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HomeMy WebLinkAboutCC 1978-11-09 MinutesC.,TY OlE1 MIAI1RE • • • . 4 it ,_. 1. 1 outi � (IF MEETING HELD ON ep ISSION UTES November 9, 1978 P'ZPARED a" THE OFFICE OF THE CITY CLERK CITY HALL RALPH Go ONGIE CITY CLERK TEM R 1. . 2. 3 4. 5. 6. • 7. 8. tragic CI4CISI^'MISSIonliNif,-TFCORiIYi &a cr RATIFY COLLECTIVE BARGAINING AGREEMENT - INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO, LOCAL 41587. RAl'IFY COLLECT LVE BARGAJ.NING AGREEMENT -- FRATERNAL ORDER OF POLICE, LODGE 1120. PRESENTATION OF SEMI-ANNUAL AFFIRMATIVE ACTION STATUS REPORT. PRESENTATION OF MR. ROBERT BORMAN OF SKBB, INC., CONCERNING FIRE STATION 419 DESIGN. RECOMMENDATION BY CITIZENS COMMITTEE GARDIING SALE OF BEER IN THE ORANGE BOWL. ('CA.,-e . 2!/-LG� — RECEIVE SEALED BIDS FOR SALE OF $6,000,000 SANITARY SEWER SYSTEM BONDS, $5,000,000 STREET & HIGHWAY IMPROVEMENT BONDS, $2,000,000 FIRE FIGHTING, FIRE PREVENTION & RESCUE FACILITY BONDS & $5,000,000 STORM SEWER BONDS. CONT'D DISCUSSION - RECOMMENDATION BY CITIZENS COMMITTEE REGARDING SALE OF BEER IN THE ORANGE BOWL, CALL SPECIAL MEETING. AMEND SEC. 56-45.1 OF THE CODE BY PROVIDING FOR AN INCREASE IN FARE CHARGED BY HOLDERS OF CERTIFICATES OPERATING JITNEY BUSES. 9. AMEND SECTION 1 OF 8719, THE SUMMARY GRANT APPROPRIATION; ORDINANCE BY ESTL.RLISHING A NEW TRUST AND AGENCY FUND - KWANZA FESTIVAL. 11. PRESENTATION BY DR. JOHN DYER, OFFICE OF TRANSPORTATION ADMINISTRATION - CONTRACT NEGOTIATIONS FOR PRELIMINARY ENGINEERING OF DOWNTOWN PEOPLE MOVER. REFER TO CITY MANAGER - WAIVER OF RENTAL FEE OF LITTLE HAVANA COMMUNITY CENTER IN CONNECTION WITH THE FIRST ANNIVERSARY OF THE DEATH OF MANUEL ARTIME, NOVEMBER 17, 1978. 12 AUTHORIZE AGREEMENT WITH ALLAN POMS AS RESIDENT ENGINEER FOR THE MIAMI ADMINISTRATION BUILDING (PHASE I) 13. 14, AUTHORIZE PURCHASE IN LIEU OF CONDEMNATION PROPERTY LOCATED AT 1105 S.W. 2 AVENUE FOR FIRE STATION 414. DESIGNATE COMMISSIONER J. L. PLUMMER AS VOTING DELEGATE AND COMMISSIONERS ROSE GORDON AND THEODORE GIBSON AS ALTERNATE VOTING DELEGATES TO ATTEND THE NATIONAL LEAGUE OF CITIES SESSION NOVEMBER 29, 1978 IN ST. LOUIS, :MI S SOURI . CLOSE CERTAIN STREETS TO THROUGH TRAFFIC FOR THE COCONUT GROVE ARTS FESTIVAL FEBRUARY 16, 17, & 18, 1979. WAIVE ONE-HALF OF RENTAL FEE BAYFRONT PARK AUDITORIUM, DECEMBER 17, 1978 - MIAMI COMMUNITY POLICE BENEVOLENT ASSOCIATION FASHION SHOW. QRDI �lANCC OR SOLUTION 0. R- 78-683 R- 78-684 DISCUSSION M- 78-685 DISCUSSION R- 78-686 Deferred Temp, Deferred First Reading DISCUSSION DISCUSSION I - 78-687 R- 78-688 R- 78-689 R- 78-690 R- 78-691 TIEM rritEx CI 41gMFICEMAraltItt ACT 17. CLAIM SETTLEMENT - AUTHORIZE DIRECTOR OF FINANCE TO PAY VCCTOR BROWN $9,000. 18. BID ACCEPTANCE - SYSTEMATIC MAINTENANCE AND EMERGENCY SERVICES - POLICE DEPARTMENT. 19. (A) ACCEPT COMPLETED WORK - D. M. P. CORP. FOR N. W. 19 AVENUE COMMUNITY DEVELOPMENT PAVING PROJECT (CONSENT AGENDA). 20. 22, 23, 24. 25. 26. 27. 18. (B) AUTHORIZE AGREEMENT RETAINING FRANK J. COBO AS ADMINISTRATIVE ASSISTANT TO MAYOR MAURICE A. FERRE. (CONSENT AGENDA) (C) AUTHORIZE QUIT CLAIM DEED RELEASING 20-FOOT EASEMENT THROUGH LOTS 12, 13, 14 OF SNUG HARBOR (91-79); ACCEPT 15-FOOT PERMANENT EASEMENT THROUGH WESTERLY 15 FEET OF LOT 7 OF SNUG HARBOR (91-79). (CONSENT AGENDA) (D) BID ACCEPTANCE - ROBERT E. LEE BALLFIELD DEVELOPMENT. (CONSENT AGENDA) (E) BID ACCEPTANCE - PHOTO LAB EQUIPMENT FOR THE DEPARTMENT OF POLICE. (CONSENT AGENDA) (F) BID ACCEPTANCE - FOUR CHANNEL RECORDER AND LOGGING SYSTEM FOR THE OFFICE OF THE CITY CLERK. (CONSENT AGENDA) CLAIM SETTLEMENT - MARLENE FRAGOS, AUTHORIZE DIRECTOR OF FINANCE TO PAY $50,000. AWARD $6,000,000 SANITARY SEWER SYSTEM BONDS, $5,000,000 STREET & HWY. IMPROVEMENT BONDS, $2,250,000 FIRE FIGHTING, FIRE PREVENTION & RESCUE FACILITIES BONDS & $5,000,000 STORM SEWER IMPROVEMENT BONDS TO BACHE HALSEY STUART SHIELDS INC. AND ASSOCIATES. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS, PUBLIC HEARING ON STATUS OF MR. ISIDRO BORJA AS A MEMBER OF THE PLANNING ADVISORY BOARD UNDER SECTION 62-19 OF THE CODE. PUBLIC HEARING - CONFIRM ORDERING RESOLUTION NO. 78-232 AND AUTHORIZE CITY CLERK TO ADVERTISE FOR SEALED BIDS - POINT VIEW HIGHWAY IMPROVEMENT H-4309, DEFER TEMPORARILY. RECEIVE SEALED BIDS FOR CONSTRUCTION OF CITY WIDE SANITARY SEWER EXTENSIONS IMPROVEMENT SR-5448-C. PUBLIC HEARING CONT'D - POINT VIEW HIGHWAY IMPROVEMENT H-4309, TEMPORARILY DEFER. PERSONAL APPEARANCE OF MR. FRED HIRT; DIRECT CITY MANAGER TO FIND MONEY NEEDED TO FUND DOUGLAS GARDENS - LEGION PARK PROGRAM FOR SENIOR CITIZENS. PUBLIC HEARING CONT'D - POINT VIEW HIGHWAY IMPROVEMENT H-4309, PROCEED WITH MODIFIED VERSION. tINANCE OR SOLUTION N0. R- 78-692 R- 78-693 R- 78-694 R- 78-695 R- 78-696 R- 78-697 R- 78-698 R- 78-699 R- 78-700 R- 78-701 PRESENTATIONS SEE LATER R- 78-708 Temp. Deferred M- 78-704 Temp. Deferred M- 78-705 M- 78-706 ITEM NO, � 1 29. 30. 31. 32. NIP 33. 34. 35. 36. 38. 39. 40. 41. 42. 143. �4. GI tr tax tivt.--s 1,f 41stittRig SUBJECT AMEND RESOLUTION 78-620 BY REDUCING ALLOCATION FOR COCONUT GROVE FAMILY CLINIC AND APPROVING THE ALLOCATION OF FEDERAL REVENUE SHARING FUNDS FOR PERIOD OF DECEMBER 1, 1978 THROUGH SEPTEMBER 30, 1979 FOR RIVE AGENCIES. DECLARE VACANT THE POSITION HELD BY ISIDRO C. BORJA ON THE PLANNING ADVISORY BOARD DUE TO DISCONTINUED CITY RESIDENCY; EXPRESS APPRECIATION FOR PAST SERVICES. PUBLIC HEARING - CONFIRM ORDERING RESOLUTION 78-610 AND AUTHORIZE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR PINES SANITARY SEWER IMPROVEMENT SR-5450-C. PUBLIC HEARING - CONFIRM ORDERING RESOLUTION 78-611 AND AUTHORIZE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR PINES SANITARY SEWER IMPROVEMENT SR-5450-S. PERSONAL APPEARANCE OF PARKER THOMPSON AND CHARLES PAWLEY WITH REFERENCE TO PROFESSIONAL STANDARDS FOR SELECTION OF ARCHITECTS FOR PUBLIC BUILDINGS. PERSONAL APPEARANCE OF WILLIAM R. PERRY, JR., GREATER MIAMI BRANCH OF NAACP - PROPOSED CIVIL SERVICE RULE CHANGES & RELATED CONCERNS. PERSONAL APPEARANCE OF ATTORNEY PHILIP M. GERSON CONCERNING SGT. HOMER LANIER & THE PROPOSED REVISED CIVIL SERVICE PULE CHANGES. DADE COUNTY COMMUNITY RELATIONS BOARD REGARDING PROPOSED REVISED CIVIL SERVICE RULE CHANGES. PERSONAL APPEARANCE OF MR. STEPHAN SONN CONCERNING THE OFF-STREET PARKING AUTHORITY. PERSONAL APPEARANCE OF MR. RON LIEBERMAN ON BEHALF OF VICTOR LOGAN WITH REFERENCE TO USE OF THE COCONUT GROVE EXHIBITION CENTER IN JUNE OF 1979. APPROVE IN PRINCIPLE THE MIAMI CAPITAL IMPROVEMENT PROGRAM 1978-1979, DIRECT PLANNING DEPARTMENT TO REVISE AND UPDATE SAME ANNUALLY. AMEND SECTIONS 1, 3 & 5 OF 8716, THE ANNUAL CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, BY ESTABLISHING NEW FUNDS; MAKING ADJUSTMENTS, ETC. AMEND SEC. 56-45.1 OF THE CODE BY PROVIDING FOR AN INCREASE IN FARE CHARGED BY HOLDERS OF CERTIFICATES OPERATING JITNEY BUSES. ACCEPT PROMOTIONAL PRESENTATION OF EVELIO LEY & ASSOCIATES FOR $24,700 CITY OF MIAMI PROMOTIONAL PACKAGE; ALLOCATE SAID FUNDS FROM 3RD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUND. AMEND MOTION 78-501 - INTERNATIONAL FILM FESTIVAL - BY AMENDING THE AMOUNT OF THE CITY'S CONTRIBUTION. PERSONAL APPEARANCE BY REPRESENTATIVES AND EMPLOYEE MEMBERS OF A.F.S.C.M.E. LOCAL 1907 REGARDING PROBLEMS IN THE COLLECTIVE BARGAINING NEGOTIATIONS. R- 78-707 R- 78-708 R- 78-709 R- 78-710 M- 78-711 DISCUSSION DISCUSSION DISCUSSION DISCUSSION DISCUSSION R- 78-712 Ord. 8874 • First Reading Deferred M- 78-713 DISCUSSION PAGE NO. 57 - 60 60 - 61 61 - 66 66 67-68 68 - 69 69 - 71 71 - 76 76-78 78 - 85 86-87 88-91 91 - 92 92 - 95 95 - 96 97 - 103 MM 1 1 ■• ■MIME 1110 t1NUtE5 OF RE.Cili' AR riEF,TtNA OP THE CITY COMmtiSION OF MIAMI, FLORIDA * * * * * On the 9th day of November, 1978 , the City Commission of Miami, Florida met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meting was called to order at 9:35 O'Clock A.M. by Mayor gaurice A. Ferre with the following members of the commission found to be present; Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferre Vice -Mayor Manolo Reboso ALSO PRESENT: Absent: Mr. Plummer (death in family) Joseph R. Grassie, City Manager R. L. Fosmoen, Assistant City Manager George F. Knox, City Attorney Ralph G. Ongie, City Clerk Matty Hirai, Assistant City Clerk An invocation was delivered by Reverend Gibson who then led those present in a pledge of allegiance to the flag. Mayor Ferre: Good morning ladies and gentlemen. This is a regular City of Miami Commission meeting. We nave the approval of the previous Minutes. Mr. Clerk, and Clerk, do we have,.. Mr. Hirai: I believe it is indicated in the agenda Mr. Mayor, the ones we are approving today. Mayor Ferre: Do we have the full minutes of the September 27th Meeting? Ms. Hirai: That is correct. Mayor Ferre: Is there a motion then. Its been moved by Reboso, seconded by Gibson, further discussion on the approval of the Minutes, call the roll. We will hold off the approval,...Rose will you let us know when you are ready? Okay. Before we get into the regular agenda, I understand that the Firefighters have to go to a convention,...or the police. Mr. Grassie: 22 and 23 at Mayor Ferre: Mr. Mielke? The Firefighters, yes, sir. And they would like to take up items this time. Out of turn. So let's take up items 22 and 23 out of turn. I RATIFY COLLECTIVE BARGAINING AGREEMENT - INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO, LOCAL #587 Mr. Mielke: Mr. Mayor on behalf of the administration we are here to recommend the ratification of the 3-year labor agreement recently negotiated with the Firefighters Local 587. Mayor Ferre: All right. Mr. Hall?. Mr. Charles Hall: We have, speaking in behalf of Local 587, International 1 NOV 9 1971 III II III Ill IIIIUIII lI l I ul l ICI IIIIIIIIIII 1111111111 lllllllu■IIIIuiuiIIIuii Association of Firefighters, we presented the proposed agreement to Our membership i.::d it has been ratified by a majority of the members voting on the wstioo of rjtificataion. Mayor Ferre: It has been ratified. You obviously then recommend it. Mr. Hall: Yes, we do. Mr. Mielke:Yes, Mr. Mayor. Mayor Ferre: Is there a motion? Rev. Gibson: I move. Mayor Ferre: Moved by Gibson, seconded by Rose, further discussion, call the roll. The following resolution was introduced by Commissioner Gibson who moved its adoption: RESOLUTION NO. 78-683 A RESOLUTION AUTHORIZING THE CITY MANANGER TO ENTER INTO A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO, LOCAL NO. 587, FOR THE PERIOD OF OCTOBER 1, 1978 THROUGH SEPTEMBER 30, 1981, UPON ITS RATIFICATION AND SUBJECT TO THE TERMS AND CONDITIONS OF SUCH AGREEMENT AS SET FORTH IN THE ATTACHED COPY THEREOF (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon , the resolution was passed and adopted by the following vote - AYES: Rev. Gibson, Mrs. Gordon, Mr. Reboso, Mayor Ferre. NOES: None. ABSENT: Mr. Plummer. ABSTAINING: None. Mayor Ferre: Charlie, see how easy is it? By the way, in Washington you are not going to be able to wear jackets like that. Mr. Hall: I hope you are right. • 2. RATIFY COLLECTIVE BARGAINING AGREEMENT - FRATERNAL ORDER OF POLICE, LODGE #20. Mayor Ferre: We have item 23, while we are at it. Mr. March? I'll start with Dean. Mr. Dean Mielke: Mr. Mayor, on behalf of the administration, we heard your ratifying support on the 3-year contract with the Fraternal Order of Police, Lodge No. 20. Mr. Don March: Mr. Mayor, I have submitted the proposed contract to the member- ship, and ratification vote. It passed by a majority yesterday. And then we recommend it. there furtherIaiscussion onion. Mrs. Item 23? Callon theonojj,Father Gibson seconds. Is 2 • NOV 9 1978 the fallowing resolution was intrYoduced by Commissioner moved its adoption: rdoh w hb RESOLUTION NO. 78-684 A RESOLUTION AUTHORIZING THE CITY MANANGER TO ENTER INTO A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE FRATERNAL ORDER OF POLICE, LODGE NO. 20, FOR THE PERIOD OF OCTOBER 1, 1978 THROUGH SEPTEMBER 30, 1981, UPON ITS RATIFICATION AND SUBJECT TO THE TERMS AND CONDITIONS OF SUCH AGREEMENT AS SET FORTH IN THE ATTACHED COPY THEREOF (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson , the resolution was passed and adopted by the following vote- AYES: Mrs. Gordon, Mr. Reboso, Rev.Gibson and Mayor Ferre: NOES: None. Mr. Plummer absent. Mayor Ferre: In my vote, Don, and the fellows that have been working on this, I really want to congratulate you for not only your persistency, but your sense of balance in this. Its interesting to me that we really, --I think you represented 11 your men well, --they are obviously pleased or they wouldn't have ratified, --the majority are. I am going to write a letter to President Jimmy Carter and tell him that the City of Miami is following his advice, and we are complying,.... Mr. March: I appreciate that, and so would the membership. Mayor Ferre: ..and I think it is a good balance all the way around. I think the 3-year contracts are good for all of us. And I think we can all now settle down to do what I know you know how to do best, and that's to make this a better City. I hope that this augers for a lot of harmony and good feelings and getting down and doing the job, that we need to do for this community. So my gratitude to all of you and all of the membership for a job well done. And I vote 'yes'. 3. PRESENTATION OF SEMI-ANNUAL AFFIRMATIVE ACTION STATUS REPORT. Mayor Ferre: All right. Now, we are on the regular agenda which is item A, which is the semi-annual affirmative action status report. Mr. Grassie: I would like to have Bob Krause, Mr. Mayor and members of the City Commission, introduce this subject. Mayor Ferre: Mr. Krause. Mr. Robert Krause: Mr. Mayor and members of the Commission, this is the second report that we have submitted under the Affirmative Action plan adopted by the City Commission in January of this year. We submit a report every six month. It is difficult to spot significant trends during any 6-month period. I.think it is important to note however that in our previous report and our previous discussion with the Commission, we talked about many of the major problems that we have in the area of Affirmative Action,,and I think it is fair to say that these problems remain basically unchanged. There has been modest progress during this reporting period in the total employment of minorities and women, and in key jobs in the City government. We began keeping statistics as of December 31, 1976. During the 18-months period ending June 30, 1978, minority employment increased from 45% of the total to 55% of the total. It is also fair to say that this is due in significant measure to the sizeable increase in the total number of CETA employees in the City work force, because we added approximately 6 or 7 hundred CETA jobs during the past year. The key appointments by the City Mananger durning this reporting period include 3 Anglos, 3 Blacks, and 2 Latins, which constitutes 621/4 percent minority appointments. 3 ■ iME ■ ■ ■ ■ ■ ■ ■ ■ Mrs, Gordon: Mr, Krause, I wish in your analysis,...Anglos, Blacks, th you would also have a category for women. Mr. Krause: I'rn sorry, the report itself does. Mrs. Gordon: I am trying to find the sheet you are reading from, the page that you are on. Mr. Krause: No, I am reading from notes at the present time, Mrs. Gordon, trying to summarize the report and put in some kind of perspective, Mrs. Gordon: All right. You understand what my point is then? Mr. Krause: Yes. Mrs. Gordon: Okay. Mr. Krause: The unclassified service, that is, the CETA jobs which are at the bottom of the payscale, and the top of the pay ladder, which is also the un- classified service,are both more susceptible to conscious affirmative action efforts and in those two areas the City's efforts have been more successful. The classified service presents somewhat more difficulty and has led to a large number of court cases that are now pending, and I think the Commission is aware of those. My memorandum report to the City Mananger summarizes five key points,including the need to provide job opportunities for minorities and women in a broader area of the City's work force and at higher salary levels and higher administrative levels in the City government. This was intended as a kind of a brief introduction to the general subject and I'd be glad to answer questions. Mr. Grassie: With this introduction Mr. Mayor we would next like to ask whether there are some parts of the report that you would like us to emphasize, or if you would like any other specific discussion. Mayor Ferre: Are there any questions of Mr. Krause? Are there any questions? Mrs. Gordon: Its an observation. I observed that, although there's a real strong effort to hire the minorities. For some reason or other, there's not a strong effort to hire women in the higher paying jobs, and I haven't seen much progress taking place in this City with relationship to the toplevel jobs. Mayor Ferre: I would concur with that statement. Personally, I think that an awful lot needs to be done. You know, these things are not easy. They are not going to happen alone, and it is going to take a lot of concerted effort on our part. And I concur with what Rose said. Is there anything else? Any other statements or questions? If not, thank you very much, Mr. Krause. 4. PRESENTATION OF MR. ROBERT BORMAN OF SKGB, CONCERNING FIRE STATION #9 DESIGN. Mayor Ferre: Well will take up Item #C, which is Mr. Bob Borman, of SKBB Inc. concerning fire station #9, the design. Mr. Robert Borman: Good morning ladies and gentlemen. Rev. Gibson: Good morning. Mr. Borman: Pleased to be with you this morning, and I have with me Joe Metzo the project architect on station #9, from our firm. And of course Morris Kaufman is with us as well, your assistant City Mananger. We are really enjoying this Commission. We are in our 20th day of work, we are meeting with the users, the firemen, Chief and staff every week to 10 days, and that is a real pleasure because there are no surprises. We are working together. We have with us this morning what we call schematics, which are plans, elevations, site plans. We NOV 9 1978 E■■I■IIIIIIIIIIIIIIIIIIIII■IIIIIIIIIIIIIIIIIIIIIIIIIII IIIII III IIIIIIIIIII IIIIIIIUIIIIIII I I111111u IE imi • A1sd Medo a little study model, and we also have done a perspective sketch of the station. The City Mananger has seen the presentations. We believe we have everyone together with our whole team on the approach. We're also, you'll be happy to hear, within budget on the project. May I show you some of these things? Rev. Gibson: Yes, sir. Mr. Borman: This is the site at 62nd and Miami Avenue. Mayor Ferre: It looks like we have a propensity for siloes in the City of Miami. Mr. Botmar1:This is a hose tower. This is a very functional silo. The Jiving quarters, equipment room, the officers and public quarters are here. The sketch shown is opposite Notre Dame Academy which is across the street,... Mayor Ferre: Very attractive. Mr. Borman: We have plans here to, --I know you are not interested in details, but if you have any questions, we will be glad to entertain them. Mayor Ferre: Could we see the plans? Father Gibson? Rev. Gibson: Let me ask,..I saw the Chief here earlier. Is he still here? Mr. Grassie: I think he stepped out into the hall Commissioner. He did not anticipate that this item would come up this soon. Rev. Gibson: I know. The reason I wanted to make sure he was here, one of the things was pointed out in that fire station on 12th and 20th,.. Mr. Grassie: Yes. Rev. Gibson:...how practical and serviceable that building is. I want to make sure he and his men are saying the same thing about this one, so that we don't,.. I'd like that. Mr. Borman: It's a point well taken Father Gibson, and I hope they find the Chief. I'm sure he will endorse that but in the meantime let me show these sketches. Rev. Gibson: Right. Inaudible. Mayor Ferre: Bob I think that is a very clean statement. A very nice building. Rev. Gibson: Where's the cooking area and all that business,where they serve that meal. I want to make sure they remember to invite us back for a....see if I don't put that in there they could give me the excuse for not inviting. Unidentified: They wanted your approval. Rev.Gibson: Right. Mayor Ferre: Do you need any action on this Mr. Mananger? Mr. Grassie: No. This is an effort on our part Mr. Mayor and members of the City Commission to keep the City Commission abreast of the design process. It also represents an effort on the part of the Fire Department to design three different stations at the same time. We have three projects like this going forward. You remember that you awarded the commissions to the architects last month, and this particular one is moving very quickly, and we wanted to let you see how its coming along. We have called for the Fire Chief. He had headed back to his office to answer a call, but we are going to ask him to come back if we can arrange it. Mayor Ferre: Has the contract been signed? Mr. Grassie: With the architects, yes. Unidentified: There he is. 1111 IIIIIIIIIII III1111II1IIIIIII III1III■1 Rev, Aibson: Right. Chief I wanted t esk a 4uestiOn. You saw those plans? Chief Brice: Absolutely. Rev. Gibson: Are they as good as the one you recommended on 20th and 12th? I'm talking about all that cooking facility, you remember,...and all that other. Chief Brice: We have been closely associated with this and we think the design ability from the fire standpoint is excellent. We are happysatisfiedgnand we've got some more work to do, but at this point we are thoroughly and we think we've got a better building, and the City of Miami can be proud of it. Rev. Gibson: All right, sir. j Mayor Ferre: All right. Thank you very much. All right, Bob my thanks on II behalf of all of us and keep up the good work. That's a beautiful building. ld ask Mr. Grassie:I wonder Mr. Mayor,h thetdesignthe whether wewhether couldwe haveuat leastoyour u if you do feel comfortable indiciation through a motion thatyou do approve of the progress that's being made and of the design we are talking about. — Rev. Gibson: I move. Mayor Ferre: There's a motion end a scond from a 5 minute breakprl'veogotna long d. Call hstanceroll. And after that I've got to tok call to make. The following motion was introduced by Commissioner Gibson who moved its adoption: MOTION NO. 78-685 A MOTION APPROVING9 THE ESIGN AND DNDICATINGMITTED BY APPROVAL OFBB, INC. PROGRESSOF FIRE STATION NO. Upon being seconded by Commissioner Gordon , the motion was passed and adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson ViceMayor Manolo Reboso Mayor Maurice A. Ferre Absent: Mr. Plummer. NOES: None. Rev. Gibson: Just remember, when you invite me at the dedication, serve another meal. Chief Brice: We'll never forget to invite you. (See related Resolution No. 78-715). • BRIEF RECESS. NOV 9 1978 . RECOMMENDATION BY CITIZENS COMMITTEE REGARDING SALE OF BFFR IN HE ORANGE BOWL. Mayor Ferre: Mr, Grassie, we will take .'p, if you would please,... Mr. Grassie: Mr. Mayor and members of the City Commission, at the last meeting of 'in? City Commission you asked that we reduce to writing the recommendations of your Citizens Committee on the question of reaching an jgreennt between the City and the Dolphins with regard to the use of the Orange Bowl, particularly with regard to the question of beer in the Orange Bowl. The Chairman of that Citizens Committee, Mr. Mitchell Wolfson, has made his recommendation to you. He is here, since the Mayor was not in attendance at the last meeting, he has returned to the City Commission to present it again, and if you wish, we could run through basic terms but I would suggest that we let Mr. Wolfson address the question. Mayor Ferre: Col. Wolfson we are always honored to have you here as a former mayor of Miami Beach, and an activist in just about every civic matter of importance that has occured here for a long, long time. The City of Miami is always grateful for the tremendous amount of time that you dedicate to things that are of interest to all of us. I might point out that Commissioner Plummer sends his personal apologies for not being here to listen to your report. His grandmother died, and he is today in Key West where the burial is taking place. They couldn't put it off. He told me that if we came to a deadlock on this, and if the Commission wanted that he would be willing to meet tomorrow on any items that we deadlocked on, where we need a vote, that might be important, if the rest of the Commission could do it. I don't know what the will of this body is going to be, so why don't we just go ahead and listen to your report. One last thing. I just want to thank you once again, for I know the large amount of time that you spent, you and your Committee and your advisors looking into the different contracts and the dif- ferent alternatives that are available to us. Col. Wolfson: Mr. Mayor, and members of the City Commission, I want you to know that whatever decision you make, I'll respect it. I'll always support you in your wisdom in doing what is best for the City of Miami, which is the reason I am here, and the reason I've spentso many years trying to make sure that the City of Miami always remains the City of Miami and does a good job as it has always done, and I am sure will continue to do for the community. When the Mayor asked me to serve on this Committee together with a number of up- standing citizens. 1 felt it was my responsibility to do what was important for the citizens of the Community, and to recommend to you what was reasonable and fair to City, first and primary, and secondary, what would be good for the community as well as the Dolphins. And our recommendation was based on what in our opinion, is an excellent deal for the City, and should return to the City, in our opinion, over a million dollars a year over the length of the lease. And so we came up with this recommendation, which would do two things. One, first and foremost, you would have a much better scoreboard, --a good one. One, that would be pleasing to the eye, and one which would permit the patrons of the Orange Bowl, not only for the Dolphin games but any other games that might be played there, to see an excellent scoreboard, and at the same time provide the City with some income, and not have the City put up any money. I was under the impression, and I still am, that the thing to do was, whatever was done there, in the way of the serving of beer for the scoreboard, that the City would not have to lay out any cash money. I know your budget is very tight, and I realize that the way this thing should be done, if it was going to be done, that the Dolphins would have to lay the money out, and that they would recoup their money out of the profits that would come from the beer and from the score- board, and that's exactly what we did. The second thing we wanted to be sure of that there would no beer served during high school games and if you permitted a Rock concert or any entertainment of that sort, that there would be no beer served during those periods. And we certainly wanted to make sure that there were no bottles in the Orange Bowl, no cans, for the safety of the public. And that is all incorporated, in our recommendation. And our recommendation 7 which the City Mananger, 1 think has before you, and 1 don't think it is necessary to read, but 1 will be glad to answer any questions about any of the terms and conditions if any of the members of the Commission want me to. And we very strongly recommend that you adopt this program for what was decided by the public, that they wanted beer in the Orange Bowl, and two that you will have a very fine scoreboard, and that you would have some cash money eventually out of this thing which will enable you to do whatever you want to do with those funds which I believe now go to pay off the bonds if there are any of them left, and then goes to your general fund. Gentlemen,ladies, of course, I am open for any suggestions. We now have a lady senator, so we have to be very sure that we take care of all the ladies. I thought that was wonderful, didn't you Rose, out in Kansas? Mayor Ferre: Colonel, the committee, --and I might say that I thought very care- fully of how to get a very balanced Committee and I think that the Committee is reflective of the community, and is certainly the type of Committee who are bankers or businessmen and who all are highly respected. Did Stuart Thomas, Carlos Arboleya and Bill Rubin ever catch up with any of the meetings? Col. Wolfson: They didn't attend the meetings because they were out of town but for instance Mr. Bill Rubin called me, and when I read him the situation he said I endorse it a hundred percent. Just count me as one of the endorsers of the recommendation. Of course Mr. Garth Reeves attended all of the meetings and he was enthused about it as was the lady on the Commission. Mayor Ferre: Jean Bellamy. Col Wolfson: Jean Bellamy. Mayor Ferre: My second question is, I read this thing over very carefully last night. In fact I read it over twice. There's an implication in there but I wasn't completely certain. If by any chance the Dolphins leave the Orange Bowl, I would assume that their contracts would be cancelable? Col. Wolfson: Absolutely, and the property belongs to the City of Miami if they leave, free and clear of any obligation. Mayor Ferre: In other words they wouldn't leave for another stadium and then also then maintain the concession. Col. Wolfson: No, sir. And I can tell you this,...they ain't going to leave. You've got in my opinion, and I've been to many stadiums, one of the best stadiums in the United States, you can see the play from any seat of the stadium. And you've got the way of getting out of that stadium, with leaving it, in a way that is superior to any other way with the traffic problems. You do have a parking problem out there. Maybe one of these days we can solve that, but in the meantime, you've got a way of getting out of that stadium in a hurry that is absolutely superb,...any stadium in the United States. And there ain't no way that the Dolphins are going to leave because it is too good a deal for them. Mayor Ferre: Colonel, let me ask you this question. I notice that you went through an exercise of going through different stadium leases and I notice that they are Team 1, Team 2, Team 3, doesn't clearly identify what Team 1 means, but I read over some of these and then it is your conclusion that the recommendation that you come up with, for both the scoreboard and for the sale of beer and for the other concession, are reasonable as a businessman, and reason- able business -wise and reasonable for the community, for the City. Col. Wolfson: We had a national accounting firm help us with investigations of these other stadiums. They did not want their name disclosed because of private reasons and they advised us, and based on their advice and our judgment, the City of Miami is getting as good a deal, in most cases better, than any other stadium in the country, upon our recommendation . Mayor Ferre: Now comes the question of the extension. At the present time, we have a contract that runs out as you know on April of 1980. Your recommendation then is that it go to July of 1987. So that is a 8-year extension. Now you think that that's a reasonable thing for the City to do? Col. Wolfson: It is not only reasonable but it is essential. These people have a lease on the stadium for that period of time. Now we couldn't expect them to NOV 9 1918 st4 lay out ?bout $700,000.which it is going to Bost to put in the new scoreboard and also the beer operation so that it could be served in paper cups rather than can of beer. They naturally want to get their money back, as the City wants to t;c: t ► t' s money out of it, and In order to induce them to do that, and also for the increased figures that we told them they would have to pay, which is 32% for the First two years, which franchise they now have, called the concession, plus 01 extension of their concession franchise, they will pay 35% on the beer, and they will also increase the concessions from 30.5 to 31%. And so we got them to agree to that increase pay to the City, because of the extension. Now we thought that was very fair and very reasonable, and it certainly is a good deal for tho City based on the figures that we have recommended. Mayor Ferre: How about the part that the City has to pay $210,000 for the alterations for the beer and 50% of the board which is $180,000. You think that is reasonable too? Col. Wolfson: That is very reasonable because the city doesn't actually pay it. It comes out of the earnings of those two areas and then that will belong to the City 100% free and clear. Mayor Ferre: And my last question is, was this a unanimous decision on the part of those that met ? Col. Wolfson: Yes. Unanimous. Mayor Ferre: You didn't have any dissension from any of the members of the Committee? Col. Wolfson: None whatsoever. Mayor Ferre: Well, I have no other questions? Rose? Rev. Gibson:Mr. Mayor, ever since we started a negotiating process, I have stated then, I am stating now, I have reiterated before and I want to reiterate now, all that the Colonel has said I think is great and I concur and I agree. I want this Commission, and for the record, I have never argued vehemently about the percentage. I trust your judgment, the accountants have told. I believe Theodore Gibson, in the best interest of this City must accentuate again that if Mr. Robbie wants to do business with us, and talking about principle, we have as much right to our principle as Mr. Robbie,(at least I have),as Mr. Robbie has to his. Mr. Robbie is saying about good faith and all that business, and so have you, and so did the committee when it was here. I raised the question then, I raise it now. If we know all of these goodies that have been enumerated, and I know them, and I want to agree and concur, why isn't Mr. Robbie willing to give up, and get rid of, take out of, the contract that 3-year cancellation clause? Now, I want to say this for the benefit of everybody so that nobody would go away from here under any misapprehension until that issue is addressed, Theodore Gibson is in accord with all that has been said, and all that was done, but I ain't voting for this contract and agreement until that is addressed. Now, Mr. Robbie doesn't have nowhere to go, and I don't think like you. I said this to the Commission from the very outset that no other stadium in the country lends itself to getting in and getting out, as does our wonderful, Miami Orange Bowl Stadium. Now they aren't fooling Theodore. I travel too, and there is no other Stadium in the country that you could come in from four different ways, --north, south, east and west, --plus. I don't want to belabor this. No other stadium gave so much, and got so little. That's water under the bridge, or over the bridge, or wherever it is, but''Is going to stay put;' about the 3-year can- cellation clause. Mayor Ferre: All right, Mrs. Gordon. Rose, do you have anything you want to add to this? Col. Wolfson: Could I just say one thing, Father Gibson? Mayor Ferre: Of course. Col. Wolfson: Father Gibson? Rev. Gibson: I'm listening. NOV 9 197B t ie Wolfson: We were not charged with any responsibility of renegotiating the franchise for the Orange Bowl Stadium. The only responsibility the Mayor assigned to us, was to work out the terms and conditions if you wanted to have beer served in the Orange Bowi, and if we wanted the new scoreboard. We worked on that and resolved that, but we had nothing to do with the question of charging the terms of the contract of the Dolphins' lease on the Orange Bowl. We were not charged with that responsbility. Rev. Gibson: Colonel, I understand and I appreciate it, and you are correct. The Mananger knew from the word go, --I want you to know how carefully, and how much time I took. The Mananger knew from the word go that Theodore Gibson raised the question, and it was unequivocally stated. I don't expect you to negotiate that. However, as a good businessman, I know that you know, that the cancellation clause is also part of the contract. Isn't that right counsel? Look, Colonel, --all right, Colonel, the Mayor gave me an idea. I will vote, --to accept all that you said, -- that is, you, the Committee, --I'm with you providing Mr. Robbie gets rid of that 3-year cancellation clause. Then I would be keeping faith with you, I would show my appreciation for all that hard work you all have done, because I happen to be a guy who I think,the worst thing to do is to be ungrateful, and I can't be un- grateful to a man like you who has done so much. So I want to say that I want to concur with you about the percentage and even increasing the time and let it run concurrent with, and all equal up to, providing he get rid of the 3-year escape clause. Mayor Ferre: Is that in the form of a motion? Rev.Gibson: I just want you to know where I am. I want to wait until the others have talked and at that point in time I'm willing to offer the motion providing all of us understand, and providing the attorney tells me that if I don't get it, we ain't going tc be doing no business. Mayor Ferre: All right, Commissioner Reboso? Mr. Reboso: Mr. Mayor I am also against the expansion of the contract of the concession until July 1, 1987, besides what Father Gibson is saying about the cancellation clause, --the 3-year cancellation clause. I don't see any point, and I don't see any relation between the sales of the beer and the expansion of the concession until July 1, 1987 at this point. Mrs. Gordon: I'm sorry Manolo, I couldn't hear you. Col. Wolfson: I couldn't hear you either. Mr. Reboso: Besides being against, according to Father Gibson, that he wants to keep the cancellation clause for 3 years, I am against the expansion of the contract of the concession until July 1, 1987. Mrs. Gordon: You are against it in total, regardless of the,... Mr. Reboso: I don't see any relation in what we are discussing here about the beer and the expansion of the contract, of the concession. Mrs: Gordon: It is two different things. Mrs. Gordon: I see your point.You are not in concurrence with Father Gibson on his point? The elimination of the escape clause is not a factor. Mr. Reboso: Sure I would like to see the elimination of the escape clause. Mayor Ferre: He says it is a factor but in addition, he doesn't want to extend it to 1987. Mrs. Gordon: You know my position is pretty clear but I am just trying to get the facts on the table. Apparently your objection is a much more serious objection than Father Gibson's objection in my opinion. Mayor Ferre: Well I think the positions are fairly clear, and what you have here and unfortunately the 5th member is not present, what you have here is kind of an impasse, Colonel, in the one hand, if I can kind of paraphrase these things very quickly, Rose has a philosophical opposition just to the sale of beer which she has been very consistently expressing. Father Gibson has a concern about the 10 NOV 9 1978 3-year cancellation clause that the bolphins have in the Stadium and wants that os a give-and.i:ake. Rebus,_. giants that. In addition, he doesn't want to tie in the concession contra:;; trough 1987. So you have three complc'f.ely divergent ,points of view. I don't know what Plununer's position is going to be, i think, my position is, tha:. I could live with Father Gibson's proposal, and I would really like to ny it on the record formally because I don't know what the others will do, but t would guess the vote would then be 2 to 2. And then that leaves Plumper with thl burden of casting the deciding vote. If Plummer were to then vote with Father Gibson, then the problem is shifted over to the Dolphins, and they would have to decide whether or not they are willing to give up that 3-year escape clause. Now my personal view, if Mr. Robbie is in any way a practical busines$m.tn, is that we are now almost over with the 78 season, if he were to go out and riyure out a way to build a stadium which he hasn't done li+ 10 years, it would take him 3 to 4 years to build it, and therefore I don'tthink that cancellation clause has any real practical value to him. He has to face the reality and perhaps we owe a debt of thanks to Father Gibson for being very con- sistent on this. What Father Gibson in effect is doing is forcing Mr. Robbie to make the decisions to whether or not he is going to stay in the Orange Bowl. Rev. Gibson: Amen. Mayor Ferre: I think that is a fair request. Rev. Gibson: Amen. Mayor Ferre: We are assuming that the terms of the contract that's being proposed is fair because the distinguished group that you chair are recom- mending it. Now if we can get over this other issue, I think we might have hopefully a majority here. I don't know if we will be but Plummer will have to be the deciding vote one way or the other. Col Wolfson: Mr. Mayor could I ask a question of Mr. Reboso? Mayor Ferre: Of course,Colonel. Col. Wolfson: Mr. Reboso, Father Gibson has stated his objection very plainly, one that I can understand. I was wondering if you would explain to me and others what your objections to the extension of the contract to run simultaneous with the lease on the stadium with the Dolphins? Mr. Reboso: I will like the negotiations to be open. I would like the people to bid, once the negotations are over. I think the administration should have that opportunity. Col. Wolfson: Well, if they bid, you couldn't do that for several years, because the present contract runs for at least two more years. Mr. Reboso: That's right. Col. Wolfson: And meanwhile the City would be losing several hundred thousand dollars, which they could gain if you think that the amount that's been offered is reasonable and fair. Mr. Reboso: Well, the actual contract will be running until July 1, 1980. Col. Wolfson: Yes. Mr. Reboso: At that time will be up for negotiations. Col. Wolfson: For bidding. Mayor Ferre: That's not clear, because under the contract terms, and Mr. can speak to this, they have the right of refusal. Col. Wolfson: First refusal. Knox Mayor Ferre: So we've gone through a procedure in court before Judge Ferguson on this and our position was turned down. Now we feel that we could win it in appeal, but the fact is that we didn't win it in the lower court. And that means that we would then have to give Robbie in effect, the right of refusal and then that NOV 9 1978: Probably would be subject, if he didn't get it, to some kind of court pro tedure which then ties it up for,...we are talking about a longer period than July of 1980. Now from a practical point of view, my approach is just simply on a practical basis. Mr. Robbie is a businessman, and he is also, to be kind, rather emotional about things. And he's entitled to that. I mean that's his money that he's dealing with. It's his business and he has a right to approach things any way he wants. He certainly doesn't feel overly friendly to the City of Miami. Whether he's right or wrong is not the point. It seems to me that the more we can do to make his stay at the Orange Bowl attractive, the less chances are the he is going to go out looking for another home, No. 1. And No. 2, the more chances are that he is then going to move along to finally coming about and agreeing with us, we have to improve the Orange Bowl, because we are 5 years behind on that. Now, I don't personally care who is to blame. That's rot important to me right now. I think, you know, everybody has to share the burden of the blame. I think what's important is that we break through and find some kind of solution and I feel very strongly that if we can get something as reasonable, which is a compromise, you know. We've been taught a very big lesson recently between Mr. Begin and Mr. Sadat, that if you want progress, in irrevocable forces that are antagonistic and contrary, everybody has to give -in a little bit. Now Father's point I think is a reasonable one, and that is, that we have been doing most of the giving, and that Mr. Robbie hasn't been doing too much giving. Perhaps this might be a time for us to reach that middle point where we would accept everything and the only thing left open would be this question of the 3-year contract. And that forces Robbie finally, I think to make the decision. Look, is he going to stay in the Orange Bowl or isn't he? And I think it might be time for him to come to that conclusion. Now if he is stubborn! enough to say well, you know the 100 thousand or couple hundred thousand dollars a year is just not that important tome, he may just out of principle be very stubborn, then we have nothing. If he becomes more practical about it then perhaps he might make the concession that Father Gibson has been looking for for a year, and I don't know at that point whether you have a