption. The boards have subsequently....the actuary has subsequently come back to us in a letter and said that that actuarial assumption can be changed and he would recommend it. OCT 1 7 1979 Is that it? I only 105% cap. Not what Mr. E'l.tinurier: But you do not contemplate the change of benefits at this time? Mr. Gunderson: No. Mrs. Gordon: Have you furnished anybody with a copy of the letter you're talking about? Mr. Gunderson: Oh, yes. Every member of the Plan Board received it. Mayor Ferre: All right, call the roll. Unidentified Speaker: Sir, Mr. I'laY°r• Mayor Ferre: Please, call the roll. Unidentified Speaker: Mr. Mayor, I'd like to speak. Mayor Ferre: Call the roll. Unidentified Speaker: Mr. Plutarner asked a question... Mrs. Gordon: And I'm asking the question too. Mayor Ferre: Mr. Lacasa just called the question. Call the roll. Mrs. Gordon: Then call the roll on the question that! so you'll know whether we approve of him calling the question. Mayor Ferre: All right, this is aroll call on the calling of the question. Do you understand the procedure? Call....thie have to call a roll, call on calling of the question. WHEREUPON the NOES: City Commission decided to Commissioner (Rev.) Theodore R. Gibson -' ' • Mayor Maurice Maurice A. Ferre • • Commissioner Rose Gordon *Vice -Mayor J. L. Plummer, Jr. ON:••ROLLI•CALL-.CALLING THE QUESTION • •- • *Mr. Plummer: I've , • . felt•::-• that to speak. 1 vote no. --•.• • • • ••--- •-•-• .-•••• DISCUSSION ON MAIN ISSUED RESUMED Mayor Ferre: Now, call the question. (CONTINUED ON NEXT PAGE) UC1 • r 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 DEPARTMENTS, BOARDS, AND OFFICES OF THE CITY OF MIAMI IN THE AMOUNT OF $16,755,336; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE Was introduced by Commissioner Lacasa and seconded by Commissioner Gibson and passed on its first reading by title by ...........::::.. following vote: AYES: Commissioner (Rev.) Theodore R. Gibson, Commissioner Armando Lacasa **Mayor Maurice A. Ferre Commissioner Rose Gordon *Vice -Mayor J. L. Plummer, Jr. ABSTAINING: None The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ON THE ROLL CALL *Mr. Plummer: As it relates to pension? The answer...as I stated before, there are too many unanswered questions. I vote no. **Mayor Ferre: I made my statement into the record last time. still remains. I vote yes. It 29. EMERGENCY ORDINANCE: MILLAGE ORDINANCE, DEFINE TrAnI 'ORI7 L LIMITS OF THE CITY OF MIAMI AND FIX MILLAGE Mayor Ferre: We have item number 2 before us on an emergency...Plummer, you don't have any problem with this do you? Number 2, defining the territirial limits of the City of... Mr. Plummer: It's mechanical. Mayor Ferre: The City of Miami for purposes of taxation. A11 right... Mr. Lacasa: I move. Mayor Ferre: Moved by Lacasa. Father Gibson:- Second. Mayor, Ferre: Gibson seconds. Further discussion? Read item number OCT 1719/9 AN ORDINANCE ENTITLED-: AN EMERGENCY ORDINANCE DEFINING AND DESIGNATING+ THE TERRITORIAL LIMITS OF THE CITY OF MIAMI FOR THE PURPOSE OF TAXATION; FIXING THE MILLAGE AND; LEVYING TAXES IN THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1979, AND ENDING SEPTEMBER 30, 1980; CONTAINING A SEVERABILITY CLAUSE Was introduced by Commissioner Lacasa and seconded 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:. NOES: ABSENT: None Commissioner Armando Lacasa Commissioner (Rev.) Theodore R. Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre None Commissioner Rose Gordon ABSTAINING Whereupon. The. Commission on motion of Commissioner.Lacasa' and -:seconded by' Commissioner'Gibson, adopted said:Ordinance by the following' -vote. AYES: NOES: None ABSENT: ABSTAINING Commissioner :(Rev.) Theodore R.Gib4soii Vice' -Mayor J..L 'Plummer, Jr. Commissioner Armando Lacasa *Mayor; Maurice A. ' Ferre ' None.. oxnxnissioner Rose Gordon SAID ORDINANCE >WAS ;;DESIGNATED EMERGENCY ORDINANCE.NO.:,9001 The.City Attorney read,the ordinance into the public record and announced that copies were available to members of -the dity Commission; and to the public. ON THE ROLL CALL *Mayor Ferre: I vote yes. Let the record reflect that all members of the Commission, the public have copies of this emergency ordinance before them. 30. SECOND READING ORDINANCE: SUBSTITUTE NET § 39-6 OF Tar CODE, NA11i, "COCONUT GROVE EXHIBITION CENTER", INCREASE FEES FOR USE OF MUNICIPAL AUDITORIUM AIID COCONUT GROVE EXIIIEITIOiT CEN= Mayor Ferre: All right, we're now on item number 12... Mrs. Gordon: May I ask a question of Mr. Knox? 101 OCT 17156 Mayor Ferre: Yes. Mrs. Gordon: Mr. Knox, when you called me. Mayor Ferre: Into the Mrs. Gordon:. INAUDIBLE record please, Mrs. Cordon. Mayor Ferrer No, into the record," Mrs. Gordon: Calling the question, does it require a 2/3rds vote, when you call the question on the question? Are you sure? Robert says majority vote. Making... Mayor Ferre: All right, take up item number 12. An ordinance on second reading repealing Section 39-6, procedures and use charges of Municipal Auditorium. Sir, does Father Gibson want to move that again? Father Gibson: Yes, sir. Mayor Ferre: All right, Plummer Mr. Plummer: Yes. Mayor Ferre: All right, it's been moved and seconded. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE REPEALING SECTION 36-6 OF THE CODE OF THE CITY OF MIAMI, AS'AMENDED, IN ITS ENTIRETY, WHICH PERTAINS TO PROCEDURES AND USE CHARGES AT MUNICIPAL AUDITORIUM AND DINNER KEY RECREATION CENTER/EXHIBITION HALL AND SUBSTITUTING A NEW SECTION 39-6 BY REQUIRING PROSPECTIVE USERS TO PAY A CASH RESERVATION DEPOSIT EQUAL TO 10% OF THE BASIC USE FEE WITHIN 10 WORKING DAYS FROM THE DATE OF BEING SENT CONFIRMATION THAT A RESERVATION OF DATE(S) HAS BEEN MADE; ESTABLISHING A 50% ADVANCE PAYMENT REQUIREMENT WITH A FORFEITURE PROVISION: IDENTIFYING THE DINNER KEY RECREATION CENTER/EXHIBITION HALL AS "COCONUT GROVE EXHIBITION CENTER"; BY INCREASING SPECIFIED FEES FOR USE OF VARIOUS AREAS WITHIN THE AUDITORIUMS, AND FURTHER INCREASING CERTAIN SPECIFIED FEES DETERMINED BY THE TYPE OF EVENT BEING HELD; BY ESTABLISHING SETUP COSTS FOR LABOR AND MOVE -IN AND MOVE -OUT FEES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE Passed on its first reading by title at the meeting of September 27th, 1979 was taken up for its second and final reading by title and adoption. On motion of Commissioner Gibson, seconded by Commissioner Plummer, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: NOES: None ABSENT: Commissioner (Rev.) Theodore R. Gibson Vice -Mayor J. L. Plumper, Jr. Mayor Maurice A. Ferre Commissioner Rose Gordon Commissioner Armando Lacasa THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9002 The City Attorney read the Ordinance into the public record and announced that copies were available to the members of the Commission and to the public. 102 OCT 171979 31. APPROVE OCTOBER 15, 1979 OFFICIAL STATEP'ENT FOR $6,750,000 BONDS OF THE CITY OF I'_IAMI, FLORIDA DATED NOVEL..".BER 1, 1979 Mayor Ferre: You've got item number ...you've got item number 25, the resolution approving October 15th Official Statement for the bonds for the City of Miami, Florida, dated so on and so forth... Father Gibson: Move. Moved by Gibson. Mayor Ferre: Mr. Plummer On 13? Mayor Ferre: 25, sir. Item 25 Mr. Plummer.: econd Mayor ,Ferres` been moved ,and "secondec Further discussion? Call the roll on'item.25. The'following resolution was'. introduced b.y- Commissioner Gibson, who tnoved its adoption RESOLUTION'NO.79-686 RESOLUTION APPROVING -THE OCTOBER.15,19.79:; OFFICIAL STATEMENT 'FOR• THE $6, 750000 . BONDS OF THE CITY. OF MIAMI,';;FLORIDA' DATED NOVEMBER 1, 1979' (Here follows' body -of. resolution, omitted here and on file in.the' Office'.` of .the City` Clerk) Upon being seconded by -;Commissioner 'Plumiaer, .the; resolution was :passed - and adopted by' the .,following �vote:: AYES: 'NOES: ommissioner (Rev.");Theodore ;R Gibson Vice -Mayor -J. L. 'P,luminer, . Jr. Mayor Maurice A. Ferre Commissioner Rose Gordon ABSENT: Commissioner Armando Lacasa FIX CET TAI11 DETAILS CONCERNING $3,000,000 SAINITARY 32. SE.JLR SYSTEM BONDS, $1,750,000 FIRE FIGY_TIHG, II1;^ PREVENTION AUD RESCUE FACILITIES BONDS AND $2 000 000 STORM SEWER I?1PROVE*TENT BONDS AND .. li , C G . T.TsT 4 Mayor Ferre: Take up item 26. Mr. Plummer: Move it. 103//0y OCT 1 1 iy�y 0 Lk Mayor Ferre: :Moved by Plumnter-.. Father :Gibson: Second. Mayor Ferre: Second by Gibson.e,Furtb,er cussion? Call the roll w On item 26. 're on 26. Mrs. Gordon: Just a moment, would you hold,. the rollcall until I get my agenda? Which one are you on? Mayor Ferre: 26. Mrs. this nason5. Gordon:'d:Ihave sotne very definite questions on and i Mayor Ferre:Continue calling the roll call. e started that procedure. Mrs. Gordon:, I'm sorry Mr. Mayor, I have questions that are of prime importance. Mayor Ferre: You ir hae...once the ro1.1 call. begins, the-, roll call cooti.fi ues. Continue calling the roll. Mrs. Gordon: The rol]. call is continuing, but 1 ani not iri the position to answer my roll call unti]. 1 ask the question relative to the inatter. Mayor Ferre: Then vote no, Mrs. Gordon. Mrs. Gordon: Don't tell nie how to vote, Mr. Ferre. Mayor Ferre: Continue the roll call. The foliowing resolution was introduced by • . • Oved ..it s adoption: RESOLUTION NO.79-687 A RESOLUTION FIXING CERTAIN DETAILS CONCERNING $3,000,000 SANITARY SEWER SYSTEM BONDS, $1,750,000 FIRE FIGHTING FIRE PREVENTION AND RESCUE FACILITIES .-, .. BONDS AND $2,000,000 STORM SEWER IMPROVEMENT BONDS OF THE CITY OF MIAMI, ,. FLORIDA, AND DIRECTING PUBLICATION OF NOTICE OF SALE OF SAID BONDS (Here follows body of resolution, omitted, here and on file in the Office of the City Clerk). ,. Upon being seconded by Comtnissioner Gibson, the . resolution was passed and adoptedby. the following vote:, - , AYES:. ' Vice-Mayor..1...1.. Plummer, Jr. Mayor -Maurice A. Ferre . ,. . , . Commissioner. (Rev.) Theodore R. Gibson , ..• - . -,... . - , . . . - . . . . NOES: *Commissioner Rose Gordon COMMENTS ON THE ABOVE: Mrs. Gordon: I will now make my statements. Mr. Grassie... 