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HomeMy WebLinkAboutCC 1979-09-27 MinutesCITY OF •MIAMI MM1SSION MINUTES OF MEETING HELD ON September 27, 1979 (REGULAR) PREPARED EilY THE OFFICE OF THE CITY CLERK CITY H AL L RALPH G.. ONGIE CITY CLERK 4 INS( 1 ITEM NO. CIrMlSSIQifM1r Fl.ORNG IA4 September 27, 1979 SUBJECT INANCE OR sowrIoNil o, PAGE NO, 3-A': 3-B 4 8 9 13 14 15 APPROVE CITY COMMISSION MINUTES OF MAY 22, MAY 24, JUNE 4, JUNE 25, JUNE 26, JULY 20 DISCUSSION OF RIGHT TURN SIGNAL OF SOUTH BAYSHORE DRIVE AT ENTRANCE OF BAY HEIGHTS -SCHEDULE PUBLIC HEARING WITH RESIDENTS OF BAY HEIGHTS AREA TO CONSIDER POSSIBLE ALTERNATIVES DISCUSSION OF ADDITIONAL PERSONNEL FOR THE WEDNESDAY NIGHT "GOLDEN GLOVES" BOXING MATCHES -ASSIGN ONE EXTRA CITY EMPLOYEE PART-TIME DISCUSSION ON CITY OF MIAMI POOLS DISCUSSION OF LICENSING OF PRIVATE SCHOOL BUSES USED FOR TRANSPORTATION OF CHILDREN -FORWARD RECOMMENDATION TO METRO BOARD OF COUNTY COMMISSIONERS DISCUSSION OF PROBLEMS IN THE NEW WASHINGTON HEIGHTS COMMUNITY DEVELOPMENT PROJECT. PERSONAL APPEARANCE: WILLIAM HUTCHINSON ESTABLISH TOURIST INFORMATION -CENTER TO BE STAFFED WITH MULTILINGUAL TOURIST GUIDES URGE FINAL CONSIDERATION AND PASSAGE BY CONGRESS OF THE "INTERGOVERNMENTAL FISCAL ASSISTANCE AMENDMENT OF 1979" (SUPPLEMENTAL FISCAL ASSISTANCE ACT.) EXPRESSION OF CITY COMMISSION SUPPORT OF THE POLICE DEPARTMENT IN CONNECTION WITH RECENT INCIDENT AT THE CLASS RESIDENCE PERSONAL APPEARANCE: AMBASSADOR ESTEBAN TORRES, SPECIAL ASSISTANT TO THE PRESIDENT inre FEDERAL GRANT RECEIVED FOR IMPROVEMENTS TO THE "LATIN QUARTER" ACCEPT BID: PIERCE MANUFACTURING,INC.-REFURBISH ONE 1965 MODEL PUMPER (FIRE DEPARTMENT). ACCEPT BID: RASCAL-MILGO INFORMATION SYSTEMS, INC. 24 FIRE SYSTEM MODELS (FIRE DEPARTMENT) ACCEPT, GRANT "KWANZA FESTIVAL-3RD YEAR" FROM METROPOLITAN DADECOUNTY, FINE ARTS COUNCIL OF FLORIDA, ETC. ALLOCATE $5,000 CASH SUPPORT; FOR 1979'� ALLOCATE CASH SUPPORT FOR:. HERITAGE WEEK" "RE-ENCUENTRO`CUBANO HISPANIC PAY LAWFIRM OF SINTTS & BOWEN THE SUM OF $17 500 IN SETTLEMENT OF CLAIM FOR FEES IN CONNECTION WITH FLORIDA EAST COAST RAILWAY COMPANY LAWSUIT 1 (SEE LATER RES. #79-671) (SEE LATER RES.#79-670) M-79-642 39-43 43-45 . 45-48 PRESENTATION 48-50 R-79-643 R-79-644 R-79-645 R-79-646 R-79-647 R-79-648 50-52 52-53 53-54 54-55 55-56 56-57 • INCEX W1MSIQi OF MIAMI, FL.ORI114 September 27, 1979 ITEM NO. SUBJECT 16 AUTHORIZE CITY MANAGER TO MEET WITH DADE COUNTY OFFICIALS IN CONNECTION WITH DOUBLE TAXATION ISSUES; FUETHER AUTHORIZING THE CITY MANAGER TO RECOMMEND A DOUBLE TAXATION CONSULTANT TO THE CITY COMMISSION 17 PROCLAMATIONS, PLAQUES AND SPECIAL ITEMS: AUTHORIZING CITY MANAGER TO WAIVE THE RENTAL FEES FOR THE USE OF BAYFRONT PARK AUDITORIUM DURING THE MONTH OF DECEMBER 1979. 18 19 PERSONAL APPEARANCE: ERNIE FANNATO IN REFERENCE TO INVESTMENT BY THE CITY OF PENSION FUNDS TENTATIVE APPROVAL FOR CLOSING .OF CERTAIN STREETS. IN COCONUT GROVE ON NOVEMBER 24TH TO PERMIT HOLDING OF A STREET DANCE 20 ALLOCATE AN AMOUNT NOT TO EXCEED $100,000 FOR BEAUTIFICATION OF BISCAYNE BOULEVARD (AREA FROM N.E. 55TH TO N.E. 87TH STREETS). 21 PERSONAL APPEARANCE: GRACE ROC1AFELLAR'REGARDING ANTI -PROSTITUTION ORDINANCE. 22 GRANT REQUEST FOR FUNDING IN THE AMOUNT OF $43,400 FOR THE "GREATER MIAMI INTERNATIONAL FILM FESTIVAL' SUBJECT TO CERTAIN CONDITIONS. 23 SECOND READING ORDINANCE: AMEND SUBSECTION 2-24.1(2) AND 17-26(a)-ESTABLISH ANNUAL FIRE SAFETY INSPECTION PROGRAM; REQUEST ANALYSIS OF BUSINESSES WHICH MIGHT BE PAYING DUPLICATE FEES FOR SUCH SERVICES 24 ALLOCATE $4,330 CASH SUPPORT FOR: "SECOND ANNUAL OCTOBERFEST" 25 TRANSFER AND REPLACEMENT OF "CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY" 26 DEFER CONSIDERATION OF FIRST READING ORDINANCE PROVIDING FOR A`$5.O0:FEE FOR REGISTRATION OF FIREARMS 27 DISCUSSION ON PENSION FUNDING; ALTERNATIVE INVESTMENTS (TEMPORARILY DEFERRED) 28 RESCHEDULING THE REGULAR AGENDA OF OCTOBER 11, 1979 AND THE PLANNING AND ZONING AGENDA OF SEPTEMBER 27, 1979 BOTH TO TAKE PLACE ON OCTOBER 15, 1979. 29 CONTINUED DISCUSSION OF PENSION PROGRAMS FUNDING: (A) ADOPT CITY POLICY LIMITING ANNUAL EXPENDITURES FOR PENSION PROGRAM (B) REQUEST ANALYSIS AND REPORT FROM PENSION ACTUARIES WITH A VIEW TOWARDS OFF -SETTING INCREASED COSTS Page lit tINANCE OR OLUTION MO, R-79-649 DISCUSSION M-79-653 ORD. 8985 M-79-654 R-79-655 R-79-656 DEFERRED DISCUSSION (SEE LATER R-79-672) M-79-658 PAGE NO. 57-58 59 59-60 60-64 64 64-66 66-69 69-72 72-85 85-90 90-91 91-92 92-112 112-115 115-122 II+� CI I fi'IISSIOF MIAMI, FlARIDA September 27, 1979 Page #3 ITEM NO. SUBJECT 30 31 32 33 34 35 36 37 38 39 40 41 42 FIRST READING:DEFINING AND DESIGNATING THE TERRITORIAL LIMITS OF THE CITY OF MIAMI-FIXINGTHE MILLAGE AND LEVYING TAXES FIRST READING: APPROPRIATIONS FOR FISCAL ENDING SEPTEMBER 30, 1980 EMERGENCY ORDINANCE: AMEND SECTIONS 1 & 6 of 8858 -INCREASE APPROPRIATIONS IN THE AMOUNT OF $1,879.00. TO REPLACE STOLEN TYPEWRITERS EMERGENCY ORDINANCE: AMEND SECTIONS 1 & 6 OF 8858- INCREASE APPROPRIATIONS IN VARIOUS AMOUNTS IN ENTERPRISE FUND, IN INTRAGOVERNMENTAL SERVICE FUNDS TO OFF -SET CHARGES FOR P.O.'S ISSUED IN FY 77-78 SECOND READING ORDINANCE: AMEND SECTION 2 OF 8977, CIVIL SERVICE RULES & REGULATIONS, IN ACCORDANCE WITH COLLECTIVE BARGAINING LABOR AGREEMENTS FIRST READING ORDINANCE: AMEND SECTION 38-16-PROVIDE FOR INCREASED FEE CHARGED FOR THE ISSUANCE OF IDENTIFICATION CARDS BY THE POLICE DEPARTMENT FIRST READING ORDINANCE: ESTABLISH AUTHORITY TO DEPOSIT AND DISBURSE INTEREST FROM MONIES WHICH ARE IN CUSTODY OF THE POLICE DEPARTMENT -CONVERT UNCLAIMED MONIES FROM ESCROW INTO THE GENERAL FUND FIRST READING ORDINANCE: AMEND SECTION 54-6 OF THE CODE - PROVIDE A FEE FOR THE ISSUANCE OF PERMITS TO HOLD PARADES AND PROCESSIONS UPON PUBLIC THOROUGHFARES • FIRST READING ORDINANCE: AMEND SEC 54-3 OF THE CODE TO PROVIDE A FEE FOR POLICE AND FIRE PERMITS TO OBSTRUCT ANY STREET, SIDEWALK OR IMPEDE TRAFFIC FIRST READING ORDINANCE: CREATE CHAPTER 69 OF THE CODE "THE BURGLARY AND ROBBERY ALARM ORDINANCE." TEMPORARY DEFERRAL OF FIRST READING ORDINANCE: PROVIDE FOR A FEE -ADMINISTRATION OF SPECIAL OFF -DUTY POLICE SERVICES TO PRIVATE PERSONS OR FIRMS. FIRST READING ORDINANCE: AMEND SEC. 43-8-INCREASE FEE FOR TAKING AND FURNISHING FINGERPRINTING,ETC. FIRST READING ORDINANCE: REPEAL SECS. 39-6 AND 39-7- PROVIDE NEW PROCEDURES AND RENTAL RATES AT MUNICIPAL AUDITORIUM AND COCONUT GROVE EXHIBITION CENTER. APPROVE SUM OF $10,000 FOR THE FIRM OF "E.H. FRIEND & CO." FOR THE PURPOSE OF PROVIDING CITY WITH A CASH FLOW ANALYSIS OF FUNDING REQUIREMENTS FOR THE MIAMI CITY EMPLOYEES' RETIREMENT PLAN. pI NANCE REDSOLUTION° o. PAGE NO, 1 FIRST READING 122-128 FIRST READING 128-155 ORD.8986 ORD. 8987 ORD. 8988 155 155-156 156-157 FIRST READING 157-158 FIRST READING 158 FIRST READING 159 FIRST READING 159 FIRST READING 160 DEFERRED 161 FIRST READING 161 FIRST READING 161 R-79-659 162 Page #4 September 27, 1979 IlEti ND. QRDINANCE Off KKEESOLUTION No. PAGE NO. Ai 44 45 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 46. 47 48 49 50 51. APPROVE EMPLOYMENT BY THE BOARD OF TRUSTEES OF THE ' GENERAL EMPLOYEES' RETIREMENT PLAN OF THE FIRM OF COOPERS & LYBRAND TO PERFORM STUDY ON ALL BROKERAGE TRANSACTIONS COMPLETED CONSENT AGENDA: GRANT QUIT CLAIM DEED TO DADE COUNTY FOR RIGHT-OF-WAY ALONG N.W. 32ND AVENUE ACCEPT BID: JONES EQUIPMENT CO.-159 POLICE HANDGUNS FOR POLICE DEPT. ACCEPT BID: GLIDDEN COATINGS & RESINS ,FOR 1,100 GALLONS OF PAINT CULMER REVITALIZATION PROGRAM ACCEPT BID ACE -PARKER, INC. FOR .- PRINTING 'Y MAILING NOTICES: FOR ZONING HEARINGS ( PLANNING & ZONING BOARD ADMINISTRATION).' SETTLEMENT: ISRAEL AND MARIA-GONZALEZ CLAIM .SETTLEMENTS: a) GENEVA DANIELS, b) MINNIE JACKSON, c) GENEVA DANIELS INCREASE SCOPE OF CONTRACT IN AN AMOUNT NOT TO EXCEE $29,000 FOR THE BUENA VISTA COMMUNITY DEVELOPMENT PAVING PROJECT -PHASE III -BID "A" ORDERING RESOLUTION: NORTH 59TH STREET HIGHWAY IMPROVEMENT H-4452-DESIGNATING SAME FOR PURPOSES OF SPECIAL ASSESSMENTS AS DISTRICT H-4452. ACCEPT COMPLETED WORK: M.E.T. CONSTRUCTION,INC. FIRE STATION NO. 10 ADDITION-1978 FIRST READING ORDINANCE: APPROVING APPROPRIATIONS FOR DEPARTMENT OF OFF-STREET PARKING FOR FY ENDING SEPTEMBER 30, 1980. . FIRST READING ORDINANCE: APPROVING EXPENDITURES REQUIRED BY OFF-STREET PARKING IN CONNECTION WITH MAINTENANCE OF GUSMAN HALL AND THE OLYMPIA BUILDING FOR FY-79-80 FIRST READING ORDINANCE: PROVIDE ASSESSMENT OF FEE IN ADMINISTRATION OF SPECIAL OFF -DUTY POLICE SERVICES PERFORMED UNDER CONTRACT WITH PRIVATE PERSONS/FIRMS I FORMALIZING RESOLUTION: URGE FINAL CONSIDERATION AND PASSAGE BY COMPLETE HOUSE OF REPRESENTATIVES OF "INTER -GOVERNMENTAL FISCAL ASSISTANCE AMENDMENT OF 1979"(SUPPLEMENTAL FISCAL ASSISTANCE ACT.) FORMALIZING RESOLUTION: ESTABLISH TOURIST INFORMATION CENTER WITH MULTI-LINGUAL TOURIST GUIDES. FORMALIZING RESOLUTION: CHANGE CITY COMMISSION MEETING DATES TO:TAKE,PLACE ON OCTOBER 15, 1979. R-79660 R-79-662 R-79-663 R-79-664 R-79-665 R-79-666 R-79-667 R-79-668 R-79-669 162 163 163 163 163 164 164 164 164 164 FIRST READING 165 FIRST READING 166 FIRST READING 166 R-79-670 R-79-671 R-79-672 168 168 CITY SLIF ' IAyII, Fl8RIDA September 27, 1979 Page #5 ITaI tip. SUBJECT QRDINANCE OR KKEESOLUTION NO. PAGE NO. 52 53 54 54-A 55 56 57 58 FORMALIZING RESOLUTION: ACCEPT FEDERAL GRANT RECEIVED FOR IMPROVEMENTS TO THE "LATIN QUARTERS". EMERGENCY ORDINANCE: AMEND SECTIONS 5 & 6 OF 8858 - OFF -SET CHARGES AGAINST 1978-79 APPROPRIATIONS FOR PROFESSIONAL SERVICES PERMIT CERTAIN EMPLOYEES OF DADE COUNTY DEPARTMENT OF TOURISM TO HAVE THE ALTERNATIVE TO REMAIN IN CITY OF MIAMI RETIREMENT PLAN OR JOIN THE FLORIDA RETIREMENT SYSTEM. A DISCUSSION OF THE MG ET -FEDERAL REVENUE SHARING DISCUSSION POSSIBLE ESTABLISHMENT OF THE "STOREFRONT":CENTERCONCEPT (POLICE SUB -STATIONS) TO BRING POLICE OFFICERS BACK INTONEIGHBORHOOD AREAS. DISCUSSION ON POSSIBLE LAY-OFF. OF 175 C.E.T.A. EMPLOYEES EMERGENCY ORDINANCE: MAKING CERTAIN APPROPRIATIONS AND. MAKING THEM CHARGEABLE TO APPROPRIATIONS FOR FISCAL. YEAR 1979-1980' DISCUSSION OF POSSIBLE ESTABLISHMENT OF AN AUDIT COMMITTEE_ R-79-673 ORD:8989 R-79-674 DISCUSSION M-79-675 DISCUSSION ORD. 8990 DISCUSSION 169 176 177 177-179 179-183 183-184 184-185 MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA * * * * On the 27th day of September 1979, the City Commission of Miami, Florida, met at its regular meeting place in the City -Hall,` 3500Pan American Drive, Miami, Florida in regular session.. The meeting was called to order at 9:38 A.M., by Mayor Maurice A Ferre with the. following members of the Commission found be present:` ',:Commissioner Armando Lacasa Commissioner (Rev.) Theodore R. Gibson Cotmissioner Rose Gordon Vice -Mayor J. L..Plummer, Jr. (ABSENT): Mayor Maurice A.''Ferre Joseph R. Grasse,, City Manager L. Fosmoen,,Assistant City Manager George Knox, City Attorney Ralph G. Ongie, ;City Clerk Matty FIirai; Assistant City,Clerk`: An invocation was delivered by Reverend Theodore R.":.Gibson, p led those present in a a pledge g a of-allegience to the flag. 1. APP^OVE CITY COMMISSION MINUTES OF NAY 22,MAY 24,JUI'Tt 4, JUNE 25,JUNE 26, JULY 20 Mayor Ferre: Good morning, ladies and gentlemen. This is a regular City of Miami Commission meeting. I apologize to those of you that have been waiting for half an hour. But one of our collegues, J. L. Plummer, was in the hospital last night and he went home this morning with the hopes ofcoming in and joining us. And I was hoping that he'd be able to do that but evidently, he is not going to be able to so...he's going to try to make it later on this afternoon when we get into the budget process At this time we have the minutes of May 22nd, 24th,•June 4th, 25th, 26th, and July 20th. Is there a motion? Father Gibson: Move. Mayor Ferre: It's been moved and seconded. Is there further discussion,, on the approval of the ,minutes; outlined? Call'' the roll, please. THE MINUTES OF MAY '22nd, MAY.24th, JUNE 4th, JUNE 25th, JUNE 26th,AND JULY 20th,WERE APPROVED ON, MOTION OFFERED BY �1ipi !oi!!.!, ist SEP 2 7 1979 COMMISSIONER GIBSON AND SECONDED BY COMMISSIONER LACASA AND PASSED AND WAS ADOPTED 2. DISUCSSION OF RIG:iT TURN SIGNAL Otl SOUTE BAYSI:O E DRIVE AT ENTRANCE OF BAY EEIGETS-SCEEDULE PUT3LIC-EA?ING IIITY. :tESIDEfTS OF BAY HEIGHTS AREA TO CONSIDER POCSIBLE ALTrD. Mayor Ferre: Take up item number a. Discussion of the right turn signal on South Bayshore Drive at the entrance of Bay Heights for use of residents of Bay Heights only. All right. Mr. Manager. Mr. Grassie: This item, Mr. Mayor, and members of the City Commission was put on at Commissioner Gordon's request. We haveincluded the material that shehas provided to us regarding the area affected Bay Heights. Mrs. Gordon: Commissioners and Mayor. The Bay Heights area has, as we all know, long had the no right turn restriction to prevent transient traffic, primarily, from going into that area and cutting through there, detouring through there to avoid Bayshore Drive. This is presented a great hardship to the residents of this areawho have had to travel the long distance between that entrance of Samana Drive and 17th Avenue to make a right turn to come back into their neighborhood. The distance in itself is not the only factor. The distance travelled when there is no traffic would be probably be a short period of time. However, the restricted hour are during the high traffic hours, and therefore, these residents, some of them that live right inside the wall at Samana Drive, have to spend another 20 minutes of time and wasting gasoline, and for many other reasons, find it extremely inconvenient. So, the recommendation is that we, and I have a copy o: these resolutions which I'm passing down to you, urge us to adopt this resolution which says...it urges the Dade County Department of Traffic and Transportation, to remove the unreasonable prohibition against southbound vehicular traffic making right turns from South Miami Avenue to Samana Drive, in the City of Miami, between 4 and 5 P.M. by exempting from such general prohibition the residents of Bay Heights subdivision who will thereby be permitted to make right turns during the aforesaid restricted hours. I...I'm sure that a lot of the people who are here are here to speak in favor of this removal of this prohibition and if... if you'd like to hear from them or... Mayor Ferre: Yes, Ithink that'. would be appropriate after the Commission makes any questions or comments' that this Commission wishes to make... Father Gibson: May I ask 3 questions? Is it my understanding, or wasn't it my understanding that the people in that area agreed to try what we are doing for a period of time? Have they met and are they dissatsified? I'd like to...all right, you're going to tell us. The other thing is, were all of the people notified and all of the people invited to have an input in what we are going to be discussing this morning? Mrs. Father Gibson: I... justwantto make sure for Mr. Manager, we had an open public discussion of '02 the record. Now.: this . item with' the SEP271979 people in the area, is that right? Mr. Grassie : No, not to my knowledge, Commissioner. Mrs. Gordon: Can I clarify it since I'm involved in the notification as well as in the idea of removing that restriction for residents. I personally mailed, not to individual names, but to residents of each address in Bay Heights, a notice that the Manager was being asked to place this item on the agenda. And these people who are here today are in response to receiving a letter, dear resident. Father Gibson: Let me ask another question... Mayor:Ferre: Was that done by the Manager... Mrs. Gordon: No... Mayor Ferre: Mrs. Gordon: Or was that done by. you? I did that. I did that.. Father Gibson: My question was... Mrs. Gordon.: The Manager could have done it was .well. I'.m not sure if he did not. It certainly would have been his responsibility 'to'"do it. But I was not taking any chances that thepeople would not be notified so I did it as well. Father Gibson: My...my reason for asking the question is, for records sake, I. remember this was one of the hottest issues I've ever witnessed on this Commission. I remember the people who came down here, and the people agreed. One of the things I...I live by, that the people will come together, make an agreement and live with the agreement. Now, I want to make sure if you expect me to vote, I think that the normal procedure ought to be, I don't know if this is normal, that everybody is notified, and everybody has an opportunity to say his say or her say. Now the reason I say that so that nobody thinks I have any hidden agenda, I received a communication which said, from a member who lives over there, that she did not receive a letter, and she did not know whether or not she was being purposely bypassed. Mrs. Gordon: Here, every address got this letter, Father. Father Gibson: Rose, I'm...look, I'm not questioning what you said. I want for the record, so that when that member confronts to me later, I would say..be able to say to the member, I raised the question for you that you asked me to raise. That's my responsibility. Now, if the Manager had sent those letters out, I want to make sure my fellow Commissioners hear this from now on, I would hope that when we go to deal with these items, since the people respond as they do, that the legally designated, authorized person will make sure, so we could hold that person responsible to send those letters out, so that everybody can get them, and everybody have an opportunity to have his or her input. I... Mayor Ferre: You know, Father, the only way...this is a political season, as we all know. And the only way we can avoid politics from entering something like this is to, hopefully, let the administration do it in a way that everybody would receive equal...you know that it's not a selective mailing. Mrs. Gordon: Mr...I resent the fact of the selective terminology. The addresses` supplied to: my office were given to us by the Planning Department And every: address, without knowing who the occupant was, was mailed. Now any inferrence that there was any selection is very, very false. And also, I..I wonder why the Manager is sitting there very quietly, not explaing why he didn't notify the members or the .03 SEP 2 7 1979 occupants...residents of this area? You knew that this was coming up for discussion and, I. asked you to place this matter before us this morning and You 'haven't g y yet responded to that. Mr. Grassie: That' true Commissioner. I'm trying to wait so that I don't have to interrupt you in order to respond. You haven't stopped talking so I haven't had a chance to...very simply, Mr. Mayor and members of the City Commission, the City Commission has taken a position on this particular question, as Father Gibson has said, it has been amply debated by the City Commission, and you have established your position. Now we did not feel it appropriate in that circumstance, to go out and hold public hearings on this before we came back to the City Commission to ask whether or not you want to reopen the question. That is what we are doing today. We're asking whether you want to reopen the question. If you do, we will provide those notices. Mayor Ferre: The purpose of this agenda item, as I recall, was a discussion of the right turn signal on. South Bayshore Drive, at the entrance of Bay Heights. Now, I'm perfectly willing to let those people that have taken time to'come here this morning to express their opinion, but I don't want you to misunderstand or misconstrue that this is a public hearing. O.K.? So how many...are there any other members of the Commission that want to make a statement or ask questions on this subject? If not, how many of you would like to speak on this matter this morning? 1,2,3, 4. All right, if you would...there's the microphone. As you come...as you use the mike, please identify yourself. You name and address for the record. Make your statement. Does anybody need more than 3 minues? All right. I'm not going to select who goes first. You decide that. Whoever wants to go first....lets... Ms. Adele Lawrence: Adele Lawrence, President of the Bay Heights Home. Owners Association, 272 Shore Drive East. This matter was brought to my attention by some residents who had received this letter. I have never received any notification of this item on the agenda. There were many other people who also did not receive letters of this item because I called to findout if perhaps it was just an inadvertant oversight. And it appeared as those it were a selected mailing. Ms. Lawrence: Whether it was or not, I don't know. But this is the way itappeared when not only was the President of the Homeowners Association not notified, but many of the other residents were'nt also. This is an item that comes up for review annually at our Bay Heights Association meeting. And if you recall, this was a matter of no less than ;3 public hearings. uriginally, the issue was brought before the Commission because we were suffering a severe traffic problem in Bay Heights. Not only were we having a lot of transient traffic, but the cars were coming through in such a reckless manner...our streets are curved and winding and they would come around the curve and up on the grass. And some little children playing on the sidewalk were almost hit. The Traffic Department worked up a plan for us that was totally unacceptable to the residents of Bay Heights and Natoma Manor. They were going to have one way streets going in confusing directions. They were going to close off the Tigertail entrance to Bay Heights. This matter severely divided our community. It was very acrimonious, it was very devisive. There were those who want the Bay Heights...the Tigertail entrance closed at all costs because they wanted to protect the safety of the children. And then there were others who, of course, didn't want it closed. We came before public hearing and it was thrown back at us, "why don't you people work it out and come back to us and tell us what you want." And at a Bay Heights meeting we developed several alternative plans and put them to a ballot. And we distributed '04 to everyone in Bay Heights and allowed them the opportunity to vote on. which plan they preferred, and then it came up for a second public hearing before the. City Commission. It was very lengthy. There were people from all over the community. People from...not only Coconut Grove that are involved but commuters that pass through the area going as far as south Dade. It was approved unanimously by the City Commission to allow us a one year trial period with these no right turn signs. We came back at the end of a year before the City Commission, at another public hearing, at which time the residents stated, the majority of us were very satisfied, it alleviated our traffic problem while it did cause some inconvenience to those of us that live in Bay Heights. It was timed and it took only 2 minutes to get to Alatka from the Bay Heights entrance not 20. In order to go all the way around and come into Bay Heights and get to my house perhaps it might add another 5 minutes. But from the entrance point to Alatka it was only 2 minutes in the middle of traffic.. And we decided that we would prefer to live with that inconvenience rather than risk the problem of endangering our children. Now this item of making the right turn exclusive for Bay Heights residents comes up at every Bay Heights meeting and it came up at the public hearing too. And it's something that sound lovely for us except that it was discarded at that time because the City Attorney said that it was illegal and unenforceable. And it is my fear that if this item is brought open again that we will lose our no right turn sign. Mrs. Ms. Adele, what is your address? 272 Shore Drive East. Mrs. Gordon: You're on the list of those that received. We don't know who lives in these addresses. We weren't interested in who was the occupant. Simply that the resident, received a notice. So you are on thelist. And if you didn't get it the United States mail maybe at fault. But certainly no other explanation that I can think of. Ms. Lawrence: I apologize. The only way that 1 I got phone calls from very concerned residents. Mrs.'Gordon: And you may:ask them and look here to.see if there names. or their addresses are on that list. learned about it was Ms. Lawrence: They,were...I got.a;phone callfroma.`.resident as far .away ... who is.out'of town in Pittsburg, who'called me",long `distance .to"please make'sure that we don't lost our sign. Mrs. Gordon: Do you know their address? Ms. Lawrence: Their at the corner of...I don't know it off hand. - Mrs. Gordon: 0.k. It's immaterial. The idea is if there are any doubtful people here who think that there were exclusions or any attempt to exclude anybody, is free to look at this list which was supplied to us. And we used this entirely in sending out an anonymous resident notice. Ms. Lawrence: While there are people that, you know, are unhappy with the sign and would like to be able to turn right there, the majority of the residents are happy... Mrs. Gordon: Adele, it would be impossible for us, this Commission, to sit -here and make any kind of judgment, unless you were here and other people were here to express a viewpoint. Now, you know, uni-laterially I don't live in Bay Heights. I suffer the traffic problem getting through Miami Avenue, as well as those people who live in Bay Heights because I come down South Bayshore Drive and avoid that South Bay... Miami Avenue route constantly because it's terrible. '05 Ms. Lawrence: I appreciate you. concern in wanting to help us out. I get phone calls periodically interviewing me on this issue. ,The newspapers have made a big issue out of the fact that the no right turn signs make us an exclusive area. And I think they would really' be jumping on our back if itwas exclusive to Bay Heights residents. only,, if the rest of the world could not use public streets but only'"; Bay Heights residents could turn right there. Mrs. Gordon: Well, I think there• maybe a variety of viewpoints there are more than one resident here so Ithink... Ms. Lawrence: I would..I would`notbe opposedto .residents only turning right there. My fear is that because that we 'were told it was illegal, and unenforceable that we would lose our sign all together. And that's the fear of the residents who are opposed... • Mrs. Gordon: Well certainly the same theory could'be used in putting; the sign up in the' first place, if any one;. wanted to say, you know, here' the prohibition agains the use of public streets, for.whatever reason. So, at any rate, Mr. Mayor, I think you've limited debate' Ms. Lawrence: Thank you. Mayor Ferre: All right. Father Gibson: Mr. Mayor, 1 just want to make sure that...I want to make sure that everybody understands that I'm not on either side. I have the letter. Here's the letter. The record is clear. It says, Dear Father Gibson, it has been brought to my attention that Commissioner Rose Gordon has asked Mr. Grassie to put a matter of vital concern to the residents of Bay Heights on the agenda for this Thursdays's City Commission meeting, :September :27th. According...according to the letter she sent to selected residents in Bay Heights, she intends to reopen of the issue "no right turn" signs. She proposes to make this restriction exclusive for the people who live in Bay Heights. Period paragraph. I would like to request that you take this item out of order on the agenda, and schedule it first so that I may take a few minutes of the Commission's time to address this issue as the elected representative of Bay Heights Homeowners Association before you vote on it." I just wanted to make sure that I got this from a citizen... Mrs. Gordon: Who signed that letter, Father Gibson? Father Gibson: Rose, look, now I...I a citizen wrote it to me and.. Mrs. Gordon: Is that your letter, Adele? Adele, is that your letter?; It's Adele. Adele, did you sign? Father Gibson: you know that I She signed the. letter. I just want:. to make, sure that did not manufacture this issue.'You" know...ok.:'" Mrs..''.Gordon: O.k. A resident, Adele signed that letter communicated directly to Father Gibson. Mayor Ferre: All right, next speaker. I'll tell you so it's simplified for the record, let me submit...let me read the rest of that so that we can have it all very clear into the record. That was the first part of. the letter. The second part of the letter goes like this. 'The Bay Heights traffic issue was the subject of no less than 3 public hearings. It was an acrimonious and diverse subject with solutions presented by the Traffic Department that were totally unacceptable to the residents of Bay Heights and the neighboring area of Natoma Manor. The proposal submitted by the Traffic Department was to close off the Tigertail entrance leaving us with only one exit and entrance. The conclusion of the first hearing was for the residents to go home and work out their own plan. Homeowners Association came up with several alternate plans at their meeting and submitted these alternate plans to a vote of the community by sending a ballot to every house in Bay Heights. Tallies of this vote showed overwhelming support for the 2 +A) SEP 271979 hour restriction to right turns into Bay Heights during 4 to 6 P.M. A second public hearing was scheduled in which everyone had an opportunity to be heard. It was a rather lenghty and impassioned hearing resulting in the Commissions vote to approve the citizens plan on a 1 year trial basis. It was a fine example of grass roots democracy in action. After the year had passed, it came up for review by the City Commission at a third public hearing, and won final approval after hearing from those citizens directly affected that they were pleased with the solution. The issue of exclusivity, to which Mrs. Gordon addresses herself to now, was brought up at the time and discarded because it was not legal or enforceable. I'm sorry that Commissioner Gordon has chosen to bring up this diverse issue again, at a time when harmony has returned to the neighborhood and the residents are happy with the way we have resolved this traffic problem. Perhaps Commissioner Gordon has forgotten that she was present at all 3 public hearings and voted in favor of the present traffic signs as they are. I am wondering why she chose to send this letter notifying people ofher intention to bring this issue before the City Commisison,to only selected residents of Bay Heights and has not notified everyone, including me, the President of the Homeowners Association. I received phone calls from alarmed neighbors who had received her letter asking me to represent them at the Commission for the people of Bay Heights." And I submit that into the record. I think I gave you a copy. Mrs. Gordon: That's fine. .I'd like to ask a question. Adele, maybe you can clarify. You probably have it at the tip of your fingers. When was the last public hearing? How long ago? Ms. Lawrence:. I'm `sorry, ` I-d Mrs. Gordon Ms. Lawrence: - Mrs. Ms. Lawrence: And in that...in'that...in "'the minutes of that meeting, also, `I belie . ' vewe have"a:record of=:the vote that Bay Heights took. We have the numbers, of the... Mrs. Gordon: Isn't true also, Adele, that since that period of time, therehas,becomea serious<situation.with regard to gasoline costs and the. energy• crunch, and other -factors that"are important to people. Ms. Lawrence: Of course. But I wouldn't put gasoline crunch over the lives and, the safety of our children. Mrs. Gordon: Do you think the residents should walk from the entrance to their homes, then? Because if .they are not going to drive their cars, apparently, that's what you wish, then you have to provide a parking lot on the outside of Bay Heights, you know. You're saying the safety of the •children, we'ce not asking for the removal of the signs to transients. We're simply saying that those people, who have..who are paying taxes have the right to get to their homes by their own vehicles, should be allowed... Ms. Lawrence: If you think ... Mrs. Gordon:. to do so without having to spend an additional period o time and a lot of extra gasoline to get there. Ms. Lawrence: Commissioner Gordon, .if you.assure that we would be able to enforcethe sign, and not lose our'sign all together then I would be in favor of this restriction. Mrs. Gordon: All right. All right,,then--I would think if you didn't try, you would never know. It'slike a lotof •otherr things, you must give it a trial. Give it a sixmonth trial. See if it works. If it doesn't.. '07 Ms. Lawrence: It was the City Attorney that told us it was illegal at the time and that's why we had to discard that. Mrs. Gordon: I understand. But I've seen our City Attorney, and I'm not saying anything derogatory about this one or any othercne, but they do change their minds from time to time. Ms. Lawrence: My fear is that we would lose our no right turn sign all together and that we would be back to the problem In the lold minutes we even have the number of cars that were coming through Bay Heights at that hour. So all the statistics are there. Thank you. Mayor Ferre: All right, lets hear from the next speaker. Mr. Richard Lyons: My name is Richard Lyons. 1 live at 47 Samana Drive in Bay Heights. I'd like to respond to a few of the comments that have been made by Mrs. Lawrence. Mrs. Lawrence does not represent the majority of the homeowners that live in Bay Heights. The Bay Heights Homeowners Association is strictly a voluntary association. There is no mandatory requirement that anyone belong to this association. And she together with, I believe Mr. Plummer many years ago, circulated a petition which was forced upon the members of the association and those other people who lived in Bay Heights, which gave 3 options. The options were, to either permanently close the entrance to Tigertail, or permanently close the entrance at Samana Drive, or this ridiculus and stupid sign. It did not give you an option to leave thins the way they were or do nothing at all. And most of the people signed the petition and selected the no right turn sign because they were afraid that we would be locked into Bay Heights in the event of an emergency or catastrophe that might befall us, such as a hurricane or a major fire, and people would not be able to have ingress and egress to Bay Heights. So the petition itself was a lopsided petition. It did not fairly represent the alternatives that were open to the members and the people who lived in Bay Heights. The next point I'd like to bring out is, you have selective enforcement by the Police Deparment. They do let certain people who live in Bay Heights get through without ticketing them. Other members of the Police Department will ticket people who make the illegal turn. In addition to that, you have judges who are forcing the county traffic ordinances who also are selectively enforcing this sign. They will disregard certain...they will throw out of court tickets that were given to residents and other judges will enforce it. So you don't have a uniformity of enforcement either by the Police or by the Court System. In addition, we've been talking about you can't put residents only because it's selective. It's...it would be selective. However, at the corner of Miami Avenue and Alatka, you do have such a sign. It says no right turn except for Local residents. And certainly if you could put it at Alatka, and its been.there ever since the inception, you certainly can put it at the corner of Samana. And I beg to differ most strongly with Mrs. Lawrence when she says it takes 2 minutes to go from Samana to Alatka during rush hour,. It has taken me as long as 25 minutes because the traffic has been backed up to 32nd Road. And that is north of the museum. And then I get up to Samana and I have to sit there for another 15 minutes just to get down to Alatka because Alatka, Miami Avenue or Bayshore Drive narrows into a 2 lane street. The streets in Bay Heights are like all the other streets within the county and within the city. They are public streets. The were platted back in the 20's. The were dedicated to the public use and I think it's most unfair and unjust that a few people have chosen to single their residence as an exclusive area and prohibit other tax payers from using the public streets. There's no...and I suggest and I urge that the posting of this prohibition, this sign, is an abuse of the police power and I'd like to see the sign removed. Mayor Ferre: Totally? Mr. Lyons: Well I would prefer to see it removed totally but I would be acceptable to allowing residents to turn in. Because I come i '08 r office is on N.W. 7th-Street and 12th Avenue. And if"I cat take I-95 home at night, during the height of rush hour, it takes me about 5 to 7 minutes to get home. If I have to come...if I have to stand in that traffic to go from Samana to Alatka, around the corner, it takes me as much as another 20 to 25 minutes to get home. 0r my alternative is to come down 17th Avenue. And at 17th Avenue and U.S.' I, it's almost impossible to get across that street. Mayor Ferre: Let me understand this right, Mr. Lyons. You don't live in the Bay Heights area, per say. Mr. Lyons Mayor Ferre I live right in the middle of Bay Heights. Right in the middle Mr. Lyons: 0n Samana Drive. So I have a choice of coining from my office at...during rush hour, either I-915,.andf:I.canr,turn right a ; Samana I get home in about 7 minutes. If.I .ihavetogo around the corner it takes me about another 20.minutes. And if'I have to come home down 17th Avenue, it takes me almost a half an hour to; get home. And that's why I pay the taxes I do, ,to live where I do so I. can get home at a reasonable time and without having to waste fuel. You - know, our President .is asking us; to be economical. Florida Power• and Light says push the it: up to 80. Lets not be fuelish. Well, this is another waste of fuel and is an abuse of diseretion. ;I thank you very much. Mayor Ferre: All right, next speaker. Mr. Richard Rosichan: My name is Richard Rosichan. I live at 141 N.E. 45th Street. I'm not.a resident of Bay Heights but my father is a resident of it and he's not here. He didn't know about this meeting and I know several other, people in Bay Heights who did not know about this meeting. And I, myself, was a resident of Bay Heights for 31 years so I'd like to first of all, give you a couple of names... Mayor Ferre: Mr. Rosichan: Your name isn't,Adele I'm. Kantor, is it? Mayor;Ferre:. That's...that's just...you-weren't here before but there was some questions and I.was -just...` Mr.,,Rosichan: O.k. First of all, I just spoke over the phone with one Arthur Stein whom I know lives at 61 Samana Drive and who was unaware of the timing of this item and he told me that he would like me to speak on hisbehalf and use his name as being completely opposed to this restriction. I' know one family next door to my father, the Basha family, which was split on this issue. The husband was in favor of the sign and the wife was opposed to it. And I know one other fellow who lives in Bay Heights who is opposed to the sign but I don't have his name. But I know there is a lot of opposition to the terms of this sign. And I'd like to point out a couple of discrepancies that have been raised in connection with this. First of all, the sign at the corner of Alatka and South Bayshore Drive, if I'm not mistaken, does.not say local residents only, it says local traffic only. And this means that not only residents of this area may make a right turn during this period but also people that are visiting residents of this area may also make a right turn. And I feel that in this respect I...I have a legitimate interest because I've had to drive all around Bay Heights when my only intent was to go visit my father who lives at the north end of Bay Heights. At the opposite end from what is the only legitimate entrance during this period. And also, in a previous Commission meeting when this matter was originally raised, I believe in 1977, Adele did assert to the Commission that the residents of Bay Heights did have the right to completely enclose their area and post a guard in the manner of Bay Point. I remember reading that, very clearly because I remember thinking to myself how completely false it was. And 'it's simply not '09 SEP 271979 ""-"m11.'AMINIM true. As he said, these streets of Bay Heights are dedicated to the public. So I would...I would like to suggest that if the sign is changed, that it should at least local traffic so that it could provide not only for residents but also for people that are legitimately visiting these residents. Thank you. Mrs. Gordon: I was just handed a coupleo“ettervthat were returned by the Post Office and this is very interesting. It's addressed to the residents of 161 Shore Drive South, and the residents of 289 Shore Drive East. And the Post Office returned it to sender, addressee unknown. I think we ought to send to the United States government for a refund of at least 30 cents. Address unknown. I don't know how many more addressee's unknown that will come back tomorrow or the next day, but here's the evidence right here. Dr. Robert Hymes: I/m Dr. Robert Hymes. I reside at 24 Pinto Road in Bay Heights. APProPo of what Mrs. Gordon just said, we are having an investigation, or at least we have prompted one with the Post Office here because I have received at least 12 letters that have been given to me during the past 3 months that have had addressee unknown with the proper address, so forth and so on. So apparently the Post Office here has been making mistakes and that they are apparently going to check on it. So this is not an unusual thing. Both stocks and dividends and other things have not been received. Apart from that, I wish to say that Mrs. Lawrence here has stated a personal opinion, as far as I'm concerned, because having attended a couple of the Bay Heights meetings the expression that she describes is a very biased one on her part because the disucssions that we had at that time, were largely in favor of something as has been suggested by Commissioner Gordon. The only thing is that this bug a boo that she has roused has always come up. If we try to modify anything they are going to take everything away so we better not, and so forth and so on. But the great majority of people, as far as I was able to notice, and as evidenced by the fact that you may have received letters from the President of the Bay Heights Association stating that other people have been opposed to the change, nevertheless, none of them apparently have shown up here. She's the only one who has shown up. And all the rest of the people who are here are most graciously willing to give up their time, as I have given up my time, to see to it that we do make the change. Not only am I delayed, and other people, but many of the people attempting to get to the hospital coming up that area. I also have to make rounds at the hospital and am delayed because of the additional traffic that could immediately be gone off into Bay Heights must continue around there. And this is just one of several reasons. Mayor Ferre: All right, thank you, Docotor. Next speaker? Mr. Robert Little: My name is Robert Little. I live at 51 Semana Drive. When my wife and I looked at this neighborhood, one of the reasons that we chose this neighborhood to live in was because of its convenience to the City. The fact that we would not have to spend a lot of time after work driving home. At the same time we were looking at this house, we were looking at one a little further south and we competed with the rest of the traffic on U.S. I one afternoon. Another afternoon the traffic on Bayshore Drive, Ingraham Highway, Old Cutler Road, we decided that Bay Heights was the place for us to live. When we talk about local traffic only, and we talk about whether or not it's legal for the Bay Heights residents to turn right, I would like to point out that, as I go home and get off Interstate 95 and come down Miami Avenue, I can't turn right on Semana because there's no right turn. I go to Alatka it says, Right turn...no right turn except local traffic. So I turn right since I'm local traffic. I go up to Miconopy, I believe is the street, which is a stop street and it says no left turn. So I continue straight on to Tigertail. There is a stop street and that stop street says no left turn. So the only way I can turn is right since Alatka coming the other direction is one way. And what I am saying to you Mr. Mayor, Commissioners is that the thing that we are asking for •10 orr, .. z.• • through Commissioner Gordon, is the same thing that we have now, except it' eliminates the traffic around through Alatka and saves the residents... I know for myself, I've waited as long as 22 minutes to go around that particular circuit. And it's the same thing that we have now. Residents only. Because for those people turning right on Alatka, the only way they can go and continue to obey the traffic rules is into Bay Heights. So we ask your consideration. Mayor Ferre: All right, thank you Mr. Little. Ladies and gentlemen, in the interest...in the interest of saving time, and I think...lets see if we can cut through this. Adele, as I understood your statment, you have no objections to the request of new sign, provided however that it is legal. Is that correct? All right. Does anybody here have any objections to the new sign if it is legal? All right, now I see nobody that has objections under those conditions. Do you have an objection? Mrs. Mayor Gordon: No, they are all in Ferre: The sign says... Mrs. 'Gordon Mayor Ferre: No right turn. favor of it. o right turn except for That the one that's on Alatka. atSemana. Mrs. :Gordon: duplicated again Mayor.Ferra All, right, now. predecessor who gave us a rul a ruling that we could not se nature. So the question then come there is one a couple of Mrs." Gordon:. At Alatka. local traffic. And, that should be Mr. Knox. I think it may be your ing on that. But evidently that we had lectively enforce a traffic sign of that comes up, if it's not legal then how blocks down. Mr. Knox: Now, Mr. Mayor and members of the Commission, the ultimate decisions regarding this question, of course, rests in Metorpolitan Dade County Trans...Traffic and Transportation Department since Dade Countyhas preempted the regulation of vehicular traffic on all streets within and throughout the County. I do have an opinion, however, and if you wish to hear it I'll be happy to render it. Mayor Ferre: Of course we wish to hear it, you're the City Attorney. Mr. Knox: Again, my opinion would not necessarily comport with an opinion by the Traffic Department. I guess that was what I was prefacing. Prohibitions...well,restricting traffic upon the streets to so called local traffic does not represent legal difficulty, in our opinion. Because local traffic only means that there shall be no through traffic and that the destination is within the area to which that street leads. There would however, in our opinion, be a legal problem concerning a lack of access to public streets and ways if the access to the Bay Heights area were limited only to residents. Mrs. Gordon: I agree with you on that. I would much prefer the local traffic signs that would then permit guests of residents to be able to enter as well and. Mayor Ferre: How do you...how;do Youenforcea sign like that? I mean, do you have to prove that that person...you'd have to catch him both entering and exiting to prove that it isn't local traffic. Mr. Knox: The...again, there are difficulties of enforcement unless there were someone to inquire as to the destination of the people who made the right turn, for example. And specifically, these kinds of signs were developed in order to keep trucks and commercial traffic out of residential areas. This was the original intent of the local traffic only signs. '11 SEP 2 71979 Mayor Ferre: Mr. Grasale, let me ask you a -question. We've had that sign up now for 2 or 3 years. 3 years. 1 year on a trial basis and 2 years since then. On that...there was a time when there were' policemen ticketing people all the time as they made right hand turns during certain hours. Has that continued? Mr. Grassie: No, Mr. Mayor, it has not continued on a full time basis. It is. done selectively as the department feels that the traffic pattern is developing, what you would call bad habits. But we are no longer doing it on a full time basis. Mayor Ferre: All right, so in other words that practically is unenforceable anyway. Mr. Grassie: It is unenforceable in effect;_we have a s Isn't it? strictly. We can enforce it.. Mayor Ferre: Practically, I'm talking about. Mr. Grassie: that. But we gn In terms of the grossest kind of. violations, we can 'avoid '' cannot avoid 'repeated infractions'of it, .that's true. Mayor Ferre: In theopinion of the administration of the Police Departmen do people, in fact, pay attention. to that sign? Or do people just violate it? You know•we went through_ that period inthis country, with prohibition, you know Mr. Grassie: I would have to give you an estimate. I about 50% compliance, Mr. .:Mayor. . Ms. Beverly Langford: Hello, my name is Beverly Langford. I live at 281 Shore Drive East. There is an average of about 25 to 30 cars that do come in illegally. Because I take my bicycle and I watch the people that are coming out. The police do come, I think once a month, they come and they give out their tickets. Other than that, they don't come. I do...I have called and asked them to come and no one has come. And I've had a lot of trash and litter coming from people coming down the street. And most of all, my main concern is their speed limit. They are going 50, 60 miles an hour. And I nigh just say.... they are... (INAUDIBLE COMMENTS FROM THE AUDIENCE) Mayor Ferre: All right, all right... Ms. Langford: I live on Shore Drive East not Seman Drive. And when they come in they take immediate left turn which is one my street and they are driving that fast. I'm very sorry. I had my cat hit a few weeks ago and it happened from somebody between 4 and 6, and they were not driving the speed limit. Thank you. Mayor Ferre: All right. row. I think the dilemma that we have is this. What we have now .s obviously not to the liking of an awful lot of people. On the other hand, what is proposed, if it is unenforceable is not to the liking of a lot of people, especially those who have children. Because their concern about people speeding in there on their way to another place and jeopardizing the safety of residents in that area. Technically, that is not a major arterial. Nor is it a through way even though that's what the problem is. Now, people don't want the exit closed to Tigertail, then we're up with this problem The problem is, do we inconvenience some people by not being able to turn in and having to spend 15 or 20 minutes going around. Or, do we inconvenience a lot of children and other residents who want some kind of protection for people planning in .12 would say we have • in the streets. And I think...I think, you know, it's not an easy thing to decide. I sympathize with what you want. And I think...I want to make sure, Adele, you understand where this thing is going because I'm going to be guided to a great sense by your feelings and that of people....because I think she is entitled as you are entitle, as you are entitled, ma'am. And if I had children and I lived there.. UNIDENTIFIED SPEAKER: May I speak, Commissioner? I want...Mayor, may I speak when you're through. Mayor Ferre: question. 111 let you speak in a`moment afte r Adele answers m UNIDENTIFIED SPEAKER: Adele has been up here a long time. Mayor Ferre: I'll let you speak question. Adele, if -we go ahead legal opinion that it is legal. you don't have any problems with ma am as soon as Adele answers my and -put that sign upe, wnow have ,a Now,,I want to, ask you one more time, that? Ms. Lawrence: The item :was not t of Bay Heights... Mrs. Gordon: Well local traffic local traffic only but the_aMendment now. residents,. Mayor Ferre: But I think, that would be illegal because you cannot restrict. the street to people.:..it's a public street and it must -be'': used' by the public. That makes the sign.totally'ineffectual Totally. Ms. Lawrence: Mrs. Gordon: Local; traffic?`.: Mayor Ferre: Mr. City Attorney, again to you, the question now.is can we put a sign-up: that says, providing that Dade *County people' permited, no right turn except to residents? Mayor Ferre: No. .No. That's not the question. That was the question before:. -The answer to that question was, yes that can be done, no it is not illegal:. Now the question is can you put no right turn except for residents? Our opinion as to answer that question is that it would be ' restrict 'the ingress to residents only. Mr. Knox: illegal to Mayor Ferre: Toresidents only. So the answer is that sign is illegal. Now, Adele, let me ask you again. It is illegal to do what yousaid you would accept. Now would you accept, you and your people,-> accept no right turnexcept for local traffic. Ms. Lawrence: (INAUDIBLE) Mayor Ferre: Into the Microphoneso we... Ms. Lawrence: The. reason that:the`sign on Alatka is effective to local residents only is.because you`canturn left and head north on any of the streets coming offof'it.. That's the only reason that makes it a truly local sign.:"But if we ;put it in:Bay Heights, there's nothing to prevent the. problem... Mayor Ferre: So, so answer my question. Ms., Lawrence : From reoccuring. No, I think that if we were going, to' change the whole thing again, I think we would have to have another public hearing so that the whole community could be involved. Mayor Ferre: All right, now lets.. 13 SEP 2 71979 Ms.'Lawrence: Because that changes the whole meaning of the sign. Mayor Ferre: •Lets let the otherspeakers. All right, yes ma enl. Ms. Harriet Dentbrold: Well, I really think that there's a lot more important.. Mr. Ongie: Your name, please. Ms. Harriet Dembrow: my name is Harriet Dembrow. I live at 24 Shore ' Drive East. I live on the same street that all the traffic comes in. I'm out there watering my grass. I ride my bicycle just as all the other people do. I have not'noticed any excessive driving or people breaking the speed limit since the sign has been up. But I was not really aware of anything that was that traumatic before that. I know that people with children, naturally, are concerned. We have raised 3 children there. We did not consider the neighborhood a playground so that the children could be out on the street in front of their homes. Most of those homes have .fenced yards. They have areas where the children can play. There is no reason for them to consider that the streets belong to them at any hour of the day. However, I realize that to have some kind of protection there so that the traffic is restricted with a right turn for local residents only, would be very effective. I think that not only considering Bay Heights, but we're getting away from considering the entire congestive are of South Bayshore Drive and Coconut Grove. That whole area has a tremendous traffic problem. When you pour the cars of 150 families on that street, you are being very restrictive and causing a great deal problems for that entire Coconut Grove area. It is unfair to the people living outside of Bay Heights that you do not let the Bay Heights people turn in during traffic hours. We are an additional group of cars that have no business being on that road for 20 minutes. MayorFerre: All right let me...lets see if we could through this way. As far as my personal opinion is, I want to do whatever the majority of the people within that area want to do. It seems to be that you represent that majority of the people, but I'm not sure. So I think the simple way of doing this, Joe, is if you could allocate 1 or 2 people and within a period of 1 week, there are not that many residents there, go an poll every single home and have these people write yes or no on a piece of paper. And we will be meeting here in October...in a week or 2. October the llth. Mrs. Gordon wants to change that. It will probably earlier now. It will be in the first week of October probably, our next meeting, which is next week. Do you think it could be done? How many residents are there? Mr. Lyons: Approximately 180 homes. Mrs. Gordon: Maurice, why couldn't the Manager send a letter to these people with a Yes or no and ask for a response. Why send the manpower into the street? Mayor Ferre: Because I think if we send a person around, you'll have it within 2 'or 3 days. If you send letters....Fine, I have no problem with that. Do it by mail. I have absolutely no problems as to how it is done. In my opinion, what's going to happen is that half of the people don't really care and they aren't going to send anything back. And therefore, we're going to be back to where we were with 90 people responding.' The best way to do it, send letters out and send a follow-up to get an answer, a written answer, by the 180 homes that are in that area. And whatever the majority wants to do, is I think the simple solution. Mr. Lyons: Mr. Mayor, my name is Richard Lyons again. I live at 47 Semana Drive. Mrs. Lawrence's problem seems to be one of speeding cars. Why can't the Commission urge the Police Department to enforce the traffic laws. The speed laws within Bay Heights, as opposed to the no right turn. I mean, if it's a speeding problem that she's concerned 1111 111 II III 111111111111111111 • 4•1 '14 SEp 2 7 1979 with, I mean, we could make everybody happy.Have the police enforce the speed laws and let those who want to enter, enter. Because the street is not a proper place for the children to be playing in the first place. And there's certainly adequate areas in Bay Heights for those children who live in Bay Heights, to play in protected areas. So I mean, if is a speeding problem, just let the police come in and enforce the speed laws. Thank you. Mayor Ferre: All right, Mr. Lyons, thank you. Ms. Lawrence: Mayor Ferre? Mayor Ferre: All right, yes. Ms. Lawrence: What's happening here is I think exactly,what the people who called me alarmed about this letter were worried about.' That after all that we went through to have these signs put.` up, 3`;public,hearings in which people from all over Miami came. And it's an'inconvenience for people that work to come down here during the' day,"everything that we went through to get the signs put up and s going to be totally ineffectual. If you'll check back at the statistics that were done by the Traffic Department, by the volume of traffic that -was coming down. These signs have cut down the volume termendously." Sure, there are still people who break the laws, but the majority of the people obey the law. Mayor Ferre: Mrs. Kantor, these,<14 peoplethat are here have just as much a right as the rest of"the 180 people...or the remaining 100 and. Ms. Lawrence: Mrs. were at those:public hearings too. But that was 3 years ago. Mayor Ferre: I understand that and I understand what the process was. There are 14 citizens here today who have a different feeling. That is 10% of the people that live there, I assume. I don't know whether there are 2`members per family here or they are each representing 1 home... Ms. Lawrence: We're just concerned that we would be back to the original traffic problem... Mayor Ferre: I understand that. And you have my commitment that we are not going to do something arbitrary or ramshod, or force something down peoples throats that is not the will of the majority of that neighborhood. So, I go back to my premise that a letter go out today, Mr. Grassie, and I think that could be done. You're talking about 140 letters. And would you please, in the next couple of days, follow- up administratively, by having someone go around and ask each one of those 140 houses or 180 houses, whatever it is, and then bring it back to this Commission and continue and actually make it into a public hearing, which this is not. Mr. Grassier Mr. Mayor, for clarification. The 2 alternatives that. are being proposed to the neighborhood are, as I understand it... Mayor Ferrer: As , or. Mr. Grassie: The current traffic only sign. Mayor Ferre: That's., correct. That's... Mr. Grassie: circumstance orchanging the sign -to a 1oca; Those are the 2 alternatives that are being proposed. Mayor Ferre: Yes sir,; Mr.;Lyons. (INAUDIBLE COMMENT) '15 SEP 2 7 1979 Mayor Ferre: A11 right, then make that a.3rd alternative.` No signs at all. Existing sign or a new sign which would say no right turn except for local residents... Mr. Grassie: Local. traffic. Mayor Ferre: Oh, I'm sorry. Local traffic. Right. Mrs. Gordon: I would ask you also, Mr. Grassie that you instruct the. person you are directing to go out to have a signature form signed and supply this Commission with 'copies of every single one thathas been obtained. Mr. Grassie: Be happy to. Now, we will send that information ahead. of time. We will make;follow,uo visits and, if we don't find somebody-., home, we will leave information onthe door knob hoping that they will return it then. Mayor Ferre: Is, there anything else to come up before this Commission on this subject, at this time? Yes, ma'am. Ms. Ethel Cassell Mr. Ongie: When we ,got this letter,.' think everybody. Ma'am, your name and address,` please. Ms. Cassell: I beg your pardon. I'm Ethel Cassell, 76 Semana Drive. I think'everybody,in the area felt we were going to have our cake and eat it. And we were delighted about' it. Everybody in Bay Heights. And now with the changing of wording, I am just wondering is there any way that there will be enforcement if it is changed to local traffic. Can we have some amount of enforcement? Mayor Ferre: All right. That's a matter of opinion. Some people will say yes, my opinion is, that that is almost unenforceable. Because for you to enforce that kind of a violation, you would have to prove that that person was turning in and going out and using it as a thorough- fare. So the police personnel would have to follow that car to assure that it wasn't local traffic. You know... Ms. Cassell: Well perhaps he could do that a few times and it would discourage people. There are always law-abiding citizens who don't need anything more than that. And it would, I believe. Mayor Ferre: I don't mean...I don't mean to be rude... Mrs. Gordon: A lot of people go through stop signs too, you know when they don't see a cop around. Mayor Ferre: All right, is there anything else on this matter at time? If not, ladies and gentlemen... Mrs. Gordon: I think it would be proper to pass a motion instructing the Manager to proceed with the survey of the area and then to schedule a public hearing after the results, of that survey are obtained. I so move. Mayor Ferre: Is there a second Father Gibson: Second. Mayor Ferre: All right Father. Gibson Ca11 the roll. SEP 2 71979 iiuiiuillil. 1. '16 The following motion who moved its adoption: was introduced by Commissioner: MOTION 79-636 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO SCHEDULE A PUBLIC HEARING WITH THE RESIDENTS OF THE BAY HEIGHTS AREA IN COCONUT GROVE TO DISCUSS THE FOLLOWING ALTERNATIVES CONCERNING REGULATION OF TRAFFIC OFF BAYSHORE DRIVE INTO THE BAY HEIGHTS AREA: 1) RETENTION OF THE PRESENT SIGN; 2) MODIFIED SIGN STATING: "LOCAL TRAFFIC ONLY"; 3) REMOVAL OF EXISTING SIGN Upon being seconded by Commissioner Gibson, passed by the following vote: AYES: NOES: ABSENT: Commissioner Armando Lacasa Commissioner (Rev.) Theodore R..Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre Vice -Mayor J. L. Plummer, COMMENTS ON THE ABOVE: Father Gibson: Mr. Mayor,;.I hope that the neeting is scheduled for the evening so that, no one would haveto be off from work or Mayor Ferre: Father Mayo rFerre:. Thank you very much We are` now on item... ' Mrs. Gordon: I want to thank you your expressing your views. ladies and gentlemen for your patience. all for coming here today. I appreciate 3. A -DISCUSSION OF ADDITIONAL PERSONNEL FOR TEE UEDUESDAY NIGET "GOLDS': GLOVES" BOXING NATMES-ASSIGN ONE EXTRA CITY E)'LOYEE PART-TIME Mayor Ferre: You are now on item b, which is discussion of additional .personnel for the Wednesday night Golden Gloves Boxing matches. Mrs. Virrick was here a while ago. Mr. Grassie: I'd like to have Al Howard introduce the subject for, you Mr. Mayor, and members of the City Commission. Mayor: Mr. *ward, Mrs. Virrick: Did you call my name? Yes, I did. We're going to take up your matter now, Mayor Ferre: Elizabeth. SEP 2 71979 Mrs. Virriekt that's:what:you get for having such a shrimp talk to me. You remember last time I was here,a couple of weeks ago, I presented a request 'to you. And' Commissioner Gordon said she would like to know more about it before she voted. And subsequently, she called me and we had a long talk and I answered the questions, I hope to her satisfaction. So this morning we came to get your answer because as I mentioned, the restructuring of the boxing program has been going on through the month of September during which we don't have the boxing. Every year we take September off for vacations. It's a bad month anyway. Rainey and the fans don't come as much. So, we start it in Octoberwith the new year and we hope you all are convinced that we are asking for something that is legitimate and of value to the community. And if there are any more questions, I will try... Mayor Ferre: We'll now hear from Al Howard; Elizabeth. Mr. Howard. Mr. Howard? Mr. Al Howard: Mr. Mayor, members of the Commission, I believe you have a report in front of you which indicates the response that the City is giving to the boxing program on Wednesday nights and which Coconut Grove Cares is responsible. We actually have a staff of 8 coaches that we utilize right now for the program. Along with the operations of the arena, the equipment'supplies, and the bus that we actually use for the program to bring the boys in for the fights. We are now making a contribution of $500 for every Wednesday night from the City. That is not even including the salaries, the percentages for myself, Mr. Heggy and our staff that is involved in the program. At the present time,;we -do have an individual who is responsibile for the boxing itself. He operates the..gets the cards ready, gets the boxers set, has the coaches inake the arrangements, gets the referees and the officials. That end of the program is taken care of. We honestly feel that the program can be operated by the City as we are functioning now. If the City Commission feel that something else is necessary, we would not recommend a full time person because, if an. thing, we only need 20 hours of individual work to do the promotions, as far as getting to the schools, getting more children out, boys out for the boxing, and promoting it in the papers. In the last 2 months...2 weeks of the events, there is money being made. I know in the past, that some of the fights during the summer were losing money, but we are now in the upturn again where we are making about 2 or $300 for a Wednesday night fight. When I say we, I mean Coconut Grove Cares as they collect all the revenues. So money would be there theortically to pay for some individual help. But there is a fine line here. The City is not responsible for the Wednesday night fights. This is operated by Coconut Grove Cares. We operate the boxing program during the week. But when the Wednesday night fight comes, Coconut Grove Cares is responsible for the entire program. We assist them in doing that. And I feel now without the City's help of getting the boxers, the training, the program, and the busing, that it will be almost impossible for Coconut Grove Cares to operate the program. So we feel that we are doing our part now. We feel we can continue to do that and still operate the program and improve it. Mayor Ferre: Any questions for Mr. Al Howard? Mrs.Virrick, do you have any other comments? Mrs. Virrick: Yes,_I have quite a number of Mayor `Ferrer, '18 SEP271979 Mrs. 'Virricit: %tie had hoped that this would continue to be a collaboration between the City and Coconut Grove Cares becasue that seemed to be the comfortable way for it to operate. However, I think there...if this matter that Mr. Howard has brought up is to be brought into it, there would have to be a very complete discussion of the whole thing. And I don't think on this terrible day, when you have such a heavy agenda, you would welcome it. However, I think Mr. Howard and I had a little talk out in the lobby before the meeting and I thought we were in agreement as to what was to happen. Coconugt Grove Cares can and will operate the program. Things have happened in the past which do not need to be aired at this point, where the money that was made decreased because a great many things happened...there weren't as many fans coming. And when we realized it, we started an entirely different set of arrangements, which Mr. Howard knows about. Coconut Grove Cares has never taken once cent out of that program. Coconut Grove Cares staff, administrative staff, and clerical staff, have given many hours for which they are not compensated, and we don't put in in -kind services as part of the cost. We simple arrange in some way to make it up to our staff for the extra hours they put in. Since we have been...it's more than a couple of weeks, it's a couple of months...since we have been sending our staff down to man the windows, to do a great many of the things that we did not do before, there has been quite a change in the income. The boxing program went down seriously for a while, and that is when we realized that changes needed to be made. We have had many discussions and meetings with the State Executive AAU Committe in trying to conform to their requirements and regulations. And we have reached a place now where I think we are in extra special good standing with them. I think our program is on an entirely different basis than it was before. And Coconut Grove Cares is now in a position to put more time and more staff into the Wednesday fights and see that it is properly supervised and carried out according AAU regulations. Mayor Ferre: Mrs. Virrick, I think it might also be appropriate to... on the record, point out that the pending fight that was coming between 2 competing groups for the Golden Gloves has now been satisfactorily worked out and that Dick Lee, happily, and...Micky Deemas group have worked out their differences and they evidently, have a joint...are going to have a joint franchise for Golden Gloves and they will be working jointly and it will be functioning in Miami. Now is that... Mrs. Virrick: Now wait a minute, who'se working jointly? Mayor Ferre: Well the franchise as I understand, is going to be given to both of those groups. Mrs. virrfck: No. no. Mr. Howard: No, no, that's not correct. Mrs. Virrick: The franchise was awarded a couple of weekends ago up at Shrievport when the Territorial committee of the AAU met. And we relinqueshed the franchise for the reasons that I told you. We didn't want to, we hated to... Mayor Ferre: I realize that. Who received the franchise? Mrs. Virrick: Nis...Dick Lee received the franchise. Mayor Ferre: Who'se the president ofthe.cor...flOO'OrOfit.eurPuTatiOu.: that Dick -• - 2 _ • . • Mrs. Virrick: Dick Lee has formed his own non-profit . , ' • •• , Mayor Ferre: And let me, tell you that:. Dr. '.Mickey Deeuas is the president. 