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HomeMy WebLinkAboutCC 1978-10-24 MinutesOF MIAMI if COMMISSIO MINUTES oF MEETING HEIR ON OCTOBER 24, 1978 PREPARED 8Y THE OFFICE OF THE CITY kK _CITY HALL RALPH G. ONGIE CITY CLERK ■ ■ • , FEN NO, 1 • • • SIcINMIA"iI,tF1DRtIlA .SUBJECT Personal Appearance: Guy Bailey concerning 'Ball Point Property". 2. Phase I & II - Rapid Transit Interface and Downtown System. OND READING ORDINANCE: Amend Section 2-24 of the City Code -- Provide Fee for Reproduction of Plans, Records, Maps, on File with Building & Inspection Dept. 4. Authorize City Manager to Accept Contributions of Money or Property for Sponsoring: "Trade Fair of the Americas - Export 1979" - Establish Trust and Agency Fund. 5. Advance $350,000 from Convention Center Fund to "Trade Fair of the Americas" Export 1979 Trust and Agency Fund. Fix Details: $6,000,000 - Sanitary Sewer Bonds; $5,000,000 - Street & Highway Imp. Bonds; $5,000,000 - Storm Sewer Imp. Bonds; $2,250,000 - Fire Prevention Rescue Bonds. 7. Official Statement: Approve Sale of Bonds: $18,250,000 8. Appointment - Stephen M. Davis to Environmental Preser- vation Review Board. 9. 10. 12. 13. 14. 15. 15. 17. Acquire Fee Simple Title: Property for Construction of Fire Station I/4. Authorize Execution of Contract: Dr. Ernest R. Bartley - Revision to Comprehensive Zoning Ordinance. Accept Grant: U.S. Community Services Administration "Community Economic Development Project". Negotiate Contract:"Coconut Grove Parking Study" - Professional Consulting Services -Joseph E. Rice/Russell, Martinez & Holt/ First Research Corp./ Forti Engineering Provide Funds for: Dade County After School Program 1/12th Funding. Provide Funds for: . Dade County Community Schools thru December 14th. Discussion Item: School Resource Officer Program. 1/12th Funding F.R.S.F: St. Lukes Overtown Day Care, First United Methodist Church, Industrial Home for the Blind, Douglas Gardens. Emergency Ordinance: Establish New Trust 6 Agency Fund "Trade Fair of the Americas -.Export 1979". INANCE Of j SOLUTION NO Mot. (See Res. Mot. (See Res. 78-656 later 78-670) 78-657 later 78-671 Ord. 8866 Res. 78-658 Res. 78-659 Res. 78-660 Res. 78-661 Res. 78-662 Res. 78-663 Res. 78-664 Res. 78-665 Res: 78-666 Res. 78-667 Res. 78-668 Discussion Res. 78-669 Ord. 8867 PAGE ND, 1 - 7 7- 14 15 16 17 18 18 - 19 19-20 20-21 21 - 22 22 23 - 27 27 - 28 29 - 32 32 - 33 33 - 34 35 1B. tt*P5SCEFIZVARIDA S ACT Discussion Item: Proposed Ordinance Defining Geographic Patterns to be Based on Historic Neighborhoods - Enlargement of City Commission. 19. Mi.scellnaeous Discussion Item: Florida League of Cities Convention; Tent over Patio Area of Dinner Key Exhi- bition Center; J. L. Plummer Elected as President of Florida League of Cities. 23. Urge Florida League of Cities to File as Amicus Curiae - Case No. 51-775 City of Miami Vs. St. Joe Paper Company. 21. Discussion Item: City Manater To Dis Enclosure of Cir-:er Key Exhibition Hall; Patio Area with Major Users of the Facility. 22. Hegiestt Metro Dade County to Study Alternatives 2 & 3 Alternative Alignment Study - Rapid Transit. 23. Appointment: E.C. Abbott and Richard Pallot - Ecology & Beautification Committee. Brie`. Discussion and Temporary Deferral: Platting RcSi:ire:nents for Church. 25. !^u;,ccllane0us Discussion Items: Southern Bell Franchise Groundbreaking for Convention Center; Day Care Centers. 26. Waive Platting Requirements - Home for Elderly " El Re - tiro Carroll" - Subject to Request of Public Works and Building Departments. 27. Personal Appearance: Jerome Bain Regarding Use of Rail- road R.O.W. and Streets During Construction of 22nd Avenue Highway & Storm Sewer Improvements. Proclamations, Plaques, and Special Items. 0 24. 9E1 �C OWTI UN No. 2d. 1 49. Committee Report: Colonel Mitchel Wolfson; to Resolve Problems of Sale of Beer in the Discussed & Temporarily Deferred. 3(, Confirm Assessment Roll: Baycrest Highway Improvement H-4373. Committee Orange Bowl; 3:. Committee ReporColonel SaleMitchell BeerWinfthe Oza�ngetBowl. to Resolve Problems 32. Personal Appearance: Group of Citizens Regarding Lack of Promotions of Minorities in the Police Department. Discussion 33. Personal Appeaance: Morty Freedman - International Folk Festival '79 - Approve Budget as Requested;Authori- ty Transfer Line Items;Waive Fees Bayfront Park Auditorium. Discussion 1 PA;£ N:), 36 - 35 38 Res. 78-670 139 Discussion {40 Res. 78-671 40 - 41 Res. 78-672 41 - 42 Discussion 42 Discussion 42 - 44 Res. 78-673 44 - 45 Discussion 45 - 54 Presentation 155 Deferred 155 Res. 78-674 Discussion Discussion 55 - 56 56 - 65 65 - 70 Mot. 78-675 Mot. 78-676 71 - 77 Mot. 78-677 • HI4UTES Of REGULAR MEETING OF THE tY COMMISSION OF MIAMI, FLORIDA s'; s 3t t't s4 st s't s (fin the 24th day of October, 1978, the City Commission of 'Miami, Florida, met at its regular meeting place in the City Halls 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 9:10 A.M., by Mayor Ferre With the following members of the Commission found to be present: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice Mayor Manolo Reboso ALSO PRESENT WERE: Joseph R. Grassie,City Manager R.L. Fosmoen, Assistant City Manager George F. Knox, City Attorney Ralph G. Ongie , City Clerk Matty Hirai, Assistant City Clerk ABSENT: Mayor Maurice A. Ferre An invocation was delivered by Reverend Gibson who then those present in a pledge of allegiance to the flag. A motion approving the minutes for the meetings of September 13 budge-t Hearing and September 14 Regular Meeting was introduced and seconded and was passed unanimously. PERSONAL APPEARANCE: GUY i3AI LEY COrtCERU ING "BALL POINT PROPERTY" Mr. Plummer: Mr. Vice Mayor, I think for the record, it would be proper that you explain the Mayor's absence. Mr. Reboso: Yes, the Mayor is on trip to Europe representing the President of the United States and won't be back until November 7th, then he's leaving again November llth and will be back December 2nd,so he won't be here today in the City. The first item we have is... is Mr. Guy B. Bailey, Jr. present,please? Mr. Bailey, Jr.: Good morning, Vice Mayor, members of the Commission. Guy B. Bailey, Jr., the firm of Bailey 6 Dawes. With me is Jesse Jones of our firm and I'd like to give you a report. Jesse Jones.- I'd like to give you a report on the status of our case before the Florida Supreme Court. On the evening_ of October 5th, a newspaper reporter called me at home and asked me what did I think of the decision of the Supreme Court basically refusing to hear the City's case on St. Joe Paper Company and Ball Point Land, and since I had not yet learned of that decision and did not learn of it until in fact officially for another 5 days I could only tell him that I couldn't comment on it and that my reaction was that we would probably if they did what he understood they had done probably be taking it to the United States Supreme Court. I did receive the opinion and I have given you each a packet of photostatic documents. Some of these are photos or printed briefs that were filed and I have tried on each occasion to send you a copy of the printed brief but I know you have ten million papers and you probably don't have them anywhere nearby but on top of this packet is a petition for rehearing that is being filed this morning in Tallahassee, beneath that in reverse order or the second document is the opinion by the Supreme Court it's a 15 page opinion authored by Mr. Justice Adkins. The bottomline of the opinion is not good and I guess I can say to you at this point the only thing I think you've done a good job on in this case is the pre -arrangement with me because you haven't had to pay very much money and I've got about 3,000 hours prosecuting this. I do not think it's over yet•aitd as a motion for rehearing indicates and OCT 241978 1411 otplain to you a little further but the bottomline of the opinion by Mr. Justice Adkins on page 15 recites his holdings. "They hold the Marketable tecotd Title Act is constitutional. They hold the City is not an agency of till state and does not stand in the place of the state under that act. And, then they hold a wild or interloping deed may constitute a root of title." Nov these arl all terms of art and I don't think you want me to try to give you something in the nature of a legal lecture but T will tell you very briefly. The Marketable Record Title Act was passed in 1963 and it said basically that any title transaction, that is quotes which had been of record for more than 30 years would validate and completely cure any title defects, that whoever had a root of title 30 years before and had been of record all that time despite the fact that he hadn't paid for it and anything else that might be wrong with it it was his. There were several provisions in that statute for attempting to confirm in the real owners of land some right to keep it. You had two years in which you could have filed a piece of paper defining the additions and notice that we own this property. Ultimately, the Supreme Court of Florida has held that the Crty was on notice of that statute in 1963 and had until 1965 to take action to perserve it's right in the Ball Point Property. Our position and the reason this dispute about wild deed comes up was that we needed two forms of notice. First that the statute had been passed and that we had to take action uneer it. Basically, we did not argue that because it's pretty much obviously true. but secondly that something else had to happen to trigger that statute and that was that some valid title transaction legitimately of record giving the City notice had to be filed. Until this decision by the Florida Supreme Court it has never before been held in Florida that a wild deed that's the deed where I don't own the property but I give you a deed to it for no money or whatever and you might pay me,but I give you a deed to property I don't owe and put it of record. No prior title shown in the abstracts of title. Never before has that been held to be notice of anything, and we argued to the court that that was not a triggering of the statue . We knew the statute was there but we didn't know that we were in any danger under this statute. They have disagreed with that position. We had another way out of the statute and that was, there's a proviso in there that an agency of the state is not bound by the Marketable Record Title Act very specific language in there. There are a number of cases holding the under certain circumstances a City of Florida is an agency of the State and we cited those cases and urged them on to court. We also urged that this land is sovereignty land. It was given to the State of Florida by the United States Government as part of the admission to the union of the state that this was to be held in trust for the people of the State of Florida, that the State has no right to give away land it holds under a Public Trust and that any attempt it has to give it away is ineffective. Now, you will not see in this opinion in all 15 pages any reference to that point. You will sec at the bottom on page 15 the words," The writ of certiorari is discharged." That means they did not reach the issue which we were urging on them which was that this was sovereignity land, public trust land and could not be alientated by the State of Florida. They just said it was given to the City and therefore it ceased to be sovereignity land. We cited to them about 6 or 7 cases, indeed, all of the cases that we can find on this subject all of them support the position that dispite a transfer to a municipality that land is still sovereignity �► land it does not lose its nature as public land. There is 'silence on this point in the opinion. There was silence in all the briefs on this point in the opinion. Hence, we have filed this motion for rehearing it takes you back to the top of this little packet that I have given to you. Let me explain to you what happened in this case. After the third district court of appeal certified the matter to 'the Florida Supreme Court as a question of great public interest,Counsel for St. Joe Paper Company sent a letter to the Florida Bar,to the section having to do with real property. That section had been instrumental years before in the passage of the Marketable Record Title Act and they answered the call and came in with amicus curiae brief in the Florida Supreme Court opposing the City's position. So we had a section of the Florida Bar come in. We dealt with those briefs and responded to the arguments that they made which were not essentially different from those which had already been made but a section, that is a sub part of the Florida Bar came in purporting to act for the Florida Bar and purporting to act on behalf of all the lawyers of this State and opposing the City's position.. Subsequently. actually this case was argued on September 23,1977 before a full Supreme Court then including Justice Yarl,who later resigned and Justice Aldercan came on later on. The case vent on so long and nothing happened that we asked for a new oral argument with the panel including Mr. Justice Alderman, who had not heard oral argument before, that vas denied. When Governor Askew called a special session of the legislature on the very question of sovereignity lands it appeared to me that there was a great furor about protecting the very kinds of lands we're dealing here with that is public trust lands.And,I made a mistake and I confess to you that I made a mistake. I should stay iu my own arena. I am not versed in politics and I thought that the Governor of the State of Florida for whom I have 2 OCT 241978 the greatest personal tespect would come in and help the City of Miami since this was, it seem to me public versus private issue and that the St. Joe Paper Company had not paid for the land or at least had gotten good title to the land in 1944,they had gotten it just by creating it on a piece of paper. The Governor's Office and the Attorney General's Office then agreed that they would come in and sought and recoived leave from the Florida Supreme Court to come in as amicus curiae. All of my conver_r.atinns with them and they hired two outside counsel two outside law f tms other than their internal counsel to help them on this. One was Beckham & Mc Aliley and prudential firms here in Miami and the other I learned to my personal chagrin was the firm in Tallahassee of former Suprete Court Justice B.K. Roberts. These gentleman all assisted in the preparation of an Amicus Curiae Brief on behalf of Attorney General Shevin and of Governor Reubin Askew and that Amicus Curiae Brief rather than supporting the City's position took the position that the Supreme Court of Florida ought not to deal with the question of public trust lands and that this was not the right time or' the right case to hear this particular issue and that they should indeed discharge a writ of certiorari, not hear the case and so, joining hands with the St. Joe Paper Company people and Mr. Ball and the various people taking title under their deed and ... later the Phosphate Company because they're in this flap in Tallahassee too. We had an Amicus Curiae Brief filed by the Phosphate Industries, whatever that is, but the former Senator Holland's firm came in and filed a brief for them so we had the Phosphate Industries, the Governor, the Attorney General, and the Florida Bar to say nothing of the parties on the other side against us in this case and they persuaded the Florida Supreme Court not to deal with the Public Trust issue. We think that's wrong. I would be less than candid with you to say that I am terribly optimistic that a unanimous Supreme Court and it is a unamious decision is likely to rehear us, however, I am a lawyer.I still believe in the legal process. I do believe they have failed to deal with 3 points that they need to deal with and I have sought this day for them to reconsider or actually to consider because their opinion doesn't deal with 3 issues. The first is assuming that the Marketable Record Titles Act is properly and validly in conformity with due process,and that they have properly passed the statute that divested the City of its vested prpperty and they do acknowledge and this is the second time the Supreme Court has acknowledged this grant from the state to be a full valid binding complete transfer of title to the City. Assuming all of that is true and they have with due process taken the property of the City of Miami that's all fine and good but the City of Miami has not been paid for the property which has been taken from it, and I have suggested to them that they have failed to deal with the point that the statute makes no provision for compensation for taking the vested property rights and that they ought to consider that and deal with that constitutional issue because gaged against that standard the statute is not sufficient in my personal opinion. Secondly, we made another constitutional argument if any of you remember from high school probably there is a thing in the constitution of the United States and there is one also in the Florida constitution called a ruling against imperium contracts. We urged upon them and we had urged at every level of the courts the fact that the construction of this statute being urged upon the courts would be an impairment of the City of Miami's contract rights in the Statutory Grant Deed of 1919. They have not dealt with that issue, except sort of silently they have defended the State's right to engage in the police power to deal with the terrible threat that comes to all of us from possibly having somebody to be able to sustain an old title recora. They have conceded their... actually taken a position that that was an important public policy that was enough to justify the passage of the Marketable Record Titles Act and we said, well if that's true,fine, but you have impaired our contract nonetheless and the United States Supreme Court in 1977 and in 197E has reasserted the impairment of contracts doctrine and impair a contract for good and valid reasons you must also pay for it. The court again dealt not at all with this issue. Finally, the issue of sovereignity and the issue of public trust lands. The Amicus Curiae had filed briefs on this point saying this is not public trust lands don't look at this issue. We asked for leave to file a brief in response to that issue which had never before been raised and the court carried that motion with the case and in fact never ruled upon it. We filed a brief anyway I don't know whether they read it. It appears to me that it was not considered because I don't think you can consider those cases which are unanimously in our favor without at least having to deal w3�h it in some way. So, we have asked them to consider taking the issue of the taking of City of Miami's property and paying for it or the issue of impairing the City of Miami's contract and paying for it or finally to dealt with the issue of sovereignity of public trust lands in which case the statute would not stand in my opinion against the fact that the state simply has no right to give away public lands. Now, we have suggested to them that what they have engaged in or they've construed a statute so as to engage in an inversed condemnation of the City's land. If that position is correct it may be that at some point I will be back before you in suggesting that we commence a suit directly against the state and we're not suing the State in this case for inverse condemnation in which case they would have to pay the fair maket value of the land if we were able to sustain that position could either use that money 3 OCT 241978 tehdatttii the lend iteeif et use the money for some other puhlic purpose. Finally, es uming and l think the probabilities are very high that they will deny this petition without further comment. The federal statutes governing Appeals give the City a right of direct appeal to the United States Supreme Court as opposed to asking them under a petition of certiorari if they will consid=,t it. Nov, as a practical matter of on statistics it doesn't make a lot of difference and the odds are still long against any case being heard by the Supreme Court of the United States but we have a ruling holding a Florida Statute Consiitution under the law ge have a right to ask the Supreme Court to test it against the cunstitutional provisions that we have envoked and if the Supreme Court of Florida does deny this rehearing then we will within 90 days be filing a petition for direct appeal with the United States Suprene Court. Basically, the research is there and has been briefed before so we're really asking another court which is not involved with the Florida Bar or Governor Askew or Attorney General Shevin or the Phosphate Industries to consider this perhaps, in an atmosphere less charged with politics then perhaps Tallahassee is. So, I guess my report is we have lost again we're still hanging in there by the skin of our teeth. We have another forum that we can go to and if we lose before the Supreme Court and the United States Supreme Court it may still be at that point that a proper suit would against the state to ask that the state since it wants to protect people from the dangers of a title defect to pay for the City for being a casualty in that war and 1 guess that's about where we are at this point. Mr. Plummer: Let me ask a question for the record. I know, I think I know the answer but let me make sure. toes this lawsuit directly involves itself as it relates to the Ball Point Property. Mr. Bailey, Jr.: The Ball Point Property is part of the land that was given to the City of Miami in 1919. Mr. Plummer: I'm speaking of the outside perimeter of the Ball Point, this does not affect itself in anyway towards the City's pursual of the property north of 5th Street. Mr. Bailey, Jr.: I don't know the answer to that, the 1919 grant was' very large. It was all submerged lands. I have not done a survey es to see how far north it goes, the... Mr. Plummer: Well, the point I'm making, the City and the Bond Issue guy , put forth, the hopeful acquisition of that force of parcel known as Bali Point. The second parcel which is not named I guess we could call it the Ferre Fol?y. Mr. Bailey, Jr.: This, you mean the F.E.C. Property north of the Dodge Island ...? Mr. Plummer: Correct. In other words, let me tell you what's happened in a lot of people's mind, a lot of people have an impression that we have lost the suit as it relates to the F.E.C. St. Joe Paper and we will never now acquire the property between what I will call Bayfront Park and Bicentennial Park. Mr. Bailey, Jr. : Okay, let me make it perfectly clear if I can use a bad phrase. Mr. Plummer: You can say that as long as you don't do this... W. Bailey, Jr.: I was not employed by the City to attempt to condemn the F.E.C. Property, you hired another law firm and paid them for doing that. I was asked to pursue the Ball Point Property and some property is included in the suit which is south of that and in fact some of the land underneath the Dupoint Plaza Hotel, but we were not dealing with and we have not been employed to deal with the F.E.C. Property that you described. I don't know what the status of that case is, I understood that there was a condemnation suit proceeding. Mr. Plummer: Well, okay, because ... W. Bailey, Jr.: Totally separate. Mt. Planer: ... this is a little apbiguous the way it read in the paper between the headlines and the writing of the article, W. Bailey, Jr.: Okay. Mr. Plummer: That s lot of people drew the impression that we lost the suit and OCT 241978 till never now acquire the property which is very very critical to those two parts. ,r. sat ley, Jr.: So far as I know that lawsuit is being handled I think by the Frates Firm and that's proceeding. I had nothing to do with it and this is not a ruling on that piece of property. Mt. Plummet: Fine. I just want it in the record. Rev. Gibson: Let me ask a question, Mr. Plummer, when I came back everybody is loud in their appraise that you are now the leader of the League of Citiesi is that right? ?fir. Plummer: Father, I've been accused of worst but that's right. Rev. Gibson: Alright, good. Mr. Reboso: Father, by the way let me clear that we must feel very, very proud today because not even J.L. was elected President of the Florida League of Cities last Saturday but Commissioner Rose Gordon was elected yesterday President of the Dade County Board of Realtors,first time that a woman achieved that honor. Rev. Gibson: Well, wonderful, let's give them a hand. Now, J. L. , what I'm about to ask is ... apparently, other cities are going to be involved or hurt just as we are in this kind of a matter. It seems to me like the League of Cities would be interested. I'm talking ... this is not the legal side, I'm talking about the political side... Mr. Bailey, Jr.: I will remain silent because I am obviously inept in the political side. ReQ. Gibson: Yes. If all those cities can proceed that sooner or later they're going to be in the fire too, they make be glad to be voicing their concerns and an awful lot of politicans who may be influenced in somewhere may read the hand writing on the wall. Mr. Plummer: Father, you're absolutely right and I am already this morning put Mr. Bailey in touch with Mr. Claude Mullis , who is the Counselor for the League of Cities, who over this last weekend expressed a great concern as to how this suit would affect other cities around the State of Florida, asking for additional information and it might interest you note on my copy to my secretary is to send him a copy of this brief so that they can look it over and he and Mr. Bailey can discuss it how it would relate to state-wide. It's already done Father. Mr. Ba;ley, Jr.: This packet by the way does not include all the briefs. All of the briefs are... Mr. Plummer: I don't have all of them. Mr. Bailey, Jr.: Our Supreme Court briefs the opinion and the petition for rehea ring. Mr. Plummer: Well, I've already made a note to send it up Father. Rev. Gibson: Will it help us if we ... everybody comes Mr. Plummer: Well, what you're saying... Rev. Gibson: Would it help us if we passed a motion? Mr. Plummer: ... I think it goes without saying Father, that after Mr. Mullis reads it over with Mr. Marsicano, who is also the League Counsel, hopefully, they will find wsys for the League to get involved with the City because it does, it's n state-wide issue. to us when they need us. Rev. Gibson: Well, why don't we pass a resolution or a motion urging them to cecome interested, we can't directed them, but I mean it's another way of letting them know that not an individual is speaking but all of us? Mr. Plummer: Nothing wrong with that at all Father. Rev. Gibson: Well, if you tell me the words, give me the words now, you know the... OCT 2 41978 Mx. Timer: Vety sitaply you would utge the rlotida League of Cities to bake themselves fully aware of the facts its this case and urge them to join it at:d help th:s City of Miami in its pursue' of the suit. Mr. Bailey, Jr.: May 1, because I am concerned, let me say this, the Supreme Court of Florida at the present time is nut under the cloud that I think it was severa? y'nrs ago. I mPke no assertion, h4nt,or in any I mean to cast any aspersions won these justices. I think this is the finest court we've ever had and we're very fortunate. It is the finest tuurt that we've ever had in the State of Florida. I think we have honest competent justices on that court And I think they have made a legal decision which I disagree with but I do not mean to suggest that anybody in anyway got to them. I think on the contrary that they had a very thorny difficult problem to deal with and they thorniest one was this issue of public trust lands. Governor Askew and Attorney General Shevin came in said here is s way out of this, facing this problem now and courts historically try to avoid political questions if they can and this has become a political question,so I think they have done something which is legitimate I think they have done something which is a good motive. I happen to think it is incorrect legally but I do not want to suggest to this Commission that this court is thinKing of itself or perceiving of its decision as political. I just don't see how it can help when the Governor of the State and the Attorney General of the State come in with the flags of the state saying please don't read, this issue, that has to have an impact, but I don't suggest that anyway it's improper. Rev. Gibson: 1 understand you, sir, and I want to concur with you, but I still want it to be known, that we the citizens of this City, in this governing body here would urge upon the League of Cities to become interested, it is our fire today, no it is our land being burned today, it might well be their's tomorrow. Listen, if they don't help us so as to make the way crystal clear today the precedent would have been set and all the others will suffer alike. I therefore, move you sir, that the proper resolution be written and sent to the League of Cities urging them to become interested. We are not inferring a political decision.. Wa are inferring. No, we aren't inferring, we're stating that they have a vested econcric interest. Mr. Reboso: We have a motion on the floor. Mrs. Gordon: I would like to ask you Guy what you would consider to be the most beneficial wording for this resolution if you help us and supply that to us? Mr. Bailey, Jr.: The only proper thing that the League of Cities could do at this point and it is proper only because the rules have been opened somewhat in this case wed people have come in late as as amicus curiae would be perhaps to suggest to the League of Cities that they consider coming in and seeking leave of the Florida Supreme Court to file an amicus curiae brief in this action. It's unusual on rehearing but it's also unusual to come in es late as did the Governor and the Attorney General," Phosphate Industries." So I suppose that the best thing to do would be to ask them to consider filing an amicus brief on the rehearing and they'd have to do that immediately because the court already has that rehearing petition pending. kev. Gibson: Mr. Vice Mayor, may I suggest that whoever writes will keep that in mind and will so word it. That's the intent and sense of my motion. Mrs. Gordon: I also second it. Mr. Reboso: Okay, we have a motion and a second. Any further discussion? Call the roll. THEREUPON THE FOREGOING MOTION was designated MOTION NO. 78-656 was introduced by Commissioner (Rev.) Gibson and seconded by Commissioner Gordon eras passed and adopted by the following vote: AYES: Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon *Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso NOES: None. ABSENT: Mayor Maurice A. Fevre (SEE LATER RESOLUTION NO. 78-670) 6 OCT 24197a ft Ott CALL: *Mt. Plummer: l vote yes, and tegUeSt the Clerk when you prepare the ReACIUtidft you go ahead and photostat this btief a,d tend it up ttaotorrow. FURTHER DISCUSSION: tors. Gordon: I would like to state our deep gratitude to you Mr. Bailey for all of the diligence, all of the expense and all of the work that you have put forth and hope that you will meet with success and that the City then will have the benefit of the time and effort, money that you have expended. I'tn bure you're way in the red on this case. Mr. Bailey, Jr.: No, I guess I can't go in the red on the case I'm probably still above fifty cents an hour but I thank you. I'm sorry to report that arc haven't won this. I do not think the war is over ... lies. Gordon: I don't either. Mr. Bailey, Jr.: ... but I hope someday I'll be able to report that we won at least one battle. Mrs. Gordon: Yes, I hope so. Rev. Gibs-r: Thank you, sir. Mrs. Gordon: Thank you. Mr. Reboso: Thank you very much. • .