1.05 OCT 1 7 1979 Mayor questions, ',Mrs Gordon.. Gordon:Mrs. . Don't tell Me, I'm not going to ask ' • '• . Mayor Ferre' We are in roll call 'You'are oUt of order. Yot: can vote, you can Make a' statement. , - • . MrS. Cordon 1 will oakthe questions I :desire to have answers to 'es° I stay properly answer the... ' • - , _ : . Mayor Ferre : No, ,ma'atti you may not. Mr. Knox, or Mr AIvar,ez, the Charter says thatthe:Chairmart of this -,Board, theMayor., once a roll call begins, it cannot be interrupted ' for,.v extraneous rtiatter.s. Now,* Mrs. Gordon was out of 'the, room, that's herproblem. We are in the middle of a roll .call . . She can make a statement but not ask question. Now, your staterrient. Mrs. Gordon: I'm stating that there are matters in this prospectus which have been withheld which are of prime importance in disclosing it. And is contrary to the SEC rules to withhold information. And you are a party to it if you don't let me ask these questions. Mayor Ferre: Hold your press conference after. Mrs. Gordon: Mr. Grassie, will you answer a question? Mayor 'Ferrel. Mr. Grassie.,,:you are instructed by the Chair,'., , . . not t.o -anawer any qUestiotts. You are out of order. We _ . , „ • , arein:the-,middle' of call. Make your statement an _ . make-: your -vote.- '.You -can have your press conference • - . Mia',;:,.GOrdon. Allright, continue the roll call. Mrs. Gordon: I didn't answer you yet. Will you wait until I.m,..ready to give you an answer? There are about 4 pages of exclusions of vital information in this prospectus. One of those things is there is no mention of the pension funding 'as it is presently being proposed by this Commission. That is being withheld and that information is vital. Mr. Grassie cannot answer the question but the question that I would have posed to him was, would he and Mr. Gunderson state that at this time that the closing certificate on page 36 is accurate and true. I believe that if he were permitted to answer that question he would have to say that there are matters which have been withheld from this prospective which would not allow him to answer that affirmatively. It would be noteworthy to state that the language on page 36 of this prospectus tracks the Securities Act of 1933, as amended, which establishes the Securities and Exchange Commission, for example, in Section 24 of this act, which establishes the penalties, it states, "Any person who wilfully violates the provision or makes any untrue statement of a material fact, or mistate any material fact, shall upon conviction be fined not more than $10,000 or imprisoned not more than 5 years, or both." And in Section 10(b) of the Securities Act of 1933 it states, "The Commission may at anytime issue an order preventing or suspending the use of a prospectus permitted under this sub -section 6. If it has reason to believe that such prospectus indicates any untrue statement of a material fact or omitts to state any material fact required to be stated therein, or necessary to make .the statements therein, in thelight of the circumstances under which such prospectus is or is to be used and is not misleading." The material facts chosen for inclusion by the Manager, Finance Director, includes such 106 OCT 1 7 1979 a details as the Port of Miami tonnage, cargo revenue, passenger count for the last 28 years. The passenger count and cargo poundage, and airmail Poundage in Miami International Airport for 28 years. Water, telephone, electricity usage and post office receipts sin" 1950. All of these data cover Dade County at large. However, while the accounting basis for the various funds and the annual passing of a budget by October 1 of each year are mentioned on page 30 of the prospectus. There is no mention of the fact that there were no accurate revenue or expenditure summaries for the City for all of fiscal 1979. As a result, City management admitted under my examination that it had no estimate of the fund balance carried forward from fiscal 1979 to fiscal 1980. Also this years budget proposal was generated without any experienced data on actual costs and revenues in 1979 to use as the base for 1980 projection. Don't you think these are material facts, Mr. Grassie? And that their omission constitutes deception? You deceived the Commission and the Miami citizens and now you are endangering our hard earned bond ratings by your gross mismanagement. Not to say the SEC violations. These material facts must be included on page 30. Also, on page 30 you mention an annual audit as a requirement but you failed to -mention the material fact that the records of the City we in such abysmal shape that the audit was finalized nearly 9 months after the 90 day time limit said in the contract with Peat, Marwick, and Mitchell. More important to a bond prospectus, however, is the warning on page 71 of the 9-30-78 audit under new state lnw. If the audit takes more than 90 days to complete, the staL, may withhold State Revenue Sharing funds or an estimated $13,400,000 in fiscal year 1980. Don't you think that the omission on information on the audit delay in fiscal year 1978, especially in light of the further erosion in available records as discussed above ,in fiscal year 1979 and the possible cutoff in state funds in fiscA1 year 1980 represents the omission of a material fact. These material facts must be mentioned on page 30. On page 33, and 34, of this prospectus you discuss in great detail, the actuarial assumptions of the Retirement System and Plan. You also state Page 34, that the City's contribution is determined annually by the actuaries in keeping with local law. However, you fail to mention your own proposal to violate this legal requirement in your proposed budget for fiscal year 1980. For example, on pages 2 of your budget message dated 9725-79, You, Mr. Grassie, state, "It is assumed that the current pension cost will be restricted to a 5% increase as compared to the proposed increase of 38." As you know, this so called proposed increase was the amount determined by the actuaries as required for legal funding. Your bond prospectus still states that the actuary set the contribution rate as is required in local pension ordinances, as I stated before. Don't you think that purposeful and illegal underfunding of the pension by $5,000,000 in this years budget is a material fact omitted from the prospectus? You must know that the trustees must sue the City, I assume, for the $5,000,000 if the illegal budget is passed. You are mortgaging our future. This type of irresponsible pension underfunding led to our pension problems because you are transitory, NI and others plan to be here in the future., The seriousness of this matter is evidenced by Aetna Life and Casualty's response to a request for insurance to cover the personal liability exposure for Plan and System trustees. In short, Aetna was only interested in binding coverage if the City had plans to fund the full sum determined by the actuaries, and not you, Mr. Grassie's 5% increase over 1979. There 107 OCT i 191b are numerous omissions of material facts, such as the failure to mention that the Gates case, which was a recent decision of the courts, pension law suit resulted in a $2,000,000 judgment against the City. And on pages 65 and 66 of the bond prospectus, the City Attorney cited as of the opinion, that that case will not result in the City paying any money judgment. In conclusion, this great City has worked hard to earn the bond ratings boasted about on page 3 of the budget message in the proposed budget. And I'm not going to blindly pass the patently defective and incomplete bond prospectus to prop up your mismanagement, in the short run, and by so doing, endanger or destroy our bond ratings in the future. The issue is compliance with Federal law, also local laws. We do not need omission of facts in City administration, it is inefficient... Mayor Ferre: All right, now vote. *Mrs. Gordon: And I therefore, vote no because it is illegal for me to vote yes. 33. EXTEND LEASE AGREEMENTS WITH SOCIAL SERVICE onGmizATIons LEASING SPACE IN LITTLE NAVANn COMMUNITY CENTER 11- Mayor Ferre: All right, take up item number 27, resolution extending the existing lease agreements with non-profit social service organizations, lease space to Little Havana Community. Is there a motion? Item 27. Moved by who...which one? Father Gibson: Move. Mayor Ferre: Gibson. Mr. Plummer: Second. Mayor Ferre: Second by Plummer. Call the roll on 27. The following resolution was introduced by CommissOnr-GibsOn, who moved its adoption. RESOLUTION NO. 79-688 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE EXISTING LEASE AGREEMENTS WITH NON-PROFIT SOCIAL SERVICE ORGANIZATIONS FOR THE LEASE OF SPACE IN THE LITTLE HAVANA COMMUNITY CENTER; SAID EXTENSION BEING FOR A ONE YEAR PERIOD EXPIRING 30 SEPTEMBER 1980 (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: (CONTINUED ON NEXT PAGE) OCT 1 7 1979 AYES: NOES: NONE Commissioner (Rev.) Theodore R. Gibson. *Commissioner Rose Gordon Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre ON THE ROLL CALL: * • Gordon: Mayor Ferre: too? Mrs. Gordon: Commissioner Armando Lacasa Yes, on that. Do you have another written statement onthat one Would you show me voting no on 25? RATIFY ACTION OF CITY MANAGER I:1 EXECUTING AGR^ET':ENT 1'13T?-; THE 34. COCONUT GROVE BICYCLE CLUE, INC. F0'.? TIIT GREAT COCONUT GROVE DICYCLE PJ.CE Mayor Ferre: Take up 28. Ratifying and approving the actions of the City Manager in executing an agreement with the Coconut Grove Bicycle Club. Mr. Plummer: Mayor Ferre: Father Gibson: Mayor Ferre: 28. Move. Moved by Plummer. Second. Second by Gibson. Further discussion? .Call . the roll on The following resolution was introduced by Commissioner Plummer,-; who moved its adoption: RESOLUTION NO. 79-689 was A RESOLUTION RATIFYING AND APPROVING THE ACTION OF THE CITY MANAGER IN EXECUTING THE ATTACHED AGREEMENT WITH A NON-PROFIT ORGANIZATION KNOWN AS THE COCONUT GROVE BICYCLE CLUB, INC. FOR THE PURPOSES OF CONDUCTING THE GREAT COCONUT GROVE BICYCLE RACE AND PROVIDING THE NECESSARY POLICE SERVICES BY THE CITY OF MIAMI POLICE DEPARTMENT IN CONJUNCTION THEREWITH; HELD ON OCTOBER 10, 11, 12, 13 AND 14, 1979 (Here follows body of resolution, omitted here, and on file in the Office of the City Clerk). Upon being seconded by. Commissioner Gibson, passed and adopted by the following vote: (CONTINUED NEXT PAGE) 109 e ;resolution OCT 17 19/9 'NOES: None ABSENT: Vice -Mayor J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre Commissioner Armando Lacasa 35. EDISON PARK POOL - SOLAR HEATING - AUTHORIZE INCREASE IN CONTRACT Mayor Ferre: Take up 29. Authorizing increase contract for Edison Park Pool, solar heating and so on. Father Gibson: Move. Mayor Ferre: Gibson moves. Mr. Plummer: Second. Mayor Ferre: Plummer seconds. roll. The following resolution was introduced by Commissioner` Gibson, who moved its adoption: RESOLUTION NO. 79-690 A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT IN AN AMOUNT NOT TO EXCEED $4,600 FOR THE EDISON PARK POOL - SOLAR HEATING (2ND BIDDING); ALLOCATING THE ADDITIONAL AMOUNT OF $4,600 FROM COMMUNITY DEVELOPMENT FUNDS in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the was passed and adopted by the following vote: AYES: NOES: None Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre Commissioner Armando Lacasa (Here follows body of resolution, omitted here and on le:.' OCT `T'71979 F.UTHOPIDIUG THE MANAGER TO E:O;CUTE AN AMENDMENT TO THE AGREEMENT 36. BET?7EEN THE CITY AND PORTER AND GREEN, INC. FOR PORTSIDE CAFE Mayor Ferre: Take up item 30 authorizing the Manger to execute an amendment of the previously agreement between the City and Porter and Green for operation of Portside Cafe, and so on. Father Gibson: Move. Mayor Ferre: Moved;by Gibson. Is there a second?. Mrs. Gordon: Second. Mr. Plummer: I want to tell you something...I'd be happy..