619 Ur 2 7 7979 Mrs. , Virrick: No, sir. Martin Lit... Mr. Howard: There is no such organization. Mrs. Virrick knows that also. The franchise is under the guise of Dick Lee with his own non-profit organization of which he is president. Dr. Deems has nothing to do with the...with the Golden Gloves franchise at all. Mayor Ferre: You'd better check. I thought.... Mrs. Virrick: Wait a minute. Wait •a minute. Mayor Ferre: I thought...I may have let the cat out of the bag without knowing. But I think you'd better check on it. Mrs. Virrick: No...Maurice. The Territorial Committee turned down... Mayor Ferre: That's correct. That's correct. Mrs. Virrick: Mickey Deemas compl.ete3.y. Mayor Ferre That's correct and... Virrick And we know that he has no non-profi.te corporation. Its MrbeesV; dissolved for lack of reports to the Secretary of State and certified audit. . Mayor Ferre: It doesn't really impact on the subject here I thought • • Mrs Virrick: No but the situation.... Mayor Ferre • I thought ght that what had happened is that they had come to a peaceful agreement between them. But evidently that's not the case... Mrs. Virrick: They never will. Mr. Howard•. You're...you're correct though. They did have a meeting and there is a very aimable working relationship again. Mayor Ferre: Well that's what I was told. That there was peace which I say amen. You know, that's fine. We don't want different groups fighting...all...my purpose in all of this is two fold. And first and most important is, what you've been doing which is the children that are involved in a creative sports program. My only concern there is that one...that it be one of excellence. That it be one of excellence. The second is, that after having spent so much time, effort, and money, that we not abandon the Golden Gloves because it is an important stepping- stone for recognition in the boxing world, as it impacts the Olympics and other...and other national boxing tournaments. So, where we're at is, that we need...you want additional personnel and you agreed to a certain extent, but not quite the way Elizabeth wants to do it. So what. ..what's you're recommendation, Mr. Grassie? Mr. Grassie: Well Mr. Mayor, and members of the City Commission, as I understand the question, and I may not, that is in front of .you, the basic question is this. The department feels that it supports the boxing program and it feels thEt Coconut Grove Cares, has in the past and should support the Wednesday night fights. Now, the Wednesday night fights do produce some income. I think what Mr. Howard is saying is that that income should be used in part, to support a part-time person simply to organize and administer the Wednesday night fights. Now, if we can agree that that is the issue, then it is simply a question of whether the payment for that individual, that part-time individual, comes out of the gate receipts or whether the Department of Leisure Services would have to pay for that individual. And as I understand it, that is the basic question that is in front of you. SEP 2 7 1979 Mayor.perre.; Coconut Grove make a•little Mrs..Virrick: Mayor 'Ferre Mrs..Verrick:. there to send Gloves Mayor%<Ferre: Mrs. It's my opinion that we should be as supportive of Cares' as, we can. -'And if. we can help ,them by ' letting them extra money, I think..we...we ought to do that. We don't make the money. We never have...` Who makes the money? The money goes straight back into the account and stays, the young mento the AAU National''Tournament, the Golden Father Gibson.. Mrs.`Verrick,'he's... You're ahead of the game. Mrs. Virrick: I know it, but the thing is I want hive to the money does not... knowthat Father Gibson: And;:he understands that. He is saying that you will get the money to put back in the program. And he is.going to pay. That is, the City will be responsible for that help that you're going to get. Let me say, you're'ahead of the game. Mayor Ferret In...in other words..,.in other words, the question is very simple. Shall the City of Miami administration increase its personnel to cover the Wednesday Night Boxing Program out of its budget rather than out of the receipts. Mrs Virrick You-know,.I told you.• .. Howard: We...we already do that, Mayor. The staff that we... Mayor Ferre: Well then I don't...what are we talking about? Mr. Howard: I think what we are talking about, Mrs. Virrick is. requesting an additional...requesting assistance for another 20 hour person to operate, as far as the promotions of the program are concerned, getting out to the schools hoping to bring more kinds into...she want one more position that...not to come out of our budget, but she's just asking the City to give this to her. But we already have staff that come...that work...8 staff that comes out of the City budget that works on the program. Mayor Ferre: O.k. Mr. Lacasa: What basicayizabeth, requestingsic�a�ly additional Howard personwas saying is exactly what you are for 20 hours? I move. I so move. Mayor Ferre:. All right, is there a second? Mayor. Ferre: Mr. ,Grassier person... second the motion. is there e're talking. about 'a. 20 hour SEp 2 7 197g Mr, Grassie: Part-time person added... Mrs; Virrick: Mr. Howard is talking about a 20 hour person. We're not necessarily talking about a 20 hour person• Mayor Ferre : What are you ta1ki.ng, about? Mrs'. Virrick: I want Jose, Assistant Director of Coconut Grove Cares to tellyou what... Mayor Ferre: Jose, would you come up to the microphone. Your name and address for the record. Tell us exactly what it is that you requested. Mr. Jose Vilallero: 0.k. Jose Vilallero. 4310 S.W. 5th Terrace, Miami. What we were talking about, was a person that would work not necessarily under the City of Miami, but under Coconut Grove Cares working with the City of Miami, Department of Leisure Services. lids person would coordinate the Wednesday night show but also...the concern of Coconut Grove Cares is not just the actual recreational activity of boxing, but the service that it provides to the kids in the community that needs it as a crime prevention program. This person would go into the school, work with the school counsellors, see where the needs were. You know, get them involved in the boxing program, but also connect up to provide some of those services of further educational placement for these kids, part-time jobs while they are going to school. Our concern with the program is not just to provide a service in boxing, but also to provide the service of keeping these kids off the streets which has been the result of this program for a great many years. Mayor Ferre: Mr. Gtassie.... Mr. Lacasa: Excuse me. Jose, so what you me...what you mean is that what you are requesting here is that out of the departmenta budget a person be assigned to do that sort or... Mr. Vilallero: Not necessarily out of the department's budget. I was not here when Mrs• Verrick came last week. But my understanding was that she had requested it in the manner of, more or less like grant from the City to Coconut Grove Cares, separate than froma the , Leisure Services Department. Mr. Lacasa: A city employee, in other words. Mr. Vilallero: Pardon me? Father Gibson: No, no, no. What he salary is, you give them the salary. that nobody seems to understand. He $15,000 or $10,000, you give Coconut 's telling you is, whatever that That's what he is saying. That... 's saying that if the salary is Grove Cares that money as a grant. That's what they are saying. What Mr. Howard and those are saying is, they have a budget, they will lend you a man. That's what they are saying. Mayor Ferre: It seems to me... Father Gibson: Isn't that right? Mr. Howard: We don't have any additional budget monies to... Father Gibson: No, no, no. You are going to lend them a man whether you call it additional budget or anything else. You're saying to them, you need a man. We're going to find the man. That's my responsibility. But what...what Mr. Howard is saying that you don't want to hear is, that I am not recommending to the City that they live you that $15,000. Isn't that right?' • Mr. Howard: That's what I said. Yes, sir. Father Gibson: Because if that is the case, your budget then must have an additional $15,000 turnover. VerY simPle by brother. Either you want the personnel without the money, or you want the money and • 22 SEP 2 7 197g you decide who the -person Right::. going to be. that the way; it is? Mr. Vilailero: Well,, whichever way they set,it up.; I mean, I:was brought into this yesterday.' I think there is funds coming into the, program and to put into a person who would..that something can be' worked out. I would like to have time to put this in writing. Mrs. Virrick: Well the reason it:turned out the way it did was because I talked with Mr. Howard. He:said his budget was too tight. He could not manage that extra funding and therefore, when I: came to you, I said to you, Mr. Howatd 'cannot furnish these funds out of'his,.;; budget... Mayor Ferre: Elizabeth, we've got to move now. So, lets and come to a conclusion. cut through' Mrs. Virrick: Well,. what we are asking you to do is to give us,:if a 20 hour week will work it, fine. If it won't then we: would.. need more Mayor Ferre: All right, Mrs. Verrick,theres.a motion on the floor that hasn't: been seconded yet, which is we do exactly,_ that. Itwill:be a, City employee and you will have 20 hours of that persons time. Father Gibson:" :I seconded it. Mr. Lacasa: I moved `it, Father seconded.; Father Gibsonseconds it. Mayor' Ferre Mrs. Virrick: Now wait a minute. stand corrected. 20 hours... Mayor Ferre: Isn't that what you want? Mrs. Virrick: What is it. I didn't hearwhat you said. Mayor. Ferre: That you;will have an employee of;the City o'f Miami assigned to ,you for your program for 20 hours. We're not"`going ,to give you the money. Mrs. Virrick: Well that's what Mr. Howard asked. give us the funds and let us have direction... Mayor Ferre: Can't...can't do that. asked for you 0 Mrs. Virrick: of the program because we have learned through bitter experience, that unless we have control of the program, we do not...it doesn't work as it should. This person will be a key person who must be under our direction. Father Gibson: What Mrs., is saying, unless she has control of the person, Mr. Howard is saying that he want control of the person because he has the money in his budget and he could designate the person. .Mrs. Virrick says she want to designate the person. Now you all ought to make up your mind because, you know, you can't have your cake and eat it too. Mr. Howard: We can disignate a person for that particular time, if that is your wish, to Mrs.Virrick. At that particular time,for the 20 hours,,. he would be working for Mrs. Virrick, theoretically. Mayor Ferre: Just make sure, Mr. Howard, that it is a person that is acceptable to Mrs. Verrick. I don't...please don't send somebody down there who they don't like and is antagonistic... Mrs. Virrick: No,,we.'re..agreed on the person already. Buts its a question whether it should be a 20 hour person or a full time person. 23 SEP 2 71973 Mayor Ferre: Well, now that's another subject. Mrs. Virrick: Or 2 part-time persons. And it should be under Coconut Grove Cares and not under the Department of Leisure Services. Mayor Ferre: I have no problems making it a full time person if that's' if that's... Mr. Howard: We...we could not take a full time person from our staff. We'd create a void •in...in the boxing program. He couldn't work 40 hours for us and then 40 hours for Coconut Grove Cares. That would be impossible. He could devote 20 hours to our boxing program, and then 20 hours working for the Wednesday night fights, which would not be difficult. Mayor Ferre: All right, wellthat's the motion that's on the floor, as I understoodit now. Is there further discussion on this? Mrs. Gordon: Yes. The financing...the funding comes from fund, or is that going to be funded by CETA or what? Father Gibson:, From his budget. Mayor Ferre: It's part of the... Mr. Howard: Well, this individual is already in Mayor Ferre.: Mrs. Gordon: Mr. the the general general budget. It's part of his department`; now. Oh, you already have somebody on board? Howard: That we agreed with. Mayor Ferre: So there's no additional.. Mrs. Gordon: 0.k. Mr. Grassie: But the budget would' have to for the extra 20 hours. Mayor Ferre: I see.: Mrs. Gordon: For e supplemented by $6 , 000 . k • Well then you're' going:; to,• :. the additional 20 hours. Mayor Ferre: Then you're going tohave to add that'. All right, further discussion? Call the roll. Mrs: Virrick: Mrs. '> Gordon: May I' ask what is being voted on !r Clerk, read the motion, please. o the budget Mr. Ongie:, That an additional employee be provided for -the.;boxing Coconut Grove.boxing Program assigned to that particular prograni not to exceed 20 hours per Week. Mrs. Virrick With the funding coming out of where? Mayor Ferre: Well it is'a...heis...that:person, Mrs.".Virrick, ,i a City;.employee paid for by the City, assigned to, you for 20 hours. that's the way this motionreads at the time. ` 0.k.? Mrs. _Virrick: No, but I'll be glad to get that much. But what I had hoped was that if it turned out to be a full time job, we would', have available the funds for a full-time job. 0r... Mrs. Gordon:. Can't hear ;you on the;, record, Mrs. Virrick. Mrs.. Virrick speak into the microphone: because your voice is not corning through. s- And SEP 2 71979 Mrs. Mayor``Ferre It` does.` Mrs. Virrick I will take whatever you give me, of course, and thank you and: be glad. But that is not exactly what I wanted. And the reason. is that we're a burned child with fear of fire. We've had so many bad experiences. Because we can no longer have any program connected with our name that we have...do not have control of. Now this job.that we've outlined may take -this person that Mr. Howard and we have agreed on, 20 hours but it may also take another person 20 hours. That's why I wanted 1 salary. voice carries everywhere. Mayor Ferre: Elizabeth...Elizabeth if this does not work out, would you come back before the Commission, and you have my pledge, and I don't know about the rest of the members of the. he..the other 2 members that will be here, they can speak for themselves,.but you have my pledge that we will certainly take this matter"up again if it does not work out. And I'm sure Mrs. Gordon feels the same way. Mrs. Virrick: Thank you. And Ihate to be a bother all the time. Mayor Ferre: All right, further discussion? Call the roll. moved The following notion was introduced by Commissioner Lacasa, who its adoption: MOTION NO. 79-637 A MOTION AUTHORIZING THE CITY MANAGER TO PROVIDE THE SERVICES OF ONE ADDITIONAL CITY OF MIAMI EMPLOYEE TO BE ASSIGNED FROM THE DEPARTMENT OF LEISURE TO ASSIST ON THE GOLDEN GLOVES WEDNESDAY NIGHT BOXING MATCH, ON A PART-TIME BASIS, NOT TO EXCEED TWENTY HOURS PER WEEK Upon being seconded by Commissioner Gibson, the motion -was passed and adopted: AYES NOES: None Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner Armando Lacasa Mayor Maurice A. Ferre ABSENT: Vice -Mayor J. L. Plummer, Jr. 3-B: DISCUSSION ON CITY OF MIAMI POOLS Mrs. Virrick Mr. Mayor, I know you haven't time, but many people have called me on the swimming program, and I promised that I would say something to you and I cannot come back this afternoon. I am very much worried about it. Would you rather me communicate it to you some other time? Mrs. Gordon: No, why don',t you express your views now. ?5 SEp 2 71979 t ri .Mrs. Virrick: Beg your pardon.` Mrs. can keep that in mind. Mrs. Virrick Well, my views are that it is very dangerous to the lives of the children, very harmful to the whole area because a great many people come down here because of our water sports. And the children should be trained. If those pools are closed 8 months of the year, it is not right because tax payers money was spent for it. And those tragedies are happening...two weeks ago in one of the northwest pools, climbed the fence and was drowned. We do not have sufficient surveilance'' If we leave the pools open to groups and schools, they may not have adequate lifeguards. I think there are...it's on very dangerous grounds that those pools are being closed. And I know that you are hard up for money, and I would like to say...I wish there were 1,000 people in this room, I would like to say. that if the City doesn't have the money, I for one, would be glad to help a group of as many people as would be willing to raise, the money or some way keep those pools open, all except the cold days in the,, year. mayor Ferre tlrs.;Virrick, I'm going to ask Al Howard to give you the same information that was provided to the City of Miami Commission. In the months of December, January, February and March, all of our pools, there are days during the week, that 3 or 4 people use our pools. And we have a staff of 20 people looking out after 4 swimmers. And that is costing the people of Miamiover $150,000 during those months. And it just seems to me, I think we'd be a lot better off to subsidize those swimmers and pay them to go to another pool and give them $10 or $15 to go swimrsomewhere, and it would probably save the City of Miami $100,000 to do it. Mrs. Virrick Well.I think, it's possible that there right promotion to get the children to the pool. Mayor Ferre: That's. correct. Mrs. Virrick Now, ;I don't think there be that there is something wrong on our word`to-the,`people who have children to other. reasons, it needs a great deal of hasn't been the is that small a need. It may part that we are not getting the send there. Maybe there are exploration. Mayor Ferre: Well, the reason is, that in January...December, January;. and February, it's very cold. That's what the reason is. Mrs. Virrick: There are understand. it. M Mrs. Virrick: Except for part-time. Mr. Howard: The pool will not be closed. It will be opened in April and May on the weekends. It will be open June, July and August every day. It will be open in September on the weekends. It will be open Monday to Friday for groups, supervised groups to come in with their own lifeguards. We will have our manager on duty, who has his WSI card, so there will be no difficulties as far as safety. The pools will never be closed except for 1 month when the pools are closed for maintenance,; and painting and so on. During the months of November through April, we only average about 11 people a day in a pool. Some pools as little as none and 1. Other pools with 20. Those 20 and 30 actually school programs. There is very little public use during the months of November to April. Mrs. Gordon: I've heard...I'm out in the community a whole lot, and I've hear so many people in so many areas saying please keep the pools open 26 SEP 271979 Now, you were ready to survey on a door to door basis to see about the provisions to a right turn in the Bay Heights area. How much surveying have you done of the people who would be interested in keeping those pools open... Mayor Ferre: Let me... .Mrs. Gordon: I. personally feel that there has been a lack of communication to the neighborhoods relative to the availability of the facility and so forth. I'm in favor of keeping them open because the people want them open. And if you get out, as I do, you'd find out that's what they want. Mayor Ferre: That's why they use it so much. Mrs. Gordon: Well, they haven't even...o.k. I'm not going with you, Maurice. You make your statements, I made mine.` Mrs. Virrick May I say, that $150,000 or whatever the amount is, is a lot of money. There are ways, I am convinced that the pools can be used by more children. I think we should weigh against the cost, the lives and the safety of children. Who knows how many children's lives are saved because they had training in our pools and then didn't get drowned in the ocean or some place. You can't guess what kind of an amount that is. I don't see why swimming should take a back seat to other sports. It's one of the best sports, especially in the hot climate. The only time I use my pool is in the hot weather because it's the only sport you can do and not get hot. And I don't like to get hot. Mayor Ferre: That's precisely, the point. to argue Mrs. Verrick: I think there are things that can be done to get more children to the pools and warrant the expenditure of money. Mayor Ferre: If, we could do that, Elizabeth, then I would be all in favor of opening those poolsI simply cannot find it within the realms of fiscal responsibility, for us to spend, what is it? $200,000 that is cost us so that 11 people can use a swimming pool during these winter months. Now, if we had 500 people using those pools, or 300, I would feel a lot better. But to have 11 people cost us $200,000 is completely irresponsible. Mrs. Verrick: Well now, first of all Maurice, I question that 11. Second, I don't think everything is being done that could be done to get more children there. I think swimming is as ...every bit as important as any other sport I know, if not more important down here where the people come for swimming and bring their children, from the North. If they can't have the pools to go to . They neeo consideration too. I don't think...I think we're talking on the surface of this thing. We're not getting into the meat of it. If there are only 11 people served, then of course, it isn't warranted. Mayor Ferre: Precisely. Mrs. Verrick: But, why aren't there more people and, how can We get more people to use it? Mayor Ferre: That's a valid question. That's a valid question. I think.. Mrs. Verrick: And I'd be glad to help. Mayor Ferre: I think Mr. Howard, that we really should get the information up. See if we can do a better job of advertising City facilities to school children, especially, and to there parents to see if we can get an increased usage of our parks that are excellent. Especially our swimming pools. 27 SEP 2 71979 Mrs. Virrick: You're not -ping to get it without citizen participation.- You also have to say, that if the temperature drops to below such and such an'amount, the pools would; be closed those days. And have that advertised so that people don't come:. the'people from the North don't think it's cold when we think it's cold... Mayor Ferret All right... Mayor Ferre: Thank you very much, Mrs. Virrick. 4. DISCUSSION OF LICENSING OF PRIVATE SCHOOL BUSES USED FOR TRANSPORTATIOU OF CHILDREN - FORWARD RECOMMENDATION TO METRO BOARD OF COUNTY COMMISSI0NER2S. Mayor Ferre: We're now on item number c. Let me ask if there is anybody here on item number c. Are there people ere that wish to address the Commission on c? Anybody? Mrs. Gordon: I have a short discussion. Mayor Ferre: Mrs...Ernie, I'll tell you, there are a lot of people that have been here since early, and what we usually do in these things, when they're public here, we skip overthose that there is 1 or 2 persons`;: here, and go to the items; that have 10 or 15 or 20 people. We'll be back to you in a little while. Mrs. Gordon: M Maurice, I'm not going to wait here all day. Mrs. Gordon: I take note of the fact that the items that I've asked to be on the agenda is the one you want to defer until there is nobody in the room. That's very apparent. But I would simply like to say you have received backup material, this item has sufficient importance to the downtown, business community, and to the City of Miami in gerneral. Econotnically speaking, for us not to say that this is not an important item,; lets put it away and.. Mayor Ferre: It is a very important item and we will take it up in a little .. while. We are now on item number d,`-discussion of proposed policy and resolution, regarding pension funding. . .how many people are here on that item? ' Wouldyou raise your hands? 1, 2, 3, 4, 5. Mrs. Mayor Ferre: All right, how many here on item number e, discussion of cost of living increase for retirees. One person, all right. Item f, discussion of transfer qf City's title of Off -Street Parking Garage number 2. Would you raise your hands. Is there anybody here on that item? Then we have item g, which is discussion of the problems previously brought before the Commission by William Hutchinson. Reserving...reference to New Washington Heights Community Development Project. How many people are hear on that? 1, 2, 3, 4, 5, 6. All right. Item h, disucssion of licensing of private school buses used for transportation of children. How many are here on 9? Raise 2s SEP 2 7 1979 your hands. All right. Now Rose, .just for your information, honestly did not know that item c is your item..,. There. will be at 12 o'clock, which is in 34..there will be. about`300 people.` If you want,; that's plenty of time. There's a press conference called here for the special assistant assistant to the President, Ambassador. Torres`, who will be here. You'll have plenty of,opportunity to get much more press then than now. Mrs. Gordon: The item d, which is on the Commissioner Plummer, who is not here. I when this item is discussed agenda, was called for by suggest that he be present Mayor Ferre: We're...we're now on item number h, which has the majority+ of the people here. Then we'll go to item g. And then we'll go to item where there was 3 people here on it. All right we'll now take up item number h. Mr. Manager, would you bring us up to date on the history of the privateschool buses and transportation for children, and where we are. And then I'd like to ask Mr. Knox his legal opinion and if the Commission wishes to address this to see how we can solve the problem. Mr. Grassie: Mr. Mayor, and members of the City Commission, this question has had a considerable amount of discussion in the past, including the adoption, on first reading but not second reading, of an ordinance in 1976. Proposing to gcvern these private school bus operations. You have, and without repeating all of the history, I would like to simple focus on 3 points that you may want to discuss. The first point, is the role of the City in this whole area of regulating these buses in view of state and county regulations. The second question is, the question of safety with regard to the children that are using the buses. Whether or not standards need to be adopted and enforced over and above whatever is being done by the state and the county at this time. And the third question is a question of controlling access into the business. That is, whether there should be licensing provisions which restrict the number of vehicles of this tn.-. So, you have those 3 questions. That is other governmental' units that are now in the business. The level of safety of the industry and whether or not the people using the industry are protected. And third, whether or not the City should exercise some control over access to this particular business. Mrs. Gordon: Which item are you addressing yourself too? Mayor Ferre: We're on item number 'h;',which is people are here on. Mrs.' what all these 15 or 20 taking h up now, is that your discussion? Mayor Ferre: I...I took up the item where the majority of the people are. And all of these people in the front row, the second row, and on that side, are all here on that item. All right. Last time, as you recall, Mr .'.all right, lets not go over that again. Now, what is your recommendation,'"Mr. Grassie? Mr.Grassie: Mr. Mayor, I think that what the City would need to do if it were to act in this field, is convince itself through some analysis that, in fact, there is a need. The first thing that we would have to analyze is what is happening at the state and county levels in this area of regulating private school buses, to determine whether or not there is a gap that we need to fill. I think that question needs to be answered. We also have to analyze whether there is a safety danger to present private users of this system. I don't believe that that has been adequately answered. And third, assuming that we do find that there is a need for regulation, I think the City should answer for itself, whether it wants to be in the business of restricting access to this particular business. Mayor Ferre: Well let me...before we get into the discussion, and I sure there is going to be a lot of discussion, is express my...my opinion. 29 SEP 271979 I am...I am personally against the idea of having a restrictive process because all that does is give...give the government the ability to create a monopoly. And I don't think we...that's not our purpose. On the other hand, the other side of it is that we have to be concerned about the safety of these children. And I think we cannot continue to look the other way when there are buses that are functioning that are not safe, that...and they are functioning in Miami streets, servicing Miami children, going to private schools, and their safety in is question. So I think somewhere inbetween those 2 points, there has to be.a middle ground where we can insure that those buses are safe and have a way of checking on them. And but by the other hand, not be...not work in restraint of trade. I mean, if the President of the United States deregulates the airline industry, we're certainly not going to come in here and start regulating the busing industry. So I think it's a question of giving the children safety, going through a permitting process but not making it a restricted thing. We can't determine who can and cannot have the right to bus children to school. That's something that the free -enterprise system is going to have to determine. That's my opinion. Are there...is there anybody who wants to speak on this? Mr. Raphael Lopez. We need an interpreter here, Mr. Grassie. Mr. Grassie: .I don't see one in sight, Mr. Mayor. I can.. Mayor Ferrer Does anybody want to interpret? Maria,. do you want interpret., Mr. Grassie: T can try, Mayor Ferre: You want to interpret. All right, go ahead. All right Mr. Blanco will act as an interpreter. Your name and address for the record, please. (MR. BLANCO SERVED AS INTERPRETER. HERE FOLLOWS TEXT OF -;STATEMENT Mr. Raphael Lopez: My name; is Raphael Miguel Lopez. My address is 411'S.W. 29 Court. "Mr. Mayor and Commissioners, today I come back for the members of this Commissionlike it was on April 22nd, 1976 with the same motives,; the certification of limitation of public convenience. And honestly, and its been past 3 years and 11, like the time has been past and the time has been given as our reason. Since the founding of this union in 1971, the Student Transportation Union has been fighting for the kids that the bus drivers are taking from in and out of the schools. We are sure about our buses and our drivers. We know about the rules that exist now, and we are sure about them. But it is very necessary the limitation of certification. We really affirmate this and we want the Commissioners to be approved in the legislature the school bus drivers certificate. 56140. Standard and personnel safety certificate, employee identification number, social security number. And for the vehicles of 24 passengers or less, the presentation of that certification. The certification with the number 56140 will say, the presentation of that, vehicle by the latest of the 31st of March, 1980 well know by the color Miami green or designated by the National green of Dupont. It will be known as the school bus from...each school buse will have painted school bus in the back of the school bus with no'less than 6 inches. The section 56141 in paragraph a will say, the certificate of convenience and necessity...public necessity will be based in each vehicle every one...every 1,500 person in the City according to the last census, Federal and State or more. Section 56141 in section b will say, every certificate of convenience will last 1 year between October the 1st and September the 30th each year. The section 56141 in section c will say, this position will start in effect 60 days after the approval in which...in which all should come out with Section 56140 in Section I. They will obtain certification of limitation of convenience for each bus. SEP 2 7 1919 I IIuIluuIImes Mayor Ferre: Is .there anybody here who...anybody.else who wants:to'.,; speak at this time? Does anybody else want to express an opinion on this? Mr. Luis Solaces: My name is Luis Solares on behalf of the Independent Transport Association. The question in this...in this particular aspect of the limitation of the permit for the Scool Bus Drivers certificate, the way in which this certificate said there would be issued 1 permit for every 1,500 people in the City. This would limit the buses and I think these are regulations not convenient for us, the transporters. Because suppose that at this moment, you want to expand because you have more than personnel for more than l bus, you can't take another 1 because you are limited on the license. This about the ........... of the children,at this very moment, we have. in force all the provisions about the safety of the children. We don't oppose to any kind of license except when they say that we be limit of 1 buse for every 1,500 people in the City. This is against free -enterprise because suppose I have only 1 bust and tomorrow I want to expand my business, I can't do that because the limitation. About the safety, the colors and everything, we don't make any kind of objection, but I don't think it's fair that a person that is working during 10, 11 or 12 years, that has the opportunity to expand their business, they can't do it because he has a limitation on such a matter. So,'I thank you very much for being patient with me and I thank you. e there any other speakers? Mr. Marina. Mr. E. L. Marina: My name is E. L. Marina. I have a very difficult situation now and a very difficult position. I have friends in both sides. And'it's good. It's good because when you have friends in both sides, you have the opportunity to prove yourself to see if you can put these people together. I have to think in being fair. Mr. Lopez, my dear friend Mr. Lopez(AT THIS POINT, MR. MARINA TRANSLATES HIS PREVIOUS STATEMENT)...So I have to be fair with myself too. I have a question for my friend Lopez. You can tell me in Spanish with no problem We understand and we will translate. How many buses do we have at the present time in. the City of Miami? Mr. Lopez: There is no record of the number of buses in the City of Miami. Mr. Marina: He City of Miami. Mr. Marina population 127 voters POINT, MR. says there is no record of the number of buses in the,`; But I want...but you know around, you're in the business. Maybe 800 is what you say. of the. City of Miami? " If we ,;the statistics say that the LOPEZ AND MR. MARINA ENGAGED How many...how much is the had in the City of Miami population is double ( AT THIS IN A DISCUSSION IN SPANISH) Mayor Ferre: Well the population...excuse me, excuse me. Lets calm down now. There are 350,000 people in the City of Miami. Now proceed with your statement and do it soon because you have about 2 minutes. (DISCUSSION AGAIN RESUMED IN SPANISH); Mayor Ferre: Now, say it in English so that everybody can understand. Mr. Marina;: Sir, all that i was doing is looking for knowing how many buses do we have in the City of Miami because I was not so sure everyone was going to get a license. And I want to be fair with these people who aredriving the buses. 0.k. That's it. Is that clear in the resolution? In the ordinance. Totally clear. Yes. 31 SEF 2 71979 Mr. Marina: Mr.'Lopez: Mr. Marina: Because I did not see anything in the ordinance about that.; Do you have the ordinance in your hands? No, What have is this,thememo. Mr. Lopez: Well, in the ordinance they are Read them that you have them in your hands. Mr. Marina:" (AT THIS POINT, MR. MARINA -READ THEPROPOSED.ORDINANCE IN SPANISH AND .ENGAGED IN FURTHER DISCUSSION WITH MIL LOPEZ): ' Mayor Ferre: All right, Mr. City Attorney. The. question 'is -now, to you, and that is what are the legal constraints.: You've heard_ the discussion,. here, or part of it, and you see two sides of"the-issue Can the City of Miami become involved in "assisting. And-asI want to repeat that my main concern is one of safeguardingthese children that use these 800 buses to make sure that these buses are"adequate.:. That's my principal concern. Mayor Terre: Effectively assisting. O.? That just...verbally. Mr. Alvarez: I will read to you,<sir, from a legal opinion issued by then City Attorney, John S. Llyod'-to then City Manager, Paul W. Andrews, dated March 31, 1976.• :And `the conclusion of that opinion was, the inspection and regulation of ;private school buses is a field of public endeavor preempted by Metropolitan Dade County, Section 30-371, of the Code of ,Metropolitan Dade County'. That conclusion, sir, remains as the opinion of this office. We have carefully researched this area for the last 3 years. I have been in communication with individuals, some of them that have -appeared here today, and we have found that to be the case. Dade County has:a preemption of the regulation of this field. In that respect... Mayor Ferre: Is this .also .'true of the taxi business? Mr. Alvarez: We have been in prior to the legislation that Mayor Ferre: ' And the City of vehicle other, than taxis. Is Mr. Alvarez: There was... the business of regulation the taxis preempted us in this field. Miami" has never regulated any other that what youare saying? Mayor Ferre:. Well, for example, have we ever regulated for hire vehicles like jitneys that transport people from one location to another? Mr. Alvarez I understand that to be the case. Mayor;Ferre: All right. Then, what is the distinction between a jitney, for example, that carries people from one place to another and another thing that we can call a jitney, if you wish, to comply, that would take citizens that are called children? Mr. Knox: The difference, sir, is that the Commission to continue to regulate taxi cabs, for example, and jitneys for hire, was written into the State Statute which of course, preempts the Code of Ordinances in Metropolitan Dade County. And the State Statute specifically provided that all municipalities who were engaged in the regulation of jitneys and taxi cabs for hire at the time of the enactment of the statute, should continue to do so until July 1 of 1980. Mayor Ferre: It's therefore, your opinion that the City of Miami cannot in anyway become involved in the regulation of school buses for, private entities. Is that correct? 32 SEP 2 7 1979 1 1 1111 1 IIIIIIIU111I11 IIIIIIl11•1 Mr. Knox:. Yes, sir.. There'sone:exception andthat is where there has been a franchise... granted. And of"course, in order, for 'a minicipalit5i. to grant a franchise it requires a referendum vote. Mayor Ferre: It requires a referendum vote? Mr. Knox: es sir. Mayor Ferre: All legally we cannot right, soother than through'the:franchise; regulate shcool buses. Mr. Lopez.. Mr. Lope: Mayor Ferre, and Commissioners, information...I need again interpreter.'. Mayor Ferre: Is Mr. Blanco still here? (AT THIS POINT, MR. MARINA ACTED AS procedure in accord with the.. All right. INTERPRETER FOR MR. LOPEZ) Mr. Lopez:. "Mayor; Ferre and Commissioners, in accordance with the information of the Legal Department, 'we are requesting from you that the ordinance:of the 22nd of April of 1976 be passed with the modifications...what he wants is that this be approved here and be passed 'to the eMetro `Commission. " Mayor Ferre: Well, I'll tell you, I don't have that before me now, but I certainly have no objections for voting for a recommendation to Metropolitan Dade County that they involve themselves in this process and that the safety of these children requires their involvement. And I'd be happy to so move. Rose, you have the chair. Mrs. Gordon, you have the chair. I'm moving that we pass this issue on to Metro and recommend that the safety of these children is something that we are concerned about, and we think that they should look into this matter and see if...look into the question of regulating for the purposes of safety. Mrs. Gordon.';. All: right there is a motion and there is a second. do you want to wait for Father Gibson to return. Go ahead, do you want tospeak to it? I second that motion... Mr. Lacasa: 0.k,'but I can go ahead anyway at this point because, before I second this motion, I'd like the motion also to read that we have... we have two situations here. We have the first priority which is the necessity for regulating this business in a way we are sure ourselves that the children, that are the primary users, be totally and completely protected. But also, we have a problem here with the people that have been, throughout the years, making their living out of this business and that have performed in a very satisfactory mannter. And in this resolution, I'd like to see that in our recommendation to Metro when they review this, those vested interest be completely protected so no one could be hurt or jeopardized on this. Mayor Ferre: I...I accept that as a modification. I accept that a modification on the. motion. All right, Mrs. Gordon, I move the question. as Mrs. Gordon: O.k. The motion...wouldyou repeat the motion, Mr. Clerk. Mr. Ongie: The recommendation of the City Commission to Metropolitan Dade County to involve themselves in the regulation of private school buses for the safety and welfare of the children. And further stipulating that those vested presently with private school buses, their interest be completely protected. Mrs. Gordon: O.k. Would you call the roll, please. SEP 2 7 1979 its adoptioThe n: following motion Was introduced by ;Mayor Ferre, who moved` MOTION NO. 79-638 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO FORWARD A RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS OF METROPOLITAN DADE COUNTY TO INVOLVE THEMSELVES AS A PUBLIC BODY IN THE REGULATION OF PRIVATE SCHOOL BUSES OPERATING IN THE CITY OF MIAMI SINCE IT INVOLVES THE SAFETY OF THE CHILDREN BEING TRANSPORTED THEREIN;FURTHER, REQUESTING THAT THE INTERESTS OF THOSE OPERATORS WHO HAVE HERETOFORE PERFORMED SUCH SERVICES IN A SATISFACTORY WAY WILL BE PROTECTED Upon being seconded by Commissioner Lacasa, passed and adopted by the following vote: AYES: NOES: None Commissioner Armando :Lacasa Mayor MauriceA:.Ferre Commissioner Rose.Gordon ABSENT: Commissioner (Rev.) Theodore R. Gibson Vice -Mayor J. L. Plummer, Jr. the motion. was 5. DISCUSSION OF PROBLEMS IN THE NEW WASHINGTON HEIGHTS COMMUNITY DEVELOPMENT PROJECT. PERSONAL APPEARANCE: WILLIAM HUTCHINSON. Mayor Ferre: All right, the next item was the New Washington Heights Community Development Project. All right, Mr. Hutchinson. Mrs. Gordon: I have a statement to make and that is this. We promised the people of this area that we would have a meeting in the evening for a full and. thorough airing. Why is it that we are not following our own decision regarding that? The New Washington Heights issue. Why aren't we doing it in the evening, like we promised? Mr. Mrs. don't know that we made that promise, Mrs. Gordon.; Mr. Bond: If I had known at Possibly fora later time. Mrs. Gordon: meeting. would suggest that we defer this and schedule an evening Mayor Ferre: I think that's...I think it's important that we get community involvement here. I'm very greatful to the 6 or 7 people that are here. That they've taken from their time to join with us and discuss this. And I have no objections if they want to talk to us at this time, to hear them briefly. But I think we really should reschedule a public hearing. .34 SEP. jj4 v Mrs. Gordon:; I think we should. And at the same time, the few people that are here, I'in sure some of them have taken off from work, but a lot of them `;aouldn't, take off from work to be heard, and I think it's only fair to have everybody's input. Mayor Ferre: I agree. All right, Mr. Bond. Mr. Bond: In all deference, I think a public meeting at this time,, could possibly be counter -productive to the interests of the contract that exists between New Washington Heights Board of Directors and the City of Miami. But if that's what you want to do, to listen to th people, that's fine. Mrs. Yeah, I think it's fair to do it that way. Father Gibson: Mr. Mayor, and members of the Commission. I want to say this, this may be the third or fourth time that this matter has come up and 'we don't seem to be able to arrive at any conclusion. About 2 weeks ago,. I`called both chairpersons, Mr. Florence and Mr. Hutchinson. Because you...what this Commission did not hear me say last time, I want to repeat again. You're dealing with 2 organizations and until you make up your minds that somebody is going to be it. You're going to still be in trouble, o.k.? I remember so well, somebody called me a Judas. I'll never forget that. Kinda made me mad because I was trying like all get out to get it straight. What..what you are faced with here, as I perceive it, is one group of people are asking you to delve into a contract which you can't really, legally nor morally do. Now, if you don't like the way the group is performing your contract, you got to do one of two things. Either close your eyes or tell them I give you a contract and these are the guidelines you have got to follow. And the day you don't follow the guidelines, that day the contract is null and void. Let me tell you what you all don't know, don't see, don't hear. You can't go out here and hire personnel. Isn't what the crux of the matter is, Bond? Mr. Bon It basically is a personnel problem... Father Gibson: Right. It'll end up right there. You cannot get down in there and hire personnel. You've got to set the policy and let those people worry about it. Now what are you..aren't going to get on the record is, evidently there is a contention about whether or not the people who are on that board...all of the people on that board whether the public had an opportunity to get who they want to Now, if that's that the case, since you issued the contract, or the contracts with you, your going to have to say to these people, you have to rectify that error or, if it's an abuse rectify. Now, I...I warn this Commission, I may be wrong but I think I'm right, I'm 90% right. I'm positive I'm 90% right. Now, those who are hear could speak and if you can make me out a liar, you can stand right to the mike and say Gibson is a liar and he doesn't know what he's talking about. Lets go ahead. Mayor Ferre: Excuse me...Mr. Bond, and then I'll recognize you. Mr. Bond: One thing...a couple of things I'd like to say. Programatically New Washington Heights has not delivered us anything measurable so far this year, under this current contract. With an unqualified statement, I can say that the board operates in a very insensitive manner. We have observed this. Serious concerns have been elucidated by the community as well as by the staff who is monitoring the agency operation. We have problems with the administration of New Washington Heights, and problems with its Board of Directors. I say we, your city staff. We have a performance contract which specifies measurable tasks and goals. It is our plan to evaluate them now in November. I would suggest to you, that if you want to meet with the Board of Directors of New Washington Heights and any other interested citizens, that we either schedule a meeting or be present at their next Board meeting. .35 SEP 2 71979 . . . . • ' • . . .. . Mrs. Gordon: When is that? Mr. Bond: That is probably during the first 10 days of October, mrs. Gordon. .. • - • - , , Mrs. Gordon: .And is it going to ,be. in the evening?, Isiaiteenng • - -• Mr. Bond:. 'Pardon. Ine? - • ,-..- --• • - • . • .. • _ • • „ . . . . Mrs. Gordon: Evening Meeting?. Evening: , • • .• ..• .• • .'.-• • • . . • ..• ,. • .. • , r, • •, Mr. Bond: Ohyes, because- most of the people are- working people. • • • • •'. - , - . Mrs. Gordon: And you're saying that this ComMission should ineet there?. . . • • -. , Mr. Bond: I'm.not saYing-that...yOu should.- Of fering":that-.as- • an alternative.. That ..Y.64:tao:Ineat-at their next regularly scheduled meeting which should. be:during::the..fiatweek:Of:,0Ctober,'. or at the meeting of the. Community DalialgOlna;lt AchiiaOrk-Boatd: for the area, which • should be during the first 10 days of OCtober. . • , . • -.. . . Mrs. Gordon: —A formal : meeting, you're saying, ,or..an-rinfotina1:-We,should drop in kind of "thing.- Is .that what you are tellinvus?•--,.: • , • . • Mr. Bond:. T think it would be advisable to let everybody icno141..who se.;• goingto beparticipating. Who'se going to attend. • . • - . Father Gibson: Let...I want to make this suggestion.. • • Hy:" • . _ . . . Mr. Bond: As opposed to calling a special meeting of this Commission because most of the people are working people... Mrs. Gordon: An night? Mr. Bond: And it does require night nieetings. Their nieetings are already scheduled at night. If you can adjust to theirs I think that they might appreciate that. Father Gibson: MaY,I -make a suggestion? I believe the only way you , are going to solve this problem' is that the Commission ought to issue a mandate. That's right, the Conamission issues a mandate. It says we want to meet. And either they do it in the bucket or get off. That's the way you do. Mr. Bond: That being the case, sir, I might suggest that you consider that at your next meeting so that everbody can have an opportunity to attend who would like to attend. Father Gibson: The point I'm making, Mr. Bond, and I hope"I'uL clear,- . • . that this Commission ought to take the position today, which isl want to meet with you apronto. • ' . • , • Father Gibson: • .... •, ,,,.... Father Gibson: And then invite them down here•and then the buck stops ,-• •••• • - Father -Gibi3On:".-.,,--And--.eVerybody".pl#-:.----.43.si•-,4c._-•:i.Ori!.'•he---,i4b1:. • _ ‘.• •-• • ". • - -• :_•:. • ••• • . . • Mrs. Gordon: ..••Ilake.". a ..mot • Fa tbet::..Gibacin; 1 inove you, sir, thatallthe groups be instructed to be here-,":on-.••ii,•-•given....day,•••.-tO..:be"-•.:"..d.eCide4P.UPOn•••',iiiitUaI1Y...".".frit.ii":-••:fotm—almeeting .•::..":'....-!.."-",-. .• • • •• • - - • - • " • ". : • •• 36 SEP , 79;..9. Mrs. Gordon: Mayor Ferre: There is a motion and a second. Is there further. discussion? Before we vote, I think there's some people here who. have requested...Charles, do you want to be heard on this? All righ your name and -address for the record. Mr. Charles F. Johnson: Chalres F. Johnson. I work with...at`1400 N.W. 17th Avenue I'm the Community Reinvestment Officer at Ameri-First Savings and Loans. I just wanted to advise the Commission on the scope of the situation that we're involved in and perhaps explain what may appear to you to be some dichotomies in whets been happening. The...' if you turn your attention to the concerns of the community, you will, find that the community is concerned with the redevelopment, the economic redevelopment of what is now a ghetto. An area comprised of about 20,000 residents which does not generate the tax base that it should for the City of Miami's budget, nor does it provide a viable living for the 20,000 that are there. Additionally, that area stands immediately adjacent to other areas where we have...where the City has chosen to make substantial investments. And of course, those investments will be jeopardized and tainted by the lack of development in this area. What has happened over the past year, is that the community itself, has seen the value of that economic development. It has come before you and you have seen the wisdom in providing more funds to an agency to perform that economic development. We are now pointing out to you, that there are some problems, some personnel problems that need to be dealt with in order to effect that economic development of which we are all concerned. And the citizens out there are back to you, asking you again, not only for the funds to do the economic development but assistance in getting the community based organizations in shape so that we can carry out a program without fear of any legal...illegal ramifications or what have you. We merely want a good smooth running and successful program. And we are coming to you to point out some problems and ask your assistance in getting those problems rectified. Father Gibson: Mr....Mr. Mayor, but...maybe I speak in riddles, but I don't. You, cannot expect this Commission to deal with nor delve into personnel. That's not•my business. The business of this Commission is to set a policy as you let this money go and expect the people to conform. Now, have we done that? That ought to be placed on the table. Not now, have we done this? And if the policy is not being kept, then you still have to go back to that committee and say to the committee, you haven't kept the policy and this is what has to happen. What nobody is telling this Commission is that you have an executive and a board, the executive fired a person and the...the staff was very dissatisfied with the action. The board did not take any action to rectify the action of firing the person involved and they expect you to do it. You can't do it. Now, if you don't like the executive fire...you can't fire the executive, you tell the board to fire him. 0r if you can't tell the board to fire him, cut off the money. That's what. And it's very simple. Isn't that the problem? Mr. Johnson: That is.one particular problem... isn't that the number one problem? Mr. Johnson: Father Gibson,,, the number one problem is the redevelopmen of thatOvertown area. And T think if we keep our eyes on that 'and we keep our eyes on the responsibility of the City Commissioners to:. createan environment and maintain an environment through which that be done, then Ithink we understand the problem. Father Gibson: Brother Bond, take the' Mike. Brother Bond SEP 2 7 1979 true...noW you know, Brother Johnson, isn't it true that the real problem is that you all are not satisfied with the executive. Mr. Johnson: Father Gibson, it's been my analysis that the community, looking over the past 4 years, that the progress of economic development for which that executive director was charged with administering, I . think they are dissatisfied with the progress on that point. Father Gibson: Answer Mr. Bond. Mr. Bond: I think that that is a real cause. I also think that,a secondary, or even directly associated real cause has escalated to ,the Board of Directors of New Washington Heights also in the establishment • • of whatever it's operational policies are, they have not been addressing the economic development of the area. And that...that along with the administrative policies and personnel action, have caused that community a great deal of concern and have caused your City staff a great deal of concern also. I don't think...I think were singing from the same sheet of music here, it just a matter of how to get thigs changed or get things modified in that area that we are looking for. How to do it within the constraints of the legal obligation that we have with New Washington Heights Board of Directors. We do have a contract with that organization. Mrs. Gordon: We've lost our Commission majority. Haven't we agreed to have this in the evening? Why are we prolonging conversation now. Mr. Bond: You haven t...you haven t voted on it. The motion is on the floor. Mrs. Gordon: We will. We will. Father Gibson: I just hope when we have it in the evening, we go through the same harangue we are going through...you know, have gone through in the past meetings. And if we haven't that we then issue a mandate to that board and to the President. • Mrs. Gordon: I call the question. Mayor Ferre: All right' further discussion? Call the roll. The following motion was introduced by Commissioner Gibson, who moved its adoption: MOTION NO. 79-639 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO COMMUNICATE WITH REPRESENTATIVES OF ALL COMMUNITY DEVELOPMENT PROGRAMS IN WASHINGTON HEIGHTS TO INVITE THEM TO PARTICIPATE IN AN INFORMAL MEETING TOGETHER WITH THE CITY COMMISSION AT A DATE AND TIME TO BE AGREED UPON AT A LATER DATE TO DISCUSS PERTINENT PROBLEMS .„. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES: NOES: None ABSENT: Vice -Mayor J. L. Plummer, Jr. Commissilner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner Armando Lacasa Mayor Maurice A. Ferre SEP IW9 6. ESTABLISH TOURIST INFORMATION CENTER TO BE STAFFED WITH MULTILINGUAL TOURIST GUIDES. Mayor Ferre: All right, Mrs. Gordon, we are now on item c, Tourist Information Center. Mrs. Gordon: The item that you have before you has the backup material relating to the research that was done relative to the practicality of instituting a Tourist Information Center and Tourist Guide in downtown Miami. And in conjunction with other operations that will be taking place when the $2,000,000 grant from Washington is put in place for the beautification of Flagler Street, I suggest that we immediately begin to implement this, which will not take a great deal of study. It is a program which can be put in place with a very small amount of money. And the monies could be obtained either from the grant that is being delivered here today, or the information being delivered here today or from the Tourist Development Authority of Dade County. In either case, it's a necessity for us to begin to consider the people who come here and who go to the downtown area to do their shopping. And many of them do not speak English and find very few people on the street who they can communicate with. Therefore, those tourist guides would be of necessity, multi-lingual people and I'm sure we could find those people. There are many people who are multi-lingual in this community. would.be interested in that position.... Mayor Ferre: motion? Mrs —Gordon: to that effec Mayor Mr. Ferre: All right, di you want 'to`make that in the form of So I would liketo move that. I asked for'a resolution I have not received the resolution... Has the resolution been prepared? Knox: No, sir. Mayor Ferre: ,Well make it in the motion and then we'll get a resolution this afternoon. Mrs. Gordon: I will make it in a motion that we establish the Tourist Information Center and Tourist Guides. That the guides to wear special uniforms of an international flavor, and that the guides be furnished with communication equipment. That a.suitable location for a Tourist Information Center be selected. It could be on several locations on public property that we have downtown because it's important that the guides have a base to which they can refer for additional information for the people that they.are contacting in the streets. And also for the pickup of brochures and that sort of thing which they would make available to the tourists. I so move. form of a Mayor Ferre: We have a motion. Is there a second? Mr. Mayor. second the motion. Mr. Grassie: Just for clarification, two points, Mr Mayor. Is it ,the; intent of 'theCityCommission that. wetakethe.initiative,from`DDA which is now trying.to make this program effective. Mayor.Ferre: Well, lets not get into one of those fights. Look the 39 • CE • ��� DDA is alreadyMOVing':inihiS'AireCtiOn-. They've already go their broucheres published They are moving along, so please WorkiWiththeM H _ mean, this is something that's already in the works with theA)DA..--:- but don't start a fight now between what we're going to doand what they're going to do. Lets just cooperate with them. Mr. Grassie: I...I hope not. That's the point of my question. And the second question is, I don't believe that either of the two sources of funding that have been mentioned are going to be available to support this program. So, what is the position of the City Commission with regard to funding it? Mayor Ferre; Well, we're not addressing that at this point. The motion doesn't speak to that. And that's something that we're going to have to discuss to see...I frankly think the Downtown Development Authority should pay a big chunk of this. And that's something that has to be discussed. You..you work this out...Mrs. Gordon, I think it's an excellent idea, I commend you for it, I support it, and I think you, Mr. Grassie, have got to come back with specific detail. How much it's going to cost, how it's going to be paid for, who'se going to pay for it... Mrs. Gordon: There. .we have that, Maurice, in your packet and it was prepared by the Authority. And it does have precise information as to the cost. The total package that they have, but not including the Tourist Information Center is $97,000. You could say $98,000... $100,000 if you want to round it off. And whatever it would cost to put in place the center itself. I do believe, frankly, that the Tourist Development Authority and the money that's coming in from the bed tax ought to pay for this, frankly. That is an important area. Mayor Ferre: I can't think of anything more important for the tourist development...for the tourist taxesofwhich 25% are collected within the City boundaries of the City ofMiami. I'm sorry, 40% are collected within. Did you know that? Mrs. Gordon: Yeah, I know it. And that's another reason that I would like etriphasize that we approach the Development, Authority for the money right away. Mayor Ferre: And...and the Tourist Board, whatever its title, its natne is. Mrs. Gordon: The Tourist Information Center monies.... Mayor Ferre: No, no. The Metropolitan Dade County Tour Mrs. Gordon: Development Authority? Mr. Grassie: Development Council. Mayor Ferre: Council. Mrs. Gordon: Tourist Development Council of Dade County. OA. Mayor Ferre: Is there further discussion on this motion? Your name and address for the record, please. Mr. Joel Jaffer: Joel Jaffer, 3500 Pan American Drive. I saw in the budget that most of Miami's allotment for the tourist room tax would be used for the Conference/Convention Center. I just wanted to bring that to your attention. Mayor Ferre: That's not so. Mr. Jaffer: Its in the...on the page of Conference Convention Center. 40 SEP 2 7 1979 er. 1 Mr. Ernie Fannato: Mr.,Mayor, I'd like to -say a little something on this: Mayor Ferre Ernie.. All right, your name and address for the record, please Mr. Fannato: Ernie Fannato is my name. My address is 140 N.W. 9th Avenue, Miami. I'm President of the Tax Payers League, Miami. and. Dade County, and the Homestead Tax Exemption League. The question that I'd like to know, is how is it going to be funded if the Tourist Development Authority doesn't fund it, and the. City funds it, how much is it going to cost? How many employees are we going to have and approximately what the salary is going to be. These are questions that I'd like to know before you vote on this. AndI think the people should know. The question is, if it's not going to be funded by the Tourist Development money... Mrs. Gordon: That's what the motion includes, Ernie. If. it it will come back and you will be here to speak to it again is not coming out of the General Fund. Mr. Fannato: Well how many employees is this? doesn't` This anticipated in hiring for Mrs. Gordon: This is set on the basis o they have to have shifts. Mr. Fannato: And how much O'"tourist salary.are they getting? guide`s: because Mrs. Gordon: It's set up,,on the basis...the salaries are not very high, $700', or'$3.50;an hour. That's how it's set up. The base is $3,50: probably a little:. low if you're going to get a bi-lingual or multi-lingual person.`: Hutson the other hand, there are a lot of retired people wholive in this community who might be interested in a position such as this. You know, and serve do it as a public service as well. Mr. Fannato: Mrs. 'Gordon: Mr. Fannato: Well who is going to hire these employees? Who is going to supervise this? The City would. reason I ask you ,that, the` reason I 'ask;youu .:that, Rose..,.,. Mrs. Gordon: The City would. supervise_i Mr.`Fannato Huh? Mrs. Gordon: The City would. Mr. F annato: Mrs. City personnel? Gordon: City would supervise and do the hiring an so forth. Mr. Fannato: City personnel? Mrs. Gordon: The money would bea grant from the Tourist Development: Council and then the City would.:<have:that;money to.,do the hiring. of, these people, who would then become guides for ;the Development: or. for the tourist.. accomodation;for the tourist of downtown. Mr. Fannato: Are these going to be part-time positions or year round? Mrs. Gordon: Honey, ':you're welcome be glad to give it to you. =f� o have a, copy of'this. 1`]. SEP 2 19 Mr. Fannato: Well voting for it. Mrs. Gordon: I. don't. want to prolong it because it's 12>o'clock and we have other items we haven'ttouched on. I'll gladly give: you this and you can look it over.;,.0.k.? Mr. Fannato: Weil the reason I'm up.here is you know, nobody can apply >: for these jobs. It seems. like they are always cut;and dry. There'is always 2 groups thatget them. Mrs. Gordon: Well I'm Mr. Fannato: And once and for all, I'm going to standup here and :tell`. you folks, if I'm going to make it an issue in this election, all the money belongs to all the tax payers in Dade County...I mean the City of Miami. And all the City employees should have equal; right to aPpiyr. for these positions. But it.,hasn't been;; that. way. And.I'm .'and;Ifor one, am going...and I'd like to know what's going to happen'here because; it just...things just don't happen::, right' in this City and in the County.: And your County Manager...I mean you City,Manager,`,Mr. Mayor, I have an urgent message that T'd...I'd like'toi ;have. you as his supervisor.., Mayor Ferre: I'm not his supervisor. Mr. Fannato: Well,`I mean you. .you supervise...you to play a part in the "consortium program.... Mayor' Ferre: n the what? Mr. Fannato: In the consortium program whateveryou pronounce it. He,.as:'_City the Cartotion progam... Mayor Ferre: Oh, in the Consortiumo. recommended his Consortium program,; Manager,.represent you folks in Go ahea got it. Mr.'Fannato: Yes.- Now, let me just show you What's taken place in there. And this is of vital importance to this community. Mayor, I want you to hear, I'm just not:going to stand here just for the fun of it, you know. In order to apply, to become an applicant to be put on that agenda,_ not listen to this. And this the most irresponsible and the most stupidest thing I've ever seen happen. And this is directed by: County Managers', City Managers, and people like that. Now here's what:it reads. Written request shall include the purpose of the request, staff remedies or procedure exercise, anticipated results designed by the addition :of the:item. In order to get on the agenda, now listen to. this. Mayor,.you're not listening and I won't start until you do. Mayer"Ferre: All right. Mr. Fannato: Public, requested items shall be submitted 15 copies. Mayor Ferre: Ernie. Mr. Fannato: Now wait a minute. This is important: because these are.. Mayor Ferr: This has nothing to do: with Information Center.'` item c which is Tourist Mr. Fannato: I know but this is the'same old; story here. Now, here's a County Manager,.City Manager requesting.15 copies of letters... Mayor Ferre: I don't mean to be rude to you but you're being rude'.to.;. Mr.`Fannato: , noI'm'not either.` You 42 SEP 2 7 isi9 • yorFerret' Mr. Fannato: You folks are not doing what's right... Mayor'Ferre I"will be happy to recognize you after -we v got through the official business on the record. Mr. Fannato: Well you recognize' other people for other matters' in between. Mayor Ferre: I'll recognize you, Ernie. But not now, We're in.the middle of voting on an item and you're talking about something tthat" is totally unrelated.' Mr. Fannato: Ahwell, it's going to be supervised by the same, source, the City Manager. Now he's recommended 15 letters to be put on the agenda. Did you ever hear such a stupid thing in your Iife? Huh? ;Did `you ever hear such a stupid thing. Mayor Ferre: I'll recognize...I'11 recognize you we finish with this.. Mr. Fannato: 15 copies. Theres...not mine. Mayor Ferre: All right. Is there further;. discussion on item c as moved and seconded? If not, call the roll, please. AYES: NOES: THEREUPON THE'FOREGOING MOTION was duly introduced by'• Commissioner Gordon and seconded by Commissioner Lacasa. was passed and adopted by the following vote: Commissioner Armando Lacasa Commissioner Rose Gordon Mayor Maurice A. Ferre ABSENT: Commissioner (Rev.) Theodore R. Gibson Vice -Mayor J. L.`Plummer, Jr. (LATER FORMALIZED BY RESOLUTION NO.79-671) 7. URGE FINAL CONSIDERATION AND PASSAGE BY CONGRESS OF THE 'INTER- GOVERNMENTAL FISCAL ASSISTANCE AMENDMENT OF 1979" (SUPPLEMENTAL FISCAL ASSISTANCE ACT.) Mayor Ferre: Now on item d... Mr. Fannato: Well then, you don't want to talk about this... Mayor Ferre: Yes, yes, yes. If you want... Mr. Fannato: Mayor Ferre: anytime... Mr. When? Afwe finish with the agenda, After, SEP 2 7 ;979 Mayor Ferre: Anytime you want to just get up and talk and scream a this Commission. Mr. Fannato: m not screaming but look, let the tell you something... Mayor Ferre: Just. hey, you will be recognized at the appropriate time, Ernie. :Mr. Fannato: Well that's...6 o'clock tonight. Mayor Ferre: No, sir. We'll do it before we break today. •Now, we have item number'd,"which Mrs. Gordon has requested, and I agree with, we should try to wait for Commissioner Plummer this afternoon, if he's here, hopefully. The discussion of the cost of living, I think that's something that Father Gibson is interested in and I think we should wait for him. Mrs. Gordon: I think Mr. Plummer would be interested in that too. Mayor Ferre: And Plummer too. O.k. Then we have item number f, which is transfer of City's title to the Off -Street Parking Garage, and I know Plummer is interested in that.' So we ought to hold._off on :. those 3 things. .All right... Mr. Lacasa: Mr. Mayor, at this Mayor Ferre: Mr. Lacasa. time... Mr. Lacasa:. I would like to recognize Chief Harms for the purpose o giving us a verbal report on the latest incident on. the. ;;glass. residents. Chief. Mrs. Gordon: May I ask your indulgence just for one second because this will be a long discussion, I'm sure. There is a need, Maurice, to...for us to act as a Commission. I'll read you the ..I'll read you a letter which covers it... Mayor Ferree Mrs. Gordon: O.k. Rose, I'tn going to recognize you :for that but.'