+ .: E.r.t. PHASE I & Il - RAPID TRANSIT INTERFACE AND DOWNTpWN PEOPLE MOVER SYSTEM Mr. Reboso: The next item is discussion of Phase I & Phase II - Rapid Transit Interface and I'owntown. Mr. Grassier Mr. Vice Mayor, Dick Fosmoen will introduce this subject. We'll a]so have comments from members of the Planning Department, City Planning Department and County D.O.T. Mr. Reboso: Mr. Fosmoen? ,ar. 2ir. Fosmoen: Mr. Vice Mayor, there are a whole series of decisions that the County is facing in preparation for the Rapid Transit System. Some of those decisions have a major impact on the City of Miami. One of them that we're going to discuss with you today is the crossing Downtown between Phase I which is now funded and Phase II of the system which will be an east/west line coming in from the airport. The reason that it's before you today rather than several years from now is because the crossing for Phase II Downtown affects the location of the Government Center Station and it also has an impact on other development activities Downtown. There are members of O.T. A. staff here who will give you background on the issue and then Jack Luft will comment on the City's position. Ellen? Ms.Wacher: Good morning members of the Commission. My name is Ellen Wacher and I'm from Dade County Office of Transportation Administration. I first want to congratulate Rose and J. L. on their new position. Secondly, since Father Gibson was out-of-town yesterday at one of his very rare none appearances at the Policy Council I want to just read to you a brief statement that was mentioned at the Policy Council with regards to the Downtown People Mover. I understand that the Planning Department of this City is writing us a letter to request a presentation before the Commission in November, is that right, Jack? Mr. Luft: That's correct. Ms. Wacher: Okay. But yesterday very briefly at the Policy Council to bring you all up-to-date. Simon Zweighaft, the Project Manager read this into the record that, "in May of 1978 we received a grant from the Urban Mass Transit Administra- tion to accomplish preliminary engineering, the Downtown People Mover Project. OCT 2 4.1978 ty the end of May the County Manager had appointed a Consultant to the Selection Committee to interview the firms to conduct the work. they reported their results to the County Manager, who on August 25, 1978 authorized negotiations to commence with the joint venture of Ganick Fleming of Pittsburgh, Pennsylvania and SKBB of Coral Gables, following onto approval the County will issue a notice to proceed and the Consultant and work as expected to begin in November. Now at the Policy Council meeting yesterday the County Manager and members of the Board of County Commissioners emphasized strongly the importance of direct participation by the City of Miami and the Downtown Development Authority in establishing and recommending the route alignment and station location plans." This came out very strongly at the meeting yesterday. Now with regards to the second subject and why we're here. I am here today with Fred Silverman of the O.T.A. staff to discuss the crucial east/west alignment of the Rapid Transit System as it moves through the Government Center Complex. As you know, the state one Rapid Transit runs along the east side of this Government Center Complex over the F.E.C. right-of-way. A critical element is how future extensions of the Rapid System will interface with this complex and with future extensions of the System going into N.E. Dade County. Fred? Mr. Silverman: Thank you very much for allowing me to talk to you about this. We have some fairly complicated and some fairly complexed ideas to present, so please don't hesitate to interrupt me while I'm going through this if you don't understand anything. We know that we have Stage 1... Mr. Reboso: Sir, would you please state your name and address... Mr. Silverman: Fred Silverman, and I'm Chief of Planning & Policy Analysis for the Office of Transportation Administration. M,. Reboso: Thank you. Mr. Silverman: What we're trying to do here is really two things in this study. One, to look at how a Stage II lie, further stage of Rapid Transit. We go through the Government Center and what impacts it would have on the Government Center or the Government Center Planners and then the second question becomes how does Stag2 II of the Rapid Transit System operate with Stage 1, what kind cf operating features do we want out on the second stage of the system, how do we want it to connect back into Stage 1 in operating concept and how does it interface with the Downtown People Mover that's kind of an addition to its physical impact within the Government Center. Now, I believe and please correct me if I'm wrong that copies of this report was furnished to all of you, is that true? Mr. Reboso: Yes. Mr. Silverman: Alright. We came up with four basic concepts and I'll very quickly try to run through them. Alternate 1 which you see before you essentially took an east/west line which would run from the Government Center all the way out eventually to Midway Mall and just end of the line at the Government Center itself. And, then it took the north/east Dade line against starting at the Government Center, following the F.E.C. right-of-way all the way up to a point terminus point in N.E. Dade. Now, basically, these two line: would not connect from an operational standpoint but a rider could transfer from one line to another in a single station but in terms of operations there 'would in essence be three separate lines and we would switch trains within the stations. This is rather complex operationally and has some very negative features but it can be done. The chief advantage of this system was that it followed very much along the original preliminary engineering line where we had run the east/west line all the way across Downtown Miami then going over to Diiani Beach would have... it would come into Government Center in the same way and would have very little disruption within the Downtown but operationally it hat., many problems. Alternative 2, very much followed the original engineering a'<agnment where we had once been going to Miami Beach across Downtown only this time we were on Second Street going east/west across Downtown in the N.E. Second Avenue. Now, this will be a totally separate operational line from Stage 1. We could not transfer equipment from one line to the other just as we couldn't on Alternative 1 and if line two were built we would have to have separate set of yards to operate line two unless we built a reasonably expensive connection somewhere within the system to transfer equipment from one line to the other. Alternative 3 attempted to come across the Government Center at an angle came underneath the Stage 1 Rapid Transit Station where we would have transfers between riders and then it attempted to get back into the F.E.C. corridor to go northward up to N.E. Dade, like Alternative 2 this would be a totally separate operational line, but unlike Alternative 2 by staying close to the F.E.C. alignment we could probably get in a connection so that we could switch trains from one line to the 8 OCT 241978 other Aid riot need A separate yard. Alternative 4, at one time was discussed when it was the concept of actually taking the east/west line out of the Government Center in it's totally and running it through the Washington Heights area. At one timo if you remember there have also been some discussion changing the Washington Heights Station into a tighter curve which would have placed the station right within Washington Heights itself and this would have created an X. Again, we would have had t•io separate lines much the way we ... do in AJ ternatives 2 and 3 but we wouldn't had to had to found another service connection. The County's recommendation right now is to go with Alternative 3 primarily because it allows the service connection between the lines in the future. This is a... this would not be a service connection that would be operated during the day or that riders would make but it would allow us to make maximum utilization of the single yard site in Hialeah but we would not have to duplicate yards. There are many, many questions, even in our mind about how second stage will be phaser in. When U.1i.T.A. will give us the money where the lines will eventually terminate, how the lines will eventually come together but I think we can be reasonably assure that the N.E. Dade West/Dade line will not be all built at one time and that it will probably have to be built in at least two parts if not more, and that at one time we may be looking at a line that runs from Downtown out West and eventually that will be then joined to a line going up to the N.E. and for this reason we were very concerned about some of the operational features and not having to build a second yard at an initial extension point. Since the are one of the greatest cost in the entire system. or system extensions, and so we were trying to get maximum utilization out the initial yard. Now, I know that City staff has a number of questions and I guess I'll turn it over tp the City staff and try to answer those questions the best I can. Thank you. Mr. Grassie: Mr. Vice Mayor and members of the City Commission, Jack Luft will speak for the Planning Department. Mr. Luft: Mr. Vice Mayor, members of the Commission, it's important to understand that a decision must be made soon on how this crossing will occur because the Government Center Station is now being designed and the decision that we make now the County Commission will make on how that station is designed to accept this crossing will in many respects fix the alternatives that we have for building this Phase II so construction that may occur 10 years from now is going to be in effect set by this decision so it's extremely important. The questions that we had I think we're offering these in the spirit of clarification, we're trying to seek additional answers that we think the Commission would be interested in understanding so that they may be able to better offer a policy position to the County on this matter. In looking at this report we understand that the recommendation of the alternative alignment number three which you see on the map there was made because it was the least expensive of the alternatives that it did offer a service connection that it did not adversely impact at least a great number of Downtown properties and it does not conflict with the People Mover System. In that vein we would pose these questions to Mr. Silverman; the point about the service connection is an important one. On the Alternative 2 which you see on the map before you shown in the circles going up Second Avenue, N.E. Second, we feel there's a possibility that such a service connection could be made along the old municipal railroad right-of-way south of llth Street. It would be about three blocks longer than the connection that they show between Alternative Alignment 3 which is the O.T.A. favors, but we do feel it could be made and would answer one of the great problems with the Alternative Alignment 2, does that seem possible? Mr. Silverman: I think that's possible but I think we're going to be talking about a good deal more money and I think in the end the differences between Alternative 2 and 3 will evolve down to money and some Urban Planning considerations. Alternative 2 because it's going over to N.E. Second Avenue is about a third of a mile to a half mile longer than Alternative 3 just because it's going that much further east/west over towards the east side of the City, and then we would have to add a much longer service connection so in terms of total mileage of track of structure we could be talking anywhere from about some place between a half mile to a mile of extra structure to accommodate Alternative 2. I believe that it could warrant looking into in terms of more detail in terms of cost and what it would cost to get those kind of structures built. For one thing I think we do have to recognize that even on the ... service interline connection the connection on the north side would have to be elevated. It would have to be another elevated structure. Okay, it could not be run at -grade although_ it could probably follow that municipal railroad right-of-way. We're just talking about too muchequipment we're talking 'about the third rail,the grades that we would need to get from one line to the other and it would obviously be an elevated structure, so I believe that question has some merit and that we could probably investigate it some more Jack. 9 OCT 2 41978 INIIIIIIiiiiimminusimmumullEN I■IIIIIIIIIIII■III•IIII II tit', tat Okay. The second point I wanted to raise. was that on October 3th, Mrs Getty appeared before the County Commission presenting a report 'Oh the Government Center Design Plan. It was in that report that he tecommended a crossing of the Government Center of this Phase II Transit Line Ai.ong Second Street. This wo nld be a straight crossing as it is shown in the hollow circles on yo'ir map. The recommendation for that crossing which is in effect the number two alignment was that the reverse curve,the switch back curve that is shown on the red line there presents a substantial disruption to the Government Center creates an inefficient use of the land there and would present a severe problem to the redevelopment of those parcels south of Second Street for which development is now presently designed or targeted. Be thus, strongly recommended to the County Commission that the alignment at least to the Government Center Station be straight across the Government Center. This would mean it would be very difficult to achieve the Number 3 Alignment as shown in red because you must make that curve to the south in order to get the angle on the station so that you can then make a curve back again; the sweeping curve to get back to the railroad tracks, otherwise you'll find yourself going through the Post Office and Central Baptist Church at the very least and at the most through Dade County, Dade Junior College and the Edcom Complex, so we're wondering that I think this consideration, the consideration of the Government Center Plan itself is something that would be important to take into account here. It's not so much a question for that is an observation. Number 3, it was stated in the report that the Number 2 Alignment could not passby or get across the Southern Bell cables that lie below Second Street just east of Miami Avenue. Southern Bell, you may recall has two facilities one on each side of the street with a overhead walkway quite a distance in the air. Under the street there is the substantial amount of cables that would present a problem to pier locations or a guideway structure. The question it was, was whether we could get a guideway down there at all. In examining the underground sheets from Public Works it appeared to us that the distance of that... the width of that cable crossing was less than the maximum span achieveable on the guideway structure and therefore it appeared to us that indeed the Southern Bell crossing would not be a problem. Mr. Silverman. Why don't I try to get into some points about both of these two points that Jack has made. On Alternative 3 you'll notice the sharp angle. Now, a station cannot be built on a curve.It's just a basic principal we can't put stations on curves. The stations have to be on straight pieces of track which what we're doing an Alternative 2 is we curve through the Government Center and in the southern part of the center to create a straight piece of track underneath the Stage 1 Government Center Station so we'll have two platforms one on top of each other and then we curve back again to get back into the F.E.C. Railroad. What this of course, does do as compared to alternative Alternative 2 is it does take more space out of the Government Center but this is very vital if we're going to get the arrangement that we were hoping for which was that Alternative 3 would take less total land out of the rest of Downtown and would give us a better operational feature. It does however, impact the Government Center and I think Jack Luft has pointed a very good point neither the Commission, the Dade County Commission has not adopted any of these four alignments at this point and time nor have they adopted the Government Center report that was just prepared. On the third point of the memo,it's been our understanding based on the City of Miami directive to the County. This goes back to 75-76 that the City would prefer to have us take a block face any place in Downtown and not run heavy rail systems in the right-of-way of the streets and this was a question when we were looking at the original preliminary engineering alignment when we were on 1st Street and we were talking about taking a whole swathe of the street at that time the south side of north 1st Street and then the east side of N.E. Second Avenue, so when we were coming through the Bell System area which expands 3rd Street we were far more concerned about taking either of the two Bell Buildings which are span on that street and the fact that Bell just did not move half of its operation and this has created a problem in a number of other cities that's a major utility relocation problem. When you go and actually remove a part of a switching facility but I think we could investigate this some more Jack. Mr. Luft: Okay. They fourth point I have concerns the costs was stated by Mr. Silverman that the alignment number 3 in the report was said to cost some $30,000,000 whereas alignment number 2 would be about $20,000,000 or about 50% less. The question we have in this regard is that indeed when you consider that alignment number 2 or number 3, excuse me, the red line would require the acquisition of the Wometco Studios, would require substantially more land takes for the entire curve, would require acquisition of the F.E.C. right-of-way, all the way from loth Street to 36th Street, when one contrasts.that against the presumed meeting an alignment on street right-of-ways on Second Street and N.E. Second Avenue; It would seem as though the cost might be closer. What I'm trying 10 OCT 241978 to suggest is that it appears to us of we don't have the figuresthat aetgttisition cost for right -,of -way of alternative alignment number 3 would be much greater than 2 . Now there are some costly problems with alignment nuthber 2 that's the yellow one. The problem there is that it would probably require acquisition of the parking garage, Off -Street Parking garage on the corner of N. E. 2nd Street and 2nd Avenue and it would require the acquisition of the new ,people's bank. So what we're really *.uht. casting here is the dispi.acement of the Wometco Studio and the F,E,r,. Railway and we do run into problems when we start displacing railroads because we generally have to provide a relocation for those tracks and a number of liability cost involved with that versus the parking garage and the bank so we're wondering if all of those costs inasmuch as your study Mr. Silverman did stop at Miami Avenue at least the drawing in the report did,whether those kinds of acquisition costs were taken into account. Mr. Silverman: ine cost actually only reflected what was on those maps. So it was just those sections that were on the map. Our concerns in terms of cost were that alternative 3 was essentially staying within the warehousing area in an area where there are relatively low property values although it may be taking a Wometco Building. It was perceived to be far less expensive than taking a whole block face as we're talking about an alternative to perhaps one of the biggest issues of clarification is that we were not looking at this system of running down this heavy rail system as running down the middle of a street right-of-way so much as we're talking about getting it out of the street and getting a whole block face either along 2nd Avenue or along 2nd Street. In Alternative 3 we would have to acquire that right-of-way as we could in Alternative 2 property is a good deal cheaper. Buildings are basically an industrial uses they're not in strong commercial uses right now. As you've noticed we've also showed the possibility of going up Miami Avenue and then getting into the F.E.C. Railroad on Alternative 3 as opposed to getting very close to the railroad right-of-way but it's been our feeling that land cost, total land acquisition cost and the shorter alignment, shorter total length of the system on Alternative 3 would be preferential over Alternative 2. Again as I said no decisions been made formally by the County Commission en this. Mr. tuft: The final point that we wanted to address in this matter, one that I think is probably one of the most crucial is the affect of a heavy rail line up 2nd Avenue, N.E. 2nd Avenue. There is one I believe possible advantage to that namely that it would provide heavy rail service to the Omni area only a block away. It would provide stations along the entire Biscayne Boulevard Corridor to 36th Street serving the high density edgewater area and this would contrast to an alignment along the railroad tracks which would essentially serve a ware- housing and wholesaling area from the 836 to 36th Street Corridor. We're wondering if not the Alternative Alignment 2 the red one, or the yellow one wouldn't indeed offer substantially more service benefits than an alignment which would really serve a few people or the stretch from Downtown to 36th Street. Now that must be contrasted against the consideration, and you could view this one or two ways, of placing a heavy rail up 2nd Avenue which would ... could be argued would obviate the need for People Mover like the Omni. This could be considered as a cost saving in the People Mover construction or if the People Mover was built it could be considered a cost duplication, but it would indeed have implications for that People Mover Service which is presently et^,vosopmed as going to Omni. Now, it must be acknowledged also that the People Mover System when it is first constructed will not likely be built more than the initial loop in the Downtown area that Omni leg will be a ways away, it may be that you would want to consider and weigh in your minds as a policy matter. The advantages of a heavy rail service to the Omni area versus the People Mover. We're not suggesting that we're in favor of one or the other. We think it's an important point that you should consider, that plus the fact of the Biscayne Corridor Alignment versus the F.E.C. Railway Alignment and the services that that would provide for that high density corridor on Biscayne Boulevard. So those are the final points that we wanted to bring out,Fred. Mr. Silverman: And, I think Jack's last points are well taken in their whole concept. Do we want to replicate the People Mover Service in the north side of Downtown,do you want to have that potential, it's been our understanding that part of the reason for the People Mover was to avoid the heavy rail disruption of going through Downtown as we have been talking about originally in trying to get a line over to Miami Beach and that the People Mover System was a way of providing service within the Downtown area without the heavy disruption. On the other hand I think Jack raises some very fine points about service into the N.E. part of the City, convenience of a system. I think these are some very sophisticated, some very difficult judgments to make here, I'm going to pull out this people Mover map. (TALKING WITHOUT THE MICROPHONE)... 11 OCT 241978 Mt, Reboso: Jacks ate you tetol ending at this point one. of the hoe Mt. tuft: No, I'm not sir. Mr. Reboso: But you say that we mus.t move. Mr. Luft: Well, I feel, I would, I think Mr. Silverman could perhaps give. you a prospective on the time frame of this when he expects the County Commission to have to make a decision on this. Mr. Silverman: Well, I think we're approaching the time. I think the key thing for the County decision is to look at Mr. Getty's report for the Government Center and it's impact on this report and any long range alternatives that we had. It's quite conceivable to take an alternative no. 3 and then eventually run it into an east/west line across the rest of Downtown Miami and go up N.E. 2nd Avenue if that was a policy that we were talking about and we ware talking about major changes to the Downtown People Mover and the whole concept of the way we're going to serve the N.E. side of the City, that could be done, that was one of our reasons for liking alternative 3 in the long run the east/west line that wouldn't be on 2nd Street it might wind up being on 4th Street or even 5th Street and there might be some disruption and we'd go back across the north side of Downtown and then come on back up towards the Omni but I think there are some big policy decisions that need to be made, I think by the City in what its looking for in terms of Downtown disruption and what is the role of the People Mover in moving people around Downtown? I think I can be fairly blunt in saying that if we're going to put in the N.E. 2nd Avenue line we're talking about some radical changes to the People Mover itself, I think we're also going to have to look at the total cost of the N.E. 2nd Avenue line in terms of the extra amount of trackage that's in there and then how we would eventually get that N.E. 2nd Avenue line back into the F.E.C. railroad although N.E. 2nd Avenue comes fairly close back to the F.E.C. up in the Bueno Vista yard site. We will have some disruptions up in that area and that's kind of what we're doing. We'll just be moving them up somewhere. In the long run we would have to think of how we're going to make any of these schemes operate as a partial system. We're not going to get all the money to build all of this all at one time, not the People Mover and not all of Stage II Rapid Transit so we're going to have to think of what kind of phasing we're talking about if the City is looking at a different scheme than alternative 3. Mr. Luft: So, when will the County Commission have to make this decision? Mr. Silverman: I think it's up to the City to ask the County what it wants to be studied further and give the County some direction on where the City would you know would like, what the City would like the County to look at and examine so that John Dyer needs to have the staff to do more work on this to answer some of the questions and the consultants do so more work on this such as cost, phasing, that we can get that running. Mr. Plummer: Let me ask a question? We're talking about phase II. Mr. Silverman: Right. Mr. Plummer: What are the distal ends of phase II? 'Mr. Silverman: Okay. Right not they're proposed of being Midway Mali going west and somewhere around 192 Street going N.E., so we're talking about something that is not going to be built in the next 10 years, maybe not even the next 15 years. We're talking about what we're calling the year 2,000 system. Mx. Plummer: What are you projecting in the roundest of term of cost for phase II? Mr. Silverman: I really cad t give you an idea because we've also included things like extensions down to Cutter Ridge, extensions up to the airport,but if we're talking about a system that's running $35,000,000 a mile right now and this is going to add at least another 20 miles of track I think an idea a ball park in today's dollars. Mr. Reboso: But that is today's prices. W. Silverman: That's today's prices. Mr, Reboso: It's going to be a bit different, Mt. Yosnoen? OCT 241978 1t, Plummets Excuse me.., ghat is the present mileage? f1±. Silverman: Okay. Presently, we are talking 201 miles okay, stage t and of course, the $795,000,000 price ceiling. Mr.. Plummer: Well, you're talking about some 20 present miles: about a billion dollars. 6u're taiking Mr. Silverman: Well, the official position is the $795,000,000 cost ceiling. But one of the key things and I think this shouldn't be understated that the yard cost of that system. My understanding right now is that our yard cost is perhaps the biggest single component of stage I and one of the schemes we were looking at is how to make optimum use out of that yard site. That yard site is perhaps costing as much as $100,000,000 out of the $795,000,000. Now, if we were to have to go in and build a second yard site to operate any scheme that doesn't allow a non service connection whether that yard on stage II would either be out somewhere let's say near the airport or somewhere up in Bueno Vista yards or somewhere up in the N.E. part of the County, we'd have to build in yard site cost as a very early component of any future extension if we don't allow a service connection between the two lines.and those are the kind of very, very difficult things that were not really built into the study but are implied within this decision making. We're not talking about anything that's simple here. There's nothing of course, tied down now and I'm very glad to be able to come here and give you this presentation in the hopes of opening up your eyes to some very complex issues that I think we're be talking about. In many ways this Government Center decision is the tail thats wagging the dog, what do we do about you know, future Rapid Transit extensions? Mr. Plummer: In your opinion of the two alternatives that have been posed here today, forget about knowledge,what is the best of the two systems? Mr. Silverman: I'm going to tell you I don't have an opinion. We recommended either two or three and say we preferred three. I think two is going to give you a totally different level of service and a totally different level of impact. There may be many, many good reasons for running the heavy rail line from Downtown over to the Omni and it may be very good service configuration. I can also tell you that it's going to destroy the whole northern half of the Downtown People Mover in its effectiveness in terms of Transit ridership. It will also have far more land use impacts by taking the block faces along as we go through Downtown so do you want better ridership versus what kind of physical impact in the City, what are we really doing with the Downtown People Mover which will have a lot more stops than heavy rail lines? Mr. Plummer: You seem to put your emphasis on additional cost. Now... Mr. Silverman: I think the cost, the cost to us have always been the key. OP' Mr. Plummer: Yes, but you see, here's where I have a problem, okay? You're making your whole basic argument on cost factors. Now, my fast figures here tell me that if and when and boy that's a damn big if and when. The second portion of this ever is conceived or given birth to, you're talking about $700,000,000 based on today's prices. Let's be realistic and say that we're really talking about a billion dollars by the time at 10 years at the earliest, yet we're talking about a possible difference of less than 1% in dollars. You're talking about $10,000,000 difference. Okay. Mr. Plummer: The point I'm trying to make is that if in effect our people and we concur that the number two is the desirable,I find it hard to use a defense of cost of less than 1% as the only defense against what we're trying to accomplish. Now, let me go a little bit further. A little bit further says, that in my estimation,and this is just one speaking. I never try to speak for anyone else. The redevelopment in this community is going to be from 5th Street north, there's no question in my mind that that's where it's going to come, and when you speak of rideability to serve the most amount of people. I think you're going to see a tremendous development along N.E. 2nd Avenue from 5th Street North more so than over the railroad, and I can't, you know, I'm scared that the County is looking at what exist there today, and I realize that accommodating four winos that are there today is not what we're looking to in ten or fifteen years from today. The hope and desire that that area will turn into a fine residental area. So I find it hard to use an argument of cost as opposed to less than 1% of cost. Mr. Silverman: I don't think cost is the only argument. I think their policy is designed policies here. The Downtown People Mover was designed to serve the 13 OCT 24197B • ■ . Silverman(cont's); tate area and of courseisgoing thiough_ the. 