majority, but certainly I'd like to hope that we could get some kind of consensus somewhere along the line. Col. Wolfson: Mr. Mayor, --Father Gibson excuse me, -- Rev. Gibson: You see, the other thing is, if he isn't looking,we could go ahead and make all the of the reasonable improvements to make the Bowl even better, you see? But if we must make these improvements, and then, knowing that the man is apt to leave, as a responsible public official, (and I hope I am), how can I answer to the people that I have spent their money in this fashion? You see, Mr. Robbie must understand that I go through some fire just like he does, and that I don't always want to be burned and I would hope he would, you know, --think that Gibson shouldn't be burned all the time. Look, --I am willing to yield to the percentage. Fine. In addition to that, I am willing to yield to the extending the contract so it will run with the other. Fine. But at least I want to know that if I am going to do all of this,improve the Stadium,this man isn't about to leave me high and dry. Col Wolfson: I understand. Father Gibson let me just be facetious for a minute and then I will go on to something more realistic, factors . When you talk about burning, I once went to see a man who I wanted to give some money to charity. He had a lot of money, but he was very mean and he wouldn't give any,. and I said to him, now look, remember you can't take this money with you. And if you did, it would probably burn. Mayor Ferre: Tell us the end of the story. Did you get your money? Col. Wolfson: Let me say this, and if you will let me step out of my role as the Chairman of the Committee, only the responsibility was with the terms, that you were entitled to, I can't disagree with your reasoning, and as a matter of fact, if some of you have noticed, whenever the question has come up of a new Orange Bowl somewhere, an Orange Bowl in Broward county, we have been 100% against that. We've got an Orange Bowl and we want to keep that as a major attraction in this city for sports. Now, we do have a wonderful sports program out there with the Dolphins. They are a great asset to our tourist industry and to our community and a lot of people love football and love the Dolphins playing out there, and certainly I want to do everything I can, as you do,to see that they stay here and that they not only contribute money to support the 12 NOV 91978 IIuuI .iiiiimniiiui1in i1uii immn111 i• Mayor Ferre:No, it was '76. In '75, it was taken to court and the judge ruled is in favor of Marion Sibley, Restaurant Associates, that they indeed had that right, that it wasn't going to be a bid process. Mrs. Gordon: At any point in time? What I want is one clarification, and that m is what happens in 1980? Does it go out to a free bidding system? m II Mayor Ferre: No, no. That's what I'm getting to, and I think perhaps Mr. Knox is the one that really should be answering this, but let me make this last statement about it. As I understand it, Restaurant Associates, now the Dolphins, have a right in July of 1980 to renegotiate an extension with us. Mrs. Gordon: That's a very critical point. Orange B,„ vl building, or faci l i l.y, but a i so provide good sports and good entertainment i or our community, And I would have no objection if you don't mind me stepping out of my role as the Conmi itee that the Mayor appointed,and talk as a citizen, of having the Commission pass this with the proviso that this is guing to be passed providing Mr. Robbie concedes your suggestion of giving up the the 3-year franchise. Now all my life I've lived with democracy, because we've been in a country where underprivileged people, minorities have had great opportunity, --as you've had, and I've had. And democracy is the art of comipr,oni se of details, wi tho"t surrendering principle. Now, you have your erinciple, and I admire you for it. And Mr Robbie has his principles, but on the same time there was no reason for him to leave the Orange Bowl. He ought to stay there. We want him to stay there, but we don't want to slap him in the face and say we don't want him there. We want to give him an opportunity to stay there, and I as a private citizen will be very pleased to see this commission pass this extension with a proviso that he give up this 3-year franchise and I hope you all will do it. Mrs. Gordon: A question Mr. Mayor of clarification on your statement which was the right of refusal. Clarify that. Are you talking about the expiration of his contract which ends in 1980? He then has a right of refusal? Are you speaking of time today? Mayor Ferre: No. Let me give you a little brief history. Some years ago, this matter was put up on a bid process for the concessions at the Orange Bowl. The Dolphins bid 32%. On the other hand a company by the name Restaurant Associates bid 30.5 percent. Mr. Mel Reese negotiated the contract and then Mayor Steve Clark and Commissioner Dave Kennedy went up to New York and met with Restaurant Associates. The end result of these negotiations was that Mel Reese recommended that Restaurant Associates be given a contract. And it was pu.: to a vote. It was then taken to court by Mr. Joe Robbie. He was represented by Attorney Dan Paul and Restaurant Associates was represented as I recall by Marion Sibley. And it went up before I forget what court, but the fact is that Restaurant Associates won. And they were then given the contract on the concession. They had a 4-year contract, Rose. At the end of that 4-year contract, the Dolphins went and purchased Restaurant Associates'contract, so that they are now the owners of it, even though it reads Restaurant Associates. Now, what was contested by Mr. Robbie at the time, before he bought Restaurant Associates' contract, is the right of extending this thing for 4 years without going to public bid. Mrs. Gordon: At what date in time? Four years from what point? Mayor Ferre: I think the contract was a 4-year contract with a 4-year renewal. Mrs. Gordon: Ending in '80? Mayor Ferre: That does not give them the absolute right, however to get whatever • mm they want, because if we in good faith deal with them, and don't come to an agreement, at that point then the City Commission is then free to go out and bid it. a ''i(it 9 1978 Now, the point I was trying to make before is that we went through this procedure before Judge Ferguson just several months ago on this very same point with... except that it dealt with beer now, see, and if you read Judge Ferguson ruling, what he basically said, he ruled against us. So my point from a practical, not a legal point of view, because I'm not a lawyer, is that if 1980 we go through this hartangue all over again we'll be in court for years. ;ors. Gordon: But that's not the point Maurice. The point I'm trying to establish is, I rend the court order several months ago as being one which said that this point and time there is a valid contract that we do not have the right at this point and time to go out and get bids for beer when there is a valid concession contract in the Orange Bowl. Mayor Ferre: Right. Mrs. Gordon: Even though it restricted sale of beer it was because beer was not a permissible item, okay. Now, what I don't want to establish is 1980's position, George. Mr. Knox: The terms of the agreement with the Dolphins or with Restaurant Associates provide that upon the expiration of the term of the agreement which will happen in 1980 that that organization has a right of first refusal,if you will, in other words, there will be a re -negotiation of of the agreement but we must deal with them first and in the event that no agreement is reached with them then of course, the City would have other options or opportunities but it is a concession agreement which is capable of being amended from term -to -term without having to have a competitive process when it's term expires. Mrs. Gordon: Well, that's the critical point, I think Manolo in what you were bringing out because what you are hoping or anticipating could happen would be that the general bidding public would have a free opportunity to bid and that their bid being a high bid or whatever would be an acceptable bid but it's not that way. That is not the point at all. The point is that that bidding public would be setting a top line for the Dolphins to meet, am I right, George? That's the key point. Mr. Knox: If there :s no agreement with the Dolphins then as the Mayor said, this is similar to same situation now with beer that we just litigated. If there is no agreement with the Dolphins, then the City has an opportunity to seek a Concessionaire but they must deal first or negotiate first with the Dolphins in 1980. Mrs. Gordon: Then there is a point also George, if you're going to take that posture that if you didn't reach an agreement with the Dolphins because maybe you set it up here and they think it should it here and you go into the bidding process and it comes in somewhere in here in the middle, do you go back to the Dolphins and say hey, look, now we got this and you meet that or else we're going to accept the other one, is that so? Mr. Knox: Well, that's really difficult to say now. Now, what the contract contemplates and what the courts contemplates when they interpret these kinds of contracts is whether or not the parties were engaged in good faith negotiations, so you know, that would be a question if it arose in that manner, the question would then be whether both of the parties were seeking good faith to negotiate an extension. Mrs. Gordon: Right, that's the point. Well, I see now it's not a clear-cut case of an open bidding process in 1980. Mr. Reboso: Let me tell you Rose, we are not going to pay for the mistakes that past City Commissioners made, if what you're telling me that this is a contract for life. Mrs. Gordon: No I'm not telling you, he told you. Mr. Reb.oso: Okay, I don't think so. Let's wait until 1980, because I don't know, I don't know how it was possible to make the contract in this type where these people has all the advantage and the City doesn't have any. Mrs. Gordon: Yes, but that's what it is. Now, of course, you and I didn't have a chance to vote on that so because that preceded us. Mayor Ferre: And, that's one that we can't blame on Robbie because it wasn't with the Dolphins, it was with Restaurant Associates. Mrs. Gordon: Apparently, it was. 14 NOV 9 1979 Cot, Wolfson: And, one of the things we tan into when we wefe negotiating with Robbie ttying to persuade him to pay tote Money, which we finally were able to do. lie kept coming back to the fact that he bid 32% and the City at that time let somebody else have it for 30.5%. Mayor Ferre: I know. Col. Wolfson: And, he just couldn't understand that and he felt he was really mistreated. Mayor Ferre: Colonel, you... Col. Wolfson: I mean being fair with it and so... Mayor Ferre: Colonel; I see that Senator Anderson is standing right next to you and I think he wants 90 address the Commission. Col. Wolfson: I'm very pleased to turn over this job to the new representative for Dade County we hope will represent the City as well as, the others have in the past. Mayor Ferre: I hope you can stay with you for just a... Colonel, I hope you can stay for a minute. Col. Wolfson: Yes, I won't leave. Mayor Ferre: Okay. Col. Wolfson: I can't wait for Mr. Robbie 3 year contract. I know you can't agree to that but I did ... the most important subject to Mr. Robbie accepting it. Mr. Anderson: I've been sitting in the back listening. Representing the Miami Dolphins and these agreements, of course, we've worked a lot of hours very hard over the last six months to try to put together an agreement that's fair and equitable for both sides, recognizing the fact that the Miami Dclphins are an integral part of this community and it have benefited from the community and from the City in being able to play in the Orange Bowl, but when we look at the way these negotiations have gone over the last six months, we have come, the Dolphins have come to agreement with the City on three different occasions with your staff and with the people that you asked us to negotiate with. At that point we came to an agreement with your staff, at each time the City Commission voted it down and said, go back we want more. In terms of the current agreement, you then appointed a committee madeup of respected businessmen and women in this City. Mayor Ferre: Let me correct you. The Commission did not, that was my decision Wand I take full responsibility for that. Mr. Anderson: Okay. Well, I'm glad you did. We tried to solve a problem that's in existing.... Mayor Ferre: And, Senator, excuse me for one more interruption, because I think it's clear to get it very straight right from the beginning. You know it just as well as I do since you're going to be a legislature,that the Governor cannot commit the legislature to anything, that the legislature is an independent policy setting body anything that you agree with the Governor does not tie the State Senate which you will serve very soon on . Mr. Anderson: I understand that very well. Mayor Ferre: So therefore there's nothing wrong with you having negotiated with the Administration and this policy setting board not agreeing with the Administration, now if that happens and I'm sure you'll have that experience very soon. Mr.Anderson: I understand that Mr. Mayor, but on the other hand from Joe Robbie's standpoint as he negotiates in good faith with the people that you asked him to negotiate for turn it down he has to go back and give more and he's done this four times. You then appointed a committee to make recommendations to the City and the Dolphins in terms of what's fair and equitable that can solve this problem and they came up with a realistic agreement. When you look at the extension of the contract or the 3-year-out I think we all realize that the 3-year-out is somewhat meaningless at this point because, one, the taxpayers don't want to spend $60,000,000 to build a major sports complex. Two, if they did, they'd have to vote on a bond issue and three, it probably wouldn't be built for 6, or 7, or 8 years, so we're looking at a situation, whereby, the 3 year agreement that was reached a couple of years ago was not as important as it was in the past from either side. And, the City, the people 15 NOV 91978 in this City and the people in this County at some point are going to have to snake a com4ttnent, do we want this to be a major sports city or not, if we do, then we need to attract major sports other than football, but that's another story ar.d thats not i'hat we're here to talk about today. The extension of the agreement, paragraph 15 ^tates very plainly as the City Attorney has said that first in accordance with the Dolphins stadium agreement that the Dolphins have a right to negotiate a conr.essi_on agreement. If they don't come, and we've talked about that before. Mayoc Ferre: Senator, I hate to do this to you but under law at 11:00 o'clock we've got to open bids. There's 181 million dollars riding on this and you wouldn't want to be the culprit to stopping the City from progressing by 181 million dollars, so I'll recognize you, and by-law we've got to do it at 11 sharp, and it's now 11. Mr. Clerk? Mr. Anderson: Okay. 6. RECEIVE SEALED BIDS FOR SALE OF $6,000,000 SANITARY SEWER SYSTEM BONDS, $5,000,000 STREET & HIGHWAY IMPROVEMENT BONDS, $2,250,000 FIRE FIGHTING, FIRE PREVENTION & RESCUE FACILITY BONDS & 55,000,000 STORM SEWER BONDS. This being the date and time advertised for receiving sealed bids for Sale of $6,000,000 Sanitary Sewer System Bonds, etc., the Mayor announced that the City Commission was now ready to receive sealed bids: The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 78-686 A RESOLUTION TO RECEIVE, OPEN, READ AND REFER TO THE CITY MANAGER FOR TABULAT?ON AND REPORT BIDS AUTHORIZED TO BE RECEIVED THIS DATE FOR: SALE OF $6,000,000 SANITARY SEWER SYSTEM BONDS, $5,000,000 STREET & HIGHWAY IMPROVEMENT BONDS, $2,250,000 FIRE FIGHTING, FIRE PREVENTION & RESCUE FACILITY BONDS & $5,000,000 STORM SEWER BONDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner (Rev.) Gibson, the resolution was; and adopted by the following vote: AYES: Commissioner Rose Gordon Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. BIDS WERE RECEIVED FROM THE FOLLOWING FIRMS: 1. Bache Halsey Stuart Shields 2. Citibank, N.A., et al., Joint Managers 3. Southeast First National Bank of Miami for the Managers 4. The Chase Manhattan Bank, N.A., for the Managers or NOV 9 1978 .. , 7. CONf'D DISCUSSION - RECOMMENDATION BY CITIZENS COMMITTEE REGARDING SALE OF BEER IN THE ORANGE BOWL., CALL SPECIAL MELTING. Mayor Ferre: Mr. Anderson, we're back to you. Mr. Anderson: In talking about the extension, the current Orange Bowl Stadium Lease between the Miami Dolphins and the City of Miami has in it and paragraph 15 the ability of the Dolphins and the City to negotiate the stadium lease or the concession tease when it runs out and the City Attorney has talked about what happens if they don't come to agreement. Let me stress what it says, negotiate in good faith both parti4 s and that's for the courts to come up with once an agreement is reached. But lastly, let's talk about us solving a problem, the fact that the Dolphins have agreed to put up $690,000 to put in the scoreboard and the beer equipment, they've reached agreement on the amortization and the fact that since we could come to the agreement four months ago, the City has now lost $150 to $200,000 in revenue because the beer is not in at this point, but the last point is a fact that last weekend the Dolphins had a filled stadium. They won against a stuff team there's 75,000 people in the stadium and the City benefits off the concession rather than when that happens. The year before we had one game where was 29,000 people in the stadium and believe me from a players standpoint that makes a great deal of difference and it makes a difference to the City because A the revenue that you have. My point being, we need to work together to keep people and to keep that stadium filled up for the good of the City and for the good of the Dolphins and for the good of the team, and the bickering back and forth, I think turns off the fans, those are the people in this City that want the agreement made and I would very much from the standpoint of the Dolphins like the City to consider the agreement that has been reached by the Blue Ribbon Committee and to say that once that we put to bed the concession agreement, the beer agreement, the scoreboard agreement, we can work together very well to improve the Orange Bowl and to improve the relations between the City. Rev. Gibson: I want to respond. Mayor Ferre: Alright, Father Gibson. Rev. Gibson: Mr. Anderson, I want to make sure that you understand you represent the Dolphins. Mr. Anderson: Yes, sir. Rev. Gibson: I want to make sure that you understand that I represent the people and it's about high time that some of us get enough starch in our backbones to represent these people, honestly, fairly, squarely, and forthright. When y:,u don't have the Orange Bowl filled up that's because you... and I played football... that's because you don't have a good team, you know, that's not my bag, that's the coach and you know, you got to get the guys there you could do the job. Number two, when you tell me about the scoreboard, the history is replete, we had an outfit that would have built that scoreboard but your man, huh, and I mean we didn't have to put up a doggone dime, but your man, just like now didn't want to tango, and you know everybody is looking at us as the bad guy, I am t-i-r-e-d of that, and I want to settle that this morning. You got my vote and support for all those percentages you're going to get if you give me the 3-year-out clause out of there, and I want you to go back and say to your man like I had to say to a Bishop in Israel last week, Weel Bishop it takes two to tango and as long as you aren't talking Bishop you'll never settle it and then I said to the Bishop I said, how do you get a man and wife when there's a difference to agree, you talk with the wife one place and of all the things the Bishop ought to know this, because that's part of his hussle. I said, you're going to talk with the man today and talk with the woman tomorrow instead of bringing the man and the woman together, look, both of us must give I am willing to give up on all that percentage business, you ain't willing to give me nothing. I'm a fool to be here letting you do it , okay. Mayor Ferre: Alright, is everybody ... are we ready now to do one thing or another, Father? Rev. Gibson: I offer a motion that we accept the Blue Ribbon Committee's recommendation 17 NOV 9 1978 to iidi ig and only if and when 3 years escape clause is taken out Of the edt►€tact. Mayor Ferre: Out of the stadium contract. Rev. Gibson: Out of the stadium contract, yes. Mayor Ferre: Okay. Now, is that clear. Is there a second on the motion? Do we have a second on that motion? Alright, I'll pass the gavel on to the Vice Mayor and 1 will second the motion so that we have it on the floor now for a vote. Mr. Reboso: We have a motion and a second, any further discussion? Ca11 the question, please. Col. Wolfson: Before you call tne question, could I just say one last word? Mr. ,Reboso: Yes, Mr. Wolfson. Col. Wolfson: I'm now talking as a citizen, not as a member of this so-called committee , it's not so blue, it's just was an ordinary committee of citizens. Mayor Ferre: That wasn't my words. Col. Wolfson: What concerns me is the businessman which I hope... Mayor Ferre: I'm sorry I didn't hear that Colonel. Col. Wolfson: What concerns me is a businessman which I hope I'm considered as, rather than anything else, is I just don't like to see the City pass up some income which they sorely need. As you know, I've been for many years now serving as the Chairman of the Off -Street Parking Authority and we've done, I think one of the best jobs in the United States providing adequate parking in the Central Business District without any tax money, it's all been done with these bond issues. all been done with the revenue and recently the City needs some old garages and everytime I get to talking about it the City Manager tells me that you don't have the money to do it and we don't have the money to do it so apparently the City is short of money and I just hope that your Commission +gill take advantage of this opportunity to get some very solely needed funds which would help the City in its need for not only funds for the Orange Bowl but General Obligation Funds and I wish you'd give that real seriousconsideration in your voting because I, as one think this is a good deal for the City and it does solve the principle that Father Gibson has expressed and I don't believe, based on my experience in the vending business - by the way, we are in the vending business and the concession business. Our company does some sixty or seventy million dollars worth of vending business all over the United States and while we won't be privileged to vote on this because I would have a conflict of interest being connected to the City another way. Tf tae wer nrivil ' d we would not pay any more than what has been offered here and 1 doubt iet we wouic pay that, so that was one of the influences that made me come to a decision along with the Committee, that this was a good deal for the City in sofar as the amount of money that the City would recommend and I therefore, would like to extend my best advise for whatever it's worth to the Commission to get this money, to get the needed score board which is very important, I think, to the Orange Bowl and then one of these days I would like to help you get a very good Baseball Stadium which we also need down here for this community. Thank you. Mayor Ferre: Mr. Reboso: Mrs. Gordon: Thank you, Colonel. Ok, any further discussion? Mr. Mayor? Mr. Reboso: Rose? Mrs. Gordon: I just want to clarify the records as to my position and simply say that, first of all, they couldn't have sent a better representative here to plead, of course, and you Mr. Wolfson and certainly you stand very high in our esteem. However, I have very strong reservations on the benefits.., economic benefits and expenses as they will result from the implementation of beer, because in my opinion that's just a recent issue on other activities in this community stressed the economic benefits, but the voters turned it down very decisively because of the detrimental influences that would accrue if that issue had been passed. I feel again, that the beneficial economic issue here is not strong enough or important enough for me to accept it. I feel the police protection would be or the cost of it would be increased tremendously, not only in the Orange Bowl and in the surrounding area, but possibly all throughout Dade County and in route home when these people have had a little bit too, much beer and have had a few accidents on the way. I am opposed to the beer. I am not opposed to the score board, I am in favor of that portion of this recommendation NOV 9 1918 I in glso, not opposed after heating the information that I have heard today from our attorney in the extension of the contract, because ultimately they ate going to have the right to the first refusal anyway, so therefore, I mean, I'm going to vote no to this motion, but my vote is mostly directed.., is totally directed to the sale of beer in the Orange Bowl. Mr. Reboso. Ok, call the question, please. THEREUPON THE FOREGOING MOTION was introduced by Commissioner Gibson and seconded by Mayor Ferre and defeated by the following vote: AYES: Rev. Gibson and Mayor Ferre. NOES: Mrs. Gordon and Vice -Mayor Reboso. ABSENT: Mr. Plummer. ON ROLL CALL: vs Mr. Reboso: In voting no, I want to say that even though may be the deal is a good one, I am looking for the best deal for the City. And in the past we have received better percentages without any cost of installation to the City of Miami and I vote, no. Mayor Ferre: Alright, that leaves us with a two to two vote which therefore, means that Plummer's vote would be the determining vote. Now, Mr. Plummer told me that he would be willing to come in tomorrow just for the purposes of this or anything else, for a short while to vote and if it's alright with all of you... Colonel what I really would like for you to do then, if you would, is for you to meet with Mr. Plummer and explain your viewpoint to him personally, given the benefit of the Committees thoughts and then we could meet for 15 minutes or a half an hour tomorrow if we can find an appropriate time for anybody. Mrs. Gordon: Maurice, I'm going to be out of town tomorrow, but I don't think my vote would make any difference tomorrow, it would be the same as today. Mayor Ferre: We will not take up... we won't take up any other issue but this Rose, so that you know,... Mrs. Gordon: Ok. Mayor Ferre: And if we do, you know, it will be determined this afternoon and I will let you know and if you disagree with it, then we won't hold it. Ok? Mr. Reboso: Tomorrow what time? Mayor Ferre: Well, you tell me. Eleven? Mr. Reboso: Eleven is fine. Mayor Ferre: Father, can we meet tomorrow at 11 o'clock? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Would that give you enough time Colonel Wolfson, 11:00?`' make it 11:30? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Alright, 11 o'clock. I think it will be a very quick meeting, I don't see... it just gives Plummer the opportunity to express his opinion on the record. Alright, so then with the power invested upon me in the Charter, I will now call a Special Commission Meeting only for this purpose, at 11 o'clock tomorrow morning. Mrs. Gordon: Mr. Mayor, I would like to insert- because if I'm not at the meeting tomorrow- the fact that I think Father Gibson's request is a very good and valid one and to that point I would like to let you know how I feel. Request of removing the escape clause is not a hardship in my opinion upon the Dolphins. And if it's just philosophical, you got to give a little to get a little. Mayor Ferre: Alright. Alright, thank you, very much. Thank you, Mr. Anderson. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Yes, I hope so. And thank you, again Colonel Wolfson for your time and effort on this. 19 NOV 9 1978 II■■■IIIIiiiiiiuiiii.iinuiiii■niiiiuuiniiiiiiuiin■ii■ in 8. AMEND SEC. 56-45.1 OF THE CODE BY PROVIDING FOR AN INCREASE IN FARE CHARGED BY HOLDERS OF CERTIFICATES OPERATING JITNEY BUSES. Mayor Ferre: Alright, gentlemen we are now on item #C, I'm sorry IIB. Is Dr. Dyer... UNIDENTIFIED SPEAKER: He is on his way. Mayor Ferre: He is on his way. Well, then may be we can do some housekeeping and get our of here early this afternoon. Can we take up item 114? No, that's a public hearing. 5, 7, 8... Mr. Grassie: Could we start with item 1115, Mr. Mayor? Mayor Ferrq: Ok, a resolution approving in principle the Miami Capital Improvement Program, that's going to take time, isn't it? Mrs. Gordon: Yes. Mayor Ferre: Alright, so let's skip over that and 16, how about 17? Now is there any problems with item 17? Mr. Grassie: I don't believe so, sir. Mayor Ferre: Anybody have any objections to it on first reading? Rose, do you want to move that? Mrs. Gordon: I just wondered if there was any information to be relayed to us regarding that, you know, I feel very... you know, this shouldn't be just lost over there, this jitney service caters to the needs of the very poor people who must use that service to get to where they have to go to work and I don't want to just move an item which affects such a... I'm concerned with this particular population... without any back, you know, any more than just an ordinary, just let's move it. Mr. Grassie: Certainly Commissioner. We should understand that this is the result of the petition of the jitney operators. I think that you have in your package a brief petition form in which they indicates by signing their names, that they are asking the City to request this fifteen cent increase which brings the jitney fare then, to fifty cents. Now, it is their request based on, presumably; the ok inflationary factors that have been affecting their business and apparently it is their judgement that they still will be able to stay in business and have a clientele with this kind of a fare structure. Mayor Ferre: Alright, Rose, I assume then, you want to hold this up? Mrs. Gordon: Is there going to be anyone here today from the industry? Mayor Ferre: I would imagine that there might be. Mrs. Gordon: Well, I think we ought to hear from them. Mayor Ferre: Alright, then let's hold that one. 9. AMEND SECTION 1 OF 8719, THE SUMMARY GRANT APPRO- PRIATIONS ORDINANCE BY ESTABLISHING A NEW TRUST AND AGENCY FUND - KWANZA FESTIVAL. Mayor Ferre: How about 18, the Kwanza Festival, any problems with that? Mr. Grassie: This basically is... this is a changed item Mr. Mayor,... Mayor Ferre: Yes. 20 tre Ctassie should know $10000 for. Mrs. Gordon: Mr. Grassie: (cont'd): ... it does establish a budget fot that activity. Yott that the County has decreased their contribution froth $1,500 to this activity. I wonder why they did that? I can only assume Cvminiss toner, that it reflects a tight budget on their part and that they want to minimize their contribution, (BACKGROUND COMMENT OFF THE. PUBLIC RECORD) Mrs. Gordon: Kwanza, item #18. I'm in favor of the project because I think it showcases an area that has lacked a great deal of consideration in years past I just wonder why the County feels that they don't have the same obligation we do. I would like to pass it, but I would also like to know why... have we approached the County and asked them to reconsider? Mr; Grassie: We have not considered it to be our role to lobby the County for t11s organization. Now, the process that the County follows is to give these questions to the Council of Arts and Sciences and they make a recommendation to the County, apparently that body has recommended $10,000. Mrs. Gordon: Yes, but that's the point, for the County is shirking their portion, throws the difference up on us. Isn't that so? I mean, it changes... Mr. Grassie: No, we are not proposing to change our contribution, ours remains at $17,500. Mrs. Gordon: You know, it still interests me why their Council, you know, did not consider this important enough. Mr. Grassie: Well, you would have to ask them Commissioner. Mrs. Gordon: Yes, I know we should ask them, we should ask them why. I really feel that we need to know how they think, what do they... you know, Dade County is not removed from the City of Miami, you know, they are spending our money as well as their own, it's our money. So, I mean, I feel that, you know. we have to let them know how we feel and we feel that this area, that this Particular festival is goinc to take place in has always been short changed, you know and we feel that they should look at it perhaps, in that light, not just for this one thing but for everything. May be a resolution from us to them, because what's happened... Mr. Grassie: I'm sorry, I didn't hear that. Mrs. Gordon: Perhaps a resolution from us to them asking them to, you know, reconsider their cooperation in this venture. I know you say it's not our part to ask for it, but it is because it's a neighborhood that's being affected. We are talking about the Culmer area or the Overtown area, right? Rev. Gibson: Yes. Mr. Grassie: That is correct, that's where the festival takes place. Mrs. Gordon: I don't think we should just let the County say ok, we don't want to fund this and we want to fund something else. I think they have to accept the responsibilities of this neighborhood just as we do. Rev. Gibson: Ok and then we vote... Mrs. Gordon: Rev. Gibson: Mayor Ferre: Rev. Gibson: Mayor Ferre: Mrs. Gordon: Mayor Ferre: Rev, Gibson: Mayor Ferre: I will pass this and Alright, I move that Alright, well, I see ,.. #i18 be moved. Oh, you moved it? Yes. Alright, there is a motion by Rose Gordon on 18, is there a second? Second. Gibson seconds on first reading, read the ordinance. Ca11 the roll, then move another resolution after this. Off that Dr. Dyer is here. 21 Nov 9 1979 AN INANcE ENTITLED- AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE 8719, ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT APPROPRI- ATIONS ORDINANCE, AS AMENDED, BY ESTABLISHING A NEW TRUST AND AGENCY FUND; MAKING ADJUSTMENTS IN THE TRUST AND AGENCY FUND ENTITLED " KWANZA FESTIVAL"; APPROPRIA- TING FUNDS FOR THE OPERATION OF THE NEW TRUST AND AGENCY FUND ENTITLED "KWANZA FESTIVAL-2nd YEAR;" CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Gordon and seconded by Commissioner CibSan passed on its first reading by title by the following vote: AYES: Mrs. Gordon, Rev. Gibson, Mr. Reboso and Mayor Ferre. NOES: None ABSENT: Mr. Plummer. 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. Ii 10. PRESENTATION BY DR. JOHN DYER, OFFICE OF TRANSPORTA- TION ADMINISTRATION - CONTRACT NEGOTIATIONS FOR PRELIMINARY ENGINEERING OF DOWNTOWN PEOPLE MOVER. Mayor Ferre: Alright, now Dr. Dyer, I see you are here and you don't look much the worse, for all the things you have been through, in fact, you look pretty healthy. You didn't even lose a pound or two? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Dr. Dyer: Thank you, very much Mr. Mayor and members of the Commission, just very briefly, my responsibility here today is to talk just a little bit about where the Downtown People Mover System is. Mayor Ferre: Yes. Dr. Dyer: As you will recall, we submitted a project proposal back... a joint proposal with the City of Miami in June of 1976, it was that famous 44 days we had to put together the project proposal. The result of all of that was that in December of 1976 the Federal Government said we could proceed with the Downtown People Mover System assuming that we could make adequate cost reductions on the Rapid Transit Line in order to have funds to construct a Downtown People Mover System. I recall that we did make the determination that some $24,000,000 from the first stage of the Rapid Transit System dollars could be made available for the Downtown People Mover. In June of this year the Federal Government finally approved and funded the engineering for the Downtown People Mover System. Since June we have been working jointly with the City and the Downtown Development Authority to get a consultant on board to do the preliminary engineering of the system. We have just gotten approved, last week the engineering contract for Gannett -Fleming Carter etc. in joint venture with SKBB a local architectural engineering firm to do the preliminary engineering on the Downtown People Mover. Mayor Ferre: With what firm, I didn't hear. Dr. Dyer: SKBB, S-K-B-B, with Gannett -Fleming -Carter etc., from Pennsylvania. Mayor Ferre: Mr. Manager - excuse me- could we get somebody to go out in the corridor and tell them that that's not a place for reunion, they always have meetings out there. Dr. Dyer: I would be glad to speak up, but I'm getting a echoe feed -back, is that... Alright, essentially this map shows the alinement of the Downtown People Mover as it was proposed in 1976, it is a 3.7 mile system with a Downtown loop beginning at the Government Center Station and it is a loop, plus it's a leg North to the vicinity of Omni and it's a leg South down Brickell and across to the Brickell Avenue Transit Station. The only purpose in showing that is, that was the project proposal in 1976. The first two tasks we have to do, the City, County, community N O V 9 1978 everybody, is to review those things. Review their it great detail and detetthife it thAt realty the a.tnenant we Want or do we want to change it. We need to do that to the uewt five months, got to make thu changes in the next five months if we Are going to stay on schedule. The schedule is here for all of the tasks that have +.o be done in the next twelve months, If we are going to have our :nvtronment tmpact statement finished and we u e going to get the funding to actually build the system. The first fie months get the alignment settled and the exact 3tatioa location settled. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Dr. Dyer: Yes, sir. Now, in order to do that, it comes down to getting the full of the system settled and then being in a position to make a priority determination. We have... in fact, that pull length is about 17,800 feet in length, the full 3.5 mile system. We have authority to .complete preliminary engineering on 14,800 feet, not the full 3.7 miles, 14,800. Now, that will do... in that snap it' w.11l do the loop plus, one leg either North or South, it will not do the full 3.7 mile system. Mayor Ferre: Well, can it do the South leg with the bridge problems, since that hasn't been completed yet? Dr. Dyer: Well, the bridge problems issue would have to be resolved in as far as the City and the State and the County are concerned before we could make a determination on what would happen South. That as I understand it is in a time frame that it would be probably completed in the next ninety to hundred and twenty days, so the determination on that tunnel or bridge or where it goes as well as what the structure is probably will be made in time enough to consider whatever that decision 40 is in relation to the DPM, it should not conflict. The major task, you have a small 8-1/2 by 11 chart showing the original alignment this set of tasks which are the main ones that had to be completed in the twelve to fifteen month period. Now, one of the things we are going to have to do and the Federal Government has already advised us they are prepared to put additional money in the Downtown People Mover System, they are not prepared to put additional money in the Rapid Transit Line. We will have to come back to them at the point we get pretty well through preliminary engineering in the next nine months with an additional funding request for $25,000,000 or $30,000,000 or however many additional million dollars we are going to need to build the 14,800 feet. We can't... we don't even know what the money is at this point, nor do we know the alignment nor do we know the stations, we will have to have all that nailed down before we can come back with a grant application and this you e..so have as a 8-1/2 by 11 piece of paper which shows the exact list of deliverable items. What we are going to get out of the contract itself. The two key final items are. We get an environmental impact statement, but the main thing we get is a set of performance specifications, those are what go to bid, that's what the LTDs and the Westinghouses and the Boeings are going to bid on, that's what they will be submitting their bids... if we keep the thing on schedule, we ought to have the thing out to bid approximately fifteen months from today. That's the time frame that would permit us to have it completed in construction by late 1982 and in time to operate on line by the time the Rapid Transit System comes up too. If I might just finally conclude, we are in the process now of working with the City on a set of- and DDA- with a set of contracts, so that the City and DDA will have staffing to do their part of the job here over the next twelve months. Mrs. Gordon: What about the Boulevard, is that a fixed route idea? I don't like the Boulevard being used... Dr. Dyer: It certainly is not. We would want in this first task, Commissioner Gordon, to come back to you and to everybody and to say that there are probably eight possible alternatives and to say please select them, you are the policy makers, please select the alternatives that you like best. There is obviously one that was advanced in the project proposal stage that was the 3rd Avenue, N.E. 3rd Avenue alignment that was not a Boulevard alignment and we think there are also some additional ones in addition to those two. There is a case of which is the most beneficial to the City, which is the most beneficial to making the things accomplished work. Mrs. Gordon: Well, aesthetically, you know, the detriments would be tremendous for the Boulevard. Dr. Dyer: There are no doubt there are difficulties with the Boulevard alinement, there are difficulties with all alinement and they all have advances too. tire. Gordon: Well, why do you bring this in showing it to us as being on the Boulevard. Dr. Dyer; This was the one that was in the 1976 project proposal, that was settled 23 NOV9 197E at that time by the City and the County Commission, if you will recall, it joint session, joint Public Hearing and everybody voted for it. Mrs. Gordon: Not on the Boulevard, we didn't vote for it on the Boulevard: Mayor Ferre: We voted on it. Dr. Dyer: Both the City and the County, NOW, I'm not sure of the enact vote: • Mrs. Gordon: On the Boulevard? Dr. Dyer: Yes. That was 1976 and no work has been done on alinement since then because we have had no money nor no authority to do any work. Mayor Ferre: It was a joint session and we put it to a vote. Dr; Dyer: Yes, sir, that's right. After a Public Hearing, Mayor Ferre: I remember, at a Public Hearing. Mrs. Gordon: How many years ago was that? Mayor Ferre: Two years ago. Dr. Dyer: June of 1976. Mayor Ferre: A year and a half.': Dr. Dyer: Yes, sir. Mayor Ferre: Yes. Rev. Gibson: DoctorlI want to raise a question on this. Dr. Dyer: Yes, sir. Rev. Gibson: I'm sure you wouldn't employed a firm, is that right? Dr. Dyer: Yes, sir. Rev. Gibson: And they are joint venturing with somebody here and... Dr. Dyer: Yes, sir. t all Rev. Gibson: Doctor, I want to make sure that as but embodied we seincplacesaffirmativeaaction these firms have a policy not stated of Latin and Blacks. Dr. Dyer: Yes, sir. Rev. Gibson: And when I go to that meeting, you know, soon I want to make sure that I have all the break -down on the firms. And incidently let me make sure this is understood. I don't mean having Latins just doing PR norBlacks just doing PR. I just came back, you know, and I learned that in Israel, you a question about who the engineers are. Do you know what I mean? Dr. Dyer: Sure. Rev. Gibson: So I hope I don't have to say anymore than that. Dr. Dyer: Father Gibson, we would be delighted to give you a report on it and I can just verbally say right now, there are two parts to this. In fact, fifteen ere are cf all thwfirmssthatbeing aresubcontracted subcontractors ominority this. Inright addition, there Black and Latin is affirmative action required on every one of the firms and we will give you the list. Rev. Gibson: I want the break -down... Dr. Dyer: Yes, sir. Rev, Gibson; ... you see, because you know, you could say you have fifty percent want me to raise this. You just said that you NOV 9 1979 Latin nit fifty petcet►t $lack and I meet', .. end who is sweepitg the f oote, you know. Dt. Dyer: I understand, sure, Rev. Gibson: Ok, please. Mayor Ferre: John, what do you need from us today? Dr. Dyer: Mr. Mayor, I think we need your commitment that you oil' get setibh§ly involved in getting these decision made on a timely basis, that's the key to it. Mayor Ferre: Well, wait a minute, Why is that a question? Dr. Dyer; Well,... Mayor Ferre: Have we done anything to indicate otherwise? Dr. Dyer: No, sir. The City in fact, staff and Board has been moving faster than we have, in fact and you know, we are very pleased. Mayor Ferre: Well, then please don't come here and ask us when are you going to stop beating... Dr. Dyer: No, no, no we are saying over the next five months it's going to take a lot of leadership on the part of the elected Public Officials to bring together the various interest and get the decisions made and the staff can't do that. Mayor Ferre: I want you to know that I preceive of myself... I don't have that many illusions of too many things, Old Now, one thing that I have an illusion of is that I'm kind of like the Father of this baby, because it was my idea with... John, I'm Co -Father along, as you know, with Jack Orr and we are che or_e.; that thought about this and we are the ones that talked about it. And you and I rode up to Washington- when was it, five years ago. Dr. Dyer: You had a major involvement in getting the Federal Government to even go ahead with these agreements... Mayor Ferre: And you know,... and this City of Miami Commission pleaded with the County Commission? Dr. Dyer: Yes. Mayor Ferre: And you remember that at first they didn't want to spend the money and then finally the resolution was passed and now everybody is in on this which is great. The Chamber of Commerce, this heading of Committees and the County and everybody else, but I want you to know that I think this City and certainly I for one have a proprietory interest that this People Mover become a reality. I think that, with all due respect to the Rapid Transit Plan which I'm all in favor of, this is going to do more for this community than Rapid Transit. And furthermore, I don't think that Rapid Transit would be anywhere near as successful without this. Dr. Dyer: We quite agree with you on the latter sure and on the former they both are important. The main thing I need to emphasize, I guess, is the next five months are the key months, that's where all the basic policy gets made, from then on there is additional policy, but those next five months is where all the basic decisions get made and then it's a series of much lesser type decisions. Mayor Ferre: Again, I ask you the question. What do you want from us that you have not gotten? Dr. Dyer: Not a thing, you have been very, very supportive policy wise, the staff of the City has been working... Mayor Ferre: Is there anything we need to do today? Dr. Dyer: No, sir. Mayor Ferre: So this is just purely informative in nature? Dr. Dyer: Yes, sir, Mayor Ferre; I want you to know I don't want you to ever tell me we should have done this last month, that I am willing to call a Special Commission Meeting any time, 25 N O V 9 1978 ssl MIME NW MIMM IF MW W NNW Ahy day, any week that you need anything resolved by this policy making Board. to the this is the single most important thing facing the City of Miami, this particular project is more important than the Convention Center, it's mote important than Watson Island, it's more important than Coconut Grove and Dinner Key, it's the single most important thing that we have. It's more important than the Trade Fair of the Americas, this is the #1 project as far as I'm... me, personally, in fact, this is it. So I don't want you to feel in anyway that there is any hesitation on our part. We may not agree with you, but we are certainly going to try to cooperate. Now, the question of the alignment on Biscayne Boulevard or N.E. 3rd Street,is one that we really have to discuss and I think Rose has a valid point. Mrs. Gordon: Maurice, I would like for us to be furnished with all of the minutes and background information relative to prior actions or motions or resolutions, whatever, so that we may be, you know, refreshed in our minds as to where we have been. Dr. Dyer: Yes, absolutely. We will get the entire file and make it available to each member of the Board, as well as anyone else who wants it, sure. Mrs. Gordon: Ok. Mayor Ferre: Now, we have a lot of things that come before us John and it's natural that some times you don't remember everything, I don't. Mrs. Gordon: Well, I just want to know that, you know, what we did didn't lock us in. Dr. Dyer: Oh, that's absolutely correct, it did not lock you in, the next five months it could be changed to anyway you want to change it, that's the point, we aro now passed the plan and we are now past planning, and we are into preliminary engineering and that's where all of your basic decisions get made on and station location. Mrs. Gordon: Ok. Dr. Dyer: And both are important. Mayor Ferre: That's very, very important and... of course, I assume that is cooperating and the DDA is, you don't have any problems with that? Dr. Dyer: Not at all, they are working... Mayor Ferre: Because we will be relying on their recommendations I'm sure. Dr. Dyer: Sure. I staff Mayor Ferre: Now, I noticed in the John McMullin Editorial two weeks ago, that they are... I thought that you had been whipped enough, but I guess that one more little lash is just unavoidable and I notice that all of the sudden this has popped up as an issue to...for a further whipping, so I think it's still on a open question. I have... I remember we went through this exercise very carefully. Dr. Dyer: Yes. Mayor Ferre: And I remember that at first there were... your position was not for Biscayne Boulevard. Dr. Dyer: That's correct. Mayor Ferre: And yet we have debated it and we went around and back and forward and we finally concluded and voted this way. Dr. Dyer: Yes. Mayor Ferre: I think it's very important that your input be very open on this so that we don't have any further criticism later on and I personally think it's been a completely open process, but let's make, not double sure, but that isn't enough in this town, you got to make triple sure. Dr. Dyer: For the benefit of the Commission, I just want to set the record straight on that one editorial or that one comment, just a bit. There was the impression left in the editorial that we had done additional work since June of 1976 and that, that is not accurate. We have done no planning where or anything since June 1976 when the project closed. 