HomeMy WebLinkAboutCC 1978-10-12 MinutesF
' -
/CITY OF MIAIVI
co
ISSION
*MINUTES
OF MEETING HELD ON October 12, 1978
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
AM
RALPH Ge ONGIE
CITY CLERK
tax
cONMPP`UMRrtA
SUBJECT
STATEMENT BY COMMISSIONER PLUMMER REGARDING DISRUPTION
OF TRAFFIC AND BUSINESS BY CONSTRUCTION OF SEWERS AND
STREETS IN THE CITY.
2. STATUS REPORT ON PROPOSED COUNTY ZONING ORDINANCE
COVERING RAPID TRANSIT CORRIDOR - TEMP. DEFERRED.
ESTABLISH PARKINC RATES AT MUNICIPAL PARKING GARAGE NO.
2.
4. AMEND MIAM1 CITY EMPLOYEES' GENERAL RETIREMENT PLAN -
PAY BACK; FOR PRIOR CONTINUOUS SERVICE.
AMEND MIAMI CITY EMPLOYEES' GENERAL RETIREMENT PLAN
RESTORATION OF SERVICE CREDITS.
AMEND SECTION 2-24 OF THE CODE BY PROVIDING A FEE FOR
REPRODUCTION OF RECORDS, PLANS AND MAPS - BUILDING
AND ZONTNG INSPECTION DEPARTMENT.
7. AUTHORIZE APPLICATION OF MINIMUM RENTAL FEE FOR MIAMI
COMMUNITY POLICE BENEVOLENT ASSOCIATION'S FASHION SHOW
AT BAYFRONT PARK AUDITORIUM - DEFER.
8. APPOINTMENT TO CIVIL SERVICE BOARD - TEMP. DEFERRED.
9. APPOINTMENT OF MEMBER TO ENVIRONIENTAL PRESERVATION
REVIEW BOARD - DEFERRED.
10. SUPPORT HOUSE OF REPRESENTATIVE BILLS 8729 AND 11986
WHICH ALLOCATES 2% OF TAX ON AIRLINE TICKETS TOWARD
AIRPORT NOISE ABATEMENT MEASURES.
AUTHORIZE INCREASE IN SCOPE OF CONTRACT WITH JOE
REINERTSON EQUIPMENT CO. FOR MIAMI CONVENTION CENTER
SITE PREPARATION WORK.
12. BID ACCEPTANCE - 4,600 TEMPORARY BLEACHER SEATS FOR THE
ORANGE BOWL.
13. BID ACCEPTANCE - PILING REPAIRS - DINNER KEY MARINA
AND MIAMARINA.
14. BID ACCEPTANCE - LITTLE HAVANA COMMUNITY CENTER -
BUILDING C - DEMOLITION.
15. STATUS REPORT ON PROPOSED COUNTY ZONING ORDINANCE
COVERING RAPID TRANSIT CORRIDOR - RECOMMENDATIONS.
1h.
TRADE FAIR OF THE AMERICAS - "EXPORT - 79"; AUTHORIZE
CITY MANAGER TO DEVELOP & EXECUTE AGREEMENT WITH EVELIO
LEY & ASSOCIATES.
17. CANVASS SPECIAL MUNICIPAL ELECTION - OCTOBER 5, 1978-
SOUTHERN BELL FRANCHISE ELECTION.
18.
CLOSE FULLER STREET i)CTOBER 21, 1978 FOR CONTINUING
EDUCATION STREET FAIR.
19. AUTHORIZE CITY MANAGER TO ESTABLISH A PROMOTIONAL
ASSISTANT AGREEMENT WITH FLORIDA A & M UNIVERSITY FOR
ANNUAL ORANGE BLOSSOM CLASSIC FOOTBALL GAME.
RNINANCE 0g
OLUTION No,
DISCUSSION
DISCUSSION
Ord. 8863
Ord. 8864
Ord. 8865
First
Reading
Deferred
DISCUSSION
DISCUSSION
R- 78-638
R- 78-639
R- 78-640
R- 78-6411
R- 78-6421
M- 78-643
R- 78-644
R- 78-645
R- 78-646
- 78-647
PAGE NO.
1 - 2
2
3
5 -,8
12
13
13 - 16
16 - 20
20 - 21
21 - 30
36-4i
44-48
49
49 - 51
...411•1111111.110• MM./MOON
29.
30.
31.
32.
33.
34.
35.
iax
C1iYC0QSSIQJ OF MIMiI, FI.DRIM
SUBJECT
B f D ACCEPTANCE -- 10,250 FEET OF FIRE HOSE.
BID ACCEPTANCE - FIRE NOZZLES AND VALVES FOR FIRE
DEPARTMENT.
BID ACCEPTANCE - WORK UNIFORMS.
BID ACCEPTANCE - CHEMICALS AND FERTILIZER FOR USE IN
CITY PARKS.
DISCUSSION OF DEDICATION CEREMONIES IN OTHER CITIES AS
COMPARED TO MIAMI - COCONUT GROVE EXHIBITION HALL.
PLAQUES, PROCLAMATIONS ANI) SPECIAL ITEMS.
DEFER APPOINTMENT TO FILL VACANCY ON CIVIL SERVICE
BOARD.
PERSONAL APPEARANCE OF MRS. ELIZABETH VERRICK TO REQUEST
WAIVER OF FEES FOR A CONCERT BY ARETHA FRANKLIN
OCTOBER 20 t. 21 AT THE MIAMI MARINE STADIUM.
PUBLIC HEARING - CONFIRM ORDERING RESOLUTION NO. 78-232
& AUTHORIZE CITY CLERK TO ADVERTISE FOR SEALED BIDS -
POINT VIEW HIGHWAY IMPROVEMENT H-4309 - DEFERRED.
INTERNATIONAL FOLK FESTIVAL - PERSONAL APPEARANCE OF
MR. MORTY FREEDMAN - DEFERRED.
STATEMENT BY COMMISSIONER GIBSON REGARDING REPORT MADE
BY THE DEPT. OF HUMAN RESOURCES TO THE CIVIL SERVICE
BOARD - MEETING OF COMMUNITY RELATIONS BOARD.
PRESENTATION OF PLAQUE TO MR. IRWIN MAZIN UPON THE
OCCASION OF HIS LEAVING THE CITY'S EMPLOY.
SCHOOL RESOURCE OFFICER PROGRAM - SCHOOL BOARD'S
DECISION NOT TO FUND.
DESIGNATE VICE -MAYOR MANOLO REBOSO AS CITY'S
REPRESENTATIVE ON EASTERN AIRLINES' INAUGURAL FLIGHT TO
MERIDA.
DESIGNATE COMMISSIONER J. L. PLUMMER AND TWO OTHER
INDIVIDUALS TO REPRESENT THE CITY OF MIAMI AT THE
ANNUAL MEETING OF THE N.F.L. OWNERS TO BE HELD IN
HONOLULU, HAWAII TO SELECT CITY FOR SUPERBOWL GAME.
DESIGNATE. MR. JESSE WEISS AS CITY REPRESENTATIVE TO
ATTEND THE ANNUAL MEETING OF THE N.F.L. OWNERS TO BE
HELD IN HONOLULU, HAWAII IN MARCH, 1979.
APPOINT MEMBER TO THY ENVIRONMENTAL PRESERVATION
REVIEW BOARD - DEFER.
CANCEL SPECIAL MEETING SCHEDULED FOR OCTOBER 13, 1978;
RESCHEDULE FOR NOVEMBER 9, 1978.
PERSONAL APPEARANCE OF SANITATION EMPLOYEES WHO HAVE
BEEN TERMINATED,
QRD
K SOLUTION NO,
MANCE OR
- 78-648
- 78-649
R- 78-650
R- 78-651
DISCUSSION
PRESENTATIONS
Deferred
DISCUSSION
M- 78-652
DISCUSSION
DISCUSSION
PRESENTATION
DISCUSSION
M- 78-653
M- 78-654
M- 78-655
DISCUSSION
DISCUSSION
DISCUSSION
76 -
77
77 - 7S
78 - 80
tOltS OF ftEGULA'I2 MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
ON THE 12TH DAY OF OCIOBER, 1978, THE CITY COMMISSION OF
MIAMI, FLORIDA MET AT ITS REGULAR MEETING PLACE IN THE CITY
HALL, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA IN REGULAR SESSION,
THE MEETING WAS CALLED TO ORDER AT 9:05 O'CLOCK A.M. BY
MAYOR MAURICE A. FERRE WITH THE FOLLOWING MEMBERS OF THE
COMMISSION FOUND TO BE PRESENT:
COMMISSIONER J. L. PLUMMER, JR.
COMMISSIONER (REV.) THEODORE GIBSON
VICE -MAYOR MANOLO REBOSO
MAYOR MAURICE A. FERRE
t ESENT:
JOSEPH R. GRASSIE, CITY MANAGER
L. FOSMOEN, ASSISTANT CITY MANAGER
GEORGE F. KNOX, CITY ATTORNEY
MATTY HIRAI, ASSISTANT CITY CLERK
AN INVOCATION WAS DELIVERED BY REVEREND GIBSON WHO THEN
LED THOSE PRESENT IN A PLEDGE OF ALLEGIANCE TO THE FLAG.
NO1E: CO M.1SSIONER ROSE GORDON ENTERED THE MEETING AT
9:15 O'CLOCK A.M.
1. STATaMET 3Y COM;•11 SS I JNEP PLUMMER REGARDING DISRUPTION
OF TRAFFIC AND „US I':5 SS EY CONSTRUCTION OF SE4!ERS A"1D
STETS I •. THE CITY.
Commissioner Plummer: Mr. Mayor, if I might indulge this Commission for just a
moment, before the press is here....
Mayor Ferre: The press is always here.
Mr. Plummer: No, Willy isn't here, and I would be accused of grandstanding.
want to bring to this Commission that I am just really to the point....
Mayor Ferre: You don't think Jgebre is a member of the press?
Mr. Plummer: No, not Willy. Mr. Mayor, through you to the Manager to the depart-
ment, I don't know about your offices but mine is being plagued with phone calls
in reference to construction of streets primarily in the southwest area. Mr.
Manager, I have been to your office on a number of occasions in reference to the
project on 22nd Avenue. Now I want to tell you that not only is this project
in my estimation going to an unreasonable amount of time but it is going to the
point where courtesy and cooperation is not the point. Yesterday I was on S.W.
8th Street, I am concerned for the merchants of S.W. 8th Street who are not only
at the present time having to suffer for progress which is to be understood but
I am concerned that they are going to suffer tremendously in the rush of Christ-
mas Season. I traveled on 8th Street yesterday and I want to tell you that in
some areas, which it was not necessary they had that thing closed down to a half
.a lane - it wasn't necessay. Now I talked to Mr. Grimm and Mr. Grimm fully ex-
plained to me and I understand that these are not our projects - this is a State,
County kind of projects but you know to me and the rest of the motorists we don't
care whose project it is, we can't travel the streets. 17th Avenue, those people
have been suffering with storm sewers up there now of having their streets dug
up - unbelievable. Now all I'm saying is I thought we had an agreement that there
was going to be coordination and especially on the main arterials from 7 to 9 in
1
OCT 121978
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the Morning and 4 to 6 in the afternoon that tney wc•_._,a try if any way possible to
keep the heavy construction equipment off the main th:oughfares. It's not the
case. And between 17th Avenue, 22nd Avenue and S.W. 8th Street they are pretty
daMned well tying up this southwest community. I am concerned for the merchants
who will be expecting as always a Christmas rush - it's almost going to be impose
ible to do. I am concerned about the traffic. I think it should be approached
first in a spirit of cooperation with the state and county and then if cooperation
■ is not forthcoming then I think this City has got to exercise some muscle to get
■ these people and make them realize that this community has to stay viable while
■ the progress is going on. I'm not going to say any more but I'm going to say a
■ hell of a lot more at the next Commission Meeting if I don't see an improvement.
•II Mr. Grassie: By the next Commission Meeting, Commissioner Plummer, we'll have
the response from the County on this and we'll at least know what their stance
is going to be with regard to improving that traffic situation, we'll have an
answer by then.
■
Mr. Plummer: Mr. Grimm explains to me that +one of the projects is a state proj-
ect and one is a county project, and you know the person driving his car only
realizes he's in the City of Miami and he's holding us responsible and there
isn't a day that goes by in my office that we don't get three or four phone calls'
of psople who are complaining either from the dust, the mud, the inability to
traverse the streetE or what and I just think that maybe if you followed through
and put some people out there to say, "Look, when it's not absolutely necessary
park the truck over against the street". So I'll leave it at that. Mr. Mayor,
I'm sorry, I wanted to bring that up, I think it is necessary.
Mayor Ferre: All right, thank you, I think it is an important subject.
t 2. STATUS REPORT ON PROPOSED COU !TY ZONING ORDINANCE
COVERING RAPID TRANSIT CORRIDOR -- TEMP. DEFERRED.
Mayor Ferre: We're now on Item A which is a report on the status of the proposed
County Zoning Ordinance covering Rapid Transit Corridors.
Mr. Grassie: Mr. Mayor and members of the City Commission, Jim Reid will intro-
duce the subject.
Mr. Jim Reid: Basically, our intent this morning is to provide you a summary
report on the status of the proposed county ordinance covering the Rapid Transit
Corridors that has been the subject of much concern in many discussions among
City officials and County officials over the last month. We'd like to review
the background of the ordinance and the chronology with respect to it, talk about
some of the definitions of what is involved in the ordinance and discuss the pro-
posed City position....
Mayor Ferre: You know I'm going to interrupt you and I'll tell you why. Reboso
and Rose should hear this, it is too important for us not to have a full Commis-
sion so why don't you sit down and let's do some housekeeping while we get a
full Commission and maybe we can'get out early this afternoon.
3. ESTaCLIS'' PARING RATES AT `SUNICIPAL PARKING GARAGE
2.
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING RATES AT MUNICIPAL. PARKING GARAGE
NO. 2, LOCATED AT 130 BISCAYNE BOULEVARD; PROVIDING FOR THE
EFFECTIVE DATE OF DECEhBE}- 1, 197S FOP SAID RATES; RATIFYING
ALL ACTS OF THE OFF-STREET PARKING voARD AND ITS DIRECTOR AS
TO RATES HERETOFORE CHARGE1'; PROVIDING THAT THE DIRECTOR
SHALL CAUSE CEETIFIEF CCT'IEF CF SAID ORDINANCE TO BE FILED
PURSUANT TO SECTION `:S' 'µ.F THE TRUST INDENTURE; CONTAINING
A REPEALER PROVISION AND A SEVEPABILITY CLAUSE.
Passed on its rirst reading by title at the meeting of September 28, 1978,Was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Gibson, seconded by Commissioner Plummer, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Rose Gordon*
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Manolo Reboso
r Maurice A. Ferro
Mayo . ,....,,.-,,..,_....._ti..
NOES: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO.
The City Attorney read the ordinance
that copies were available to the members
public.
* NOTE: Commissioner Rose Gordon entered the meeting at 9:15 A.M. and indicated
that she wished to register her affirmative vote on this item.
into the public record and announced
of the City Commission and to the
OCT 121978
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immuiroomminimARM-
4. AMEND MIAMI CITY EMPLOYEES' GENERAL lETIREMENT PLAN -
PAY BACK FOP. PRIOR CONTINUOUS SERVICE.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CERTAIN SUBSECTIONS OF THE MIAMI CITY
EMPLLYEES' GENERAL RETIREMENT PLAN (ORDINANCE 5624, MAY 2,
1956, AS AMENDED), AS APPEARING IN CODIFIED FORM AS A PART
OF CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, MORE PARTICULARLY AMENDING SECTION 109 OF SAID
CHAPTER BY ADDING AN ADDITIONAL PROVISION THERETO PROVIDING
THAT ANY PROBATIONARY, TEMPORARY OR PERMANENT EMPLOYEE OF
THE CITY OF MIAMI WHO HAS BEEN IN CONTINUOUS SERVICE SINCE
BECOMING A MEMBER CT THE CITY'S WORK FORCE, MAY ELECT TO
PAY BACK FOR SAID PRIOR CONTINUOUS SERVICE UP TO A MAXIMUM
OF FOUR YEARS, PROVIDED THAT SAID PRIOR CONTINUOUS SERVICE
SHALL NOT BE APPLIED TOWARD THE REQUIREMENTS FOR ORDINARY
DISABILITY BENEFITS, FURTHER PROVIDING THAT ANY IN LINE OF
DUTY INJURY SUCH AS WOULD BE REQUIRED TO RECEIVE ACCIDENTAL
DISABILITY BENEFITS MUST OCCUR AFTER COMPLETION OF SAID PAY-
BACK AT THE HEREIN PROVIDED RATE; FURTHER, PROVIDING THAT
SHOULD ANY PROBATIONARY, TEMPORARY OR PERMANENT EMPLOYEE
DECIDE TO PAY BACK UNDER THE HEREIN SECTION, SAID PAY BACK
SHALL BE MADE USING THE EMPLOYEE'S CURRENT RATE OF COMPEN-
SATION, EXCLUDING INTEREST, AS THE BASIS FOR DETERMINING
THE COSTS INVOLVED; CONTAINING A REPEALER CLAUSE, A SEVER -
ABILITY PROVISION AND AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of September 28, 1978, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Plummer, seconded by Commissioner Gibson, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Rose Gordon*
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Manolo Reboso
Mayor Maurice A. Ferre.
NOES: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8864.
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.
* NOTE: Commissioner Rose Gordon entered the meeting at 9:15 A.M. and indicated
that she wished the record to reflect her affirmative vote on this item.
OCT 121978
5. AMEND MIAMI CITY EMPLOYEES' GENERAL RETIREMENT PLAN -
RESTORATION OF SERVICE CREDITS.
NOTE: Commissioner Gordon entered the meeting at 9:15 A.M.
R v. ri.bson: Mr. Mayor, I want to ask a question, I need an explanation.
need an explanation on #3.
Mayor Ferre: We're now on Item #3, Rose, we passed items 1 and 2, I don't think
there are any problems, but if you have any concern or question we'll be happy
to reopen them. We're now on #3, Father Gibson asked for an explanation on this.
Mr. Manager.
Mr. Grassie: I'm going to ask Jim Gunderson to comineht oh Item #3, Mr. Mayor.'
Mayor Ferre: We passed one and two.
Mrs. Gordon: (INAUDIBLE)
Mayor Ferre: Let's do it legally, Rose. With the Commissions full concurrence_
let the record show that Mrs. Gordon votes affirmatively on Items 1 and 2. Are
there any questions on that? Okay.
Mr. James Gunderson: This particular ordinance before you is a means by which
employees will be able to redeposit for service credit to a maximum of 4 years,
that is when they have worked for the City for a time in the past and then they
have severed their relationship with the City and then came back, if three years
or five years have expired - I forget which of the two it is - then they are
entitled, at this present time they are not entitled to buy any of their time
back. That this ordinance does is permit them to buy back and restore up to four
years of prior service that they have earned.
Mayor Ferre: Is the administration recommending this?
Mr. Plummer: ... at what rate do they buy it back at?
Mr. Gunderson: They buy it at the current rate of compensation that they're`'.'
being paid.
Rev. Gibson: Let's make sure we understand. In the first place I didn't under-
stand what was here. At what current rate?
Mr. Gunderson: Their current salary rate that they are now earning.
olit Rev. Gibson: Oh no, wait a minute. Do you mean to tell me a man ... I don't
understand, if you leave the service and you were getting $10 an hour, what cur-
rent rate are you talking about?
Mr. Gunderson: If he is now making $15 an hour he pays at that rate.
Rev. Gibson: I am opposed to that. I believe that either you got some goodie
while you were gone and that's why, you know, so you can't eat your cake and have
it too.
Mrs. Gordon: May I add something, Father, to the reasoning behind this so you
may have some of the facts at least that we had at the board? If you'll notice
the last sentence says, "Excluding interest". Now the reason is that if they
paid at the rate that "I.'v received at that point in time,
you know that they have to make up, back pay, well then they would have to pay
interest. Now if you're going to add interest to that rate it would probably be
a larger out of pocket amount than they would have to put out now. Am I right,
Jim?
Mr. Grassie: We haven't explained this yet to your satisfaction I don't think,
Rev. Gibson: No, sir, no!
Mr. Grassie: Do you understand, Father, that the employee by paying at the cur-
rent rate ends up paying a percentage,on a higher salary level, he would end up
making a larger contribution, by the same token the City has to make a signific-
antly larger contribution also, So you know it seems to me fair for the employee
OCT 121978
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if it is fair for the City to put in that much larger contribution because you
have to pay at today's rates rather than say 15 years ago.
Mrs. Gordon: Well, isn't it true also that the employee gains by hot haVing to
pdy interest on the...
Mr. Grassie: Of course.
Mrs. Gordon: So it's a definite benefit more to the employee than to the City
from the way I see it.
Mr. Grassie: Yes, it would work out that way but it is also the only way that
you can assume an obligation today and fund it, you know that you would have
enough money in the system so that you fund the obligation because it is a new
obligation that you're assuming today and if you don't put in today's dollars
. The
then you wouldn't be funding the obligation thinat yu're assuming, you a disproportionate amount money
only other way would be for the City
for this buy-back, we would have to do more for these people than we do for any-
body else.
Rev. Gibson: Well, I think there needs to be a clarification of what
heou're talk-
ing about current rate. The average layman would not pick this up,
ge
layman gets the reaction I'm getting, I'm given.
Mr. Grassie: That's true.
Mrs. Gordon: J. L., doesn't the System operate the same way that We're discuss-
ing here now?
Mr. Plummer: Rose, this as I understand it does not involve except you tried to
track the language here of what we had done on a previouscoccasionreut not direct-
ly related to this same situation. So I don't th you
Mrs. Gordon: But the procedure is the same.
Mr. Plummer: The procedure is basically the same, yes.
Mrs. Gordon: That's what I meant, that's really what we're talking about, the
procedure.
Rev. Gibson: Well, let's make sure that that language gets to be much clearer.
See, we can't afford to write these things so that the lawyer understands
andere
d
you know all of that, we want this language so that the average layman
who sits out there could understand what is being said.
Mayor Ferre: Can we do that at this point, or would you rather come back this
afternoon?
Rev. Gibson: No, I don't mind, I will pass it providing that you make it clear,
explain it because this is not clear.
Mayor Ferre: Is that acceptable to everybody?
Mr. Grassie: As a matter of fact, I think maybe the reasonable thing to do is
to include an explanation of this in the employee newsletter also so people know
what it's all about.
Rev. Gibson: Right.
Mayor Ferre: All right, with those conditions then who wants to move thi
Rev. Gibson: I'll move it.
Mrs. Gordon: Second.
OCT 121978
1111111111111111111111111111111111111111111111111111111111111111111111111111MMiiiiiimmEN
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CERTAIN SUBSECTIONS OF THE MIAMI CITY
EMPLOYEES' RETIREMENT PLAN (ORDINANCE NO. 5624) MAY 2, 1956,
AS AMENDED), AS APPEARING IN CODIFIED FORM AS A PART OF CHAPTER
2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, MORE
PARTICULARLY AMENDING SECTION 109 OF SAID CHAPTER BY ADDING AN
ADDITIONAL PROVISION THERETO PROVIDING THAT IF A MEMBER CANNOT
FULFILL TIIE AFORESAID CONDITIONS AND REQUIREMENTS OF THIS SEC=
TION WHICH ARE NECESSARY FOR RESTORATION OF SERVICE CREDITS,
HE OR SHE MAY NEVERTHELESS BE PERMITTED TO REDEPOSIT SERVICE
CREDIT UP TO A MAXIMUM OF FOUR YEARS; FURTHER, PROVIDING THIS
SUBSECTION SHALL APPLY ONLY TO THOSE MEMBERS WHOSE SEPARATION
FROM PRIOR EMPLOYMENT SHALL I3AVE BEEN UNDER HONORABLE CONDITIONS;
FURTHER PROVIDING T}iAT SHOULD A MEMBER DECIDE TO RESTORE SERVICE
CREDITS UNDER THE HEREIN SUBSECTIO:, SAID RESTORATION SHALL BE
MADE USING THE MEMBER'S CURFENT. MTE: OF COMPENSATION EXCLUDING
INTEREST AS THE BASIS F')R DETERMINING THE COSTS INVOLVED; CON-
TAINING A REPEALEF CLADS , A SEVERABILITY PROVISION AND PRO-
VIDING THAT THE RE'_:I'+. ".LNT OF READING THIS ORDINANCE ON TWO
SEPARATE DAYS I» HEREBY DISPENSED WITH BY A VOTE OF NOT LESS
THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION.
Was introduced by Commissioner Gibson and seconded by Commissioner Gordon
for adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing
with the requirement of reading same on two separate days by a vote of not less
than four -fifths of the members of the Commission -
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Manolo Reboso
Mayor Maurice A. Ferre
NOES: None.
Whereupon the Commission on motion of Commissioner Gibson and;
Commissioner Gordon, adopted said ordinance by the following vote -
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Manolo Reboso
Mayor Maurice A. Ferre
NOES: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8865.
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.
ON ROLL CALL:
Mr. Plummer: Let me make one comment and then I'll vote. Mr. Manager and
Mr. City Attorney, I find with more frequency things being presented to this
Commission on an emergency basis in which I do not feel the necessity of voting
for it on an emergency. In this particular case, the reason I'm using this, I
have no problems but I want to tell you in the future speaking for one on this
Commission I want things presented to this Commission on an emergency basis to
be just that. So I want it to be understood that in the future I'm not going to
be voting on an emergency basis unless I feel that it is an emergency. With
those predicates I vote yes.
Mr. Grassie: Just a note of explanation on this, if you remember we had one of
these two companion items up on your agenda last time and I think at Commissioner
Gordon's suggestion we....
Mrs. Gordon: It was inadvertently not included at the same time that the other
one was included and to make them coincide with the effective date for....
Mr. Plummer: Rose, I understand.
Mrs. Gordon: I know you d
Mr. Plummer: One of the ways that a lot of things come under attack Pn this
OCT 121978
Commission and thrown out at the court level is that we voted on an emergency
when it, in fact, was not and I'm just making that for the record.
Mrs. Gordon: True.
Mr. Knox: May I explain that distinction for the record also? There is a pro, --
vision in the Charter which permits a dispensing with the second reading on
items:, now the distinction between this procedure and an emergency procedure is
that when a measure is adopted as an emergency measure it takes affect immediately
hnt with this provision there is still the 30•-days which lapse before it takes
affect.
6. AMEND SECTION 2-24 OF THE CODE 3Y PROVIDING A FEE FOR
PFPRODUCTION OF RECORDS, PLANS AND MAPS - BUILDING
AND ZONING INSPECTION DEPARTMENT.
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 PRO-
VIDING FOR AN EFFECTIVE DATE.
Was introduced by Commissioner Plummer and seconded by Commissioner Reboso
and passed on its first reading by title by the following vote -
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Manolo Reboso
Mayer Maurice A. Ferre
NOES: None.
The City Attorney read the ordinance into the public record and announced
that cosies were available to the members of the city commission and to the public.
7. AUTHORIZE APPLICATION OF MINIMUM RENTAL FEE FOR MIAMI
COMMUNITY POLICE BENEVOLENT ASSOCIATION`S FASHION SHOW
AT BAYFRONT PARK AUDITORIUM - DEFER.
Mayor Ferre: Rose Gordon moves 5, Plummer seconds. On discussion, Mr. Manager,
I thought we had a new system on Bayfront Park Auditorium, what is this all about?
Mr. Grassie: If you'll remember, Mr. Mayor, you suggested or possibly we suggested
and you concurred that in starting this fee process that we start in with a min-
imum fee, with a low fee but that we do have that minimum fee.
Mayor Ferre: I see, everybody is in agreement on this then?
Mr. Plummer: Mr. Mayor, I think really the reason this is on the agenda, in the
back-up material is because of a problem that is still existing that a previous
bill was not paid.
Mayor Ferre: By the PBA?
Mr. Plummer: That's right, and I think other than that as I read in the back-up
it could have been handled administratively.
Mr. Grassie: Well, except that....
T, Plummer: So I think that that's got to be noted,
Grassie: You're correct, Commissioner, we want to make sure that the position
that we're taking is that they will have to allow the audit of their financial
statement which they have not sent us, they have not sent us a statement for last
O C T 121978
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year when they did get a fee waiver. They're o.oinc to have to allow the audit
of that last year's activity and they're going to have to promise to send us a
financial statement on this year's activity if they expect a fee waiver...:
Mr. Plummer: well, it is my understanding that this is the hammer that if they
don't send it to you prior that they ain't going to get it this time.
Mr. Cri ic: That is correct.
Mr. P_iuniiuer: All right. Now, I have one other comment, Mr. Mayor. You know one
of our policies addresses to that the proceeds shall go to a charity, and please
for the record my remarks are not toward this organization, but I think, Mr.
Manager, it behooves you to better identify those charities. The word in this
particular case is its going to "Charity". Now I think that there are recogniz-
able charities and there are some that are really not recognizable and I think
in the future for your form it has got to delineate clearer that it is a recog-
nized, and they name it. I really feel that to be the case
Mr. Grassie: That's a good point, Commissioner.