'N,E, part of Downtown going on up to the Omni. Now, will the Downtown People Mover connected back into let's say alternative 3 work as well as alternative 2, will it give you the salve desired results? There are dollars to be saved from either cutting back the People Mover nr by making some transfers here from either a heavy rail line to the Downtown People Mover. I think we have to know where the City is thinking about the terms of disruption of getting alternative 2 back through the rest of Downtown. I don't think it's just a 1% cost difference but I think you're probably quite right in saying that it's not going to be a great percentage of the cost when you look at the whole next 20 plus miles of system. I think there are some real Urban Design policies here and I believe that's the way the City Planning Department has been looking at it and some basic questions about what is the Downtown People Mover supposed to be doing aad how well will it work once in the City's redevelopment objectives and I think those are some new issues that the City may wish to have us re -study. Mr. Plummer: What are we going to do now, are we going to send this back or what? Mr. Fosmoen: We don't have a specific recommendation to you today. We're going to raise a series of questions relating to the DPM for example, the impact of heavy rail on the northern leg of the DPM if we went with this 2nd Avenue alignment, and we think those questions are important to be answered before the County reaches final decision. Mr. Plummer: So, what are you asking us to do today,ask the County not to make a decision until those things are clarified? Mr. Fosmoen: That's correct. Mr. Plummer: I move it Mr. Vice Mayor. Mr. Reboso: We have a motion and a second. Any further discussion? Call the roll, please. Mr. Plummer: When People Mover? THEREUPON THE FOREGOING MOTION was designated MOTIOF NO. 78-657 was introduced by Commissioner Plummer and seconded by Commissioner Gordon was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Vice Mayor Manolo Reboso NOES: None. ABSENT: Mayor Maurice A. Ferre (SEE LATER RESOLUTION NO. 78-671) are we going to see some ground broken for the Downtown MI. Silverman: 0h, I think it's many months away. Mr. Plummer: What is many? Mr. Silverman: At least a year, I mean, just because P.E. Contracts are running for at least a year. The contracts have just been let with the Consultants and I don't see how ground, how federal government can make a capital commitment to us until all the reports are in from all the Consultants that the federal govern- ment is also paying for so we're talking about a year on those contracts with the Consultants and I don't see how anything could be done before that. Mr. Plummer: Thank you. Mr. Silverman: Thank you. (THE COMMISSION TOOK FIVE MINUTES RECESS) 14 OCT 241978 SECOND READING 0 INANCE. AMEND SECTION 2-z4 OF THE CITY CODE PROVIDE FEE FAjI�R REPRODUCTION OF PLANS, RECORDS, MAPS ON FILE WITH BUILDING & INSPECTION EPT1 Mr. Rehoso: Let's take item 1, please. Mr. Plummer: I moved it before I'll move it again. Mrs. Gordon: A small modification I'd like to include in that we include in that a simple indexing system that people could easily refer to in order to find whatever it is that they're looking for. Mr. Grassie: You mean that the Department provide a simple indexing system , good. Mrs. Gordon: Right. Mr. Grassie: Very good. We'll bring that up with the Department, Mr. Plummer: Reboso seconds. Call the roll. (CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD). Mr. Reboso: Any further discussion? Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 2-24 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY PROVIDING A FEE FOR EXTRAORDINARY SERVICES IN CONNECTION WITH REPRODUCTION OF RECORDS, PLANS AND MAPS ON FILE WITH THE BUILDING AND ZONING INSPECTION DEPARTMENT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading by title at the it was taken up for its second and final reading motion of Commissioner Plummer, seconded by Vice was thereupon given its second and final reading adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice Mayor Manolo Reboso Commissioner. meeting of October 12, 1978, by title and adoption. On Mayor Reboso, the ordinance by title and passed and NOES: None. ABSENT: Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8866. 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. NMI w iMM AUTHORIZE CITY MANAGER TO ACCEPT CONTRIBUTIONS OF 4. 1 RACIEOrAI'2OUFRTHETY F\RERI CAS- EXPORT 197J" ESTABLISH TRUST AND AGENCY FUND Mr. Reboso: Item either personally property from any 1•: 2, Resolution authorizing the City Manager to accept or through bis designee, all contributions of money and/or source,... Mr. Plummer: Move it. Mr. Reboso: Okay, moved by Commissioner Plummer, Mrs. Gordon: Second. Mr. Reboso: Seconded by Commissioner Gordon. Any further discussion? Call the roll, please. The following resolution was introduced by Commissioner Plummer, who imbued its adoption: RESOLUTION NO. 78T658 A RESOLUTION AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY OF MIAMI TO ACCEPT, EITHER PERSONALLY OR THROUGH HIS DESIGNEE, ALL CON- TRIBUTIONS OR MONEY AND/OR PROPERTY FROM ANY SOURCE, FOR THE PURPOSE OF SPONSORING THE "TRADE FAIR OF THE AMERICAS-EXPORT "79", TO BE HELD IN THE YEARS 1978-79; FURTHER DIRECTING THE CITY MANAGER TO APPLY FOR AND RECEri'E FINANCIAL AID IN SUPPORT OF THE ABOVE PROJECT FROM THE FEDERAL, STATE AND LOCAL GOVERNMENTS, PLACING WHATEVER MONEYS THAT MAY BE RECEIVED INTO SPECIALLY DESIGNATED ACCOUNTS IN THE GENERAL TREASURY OF THE CITY OF MIAMI; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO ESTABLISH A "TRADE FAIR OF THE AMERICAS-EXPORT "79" TRUST AND AGENCY FUND BY SETTING UP A SEPARATE TRUST AND AGENCY FUND WITHIN THE CITY OF MIAMI ACCOUNTS AND PLACING THEREIN WHATEVER CONTRIBUTIONS MAY BE RECEIVED FROM ANY PRIVATE OR PUBLIC SOURCE, INCLUDING THE GENERAL PUBLIC; FURTHER PROVIDING THAT THE SAID FUND BE APPLIED SOLELY TOWARD THE TRADE FAIR OF THE AMERICAS- EXPORT "79". (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 sand adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso NOES: None. ABSENT: Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre Mr. Reboso: Item 3 is an ordinance. Mr. Plummer: Skip over 3 until the.rewording is done, Mr. Reboso: Okay. is OCT 2 41918 ADVANCE $350,000 FROM CONVENTION CENTER FUND TO "TRADE FAIR OF THE AMERICAS" -- EXPORT 10%0 TRUST AND AGENCY FUND Mr. Reboso: Item 4, Resolution advancing $350,000 from the Convention Center Fund to the Trade Fair of the Americas. Mr. Plummer: Mr. Crumpton, ... Mr. Crumpton: Yes, sir. Mr. Plummer: ... I don't read in the agenda title anywhere whete it's going to be repaid. It just says advancing these funds. I would be more comfortable with a"loan"rather than the word "advancing". In other words, there is no indication in this title that these monies are going to be paid back. Mr. Grassier That's correct, Commissioner, but it's an overseight, because in the Resolution, itself both in the body of it and also in the short title of the Resolution it says, "that the Convention Center Fund is to be reimbursed by the Trade Fair including 6% interest. Mr. Plummer: As long as that's there I'll hove it. Mrs. Gordon: Second. Mr. Reboso: Okay, moved by Commissioner Plummer. Seconded by Commissioner . Gordon. Any further discusison? Call the roll, please. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-659 A RESOLUTION ADVANCING $350,000 FROM THE CONVENTION CENTER FUND TO THE TRADE FAIR OF THE AMERICAS-EXTORT '79 TRUST AND AGENCY FUND; SAID ADVANCEMENT TO CODE FROM MONIES DERIVED FROM SOURCES OUTSIDE OF THE SALE OF BONDS; THE CONVENTION CENTER FUND TO BE REIMBURSED BY THE TRADE FAIR OF THE AMERICAS-EXPORT '79 TRUST AND AGENCY FUND THE AMOUNT OF $350,000 PLUS INTEREST COMPUTED SIMPLY AT 6% PER ANNUM. (:?_e follows body of resolution, omitted here and on file" in the Office of the City Clerk). Upon being seconded by Commissioner Gordon, adopted by the follouing vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice Mayor Manolo Reboso NOES: None. ABSENT: Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre the resolution was passed and Mr. Reboso: Item 5, let's wait for Father Gibson to come back on that, O C T 2 41978 I111IIIIIIIIIIIIIIII IIIIIIIIIIIIII■II■ I■I■Iu I IuIII I II 111 II I II II 6, FIX DETAILS: r . _ _i 1..•.• $6,000,090 SANITARY SF'+IER .OIMS �BONbS $5,009,0nO STREET & HIGHWAY $5,000,900 STORM R, BONDS $2,250,000•FIREPEVENTION RESCUE BWIDS g Mr. Reboso: Item 6, Resolution fixing certain details roncerngo$6,0 etc.... Sanitary Sewer Bonds, $5,000,000 Street and Highway Improvement Mr. Plummer: Move it. Mrs. Gordon: Which one it that? Mr. Reboso: Item 6. tir. Ongie: Item 6. Mrs. Gordon: Yes. Mr. Reboso: Moved by Commissioner Plummer. Seconded by Commissioner Go' Any further discussion? Call the roll, please. The following resolution was introduced by Commissioner Plummer moved its adoption: RESOLUTION NO. 78-660 A RESOLUTION FIXING CERTAIN DETAILS CONCERNING $6,000,000 SANITARY SEWER SYSTEM BONDS, $5,000,000 STREET AND HIGHWAY IMPROVEMENT BONDS, $5,000,000 STORM SEWER IMPROVE NTPREVBONDS AND $2,250,000 FIRE FIGHTING, FIRE ND FLANDIDIRECTTIES OINGSPUBLICATION OF OF THE CITY FLORIDA, OFNOTICE OF SALE OF SAID BONDS. (Here follows body of resolution, omitted here and on file in the Office of to Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice Mayor Manolo Reboso NOES: None. ABSENT: Commissioner (Rev.) Rev.) Theodore R. Gibson Mayo • OFFICIAL STATEMENT: 7, APPROVE SALE OF BONDS: $18,250,000 Item 7, Resolution approving the Official Statement for the $18,250,000 Bonds of the City Reboso: of Miami, dated December 1, 1978. City Manager recommends. Mr. Plummer: How can we approve something that's dated December 1, 1978? e Mr. Grassier This is the bond prospective,Commi yourner, whichet.lsisplythidocu�nent document, it's this large book which goes out to the Bond Houses. Mr. Plummer: Move it. (COMMISSIONER GIBSON ENTERED THE COMMISSION AT_1O:45 A.I.) I1111111II■II111111iinii ii 1111IIIIIIU1in Mt. Reboso: Okay. Moved by Cotflissionet Plummer. We're on item 7, rather. kev. Gibson: Alright. Go ahead. Me. Reboso: Okay. Seconded by Father Gibson. Any further discussion? Ca11 the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-661 A RESOLUTION APPROVING THE OFFICIAL STATEMENT FOR THE $18,250,000 BONDS OF THE CITY OF MIAMI, DATED DECEMBER 1, 1978, (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: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice Mayor Manolo Reboso NOES: None. ABSENT: Mayor Maurice A. Ferre STEPHEN M. DAVIS 8, APPOINTMENT TO tNVIRONMENTAL PRESERVATION REVIN BOARD Mr. Reboso: Let's go hack to item 5, Appointing a member to the Environmental Preservation Review Board. This item was deferred from the Commission Meeting of October 12, 1978. Mr. Plummer: What name is proffered? Mr. Grassie: There are three names that have been put forth Commissioner, one is Howard Ostrout. The second is Mrs. Mary Freeman and the third is Mr. Stephen Davis, those three names have been put forward for your selection. Mr. Plummer: Is there a woman on that Board presently? There is a woman on the Board, two women on a Board of how many? 7. Mrs. Gordon: J. L., I think, I don't know any of these people, but I think that Mr... what was the last one, Mr. Davis, he said? Mr. Grassie: Stephen Davis. Mr. Gordon: Was recommeneded by Mr. Simonhoff, if I'm not mistaken. Mr. Reboso: He's highly qualified. Mrs. Gordon: Since he knows him personally, I don't know any of them, of place some heavy weight on that recommendation. Mr. Plummer: So move the name. Mrs. Gordon: I'll move the name. Mr. Plummer: I second. Mr, Reboso: Mr. Stephen Davis has been moved and seconded, Mrs. Gordon: Yes. Mr, Reboso: Any further discussion? Call the roll, please, The i6ilowihg tesolution Vas inttoduced by Commissioner Gordon, Who libited ita adoption RESOLUTION NO. 7846.2 A RESOLUTION APPOINT7NG STEPHI;N M. DAVIS AS ENVIRONMENTALIST MEMBF'R OF THE ENVIRONMENTAL PRESERVATION REVIEW BOARD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution taas passed and adopted by the following vote: A'ES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice Mayor Manolo Reboso NOES: None. ABSENT: Mayor Maurice A. Ferre Mr. Reboso: Mr. Davis has been appointed to the Environmental Preservation Review Board. • PROPERTY FOR CONSTRUCTION OF: ACQUIRE FEE SIMPLE TITLE: FIRE STATION # 4 Mr. Reboso: Let's take item 8, Resolution finding and determining the public need and necessity for acquriing the Fee Simple Title to certain property to be used... Rev. Gibson: Move. Mr. Reboso: Moved by Commissioner Gibson. Mr. Plummer: Wait a minute, let me ask a question here, is this one of the parcels that we have not acquired, is that the problem? Mr. Grassie: It's the only remaining parcel Commissioner. We have acquired three parcels that are necessary for Station 4. This is the 4th remaining parcel, the parties have been negotiated with. They are still demanding a price which we consider to be exorbitant and in consequence we're suggesting that we go to condemnation. Mr. Plummer: Okay. Did somebody move it? Mr. Reboso: Yes. , Mr. Plummer: Okay, I'll second it. Mr. Reboso: It has been moved and seconded. Further discussion? Cal]. please. The following resolution was introduced by Commissioner (Rev.) Gibson moved its adoption: RESOLUTION NO. 78463 A RESOLUTION FINDING AND DETERMINING THE PUBLIC NEED AND NECESSITY FOR ACQUIRING THE FEE SIMPLE TITLE TO CERTAIN PROPERTY DESCRIBED HEREIN TO BE USED FOR THE CONSTRUCTION OF NEVI FIRE STATION NO. 4 FOR THE SOUTHWEST AREA AND DIRECTING THE CITY LAW DEPARTMENT TO INSTITUTE AND PROSECUTE TO A CONCLUSION ALL OF THE NECESSARY LEGAL ACTIONS TO ACQUIRE THE FEE SIMPLE TITLE TO THIS PROPERTY AS SOON AS IT IS LEGALLY POSSIBLE, INCLUDING THE FILING OF A DECLARATION OF TAKING. (Here follows body of resolution, omitted here and on file in the Office of the pity Clerk). OCT WM Upon being seconded by Commissioner Plummet, the resolution WAS ttSed and adopted by the following vote: A`FS: Commissioner. Rosn Gordon .Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice Mayor Mano]o Reboso NOES: None. ABSENT: Mayor Maurice A. Ferre DR, ERNEST p, BARTLEY 1.0, AUTHORIZE EXECUTION REVISIQN TO COMPREHENSIVE OF CONTRACT: ZONING ORDINANCE Mr. Reboso: Item 9, Resolution authorizing the City Manager to execute the contract... Mrs. Gordon: Move. Mr. Reboso: ... for professional consultant services... Moved by Commissioner Gordon. Mr. Plummer: For purposes of discussion. I second the motion. It seems like to me that when Ernest did the first bit some years ago that his fee was considerably (repeat) less than this. Mr. Fosmoen: His fee may have been less but I'm sure there substantially less work. We're to, as you know, a complete revision of the ordinance. We have at this point 95% of the text done, 95% of the mapping done. What we're using in this round for is a whole series of public hearings, public education on that, on that new text. Now, if you're talking about the first job where he recommending splitting of boards and,Commissioner Gordon remembers it much better than I do. Mr. Reboso: We all remember it. Mr. Fosmoen: There was, you know, there was a modicum of work involved in that effort. Mrs. Gordon: It was more of a consulting type of thing you know to recommend procedures more than anything else... Mr. Plummer: I'm just questioning the amount. In no way am Bartley's Mrs. Gordon: I know, yes. I move. Mr. Plummer: ... professional or his integrity because I'm questioning the amount of money that's all. Mr. Fosmoen: By the way, the fee also includes Fred Bair's time too. Bair and Bartley, not just Bartley. Mr. Plummer: Well, I think does the backup state that, okay? Mr. Reboso: Item 9 has been moved and seconded. Any further discussion? Call the roll, please. The following resolution was introduced by Commissioner Gordon, who moved - its adoption: RESOLUTION NO. 78.664 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED CONTRACT FOR PROFESSIONAL CONSULTANT SERVICES WITH DR. ERNEST R. BARTLEY IN CONNECTION WITH THE REVISION OF THE CITY'S COMPREHENSIVE ZONING ORDINANCE WITH FUNDING FOR SAID CONTRACT TO BE ALLOCATED FROM THIRD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN AN AMOUNT NOT TO EXCEED S30,000. 21 OCT 241978 Mete follows body of resolution, omitted hate and bfi file in the Office of the City Cletk)k Upon being seconded by Commissioner Plummer, the resolution was VASSed atd adopted by the following vote: AYESt Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R, Gibson Commissioner Rose Gordon Vice Mayor Manolo Reboso NOES: None. ABSENT: Mayor Maurice A. Ferre U,S,COMMUNITY SERVICES ADMINISTRATION 11, ACCEPT GRANT: "COMMUNITY COROJEN0MI DEVELOPMENT CT Mr. Reboso: Item 10, Resolution authorizing the. City Manager to accept a grant from the United States Community Services Administration for a Community Economic Development Demonstration Project. Mr. Plummer: What is that? Mrs. Gordon: How much is it? Mr. Grassie: This allows the City to accept $30,000 from the U.S. Government to run a pilot project on assisting small business in selected neighborhoods of the City. Mrs. Gordon: Move it. Rev. Gibson: Second. Mrs. Gordon: That's good. Mr. Reboso: It has been moved and seconded. roll, please. The following resolution was introduced by Commissioner Gordon, who moved its adoption: Any further discussion? Call the RESOLUTION NO. 78-665 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A $30,000 GRANT AWARD FROM THE U.S. COMMUNITY SERVICES, ADMINISTRATION FOR A COM- MUNITY ECONOMIC DEVELOPMENT DEMONSTRATION PROJECT, PLANNING, DESIGNING AND DEVELOPING A FINANCIAL ASSISTANCE PROGRAM AND THE IMPLE- MENTATION OF A STUDY ASSESSING THE FEASIBILITY OF CREATING A DEVELOPMENT ORGANIZATION TO ENCOURAGE ECONOMIC DEVELOPMENT PROJECTS WITHIN THE CITY BY SECURING A GREATER UTILIZATION AND COORDINATION OF EXISTING AND ANTICIPATED PRIVATE AND PUBLIC RESOURCES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY CONTRACTS AND/OR AGREEMENTS TO IMPLEMENT THE PROJECT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner (Rev.) Gipson, the resolution Was passed and adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice Mayor Manolo Reboso NOES: None. ABSENT: Mayor Maurice A. Ferre PROFESSIONAL CONSULTING SERVICES I2, NEGOTIATE CONTRACT: �0AFPu ,RICEL ELL,ARTINEZ, COCONUT GROVE PARKING ��rr OL'f� I USS RSTRESEARCH CORP,/ STUDY 1ORTI NGINEERING Mr. Reboso: Item 11, Resolution authorizing the City Manager to negotiate a contract for professional consulting services, not to exceed $15,000 in Community Development Funds with the team of Joseph F. Rice/Russell, Martinez, and Holt/First Research Corporation. Mr. Plummer: Has this been run by the Off -Street Authority? Mr. Grassie: This is a separate effort from the Off -Street Parking Authority Commissioner, if you remember, the Off -Street Parking Authority has taken the position that if they are to finance a parking ramp that the City would have to demonstrate the financial feasibility. About four months ago, you directed us to go out and find someone who would conduct that feasibility study. We've gone through the process of professional advertising following the state law, this is the result this recommendation that we hire these people as a result and we would have to turn that report over the Parking Authority. Mr. Plummer: Well, in the future Mr. Grassie, I think it would be well, that when we're talking about such things that someone from the Off -Street Parking Authority be here to answer the questions and I'm going to move this subject to the approval of this action by the Off -Street Authority and I'll move it. The gentleman wants to speak... OD Mr. Reboso: It has been moved by Commissioner Plummer. Rev. Gibson: Seconded. Mrs. Gordon: Which is this, 12? Rev. Gibson: Number 11. Mr. Reboso: Seconded by Commissioner Gibson. Yes, sir. Mr. Glasser: Ladies and gentlemen, my name is Leonard Glasser. I'm an Architect and I'm appearing here as an individual, President of an Architectural Association. I'm a State President of the Society, of American Registered Architects,and before I speak on this matter I'd like to ask you whether there is any evaluation of a presentation by Joseph Mc Gee b Associates and if I could get some feedback on that in connection with this presentation. Mr. Mc Manus: Members of the Commission, there were approximately 12 firms or teams that responded to our Solicitation of Letters of Interest. The firm of Joseph McGee was one of the twelve. The Selection Negotiation Committee then went on to interview the top three firms that they had evaluated in the initial evaluation and the firm of Joseph McGee was not among the top three firms. Mr. Glasser: May I ask the evaluation of the three firms? Mr. Mc Manus: Pardon? W. Glasser: Your rating of them. Mr. Mc Manus: The firm of Joseph McGee, can I read this from the evaluation? Firm of Joseph P. McGee & Associates received and the initial evaluation a score of 17 out of 25. The comment on this -"this firm specializes in parking studies and has completed some of these in other Florida cities, and also in other U.S. cities It is not a local firm, although it maintains a local minority project team. Expertise of local members not directly relevent to this study under consideration, that is, planning, zoning, financial. Experience of the parent firm is relevant and appears adequate. Financial aspects, such as, bonding are stressed as one of the assets to the firm." Mr. Glasser: Thank you. Ladies and gentleman of the Commission. About four years ago, our firm which has done quite a bit of garage work, Nr. Plummer: Who is your firm, sir? 23 OCT 241978 NI. Glasser: Glasser Sacmag Associates. We are consultants on occasions With .]cseph McGee & Associates. About four years ago, when the City of Miami built the Police Station, we felt that we had the expertise to ask for your Consideration in connection with the second part of that project which was the construction of a garage and to be sure that the City of Miami would get the full benefit of our ability we extended ourselves and spent some money and associated a joint venture with a very large national firm Conrad & Associates out of Chicago and California so that we could come before the City Commission at that time and ask to be considered. It turned out that the garage was Awarded to the architect who had designed the Police Station which I would like to make it very clear was quite proper but we did go to a lot of expense to be considered. I suggest to you that the solicitation that just went out has no need for a firm with architects and engineers in it. I suggest that the solicitation was for a traffic, planning, parking consultant with contacts with bonding agencies and what I'm afraid is being done in this case is that by selecting the firm that has been recommended you are putting him in there an A & E Firm so in essence you'll have when an award to go you will be then dealing With a firm that has been involved in that project. The solicitation advertisment that that request presentation from architects and engineers, it was a request for professional consultants in the field of feasibility connection with parking demand and municipal demand. I find this and I just want to lay it out because the only time we can talk to you all is when a matter of which we have interest as before, there is for some reason accidential there seems to be a barrier between us and the Administration, for example, when we made our ... when our presentation went in, time for the deadline it was imppossible to find out who the Selection Committee was. It was my intention to make a presentation or to say to the Selection Committee don't select a firm that is tied in with an A & E Firm at this time, you're just talking about a municipal feasibility. It was impossible for us to find out who was on the Selection Committee, impossible for us to find out when the Selection Committee was going to meet. It was impossible for us to attend a Selection Committee meeting, though I want to and this is not my bag talking on a microphone. I suggest to you that what has happened will happen again in selecting a firm with an A & E package on a job that does not require it will t}' be in a position where you will... a Selection Committee will be prone to give t.... design award to that firm and I do not think that that is the requirement of ... according to the scope of this project. I urge that you ... I urge number one, to find out why it's impossible for people that make submissions, why we cannot find out when the Selection Committee, who's going to be on it. I'm sorry. Mr. Rebos': Mr. Grassie, do you want to respond? Mr. Grassie: Joe Mc Manus, who was involved in the process will speak to us directly on it Mr. Vice Mayor. Mr. Reboso: Okay. Thank you. Mr. Mc Manus: Members of the Commission, the Letters of Interest were asked to be delivered back to the City Clerk I believe on August 25th of this year. The Selection Committee was not appointed by Mr. Grassie until the latter part of September. So at the time that the Letters of Interest came in there was no Selection Committee in existence. Mr. Plummer: Well, the question has to be asked, sir did you ask in writing to be supplied with the information of who the Nominating Committee was or ,Selection Committee? Mr. Glasser: Mr. Plummer, let me say this. I have an office here. I'm a resident of the City of Miami, certainly no one owes me anything. Certainly one firm is going to be selected eleven will not be selected I'm aware of this. We don't go after jobs and I didn't go after this job as an A & E Firm. Joseph McGee does nothing, nothing but municipal feasibility studies in connection with bond ability and traffic. This is not an A 6 E project,that's the point. Mr. Plummer: Sir, my question once again, did you ask in writing for who the members of the Selection Committee were? Mr. Glasser: The answer to that question is no and I would in an anticipation of your question I would suggest to you, that if we put in twelve of us put in ,.. we would expect a notification of,rather than twelve calls to go in looking for that information. That's all I'm saying to you. W. Plummer: Well, fine. Sir, I just wanted that on the record. Now, let me say to you Mr. City Attorney, the man makes a damn fine point and I want to remind 24 OCT 2/.1976 you sir, that I asked you to draw up recommendations to this Commission because 1 want to refresh. your memory that I still even tit today, even though I lost the battle have a tremendous. thing 3.n my craw about firms who are higher to do consulting work who later become the contractor. You will remember in the Communication and the selection of the computer that the company who in fact helped draw up the specs was tl:a company who eventually got the contract.. Now, my terminology might be wrong. l: might be wrong, but I think the man makes a damn fine point which is a reiteratic„ of what I said before that I think that the state has a statute which says that the company who designs and the company who does this is prohibited from bidding on specs that they helped to draw. Now, I would like to urge this Commission, not the Commission, but the City Attorney to get something to us as I have requested some 60 days ago to prohibit this because what they are saying, you know, Eddie Gong makes a statement, "something doesn't have to be wrong but if it looks wrong it's wrong." And, I want to tell you that in my estimation it's wrong when a company sits there and makes specs and then they are allowed to bid on those specs. I just think that it's wrong. Now, I asked for this and 1 haven't got it. Mr. Grimm: Commissioner, may I interject something? Mr. Plummer: Sure. Mr. Grimm: At this stage of the game, they're talking about a feasibility study, not even a design contract. I think what the gentleman is trying to say to you is that the contract that the City might aware for the feasibility study,would also lock in the design firm. That is not necessarily true. That is a choice that this Commission can make. In your other point, now I think this may be more important. Architects and Engineers who do work, design work for the City are prohibited by law from building the project'so that concern of yours is eliminated already. Mr. Plummer: I agree and I'm glad to hear that alright, but I want that to apply city-wide not just as it relates to architect maybe that's where Mr. Knox can get the basis for drawing one city-wide that if we hire a firm to be a consultant to help us design what we need,to help us draw the specs,I feel it is only right that they should be prohibited from selling us that which they helped design. I think it is a foregone conclusion though to give them the inside track and I'm not speaking to the integrity of any company that might be selected in the future but it aint what you say it's how you say it and if you want you can write a set of specs to say anything you want. Now, I'm not casting on any one company but I think that what this will do is in the future keep this from happening. Rev. Gibson: Well, let me ask a question... Mr. Plummer: From what I understand the point you're making sir, is already a prohibition. Mr. Glasser: The point I'm making and I appreciate what you picked up. The point I'm making is that this project does not require and should not require an A & E Firm. It's a feasibility study in connection with traffic and the reason I'm saying it does not require a A & E Firm is because number one, was not part of this solicitation. Number two, a traffic planning consultant falls upon as sub - consultant to himself when he needs it. I'm suggesting that if,you award this job to a firm now, a consultant with an A & E tie -end then that firm has an edge when it comes to the design award in the future. Rev. Gibson: Let me ask a question. Mr. Grimm: Mr. Vice Mayor, I think I should answer that. I did not participate in this committee. I was not a member of this committee so I think my view is objective in sense. The choice of the firm by the committee is one that they do conscientiously with a great deal of review. Now, he's in a sense questioning their judgment. You have that same right. So it's two different points -of -view. What I'm trying to assure the Commission of and maybe this is more important in my opinion is that awarding this contract to any firm for a feasibility study does not automatically guarantee them a design contract, that choice rests with you. Mr. Plummer: We understand that. Mr. Reboso: That's very clear. Mr. Plummer: But you know, that's well and good, but let me tell you something, 25 OCT 241978 they did this s,o they should do this, why go backout and create bore costs why go out and get different trains of thought, it is. just,.,. Mr. Grimm: Commissioner, what I'm trying to say to you is unless that was in the contract that you Award these people they would be prohibited from doing the design by law. If we say that, that this firm is given the design award after they do this xeasibilit.y in this contract, yes, but other than that they're prohibited by= law from doing it. Mr. Plummer: Okay. Mr. Grimm: And, he knows. that. Mr. Reboso: Commissioner Gibson. Mr. Glasser: I want to say something .... because I trade my point, but you're incorrect hecause what happens is by law you just say that the next one is another project, that was done on the design of the Police Station. Gentlemen, I'm not here to talk for my own benefit. In the presentation of McGee & Associates, the name of our firm was not... we're questioning, and I'm questioning as the State Pres:dent of the Society of American Architects, what I'm questioning is, is the procedure and the barrier that was used in making in making a selection that has been put before the Commission today. I say to you that people that made presentation don't tell me McGee is not a local firm when we associate with them and I represent them and I'm available to bring this man into a meeting and we can't find out when these meeting are. I'm suggesting only this and I'll leave. I'm suggesting that getting to the point of today that it was done improperly and I'm suggesting to you that it should not include an A & E Firm in a feasibility for a Downtown Parking Study. This is what I'm suggesting and I'm suggesting that whet I've said