26 NOV 9 197E Hoot et"fe: YOU heats, somebody was eithet tniSin€ortied of uttii fot tedt tr.. Dyer: Well, t think the information was provided to the Miami Herald, Y do ftot bunt why it came out: r{iat gray, but the impression was left. Mayor %e,:re: Well, John, you can't say this because you, you know... but l relish the opportunity to say itoften. Now, that is not the first time nor Will it be the last time that the editorial department of the Miami Herald is uninformed and comes to erroneous conclusions based on their faulty information. Dr. Dyer: Thank you, very much, Mr. Mayor and members of the Commission. Mayor Ferre: And I'm sure that won't make the UPI liars or the Miami Herald. Ok, what are we on now? Is there anything else that we need to take up this mrnming, Mr. Grassie? 14r. Grassie: No, sir, not unless you want to try and do some of this afternoons' business. Mayor Ferre: That's up to the Commission. Do you want to work for fifteen minutes and see if we can cut-off some time this afternoon? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) 11. REFER TO CITY MANAGER - WAIVER OF RENTAL FEE OF LITTLE HAVANA COMMUNITY CENTER IN CONNECTION WITH THE FIRST ANNIVERSARY OF THE DEATH OF MANUEL ARTIME, NOVEMBER 17, 1978. 4 Mayor Ferre: Alright, Manolo do you have a quick item? Mr. Reboso: I have a quick item. Mayor Ferre: Non -controversial? Mr. Reboso: November 17th, that will be the first anniversary of Manuel Artime's death. His wife and the community are having... they have reserved the Little Havana Community Center to commemorate his memory and the wife would like to see if rental fees could be waived, since there is not going to be any door charge. Mayor Ferre: Now, Joe? Mr. Grassie, we passed a resolution about this kind of thing. Now, how do we handle it now? Mr. Grassie: I'm sorry, sir, I was being asked a question. Mayor Ferre: Yes, well, that's why I interrupted you. The rental fees for the Little Havana Community Center for an important anniversary. Mr. Grassie: Yes, the resolution that you passed was first, that nobody would get free service, but in cases of organizations that qualified, that we would reduce the service drastically, we would probably cut it in half, the cost of the service. Mayor Ferre: Ok. Mr. Grassie: And we can do that. Mayor Ferre: Do you need Commission action on that? Mx. Grassie: I'm assuming that they would qualify for a reduction,.. Mayor Ferre: Yes. Mr. Grassie: ... and we can do it administratively. Mayor Ferre: Anybody have any objections to it? Rose? Father Gibson? Manolo? I don't have any objections so, you are so instructed without going into a formal. Ok? W. Grassie: Ok, very good sir. 27 hyot 1ette: 19, awarding a aft million... ere we ready to awatd the bond het? have 'they been tabulated? Mr. Ongie: Why don't you find out from Mr. Gunderson, Mr. Mayor, Mayor Ferre: Are we ready to award the bonds Mr. Manager? Mr. Grassie: Yes, sir. I think that we should have the Finance bisector itt here to... Mayor Ferre: Alright, well, then let's... while he is coming in may be we can do 20, is there any problems with 20? Evelio Ley and so on. Now,... Mr. Grassie: I think... I'm sorry. On 20 I think that there may be some people that want to appear on that, so you should... Mayor Ferre: Well, alright. Ok. 12. AUTHORIZE AGREEMENT WITH ALLAN POMS AS RESIDENT ENGINEER FOR THE MIAMI ADMINISTRATION BUILDING (PHASE I). Mayor Ferre: 21? Mrs. Gordon: Question? Why do you need to have a resident engineer when you have a contractor and you have an architectual firm and everybody else? Mr. Grassie: Well, that's precisely why we need an engineer to represent the interest of the City, but let me ask Vince Grimm to tell you what the engineer does on a project. Mrs. Gordon: The resident engineer... Why? Mr. Grimm: Well, Mrs. Gordon, that title, you know, some people call them resident engineers or resident architects,... Mayor Ferre: Ok, but the question is still valid. f Mr. Grimm: ... in fact, the purpose behind the resident engineer is to see that the City gets it's moneys worth and that the contracts, documents and specifications, are adhered to by the contractor. Mrs. Gordon: Well, don't we have people on staff, that's what I'm trying to find out, already? Mr. Grimm: Yes, we have people... Mrs. Gordon: Why can't we assign somebody who is already on payroll,;. Mr. Grimm: Because... Mrs. Gordon: ... instead of spending another $28,000? Mr. Grimm: Well, Mrs. Gordon, at the present time the City has under contract 65 different jobs totalling $32,000,000, we just do not have enough people to go around. Here is an opportunity to have a separate resident engineer totally paid for by EDA Grant Funds. This does not cost the City one dime. Mr. Grassie: You know, and you have to understand that we are talking about a project where we are going to spend at least five million dollars, two or three good decisions on the part of a resident engineer can save that project at least $150,000 and it simply does not make any sense to try and save $28,000 and waste the kind of money that potentially can be wasted on a project of that size. Mrs, Gordon: Do we have a resident engineer hired specifically for each project then? Mr, Grassie: Each project of that scope, yes. For example, this same person was very successfully the resident engineer as we remodeled the Coconut Grove Exhibition 28 NOV 9 1978 ritet and that is just beif►g completed. And he served that full-time i nu fosehi§ on that facility. You know, it's j+.ist a question of his more than paying ay g Salary thtou;h the savtngs that he can make in the construction project. And it also, by the way is the sort of thing that any intelligent private builder would do for himself. Mts. Gordon: 'Prue, but you follow chat I'm trying to say is that, noinyou've o be said thet. "ok, this is not going to cost us any money because it's going paid for out of the Federal funds that are being allocated to us, correct? Mr. Grassie: But that's not the reason for doing it. The reason is that it is a good business practice that would be followed by anybody that's investing five 11 million dollars. Mrs. Gordon: And my point was that in a city that has as many top level employees ME um in the engineering field as we have, would have enough on board without having to pay some more money to get another one. N Mr. Grassie: I believe Mr. Grimm has explained that. Mrs. Gordon: I heard what he said. Mayor Ferre: Well, from personal experience let me tell you that if you build a building or anything else and you don't have your own rep on board... Mrs. Gordon: Yes, but that's not the point Maurice. I said we should be having it already on board then, if this is just another one because the money is coming from the Federal Government. Now, I think that's a... Mayor Ferre: And with the amount of construction that we are doing we need to have building reps on all these major projects to make sure that we don't get... Because I will tell you, if you depend on the architect, with all due respect to any architect or the engineer, they are out looking after their own interest, they are not worried about our interest. So what do you want to do on this one? Who is paying for this $28,000? Mr. Grassie: This happens to be a part of the budget that EDA for budgets which supports this project. Mayor Ferre: It comes out of the Federal Funds? Well, then what... is it a philosophical objection, Rose? just informational. I wanted to know why our own people Mrs. Gordon: No, it's couldn't handle it and now he has told me that we have too many jobs for them to handle and that this money is not coming out of the General Fund, it's coming out of the Governmental Funds. Yes, it's philosophical in a sense, but I'm not going to hold up the issue, I just wanted to gather more information. Mayor Ferre: Ok, alright, is there any motions then? Rev. Gibson: Move. Mayor Ferre: Father Gibson moves, Reboso seconds, further discussion on item 11... Rev. Gibson: 21. Mr. Ongie: 21, Mayor Ferre: ... 21, call the roll, please, 29 NOV 9 197t ■ mot The following teaoiution was introduced by Commissioner Gibson, who ttoired its AdoOtioh: RESOLUTION NO. 78-687 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO THE ATTACHED AGREEMENT WITH ALLAN PONS FOR HIS SERVICES AS A RESIDENT ENGINEER, IN CONNECTION WITH THE CONSTRUC- TION OF THE NEW CITY ADMINISTRATION BUILDING, WITH FUNDS THEREFOR TO BE EXPENDED FROM THE ECONOMIC DEVELOPMENT ADMINISTRATION GRANT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Vice -Mayor Reboso, the resolution was passed and adopted by the following vote: AYES: NOES: None. ABSENT: Mr. Plummer. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre Mayor Ferre: Take up 22. Is that a problem? Mrs. Gordon: Didn't we do that? Mayor Ferre: No, we have already done 22, is that right? Mr. Grassie: That's correct. 22 and 23 have been done, sir. Mr. Ongie: Yes, sir. Mayor Ferre: And 23 have been done. Take up 24, Clinic. Rev. Gibson: Mr. Mayor, let me ask... this is the Coconut Grove Family Mayor Ferre: Yes, sir. Rev. Gibson: ... because I think I know what this means, but you know, I don't like to move that money until I know what that Committee is going to do. Mr. Grassie: That's true and in fairness, I think that we need to repeat that what we are trying to do here is to accomplish what the City Commission said it wanted to do. Rev. Gibson: Right, right. Mr. Grassie: What we are doing is finding a different way of funding the Coconut Grove Clinic, we are funding it with CD money, this is one of the suggestions that came out of our discussion, if you remember,... • Mayor Ferre: Yes. Mr. Grassie: ...when we had all of the agencies in front of the City Commission. Mayor Ferre: Well, we better hold up on 24 until this afternoon because you got some people who want to talk on it. Mrs. Gordon: 25 has to be held up too. Mayor Ferre: 25 has to be held up? NOV 9 1978 13. AUTHORIZE PURCHASE IN LIEU OF CONDEMNATION PROPERTY LoCATEn Al 1105 S.W. 2 AVENUE FOR FIRE STATION fi 4 . Mayor Fevre: 26? There is no problem on that One* is there? Mr t Manager, do you recommend 26? Mr. Grassie: Mayor Ferre: Mtn: Reboso: Rev. Gibson: Yes, sir. Anybody have any probleMS With that? Alright, is there a Motion? I move. Second. Mayor Ferre: Alright, moved by Reboso, seconded by Gibson, further discussion on 26, call the roll. The following resolution was introduced by Vice -Mayor Reboso, who moved its adoption: RESOLUTION NO. 78-688 A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE IN LIEU OF CONDEMNATION, A DUPLEX COMPRISED OF A LAND AREA OF 6750 SQ. FT., AND BUILDING OF 1604 SQ, FT., LOCATED AT 1105 S.W. SECOND AVENUE, MIAMI, FLORIDA, FOR THE SUM OF SIXTY THOUSAND ($60,000.00) DOLLARS, AND ALLOCATING SIXTY-ONE THOUSAND FIVE HUNDRED ($61,500,00) DOLLARS FROM FIRE FIGHTING, FIRE PREVENTION AND RESCUE FACILITY BOND FUNDS TO COVER THE COST OF ACQUISITION OF FEE SIMPLE TITLE TO THIS PROPERTY AND OTHER COSTS INCIDENTAL TO THE ACQUISI- TION. (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: Olk AYES: Mrs. Gordon, Rev. Gibson, Mr. Reboso and Mayor Ferre. NOES: None. ABSENT: Mr. Plummer. 14. DESIGNATE COMMISSIONER J. L. PLUMMER AS VOTING DELEGATE AND COMMISSIONERS ROSE GORDON AND THEODORE GIBSON AS ALTERNATE VOTING DELEGATES TO ATTEND THE NATIONAL LEAGUE OF CITIES SESSION NOVEMBER 29, 1973 IN ST. LOUIS, MISSOURI. Mayor Ferre: Mrs. Gordon: I still have Mayor Ferre: Father? Rev. Gibson: Ms. Reboso: Alright, who is going to St. Louis? Rose I'm scheduled to my reservations. Well, then let's I don't know. I can't... are you going? go, I may have a problem though, but at the time J. L. is going. ... Is there anybody else going? Are you going Mayor Ferre: Well, why don't we pass it this way, City... Mrs. Gordon: Well, this is only a voting delegate You could setup as many alternates as you wish and voting delegate, he is the State President. why don't we allocate for the or alternate voting delegate. I think J. L. ought to be the 31 NOV 9 1978 Mayor Jerre; YeS. And he definitely is going to go, Mrs. Gordon: Yes, Mayor Ferre: Alright, let's... then, Reboso makes a tiotioii that 3, L, Mutter be the voting delegate from the City of Miami to the National League of Cities Session on Noveliber 29 and that the alternate be either Rose Gordon or Theodote Gibson. Ok? Mrs. Gordon: Yes, perhaps that way you can cover it. Rev. Gibson: Right. Mayor Ferre: Alright, seconded by... Rev. Gibson: Gibson. Mayor Ferre: ... Gibson, further discussion on item 27, call the roll. The following resolution was introduced by Vice -Mayor Reboso, who moved its adoption: RESOLUTION NO. 78-689 A RESOLUTION APPOINTING AND DESIGNATING COMMISSIONER J. L. PLUMMER, JR. TO SERVE AS THE CITY'S VOTING DELEGATE AND FURTHER DESIGNATING AND APPOINTING COMMISSIONER ROSE GORDON OR REV. T. GIBSON AS THE ALTERNATE VOTING DELEGATE TO THE ANNUAL CONGRESS OF CITIES TO BE HELD NOVEMBER 25 - 29, 1978 BY THE NATIONAL LEAGUE OF CITIES AT ST. LOUIS, MISSOURI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and. adopted by the following vote: AYES: Mrs. Gordon, Rev. Gibson, Mr. Reboso and Mayor Ferre. NOES: None. ABSENT: Mr. Plummer. Mayor Ferre: 28, we better wait until this afternoon. FIC F 15. CLCOOSE CONUTERTAIN GROVE ARTSETS FESTOIVALROUGH FEBRUARYF16, 1U7R&Tf1E8, 1979. Mayor Ferre: 29? Is there any problem with closing any of those streets at Coconut Grove Arts Festival? Mrs. Gordon: I'll move it. Mayor Ferre: Alright, moved by Gordon and seconded by Gibson, further discussion on 29, call the roll. NOV 9 1978 • • • 'pia N410044 tegaiutioh way introduced by Commissioner Gordon, who thOv4d it§ adoptiot: RESOLUTION NO. 78-690 A )ESOLUTYON :EN CONNECTION WITH THE COCONUT GROVE ARTS .FESTIVAL, ON F;BRUARY 16, 17 AND 18, 1979, CLOST.:: tJ CEN.rAIN STREETS TO '1HROUGH TRAFFIC ON SAID DATES DUB' 4G SPECIE rED HOURS AND ESTAB- LTSHING A r'EDESTRIAN MALL; SAID STREET CLOSING SUBJECT TO ISSUANCE OF PERMITS BY THE POLICE AND FIRE DEPAR1 NEWTS; WAIVING ONE-HALF OF THE RENTAL FEE AND CRANTING PERMISSION FOR THE USE OF PEACOCK PARK AND THE LARGE CITY SHOWMOBILE, SUBJECT TO PAYMENT BY COCONUT GROVE ASSOCIATION, INC. OF ALL RELATED COSTS; PROVIDING THE SERVICES OF 3 REGuLAR POLICE OFFICERS, WITH THE ASSOCIATION TO PAY FOR 10 OFF -DUTY POLICE OFFICERS AND 2 SERGEANTS; PROVIDING PARK RANGERS, AS NEEDED, AND PUBLIC SERVICE AIDES AT THE DISCRETION OF THE POLICE DEPARTMENT; PROVIDING THAT THE COCONUT GROVE EXHIBITION CENTER SHALL NOT BE LEASED FOR USE DURING THIS EVENT, WITH THE PARKING LOT TO BE MADE AVAILABLE, TOGETHER WITH THE CITY EMPLOYEE PARKING LOTS ON SATURDAY AND SUNDAY; PROVIDING THE USE OF 40 DUMPSTERS, TO BE SERVICED DAILY, INCLUDING SUNDAY, SUBJECT TO PAYMENT OF CLEANUP COSTS BY COCONUT GROVE ASSOCIATION, INC.; ALLOCATING $270 FROM SPECIAL PROGRAMS AND ACCOUNTS - QUALITY OF LIFE PROGRAM - FEE WAIVER - TO COVER THE COST OF SAID WAIVERS; ALLOCATING $500 FROM SPECIAL PROGRAMS AND ACCOUNTS - QUALITY OF LIFE PROGRAM - FOR THE PURCHASE OF AN AWARD WINNING ART WORK AND FURTHER PROVIDING THAT THE SAID ASSOCIATION SUBMIT TO THE CITY MANAGER, WITHIN 30 DAYS 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, INCLUD- ING 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: Mrs. Gordon, Rev. Gibson, Mr. Reboso and Mayor Ferre. NOES: None. ABSENT: Mr. Plummer. 16. WAIVE ONE-HALF OF RENTAL FEE--BAYFRONTPAMIAMI COMMRKITY AUDITORIUM, DECEMBER 17, 1978 POLICE BENEVOLENT ASSOCIATION FASHION SH01•I. Mayor Ferre: Gibson moves item 30, Reboso seconds, further discussion, the Manager recommends, call the roll. NOV 9 1978 ggllowi,hg feSplutiOf 400 introduced by Commissioner Gibson, +coo MOVed idoptiont RESOLUTION NO, 78-691 A RESOLUTION WAIVING ONE-HALF OF THE RENTAL FEE FOR THE USE OF BAYFRONT PARK AUDITORIUM ON DECEMBER 17, 1978 FOR A FASHION SHOW SPONSORED BY THE MIAMI COMMUNITY POLICE BENEVOLENT ASSOCIATION, SUBJECT TO PAYMENT FOR EVENT PERSONNEL, INSURANCE, AND OTHER DIRECT COSTS BORNE BY THE CITY; ALLOCATING $175 FROM THE SPECIAL QUALITY PROGRAMS - QUALITY OF LIFE PROGRAM - FEE WAIVERS TO COVER THE COST OF THE SAID WAIVER; AND PRO- VIDING THAT THE SAID SPONSOR SUBMIT TO THE CITY MANAGER, WITHIN 30 DAYS FROM THE DATE OF SUCH FACILITY USE, A DETAILED ACCOUNTING OF GROSS FUNDS RECEIVED BY IT BY WAY OF FACILITY ADMISSION FEES AND FUNDS RAISED IN CONNECTION WITH THE AFORESAID EVENT, 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. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Vice -Mayor Reboso, the resolution was passed and adopted by the following vote: AYES: Mrs. Gordon, Rev. Gibson, Mr. Reboso and Mayor Ferre. NOES: None. ABSENT: Mr. Plummer. 17. CLAIM SETTLEMENT - AUTHORIZE DIRECTOR OF FINACE TO PAY VICTOR BROWN $9,000. fi Mayor Ferre: Reboso moves 31, Gibson seconds, further discussion, the City Attorney recommends, call the roll. The following resolution was introduced by Vice -Mayor Reboso, who moved its adoption: RESOLUTION NO. 78-692 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO VICTOR BROWN, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF NINE THOUSAND DOLLARS ($9,000.00), IN FULL AND COMPLETE SETTLEMENT OF HIS CLAIM AGAINST THE CITY OF MIAMI AND POLICE OFFICERS GENTRY AND KAMINESH, FOR ALLEGED PERSONAL INJURIES SUSTAINED BY HIM, UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI AND POLICE OFFICER GENTRY AND POLICE OFFICER KAMINESH FROM ALL CLAIMS AND DEMANDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Mrs. Gordon, Rev. Gibson, Mr. Reboso and Mayor Ferre, NOES: None. ABSENT; Mr. Plummer. 34 NOV 9 1978 'Fits. Gordont Mantice, Iim going to say something and don't get angry, but *Agate don't call out who is goingmove unless they say it, would appreciate it. Now, th .s i.s utli* portant in the itets that we are doing nO0, but,.. Mayor Ferre: Ok, Mts. Gordon: some times you ;mow, it causes a little problem, Mayor Ferre: I'm just trying to trove things along. Mrs. Gordon: I know, I realize you are not doing it for any other reason. Mayor Ferre: I won't do it any more. Mrs. Gordon: Ok. 18• EMERGENCYTSERVICESANCE - Y- POLICE DEPARTMENTS STEMATIC MAINTENANCAND Mayor Ferre: Alright, is there a motion on 32? Rev. Gibson: Move. Mrs. Gordon: Second. Mayor Ferre: Moved... Mrs. Gordon: I second it. Mayor Ferre: ... and seconded, further discussion? It was moved by Father Gibson and was seconded by Mrs. Gordon, call the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 78-693 A RESOLUTION WAIVING COMPETITIVE BIDDING FOR THE CONTINUATION OF SYSTEMATIC MAINTENANCE AND EMERGENCY SERVICES FOR THE EXISTING INTEGRATED PROTECTION SYSTEM AT THE CITY OF MIAMI POLICE STATION AND FACILITIES AND AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHASING AGENT TO ISSUE A PURCHASE ORDER TO CONTINUE SUCH SERVICE TO WACKENHUT ELECTRONIC SYSTEMS COR- PORATION IN THE AMOUNT OF $6,900 FOR ONE YEAR AND ALLOCATING FUNDS FROM THE 1978-79 FISCAL YEAR POLICE DEPARTMENT BUDGET. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Mrs. Gordon, Rev. Gibson, Mr. Reboso and Mayor Ferre. NOES: None. ABSENT: Mr. Plummer. 3 NOV 9 1978 ■ ■ i WM • • Mayot Ferret Is there afiy probietns oh the consent agenda? Rev. Gibson: No, Mayot Ferre: Does anybody want to speak to the con§ent Oft Mrs. Gordon: No, it's ok. Mayor Ferre: Is there a motion? Rev. Gibson: Move. Mrs. Gordon: Second. Mayor Ferre: Moved by Gibson, seconded by Gordon, further discussion on the consent agenda, call the roll. 19. (A) ACCEPT COMPLETED 'JORK - D.M.P. CORP. FOR N.W. 19 AVENUE COMMUNITY DEVELOPMENT PAVING PROJECT (CONSENT AGENDA). The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 78-694 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY D.M.P. CORPORATION AT A TOTAL COST OF $52,944.55 FOR THE N. W. 19 AVENUE COMMUNITY DEVELOPMENT PAVING PROJECT; AND AUTHORIZING A FINAL PAYMENT OF $4,998.19. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Mrs. Gordon, Rev. Gibson, Mr. Reboso and Mayor Ferre. NOES: None. ABSENT: Mr. Plummer. G K J. O S (B) AUTHOIZE ADMINISTRATIVEEASSISTANTMENT ITONMAYOR NMAURICE BA.AFERRE. (CONSENT AGENDA) The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 78-695 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT TO RETAIN FRANK J. COBO AS ADMINISTRATIVE ASSISTANT TO MAYOR MAURICE A. FERRE, FOR THE SUM OF $1.00 PER YEAR. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Mrs. Gordon, Rev. Gibson, Mr. Reboso and Mayor Ferre. NOES: None. ABSENT: Mr. Plummer. 36 NOV 9 1978 .1111111111111111111 111•1111111 mom IIIIF (C) AUTHORIZE QUIT CLAIM DEED RELEASING 20-FOOT EASEMENT THROUGH LOTS 12, 13, 14 OF SNUG HARBOR (91-79); 15 E f 1OF�`0O f PERMANENT SNUG IHARBORNT (91- 79)' (CONSENTH ` AGDA) 15 FEET OF The following resolution WAS introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 78-696 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A QUIT -CLAIM DEED RELEASING A 20-FOOT EASEMENT THROUGH LOTS 12, 13 AND 14 OF SNUG HARBOR (91-79); ACCEPTING A NEW 15-FOOT PERMANENT EASEMENT THROUGH THE WESTERLY 15 FEET OF LOT 7 OF SNUG HARBOR (91-79); AND ACCEPTING A STORM SEWER AND OUTFALL ACROSS SAID EASEMENT, CONSTRUCTED BY CLM CORPORATION, AT NO COST TO THE CITY. (Here follows body of resolution, omitted here and on in the Office of the City Clerk). Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Mrs. Gordon, Rev. Gibson, Mr. Reboso and Mayor Ferre. NOES: None. ABSENT: Mr. Plummer. 14, (D) BID ACCEPTANCE - ROBERT E. LEE BALLFIELD DEVELOPMENT. (CONSENT AGENDA) The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 78- 697 A RESOLUTION ACCEPTING THE BID OF D.M.P. CORPORATION IN THE AMOUNT OF $28,787.00 FOR REBERT E. LEE - BALLFIELD DEVELOPMENT; WITH FUNDS ALLOCATED FORM THE 2ND YEAR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUND IN THE AMOUNT OF $28,787.00 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $3,166.57 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $575.74 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: ATES: Mrs. Gordon, Rev. Gibson, Mr. Reboso and Mayor Perre. NOES; None. ABSENT; Mr. Plummer. •,(E) BID ACCEPTANCE - PHOTO LAB EQUIPMENT FOR THE DEPARTMENT OF POLICE. (CONSENT AGENDA) The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 78-698 A RESOLUTION ACCEPTING THE BID OF MILEO PHOTO SUPPLY FOR FURNISHING PHOTO LAB EQUIPMENT FOR THE DEPARTMENT OF POLICE; AT A TOTAL COST OF $6,194.35; ALLOCATING FUNDS FROM LEAA GRANTS IN THE AMOUNT OF $4,955.00, STATE OF FLORIDA BUREAU OF CRIMINAL JUSTICE GRANT IN THE AMOUNT OF $275.00, AND LOCAL HARD CASH IN THE AMOUNT OF $964.35; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Mrs. Gordon, Rev. Gibson, Mr. Reboso and Mayor Ferre. NOES: None. ABSENT: Mr. Plummer. (F) BID ACCEPTANCE - FOUR CHANNEL RECORDER AND LOGGING SYSTEM FOR THE OFFICE OF THE CITY CLERK. (CONSENT AGENDA) The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 78-699 A RESOLUTION ACCEPTING THE BID OF DICTAPHONE CORPORATION FOR FURNISHING ONE 4 CHANNEL LOGGING TAPE RECORDER/REPRODUCER FOR THE CITY CLERK; AT A TOTAL COST OF $5,697.84; ALLOCATING FUNDS FROM PRIOR YEAR ENCUMBRANCES; AUTHORIZING THE CITY MANAGER AND THE PURCHASHING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS EQUIPMENT TO BE USED BY THE CITY CLERK. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Mrs. Gordon, Rev. Gibson, Mr. Reboso and Mayor Ferre. NOES: None. ABSENT: Mr. Plummer. NOV 9 1978 l4Ayot tette : 8. Ctrs. Gordon: Mayor Ferre: Mr. Gunderson Mr, Grassie: Mayor Ferre: 'We have h60 dote Att,C,bi item #1t we have 02 to do, item #3,405,6,1, 6 was withdrawn. I'm sorry, 6 was withdfaWn, 9,10, i,12,1j,.4,15,16,1,,10 here yet? Yes, ,Ir. Gunderson is ready if you would like to take p 10, Alright, let's take up item 19. Mr. Grassie: We will ask him to come in. He has been tabulating theft and he is just finished. Mayor Ferre: Would you get Mr, Gunderson, Charlie? A resolution authorizing the Director of Finance to pay the.., Now, what is this! Mr. Knox: This is a formalization of the settlement agreement in the Unger Building collapse case and we need to formally authorize a settlement. The City was found liable in both. Mayor Ferre: But this is not item 19. Mr. Knox: Oh, no, but what you were reading was an item that was just handed to you. Mayor Ferre: Oh, I see. 401. Mrs. Gordon: Where? tik 20. CLAIM SETTLEMENT - MARLENE FRAGOS, AUTHORIZE DIRECTOR OF FINANCE TO PAY $50,000. a Mayor Ferre: Alright, a resolution authorizing the Director of Finance to pay the Marlene Fragos and others the sum of $50,000 under the terms and conditions agreed upon in full and complete satisfaction of the judgement entered in the Circuit Court of the Eleventh Judicial Circuit, in and for Dade County, Florida, in favor of Marlene Fragos and others and against City of Miami, recommended by the City Attorney. Alright, Mr. City Attorney do you want... Mrs. Gordon: Why was the City found guilty in that case. Mr. Knox: Yes, there is a memo attached, if you will recall that the Unger Building collapse, a part of the liability was assessed against the City of Miami for the failure to inspect and ascertain the dangerous condition of the building and we were one-third liable along with the owners of the building and the persons who constructed it. Mayor Ferre: And you feel that we ought to settle it this way. This is... Mr. Knox: Yes, sir, the actual dollar amount that the City was found to be liable was $2,000,000 and the insurance company is picking that up, but there was a $50,000 deductable that we are being asked to pay. Mayor Ferre: Oh, I see. Alright, is there a motion? Mrs. Gordon: Are there any other pending cases? Mr. Knox: There are still pending cases. As to the Unger Building itself, all of the persons who were involved do not participate in this lawsuit and there are no pending cases, there are some potential claims which are still outstanding. Mayor Ferre: Rev. Gibson: Mayor Ferre: Alright, further discussion? Is there a motion on this item? Move. Is there a second? Is there a second? Is there a second? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) 39 NOV 1978 MtitAofdotit Well, we don * t have a choice bid you get A second Maurice Mayor Ferre: No, I haven't. Mrs. Gordon: I will second it. Mayor Ferre: Alright, seconded, further discussion, call the rolls The following resolution was introduced by Commissioner Gibson, who toyed its adoption: RESOLUTION NO. 78-700 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO MARLENE FRAGOS AND OTHERS THE SUM OF FIFTY THOUSAND DOLLARS ($50,000.00) UNDER THE TERMS AND CONDITIONS AGREED UPON IN FULL AND COM- PLETE SATISFACTION OF THE JUDGEMENT ENTERED IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR DADE COUNTY, FLORIDA, IN FAVOR OF MARLENE FRAGOS AND OTHERS AND AGAINST CITY OF MIAMI. (Here follows body of resolution, omitted here and in the Office of the City Clerk). Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Mrs. Gordon, Rev. Gibson, Mr. Reboso and Mayor Ferre. NOES: None. ABSENT: Mr. Plummer. on file 21. AWARD $6,000,0 $5,000,000 STR FIRE FIGHTING, BONDS & $5 000 BACHE HALSEY S 00 SANITARY SEWER SYSTEM BONDS, EET & HWY. IMPROVEMENT BONDS, $2,250,000 FIRE PREVENTION & RESCUE FACILITIES ,000 STORM SEWER IMPROVEMENT.BBONDS TO TUART SHIELD N e Se Mayor Ferre: Alright, we are now on item #19. Mr. Gunderson, it's a resolution awarding the $6,000,000 Sanitary Sewer System Bonds, $5,000,000 Street and Highway Improvement Bonds, $2,250,000 Fire Fighting, Fire Prevention and Rescue Facilities Bonds and $5,000,000 of the Storm Sewer Improvement Bonds of the City of Miami, Florida, and setting forth the rates of interest and other details respecting such bonds. And the successful bidder at 11 o'clock this morning was Bache. Mr. Grassie: Mr. Gunderson is here to comment on that, Mr. Mayor. Mayor Ferre: Fine, yes. Mr. Grassie: Go ahead. Mr. Gunderson: The successful bidder for the $18,250,000 bids consisting of Sanitary Sewer Bonds, Street and Highway Improvement Bonds, Fire Fighting Bonds and Storm Sewer Improvement Bonds was Bache Halsey, at the rate previously announced at 5.95. Mayor Ferre: Alright, further discussion? Is there a motion? Mrs. Gordon: Move. Mayor Ferre: Moved by Gordon and seconded by Gibson, call the roll NOV 91978 11111111111•111111111111111111111111 I 11111111111111111111111I 1111 • 1 The following teadiuttOft was inttoduced by Commissioner Gordon* 'AO thiAted it§ daptiont RESOLUTION NO. 78-701 A RESOLUTION AWARDING $6,000,000 SANITARY SEWER SYSTEM BONDS, $5,000,000 STREET AND HIGHWAY IMPROVEMENT BONDS, $2,250,000 FIRE FIGHTING, FIRE PREVENTION AND RESCUE FACILITIES BONDS AND $5,000,000 STORM SEWER IMPROVEMENT BONDS OF THE CITY OF MIAMI, FLORIDA, AND SETTING FORTH THE RATES OF INTEREST AND OTHER DETAILS RESPECTING SUCH BONDS. (Here follows body of resolution, omitted here And on fi1e in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Mrs. Gordon, Rev. Gibson, Mr. Reboso and Mayor Ferre. NOES: None. ABSENT: Mr. Plummer. Mayor Ferre: Now, we are on item 0... no, I guess we can't take 0 20... Can we take up 20? Mrs. Gordon: No, really. Mayor Ferre: No, ok. I think that does it then. Is there anything else? Mr. Grassie: I think that's probably all we can take up at this time, Mr. Mayor. Mrs. Gordon: 12 o'clock. Mayor Ferre: Then, well, it's 12 o'clock and we will see you at 2 o'clock. Mrs. Gordon: 2 o'clock. Mayor Ferre: Ok, thank you. WHEREUPON the City Commission recessed at 12:03 P.M, and reconvened at 2:25 P.M., with the following members of the Commission found to be present: Mrs. Gordon, Rev. Gibson, Mr. Reboso and Mayor Ferre ABSENT: Mr. Plummer NOV 9 1978 ■11 ■■■I■■111111■111111■I11111■■II 111111111111111111•111■ minIIII■I■IIIIIIIIiinmuuimumI■niloN■■IIIMINNI1111111IIIIIIIIIIIIIII11111=1=1.1I _ IIIIIIIIIIII111■11111I11111■1II11DD111111 '22. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS. 1. Presentation to Elizabeth Virrick of a proclamation designating Nov. 18th, as Coconut Grove Cares Day. On Said date this organization will celebrate its 30th anniversary. 2. Presentation to Dr. Sgt. Robert Ingram of a commendation in recognition of his being the first City of Miami Police Officer to earn a Phd. 3. Presentation of a resolution expressing condolences to the family of the late Dr. Manuel F. Artime Buesa. 4. Read into the record a resolution expressing the condolences of the City of Miami Commission to the Plummer family upon the demise of Mrs. Maude Papy, Commissioner Plummer's grandmother. Mr. Knox: Mr. Mayor and members of the Commission, as you may be aware, the City of Miami is developing a reputation as being a producer of City Attorneys and within the last six months one of our assistants, one of our young assistants was appointed City Attorney in the City of Margate and another one of our young assistants was appointed City Attorney in Hollywood, Florida. We are fortunate to have replaced these individuals with two young men who are inminently qualified in their own right and I wanted to take this opportunity to introduce them to the Commission. First and on your left is Mr. Frank Harder. Frank Harder is working in our tort Division, he distinguish himself as an Assistant State Attorney and when he left, he was a division head, so we are fortunate to have gained his services. Also, Mr. Michael Haygood has two years experience as an Assistant City Attorney " in the City of West Palm Beach and for a time he served as their Acting City Attorney and again, he has immanent qualifications and we are very optimistic about his future with our office and I just wanted you to meet them. Mayor Ferre: Thank you, very much, Mr. Knox and gentlemen welcome to the City of Miami and congratulations and very best wishes to you, and may your tenure be long and I hope that you get to be City Attorney of some City, somewhere, but not for a long time. N�• 1978 �'9 7 9 7 23. PUBLIC HEARING ON STATUS OF MR. 1SIDRO BORJA AS A MEMBER OF mt. PLANNING ADVISORY BOARD UNDER SECTION 62-19 OF THF. CODE. Mayor Ferre: I think we are on the afternoon session now and the first item is the 3 o'clock... is the 2:30 item which is a public hearing status of Mr. Isidro Borja as a member of the City of Miami Planning Advisory Board under the City of Mtamt Code Section 62-19. Mr. Knox? M Knox: By way of background at a previous meeting it was called to the Commission's attention that Mr. Borja no longer satisfied the residents requirements as set forth in the Code of which affected his membership on the Planning Advisory Board. Pursuant to instructions of the Commission, I notified Mr. Borja of that situation and invited him to appear at this time in order that he may make any statement that he will wish to make to the City Commission regarding his status as no longer being a resident of the City of Miami. The Code provides that all members of the Planning Advisory Board must be residents electors of the City. In the event that the Commission is satisfied that Mr. Borja no longer satisfys those requirements then, it would be appropriate to adopt some measure which would indicate that that position is now vacant. Mrs. Gordon: Is Mr. Borja here? How should that be worded Mr. Knox? Mr. Knox: Alright, it would only... the Code provides for removal of a member for a cause, lack of eligibility would be sufficient cause, due process requires that the individual be given an opportunity to respond to that suggestion, the opportunity having been provided, then the City Commission is now authorized to find that inasmuch as Mr. Borja no longer satisfys the residency requirements, that he shall be removed by the Board and it would take a resolution inasmuch his appointment was made by resolution. Mrs. Gordon: Is that resolution prepared? Mr. Knox: No, Ma'am, if you move it we would have it prepared before the end of the meeting. Mrs. Gordon: I would so move. Mayor Ferre: Tell me what we are moving now. Rose, what is it that your motion speaks to? Mrs. Gordon: The attorney's comments were that since the applicant, Mr. Borja, does not fulfill the requirements of the Code, that there is a... there was a public hearing provided for him today to state if he had any objections to this Commission taking the action which is necessary to officially declare the seat vacant for the appointment of a replacement. Mayor Ferre: Well, out of the courtesy to him, since obviously he is leaving one way or the other, shouldn't we give him the opportunity to resign? Mrs. Gordon: No, I don't believe that, that's the procedure, but you ask Mr. Knox, he is the attorney. Mr. Knox: For your information there was a letter transmitted by the City Attorney to Mr. Borja which is dated October 26, 1978, a copy of which is being provided to you now, wherein he was advised of an opportunity to resign. Mayor Ferre: So what you are saying is he didn't avail himself with that opportunity, so and this is the only thing that's left, right? Mr. Knox: Yes, sir. Mayor Ferre: Ok, there is a motion by Rose Gordon, is there a second? Rev. Gibson: I second the motion. Mayor Ferre: Alright, Father Gibson seconds the motion, further discussion on the motion, call the roll. 43 NOV 9 1978 TE#E tEUPON THE FOREGOING MOTION was introduced by Commissioner Gordon seconded by COMMIssioner Gibson was passed and adopted by the following vote: AYES: Mrs. Gordon, Rev. Gibson, Mr. Reboso and Mayor Ferre NOES: None. ABSENT: Mr. Plummer (LATER FORMALIZED RESOLUTION NO. 78-708) Rev. Gibson: Mr. Mayor, I want to make a cottntent. Mayor Ferre: Yes, sir, Father. Mrs. Gordon: I do, too. Rev. Gibson: I did before and I want to make it now. I would hope that as you and I deal with the public and especially people who serve this public, that we would be charitable in what we say and the way in which we do it, that is not to even imply preferential treatment of anybody, but it is a way of giving some little, if that is possible, tender loving care to people. To me it breaks my heart when people are harsh, unruly and just darn right discourteous and I would hope, based on, you know, some feelings I saw right in the public the other day. I would hope that whatever letter is sent that, that letter is carefully worded with some tender loving care. Man, you haven't passed anything until you are dead, you know... (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Rev. Gibson: And then when you are... and even then I'm not so sure. Mrs. Gordon: I think it would be in order and I would like to so move that we thank Mr. Borja for the service he provided to the City during the time that he was an eligible participant on the Planning... Planning Board. Mayor Ferre: Alright, is there a second to that motion? Rev. Gibson: Second. Mayor Ferre: There is a second, further dicussion on that motion, call the roll. THEREUPON THE FOREGOING MOTION was introduced by Commissioner Gordon and seconded by Commissioner Gibson was passed and adopted by the following vote: AYES: Mrs. Gordon, Rev. Gibson, Mr. Reboso and Mayor Ferre NOES: None. ABSENT: Mr. Plummer (LATER FORMALIZED RESOLUTION NO. 78-708) 24. PUBLIC HEARING - CONFIRM ORDERING RESOLUTION NO. 78-232 AND AUTHORIZE CITY CLERK TO ADVERTISE FOR SEALED BIDS - POINT VIEW HIGHWAY IMPROVEMENT H-4309, DEFER TEMPORARILY. Mayor Ferre: Alright, we are now on item #4, it's a public hearing, objections to confirming the ordering of Resolution No. 78-232 and the authorizing the City Clerk to advertise for sealed bids for the Point View Highway Improvement H-4309, in the area of South Bayshore Drive between Southeast 12th Street and Southeast 14th Street. Alright, would you... Mr. Grassie: Mr. Grimm will introduce the subject Mr. Mayor. Mr. Grimm: Mr. Mayor and members of the Commission, you may remember that at the last meeting the Commission directed that we again meet with the property owners to make sure that they thoroughly understood the City's project. Mayor Ferre: Would you also, after a few minutes that we have had a chance to look at this, turn it around so members of the public can see it or those that are objectors. How many objectors are there here that want to speak on this 44 NOV 9 1978 e 0 MEM MEM s� EN▪ E i_ ME▪ M public hearing? One. One, is that it? Two. Two public speakers. Anybody ei e? A1ttsht..tout, ok. ttr. Grimm: I wou1.d like to state for the record, Mr. Mayor, that this is a project that's almost tun years old... Mayor Feria: t welt remember, Mr. Grimm: .., and that the City was under really no legal obligation to do what it did, but because some many years had passed since it originally confirmed this district, that we felt with new developments and new owners, thalath the e fair thing to do would be to reconfirm the City's position. Now, a long way to go. We still have permits to acquire from the State and from the Federal Government and that may revise somewhat the approach that you see on thispiece of paper. The property owners that support this are aware of that, theyrecognize tha.t,'this is what we would like to achieve, but Achieving it may have to be modified. Thty have been assured that before we turn the first shovel of dirt, that they will have an opportunity to review the final plans. I, in all my years with the City have never seen as much public support for a project as this one has, there are over nine hundred units affected by this development and that if I have he Iorrect figures, why there is ninety percent of the people that supportthtto hdar rather than me reiterate the public support, let you have an opportunitY from some of the people that are here and the leading spokesman is Mr. Burgher and I think he will introduce otrs so that you can be that will ultimately payured that this hafor this projects the over- whelming support of the people Mayor Ferre: Alright, Mr. Burgher would you... you are here as an opponent? Mr. Burgher: We are here in the affirmative, sir. Mayor Ferre: Oh, a proponent. Ok, proponent. Alright, why don't we have somebody in the administration turn this map around so that members of the public can see this. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Oh, ok, I'm sorry I made a mistake here. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Where is it? 2:30? (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) 25. RECEIVE SANITARY SSEWER EXEALED TENSIONS S 0 TENSIONSR 0OFNSTRUCTION IMPROVEMENTSR-5448-C. Mayor Ferre: We have an opening of bids at 2:30, but I don't see where that is. Mr. Ongie: It's item 5. Mayor Ferre: Oh, sealed bids for construction of City Wide Sanitary Sewer, so we will take a little break on this item 4 for a second and take up item 5. Father Gibson, do you want to move that? Rev. Gibson: Yes, sir. Mayor Ferre: Alright, Reboso seconds sealed bids, further discussion on the opening of the sealed bids, call the roll. NOV 9 1978 The follovini its adoption: WHAM W itttoduced by Commigsiotiet Gibson, Vho MOTION NO. 78-704 A MOTION TO RECEIVE, OPEN, READ AND REFER TO THE CITY MANAGER FOR TABULATION AND REPORT BIDS AUTHORIZED TO BE RECEIVED THIS DATE FOR: CONSTRUCTION OF CITY WIDE SANITARY SEWER EXTENSIONS IMPROVEMENT SR-5448-C (centerline sewer). a upon being seconded by Vice -Mayor Reboso, the motion was passed and adopted by the following vote: Mayor Ferre: Alright, open the bids. Mr. Ongie: The first bid is from Joe Reinertson Equipment $532,477.50, alternate base bid $543,757.50, alternate base The next bid is from Webb General Contracting, Incorporated alternate base bid $1,556,223.79, alternate base bid 2 $579 that's all of the bids. Mayor Ferre: Alright, anything else on item 415, if not, we have passed that. Company, base bid bid 2 $574,412.50. , base bid $546,432.75 ,302.08. Mr. Mayor, 26. PUBLIC HEARING CONT'D - POINT VIEW HIGHWAY IMPROVEMENT H-4309, TEMPORARILY DEFER. Mayor Ferre: Alright, we are back to item #E4 and sir, you were going to address the Commission and we need your name and address for the record and then we will hear from the opposition. Mr. Burgher: My name is Kenneth Burgher, B-u-r-g-h-e-r, and I am President of the Point View Association. Now, I think I should explain what the Point View Association is, what it does and what it's whole reason for being is and that very simply is to act as a conduitfor communication between... of the City Fathers, various City agencies and the seven residential structures on Point View, six of which are built on, one of which will be started within the next two or three weeks or four weeks, something like that, the developer assured me the other day. I have been living in one of two buildings... one of the two buildings on Point View for the last six years, six years last June, at that time there were two buildings, when I moved in there were two buildings on Point View. There are now six and another one about to start which is only thirteen units, but still it will take up the final bit of that crescent which is delegated as Point View. About two years ago I first heard out -lots and I had no idea whatsoever, I had never heard that term before and I had no idea what out -lots meant, but it intrigued me because it involved one out -lot in front of our building which is now the one that I own a unit in, which is Brickell Bay Towers. So I made inquiry and I finally traced this down to the Department of Public Works and I went down and met Mr. Campbell, George Campbell who explained to me the reason for these out -lots, the fact that they were going to upgrade, they had a plan to upgrade Bayshore Drive which is desperately needed. It was only a few days ago that we had two feet of water on Bayshore Drive because of the annual Fall winds and high tides and perhaps a little moon in there too, but this is a regular thing and Bayshore Drive has become momentumly bad and it's broken up. It has holes that they have temporarily patched and then so on and so forth. And then I found that there was this plan for the rehabilitation of this whole area and to make it consonant with the type of dwellings which have been built, the structures that have been built, multi -multi million dollar structures along Bayshore Drive. So I got together with a group of people, a representative from each of the buildings that are now in being and we agreed that it would be a good policy to form an association, Point View Association so that we would have a vocal point where the condominiums and the cooperatives etc., would come to us, we in turn could also be the center point of contact with for instance, the Department Of Public Works. We formed this association last February and Mr. Campbell asked 46 Nov 9 1978 me if it would be possible to setup a meeting on Point View to make it easy for ail of the people who live there to attend it, where the Department of Public Works could come down and show the people who were involved,interested what they had proposed in Coo way of plans fur upgrading Bayshore Drive. We got a building, incideutl.y we have an excellent attorney as one of the members of the Board and he also, Ch.i' e an of the Executive Committee, Neil. Sonnett and I believe he knows some of the Commissioners and Mr. Mayor, and he explained quite a lot of the rati.ona.; of this, t:'e fact that :Lt wasn't necessary, manditory for the Department of Public Works to come to us and show us what they were doing, in other words, it was not legally binding for them to do it, they could just go right ahead prepare plans and have them executed. However, they prefer to do it this way, to bring it to the people who would be living there or are living there who are taxpayers and owners and to show them what they plan to do and to ask them for their comments which I think is a magnificent thing. Three times since the founding of the association this has happened, they have come down Mr. Campbell and Mr. Br.inert have cots, down to Bayshore to Point View at night and held those meetings and brought down their schematics on April 26th, on July 25th amid October 31st. After i-he meeting of July 25th I felt that it would be in order to make a survey of the six standing buildings and also the one that is going to built and for which a variance was granted last December 5th and I think it's rather interesting as Mr. Grimm has quoted me and that the, not this plan, but the one preceding this, 90.7% or a total of eight hundred and twenty-three units voted affirmatively, we want Bayshore Drive to be upgraded, modernized before the bulk -head fall entirely into the Bay. At that time there was one unit, one building rather of ninety-nine units which was 9.3% or roughly about 10 to 1 against them who didn't like certain aspects of that plan that was presented on July 25th. Subsequent to that the Department of Public Works presented their plans to the various municipal elements that would pass upon it's... the suitability and it turned out really that the cooperative was right, their objection to it was the same objection that the DOTT had and I think the Fire Department. So with this modification that eliminated any negative, any large or substantial or significant negative attitude. I firmly believe at this point, that out of something like eight hundred and twenty-two units represented and this association which is all of the units on Point View, that we wouldn't find a half a dozen people who object to this, we think it's wonderful. Now, I don't have anything further to say except we also are quite well aware of the other facts that Mr. Grimm brought up and that is any changes which may be made because of the Environmental Agencies or somebody who has a position of authority might want them to modify this, we know that. We are very pleased to think that they would volunteer to come back to us and to show us what changes they propose making. We are extremely appreciative of the attitude, the patience, the tolerance and the cooperation. And I would like to have that as part of the record, believe me. When you get the kind of cooperation that we have from a public agency such as the Department of Public Works, we recognize and as I say we appreciate it very much. Thank you, very much. Mayor Ferre: Alright, sir, thank you. Ladies and gentlemen and sir, I'm very grateful for your statement and I'm sure you may want to rebut some of the discussions that's coming and we try to keep the time about equal, you took very close to fifteen minutes on that. Let's see if the other side can summarize their position. Who is the first speaker... Mr. Bliss? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Yes, sir. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Yes, sir in due time. Now, would you mine if we let some of the opponents make a statement and I will recognize everybody who wants to speak. Ok, Marilyn go ahead. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: I don't think so. There is a little button., (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: No, no, that's up there, there it is, Ok (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: No, there... you just turned it on, 4 J NOV 9 1979 : teed: Ok. Good afternoon, my name is Marilyn Reed, for the record my residential address is 3183 McDonalds Street in Coconut Grove. First off, Ism not opposing part of this. I believe that this street is in disreputable condition and does need repaving. But I'm here to give you some information and Mr. Grimm has already ment•J.oned the problem that's involved here and I don't believe these people understand State Law and the City has already been through this. Now, under one statute in the State of Florida, you will not be allowed to fill that Bay, so therefore, modifications will have to be considered this plan. I can assure you, you are not going to be able to fill that Bay. The City of Miami has to go through a process that's very long, through the State and through the Corps of Engineers. This is only one set of rules they have to comply with, there are four just like this, it is a long process. As a taxpayer I'm calling to your attention that I think it's putting the cart before the horse to let bids prior to finding out if you can get this permitted and I don't believe you can. I have here for your information- I will wait until he gets it, ok? I specifically want the Mayor to hear this. Mayor Ferre, I have the latest economic impact study from the DNR and I would like to have you hear a couple of exerts and the rest of the Commission and the people here, this just came down to me from Tallahassee. We are getting ready to setup a Bay management which, of course, will affect this and there will be regulations. The first statement in here of which I'm abstracting "the benefits are rising from the inforcement, restrictive regulations would be dependent primarily upon the extent that the regulations reduce the pollution and degradation of the preserve, then would otherwise, have occurred". It goes on to say that "any enhancement of the biological and aesthetic values of the Bay, will have direct social benefit to both resident and visitor uses of Biscayne Bay" and then they offer some statistic which you might... would you be interested in hearing this? Alright the recreation and commercial demands placed upon the bay are at least in part generated by the residential population in the area. In 1977 the combine population of Dade and Monroe Counties was estimated by the Bureau of Economic and Business Research of University of Florida to be approximately 1.5 million. Projections for the year 2000 indicated combine resident population of 2.2 million, represent an additional 700,000 people or an annual increase of 2% over the period. The resulting increased number of recreational users of the Bay will receive increased social benefits from the development and implementation of a comprehensive program aimed toward preservation. An industry of major importance for Dade/Monroe area is tourism. According to the Florida Department of Commerce, the number of out of state tourist arriving in Miami increased by 86% between 1970 and 1976. In 1977 out of state visitors to Dade alone totalled 4.1 million persons who spent approximately 1.7 billion. The current year is witnessing a tourist boom with 3.6 million out of state visitors having arrived in Dade during the first six months resulting in tourist expenditures in excess of 1.5 million. Here is the final point, surveys conducted for the Florida Department of Commerce indicate that visitors show a strong preference for coastal waters and beaches. When asked what they particularly like 82% of those Florida visitors surveyed in 1977 mentioned beaches, 39% mentioned fishing and boating and 18% water sports. These findings are relevant for Biscayne Bay says any increase in pollution and degradation of the preserve under non -action could be reflected in future tourist expenditures. Now, I think this is the economic phase of it that we have to look at, when I come to you and say I think it is highly unlikely that you will get permits to fill in the Bay. I believe that concludes my statement. Thank you. Mayor Ferre: Thank you, Fay. 27. PERSONAL APPEARANCE OF MR. FRED HIRT; DIRECT CITY MANAGER TO FIND MONEY NEEDED TO FUND DOUGLAS GARDENS - LEGION PARK PROGRAM FOR SENIOR CITIZENS. Mayor Ferre: Alright, now ladies and gentlemen, I'm going to apologize and we are going to have to interrupt this because Mr. Fred Hirt has a very important 3:30 meeting that he has got to be at and the Miami home for the aged has a presentation that they want to make and we are going to take them out of term, out courtesy to them, if you will permit that. Now, I'm sorry to put you through this, but they have been waiting all day here and they have a 3:30 appointment which they just cannot break, so... Mr. Hirt: Mr. Mayor, thank you. We are grateful for the opportunity to make a presentation on behalf of the participants of Legion Park. We would like to show 48 NOV 9 1978 whefi we Wete requested and based on a program which was done recently by Chancel 7, t know which was brought to the attention of the Commission... Mayor Ferre: Now, Fred now you are are here representing the Legion Park t'togtefi or the Miami Jewish Home for the agent? Mr. Hirt: Legion Park. Mayor Ferre: I see, ok. Mr. Hirt: Legion Park and this is what was filmed and we would like you to see this prior to your deliberation. Thank you, very much, Mr. Mayor. Mayor Ferre: Ladies'and gentlemen, so that you will know, these people have dote a wonderful job for senior citizens who would otherwise, be in hospitals and invalids and this is why we ere taking this time off. +-•r NOV 9 1978 'x Hitt: It doesn+t end thete either, Mts. Gotdon: Let's go on to a diffetent... Mr. Hirt: We're trying to make them respected individuals in this community because they've done so much for us. America is what America is because of these people. FILM PRESENTATION. - The Douglas Gardens Senior Adult Day Center gets most of its money from the City of Miami's allocation of Federal Revenue Sharing. Feeling a bit better now about paying my taxes. I'm Mark Mr. Hirt: Thank you for the time. I know it may seem a little melodramatic at times but the reason we brought it is because we're just so concerned about The program and hopeful it will affect favorably the deliberations of the City Commission. Mayor Ferre: Fred, we share your concerns. Mr. Hirt: Thank you very much. Mayor Ferre: Well, sure, I have no objections to you making the motion unless we get into a big heated discussion about it then I think out of fairness to these other people we really can't, you know, I've said if I allow you the time to make the presentation to five minutes but there are a lot of people here waiting on these other items and I don't want to unfair to them. Mr. Hirt: I agree 100%. Thank you Mr. Mayor. Mayor Ferre: Rose, if you want to make the motion... Mrs. Gordon: I'd like to let them go away from here knowing that we want this program to be kept alive for the full year coming and I would so move that it be funded to the necessary amount. Mayor Ferre: Alright, what is the total amount of funding as requested? Mr. Hirt: $105,000. Mayor Ferre: You have $78,000 allocated here. Mrs. Gordon: I would move that, that was only a partial allocation that we asked the Manager to find the difference and fund it for the year. Mayor Ferre: Alright, that means it's $27,000 additional. Now, Mr. Manager,... Mr. Grassie: This is particularly a worthwhile program Mr. Mayor and members of the City Commission, and I think that all of us would like to find the money for +sr this program as well as many others. Now, one of the things that I think that we are going to have do in this coming year, particularly if you keep in mind the discussion that we had this morning with regard to contracts of City Employees and the very substantial financial problems that that places on the City is that when we exercise the preference of funding a program we also have to talk about where the money is coming from, and I would suggest to you that we can't simply adopt a motion to fund a program and then suggest that the Manager find the money. That assumes that I'm going to be a magician for the rest of the year. Mayor Ferre: Alright, we understand your position. Mr. Grassie: And, I don't think that's reasonable. Mayor Ferre: We have a motion, is there a second ? There's a second to the motion at this point. Now, we're going to have to deal with the funding of it in a moment. Is there any further discussion? Further discussion? Call the roll. The following motion was introduced by Commissioner Gordon, who moved its adoption. 50 NOV 9 197E, MOTION NO. 78-705 A MOTION DIRECTING THE CITY MANAGER TO IMMEDIATELY SEG114 SEARCHING FOR THE BALANCE OF MONIES NEEDED TO FUND DOUGLAS GARDENS -LEGION PARK PROGRAM FOR SENIOR CITIZENS IN THE TOTAL AMOUNT OF $105,000 FOR FY-1918 -19/9. Upon being seconded by Commissioner (Rev.) Gibson, the motion t4aS pABbed and adopted by the following vote: A ES: Commissioner Rose Gordon Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOt8t None. ASSENT: Commissioner J. L. Plummer, Jr. 28. PUBLIC HEARING CONT'D - POINT VIEW HIGHWAY IMPROVEMENT H-4309, PROCEED "!ITH MODIFIED VERSION. Mayor Ferre: Alright, we're now back on item #4. Alright, Mr. Bliss, are you the next speaker? Mr. Grassie: Mr. Mayor, are we letting these people go away thinking that they have the money? Mayor Ferre: Well, we just heard four votes in favor of it, so I would assume that the answer is yes. Mr. Bliss: I sent a letter out to the different apartment houses in the area of condominiums about two days ago, Tuesday afternoon, I left a copy of it on each one of the desks, and also left a letter that was given to me to give to each one of the Commissioners. I don't know what's in that but I understand it is opposition and there are some names in it. I'm opposing the building and there's some things that was said previously that I'd like to answer. One is that they stated there's three times a lier is a lier, is a damned liers is statistician and I don't think you'd believe that in the last two days I've had 800 calls and I haven't, but I know that if they had 600 or 800 people that were for the plan the plan they were for was the fact of rebuilding the street, everyone is for the idea of rebuilding the street, but we had three meetings at Bayshore Place in each of those three meetings there was enough opposition,and Mr. Campbell in the middle of it would say, look, if you want the street to remain right where it is, we'll leave it right where it is and he got applause and they weren't being sarcastic they were serious. They did not want that filled, a nd I know that there were less than 50% of the people that wanted that filled, a lot less. I can't see if you're not going to be able to get the fill how you can let bids out for it. I can see if you were going to separate it and let bids out to rebuild the street and then worry about future things and other bidding later that would be one way of doing it. I am against filling the Bay. I'm against moving, for instance, the property my club is on 100 ft. further from the Bay, and that's really what you'd have if you move it out. The club sits back further than any of the other condominiums, it sits no higher than two -stories whereas, the other buildings sit up 12, 14 stories, there's a big difference in looking out and seeing water and having to look out and see land in front of you. I also brought up to Mr. Campbell about the riparian rights. I understood I had them with my outlot and I understood they stayed With me and I believe Mr. Grimm in his letters to us said that they stayed with us. Now, I have heard indirectly from the City Attorney s that the riparian rights cannot be separated from the land. If that is true, I certainly would want to know whether I am supposedly giving up my riparian rights as well as the outlot no matter how the City feels about it. I know a lot of people who are not here today are not here because they do work and we thought this was going to be at 7:30 tonight, at least I did and they also, I had at least five calls in all I think, told me they're afraid1the people I was talking to are afraid if they argue about this they aren't going to get the street. And, two and three years ago, I heard that until the outlots the street is going to remain the way it is 51 NOV 9 1978 MMEIMMIlt ems- MMW mow MER mum it will not be repaired and this was not just me that heard it, it was told and these people are afraid that, the ones I have talked to that called me up in answer to my letter, they said, we're all afraid that if we we oppose this, we won't get the street fixed and we need the street fixed. A lot of them said they like my idea of the parallel parking along the outside leaving the land right the way it is and it could be done, there plans have 57 parking spaces, I believe, right now there's about 125 cars that park there every night. The building next to me is the one that suffers the most because it never had sufficient parking. It doesn't , I believe it does not have one single parking space for a quest, they just have exactly enough parking spaces for the owners of the apartments or houses units, and certainly there's more opposition from some buildings than from others. Those three places that would be filled are going to be sitting in front of one building and servicing another to a certain extent and that does make a difference. There's also, well, it may not come into this way, the outlots were really acquired an awful lot of them by persuasion that was a little beyond I think what really is that honorable. I talked to the people at Costa Bella they're opposed to it and the builder still owns 35 or 45 units and I said, why did you give up the outlots, he says, you had to, I said, what do you mean you had to.? He said, if we hadn't given up the outlots there's too much pressure, it's too tough for us. Well, I know a little of it was used on me and I know at Bayshore Place they told me they had given their outlots to the owners of the units, and then five weeks later they came in and talked to me and the parking garage had fallen down while it was being built and they said we've just turned them over to the City, they said, because we understand that if we don't it'll be six months before we can pull this cement out of here and start rebuilding, and they did turn them over at that time, I know that, because they already they wouldn'tBut the important thing, I don't see any reason to fill the Bay. They can get the same number of parking spaces by parallel parking, and I don't see how they can bid on it if they aren't going to get to fill the Bay, that's all I think / I have, except (NOT SPEAKING ON THE MICROPHONE)... Mr. Grimm: Mr. Mayor, that's twice I've heard the statement that we intend to take bids on this project before we have the necessary permits. I want to assure the Commission that there's no way we can do that. Mayor Ferre: Alright. Mr. Bliss: I thought this meeting was supposed to be to let bids,seaied bids. Mr. Grimm: This meeting is strictly to confirm this as a legal highway district which authorizes us to take the next step (period). Mr. Bliss: Was the last meeting that we had, was that the sealed bids? Mayor Ferre: Look, Mr. Bliss, if you read the City Commission agenda item 40 explains it clearly there. Mr. Bliss: I mean the one from last month, sir. I'm sorry. Mayor Ferre: Alright, who's the next speaker, then as an objector? Objector? Any other objectors? Any other objectors want to be heard? Alright, now the proponents. There was a gentleman here that wanted to speak. Alright, sir. Rev. Gibson: The gentleman over there. Mr. Selecman: Mayor, Mrs. Gordon, Commissioners, I'm Lee Selecman, and I live at 1430 S. Bayshore Drive. After the July meeting, public meeting at Bayshore Place I did a lot of research involving this particular project and I discussed it with the traffic people from the City of Miami, the Dade County Traffic and Transportation people and your own people, including our good friend Mr. Campbell and the plan that came out after the July meeting is this plan here and I speak for myself and for the Board of Directors of the Bayshore Co -Op in that we approve. this plan and we would like to have you folks approve it also. We've I won't say suffered but we have lived with this street for 17th years and we pay a lot of taxes and we don't ask for very much but we would certainly like to point with pride to the street because we can now point with pride to our own property and I urge you to please adopt this particular proposal. Thank you very much. Mayor Ferre: Alright, the next speaker. Rev. Gibson: That gentleman there. Mayor Ferre: We'll leave you for last. We have a lady and this gentleman and then we'll recognize you again. 52 Nov 9 1978 Mr, Lewis: Members of the Commission, my name is Herbert Lewis, I'm a member of the Board of Directors of Brickell Bay Tower at 1408 S.Bayshore Drive, I was recently President of that Board. I'm no longer President, still a member of the Board. I've lived in South Bayshore Drive for 14 years and the building that we're in new before it was converted into a condominium and the street has become exceedingly worse and the bulkhead has become exceeding worse, in fact, we had if had a severe hurricane I think it would just wipe out the bulkhead and I've been down here in a hurricane, even when the bulKneao was in better shape and I feel that something should be done to first of all, to upgrade that street, that's almost imperative, we've been very lucky this year we didn't have a hurricane. I'm an Engineer by profession, and another Engineer, Mr. Bob Hart who is sitting here, and I've talked to Mr. Campbell, we're very appreciative of the support that the Public Works Department has given to this project and the consideration they've given to the owners of our association. The club that Mr. Bliss represents is just a club, it's not a condominium. We have 21,4 apartments, approximately 600 people living in the building that I'm a Board of Director of and there are many others down the street. He's only one individual representing a club in which he has transients in and out of there. He, perhaps, would like to have some docks in front of his place and perhaps that may be some of the motivation on his part. I feel that this plan is a good plan regardless of how the parking is done one way or the other. I think the street needs widening. It'll put the Bay out a little further from us. When you have high winds, high tides and an easterly the waves comes up clear across the street onto our lawn, sections of our lawn. In a hurricane the Bay was in our pool, so I would like to see the bulkhead out further and the street higher,and for that reason I support this plan. Mayor Ferre: Alright, sir. Mr. Ongie: Your name and address. Mrs. Myers: 1420 S. Bayshore Drive. My name is Lil Myers. I think the impression is being given very much that everybody is for this plan. The only thing I want to say is that we were never polled. I don't know where they got the 90%, nobody else I know in our building was ever polled, so I think that you're getting a very wrong impression. I think that a lot of people who don't want this and there is a difference between maintenance and rebuilding. Some maintenance, yes is necessary it's a mess, but as for filling in the Bay, I think you're going to find if you really took a poll of the people living there you're going to find a heck of a lot more than 10% against it. Mayor Ferre: The next speaker. Are there anymore speakers? Alright, you wanted to say something, and then Mr. Bliss, or Marilyn, I'll recognize you,but let's let him first and then you can finish your statement. Go ahead. Mr. Bliss: Since I quoted the percentages to you I want to explain how we arrived ■ at this. I want this to be absolutely clear. As I said in my opening address or the opening remarks. We have one person from each of the seven buildings on this association, the Board. Each of these people go back and report to their own associations or to the developer or owner of the property whichever it may be. they then come back and advise us of the feeling and the desires or the requests of that particular building that they represent, that is where the figures came from. I have a gentleman who represents Costa Bella with me here today. Costa Bella has 231 units, Mr. Dennis , who with Mr. Ariano constitutes the management of that building. We went to Mr. Ariano through another one of our Board Members and he presented the whole concept to Mr. Ariano , who then told him yes this building will back the plan. This is the way we went down the entire list and you've just heard a gentleman from the building in which I have an apartment have a unit who was President of the Board of the Directors and who gave me his assurance that the Board would act in the same fashion so I have acted through channels of authority and I am thoroughly convinced that you people will understand this and understand how I arrived at these figures. Mayor Ferre : Alright, sir. Mr. Bliss: Thank you. Ms. Reed: Marilyn Reed, again, I just have another point of information for you. You won't have any problem getting your seawalls replaced. You will have a problem as I stated before in the fill. The army core and the state require one foot differential from the old seawalls to the new seawall and it's not that difficult to get those permits. So, if you can modify it to comply with those acts you won't have any problem. 53 • i Mayor Fette: Would you speak to that Mr. Grimm, because you know we've gone through this before and I think that's not too much of an exaggeration to say that it's a little bit difficult to get permits to fill in anything in the Bay. Mr. Grimm: There's no question about it's difficulty Mr. Mayor, but I don't want to prejudge our failing before we try. Mayor Ferre: Except that, you know, if you've tried before and tae haven't made it Mr. Grimm: When we applied to the State for this permit under the earlier certification of the highway district the only reason that he State denied us a permit at that time was that we did not have complete ownership of all the outlot. They suggested that we come back. Now, subsequent to that, the Biscayne Aquatic Preserve Act has gone into effect... Mayor Ferre: Yes. Mr. Grimm: ... which does state that it is illegal to fill in the Bay unless such fillings can be proved to be beneficial. We think we can present a case to prove that. We're not purposefully going up there to spin our wheels, but if the people know that if we do not get a permit we're in a position to modify the plan but certification of this as a district is a necessary first step without that we can't even take the next one. Mayor Ferre: Well, I just don't want to be spending an awful lot of time and spinning more wheels for a longer period of time when you've taken into account that we've been waiting to see this done for 10 years, we've been since 10 years. Mr. Grimm: Yes, sir, but you know, there was accusations that we acquired this property by holding clubs over people's heads. Every piece of outlot property that we acquired we acquired by voluntary dedication, except for Mr. Bliss. Now Mr. Bliss did have a club held over his head, his club was that he wouldn't get a variance to build the club on that property unless he dedicated the outlet. }ie is the only one I know that had a club over -him . Did he dedicate the outlot? Mr. Grimm: The variance that this Commission granted to Mr. Bliss was subject to his dedicating the outlot. No one else has been before this Commission with that threat. Mayor Ferre: Yes, he got a variance, I think he dedicated. But then we do have a dedication of the outlots, is that right? Mr. Grimm: Yes, sir. Mayor Ferre: Alright, are there any other speakers at this time? What's will of this Commission? Rev. Gibson: Mr. Mayor, I heard what that gentleman said and the kind of presentation he's made knowing Coconut Grove as I do and I think perhaps more than most areas in the Grove, the people in the Grove are not only highly knowledgeable but they will use every available means to get knowledge and information and if you had the opposition as I think you would have had, if they were opposed to it they'd be here ,I don't care what time of day it is,I've lived in the Grove 11 long enough to know that. With that in mind I'd like to offer that we support the position of the staff and the gentleman who made the presentation. mm Mayor Ferre: Alright, there's a motion by Father Gibson, is there a second? Commissioner Reboso seconds. We have it now on the floor. Let me read into the record, two letters, one addressed to Mr. Grassie, Mayor and the Commissioners. mm It reads as follows: Many of the tenants of Point View, wish to register a negative vote of the Point View Highway Improvement as it is presently proposed. The City of Miami Department of Public Works proposed plans to repair and raise the road mm and seawall between 14th and 15th Roads on Bayshore Drive. At the same time it mm has been proposed to fill in the Bay at three different points beyond the present seawall between two roads. We, the undersigned tenants, do want the seawall and road repaired as it is presently inadequate and dangerous but we would like to keep the present contour of the land. This proposal to fill in the Bay beyond the present seawall to make parking lots is the portion to which we strenuously object. It would add immeasurably to the cost of the project and further disturb the ecology of the Bay. On October 31, 1978, an article was printed in the Miami Herald reporting that the City of Miami's request to expand Bayfront Park north of Miamarina by filing Biscayne Bay was denied. This decision by the Florida Department of Environmental Regulation was based on the 1974 Biscayne Bay Aquatic Preserve Act which prohibits most bay dredging and filling except in cases where the work is "necessary to enhance the quality or utility of he preserve." We feel that this is also 1978 ■ rA NOV1 applicable in this project: We thank you for listening and trust that you will take our "Nay" votes into consideration and do only what is really necessary to make Bayshore Drive and its seawall a safe place. Yours truly, and there is a series of signatures that looks to me like maybe. 30, the top one is Anne Saxe and the .last one is Betty Channon, and these :are all people who live at Point View. There Is anoth&r letter which I will put into the record which comes from Mr. Bliss, who you've heard from, so I won't read, a letter to Dear Neighbors from the Comwodores, which basically points out, different to what Mr. Bliss just told us but he was aware that the meeting today would be at 2 P.M., so... but the main context is basically the same as what he said here today, so I'll submit these into the record. We now have a motion and a second, is there further discussion on this item? Mrs. Gordon: Just for the record to reflect the comments that you made Mr. Grimm, that was that you had to had an action from this Commission before you could atiply any further with relationship to the permits that are needed, correct? That is your answer that it's correct. So if the permits are not obtained you will not be able to proceed but what I'd like to know is how much time you feel it will take to go through this mechanism of trying to get permits and how much delay there will then be in any possible improvement to the roadway because of the applications you have to make? Mr. Grimm: It could take a year Mrs. Gordon. Mrs. Gordon: That's the problem that I foresee. It's a long drawn out process of applications and possible rejections and appeal and so forth and so on. In the meantime the condition of the roadway, what is it in your opinion? Mr. Grimm: Well, the condition of the roadway is terrible to say the least, but we do our best to keep it passable. All of the conditions that they talked about such as its low elevation and other things like that are true. We don't argue that but we do not purposefully avoid keeping it a passable road just to force this issue that is not our intention at all. Mrs. Gordon: I didn't say that. Mr. Grimm: I know that but some of the people that presented arguments did and we are not going to let the street deteriorate so that we are in a better position to rebuild it. Mrs. Gordon: Are you going to go in there then in the interim while you're applying for all these things and make it a better more passable road for the people who are living there for this coming year? Mr. Grimm: No ma'am. Mrs. Gordon: You can't? Mr. Grimm: Not in the sense that you're thinking of, because the street requires complete rebuilding, if we fail on our permits to require the fill we'll redesign the project within the limits of what we have and the property owners that support that are aware of that. Remember it's the policy of this Commission to improve the waterfront areas that we have in the City for the betterment of the public and we think that this plan does that and we think that we have the majority or support of the people that live there stating that same thing. Mrs. Gordon: Mr. Grimm, have you or your Department, have you the alternative proposal that you would have to resort to if you don't obtain your permits already designed or not? Mr. Grimm: Not designed other than schematically. What it would do would move the line back to as Ms. Reed pointed out, approximately a foot paralleling the existing bulkhead. In other words, they would allow you to come in and drive a new bulkhead externally of that old bulkhead without disturbing it. Mrs.Gordon: Well, I really feel that as Marilyn Reed pointed out that you know, you feel optimistic. I feel pessimistic about your getting those permits, having a little bit of working knowledge with the agency that you have to go through. So I hate to see a whole year wasted before redevelopment is done. Mr. Grimm: Well, the only,one of the hopes that I have is that you know that both ends of this project are privately owned and both ends of this project did achieve permits to fill in bulkhead,Tibor Rollo on the South with Viscaya and on the North Mutual of Omaha. 55 NOV 0 1978 Mt Gotdon: That's ptiot to though; MAyot Ferret Five years ago. Mrs: Gordon: Surely, it's prior to the actb that we wete just desctibihg Mid that is the reason why you're not going to in my opinion meet with the success you would like to receive. Okay. Mayor Ferre: Any further on this? Ma'am, the public hearing portion is through, we've heard all the comments and at this point we're up at the point of voting. Mrs. Gordon: Maurice, I'd like to have the Administration report back to this Commission on a quarterly basis the progress they're making. Mayor Ferre: Alright, anything else? Further discussion. Call the roll. 6.6 THEREUPON THE FOREGOING MOTION WAS INTRODUCED BY COMMISSIONER (REV.) GIBSON AND SECONDED BY VICE MAYOR REBOSO AND DEFEATED BY THE FOLLOWING VOTE: AYES: Commissioner (Rev.) Theodore R. Gibson Vice Mayor Manolo Reboso NOES: *Commissioner. Rose Gordon *Mayor Maurice A. Ferre ABSENT: Commissioner J. L. Plummer ON ROLL CALL: *Mrs. Gordon: With all the things that I know about the futility of trying to get these permits I must vote "no". *Mayor Ferre: I have to unfortunately, Vince, come to basically the same conclusion that Rose has. We've tried so many, many times to get little pieces of the Bay filled for public purposes and we just get our head handed to us. I think we better realize the reality of what we have and just stay within the boundaries of what we have, don't ill anymore of. the Bayfront land and just come up with a project that is durable without having to go through all these permits and just improve ... let's just improve the road get it finished, and frankly put in some green area and forget about 54 parking spaces and all the other stuff. I know that this is badly needed in that area but I'm afraid that we're not going to be able to solve it by filling out the Bay bottom. Mr. Grimm: Well, Mr. Mayor, if the Commission direct us to take that approach certainly, we can do that but I hope you recognize that we cannot do anything unless you confirm this as a highway district. Mayor Ferre: Yes, well we will confirm it as a highway district. Mr. Grimm: If you vote no... Mayor Ferre: I don't think anybody has any problems with that. I think the main problem, I'm fully ready to go, I don't agree with. Mr. Bliss's plan or his position. Let's move ahead and do something but I think Marilyn Reed and I'm sorry, because I'm one of those people that don't happen to have that kind of a'big hand -up about going 3 ft. into the Bay, but I've had my head handed to me enough times that I'm beginning to learn my lesson Marilyn, so I'm not going to hit my head on a brick wall anymore and therefore I vote "no" on this project. Now, wait a minute I vote "no" on Commissioner Gibson's motion. Now, I would like to then make a substitute motion or have Mrs. Gordon make a substitute motion if she wishes... Mrs. Gordon: Yes, well... Mayor Ferre: ... which is ordering that this be a highway improvement project but staying within the boundaries of the land that we presently have. Mrs. Gordon: Right, and to move it as expeditiously as possible to a conclusion. Mr. Grimm: Can we have an understanding that that will be what is we're allowed to do, in other words 56 NOV 9 1978. Mfrs, Gordon: Yes, what youire allowed within the law, 14f y.Gt tmm: Okay. Mayor Ferre: Alright, now there's a motion by Rose Gordon, is there a second to that? Father Gibson seconds. Further discussion? Ca11 the roil, The following motion was introduced by Commissioner Gordon) who moved its.' adoption. MOTION NO. 78-706 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO PROCEED WITH THE MODIFIED VERSION OF THE CONSTRUCTION OF POINT VIEW HIGHWAY IMPROVEMENT H-4309, STAYING WITHIN PRESENT BOUNDARIES AND NOT MAKE APPLICATION FOR ANY FILL PERMITS AND TO PROCEED WITH THIS PROJECT AS EXPEDITIOUSLY AS POSSIBLE. Upon being seconded by Commissioner (Rev.) Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner Rose Gordon Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. 