Mrs. Gordon: Is our p rocedura then going to be that every one that comes for -a'.
special reduction shall be taken to us in the same manner as this is?
Mr. Grassie: N:,, it will not be necessary....
Mrs. Gordon: Then why are we doing it now?
Mr. Plummer: Because there is a back obligation that has not been met.
Mr. Grassie: Yes, because we are imposing on them the condition that they meet
your requirements from last year which they have not done and we want everyone to
make sure....
Mrs. Gordon: We didn't have this in effect last year, I'm sorry.
Mr. Grassie: We're talking about a different
a policy last year which said that anyone who
facility had to provide a financial statement
financial statement on what they did with the
with. And what this does is...
requirement, Commissioner. You had
received a fee waiver for a City
if they collected any gate fees, a
money and that has not been complied
Mrs. Gordon: I want to look into this a little more....
Mayor Ferre: A11 right, then Mrs. Gordon moves that this matter be postponed....
Mrs. Gordon:
Mayor Ferre:
Mr. Plummer:
Mr. Grassie:
To the next meeting.
Well, the problem is, do we have enough time?
When is the affair?
The 17tth of December, so we do have enough time.
Mr. Plummer: Well, I think, Rose, what you should do in deferring it is ask them
to come forth with that statement that is needed and second of all to delineate
the charities that this money is going to.
Mayor Ferre: Gordon moves, Plummer seconds the deferment until the November
meeting, call the roll.
The preceding motion to defer introduced by Commissioner Gordon and seconded
by Commissioner Plummer was passed by a unanimous vote.
OCT 121978
111111111111111111111111111111
APPOINTMENT TO CIVIL SERVICE BOARD - TEMP. DEFERRED.
Mayor Ferre: Now we're on this item of replacing Manolo Argues. We're going to
vote in a minute, what I would like to recommend to the Commission is that we
just put the names of the people that we want on a piece of paper without discus-
sion.
Mrs. Gordon: Who are the ones that are now nominated?
Mayor Ferre: I'm going to get into that in a moment. Now Rose, if there is no
clear cut majority on the first vote that means we're going to have an awful lot
of discussion and talking so then what :'d do if it's all right with you is then
put it off for later on in the morning or in the day. In other words if somebody
gets three votes automatically....
Mrs. Gordon: Who are the nominees, because we....
Mayor Ferre: I'm going to ask the Clerk in a moment, we'll get to that in a
second but I just want to make sure that this procedure is all right. We'll vote
one time, if nobody gets a three, a clear three votes then let's put it off until
later in the morning or in the day when we can get into a discussion on it be-
cause otherwise we're going to be half an hour discussing this. All right, who
are the nominees?
Ms. Hirai: We have Mrs. Freedman, Jose Luis Correa, Armando La Casa....
Mrs. Gordon:
Ms. Hirai: J
Mr. Plummer:
Mrs. Gordon:
Mr. Reboso:
Mr. Plummer:
Mayor Ferre:
Who was the second one?
ose Luis Correa. Armando La Casa and Manuel Argues.
No, that's not right.
There has to be somebody else.
I put Teresa Saldise last time.
That's right.
There have been no other applicants?
Ms. Hirai: Not that we know of, Mr. Mayor.
Mayor Ferre: That have been submitted, well you've got Teresa Saldise.
Ms. Hirai: Yes, we do.
Mayor Ferre: So there are five contenders at this point: Freedman, Correa,
Argues, La Casa and Saldise.
Mrs. Gordon: Are any of those persons here in the room?
Mr. Plummer: Correa was here.
Mrs. Gordon: Is there any back-up material on these?
Mayor Ferre: Yes, all of the back-up material was submitted —an
Clerk as far as Correa is concerned.
Ms. Hirai; We submitted what we received on Mr. Correa to the Commission,
Mr. Plummer:
the record.
Mrs. Gordon: Did you also get material on Teresa Saldise?
Mr. Plummer:
Rev, Gibson:
I received the material and spoke with the individual,
Yes, I did.
I did not.
Mr. Plummer: 1 received a full resumee, Father.
Rev. Gibson: 1 got the resumee, I did not speak with her.
Mr. Plummer: She did not afford herself of the opportunity to call and fake
appointment with me but I did receive the resumee.
RrV. Gibson: I received it.
Mrs. Gordon: If it is possible, can we postpone this now so that 1 may have an
opportunity to speak to the persons. I haven't spoken to Jose Correa and 'Teresa
Saldise.
Mayor Ferre: As long as it is done within today, and I hate to put the strain
on you but remember this has been pending for three months and Plummer - it isn't
your fault, Plummer is the bad guy and last time around we said we're going to
put it off one more month but this is it, one more meeting but this is it.
Mrs. Gordon: Well, we're back to where wa were originally. I mean these people
may be absolutely ideal for the position but I haven't talked to them.
Mayor Ferre: I understand, but the point is that I think we cannot put it off
beyond today, I have no objections to leaving this as the last item on the agenda
today.
Mrs. Gordon: If we can have them contacted and asked to be, I have no objection
to talking to them on the microphone here, in fact, I have no objection to all
five of them being present and being addressed publically.
Mayor Ferre: Would you then.... I've already done this personally and I don't
know who else has or hasn't but you know time is running out on us and we've got
to select somebody.
Mrs. Gordon: I know but you know you're not going to pick a bean out of a hat.
Mayor Ferre: Of course not, that's why I interviewed them and saw their records
and have gone through this.
Mrs. Gordon: Ok.
Mr. Plummer: Mr. Mayor, it's not a hat it's a coffee can.
Ma or Ferre: Ok well we'll •ut Item #6 off until later on today.
APPOINTMENT OF MEMBER TO ENVIRONMENTAL PRESERVATION
REVIEW BOARD - DEFERRED.
Mayor Ferre: We're on #7. If you'll look at #7 in your packet, Mike Simonoff
submitted his verbal resignation on July 5th because he was running for the
Senate.
Mr. Plummer: For the record, Ms. Clerk, have you received in writing his resig-
nation?
Ms. Hirai: No, Mr. Commissioner, I haven't.
Mr. Plummer: I'm just getting back to the old problem again, technically he has
not resigned.
Mayor Ferre: Well then technically he hasn't resigned. Well, maybe he wants to
reconsider. I have no objections to letting him reconsider if he wants to.
Mrs. Gordon: Well, you need to have it in writing at any rate.
Mayor Ferre: Well, the fact is that Mike Simonoff is a highly motivated and
qualified guy for something like this and I have no objection and I'm not going
to abuse this for anybody else, it doesn't mean anything anyway, and if he wants
to stay on I don't think we can get anybody any better than Mike Simonoff. So
why don't we put this off for this afternoon?
11
OCT 121978
Rev. Gibson: Mr. Mayor, Mike and I are, I mean you know, I just think that we
ought to adhere to a policy that the man resigned, if you want to decide that
you want to reconsider people after they've resigned and all of that let's do
that otherwise we're going to be setting a very dangerous precedent.
Mdyor Ferre: Fine, I've got no objections to the format that has to be adopted:
Rev. Gibson: I think we ought to adopt a format of people who are on these boards
ought to forthwith resign.
Mayor Ferre: Fine.
Rev. Gibson: Forthwith resign and they can have the right to reapply.
Mayor Ferre: I have no objections to that. The bottom line ends up being the
same. I think you're absolutely correct that the format that is used sets a
precedent and I think it is important, the man has resigned, he's no longer a
member, I have no objections to renominating Mike Simonoff.
Rev. Gibson: Well that's the only thing I'm saying.
Mayor Ferre: Ok, to be on the Environmental Preservation Review Board. Do you
want to leave it for this afternoon so we can call him and see if he wants to
serve?
Mrs. Gordon: He may not want to serve.
Mayor Ferre: That's the point, he may not want to serve. So I'll call him up
and ask him what he wants to do and we'll take it up this afternoon. Ok? Along
with 6.
10. SUPPORT HOUSE OF REPRESENTATIVE BILLS 8729 %0 110gq6
WHICH ALLOCATES 2 OF TAX ON AIRLINE TICKETS TC'+IARD AIRPoRi
NOISE ABATEMENT MEASURES.
Mayor Ferre: Now we're on Item 8, "Supporting of the U.S. House of Representa-
tives Bill 8729 and 11986 which lowers the present 8% tax on airline tickets to
68".
Mr. Plummer: Mr. Mayor, as I read this even though I don't feel that it is really
this Commission that should involve itself I do feel that it is a unique situation
that it is one of the few times where industry and labor are going down the road
together for the betterment of the community and I see nothing wrong with this
Commission supporting something that is a betterment of this community and as such,
Mr. Mayor, I'll offer the motion.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 78-638
A RESOLUTION DECLARING THE CITY'S SUPPORT OF FEDERAL HOUSE BILLS
NO. 8729 AND No. 11986 WHICH ALLOCATE 2% OF THE PRESENT 8% TAX
ON AIRLINE TICKETS TOWARD DEFRAYING THE COST OF AIRPORT NOISE
ABATEMENT MEASURES; THEREBY BRINGING RELIEF TO AREAS ADJACENT TO
AIRPORTS.
(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
adopted by the following vote -
AYES; Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Manolo Reboso
mayor. Maurice A. Ferre NOES: None,
12
OCT 121978
er
11. AUTHORIZE INCREASE IN SCOPE OP CONTRACT WITH JOE
REINERTSON EQUIPMENT CO. FOR MIAMI CONVENTION CENTER
SITE PREPARATION WORK.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 78-639
A RESOLUTION AUTHORIZING AN INCREASE IN THE SCOPE OF THE CONTRACT
ITT AN AMOUNT NOT TO EXCEED 522,000 FOR THE MIAMI CONVENTION CENTER
SITE PREPARATION WCRK: ALLOCATING THE ADDITIONAL AMOUNT FROM THE
ECONOMIC DEVELOPMENT ACT GFANT NO. 04-51-591.
(Isere follows bod': of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution
adopted by the following vote -
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Manolo Reboso
Mayor Maurice A. Ferre
NOES: None.
12. EID ACCEPTANCE - 4,600 TEMPORA'?Y BLEACHER SEATS FOR
Tc1a ORA14GE BONL.
Mayor Ferre: We're now on Item #10 which is a resolution on the Orange Bowl
Temporary Bleacher seats for $50,600, accepting the bid and authorizing the Man-
ager, City Manager recommends.
Mr. Plummer: Mr. Mayor, for clarification of the record, you will remember or
you should remember, the members of the Commission, that when you sent me to nego-
tiate for Superbowl that this was one of the latitudes that we had to make a com-
mitment of 80,000 seating and I'm happy to tell you that if you look in your back-
up material the TDA made a commitment which they're living up to, the Orange Bowl
Committee has made a commitment which they're living up to and now this is our
portion which we must live up to. So under those circumstances, Mr. Mayor, I
move it.
Rev. Gibson: Let me ask a question. What would this $40,000 do?
Mr. Plummer: It will put an additional 5,000 bleacher seats, Father, in the east
'end zone.
Rev. Gibson: I understand that but I was trying to get the tone, are we buying?
Mr. Plummer: No, Father, it is a rental.
Rev. Gibson: You know the reason, I admit I have a peculiar way of asking ques-
tions, you know when we had those bleacher seats before up there, do you remember
that:
Mr. Plummer: Yes.
Rev. Gibson: Mr. Grassie, you weren't here. We caught eternal hell and I just
wonder if you're spending that kind of money for temporary seats I'm wondering,
Mayor Ferre: ... It's an awful lot of money for, is this for one game?
Mr. Plummer: Well, it's actually two, the Orange Bowl game and that's why the
.Orange Bowl Committee is participating.
13
OCT 121978
Rev. Gibson: What I'm concerned about and with is if we have another Superbowl,
they would have the same restrictions. If we are going to spend $40,000 of our
money how...
Mr. Plummer:
Mayor Ferre:
Mr. Plummer:
No, Father.
We're spending $10,000,
It's 10 of our's.
Rev. Gibson: Well, whether it's the City's
of our's, the people and all totaled money.
or anybody else's money it's $40,000
Mayor Ferre: So that's $50,000 we're spending.
which the City pays 10,000.
The total cost is 50,000 of
Rev. Gibson: Ok. There is nothing which says that
problem exists.
Mr. Plummer: Three.
h a year or two the same`
Rev. Gibson: We could be penny-wise and pound foolish.
Mayor Ferre: Well let's ask the question, how much would it cost to buy 5,000
seats for the Orange Bowl?
Mr. Plummer:
hopeful....
Rev. Gibson:
Well, Mr. Mayor, I think is that really the question or are we
That's my question.
Mr. Plummer: ... in the November ballot of the improvements to the Orange Howl,;
one of the proposed things is the enclosing of that end -zone.
Mayor Ferre: Yes, but let me ask you this: Do you know what the County Commis-
sion is going to come back as conditions for them doing that? Are they acceptable
to you carte blanche? In other words whatever conditions they put to that money
you're going to accept, right?
Mr. Plummer: I'm not acceptabe to anything that I don't know about, Mr. Mayor.
Mayor Ferre: Well that's exactly the point.
Mr. Plummer: Do you know something I don't?
Mayor Ferre: Well, what I know is that you know the County, let me put it another
way. How many times has the County given you something for nothing that you know
of?
Mr. Plummer: My private business or the City business?
Rev. Gibson: Either.
Mayor Ferre: Well, you know that the County doesn't give you something for noth-
ing and you know darned well if they come up with that money they're going to
want something and it may be acceptable, I hope it is but I don't know that it
is. And the point is simply this, that how much would it cost to put up 5,000
bleachers that we could own and put up and take down? Does anybody know that?
Mr. Plummer: Mr. Mayor, I think then what would be appropriate this morning in
the way of a motion is to approve this and let the latitude of the Manager be to
come back with a price for a permanent basis.
Mayor Ferre: The question is why wasn't that done in the beginning.
Mr. Grassie: Two reasons, Mr. Mayor. You remember that we as Father Gibson said,
we had bleachers up there before. They were taken down after a lot of disagree-
ment apparently with the City....
Mayor Ferre: With the Dolphins.
Mr. Grassie: Well between the City and the Dolphins,
Mayor Ferre; For a change.
14
OCT 121978
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Mr. !nutter: It takes two to disagree.
Mr. Grassie: They were taken down among other things because for a regulat foot=
hall game you really don't want those bleachers there. Now the whole question
that the City has been faced with for many years is whether or not you want a
65,000 seat stadium basically or an 80,000 seat stadium and this relates to the
•lirror ncn between regular. Dolphin games and Orange Bowl games. Now, if you want
I.0 put up bleachers it will cost you approximately $200,000 to buy them. It costs
$50,000 to rent them as you sec.
Mayor Ferre: They'd be paid for in four years.
Mr. Grassie: You could pay for them in four years.
Mr. Plummer: That's not true.
Mr. Grassie: That's not true really because you don't have a Superbowl Game
every year.
Mr. Plummer: That's right.
Rev. Gibson:
Games....
Well Jet me say this,
let's assume that we have only two SuperboW1
Mr. Plummer: Father Gibson, history will tell us every third year.
Rev. Gibson: All right, every third year. We are in the business of providing
seats in all of these parks.
,. Mayor Ferre: I think Gibson has a very very good point. Let me ask you this
question: Could those 5,000 bleacher seats, since you put them up and take them
down, be used for other stadiums or other parks or for example the Dinner Key
Auditorium? Could they be installed at Dinner Key? Are they the type of thing
you can disassemble and put up and take back?
Rev. Gibson: Precisely the point I'm making, Mr. Mayor.
Mr. Grassie: They are the type that you can disassemble and put up some place
else. I would estimate, and it is an estimate, I would estimate that of the
$50,000 that you are paying now to put up these bleachers you are paying not more
than 5 or $10,000 to buy the bleachers, to amortize the bleachers, the rest of it
is basically the cost of putting it up and taking it down. Now if you move the
things it is going to cost you that kind of money.
Mayor Ferre: I understand, thank you. You've answered the question. What you're
saying is of the $50,000 35 to 40,000 is just the labor of putting them up and
taking them down. Ok, any further discussion on this?
Rev. Gibson: Let me make this comment for the record - Lord, government certainly
is expensive!
Mr. Plummer: Thank you for saving my commitment.
The following resolution was introduced by Commissioner Plummer,
its adoption:
RESOLUTION NO. 78-640
A RESOLUTION ACCEPTING THE BID OF HIALEAH GRANDSTAND, INC. FOR
FURNISHING 4,600 TEMPORARY BLEACHER SEATS ON A RENTAL BASIS FOR
THE DEPARTMENT OF STADIUMS AND MARINAS AT A TOTAL COST OF $50,600.00;
ALLOCATING FUNDS FROM THE 1978-79 FISCAL YEAR OPERATING BUDGET
IN THE AMOUNT OF $10,600, AND FROM THE ORANGE BOWL ENTERPRISE
FUND IN THE AMOUNT OF $40,000.00; AUTHORIZING THE CITY MANAGER
AND THE PURCHASING AGENT TO ISSUF THE PURCHASE ORDER FOR THIS
SERVICE.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed, and
adopted by the following vote -
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Mayor Maurice A. Ferre NOES: None. ABSENT:
Vice -Mayor Reboso
OCT 121978
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Mr. Plummer: I nominate Father Gibscn to co this year and make the bid for
Super. howl .
k'v. Gibson: Plummer, let me say I am for the seats, I just wondered if it was
I wanted to know if it wouldn't have been cheaper....
Mr. Plumm•,,r: Father,
understand .my ulcers don't.
13. BID ACCEPTANCE - PILING REPAIRS - DINNER KEY MARINA
AND MIAMARINA.
Mayor Ferre: We're now on Item 11, Piling Repairs, Dinner Key Marina and Miamarina
Dock and Marine Construction and Max Henry Larson, $102,127.50, Stadiums and
Marinas, accepting bid, Manager recommends. Moved by Reboso, is there a second?
Mrs. Gordon: Just a question.
Mayor Ferre: Wait a minute, does somebody second this or not?
Mr. Plummer: No, I don't.
Rev. Gibson: Yes, I second it.
Mayor Ferre: All right, under discussion, Plummer, what's your problem?
Mr. Plummer: My problem is very simple, you're negotiating with a company to
hopefully re -do the entire docks, why are we doing this?
Mrs. Gordon: Yes, why are we spending City money now when we're negotiating a
deal with somebody else that's supposed to do that?
Mr. Grassie: Two reasons, Commissioners: (1) the money that is being spent is
the money which has been put in trust from the moneys contributed for marina use
by the tenants, and if you remember the ordinance that you adopted last year,
this money can only be spent to improve the marinas.
Mrs. Gordon: Will it be reimbursed by the prospective lessee?
Mr. Grassie: I'll answer your question, just a minute please. Now the kind of
improvements that we are talking about making are putting in the wood pilings.
Now Mr. Grimm has purposely ordered these things a foot longer than necessary so
that if they have to be relocated they can be simply picked up and driven agEin.
The pilings that are being replaced are rotten. Now we are going to place the
new pilings in the part of the piers which will be the last to be reconstructed.
If you can imagine a reconstruction period of about three years because you can't
throw everybody out and tear down all the piers obviously, you have to do it one
pier at a time so that people have a place to leave their boats. You're talking
about a three year period, in the meantime the pilings are falling down so we're
going to replace them but in such a way that the piles themselves will not be
wasted, they will be reuseable.
Mrs. Gordon: You didn't answer the question though.
Mr. Grassie: Now the question was will we get a credit from the developer for
these pilings. Let me remind you that we are talking about a city revenue issue
to pay for all of the expenses, making this expenditure now from a fund which can
only be used for these improvements, making this expenditure now will have the
benefit of making smaller our obligation to put money into the pier improvements
out of the bond issue later on.
Mrs. Gordon: That's not the question nor the answer.
Mr. Grassie: Well, Commissioner, let me try to make sure that we understand. We
are not talking about money which the developer is going to put up. We're talking
i.bout a City revenue bond so it is our money that we're talking about in terms of
improving the facilities.
O C T 121979
if
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Mayot Ferre: The way its going the point is that it is the City's money one way
or the other, it's going to be a City revenue bond, it's our money.
Mr. Grassie: That's correct. So we are not making an expenditure for somebody
el::e.
Mayt,r Ferrel But that's not the key question.
Mr, Grassie: It's a City improvement and we're making a City expenditure on a
City facility.
Mayor Ferre: Mr. Manager, I think the question, there are two questions. One is
th,' question that has been asked as to why should we pay this now when it can
come out of a revenue bond in the future and the second question is how practical
is it. Now the one I really want to understand is the practicality of it. What
you're saying is that those piers, and what you're talking about basically are
the wood pilings.
Mr. Grassie: The wooden pilings, that is correct.
Mayor Ferre: The wood pilings which is where the boats tie themselves, is that!
it?
Mr. Grassie: That's correct.
Mayor Ferre: Are in such condition that they we need to have them otherwise we
don't have the use of a pier. Now, what you're going to do is you're going to
put the wood pilings in such a place so that it will be last repair done which
is three years from now.
Or
4r. Grassie: In most cases that is true, yes, sir.
Mayor Ferre: And you're also going to do it in such a way, because I want Rose
to hear this, these pilings are the last that are going to be driven or used three
years from now after the repairs (1) and (2) they're in condition now that they
won't last for another couple of years so it has to be done if we're going to
have a marina out there. And (3) they're being ordered longer than usual so that
if they have to be replaced from one location to another they can be pulled out
and redriven. So you know it is like taking the tires off of one car and putting
them on the other car, what the expense is of taking them out and putting them
back somewhere else.
Mr. Plummer: Mr. Mayor, using your analogy - my problem - why do that if you
know you're going to sell the car?
Mayor Ferre: Well, but the point is....
Mr. Grassie: We're selling it to ourselves
Mr. Plummer: No, I disagree with you, Mr. Manager. You see, you're going on a
premise and so is the Mayor that these are possibly going to be City revenue
bonds and I'm not on that premise, I want to tell you.
Mayor Ferre: Well, there isn't no other way you're going to get....
Mr. Plummer: Oh, you're wrong.
Mayor Ferre: Oh, I see, Okay. Well, I hope I am.
Mr. Plummer: I hope you are too.
Mayor Ferre: That's one time I'd be very happy to be wrong. Now you tell me who
is going to come up with the $3,000,000.
Mr. Plummer: Well, Mr. Mayor, that's all a part of this negotiation and I want
to tell you something the negotiation I hope is going in the terms....
Mayor Ferre: Mr. Plummer, we're not going to get into that now but let me just
make one very brief statement - You cannot have your cake and eat it too. Now
if what you want is for somebody to pay the 3 or $4,000,000 you can get that but
you're going to have to give a long term lease because nobody is going to put up
3 or $4,000,000 and have a three or four year lease.
17
OCT 121978
Mr. Plummer: Mr. Mayor, you're pre -supposing that it is not a possibility:
Mayor Ferre: I'm using logic.
Mr. Plummer: Your logic.
Mayor Ferre: My logic, and my logic telis the that this Commission i
to accept tying up public property for 30 years in this way.
Mr. Plummer: Well, see here is where you and I, Mr. Mayor, have a healthy disc
agreement. Had we used that logic we would not have been the owner of the Trainer
Property. Had we used that logic Grove Key would not be under a 30 year lease,
Had we used that logic Merrill Stevens would not be under a 30 year, it's all
there, the precedent has been set. So I'm not using that kind of logic to tie
me down and preclude my negotiating a full cake.
Mayor Ferre: As Rose Gordon told me, and I think very intelligently so the other
day when I said, well you know, if it is valid for the Convention Center it is
valid for Watson Island and it is valid for Dinner Key and she said, "Well wait
a moment, they're not all the same". Now I'll use Rose Gordon's statement which
was accurate and tell you they're not all the same.
Mr. Plummer: Mr. ldyor, I agree but what I'm saying to you is by this here you
are precluding that it cannot be part of the negotiations. You know we're talk-
ing about hopefully - Mr. Manager, you tell me - another 30 days and you're going
to be coming back to this Commission - I assume 30 days - with some kind of pack-
age for what you've been negotiating. And I think to preclude this from your
negotiations is wrong.
Mayor Ferre: Mr. Manager, let me ask you this question: Where is the money cote
ing from for this?
Mr. Grassie: Again, Mr. Mayor, and Commissioner Plummer, the money is coming
from a trust account which is part of the revenues derived from rents of boat
slips that can only be spent for these types of purposes such as improving the
pilings or improving some aspects of the marina.
Mayor Ferre: That means that we can't use this money for any thing else other
than Dinner Key Marina.
Mr. Plummer: Improvements.
Mr. Grassie: It cannot be used for anything else according to your ordinance.
Mr. Plummer: Now what I'm trying to say is this, Mr. Mayor, I guess; that it's
nothing to preclude the people you're negotiating with doing this and that we
take that hundred and two thousand dollars and make other improvements, that
maybe will not be. I'm just saying, look, when you go into negotiations you go
in and it is the art of compromise. I think you are precluding one of your options
by doing this now prior to negotiations. That's all I'm saying, you're talking
about another 30 days. Hey, we might have to come back and approve this.
Mayor Ferre: All right, Mr. Reboso?
Mr. Reboso: What if we have an accident, J. L.?
Mr. Plummer: I don't see this as an emergency procedure.
Mr, Grimm: Mr. Mayor, if I may I'd like to ..,
Mayor Ferre: Shed some light on it.
Mr. Grimm: If you would walk out on the docks you'd see that many of the piles
that we're talking about replacing don't exist above the water line, others have
holes in them. We're really not talking about something that isn't salvageable,
the bids that we've taken expire if we don't award this contract today, the con-
tractor will no longer hold these bids firm. And even though Commissioner Plummer
and some of you may be optimistic about negotiations, even if we completed negot-
iations on what we're going to do at Dinner Key the odds of us getting permits
and plans and everything else to do any work are more than a year away. And all
of these repairs that we're talking about have beengoneover with every representa-
tive of every pier and this is what the people that now live on the docks want.
Mr, Plummer: But you see, Vince, let me tell you where you're precluding this
Commission. You go and negotiate this stuff, now let me tell you something. I
O C T 121978
happen to know just a little and that's dangerous, a little about marinas and
things of that nature. I am appalled that you are even proposing that this be
wood. Okay?
Mr. Grimm: Mr. Plummer, these are mooring piles and you don't put mooring piles
in in anything other than wood.
Mayor Ferre: Anywhere in the world including California.
Mr. Plummer: What you're referring to is moorings.
Mayor Ferre: Well, you're a boater, you ought to know what a mooring pile i
Mr. Grimm: I'm talking about the piles that are at the end of the dock that yod
tie the boat up to. Those piles must be flexible so when the boat hits it it
doesn't tear the boat up.
Mr. Plummer: You're talking about the outside poles?
Mr. Grimm: Yes, sir, we're talking about mooring piles.
Mayor Ferre: Of course, that's what he's talking about. That's what a mooring
pile is. Look, do we need mooring piles out there? You're a user, you're out
there.
Mr. Fred Roth: My name is Fred Roth and I am the chairman of your Marina Opera-
tions Review Committee which was put together by Mr. Grassie at your instruction
as you'll recall.
ev Mayor Ferre: Mr. Roth, excuse me, just to cut through very quickly, do you recom-
mend this or not?
Mr. Roth: Yes, our committee strongly recommends it and I'd like to put it into
perspective again for those who don't yet understand. These are monies that are
coming from the fund, they cannot be used for anything else. However, our com-
mittee's recommendation is predicated on one assumption - hopefully, we assume
that in the event Dinner Key is leased out to private interests that this amount
of money would be recovered.
Mayor Ferre: I would hope so.
Mr. Roth: With all due respect, we need this repairs, we need them now, you do
have a dangerous situation and as Father Gibson said before let's get started
and do something.
Mrs. Gordon: I don't object to the repairs being done, I don't think anybody
f here...
Mr. Plummer: It's very difficult to get back in the house once you've locked
the door.
Mrs. Gordon: We just think that the negotiations are taking place have to take
this into consideration as a reimbursement for the City.
Mayor Ferre: I agree, so why don't you modify it to that extent?
Mx. Roth: Might I also make one statement if I may, please? This committee has
worked very very hard, we meet every other Tuesday night in the chambers over
here, there are dozen people, three people served on this sub -committee and made
a detailed analysis of the docks and everything that was there and we have been
told that the negotiations for leasing will be coming to the committee for review
very shortly. So we are working as we said we would, a great group of concerned
citizens giving of their time and energy...
Mayor Ferre: Thank you, Mr. Roth.
Rev. Gibson: Mr. Mayor, I would offer an amendment that we proceed with the
definite understanding and instruction that a part of the negotiation include
this money and that if we are able to get this money back that money is to be
returned and put in that fund.
Mr. Plummer: Sure.
•
OCT 121978
Mayor Ferre: All right, does the maker of the motion accept that modification?
A11 tight, Mr. Reboso accepts the modification, without further discussion then
call the roll, please, as modified.