` Mayor Ferre: Gordon. seconds. Further discussion:: Go "ahead. Mr. Plummer: All right, fine. Under discussion. Mayor Ferre: Yes, sir. Mr. Plummer: I hate to tell this Commission...I'm'really not telling this Commission, I'm telling the administration. It was I who some months ago, I;; guess now almost a year. .;How long is that now have these people had that? Mr. Grassie: About a year. Mr. Plummer: Mr. Mayor, I told you at that time and I'm going to tell you again, these people have a contract that say, in big, bold print, there isnt' anyway you can make: Now here they are. I told you that a year ago. Mr. Mayor, all I'm saying, to you, unless that contract... I'm all in favor of these people,. I: hope they make it, I wish them well, I want them to do well. But I'm saying to you unless that contract has changed radically, there's'. no way that these people, or people, who have been in the business for 20 years can make it. When you spell out in a contract that a hot dog can only be a certain percentage of fat, that soup out of a vending machine has to be served at a certain degree temperature...you know, I beg you to not just lower their rent, I'll do that to hope and help these people make. But unless you loosen up that contract, I just don't see...you're asking them to perform the impossible. Now, Mr. Grassie... Mr. Grassie: Sir? Mr. Plummer: I have not read every word of the contract. I made this statement before, and you know, here it is exactly what I said, they could'nt make it. What I'm asking you on the record, how substantially has that specification of that contract be changed, because just reducing their rent isn't enough. It isn't going to make it. And they or no one else are going to make it. Now Mr. Grassie, has that contract become reasonable? Has it changed? Mr. Grassie: I think it's very reasonable, Commissioner. Keep in mind, that the percentage that they would contribute, to the City has h».'n materially reduced. And at this stage, they are right on the horde:- of doing well financially, as 1 understand their records. So with this help, I'm sure that they will be able to make it. OCT 17 1979 Mr. Alan Porter: Good afternoon Commissioners... Mr. Plummer: Yeah, I want to hear from you. Mr. Porter: My name is Alan Porter. I'm the manager of the cafe that you're talking about in Bicentennial Park. Mr. Grassie stated that we are making it financially. No, we are not making it... Mr. Plummer: No, he said you were on the verge of making it. Mr. Porter: No, we're not even on the verge of making it. There's no way in sight we can make it. Not unless the agreement does come under radical changes... Mr. Plummer: Well, what are you even doing here? Mr. Porter: We need to do? Well, the park ought to be known about. A lot of problems there. The crime killed it. Not only the operations not it, there's a lot of problems. Mr. Plumper: You've gone from dealing to meddling. That's what we say. Sir, you know the problems that exist in the neighborhood are not going to change your contract, which I say is your problem. 0.k.? Now, all I can say to you us, that unless they give you reasonable latitude in that contract, which I say was not in the original contract, I don't see how you can hack it. I really don't. Mr. Porter: Well, o.k. Let me make note that we would like for the agreement still be under consideration and negotiation with the City Manager to be worked out feasibly That the operators for the next 311 years agreement that we will survive and make the operation go. But the rent reduction is not only all we need. We need much more cooperation. Mrs. Gordon: Do you have any police protection in there at all? Mr. Porter: No. Mr. Grassie: Why is it that there is an investment the City has made... we have millions of dollars invested in that park and people are afraid to go there. It's affecting these people in their operation, but that's only one part of it. It's a total waste of a valuable asset. Why is it that there is no protection in the park? Mr. Grassie: It's not true, Commissioner, that there is no protection in the park. As a matter of fact... Mrs. Gordon: Well the rangers aren't there any more. Mr. Grassie: Please. As a matter of fact, the Police Chief has taken special effort to provide visiblepolice protection in that park. Now, that does not mean either in that park, or in any other part of the City, that having police protection means you are never going to have any incidents. You are definitly going to have going to have some things happen. But it is simply untrue that there is no police protection in the park. And as a matter of fact, as I've said before, the Chief has taken special care to put visiblepolice protection in that park in the last year. Mrs. Gordon: Would you have the Chief give us a written report on that. How much protection, when the protection is there, etc. Mt. Grassie: Certainly, we'd be happy to let you know about that. Mr. Porter: May I... Mr. Plummer: Look, I'm ready to vote. O.k.? I'm ready to vote in favor of that which isbefore Us. I would only hope and beg of the administration to continue working with you to try and make this thing a success. I do feel there is room for further negotiation. - • ' - •. , • - • . • • Mayor further discussion? Call the roll. „•• • - - ".• • • . , The ,f011oWing.reSolUtion•was.introduced by-Commissioner;Gibsonv whojporedirt'adoption: • - • RESOLUTION NO. 79691. •. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE . . AN AMENDMENT TO THE JUNE 20, 1978 AGREEMENT BETWEEN THE CITY AND PORTER AND GREEN, INC., FOR THE OPERATION OF THE PORTSIDE CAFE NEW WORLD CENTER - BICENTENNIAL PARK, PROVIDING INTER ALIA FOR A REDUCTION OF THE PERCENTAGE RENT FROM 25% TO 121/2% OF THE GROSS RECEIPTS RETROACTIVE TO OCTOBER 1, 1978, ESTABLISHING A MINIMUM MONTHLY GUARANTEE OF $250 PER MONTH, REQUIRING A $100 WEEKLY PAYMENT TOWARD PAST INDEBTEDNESS TO BRING ACCOUNT CURRENT (EXHIBIT "F")1 ESTABLISHING "EXHIBIT E" AS A GRAPHIC DESCRIPTION OF THE PORTSIDE CAFE AND AMENDING THE EXCLUSIVITY CLAUSE AS CONTAINED IN THE ATTACHED AMENDATORY AGREEMENT (Here follows.hody of resolution, omitted„bere'-andon file in tha.office.of.thecit:y.c1erk),Upon being seconded by Cotnrnissioner Gordon, the resolution • - - _ • was passed and adopted by the following vote: . . • AYES: Comthissioner-(Rev.)-TheodOre.R. Gibson • Corninissioner Rose Gordon . • Vice -Mayor J. L. Plummer, J Mayor MauriA. NOES: . None ABSENT: - • • _•.: • • , . t;;,. ON THE ROLL CALL: - - - • • , • , Mrs. Gordon: I move there be one on the basis of... *Mayor Ferre: Let me vote...would you let me vote, please. Would you let me finish my vote? I want to add my sentiments to this. Mat park is very important to this community. And I know that you have problems. It's very important that you make a success of this. And give my regards to Reverend Jenkins, would you please? Thank you. I vote yes. 37. CONSENT AGENDA: unless a member of the City Commission wishes to remove specific items from this portion of the agenda, items 32-38 constitute the Consent Agenda. These resolutions are self-explanatory and are not expected to require additional review or discussion. Each item will be recorded as individually numbered resolutions, adopted unanimously by the following motion: OCT 1979 - ist 1 13 ist "...that the Consent Agenda, comprised of items 32 38 be adopted." Mayor Ferre: Before the vote on adopting items included in the Consent Agenda is taken, is there anyone present who is an objector or proponent that wishes to speak on any item in the Consent Agenda? Hearing none, the vote on the adoption of the Consent Agenda will now be taken." The following resolutions were introduced by Commissioner Plummer, seconded by Comissioner Gibson and passed and adopted by the following vote: •Corratissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor J. L. Plun'ener, Jr. Mayor Maurice A. Ferre ABSENT: Commissioner Armando Lacasa 37.1 AMEND 79-588 , ORDERING LYNDALE SANITARY SEWER IMPROVEMENT SR-5462 BY ADDING A PORTION OF S.W. 8 STREET 37.2 RESOLUTION NO. 79-692 A RESOLUTION AMENDING SECTION 1 OF RESOLUTION NO. 79-588, ADOPTED SEPTEMBER 13, 1979, WHICH ORDERED LYNDALE SANITARY SEWER IMPROVEMENT SR-5462 (SIDELINE SEWER) , BY ADDING A PORTION OF S.W. 8 STREET TO THE DESCRIPTION OF THE IMPROVEMENT LOCATION, WHICH PORTION HAD BEEN OMITTED FROM RESOLUTION NO. 79-588 ACCEPT COMPLETED WORK OF LGH CONSTRUCTION CORP. FOR FIRE STATION NO. 4 - BID "A" (DEMOLITION) RESOLUTION NO. 79-693 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY LGH CONSTRUCTION COPORATION AT A TOTAL COST OF $7,680.00 FOR FIRE STATION NO. 4 - BID "A" (DEMOLITION); AND AUTHORIZING A FINAL PAYMENT OF $7 68.00 37.3 ACCEPT COMPLETED WORK OF D.M.P. CORPORATION FOR NORTHERN DRAINAGE PROJECT E-44 RESOLUTION NO. 79-694 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY D.M.P. CORPORATION AT A TOTAL COST OF $176,217.50 FOR NORTHERN DRAINAGE PROJECT E -44; AND AUTHORIZING A FINAL PAYMENT OF $17,621.75 37.4 ACCEPT COMPLETED WORK OF MET CONSTRUCTION, INC. FOR ORANGE BOWL - TICKET OFFICE RENOVATION - 1978 RESOLUTION NO. 79-695 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY MET CONSTRUCTION, INC. AT A TOTAL COST OF $30,235.50 FOR THE ORANGE BOWL - TICKET OFFICE RENOVATION - 1978; AND AUTHORIZING A FINAL PAYMENT OF $3,023.55 114 OCT 1 7 1979 ii»wvnu't�s5m,. a 37.5 ACCEPT DADE COUNTY'S PROPOSED STREET LIGHTING PLAN FOR S.W. 40TH STREET BETWEEN U.S. #1 AND S.W. 39TH AVENUE RESOLUTION NO. 79-696 A RESOLUTION PLAN FOR S.W. OTHADE STRREET