29. AMEND RESOLUTION 78-620 BY ':EDUCING ALLOCATION FOR COCONUT GROVE FAMILY CLINIC AND APPROVING THE ALLOCATION OF FEDERAL REVENUE SHARING FUNDS FOR PERIOD OF DECEMBER 1, 1978 THROUGH SEPTEMBER 30, 1979 FOR Mayor Ferre: Alright, we're on item no. 7 now, even though I'll tell you, how many people are here on item no. 7,would you raise your hands? 1,2,3, item 7, raise your hands, item 7, okay. Item 8, raise your hands, 9, 10, 11, 12, 13, 14, 15, I think most people here, anybody here on item 16, 17, I think you'll find the majority of the people are here on item no. 24. How many people are here on item 24? Mr. Lopez, are those your people back there? Well, who are the people back there, Mr. Grassie, could we have somebody go back there and keep peace? ... I guess that did it. Alright, we're on item no. 24, which is the resolution amending Resolution 78-620 by reducing the allocation for the Coconut Grove Family Clinic from $100,000 to $10,000 approving the allocation of Federal Revenue Sharing Funds for December,78 through September 30, 1979 for continued funding of the five additional Social Service Agencies. City Manager recommends. The five being Douglas Gardens which we've already voted on. The Overtown Recreation Center, Industrial Home for the Blind, First United Methodist Church and the Puerto Rican Opportunity Center, and I would like to recommend that the Puerto Rican Opportunity Center be brought up to the $22,916 which they were funded for last year. This is the same amount, no? Well, what was the amount that was funded last year? Would somebody clear up the confusion? Mr. Bond? Those people in the back we're going to have to move you out or you can come in or you can go out, but if you want to talk please go outside, alright. Mr. Bond: Puerto Rican Opportunity Center was funded for $27,500 last year. Mayor Ferre: That's right. Mr. Bond: They have received $4,584 thus far this year for a balance of $22,916. Mayor Ferre: Okay, that's understood, alright, With that excepting and the Douglas Garden that we've already voted on, I'm ready to vote. Any further discussion on this item? Rev. Gibson: Mr. Mayor... Mayor Ferre; Father Gibson, 57 NOV 9 .1978 tev. Gibson: ...I have one reservation the money that you're going to get from Coconut Grove Clinic will be had after that Task Force Committee agrees to that transfer, is that not right? Mr. Bond: I'm sorry I didn't get the first part of the question, sit. Rev. Gibson: Well, you proposed to give the Coconut Grove Family Clinic $90,000 fret: source other than this? Mr. Bond: Yes, sir. Rev. Gibson: Alright. Have you already obtained that approval, you know, yeu? go through that committee jazz and then they vote and then you all go through the do , have you done that? M_. Bond: I understand sir, that there is no probletn getting the money. Rev. Gibson: I didn't ask that. Mr. Bond: I have not done it, no,sir. Rev. Gibson: Well, let me say... Mr. Bond: It is my understanding that it has been done by the... Rev. Gibson: ... Mr. Manager, "Beware of Athenians bearing wreaths." ( repeat Let me say this, I have no objection providing when we vote today if 1 aon't get that money from where you say we going get it you gwine put this $90,000 back. Okay? Now, tell me what to do. Mr. Grassie: Well... Rev. Gibson: You see, because I believe that when you come and moving this money around you ought to tell me, you know, you got your ducks in a row, knowing these committees as I do man, ... Mr. Grassie: Commissioner, we sympathize with the City Commission's desire to try to accommodate everybody and we're trying to develop a financial plan which will get the money, but simply deciding that you want to do it gets us in some very difficult positions.Now we're trying to work out each one of these transfers as we can. We anticipate that there's going to be no difficulty with the community in terms of supporting the Coconut Grove Clinic that's the indication that we have preliminarily now that is not the same as our being able to control every decision from that group but we are going to do the best we can to get that money. Now, if we run into a problem we'll simply have to come back and tell you what the problem is and we'll have to try again, but you know, ... Rev. Gibson: Mr. Manager... Mr. Grassie: ... you're indicating what you want us to done and if we have some difficulty we have to get back question of ... do we're trying to get it to you. It is not a Rev. Gibson: Look, you all didn't hear me, I said I have no objection, providing you understand that if you don't get that money from where you say you're going to get the money, man, you gwine give me this $90.000 right from here, you understand what I mean? I want you to go ahead an do your do. Mr. Grassie: Commissioner, it was our proposal that it come from this source to begin with, you know, we're only changing it because the City Commission asked us to, okay? Rev. Gibson: Look, a bird in the hand is worth two in the bushes, you understand, Mr. Grassie: Yes. Rev. Gibson: ... go do your do but just remember that if I don't have my $90,000 I's expect to get it. That's all I'm saying. Mr. Grassie: We need to understand that you're because we had your money there to begin with. Rev. Gibson: Alright, my fellow Commissioners, three others, you heard me. 58 addressing y VT' fellow Commissioners the four of us hate, I'm one NOV 9 1978 Mtas Gordon: We hear you loud and cleat. Rev. Gibson: Okay, loud and clear, Mayor Ferre: Further discussion? Will, It3se Mr. Reboso: I made it. Mayor Ferre: Ok. Reboso made the motion, Gibsott seconds the motitith tutther discussion as amended and as noted. Mr. Ongie: Mr. Mayor, I'm not sure what the motion is, is it item 24, about funding the Puerto Rican Opportunity? Mayor Ferre: No, no, no, Douglas Gardens $105,000... Mr. Grassie: No, Mr. Mayor, just so that the City Commission is clear on what it is that you're doing, there is not $105,000 in there for Douglas Gardens what is in there for Douglas Gardens is $78,000. Mayor Ferre: Okay. Mr. Grassie: Okay. Mayor Ferre: The difference of $27,500 will come from other sources,`' Mr. Bond: Yes. 4' Mayor Ferre: And, the difference between the $12,000 for the Puerto Opportunity Center and $22,916 will come from other sources. Mr.. Bond: No, sir. Mayor Ferre: Okay, I stand corrected. Mr. Bond: That's in here now. Mr. Grassie: And, what we have done so we all understand is in the case of`. PROC we have cut the Administrative cost in half and taken that money out of the Administration and put it in PROC. Mayor Ferre: Well, I assume... Mr. Grassie: There is not enough money, you know, that's all that there's not enough money to take care of Douglas Gardens. Mayor Ferre: I understand but I assume that it is very clear. Mrs. Gordon: We understand. Mayor Ferre: ... that it is this Commission's intention that we find $27,500 dollars to supplement the Douglas Gardens project to come up to a total of $105,000 on a yearly basis. Mr. Grassie: Yes, and we have seven months to do that which is the amount o time which the $78,000 will last. Mayor Ferre: I got you. Father Gibson? Rev. Gibson: And that you're going to give me $10,000 in this number 24 Mr. Grassie: That is correct. Rev. Gibson: And that in the event you don't find that $90,000 where you say you're going to find it I's to get it right here. Mrs. Gordon: I think there's a slight misunderstanding on the part of manager Mr. Mayor, he thinks that he's going to have seven months to decide where he's going to find it and we said that isn't the case. We said, this program should be kept in existence for the full funding for the entire year and that funds be allocated now so there'd be no problem worrying about for seven months. You know, I can tell you one thing we pulled the belt in a little bit tighter on a few expenditures that we don't have to make and we'll find twenty some thousand dollars very easily. 59 NOV 9 1978 usaw MIMINiet • Maw MINO Mayot Fette: Rose, 1`m absolutely certain that the Managet and staff ate going to comply with a unanimous Commission request, okay. Mrs. Gordon: I know. I understand, okay. Mayor Ferre: Further discussion. Call the toll. The following resolution was introduced by Vice Mayor Reboso, Who moved its adoption. RESOLUTION NO. 78-707 A RESOLUTION AMENDING $1 OF RESOLUTION NO. 78-620; BY REDUCING THE ALLOCATION FOR COCONUT GROVE FAMILY CLINIC FROM $100,000 TO $10,000, AND ALSO APPROVING THE ALLOCATION OF UNITED STATES FEDERAL RESERVE SHARING FUNDS FOR THE PERIOD COMMENCING DECEMBER 1, 1978 THROUGH SEPTEMBER 30, 1979, FOR CONTINUED FUNDING OF FIVE ADDITIONAL SERVICE AGENCIES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner (Rev.) Gibson, the resolution was passed and adopted by the following vote: AYES: Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. 30. DECLARE VACANT THE POSITION HELD BY ISIDRO C. BORJA ON THE PLANNING ADVISORY BOARD DUE TO DISCONTINUED CITY RESIDENCY; EXPRESS APPRECIATION FOR PAST SERVICES. Mayor Ferre: We're now on item no. 7 which is a public hearing... what is that? For what... alright, a motion by Rose Gordon. I think Father Gibson seconded, a resolution decaring vacant the position a member of the City of Miami Planning Board held by Isidro C.3orja,dueto the discontinuation of his residency within the City; and further recognizing with gratitude and appreciation the valuable services performed by said Isidro C. Borja as a member of the City of Miami Planning Advisory Board. Further discussion. Mrs. Gordon: (INAUDIBLE BACKGROUND COMMENT) Rev. Gibson: I hope this Mayor this carries with it a letter of appreciation. Mayor Ferre: Oh, I think so, and I personally will write him. Rev. Gibson: I hope signed by the Mayor and the Manager. Mayor Ferre: Alright, call the roll, please. The following resolution was introduced by Commissioner Gordon, its adoption. RESOLUTION NO. 78-708 who moved A RESOLUTION DECLARING VACANT THE POSITION OF MEMBER OF THE CITY OF MIAMI PLANNING ADVISORY BOARD, HELD BY ISIDRO C. BORJA, DUE TO DISCONTINUATION OF HIS RESIDENCY WITHIN THE CITY; AND FURTHER RECOGNIZING WITH GRATITUDE AND APPRECIATION THE VALUABLE SERVICES PERFORMED BY SAID ISIDA C. BORJA AS A MEMBER OF THE CITY OF MIAMI PLANNING ADVISORY BOARD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). 60 tor NOV 9 1978 ■ 1Jpoti being seconded by Commissioner (Rev,) Gibson; the resolution has passed Abd adopted by the following vote: At§. Commissioner hose Gordon Commissioner (Rev.) Theodore R. Gibson Vice Mayor Manoto Reboso Mayor Maurice A, Ferre NOES: None. ABSENT: Commissioner J. T„ Plummer, Jr. 9 31. PUBLIC HEARING - CONFIRM ORDERING RESOLUTION 78-610 AND AUTHORIZE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR PINES SANITARY SEWER IMPROVEMENT SR-5450-C. Mayor Ferre: Now, we're on item no. 7, which is a public hearing objections to confirming ordering Resolution No. 78-610 and authorizing the City Clerk to advertise for sealed bids, are there any objectors to that present? Mrs. Gordon: Which one are you on now? Mayor Ferre: Item 7. Alright, how many people would like to speak on this? Yes, sir, and ma'am I will recognize you in a moment. Any other speakers, 2. Alright, sir. Mr. Kosmeder: Good afternoon Commissioners, Rose Gordon, Theodore Gibson, Mayor Ferre, Manolo Reboso. My name is Ben Kosmeder, I live at 2920 S.W. 23rd Street. I don't represent organization, any business or any club. I'm here on behalf of a lot of the people in the neighborhood of where the Pines Sanitary Sewer Improvement is supposed to go in. I'm here to object to it from one point. There are a lot of people in this neighborhood that areonfixed incomes, there are a lot of people in this neighborhood that don't make a lot of money and they feel that they cannot afford this kind of money for installation of these sewers at this time. Therefore,they asked me if I could come up here and appeal to you people and see what can be done to either let this go for a little while or do something to appease them. Rev. Gibson: Mr. Mayor, I don't know if you know sir, that you could, take the period of about ten years to pay for it. Mayor Ferre: Did you know that? Mr. Kosmeder: How was this? Mayor Ferre: You, you... the City of Miami Commission, would you explain that, Vince? Mr. Grimm: The City allows that any assessment that you receive be paid over a 10-year period at 5% simple interest so that whatever total cost there is to you for the sewer you may divide in those 10 equal payments. Mayor Ferre: In other words, if it cost you let's say $300 or $500 dollars instead of paying $500 you could pay $50 plus 5% interest on the balance for a 10-year period. MEMI Mrs. Gordon: Maurice, correct me if I'm wrong Vince, but we didn't also have a stipulation where there was a real financial hardship that the sum could be paid at point and time when the property was sold? Mr. Grimm: It could be paid over a longer period of time Mrs. Gordon, if they presented proper documentation to the City Attorney... Mayor Ferre: For financial hardship. Mrs. Gordon: If there is. Mayor Ferre: So, look, let me explain this to you there isn't one of these $ewer Improvement Projects that doesn't... as a matter-of-fact this is about the least that I've seen I see about 10 people here that are opponents, usually we have 40 or 50, and it's one of these difficult things, you know, nobody likes traffic lights but we have to have them or we'd have chaos. Nobody really wants to have sewerage improvements,except that we need to have it to keep our community clean and 61 NOV 9 1978 ecologically sound otherwise. Now. I'm not an Engineer or a Scientist to tell you whether or not septic tanks work or don't work or what have you but we concluded after a lot of University studies and so on and we have to have Sanitary Sewers in Miami, and therefore, we made it as easy as possible so you can pay for it over a ten year period at 5% simple interest which is half, less than half of what you can get at the bank now. If you have a financial hard- ship we'll even go more than that so you go ahead and make your application. I'm awfully sorry. I'd be surprised if this would be the only one that hasn't passed but in 10-years that I've been sitting here as a Commissioner or as Mayor I can't recall one of these Sewer Improvements that we haven't passed despite a lot of people and you know my heart goes out to you but we just have to do it. Mr. Kosmeder: Well, you see Mayor, here's the thing, if it was just the idea of the cost of the sewer,the installation of the sewers in the street, under the street rather they probablycould feel releived on that but the thing is also it's tie connecting of the sewer from the City to their property that also has them very much upset and that is very high cost. As you know plumbing today is not cheap, and this here is where the buck comes in. It's not so much the installation of the sewer but it's what's going to happen after these sewers have to be installed into the property is where they are up a wall. So you see it's not that part Mayor that bothers us so much as it is once the sewers are in they'd have to be connected to the property, after all it's no sense in having a dead dog out there if you can't keep it alive. Mayor Ferre: I understand. Mr. Kosmeder: See, so this is, it's the connection that's going to money and this is what they're so concerned about. Mayor Ferre: Boy, I'll tell you I wish I had a solution to that. That doesn't improve the connection, does it? Mr. Grimm: No, sir, but if we start today it'll probably be two years before the sewer district is completed, and it's been the policy of this City that we do not force property owners to connect to that sewer unless they have a problem with their septic tank. Mayor Ferre: So what you're talking about is ... see the thing to do is make sure in the next years if your septic tank is nice and nice and everything is ready and then it'll go for another 10-years and then you won't have to worry about it God willing, so keep your... The moral of the story ladies and gentlemen today is make sure that your septic tank is very clean. I wish I could tell you more. Alright. Mr. Kosmeder: This is the only thing ... I can almost say this, my friend over there mentioned the fact that you don't have to connect for a year or two or whatever it is, it's still the idea of having a sleeping dog laying there not being useful if you can't afford it how ... ? Mayor Ferre: I know but we've got to sewer the City of Miami it's just one of these things that we're under mandate you know, the bonds are approved by the people, they vote, we just had a bond election on the sewer bonds that were approved again. Mr. Kosmeder: Yes, I know I realize that. Mayor Ferre: So in other words, the people of Miami want the City sewered and we're just going to have to get it sewered. Mr. Kosmeder: Well, I'll tell you Mayor I've lived there for 30 years and that street has been an eye sore to me for a long time for one reason we haven't had one iota of improvement on that street. We never had cutting put in, we had nothing done to that street and all of a sudden bang we get hit with this sewer project. Mayor Ferre: Have you got street lights in yet, the new lights? Mr. Kosmeder: Ha! Mayor Ferre: No? Mr. Kosmeder; No, sir, We're living out -on the farm, Mayor Ferre; Well, you'll be getting street lights and you'll be getting sewers 62 ptetty Soori. Mr, Kosmedet: Well, let's hope Something happeiiS. Mayor Ferre: Alright, ma'am, would you like to address the Comfbi Sion? Mr. Kosmeder: Okay, thank you. Mrs. Dyer: Mayor Ferre and members of the Commission, Rose Gordon, and so forth, I'm Mrs.Bernie Dyer and I live at 3410 S.W. 24th Street , and I've been in Miami for about 30 years, my late husband was Professor Dyer at the University of Miami. Two years ago, I put in a septic tank so I for one do not want to be connected to the sewers. I've spoken to a number of people in the neighborhood they are not for the sewers either. A friend of mine in another neighborhood where they arc putting in the sewers for two years they've torn up the streets, the dirt is fai:astic, the noise is outrageous, the people in my neighborhood do not want these sew ors and it will be connected every month to the bill. What happens, I want to ask you in the meantime if we sell our houses which so many people are doing today, they're selling these little houses, people are on smallincomes they can't afford to pay their taxes anymore ,these houses are being torn down and duplexes are being put up in my neighborhood,who will pay for the taxes then? Mayor Ferre: Mrs. Dyer, I wish I had a solution. The only thing I can tell you and it's not a consolation is that for those of us that live in the City of Miami we pay less taxes than if you had a similar house in Toledo, Ohio, Detroit,Michigan, Philadelphia, Boston, Cleveland, you name it, St. Louis, Memphis, Los Angeles, San Diego, Denver, Colorado, this is one of the lowest tax communities and states as a matter of fact and the State of Florida is 48 in the nation out of 50 states. I wish we didn't have to pay taxes, I wish that, you know, our taxes didn't go up, but ... I wish we didn't have to put in sewer systems but we do. Mrs. Dyer: I know what you're saying is true about taxes in other parts of the country because I'm originally from New York but I also want to say that this is the lowest paid salaries in the whole country too. When I first came to Florida the salaries were in the proportionate to the cost of living. Today, the salaries are so low and I am speaking for the people that cannot afford these taxes, they have these little houses and they cannot afford it. Mayor Ferre: I wish I could waive a magic wand and solve the problem but I just don't know how to do it. Nobody on this Commission does. Mrs. Dyer: I think that's an important issue to take care of these people that have been here all these years and they are losing these houses because they cannot pay these taxes, sir. Thank you. Mayor Ferre: I wish I could solve your problem. Thank you Mrs. Dyer. Alright, yes, sir. Mr. Doyle: Mr. Mayor and Commissioners... Mayor Ferre: Yes, sir. Mr. Doyle: ... my name is Doyle I live at 3156 S.W. 24th Terrace. What I want to know is if I don't want the sewer do I have to pay that $900 anyway? Mayor Ferre: Mr. Doyle, there are 11,600 people that live in that district. There are 11,600 people that live in that district. Now, under law, law of the State of Florida we cannot do with one person what we don't do with another. The answer to your question is that everybody in that district will have to pay their fair share of it. Now, I wish that you didn't have to pay for it but here's the only thing I can give you consolation. It'll be two years before we get there, two years. In addition, if you keep your septic tank very clean you might be able to get another two or three or four years... Mr. Doyle: I'm talking about the $900.00 your honor. Mayor Ferre: Sir? W. Doyle: I'm talking about the $900.00 regardless of how much it cost me to put this line into my house after they line gets in? Mayor Ferre: You'll have to pay that over a 10 year period if you have a financial hardship you can get longer than that. 63 NOV 9 1978 Doyle: And pay interest? Sayot Ferre: And, pay the $900.00 beef a longer period of tither Mr, Doyle: hardship and pay interest. Mayor Ferre: And pay 5% interest on the balance that you owe, either that of you pay the full amount, like everybody is going to have to do. Mr. Doyle: Another question I'd like to ask, are you to supposed to have a two—thirds vote on the property owners in the district before you can go thrdugh with this? Mayor Ferre: No, sir, it doesn't work that way. Mr,. Doyle: It doesn't? Mayor Ferre: No, sir, that's not the law. Mr. Doyle: Well, I don't know, but where I come from if you want new sidewalks and two-thirds of the property owners on that street didn't want a sidewalk you didn't get it. Now and another thing when their sewer line goes in if I don't connect to the sewer from my house do I have to pay that 99% of the water bill to the Virginia Key Authority? Mr. Grimm: The answer to your question is yes. Mr. Doyle: Why? Mr. Grimm: That's a surcharge that the Water & Sewer Authority places on your water bill for the collection and... Mr. Doyle: But I'm not going to use it. Mr. Grimm: Well, they do not make adjustments because you elect not to use it. Mr. Doyle: I don't see where and why there's any logic in me paying for something that I'm not getting and that I'm using. Can anybody answer me that question? Mayor Ferre: Well, Mr. Grimm? Mr. Doyle: I asked the question, why should I have to pay for the Virginia Key 99% more on my water bill when I'm not using it, I'm using exactly what I have today and I'm paying $8.03 for what? Mr. Grimm: Because that's ... Mr. Doyle: Now, if I don't connect to that sewer after paying the $900 why should I have to pay more on my water bill than I'm paying today when I'm not using the facility? Mr. Grimm: Well, Mr. Doyle the answer to your question is probably not going to be acceptable to you but if you heard my earlier answer I said it was the policy of this City to not force you to connect but there is a law on the books which says that you must connect within 90 days. Now, we just don't enforce it, now that's the'reason you have to pay for the surcharge. You could be required to connect to that sewer, the City does not make you do that until you have a problem with your existing septic tank. Mr. Doyle: Alright. Mayor Ferre: Alright, Mr. Doyle, are there any other questions we can answer for you? Mr. Doyle; Yes. Where the hell is the money coming from? That's the enswer I want. want. Mayor Ferre: Alright, anybody else? Yes, ma'am. Anybody else on item 7 or 8? And then Parker we'll get to you. Is Parker still here? Mr. Grassie: Yes, he is. Mrs, Seymour Lasky: For the record I'm speaking on behalf of Mrs. Mary Feldman, who owns property in that vicinity and she is very eager to see this defeated or not passed, especially in view of the fact that she has a perfect system. 64 NOV 9 1978 Mt; Ongie: tTou1d you give us your name please? Mrs. Lasky: Yes, Mrs. Seymour Lasky, and I was wondering is there a piiss�iiity Em Em that perhaps the City can take part of the -cost or more of the cost or perhaps im the Federal Government in view of the fact that these people ate on very, very is Es low incomes? im EM Mayor Ferre: Alright, Mr. Grimm, you want to answer that? ■ Mr. Grimm: Well, as you know, Mr. Mayor and members of the Commission, this Commission reduced several years ago the percentage of assessment that the property owners pay. It works out that of the total cost of a Sanitary Sewer District the individual property owners pays less than 30% of the cost, 70% of the cost is paid for by taxpayers as a whole and those include people that already have Sanitary Sewers. Mrs. Lasky: Well, it would be very much appreciated if perhaps you can try to problem for these people. Thank you very much. overcome this Mayor Ferre: Alright, Mrs. Lasky. Yes. Yes, ma'am. Ms. Sims: My name is Jean Sims. I'm a widow. I'm 75 years old.; Mayor Ferre: You sure don't look it. Mrs. Gordon: No, you don't. Ms. Sims: I've been in the hospital four times with a heart condition and 4flue and I didn't have enough money to pay the taxes, how am I going to sewers? I didn't have not a one income, not one penny coming in. Mayor Ferre: Ma'am, if you have a financial hardship and Mr. Grimm would you get her name and we'll have somebody from the City visit with you, okay? Ms. Sims: Yes. pay Mayor Ferre: And if you have a financial hardship we will try to work out as well as we can within the law. We have to do it within the law, if we have to extend more than 10 years I'm sure that could be done. Ms. Sims: Well, thank you very much. Mayor Ferre: And, we'll try our very best. Mrs. Gordon: Mr. Grimm, would you... (INAUDIBLE BACKGROUND COMMENTS)... Yes, Mr. Grimm is going to take your address. Mayor Ferre: Yes, yes, see that gentleman over there Mrs. Gordon: The premises, wherever there is you know, public improvements made there is a lien that is placed against the property. Mr. Grimm: Yes, ma'am. Mrs. Gordon: Now, if the people don't have the money to make payments on that lien that lien remains on the property until it's sold. Mr. Grimm: That's exactly right. Mrs. Gordon: So consequently anyone who's you know in that financial position where you can't make the payment nobody is going to take your house away from you but eventually when your house is sold for whatever reason the lien have to be satisfied before the title can be transferred to another party, so I bring this to your attention because some of you can't make that annual payment even that we're discussing. Mayor Ferre: Alright, thank you. Alright, thank you, now at this time is there a motion on item 7? Moved by Father Gibson, is there a second? Seconded by Mrs. Gordon. Further discussion on item 7? Call the roll, please. 65 for NOV 9 1978 E II NI and the following tes.oiutiOt WAS introduced by Commissioner (Rev.) Gi soni d rooted its Adoption, RESOLUTION NO. 78-709 A RESOLUTION CONFIRMING ORDERING RESOLUTION NO, 78-610 AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR THE CONSTRUCTION OF PINES SANITARY SEWER IMPROVEMENT SR-5450-C (CENTERLINE SEWER) IN PINES SANITARY SEWER IMPROVEMENT DISTRICT SR-5450-C (CENTERLINE SEWER), (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gordon, the resolution was passed acid adopted by the following vote: AYES: Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. 32, PUBLIC HEARING - CONFIRM ORDERING RESOLUTION 78-611 AND AUTHORIZE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR PINES SANITARY SE!.IER LMPROVEMENT SR-5450-S. j Mayor Ferre: Rev. Gibson: Mayor Ferre: Mrs. Gordon: On item 8, is there a motion? Move. Moved by Father Gibson. Which one, yes, great, go ahead. Mayor Ferre: There's a second by Mrs. Gordon. Further discussion on item 8. Call the roll. The following resolution was introduced by Commissioner (Rev.) Gibson, who moved its adoption. RESOLUTION NO. 78-710 A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 78-611 AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR THE CONSTRUCTION OF PINES SANITARY SEWER IMPROVEMENT SR-5450-S (SIDELINE SEWER) IN PINES SANITARY SEWER IMPROVEMENT DISTRICT SR-5450-S (SIDELINE SEWER). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gordon, the resolution was passed adopted by the following vote: AYES: Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Vice Mayor Manolo Reboso Mayor Maurice A. Ferre ROES: None. ABSENT: Commissioner J. L. Plummer, Jr. CMrs. Gordon: ... in that design selection team. PERSONAL APPEARANCE OF PARKER THOMPSON AND CHARLES PAWLEY WITH REFERENCE TO PROFESSIONAL STANDARDS FOR SELECTION OF ARCHITECTS FOR PUBLIC BUILDINGS. Mayor Ferre: Alright, we're going to take up Mr. Parker Thompson and Charles. Pawley next and then after that the Community Relations Board, Mr. William Perry and Attorney Philip Gerson on the whole they're all, 10, 11, and 12 are the same. Alright. Mr. Thompson: Thank you Mr. Mayor. My name is Parker Thompson. With me is Charles Pawley, who is President of the South Florida Chapter of the American Itrstititte of Architects. We're here first to compliment the Administration of the City and the City Commission on the design selection process that the City went through in the selection of the architects for the three fire stations a short time ago. That selection process for the first time followed a process which had been strongly recommended to the Administration and the Commission by the American Institute of Architects Local Chapter, and by the Council of Arts & Science, because we are interested in a continuating process of design selection which will insure design excellence of public buildings in the City, We would request the Commission the direct the Administration to develop an ordinance for submission to you which would adopt that policy that was utilized for the three fire stations as a general policy for the City and even to provide for design competitions under certain circumstances. We would ask that the Selection Committee that would be utilized not be limited to City Employees but draw from the architects of the community and interested lay persons as well, but we would ask the Commission to request the Administration to adopt such an ordinance. Mrs. Gordon: I would so move. I think it's a great idea. Mayor Ferre: Alright, Mrs. Gordon moves, is there a second?(repeat) This is item no. 9 that Mr. Parker Thompson and Mr. Pawley presented, they're recommending that we institutionalize the procedure that was previously followed in the selection of architects and that we request the Manager to come up with a proper ordinance which we would of course have to hold a public meeting and discuss at that time. Mrs. Gordon: The inclusion in that was persons of outside interest and the City Administration ... Mr. Thompson: Yes. Mayor Ferre: Alright, we have a motion, is there a second? Mr. Pawley: It might be that we've gone it over it a I would ask to explain further is that... Little quickly, only thing Mayor Ferre: Why don't you explain the procedure one more time because I think that might be...? Mr. Pawley: Very quickly, in the past there have been variations in the advertising to interested Architects and everyone wasn't getting the message and there have been other changes in the policy. What we're trying to do and we work very hard with the City Manager and he's been extremely cooperative of setting down some rules for the selection process where all the professionals in the community would understand what was required of them and what they were supposed to do and the City would establish that and then give it to you so that it could be passed as an ordinance and that's what we're asking to have done. Mayor Ferre: In other words, Mr. Pawley, we're not passing anything today. All we're actually asking for the Manager to come back with a procedure that we would of course, discuss and debate at the proper time and hopefully so that there would be a set pattern so that hopefully in the future we could follow the same successful pattern that was followed with these three fire stations that were so successfully done. Mr. Pawley: That's correct, exactly. Mayor Ferre: Alright, there's a second now on the motion. NOV 9 1978 Mts. Gotdot: Isn't it also that you'te tecoinmending that it be not only staff but that other patties be brought into the selection? Mr. Pawley: That's correct, but that would be something that you would be able t, review when the City Manager submits that to you. Mayor Ferre: Does the County do that? Mr. Pawley: Yes, they do. Mayor Ferre: So the procedure that you're askhg us basically to adopt is sip to what the County does? Mr. Pawley: Very similar to the County. Maybr Ferre: Is that correct? Mr. Pawley: That's correct. Mayor Ferre: But that's something that we're not deciding today, the Manager Could come back. Mr. Pawley: That's correct. Mayor Ferre: Alright, we have a motion and a second, is there further discussion? Alright, call the roll. The following motion was introduced by Commissioner Gordon, who moved its adoption. MOTION NO. 78-711 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO PROCEED TO DEVELOP SUGGESTED PROFESSIONAL STANDARDS AND PROCEDURES REGARDING SELECTION OF ARCHITECTS FOR PUBLIC BUILDINGS AND TO MAKE SUCH RECOMMENDATIONS TO THE CITY COMMISSION. Upon being seconded by Commissioner (Rev.) Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner Rose Gordon Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. • 34. PERSONAL APPEARANCE OF WILLIAM R. PERRY, JR., GREATER MIAMI BRANCH OF NAACP - PROPOSED CIVIL SERVICE RULE CHANGES & RELATED CONCERNS. Mayor Ferre: Now, Mr. Perry we re on Civil Service Rules Change. I also see Francena Thomas here and our distinguished former colleague, Athalie Range, and other members. I saw T.Willard Fair a little while ago, I don't know whether he's still here. Alright. Mr. Perry, Jr.: Thank you Mr. Mayor. Good afternoon elected officials and appointed officials. My name is William R. Perry, Jr., I reside at 12601 N.W.27th Avenue, Miami, Florida. I appear before you today as President of the Greater Miami Branch of N.A.A.C.P. I am sure that you are all aware of the long tradition over half a century of the N.A.A.C.P.'s involvement in the struggle to assure that the civil rights of all citizens are protected and maintained. I come before you to further that tradition. It is my fervent desire to maintain the tradition of of those who have gone before me such as, Dubois, White, Mitchell, Thurgood Marshall, our own Father Gibson, and many others who have given countless years and made many sacrifices to advance the cause of humankind. My specific concern today relates to the proposed Civil Service Rule Changes. This august body has the authority and I would like to hope the commitment to do what the City agreed to do under the r. 68 NOV n 1918 consent decree and Chet `ms a Commitment to hire and promote minorities to etq,-tteatn, the oppreastva. + romotianal procedures cnrrently impacting rail city employees, As I have eireatned data in the area of affirmative action as it relates to the City of Miami I have grave cooces-Qs. X believe that the present cunditiDn5 under 'yhic.11 persons are ic1..ttified ¶nsI aelecteii for promotion tends to E_xclude mtnnei.ty participation in the process. Tt is my belief that in order_ for the City to make advances in th!.s area eowpensatory measures will have to be taken. It is ay understandtag that the changes proposed have been before the Civil Service Board and a subsequent public hearing was held and approved by a 3/2 vote by the Ctvil Service Board. The ball now rebts in the court of you, the Commissioners. I think the time has come that this body correct some of the evils And disparities of the past by taking this ordinance from the table and adopting it With the approval of this ordinance I envision persons in positions of authority having a wider degree of flexibility in selecting candidates promotion. This flexibility will provide for promotions out of sequence a case in pointconceivably it will allow the upper echelons of our Police Department to reflect the multi— ethnic composition of our City. Additionally, it will enable the top three minorities on the promotional list to be included with the top five on that same list and enable the person snaking the selection to select from the top eight candidates rather than the top five. This change will also make it legal for City officials to promote minorities and/or women. The proposed changes shall enable more simplified procedures for writing job requirements, they will also eliminate artificial barriers which have served to exclude minorities from upward mobility. In summary, I'm here to state that the Greater Miami Branch of N.A.A.C.P. fully endorses and supports the proposed Civil Service Rule Changes and strongly urges you individually and collectively as our elected officials to adopt the ordinance as approved by the Civil Service Board.On behalf of our membership I thank you in advance for taking this positive action. Mayor Ferre: Alright, Mr. Perry, thank you very much_ At this time Mrs. Range, would you like to address the Commission, I think on the same subject? (SPEAKING WITHOUT THE MICROPHONE) 35. PERSONAL APPERANCE OF ATTORNEY PHILIP M. GERSON CONCERNING SGT. HOMER LANIER f THE PROPOSED REVISED CIVIL SERVICE RULE CHANGES. Mayor Ferre: Alright, we have Attorney Philip Gerson, who wishes to address the Commission on this, go ahead. 46 Atty. Gerson: Mr. Mayor, and members of the Commission, my name is Philip Gerson and I represent Miami Police Sergeant Homer Lanier. I'm here today to speak on his behalf and also in behalf of the Proposed Civil Service Amendment. Sgt. Lanier has held the position of Sergeant with the Miami Police Department for approximately five years on the most recent eligibility promotion list of the position of Lieutenant or Captain Mr. Lanier had successful passed the examination and was the only minority member on the list. On his behalf I petitioned the City Manager's Office through the Director of Human Resources, Robert Krause and requested that Mr. Lanier be given special consideration in view of the consent decree, and in view of the fact that he was the only qualified minority member. This request was denied and thereafter I scheduled a meeting with the City Attorney and with Mr. Krause at that time we discussed the promotions that were made from the most recent list and we learned that of all the promotions that were made not one went to a Black of I think it was nine promotions, the promotions were divided up amongst other minorities, particularly women and latins. I also learned of interest at time that the City felt that it was complying with the consent decree which of course, requires 56% promotions from minority groups. By making promotions to the sergeant level no minority member has been promoted beyond the sergeant level pursuant to the consent decree. The effect of this is to create a white management level in the Police Department and a Black working class level in the Police Department. This perpetuates segregration that flies directly into the face of the intentand the spirit of the consent decree. In a statistical sense the City is technical in compliance with the consent decree because it has promoted minority members to the level of sergeant but not above. This statistical manipulation as I will call it reminds me of a report I read some years ago that appeared in Probda, the Soviet newspaper and they reported a track meet that took place between the United States and the Soviet Union, the United States won and the Soviets lost. When the news was printed in Probda that it was reported that tie United States had finished second and the the Soviets had finished next to last. What the City of Miami is doing in its hiring policies is tantamounts of this type of statistical manipulation because no minority members have been promoted pursuant to the consent decree beyond the level of sergeant. Now, I have also investigated N O'i 1978 69 Mt, tarsier's background. I have investigated Mr. Lanier's relationship with his department andthe feeling of his superiors about him. The reports that I have received are unanimously in favor of Mr. Lanier that he has not only qualified but has an exemplary record and is held in the highest esteem by both his colleagues and his superiors. Therefore I urge this Commission to pass a Resolution calling for the promotion of Mr. Lanier as the only qualified minority member who is eligible for promotion to the position of Lieutenant or Captain, and I also am here to endorse the Proposed Civil Service Amendments, particularly, Section VIII, which gives discretion to the Director of Human Resources to add up to three names of minority members whenever promotions are to be considered. It seems from my discussions with the City Attorney and with the Director of Human Resources that they feel that they do not have enough flexibility under the present rules to go beyond the specific letter of the consent decree in order to fully implement its objectives and make them part of the policy of the City of Miami. By passing these Proposed Civil Service Rule Amendments the Director of Hwuz,n Relations and the Chief of Police will have the flexibility to fulfill the spirit and the letter of the consent decree and to facilitate this Affirmative Action Program and achieve the overall objective of a cross section of society throughout the police force. Now, the City of Miami has historically been slow and regressive in affirmative action in promoting Blacks. It took action by the Justice Department and the Federal Court to compel the City to make any changes at all several years ago and now again with this statistical manipulation the City has in effect put a ceiling on the level to which a Black Police Officer can rise. There have been promotions I agree to the level of sergeant, but with one notable exception no Black has ever gone beyond that position in the City under the present Civil Service Rules has either been unable or unwilling to fully implement the intention of the consent decree and bring Blacks according to their percentage of the makeup of the community into positions of leadership in the Police Department. Accordingly, I personally on behalf of myself and my client strongly urge you to pass a Resolution calling for the promotion of Mr. Lanier and further for the passage of the Civil Service Amendments. Mayor Ferre: Now, Counselor, with regards to your latter request I think. this Commission could probably if it so desired pass a Resolution that would so state, except that I think Mr. Knox, we're under some kind of an agreement that somehow it rest before the Federal Court and we're not going to move until Judge Eaton makes a decision on that, is that correct? Let's get that straight so we'll all know what it is. Is Mr. Perry still here? Mr. Knox: Alright,sir, with respect to the Proposed Amendments to the Civil Service Rules and Regulations there was an agreement between the City made by the Law Depart- ment and the Firefighters Collective Bargaining Unit that the question of whether or not these proposed changes do indeed conform to the Federal Court order regarding our affirmative action policies be given to the Federal Court to make that determination. f At this point and history I'm advised that the Judge has received all of the pleading:• and briefs from the Firefighters Union and from the City with respect to that has not yet made a determination and he did not project the date on which he would make such a determination. Mayor Ferre: Now, that was a procedural matter that on the advise and I want to say this very carefully, on the advise of George Knox, our City Attorney and the indirect advise of Squire Padgett of the Justice Department, is that a proper way of phrasing it or am I going to get into trouble by putting it that way? Mr. Knox: That's accurate. Mayor Ferre: Alright. Squire Padgett, and I personally discussed this with Squire Padgett of the Justice Department thought that it would be wiser on the City's part to approach it in this way. Now, the City Fire Union concurred and that's the way it's been left, it now is in Judge Eaton's hands. Once Judge Eaton makes a ruling on that then I think the City Commission will take a posture. I will be and I'm happy to go on record as I have in the past that I totally 100% support the Proposed Changes. I identify myself closely as an instigator in those changes for the last three years, it's been a long, long time. I