The following resolution was introduced by CommiSsioner Reboso, who moved
its .ioption:
RESOLUTION NO, 78-641
A RESOLUTION ACCEPTING THE BID OF DOCK AND MARINE CONSTRUCTION,
INC, AND MAX HENRY LARSON, INDIVIDUALLY, IN THE AMOUNT OF
$102,127.50 FOR THE DINNER KEY MARINA AND MIAMARTNA - PILING
REPAIRS - 1978 (2ND BIDDING); WITii FUNDS ALLOCATED FROM THE
ACCOUNT ENTITLED "STADIUMS AND MARINAS 1977-78 BUDGET" IN THE
AMOUNT OF $102,127.50 TO COVER THE "ONTRACT COST; ALLOCATING
FROM SAID FUND THE AMOUNT OF :;11,234.00 TO COVER THE COST OF
PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF
$2,042.50 TO COVER THE COST 0r SUCH ITEMS AS ADVERTISING, TEST-
ING LABORATORIES, AND POSTAGE; AND AUTHORIZING THE CITY MANAGER
TO EXECUTE A CONT2ACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed
adopted by the following vote -
AYES: Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Manolo Reboso
Mayor Maurice A. Ferre
NOES: Commissioner J. L. Plummer,
ON ROLL CALL:
Mr. Plummer: For the record, I feel that it is absolutely necessary that the
work must be done and I don't appreciate doing business government by crisis, I
vote no.
Mayor Ferre: There is no crisis, we have a very serious matter before us, these
wood mooring pilings need repair, if we don't do it now it will be a year and a
half, we might have accidents and I think then you will have a crisis. To avoid
a crisis I vote es.
14. BID ACCEPTANCE - LITTLE HAVANA COMMUNITY CENTER -
BUILDING C - DEMOLITION.
Mayor Ferre: All right, we're on 12. Who was the low bidder October llth?
Mr. Grassie: Juelle Brothers, Mr. Mayor.
Mayor Ferre: How many bidders were there?
Mr. Plummer: Three.
Mayor Ferre:
Mr. Plummer:
Mr. Grassie:
Is that within the budgeted amount of what we.,,,
I think that is an interesting point to bring out, Mr. Mayor,
Yes, it is, sir.
Mr, Plummer: For some reason, I don't know why, between what we projected, we
projected the bids to come in at $52,000 and they came in at roughly 30. Either
we're over projecting or business is tough but I think it is an interesting point,
we very rarely ever see this. I think that we should in the future be more care-
ful and closer on our projections.
20
O C T 1219 78
The following resolution was introduced by Commissioner Reboso, who moved
its adoption:
RESOLUTION NO. 78=642
A RESOLUTION ACCEPTING THE BID OF JUELLE BROTHERS, INC. IN
THE AMOUNT OF $29,400.00 FOR THE LITTLE HAVANA COMMUNITY
CENTER •- BUILDING C - DEMOLITION; ALLOCATING SAID AMOUNT
FROM THE 3RD YEAR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT
FUND IN THE AMOUNT OF $29,400.00 TO COVER THE CONTRACT COST;
ALLOCATING FROM SAID FUND THE AMOUNT OF $1,300.00 TO COVER
THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE
AMOUNT OF $300.00 TO COVER THE COST OF SUCH ITEiS AS ADVER-
TISING, TESTING LABORATORIES, AND POSTAGE; AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clrk.)
Upon being secondezi by Commissioner Plummer, the resolution was
adopted by the following vote -
AYES:
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor rtanolo Reboso
Mayor Maurice A. Ferre NOES: None,
Rev. Gibson: Mr. Mayor, I'm a little disturbed that we could have a City facility
that could reach dangerous proportions under - under repaired.
Mayor Ferre: Are you talking about the marina?
Rev. Gibson: Yes. And we have money. This is appalling. We ought to keep the
facilities... Okay, I'm not goin•? to say it but I just, you know, I've got that
concern.
a •
-.i
15, STATUS REPORT ON PROPOSED COUNTY ZONING ORDINANCE
COVERING RAPID TRANSIT CORRIDOR - RECOMMENDATIONS.
Mayor Ferre: We are back on Item "A" which is a report on the proposed County
Zoning Ordinance covering Rapid Transit Corridors. Mr. Manager.
Mr. Grassie: Yes, I'd like to ask Jim Reid to review this question with you and
answer any questions, Mr. Mayor.
Mr. Jim Reid: I'm Jim Reid, Director of Planning for the City and I'm accompanied
this morning by Jack Luft who is in the Planning Department and is in charge of
planning around the transit stations and participated on the City's behalf in
several negotiations with the county with respect to the issue before us this
morning. Basically, we would like to this morning review the background, the
chronology and the definitions and issues related to the proposed County Rapid
Transit Ordinance.
Mr. Plummer: Mr. Reid, for the record, was anybody from the County Rapid Transit
invited by your office to be here for this discussion this morning?
Mr. Reid: No, they were not. It was felt by our office that the purpose of this
discussion was to solidify the City's position in terms of negotiations with the
County tomorrow, we are well aware of their staff's position.
Mr. Plummer: Well I'm glad you are because what I'm reading in the paper, sir,
doesn't tell me that they are solidified in any way shape or form and I will tell
you that for this City to take any position this morning would be just as unilateral
as what you feel they're trying to do. Now you know to me Father says that reason-
able people have to sit down and discuss matters and for us to take a postion this
morning not knowing what they feel or what their intent or what are their problems
I think myself personally would be totally out of character. Now I can tell them
in an intent what I feel but here again I have some serious problems without hearing
21 OCT 121978
both Sides of the story. Now I merely put that on the record because I feel that
there should have been someone invited to be here so that we could hear both sides
of the story. I'm sure you're going to be asking this Commission to take some
positions and as such I think we ought to have the full story. So I just put
that on the record.
t•tr.. Reid: Of course, we are not going to do this unilaterally in the sense that
one reason we wanted to bring it to the Commission was to get direction for negot-
iations that are going to take place tomorrow with the County.
Mr. Plummer: Well, who is going to do the negotiation?
Mr. Reid: Well, hopefully there would be
during the negotiations.
Mr. Plummer: Has this been invited?
Mr. Grassie: That's what we're doing right now.
Mr. Reid: Yes. it is a County meeting in terms of the negotiating meeting to',
be held at 1:30 tomorrow ....
Mr. Plummer: All right, sir.
some representation
from the CottUUnissioh
Mr. Reid: We wanted to discuss the proposed City position in the negotiations
and receive policy guidance from the commission. In terms of background the Com-
mission did support construction of the system when it adopted the Miami Compre-
hensive Plan and all ten station locations have been brought to you for approval.
You did authorize us to participate with the County in terms of a contract to do
planning around the stations and you did authorize us since July to proceed to
look at joint development opportunities around the stations so there has been a
continuous and full involvement of the commission in terms of actions on this
system to date. What we're concerned about really originated back in July and
it is discussed in the chronology of that laid out before you and it was in July
that County Commissioner Ruvin proposed an ordinance, July 18th, that we got indi-
cation from the County administration that they had major problems with the ordin-
ance in the form that it was introduced. But in September that ordinance went to
Second Reading, presumably with the administration's support. So we came to this
Commission on ....
Mr. Plummer: Sir excuse me, I appreciate who made the motion and the date that
it was made but do you mind telling me what the motion said?
Mr. Reid: The resolution of this Commission?
Mr. Plummer: No, that Commissioner Ruvin on the 18th made and was read on second
in September, what did it say?
Mr. Reid: What he proposed was basically an ordinance that would provide for
County power to construct the transit system within a Rapid Transit Zone without
approval of the City which would affect the building permit. The ordinance sug-
gested that there be a moratorium or a level, a dollar level set on construction
within the guideway of S10,000. It is suggested that all development within a
Rapid Transit Zone which is depicted on the map here as roughly anywhere to 1,500
to 2,500 feet around the station be subjected to County review. In other words
if somebody wanted to come in for a zoning change the change would first be ap-
proved by the City and then go to the County for review and then it is suggested
the creation of a guideway aesthetic zone, 750 feet on each side of the right-of-
way controlling billboards and signs in that zone. That was the contents of the
first ordinance proposed by him, we came to the Commission with a position on
September 14th that you endorse providing general support for the first section
of the ordinance to speed up construction saying that we were completely opposed
to the County regulating zoning and building within the City of Miami around the
transit stop and that we wanted the Sign Ordinance deferred.
Mrs. Gordon: You wanted the Sign Ordinance deferred you say?
Mr. Reid: The sign portion of the ordinance.
Mrs. Gordon: Deferred?
Mr. Reid; Yes.
Mrs. Gordon; Why, you would have objections to th4t?
2
OCT 121978
IIIIIIIIIIIIII■uIIIIIIIIIIuuIIIIIIIIIIiiIIIiiiiiin i■
Mr. Reid: Well, our initial resolution we brought to the Commission was really
we considered two things: (1) that we would enact and enforce an ordinance on
our own to regulate signs within the guideway zone and so that we could really
determine what the content of that ordinance would be and maintain a traditional
power of the City. And if we didn't choose to enact, of course, the County....
Mrs. Gordon: Did they specify what their guidelines would be for the signs or
not.?
Mr. Reid: They did, they specified both in the initial ordinance and the revised
ordinance what their guidelines would be. We agree with this in concept but we
do feel that it is an area in which the City has expertise and competence and
which we should act within our own boundaries.
Mrs. Gordon: Yes, but you're noL... All nigh, you don't want to give up control
of your City zoning, I understand that are you taking exception to the fact
that they're going to review what we do: Is that what you're objecting to because
that's what you said would happen:'
Mr. Reid: Well, in terms of tIle sign ordinance what we're saying is that this is
really a three part question. Part one is do we allow them to issue building per-
mits and to control zoning within the transit zone? That's the guideway itself
that the real vehicle would run on, the station area including parking lots and
the building and maintenance yards that are now located up here.
Mrs. Gordon: Is that what their ordinance says, that they would issue permits?
Mr. Reid: The ordinance says that they would issue permits in that zone to expe
dite the construction process.
r, Mrs. Gordon: Without any review by the City?
Mr. Reid: They have administratively agreed -to give us review of site plans and
we wanted that really stated as a....
Rev. Gibson: No, wc' don't want no administrative because today the administration
is favorable, tomorrow the administration tells us to go to hell. We don't want
that. We want to always be the City so we could control some of the things that
are happening to those of us who have elected, not were made, who were elected
who have elected to stay within the City Limits of the City of Miami. I want to
make sure everybody understands that.
Mr. Reid: Well, there are three parts to the ordinance and we really take a little
different position on each part. What I wanted to do was get into specifics of
that because I think there are several distinct policy issues. I wanted to give
you a little chronology. The City of Miami, Coral Gables, Hialeah and South Miami
and the Dade League of Cities have all taken steps to oppose the ordinance, there
nave been several work sessions held with the various municipalities and a revised
ordinance has been introduced by the County on First Reading and passed on October
4th and it is really our purpose today to go into a detailed discussion of that
revised ordinance because that's the subject at hand. I did pass out the revised
ordinance and I would like to review the various portions of it. First, it sets
up a Rapid Transit Zone and there are really three things we're talking about:
The Rapid Transit Zone is the guideway, the station site locations and parking
areas....
Mr. Plummer: Do we have a copy of that?
Mr. Reid: Of the ordinance itself? Yes, it was passed out this morning.
Mr. Plummer: What you're proposing is what we just got this morning.
Mr. Grassie: No, we are not proposing this, it's a County ordinance.
Mr. Reid: I'm describing the County ordinance that is now being considered by
them. It was passed on First Reading on October 4th.
Mr. Plummer: Oh, all right, thank you, sir.
Mr. Reid: And this ordinance is up for a Second Reading on the 17th and it is
our intent to discuss the City position here this morning. So the first thing it
does is it sets up a Rapid Transit Zone and contains the authority for the County
to issue building permits and zoning variances within that zone. The objective
theft is to speed up construction. It also places a limit on new construction
that private individuals can undertake in the zone once it is established, a
limit of $10,000 and this is to prevent somebody from building a new building in
the guideway that the County would have to turn around and condemn a year or two
later at a much higher acquisition price. So one part of the ordinance deals with
the Rapid Transit Zone, the second part deals with the Rapid Transit Development
lr.pact Zone and that is the shaded areas around each of the stations. You can see
that it is much larger in terms of its scope and the ordinante itself there pro-
pr.:;.- that plans regulating development in those zones be first adopted by the
rnnnicipalities and subsequently by the County. We feel that the ordinance in its
present form lacks definition, it is in an area that we do not feel the County
should be given the authority to act. The third provision of the ordinance creates
a Guideway Aesthetic Zone which is basically 300 feet on each side of the right-
of-way in which billboards would be prohibited and in which the size and the ori=
entation of signs would be regulated and this is basically so that there would be
a favorable visual impact when you're riding the subway, it wouldn't be cluttered
with billboards, backs of buildings wouldn't be painted with huge signs and that
kind of thing.
Mrs. Gordon: That prohibition is written into this ordinance?
Mr. Reid: That prohibition is written into the ordinance.
Mrs. Gordon: What page would I find that?
Mr. Reid: That begins on page 6 I believe, at the bottom of page 5. Ok, so that
is the ordinance in its current form. The issues as we see them, really five
major issues, should Dade County have the authority to issue permits for construc-
tion of the system in the Rapid Transit Zone (1).
Mayor Ferre: You don't have any problems with that, do you?
Mr. Reid: We do not have problems with that, no.
Mayor Ferre: Okay, number two?
Mr. Reid: Should capital investment be restricted in the Rapid Transit Zone
pending land acquisition, and we do not have problems with that issue.
Mayor Ferre: Wait a minute, should capital investments be restricted in the
Rapid Transit Zone pending land acquisition?
Mr. Reid: That's right, and what the ordinance does is creates this Rapid Transit
Zone and says that over a two year period nobody can put more than $10,000 into
building improvements.
Mayor Ferre: I see, well we have no problems with that, do we?
Mr. Reid: Not in the previous discussion.
Mayor Ferre: Okay, three.
Mr. Reid: The third is should Dade County control residential/commercial/indust-
rial development on county owned land within the Rapid Transit Zone.
Mayor Ferre: That we have a problem with.
Mr. Reid: That we definitely have a problem with. For example, there could be.,',
Mayor Ferre: Well, we'll get back to that. Now Four?
Mrs. Gordon: The one prior to this, would you go back to that?
Mayor Ferre: Rose, I'll tell you what I'd like really to do if it is all right
with everybody here is rattle the five issues and say just simply yes, yes, no,
no and then we're going to go back and discuss each one. Now you said no on the
third, now tell us about the fourth.
Mr. Reid: Should Miami share control of residential/commercial and industrial
development within the Rapid Transit Development Impact Zone, that's this broader
zone, and we say no.
Mayor Ferre: No, all right, five,
OCT 121978
Mr. Reid: And should Dade County regulate signs within the Guideway Aesthetic
Zone?
Mayor Ferre: And what is your position?
Mr. Reid: Our position is we agree with the
the signs.
Mayor Ferre: So the answer is no.
Mr. Reid: 4o.
Mayor Ferre: So you recommend 'yes
Rose?
Mr. Reid: Yes. The details on that are described on the next page.
Mayor Ferre: We're going t0 get into that in a moment but Rose had a question,;
Mrs. Gordon: Ok, let's go e details then, I want to hear more about i
what formed their opinion.
Mayor Ferre: All right.
Mr. Reid: Well, again on number 1 we recommended yes because we think this fast-
tracking of construction would have the benefit of reducing costs. We feel that
the overall system is beneficial to the City and with cost being an important
factor that this is important.
Mayor Ferre: Any questions on that? Ok, go ahead.
Mr. Reid: Yes on number 2 that we should restrict development in the zone, it
should not be permitted to go forward, you don't want to get into a situation
where a big building is built in the zone and you've got to acquire it at a much
higher cost later on.
Mrs. Gordon: The question is in two that you are speaking about private property
aren't you?
Mr. Reid: That's correct.
Mrs. Gordon: And you are restricting development on private property, are you
also reducing taxes on that private property during the time they restrict it?
Mr. Reid: We are suggesting that this be a county -wide ordinance, that the City
not act on this and it be a legal issue really that they have to confront. I
realize the nature of your question and the County staff attorney is working on
the language of an ordinance that they believe is feasible. They have not com-
pletely restricted construction, they have a limited amount for improvements to
$10,000 over a two year period, they have a waiver feature in the ordinance which
allows construction to go forward if OTA determines it doesn't hurt the system so
to speak. So it isn't a complete limitation and we realize that there are taking
issues and constitutional problems with this but Dade County has agreed to take it
on and we think it is a basically a sound idea.
Mrs. Gordon: Well, what you're really saying is you're going to let them carry
this hot potato but that still doesn't make it let's say a reasonable position for
persons who are owning property and in some cases paying a great amount of money
in taxes. You know there are two sides to every coin. I agree that yes, you have
to try to keep the cost of acquisition down and you do want to try to bring about
a condition that you can afford to purchase the property, however, what time ele-
ment is there for the acquisition of these properties in that zoned area?
Mr. Reid: Within a three year period I believe they intend to complete total ac-
quisition.
Mrs. Gordon: Well, before could take a position being in favor of....
Mr, Reid: I stand corrected on that, it is six months to two years.
Mrs. Gordon; I couldn't accept a long period of time for a moratorium because that's
exactly what you're discussing here unless there was a very sharp cut-off period
of acquisition of these properties.
25
OCT 121978
'..: . Rei'i:
fast as css .,,_ in thr.
Mrs. G r=i
Mr Re i
Mrs ;stio.^: And T have `.r'r 1
going to say ei-' i, f.13i: i'ram +r,
iris devel pren`. '.r. i:r7'J•:4e ,r,,jy
of the 'property of 0 t /, is
Mayor Ferre
Mr. kei.'li +ht rc'
ing that i:;t•, .irroint
Mayor, P„rte: '1.hnt 'r: t,,
here, and I think Mr. r, ,r : ;
from doing ::otroohing with his -;
point that You know, rl.'.. i _.,ink under
called (1) r.iur; I,rr,r:ess and sr,oSndlY
tir. Reid: It_'1; '.akin; clause,.
•
tnia
as
_` e re _: cc cn retort
,.._ _tt treclude strebedy
ta'. ^:ir-. : -ear there is a renal
L of .._s co.intr- that's
isYcalie:. o_.,fis_aticn without compensation,
Mayor Ferre: Youcan't take so lethirg fror Este O in this country and not cor,"
pensate hire for it, or her.
Mr. Reid: What I think has happened in one :art of the system outside of Hialeah
there was a very major warehouse constructed where the proposed yards were.
Mayor Ferre: Fine, then, buy the property quickly but I don't think you should say,
"Well, you're going to have to wait two years, pay taxes for twc years, not have
your money", you know that happens in other countries but it shouldn't happen in
this country.
Mr. Reid: Well, we agree: with the intent of fast -tracking the acquisition and
I guess that is the general position we're trying to support realizing that there
are legal issues here.
Mayor Ferre: You're talking about apples, we're talking about oranges. Now you
know let's talk about oranges. The point is that with regards to capital invest-
ment on development within Rapid Transit Zone should be restricted by Dade County,
you should put a comma, provided that that person is justly compensated. Now if
you add those four words I think you'll have a unanimous Commission voting on it
and if you don't I agree with Pose Gordon - comma, provided justly compensated.
That means reduction of taxes, I don't care what you do.
Mrs. Gordon: They have to receive some compensation for that restriction.
Mr. Reid: Well, as I say we certainly can take that to the County as the Commis-
sion's position. The compensation issue should be addressed.
Mr. Plummer: (INAUDIBLE)
Mr. Reid: Pardon me?
Mr. Plummer: I have a problem with your wording. You Say i can a taken as the`
position.
Mayor Ferre: No, what he means is will.
Mr. Plummer: That's what I want to make sure.
Mr. Reid: If it is the position of the Commission i
as our position.
Mayor Ferre: You understand that the City of Miami Commission Sets policy here,
that's what Plummer is trying to clarify?
Mr. Reid: Certainly, and we're very clear on that.
will be taken to the County
Mayor Ferre: All right, can we go to Item 3? Miami should continue to regulate
non -transit development within the Rapid Transit Zone based on approved SADD plans.
Now what is SADD plans?
OCT 121978
what you're doing is you're
Do you follow me?
Mr. Reid: SADD is a bureaucratic term for the station area design and development
plans.
Mayor Ferre: Would you tell me what in the world that is?
Mr. Plummer: That's a long sad.
Mr. Reid: What it basically is, that we have a contract
Mayor Ferre: No, just tell me what SADD is.
Mr. Reid: SADD is the planning process that is now going on around the ten stain`
tions within the City to decide what the impact of those stations....
Mayor Ferre: Is that federal guidelines? IF that state guidelines?
Mr. Reid: It is a federally funded program through Dade County that we're under
contract to conduct. So the City of Mimi is doing the planning. Jack Luft is
working on it and his staff.
Mayor Ferre: Dick, no, I'm not questioning that, of course. I'm going to ask
you a question, is :his is the procedure that is followed but what I'm trying,
let me say what the bottom line where I'm going is. This is not a Mickey Mouse
way to get some, kind of minimum standards which, in fact, replaces zoning? You
know you can skin cats many ways you don't have to use....
Mr. Fosmoen: It's a detailed comprehensive plan around each of the stations and
then zoning controls and development controls will be adopted based on those
guidelines.
Mayor Ferre: That's not my question. My question is you know a Rose is a Rose
is a Rose and the point simply is that we're not, you know a lot of people simpli-
fy things and I see it in the newspapers everyday with the way Fidel Castro or
somebody else, they just change the name of something and then they say, "Well,
now it's Ok, you know". Well, the fact is that if you don't call it zoning but
you call it the Master Plan and you say these are minimum standards, in effect,
controlling the zoning, I don't care what you call it.
Mr. Reid: Yes, I do and the plans that we're talking about here are plans that
we would bring to the City Commission for approval in terms of regulating develop-
ment.
Mayor Ferre: So in other words what you're saying is that the County is not going
to superimpose upon us minimum standards, for example, that would say in the Coco-
nut Grove Station you will have a density of no less than a 10 floor building.
Okay? And then, of course, you know we have zoning but we have to put up a 10-
story building.
Mr. Fosmoen: No, our whole point, Mr. Mayor, is that this Commission adopt those
station area plans and not the County so that they are adopted by this Commission.
Mr. Reid: Exactly.
Mr. Grassie: But we need to be clear that that is not agreed to by the County
at this point.
Mayor Ferre: I understand.
Mr. Grassie: And we have to make that argument with them.
Mr. Plummer: Well, the argument has to be made if they're paying us to do it
and they are proposing an ordinance that is going to supersede us why pay us to
do it?
Mr. Reid: That's a question we've been pondering.
Mr. Fosmoen: We don't have an answer to that one either.
Mr. Plummer: I mean isn't that really a conflict within itself? They're paying
us to do it, and I understand the only reason they're paying us to do it is be,-
cause they have to, but yet they're proposing, to turn around and take that control
away from us,
OCT 121978
Mayor Ferre: Mr. Manager, can I ask Jack Luft a question?
Mr. Grassie: well, I don't believe that they really have to, for example, they
could hire a consulting firm to do the work that we're doing.
Mr. Fosmoen: They don't have to use us to do it.
Mayor Ferre: Mr. Manager, can I ask through you Jack, Jack, you're been attehd.,
ing these meetings, haven't you?
Mr. Jack Luft: Yes, sir.
Mayor Ferre: All right, now you and I talked at one point about the concern that
Reg Walters went out very far on the limb and basically specifically stated on
the record - I don't care what John Dyer says that he was very much against Reg
Walters' statement - that in effect, the County was going to control the zoning
in those areas. Now you know that's a hour's conversation distilled into
two sentences. Now in addition to that our concern is that the County Attorney's
Office, and they've got a lot of very sharp lawyers over there, are writing this
thing but they're not using they word zoning but they're circumventing it and the
end affect is going to be the same. Now that's what Jack Block was all upset about.
Now, my question to you then based on those two things is if we say our position
is #3 as recommended, will that solve the problem? Miami should continue to regu-
late non -transit development within the Rapid Transit Zone based on approved SADD
Plans, does that solve our problem?
Mr. Luft: Yes, so long as the County understands that it is solely the City that
will regulate it. They are trying to suggest that they want to form a partner-
ship with the City to regulate it and we have tried to make it clear to them we're
not interested in a partnership, we want....
Mr. Plummer: I don't even read it, Jack, excuse me as a partnership. A partner-
ship is 50-50 and they're proposing that they have the last word. That's not a
partnership.
Mr. Luft: Well Ok, 60-40 partnership.
Mr. Plummer: It's 51-49.
Mrs. Gordon: Will you explain, Jack, to me what is behind this? What is really
the crux of it?
Mr. Luft: Why is the County doing this?
Mrs. Gordon: Yes, what is the goal, what are the objectives?
Mr. Luft: The County is, as they see it, spending a billion dollars to build a
transit system and they want to make sure that the development around their sta-
tions doesn't conflict with the operation or the ultimate goals of those stations.
Mrs. Gordon: Do we want it to conflict? No.
Mr. Luft: No, we don't.
Mrs. Gordon: Of course not. Are they going to
the way it would operate?
INAUDIBLE
Mr. Luft: Yes, they have suggested they would like to set a minimum standard
and that standard would be these SADD Plans and then they further said that they
would reserve the right to amend those plans at some point in the future.
Mr. Plummer: It's called the Domino Theory, once they get the right to....
Mrs. Gordon: You explained once before what SADD was but I didn't get it, what
does S.A.D.D. stand for?
Mr. Luft: Station Area Design & Development. It merely means that we are taking
an area of some couple of thousand feet around each of the stations in the City
and we're trying to provide plans that will anticipate the pressures for redevelop-
ment that will occur around those stations and....
Mrs, Gordon: And who is doing that SADD, we are?
26 OCT 121978
Mr. Luft: We are, we are doing it under contract to made County
funneling federal moneys to the City of Miami, the CiLy of Coral
South Miami and the City of Hialeah to do this.
Mts. Gordon: Well, we are willing to stay within the framework
inrl is acceptable and they agree that it is an acceptable plan,
big hang-up?
who is in effect
Gables, City of
of what we're say
then where is our
Mr. Luft: Well, that's what I asked them but Mr. Walters pointedly observed that
cities are very prone to political pressures from local residents and, of course,
they are a bigger entity and they might not be so prone to pressures by the locals
around a given station.
Meyer Ferre: There you have it. Let's translate that into Miami English, all
right? What that means is this: If the people of Coconut Grove object to a ten
story office building and commercial area being put up on the station that will
service Coconut Grove and they come to the City of Miami Commission and put pres-
sure on this Commission that that big building not be put up there they feel fairly
confident that this Commission as in the cast, not all the time but most of the
time will go along with the people of Coconut Grove. If, however, the County has
the final authority how much muscle do you think the people of Coconut Grove have
on telling the County, "Hey, we don't want a ten story building in Coconut Grove"?
That's what this i:- all about.
Mrs. Gordon: Ok, the next question about the SADD Plan, are they going to be
approved by this Commission?
Mr. Reid: That's correct, they would be brought to this Commission for approVal.'
Rev. Gibson: And who has the final word?
Mr. Reid: We're proposing that this Commission have the final word.
Rev. Gibson: What are they proposing?
Mr. Reid: They're proposing that this Commission act and that the county sub-
sequently act.
Rev. Gibson: Oh no! You know what I said earlier, you know was a lot in what I
the word go. Okay? I said it at the very first and here we spent
you know, it's finally coming out.
said right at
all this time
Mr. Reid: We are opposed to that section of the County ordinance clearly.
Mayor Ferre: So I would image then that our position is backing the administration
in that.
•
Rev. Gibson: Right.
Mayor Ferre: So can we move onto Item 4?
Mr. Reid: Item 4 is the same issue but in a broader Transit Impact Zone, that
Miami should continue to regulate development.
Mayor Ferre: That's even more difficult because that's where Mr. Plummer is point-
ing out that that is the beginning, that it sets a precedent. Number 4 is what
you're talking about where it sets precedents.
Mr. Plummer: Mr. Mayor, to me it is written all over it.
Mayor Ferre: Ok. Then #5, is everybody Ok on #4 with the administration's recom-
mendation?
Rev. Gibson: I could go with 5.
Mayor Ferre: And #5 is Miami should enact and enforce a Guideway Aesthetic Zone.
What we're talking about is the autonomy of the City of Miami with regards to
setting our own Master Plan and zoning. So, Mr. Manager, to sum it up it would
assume that you, Mr. Fosmoen and everybody are in complete concurrence with what
has been stated here and this is our position.
Mr. Grassie: That is correct. We will recommend to the City Commission that you
take a yes position on Items 1 and 2 and that you take a no position on items 3,
4 and 5, the no position being that you feel that the City of Miami should continue
to regulate both the planning and the permitting in areas which are not strictly
used for the guideway system itself.
OCT 121978
Rev. Gibson: I trove, Mr: Mayor.
Mayot 'ette: M.1 tight, Father Gibson stoves, is thete a sedonc
second?
Mr. Plummer: What was the motion? (INAUDIBLE)
Mayot Ferre: Proposed City position Item #5 that the five positions outlined
that we've been discussing for half an hour be adopted as the City's policy:
Mr. Fosmoen: ... 3, 4 and 5.