today I would have liked to have presented in a much milder manner and presentation of McGee & Associates before a selection committee and I did not have that opportunity. This is the first time I've ever appeared before this City Council, the City Commission and I did it only when I was... we even find this barrier, I called up and I said, has a selection been made, "yes", may I ask who they are? ''We would rather not say until it's made to the City Commission", I came down here today to find out really who was selected, and yet we were one of the twelve. ... I'm suggesting to you Mr. City Manager, that there are things that are being done accidentally by design, by innocence that are not correct and I'm speaking here as an interested party because if we don't get involved we can't observe this from the outside. It was an improper way to come up and make a selection for this committee to act upon. That's all I have to say. Thank you very for your time. Mr. Ret'oso: Thank you, sir. Mr. Plummer: Let the record reflect that in the portfolio that David Plummer & Associates in no way is related to J. L. Plummer. Mr. Reboso: Okay. Commissioner Gibson. Rev. Gibson: I wanted to ask a question. I hope I did not hear you right sir, did you ask, who were on the committee; and did you ask when they were going to meet, is that what you tell us as part of your objection? Mr. Glasser: Yes, yes. Rev. Gibson: Well, let me ask this Mr. Manager... Mr. Glasser: And, I even asked, begging your pardon, Father, I even asked who was selected and I could not get it. Rev. Gibson: Well, I could understand if they didn't tell who was selected because they don't select,they just recommend. Mr. Glasser: Well, recommend. Rev. Gibson: You know, we,... one of the things I hope I'll never do let them select for me, they could only recommend and I'll decide, okay. I don't under- stand why in any instance, any matter that affects this City, any business, why a man can't know when you're meeting, why a man can't know who the Selection Committee is? Now, I know one of the reasons you may not want to tell who the Selection Committee is, that you don't want them to be badgered. Let me tell 26 OCT 241978 you %/hat Truman %aid to his everlasting credit in his grave, "if you can't stand the heat get out of the kitchen", meaning if a committee member cannot stanci the temptation you shouldn't be there.. And, I would hope, I would hope that the business of this City is an open book and if that man ask you who the members of the Committee, te1l me, that doesn't mean he's going to influence and the man says when you're going to weet, you know this is a Sunshine Law you ought to be there to hear, see, now I hope we don't have to go through that no more, okay? Mr. Reboso: Okay. We have a motion and a second. Any further discussion? Call the roll, please. The following resolution was introduced by Commissioner Plummer, �aho its adoption: RESOLUTION NO. 78-666 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE A CONTRACT FOR PROFESSIONAL CONSULTING SERVICES, NOT TO EXCEED $15,000 IN COMMUNITY DEVELOPMENT FUNDS, WITH THE TEAM OF JOSEPH F. RICE/ RUSSELL, MARTINEZ AND HOLT/FIRST RESEARCH CORPORATION/ FORTI ENGINEERING SYSTEMS FOR A COCONUT GROVE BUSINESS CENTER PUBLIC PARKING FACILITIES FEASIBILITY STUDY, AND FURTHER DESIGNATING ALTERNATIVE FIRMS IN AN ORDER OF RANK. (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: Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Vice Mayor Manolo Reboso NOES: None. ABSENT: Mayor Maurice A. Ferre 13, PROVIDE FUNDS FOR: FADE COUIITYy AFTER SC400L ROGRAM 11/1ZTH FUNDING AP Mr. Reboso: Item 12, Resolut on aut orizing t for Dade County as... Mrs. Gordon: Move. Mr. Reboso: You say you move it,Rose? Mrs. Gordon: Father moves it. I second it. Mr. Plummer: Let me ask, where did these funds come from? Mr. Grassie: In this case Commissioner, the funds are coming from the Contingent Fund in this year's adopted budget. Mr. Plummer: Contingent of the regular budget? Mr. Grassie: That is correct. You know, we have no ity nager to provi e un s other source of money. Mr. Plummer: Alright, this is going to be 1/12 of it, where is the rest of it supposed to come from? Mr. Grassie: We're talking about the After School Care Program. You have not authorized continuation of this. We don't have any money to authorize continuation of it. What this would do basically, is carry them for one month and that is all. Mr. Plummer: What is it with the .,. is it with the intention of what's going to happen at the end of that month. OCT 241978 Ofessiet ptesutnatz.ly the ptogtam would he. terminated, Mte 'iUtmer: OB. Okay. They understand the presumption? Mr. Grassie: I'm sure they do. Mr. Plummer: Well, let's make sure that they do, it's only a presumption note. Mr. Grassie: We are telling people in writing on the decisions that you have already taken which have to do with the programs that were not included for funding, we have told those people in writing that their programs are being terminated. Mr. Plummer: Alright, now... Mr. Grassie: Now that would happen with this progtah assuming that you adopt; the resolution that's in front of you. Mr. Plummer: Alright, now... Mr. Grassie: This would give them 30 days notice. Mr. Plummer: ... this relates to item 13. Mr. Grassie: That is correct. Mr. Plummer: Alright, now item 13 is the Community... the Dade County Community: Schools. This is not for 1/12th. Mr. Grassie; Mr. Plummer: Mr. Grassie: No, that is for the whole year. And, where is that money coming from. The same place, also from the Contingent Fund. Mr. Plummer: Well, I'm going to tell you something, I think the rest of this Commission better listen pretty good. I am in no way ready to move. I'll move on 12, okay, but on 13, I just wish all of you had been and had the opportunity that I had to appear in your behalf at that School Board meeting, in which they flat out told us,thanks but no thanks, so I'll tell you I'm ready to move on 12 with the presumption,that on 13,I'm going to tell you, until those people change their attitudes,aint no way. Now, let's go ahead and move on 12 and get that behind us. Mr. Reboso: We have a motion and a second on item 12. Any further discussion? Call the roll, please. The following resolution was introduced by Commissioner (Rev.) Gibson, who moved its adoption: RESOLUTION NO. 78-667 A RESOLUTION AUTHORIZING THE CITY MANAGER TO PROVIDE FUNDS FOR DADE COUNTY AFTER SCHOOL PROGRAM, IN THE AMOUNT OF 1/12 OF THEIR FEDERAL REVENUE SHARING ALLOCATION FOR FY-77-78, FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND TO CONTINUE OPERATION UNTIL ALTERNATIVE FUNDING IS IDENTIFIED. (Here follows body of in the Office of the Upon being seconded by Commissioner and adopted by the following vote: AYES; Commissioner (Rev.) Theodore R. Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso NOES; None. ASSENT: Mayor Maurice A, Ferre resolution, omitted here and on file City Clerk). Gordon, the resolution was passed Gibson OCT 241978 14, PROVIDE FUNDS FOR; DADS COUNTY COMMUNITY SCHOOLS THRU DEC, 14TH Mr. Reboso: Item 13. Mrs. Gordon: Now, on 13, I'd like to address that one J. L.. because I feel very strongly about the need for the Community School Program and I could care less about the Board Members or the Board of Education and how they act and they affect you and other people by their actions because this Community School Program involves people of all ages, children, in fact, number 12, has no value without number 13, because you can' t operate it without number 13 being in place. I feel so strongly about this that I feel with all the important things we act on there's probably nothing more important that affects the people that live in the City of Miami than number 13 and I would move you J. L., that we take out our vengeance on the School Board but not upon the children and the adults who live in our community. Mr. Plummer: Rose, that's all well and good, you know, but this life is give and take and I'm going to tell you something, you're right, my feelings and reflections of the way we "we", not I, it was a reflection on all of us. Mrs. Gordon: I knew. Mr. Plummer: Was from the Board. You know what, let me tell you something, this Commission has fought very hard and even went this year to putting the School or Resource Officers in our regular Police Budget and that's a damn important program, so that it could not be played with in the future, not leaving it to the dicretion of the Federal Revenue Sharing but locking it in into the Police Budget, $175,000. And, you know what the School Board told us,"they ain't paying a dime." I said, do you realize that at best you'll be cutting this program by 50;: and probably destroying the program, they said, "we're sorry." When we asked them to give us a piece of property for $100,000 to keep it from going to the private sector and for private development for commercial uses, you;know what they said to us, "we don't care about what you've done for us in the past, we want to talk about what you're going to do for us in the future and we want a piece of your property in the Government Center", you know what piece of property they want, between our Administration Building and our Police Station;that area right in the center. Now, Rose, all I'm saying is this, by all that is right,this Community Schools should be a part of the Dade County School Board Program. Mrs. Gordon: They funded everything else. This is not what it cost, J. L. Mr. Plummer: Rose, I understand that, but I'm saying by all right this should be their responsibility they're asking us to assume a part of their responsihility when we are at the maximum millage that we can charge our citizenry but they are not. I got my tax hi1.1 yesterday like you did and that tax bill shows that there at 8.4, 8.04 and the City is at a maximum 10. Now, all I'm saying, you know what they told me, told us, "talk with the staff, don't talk with us", now you know what I want to tell them you want this money talk with the staff then come back to me. Mrs. Gordon: J. L., I know how you feel. I honestly do. Mr. Plummer: Rose, I'll go for a 1/12th funding and nothing more. I'll tell you I'm just sorry. Now, you know, I realize the people who are affected are not here speaking for it and that's the kids and that's my only concern but I'm going to tell you I can no longer afford on behalf of the taxpayers of this City to say thanks we owe you and with that kind of a prevailing attitude it ain't but a one- way street and that's out of our tax pocket and they got that trough just like we do. I'll go for a 1/12th funding and let them talk with staff and if they come back with something agreeable, fine. If they don't, let me tell you where I'm at. ... No, I don't want to defer it. I want to fund it for another month. Rev. Gibson: Well... Mr, Plummer: And, I want a damn strong worded letter to go to the School Board and tell them that matter of our's that they deferred to staff,they better come up bath an answer. • • 29 OCT 241978 94 "t"fit J4 Li, tshith. Matter? Which.specific toattet was referred tit You're upset about, which. ofet 1 wasn't there? Mt,Plummer: Two. Mrs. Cordon: Which, one? Mr. Plummer: Number one, Centro Mater, okay the Latin Riverfront Park where we asked them to give us that piece of property which_is.the Bost contiguous portion to the successful completion of that park. Mrs. Gordon: Okay, and did they say? Mr. Plummer: And the portion there that they had rights from the State Road Department which we asked them to transfer and you know what they told us; wetre going to go out and sell it to the private sector. Mrs. Gordon: Who was your spokesman? Who was giving you ... Mr. Plummer: Am I wrong Mr. Grassie? sirs. Gordon: Who was doing the can't imagine them... Mr. Plummer: Now, wait a minute that's only one Rose, then we spoke to them of what the Plan:ling Department in a critical area of the Highland Park School, they spoke about that and you know what they said to us, we've got an evaluation for $100,000 you want it or you don't, they said it in different terms now we're asking to protect that Washington Heights area by giving that school to us for a Community Center or at least so that we can control that which is going to be across the street. Mrs. Gordon: What did they do, they said they were referring it to their staff?, Mr. Plummer• Yes, that's the staff level situation. Mrs. Gordon: And, when are they are going to give us an answer on that? Mr. Plummer: I guarantee you if we force this on them we'll get an answer real quick like, but the one is the Latin Riverfront Park which we have now gone to the Lune of what, about S5,000,000 in acquisition, $4,00(1,000 huh? Mr. Fosmoen: Four million... Mr. Pluzuner: Okay, over a million dollars and here they are going to take a parcel that they don't have any use for and they're going to sell it to the public sector, is that correct? Mr. Grassie: That's what they have advertised for, yes.. Mr. Plummer: Okay. And, B portion something that didn't cost them anything that they got from the state they're not willing to transfer over to us for our use. Mrs. Gordon: Well, you have a point, I'm not arguing ... lir. Plummer: I sure hope I got a point. Mrs. Gordon: I just, you know, like I said before this is Mr. Plummer: Well, I think we ought to put the monkey where the monkey belongs. Rev. Gibson: Well, why don't we give them 1/12th and then I want to speak. See, I want them to be able to... because I want to speak to this. I'd like to move 1/12th of the budget. Mr. Reboso: It's already passed. Mr. Plummer: No, no. Mrs. Gordon: No, no... Mr. Plummer: That's 13 now we're speaking of. Rev. Gibson: I want 13, 13 I want to change that from the total to 1/12th. Mr. Plummer: That's right, I'll buy that. 30 OCT 241978 11111111111111111111111111111111111111111111111111111i •IIIIIIIIn■■ 4t. Reboso: Okay. We have a Motion. Mrs. Gordon: Rev. Gibson: M Plummer: You have to prepare a new teso1utiofi& Well, let them prepare it. r. uaun Right, and wtth a strongly worded letter to the Sthool Boatel, that we are expending these funds but we in turn are looking fot returned consideration. Mts. Gordon: Would you suggest a time element be put in that later so that... Mt. Plummer: Yes, 1/12th is 30 days, Rose. Mrs. Gordon: Yes, but I mean telling them that you know, ••• Rev. Gibson: She want to hear by next month... Mr. Plummer: That's right. Mrs. Gordon: Do you want to go back to them again? Mr. Plummer: No, I'm not going back. They insult me the:;. fault. The second time it's my fault. Rev. Gibson: Alright. Mrs. Gordon: Okay. Rev. Gibson: Call the roll... That's what we got to do.. Mr. Reboso: Okay, do you need a motion now...? Mr. Plummer: Just reword it, George can't you just reword this one the funding? Mr. Knox: Yes, sir. Mr. Reboso: Okay. Mr. Plummer: Call the roll. Father moved it. I'll second i Rev. Gibson: I move. Mr. Reboso: No further discussion. Call the roll. Mr. Grassie: One point, if I may Mr, Vice Mayor before Mr. Reboso: Yes. Mr. Grassie: You only have one meeting in November and that Mr. Reboso: That's right. Mr. Grassie: Your meeting in December is the 14th. Mr. Plummer: But, wait a minute now, you got to make provisions. Mr. Grassie: Now, that means that ... Mrs. Gordon: Move it passed the December meetl.nrl- J.L. Mr. Plummer: Excuse me. Mrs. Gordon: Move it passed the December meeting, because,,, Mr. Plummer: I got no problem with that. Mrs. Gordon: So make it what, is it 4 to 5 days? Mr. Plummer: But I just want them to know they're not going to come here and rape us anymore. Rev. Gibson: Well, I'll go for that. I want it in „ , 2/12th. 31. OCT 241978 Mika Gorden: Yes, okay. 2/12th then. r, Plummer: Well, ,make it whatever. What the becebher inneetiftg? P.eV. Gibson: 1/6 th... Mr, Plummer: For sufficient funding to covet them through December 14t1h. Rev, Gibson: Yes, that's alright. 1/6th. Mr, Reboso: Okay. Call the roll, please. The following resolution was introduced by Commissioner (Rev.) Gibson, who Moved its adoption: RESOLUTION NO. 78-668 A RESOLUTION AUTHORIZING THE CITY MANAGER TO PROVIDE FUNDS TO THE DADE COUNTY COMMUNITY SCHOOLS PROGRAM ON A MONTH -TO -MONTH BASIS IN A PRO RATA AMOUNT OF THE PROGRAM'S REVENUE SHARING ALLOCATION FOR FISCAL YEAR 1977-78 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, THEREBY ENABLING SAID PROGRAM TO CONTINUE OPERATIONS THROUGH DECEMBER 14, 1978. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Vice Mayor Manolo Reboso NOES: hone. ABSENT: Mayor Maurice A. Ferre Rev. Gibson: Let me point, I'm sorry, you through J, L.? Mr. Plummer: Well, I want to know now Mr. Grassie, that now in my estimation i.401 freeing up $175,000 from the Police Budget. Mr. Grassie: Well, if you're talking about the School Resource Officer Program. Mr. Plummer: Yes, sir. -Mr. Grassie: Commissioner, it would free it up only in the sense that we could use those Officers in duty other than in the schools. We would not have extra money because we'd have to fire the Police Officers to get the extra money. Mr. Plummer: Well, I disagree with that and you're right and you're wrong, okay. Because you know, it's not just Police Officers we are furnishing to the schools there's vans involved, there's backup, there's office space, there's telephones, you know, and everybody got their little bailiwick. Now, are the Officers still in the school? Mr. Grassie: Yes, they are, sir. Mr. Plummer: Alright, what is the Administration going to do about them? And, when... Mr. Grassie: We have intended to, first, determine what the City Commission's positi was going to be on the two items that you have just considered. Following that, we would talk with the School Board about the School Resource Officer Program about two pieces of property and about the Community School Program,as well as, the After Care. Now, all of those five points that you addressed when you spoke with the School Board I think need to be talked about with the school staff at the same time. 32 OCT 241978 Mlti Plummett Well, Mr. Grassie} you know, I have no problem with that but let Me tell you what I got a problem with, you stood there with me catching the flack when they clearly stated for the record that unless some member of this toard makesconversatton or a motion there was not any money and would not be any money for the School Board's 50% and you didn't hear any conversation or emotion and neither ritd I. So I'm going to tell you that particular segment is quite clear that the School Board has no intentions of living up to their 50% of the commitment: so 1 foil to see where that portion could be included in negotiations. Mr. Grassie: Well, it may not produce any useful results. It would seem twine that we should at least put them on notice that we intend to terminate the progtat. Mr. Plummer: You'll send me a copy of the letter that you'll going to send to them informing them of such? Mr. Grassie: 1 would intend Mr. Plummer: No, no, I want it in writing. Mr. Grassie: Confirm it in writing. to do it first verbally, and then confirm it in writing, Mr. Plummer: Yes, sir. And, let me be the bad guys,we put up our money, it's there, it's locked in, they're not doing it, I want the copy of the letter. Rev. Gibson: Mr. Vice Mayor and Commission, when J. L., (J.L., I'm going to talk about you). When J. L. and the Mayor came back at our last meeting, I want to make sure you hear this Rose, you may record, if you the record, how horrified I was to learn that the School Board which is a character building agency in this community charged with the responsibility of setting the example for our children could do what they did about the commitment that they had made, you remember I made that observation, nobody listened to me, nobody paid me any attention, the newspaper didn't pick that up. You know, what I do speak so loud you can't hear what I say. I don't understand how they tell children what they tell children aid then you know this year, okay. I'm going to give it to you and then you know, then when we go to them for the money, they say, "look Buddy, we've had it, I'm sorry, you know, forget about it." Now, I promised I dan't want to see this program cut off but I learned a very simple lesson in my life if I can't appeal to yoitt pride I'll appeal to your hide. You all know what that means? Mr. Plummer: Well, unfortunately... Rev. Gibson: If I can't appeal to your pride I'll appeal to your hide. Now, you know, I know we all want to be good fellows but I just feel if the School Board makes a promise, now something unforseen happens that's one story but to tell me in the ... based on the report you and the Mayor brought back and for us just to pass it over lightly, I don't buy it. And, when I know that they have the taxing 46. power to go up more and they want to look on us as a bad fellow. I got my taxes yesterday you wouldn't believe this, they sent me a tax bill for $1,000. Mr. Plummer: I wish mine was that low. Rev. Gibson: You know what I mean, and I said, what? Man, man, man, make sure Mr. Manager you send me a copy of the letter too. Okay? T,LuKgs OVERTOWN DAY CARE IRST UNITE METHODIST COURCH 16, 1/12TH FUNDING F.R,S.F, NDUSTRIApL HOME FOR THE WLIND OUGL iB [GARDENS Mr. Plummer: Mr. Vice Mayor, it would be appropriate at this time,we have another pocket item relating to the same, a Resolution authorizing the City Manager to provide for funds for PROC, St. Luke's Overtown Day Care, First United Methodist Church, Industrial Home for the Blind, and Douglas Gardens in the amount of 1/12th of their Federal Revenue for 77-78. Mrs. Gordon: Here again, J. L., thinking of the timing and the fact that we have first of all, I do believe we have to set a second Commission meeting for November even if it's on the same day. We haven't rescheduled the second meeting. Mr. Grassie: We have two set for the 9th, Commissioner. OCT 241978 MM MM • • titS: Gordon: two for the. 4th? Mt* Grassie: Yes, that was the schedule that you outlined, Mr. Gordon: Okay, then in that case, we'll hear again, and we ought to+go hack to number 11 and treat it the same way or 12 rather, and provide it, an. it coincides with our very next Commission meeting after that the only meeting we have in November. Grassie: Well, in this case, we anticipate that we will have a recommendation for you and it really relates to where the money is coming from, a recommendation On November 9th, ... Mrs. Gordon: Alright. Mr. Grassie: ... so we ought to be able to take ..i Mr. Plurcner: So this would cover it Rose, the 1/12th; ; Mrs. Gordon: Alright, okay. Mr. Plummer: I'll move this pocket item. Rev. Gibson: Second. Mrs. Gordon: Alright. Mr. Reboso: It has been moved and seconded. Further discusion? Ca11 please. The following resolution was introduced by Commissioner Plummer, who Moved its adoption: RESOLUTION NO. 78-669 the A RESOLUTION AUTHORIZING THE CITY MANAGER TO PROVIDE FUNDS FOR PROC, 1/ ST. LUKE'S OVERTOWN DAY CARE, FIRST UNITED METHODIST CHURCH, INDUSTRIAL HOME FOR THE BLIND, AND DOUGLAS GARDENS IN THE AMOUNT OF 1/12 OF THEIR FEDERAL REVENUE SHARING ALLOCATION FOR FY-77-78, TO CONTINUE OPERATION UNITL ALTERNATIVE FUNDING IS IDENTIFIED. roll, (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: Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Vice Mayor Manolo Reboso NOES: None. ABSENT: Mayor Maurice A. Ferre ESTABLISH NEW TRUST & AGENCY FUND EMERGENCY ORDINANCE: "TRADE FAIVAIE tHE AMERICAS- EXPORT Mr. Reboso: Mr. Plummer: Mrs. Gordon: Mr. Reboso: Mr. Grassier Mr. Reboso: Americas. Mr Item 14 has been withdrawn from the agenda. It has? Why? I didn't hear you, what did you say? Item 14 has been withdrawn. The City Attorney's Office has withdrawn it. Now, we have an ordinance here, the one with the Trade Pair of the . Knox, will you please read that ordinance? Mr. Knox: Yes. CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD. Mr. Plummer: Move it. Mr. Reboso: To be moved... Rev. Gibson: Second. Mr. Reboso: ... and seconded. Any further discussion? Call the roll, please. AN ORDINANCE ENTITLED - AN ORDINANCE ESTABLISHING A NEW TRUST AND AGENCY FUND ENTITLED: TRADE FAIR OF THE AMERICAS - EXPORT '79; MAKING A TOTAL APPROPRIATION TOWARD SAID FUND IN THE AMOUNT OF $1,325,000, OF WHICH $200,000 IS THE CITY OF MIAMI'S CASH OBLIGATION, THE BALANCE COMING FROM OTHER REVENUES; AND PROVIDING FOR REVENUES IN SAID AMOUNT; CONTAINING A REPEALER PROVISION AND A SEVERA- BILITY CLAUSE, AND DISPENSING WITH THE REQUIREMENT OF READING SANE ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. Was introduced by Commissioner Plummer and seconded by Gibson for adoption pursuant to Section 4, Paragraph (f) of dispensing with the requirement of reading same on of not less than four -fifths of the members of the Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Commissioner Rose Gordon Vice Mayor Manolo Reboso Commissioner (Rev.) the City Charter two separate days by a vote Commission - Gibson NOES: None. ABSENT: Mayor Maurice A. Ferre Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner (Rev.) Gibson, adopted said ordinance by the following vote - AYES: Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso NOES: None. ABSENT: Mayor Maurice A. Ferre SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8867. 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. OCT 241978 PROPOSED ORDINANCE DEFINING GEOGRAPHIC PATTERNS TO BE BASED 184 DISCUSSION ITEM: ON HISTORIC NEIGHBORHOODS ENLARGEMENT OF CITY COMMISSION Mr. Grassie: Mr. Vice Mayor, we have one other pocket item and this comes from the Mayor. He asked yesterday that we bring this up to you, I believe that you have in front of you copies of a small modification designed to clarify the ordinance which you had adopted previously having to do with nine member districts for the City. What this does,is it clarifies part of the discussion that you had at the time that you adopted the original ordinance saying that in drawing up before proposed districts that the maintance of historic neighborhoods within the City would be recognized, and if you look at the third page of the document in front of you,there is one small phrase that has two lines under it that is the only thing that is new in the ordinance and what it says is, "based on maintaing historic neighborhoods", that is the only new part of the ordinance. Mr. Plummer: Which will be delineated by this Commission. Mr. Grassie: That is correct. Mr. Plummer: With that proviso I'll move it. 2ir. Reboso: Okay, Commissioner Plummer moves. ;ors. Gordon: Did you second it Father? Rev. Gibson: No. Mrs. Gordon: I think you need to explain your reasoning for wanting this more specifically. Mr. Grassie: Well, as I say, this was turned over to us by the Mayor yesterday, which is why it was not part of your regular agenda but the thinking has been that in drawing up the proposed districts,that existing neighborhoods in the City, neighborhoods which have a character and have an identity which have a name where people associate themselves with those neighborhoods, that those neighborhoods should not be divided down the middle or broken up,but the intent in drawing lines for the electro districts would be to respect those traditional neighborhoods and to make it possible for people to vote enough in an established neighborhood for a given candidate rather than separating them off into two electoral districts. Rev. Gibson: Say that again, let me hear it. Mr. Grassie: I think that the principal guideline that this phrase provides Commissioner Gibson is that in drawing up the four districts,which would have to come to the City Commission, of course, for your final approval before they would mean anything, that in that process of drawing up the four districts that the boundaries of existing neighborhoods such as, Coconut Grove or Allapattah, Little Havana, that those existing neighborhoods,insofar as possible would be respected, you would try to maintain a neighborhood within a voting district rather than chop it in two, that basically as_a guideline is the only thing that this language says. Mrs. Gordon: If this is not done, nothing changes, the ballot will still recite this... Mr. Grassie: This does not change the ballot. It simply indicates the good faith of the City Commission that they are attempting to maintain existing neighborhoods, that's all it does. Mrs. Gordon: You know, this really has no value at all, as far as I can see. If it passes,the City Commission can do whatever it wishes so why bother with this? Mr. Plummer: Rose, that's why I had no objections to it. Mr, Grassie: That's correct Commissioner, it is here because the Mayor asked us OCT 241978 td bring it to you and he. feels that it is a clarification before the vote which ie fatter than doing after people have voted on the question. lteV. Gibson: But let me raise a question (repeat). You know, we who sit here understand this, but what about the man out on the street, you see, when you go to get a candidate part of the argument is a1.1 of us Plummer... Mr. Plummer: I hear you Father. Rev. Gibson: ... Manolo, Rose, and I are affected, all of us live over in this area just about. Now, the way it is,you don't have to... you're not constrained. If you do what you're going to do now, I want to be clear because you know, Theodore Gibson doesn't plan to vote for nothing that he doesn't see the light of day in, okay, see you know, man I've been affected all my life and I ain't in 1978 going to do things that's going to affect even more than they have been affected. Mr. Plummer: Well, Father, I think what this is really saying traditionally and historically Coconut Grove has been known to exist from the west boundary line down to the Planetarium, that you will not draw those lines in such a manner that you would for example have two of these at large from the Coconut Grove area, likewise that you would not draw these lines in the north east area in such a manner splitting it into two and the possibility of giving two of these four to the north east area,nor would you draw it in Model Cities , you know, right on down. Mrs. Gordon: J. L., it sounds logical on the surface but there's something about it, I don't know whether is getting the same since of apprehension that I'm getting but I'm getting one and I'm reluctant to pass this without enough study. Mr. Plummer: Then withdraw it. You got to draw it, it's takes 4/5th vote. Mr. Grassie: Well, it is in front of you now simply because of the time schedule on the vote as you know. Mrs. Gordon: This doesn't amend the ballot wording, does it? Mr. Grassie: No, no, this would have no effect on the ballot... Mrs. Gordon: Therefore ... Mr. Grassie: ... it simply indicates a guideline and an intent on the part of the City Commisssion. Mrs. Gordon: I express to you a intuitive feeling that I have that I would prefer not to act on this. I don't know all of the ramifications and I'm reluctant to jump into it even though on the surface it seems... Mr. Reboso: We don't have any second anyhow so... Rev. Gibson: Let me point out something that I want to put on the table. One thing I promised everybody I'm going to deal openly so you know where I am, okay? This is the first time I saw it was just, you know, when you mentioned it to me. I don't want anybody to feel and I have to always defend this. I'm not a Black Commissioner, I'm a Commissioner who's Black. I don't represent Little Havana. I don't represent Coconut Grove. I don't represent Northeast. I represent the people of the City of Miami. I want to make sure people get that and the quicker we get rid of that kind of business in this City,the better off the City is going to be .I want to make sure everybody understands that. Here's what you'll find if a guy lives out here in the Grove sooner or later the people out here think that the thing to do is to go to him because he represents the Grove. And, if he lives in Little Havana the thing he thinks that's advantageous to him is he's go to the guy in Little Havana and say look, man, and then we'll start saying ,you know we got our own little thing. I just raised it because it bothers me. I want everybody to understand that. Mr. Reboso: Okay. Motion lacked... Mr. Grassie: It's withdrawn then. Mr. Reboso: We withdraw the motion. Mr. Plummer: Yes, sure. Mr. Reboso: Okay, Anything else? OCT 2 41978 MM MM MM MM EE • %t 'l'luhief: Mr. pluMMet: Mr. Vice Mayor, t was wondering if it's possible we'll go back easily at 2:00. Mt. Grassie, is it possible that you could contact the people on the 3:00 o'clock agenda, we only have one proclamation, And, maybe those people on the 3:00 o'clock could be here at 2:00 o'clock and we could finish a little bit quicker? Mr. Grassie: We could certainly try. MIS CELLKNEOUS DISCUSSION 191 ITEMS: FLORIDA LEAGUE OF CITIES CONVENT!