personally went up to Washington to speak with the Justice Department. I'm sure it is no secret and it was no coincidence that the Justice Department chose Miami as one of the cities to investigate that was at the request of the Mayor of Miami and I was told at that time that this is the first time that a Mayor of any city on record has ever gone up to the Justice Department to request an investigation of his own city. I am the culprit. I have said it repeatedly. I'm sure everybody is aware of it, there's no secret to that. When I served on the Civil Rights State Advisory Board of the State of Florida, at that time, Ted Nichols from this community as you all know also wanted to investigate other matters and I insisted as a member and fortunately they subsequently followed my advise that they concentrate /0 NOV 9 1978 on the question of upward mobility and race. relations in the City of Miami Police Department that was 31/2, 4 years ago, so my record is perfectly clear as to where. I stand on this and I just want to go on record once wore into this microphone and to you that are here with concern that you hive any total support and when it comes time to vote I can't speak for anybody else but this vote is solid for those Civil Service Changes. Atty. Gerson: Mr. Mayor, .If I might address myself to those comments, the point may be well taken that receiving the approval of the Federal Court prior to passing the Civil Service Amendments could justify some further delay. Mayor Ferre: No, no, you miss the point. Let me see if I can synthesize it very quickly again. We are now bound by an agreement made by Mr. Knox, our City Attorney and the Firefighters Union that the City of Miami will not vote on this issue until, until that matter Is resolved by Judge Eaton, the thought being that it was going to end up with Judge Eaton anyway and that we thought that this was the wisest approach to take. I think it's a matter of very short time now and this thing will be up before this Commission for a vote. Now, Mr. Perry, with regards to your request regarding your client, let me say that, I mean Mr. Gerson, I beg your pardon Mr. Perry. Mr. Gerson, it's been a long day. I just got off the plane from Europe just a day ago, so I still have jet lag. . ... Now, Mr. Gerson, with regard to your petition for Sgt. Lanier. Sgt. Lanier, I'm sure is a highly qualified individual I cannot speak for or against him because the Charter of the City of Miami rules that probability out. I cannot, that is strictly and George you stop me if I say something wrong, that is strictly a matter of the Administration. I cannot... now,the Manager can overrule what the Police Chief has done, but I can't. Atty. Gerson: Well, based on the facts... Mayor Ferre: You address your comments to that man over there. Atty. Gerson: ... well, based on the facts that I've presented I feel that my request has given this Commission an opportunity to take a step forward and demonstrate some leadership on a voluntary basis to implement the objectives that are outlined in the consent decree rather than await prodding from the Justice Department at a later time. I therefore request that someone on the Commission propose a Resolution at this time that Mr. Lanier be promoted. Thank you for your attention. Mayor Ferre: Counselor, I just want to make sure you understand that what you're asking is against the Charter. In other words, for anybody on this Commission to make that Resolution would be a direct violation of the Charter and you would be subjected to be removed from this Commission. Am I wrong in that George? lMr. Knox: The Charter provides that the City Commission is precluded from encroaching upon those matters which are within the jurisdiction of the City Manager and further provides that upon conviction the individual Commissioner would be convicted of a second degree misdemeanor. Mayor Ferre: That's what you're requesting us to do. Atty. Gerson: I withdraw my request to the Commission and redirect my request to City Manager Grassie, there is as you may be aware of litigation pending on this subject matter and this would have the collateral benefit of saving the City's time and effort in defending those law suits. Mayor Ferre: Alright, thank you very much. 36. DADE COUNTY COMMUNITY RELATIONS BOARD REGARDING PROPOSED REVISED CIVIL SERVICE RULE CHANGES. Mayor Ferre; At this, time. we will now hear from, let's see. Joe. Murphy, I saw him a little while ago, Joe are you still here? Mr, Joseph Murphy and Mrs.. Francena Thomas who are here on behalf of the Community Relations Board and Mrs.. Range is here in support of that. Mr. Murphy: Mayor Ferre and Mrs. Gordon and members of the Commission. My name. is Joe Murphy. I'm an Attorney. I live at 701 Alcazar Ave., Coral Gables. Mayor Ferre I'm mindful of what you just said, apparently we weren't informed that your City Attorney had made this agreement with the Firefighters and I'm being told that now. 71 NOV 9 1978 Mr, Kaplan has told me that. Apparently, our organization was not told of this though and that's why we're here today in support of the change. As a member of the Dade County Community Relations Board and a member of the Executive Committee, 1 was requested by the Executive Committee along with Mrs. Francena Thomas and Rolando Aiador to represent Community Relations Board before you. I'm here to speak on the issue of equal opportunity for minorities and women in the City of Miami and most specifically your tabled proposed Civi]. Service Rule Changes. a forcer Mayor of Coral Gables, I appreciate the concern the City Commission has as to whether or not these proposed revisions to your Civil Service Rules would negate the purpose of why you have a Civil Service System as well as I appreciate the interest you have to pursue the objectives of the Federal Civil Rights laws and City of Miami Consent Decree upon which these proposed revisions are based. Since the Community Relations Board was formed in 1963 it has been active in cooperating with the City of Miami and its officials to further Community Relations, One issue that we believe has a great impact on Community Relations in your city is the issue of equal opportunity and affirmative action. This issue impacts upon the City of Miami as we know because of its present triethnic makeup and because of its history. We all know that the City of Miami,as well Coral Gables was birthed as a southern town with the traditions, norms and laws of the old south. We all know that this past history was one of racial disegregation and discrimination. We do not need to relate how this past affected Blacks in relation to representation and participation and politics to the residential areas in our City and their employment. We also know that in the past Miami as all other cities and institutions in the United States practiced discrimination against women, including discrimination in employment because this was part our culturel . The City of Miami was and is the primary city in this nation to receive the influx of Cuban refugees from the 60's until the present, but Miami has always had large populations of other Hispanic groups such as, Puerto Ricans, Columbians, and others. Hispanics we know, as well as Blacks and women are part of the affected classes under the Civil Rights Act, who are to be protected under the equal opportunity laws. Even before the Federal Civil Rights Act was passed the City of Miami, with the cooperation of the Dade County Community Relations Board began to seek ways to foster mutual understanding among all groups and began to tear down segregation laws and practices. It ended the all Black Police District and began intergration Black Police Officers as equals. You were the first southern city to elect a Black to the City Commission, and you have since elected women to the City Commission. The triethnic composition of your present City Commission is fairly representative of the community. We now share the concern that although racial attitudes, prejudices and any other direct discriminatory intent are on their way of ending forever the systems of government that we have instituted to carry out our functions still appear to maintain the results of past discrimination. If one looks at the employment of the City of Miami and all of its departments at all levels and positions that triethnic representation that we observe and praise in your Commission is not always present. The Community Relations Board believes that the Civil Service System maintains today the disadvantages to minorities and women previously noted. The Community Relations Board however, as you do support, the purpose of the Civil Service System. We believe that the purpose of the Civil Service System is to provide the best qualified workforce for the City of Miami based upon merit and without nepotism.We understand the history of the State of Florida and of Greater Miami and its climate of rapid growth. The Civil Service System should be changed and its rules and regulations remedied to reflect that growth and today's realities rather than yesterday's traditions. The Community Relations Board was first involved in the circumstances that came out of the Cohen Consent Decree and played a role in forestalling a counter suit by some Hispanic Police Officers who did not know that the Cohen Consent Decree was to benefit other minorities in addition to Black Police Officers consent. Since 1973, we have advised you that we are continuing to monitor your development of affirmative action to assure equal opportunity for all minorities and women and the CRB Affirmative Action Committee in January, 1978, sent a letter to Mr. Grassie, City Manager supporting his efforts. This past October the Dade County Community Relations Board had a form on the question of the employment of minorities and women in the City of Miami. The speakers included Mr. Robert Krause, Director of Human Resources, Atty. Squire Padgett, Department of Justice Civil Rights Division and Mr. Ted Nichols, Chairperson, Florida Advisory Committee and the Civil Rights Commission. Among the many auditors we invited included Mr. Donald March, President of the Local Fraternal Order of Police, and Mr. Bokosky , of the Equal Employment Opportunity Commission. After due discussion at the forum the Executive Committee of the Community Relations Board now recommends that the City of Miami Commission brings from the table the Proposed Ordinance amending the Civil Service Rules and that you adopt as presented. Let us remark the significance of some of the proposed rules Section VIII which replaces the principle of the rule of one in hiring and promotion practices. The rule of one in general determines that the Civil Service Board will only certify from eligibility registers for each vacancy for hiring and for promotions the name and examination grade of the person who scores the highest. It is our understanding that under the proposed new rule there will be a procedure whereby the top five highest ranking candidates scoring N O V 9 1978 On an examination would be certified but if minorities and women are insufficient in number in these first five candidates the three highest scoring minority persons and women from the eligibility register would also be certified to meet your affirmative action goals. The Community Relations Board believes that change will not negate quality as the persons need to successfully pass the exam in the first place and at the same ti.tne addresses the need of minorities and the goals of affirmative action, and failure to adopt this Revised Rule VIII will mean continued dissipation of City of Miami funds in defending actions with United States Justice Department in relation to the City of Miami Consent Decree,as well as, threaten all other Federal Grants and Aid Programs. Community Relations Board believes that in spite of our position by Employee Organizations the City of Miami must adopt these rules uo that equal process may began to educate all groups of their responsibi].ites under the federal laws and further the promotion of Civil Rights as a toot for improving community relations. Now, Mr. Mayor, we, I've already mentioned and you have too, Francena Thomas is here with me with others. I would like, to ask Mrs. Thomas to make a few remarks. Mayor Ferre: Thank you very much Mr. Murphy and I want to congratulate you for a very precise and well thought out statement. That's a very fine statement. Mrs. Thomas? Mrs. Thomas: Good afternoon Mr. Mayor and fellow Commissioners, did I say fellow Commissioners? Commissioners and other staffees. I would like to say that if there other members of the agencies who were here, who are with us in our earlier meeting if they would like to address you first, I would prefer that and I will make comments. Mayor Ferre: Alright, is there anybody else that is here that would like to speak to the question of the Civil Service Rule Changes? Mr. Lopez? Mr. Lopez: My name is Emilio Lopez, and I was a member of this group that got together to request from you to take out table the Proposed Rules. As a member of a minority group probably one of the minority groups that are most affected from your hiring practices I would like to inform you that we and I'm not speaking for all the members of the Puerto Rican Community but as a member of the Puerto Rican Community we support the step that the Community Relations Board is taking and we request from you that please to move the changes are being requested from you. I also by listening now of some of the things that were said I can see that due to fact that there are some legal implications that we ask the lawyer of the City of Miami to maybe to give us if you cannot do it, to give us some guidance if we should go in front of the Judge, Federal Judge, whoever is necessary, to go in a group, to go in front of Judge Adkins ... Mayor Ferre: Eaton. 41116. Mr. Lopez: ... Eaton, Judge Eaton to see if he can move so you can act on this rule. For myself I read all the rules I think that the changes are necessary but in my personal opinion I feel that they're not going far enough but it's the best we can do and I go along with the rest of the group and I ask you to please take the step necessary to move these changes. Thank you. Mayor Ferre: Alright, Mr. Lopez. Are there any other speakers? Alright, at this time Francena, Joe? Mr. Kaplan: (SPEAKING WITHOUT THE MICROPHONE) Mayor Ferre: Mr. Kaplan, you're entitled to... you know, this is not a public hearing, but this is a request from the Community Relations Board and from the NAACP to address this Commission on the subject of the proposed Civil Service Rule Changes, if you wish to speak to that you're perfectly, the chair would be happy to recognize you. Mr. Kaplan: ... (NOT SPEAKING ON THE MICROPHONE) ... statement earlier ... to the City and the Firefighters Union, I'll defer remarks until public hearing. Mayor Ferre: Mr. Kaplan: Mayor Ferre: That's fine. At this time I'll make my remarks about the rule. That's fine, very good. Alright, Mrs. Thomas. Mrs, Thomas: First of all, let me open my remarks by saying, oh, I'm Francena Thomas, my address is 1499 N.W. 74th Street. I'm a professional with the Affirmative Action Outlet Firm at the University and a members of the Dade County Community Relations /3 NOV 9 1978 Eoatd. Let use say that I would like to commend this Commission on its willingness to continue to deal with these thorny, difficult issues, these controversial, un- popular issues that must be decided, that must be addressed. Often we find our public officials will take cover when these kinds of issues come forth to be discussed. I would like to say that it is a joy to come before a Board that's still willing to deal W_th it in spite of, the problems that accompany trying to make decisions. You must become solomonic if it were in trying to walk this staff of equality for all in justice for none. I was also requested to appear before you with Joe Murphy to represent the Community Relations Board. May I reiterate a request that you bring from the table the proposed ordinance revision of the Civil Service Rules that you may adopt them as presented. I understand what you have said but we'd like to present this as food for thought as you go through this process. I indicated to you that I'm a professional Affirmative Action Officer. I saw that so as to offer my prospective and my interpretation as I observe the struggle of this community and other communities are enduring in trying to cope with Affirmative Action in achieving equal opportunity for all of its citizens. Last Tuesday I was at a meeting held at the Community Relations Board, it was a meeting with certain community representatives to explain the proposed Civil Service Rule Changes so the CRB would have their support in our request to you to adopt the proposed changes. What's interesting is that the total discussion pointed out , pointed not to the specific of the proposed Civil Service Rule Changes and their meaning, but rather to the opportunity for the effected groups or the non -opportunities it was to have participated in the process, the planning and development of proposed Civil Service Rule Changes. They thus raised a similar concern to the one expressed on October 4th. During the preliminary meeting there were many agency representatives and civic leaders evaluated the proposed changes, I'm sorry, where they did this. The feeling was obvious for a request that community representatives be involved in the deliberating process and not merely invited until you actually complete document that maybe the product of one individual it's essential that every proposed reflect the complex interest of our triethnic bi-lingual community. That could be obtained only through the actual participation of those who are not just sympathies but deeply acquainted with the needs of our multi- comunity groups. The Community Relations Board by its own composition and nature could be the vehicles that bring these deverse opinions to the conference table. I think as persons who have sat in decision -making chairs for a long time when you have an issue to bring before a body it is much easier if you hove gotten some feel for what the action is going to be what people are going to think or say as we thought of what you bring before the Board. You touch basic with those that may have an interest or be affected by your decision and in so doing you bring forth concensus and I think that this is what we are saying did not occur in the creation of these rules, however, I place all these allegations of lack of participation as attributal to the anxieties and fears flowing from this year of 78 the year of BAKKE. When last year the United States Supreme Court decided that they would hear the Bakke Case and begin to receive friend of the court briefs and hear oral arguments. The chilling affect shriveled the process in affirmative action and equal opportunity and human understanding as well. White males say promise in the Bakke Case, a validation of the concept of reverse discrimination. The Attorney General wrote an advisory opinio used to inform our Rapid Transit Officials to claim that set aside contract for minorities would be illegal. Your promotions of certain Blacks to Sergeant was taken to court by the F.O.P. Bakke have indeed had a chilling affect on many of our actions that we proposed or things that we feel would be instrumental in moving us into a period of greater understanding. It is understandable that if there was a slow -down last year by the City of Miami Development of Affirmative Action Plan it was because the climate of Bakke and your good faith effort to accommodate all the entity the community achieved, cooperative of the affirmative action had to be considered. The Federal Government, the principal party wrote you a letter this last Spring indicating that you were not achieving process in affirmative action and therefore it was deemed wise that your Mr. Krause proceeded to develop revisions to the Civil Service Rules so that you would be able to make progress pursuant to the City of Miami Consent Decree. Given constraints of time I do believe that Mr. Krause in good faith felt that all the necessary parties and representatives of the community were involved in the progress of developing revisions for this Civil Service Rules. The fact that your Affirmative Action Board considered them and that your Civil Service Board endorsed them show that such an effort have been made although some groups and persons who should have been involved in giving input in the planning were not so involved. The groups that we invitedto support our recommendation to you to take from the table and adopt the proposed revised rules urge you to support our recommendation. They understand that you're not taking action, give the tax consent to the present system to be maintained as it is, but they want an opportunity to present in a full hearing their concerns before the vote is taken. We heard genuine particular concerns where they all had one common denominator, the need for the improvement of the Civil Service Rules. The proposed changes may not address all of our community concerns at the present time,but they provide a means through which proper deficiencies can be addressed and jeopardies can be eliminated and needs can be met. We want to urge the City 74 N O V 9 1978: Commission to accept the proposed Civil Service Rule Changes at the present time and to recognize the need for a periodic revision of these rules so that they could respond to the interest and necessities of our community. We are a dynamic changing community we are evolving everyday, our needs and our preceptions of self change and our upward mobility changes so therefore thele is a need for us to do something with thc3e rules that govern us on a systematic timely basis that make:, It not such an eruption or a distruction of what people preceive t.o be the order of things. I tili.ok these rules that we're looking at were written in 1936. It is about time that we revisioned them and try find a regular period of time for that revisitation to take place. Let us urge in the final analysis the City Administration to implement these rules of constant awareness of minority needs, affirmative action goals , and EEO opportunities for us to move forward as a community that is Keenly aware of our cultural differences but also aware of the things that make us common human beings with similar needs and similar concerns for acceptance for belief in each other, for trust, for involvement in the political process. Thank you. Mayor Ferre: Mr. Kaplan? Mr. Kaplan: Mr. Mayor, my client would I'm sure agree and I will take the liberty of offering my own services to any of the organizations represented here today to work with them explaining what we believe about the Civil Service Rules... the proposed rules and regulations in an attempt to try to explain our position to them and an attempt to try to reach some compromise before Judge Eaton rules so that there's no loss. Mayor Ferre: That's good news, that's the best thing I've heard today. Alright, Mrs. Range. Mrs. Range: Mayor, honorable Commissioners, for the record, my name is Athalie Range, I reside at 5727 N.W. 17th Avenue. I've been there so long I almost forgot my address. Mr. Mayor, ... Mayor Ferre: Mrs. Range, excuse me... ladies and gentlemen, I would... I know that many of you here are going to speak to us and want to be heard in a little while on matters dealing with pay and retroactive pay for certain employees of the City of Miami, I would ask that you would have the same courtesy for Mrs. Range that you're going to want all of us have for you when you speak, and I would be most grateful for those of you in the back of the room over here and over on this side that if you have the need to speak and on that side behind the wall too, that if you have the need to speak would you please go outside and you can do all your talking out there and would you tell those in the back there that I would be very grateful and so would Mrs. Range, if you would give her the courtesy of your attention, let's wait one more moment. Okay, Mrs. Range. Mrs. Range: Thank you very much Mr. Mayor. During the previous City Commission meeting and during your absence a group of concerned citizens as a result of the findings of the Community Relations Board came to address this Commission. I might mention the names I'm sure they'd all be familiar to you. They were Garth Reeves, John Dew, Bob Sims, Talmadge Fair, Dr. Bill Perry. There may have been others and myself, we came for the specific reason at that point to seek some relief in the promotion, the promotional list. It was at that time after several hours of discussion, it was decided at that time that relief would be sought through the courts. We understand fully well at this point that there is a legal barriers and we are surely willing to go along with the findings of the court. We come this afternoon as a group of citizens first of all to concur with those persons who've spoken prior to my coming to this microphone and their need. We also would simply ask of this Commission that once the barrier is removed,if indeed it is removed,and the court makes its decision, we then, of the Citizens Committee would certainly expect and hope that this Commission will move forthwith to correct the many, many inadequacies that presently exist in the promotional procedure as we see it today. I will not prolong the evening. This is all I have to say at this time. Mayor Ferre: Alright. Mrs. Range, I think we've had a fairly complete discussion as to where we stand before Judge Eaton. I think Attorney Kaplan's offer is a very significant offer and I would like very much to request that through the vehicles of the CRB Mr. Murphy and Mrs. Thomas,that are here representing the CRB,that we utilize your good offices along Mr. Manager through you and Mr. Krause that perhaps we might make some headway for the public hearing that I think will be forthcoming fairly soon , that if we could perhaps have the cooperation of having some open discussions on the elements because there might be some points that will be fairly easy to agree to upon such as you know on the register how many people and all that kind of stuff or there might not be that much controversy on the part of most of those involved, and which is the main thrust of what the CRB and I think most of us are personally concerned about and perhaps if that could be done very soon when Judge Eaton rules,we'll be then ready to move much quicker for a public hearing NOV 9 1978 75 hefe. the.second thing I wanted to say is that and I'm not in anyway trying to put My. fellow Coimnissoners on the spot but they certainly can express their pefho'clAI opinion. I just asked the City Attorney what his advice was to me whethec or not we could vote on this today as a matter of expression. He told me that even though we could it might create a misunderstanding with people that we've come to au agreement on namely, the Firefighters and that it would be a wirer course for us to indi iidi.ially express our opinions as to how we feelabout the proposed Civil Service Rule Changes. Now, I've already done that. I welcome anybody else who want to do that at this time to do the same thing and not my possibly calm or quell your fears that I think I well understand why you're here and I understand wny you're concerned after all it's been since you and I were struggling with this problem 10 years and we really haven't made that much headway. Mrs. Range: That's true. Mayor Ferre: And, the fact is that I've sat here with the present Commission for 5 years and we've struggled long and vehemently and I might say unanimously I don't think that there's been any dissension on this Commission's part, on these crucial votes with regards to affirmative action and upward mobility and/or women but nevertheless here we are still in the midst of the battle and we haven't crossed the River Jordan or we haven't even climbed the mountain yet and we haven't even seen ... we keep talking about the promised land and we're not that much closer to it. Mrs. Range: Right. Mayor Ferre: But I think one of these days it's going to be some major breakthroughs. Mrs. Range: Alright, Mr. Mayor thank you very much. We'll certainly be looking forward to the decision of the Judge. Thank you very much. Mayor Ferre: Alright. Is there anything else to be stated at this time or any other questions? Hearing none, then we are now through items 10,11 12 and... 37. PERSONAL APPEARANCE OF MR. STEPHAN SONN CONCERNING THE OFF-STREET PARKING AUTHORITY. Mayor Ferre: We're now on item 4113, which is a personal appearance of Mr. Stephan Sonn concerning the Off -Street Parking Authority, is Mr. Sonn here? (repeat) Alright. Those of you that are leaving I would appreciate your leaving as quietly as possible so that we can give Mr. Sonn our attention and after that we've got Ron Lieberman, We've got the Miami Capital Improvement item and then we have the question on the Jitneys and then we have Evelio Ley and then we'll be on item 25, which is the Exposition Corporation of America's proposal and then we will hear the Employee Representatives who wish to address the Commission. Mrs. Gordon: I have a short item Mr. Mayor that I'd like to bring up at some point along the way. Mayor Ferre: Alright, Mrs. Gordon. At this time we're on item /113. Mr. Sonn are you ready? Mr. Sonn: Yes, I am. I'm Stephan Sonn, my address is 1118 South Miami Avenue. I have a problem here for the Commission and for the Mayor and for the officials. Can these lights be turned down? This is regarding the Off -Street Parking Authority and I seek your aid on the basis of the fact that the one thing you can do is set the rate regarding the Authority, other than that, there is a abatement of nuisance statute that might have something to do with the fact that I consider what the Off - Street Parking Authority does ,a nuisance to our neighborhood. These are a ... that happen to be my car this is where we have to park in front of the house, no other parking facility because the neighborhoods are crowded. This is probably about a thousand dollars worth of tickets right now outstanding, there really is no other place for us to go. We've been working with the Off -Street Parking Authority now for eight months getting nowhere. Ms. Wolfson would like us to pay $10.00 a month. to park in front of her house. There's no conflict of any commercial interest in the area because it happens to be an off-street even though it is South Miami Avenue where nothing is happening. So I guess to make this as short as I can and to perhaps get rid of some of the hardships that's on the people living in the 76 NOV9 1978 — - -• neighborhood and were not talking about a very affluent neighborhood if you notice I don't think thete's a car there any newer than 1972, the rental ate $175.00 a month, politely referred to as low rent by Channel 7. I think that this Board... Mrs. Gordon: What is the address... Mr. Sonn , what is the address of that location again? Mr.. Sonn: The address is 1100 to 1122 South Miami Avenue. So just to make it very simple all we're asking is that so that you can fix the rate that you fix the dollar a rate year for a decal of which Mr. Wolfson would not do. The second thing we're asking for is something about these tickets some kind of a letter or deposition that we can go to the courts with so we're not stuck with $1,000 worth of tickets and the third thing is some kind of reform for the Off -Street Parking Authority becausethere are human rights violations occurring right now and the way they're operating constitution of violations and really can be proved in court if it has to g"o that far but I really think something could be done now along the line of reconstituting the authority to be more like the people that they're judging. So that's really all I have to say. Mayor Ferre: I think you have a... I'm not concluding that you have a valid grief but I think you have a valid petition. Mr. Sonn: We do have petitions ... Mayor Ferre: And I think the way to do this Mr. Grassie is that I think that somebody representing Mr. Knox, the City Attorney's Office and someone representing the City Manager's Office will sit down with a representative of the Off -Street Parking whether it be Mr. La Baw or somebody else and with Mr. Sonn and try to come • up with some kind of a recommendation on this and then bring it back to the Commission for some kind of a public hearing if you feel that's advisable. If you don't feel that we reed a public hearing and it can be concluded otherwise and come back with your recommendation and then let's see if we can take it up at that point. I don't think that we can just tonight arbitrarily say what the parking rates are. I happen from what you said to think that you've got a lot of merit in what you've just pointed out. Mr. Sonn: Okay, I'm glad you think that way and thank you for your help. Mayor Ferre: But I don't want to say that you know when it comes to a vote on I need to have a lot more facts before I come to a conclusion. Mr. Sonn: That's perfect. 46Mayor Ferre: Anybody have any ... Rose, you have any differ? Mrs. Gordon: No, no. Mayor Ferre: Manolo? Mr. Sonn: Is that it? Mayor Ferre: Is that okay? Joe, do you need a resolution to that effect? Mr. Grassie: No, if what you're suggesting Mr. Mayor is that we first get in with the Parking Authority people and then come back to the City Commission with a conclusion and a recommendation... :Mayor Ferre: But I want him in on it. Mr. Grsasie: ... and if it seems advisable to make that a public hearing, in other words, if it does not solve the problem from his point -of -view presumably we would call it as a public hearing so that he and his neighbors if he wish could express themselves. touch Mayor Ferre: That's correct. And, then that's up to you to organize your neighbors to come down and express what the position is. ME Mr. Sonn: Perfect. Mayor Ferre: I think that will give you the relief at least to be heard, 1 can't give you guarantee that you'll have conclusion to your problems. NOV 9 1979 ■ 4t. Scrod: Okay, thank you. Mayor Ferre: Alright. Thank you. '138. PERSONAL APPEARANCE OF MR. RON LIEBERMAN ON BEHALF OF VICTOR LOGAN WITH REFERENCE TO USE OF THE COCONUT CROVE EXHIBITION CENTER IN JUNE OF 1979. Mayor Ferre: Alright, the next speaker is item 1114, Ron Lieberman. Ron, I'm sorry we held you so long today, it's been a long day. Mr. Lieberman: Alright, Mayor, it's a pleasure to be here. Mayor Ferre: You know, Ron, I'll tell you, let me ask you a question since your client I think is also interested in what we're going to be doing in item # 25, would you rather be heard at the same time with him? Mr. Lieberman: Well, I have no objection of being heard at the same time. I'd like to be heard now and if they could be heard next I think depending on what the Commission decides to do will reflect what happens to item 25. Mayor Ferre: Yes, well, I guess what I'm saying is, I really don't think that we should conclude item 14 until we've also heard the Manager and the people involved in item 25 and since they're related wouldn't it be better to put them both together? Mr. Lieberman: Well, my people are here Maurice and if we could proceed and if you want to hold off on a vote there's no problem. Mayor Ferre: That's alright, okay. You're entitled to that. You're on the agenda on item 14, go ahead. Mr. Lieberman: I appreciate it. We're make it as brief as possible. My name is Ron Lieberman and my address is 44 West Flagler Street. I represent Mr. Victor Logan, who is presenting the Miami Summer Boat Show from June 29 to July 3, 1979. Each of you has been supplied with a copy of my letter to Mr. Grassie, dated November 6th, in addition Mr. Logan has previously supplied each of you with a copy of his letter to Mr. Grassie dated October 24, 1978, and with several items and correspondences between Mr. Logan and various representatives of the City Manager's Office so I don't need to go into all the transactions and conversations that took place. Our purpose here today is to seek your assistance in resolving Mr. Logan's present dilemma concerning his rights to present the Summer Boat Show at Dinner Key Auditorium and the dates available. For this purpose I will call upon Mr. Logan to briefly explain / to you how he has relied on verbal and written representations by representatives of - the City Manager's Office and based upon those representations he has secured and registered the name Miami Summer Boat Show lined up exhibitors, advertisers and sponsors and expended a great deal of time and money to promote a summer boat show MO at Dinner Key Auditorium for late June early July 1979. Mr. Logan. El III Mr. Logan: Thank you. My name is Victor Logan. I reside at 20020 S.W. 83rd Avenue here in Miami. I'm the President of a company by the name of Postive Results, previous to this from 1970 through 1976 for a 7 year period I worked for Exposition Corporation of America, President Larry Pearl. During that time I ran the Miami - Sports Camping and Travel Show. I was a 50% partner and publisher of Exposition - Corporation of Americas Division called ECA Publishing, where I published magazines for each of their shows. I ran the Miami Dinner Key Boat Show for three years ME ending in 76 and started and ran the Atlanta Fall Boat Show in Atlanta, Georgia for one year. Since 1977 I've been affiliated with Carroll Exposition who produces four ME gift shows a year in Florida and directs two furniture shows here in Florida. I've also during that period represented eight other shows,a total of about 60 shows during IIIthat period. When I left Exposition Corporation in 1976 I at that time was told by the Principal for that company that if I had any desires to enter into any other business that was profitable they would be willing to put up the money. I at that time told them I wanted to do a summer boat show in South Florida and they told me at that time that they had no desire to do a summer boat show, that incidentally was in November of 1976, I pursued the issue and in July of 1977 went before the Miami IMO Beach City Council to try and get dates in Miami Beach and was unable to do it at that time but incurrently continuing with the desire to do a summer boat show. I didn't want to bring it to Dinner Key Auditorium at that time because it had not been refurbished and too many of the exhibitors at the Miami Dinner Key Boat Show 7 wete indicating their distaste for the facility as was previous to this. In April of 1977, I made my first contact with Mrs.. Elizabeth Bush, the Manager of Dinner Key kuditoriam. At that time she indicated to me that she could not give me date, because the City Commissioners had instructed her not to give any new dates and not to issue any new contracts until Dinner Key had been finished being refurbished slid the second r2adi g of the new rates had been read. It was suggested to me that in i+sder not tc ei: locked out I contacted Mrs. Bush anyway and asked hci to hold dates for me. Pr.vi.ous to this she had indicated that June and July are very slow months for the Auditorium and when I needed dates I wouldn't have any problem getting them. At this time I contacted her for dates and she told me that she had only one set of dates available, June 18th to the 28th of 1979. I asked her to please reserve those dates for me and she said as soon as an issue was resolved with Mr. Larry Pearl. The issue was that he was asking for a long term contract with the City for his Boat Show I was led to understand at that time and was asking for a twelve month exclusivity and until that had been decided they couldn't confirm dates for me for a Boas: Show, and later conversations with Mrs. Bush and Mr. Charles Cru pton, one of your Assistant. City Managers it was indicated to me that the City had reached a position not to allow a total exclusivity and that I would be allowed to be given dates, and Mr. Crumpton instructed Mrs. Bush to send me out a letter on August 30th, and you have a copy of that indicating that my dates of June 18th to 28th were inclusive, and based on those dates I proceeded.I was told at that same time that possibly the dates of July 13th to 15th would be available and that she could try and find out if the gentleman holding those dates would release them, and I told her I would get back to her in a couple of days, she gave me second right of refusal on those dates additionally. My Board of Advisors indicated to me they wanted the middle of July and I got back to Mrs. Bush, she said she would try and get those dates lifted for me and twelve days later I was finally able to get back in touch with her. At that particular time she indicated that the Trade Fair of the Americas. which is sponsored by the... co -sponsored or endorsed by the City had asked to roll * their dates back a couple days for move -in and needed those dates, and to please call Mr. Crumpton. I got in touch with Mr. Crumpton and he indicated to me that he would try and make other July dates available to me. We proceeded and were able to get the dates moved so that I could have the openings of June 25th to July 3rd, this includes the opening and closing dates of the show. Based on this I continued to proceed and between the times I started working on this I have been in touch and working with very closely Mancraft Exhibitors Service making up my floor plans, getting the Fire Department to approve my floor plans, hiring personnel to work the boat show, as you can see the art work here on the easel. I have gone to the trouble of having a brochure madeup. I have had a letter madeup which you have a copy of which has been distributed to some 600 potential summer boat show exhibitors who have indicated their desire and their interest in a summer boat show. I have put my reputation on the line with these people based on a commitment letter from Mrs. Bush indicating that I would get these dates. I've had reply cards madeup. I have had several requests for space and because of my letter in your file indicates that we would not be issuing any space commitments until November 30th, at which time we'd rather have a drawing, orb I haven't done that. When I called Mr. Jennings to find out about the pier which is an essential part of a summer boat show, he told me that he had heard I was going to bringing a boat show to Dinner Key and thought it would be best if I worked with a pier renters themselves, so he put me in touch with Mr. Hector Gai, at which time I put together a list from his files of all of the renters of pier spaces on pier 5, and in the process of contacting them to get their permission to use their slip during this four day show. Vince Grimm tried to get some assistance for me and when I had a problem with trying to get use of the patio and the fencing that Mr. Pearl used for his last boat show, Mr. Grimm was able to get me permission to use these things. These are some of the things that I've done to try to pursue the direction of a summer boat show. It is my livelihood. I've invested several thousand dollars and I urge you to save my reputation and my business by letting me have what I've requested. Mr. Lieberman: Commissioners, we're asking basically is for the Commission to direct the City Manager to issue contracts forthwith to Mr. Logan for the Miami Summer Boat Show for June 25 to July 3, 1979, which as of yesterday those dates are still available. Secondly, we request a 90 day protection proviso both before and after the show against other competiting or same type shows and a right of first refusal to continue that summer boat show around the middle of July from 1980 to 1985 as was previously requested by Mr. Logan. I would also like to ask of the City to request an opinion from the City Attorney's Office as to the possible legal implications of Mr. Logan being denied his right to continue with the promotion of the 1979 summer boat show. Thank you. Mayor Ferre: Alright, Mr. Lieberman. Now, I guess first the Manager ... oh, I see. ... Mr. Manager, through you I guess to Mr. Jennings, you want to respond to that? Mr. Grassie: Mr. Mayor, the person who has been most concerned with this question of the scheduling of the Auditorium, of course, is the Department Director, Boh Jennings, 79 Nov 9 1978 mill iiti■i■uiiiiii■i rho has been involved both with a current user and to a lesser extent with Mr. Logan's interest on this and I'd like him to give you a little bit of a histoty,at least for the last two years or so on what has been happening. Mayor Ferre: Quickly, please. It's almost 6:00 and we have a long way to go. Mr. Jennings: Mr. Mayor, members