Mayor Ferre: Well, that's why if we all stick together on these things we can
get through them a lot quicker. We're now on Item 5, proposed City position,
if you'll turn it over, and we've been discussing it for a half an hour and what
we're saying is that the City's policy will be the adopting of the recommendation
of the Manager on Items 1 through 5.
Mrs. Gordon: All right, now I have, you see first of all on #2 we have an addi-
tion to it, has that been included in there?
Mayor Ferre: As modified, yes it is.
Mrs. Gordon: And if it is let me hear how it is being included.
Mayor Ferre: ", provided justly compensated."
Mrs. Gordon: Well, property owners ought to be in there somewhere, Maurice.'
Mayor Ferre: All right, "Provided owners are justly compensated."
Mrs. Gordon: Okay. Now on #3 I can't fault it if, in fact, we're designing the
SADD Plans and I think it is predicated on that, you know, as a part of it. Of
course, it says so but that's my reason for not objecting to that. Then #4,
"Should continue to regulate in the Rapid Transit Development Impact Zone" is
basically the same as 03 isn't it?
Mr. Reid: Yes, they're just applied to two different geographical areas, the
first applies to the station itself and the second applies to the broader develop-
ment impact zone.
Mrs. Gordon: Well, on the other hand you say here and 4, County can review and
comment, they can review and comment #3 too for that matter.
Mr. Reid: Certainly. One thing we're concerned about is not having the opportun-
ity to have input in what the City was doing and we just put that sentence in
there to cover that concern.
Mrs. Gordon: And #5, I want more explanation on #5.
Mr. Reid: Basically, the County has proposed that they enact and establish a
guideway aesthetic zone, that is a zone if you follow the transit right-of-way,
the 20 mile right -or -way.
Mrs. Gordon: Yes, I know. Okay.
Mr. Reid: It would be 350' on either side of the edge of the right-of-way. The
right-of-way itself is about 70' and within that zone (1) no billboards would be
permitted, also within that zone signs would be regulated with respect to their
size and their orientation towards the transit system. And what we're saying is
basically that that is a good idea but sign control is a power traditionally
exercised by the City, we should enact our own ordinance that does that or does
something like it. The County's ordinance does include on page 7 a provision
that if municipalities enact equivalent ordinances that their ordinance shall be
enforced by them and take affect. We feel that we ought to really have the right
to enact our own ordinance.
Mrs. Gordon: Ok. I have two sides, two hats. I feel, you know I am basically
interested in the City's controlling the properties within the City's jurisdiction,
however, I do not think that we can totally remove ourselves from a coordinated
effort which is what I see nember 5 as being somehow or another a rebellion against
the coordinated effort. Now tell me if I'm wrong.
to
OCT 121978
Mr. Reid: Well, I don't think it is a rebellion I ':i::.:.k it is a feeling that we
can exercise this control in a justifiable way...
Mis. Gordon: Yes, but maybe we're not going to have the same points of view as
the rest of the 20 mile zone and suppose not this Commission but some other were
here who wanted to see these glorious billboards with the Copper Tone Kid, you
know and all this and that.
Mr. Reid: We've been talking to the cities on this issue, Hialeah, South Miami,
Coral Gables and they're all in agreement that they want to act also on this issue
and we do feel that if the City did not act to protect the guideway that the County
should take some action.
Mrs. Gordon: Well, if they set up minimum guidelines and we adhere to those min-
imum guidelines then I can't find any fault with this and I'm assuming that that
is what you're talking about here in number 5, is that correct?
Mayor Ferre: Not only can you assume that correctly, but also that's exactly
what the County is going to do because they're not about to as they say spend a
billion dollars and relinquish cc-)_)letely the setting of minimum standards. What
I think we're arguing here is that we don't mind them setting minimum standards
provided, however, the minimum standards don't take the place of zoning and regu-
lations.
Mr. Plummer: Well you know, Mr. Mayor, let me tell you something, somewhere I'm
losing something. I'm reading from a document which was given to me this morning.
(INAUDIBLE COMMENT BY MAYOR FERRE) I understand that. Agenda Item #4 of the
County Commission, and Mr. Reid, I call your attention, sir, on page 5, Section
33C-3. Now what you're proposing or what you're indicating here this morning is
not what I read in what the County is proposing. Now, as I read here, sir, it
says upon adoption of minimum standards....
Mayor Ferre: Of course not, 34 L., that's exactly the point that the County is
recommending that and Reid is recommending something different.
Mr. Plummer: No, what he is purporting to this Commission as what is the County's
position is not what I read here, sir.
Mr. Reid: I thought that i had closely laid out what the County Commission is
and....
Mr. Plummer: Well, sir, I read here, and if this is the, in fact, ordinance it
says upon adoption - that is that which you are preparing - each land use plan
prepared pursuant to the station area design and development program shall consti-
tute the minimum standards for development within the district to be applied by
the municipality if any and the County I assume if not.
Mr. Reid: You have to read the preceding sentence which says that adoption first
by the municipalities....
Mr. Plummer: Where are you reading from?
Mr. Reid: The sentence above the one that you started
paragraph.
Mr. Plummer: Yes.
Mr. Reid: Adoption first by the municipalities with regard to such land located"
within the municipal boundaries and subsequently by the Board of County Commis-
sioners.
Mr. Plummer: Fine.
Mr. Reid: So the way we read that is that a plan is not valid until it is adopted
first by us and then by them. There is no question as to whether they can modify
it and what the processes are.
Mr. Plummer: But I don't read here, sir, that this gives them the last right.
Rev. Gibson: Yes, but J. L., what he is saying is that we'll give them the last
right.
Mr. Plummer; Well, Father, let me tell you something, you know if you read from
the minutes of their meeting, ok, and referring to the guideways and this and
Mr. Dyer in the minutes indicates that Section 33C-3,33C-4, 33A-5, D-9, that all
31 OCT 121978
of these are not necessary to be done at this present time to proceed.
Mr. Reid: That's exactly right and that's what was said to the municipalities at
a meeting with several of the County Commissioners at Eastern Airlines and we
frankly don't understand why these other sections are being put forward at this
time. We disagree with the contents.... (INAUDIBLE COMMENTS MADE OFF THE PUBLIC
RECORD) As we understood it the County was going to go forward with the first
part of this ordinance which we feel should be modified but we you know very
,nh,r,r basic problems with. We do have major•problems with the Transit Development
Impact Zone as written. In fact, we feel that Miami should continue to control
these kinds of. things.
Mr. Fosmoen: Commissioner, the point is that Dyer did say those things at the
meeting but here they are back on for a Second Reading. We don't understand what
the County is trying to do, we get very nervous when that kind of thing happens.
Mayor Ferre: According to the Miami Heald for the first time they're beginning
to agree with us that you ought to be very rervous.
Mr. Fosmoen: Our reading of the ordinance is that the County would have the last
say on what's the minimum star.rd around those stations.
Mr. Plummer: That isn't the way I read it but I'm not a lawyer. The way I read
Section 33C-3, it says here that the Station Area Design and Development Program
authorized by Dade County, Resolution (blah-blah) prepared by the municipalities
and Dade County shall provide the standards for development within the Rapid Tran-
sit Development Impact Zone upon adoption first by the municipalities with regard
to such land located within the municipal boundaries and subsequently by the Board
of County Commissioners.
Mr. Fosmoen: Right, and that means that you could adopt it, the County Commission
subsequently amend it and it becomes their plan, it becomes their minimum stand-
ards.
Mrs. Gordon: I don't read it that they can amend it though, Dick, I read it that,
they can reject it but I don't read it as a matter for amendment.
Mr. Fosmoen: Read the last sentence, Commissioner.
Mr. Plummer: The ordinance adopting such plan such plan shall also contain pro-
visions for the orderly administration of the district and a method for reasonable
and timely amendments thereto which is a scattergun.
Mr. Fosmoen: Yes, sir, it is not very clear. The is the first effort of the
County in my opinion to take on zoning itself and I would like clearer language
than that.
Mr. Plummer: I don't di:3agree but you know, look, you're writing a whole lot of
words here in my estimF.tion when we really want to tell them one thing. Okay?
That one thing is very simple - you the County shall not usurp the authority of
the City. Hey, what they wrote is fine, what we write is what we write. Now you
can go and you can take 4,000 volumes to say the same thing and I don't think it
is necessary. Just tell them if they want to buy a lawsuit, you know, usurp our
authority.
Mayor Ferre: Yes, but that really doesn't solve anything for now and I think
what we need to do frankly is to push ahead, pass the resolution now of intent
that this is our policy as amended by Rose and then move on to Item "B". Is there
anything else you want to talk about?
Mr, Plummer: Once again for the record I will indicate that I think this is being
done in a very poor manner, we have nobody here from the County. You know these
people are standing here from our department telling us they don't understand what
is going on yet they want us to force ahead. There is only way I know to find out
what is going on and what their intent is and that's to ask them.
Mayor Ferre: Mr. Plummer, this is a legislative body called the City of Miami
Commission. They are a legislative body called the Metropolitan Dade County Com-
mission. When the State of Florida Legislature wants something from the United
States Congress the State of Florida Legislature goes to the United States Con-
gress at their hearings to testify what the State Legislature's position is. Now
the point is that they have given us what it is that they're asking and our
staff has brought it to us and we're objecting to two out of the five items.
What in effect we're doing here is setting a policy, I would invite you and any-
body else on this Commission to come with me and the Manager and whoever else
32
OCT 121978
wants to to and I think it is at the Manager's level tc cc before the County Cot-
mission when that legislative body takes up and say, "Hey, this governmental entity
and this adtinistration and this legislative body feels this way about it." But
the proper forum for that is there and ....
Mr. Plummer: INAUDIBLE
Mayor Ferre: Precisely, so let's vote on this and fight it where we should be
fighting it which at the County Commission level when it comes up for public hear
ing.
Mr. Plummer: If there is a fight.
Mayor Ferre: And I think there is concern on our part.
Mr. Plummer: Maurice, if they have the authority presently under Home Chatter'
to do this that's one thing. Okay? They can do it regardless of how much 'we
fight it.
Mayor Ferre: It all depends on who you talk to.
Mr. Plummer: If they don't have that authority that's a different ball game.
Mayor Ferre: That's like saying that you want to go to a court of law before you
have an administrative remedy and what I'm saying is before we go to a court of
law I think it is always proper to go before the last source of remedy which is
the County Commission and say, "Ladies and gentlemen, this is where we are" and
perhaps we might be able to do this by presenting our position and they would put
it to a vote and we'll see what happens. If that doesn't happen then I agree
with you that we may somewhere along the line have to take this to court. Now I
could like to tell you that it is the opinion of some lawyers namely Dan Paul and
others that the Metropolitan Dade County Charter gives them that right. Now that
has never been challenged in court so I don't know that it does or it doesn't.
As a matter of fact, it might not be a bad idea, George, for you to start doing
some preliminary review of. the Charter as to whether or not they in effect have
the right to superimpose on cities what they would call not zoning but minimum
requirements or standards as it relates to zoning. Now, can we vote on this?
Do we have a motion, Madam Clerk?
Ms. Hirai: The motion would be to follow the administration's recommendations...
Mayor Ferre: Yes, as amended by Mrs. Gordon on Item 2....
Mrs. Gordon: 2 and also on 5 providing the Guideway Aesthetic Zone adheres to
the minimum guidelines.
i Mayor Ferre: All right, without further discussion then call the roll.
The following motion was introduced by Commissioner Gibson who moved
its adoption:
MOTION NO. 78-643
A MOTION ADOPTING THE ADMINISTRATION'S RECOMMENDATIONS IN CON-
NECTION WITH ISSUES NO. 1 THRU 5 AS OUTLINED IN THE ADMINISTRA-
TION'S "SUMMARY REPORT ON STATUS OF PROPOSED COUNTY ORDINANCE
COVERING THE RAPID TRANSIT CORRIDOR", PRESENTED TO THE CITY
COMMISSION ON THIS DATE AS FOLLOWS:
(1) DADE COUNTY SHOULD BE ALLOWED "FAST -TRACK" CONSTRUCTION
AND ISSUE TRANSIT SYSTEM PERMITS IN THE RAPID TRANSIT
ZONE - MIAMI WOULD CONTINUE TO REVIEW STATION DESIGN PLANS.
(2) CAPITAL INVESTMENT AND DEVELOPMENT WITHIN THE RAPID
TRANSIT ZONE SHOULD BE RESTRICTED BY DADE COUNTY, PRO-
VIDED PROPERTY OWNERS ARE JUSTLY COMPENSATED.
(3) MIAMI SHOULD CONTINUE TO REGULATE NON -TRANSIT DEVELOPMENT
WITHIN THE RAPID TRANSIT ZONE BASED ON APPROVED S.A.D.D.
PLANS.
(4) MIAMI SHOULD CONTINUE TO REGULATE DEVELOPMENT IN THE
RAPID TRANSIT DEVELOPMENT IMPACT ZONE -(COUNTY CAN REVIEW
AND COMMENT).
(Ppnt'd next page)
33
OCT 121978
(5)
MIAMI SHOULD ENACT AlvZ) 8 G3IDEWAY AESTHETIC Q{NOEs, !.
PROVIDED THAT T8F GUIDEWAY AESTHETIC ZONE AD8GRE TO MIN�
br1-jrj,j se(_onded by Commissioner Gordon, thr, motion was passed and
arl*pLed by the f61Iowihq vnLe-
AyES ()xmniosiomez Rose Gordon
Cbnmuiosioner J. L. P|uxomer^ Jr.
Commissioner (Rev.) Theodore Gibsoo
Vice -Mayor Mmnoln Reboso
' Mayor Maurice A. Fetre
N0j-:Sa None"
ON ROLL CALL:
Mr. Plummer: I reluctantly vote yes becuase we've only beard
but let's go ahead with our side and seewball happens.
Mayor Ferre: ?�o* what's left of this item, Nlr. Reid, is Item 6 and 7 which is
what needs to be done now. to make sure that we all understand what the
next steps are. Receive DrIiuy guidance toda,Y, we^ve done that. Seek modifica-
tions on transit dp%clnpmeut- uonp and tabling the remainder of the ordinance, that
is to be done an--' T would appreciate, Mr' Bei.\ and Mr' Luft, through the Manager,
that each membcr of the commission be advised in writing and by telephone and I
want you to mark the date and the, hour that you talk to the appropriate assistant
or secretary no that we know that every member of the Commission has been told as
to when this is coming up before the County commission so they can be present if
they so wish' Okay? Mr' Manager?
Mr. Plummer: You'd better put it on record right now of when the meeting is
one side of the story
Mr. Reid: The meeting tomorrow is at lt30 on the 14th floor of the County Court -
Mayor Ferre: On this item.,,
Mr. Reid: on this item.
'�
Mayor Ferce; would you please so inform �ice�|`�"/ my
Mr' Reid: Certainly'
Mayor Ferre; All right, establish policy - and would you talk to Peggy in my
office so you'll know exactly who to talk to - establish policy which provides
for Dade County staff review and comment on proposed development within the BapidTransit, we've already done that haven't we?
,
Mr. Reid: it was suggested earlier and the people did not see a problem with
Mayor Ferre: What's that?
Mr. Reid: Yes, it was discussed earlier and nobody, it seemed to be the consensus
of the Commission that that was a reasonable thing to do.
Mayor Ferre: I didn't follow that, what's he saying?
Mr. Grassie: I think he's saying yes.
Mayor Ferre: What?
Mr. Graosie: He's saying yes._
Mc, Reid: Yen'
Mayor Ferro: Well, it is such o simple word, it's spelled y-e-o. Sp the answer.
is yes. Is that rig1,.11? This is on item 6, what needs to be done and I'm going
down the check list. (4) Develop and enact u Miami ordinance regulating signs in
the Guideway Aesthetic Zone, when will that be done?
Mr. Reid: I believe it will take, December it could be brought back.
Mayor Ferro: �ow. is cba a�ndsisrra�ior cn�mittioq itself that by the e/x] ofDecember or at the latest the first of January will have for us a Guideway Aesthetic
-
7,,one regulation for signs. Is that correct, Mr. Manager, on the
Mr. Grassie:
Mayor Ferre:
done later:
Tmpact Zone.
Yes, sir.
record?
All right. Now, on the next page which is item 7, what needs to be
Enact interim zoning controls covering Rapid Transit Development
Well, when is later?
Mr. Reid: We assume that that again would be December or
the issue here is that development should be regulated in
have full plans for these transportation areas so that we
opment around the station sites.
January and basically
the interim before we
don't get unwanted devel-
Mayor Ferre: Mr. Reid, are you saying that by January you will have this done?
Mr. Reid: By January we will have the ordinance prepared, yes.
Mayor Ferre: All right, thank you. Mr. Manager, that is a commitment from the
administration, is that correct?
Mr. Grassie: Yes, sir.
Mayor Ferre: A11 right, next thing: review station area development concept;
plans and provide guidance.
Mr. Reid: The Station Area Design Program that we talked about is three stages
and one is a report on what happens in the station today and the trends. The
secerd is a development concept plan that talks about different development fut-
ure for the station and the third report is the plan itself. We want to transmit
the first report as they are availble, we want to discuss the development concepts
when those are formulated and, of course, we want to bring the final plans to this
Commission.
Mayor Ferre: All right, would you tell us the benchmark dates on that?
Mr. Reid: In March for the concept plans and the full range of station plans
about a year later and they will be brought to the Commission as they are com-
pleted:
Mayor Ferre: March of 79 and the other one is March of 80.
Mr. Reid; Yes.
Mayor Ferre: All right, any questions on that? And the last thing, review and
adopt station area development plans, what is the target date on the beginning
of that process?
Mr. Reid: In March of 1980, that was the second item, in other words the concept
plans will be brought to you this spring, the detail plans the following spring.
Mayor Ferre: Very good. Now, Mr. Reid, would you confirm all of this in writing
on a one page memo and try to use brief words like yes, no, to be done March, 1978,
submitted December, etc.
Mr. Reid: We have one additional comment.
Mr. Luft: I should add that the timetable is a projected one given to us by
Dade County, their timetables have been known to slip in the past, that's the
best estimate we can give you now.
Mayor Ferre: And naturally I assume that they will be changed in the future and
as they're changed I would hope that you would so advise us that we won't get it
in December that it will be February, that it won't be March of 1979 but you know
May and that kind of stuff. But in the meantime, would you just on a one page
memo tell us what we've done today so that we'll have it for the record?
Mr. Reid: Certainly.
Mayor Ferre: Any further questions?
OCT 121978
Mr. Plutniner: Mr. Mayor, whether you want to incorporate it in this or incorporate
i�. in another motion I would like to see that this Commission instruct the City
Manager to appear on the 17th when this ordinance is going to be considered to
remind them that these items have been agreed upon to be deleted as not needed at
the present time which will allow some breathing room and to pass the ordinance
without those provisions which are controversial and we've already agreed they're
not neces::ary.
Mriyot Ferre: Ok, do you want to do it in a motion or you just want to tell....
Mr. Plummer: Well, you can add it to the present motion I think or_howe ter you
want but it should be done.
Mayor Ferre: Does anybody have any objections to that? All right, hearing none
then let that be incorporated, Madam Clark, .-,to the main motion. Anything else?
All right, thank you very much, Mr.
16. TRADE FAIR OF -:1E AMERICAS - "EXPORT - 79";
AUTHORIZE CITY MANAGER TO DEVELOP & EXECUTE AGREEMENT
WITH EVELIO LEY & ASSOCIATES.
Mayor Ferre: We're now on Item B which is status of the planning for the Trade
Fair of the Americas "Export. 79".
Mr. Grassie: I would like to have Mr. Crumpton introduce this and then we'll have
comments from Mr. Ley.
Mr. Charles Crumpton: Mr. Mayor and Commissioners, the Trade Fair of the Americas
"Export 79" which will take place in July of 79 is the second half of the cycle of
the import-export trade fairs that began, really began back in December of 75 as
a culmination out of the Bicentennial Journey to Caracas and Bogota. It culminated,
the first half of the cycle culminated into the Trade Fair of the Americas "Import
78" which just concluded in March of 78 at the Expo Center. The other half of
this wheel of trade, the export facet which is the use of U.S. goods as exhibitors
and the foreign buyer as the purchaser is the second half of ti.is cycle. One of
the major objectives of the Trade Fair, of course, has been to establish Miami as
the hub of this wheel of trade and we know the short term and the long term bene-
fits, the short term of our past fair brought in somewhere in the neighborhood of
three million to three and a half million dollars spent in the area, during the
days of the fair we anticipate somewhere in the neighborhood of three and a half
million on the short term being spent during the ten days that the fair will take
place in July of 79. That would be in this area. Long range we're looking as we
have been that the Miami area will be the focus in National and International cir-
cles and give the exposure to this area in reaching its longer term goal as the
center of finance and commerce for this hemisphere. The details of the proposal
are in your packet that is before you that we would be asking you to approve. We
want the City to reaffirm the Trade Fair of the Americas as an official City pro-
ject and be the major sponsor. The coordinator's proposal is before you, when we
draft the final agreement we will incorporate those elements that are necessary
to precise it, it will be based upon the perimeters that are before you. The City
as a major sponsor would obligate itself not to exceed $200,000, the City would
also establish a reimbursable fund of $350,000 to establish the front money for
this particular fair so that it can continue on. We would be able to borrow that
from an existing fund as we did last year on a loan basis and return it to that
after the conclusion of the fair when all the revenues are in and we would ask you
to establish as we had last year a Trade Fair of the Americas "Export 79" Trust
and Agency Fund into which all revenues would go and from which all dispersements
would come for the fair. The fair for 79 has been in process, planning is there,
the status as we have talked with the U.S. Department of Commerce, they are in
accord with the product arrangement and have alerted all of their offices in Wash-
ington and in the countries of Central and South America to give us all the aid
that they need and have opener the doors to us. In the review of the proposal we
would, the fee for the coordinator would be based upon the income that would come
from the non -grant areas and which would not exceed the $625,000 and anything beyond
that would help to reduce the City's involvement in dollars, this is the way we
would place that in the final agreement.
Mr. Plummer: Mr. Mayor, I went into this in great depth, Charlie, you know Father
Gibson makes a statement that says that black and white don't lie especially when
it is reduced to writing. Now one of the things that you and I spoke about in
36
OCT 121978
this thing has been changed. That's on page -' in Se:`_ior. 2, "Responsibilities
of the City of Miami", number 2, Mr. Mayor, the former wording had beer "The
City of Miami will contribute". Contribute means an outright gift of $200,000
to the project, I suggested and it has been done that the City will obligate
itself to a maximum. Now let me go on, I have to build up to this. Now, Mr.
Mayor, it was felt by me that if Mr. Ley is the one who is going to make this
thing he is entitled to a profit but I don't think it should exclude the City's
right if it is a huge success to reduce its obligation of the $200,000. Now
Mr. Crumpton, you and I spoke before, sir.
Mr. Crumpton: That's right, I did not have an opportunity to get those particular
items in your Item 42 on your last page and why I'm placing it on the record now
that in the final agreement that we will incorporate that and that's why in the
resolution we have that the agreement would be in substantial compliance with
what is in writing at the moment and we would add those particular items in....
Mr. Grassie: ... specify what the item:, are.
Mr. Plummer: Mr. Crumpton, well let me tell you, Mr. Mayor, what I drove home.
I think the City should have a way if possible to reduce its obligation. All
right? Now, it was somewha`. 1 guess I can use the terminology "agreed upon" by
staff and Mr. Ley that he would have a maximum of what he would derive his 15%
from, that maximum :.s $625,000. He will not derive 15% or his percentage of any
of the public grants. From that point on of the next $625,000 from the public
sector he would derive 15% or a maximum I think of $95,000 if that's the figure.
Anything beyond that would go to reduce the City's obligation. Let me give you
an example, and I love Charlie Crumpton because he's just as conservative as I
am. They have not, for example, used in the revenue portions the possibility of
an additional 28,000 feet under a tent which we hope if it is successful will be
utilized. (INAUDIBLE COMMENT) Yes. Now, an additional 28,000 feet is not in
their projections of revenue, could bring in another $200,000 and conceivably
cost the City nothing. Now I'm not saying, there's two ways that the City could
be in a reduced posture of its $200,000 obligation, (1) ultra -conservative Charlie
Crumpton making sure that operational cost is kept in its proper perspective,
(2) that this thing exceed the $625,000 by (1) utilizing the tent for an addi-
tional 28,000 and if that were to be used we conceivably could be off the hook
for any dollars. Now to me that is a big factor and Mr. Crumpton, my problem,
sir, is that you have indicated that this would not come back to the Commission
for approval. Now you know I love you, I love Mr. Ley but I've got a problem,
sir, when that's not, to me the most important thing here is not incorporated
and you're not bringing it back to me for approval.
Mr. Crumpton: Well, let's place that in as the amendment that it is necessary...
Mr. Plummer: Well, Mr. City Attorney, will you give me the wording, what we have
agreed upon is that Mr. Ley and Associates, E.L.A. as referred to will have a
maximum cap as it applies to their 15€ fee of $625,000 and anything in excess of
that figure will be used to reduce the City's obligation as it relates to the
$200,000. Now if you incorporate that in the motion I have no problem.
Mr. Crumpton: Fine.
Mayor Ferre: Ok? Further questions?
Mrs. Gordon: Just one question and that is that - J. L., would we be removing;
the incentive to bring about greater profits?
Mr. Plummer: Let me tell you why we're not removing the incentive, read the last
paragraph. Mr. Ley would like to be considered for the next two cycles of this
fair.
Mayor Ferre: Which is four years.
Mr. Plummer: Which is four years. But this Commission is only going to look
favorable on Mr. Ley in those coming years based on his great incentive to help
the City reduce its $200,000 obligation.
Mayor Ferre: All right, further questions?
Mr. Plummer: That's a big incentive, Rose.
Mayor Ferre: Mr. Crumpton and Mr. Ley, on the record so that we don't have any
problems in the future I want to just make a clarification of paragraph 3 on page
11 of the memorandum which regards to the continuing rights to coordinate the
37
OCT 121978
subsequent two Trade Fairs. And please, :s. Ley, I don't want you to take any
offense this has nothing to do with you personally, I assume that you're going
to incorporate and ELA is a corporation, and you know God willing you know you'll
live forever but should something happen to you I would hate for whoever has the
stock of ELA, you know three or four years from now to put in a lawsuit of some
kind and I just want to make sure that we have this perfectly clear on the record:
In t:h' final document that is drafted, Mr. Crumpton, I have no objections to the
granting of Et,A the next two cycles provided, however, that there is a very simple
and clear cut divorce clause on the part of the City of Miami Commission's policy
setting hoard's decision on a simple majority. In other words what I'm saying is
that in modern life all contracts whether for marriage or otherwise has got to
have the ability under the law to have a divorce. What I'm saying is that we need
to have a pre -arranged agreement, I don't want to go to court to get a divorce I
want it before we get married.
Mrs. Gordon: You want a marriage aorement, huh?
Mayor Ferre: A marriage agreement as to what happens if we don't get along. Pro-
vided we get along I have no problems but I want on a yearly basis for this Com-
mission to have the opportu:lity at its sole discretion to say that we are not in
agreement with the way the last fair went and, therefore, we will not negotiate
with you the next o:e. That doesn't mean that you won't do it what it means is
that it will not be a totally 100% safe exclusive right on your part and I don't
want to go to court on it.
Mrs. Gordon: Really what you want to say, it's not a negotiable product.
Mr. Plummer: Well, you know that comes under the same category as no fault.'
Mayor Ferre: That's it, Ok.
Mr. Plummer: And I went into that, Mr. Mayor, because at first blush I thought
it was illegal but the City Attorney indicates that it is not, that we can obli-
gate future Commissions but I talked with Mr. Ley at some extent about this partic-
ular provision and the way I read it and Mr. Crumpton has agreed, that in no way
shape or form does Mr. Ley have any exclusive right. As I see it and understand
it for the record, this gives him the first right of negotiation.
Mayor Ferre: That's right.
Mr. Plummer: That at all times this Commission has the right to say yes or no.
Mayor Ferre: Yes, but see, that's not my point, J. L. My point is that that is
what Joe Robbie had was the right of first refusal to negotiate. We went to court
on it and we lost. Now I'm not saying that Evelio Ley is Joe Robbie or that his
lawyer is Dan Paul but I am saying that I want to make it very clear on the record
beforehand that we don't get caught in one of these things where Judge Ferguson
will throw it out and then you know we're going to end up with another situation.
I don't think there is any chance of that happening but since we've been stung on
that I just want to on the record before this is done just say that. That's all.
Mr. Plummer: Well Mr. Mayor, I did indicate to Mr. Crumpton that in the final
contract that it has to be more definitive as to what is the terminology success-
ful, you know by whose standards is this 79 fair going to be considered a success
or not a success.
Mayor Ferre: By the City of Miami Commission.
Mr. Plummer: That's the point.
Mayor Ferre: Period.
Mr. Evelio Ley: May I, Mr. Mayor? Ok, let me see if I understood clearly this
third paragraph. The City of Miami is granting me the right of first refusal to
negotiate the contract if the fair is successful.