BETWEEN U.S. 1NTY'S PROPOSED T LIGHT AND S.W. 39TH AVENUE 37.6 GRANT AWARD, RATIFY ACTIONS BY CITY MANAGER IN ACCEPTING GRANT FROM FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES - RECREATION PROGRAMS FOR THE MENTALLY RETARDED RESOLUTION NO. 79-697 A RESOLUTION RATIFYING THE ACTIONS TAKEN BY THE CITY MANAGER IN ACCEPTING A GRANT AWARD FROM THE FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES FOR RECREATION PROGRAMS FOR THE MENTALLY RETARDED AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY ADDITIONAL CONTRACT(S) AND/OR AGREEMENT(S) TO FURTHER IMPLEMENT THIS PROGRAM SUBJECT TO AVAILABILITY OF FUNDS 37.7 ALLOCATE $899,543 TO PREVIOUSLY APPROVED SOCIAL SERVICE AGENCIES AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENTS RESOLUTION NO. 79-696 A RESOLUTION ALLOCATING $899,543 OF FY'79-80 FEDERAL REVENUE SHARING FUNDS APPROPRIATED BY PASSAGE OF ORDINANCE NO. 9000 TO PREVIOUSLY APPROVED -OCIAL SERVICE AGENCIES LISTED HEREIN FOR THE PERIOD FROM OCTOBER 1, 1979 TO SEPTEMBER 30, 1980; FURTHER AUTHOR- IZING THE CITY MANAGER TO ENTER INTO AGREEMENTS WITH SAID APPROVED SOCIAL SERVICE AGENCIES. VIP:3T AND SECOND READING ORDINANCE: ANEND $54-17 OF T;M CODS, 33. PEnMIT FEES - STflEET EXCAVATION, SIDE:IALK REPAIRS, FF-VING, ETC. Mayor Ferre: Is there any problem with item number 13? Does anybody have any problems with that? All right, is there a motion? If there is a problem with any of these items, we'll wait until we have a full Commission. Mr." Plummer: I have no problem Mayor Verre : Tor .: Plutmner Father Gibson:. All right, is there a motion then? I move it. Second. Mayor; Ferro:, Moved by Plummer„second by Gibson. ordinance, :please , on first and second reading.` (CONTINUED ON NEXT PAGE) OCT 17 1979 115 AN ORDINANCE REPEALING SECTION 54-17 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND SUBSTITUTING THEREFORE A NEW SECTION 54-17 ESTABLISHING A NEW SCHEDULE OF PERMIT FEES TO BE CHARGED BY THE DEPARTMENT OF PUBLIC WORKS UPON THE FOLLOWING ACTIVITIES: STREET EXCAVATION, SIDEWALK REPAIR, PAVING OR RE- SURFACING OF PARKWAY OR SHOULDER AREA, BUILDING LINE AND GRADE, SIDEWALK CONSTRUCTION, DRIVE- WAY CONSTRUCTION, FLUME EXCAVATION, UTILITY POLE PLACEMENT, UNDERGROUND UTILITY SERVICE CONNECTION EXCAVATION, AND PERMIT RENEWAL; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION Was introduced by Commissioner Plummer and seconded by Commissioner Gibson for adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission: AYES: NOES: None Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre ABSENT: Commissioner Armando Lacasa Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Gibson, adopted said ordinance by the following vote: AYES: NOES: None Vice -Mayor J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre ABSENT: Commissioner Armando Lacasa SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9003 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and copies were available to the public. 39. FIfST AND SECOND READING ORDINANCE: AMEND E2.82.2 AND 2-05 - INCREASE FEES FOR SERVICES BY DEPARTMENT OF PUBLIC WORKS FOR PROCESSING OF COVENANTS AND PLATS Mayor Ferret A11 right, take up on number 14. Is there any problems on that one, with anybody? All right, is there a motion then? Is there a motion on 14? int 1;6 OCT171979 • Father Gibson: Move. Mayor Ferre: All right, moved by Gibson. Is there a second? Mr. Plummer: second. Mayor Ferre: Second by Plummer. Further discussion? Read the ordinance on first and second. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING CHAPTER 2 THEREOF ENTITLED: "ADMINISTRATION", BY AMENDING SECTION 2-82.2 AND SECTION 2-85 OF SAID CHAPTER TO PROVIDE FOR AN INCREASE IN THE FEES FOR THE SERVICES OF THE DEPARTMENT OF PUBLIC WORKS IN PREPARATION AND PROCESSING OF COVENANTS RUNNING WITH THE LAND; BY PROVIDING FOR AN INCREASE IN THE FEES CHARGED FOR PROCESSING TENTATIVE PLATS AND RECORD PLATS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; DISPENSING WITH THE REQUIREMENTS OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION Was introduced by Commissioner Gibson and seconded by Commissioner Plummer for adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission: AYES: Vice -Mayor J. L. Plummer, Jr Commissioner Theodore R. Gibson Commissioner Rose Gordon •Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Armando Lacasa vote: seconded by Cornma WhereuWhereupon the Commission on motion ofordinance fi nlsby Gibson and i.ssionted sa the follow). g AYES: Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Vice -Mayor ' J. L. Plummer, Jr. • , Mayor Maurice A. Ferre NOES: None ABSENT: Comnlissioner Armando Lacasa SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9004 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and copies were available to the public. 117 OCT 1 719/9 40. FIRST AND SECOND READING ORDINANCE: AMEND CHAPTER 27 OF THE CODE, "LAND FILLS AND WATERFRONT IMPROVENEtlTS : BY Ii?CREASIiiG F?ES Mayor Ferre: A11 right, take up 15. Any problems with that? Mr. Plummer: Move it. Mayor Ferre: Moved by Plummer... Father Gibson: Second. Mayor Ferre: Second by Gibson. Read the ordinance. AN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING CHAPTER 27 THEREOF ENTITLED "LAND FILLS AND WATERFRONT IMPROVEMENTS", BY AMENDING SECTION 27-3; SUBSECTIONS (a) AND (b) OF SECTION 27-17, AND SECTION 27-26 THEREOF, PROVIDING THEREBY FOR AN INCREASE IN FEES ESTABLISHED UNDER SAID SUBSECTIONS AND FOR THE ELIMINATION OF THE PREVIOUS WAIVER OF FEES FOR FILLING OF UPLAND OR SUBMERGED PROPERTY AND FOR PUBLICATION FEES IN CONNECTION WITH PETITIONS FILED UNDER SAID CHAPTER, AS WELL AS THE FEE FOR THE REMOVAL OF FILL FROM SUBMERGED OR SURFACE LANDS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF THE MEMBERS OF THE COMMISSION Was introduced by Commissioner Plummer and seconded by Commissioner Gibson for adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing with the requirement of reading same on two separate daysby a vote of not less than four -fifths of the members of the Commission: AYES: NOES: Commissioner Rose Gordon Vice -Mayor J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre ABSENT: Commissioner Armando Lacasa Whereupon the Commission on motion of Commissioner Plummer an seconded by Commissioner Gibson, adopted said ordinance by the following vote: Vice -Mayor J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre Commissioner Armando Lacasa SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9005 CityAttorney p The read the ordinance into the; ublic record an announced that copies were available to the members of. the City Commission and copies were available to the public. 118 O C7 171979 ist ist 4.1. FIRST AND SECOND READING O1DINA110E: AMEND 8719 BY ESTABLISHING NEW TRUST AND AGENCY FUND "KWANZA" FESTIVAL (3RD YEAR) AND APPROPRIATING S72,600 FOR ITS OPERATION Mayor Ferre: Father Gibson moves 16. Is there a second. Mr. Plummer: Second. Mayor Ferre: Second by Plummer. Further discussion? Read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719, ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT APPROPRIATIONS ORDINANCE, AS AMENDED, BY ESTABLISHING A NEW TRUST AND AGENCY FUND ENTITLED: "KWANZA FESTIVAL (3RD YEAR)"; APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $72,600 TO BE RECEIVED FROM THE FINE ARTS COUNCIL OF FLORIDA IN THE AMOUNT OF $12,600, METROPOLITAN DADE COUNTY IN THE AMOUNT OF $25,000, SPECIAL PROGRAMS AND ACCOUNTS -MATCHING FUNDS FOR GRANTS IN THE AMOUNT OF $25,000, SUBJECT TO ADOPTION OF THE FISCAL YEAR 1979-80 BUDGET, AND AN AMOUNT OF $10,000 IN CONTRIBUTIONS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND DISPENSING WITH TH, REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY ;A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION Was introduced by Commissioner Gibson and seconded by Commissioner Plummer for adoption pursuant to Section 4, Pararraph (f) of the City Charter dispensing with the requirementof reading same on two separate days by a vote of not less than four -fifths of the members.' of the Commission: AYES: NOES None ABSENT Commissioner "(Rev.),;. Theodore R. Gibson Commissioner. Rose`Gordon Vice -Mayor, J. L'. 'Plummer, Jr Mayor• Maurice A. Ferre Commissioner Armando Lacasa Whereupon the City -Commission on and seconded by Commissioner Plummer, following vote: AYES: NnES : None ABSENT: motion of Commissioner Gibson adopted said ordinance by the`., Vice -Mayor J. L. Plummer, Jr Coinmissioner (Rev.) Theodore R. Gibson Commissioner. Rose Gordon Mayor Maurice A. Ferre Commissioner' Armando Lacasa SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9006 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and copies were available to the public. 119 •Ws.litbYS^^AcISR44df:;��'�.a4 filu tl.:.�4 vytua 42. PROVIDECITY'S ONGRESSING OF CITIESTE AND BE BEING ELDRNATE BY THEOTING DELEGATE NATIO"1AL THE TO LEAGUE OF CITIES Mr. Plummer: Can I have a pocket item? Mayor Ferre: Sure. Mr. Plummer: A resolution appointing and designating the Commissioner of the City of Miami to serve as the City's voting delegate, further designating, appointing a named Commissioner as the alternate voting delegate to the Annual Congress of Cities, to be held in November 19, 1979. by the National League of Cities. Mayor Ferre: O.k. Moved by Plummer. Father Gibson: Second. Mayor who by Gibson. .The foliowing moved its adoption: Further discussion? resolution was introduced by Commissioner Plummer RESOLUTION NO. 79-699 A RESOLUTION APPOINTING AND DESHE K SE NG COMMASMISSIONECITYR S VOTING DELEGATE AND FURTHER DESIGNATING AND APPOINTING COMMISSIONER AS THE ALTERNATE VOTING DELEGATE TO THE ANNUAL CONGRESS OF CITIES TO BE HELD IN NOVEMBER 19, 1979, BY THE NATIONAL LEAGUE OF CITIES (Here follows body of resolution, omitted here an on file the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the passed and adopted by the following vote: Vice -Mayor J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre AYES: NOES: ABSENT: None Commissioner Armando Lacasa (*) (NOTE): Even though the above Resolution was a prepared Resolution, the City Commission failed to appoint, at this time, the City's voting delegate and alternate voting delegate to the annual congress of cities being held by the National League of Cities. This matter will be resolved at a later meeting. 