of the Commission, for the record my name is Bob Jennings. As Mr. Logan says , we have been dealing with Mr. Larry Pearl for sometime with regard to negotiation of a long-term contract for his use of Dinner Key Auditorium for a series of events. I think what needs to be said is that in the absence of any policy to the contrary, however, when we were contacted at the departmental level by Mr. Logan to rent the Dinner Key Auditorium we did in good faith discuss with him the reservation of certain dates in the summer of 1979 for his summer boat show. This was done of course, with the consideration that there was no policy to prevent us from doing so. In other words, if the Dinner Key Auditorium is available for rent the dates were open, there was no policy at that time to provide any protect to any other event for that particular period, there was no exclusivity clause or there was no exclusivity policy that would prevent us from dealing with Mr. Logan, so we did discuss certain dates. Mr. Logan asked if those dates be held for him. A hold was placed on those dates for Mr. Logan by Mrs. Bush. Along parallel lines, however, keep in mind that the proceedings were going on with Mr. Pearl regarding the long-term agreement for his events. Most of those proceedings were taking place on an Assistant City Manager level. Now, however in the process, in the later process, in the recent process of the negotiations with the Exposicion Corporation of America, that is Mr. Larry Pearl's organization, they express the desire in the terms of this contract to present an event at the same time or at a time that would preempt Mr. Logan's dates. Mr. Logan does not have a contract with the City, neither has he put any money on these dates. He does not have a deposit on the dates, he does not have a contract with the City to present an event on those dates. And, as I say, the Exposition Corporation of America expressed the desire to put an event on at a time period that would preempt Mr. Logan's hold on those dates. Also, the question was raised by Mr. Larry Pearl of Exposition Corporation of America as to whether because of his long standing association with the City the success that his events have had in this Auditorium over here , he asked why the City would not offer him a first right of refusal rather than deal with another individual? His request was taken into consideration, but... and as a practical matter of this decision really rest in the hands of the City Commission. You are the policy -makers, I think we've dealt with both parties as best we could. Mayor Ferre: I think that it's important Ron, this is why I said that we really have to hear both of these items at the same time because when we hear item 25... is Mr. Pearl here or his representative? Mr. Lieberman: Your honor, item 25 refers to five exhibitions that Mr. Pearl wants to put on. He has slipped into that as one of the five, the item that we're talking / about. Mayor Ferre: Precisely. Mr. Lieberman: We have no objection to him presenting the other for exhibition. Everything Mr. Jennings has referred to is after the fact. After our commitment came suddenly Mr. Pearl decided he'd like to have a summer boat show ton. Mayor Ferre: I see your point completely, but I think that we have to out o courtesy to everybody give Mr. Pearl the right to tell us why. Mr. Lieberman: I agree your honor, but I would like Mr. Logan to be able to respond to the question presented by Mr. Jennings. Mr. Reboso: What time was Mr. Pearl item scheduled? Mrs. Gordon: As a clarification Mr. Mayor, may I ask Mr. Jennings, are you committed, have you committed yourself to Mr. Pearl with regard to the boat show? Mr. Jennings: It would seem to me that the commitment would be made at such as the City Commission... Mr. Grassier The answer is no, Commissioner. Mrs. Gordon: Okay, that's all I wanted, yes or Mr. Reboso: Mr. Mayor? Mayor Ferre: Alright, Mr, Reboso, 80 NOV 9 1978 Mr. Reboso: ... heat from Mt. Knox, Mr, Knox? please.. Mr. Knox: The legal question that appears to have been presented would be tohe.thet or not a reservatiun of dates would constitute any obligation on the part of the City to honor thole dates. Ba^Ad upon our examination of all the facts and circumstances ou, conclusion has been tLat this is a question really that would not be decided by the City Attorney's Office because it involves questions which may involve a determination by a Judge in the following respects. If there is an obligation on the part of the City it would have to be found either as a contractual obligation or quasi contractual obligation the existence of an implied contract either in fact or in law. Now, it would be a question of fact as to whether or not all of the statements that were made by Mr. Logan with respect to activities that he engaged in in reliance on this commitment whether he had a legal right to rely upon a reservation of dates, and again that would be a judicial determination. The only other consideration would be one that's not cognizance of vote in the courts and that is whether the City incurred any sort of a moral obligation by virtue of the reservation of these dates. Now, the Manager or the management of the City may be in a position to articulate a policy to the Commission with respect to how a reservation of dates is treated, because one of the things that's involved in a contract is what is called a meeting of the minds, did the City intend by reserving dates to incur an obligation to honor those dates and is that a practice or procedure exercised by the management when dates are reserved, and this is again a question that would be determinative of the question of whether or not there's any legal or equitable obligation on the part of the City to honor those dates. Rev. Gibson: Counsel, let me ask a question? I, you know, I don't understand all that legal stuff. Wait a minute, Mr. Jennings first, Mr. Jennings? ✓0 Mr. Jennings: Yes, sir. Rev. Gibson: How many dates did Mr. Pearl have prior to these people asking? Mr. Jennings: He is presently four... Rev. Gibson: No, no, how many did he have prior to? Mr. Jennings: He had initially started out with five. During contract negotiation one of the shows was dropped sir. Rev. Gibson: Alright. Okay, so he dropped them. Mr. Jennings: He dropped one that was... Rev. Gibson: Alright, did he speak for these dates? ' Mr. Jennings: Did he speak for...? Rev. Gibson: The ones, wait a minute, not after the fact, four or those five did he speak for these dates? Mr. Jennings: No, sir. Rev. Gibson: Alright, so then you committed the City to particular date. Mr. Jennings: By virtue of responding... Rev. Gibson: By virtue of saying yes, you know... Mr. Jennings: ... to their request that we hold those dates. for ... Rev. Gibson: Right! And, if I understand properly that usually you don't really put up no money, you know, like you do the Orange Bowl, you just okay, it's a gentlemen's agreement, isn't that right? Mr. Jennings: Well, it's a gentleman agreement but there is eventually a contract, Rev. Gibson: Yes, but... wait a minute, but there was no contract on either side, Mr. Jennings: No, sir. Rev. Gibson: So that these people in a real sense had a right to that date that they asked for as the man has, and remember now I understand that the man's been there you know, and all that, all I'm saying is that as the Executive you led these people to believe, Counselor, you know this in Juris prudence. I'm not a lawyer now, you 81 Nov 9 1978 led these people to believe that all is well fot the date which they asked, iths t that right? Isn't that tight Counsel? Mrs. Gordon: Rev. Gibson: You darn tight. Mr. Reboso: Do you have a letter from the City of mbi? Mr. Logan: Yes, sir I do. Mr. Reboso: Let me see the letter. Mr. Logan: Yes, sir. Let me answer one other point. I was told that because the City Commissioners had not had the second reading of the rate schedule that I could not be given contracts and I want to point out that Mr. Larry Pearl did not get his contracts for the Dinner Key Boat Show two weeks ago until ten days before his show. He sold space and printed his brochures based on the same kind of a promise that he would get contracts when Mrs. Bush got her permission to issue them. I was told on Friday, October 20th by Bob Jennings that he would instruct Mrs. Bush to send me a letter saying that the contracts would be forwarded as soon as other priority matters got off her desk and on the 23rd I was notified that Mr. Grassie stopped that letter. Rev. Gibson: I just want to ask one more question. I have in my hand a letter dated August 31, 1978, which reads"Mr. Victor Logan', and then it goes on, "Dear Mr. Logan: This letter will advise you we are holding June 18th through 28th, 1979 inclusive for your proposed show in the Coconut Grove Exhibition Center (Dinner Key Auditorium). Sincerely, Elizabeth Bush, Manager." Mayor Ferre: My personal feeling is in agreement Ron, that your client has a legitimate beef before this Commission and this Commission is going to have to wrestle with it. I do think that it is important out of courtesy to a man who has rented Dinner Key Auditorium for 12 years and has held boat shows there for a long, long time ,that we ought to give him the courtesy of being present while he is discussing that. Now, that doesn't mean to say that that in anyway changes or will change my opinion as to what I think has happened in this whole procedure but I do think that sincein effect ,what he's requesting for is in opposition to what you're requesting, that we really have to discuss this with all parties present, now I don't know, is Mr. Logan here Mr. Manager? Yes, I don't mean Mr. Logan, I mean Mr. Pears. Mr. Grassie: I don't see him, Mr. Mayor. Mayor Ferre: Is there anybody here representing the principals on item no. 25, which is the ...lets get the exact corporation... the Exposition Corporation of America Mr. Lieberman: Your honor, if I could just point out, item no. 25••was listed at 3:30 P.M. just like this item was. It is now 5:30 P.M., I don't know why they're not here. Mayor Ferre: I'm not asking you that, Ron. I understand if he's not here then that's his problem. Mr. Manager, you have any answer to that, I saw...? Mr. Grassie: I just said that I don't see him in the audience and I do not know where he is. Mayor Ferre: Well...was he properly informed and all that? Mr. Grassie: Well, I'm sure that he knows the item 25 is on the agenda.• Mayor Ferre: Who's been dealing with this matter, Mr. Jennings...? Mr. Grassie: On the question of his contract Mr. Jennings. Mr, Jennings: I have in recent days and he is aware that this item is on the agenda. Mayor Ferre: Well, then if he's not here there's nothing we can do about that. What's the will of this Commission at this point? Mrs. Gordon: I think we have an obligation that the Administration has incurred and we,if it's coming to us for our opinion and adjudication ,I believe we have a right to see to it that it's honored. 82 NOV 9 1978 Rev, Gibson: Mr, Mayor, I would have gone on, maybe I could hedge if it was yott say and I say, but in view of the fact that there is a letter written and I'm sure that we pay good salaries in good... you know, well, okay Mr. Manager I want to hear you, maybe... Well, let me say this, before you tell us what you know. Theodore Gibson believes that I've to always do what I have in my Mind to be morally and right. Okay, go ahead and tell me now. Mr, Grassie: I think one of the things that the City Commission has to keep in mind ,Commissioner Gibson and members of the City Commission is that the whole process of making reservations for dates is a process of accomodation for people who wish to use one of our facilities and we do this in many of our facilities. Now in that process of accommodation you find that you have a two-way street. The City hardly ever is in a position of having to change its mind with regard to a reservation, that is much less true of the public. The public in fact that makes these reservations of dates reserves to itself the right to cancel out all the .time and they cancel out sometimes with very short notice. Now, what I'm saying to you is that in this particular case, because of the negotiations that the City has some staff people in the City have had with the Pearl organization for a period of two ,years it has now become necessary for us to cancel out on the specific reservation that these people have and we have done that in writing, just as we gave them a tentative date reservation before we have now given them in writing a cancellation of that date and this cancellation is approximately eight months before ahead of the time when they proposed to have an event. Now what I'm saying to you is that in terms of moral right what is fair for them, since they have not entered into a contract with the City and have not put down money ,what is fair for them which is that they can change their mind and cancel out on us at almost anytime until just before the show, that same privilege exercised with discretion and only for good reason has to remain available to the City if we're • going to manage our facilities properly. Mayor Ferre: Excuse me (repeat). If we can't get quiet in this room I'm going to... I'll tell exactly what I'm going to do I'm going to disband this Commission meeting and we're just going to go home and we're not going to hear you so please have the courtesy to the speakers and I think we're almost finished and we'll be on the item that 95% of you are interested in just 15 or 20 minutes, hopefully ,so be patient and we'll be right with you, okay. Joe, can we wind it up so we can move on? Mr. Grassie: Well, I'm simply trying to give the City Commission the kind of context that I think you need in evaluating this sort of a question. Keep in mind that Mr. Logan has just told you that he decided a year ago that that Auditorium was not good enough for him to put on a show. I also need to point out to you... Mayor Ferre: Yes, but wait a moment... 4, Mr. Grassie: ... that Mr. Pearl has been putting on a show there for 12 years, now that's one of the things that the staff has had to keep in mind in dealing with the Pearl organization for a period of two years, and these two things, that is, the negotiation: with Pearl and the more recent negotiations with Mr. Logan, have been going along in parallel. Now, apparently the staff has come to a conclusion with the Pearl organization that conclusion, the recommendation of the City Commission, makes it impossible for us to maintain the kind of dates that they have tentatively reserved. Rev. Gibson: Okay let me ask... Mr. Grassie: And, that, you know, basically that is the kind of situation that we have. Rev. Gibson: Alright, Mr. Grassie, when did Mr. Pearl change his mind and wanted to go up or down did the staff tell Mr. Pearl that somebody had already asked for June 18th and through what was that? 18th through 20th? Mr. Grassie: My impression is that he was aware of that, yes. Rev. Gibson: Okay, well, look, okay, look. You mean to tell me that they told Mr. Pearl that and then you still gave Mr. Pearl the dates and knowing that these people had a letter saying that? Come on! Mayor Ferre: Look, let's see if we can cut through and get down to the basis of what this is really all about. Larry Pearl uses the City of Miami Dinner Key Auditorium Now,he's had boat shows for all these years. Now, we've gone out and spent four million dollars to improve it and it's improved and of course he and a lot of other people want it. Now, as you recall we were unable to keep the boat show in Miami, the real big boat show and it went over to Miami Beach, and despite that, because of the different timing of it,Pearl put on his boat show in October -November and as I understand it from Mr. Grassie, or whoever told me this right now Pearl is the 83 NOV 9 1978 iargest exhibitot in the southeast United States. Mr. Grassie: That's tight. Mayor Ferre: Now, what is involved here and what is at stake is a relatiotishiP between the City of Miami and the largest exhibitor to the southeast of the United States. Now, according to Pearl he wants to get four, five, he eventually wants to put on 15 or 20 shows and it is his intention to do that. Now, the question that we have to decide here is number one, one of equity, which is a moral position that you're pointing out, Father Gibson, because, you know, if we've got to go with this and if the end result of this is that Pearl's going to go pull out and go do something else that's probably not going to happen because where else is he going to go, there's no place for him to go. On the other hand, I see what Pearl is trying to do and I think whereas it is unfair as far as you're concerned I see the equity on his side because what he's saying is,look Logan worked with me and after he worked with me and learned all the ropes and what have you then why should I all of a sudden permit somebody to come in here and compete in my business when I'm the one who's built this whole thing up and I'm going to have a summer boat show myself. Now, the question then becomes one of... the practical aspects of it as far as the City of Miami and what is best for the people of Miami and that is, as far as I'm concerned, what is best for the usage of that auditorium , what will develop that auditorium best. Now, I think you've got a very strong argument in saying that competition isn't bad but we have for example, Evelio Ley, who I just see throught here who wants to promote something that he worked very hard at last year, which is called the Trade Fair of the Americas and we've given Evelio Ley, as I recall, for 2 or 4 or 5 years the exclusive right to come back and do this because he says after I do all the work you're not going to turn around or a future Commission and kick me out. Mrs. Gordon: That's a different story, Maurice. Mayor Ferre: .... Wait, wait a minute... Mr. Reboso: It's completely different. Mayor Ferre: Now, we also have the case of the Orange Bowl, for example, now that's a different story too, I realize that the Dolphins have a long-term contract for the usage of the stadium which they guarantee to pay and what have you. Now the decision on the long-term contract, Pearl has been wanting a long-term contract for years. It is the City Administration that has been denying him that right. As far as he was concerned years ago he said, if you improve that facility I'll go ahead and contract for five or ten years to use it. We said, no, we don't want any exclusives. So the question then comes up, you know, as to what's best for the City of Miami from a business point -of -view along with the moral question as to what was done, and what was or wasn't committed. Now, ... Mr. Lieberman: Your honor, we're not opposed to long-term contracts but we don't want to see a monopoly. Mr. Pearl is not the largest exhibitor. He does a lot of exhibitions. There are exhibitors that does a lot more than he does. Mr. Logan is not an amateur. Mr. Logan ran Mr. Pearl's boat show, increased the size of it, made it successful and he's quite a competent professional besides all the equities involved here. I don't think we want to see a monopoly where one person runs all the exhibitions for the auditorium. Mayor Ferre: I just think,Ron, that this is much too important an item, and much too big for the future of something that's going to affect the City of Miami that we could decide here without really having Mr. Pearl or his representative present to tell us his side of it. Now, and that's just my position. The majority of the Commission can do whatever they want to. Rev. Gibson: Okay, let's say this Mr. Mayor, why don't we table this matter long enough you know, I learned Southern Bell has got rich long enough to make a call, ... well, okay, listen to this, I am for tabling this matter either long enough to come back to it later on with the full knowledge and understanding that Mr. Grassie could call Mr. Pearl and if he wants to take the gamble on being heard by four of us, fine. Since you indicated that a meeting tomorrow is inevitable, I would ... Mayor Ferre: Yes, but see that's not fair to Rose, Rose can't be here. Rev. Gibson; Rose, you won't be here tomorrow, okay, then ...okay, listen to this. Mr. Lieberman; Father, the only thing I ask is my client has got to get his literature printed he's only got eight months left. 84 NOV 9 1978 1i1M1IIIIIIIIII111111■11111111111111111111111111111111111111111■I■IIIIIIIIIIII■ 1111 ■ • • _• • • Rev. Gibson; S,itt wetre ovei the hatte.l. Okay, listen to this, reasonable men can always reason and not be you know.., Mayor Ferre: Father, T got a solution to it Rese says that t.. fev. Gibson: Alright. M;iyor Ferre: ... she caa pleat at_. 9;00 and P1*numer told the that all day if we needed him, but we don't need him all day, but if 9:00 we can take all these items up. he would be: he we can meet at Rev. Gibson: I am for postponing until 9:00 and having Mr. Pearl ... Mayor Ferre: Alright, would you be back here tomorrow morning at 9:00? Mr. Lieberman: You can bet: we'll be here. Mayor Ferre: Alright, and would you so advise Mr. Pearl, if he's not here we're.` putting it off anymore and that's his problem. Rev. Gibson: Right! Mayor Ferre: Alright. Thank you, we'll be into this tomorrow. Mr. Lieberman: Thank you, your honor. Mayor Ferre: Thank you. Alright, now we're on item no... Mr. Grassie: Mr. Mayor 4ilmeeting at 9:00 o'clock Mayor Ferre: Well, no, Pir. Grassie: Beer. Mayor Ferre: Oh, on beer, and who was it that we were going to have here presenting it? Do we need anybody to be here besides us? Mr. Grassie: No, your purpose was to have the full Commission. Mayor Ferre: Oh, that's right. , for clarification, that means you're and you're not going to have the 11:00 going to have one o'clock meeting? Mr. Grassie: That was because the 11:00 o'clock meeting was the only purpose. Mayor Ferre: Alright, then the problem of course, is Wolfson, do we? Mrs. Gordon: No, ... already got everything. Mayor Ferre: Alright, well then why take up the other one? Mrs. Gordon: Yes. Mr. Lieberman: Does that mean item 25 will be at 9:00 o'clock tomorrow also? Mayor Ferre: Yes. Mrs. Gordon: Maurice, if you cancel the 11:00 o'clock and push it up it'll Mayor Ferre: We'll just run it through, that's right. Mrs. Gordon: on what, what was it? don't we just take'up`after Right. Mayor Ferre: But I guarantee you by the time you get through with all this it will. be 1Q;0.0. o'clock. Mrs. Gordon: Well, you better not take two hours you'll lose one member. Mayor Terre; Alright, now we're on item no.... see you tomorrow at 9:00 o'olotk' 85 NOV 9 1978' :09. A?P20VE IN PRINCIPLDIRECTMpLANNINGIAMI IDEPART1E04ETON PROGRAM 1978-1979, THE R€:VISE AND UPDATE SAME ANNUALLY. Mayor Ferre: Alright, now we're on item no.15 which is the approval in principle of the Miami Capital Improvement Program for 1978 through 84. Mr. Manager? Mr. Grassie: This is the Capital Improvement Plan that you have seen in draft before, Mr. Mayor and members of the City Commission, we're distributing a cleaner copy to you now. It is basically the same document except reprint more carefully. Mayor Ferre: We have a question here, Joe, which is I think a pretty good question, at 7:00 o'clock we've another Commission meeting. I don't think we're going to be through here by 7:00, couldn't we get some food ordered here? Mr. Grassie: Certainly. Mayor Ferre: Okay, that takes care of... is that alright with everybody? Rev. Gibson: Fine. Mayor Ferre: It's going to be a long day. We're on item no. 15. Mr. Grassie: Mr. Jim Reid will introduce the subject. Mayor Ferre: Mr. Grassie, before you do that let me ask you a question, this is all very nice but I would imagine that this amounts to hundreds of millions of dollars, right? Mr. Grassie: Yes, sir. Mayor Ferre: Now is this the first time that this document has been passed out? Mr. Grassie: No, sir it certainly is not. It was seen by the Commission at its last meeting and they had it 10 days before that. Mayor Ferre: Is that this one here? Mr. Grassie: That's correct and it is virtually identical. Mayor Ferre: I see. I just want to make sure that we're not... Mr. Grassie: The only thing that we've done is we've been able to print anew,'cover for it. Mayor Ferre: That's fine. Okay, I just want to make sure that we weren't getting into something that was completely new, okay? Mr. Reid: Mr. Mayor, my name is Jim Reid, your Planning Director; and Mr. Mayor and members of the City Commission, this is exactly the identical document that was provided to you on October 24th, it simply has a new cover so that it has been available. I will try and be very concise and review it quickly and zero in on the parts that I think are important in terms of your actions. Actually, it probably would be preferable to discuss both the Capital Improvement Program and the Appropriations'Ordinance because they are linked together in this document. In summary, quickly, the Capital Improvement Program is a 6-year physical development program for this City. It allows citizens, investors, business people, officials, City staff people to have an idea of what we propose in terms of physical projects of the future and what we have in the context of this program are 175 projects that total $243,000,000 so that it is a very large program. There are no surprises in this program; basically, it simply packages the things that the City has talked about doing over the next 6 years and most of these things you're quite well aware of. I would not want to go into detail with respect to the program, itself except to say that in the context of the document the items, the $243,000,000 items are discussed in terms of function, in terms of how they relate to the City 's plans and policies and accomplishments, in terms of how the program could be funded, in terms of its neighborhood impact and also detailed project description, so we've taken this $243,000,000 program and arrayed it in all those categories and I think that that is a very comprehensive look at it and what we are asking you to do with respect to this program is simply approve it in principle, this does not constitute a commitment 86 NOV 9 197 to funding those projects. it constitutes a statement of the City's policies. and to guide us over the next 6 years, so that part of the item is. the Capital Program. The Capital Budget which is the next agenda item is accompanied by an Appropriations Ordinance. We are asking you in the context of the capital budget to approve an appropriations ordinance, and the Capital Budget part of the document discusses the status of last year's capital budget, identifies the funding sources fot. the capital budget and lists the projects particularly that are funded by the Florida Power & Light, the looney which I think is of great interest to you. Want to call your attention in the Capital Budget quickly to two pages. First on page 170 of your document one of the things that's often said is that the City projects get authorized and never finished. What thischart$shows on page 170 , all the moneys that you appropriated last year... approved 00, 95% of those projects are under way. The other key item. that I think is important in this document for your review is on page 181. You'll notice that most of the projects in the Capital Improvement Budget are funded by City Bond sources, by Federal grants and +:hat kind of thing, but on page 181, it lists the projects that are, unded out of the Florida Power & Light Fund and on that page it shows the projects recommended for Funding from that fund and it also shows that concurrently, the fund balance is also supporting a $3,615,537.00 transfer to the operating budget, .So what we have before you,are really two related actions, the approval or the adoption of the Capital Program ,in principle,and the adoption of the specific Capital Budget Appropriations Ordinance and I'll be glad to take any questions on those two items. Mayor Ferre: Any questions? Alright, anything else you want to say to us? Mr. Reid: No, I'd be glad to respond to anything that you have to ask and ... Mayor Ferre: Any questions at this time from members of the Commission? If not, then I think it's appropriate to... do we have an approval in principle of the 41Ciliami Capital Improvement Program 78 to 84? We can modify it anytime in the future if you want to modify it if that's your will? ... We're on item no. 15, Father Gibson moved it ,in principle,and ... Mr. Reboso: Second. Mayor Ferre: ... you seconded it, is there further discussion? Mr. Grassie, for the record, so we don't have any misunderstandings in the future this could be changed at any... Mr. Grassie, this could be changed at any time, is that correct? Mr. Grassie: That is correct Mr. Mayor. Mayor Ferre: Alright, further discussion on 15, call the roll. The following resolution was introduced by Commissioner (Rev.) Gibson, w moved its adoption. RESOLUTION NO. 78-712 A RESOLUTION APPROVING THE MIAMI CAPITAL IMPROVEMENT PROGRAM 1978-1984 IN PRINCIPLE; AND DIRECTING THE PLANNING DEPARTMENT TO REVISE AND UPDATE IT ANNUALLY FOR SUBMISSION TO THE COMMISSION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Vice Mayor Reboso, the resolution was passed and adopted by the following vote: AYES: Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES; None. ABSENT; Commissioner J. L. Plummer, Jr. 87 NOV 9 1978 40. AMEND SECTIONS 1, 3 & 5 OF 8716, THE ANNUAL CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, BY ESTABLISHING NEW FUNDS; MAKING ADJUSTMENTS, ETC. Mayor Ferre: Now ,item 16 is the ordinance amending Sections 1,3 & 5 of Ordinance 8716 and so on, the Annual Capital Improvement,by establishing a new funds; making adjustments and so on,for the fiscal year ending September, 1979. Mr. Grassie? Mrs. Gordon: Where are these funds coming from? Mayor Ferre: We're on item 16 now. Mrs. Gordon: Yes. Mr. Grassie: The funds are specified in the Capital Improvement Program and both the sources of the funding and the proposed expenditures are covered by this plan Now, are you asking for something more than that? Mayor Ferre: Well, you're asking ,as I understand ,that this City of Miami Commission go on record by First Reading an Ordinance and Mrs. Gordon has asked you a specific question as to where the funding are coming from? Mr. Grassie: Well, the only answer that I can give you is that all of the revenues are specified in the Capital Improvement Program and I would have to, you know, I would have to walk through that with you. Mrs. Gordon: There is a fund balance from the Florida Power & Light Franchise fee sums that are in trust, are those of monies that are being utilized for these expenditures that are outlined in this ordinance that you're asking us to approve on First Reading? Mr. Grassie: Yes. Go ahead. Mr. Reid: In terms of the... Mayor Ferre: Well, wait a moment, when does this come up in second reading if we pass it on first reading today, 30 days? Mr... Mr. Grassie: Well, it could come up again in 30 days, we would prefer that it be done more quickly if possible because we have literally dozens and dozens of / construction projects that are waiting for an appropriation to get started and this includes street projects and sewer projects, all sorts of projects that are funded in this Capital Improvement Program. Mayor Ferre: This is a very serious matter though, because... this is too serious, now, how do you want to handle this then? Mrs. Gordon: Delay it. • Mayor Ferre: Delay it until when? Mr. Grassie: Could I suggest a, you know,if we can get a first reading today possibly we ought to come back to this tomorrow and at least consider it very briefly. Mrs. Gordon: I would prefer Mr. Mayor that we not act on number 16 tonight. Mayor Ferre: You mean you want to take it up tomorrow is that what you're saying? Mrs. Gordon: No, sir, at the next regular Commission meeting. I want to cross check this with the Capital Improvement Program. Mr. Grassie: You understand that the next meeting is in the middle of December and that means that none of the physical improvements of the City are going to get... nothing is going to happen. We're not going to have any money to spend. Mrs. Gordon: Well, I don't want you to feel like I'm delaying it for any other reason then I just want to be absolutely sure, cross-checking this because you 88 NOV 9 1978 C• 1 • gave the an answer that indicated that I had to cross check this if I wanted to know just exactly where itwas coming from and what it was going to be spent fot and so therefore t would prefer delaying that. Mr. Reid : If I mold clarify that perhaps it would help the Capital Budgets itself, the sources of it are on page 174 of the document I've given you. Mrs. Gordon: I understand. Mr. Reid: The specific expenditures out of the Florida Power & Light Fund are on page 5 of the appropriations ordinance so that between those two you can quickly see those sources of funding and... Mrs. Gordon: I appreciate your comments and I recognize the interest you have in a speedy enactment but I'm not willing,personally,to be rushed into this ordinance tonight. OS Mayor Ferre: Alright, now there's a middle ground that I think we might arrive at and that is we have not set a second meeting in November,Mr. Manager, and perhaps we don't have to wait until December 14 if we have a meeting later on in November. Mr. Grassie: Technically, your second meeting in November is at 7:00 o'clock tonight but we could also have another meeting, a third meeting further on in the month. If I could suggest another possibility to you. Mayor Ferre: Well, the reason why is because Mrs. Gordon wants this matter delayed and the Capital Improvement Program, you are going to have the Chamber of Commerce and everybody else screaming that we're holding up millions of dollars worth of ill construction because we haven't read the material that.we'be had on our desk for two weeks and I think the point is... Mr. Grassie: Could I suggest this Mr. Mayor, I think that what Commissioner Gordon Mrs. Gordon: You had this ordinance for two weeks? Mr. Grassie: Yes, you have had it Commissioner. Mrs. Gordon: Okay. You and I've been out of town, okay. Mr. Grassie: I'm sorry. What you're concerned with Commissioner Gordon, I believe is the FP&L monies, that portion, if I could suggest to you if we can get the rest of the Capital Improvement Program approved and that is basically bond funds. We are talking about.... Mrs. Gordor: That's alright, I have no problem with that. Mayor Ferre: Well, let's do that then. Mr. Grassie: .... all of our sewer programs, the street programs, if we could get those moving. Mrs. Gordon: No problems with that... Mr. Grassie: Then we can come back to you on the Florida Power & Light. Mayor Ferre: Hold on, hold on, let's stop right there. I would like to recommend then so that we don't really hold up the whole proceedure of the City on this, that we divide this into two, you go with that. Mrs. Gordon: I'll move it that way, sure. Mayor Ferre: Alright. Now, so then why don't you make a motion on the item l6, if we can,...Mr. Knox, if you can... Mrs. Gordon: It would have to be re -drafted and re -read, Mayor Ferre: It has to be re -drafted and re -read, you are going to have to,, it's hasn't been read. Mr. Reid: Could I make a suggestion Mr. Mayor? Mayor Ferre: What? Mr. Reid: I think what you want to achieve can be accomplished just by deleting 89 NOV 9 1978 Section (n) from the ordinance on page 5, that is the section that deals .tt ita entirety with the Florida rower & Light Funds, Mrs. Gordon: Alright, is that okay Mr. Knox? Mr. Knox: Yes. Mrs. Gordon: Alright, then read it that way. Mayor Ferre: Alright, who's going to make the motion then? III Mrs. Gordon: I'll move it that way. mom III Mayor Ferre: Alright, Mrs. Gordon moves. Father Gibson seconds on item 16, with the exception of (m) which is the Fund Projects for Florida Power & Light Company Frpchise earnings on page 5 of the ordinance before us and available to members of the public, is that correct? Mr. Knox: Yes, sir. Mayor Ferre: It's been duly moved and seconded. Now, would you read it? m Mr. Knox: Yes, and the record should reflect that Section (m) has been deleted. III (CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD) Mayor Ferre: Call the roll, please. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTIONS 1, 3, AND 5 OF ORDINANCE NO. 8716, ADOPTED OCTOBER 26, 1977, AS AMENDED, THE CITY'S CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, BY ESTABLISHING NEW FUNDS; MAKING ADJUSTMENTS IN THE POLICE GENERAL OBLIGATION BOND FUND, THE FIRE GENERAL OBLIGATION BOND FUND, THE POLLUTION CONTROL GENERAL OBLIGATION BOND FUND, THE HIGHWAY GENERAL OBLIGATION BOND FUND, THE PARK AND RECREATIONAL FACILITIES GENERAL OBLIGATION BOND FUND, THE SANITARY SEWER GENERAL OBLIGATION BOND FUND, THE STORM SEWER GENERAL OBLIGATION BOND FUND; APPROPRIATIONS BEING REQUIRED FOR CAPITAL IMPROVEMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1979, CONTAINING A REPEALER CLAUSE, A SEVERABILITY PROVISION; AND PROVIDING THAT THE REQUIREMENT OF READING ThIS ORDINANCE ON TWO SEPARATE DAYS IS HEREBY DISPENSED WITH BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. Was introduced by Commissioner Gordon and seconded by Commissioner (Rev.) Gibson, for adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing /` with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission - AYES: Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. Whereupon the Commission on motion of Commissioner Gordon and seconded by Commissioner (Rev.) Gibson, adopted said ordinance by the following vote - AYES: Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre NOES; None. ABSENT; Commissioner J. L. Plummer, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8874. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and copies were available to the public. 90 NOV 9 197 Mayor?erre: Aicight, tow Mt t drasSie Mr, Gr:tssie: Yes, sir. Mayor Ferre: ... would y' you try to meet with Mrs. Gordon and with Father GibSony and with Commissioner Rebo:;o if n+'cessary and try to convince them that there ate no Mickey Noose or Snookers ur anything on that item(m) and then perhaps you might be Ate to wove that tomorrow, okay, Father, if you're satisfied you and Rose, and rather than have to hold it up until December, okay, that's your responsibility. I'm asking Joe to meet with you, well, you know, whenever you can, to see...so that you're convinced that there's no Snookers in there. Mrs. Gordon: t have no problems reading, Maurice. I just wanted time to do it and to cross-theck it because the answer the Manager gave me indicated I better do that, okay. Mayor Ferre: Well, what I'm saying is that if he can help you do that. Mrs. Gordon: I can do it alright. Mayor Ferre: And if we can expedite that so that perhaps tomorrow there might be the majority of us that may want to take that up is what I'm trying to tell you. Mrs. Gordon: I'm not ready by tomorrow so if the majority wants to that's up to the majority. Mayor Ferre: Okay. 41. AMEND SEC. 56-45.1 OF THE CODE BY PROVIDING FOR AN INCREASE IN FARE CHARGED BY HOLDERS OF CERTIFICATES OPERATING JITNEY BUSES. Mayor Ferre: Alright, we're now on item... Mr. Grassie: 17, Mr. Mayor. Mayor Ferre: ... number 17, which is the question of the jitneys. Are there any ... Sergeant? Mr. Grassie: Sergeant Campbell is here to speak to it Mr. Mayor. 4 Mayor Ferre: Sergeant, would you tell us what this is all about. I've been seeing you patiently waiting there all day. Sgt. Campbell: Yes, sir, Mr. Mayor. I'm Sgt. Campbell. I'm in charge of the taxicab here in the City of Miami. The jitney owners have requested me to propose legislation to the Commission in reference to raising their fares from 35c to 50c, advising me of the inflation, the cost of fuel, vehicles, insurance and things of these natures, plus the Metro Bus Systcm is also up to 50c now and to be able to remain in business and be competitive, they would at this time like to request their rates. Mayor Ferre: Mrs. Gordon, are there any further questions on your part on this item? Mrs. Gordon: I don't have any further questions. Mayor Ferre: Alright. Is somebody ready to make a motion on this. Rev. Gibson: I move it. Mayor Ferre: Father Gibson moves, Is there a second on item Mr. Reboso: Second. Mayor Ferre: Alright, there's a second. Further discussion, Cai. the roll AA item 17. (CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD), 91 NOV 91978 AN OMNANCE ENTITLED - AN ORDINANCE AMENDING SECTION 56-45.I OF THE CODE OF THE CITY OF MIAMI, FLORIL.A, AS AMENDED, BY PROVIDING THEREIN FOR AN INCREASE IN THE FARE CHARGED BY ALL HOLDERS OF CERTIFICATES OPERATING FOR -HIRE CARS (JITNEY BUSES) FROM 35c to 50c; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner (Rev.) Gibson and seconded by Vied May and passed on its first reading by title by the following vote: AYES: Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. 42. ACCEPT PROMOTIONAL PRESENTATION OF EVELIO LEY & ASSOCIATES FOR $24,700, CITY OF MIAMI PROMOTIONAL PACKAGE; ALLOCATE SAID FUNDS FROM 3RD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUND. Mayor Ferre: We've got item what, 20? Mr. Grassie: Item 20, Mr. Mayor. Mayor Ferre: Alright, this is Evelio Ley & Associates,. Mr. Grassie: I'd like to have Mr. .... Mayor Ferre: Mr. Crumpton. Mr. Grassie: ... Mr. Castano.introduce this. Mayor Ferre: Oh I'm sorry Mr. Castano. Mr. Castano: Mr. Mayor, Commissioners, Julio Castano, I'm the Director of the Office of Trade & Commerce. These $25,000 that we have for promotion are part of a pre -test of a trade mission to Central America that will be done in conjunction with the Florida Council for International Development another promotional effort of this nature will be happening later on in the autumn of 1979 and that will be done on our own and that will be going to Central Americaand Venezuela. This promotional package includes a film, brochures, leaflets, mailers, and a marketing approach to this effort. Twelve firms applied for this particularly promo*.ional effort. Seven were considered, Five presented to us and a technical review commitee of five recommended Evelio Ley to be the firm that gets the... Mayor Ferre: Who's the committee madeup of ? Mr. Castano: The committee was made of Mr. Tony who is the Assistant Director of the Industrial Commercial Services for the City, Mr. Arturo Tiieras who is the Director for Policy and Planning of our office. who is a Marketing Manager from my shop, Joan Lane from the Tourism Department and myself. Mayor Ferre: Alright, further discussion on this? Mr. Castano: Mr. Mayor, the second proposal that came in we recommended in second place are here and they would like to address the Commission. Mayor Ferre: Alright, well, they're entitled to that. Who are the people that come... Mr. Castano: Jeff Weinstein from... Mayor Ferre: Mr. Weinstein? Mr. Catano, I thought that..,hadn't you bee introduced to the Commission before this time? Erll, I don't mean to in anyway reprimand upi or really your boss but I think that when important people come on board, Mr. Manager, it's essential that they go around and introduce themselves to members of the Commission. Mr. Castano: I don't think so, only informally. 