Mayor Ferre: At our discretion.
Mr. Ley: That means if the fair is not successful, well the fair was not success-
ful, if we do not get along with the administration, for example, we are not even
then successful either on those parts then as long as the fair is successful and
as long as we have to negotiate directly each contract, E.L.A. incorporated
has to negotiate and as long as, since it has been moving correctly I have the
38
OCT 121978
right to negotiate this contract.,..
Mayor Ferre: No, you have more than that. You have a five year contract, Ok?
What we're doing here is we're saying we're going to sign with you a
five-year contract. You've got five years. However, if at any tine three people
on this Commission think that you're not doing, you're not living up to your obli-
gation, without: going to court and without any further discussion we could decide
that we don't have a contract anymore.
Mr. Ley: Mr. Mayor, let me just clarify that point. It is like I don't have any.,
thing, it is my impression. If three Commissioners agree at the moment, at the
present time I have I think some credibility with the five members of the City
Commission but what is going to happen two years from now?
Mayor Ferre: That's up to you.
Mr. Ley: Well, then give me some protection I think as long as I've been perform-
ing correctly there is my protection otherwise I don't have a contract.
Mayor Ferre: You have that, there is no question about it. You have a five year
contract. The only way you don't have a five year contract is if you do something
where three members of this Commission feel that you should not do it the next
year.
Mr. Plummer: Let me tell you Mr. Ley, of my impression. What is your guarantee?
What we're doing today is your guarantee, sir.
Mr. Ley: Success.
Mr. Plummer: You had a hell of a beautiful success in the first and because of
that we're going with you today. And we hope that that continues but if it doesn't
we want the right of out.
Mr. Ley: That's perfectly all right, that is exactly the meat of the contract.
As long as we have a successful fair then we are covered ....
Mayor Ferre: Look, what you're concerned about is that you have great success and
then this Commission is not here two years from now, politically there is another
Commission and somebody makes a political deal and then they kick Evelio Ley out
and we get somebody else to take over a very successful operation.
Mr. Ley: Yes.
Mayor Ferre: That cannot happen under what we're going to do here.
Mrs. Gordon: I'm opposed to that I want you to know that. If you build this thing
I am for you I want you to be able to continue that.
Mayor Ferre: What we're trying to safeguard here is not that, you're entitled to
that and we agree with that. What we don't want is when the reverse happens.
Suppose the thing is marginal, suppose we have problems, suppose we lose a lot of
money, suppose its a flop? Then we may want to do it with somebody else.
Mr. Ley: That's perfectly all right, as long as we are successful we have the
right....
Mrs. Gordon: Yes, I have no problem with that.
Mr. Plummer: Let me say this just on the record so we're not playing games.
This Commission holds something more dear than that number 3 paragraph, that is
if we don't want Mr. Ley we just don't allocate our portion of the money.
Mayor Ferre: Yes, but then that's like saying you're going to throw the dishes
out with the dirty dishwater.
Mrs. Gordon: Yes, but it also says that you're not going to have a fair.
Mayor Ferre: That's the point.
Mrs. Gordon: Yes, but that's what happens if you don't allocate any funds.
Mayor Ferre: Well, you see I disagree with that for what Rose just said. It may
comt to a point where we want to continue the fair but we may not want ELA's ser-
vices.
39
OCT 121978
Mr. Ley: That's fine as long as ELA's services are r.ot being successful, fine;
as long as ELA's services are successful I would like to be just protected that
nobody can come in and kick me out.
Mts. Gordon: I am for you on that basis.
Mr. hey: Because of political reasons.
Mayor Ferre: But you understand that this at the stile discretion of the City o
Miami Commission, that's who determines....
Mr. Plummer: (INAUDIBLE)
Mr. Ley: Ok, if at the sole discretion of the City of Miami Commission but the
City of Miami Commission at the present time cannot say, for example, that the
Trade Fair of 78 was not a success and I think successful is public.
Mrs. Gordon: The criteria is success and that will be written into the contract.
Is that right, Maurice?
Mr. Ley: That's right.
Mayor Ferre: And that will be decided in the future by whoever sits on this Com-
mission and I'm not precluding whoever is sitting....
Mrs. Gordon: You mean whether it's a success or not a success, the terminology
will be decided then?
Mayor Ferre: No, I think that the only way you could legally safely do this is
by saying that whoever is sitting here, the five people here will decide and define
whether it is or it isn't successful. Otherwise you get into a very large legal
hiatus and morass where you know if you try to pre -define it you'd be twenty pages
and I think you're just going to have to trust....
Mr. Ley: Well, Mr. Mayor, I agree with you on that point that as long as it is
considered a successful Trade Fair because I think the success of the fair speaks
by itself and every year we are expecting to do that on that basis.
Mayor Ferre: I just don't want a legal problem in the future, Mr. Ley, and I'm
doing it on the record for that purpose, that's all. Okay? Is that all right,
Mr. Manager, have we gone too far into this?
Mr. Grassie: I think, Mr. Mayor, that there is a different interpretation between
what you're saying and the City Commission is saying on the one hand and what ELA
is saying. Mr. Ley is using the word success to mean what a common interpretation
through the news media would be of success. I think that what you're saying is
that the City Commission retains the right every year regardless of public impres-
sion...
Mayor Ferre: That's correct.
Mr. Grassie: ....to determine whether or not the fair has been successful in your
or in the City Commission's estimation. That would mean that a simple three per-
son vote to indicate that the fair last year was not successful enough would be
sufficient to break the contract.
Mayor Ferre: That's correct. All we're saying is that it is the Commission who
decides on what the definition of success is and nobody else, not the courts, not
Judge Ferguson, nobody else - this is the bench that decides. We don't want you
or your successor or whoever it is going to Judge Ferguson or somebody else to
decide what success is or is not. It is decided right here.
Rev. Gibson: Mr. Mayor, I would like to make this comment then. Even though I
want that right I would hope we would be reasonable because you know once you
could send me out and I work myself to death and then somebody else is hanging in
the wing you know and then you do it to me and I just want to say thc.t you let us
make sure that in our definition and in our clarification of success - I don't
know how that's done - but I want to make sure that it is reasonable....
Mayor Ferre: I trust that this Commission is reasonable and has been in the past
and that requires three votes.
Rev. Gibson: Well, let me make - I hear what you're saying.
40
OCT 121978
Mayor Ferre: Or five maybe, hopefully.
Rev. Gibson: Let me say I also am in a calling where I don't control whether I'm
here in the morning. Do you understand? So I want to make it impossible for my
successors who may not think as I think because this man developed this program
with us and we have gone every step with him, they may not be as thoughtful and
as considerate. You see? (INAUDIBLE COMMENTS) I'm not trying, Mr. Mayor, no,
no, no. I want to make sure. Counsel, so that nobody misunderstands me, news,.
papers nor nobody else I want it done legally but within reason. That's all.
Mayor Ferre: I assume that your successors and my successor will be as reasonable
as we have been.
Rev. Gibson: I hope they will. My experience in the church is where the Holy
Spirit presides that men can become unusually rather than listening to the Holy
Spirit.
Mayor Ferre: All right, let's vote. Is there any further discussion or clarifi-
cation on this matter?
Mr. Ley: How is ending....
Mayor Ferre: The same way it started, it hasn't changed a bit.
Mr. Ley: That means a reasonable success.
Mayor Ferre: A reasonable success as defined by the City of Miami Commission,
that's correct. Further discussion? Call the roll.
Ms. Hirai: Mr. Mayor, we have Mr. Plummer's amendment we need a move and a sec-
ond.
Mayor Ferre: Well, just incorporate it in the motion including as amended by Mr.
Plummer.
Ms. Hirai: Yes, I know, first and second though.
Mayor Ferre: It was moved by Plummer.
Mr. Plummer: Make it an amendment to the main motion.
Mrs. Gordon: What is the amendment, J. L., will you repeat the amendment?
Mr. Plummer: It gives us the right of provision, Rose, of reducing our obliga-
tion, the mechanical portion...
Mrs. Gordon: Yes, that's all right.
Mayor Ferre: Moved by Plummer, seconded by Gordon. Further discussion, as
amended, and we'll have a right to review it if anybody has any, would you make
sure that each member of the Commission gets a final draft so that we can review
it in case we have any problems?
Mrs. Gordon: Have you settled that point that was in discussion relative to the
four year extension?
Mayor Ferre: Yes.
Rev. Gibson: With reasonable..,
Mr. Ley: Yes, I think we have agreed to have a reasonable success ...(Interrupted
by Mayor Ferre).
Mrs. Gordon: And you can live with that?
Mr. Ley: I think with a reasonable success I would say yes as long as it says
a reasonable success.
Mrs. Gordon: I have no feeling, I don't want to throw ice water on you I want
you to go out enthusiastic, really I'm ready to make this even super successful
over last year so that's why I don't want to throw ice water on you.
Mr. Ley: I appreciate that, Mrs. Gordon, I appreciate that.
41
O C T 121978
the following •'esolution wss introduced by Commissioner Bummer, who moved
its adoption:'
RESOLUTION NO. 78=644
A RESOLUTION APPROVING THE TERMS OF THE ATTACHED PROPOSAL
SUBMITTED BY EVELIO LEY & ASSOCIATES, INC. FOR THE PROMOTION
ANI) OPERATION OF THE PROJECT KNOWN AS "TRADE FAIR OF THE
AMERICAS - EXPORT '79" AND AUTHORIZING THE CITY MANAGER TO
DEVELOP AND EXECUTE AN AGREEMENT IN SUBSTANTIAL COMPLIANCE
WITH THE TERMS AND CONDITIONS OF SAID PROPOSAL, USING FUNDS
FOR SAID PROJECT IN ACCORDANCE WITH SAID AGREEMENT ALLOCATED
FROM THE CONTINGENCY FUND, NOT TO EXCEED $200,000, AND AUTHOR-
IZING THE TRANSFER OF $350,000 FROM THE CONVENTION FUND TO
THE TRADE FAIR FUND ON A LOAN BASIS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the resolution was passed
adopted by the following vote -
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Manolo Reboso
Mayor Maurice A. Ferre NOES: None.
Rev. Gibson: Mr. Mayor, may I make a further comment? I would hope, sir, that
you would say to those Caribbean countries that just as we were gracious and
hospitable and cooperative and all of that that we hope they would be equally,
and those Latin American countries.
Mr. ley: Right.
Rev. Gibson: You know coming over here and buying, you know what I mean? Just
like they came over here and we bought and they were able to sell everything,
you know, reasonable, I hope they'll keep that in mind because it is a two way
street.
Mayor Ferre: All right. Father, I didn't want to get into this but I just want
to make sure that so that we understand that we don't get off on tangents on
this and I really address this to Mr. Crumpton. You came to this Commission and
made a commitment that this City would not spend over $350,000, is that correct,
on several occasions? (INAUDIBLE RESPONSE) You, the administration made that
commitment on the record on several occasions that we were within budget and
that we weren't going to spend more than $350,000. Now you come to us and you
tell us that it cost us an additional $72,000. Now that means to me that this
fair cost $422,000 for the taxpayers of the City of Miami who are very hardpressed.
Now we're talking about all kinds of things in this Commission that we can't do
like closing down hot meals for people, the senior citizen day care center up at
Douglas Park and etc. and I'm telling you right now that of the million fifteen
thousand dollars that this thing cost $422,000 of it came out of our pockets -
That means the taxpayers of this City. I'm on the report that was given to us
dated October 6th, Trade Fair of the Americas for Imports. I just want to point
out, I'm not trying to say, Mr. Crumpton, that you've been devious but I want you
to understand the timing of all of this. Notice, if you would please, that this
fair occured in March. Is that correct, of this year? It has taken until Octo-
ber 6th for us to find out that we ran over $72,000. Now, we got this thing and
the fact is that I would make a guess that not more than one or two people on
this Commission has read this report.
Mrs. Gordon: When did you get it, last night?
Mayor Ferre: No, received on 10/10. What's today, 10/12? And this has been in
our pile of things to read and most of us haven't read it. I'm not saying that
this would change our opinion in our vote but I am trying to point out that the
timing is very coincidental that we just got it one day before.
Mr. Plummer: What are you talking about?
Mayor Ferre: I'm talking about the fact that we had a $72,000 overrun, This
Trade Fair, the last Trade Fair cost us $422,000.
Mt. Flutter: Mr. Mayor, just for the rem :.i since you wish to document it I
received that docuient on Friday of last week, sir, and I did read it, I did
go into extensive discussion with Mr. Ley and Mr. Crumpton. So I'm just saying
to you the only change in the document which you were presented this morning
from Friday's document is one word as I know it. That was changing the word from
contribution to ....
Mayor Ferre: My position remains the same that the document that we had before
us dated 10/10/78 is a document that should have been - if this were a corporation
called the J. L. Plummer Corp. and you went out and spent $422,000 and you had
your manager to spend that money in March are you telling me that you would ac-
cept the report to be on October 6th, 7th or 10th or whatever date it was? You
know damned well in June you would have said, "Hey, what did you do with my money?"
Mr. Plummer: All I'm saying to you, sir, is that that document which you are
referring to, it is not thu first time I've seen it this morning....
Mayor Ferre: You saw it Friday an: I'r. asking you - Friday was the 6th day of
October - and what I'm askizu y .(1-3yc.0 think it is correct for April, May,
June, July, August, Sep`.emI r nave gone by and for you to get that document
on the 6th day of October t`':= 1:5u're dealing with $420,000 of the peoples' money?
Mrs. Gordon: Ther-_ is a tremendous difference between the document you received
on Friday and the one you got last night or that I got last night. It's a full
page of additional, I have both of them here you can compare them if you wish.
Mr. Plummer: Well that's the thing, Rose, that I sat down and talked with them
about.
Mrs. Gordon: Yes, but then you had to do it between yesterday and today.
Mr. Plummer: I did it last night,
Mrs. Gordon: Oh, well you know where I was yesterday, I was in temple.
UNINTELLIGIBLE
Rev. Gibson: ... What, t e Mayor is saying
Mr. Plummer: I agree with
Rev. Gibson: The Mayor is
aying that you cannot let that amount of time lapse.
Mr. Plummer: We should have known about it within 30 days is what he is saying
and I agree.
Mayor Ferre: 0r 90 days.
Rev. Gibson: Yes, that's what he's saying.
Mayor Ferre: And let me put it on the record right now so that this is very
clear: If next year we have a $72,000 deficit I do not think that the fair will
have been a success. Okay?
Mr. Plummer: A $72,000 over projected deficit, there is a big difference. ....
Mayor Ferre: I just want to go on record so that we understand. so that no-
body gets upset next year. Ok, that's all I wanted to get into the record. And
beyond that this is not to say that a wonderful job hasn't been done and that
we didn't have a great success and we got great press on it and we sold millions
of dollars and it was a great thing. And I hope this one will be the same way
and I certainly commend Mr. Ley and Mr. Crumpton and everybody and hope that you
understand this in the context of what I'm saying and not take it out of propor-
tion. I'm just trying to be precautionary for the future. So good luck and we're
very proud of what you've done and go to work.
Mr. Plummer: We only look at contracts when things go wrong - we hope we never
look at the contract.
OCT 121978
Stitnitatikr
17. CAN. A SPECIAL MUNICIPALL 1 i
SOU H:..N ;ELL FRANCHI5:
Mayor Ferre: Item 18, certifying and declari:vj the results of the Special Municipal
Election, you've got it before you, the Clerk's Office has passed this out and as
I see it on the record there were 25,197 votes cast so Bill Jgebre, I was wrong
it wasn't 25% turn out we had a 21.45% turn out and for the measure there was a
vote cf 5,700 and against the measure.was 10,132. Plummer, do you have your lit-
tle aiding machine there? Does anybody have a computer? Calculator? What is
15,833 of 117 for it?
Ms. Hirai: It's the total number of votcs actually cast, not the number ei La1iot
Mayor Ferre: No...
Mr. Plummer: That's not what he wants, I know what he wants,
Mayor Ferre: Do you have a calculator there, Bob? Would you divide,.
Mr. Plummer: You want the percentage.
Mayor Ferre: 15,833 out of 117,449.
Mr. Plummer: 131% of the vote. In other words
Mayor Ferre: No, 13% voted. Now would you tell me what 10,132
10,132 divided by 117,449.
Mr. Plummer: 8.6%.
Mayor Ferre_: Okay, so in effect what I'm saying is this, that the franchise telex
phone tax went down the drain but in effect less than 9% of the registered .:et'
of Miami made a decision for, if you want to put it another way, for the 91% of
the people that didn't vote or that voted for it. 8.6% of the people made the
decision for all of us and that's what you have to do. Now, my feeling is that
we ought to put this back on the ballot in another year or perhaps in another twe
years depending on what the Commission then wants to do but that the next time
we go about it differently that we take one project and only one which har pop-
ular support and that we do it on a general election or an election where you're
going to have a big turn out and that in my opinion is a Presidential Election
in 1980 unless we call a special election for this.
Mr. Plummer: Well, Mr. Mayor, I would be totally opposed to something like this;
being on a special election costing the electorate $66,000 even if the tab is
picked up by Southern Bell because eventually the voters pay for it whether it
is through taxes or through their monthly rates. Mr. Grassie, have you had time
to consider what the present posture of the City is? You know we have been oper-
ating now for almost two years on a continuing basis as of the last contract.
Where are we? You know something has got to be approved by the voters.
Mr. Grassie: You're right, Commissioner. Where we are is that the City has been
making good faith efforts to get the question of the franchise resolved, as you
know, we will probably have to have another one year interim extension through
agreement with the telephone company and within that period of one year your
staff and the City Commission finally will have to determine what the next step
would be to get this resolved.
Mr. Plummer: Let me ask a question, Mr. Gilstrap, if you can answer it Mack.
In other areas where you have franchises is it predominately necessary that it
go to a referendum or not? In other words are we really coming at this wrong,
are we dealing with a provision in our Charter that nobody can live with that
says that it must go to a referendum? What do other cities that you have fran-
chises, do they have the authority within the Commission to do it or would you
say predominantly it is that process of a referendum?
Mr, M, R. Gilstrap: I couldn't give you the exact percentage, we have over 200
franchises in the State of Florida, of course, some do require,.,,
OCT 121978
Mayor Fetre: I don't think he is the one that answers your question, it is our
City Attorney. Mr. Knox?
Mr. Knox: I don't know of any other jurisdiction, I do knew that out Charter
requites that for a grant of franchise it has to be GG:G
Mayor Ferre: Is that in our Charter?
Mr. Knox: Yes, sir.
Mr. Plummer: Yes, but Mr. Mayor, what I'tn saying is this.
Mr. Knox: I can say generally that when Municipalities or units of government
grant franchises because of the nature of the franchise a referendum vote is
usually required.
Mr. Plummer: Ok, fine.
Mr. Gilstrap: As a localexample, the city of Miami Beach has the same situation
and we are in a r.egotiatinc process with them right now.
Mr. Plummer: Yes, but Mack, the point I'm trying to make.... I have my reason-
able belief that 1, you put anything including the present franchise of 1% on a
ballot it is go`.nq to be turned down.
Mr. Gilstrap: I agree.
Mr. Plummer: Now, you can maybe go out and try to do a salesman's job or a PR
job but the feeling across this country is at this present time any tax is going
to be turned down. Now if that is the case you know to call a special election
or to put it back out on the ballot to me we're just spinning our wheels and yet
we find that this is a necessary revenue to keep this City operating. Now if
we're going to continue to just put something out on the ballot that doesn't have
ghost of a chance we're spinnin2 our wheels.
Mr. Gilstrap: I think the voters just gave us a miniature Proposition 13.
Mr. Plummer: Hey, let me tull you the National League of Cities in November
they're devoting one full day to discussion of nothing but this fever going
across the country. Hey, I'm not that smart, I don't know the answers, I really
don't.
Mayor Ferre: I don't think anybody knows the answer, the problem is nobody wants
taxes and then you get editorials like the one in the Herald which fortunately
not too many people read but you know that sets h tone in certain areas where
they say, "Well, as long as this City of Miami Commission is there or the City
is in existence we're not going to provide anymore moneys for them, we shouldn't"
you know that is basically what that editorial said.
Mr. Plummer: I understand. Mack, let me ask you a question. Do you have a
franchise with Dade County?
Mr. Gilstrap: No, we do not have franchises with counties.
Mr. Plummer: You have none at all?
Mr. Gilstrap: None with any county in the State of Florida.
Mr. Plummer: I wish you would prepare for this Commission a paper giving us
somewhat of a breakdown, you might have already done it, as to what your other
200 franchises represent.
Mr. Gilstrap: The remuneration?
Mr. Plummer: Yes, in other words....
Mr. Gilstrap: I can tell you that right now,
Mr. Plummer: Ok, tell me.
Mr. Gilstrap: All but two of them which have been negotiated in the last 20
years provide for payment of 1% of local service revenues. Two, Fort Lauderdale
and Coco Beach provide for more, Fort Lauderdale is 2%,
OCT 1'19 8
Mayor Ferre: Two, did they go to the electorate on that?
Mr. Gilstrap: They did not require an election, sir - 1% on the customer's bill.
Coco Beach has a 3%, it did not require an election and 2% on the customer's bill.
We have some older franchises where we do not pay the 1%, we provide them with
a nominal amount of free telephone service or something of that sort but as they
come due we are attempting to negotiate them up to a 1% level.
Mr. Plummer: Well, Mr. Manager, let me ask you this. Look, you know I tell you
about negotiations - you don't have to talk about hard dollars but in the final
analysis everything is hard dollars and maybe what the Mayor says is right and
it's wrong and that is that any way you skin the cat you're still skinn-
ing the cat. Would we be smart to enter into a discussion with Southern Bell
that we do not increase beyond the 1% but negotiate, we're paying a healthy
monthly check to Southern Bell for City telephone and 911 and things of that
nature. Now would we maybe be smart to approach it from that angle? What is
our annual telephone bill approximately? Somebody told me around $700,000, is
that correct?
Mr. Grassie: That does not include 911, 911 would add approximately $150,000 a
year I would estimate if everything is included.
Mr. Plummer: Well, let's call it three-quarters of a million dollars just for
hypothetical discussion. Let's call it half a million dollars just for discus_*
sion, Mack, what does the franchise of 1% bring us?
Mr. Gilstrap: $600,000.
Mr. Plummer: Ok. Now Mack, you know maybe if we approached this from the aspect
of the City getting telephone service free which is negotiable, has been in the
past, and we don't try to increase the percentage - you know the bottom line is
we're still getting money to operate this City that is vitally needed.
Mr. Grassie: I think you have some real Public Service Commission problems with
that.
Mr. Gilstrap: Are you talking about free telephone service in addition to the
1% or in lieu of the 1%?
Mr. Plummer: Maybe in lieu of it, Mack, I'm open for discussion. Look, hey,
when you go to negotiations friend everything is on top of the table as far as
I'm concerned. Okay? Hey, Mr. Grassie, technically you're operating illegally -
technically. You know all I'm saying is....
Mr. Grassie: We can't do the impossible, if we make a good faith effort you know
it's not....
Mr. Plummer: Joe, we are continuously, this is the second time it's gone to the
ballot and the second time it's been turned down. Now how many times are you
going to hit your head against that voting booth to realize you'd better start
finding another avenue to try to approach and hopefully accomplish the same thing?
Mr. Gilstrap: Let me clarify one point with you, Mr. Plummer. Regardless of
whether the remuneration is in terms of money, free telephone service or what have
you if the total value is over 1% you get into the pass -on situation. If we were
to give you free telephone service which equated to 2% we would still end up with
1% being passed on to the subscriber.
Mr. Plummer: Hey, Mack, at this point I'd like to be guaranteed that I've got the
1%. Well, you've an agreement which has not been approved by the voters because
it ran out two years ago.
Mayor Ferre: Well, J. L., I would recommend that you continue these conversations
with Mr. Gilstrap on your own and come back ....
Mr. Plummer: No, I'm not going to continue. What good is it for me to do it you
know if....
Mayor Ferre: I support you 100%, I think all of us do.
Mr. Plummer: That bothers me.
Mayor Ferre: If you could figure out a way for the phone company to voluntarily
give us phone service with $700,000 so that we don't have to go to the electorate
on it in lieu of you know going to the electorate again,..,
46
O C T 121978
Mr. Gilstri : You still have to go to the electorate. The or.iy way you can avoid
that is through a Charter change which Mr. Knox: has _:::heated.
Mr. Plummer. Mack, I'm tired to knocking my head against the wall.
Mayor Ferre: No you're not, we'll be back. You have to have the persistence of
Tamerlane. Don't you remember the famous story about Tamerlane?
Mr. Plummer: The thing about knocking your head against the wall, it feels
good when you stop.
Mayor Ferre: This is a true story, Tamerlane used to....
Mr. Plummer: Who the hell is Tamerlane?
Mayor Ferre: Don't do that, don't do that on the record, PluMMet,
everybody Will --
Mr. Plummer: Turn the record off. Who the hell is Tarnetlane? Do you know who
Tamerlane is?
Mr. Grassie: Yes, he was a Mongolian.
Mr. Plummer: Mongolian?
Mayor Ferre: He happens to be one of the four or five most famous people in the
world. Tamerlane was the conqueror, he was the Julius Caesar/Napoleon if you
will of the eastern world. Have you ever heard of Genghis Khan?
Mr. Plummer: Genghis Khan, is that with a dialect translation?
0/1 Mayor Ferre: Anyway, Tamerlane happens to be a very famous man even though you
haven't heard of him.
Mr. Plummer: And what did Tamerlane say about the phone franchise? He doesn't
like the quarter for information service, all right, fine.
Mayor Ferre: Anyway the point is simply this, that I think what we have to do
is that we need to figure out different ways of doing it. We're not going to
give up, we're not going to call it quits and we have to find other ways of doing
this. In my personal opinion the next way we ought to attempt this is to come
with a specific and very popular project and put it on a general election. As
I recall you laughed about the same way when we were passing the Housing Bond
Issue - it will never pass, nobody will ever be for it. Well, we passed it didn't
we? Huh? Hey, but we passed it. And everybody thought it would never pass -
we passed it. Maybe we'll luck into this one like we lucked into that one.
Okay? And the fact is that we're not going to give up and this is not the time
e to start giving up on this. You know we've been defeated twice. Ok, Lincoln had
to run 36 times before he was elected. Fine. I don't plan to put this on much
more but certainly I would hope that we wouldn't give up at this point. All
right, shall we canvass this thing now? I'd like to point out....
Mr. Plummer: Tamerlane was his campaign manager.
Mayor Ferre: Hey, can we stick to this agenda so we can get out of here? I
know you enjoy playing games here but I've got other important things to do.
Let's canvass this thing. Would you tell us what Precinct 451 did? Would the
Clerk read into the record what Precinct 451... 451 is for 51 votes against 46.
Would the Clerk read Precinct 623 into the record? For 19, 18 against. Would
you read 624 now into the record?
Ms. Hirai: 624 is 23 for and 23 against.
Mayor Ferre: All right, now I'd like to point out that the only four precincts
that voted for this were four black precincts and I would like to point out that
every single Latin precinct, Anglo precinct and everything else voted against
this and I think it point out to us that the black community unfortunately did
not vote very much on this but the perception of improvements and things are cer-
tainly perceived by our black citizens in black precincts and I think that's
something that's an important point to be made into the record that if it had not
been for the black community we would not have passed the Housing Bond Issue.
And I think, Mx. Fosmoen, a lesson is to be learned for us. Perhaps next time
we put this up we should concentrate a little bit more where there is a percep-
tion or that these things make sense and if we had worked a little bit harder
47
OCT 121978
IIIIIIIII III IIIIIIIIIIIIIIIIIIIIIII II IIIIIIII1I11UIIIIU■uui•
c vctc , a get out and vote type of campaign
and gotten more people to go cut -.-.
perhaps you know it could have been a ii'-.:.:e nit different - for next time. Any
other questions? what do you need, madam Clerk?
Ms, Hirai: Move and second only.
Mayor Ferre: All right, is there a motion accepting the certification of the
vote?
The following resolution was introduced by Commissioner Gibsoni Who itoVed
its adoption:
RESOLUTION NO. 78-645
A RESOLUTION CERTIFYING AND DECLARING THE FOLLOWING RESULT OF
THE SPECIAL MUNICIPAL ELECTION HELD OCTOBER 5, 1978 WITH RESPECT
TO THE AUTHORIZATION OF SOUTHERN ELL TELEPHONE COMPANY, ITS
SUCCESSORS AND ASSIGNS, TO ESTABLISH, INSTALL, CONSTRUCT, OPER-
ATE AND MAINTAIN ITS TELEPHONE POLES, WIRES AND OTHER TELEPHONE
EQUIPMENT AND FACILI:'IES, ALONG, UPON, ACROSS AND UNDER THE
PUBLIC STREETS, LANES, ALLEYS, AVENUES, BOULEVARDS AND OTHER
PUBLIC HIGHWAYS IN THE CITY OF MIAMI: DISAPPROVED.
(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 Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Manolo Reboso
Ferre NOES: None.