.: It's very short. Mayor Ferre: Yeah, I just want to make a statement to all of you here. And then we'll recognize you. We have a special Assistant to President Carter from the .White House, who is here to make an announcement. And he has to catchy plane. He just got here at 11:30 and he's leaving in 111 hours. So,, we're going to take him up at 12:15 sharp. I don't mean to be rude to anybody, but that will be the next item after your statement, and yours. Go ahead, Mrs. Gordon. Mrs. Gordon: I would like the entire Commission to express our concern for the immediate passage of the Inter -Governmental Fiscal Assistance Amendment of 1979. It's also known as the Supplemental Fiscal Assistance Act. This bill has currently passed the Senate and is assigned to the House Governmental Affiairs Committee. I would like us to send a letter to Honorable Tip O'Neil, Speaker of the United States 'House of Representatives urging him to expedite it's final consideration and passage by the full House of Representatives. And I would like to move that in the form of a motion now, and have an appropriate resolution prepared, Mr. Lacasa: Second. Mayor Ferre: All right. ;There,s a motion, further-disucssion. Rose, out of courtesy to you, I didn't interrupt. It's a completely unrelated,'` matter .to what.. Mrs. Gordon: Mayor Ferre: and you know, Mrs. Gordon: Mayor Ferre: Mr. Jaffer: Mayor.Ferre' AYES: NOES: It's ashort item and it won't take too much time. Yeah, but what .you. did is, you: cut hit. So lets... I did that only because we O.k. Call the roll. Can ,;h speak to this, please, he was in the middle of 'something, re going to . `Mayor. be short of time. THEREUPON THE FOREGOING MOTION was ;duly .introduced by Commissioner Gordon end seconded by Commissioner Lacasa was passed and adopted. by :the following vote: None Commissioner Armando Lacasa Commissioner Rose Gordon Mayor Maurice `A. Ferre ABSENT: Commissioner (Rev.) Theodore R. Vice -Mayor J. L. Plummer, Jr.` (LATER FORMALIZED BY RESOLUTION NO. 79-670) Gibson 3. EXPRESSION OF CITY COMMISSION SUPPORT OF THE POLICE DEPARTMENT IN CONNECTION WITH RECENT INCIDENT AT THE CLASS RESIDENCE Mayor Ferre: All right, Mr. Lacasa, back to you now on your question with the Police Department. Mr. Lacasa: Chief Harms. Chief Kenneth Harms: Mr. Mayor, members of the Commission, Commissioner Lacasa, ifI understand your question, you want an update on the service of the warrant on the Glass residence. I'm going to attempt to avoid some of the detail because of the pending litigation. But what I'd prefer to do is to respond and just give you a brief chronology of what occurred and where the case is at the present time. The service of the warrant on the Class residence located at 123, 1231 N.W. 34th Terrace, occurred on September 19th, in the late evening hours, just shortly before midnight. The warrant was served pursuant to the court order, or the warrant itself, which was issued by a judge':, after reviewing the evidence that was presented to the judge. Now, that evidence was based... Pick up the microphone, please Chief, we'd hear you better. Chief Harms: That evidence was based on affidavits presented to the judge by the officers involved in the investigation. As a resulted of their observations and the controlled narcotics buys that had taken place from that residence, the warrant was served through the same door 4 SEP 2 71979 that the narcotics transactions had originated from. The warrant service at that time, took approximately 15 minutes in one part of the location of the house itself and then extend into another area of the residence, where a subsequent arrest was made and narcotics were confiscated. Mr. Lacasa: Chief, I understand according to the press, that you are snaking a recommendation, at this point, that the Glass family be paid for the damages that might have happened to the door of the apartment,; whatever. Is that your recommendation? Chief Harms: Basically, that's correct. The situation of compensation itself for damages was addressed initially on last Friday, between the Department's Legal Advisor and Mr. Glass. And he was told at that. time to give us the itemized list of damages and that that information would in fact, be turned over to the Law Department with the recommendation from the Chief of Police. Now, it was my recommendation, or it will be my recommendation, to review the claim that Mr. Glass and his family are making... Mayor Ferre: I' don't understand that. What do You mean to review? I mean, that's what you've been doing since Friday. Chief Harms:' I think it's incumbent on meto review . the natureof""the claim... He claims that a car was damaged in the process of the warrant; service and it has no relationship to "the.:warrant service at all. - And I'` would certainly have to make a recommendation in that"regard, Mr. Mayor. Mayor Ferre: I have...Chief, that's not that question. I don't have any problems with that at all. Now let me tell you where I'm at since this matter has now come up before this Commission, so we understand each other. Let me first of all say, that I think that Captain Cosgrove happens to be one of the most qualified officers that the City of Miami Police Department has. He's tremendous. And I'm very impressed with him, I happen to like him personally. And I consider him to be an excellent officer. I cannot, however, agree with the statement that was reported in the press:. where Captain Mike Cosgrove comes out with a statement. And he says, those people should not be compensated for their door being bashed in, at the cost of $300, or whatever, because they had knowledge of drug transactions. Now, that has not been determined, as far as...as I understand and...and there's a lot of questions about that. I don't know any of these people, but from what I gather from the press, I think that the police acted properly, this is no where...I don't know why some members of the press are trying to tie this to the LeFleur case, it has no relationship to LeFleur. We have to be tuft and harsh against drugs. There is no question about it. We muss: do that. And there was an honest mistake made and it was a mistake that anybody would have made in knocking down that door. However, it is my personal opinion, that since we did destroy a door by knocking it down or breaking it or whatever, that we should replace that door, period. No more, no less... r, that's correct. You and I have... Mayor-Ferre: 'It has nothing to do with the car, it has nothing to do with his injury on his back from 10 years ago, or whatever else they are try to get into this for legal reasons. Chief Harms: You and I have no point of disagreement in that regard, in the damage that was in fact created by the Police Department, it would be my recommendation that the Police Department compensate the people for that damage. Father Gibson: I was about to say that the replacing of a door was much cheaper than the life of a person, and it would appear to me that the least we could do, -and I don't take the position a lot, of ;other' people do. As much`as'I-want you to apprehend the other part of the coin is, if I'm not guilty, why do it to me. And if you made an honest • 46 SEP 2 � M mistake, then you ought to rectify your honest mistake and just-:: admit.that,you made a."mistake."'I heard the news myself and I said, you mean to tell. me that those people were not guilty, they went to the wrong door, . you know, Chief,;replace it man. P.R. is important. Mr. Lacasa: Well, Chief, the reason I called you and asked for a 'verbal report is this, 1 am of course, very concerned that a mistake of any nature, could result in damages to the citizens. I feel very strongly, that the citizens have the right of privacy, has the right of being protected. And -I apologize to the Glass family,as a Commissioner of the City of Miami, and I hope that the Commission' sees fit to do the same, if they are innocent and because of the mistake that happened, and whatever resulted out of this mistake. But above all, and this is the most important part of this, the press releases that I've been reading, convey a feeling to the citizens of the City of Miami, that our Police Department acted very hastily and quite frankly, it could result in loss of credibility for the City police. If there is a single issue that the citizens of Miami are concerned with, is their security, restraint in crime, and the fight against drugs. Here we have Valentine Blanco who is the, Chairman of the Action Committee of the Wynwood neighborhood. Abou 3 weeks ago, I had the opportunity to attend a meeting of this particular committee. And their main complaint was precisely in this neighborhood where this, situation took place. And if I recall correctly, the neighbors of Wynwood'are calling the Roberto Clemente Park, which was built and created to provide the children of the area with recreation, they are calling Roberto Clemente Park the shopping center. You know ,the shopping center for what? The shopping center for drugs. And this is a well know fact in this particular area. I don't see how we can ask our police department to effectively enforce the law and protect our community if we don't show our support for them. So, I hope that this doesn't happen again, and of course, I know for a fact, that the Police is the first to be very concerned about these kind of mistakes. But I do feel that it is in order, that this Commission, at this particular time, show its support to our Police Department in an unequivoque way. And that we can ask our community to understand that mistakes can happen, that we can remedy those mistakes, that we want the citizens to feel safe in their houses from both the crime element and also po' ze mistakes. But that above all, we support our Police Department anL we feel that the men that are out there on the streets risking their lives for our own welfare, deserve our recognition and deserve to be considered as human as anyone else when a mistake is made. So I move that this Commission... Mrs. Gordon: That's a good motion. Mr. Lacasa: I movethat this Commission movesthismotion of support of our Police Department at this point. MayorFerre: A11 right, theres<a motion and a discussion on the motion? Mrs. Gordon: On discussion on the motion because we will be talking budget today. It is very important that we also consider the burden that's placed upon the men who are in our police department because they are undermanned and understaffed and they do need more...we do need more personnel. And we should take that up later today. I'm speaking favorably of this, I think they are doing an outstanding job even though they are short-handed. Mayor Ferre: Further discussion? Call the roll. 47 SEP 2=7 1979 who The following motion was introduced by Commissioner Lacasa moved='its 'adoption: MOTION NO. 79-642 A MOTION OF THE CITY COMMISSION RESTATING ITS CONTINUING SUPPORT AND BACKING OF THE CITY OF MIAMI POLICE DEPARTMENT IN CONNECTION WITH THE RECENT INCIDENT IN THE CLASS FAMILY RESIDENCE AND ASKING THE CITIZENS OF THE COMMUNITY TO REALIZE THAT POLICE OFFICERS RISK THEIR LIVES ON A DAILY BASIS FOR THE COMMUNITY'S WELFARE AND ALSO TO RECOGNIZE THAT SUCH POLICEMEN ARE HUMAN AND ARE CAPABLE OF MAKING MISTAKES; FURTHER ASSURING THE CITIZENS OF THE CITY OF MIAMI THAT IS THE DESIRE OF THE CITY OF MIAMI COMMISSION THAT ALL CITIZENS FEEL SAFE IN THEIR HOMES AND THAT ANY MISTAKES BY THE POLICE DEPARTMENT CAN BE CORRECTED BY THE CITY COMMISSION Upon being seconded by Commissioner Gordon, passed and adopted by the following vote: AYES: NOES: Commissioner Armando Lacasa. Concnissioner Rose Gordon Mayor Maurice;A. Ferre ABSEN: Commissioner (Rev.) Theodore R. Gibson Vice -Mayor J. L. Plummer, Jr. 9. PERSONAL APPEAlANCE: AMBASSADOR ESTEBANT TORRES, SPECIAL ASSISTANT TO THE PRESIDENT inre FEDERAL GRANT RECEIVED FOR IMPROVEMENTS TO THE "LATIN QUARTER". Mayor Ferre: At this time, ladies and gentlemen, it is my pleasure... and I'm going to say half of this in English and half in Spanish, I'll try to keep them both the same, to welcome to our community Ambassador Estaban Torres, Special Assitant to the President. President Carter has requested Ambassador Torres to come to Miami to make a special announcement for the White House and I think is a matter that is of serious concern and of interest to all of us. (AT THIS POINT, MAYOR FERRE TRANSLATED HIS PREVIOUS STATEMENT). I want to, in presenting Ambassador Torres to you, to tell you that...some brief history. Ambassador Torres came up through the ranks of labor and he ended up in a very important position in the United Auto Workers Union in California. He was selected by President Carter a few years ago to be the President's representative at UNESCO where he served with great distinction of 11 years. He has now been appointed to an even more important job, as Special Assistant to the President of the United States. I give you Ambassador Estaban Torres. It is my pleasure to introduce to you Ambassador Torres. Ambassador: Thank you, Mayor Ferre, ladies and gentlemen of the council, ladies and gentlemen. President Carter in his speech last week before the Hispanic Congressional Caucus made special mention of the humanitarian effort that the City of Miami, and the citizens of Miami, and Mayor Ferre expressed or manifested in their humanitarian assistance 48 SEP 2 71979 to the Dominican Republic in the wake of Hurrican David. I think the President is very happy, tremendously happy over the kind of solidarity that this City showed in rendering that type of humanitarian assistance to a country that was really devasted by the elements of Hurrican David and he asked me to thank all of you very much. Having said that, I am here today, very pleased to be in Miami, to announce on behalf of the administration, especially the Economic Development Administration, the Department of Commerce, a major, what we consider a major economic grant. A grant of 12,000,000 for the revitilazation of Little Havana, community of Miami, here. Little Havana is the city's most populas target area as we see. There. istremendous interest on the part of the Economic Development administration to allow the Little Havana Development Authority under the leadership of its President, Willie Gort, and also the leadership of the Mayor. This is a joint venture between the City and this community. Both making application to the Federal Government for this grant. So I'm happy today to announce to you, that this grant is forthcoming in the amount of $2,000,000, which of course is matched by, the City of Miami, for a total of $4,000,000. Now this is a tremendous begining. To begin to marshall together the kinds of economic forces, economic juices, if you will, to allow this community to move on the road to implementing the kind of economic growth that is important to the well being, not only of that community, but of the City as well. There are many examples across the country of projects like this. And the administration has been most pleased and is very happy to be able to at this time, to move on this one and I'm here today, as I said to you, to announce the $2,000,000 grant which will be matched by the City of Miami, for a total of $4,000,000. I congratulate the President, Willie Gort, of the Little Havana Development Authority. Again, Mayor Ferre, all of you that participate in adventure. (AT THIS POINT, AMBASSADOR TORRES TRANSLATED HIS PREVIOUS STATEMENT) . Mayor Ferre: I'm going to recognize each member of the Commission so that they can each make a statement in reference to this. First of all, I would like to...before the Commission speaks, recognize our good friend, Willie Gort, who is the President of the Little Havana Development Authority and who has had the happy occassion of sponsoring this and furthering this matter with trips to Washington. And through a great deal of effort over the last 11 years. Willie, before I recognize you, in ordertof how this all came about, I think it's important to recognize Armando Lacasa who in those days, was the President of the Little Havana Community Development, and who along with Dena Spillman, who is also here, and others who participated, had the happy thought of creating a Little Havana Latin Quarter and asking for special funds from the Federal Government. So, let me recognize Will and then after that, Armando, I'll recognize you. Mr. Willie Gort: Thank you, Mr. Mayor, Senior Torres. First of all, I'm going to ask you to allow me to speak in Spanish since we have so many members of the Little Havana neighborhood here, who don't speak English, I'd like to address myself in Spanish first. (AT THIS POINT, MR. GORT MADE A STATEMENT IN SPANISH). I would like to ask the members of the board to please come up here for a minute. Now briefly, this is a dream that comes true, it started 10 years ago. Arid one of the reasons...(APPLAUSE)...the main reason this has come true is because of the benefit and the work that we all have done together. I think the City, all the department, the Mayor, the Commissioners have pulled together...and the wonderful board that I have here which has helped a lot, and you people there that makes this possible. I think mainly what we had to take into consideration is this is going to be an economic development of the area that is going to benefit everyone in here. Anita Gofinio, please come over here. This is the board of Little Havana Development Authority. The one I'm very proud to serve and I thank you., (APPLAUSE) First I'd like to introduce Raul Alvarez who is the architect, he never stops work, even when he's sleeping he's working for Little Havana. Raul Alvarez. Dr. Eduardo Padron, Dr. Beckett, AnitaGofinio, Maria Elena Torrinio, 49 SEP 2719?S Mayor Ferre: Ladies .and gentlemen, so that we know exactly what these $4,000,000 will do...we want to be most appreciative and greatful to Ambassador Torres who is the Special Assistant to the President of the United States, taking of his time in flying from Washington this morning to be with us and bring us this good news. And I want you to know that we are going to get busy right away spending our money, which is tax payers money that have not come gack Miami for the improvements of the Little Havana area. Thank -you very much, ladies and gentlemen. Ladies and gentlemen, I forgot in the excitement of the moment to make a presentation which I'll do at this time. And I'm sorry I forgot it previously. Father Gibson: It shows you can get excited. Mayor Ferre: It is my pleasure and honor to welcome our distinguished • guest, the Special Assistant to the President, Ambassador Estaban Torres. And on behalf of the City Commission and the people of M.iarni, I would like to give him, at this time the symbolic key to our City in appreciation for all of his untiring efforts on our behalf. Ambassador Torres: Very nice. Thank you very much. Mayor Ferre: All right, you're all invited to a...you're all invited to a luncheon that we're going to have for the Ambassador at the Centro Vasco. It is on 8th Street and 22nd . We'll be there . .s.le '11 start at 1. We'll break at quarter to 1. WHEREUPON the City Cotrtrnission recessed at 12:50 P.M. and reconvened at 3:00 P.M., with the followitic, members of the City COtriMiSSi011 found to be pre6ent.• Commissioner Rose Gordon Cott:rni.ssioner (Rev.) Theodore R. Gibson Commissioner A.rmartc.lo Lacasa Mayor Maurice A. Ferre ABSEN: Vice -Mayor J. L. pluinmer, , Jr. 10. ACCEPT BID: PIERCE MANUFACTURING,INC.-REFURBISH ONE 1965 MODEL PUMPER (FIRE DEPARTMENT). Mayor Ferre: Ladies and gentlemen, I apologize for the almost 1 hour delay but we had, this morning, a $2,000,000 grant given to us by the White House. And Ambassador Torres, who is a Special Assistant to President Carter was here and we had to show our gratitude. And it took us an hour longer than I thought. So I apologize to all of you who have been waiting. We'll be under way in just a few minutes. We've got Commissioner Lacasa who'll be..left right behind me and should be here any moment. In the meantime, if you want, Mr. Manager, are there any items that we could take up that are non -controversial? Housekeeping items that you feel we might be able to vote on without getting into discussion? Mr. Grassie: Yes, sir, we do. There are a little further on in the agenda. 50 SEP 2 7 197S LuisSabines, Luis Larredo,<Viriglio-Perez, Rogelio Leslie:,Pantin; Rodriquez -Quesada. Thank you. Mayor Ferrel At his time,_it's my pleasure to`recognize Commissioner Armando'Lacasa, who for several years was the President of the Little, HavanaCommunity Development Center. Mr. Lacasa: Thank you, Mr. Mayor. This project is of special significance to me because during the 5 years that I had the'previlege of being the Chairman of the Little Havana Community Development, we worked very closely with the neighbors, with institutions such as the, Latin Chamber of Commerce and with the City of Miami, and later with the newly created Little Havana Development Authority. At which, at that time, I was the Vice -Chairman. For us, this is a very happy moment because through this program we'll not only be able to improve our area, but also to. contribute to the benefit of the whole community. Little Havana could eventually become a major tourist attraction. And this will not only be for the benefit of the Latin community but will be also a way to pay back to the whole Miami area for the much that they have done for us. (AT THIS POINT, COMMISSIONER LACASA TRANSLATES PREVIOUS STATEMENT INTO SPANISH.) Mayor Ferre: At this time, I would like to make special mention of a very distinguished American that has come down with Ambassador Torres from Washington. He is the President of the National Organization of Hispanic American Democratics. And he is also the Chairman of the Board of the single most successful Hispanic program in the United States, in Los Angeles, and it is my pleasure to recognize Mr. David Izarraga David, would you .join .us. 1 might say, ladies and gentlemen that David Izarraga was one of the people who spent the most time with President Carter in Camp David during the 14 days that he deliberated. At this time, I would like to recognize Commissioner Rose Gordon. Mrs. Gordon: First, this is a very, very happy day for everyone in this room and all those people who are not here with us, who will benefit from the grant that is being made available here in the City of Miami. I have my aide, Miriam Abety who is going to translate for me to those who do not speak English, Miriam. Many years ago, long before I became a Commissioner in 1971, as a member of the Planning and Zoning Board of the City of Miami, that I had a dream. The dream was that the latin flavor of our community would be made enhanced so that all the people who had come here from all over, would be able to recognize that we have a special group of people who have made this their home. At any rate, simply to tell you this that dream which began about 11 years ago is now finally...the hands of government do not work very quickly they work very slowly, but today we are standing here all of us with the fulfillment of a dream which 'began a long time ago. To have a Latin Quarter which would be centered around S.W. 8th Street and 12th Avenue. Thank you. Mayor Ferrer: All right now, at this time...at this time...is this working or not? At this time, I would like to recognize Father Theodore Gibson. Father Gibson: Mr. Mayor and members of the Commission. I am very greatful that we are receiving this grant. And I hope and trust that we all will use it to the best of our ability. But I want to add another note for...Mr. Ambassador, would you tell the President when you go back, that I happen to have been one of the people in Washington about 3 Fridays ago representing the State of Florida, and I made the comment there and I want to make it here for the benefit of all of us because this is a part of politics. In all of my life, I have never been to a national conference, white, black, rich, poor, where the entire staff was more on key, more on key. Meaning that most of the people, all of the people who spoke to us and with us in Washington 3 Fridays ago, spoke from the heart and not from the head, and I want to congratulate the President for that. And I hope you and I will remember that later on. 51 SEP 2 7 1979 Mayor Ferre: All right, tell us where they are. 4r, Grassie: If we go past the...all of the.ordinances and go to the ,resolutions, item 26. Mayor Ferre: All right, take up item 26. The refurbishing of... refurbishing 1--1965 model pumper in the Fire Department. Is there . a'motion? The Fire Department wants to refurbish a fire pumper and it is item 26. Father Gibson: I move. Mayor Ferre: Moved by Father Gibson. Mrs. Gordon: I'll second... Mayor 'Ferre: O.k., it's,been-seconded by Mrs. .Gordon. further discussion on`item '267. Call 'the roll,please. The following resolution was who moved its adoption: was 26. introduced by'Commissioner'Gibson RESOLUTION NO. 79-643 A'_ RESOLUTION ACCEPTING THE BID OF PIERCE MANUFACTURING., INC. FOR FURNISHING REFURBISHING ONE 1965 FIRE PUMPER FOR THE DEPARTMENT OF FIRE: AT A TOTAL COST OF $81,307.00; ALLOCATING FUNDS FROM TIME FIRE FIGHTING, FIRE PREVENTION, AND RESCUE FACILITIES BOND FUND; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PRUCHASE ORDER FOR THIS SERVICE (Here follows body of resolution, omitted here and onr file -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 ABSENT: -Commissioner (Rev.) Theodore RGibson:: • Commissioner RoseGordon. Mayor Maurice A.Ferre Vice -Mayor J. L. Plummer, Jr. Commissioner Armando Lacasa :.ASCAL-I?ILGO INFOPJ1ATION SYSTEMS, INC. 11. ACCEPT BID: 24 FIRE SYSTDs' MODEMS (FIRE DEPARTMENT) Mayor Ferre: Take up item 27. 24 fire system modems. Fire Department recommends. Father Gibson: Move. Mayor Ferre: Moved by Gibson. Is there a second? ;5 SEP 271979 Mrs. Gordon: Mayor Ferre: on item 2'7.' t` Second. Second, by, Gordon. Further discussion? Ca1l'`the roll Tlie following resolution was introduced by Father Gibson,', who moved its adoption: RESOLUTION NO.•:79-644. A RESOLUTION ACCEPTING THE BID OF RACAL-MILGO INFORMATION SYSTEMS, INC. FOR FURNISHING 24 FIRE SYSTEM MODEMS FOR THE DEPARTMENT OF FIRE: AT A TOTAL COST OF $24,066.00; ALLOCATING FUNDS FROM THE 1976 FIRE FIGHTING, FIRE PREVENTION, AND RESCUE FACILITIES BOND FUND AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS EQUIPMENT (Here follows body of resolution, omitted -here and on:`. file in the. Office of' the City Clerk). Upon being seconded by Coimnissioner Cordon, the resolution was passed.; and adopted by the following vote AYES: Commissioner Rose Gordon Commissioner,`:(Rev.),Theodore R. Gibson. Mayor, Maurice A. Ferre NOES: None ABSENT: 12. ACCEPT GRANT: Vice -Mayor J. L. Plummer, Jr. Commissioner Armando Lacasa "KWANZA FESTIVAL-3aD YEAR" FROP METROPOLITAN DADE COUNTY, FINE ARTS COUNCIL OF FLORIDA,ETC. Mayor Ferre: Take up item 28. Authorizing the Manager to accept grants from a cultural program based on Afro-American heritiage entitled "Kwanza Festival". Father Gibson: Move. Mrs. Gordon: Second. Mayor Ferre: Father Gibson moves,; Mrs. Gordon_ seconds. discussion? C all the roll. SEP 2 7 1979 The following resolution was introduced by Commissioner Gibson who moved its adoption: was RESOLUTION NO. 79-645 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT GRANTS FOR A CULTURAL PROGRAM BASED ON AFRO-AMERICAN HERITAGE ENTITLED "KWANZA FESTIVAL-3RD YEAR" FROM METROPOLITAN DADE COUNTY, FINE ARTS COUNCIL OF FLORIDA, AND OTHER REVENUE SOURCES, AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY IMPLEMENTING CONTRACTS AND AGREEMENTS UPON RECEIPT OF THE GRANTS (Here follows body of resolution, omitted here and on. file in the Office of the City Clerk). Upon being seconded by Commissioner Gordon, the passed and adopted t_ the following AYES: NOES None ABSENT: ommissioner (Rev.) Theodore R. Gibson Commissioner. Rose -Gordon Mayor Maurice A. Ferre Vice -Mayor J. L. Plummer, Jr. Commissioner Armando Lacasa 13. ALLOCATE $ 5 , 000 CF S::_ SUPPORT FOR "RE-ENCUETITRO CUEAI; 1979" Mayor Ferre: The next one is item 33. Mrs. Gordon: Move. Mayor Ferre: Moved by Mrs. Gordon. Father Gibson: Mayor Ferre: Second ;by Father Gibson. Call the roll. Further discussion on 33? The following resolution, was introduced who moved its adoption: by Commissioner, Gordon,: RESOLUTION NO. 79-646 A RESOLUTION IUBOO ESPONSOREDH BYHTHE CITY UL RE-ENCUENTRO C AND THE NATIONAL MIAMI, THE UNIVERSITY OF MIAMI, ENDOWMENT FOR THE ARTS, WHICH IS97 BE HELD9; PROVIDING ON SEPTEMB R 12 THROUGH OCTOBER 8, 1 A GRANT OF CASH ASSISTANCE IN T UNIVERSITYAMOF F $5,000 TO RE-ENCUENTRO CUBANO, MIAMI, SAID FUNDS TO BE ALLOCATED FROM SPECIAL • PROGRAMS AND ACCOUNTS, QUFURT�iiER PROVIDINGLIFE GTHAT COMMUNITY FESTIVALS; AND THE SAID ASSOCIATION THEBMIT TO THE DATE OF SUCHIFESTIVALER, WITHIN 60 DAYS A DETAILED ACCOUNTING OF GROSS RECEIPTS RECEIVED BY IT BY WAY OF FEES AND FUNDS RAISED IN CONNECTION WITH ACCOUNTING OF FEUNDSVDISBURSED,ER WITH A DETAILED INCLUDINGTHE MANNER D, TOBEDISBURSED,TOGETHER WITH A STATEMENT OF TO THE SUMS DISBURSED (Here follows body of resolution, omitted here file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson was passed and adopted -"by the following vote:' AYES: Commissioner Rose Gordon Commissioner (Rev.) Theodore R Gibson' Mayor Maurice A. Ferre` NOES: None ABSENT: Vice -Mayor J. L. Plummer, Jr. Commissioner Armando Lacasa 14. ALLOCATE CASH SUPPORT FOR: "SEVEi1TE AP1UUAL :%ISPA 1IC EI ITAGE ��JtIC\I1 Mayor Ferre: Item 34. Mrs. Gordon: Move. Father Gibson: Second. Moved by Mrs. Gordon, second by Father Gibson.,, Call the roll. '55 SEP 2 71979 who The following resolution was introduced by Commissioner Gordon, moved its adoption: RESOLUTION NO.'79-647 A RESOLUTION INiCONNECTION WITH THE 7TH ANNUAL HISPANIC HERITAGE WEEK, ON COTOBER 5TH THROUGH OCTOBER 14TH, 1979, CLOSING CERTAIN STREETS TO THROUGH TRAFFIC ON OCTOBER 14TH, 1979 DURING SPECIFIED HOURS AND ESTABLISHING A PEDESTRIAN MALL; SAID STREET CLOSING SUBJECT TO ISSUANCE OF PERMITS BY THE POLICE AND FIRE DEPARTMENTS; PROVIDING THE SERVICES OF 7 REGULAR POLICE OFFICERS; AND PROVIDING A MAXIMUM AMOUNT OF CASH ASSISTANCE IN THE AMOUNT OF $6,514 TO THE METROPOLITAN DADE COUNTY OFFICE OF LATIN AFFAIRS, SAID FUNDS TO BE ALLOCATED FROM SPECIAL PROGRAMS AND ACCOUNTS: QUALITY OF LIFE PROGRAM - COMMUNITY FESTIVALS: SUBJECT TO SAID GROUPS' SUBSTANTIAL COMPLIANCE WITH ALL OF THE PROVISIONS AND CONDITIONS CONTAINED IN THE CITY OF MIAMI COMMISSION POLICY 100-4; AND FURTHER PROVIDING THAT SAID OFFICE SUBMIT TO THE CITY MANAGER, A DETAILED ACCOUNTING OF GROSS RECEIPTS RECEIVED BY IT BY WAY OF FEES AND FUNDS RAISED IN CONNECTION WITH THE AFORESAID FESTIVAL, TOGETHER WITH A DETAILED ACCOUNTING OF FUNDS DISBURSED, INCLUDING THE MANNER IN WHICH NET PROFITS ARE TO BE DISBURSED, TOGETHER WITH A STATEMENT OF THE SUMS DISBURSED, AND ESTABLISHING THE AREA PROHIBITED TO RETAIL PEDDLERS DURING THE FESTIVAL PERIOD (Here follows body of resolution, omitted here and: on' file in the Office of the City Clerk.) Upon, being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: NOES: None ABSENT: Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre Vice-Mayor`.;J. L. Plummer, Jr. Commmissioner Armando Lacasa 15. PAY LAWFIRi OF SHUTTS & BOWED THE SUM OF $17,500 IN SETTLEMENT OF CLAIM FOR FEES IN COI NECTIOU WITH FLORIDA EAST COAST RAILWAY COMPANY LAWSUIT f Mayor Ferre: All right, now Shutts and Bowen, what's that for, Mr. Grassie? Florida East Coast Railroad Company against whom the City unsuccessfully... What do you mean unsuccesfully? Oh, oh... Mr. Grassie: The...what we are doing is paying the attorney's fees here in the case that involved the Florida East Coast Railroad. This was the 'interim judgment, if you remember, where the City was, reversed :56 SEP 2 7 3 79 on a technicality at the Appeals Court level. It has since been upheld at the Supreme Court level, but we still have to pay the attorney's cost for that 11/2 year period when the question was in doubt. Mayor Ferre: In other words, we have to do this, right? Mr. Grassie: That's correct. Mayor Ferre: Mr. City Attorney, do you concur with that?.. Mr. Clark: It has the recommendation of Mr. Knox, sir. Mayor Ferre: All right, is there a motion? Father Gibson: Move. Mayor Ferre: Moved by Gibon. Item 36. , Mrs. Gordon: I guess we have to pay it, we have to pay it.. O.k. Mayor Ferre: • All right, seconded by Mrs. Gordon, further discussion? Cal1 the roll. • • . , • - . The following resolution was introduced by Commissioner who moved its adoption: RESOLUTION NO. 79-648 A,RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO THE LAW FIRM OF SHUTTS & BOWEN THE SUM OF 817,500,00, IN FULL AND COMPLETE SATISFACTION OF ITS CLAIM FOR FEES FOR SERVICES RENDERED DURING ITS REPRESENTATION OF FLORIDA EAST COAST RAILWAY COMPANY AGAINST WHOM THE CITY OF MIAMI UNSUCCESSFULLY INITIATED EMINENT DOMAIN PROCEEDINGS (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Cotmnist3ioner Gordon, the resolution. was passed and adopted by the following vote: AYES: Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre NOES: None ABSENT: Vice -Mayor J. L. Plummer, Jr. Commissioner Armando Lacasa NOTE: COMMISSIONER LACASA ENTERS MEETING AT 3:05 P.M:) • AUTHORIZE CITY . MAIIAGER TO BEET WIT'a DADE COUNTY OFFICIALS Ifl 16. CONNECTION WITH DOUBLE TAXATION ISSUES; FJ^.T'ii:P AUTHORIZING THE CITY MANAGER TO RECO`J T;UD A DOUBLE TAXATIONI CONSULTANT TO THE CITY CO1.`.ISSI0:7 Mayor Ferre: Take 37, expedite the resolution of double...well that's going to be talk, I think...right? Or...or is that non -controversial? Mr. Grassie: What we are suggesting here, Mr. Mayor, is that the City request of the County a compensation for the amount of double taxation that is caused by the fire service support by the County, in the amount of $1,196000. Mayor Ferre: Isthat...is that a discussion item or not? discuss it? All right, is there a motion?. Mrs. Gordon:, I don't think so, I'll move it. Father Gibson: Move. You want to , can't find anything wrong with i Mayor Ferre: It's been moved by Mrs. Gordon, second? by Father Further disucssion on 37? Call'the;roll.. The following resolution was introduced by Commissioner Gordon,.', who moved its adoption: RESOLUTION NO. 79-649 A RESOLUTION REQUESTING THE DADE COUNTY COMMISSION TO IMMEDIATELY DEVELOP THE APPROPRIATE MECHANISM TO FINANCE THE METRO & FIRE RESCUE SERVICE IN FISCAL YEAR 1979-1980 WITHOUT COST TO MIAMI TAX- PAYERS, OR REMIT $1,196,740 TO THE CITY OF MIAMI REPRESENTING THE AMOUNT OF DOUBLE TAX COLLECTED WITHIN MIAMI; AUTHORIZING THE CITY MANAGER TO MEET WITH PROPER DADE COUNTY OFFOCIALS TO EXPEDITE THE RESOLUTION OF THE DOUBLE TAXATION ISSUE; FURTHER AUTHORIZING THE CITY MANAGER TO RECOMMEND A DOUBLE TAXATION CONSULTANT TO THE COMMISSION AT ITS NEXT MEETING (Here follows body of resolution, omitted here; and file in the Office of the City Clerk). Gibson'.- on Upon being seconded by Commissioner:Gibson, the resolution was passed and adopted by the following vote: `. AYES: NOES None ABSENT:` Commissioner Rose Gordon Commissioner (Rev.) Theodore R.;Gibson Commissioner Armando'Lacasa* (NOTE: CommissionerLacasa` Though Absent on Roll Later Indicates, He Voted With The Motion), Vice-Mayor.J. L. Plummer, Jr. ON THE ROLL CALL: Mrs. Gordon: Question on 37•is'simply, the consultant you are referring to, what kind of dollars are involved in engaging such a person. That's the only thing that bothers me. Mr. Grassie: We would have bring that back to you for further authorization of the amount, Commissioner, butI would estimate that we're talking about less that $30,000, certainly. We'd have to negotiate that with people in the field, but I would say that it i less than that. Mrs. Gordon: There's no one in-house have to pay any extra money. Mr.•Grassie: What you..".what you needin a case like this, particularly if You're going to make a presentation to the County, is an independent professional view. You know, we couldn't do it strictly with our staff. It would have to be an independent. view. Mayor Ferre: It would be self-serving if we did it ourselves. All right, it's like an appraisal for land. 17. PP.00LA1ATIONS, PLAQUES AIM SPECIAL ITEI`S 1. Presentation of a Proclamation to Fire Chief H. W. Brice designating October 7 as "Firefighters Memorial Sunday". 2. Presentation of a Proclamation to Fire Chief H.W. Brice designating the week of October 7 as "Fire Prevention Week". . Presentation of Proclamation to Performing Arts for Community; and Education, Inc.' designating Sunday, September 16, 1979 as PACE Day. Presentation of a Proclamation`:to Mr. Eloy Vazquez and Dr. Aida Levitan designating the week of October 5th, 1979 as Hispanic. Heritage Week. sr. Mayor Ferre: Al]. right,' now our last presentation is the recognition of John Shields for the purpose of requesting a waiver of fee for the Toys for Tots Program, as the City of Miami has done for the last several years. Mr. Shields will introduce Brigadier General Vincent Blass, Deputy Chief of Staff for the Marine Corp. Reserve in Washington. And of course, General, we are honored with your presence. And at this time, I would like to turn the microphone over to Captain John Shields who does this community;a great deal of honor and is involved in so many goodcivic projects exemplified, and no better example than in toys for tots, that is yearly put on by the Marine Corps for tnis community. Captain John Shields: Mr. Mayor, members of the Commission. Once again, I am here before you along with Gunnery Sergeant Bob Cummings, a local reservist also, and we plan again to have a Christmas party in your auditorium for approximately 3 to 5,000 children on the 23rd of December. For which we'd very much appreciate a waiver of the fees, .59 SEP 2 7 1979 �:, r�,c. -,•sti, :r,. ... z;;<r,. .da.,. .... i(�""'ems in addition to some consideration in the waiver for our Birthday Bali which is the,opening, the kickoff for the party itself. at:.what do you have in mind, Mayor Ferre: John? Captain Shields: Well M. Mayor, there are certain fees, rental fees, we're not talking about whathas to be paid out by the City in terms of salaries andso on, but the rental fee itself, we would appreciate. Mayor Ferre: Mr. Lacasa Is there a motion? move. Father Gibson: Second. Mayor`Ferre:. All. right, it's been moved and'. seconded. discussion_ on that. motion? Cali the roll. .Further;` The following motion was introduced by Commissioner-Lacasa who moved its adoption: MOTION NO. 79-650 A MOTION AUTHORIZING THE CITY MANAGER TO WAIVE THE RENTAL FEES FOR THE USE OF BAYFRONT PARK AUDITORIUM AT A TO -BE -DETERMINED DATE DURING THE MONTH OF DECEMBER OF 1979 FOR THE ANNUAL "TOYS FOR TOTS PROGRAM" CONDUCTED BY THE U.S. MARINE CORP. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner Armando Lacasa Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre NOES:` one ABSENT: Vice-Mayor,J. ON THE ABOVE: .;Plummer, Jr. Captain Shields:. And Mr. Mayor, as you said, my distinguished guest is the Deputy: Chief of Staff of the United States Marine Corps. Brigadier General Vincente Blass, who I thin I should just intorduce in this :regard. As a teenager, General Blass, a resident and a native of the. Territory of Guam, served time in the Japenese Concentration Camp'. And later on went on to Notre Dame University on a scholership, and:laterthe Marine Corps, and later commanded the Marine regiment that in:1944 or 45 had freed Guam when he was a teenager there. So his background.:.he also like many here, I'm sure in this room, had to at one time take the test and go through the requirements for citizenship of the.United States. So, this is Brigadier General Vincente T. Blass. General:Blass. (APPLAUSE) Mayor Ferre: Would you step forward, please. Captain, would you accompany:the General and accompany him to the dais and why don't you come along,` Sergeant. General, on behalf of this Commission, and on behalf ofthe people of Miami, it is my pleasure to welcome you to our community: .I want to tell you that I am not a Mayor that goes around giving a lot of keys to a lot of people. I think that during the... we have a -record. Last year, we gave under 25 keys, and that includes keys that:,were given to 6 Presidents of countries, several Mayors and people that::are distinguished for their acheivements. On behalf of this City,: it is my pleasure as its Mayor, to present to you the keys of the City of Miami, to thank you and the Marine Corp. for the wonderful 1' work that you.do for our country and the wonderful work ,thatthe Marine Corp. does for the City of Miami and its residents. We are very honored to have you, sir. (APPLAUSE) 10 . PERSONAL APPLAUNCE: EaflIE FANIIATO IN REF7REUCE TO IINESTMIT LY TilE CITY OF PENSION FUNDS Mayor Ferre: All right, we are now back to the regular agenda, and if it's all right with the rest of the Commission, we'll skip items d, e, and f of this morning and take them up later on after we get through with the people items. And then lets find out what people are here for and we'll take them up in that order. But first of all, I promised Ernie Fannato that I would recognize him first thing out. Do you want to be recognized now, Ernie? Little bit later on this afternoon. 111 be happy to recognize you as I promised you right now if you want. I'll recognize you on whatever item you want. You made enough of a fuss this morning that... Mr. Ernie 'Fannato: Ernie Fannato is my name, and I'm President of the Taxpayers League, Miami and Dade County, and the Homestead Tax Exemption League of Dade County. The subject matter that I am bringing up here and am going to speak on, is disucssion of proposed policy and resolution regarding pension funding and alternate investments. I remember years ago, when we had the biggest depression in this courntry. And when the stock market went under and people not only lost their automobiles, and their business, but a lot of them just didn't have enough to eat. Now, I go over this Police,and Fire pensions, and I see that their investments in these pensions, and I'd like to have this also apply to the City of Miami's Employees Pension fund. They have a total of $82,955,000, $49,773,000 is invested in bonds. $33,182,000 is invested in stocks. Now, Mr. Mayor, I want to say that this country of ours, and I hate to say it, is not in good shape, and most of the governments are not in good shape. And we cannot, the City taxpayers and homeowners cannot stand the loss. And as I said a minute ago, the Police and Fire Department has $33,182,000 invested in stocks. I think it's a bad risk. Stocks are a gamble and I don't think you gamble with pensions of the Fire and Police Department and the City Employee's. They must be secure. That's their life -time effort that's brought them this pension they are relying on. Their families rely on it. Don't put it in stocks. Like I say, the stock market collapsed, things are not good, and you tell me one year when the stock market went up during a Presidential year. Very seldom. The law of averages is against it. Now I don't want to see the Police and Fire pension dropped if the stock makret should collapse. I'd like to know who is going to pick it up if it does collapse. Mr. Manager, are you going to make the difference up or is the Folcic and Firemen going to make the difference up if the stock market should collapse. Mr. Fannato: What's that? / didn't hear you, Mt. Manager. Mayor Ferre: He said no, Ernie. Go ahead. Mr. Fannato: Well now, wait a minute, who is going to suffer the consequences? The City, homeowners or the Police and Fire Department. Mr. Grassie: (INAIJDIBLE) 61 SEP 2 7 1979 Mrs. Mayor. Ferre:. Proceed with your statemen Mr. Fannato: No, Mayor Ferre: O.k. The question is... Mr. Fannato: If the stock market should go under, is the City of Miami homeowners going to have to make it up for the Police and Firemen funds? the Police and Fire people ;going .;to get; stuck..' Mr. Grassie: Under the present provisions of the pension system, Mr. Fannato, the City. would be responsible forthe deficiency that would be- caused- • in the funding of.the pension'systc. because of any drop in the stock market. Mr. Fannato: I see. Well, ,are we City of Miami' to absorb .a' big loss financially? Mr. Grassie: N in the: position,,financially",,the: if the`+stock market .• collapses. Mr. Fa-nato: You're not. Well then, I don't think we should gamble and I think the stocks should be transferred to bonds which are secure so that these pensions of all the employees, .the Fire, the Chief and all City employees pensions are secure. We don't gamble with taxpayers money. And you don't gamble with livehnoci of City of Miami Police and Firefighters. So I say, lets stop the stock market and just transfer the funds to bonds. Secure bonds. Federal money or whatever.... of if you want to go the, other route go into national banks where they are secure. Do not gamble. And that is the reason that I'm here telling you people there's too big a risk. You don't gamble with taxpayers money and you don't gamble with pension money and you're doing that when you're 'playing the stock market. I'd like to know what the expression of the Commission is. Mr. Lacasa, what would you do if the stock market collapsed and the pension funds were depeleted, a good portion of it. Mr. Lacasa: Quite frankly, at this particular time, I would say that I would wait to cross that bridge when I come to it because I have more faith in. America and.I don't see the stock market collapsing and all those castrophes... Mr. Fannato: Well everybody else had faith when it collpased the other time, didn't they? Mayor Ferre: Ernie, I'll tell you we're about running out of time, so go ahead and wind up' your statement. Mr. Fannato: I think that you folks are just not doing the right thing. And you're playing with fire when you're takingpension money and investing it in the stock market,, which is gambling. And I thin it's contrary to the best interest`of;the homeowners. They are the ones who are going, to have to pickthe tab up, not you Commissioners. So lest not forget that there. So if you think you want to still gamble with the stock market,.then I think it's about time you should change your mind. What do you think about it Mrs. Gordon? Are you for continuing to play the stock market with the pension funds. Commisioner Gordon I'm asking you a question. Are you to continue to gambling in the stock market' with pension funds of the City, and the9police and .62 SEP 2 7 1972 • Fire Department?.. Mrs. Gordon:,. Ernie, I:�don;t.have an answer to your question. Mr. Fannato: .You don't have an answer? Do you think the. stock market is. gambling? Mrs. Gordon: Ernie, I d Mr. Fannato: Well it's all I have to'say,. I'm going to conclude But we didn't hire you Commissioners and'a City Manager to gamble and play the stock market with the City homeowners tax.money that they are going to have to pick up the tab. I: think it's bad,,I think' it's terrible, and I think it's about.time:thatyou:.fellows gotdown to business and stopped gambling with the taxpayers money. Mayor Ferre: Ernie, I don't always agree with'some of the .things that,. you say, but I want to teli you that I respect:your opinion and,I certainly always recognize you to express it before -this :Commission.. And even though we joke around sometimes, we take your advice seriously. All right? Mr. Fannato: Well I just want to conclude again, I hope nothin, g happens'; but if it does happen it's:,going to.be a sad.Miami.and a sad bunch families and homeowners., SEP271979 st 19. TENTATIVE APPROVAL FOR CLOSING OF CERTAIN STREETS IN COCONUT GROVE ON NOVEMBER 24TH TO PERVIT HOLDING OF A STREET DANCE. Mayor Ferre: Mr. Kunst, you're here on a letter that I received dated 9/24 and I will recognize you. We're going to have to go through the regular agenda. Bob, I can't put you out of order, you're here as one person and we've got all kinds of people waiting on others. (INAUDIBLE) All right, we will take your matter up.... He's on a special request for recognition and Joe from Joe's Bicycle Shop is going to be here and this is a marathon disco street dance from 12 noon on November 24th, is that correct? Mr. Bob Kunst: Right, it's just a very simple thing, in fact, we've changed the street from Main Highway to Mc Farlane'on the recommendations..... Mayor Ferre:' Does anybody have any problems with that in the...'. What they want, this is a pocket item, he wants to close Plaza and also to close Fuller Street, he has 1 the event and he thinks it wil attract 100,000 day from 12 noon to 2 A.M., is that a Saturday. Mr. Kunst: Yes, but let me change it, the new instead of Main Highway up to Commodore simply and not make any difficulty and then we'd also of from 12 to 2. Mc Farlane Street and Commodore 2 businesses wiling to support people and he wants on that one street would be Mc Farlane only to make it easier traffic wise make it from 12 to 12 instead Mr. Grassie: Mr. Mayor, this is basically the sort of thing that we support but I would like to have our Police Department look at it and also the Chamber of Commerce in Coconut Grove and if we could bring it back to you. Mayor Ferre: All right, well let's do it this way: Pending approval of the Police Department and the administration. Then is there a motion? Now if they don't support it and you don't get their waiver on it and agreement you don't have it, you understand, you've got to come back here. Mr. Kunst: Yes, ;I'm not worried about it. I'd like to ask one additional point. Can we put everybody know? I Mayor Ferre: That administration on Mr. Lacasa: Mayor Ferre: up a banner across the street between two poles to let need to get that approval also. 's fine as long as you don't have that. Would you incorporate that thatacceptable to you? Further discussion? :.Call "the rol The following adoption. introduced by Commissioner Lacasa, who inoved MOTION NO. 79-651 A MOTION. EXPRESSING TENTATIVE APPROVAL FOR THE CLOSING OF CERTAIN STREETS IN COCONUT GROVE ON NOVEMBER 24, 1979 BETWEEN THE HOURS OF 12:00 NOON AND 12:00 MIDNIGHT TO PERMIT THE HOLD- ING OF A STREET DANCE CONTINGENT UPON THE APPROVAL OF THE CITY'S ADMINISTRATION AND THE POLICE DEPARTMENT. Upon being seconded by Commissioner Gordon, the motion was passed adopted by the following vote: AYES: Commissioner Armando Lacasa Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. :64 SEP rt 20. ALLOCATE AN AMOUNT NOT TO EXCEED $100,000 FOR BEAUTIFICATION OF BISCAYNE BOULEVARD (AREA FROM N.E. 55TH TO N.E. 37TH STREETS). • Mayor Ferre: Item 7, Mrs. Rockafellar. Mrs. Grace Rockafellar: Mr. Mayor and members of the Commission, I'm Grace Rockafellar, I live at 814 N.E. 71 Street. I'm President of the Northeast Miami Improvement Association and the Northeast Miami Taxpayers' Association. I'm appearing here today as a private citizen. First of all I want to thank this Commission for granting our wish, our request that you authorize the Planning Department to do a comprehensive study to come up with a new ordinance for Biscayne Boulevard and I have to speak on two items but there's one that I've been urged to last night and Monday night and it will only take a few minutes Monday night's turn out we had 339 check in, last night's turn out we had 298 check in, we had a very group there. One of the things that come out of this is beautification. The people want beautification on the boulevard and in checking with the Planning Department we find that we've been allotted a paltry $27,000 to beautify from 55th Street to 87th Street. Now, in checking back through the records I found, now I know that Biscayne Boulevard is a State highway but also is S.W. 8th Street which runs through Coconut Grove, S.W. 8th Street was a multi -million dollar beautification project, I understand that there are several hundred thousand dollars set aside for the beautification of West Flagler, Little River from N.E. 78th to 84th Street $280,000, Martin Luther King Boulevard $10,000,000, N.E. 2nd Avenue from 20th Street to 30th Street '. tree planting $40,000, N.W. 2nd Avenue from 54th to 60th, that's six blocks, $120,000 beautification, N.W. 2nd Avenue 5th Street to llth Street, that's Culmer, $400,000, Design Plaza N.E. 40th Street $80,000 beautification, 79th Street from the F.E.C. Railroad west to N.E. 2 Avenue $400,000 beautification N.W. 17th Street, 14th Street to 26th Street $250,000 beautification. Now what we'd like to have is a commitment from this City Commission today that would allocate out of Capital Improvement Funds approximately $100,000 to beautify Biscayne Boulevard from 55th to 87th Street. That's a matter of 32 blocks, not 5 or 6 blocks and I wondered if that could be approved today. Mayor Ferre: Let me ask you before we get into that, what kind of beautifica- tion specifically are you talking about? Mrs. Rockafellar: We're talking about trees, shrubbery... Mayor Ferre: Are you talking about street at all? structural, are we going to tear up the Mrs. Rockafellar: Now this, h don'tknow whether's done, this is not included in what we're asking.What we're asking is plenty of money to beautify it with trees and shrubbery and make it look like the City Beautiful as the people come in. Mayor Ferre: We're all for that, Grace, and I'm sure you'll have the support. What I'm just trying to find is are we talking; about median strips, for example, with trees and flowers because with that we have to go to the State or to the County because that's an arterial. Mrs. Rockafellar: Well, we've been to the State,=I think Father Gibson will verify this, we both serve on the Inter -Governmental Action Agency and the State said they would give me a feasibility study, we knew the answer, and when it came back it was no. The State does not bring any money down here whatsoever if they can get out of it and it was a flat no, no beautification. Mr. Lacasa: Mrs. Rockafellar, do you think that with $100,000 we can do th job? Mrs. Rockafellar: I think it would do a good job. Mr. Lacasa: Okay, then I move that Mrs. Gordon: Mr. Grassie, wait, let's ask Mr. Grassie a:'question.,.Mr..Grassie; which department of our departments would be responsible;•for:the implementation'' of this program? !665 ..a SEP V ly%y -Pr Mr. Grassie: Well, if it is strictly on the right-of-way, and I'm assuming at this point that it is we would probably have the Parks Design Section do some of the design work and the Public Works Department would be responsible for the maintenance of it. Mrs. Gordon: And how soon could this be implemented? Mayor Ferre: Do you want to second it? Mrs. Gordon: Yes, I'll second it but I want to get some answers. Mr. Grassie: If we were to approve it in the Capital Program within the next two or three weeks I believe that we could get the design done in a month and we could get the construction'done within 5 months so that's a total of six months. Mrs. Gordon: All right, you could begin let's say you could start the project: probably before Thanksgiving? . ' Mr. Grassie: As soon as we approve it in the Capital Program yes. We would bring it to you in the Capital Program, if you approve it we Couldstart it immediately. Mayor Ferre: The motion then is that you include in the Caiiital Prograrn when you bring it back, a $100,000 expenditure for the beautification of north- ern Biscayne Boulevard for 35 blocks from 55th 87th. Rev. Gibson: May I ask a question? Mayor Ferre: Father Gibson. rev. Gibson.............. Mrs. Rockafellar: Now that was the back to the things I tame -down here Mayor Ferre: Well wait a moment, • , , $100,000, suppose you can't do it for that? Rev. Gibson: Mrs. Gordon: Mrs. look thing that was not my agenda, now I'll get to talk' about. . - . haven't. voted 'yet.: They can always come back for more. Rockafellar: It comes out of capital Improvement, doesn't it? When I at everything that has been spent in other places.... Rev. Gibson: I was just wondering about the wording. Mrs. Rockafellar: What wording, Father? Rev. Gibson: Well all right, you're satisfied with $100,000, all right. Mrs. Rockafellar: Well, this is what I asked the Planning Department, what they thought the least amount that they could, we want to be fair with the Commission, we don't want to be piggish. The least amount that they could do a decent job in beautification with tree planting and shrubbery to beautify it and they said it would take at least $100,000. Rev. Gibson: All right, I'm ready to vote, that's your problem not mine. The following its adoption: motion was introduced by Commissioner Lacasa who moved MOTION NO. 79-652 A MOTION AUTHORIZING AND INSTRUCTING THE CITY MANAGER TO PLACE AN AMOUNT NOT TO EXCEED $100,000 IN THE CAPITAL IMPROVEMENT PROJECTS' PROPOSAL TO BE SUBMITTED TO THE CITY COMMISSION FOR THE BEAUTIFICATION OF BISCAYNE BOULEVARD, THE AREA FROM N.E. 55TH TO N.E. 87TH STREETS. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferre SEP 2 7 1979 NOES: None. ABSENT: Commissioner J. L. Plummer. '66 rr, 0.401 21. PERSONAL APPEARANCE: GRACE ROCKAFELLAR REGARDING ANTI -PROSTITUTION ORDINANCE. Mrs. Grace Rockafellar: Now the second item I'm on here is prostitution on the boulevard. A couple of years ago this City Commission hired a couple of outstanding attorneys to work with our City Attorney, they came up with what we thought was a tremendous anti -prostitution ordinance. Through the full cooperation that we always get from our Police Department we had Biscayne Boulevard cleaned up. Once in a while you'd see a prostitute but the Police were right on it. Then in the Neighbors Section of the Miami Herald on June 16th appeared an article that stated that one prostitute had been arrested 25 times, when the police saw her waiving down cars in the middle of 79th and Biscayne Boulevard. Six cars stopped, she got in and the Police arrested her and took her to court, she was convicted in the lower court, her attorney appealed it to the Appellate Court and at the Appellate Court this is where the Appellate Court was supposed to have ruled that it was unconstitutional because the Police did not listen in on the conversation which our ordinance does not. call for. I called Judge Stettin, he used to be the attorney for the bank that my husband was with, a very fine man, he had a very distinguished record on the court. He was as furious as I was, I had had all kinds of calls, "what's; the matter with this judge? Did he get paid off or what?". He told me that this reporter called him and told him that, asked him about this case, Judge stettin said, "I will pull mpfile and call you back." Well, when Judge Stettin pulled the file he could not reach this reporter. He tried and tried and then on Sunday he read the article and Judge Stettin was blamed for this thing. IL called Judge Stettin to discuss this with him and he told me exactly what hap-,' pened. He said the girl was convincted in the lower court and there hasn't been one court in Dade County that has questioned the constitutionality'of this ordinance but they had a defense attorney who was an Assistant State Attorney who was supposed to prosecute under the ordinance by the name of Arthur Berger and he is the one, and I'll read what he said to the judge, "The State presented no evidence as to the nature of the conversation between the defendant and the driver of the car in question and presented no admission of confession from either the driver or the defendant. In light of the above, the State failed to establish beyond a reasonable doubt that the appellant Mc Daniels intended to solicit for prostitution when she waived and entered the car in question. Consequently, the State is obligated to confess error and agree with the appellant that the judgement, the conviction and sentence thereupon should be reversed and the defendant should be forever discharged pursuant to the double jeopardy clause of the Constitution of the United States." Signed Arthur Joel Berger, Assistant State Attorney. Now the judge told me that what actually happened, the prosecutor turned defense. Now, consequently because of that no judge will prosecute under this ordinance and this has brought the prostitution back galore, the handcuffs have again been put on the police. Monday we had a two and a half hour session with Janet Reno, and Janet Reno by the way upholds Mr. Berger's decision in this, we had a two and a half hour meeting in Chief Harms' Office with Chief Harms, the attorney for the Police Department and the arresting officers' commander and Janet Reno and Mr. Berger and Mr. Berger says, "Well, your ordinance has not been ruled un- constitutional, I think it is a good ordinance." And I challenged to him to put on a police uniform and go down Biscayne Boulevard and try to listen in on the conversation. I told him they could correct this very easily by him admitting and error in judgement and notifying the judges that this ordinance was constitutional but, of course, that didn't happen. But what she did decide to do was to write a letter, and I asked her to send me a copy of it, which includes all the names of the judges which she sent it to sending a copy of Mr. Berger's statement notifying these judges that this ordinance is in affect and has not been ruled unconstitutional. Now whether the judges will prosecute under that or not or whether we should have a back up ordinance in case they don't because as it is now the police officers have their handcuffs on and the prostitutes laugh at them, they're coming back in by the droves and there is absolutely nothing that can be done about it. And I noticed that in another county up state here they copied our ordinance. The Sheriff of that county announced that they had been - it was up around Tampa, St. Peters- burg - he announced that the' County had been infested with prostitution and pornography and they had a copy of our ordinance given to them by our legal department, they thought it was a good one too and as a result of that they have cleaned up all prostitution and all pornography in that county, it's absolutely gone. We just wish we had the judges that they have up here. So "67 rt SEP r 1979 I think maybe the City better prepare a back up ordinance in case these judges do not prosecute under this ordinance. Now the second item I wanted to talk about was the special attorneythat this Commission hired to go after the por- nography cases. Back in March we hired, I think the Legal Department hired Edward Carhart. We had great hopes in Mr. Carhart that he was going to do an excellent job. Since that time it has been practically seven months, he has never returned a call to me, he has never returned a call to our undercover agents. Mayor Ferre: Still? Mrs. Rockafellar: No, not still, 1 got one today at 1:00 O'Clock but up until then I hadn't had one. Mayor Ferre: Well he promised me when I called him about three or four weeks ago that the very next day he was going to call you. Mrs. Rockafellar: He didn't, I called again and left a message and no answer. So anyway, and Mr. Alvarez, the Assistant City Attorney was able to get to him about ten or twelve days ago, he had an appointment to meet with him, he didn't show up and Mr. Alvarez called and he was out of the country. So today he called me at 1:00 O'Clock and he said he understood I was going to be before the Commission regarding this and I told him I was and I said after all these months I'm finally getting a call and he said, I have no excuses to offer, I have not lived up to my agreement, I have not done my job. And I said, well at least you could have called us if you were not interested in the job, I still respect you as an attorney but if you're not interested in handling the cases we expected to have them all cleared up by this time. And he said, I just have no excuse to give you, I just have not lived up to it. Mayor Ferre: He told me exactly the same.thing. Mrs. Rockafellar: He said, but it the City would give me 15 more days, I said what could you do in 15 days that you could do in 7 months and he said he could give you a recommendation on the $6,000 non-refundable fees, the ordinance that has been passed by North Miami Beach and it has been very successful up there, they got rid of all the escort services and hard core pornography places and this is charged each year and this just pays for the expense of the investi- gations that the police go through and I presented you with a copy of that ordin- ance and I have another one here today in case you don't have it. They also sent the Mayor Ferre: Grace, could I interrupt you for the purpose of seeing if we can save a little time? Let me tell you, if we could get EdCarhart who I think is a highly respected attorney who is an objective independent not part of the City staff who obviously Protects the best interst of the City but this is an independent person that we've hired, to come cut with'a statement in 15 days, since we've already paid the majority of the fee I'm sure it seems.... Mrs. Rockefeller: I don't think he's billed you yet has he? Mayor Ferre: Has he billed us at all? Mrs. Rockafellar: Mr. Alvarez, has he sent a bill in, Mr. Knox? Mayor Ferre: It seems to me that if he's talking about 15 days we ought to give him those 15 days and let him come up and if in 15 days he doesn't do it then I think we ought to dismiss him. Mrs. Rockafellar: He said that within 15 days if he didn't have a recommenda- tion for this and a recommendation for another ordinance and a plan he would resign. I told him I would present it to the City Commission and let you be the judge. Mayor Ferre: What is your recommendation? Mrs. Rockafellar: Well, based on his past performance, he said would you call me and let me know how you come out. I said, you mean I'm supposed to return your call? He said, "/ had that one coming" and I said yes you did. But I've always respected him but I don't know whether if we give him 15 days it's going to be any different than the 7 months that we've given him and what I came down here purposely today for, of course, I hadn't had this call yet, was to ask you to hire another attorney and let's get some action because that Pussy Cat, every one of those things, Mr. Mayor, the Pussy Cat, every one of 1,68 rt SEP 2 7 1979 •.. those porno places have had numerous other convictions on them. We organized a group to go down as court watchers, we notified the news media every time ii case was coming up and we're putting pressure on the judges that way, we turned one judge completely around, he throwing the books at them. Mayor Ferre: Do you know what these people are doing, this association? To show you what activism means, a real example of participatory democracy, these people in the Northeast Improvement Association go down to the Courthouse and monitor the judges. Mrs. Rockafellar: Well first we ask we're there and who we i are. Mayor Ferre: And I'll tell you, judges I don't know what will. to approachthe bench and let them know f that doesn't put the fear of God into those Mrs. Rockafellar: Well, the news media has been very cooperative. They do cover these hearings and you know when some of these judges actions and these defense attorneys are televised into every home in South Florida this is some- thing they don't like but we're working every way, and I know you, Mr. Mayor, we appreciate your efforts and your past efforts in trying to work with these judges, we appreciate Chief Harms' past efforts in working with them and be- tween all of us maybe we'll get them turned around. But I do wish that you would consider coming up with a back up ordinance and I told Mr. Knox, today, I still get all the information from the Citizens for Decency and last week I got the information and it said in there in the State of Virginia the State laws and all local laws on obscenity had been fought, fought, fought and taken to the Supreme Court, the U.S. Supreme Court has ruled every one of them con- stitutional and I told Mr. Knox about it today and he's going to writeto the Attorney General for the State of Virginia and get a copy of that ordinance and it might be the answer to our problem here. Mayor Ferre: All right, could we then schedule this and to be here at the next Commission Meeting? Can, we do it Mr. Knox: Yes, sir, '11 speak to him directly. ask. Mr. Ed Carhart that way?,` Mayor Ferre: All right, then I don't think you need a motion tothateffect do you? And George, if you can bring something specific like the Virginia law or like that $6,000 North Miami non-refundable fee, t think I'd 'really like to have something of substance that we can vote on rather than discuss. Mrs. Rockafellar: George,do you still have a copy of that ordinance I gave the Mayor once? Now our Police Department has checked that out and they said North Miami Beach, a few items were a little high but a few items were very low and when they checked it out against our figures it balanced out to about that figure. But Mr. Mayor, I would like consideration of a back up ordinance, anti-prostitutionback up ordinance in case the judges still refuse to prosecute under the ordinance that Mr. Berger threw out. I'll wait until you get through talking and then I'll repeat that. Mrs. Rockafellar: Oh yes, but I want to say this to the Mayor, we would also like a back up ordinance, a good strong one on anti -prostitution in case the judges still refuse to prosecute under the'ordinance that.Mr. Berger knocked in the head. Mayor Ferre: Mr. Knox: Yes, sir. Mayor Ferre: So then we have three things before us: (1) attorney Carhart's report, (2) an analysis and if possible a proposal based on the Virginia law that's constitutional, (3) a back up as defined by Grace Rockafellar now. Does that cover it, Grace? Mrs. Rockafellar: Yes. Mayor Ferre: All right, do you want it in the form of a motion? That' necessary is it? All right, is there anything else, Mrs. Rockafellar' it, and I want to thank you veryvery much. Mrs. Rockafellar: Mayor Ferre: All right, thank you. !69 rt SEP 2 7 1979 22. GRANT REQUEST FOR FUNDING IN THE AMOUNT OF $43,400 FOR THE "GREATER MIAMI INTERNATIONAL FILM FESTIVAL" SUBJECT TO CERTAIN CONDITIONS. Mayor Ferre: The next speaker is presentation of the International Film Festival. Mr. John Barratte: Mr. Mayor and Commissioners, I'm John Barratte, Executive Vice -President, Greater Miami International Film Festival. Our address is 975 Arthur Godfrey Road. We've met with you and we've given you the facts about the International Film Festival but we would like the Mayor and the Commissioners to know that considerable time and effort has been devoted to bringing off the event this year not only by our staff but also by members of the local film industry, members of the Board of Directors, our local tourist industry, the University of Miami, FIU, other universities and schools, the Dade County Council of Arts and Science and it's staff, the Tourist Development Authority and it's council. There are a great many others that it would take too much time to list. We hope that the City's decision recognizes this effort that the value of these kinds of activities to the continued growth to the City. Your support is necessary, in fact, the support of the City of Miami is essen- tial to the existance of the Film Festival this year. We have responded to the City Manager's request by reducing our request for financial assistance from the City of Miami from $84,400 to $48,400. We sent you this new request on September 20th just recently. We need your support and we hope that will give a positive response to it and I guess that questions or anything you might have of me at this time. Mayor Ferre: Mr. Grassie, have you had an opportunity to look over, has staff had an opportunity to look over? Does it seem reasonable to you? Mr. Grassie: -We have reviewed their request, Mr. Mayor, we have asked them to reduce it, apparently the request that they're coming back to you with is a reduction. It is, less than what the City contributed last year, in: that. sense it is reasonable, it is a policy question for the City. Commission whether you wish to support this kind of activity but if the answer to that is yes then the request is reasonable. Mayor Ferre: All right, I asked you when you came to see'me to make sure that you had talked to or not talked to, written all the Commissioners so that every body would be aware of what it. is that you're.,tryingto to,.do and' how you're trying to do it, who is supporting you, when you're going get off the ground and what you expect to achieve. Have you done=that?.; Mr. Barratte: We have done Mayor Ferre: Okay, are there any questions from the Commission of Mr. Barratte?