92 NOV 9 191' Mts. Gordon: That'a attight, 1 just wanted to know his name. That's okay, Mr. Grassie: ? think Mr. Castano has visited with each member of the City Ccit rtiasiott, Mr. Cast:snot I've never met you formally in the Commission. Mayor Ferre: Oh., wc' L , I mean, have you gone around and introduced yottrRe t to Mrs. Gordon and to Father Gibson...? Mrs. Gordon; That's okay, let's just go on with the show. Mayor Ferre: Okay. Mr. Weinstein: Mr. Mayor, and fellow Commissioners. First of a11, I want to thank Mr. C:istano for giving me the opportunity. Mr. Mayor, since we were recommender second in the proposal, I would like to have the opportunity to speak for'you to get the reasons why we think that Currency Control should be considered for the hid on this Office of Trade and Commerce Development, so at this time I would like to have this opportunity to speak before you to give the reasons why. Mr. Mayor, we , Currency Control, is a full service advertising agency,as you know, the ad appeared in the paper for an advertising agency or a public relations firm. We are a full service advertising agency with our own camera ready stat machinery, art equipment, art directors, and so forth and so on. The only work that would be farmed out on this would be the actual production of the film and the printing of the brochures and so forth. We did make a presentation to them and at this time I would like to give to the Commissioners copies of our concept that we made before them concerning the film. If this would be agreeable I'd like to present this to each of the Commissioners at this time. Mr. Mayor,in addition to this, this is the igiskinitial concept of the film that we had proposed to the Office of Trade & Commerce IMP& Development , along with a package and brochure which we felt would be to the benefit of creating an image to the City of Miami for Latin American trade. The brochure, the film and the little packet with all the .inter-comingled so that it would be one complete package. We also had madeup the concept of the little pack of folders that they would be left with the various countries to promote tourism backing international trade, retail shopping, investment, our Rapid Transit situation, and so forth. We also have done work for the City of Hollywood and film work promoting. We did a film for the City of Hollywood, transportation and tourism,that is shown all over the country to promote tourism to the City of Hollywood area. We also feel that since it is an advertising and Public Relations Program, an advertising agency such as ours would be more beneficial than a public relations standpoint because of the brochure work, the film, the creative work, and so forth. I would like to also hand out these little pamphlets to you. In addition to these little pamphlets the 12-page color booklet which I have in my hand would be the main presentation along with the film. I didn't have enough time to make copies of each,for each of the Commissioners,but they cover the center of banking, financing, investments, varied *statistical data, the opportunities in retail shopping, our tourism industry, our transportation industry, our real estate and investment industry,. and also our industry such as the garment & jewelry industry, creating jobs and having various people come into the City of Miami for proper investment. We also put on the back page businesses that are already prospering here so that they can know what we're doing. We feel that as a full service advertising agency and the fact that we do have bi-lingual staff and a complete art staff department, we feel we can keep it under our control much easier. So at this time I would like to thank you very much. Mayor Ferre: Alright, thank you Mr. Weinstein. Alright, is there anything that needs to be said at this time? Now, what's the will of the Commission on item no. ?.4.._ Rev. Gibson: Mr. Mayor, let me ask a question. Sir, come back up here I want to ask you a question. Mr. Weinstein: Yes, sir. Rev. Gibson; I heard what you said but why do you think I shouldn't take his recommendation? Mr. Weinstein: Well, one of the main reasons is that we feel that we are an agency per se rather than, I know, that Evelio Ley is a very fine firm and a public relations firm. We just feel that with our presentation that we wanted to bring it before the Commission, as we did come in second,to present to you what we had in the way of concept and that we are in-house agency,as far as , being able to do everything within our own domain rather than farming a great deal of work out and we just feel that the quality of work is such that we feel we could do a better job.. 93 NOV 9 1978` IMENIIIII IIuIIuIIIIIIiIIIuIi.IIuIII1 Mayor tette: Alright, futthet questions, if not... Mt. Reboso: The City Manager recommends. I move it. Mayor Ferre: Alright, a motion... Mrs. Gordon: What is your motion Reboso? Mr. Reboso: The same thing that we have in front of tts. Mayor Ferre: Mrs. Gordon: Accepting the recommendation, is that it? Mr. Reboso: Accepting the promotion of the presentation, item 20`. Mayor Fevre: Is there a second? Mrs. Gordon: I happen to think this is a very excellent presentation. Mr. Castano: We fully agree we rated it number two, but we felt that the presentation by Evelio Ley was a better presentation and also came under less money. Mrs. Gordon: How much was it? Mr. Castano: Approximately $300 or $400.00. Mr. Weinsteih: Commissioner Gordon, I did not give a quote on it. The initial letter that I received said that the budget was $25,000. I informed them that I could not r' give an adequate quote without the proper information concerning the number of brochures that would be printed and needed, the number of photographs and the over- all impact which information was not given to me at that time, so therefore I did not give an estimate. I did inform Mr. Castano that it would be... there would be no trouble getting it within that $25,000 budget and chances are it would be less but I couldn't tell them how much less because I didn't have the pertinent information of how many brochures and so forth because I couldn't go to a printer and get an adequate price. Mrs. Gordon: Mr. Castano, the presentation that Mr. Ley has made,was he proposing a brochure in this type of...? Mr. Castano: Yes, ma'am, it was a extremely similar presentation and it's a brochure of a very fine quality and I can pass it on to you and the fold out leaflet and a 16 sma,8-minute film. The reason we feel that Evelio Ley came under the price is because we had to assume since we did not have a quote is that the maximum price for Courtesy Control would be $25,000 so we had to accept a full contract with a figure on it. Rev. Gibson: But sir, let me say, you know, I hear what you say and I can understand. I trust I could, but it would appear to me that if we were going to have 25,000 brochures we should say 25,000 and if we were going to have, see, let me say, I believe in hearing what the staff said, but you know when the staff leaves to me in this kind of a predicament I have some real questions in my mind, Mr. Grassie to you, you know, not to tell me that you're going to have 25,000 brochures leads me to believe that you may give me 15 and I need 25. Mr. Castano : That's correct. Rev. Gibson: And, let me tell you, unless you stipulate numbers, if I were the other man, I don't know that man, I don't the firm, I'm just talking in general. Unless you tell me numbers, I'm always worried about what happens. Mr. Castano : I agree Commissioner. The major considerations to put this in perspective is the major sonsideration for slection of Evelio Ley was the finer quality of -production, cost, this is to put it in perspective, cost was a second con- sideration. Nevertheless the cost for the printing is mainly in the actual color se- paration of the photographs and the design of the booklet. The amount of brochures influences the cost very little. We're expecting these firms to give us several quotations in different amounts of -bulk amounts. These people gave us no firm quotations, they gave us quotations for $25,000 so we have to assume they could do it within that and the other firm they gave us an actual price so we had to compare apples against pears. 4ev. Gibson: Aid you stipulate the quality of material? Mr. Castano creative way, in a creative bidding it's very hard to stipulate the quality -of when you... 94 Nov 9 1978 Rev. Gibson: Not tii.elding, not bidding, quality of material.. Mt4Casten()) r a quality or" the paper and so on, no, but it's very hard to do that if you're going ; o 111 crew+ '.ve you can't restrict firm that deals in that siii creation. Jf you ;i_re thigm the luali.ty of paper and the colors and so on then we might an WC i 1. do our own work and not contract someone with ideas and that's what we're buying From them;trieas. Mayor Ferre: What's the will of this Commission? We have a motion. Is there a second? 1'11 ask, do we have a 5.econd for the motion? Once... Mrs. Gordon: I think there'stoo many unanswered questions,Mr. Mayor,that seems to be concerning us over in the end of the table and I don't say that we wouldn't want to second that motion another time but I think at this moment in time I don't think th,i;: the price consideration on the second set of promotional materials has been det:ermioed?,apparently,of the supposition and other factors that have not yet'heen made conclusive, at least, not as far as I'm concerned. Mayor Ferre: What's the will of this Commission? Well, hearing in front of us... Mr. Reboso: How many people applied? From now on we can have everybody ... Mr. Castano : We went through a three-month process and we've interviewed people Mayor Ferre: Well, obviously this Commission wants to make these decisions and not you,so in the future you bring all these things ... Mr. Manager, you schedule them all before this Commission for this Commission to makeup its own mind on things, lioYou know, obviously what this says is that, you know, that there's no confidence in your recommendation period, that's exactly what's being said here. So in the future you just, you know,if it's 20 or 15 we're just going to have to sit through all these hearings and this Commission will have to makeup its own mind that's that. And as far as I'm concerned there's a motion here, there's no use in my seconding it because obviously it's a 2/2 decision, unless I can also rule that I'll bring it up for discussion tomorrow when we have a full Commission and if we get 3 votes out of 5 that's find, otherwise, let's move on if nothing else. Mr. Reboso: Let's put it for tomorrow at 9:00 o'clock. Mayor Ferre: Okay. As far as I'm concerned it's a dead item. THEREUPON THE FOREGOING MOTION TO DEFER ITEM NO. 28 to November loth Commission Meeting was unanimously approved by the members present. 43. AMEND MOTION 78-501 - INTERNATIONAL FILM FESTIVAL - BY AMENDING THE AMOUNT OF THE CITY'S CONTRIBUTION. • Mayor Ferre: Mr. Grassie: Mayor Ferre: We're onto now item 24, which is the Coconut... No, we've done 24. No, you've done that, sir. Have we done 25? Mr. Grassie: No, you have postponed that until tomorrow along with have finished your agenda at this point. Mr. Reboso: No, 28. Mayor Ferre: We have item 28. Mr. Grassie: I'm sorry that's true. I thought you had decided not to take that 14, You that up, Mayor Ferre: Well, we haven't voted on that. Now, what's the will of this Commission on item 28? Anybody want to make a motion on that? What's the will of the Commission on item 28? Hearing none the item is postponed until tomorrow and we will then take up tomorrow when we have a full Commission and see if we can get a vote on it. Okay? We ate going to have a long morning tomorrow. Is there anything else to come up before this Commission at this time? Mr. Manager, there are some correspondence that came from the Miami International., Greater Miami International 95 N 0 V 9 19713' Film Festival ohich.saymaThe Greater Miami International Film Festival Executive Committee' has gone to the County Commission to attempt to raise $12,50.0 matching funds required from the County. The County Commission has not granted that amount. Io view of the fact that the private sector has raised in excess of $200,000 in cash (and they have copies of all the people that have given them cast) ?;te thn Film Festival Executive Committee ;therefore requests of the city Commission that thn requirement of the final $12,500 matching fund be waived. " I' ll give you gay opinion, I think that's completely reasonable. Mr. Gcassie: Just to remind you where we're at,Mr. Mayor and members of the City Commission, you gave the Film Festival a conditional $25,000 based on their raising another $25,000 from some third unit of government, that is, third in additon to Miami Beach and the City of Miami. They have raised half of that from the State of Florida. They have not been able to raise the other half which is $12,500. They are uow saying that in view of the fact that they raised $200,000 from the cornet pity, from private donations, that they would like for you to waive the requirement on the $12,500. Mayor Ferre: Alright, what's the will of the Commission on that one. Mrs. Gordon: Seems like we're always asked to pick-up the bag for the County'. they don't come through and then we have to do it. Mr. Reboso: We are getting all of the publicity. Mrs. Gordon: We did that this morning. We have to do it again. Mayor Ferre: You're the member who sits on that committee,are you recommending this, if so, move it, or don't move it or... Mr. Reboso: I would recommend it Mr. Mayor, because I think the City of Miami is the one getting all the publicity, not Metro, not Dade County, and I thinkthe festival is going to be a success. Mayor Ferre: Okay, is that a motion? Mr. Reboso: I move it. Mayor Ferre: Is there a second to the motion? (repeat) (repeat) Hearing none the matter dies for lack of a ... Mrs. Gordon: Mr. Mayor, I understand there's a lot of pressure to move ahead. I again reiterate we're always picking up the bag for the County but this is a festival that's already here, it's arrived I don't see anyway we cannot continue it, so I'll second the motion. Mayor Ferre: There's a second on the motion. Further discussion on the motion, if not, call the roll. The following motion was introduced by Vice Mayor Reboso, who moved its adoption. MOTION NO. 78-713 A MOTION AMENDING MOTION NO. 78-501 PASSED AND ADOPTED BY THE CITY COMMISSION ON JULY 27, 1978, WHEREIN SAID CITY COMMISSION LISTED AS ONE OF ITS CONDITIONS THAT THE INTERNATIONAL FILM FESTIVAL OBTAIN A THIRD $25,000 GRANT CONTRIBUTION FROM A THIRD GOVERNMENTAL AGENCY, BY AMENDING SUCH CONDITION TO NOW READ $12,500 TO BE OBTAINED FROM A THIRD GOVERNMENTAL AGENCY. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES: Vice Mayor Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None, ABSENT; Commissioner J. L. Plummer, Jr. Nov 9 1978 4�• PERSONAL APPEARANCE BY REPRESENTATIVES AND EMPLOYEE MFMBEt;S OF A.F.S.C.M.E. LOCAL 1907 REGARDING PROBLEMS IN THE COLLECI'IVE BP1?.GAINING NFP,,OTIATIONS. Mayor Ferre: Mr. Grassie: Mayor Ferre: s there anything else to come before this Commission? That's the end of your agenda until 7:00 O'Clock. No, we now have the employees' union. Mr. A. G. Sherman: I woltld like at this time to ask anybody that is in the hall if they would come on in here and join us. Mayor Ferre: Ladies and gentlemen, let me first of all thank you for your patience. I know it was hard sometimes to keep quiet, through a lot of things that you have no interest in but we're grateful that you were nice and I thank you for it. Now, we're going to listen to you. Mr. Sherman: Mr. Mayor and members of the Commission, thank you for this oppor- tunity to address the Commission. My name is A. G. Sherman, I'm President of A.F.S.C.M.E Local 1907. I represent the General Employees of the City of Miami, 2200 strong. Before going into our presentation, on behalf of all our employees I would like to take this opportunity to give our condolences to Commissioner Plummer and his family on the loss of one of their loved ones. Continuing with our presentation on why we're here tonight, it has been since 1974 that the Gen- eral Employees have been able to negotiate a contract with the City of Miami. The last time we received an increase was in the 76-77 budget, it was 31% and this Commission approved and we received it last December. Even the distribution of that 31% retro was unjust. Some employees received as little as 2%, some re- ceived 5%. The direction of this Commission was that all were to receive 31%. Presently we're at impasse in collective bargaining. The stumbling block in our collective bargaining is the 5% salary adjustment which was put into the 77-78 budget and approved by this Commission. A11 labor organizations including, Fire, Police and Sanitation have received this 5% adjustment. The cost of living has increased since this period of time over 9% during that 12-month period. I'm here today with some of our City's finest throughout here to ask this Commission to listen to our cries of economic justice. We understand this morning during your Executine Session you were given some materials which we would like to clarify and correct as I believe it is misleading, the information which was presented. At this time I'd like to acknowledge Mr. Duke Schultz,who is the Regional Director for AFSCME International. Mr. Duke Schultz: Mayor Ferre, Vice Mayor Reboso, Commissioner Gordon, Commissioner Gibson, we come before you this evening to request that the City Commission honor its commitment to the employees of this City. I have, along with a contingent of City employees on a negotiating committee, sat before the Labor Relations Officer of this City for some six months now attempting to get what is a just, fair, and equitable settlement. We have attempted to bargain.... Mayor Ferre: Excuse me, I'm going to have to ask those of you that are in that press section, you're going to have to move out of there because it's not really fair to the press. That's strictly a television press area and I'll tell you, would one of you gentlemen be kind enough to give the ladies a seat here? And maybe you could move over to the end and let the television cameras, and lady, there is a seat for you right here. Mr. Schultz: Mr. Mayor, you're running this just like a union meeting, that's the way we run our union meetings. Mayor Ferre: Ok. That's it, move over a little would you please because a tele- vision area. Thank you. Now, Okay. Mr. Schultz: Thank you, Mr. Mayor. During the past six months during our nego- tiations we have from time to time heard the Labor Relations Officer of this City tell us and tell other folks that work for this City that it's the Chief Negotiator in the Negotiating Committee that is holding up your wage increases. We resent that. Today we asked for some of the employees from each and every department to come down here and to demonstrate to you that what we have been saying is the truth. These employees want a fair,equitable,decent settlement and we want it with dig- nity. Some of these employees, and they're virtually from every department in this City, some of these employees have been down here since 3:30 this afternoon; they 97' NOV 9 1918' cafled horde to their taffiilies, some had to leave to go home and eat dinner with their families, prepare dinner with their families and so forth and I thank each and..:everyone of them that are still here they're in the balcony, they're in the ,wings, they're in the stair wells, they're in the halls and they're in this Com= v\ission room and this proves what we have been telling the Labor Relations Officer of this Ci+4 for six months, the employees want a decent settlement, they're be- hi.od their Negotating Commitee and what we're hearing from the Labor Relations Officer of this City is not the truth. 01) We have continually attempted to ad- just our. ':rnands across the bargaining table. I'd like to read off just for a moment if I willbecause I have heard the rumor out in the work place is that the negotiating team is firm in their demands and they're just sitting there not doing anything. This was the union's counter -proposal on October 23rd, and I want to demonstrate to you what we are willing to drop and give up in order to get an equitable wage increase. (1) A three year retroactive contract to October 1, 1977, 5% retroactive which this Commission saw fit to tell these employees that they were going to get it: It was put in the budget, the budget was approved by this Commission I believe last October, October of 77. We have,to date,not received that increase. We also asked for a 6% increase now effective October 1, 1978 and a 6% increase the third year of the contract plus 10% in hourly rate of pay to employees who perform hazardous work and we identified some of them, I won't go into all of that. Holidays as they are now being observed and as shall be declared by Federal and State governments to be legal holidays. We proposed to drop the union's Article X, page 17, vacation as now being observed; seniority,as now being observed. Drop union's Article XIX, accept the City's proposal 12. Drop the union's Article XXII, drop the union's Article XXIII, accept the union's Article XVIII, principally a Labor Relations Safety Committee and who in good conscience can afford to drop that type of action? We also proposed to drop the union's Article XXXV, drop the union's Article XXXVI, drop the union's Article XXXVII, drop the union's Article,XX XVIII,c?rop the union's Article XL, drop the union's Article page 73 which with the exception that the union would have input in the setting of work rates for employees working at events held on City property - input, that's all. (No.17Arop the union's Article on stand-by electricians, drop the union's Article on page 77, Pension Matters and have them continue as they are. Accept the union's Article on page 44, Group Insurance. We have made many many, many concessio. These concessions we made in one session along with all the other concessions we have made. It is our understanding that as of this morn- ing during Executive Session there was an attempt to hoodwink this Commission, an attempt to make it appear that these employees have received two 31% increases and that is not so. (We have received one 31% increase, that was given to us in an unjust manner,not in accordance with the City Commission's mandate to the employees. Mr. Mayor, let me give you a copy of this. Any other Commissioner that does not have a copy of this? From 1976 to 1981 the Fraternal Order of Police, Lodge 20,would have received what they already have plus what they have signed a contract for which you have approved, 25.5% increase. Local 587,of the Interna- tional Association of Firefighters,from October of 1976 through the expiration of their contract which you approved today would have received a 25.5% increase. The f S.E.A, Sanitation Employees Association, since October of 1976 to October of 1979 have received a 12.3% increase and they return to negotiations in October 1979, that's when the contract expires. They'll begin negotiations this coming February. What we are here for this evening is to ask you to treat us no different than anyone else. I've made particular note, Mr. Mayor, of your comments regarding the boat show presentation about giving consideration to the largest boat show held in Miami and also the issue of equity. I'm sure you know that AFSCME Local 1907, your General Employees, your constituents, many of them here tonight,are the larg- est labor organization in this City and we also would like to be considered when it comes to equity. We're not asking nor do we think that this is the proper forum to negotiate a contract and we're not here in any way,shape or form to negotiate a contract. That should be done and will be done at the collective bargaining table but we have been told at the collective bargaining table that the 5% that you, the Commission, had set aside is not there anymore, that we might as well forget it - we're not going to get it - that there is no way,shape or form that we could ever recover that. That's what we're here for this evening. We are willing to accept exactly what the other two unions who have signed contracts, namely Police and Fire, we're willing to accept exactly what they signed for in the interest of equity - 5.5% October 1978, 5.5% October 1979, and 6% October 1, 1980. We're here to request that this Commission honor its commitment to the City employees. The City's Labor Relations Officer has some doubt in his mind whether or not the em- ployees are behind their Negotiating Committee, I hope that there is no doubt in the Commission's mind that they're behind us. All we're asking for here this even- ing, as I said before and I want to repeat it because we are very emphatic about it and we certainly hope that you will give your utmost consideration to our request. We are asking for the 5% that you approved in the budget for pay raises for the 2,200 General Employees of this bargaining unit. We did not get it last October because there were two factions in this City. There was the GEA, General Employees NOV 9 1978 §dti.tion,and A'SCME 654, Sotne of you of the Commission told us, "Why don't yoti folks get together and have a meeting of the minds?" We did. An election was held. In this entire City of 2,200 employees only 28 employees cast a vote tat: "No" for al:filiation, t.her.eby we affiliated into one organization and we stand today mit:id behnd that one organization. What we're asking for is the St. If you 4o not have the money now 'OP ere willing to accept some sort of adjustment over the .next three ye&,,:F . The;_e are many options and ways we could adjust re- oeipt of this 5%. We .:r. ld either sign a one year contract today or this week or next week fruit 1977 to 'Th;tc er 1, 1.978 granting the 5% and then get down to the three-year contrc,ot ;gearing in mind that 2ERC, Public Employees Relations Commis- sion has a mandate of a three year limitation on contracts or we are willing to adjust the 5.5% and 6% adjustments to compensate for the inequity that we have not received in our pay checks. That's why we're here this evening. We're here to answer any questions, we want the 5% retroactivity, we are asking in all fair- Hess, in dignity and equality that we get no less than any other group of employ- ees .in this City. I thank you very much. Mr. Sherman: Mr. Mayor, just in closing I'd like to thank this Commission for hearing the employees. For so long they've been unheard and I'd like to thank all these people out here tonight, it's the first time I've seen unity in many years among the City cmployees. I know it will continue and I want to thank each and every one of you for coming out, it means a lot to you and your families. Thank you for the patience and the time you've given. Mayor Ferre: All right, thank you very much. As I told you this morning when you came to my office to talk to me, that the City Commission is not going to put it- self in the posture of negotiating any of these contracts because that's not what we have to do and I'm glad you recognized that this evening. Mr. Schultz: Yes we do, Mr. Mayor. Mayor Ferre: Is there anything else the Commission wants to say at this time? Mrs. Gordon: Just this one little point that needs to be clarified, and I'd like to ask you, Mr. Grassie, about it. That is that diagram that I have here which indicates a 31 and a 31 led me to believe that there was a granting of the 31 in each of those two years. Was that intended? I'm sure you didn't intend it to deceive us but on the other hand that's what it did. Mr. Grassie: Your remark assumes.... Mrs. Gordon: I said you didn't do it to deceive us. Mr. Grassie: ...that the chart is wrong, and I think that that is incorrect. Mrs. Gordon: It wasn't clarified. Mr. Grassie: Your assumption is incorrect. What that chart says in black and white is exactly what happened. What happened is two things: (1) the employees received a lump sum which was granted in exactly the same way as the sum was granted to the Sanitation Employees and that lump sum on the average was 31%. That was to compensate for the retroactive aspect of their pay. In addition to that all of their pay went up by 31%. Mrs. Gordon: In the year of 1976. Mr. Grassie: No. Mrs. Gordon: Yes. Mr. Grassie: In October and November of 1977. Mrs. Gordon: Yes, I just need to know because you know when we come and meet with you again I don't want to ,you know ,have to be concerned that I'm not getting the whole picture. Mr. Grassie: Well this, Commissioner, is a question of fact. You know it is simply a question of going back to the payroll for that month and determining what happened. Mrs. Gordon: Okay. Mr. Sherman: May I answer that, Mrs. Gordon, to clarify this because I think once again it is misleadinc (1) on the 3A% which was given October 26, 1977, it was for the previous year of the 76.-77 budget, Now, i started lobbying before this 99 NOV 9 1978 Cofflblasion in June of 76 for that money but because of the prolonged period of the adoption of the budget it wasn't approved until October 26th, we were given the 3noney in December of 77. All right, why doesn't it show on your chart, Mr. Grassie, if you just told Mrs. Gordon the lump sum of 31% and then you bring it over to show that 31% once again is carried into their pay checks, picked up at that period? Why doesn't it reflect up under Lodge 20 or Local 587 the same amorr:t? Their's was carried on after that period. It's not drafted as our pro- jecti.un as on your sheet. You should have had the 31% and the 5 going on across or billed in t0 8 1 % and show what they were then receiving but you didn't, you left it at 5% and threw it on off because that's what they did receive. Mr. Grassie: Mr. Mayor and members of the City Commission, the facts with regard to what happened are simply a matter of public record. Okay? Now it seems to me that the simple way of determining this is to get to that record and see what it shows and I would propose that we do that. Mr,, Sherman: We can answer it. My final question is in 76-77 how much did Fire and Police and Sanitation receive? 31% it shows here. In 1977-78 how much did Fire and Police and Sanitation receive? 5%. What did General Employees receive? Zero. The 31% was carried right on over. We don't disagree with the City Manager and say that we did not receive the 31, we did but only one 3/. It was picked up retroactively for 76-77 and it carried over into 77-78 and then in 77-78 the budget adoption was 5% for Fire and Police and Sanitation, they received it - we have not received it. It's that simple. Mayor Ferre: Well you know it's a very simple yes or no question. I think the question is this chart shows that, let's take Lodge 20, FOP,which received 31% and then 5% and the 31% isn't shown as carried through because that's obvious, I mean once they got that raise.... Now, down here,Local 1907 AFSCME,it says 31% lump payment and then for the year 77-78 it says 31%. Mr. Grassie: That's correct. Mayor Ferre: That's the same 31% . Mr. Grassie: No. They got one lump payment and in addition to that their wage rate went up by 31%. Mayor Ferre: Okay. (PROTEST FROM AUDIENCE) Wait a moment. Okay. That's fact- ual, I understand what you're saying. There was a 31 lump payment period. And then there was a 31% so in effect the only thing that really has been raised other than the lump payment has been 31%. I understand. Mr. Grassie: Well now, I trust Mayor Ferre: And it says so very clearly. Mr. Grassie: I trust that we understand that that's the way everybody gets their increase. The 5% that the Police gets the 5% that the Firement got is exactly the same way. Mayor Ferre: No, because they did not get a lump sum. Audience: Right. Mr. Grassie: The percentage increases were given in exactly the same way as the 31% was given to the City employees. Mayor Ferre: Mr. Grassie, I understand completely and I see that what he's saying is factually so. Mr. Schultz: The chart depicts that we got two 31% increases. Mayor Ferre: No, I'll tell you why it doesn't. Because it says very clearly in English, if I understand it, lump sum payment and then it has in parenthesis $411 average. It specifically says it is a lump sum payment. Mr. Schultz: Yes, that was the 31% retroactive that the Commission authorized and instructed the City Manager to pay. !Mayor Ferre: I agree with you, I understand what you're saying. Mr. Schultz: All told. We received one 31% increase, the FOP received one 31A% increase, the Firefighters received one 31% increase and the Saniatation Employees received one 31% increase. 100 Mayor Ferret f understand. Mr. Schnitz: We've not here to bargain, We're here to €:sk that the City Cot11tiia-- sion this ::veni.ng instYuot the city tabor Relations Department through its City Manager to grant us the 5% rettoartive money that you approved October, 1977 to be in the 197 7-1978 bu'kk; ";. Thrt' 3 aJ l we're here for. Mayor Forre: Did you yet the 31% that was granted, not the .lump sum in 76 but the 34% that begins on this :hart_ on 12/77 and runs through 10/78.. Mrs. Gordon: Maurice, that's not so. That was just one 34%, it was 4/11 aria it is all one in the same. Mr. Sherman: ... one 31% raise. Mayor Ferre: Lump sum? Mr. Schultz: No, that 31b that you're talking about, Mayor, that was granted 12/77 and shows through 10/78 was on 10/76 wages. It was retroactive. Mayor Ferre: That continues today? Mr. Schultz: Absolutely. And it also continues today for the FOP. Mayor Ferret Right, except that in the FOP's case it was 5%. Mr. Schultz: In addition to the 31%. Mayor Ferre: Oh, I understand. APPLAUSE FROM AUDIENCE. Mayor Ferre: I didn't understand, now I understand. Mr. Schultz: Mr. Mayor, as I started out earlier my comments, I believe the Commission was attempted to be hoodwinked over this 31%. We have had one 31%, the lump sum which was not an actual 31% increase. It was a conglomeration of an attempt at a 31% increase and the attempt at that 31% increase was as cumber- some as the explanation on this chart that is before you today. APPLAUSE FROM AUDIENCE. Mayor Ferre: I told you this morning, and I'm going to repeat it again to you now for the third time: I don't know about the rest of this Commission, I speak for one person here, that's me. I'm not about to get involved in a negotiating pro- ceeding with you in front of 400 people. Okay? I'm just not going to do it and you just don't have my vote. Do you understand? I want to make it very clear You do not have my vote this way: Okay? Mr. Schultz: So we both have an understanding, Mr. Mayor, we do not have your vote on what? Mayor Ferre: I'm not going to sit here in front of 400 people and negotiate with you a contract. Mr. Schultz: Well, I made that very clear. I will repeat it. We are not here for.... Mayor Ferre: You want to talk? Listen, there was a time here when things were very different. Mr. Schultz: Yes, sir. Mayor Ferre: There was a time here in the last ten years that I've been on this Commission but now there is a union. That's fine. I'm a full believer in that, I think it is the best thing that has happened to the employees of the City of Miami is that you have strong union representation and that's terrific. But I want to tell you something. You see, you represent the employees - I don't repre- sent the employees - he doesn't represent the employees. Mr. Schultz: We know that. Mayor Ferre: And he doesn't represent me. Okay? He doesn't represent me. The Manager represents the administration. That's his job. Okay? And Dean Mielke and these other people work for him and you work for them. I work for the people of the City of Miami.01 W78 �D NOV 9 (j� lee Schultz: Right hef'e. Mayor Terre: I've said my piece: Mr. Schultz: May I introduce you to out bef etS# your etitiployees and your cohsti, tuents? Mayor Ferre: All right, wonderful. Mr. Schultz: Now the only question we're here for today, and we've gone into all this rhetoric clearly for the one specific purpose and that is to clear up the attempt to hoodwink the Commission or hoodwink whoever or whomever would read that. Mayor Ferre: That's valid and I agree with that completely. I agree with your right to do that. Now, whether or not there was an attempt to hoodwink is some- thing that is subject to interpretation but... Mr. Schultz: That is my opinion. Mayor Ferre: But I see your point and I'm going to tell you this- Joe, I've got to completely agree that this is a misleading document. Mr. Schultz: Thank you, sir. Mayor Ferre: Now I've got to say that. Mr. Schultz: Mr. Mayor, all we're asking for her this evening, we will put all collective bargaining at the bargaining table where it belongs. All we're asking for here this evening is for the Commission to honor it.; commitment, honor its intent and honor its loyalty to the employees and agree and instruct the City Man- ager to include the 5% retroactive pay. We don't care how it is it.cluded, we're willing to negotiate that method at the bargaining table but that seems to be some sort of an escape clause that this administration has held over our heads for the past six months and they're dragging their feet. We have been at this table, as I said, for six months. There are still unresolved issues here. This is what is holding us up. If we can get this we can have a collective bargaining agreement and have a celebration in this City. Mr. Sherman: Mr. Mayor, at our last Negotiating Committee - before I can inform the Commission exactly how the negotiating is going - one of the last comments we heard was that the Commission was going to approve Fire and Police contracts today. Mayor Ferre: We did. Mr. Sherman: Fine. And right after that time we were told by the Labor Relations and the Chief Negotiator for the City that he was going to turn around and give all of his confidential, managerial and administrative people a substantial raise and that we'd better go ahead and sign off, there's not going to be anything left for us. Now if that's not coercion I don't know what is. But you know it doesn't sound like to me it's bargaining in good faith. Mayor Ferre: Look, these guys, as I said before, the administrator represents the administration. He doesn't represent me. Mr. Sherman: It seems to me Labor Relations is to represent labor and the employees. They are there to.... Mayor Ferre: You've got labor on one side and you've got management on the other side and this board here sits as a policy setting board representing the people of the City of Miami. Now, eventually it becomes our roll to pass judg ment as to whether or not we agree with what has been negotiated but I don't think it is our roll to negotiate any of these things. Mr. Sherman: I agree, Mr. Mayor, and what we're asking is the opportunity to negot- iate for these things instead of going in there .... Mayor Ferre: Absolutely. Mr. Sherman: ...and having a complete absolute rejection of everything that I say. Mayor Ferre: I think you ought to have that opportunity. Mr. Reboso: Mr. Chairman, i think the City Commission at this time has a pretty good clear picture of what is going on. I think if you go ahead and negotiate now it is the best way to solve the problem because at this point we know exactly which 1e') 1 MEM MEN MEM MEN MEM MEM MEM WVy yo,i think, which way the administration isthinking and t atti pretty Sure that pie ran reach an agrePmrnt. M. ShPrraan: That's all we ask, Mr. Reboso. Mt•s. Gordon: Mt. Mayer, I appr.E•c.isto Mr. Reboso's comments but 1'd rathet hear W. Gr . ssie .,ay these words. Mr. Grassie: You're not going to hear me say them, Cofmnissioner. Mrs. Gordon: Okay. Mar. Grassie: Let me make one point clear - that chart is not deceiving. tow.4: Mayor Ferre: It's confusing. Mr. Grassie: One thing that we need to keep in mind is that the easiest thing for us in the administration to do would be to give everybody 20% increases. Now you as an elective body cannot afford that, our citizens cannot afford that and what we're in the process of doing is trying to achieve some kind of equity for our employees. Now this is a lot of fun, this process and you know we make our- selves feel better but the fact of life is that on the record we can demonstrate exactly what has happened with regard to those 31% increases. We are going to do that and after we do that we're going to be back in the negotiating process and I would hate for anyone to leave here today thinking that my posture has changed with regard to that process. Mayor Ferre: Mr. Grassie, nobody is precluding you ,as nobody is precluding the the union, from the right of sitting down at a bargaining table and coming up hope- fully with a successful conclusion of this. I'm sure this will be back before the Commission, I hope it will come back happily, that you'll all be smiling and that you'll be smiling and I look forward to that day and I thank you very much for your patience tonight and I'll see you then. Mr. Schultz: Mr. Mayor, with one final question, please. Was it in October 26, 1977, I believe it was, the intent of this Commission to grant a 5% increase and build it into the budget for these General Employees? Mayor Ferre: I think we voted for that. Mr. Reboso: Yes, it was. Mayor Ferre: We voted, we absolutely voted. Mrs. Gordon: It was included. Mr. Schultz: Have you changed your mind? Mayor Ferre: No, sir. Mrs. Gordon: I haven't. Mr. Schultz: Thank you very much. Mr. Grassie: That's not what you voted! There being no further business to come before the City Commis- sion, the Regular Meeting of the City Commission was adjourned at 7:10 O'Clock P.M. ATTEST: Ralph G. Ongi.e CITY CLERK Mat.y H ttaL ASSISTANT CITY CLERK 103 Maurice A. Fenke MAY 0 R NOV 9 1978 d MOR im mow RNA ITEM NO 1 2 3 4 5 6 7 8 9 10 11 12 13 CITY OF MAMI DOCUMENT INDEX DOCUMENT IDENTIFICATION COMMISSION AGENDA AND CITY CLERK REPORT AMENDING SECTION 1 OF ORDINANCE 9719, ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT APPROPRIATIONS ORDI- NANCE. AMENDING SECTION 56-45.1 OF THE CODE OF THE CITY OF tUAMI AUTHORIZING THE CITY MANAGER TO ENTER INTO A COLLEC- TIVE BARGAINING AGREEMENT AND BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE INTERNATION- AL ASSOCIATION OF FIREFIGHTERS, AFL-CIO, LOCAL NO. 587 AUTHORIZING THE CITY MANAGER TO ENETER INTO A COLLEC- TIVE BARGAINING AGREEMENT BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE FRATERNAL ORDER OF POLICE, LODGE NO. 20. RECEIVE, OPEN, READ AND REFER TO 777, CITY MANAGER FOR TABULATION AND REPORT BIDS Ai r'.7nRIZ,ED TO BE RECEIVED THIS DATE UNDER RESOLUTION NO. 7$..701 FOR THE SALE OF $6 , 000 , 000 SANITARY SEWER SYSTEM 73(1'v )5 . AUTHORIZING THE CITY MANAGER TO EWER INTO THE ATTACHED AGREEMENT WITH ALLEN POMS FOR HIS SERVICES AS A RESIDENT ENGINEER AUTHORIZING THE CITY MANAGER TO PURCHASE IN LIEU OF CONDEMNATION, A DUPLEX COMPRISED OF A LAND AREA OF 6750 SQ. FT. APPOINTING AND DESIGNATING CO MESSIONER J.L. PLUfMER, JR. TO SERVE AS THE CITY'S VOTING DELEGATE IN CONNECTION WITH THE COCONUT GROVE ARTS FESTIVALS, ON FEBRUARY 16, 17 AND 18, 1979, CLOSING CERTAIN STREETS TO THROUGH TRAFFIC ON SAID DATES DURING SPE- CIFIED HOURS AND ESTABLISHING A PEDESTRIAN MALL. WAIVING ONE HALF OF THE RENTAL FEE FOR THE USE OF BAY - FRONT PARK AUDITORIUM ON DECEMBER 17, 1978 FOR A FASHION SHOW SPONSORED BY THE MIAMI COMMUNITY POLICE BENEVOLENT ASSOCIATION. AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO VICTOR BROWN, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF NINE THOUSAND DOLLARS ($9,000,000), IN FULL AND COMPLETE SETTLEMENT OF HIS CLAIM AGAINST THE CITY OF MIAMI WAIVING COMPETITVE BIDDING FOR THE CONTINUATION OF SUSi'EMATIC MAINTENANCE AND EMERGENCY SERVICES FOR THE EXISTING INTEGRATED PROTECTION SYSTEM AT THE CITY OF MLAMI POLICE STATION AND FACILITIES. MEETING DATE: November 9, 1978 COMMISSION ACTION R-78-683 R-78-684 R-78-686 R-78-687 R-78-688 R-78-689 R-78-690 R-78-691 R-78-692 R-78-693 RETRIEVAL CODE NO. 0045 0046 0047 78-683 78-684 78-686 78-687 78-688 78-689 78-690 78-691 78-692 78-693 NEMEC MMIE ■ DOCUMENTIINDEX TEM NO. DOCUMENT IDENTIFICATION Cb%MISSICN ACTION RETR I EVA L CODE NO. 14 15 16 17 18 19 20 21 22 _i 23 ■ 24 25 26 ■ ■ ■ ■ ■ ACCEPTING THE COMPLETED WORK PERFORMED BY D,M.P, CORPORATION AT A TOTAL COST OF $52,944.55 FOR THE N.J. 19 AVENUE COMMUNITY DEVELOPMENT PARVING PROJECT. AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT TO RETAIN FRANK J. COBO AS ADMINSTRATIVE ASSISTANT TO MAYOR MAURICE A. FERRE, FOR THE SUM OF $1.00 PER YEAR. AUTHORIZING THE CITY MANAGER TO EXECUTE A QUIT -CLAIM DEED RELEASING A 20-FOOT EASEMENT THROUGH LOTS 12, 13 AND 14 OF SNUG HARBOR. ACCEPTING THE BID OF D.M.P. CORPORATION IN THE AMOUNT OF $28,787.00 FOR ROBERT E. LEE-BALLFIELD DEVELOPMENT ACCEPTING THE BID OF MILEO PHOTO SUPPLY FOR FURNISHING PHOTO LAB EQUIPMENT FOR THE DEPARTMENT OF POLICE; AT A TOTAL COST OF $6,194.35 ACCEPTING THE BID OF DICTAPHONE CORPORATION FOR FUR- NISHING ONE 4 CHANNEL TUGGING TAPE RECORDER/REPRODUCER FOR THE CITY CLERK; AT A TOTAL COST OF $5,697.84 AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO MARINE FRAGOS AND OTHERS THE SUM OF FIFTY THOUSAND DOLLARS ($50,000.00) UNDER THE TERMS AND CONDITIONS AGREED UPON IN FULL AND COMPLETE SATISFACTION OF THE JUDGEMENT ENTERED IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR DADE COUNTY AWARDING $6,000,000 SANITARY SEWER SYSTEM BONDS. AMENDING 1 OF RESOLUTION NO. 78-620 BY REDUCING THE ALLOCATION FOR COCONUT GROVE FAMILY CLINIC FROM $100,000 TO $10,000 DECLARING VACANT THE POSITION OF MEMBER OF THE CITY OF MIAMI PLANNING ADVISORY BOARD, HELD BY ISIDRO C. BORJA, DUE TO DISCONTINUATION OF HIS RESIDENCY WITHIN THE CITY CONFIRMING ORDERING RESOLUTION NO. 78-610 CONFIRMING ORDERING RESOLUTION NO. 78-611 APPROVING THE MIAMI CAPITAL IMPROVEMENT PROGRAM 1978-1984 IN PRINCIPLE; AND DIRECTING THE PLANNING DEPARTMENT TO REVISE AND UPDATE IT ANNUALLY FOR SUB- MISSION TO THE COMMISSION R-78-694 R-78-695 R-78-696 R-78-697 R-78-698 R-78-699 R-78-700 R-78-701 R-78-707 R-78-708 R-78-709 R-78-710 R-78-712 78-694 78-695 78-696 78-697 78-698 78-699 78-700 78-701 78-707 78-708 78-709 78--710 78-712