Mayor Maurice A.
ICI III ■11I■IIIIIIIIIIII IIII II IIIIIII IIII II1IIIII II IIII1I 1is iii iii mom
•
'j
•
18. CLOSE FULLER STREET OCTOBER 21, 1978 FOR CONTINUING
EDUCATION STREET FAIR.
Mayor Ferre: Ok, we are on item 19, conditionally authorizing the closing
of Fuller Street between Main and Grnnd.
Rev. Gibson: Move.
Mayor Ferre: Father. Gibson moves, is there a second?
Mr. Plummer: Second.
Mayor Ferre: Second by Plummer, further discussion on 19, call the roll.
The followi:.g resolution was introduced by Commissioner Gibson, who moved
its adoption:
RESOLUTION NO. 78-646
A RESOLUTION CONDITIONALLY AUTHORIZING
THE CLOSING OF FULLER STREET BETWEEN MAIN
HIGHWAY AND GRAND AVENUE ON SATURDAY,
OCTOBER 21, 1978 FROM 10:00 A. M. THROUGH
2:00 P.M. FOR A CONTINUING EDUCATION STREET
FAIR SPONSORED BY MIAMI-DADE COMMUNITY
COLLEGE - DOWNTOI."N CAMPUS, SUBJECT TO
ISSUANCE OF PERMITS BY THE POLICE AND
FIRE DEPART;1ENTS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Plummer, the resolution was passed and
adopted by the following vote:
AYES:
NOES: None.
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Manolo Reboso
Mayor Maurice A. Ferre
19. AUTHORIZE CITY MANAGER TO ESTABLISH A PROMOTIONAL
ASSISTANT AGREEMENT WITH FLORIDA A C M UNIVERSITY
FOR ANNUAL ORANGE BLOSSOM CLASSIC FOOTBALL GAME.
Mavor Ferre: Authorizing the City Manager to establish a promotional
assistant agreement with Florida A 6 M University. Father Gibson moves,...
Mr. Plummer: Second.
Mayor Ferre: Plummer seconds, further discussion on 20, for the..,
Rev. Gibson: I want to raise,.. I want to raise...
Mayer Ferre; Alright, Father? -
O CT 121978
iin IIIIIII.■■miiim
Rev: Gibson: I want to do about thin ; ont racy , what I did about the other
1 do not wish and I hope it is not the intent and after the people..:
Mt: Crassie, who handles this? Which one of the seen? I want to make sure they
hear and understand this.
Mr: Gras<;ie: Mr. Bond is handling this relationship with the City.
Rev: Gibson: Ok, Mr. Bond, when they coma to get that money~i want to make
?pure they understand that we expect the local people to share in the goodies:
Do you know what I mean by that?
Mt: Bond: I think I do, sir.
Rev. Gibson: You know, I don't want A & N to take all this money up there. -
it may not he a lot- hut if you start... 1 had a treasurer when I first came
to Christ Church 33 years ago, you 1'now what he taught me and I have never
forgotten- a penny saved, is a penny earned. I don't want these
unders to have
made thr orange bowl some classic ard then you know,... you
nd
what I'm talking about?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Rev. Gihcm: Yalke sure that the people who handle that publicity aren't
in Tallahassee only_, shame the goody. Do you understand? Now, if that isn't
done when you come up here neat year, if Gibson is around, I'm going to be
fighting and voting against that money.
Mayor Ferre: Alright, have we voted on this?
Ms. Hirai: No, sir.
Mayor Ferre: Alright, call the roll.
The following resolution was introduced by Commissioner'Gibstlti'
its adoption:
RESOLUTION NO. 78-647
A RESOLUTION IN CONNECTION WITH FLORIDA A&M
UNIVERSITY'S ANNUAL ORANGE BLOSSOM CLASSIC
IN THE CITY OF MIAMI'S ORANGE BOWL AND ESTABLISHING
ANNUAL PROMOTIONAL. ASSISTANCE IN AN AMOUNT NOT
TO EXCEED $6,000, FOR COSTS, WITH FUNDS THEREFOR
ALLOCATED FROM THE DEPARTMENT OF TOURIST
PROMOTION BUDGETED FUNDS.
(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:
rived
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Manolo Reboso
Mayor Maurice A. Ferre
•
Mayor Ferre: Plummer, can we take up the consent agenda now, so we can get
that over with?
Mt. Plummer: I have no objections, Mr. Mayor.
Mayor Ferre: Ok, I vote 'yes" on that last on.Alright, at this
ntsto time
We
will take up the consent agenda. Is there anybody r
Plumak
mer
on the consent agenda. that items 13 thru 16, hearing none, Ma. further
discussion,
moves, Mr. Reboso seconds the consent agenda items 13 thru 16,
call the roll, please.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 78-64F
A RESOLUTION ACCEPTING THE BID OF BISCAYNE FIRE EQUIPMENT CO.
FOR FURNISHING 10,250 FEET OF FIRE HOSE FOR THE DEPARTMENT OF
FIRE; AT A TOTAL COST OF $15,965.00; ALLOCATING FUNDS FROM THE
1977-78 FISCAL YEAR OPERATING BUDGET; AUTHORIZING THE CITY
MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER
FOR THIS EQUIPMENT.
(Here follows body of resolution,omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Vice -Mayor Reboso, the resolution was passed and
adopted by the following vote:
AYES:
NOES: None:'•
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Manolo Reboso
Mayor Maurice A. Ferre
OCT 1:2,19Ta
MIME
The following resolution was introduced bv Commissioner Plummer. who moved
its adoption:
RESOLUTION N ). 7R-649
A RESOLUTION ACCEPTING THE BID OF P.T. GARRETT
FOR FURNISHING FIRE NOZZLES AND VALVES AT A COST OF
$6,261.51; BID OF f,AF:, EQUIPMENT CO. OF FLORIDA FOR
FIRE NOZZLES AT A ('C:;T OF $909.93; BID OF BISCAYNE
FIRE EQUIPMENT Co. :OR HOSE CLAMPS AT A COST OF $669.00:
AT A TOT.;- $ 7 , 8! o . 44 ; ALLOCATING FUNDS FROM THE
1977- 7c, :';:>,;:;L YEAR OPERATING BUDGET; AUTHORIZING THE CITY
MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE
ORDERS FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Vice -Mayor Reboso, the resolution was passed and
adopted by the following vote:
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson
Vie -Mayor Manolo Reboso
Mayor Maurice A. Ferre
NOES: None.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION No. 78-650
A RESOLUTION ACCEPTING THE BIl) OF JULES BROS. UNIFORMS, INC.
FOR FURNISHINC WORK UNIFORMS ON A CONTRACT BASIS FOR ONE YEAR -
CITY WIDE; AT A TO1:11_ COST OF $61,828.50; ALLOCATING FUNDS FROM
1978-79 FISCAL YEAR OPERATING BUDGET; AUTHORIZING THE CITY
MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDERS FOR
THESE MATERIALS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk),
Upon being seconded by Vice -Mayor Reboso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson -
Vice -Mayor Manolo Reboso
Mayor Maurice A. Ferre
NOES; None,
OCT 1:41918
DID ACCEPTANCE - CHEMICALS AND FERTILIZER FOR USE
IN CITY PARKS.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 78-651
A RESOLUTION ACCEPTING THE FOLLOWING BIDS FOR FURNISHING
CHEMICALS AND FERTILIZER FOR THE DEPARTMENT OF PARKS; BID OF
ATLANTIC FERTILIZER CO. AT A COST OF $920.00; BID OF SUPERIOR
FERTILIZER CO. AT A COST OF $750.00; BID OF WOODBURY CHEMICAL
CO. AT A COST OF $1,300.00; BID OF SO. MILL CREEK PRODUCTS AT
A COST OF S15,333.50; BID OF WENDELL-BULTER SUPPLY CO. AT A
COST OF $712.78; BID OF W. R. GRACE CO. AT A COST OF $2,377.50;
AT A TOTAL COST OF $21,393.78; ALLOCATING FUNDS FROM THE 1977-
78 FISCAL YEAR BUDGET; AUTHORIZING THE CITY MANAGER AND THE
PURCHASING AGENT TO ISSUE THE PURCHASE ORDERS FOR THESE MATERIALS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Vice -Mayor Reboso, the resolution was passed and
adopted by the following vote:
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Manolo Reboso
Mayor Maurice A. Ferre
Mayor Ferre: Alright, ladies and gentlemen, this is what we have left then,
for this afternoon and hopefully we can get out in an half hour. We
have the presentations to be made, then we items 6 and 7 which Correais
e MiMiami you
Civil Service Board- by the way I saw Mr. Correa. Hey,
stand up please? Would you make an... I don't know which members of the Commission
you have not met with, but would you if you have not met with Mrs. Gordon
or Father Gibson or Reboso or Plummer, would you between now and this afternoon
make yourself available to them for discussion. Alright, and I think the only
other one was Theresa Saldise. Is she coming? Alright, would you...
Mrs. Gordon: I understood that we were going to ask them to answer questions
in the public.
Mayor Ferre: I don't... we haven't done that in the past and I think that that's
something that you ought to do on your own. The man is here and this is...
Mrs. Gordon: Yes, but I have to be somewhere at 12 o'clock, so that gives me
four minutes to get there.
Mayor Ferre: Fine, well, what time will you be back?
Mrs. Gordon: 2:30.
Mayor Ferre: Fine.
Mrs. Gordon: I will probably miss your presentation.
Mayor Ferre: Yes, so then be here at 2:30 so that you can speak with Mrs.
Gordon, before we vote on it this afternoon. Then we've got items number
7 which is the appointment of the Environmental Preservations Board- I'm
going to try to call up Mike Simonhoff and then we can make the decision
beyond that. I hope wwill
bable
17twhichvote
isa nboth
public hearinganditem21
things
today.
Now. that then leaves
uswith item
which is Marty Friedman and the International Folk Festival.
Plutrnnet You got Pout
Mayot Ferre: And that'
11ouf
if we could get through in a half
Mr Plummer: Well, Mr. Mayor, Please, 1 once gain plead with you to allow
the Manager to make a report on out appearance at your behalf at the School
Board.
Mayor Ferre: Oh, yes, of course.
Mr. Plummer: Alright.
L4. DISCUSSION OF L)EDIC1; I CEREMONIES IN OTHER CITIES
AS COMPARED TO ;itAMI - COCONUT GROVE EXHIBITION HALL.
Mayor Ferre: Ok and we can do that... well, maybe it will be an hour, hit
let's sav then that we will adjourn now. Do you think that we can inaugurate
this thing quickly? is there a bid_; to do and we got dignitaries and a11 that?.
Mr. Grassie: No, there should not he ra big to do, Mr. Mayor, but there are
two things you want to accomplish. One, we want to make sure that the City
Commission and members of the news media do in fact see the facilities and see
the improvements.
Mayor Ferre: Well, we are going to walk over right now.
Mr. Grassie: Yes and there also is a bite to eat if you have the time to do
.that.
Mayor Ferre: Let me point out, if I may and...
Mr. Grassie: I also should point out that there- I'm sorry, sir- are three
hundred invited guest, some of them 'will he there, so you probably will want
to join their.
Mayor Ferre: Is it fair to assume that if we
12 sharp, we can be out by 12:30?
Mr. Grassie: It will take longer than
and see the improvements, sir.
over there and be there
to walk through the whole
1 tv
Mrs. Gordon: Mr. Mayor, I'm not going ..to be going with you. I won't be going.
'r. Plummer: You are not going to be there for the Rose Gordon Exhibition
Hall opening;
Mr. Reboso: Hey, Rose, come on.
Mayor Ferre: Alright, the other thing 1 would say is this and this is not
in the form of criticism, but just,vou know, concern. I happened to be up
in Boston for the inaugurate of Fenniel Hall. Fenniel Hall is not obviously
the same as this, but it was a run down, old, three shed, horrible place
that Boston had. And Boston went and spent a lot of money to renovate those
areas. Let me tell you what they have on inauguration Day. They had the
Governor of the State, one United States Senator, ten Representatives,
you know, a lot of Legislators, they had the President of the Chamber of
Commerce, all kinds of... they had a big band, a big balloon show and there
must have been...and they had a concert there to inaugurate it and the
estimate's were that there were two hundred thousand people to inaugurate
Fenniel Hall. Now, this is not Fenniel Hall, I understand and we don't have
Jim Ralph's company here and we haven't spent $20,000,000 to renovate it.
We have spent, however, $4,000,000 and this is I think, it's turned out
very nicely and everybody seems to be very happy with it. Well, most people
are happy with it. And 1 think, I hope, I don't know what kind of an event
we have...
Mr, Grassie: Why don't we go sec.
C:tti
OCT 121978
Mayor pette: But 1 think it's itupottant that as we accomplish these things
like the Police Department and this, that as we progress, that we try to get
the community involved rather than just us chickens cutting the ribbon and
you know, being there. Ok? Now, I say that with apologies because I'm
prejudging something that I haven't seen yet. At Fenniel Hall they did not
feed anybody.
WHEREUPON the City Commission recessed at 12:00 and reconvened
at 2:24, with all members of the City Commission found to be
present.
25. PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS.
PRESENTATIONS
1. Presentation of a Key to the City of Miami to Almirante Geronimo
Cafferata Marazzi, Ministro de Vivienda del Peru.
2. Presentation of a Distinguished Visitors certificate to Mr. Ignacio
E. Lozano Jr., former United States Ambassador to El Salvador and
Publisher and Editor of La Opinion newspaper, Los Angeles, California.
. Presentation to Mayor Maurice Ferre of the "EL CID" award which is
presented annualy by La Sociedad Espanola de la Florida to that
person who has most contributed to the preservation of our
Hispanic Heritage. Carlos Santamaria, President and Alfredo
Cuadrado, Vice President of the organization are here to
present the award.
4. Presentation of a Certificate of Appreciation to Mr. Ramon
Cernuda, editor of La Enciclopedia Martiana, a comprehensive
r work on the writings of Marti.
26. DEFER APPOINTMENT TO FILL VACANCY ON CIVIL SERVICE
BOARD.
Mayor Ferre: We are now back in the afternoon session and the things that
we have pending are item 6. Are we ready now to take this up? Anybody have
any problems now? Well, the candidates are Friedman, Correa, Argues, La Casa
and Saldise. So if you would take a piece of paper and write..,let's see if
we can get this... If you would write the name of one of the candidates and
pass it on, put your name on the bottom for the record. You got it totalled?
Ms. Hirai: Yes, Mr. Mayor. Mrs Friedman got two votes, Manuel Argues got one
vote, Teresa Saldise got ono vote, Jose Luis Correa got one vote.
Mayor Ferre: Alright.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: I asked you all to write your names in the bottom OP that the
press or anybody who wants to know how people voted,
(BACKGROUND COMMENTS OFF THE PUBLIC RECORD)
55
O C T 121978
Mayor Ferre: Now. we are going to go to the second round to see if we can
get a consensus here and then after that I will open it up for discussion
and see what happens. Now, just one mote vote. Just read them into the record,
it doesn't matter, then we can move ahead.
Ms. Hirai: Mrs. Friedman got two votes, Teresa Saldise got one vote, and
Jose Luis Correa got two votes.
Mayor Ferre: At this point. we have then as a tie between Correa and t.ho?
(BACKGROUND CONTENT OFF THE PUBLIC RECORD)
Mayor Terre: And Friedman. Alright, now do you want to take it to one mote
Vote? Or do you want to discuss it or wha's the will of the Commission?
Mrs. Gordon: I would like to say that have had very little chance to talk
to Mr. Correa and now since he is in the finals, so to speak, I also had
very little time to talk to Teresa Saldise, I would like to have had more
opportunity to speak to her. I would like to postpone this until the next
Meeting in November... to the meetings, in November when we can have a ample
opportunity to ,et to know these people. J. L., your position...
Mayor Ferro: I will accept that if that's the will of the majority of this
Commission.
Mrs. Gordon: Ok. Well, I just want to finish expressing my own feelings,.'
that i.s that this is a very important position and we want to practice
affirmative action even in our own consideration of our candidates and we
also want to know how they think about the position that they are going to
be obtaining and would they have the time and the inclination to put into
the position. I don't know all of these things yet about these people.
Mayor Ferrer: Alright, I think...
Mrs. Gordon: I would move you would defer it.
Mayor Ferre: ... under
deferral and there is a
we can lust vote on it.
disagreement with this.
normal circumstances... alright, there is motion for
second. Let me talk about this for a second and then
Under normal circumstances I would not have any
Let me tell you why I disagree today, we have been
struggling with this thing since July. This is the fourth time this matter
has been put off and it's always with the same reason, that we haven't had
enough time to know the candidates, we don't know the candidates. Now, the
candidate's name... 1 submitted the name of Mr. Correa, the day after the last
City Commission Meeting. The last City Commission Meeting was in September.
Now, you had three weeks since the Clerk, I'm sure have passed that information
on to interview and call on Mr. Correa to talk to him and interview him. You
have had his name, his address, his phone number and all of his resume. Now,
I know that we are all busy, but certainly I think that four months is certainly
ample time for us to come to a conclusion on this. Now, last time it was Plummer's
fault and he was big enough to stand up and admit it and say "look, I have held
you back, I apologize, I accept the blame, we should have done this in August,
it's now September, it's my fault, but I am willing to reconsider this and I
promise you that by the next time I will be ready to vote". Now, Plummer has
voted and we have got this before us. I think it's time for us to make a
decision and I think we can't put this off any more. That means... Argues
resigned as I recall in June, then we had the question as to whether or not
he would resign and what have you and that was clarified in July. In effect
we have been all these months.we have had Civil Service meetings and basic
important decisions being made and a decision hasn't been... a lot of decisions
are pending and this is affecting the well being of this City and I think we
have got to come to a decision. I don't mind calling a Special Commission
Meeting if you want tomorrow or Saturday or Monday or Tuesday or you tell me,
but I think we cannot put this off another month. Saying that I will...
Mr. Plummer: Mr. Mayor, you know, what y, a say is history and it's true.
Let me say how I feel as to the importance of the decision. I took an
attitude and maybe wrongfully so, that if an individual was interested in
the job that that individual would seek to make an appointment with me.
Mrs. Cordon: That's exactly right.
!ir. Plummer; Now, in the case of the young lady who Mr. Reboso proferred.
Mr, Reboso told me this morning that there was a problem in communications
•
OCT 121978
fid if ahythiiigi it was his fault, that he felt that I was going to call het
r she was going to call me, but it was left up in the air. Now, you know,
Mr Mayor, I'm placed in a position of courtesy extended to me. Mrs. Gordon
has asked for the same courtesy and I don't feel that I can deny that courtesy
that was previously extended to me to he extended to her.
Mayor Ferre: That's fine and that makes three votes, but I wanted to tell you
this, I don't see any reason why you can't make that decision in the next two
or three days and I see no reason why... and you tell me or I will tell you
that I'm calling a Special Commission Meeting and you tell me what day you want
it because we are going to decide this.
Mrs. Gordon: Mr. Mayor, I appreciate your urgency at this moment in time,
but I do want you to know that we all have commitments that cannot be broken
and that we cannot fly hack into Miami because you have called a special
meeting.
Mayor Ferre: Will you be here at all next week?
Mrs. Gordon: Nc, sir, I will not.
Mayor Ferre: When is the next time you will be in town.
Mrs. Gordon:
morning. So
Mr. Plummer:
Mayor Ferre:
I will he gone for the next ten days, I'm leaving tom
I will not be here and...
Maurice, I will be gone all day tomorrow too.
Ten days is the 22. You will be back on Sunday.
Mrs. Gordon: No, I will not be back on Sunday, I will be back whatever
is the following week.
Mayor Ferre: Well, what day will you be back?
Mrs. Gordon: I don't really feel Mr. Mayor, that you should pressure us at,
this moment.
Mayor Ferre: Pressure from June thru October?
Mrs. Gordon: No, I'm saying that you are pressuring for a date and a time
righ this moment before the vote has been taken. I think you ought to call
the vote.
Rev. Gibson: Mr. Mayor, let...
Mayor Ferre:
Mr. Plummer:
Rev. Gibson:
Mayor Ferre:
Mr. Plummer:
Rev. Gibson:
would accuse
Pressure from June to October, that's pressure.
May I try to be...
No, no...
This is the most unbelievable politicin g that I have ever...
Can I try to offer an alternative, Mr. Mayor, in fairness?
Plummer, let me, before you offer your alternative, so nobody
me of you }snow,... all of next week I'm going to be in Washington.
The following week up until the very morning of our meeting, I'm going to
be in Raleigh, North Carolina. The very next day I'm leaving for Israel
an I won't be back here until the 3rd. Now, maybe the rest of us don't have
our schedule together, but I have mine together and I ain't going to attend...
you know, break those things because I planned them six months ahead...
Mayor Ferre: I understand. Nobody asked you that Father.
Rev. Gibson: ... I have told them. Ok.
Mayor Ferre: But I will tell you what, I will quote Rose Gordon. In many,
many occasions in the past there was important matters. I think this is
important enough that it be decided today, that I'm willing to stay here until_
midnight. Ok? Now, you go and do all the talking to all the candidates, I
don't care how you do it. Do your phone calls, do your checking, do... you
have had three weeks to do it and you haven't had enough time, fine,
5.
OCT 121978
1111111111111111111 IIIIIII Illlllllmiiniii ■ii
Mts. Gordon: Maurice, look.
Mayor Terre: How about tomorrow?
Mts. Gordon: I don't fret cynical
4omet-hine
Mayor Ferre: I'm quoting you, that your quote.
Mts. Gordon: I'm asking you not to be cynical with the either. ti asking
you to call the roll on this motion. Call the question.
Mayor Ferre: Rose, I'm going to call the question and I'm not being cynical,
I'm quoting you on many. many occasions that l;'11 stou have
e here told me
etthat
whenhti'•
said "let's put it off" and you sail "rope,
What's the matter, are you tired? De: : -eu want to stay here?
Mrs. Gordon: Mr. Mayor, 1 asked you to call the question. Now, do you want
to call for a vote on the quostion?
Mayor Ferre: Ca'l the roll.
TilEttEUPON THE FOREGOING MOTION TO DEFER ITEM NO. 26
to the next commission meeting was introduced by.
Commissioner Gordon, and seconded by Commissioner
Gibson. and was passed and adopted by unanimous vote.
bt3' ROLL CALL:
es
Mr. Plummer: Seen as how I haveuomtotments tis those commitmentsgandflnwill`notkbe
appointments to die, I must live i
available to midnight. 1, of course, vote "yes".
Mayor Ferre: 1. want to call a meeting tomorrow.
Mayor Ferre: 1 will now call
Special
tiie selection Commission
fetheng vacancyrthatthas oexiGt�d
in the morning, for the purposes
for six months on the Civil Service Board.
Mrs. Gordon: Mr. Mayor, I will nor be here.
Rev. Gibson: Mr. Mayor, I want to serve notice on the Commission, that unlike
some of you, I work for the church and we ain't going to change our service,
I got to be there...
Mayor Ferre: When is your service over, Father?
Rev. Gibson: Well, it will be over at 11 o'clock.
•
Mayor Ferre: I'll call the Commissioner Meeting...
problems with 12?
Mrs. Gordon: I. serve notice to you now, Mr. Mayor,.I will be out •o town
by 11 o'clock.
Mr. Plummer: I suggest you hold the meeting in Woodlawn Cemetery because
that's where 1 will be.
Mayor Ferre: And what time are you going to be through at Woodlawn Cemetery?
Mr, Plummer: You tell me how long the Preacher is going to take.
Mayor Ferre: Well, what time does your funeral starts?
Mr, Piam er:. 10.;30.,, J~�
Mayor Ferre: Well, we will call a meet here at 12:30, it will only take
few Minutes to vote.
Mts. Gordon: Again, I inform you Mt. Mayor, that I will not be here,,,
Mayor Ferre: We will miss you Mrs. Gordon, we will miss you.
Mts. Gordon: I realize that you would rather not have my vote and that's
apparent in many times, but I'm so notifying you right now, that you ate diifg
it knowing full well that I will not be here.
Mayor Ferre:
Mts. Gordon:
Mayor Ferre:
Mrs. Gordon:
You have had five months to vote on this...
You had enough
It isn't going
You don't know
time also, in many instances, sir,
your way, so you don't want it...
which way I am.
Mayor Ferre: As far as I'm concerned, unless... I see know reason why to put
this thing off any further and we will have a special Commission Meeting tomorrow
at 12:30 for the purposes of selecting the vacant seat on the Civil Service Board
which has been vacant for five months. Alright, we are now on item #7.
Rev. Gibson: And that's at 12:30?
Mayor Ferre:
Rev. Gibson:
Mr. Plummer:
Mayor Ferre:
If that's alright with you, I... you know...
No, no, no, I just want to write 12:30.
I'm not even writing it.
Now, I will be happy to make it any other time, as long as it
is within the next... well, you know, I will just
more important than anything c1st:•.
change it, that's all which is
27. PERSONAL APPEARANCE OF MRS. ELIZABETH VERRICK TO
REQUEST WAIVER OF FEES FOR A CONCERT BY ARETHA
FRANKLI!': OCTOBER 20 21 AT T:ME MIAMI MA7INE STADIUM.
Mayor Ferre: We are on item 7. Now, I have not had time in the two hours
that have passed to call Simonhoff, so I will call him in the next few minutes
and see if he is interested and we can come back. We are now on item #17.
Mr. Plummer: The public hearing?
Mr. Grassie: Yes, it is a public hearing, sir and it's set for 2:30.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Grassie: It is recommended that we go ahead with it.
� t
(BACKGROUND COMMENTS OFF THE PUBLIC RECORD)
Mayor Ferre: Oh, Mrs. Verrick, I'm sorry. Let's take your item up ntr
Go ahead, I apologize.
Mrs. Verrick: I promise not to take but a minute, Is this thing op?
Mayor Ferre: It's on.
Mrs. Verrick: I think you know the Bannerman Brothers and they have come to
us asking if we will sponsor a concert by Aretha Franklin with the Coconut
Grove Cares having a precentage of the net take and the only place that
Aretha Franklin wanted to sing was at the Miami Marine Stadium and so the
concerts are going to be the 20th and the 21st- Mrs. Stradley made the appointment
with me- of October and I came as usual begging to ask if you would waive the
fee for the Marine Stadium for those two nights?
Mayor Ferre: Is the waiver of the fee for the Marine Stadium on... for what
purpose is this?()
OCT 1 21978
Mrs. Verrick: October 20th and 21st
Mayof Ferre Yes, but is it for Coconut Grove
Mts. Verrick: The benefit... the percentage
Cates.
Of the tiet will cote to Coconut GtoVe
,'-Mayor Ferre: Well; now we have established a procedure for that haven't We
Mr. Manager?
Mr. Grassie: Yes, we have Mr. :Mayor and as much as we love Mrs, Verrick and
what she does for the City, we have to recommend to the City Commission that
to abide by the policy that you have established.`, This is an affair that will
be charging at a gate entrance fee and we would have to recommend against
the fee waiver.
Mayor Ferre: I don't think that comes as a surprise to you Elizabeth, we talked
about it a little while ago.
'•irs. Verrick: No, Yes.
Mr. Plummer: Mr. Mayor, excuse me, you know... Mr. Grassie, let me just explore
one thing with you. Unfortunately, Elizabeth only 10% is going to Coconut Groves
Cares.
Mrs. Verrick: Right.
Mr. Plummer: Mr. Grassie, Ism concerned that Coconut Grove Cares does do a lot
of work for this City. I can appreciate you know, and I'm the first one Elizabeth
to stand up here and I got to admit it, that screams about the Marine Stadium
losing money. I'm just wondering Mr. Grassie, if they are... since they are
only the recipient up to 10%, is there possibly some way that 10% of the fee
could be waived as it relates to that portion of the charity which is a help
to this City. Now, I don't know if that's an impossible formula to work out,
but you know, I surely cannot go to they others which are not beneficiaries...
the City is not a beneficiary, hut I can speak to them because I know, I work
for them. Now, what 1 would like to do is to refer to you Mr. Grassie, to see
if you can, if there is something that can.,where we can help those who directly
help us. Us the City and you know, that's a different ball game to someone who
is staging something for charity which is not at home. This charity happens to
be at home. Now, you know, 1 might be completely out of the ball game, I think
you get the trend of what I'm saying, that there is no question, for example,.
without Elizabeth and that Committee there would be no boxing, I will tell you.
There was many a rime when everybody... she was there to pick up the pieces
and hold them together. Now, you tell me, you know, if it's possible, maybe
it's setting a bad precident. But I just feel that it behooves me to maybe
say this City should remember those who remember them and there is no question
that this has been to the mark. Now, whether or not you can maybe work out
some formula, if you want to, you know, say it's impossible, but I had to say
that just for the record.
Mr. Grassie: We simpathize with the intent of what you are saying. I think
that in terms of maintaining the integrity of the City Commission's policy,
that way of accomplishing your end would probably be very difficult because it
would mean that there would be no excuse or reason for the City not to make
an exception , some kind of an exception for everybody else that came up. Now,
maybe there is some way that we can achieve a similar dollar amount for Mrs.