/ION ENT OVER P TIO AREA OF DINNER KEY XHHI&&ITI01J LENTER ,L,YLUMMER ELECTED AS PRESIDENT OF FLORIDA LEAGUE OF CITIES Mr. Plummer: Alright. I want to bring up another point. In all of the praise that you gave Mrs. Gordon this morning it was failed to bring out that Mrs. Gordon was also solected as the City's representative in the Florida League of Cities, she now sits on the Board of Directors of the Florida League of Cities. Mrs. Gordon: I need sympathy. Mr. Plummer: I would like to announce that Mr. Grassie has the letter, I'm sure about the Convention, and I'm happy to announce as incoming President I was able to persuade the Florida League of Cities to book the first convention in the City of Miami's Convention Facilities and they are scheduled and will be negotiating the final terms with the Administration for October of 1982, So I'm happy to say that I had a part in booking the first convention for our Convention Facilities which haven't even broken ground yet. I'd like to bring up another point, I don't know how many of you have ',ad the opportunity to go next door and to see the Boat Show. Mr. Grassie, I want you to listen to now, because it's dollars out of your pocket, if possible, it's very clear that with the present Boat Show and it is indicated for five shows a year, four put on by Larry Pearl and one which the City will be putting on,the Trade Fair. Out in the patio area, which is 27,000 sq.ft. Mr. Pearl had to expend $17,000 to put a tent and electrical over that open patio. It is indicated that that will happen no less than five times a year or at a cost of roughly $90,000 to whoever rents the facility. I think the City should immediately investigate and develop a cost for this Commission to consider to possibly enclose ... you already have it. (MR. GRASSIE SPEAKING WITHOUT THE MICROPHONE) Mr. Plumzr.=r: That you bring it back and let us have it so that we can look at it and discuss the possibility of enclosing that additional 27,000 sq.ft. So if you'll do that Mr. Grassie I would appreciate it. Mr. Grassie: We'll certainly do that Commissioner. Mr. Plummer: Mr. Grassie, and the question, and I think the answer as far as the final determination, hopefully the determination of this Cozzimission, Revenue Sharing is scheduled, is it for November 9 meeting? Mr. Grassie: That's correct, sir. Mr. Plummer: And, all parties... Mr. Grassie: That's what you had decided before. Mr. Plummer: Mr. Grassie: Mr. Plummer: ... all parties will be notified. That is correct. Alright, that's all I have. Mrs. Gordon: J. L., I want to thank you for appointing me to the position, but want to tell you in front of all these people how proud I was to be there and see you installed as President of the Florida League of Cities, you conducted in a way that you bring great honor to the City and I want that in the public record. I OCT 2 41978 URGE FLORIDA LEAGUE. OF CITIES TO FILE AS AMICUS CURIAE Mr. Plummer: Thank you, Rose in our mutual admiration society. I think it shoulbe be noted for the record that, it has been said in the past there are only two cities in which the Florida League can meet in because of the scope of convention facilities and that was Orlando, and what they call the strip. There is no other city in the State of Florida that has adequate facilities to accommodate us. It was always said in the past that if you hold your convention in the central part of the state that the convention is better attended and last year year it was a record breaking Convention in Orlando which drew some 1,100 and they were just naturally looking for 20% to 25% less at this convention and I'm happy to tell you that they registered over 1,400 and had a total of over 1,700 in attendance which is in fact the largest convention ever held by the Florida League of Cities,and it was a very, very fine convention. I was happy that a number of the people from the City of Miami were there. I will tell you that we displayed our model of the Convention Center at the convention and there was a lot of questions and interest generated by different cities and communities,but it is saying to the rest of the state,that we here in the heart of this City are very much interested in bringing those kind of conventions to our locale. (BACKGROUND COMMENTS) What is it? Rev. Gibson: J. L.? Mr. Plummer: Oh, yes, yes, well you move it and Rose seconds the one in 014 reference to the Florida League. Rev. Gibson: Alright. Rev. Gibson: The entire Commission is hereby requested to study the impact of Alternative No. 2 and 3. Mr. Plummer: Here, let me read it into the record,"a Resolution urging the Florida League of Cities to become fully aware an informed of the facts in the case of the City of Miami vs. St. Joe Paper Co..etc., et al. Case No. 51,775 in the Supreme Court of Florida, and thereafter join the City of Miami in aforesaid case by filing a brief as Amicus Curiae." Moved by Commissioner Gibson, seconded by Gordon. Any discussion? Hearing none. Call the roll. The following resolution was introduced by Commissioner (Rev.) Gibson, who moved its adoption: RESOLUTION NO. 78-670 A RESOLUTION URGING THE FLORIDA LEAGUE OF CITIES TO BECOME FULLY AWARE AND INFORMED OF THE FACTS IN THE CASE OF "CITY OF MIAMI V. ST. JOE PAPER CO, ETC., ET AL." CASE NO. 51,775 IN THE SUPRE:M COURT OF FLORIDA, AND THEREAFTER JOIN THE CITY OF 1.1IAMI IN THE AFORESAID CASE BY FILING A BRIEF AS AMICUS CURIAE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Commissioner (Rev.) Theodore R. Commissioner Rose Gordon Commissioner J.L. Plummer, Jr. Vice Mayor Manolo Reboso NOES: None, ABSENT; Mayor Maurice A. Ferre Gibson OCT 241978 CITY MANAGgR TO DISCUSS ENCLOSURE OF DINNER.KEY tXHIBITION HALL 21, DISCUSSION ITEM: PATIO AREA WITH MAJOR USERS OF THE FACILITY Mr. Plummer: A Resolution requesting Dade County Commission to study the impact of Alternatives Nos. 2 and 3 of the Alternative Alignment Study dated August 14, 78,upon costs, ridership, Urban Development and design,and the People Mover System for Downtown to N.W. 36th Street,.. No, this is not right. In no way is the Downtown People Mover to extend to 36th Street, that's the way this reads, you better correct this. I am very happy that the Administration acts with such great rapidness in reference to the enclosing of that patio. I would like to send this to the Manager with the following instructions that you talk with Mr. Larry Pearl, et al, the people who are the major users of this facility. In my brief discussion there was the entertainment of conversation which stated that they might just be willing to sign a contract with moneys up front by them to finance this project. What we're really saying, I think if it is anyway humanly possible that this Commission would like to see this accomplished and just tell us how the mechanis are that it could be worked out and if no one on the Commission, it's not a final action in anyway but if these people feel so strongly that you're talking about them expending $85,000 minimum a year it would pay for itself in 5 years. Mr. Grassie: Sure. Mr. Plummer: And, if they're willing to entertain conversation of them putting up moneys in front, I think it's worth discussing. Mr. Grassie: We'll be happy to do that Commissioner. Mr. Plumper: Very good. Mrs. Gordon: Good idea, give them a lease. Mr. Plummer: Sure. Hey, Rose, you know, I hate to say this but I got to say it, I wouldn't have any problem with any big problem of putting the Dinner Key Exhibition Hall out to private enterprise and let them run it if the situation was right and if the City could benefit and the public could benefit. I think it's down the road. Rev. Gibson: Fine. Mrs. Gordon: Okay. REQUEST PIETRQ DADE COUNTY TO STUDY ALTERNATIVES 2 & 3 ALTERNATIVE ALIGNMENT STUDY 22, RAPID TRANSIT Rev. Gibson: Do we need this other one for the County? Mr. Grassie: Yes. Mr. Plummer: A Resolution requesting Dade County Commission to study the impact of Alternative Nos. 2 and 3 and of the Alternative Alignment Study dated August 14th, upon costs, ridership, Urban Development and design, the Rapid Transit surface from Downtown to N.W. 36th Street along the F.E.C. Railroad and Biscayne Boulevard corridors, and thereafter advise the City Commission of such study before the County makes a final decision'on the Phase II Alignment of the Rapid Transit System in Downtown. For the Clerk, the difference in wording strike the word,"People Mover System,and insert the word "Rapid Transit insert System". Rev. Gibson: Alright. Mr. Plummer: Moved by Gibson. Seconded by Gordon. Anyone wishing to discuss this item which was discussed earlier in the .day, this is the ratification. Call the roll.. _... 40 OCT 2 1978 The following resolution was introduced by Commissioner (Rev.) Gihttinr who moved its adoption: RESOLUTION NO. 78-671 A RESOLUTION REQUESTING DADE COUNTY COMMISSION TO STUDY THE IMPACT OF (a) ALTERNATIVES NOS. 2 AND 3 OF THE ALTERNATIVE ALIGNMENT STUDY DATED AUGUST 14� 1978, UPON COSTS, RTDERSHIP, 11RrAN DEVELOPMENT AND DESIGN, AND (b) THE RAPID TRANSIT SYSTEM FROM DOWNTOWN TO N.W. 36th STREET ALONG 'THE F.E.C. RAILROAD AND BISCAYNE BOULEVARD CORRIDORS, AND THEREAFTER ADVISE THE CITY COMMISSION OF SUCH STUDY BEFORE THE COUNTY COMMISSION MAKES A FINAL DECISION ON THE PHASE II ALIGNMENT OF THE RAPID TRANSIT SYSTEM IN DOWNTOWN 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 etld adopted by the following vote: AYES! Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso NOES: None. ABSENT: Mayor Maurice A. Ferre ti E. C, ABBOTT AND RICHARD PALLOTT APPOINTMENT: ECOLOGY & BEAUTIFICATION COMMITTEE Mr. Plummer: Mr. City Manager, I want to tell you so t at you now on iv Consent Agenda, I want to pass this, this afternoon with the ulltll understanding that that check is notmade payable until I've personally gone inspect it. This fire station for some reason gave us more problem... Mr. Grimm: It's been withdrawn. Mr. Plummer: It's been withdrawn? Mr. Grassie: Item 20 is withdrawn. There's only one item left on the Consent Agenda, Commissioner. Mr. Plummer: Well, okay. I'm glad to hear that, that's vewggive me a chance to go up there. ... I just brought it up.... What Mrs. Gordon: Lunch. Mr. Grassie• Really, presentations and personal appearances. Mr. Plummer: 16, 17, 18,19, and 21. I don't think 21's any problem. it, which it'll wipe out the Consent Agenda. Rev. Gibson: Second. Mr. Plummer: Any discussion on 21, if not, call the roll? I'll trove OCT 241978 the following tesolu€ion was introduced by Commissioner Plummer$ with 56%ed its Adoption: RESOLUTION NO. 78,-672 A ftBSOEUTION APPOINTING MR. ELIOT C. AHBOTT AIM MR. RICHARD PALLOT TO THE CITY OF MIAiI COMMITTEE ON ECOLOGY AND BEAUTIFICATION. (Hera follows body of resolution, omitted here and on' file in the Office of the City Clerk). t3pbn being seconded by Commissioner (Rev.) Gibson, the resolution was 'a%spd and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Vice Mayor Manolo Reboso NOES: None. ABSENT: Mayor Maurice A. Ferre .`t PLATTING REQUIREMENTS FOR CHURCH, .24, BRIEF DISCUSSION AND TEMPORARY DEFERRAL: Rev. Gibson: o then the personal appearance is all we have? Mr. Plummer: Yes, Father, we have one other pocket item and this is in reference to the Catholic Church building of a Retirement Home in conjunction with the St. Dominic's, on the grounds of St. Dominic's Church and it is the waiving of the platting, and I'll move it. Mrs. Gordon: Second. Mr. P1utr er: Anyone wishing to discuss this item, if not,call the roll? The Clerk has a copy. Mr. Ongie: Yes, sir. (INTERMIXED COMMENTS) Mr. Plummer: Alright,hold it until after lunch there seems to be a problem over bere. Hold it until after lunch. Rev. Gibson: So then after lunch we'll just take up the personal appearance, is that it? Mr. Plummer: Well, Father, I'm hopeful that the City Manager can get the 17, 18, and 19 moved up to 2:00 o'clock and we can be out of here by 3:00. ltev. Gibson: Yes, man, let's... . MISCELLANEOUS SQUTHERN BELL FRANCHISE DISCUSSION b OUNQBRE4ING FOR LONVENTION CENTER ITEMS: VAY t,ARE LENTERS -tr Mr. Plummer: 44r. City Manager, since we have a little bit of time for discussion, you ought to hate these areas, I'd like to know what's happening with the Day Care Centers? W. Grassie: I'm assuming that you're speaking of the City's Day Care Centers, Mr. Plummer: That's the only one I control. Mr. Grassie: Those are operating normally Commissioner. We have a re -organized staff effort there and we are particularly paying attention to the question of auditing, monitoring the Administration of the program. I think that within a 42 OCT 2 41978 reasonable period of time and I'm talking about three months that we should be able to give you a quantified report indicating how the programs have been changed but right now they Are operating as you have known them in the past. We've not changed the centers and what is being worked on is the quality of the Administration. Mr. Plummer: Okay. You got anything you want... we got five minutes, you want to utilize it i:or any reason? Mr. Grassie: No, you can adjourn early if you'd like. Mr. Plummer. Well, give us the status of the Southern Bell Franchise. (MR. GRASSIE NOT SPEAKING INTO THE MICROPHONE). Mr. Plummer: No, just let's use the time it's so damn seldom that we have time to, to bring us up to date on areas. Mr. Grassie: As you know, the major thing Commissioner, that has happened itt`the voting on the proposed franchise ... Mr. Plummer: That's history. Mr. Grassie: ... the question has been turned down. Now, the immediate next step will be to enter into an agreement with the Telephone Company on a 1-year extension of the current terms without any change. During that one year we will again have to get back with the Telephone Company to see if we can arrive at a new proposition because we do have to sooner or later have a voted franchise in order to make legal and proper the operation of the Phone Company in the public right-of-way. Mr. Plummer: Okay. Are you going to break the ground on the Convention Center by the 3rd of December? Mr. Grassie: Breaking ground is a relative kind of term. You know, that we have done some earth moving and that there is significant amount of work that has been done on the site already. In terms of the official dedication and ground breaking ceremony, certainly that could be done before the 3rd of December. Mr. Plummer: No, sir, the 3rd of December is my birthday I want it to be significant. Mr. Grassie: Oh, you want it on the 3rd of December? Mr. Plummer: Yes, sir, I want , what day is the 3rd of December? That's a Sunday, well that isn't going to work is it, so we'll have it on the 4th. I told you before I got a case of fine Italian wine riding on this thing. Mr. Grassie: Yes, but I thought it had to be done before not on. Mr. Plummer: No, by the end of the year. The first week in December, we agree? Mr. Grassie: Well, let's match it up with everybody's calendar so that the City Commissioner's can all be there. Mr. Plummer: That's the first week in December. Mr. Grassie: And, assuming that that is the week we're talking about certainly we'll be happy to do it then. Mr. Plummer: Alright. Rev. Gibson: We'll be back here at 2:00 o'clock. Mr. Plummer: Fine. Mr. Grimm: Commissioner, we were not able to get in touch with Morty Freedman, but we left word that his time has been changed to 2:00. The second person, Mr. Bain will be here. The third persons have withdrawn and asked to be rescheduled for the 9th because they could not make it at 3:00. Mr. Plummer: Is that this item 19? Mr. Grimm; Yes. 43 OCT 2 41978 • IIIII■■IIIIIIIIIuIIIIII■IIuIII.11lllnlmnmmm■ -.• Mrs MluMtet: It'sbeen withdtawn? Mt. Grittmt Yes, and will be heard on the Sth.. Mr. Plummer: So, the one of Jerome Bain will be on the 1 8th. Mr. Grimm: No, no, he will be here at 2:00, Morty Freedman, we felt %56td fo' to be here at 2:00, he was not available ... Mt. Plummer: Fine. Mr. Grimm: Mr. Plummer: ... so I think 2:00 is okay. WHEREUPON the at 2:05 P.M., See you then. City Commission recessed at 12:00 o'clock noon and reconvened with Commissioner Gordon and Mayor Ferre absent. Mr. Plummer: What time did the Vice Mayor say this meeting was Mr. Ongie: 2:00 o'clock. Mt. Plummer: What time is it? Mr. Ongie: 2:00 o'clock. Mr. Plummer: Where is the Vice Mayor? Mr. Ongie: No aqui. No este aqui. MI VE PLATTING REQU I REMEtITS HOME FOR ELEDOEROOF PUBLICTIRO VORKSAL AND BLDG, DEPT, SU13J , TO R Mr. Plummer: We saved a lot of money today on the Mayor and now we've saved the money on the Vice Mayor solution on the building of the building forlthe Bishe Bishop at St. Dominic's, the Administration has now had the opportunity and would only like included in the title,Mr. Clerk,that in the event that the Catholic Church goes broke and sells the property,that it would have to come back for replatting, with that inclusion in, I move the item. Mr. Reboso: Okay. We have a motion and a second. Any further discussion? Call the roll, please. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-673 A RESOLUTION AUTHORIZING THE WAIVING OF PLATTING REQUIREMENTS AND AUTHORIZING THE ISSUANCE OF A BUILDING PERMIT TO PERMIT THE CONSTRUCTION OF A HOME FOR THE ELDERLY AT EL RETIRO CARROLL, LOCATED ON A PORTION OF GOVERNMENT EXCESS LOT NO. 1 DESCRIBED BY METES AND BOUNDS AS FOLLOWS: THE S. 320' OF THE W. 60' OF THE E. 822' OF EXCESS GOVERN- MENT LOT NO. 1 LYING BETWEEN TOWNSHIP 53 SOUTH, RANGE 40 EAST AND TOWNSHIP 54 SOUTH, RANGE 40 EAST, LYING SOUTH OF TAMIAMI CANAL LESS THE S. 35'THEREOF; AND THE WEST 345' OF THE EAST 1107' OF EXCESS GOVERNMENT LOT NO. 1, LYING BETWEEN TOWNSHIP 53 SOUTH, RANGE 40 EAST AND TOWNSHIP 54 SOUTH, RANGE 40 EAST, LESS THE SOUTH 320' THEREOF, SUBJECT TO COMPLIANCE WITH ALL REQUIREMENTS SET FORTE[ BY THE PUBLIC WORKS DEPART- MENT AND THE BUILDING DEPARTMENT OF THE CITY OF MIAMI. (}ere follows body of resolution, omitted here and on file in the Office of the City Clerk) . 47 OCT 241978 MMMW e MEW Upon being seconded by Commissioner (Rev.) Gibson, the resolution �tes passed and adopted by the following vote: AYES: Commissioner J. L. Pluirmer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice Mayor Manolo Reboso NOES: None. ABSENT: Commissioner Rose Gordon Mayor Maurice A. 1erre Rev. Gibson: INAUDIBLE COMMENT? Mr. Ongie: Right. Mr. Plummer: Well, that works both ways, Father, if the Episcopal's have trouble you come see us. JEROME BAIN REGARDING USE OF RAILROAD R,O,W, AND STREET PERSONAL APPEARANCE: DURING CQNSTRUCTION OF 22 AVE, HIGHWAY & STORM SEWER IMPS, Mr. Plummer: Mr. Mayor, Mr. Mayor, I want to chastise you sir in the absence... in the presence of the President of the Chamber of Commerce there is a City Ordinance against carrying an umbrella. Well, when it fails to rain outside I'll put it down. Mr. Reboso: Can we go ahead then or do we wait for Rose? Mr. Plummer: Is Mr. Bain here? Mr. Bain, why don't we go ahead with him? no reason why we can't that is if Father comes back. Rev. Gibson: No, no, I'm right here. Mr. Bain: Gentlemen, thank you for this opportunity. The part that I want to talk about is an area along the railroad track between S.W. 22nd Avenue and 24th Avenue along Southwest 27th Street. I own property across the street, some multiple units and since they have started the construction way back when, I have had all my tenants move out of it because of the situation that exist there. I have written to the City and have presented my complaint to them and have received sympathetic responses but I have not received any action whatever. According to your contract with this organization,it specifies in there and we're talking about 40. field office and storage site and it states general," when the scope of the project is sufficient to require that a field office be provided or an area other than any actual construction site is needed for the storage of materials or for storage servicing or repair of the contract as construction equipment, that contractors shall be required to provide a suitable site properly zoned for this type of use." This area is not zoned for that type of use. It is across the street from R-4 zoning and it does take on the zoning that applies to that across the street. Further, I would like to bring to your attention that the people on this construction site started their machinery from 6:00 o'clock in the morning and because of my complaints they have reduced it to 7:00 o'clock. I know because I was out there at 6:00 o'clock and they have a storage area of anywhere from 20 to 30 heavy tractors and machinery and at 6:00 o'clock in the morning it starts with a tremendous amount of noise bothering my tenants and as I say they all moved. Further, for your information, the site or rather the street that that's on is 60 ft. wide street. By my measurement and I'm talking about approximate from the property line across the street there is 40 ft. to the fence. Consequently, that fence is encroaching on about 20 ft. of right-of-way and they created a real problem there, not only in noise and dust and everything else,but they have field house there and according to a letter that was written by Pete Long from your department it says we are in receipt of your letter dated June 7th and are pleased to see you are taking some steps to lessen the annoyance your construction operation is causing to the residents opposite the railroad that you are using. The action you have taken, however, is insufficient,both this department and the Building Department agree that the current use of the property is improper and that you are not only using it for storage of equipment and material as authorized by Resolution 72-413,but you are also using it as a work yard to crush back fill,as a maintenance yard to repair equipment and as a field office which serves as a control point for the entire project. All of these operations create noise and activity objectionable to nearby OCT 241978 (C0MISSIONER ROSE GORDON ENTERED THE MEETING AT 2;10 P.M.) residents and their complaints dictate that we require you to cease the use of the property for anything but storage of equipment and material. All other operations must be moved to another site. Gentlemen, this is back in June 13th, and I might say to you that it's cost me in Jost revenue and out-of-pocket expense some?ihere in excess of $5,000, if I did not have the resources I might have been caused to have my property foreclosed because of mortgage payments, but luckily I did have the resources but I don't think that it's fair for me or anybody else to have endured this type of misuse of property and I say to you Gentlemen and Ladies that it is encumbent upon the City to protect those people who pay for the protection of the use of their property and peaceful use of their property and I've asked time and time again to get the cooperation of the City and have not received it. I get the replies back that well, we're going to do what we can and it's never done. Pete Long tells me that the City of Miami is going to withhold payments on the project until they conform with the proper use of that land and move the objectionable and illegal use to other sites. I would venture to say and this is a guess,that such is not the case they are collecting their payments and at the same time I am suffering. I not only would like to ask the City to stop this but I think that these people ought to make restitution for expenses that they have caused me, not to mention the aggravation and out-of- pocket expense and I can't begin to tell you the time that it has inconvenienced me with regards to the use of my property. Mrs. Gordon: Mr. Grassie, how long has it been... How long has it been Jerry since you first started complaining about this? I know it's been a long time. Mr. Bain: Rose, I started way back in April and it's been going on and on and I'll tell you I had all my tenants move out of there because of it, and I will also tell you this, that when I've had to show that property people would come by and say, how long is that going to sit over there, and I said, "quite frankly til March 79", and that's the truth and they say, well, I can't move into it. And, I've even had put up a fence on the bottom portion to keep the unsightly mess that we have over there. You know, with a control point, I have movies of it and other slide pictures which I didn't want to bother you with, but I want to tell you that there are cars that come there three and four deep from the City and other sites, other construction people to that area, and it is a unconsciousable thing for the City to permit to have done and nothing has been done since then. Mrs. Gordon: Mr. Grassie, would you speak to that, please? Mr. Grassie: Certainly. I'd first for Vince Grimm to give you a little bit of background on the project and then I think we probably need just so that you have more of a complete picture we need a comment from the contractor and I'd like Pete Long to speak to it also. Mr. Grimm: Yes, Mr. Vice Mayor and members of the Commission, both Pete Long and see representatives of the contractor are here to answer specific questions but before they start maybe I have to lay a little bit of ground work and I sympathize with Mr. Bain and others, you know, there is no easy way to build sanitary sewers in the City without making some kind of a disruption to the neighborhood. Now, we have three choices, one,is we can store all of these materials that result in the construction and the public rights -of -way. Two, is we can store them on public property and three, is that we can require the contractor to find a site of his own on private property. Now, this Commission and previous Administrations have repeatedly been more or less negative about using public property because of the disruption that that causes to the everyday use of that property. Now, you could say well what's the difference between the disruption of the public property and the private property and the only answer I can give to you there is that it's more isolated. Now, obviously if we did trenches in the street to build sewers and we store all of that material that is in the process of that construction on the street we're going to disrupt neighborhoods for weeks and weeks on end rather than isolate them. Now, Mr. Bain says that the City has not cooperated. I would take exception to that. I personally made arrangements to have Mr. Bain meet with representatives of the contractors four or five months ago, )Sr. fain, for same reason or another never showed up at that meeting. Mr. Bain: I have. I'm sorry, I have. Mr. Grimm: Well, at the one I made arrangements for you didn't show up Mr. Bain, Mr. Bain: I showed up with them. Mr. Grimm: In any event, Mr. Long who's in charge of construction for the Public Works Department and representatives of the contractor are both here and I think 46 OCT 241978 4P they Can defend themselves. Mr, 'gain: May I respond? Mrs. Gordon: What... Yes, go ahead. Mr. Bain: Let me just say this, the appointment that was made,was made oh 23rd Avenue, not at the field house. I finally went down there and got a hold of the representatives and did meet with those individuals and with the representatives of the construction company. When you talk about disruption and providing a place to house and store all of this material, Mr. Grimm, that's their responsibility. Just because they haven't looked or haven't found anything doesn't mean they have to take the lesser road by expediency and that's what they did do. They are in the right-of-way of the City of Miami street, they're in there by about 20 ft. in addition to being in a place that's not properly zoned for it. Mr. Plummer: Let me ask this question. Are we speaking of one company or two? Are we speaking of... because as I understand it there's two projects going on, one project is the widening of 22nd Avenue. Mr. Bain: We're not speaking to that. Mr. Plummer: That's not in the contention and the second one is in fact, the, sanitary sewers in the area between 17th Avenue and further west, alright. So we're speaking of the contractor doing the sewers. Mr. Grimm: Yes, sir. Mrs. Gordon: What's the timetable on it, Vince? Mr. Bain: March of 79. Mrs. Gordon: Well, what has he got to look forward to other than an empty building and a loss of income between now and then? Mr. Long : I didn't understand :he question... Mrs. Gordon: The question is a statement. The question is an observation, what has he got to look forward to other than an empty building and a loss of income? Mr. Plummer: Well, I think there's a better question to be asked, Mr. Long, he read a letter which yc'u wrote, informing the people to vacate as I understand the letter this illegal activity. And, he obviously has not done so. Mr. Long: He has not vacated the property. 41111" Mr. Plummer: Well, did you instruct them to? Mr. Long: He did change his operation somewhat. Mr. Plummer: May I see the letter? Mrs. Gordon: Is the contractor here? Mr. Long: Yes, they're represented. Mrs. Gordon: Can we have them speak? Mr. Plummer: Well, I'd like to hear, okay, you dropped something... Mrs. Gordon: I want to ask the contractor if he's making a profit on this contract? Mr. Plummer: Now, Rose, you know, none of them do, they all lose money. They do so many of them it's ... Mrs. Gordon: Well, I might be a little facetious in my observation but if he's making a profit,he's making this man's income. He's losing money to your benefit and I don't think that's fair. Mr. Gunyen: If I may, I'm Rick Gunyen from the firm of Brumer, Moss, Coin, Rogers, representing Intercounty. In direct answer to your question I think the american way of business is to try to make a profit. 