1111111�I�, ist u�arwk�cV't1:d�N12hL'YL9'Ut. ii �s'.'nN]SL.4� • RECOf1tEMD THAT DADE COUNTY REGULATE TIE PRIVATE SCHOOL BUS 43. IADUSTRY COUNTY -WIDE Mayor Ferre: All right, this is a resolution authorizing and directing the Manager to forward a recommendation...this is from us to them, o.k? A recommendation to the Board of County Commissioners of Dade to involve itself, as a public body in the county -wide regulation of the private school industry, including buses operating in the City of Miami since the safety of the children being transported therein, is involved. Further requesting that the interest of those operators who have heretofore performed such services in a satisfactory:way`be protected. Mrs. Gordon: Protected? What<do you mean protected? Father Gibson: Move. Mayor Ferre: Protected, that means motherhood. : There's `.a motion.b Father Gibson... Mr. Plummer: econd Mayor Ferre: And second by..'• Mrs. Gordon: Mr. Knox,.. willyou.explain` have in here. police protection? Mayor..Ferre: Mr Gordon: Mr. Clark: Mrs. Gordon. Mrs.` Gordon: Mayor 'Ferrer the meaning o That.means'grendfathered,;Rose.' What , do you .mean by protected? That was the Lrotected you a motion that youpassed at the last meeting,;, Yeah, but the word protected doesn't make sense'' in -here. Into the record, please Mr. Clark: This reflects the motion that was passed at the las Commission meeting.: Mayor Ferrer' Mrs. Gordon: Mayor Ferre: That's right. Thatwas the controversy between::Mr :Lopez:. What was the meaning of the word protected. Mr. Clark., Mr. Clark: Simply that the interest, thissubject, that:,; they. also consider the service right`at the `present time be left at the discretion Mrn. Gordon: Mr. Clark: Mrs. Gordon: Explain when the County•, Commission considers those persons who;were;performing, And this is: something that would To be included? Is'that what` you mean? Yes. For. them to...we point out... But protected is the wrong Mr. Clark: Well this was the language that was used that passed at the last meeting. OCT .17 •19i9 4 • prs. Gordon: Well look, if you find that the wording is incorrect, it doesn't precisely say what is intended, then you as an attorney should make it right. Mr. Clark: But we cannot change your...we can...if you want to delete .that that's... Mrs. Gordon: Shall be included. Mr. Clark: When you say included, Mr Mrs. Gordon: Included and protected or some other kind of protection. Mr. Clark: May. Mr. Mrs I think that's what you; really mean:' s. Gordon.'.. indicates ;a:police of protection,' We could say considered then. Would that be... Mayor Ferre:, I think that's a better, word,"considered.: Clarke Considered. It's probably just es' affective ,Gordon: O.k. All. right. or Ferre:• Any problems with that? May. Mr . Gordon: No, it just just the word didn't make sense Ferre: All right, call the roll. Mayor The following resolution was introduced who moved its adoption: by Commissioner. Gibson, RESOLUTION NO. 79-700 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO FORWARD A RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY TO INVOLVE ITSELF AS A PUBLIC BODY IN THE COUNTY -WIDE REGULATION OF THE PRIVATE SCHOOL BUS INDUSTRY INCLUDING BUSES OPERATING IN THE CITY OF MIAMI, SINCE THE SAFETY OF THE CHILDREN BEING TRANSPORTED THEREIN IS INVOLVED; FURTHER REQUESTING THAT THE INTERESTS OF THOSE OPERATORS WHO HAVE HERETOFORE PERFORMED SUCH SERVICES IN A SATISFACTORY WAY BE CONSIDERED (Here follows body of resolution, omitted here and on in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, was passed and adopted by the following vote: AYES: NOES: None ABSENT: file; the resolution` Commissioner Rose Gordon Vice -Mayor J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre Commissioner Armando Lacasa 44. PUBLIC HEARING: BAY HEIGHTS TRAFFIC SURVEY Mayor Ferre: Item 31. Plummer, do you want to take up item 31? There doesn't seem to be too many people here on that. How many of you here on item 31? INAUDIBLE COMMENT FROM THE AUDIENCE Mayor Ferre: I think out of -courtesy to Mrs. Kantor, we ought to wait for her. All right, lets be courteous to here. We'll wait for five minutes. This Commission is adjourned for five minutes. WHEREUPON the City Commission took a brief recess, and reconvened with Commissioner lacasa absent. 122 OCT 17 19/y Mayor Ferre: Father Gibson, item 17 has been withdrawn. He, should be back any moment. Item 17 has now been withdrawn, so we only 2 items left. Item 17 is withdrawn, o.k.? We're now on the public hearing which is item 31. O.k.? Now, Bay•Heights traffic, Mr. Grimm. Mr. Vince Grimm: Mr. Mayor, members of the Commission. on September 27th the Commission directed the administration to poll all of the property owners in Bay Heights as to their preferences to the type of traffic control which affected their neighborhood. Subsequent to that meeting, I called Mrs. Lawrence and asked...she apparently wanted a fourth question posed which was included in that letter. The letters were hand delivered to the people in the neighborhood. And all but, at the latest count that I have, twenty-six responded. Mayor Ferre: All but 26. Mr. Grimm: All but 26. Or 185 properties. The'arithmetic of this doesn't add up, but the reason for that is that in some cases, people offered a first and second choice,. we recorded both. And in other cases there was no indication as to whether it was first and second choice. We just presumed that maybe husband and wife had a different opinion. We didn't try to evaluate which.was"fact and which was not. We just recorded. So,-I...I have a pictorial representation of how it turned out. If I; -get it right side up:` First the blank...lets turn it towards the audience more a little,. Don. Had twenty-six responses that I say we subsequently received two.in the mail. The first response was, as it` exists now,was`forty-two. The second response was the same restriction except for local traffic, which is now 98. The third response which is Mrs.Lawrence rec'iests was forty and remove all signs was ten. '`So if you, doing traffic engineering by popular vote, number two is the recommendation.,'. Mr. Plummer: What was that? Mr. Grimm: That the no right turn six except for local residents. Mayor Ferre: All right, now can we just adopt that You want it explained, all right. Mr Mayor Ferre: I'll recognize you in a Mrs. Lawrence: Thank you very much fortaking the time with out... with this...with our community. The vote on number four...number three, was small because the wording of it saidremove all signs except... and then put up a sign that says "No left turn on Shore Drive East. And the reason that you got two votes is that some people were voting for both signs. The one that says, no right turn into Bay Heights, local traffic only. And the second sign, no left turn on Shore Drive East. And so there was some confusion because of the way it was worded on the ballot. People didn't know they could vote for both. We had a meeting at my house Thursday night and we reached pretty much of a consensus of the community that we would like both signs. Because the, no left turn on Shore Drive East would make the other sign enforceable. And that was the problem that we were having with agreeing to the sign saying local traffic only because it was totally unenforceable. I also had a petition sent around of the people who live on Shore Drive East, Bay Heights Drive, and Shore Drive South up to the entrance. From one entrance to the other. From the Semana entrance to the Tigertail entrance asking if they would... Mayor Perre: You want both signs. In other words, you want the one out :;.ith' thatsay:: no right: turn and the one inside that says no left turn. Rose, to make a motion. ist Mrs. Gordon: Why do you want. that? Mrs. Lawrence: The no right turn into Bay Heights would allow local traffic to come in. Mayor Ferre: Everybody is in agreement with Mrs. Lawrence: Anybody who'se coming into Bay Heights can come into ,Bay Heights. However, anybody who'se just passing through Bay Heights on their way out to else where cannot make a left turn on Shore Drive East which would proh... Mayor Ferre How are you going to enforce that? Mr. Plummer: (INAUDIBLE_ NOT SPEAKING INTO THE MICROPHONE) Mayor Ferre: Signs? Who'se going to...you're going to need a policeman` their to enforce that. Mrs. Lawrence: It's the reason that the sign on Alatka works. It says, no right turn, local traffic only. There's a no left turn on Micanopy and a no left turn on Tigertail. So there's no way to turn except into Bay Heights. And this would do the same think into Bay Heights. The people who live on Shore Drive East, Bay Heights Drive, and Shore Drive South all signed the petition with only one person saying no...asking for the sign. I brought the petition with me. At a Bay Heights meeting last Thursday night, everyone agreed to that combination of signs and we're here now, the people who were at the meeting who would be very happy with that. Mayor Ferre: What are you recommending now? Mrs. Lawrence: No right turn sign at the entrance. It says, no right turn, local traffic only, and a sign at the corner of Shore Drive East and Semana Drive that says no: left turn between four and six. Mayor. Ferree Ali right, does Mr. Plummer: Mr. Mayor... Father Gibson: Wait a minute I... everybody agree with that second portion?: one at a time. Maurice, lets do one at a Mr. Plummer: Mr. Mayor, I've been quiet, and I will continue to do so as it reflects to those who have the problem in Bay Heights. I have the fear of voting, that if you alter some of these signs, you will affect others than Bay Heights residents. And as such, we will go back into the full blown hearings that we had before. So, I'm not in favor in voting on this piece meal. Now, you know, this process of elimination is fine, as long as it doesn't affect other people who have not had the benefit of the survey and being here. Mayor Ferre: You want to vote for the whole thing together. ist 1` 71919 Mrs. Gordon: Let's do them time. Mayor Ferre: 1 think that's a good idea Rose. All right. Mrs.Gordon... Mrs. Gordon: Lets do no right turn except local traffic. four to six, Monday through Friday... Mayor Ferre: Rose, go ahead, make' your motion. Mrs. Gordon: That's the number two option. I, move that. Mayor Ferre: -A11 right, there's a motion on number two... • Mr. Plummer: Mr. Mayor, I don't care how you do it. But the minute that you start affecting other people, I think they have the same right to have their say. And at this point, they have not. Now if it just affects Bay Heights people, I'm fully in concurrence. Whatever they want they get. Mayor Ferret Are you saying that this will affect Other people "other , ... than? - ''l '•• - ' ' ,' ' ; ',. .',' ., . ••,,,,,,,,.;.. , Mr. Plummer: It could. . , . . • .. , . • . , . ' '''' • (INAUDIBLE COMMENT FROM THE AUDIENCE) • ,.., Mr. Plurrner: Sir, that is the survey of your house and your area. (INAUDIBLE COMMENT FROM THE AUDIENCE) •• Mr. Plummer: Sir, sir, you know, I arn just as protective of my, neighborhood as you are of yours. 