Verrick some other way and we could look at that. But I think that in terms
of your policy, it probably would not be in your best interest to...
Mr. Plummer: Fine, fine.
Mrs. Gordon: I think you have a good idea.
Mr. Plummer: Fine, I got no problem. I commend you,
Rev. Cordon: Mrs. Verrick, what the Manager is saving that probably he can
work out a method which will not hinder our policy or impair our policy. I
suggest that you are head of the game and you go talk with the Manager, either
today or tomorrow. Ok? If you leave it that way you may end up being the
winner.
Mrs. Verrick: I won't say another word except, thank you and please come to our
60
OCT 121978
30th anniversary celebration over at the new Dinner Key marvelous auditorium on
the l8th of November.
Mayor Ferre: Thank you, Elizabeth. Alright, do we need anything else on that?
23. PUBLIC HEARING - CONFIRM ORDERING RESOLUTION NO.
78-232 C AUTHORIZE CITY CLERK TO ADVERTISE FOR SEALED
BIDS - POINT VIE`4 HIGH!'!AY IMPROVEMENT H-4309 -
DEFERRED.
Mayor Ferre: Alright, now we have a public hearing at 2:30 which is item 17.
Is there anybody here that wishes to speak to the Commission on item 17?
Mr. Plummer: Seeing none Mr. Mayor, I will move it.
Mayor Ferre: Alright, there is a motion by Plummer and seconded by Gibson
on item 17.
Mrs. Gordon: Question on the item. Have all the people in that neighborhood
been notified about this public hearing?
Mr. Grassie: Yes, they have Commissioner.
Mrs. Gordon: All the owners of property there, because I happen to know that
there is and has been quite a bit of concern on the part of the people who
live there about this item and I feel a little uneasy about the fact that
nobody is here to speak about it knowing that I know that there is concern.
I know that you have had to have some special meetings that have been scheduled
for presentation to the neighborhood and so forth.
Mr. Grassie: Let's ask Mr. Parks to describe to you the letter notification
system that we go through, Commissioner.
?1r. Parks: On September 22nd we sent out a notification to the City Clerk
to put in the paper, so there was a public hearing annoucement...
Mrs. Gordon: Not put it to the paper, lots of people miss the notices in the
paper.
Mr. Parks: We also wrote to the property owners themselves and the individual
owners and we also sent letters to be posted in the condominiums so that they
could see them there and there was condominium meetings in which these people
were informed of this meeting. So as far as we can see they have been properly
notified.
Mrs. Gordon: Could we take a five minute recess, Mr. Mayor, so I may make a
telephone call and convince myself the people have received the notice?
Mayor Ferre: Alright, we will take a five minute recess at this time.
Mr. Plummer: Always in order.
Mrs. Gordon: Ok.
The Commission took a five minute recess.
Mayor Ferre; ,.. and at this time... Mr. Grassie, we are back on.
Mrs. Gordon: Ok, I made a call and I found out the parties were informed
and they were satisfied with the development as... the party I talked to.
Now, I don't know what the people here have to say, but the one I called
said that they were satisfied with the parking and the arrangement and that
Builders Committee apparently had approved it. Now, am I correct in that?
Mayor Ferre: Alright, are there any further questions ladies...
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
61.
OCT i21918
Mayor Fette: Yes, sir? Wit a minute, there is a gentleman that wants to
speak.
Mrs. Gordon: If this gentleman wants to speak. I would like to hear frortt him.
Mt. Bliss: I'm Alan Bliss, 1.602 Southeast Bayshore Drive. We had two meetings
of the five buildings along that street. The first one I think, was in May
there was a great deal of opposition to the plan that was put up. The next one
was in July 25th and there were only SO people there out of approximately two
thousand people. They were very much opposed to the land being build in front
of that property. 1 am very much opposed to it. I talked to two or three people
in the different ecological groups that are very much opposed to the bay being
filled in some more. This plan was shown last week to these people here in one
building. I don't know who else it was shown to, but it's not the plans that
we were even shown up until. July 25th.
Mayor Ferre: Tell me what your objections are to it.
Mr. Bliss: My objection right now is the people don't even know what the plan
is, at least the people that I know don't know. I don't know how the other
buildings saw this plan, but this was last week, this plan came out...
Mrs. Gordon: You didn't see this at all.?
Mr. Bliss: No, not until today, right now.
Mayor Ferre: Well, why is that?
Mr. Bliss: These are not the plans that
Mrs. Gordon: Mr. Grimm?
Mr. Grimm: Mr. Mayor and members of the Commission...
Mr. Bliss: The plan that was shown the last time was a
middle of the highway.
center parking down the
Mr. Grimm: ... I can't let Mr. Bliss say that to this Commission. This plan,
this district has been conformed since 1969.
Mrs. Gordon: No, this plan...
Mr. Grimm: Yes, Ma'am. It has taken us this long to get around to acquiring
titles to these out -lots and we felt that it would be imprudent on our part
to proceed with this plan without reconfirming this. Mr. Bliss, has opposed
this from the very on step.
Mr. Bliss: And still am. But Mr. , showed us one on the light and that's
not the one.
Mr. Grimm: But don't say to this Commission, that this plan wasn't presented.
Mr. Bliss: It was not presented to us, sir.
Mr. Grimm: This district just like it is was proposed since 1969.
Mr. Bliss: In 1969 I didn't own the land so I certainly didn't see it
Mayor Ferre: Well, let me tell you that I did.
Mr, Bliss: But this is not shown...
Mayor Ferre: Let me tell you that I saw this, it's the very same...
and you will find on the record, I think, about the harshest words I
on this Commission were with Mel Reese in the year 1969 on this very
I had
have had
plan.
Mr. Bliss: Mayor Ferre, were we supposed to he deciding or agreeing to a
plan?
Mayor Ferre:
decide.
No, you are not supposed to be deciding, we are supposed to
62
OCT l21978
Mt. Bliss: We had two meetings and never saw the plan. Oh, pardon me,
Well, what. were out meetings for then?
Mayor Ferre: But you know, I think you are entitled to state vout objections
and discuss it and complain and do everything you want and I think this Coiitmission
has the responsibility to listen to you and weigh very carefully what you have
got to say and then this Commission has the responsibility to make a decision,
Mr. Bliss: May T start over then?
Mayor Ferre: Sure.
Mr. Bliss: The Public Works Department, I believe, asked us to come to a
meeting for a proposal. The proposal was what was going to be done there.
Now, if it had already been decided, there was no reason for that meeting. At
that meeting they showed us the plan. Almost all the majority objected strongly
to it, that was in May, nothing more was heard until July 25th or a week before
or ten days before when another meeting was held. No. 80 some people showed up
at the second meeting. At the second ;meting there was a plan that was shown,
that showed highway parking down the center of the parking of the street with
eight foot on either side for a driveway. In other words, there would be two
lanes with parking down the center.
Mayor Ferre: Is that what you recommend, Mr. Bliss? Well, what do you want?
What would you like to see there? Let's start with that one. Nothing, green
pasture, close the road,...
Mr. Bliss: Mayor Ferre? Would you like to have a meeting and observe something
and then find you are voting on something different?
Mayor Ferre: No, I. just want to know from you what it is that you would like
there, because you might be right and you might be able to,... you know, you
might turn my vote on this thing. What would you like there?
Mr. Bliss: I don't think I have got a right to vote for the or to Hake my
opinion only for all the people on the street...
Mayor Ferre: I'm not asking you their opinion.
Mr. Bliss: Alright, I will answer your question. I don't believe
being filled in.
Mayor Ferre: In the what?
Mr. Bliss: I don't believe in the bay being filled in. And Mr. Grimm and...
Mayor Ferre: You mean the little triangle pieces that's marked as green area
there. Is that what you mean?
Mr. Bliss: Yes. How many square feet are there, it's quite a few?
Mayor Ferre: It doesn't look like much.
Mr. Bliss: No, it depends where it was before I'm sure, but it'
area. I tell you what it would do... (Inaudible)
Mayor Ferre: If we didn't put parking there, would you be in favor
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Oh, I see. Would you rather that we leave it just the way
Mr. Bliss: I think the street should be improved, I think the street could be
improved. I don't think there has been any work done on it probably since
1969, it was the pressure I think, to give them the out —lots and we don't fix
the street until you give us the out lots. But I don't see any reason to
fill the bay and... we bought that... I paid $6,000 for my out —lot and when
I gave it up, they said it was going to be for street improvements. Now, I
be damn if that's a street improvement.
Mr. Plummer: Mr. Bliss, refesh my memory, sir, when you were here before the
Commission before. What did you agree to do in behalf ables to put your club
in there? What was your agreement with this Commission?
63
OCT 121978
Mr, Bliss: l sighed off the out lot.
Mt. Plummer: Now, that's what I recalled. Alright, thank your
Mr. Bliss: I also signed off with the understanding I had ripariantig1,ta
Mr. Plummer: Is that denied to you with this?
Mr. Bliss: According to the City Attorney's Office.
Mayor Ferre: Now, I understand. I want to understand what this is all
about and now I understand and I think you are right. What you are saying is
that the City is denying you your riparian rights, that's what this is really
all about.
Mr. Bliss: No, sir, that's... no, I am de:initely against on the bay any
where. But I also know that Mr. Grimm said at that same City Commission Meeting
that they would no longer oppose us trying to get docks out front. I also received
a letter four months later or five months later from the Core of Amy Engineers
saying that " seeing as we could not resolve our problem with the City, they were
refusing us any right to build our docks". So, the City backed out on their
agreement too.
Mayor Ferre: Mr. Grimm, do you agree with that?
Mr. Grimm: Of course, I'm not going to agree to that, that's mixing apples and
oranges again and I don't like to get personal and very seldom do in front of
this Commission.
Mr. Bliss: Well, don't.
Mr. Grimm: But that's one of Mr. Bliss's favorite tricks.
Mr. Bliss: Do you know me that well, Mr. Grimm?
Mr. Grimm: The City of Miami issues permits for people to build things in the
bays of this water subject to their being approved by other agencies. In this
case was the Core of Engineers and the Trustees would have to approve these
permits. Even if we issued him a permit that would not guarantee his right to
build it and it's just that simple.
Mr. Bliss: Sir, that is not that simple. Mr. Grimm had called or written to the
Core of Amy Engineers opposing this.
Mr. Plummer: Have you got a copy of the letter?
Mr. Bliss: Yes, sir, I do and I've got a copy of their letter back to me...
Mr. Grimm: Yes, and if he will put that in the proper sequence of history,
that will be before we owned title to the out lot.
Mr. Bliss: No, sir, it is not and right now...
Mr. Plummer: Mr. Mayor, in the interest of all I would suggest that this be
sent back to the administration, get the sequence of history down, let's
protect Mr. Bliss's rights, let's protect the City's rights and bring it back
before this Commission. Two people standing up here having violent disagreements
about their parental heritage is not really in good thinking.
Mayor Ferre: And then why don't you call another public meeting where all
of neighbors can come and see it again.
Mr. Bliss: That would be the fairest thing of all, sir.
Mayor Ferre: Ok, and then would you put it back on the November agenda if-,
we can do it by then, if not, December. Ok?
Mr, Bliss: Because I know most of the people have never seen this plan.
Mayor Ferre: Let me put it to you this way Joe. I have been waiting ten
years for this and a couple of months isn't going to make any differents.
Mr. Bliss: Mr. Mayor, didn't this start out as a highway from Rickenbacker
Causeway all of the way Downtown?
64 OCT 121978
Mayor Ferre: I wasn't involved in the Commission then, you are talking about
20 years ago.
Mt. Bliss: Weil, that's the same plans I hope,,,
Mayor Ferre: Yes.
Mr, Plummer: Well, I want to tell you Mr,
in that corner for me.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: We won't: ask you why.
Mr. Plummer: I watch a lot of submarine. races
Mayor Ferre: Alright, thank you, •}r. Bliss.
The following motion was introduced by Cotmissioner Plummet
its adoption.
MOTION NO. 78-652
A MOTION DEFERRING CONSIDERATION OF CONFIRMING
ORDERING RESOLUTION NO. 78-232, ("POINT VIEW
HIGHWAY IMPROVEMENT li-4309"), REFERRING THIS MATTER
BACK TO THE ADMINISTRATION FOR RECOMMENDATION AND
FURTHER RESCHEDULING THE PUBLIC HEARING FOR
NOVEMBER 9, 1978.
Upon being seconded by Commissioner Gibson, the motion was passed
adopted by the following
AYES:
NOES: None.
vote:
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Manolo Reboso
Mayor Maurice A. Ferre
29. INTERNATIONAL FOLK FESTIVAL - PERSONAL APPEARANCE
OF MR. MORTY FREEDMAN - DEFER2ED.
Mayor Ferre: I guess what... I tried to get a hold of... Marty, I'm sorry.
We have a International Folk Festival. Mr. Friedman?
Mr. Friedman: Mr. Mayor, we are here... I asked our Committee not to attend
today because most of them couldn't come at this hour of the day any how and
they have been here twice before.
Mayor Ferre: Well, we will assume they were all here, it doesn't make any
difference.
Mr. Friedman: And we had a meeting Tuesday night and we went over the
budget item, by item again and the members are unanimous in asking that
this budget be granted to them. There are four points that we would like to
make today. One, we would like to ask you to approve our budget. Two, we would
like to ask to have the ability to transfer items within the budget if find
we can save on one, that we can spend it on another where it's necessary.
I understand that that's... we have had some difficulty in doing that the
pass year. Third item, we would like to have the ability to draw on the funds
that the Committee generates in addition to the funds that the City appropriates.
And the way it's been in the past, we have had to go through a special
resolution to use the funds that are derived from income from the food
booths and so forth and that delayed payment to a let of the people involved
in the festival. And then the fourth thing is, we would like to have some
kind of a policy on the use of the festival food booths which were paid for
out of our budgets and which are lend out to other festivals and in a sense
compete with our own festival. Because Cie City lends them out free of charge
65 OCT 1�,1918
we theh charge the people who are in the Folk Festival to use the booths and
A lot of them say why come to the Folk Festival when we can get it ftee ftot
somebody else, our own booths.
Mayor Ferre: In other words it similar to the problem that we have with the
peddlers in the Coconut Grove Art Festival.
Mr. Friedman: I'm not familiar with that, Mr. Mayor.
Mr. Plummer: Renegades, Marty. Renegades.
Mr, Friedman: Yes.
Mayor Ferre: Alright, I caught three of these things, I didn't caught the;
fourth. One was the approval of the budget, one is the transfer of payments
and the other one is the food booths. Now, what was the fourth?
Mr. Friedman: And then the other one was the ability... in other words, letting
us have the money that generated from the income from the booths..,
Mayor Ferre: Well, that's what I said, payments.
Mr. Friedman: ... and concession to go ahead a expend that as we do the City's
appropriation. The way it is now we have to come back for a special resolution
of the City Commission and then there is a big delay in paying people who we
owed money.
Mayor Ferre: That makes three things, what the fourth?
Mr. Friedman: The other one was to be able to transfer within this budget one
item to another. In other words, if we can save a thousand dollars on one item
because some group is not attending that we thought would be attending, then we
would like to use that money for another expense that we might have- within the
overall budget. In other words;it wouldn't cost the City any more.
Mr. Plummer: Alright, Mr. Mayor, let me make a suggestion to you. Marty put
this on our desk today, I think Marty we should have the right to go over this
item, the Manager should have the right, to ask questions if we wish and then
let's bring this item hack up on the next Commission Meeting which is the 24th.
Mr. Friedman: That's fine with me, but we have gone through all this. We gave
you the same budget several weeks ago.
Mr. Plummer: And I'm going to tell you I haven't gone through it. Ok,...
Mr. Friedman: Yes, and we met with the administration too, since then.
Mr. Plummer: Well, the Manager indicates to me he has not seen this particular
budget.
Mr. Friedman: Well, I tried to get together with you Mr. Grassie and you h
me see Mr. Cortina yesterday, the first time he could see us.
Mr. Grassie: You just put this on the desk today.
Mr. Friedman: No, but we had a meeting with Mr. Cortina at your request.
Mayor Ferre: Let me tell you where I stand Mr. Friedman so you will know a
head of time. In the first place, I agree with you about the food booths,
I think that makes sense and I think we ought to do something to protect the
International Folk Festival. I also think that you are right about the question
of payments to the people in the food booths. However, with regards to
transfer, 1 am violently opposed to not having some control over the $74,000
proposed budget, so that somebody might arbitrarily cut $5,000 off of one
important event, like the bicycle event and not come back to this Commission.
This is a City of Miami event and therefore, I think... somehow 1 don't mine
designating a Commissioner and Mrs. Gordon wants to assume the responsibility
I've got no... or Mr, Plummer or anybody else.
Mr. Friedman: Let me explain Mr, Mayor, this is,,.
6
OCT 121978
MAyot Fette: I've got rto problem with that, but I think that somebody here-
I don't want to find out post -facto that $10,000 has been swifted from one
Category to another.
Mr. Friedman: Let me explain...
Mayor Ferre: Let me finish and then I will recognize you. Now, with regards
to the budget, I have and I have not mentioned this because it the past, I figured well.
let's let this thing go, but I am going to mention it today. I am strongly
opposed to the taxpayers of the City subsidizing a dance. Mr. Grassie?
Mr. Plummer: Mr. Grassie?
Mayor Ferre: I want you to listen to this because...
Mr. Grassie: We are trying to get some gJite for you, so we can hear you.
Mayor Ferre: I'm opposed to the taxpayers of this City paying for a nice big
beautiful dance or ball or what have you. I've got no objections for the music
talent, the parade of nations, the food and lodging for visiting people, the
local transportation, booths, the dances, the parade, those all serve what I
think is a general public purpose. But for us to be putting $10,000 of
taxpayers monies into a hall where all•of the people are not able to go and
it cost us, as I recalled we are subsidizing it to the extent... the ball
costed $9,600. However, did we have...
Mrs. Gordon: What's the income in it?
Mr. Friedman: Mr. Mayor, the ball is paid for by the people who
ball. The City doesn't put on cent into the it.
Mayor Ferre: The International Ball doesn't cost us any money?
Mrs. Gordon: No.
Mr. Friedman: Doesn't cost one cent. In fact, it makes money for the festival,
that's why we hold it.
Mayor Ferre: I'm glad that's on the record and thank you, for correcting me on
it.
Mr. Friedman: Last year they paid $16.00 per person to attend.
Mayor Ferre: Ok, that's the only thing I have on the budget. Now, I will
recognize you, Mr. Friedman.
Mr. Friedman: Well, I... on the yellow sheet that mentions the major increases
is the explanation of the additional funds we are asking over what has been
budget. And the past two years as you know, we received '$11,000... excuse me,
$18,000- $19,000 in cash and $11,000 in -kind services which in effect, means
that last year we received due to inflation 10% less than the year before.
So we are asking to go back to approximately where we were three years ago
when we had 30,000 in cash and 15,000 in in kind services and I would like to
stress that the members of the festival committee have gone over this, they
had a meeting the other night and we've had several meetings on it and they
feel that very strongly, that this festival differs from any other in that
it is for everybody and by everybody- Asiatics, Europeans, Latins, Blacks,
everybody.
Mayor Ferre: What's the implication of that Mr. Friedman? Why don't you
explain that further. Do you think that perhaps we shouldn't have festivals
for the black people in the Grove, the Goombay Festival?
Mr. Friedman: Not at all, not at all, I think that's wonderful.
Mayor Ferre: Are you opposed to the Little Havana Festival?
Mrs. Gordon: Oh, Maurice, I think you are being awful, I really do.
Mr. Friedman: No, I don't know why you should accuse me of that, knowing
me as you do.
67
OCT 121978
■MM
Mayor Fette: Well, then why do you keep stressing everytime you come up here
that this is a festival for all of the people.
Mt. Friedman: Because I didn't... Exactly, because it is not for any one
patticular ethnic group or nationality.
Mayor Ferre: Well, what's wrong with having a festival for Greeks or for the
Bahamians or for the Cubans or for anybody else?
Mr. Friedman: Nothing at all. They do that within this festival, that's the
whole idea.
Mayor Ferre: Well, let me... you know, I don't see that there is anything
wrong with that.
Mr. Friedman: And that what this is all about, Mr. Mayor.
Mayor Ferre: And just want to make sure that you put into the record that
you don't really have any objections to the City being involved in Latin
Festivals or Black Festivals or anything else.
Mr. Friedman: I have no objection at all.
Mayor Ferre: Ok,
Mr. Friedman: But I think that this festival should receive more than any other
for the simple reason that it caters to everybody and represents all of the
nationalities.
Mayor Ferre: Is there anything else that you wish to add?
Mr. Friedman: That's it.
Mayor Ferre: Thank you, we will take it up then at the next Commission
Meeting as recommended by... Are you making that in the form of a motion?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Plummer: Well, with the
intent
come backMayor,
withthat
histrecommendationsbe surendered tandhit
Manager- he now has a copy -and to
gives us the Commission time
to
o ask
Mcr. Friedman
onany
tyequestions that we wish
and hopefully we will bring it
Mayor Ferre: Alright.
Mr. Friedman: Thank you, very much.
Rev. Gibson: Mr. Mayor, I would like to..
right?
Mayor Ferre: Look, you could... yes.
Mr. Plummer: I assume. Well, no you don't
was just a personal appearance
really need a vote
30. STATEMENT BY COMMISSIONER GIBSON REGARDING REPORT
MA0L v:P T. OF Hvi4Ar4 Rt:.SOORCcS TO Tnc CIVIL
SERVICE BOARD - MEETING OF COMMUNITY RELATIONS BOARD.
Rev. Gibson: Mr. Favor, let MP make r•:rntion of a matter that came to my
attention. T received in the mail a invitation on the Community Relations
Board. Mr. Manager, T want you to hear this and I want all the staff to hear
this and what the Community Relation's Board in their next program will be
doing, 'Mr. Mayor, is to deal with a matter that you brought up and I accentuated
at the last City Csmmissi.c'n Meeting. You remember you pointed out about
affirmative action and the hiring, and firing and the number of Police and the
number of people and the number blacks in
Lhe Police Department and all of
that. Let me tell you what hapnened, tw^ things. I was in this building
by accident- I don't come down he-e very often unless there is a Commission
Meeting, but maybe that's my disadvantage- I heart. the Human Resource Department
reporting to the Civil Serv!..ce Board on that very same item and it would he
interesting Mr. Mayor, to have them give you the answer that they gave them.
Mr. Plummer: Say that again.
Rev. Gibson: It would be interesting for the Human Resources Department to
give you- the Mavor who raised the question, how come there are fewer blacks
in the Police Department than you had when you had the Consent Decree? You remember
you raised that question. It would be interesting for you to get the same
answer. Now, it is very interesting that the Community Relation's Board which
is a Board that comprises or takes care of the entire County, has taken up a
hiring policy and all of this business as their main discussion. What really
worries me, Mr. Mavor, and 1 want vnu to hear this and there are four or five
of us because we are responsible. 1 wonder if the administration is going to
be there -and I don't mean in this instance, the third and fourth in command -
going to be there so that you can sensitize us as to what their real concerns
are and what they are driving at. You know. let me tell you as a black- I
hate to do this- very few people get concern about my interest, very few
people get concern about what happens to me. I would hope that you aren't
going to have the court have us tried in court behind our backs. Do you know
what I'm saving, Mr. Manager or do von understand what I'm saying when I say
that I don't want to he tried in court and I'm not there. Now, the only people
who could answer those questions and defend our position and talk about
where you are leading us, you know, you all are going to hear me. I say that
if the order came from the top down, you know, a lot ofIpeoplets,tart uget s angetting
messages and I'm terribly concerned to hear they are going to
would hope Mr. Manager, that you would calm this sin, be willing, be loving
to go here and come back here and tell us, because let me tell you, there
ain't nobody could answer like you, because once you hear it, you know where
they are going. And you know what I heard? Well, maybe you don't care. Some
of those people are getting ready to go to the Federal Government and I know
the is no better, but the one thing I have to say about my Mayor, I
may always say "look, I'm not responsible for them, I'm responsible for us"
and Mr. Mayor, to me it is sufficiently important and urgent, that if they
k
are going to talk about cls•'withrtthe� Mayor, lE'notcwithops me,k'not with Roseith you, not Gheicause
Plummer, not with Reboso, not
the staff is yours not ours. You belong to us.
Mr. Grassie: I understand you concern Commissioner.
Rev. Gibson: Yes, siree and T would like to get some response.
Mayor Ferre: He is not worried about whether you understand his concern,
what he is worried about...
Rev. Gibson: Ahh, amen, amen, hallelujah.
Mr, Plummer: Translating, translating.
Rev, Gibson: That's right.
Mayor Ferre: Go ahead and then.
OCT 171978
omaa
Mt Pi.uinu►er: Well, let me tell you...
`4te Grassie: Well, just for the information of the iite bets of the Cottmissiofi,
the City is going to be very much apart of a meeting tomortow with the Cotuituhity
Relation's Board. As a matter of fact, I think that discussions with
representatives, so the City will probably take up a good portion of that meeting.
I don't expect that it is going to be in the nature of a trial of the City, but
I do anticipate that there are going to be some very difficult questions asked
and it's going to he not easy to get everybody to the same level of information
with regard to what the history has been and I'm sure that there will be a number
of points that will require a lot of discussion. Now, that... we would be happy, of
course, to report back to the City Commission and give you a sense of the direction
of the Community Relation's Board. But I think that their basic aim is not so
much to trial us as it were as to discover for themselves and thereby for the
whole community, just what kind of progress has been made, what the impediments
have been and what the prospect is for the future. And I think that in that
vain we are going to be able to analyze the record of the City and determine
really to everyone satisfaction, what's been happening.
Rev. Gibson: I hear what you are saying and I appreciate that, that's for a
nice answer. Now, what I didn't get Mr. Mayor, is Mr. Manager, there ain't
nobody sets the tone for the City like you.
Mr. Grassie: I agree with that.
Rev. Gipson: Beautiful, that's why you are the Manager.
Mr. Grassie: Now, the other thing that I think that we have to say,because it's
you know, it's fair to all of us and it's fair first to the City Commission, but
you know, also to the administration, is that we've got to act- in this public
life that we are in- we've got to act within the context of our environment and
there is a difference between what we like and what in fact any of us no matter
what our motivations are can get accomplished. And it's the better part of
wisdom to he able to understand that context and put our effort, you know, in
that context and al] I'm saying is that I think that we would welcome being
measured in the last two •,ears by any reasonable yard stick and maybe one of
our faults in this areas is that in fact that we have not talked enough about
what has been happening. But I suspect that this discussion with the Community
Relation's Board will be a step in the direction of setting up a yard stick,
so that all of us can have a better judgement of just what has been happening.
Rev. Gibson:
other thing.
Mr. Grassie:
apparently.
Mr. Manager, you and I are together, but I'm not hearing that
You see, let me tell you...
There is something you want me to say that I haven't said
Rev. Gibson: Mr. Mayor, let me tell you Mr. Mayor
who sets tone for Christ Episcopal Church?
Mr. Grassie: You.
Rev. Gibson: You doggone right.
Mr. Plummer: Thelma.
what I learned. You know.
Rev. Gibson: You doggone... well, Thelma and I. Ok, what I'm saying is, I
would feel far more comfortable... Mr. Manager, let me tell you what experience
as taught me. If you were there you could help to tone down and set a tone
such as nobody could set. You know, when my secretary tells the people "Father
is going to call you back". You know what?, some people get mad. When I
say to the people "Well, Father will call you back", even though I may not call them
back, they don't get mad. Do you understand? And an awful lot depends on that,
an awful lot and 1 would hope Mr. Manager, so that 1 could live with a relative
degree of ease• and comfort, that you would do me the favor, a personal favor
of going there so you could set the tone. I have very little faith- that's the
way we do it in the Episcopal. Church, the Bishop doesn't send those other guys,
the Bishop goes himself because he knows that he makes the decisions. I can't
relate to these other business enterprises, but I could tell you how it's done
in the church. Man when that Bishop comes out
70
OCT 121978
111111111111111111111111111111111111111111111
Rev. Gibson: (cont'd) ... wrong right or wrong when he gets through everybody
says, "Well ---". Do you understand what I'm saying? And Mr. Manager, I am
going to look with anxiety. This to me is a must to keep, you know?
Mr. Grassie: It's a favor that's done, it's done, Commissioner. I understand.
Rev. Gibson: You may not do a thing but man, your presence does so much. Okay?
Now maybe I'm over estimating but I want to promise you I believe your presence
will say a whole lot and a lot of folk who've got something to say may want to
say it, they may still say it but they'll say it with a different attitude. Do
you understand what I mean? Ok, beautiful.
Mr. Plummer: Rose, do you know where I can buy a bow tie that looks like a white
collar?
Rev. Gibson: I know, come see me.
Mr. Plummer: Mr. Grassie, let me just interject two points: (1) let me read
between the lines of FAther Gibson and give you a little history of a danger.