41 OCT 241978 ems. Gordon: Sutely, but tot at so,ebody else's expense, sit. t bean, you haven't cooperated sufficiently to cause to lessen the hardship you've placed upon this man. Mr. Gunyen: Well, we feel we have. We're not in violation of the contract. The contract calls for the use of this particular piece of property for certain reasons through Intercounty Construction in that area of the sanitary sewers. Mr. Plummer: Well, sir, were you not, you,your client put on notice on the 13th day of June or subsequently thereafter, that you were in fact in violation? Mr. Gunyen: Of certain provisions of the contract which had been stopped and corrected. Mr. Plummer: But as of that time you were in violation. Mr. Gunyen: I'm not sure about whether it was a continuing violation or a one time occurrence, I'm sorry. Mr. Bain: It's still in violation and they still have their field house there. Mr. Gunyen: The contract calls for us to setup a field house, a temporary facility. Mr. Bain: In an area that's properly zoned for it. Mr. Plummer: Well, I ... you know, you all can speak, but I'm going to tell you something, I go by this property everyday, alright, and I'm going to tell you something it's a damn disgrace. Now, I see those trucks and tractors and every- thing out there and they're out there, I don't know what they're doing truthfully, I see them put a load of rock and dirt there and the next thing I know they're moving it back and forth. The street, I'll tell you is just unbelievable. The people are not even in my estimation making an attempt to keep the street clean, and I can imagine that if I lived across the street from this, you know, with all the mud and all the rest it's just unbelievable to ask somebody to live in that kind of a circumstance. Now, let me tell you one even further than that, that address is his problem, but I want to tell you Joe, I am getting phone calls from the people on 24th Terrace and that surrounding area that tell me that it's just totally unbelievable at the snail's pace that this thing is moving. Now, I go by 7-11 everyday and I don't know if that's involved in your project or this project or not, but let me tell you what they did, Friday afternoon they went out and tore up the whole damn street and then we had to live with it the whole weekend and they're back out there 7:00 o'clock in the morning in the rush hour traffic got it all tied up again. Now, I spoke to you at the last Commission meeting and I told you that we ought to try to work out of spirit of cooperation to get these people off of the main streets between 7 and 9 and 4 to 6 in the afternoon, and the first thing I'm faced with is 7-11, I'm using that for a location, they got a drag line out there, they're reduced down to one line of traffic. Now, if that's the kind of cooperation we're generating I don't know, 24th Terrace has been torn up for over a month. Mr. Grassie: It is a bad situation , Commissioner. Mr. Plummer: But what are we doing to correct it? Mr. Grassie: We have written, Mr. Grimm, has personally written to the County and to the contractors to see if we can get them moving on that. You do understand that the project is not within our control. Mr. Plummer: The sewers are. Mr. Grassie: The street project that you're talking about, this is the street being torn up ... W. Plummer: Well, that's why I asked the question, this company is not the one working for the County, they're working for us. Mr. Grassie: That's correct, but they're working on sewers, Mr. Plummer: And, they're the ones that are using the property on the northside of the railroad tracks. Rave you gone by there? Mr. Grassie: Yes, within the week. 48 OCT 241978 Mr. plumtfler: Have you seen what they're doing to me further down now ffom 17th Avenue east? I don't know if that's this same company: Mr. Grassie: No, I have not been by that side. Mr. Plummet: Well, you ought to go look, okay, now, we got an annex to theit storage yard, you know and... Mr. Grassie: We have had also problems with sidewalks as you know and we've done some emergency repairs on them. Mr. Plummer: Joe, look, to me the thing is very simple, there's not a simple answer but the simple moral answer is that people have got to continue to live with this progress and where we're falling apart is to the degree of where it's happening. Now, you know, I know it's going to cost the contractor a few extra dollars to have somebody go out there with whatever you call that broom on a tractor and clean the streets. I know it's going to cost them a few extra dollars to wet down the dirt so that it doesn't fly in everyone's direction, but I'll tell you there's got to be a reasonable ground and I don't thin}: at this point when I look at 24th Terrace in using that for the example I'd like to bet you it's closer to six weeks that that's been torn up and now the problem is even further compounded by these torrential rains that we've had, you know, and somewhere we've got to understand that this community has got to continue to live with progress and I'm going to tell you something, you think this an is complaining. I wouldn't be that gentle. I really wouldn't. Mr. Bain : Mr. Commissioner, as I said, Mr. Long informed me that the construction company was not going to be paid until they eliminated the problem, is that the fact? Mr. Long: I told you we would with hold payment. We are withholding a payment now. Mr. Bain: A payment, a payment. No, we were talking about two or three months? ago, have you paid them since? Mr. Long: Yes. Mr. Bain: 0kay. Mr. Long: They did modify their operation. working before 7:00 o'clock in the morning. You complained Mr. Bain: That's right, that was one of the complaints. Mr. Long: You're were complaining to me that they were crushing rocks on Mr. Bain: No, I was complaining a lot of things. Mr. Long: And, we were trying a reasonable settlement, here. and it's been spoken up. Mr. Bain: But these people have not wanted to do it, they've gone ahead and Wave taken the attitude the public be damned full speed ahead and that's exactly. Mr. Plummer: That's only the Public Service Commission, nobody else takes that term. Mr. Gunyen: Mr. Commissioner, can we respond to some of this public be damn? Mr. Plummer: You know we can go through all the rhetoric you want to, okay? Mr. Gunyen: I didn't come here to make a flowerly speech I came here to talk facts. Mr. Plummer: Okay, facts is because I'll tell you how I feel very, very truthfully. I've laid it on the table. I've got... (BACKGROUND COMMENTS...) Mr, Plummer: Well, sir, I'll be glad to give you the opportunity to speak when I'm finished, alright, sir? Mr, Ongie: Sir, I need your name for the public record. OCT 241978 Plummer: Now, we can go throughall the rhetoric you want. I feel sorry for the contractor, he's got a problem. I feel sorry for the City because they're caught in the middle and I feel sorry for Mr. Bain, but 1 don't want to hear any rhetoric, really, what's happened has happened, tomorrow is what I'm worried about and that's what I want to hear what the Administration is going to do to allow people to live in their home under circumstances that are not normal but still live a normal life. Now, you can, you know, we can go through history ... Mr. Reboso: J. L., let me tell you, I receive everyday a lot of complaints about the job that is taking place in the Southwest 8th Street but if we want progress people have to have some inconvenience, it's no other way to avoid it. Er. Bain: We don't deny some inconvenience. Mr. Reboso: People want progress but they don't want inconvenience. I receive complaints everyday about the work that is taking place in Southwest 8th Street. Well, we have to do the job or the County has to do the job some inconveniences. Mr. Bain: But there is a limit to the inconvenience and I think this is abusive. There is, I don't talk about the dirt in the air, I expect it. I don't care about the storage in there, I expect it, but when they abuse the use of land, not only that but encroach on the right-of-way and extend their fence into the right-of- way and use it as a field house and for mechanical place,1 think that's abusive. Mr. Reboso: Well, Mr. Grassie, why don't you take a look and... Mr. Grassie: We will Mr. Vice Mayor and members of the City Commission, we certainly will be working with the contractor to make sure that the contractor lives up to every responsibility he has under his agreement with us and we will do what is possible to minimize the inconvenience. Now, if we go past what the contract calls for what that means is that the City is going to end up having to pay for extra work to do extra services, and maybe that will be called for, I don't know. I will ask the staff to look at that possibility and maybe we will have to do some of that sort of remedial work. Mr. Reboso: We have to move forward. We have Karl Wilson waiting here. Mr. Plummer: Mr. Vice Mayor, please I would defend this gentleman's right to speak who wanted to if he still wants too. Mr. Reboso: Yes, do you want to say something? Mr. Smarsh: Yes, this is , if I may, Mr. John Smarsh from our company to just make... Mr. Plummer: Surely. Mr. Smarsh: ... one comment... Mr. Plummer: If he feels that I made some statements out of line he surely should have this time to respond. Mr. Smarsh: I just wanted to respond quickly myself to one thing. Obviously, I think we all understand that as far as Intercounty Construction's work, we are dealing in a sanitary sewer project. We are not the ones who are tearing up the roads down there at 7-11 for instance, however, common sense would tell one that you cannot put in a sewer system without digging a hole, and when you dig a hole the reason that's it a hole because the dirt is out of it. There are two choices fcr this contractor or any other contractor in this type of circumstance, that is leave the fill that then goes back into the hole when the piping is finished in the area for easy access or to haul it away to some other area and then go back and get it to bring it back. Now, we sympathize with Mr. Bain too, except that the alternative to this type of storage which we're allowed to do under the contract is to have hundreds and hundreds of trips to and from a distance storage area by large noisy rattling dump trucks everyday to bring that fill back after it's been taken away by those same dump trucks before,and I would say that being a parent myself and I'm sure there are children in this high density area and other people that use the sidewalks and the streets,that's a lot more dangerous situation then the situation that is now there. I would much rather had the situation if I were in Mr. Bain's shoes the way it is than having dump trucks coming down that street constantly, which is the other alternative. Now, he's also spoken of our field house. OCT 241978 Mf, Piuminet Noi there's another alternative, but... Mt. Smarsh: Yes, that's don't put in the sewer system. W. Plummer: No, there is another alternative, maybe that's where the iltoblett is, okay? The other alternative is like when they did the sewers in my neighborhoods They went down the street and they finished it as they went and they covered it back up es they went, my street was only torn up for about a 10 days, As they came down and they dug their centerline, they did their side laterals and they filled it back in and they came along right behind it and they put the tar back over it. W. Gunyen: I understand. A lot of this work though is in conjunction if you'11 recall with the widen of 22nd Avenue, which is not within our control, hr. Plummer: 24th Terrace is not. Mr. Gunyen: And, I'll say one more quick thing if I may, and then Mr. Smarsh wanted to say something. Along with the alternative of all these dump trucks,etc, and the moving of equipment constantly which I think would be more of a nuisance and I think most of the general public would agree the cost to the City of the contract would be prohibitive under those type of circumstances to have hundreds of truck trips per day added to the cost of this contract when now the dirt is moved a few yards, pardon me. Mrs. Gordon: What about the field house, sir? Mr. Gunyen: The field house is a temporary facility,it is a tra have something to operate out of. Mrs. Gordon: When are you taking it away? Rev. Gibson: May I ask a question? Isn't there no happy compromise, you know, if every improvement or change there is some inconvenience? I would hope that we who live in the City of Miami would want to try to understand. We don't want one person to do all the understanding but I sympathize with what you're saying sir, and I'd like to go the way and I'll bet you not a single Commissioner would agree that since sir, we ought to do what you have indicated by satisfying you, then hike the difference on the cost of the contract. Nobody's going to want to do that. So what we have got to do is to have a mutual understanding and agreement and tolerance for each other. Now, you know, maybe Mr. Grassie, you would need to say to the County, you know, we want you to pick it up, maybe nobody said anything to them, maybe he's playing footsie with them, but I don't see why this man has to be waiting ad infinitum, I don't think these people ought to have to make a hundred trips because if you pay for gas and tire and all that stuff, whereas you may be getting by with $325,000 you'll end up with $650,000, and I know, you know, all this cry out here but, even you will be crying with me. I just cried this morning about my taxes, you know, we'll then want to say, well, Mr. Plummer: Cry, I had a heart attack. Rev. Gibson: ... And, how do you get progress, and I just hope can't we agree to come to a mutual understanding knowing we have problems rather than, you know, Mr. Bain: I'll be perfectly agreeable to have them rent their property for the time they're there, that's what they're doing. I don't think that that's reasonable either, but I'm willing to take a certain amount but when you put a field house there and you have every vehicle that has to do with this type of operation come to that focal point, that's abusive. I haven't talked to you about the storage of your pipes and your sand and your dust and all of that. That I can understand, but when you have a workshop out there, when you work on your trucks and all of your other equipment and when you have a focal point there, I think this is abusive and I think frankly what has happened, I think Intercounty made a contract with the City, and incidently, the City is held harmless in the contract and what they did is they made a contract with you and then he found a way to make some extra money by finding this location as a real terrific convenient location without regard to the rest of the public. Rev. Gibson: Let me ask a question Mr. Grassie? Mr. Grassie: Yes, sir. Mrs. Gordon: That's true. 51 OCT 241978 Re,v. Gibson: I heatwhat the gentleman say and I sympathize with hint can the City tent his property? Mr. Plummer: It's the railroad ptoperty? Mr. Grassie: My impression is that the operation that the contractor has is toostly on F.E.C. Railro+ld Property.... Mr. Plummer: Be's talking about renting the apartment out. ar. Grassie: ... and he feels apparently, Mr. Bain feels that part of it is of the public right-of-way, in other words, our street. lrs. Gordon: What he's saying ... Rev. Gibson: Look the gentlemen and lady if a public right-of-way is a right -of, - way for all of us and I take it that the City is looking out for all of us. I hope we are. So what's wrong, if they're using your property I think the City ought to rent it. Mr. Plummer: Well... Rev. Gibson: ... because you raised the question. Mr. Plummer: Let me try to make it. Mrs. Gordon: The poin': is the field house is the objectional part about the whole thing because they're using it as a focal point, a place to come back to until the entire project, am I wrong, is completed? Mr. Gunmen: That's true and we have to have a focal point but the choice, again we're faced with choices as to applicable put, we could move it down the way and then instead of Mr. Bain here, it would be Mrs. Jones. If, we have to have a focal point, our operation is centered in Ft. Lauderdale. Mrs. Gordon: Well, you don't like... Mr. Gunmen: If we have to send all of our equipment to Ft. Lauderdale every night so it doesn't bother Mr. Bain then the City has to pay for the gas to bring it all back. Mr. Bain: I'd appreciate that. Mrs. Gordon: Mr. Bain is not being unreasonable. He's a property owner, he rights of an individual... Mr. Gunmen: Absolutely. Mrs. Gordon: ... private property owner to have peace and quiet in his neighborhood. You make it sound like he's a terrible person because he's complaining. Mr. Gunmen: I don't mean to sound that way at all. I would complain if I were in his position if I was to that ,to the mind of doing it. That's not the point. Mr. Plummer: Can I try to offer a happy compromise? Mr. Reboso: Yes. Mr. Plummer: Mr. Vice Mayor, may I suggest return this over to the City Manager? We knew that we're on the horns of a dilemma, we agree and disagree with both sides now, Mr. Grassie you come back by Friday with a written report to this Commission, each one of us, telling us what you have found and what you have done to correct it, bring this in with compliance and one other thing, I would be willing if it cost this City a few extra dollars to complete this project in advance,a reward for the contractor, where we charge him so much if he goes over everyday the length of the contract, we give him a bonus for coming in before the contract,to try to get the thing brought to a conclusion if that might be considered but you come back to us to us Friday telling us what you have found, what you're doing to correct the situation and then we'll go at it again, other than that I don't see whatever we can do we're just on the horns of a dilemma. Rev, Gibson: Let me ask, is the field house on your property? _52 OCT 241978 *4 Bain: No, sir, it's not, but if it is directly across from our property partly on the City property, and in an area that is not zoned for it. Aid, your contract provides that a field house must be on private property properly zoned for that use. Rev. Gibson: I don't want to belabor the point and hold the argument up, but you know, it seems to me if the property is City's property and you're doing the City's work and we got to have the improvements somebody has got to suffer. Now, you know... Mr. Plummer: Father, we all agree, it's the degree of suffering that's where the problem is. Mr. Reboso: Well, let's move. Mrs. Gordon: Father, it's the length of tithe... Mr. Reboso: Joe, you take care ... problem. Mr. Grassie: We'll get back to by Friday, yes. Mr. Smarsh: Because of the magnitude of this job, it's almost imperative contractor has one particular... Mr. Rehoso: Excuse me, your name and address for the record. Mr. Smarsh: My name is John Smarsh and I'm with Intercounty Construction Company I'm General Supertindent. We have to have a central point of operation. Now, we have a place on 71st Street in Miami where we repair our equipment. We have a place in Ft. Lauderdale that we repair our equipment. The only work that we do SPI` on this project in that particular location is maintenance work with regards to having equipment operable when we need it. We don't do any particular repair when we do preventive maintenance;as the tire goes out we have to repair it, if there's a fuel filter that needs to be replaced we replace it, if a brake lining is broke we replace it, that's the type of work we do in that yard. As far as the stock pile and material,we have to either inconvenience the whole neighborhood and leave the material out on the road, which we're not allowed to do because we have to maintain local traffic in those areas. Now, I'm certain that with a project of this magnitude everybody has to suffer. Now, we started out by distributing our manholes along the sites where we needed them. Now, this is costing us money to take these manholes and centralize them in the location that you're speaking of Mr. Plummer that is east of 17th Street. We had the stock pile manholes. Alright, now we put the manoles in front of properties along that place and the people complained. We had to reload the manholes just to satisfy the people. Within our rights of our contract we were allowed to store them there. just to please those particular people we did that, it costed us extra money. Now, we accommodated Mr. Bain with regards to the time we started to work. He says we start at 6:00. We never started at 6:00. We started at 7:00. 0ur equipment started at 6:30 in order that it could be lubricated. There was no time any equipment started at 6:00 o'clock in the morning. Now, with regard to the statement you made 24th Terrace it's deplorable condition, I've driven that street in the last two weeks, it's passable, I mean, there's paving on the road... Mr. Plummer: Would you go speak to Mrs. Ann Miller in the 1800 block of 24th Terrace, who called my office this morning when she had to swim out of her house. Mr. Smarsh: We're not responsible for that Mr. Plummer. It was water. We didn't put any storm drains in that job. We did not change any grades in that area. Mr. Plummer: Obviously, grades... look, I don't want to argue, okay? Mr. Smarsh: But, I'm saying... Mr. Plummer: All I'm saying is, we're getting the complaints. Mrs. Gordon: Mr. Bain, would you tell us what you feel has to be done to alleviate your problem? Mr. Bain: Well, I think first of all, move the field house to another location. Now, you talk about,where can you move it, there are other areas along the right- of -way that is properly zoned for it, that's one thing. Get off the right-of-way, which is city -owned right-of-way,because as long as you encroach on that right-of-way 53 OCT 241978 11111111111111111111 M you take patt of the vehicular, the. ability for vehicular traffic to bone along 27th Street. Mr. Sm*tsh:That's not correct. That's a mistaken. We're not out in the roadway: Mr. Bain: Well, I can tell you that the size of that street is 60 feet and if you will measure... Mr. Smarsh: ... we are not in traveled roadway. Mr. Bain: ... if you will measure from the property line to your fence it's approximately 40 ft. I don't know where you're going to get the other 20 ft4 Mr. Smarsh: flow wide is the street Mr. Bain? Mr. Bain: 60. Mr. Smarsh: How wide is the paved street, Mr. Bain? Mr. Bain: The dedicated street is 60 feet. Mr. Smarsh: !;o.: wide is the paved street Mr. Bain? Mr. Bain: The paved street is about 33 feet. :1r. Smarsh: We are not on that paved street. Mr. Plumper: Can I fail to see where this rhetoric is but just further apart. Mr. Grassie: We'll have a report for you by Friday. Mr. Reboso: We have been 40 minutes on this issue. MI. Bain: Thank you, gentlemen, I appreciate it. Mr. Reboso: Thank you very much. Mrs. Gorden: I just wanted to say one thing before we close because that back and forth is unnecessary. His statement was you're in the right-of-way. The right-of- way is the dedicated right-of-way, it doesn't say the paved street,sir. Mr. Smarsh: Mrs. Gordon, he made a statement that we were disrupting vehicular traffic. We are not disrupting vehicular traffic. Mrs. Gordon: Yes, but he made this statement also that you were in the right-of-way and you are. Mr. Smarsh: ldidn't he saidcorrect we wereodisruptingstatement trafficn the zight-of-way. corrected him when }r. Bain: Well, that's a matter of opinion. Mr. Smarsh: Yes, sir it is. Rev. Gibson: My brethren, you all are all good citizens,go try matter, try to live with it. Mr. Smarsh: We thank the Commission for the chance going to get us anywhere OCT 241978 28, PROCLAMATIONS, PLAQUES AND SPECIAL ITEMS Mr. Reboso: Excuse me for a second, let me make one presentation, two presentations... 1. Presentation of a plague to Mr. William Moriarty, Chief Immigration and Naturalization Officer, for his service to the community. 2. Presentation of a Proclamation to Mr. Dean Hoopes, Secretary and Mr. Joe Hamilton designating the month of November as "National REACT Month". COLONEL MITCHELL WOLFSON COMMITTEE TO RESOLVE PROBLEMS OF COMMITTEE REPORT: GALE OF BEER IN THE ORANGE BOWL DISCUSSED & TEMPORARILY DEFERRED Mr. Reboso: Colonel Wolfson, please. Col. Wolfson: Mr. Mayor and distinguished Commissioners in the City of Miami, OR Mayor Ferre appointed a Citizens Committee and as he addressed us he spoke in somewhat the following words, "hopefully this committee will be able to assist the City of Miami to overcome what seems to be a stumbling block at this point between the Miami Dolphins and the City of Miami on how to have beer served at the Orange Bowl." We also thought that our committee should come back to you with additional recommendation with regards to the Scoreboard, which we think the City should have. 00. Mr. Plummer: Excuse me, Colonel, just for the record, Mr. Vice Mayor and Mr. Manager, we did have a public hearing scheduled for 2:30, is this going to put us in a bind? Is there anyone here to speak to item 16? Is there anyone here to speak to item 16, which is the 2:30 public hearing? Colonel, let me make it legal. 30, CONFIRM ASSESSMENT BAYCREST HJ.GOWAX IMPROVEMENT ROLL: Mr. Plummer: And, I offer 16, a motion to approve 16. Mr. Reboso: We have a motion and a second. Any further discussion? Call the roll, please. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-674 A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF BAYCREST HIGHWAY IMPROVEMENT H-4373 IN BAYCREST HIGHWAY IMPROVEMENT DISTRICT H-4373 AND REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT NOT HEREBY CERTIFIED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner (Rev.) Gibson, the resolution was passed and adopted by the following vote: OCT 241978 Coissionet J. L. Plummet, Jr. Comthissioner (Rev.) Theodore A. Gibson *Cot jssioner Rose Gordon Vice Mayor Manolo Reboso NOES: None. ABSENT: Mayor Maurice A. Ferre ON ROLL CALL: Mir. Ongie: We're on item 16, Mts. GotdOn. Mrs. Gordon: What was the motion? Mr. Ongie: It's the ...confirming assesstent Highway Improvement. Mrs. Gordon: Oh! Mr. Plummer: We're now legal. o1. tot Cohgttuoti.00 of taycrest COLONEL J 1TCHELL wOLFSON COMMITTEE TO RESOLVE PROBLEMS OF 31, COMMITTEE REPORT: SALE OF BEER IN THE ORANGE BOWL Col. Wolfson: The members of the Committee are Jean Bellamy, past President of the Miami Chamber of Commerce and gdmber of tor andthe Board of Publisher ofDthecMiamitors oTimes,f Sun Band of Miami, Mr. Garth C. Reeves, Sr., to helpme with this presentation if you they're both here today, and is going want to hear from them. Mr. Bill Reuben, Chairman of the Board of Jordan Marsh, who was out of the City in New York who we spoke to aftertiour meetMr.itgw and rt agreed with our recommendation and said that he went along President of Sears, Roebuck in Miami, who is out of the city, and Mr. Carlos Arboleva+ President of Barnett Bank, who is in Hawaii today and was unable to be at this meeting today. Now, what it seems to us was important was that the public be permitted to have beer in the Orange Bowl according to the mandate which they voted about 2 to 1 and at the same•• Mrs. Gordon: 26 votes between the ayes and the nayes. Col. Wolfson: Was that it? Mrs. Gordon: Yes. ht, I stand corrected. ... They also, the Orange Bowl Co. shouldWolfson:have veAlry scoreboard, which will cost somewhere in the neighborhood a very g of $360,000. Now ,our objective all along was ttthisoscoreboardthe andnecessary have facilities to serve beer and at the same time get the City lay out any money,that this was to be done with the Dolphins payingthe that entire amount of money to provide these es andnthenthis theoCityawouldand benefitthe cost would come out of some of theconcessions from it and have that as permanent improvement. Now, this can't be done on the basis of two years, which is the thought of the contract which the concession expires in 1980. The lease owe thought nthe stadium for at itthe Orange d.Bowl to the Dolphins expires in 1897, July, and so Mr. Plummer: No, 87. Col. Wolfson: 1987. Mr. Plummer: 87. Col. Wolfson: 87, yea. We thought that we would like to recommend very, very strongly to the Coannission that you extend the concession leaseed yto o would gexactly the same time that the stadium lease expires would be fair to the citit sufficient reward for that and tha(etfollowing recommendationsy aWe recommend the Dolphins and we have come up with the 0. It that a scoreboard be provided for of thecontract the Orange ta cost of to install such,a0scoreboard� take about six months from the date 56 OCT 241978 hOpefullyi it could be soon so we could have it for the Superbowl, but at least we tight as well tell you what we understand the price to be. Now, we recommend and we are positive that the Dolphins will accept this, that the Dolphins make the entire initial $360,000 investment and that the City, of course, will have to pay the interest on half of it,as well as Mr. Robbie paying half of it, and that the City will be able to recruit the cost in three years. We believe that that: they can sell sufficient advertising where the City will make about $10,000 a year for the first three years on that 50% of the profit and after that the City will get 50% for the entire net figure because the scoreboard will have been paid for. Now, the advertising goes for selling these scoreboards is 15% that's the usual pay for City advertising. The City will in turn will receive whatever it cost to maintain the scoreboard and the electricity, utilities and that type of thing, and after that it will be split 50/50, so the City will get a brand new $360,000 scoreboard without putting up any money and it will be paid for in three years with a minimum profit to the City of about $10,000 a year we figure and then thereafter it should be in the neighborhood of maybe $100,000 a year from the advertising;that's with regards to the scoreboard in which the City will get by giving the Dolphins an extension on their concession lease to 1987. Now, with regards to the extension of the lease of the concession, there are two parts to it. We'll take the beer part first, because that's the most important part. We recommend that the City amend the contract,if they don't amend it I guess get a new contract because it wasn't fair to be sold there before, that put a first... about a year and a half, not quite two years because it'll take about three months to install this, we believe though it can be installed in time for maybe one or two of the last games of the season and surely for the Orange Bowl and also for the Superbowl, that the beer be permitted to be sold in paper cups only, no bottles, and not to High School or Rock Concerts, so that beer sale can be properly controlled and this will require an investment of about $330,000 the kegs will be down on the ground floor and there will be pipes up to the various stands so they can be served in paper cups and there will be no bottles in stadium. Now, where will those $330,000 come from? Again,the Dolphins will advance and put out the whole $330,000,and what will the City get, We propose and recommends that the City gets and we're sure this will be acceptable 32% for the balance of the two years, which the Dolphins have a contract with the Restaurant Associates and they have to pay them a certain amount of money and after the two years for the extension of the 1987, 6 or 7 years that the City receives 35% of the gross receipts. We're tacking about gross receipts, not net, gross receipts from the sale of beer in the Orange Bowl. We believe that this will be a very fine, fine, fair deal for the City and a very fine fair deal for the Dolphins and what's more important,it'll be a great benefit to the public who seems to want beer in the Orange Bowl. Now, the City's revenue of course, for the first a couple of years will be somewhat limited because they will have to pay for the permanent improvements of this $330,000 out of the $330,000;should be about $210,000 that's permanent that will always stay in the Orange Bowl. Mr. Reboso: $200 and how much? Col. Wolfson: $210,000, and the Dolphins will pay $110,000 which is the temporary figures which are not permanent but we always attached to the property and that will come out of the beer sale. We believe that in three year's time the City will make a handsome profit after this money is returned for the payment of the $330,000 the Dolphins have laid out and it's been represented to them that probably thereafter the City will make as much as $200-250,000 a year off the sale of beer in the Orange Bowl, so this could amount to a great deal of money for the City and we certainly recommend that that's a fair deal one which will enable the City to accomplish what apparently the public voted for and not endanger the public by not having any bottles in the stadium and not serve to Rock Concerts or High School Games and that type of thing, and then finally we came down to the last part of the concession. At the present time,the concession pays 30.5% that was the contract that the City made with Restaurant Associates in which now the Dolphins are paying. We looked around all over the country five or six stadiums and we find that as a most reasonable and I can assure you that is a most reasonable rent to be paid, and we only found one stadium where they will get as much as that from the concessions, however, we said we thought that there ought to be a little sweetning in the deal just so that it would be something that the City would get a little bit better and so we're going to recommend for the first two years when we still have Restaurant Associates you keep the 30.5% and thereafter for the balance of the lease increase it to 31% and we think this is a very fair deal for the City. We think it's a fair deal for the public, for the City of Miami and we think it's a fair deal to the Dolphins and we all recommend it unanimously. Now, I'm here, as is Mrs. Bellamy and Garth Reeves to ask any questions. We hope that this will settle the controversy. We hope that you all