0.k.? Lets don't have any misunderstanding, (INAUDIBLE COMMENT FROM THE AUDIENCE) Mr. F1unurier: The Voting of Bay Heights as it relates to Bay Heights. Mayor Ferre: What he's ta3.king about isthat the people that outside ofayHeights that are affected that road should also have an interest. That's what he's say Mr. Pltumner: That's right. Mr. Plummer I understand that. (INAUDIBLE COMMENT FROM THE AUDIENCE) Mr. At their request, sir. At their request. If you...as long as you don't alter that, fine. Mondays through no right.s there if Mayor Ferre: We have a motion by Commissi°ner Gordon that says that she wan substitute the sictn that is there now or turf a sign that says,local traffic 4 to 6 P.M. Friday. a second Mr. Pluxnrner: '11 second thethat's what Bay Heights want, God Bless them.Mayor Ferre: k Seconddiscussion on that motion. Father Gibson. Let me ask a question. Mayor Ferre: Father Gibson. ' Father Gibson: I just want to ask this because I want to be knowledgeable and intelligent. Do you think you can enforce that? You think you can enforce that? min. ("orcion: Not any more than the 4 to 6 no right turn that's there Fat her Gibson: No, no, I'm only asking because you know, if I was going into Bay Heights, how in the devil are you going to know whether I'm local or not local? All I'm saying is remember...now don't then tell us to put a police there to check out everybody, say look, give me your registration card, tell me where you live. You know what I mean? As long as we understand that from the word go. See, I have a problem with local traffic because I happen to know that ...I believe I heard this, I may be wrong. Counsel? Before I vote I want to ask this question. Counsel? 12,5 OCT 1 1/1979 • Mr. Yes, sir. th e people. Father Gibson: Now these streets be].ong to Mr. Knox: Yes, sir. e use of that s: Do you meanto tell i 7.zigcouoidu.t..I whatosldiergeasitlyrIctttlill Father Gibson treat toh ot you•wanmt ifalegal.?Do you mean to e Mew7ntoyuolud ltoga11111Yes:Yathat local traffic h All right. The d!finl.tion of local trafficarftenat peMr;son:xWho do not have destinationst:ithin the wherethatstreet will lead should not use those streets. Father Gibson: I didn't ask about should. You see,t:t:11tshould is... you know...all I'm trying to say is, to pass here that is not enforceable. You cannot enforce. Mr. Knox: I can add. I think I can add. Father Gibson: All right, let me hear it. Mr. Knox: That a determination as to whether it's legal or not would be made by the County Attorney's Office, inasmuch as the regulation of traffic upon the street is governed by Metropolitan Dade County in their Traffic Control Division... Mrs. Gordon: Mr. Knox, doesn't Alatka have the same thing? Fattier Gibson: Let me ask the other question then. Have we asked them? Mr. Knox: Have we asked them? Not that I know of. Father Gibson: Al]. right, let me say this because this will tell you how I'm going to vote. I think that unless we know that we can prohibit and inhibit people who don't live in that area or aren't doing business in that area to trespass in that area. We are on very thin soil. Mr. Plummer: Father... Mrs. Gordon: Father Gibson, there's a sign on Alatka now that says the same thing. Mr. Plummer: Father, let me try to help you here, 0.k.? Father Gibson: All right, sure. Mr. Plummer: I very clearly recall when this matter came up before, Mr. Gene Simms from Metropolitan Dade County Traffic and Transportation, made the very clear distinction between two types of roads. One, a main arterial, and main arterials are designed to carry very heavy loads during the day. The other was residential in nature, which was designed to carry much, much less load. He made that distinction. And based upon that, was the justification that they did have, under Public Safety and Welfare, the right to limit residential streets to residental use. Let me also recall to your memory and the counter from Metropolitan Dade County, the traffic counter that was placed at the intersection of Tigertail and Halissee that is outside of Bay Heights. Let me back up Father, to tell you that residential streets are designed to carry 3 to 500 trip daily. Main arterials much more. But remember the to 500 figure. When they placed the traffic counter in a 24 hour period, this is not my figure, this was theirs, at that intersection in a 24 hour period, carried 3 cars less than 3,000 trips a day. It carried 2,997 car trips past that intersection which is a residential 126 OCT 1 7 1979 street. Was never designed in any way shape or form, to carry that load. It was then the justification was between a main arterial and a residential street. •It was then applied that there could be under the police powers and under the public safety aspect, that this was a reasonable application of those powers. Father Gibson: J. L., but listen, when you tell me this is a main and not a main, I understand that. But what I'm trying to say is the only way you know whether that's local traffic or not local traffic, technically, you have to stop every car and say, hey where are you going. That's what I'm saying. Now if you want us to vote and you think you could get away with it, I'm going to vote for y.du with the understanding that the first time you're challenged that you don't have me on your side. Do you understand what I'm saying. Gibson is going to say to you, o.k. you came and asked me to do it. The first person, and if I were driving and I went through there...I don't live there, and you tell me I can't come, do you know what I'm going to do? I'm going straight to the court. That's all I'm saying. Mr. Plummer: Father, make I make a suggestion? Father Gibson: YesMr Plurnmer . I'm favor of what the Bay Heights people want, to give to them. That we pass the motion subject to the approval of the -• County AttorheY's Office. Father Gibson: All right, I'll even offer it for you because I.want you to get relief but I don't want you to ask me to do what is illegal. Mrs. Gordon: If i.t's illegal., nobody is going to want an illegal All right, the maker of thenlotioflsaCC... • • •• • ••• • ,••• ; •-••' ,.• - ' • • • , Mrs Gordon The only thing I can say is if Alatka is legal would be legal. There wouldn't be much difference between the two. Mayor Ferre. All right, the motion has been amended. Its been moved and seconded as amended. Further discussion? Call the rol • The following motion was introduced by Commissioner Gordon, who moved its adoption: MOTION NO. 79-701 A MOTION REQUESTING THE DADE COUNTY DEPARTMENT OF TRANSPORTATION TO REPLACE THE EXISTING TRAFFIC SIGN AT THE SOUTH MIAMI AVENUE ENTRANCE TO BAY HEIGHTS WITH ONE THAT READS "NO RIGHT TURN BETWEEN 4 AND 6 P.M.EXCEPT LOCAL TRAFFIC RESIDENTS, MONDAY THROUGH FRIDAY", SUBJECTTO THE APPROVAL OF THE COUNTY ATTORNEY'S OFFICE n being seconded by Commissioner Plummer, the motion was passed and adoptedby the followingvote: AYES: Vice -Mayor J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon •• Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Armando Lacasa ist ist Mayor Ferre: All right now, with regards to no left turn 4.to 6, Monday through Friday, do you still want...is that...all right,:` now lets get a raise of hands. How many people want that? How many people are against that? Raise your hands. Mrs. Gordon: I don't think they know what they, are voting on, Mr. Mayor. Mayor Ferre: All right, let me repeat it. If you remember, Adele Lawrence came in and she said, in addition to we would like a no left turn from 4 to 6 on Monday through Friday inside. Now that would put it at... what's the name of the road there? Shore Drive East. Now let me... do you understand what I'm asking you? All right now, how many of you are for that? Raise your hands. How many are in favor of that? O.k. In favor, yes. Four. Four in favor. Mrs. Gordon: You don't want a left turn on Shore Drive East. correct? Mayor Ferre: Al.]. right, you are in favor of that sign. Mrs. Gordon: Oh, you do want...o.k. Mayor Ferre: Now who want...that's in favor of the sign. Who is against that sign? Who is in opposition to? Now you voted twice some of you. One, two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen. Now put you hands down. How many... Mrs. Gordon: Why don't you try it out. You know what would be a good idea? Mayor Ferre: Rose, how many of you are in favor of the signs? Raise your hands? One, two, three, four, five, six, seven, eight, nine, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, and twenty. O.k. Mrs. Lawrence: May I also add the names that are on the petition that are in favor of the sign? We had a meeting at my house. There were considerably more people there than are here. Mayor Ferre: All right, submit the names to the Clerk, please. Mrs. Lawrence: O.k. Because they were in agreement and they figured that all of Bay Heights was now in agreement because there wasn't any objection there at the meeting, so they didn't come tonight. Mayor Ferre: Go ahead. Mrs. Gordon: I would suggest that since we went through the trouble of doing what we did before, that we send a letter advising the people in Bay Heights, every person receive a letter telling what we did and ask them if they have any objection to the left turn on Shore Drive East. Mrs. Lawrence: We have it here. Mr. Plummer: That's part of this, Rose. INAUDIBLE:, COMMENT FROM THE AUDIENCE Mrs.: Gordon: I can't hear you. If you want to come to the microphone we'd like to know what you're saying. Mr. Plummer: Rose, look...you know, lets don't...let me say this. If you look at this chart and knowing as I do where these people live, all right, I can tell you exactly what the concern is. The same concern that my neighbors have. Whose ox is getting gored. O.k.? If you don't put that left hand turn sign, what you're doing in effect, is allowing heavy traffic to come there and go down Shore Drive East. 128 OCT 171979 • r.! Mayor Ferret Plummer, are you moving it? ti ;•1 i Mr. PlUmMer: Well,' I can tell. you whY-',There'slnO big,'secret.BeCauie,, , = they',.don't-waht.people,00ming in and making a,right turn because:then you throw the heavy traffic the other way. That'snot:..1Ookalthe-f,,,,..,,..:,,,,,,. chart.:HThe.Chart is very graphic. . ' .: . ',... ., Mayor Ferre: Plummer, Plummer, Plummer, J. L. look,- We ,took - a'...Y2tejlere., It's twenty to fourteen. That confirms, more Or.less,-what.theother.yoie was. Therecord is clear here. T think what we':oughtto.6ois:'iryit,.:i!