A danger is exactly what you have just said but didn't say the rest. It has been
a common practice in this Lown tomorrow will not be a trial but the conviction
will be. Now, all I'm saying is that these things have a way of turning in which
it is taken for testimony to try and establish facts but convictions and minds
are made up without a full input and I think what Father is scared of and I would
be likewise, that the adjudication of innocence or guilt will be made without the
trial and I think you know what I'm saying. The second point that upsets me, and
I have to put on the record is I was not privy as Father was to walk in on a
meeting in progress. It does upset me that the Human Resources Department or
any department would be making a report obviously as vital as what Father brings
forth without making that report to this Commission first. It gives the indica-
tion and overtones that it is being washed everywhere else before it is presented
here. I'm not saying that's the case but that's the overtone. I think anything
that is this important especially in this particular case where the Mayor himself
asked the question that if any report was forthcoming if nothing more than common
courtesy, it would he made to that person who asked th& question namely the Mayor
of this City and indirectly this Commission. This is where the buck stops, this
is where all decisions are supposed to be made. I would just suggest in the
future that any department or any report that is as vital as this one is that it
first be made to this Commission and then if others wish to be priviledged to
that information and cannot be at this meeting that meetings be arranged for them
after this Commission has been informed. I'm not speaking to this particular
point even though I am but I'm hoping that this will be in the future the trend
will be here first and others after.
Mr. Grassie: In general, Commissioner, we agree with your entirely. There are
cases in which you ask us, and for example, the Affirmative Action Board is an
example of this, you ask us to actually talk about recommendations with these
advisory boards before we come to the City Commission and we try to do that.
In the case that you're talking about I don't know the specifics but I am aware
of the fact that there is not a written report that deals with the Mayor's ques-
tion that is new. I suspect that a member of the Civil Service Board asked a
question and the staff probably responded and it is that kind of a verbal comment
that we're dealing with but I will, of course, verify that there is not something
in writing and anything that is in writing will be forwarded to you.
Mr. Plummer: Well, it seems appropriate to me that when the Mayor asked the
question the answer was, "I will have to go back and do research" that the same
answer would apply until the answer is first given to the Mayor.
Mr. Grassie: At this point we don't .even know what the question was.
Mr. Plummer: Well, Ok, you know sometimes the question is asked by the answer
or the answer molds the question, I hope that is not the case.
O C T 121978
31. PRESENTATION OF PLAQUE 73 MR. I RW I N UPON THE
OCCASION OF HIS LEAVING THL
Mr. Plummer: Mr. Mayor, may I please take just a moment and impose on the Commis-
lion? Tomorrow we will be experiencing the retirement of an individual who has
:;erved th5s City with great dedication. It yoes beyond just the normal 8 to 5
job, it is a man who has served the Pension Boards in the capacity as an employee
of this City that has gone many many times over that and spent a great deal of
time in service to this City. it is most unfortunate that he will be out of this
City in his future employment, we're going to miss him and his advice and his coun-
sel and Mr. Mazin, if you and your wife would come forward, Mr. Mayor, I would
ask that you present this on behalf of Rose and I to Mr. Mazin so that we can wish
him weli.
Mayor Ferre: All right, Mr. Mazin, if you would step forward and Rose and J. L.
will make this presentation to you.
Thereupon Mayor Ferre presented Mr. Mazin with a plaque for his service to the
Retirement System Board and Retirement Plan Hoard from 1974 to 1978.
32. SCHOOL RESOURCE OFFICER PROGRAM - SCHOOL BOARD'S
DECISION NOT TO FUND.
Mayor Ferre: Mr. Plummer, you can give us your report on the School Board.
Mr. Plummer: What the hell did I do with it?
Mayor Ferre: You have it right in front of you, if not here's my copy of it.
Mr. Plummer: Oh, here it is. Mr. Mayor, as you requested Mr. Grassie and I
appeared before the School Board and the one point, it is a written report what
I did, the one point that I want to emphasize is on page 2 under School Resource
Officer Program and I think that this Commission should note as Mr. Grassie's
ears lit up and his bow tie did a propeller, the School Board has told us that
there will definitely be no funds forthcoming for this year for School Resource
Officers, that they're sorry that they don't have the money but it was left when
we left that place that if no member of the board made a motion to the contrary
that that program as far as they were concerned would not be funded. I informed
them that this City had gone to the extent of placing that in the Police Depart-
ment's budget so that it would not be in a year-to-year jeopardy, that by doing
such at best that program would have to be cut 50% and possibly could destroy
the program. Even with this plea there was no motion and conceivably will be no
motion for their 50% of that program. So I just want to bring that to your
attention. As far as the rest of the things are concerned, I want to tell you
that the attitude, and I'll let Mr. Grassie observe his attitude, the School Board
did not want to really hear what we had done for them in the past. They didn't
want to hear that we had spent and committed really millions of dollars for and
in behalf of the School Board. What they really wanted to talk to was the future
forgetting the past in reference to that which you asked this Commission to get
and that was the Highland Park School. They want to talk about swapping some of
our property in the Government Complex for that. In other words what we've done
in the past, the attitude is thank you but that's a closed door, now you want
something from us, we want to talk about swapping something in the Government
Center. So I think this Commission should be well aware of the attitude. Mr.
Grassie, please, if your observations were different please feel free to express
at this time. M.r. Grassie was very smart at that meeting, he never said a word
so he doesn't have to be accountable at a later time. But if your observations
were any different please express them or anything you'd like to add.
Mayor Ferre: Well, the question is whether or not they owe us the money and you
know we could spend a lot of time discussing that. We think they owe us some
money, they don't seem to want to agree to that.
Mr. Plummer: Well, they acknowledged that we have done a lot of things in the
past.
Mayor Ferre: The truth of the matter is that Rose Gordon, Paul Andrews and I
went down there and they went on the record saying they were going to do some-
thing and we came back and reported it. So it's on the record. It's not a matter
'7?
OCT 191978
of whether they don't remember or they don't know whether we did or didn't, they
did. And it is on the record and they voted ;:n i_ and it's a matter of history,
they can go back and, you can go back and research it.
Mr, Plummer: We did, we gave them the history.
Pi:v. Gibson: Mr. Mayor and members of the Commission, I find it repulsive and
regurgitating that a School Board that is charged with the responsibility of
,'.ti.ng examples for my children will act in such an irresponsible callous fashion:`
Mr. Plummer: Father, excuse me. Your comments are a little premature.
Rev. Gibson: Well, are you through?
Mr. Plummer: I should have added one more comment.
Rev. Gibson: All right, let me get the other one then because I want to finish.
Mr. Plummer: Father, Dr. Jones took exception with this even being discussed at
the Board level and wanted it to be sent back to staff for future discussion. So
as far as the Highland Park that is not a complete dead issue. We also made a
very long and loud plea for Latin Park, But they did not want it discussed at
the Board level, so it is not the closed door except on the issue of School Re-
source Officers. That door is closed as far as they are concerned.
Rev. Gibson: I'm not worried about that, I'm worried about an obligation and a
commitment. If what the Mayor has told me is what was represented, and I have
no reason to disbelieve him, I remember vividly when the report the report was
made when they came back here. And I find it incredible that a board that heads
the only agency knowingly to guide and direct my children will act in such a fash-
ion. I resent it and I hope the newspaper tells them I said so - if you don't
tell them you wouldn't be doing them a service.
Mayor Ferre: Well, let me put it this way, Father. You're right, however, I
will feel much better if they transfer a $280,000 or whatever it is Riverside
Park that they own to us. I think if they do that without charging us anything
that they....
Mr. Plummer: (NOT USING MICROPHONE) Mr. Mayor, the indication that we had was
that they were receptive....
Mayor Ferre: That will make up for it.
Mr. Plummer: ...to swap for some property that we own in the Government Center
for that.
r
Mrs. Gordon: What do we have in the Government Center?
Mayor Ferre: Well, but that may not be bad you see because by swapping what we
may swap is air rights. We may give them some air rights on top of a garage or
something for them to build their building. It's not bad. So you know that's
all right as long as they're still in the game and we're still talking. I know
what piece they want, the J. L. Plummer Park in downtown next to the Police Sta-
tion. (INAUDIBLE COMMENTS BY COMMISSIONER PLUMMER) Well, they're not going to
get it that way but we may if we end up, you know there may be a place for us in
there, we may have a joint building.
Mr. Plummer: Well, Mr. Mayor, I merely make my report to you and the Commission
because I was asked by you to go and represent us (NOT USING MICROPHONE).
Mayor Ferre: Well, I'll tell you how we change it. How we change it, I'm sorry,
is good -by Officer Resource Program and one thing that I will strongly maintain
is the one where we get a 6 to 1 basis which is the Community Schools, right?
Ten to one - that I'm going to vote for. I don't care what they do because that
gives us 10 to 1.
Mrs. Gordon: What?
Mayor Ferre: Community Schools.
Mrs. Gordon: Oh, of course.
Mayor Ferre: But the other one I'm not, you know hey, l don't see why we should
give them police service there if they're not willing to cooperate with us.
73
O C T 121978
MEW
istmomi
ENE
E
M
Mr. Plummer: (NOT USING MICROPHONE) Mr. ,;, ydr , in '.he same voice as they
cloned many doors almost unani-rtrusly this Commission to please fund
both of those: programs.
Rey Gibson: Come on, rnan.
Mr.. Plummer: At 1 right or wrong?
ttit;ur I"erre: Well, you know that's why Ws always good to haVe an opeh door
for negotiations. Let's not slam the door, the door is always open for negot-
iations. However, if they want us to scratch the left hand1sornebody is going to
have to scratch the right hand. So it's all right, we're learning. Is there
anything else, Mr. Plummer?
Mr, Plummer: No, sir, I would just like to invite all members of the Commission
that could maybe be available on Saturday night, not this coming but the Saturday
following the 21st of October there will be a convention at the Diplomat in Holly-
wood in which there is conceivably a President of that organization of that organ-
ization going to be chosen from Miami end I would like you if you can, any of the
Commission to be my guest that evening.
Mrs. Gordon: Where, when?
Mr. Plummer: The Diplomat, you're well aware of i
an honor...
Mrs. Gordon: Is it the evening of that Saturday?
Mr. Plummer: Yes, the banquiet is at 6:30, the dinner is at 7:30, there will be
roughly 1,500 people there and Mrs. Gordon is going to be placed on the Board of
Directors at the Diplomat the 21st of October.
Mayor Ferre: Alright, and you need any resolution on that?
Mfrs. Gordon: They all know you are going to be president.
the room that doesn't?
Mayor Ferre: Oh, you are going to be the president.
Mrs. Gordon: You bet.
Mayor Ferre: Oh, well, what day
Mr. Plummer: October 21.
Mrs. Gordon: He is going to be the president of the State Association, that
a big one.
Mayor Ferre: October 21, ok, we will be there.
33. DESIGNATE VICE -MAYOR MANOLO REBOSO AS CITY'S
REPRESENTATIVE ON EASTERN AIRLINES' INAUGURAL FLIGHT
TO MERIDA.
Mayor Ferre: Alright, now we got two small things and then we got the
question of the Mike Simonhoff vacancy.
Mrs. Gordon: J. 1.., 1 never knew you were so modest...
Mr. Plummer: Rose, I never count chickens before they hatch, it takes a vote`
yet .
Mayor Ferro: Alright, we now have a question of the'Zastern Airlines' inaugural
flight to Merida,
Mr. Plummer; Mr, Mayor, Merida, Yucatan,
Mayor Ferre: Merida, Yucatan and we need a resolution here requesting
Commissioner Reboso to represent the City of Miami and there is no expense
to the City since it's an invitation of Eastern, but I want it to be an official
thing. J. L. Plummer moves, Mrs. Gordon seconds, further discussion:.,
Mrs. Gordon: What did I second?
Mayor Ferre: Reboso is representing the City on the inaugural Eastern Airlines'
trip to Merida. Ok? Further discussion, call the toll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION NO. 78-653
A MOTION DESIGNATING VICE --MAYOR MANOLO REBOSO
AS THE CITY COMMISSTON'S REPRESENTATIVE ON THE
OCCASION OF EASTERN AIRLINES' INAUGURAL FLIGHT
TO MERIDA.
Upon being seconded by Commissioner Gordon, the motion 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
Mayor Maurice A. Ferre
NOES: None.
34. DESIGNATE COMMISSIONER J. L. PLUMMER AND T,IO OTHER
INDIVIDUALS TO REPRESENT THE CITY OF MIAMI AT THE
ANNUAL MEETING OF THE N.F.L. OWNERS TO BE HELD IN
HONOLULU, H;al.AII TO SELECT CITY FOR SUPERBOWL GAME.
Mayor Ferre: Now, Mr. Reboso in term moves that Mr. J. L. Plummer be designated
the City of Miami's representative at the Super Bowl Meeting in Hawaii next
March. Father Gibson seconds and I think what we are going to do is this, we
are going to leave... I would like to get that motion for two people and we will
leave that open... two members of this Commission in case somebody else can go
because I think it's important and I don't mean to criticize you Plummer, it isn't
criticism, but I think it's important that more than one person know Super Bowl
business. Now, what's happened here is that over the past four or five years
Plummer goes to all these Super Bowl things and therefore,we got to lean on
Plummer all of the time.
Mr. Plummer: Get what? Get what out of Plummer?
Mayor Ferre: Yes, they are leaning on you.
Mr. Plummer: Oh.
Mayor Ferre: You see, we are leaning on you because the fact is that nobody
else here knows who Pete Rosell is or who the other guy is or who so and so is
and I think it's time for Reboso or Gibson or Rose Gordon or myself or somebody
else to know who the people are at the Super Bowl. So I think it's time for
us to send two people. Ok?
Mr. Plummer: Mr. Mayor, there is already a resolution that has been passed
at this Commission, that authorizing two people to go, one Commission and one
administration. Now, I would suggest...
Mayor Ferre: I'm expanding that to three.
Mr. Plummer: Ok,..,that you do it that way rather than designating J. L, I'lun e
or someone else.
75
OCT 121978
:1. y0r Ferre: Nc Plummer, look, the tact is. , . stop being so damn modest
:itri;t it, n000dv else knows what you know and you have been through it enough
i,=se5 and you know the people, that's why T think it's important... if you
.:ant to get off the hook, then you get off the hook for the next time because
then,.: and then get somebody else around here who knows the people; ok, besides
yourself.
.r. Plummer: Yes, but you are asking me to make a 14 hour flight over and
a 14 hour flight back,
Mayor Ferre: So what, you know, you have stayed up at wakes longer than thou
Ah we feel very sorry for you J. L., you are going to really rough it out there
in Hawaii..
Mr. Plummer: Well, then .... I strongly urge Mr. Mayor, that the resolution
be made in the form allocating three people to travel in behalf of the City.
Mayor Ferre: Fine, of which one is J. L. Plummer and the other two are to be
decided in the future. Further discussion on that motion, call the roll.
The following motion was introduced by Commissioner Reboso, who moved its
adoption.
MOTION NO. 78-654
A. MOTION DESIGNATING COMMISSIONER J. L. PLUNN1ER,
JR. AND TWO OTHER INDIVIDUALS TO BE NAMED AT A
LATER DATE TO REPRESENT THE CITY OF MIAMI AT THE
ANNUAL MEETING OF THE N.F.L. OWNERS TO BE HELD IN
HONOLULU, HAWAII IN MARCH OF 1979 IN CONNECTION
WITH PRESENTATIONS TO BE MADE FOR THE 1981
SUPERBOVI. GAME.
Upon being seconded by Commissioner Gibson, the motion was passed and
adopted by the following vote:
AYES:
NOES: None.
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Manolo Reboso
Mayor Maurice A. Ferre
35. DESIGNATE MR. JESSE WEISS AS CITY REPRESENTATIVE TO
ATTEND THE ANNUAL MEETING OF THE l . F . L . OW'JERS TO SE
HELD IN HONOLULU, HA►WAI I IN MARCH, 1979.
Mr. Plummer: Mr. Mayor, can I then have the latitude at this time without a
motion, I don't think it is necessary, to start putting that committee together
for the presentation, in particular Mr. Jesse Weiss who is just worth his weight
in gold, and others not at our expense? Do you hear that Willy? Not at our
expense but this thing takes a lot of leg work, it takes a good presentation.
Mr. Price does a good job for us but we've got to have an advance start and
that's now.
Mayor Ferro: Should we formalize this, Vince? What is it that Lew Price wanted
exactly?
Mr. Grimy.:: Well, he just wanted to make sure that Jesse Weiss was designated
,as a City representative for the purpose of making....
Mayor Ferro: Wc11, let's designate him right now. Plummer moves and Reboso
seconds that Jesse Weiss be one of the representatives for the City of Miami
orange Bowl presentation for the Superbowl at his own expense, is that correct?
Mr, Plummer: Well, the T.D.A.
76
OCT 121978
The following motion was introduced by Commissioner Plummer who
moved its adoption:
MOTION NO. 78-655
A MOTION DESIGNATING MR. JESSE WEISS AS ONE OF THE CITY OF
MIAMI'S REPRESENTATIVES TO ATTEND THE ANNUAL MEETING OF THE
N.F.L. OWNERS TO BE HELD IN HONOLULU, HAWAII IN MARCH OF 1979
IN CONNECTION WITH PRESENTATIONS TO BE MADE FOR THE 1981
SUPERBOWL GAME.
Upon being seconded by Commissioner Reboso, the Motion was passed,
acid adopted by the following vote -
AYES: Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Manolo Reboso
Mayor Maurice A. Ferre
36. APPOINT MEMBER TO THE ENVIRONMENTAL PRESERVATION
REVI E';, BOARD - DEFER.
Mayor Ferre: Ladies and gentlemen, it is now 4:00 O'Clock and we have gone through
everything but one thing on this agenda and that is the appointment of the Envir-
onmental Preservation Review Board. Now I have called Mr. Simonoff since this
came up this morning, three times. I haven't gotten a return call, I don't know
what his wishes are. I am sure that if he is reappointed he would accept, if
you want to do it....
Mrs. Gordon: I think we should defer this item, I move to defer to the next
Commission Meeting.
Mayor Ferre: Fine. Rose, would you talk to him?
Mrs. Gordon: I'll be out of town from early tomorrow, I told you.
Ma or Ferre: Oka , I'll talk to the man.
37. CANCEL SPECIAL MEETING SCHEDULED FOR OCTOBER 13, 1978;
RESCHEDULE FOR NOVEMBER 9, 1973.
Mr. Plummer: Mr. Mayor, only discussion, and I think we should have a little bit
more discussion so there is no confusion tomorrow, I want you to know that I will
be in a position unless we have a full commission tomorrow I will not be in a posi-
tion to vote tomorrow.
Mrs. Gordon: What did you say? I'm sorry, I didn't hear what you said, J. L.
— Mr. Plummer: Let's don't play games with each other, Okay?
Mayor Ferre: You can't do that, under the City Charter when there is a Commission,
now you can you know vote for somebody that isn't going to win and then we have a
deadlock and that will be the end of it but for you to - now the thing you can do
is not show up, that's something else. That you could do.
Mr. Plummer: Mr. Mayor, you know it is amazing how long some funerals can take.
Mayor Ferre: That's fine. And if your funeral takes long enough where there
isn't enough people here to have a quorum then we don't have a Commission Meeting.
You know if at 12:30 there isn't anybody here there is no Commission Meeting and
obviously the matter will be deferred until November automatically and that's the
end of it unless I can catch you for another day.
77
OCT 1 9 1978
Mr. Plummet: Mt. Mayor, what l'm saying is I would prefer as we leave here today
unless Mrs. Gordon indicates that she will be present tomorrow....
Mayor Ferre: She won't be present.
Mr. Plummer: ...that you not have the call for tomorrow until Mrs. Gordon or at
least we can count noses for a full board.
Mayor Ferre: I withdraw the meeting tomorrow and we'll take it up. And Mr. Man-
ager, you tell the Civil Service Board just to hang in there for one more month.
What can I tell you? There's nothing we can do about it. So we'll take it up
on the November Meeting. Would you put it first thing on the agenda of November
9th, the number one item so people can't say, "Well, I didn't know" and "We didn't
have time to interview"?
38. PERSONAL APPEARANCE OF SANITATION EMPLOYEES WHO HAVE
BEEN TERMINATED.
Mr. Forte: Mr. Mayor, could I address the Commission?
Mayor Ferre: Yes, of course.
Mr. Forte: I represent a group of people that have been laid off, we work with
the Sanitation Department and we would like to know why we have been laid off
after four years.
Mayor Ferre: All right, do we have someone who can answer that question: Why
these nine gentlemen have been laid off? They are CETA employees in the Sanita-
tion Department.
Mr. Grassie: This is the result of the cutbacks in the budget that we had to make,
Mr. Mayor. You remember that we were obliged to lay-off some positions in the
General Fund.
Mayor Ferre: Yes.
Mr. Grassie: And CETA regulations forced us then to lay-off any similarly titled
position that is paid for by CETA.
Mayor Ferre: Yes.
Mr. Grassie: So we really have no choice about it.
Mr. Plummer: Well, let me ask a question now because either this thing is in
proper perspective or its not. Mr. Manager, when these people were given their
termination notice were they informed why?
Mr. Grassie: Yes, because of the budget reasons and the CETA policy.
Mr. Plummer: But I mean it was spelled out ... Okay, just a minute. Was it
spelled out in very clear language to these men - here is the reason why you are
being dismissed? Or were they just given a check marked 'final pay'?
Mr. Grassie: No, they were sent a letter by the Director of the Department explain-
ing that the budget did not include their positions, did not include the CETA
supplement that would be necessary to continue their positions and, consequently,
that they would be laid off.
Mr. Plummer: Did you receive such a letter, sir?
Mr. Forte: I have a letter here but I understand that the CETA money is there
for each man. Now we understand that the City Commission don't want to put up
the difference, that's the whole problem according to the letter that we have
received.
Mr. Plummer: May I see the letter, please?
Mr, Forte; Yea,
78
OCT 121978
tilt. Plummet: With your permission I can make a copy? Let me read it into the
record. "Dear Mr. Forte, On Thursday 28, 1976 the City Commission adopted the
operating budget for the 1978-79 fiscal year. The Solid Waste Department did
not project funds for supplementing the CETA Program, therefore, this letter will
serve to notify you that your last day of work will be October 13, 1978. I am
sorry that your employment is terminated, however, I would like to take this
opportunity to wish you success in your future endeavors. Sincerely yours,
Clarence Patterson, Director", dated October 2, 11 days notice.
Mayor Ferre: It is always a tragic thing to see somebody being laid off, the
question is what can we do about it right now if anything, Mr. Manager?
Mr. Grassie: The only thing that really can be done is to hope that individuals
will be able to come back to work at some time in the future as other employees
either retire or move on to other work. Now they, of course, will be on a call
back register which will give them some priority rights to come back to work in
the same kind or any similar work that they can do but that is not a guarantee
that they will come back immediately and, of course, as a matter of fact they
will not come immediately. It would depend entirely on the turn -over level of
similar employments whether they would be able to come back any time soon.
Mayor Ferre: I wish we could solve the problem, I don't know of anything else.
Can you think of anything else?
Mr. Plummer: Well, Mr. Mayor, this is of little consolation to these gentlemen
but let me say this: Mr. Grassie, I did speak to this issue before, that it was
my hope and desire speaking for one that these gentlemen who are being terminated
would be given priority in the first available openings as to their seniority.
In other words what I'm saying is this: These gentlemen I'm assuming have been
working for 6, 7, 8 months, whatever.
Mr. Forte: Four years.
Mr. Plummer: Four years, Ok. You have, we have an investment in training and
involvement and experience. I'm assuming that these men you did not want to term-
inate for any kind of problem other than financial.
Mr. Grassie: That's correct.
Mr. Plummer: And that these men hopefully would be given priority on rehiring
as vacancies occur simply because they have the training, they have the experience
and the know-how in the job that they have been doing. Now I realize that doesn't
put food on their table tomorrow and that's what they're really concerned about
is food tomorrow. We cannot do anything here at this level to do anything with
by restraints of finances but I think that they should be assured by this Commis-
sion or by you, not this Commission, that as vacancies occur they will according
to their seniority be given first priority if they have not found other employ-
ment.
Mr. Forte: But I understand that the Sanitation Department had many openings
which they are all frozen, you know they have more than 30 openings up there since
last Christmas.
Mr. Plummer: Well sir, I can't speak to that. If there are openings and they
are hiring I for one am expressing... Sir, I can only express my opinion. Accord-
ing to the Charter I can't tell this man what to do.
Mayor Ferre:
I think you expressed my opinion too and I agree with you.
Mr. Plummer: That if they do any hiring I think those people who we have an in-
vestment in should be given first priority.
Mayor Ferre: We all agree to that as a matter of policy, Mrs, Gordon, Mr. Plummer
and myself which makes a majority of this Commission.
Mr. Forte: We really appreciate it because you know we have families and ...,
Mayor Ferre: Listen, there is nothing harder for any of us.
Mr. Forte: ...we want jobs, we don't want to be laid off and collect unemploy-
ment we want to work. We're good workers.
Mayor Ferre: We want you to work and we hope it is soon and I'm sorry that we
have to go through this, it's the hardest thing in the world to see somebody being
79
OCT 121978
11111111 EIMIIIIIIIIIIMINNomm
■
ATTEST:
• RALPH G. ONG1E
CITY CLERK
laid off fr,r no fault of their own and th r. not being able to make a living and
we feel very badly about it. And I hope, Mr. Manager, that you will take excep=
tional, you and Jack and all of you, to see that these men ate given a priority
on any positions that open up in the City of Miami in the future if possible.
Mr. Forte: Thank you, Mr. Mayor
Mayor Fern!: All right, and we're sorry.
There being no further business to tote before the City Welt.
sion, the meeting was adjourned at 4:0/ O'Clock P.M.
MATTV HIRAI
ASSISTANT CITY CIS=RR
MAURICE A. FERRt
MAYOR
Titg t.4 rat
OCT I .1978
CITY OF MAMI
DOCUMENT
IN SEX
MEETING DATE:
October 12, 1978
ITEM NO
1
2
3
4
5
6
7
8
9
10
11
12
13
14
DOCUMENT IDENTIFICATION
COMMISSION
ACTION
RETRIEVAL
CODE NO.
C0'1ISSION AGENDA AND CITY CLERK REPORT
DECLARING THE CITY'S SUPPORT OF FEDERAL HOUSE BILIS
NO. 8729 AND NO. 11986 WHICH ALLOCATE 2% OF THE PRESENT
8% TAX ON AIRLINE TICKETS
AUTHORIZING AUTHORIZING AN INCREASE IN THE SCOPE OF
THE CONTRACT IN AN AMOUNT NOT TO EXCEED $20,000 FOR
THE MIAMI CONVENTION CENTER SITE PREPARATION WORK
ACCEPTING THE BID OF HIALEAH GRANDSTAND, INC. FOR
FURNISHING 4,6000 TEMPORARY BLEACHER SEATS ON A
RENTAL BASIS FOR THE DEPARTMENT OF STADIUMS AND MARINAS
AT A TOTAL COST OF $50,600 00
ACCEPTING THE BID OF DOCK AND MARINE CONSTRUCTION, INC
ACCEPTING THE BID OF JUEIJ.E BROS., INC. IN THE PROPOSED
AMOUNT OF $29.400.00
APPROVING THE TERMS OF THE ATTACHED PROPOSAL SUBMI'IThD
BY EVELIO LEY & ASSOCIATES, INC.
CERTIFYING AND DECLARING THE FOLLOWING RESULT OF THE
SPECIAL MUNICIPAL ELECTION HELD OCTOBER 5, 1978 WITH
RESPECT TO THE AUTHORIZATION OF SOUTHERN BFI1, TELE-
PHONE COMPANY
CONDITIONALLY AUTHORIZING THE CLOSING OF FULLER STREET
BETWEEN MAIN HIGHWAY AND GRAND AVENUE ON SATURDAY,
OCTOBER 21, 1978 FROM 10:00 A.M. THROUGH 2:00 P.M.
IN CONNECTION WITH FLORIDA ASPI UNIVERSITY'S ANNUAL
ORANGE BLOSSOM CLSSIC IN THE CITY OF M:IAMI'S ORANGE
BOWL
ACCEPTING THE BID OF BISCAYNE FIRE EQUIPMENT CO, FOR
FURNISHING 10,250 FEET OF FIRE HOSE FOR THE DEPARTMENT
OF FIRE; AT A TOTAL COST OF $15,965.00
ACCEPTING THE BID OF P.T. GARRETT FOR FURNISHING
FIRE NOZZLES AND VALVES AT A COST OF $6,261.51
ACCEPTING THE BID OF JULES BROS. UNIFORMS, INC.
FOR FURNISHING WORK UNIFORMS ON A CONTRACT BASIS FOR
ONE YEAR -CITY WIDE.
ACCEPTING THE FOLLOWING BIDS FOR FURNISHING CHEMICALS
AND FERTILIZER FOR THE DEPARTMENT OF PARKS
R-78-638
R-78-639
R-78-640
R-78-641
R-78-642
R-78-644
0039
78-638
78-639
78-640
78-641
78-642
78-644
R-78-645 78-645
R-78-646 78-646
R-78-647 78-647
R-78-648 78-649
R-78-649 78-649
R-78-650 78-650
R-78-651 78-651
Mr-