— You want to say something on that? Mrs. Annette Eisenberg: My name is`Annette Eisenberg, 1180 N.E. 86th Street. In remembering; last r. yea's film festival -I would ask these gentlemen how many weeks they have`to complete their plans,, what films they have committed by contract, what:stars are committed and where in the City of Miami would the festival take place that would' benefit people in the City of Miami, our mer- chants other than the PR work? Mr. William Burdette: My -name is William Burdette, I'm financial director of the film festival this year. We've basically been working on the film festival since January so in terms of the additional weeks that are necessary to fulfill the planning, we're working and getting all the answers to questions that you've asked, all the specifics tied down. We have contracted this time with the Conover Hotel as the basis,'it is the only place that has a theatre at this time. in addition, from the point of view of attracting tourism we have con- tracted through a wholesaler for bringing in tourists to the Inter Continental, the Key Biscayne Hotel and Villas, the Columbus Hotel, the Coconut Grove Hotel, the Omni Hotel as well as the Konover and the Fountainbleu Hilton and also in addition to the Newport which is in North Miami Beach or Sunny Isles. In terms of the question on the specific films and actors, actresses, etc., there are many people in the film industry locally and in Los Angeles and other places in the United States who are specifically working with us to arrange for the scheduling of actors and actresses in Miami at that particular time. Mr. :70 rt SEP x 7 WS t Frankenheim who is a director is going to be filming in Miami at that time, he is preparing his schedule so that he can work with us. In addition, Orson Wells is going to be shooting in Toronto and he is trying to work out his sched- ule so that he can work down and be a Master of Ceremonies for the event. In addition, we've got two or three other .... Mayor Ferre: Who? Mr. Burdette: Orson Wells, he•is filming in Toronto. And there are several actors and actresses and everything that we're working with and it is a matter of bringing them down and it's a cost factor and time scheduling, etc. Mrs. Eisenberg: I would ask you if you have to put your PR out tomorrow, sir, who could you promise the City of Miami or the citizens of Dade County or the people you're promoting to bring down here that they're going to see at your film festival? Now that didn't happen last year and if the City of Miami is to spend $48,000 I would hope that it would be spent for something more ever- lasting, trees, beautification, legal services or what have you. We did not see all these things last year, it was a fiasco perse. Let's not try to take the City of Miami for doing that again. Mayor Ferre: Mr. Burdette, Annette, you are right. Now, last year the people that were involved in that are gone fortunately and the people that are now running this featival I think are well recognized highlyrespected people in this community that have credibility and don't have creditors hounding them and don't have all the kinds of problems that some of these other people had last year. I think they've got a good board of directors that are people that are well motivated and interested in the welfare of this community. I think that in the same way that the Spark Plug Race, I mean hydrofoil race is an important event for the City and brings attention to us just like the Orange Bowl Classic is an important event to the City where we really don't make any money out of it, just like a lot of events that come here that the City. is in volved in these are the type of things that make out of Miami an important metropolitan community and that have multiplier affects that are intangible in nature - hotel rooms occupied, restaurants used, visitors, publicity,the',Caan Film Festival does more for Caan than anything else that those people have ever done in their lives.... Mrs. Eisenberg: But Maurice, they have commitment long before. Mayor Ferre: It took the Caan Film Festival 25 Years to get established, I hope that these people could do it in 5 years,.I don't expect them to do it in 1 or 2. I think that we should,' in mu personal opinion, support these people within reason. Now, as far as the availability of the films, they will be shown at Gusman Hall. Gusman Hall happens to be a public facility that has the equipment andall the junk and all the stuff that goes with it - I don't mean to be derogatory, you know, I mean the equipment and all the audio visual stuff that goes with these film festivals and that's where it's going to be shown. We can't have it in neighborhood theatres because first of all we don't own neighborhood theatres, those are private and in the second place you've got to have the proper equipment to do all these things. Mrs. Eisenberg: I only say that the City of Miami be, prudent' until these people:: have a track record. I think we have pioneered enough of these things that •did::' not have credibility and I don't say that about this group `but I'd like to; see a track record before we spend $48,000. 1 Mayor Ferre: I'll tell you if that were the case Columbus would never have discovered America, well you know the queen wouldn't have sold her jewelry to go on some cockamamie bunch of sailors that want to go off the edge of the world and Caan wouldn't have their film festival, Indianapolis wouldn't have a race, Churchill Downs wouldn't have their race, we wouldn't have the Kwanza Festival or Calle Ocho or the Trade Fair of the Americas or what have you. I mean you know, we cannot stick our head in the proverbial sand and expect to come out as a viable community, we've got to do a certain amount of things. God knows, and this is not my project, I have absolutely nothing to do with it, Okay? 1 just happen to think that good judgement prevailing would mean that we have to do a certain amount of these things. Whether or not this is one of these projects is for the Commission to decide. Mrs. Gordon: How much is Dade County contributing? Mr. Barratte: The Dade County Arts and Science Council approved our request for $25,000, the TDChas before it our request for $70,000 for the promotion for publicity, that has not yet been approved, that is still to come before it. rt 71 I � SEP 27 1979 Mr. Grassie: It may be worth noting, Mx. Mayor and members of the City Com- mission, that out of the $48,000 that they're talking about a little over $20,000 goes into either permanent improvement or fees for Gusman Hall. •Mayor Ferre: All right, further discussion? Is there a motion on this? Mr0Gordon: I:don't know,it'Seems like we ought to be first allocating our necessities before we start allocating -moneys even in small amounts of $25,000, We have great:obligations before us. Mayor Ferre: Do you want to wait until after we have passed the budget?. hate to make you wait that long because it might be.a long time. • , • Mr. Barratte: Mr. Mayor, it will be very very helpful I've got to say, yoU know if we could have a vote on this subject simply because the film, festival... Mayor Ferre: Look, if it simplifies things, Rose, I'll pass you the gavel and I'll make the following motion: I move that the City of Miami Commission ap- prove this request which will be $25,000 cash expenditure. Is that right? Mr. Grassie: Plus a $2,500 cash award. Mayor Ferre: $27,500 cash expenditure plus the other intangibles that we have agreed to provided that this has the Manager's approval in its final form, and provided that the sums that you have stated would be forthcoming from, these different governmental agencies are approved, contingent upon that I so move. Mr. Lacasa: Second. Mrs. Gordon: It has been moved and seconded, on discussion, any discussion? Again I reiterate personally I can't vote to piece meal, any items until we have before us all of the obligations that we need to consider with regard to the budget so I'll ask the Clerk to call the roll now. The following motion was introducedby Mayor Ferre who moved its adoption: MOTION NO. 79-653 • A cash grant • A MOTION EXPRESSING THE INTENT OF THE CITY COMMISSION TO APPROVE THE REQUEST OF THE GREATER MIAMI INTERNATIONAL FILM FESTIVAL, INC. FOR A TOTAL APPROPRIATION OF $48,400 FOR THE FORTHCOMING FESTIVAL, SUCH GRANT TO BE DISTRIBUTED AS FOLLOWS: 1. GENERAL OPERATING FUNDS: $25,000 2. FUNDS: ••*-,..•:•-.,,-.,,,•-• •..... ,,, , :(4)::;'-c*t,,T.4t of ,iami Award for.. ..' - . -.. BOar„,.PiOture .... .,.,,..-.-.... :.._...:.. 2,500 -,-, %.,.,:, :-...:::: ,,, , „ ,..„,„...:•,, ,. . : ..',11iyerage Of costp-of';40PrOye-..--,..,..- -:::,' -.-.. .ifients:toward dusman:Rali.,:-.?,•.', *,-•*,,'.,12800&-f-,:------'. V,',,!:.'-: ±:-_•.!... . • , ,!*., -,-,••••:;• ',' - - ••• ' '-',,,':;,•••,,,!••,! ••,,,,,,•„••••i„. „,,, •,(C) Use of Gusman Hall frohr-::::„,,,,,H!! ''-''..-->*---:-•-•-•,''',:.•- -*.**,-',-„:'n.,7-",,.•-•:;.,',-':".:_, :•,,,..4,„: •• . , : ••••••••,'*, .**: • '',-- -•,.....,-, •-• !, :,„:,.,,,,,:, •••••,i,„.,,,•-,•:, . •. • • . , ,,,,,•. .,:,,,:,,,,,,,„•••••, .:,•'-• - .. ' January 19727:at no,cost:,to::::. •;.„,i.„ ,: .,,•.„ _,.:•.,•,. ,‘,„,">:•• '' '' ''''' ,.,:-••,., .__ . the FeStival.,.,.,-,,&,...„,,...h-...,,E3;000 :.,..,.$4PJA09::::--.-..:-y,,--::::::::::-::::,- ,•ALL'HOF THE AFOREMENTIONED GRANT•TO.BE-CONDITIONEDOPONGRANT8,-,:.:: • • _ OBTAINED FROM OTHER LOCAL GOVERNMENTAL:AGENCIES.,-,---,, • , Upon,being,seconded by Commissioner Lacasa, thefmotionwaa*PaaSed:and:::::,.-,, adopte&by,the-following vote:. AYES: Rev. Gibson,:.Mayok_ferra.,And',,Mt.Ladash: •.NOESi Mrs. Gordon., ABSENT: Mr. Plummer. • • .• ". „ , 23. SECOND READING ORDINANCE: N'SEi1D SU3SECTION 2-211.1 (2) AND 17-26(a) - ESTABLISH ANIMAL FIRE SAFETY INSPECTION PROGRAM; REQUEST ANALYSIS OF BUSINESSES '1HICH MIGHT BE PAYING DUPLICATE FEES FOR SUCH SERVICES. Mr. Grassie: Mr. Mayor, I'd like to ask the Fire Chief, Herman Brice to intro- duce the subject. Chief Herman Brice: In our Master Plan which we presented several years ago we indicated that one of the areas that we wanted to improve in was our ability to inspect all commercial properties annually. Through this vehicle of annual inspections of commercial proprerties and changing of the Code to emphasize that point we feel that we will enhance our ability to do this annual inspection. We have known for some time and have been given some new information recently that in cities where an annual inspection is, in fact, a part of that.depart- ment's activities that fire loss and the eventuality of fire is less and so it, is through this program that we propose to improve our fire prevention activities . in such a way that we can through an organized systematic way inspect all the commercial properties within the City of Miami. Mrs. Gordon: Are you saying you haven't had it in an organized systematic way? Chief Brice: We have been working towards this for many many years, I think to. tell you that we inspect every commercial property every year the answer is no. We have been working towards that goal and, in fact, said,so in'our Master Plan that that was our ultimate goal and we feel this is another 'step to systematic- ally say that we have inspected this property and we have the consistency here through this organizational process. Mrs. Gordon Mr. Knox, could I ask you a question?'.:Is' it legal? Mr. Knox:' Is it legal? Gordon: Yes. Mr. Knox: If the Chief is indicating that these services are beyond the tradi- tional mission of providingfire protection"`for the citizensfor which the tax- payers alreadypay then it would be. legal. Mrs..Gordon: In other.:"words-whatyou're saying:ls it.':s.•going to be some extra ordinary, something ,different than, somethingother than that, can you defend this? Mr. Knox: Oh yes, ma'am, provided that there is a finding, there is an indi- cation upon the public record that these services that are beingprovided are above and beyond, if you will, the historical expectations of the citizens who pay taxes for providing Fire and Police protection to them. Mrs. Gordon: Chief, a question to you. ordinary? In: what way is this going to be extra Chief Brice: My answer to that'is that it would`be more thorough, that we will be coupling together our Fire Code Enforcement Program which is done. by our Fire Suppression people which we''.do 8,000 buildings that we have identi- fied about 3 years ago and we are getting into those buildings annually. Now, we are in the process and' have identified an>additional 8,000 buildings of which some we are getting into'and others we are not. Through this process `;we are going to get into all of them and we're going to dedicate.... Mrs. Gordon: Do you think it is absolutely essential that every building every year will be inspected? Chief Brice': Yes, I think the information that we are now receiving from studies, as I said before, indicating that in cities 'where there is an annual inspection every year you see the fire loss and the numbers of fire and the extent of fires being reduced and based on that projection which we have always felt was true and now we have some studiessaying so that we should move for- ward and try to make this a very comprehensive and very controlled program to see that we do that. In doing it this way we 'feel that we are being fair and that we are approaching it in a systematic way.': SEP 271975 rt. f Mrs. Gordon: My question then to you is this: I heard you in our budget review process that you said this is a preventative measure which cuts down then, in the number of calls thatyou receive for fires and, therefore, you Would be having a budget saving in that part of the budget.which would mean there will be less fires and less service rendered in fighting fires because of the stepped up procedures of prevention. Did I hear you say that? Chief Brice: I'm not sure I completely understand your question. Mrs. Gordon: You said that this is a preventive measure which results in less emergencies, fires, etc. Okay? That this prevents a number of fires from taking place. Chief Brice: Yes, that's true, I said prevention activities do give us ,a: better handle on preventing fires and we know that good inspection procedures do,in fact, prevent fires. Mrs. Gordon: And you also stated at that particular time, you stated this was one reason why you didn't think you needed more men to man your various equip- ment and so forth and why you could put one or two or maybe more of your heavy equipment out of daily use or out of use because you didn't really need it. Now what I'm saying is this, if the taxpayers are going to be provided with this service on this hand because you are able to cut down on the number of fires on this hand why should they have to be given an additional tax, a hid den tax if you want to call it that, because it really is a hidden tax, in this manner? Answer that one. Chief Brice: My response to you is that this particular program alone does not enable us to cut down the number of apparatus and the number of manpower we have. This is one of many programs that we do, and public education and public inspection that we feel move in the direction of lessening fires in.' this community. The fact that we do have good inspection programs will never replace the fact that we have to have good equipment and good manpower and good manning and I feel that at this point we are able to do both those things. Mrs. Gordon: You didn't admit when I spoke to you at that hearing at that time when the budget review, you didn't admit you needed more manpower. Chief Brice: No, I said we were able to provide the level of service that we were with the same manpower, yes, ma'am. The manpower we have today, my re- sponse to you was that we can provide the level of service that we are through the fire protection system that we've always had and these sort of new innovat- ive programs which do, in fact, reduce the fires. Mrs. Gordon: I still maintain that this is a hidden tact, you can call, it by any other name you want to call you're still taxing the taxpayers for some- thing that they're entitled to receive and you should be able to give to them; and there is really no excuse for charging a fee for it. Chief Brice: There is cost, I can't deny that. Mr. Joel Jaffer: Mrs. Gordon, if I can address the Commission, my name is Joel Jaffer. My present address is 3500 Pan American Drive. This is not a hidden tax, if you look in the budget the anticipated revenues from the Fire Department from other revenues is I think $254,000 and this is in a budget category that has only been 20 and $30,000 previously. This is quite a sub- stantial increase, it's not a hidden tax. I would suggest, well first of all just as a matter of fact, the City Code already allows annual inspections of all these buildings. They have the power to do this already and what they want to do is make building and zoning inspections. First I would.suggest that if they want to do that then maybe I think we should have fire inspec- tion review board to take appeals from unneeded and irregular Fire Codes like we have for Building and Zoning but further, I think it is very dangerous be- cause as you know, Mr. Mayor, a lot of people get very upset over building and zoning problems, a lot of them I'm sure would not take too well to the Fire Department coming in there and should it happen that they require the services of the Fire Department we would see a lot of personal problems getting involved in the vital City business of saving people's lives and I think this kind of ordinance is asking for that kind of problem. I try and reduce all of these personal problems as much as I can but when you have people who are intrusted to save my life going around myself inspecting things that really don't, have. anything to do with fire I think there are going to be a lot Ofproblems that aren't necessary. Like I said, the Code already. allows them to inspect buildings for fire violations. "74 rt Mayor Ferre: All right, thank you, Mr. Jaffer. Mr. Jackson, I think you wanted to say something. Chief Brice: I would just like to put on the record that there are no build- ing/zoning inspections, this is strictly fire and we did include the word annual in the change of Code which was not there before and it is not build- ing and zoning and that we do inspect buildings within service companies and we are able to respond to fires with those companies. We are not taking peo- ple away from Fire Protection and Fire Suppression and letting them inspect, they're doing both. Mayor Ferre: AlI right Mrs. Gordon. • Mrs. Gordon: The Code does say, I'll read it into the record what Jaffer , • started to but didn't finish it. "It shall be the duty of the Director of the DePartment of Fire to inspect or cause to be inspected by the Bureau of Fire Prevention or by Fire Department officers buildings and premises except the interiors as often as may be necessary for the purpose of ascertaining and causing to be corrected any conditions likely to cause fire of endanger life from fire or for the purposes of enforcing the provi- sions of this chapter .... Chapter 633 of the Florida Statutes". Again, this is merely a vehicle in my opinion to raise extra revenues and it is, indeed, a hidden tax. Mr. Jerome Robinson: Mr. Mayor and members of theCommission,:my name is Jerome: Robinson, Executive Director of the Florida Restaurant Association appearing here today for the Greater Miami Restaurant Association. We obviously oppose the present setup of the ordinance based on many suggested points that I'll make to you. (1) Under Florida Statute 509.303 it gives the State of Florida under that statute under Fire Safety the opportunity and the mandatory respon- sibility of before licensing a premise a food establishment which I can speak to,must have the proper fire equipment on the premises, must have the proper fire protective hardware on the doors in order to be licensed to operate within the state. Along with this, those plans are submitted to the City of Miami Building Department and are approved before we can get a license to operate. Nowthat:only proves that we are in good shape at the time that we start. Next, four times a year by statute we are inspected by the State for safety and ,sanitation. The safety factors are that the fire equipment that we have is correct:„.that it s hung at the, proper distance it must be from the floor, that it is, the proper piece:of fire equipment to be used in a restaurant and that it is properly rechargedand.is workable. We see a duplication now between the Building Department:;:pf:the City of Miami, the Fire Department of •;the:cityof Miami and thentheState of Florida and, incidentally, Dade County through the Health Department will be making inspections of these facilities for safety and sanitation. All we see now is government developing more bu- reaucracy, more people to do the job which is already being done in this City by the State and by your own Building Department. If the problem is true that the Fire Department needs budgetary moneys then take the moneys paid by the taxes to the Building Department who are supposed to be doing the job and, in fact, if they are not doing ic take it from them and give it to the Fire Depart- ment and put the dollars there but don't come to businessmen and say simply because the Fire Department wants more money we came to you and you pay for it, we don't think that's correct and we don't think it is good judgement. The business community now pays their fair share if not more than their fair share to do business in the City of Miami and we think this is a very heavy heavy thing to put on their backs, again, no matter what the dollar figures are, as small as they may be in here in order to get something done which is already done. Mayor Ferre: All right, thank you. Mr. Jackson, do you want to say something? Mr. Bob Jackson: Thank you, Mr. Mayor and members of the Commission. Bob Jackson, Executive Director of the Greater Miami Hotel and Motel Association. In talking with the Chief before this meeting we came to the conclusion that really there is a duplication of collections with the Building Department and the Fire Department in its new desires and I am questioning whether the Fire Department really has sufficient personnel to carry out the type of inspections that they are talking about this afternoon and although we hear that there is moneys to be devised I'm wondering how the hotels can truthfLlly be expected 'to pay duplicate tax for the same inspection. Now Mr. Robinson gave you the answer that you have a triplicate inspection going on and you're going to add to the cost of the hotel in operation. I was talking to a hotel man in this room just this afternoon and he told me that his weekly tax cost is for a small motel very close to this room $817.00 a week. Now it's getting to be sort of ridiculous and if you ask the larger hotels to go into the continual :75 SEP 2 7 1979 rt ( increase of taxation they're going to price themselves right out of business and it's not fair and although we don't feel that there is a reason not to use the Fire Department in inspections then do away with one or two of the others. Why have this constant duplication and harrassment? I don't think it is fair, don't think it is truely proper in it's essence. Thank you. Mayor Ferre: All right, Mr. Green. •Mr. Art Green: Thank you, Mr. Mayor. My name is Art Green. My address is 4150 N.W. 7th Avenue. I represent the Dade County Property Managers. We represent owners of properties located in Culmer, Liberty City, Brown Sub and Coconut Grove. We are inspected and we could be inspected because in that area there was a ...(INAUDIBLE)... Vandalism so great that it is impossible for a man to keep up We are inspected by the Fire Department, Hotel and Restaurant Division of the State, the State Treasurer.... Dade County by Health, Plumbing, and Building and Zoning. We are the most inspected group in all of Dade County Let me say the Fire Department of this City is doing and has for years been doing a fantastic job. I think the best evidence of the job that the Fire Department of the City of Miami is doing under the present situation and as now provided in the present budget is so good that it enjoys the highest rate available than any City in the United States by the Board of Fire Underwriters. Mrs. Gordon... when she said that this is a round about - and I would say, Mrs. Gordon, if I may, the proposal of raising more money that you don't need. If you do need it let's do it legitimately. Let's do it timely and honestly. I realize..... especially when it is unnecessary the job that is now being done by the Fire Department. Under this ordinance you cannot go into the interior of an apart- ment to find out if there is a violation, this ordinance gives only the right to inspect exteriors. .... Three years ago it was my suggestion (INAUDIBLE) I was critical of the budget, I was not critical of the amount of taxation in the budget proposal or the amount of taxation my objection then and my objection always will be that the budget not reflect a reduction in the number of Fire and the number of Police. I don't want to see anyone from Fire and Police be laid off. We need those men. Our taxes pay for those men and they are rendering adequate and sufficient service now or the Fire Department would not enjoy the rating it now has with the Board of Fire Under- writers. .... We have a good Fire Department, let's not tinker with it. Mayor Ferre: All right, thank you. Further statements from the Commission? Chief, on the record now there were some questions asked, again for the record do you feel you have the personnel to do this? Chief Brice: To conduct this program? Yes, sir. That's with the six civilian Fire Inspectors that we're requesting in the new budget. Mayor Ferre: Do you feel that this type of program..... would add to the safety of our buildings in this community? Chief Brice: Absolutely. Mayor Ferre: Do you think it would help in the next time we get rated by the Insurance companies in the classification of the Fire Department of the City, would it help us maintain the highest standards possible? Chief Brice: Yes, in the Fire Prevention Bureau which was rated somewhat separate from the Fire Departmentwe did have some deficiency points and some of them were in the area of inspecting special hazard types of installations, dry cleaning establishments and such as that and this would give us a blanket coverage of all types of commercial establishments. Mayor Ferre: I remember your predecessor, Chief Hickman, on one occasion telling me the one weakness that the City of Miami Fire Department had was this and he was hopeful that we would eventually be able to greatly improve that because that was the only area that he thought needed some attention. Do you think that this would move us in that direction as far as the rating is concerned? Chief Brice: Yes, I think it would be another move in the right direction in our inspectio program. Mayor Ferre: Lastly, 1 just wanted to ask you if you don't get this.... How strongly do you feel about this? Is this something that's really.... Chief Brice: The inspection portion of the program which I think we have steadily been moving towards, what enhances us here I think is the consistency 76 SEP 2 7 1979 f in the documentation that we are conducting, the visible certificate that we're issuing and the amount of work it requires to do a proper fire inspec- tion is growing because the size of the buildings are growing, the type of inspections we're doing are growing. I must say that some of the things we mention, and these people have been friends and allies in many things and they did augment us and help us in the area of fire extinguishers an area we had a tremendous problem with and we have cooperated with industry and we appreciate them but the point here I think in regards to the inspection is that if we are to do an adequate job we have to spend the time there and the more time you take the more resources it takes from the department in terms of manpower and in terms of hours to do it. The inspections we're doing today are good, we are trying to move in this direction. What this does is add the word annual to the Code and give us the legal incentive to move on and make sure that we do it annually. Mayor Ferre: In other jurisdictions do they charge fees for this type of service or are we.unique in that sense? Chief Brice: In the fire service? Mayor Ferre: Yes, do other fire departments charge for these types of ser- vices? Chief Brice: Yes, there aredepartments that do charge for insPeotions • Mayor Ferre: An d how much is involved, is it 10,000, 100,000, a million dollars? Chief Brice: In revenues? Mayor Ferre: Yes., Chief Brice: We project somewhere between 200 and $240,000. Mayor Ferre: And if you didn't have that with the budget You Presently have you couldn't do that. Chief Brice: Well this would be an additionalrevenue, it is not directly a part of our budget, in other words the operatingbudget is there. This would raising mechanism i that would go n the General Fund as do all the service or fee oriented types of services. Mayor Ferre: Do we havesp in iontheerdepartments fees that we charge for services like, for exampl.e, building inspections, electrical, plumbing and all that? Chief Brice: Yes. Mayor Ferre: Is this different from that? f Brice: Yes, it is totally fire. Chief Mayor Ferre: No, no, I'm.t not saying that, the philosophy of • Chief Brice: Oh, the approach. Mayor Ferre: The approach, isn't it in effect, for example, those other muni- , cipalities that charge a fee, for example collecting garbage which we don't, this is a way in which other municipalities are functioning? Chief Brice: Yes, the philosophy we used was that other departments do use this approach and we used that as a guideline to develop it. Mayor Ferre: So I think what we have before us isitwo questions: (1) Do we need this type of inspection and (2) How are we going to pay for t? Is that Mr. Grassie: That's correct. Mr. Lacasa: I have a question. Do you testify to the affect that this inspec- tion will add to the updating by the insurance companies of their rating of the City of Miami as far as Fire is concerned? Would that imply a savings in insurance rates to the businesses that might be affected? Chief Brice: To speak directly to say that it will is a problem because the insurance service office has a very very complicated rating schedule. I think SEP 2 7 1973 that it would enhance our fire prevention activities and would improve our rating in the bureau. We are already a Class II City which is the highest rating that is given in the insurance industry so it would help us maintain that basic rate which has been so good for so many years. Mayor Ferre: Okay, the other question is this: I think that it was Mr. Robin- son who testified to the effect that this could be a duplication of services, duplication with other inspections similar to this conducted by.other outfits, how do you respondto that? Chief Brice: Some of the things that were mentioned were, for instance, I think it was mentioned that there were requirements in the Codes to put certain fire protection facilities in buildings. That's true the South Florida Build- ing Code requires and through the Building Department and the Fire Department we inspect this, this is a maintenance inspection. What happens one year, five years, twenty years after the installation? Does it work? Does the alarm system work? Are the exits blocks? Is there combustible material stored that shouldn't be? It's a daily problem and it always will be, that's why an annual inspection is the best means to make sure that exits aren't locked, that in a disco that is over crowded that has bolts on it is unlocked and we do these things constantly on that level. Now we're trying to say that we've got to get into all commercial establishments and do annual inspections. Some years ago a very small clothing store in the downtown area of our community in the middle of the day had a fire and killed two people. The back exit was locked and barred. So we need to look for those things and that's why inspections are so important. That's whywe've got to do it annually at least and we've got to do it more •often in some types of places, in theatres and discos, we go there more than annually but we've got to get in every place annually. Mrs. Gordon: Well, how could you have found that barred back door, interior barring if you're not going to be permitted by this ordinance to have an interior inspection? Chief Brice: The reference to interior only refers to residential types of prop- erties. We cannot enter the home or the apartment or the condominium of someone unless we are invited in and then we only have the privilege of suggesting cer- tain changes that should be done. The inspections in the internal part in the public area of the building we do have the right and we do have the authority to do so. Mrs. Gordon: Okay. Mr. Ferre had to leave but he'll be back in just a few minutes so he said for me to run the meeting so we'll keep the discussion going until he gets back. The question that is in your budget, you made mention of the fact that regardless whether this passes or not your budget will remain the same, is that correct? Chief Brice: Assuming that the Commission approved it at that level, yes. . Gordon: And if the Commission does not approve this what would happen? Chief Brice: I was speaking of the budget, our budget is funded at this point to take care of the operational expenses including all the personnel that we need to do the program. This is revenue that is outside of that budget. Mrs. Gordon: I'm saying to you if this is not passed what will happen to the amount in your budget, will you have to lay people off, will you be firing fire fighters or what? What are you going to do if this is not passed? Mr. Gressie: What we would have to do, Commissioner, is not employ, not have the civilian fire inspectors whom the Chief expects to bring to the department to .supplement his uniformed inspectors to do this work. Mrs. Gordon: Okay, they receive how much? How much do they get paid, those six people? Mr. Grassie: In direct, I'm estimating for you now, I would say $100,000 in direct salaries plus the overhead costs of the office, putting them in a car to get out to where they have to work and that sort of thing. Mrs. Gordon: And the balance of the revenue that would be generated then would go to what? You know, if you didn't get it then what? You wouldn't have those six people but six people don't amount to the total amount of revenue that would be generated by this ordinance so what would happen to your budget? Would you then have to lay off some fire fighters? SEP 2 7 19iS Mr. Grassie: The rest of it goes to support the General Fire Fighting effort, the General Fund Budget. Mrs. Gordon: ....(INAUDIBLE) al queStion that has not been answered, I'll ask you, Mr. Grassie. Will he be required to lay off fire fighters? 'That's the question. • Mr. Grassie: Welli you certainly would,have'to cut the budget someplace, yes. Gordon: And that would mean laying off fire, fighters. Mr. Grassie Either fire fighters or you knoW somebody in the budget, Yee... Mrs. Well, who would the somebody'? •Mr..Grassie: Well, the difficulty in answering your question, Commissioner, is, that the revenue is a General Fund Revenue and consequently supports any position-. in the General Fund. Now, this is money which has been calculated for the sup- port of the Fire Department but theoretically it is possible that you retain the , Fire Department where it is and cut some other department. That's why it is:: difficult to answer you unequivocally but what I'm saying is that if we don't get that revenue something would have to give someplace and that revenue has . been earmarked for the Fire Department. Mrs. Gordon: But you are also saying, and it's on the public record, that _if..., •this does not pass there will not be any cuts of personnel in the Fire Depart- ment. Mr. Grassie: Well, that's a choice. You know, that would be the choice that you would exercise when you put the budget in its final form. We are going to • have to make a number of adjustments because of some of the programs that we decided to fund the day before yesterday. You know, I can only tell you that when you make your final determinations on the amount of budget for each depart- ment which I would anticipate you're going to do today. Mrs. Gordon: My major concern is that if we not levy this what I consider a tax, and I believe it is because....and you know the level at you've been deliver- ing it and it's the level that it should be delivered that's not the people's fault, they're paying for it and I believe that you should deliver it and I believe that we should deliver more money to the Fire Department and we should get the money through the same kind of sources we have to provide the improve- ments in neighborhoods, I'm not saying that we shouldn't provide the improve- ments, we should but we should also fund the Fire Department for what they need to operate a complete program apparently the program is good and I'm saying that they should be thorough and complete in every way, I mean let's not any- body deny that they have to deliver a complete service. What he's saying is that we don't need to tax people for what they're are entitled to receive and So I would like to see rather than this being acted on as a Second Reading that we prepare an additional sum of money for the Fire Department from the sources available to us which are the Capital Improvement Fund such as the FP&L Funds • Or any others that are in the reserve. I would like to see us do that to an amount sufficient - I'll wait until somebody is listening. I would like to see, Mr. Lacasa, Iwanted-youto hear this too, I'd like to see us really beef up the Fire Department,they're undermanned and we know that. He knows that and wOn'tadMit'„to,it.:,onthemicrophone but he knows that. And also put in place an±extra;;.resCueUnit':be"oaUse this community requires it and needs it. The 23,000iunglaSt':year,, is that the correct figure, Chief, for the rescue units Iatt:'year?* Chief Brice: We had 23 total runs, 20,000 EMS rescue oriented. Mrs. Gordon: :Okay, that's a lot ofrxilitOrtinly :units that are working „•. and I think the men are working:very-i:hardandthOuldhaVe some relief. So I would like to see us take the request amount of money from the reserve fund for theektri-repOUOUnit and sufficient whatever is needed to give us complete fire protection service, and the amount you'll have to tell me, Chief. Chief Brice: Are you asking me now, Mrs. Gordon? • Mrs. Gordon: Yes, 271979 Chief Brice: The cost to put the program in is included in our budget this year which includes using available resources such as our in place Fire Code Enforcement Program using the in-service companies, the engines and ladders. Augmenting that with these additional six civilian Fire Inspectors which will be responsible for the routine types of inspections such as this pro- gram. Mrs. Gordon: How come you need the extra rescue units then? Chief Brice: I put that in a memo, I think it was about 240-$250,000.... Mrs. Gordon: .... about 300,000, in other words about $400*000 to cover Your requirements for the extra fire inspections and also for these units, is that correct? Chief Brice: About 240,000 is what we need for the personnel to put in the sixth rescue, as far as this program, my answer at this point is that t is included in our budget projection. Mrs. Gordon: I'd like to move that 240,000 be put into the budget for the Fire Department for the implementation of the extra rescue unit. Mr. Lacasa: 1 second that. But this is from the General Budget or this is, from this? s. Gordon: The upcoming budget. Mr. Lacasa: Why don't we deal first with things that we have in front of us, Rose? Mrs. Gordon: well, this is a motion, it has to be followed wi..1 an ordinance so it has to have more official action but this is a policy decision and it directs the Manager as to how we would like to see our Fire Department operate. Mr. Lacasa: But wouldn't this type of motion be more proper at the time that we discuss the budget rather than on this particular issue? Mrs. Gordon: Not necessarily, Armando, because the fact is that at this moment this other issue lies before us and if we don't approve it, if we don't take it we've got to be awfully sure that the Fire Department is not going to suffer any harm. Mr. Lacasa: Rose, I want to deal with one thing at a time. I thought that we were discussing this. I Want to finish this up because the question here for me in this particular issue that we are dealing with now is not the ques- tion of the money that the Fire Department will get, I am all for giving the Fire Department enough resources so they can continue functioning in the fash- ion that they have been doing so far. The key question for me, and I am com- pletely against duplication of services and any kind of harassment and undue service even if that means some more revenues for the City of Miami as far as far as businesses are concerned. But the key question for me was answered by the Chief when he mentioned the necessity of the continuation of the inspec- tions. In other words what I am concerned with quite frankly is the fact that we might have an original inspection and then nothing happens in five years and in five years the situation changes completely and we have a fire hazard and nobody knows about it and people get hurt and die as the result of that. So that is my basic problem with this particular issue and not the question of the funds Mayor Ferre: May I recommend so that we can proceed orderly, and Rose, you might get some votes on this one first and then.... I think what we ought, to,do is first of all pass a motion that we agree that the yearly inspec- tions must be done without addressing how the payment comes about and then secondly make a motion as to how we pay for it and if the majority wants it that way fine, if not then we vote on (b). Mrs.. Gordon: But the Chief said that he did not need the extra money to do it, he said it is already in this budget and he admitted that the money is going to be used for something else in the General Fund Budget. Mr. Grassie: Commissioner, you need to understand that, that is not a cor- rect representation, Commissioner. What the Fire Chief said was that his budget as it has been presented does include this program, that is completely !80 SEP 2 7 1979 true. The budget also as presented includes this revenue. Now, you cdn't unless you make some other adjustment accept the cost and not accept the revenue. Mrs. Gordon: Then I would say that we need to, therefore, pass a motion now to provide the funds to the Fire Department so that if it is not needed for the inspections it would be available for the rescue unit but nevertheless it would make available funds to the Fire Department so there would be no concern about laying off manpower. Mayor Ferre: All right, there is a motion on the floor, is there a second to the motion? Mrs. Gordon: There was a second. Mr. Lacasa: No, I withdrew the my second on that particular motion, Rose, because I want to deal with this first. Mrs. Gordon: All right, I'm dealing with this now that the funds, the amount of funds which are approximately $200,000 be Placed in the budget from sources other than this hidden factor and that it come front those moneys which are available to us from the FP & L funds, that is the motion. Mayor Ferre: That motion did not get a second. 1 will ask again, there . second to that motion? Is there a second to that Is there a second? Hearing none then I Pass: the gavel. over to you, Mrs. Gordon,move second reading, an ordinance (Thereupon Mayor Ferre read, the proposed ordinance. into the public reccirth ) - Mrs. Gordon: , Again,. for 'clarification;. this ordinance. makes arrangements .for the taxing Of - the . property 'Owners for the inspection, - is that -clear: and is that . - INAUDIBLE . . Mayor Ferre: agree to that, that is your opinion, I think this is.... I'm not referring ..... I Cities under the authority granted :under the Constitution of the State of Florida certain rights of taxation -And -passing. fees. There are many fees that -governments get, this is a fee and the fee in the opinion of the administration and Fire Chief Brice which I concur.... Mrs. Gordon: Again in rebuttal to that statement the Charter and Code call for this service to be delivered to the people of the City of Miami and the only way that you can charge a fee is if it were something beyond the expected kinds of inspections or service, something extraordinary, there's nothing extraordinary in this because what is being proposed is what should be del- ivered:..„-.. and it hasn't been and the haven't been getting their money's worth-for'what they've been paying for and I don't believe that's tn.. either because I think we have a fine Fire Department, I'm all for it fut I also feel that they deserve to be funded but not by taxing the people twice. Rev. Gibson: .,Mr. Mayor, I find it a.little difficult to the Fire Depart- ment at all...—. (INAUDIBLE). Let megive you something that happened this morn- irig.'...riear..:4nddeartO'My:heart..:andiS::::reCent, current. This morning my '..Wife:•4$:Meto gettr-Pand:turp.ontheStOye and I did. It may not be the sameAtind of building but it hadrsom4.t.....:I turned.onthe stove and the fry- ing A)ari was smoking or burning, whateyerancLabout 6:00 O'clock this morning mysister-in-law who lives in ArkantaS that we ought to put these automatic • fire alarms, smoke business in our home and atfirOtthought she was crazy, 1:thought it was an added cost,-...;H.. As the frying pan began to smoke off went this unit and I was hOrrified. My wife wasjnthebedroom, I thought . -, ',.::•"- she was asleep and I want to tell you thisshe'jumpedup in a hurry, came out*Y. and she said, "Husband And I want to tell you this, it was one of the most revealing things I have witnessed in a long,:,tiMeSo if that hadn't hap pened this day maybe I would not want to put that thing on but having had that happen to me..., I'm going to vote for that thing, man because if it saved my house that I have invested something like 65 or $75000,Jr:,and I:don't have no more of that to put in I'd rather pay that $10 now'in Order to avoid 65 or $75,000 later. Let me add also for the Fire Department I sit up on a national board, we run investigations, and on that board is a man that represents our church Al]. church properties, rectories and even homes of clergymen that they want to sell. I was in New, York talking and you had asked me what my intentions were about the future. And a very interesting thing when talking with them he said to me, "He said, Gibson, do you have insurance here?" I said no When will I be.able to get an inspection? You know what he told :81 SEP 2 7 1979 me? He said the fact that you are from Miami and Miami has the rating it has you can get that insurance without the inspection on the spot. That's how much faith and confidence they have in the quality of protection that Miami affords. I want you to know that just by calling them the State Farm Insurance Company, not even sending a man, I got $65,000 insurance on that house signed and sealed and I want to serve notice that with that emotional upheaval I am ready to vote. Mr. Greene: Father, except for one thing you'd be right. Nothing in this ordinance would have stopped what happened this morning..... They can inspec everything except the interiors of buildings. Rev. Gibson: I'm going to argue that this is get to step number 2.... Mayor Ferre: I call the question. Mrs. Gordon: Before you call the question, I recognize this gentleman at the microphone. Mr. Robinson: Yes, I read where you're going and sometimes what you're saying makes good sense, Commissioner, but what you're saying in context take out of context for a minute. You made the statement that, and the statement was made here by the Chief of Police, that daily there could be problems, that the installation we put in today is good, four years from now it may not be. We're saying to you that there is a department of this state government that is making eight inspections a year on our places of business, eight a year. What can the Fire Department in one inspection find where these men are making eight and keeping it current and keeping it up to date, keeping the equipment in good shape, seeing that it works properly? They're constantly doing it. What we're saying is you have a way of doing that now and it is being done. Now you just gave $100,000 to put some trees on the street and I think that's beautiful, I love them. I think it's the most magnificent thing in the world - the taxpayers are paying for it or it is coming out of some fund somewhere. What we're sug- gesting to you here is that you've got $240,000 to look at and if you can find the $240,000 somewhere other than going to the businessman and going into his pocket to have it done. The difference of Father Gibson and the restaurant man is this, Father Gibson made a decision to purchase that piece of equipment, he was not forced to do it. The businessman today is being forced to do every- thing and he pays for it because government lays it on his back. And what we're saying is this, we are complying with the law or we would not be able to operate today and there are people doing business in this community who would like to mind their own business if government would give it back to us just one time. But every time we turn around something more is laid on the back of a business- man. Now in this ordinance since you have places, and the Chief of Police has mentioned it to you, cleaning establishments, there was a fire in a taylor shop. Fine, if this is where the problem where there is no inspection we are being inspected then amend the ordinance and put the burden on the places who are not getting the inspection today that should be getting it. We are getting the inspection, we are complying with the regulations or we would not be in business and amend the ordinance to take in those places which are not licensed by the state that come under 509.303 then you have put the burden on only those people where the burden should rest and not on those who already have a burden on their back. Mr. Greene: If I may, just repeating again because I must bring out the point. We are being inspected, we are paying for.... EP- 271979 (Cont'd) Mr. Green' if government would give.it back to us, just one time. But everytime we turn around something more is laid on the back of the bussinessman. Now, in this ordinance since you have places, and the Chief of Police has mentioned it to you, cleaning establishments, there was a fire in a taylor shop. Fine. If this is where the problem where there is no inspection, we are being inspected, then amend the ordinance and put the burden on the places who are not getting the inspection today that should begetting it. We are getting the inspections, we are complying with the regulations or we would not be in business. Amend the ordinance to take in those place which are not licensed by the State that come under 509.303. Then you have put the burden on only thcse people where the burden shoud rest and not on those who already have a burden on their back. Mr. Jackson: If I may. Just repeating again, because I must bring out the point. We are being inspected. We are paying for that inspection. We're not belittling the Fire Department. That's the last thing in the world any one of us would dare to try. All we're asking is a little leniency on the payment from our businesses. The ' strain. Can't you do away with one of the other payments? One of the other groups that are making the isupection that the Fire Department; could probably do better, and we would 'be very pleased to pay the Fire Departlnent.. But why do we have to pay the saine thing twice and perhaps three ,tithes.'_;: Please, givea little leniency. in your thinking. Mrs. Gordon: All right. Is there anyone else...are you "still ;callinf thequestion. now, Mr. Ferre? Mayor Ferre: Yes, I'm_calling.the question. Mrs. Gordon: Did you w•ant, to speak,.Armando.? Mr. Lacasa: Mayor Ferre: All right, Mr. Lacasa: You came out with anew point that I have not seen before. And is the question of that some of -the businesses might have a sort of a double jeopardy in thiskind.of a situation. So with that in mind, I'd like, Mr. Mayor, since your.made the motion, to request that it be amended to include instructions to the Manager to come back to us within 30 days with an analysis:of the. businesses being affected by the ordinance' so if there i"s duplication, such as the one that you mentioned now, you could:-be;exempted. Mayor Ferre: All.;right, accept that as an amendment. Mr. JacksonMay 1 ask Mr. Lacasa...Commissioner Lacasa the apartments which are now being examined by more... Mr. `.Lacasa: Mr. Jackson: A complete analysis M Right. that you include Mayor Ferre: Everybody o k Mr. Lacasa: So you cannot be jeopardized twice. y reasonable. Maynr "Ferre • I as made. Mrs. Gordon: Well,. Mr. Knox, this is an. ordinance, not a resolution or a motion. How should it be handled, ;at this point? I: think -that s ver call the question, Madame Chairman, with the ;"amendments Mr. KnoxYes, this is an ordinance. And it is an oridnance on second reading, which does not take effect until 30 days after you adopt it, if you adopt it. Now, in termsof the material that Mr. Lacasa is suggesting be added by amendment, it may be necessary to ,83 SEP 2 71979 redraft some portion of the nancei unless there 1 efficient way of providing for this amendment here. ;o: ICI:r nead t the ordinance now and adopt a notion . adopt the Ferre: Of intent, Mr. Knox: °f intent. MFerre: All right, I...I would recommend then, Mr. Lacasa, Mayor you are the seconder of this notion that we do it in the following a. We adopt the ordinance, you make the motion of amendment and IZill second it or if somebody else does, then we proceed that way. Mr. Lacasa: That's fine. Mayor Ferre: 1 so move...I therefore, call the question. Father Gibson: Let...let...tell me that again. I didn't quite hear that. Mayor Ferre: What we're going to do is pass the ordinance on second reading. And then we're going to pass a motion amending it based on what Lacasa has brought out. Which is to avoid duplication, and which the Manager agrees to, and George Knox agrees to. Father Gibson: Well, before I vote I want to ask two people...Chief... sir, you know, I'm not a fireman, that's not my hustle. I want us to not only be up with, but I hope we could continue to lead the way, Now, you heard what is being proposed. I want to make sure that I don't hamper nor hinder the forward looking direction. I'm for the delay and for putting off. I'm for that. Now, the other thing is, sir, I want to make sure I hear you right. That is if we...we're going to amend this motion to take care of those that are already being...and only...this will only affect those that are not. Mr. Jackson: That's correct. In other words, if I may just for a moment, Father. Florida Statute 509.303 locks in under Statute 509, all of those places that are now being taken care of by the State for safety and fire protection. What we're saying is to amend those people who are in that particular statute away from the ordinance, leaving those who have no fire protection procedures to take care of it. Father Gibson: Let me...let me do this. I'd feel if...since you know what...you know, you know your Chief knows his thing, I would like for the two of this action, that the two of you, even in the word that whatever is worded and brought back here, you of minds. Is that all right? Mr. Jackson: Except for one thing, if I may interrupt, Father. Apartment houses are covered by that section. We appear continuously before... Father Gibson: Well, it sayswit says that those that are exempt... it said that. Isn't that right sir? Mr. Green: Yes, the ones that are not now.covered. more comfortable thing and the you, after we pass get together, so know, be a meeting Father Gibson: That are presently covered, will be exempted. That ought to be very simple. I just want to know what I'm voting for. Mrs. Gordon: The question I raised that I would like to know, and I think that we ought to defer this matter entirely because I... Mayor Ferre: Mrs. Gordon, one of the members of this Commission has called the question. That is me. Under the rules of this Commission once that is done... 84 SEP 2 7 1979 Mrs. Gordon: I would like to complete...I have the gavel Mr. Mayor, I'11... Mayor Ferret There is no more debate. I call the question. Mrs. Gordon: You don't have..0.k. The fact of the matter is we don't know how much money will be generated now when there will be these exceptions. Therefore, this entire thing should be tabled until such time as we know what we are doing. I mean, we're acting in haste. For whatever reason. I don't know what your reason is. But whatever the reason is, it doesn't make sense. It's better to have your figures. 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AN ORDINANCE ENTITLED-- 1 AN ORDINANCE AMENDING SUNSECTION 2-24.1(2) AND SUBSECTION 17-26(a) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY ESTABLISHING AN ANNUAL FIRE SAFETY INSPECTION PROGRAM TO BE CONDUCTED BY THE FIRE DEPARTMENT FOR BUILDINGS AND PREMISES, EXCEPT THE INTERIORS OF DWELLINGS, AND PROVIDING FOR THE ISSUANCE OF CERTIFICATES OF INSPECTION AND ESTABLISHING A SCHEDULE OF FEES THEREFOR; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE , . • Passed on its first reading by title at the meeting of September 13th, 1979 was taken up for its second and final reading by title and adoption. On a motion of Mayor Maurice Ferre, seconded by Commissioner Lacasa, the Oridnance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Armando Lacasa Mayor Maurice A. Ferre Commissioner (Rev.) Theodore R. Gibson NOES: Commissioner Rose Gordon ABSENT: Vice -Mayor J. L. Plummer, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO.8985 The City Attorney read the Ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Mayor Ferre: All right, Mr. Lacasa, for the purposes of making you motion...your amendment. Mr. Lacasa: I move that the administration be instructed to cone back to us within 30 days with an analysis of the businesses affected by this ordinance so those who could be double taxed, or do not need the inspection requirements be exempted. Mayor Ferre: Be exempted. • Mr. Lacasa: Exempted from the provisions of this ordinance. Mayor Ferre: All right, is there a second to that 'notion? Father Gibson: I'll second the motion because that's what I Understand you to say would meet with your objection. All right, sir? ,. Mayor Ferre: All right, further discussion on the motion that's been made and seconded? If not, call the roll. Mrs. Gordon: The... Mr. Grassie: Mr. Mayor, I think in fairness to this gentlemen, we should -make sure that he doesn't go away with a misapprehension about what we understand Commissioner Lacasa said. We do not understand that Commissioner Lacasa's motion automatically exempts anybody who receives a State inspection. What the motion says is that the Fire Chief will analyze the result of that inspection. If the State inspection accomplishes the same purpose, then they would be exempted. But the simple fact of a State inspection would not exempt them. Mr. Lacasa: Of course. It will be exempted by this Commission, amending its own oridnance on the basis of the analysis made by the... • Mayor FerrL: Of what the Fire Chief comes... Mr. Lacasa: Fire Chief, which will be tantamount to what Mr. Robertson here has stated. Mr. Robinson: Mr. Mayor, that was not my understanding of what Mr. Lacasa and the rest of you said. You said, that there would not be a double , taxation. That... Mayor Ferre : That's what he just said... Mr. Lacasa: That's what I said Mr... Mr. 'Robinson: That those already paying ,to the State of Plorida would not have to pay to the State... MaYor. Ferre : After the Fire Chief comes back and confirins to us that in fact,it is a duplication. That's „ H MrRobinson: There is a duplication. Mayor have a Fire Chief Mr Robinson The law shows you there is a duplication ,•... • ,• . „ . • , •• - • • ,, • . Mayor Ferre: What? Mr. Robinson: The law shows you there is a duplication. Mayor Ferre: Well, we're dealing with the Fire Chief. This is a matter that the Fire Chief is going to advise us on. I don't.know about the rest of this Comnission, but I agree with Gibson. I'm going to follow what the Fire Chief is recommending because that's his business. Nov, is there further discussion on this item? If not, call the roll. SEP 2 7 1979 The following motion was introduced by Commi.ssioner I.,acssa, who moved its adoption: 40TION NO. 79-654 A MOTION INSTRUCTING THE CITY MANAGER TO CONDUCT AN ANALYSIS OF ALL CITY OF MIAMI BUSINESSES WHICH WOULD BE AFFECTED BY THE IMPLEMENTATION OF ORDINANCE NO. 8985, WHICH ORDINANCE REQUIRES AN ANNUAL FIRE SAFETY INSPECTION PROGRAM TO BE CONDUCTED BY THE FIRE DEPARTMENT TO DETERMINE WHICH BUSINESSES ARE PAYING DUPLICATE FEES FOR THESE SERVICES AND TO REPORT SUCH FINDINGS BACK TO THE CITY COMMISSION WITHIN THIRTY (30) DAYS Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: .Commi.ssioner Armando Lacasa Commissioner (Rev.) Theodore R. Gibson *Mayor r..0 In rice A. Ferre NOES: **Commissioner Rose Gordon ABSENT: Vice -Mayor J. 14. Pit:ismer; Jr. ._. ON THE ABO% . **Mrs' Gordon: Since I'm ride in favor of the ordinance, don't any merit in any part of it; even the motion that's being proffered now , *Mayor Ferre: I vote yes. And I'd just we're going to go on to something else, but Mrs. Gordon, I noi:iced that you were, the seconder of item number 16, which is this ordi.nance. ,.. Nrs Gordon: It was first reading , Mayor Ferre: On first reading... Mrs. Gordon: Which I Mayor Ferre: And again you follow your continual pattern of flop -flopping and changing your vote every other time Mr. Jaffer: Speaking of your continual patterns, Mr. Mayor, L::: here d on it. the whole meeting that that was supposedly voted on, an s Mayor Ferre: I don't know of anybody recognizing y atthis time we'll take a five myou All right, inute break and then we will get into the budget.. . Mrs. Gordon: You have another item similar to the one you just passed, do you want to discuss 4-..hat one.first? Father Gibson: Mr. Mayor, she was saying that You have another item similar... Mrs. Gordon: The next item is exactly the same subject matter only it deals with the Police 1)epartment. I suggest you take that up and get that Mayor Ferre: 0.k. WHEREUPON the City Commission recessed at 5:20 P.M. and reconvened at 5:35 P.M. with the.following i37 (CONTINUED NEXT PAGE) sp 2 7 191..9. ABSENT: members of the Commission found to be present: Commissioner Armando Lacasa Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre *Commissioner Rose Gordon *NOTE:Conunissioner Gordon Vice -Mayor J. L. Plummer, Jr. Entered Meeting At Approximately 5:37 P.M. Sr.." 24. ALLOCATE $494030,CAS.:7. SUPPORT F0a: "SECOM KOTTULL MTOBEaFZET" Mayor Ferre: Ladies and gentlemen, if you will take your seats, we are back in session. And there are many people here on separate items and I have to correct my previous statement that we would start with the budget bEcause there are people that are waiting here all afternoon on other items. So I will try to ....I think the next one is Annette Eisenberg who is here on item number what? Item number 32. Lets identify the items. Would you raise your hands those of you that are here on other than pension and budget items. What item are you on? 21. What item are you on? 9. Item 9. Anybody else? Are there any other items here other than budget or pension items? There are three items. Mr. Fosmoen,,would you do me the favor of letting Commissioners Gordon and Lacasa...would you tell Lacasa and Gordon that we are in session? All right, Annette, you are recognized. We are now on item number 32. Mrs. Annette Eisenberg: My name is Annette Eisenberg, Little River Commerce Association. On item number 32, we thank the Manager for recommending the $4,330 toward our Oktoberfest. But if, if last year the Commissioner was generous and allocated $5,000 and because of our allocation, we can now...we were so successful we are now on our second annual. And you'll all remember this group picture we took in November of last year in the Oktoberfest... Mayor Ferre: Annette, lets cut through that. What is it you want? Mrs. Eisenberg: We. asked for $5,000, the same as last year. - • •, •- - •.... Mayor Ferre:-.- Is there •a•:mOtiOn'?,.Is there a inotion? • Mrs. Gordon: What itemis...what nuniber are we ...„. Mrs. Eisenberg: Itein nuinber 32. .„...„..• .• Mayor Ferre Mrs. Gordon: Second. to the niotion? - - • ' - • • • . - • • • • • . • . • . • • . • ..-. . - . . , Mayor Ferre: All right, moved by Gibson, second by Gordon. Mr. Grassie: One point, Mr. Mayor. In order to maintain the City Commission's Policy, would you make that contingent on the fact that the festival develops $10,000 of cash from their own resources. 8 8 Mayor Ferre: That's fine.t4 0.k. Mr. Grase4e. You mean,"y,u an that anyway so... they have said that they would develop $8,600. That's why we gave them $4,300 following your policy. Mayor Ferre: Oh, come on Joe. Mr. Grassier Mayor, it's your policy. We're simply tryi.n it work. Mayor Ferre Annette, -Mrs.Eisenberg: Mayor Ferre: Well you heard.:.you agreed to $8,600, he's asking;:you now can' you add.• Are you asking from. proceeds? $14,000. Mrs. Eisenberg: Mayor Ferret Mr. Grassier Yes, raise $10,000 of your own 80 we can give you Mrs. Eisenberg: `Raise 10,000 it's'from proceeds.: Mayor Ferre: Ofcourse Mrs. Eisenberg: What we try to do, of course,:is make. this a family orientedfestival and offer'happenings andgames, and rides for kids. It's not profit making. Mayor Ferre: What the administration...what the administration is trying to assure is that it really is a.' neighborhood community program just like you were questioning the flim festival. Remember the film festival? Mrs. Eisenberg:. Right. Well how much are they going to have to generate for the 20; $48,000? Mayor Feria:,That is part and parcel of this whole thing,you see... Mr. Grassier About-$150,000... Mayor` Ferre: That's why we demanded that they have $75,000 from the TDC and$25,000 from the County. Now, he's asking you are you going to be able...and of course,.you are going to generate that, come on? Further...and anyway, whose going to take your $5,000 away once you've:; had your.. festival. Mrs. Eisenberg: You'd have a problem. (LAUGHTER) Mayor Ferre: Well, I mean...I'm realistic Joe Mrs. Eisenberg: I didn't come in for $4,860, I'm holding the leve like the President's.... Mrs.` Gordon: Mayor "Ferre: a ' The following motion was introduced by Coutmissioner Gibson, who moved its adoption: ------RESOLUTION NO. 79-655 A RESOLUTION IN CONNECTION WITH THE 2ND ANNUAL -_,OKTOBERFEST, ON OCTOBER 27, 1979, CLOSING CERTAIN STREETS TO THROUGH TRAFFIC ON SAID DATES DURING • SPECIFIED HOURS AND ESTABLISHING A PEDESTRIAN MALL; SAID STREET CLOSING SUBJECT TO ISSUANCE OF PERMITS BY THE POLICE AND FIRE JEPARTMENTS; PROVIDING THE SERVICES OF 1 REGULAR POLICE OFFICER; PROVIDING THE DELIVERY OF LITTER CONTAIN ; AND PROVIDING A MAXIMUM AMOUNT OF CASH ASSISTANCE IN THE AMOUNT OF $5,000 TO THE LITTLE RIVER COMMERCE ASSOCIATION, INC. SAID FUNDS TO PE ALLOCATED FROM SPECIAL PROGRAMS AND ACCOUNTS; QUALITY OF LIFE PROGRAM -COMMUNITY FESTIVALS; SUBJECT TO SAID GROUPS; SUBSTANTIAL COMPLIANCE WITH ALL OF THE PROVISIONS AND CONDITIONS CONTAINED IN THE CITY OF MIAMI COMMISSION POLICY 100-4; AND FURTHER PROVIDING THAT THE SAID ASSOCIATION SUBMIT TO THE CITY MANAGER, WITHIN 60 DP.YS FROM THE DATE OF SUCH FESTIVAL, A DETAILED ACCOUNTING OF GROSS RECEIPTS RECEIVED BY IT BY WAY OF FEES AND FUNDS RAISED IN CONNECTION WITH THE AFORESAID FESTIVAL, TOGETHER WITH A DETAILED ACCOUNTING OF FUNDS DISBURSED, INCLUDING THE MANNER IN WHICH NET PROFITS ARE TO BE DISBURSED, TOGETHER WITH A STATEMENT OF THE SUMS DISBURSED, -CONDITIONED UPON THE PROMOTERS OF THE OKTOBERFEST RAISING A TOTAL OF $10,000 ON THEIR OWN FROM OTHER SOURCES OF FUNDING (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Co=issioner Gordon, the resolution was passed and adopted by the following vote: AYES: Commissioner Armando Lacasa Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre NOES: None ABSENT: Vice -Mayor J. L. Plummer, Jr. 25. Tr.?.A11C,FE:1 AIM REPLACVIETIT OF "CL'RTIFICAT7S OF PUBLIC CONVEAIEFiCE AIM IAECESSITY" Mayor Ferre: All right, the next item to come before us is item number 9. I'm sorry...9. Transferring and replacing certain certificates of convenience and necessity issued under the provisions of Chapter. 56. All right, sir. 90 • • SEP L71S7S :vi"x`+Y:*Ei'ii':�('>ea=^; :�K-;- �L'C:w�!r`Fi.�!�-LiiYai9Ylaavna• Sgt. William Bishop:- Sgt. Bishop, City of Miami Police Department. This is the application for the taxi cab owners and hopefuls to purchase Certificates of'Public Convenience and Necessity. And when they made application, we found nothing in the background investigations to preclude the applicants for qualifying. Thev need your resolution of approval . Mayor Ferre: All right. You need the resolution of approval. All right is there a motion?' Mrs. Gordon: Move. Mayor Ferre' Moved by Mrs. ,Gordon. Mr. Lacasa: Second. Mayor Ferre: Seconded by Mr.,Lacasa. Further discussion? Ca11 the roll on itein number.9. The following resolution,was introduced by,Commissioner Gordon,. moved its adoption. who RESOLUTION NO`. 