will vote on it this afternoon and as we like to say in show business7get the show on the road." 57 O C T 2 41978 tev. Gibson: I didn't heat that last... Col. Wolfson: "Get the show on the toad". Rev. Gibson: No, no, t. d{..1.u't haar those figtites, f1th bbt t ortied M bttt th chow. Col. Wolfson: Services on the road. P.ev. Gibson: After the contract runs out that you not. have Associates, now I understand 32% the first two years or the and after that 35%. Col. Wolfson: Yes, sir. IL Rev. Gibson: Okay. Now... Mr. Plummer: That's on the beer. with Restaurant first year and a half Rev. Gibson: Yes, that's on the beer. Nuw, 1 got lost in the I'n a slow learner, I got lost in the 30.5 which we now get. Col. Wolfson: Yes. Rev. Gibsor: V!,en you asked me to move from letting that contract run out tot: you know that... you said 34 and 5 what happened to the other part of it? Col. Wolfson: That stays until the end of the present lease which is about two years. Rev. Gibsor: Alright. Col. Wolfson: And, then thereafter 31%. Rev. Gibson: So then I'll only get 5% for being a good boy. Mr. Plummer: No, half a percent. Rev. Gibson: I mean 5.5% that's what a half percent. That's what heard. Col. Wolfson: Right. So, Father Gibson... Rev. Gibson: No, no... Col. Wolfson:...you're exactly right, and let me tell you the reason why we recommend that and we recommend it very straight forwardly and very sincerely is because we checked what public stadiums are getting and that is a very, very fair deal, in fact in my opinion, and I have a good deal of experience in this business our company, some of you may know we're in the concession business. We do some 60 or 70 million dollars worth of concessions we're probably the third largest Concession Company in America. We were not able to bid on this contract because I would have a conflict of interest being on your Off -Street Parking Authority and so we didn't bid, but I will tell you right now we would not have bid that much money because we couldn't make any money out of it and I believe it's a very, very fair amount for the City to receive; and the main thing I thought that was important for the City was to want... you know, I listen to that d debate this morning beween folks here and it reminds me of something that I live by and I think all of you do because you wouldn't be in the position you're in if you didn't, democracy is the art of compromise of details without surrendering princi- ples. Now, sure this is some compromise of details but the City does not have to surrender any principal in this instance and this is the reason why we're recommending it to you because I think it's fair and reasonable and something that you can live with and that nobody in the United States can say that the City of Miami is giving anything away for what we have recommended as a matter of fact you're getting a better deal than most of the stadiums in the United States, we haven't checked everyone but we did five or six together. Rev. Gibson: Let me get my facts together. Presently, we get 30.5% for the stadium, the concession there 30.5% that's what we get now. Col, Wolfson: Tes sir. 58 IIII Inuuu■nIIIII■nI Rev. Gibson: You're saying that to begin With selling beet, lettS fotget the other business, we get 32%. Col. Wolfson: Yes. Rev. Gibson: For a year and a half or this year and another frill yeat Col Wolfson: Right. Rev. Gibson: Okay. Col. Wolfson: See, because Restaurant Associates ate there at it. Rev. Gibson: Alright. Col. Wolfson: So the Dolphins don't get that. Rev. Gibson: Okay, alright, I want to make I got this clear in my mind. Then, after the two year period or a year and a half, or either way you read it. We are to get 352. Col. Wolfson: Yes, sir. Rev. Gibson: Okay, but we will only get 31% on Col. Wolfson: On the sale of food. Rev. Gibson: ... the sale of food. Col. Wolfson: Yes, sir. Rev. Gibson: I want to make sure I understand, sir. Col. Wolfson: Yes, sir. And, everyone we've checked they've got a higher percentage on beer and that's why we recommend that and they got a lower percentage on food, quite a bit lower. Some of them as low as, well, I won't mention. Some of them quite low. Rev. Gibson: Let me ask another question. I think that if a man 'wantsne eoto go with this deal, I could understand that now you know, you know, u. I'm with your reasoning, but he's using our money when he builds a scoreboard. you know, I just don't understand how he wants to you, you know, I know what the legal interpretation is. The legal interpretation is we are there in place, I understand that, and that's what Mr. Robbie is saying. I want to say this, not that I don't disagree with you, but I want to tell my friends who serve on that committee this, Restcurant Associates, Mr. Robbie met Restaurant Associates there, okay. I want you to hear this story if I don't do it I wouldn't be true to Theodore. Mr. Rot'bie v.sc never satisfied. Now, he tells you Restaurant Associates is another animal hut he is the same one and the same, you know. what I mean, he pushed Restaurant Associates out. I remember when I first came here we had one hell of a fight on this Commission because he felt that he was generating the crowd and he went in there with that understanding, he went in there knowing Restaurant Associates had that contract. Okay. Now, why I raised the question is he's going to get the scoreboard. We have a deal with the scoreboard outfit and he took the same attitude. I just want to put this on the table. I hope to God the day will come when some of the people around here will feel that all of us don't have to knuckle under and that we who are theCommissionerss ought to . Now, please be just as determined for the people as they are to get understand what I'm saying. I want to settle the thing that's why I agreed to the committee business and all of that but I just don't want my friend, Joe Robbie to tieve nor hinktoo, and when I seeyou know, I want im to theselearn figureseI wantjtotsayke you to thesaid, publicl,e art of compromise, eyes question. Mr. Plummer: For therecord, Mr. Grassie, the latest contract negotiated by any bowl to your knowledge was what? Mr. Grassie: The latest contract negotiated by any bowl or... Mr. Plummer: Or concessions. It's a baited question. Mr. Grassie: I think possibly you have reference to a newspaper report of sometime OCT 241978 back faith tegatd to Tampa Stadiut. Mr. tlummet: What was the percentage's Mr. Grassie: That spoke to 41%. Col. Wolfson: 45% but we understand that's of the net acid I Wbuidh't de l if f were you with anybody on the net. Mr. Plummer: Well, that would be an interesting point, is that of the net Cif the gross? Ccl. Wolfson: That's what we understand. Mr. Plummer: I think it warrants looking into very definite. See, Colonel, let me tell you where I have a problem, okay? My problem is not necessarily that of Gibson. Because regardless of what you read in the paper about the problems between the Commission and maybe J. L. Plummer in particularly, Mr. Robbie, doesn't exist in my mind. I admire Mr. Robbie for being a damn good businessman and that's what he is and he's protecting his interest,but you know people wanted to deny me the right, not you of course, or your committee, the people wanted to deny me the right for trying to be a good man to protect the public, the public the City of Rjami taxpayers and because of that we had clashes, which are healthy and they're good, but let me tell you, you see right off the bat+Colonel, we have a problem and let me just use one segment and I won't go because you might be right, that the Tampa Stadium was of the net and not of the gross,but rest assured tomorrow morning the Manager is going to have me an answer on that. what I have in my hand is a letter Colonel that states a very reputable company in this community has offered to this Commission for the purpose of selling for the next two years beer in the Orange Bowl, 45%, not a dime to the cost of the City, fully recognizing that it is only a two year contract. Now, I don't know if your committee had the availability of that material but I find it very, very hard and I know your old Key West saying about, "sweetning the pot", to find where raising a half a percent or excuse me, 11% as it relates to beer is really sweetning the pot, ,hen I was looking at 45% and at no cost to the city. Now, that's out the window because the court said we cannot make those dollars available to the public. The court says we're bound we've got to either do business with Mr. Robbie or we don't do business,and I find that most unfortunate regardless of who's fault it is, the courts have made a determination;but where I'm finding the problem is that once again the recommendation is coming back to this Commission that we put up $210,000 to help cover a man to do business. Col. Wolfson: You don't put up anything. Mr. Plummer: Well, now, excuse me, it was my understanding that we will be paying $210,000 of the installation of the equipment. Col. Wolfson: If our people pay the whole thing out of the percentage that he's giving for it, and then you will get your 50% thereafter once it's paid for. Mr. Plummer: Well, I understand, but what you're saying is, why don't we pay it all up front or whether it's taken out of our percentage of profit for the next three years, it's still dollars out of the City's pocket. Col. Wolfson: But, that's permanent improvement to the Orange Bowl that belong to you. Mr. Plummer: Colonel, I don't disagree. I don't disagree with that. My problem is I had a company, you see, and that's the only thing... everything in this life is measurable and the... Col. Wolfson: Sure. Mr. Plummer: And, the only thing I can measure it against is the only legitimate offer that we had, which now the courts tell us we can't taste. Mere again, I feel like every member of this Commission or at least I think and even Rose, who has been up front, honest and outright that she's voting against everything pertaining to beer in the Orange Bowl and I respect her and admire her for her stand... Col. Wolfson: I do too. Mr. Plummer: ... I wished I'd taken it from the beginning and I wouldn't be involved in this damn mess, you know, she's a lot smarter than I was. I would strongly suggest at this point that the committee reduce to writing what you have put here. 60 OCT 241978 u iiiiu n■•IIIIUIim let the l4anaget go over and I don't think he is going to take very long because of the fact it's damn little difference between that which he recommended many, many months ago and he be able to scrutinize this, go over it and then make his recommendation to this Commission. I strongly that way because really and truthfully we're only speaking at the present time in a time frame to one item. The scoreboard. of course, could not be in for this season and if we've signed a contract before the end of the year it would still he available for next year. The concession extension is not anything ... time frame it's a matter of a motion if i.t is to be approved granting them an additional six years or seven years. Col. Wolfson: Six years. Mr. Plummer: Six years. So, the only thing we really are up against as far as _ the time frame is maybe providing some suds for the last couple of games tso 1 wouk theld recommend Mr. Vice Mayor that we take this Committee report. First, Committee for their involvement, we take this and reduce it to writing, surrender to the Manager, and I for one would like it compared to your original recommendation and of course, pursue it further as to what you see as good and bad and report back to this Commission as soon as possible. I think that's the only fair way to do tt. Mrs. Gordon: A question. was there any discussion relative to the removal of the clause from their contract as to the three years and out on the lease? Col. Wolfson: No, there was no discussion on that. Mrs. Gordon: Had you thought about this possibility that...? ME Col. Wolfson: Yes, we did. And, what we have recommended and what we have said and it's agreeable that in the event that they were to give the City three year's notice which we think is not probable but if they did all the beer property and sign board and all that would become immediately the property of the City. Mrs. Gordon: Yes, but that's not the point. The point is that if they got an extension in the contract to the end of the period of time that the lease recites and they'd have a three -year-end out clause;logically it could be assumed that they would keep that contract relating to the concession in effect and still vacate the Orange Bowl for greener pastures. 61 OCT 241978 m. t Es mi sotli WOifson:..everything would be cancelled. In other words theyhey cou'1dh' gg keep the contract. The contract should be so worded that if they give the E 3 years notice on the Orange Bowl,..the concession, beer, food, II and scoreboard, and all that, is out at the same time. Rev. Gibson: Colonel let me tell you what's worrying me. I Col. Wolfson: Does that answer your question? Excuse me a minute. Mrs.Gordon: Yes, it answers my question. M 1 III III Rev. Gibson: Let me tell you what is r�hiny•wirwasnwilling to take hasse raises percentage.I it, because I was the bugaboo on this 9 . willing to take the percentage that thManancer clause. mennddedwthatnhe dawas itilling to accept, providing, he takes out thatescape you know what, let me tell you something lCth�nklyou tookain't atlotiof theuheatthat your tentage you are talking about, because know, and all that, and all that, and wteappriatetit. sI wantuhimoto getwrid onto f that escape clause,man, because let me you wcourt thinking we had a deal, --a binding deal. Man,im the went avengotoeape aclawyeraund,all of a sudden all hell broke loose. I don't want Well, let me say this, I'm inclined to go for that 32t him youtalk tatkrabout,tthat335 you talk about, that 30.5 then that 31.I get daof that 3. You see, he keeps that over our head. And you know what,dI have think I his re- peatedly, of course, you know I am a clergyman, so they now business. I know that guy isn't going nowhere. You see, I know he isn't going nowhere. This is the best sugar tit he had ti. nhis life. .nAnd go ugknow gwhat, 1 am determined he is going to suck that sugar up on the 3 years. You all didn't know I knew that language. Col. Wolfson: Father Gibson, one thing I wouldn't worry about that he is going to leave the Orange Bowl. Rev. Gibson: I agree. Col. Wolfson:I don't know how that gote in there, committee,bbecause that's theut that wasn't ebesady t location made. It didn't belong to any members of th in all the United States for a place to get in and out for traffic, and you've got a great spot there. Mr. Reboso: Out of curiosity, how's the paper cup going to work? Rev. Gibson: How did what? MR. Reboso: The beer in paper cups. Mr. Plummer: How is it going to work? Mr. Reboso: How is it going to work? Mr. Plummer: I don't follow what you,... Mr. Reboso: I think besides a bad deal, we are going to get hot beer. Mr. Plummer: Oh, oh, oh. Mr. Reboso: What system are they going to use, in paper cups? Mr. Plummer: They are going to freeieuitedown n below in the kegs and pump it up through the system. That's what d. Mr. Reboso: The vendor in the back,... Col. Wolfson: The beer will be down inthe 7hat'sopartdofnthe lcost oThenu otherefllgbe aced room which will have to be built. pipes up to the various stands, and the cups.will bSo piup d it'll be draft beer, and then it will be served 62 Rev; Gibson: We can't take no chance on bottles end cehsr Co1. Wolfson: No cans, no bottles. Rev. Gibson: They'll get just enough, and turn out that Bowl. We tart affotAd that. Col. Wolfon: There'll be no cans or no bottles under our recommendation. Rev. Gibson: I agree with you Colonel. Col. Wolfson: You know, you have a pretty good committee here that the Mayor appointed, excluding yours truly, Jean Bellamy, who is on a bank board, Garth Reeves, who made a big success with a wonderful newspaper, Bill Rubens, head':of one of the great Chains of this country, and also the other two gentlemen. You will have to make the decision naturally. And we expect you to make it, based on your best judgment, and all we can do is make a recommendation to you. But what we were hoping was, that will all the controversy that's been going on in this thing, that we got Mr. Robbie to more or less, compromise details. He naturally wouldn't surrender the principles. You shouldn't surrender the principles. But it seems to me what we are talking about is just details, and since the Committee of pretty good business people were convinced that the percentages you are getting for the beer, for the concessions, for the scoreboard, is as good as any other stadium in the United States, that we were willing to make this recommendation and believe me, none of the members of this Committee would have done that if they didn't feel very well convinced that what is being offered as a compromise, is just simply a compromise of details without surrendering principles,and I was very much in hope that the Committee was, that this afternoon, you folks would take a favorable vote, there would be a lot of work to be done by the City Mananger and staff, to work out all the language in this thing, to be sure to cover all the things we've said here today. And just no way anybody is going to pay 45` in my opinion and make any money out of it. I don't know what their idea was. Mr. Plummer: Well, Colonel, really that rhetoric because the courts have said we can't. Col. Wolfson: But somebody is trying to muddy the water. No businessman, --and you are a good one, --in two years would spend 330 thousand dollars of money and pay the City Commission 45%,--it is not realistic, it is not practical. Mr. Plummer: Colonel, that was the key, they were not using a 330-thousand- dollar system. They were using probably from base zero, the simplest system devised, and they were not involving themselves into a tremendous amount of up -front installation dollars. That was the key. Col. Wolfson: Well you can't do it based on the experience we have had unless you serve bottles. It has to go through this system. Mr. Plummer: No, this was draft beer. Let me tell you exactly how they plan on doing it. Col. Wolfson: We have used the top figure. If it costs less than that, it will be less than that. We used the top figure. Mr. Plummer: Let me tell you exactly how this company was going to operate. They were goring to hire 12 refrigerated trucks placed strategically six on each side, and do the same thing as Robbie, from the truck up, pipe it to disperse. Same thing. Just a different system. Col. Wolfson: They couldn't do it for that kind of money, --cost of the piping. The whole cost is in the piping and the refrigeration of sufficient size to get that much up there, --believe me, it can't be done. We are in that business. Not selling beer, --we don't sell beer --but we are that business of selling soft drinks and we know what the cost of piping is, and the problem we have with the sanitary people, both in the City, County and State, to make sure that there's no problems,... Mr. Plummer: We said the only problem we had with the piping system as proposed by Mr. Robbie that Mr. Ferre would find a way to get in between with a straw. That was our only problem. Rev. Gibson: Colonel, let me ask this. 63 OCT 2 4 ig78 tol. WolfsOnt Father, you would have control over seeing what this piping system costs and who got it, and if it cost less, it cost less. Rev. Gibson: 1 think I ought to ask this for the benefit of the people. It would appear to me that if he wants us to extend, --let's assume Mr. City Attorney, can we extend his contract? For instance, where the contract would run out in two years, he wants us to go to an additional 5 years, or whatever that number is. Can we do that? Mr. Knox: Yes, sir, it has no legal reason why you could not. Rev. Gibson: All right, fine. Now, Colonel, I want you to look in the crystal glass. This man has to bid in a short while. If we are going to extend, --now, note, we didn't get any more figure -wise than we had, --if we are going to extend his contract an additional,...so that it will run out even with all the others. It seems only good business, that he would want to get rid of that escape clause of three years. Now, note, believe me, these figures are no different by and large, by and large, -than the figures we were getting before. Okay. With the exception, we will get 35% on beer. Okay. Now,... Col. Wolfson: That's a lot of money . Rev. Gibson: 1 want to agree, I agrde, but it is also one devil of a lot of money for him to get a 5 or 6 year extension or addition that he didn't have. You see, because if he had to bargain with me,.. Co1.Wolfson: That's right,... Rev. Gibson: ..you see, if he had to bargain with me 5 years from today, he is going to be talking to a different kind of dance. Col. Wolfson: What you are saying is exactly right, Father. In other words, His worth, giving him an extension for this additional amount of money, your Committee thought it was,and that's why we recommended it to you. Now, when you come to talk about giving up the 3 year clause, you are talking about giving up a principle. And if you know Mr. Robbie, and I am sure you know him better than I do, he won't give up a principle any more than you will give up one of your principles. Rev. Gibson: Colonel, Colonel, he may have to bite that bullet now. Col. Wolfson: Well, my guess is he won't do it. Rev. Gibson: Well, okay. Col. Wolfson: I am just being very straightforward with you, and trying to get the show on the road. Maybe I haven't presented this to you, the way I see it, as clearly as I see it,as important as I see it, and I'd like other Committee members to just have a word here. Ladies first. Would you say a word. - Mrs. Jean Bellamy: I am Jean Bellamy, past president of the Greater Miami Chamber of Commerce. I think this has been a most masterful presentation of a very intricate set of facts. We sat for two days gathering the information on all this and getting the details down and trying to reconcile what we thought would be fair to the City and fair to the Dolphins. And I don't know whether we arrived,...that is up for you all to judge, --that I would say Father Gibson as far as that 3 year clause, I raised the same point. I receded from it for this reason, that there's a substantial penalty now involved, as you go along with the terms of this agreement. Should the Dolphins give us 3 year notice, and they can't just threaten us, they would have to fish or cut bait. They either give a three-year notice or they don't give a three- year notice. And if they give the three-year notice, immediately the score- board and the beer piping and all the capital investment as you say, Del would be out of the City's share of the profits, would be cancelled, it becomes the property of the City, which I think would deter any good businessman from in- voking the 3-year clause. That would be all I am going to add, and I shouldn't add anything because Col. Wolfson did it so beautifully. Rev. Gibson: Look, look, look,...you know, --let's keep in mind that that equity he is getting is not his equity. He didn't put up anything, other that the gamble he is taking. And if he had to walk away today or tomorrow 64 OCT 2 4 1F i3 you bow who's going to have to pay that bill? You know who's going to pay the bill, It's on our property. The installation is there. So we are locked with it. I maintain that if Joe Robbie really means to do right, and wantrto live in good ;with, and face us as good citizens, --he says okay, look Gibson, you Plummer, Reboso, Rose and Ferre,--I ain't going nowhere, I am going to live here with you now When he says that, I'll say come on man, let's live together. No, I am not worried about the figures. I am worried about that hammer he keeps over my head. I don't rant that hammer there. Mrs. Bellamy: Well, as I sily FaC,r!r Gibson, I raised that very point in the conversations, and as I understood, --perhaps mistakenly --that the purpose of this Committee was to attempt to resolve this matter once and for all. That if we attempt to engage in further negotiations, we would not accomplish what you all wanted us to do. And we pushed to the last bar that we thought we could get for the City in this matter, and I am afraid that is all that we could get. Therefore, if we failed, we failed. That's for you all to decide. Mr. Plummer: Jean, you didn't fail. I don't consider this Commission has failed and we havr been pushing for a year, and we haven't got much further. You've only had one meeting I think and got more than we did. Mrs. Bellamy: We've been missing some of the profits on that beer, and when I got my tax bill, I wish we had them. Mr. Reboso:Anybody else? Thank you very much Mr. Reeves. Mr. Plummer: I still make my recommendation Mr. Vice -Mayor that the report be reduced to writing and that it be submitted to the Mananger so that he can go over it and report back to this Commission. B portion is,that we thank the Committee for their involvement and trying to do the best for this City, that I am sure that they did, and that we proceed with the next item. Mr. Reboso: Any objection to that? Reb. Gibson: No, sir. Mr. Reboso: You don't need a resolution for that? Mr. Plummer: I don't think so. Mr. Reboso: Okay, let's move ahead then. Thank you very much, Mr. Wolfson, Bellamy, Mr. Reeves. Mrs. Gordon: Thank you for your time and your efforts. Mrs. GROUP OF CITIZENS REGARDING LACK OF PROMOTIONS OF MINORITIES 32, PERSONAL APPEARANCE: IN THE POLICE DEPARTMENT 'r..Reboso: I see Mrs. Athalie Range. Mrs. Range what item are you today? Mrs. Ranges' statement inaudible. 44r. Plummer: Mrs. Range we have no idea what the group is here for. Would you come to the mike and somebody tell us? Mr. Reboso: Okay. Mr. Plummer: It's not on the agenda obviously. We've only got one item and Garth I'm sure is not here on the Folk Festival. Mr. Garth Reeves: This won't take long. My name is Garth Reeves and I am editor and publisher of Miami Times. Some of my distinguished neighbors and friends are with me. This is Bill Perry, who is president of Miami N.A.A.C.P. and you've met Mrs. Range. Officer Bethea vice president of Miami Community Police Benevolent Association. Mr. nii Washington, Charles Wright, and others. Talmadge Fair and Bob Simm, and Commissioner Neal Adams. We were quite concerned that the Community Relations Board Meeting of the past month, when the issue of promotion of minorities and women in the Miami Police Department came up, we've been with this for a long time, and I imagine you Commissioners are as tired of it as we are, but,... Mr. Plummer: Excuse me Garth, may I interrupt just for a matter of clarification. Are you speaking to Item 19? Is that your item? Because if so, we were informed that that was withdrawn. Just for clarification in the record. At least I don't 65 bin 2 (, 1978 IIII I I II11III uIII Ir•i1iiiii i.. krlOw who Philip Gersten it, Inaudible comments. Mr. Plummer: But the same issue. Okay,now, o ,Gjust usteforath eiteward, 1 Atturequesne this item was put on at the request of that this item be withdrawn. Is that correct? Mr. Grassie: I understand that to be the case. Yes. Mr. Plummer: So he will not have the opportunity for speaking or if in the case of being rebuffed. Is Officer Homer Lanier,..is this for or against hitn. Unidentified person: For. Mr. Plummer: For him? Is he present? Is Officer Lanier here? Unidentified: No, he is on duty I think. Mr. Plummer: Okay. Go ahead,... Rev. Gibson: Maybe before you do Mr. Reeves, at the Community Relations Board public meeting about two weeks ago, --Mr. Bond, you was there, Mr. Grassie you I told you that ca ms and had tog leavto Yobeutried ber Nobodywhen believed me51on Okay.tI said, Mr. Manager this City wasto going. Those I want you to go,so at least you could hear what's bgupathe cudgelpand they heard what Your staff said,and so I presume they piked are here today. Seeing this item, this gave them a vehicle. Now, what they did not say at the hearing, is that instrument I think some of us have which showed, --you know we said you can't get no black policemen hat? All because o cdise they tdidnthat qualify in the exam, and all that jazz. Re member wasn't true. When we were having the budgetheainion, why asisaid inuthevreford, --read the record, --that the Mayor raised the quest r policemen now than you had when you had the Coohenntcase. Remem a rdthat?IOkay. I was very �:oncerned..I didn't want the City to say out of fairness to the Community Rl alms Board, , youknow that was as the fifirst meeting I attended. Now, all I want, Y they have caught the City in a lie. Mr. Plummer: Well, Father, isn't this also thecase in where n a you brought and hto this Commission's attention ,where you happenedto d some- thing? Rev. Gibson: Yes. That's why I came, --not this meeting, --I have only attended one meeting of their's. Mr. Plummer: No, no. I think it was a Civil Service Board hearing. Rev. Gibson: Yes. I was in my office. • Mr. Plummer: This relates to this case. Rev. Gibson: Yes. what Mr. non. am sorry a I atementthe atdark, conclusion't ofrtheldiscussionpbefore ish going on. I made a itta before, and I made this statement to you this commission when came up Mr. Grassie, that you know, that this was not a trial but I wanted to make sure in lieu of a trial, there was noajcltam at loss to what I aevenaknow what today is there obviously was some adjudicationand is going on as Commissioner. Rev. Gibson: Okay. The Civil Service Board Are mes etiu ne.vicea s inid office.ce Where is the president of the police group? president was here, and what is our Human Resource man,... Mr. Plummer: Krause. didn't Rev. Gibson: Krause was making a report. And what Mr. Kruase was saying jive with the facts. And I said to the president, Issaid,atly id d you hear whatad as said? He didn't even know it was going on.66 OCT 2 4 1978 their meeting and they took the City on.You heard the City's side. They brought down Squire Padgett. Squire Padgett heard what was said and all that,== responded. Mr. Grassie was there. Mr. Bond was there, and are they here? they are here. Mr. Plummer:This is, if I am not mistaken, Mr. Grassie, is this not the report that I read from Mr. Krause that was surrendered to us after he gave his pre- sentation to the Community Relations Board? Mr. Grassie: His written statements were sent to you, as a matter of fact, just before he went to the Community Relations Board. Yes. It is the same statement. Mr. Plummer: Same old story. The first who should know, are the last.Gc ahead Garth. I am getting back in the ballpark. Mr. Reeves: We are quite concerned with mobility of blacks and Hispanics in the Miami Police Department. But in 1973 the City of Miami entered into this Cohen consent decree and it promised,...well in effect in 5 years, that we would have a reasonable number of blacks, Hispanics and women in the Police Department. But we seem to be going backwards, and this concerns us. In 1973 we had 2 black Lieutenants, no black Captains, and today we have one black Major, no black Captains, no black Lieutenants . Now, the urgency of this now, is that we understand the Civil Service Rules and all that and we understand that the government, the Justice Department, the Consent Decree, and we are really tired fighting you as our Commissioners, --I mean, the Miami Police Department,for a fair representation on the courts. so we are going to leave the courts alone, and we come in here today to appeal to your common decency, as good citizens, and good Commissioners, to do what's right by the Hispanic and Black community. We understand that the register today has a Lt. Zamora who is No. 1 on the promotion list to Captain. We also have a black sergeant, --Homer Lanier, who is No. four on the promotion list to Lieutenant. This list normally goes out October 31, the end of this month. We would like you gentlemen to extend this list for another year, which I think has to be done by the Board, the Civil Service Board. With your encouragement, I think they would do this. We think if it is extended for another year, that would give Lt. Zamora a chance to become a Captain, and would give Sgt. Lanier a chance to become a Lieutenant. We feel these things are only right and we know that you can only do so much, but we are going to give up our legal battles, and get out of courts, and we want to come in here and plead our case to you as decent men and women, to do something about this situation that seems to be going downhill. It is as simple as that. Thank you very much. Mr. Plummer: Mr. Grassie, Garth has made a request now. What is within the purview of this Commission, if any. What is out latitute or authority in dealing with this situation? How does it affect the consent decree, the Cohen Decree, the University of Chicago testing, --where do we stand? Mr. Grassie: The first question that you asked first, Commissioner, --as you know the Civil Service Board has the responsibility for deciding on the ex- tension of existing registers. What the City Commission could do, I would think, would be to express a preference which would be conveyed to the Civil Service Board. But I do not think that you could order them to do it, or do it for them. But you certainly could express yourself in terms of what you would like for them to do. In terms of the impact of this proposed action, that is the extension of two existing registers, I can't tell you what impact it would have on our agree- ment with the Justice Department, principally, because that would really involve analyzing those promotional lists to see how many other opportunities, other than the two individuals that have been mentioned, --how many other opportunities exist on those lists for additional minority promotions. If there were not enough additional opportunities on those lists, then in fact saving those lists could make it more difficult for the City to achieve its affirmative action goals, rather than less. And 1 simply don't know that without looking at the list. Mr. Plummer: Look, I think that this matter should be dealt with openly and as Father says, forthrightly. Now, I only know one way to do that, and that is, at the next Commission meeting, you heard the request of Mr. Reeves, that you summon before this Commission, the parties that are directly affected, 67 OCT N ' 1978 (a) Mr, Krause, (b) the Police Chief,,, Mir. Reboso: Its going to be too late J.L. Mr. Plummer: Well, that's right, you can't do that.' Mr. Reboso: We have until October 31st. Mr. Plui nEr: So you are going to have to call a special meeting. Well, ybu can't do it. I'm just saying that I think that what we ought to do, have all parties here and have all parties lay all the cards up on top of the table, and let's go from there. Mr. Grassie: It may be possible Commissioner, and I can find out, that the Civil Service Board give a 30 day extension to the existing registers. I do not know whether that is something that has precedent, whether they have done it before, but it may be possible. And certainly that would allow for the City Commission to consider this once more in one of your regular sessions. Mr. Plummer: Just for Garth's benefit if he didn't know, and the rest, that the Mayor will not be back until the 7th of November, to have a full Commission. He will be back from the 7th to llth and he leaves again. Mr. Reboso: I don't see nothing wrong in passing a resolution today asking the Civil Service to extend for three more days,.. Mr. Plummer: I would rather rephrase that question, or that motion. 