--.. for a month or two and then... and-oOMe... - -- ' - - . , '' • - . ' '': -Y - Mr. PlUMMer:. No, no, I'm not movinganything, Mr. Mayor. going to let the people speak. They are entitled to what they want. O.k.? (INAUDIBLE COMMENT FROM THE AUDIENCE) Mrs. Gordon: The way it is? Leave it the way it s? I mj ean ust with , Mayor, Ferre:No, no, no, put the signup-for .about60 days and seehow! it works and then come back here and'we'lltalkabout it again. ,-119%.!,,, Mr.Daie Langford: I'd just like to add though, Mayor, that on the 2 streets that are affected, that everybody... Mayor Ferre: Your name and address for the record. Mr. Langford: Dale Langford. 281 Shore Drive East. Now there are two streets that are affected by this, Shore Drive East Shore Drive South, and Bay Heights Drive, and there was one household °' it be°'that dissented out of every single house. ayor Ferre • That's why I'm for it. , - r. ford.. Every single house there wanted a no eftstreet.. rirs. Gordon: 11 would you get How will you get hoine? 14r. Langford: How will I 'get ".nome? Mrs. Gordon: Yeah. Mr. Langford: I will have to come in through Bay Heights Drive go up Semana Drive to Bay Heights North...I'm sorry, West. make a right turn and come all the way around. I'm prepared to do that. I'm prepared to leave it the way it is. That these people can get home five minutes sooner, I don't want those 3,000 cars coming past my house. Mayor Ferre: He's absolutely right. Mr. Langford: And that's exactly what the basis is. The people that are. affected... Mayor Ferre: Do one of you want to move that? Mr. Langford: Do not want: the people coming down East and they don't want them, corning down Bay Height.,:. Mayor I'erre: I don't blame you at all. ant to get faster, let them . , -':take the traffic. Mayor Ferre: All' right, d9 you Weir,. t():Take the -, , - . • '. 1.29 OCT 1 7 1919 Mrs. Gordon: I have some reservations. Somebody else make the motion. Mr. 'Langford: May I say :something,`, Mr. Mayor. Mayor. Ferret I'll tell yota, ,Idon't mind making the_motion. P1t1:aner,. you take the gavel and I'll make the following motion; that we trythis out for 60 days, see how it works and we'll have another, public hearing in 60 days. Mrs. Gordon: You're talking about .the left... Mayor Ferre: Yeah, I'm talking about the no left turn 4 to 6,-Mondays` through Friday on East Shore Drive, is thatthe name of the road? Shore Drive. East. Well whatever. Mr. Herb Krenski: Mr. Mayor, may I say something before you vote on that, please? Mrs. Gordon: Yeah, go ahead. Mr. Krenski: My name is Herb Krenski. I live on 91 Shore Drive West. I live on the street that will be affected now. First of all, I'd like to say that the Bay Heights Association is a romp group that does not represent the total membership of the people that live in Bay Heights. It's a small group of interested, highly motivated, highly politicized people who have tried to take over as spokesmen for our entire area. They do not the people who live in my street, they don't represent the people that live on Semana... Mayor Ferre: You know what the solution is to that, don't you? Mr. Krenski: That's our...we...to join there are dues involved and there is participation involved. Many of us do not choose to join, it's a voluntary association. Now, secondly if I may, the sign •originally was put up because Mrs. Laurence came to this Commission and stated that the cars were speeding down the streets and that they were a danger to children. Now apparently she has no concern for the danger to children on Shore Drive West, Semana or all of these other streest affected if traffic is routed away from Shore Drive East. We feel that if the law merely states that only residents can turn into Bay Heights or people with residential interests as was on the ballot, that this protects everyone in Bay Heights becasue its enforceability your Honor, is only based upon whether the police are able to enforce it. We as citizens can't make citizens arrest. However, we feel that if people see the sign only scoflaws will come in and try to break it. But we don't feel that it would be fair for this Commission, and I'm speaking as a resident of Shore Drive West, to make a speedway out of Shore Drive West and Semana. And that's exactly what this law would do. I don't know if they considered it or not, but I know that Commissioner Plummer stated the obvious. And I oppose it vociferously and so do many other people. Now we may not be here in numbers but we feel very strongly about this. Mrs. Gordon: You know, the purpose in what you want is to keep people from using your street to go out of Bay Heights and go home. But if they wanted to do what was suggested, going down and coming around and then going straight, they could still do that. That would make a loop anyway. It wouldn't stop it anyhow. I think...I think that...you know it sounds like it might help but I don't think it really is. Just inconveniencing some more people. (INAUDIBLE COMMENT FROM THE AUDIENCE) Mrs. Gordon: It would go like this and go down. would like very much to speak. Mayor Ferre: All right, lets give this lady our attention, please. 130 ist OCT 1719%9 Mrs. Ellis. All right, my name is Ester Ellis and I live on Semana..: 30 Semana. Semana, I believe is the shortest street in all of Miami. It frankly is. If you've ever gone in through the gates of Bay Heights, you'll find that you'll make a very peculiar "s". You go forward because you come in, you go right into Semana. It goes around the bend and out. It's a very short.street, there are a lot of homes there and children. Many small children. New,' if people don't go home to their homes in Bay Heights, they have no business being in there at all at that time. Number one, when we first purchased our home, I was so proud as I drove in with my paper showing that I owned and all. And it was 2 minutes of 4 by my watch. I drove in right into the arms of a patrolman who proceeded to give me a ticket because his watch said 2 minutes after 4 and I didn't agrue with him. Whenyour in the process of moving from a home that you lived in for 32 years in Miami,' you don't want to suddenly go to court and fight a 2 minute stand. So I paid by $26.00 and let it go. But it's veryeasy to see who lived there. Ask for their drivers license. And the policemen do it enough, the other people get the message pretty fast because I don't see them going up Alatka unless they are going into Semana or rather Bay Heights as have to do. And I have lost 20 to 30 minutes waiting to get around and turn right at local at Alatka. I. don't think it's fair to the traffic trying to get through the Grove to have me added to that list of cars trying to get through. Mayor Ferre: Mrs. Ellis: I'm very much against a left turn anywhere within Ba Heights because it penalizes the other people who live in there. Mayor;:Ferre: I see. n other words, you against the sign. Mrs. Ellis: I'm.against the' left sign. I,would- like .to,see residents_ be able to go home like they should. -But.: ',frankly think-, that any,, restrictive sign inside ,is going to. penalize.'` And.the .shortness of Semana is really quite, tragic. Mayor Ferre: Plummer, you're running the meeting. Mrs. Ellis: It's the first at the map, you'll see. Mr. Plummer: Chair recognizes Mr. Cole. Mr. E. H. Cole: E. H. Cole, 46'Bay Heights Drive. I would like to capsulize this and say just a couple of words about it. First, the problem that occurred in Bay Heights Drive has been completely eliminated not only for Bay Heights but from Natoma Manner and its surrounding area. The problem was children playing in the streets. traffic turning off into Semena and then racing down the streets. You eliminated the problem completely. From 3 to 400 cars an hour, it dropped down to 20 cars an hour. There is no problem. The problem 31 is that Bay Heights itself is split. The people on Bay Heights... cm Shore Drive West and back on Semana don't like the idea of having to drive another 1/3rd of a mile, turn right into Alatka and right into their homes. In the wildest stretch or your imagine, you would have to crawl to take 20 minutes to accomplish that in the height of the traffic. O.k. That's in your wildest imagination. Now. inasmuch as they dislike the inconvenience of having to drive to Alatka to protect all the children in the area, which is what ,the initial concept was, inasmuch as they object to that little additional drive, then let them have the traffic. If you're going to change and permit local traffic to drive through the area, then that should be coupled with .i no left sign on Shore Drive East because that is the only reason they are objecting to not being able to turn right. That additional drive. 