79-656 A, RESOLUTION TRANSFERRING AND REPLACING CERTAIN CERTIFICATES OF CONVENIENCE AND NECESSITY ISSUED UNDER THE PROVISIONS OF CHAPTER 56 OF THE CODE OF. THE CITY OF MIAMI,'FLORIDA.. (Here follows: body of resolution, omitted file in the Office of the City Clerk). here and on, Upon being seconded by Commissioner Lacasa was passedand adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner Armando Lacasa NOES: None ABSENT: Commissioner, (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre the: resolution:: Vice -Mayor J. L. Plummer, Jr. 26. DEFER COt1SIDERAATIOi! OF FIRST READING O DIUAi•]CE PROVIDING FOn A $5.00 FEE FOR REGISTRATION OF FIREA2IS Mayor Ferre: The next one is amending Section 61-1 of the City Code by proiriding for a fee for $5.00 for the registration of firearms to make it unlawful for persons to provide false information in the course of registering firearms. Mrs. Gordon: Where are you? Mayor-Ferre: Item 21. Mr. Jack Alfonso. Jack, before you say something, - let me tell you that there is an ordinance in the books of the City of Miami requiring all citizens to register their firearms. That exists today. 4 191 SEP 2.71W9 Mr. Jack Alfonso: know, sir, Mayor Ferre: And: the question now is whether or not.we''charge $500, for the registration...I mean, as people come in to register, that 'we charge them $5.00. Mr. Alfonso: ' Well, sir, now at the present 'time... for the record, my name is Jack Alfonso. I am the President of Sunshine Security and Detective Agency. I am also'a member of La'Nacion Newspaper... Mayor Ferre: We need your address.; Mr. Alfonso: 3501 S.W. 8th Street. Suite 208. I am also a member of La Nacion Newspaper which I' represent at this moment. And a member'of, the Nation CB'ers Association of Florida, who are against to this amendment. And a member of the Rifle Association of...I-know the fact that you have to register all guns and firearms in the City of Miami but at the moment, when you purchase a gun,or firearm in the City of Miami, it is also at that moment registered with the Public Safety Department. All the gun dealers provide the form, and at that moment they take all the necessary I.D. and register the firearm. So, this is a duplication of the registration. We are covered by Dade County at this moment. But for the record, this service is free. It is conducted free by the...Metro doesn't charge anything for registration of the firearm. And in charging $5.00 for registration of the firearm is the...is a duplication of control that already exists and it is conducted by Metropolitan Dade County. And we see this type of move from the City of Miami, penalize those who live in the City and conduct business in the City of Miami only. For example, my office is 8th and 35th Avenue and my competitor has his office in Ponce DeLeon only a few blocks from me and he doesn't have to comply with that. Mayor Ferre: Jack, let me cut through and make it short. I think you've got a valid point, and I would like to have this item taken off of this agenda. And I would like for the Manager to review this and discuss it with you further and we'll come back from there. O.k.? I move that this matter be deferred for some future date. Move for deferral. Mrs. Gordon: 'AYES:. O.k. The...call the roll please. THEREUPON THE FOREGOING MOTION TO DEFER ITEM NO. 21 Was introduced by Mayor Maurice A. Ferre, and seconded Father Gibson, and was passed and adopted by the following' vote: NOES None ABSENT: Commissioner Armando Lacasa ommissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre Vice -Mayor J. L. Plummer, Jr. 27. DISCUSSION ON PENSION FUHDI:IG; ALTERNATIVE INVEST2f=S (TE,WORA.n.ILY D3FLRRED) Mayor Ferre: Is there anybody else here on any items other than budgetary items that is part of the published Commission agenda that have been waiting to be heard. All right, hearing none, then... :42 SEP 27 197 - . . • • - . • , . Mrs, Gordon: :Can. I- ask the &tanager a.. question, not on the full. but •L'it'•'-.6:-.a•'iiiieation:•. Today • we dealt with the .Kwanza. and the Oitt,Obefe49and the Yilm Festival. ;":,:‘• The Folk Festival hasn't been discussed. Is.** •-• that I•in::the budget? • The:International. Folk Festival. .••• ..•• Mr. ,GrasEiiet-.'I'in sure it •-is, .Corr.:*.ssioner,,because it is eyerY..year.,.- I don't remember exactly the „figure, but I'in sure. that it was In..,ir, • ., was 'Put'iniat' the* figure that it had before. • • ..• Mrs., Gordon: Will you make certain of that? I want to - Mr. Grassie: .* it's budgeted at. the, same figure as we had this year. . .*•-*=" Mrs. Gordon: It is budgeted. Thank you. Mayor Ferre: Would somebody verify that and bring it to Mrs. Gordon for verification. All right... Mr. Grassie: They just...they just did verify it for me. Mayor Ferre: I think, I have the administration gave me a list of the items that are affected, either one way or another in the budget. And they are...if you will write them down, D, then 5, 11, 29, and 30. Those are all the items dealing with this years budget. So, we'll start right with the first one. By the way, for the record I have talked ta Commissioner Plummer this afternoon. He's out of the hospital. He is at home, he has 102 fever, and the doctor has ordered him not to get out of bed under any circumstance. So, he told me there is no way he could make it today but he understood that we had to move and he had no objections to us proceeding with the regular agenda, including the budget. Item D. Mr. Grassie: Mr. Mayor, I'd like to have the Finance Director introduce this subject and put in front of you the policy determination we would recommend to you. Mr. James Gunderson: Mr. Mayor, and members of the Commission, pursuant to the motion that the Cormisison adopted sometime ago, it instructed the... Mayor Ferre: Oh, I'm sorry. Could I interrupt you for a moment? • Because I know Mrs. Rockafellar has .been telling me for the past 3 hours that she had to leave before 6 o'clock. Could I interrupt you and let her make a statement into the record and then she can go? I'm sorry Mrs. Rockafellar, that I forgot. Mrs. Grace Rockafellar: Thank you, Mr. Mayor, I appreciate this. We were really gratified at your appearance at our meeting the other night, Mr. Mayor. And we were tremendously gratified at you pledge in the budget we would have 50 new police officers and the backup support. And the one thing that we've always admired about you, your word is your bond. When you give it to us we know you're going to keep it. So, we'd like to have a motion to that effect tonight, that in the budget will be 50 new police officers and their backup support. Mayor Ferre: Let me...let me be very clear as to what I said. I said that I am stronly in favor of additional...that there be additional 50 policemen on patrol. 0.k.? Now. some of those are new, some of those are transfer. I want to make sure, on the record, that I'm... that it is clearly understood as to what my intentions are. That we will have 50 additional policemen on patrol. Mrs. Rockafellar: How many new police officers? Mayor Ferre: I think the budget has 17 transfers, therefore, there would Mrs. Rockefeller: Well that's a lot better than what we have now. SEP 2 7 1979 / Grassie: But not in one year. Mayor Ferre,: Yes, in one year. Mrs' Rockafellar: What? rre. s asking 1/le is that in one year. I said yes, in one year. That's my position. Mrs. Rockafellar: D•k. Do we need a motion on that to make sure it gets in the budget? .Mayor Ferre: I don't think you need one right now, Mrs. Rockafellar. Mrs. Rockafellar: 0.k. Mr. Mayor, thank you so much. You're greatly appreciated. Mayor Ferre: All right, I'm sorry for the interruption. Mr. Gunderson: Pursuant to the motion the City Commission made directing that the Plan and System Boards get together in a joint session and review the alternatives presented in my memorandum to the City Commission regarding the Pension problem of approximately $5,000,000 increase over the previous year. Those boards met as directed, in joint session and discussed the problems in general, and then met separately and passed in one case, the System Case, passed a memorandum that is in your packet that indicated that they were going not change the actuarial projections. They were going to accept them as written. And they were recommending them to you on that basis. The Plan Board voted 4-3 to request the actuary to come back to the board with recommendations relative to the interest earning assumption possibilities in being able to fund the deficit, or the outstanding gap. But that was not sufficient, it lacked one vote from being the majority, so that is in your packet as well. So the status of the 2 boards, as they have now reported to you in the packet, is that there is no change from their prior positions. Staff recommendation to this is that, we have received a letter subsequent to those meetings from the actuary that has indicated, from the actuary, that they are willing to...find it not only possible to change the interest earning assumption to a larger amount, but they find that under the exigencies and the alternatives available, that this would represent a viable approach. So, my recommendation would be to pursue the actuaries recommendation, and ask them to return to the City Commission with the projections necessary in order to meet the gap that is now in existence between what was the amount that we expended in the pension and what they are currently requesting. Mr. Grassie: To summarize, Mr. Mayor, and members of the City Commission, we would recommend two,things to the City Commission. One, that you approve the proposed City Commission policy which limits increases in the cost of pensions, contribution pensions, to 5% per year unless the millage for pensions was taken out of the 10 mill cap. And second, that you authorize us to have actuaries report to you on the ways in which the pension costs can maintained within this policy limit. Mayor Ferre: All right, would you repeat those again for Mrs.. Gordon. They have 2 recommendations, Mrs. Gordon. The Manager is recommending. One, is a 5%...well you go ahead and say it. Mr. Grassie: One is the adoption of the proposed City Commission policy which you have in your packet. It is a one page statement and the gist of that... Mayor Ferre: Where is that? Mr. Grassie: Well, this is a farily large packet, I would say it's about 1/3 of the way back in that packet of materials. But the important point made in that City Commission policy, is that it is your :9 4 SEP 2.7 1979 policy to restrict growth in pension costs to not more than 5% per year, unless the legislature either frees the City from the 10 mill cap, or allows pension costs to be in addition to the 10 mill cap limitation. That would be the policy. In other words, that since the Legislature has restricted us to a 5% growth in our tax income, we are proposing a policy which restricts growth in pensions costs to that same 5%. That's the first item. The second item would be authorization to us to have the actuaries present to you ways in which your costs can be restricted to that 5% growth per year. And that authorization is items 29, and I believe item 29 on your agenda. Mrs. Gordon: I have some problems in that, well first of all, Mr. Grassie, _ your personal pension doesn't fall in under this. Is that correct? Mr. Grassie: That's correct. Mrs. Gordon: But if 1 was mean...I have toask a question because been wondering about this for some time. When you received the City contribution... Mr. Grassie: Mrs. Gordon: Towards your pension, towards your pension,.;the City', contribution towards your pension, isn't"" it, based on the same level is contributed to:the two to the Plan? Mr. Grassie: That is correct. ''And :if it were decreased for t for all the Plans, it would be; decreased';in'my-case:also.' Mrs.- Gordon: Then the question, is ,this The Plan contribution includes a certain.Portion-for tba'Unfuod4dliability. of. the. Plan.. But'you receive` the same proportion for your"own contribution. fromthe City, how can you explain that to me? Mr. Grassie: That is a term.. of employment'. thatthe`City Commission approved through contract when I came to'the City. It's very;. simple, Commissioner. Mrs. Gordon, Well I can.understand the.portion without the unfunded liability but why would you beentitled'to a,payment,that would be equivalent to the regular contribution, -:plus the portion that we fund the unfunded liability. That doesn't make sense. Mr. Grassie: I' can•understandyour;;intent of diverting the discussion from `the basic. point,, but` Commisi soner,: the answer is still the same. The City` Commission on a 5-0.vote, approved that condition of employment when 'I first canoe, to the;,,City. That is the reason. Mrs. Gordon: Was that,ever explained to the Commission at the time that your, contribution from the City was going to be equivalent to the norinal contribution plus the unfunded contribution...the contribution. on the unfunded', liability. I don't believe I never heard that before from you, ' or anybody else. Mr. Grassie: The paragraph was very clear, in writing, and I don't. believe :thatthere's a member of the City Commission that does not understand that' the current contribution includes those 2'elemene . Mrs. Mr. Gordon: For the Plan, yes, Grassie: For everybody. but I meant for you. Mrs. Gordon: Also, the ICMA that handles your pension fun for"`you, doesn,'.t it'limit the contribution that'you.can make' to, it to `$7,500?=; Mr. Grassie: No, that is a Federal'. limitation. Mrs. Gordon: But it isn't it so that you only contribute a 5Ou "to it?, ;95 SEP 2 71979 Mrs Gordon:( Continued);:; To the, ICMA Retirement Coroporation? Mr. Grassie: "`Again, that is a Federal limitation. Mrs: Gordon:, Yes, but are contributing $7,500 or is "that amount' being contributed to them for Your Pension Mx. - Grassie:' Yes. Mrs. Gordon: receiving for Mr Mr Grassie: . Gordon 0.k.` There is still' additional monies that pension beyond that. Isn't 'that a -fact?' That's correct. How much is the additional?` Mr. Grassie: I don't 4 000, $5,000. Mrs. Gordon: Well', Yon are, frankly know but it would probably be ;another: and where is that deposited? rir.. Grassie: That is deposited...I have it in reserve because the limitation of the Federal government is the amount of money that you can deposit°in any one year. And what you have to do is simply stretch this out over a longer period of time to make those deposits. Mrs. Gordon: Well isn't that additional $4,000 tantamount to an increase in salar y if your limited to the $7,500 by Federal Statute. it's"dedicated to the purpose of pension Commissioner 'Mrs Gordon- Well since I read the law and the Federal government says that the maximum deferred compensation plan is 75, I mean...may I ask you a pointed question. Do you pay income tax on that additional amount? Mr. Grassie: No, and I don't spend it either. That's...that is in reserve for contribution to the pension system. Mrs. Gordon: In other; words, you have two pension funds. You have one with ICMA and you have one additional one that you keep somewhere else. Gordon: What do you do with it? Mr. Grassie: As I said, that is in a reserve fund for contribution to the same pension plan. You have to stretch it out because of the Federal law, you cannot contribute more than $7,500 in any one year. Mrs. Gordon: Well stretched out to where, to when? Mr. Grassie: Long enough so that you can comply with the Federal' law. Mrs. :Gordon words, that tax on it. for a point Retirement .0.k. I'm not going to question it any further. Inother is the pension fund...it doesn't...you don't have"pay any It's kept in a reserve and it's money that you are; holding in time where you will then contribute it to the'ICMA"- fund. Is that correct? What you said? . Grassie: You do understand, that all of my contribution is taxed. Mrs. Gordon: Yeah, but again, you're receiving more money, in my opinion, from the City because you're receiving a contribution that has a payment for an unfunded liability which should really go into the Plan to reduce the unfunded liability. And instead it's being a benefit to you, individually, and therefore, you are receiving what amounts to an increase in pay. :96 SEP 2 71979 Mr. Grassie: we are making And to the extent that ;you adopt the "recoimnendation =that to you, that: contribution .to'me will be reduced. Mayor Ferre: Do'you want 'to ask:a question On -that one? . All are there any other questions"from men►bers'-of the Commission at`this- time? If not... Mr. Lacasa Yes I do, Mr. Mayor. I in relation to this proposition. d like to hear from Mr. Parks Mr. Ralph Parks: My name is Ralph Parks. I"represent AFSCME,Council 79. I just want to mention to the Commission that it seems the recommendations, at this time to me, are reversed. I think that the Commission should consider if they are going to consideranything, first of all, to get the money for the actuary, before they commit, themselves to limit the cost to an increase of 5%. Not to limit the cost to an increase of 5%'first, and then get the actuary to tell you how you can do that. I think you should do it the other way around. Get the actuaries remarks first and then see what you want to do with it from then on. Thank you. Mrs. Gordon: Mr. Mayor, Mr. Lacasa: too late, you can finish and -then '"11 talk. I heard what I wanted to hear. 11111111 1111111■1I11111 Mrs. Gordon: I would like to move this item be deferred until we have a full board. When the Chairman of the System Board will be present and with the information that he has available from that Boards point of view, it would be more appropriate. I so move that this item be deferred. That we set a special meeting up for it next week. Mayor Ferre: . A11 right, iu there a second to Mrs. ,.Gordon's ,"notion ;' that this item be deferred for reasons stated? Is there a second? Hearing no second, the motion dies for lack of a second. Mrs. Gordon: Mr. Knox, the is it legal? I would like to ask...Iwant to ask the attorney", a question. propositionthat's beingsuggested to this Commission," Mr. Knox:- .Yes, ma;am.. Mrs.: Gordon: Your answer is yes? Mr. Knox Yes. Mayor Ferre: Allright, before we get into lawyers talking about whether it's legal or not and challenging the City Attorney's statement, we ...we're at this point. There was am motion to defer. That died for lack of a second. Now, I'd like to see if we can move in one direction or -.another and then at that point, we can bring up the discussion. So, Mr. Lacasa, I'll recognize you for the purposes of making a motion. Mr. Lacasa: O.k. My motion will be like this. To accept the Managers recommendation with the provisions that this will not affect any employees presently receiving benefits under the system. In other words, that this cap limitation will not affect any employees presently receiving benefits under this system. Mrs. Gordon: I don't understand your motion. Mr. Lacasa: This is what its acceptable to the union, Rose. Mrs. Gordon: I don't understand your motion though. Mr,. Lacasa: The motion calls for accepting the Managers recommendation as`,'far as.the5%"limitation cap. As long as this does not result in`affecting the benefits of the employees presently receiving benfits under SEP i ;�i- the pension plan. Mrs, Gordon: You mean those who are already retired? Mr. Lacasa: Right. Mrs. Gordon: Yeah, but what you're not realizing, it affects the fund. Mr. Lacasa: In what way? Mrs. Gordon: Listen, let some of the people that you say are in favor of it speak to it but.... Mr. Lacasa: Lets call A. G. Sherman bere. , Mayor Ferre: I'm going to get those people all speak in a moment but now, your statement, your Imotion just for the purposes of getting this • along, would you repeat your motion again? Mr. Lacasa: The 'motion is to accept the Manager's recotnrnen at on as far as the 5% limitation, with the provisions ,that it will not result in affecting the employees presently receiving benefits under the system. • Mayor Ferre: Is there a second to that 111°ti°n? • UNIDENTIFIED SPEAKER: • Could I ask for a point of clarification? Mayor Ferre: In a moment. In a moment.' Mrs.Gordon: Go ahead, I'm just shaking my head in disbelieve. UNIDENTIFIED SPEAKER: He's using the term system. That's a term of art when 're taking about pensions. Is he talking about system and plan, or just systetn. Mayor Ferre: Yes. And the system. Father Gibson: So we can discuss this, I'll second the mot on. Mayor Ferre: All right, now I'll recognize you to speak on the motion. Mr. Don Teems: Mr. Mayor, Don Teems President of the Miami Association of FireFighters. not sure, Mr. Lacasa, you're motion to me was saying all retiree's not all active employees too. That's where I have a problem with your motion. You were addressing people already receiving benefits. Now a present employee is not receiving benefits until he retires. Then he receives the benefits. Mrs. Gordon: That's why I was questioning you, Mr. Lacasa. Mr. Lacasa: This..this changes A. G. then the concept that we were discussing because... Mr. A.G.Sherman: That's what we were talking about. Those who are currently under the benefits, not those who are receiving benefits but under the benefits which they will derive. Mrs. Gordon: All current employees. Mr. Lacasa: That will include those presently working that might retire within 5, 10 2 year whatever. Mr. Teems: yes, Mr. Lacasa, that's the point and I think it's just a misunderstanding but the contract that the City of Miami signed with the Miami Association of FireFighters states that they will not change an ordinance that has a benefit for the firefighters unless the City first sits down and negotiates that change. And then both parties have to agree. Now, we...all right, the way your motion is saying, 1,98 SEP 2 19/9 ' .1.14;".•+=;;Cgia'` is you're saying that retired people are receiviPg:a benefit, therefoe,. they are exempt.- We're not going to touch their _benefit. '-And;I',agre.', . , . Mr. Lacasa: And.. those currently employed that Will .tetirew1.11Also-.. be included. : Will be also included. Mr. Teems: You're saying all current benefits? Mr. LaCasa:. .Will be -also included because they are-notentiellY'reqeiing. Mr. Teems: O.. .• „ ... Mr. Lacasa: Is that clear? Mayor Ferre: Is there further discussion on the motion as clarified? Mrs. Gordon: I'm...I'm not going to be able to vote on that because that motion, in my opinion, has absolutley no validity at all. It says absolutely nothing as far as what you're anticipating that your action would take. And that is to fund the pension fund. Because you would have to have a motion i contrast to that which would make the provisions because...for the funding. I'm saying again you know, haste makes waste and I don't think that this Commission is really clear on what they have to do or not do. I think it is a very, it is a very difficult area to understand and I would say to you that Mr. Plummer could add his expertise from.having been working constantly with the Plan, the System to the discussions. And I certainly would be willing to meet the early part of next week on Tuesday, Wednesday, or Thursday, or any day and invite thel actuaries to come on down and be here for consultation. And then we would be able to make a reasonable decision. Mayor Ferre: Further discussion and statements? Mr. Ron Silver: Thank you Mr. Mayor and members of the Commission. I'm Ron Silver, attorney for the Board of Trustees of the Retirement Plan. Mr. Mayor, and members of the Commission, I blieve that the proposed resolution that you have before you is contrary to the ordinances of the City of Miami and thus not in accordance with the law. _j Mayor Ferre Mr. Knox. ' Mr. Silver: I'll be happy to cite Mr. Knox to the particular sections. As far as the System side is concerned, it would be 41.408, Subsection c, which refers to regular contributions by the City and also on the Plan side, it would be 41.432, Subsections b, c, and d. And that also refers to regular contributions by the City. Those particular sections refer to what the City is responsible to do. And I defy you, defy anyone to look at those ordinances and see where there is any limitation whatsoever in there as to what the City is required to contribute. There is no limitation'whdtsoever. And thus, you know, just a simple reading of the ordinance would indicate that the resolution is out of order and not valid. Mayor Ferre: Mr. Knox. Mr. Grassie: Mr. Mayor... Mayor Ferre: I think that's a' legal question and I think Mr. Knox is the person indicated to address a legal question. ' Mr. Knox: We are checking those codes and provisions right now. Mr. Silver: What's that? 99 SEE Ferret Re...we're going to check the code provisions right now. Mr. Grassie: Mr. Mayor, members of the City Commission, just so that there is any confusion with regard to what we are suggesting to the City Commission, we are not suggesting to you the adoption of an ordinance. What we are suggesting the adoption of a City Commission policy. The City. Commission policy would establish your intent with regard to the guideline that you anticipate our follwoing. Mayor Ferre: All right. So the simple way of solving that, Mr. Lacasa, is for you to insert, provided that the City Attorney rules that it is legal. 0.k. That gives him time to research it properly. - Mrs. Gordon: I would say to you, Mr. Ferre, that it would` be prudent not to act until we know we are acting under the law. So I would suggest that we move along to the budget. Get that behind us. By that time the attorney will have had time to consider his thoughts on the subject and then we can come back to it. Mayor Ferre: Mr. Knox, do you think that you could give us a legal ruling today, or would we be better off as I've just stated saying provided it's within the purvue of the Commission to do this under the Charter and that you will then give us a legal interrpretation in the future. Mr. Knox: I would prefer, unlesstime is of the essence, that we would have timeto prepare a legal opinion regarding the questions... Mrs. Gordon: Why, is time of the essence. Why is it absolutely of the essence that you have something that might be illegal on the table, and what is..what is the big rush. Why don't you speak to the issue of the big rush. Mayor Ferre: Mr. Grassie. Mr. Grassie: Commissioners, Mr. Mayor, what we are trying to do is provide the City Commission with a policy alternative which is reasonable. What we are suggesting is a process which has at least 2 or 3 steps in it. .The first step we are suggesting is that you indicate what your intent is. To us and also the actuaries. And the intent that we are recommending is the 5% growth limitation. Now assuming that you take that first step, it seems to me that Commissioner Lacasa has recommended a second policy position that you adopt, and that it is that it is your desire that no present employees, and that would include, I presume, retired employees who are beneficaries of the Plan, that no present employee be reduced in their benefits. Now those are 2 policy positions. One that we are recommending and another that Commissioner Lacasa has recommended that you could adopt separately. If you do that, and then you authorize us to go to the actuaries, the actuaries will tell us whether or not your 5% goal is one that we can achieve, whether it is a reasonable one, and if not, how close we can come. Now, in order to get that process started, we need a policy position from you and that is why we are asking for this step. We are not asking you to adopt an ordinance that establishes this as law, but rather we are asking you to set the parameters which will create a budget for this City. And we need. the actuaries report as part of that process. Mrs. Gordon: Mr. Grassie, I would strongly urge that we hear the presentation on the budget before we even set a policy decision on this matter. And I don't know why you don't want to at least hear the budget presentation at this time. Mr. Michael Canar: I'd like to point out that probably the reason... Mayor Ferre: Your name and address for the record. Mr. Caner: My name is Michael Canar, I'm the geneal council for Florida AFSCME. I'm here representing Local 1907 and I would like to ask the City Manager, if in fact, his 5% proposal is not already in the budget? 100 SEP 2 7 1979 Mr. Grassie: If the intent of your question is to ask whether or not the budget has been constructed on the assumption that pensioncosts will increase 5%, the answer is yes. Mr. Canar: So you are trying to do something here which you already have in the budget? Mrs. Gordon: That's right. Mr. Grassie: I don't think you understand the problem, sir. Mr. Canar: I understand the problem. Mr. Grassie: The budget Process is one in which the City Commission participates actively. We have discussed this particular 5% element as a growth element for pension costs many times, including in public hearings, so it is not a surprise to anyone. Except possibly you. Mrs. Gordon: That's a difference of opinion on that, Mr. Grassie. b I'll also note that the 5% that you're referring to supposed to e I think estimated on the certified millage also, isn't that so? 0n the certified, not on the•Ione that you are recommending the 10 m3.11? Certified is 9.3 something or other? Mrs. Gordon: I understand you question Commissioner, you're moving from the question of pensions to the question... Mrs. Gordon: Yeah, I know, budget. On the budget. The 5% Mr. Grassie: of pensions to the question of the >tax millage and what the basis ,...well one of the things that we want to do, and we have to do it in some detail when we get -to item 5, is to explain specifically what the state law is in that regard. Mrs. Gordon: Lets go to number 6 and then we'll all be clear. Maybe we'll be clear about taking a policy position on this item. Mr. Grassie: We need to be clear that it doesn't have any necesisary relationship, you junderstand. Mrs. Gordon: Not necessary perhaps, but there is a relationship. )layor Ferre: We have a motion and a second on the floor and I will see if anybody else wants to speak to it. Mr. Canar: I Would also just like to state and ask Mr. Knox. Mr. Knox, is there a City ordinance which says 'that the City must fund what the actuarial report says if they accept . Mr. Knox: 'If they accept it? Mr. Canar: Yes. Mr. Knox: Yes, sir. Mr. Canar: Have you accepted the actuarial report. • , Mr. Knox: Well consistent vith your duty to make the funding the pension actuarily soundpursuant to State Law. Mr. Canar: Then in fact, the ordinance says the City has to fund as accepted, the actuarial report. Isn't that correct? Mr. Knox: Well they don't...they are not required to accept an actuarial report. But if they accept the report as reflective of the need for that amount of funding for the pension then, of course, they would be bound by that. Their own determination. • 101 sEp Mr. Canar: Mr. Knox? Mr'. Knox: Mr. Grassie: as the City accepted don't know. r. Mayor ,this. Mr. Caner: Maybe Mr. the actuarial report. Mr. Grassie: Mrs. Gordon: of you. . Grassie: Mrs. Gordon: you know. Grassie is person the actuarial, report? Yes or no, knows.-- . Grassie has the City accepted trying to act as if he's an attorne I'm .`asking the; question. I'm asking the question, ini"court. r. Grassie, I'm addressing the Mayor,' Commissioner. I'm addres$ing you, Mr. Grassie, and you work for me too, Mayor Ferre: Mrs. Gordon, I know you like to do these things but right now I think it would be much better if we go about this in a civilized manner. And that is to let one person at a time to respond. Now the Chairman has the right to run a meeting and I'm trying to do it in an orderly fashion. He's asked a question and I will ask you, in the future to address your question to the Chair. And I will now refer the question. And Mr. Grassie, you can continue answering, if you would please. ?r. Caner:' Mr. Mayor, I don't mean to be disrespectful, but I would like to know whether the City has or has not accepted the actuarial reports because if they haven't then how can the City act? Then they are acting arbitrarily on no basis whatsoever. Now either their is an actuarial report or there isn't and if there is, and either the City accepts it or they don't. And if they don't, why do they not accept it and how can they act? Mayor Ferre: Mr. Grassie, would you answer that question or Mr. Knox depending as to whether or not this has legal implications. Mr. Grassie: Mr. Mayor, as I understand the question, we need to -lay this predicate so the answers are full and understandable. The City Commission has a prerogative of not only accepting an actuarial study, but it also has the prerogative of establishing the basic policy which forms the basis for that actuarial study in terms of some of the assumptions which are not either legal or actuarial assumptions but are policy assumptions having to do with the way in which the system is going to be managed. Now, what we are suggesting here is a two step process which will, in fact, produce for the City Commission some results from actuaries which will present to you alternatives. Which will present to you enough information so that, in fact, you will be able to approve an actuarial report once you have understood the alternatives. All we are trying to do is to get those alternatives in front of you. The actuary has to have some indication of what your intention is -so that they can develop some alternatives for you. Let me give you an example. If the City has no preferences with regard to how much a pension system costs, an actuary can assume that you are for example, going to pay off all the unfunded liability in a period of 5 years. That obviously has a very dramatic impact on the contribution the City would have to make. The City Commission has in the past exercised is prerogative of establishing policy with regard to such things as the period over which the unfunded liability amertized. What we are suggesting to you is that the actuaries develop for you further alternatives which will come to you and so that you can make a choice. Now, once those things have happened, and once you have made a choice, you will be in a position to approve and accept an actuarial report and once you do that, we will of course reflect that decision in funding in the budget. 162 SEP 2 7 1979 Mr. Canar: Mayor Ferret n: Mr. Canar: Itis my understanding that the City has 2 Pension Boards. As they` have in other areas boards which they defer to. And it is upon the recommendations of those boards, or it is upon the findings o those boards that imput is made to the Commission for them to act. And if they...and if the Commission should act in a manner that is not consistent with the boards who are their people for investigative purposes, they are then acting in an unreasonable and an arbitrary manner. And it is also my understanding that both Pension Boards when this issue was brought before them, declined to do what the City Manager is asking. They asked the Pension Boards, the Pension Boards denied it. They are now coming before the City Commission with a total arbitrary request. With no backing, certainly not the backing of the Pension Boards themselves. And if the Commission were to act without any further input, they would simply be doing an arbitrary act with no facts to which to base a reasonable action. Mayor Ferre: I. assume you disagree with that, Mr. Grassie? Mr. Grassie: Yes, Mr. Mayor. As a matter of fact, it's difficult to respond because it's difficult to understand how Mr. Canar could come to that position. We do have, for example,a letter from one of the City's actuaries dated September llth, which indicates the kinds of reviews and analyses of the actuarial assumptions we are suggesting be made, are very possible. That, in fact, this can" be done. And, in fact, in their estimation, if nothing else than the investment return assumption were analyzed, that it could have a dramatic impact?. on the financial liability of the City. So they are saying to us that this is very possible and I fail to understand the conment. Mayor Ferr: Mr. Knox, do you have any legal problems with the motion that has been made with the provisios that have, been included in it? Mr. Knox: No, sir. It appears that in as much as the City of Miami. funds which." are 'being'usedto fund"pensions"and is pursuant to' legislation that only the City Commission "of the "'City ''of Miami has the power to adopt, that the City Com:nission, in its wisdom nay follow recommendations made by actuaries independent of the various boards, if you shouldchoose to do so. Mayor Ferre: And in effect, what we are doing is we are making a motion;; here that then takes us one step closer to that...to having the actuarial study made and: then our finalizing our position at that time. Mr. Grassie: What we would recommend is that you approve the Commission policy as it is presented to you. Obviously that's something you can change at anytime, if you wish. That you approve that as an indication to actuaries of what you would like to acheive. We then engage the actuaries and have them tell us 'whether that, in fact, is acheivable within the constraints of your policy. Mayor Ferre: All Mr. Canar: I...he made the statement Does the City have an actuary?'"" Mr. Grassie: Mr. Canar,;I believe that you know the answer to that. The actuaries of whom we speak work in one case, for the Plan and in the other case, for the System. The City Commission, at its meeting before last, authorized the direct payment to one of these actuaries to,. do a study for the City Commission. Now in the sense that we have. engaged the same actuary that, in this case, happens to work for the Plan, yes, the City has an actuary. But I believe that you know that they both work for the retirement boards. 103 SEP2"{19/9 o Mr:' Canar • So what you 'are saying`<is these are...this,"is contravention. to the actuarial reports which were already given to the fund and -`to Mayor Terre:, ;I didn't hear him say that at all. Did you say that? Mr. Grassie: Again, I'm at a little bit of a loss as to'"how Mr. Canar..: Mr. Canar: Well what you're saying is you went out'andhired one. of the;actuarials to-come'up with the figures,you'wanted. Is that what you're saying? Mr. Grassie: `Mr. Canar, I, don't know what view you have of attorneys but.i don't view that actuaries can be bought and`.hired'to come up with the figures that we"want. In fact,.theyoperate:asprofessionals, and .they will tell us.in their professional opinion what` they believe. And 1 believe that their,professional reputation is more important to them than this fee. Mr. Canar: Do you;have'an actuary that has said that 5% is a legitimate: figure?;Or is tha"t-a' figure_ you.picked out Of -the air? Mr Grassie: Well Mr,. Chairman, he's "choosing .to -cross examine m Iiwill._.respond-if, 'you wish.. Mayor Ferre:' Why don't r. Grassie: Mr: Canar -I believe that you know, you're astute, you did understand what I;suggested to the City Commission and that was that they adopt a policy and that then we go to the actuaries and ask the actuaries to• ' determine;' for the City Commission, to present them with the results, of their professional evaluation, to determine whether that policy," in fact, can be put into effect following professional actuarial standards. Obviously, if I had the study, I would'nt have to ask for it. What we are trying to do is to get the study made to see whether the City Commission has an intelligent alternative. Mr. Canar: I'm not arguing as much with the City going out and getting an actuarial report which is reasonable. They have to have something to base a reasonable action on. What I am arguing about is this 5% policy which you seem to have come up with which is not in an actuarial report, which is different from an actuarial report of the pension boards, different from an actuarial report which the City already accepted and has the liability to fund. Mayor Ferre: That is the 5th time you've asked the same question and as..I count it you've gotten 5 answers that are exactly the same. And I think that's sufficient. Is there any other questions? `Mrs:.':Gordon: Mr. Knox, Mr. Knox. Is any member of this Commission allowing theiaselves to be liable under a law suit that might be passed if this is passed, at'this time. -Mr. Knox: I don't believe so, Mrs. Gordon. Father Gibson: ',want to say this Mrs. Gordon:. Excuse m 1' don't believe so. you know... I want to get an answer that's more than Mr. Knox: I can only render my opinion, Mrs. Gordon. Mrs. Gordon: 0.k. And in the event that should take place, and if it did, in fact, because of the adoption of what be an illegal act under the law of the State of Florida, which I understand has made provisions for pension funds including public pension funds, to be actuarially sound. And these motions are being based the Manager's assumptions apparently, 104 S E P 2 71979 and the Finance Directors, but not actuarial assumptions, ,.I'masking you what is the position that a member of this board would have if such a suit were filed? Mr. Knox: As I understand the matter that's before the City Commission, you're being asked to adopt a motion of intent, or a motion expressing your will or opinion concerning a matter about which there will be further investigation. As such, there is not a legislative act, it's merely an informal expression of your will or opinion. So that even if; consequently there was some illegality associated with it, it would not be based upon a legislative act. Mrs. Gordon: A letter of...a motion of intent then for clarification . again, would that be binding from the standpoint, would it provide any;; kind of a we11...I don't want to use the word loophole but I can't think of any word-that'would fit the situation better... Mr. Knox: Mrs. Gordon: From the law which becomes effective on Octobers. Mr. Knox:,. A? motion of intent .is merely.'an informal expression of absolutely unenforceable and it is the will or opinion of the ''City ;'Commission. Mrs. Gordon: O.k. Then to you Mr. Grassie, for further clarification everything that has been said, would you tell me,the 5% that you are' recommending upon what basis, upon whose recommendation, on what actuarial assumption have you relied in order tomake that recommendation to this body? Mr. Grassie: on the recommendation of. the State Legislature. The Florida State Legislature has imposed on the City the requirement' that we maintain our property tax increases within 5% of the previous years election. Mrs. Gordon: We're dealing "rwith pension. ` Mr. Grassie: What we are suggesting to the City Commission, and please keep in mind that what, we are suggesting is a City Commission policy statement. A City Commission'' policy. What we are suggesting to the City Commission is that it' be your policy that we maintain the increase in pension costs at not more than what the State Legislature allows us to increase ourproperty tax. receipts. It is simply a policy, Commissioner, it is not a law that we're suggesting to you. Mrs. Gordon: All right. I understand what you're driving at and I need to get further information because I': have to cast a vote. O.k? Your basing...you're making a recommendation to this Commission based on a law which deals with the collection ofproperty taxes. But it has nothing directly relating it to the pension funds. The pension fund, in my .` understanding, must be funded actuarially sound. And that has to be made;. by assumptions made by an actuary and not by somebody who feels that this is the way that this Commission ought to go because of some other reasons. unrelated to the pension fund. Mr. Grassie: I believejCommissioner, the first part of your statementwas correct but not the second. When you say that all of the assumptions have, to be made by the actuary, that is not factually correct. As a matter of fact, the pension boards do establish the parameters, many of. the assumptions, and you approve as part of that board, you approve the assumptions which are used by the actuary. That is your function. Mrs. Gordon; Yeah, but they are experts, I'm not. We rely on expertise. Mr. Crassie: I'm talking about the pension board, Commissioner. The boards. The boards You and the employees, you know. Now that group of people established many of the assumptions. A11 we are suggesting to you as the ultimate responsible body is that the City Commission adopt a policy, and then ask of the actuaries, because remember our recommendation has two parts. One is that you adopt the policy. The other is that you 105 SEP 2 7 11/9 you ask'?. the actuaries to -test the posposition to `see, whether; t'is reasonable.` In' other words, all we want, to do is to get a'professiona opinion as 'to whether or not this policy position is:.reasonable. Mrs. Gordon: You wouldn't have to have done that months ago. Mk. Grassie: Well I don't believe that that's true, Commisison because we do have a System Plan Board...a System Board, and a Plan Board that are in place and that have a responsibility in this area. Now, we have worked with those 2 boards, they have given their opinion, as they see fit. The question is up to the City Commission now as the ultimate authority in this area, under State law, and what we are asking you as the City Commission, is to take a fiscal policy position which is different than the position taken by the boards. Mrs. Gordon: I'm telling you that if you had come to this table and said to us, that I, we the City need to engage acutaries ourselves, and have assumptions made that will keep the fund actuarilly sound, and that the results of that investigation by those actuaries came up with what-youare recommending to this Commission; to adopt, I wouldhave to say you, are correct. But you haven't done that. You haven't done, that. You haven't proven anything. You're just saying this is what I. would li'..e" to have done but you haveno assumptions from any expertise, any experts in the field to go on. Mr.. Grassie: But I'm askingfor very„'simply, Commissioner, is ,permission to go and.get,those. .1 don't not...because of the work of -the boards,'I-do.:no t have the standing -to go directly to the actuaries without.your policy position having been expressed. And what I'm asking, for is your policypos1tion.`so-Ican do exactly what you're suggesting. ButI 'couldn't have -done it sooner. Mrs. Gordon: You're not understanding me. You're not understanding me. Tell me if I'm wrong. I believe that if you, recommend to the City Commission that they engage actuaries to study those plans and that system, that those results that are given to you would be a basis for an expert opinion. 0.k. What you're saying is that you don't feel you have a right, and you don't, to go to the actuaries who have been engaged by those boards and direct them to come back and give you answers you want to have. Because that's one of the problems that we face today. And the reason we're here today with a big problem is because in years past the actuaries, not themes that we have now, have been told we have x number of dollars, now give us the actuarial assumptions that we should have so that we can fund with that much money. Now I blieve that that has been a procedure in the past. The Statd law now mandates that that kind of procedure is illegal. And it should not be taken by any public body. Mr. Grassie: But Commissioner, the actuaries are aware of the State law and I don't believe that they are going to suggest anything which is illegal. And all we are suggesting to you is that we get a professional opinion. Mr. Silver: Mr. Mayor, again, attorney for the Trustees. I don't think any of us can disagree that this Commission can adopt whatever policy it wants. It can..you know, it can adopt whatever ordinances'it wants. There's no disagreement there. But I think... Mayor Ferre: We're not doing either or those with Mr. Silver: Well you know, you're being asked to adopt policy. That is what the Manager has just stated. But I think the policy that you want to adopt is one that is consistent, at least, with what is provided for in your own ordinances. And you know, Mr. Knox gave the answer to a question before and the City Manager has referred to this also. If_. the actuary comes back with a certain amount that is required and we're going to assume that the actuary is a professional person and he's going to come back with this, and'if that amount is in excess of the of the 5%, that is what the City is going to be required to put into the fund. Now what Joe is trying to do is adopt a policy which limits 106 SEP 2 7 19/9 it in some way; to 5% although the actuary may come back and say the fund needs more than 5%. Now that is inconsistent with what is required by the` ordinances. Even Mr. Knox just said that and Mr. Grassie has said that. You've got to oome up with what...do you disagree Joe with that statement, that you have to come up, with what the actuary says has to make the fund actuarily sound? Mr. Mayor Eerre: If I may, Mr. Chairman. Mr. Grassie: Ron, if the import of your statement to the City Commission something which 1 have stated is impossible or illegal, you know, obviously the answer is no. Now what I have suggested to them is a 2 step process. One which is establishes their intent. Their policy. and second that they get the professional alternatives in front of them to determine whether or not the policy which they have given to the actuary, in fact, is reasonable and can be put into practice. Now, I feel confident that within that process there is the possiblity can find no reasonable way of achieving no the goal that,we have laid out, that they will say so. And at that point, the City Commission has the opportunity to change their policy. Mr. Silver: But what will be better, and "I just ask this as a matter of general knowledge, would it not be better to find out if you can do this first, before, adopting it as a policy statement. It seems to me that if you ask the actuary or legal counsel of.the City,,whether or not you can impose a limitation, then you go and impose a policy statement as far as what that limitation is going to be.. But Ithink the prudent course to be, would be to follow...and"find out if you can do what you are attempting to do. Father Gibson: Let me ask you this sir.. Mr. Silver: On a general basis. Father Gibson: ;'I want to ask you this, counsel. You. know, I; get rather disturbed sometimes when people talk about lack of communication. 0.k.? I want to Pledge to everybody that I am not the professional. They are. If it is recommended that we set a policy at 5% and when we go to the actuary and the actuary says, that's wrong, it's illegal, I promise everybody here now I'd be the first to turn around and turn about. Now look...look wait a minute man. You know you all make me... wait, wait. Let me talk. I haven't said a done gone word and I think I have a right to say...speak my piece. O.k. You know I get very provoked when I see you all come in here and everybody wants to tell us what to do and we don't have any rights. Now, I'm expressing myself. When the vote time comes all I can do is cast my vote. 0.k.? Now I want to make sure everybody understand. It has been suggested that we adopt a policy. I want to tell everybody that if the policy suggested that if the policy suggested is in violation of the law, I will be the first one to change my mind. My life is consistent. I've said to people when I don't like them...I'don't like the law I don't violate. I work to change it. You as a lawyer ought to know about me. It's crystel clear in the record. And I' just resent bitterly having people not wanting to express myself. And I must take just what they say. T have a perfect right as a citizen and as a free individual and I'm not tied or locked to anybody. And I am prepared to go the route. Let the man tell me 7'm right or tell me I'm worng. If he tells me I'm wrong...T'11 tell you what, I'Il be among the first, the record is clear, to change my mind. Now, you know I get very provoked when people want to limit my ability to express myself. O.k. now. Don't lets be enemies. Lets be friends like we always have been. Mr. Silver: Again, I feel somewhat of a responsibility to all of you to inform you of what I perceive the law to be so that, you know,`. you come back to me later on and say, why didn't, you tell me about that before. 107 SEP 2 7 1979 Father Mayor Ferre: Again, Mr. City_ Attorney,;the motion that i is it- legalfor us to vote on it or 'is it illegal. Mt. Knox: It appears that of an actuary to determine an ,actuarialy sound manner by.5%.. That appears to be which you can express your you can ask the actuaries. you are being asked to express...to request:; whether or not pension can be funded in - if the contributions are increased annually' a legitimate question. A -question about,. will or opinion and a question about which_ Mayor Ferre: If the,actuarial...if you come back and -say that what the actuarial study says, and this motion is illegal because it' violates the code numbers that they read, is' this Commission...' is Father Gibson entitled to change its position to make it legal,? Mayor Ferre: Well then that's obvious isn't it. And Nr. Grassie when the actuarial returns andit shows something different than any assumptions, then obvious].y we'll have'. to deal with that at the time, won' t'we? M Mayor Ferre: at this time? Mrs. Gordon: Yeah, question. to Mr. Grassie relative what it wouldcost for the City then to engage t:iese whether or not you have that money budgeted for that 11 be the first to recommend that you change it. s. there anything else to be discussed on this motion, to actuaries and actuaries and purpose. Mr. Grassie: We do not have the money budgeted at this What we would have to do is take if from the Contingent Mrs. Gordon: And what do you think it will cost? point, fund. Commissioner. Mrs. Grassie:, I would ,have to make an estimation for you, but I in viewof that .fact that they �have;done a."lot of work on;�our'Planand ". System.. Mrs.. Gordon: Who? Mr. Grassie The actuaries. Mrs. Gordon: Which actuaries? Mr Grassie: e actuaries of the Plan and the System., Mrs . ' Gordon: Well there's two separate ones. One works for the Plan, one: works for the System. They're not the same people. :Mr. Grassie: But they 'each on their own, have done significant work .'and we would anticipate, probably if they are available to do. the work, that we would work with those actuaries. And I would think that the additional work that they would have to do would be relatively modest. I' am guessing but I would think it would be less than $10,000 per actuary. Mrs. Gordon: In other words, about $20,000? Mr. Grassie: I would estimate. Mrs. Gordon: Well I'm also curious because before when we talked about the budget for the Fire Departinent, you indicated that the $100,000 was so critical that it might cause..,might cause some layoffs. And now 108 SEP 2 71979 we're going to spend an additional $20,000 which is 1/5th of that amount you know, without any qualms when we already have had actuarial studies by the same actuaries that you wish to now pay some more money too Mayor Ferre::yes,:. that theory. want. Mr. Grassie.to explain the rational behind Mr. Grassie:• It's very simple, Commissioner. That investment of $20,000.' could save you a $5,000,000 that you have this point have no money for. Mrs."Gordon: But Mr. Grassie, I just .don't .have understand how you couldpay the same people`that made these actuarial assumptions could be told to make: some other assumptions other than..';I mean, that certainly` doesn't.'seem`to Me to be the right thing for them or for you to• do. Father 'Gibson: r. Mayor, ]: want to make an observation.' Mayor Ferre: Father Gibson. Father Gibson: One of. the dangers of keeping around isthey remember. My mother taught me that, and may she rest in peace. All people staying around alwaysrenember the past when people who come on the scene conveniently want to forget. Or either people who remain on the scene purposefully. forget. I want to rehash two things. I remember. so well, shortly after I got on this Commission.` We, had one hell of a fight up here, and I remember you counsel, with Southeast First National Bank. I heard the argument earlier this afternoon that you shouldn't have no stocks. You ought to have all bonds. You know. and I remember man, how we fought whether Atlanta ought to have the stocks or whether Chicago ought to have the bond, or whether New York ought to have the bonds. I remember that. Ycu remember that? Remember that incident? O.k. 1 shall never forget what happened up here. Nobody at that time, I think I'm right, I may be wrong. We wanted to move this busi•_less out of the political arena. And everybody was saying, we could do it better. So we did what you said. Now every year literally, every year, there is this fight and this argument. O.k. Now, let me say what Theodore Gibson thinkshe interprete:,from what I continua_.ly hear. My bretheren, I'm a part of a pension system. One of the best in the world. Whenever the Rockafellars and those fellows do it, you could be assured it's right. And the Episcopalians are known to be handlers of money, o.k.? You seldom, you seldom find the clergy being the...what's that mans name? The actuary. You seldom find the clergy being the actuary. And we are the guys who are in the pension system. And you know what? We don't give away...that is in the;Episcopal.Church Pension System, you don't give away the guys who are involved pay the bills. What I every so often hear is somepeople,. don't want to pay their fair share and some people would rather get it all. Now, I'm not accusing anybody but I just want everybody to understand that because I sat up here all afternoon not saying nothing, don't think I'm a fool, and that I don't understand some A.B.C's o.k.? I'll rehearse 2 incidents and I don't want you to think I don't understand. One final comment. I've said to all of you before, maybe a lot of people are here tonight who haven't been there before, that I went to law school for one day. That was one of the greatest experiences I've ever had. 0.k.? Be careful when you come up here agruing, trying to deny me of expressing myself." And note, I, J. L. Plummer isn't here, but one of the things he taught me shortly after I got here was that I could have all of my own thoughts. Any other lawyer could advise me, and you know you'use to be on the staff. You said, but I pay with the taxpayers money that man to tell me. Therefore, if 1 go wrong I go wrong at his recommendation and suggestion. And i.f.I fail to follow, just what you used to say when you used to be over there, if I fail to follow...what did you used to say? I suffer the consequences. 0.k. I trust, I put mine on the table. I don't have no hidden agenda, I don't have nothing in the closet. I have opened up my soul. I'm ready to vote. SEP z iyiy p Mr. Teems: Mr. Mayor, can I say one thing? Can.I make one comment? I wasn't able''to before. Mayor.Ferre: Yes, sure Mr. Don Teems Don Teems, President of the MiamiAssociation of Fire Fighters. Father, you're right. I remember the fight too with Southeast First National Bank. In fact, if I remember' in that year we went to a 35 year funding for one year. Then we were going to go back to 20 years according to this Commission. We never did. So, I remember a few things too. And I know that you're not dumb, I know that you're not stupid. 'I above everybody know that. I know that you understand. And you've got two actuarial studies presented at two boards set up by this Commission, that have told you what it's going to cost to fund that system and fund the benefits for the employees and the retirees. Now because the administration doesn't like what they found, they want to get a third opinion. And then they want to tell this third opinion you're capped at 5%. Now make it work. And that's what you're doing. Just back when we started to fight before, when the boards were split up before on exactly what was happening with the actuaries at that time, and what created a -tremendous unfunded liability you have now. And in fact, in the Systems side cost you $6,000,000 a year to try to pay back. Now you want to go right back to the same thing again. The only thing is it's a different administration trying the same ball fame. That's all. Father Gibson: Let me make this comment. I would not be adverse...so that everybody knows I' mean business, I would not be adverse to raising the dame question and I have no objection to asking the third person. You remember the fight we had...where's that doctor I say? Wait, a.minute. Doctor, come uphere to the mike. You remember that hell of a fight we hadaround here about where the money was? Which one, sir? Father Gibson: Well you know the one. You know the one I'm talking about. I happen to have been the Commissioner who came up in the nick of time, atthe opportune time and said lets get the third impartial somebody. You remember that? Everybody lauded me and praised me. Mr. Teems, you remember that? They thought I was great. I have no objection with the third man. And `look, '1 would hope that when the letter is written to the actuary that we don't circumscribe but we ask for latitude. You see, that's a difference. If I said only, I want to be able to say, this is what we are recommending. Are we right, are we wrong? Is it practical, is it workable? 0.k.? I can then move when I'm intelligently informed. As it is now I'm taking your position. I'm taking Mr. Grassie's position. If the third somebody tells me, then I know where to go. Dr. Marshall Barry: Father, history has proven you right on that decision. I remember when I was working in the City of Miami, it its finances in the early 70's. I believe 72, somewhere in that area. In looking over the pension letters, I found a letter from the then City Manager to the actuarial group studying the Pension Plan, in which it was said, and I paraphrase, I have it at home because I use it to lecture from when I speak at universities around the country on urban finance. I said,"I know you have to do your study according to the trade that you're in and the science, but I want to let you know that if you say the bottom line is more than $700,000, we'll be financially broke." And along came a study with a certain set of actuarial statistics in it that said $700,000. Father Gibson: I'll tell you know, if I ever find a letter like that while I'm up here, I want you to hear this. I want Mr. Grassie to hear it. If I ever find a letter like that while I'm up here, I'll take the appropriate action. I want to be intelligent, knowledgeable and I don't want no strings attached to the knowledge that I get. Mr. Ed Jaremko: My name is Ed Jaremko. I'm a member of the Retirement 110 SEP 2 7 1979 System Board and I want'to point out that the two motions maybe diametrically opposed to one another. If it's the intent of the City Commission to to reduce benefits for the employees, the proper course of action would be to get the actuarial figures for that purpose. Not to base your whole budget predicated on an arbitrary figure. What's happening here, we are taking a cap and saying this is what we have. In effect, the same situation occurs. Only the letter is not here. But the situation is. We have place a cap. The City Finance Director, the City Manager has said, we have x amount of dollars for pension purposes. Lets make it work. Well the way we made it work in those days is to increase the unfunded_ liability. This...and 2/3 of the unfunded liability has been caused by inaccurate assumptions. What you're attempting to do here today is to paint over the numbers of thermomoter to mask a fever. You should start with the actuary and then.base your budget from that point on. You're whole...you'regoing to discuss the budget this afternoon and there is going to be a $5,000,000 hole in there...$5,000,000 difference. How can you intelligently discussthat_budget not knowing what the facts are? Mayor Ferre: Next speaker. Mr. A. F. Sherman: My naine is A. G. Sherman. I'm President of AFSCME Local 1907. I'd liketo ask Mr. Lacasa to amend his motion based upon a presentation of Mrs. Ann Harris who is a member of ,the Plan Board. At this time I'd like to recognize Ms. Harris. Mayor Ferre: The -Chair will recognize Ms. Harris. Ms. Harris: Plan. Mrs. Thank you, sir. I'm a taxpayer. and `a member of the Pension Gordon:`' Ann, pick the . -microphone up closer. Ms. Harris: I'm a taxpayer in Miami and a member of the Pension Plan. And we.don 't;'agree. . We have a disagreement here. You all are talking about one thing. To get us a little bit closer together, I'd like to suggest something for the motion, if I might. They referred to the two actuarial studies already. The administration when to our actuary and got some additional figures. It was discussed openly at our meeting. And there is a little phrasein here, a sentence if I may read it. It says, "Since it is not possible to exa6tly predict those future events, there exists a range of assumptions which would result in reasonable prediction. Some more conservative than others. Ms. Harris: Some moreconservative than others. It's all based on somebody's guestimate of what will happen. Now, if the administration would, and Commissioner Lacasa could see his way clear to limit this...not go out and have another actuarial study, we've been studied to death, we know what it is, but if we just would'talk about assumptions and if you could include that in your motion, I believe we could accomplish what we want, and the administration of the Commission might be able to go along with that. What I'm asking Commissioner Lacasa is, if you could see your way clear to limit the 5% in dealing with assumptions. Now if the actuary could come up with that figure, I don't think the members would have any 'problem with that. Mr. Lacasa: O.k. I'don'tbelieve that we are far apart in what we are pursuing; here. And 1-do believe that my motion encompasses the purposes of both the administration and the protection of the employees. We have two different situations here. On one hand, we have to acknowledge the fact that the Pension Plan in the City of Miami as well as in any other municipality creates a tremendous burden on the budget. And this is true in Miami as well as this was true in New York, and this is true every place else. Therefore, from that standpoint of view, this Commission has a responsibility 'to anticipate this type of situation. And if we are to keep' a heallthy City from a financial standpoint of view, we have to 111 SEP 'i 1919 r realize, both everybodytogether, that this is a fact of life. Now, on the other hand, I have made myself very clear that I do believe that the. City has a responsibility towards the employees. Both kinds. Those who are already retired, and those who are already here working, and willbe retiring. Those have, from my standpoint of view, a vested right...an interest. And when they got on the City payroll, they acquired certain rights and we should respect those rights. Therefore, my motion wishes to accept apriori the 5% cap with the provision that this will not result in`adversley affecting the rights of these employees who are already retired or who are working and eventually will be retiring. I feel it _____.__a______ the purposes. Now, as far as I am concerned, we have a budget to deal with. And that budget has to be dealt with based on certain assumptions.' So that is the reason why at this particular point, and in view of the fact that we do have to deal with that reality,`. I am accepting this 5% and calling for the actuary report. Ms. Harris: If I, may, I accept what you said, and'I don't disagree I'm suggesting that if they go back to the actuary, you know, there's reams of paper that:comes,from these actuaries. It.deals .with every facet of the Plan and the System. If...if you could limit that to, just viewing with the assumptions, and that's, what the City's contribution.. is based on, a series of assumptions, rather than dealing with the change of benefits. Mayor Ferre: All right,thank you very much, MS.Harris. Are there further `�statements ;�to be made` here? All right,counselor. But Mr. Eddie Gong: My name is Eddie Gong, attorney for the. Board of Trustees of the System, 8585, Sunset Drive, Miami. Mr. Mayor, Father Gibsonmentioned something about'remembering. . AT THIS POINT, THE CITY COMMISSION TEMPORARILY ADJOURNED THE REGULAR PORTION OF THE MEETING AND TOOK UP THE DEFERRAL OF THE PLANNING AND ZONING MEETING 28. RESCJEDULING 'ME REGULAR AGEI?DA OF OCTOzE R 11, 1979 AND TEE PLANNING AIM ZOIIFIG A_GE?'.DA OF SEPTET BE^ 27, 1979 BOTH TO TLIC PLACE ON OCTOBER 15, 1979 Mayor Ferre: Eddie, excuse the interruption. There seems to be a lot of people asking if we are going to get to the Planning and Zoning agenda tonight. Mr. Grassie, it is my guess that we will be here 3, maybe 4 hours on the budget items that we haven't even begun. And I don't see how in the world we're going to be able to get to the zoning items. What time was the zoning items scheduled for? Grassie: 7 o'clock, Mr. Mayor. Mayor Ferre: 7 o'clock. I don't think it's humanly possible for us to deal with the zoning., We will not come...these zoning matters...we'll be on this budget for. 3 or 4 hours, I'm sure. And we still haven't finished the rest of the Commission agenda. I don't mean to be critical again Mr. Grassie, and Ms. Bellamy. Those of you that are involved with establishing the things...you know, but it seems to be inconceivable that anybody could figure that we would get through the hot agenda items that we have before us and also have a Zoning Board, it's just...you know, anybody whose ever had any experience with the budgetary process of the City of Miami knows that it just ins't going to happen. So I would... • 112 SEE' 'r 19i9 I'm not trying to castigate anybody or admonish anybody but please: for a little bit more recognition Of the reality of this... of. procedures` in this .Commission. Mr. Grassie No, Mr. Mayor, we tried to schedule you for Planning and Zoning on different days; and you know that you chose not to do that. we don't have too many alternatives. Mayor Ferre: You're...that's not the point. The point is that under other circumstances we can survive. Sometimes we just barely survive but we're here from 9 in the morning till midnight type of a thing but we can't do that and the budget too. It's just impossible. Ladies. and gentlemen, those of you that are here...how many of you are here now on zoning matters? Would you raise your hand. Well let me tell you how sorry I am. I hope you forgive the inconvenience that we brought you here. It was unavoidable. It was avoidable if we had had...if the administration had scheduled these things a little bit more carefully. But the fact is that we just physically cannot do the zoning tonight. I'm sorry. We've got a very, very serious crisis with our budgetary problem.