1 would rephrase the motion, urging the Civil Service Board not to take action or, --excuse me, what I'm going to say is, until this Commission has had the right to put up all cards on top of the table, whether 30 days, or 10 days, or more than 30 days, that we could take, and if we could have a meeting, let's say on the 8th of November, because this is not going to be a half hour item I'm sure. Mr. Reboso: What about the 9th at 8 o'clock in the morning? Mr. Plummer: I don't have any idea Manolo that this is going to be a one -hour deal. I think it is going to be a lot longer than one hour. What I was suggesting was that the Civil Service understands that this Commission does not want that register to run out until such time as this Commission has had a chance to air from all parties involved. Mr. Reboso: Make the motion. Mr. Plummer: Well, this gentleman wants to speak. Mr. Irwin Weinsoff: Yes. Thank you very much. I have an opportunity on behalf of the Frateral Order of Police, --my name is Irwin Weinsoff, general counsel for the Fraternal Order of Police, to call Major Reese yesterday afternoon, he told me this list will expire at 12:01 tonight. Mr. Plummer: Tonight? Mr. Weinsoff: Tonight. It went into effect at 12:01 last year, and the one year expires tonight. And the FOP also urges the Commission to do something so the list does not expire so we would join, together with Mr. Reeves, in asking that it be extended for another year. We also believe Sgt. Lanier should be promoted to lieutenant. Mr. Plummer: Well, I see a lot of people out there shaking their heads. Mr. Reboso: You know J.L. we keep talking and talking but it is the same thing every year. We don't have a Black captain,we don't have a Latin Captain and it is the same thing year after year. Something has to be done. Mr. Plummer: Mr. Grassie, is there any,.... Mr. Grassie: What was the question, sir? Mr. Plummer: What was your answer? flE 68 Mr. Grassie: Before the rluestion? Mr. Plummer: Hey, here we are, all we are saying is, that we the commissioh, --I think what I am sensing, we the Commission want to discuss this matter before the promotion list runs out. How do we do? We are not saying we agree with Mr. Reeves, or we agree with the FOP, or the Chief or anyone. We just want to lay up all the cards on top of the table before this thing expires. Now how do we go about it, and how do we accomplish it? Garth, is that what you are saying? I think that's what you are saying. I don't know of any Commissioner would have any objection to it. It is unfortunate you didn't come here two weeks ago. Mr. Reboso: Listen to the Commissioner, please. Mr. Ongie, City Clerk: Your name for the record. Mr. Neal Adams: I am Neal Adams, 4825 N.W. 27th Avenue. Mr. Plummer: 73 W. Flagler. Mr. Adams:I believe, and maybe you can get your attorney to give an opinion on it, because of the safeguard that you would have if you take action, because of the federal affirmative action program, and I believe that it would supersede your local Civil Service Board, as far as power is concerned, that you would have the power if you see fit to do it, to take action even today or next week, or at an earlier point than normally would be required under your present rules. I just wanted to inject that, that I believe you would be on safe grounds. You know this very sticky case that they've had out in California, that had practic- ally all the judges and justices of the country puzzled. Affirmative Action still stuck. It hung on. It was not stricken down. So I think that through all the technicalities and problems of the law, that if you wish to, you still could take action and be on safe grounds. Mr. Plummer: Neal I agree with you, but let me tell you one problem. this Commission has had ever since I've sat here, --going into my loth year, and that is that we have a funny way of liking all parties to be heard and we've always felt that that was a fair way to do it. Now, I am only saying before I make a decision, or I think any other Commissioner up here, the Mananger has said that this could have an adverse effect in the long run. It takes care of the short run, but I think that this Commission should have the availability of in -put from all affected parties, and I for one would want to see that, but I don't want you to be precluded, --you, the Commission to be precluded from taking some action by a time clock running out on us. All I am saying is, is there a way, that we can accomplish laying all of the cards on top of the table, hearing from all parties concerned, and still recognizing that the clock runs tonight at 12:01. So, I think Mr. Vice -Mayor what we can do is to schedule this for the morning of the 8th of November, if that's possible. Rev.Gibson: Does that solve the problem of the clock running out? Mr. Plummer: Father I can't answer that. I am hearing one side that tells me that we can only recommend to the Civil Service in whose authority it lies. Mr. Grassie: I wonder if it would help any, --two observations: one, on the question of extending the existing register, we are trying to check right now to see whether we can ask the Civil Service Board to do that, even if they have to do it retro- actively. In other words, assuming that the register runs out today, we are checking to see whether, if the Civil Service Board meets a week from now, whether we can ask them retroactively to act to keep this register alive. The other thing that we are checking on, is whether or not we are obliged by the Consent Decree, and I am talk- ing about the Cohen Consent Decree, the first Consent Decree, whether we are ob- liged, forced, to let this register die. And that may be the case. Now, I don't have an answer to all the questions, but we are trying to get it right now. Mrs. Athalie Range: Mr. Mayor I am Athalie Range, I reside at 5727 N.W. 17th Avenue, here in the City of Miami. I don't know whether I heard correctly or not, but the gentlemen who came to represent, --maybe I need to ask a question. Was he represent- ing the P.B.A. or the Civil Service Board? Mr. Plummer: F.O.P. 69 OCT 2 4 1978 ■ ■ ■ ■ ■ ■ Rev. Gibson: Yes. F.O.P. Mrs. Range: Will you tell me in just so many words what that it. Mr. Plummer: Fraternal Order of Police. Mrs. Range: Oh, he was representing the Fraternal Order of Police? Mr. Plummer: Mr. Weinsoff. Mrs. Range: I know that he made mention of the fact that his organization was interested in having this extended also, and for a moment there I thought pernaps he was from the Civil Service Board, and that's why I wanted to make you very clear that they had already agreed, but I find that's not what it Mr. Plummer: It took you by shock as it did me. Mrs. Range: Yes. Thank you very much. Mr. Plummer: A pleasant shock. Mr. Grassie: Mr. Vice -Mayor and members of the City Commission, could I suggest that we try to get you a legal opinion by 7 o'clock this evening, because you having another meeting at 7 o'clock this evening. Let us see if we can get you a legal opinion by 7 o'clock this evening which doesn't give us a lot of time, but we will attempt to clarify whether or not there is some way that we can accomplish extending this register. Mr. Plummer: Seeing as how there is an appointment to the Civil Service Board which would be the key vote I think it just might be possible. Do you want tr join us this evening at 7? Rev. Gits'n: Okay, are we through? Inaudible cements. Mr. Plummer: I didn't hear you. So in other words what we will be hearing is if there is a vehicle or if there is not. Is that correct? Mr. Grassie: That's correct. We are going to try to get you an unambiguous answer by that time. Mr. Plummer: That means yes or no. Mr. Grassie: Yes or no. Mr. Plummer: That means Mr. Krause is not right; in the report. Unidentified: Thank you very much. Mr. Plummer: Sure. Rev. Gibson: That's all isn't it? Mr. Plummer: Father there is nothing else we can do. Rev. Gibson: No, no, no. I mean, aren't we through? Mr. Plummer: No, we've got Morty Freedman. OCT 2 41978 .; 33, PERSONAL APPEARANLE : MORN FREEDMAN INTERNATIONALFOLK FESTIVAL 79 APPROVE BUDGET AS REQUESTED AUTHORITY TRANSFER LINEITEM1S WAIVE FEES .BAYFRONT PK.AUD, Mr. Plummer: Morty, I apologize. I'm the one who asked the Mananger to ask you to be here at 2 rather than 3 and here we are at 4. So I apologize. I didn't know Father was going to be so long winded. Vice -Mayor Reboso: Yes, sir, Mr. Freedman. Mr. Morty Freedman: Mr. Vice -Mayor, incidentally, without trying to gain any favor for the Folk Festival budget. I'd like to personally on behalf of the Festival Committee congratulate the two new presidents, the Florida League of Cities and the Miami Board of Realtors. Mr. Plummer: What about my daughter. Mr. Freedman: Oh, excuse me, your daughter too. Mr. Plummer: Don't forget that. Morty as you well know it is not often you can run a five dollar campaign and win. That was maximum, $5. Mr. Freedman: I think you've all had a copy of our proposal for the budget and the matter was supposed to be gone over by the administration, and I'm just waiting to hear what Mr. Mr. Plummer: With baited breath. Mr. Grassie: At the last meeting of the City Commission, you asked that we react to the four proposals that Morty Freedman has had presented to you at that time, or at least he outlined them on the mike for you. This budget question, like all of the other difficult questions that we've had in front of you, gets down to a question of approving more money for this particular activity. What we are suggesting is this, that over and above the amount of money that was budgeted for the Folk Festival last year, which in cash was $19,000, that additionally we provide another $3,500 principally to increase the food stipends for the participants. If you remember, those stipends were set at $5.00 a day and in this day and age that seemed a little unreasonable. The Folk Festival had suggested that that be raised to $10. and we are agreeing with that, but that would eliminate all of the other increases that they propose. Secondly we would propose that we increase the in -kind services available to them, particularly in the Public Properties Department, actually more than they asked for by $400 because last year they simply overran that account by about $500 and we are trying to make a more adequate provision. But the total in that case would move from $10,700 which it was for this year, to $12,300 for the next year. That's in -kind services. Additionally, with regard to the way in which the City would handle the budget, we would propose that the Tourism Promotion Department again be responsible for monitoring the budget for the Festival. Further we would suggest that all of the revenues for the Festival be included in that budget that was approved by the City Commission so that expenditures against those future revenues could be made by the Festival but it would involve all of those ex- penditures and going through the same kind of fiscal controls as applied to any other expenditure of City money by a City department. And forthly, the question of a City policy with regard to booths, --those booths which were built and are maintained by the City, have been used by three or four other community organi- zations. Since they are maintained by the City, we would feel that the City should continue to make those available to organizations as they are needed and in view of the fact that the Folk Festival is really the first organization to ask for these booths, that we should give them a date preference so that whenever they want to use them for the Folk Festival, that they would get first choice. Mr. Plummer: Okay, how far are we off? Morty you asked for a total budget of what? Mr. Freedman: Well, we asked for $34,705 from the City, Mr. Plummer: Total, including revenues. 71 OCT 241978 Mr. Ft4tdmah: NO, that's the cash amOuht, Mr. Grassie: That is in contrast to the $22,500 figure. Mr. Plummer: A11 right. The City is offering $22,500 and Marty wants $34000, That's cash. In -kind? Mr. Grassie: He had asked for $18,000 we are suggesting $12,325. Mrs. Gordon: Its on their Festival Mr. Grassie? Mr. Grassie: I'm sorry? Mrs. Gordon: How much did we give the Chamber of Commerce on their festival, cash? Mr. Grassie: The Chamber or Commerce? Mrs. Gordon: Yes, the Latin Chamber of Commerce. Mr. Grassie: Oh, the Latin Chamber? I don't know. Just a minute. Mr. Plummer: Are there any other area Morty of differences? What I understand the differences is,... Mr. Freedman: The only difference then from what we have last year, as I under- ctAnd it, is increasing the food for the visiting entertainers. Mr. Grassie: And increasing some of the in -kind services. Mr. Freedman: Well the $5200 for the Public Properties is more than we asked. We Don't have as many booths to build this year and we know that we are not going to need more then we had last year $4,800 so that we'd like to take that extra $400.00 and maybe use it for additional police and fire protection. Mr. Grassie: The difficulty Morty, is that last year the services that you requested costed that department, Eddie Cox's Department, $5,300, so you overran your budget and they were reimbursed out of the .... Mr. Freedman: That we made and returned to the General Fund, so what we're trying to do is provide you with a budget this year which will be realistic that's all. That's why we pay increase that particular amount. Mr. Grassie: Well, to answer your question Commissioner Gordon, I'm told that we provided in cash to the Latin Chamber of Commerce $14,00.0. I don't remember that figure but that's what I understand. Mrs. Gordon: I don't remember it either. Mr. Plummer: Well, tell me where I'm falling apart. What I'm understanding Morty is asking for $34,000 in cash, $18,000 in —kind which is $52,000. Where is - the difference between the $52,000 and what Morty has here of $74,00.0? Mrs. Gordon: They raised this money by charging ... Mr. Plummer: Is the rest of it revenues? Kr. Freedman: Yes, revenues generated by the committee,itaelf. Mt. Plummer; So, what we're really then talking about i.s Mr. Freedman; ,., is the $34,705. Mfrs. Gordon; That's right, Mr. Plummer: A difference then of what, 6 and 12? Mx. Gordon: $12,as0, Mr. Freedman: $12,000. It would mean that we couldn't have the Americana Program 72 OCT 2 4 1976 At Guetnan Hall. It would Mean that we Couldn't have the European Group that we'd like to bring in. Mts. Gordon: I'd like to see us have a first class festival, Joe, you're the one that said so. Mr. Grassie; Commissioner, I would love to see a first-class festival, but I would also love to be able to provide our Police Department with one million two hundred thousand dollars that they didnt get that they would love to have, Mrs, Gordon: True. Mr. Grassie: Now, you know it simply gets down to the question of money. Mrs. Gordon: When we start pulling in our belts let's pull them in on the others, not our own festival. Let's tighten our belt real hard at that time, We're not very strict about those things, you know? Mr. Grassie: Commissioner, I agree 100% with you and you know, almost every time that one of those festival budgets has come in front of you it is not come with our recommendation, you know, or it has been approved at a level much higher than we recommend. Now, I agree with you 100% that we have to tighten up but it is also the case that every City Department has been given a cut this year andthis particular activity is being offered an increase. Mrs. Gordon: Alright. Air. Grassie: It's a increase less than they would like but still it's an increase is getting more money. and it is probably one of the very few City activities that Mrs. Gordon: I would like to move that we approve the budget as it's been requested so that this festival which is a tourist attraction and brings to this community a great deal of economic benefit be permitted to have what we would be very proud to have a first class super festival, I so move. Mr. Plummer: Second the motion. Mr. Reboso: Okay, we have a motion and a second. Any further discussion? Call the roll, please. Mr. Plummer: Wait a minute, (repeat) Rose, I do have ...and I want to tell you that item 4 is a must. Okay, item 4. Mr. Freedman: Is a must? Mr. Plummer: Is a must. We're going to build them with our money then I think`' they should have the right to use ... Mrs. Gordon: They charge, I would like to know that the other festivals paying for part of their budgets for the use... Mr. Plummer: Rose? Mrs. Gordon: What? Mr. Plummer: We're building them with our money, it's our material, we retain of say, yes or no... Mrs. Gordon: Yes, what I'm saying if we let others use it then since the budget from this festival paid for it initially that the others pay out their budgets for the use, let the coffers be reimbursed somewhat. Mr. Grassie: They paid for them initially only in the sense that they got in -kind services from the City to build them. Mrs. Gordon: Still it's a revenue producing item and it ought to produce revenue apparently that is a sort after item. It will wear out eventually. Mr. Plummer: Go ahead and then finish that motion and then I'm going to make another one. Rev. Gibson: Roll call. Mrs. Gordon: Roll call. 73 OCT 2 41978 IIIIUIIIIIIIIIHIIIIIIIIIIIIIIII 1 1111I111IIIIIIIIIIui Mr. kebo o: Call the toll. }ifs. Gotdom: On the budget. The following motion was introduced by Commissioner Gordon, Vh6. adoption. MOTION NO. 78-875 A MOTION APPROVING THE INTERNATIONAL FOLK FESTIVAL FY-78-79 BUDGET AS REQUESTED BY THE FOLK FESTIVAL COMMITTEE; NAMELY, IN THE TOTAL AMOUNT OF $34.705 (IN CASH) AND $18,000 (IN -KIND SERVICES). tipot being seconded by Commissioner Plummer, the motion was passed acid adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice Mayor Manolo Reboso NOES: None. ABSENT: Mayor Maurice A. Ferre Mr. Plummer: Make a notice at this time, Mr. Grassie. Mr. Grassie: Sir? Mr. Plummer: ... that the committee that latitude of up to 25% of transfer ... Mr. Grassie: I believe that what you're looking for Commissioner is transfer among line items within the budget. Mr. Plummer: They be given permission up to 25% of the allocated amount line item anything that exceeds 25% must be brought back before this Commission for approval. Mrs. Gordon: That's okay. Mr. Plummer: Must be 25% they can lively move money. runs the Folk Festival Mrs. Gordon: Okay. Mr. Plummer: Anything above 25 they would have to approved. Mrs. Gordon: I move the second. Mr. Reboso Okay, we have a motion and a second. Any further discussion? Mr. Plummer: Enforce... let me incorporate then... ,Mr. Reboso: Okay. Mr. Plummer; . I am including item 2 and I am including item 3, 2, 3, and 4 I agree with those. 2, that they will be monitored by the Department of Tourist. #3, that they'll go into a special account from the Festival Trust Fund and 4, that all of the booths that are built and by us be at our prerogative for use when we want as long as they don't conflict with your days. Mr. Freedman: Can I respond just... I don't see anything wrong with that. Mr. Reboso: Do you accept that Rose? Mrs. Gordon: Yes. Mr. Reboso: Okay. Mr. Freedman: The omly... Mr. Fluter; ... can't quite while he's ahead. be given the come 'back 'here Ott+itaboatit We have a totibb And s aecond. Any further discussiba? Mr8, Gordon: Wait, let me hear what he. has to say. Mr. Freedman: No, I just... I'm trying to figure out how to interpret number 2 and 3 because one thing that we're anxious to do and it has nothing, to effect on the festival, it has effect on the people who are dealing with the City and want to get 'mid, is the ilea that in the past two years after we've reached the point wheve we have used the City's appropriation and we're about to start using the money that generated by the Festival Committee we've had to go back through the City Attorney's Office and the City Manager's Office and back to the Commission for a resolution to free up that money to pay those people and sometimes they've been getting very angry because it's taken them about three months to get paid. All we were asking was that we try and do that in advance with a resolution before we start. Mrs. Gordon: Well, why can't we do that, J. L.? Mr. Plummer: Rose, the reason, and I've not talked with the Administration, to me you've got to have some checking of record, if you do it before, to me before you can start a dispersal system you've got to have and know what you're dealing with in post dollars. Mrs. Gordon: What about the hotel when they have to pay them, you know? Mr. Plummer: My request would be that the City Administration recognized that 30 days is the time of doing business rather than the 9th, and the City Administration find a way with all of the high price machinery you expedite this procedure and reduce it from 90 to a maximum of 30 days. Mrs. Gordon: %hat about paying for the food bill when you have the ball, how do you handle that? Mr. Plummer: You run out of town... Mr. Freedman: Well, that was delayed in payment because we had to wait for the additional resolution to be passed. Mrs. Gordon: Well, can we expedite that Mr. Grassie? Mr. Grassie: I believe Commissioner, that the process that is outlined here which is different than the one that we used last year, in fact will expedite it. See, what we're talking about is establishing a trust fund which will receive not only the City's monies but also the revenues and dispersements would be made from that fund. Mr. Freedman: Fine. Mr. Reboso: call the roll, please. The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION NO. 78-676 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO PERMIT THE INTERNATIONAL FOLK FESTIVAL COMMITTEE TO BE GIVEN THE LATITUDE TO LATERALLY TRANSFER FUNDS WITHIN THEIR BUDGET UP TO 25% OF ANY SPECIFIC LINE ITEM WITH TBE FURTHER UNDERSTANDING THAT ANY TRANSFER EXCEEDING 25%, MUST BE BROUGHT BACK TO THE CITY COMMISSION FOR APPROVAL, SUBJECT TO THE FOLLOWING CONDITIONS: 1. APPROPRIATED FUNDS WILL BE MONITORED BY THE DEPARTMENT OF TOURIST PROMOTION, TO BE DISBURSED ACCORDING TO STANDARD CITY PROCEDURES; 2. ALL REVENUES GENERATED FROM THE FESTIVAL ARE TO BE PLACED INTO AN APPROPRIATED FESTIVAL TRUST FUND CONTROLLED BY SUB- PARAGRAPH 1 (ABOVE);.AND 3. AS FOOD AND BAZAAR BOOTHS ARE CONSTRUCTED AND MAINTAINED BY THE CITY, THE CITY SHOULD DETAIN THE PREROGATIVE OF DETERMINING THE USE OF THESE FIXTURES AND OTHER ACTIVITIES AND EVENTS, IN ADDITION TO THE FESTIVAL, THOUGH THE FESTIVAL WOULD BE GIVEN 75 P&ItAttIES ON THE DATES THESE ARE TO BE IN USE, AND FURTHER REQUESTING THE CITY MANAGER TO ATTEMPT TO REDUCE PAST DELAYS IN THE PAYMENT OF WAGES AND/OR BILLS FROM 90 TO 30 DAYS. IF*bit being seconded by Commissioner Gordon, the motion was passed adopted by the foi.t owing vote: A `ES. Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice Mayor Manolo Reboso NOES: None. ABSENT: Mayor Maurice A. Ferre Mr. Freedman: Can I ask one more question, Mrs. Gordon: Go ahead. Mr. Freedman: Just one more? Mrs. Gordon: Hurry... you're losing us. Mr. Freedman: We prepared this budget on the basis as in past years that the use of the auditorium, Bayfront or possibly Dinner Key, we don't know yet, that we'd have a waiver of the fee since it's a City function, will that still apply? Rev. Gibson : Sure. Mr. Freedman: Is there any question about that? Mrs. Gordon: You better move it. Rev. Gibson: I move that that ought to be , it's our thing, paying ourselves. Mrs. Gordon: Yes, we don't pay ourselves. I'll second it. Mr. Reboso: A motion and a second. Any further discussion? Mr. Grassie: Now, the City Commission does have an ordinance which says that you can only waive half of the fee. Mrs. Gordon: Not for ourselves. Mr. Plummer: Hey, Rose, it's as broad as it is long. If we only waive half then we got to make more in -kind to make him pay for it. Now, you know, Grassie's smart enough to realize which way the grass is greener. Mrs. Gordon: Alright. Mr. Grassie: Just as a last reminder though to the City Commission, of course, you've decided on an expenditure but have not decided on a source of money so • .. Mrs. Gordon: You have it in the budget. Mr. Grassie: ... we're going to have to come back. We do not have this particular item in the budget, no. Mrs. Gordon: You have the lump sum. Mr. Grassie: They're going to have to come back and you're going to have to decide that this money comes out of the money for all the other festivals. Mr. Plummer: No, no, no, no,... Mr. Grassie: Or else it comes from some other source. Mr. Plummer: Ah-,---h, okay. Mr. Grassie: And, you're going to have to decide that,Commesioner, Pr. Plummer; Yes, I understand that. 7V OCT 2 4197Q IIIIIII ■iiimiiiiiU Iiiiiiiiii1m■i . teedman: Can we proceed with the idea that we have this. much of a budget's Mrs, Gordon: Yes, you have Did you call the roll? Mr. Ongie: No, we dtd not, not on this last one. Mrs. Gordon: Alright. (INTERMIXED COMMENTS) Mr. Ongie: We haven't called the roll on this last emotion, Roll Cali. The following motion was introduced by Commissioner (Rev.) Gibson, who moved its adoption: MOTION NO. 78-677 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO GRANT WAIVER OF ALL FEES FOR THE USE OF EITHER BAYFRONT PARK AUDITORIUM OR DINNER KEY EXPOSITION HALL FOR THE HOLDING OF THE INTERNATIONAL FOLK FESTIVAL. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Vice Mayor Manolo Reboso NOES: None. ABSENT: Mayor Maurice A. Ferre Mr. Plummer: You know, hey Morty, by the way. I'll tell the more I think abut this I like the idea of holding it at Dinner Key. Mr. Freedman: Thank you very much. ADJOURNMENT There being no further business to come before the City Commission, motion duly made and seconded, the meeting was adjourned at 4:15 P.M. MAURICE A. FERRE Mayor ATTEST: RALPH G. ONGIE City Clerk MATT? HIRAI Assistant City Clerk • IIUg eFtl, CrlaY. OF IVI� AMI DOCUMENT X MEETING DATE: October 24, 1978 ITEM NO 1 2 3 4 5 6 7 8 9 10 11 12 DOCUMEUT IDENTIFICATION COMMISSION ACTION RETRIEVAL CODE NO. 13 COMMISSION AGENDA AND CITY CLERK REPORT ADVANCING $350,000 FROM THE CONVENTION CENTER FUND TO THE TRADE FAIR OF THE AMERICAS-EXPORT '79 TRUST AND AGENCY FUND FIXING CERTAIN DETAILS CONCERNING $6,000,000 SANITARY SEWER SYSTEM BONDS, $5,000,000 STREET AND HIGHWAY DA- PROVEMENT BONDS, FIRE PREVENTION AND RESCUE FACILITIES BONDS OF THE CITY OF MIANI. APPROVING THE OFFICIAL STATEMENT FOR THE $18,250.00 BONDS OF THE CITY OF MIAMI , DATED DECFMIBER 1, 1978 APPROVING STEPHEN M. DAVIS AS ENVIRONMENTALIST MalBER OF THE ENVIRONMENTAL PRESERVATION REVIEW BOARD FINDING AND DETERMINING THE PUBLIC NEED AND NECESSITY FOR ACQUIRING THE FEE SIMPLE TITLE TO CERTAIN PROPERTY DESCRIBED HEREIN TO BE USED FOR THE CONSTRUCTION OF NEW FIRE STATION NO. 4. AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED CONTRACT FOR PROFESSIONAL CONSULTANT SERVICES WITH DR. ERNEST R. BARTLEY IN CONNECTION WITH THE REVISION OF THE CITY'S COMPREHENSIVE ZONING ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT A $30,000 GRANT AWARD FROM THE U.S. COMMUNITY SERVICES ADMINI- STRATION FOR A COMMUNITY ECONOMIC DEVELOPMENT DEMON- STRATION PROJECT. AUTHORIZING THE CITY MANAGER TO NEGOTIATE A CONTRACT FOR PROFESSIONAL CONSULTING SERVICES, NOT TO EXCEED $15,000 IN COMMUNITY DEVELOPMENT FUNDS AUTHORIZING THE CITY MANAGER TO PROVIDE FUNDS FOR DADE COUNTY AFTER SCHOOL PROGRAM, IN THE AMOUNT OF 1/12 OF THEIR FEDERAL REVENUE SHARING ALLOCATION FOR FY-77-78 AUTHORIZING THE CITY MANAGER TO PROVIDE FUNDS TO THE DADE COUNTY COMMUNITY SCHOOLS PROGRAM ON A MONTH TO MONTH BASIS IN A PRO RATA AMOUNT OF THE PROGRAM'S REVENUE SHARING AVOCATION FOR FISCAL YEAR 1977-78 AUTHORIZING THE CITY MANAGER TO PROVIDE FUNDS FOR PROC, 1/ ST. LUKE'S OVERTCWN DAY CARE, FIRST UNITED METHODIST CHURCH, INDUSTRIAL HOME FOR THE BLIND. URGING THE FLORIDA LEAGUE OF CITIES TO BECOME FULLY AWARE AND INFORMED OF THE FACTS IN THE CASE OF "CITY OF' NIIANI V. ST. JOE PAPER GO. ETC. ET AL. R-78-659 R-78-660 R-78-661 R-78-662 R-78-663 R-78-664 R-78-665 R-78-666 R-78-667 R-78-668 R-78-669 R-78-670 0034 78-659 78-660 78-661 78-662 DOCUMENTINDEX MM CONTI TPI NO. DOCUMENT IDENTIFICATION 14 REQUESTING DADE COUNTY COMMISSION TO STUDY THE IMPACT OF (a) ALTERNATIVES NOS. 2 AND 3 OF THE ALTERNATIVE ALIGNMENT STUDY DATED AUGUST 14, 1978. 15 APPOINTING MR. ELIOT C. ABBOTT AND MR. RICHARD PALLOT TO THE CITY OF MIAMI COMMITTEE ON ECOLOGY AND BEAUTIFI- CATION 16 AUTHORIZING THE WAIVING OF PLATTING REQUIREMENT AND AUTHORIZING THE ISSUANCE OF A BUILDING PERMIT TO PERMIT THE CONSTRUCTION OF A HOME FOR THE ELDERLY AT EL RETIRO CARROLL. 17 CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF BAYCREST HIGHWAY TAZPROVMIENT H-4373 IN BAYCREST IMPROVIME1T DIS- TRICT. COMMISSION AATION R-78-671 R-78-672 R-78-673 R-78-674 RETRIEVAL CODE NO. 78-671 78-672 78-673 78-674