131 OCT 1?iiy Mr. Plummer: You're'; out of order, Mr. Mayor, the Chair young lady. Mrs. Patricia Lyons: My name is Patricia Lyons, I live at 47 Semana Drive. Obviously, we are one of the houses that would be affected by this no left turn sign. And my suggestion possibly, that might make everyone happy, is it possible to establish a low enough speed limit, perhaps 15 miles an hour on the street to discourage people from speeding. I have no objection to the cars coming through on Semana Drive. But perhaps if we made a low enough speed limit we would alleviate some of the problem. Mr. Plummer: I -think to answer your question, could it be done, the answer is yes. Is it going to be affective or enforceable, I think the answer is no. O.k. I'm just giving you my opinion. Mrs.' Lyons: It might be easier for the police officers to enforce the speed limit than to have the no turn signs. Mr. Plummer: Hold on, the Mayor just corrected me. I'm out of order. The Mayor made a motion and there is not a second at this time. Really we should not have had discussion on his motion until we have a second. So I will now call, is there a second to the Mayor's motion? Is there a second to the Mayor's motion? For the third and final time...you can't second it ma'am. Not until you're elected. For the third and. final time, is there a second for the Mayor's motion? The motion dies for the lack of a second. Mayor Ferre: Ladies and gentlemen,; thank you very much for being here and. Mrs. Mayor Mrs. Francine Peters: May I say something;: about that 15 mile an hour Ferre: Of course. Peters: We do have two signs on Shore Drive East... Mayor Ferre: Name and address for the record. Mrs. Peters:. My name is Francine Peters and I live at 235 Shore Drive East. And we have two 15 mile an hour signs. One on Shore Drive East and one coming in from Alatka on Shore Drive South. Do you know that I'm out there at 8 o'clock in the morning when people are cutting through Bay Heights to go to work? And do you know that they are going 35 and 40 miles an hour on two wheels there, and it's never enforced. So I say that the signs are not going to do anything. It's not funny, Mr. Plummer, we do have a problem. Mr. Plummer: My dear, no, you have a problem because I come around there on two wheels but it's a motorcycle. Now... Mrs. Peters: Well maybe so, but I'm always shouting at whose coming around on two wheels and they are in automobiles. Mrs. Peters: You happen to very, very correct. That people will not, unfortunately, abide by the law and that's why we have police who constantly remind them they must abide by the law. Peters: Unfortunately they are not there though, Mr. Plummer.: Mr. Plummer: I understand but ma'am,. I was not...you know, I don that literally, they were coming around on two wheels but... Mrs. Peters:.. Maybe not literally but when they are screaming and they are coming up on practicually your right of way, they are going pretty fast. ist filr. Plummer: I agree. I agree. •••• • ••• • „ Mayor 'Feire: . All right, thank you very much, ladies and gentlemen... Mrs.Gardon: It would be an idea for.us to ask the Dade County -Traffic... . • , . • . . ..: • • _ . • ... • .• • , ., • , • . , • .• •• - • DePartMent-t6•-cOnsidet the reduction of the speed limit for the area '• • and 1 would- so • move. • • Mr. Plummer: Rose, the lady has just stated it's already there. < Mayor Ferre: All right, Mrs. Gordon moves. Mrs. Gordon: I know, I know. But you still have something that will discourage sore vehicles because the sign will be there and I would Mayor Ferre: Mrs. Gordon moves Mayor Ferre: Mr. Plummer seconds. That's motherhood, we're all for that. All right, call the roll on motherhood. This is a motion requesting the County Traffic Department to study and if Possible, put up some more signs that say 15 miles an hour. Mrs. Gordon: To reduce the speed limit in that area. Mr. Pluminer: To reduce the speed. (INAUDIBLE COMMENT FROM THE AUDIENCE) Mayor Ferre: I made a motion, nobody seconded, so that's Mr. , < er• No, you'll have the ,Sign that says local -traffic only. !Ars. Gordon: That was passed before. , mayor Ferre: Well, I'3.1 tell you what you do. You go out and get petitions again. Mrs. Gordon: And you'll also have the slow down of the speed limit. ?ayor Ferre: 1 made a xnotion, Adele, nobody seconded it. What do you want me to do? • (INAUDIBLE • -. • • , • .- • ... _ Mayor Ferre: Well, that 's it... That's ;the way...that's life. ; • • •. All right, now there'sa motion and a second .on reducing the Speed. •. - - • , , „: , •••_. Mrs. Gordon: After the Dade County Traffic Depart.inent.... - - • • .. • : • _ - • , , Mayor Ferre: After the Dade....so call the roll ,on that. <, .• - _•• • , - • The following- motion was introduced by Commissioner Gordon, who moved itsadoption: MOTION NO. 79-702 A MOTION REQUESTING THE DADE COUNTY DEPARTMENT OF TRAFFIC AND TRANSPORTATION TO STUDY THE POSSIBILITY OF PUTTING UP SOME SIGNS REDUCING THE SPEED LIMIT IN BAY HEIGHTS AYES: Commissioner Rose Gordon Vice -Mayor J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre 133 (CONTINUED NEXT PAGE) OCT 1 7 194, NOES ABSENT: Commissioner Armando Lacasa 45. PERSONAL APPEARANCE: MR. O'CONNER T. CLARK (CULMER COMMUNITY DEVELOPMENT ADVISORY BOARD Mayor Ferre: Mrs. Gordon, where is the young lady? Would you come forward ma'am and give us your name and your address for the record. Ms. Gloria Perry: My name is Gloria Perry. I live at 460 N. W. loth Street. Mr. Clark is going to do the presentation. Mayor Ferre: All right, Ms. Perry...I'm sorry, Mr. Clark. Your name and address for the record. Mr. O'Conner T. Clark: Your honor, Vice Mayor,Attornev. members of the Commission. I am O'Conner T. Clark. I live at 911 N.W. 3rd Avenue. I am here in lieu of the Chairman of the Advisory Board absence, Bishop Johnson. May I read the resolution. The Culmer Community Development Advisory Board and citizens are requesting the City Commission to take immediate action on the following recommendations. Number one, that the....that the Commission recognize that Culmer needs economic development. And that the community feels that economic development be administered by a community based organization whose board of directors must be elected county wide. Number two.... Mrs. Gordon: County wide? Mr. Clark: County....community wide. Number two, concur that the existing organization which currently has economic development responsibility in Culmer is not viewed by the Community Development Advisory and community, as appropriately representative of the community. Am I reading too fast? Mrs. Gordon: No, it's o.k. Mr. Plummer: No, sir, but'I wish you'd speak a little louder. Mr. Clark: The said organization has never held a for members of this board of directors. communitywide election Mayor Ferre: You know, we should wait for Father Gibson on this. This.is Mr. Clark: I'd be happy to. Mayor Ferre: See, you know, Father Gibson is smack in the middle. You know, we told him we'd be back at 7:30. And I just don't know how in the world we can take this up without having Father. He will be angrier than H E L L. The way he puts it. Mrs. Gordon: Do you mind waiting until he comes back? Mayor Ferre: My advice to you is if you don't want Father Gibson very, upset, is you'd better wait for that man. All right. 134 ist OCT 171979 There being no further business to come before the City Commission, on motion duly made and seconded, the meeting was adjourned at 6:48 P.M. ATTEST: RALPH,,G. ONGIE City Clerk - • MATTY HIRAI Assistant City Clerk MAURICE A. FERRE Mayor • • 135 LW,- 7 adi,V • IY OF IWAMI DOCUMENT DATE INDEX MEETING October 17, 1979 ITEM NO. DOCUMENT IDENTIFICATION i COMMISSION 1 RETRIEVAL ANION CODE NO. 1 2 3 4 5 7 8 9 10 11 12 13 COMMISSION AGENDA AND CITY CLERK REPORT ORDIA"ICE ESTABLISHING A NEW TRUST AND AGENCY FUND ENTITLED "PENSION" FOR FISCAL YEAR 1979- 80, WITH FUNDS TO BE APPROPRIATED FROM VARIOUS DEPARTMENTS, BOARDS, AND OFFICES OF THE CITY OF MIAMI IN THE AMOUNT OF $16,755,336 AMENDING ORDINANCE NO. 6871 AMENDING ORDINANCE NO. :,6871 EXPRESSING THE CONDOLENCES OF OF THE CITY OF MEMBERS OF THE DEEPEST SYMPATHY AND SINCEREST THE>`CITY COMMISSION ON BEHALF MIAMI AND ITS CITIZENS TO THE FAMILY OF LOUIS WOLFSON, II CONFIRMING THE REAPPOINTMENT OF MITCHELL WOLFSON TO THE OFF-STREET PARKING BOARD OF THE CITY OF MIAMI AUTHORIZING THE CITY MANAGER OF THE CITY OF MIAMI TO EXECUTE AND DELIVER BY QUIT -CLAIM DEED, LEGAL TITLE TO THE PROPERTY LOCATED AT 130 BISCAYNE BOULEVARD. AUTHORIZING THE OFF-STREET PARKING BOARD OF THE CITY OF MIAMI TO TAKE THE NECESSARY STEPS PREPARATORY TO THE CITY ISSUING PARKING FACILI- TIES REVENUE BONDS OF THE CITY OF MIAMI EXPRESSING THAT THE CITY COMMISSION INTENDS TO EXPAND THE CITY OF MIAMI'S RESCUE SERVICE BY ONE UNIT. APPROVING THE OCTOBER 15, 1979OFFICIAL STATE- MENT FOR THE $6, 750, 000 BONDS OF THE ` CITY OF MIAMI FIXING CERTAIN DETAILS CONCERNING,:$3,000,000 SANITARY SEWER SYSTEM BONDS, $1,750000 FIRE FIGHTING, FIRE PREVENTION AND RESCUE FACILITIES BONDS AUTHORIZING THE CITY MANAGER TO EXTEND THE EXISTING LEASE AGREEMENTS WITH NON-PROFIT SOCIAL SERVICE ORGANIZATIONS FOR THE LEASE OF SPACE IN THE LITTLE HAVANA COMMUNITY CENTER RATIFYING AND APPROVING THE ACTION OF THE CITY MANAGER IN EXECUTING THE ATTACHED AGREEMENT WITH A NON-PROFIT ORGANIZATION KNOWN AS THE COCONUT GROVE BICYCLE CLUB, INC R-79-678 R-79-679 R-79-680 R-79-681 R-79-685 R-79-686 R-79-687 'R-79-688 R-79-689 0046 0047 0048 0049 79-678 79-679 79-680 79-681 79-685 79-686 79-687 79-688 79-689 DOCUMEN14N DEX CONTINUED TD1 NO. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DOCUMENT IDENTIFICATION AUTHORIZING AN INCREASE IN THE CONTRACT IN AN AMOUNT NOT TO EXCEED $4,600 FOR THE EDISON PARK POOL -SOLAR HEATING AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE JUNE 20,1978 AGREEMENT BETWEEN THE CITY AND PORTER AND GREEN, INC. AMENDING SECTION 1 OF RESOLUTION NO. 79-588 ADOPTED SEPTEMBER 13, 1979 ACCEPTING THE COMPLETED WORK PERFORMED BY LGH CONSTRUCTION CORPORATION AT A TOTAL COST OF $7,680 FOR FIRE STATION NO. 4-BID ACCEPTING THE COMPLETED WORK PERFORMED BY D.M.P. CORPORATION AT A TOTAL COST OF $176,217.50 FOR NORTHERN DRAINAGE PROJECT- E-44 ACCEPTING THE COMPLETED WORK PERFORMED BY MET CONSTRUCTION, INC. AT A TOTAL COST OF $30,235.50 ACCEPTING DADE COUNTY'S PROPOSED STREET LIGHTING PLAN FOR S.W. 40TH STREET BETWEEN #1 AND S.W. 39TH AVENUE RATIFYING THE ACTIONS TAKEN BY THE CITY MANAGER IN ACCEPTING A GRANT AWARD FROM THE FLORIDA DEPARTMENT OF HEALTH AND REHABILITA- TIVE SERVICES FOR RECREATION PROGRAMS FOR THE MENTALLY RETARDED. ALLOCATING $899,543 OF FY'79-80 FEDERAL REVENUE SHARING FUNDS APPROPRIATED BY PASS- AGE OF ORDINANCE NO. 9000 APPOINTING AND DESIGNATING COMMISSIONER TO SERVE AS THE CITY'S VOTING DELEGATE AUTHORIZING THE CITY MANAGER TO FORARD A RECOMMENDATION TO THE BOARD OF COUNTY COMMIS. SIONERS OF DADE COUNTY TO INVOLVE ITSELF AS A PUBLIC BODY IN THE COUNTYWIDE REGULATION OF THE PRIVATE SCHOOL BUS INDUSTRY GRANTING PERMISSION TO CONSTRUCT AND OPERATE RECREATIONAL FACILITIES PURSUANT TO ARTICLE XVIII-I, PUBLIC PARK AND RECREATIONAL USE ACCEPTING THE PLAT ,ENTITLED WAGNER TRACT, A SUBDIVISION IN THE CITY OF MIAMI ACCEPTING THE PLAT ENTITLED ROVY SUBDIVISION A SUBDIVISION IN THE CITY OF MIAMI GRANTING APPROVAL OF THE VIZCAYA TRANSIT STATION AREA PLAN COMMISSION ACTION R-79-690 R-79-691 R-79-692 R-79.-693 R-.79-.69.4 R-79-695 R-.79-696 R-79-69.7 R�;79-698 R-79-69.9. R-79.C-70.0 R-79-.703 R-79r70.4 R-79-70.5 R-79-708 RETRIEVAL CODE NO. 79-690 79-691 79-692 79-693 79-69.4 79-695 79-696 79-697 79-698 79-699 79-700 79-703 79-704 79-705 79-708 DOCU'MENT4N DEX CONTINUED .IDI N0. DOCUMENT IDENTIFICATION 29 SCHEDULING A SPECIAL CITY COMMISSION MEETING FOR THE PURPOSE OF CONSIDERING THE SALE OF GENERAL OBLIGATION BONDS IN THE AGGREGATE AMOUNT OF $6,7500,00 COMMISSION ACTION RETRIEVAL CODE NO. R-79-711 79-711