` We've got to deal with that and we really can't do anything else. So at this time, let me say that all zoning matters will be deferred and will...you will be informed as to when we will take up these zoning matters. Is there a problem with that Mr... Mr. Grassie: No, you can postpone it until October 5th right now, if you wish. October the 4th. Mayor Ferre: Well lets see when Mrs..Mrs. Gordon? If,you'11 wait just'` a second until we ;get , 2 member. of the Commission; back' here', we. ;will. ., (INAUDIBLE COMMENT, FROMTHE::AUDIENCE)=_ Mayor Ferre: Ma'am,,we're.going in an orderly fashion trying to get .these: items one after the other. `This:one must. come :.item; must come before item 5. Well, -Mrs. Gordon says that she cannot meet on the llth. So' • we'll°have to set a separate .date•. Is'Mrs.. Gordon `av• ailable now? Lets set the date right now, so'that.the people here`willknow Mayor erne. F Mrs Gordon? Mr Grassie there seems to be about 200: , people outside wanting to get in, something to dost with a planning ation. Now what in the world is that all about? Viscaya Station? How can we have something like that scheduled...don't tell me we're going hear that too? Mr. Grassie: Well I can't imagine that they're Mr. Mayor, but if there are... Mayor Ferre: 10 people. Mr. Grassie: If there are 10 people, hearing on the Viscaya Station plan.. Mayor Ferre: Mr. Grassie Mayor Ferre: Mr. Grassie: Here? Yes, sir.. are 200 people out there, here probably out there for the:: In; front of this Commission? It's part of the Planning and Zoning agenda. Mayor Ferre: I see. Is there any reason, again, the Zoning and Planning,hearing'to another day?` why we cannot postpone Mr. Grassie: No. So, long as you do it...if you:do it now you;'can postpone it. 'Lyon don't notify people now, then we've go toi'allow. time forofficialnotifications. Mayor Ferre: We'll have to wait until Mrs. Gordon gets back: III IIIIuPI■1U• 113 SEP 2 ? 1979 4...0011111. Mayor Ferre: Rose, what' day can you on the llth? Mr • Gordon: Two days before.. meet since you don' want to fneet Mayor Ferre:. All ri•ght. That's Wednesday.. 'Could.' We meet on.Wednesday •the'10th or" the 9th? Mr. Lacas,., where did"he go now?•. Mrs. Gordon: The 10th I cannot Meet.but.I can on the 9th. Father Gibson: Mayor Ferre: Father Gibson:. Mayor Ferre: or the llth. can meet on the 9th. s the 9th all right with you? No,; no. Father can.'t meet .on,the .9th."She can't meeton the'.10th'.'' Father Gibson; Mr.;`Lacasa: Mo They say that's a holiday. nday; the 8ih" is Columbus' Day. Mayor Ferre:,;No, that... evidently, that..` is a. legal`>holiday and. there won't beranybody,here, right;?: How: about the ;next,:week;then? 15th, 16th, 17.th, l8th," l9th? `Any `problem with any 'of "those"days? Father Mrs. -Gibson: 15th,°16th, 17th Gordon: What about the:`18th.�, Father ",Gibson s all right with me? o, ,I' 11 be in Raleigh. Mrs'. Gordon: I can't". meet on the 17th"and I:' guess the 15th the best of those. Father Gibson: The 15th o October. ,all. right with me. would be Mayor Ferre: 15thRose 15th Armando? Allright ladies and gentlemen, so those of you that ;are .waiting now for the date, the next City of Miami Commission meeting will be on the 15th day of October which is a Monday.;' All right? And...ma'am, at night. Yes. I think that's better. Most people prefer it at night because a lot of people work and have children and all that. So we will...it will be the same schedule and it will start at 7 P.M. And we apologize for this inconvenience of bringing you out of your homes and making you wait. Mrs. Gordon: Maurice, what happens on the llth then? Will we have our entire Commission meeting on the 15th, the... Mayor Ferre: I think we have to Mrs. Gordon:. that way. just want to know so we need, to move Mayor Ferree I have no.problems in meeting on the 9th,lOth.or.11th• Or 15th, 16th or`17th. But.as I understand it, either'y•ou or Father • have a; problem on the loth, on -the llth and the 9th. Mrs. Gordon: I'll be out'of town starting on the loth. For the`rest of -that week' I have a •convention. Mayor Ferre:: All -"right, and then I'll be..,.then we'll do 1t on Is that acceptable to'everybody? • Yes, the 15th is all right. 114 SEr 'I 1:,473 r�:.�tr..i..Fi.','rx'.•x, Mayor Ferre: Mr. Grassier . Grassie• Sir? Mayor Ferre: Can we live reasonably with a:reasonable agenda and a reasonable zoning meeting on the evening of the 15? Mr. Grassier: Well, I'm assuming: that you're"talking about a City.; Commission meeting at9`o'cleek for, the regular business Yes, yes, and a zoning, meeting at 7. Mayor Ferre: .Mr. Grassie: One thing' .that we...that we can do Mr. Mayor, if"you""want to guarantee'.the people that;they;aregoing to have their"Planning"and Zoning is" imply establish as.a.policy that if we have. general . agenda items left, over `from the corning, we :will"'simply postpone;_ them. ' and start the Planning and Zoning. at 7: o'clock... We can do 'that. ue Mayor Ferrer All right. .All right.,.O.k. ,.Well the qr. stion then'is° we can and put ali that on the 15th of October Is that correct? Mr. Grassie: We'll do our best. Mayor Ferre: Is there a motion then to that effect? Father Gibson : Move. Mrs. Gordon Second. Mayor Ferre: All right, it's moved and properly seconded. Is there further. discussion?" Call the roll on moving the zoning hearing... continuing the zoning hearing of the 27th to the 15th of October. The 27th of September to the 15th of October at 7 P.M. and the llth... October llth.regular meeting_ to the 15th. That is Monday, the 15th of October. Call the roll. THEREUPON THE FOREGOING MOTION NO. 79-657 was duly introduced by Commissioner Gibson and seconded by Commissioner Gordon was passed and and adopted by the following vote: AYES: NOES: `'None. ABSENT Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner Armando Lacasa Mayor Maurice A. Ferre Vice -Mayor J. L. Plummer,Jr.° (LATER FORMALIZED RESOLUTION NO. 79- 672) ON THE ABOVE: Mayor Ferre: All right, ladies and gentlemen,.; thank you very much. And that includes the Viscaya Station hearing. Yes, the regular Commission meeting will be in the morning at 9. The Planning and Zoning hearing will be. at 7:00 P.M on the evening of the 15th. That includes the Viscaya Station. Unidentified Speaker: Did you say that.Viscaya zoning question would, come up in the.A.M. or the P.M. Mayor Ferrer. , in the ;P.M. After 7. Yes, sir.. Any other questions? Unidentified Speaker: Could you schedule:. us at least the first one this time? Mayor Ferre: All right. Mr. Grassie, there is a re quest which I think Y reasonable, that the Viscaya Station zoning be first on the agenda. SEP 2 71979 115 Unidentified Speaker: CONTINUED DISCUSSION OF PENSION PFtOGZAIS FUNDING: (A) ADOPT CITY POLICY LIMITING ANNUAL E: PE TDITU_RE.0 FO^ PENSION 29. PROORAT. (E) REQUEST ANALYSIS AND :`.SPORT FROM PEFSION ACTUAPIES TIT': A VI:17 TOWARDS OFF -SETTING INCREASED CO. T' Mayor Ferre: Eddie, I apologize but we had to get those people settled down. Ladies and gentlemen, there is no Zoning hearing tonight. Those of you that are coming in here for the Zoning and Planning hearing, there is no Zoning or Planning hearing. We will not hear that tonight. All right, proceed. Mr. Eddie Gong Mr. Mayor, thank say a few words. I'll attempt to you very niuch for the opportunity to keep what'I have to say brief. Gong your attention, please. All right. Mr. Gong: Father Gibson' was talking about recollection earlier, Mr. Mayor, and you'll recall, Oh; I guess about 15 years ago, maybe 17 when both of us,werequite•a bit younger". You were certainly not as old as I was. Gordon: Mr. Gong: Right. Allof us,:I suppose. We were endeavoring to go to Tallahassee. The. Mayor has served up there and gone through this same procedure. W. Mayor, you know how if you wanted to run for election in those days, you had to make a little trip down to Coconut Grove, right? Andthat wasn't for a barbeque. It was to go see Father Gibson, right? Mr. Mayor, "'I have to tell you this story because it is a recollection. Wolfson Smith who is'McGregor Smith's son says, I think we wought to go talk to...he's a good Episcopalian, he says, I think we ought to go down and talk to Father Gibson. He says, well why should we waste any time, man. He's for Jack Orr. I was running against Jack Orr. And they wanted to know who this guy Eddie Who was. So he said well go on down there and talk to him. It won't hurt you. He's a celebrity. He's in the Supreme Court. You've probably read the case. The Constitutional Law of Father Gibson, NAACP versus this great country. I said, I remember that case. So we got in the car and we went down to the rectory. And Father Gibson was wanting to know who this fellow was. He was very graceful. He called me into his waiting room, he heard my pitch. He let me give my pitch. Seeing the demeanor on his face I cut it short. Being a lawyer and I think Mr. Grassie said something about lawyers, I cut it short. After it was all over I,waited to see whether I had a chance. Father Gibson kind of looked up and he said, Mr. Gong, he said, I'm for Jack Orr. I said to myself, well this is another waste of time. I could have hit 5 coffees and three womens clubs, and been out there on 27th Avenue for Eastern Airlines. But he said, and I though oh, oh, maybe he's going to put a condition on this. Maybe in the general election. But he said, Mr. Gong, he looked right in my eyes, he says, but one thing, if you beat Jack Orr, he said you'll certainly add a lot of color to the Florida Legislature. (LAUGHTER) So help me, that's a true story. So, Father if I could speak Spanish I think I've had a Chinamans chance in this City. (LAUGHTER) You know we're both getting messed up. You know, you talk with a Bahamian accent and I talk with a Georgia accent. We can't fool anybody no more. Can't do it. Forgive me, Mr. Mayor and Eddie. • 116 . sip ?ii�J Commission for making that recollection but he prompted me to make it when he talked about he didn't forget, and I'll certainly never forget that meeting for the rest of my life. It was a great lesson in humanity.,' I'd like to just leave a couple of facts and not argue them too hard because I know that some of you have been so busy. You haven't had the. chance to really kind of look into this pension situation. I'd just like to give you facts and give the preachering or the lawyering to the minimum. First of all, the System, the facts are that the actuary for the System and the Plan came up for a funding of approximatley $21,000,000. There is a shortfall of approximately 16. 162f say 17. So the City Manager is trying to do his job. And if I were in his shoes, I'd be trying to do the job. I'd try to find some alternative to handle this shortfall. So what he did was, like any good City Manager, he sent his Finance Director into battle. Because on July the 23rd of this year, Mr. Gunderson came before this Commission and asked that they adopt this same policy.And the interesting thing about the policy was that it's a one page resolution with a...oh, I guess about an 8 page, I'll count them, 1,2,3,4,...7 page guts of the matter. In other words, this is what it's all about. You pass this, you get that, right? Now, Mr. Plummer, Commissioner....Vice Mayor Plummer, who is very sensitive and knowledgable in this area said, Hey, wait a minute. You have 2 boards. You have a Plan RetirementBoardover here, and you have a System Retirement Board. The Plan has about $49,000,000, the System has $82,000,000. That's $120,000,000. And before you do this, I think you ought to send this proposal right here that you are considering tonight, see if those 2 boards...have them bring the actuaries, have them see if they can go over this thing, study this policy to see it they can recommend it to you. Since you have charged them with this responsibility. To handle the pension. Well, we've met on August the 31st-in joint session. We had actuaries... 2 different actuaries come in. We had Mr..Gunderson...made his presentation. And the System Board of Trustees unanimously voted for you not to adopt this policy. And there is a letter that was written to you, each one of you. I'm sure that you have. And then this letter signed by all the members except one who voted against. Mr. Houck voted the other way. And it says, I'll read it to you. The last paragraph, "it was a consensus of the members voting for the resolution...that is against recommending this to you, to adopt this policy, that to vote otherwise would cause them to violate their respective fiduciary duties as trustees of the System under City Ordinances, State law, and trust law. Signed by Vice -Mayor Plummer, Chief Bertzel, Chief Jeremko, Mr. Garcia, Vince Grimm, Major Reese and Lt. March. Now I represent that Board and I feel a duty to them and also to you as a funder of this fine pension fund to bring facts to your attention. Now, I just want to give you one little thing that we have a problem with. Every trustee fiduciary should have insurance to protect him or her if she votes on something like turning down a man for pension or disability, to protect that truestee if there is negligence. We had a policy and all of a sudden we found out this year that the policy had been cancelled. So, Mr. Silver took it upon himself since he is able in this insurance area, to go to try to find another policy. O.k. So we could protectthe members of the board, Plan and System, who incidentally work for hours at a time, have long meetings. They get no extra pay for this. Sure they can leave their jobs for the meeting but basically they get no pay. I've never seen any more dedicated group of men or women in my relationship and experience in public life. Mr. Silver went to underwriters to get the policy. And on August the 23rd, they sent a letter to him and they said, and this is from Aetna Life. It's one of the biggest fiduciary insurance insurers. It says, "this letter will confirm our phone conversation last week when I asked you to find out if the City has made any plans to fund $8,500,000 into the City's General Employment Retirement Plan. This was mentioned in the May 17th letter, 1979 to Eleana Rodriquez from the actuary. I am attaching the applications to be filled out by the insured. I need one application for each plan. You might inform the insured that the application becomes a part of the policy so all people should be added in there that belong in there." That 117 SEP z 71979 would include Eleana, the attornies and all the trustees. "Last but not least we'd like you to fill out a schedule which she mentioned." Then this is the punch line. "If the City has made arrangements to fund the $8,500,000 in the Plan, we will bind coverage for 30 days until we receive your applications. Upon receipt of these items we will issue the policy." O.k. You have not funded that, as yet, because you haven't adopted asbudget. What they are saying is, if you don't adopt what our actuaries have told us that we should adopt to remain actuarially sound, he will not...we cannot get insurance with Aetna. Why? Because we would be...our trustees would be violating their fiduciary duties. They would now about it, the insurance company, if they insured and there were •a law suit they would have to pay it. So their position is, no insurance policy until what our actuary say should be paid is actually paid by the City of Miami. Now, I was before you in 1976 to ask you to change some policies prior to the arrival of Mr. Grassie and Mr. Gunderson. Under an older regime prior to your coming here, there was a lawsuit involving over $22,000,000. On Tuesday last, September 25th, the Judge in that case ruled against the City of Miami in 2 counts. 0ne for possibly $1,500,000 and thecther one for $500,000. And Judge Satin said at the very end. He said, the issue in this case is whether or not they, meaning the City, are properly...improperly diverting funds. In my opinion, they are. Now, this is a summary judgment on the question of liability. I'm sure the City Attorney will appeal it. But there are 2 more counts that were not addressed at that hearing that will be addressed. 0ne includes $8,000,000 for Social Security payments taken out of these pension funds to pay for insurance....rather social security. Another $8,000,000 over about a 25 year period taken to pay group insurance. Now, as the attorney for the trustee, I'm a defendent in this particular case. I'm sympathic to the case because I think it's right. You know the reason why becauseI've been before you on that point. What I'm trying to say Mr. Mayor, and Commissioners, if you pass this policy tonight in any form, or fashion, to permit an arbitrary reduction of principle payments on a schedule of 5%, I think that you're going to open another huge can of worms of liability. In fact, it's my personal opinion, that we as trustees... that my trustees of the System would have to bring a lawsuit to test the foundation basis for this policy, which is, the City Attorney I think, I'd rather not say the City Attorney, the City Manager or whoever has drafted this resolution in the whereas clause, there is only one whereas clause, makes an assumption that I think is very important to have put into your mind. It says, whereas for the purpose of remaining within the 4 mill limitations, it will be necessary, blah, blah, to pass this policy. O.k ? Someone has made an assumption that you cannot spend more than 4 mills of ad valorem tax for pension purposes. That is absolutely incorrect. As a matter of fact, you have a City Attorney's opinion saying that you can use other income, excise money, garbage tax, other fees other than 4 mills of ad valorem . You could use 4 mills of ad valorem, and for the $4,500,000 shortfall you had, you could go to other forms of income. Now, if you don't believe me, you can turn to the Commission Policy. It says, City of Miami Commission policy as subject, purpose and policy. And under paragraph 3, numbered at the bottom, it says, to limit until this policy is revised or the 10 mill cap on municipal taxing ability is removed, the annual expenditure on pension program funding to a 5% increase in property tax revenues each fiscal year. However, not to exceed 4 mill. Mr. Mayor, Commissioners, I submit that this is an erronous assumption that will get this Commission in a great deal of legal trouble because it will not hold water, in my opinion, legally. NOw, the bottom line of this whole little donnybrook that we're having on this question is the impact on page 3 of Mr. Gunderson's little memornadum which is really the heart of this whole new, so called policy. It's not a 5% type of thing, it goes much further than that, Mr. Mayor, Commissioners. The impact at the bottom, thelast paragraph. It says,the net shortfall to the pension program after allowing for a 5% increase in property tax revenues would be $4,851,225. Now that's the bottom line. Lets cut through all of the speech making, all of the little games, all of the political things going up here. You've got a shortfall of $4,800,000 plus 5%. And this policy is designed to circumvent the ordinance that 118 SEP you have set up to reach what you have to give every year. And if I were City Manager, and I were the Finance Director facing this Problem, Mr. Mayor, and Commission, I would do the same thing. The only thing I say to you, in my humble opinion, it's patently unlawful, it's in contradiction and contravention of your ordiances which are in the little green book which is our bible,which we try to use. And if you do do this, you're going open up a real can of worms because we will be forced to address yourself to the question, first of whether you are limited to 4 mills. I don't think you are. Second of all, can you get another actuary to come up with another figure after our actuaries which we have hired, have told us what we need to have. And third of all, if you put us into that position and we get sued, the only way we're going to get out of it for our people, is to bring a suit against the City of Miami to say, look, you won't pay, we got sued, we have no insurance and we want you to come in and make us whole in this lawsuit. So I would urge you Mr. Mayor, and Commissioners not to pass this policy. As a matter of fact, I think that this should be specifically rejected and that the question of shortfall be faced after the budget,..later on in the budget process. I think you've put the cart before the horse. I think that would be interpreted perhaps by court as a...almost a conspiratorial way of trying to make up for a 4.8...$5,000,000 shortfall and I think it would expose you to a lot of liability. And I'm sure that Mr. Mayor, and Commission, that's not why you're in business. I know all of you all much better than that. I just want to say that as a friend. I have no ax to grind. But I think those are the basic facts. I have an ax to grind for my clients, Mr. Mayor, but I'm not running for office, thank God. • Mayor Ferre: Listen, you've got a much better job. Mr. Gong: Well I've got a much easier job. Some say... Mayor Ferre: I'm not sure that it's easier. Mr. all I.at' Gong: questions have to say o behalf of Mayor Ferre: Thank you Mr. Gong. And since e some legal questions, let me then turn to our legal counsel who is the City Attorney and ask if he concurs with the legal statements that You stated before us tonight. Mr. Knox: In some respects. Now you have a memorandum which is being transmitted regarding the court hearing that took place on Tuesday and I will not address that unless you specifically instruct me to. Nor, unless you specifically instruct me to will I address the prophesies that Mr. Gong addressed. I will reiteriate a statement that he made concerning a legal opinion. A legal opinion was rendered recently concerning the question of the 4 mills. It is the opinion of the Law Department that the State law provides that of the 10 mill limitation that's imposed upon municipalities for the collection of ad valorem taxes, that no more than 4% of the ad valorem revenues may be dedicated for pension purposes. Now, the upshot of that is that yes, the City has an option to fund from other sources a pension system or program but they cannot use more than 4 mills of ad valorem revenues which are collected from the taxpayers. The second component of that is that the same green bible provides that the City shall fund a pension program as it sees fit, subject to limitations which have been imposed by the State law. And those limitations are, that first of all, the funding of the pension must be done on an actuarially sound basis. Now, the third component of the 4 mill question the City Attorney's Office has also addressed. Just as there is no limitation to 4 mills concerning the funding of the program, nor is their a mandatory funding of 4 mills that is required by the City. Provided, however, that the funding is actuarially sound. Mayor Ferre: Are there other...I'm not going to touch that one with a 100 foot pole. You know that. Mr. Grassie, do you want to add anything to that? 119 SEP 2 7 1979 Hr. Grass/et' Just this. 1 wish I could tell stories as well as Mr. Gong, but • • you know, I agree that we need... Mayor Ferre: He is a good story teller. That's true. Mr. Grassie: We need, we really need to get to the bottom line for you. And really the bottom line, Mr. Mayor, is that all of the things that Mr.: Gong paid are contingent on small item. And that small item is that what you do needs to be actuarially sound with which we do not .disagree in the least. The second part of our recommendation, for the sixth or seventh time today, is specifically that the City go to the actuary and determine what is actuarially sound. Now the proposition that we have .one answer and that is the only answer, to me, is patently not a reasonable position to take. It is in fact, your option to establish some guidelines but the professionals will tell you whether the guidelines are actuarially sound. That's all we're asking. Is that you have a professional basis foi 'judgment and that we be allowed to get you some alternatives. That is all. Mayor Ferre: Further discussion? Would you -.call the roll, please? , • - Mrs. Gordon: 1 have a question, legal question. 1111 ask it in a mlnute. Mayor Ferre: „ .„. MrsStater nen Unidentified Speaker: Nay say': ' • - . . • - - - , one thing seeing as 1 was the person who „ Mayor :Ferrel ''.:Are.:yOU..gOing:to say soinething new? , • , • Yes - - : .:: • Mayor Ferre: I'd like to start litniting us now to new things rather than repetition.:: Mr. •-•• would only like to ask that...and say that wehave not sprOhlei,.c.iiih- hiring an . actuary at - all. Our problem:ii. 'limitingthe 5%2. at this,:titse • - • ..- MayOrPerreI,-Counsellor, you said that at least 3 or 4 times. Mr. Canar: I'd just like to reiterate that for the record and I would Iike,:'t6Ythank the Commission for listening to us, and that until...we would only request that it is shown that the money is not in the budget for the shortfall before you have to adopt a policy limiting as the request.: If the money is there, then there is no need to adopt that policy. Mayor Ferre: Counsellor, again you have made thIt.texact statement on several occasions and'I'm Sure the record will reflect Gong a question? Mayor Ferre: Mrs. Gordon. Mrs. Gordon: Counsellor. You know my position here as a Commissioner is one hat. - The other hat is chairing the Pension Plan for the General than Employees. Do, I have' personally, any liability greater any of the other members of this Commission under the proposed possible suit? Mayor Ferre: There's a simple solution. Mr. Gong: Well I think you'd have a greater burden of proof to show that you were not in violation of fiduciary because you're a double fiduciary. You're a person who funds the pension fund to make sure it'siactuarially sound but under the new state law which is effective Monday, October 1st, you're a fiduciary and your sole...in fact, it says your sole responsibility, 120 UP 4 7 1972 ..•..• VtiftrkliitWzr.11+ 4 your sole sole allegiance is to the pension trust and the bendficaries and to the members. So you can have only one loyalty. Now your point is you have loyalty to the City of Miami taxpayers, you also have a loyalty under the state law to your pension trust and beneficiaries. And I think it's a difficult position to be in but I think that for you to vote to approve and I don't know whether you did or not, tO approve the actuaries recommendation of $8,500,000 you know..to recornmend to the Commission, I think if you voted for that and now to cut it back by a policy to limit it I think that you would...my own personal opinion, I think that you would have a legal problem. Mrs. Gordon: A second question. Even a negative vote on this would indicate a participation in this vote. Would it make any difference to my personal, possible legal liability? Mr. Gong: Are you asking whether or not you have a dutyto be actively opposed to somethi. ng that you votedfor earlier.... Mrs. Gordon,I'm asking you if it wouldfor me to abstain from a vote and sign the waiver of the vote. Mr. Gong: Yes I think that would be a possible course for you to take. Mrs. Gordon: I'll take that action. Mayor Ferre: I would like to respectfully ask the City AttcorneY, who is the one who rules in this City on legal matters whether a member of this Commission can abstain from voting on an issue unless he or she has Mrs. Gordon: No, that's not•the way it reads. Let me read it to you. • Mr. Knox: The Charter provides the...the Charter provides that no member may abstain from voting unless he or she has some direct or indirect financial interest in the transaction that is being considered. Or that his or- her conduct is the subject is the matter to be voted upon. As a matter... Mrs. Gordon: Let me read it to you the way I have it and it comes from the Law Department. It says, "The Charter of the City of Miami requires Commissioners to vote on all matters, the exception being matters involving the consideration of their own official conduct or where their financial interest are involved." In this case, my personal financial interest could be affected by a lawsuit and I am not going to vote and leave my personal property subject to it. Mayor Ferre: Mr. Knox, this is a legal matter and whatever....your statement is, I just want to make sure it's on the record. Can, under what Mrs. Gordon just read, can Mrs. Gordon legally abstain from voting? Mr. Knox: A decision to abstain is a state of mind or the basis of a decision to abstain is based upon the state of mind of the person who is voting. Now, Mrs. Gordon has indicated upon the record that in her mind her financial interests are at stake in such a manner that she cannot render an objective vote on this question, she has interpreted that provision in such a manner that it would permit her to abstain. Mayor Ferre: And you so state, Mrs. Gordon. Mrs. Gordon: I say that I feel that if I am sued as a member of this Cotrunission, and the pension chairman, that my personal property is in jeopardy under the lawsuit that might be placed upon this Commission and me a part of it. Mr. Grassie: Mr. Mayor? Mayor Ferre: Can she be sued personally? r AYES: NOES: None- • ABSENT: ABSTAINING: Mr. Knox: The law pertaining to trust and trustees provides that, if in the capacity of a fiduciary or occupying a position of trust, that trust is somehow violated in a legal sense, then that person who is the trustee can incur personal liability. That is the law. Mayor Ferre: But that's not the question. The question is can she be sued personally as a member of the Commission, voting on an issue or are you in effect saying that she now has a conflict between her role as a member of this Commission and as a member of the Pension Board which she chairs, and she has to choose which one she is going to side with. Mr. Knox: In this instance, it appears that Mrs. Gordon perceives • that there is a conflict. 01 dinarily there would probably not be a conflict which would exist by virtue of a member of the Commission sitting as a Chariperson on one of the Pension Boards because the Charter provides .that a member of the Commission shall sit as Chairperson. Mayor Ferre: The Charter provides that? Mr. Knox: Yes, sir. Mrs. Gordon: The law of the State of Florida changes on October lst. You hearcl Mr'. Gong state... Mayor Ferre: And the. point, therefore, is that if she in her mind feels that she is financially, and she so states into the record then she can abstain from voting. Mr.Knox: Yes, 'sir. Mayor Ferre: Is there further discussion? Mrs. Gordon, then you are abstaining, is that correct? Mrs. Gordon: Mayor Ferre: All right. Further discussion on this issue? Cali the roll. The following motion was introduced by Commissioner Lacasa, .who moved its -adoption: MOTION NO. 79-658 A MOTION OF THE CITY COMMISSION ACCEPTING THE CITY MANAGER'S RECOMMENDATIONS TO ADOPT A POLICY LIMITING ANNUAL EXPENDITURES FOR PENSION PROGRAMS FUNDING TO A FIVE (5) PERCENT INCREASE IN PROPERTY TAXES EACH YEAR NOT TO EXCEED 4 MILLS; FURTHER REQUESTING THE PENSION ACTUARIES TO PREPARE A REPORT INDICATING THE REVISIONS NECESSARY TO OFF -SET INCREASED COSTS IN EXCESS OF THE FIVE PERCENT LIMITATION IN PROPERTY TAXES, CLEARLY STIPULATING THAT THIS PENSION POLICY SHALL NOT AFFECT ANY PRESENT EMPLOYEES OR RETIRED EMPLOYEES EITHER UNDER THE SYSTEM OR THE PLAN OF THE CITY OF MIAMI Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: Commissioner Armando Lacasa Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre Vice -Mayor J. L. Plummer Commissioner Rose Gordon • 122 SEP 4 ON THE ABOVE: Mayor Ferre: All'right, Mr..Lacasa, you wanted to make some other claratory statements in reference to this and Mrs. Gordon is abstaining. Mr. Lacasa: The statements goes inthis fashion. That if...I move actually, that the administration be told that it is the intent of this.. Commission to preserve the rights of all those employees of the City of ?' Miami, whether retired or presently working for the City under•the present provisions of the present pension plan. And that in no way, whatever action we have taken concerning this 5% cap will affectthose rights. Mayor Ferre: Can you live with that? Mr. Grassie: I understand....if.I understand, Commissioner, for my clarity. The first motion thatyou passed had to do with the adoption policy on the 5%. This ,motion is a second statement of the intent of the City Commission;, and what we would attempt to do is to establish`. the actuarial possiblity'of each of those policy positions. Of course, the more strict policy position, the more difficult. to make come out :. financially, is the one that you, have just stated. But we willbring you answers and alternatives.on both of those. On both of ,those positions so that you know exactly what the costs are... Mayor Ferre; Well then, what do we need a motion ;f Mr. Grassier Well, Mayor Ferre: I see.. Mr. Lacasa: A -.vote that to be very clear. simply an instruction,to" us..= our intentions of .the ,Commission•And I wan So... Mayor Ferre: All right. Then you don't have any problems with this? No. We will bring youanswers on both of those instructions.! Mayor Ferre: 11r.Grassie. For the purposes of continuing this, we have a motion onthe floor... Mr.. Grassie:. Father Gibson: Mayor Ferre: May „I ask ,this. All right. Father Gibson: If... we are...if we are in a sense seeking information. and we do not intendto officially act until we seek information, do we have to have this? Mayor Ferre: I don't think'so.. Mr. Parks: Mr. Mayor. Point of clarification. It is our assumption that the motion you just motion on was the exact motion that MrLacasa had just made.: Mayor Ferre: I think it certainly was included in the... Mr. Parks: would ;like it reread '.for the benefit. Mr. Lacasa:. It was. I think' that .,the second motion was not;. called. for because :it was included as.the_second.part of the..; so I withdraw the motion. And -that states it. Mayor Ferre: Thank you very much, Mr. Parks. 123 30. FIRST RELDIIIG: DDFIHIi7G AHD DESIGNATING T:'. Tom'?IT_OPIAL LI?'.ITS OF TnI: CITY OF vve. I - FI::IHG T :L 7,ILLAGr LUD LE.VY IIIG TAKES Mayor Ferre: All right, now ladies and gentlemen, we are on item number 5 which is the next item before us. In order, as we get closer to the budget process. And it is now almost 8 o'clock. And it says, •An emergency ordinance defining and since...and designating the territorial limits of the City of Miami for the purposes of taxation, fixing the millage and levying taxes in the City of Miami for the fiscal year. Would somebody tell Mrs. Gordon we're back in session. I don't think she has any problems with this. Is anybody going to object to item number 5?. Anybody going to speak on this? Defining the limits of the City and all. that. And the taxation and all? All right, is there a motion? Mr. Grassie: Mr. Mayor? Mayor Ferre: Yes? Mr. Grassie: The State law, I'mafraid requires that we give you a brief explanation on what the State law provides. Mayor Ferre All ;right, fine. Give us a brief explanation. Mr. Howard Gary: Mr. Mayor, members of the City Commission. The State pursuant to 'a new law requires us to explain the reasons why we intend to exceed the certified millage rate. What I could do for you is put that in context with the current millage rate, what it requires to maintain services at current level, as well as the inflation rate. First of all, the current millage rate is 14.87 mills. We are proposing that this year the millage is 13.96 for reduction of .527 mills. With regard to the cost or the revenues generated by the millage rate, it should be taken in context with the inflation rate. Inflation presently is exceeding 11%. That converted into dollars in order to maintain service at the current level will require the City to come up with an additional $11,000,000. We have proposed a budget that requires the City to increase its budget by approximately $3,300,000 or approximately 3.25% whichis less than the inflation rate. Finally, I'd like to put that in context of the new State law. The new State law requires us to exceed the certified millage rate by 5% and it further permits us to exceed the certified millage rate to cover union contracts. Our calculation using the State formula exceeds the 10 mills. However, we're proposing that only 10 mills which is the same millage rate be levied this year. The additional revenues generated are approximately $2,800,000. Are there any questions? Mrs. Gordon: Yes, I have a lot of questions. Just let me get my agenda out. Mr. Gary: The...just to put this also in proper prospective, the decrease in the millage rate which is approximately .527 mills...well exactly .527 mills, put that in context of a homeowner, the average assessed house in the City of Miami is approximately $30,000. Presently that homeowner pays $435 a year...City taxes right. That's all I'm talking about. Next year it will be $419 for a $16 reduction. Are there any questions? Mrs. Gordon:- This millage rate that you're recommending, isn't this based upon the budget that you prepared? Mrs. Gordon:< And does: that budget that's been prepared include that pension item that just passed through here with the 5% on it. The 5% cap on it? 124 SEP z71919 Mr. Gary: Mrs. Gordon: O.k. I then would have to say, to you that I feel that since I:abstained`on that I am obliged to abstain on this as. well. Mr. Gary: Mayor Ferre: Mrs. Gordon:• Yes, it does.` rs."..Commissioner. All right, then state.. es, ma'am. already been stated. Mayor Ferre: Is that clear on the record. Mrs. Gordon said she has .to abstain? That puts "us in this'situation'. Mr.:Manager We obviously do not have a 4/5th vote. 'So.. - Mrs. Gordon:You ought to talk into the microphone, Maurice. Mayor Ferre: We obviously don't'.have a 4/5th vote. We have. either a 1, 2, -_or 3 votes? here. And 'if we get '3.Notes .we cannot pass= -it° on emergency. „ Is that correct,'Mr. City'Attorney? Mr. Clark:. votes. You have .to°have `4/5th. earring 4A votes ffirmative. Mayor Ferre: Wait...4/5ths of those voting or 4/5ths'of the Commission?, Mr. Clark: 4/5th's of the Commission.; Mr. Grassie: I. would suggest, Mr. Mayor,.' if there are 3 votesin favor;. of the passage of the budget is that we adopt the budget on first and: second reading. Which would mean that it would notgo intoeffect. for Mr. Clark: pass.:. That also requires a `'4/5 is a Mayor Ferre: That's 1 Mr. Clark: When you , pass 4/5ths vote, Mr. Mayor. Mayor Ferre: Where's Mr. Knox. Mr. Knox, the question before you, sir, Mrs. Gordon claims into the record that she feels that she has the same liability, and therefore, financial risk, potential financial risk in voting for item 5 which defines and designates the territorial limits. for the purposes of taxation. And it fixes the millage and levying taxes of the City of Miami for the fiscal year. Since you said it was a matter of state of mind, she has declared her state of mind, and therefore, she abstains. Now, that leaves us with 3 votes on this Commission assuming should a motion be made and pass with 3 affirmative votes, you would not have 4 votes to pass an emergency ordinance. Now the question then is, could be pass this on first reading and then pass it on second reading not on an emergency basis. Which means that under law it would take 30 days for it to become effective. Is that correct. Mr. Knox: Yes, sir. Mayor Ferre:. Al] right. So therefore, we could technically, legally pass this on first reading and on second reading it would not be an emergency ordinance and it would go into effect in 30 days. h's vote of the Commission when you Mr. Knox: ..that's not so." and dispense with mayor -Ferre: All right,thank you.:' a reading it requires a Father Gibson: Let me ask a question. Counsel,,,.are you telling me that I could vote right now,'t's 5`minutes of the hour, 3 of us can vote yes. 125 REF 2 '7 1979 M Mayor Ferre: Father Gibson: Wa Mr. Knox: No, sir. At 12:01;you "can vote`. again. right after... it...wait.. .and .in"5;minutes time 3 of us vote again. • Father Gibson: Oh, I see. 12:01 which is tomorrow. Oh, I see. I just want to make sure we understand it. Now I want to make sure my fellow Commissioners, hear me. I think out of fairness to Plummer, •we ought to defer or even if it means a special meeting because Plummer is going to be locked with this budget too. And if he's here and 3 of us vote anyway, then he's locked with it anyway. But to lock him to it in his absence, is not q ite fair to him. I wouldn't want you to do it to me, my brother and I:don't want to do it to him. I'll vote tonight on the first reading, but I promise everybody and God, I am not going to vote 5 minutes after now, nor 1 minute after 12. Mayor Ferre: All right, that is the law now. And the way we go about it,'is since Mrs. Gordon is abstaining on item 5, is there a motion? I" have a legal question to ask Mr. Knox. abstained Mrs. Gordon. Mrs..Gordon:. I have a legal question to ask Mr. Knox. Did you render.` an.opinion just now that this Commission could vote on this issue with 3 votes,- and then vote again after midnight? Was that your opinion? it's a moot point because we are not going to d ...�. Gordon:. All right. The question is, to Mr. Knox, room, whether he made that recommendation? didn't make any recommendation you say it could be done? But you say it won't be done. Mayor Ferre: What we're going to do is, your abstaining, so you're out of it. What we're doing is, we're going to vote' hopefully on first reading and not vote on second reading. We're going to wait until Mr. Plummer arrives. And then when Mr. Plummer arrives, hopefully tomorrow, Twill call a special meeting tomorrow to vote on this. Hopefully Plummer's fever will be down by then and he'll be able to come in here and we'll have a second reading. 0.k.? Now since you will be abstaining Plummer will be here. If we get a 4/5ths vote, we then will have an emergency ordinance. If we get a 3/5ths vote, we will then have a second reading, which means that it will not go into effect for 30 days. And therefore, we no longer have a legal hiatus, I think is the correct and appropriate word. Mrs. Gordon: A question then, Mr. Knox. If you're going to separate the readings in that way, doesn't the public have to be so advised by advertisement of an ordinance? It's not just another issue, it's an ordinance. Mr. Knox: I understand. The Charter provides that ordinances shall become effective after reading on 2 separate days. Without advertisement for the second reading 126 SEP z 71y19 Mr. Knox: There's norequirement for advertisement for the second reading unless .there public hearing associated with the second reading. Mrs. Gordon:; What determines whether there should be a public. the second -reading? Mr. Knox:. I've never known,; Mrs.,..,Gordon. Mrs. Gordon: You're the attorney, who should know. Mayor Ferre: Well, I think`hp's . answered. that very veryeffectively, in my opinion., Now, we know where we are. • Is there -a motion on<first reading for item 5. Mr. Lacasa: I move. Mayor Ferre: Is there a second for item 5?' Father Unidentified- Speaker: Can - ask.a question of, the. attorney? Mayor Ferre: If it's pertinent Unidentified Speaker: Doesn't...in order to. discuss the budget on the budget, don't you have to. have a public hearing. Mayor Ferre: We have had a public hearin; been all day? Unidentified: I'm talking about to be a public hearing? Mayor Ferre: We will, yes..Andthe way we say that this hearing is extended until 9'.0 do that legally, is I will clock.tomorrow=morning.,` This. Mr. Grassie Well, Mr Mayor, you've really already had 2 public hearings on this. You had one at your last meeting and you had one earlier today which was advertised. Mayor Ferre: That's correct..By law you only have: to have 2 public hearings.` This isthe second public hearing 0.k? Is that correct Mr. Knox? Mr. Knox: Mayor Yes, sir. Ferre Now, there'sa motion,,You seconded it?,. Father Gibson: Yes, sir. Mayor Ferre: reading. AN ORDINANCE ENTITLED - Is there further discussion!:,; Read the -ordinance. on first AN 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 SEVE:(ABILITY CLAUSE (CONTINUED ON NEXT PAGE); SEP 2 71979 r Was.'introduced by Commissioner Lacasa and seconded, by Commissioner Gibson and passed on its first reading by title:by the following`s vote: AYES: Commissioner Armando Lacasa comm issoiler ;(Rev.) Theodore R. Gibson Mayor°Maurice A. Ferre NOES: None ABSENT: Vice -Mayor J. L. Plummer, Jr. 'ABSTAINING: Commissioner Rose Gordon 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. 31. FIRST R ADI?.1G: APPP.OPRIATIOi1S FOr. FISCAL YEA'.'. E1TDIi1G SEPTEMBE'_: 30, 1930 Mayor Ferre: Now we are on item 11. Mrs. Gordon. Lets she if she has a problem in her mind with financial gain or loss on this one. An emergency ordinance making...no, this is not an emergency. This is on first reading. Making appropriations for fiscal year ending September 30th, 1980. City Manager recommends. All right, now. Mr. Manager. Mr. Grassie: Sir? Mayor Ferre: On item 11. Mr Grassie: Mr..Gary will do a.: brief introduction'on that,. Mayor Ferre;,- Mr. Howard Gary. Mrs. Gordon, are you going to have a conflicton this one? .' ; On 11. Mrs. Gordon: That depends. When we move along, I'll let you know, Mayor Ferre: This is making appropriations for fiscal year ending September 30th. Do you feel that in voting for the appropriations you would have the same liability and the same problem that you previously epxressed? Gordon:: If it becomes one that's adopted the way it's recommended who knows. Do you want to abstain then? I'll let you know later. Mayor Ferre: All right. Go ahead. I just want to establish that in the record. Mr. Gary: Mr. Mayor, and Commissioners. The appropriations ordinance that you have before you represents the same budget that we've been discussing in various budget meetings and we've had in previous public hearings. The only difference between the budget appropriation ordinance that you have there is the actions that the City Commission took 2 days ago. And this was with regard to social service programs. The additional costs as the result of those motions made by the City Commission is approximately 500...is exactly $588,866. 128 SEP271979 Mayor Ferre: Does this take into account in the appropriations, the other things that we have discussed? Mr. Grassier It does take into account major new such as the disposal fee. Mayor Ferre: Mr. Grassie: s the disposal fee of $2.,200,000,'in :;this?. 'That is correct, sir. Mayor Ferre: Well.I.thought...I see. Well, I for-;,one.would.like to state that I:would not accept, personally my:vote,would be against this; .' appropriation- that is included. So, since you're dealing with, of course, }lrs. Gordonmight vote, so we don't know.how many:we have here Father: Gibson May I.... Mrs. Gordon: Idon't here what you re Mayor Ferre: I. have made a statement that I would not accept the $2,200,000 fee for garbage collection. That is to pay<<'Metr.ovolitan Dade County for the :dumping of City of Miami garbage in their facility. Which is what they will, be charging us. Father Gibson: May I ask a.question,-Mr. Mayor? or Ferre: Father Gibson. May Father Gibson: Making:appropriationsfor fiscal year ending September 1980. Mr. Gary. In order to make an :appropriation you have to.have a budget or have a source of. income, is that right? Mr. Gary: Yes, you do. Father Gibson: Can' ,I make that appropriation, and.I have just voted on first reading the budget,_for money:; that I am -not sure I'm going to Mayor Ferre: Mr. Grassie: No,.;Father; -I,-don't.believe so. What you voted, Father, was the tax' rate.;:': You'have;approved the tax rate. What is now in front of you,is the budget and Mayor Ferre has indicated a preference to eliminate one,of°the revenue items which is a $2,226,000 item. So at this state, it would be out of balance by $2,814,000 based on what you did 2 days ago plus the suggestion of the Mayor. Father -Gibson: Let me make sure. I'm a slow learner. Making appropriations, for fiscal year ending September the 30th, 1980. Is that right? O.k. here do you make the appropriations from? Mr. Grassier Well, you haven't acted on this one yet. Father': Gibson: I know. But the one I acted on that I passed on first,, reading. 'You know what I'm trying...I'm a little confused. Mr. Gr_assie: The only, if 'I can help.Father, item number 5.would simply allow us to :put the millage:on.the rolls '. Andwe have to..get this over to Dade -County before- the.1st of_ October. So the only thing that this does' is authorize -us. toput that millage on. Father Gibson: Put the millage;on. Mayor Ferre: Mr. Grassie: SEP, ;y,y 129 Mayor Ferre: ,We' re.;not' on 5 now. We, are 'on item 11 which is the::: appropriations ordinance. Father „ - Fither-GibiOnt': Wait 'a Mitkiitei', 5 established -'a territorial litait and the • Mayor Ferre: This establishes ,the apprporiations as to how that an . • other, money is going to be spent. The Millage gives 'us under $40,000,000. We',.re talking about $126,000,000 budget here. Mr. Grassie: In other words, Father, the millage ordinance that you just approved, item number 5, would provide about $38,000,000 worth of taxes but the appropriation that you are looking at is the total City 'operating budget of $104,000,000. So... Mayor Fevre: Plus $17,695,000 general obligation bonds and $4,282,000 of enterprise funds. Mr. Grassie: As the Mayor says, it's the total budget. Mayor Ferre: Well, I'd like to contine, if I may, telling you the things that I personally feel and I think perhaps what we ought to do is let me explain to you how I think we should pass this budget and perhaps we can proceed from there. All right? This is just my personal opinion. I think that what we should do is eliminate the $2,200,000 of garbage fees proposed in this, number 1. Number 2, add how much to social services? $588,000. In Department. total function. positions iein:toSp58a8t°t°r0.1 part of iisthtionk we should aatwdhsdietrh3e3?thnoeeiwt1,17siceimten', Mrs. Gary states that Main,).7there? Mayor in the Police Gordon:Mrs. e' Mayor Gordon: No. it's not. Ferre: ieweouDePa_a_ 0 in the The Child Day care item Ferre: And the Care item is already hilidd giveus . addition 0 f_ our aThaatjoeinfoconjunctiofn55.v.eil. Ur police be addedin io ..5 P0 is in there. that Mr. Howard Mayor Ferre: Let the record reflect Mrs. Gordon: The $213,000 that we proposed the other day be transferred to, the General Fund, is in there Mr. Gary? Mayor Ferre: / will include that in my motion. 0.k? Mr. Grassie: The $2139000 is included in the $588,000, yes. Yes. We have 213... Mayor Ferre: Mr. Grassie, because it's late in the day and You and I discussed this and I want to make sure that I haven't forgotten anything because I have a. feeling I've forgotten something. . • Mr. Grassie: I'm sorry, what was the question? Mayor Ferre: My question is, you and I discussed this and I don't have theek notes, and I want to ma sure I didn't forget anything that you and I discussed. _ Mr. Grassie: Those are the points that you raised. That is the elimination of the disposal fee, the inclusion of the Day Care Program and the social service programs, and the increase in police manpower. 130 SEP i; iwa • in. • sok Mayor Ferre: Father Gibson: Mr. Lacasai Mr. Grassie: You're sure? want to raise a question. Thatdoes Father Gibson: include the Day Care out of the General Fund?." Yes, sir. It includes $213,000?`for 'Day Care. May I raise a question? Mayor Ferre: Yes, Father Gibson. Mrs. Gordon: What did you say, Mr a comment but itdidn't... excuse.me._ Grassie, you .trade' Mr. Grassie: It inculudes...the,figures that we are $213,000in the General. -Fund. for Day Care. Mrs. Gordon: And what are the other ones that it includes? Mr. Grassie: It includes $375,866`:which is 'all of,the:changes that you made in after school,, community school, Belefonte Tacolcy, Industrial Hoe for the Blind, all of.those. programs.; Mrs. Gordon: I see., Does it also includes -that's the ;question hwanted' to ask you is, there was one:'position cut from the Clerk's budget Is;.. that included also in the budget?. Mr. Grassie: I believe so, yes. .' It`is?'O.k. Mrs. Gordon:'. Father Gibson: Let rile ask this question. Mayor Ferre: Father Gibson. talking 'about includes- Father Gibson: The best time to ask it .you're -talking about policemen.Or thereabout...33. 0.k.;: Whatever the number is. Mr. Grassie: Additional on patrol, yes. 0 Father Gibson: I want to put this in the record. What disturbs me is that how we have escaped some writing on the part of the newspapers. Even dealing with television and radio about some alleged murders down in the Culmer area that have not been investigated. And what's happening. I want to make sure and put this in the record now. And it's quite hush, hush, hush. What bothers me and I'm putting it for the record, tell me the quickest way to get people....you wouldn't believe this, we learned that the quickest way to get religion is to affect peoples pocketbooks and everybody start praying. All along they pray, pray you know, start praying and start acting. I wonder, isn't it the case Mr. Grassie, and I'd like an answer tonight before I vote, that that area isn't getting equal treatment. Do you have any black investigators over there? You can't answer, let the Chief answer for the record? Any black classified investigators over in the Culmer area who can go in there and talk with black folk and get some information that other folk can't get.' Tell me, sir. Chief Harms: Father Gibson: Chief Harms: Sir, Father Gibson: : Yes, sir, you' d know them. Chief. Harms: 131 $EP 4 '1 1y19, --•••••: Father ho? Chief }larms Bo Veal, Sgt Bo 1ea1, Ge rge Adanis. That's the • Sgt •... only 2 1 can thlnk of off the top of nty head, ather •... • h r those Father .Gibson Do•.. co0e6•:. -.,•• • • • . • . • . ,over:there?. „ . . . . . . Chief :Berme:" Isla notsure which •cases you're.referring too. -But they have access to that community. Father Gibson: .1 see. Oh, weli, oll.rightH::Chief, in the morning you .terk:With--your men. • Talk With-:YOUr::depertMent them that Father heard that some Murders_gOing,On:oer:thirel'heVe gone on and no thorough . investigetiorrhas:beenMede::yetAnd wish this was written so' I could have a second: reeding' •• Mayor Ferre: We'll have a second reading. Father Gibson: Oh, oh, 11 is going to have a second? Mayor Ferre: Oh, absolutely. Everything is going to have a second reading. Father Gibson: She just has... oh, I see. This is a second reading. Mayor Ferre: No, this is first reading. Father Gibson: This is a first reading. Well want to serve notice until I know the bodies. I'se not going to vote. Mayor Ferre: On the second. Father Gibson: That's right man. Cause I don't think I'm hearing the right story. The same story. Chief Harms: Commissioner, with all due respect, I'd ask you to clarify which cases you're referring to and we'll certainly provide responses to that. Father Gibson: Chief, I don't want to do it. You know, we get enough bad name. But I hope that you go home tonight and call you're men and say, he, I heard what Gibson said, is he telling the truth or isn't he telling the truth. And you say to them, you know Gibson swears to God that he isn't going to vote that budget until he gets those answers. Chief Harms: Yes, sir. Mr. Grassie: We'll get you the answers, Father. Father Gibson: O.k. Chief, and I mean I want people who are classified because, let me tell you Mr. Mayor, what you don't know, you and the other members of the Commission. You know, I asked about that with some of those men and I said, who are the investigators over here because some of those black folk came over and said to me what I have just said. And the said, well, we don't know. So, oh, I see. O.k Chief, we're together. You just get the answers when you come whenever we have that next meeting, you come with the you know. Mayor Ferre: The whdt? Father Gibson: the real thing, the object. You know, that's German. That's German Chief Harms: That was an issue that the Community Relations Board dealt with and they were satsified as to the investigation at that point, and the rumors that were circulating. 132 SLr impoodi.op Father Gibson: -The Mayor wanted to know if I'learned that much German II on my trip to France, but no Mr. Mayor,`I went to those schools in this country that...you know, have an unusual way of teaching, even us blacks,' a language other than English. Mrs. Gordon: Mr. Gary, could I ask you a few questions,;please,."for information? My first question is, in the preparation of the1979�80 budget were any reliable computer printouts on"1978 79'revenues and expenditures available? m Mr. Gary: Yes. We had a few problems. As you recall,we have been in the process of converting computerized financial system from a smaller computer to a larger computer. And once you make those transitions there are going to be some bugs.' And we've had some bugs interms of. our financial system. Mrs. Gordon: When did you have st 1133 SEP 2 71979 U•4eYsitan.2.0esta -• •-•:..•••• • , Mr. -•-•" -y •*•••••• •• . Mit.•-GOki4O4:,H--:Hoift.„-Itiany:::i9nthS.'-'after."'the:,:fitdaiY.yar?,::::„. • , . . . . . Mr. • •:, • - • •. • • • ••••••- ,•:•• ••.-•• Gary: 3uly of this year.••• - • • . • Mrs. Gordon: Ju].y lst. 'Okay, next question to you. On Page 10, • .„ . . -Would4OU•get youk:1006k:r.014t?'-±:...,;--W14Ycii.i*'.01,-1ie••••••••61i*I*fOti'd",::-0/-01011t0-•h4veheie_nl,.j*J*. 10 of th4,,:piopied'.':bUdgethe'::CarrT*er',1UndbalenCe.:--:0Stimate.:fOr 1.97980.-iishown . ••••••• • as zero. •• the basis for this estiznate? ....• ...• ... • •-. •• • .••What was ..• • • - „.•.: •. -•• • Mr. Gary: Well, the basis of the estimate is as I explained before, we ,had some problems with the financial data and we have been unable to project with any kind of reliability, atfthis'iiarticUlar-pOint intime, we invision we will do so shortly what will be the status of this year's budget at year end. . Mrs. Gordon: In other words there is no basis, there was nb basis. Mr. Gary: What, for the zero? Mrs. Gordon: Without any printout. Mr. Gary: You're correct but I think it is safe to say, you know, to be fiscally conservative and also professionally conservative it is best to have zero in there than to have a positive figure which may not result at year end when the books are closed and is not fair to the budget in terms of putting a negative figure in there when you may have a positive number at year end. Mrs. Gordon: In other words the year end projection for the current year, there was no basis for any estimate of available funds left over for this year because you could have picked out a dollar or you could have taken $10,000,000 or a million dollars or any number, it's just an arbitrary thing that you put in there and you based the budget on that. Mr. Gary: The answer to your question is that we did not project a fund bal- ance for this fiscal year. Mrs. Gordon: But you don't know whether we have one or not. Mrs. Gordon: And you don't know how much it would be. • . Mr. Gary: Correct. , • • Mrs. Gordon:- Mr. Grassie, why didn't you tell us that there was this approach to this budget?' And why' didn't you tell it to us in the budget message? Mr. Grassie: Commissioner, in fact, I believe that we have told you that for the last two or three months. What you're focusing on is the question of an estimate of lapse or an estimate of the amount of money which is left over at the end of the year. 'The assumption that we have made there is that that lapse is going to be zero. Now, in fact, I would anticipate that we will have a small lapse at the end of the year. The budget department has indicated to you that because of the computer conversion that they have had to deal with hand generated figures in preparing this budget and, in fact, in that process they have not been able to give the detail of projection that they would like. The fact remains that we have never ended a year in deficit, we are not going to end this year in deficit and neither do we anticipate a large lapse. 134 SEP 4•r iI Mrs. Gordon: But you have no facts to support that theory that you're talking about, it is an assumption that you're making. Mr. Grassie: Commissioner, a budget which is a projection of what is going to happen next year is necessarily a series of assumptions. The assumptions are made on 10, 15 years of past City experience, that is what the City has exper ienced in almost all of these items. Very few of the items are pinned down` so that you know exactly what they're going to be for the whole year. You do; have to make assumptions like,1for example, the assumptions that you make in the area of revenues, you know how your revenues are going to change for the next year are all assumptions but they're assumptions which are made on the basis of your history and that is the kind of assumption we've made in this7. case of lapse. It is a conservative assumption as Mr. Gary has said. In fact, history will probably prove that we will have more than zero lapse, not a great deal more but something more than zero but we are making a conservat- ive assumption in this case and I think that is reasonable. Mrs. Gordon: Would you also answer this question, Mr. Gary? Is all.of available funds for appropriation, all of them, in here? Mr. Gary: All those that are applicable .to the General Fund,. yes, you'know we don't have Capital Funds in there because they are restricted to Capital purposes. Mrs. Gordon: What about the Self -Insurance funds instance, the.. Mr. Gary: The mechanism by which this budget operates is that the Self Insurance Fund is a separate trust & agency fund. In each departmental budget we have specific amounts appropriated for those activities or those coverages that the Self -Insurance Fund covers for those departments. As an example, each department has workmen's compensation costs in their budget which is paid over to a trust and agency fund entitled "Self -Insurance Trust Fund", the same as for Group Insurance. Mrs. Gordon: Would you explain something to me? How about those items, for instance,- that are for tort protection, are they paid out of the General Fund or out of the Self -Insurance Fund, how is that handled? Mr. Gary: I'm sorry, I didn't hear you. Mrs. Gordon: Okay. The General Fund, isn't it true douple dipping in behalf of the Self -Insurance Fund? Mr. Gary: Mrs. Gordon Mr. Gary: Mrs. Gordon: All right, we'll go intothat a little bit later. I'd like to call on Dr. Barry to answer a few questions that he has prepared on my behalf. Rev. Gibson: Mrs. Gordon, pardon me one minute. Chief Harms, I don't want to let you get away, Dr. Barry is going to answer some questions, they're written anyway, his answers are written. Unfortunately my question to you was do you have any investigators, should be do you have any investigators in homocide, I was talking about all that killing over there, you know, that's what I want when you come back, you know, investigators I don't mean that, I mean in homo- cide. Remember I' said all this, yes, so that when you come back you don't say, "Well, I got..." Note, you told me you have two investigators. Okay? I want to know if they're in homocide. Chief Harms: Rev. Gibson: Chief Harms: an give you a response to that now, the answer is no. Rev. Gibson: Okay, Chief. I hope what you hear me saying you'll be smart and wise. Doyou know what I'm saying?; Do you understand what I'm"driving at? Chief Harms: Rev. Gibson: Well, Mr. Mayor, I want to make sure you and the Manager hear me. Mr. Manager, I'm going to ask the Chief again, I want you to hear it. Please 135 SEP z '1 Idly. • . '0 forgive me, Rose. Chief, do you have any blacks in homocide as investigators? Chief Harms: No, sir, we don't. Rev. Gibson: Okay, Mr. Manager, I'm an old coon, Mr. Manager. Mr. Grassier I heard what you're asking. Rev. Gibson: Okay, I ain't;voting now, just.remember. Okay said. Go right on, doctor, tell them about the money. now. Mrs. Gordon: Barry. Remember what I I'd like to by way of explanation tell you that I've asked Dr. Thereupon the City Commission took a short recess. Mayor Ferre: Mrs. Gordon:. Mayor Ferre: Mrs. Gordon: r. Barry, you were recognized. want to know if Howard Gary is still in the room.. Howard Gary I think went home. He wishes, Howard Gary would like to be home. Mayor FerreHoward, what are you doing here, I, thought you'd gone? Mr. Gunderson has long gone home. All right. Mrs. Gordon: Howard,.I asked you some questions before and you answered me:but I forgot to ask you the follow up question`,', that I had on a little slip of paper in my pocket Mayor Ferre: All right, Mrs. Gordon: I; askedyou about the first print-out and you said to me it was in July. Now my question toyou is was that a correct and accurate print out? Mr. Gary: Nc wasn't Mrs. Gordon: When have you received the first accurate print out? Gordon,'we'.re still having some problems with the data., Mrs. Gordon:.: ,You haven't had an accurate print. out yet, is that 'the ;'answer?" Mr. Gary Mrs.. Mr. Gary: Right, .correct Mrs.. Gordon: - :That's;;the answer, youhaven't had an accurate print out. Okay. And in the question that I.;.posed to you about are all of the available funds for appropriations in the budget and you said, what did you say? Mr. I said correct with the exception of Capital Funds. Mrs. Gordon: Okay, well what about the FP & L Funds? y That's capital; funds. And they're not shown in the budget? Mr. Gar Mrs. Gordon: Mr. Gary: No, they're only shown to the extent that we have anticipated in the budget approximately 3.7 million dollars from that for the General Fund Mrs. Gordon: Well, you correct me if I'm wrong but weren't we told last year that the auditor said that they recommended that the FP & L Funds should be in the General Fund because the debt service that they were assigned to cover had already been paid off? Mr. Gary: I'm not familiar with that, maybe Mr. Gunderson would be more appro- priate to answer that since he deals with the auditors. Mrs. Gordon: Will you answer that? Mr. J. Gunderson: Yes, ma'am. The original opinion of Peat, Marwick and Mitchell was to that affect, it was a recommendation. Upon inquiry and submission to them of a memorandum laying out three alternatives that they had not considered they agreed in a reply memorandum that that could be deposited in the construc- tion fund. 136 Si » •c ►y/s� Mrs. Gordon: Can I have a copy of that correspondence? Mr. Gunderson: Sure, I'll have to dig it out. Mrs. Gordon: Can you send for it and have it here now? Mr. Gunderson: Tomorrow I can get it. Mrs. Gordon: Why can't We get it tonight? Mr. Gunderson: Well, because I don't know where to look in the files, is there. Mrs. Gordon:: u've got to be kidding. Mayor Ferre: What ishe, a filing clerk now too? Mr. Grassie: Do you think he does his own Mrs: Gordon:: Well, I would think he would things of that importance are kept. Mayor Ferrer Well, he'd be a rare man if he does. All right, Dr. Barry, you want to get into your thing now? Dr. Barry: Thank you very much, Mr. Ferre. Lawrence Jessup and I, as you all know, have been here before on several occasions As you may or may not know or remember, we are economic consultants in finance and have operated and have. clients in six states throughout this country. Mayor Ferre: Who are your clients here? iut it filing, Commissioner know where"he keeps things or where Dr. Barry: The client here is Mrs. Gordon, as Commissioner: Gordon has asked; me to come in and for Mr. Jessup to come in and'::to"evaluate the budget once again this year on the basis of.... Mayor Ferre: In other words you've been retained by pose. Mrs. Gordon ,'for. this , pur- °i- Mrs. Cordons That's. right. Mayor Ferre: Have you been retained by the Fire union at the, same time? o, .;sir. Dr. Barry: N Mayor Ferre: This year Mrs Gordon is paying rather than the union. Dr. Barry: Mayor Ferre: Dr. Barry: I have a message tonight which I'd like to summarize if possible which is that although I have been working in the finances of the City of Miami since 1971 that in my opinion, and I will document this fully, the level of mismanagement, of Miami's finances right now is the worst that it has been since 1971 when I first came to this City. Mayor Ferre: Dr. Barry, this is my last interruption, but just for the record I..just want to get this clear.' Are you being paid out of a campaign fund or are you being paid personally by Mrs. Gordon? I assume that will be a matter of public record" and so.... This year ,we're working for Mrs. Gordon. Mrs. Gordon: Mayor Ferre: No, I!m entitled to know that. I'm asking you specifically are you being paid by a politicalcampaignfundor are you being paid personally? L se• e: • Exactly, when I file my report you'll know. Dr. Barry:: Mr. Ferre,,I really don't know. Mrs. Gordon: Mayor Ferre: Personally, out of your personal funds or will he be paid from your political funds? There's nothing wrong with that, I just want to know. Mrs. Gordon: He will be paid from my political funds as part of my need for obtaining accurate information relative to the City's financial structure and 137 SEP 4 •I IVS - --.4 relative to the budget which appears to have great flaws in it and some expertise is necessary for an analysis that would be comprehensive and one that I could offer into the record with an accurate opinion. Mayor Ferre: If you're being paid out of a political campaign fund then I think we could assume that all of your statements are going to be biased and represent a political point of view. Dr. Barry: Mr. Ferre, let me say one thing. Two years ago I came here and said that they didn't need to lay off police, firemen and 167 employees of this community and you voted that they did. Now I want to right this minute volunteer free time to consult on the City of Miami finances if that will make you believe me finally in considering their position. Mayor Ferre: At this stage of the game, Dr. Barry, I don't think if you vol- unteered from here to doomsday that I could accept .you as being an'objective' observer of the scene but go ahead. Look you're entitled even though you're. not a resident of this community, you live in Tampa as I recall, you are on retainer by apolitical campaign and there's no reason why you can't make a political statement, proceed. Dr. Barry: Well, let me go on with my statement then and I do appreciate your comment earlier about allowing one person to proceed at a time. Two years ago this community was faced with what was termed financial disaster which would necessitate the laying off of 167 employees, in fact, those employees received pink slips. Those of you who were on the board at that time are fully aware of that situation. That matter was taken to a panel of judges from Florida International University chosen by the City and those judges ruled four to nothing that Mr. Jessup's and my analysis of the true condition of the. City of Miami's finances was accurate, that, in fact, those layoffs did not need to take place, in fact, that the level of services could be maintained in exchange for the funds that were being taxed from the community. As has been proven by the subsequent financial audit, in fact, the dire consequences that were predicted by the administration at that time have not happened. We were told that for every day that those employees were not laid off it would re- quire more layoffs before the end of the year. Now, as you know, that has not happened. Last year we were told by the same administration that if there were not a reduction in the contractual arrangements with the labor organiza- tions of this community in terms of the percentage raise which had been agreed to voluntarily by both parties in the prior year that there would have to. be layoffs and cutbacks in services or else this community would have a dire fin- ancial condition. At . that time there were illusions made to New York City and to severe urban crises of which we read about in the popular media. Now, as you know, that has not happened either. The City is doing quite well. In fact, I bring to you the word that this community is not in dire financial straits today and I can do this from the basis of some of the continued analyses which Mr. Jessup and I have undertaken since we first came here, I in 1971 and Mr. Jessup several years ago. I can also tell you that that is an accident in many ways of extreme good fortune because as was pointed out by Mr. Gary in his questioning from Commissioner Gordon that this community, this great City in this State the greatest City has been operating for more than eleven months, and I will prove this with xerox copies of the computer printouts, without any accurate idea of revenues that have been received or any accurate idea of expenditures that have been made and that's as recent as the most recent print- outewhich is the 17th of September. Now tonight we explored for the first time really the fact that this administration has no idea of what the fund balance• is and the reason why I say, and I will use words like fictional bud- gets and financial fantasy, is the fact that putting a zero in that budget document for expected fund balance carry over is not the same thing as saying, "We ,don't know what that figure is"._ A. zero has a particular connotation just as much as a 5 or a 10, it says there is nothing expected to be left over at the end of the year. In fact, in the earlier budget that was prepared, the one that came in the brown binder to everyone there was a very brief mention of. the fact that there was an assumption, this is the only mention I've ever seen of this that expected revenue. short falls would be met by expenditure short;falis, just an assumption. That was it, the full discussion of the lack of any financial information in this City.. In fact, all the budgets including the one which is before you tonight was prepared without the benefit being given to the budget department of any financial printout dealing with revenues and expenditures for any period during this fiscal year. I asked when I went to budget and management which have been very honest and open and as they should be and I commend tnem'for.it,'I said doesn't a zero mean as much in this type of a vacuum of information as one dollar? He said yes. As ten dol- fats? Yes. Asa milliondolars, five million dollars, the answer always yes. We don't know what that figure is. Now if you all have been told consistently throughout this year as was attested to by the City Manager that this was 138 SEP 271979 the situation of the City -of Miami then I must tell you iv -comes as news to me. In fact, under this type of a situation as any businessman would know, or corporation, were they to operate that way in the private sector they would be courting bankruptcy. Now let's go on if we may with some of the details of my analysis. Remembering as we go through this analysis that had the original budget been passed two years ago as recommended by this City's administration and if last year's budget message had been believed by this Commission that today the citizens of this community would be paying for $4,000,000 in services which they were not receiving, or to look at it con- versely the citizens of this community were being charged $4,000,000 too much for what they were receiving in return in terms of basic services which is the name of the game as you all are aware - services. That's what makes the City, that's what makes it important to be separate from the County. I would like if you might, to look at some exhibits now that I have to pass out. So as not to dwell on the history, in fact, I've dwelled on the history of what has happened in this City more than I originally intended and the reason why I did that was because of the comment by the City Manager that thehistory tells them that this zero is apparently a good figure and that's why I've gone back again once more reduntantly, Father and others and I'm sorry for taking r. your time, over that history because I think it is important when Mr. Grassie. brings it up as a defense to fully look at it and I'd like though for your own. benefit to take a look at some of the Miami Herald articles that were published at the time of those earlier budget decisions and what was said by which parties. I'd like if you may, do you have the computer printouts in front of you, Commissioners? Mayor Ferre: Yes, in the orange envelope, Dr. Barry. Dr. Barry, you think yourpresentation is going to take this evening? Dr. Barry: Mr.: minutes if that Ferre, I. really don't know, s all right. Mayor Ferre: Well, you know that the''Charter gives the limit all, people that come before us'� to ten ,minutes: I and hope that you will stay within the 15 to 20,minutes You've now :been on for 15 minute, ,you. think: another it? Dr. Barry: Mayor Ferre: Chair the right to, 'm.;going ;to waivethat that you, have mentioned.' 20 minutes will cover Dr. Barry: If you will, the first packet that has an "A" in the upper right hand corner represents, and I take the basic service areas to show you what has been available to various operational parts of this administration from the Peat Marwick and M'tchell famis printout system which was contracted for several years ago. If you will look at the upper right hand corner of that "A" you will find the date of 5/22/79. That's the date of the run which took place so this run for the Police Department was done toward the end of May, 1979 covering the period at the end of February, 1979. You'll notice one thing is very interesting about the first column which is salaries, supposedly and in fact, $12,000,000 of the 01 salaries, 12.39 million dollars of 01 salaries for operations division of the Police was budgeted in that revised annual budget at that time. According to this statement, however, because there's an error in the entry sign that goes with the amount expended current year to date there's more remaining to be spent at the end of the year than was originally budgeted at the revised level. If you'll look at the last column over on the right it shows $12,650,000 left to be spent when only $12,391,000 was, in fact, appropriated. You'll also notice that there is noth- ing shown in the current month as having been expended for police officers in the operations division. But let's see, that's an early run, that was a May run so let's move on down a little bit until a week later, the•29th of May and take a look at the same page and you'll see the same error exists on that page for a month later because that covers the period through April. In fact, that's two months later so the period of 60 days, now this latest print out under famis shows that nothing was spent in that month either and, in fact, nothing had been spent in the previous month either and that the balance remain- ing is still greater than the amount which was in the budget to be expended even though it supposedly covers a period through April 30th. Moving on quick- ly, you'll notice something on the next page which came out on July 7 covering the period through the end of May, this is page 01-156 in the upper corner. It shows in this run that the current month expenditures are greater than the year to date expenditures so that during the month of May according to this printout more was expended for salaries for police officers and operations than, in fact, had been spent year to date. Further on you'll see at the last page here, the one that was run on the 17th something that looks more SEP 7197c 139 reasonable but the question remains are those plus and minus errors still in that last column? No one knows the answer to that because they haven't been reconciled even as late as the 17th of September with less than 2 weeks left to go in the fiscal year. Now to abbreviate my presentation I am just going to say the Fire Department exactly the same errors occur. You can thumb through them yourself, you see the remaining balance greater than the amount appropriated for the full year, nothing being spent in the months involved and then all of a sudden more than half of the expenditure occuring in one month and the final page with the same questions unanswered, is that a real figure or is it not? The third packet, the one that is labeled "C" starts off with a run on ad valorum taxes on the revenue side in the General Fund, a very important revenue source, one that's been discussed considerably tonight. And as you'll notice that on the first page there's no page for ad valorum run because in the run that was done May 12, 1979 for the period ending October 31st the computer had no input or output for the page entitled "Ad Valorum Revenues" so there's nothing that printed out that month for ad valorem revenues. Furthermore, as they set off as you go on through to the last page to the 9-17 computer run of the 17th of this month for the period ending the end of August you see at the bottom line that this computer run shows an over collection of ad valorum revenues of $38,304,493, in other words nearly 100% more than was budgeted originally in the budget 12 months .earlier after much deliberation. What has happened here and hasn't been cleaned out yet is the fact that in this particular run the City management forgot that they included the estimate, they usually included the estimated ad valorum revenues. When the actual receipts came in they forgot that the estimated receipts had been recorded so they added the actual to the estimated and they came out with twice as mar- as they should have so they have a $38,000,000 error as recently as about a week ago in that one revenue fund. Franchise Tax -Electricity budgeted for 33,615,000, that's a transfer from the Franchise Florida Power and Light Fund into the General Fund, if you look at the last page of Packet "D", the print out, you see the full $5,144,000 has been transferred into the General Fund not the $3,615,000 so they entered that particular value wrong and the value of that as well as the value of the 100% error in the ad valorum revenues and the value of all the other errors that I've gone through is the very simple fact that's alluded to in all your audits by Peat Marwick and Mitchell is that the pooled.investment fund which distributes interest among the various funds to whom the cash belongs has to know how much dame from each of the funds. Now when you're reporting to that pooled investment, that $38,000,000 of.non-received moneys should be in it for the General Fund, what does that do to your calculation in terms of dis- tribution of interest earnings? How can you distribute the proper interest to the proper fund to be actuarially or to be in an audit sense correct? If you've sent all the Florida Power and Light franchise revenues to the General Fund, the full in excess of $5,000,000 and none to the Capital Improvements Fund how can the proper interest be divided? .How can the bond covenants so that the interest on bond funds be attributed to the proper bond 'issue? The last packet which is the "E" packet deals with the total General Fund and if you look at the last page, of that ignoring the obviouserrors, the failure to put the budget in the first pages, take a look at the last page, it shows an over collection in revenues of over $20,000,000 by the General Fund. That's not really an over collection I'm sorry to say, no one really knows what that is because there have been over transfers to the General Fund, there have been over statements of what actually was received to the tune of that sizeable amount' for the ad valorem revenues, there have been erroneous reportings of expenditures so we don't really know what the bottom line on the General Fund is, just that it prints out as an excess collection of $20,000,000. Another point worthy of mention besides this, because this all ties in, I hope you realize with the zero so-called estimate, the history of the analysis that tells us that zero is a fairly reasonable figure according to the City Manager would have us to believe that these records are the best available as of Sept- ember with that kind of error. There has been no reconcilliation, we've checked every possible place for it, there hasn't been - that zero is pure fiction. You are being asked to approve a budget in which a major revenue item is fiction. Another point and another problem is the fact that built in in the budget philosophy, and you can ask Mr. Gary about this, or Mr. Grassie's budget philosophy is 100% funding of salaries and fringes. That's true again next year, we've been through this before with you on the excess salary sav- ings of this City. However, next year even though they fund 100% the salary line items regardless of whether those positions are filled during the year they're cutting in half the salary saving assumption to a mere half a million dollars. When we first started in this debate annually that figure was two million dollars assumed in the budget, not it's been reduced to a half a mil- lion even though the salary savings has been over achieved annually in the meantime. Now there is some evidence of this that shows that, in fact, you 140 SEP 2 7 1979 ..w have not been notified of this problem of fund balances. For example, if you will recall the status reports that you received so often last year from Mr. Gary when he had access to computer print outs and financial statements, if you recall last year the first, in June 12, 1978, the mid year budget review which involved a projected balance for all of the funds - projected revenues, projected expenditures, how much the City thought it was going to be over by the time you were at this stage last year, September 25th five such status reports had been presented to you by City administration, five predicting in each of them nearly an ever increasing expected fund balance carry over but nonetheless five projected end of the year positions and now you are given no end of the year positions. You're not given a zero, and I keep making that point, you're given no position whatsoever. Now talking about salary projections because this is, I think, in many ways tests the accuracy of our past work, I want to let you know that we've gone back and audited ourselves from the statements that have been run by the City for previous years and in fiscal year 1977-78 we projected a salary surplus which was, in fact, different from the actual salary surplus generated by $8,883 on a salary base of in excess of $50,000,000. This year we have taken'. although the City has not been able to, we have take the reports, the inter - phase reports and have calculated this year what given the assumption that there is some accuracy in these reports what the expected fund balance at year end will be and we have found that the projected fund balance is with- out the reserve for salary adjustments which has been set aside $3,000,000. That is the projected salary surplus in the General Fund on salaries alone Now that's done with just two pay periods remaining plus one week of ac- crual for the balance sheet left in the fiscal year so we took the inter - phase reports, we took them for early in September, we added the remaining pay periods left to be paid, the accrual for the balance sheet and we came up with a figure of $2,000 more than 3,000,000 and added to that is the re- serve yet untouched and undistributed of $811,000 for salary adjustments which hasn't been.utilized bringing the total, given the available records to 3.8 million dollars. Now the problem with this kind of lack of inform- ation is the problem that it places upon the Commission as the elected repre- sentatives of the people of this great City, the affording of participatory democracy because at least the bad management and bad and embarrassing polit- ical positions. For example, if you take the Police Department Budget on salaries at this time it projects a surplus of 1.1 million dollars by year end this year. Now that means that the tough political decisions about extra`. police officers and other types of constraints in the Police budget are not necessary ifthese figures are accurate and this is the most accurate avail able in the City of Miami at this time so that right now they're projecting a year end surplus in the Police Department of 1.1 million dollars in salary line items. They budgeted for next year at a 100% filled positions in the Police Department and it would be reasonable to assume that without any in- crease in the manning levels in the Police Department that there would be a subsequent surplus generated again next year. Now the issue of Florida Power and Light Franchise revenues unappropriated was touched briefly prior to my appearance here by Mr. Gary and them by Mr. Gunderson where he said that the auditor originally said that they should be closed into the General Fund for use for general expenditures because it was no longer tied up in the Capital Improvement Fund due to bond competence because the Orange Bowl Bonds have been paid off early as we all know. Now, the important point to note is that • they were not equivocating at all in their statement in the audit notes, in fact, Peat Marwick and Mitchell recommended that the Capital Improvements Fund "..be dissolved and the receipt and expenditure of Florida Power and Light Franchise Revenue be recorded in the General Fund. Now what happened was somewhat like what was discussed earlier about contacting the actuary about getting new assumptions and so forth, I don't want to get into that be- cause you've already heard your fill of it no doubt. But then management wrote a letter to Peat Marwick and Mitchell which you know has many consult- ing contracts in the City and they asked them, "Won't you please reconsider?" and they got a comfort letter back having covered Peat Marwick and Mitchell because they were the ones that were notified, the City was notified and made the request, then the City has said, "Okay, you can still do it if you want to." Now what this means to this hearing tonight in all the tough decisions about extra, police and whatever else may be talked about is that not every- thing is being shown. to you in this budget hearing tonight just like last year it wasn't because remember last year when we were in the budget hearing we brought up the Florida Power and Light revenues and I said there was 4.1 million dollars that was not being presented to you that evening for consider- ation that was available, unappropriated and usable in the General Fund for operating expenditures. Mr. Grassie turned around to Mr. Gary behind him and "It's not that much, Howard, how much is it?" He said, "4.5". Well, actually it was 4.4 milli.on dolalrs unappropriated and that money was not appropriated 141 SEP ^ 7 1979 by you for Capital Projects, 4.3 million was appropriated in February 22 of 1979. That money remained unappropriated and, in fact, there is an un- appropriated balance expected in that account for the end of this year and given the amount of money appropriated for operating expenses 3.6-3.7 mil - ion in the General Fund next year there will be an additional unappropriated surplus next year. In fact, counting up and adding in what is expected in terms of revenues conservatively there will be 2.9 million dollars, an appropriated balance from the Florida Power and Light Fund which is not in the budget the Manager has before you this evening coupled with the zero budget or the zero fund balance carried over and all the other assumptions. But that Florida Power and Light money just as the auditor said two years is available, can be used by you for appropriations generally and is not in the budget. Later, of course, a week, two weeks, a month however it may be Feb- ruary again, the Capital Improvements Budget will be brought to you, you'll be told about the money and then you'll be asked to pass on a very small part of the activities. But you're being parceled out pieces of money and that again I'm afraid isproposed in this year's budget by the city Manager. That money is available, that .2.9 million for your appropriation at this time. Mayor Ferre: Dr. Barry, you've got about 3-minutes left so I just want to, so you can wind up. Dr. Barry: Mr. Ferre, if.'I may be permitted to finish what.I have to say I think it would be of value to the City as it has been in the past two years. Mayor Ferre: Dr. Barry, and 1 won't take this time into consideration, asked you about 17, 16 minutes ago how long it would take, you had already spoken for 15 minutes, you said 15 - 20 minutes so I said ' fine, take 20 minutes and I just want to keep you to your word. I want to' tell; you again ;'I'm not limiting you to the ten minutes that I'm entitled to do under the Charter, you are a paid political advisor to Mrs. Gordon and I, think that all. has to be taken into account. So go ahead and make your statement.` Mrs. Gordon: I would like you to know, and every one else that what is being done is a public service. The "paid" that you're referring to is an expense reimbursement and I couldn't afford to hire these consultants at what they generally receive for their services because they are experts in the field and I feelthat the people of this community are entitled to know what our budget is all about and how bad it is and if you don't want to hear it all;I do and I'm sure the people want to know. Mayor Ferre: You have 4.minutes, go ahead. No, sir, not 10 minutes, you've got 4 minutes left. .Go ahead,Dr.- Barry, wind up your statement. Dr. Barry: As much as I can,'I hope it doesn't mean any serious hardship on the City. This permission by Peat marwick and Mitchell is something that has been flagged by the Senate Committees ought to deal with the accounting estab- lishment. The United States Senate published a report on the accounting establishment in 1976 and it said in that along with a letter, and it ties in with a letter, the comfort letter to the City saying going ahead and keep those Florida Power and Light Franchise Fees separate from the General Fund, we changed our mind for you, it says, "The big eight" which by the way includes Peat. Marwick and Mitchell, "firms have seriously impaired their independence by becoming involved in the business affairs of their clients and by advocat- ing their clients' interest on controversial issues." and I suggest you read the, message to this year's audit, the one that's 12 months late. "It appears that the big eight firms are more concerned with serving the interests" - and I'm quoting still from the United States Senate's document - "the big eight firms are more concerned with serving the interest of corporate manage- ments who select them and authorize their fees than with protecting the inter- est of 'the public." Now, I was going to get into great detail and the double dipping argument, I haven't got the time, sorry, in fact, what's happened even though briefly the departments are charged with tort liability insurance by the Self -Insurance Fund transfer of funds for coverage, in fact, when cases like the Rosen Case are solved the money is taken out of the General Fund trans- ferred as it has been in the most recent balance sheet to the Self -Insurance Fund and in addition to the premiums paid by the various departments in the General Fund and it will be paid out when that judgement is finally filed out of the Self -Insurance Fund so that's a double dipping, a double payment. Along the lines of what Peat Marwick and Mitchell talked about in their audit of two years ago where it says that because the audit is not kept in the manner of normal countency it permits itself to be utilized by management and manip- ulated to manipulate the various fund balances. And I tell you right now in this City that the fees that are charged for various positions in various 142 SEP 2 71979 - -*14 departments'by the Self Insurance Fund are 100% transferred over to the Self Insurance Fund, the day one appropriation is transferred at the end of the year even though there have been more than $3,000,000 in vacant positions for which no liability exposure could be generated. And so what we find is a large amount of money going over to the Self Insurance Fund which just like with the pension in the past can at any time be recanted back again because you can say, "Well, we've been paying this extra money in, gee, we don't really need to make as much of a payment this year and as a resultwe can bring money back from the Self Insurance Fund to the General Fund." So basically all I can say is to summarize there are no accurate records in the City dealing with the first 111 months of operation of this City. It is budgeting in the dark, what I call fantasy finance. The zero estimate is erroneous especially in light of the 3.8 million dollar salary surplus projection, the Florida Power and Light unappropriated franchise funds to the tune of nearly $3,000,000 have been omitted from your consideration this evening in this document and a direct violation of an early and strongly worded Peat Marwick and Mitchell regulation. The audit for this past year, the one that was finished twelve months ago was nine months late for completion, it just came out today and some of the entries that went into it were as late as last month. Now if this year the audit is more than 90 days late, if Peat Marwick and Mitchell violate their contract again this year the state under its new laws as pointed out by Peat Marwick and Mitchell have the right to cut off all State Revenue Sharing Funds from the City of Miami if that audit is not in by the end of December, that audit which wasn't finished for twelve months almost this past' year and yet we have no clean runs to start with in the audit process, this administration wants to rush into a budget with an emergency ordinance for quick passage with all these problems without any knowledge of what is going on in the current year much less what should be used as a base for the next year. So a rush for judgement I think is ill advised this year as it would have been in the past had Mr. Grassie's budget been adhered to in either one of the last two years in which we've had these hearings and I wouldsuggest that the millage ordinance be passed but that a 90 day interim roll over budget from 1978-79 be passed by this body so that the administration of this community, this great City can get itself straightened out so we don't lose the State Revenue Sharing money, so we have an audit within the 90 days nec- essary and so that some dangerous occurance financially doesn't happen to this great City.which now has a good financial position only by accident. Thank you very much. Mayor Ferre: All right, thank you, Dr. Barry. of the Commission? Mrs. Gordon: I would move you that we adopt a 90 day interim budget and give the management an opportunity to bring tows an accurate budget during that time. I'll hold the motion until the speaker speaks. Mayor Ferre: Who are you, sir? Mr. Lee Saunders: My name is Lee Saunders, I'm from Washington, the Interna do:al office of AFSCME representing Local 1907 here. Mayor Ferre: All right, Mr. Saunders: Five minutes, Mayor Ferre: That's fine, thank you, long will your statement`. take? is that? ou sir. Mr. Saunders: As:a labor economist from the International Office of AFSCME representing Local 1907 i've had the opportunity to analyze many budgets across the country, county and city budgets including Wayne County Michigan, Nassau County New York, New York City, Detroit, Michigan, Atlanta,. Georgia just to name a few. I must admit that after reviewing past and present Miami budgets and looking at the famis reports which include monthly and actual revenues and expenditures year to date, therefore, in 1979 this accounting system is in complete disarray. Erroneous figures are reported in these famis reports, transfers are made from fund to fund which is sometimes not recorded until well after the transfers have been made. I'm told that these reports are so confusing to interpret by department heads that many are unaware of what funds exist in specific departments and we only have a few more days until the beginning of FY 1980 yet we do not know exactly how much money exists in the fund balances, only 4 more days and we have no idea what money exists in the fund balances Now let me cite some specific examples. According to the famis report as of 8-31-79 117.7 million dollars had been received in revenues in the General Fund. Now projected FY-1979 revised figures were only 97.1 million dollars, in other words the City projected receiving 97.1 million 143 StP 4,IW5 dollars for the full year in Fiscalyear 1979 in revenues yet this report as of 8-31 shows the City receiving 117.7 million dollars. Now that's a differ- ence of 20.6 million dollars and we still haven't completed the full fiscal year. Okay, now one would believe that the revenues have been underestimated drastically but after talking to individuals in the Accounting Department there have been mistakes made, supposedly about a $38,000,000 mistake as Dr. Barry adhered to, and I won't even get into that, but I think you should real- ize again that $38,000,000 - that's a lot of money - there's a mistake that's been made and that has not been corrected in these reports. Now let's look at the expenditure side. Projected FY-1979 expenditures in major categories of the General Fund were 101.7 million dollars and this is what was budgeted for in FY-1979, however, as of 8-31-79 only 63.7 million dollars has been expended, 63.7 million out of 101.7 million dollars.. Okay, now there is a difference there of 37.4 million dollars. Now we only have one more month as of this 8-31 report. There's only one more month of operations in Fiscal Year 1979 and we have a balance in this General Fund of 37.4 million dollars. It looks like there has been some over estimations of expenditures to me, that's what it looks like but again there was an answer in the Accounting Department,, I was informed that specific transfers have not been charged against this account and that the amount there is misleading. Now let's move on to Salary Savings, and Dr. Barry touched on this and I would like to expand a little bit on this. In FY-1979 the City anticipates $1,000,000 in savings from salaries from the salary lapse, in FY-1980 only $500,000 is projected as a savings. Now I think you should realize that the State of Florida has a formula to project salary savings which is 4% of the total personnel cost, that would in- clude salaries and benefits - 4%. Now as far as I can tell from the books there is no formula for the City of Miami yet they still are projecting only $1,000,000 in FY-1979 and $500,000 in 1980. Now if we use that 4% figure and apply that to personnel costs which includes salaries and benefits again for FY-1979 that would represent a savings using the 4% figure which is a conserva- tive figure that would represent a savings for the City of $3,000,000 - $3,000,000 yet the.FY-1980 budget only projects a savings of $500,000. Now these are just a few areas and because the time is late and we've been here for so long I just wanted to outline and high light these areas that are very questionable, there are many more areas that are questionable but I won't even get into those but I think that we should consider something here. This proposed budget calls for layoffs, layoffs'of City employees, approximately 54. Now we're dealing with these figures with this famis report that is not accurate at all yet the pro- posed budget which is historically based on past revenues and expenditures of older budgets as was stated 10-15 years ago, and we're still trying to say that there is going to be 54 layoffs yet we're dealing with some very bad figures and eroneous figures for fiscal year 1979. Normally in formulating a proposed budget a jurisdiction reviews what has been received in revenues and expended in expenditures in past fiscal years. I submit to you that the City of Miami is unable to project revenues and expenditures at the present time (1) because of the confusion that exists in the financial records for this fiscal year and (2) because the final version of the financial statement for FY-1978 has not been published though whether it's drafted out I don't know, I've heard that there is something going to the copiers today but the final version of the fin- ancial statement has not been published. Local 1907 is in the concensus that an interim; budget must be adopted for 90 days to clear this air of confusion and to make efforts to accurately portray the financial condition of this City. all right, Mrs. Gordon? Mr. A- G- Sherman: IfI may, I'd like to address the Commission. Mr. Mayor and members: of the Commission,,my name is A. G. Sherman, I'm President of, the. Miami General Employees Association, AFSCME, 1907... Mayor Ferrel Mr. Sherman, how long are you going to speak? Mr. Sherman: One minute. At the July Commission hearing pertaining to the re- structuring of the Civil Service Rules and Regulations emphasis and concerns were placed by this Commission as trying to implement the Consent Decree and the Affirmative Action Program. The layoffs contemplated by this City in this year's proposed budget severely hampers the efforts which were attained at this meeting by this Commission. Of the 54 positions which are now being con- templated for consideration of termination there are 53 minorities, 26 blacks, 26 Latins, 1 handicapped person, of these there are 14 women. Some of these employees have as many as 17 and.18 years of service with the City. Many of those employees are out here tonight and they come out here and they sit out here because they are concerned for their jobs. I would like to ask this Com- mission to give serious consideration to this and to these employees by keep- ing them employed in their present classification or relocating them into the work force throughout the City in your final analysis of accepting this budget. 144 SEP 2 7 1979 Mayor Ferre: All right, Mr. Sherman, thank you. Counselor, do you have a statement? Mr. Michael Canar: Yes, just a few minutes. I would first like to say after listening to the economists as an attorney I would, of course, have a smile on my face because they are saying that you don't Nava legitimate figures and you're about to propose a budget which, of course, means there is going to be attorney's fees around somewhere. However, I would like to say that earlier in the day I noticed some grimmaces in talking about attorneys' fees when the Commission had to pay $17,000. In the pension suit there was $180,000 worth of attorneys' fees that were just awarded which the City will have to pay and that's a quarter of a million dollars in attorneys fees because of the arbitrary action of the Commission. Why is it that the Commission itself can't take the action to say maybe, just maybe we have a problem? It would not be the first time that City ever rolled over a budget, they have rolled over the budget for the past ten years. To do it again, to act in' a reason able manner to make sure their figures are correct, what is it about that'that`'• is so distasteful that the Commission is willing to subject itself to court suits? You place the attorneys in an untenable position where they,have;no choice but to bring lawsuits against the City, suits that they don't want to bring and all they ask is for the City to be reasonable enough to check the . figures, that is all. Mayor Ferre: Counselor, who do you represent here on the record? Mr. Canar: represent AFSCME Local 1907. Mayor Ferre.. All right,.. thank you. Any other statements at this time? All right, Mrs. Gordon, I'11,recognize you for the purposes of your motion.: Mrs. Gordon: I'll repeat my motion, <;it was. to enact a 90 roll over budget. day interim budget;;': Mayor Ferre: Is there a second to that motion? Is there a second to Mrs. Gordon's motion? Hearingno second, I recognize Commissioner Lacasa for the purpose of making a motion. Mr. Lacasa: I'd like tomove that the budget as presented by the administra-` tion with the amendments; that. we discussed earlier which includes but are not limited to the 2.2 million dollars in relation to the disposal fee plus the $500,000 in social services, the $213,000 in the Day Care, the increase in the. Police Department and the`City Clerk's additional position be adopted by the City Commission. Mayor Ferre: Is there a second to that motion on First Reading? Rev. Gibson: This is the First Reading? Mayor Ferre: Yes, sir. Rev. Gibson: Ail right, I want to makesure that everybody understands that I'm going;: to second this motion and I've said that I want to make sure that Plummer is here so Plummer can participate. A11 right? That's a second. Mr. Lacasa: Under discussion, Mr. Grassie? Mr. Grassie: Yes, sir. Mr. Lacasa: The question has been. raised.. Mrs. Gordon: I would like to announcethat I•.would:be abstaining fromthis: on the grounds that it includes that 5% factor which deals with'the`.rPension., Fund budgeting. Mayor Ferre: Mrs. Gordon, wouldn't': that have. couldn't you have'made,;that statement at the beginning of,this session? Mrs. Gordon: Not being able to predict your unwillingness to' listen to rea son, how could I? Mayor Ferre: You mean the reason of: four union representatives and;; two polit- ically paid economists to give us political advice. Go ahead. Mr. Lacasa: Mr. Grassie, I have a question which might determinetheway I will go as far as my vote is concerned in the Second Reading and this is a question pertaining not only the 54 people that Mr. Sherman was referring to 145 SEP 2 71979 which, unfortunately, includes 53 minorities but also a number of custod- ians that have been laid off by the City and these people have been working for the City of Miami for quite a few years and I would like for you to tell me what the administration intends to do with these people that have devoted this number of years and that are now being laid off with 30 days notice. Mr. Grassie: Commissioner, what we have done in the past and what we've continued to do is to make every effort to find suitable employment for these individuals because we are very much concerned about anybody who has worked for the City and who him or herself in this position. Now what I would like to do, as you said, in order that you have some concrete answers before the Second Reading is to prepare a report for you which would detail the status of all of these positions and I feel confident that, for example, in the case of the employees who are being laid off because of the contract for janitorial services that we will be able to, if they wish to accept employ- ment,we will be able to place at least 75% of those employees in comparable work and I hope that we can do better than that, I hope that we can place, all of them but we're going to make every effort and I would certainly offer that we bring to you a report that specifies exactly what has happened to every person. Mr. Lacasa: Whatabout the other 54 people that have been questioned by Sherman here? Mr. Grassier well,.I would be very willing to include them in that report, so that'you would know exactly what has been done and:.what their circumstances are and I'm 'confident that if people are willing to accept other ernp].oyxnent I'm confident that we can find them adequate. employment at° least in`a"major- Mr. Lacasa: So I will have, in other words, a report by the time that wego into the Second Reading about what is the situation of both the custodians and these 54 individuals is. Mr. Sherman: Mr. Mayor, I' think may be recognized. Mayor Ferre: Mr. Sherman: that number. Mr. Lacasa: I can clarify something for Mr.`Lacasaif' All right, go ahead, Mr Sherman, briefly though. Of the 54, Mr. Lacasa, those 31 custodial people ,are included in Oh, they are included. Mr. Sherman: Yes, ir, but the problem existing is tomorros is their last work day. They have been served noticed of termination, tomorrow is their last work day and so we're' confronted with that problem right now. Mr. Grassie: Commissioner, I really don't think, I can assure you that we're not going to have 54 layoffs. The number of actual layoffs is going to be much less than that, I would anticipate not half of that. But, as I say, by tomorrow I' can give you an exact count of that if you wish and I can also detail for you the continuing efforts that we're going to make so that our hope is that virtually no one will end up without work. Now I think it is the case that people have to understand that, in fact, it is necessary that they accept other work and, you know, if there is no indication that there is ever going to be a layoff, in fact, it gets very difficult for them to get into the frameof mind of searching and helping us to help them but we do want to do that and 1 can give you a report on it. Mayor Ferre: Further discussion on the part of the Commission? If not, call the roll. Mr. Ralph Parks: Mr. Mayor, may I have one minute? Mayor Ferre: Mr. Parks, I'll tell you I'm going to open up Pandora's Box here, if I:let you talk everybody else is going to want to talk and the fact is that the public part of this ii closed the motion that motion was made and we have a second and we're going to vote now. I apologize, after we vote I'll let you make a statement into the record. All right? Go ahead, call the roll. Mr. Ongie: Mr. City Attorney. Mayor Ferre: Would you, Mr. City Attorney, on First Reading read the ordinance as amended? 146 SEP 2 7 19 Mr. Knox: Yes, sir. Asking the City Clerk to delete all references to an emergency status for an ordinance and understanding that the amendments which have been suggested by the Commission will be incorporated into the body of the ordinance. (Thereupon the City Attorney read the ordinance into the public record). AN ORDINANCE ENTITLED - AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBEP 30, 1980; 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 the following vote AYES: Mr. Lacasa, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Plummer. ABSTAINING: Mrs. Gordon. The City Attorney read the ordinance into the record and stated that copies had been furnished to the commissioners and that copies were available to the public. Mayor Ferree All right, Mr. Parks, make your statement. Mr. Ralph Parksc I just wantto bring it, to the attention of the Commission regarding the layoffs. Unfortunately, it isn:t as simple as that tomorrow being the last day, I think all of the Commissioners know or should know that the pension regulations, you had to have ten days notice for retirement. We have been in the position with:some of these people who were slated for a lay- off that they have not known what to do with regard to signing up. If those people are terminated tomorrow it means that they are terminated, therefore, it means they cannot get the benefits of ill time that would be given to any- one being able to retire and these things are also very much in consideration. Mayor Ferre; All right, now we must pass, as I. understand it, a continuing motion on one -twelfth basis so thatwe will then be covered for the period from October 1st to`November 1st, is thatcorrect? Mr. Knox: Mayor Ferre: All right, would somebody make 'such'amotion Mr. Lacasa: Mayor Ferre: Rev. Gibson:, move :it. Mayor Ferre: All. right, Father. Gibson secondsthe motion on a one -twelfth of the previous motion passed for the period from October 1st to November 1st. Is this a simple resolution? Mr. Lacasa Just a minute. Here, I am going to make that motion but I want to add a provision to that and that is that the employees that are going to be laid off tomorrow be retained during this period of this one -twelfth so they are assured that we have them here working during the month of October which in turn will give us the time to accomodate them and save their jobs. Ms. Pat Keller Mr. Mayor, I want to speak on the closing of the pools which is tied in with this budget issue. Mrs. Gordon: Just one moment, please, Pat, I want to ask Mr. Grassie question. Mayor Ferre: Mrs. Gordon, I'm sorry to have torule you out;;. of order, we have a motion on the floor unless it is for the purposes of seconding that motion. Mrs. Gordon: It's relative to the motion. Mayor Ferre: All right, the motion that Commissioner Lacasa made and amended at the same time was that we pass a motion where we will fund one -twelfth of Mrs. Gordon: It's a rollover budget. SEP 2719i 147 Mayor Ferre: ...to include 54 employees to be covered during that month period, in other words they will not be terminated for this month so that they can be placed in jobs during that period of time. All right, is there a second to that motion? Rev. Gibson: Let me ask, are you, wouldn't it be just as simple to say that you retain the status quo for one month? Mrs. Gordon: That's what this motion is, isn't it? Rev. Gibson: No, no, I until, if Mr. Grassie says he's going to make a study and is going to report back - I want you to hear what I'm saying - that means what I want it to. I want to wait until I get a study before I decide whether I want all of that budget of part of the budget. So what I want to do is to retain the budget status quo for 30 days. Do you understand what I'm saying? Do you understand that, Lacasa? In other words don't tell me that you're going to deal with those 54 I want to make sure we're dealing with the entire City staff until such time as the study is made. Mrs. Gordon: That's better, that clarifies any.... Mr. Lacasa: But these are the ones that are being laid off. Rev. Gibson: No, I don't know that - I do not know that. I want to make sure that I know what I'm voting on. I don't want, you know, to stick me here and stick me there. 1 will second the motion if the motion is that we retain the status quo for a period of 30 days for all ernp oyee . Mrs. Gordon: Would you refer to that as a roll over for 30 days? Is that the wording? Rev. Gibson: Look Rose, I don't know your language, I arn talking... Listen, You want rne to second the motion? My motion is to retain the status quo of the employees for the next 30 days. I know what that means. Mx. Lacasa: But the thing is that that is my motion, actually that is mY motion. Mayor Ferre: Then the motion has been made and seconded. Is there further discussion on that motion? Mr. Grassie: One point of clarification, Mr. Mayor. Mayor Ferre: Yes, sir. Mr. rGthe federal That cannot -,apply to CETA•emPloYees, of course, because we are under federal mandate in that case. Mayor Ferre: Well obviously. Rev. Gibson: I can't deal with that. • Mrs. Gordon: I can't hear you, what did you say? Mayor Ferre: He says that under the federal law that does not include CETA people because the law doesn't. permit it. Ms. Keller: Would you repeat that motion again, Mr. Mayor? Mayor is yorFte:drne: Yes, the motion is that the budget for the period between October ti November the 1st, 1979 be on basis divided by 1/12th except that there will be added thereto sufficient money so that no employees presently on the payroll will be laid off during that period. Mrs. Gordon: That wasn't clear, Mr. Ferre, when you said the previous motion passed what were you referring to? Mayor Ferre: The previous motion was the motion that on First Reading adopted a budget which you refrained from voting upon because of your financial con- flict and it is on a 1/12th basis of that plus the money needed so as not to lay off employees during the one month period. Mrs. Gordon: Wait a minute, you'd better ask Mr. Knox about that, I don't think you can do that.. Mr. Grassier Mr. Mayor, one of my staff people has just pointed out a problem SC.Ild .4.1 1J7:-/ 148 . Manager, those moneys aren't in the General Fund are they? that I think we have to deal with. One of the things that is included in next year's budget is all of the contracted for increases, salary increases for all of the employees which take effect the first of October. Now we don't want to be in the position where we can't pay those and if we're operating on last year's budget, of course, we couldn't. Mayor Ferre: We can't operate on last year's budget because we won't be able to pay those increases. That's why it must be on this year's budget divided by 1/12th plus those monies needed not to layoff people. That's the motion. Mrs. Gordon: Mr. Knox, you'd better something you'd better address. Mayor Ferre: Rev. Gibson: Mrs: Gordon: legal. Mr. Knox: talk to this one because this is really Mr.Knox? May 1 ask a question? You'd better let Knox answer this one first because, that's,i What' s your question, Mrs Gordon Mayor Ferre: I', it legal Mrs. Gordon: What the Mayorwants to do is pass year's budget that has not yet been adopted.... Mr. Knox: adopted. a 1/12th of the' forthcoming And your charge it against the budget upon such time as it is Rev. Gibson: All right, let me ask another way. If all of you, I want to hear, doctor, those union people. If all of you are here operating in good faith, and I believe I am, it would be just as easy to take one -twelfth of last year's budget,`_ don't bother with the increase that we promised the union until such time as we have settled this issue and you will get the money retroactive. If you fool around here and do Let me say this, I think I hear what you all`are saying but let me tell you the way I understand run- ning a budget because you know the Church is the only place that you never have enough money. Okay? I would be willing to second a motion to run the government of the:City at last year's rate of pay for 30 days and that as soon as we adopt the budget officially that we then keep our commitment and promise. to you which would be the increase. Do you follow? That would be a simpler way. If you fool around here and get in that other business you may end up,' -you know. That's the way I understand that. Mr. Grassie: •Mr. Mayor, Father, I'd like to convince you if I could to work on the basis of next year's budget rather than the current year's budget, there is.another reason other than the one that I gave you about the contracted increases which we would like tp give in terms of our contract, we also have about 175 CETA employees who are terminated by federal law at the end of this month. Now those 175 employees are budgeted to be picked up in the General Fund but those are positions that are budgeted not this year, they are bud- geted in.. next year's budget and I don't want to be in the position of not being able to provide employement for those 175 people. Rev. Gibson: Mr. Grassie: ;'Yes, sir. You see, what is happening, Father, is that their eligibility under CETA is terminating so we have to lay them off but we are picking them up in the General Fund, what we've tried to do is incorporate those people, as many as possible in the General Fund and those are in the General Fundnext year and I don't want those people to be out on the streets if I can help it. Rev. Gibson: Well, I have some problems. All right, let me say why I have a dilemna. Okay? Mr. Lacasa, if you're going to get this second you and Mr. Grassie had better listen. Mr. Lacasa: was making sure that..... Rev. Gibson: All right, tell me how I. do, this. Okay? 1 want the people who work forthe City except the CETA employees to be paidat last year's rate of pay for one month. ,At the, time we have adopted the budget and settled this 149 SEP 2 7 19/i matter we will go and give you that money that we promised you. All right? That's one way. In the meantime since the federal government has already given you X number of CETA workers and you're going to transfer them it seems to me that a provision could be made that those people are taken care of separately. The danger I see is suppose Plummer does not go for that bud- get, we'd be in trouble. Mrs. Gordon: Isn't there money in the budget for the CETA employees as well? Mr. Grassie: There is provision in the General, Fund for approximately 175 positions which are transitioning from CETA to the General Fund but those positions exist in next year's budget. So in order that those people not be laid off without any alternative to move into the General Fund we have to have next year's budget. Now you know as I understand the motion of Commis- sioner Lacasa it simply was.... Rev. Gibson: Let me ask you this.... Mrs. Gordon: Well let him answer my question, that was that you really don't know how much money there isbecause that was proven. before and I want to ask you if you're -going to answer any of the charges that were made before, Mr.' Grassie? Mr. Grassie: Mrs. Gordon' ing when you Rev. Gibson: same staff Of Rose.... We'd be happy'to answer in writing any comments that we receive. Well, they're all 'in the record so`I guess you can get :the -Clerk to give you that information.. start answer Let me ask the question this way: if we agree to retain the people, at the same rate of pay would that keep usout of troub and yet see toit that those 54 people are not laid. off? Mrs. Gordon:' What happened to the custodians also, answer that? e Rev. Gibson: Well this one.. thing, retain the same staff of, people at the same rate of pay and after you would have settled this matter permanently you just go back and them the unpaid balance. Mrs. Gordon: Yes, but what "happens ance thatwas handled • last time?; to that contract for custodians Rev. Gibson: Well, he said that, these people by andlarge or absorbed elsewhere, isn't that what you said, sir? Mr. Grassie: Not within the City, but yes, they will receive other employment, they will receive the opportunity for other employment. Mrs. Gordon: Opportunity, well, that doesn't guarantee them anything, opportun- ity. Opportunity is available always but there's no guarantee. Does the, for the maintenance, that contract that was agreed upon, is that going to become effective beginning October 1st? for .mainten Mr. Grassie: That was the way you approved it, yes. will be transferred Mrs. Gordon: I,didn't,`that's the way the Commissioners did but not me. What I want to know is what happens to those people who have been doing that work, you know,' with this roll over budget and everybody else being intact, are they in tact too? Mr. Grassie: The intent of the City Commission, as I understand Commissioner Lacasa's motion is to approve the new budget on a 1/12th basis and to include in it funding for the positions which would otherwise be laid off for a period of 30 days, that transition period. Now that's what I understand the motion to be. Mr. Lacasa: In order for you, the administration to place these people on a permanent basis, that is the reason why we want them to stay here 30 days, not just to give them 30 more days of salary but to keep them and give you 30 days to work so they can be placed on a permanent basis, that's it. Mr. Grassie: Towards finding them other employment, that is correct. Rev. Gibson: Mr. Lacasa, I talked with, I don't mind acknowledging when I don't know, I ask people who do. I talked with a labor union lawyer who said that the term that would satisfy them would be to roll over the budget for 30 days and that will keep them out of trouble. Isn't that what you told 150 SEP 2 'l ICI$ me, sir? If.you make that kind of a motion I'll second Mr. Lacaea: Okay, just a minute. Roll over the budget, you mean roll over the 1978-79 budget for the month of October? Do you mean the entire budget of the City of Miami? No. We pass a resolution on First Reading adopting the new budget for 79-80, this has nothing to do with the whole budget of the City of Miami. This has only to do with the question of the 54 employees that are being laid off. What I am willing to roll over is the 1/12th funding to the salaries of these employees that are going to be laid off and this has nothing to do with the rest of the budget of the City of Miami. . Rev. Gibson: But what I understand them that that will take care of those people adjustments that are supposed to be made could give you that back pay or whatever to say, if and in the after, once that money, I'm not right correct me meantime if the salary we settle the matter we isn't that right? Mr. Sherman: Mr. Gibson, what the City Manager is saying is that you have 31 custodial'people with this Commission a little over a month approve the Second Reading of accepting outside contractual custodial services, consequently, there is not money appropriated for these 31 positions in the new budget so if you go into the new budget there is not money really appropriated unless this Com- mission to fund money to maintain these personnel until we are able to relocate them. , ::: : ;„ ,, , ,: , :]:; : , , , : , ! ; , : : ; :; ' '' '• • ' ,, _ :, : , .,:::,•:,t, ,,i:,:, ::: rev. Gibson: The sthe.r.O11,oyer is the thing to do. Mr. Grassie: No, sir, of this: For, example', I don't think that you have asked.:the-Fird,:Fighters:.whether.they are - going to be willing, to - _ accept a-,,delaS,::iiiri their inCreaee:,:foi..:amonth. Mr. TeeMS: And we are not, Father. Let me tell you why. okay? The adminis- tration has not answered one of the:allegations put before them tonight and „--: good faith is a two-way street. You know I believe in good faith, I've dealt with you quite . while now but good faith is a two-way street, Father, and unless -Some of those allegations are answered and unless I'm assured that we have the:budget:problems that the edrrinistration says they have I'm not will- ing to roll over one mCnth of 1979.::, Rev. Gibson: Mr. Manager? Mr. Grassie: Sir? Rev. Gibson: Okay, answer't14e'forme: take care of them and pay them their money. Okay? That we pr?Mised them. ,Let's.make sure these people are Mr. Grassie: We can do both of those things. Rev. Gibson: All right, now you tell me how that's done. I'll tell you why I want to do that. Just like, you know, I'm beginning to learn something. I don't want you all to forget this night now. You know, this is a two-way street. You hard nose me tonight don't feel bad when I hard nose you tomorrow. All right, tell me how to do what they said, pay them on time, don't have them to wait and yet take care of those folk. Mr. Grassie: You can do that by seconding, Commissioner Lacasa's motion, Father. Rev. Gibson: All right, I'll second Leoaeale motion. I want to take care of you, my brother. Mayor Ferre: All right, further discussion? Call the roll, please, and no more discussion by members of the public. We have a motion and a second, you're not voting, Mrs. Gordon. Mrs. Gordon: Clarification, is the allocation for the month of October based upon the 79 -SO budget or the 78-79 budget. Mayor Ferre: 79 -BO budget as amended to include all the 54 people that are Mrs. Gordon: But it includes the 5% for the pension, is that correct? Mr. Grassie: That's correct, Commissioner. Mayor Ferre: Yes. rt 151 SEP 2 17,9 A11'right+ then I must abstain. Mayor Ferret ',•' All .'right then we'have a•motion and a cussion? 'Call the roll. Do you have to read it? Mr. Knox: Mayor Ferrer Rose, you'd better stick around. Point it out.; Mr. Knox: In order to make any appropriations an ordinance is required. In order to make sure that there are funds to operate the City after September 30, 1979 it would, therefore, be necessary to adopt an emergency ordinance. In order to adopt an emergency ordinance it requires a 4/5 vote. After Sept- ember 30th the City is not authorized to make any expenditures to cover its current expenditures absent an authorization by appropriations ordinance of funds to do so. Mayor Ferrer All right, now let me tell you where we are at. Rose, listen to this if you would, please. I want you to listen. I just called Commis- sioner ;Plummer's"home _ to ask him to come down here to be the 4th vote. He has been taken to the hospital with 105° fever so obviously we're not going to have Plummertomorrow to pass anything until he gets out of the hospital, God willing soon. ',think where this leaves us is in a legal hiatus that unless Mrs. Gordon votes with us this City will not have any funds to pay anything on Monday. Mrs.:Gordona If-, Mr. Mayor, you will be reasonable as every other year this Commission has been reasonable and have rolled over the previous year's bud- get for that period of time you would have my vote but you cannot have my vote -and put me in jeopardy on a financial basis so, therefore, it's your prerogative and not mine. Mr. Grassie: I wonder, Mr. Mayor, whether it would help because I think Com- missioner gordon raises a good point, this City Commission has never adopted a policy with regard to the liability of its members. It seems to me reasonable in view of the self -Insurance position that the City has taken in the past that you adopt:a.policy of this Commission that the City indemnifies its members, that is the five elected members, from any suits brought against them for acts which are carried out in a legitimate discharge of their obligations. I think that is a reasonable posture for you to take and I would think that we should do it regardless of the discussion today, it should be a position of the City that it will defend its elected members against suits. Mrs. Gordon:. I: don't choose to spend time in court, Mr. Grassie, irregardless. I don't intend'_to'put my time into defending myself or being defended in a court suit. UNIDENTIFIED SPEAKER: Don't you have to give notice to do that? Mayor Ferre: Notice to do. what? Mr. Grassie: No. UNIDENTIFIED SPEAKER: No, you asked them to indemnify. Mayor Ferre: That we could pass on`:a simple majority, that removes Mrs. Gordon's financial, the reason why she can't vote, for financial reason so I think that reallysolves the problem. a``Self-Insurance question? Mrs. Gordon: I'm sorry, but my confidence level in this administration is very low and I am not willing to risk my` personal finances with that assurance. Mayor.. Ferre: Well, if you don't do that then you're going: to have 55 people that won't be working tomorrow and it's going to be your fault. Mrs. Gordon: If you rollover the budget for 78-79 - you're misleading these people, they are on board now'and they will stay on board so don't mislead people, Maurice. Mr. Grassie: Commissioner, please understand that it is a serious question. Mrs. Gordon: Sure it SEP27• I 152 Mr. Grassie: We have a `ihor 17S people that will he of q work on the rivet of October. Mayor Ferret Wait a minute, Joe, what does it really matter? What does it really matter? What are we doing here? i mean we're playing, you know she's playing politics, that's obvious but why should we play politics? What's the difference? What do we care if we get a 4/5 vote and get this thing over with for the next, financially it doesn't make a bit of difference, does it? Mr. Grassie: Well, aside from the 175 positions, 175 people with some work. Mrs. Gordon: How did you keep them last year, M until December? we have to provide those Grassie, when you kept Mr. Grassie: Commissioner, they are now being paid through CETA, you know, the City is not paying them directly. They are on a,CETA payroll, we're transitioning them to the General Fund, if we don't have positions for them after the first of October those people are out on the street. Mrs. Gordon: You know and I know that you don't know how much money we've got or don't have so look, let's fact reality, you make it sould like you know much money the City. the City has. UNINTELLIGIBLE CONVERSATION. Mrs. Gordon: you? Mayor Ferre: - Let me turn it off and make"sure it's off. In view of the fact;; that obviously Mrs. Gordon and -her political games, is not going to vote and we need a 4th vote. to have a 4/5 vote, to save: these people that are here that have been here all day on the verge of losing their jobs tomorrow I certainly am not going to do what she is:doing and just play this upsmanship when it doesn't mean a damned thing. I have no objections and no problems in accepting a roll over of the-78 budgetfor a: -One month period, I've got no problems with that. Mrs. Gordon Why don't "you use your microphone, Maurice, so Grassie.... Mayor Ferre: And that way we don't have to have a crisis that we would otherwise due to your stubbornness.. Mrs. Gordon:' Mr. Grassie,_ would. you answer: one, question; please? If you're placing175 some CETA employees into regular jobs how come you're letting these 50-some odd people off, regular employees? How come?-; . Mr. Sherman: Mrs. Gordon:': service, what kind of business is that? Mr. Grassie: Commissioner,, the only answer to that sort of thing is an analysis of every transfer which has; been made which we can show you. What the depart- ment has ;been 'in the process of for more than five months is to accomodate as many skilled employees depending on what they've been doing with vacancies. Now, whether or:not you:can transfer somebody into a vacancies depends on whether the vacancy exists and when it is determined which CETA employees get trans- ferred"is`very simply the vacancies that have existed. Now the vacancies have been, *:,propose to fill them with CETA employees. The fact is that the kind of employment that you're talking about which is custodial is exactly the kind of position which has been eliminated in many City departments and there sim- ply have not been vacancies for that sort of work. UNINTELLIGIBLE CONVERSATION Rev. Gibson: Mayor Ferre: Rev. Gibson: budget for 30. Mrs. Gordon: Mayor, I'd like to offer a motion. All right, the previous motion has been withdrawn, Father Gibson? Mr. Mayor, days: Rev. Gibson: Roll over, I'd like to offer a motion that we roll over this SEA 'i 679 Mrs. Gordon: Yes, :that Me4ani they're on board. Okay. • . • , Rev. Gibson: Roll over is you're going to stay where you are for 30 days.. ,. Isn't that what the union people toldme? Mrs. Gordon: All right, I'll second your motion. Mayor Ferre: Is there a second on that motion? Mrs. Gordon: Yes. Mayor Ferre; FUrther discussion on -that.motion? • Mrs. Gordon: land only, again for' the point, of clarification there be no misunderstandingthat We are rolling- over, the 1978 -79*budget for 30 days UNIDENTIFIED SPEAKER: As an emergency measure. , Mrs. Gordon: As an emergency measure. Okay, there's no inisun erstandinq then. Mayor Ferre: Well, what happens is this, sowe understand what we're doing. When Plummer Comes back and as soon as he's available and I call a Special Commission Meeting and we read on Second Reading. the full budget for next year at that point that new budget substitutes for this one. Okay? So you go lickety split on this and get that. thing ready as quickly as poss- ible because I will call a Special Commission Meeting in the next two or three days so that we can get the Second Reading on.the other one. Okay? And at that point we will have a 4/5 vote anyway hopefully and then we will be then in three days where we are today. Mrs. Gordon: How do you know how Mr. Plummer is .going to vote, have you , asked him? - • • Mayor Ferre: I'm assuming hes going to have the earilekind of sense that • . most of us have around here. Mr. Lacasa: Mr. Mayor, just for,clarification,the.resolutionwe pass On, • First Reading tands and then'when-We have the Second Reading,that_:takes, effect immediately?. . ' : • • , • • * . Mayor Ferre: • . , • Mr. Lacasa: Let me tell you why I am concerned now.... Mayor Ferre: ExcUse.me,*before you get into that here's the legal - now George, listen to this to make sure I'm saying it right - this is the legal • procedure, We're now going to adopt the budget and hopefull it will pass with. a 4/5 vote. Okay? If it is an emergency we will then have two votes, it will pass. Now, you go and prepare all these things that need to be prepared and when Plummer is out of the hospital I will call a Special Meet- ing and we will at that point pass on Second Reading the previous budget that we moved as amended. If we get 4/5 on that one then we will pass it on an Emergency basis and it will be passed immediately and will be effective immediately. If we don't get 4/5, if we get 3/5 we then live with this for the rest of this month and it will go into effect at the end of 30 days pro- vided that Gibson still votes for it and Lacasa still votes for it and Plummer votes for it or I vote for it. Okay? Now, that being clarified call the roll. Mr. Lacasa: What will happen to the Day Care Program that is now being funded with Federal Revenue Sharing moneys? Ferre:Mayor Everything is rolled over including Day Care, everything. Mr. Grassie: Yes, it. isin,the Federal Revenue Sharing allocation but it is part of the General Fund. Mr. Ongie: It's an ordinance. Mr. Knox: They haven't completed the body o! the ordinance Yet. They have to fill in the amounts that would be appropriate using the 78-79 budget. Thereupon the Commission deferred voting on the ordinance until it could be completed and took up other items in the meantime. 154 SEP 2 7 1Ji9 32. EMERGENCY ORDINANCE: AMEND SECTIONS 1 & 6 of 8858 - INCREASE APPROPRIATIONS IN TIIE AMOUNT OF $1,879.00 to REPLACE STOLEN TYPEWRITERS. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTIONS 1 AND 6 OF ORDINANCE NO. 8858, ADOPTED SEPTEMBER 28, 1978, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1979, AS AMENDED, BY INCREASING THE APPROPRIATION FOR THE GENERAL FUND, PLANNING DEPARTMENT, IN THE AMOUNT OF $1,879 FROM A REIMBURSE- MENT THROUGH THE SELF INSURANCE TRUST FUND FOR THE PURPOSE OF REPLACING STOLEN TYPEWRITERS; ENCUMBERING SAME AMOUNT FOR SAID EXPENDITURE; CONTAINING A REPEALER PROVISION, is SEVERABILITY CLAUSE AND DIS- PENSING 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 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 Rose Gordon CommissionerArmando Lacasa Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor J. L. Plummer, Jr. Whereuponthe Commission on motion of Commissioner Lacasa and Commissioner Gibson, adopted said ordinance by the following 'vote AYES: Commissioner Rose: Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Mayor: MauriceA.. Ferre NOES:. None. ABSENT::: Vice -Mayor J. L. Plummer, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8986 The. City Attorney read the ordinance into the public record an announced that copies were available to the members of the City Couunis- sion and to the public. 155 SEP 2 7 1J/9 • 33. EMERGENCY ORDINANCE: AMEND SECTIONS 1 & 6 OF 8858 - INCREASE APPROPRIATIONS IN VARIOUS AMOUNTS IN ENTERPRISE FUND, IN INTRAGOVERNIIENTAL SERVICE FUNDS TO OFF -SET CHARGES FOR P.O.'S ISSUED IN FY 77-78. s AN ORDINANCE ENTITLED -- AN EMERGENCY ORDINANCE AMENDING SECTIONS 1, 3, AND 6 OF ORDINANCE NO. 8858, ADOPTED SEPTEMBER 28, 1978, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1979, AS AMENDED; BY INCREASING THE APPROPRIATIONS FOR THE ENTERPRISE FUNDS IN THE FOLLOWING• AMOUNTS: MIAMI STADIUM, $46,000; ORANGE BOWL, $5,135; MARINE STADIUM, $43,393; MELREESE GOLF COURSE, $2,093; BY INCREASING THE APPROPRIATIONS FOR INTRAGOVERNMENTAL SERVICE FUNDS IN THE FOLLOWING AMOUNTS: PROPERTY MAIN- TENANCE, $16,927; COMPUTERS AND COMMUNICATIONS, $11,381; AND BY INCREASING ANTICIPATED REVENUES IN THE SAME AMOUNTS, RESPECTIVELY, FROM THE RETAINED EARNINGS OF EACH ACCOUNT TO OFFSET THE CHARGES FOR PURCHASE ORDERS ISSUED IN FISCAL YEAR 1977-78 AND PAID IN FISCAL YEAR 1978-79; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 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 Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor J. L. Plummer, Jr. Whereupon the Commission on motion of Commissioner Lacasa and seconded by Commissioner Gibson, adopted said ordinance by the following vote- Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES ,, None. ABSENT Vice -Mayor J. L. Plume Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8987. The City Attorney read the ordinance into the publicrecord an announced that copies were available to the members of'the City Commis- sion'and to the public. 156 SEP •4 " ���� 34. SECOND READING ORDINANCE: AMEND SECTION 2 OF 8977, CIVIL SERVICE RULES & REGULATIONS, IN ACCORDANCE WITH COLLECTIVE BAF.3AINING LABOR AGREEMENTS. Alg AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE NO. 8977, ADOPTED JULY 24, 1979, ENTITLED: • "AN ORDINANCE REPEALING ORDINANCE NO. 6945, AS AMENDED, IN ITS ENTIRETY, AND SUBSTITUTING THEREFOR, A NEW ORDI- NANCE APPROVING A NEW CODE OF CIVIL SERVICE RULES AND REGULATIONS AS HEREINAFTER SET FORTH; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE." BY ADDING AN UNNUMBERED PARAGRAPH TO SECTION 11.1 AND TO SECTION 15.3 OF SAID NEW RULES; BY ADDING THE FOL- LOWING SECTIONS TO THE SAID NEW RULES: SECTION 8.18, SECTION 12.8, SECTION 14.13, SECTION 15.12; BY PROVID- ,ING THAT CITY EMPLOYEES IN A COLLECTIVE BARGAINING UNIT MAY BE APPOINTED, PROMOTED, ADVANCED, TRANSFERRED, AS- SIGNED, LAID OFF, CONSIDERED TO HAVE RESIGNED OR TO HAVE BEEN REINSTATED, DISMISSED, SUSPENDED, DEMOTED, ALL IN ACCORDANCE WITH THE PROVISIONS OF AN APPROPRIATE COL- LECTIVE BARGAINING LABOR AGREEMENT; FURTHER PROVIDING THAT THOSE EMPLOYEES DESIGNATED AS "MANAGERIAL" OR "CONFIDENTIAL" BE PROVIDED WITH ACCRUED SICK LEAVE, COMPENSATION FOR UNUSED SICK LEAVE, AND THE USE OF SICK LEAVE IN ACCORDANCE WITH THE TERMS OF A SPECIFIC COLLECTIVE BARGAINING LABOR AGREEMENT; FURTHER PROVID- ING THAT EMPLOYEES IN A COLLECTIVE BARGAINING UNIT BE COMPENSATED FOR UNUSED SICK LEAVE, HAVE SICK LEAVE CON- VERTED TO VACATION TIME, AND HAVE TIME OFF WITH PAY IN ACCORDANCE WITH THE PROVISIONS OF AN APPROPRIATE LABOR AGREEMENT; CONTAINING A REPEALER PROVISION AND A SEVER - ABILITY CLAUSE. Passed on its first reading by title at the meeting of September 13th, was taken up for its second, and final reading by title and adoption. On motion of Commissioner Lacasaeconded by Commissioner Gordon, the Ordinance was thereupon; given itssecond.,andfinal reading by title and passed and adopted by -the following vote: AYES: Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. BSENT: Vice-Mayyo�rJ.'L. Plummer -Jr. THE ORDINANCE WAB DESIGNATED ORDINANCE NO. 8968. 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. SEP 2i197 S• 35. FIRST READING ORDINANCE: AMEND SECTION 38-16 - PROVIDE FOR INCREASED FEE CHARGED FOR THE ISSUANCE OF IDENTIFICATION CARDS BY THE POLICE DEPART:1EUT. 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. Was introduced by Commissioner Lacasa and seconded by Commissioner,` and passed on its first reading by title by the following vote - AYES: Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Mayor Maurice Ferre NOES: None. ABSENT: Vice -Mayor J. L. Plummer, Jr. 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. 36. FIRST READING ORDINANCE: ESTABLISH AUTHORITY TO DEPOSIT AND DISBURSE INTEREST FROM MONIES WHICH ARE IN CUSTODY OF THE POLICE DEPARTMENT - CONVERT UNCLAIMED ! ONIES F_tOM ESCROW INTO THE GENERAL FUND. 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 BEAR- ING 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. Was introduced by Commissioner Gibson and seconded by CommissionerLacasa and passed on its first reacting by title by the following vote- " AYESi. Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Mayor Maurice NOES: None. ABSENT: Vice -Mayor J. L. Plummer, Jr. 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. 158 SEP 2 7 1979 AYES: 37. FIRST READING ORDINANCE: AMEND SECTION 54-6 OF THE CODE - PROVIDE A FEE FOf1 THE ISSUANCE OF PERI''ITS TO HOLD PARADES AND PROCESSIONS UPON PUBLIC THOROUGHFARES. 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 ESTABLISHING STANDARDS UNDER WHICH PERMITS ARE ISSUED FOR HOLDING OR CONDUCTING SUCH PARADE OR PROCESSION; FURTHER PRESCRIBING THE FILING AND THE CONTENTS OF AN APPLICATION FOR SUCH PER- MIT; ESTABLISHING A FEE TO COVER THE ADMINISTRATIVE COSTS INVOLVED IN THE ADMINISTRATION OF THE PARADE OR PROCESSION PERMIT PROCEDURE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Gibson and seconded 'by Commissioner and passed on its first reading by title by the following vote - Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Mayor Maurice . Ferre NOES:' None. ABSENT: Vice -Mayor J. L. Plummer, Jr. 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. 38. FIRST READING ORDINANCE: AMEND SEC. 54-3 OF THE CODE TO PROVIDE A FEE FOR POLICE AND FIRE PERMITS TO OBSTRUCT ANY STREET, SIDEWALK OR IIIPEDE TRAFFIC. 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. Was introduced by Commissioner Gibson and seconded by Commissioner Lacasa, and passed on its first reading by title by the following vote AYES: Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson. Mayor Maurice . Ferre NOES: None. ABSENT: ":Vice -Mayor J. L. Plummer, Jr. 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. 159 SEP 2'11979 rt 39. FIRST READING ORDINANCE: CREATE CHAPTER 69 OF THE CODE - "THE BURGLARY AND ROBBERY ALARM ORDINANCE." AN ORDINANCE EN'rITLED- AN ORDINANCE "BURGLARY AND ROBBERY ALARM ORDINANCE"; PRO- VIDING 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: PROVIDING THE POLICE DEPARTMENT WITH 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 INSTALLATION OR MAINTENANCE OF ALL AUTOMATIC TELEPHONE ALARM DIALING DEVICES WHICH TRANSMIT OVER TELEPHONE LINES EXCLUSIVELY USED BY THE PUBLIC TO REQUEST EMERGENCY SERVICE FROM THE MIAMI POLICE DEPARTMENT; 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 the following vote - AYES: Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Mayor Maurice . Ferre • NOES: None. ABSENT: Vice -Mayor J. L. Plummer, Jr. 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. 40. TEMPORARY DEFERPAL OF FIRST READING ORDINANCE: PROVIDE FOR A FEE - ADPMINISTRATION OF SPECIAL OFF -DUTY POLICE SERVICES TO PRIVF.TE PERSONS OR FIRMS. Mayor Ferre: We're on Item 23. Mrs. Gordon: This item in my opinion.... Mayor Ferre: You've got a problem with that? Mrs. Gordon: Yes. us on this item. Mayor Ferre: Wait a minute, if it islcontroversial we 11 come back. only do things, that we can pass without fighting, if we can't.... Mrs. Gordon: We aren't going to fight, All right, go ahead. Mayor Ferre: Anything that is going to require all that let's just leave for another day. Mr. Grassier We can just table it if Mayor Ferre: Well, let's just leave if we can pass this thing quick. I'd like to ask Mr. Sullivan if he would want to address Let'' a lot: of talk and .fighting and you wish and bring it back. it for now, we'll see what happens later, 160 SEP 27`lyy rt 41. FIRST READING ORDINANCE: AMEND SEC. 43-8 - INCREASE FEE FO:: TAKING AND FURNISHING FINGERPRINTING, ETC. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 43-8 OF THE CITY OF MIAMI, FLORIDA, RELATING TO CERTAIN FEES CHARGED AND SERVICES FURNISHED BY THE POLICE DEPARTMENT; PROVID- ING FOR THE INCREASE OF THE FEE CHARGED BY THE POLICE DEPARTMENT TO PERSONS FOR THE TAKING AND FURNISHING OF FINGERPRINTS TO SUCH PERSONS FROM FIVE DOLLARS TO EIGHT DOLLARS; PROVIDING FOR A FEE INCREASE OF EIGHT DOLLARS TO TWELVE DOLLARS WHEN THIS FINGERPRINTING SERVICE IS PERFORMED OUTSIDE OF THE POLICE DEPARTMENT; PROVIDING FOR THE FURNISHING OF A PHOTOGRAPH FOR A FEE OF FIVE DOLLARS' PROVIDING FOR THE COLLECTION OF A SIGNATURE NOTARIZATION FEE OF FIFTY CENTS; MAKING IT UNLAWFUL TO FURNISH FALSE INFORMATION; CONTAINING" A REPEALER PROVISION AND A SEVERABILITY CLAUSE.. Was introduced by Commissioner Lacasa and seconded by Commissioner and passed on its first reading by title by the following vote - AYES: Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson'. Mayor Maurice Ferre NOES: None. ABSENT: Vice -Mayor J. L. Plummer, Jr. 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. 42. FIRST READING ORDINANCE: REPEAL SECS. 39-6 AND 39-7 - PROVIDE NEW PROCEDURES ARID RENTAL RATES AT MUNICIPAL AUDITORIUM AND COCONUT GROVE EXHIBITION? CENTER. AN ORDINANCE ENTITLED - AN ORDINANCE REPEALING SECTION 39-6 OF THE CODE OF THE CITY OF MIAMI, AS AMENDED, IN ITS ENTIRETY, WHICH PER- TAINS TO PROCEDURES AND RENTAL 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 NONREFUNDABLE CASH RESERVA- TION FEE EQUAL TO ].0% OF THE BASIC RENTAL FEE WITHIN 10 WORKING DAYS FROM THE DATE OF BEING SENT CONFIRMATION THAT A RESERVATION OF DATE(S) HAS BEEN MADE; IDENTIFY- ING THE DINNER KEY RECREATION CENTER/EXHIBITION HALL AS "COCONUT GROVE EXHIBITION CENTER"; BY INCREASING SPECI- FIED FEES FOR RENTING OF VARIOUS AREAS WITHIN THE AUDITORIUMS, AND FURTHER INCREASING CERTAIN SPECIFIED FEES DETERMINED BY THE TYPE OF EVENT BEING HELD; BY ESTABLISHING SET UP COSTS FOR LABOR AND MOVE -IN AND MOVE -OUT FEES; 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 the following vote AYES: Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Mayor. Maurice NOES: None. ABSENT: Vice -Mayor J. L. Plummer, Jr. 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. SEP 2 71979 161 43. APPROVE SUM OF $10,000 FOR THE FIRM OF "E.H. FRIEND & CO." FOR THE PURPOSE OF PROVIDING CITY WITH A CASH FLOW ANALYSIS OF FUNDING REQUIREMENTS FOR THE MIAMI CITY EMPLOYEES' RETIREMENT •PLAN. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 79-659 A.RESOLUTION APPROVING THE EXPENDITURE OF A SUM NOT TO EXCEED TEN THOUSAND ($10,000.00) DOLLARS TO THE ACTUARIAL FIRM OF EDWARD H. FRIEND & COMPANY FOR THE PURPOSE OF PROVIDING A CASH FLOW ANALYSIS OF FUNDING REQUIREMENTS FOR THE MIAMI CITY GENERAL CMPLOYEES' RETIREMENT PLAN. (Here follows body of resolution, omitted here and on file. in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was adopted by the following vote AYES: NOES: None. ABSENT: Vice -Mayor J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferre 44. APPROVE EMPLOYMENT BY THE BOARD OF TRUSTEES OF THE GENERAL EMPLOYEES' RETIREMENT PLAN OF THE FIRM OF COOPERS & LYBRAND TO PERFORM STUDY ON ALL BROKERAGE TRANSACTIONS COMPLETED. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 79-660 A RESOLUTION APPROVING THE EMPLOYMENT BY THE BOARD OF TRUSTEES OF THE MIAMI CITY GENERAL EMPLOYEES' RETIREMENT PLAN OF THE FIRM OF COOPERS & LYBRAND TO PERFORM A STUDY OF ALL BROKERAGE TRANSACTIONS COMPLETED PURSUANT TO THE DIRECTION OF THE INVEST- MENT ADVISORS EMPLOYED BY THE BOARD OF TRUSTEES OF MIAMI CITY GENERAL EMPLOYEES' RETIREMENT PLAN COMMENCING JANUARY 1, 1974, UP TO AND INCLUDING THE DATE OF THIS RESOLUTION: PROVIDING FURTHER FOR AN EXPENDITURE OF A SUM OF MONEY NOT TO EXCEED FIVE THOUSAND ($5,000.00) DOLLARS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner adopted by the following vote AYES: NOES: None. ABSENT: Vice -Mayor Gibson, the resolution was passed and Commissioner Rose ;'Gordon. Commissioner'Armando Lacasa Commissioner ? (Rev.) .Theodore Gibson Mayor Maurice A. Ferre J. L.`Plummer, Jr. 162 SEP 2 7 1j9 rt :� 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, then is there a motion? The following resolutions were introduced by Commissioner Gibson, seconded by Commissioner Lacasa and passed and adopted by the following vote AYES: Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor J. L. P1'ummer, Jr. 45.1 GRANT QUIT CLAIM DEED TO DADE COUNTY FOR THE CITY'S RIGHT-OF-WAY N.W.32ND AVENUE. RESOLUTION NO. 79-661 A RESOLUTION GRANTING TO DADE COUNTY A QUIT CLAIM DEED CONVEYING PREVIOUSLY ACQUIRED PUBLIC RIGHT-OF-WAY FOR IMPROVEMENT PURPOSES ALONG N.W. 32 AVENUE, RESERVING TO THE CITY OF MIAMI THE RIGHT TO USE SAME FOR UTILITY PURPOSES. 45.2 ACCEPT BID: JONES EQUIPMENT CO.-'159 POLICE HAND GUNS FOR POLICE DEPT. RESOLUTION NO. 79-662 A RESOLUTION ACCEPTING THE BID OF JONES EQUIPMENT CO. FOR FURNISHING 159 SMITH & WESSON REVOLVERS FOR THE DEPARTMENT OF POLICE: AT A TOTAL COST OF $18,682.50: ALLOCATING FUNDS FROM THE 1978-79 OPERATING BUDGET; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDERS FOR THIS EQUIPMENT. 45.3 ACCEPT BID: GLIDDEN COATINGS & RESINS FOR 1,100 GALLONS OF CULMER REVITALIZATION PROGRAM. RESOLUTION NO. 79-663 A RESOLUTION ACCEPTING THE BID OF GLIDDEN COATINGS AND RESINS FOR FURNISHING 1,100 GALLONS OF PAINT FOR THE CULMER REVITALIZATION PROGRAM; AT A TOTAL COST OF $6,630.52; ALLOCATING FUNDS FROM THE TRUST AND AGENCY FUND - CULMER INTERIM ASSISTANCE PROGRAM; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THESE MATERIALS. 45.4 ACCEPT BID: ACE -PARKER, INC. FOR PRINTING & MAILING NOTICES FOR ZONING HEARINGS (PLANNING & ZONING BOARDS ADMINISTRATION). RESOLUTION NO. 79-664 A RESOLUTION ACCEPTING THE BID OF ACE -PARKER, INC. FOR FURNISHING PRINTING AND MAILING OF ZONING HEARINGS NOTICES FOR THE DEPARTMENT OF PLANNING AND ZONING BOARDS; AT A TOTAL COST OF $30,959.00; ALLOCATING FUNDS FROM THE 1978-79 OPERATING BUDGET; AUTHORIZING THE CITY MANAGER AND THE PUR- CHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS SERVICE. 163 SEP z'71919 ISRAEL AND MARIA GONZALEZ. RESOLUTION NO. 79-66S Ai RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO ISRAEL GONZALEZ AND MARIE GONZALEZ, INDIVIDUALLY AND AS THE PARENTS, NATURAL GUARDIANS, AND NEXT FRIENDS OF DIONNE GONZALEZ, THE SUM OF $8,685.10 IN FULL AND COMPLETE SETTLE- MENT OF ALL BODILY INJURY, PERSONAL INJURY PROTECTION LIENS, AND WORKMENS COMPENSATION LIENS, ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI AND WILLIAM VELEZ, FROM ALL CLAIMS AND DEMANDS. 45.6 CLAIM SETTLEMENTS: a) GENEVA DANIELS, b) MINNIE JACKSON, c) GENEVA DANIELS. RESOLUTION NO. 79-666 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO GENEVA DANIELS, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $16,000.00; TO MINNIE JACKSON, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $4,000.00; AND TO GENEVA DANIELS AS THE NATURAL GUARDIAN AND NEXT FRIEND OF EARL HODGES, A MINOR, THE SUM OF $1,000.00, IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY, PERSONAL INJURY PROTECTION LIENS, AND WORKMENS COMPENSATION LIENS, ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI AND ITS EMPLOYEE, FRANKLIN CHRISTMAS, AND UPON EXECUTION OF A RELEASE, RELEASING THE CITY OF MIAMI AND ITS EMPLOYEE, FRANKLIN CHRISTMAS, FROM ALL CLAIMS AND DEMANDS. 45.7 INCREASE SCOPE OF CONTRACT IN AN AMOUNT NOT TO EXCEED $29,000 FOR THE BUENA VISTA COMMUNITY DEVELOPMENT PAVING PROJECT —PHASE III BID "A".' RESOLUTION NO. 79-667 A RESOLUTION AUTHORIZING AN INCREASE IN THE SCOPE OF THE CONTRACT IN AN AMOUNT NOT TO EXCEED $29,000 FOR THE BUENA VISTA COMMUNITY DEVELOPMENT PAVING PROJECT - PHASE III - BID "A"; ALLOCATING THE ADDITIONAL AMOUNT OF $29,000 FROM COMMUNITY DEVELOPMENT FUNDS. 45.8 ORDERING RESOLUTION: NORTH 59TH STREET HIGHWAY IMPROVEMENT H-4452 DESIGNATING SAME FOR PURPOSES OF SPECIAL ASSESSMENTS AS DISTRICT H-4452. RESOLUTION NO. 79-668` A RESOLUTION ORDERING NORTH 59TH STREET HIGHWAY IMPROVEMENT H-4452 AND DESIGNATING=THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS NORTH 59TH STREET HIGHWAY' IMPROVEMENT DISTRICT H-4452. 45.9 ACCEPT COMPLETED WORK: M.E.T. CONSTRUCTION, INC. - FIRE STATION ADDITION - 1978. RESOLUTION NO. 79-669 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY M.E.T. CONSTRUCTION, INC. AT A TOTAL COST OF $257,434.00 FOR THE FIRE STATION NO. 10 ADDITION - 1978 (2ND BIDDING); AND AUTHORIZING A FINAL PAYMENT OF $2,765.26. 164 SEF 2 7 1yi9 46. FIRST READING ORDINANCE: APPROVING APPflO1'RIATION;; i'O): DEPARTMENT OF OFF-STREET PARKING FOR FY ENDING SEPT. .ID, 141IU. Mayor Ferre: All right, take up Item #3 which is the Department of Off - Street Parking. Do you have any problems with that? Mr. Grassie: Well, the only problem is the one that we have traditionally had which is that we haven't gotten it in a form which provides you with enough perspective and enough information. Mayor Ferre: Great, I want to tell you something, Richard, I agree with that. I'm going to vote one more time but this is it. Next year you don't have my vote. I'll be here but you won't have my vote. I just want to tell you that I want the appropriation and budget for the Off -Street Parking Authority where we know what they really say and understand them. Okay? Everybody is having problems so I don't see why we should single you out, you know the City of Miami has worse problems than what you have. Okay? But please. Ali right, and by the way, Plummer isn't here but I want to tell you that Plummer feels absolutely the same way and he's said it to you before and now you've got two that feel that way. Okay, is there a motion on that ordinance? There's a motion by Lacasa seconded by Gibson, further discussion? 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. Was introduced by Commissioner Lacasa and seconded by Commissioner Gibson. and passed on. its first reading by title by the following vote - AYES: Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Mayor Maurice . Ferre ABSENT: Vice -Mayor J. L. Plummer, Jr. NOES: 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. 165 SEP 2 71979 47. FIRST READING ORDINANCE: APPROVING EXPENDITURES REQUIRED BY OFF-STREET PARKING IN CONNECTION WITH MAINTENANCE OF GUSMAN HALL AND THE OLYMPIA BUILDING FOR FY-79-80. 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. Was introduced by Commissioner Gibson and seconded by Commissioner Lacasa and passed on its first reading by title by the following vote AYES: Commissioner Rose Gordon 'Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Mayor Maurice . Ferre ABSENT: Vice -Mayor J. L. Plummer, Jr. NOES: 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. 48. FIRST READING ORDINANCE: PROVIDE ASSESSMENT OF REE IN ADMINISTRATION OF SPECIAL OFF -DUTY POLICE SERVICES PERFORMED UNDER CONTRACT WITH PRIVATE PERSONS/FIRMS. Mrs. Gordon: I just want to call attention to an incorrect addition on the first page, it adds up to 198 not 108. Mayor Ferre: Okay.- With that correction is there a motion? Mrs. Gordon: Yes, now I'd like to ask for a 'deferementon this item until we get a legal opinion - that's why I said there isn't going to be any problem because we're just goingto defer it., Mayor Ferre: Well, that's your opinion but I mean suppose somebody else.`.• Mrs.;<Gordon:, Yes, but there is a. question about whether-or;not.the=City., can or should;inake this charge andit requires an opinionfrom the 'Attorney Genera Mayor Ferre: Well, do you concur with that, Mr. City Attorney? Mr.• Knox: It.appears that the Attorney General has already rendered an Mayor Ferre: the record.• • opinion. Say that into the record, your name and address 'and -.who you are for. Capt. Kenneth Harrison: Kenneth Harrison, Captain of Police, City of Miami Police, Department. There isalready an, A.G.!s`opinion which was the factor that brought about the needfor this ordinance. Mayor Ferre: Capt. Harrison: Mrs. Kenny, are you recommending this? es, the Police Department is recommending it. Gordon: It's all right? Capt. Harrison: Yes, ma'am. Mrs. Gordon: Okay. 166 rt SEP 2 7 1979 Rev. Gibson: Move, Mayor Ferree is'there a second? Mr. Lacasa: I'll''second, but under discussion I want an explanation of this Joe, exactly what•does this mean? Who is is to pay this $5.00? Mayor Ferret In other words the people who use police officers for one day, one location have to pay a $5.00 fee to the City of Miami Police Department,'' as an administrative expense to compensate us for the paper work that we've got to do. And I'll tell you they're getting a hell of a bargain because it's got to cost us more t.an $5.00 to do that. In other words if you're Burdines and you want a policeman for 8 hours directing traffic on Flagler Street and you're going to be paying $150 to that policeman or whatever it is you also pay $5.00 to the City of Miami. Mr. Lacasa: Okay, I call the question. 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 REQUESTING SUCH SERVICES; CONTAINING A REPEALER PROVISION AND A SEVERABIL- ITY CLAUSE. Was introduced by Commissioner Gibson and seconded by Commissioner Lacasa and passed on its first reading by title by the following vote-•` Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Mayor Maurice. Ferre ABSENT: Vice -Mayor J. L. Plummer, Jr. NOES: Commissioner Rose Gordon. 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. 49. FORMALIZING RESOLUTION: URGE FINAL CONSIDERATION AND PASSAGE BY COMPLETE HOUSE OF REPRESENTATIVES OF "INTER -GOVERNMENTAL FISCAL ASSISTANCE AMENDMENT OF 1979"(SUPPLEMENTAL FISCAL ASSISTANCE ACT). The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 79-670 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO SEND A LETTER TO THE HONORABLE TIP O'NEILL, SPEAKER OF THE HOUSE OF REPRESENTATIVES, UNITED STATES CONGRESS, WASHINGTON, D.C., URGING FINAL CONSIDERATION AND PASSAGE OF THE INTER- GOVERNMENTAL FISCAL ASSISTANCE AMENDMENT OF 1979, ALSO KNOWN AS THE SUPPLEMENTAL FISCAL ASSISTANCE ACT, BY THE FULL HOUSE OF REPRESENTATIVES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by_ Commissioner Gibson, the resolution adopted by the following ,vot AYES: ABSENT: Vice -Mayor J L. Plummer, Jr. NOES: None. Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferre 167 SEP 27 1319 rt 50. FORMALIZING RESOLUTION: ESTABLISH TOURIST INFORMATION CENTER WITH MULTI-LINGUAL TOURIST GUIDES. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 79-671 A RESOLUTION ESTABLISHING A TOURIST INFORMATION CENTER TO BE STAFFED WITH MULTI-LINGUAL TOURIST GUIDES WHO WILL WEAR DISTINCTIVE UNIFORMS WITH AN INTERNATIONAL FLAVOR AND WHO WILL BE PROVIDED WITH PORTABLE AND MOBILE COMMUNICATION EQUIPMENT, SAID CENTER TO BE LOCATED IN ONE OF SEVERAL POSSIBLE LOCATIONS IN THE DOWNTOWN AREA; FURTHER PROVIDING THAT IMPLEMENTATION OF THE SAID CENTER BE SUBJECT TO FUNDING F'P.OM SOURCES INCLUDING ANY OR ALL OF THE FOLLOWING:, DOWNTOWN DEVELOPMENT AUTHORITY, DOWNTOWN MIAMI BUSINESS ASSOCIATION, AND TOURIST DEVELOPMENT AUTHORITY OF DADE COUNTY. (Here follows body of resolution, omittedhere and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Lacasa, the resolution was passed and; adopted by the following vote - AYES:'? Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferre ABSENT: Vice -Mayor J. L. Plt:nmer, Jr. NOES: None. 51. FORMALIZING RESOLUTION: CHANGE CITY COMMISSION MEETING DATES TO TAKE PLACE ON OCT+:)BER 15, 1979. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: F:ESOLUTION NO. 79-672 A RESOLUTION RESCHEDULING THE REGULAR CITY COMMISSION MEET- ING OF OCTOBER 11, 1979, TO TAKE PLACE ON OCTOBER 15, 1979 AT 9:00 A.M., AND CONTINUING ALL PLANNING AND ZONING MATTERS SCHEDULED TO BE HEARD AT THE REGULAR CITY COMMISSION MEET- ING ON SEPTEMBER 27, 1979, TO TAKE PLACE ON OCTOBER 15, 1979, AT 7:00 P.M. (Here follows body of: resolution, omitted here and on file in the Office of the City Clerk.) Upor: being seconded by Commissioner Gibson, the resolution adopted by the following vote-. AYES: Commissioner Rose Gordon Conluu.ssioner Armando Lacasa Commis,e.ioner (Rev.) Theodore Gibson. Mayor Maurice A. Ferre ABSENT: Vice -Mayor J. L. Plurimer, Jr. NOES: None. 168 SEP 2 7 Iy19 rt 52. FORMALIZING RESOLUTION: ACCEPT FEDERAL GRANT RECEIVED FOR IMPROVEMENTS TO THE "LATIN QUARTERS". The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 79-673 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARDED TO THE CITY OF MIAMI FROM THE UNITED STATES COMMERCE DEPARTMENT ECONOMIC DEVELOPMENT ADMINISTRATION FOR PHYSICAL IMPROVEMENTS FOR THE PROPOSED LATIN QUARTER PROJECT. (Here follows body of resolution, omitted here and on in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon,the adopted by the following vote - AYES: Commissioner Rose Gordon' Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferre ABSENT: Vice -Mayor J. L. Plummer, Jr. NOES: None. 53. EMERGENCY ORDINANCE: AMEND SECTIONS 5 & 6 OF 8858 - OFF -SET CHARGES AGAINST 1978-79 APPROPRIATIONS FOR PROFESSIONAL SERVICES. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTIONS 5 AND 6 OF ORDINANCE NO. 8858, ADOPTED SEPTEMBER 28, 1978, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1979, AS AMENDED; BY INCREASING THE APPROPRIATION FOR THE PENSION TRUST AND AGENCY FUND IN AN AMOUNT OF $100,000 FROM THE 1978 FUND BAL- ANCE FOR PENSION, TO OFFSET CHARGES AGAINST 1978-79 APPROPRIATIONS FOR PROFESSIONAL SERVICES RECEIVED IN 1977-78; CONTAINING A REPEALER PROVISION AND A SEVER - ABILITY CLAUSE. Was introduced by Commissioner Gibson and seconded by Commissioner Lacasa, for adoption as an emergency measure and dispensing with the requirement of reading sane.on two separate days, which was agreed to by the following vote - AYES:` Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferre ABSENT: Vice -Mayor J.,L. Plummer, Jr. NOES: None. Whereupon the Commission on motion of Commissioner Gibson 'and seconded Commissioner Lacasa, adopted said ordinance by the following vote - AYES: Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferre ABSENT: Vice -Mayor J. L. Plummer, Jr. NOES• None'. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8989. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commis- sion and to the public. �� sE 169 r� 1yi PERMIT CERTAIN EMPLOYEES OF DADE COUNTY DEPARTMENT OF TOURISM 54. TO HAVE THE ALTERNATIVE TO REMAI*1 IN CITY OF M1IA.MI RETIREMENT PLAN OR JOIN THE FLORIDA RETIREMENT SYSTEM Mayor Ferre: All right, now we have two things left. One is 11 which we're still waiting on a typist, right? And we then have item 34 left, as I recall. 38. That was going to be controversial. That's the last thing left. Tell us about 38. A resolution... Mr. Grassier What this attempts to do Mr. Mayor,and; members.of<the• City Commission, is provide for City employees who were transferred to, the County an option which they don't now have. I have to -put this in context for you by explaining that in taking the employees from the Tourism Promotion Department the County has determined that it would be willing to pay the same pension costs for these employees, that is our employees, as the County now pays for all County employees. The problem lies in that the City contributes 14% towards' pension costs, and as I recall, the County contributes about 912%. Now what this would do is it would make it an option for the employee himself to make up the difference and stay in the City plan rather than give up the City plan and go into the County plan. Mayor Ferre: What's your problem with that? Mrs. Gordon: Mr. Grassie, when the other departments were transferred to the County though, however, they were'nt asked to make up any difference. How come? Mr. Grassie: determination say they wren to force them Well, I; agree with, you,. Commissioner, butthis is.the of the County and'we can't force them to do it if they,. 't going todo it. At least, I haven't found away yet _ to do" it. Father Gibson: Is that(, fair: to thepeople irn, the City? Mrs. Gordon: NO. Mr. Grassie:. It is not thesame as their past practice...the;County' past practice. Father Gibson: No, no,j.'I'm ':not. saying ?that. who are in, the City's system? s that fair to the people M. Grassie: It is not fair in the sense that it does not maintain them at their current level of pension contribution by a government unit. I guess the only defense that could be made of.it is that it is...it is better to have an opportunity to work for the County than to not have any opportunity. Now that's the only%kind of defense that can be'made. But it is not as good as the situation that they have with the City. Father, Gibson: Well, did they make the choice or did we make it for them? Mr. Grassie: Well, -it was. really', made by the voters I guess when they voted for the room tax... Father Gibson: Mr Well, well...we who? Gordon: We made ist 170 SEP 2 7 1979 Fattier Gibson: But..but if Mr. Louis DeJesus: Louis DeJesus. I'm a Board Trustee member and a Board Plan System. We have four people we're talking about with:a Ctiy span from ten to thirty one years. Some employees here have thirty one years. Some will have to take up vested rights and give up four years of their pension which averages out to a little over ten to twelve percent that they would be losing on their pension when they retire, if they stayed with the City at age fifty-five. The difference is we're talking about instead of the individual paying nine percent we're talking about twenty-five point five that would come out of his salary. And this is quite an initial cost all of a sudden to bear. As you know, as the City Manager related that they only pick up nine percent. That was passed by County ordinance. As in the past, the County has provided for the difference when they took over a whole department, not just four or six. We're talking about the whole Water and Sewage and the whole library. Father Gibson: They got Water and Sewers at not cost to them either, didn'tthey? Mr. DeJesus:. Yes, you're right Father. Father Gibson: Sure. I see somebody shaking their heads saying no. They did get it for nothing. Mrs. Gordon: Get what for nothing? Father Gibson': The,' Water -and ,Sewer. All right, now the point i know...I...man, you elect to.stay with.. well, let - me hush., Mrs. Gordon: Yeah, but how can we_handle Mr..DeJesus: Well, we're asking that if possible to the... .you the City fund the difference, Father Gibson: Why should the City fund the difference. We're alreadyin .abind. Listen, you all ought to hear this. We;re already'. in a bind. We say we don't have any money. ; We don't want to pay'"these people for so much. We aren't going to retain them andthen you know, everybody says we're going on over here. Mayor Ferre:. What do youwant to do? Father Gibson: How doyou answer those....I think you ought to defer it. If we had ample time to study, man I believeI have some serious concerns. Mayor Ferre: Lets defer it. All right, there's a motion by Father Gibson to defer Item 38. Mr. Lacasa: Mayor Ferre: Second. Seconded by Mrs. Gordon:: Well what happens to these people are they going to be dropped? Or what? Father Gibson: Well, they don't have to be dropped. Mrs. Gordon: future. Yeah, butwait a minute now, you're talking about. peoples Father. Gibson: Made a choicer Rose, I think...let me say, I'm not a businessman They`; Mrs.` Gordon: Choice of what? ist 171 SEP 2 71979 kS Father Gibson: The people who are here, you're saying that you don't have any money to pay those peoples salary."O.k. Isn't that what you said, Mr. Grassie? The hundred and seventy some odd people you said some of them you couldn't afford. Isn't that right? Mr. Grassie: We can't absorb them in the current budget but we can in next years budget. Yes. Father Gibson: Yeah, but for intent and purposes, they:. would have been a dead duck.Isn't that right? Mr. Grassie: Well they Father Gibson: All right, then these people leaving"and going to the County and all that, and then you say, you the City taxpayers pick up that money. That's what it says. Twenty-five percent, is that what you said? .Ralph Parks: Mayor, may I say something? Father Gibson: Yeah. Mr. Parks: Father, I think you ought to go futher than that in this case. This resolution is giving these people involved a choice. Now here's what that means. Does it mean more to the City of Miami to have the County take over Publicity or do they want these four people to say we're not going to the County, you find jobs for me. I'll stay here andstart a roll back and eventually the last person on the list is going to be dismissed.' This...this has not taken place, sir. This gives the four people a choice. The agreement says they have a choice of -paying twenty-five point three percent. It doesn't say that, but they are the figures, or else staying with the City. If they stay with the City, the County, will fill the positions from their own employees. Like they've threatened to do before. If they do stay with the City, and that department is abolished, they all of them, like Mr. DeJesus told you, have seniority. They can start a roll back in everyone of their positions which means that it will go right down the line until the final person will be laid off. It is up to this Commission to decide whether it is more important to fund the difference, which you did for the City Manager, by passing a resolution and giving him back the City's share, of his pension, which as never been done. A precedent which was set amounting to some fourteen thousand dollars. And there is no reason why this Commission could not make provident to take care of the 'fair share of the employeers share which the ordinance calls for. Father Gibson. Mr. Mayor, I move that we table this matter for the next meeting. Mayor Ferrer That was your first motion and it was seconded by Lacasa. Is there...Rose, do you want to say something on it? Mrs. Gordon: Yeah, just tabling it...I want to know what jeopardy it causes to these individuals. I know we're all tired, but what jeopardy is there if it's tabled until he next meeting. Can somebody answer that? Mr. DeJesus: The way I look at it Mrs. Gordon, tabling this ... deferring it would eliminate their jobs because the County has made their resolutions. They passed their ordinance and they are...like Mr. Parks says, they are going to fill the four jobs anyway they can. Mrs. Gordon: In other words, if we table it tonight, they are effectively not going to be employed by the County... Mr. DeJesus: That is correct. Mrs. Gordon: And therefore, we are going to be responsible for placing them in our employment structure. Is that correct? ;c* 172 SEP 2 7 1y7S ist Mr. DeJeslis: Well, they have, the option of ,rolling back if they cane roll back. Which is...all City employees have that option. Mr. Grassie: Mr. Mayor, and members of the City Commission, I think you really need to get a little more fact on this. Most of the employees that we are talking about are in categories which only exist in that department. And many of them, in fact, don't have seniority in other classifications which means that in fact, cannot roll back. And you know, we're really playing with their future because they have jobs offered to them at the County. At this stage they only have one option available to them which is that they have to drop out of our pension system and go to the County pension system. Now what we are trying to do is to provide them with a second option. That second option is that they have a chance to stay in the City pension system. It cost them some money. What it coststhem is the difference between nine percent and fourteen and one half percent. So they have to make up that five and one half percent. O.k? But that's what it costs them. But they are assured...and most of the people who are going to the County are getting a slight increase, and some of them are getting a good increase, but they are assured of work of their own kind of work. And you know, it seems to me not in their best interest... Mr. Grassie: If they getrolled back it's going to cost them more than five percent...if they get .rolled back into another position. There's a possiblity they can't get rolled back at all and they will be out of work. You know, that doesn't` seem reasonable. Mrs. Gordon: I'd like to ask the affected party to speak. How many are hear who are affected? Podgie, would you answer? We want...we don't want to go home because we're tired, we want to settle this thing as best we can. Would you tell us your feelings, please on this? Mr. Podgie Hays: Well, I feel that we're getting the squeeze. I've got in thirty-one and one half years with the City. The County has offered me a job. If I go over, I'll be like taking an eighteen percent cut in pay. This includes only an additional six percent payment towards my pension if I stayedon it. If I stay with the City, I have had no word from anybody on what would happen. I just don't know. Mrs. Gordon: Mr. Grassie, you heard what Mr. Hays said, could you please address ,this particular situation. His...he said that he hasn't had any word. . Does that mean that he would not be able to be placed in the City structure: Mr. Grassie: Yeah, there is not...you know, because we don't have the department continuing, so there is :not a position of the type that Podgie has had in the past. Mr..Hays: Well I...there are some. Mr. Fosmoen: Podgy has'seniority'`in other positions. Mr.'Grassie6 Oh, well, his case. then I;;guess...theyare telling me his case is different ° because he actually has ' had many other kinds of, jobs with the City. He's not a typical example. . Mr.Hays: Well, no, I'm an Administrative Assistant I. There are other Administrative Assistant I's. Mr. Grassie: His case is really not typical. But where we have photographers and writers, those are the people that really, you know, you only; find inthat department and those are the ones that would be hurt. 173 SEP 2 71979 . A. G..Sherman: '..I would disagree with that. We do have photographers in otherpositions in the City. Mr. DeJesus: Mr. Manager, over here you just said that it was five percent. The actuary has said that the City's contribution will ,be twenty-four percent. If the County only picks up nine of it, that leaves a balance of fifteen plus the employees contribution which I; get eight point one, which would be about twenty-four percent. I don't see where the five percent difference was that you estimated. Mr. Grassie: I'm dealing with what we know now, not what you are speculating about in the future. The five and one half percent is the, difference between nine percent which the County pays and the fourteen and one half percent that the City. pays. Mr. DeJesus: I'm just relating an actuarial that we have said it would be twenty-four percent, sir. Mayor Ferree What are we going to do, Mr. trying to do .is; open up as many we thought :try.to Provide them with Which is not the best of Mr. Grassie:`' Well you know,, all we're options for employees as possible, and; an advantage under the circumstances. circumstances but...;. Mayor Ferre: And they object to it? Mr. Grassie: What?' Mayor Ferre: Well, what else can we do? Mr. Grassie: Well, if we do nothing, as I` say, it seems to me that the employee is in a much worse position because, you know, then he has only one option. Then he's got to leave the City's system: He can't have the option of staying in. All we are ; providing is a choice. It's not an obligation. It's a choice. Mrs. Gordon: I don't ;know, ;:but ;I would say to you if this was adopted I.don't know, Isuppose wecould make an additional change afterwards. If we don't do this, we don't have anything fellas. Mayor Ferre: That's. right. And I'll tell you what my opinion is. My opinion is that we ought to do this now and reschedule it for further discussion next time. At least we have that. At least it will be interim. Do you agree or you don't Mrs.,Gordon: If we don't act at all, then it's worse for your people. Mr. Parks: Yeah, I wanted to...before I answer that I would like to point out the other ramificatio%s which the Commission seems to forget and everyone else does with regard to these people with the fringe benefits that they will lose. In the case of Podgy, he's going to lose five thousand dollars of his sick time, just like that. That he has worked, come to work sick, feeling bad. When he goes he is going to be forced to go as a termination which the most he can collect of his sick pay is fifty percent. At the most, which is has nine hundred and sixty...nineteen hundred hours, he's going to get a fifty percent cut right there. And every other one when you go as a termination. If they are allowed to stay in...also every other agreement, the two agreements, if you care to look them up they are on file, state, and they are always decided by a committee from both the City and the County, as to what will be done. The County has...in writing accept, agree ist SEP 2' 19/9 174 to accept the balance of ..the, sick time to put to the individuals account in the County. This is not in the agreement. Nothing has been said to the County about sick time, as if nobody cared about it or anything else. So, I just can't...I just'don't...can't see forgetting these people completely with regard to their fringe benefits and say, if you want to go go, if you don't stay. But here's what you lose if you go. The other thing is if you are going to consider the four people having to go, and being terminated, that will add our list to fifty-eight instead of fifty-four. Mr. A.G. Sherman: I think: it's greater than that members of the Commission. To my knowledge, none of these people in Publicity or Tourism have been given any kind of notification... Mrs. Gordon: That's right, none of them. Mr. Sherman: As to what will happen to them upon the adoption of this new budget. They have been left out in the cold. They have tried to, ask numerous sources andareas and they have been completely in the dark as to what will happen to them. They are still sitting there not knowing if they go to work, whether they are employed or not. They have no idea. Mrs. Gordon: Well, since we tookthe roll over budget, I'm assuming that that keepsthem on the job for the next thirty days, A. G. but that will. at leastgive us a little time to, you know, try to do _something. But the sick time and theother fringe benefits you mentioned,' how do we handle it? How do wehandle it? Somebody tell me. Mayor Ferre: reschedule it we can do. I" Mr. Sherman: and then wait Mrs. Gordon:• Mr. Sherman: •Mr I think what we ought to do is pass this for the fifteenth for further discussion don't think what we can do is nothing. Is possible that you could pass for a full Commission.... Well, it's just a resolution. is it an emergency. . Gordon: No, it's not. . :Sherman: No ordinance it, :on. It's just a resolution. as a 'base and and , see what else, first reading. It would hold. Mrs. Gordon: For the next two weeks and we'll schedule fifteenth for further modification. mayor Ferre:;:. and re...andt7 to bring the t again on the Rose, I would recommendthat what, we do le pass this also'reschedule'.it..'But,°pass it. and instruct.;the Manager:',. same''item :up for discussion on the' fifteenth. Mrs. Gordon: Yeah, with the changes that have been delineated here for"` our consideration, at least. Mr. DeJesus: Mrs. Gordon:` move it. We are in agreement with that, Mr.`: Mayor. You're in agreement with that? All right, fine.: Mayor Ferre: You accept that? All right. Mrs. Gordon moves. Gibson seconds. Further discussion? Is that clear. Father Mr. Grassie: Well., it's clear, Mr. Mayor, but we, can't do that unilaterally. It's not just Alp to us. The :County has to' accept i Mrs Gordon:, ist That's so we can negotiate with that. 1'75 • SEP 2 7 1979 t Mr.Grassie: Well, we'11 certainly push them again. We've already;. talked to them about, and they've already said no. .But, you :know ,-,,` we'll try again. Mayor Ferre: 'Call the roll. The followingresolution was introduced by Commissioner` Gordon, who moved its adoption: RESOLUTION NO. '79 A; RESOLUTION APPROVING THE CONCEPT OF PERMITTING EMPLOYEES OF THE DEPARTMENT OF TOURIST PROMOTION WHO MAY BECOME EMPLOYEES OF DADE COUNTY'S DEPARTMENT OF TOURISM THE ALTERNATIVE OF: (1) JOINING THE FLORIDA RETIREMENT SYSTEM; OR (2) REMAINING WITH THE CITY OF MIAMI RETIREMENT PROGRAM AS MEMBERS WITH THEIR AGREEMENT TO BE BOUND BY DADE COUNTY'S CONTRIBUTION TO THE CITY'S PROGRAM AND TO THE INDIVIDUAL MEMBER'S SOCIAL SECURITY ACCOUNT OF A TOTAL AMOUNT WHICH WOULD NOT EXCEED THE RATE OF CONTRIBUTION THAT WOULD HAVE BEEN MADE BY THE COUNTY ON BEHALF OF -INDIVIDUAL MEMBERS TO THE FLORIDA RETIREMENT SYSTEM, WITH SAID EMPLOYEES WHO CHOOSE TO REMAIN IN THE CITY PROGRAM BEING REQUIRED TO CONTRIBUTE THE DIFFERENCE BETWEEN THE AMOUNT T0. BE CONTRIBUTED BY THE COUNTY AND THE AMOUNT THAT WOULD HAVE BEEN CONTRIBUTED BY THE CITY (Here follows body of resolution, omitted here and on. file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the passed and adopted by the following vote: AYES: NOES: None ABSENT: resolution. was Commissioner Armando Lacasa Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre Vice -Mayor J. L. Plummer, Jr. 54-A DISCUSSION OF THE BUDGET -FEDERAL REVENUE SHARING Mrs. Gordon: Why did you say that Federal Revenue Sharing on a one twelth basis and Mr. Grassie said no, no. What was all that about? Mr. Grassie: What that's all about Commissioner, is that the Federal Revenue Sharing money that they are talking about appropriating on a one twelveth basis doesn't have a revenue on the other side of it because you have not approved next years budget. So, you know, we can't approve one twelveth of next years budget if you don't have the basic appropriation to back it up. ist 176 SEP 271979 Mrs. Gordon:O.k. But nothing is being cut out of the services that are being delivered as they were today. Mr Grassie: Well, the intent is to follow the policy already established by the City Commission. You have not funded some`programs and others you have indicated will be continued, and we would put your policy into practice. Mrs. Gordon: That's not clearing;, what I want to know. What are you' saying? That the programs we agreed to fund` the other day are going to be funded, and those that have been in existence...that we are eliminating will be eliminated? Mr. Grassie: Yes. In other words, if you determined the day before yesterday that you were not going to continue a program, it would not be continued, of course. Mrs. Gordon: All right, then the Day Care Program was not spoken in the Revenue Sharing budget but it was agreed that it go in the General Fund and there is no problem there. Mr. Grassie: There's no problem with Day Care because General Fund. Now, you know. Mrs. Gordon: a recess? May I have your attention? Where's Maurice? Are we in DISCUSSION POSSIBLE ESTABLISHMENT OF THE "STOREFRONT"CENTER 55. CONCEPT (POLICE SUB -STATIONS) TO BRING POLICE OFFICERS BACK INTO NEIGHBORHOOD AREAS Mrs. Gordon: The subject of storefront sub -stations which I would like to bring to your attention and to make a motion asking the Police Department, the Chief, to look into the feasibility of storefront sub -stations and to bring the ... Mayor Ferre: Wonderful idea. I really think so. Mrs Gordon: I know it, is. Mayor Ferre: And that way.. Mrs. Gordon: Well Maurice, come on....I don't feel like kibitzing. Come on. Mayor Ferre: Go ahead. Make the motion so we can get a second. Mrs. Gordon: O.k. Ask the Police Department to look into the feasibility of storefront sub -stations and to bring...which would bring.the Police Department back into the neighborhood so that the people in the area will be more familiarized with their police services. And I so move. Mayor Ferre: And what's going to happen then, instead of being out on the street, where they should be patrolling, they are going to be sitting down in air conditioning, watching television. Mrs. Gordon: Yeah, let the Police Chief come and tell us what the feasibility is. Mayor Ferre: Policemen should be...if they are patrol policemen, in my oionion, they should be patrolling out on the street where they belong not in an air conditioned room watching television. ist 177 SEP 2 71979, Mrs. Gordon: Let me tell you some of the reasons why this is a very excellent idea and one that should not be poo-pooed even if is a quarter to twelve at night. First of all, it would be in ...it would have mixed staffing. That means it would have blacks, latins, and anglos. This would bring together the ethnic mix. And the cost would be offset by the area donating storefronts. I mean, you know, it wouldn't have to necessarily cost anything because the neighbors in these neighborhoods do want to have these storefronts. And they really have spoken out and said they want. And it would bring the police function closer to the public. It would be a reassurance to people that.'. .about their personal safety. It has a community relations aspect. It could also include citizens services, job opportunities.... yeah here it's my writing. Do you want to see. Mayor Ferre: Well you're doing it to me, I just thought I'd let you have a little bit of your own stuff. Go ahead. Mrs. Gordon: It's good to see you still have a sense of humor. And it would be a place where people could pay a fine. They could report minor crimes such as lost or stolen bicycles, and that sort of thing. So, the motion is to ask the Police Chief to look intc% this subject and to come back and tell us about the feasibility. I'm :2-Jing to give you a copy of this, Maurice, because this has a lot of information you might like to read and it will be helpful to you. Mayor Ferre: O.k. 1,11 tell you my position on it, Rose. If the Police Chief thinks it's a good idea, I'll go with you. But if he doesn't think it's a good idea Mrs. Gordon: 0.k. That's all I'm asking. Well that's fine with me. Mayor Ferre: gone. Mrs: Gordon: Mayor Ferre: Mrs. Gordon: Well where is the Police Chief. What do you mean he's I moved the motion. Let him have the thirty days to study 0.k. There's a motion, is there a second? i.Jacasa d o you Second it.. ,The Police Chief is going to 6tudy it. Mr. Lacasa: The Police Chief is going to study it? So this is just for study purposes. Mayor Ferre: Well where does this come froln anyway? Mrs. Gordon: A book from the library that I have. I returned the book to the library, I just copied that out of it. Mayor Ferre: i.sght, we're going to check to make sure you return that book to the library. (LAUGHTER) Mr. Lacasa / second it, Rose. Mayor Ferre: Call the roll on the storefront. The following motion was introduced by Commissioner Gordon, who - moved'_its adoption: 178 SEP 2 7 1979 ist MOTION NO. 79-675 A MOTION DIRECTING THE CITY. MANAGER TO REQUEST THE CHIEF OF POLICE TO INVESTIGATE THE POSSIBILITY OF ESTABLISHING THE "STOREFRONT CENTER CONCEPT" SUB -STATIONS IN AN EFFORT TO BRING POLICE OFFICERS BACK INTO THE LOCAL NEIGHBORHOOD AREAS Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: ABSENT Commissioner Armando Lacasa Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson *Mayor Maurice A. Ferre ON THE ROLL` CALL: Vice -Mayor J. L. Plummer, Mayor Ferre: And I' want you to know that this book was published in 1942. (LAUGHTER) I vote yes. 56. DISCUSSION ON POSSIBLE LAY-OFF OF 175 C.E.T.A. EMPLOYEES 'to.be lave Mayor Ferre: All right, so much fun for tonight. Can we move? Is the novel written yet? How far are we away from the final typing? You're going to get it now. Rose, you have any more entertaining ideas? Mrs. Gordon: Yes, I have a very good one. Lets go home. Mr. Lacasa: You are aware that these people, C.E.T.A., that were otomorrow an off for several days. transitional are going d ff t d they will be tayeu. Mrs. Gordon: tell him what don't want to They don't have to be. It's up to the Manager. I, can't to do with his personnel: because that's his job and I be in violation of, the Charter but it doesn't have to be. Mr. Lacasa: Rose, Rose, Mayor Ferre: Mrs. Gordon: Mayor Ferre: Gordon. Just a minute please. We have a problem. '.You have a problem Mr. Lacasa: Father, we, have a problem here. Mayor Ferre No, no, Rose has a problem. • Mr. Lacasa: Rose, I asked the Manager, and this is serious now, the Manager explained to me now that the` 'one hundred and seventy five CETA people that were being transitioned into the General Fund, are going to be laid off tomorrow. And there is now way...there... SEP 2 71919 179 Mrs. Gordon: That's up:to him. I can't tell him what to do. Mr. Lacasa: Well, I would appreciate a suggestion. Mr. Grassie: What do you mean it's Up to me? Mr. Lacasa: Giveus asuggestion, Rose, because quite frankly this is serious --business. These people are. going to`:be layed off for several days and there is no Way' that they, can ;getpaid. Mrs. Gordon:.; Listen. all you have to do tell. him that you want to pass. a.,motion to,not lay them off. That's all. But I don't know if we can do: that. I don't know if we have the right to do that. • Mr ' Grassie: Mr. Lacasa: She is suggesting that we, pass a motion...a resolution:'. you not;: to lay them off, Mr. Grassie: Well you know, you can pass that resolution but it has no effect unless you also approve the positions, which are in the new budget. I have to have the money and the positions or.I.can't :legally pay them. Mr. Lacasa: Well, Rose, do you hear. that? Mrs. Gordon:' No, but I'm not going to be able: to do what you are me to do so you know, you'll have to do something yourself Mr. Lacasa: What? She. doesn't want to approve that well,:I on record that I am expressing here my concern that tomorrow.. Mrs. Gordon:, I'm concerned too. telling want to go Mr. Lacasa: one hundred and seventy-five people are going to be laid off and that there is nothing that. the Manager can do because he doesn't have the monies to pay this unless... Mrs.Gordon: :,He doesn't? Mr. Lacasa: we pass the budget. s. Gordon: Well, there is no way that you are goingtocause me; a` personal financialjeopardy, my friend. No way you are going to do. that (INAUDIBLE COMMENT FROM THE AUDIENCE) Mr. Grassie; Commissioner, you know, that's the most irresponsible kind of a thing. We've got a couple of hundred people out here that are hanging out there, that are likely to be without work, these people are talking about CETA going to be extended. You know, we've been back and forth with the Federal officials for six months on this. Mr. Lacasa: A. G., you know that I've been supportive of the union position, but quite frankly, this is going to happen tomorrow could have been avoided tonight. And this one hundred and seventy-five people are going to be laid off tomorrow due to the fact that we didn't -go along with this budget, Rose, and I am going to have... Mrs. Gordon: I'm telling you right now, my friend, I have my personal 'financial future at stake and I'm not going to be able because you are not willing to at least pass an emergency appropriation or whatever for the covering of those persons that you wish to keep on for the next two or three weeks. Mr. Lacasa: Rose...Rose when I get...When tomorrow we get those people over here... Mr. A. G. Sherman: (COMMENT MADE AWAY FROM THE MICROPHONE 180 ist SEP2719% Mr. •Lacasa: Who pay S them for the three, four, five days they are going to lose in the meantime? Mr. Sherman: Well, I'll tell you, it may be better that they only get laid off three, four, or five days and then know they are going to have good employment in the classified positions in the City of Miami than be terminated and never have... Mr. Lacasa: They were going to have it anyway effective the first day of October if we had passed the budget today. A.G. that is my contention. These one hundred and seventy-five people would have been employed on permanent basis in the City of Miami General Fund effective October first if we had passed that budget today. And we are going to have them out on the street for several days just because we didn't do it. Mrs. Gordon: Let me explain something to you because if you're trying to put some blame on other people, let me blame you. If you had not adopted that pension ordinance that you did, then you would not have this problem with these one hundred severty-five people, so take the oneous on you. If you repeal that other action you took, I!ll go with the budget. Mr. Lacasa: One, thing does not have anything to do with the other. Mrs. Gordon: It has a great deal to do to me, Personally and financially. Mayor Ferre: All right, I'll tell You... Mrs. Gordon: Now, you want to do that, 1,11 go with you on the new budget. Mayor Ferre: I'll tell you how we solve this. Mr. Lacasa, if you would make a motion at this point, and Father Gibson if you would second it or visa versa, Father if you make the motion, that this Commission go on record as a matter of policy that it will hold harmless any member of this Commission for any actions that it does on any boards serving the best interest and welfare of this Commission. Mr. Lacasa: I move. Mayor Ferre: Is there a second? Mrs. Gordon: I'm telling you right now that that is not acceptable to me. I am sot going... Mayor Ferre: Do you want to second that. I think we ought to do that anyway as matter of record, Plummer serves on these things. Mrs. Gordon: I said that's not acceptable to me because I have no assurance your hold harmless will cause me a great deal of financial difficulty. If you wish to cover those one hundred and seventy-five - employees, why don't you take some money out of the unappropriated Florida Power and Light funds and you'll have the money to cover them and keep them on the job. Did you hear me Mr. Grassie? If you need the money, why don't you advise us to make an appropriation from the the unexpended Florida Power and Light fund. Then those people will be kept on the job. Mayor Ferre: We have to do something about...we can't let those people hang like that. Mr. Grassie, that's for a two week period. When you stop sneezing...we'll let you sneeze one more time. Mrs. Gordon: I did move. I moved it. Did you get that down straight everybody? O.k. Mayor Ferre: We have .your motion. . We're waiting for Mr. Grassie to' 1 PI ist SEP 2 7 196 stop sneezing. (LAUGHTER) Mr. Grassie: .What is it, Mayor? Mayor FerreThe motion isthat we fund these oneh7hdred positions for a two week .., 0 , Mrs. Gordon: From the 7P and L fund.imic) Mayor Ferre: From the F P A week period gets you to the fifteenth and that's when. we... Mayor Ferre: We have to do it by ordinance because we have to create the .Positione. We don't have them in the current budget. 77 t'S the roblem: Mrs. GOrdph: What are doing now? , • •.: Mr. Grassie: They are C72; POaiti°naiC017jealOne r. Mrs. GordOfl: Are they working now? Grassie: Of course. • - - 2 • Mrs. Gordon: All right, then keep them where they are working. Mayor Ferre: But you have to pay them and the only way you can pay them, is you have to appropriate the money and specifically outline... Mr. Grassie: We have to identify the positions in your budget. And that has to be approved by an ordinance so that... Gordon: Well, go write an ordinance and I'll wait... ,., • . •,• . „• • „ Mayor Ferre: Can you - do that? , ... , __, .. ., . . ,,, „. .,. , ....--.- ,- - , _ • . '-- •, _ - = -- Mrs. Gordon: - Go ahead. 'We.'11 recess until you get it ready. 0-.k a ' _ - • . ,. - -,- • . , - :,.... ., - .-- w t take? We'll do itt Mayor Ferre: How long will that oniorro.Morning ..„ ... then. A. long as you do, it before Monday. Mr. Grassie: Can we...can you act on this ordinance that you have in front of you and I'll try and get an estimate of how long it will take to do what's necessary. Mayor Ferre: All right... • Mr. Grassie: Mr. Mayor... Mayor Ferre: Can you have that in the morning sometime? Mr. Grassie: Yeah... Mayor Ferre: All right, is there any reason why we can't meet tomorrow sometime during the day for five minutes to read that ordinance, pass it and save those... Mrs. Gordon: I don't believe it will be five minutes. I don't believe Mr. Grassie: Mr. Mayor... Mayor Ferre: Well, if you don't bring anything up, I won't. How's that? Mrs. Gordon: All right, it's on the record now. ist 182 SEF Mr. Grassie: Mr. Mayor, if the City Commission expects to havea meeting on the first or second of October, if we could have a meeting on the first of October,..."' Mayor Ferre: The first is Yom Kippur, so that's out. Now, the second is two days after, and those people who are out...have not been paid for two days, and that's unfair. And you're not going to let those people spend...one hundred and seventy-five families this weekend suffering about this. The hell with it. We're going to do it tomorrow. No, it takes longer than five minutes because he's got to name the positions. See? It's one hundred and seventy-five positions that he's got to type . out. And it took him three hours to do this, it will take him five hours, to do the other one. Mrs. Gordon: How about four o'clock tomorrow then. That gives him all day: Mr. Lacasa: It's' too late for me. I could do it at three, Rose. Three o'clock. I cannot do it at four. EMERGENCY ORDINANCE: t1AKING CERTAIN APPROPRIATIONS AND MA:.ING 57. THEM CHARGEABLE TO APPROPRIATIONS FOR FISCAL YEAR 1979-80 Mayor Ferre: All right, ladies and gentlemen, we have before us, and as I recall, you had moved it and Father Gibson had seconded, and Mr. City Attorney, would you read the emergency ordinance moved by Lacasa second by Gibson. (AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE RECORD.) All right, now this is in compliance with all the requests that Mrs. Gordon, Father Gibson, Lacasa, and I have stated here on the record. Is that correct? All right, further discussion. That nod, I want it on the record. Mr. Grassie, that nod, would you put it on the record that that means yes, as an answer. Or Mr. Gary, I don't care, either one. Mr. Grassie: Yes, that this reflects all of the recommendations of the'. City Commission in this last discussion. Mayor Ferre: 'Is that correct? The answer is yes. 'Mr Grassie: I'm depending°,on: myistaff and;they<say'yes. Mayor Ferre: Call` the roll. AN ORDINANCE ENTITLED- AN EMERGENCY ORDINANCE MAKING CERTAIN APPROPRIATIONS TO THE VARIOUS DEPARTMENTS, DIVISIONS, BUREAUS, BOARDS, AND OFFICES OF THE CITY OF MIAMI, FLORIDA, AND MAKING SUCH APPROPRIATIONS CHARGEABLE TO THE APPROPRIATIONS FOR THE FISCAL YEAR 1979-80; DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS (4/5TH'S) OF THE MEMBERS OF THE CITY COMMISSION AND CONTAINING A SEVERABILITY PROVISION (CONTINUED ON NEXT PAGE) ist 183 SEP 2,7 1919 Was introduced by Commissioner Lacasa and seconded by Commissioner Gibson, ffor adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: Commissioner Armando Lacasa Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre NOES: None ABSENT:` ABSTAINING: None Vice -Mayor J. L. P Whereupon the Commission on motion of Commissioner Lacasa and seconded by Commissioner Gibson, adopted said Ordinance by the following vote: Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner Armando Lacasa Mayor Maurice A. Ferre Vice -Mayor J. L. Plummer, Jr. SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 8990 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. 58. DISCUSSION OF POSSIBLE ESTABLISH!IENT OF AN AUDIT COMMITTEE Mayor Ferre: Now, tomorrow we will meet at three o'clock. Is that all right, Mrs. Gordon? Mrs. Gordon: If you promise it's only one item and I'm leaving. Mayor Ferre: One item and that's it. Father Gibson, three o'clock tomorrow. All right, in the meantime, I will give to you and you can read...and Mr. Grassie, let me give you official notice, Mr. Grassie, that Mr. Grassie....I am passing out a letter that I have received from Peat, Marwick and Mitchell with reference to the creation of an audit committee. It is my opinion, now that we have gone through this process, that we very strongly need, should have, require, and this one vote insists on having an audit committee established in the City of Miami. The purpose is very clearly outlined in this letter, which I will pass out to members of the Commission and the press, and I mean to tell you that on October fifteenth, or if we meet sooner that that other than tomorrow, I plan to bring this up for immediate adoption and action by this Commission. I'm going to give you copies... ist 184 SEF ' 7 1979 Mrs. Gordon: Is this the one you were sitting on all night? Mayor Ferre: And I'm giving this to members of the press, Would yo ii make sure that Mr....wouid you make sure that the City Clerk gets, an extra copy, Mr. Gibson, and Mr. Plummer and the press. Mr. Grassie: We'll be happy to, Mayor* %tom.T • ADJOURN,,..ission, There being no further business to come before the City Comm . on motion made and duly seconded, the meeting ,was adjourned at 12:05 Am ., . • - • . „ •• :• :. ONGIEititi;ii,'-•.G..':I.,- -MATTY ci. •••ATTEST-::' --: •-•i,.:-•.Cle ,' • ...,,,,.......,. Asp•-•.;.•ataric3rY:.'•,-,,-..,:.',..:- , ... . ,....Y....... .,i ••:.cler,.., HIRAI' k:-::- , •, ...., , , :: n ., . r ' ' ''''''''''''..... '''''''''''''''' -. -,.- .:-:,'• .,.•..,.. ,. - • -- , ...:. - , ._,, .:.::......:., - - • , _ ,, :: • .s., . ,.,•,. ..:::„, . :, ..i: , ,: , ' • - - •••• • ---,:',•., .i.,•,....,:_-•,..,,-..,.,,,.... ..n.: :::,, - ',•• .-:,'• ,,.., ,,,,....:: ,,,..,,,,. , .. : , , :.---:.-::" ' - ' --.- - .,-' -:•,,'..-,, -:::::,,,'•• ,,,nn-1,.,, ,,•„,, . . ''-- .- ', • , '--.- "•'• , ., -•,•,•, -,:',-,..:, ,,,,,,....:in: , .., -:, '- • ', . ,,..-.- ,. , ::,,,,, ,:,::,. n . n , .•':--., '-',- , -.:„.•, • ,,,,,, .::., .:, , , ' '.. '. '''.'' ' .' '.: ',...:,:....:-..,,,,,:.,i,,.;.,•, ',,,,.:-.-,,,- - :.: ,.:.,._ ' ,•'::,- , - • •S• :, ...•. --:::: „,: ...,..,.. :: :;.:-: ' ''::::;:'1:::'''....--.''''''''''''':',''......',..''-' .•,-...:-......,:.,'.'..'i - ...,,,,---•-,-- •_-:. -:::' - ','.......'''..'-':',.-,:::,...'-':. ''''....-'..' ,',,'-,,'-.•:-',.' -.1,-'.-:-' ',-',.';',-.-,,,i-,'-,';;,..:-,:,,,.,...,.-...-•."..::',--:•,,,::::,',..., ist CITY OF MiAMI DOCUMENT MEETING DATE: INDEX September 27, 1979 ITEM NO 1 2 3 4 5 DOCUMENT IDENTIFICATION COMMISSION ACTION RETRIEVAL I CODE NO. 6 7 8 9 10 11 COMMISSION AGENDA AND CITY CLERK REPORT ACCEPTING THE BID OF PIERCE MANUFACTURING, INC ACCEPTING THE BID OF RACAL-MILGO INFORMATION SYSTEMS, INC. AUTHORIZING THE CITY MANAGER. TO ACCEPT GRANTS FOR A CULTURAL PROGRAM BASED ON AFRO-AMERICAN HERITAGE ENTITLED "KWANZA FESTIVAL-3rd YEAR" FROM METROPOLITAN DADE COUNTY. IN CONNECTION WITH THE 4THANNUAL RE-ENCUENTRO CUBANO, SPONSORED BY THE CITY OF MIAMI, THE UNIVERSITY OF MIAMI, AND THE NATIONAL ENDOWMENT FOR THE ARTS, WHICH IS TO BE HELD ON SEPTEMBER 12, THROUGH OCTOBER 8, 1979; PROVIDING A GRANT OF CASH ASSISTANCE IN THE AMOUNT OF $5,000 TO RE-ENCUENTRO CUBANO, UNIVERSITY OF MIAMI IN CONNECTION WITH THE 7TH ANNUAL HISPANIC HERITAGE WEEK, ON OCTOBER 5TH THROUGH OCTOBER 14TH, 1979, CLOSING CERTAIN STREETS TO THROUGH TRAFFIC ON OCTOBER 14TH, 1979 DURING SPECIFIED HOURS. AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO THE LAW FIRM OF SHUTTS & BOWEN THE SUM OF $17,500.00 IN FULL AND COMPLETE SATISFACTION OF ITS CLAIM FOR FEES FOR SERVICES RENDERED DURING ITS REPRESENTATION OF FLORIDA EAST COAST RAILWAY COMPANY REQUESTING THE DADE COUNTY COMMISSION TO IM- MEDIATELY DEVELOP THE APPROPRIATE MECHANISM TO FINANCE THE METRO & FIRE RESCUE SERVICE IN FISCAL YEAR 1979-1980 WITHOUT COST TO MIAMI TAXPAYERS, OF PERMIT $1,196,740 TO THE CITY OF MIAMI REPRESENTING THE AMOUNT OF DOUBLE TAX COLLECTED WITHIN MIAMI IN CONNECTION WITH THE 2ND ANNUAL OKTOBERFEST, ON OCTOBER 27, 1979, CLOSING CERTAIN STREETS TO THROUGH TRAFFIC ON SAID DATES DURING SPECIFIED HOURS TRANSFERRING AND REPLACING CERTAIN CERTIFICA- TES OF CONVENIENCE AND NECESSITY ISSUED UNDER THE PROVISIONS OF CHAPTER 56 OF THE CODE OF THE CITY OF MIAMI APPROVING THE EXPENDITURES OF A SUM NOT TO EX- CEED TEN THOUSAND ($10,000) DOLLARS TO THE ACTUARIAL FIRM OF EDWARD H. FRIEND & COMPANY R-79-643 R-79-644 R-79-645 R-79.-646 R-79-647 R-79-648 R-79-649 R-79-655 R-79-656 R-79-659 0059 79-643 79-644 79-645 79-646 79-647 79-648 79-649 79-655 79-656 79-659 - - .TEN NO. 12 13 14 15 16 17 18 19 20 21 22 23 DOCUMENTCUIVIENT•I NDEX CONTINUED iDENTiFiCATiON COMMISSION RETRIEVAL ACTION CODE NO. NT BY THE BOARD OF OF THE MIAMI CITY GENERAL EMPLOYEES RETIREMENT PLAN OF THE FIRM OF COOPERS & YBRAND TO PERFORM A STUDY OF ALL BROKERAGE � R-79-660 79-660 APPROVING THE EMPLOYME TRUSTEES T L TRANSACTIONS COMPLETED. GRANTING TO DADE COUNTY A QUIT CLAIM DEED CONVEYING PREVIOUSLY ACQUIRED PUBLIC RIGHT OF WAY FOR IMPROVEMENT PURPOSES ALONG N.W. 32 AVENUE RESERVING TO THE CITY OF MIAMI THE RIGHT TO USE SAME FOR UTILITY PURPOSES ACCEPTING THE BID OF JONES EQUIPMENT CO. FOR FURNISHING 159 SMITH & WESSON REVOLVERS FOR THE DEPARTMENT OF POLICE ACCEPTING THE BID OF GLIDDER COATINGS AND RESINS FOR FURNISHING L,100 GALLONS OF PAINT FOR THE CULMER REVITALIZATION PROGRAM ACCEPTING THE BID OF ACE -PARKER, INC AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO ISRAEL GONZALEZ AND MARIE GONZALEZ, THE SUM OF $8,685.10 IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY, AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO GENECA DANIELS, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $16,000 AUTHORIZING AN INCREASE IN THE SCOPE OF THE CONTRACT IN AN AMOUNT NOT TO EXCEED $29,9000 FOR THE BUENA VISTA COMMUNITY DEVELOPMENT PAVING PROJECT -PHASE III -BID "A" ALLOCATING THE ADDITIONAL AMOUNT OF $29,000 FROM COMMUNITY DEVELOPMENT FUNDS ORDERING NORTH 59TH STREET HIGHWAY IMPROVE- MENT H 4452 ACCEPTING THE COMPLETED WORK PERFORMED BY M.E.T. CONSTRUCTION, INC AT A TOTAL COST OF $257,434.00 FOR THE FIRE STATION NO. 10 ADDITION -1978 AUTHORIZING AND DIRECTING THE CITY MANAGER TO SEND A LETTER TO THE HONORABLE TIP O'NEILL, SPEAKER OF THE HOUSE OF REPRESENTA- TIVES, UNITED STATES CONGRESS, WASHINGTON D.C. URGING FINAL CONSIDERATION OF THE IN- TERGOVERNMENTAL FISCAL ASSISTANCE AMENDMENT OF 1979 ESTABLISHING A TOURIST INFORMATION CENTER TO BE STAFFED WITH MULTI-LINGUAL TOURIST GUIDES WHO WILL WEAR DISTINCTIVE UNIFORMS WITH AN INTERNATIONAL FLAVOR AND WHO WILL BE PROVIDED WITH PORTABLE AND MOBIL COMMUNI- CATION EQUIPMENT R-79-661 R-79-662 R-79-662 R-79-664 R-79.-665 R- 79_-.666 R-79-667 R-79-668 R-79-669 R-79-670 R-79-671 79-661 79-662 79-663 79-664 79.-665 79-666 79-667 79-668 79-669 79-670 79-671 1 YDOCUI/IENTiiNDEX CONTINUED - ,TDI NO. 24 25 26 DOCUMENT IDENTIFICATION RESCHEDULING THE REGULAR CITY COMMISSION MEETING OF OCTROBER 11, 1979, TO TAKE PLACE ON OCTOBER 15, 1979, AND CONTINUING ALL PLANNING AND ZONING MATTERS SCHEDULED TO BE HEARD AT THE REGULAR CITY COMMISSION MEETING ON SEPTEMBER 27, 1979, TO TAKE PLACE ON OCTOBER 15, 1979 AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARDED TO THE CITY OF MIAMI FROM THE UNITED STATES COMMERCE DEPARTMENT ECONOMIC DEVELOPMENT ADMINISTRATION FOR PHYSICAL IMPROVEMENTS FOR THE PROPOSED LATIN QUARTER PROJECT APPROVING THE CONCEPT OF PERMITTING EM- PLOYEES OF THE DEPARTMENT OF TOURIST PROMO- TION WHO MAY BECOME EMPLOYEES OF DADE COUNTY'S DEPARTMENT OF TOURISM THE ALTERNA- TIVE OF: (1) JOINING THE FLORIDA RETIREMENT SYSTEM COMMISSION ACTION R-79-672 R-79-673 R-79-674 RETRIEVAL CODE NO. 79-672 79-673 79-674